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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||||||||||||||||||||
5 | Section 4.28 and by adding Section 4.38 as follows: | ||||||||||||||||||||||||
6 | (5 ILCS 80/4.28) | ||||||||||||||||||||||||
7 | Sec. 4.28. Acts
repealed on January 1, 2018. The following | ||||||||||||||||||||||||
8 | Acts are
repealed on January 1, 2018: | ||||||||||||||||||||||||
9 | The Illinois Petroleum Education and Marketing Act.
| ||||||||||||||||||||||||
10 | The Podiatric Medical Practice Act of 1987. | ||||||||||||||||||||||||
11 | The Acupuncture Practice Act. | ||||||||||||||||||||||||
12 | The Illinois Speech-Language Pathology and Audiology | ||||||||||||||||||||||||
13 | Practice Act. | ||||||||||||||||||||||||
14 | The Interpreter for the Deaf Licensure Act of 2007. | ||||||||||||||||||||||||
15 | The Nurse Practice Act. | ||||||||||||||||||||||||
16 | The Clinical Social Work and Social Work Practice Act. | ||||||||||||||||||||||||
17 | The Pharmacy Practice Act. | ||||||||||||||||||||||||
18 | The Home Medical Equipment and Services Provider License | ||||||||||||||||||||||||
19 | Act. | ||||||||||||||||||||||||
20 | The Marriage and Family Therapy Licensing Act. | ||||||||||||||||||||||||
21 | The Nursing Home Administrators Licensing and Disciplinary | ||||||||||||||||||||||||
22 | Act. | ||||||||||||||||||||||||
23 | The Physician Assistant Practice Act of 1987. |
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| |||||||
1 | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | ||||||
2 | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | ||||||
3 | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | ||||||
4 | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | ||||||
5 | 96-328, eff. 8-11-09.) | ||||||
6 | (5 ILCS 80/4.38 new) | ||||||
7 | Sec. 4.38. Act repealed on January 1, 2028. The following | ||||||
8 | Act is repealed on January 1, 2028: | ||||||
9 | The Nurse Practice Act. | ||||||
10 | Section 10. The State Employees Group Insurance Act of 1971 | ||||||
11 | is amended by changing Section 6.11A as follows: | ||||||
12 | (5 ILCS 375/6.11A) | ||||||
13 | Sec. 6.11A. Physical therapy and occupational therapy. | ||||||
14 | (a) The program of health benefits provided under this Act | ||||||
15 | shall provide coverage for medically necessary physical | ||||||
16 | therapy and occupational therapy when that therapy is ordered | ||||||
17 | for the treatment of autoimmune diseases or referred for the | ||||||
18 | same purpose by (i) a physician licensed under the Medical | ||||||
19 | Practice Act of 1987, (ii) a physician assistant licensed under | ||||||
20 | the Physician Assistant Practice Act of 1987, or (iii) an | ||||||
21 | advanced practice registered nurse licensed under the Nurse | ||||||
22 | Practice Act. | ||||||
23 | (b) For the purpose of this Section, "medically necessary" |
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| |||||||
1 | means any care, treatment, intervention, service, or item that | ||||||
2 | will or is reasonably expected to: | ||||||
3 | (i) prevent the onset of an illness, condition, injury, | ||||||
4 | disease, or disability; | ||||||
5 | (ii) reduce or ameliorate the physical, mental, or | ||||||
6 | developmental effects of an illness, condition, injury, | ||||||
7 | disease, or disability; or | ||||||
8 | (iii) assist the achievement or maintenance of maximum | ||||||
9 | functional activity in performing daily activities. | ||||||
10 | (c) The coverage required under this Section shall be | ||||||
11 | subject to the same deductible, coinsurance, waiting period, | ||||||
12 | cost sharing limitation, treatment limitation, calendar year | ||||||
13 | maximum, or other limitations as provided for other physical or | ||||||
14 | rehabilitative or occupational therapy benefits covered by the | ||||||
15 | policy. | ||||||
16 | (d) Upon request of the reimbursing insurer, the provider | ||||||
17 | of the physical therapy or occupational therapy shall furnish | ||||||
18 | medical records, clinical notes, or other necessary data that | ||||||
19 | substantiate that initial or continued treatment is medically | ||||||
20 | necessary. When treatment is anticipated to require continued | ||||||
21 | services to achieve demonstrable progress, the insurer may | ||||||
22 | request a treatment plan consisting of the diagnosis, proposed | ||||||
23 | treatment by type, proposed frequency of treatment, | ||||||
24 | anticipated duration of treatment, anticipated outcomes stated | ||||||
25 | as goals, and proposed frequency of updating the treatment | ||||||
26 | plan. |
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| |||||||
1 | (e) When making a determination of medical necessity for | ||||||
2 | treatment, an insurer must make the determination in a manner | ||||||
3 | consistent with the manner in which that determination is made | ||||||
4 | with respect to other diseases or illnesses covered under the | ||||||
5 | policy, including an appeals process. During the appeals | ||||||
6 | process, any challenge to medical necessity may be viewed as | ||||||
7 | reasonable only if the review includes a licensed health care | ||||||
8 | professional with the same category of license as the | ||||||
9 | professional who ordered or referred the service in question | ||||||
10 | and with expertise in the most current and effective treatment.
| ||||||
11 | (Source: P.A. 99-581, eff. 1-1-17 .) | ||||||
12 | Section 15. The Election Code is amended by changing | ||||||
13 | Sections 19-12.1 and 19-13 as follows:
| ||||||
14 | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| ||||||
15 | Sec. 19-12.1.
Any qualified elector who has secured an | ||||||
16 | Illinois
Person with a Disability Identification Card in | ||||||
17 | accordance with the Illinois
Identification Card Act, | ||||||
18 | indicating that the person named thereon has a Class
1A or | ||||||
19 | Class 2 disability or any qualified voter who has a permanent | ||||||
20 | physical
incapacity of such a nature as to make it improbable | ||||||
21 | that he will be
able to be present at the polls at any future | ||||||
22 | election, or any
voter who is a resident of (i) a federally | ||||||
23 | operated veterans' home, hospital, or facility located in | ||||||
24 | Illinois or (ii) a facility licensed or certified pursuant to
|
| |||||||
| |||||||
1 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
2 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
3 | the MC/DD Act and has a condition or disability of
such a | ||||||
4 | nature as to make it improbable that he will be able to be | ||||||
5 | present
at the polls at any future election, may secure a | ||||||
6 | voter's identification card for persons with disabilities or a
| ||||||
7 | nursing home resident's identification card, which will enable | ||||||
8 | him to vote
under this Article as a physically incapacitated or | ||||||
9 | nursing home voter. For the purposes of this Section, | ||||||
10 | "federally operated veterans' home, hospital, or facility" | ||||||
11 | means the long-term care facilities at the Jesse Brown VA | ||||||
12 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||||||
13 | VA Hospital, Marion VA Medical Center, and Captain James A. | ||||||
14 | Lovell Federal Health Care Center.
| ||||||
15 | Application for a voter's identification card for persons | ||||||
16 | with disabilities or a nursing home resident's
identification | ||||||
17 | card shall be made either: (a) in writing, with voter's
sworn | ||||||
18 | affidavit, to the county clerk or board of election | ||||||
19 | commissioners, as
the case may be, and shall be accompanied
by | ||||||
20 | the affidavit of the attending physician, advanced practice | ||||||
21 | registered nurse, or a physician assistant specifically | ||||||
22 | describing the
nature of the physical incapacity or the fact | ||||||
23 | that the voter is a nursing
home resident and is physically | ||||||
24 | unable to be present at the polls on election
days; or (b) by | ||||||
25 | presenting, in writing or otherwise, to the county clerk
or | ||||||
26 | board of election commissioners, as the case may be, proof that |
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| |||||||
1 | the
applicant has secured an Illinois Person with a Disability | ||||||
2 | Identification Card
indicating that the person named thereon | ||||||
3 | has a Class 1A or Class 2 disability.
Upon the receipt of | ||||||
4 | either the sworn-to
application and the physician's, advanced | ||||||
5 | practice registered nurse's, or a physician assistant's | ||||||
6 | affidavit or proof that the applicant has
secured an Illinois | ||||||
7 | Person with a Disability Identification Card indicating that | ||||||
8 | the
person named thereon has a Class 1A or Class 2 disability, | ||||||
9 | the county clerk
or board of election commissioners shall issue | ||||||
10 | a voter's identification card for persons with disabilities or | ||||||
11 | a
nursing home resident's identification
card. Such | ||||||
12 | identification cards shall be issued for a
period of 5 years, | ||||||
13 | upon the expiration of which time the voter may
secure a new | ||||||
14 | card by making application in the same manner as is
prescribed | ||||||
15 | for the issuance of an original card, accompanied by a new
| ||||||
16 | affidavit of the attending physician, advanced practice | ||||||
17 | registered nurse, or a physician assistant. The date of | ||||||
18 | expiration of such
five-year period shall be made known to any | ||||||
19 | interested person by the
election authority upon the request of | ||||||
20 | such person. Applications for the
renewal of the identification | ||||||
21 | cards shall be mailed to the voters holding
such cards not less | ||||||
22 | than 3 months prior to the date of expiration of the cards.
| ||||||
23 | Each voter's identification card for persons with | ||||||
24 | disabilities or nursing home resident's identification card
| ||||||
25 | shall bear an identification number, which shall be clearly | ||||||
26 | noted on the voter's
original and duplicate registration record |
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| |||||||
1 | cards. In the event the
holder becomes physically capable of | ||||||
2 | resuming normal voting, he must
surrender his voter's | ||||||
3 | identification card for persons with disabilities or nursing | ||||||
4 | home resident's identification
card to the county clerk or | ||||||
5 | board of election commissioners before the next election.
| ||||||
6 | The holder of a voter's identification card for persons | ||||||
7 | with disabilities or a nursing home resident's
identification | ||||||
8 | card may make application by mail for an official ballot
within | ||||||
9 | the time prescribed by Section 19-2. Such application shall | ||||||
10 | contain
the same information as is
included in the form of | ||||||
11 | application for ballot by a physically
incapacitated elector | ||||||
12 | prescribed in Section 19-3 except that it shall
also include | ||||||
13 | the applicant's voter's identification card for persons with | ||||||
14 | disabilities card number
and except that it need not be sworn | ||||||
15 | to. If an examination of the records
discloses that the | ||||||
16 | applicant is lawfully entitled to vote, he shall be
mailed a | ||||||
17 | ballot as provided in Section 19-4. The ballot envelope shall
| ||||||
18 | be the same as that prescribed in Section 19-5 for voters with | ||||||
19 | physical disabilities, and the manner of voting and returning | ||||||
20 | the ballot shall be the
same as that provided in this Article | ||||||
21 | for other vote by mail ballots, except
that a statement to be | ||||||
22 | subscribed to by the voter but which need not be
sworn to shall | ||||||
23 | be placed on the ballot envelope in lieu of the affidavit
| ||||||
24 | prescribed by Section 19-5.
| ||||||
25 | Any person who knowingly subscribes to a false statement in
| ||||||
26 | connection with voting under this Section shall be guilty of a |
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| |||||||
1 | Class A
misdemeanor.
| ||||||
2 | For the purposes of this Section, "nursing home resident" | ||||||
3 | includes a resident of (i) a federally operated veterans' home, | ||||||
4 | hospital, or facility located in Illinois or (ii) a facility | ||||||
5 | licensed under the ID/DD Community Care Act, the MC/DD Act, or | ||||||
6 | the Specialized Mental Health Rehabilitation Act of 2013. For | ||||||
7 | the purposes of this Section, "federally operated veterans' | ||||||
8 | home, hospital, or facility" means the long-term care | ||||||
9 | facilities at the Jesse Brown VA Medical Center, Illiana Health | ||||||
10 | Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical | ||||||
11 | Center, and Captain James A. Lovell Federal Health Care Center. | ||||||
12 | (Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; | ||||||
13 | 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff. | ||||||
14 | 1-1-17; 99-642, eff. 6-28-16 .)
| ||||||
15 | (10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
| ||||||
16 | Sec. 19-13. Any qualified voter who has been admitted to a | ||||||
17 | hospital, nursing home, or rehabilitation center
due to an | ||||||
18 | illness or physical injury not more than 14 days before an | ||||||
19 | election
shall be entitled to personal delivery of a vote by | ||||||
20 | mail ballot in the hospital, nursing home, or rehabilitation | ||||||
21 | center
subject to the following conditions:
| ||||||
22 | (1) The voter completes the Application for Physically | ||||||
23 | Incapacitated
Elector as provided in Section 19-3, stating as | ||||||
24 | reasons therein that he is
a patient in ............... (name | ||||||
25 | of hospital/home/center), ............... located
at, |
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| |||||||
1 | ............... (address of hospital/home/center), | ||||||
2 | ............... (county,
city/village), was admitted for | ||||||
3 | ............... (nature of illness or
physical injury), on | ||||||
4 | ............... (date of admission), and does not
expect to be | ||||||
5 | released from the hospital/home/center on or before the day of | ||||||
6 | election or, if released, is expected to be homebound on the | ||||||
7 | day of the election and unable to travel to the polling place.
| ||||||
8 | (2) The voter's physician, advanced practice registered | ||||||
9 | nurse, or physician assistant completes a Certificate of | ||||||
10 | Attending Health Care Professional
in a form substantially as | ||||||
11 | follows:
| ||||||
12 | CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL
| ||||||
13 | I state that I am a physician, advanced practice registered | ||||||
14 | nurse, or physician assistant, duly licensed to practice in the | ||||||
15 | State of
.........; that .......... is a patient in .......... | ||||||
16 | (name of hospital/home/center),
located at ............. | ||||||
17 | (address of hospital/home/center), ................. (county,
| ||||||
18 | city/village); that such individual was admitted for | ||||||
19 | ............. (nature
of illness or physical injury), on | ||||||
20 | ............ (date of admission); and
that I have examined such | ||||||
21 | individual in the State in which I am licensed
to practice and | ||||||
22 | do not expect such individual to be released from
the | ||||||
23 | hospital/home/center on or before the day of election or, if | ||||||
24 | released, to be able to travel to the polling place on election | ||||||
25 | day.
| ||||||
26 | Under penalties as provided by law pursuant to Section |
| |||||||
| |||||||
1 | 29-10 of The Election
Code, the undersigned certifies that the | ||||||
2 | statements set forth in this
certification are true and | ||||||
3 | correct.
| ||||||
4 | (Signature) ...............
| ||||||
5 | (Date licensed) ............
| ||||||
6 | (3) Any person who is registered to vote in the same | ||||||
7 | precinct as the admitted voter or any legal relative of the | ||||||
8 | admitted voter may
present such voter's vote by mail ballot | ||||||
9 | application, completed as prescribed
in paragraph 1, | ||||||
10 | accompanied by the physician's, advanced practice registered | ||||||
11 | nurse's, or a physician assistant's certificate, completed as
| ||||||
12 | prescribed in paragraph 2, to the election authority.
Such | ||||||
13 | precinct voter or relative shall execute and sign an affidavit | ||||||
14 | furnished
by the election authority attesting that he is a | ||||||
15 | registered voter in the
same precinct as the admitted voter or | ||||||
16 | that he is a legal relative of
the admitted voter and stating | ||||||
17 | the nature of the
relationship. Such precinct voter or relative | ||||||
18 | shall further attest that
he has been authorized by the | ||||||
19 | admitted voter to obtain his or her vote by mail ballot
from | ||||||
20 | the election authority and deliver such ballot to him in the | ||||||
21 | hospital, home, or center.
| ||||||
22 | Upon receipt of the admitted voter's application, | ||||||
23 | physician's, advanced practice registered nurse's, or a | ||||||
24 | physician assistant's
certificate, and the affidavit of the | ||||||
25 | precinct voter or the relative, the
election authority shall | ||||||
26 | examine the registration records to determine if
the applicant |
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| |||||||
1 | is qualified to vote and, if found to be qualified, shall
| ||||||
2 | provide the precinct voter or the relative the vote by mail | ||||||
3 | ballot for delivery
to the applicant.
| ||||||
4 | Upon receipt of the vote by mail ballot, the admitted voter | ||||||
5 | shall mark the
ballot in secret and subscribe to the | ||||||
6 | certifications on the vote by mail ballot
return envelope. | ||||||
7 | After depositing the ballot in the return envelope and
securely | ||||||
8 | sealing the envelope, such voter shall give the envelope to the
| ||||||
9 | precinct voter or the relative who shall deliver it to the | ||||||
10 | election authority
in sufficient time for the ballot to be | ||||||
11 | delivered by the election authority
to the election authority's | ||||||
12 | central ballot counting location
before 7 p.m. on election day.
| ||||||
13 | Upon receipt of the admitted voter's vote by mail ballot,
| ||||||
14 | the ballot shall be counted in the manner prescribed in this | ||||||
15 | Article.
| ||||||
16 | (Source: P.A. 98-1171, eff. 6-1-15; 99-581, eff. 1-1-17 .)
| ||||||
17 | Section 20. The Illinois Identification Card Act is amended | ||||||
18 | by changing Section 4 as follows:
| ||||||
19 | (15 ILCS 335/4) (from Ch. 124, par. 24)
| ||||||
20 | (Text of Section before amendment by P.A. 99-907 )
| ||||||
21 | Sec. 4. Identification card.
| ||||||
22 | (a) The Secretary of State shall issue a
standard Illinois | ||||||
23 | Identification Card to any natural person who is a resident
of | ||||||
24 | the State of Illinois who applies for such card, or renewal |
| |||||||
| |||||||
1 | thereof,
or who applies for a standard Illinois Identification | ||||||
2 | Card upon release as a
committed person on parole, mandatory | ||||||
3 | supervised release, aftercare release, final discharge, or
| ||||||
4 | pardon from the Department of Corrections or Department of | ||||||
5 | Juvenile Justice by submitting an identification card
issued by | ||||||
6 | the Department of Corrections or Department of Juvenile Justice | ||||||
7 | under Section 3-14-1 or Section 3-2.5-70 of the Unified
Code of | ||||||
8 | Corrections,
together with the prescribed fees. No | ||||||
9 | identification card shall be issued to any person who holds a | ||||||
10 | valid
foreign state
identification card, license, or permit | ||||||
11 | unless the person first surrenders to
the Secretary of
State | ||||||
12 | the valid foreign state identification card, license, or | ||||||
13 | permit. The card shall be prepared and
supplied by the | ||||||
14 | Secretary of State and shall include a photograph and signature | ||||||
15 | or mark of the
applicant. However, the Secretary of State may | ||||||
16 | provide by rule for the issuance of Illinois Identification | ||||||
17 | Cards without photographs if the applicant has a bona fide | ||||||
18 | religious objection to being photographed or to the display of | ||||||
19 | his or her photograph. The Illinois Identification Card may be | ||||||
20 | used for
identification purposes in any lawful situation only | ||||||
21 | by the person to
whom it was issued.
As used in this Act, | ||||||
22 | "photograph" means any color photograph or digitally
produced | ||||||
23 | and captured image of an applicant for an identification card. | ||||||
24 | As
used in this Act, "signature" means the name of a person as | ||||||
25 | written by that
person and captured in a manner acceptable to | ||||||
26 | the Secretary of State. |
| |||||||
| |||||||
1 | (a-5) If an applicant for an identification card has a | ||||||
2 | current driver's license or instruction permit issued by the | ||||||
3 | Secretary of State, the Secretary may require the applicant to | ||||||
4 | utilize the same residence address and name on the | ||||||
5 | identification card, driver's license, and instruction permit | ||||||
6 | records maintained by the Secretary. The Secretary may | ||||||
7 | promulgate rules to implement this provision.
| ||||||
8 | (a-10) If the applicant is a judicial officer as defined in | ||||||
9 | Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
10 | the applicant may elect to have his or her office or work | ||||||
11 | address listed on the card instead of the applicant's residence | ||||||
12 | or mailing address. The Secretary may promulgate rules to | ||||||
13 | implement this provision. For the purposes of this subsection | ||||||
14 | (a-10), "peace officer" means any person who by virtue of his | ||||||
15 | or her office or public employment is vested by law with a duty | ||||||
16 | to maintain public order or to make arrests for a violation of | ||||||
17 | any penal statute of this State, whether that duty extends to | ||||||
18 | all violations or is limited to specific violations. | ||||||
19 | (a-15) The Secretary of State may provide for an expedited | ||||||
20 | process for the issuance of an Illinois Identification Card. | ||||||
21 | The Secretary shall charge an additional fee for the expedited | ||||||
22 | issuance of an Illinois Identification Card, to be set by rule, | ||||||
23 | not to exceed $75. All fees collected by the Secretary for | ||||||
24 | expedited Illinois Identification Card service shall be | ||||||
25 | deposited into the Secretary of State Special Services Fund. | ||||||
26 | The Secretary may adopt rules regarding the eligibility, |
| |||||||
| |||||||
1 | process, and fee for an expedited Illinois Identification Card. | ||||||
2 | If the Secretary of State determines that the volume of | ||||||
3 | expedited identification card requests received on a given day | ||||||
4 | exceeds the ability of the Secretary to process those requests | ||||||
5 | in an expedited manner, the Secretary may decline to provide | ||||||
6 | expedited services, and the additional fee for the expedited | ||||||
7 | service shall be refunded to the applicant. | ||||||
8 | (b) The Secretary of State shall issue a special Illinois
| ||||||
9 | Identification Card, which shall be known as an Illinois Person | ||||||
10 | with a Disability
Identification Card, to any natural person | ||||||
11 | who is a resident of the State
of Illinois, who is a person | ||||||
12 | with a disability as defined in Section 4A of this Act,
who | ||||||
13 | applies for such card, or renewal thereof. No Illinois Person | ||||||
14 | with a Disability Identification Card shall be issued to any | ||||||
15 | person who
holds a valid
foreign state identification card, | ||||||
16 | license, or permit unless the person first
surrenders to the
| ||||||
17 | Secretary of State the valid foreign state identification card, | ||||||
18 | license, or
permit. The Secretary of State
shall charge no fee | ||||||
19 | to issue such card. The card shall be prepared and
supplied by | ||||||
20 | the Secretary of State, and shall include a photograph and | ||||||
21 | signature or mark of the
applicant, a designation indicating | ||||||
22 | that the card is an Illinois
Person with a Disability | ||||||
23 | Identification Card, and shall include a comprehensible | ||||||
24 | designation
of the type and classification of the applicant's | ||||||
25 | disability as set out in
Section 4A of this Act. However, the | ||||||
26 | Secretary of State may provide by rule for the issuance of |
| |||||||
| |||||||
1 | Illinois Person with a Disability Identification Cards without | ||||||
2 | photographs if the applicant has a bona fide religious | ||||||
3 | objection to being photographed or to the display of his or her | ||||||
4 | photograph. If the applicant so requests, the card shall
| ||||||
5 | include a description of the applicant's disability and any | ||||||
6 | information
about the applicant's disability or medical | ||||||
7 | history which the Secretary
determines would be helpful to the | ||||||
8 | applicant in securing emergency medical
care. If a mark is used | ||||||
9 | in lieu of a signature, such mark
shall be affixed to the card | ||||||
10 | in the presence of two witnesses who attest to
the authenticity | ||||||
11 | of the mark. The Illinois
Person with a Disability | ||||||
12 | Identification Card may be used for identification purposes
in | ||||||
13 | any lawful situation by the person to whom it was issued.
| ||||||
14 | The Illinois Person with a Disability Identification Card | ||||||
15 | may be used as adequate
documentation of disability in lieu of | ||||||
16 | a physician's determination of
disability, a determination of | ||||||
17 | disability from a physician assistant, a determination of | ||||||
18 | disability from an advanced practice registered
nurse, or any
| ||||||
19 | other documentation
of disability whenever
any
State law
| ||||||
20 | requires that a person with a disability provide such | ||||||
21 | documentation of disability,
however an Illinois Person with a | ||||||
22 | Disability Identification Card shall not qualify
the | ||||||
23 | cardholder to participate in any program or to receive any | ||||||
24 | benefit
which is not available to all persons with like | ||||||
25 | disabilities.
Notwithstanding any other provisions of law, an | ||||||
26 | Illinois Person with a Disability
Identification Card, or |
| |||||||
| |||||||
1 | evidence that the Secretary of State has issued an
Illinois | ||||||
2 | Person with a Disability Identification Card, shall not be used | ||||||
3 | by any
person other than the person named on such card to prove | ||||||
4 | that the person
named on such card is a person with a | ||||||
5 | disability or for any other purpose unless the
card is used for | ||||||
6 | the benefit of the person named on such card, and the
person | ||||||
7 | named on such card consents to such use at the time the card is | ||||||
8 | so used.
| ||||||
9 | An optometrist's determination of a visual disability | ||||||
10 | under Section 4A of this Act is acceptable as documentation for | ||||||
11 | the purpose of issuing an Illinois Person with a Disability | ||||||
12 | Identification Card. | ||||||
13 | When medical information is contained on an Illinois Person | ||||||
14 | with a Disability
Identification Card, the Office of the | ||||||
15 | Secretary of State shall not be
liable for any actions taken | ||||||
16 | based upon that medical information.
| ||||||
17 | (c) The Secretary of State shall provide
that each original | ||||||
18 | or renewal Illinois Identification Card or Illinois
Person with | ||||||
19 | a Disability Identification Card issued to a person under the | ||||||
20 | age of 21
shall be of a distinct nature from those Illinois | ||||||
21 | Identification Cards or
Illinois Person with a Disability | ||||||
22 | Identification Cards issued to individuals 21
years of age or | ||||||
23 | older. The color designated for Illinois Identification
Cards | ||||||
24 | or Illinois Person with a Disability Identification Cards for | ||||||
25 | persons under
the age of 21 shall be at the discretion of the | ||||||
26 | Secretary of State.
|
| |||||||
| |||||||
1 | (c-1) Each original or renewal Illinois
Identification | ||||||
2 | Card or Illinois Person with a Disability Identification Card | ||||||
3 | issued to
a person under the age of 21 shall display the date | ||||||
4 | upon which the person
becomes 18 years of age and the date upon | ||||||
5 | which the person becomes 21 years of
age.
| ||||||
6 | (c-3) The General Assembly recognizes the need to identify | ||||||
7 | military veterans living in this State for the purpose of | ||||||
8 | ensuring that they receive all of the services and benefits to | ||||||
9 | which they are legally entitled, including healthcare, | ||||||
10 | education assistance, and job placement. To assist the State in | ||||||
11 | identifying these veterans and delivering these vital services | ||||||
12 | and benefits, the Secretary of State is authorized to issue | ||||||
13 | Illinois Identification Cards and Illinois Person with a | ||||||
14 | Disability Identification Cards with the word "veteran" | ||||||
15 | appearing on the face of the cards. This authorization is | ||||||
16 | predicated on the unique status of veterans. The Secretary may | ||||||
17 | not issue any other identification card which identifies an | ||||||
18 | occupation, status, affiliation, hobby, or other unique | ||||||
19 | characteristics of the identification card holder which is | ||||||
20 | unrelated to the purpose of the identification card.
| ||||||
21 | (c-5) Beginning on or before July 1, 2015, the Secretary of | ||||||
22 | State shall designate a space on each original or renewal | ||||||
23 | identification card where, at the request of the applicant, the | ||||||
24 | word "veteran" shall be placed. The veteran designation shall | ||||||
25 | be available to a person identified as a veteran under | ||||||
26 | subsection (b) of Section 5 of this Act who was discharged or |
| |||||||
| |||||||
1 | separated under honorable conditions. | ||||||
2 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
3 | discount card, to any natural person who is a resident of the | ||||||
4 | State of
Illinois who is 60 years of age or older and who | ||||||
5 | applies for such a card or
renewal thereof. The Secretary of | ||||||
6 | State shall charge no fee to issue such
card. The card shall be | ||||||
7 | issued in every county and applications shall be
made available | ||||||
8 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
9 | and Area Agencies on Aging. The applicant, upon receipt of such
| ||||||
10 | card and prior to its use for any purpose, shall have affixed | ||||||
11 | thereon in
the space provided therefor his signature or mark.
| ||||||
12 | (e) The Secretary of State, in his or her discretion, may | ||||||
13 | designate on each Illinois
Identification Card or Illinois | ||||||
14 | Person with a Disability Identification Card a space where the | ||||||
15 | card holder may place a sticker or decal, issued by the | ||||||
16 | Secretary of State, of uniform size as the Secretary may | ||||||
17 | specify, that shall indicate in appropriate language that the | ||||||
18 | card holder has renewed his or her Illinois
Identification Card | ||||||
19 | or Illinois Person with a Disability Identification Card. | ||||||
20 | (Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; | ||||||
21 | 98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff. | ||||||
22 | 7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642, | ||||||
23 | eff. 7-28-16.)
| ||||||
24 | (Text of Section after amendment by P.A. 99-907 )
| ||||||
25 | Sec. 4. Identification Card.
|
| |||||||
| |||||||
1 | (a) The Secretary of State shall issue a
standard Illinois | ||||||
2 | Identification Card to any natural person who is a resident
of | ||||||
3 | the State of Illinois who applies for such card, or renewal | ||||||
4 | thereof. No identification card shall be issued to any person | ||||||
5 | who holds a valid
foreign state
identification card, license, | ||||||
6 | or permit unless the person first surrenders to
the Secretary | ||||||
7 | of
State the valid foreign state identification card, license, | ||||||
8 | or permit. The card shall be prepared and
supplied by the | ||||||
9 | Secretary of State and shall include a photograph and signature | ||||||
10 | or mark of the
applicant. However, the Secretary of State may | ||||||
11 | provide by rule for the issuance of Illinois Identification | ||||||
12 | Cards without photographs if the applicant has a bona fide | ||||||
13 | religious objection to being photographed or to the display of | ||||||
14 | his or her photograph. The Illinois Identification Card may be | ||||||
15 | used for
identification purposes in any lawful situation only | ||||||
16 | by the person to
whom it was issued.
As used in this Act, | ||||||
17 | "photograph" means any color photograph or digitally
produced | ||||||
18 | and captured image of an applicant for an identification card. | ||||||
19 | As
used in this Act, "signature" means the name of a person as | ||||||
20 | written by that
person and captured in a manner acceptable to | ||||||
21 | the Secretary of State. | ||||||
22 | (a-5) If an applicant for an identification card has a | ||||||
23 | current driver's license or instruction permit issued by the | ||||||
24 | Secretary of State, the Secretary may require the applicant to | ||||||
25 | utilize the same residence address and name on the | ||||||
26 | identification card, driver's license, and instruction permit |
| |||||||
| |||||||
1 | records maintained by the Secretary. The Secretary may | ||||||
2 | promulgate rules to implement this provision.
| ||||||
3 | (a-10) If the applicant is a judicial officer as defined in | ||||||
4 | Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
5 | the applicant may elect to have his or her office or work | ||||||
6 | address listed on the card instead of the applicant's residence | ||||||
7 | or mailing address. The Secretary may promulgate rules to | ||||||
8 | implement this provision. For the purposes of this subsection | ||||||
9 | (a-10), "peace officer" means any person who by virtue of his | ||||||
10 | or her office or public employment is vested by law with a duty | ||||||
11 | to maintain public order or to make arrests for a violation of | ||||||
12 | any penal statute of this State, whether that duty extends to | ||||||
13 | all violations or is limited to specific violations. | ||||||
14 | (a-15) The Secretary of State may provide for an expedited | ||||||
15 | process for the issuance of an Illinois Identification Card. | ||||||
16 | The Secretary shall charge an additional fee for the expedited | ||||||
17 | issuance of an Illinois Identification Card, to be set by rule, | ||||||
18 | not to exceed $75. All fees collected by the Secretary for | ||||||
19 | expedited Illinois Identification Card service shall be | ||||||
20 | deposited into the Secretary of State Special Services Fund. | ||||||
21 | The Secretary may adopt rules regarding the eligibility, | ||||||
22 | process, and fee for an expedited Illinois Identification Card. | ||||||
23 | If the Secretary of State determines that the volume of | ||||||
24 | expedited identification card requests received on a given day | ||||||
25 | exceeds the ability of the Secretary to process those requests | ||||||
26 | in an expedited manner, the Secretary may decline to provide |
| |||||||
| |||||||
1 | expedited services, and the additional fee for the expedited | ||||||
2 | service shall be refunded to the applicant. | ||||||
3 | (a-20) The Secretary of State shall issue a standard | ||||||
4 | Illinois Identification Card to a committed person upon release | ||||||
5 | on parole, mandatory supervised release, aftercare release, | ||||||
6 | final discharge, or pardon from the Department of Corrections | ||||||
7 | or Department of Juvenile Justice, if the released person | ||||||
8 | presents a certified copy of his or her birth certificate, | ||||||
9 | social security card or other documents authorized by the | ||||||
10 | Secretary, and 2 documents proving his or her Illinois | ||||||
11 | residence address. Documents proving residence address may | ||||||
12 | include any official document of the Department of Corrections | ||||||
13 | or the Department of Juvenile Justice showing the released | ||||||
14 | person's address after release and a Secretary of State | ||||||
15 | prescribed certificate of residency form, which may be executed | ||||||
16 | by Department of Corrections or Department of Juvenile Justice | ||||||
17 | personnel. | ||||||
18 | (a-25) The Secretary of State shall issue a limited-term | ||||||
19 | Illinois Identification Card valid for 90 days to a committed | ||||||
20 | person upon release on parole, mandatory supervised release, | ||||||
21 | aftercare release, final discharge, or pardon from the | ||||||
22 | Department of Corrections or Department of Juvenile Justice, if | ||||||
23 | the released person is unable to present a certified copy of | ||||||
24 | his or her birth certificate and social security card or other | ||||||
25 | documents authorized by the Secretary, but does present a | ||||||
26 | Secretary of State prescribed verification form completed by |
| |||||||
| |||||||
1 | the Department of Corrections or Department of Juvenile | ||||||
2 | Justice, verifying the released person's date of birth and | ||||||
3 | social security number and 2 documents proving his or her | ||||||
4 | Illinois residence address. The verification form must have | ||||||
5 | been completed no more than 30 days prior to the date of | ||||||
6 | application for the Illinois Identification Card. Documents | ||||||
7 | proving residence address shall include any official document | ||||||
8 | of the Department of Corrections or the Department of Juvenile | ||||||
9 | Justice showing the person's address after release and a | ||||||
10 | Secretary of State prescribed certificate of residency, which | ||||||
11 | may be executed by Department of Corrections or Department of | ||||||
12 | Juvenile Justice personnel. | ||||||
13 | Prior to the expiration of the 90-day period of the | ||||||
14 | limited-term Illinois Identification Card, if the released | ||||||
15 | person submits to the Secretary of State a certified copy of | ||||||
16 | his or her birth certificate and his or her social security | ||||||
17 | card or other documents authorized by the Secretary, a standard | ||||||
18 | Illinois Identification Card shall be issued. A limited-term | ||||||
19 | Illinois Identification Card may not be renewed. | ||||||
20 | (b) The Secretary of State shall issue a special Illinois
| ||||||
21 | Identification Card, which shall be known as an Illinois Person | ||||||
22 | with a Disability
Identification Card, to any natural person | ||||||
23 | who is a resident of the State
of Illinois, who is a person | ||||||
24 | with a disability as defined in Section 4A of this Act,
who | ||||||
25 | applies for such card, or renewal thereof. No Illinois Person | ||||||
26 | with a Disability Identification Card shall be issued to any |
| |||||||
| |||||||
1 | person who
holds a valid
foreign state identification card, | ||||||
2 | license, or permit unless the person first
surrenders to the
| ||||||
3 | Secretary of State the valid foreign state identification card, | ||||||
4 | license, or
permit. The Secretary of State
shall charge no fee | ||||||
5 | to issue such card. The card shall be prepared and
supplied by | ||||||
6 | the Secretary of State, and shall include a photograph and | ||||||
7 | signature or mark of the
applicant, a designation indicating | ||||||
8 | that the card is an Illinois
Person with a Disability | ||||||
9 | Identification Card, and shall include a comprehensible | ||||||
10 | designation
of the type and classification of the applicant's | ||||||
11 | disability as set out in
Section 4A of this Act. However, the | ||||||
12 | Secretary of State may provide by rule for the issuance of | ||||||
13 | Illinois Person with a Disability Identification Cards without | ||||||
14 | photographs if the applicant has a bona fide religious | ||||||
15 | objection to being photographed or to the display of his or her | ||||||
16 | photograph. If the applicant so requests, the card shall
| ||||||
17 | include a description of the applicant's disability and any | ||||||
18 | information
about the applicant's disability or medical | ||||||
19 | history which the Secretary
determines would be helpful to the | ||||||
20 | applicant in securing emergency medical
care. If a mark is used | ||||||
21 | in lieu of a signature, such mark
shall be affixed to the card | ||||||
22 | in the presence of two witnesses who attest to
the authenticity | ||||||
23 | of the mark. The Illinois
Person with a Disability | ||||||
24 | Identification Card may be used for identification purposes
in | ||||||
25 | any lawful situation by the person to whom it was issued.
| ||||||
26 | The Illinois Person with a Disability Identification Card |
| |||||||
| |||||||
1 | may be used as adequate
documentation of disability in lieu of | ||||||
2 | a physician's determination of
disability, a determination of | ||||||
3 | disability from a physician assistant, a determination of | ||||||
4 | disability from an advanced practice registered
nurse, or any
| ||||||
5 | other documentation
of disability whenever
any
State law
| ||||||
6 | requires that a person with a disability provide such | ||||||
7 | documentation of disability,
however an Illinois Person with a | ||||||
8 | Disability Identification Card shall not qualify
the | ||||||
9 | cardholder to participate in any program or to receive any | ||||||
10 | benefit
which is not available to all persons with like | ||||||
11 | disabilities.
Notwithstanding any other provisions of law, an | ||||||
12 | Illinois Person with a Disability
Identification Card, or | ||||||
13 | evidence that the Secretary of State has issued an
Illinois | ||||||
14 | Person with a Disability Identification Card, shall not be used | ||||||
15 | by any
person other than the person named on such card to prove | ||||||
16 | that the person
named on such card is a person with a | ||||||
17 | disability or for any other purpose unless the
card is used for | ||||||
18 | the benefit of the person named on such card, and the
person | ||||||
19 | named on such card consents to such use at the time the card is | ||||||
20 | so used.
| ||||||
21 | An optometrist's determination of a visual disability | ||||||
22 | under Section 4A of this Act is acceptable as documentation for | ||||||
23 | the purpose of issuing an Illinois Person with a Disability | ||||||
24 | Identification Card. | ||||||
25 | When medical information is contained on an Illinois Person | ||||||
26 | with a Disability
Identification Card, the Office of the |
| |||||||
| |||||||
1 | Secretary of State shall not be
liable for any actions taken | ||||||
2 | based upon that medical information.
| ||||||
3 | (c) The Secretary of State shall provide
that each original | ||||||
4 | or renewal Illinois Identification Card or Illinois
Person with | ||||||
5 | a Disability Identification Card issued to a person under the | ||||||
6 | age of 21
shall be of a distinct nature from those Illinois | ||||||
7 | Identification Cards or
Illinois Person with a Disability | ||||||
8 | Identification Cards issued to individuals 21
years of age or | ||||||
9 | older. The color designated for Illinois Identification
Cards | ||||||
10 | or Illinois Person with a Disability Identification Cards for | ||||||
11 | persons under
the age of 21 shall be at the discretion of the | ||||||
12 | Secretary of State.
| ||||||
13 | (c-1) Each original or renewal Illinois
Identification | ||||||
14 | Card or Illinois Person with a Disability Identification Card | ||||||
15 | issued to
a person under the age of 21 shall display the date | ||||||
16 | upon which the person
becomes 18 years of age and the date upon | ||||||
17 | which the person becomes 21 years of
age.
| ||||||
18 | (c-3) The General Assembly recognizes the need to identify | ||||||
19 | military veterans living in this State for the purpose of | ||||||
20 | ensuring that they receive all of the services and benefits to | ||||||
21 | which they are legally entitled, including healthcare, | ||||||
22 | education assistance, and job placement. To assist the State in | ||||||
23 | identifying these veterans and delivering these vital services | ||||||
24 | and benefits, the Secretary of State is authorized to issue | ||||||
25 | Illinois Identification Cards and Illinois Person with a | ||||||
26 | Disability Identification Cards with the word "veteran" |
| |||||||
| |||||||
1 | appearing on the face of the cards. This authorization is | ||||||
2 | predicated on the unique status of veterans. The Secretary may | ||||||
3 | not issue any other identification card which identifies an | ||||||
4 | occupation, status, affiliation, hobby, or other unique | ||||||
5 | characteristics of the identification card holder which is | ||||||
6 | unrelated to the purpose of the identification card.
| ||||||
7 | (c-5) Beginning on or before July 1, 2015, the Secretary of | ||||||
8 | State shall designate a space on each original or renewal | ||||||
9 | identification card where, at the request of the applicant, the | ||||||
10 | word "veteran" shall be placed. The veteran designation shall | ||||||
11 | be available to a person identified as a veteran under | ||||||
12 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
13 | separated under honorable conditions. | ||||||
14 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
15 | discount card, to any natural person who is a resident of the | ||||||
16 | State of
Illinois who is 60 years of age or older and who | ||||||
17 | applies for such a card or
renewal thereof. The Secretary of | ||||||
18 | State shall charge no fee to issue such
card. The card shall be | ||||||
19 | issued in every county and applications shall be
made available | ||||||
20 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
21 | and Area Agencies on Aging. The applicant, upon receipt of such
| ||||||
22 | card and prior to its use for any purpose, shall have affixed | ||||||
23 | thereon in
the space provided therefor his signature or mark.
| ||||||
24 | (e) The Secretary of State, in his or her discretion, may | ||||||
25 | designate on each Illinois
Identification Card or Illinois | ||||||
26 | Person with a Disability Identification Card a space where the |
| |||||||
| |||||||
1 | card holder may place a sticker or decal, issued by the | ||||||
2 | Secretary of State, of uniform size as the Secretary may | ||||||
3 | specify, that shall indicate in appropriate language that the | ||||||
4 | card holder has renewed his or her Illinois
Identification Card | ||||||
5 | or Illinois Person with a Disability Identification Card. | ||||||
6 | (Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; | ||||||
7 | 98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff. | ||||||
8 | 7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642, | ||||||
9 | eff. 7-28-16; 99-907, eff. 7-1-17.)
| ||||||
10 | Section 25. The Alcoholism and Other Drug Abuse and | ||||||
11 | Dependency Act is amended by changing Section 5-23 as follows: | ||||||
12 | (20 ILCS 301/5-23) | ||||||
13 | Sec. 5-23. Drug Overdose Prevention Program. | ||||||
14 | (a) Reports of drug overdose. | ||||||
15 | (1) The Director of the Division of Alcoholism and | ||||||
16 | Substance Abuse shall publish annually a report on drug | ||||||
17 | overdose trends statewide that reviews State death rates | ||||||
18 | from available data to ascertain changes in the causes or | ||||||
19 | rates of fatal and nonfatal drug overdose. The report shall | ||||||
20 | also provide information on interventions that would be | ||||||
21 | effective in reducing the rate of fatal or nonfatal drug | ||||||
22 | overdose and shall include an analysis of drug overdose | ||||||
23 | information reported to the Department of Public Health | ||||||
24 | pursuant to subsection (e) of Section 3-3013 of the |
| |||||||
| |||||||
1 | Counties Code, Section 6.14g of the Hospital Licensing Act, | ||||||
2 | and subsection (j) of Section 22-30 of the School Code. | ||||||
3 | (2) The report may include: | ||||||
4 | (A) Trends in drug overdose death rates. | ||||||
5 | (B) Trends in emergency room utilization related | ||||||
6 | to drug overdose and the cost impact of emergency room | ||||||
7 | utilization. | ||||||
8 | (C) Trends in utilization of pre-hospital and | ||||||
9 | emergency services and the cost impact of emergency | ||||||
10 | services utilization. | ||||||
11 | (D) Suggested improvements in data collection. | ||||||
12 | (E) A description of other interventions effective | ||||||
13 | in reducing the rate of fatal or nonfatal drug | ||||||
14 | overdose. | ||||||
15 | (F) A description of efforts undertaken to educate | ||||||
16 | the public about unused medication and about how to | ||||||
17 | properly dispose of unused medication, including the | ||||||
18 | number of registered collection receptacles in this | ||||||
19 | State, mail-back programs, and drug take-back events. | ||||||
20 | (b) Programs; drug overdose prevention. | ||||||
21 | (1) The Director may establish a program to provide for | ||||||
22 | the production and publication, in electronic and other | ||||||
23 | formats, of drug overdose prevention, recognition, and | ||||||
24 | response literature. The Director may develop and | ||||||
25 | disseminate curricula for use by professionals, | ||||||
26 | organizations, individuals, or committees interested in |
| |||||||
| |||||||
1 | the prevention of fatal and nonfatal drug overdose, | ||||||
2 | including, but not limited to, drug users, jail and prison | ||||||
3 | personnel, jail and prison inmates, drug treatment | ||||||
4 | professionals, emergency medical personnel, hospital | ||||||
5 | staff, families and associates of drug users, peace | ||||||
6 | officers, firefighters, public safety officers, needle | ||||||
7 | exchange program staff, and other persons. In addition to | ||||||
8 | information regarding drug overdose prevention, | ||||||
9 | recognition, and response, literature produced by the | ||||||
10 | Department shall stress that drug use remains illegal and | ||||||
11 | highly dangerous and that complete abstinence from illegal | ||||||
12 | drug use is the healthiest choice. The literature shall | ||||||
13 | provide information and resources for substance abuse | ||||||
14 | treatment. | ||||||
15 | The Director may establish or authorize programs for | ||||||
16 | prescribing, dispensing, or distributing opioid | ||||||
17 | antagonists for the treatment of drug overdose. Such | ||||||
18 | programs may include the prescribing of opioid antagonists | ||||||
19 | for the treatment of drug overdose to a person who is not | ||||||
20 | at risk of opioid overdose but who, in the judgment of the | ||||||
21 | health care professional, may be in a position to assist | ||||||
22 | another individual during an opioid-related drug overdose | ||||||
23 | and who has received basic instruction on how to administer | ||||||
24 | an opioid antagonist. | ||||||
25 | (2) The Director may provide advice to State and local | ||||||
26 | officials on the growing drug overdose crisis, including |
| |||||||
| |||||||
1 | the prevalence of drug overdose incidents, programs | ||||||
2 | promoting the disposal of unused prescription drugs, | ||||||
3 | trends in drug overdose incidents, and solutions to the | ||||||
4 | drug overdose crisis. | ||||||
5 | (c) Grants. | ||||||
6 | (1) The Director may award grants, in accordance with | ||||||
7 | this subsection, to create or support local drug overdose | ||||||
8 | prevention, recognition, and response projects. Local | ||||||
9 | health departments, correctional institutions, hospitals, | ||||||
10 | universities, community-based organizations, and | ||||||
11 | faith-based organizations may apply to the Department for a | ||||||
12 | grant under this subsection at the time and in the manner | ||||||
13 | the Director prescribes. | ||||||
14 | (2) In awarding grants, the Director shall consider the | ||||||
15 | necessity for overdose prevention projects in various | ||||||
16 | settings and shall encourage all grant applicants to | ||||||
17 | develop interventions that will be effective and viable in | ||||||
18 | their local areas. | ||||||
19 | (3) The Director shall give preference for grants to | ||||||
20 | proposals that, in addition to providing life-saving | ||||||
21 | interventions and responses, provide information to drug | ||||||
22 | users on how to access drug treatment or other strategies | ||||||
23 | for abstaining from illegal drugs. The Director shall give | ||||||
24 | preference to proposals that include one or more of the | ||||||
25 | following elements: | ||||||
26 | (A) Policies and projects to encourage persons, |
| |||||||
| |||||||
1 | including drug users, to call 911 when they witness a | ||||||
2 | potentially fatal drug overdose. | ||||||
3 | (B) Drug overdose prevention, recognition, and | ||||||
4 | response education projects in drug treatment centers, | ||||||
5 | outreach programs, and other organizations that work | ||||||
6 | with, or have access to, drug users and their families | ||||||
7 | and communities. | ||||||
8 | (C) Drug overdose recognition and response | ||||||
9 | training, including rescue breathing, in drug | ||||||
10 | treatment centers and for other organizations that | ||||||
11 | work with, or have access to, drug users and their | ||||||
12 | families and communities. | ||||||
13 | (D) The production and distribution of targeted or | ||||||
14 | mass media materials on drug overdose prevention and | ||||||
15 | response, the potential dangers of keeping unused | ||||||
16 | prescription drugs in the home, and methods to properly | ||||||
17 | dispose of unused prescription drugs. | ||||||
18 | (E) Prescription and distribution of opioid | ||||||
19 | antagonists. | ||||||
20 | (F) The institution of education and training | ||||||
21 | projects on drug overdose response and treatment for | ||||||
22 | emergency services and law enforcement personnel. | ||||||
23 | (G) A system of parent, family, and survivor | ||||||
24 | education and mutual support groups. | ||||||
25 | (4) In addition to moneys appropriated by the General | ||||||
26 | Assembly, the Director may seek grants from private |
| |||||||
| |||||||
1 | foundations, the federal government, and other sources to | ||||||
2 | fund the grants under this Section and to fund an | ||||||
3 | evaluation of the programs supported by the grants. | ||||||
4 | (d) Health care professional prescription of opioid | ||||||
5 | antagonists. | ||||||
6 | (1) A health care professional who, acting in good | ||||||
7 | faith, directly or by standing order, prescribes or | ||||||
8 | dispenses an opioid antagonist to: (a) a patient who, in | ||||||
9 | the judgment of the health care professional, is capable of | ||||||
10 | administering the drug in an emergency, or (b) a person who | ||||||
11 | is not at risk of opioid overdose but who, in the judgment | ||||||
12 | of the health care professional, may be in a position to | ||||||
13 | assist another individual during an opioid-related drug | ||||||
14 | overdose and who has received basic instruction on how to | ||||||
15 | administer an opioid antagonist shall not, as a result of | ||||||
16 | his or her acts or omissions, be subject to: (i) any | ||||||
17 | disciplinary or other adverse action under the Medical | ||||||
18 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
19 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
20 | or any other professional licensing statute or (ii) any | ||||||
21 | criminal liability, except for willful and wanton | ||||||
22 | misconduct. | ||||||
23 | (2) A person who is not otherwise licensed to | ||||||
24 | administer an opioid antagonist may in an emergency | ||||||
25 | administer without fee an opioid antagonist if the person | ||||||
26 | has received the patient information specified in |
| |||||||
| |||||||
1 | paragraph (4) of this subsection and believes in good faith | ||||||
2 | that another person is experiencing a drug overdose. The | ||||||
3 | person shall not, as a result of his or her acts or | ||||||
4 | omissions, be (i) liable for any violation of the Medical | ||||||
5 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
6 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
7 | or any other professional licensing statute, or (ii) | ||||||
8 | subject to any criminal prosecution or civil liability, | ||||||
9 | except for willful and wanton misconduct. | ||||||
10 | (3) A health care professional prescribing an opioid | ||||||
11 | antagonist to a patient shall ensure that the patient | ||||||
12 | receives the patient information specified in paragraph | ||||||
13 | (4) of this subsection. Patient information may be provided | ||||||
14 | by the health care professional or a community-based | ||||||
15 | organization, substance abuse program, or other | ||||||
16 | organization with which the health care professional | ||||||
17 | establishes a written agreement that includes a | ||||||
18 | description of how the organization will provide patient | ||||||
19 | information, how employees or volunteers providing | ||||||
20 | information will be trained, and standards for documenting | ||||||
21 | the provision of patient information to patients. | ||||||
22 | Provision of patient information shall be documented in the | ||||||
23 | patient's medical record or through similar means as | ||||||
24 | determined by agreement between the health care | ||||||
25 | professional and the organization. The Director of the | ||||||
26 | Division of Alcoholism and Substance Abuse, in |
| |||||||
| |||||||
1 | consultation with statewide organizations representing | ||||||
2 | physicians, pharmacists, advanced practice registered | ||||||
3 | nurses, physician assistants, substance abuse programs, | ||||||
4 | and other interested groups, shall develop and disseminate | ||||||
5 | to health care professionals, community-based | ||||||
6 | organizations, substance abuse programs, and other | ||||||
7 | organizations training materials in video, electronic, or | ||||||
8 | other formats to facilitate the provision of such patient | ||||||
9 | information. | ||||||
10 | (4) For the purposes of this subsection: | ||||||
11 | "Opioid antagonist" means a drug that binds to opioid | ||||||
12 | receptors and blocks or inhibits the effect of opioids | ||||||
13 | acting on those receptors, including, but not limited to, | ||||||
14 | naloxone hydrochloride or any other similarly acting drug | ||||||
15 | approved by the U.S. Food and Drug Administration. | ||||||
16 | "Health care professional" means a physician licensed | ||||||
17 | to practice medicine in all its branches, a licensed | ||||||
18 | physician assistant with prescriptive authority , a | ||||||
19 | licensed advanced practice registered nurse with | ||||||
20 | prescriptive authority , an advanced practice registered | ||||||
21 | nurse or physician assistant who practices in a hospital, | ||||||
22 | hospital affiliate, or ambulatory surgical treatment | ||||||
23 | center and possesses appropriate clinical privileges in | ||||||
24 | accordance with the Nurse Practice Act, or a pharmacist | ||||||
25 | licensed to practice pharmacy under the Pharmacy Practice | ||||||
26 | Act. |
| |||||||
| |||||||
1 | "Patient" includes a person who is not at risk of | ||||||
2 | opioid overdose but who, in the judgment of the physician, | ||||||
3 | advanced practice registered nurse, or physician | ||||||
4 | assistant, may be in a position to assist another | ||||||
5 | individual during an overdose and who has received patient | ||||||
6 | information as required in paragraph (2) of this subsection | ||||||
7 | on the indications for and administration of an opioid | ||||||
8 | antagonist. | ||||||
9 | "Patient information" includes information provided to | ||||||
10 | the patient on drug overdose prevention and recognition; | ||||||
11 | how to perform rescue breathing and resuscitation; opioid | ||||||
12 | antagonist dosage and administration; the importance of | ||||||
13 | calling 911; care for the overdose victim after | ||||||
14 | administration of the overdose antagonist; and other | ||||||
15 | issues as necessary.
| ||||||
16 | (e) Drug overdose response policy. | ||||||
17 | (1) Every State and local government agency that | ||||||
18 | employs a law enforcement officer or fireman as those terms | ||||||
19 | are defined in the Line of Duty Compensation Act must | ||||||
20 | possess opioid antagonists and must establish a policy to | ||||||
21 | control the acquisition, storage, transportation, and | ||||||
22 | administration of such opioid antagonists and to provide | ||||||
23 | training in the administration of opioid antagonists. A | ||||||
24 | State or local government agency that employs a fireman as | ||||||
25 | defined in the Line of Duty Compensation Act but does not | ||||||
26 | respond to emergency medical calls or provide medical |
| |||||||
| |||||||
1 | services shall be exempt from this subsection. | ||||||
2 | (2) Every publicly or privately owned ambulance, | ||||||
3 | special emergency medical services vehicle, non-transport | ||||||
4 | vehicle, or ambulance assist vehicle, as described in the | ||||||
5 | Emergency Medical Services (EMS) Systems Act, which | ||||||
6 | responds to requests for emergency services or transports | ||||||
7 | patients between hospitals in emergency situations must | ||||||
8 | possess opioid antagonists. | ||||||
9 | (3) Entities that are required under paragraphs (1) and | ||||||
10 | (2) to possess opioid antagonists may also apply to the | ||||||
11 | Department for a grant to fund the acquisition of opioid | ||||||
12 | antagonists and training programs on the administration of | ||||||
13 | opioid antagonists. | ||||||
14 | (Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; | ||||||
15 | 99-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.) | ||||||
16 | Section 30. The Department of Central Management Services | ||||||
17 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
18 | changing Section 405-105 as follows:
| ||||||
19 | (20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
| ||||||
20 | Sec. 405-105. Fidelity, surety, property, and casualty | ||||||
21 | insurance. The Department
shall establish and implement a | ||||||
22 | program to coordinate
the handling of all fidelity, surety, | ||||||
23 | property, and casualty insurance
exposures of the State and the | ||||||
24 | departments, divisions, agencies,
branches,
and universities |
| |||||||
| |||||||
1 | of the State. In performing this responsibility, the
Department | ||||||
2 | shall have the power and duty to do the following:
| ||||||
3 | (1) Develop and maintain loss and exposure data on all | ||||||
4 | State
property.
| ||||||
5 | (2) Study the feasibility of establishing a | ||||||
6 | self-insurance plan
for
State property and prepare | ||||||
7 | estimates of the costs of reinsurance for
risks beyond the | ||||||
8 | realistic limits of the self-insurance.
| ||||||
9 | (3) Prepare a plan for centralizing the purchase of | ||||||
10 | property and
casualty insurance on State property under a | ||||||
11 | master policy or policies
and purchase the insurance | ||||||
12 | contracted for as provided in the
Illinois Purchasing Act.
| ||||||
13 | (4) Evaluate existing provisions for fidelity bonds | ||||||
14 | required of
State employees and recommend changes that are | ||||||
15 | appropriate
commensurate with risk experience and the | ||||||
16 | determinations respecting
self-insurance or reinsurance so | ||||||
17 | as to permit reduction of costs without
loss of coverage.
| ||||||
18 | (5) Investigate procedures for inclusion of school | ||||||
19 | districts,
public community
college districts, and other | ||||||
20 | units of local government in programs for
the centralized | ||||||
21 | purchase of insurance.
| ||||||
22 | (6) Implement recommendations of the State Property
| ||||||
23 | Insurance
Study Commission that the Department finds | ||||||
24 | necessary or desirable in
the
performance of its powers and | ||||||
25 | duties under this Section to achieve
efficient and | ||||||
26 | comprehensive risk management.
|
| |||||||
| |||||||
1 | (7) Prepare and, in the discretion of the Director, | ||||||
2 | implement a plan providing for the purchase of public
| ||||||
3 | liability insurance or for self-insurance for public | ||||||
4 | liability or for a
combination of purchased insurance and | ||||||
5 | self-insurance for public
liability (i) covering the State | ||||||
6 | and drivers of motor vehicles
owned,
leased, or controlled | ||||||
7 | by the State of Illinois pursuant to the provisions
and | ||||||
8 | limitations contained in the Illinois Vehicle Code, (ii)
| ||||||
9 | covering
other public liability exposures of the State and | ||||||
10 | its employees within
the scope of their employment, and | ||||||
11 | (iii) covering drivers of motor
vehicles not owned, leased, | ||||||
12 | or controlled by the State but used by a
State employee on | ||||||
13 | State business, in excess of liability covered by an
| ||||||
14 | insurance policy obtained by the owner of the motor vehicle | ||||||
15 | or in
excess of the dollar amounts that the Department | ||||||
16 | shall
determine to be
reasonable. Any contract of insurance | ||||||
17 | let under this Law shall be
by
bid in accordance with the | ||||||
18 | procedure set forth in the Illinois
Purchasing Act. Any | ||||||
19 | provisions for self-insurance shall conform to
subdivision | ||||||
20 | (11).
| ||||||
21 | The term "employee" as used in this subdivision (7) and | ||||||
22 | in subdivision
(11)
means a person while in the employ of | ||||||
23 | the State who is a member of the
staff or personnel of a | ||||||
24 | State agency, bureau, board, commission,
committee, | ||||||
25 | department, university, or college or who is a State | ||||||
26 | officer,
elected official, commissioner, member of or ex |
| |||||||
| |||||||
1 | officio member of a
State agency, bureau, board, | ||||||
2 | commission, committee, department,
university, or college, | ||||||
3 | or a member of the National Guard while on active
duty | ||||||
4 | pursuant to orders of the Governor of the State of | ||||||
5 | Illinois, or any
other person while using a licensed motor | ||||||
6 | vehicle owned, leased, or
controlled by the State of | ||||||
7 | Illinois with the authorization of the State
of Illinois, | ||||||
8 | provided the actual use of the motor vehicle is
within the | ||||||
9 | scope of that
authorization and within the course of State | ||||||
10 | service.
| ||||||
11 | Subsequent to payment of a claim on behalf of an | ||||||
12 | employee pursuant to this
Section and after reasonable | ||||||
13 | advance written notice to the employee, the
Director may | ||||||
14 | exclude the employee from future coverage or limit the
| ||||||
15 | coverage under the plan if (i) the Director determines that | ||||||
16 | the
claim
resulted from an incident in which the employee | ||||||
17 | was grossly negligent or
had engaged in willful and wanton | ||||||
18 | misconduct or (ii) the
Director
determines that the | ||||||
19 | employee is no longer an acceptable risk based on a
review | ||||||
20 | of prior accidents in which the employee was at fault and | ||||||
21 | for which
payments were made pursuant to this Section.
| ||||||
22 | The Director is authorized to
promulgate | ||||||
23 | administrative rules that may be necessary to
establish and
| ||||||
24 | administer the plan.
| ||||||
25 | Appropriations from the Road Fund shall be used to pay | ||||||
26 | auto liability claims
and related expenses involving |
| |||||||
| |||||||
1 | employees of the Department of Transportation,
the | ||||||
2 | Illinois State Police, and the Secretary of State.
| ||||||
3 | (8) Charge, collect, and receive from all other | ||||||
4 | agencies of
the State
government fees or monies equivalent | ||||||
5 | to the cost of purchasing the insurance.
| ||||||
6 | (9) Establish, through the Director, charges for risk
| ||||||
7 | management
services
rendered to State agencies by the | ||||||
8 | Department.
The State agencies so charged shall reimburse | ||||||
9 | the Department by vouchers drawn
against their respective
| ||||||
10 | appropriations. The reimbursement shall be determined by | ||||||
11 | the Director as
amounts sufficient to reimburse the | ||||||
12 | Department
for expenditures incurred in rendering the | ||||||
13 | service.
| ||||||
14 | The Department shall charge the
employing State agency | ||||||
15 | or university for workers' compensation payments for
| ||||||
16 | temporary total disability paid to any employee after the | ||||||
17 | employee has
received temporary total disability payments | ||||||
18 | for 120 days if the employee's
treating physician, advanced | ||||||
19 | practice registered nurse, or physician assistant has | ||||||
20 | issued a release to return to work with restrictions
and | ||||||
21 | the employee is able to perform modified duty work but the | ||||||
22 | employing
State agency or
university does not return the | ||||||
23 | employee to work at modified duty. Modified
duty shall be | ||||||
24 | duties assigned that may or may not be delineated
as part | ||||||
25 | of the duties regularly performed by the employee. Modified | ||||||
26 | duties
shall be assigned within the prescribed |
| |||||||
| |||||||
1 | restrictions established by the
treating physician and the | ||||||
2 | physician who performed the independent medical
| ||||||
3 | examination. The amount of all reimbursements
shall be | ||||||
4 | deposited into the Workers' Compensation Revolving Fund | ||||||
5 | which is
hereby created as a revolving fund in the State | ||||||
6 | treasury. In addition to any other purpose authorized by | ||||||
7 | law, moneys in the Fund
shall be used, subject to | ||||||
8 | appropriation, to pay these or other temporary
total | ||||||
9 | disability claims of employees of State agencies and | ||||||
10 | universities.
| ||||||
11 | Beginning with fiscal year 1996, all amounts recovered | ||||||
12 | by the
Department through subrogation in workers' | ||||||
13 | compensation and workers'
occupational disease cases shall | ||||||
14 | be
deposited into the Workers' Compensation Revolving Fund | ||||||
15 | created under
this subdivision (9).
| ||||||
16 | (10) Establish rules, procedures, and forms to be used | ||||||
17 | by
State agencies
in the administration and payment of | ||||||
18 | workers' compensation claims. For claims filed prior to | ||||||
19 | July 1, 2013, the
Department shall initially evaluate and | ||||||
20 | determine the compensability of
any injury that is
the | ||||||
21 | subject of a workers' compensation claim and provide for | ||||||
22 | the
administration and payment of such a claim for all | ||||||
23 | State agencies. For claims filed on or after July 1, 2013, | ||||||
24 | the Department shall retain responsibility for certain | ||||||
25 | administrative payments including, but not limited to, | ||||||
26 | payments to the private vendor contracted to perform |
| |||||||
| |||||||
1 | services under subdivision (10b) of this Section, payments | ||||||
2 | related to travel expenses for employees of the Office of | ||||||
3 | the Attorney General, and payments to internal Department | ||||||
4 | staff responsible for the oversight and management of any | ||||||
5 | contract awarded pursuant to subdivision (10b) of this | ||||||
6 | Section. Through December 31, 2012, the
Director may | ||||||
7 | delegate to any agency with the agreement of the agency | ||||||
8 | head
the responsibility for evaluation, administration, | ||||||
9 | and payment of that
agency's claims. Neither the Department | ||||||
10 | nor the private vendor contracted to perform services under | ||||||
11 | subdivision (10b) of this Section shall be responsible for | ||||||
12 | providing workers' compensation services to the Illinois | ||||||
13 | State Toll Highway Authority or to State universities that | ||||||
14 | maintain self-funded workers' compensation liability | ||||||
15 | programs.
| ||||||
16 | (10a) By April 1 of each year prior to calendar year | ||||||
17 | 2013, the Director must report and provide information to | ||||||
18 | the State Workers' Compensation Program Advisory Board | ||||||
19 | concerning the status of the State workers' compensation | ||||||
20 | program for the next fiscal year. Information that the | ||||||
21 | Director must provide to the State Workers' Compensation | ||||||
22 | Program Advisory Board includes, but is not limited to, | ||||||
23 | documents, reports of negotiations, bid invitations, | ||||||
24 | requests for proposals, specifications, copies of proposed | ||||||
25 | and final contracts or agreements, and any other materials | ||||||
26 | concerning contracts or agreements for the program. By the |
| |||||||
| |||||||
1 | first of each month prior to calendar year 2013, the | ||||||
2 | Director must provide updated, and any new, information to | ||||||
3 | the State Workers' Compensation Program Advisory Board | ||||||
4 | until the State workers' compensation program for the next | ||||||
5 | fiscal year is determined. | ||||||
6 | (10b) No later than January 1, 2013, the chief | ||||||
7 | procurement officer appointed under paragraph (4) of | ||||||
8 | subsection (a) of Section 10-20 of the Illinois Procurement | ||||||
9 | Code (hereinafter "chief procurement officer"), in | ||||||
10 | consultation with the Department of Central Management | ||||||
11 | Services, shall procure one or more private vendors to | ||||||
12 | administer the program providing payments for workers' | ||||||
13 | compensation liability with respect to the employees of all | ||||||
14 | State agencies. The chief procurement officer may procure a | ||||||
15 | single contract applicable to all State agencies or | ||||||
16 | multiple contracts applicable to one or more State | ||||||
17 | agencies. If the chief procurement officer procures a | ||||||
18 | single contract applicable to all State agencies, then the | ||||||
19 | Department of Central Management Services shall be | ||||||
20 | designated as the agency that enters into the contract and | ||||||
21 | shall be responsible for the contract. If the chief | ||||||
22 | procurement officer procures multiple contracts applicable | ||||||
23 | to one or more State agencies, each agency to which the | ||||||
24 | contract applies shall be designated as the agency that | ||||||
25 | shall enter into the contract and shall be responsible for | ||||||
26 | the contract. If the chief procurement officer procures |
| |||||||
| |||||||
1 | contracts applicable to an individual State agency, the | ||||||
2 | agency subject to the contract shall be designated as the | ||||||
3 | agency responsible for the contract. | ||||||
4 | (10c) The procurement of private vendors for the | ||||||
5 | administration of the workers' compensation program for | ||||||
6 | State employees is subject to the provisions of the | ||||||
7 | Illinois Procurement Code and administration by the chief | ||||||
8 | procurement officer. | ||||||
9 | (10d) Contracts for the procurement of private vendors | ||||||
10 | for the administration of the workers' compensation | ||||||
11 | program for State employees shall be based upon, but | ||||||
12 | limited to, the following criteria: (i) administrative | ||||||
13 | cost, (ii) service capabilities of the vendor, and (iii) | ||||||
14 | the compensation (including premiums, fees, or other | ||||||
15 | charges). A vendor for the administration of the workers' | ||||||
16 | compensation program for State employees shall provide | ||||||
17 | services, including, but not limited to: | ||||||
18 | (A) providing a web-based case management system | ||||||
19 | and provide access to the Office of the Attorney | ||||||
20 | General; | ||||||
21 | (B) ensuring claims adjusters are available to | ||||||
22 | provide testimony or information as requested by the | ||||||
23 | Office of the Attorney General; | ||||||
24 | (C) establishing a preferred provider program for | ||||||
25 | all State agencies and facilities; and | ||||||
26 | (D) authorizing the payment of medical bills at the |
| |||||||
| |||||||
1 | preferred provider discount rate. | ||||||
2 | (10e) By September 15, 2012, the Department of Central | ||||||
3 | Management Services shall prepare a plan to effectuate the | ||||||
4 | transfer of responsibility and administration of the | ||||||
5 | workers' compensation program for State employees to the | ||||||
6 | selected private vendors. The Department shall submit a | ||||||
7 | copy of the plan to the General Assembly. | ||||||
8 | (11) Any plan for public liability self-insurance | ||||||
9 | implemented
under this
Section shall provide that (i) the | ||||||
10 | Department
shall attempt to settle and may settle any | ||||||
11 | public liability claim filed
against the State of Illinois | ||||||
12 | or any public liability claim filed
against a State | ||||||
13 | employee on the basis of an occurrence in the course of
the | ||||||
14 | employee's State employment; (ii) any settlement of
such a | ||||||
15 | claim is not subject to fiscal year limitations and must be
| ||||||
16 | approved by the Director and, in cases of
settlements | ||||||
17 | exceeding $100,000, by the Governor; and (iii) a
settlement | ||||||
18 | of
any public liability claim against the State or a State | ||||||
19 | employee shall
require an unqualified release of any right | ||||||
20 | of action against the State
and the employee for acts | ||||||
21 | within the scope of the employee's employment
giving rise | ||||||
22 | to the claim.
| ||||||
23 | Whenever and to the extent that a State
employee | ||||||
24 | operates a motor vehicle or engages in other activity | ||||||
25 | covered
by self-insurance under this Section, the State of | ||||||
26 | Illinois shall
defend, indemnify, and hold harmless the |
| |||||||
| |||||||
1 | employee against any claim in
tort filed against the | ||||||
2 | employee for acts or omissions within the scope
of the | ||||||
3 | employee's employment in any proper judicial forum and not
| ||||||
4 | settled pursuant
to this subdivision (11), provided that | ||||||
5 | this obligation of
the State of
Illinois shall not exceed a | ||||||
6 | maximum liability of $2,000,000 for any
single occurrence | ||||||
7 | in connection with the operation of a motor vehicle or
| ||||||
8 | $100,000 per person per occurrence for any other single | ||||||
9 | occurrence,
or $500,000 for any single occurrence in | ||||||
10 | connection with the provision of
medical care by a licensed | ||||||
11 | physician, advanced practice registered nurse, or | ||||||
12 | physician assistant employee.
| ||||||
13 | Any
claims against the State of Illinois under a | ||||||
14 | self-insurance plan that
are not settled pursuant to this | ||||||
15 | subdivision (11) shall be
heard and
determined by the Court | ||||||
16 | of Claims and may not be filed or adjudicated
in any other | ||||||
17 | forum. The Attorney General of the State of Illinois or
the | ||||||
18 | Attorney General's designee shall be the attorney with | ||||||
19 | respect
to all public liability
self-insurance claims that | ||||||
20 | are not settled pursuant to this
subdivision (11)
and | ||||||
21 | therefore result in litigation. The payment of any award of | ||||||
22 | the
Court of Claims entered against the State relating to | ||||||
23 | any public
liability self-insurance claim shall act as a | ||||||
24 | release against any State
employee involved in the | ||||||
25 | occurrence.
| ||||||
26 | (12) Administer a plan the purpose of which is to make |
| |||||||
| |||||||
1 | payments
on final
settlements or final judgments in | ||||||
2 | accordance with the State Employee
Indemnification Act. | ||||||
3 | The plan shall be funded through appropriations from the
| ||||||
4 | General Revenue Fund specifically designated for that | ||||||
5 | purpose, except that
indemnification expenses for | ||||||
6 | employees of the Department of Transportation,
the | ||||||
7 | Illinois State Police, and the Secretary of State
shall be | ||||||
8 | paid
from the Road
Fund. The term "employee" as used in | ||||||
9 | this subdivision (12) has the same
meaning as under | ||||||
10 | subsection (b) of Section 1 of the State Employee
| ||||||
11 | Indemnification Act. Subject to sufficient appropriation, | ||||||
12 | the Director shall approve payment of any claim, without | ||||||
13 | regard to fiscal year limitations, presented to
the | ||||||
14 | Director
that is supported by a final settlement or final | ||||||
15 | judgment when the Attorney
General and the chief officer of | ||||||
16 | the public body against whose employee the
claim or cause | ||||||
17 | of action is asserted certify to the Director that
the | ||||||
18 | claim is in
accordance with the State Employee | ||||||
19 | Indemnification Act and that they
approve
of the payment. | ||||||
20 | In no event shall an amount in excess of $150,000 be paid | ||||||
21 | from
this plan to or for the benefit of any claimant.
| ||||||
22 | (13) Administer a plan the purpose of which is to make | ||||||
23 | payments
on final
settlements or final judgments for | ||||||
24 | employee wage claims in situations where
there was an | ||||||
25 | appropriation relevant to the wage claim, the fiscal year
| ||||||
26 | and lapse period have expired, and sufficient funds were |
| |||||||
| |||||||
1 | available
to
pay the claim. The plan shall be funded | ||||||
2 | through
appropriations from the General Revenue Fund | ||||||
3 | specifically designated for
that purpose.
| ||||||
4 | Subject to sufficient appropriation, the Director is | ||||||
5 | authorized to pay any wage claim presented to the
Director
| ||||||
6 | that is supported by a final settlement or final judgment | ||||||
7 | when the chief
officer of the State agency employing the | ||||||
8 | claimant certifies to the
Director that
the claim is a | ||||||
9 | valid wage claim and that the fiscal year and lapse period
| ||||||
10 | have expired. Payment for claims that are properly | ||||||
11 | submitted and certified
as valid by the Director
shall | ||||||
12 | include interest accrued at the rate of 7% per annum from | ||||||
13 | the
forty-fifth day after the claims are received by the | ||||||
14 | Department or 45 days from the date on which the amount of | ||||||
15 | payment
is agreed upon, whichever is later, until the date | ||||||
16 | the claims are submitted
to the Comptroller for payment. | ||||||
17 | When the Attorney General has filed an
appearance in any | ||||||
18 | proceeding concerning a wage claim settlement or
judgment, | ||||||
19 | the Attorney General shall certify to the Director that the | ||||||
20 | wage claim is valid before any payment is
made. In no event | ||||||
21 | shall an amount in excess of $150,000 be paid from this
| ||||||
22 | plan to or for the benefit of any claimant.
| ||||||
23 | Nothing in Public Act 84-961 shall be construed to | ||||||
24 | affect in any manner the jurisdiction of the
Court of | ||||||
25 | Claims concerning wage claims made against the State of | ||||||
26 | Illinois.
|
| |||||||
| |||||||
1 | (14) Prepare and, in the discretion of the Director, | ||||||
2 | implement a program for
self-insurance for official
| ||||||
3 | fidelity and surety bonds for officers and employees as | ||||||
4 | authorized by the
Official Bond Act.
| ||||||
5 | (Source: P.A. 99-581, eff. 1-1-17 .)
| ||||||
6 | Section 35. The Regional Integrated Behavioral Health | ||||||
7 | Networks Act is amended by changing Section 20 as follows: | ||||||
8 | (20 ILCS 1340/20) | ||||||
9 | Sec. 20. Steering Committee and Networks. | ||||||
10 | (a) To achieve these goals, the Department of Human | ||||||
11 | Services shall convene a Regional Integrated Behavioral Health | ||||||
12 | Networks Steering Committee (hereinafter "Steering Committee") | ||||||
13 | comprised of State agencies involved in the provision, | ||||||
14 | regulation, or financing of health, mental health, substance | ||||||
15 | abuse, rehabilitation, and other services. These include, but | ||||||
16 | shall not be limited to, the following agencies: | ||||||
17 | (1) The Department of Healthcare and Family Services. | ||||||
18 | (2) The Department of Human Services and its Divisions | ||||||
19 | of Mental Illness and Alcoholism and Substance Abuse | ||||||
20 | Services. | ||||||
21 | (3) The Department of Public Health, including its | ||||||
22 | Center for Rural Health. | ||||||
23 | The Steering Committee shall include a representative from | ||||||
24 | each Network. The agencies of the Steering Committee are |
| |||||||
| |||||||
1 | directed to work collaboratively to provide consultation, | ||||||
2 | advice, and leadership to the Networks in facilitating | ||||||
3 | communication within and across multiple agencies and in | ||||||
4 | removing regulatory barriers that may prevent Networks from | ||||||
5 | accomplishing the goals. The Steering Committee collectively | ||||||
6 | or through one of its member Agencies shall also provide | ||||||
7 | technical assistance to the Networks. | ||||||
8 | (b) There also shall be convened Networks in each of the | ||||||
9 | Department of Human Services' regions comprised of | ||||||
10 | representatives of community stakeholders represented in the | ||||||
11 | Network, including when available, but not limited to, relevant | ||||||
12 | trade and professional associations representing hospitals, | ||||||
13 | community providers, public health care, hospice care, long | ||||||
14 | term care, law enforcement, emergency medical service, | ||||||
15 | physicians, advanced practice registered nurses, and physician | ||||||
16 | assistants trained in psychiatry; an organization that | ||||||
17 | advocates on behalf of federally qualified health centers, an | ||||||
18 | organization that advocates on behalf of persons suffering with | ||||||
19 | mental illness and substance abuse disorders, an organization | ||||||
20 | that advocates on behalf of persons with disabilities, an | ||||||
21 | organization that advocates on behalf of persons who live in | ||||||
22 | rural areas, an organization that advocates on behalf of | ||||||
23 | persons who live in medically underserved areas; and others | ||||||
24 | designated by the Steering Committee or the Networks. A member | ||||||
25 | from each Network may choose a representative who may serve on | ||||||
26 | the Steering Committee.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-581, eff. 1-1-17 .) | ||||||
2 | Section 40. The Mental Health and Developmental | ||||||
3 | Disabilities Administrative Act is amended by changing | ||||||
4 | Sections 5.1, 14, and 15.4 as follows:
| ||||||
5 | (20 ILCS 1705/5.1) (from Ch. 91 1/2, par. 100-5.1)
| ||||||
6 | Sec. 5.1.
The Department shall develop, by rule, the
| ||||||
7 | procedures and standards by which it shall approve medications | ||||||
8 | for
clinical use in its facilities. A list of those drugs | ||||||
9 | approved pursuant to
these procedures shall be distributed to | ||||||
10 | all Department facilities.
| ||||||
11 | Drugs not listed by the Department may not be administered | ||||||
12 | in facilities
under the jurisdiction of the Department, | ||||||
13 | provided that an unlisted drug
may be administered as part of | ||||||
14 | research with the prior written consent of
the Secretary | ||||||
15 | specifying the nature of the permitted use and
the physicians | ||||||
16 | authorized to prescribe the drug. Drugs, as used in this
| ||||||
17 | Section, mean psychotropic and narcotic drugs.
| ||||||
18 | No physician, advanced practice registered nurse, or | ||||||
19 | physician assistant in the Department shall sign a prescription | ||||||
20 | in blank, nor
permit blank prescription forms to circulate out | ||||||
21 | of his possession or
control.
| ||||||
22 | (Source: P.A. 99-581, eff. 1-1-17 .)
| ||||||
23 | (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
|
| |||||||
| |||||||
1 | Sec. 14. Chester Mental Health Center. To maintain and | ||||||
2 | operate a
facility for the care, custody, and treatment of | ||||||
3 | persons with mental
illness or habilitation of persons with | ||||||
4 | developmental disabilities hereinafter
designated, to be known | ||||||
5 | as the Chester Mental Health Center.
| ||||||
6 | Within the Chester Mental Health Center there shall be | ||||||
7 | confined the
following classes of persons, whose history, in | ||||||
8 | the opinion of the
Department, discloses dangerous or violent | ||||||
9 | tendencies and who, upon
examination under the direction of the | ||||||
10 | Department, have been found a fit
subject for confinement in | ||||||
11 | that facility:
| ||||||
12 | (a) Any male person who is charged with the commission | ||||||
13 | of a
crime but has been acquitted by reason of insanity as | ||||||
14 | provided in Section
5-2-4 of the Unified Code of | ||||||
15 | Corrections.
| ||||||
16 | (b) Any male person who is charged with the commission | ||||||
17 | of
a crime but has been found unfit under Article 104 of | ||||||
18 | the Code of Criminal
Procedure of 1963.
| ||||||
19 | (c) Any male person with mental illness or | ||||||
20 | developmental disabilities or
person in need of mental | ||||||
21 | treatment now confined under the supervision of the
| ||||||
22 | Department or hereafter
admitted to any facility thereof or | ||||||
23 | committed thereto by any court of competent
jurisdiction.
| ||||||
24 | If and when it shall appear to the facility director of the | ||||||
25 | Chester Mental
Health Center that it is necessary to confine | ||||||
26 | persons in order to maintain
security or provide for the |
| |||||||
| |||||||
1 | protection and safety of recipients and staff, the
Chester | ||||||
2 | Mental Health Center may confine all persons on a unit to their | ||||||
3 | rooms.
This period of confinement shall not exceed 10 hours in | ||||||
4 | a 24 hour period,
including the recipient's scheduled hours of | ||||||
5 | sleep, unless approved by the
Secretary of the Department. | ||||||
6 | During the period of
confinement, the
persons confined shall be | ||||||
7 | observed at least every 15 minutes. A record shall
be kept of | ||||||
8 | the observations. This confinement shall not be considered
| ||||||
9 | seclusion as defined in the Mental Health and Developmental | ||||||
10 | Disabilities
Code.
| ||||||
11 | The facility director of the Chester Mental Health Center | ||||||
12 | may authorize
the temporary use of handcuffs on a recipient for | ||||||
13 | a period not to exceed 10
minutes when necessary in the course | ||||||
14 | of transport of the recipient within the
facility to maintain | ||||||
15 | custody or security. Use of handcuffs is subject to the
| ||||||
16 | provisions of Section 2-108 of the Mental Health and | ||||||
17 | Developmental Disabilities
Code. The facility shall keep a | ||||||
18 | monthly record listing each instance in which
handcuffs are | ||||||
19 | used, circumstances indicating the need for use of handcuffs, | ||||||
20 | and
time of application of handcuffs and time of release | ||||||
21 | therefrom. The facility
director shall allow the Illinois | ||||||
22 | Guardianship and Advocacy Commission, the
agency designated by | ||||||
23 | the Governor under Section 1 of the Protection and
Advocacy for | ||||||
24 | Persons with Developmental Disabilities Act, and the | ||||||
25 | Department to
examine and copy such record upon request.
| ||||||
26 | The facility director of the Chester Mental Health Center |
| |||||||
| |||||||
1 | may authorize the temporary use of transport devices on a civil | ||||||
2 | recipient when necessary in the course of transport of the | ||||||
3 | civil recipient outside the facility to maintain custody or | ||||||
4 | security. The decision whether to use any transport devices | ||||||
5 | shall be reviewed and approved on an individualized basis by a | ||||||
6 | physician, an advanced practice registered nurse, or a | ||||||
7 | physician assistant based upon a determination of the civil | ||||||
8 | recipient's: (1) history of violence, (2) history of violence | ||||||
9 | during transports, (3) history of escapes and escape attempts, | ||||||
10 | (4) history of trauma, (5) history of incidents of restraint or | ||||||
11 | seclusion and use of involuntary medication, (6) current | ||||||
12 | functioning level and medical status, and (7) prior experience | ||||||
13 | during similar transports, and the length, duration, and | ||||||
14 | purpose of the transport. The least restrictive transport | ||||||
15 | device consistent with the individual's need shall be used. | ||||||
16 | Staff transporting the individual shall be trained in the use | ||||||
17 | of the transport devices, recognizing and responding to a | ||||||
18 | person in distress, and shall observe and monitor the | ||||||
19 | individual while being transported. The facility shall keep a | ||||||
20 | monthly record listing all transports, including those | ||||||
21 | transports for which use of transport devices was not sought, | ||||||
22 | those for which use of transport devices was sought but denied, | ||||||
23 | and each instance in which transport devices are used, | ||||||
24 | circumstances indicating the need for use of transport devices, | ||||||
25 | time of application of transport devices, time of release from | ||||||
26 | those devices, and any adverse events. The facility director |
| |||||||
| |||||||
1 | shall allow the Illinois Guardianship and Advocacy Commission, | ||||||
2 | the agency designated by the Governor under Section 1 of the | ||||||
3 | Protection and Advocacy for Persons with Developmental | ||||||
4 | Disabilities Act, and the Department to examine and copy the | ||||||
5 | record upon request. This use of transport devices shall not be | ||||||
6 | considered restraint as defined in the Mental Health and | ||||||
7 | Developmental Disabilities Code. For the purpose of this | ||||||
8 | Section "transport device" means ankle cuffs, handcuffs, waist | ||||||
9 | chains or wrist-waist devices designed to restrict an | ||||||
10 | individual's range of motion while being transported. These | ||||||
11 | devices must be approved by the Division of Mental Health, used | ||||||
12 | in accordance with the manufacturer's instructions, and used | ||||||
13 | only by qualified staff members who have completed all training | ||||||
14 | required to be eligible to transport patients and all other | ||||||
15 | required training relating to the safe use and application of | ||||||
16 | transport devices, including recognizing and responding to | ||||||
17 | signs of distress in an individual whose movement is being | ||||||
18 | restricted by a transport device. | ||||||
19 | If and when it shall appear to the satisfaction of the | ||||||
20 | Department that
any person confined in the Chester Mental | ||||||
21 | Health Center is not or has
ceased to be such a source of | ||||||
22 | danger to the public as to require his
subjection to the | ||||||
23 | regimen of the center, the Department is hereby
authorized to | ||||||
24 | transfer such person to any State facility for treatment of
| ||||||
25 | persons with mental illness or habilitation of persons with | ||||||
26 | developmental
disabilities, as the nature of the individual |
| |||||||
| |||||||
1 | case may require.
| ||||||
2 | Subject to the provisions of this Section, the Department, | ||||||
3 | except where
otherwise provided by law, shall, with respect to | ||||||
4 | the management, conduct
and control of the Chester Mental | ||||||
5 | Health Center and the discipline, custody
and treatment of the | ||||||
6 | persons confined therein, have and exercise the same
rights and | ||||||
7 | powers as are vested by law in the Department with respect to
| ||||||
8 | any and all of the State facilities for treatment of persons | ||||||
9 | with mental
illness or habilitation of persons with | ||||||
10 | developmental disabilities, and the
recipients thereof, and | ||||||
11 | shall be subject to the same duties as are imposed by
law upon | ||||||
12 | the Department with respect to such facilities and the | ||||||
13 | recipients
thereof. | ||||||
14 | The Department may elect to place persons who have been | ||||||
15 | ordered by the court to be detained under the Sexually Violent | ||||||
16 | Persons Commitment Act in a distinct portion of the Chester | ||||||
17 | Mental Health Center. The persons so placed shall be separated | ||||||
18 | and shall not comingle with the recipients of the Chester | ||||||
19 | Mental Health Center. The portion of Chester Mental Health | ||||||
20 | Center that is used for the persons detained under the Sexually | ||||||
21 | Violent Persons Commitment Act shall not be a part of the | ||||||
22 | mental health facility for the enforcement and implementation | ||||||
23 | of the Mental Health and Developmental Disabilities Code nor | ||||||
24 | shall their care and treatment be subject to the provisions of | ||||||
25 | the Mental Health and Developmental Disabilities Code. The | ||||||
26 | changes added to this Section by this amendatory Act of the |
| |||||||
| |||||||
1 | 98th General Assembly are inoperative on and after June 30, | ||||||
2 | 2015.
| ||||||
3 | (Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13; | ||||||
4 | 98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-581, eff. | ||||||
5 | 1-1-17 .)
| ||||||
6 | (20 ILCS 1705/15.4)
| ||||||
7 | Sec. 15.4. Authorization for nursing delegation to permit | ||||||
8 | direct care
staff to
administer medications. | ||||||
9 | (a) This Section applies to (i) all programs for persons
| ||||||
10 | with a
developmental disability in settings of 16 persons or | ||||||
11 | fewer that are funded or
licensed by the Department of Human
| ||||||
12 | Services and that distribute or administer medications and (ii) | ||||||
13 | all
intermediate care
facilities for persons with | ||||||
14 | developmental disabilities with 16 beds or fewer that are
| ||||||
15 | licensed by the
Department of Public Health. The Department of | ||||||
16 | Human Services shall develop a
training program for authorized | ||||||
17 | direct care staff to administer
medications under the
| ||||||
18 | supervision and monitoring of a registered professional nurse.
| ||||||
19 | This training program shall be developed in consultation with | ||||||
20 | professional
associations representing (i) physicians licensed | ||||||
21 | to practice medicine in all
its branches, (ii) registered | ||||||
22 | professional nurses, and (iii) pharmacists.
| ||||||
23 | (b) For the purposes of this Section:
| ||||||
24 | "Authorized direct care staff" means non-licensed persons | ||||||
25 | who have
successfully completed a medication administration |
| |||||||
| |||||||
1 | training program
approved by the Department of Human Services | ||||||
2 | and conducted by a nurse-trainer.
This authorization is | ||||||
3 | specific to an individual receiving service in
a
specific | ||||||
4 | agency and does not transfer to another agency.
| ||||||
5 | "Medications" means oral and topical medications, insulin | ||||||
6 | in an injectable form, oxygen, epinephrine auto-injectors, and | ||||||
7 | vaginal and rectal creams and suppositories. "Oral" includes | ||||||
8 | inhalants and medications administered through enteral tubes, | ||||||
9 | utilizing aseptic technique. "Topical" includes eye, ear, and | ||||||
10 | nasal medications. Any controlled substances must be packaged | ||||||
11 | specifically for an identified individual. | ||||||
12 | "Insulin in an injectable form" means a subcutaneous | ||||||
13 | injection via an insulin pen pre-filled by the manufacturer. | ||||||
14 | Authorized direct care staff may administer insulin, as ordered | ||||||
15 | by a physician, advanced practice registered nurse, or | ||||||
16 | physician assistant, if: (i) the staff has successfully | ||||||
17 | completed a Department-approved advanced training program | ||||||
18 | specific to insulin administration developed in consultation | ||||||
19 | with professional associations listed in subsection (a) of this | ||||||
20 | Section, and (ii) the staff consults with the registered nurse, | ||||||
21 | prior to administration, of any insulin dose that is determined | ||||||
22 | based on a blood glucose test result. The authorized direct | ||||||
23 | care staff shall not: (i) calculate the insulin dosage needed | ||||||
24 | when the dose is dependent upon a blood glucose test result, or | ||||||
25 | (ii) administer insulin to individuals who require blood | ||||||
26 | glucose monitoring greater than 3 times daily, unless directed |
| |||||||
| |||||||
1 | to do so by the registered nurse. | ||||||
2 | "Nurse-trainer training program" means a standardized, | ||||||
3 | competency-based
medication administration train-the-trainer | ||||||
4 | program provided by the
Department of Human Services and | ||||||
5 | conducted by a Department of Human
Services master | ||||||
6 | nurse-trainer for the purpose of training nurse-trainers to
| ||||||
7 | train persons employed or under contract to provide direct care | ||||||
8 | or
treatment to individuals receiving services to administer
| ||||||
9 | medications and provide self-administration of medication | ||||||
10 | training to
individuals under the supervision and monitoring of | ||||||
11 | the nurse-trainer. The
program incorporates adult learning | ||||||
12 | styles, teaching strategies, classroom
management, and a | ||||||
13 | curriculum overview, including the ethical and legal
aspects of | ||||||
14 | supervising those administering medications.
| ||||||
15 | "Self-administration of medications" means an individual | ||||||
16 | administers
his or her own medications. To be considered | ||||||
17 | capable to self-administer
their own medication, individuals | ||||||
18 | must, at a minimum, be able to identify
their medication by | ||||||
19 | size, shape, or color, know when they should take
the | ||||||
20 | medication, and know the amount of medication to be taken each | ||||||
21 | time.
| ||||||
22 | "Training program" means a standardized medication | ||||||
23 | administration
training program approved by the Department of | ||||||
24 | Human Services and
conducted by a registered professional nurse | ||||||
25 | for the purpose of training
persons employed or under contract | ||||||
26 | to provide direct care or treatment to
individuals receiving |
| |||||||
| |||||||
1 | services to administer medications
and provide | ||||||
2 | self-administration of medication training to individuals | ||||||
3 | under
the delegation and supervision of a nurse-trainer. The | ||||||
4 | program incorporates
adult learning styles, teaching | ||||||
5 | strategies, classroom management,
curriculum overview, | ||||||
6 | including ethical-legal aspects, and standardized
| ||||||
7 | competency-based evaluations on administration of medications | ||||||
8 | and
self-administration of medication training programs.
| ||||||
9 | (c) Training and authorization of non-licensed direct care | ||||||
10 | staff by
nurse-trainers must meet the requirements of this | ||||||
11 | subsection.
| ||||||
12 | (1) Prior to training non-licensed direct care staff to | ||||||
13 | administer
medication, the nurse-trainer shall perform the | ||||||
14 | following for each
individual to whom medication will be | ||||||
15 | administered by non-licensed
direct care staff:
| ||||||
16 | (A) An assessment of the individual's health | ||||||
17 | history and
physical and mental status.
| ||||||
18 | (B) An evaluation of the medications prescribed.
| ||||||
19 | (2) Non-licensed authorized direct care staff shall | ||||||
20 | meet the
following criteria:
| ||||||
21 | (A) Be 18 years of age or older.
| ||||||
22 | (B) Have completed high school or have a high | ||||||
23 | school equivalency certificate.
| ||||||
24 | (C) Have demonstrated functional literacy.
| ||||||
25 | (D) Have satisfactorily completed the Health and | ||||||
26 | Safety
component of a Department of Human Services |
| |||||||
| |||||||
1 | authorized
direct care staff training program.
| ||||||
2 | (E) Have successfully completed the training | ||||||
3 | program,
pass the written portion of the comprehensive | ||||||
4 | exam, and score
100% on the competency-based | ||||||
5 | assessment specific to the
individual and his or her | ||||||
6 | medications.
| ||||||
7 | (F) Have received additional competency-based | ||||||
8 | assessment
by the nurse-trainer as deemed necessary by | ||||||
9 | the nurse-trainer
whenever a change of medication | ||||||
10 | occurs or a new individual
that requires medication | ||||||
11 | administration enters the program.
| ||||||
12 | (3) Authorized direct care staff shall be re-evaluated | ||||||
13 | by a
nurse-trainer at least annually or more frequently at | ||||||
14 | the discretion of
the registered professional nurse. Any | ||||||
15 | necessary retraining shall be
to the extent that is | ||||||
16 | necessary to ensure competency of the authorized
direct | ||||||
17 | care staff to administer medication.
| ||||||
18 | (4) Authorization of direct care staff to administer | ||||||
19 | medication
shall be revoked if, in the opinion of the | ||||||
20 | registered professional nurse,
the authorized direct care | ||||||
21 | staff is no longer competent to administer
medication.
| ||||||
22 | (5) The registered professional nurse shall assess an
| ||||||
23 | individual's health status at least annually or more | ||||||
24 | frequently at the
discretion of the registered | ||||||
25 | professional nurse.
| ||||||
26 | (d) Medication self-administration shall meet the |
| |||||||
| |||||||
1 | following
requirements:
| ||||||
2 | (1) As part of the normalization process, in order for | ||||||
3 | each
individual to attain the highest possible level of | ||||||
4 | independent
functioning, all individuals shall be | ||||||
5 | permitted to participate in their
total health care | ||||||
6 | program. This program shall include, but not be
limited to, | ||||||
7 | individual training in preventive health and | ||||||
8 | self-medication
procedures.
| ||||||
9 | (A) Every program shall adopt written policies and
| ||||||
10 | procedures for assisting individuals in obtaining | ||||||
11 | preventative
health and self-medication skills in | ||||||
12 | consultation with a
registered professional nurse, | ||||||
13 | advanced practice registered nurse,
physician | ||||||
14 | assistant, or physician licensed to practice medicine
| ||||||
15 | in all its branches.
| ||||||
16 | (B) Individuals shall be evaluated to determine | ||||||
17 | their
ability to self-medicate by the nurse-trainer | ||||||
18 | through the use of
the Department's required, | ||||||
19 | standardized screening and assessment
instruments.
| ||||||
20 | (C) When the results of the screening and | ||||||
21 | assessment
indicate an individual not to be capable to | ||||||
22 | self-administer his or her
own medications, programs | ||||||
23 | shall be developed in consultation
with the Community | ||||||
24 | Support Team or Interdisciplinary
Team to provide | ||||||
25 | individuals with self-medication
administration.
| ||||||
26 | (2) Each individual shall be presumed to be competent |
| |||||||
| |||||||
1 | to self-administer
medications if:
| ||||||
2 | (A) authorized by an order of a physician licensed | ||||||
3 | to
practice medicine in all its branches, an advanced | ||||||
4 | practice registered nurse, or a physician assistant; | ||||||
5 | and
| ||||||
6 | (B) approved to self-administer medication by the
| ||||||
7 | individual's Community Support Team or
| ||||||
8 | Interdisciplinary Team, which includes a registered
| ||||||
9 | professional nurse or an advanced practice registered | ||||||
10 | nurse.
| ||||||
11 | (e) Quality Assurance.
| ||||||
12 | (1) A registered professional nurse, advanced practice | ||||||
13 | registered nurse,
licensed practical nurse, physician | ||||||
14 | licensed to practice medicine in all
its branches, | ||||||
15 | physician assistant, or pharmacist shall review the
| ||||||
16 | following for all individuals:
| ||||||
17 | (A) Medication orders.
| ||||||
18 | (B) Medication labels, including medications | ||||||
19 | listed on
the medication administration record for | ||||||
20 | persons who are not
self-medicating to ensure the | ||||||
21 | labels match the orders issued by
the physician | ||||||
22 | licensed to practice medicine in all its branches,
| ||||||
23 | advanced practice registered nurse, or physician | ||||||
24 | assistant.
| ||||||
25 | (C) Medication administration records for persons | ||||||
26 | who
are not self-medicating to ensure that the records |
| |||||||
| |||||||
1 | are completed
appropriately for:
| ||||||
2 | (i) medication administered as prescribed;
| ||||||
3 | (ii) refusal by the individual; and
| ||||||
4 | (iii) full signatures provided for all | ||||||
5 | initials used.
| ||||||
6 | (2) Reviews shall occur at least quarterly, but may be | ||||||
7 | done
more frequently at the discretion of the registered | ||||||
8 | professional nurse
or advanced practice registered nurse.
| ||||||
9 | (3) A quality assurance review of medication errors and | ||||||
10 | data
collection for the purpose of monitoring and | ||||||
11 | recommending
corrective action shall be conducted within 7 | ||||||
12 | days and included in the
required annual review.
| ||||||
13 | (f) Programs using authorized direct care
staff to | ||||||
14 | administer medications are responsible for documenting and | ||||||
15 | maintaining
records
on the training that is completed.
| ||||||
16 | (g) The absence of this training program constitutes a | ||||||
17 | threat to the
public interest,
safety, and welfare and | ||||||
18 | necessitates emergency rulemaking by
the Departments of Human | ||||||
19 | Services and
Public Health
under Section 5-45
of
the
Illinois | ||||||
20 | Administrative Procedure Act.
| ||||||
21 | (h) Direct care staff who fail to qualify for delegated | ||||||
22 | authority to
administer medications pursuant to the provisions | ||||||
23 | of this Section shall be
given
additional education and testing | ||||||
24 | to meet criteria for
delegation authority to administer | ||||||
25 | medications.
Any direct care staff person who fails to qualify | ||||||
26 | as an authorized direct care
staff
after initial training and |
| |||||||
| |||||||
1 | testing must within 3 months be given another
opportunity for | ||||||
2 | retraining and retesting. A direct care staff person who fails
| ||||||
3 | to
meet criteria for delegated authority to administer | ||||||
4 | medication, including, but
not limited to, failure of the | ||||||
5 | written test on 2 occasions shall be given
consideration for | ||||||
6 | shift transfer or reassignment, if possible. No employee
shall | ||||||
7 | be terminated for failure to qualify during the 3-month time | ||||||
8 | period
following initial testing. Refusal to complete training | ||||||
9 | and testing required
by this Section may be grounds for | ||||||
10 | immediate dismissal.
| ||||||
11 | (i) No authorized direct care staff person delegated to | ||||||
12 | administer
medication shall be subject to suspension or | ||||||
13 | discharge for errors
resulting from the staff
person's acts or | ||||||
14 | omissions when performing the functions unless the staff
| ||||||
15 | person's actions or omissions constitute willful and wanton | ||||||
16 | conduct.
Nothing in this subsection is intended to supersede | ||||||
17 | paragraph (4) of subsection
(c).
| ||||||
18 | (j) A registered professional nurse, advanced practice | ||||||
19 | registered nurse,
physician licensed to practice medicine in | ||||||
20 | all its branches, or physician
assistant shall be on
duty or
on | ||||||
21 | call at all times in any program covered by this Section.
| ||||||
22 | (k) The employer shall be responsible for maintaining | ||||||
23 | liability insurance
for any program covered by this Section.
| ||||||
24 | (l) Any direct care staff person who qualifies as | ||||||
25 | authorized direct care
staff pursuant to this Section shall be | ||||||
26 | granted consideration for a one-time
additional
salary |
| |||||||
| |||||||
1 | differential. The Department shall determine and provide the | ||||||
2 | necessary
funding for
the differential in the base. This | ||||||
3 | subsection (l) is inoperative on and after
June 30, 2000.
| ||||||
4 | (Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; 99-78, | ||||||
5 | eff. 7-20-15; 99-143, eff. 7-27-15; 99-581, eff. 1-1-17 .)
| ||||||
6 | Section 45. The Department of Professional Regulation Law | ||||||
7 | of the
Civil Administrative Code of Illinois is amended by | ||||||
8 | changing Section 2105-17 as follows: | ||||||
9 | (20 ILCS 2105/2105-17) | ||||||
10 | Sec. 2105-17. Volunteer licenses. | ||||||
11 | (a) For the purposes of this Section: | ||||||
12 | "Health care professional" means a physician licensed | ||||||
13 | under the Medical Practice Act of 1987, a dentist licensed | ||||||
14 | under the Illinois Dental Practice Act, an optometrist licensed | ||||||
15 | under the Illinois Optometric Practice Act of 1987, a physician | ||||||
16 | assistant licensed under the Physician Assistant Practice Act | ||||||
17 | of 1987, and a nurse or advanced practice registered nurse | ||||||
18 | licensed under the Nurse Practice Act. The Department may | ||||||
19 | expand this definition by rule. | ||||||
20 | "Volunteer practice" means the practice of a licensed | ||||||
21 | health care professional for the benefit of an individual or | ||||||
22 | the public and without compensation for the health care | ||||||
23 | services provided. | ||||||
24 | (b) The Department may grant a volunteer license to a |
| |||||||
| |||||||
1 | health care professional who: | ||||||
2 | (1) meets all requirements of the State licensing Act | ||||||
3 | that applies to his or her health care profession and the | ||||||
4 | rules adopted under the Act; and | ||||||
5 | (2) agrees to engage in the volunteer practice of his | ||||||
6 | or her health care profession in a free medical clinic, as | ||||||
7 | defined in the Good Samaritan Act, or in a public health | ||||||
8 | clinic, as defined in Section 6-101 of the Local | ||||||
9 | Governmental and Governmental Employees Tort Immunities | ||||||
10 | Act, and to not practice for compensation. | ||||||
11 | (c) A volunteer license shall be granted in accordance with | ||||||
12 | the licensing Act that applies to the health care | ||||||
13 | professional's given health care profession, and the licensure | ||||||
14 | fee shall be set by rule in accordance with subsection (f). | ||||||
15 | (d) No health care professional shall hold a non-volunteer | ||||||
16 | license in a health care profession and a volunteer license in | ||||||
17 | that profession at the same time. In the event that the health | ||||||
18 | care professional obtains a volunteer license in the profession | ||||||
19 | for which he or she holds a non-volunteer license, that | ||||||
20 | non-volunteer license shall automatically be placed in | ||||||
21 | inactive status. In the event that a health care professional | ||||||
22 | obtains a non-volunteer license in the profession for which he | ||||||
23 | or she holds a volunteer license, the volunteer license shall | ||||||
24 | be placed in inactive status. Practicing on an expired | ||||||
25 | volunteer license constitutes the unlicensed practice of the | ||||||
26 | health care professional's profession. |
| |||||||
| |||||||
1 | (e) Nothing in this Section shall be construed to waive or | ||||||
2 | modify any statute, rule, or regulation concerning the | ||||||
3 | licensure or practice of any health care profession. A health | ||||||
4 | care professional who holds a volunteer license shall be | ||||||
5 | subject to all statutes, rules, and regulations governing his | ||||||
6 | or her profession. The Department shall waive the licensure fee | ||||||
7 | for the first 500 volunteer licenses issued and may by rule | ||||||
8 | provide for a fee waiver or fee reduction that shall apply to | ||||||
9 | all licenses issued after the initial 500. | ||||||
10 | (f) The Department shall determine by rule the total number | ||||||
11 | of volunteer licenses to be issued. The Department shall file | ||||||
12 | proposed rules implementing this Section within 6 months after | ||||||
13 | the effective date of this amendatory Act of the 98th General | ||||||
14 | Assembly.
| ||||||
15 | (Source: P.A. 98-659, eff. 6-23-14.) | ||||||
16 | Section 50. The Department of Public Health Act is amended | ||||||
17 | by changing Sections 7 and 8.2 as follows:
| ||||||
18 | (20 ILCS 2305/7) (from Ch. 111 1/2, par. 22.05)
| ||||||
19 | Sec. 7. The Illinois Department of Public Health shall | ||||||
20 | adopt rules
requiring that upon death of a person who had or is | ||||||
21 | suspected of having an
infectious or communicable disease that | ||||||
22 | could be transmitted through
contact with the person's body or | ||||||
23 | bodily fluids, the body shall be labeled
"Infection Hazard", or | ||||||
24 | with an equivalent term to inform persons having
subsequent |
| |||||||
| |||||||
1 | contact with the body, including any funeral director or
| ||||||
2 | embalmer, to take suitable precautions. Such rules shall | ||||||
3 | require that the
label shall be prominently displayed on and | ||||||
4 | affixed to the outer wrapping
or covering of the body if the | ||||||
5 | body is wrapped or covered in any manner.
Responsibility for | ||||||
6 | such labeling shall lie with the attending physician, advanced | ||||||
7 | practice registered nurse, or physician assistant who
| ||||||
8 | certifies death, or if the death occurs in a health care | ||||||
9 | facility, with
such staff member as may be designated by the | ||||||
10 | administrator of the facility. The Department may adopt rules | ||||||
11 | providing for the safe disposal of human remains. To the extent | ||||||
12 | feasible without endangering the public's health, the | ||||||
13 | Department shall respect and accommodate the religious beliefs | ||||||
14 | of individuals in implementing this Section.
| ||||||
15 | (Source: P.A. 99-581, eff. 1-1-17 .)
| ||||||
16 | (20 ILCS 2305/8.2)
| ||||||
17 | Sec. 8.2. Osteoporosis Prevention and Education Program.
| ||||||
18 | (a) The Department of Public Health, utilizing available | ||||||
19 | federal funds,
State funds appropriated for that
purpose, or | ||||||
20 | other available funding as provided for in this Section,
shall | ||||||
21 | establish, promote, and maintain
an Osteoporosis Prevention | ||||||
22 | and Education Program to promote public awareness of
the causes | ||||||
23 | of osteoporosis, options for prevention, the value of early
| ||||||
24 | detection, and possible treatments (including the benefits and | ||||||
25 | risks of those
treatments). The Department may accept, for that |
| |||||||
| |||||||
1 | purpose, any special grant of
money, services, or property from | ||||||
2 | the federal government or any of its agencies
or from any | ||||||
3 | foundation, organization, or medical school.
| ||||||
4 | (b) The program shall include the following:
| ||||||
5 | (1) Development of a public education and outreach | ||||||
6 | campaign to promote
osteoporosis prevention and education, | ||||||
7 | including, but not limited to, the
following subjects:
| ||||||
8 | (A) The cause and nature of the disease.
| ||||||
9 | (B) Risk factors.
| ||||||
10 | (C) The role of hysterectomy.
| ||||||
11 | (D) Prevention of osteoporosis, including | ||||||
12 | nutrition, diet, and physical
exercise.
| ||||||
13 | (E) Diagnostic procedures and appropriate | ||||||
14 | indications for their use.
| ||||||
15 | (F) Hormone replacement, including benefits and | ||||||
16 | risks.
| ||||||
17 | (G) Environmental safety and injury prevention.
| ||||||
18 | (H) Availability of osteoporosis diagnostic | ||||||
19 | treatment services in the
community.
| ||||||
20 | (2) Development of educational materials to be made | ||||||
21 | available for
consumers, particularly targeted to | ||||||
22 | high-risk groups, through local health
departments, local | ||||||
23 | physicians, advanced practice registered nurses, or | ||||||
24 | physician assistants, other providers (including, but not | ||||||
25 | limited to,
health maintenance organizations, hospitals, | ||||||
26 | and clinics), and women's
organizations.
|
| |||||||
| |||||||
1 | (3) Development of professional education programs for | ||||||
2 | health care
providers to assist them in understanding | ||||||
3 | research findings and the subjects
set forth in paragraph | ||||||
4 | (1).
| ||||||
5 | (4) Development and maintenance of a list of current | ||||||
6 | providers of
specialized services for the prevention and | ||||||
7 | treatment of osteoporosis.
Dissemination of the list shall | ||||||
8 | be accompanied by a description of diagnostic
procedures, | ||||||
9 | appropriate indications for their use, and a cautionary | ||||||
10 | statement
about the current status of osteoporosis | ||||||
11 | research, prevention, and treatment.
The statement shall | ||||||
12 | also indicate that the Department does not license,
| ||||||
13 | certify, or in any other way approve osteoporosis programs | ||||||
14 | or centers in this
State.
| ||||||
15 | (c) The State Board of Health shall serve as an advisory | ||||||
16 | board to the
Department with specific respect to the prevention | ||||||
17 | and education activities
related to osteoporosis described in | ||||||
18 | this Section. The State Board of Health
shall assist the | ||||||
19 | Department in implementing this Section.
| ||||||
20 | (Source: P.A. 99-581, eff. 1-1-17 .)
| ||||||
21 | Section 55. The Department of Public Health Powers and | ||||||
22 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
23 | amended by changing Sections 2310-145, 2310-397, 2310-410, | ||||||
24 | 2310-600, 2310-677, and 2310-690 as follows: |
| |||||||
| |||||||
1 | (20 ILCS 2310/2310-145)
| ||||||
2 | Sec. 2310-145. Registry of health care professionals. The | ||||||
3 | Department of Public Health shall
maintain a registry of all | ||||||
4 | active-status health care professionals,
including nurses, | ||||||
5 | nurse practitioners, advanced practice registered nurses, | ||||||
6 | physicians,
physician assistants, psychologists,
professional | ||||||
7 | counselors, clinical professional counselors, and pharmacists. | ||||||
8 | The registry must consist of information shared between the | ||||||
9 | Department of Public Health and the Department of Financial and | ||||||
10 | Professional Regulation via a secure communication link. The | ||||||
11 | registry must be updated on a quarterly basis. | ||||||
12 | The
registry shall be accessed in the event of an act of | ||||||
13 | bioterrorism or other
public health emergency or for the | ||||||
14 | planning for the possibility of such an event.
| ||||||
15 | (Source: P.A. 96-377, eff. 1-1-10.)
| ||||||
16 | (20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90)
| ||||||
17 | Sec. 2310-397. Prostate and testicular cancer program.
| ||||||
18 | (a) The Department, subject to appropriation or other
| ||||||
19 | available funding, shall conduct a program to promote awareness | ||||||
20 | and early
detection of prostate and testicular cancer. The | ||||||
21 | program may include, but
need not be limited to:
| ||||||
22 | (1) Dissemination of information regarding the | ||||||
23 | incidence of prostate and
testicular cancer, the risk | ||||||
24 | factors associated with prostate and testicular
cancer, | ||||||
25 | and the benefits of early detection and treatment.
|
| |||||||
| |||||||
1 | (2) Promotion of information and counseling about | ||||||
2 | treatment options.
| ||||||
3 | (3) Establishment and promotion of referral services | ||||||
4 | and screening
programs.
| ||||||
5 | Beginning July 1, 2004, the program must include the | ||||||
6 | development and
dissemination, through print and broadcast | ||||||
7 | media, of public service
announcements that publicize the | ||||||
8 | importance of prostate cancer screening for
men over age 40.
| ||||||
9 | (b) Subject to appropriation or other available funding,
a | ||||||
10 | Prostate Cancer Screening Program shall be
established in the | ||||||
11 | Department of Public Health.
| ||||||
12 | (1) The Program shall apply to the following persons | ||||||
13 | and entities:
| ||||||
14 | (A) uninsured and underinsured men 50 years of age | ||||||
15 | and older;
| ||||||
16 | (B) uninsured and underinsured
men between 40 and | ||||||
17 | 50 years of age who are at high
risk for prostate | ||||||
18 | cancer, upon the advice of a physician, advanced | ||||||
19 | practice registered nurse, or physician assistant or | ||||||
20 | upon the
request of the patient; and
| ||||||
21 | (C) non-profit organizations providing assistance | ||||||
22 | to persons described
in subparagraphs (A) and (B).
| ||||||
23 | (2) Any entity funded by the Program shall coordinate | ||||||
24 | with other
local providers of prostate cancer screening, | ||||||
25 | diagnostic, follow-up,
education, and advocacy services to | ||||||
26 | avoid duplication of effort. Any
entity funded by the |
| |||||||
| |||||||
1 | Program shall comply with any applicable State
and federal | ||||||
2 | standards regarding prostate cancer screening.
| ||||||
3 | (3) Administrative costs of the Department shall not | ||||||
4 | exceed 10%
of the funds allocated to the Program. Indirect | ||||||
5 | costs of the
entities funded by this Program shall not | ||||||
6 | exceed 12%. The
Department shall define "indirect costs" in | ||||||
7 | accordance with
applicable State and federal law.
| ||||||
8 | (4) Any entity funded by the Program shall collect data | ||||||
9 | and
maintain records that are determined by the Department | ||||||
10 | to be
necessary to facilitate the Department's ability to | ||||||
11 | monitor and
evaluate the effectiveness of the entities and | ||||||
12 | the Program.
Commencing with the Program's second year of | ||||||
13 | operation, the
Department shall submit an Annual Report to | ||||||
14 | the General Assembly and
the Governor. The report shall | ||||||
15 | describe the activities
and effectiveness of the Program | ||||||
16 | and shall include, but not be
limited to, the following | ||||||
17 | types of information regarding those served
by the Program:
| ||||||
18 | (A) the number; and
| ||||||
19 | (B) the ethnic, geographic, and age breakdown.
| ||||||
20 | (5) The Department or any entity funded by the Program | ||||||
21 | shall
collect personal and medical information necessary | ||||||
22 | to administer the
Program from any individual applying for | ||||||
23 | services under the Program.
The information shall be | ||||||
24 | confidential and shall not be disclosed
other than for | ||||||
25 | purposes directly connected with the administration of
the | ||||||
26 | Program or except as otherwise provided by law or pursuant |
| |||||||
| |||||||
1 | to
prior written consent of the subject of the information.
| ||||||
2 | (6) The Department or any entity funded by the program | ||||||
3 | may
disclose the confidential information to medical | ||||||
4 | personnel and fiscal
intermediaries of the State to the | ||||||
5 | extent necessary to administer
the Program, and to other | ||||||
6 | State public health agencies or medical
researchers if the | ||||||
7 | confidential information is necessary to carry out
the | ||||||
8 | duties of those agencies or researchers in the | ||||||
9 | investigation,
control, or surveillance of prostate | ||||||
10 | cancer.
| ||||||
11 | (c) The Department shall adopt rules to implement the | ||||||
12 | Prostate Cancer
Screening Program in accordance with the | ||||||
13 | Illinois Administrative
Procedure Act.
| ||||||
14 | (Source: P.A. 98-87, eff. 1-1-14; 99-581, eff. 1-1-17 .)
| ||||||
15 | (20 ILCS 2310/2310-410) (was 20 ILCS 2310/55.42)
| ||||||
16 | Sec. 2310-410. Sickle cell disease. To conduct a public
| ||||||
17 | information campaign for physicians, advanced practice | ||||||
18 | registered nurses, physician assistants,
hospitals, health | ||||||
19 | facilities, public health departments, and the general
public | ||||||
20 | on sickle cell disease, methods of care, and treatment
| ||||||
21 | modalities available; to identify and catalogue sickle cell | ||||||
22 | resources in
this State for distribution and referral purposes; | ||||||
23 | and to coordinate
services with the established programs, | ||||||
24 | including State, federal, and
voluntary groups.
| ||||||
25 | (Source: P.A. 99-581, eff. 1-1-17 .)
|
| |||||||
| |||||||
1 | (20 ILCS 2310/2310-600)
| ||||||
2 | Sec. 2310-600. Advance directive information.
| ||||||
3 | (a) The Department of Public Health shall prepare and | ||||||
4 | publish the summary of
advance directives law, as required by | ||||||
5 | the federal Patient
Self-Determination Act, and related forms. | ||||||
6 | Publication may be limited to the World Wide Web. The summary | ||||||
7 | required under this subsection (a) must include the Department | ||||||
8 | of Public Health Uniform POLST form.
| ||||||
9 | (b) The Department of Public Health shall publish
Spanish | ||||||
10 | language
versions of the following:
| ||||||
11 | (1) The statutory Living Will Declaration form.
| ||||||
12 | (2) The Illinois Statutory Short Form Power of Attorney | ||||||
13 | for Health Care.
| ||||||
14 | (3) The statutory Declaration of Mental Health | ||||||
15 | Treatment Form.
| ||||||
16 | (4) The summary of advance directives law in Illinois.
| ||||||
17 | (5) The Department of Public Health Uniform POLST form.
| ||||||
18 | Publication may be limited to the World Wide Web.
| ||||||
19 | (b-5) In consultation with a statewide professional | ||||||
20 | organization
representing
physicians licensed to practice | ||||||
21 | medicine in all its branches, statewide
organizations | ||||||
22 | representing physician assistants, advanced practice | ||||||
23 | registered nurses, nursing homes, registered professional | ||||||
24 | nurses, and emergency medical systems, and a statewide
| ||||||
25 | organization
representing hospitals, the Department of Public |
| |||||||
| |||||||
1 | Health shall develop and
publish a uniform
form for | ||||||
2 | practitioner cardiopulmonary resuscitation (CPR) or | ||||||
3 | life-sustaining treatment orders that may be utilized in all
| ||||||
4 | settings. The form shall meet the published minimum | ||||||
5 | requirements to nationally be considered a practitioner orders | ||||||
6 | for life-sustaining treatment form, or POLST, and
may be | ||||||
7 | referred to as the Department of Public Health Uniform POLST | ||||||
8 | form. This form does not replace a physician's or other | ||||||
9 | practitioner's authority to make a do-not-resuscitate (DNR) | ||||||
10 | order.
| ||||||
11 | (c) (Blank). | ||||||
12 | (d) The Department of Public Health shall publish the | ||||||
13 | Department of Public Health Uniform POLST form reflecting the | ||||||
14 | changes made by this amendatory Act of the 98th General | ||||||
15 | Assembly no later than January 1, 2015.
| ||||||
16 | (Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16; | ||||||
17 | 99-581, eff. 1-1-17 .)
| ||||||
18 | (20 ILCS 2310/2310-677) | ||||||
19 | (Section scheduled to be repealed on June 30, 2019) | ||||||
20 | Sec. 2310-677. Neonatal Abstinence Syndrome Advisory | ||||||
21 | Committee. | ||||||
22 | (a) As used in this Section: | ||||||
23 | "Department" means the Department of Public Health. | ||||||
24 | "Director" means the Director of Public Health. | ||||||
25 | "Neonatal Abstinence Syndrome" or "NAS" means various |
| |||||||
| |||||||
1 | adverse conditions that occur in a newborn infant who was | ||||||
2 | exposed to addictive or prescription drugs while in the | ||||||
3 | mother's womb. | ||||||
4 | (b) There is created the Advisory Committee on Neonatal | ||||||
5 | Abstinence Syndrome. The Advisory Committee shall consist of up | ||||||
6 | to 10 members appointed by the Director of Public Health. The | ||||||
7 | Director shall make the appointments within 90 days after the | ||||||
8 | effective date of this amendatory Act of the 99th General | ||||||
9 | Assembly. Members shall receive no compensation for their | ||||||
10 | services. The members of the Advisory Committee shall represent | ||||||
11 | different racial, ethnic, and geographic backgrounds and | ||||||
12 | consist of: | ||||||
13 | (1) at least one member representing a statewide | ||||||
14 | association of hospitals; | ||||||
15 | (2) at least one member representing a statewide | ||||||
16 | organization of pediatricians; | ||||||
17 | (3) at least one member representing a statewide | ||||||
18 | organization of obstetricians; | ||||||
19 | (4) at least one member representing a statewide | ||||||
20 | organization that advocates for the health of mothers and | ||||||
21 | infants; | ||||||
22 | (5) at least one member representing a statewide | ||||||
23 | organization of licensed physicians; | ||||||
24 | (6) at least one member who is a licensed practical | ||||||
25 | nurse, registered professional nurse, or advanced practice | ||||||
26 | registered nurse with expertise in the treatment of |
| |||||||
| |||||||
1 | newborns in neonatal intensive care units; | ||||||
2 | (7) at least one member representing a local or | ||||||
3 | regional public health agency; and | ||||||
4 | (8) at least one member with expertise in the treatment | ||||||
5 | of drug dependency and addiction. | ||||||
6 | (c) In addition to the membership in subsection (a) of this | ||||||
7 | Section, the following persons or their designees shall serve | ||||||
8 | as ex officio members of the Advisory Committee: the Director | ||||||
9 | of Public Health, the Secretary of Human Services, the Director | ||||||
10 | of Healthcare and Family Services, and the Director of Children | ||||||
11 | and Family Services. The Director of Public Health, or his or | ||||||
12 | her designee, shall serve as Chair of the Committee. | ||||||
13 | (d) The Advisory Committee shall meet at the call of the | ||||||
14 | Chair. The Committee shall meet at least 3 times each year and | ||||||
15 | its initial meeting shall take place within 120 days after the | ||||||
16 | effective date of this Act. The Advisory Committee shall advise | ||||||
17 | and assist the Department to: | ||||||
18 | (1) develop an appropriate standard clinical | ||||||
19 | definition of "NAS"; | ||||||
20 | (2) develop a uniform process of identifying NAS; | ||||||
21 | (3) develop protocols for training hospital personnel | ||||||
22 | in implementing an appropriate and uniform process for | ||||||
23 | identifying and treating NAS; | ||||||
24 | (4) identify and develop options for reporting NAS data | ||||||
25 | to the Department by using existing or new data reporting | ||||||
26 | options; and |
| |||||||
| |||||||
1 | (5) make recommendations to the Department on | ||||||
2 | evidence-based guidelines and programs to improve the | ||||||
3 | outcomes of pregnancies with respect to NAS. | ||||||
4 | (e) The Advisory Committee shall provide an annual report | ||||||
5 | of its activities and recommendations to the Director, the | ||||||
6 | General Assembly, and the Governor by March 31 of each year | ||||||
7 | beginning in 2016. The final report of the Advisory Committee | ||||||
8 | shall be submitted by March 31, 2019. | ||||||
9 | (f) This Section is repealed on June 30, 2019.
| ||||||
10 | (Source: P.A. 99-320, eff. 8-7-15.) | ||||||
11 | (20 ILCS 2310/2310-690) | ||||||
12 | Sec. 2310-690. Cytomegalovirus public education. | ||||||
13 | (a) In this Section: | ||||||
14 | "CMV" means cytomegalovirus. | ||||||
15 | "Health care professional and provider" means any | ||||||
16 | physician, advanced practice registered nurse, physician | ||||||
17 | assistant, hospital facility, or other
person that is | ||||||
18 | licensed or otherwise authorized to deliver health care
| ||||||
19 | services. | ||||||
20 | (b) The Department shall develop or approve and publish | ||||||
21 | informational materials for women who may become pregnant, | ||||||
22 | expectant parents, and parents of infants regarding: | ||||||
23 | (1) the incidence of CMV; | ||||||
24 | (2) the transmission of CMV to pregnant women and women | ||||||
25 | who may become pregnant; |
| |||||||
| |||||||
1 | (3) birth defects caused by congenital CMV; | ||||||
2 | (4) methods of diagnosing congenital CMV; and | ||||||
3 | (5) available preventive measures to avoid the | ||||||
4 | infection of women who are pregnant or may become pregnant. | ||||||
5 | (c) The Department shall publish the information required | ||||||
6 | under subsection (b) on its Internet website. | ||||||
7 | (d) The Department shall publish information to: | ||||||
8 | (1) educate women who may become pregnant, expectant | ||||||
9 | parents, and parents of infants about CMV; and | ||||||
10 | (2) raise awareness of CMV among health care | ||||||
11 | professionals and providers who provide care to expectant | ||||||
12 | mothers or infants. | ||||||
13 | (e) The Department may solicit and accept the assistance of | ||||||
14 | any relevant health care professional associations or | ||||||
15 | community resources, including faith-based resources, to | ||||||
16 | promote education about CMV under this Section. | ||||||
17 | (f) If a newborn infant fails the 2 initial hearing | ||||||
18 | screenings in the hospital, then the hospital performing that | ||||||
19 | screening shall provide to the parents of the newborn infant | ||||||
20 | information regarding: (i) birth defects caused by congenital | ||||||
21 | CMV; (ii) testing opportunities and options for CMV, including | ||||||
22 | the opportunity to test for CMV before leaving the hospital; | ||||||
23 | and (iii) early intervention services. Health care | ||||||
24 | professionals and providers may, but are not required to, use | ||||||
25 | the materials developed by the Department for distribution to | ||||||
26 | parents of newborn infants.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-424, eff. 1-1-16; 99-581, eff. 1-1-17; 99-642, | ||||||
2 | eff. 7-28-26 .) | ||||||
3 | Section 60. The Community Health Worker Advisory Board Act | ||||||
4 | is amended by changing Section 10 as follows: | ||||||
5 | (20 ILCS 2335/10) | ||||||
6 | Sec. 10. Advisory Board. | ||||||
7 | (a) There is created the Advisory Board on Community Health | ||||||
8 | Workers. The Board shall consist of 16 members appointed by the | ||||||
9 | Director of Public Health. The Director shall make the | ||||||
10 | appointments to the Board within 90 days after the effective | ||||||
11 | date of this Act. The members of the Board shall represent | ||||||
12 | different racial and ethnic backgrounds and have the | ||||||
13 | qualifications as follows: | ||||||
14 | (1) four members who currently serve as community | ||||||
15 | health workers in Cook County, one of whom shall have | ||||||
16 | served as a health insurance marketplace navigator; | ||||||
17 | (2) two members who currently serve as community health | ||||||
18 | workers in DuPage, Kane, Lake, or Will County; | ||||||
19 | (3) one member who currently serves as a community | ||||||
20 | health worker in Bond, Calhoun, Clinton, Jersey, Macoupin, | ||||||
21 | Madison, Monroe, Montgomery, Randolph, St. Clair, or | ||||||
22 | Washington County; | ||||||
23 | (4) one member who currently serves as a community | ||||||
24 | health worker in any other county in the State; |
| |||||||
| |||||||
1 | (5) one member who is a physician licensed to practice | ||||||
2 | medicine in Illinois; | ||||||
3 | (6) one member who is a physician assistant; | ||||||
4 | (7) one member who is a licensed nurse or advanced | ||||||
5 | practice registered nurse; | ||||||
6 | (8) one member who is a licensed social worker, | ||||||
7 | counselor, or psychologist; | ||||||
8 | (9) one member who currently employs community health | ||||||
9 | workers; | ||||||
10 | (10) one member who is a health policy advisor with | ||||||
11 | experience in health workforce policy; | ||||||
12 | (11) one member who is a public health professional | ||||||
13 | with experience with community health policy; and | ||||||
14 | (12) one representative of a community college, | ||||||
15 | university, or educational institution that provides | ||||||
16 | training to community health workers. | ||||||
17 | (b) In addition, the following persons or their designees | ||||||
18 | shall serve as ex officio, non-voting members of the Board: the | ||||||
19 | Executive Director of the Illinois Community College Board, the | ||||||
20 | Director of Children and Family Services, the Director of | ||||||
21 | Aging, the Director of Public Health, the Director of | ||||||
22 | Employment Security, the Director of Commerce and Economic | ||||||
23 | Opportunity, the Secretary of Financial and Professional | ||||||
24 | Regulation, the Director of Healthcare and Family Services, and | ||||||
25 | the Secretary of Human Services. | ||||||
26 | (c) The voting members of the Board shall select a |
| |||||||
| |||||||
1 | chairperson from the voting members of the Board. The Board | ||||||
2 | shall consult with additional experts as needed. Members of the | ||||||
3 | Board shall serve without compensation. The Department shall | ||||||
4 | provide administrative and staff support to the Board. The | ||||||
5 | meetings of the Board are subject to the provisions of the Open | ||||||
6 | Meetings Act. | ||||||
7 | (d) The Board shall consider the core competencies of a | ||||||
8 | community health worker, including skills and areas of | ||||||
9 | knowledge that are essential to bringing about expanded health | ||||||
10 | and wellness in diverse communities and reducing health | ||||||
11 | disparities. As relating to members of communities and health | ||||||
12 | teams, the core competencies for effective community health | ||||||
13 | workers may include, but are not limited to: | ||||||
14 | (1) outreach methods and strategies; | ||||||
15 | (2) client and community assessment; | ||||||
16 | (3) effective community-based and participatory | ||||||
17 | methods, including research; | ||||||
18 | (4) culturally competent communication and care; | ||||||
19 | (5) health education for behavior change; | ||||||
20 | (6) support, advocacy, and health system navigation | ||||||
21 | for clients; | ||||||
22 | (7) application of public health concepts and | ||||||
23 | approaches; | ||||||
24 | (8) individual and community capacity building and | ||||||
25 | mobilization; and | ||||||
26 | (9) writing, oral, technical, and communication |
| |||||||
| |||||||
1 | skills.
| ||||||
2 | (Source: P.A. 98-796, eff. 7-31-14; 99-581, eff. 1-1-17 .) | ||||||
3 | Section 65. The Illinois Housing Development Act is amended | ||||||
4 | by changing Section 7.30 as follows: | ||||||
5 | (20 ILCS 3805/7.30) | ||||||
6 | Sec. 7.30. Foreclosure Prevention Program. | ||||||
7 | (a) The Authority shall establish and administer a | ||||||
8 | Foreclosure Prevention Program. The Authority shall use moneys | ||||||
9 | in the Foreclosure Prevention Program Fund, and any other funds | ||||||
10 | appropriated for this purpose, to make grants to (i) approved | ||||||
11 | counseling agencies for approved housing counseling and (ii) | ||||||
12 | approved community-based organizations for approved | ||||||
13 | foreclosure prevention outreach programs. The Authority shall | ||||||
14 | promulgate rules to implement this Program and may adopt | ||||||
15 | emergency rules as soon as practicable to begin implementation | ||||||
16 | of the Program. | ||||||
17 | (b) Subject to
appropriation and the annual receipt of | ||||||
18 | funds, the Authority shall make grants from the Foreclosure | ||||||
19 | Prevention Program Fund derived from fees paid as specified in | ||||||
20 | subsection (a) of Section 15-1504.1 of the Code of Civil | ||||||
21 | Procedure as follows: | ||||||
22 | (1) 25% of the moneys in the Fund shall be used to make | ||||||
23 | grants to approved counseling agencies that provide | ||||||
24 | services in Illinois outside of the City of Chicago. Grants |
| |||||||
| |||||||
1 | shall be based upon the number of foreclosures filed in an | ||||||
2 | approved counseling agency's service area, the capacity of | ||||||
3 | the agency to provide foreclosure counseling services, and | ||||||
4 | any other factors that the Authority deems appropriate. | ||||||
5 | (2) 25% of the moneys in the Fund shall be distributed | ||||||
6 | to the City of Chicago to make grants to approved | ||||||
7 | counseling agencies located within the City of Chicago for | ||||||
8 | approved housing counseling or to support foreclosure | ||||||
9 | prevention counseling programs administered by the City of | ||||||
10 | Chicago. | ||||||
11 | (3) 25% of the moneys in the Fund shall be used to make | ||||||
12 | grants to approved community-based organizations located | ||||||
13 | outside of the City of Chicago for approved foreclosure | ||||||
14 | prevention outreach programs. | ||||||
15 | (4) 25% of the moneys in the Fund shall be used to make | ||||||
16 | grants to approved community-based organizations located | ||||||
17 | within the City of Chicago for approved foreclosure | ||||||
18 | prevention outreach programs, with priority given to | ||||||
19 | programs that provide door-to-door outreach. | ||||||
20 | (b-1) Subject to appropriation and the annual receipt of | ||||||
21 | funds, the Authority shall make grants from the Foreclosure | ||||||
22 | Prevention Program Graduated Fund derived from fees paid as | ||||||
23 | specified in paragraph (1) of subsection (a-5) of Section | ||||||
24 | 15-1504.1 of the Code of Civil Procedure, as follows: | ||||||
25 | (1) 30% shall be used to make grants for approved | ||||||
26 | housing counseling in Cook County outside of the City of |
| |||||||
| |||||||
1 | Chicago; | ||||||
2 | (2) 25% shall be used to make grants for approved | ||||||
3 | housing counseling in the City of Chicago; | ||||||
4 | (3) 30% shall be used to make grants for approved | ||||||
5 | housing counseling in DuPage, Kane, Lake, McHenry, and Will | ||||||
6 | Counties; and | ||||||
7 | (4) 15% shall be used to make grants for approved | ||||||
8 | housing counseling in Illinois in counties other than Cook, | ||||||
9 | DuPage, Kane, Lake, McHenry, and Will Counties provided | ||||||
10 | that grants to provide approved housing counseling to | ||||||
11 | borrowers residing within these counties shall be based, to | ||||||
12 | the extent practicable, (i) proportionately on the amount | ||||||
13 | of fees paid to the respective clerks of the courts within | ||||||
14 | these counties and (ii) on any other factors that the | ||||||
15 | Authority deems appropriate. | ||||||
16 | The percentages set forth in this subsection (b-1) shall be | ||||||
17 | calculated after deduction of reimbursable administrative | ||||||
18 | expenses incurred by the Authority, but shall not be greater | ||||||
19 | than 4% of the annual appropriated amount. | ||||||
20 | (b-5) As used in this Section: | ||||||
21 | "Approved community-based organization" means a | ||||||
22 | not-for-profit entity that provides educational and financial | ||||||
23 | information to residents of a community through in-person | ||||||
24 | contact. "Approved community-based organization" does not | ||||||
25 | include a not-for-profit corporation or other entity or person | ||||||
26 | that provides legal representation or advice in a civil |
| |||||||
| |||||||
1 | proceeding or court-sponsored mediation services, or a | ||||||
2 | governmental agency. | ||||||
3 | "Approved foreclosure prevention outreach program" means a | ||||||
4 | program developed by an approved community-based organization | ||||||
5 | that includes in-person contact with residents to provide (i) | ||||||
6 | pre-purchase and post-purchase home ownership counseling, (ii) | ||||||
7 | education about the foreclosure process and the options of a | ||||||
8 | mortgagor in a foreclosure proceeding, and (iii) programs | ||||||
9 | developed by an approved community-based organization in | ||||||
10 | conjunction with a State or federally chartered financial | ||||||
11 | institution. | ||||||
12 | "Approved counseling agency" means a housing counseling | ||||||
13 | agency approved by the U.S. Department of Housing and Urban | ||||||
14 | Development. | ||||||
15 | "Approved housing counseling" means in-person counseling | ||||||
16 | provided by a counselor employed by an approved counseling | ||||||
17 | agency to all borrowers, or documented telephone counseling | ||||||
18 | where a hardship would be imposed on one or more borrowers. A | ||||||
19 | hardship shall exist in instances in which the borrower is | ||||||
20 | confined to his or her home due to a medical condition, as | ||||||
21 | verified in writing by a physician, advanced practice | ||||||
22 | registered nurse, or physician assistant, or the borrower | ||||||
23 | resides 50 miles or more from the nearest approved counseling | ||||||
24 | agency. In instances of telephone counseling, the borrower must | ||||||
25 | supply all necessary documents to the counselor at least 72 | ||||||
26 | hours prior to the scheduled telephone counseling session. |
| |||||||
| |||||||
1 | (c) (Blank).
| ||||||
2 | (c-5) Where the jurisdiction of an approved counseling | ||||||
3 | agency is included within more than one of the geographic areas | ||||||
4 | set forth in this Section, the Authority may elect to fully | ||||||
5 | fund the applicant from one of the relevant geographic areas. | ||||||
6 | (Source: P.A. 98-20, eff. 6-11-13; 99-581, eff. 1-1-17 .) | ||||||
7 | Section 70. The Property Tax Code is amended by changing | ||||||
8 | Sections 15-168 and 15-172 as follows: | ||||||
9 | (35 ILCS 200/15-168) | ||||||
10 | Sec. 15-168. Homestead exemption for persons with | ||||||
11 | disabilities. | ||||||
12 | (a) Beginning with taxable year 2007, an
annual homestead | ||||||
13 | exemption is granted to persons with disabilities in
the amount | ||||||
14 | of $2,000, except as provided in subsection (c), to
be deducted | ||||||
15 | from the property's value as equalized or assessed
by the | ||||||
16 | Department of Revenue. The person with a disability shall | ||||||
17 | receive
the homestead exemption upon meeting the following
| ||||||
18 | requirements: | ||||||
19 | (1) The property must be occupied as the primary | ||||||
20 | residence by the person with a disability. | ||||||
21 | (2) The person with a disability must be liable for | ||||||
22 | paying the
real estate taxes on the property. | ||||||
23 | (3) The person with a disability must be an owner of | ||||||
24 | record of
the property or have a legal or equitable |
| |||||||
| |||||||
1 | interest in the
property as evidenced by a written | ||||||
2 | instrument. In the case
of a leasehold interest in | ||||||
3 | property, the lease must be for
a single family residence. | ||||||
4 | A person who has a disability during the taxable year
is | ||||||
5 | eligible to apply for this homestead exemption during that
| ||||||
6 | taxable year. Application must be made during the
application | ||||||
7 | period in effect for the county of residence. If a
homestead | ||||||
8 | exemption has been granted under this Section and the
person | ||||||
9 | awarded the exemption subsequently becomes a resident of
a | ||||||
10 | facility licensed under the Nursing Home Care Act, the | ||||||
11 | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD | ||||||
12 | Community Care Act, or the MC/DD Act, then the
exemption shall | ||||||
13 | continue (i) so long as the residence continues
to be occupied | ||||||
14 | by the qualifying person's spouse or (ii) if the
residence | ||||||
15 | remains unoccupied but is still owned by the person
qualified | ||||||
16 | for the homestead exemption. | ||||||
17 | (b) For the purposes of this Section, "person with a | ||||||
18 | disability"
means a person unable to engage in any substantial | ||||||
19 | gainful activity by reason of a medically determinable physical | ||||||
20 | or mental impairment which can be expected to result in death | ||||||
21 | or has lasted or can be expected to last for a continuous | ||||||
22 | period of not less than 12 months. Persons with disabilities | ||||||
23 | filing claims under this Act shall submit proof of disability | ||||||
24 | in such form and manner as the Department shall by rule and | ||||||
25 | regulation prescribe. Proof that a claimant is eligible to | ||||||
26 | receive disability benefits under the Federal Social Security |
| |||||||
| |||||||
1 | Act shall constitute proof of disability for purposes of this | ||||||
2 | Act. Issuance of an Illinois Person with a Disability | ||||||
3 | Identification Card stating that the claimant is under a Class | ||||||
4 | 2 disability, as defined in Section 4A of the Illinois | ||||||
5 | Identification Card Act, shall constitute proof that the person | ||||||
6 | named thereon is a person with a disability for purposes of | ||||||
7 | this Act. A person with a disability not covered under the | ||||||
8 | Federal Social Security Act and not presenting an Illinois | ||||||
9 | Person with a Disability Identification Card stating that the | ||||||
10 | claimant is under a Class 2 disability shall be examined by a | ||||||
11 | physician, advanced practice registered nurse, or physician | ||||||
12 | assistant designated by the Department, and his status as a | ||||||
13 | person with a disability determined using the same standards as | ||||||
14 | used by the Social Security Administration. The costs of any | ||||||
15 | required examination shall be borne by the claimant. | ||||||
16 | (c) For land improved with (i) an apartment building owned
| ||||||
17 | and operated as a cooperative or (ii) a life care facility as
| ||||||
18 | defined under Section 2 of the Life Care Facilities Act that is
| ||||||
19 | considered to be a cooperative, the maximum reduction from the
| ||||||
20 | value of the property, as equalized or assessed by the
| ||||||
21 | Department, shall be multiplied by the number of apartments or
| ||||||
22 | units occupied by a person with a disability. The person with a | ||||||
23 | disability shall
receive the homestead exemption upon meeting | ||||||
24 | the following
requirements: | ||||||
25 | (1) The property must be occupied as the primary | ||||||
26 | residence by the
person with a disability. |
| |||||||
| |||||||
1 | (2) The person with a disability must be liable by | ||||||
2 | contract with
the owner or owners of record for paying the | ||||||
3 | apportioned
property taxes on the property of the | ||||||
4 | cooperative or life
care facility. In the case of a life | ||||||
5 | care facility, the
person with a disability must be liable | ||||||
6 | for paying the apportioned
property taxes under a life care | ||||||
7 | contract as defined in Section 2 of the Life Care | ||||||
8 | Facilities Act. | ||||||
9 | (3) The person with a disability must be an owner of | ||||||
10 | record of a
legal or equitable interest in the cooperative | ||||||
11 | apartment
building. A leasehold interest does not meet this
| ||||||
12 | requirement.
| ||||||
13 | If a homestead exemption is granted under this subsection, the
| ||||||
14 | cooperative association or management firm shall credit the
| ||||||
15 | savings resulting from the exemption to the apportioned tax
| ||||||
16 | liability of the qualifying person with a disability. The chief | ||||||
17 | county
assessment officer may request reasonable proof that the
| ||||||
18 | association or firm has properly credited the exemption. A
| ||||||
19 | person who willfully refuses to credit an exemption to the
| ||||||
20 | qualified person with a disability is guilty of a Class B | ||||||
21 | misdemeanor.
| ||||||
22 | (d) The chief county assessment officer shall determine the
| ||||||
23 | eligibility of property to receive the homestead exemption
| ||||||
24 | according to guidelines established by the Department. After a
| ||||||
25 | person has received an exemption under this Section, an annual
| ||||||
26 | verification of eligibility for the exemption shall be mailed
|
| |||||||
| |||||||
1 | to the taxpayer. | ||||||
2 | In counties with fewer than 3,000,000 inhabitants, the | ||||||
3 | chief county assessment officer shall provide to each
person | ||||||
4 | granted a homestead exemption under this Section a form
to | ||||||
5 | designate any other person to receive a duplicate of any
notice | ||||||
6 | of delinquency in the payment of taxes assessed and
levied | ||||||
7 | under this Code on the person's qualifying property. The
| ||||||
8 | duplicate notice shall be in addition to the notice required to
| ||||||
9 | be provided to the person receiving the exemption and shall be | ||||||
10 | given in the manner required by this Code. The person filing
| ||||||
11 | the request for the duplicate notice shall pay an
| ||||||
12 | administrative fee of $5 to the chief county assessment
| ||||||
13 | officer. The assessment officer shall then file the executed
| ||||||
14 | designation with the county collector, who shall issue the
| ||||||
15 | duplicate notices as indicated by the designation. A
| ||||||
16 | designation may be rescinded by the person with a disability in | ||||||
17 | the
manner required by the chief county assessment officer. | ||||||
18 | (e) A taxpayer who claims an exemption under Section 15-165 | ||||||
19 | or 15-169 may not claim an exemption under this Section.
| ||||||
20 | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||||||
21 | 99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff. | ||||||
22 | 7-28-16 .)
| ||||||
23 | (35 ILCS 200/15-172)
| ||||||
24 | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||||||
25 | Exemption.
|
| |||||||
| |||||||
1 | (a) This Section may be cited as the Senior Citizens | ||||||
2 | Assessment
Freeze Homestead Exemption.
| ||||||
3 | (b) As used in this Section:
| ||||||
4 | "Applicant" means an individual who has filed an | ||||||
5 | application under this
Section.
| ||||||
6 | "Base amount" means the base year equalized assessed value | ||||||
7 | of the residence
plus the first year's equalized assessed value | ||||||
8 | of any added improvements which
increased the assessed value of | ||||||
9 | the residence after the base year.
| ||||||
10 | "Base year" means the taxable year prior to the taxable | ||||||
11 | year for which the
applicant first qualifies and applies for | ||||||
12 | the exemption provided that in the
prior taxable year the | ||||||
13 | property was improved with a permanent structure that
was | ||||||
14 | occupied as a residence by the applicant who was liable for | ||||||
15 | paying real
property taxes on the property and who was either | ||||||
16 | (i) an owner of record of the
property or had legal or | ||||||
17 | equitable interest in the property as evidenced by a
written | ||||||
18 | instrument or (ii) had a legal or equitable interest as a | ||||||
19 | lessee in the
parcel of property that was single family | ||||||
20 | residence.
If in any subsequent taxable year for which the | ||||||
21 | applicant applies and
qualifies for the exemption the equalized | ||||||
22 | assessed value of the residence is
less than the equalized | ||||||
23 | assessed value in the existing base year
(provided that such | ||||||
24 | equalized assessed value is not
based
on an
assessed value that | ||||||
25 | results from a temporary irregularity in the property that
| ||||||
26 | reduces the
assessed value for one or more taxable years), then |
| |||||||
| |||||||
1 | that
subsequent taxable year shall become the base year until a | ||||||
2 | new base year is
established under the terms of this paragraph. | ||||||
3 | For taxable year 1999 only, the
Chief County Assessment Officer | ||||||
4 | shall review (i) all taxable years for which
the
applicant | ||||||
5 | applied and qualified for the exemption and (ii) the existing | ||||||
6 | base
year.
The assessment officer shall select as the new base | ||||||
7 | year the year with the
lowest equalized assessed value.
An | ||||||
8 | equalized assessed value that is based on an assessed value | ||||||
9 | that results
from a
temporary irregularity in the property that | ||||||
10 | reduces the assessed value for one
or more
taxable years shall | ||||||
11 | not be considered the lowest equalized assessed value.
The | ||||||
12 | selected year shall be the base year for
taxable year 1999 and | ||||||
13 | thereafter until a new base year is established under the
terms | ||||||
14 | of this paragraph.
| ||||||
15 | "Chief County Assessment Officer" means the County | ||||||
16 | Assessor or Supervisor of
Assessments of the county in which | ||||||
17 | the property is located.
| ||||||
18 | "Equalized assessed value" means the assessed value as | ||||||
19 | equalized by the
Illinois Department of Revenue.
| ||||||
20 | "Household" means the applicant, the spouse of the | ||||||
21 | applicant, and all persons
using the residence of the applicant | ||||||
22 | as their principal place of residence.
| ||||||
23 | "Household income" means the combined income of the members | ||||||
24 | of a household
for the calendar year preceding the taxable | ||||||
25 | year.
| ||||||
26 | "Income" has the same meaning as provided in Section 3.07 |
| |||||||
| |||||||
1 | of the Senior
Citizens and Persons with Disabilities Property | ||||||
2 | Tax Relief
Act, except that, beginning in assessment year 2001, | ||||||
3 | "income" does not
include veteran's benefits.
| ||||||
4 | "Internal Revenue Code of 1986" means the United States | ||||||
5 | Internal Revenue Code
of 1986 or any successor law or laws | ||||||
6 | relating to federal income taxes in effect
for the year | ||||||
7 | preceding the taxable year.
| ||||||
8 | "Life care facility that qualifies as a cooperative" means | ||||||
9 | a facility as
defined in Section 2 of the Life Care Facilities | ||||||
10 | Act.
| ||||||
11 | "Maximum income limitation" means: | ||||||
12 | (1) $35,000 prior
to taxable year 1999; | ||||||
13 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
14 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
15 | (4) $50,000 in taxable years 2006 and 2007; and | ||||||
16 | (5) $55,000 in taxable year 2008 and thereafter.
| ||||||
17 | "Residence" means the principal dwelling place and | ||||||
18 | appurtenant structures
used for residential purposes in this | ||||||
19 | State occupied on January 1 of the
taxable year by a household | ||||||
20 | and so much of the surrounding land, constituting
the parcel | ||||||
21 | upon which the dwelling place is situated, as is used for
| ||||||
22 | residential purposes. If the Chief County Assessment Officer | ||||||
23 | has established a
specific legal description for a portion of | ||||||
24 | property constituting the
residence, then that portion of | ||||||
25 | property shall be deemed the residence for the
purposes of this | ||||||
26 | Section.
|
| |||||||
| |||||||
1 | "Taxable year" means the calendar year during which ad | ||||||
2 | valorem property taxes
payable in the next succeeding year are | ||||||
3 | levied.
| ||||||
4 | (c) Beginning in taxable year 1994, a senior citizens | ||||||
5 | assessment freeze
homestead exemption is granted for real | ||||||
6 | property that is improved with a
permanent structure that is | ||||||
7 | occupied as a residence by an applicant who (i) is
65 years of | ||||||
8 | age or older during the taxable year, (ii) has a household | ||||||
9 | income that does not exceed the maximum income limitation, | ||||||
10 | (iii) is liable for paying real property taxes on
the
property, | ||||||
11 | and (iv) is an owner of record of the property or has a legal or
| ||||||
12 | equitable interest in the property as evidenced by a written | ||||||
13 | instrument. This
homestead exemption shall also apply to a | ||||||
14 | leasehold interest in a parcel of
property improved with a | ||||||
15 | permanent structure that is a single family residence
that is | ||||||
16 | occupied as a residence by a person who (i) is 65 years of age | ||||||
17 | or older
during the taxable year, (ii) has a household income | ||||||
18 | that does not exceed the maximum income limitation,
(iii)
has a | ||||||
19 | legal or equitable ownership interest in the property as | ||||||
20 | lessee, and (iv)
is liable for the payment of real property | ||||||
21 | taxes on that property.
| ||||||
22 | In counties of 3,000,000 or more inhabitants, the amount of | ||||||
23 | the exemption for all taxable years is the equalized assessed | ||||||
24 | value of the
residence in the taxable year for which | ||||||
25 | application is made minus the base
amount. In all other | ||||||
26 | counties, the amount of the exemption is as follows: (i) |
| |||||||
| |||||||
1 | through taxable year 2005 and for taxable year 2007 and | ||||||
2 | thereafter, the amount of this exemption shall be the equalized | ||||||
3 | assessed value of the
residence in the taxable year for which | ||||||
4 | application is made minus the base
amount; and (ii) for
taxable | ||||||
5 | year 2006, the amount of the exemption is as follows:
| ||||||
6 | (1) For an applicant who has a household income of | ||||||
7 | $45,000 or less, the amount of the exemption is the | ||||||
8 | equalized assessed value of the
residence in the taxable | ||||||
9 | year for which application is made minus the base
amount. | ||||||
10 | (2) For an applicant who has a household income | ||||||
11 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
12 | the exemption is (i) the equalized assessed value of the
| ||||||
13 | residence in the taxable year for which application is made | ||||||
14 | minus the base
amount (ii) multiplied by 0.8. | ||||||
15 | (3) For an applicant who has a household income | ||||||
16 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
17 | the exemption is (i) the equalized assessed value of the
| ||||||
18 | residence in the taxable year for which application is made | ||||||
19 | minus the base
amount (ii) multiplied by 0.6. | ||||||
20 | (4) For an applicant who has a household income | ||||||
21 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
22 | the exemption is (i) the equalized assessed value of the
| ||||||
23 | residence in the taxable year for which application is made | ||||||
24 | minus the base
amount (ii) multiplied by 0.4. | ||||||
25 | (5) For an applicant who has a household income | ||||||
26 | exceeding $48,750 but not exceeding $50,000, the amount of |
| |||||||
| |||||||
1 | the exemption is (i) the equalized assessed value of the
| ||||||
2 | residence in the taxable year for which application is made | ||||||
3 | minus the base
amount (ii) multiplied by 0.2.
| ||||||
4 | When the applicant is a surviving spouse of an applicant | ||||||
5 | for a prior year for
the same residence for which an exemption | ||||||
6 | under this Section has been granted,
the base year and base | ||||||
7 | amount for that residence are the same as for the
applicant for | ||||||
8 | the prior year.
| ||||||
9 | Each year at the time the assessment books are certified to | ||||||
10 | the County Clerk,
the Board of Review or Board of Appeals shall | ||||||
11 | give to the County Clerk a list
of the assessed values of | ||||||
12 | improvements on each parcel qualifying for this
exemption that | ||||||
13 | were added after the base year for this parcel and that
| ||||||
14 | increased the assessed value of the property.
| ||||||
15 | In the case of land improved with an apartment building | ||||||
16 | owned and operated as
a cooperative or a building that is a | ||||||
17 | life care facility that qualifies as a
cooperative, the maximum | ||||||
18 | reduction from the equalized assessed value of the
property is | ||||||
19 | limited to the sum of the reductions calculated for each unit
| ||||||
20 | occupied as a residence by a person or persons (i) 65 years of | ||||||
21 | age or older, (ii) with a
household income that does not exceed | ||||||
22 | the maximum income limitation, (iii) who is liable, by contract | ||||||
23 | with the
owner
or owners of record, for paying real property | ||||||
24 | taxes on the property, and (iv) who is
an owner of record of a | ||||||
25 | legal or equitable interest in the cooperative
apartment | ||||||
26 | building, other than a leasehold interest. In the instance of a
|
| |||||||
| |||||||
1 | cooperative where a homestead exemption has been granted under | ||||||
2 | this Section,
the cooperative association or its management | ||||||
3 | firm shall credit the savings
resulting from that exemption | ||||||
4 | only to the apportioned tax liability of the
owner who | ||||||
5 | qualified for the exemption. Any person who willfully refuses | ||||||
6 | to
credit that savings to an owner who qualifies for the | ||||||
7 | exemption is guilty of a
Class B misdemeanor.
| ||||||
8 | When a homestead exemption has been granted under this | ||||||
9 | Section and an
applicant then becomes a resident of a facility | ||||||
10 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
11 | Nursing Home
Care Act, the Specialized Mental Health | ||||||
12 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
13 | the MC/DD Act, the exemption shall be granted in subsequent | ||||||
14 | years so long as the
residence (i) continues to be occupied by | ||||||
15 | the qualified applicant's spouse or
(ii) if remaining | ||||||
16 | unoccupied, is still owned by the qualified applicant for the
| ||||||
17 | homestead exemption.
| ||||||
18 | Beginning January 1, 1997, when an individual dies who | ||||||
19 | would have qualified
for an exemption under this Section, and | ||||||
20 | the surviving spouse does not
independently qualify for this | ||||||
21 | exemption because of age, the exemption under
this Section | ||||||
22 | shall be granted to the surviving spouse for the taxable year
| ||||||
23 | preceding and the taxable
year of the death, provided that, | ||||||
24 | except for age, the surviving spouse meets
all
other | ||||||
25 | qualifications for the granting of this exemption for those | ||||||
26 | years.
|
| |||||||
| |||||||
1 | When married persons maintain separate residences, the | ||||||
2 | exemption provided for
in this Section may be claimed by only | ||||||
3 | one of such persons and for only one
residence.
| ||||||
4 | For taxable year 1994 only, in counties having less than | ||||||
5 | 3,000,000
inhabitants, to receive the exemption, a person shall | ||||||
6 | submit an application by
February 15, 1995 to the Chief County | ||||||
7 | Assessment Officer
of the county in which the property is | ||||||
8 | located. In counties having 3,000,000
or more inhabitants, for | ||||||
9 | taxable year 1994 and all subsequent taxable years, to
receive | ||||||
10 | the exemption, a person
may submit an application to the Chief | ||||||
11 | County
Assessment Officer of the county in which the property | ||||||
12 | is located during such
period as may be specified by the Chief | ||||||
13 | County Assessment Officer. The Chief
County Assessment Officer | ||||||
14 | in counties of 3,000,000 or more inhabitants shall
annually | ||||||
15 | give notice of the application period by mail or by | ||||||
16 | publication. In
counties having less than 3,000,000 | ||||||
17 | inhabitants, beginning with taxable year
1995 and thereafter, | ||||||
18 | to receive the exemption, a person
shall
submit an
application | ||||||
19 | by July 1 of each taxable year to the Chief County Assessment
| ||||||
20 | Officer of the county in which the property is located. A | ||||||
21 | county may, by
ordinance, establish a date for submission of | ||||||
22 | applications that is
different than
July 1.
The applicant shall | ||||||
23 | submit with the
application an affidavit of the applicant's | ||||||
24 | total household income, age,
marital status (and if married the | ||||||
25 | name and address of the applicant's spouse,
if known), and | ||||||
26 | principal dwelling place of members of the household on January
|
| |||||||
| |||||||
1 | 1 of the taxable year. The Department shall establish, by rule, | ||||||
2 | a method for
verifying the accuracy of affidavits filed by | ||||||
3 | applicants under this Section, and the Chief County Assessment | ||||||
4 | Officer may conduct audits of any taxpayer claiming an | ||||||
5 | exemption under this Section to verify that the taxpayer is | ||||||
6 | eligible to receive the exemption. Each application shall | ||||||
7 | contain or be verified by a written declaration that it is made | ||||||
8 | under the penalties of perjury. A taxpayer's signing a | ||||||
9 | fraudulent application under this Act is perjury, as defined in | ||||||
10 | Section 32-2 of the Criminal Code of 2012.
The applications | ||||||
11 | shall be clearly marked as applications for the Senior
Citizens | ||||||
12 | Assessment Freeze Homestead Exemption and must contain a notice | ||||||
13 | that any taxpayer who receives the exemption is subject to an | ||||||
14 | audit by the Chief County Assessment Officer.
| ||||||
15 | Notwithstanding any other provision to the contrary, in | ||||||
16 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
17 | applicant fails
to file the application required by this | ||||||
18 | Section in a timely manner and this
failure to file is due to a | ||||||
19 | mental or physical condition sufficiently severe so
as to | ||||||
20 | render the applicant incapable of filing the application in a | ||||||
21 | timely
manner, the Chief County Assessment Officer may extend | ||||||
22 | the filing deadline for
a period of 30 days after the applicant | ||||||
23 | regains the capability to file the
application, but in no case | ||||||
24 | may the filing deadline be extended beyond 3
months of the | ||||||
25 | original filing deadline. In order to receive the extension
| ||||||
26 | provided in this paragraph, the applicant shall provide the |
| |||||||
| |||||||
1 | Chief County
Assessment Officer with a signed statement from | ||||||
2 | the applicant's physician, advanced practice registered nurse, | ||||||
3 | or physician assistant
stating the nature and extent of the | ||||||
4 | condition, that, in the
physician's, advanced practice | ||||||
5 | registered nurse's, or physician assistant's opinion, the | ||||||
6 | condition was so severe that it rendered the applicant
| ||||||
7 | incapable of filing the application in a timely manner, and the | ||||||
8 | date on which
the applicant regained the capability to file the | ||||||
9 | application.
| ||||||
10 | Beginning January 1, 1998, notwithstanding any other | ||||||
11 | provision to the
contrary, in counties having fewer than | ||||||
12 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
13 | application required by this Section in a timely manner and
| ||||||
14 | this failure to file is due to a mental or physical condition | ||||||
15 | sufficiently
severe so as to render the applicant incapable of | ||||||
16 | filing the application in a
timely manner, the Chief County | ||||||
17 | Assessment Officer may extend the filing
deadline for a period | ||||||
18 | of 3 months. In order to receive the extension provided
in this | ||||||
19 | paragraph, the applicant shall provide the Chief County | ||||||
20 | Assessment
Officer with a signed statement from the applicant's | ||||||
21 | physician, advanced practice registered nurse, or physician | ||||||
22 | assistant stating the
nature and extent of the condition, and | ||||||
23 | that, in the physician's, advanced practice registered | ||||||
24 | nurse's, or physician assistant's opinion, the
condition was so | ||||||
25 | severe that it rendered the applicant incapable of filing the
| ||||||
26 | application in a timely manner.
|
| |||||||
| |||||||
1 | In counties having less than 3,000,000 inhabitants, if an | ||||||
2 | applicant was
denied an exemption in taxable year 1994 and the | ||||||
3 | denial occurred due to an
error on the part of an assessment
| ||||||
4 | official, or his or her agent or employee, then beginning in | ||||||
5 | taxable year 1997
the
applicant's base year, for purposes of | ||||||
6 | determining the amount of the exemption,
shall be 1993 rather | ||||||
7 | than 1994. In addition, in taxable year 1997, the
applicant's | ||||||
8 | exemption shall also include an amount equal to (i) the amount | ||||||
9 | of
any exemption denied to the applicant in taxable year 1995 | ||||||
10 | as a result of using
1994, rather than 1993, as the base year, | ||||||
11 | (ii) the amount of any exemption
denied to the applicant in | ||||||
12 | taxable year 1996 as a result of using 1994, rather
than 1993, | ||||||
13 | as the base year, and (iii) the amount of the exemption | ||||||
14 | erroneously
denied for taxable year 1994.
| ||||||
15 | For purposes of this Section, a person who will be 65 years | ||||||
16 | of age during the
current taxable year shall be eligible to | ||||||
17 | apply for the homestead exemption
during that taxable year. | ||||||
18 | Application shall be made during the application
period in | ||||||
19 | effect for the county of his or her residence.
| ||||||
20 | The Chief County Assessment Officer may determine the | ||||||
21 | eligibility of a life
care facility that qualifies as a | ||||||
22 | cooperative to receive the benefits
provided by this Section by | ||||||
23 | use of an affidavit, application, visual
inspection, | ||||||
24 | questionnaire, or other reasonable method in order to insure | ||||||
25 | that
the tax savings resulting from the exemption are credited | ||||||
26 | by the management
firm to the apportioned tax liability of each |
| |||||||
| |||||||
1 | qualifying resident. The Chief
County Assessment Officer may | ||||||
2 | request reasonable proof that the management firm
has so | ||||||
3 | credited that exemption.
| ||||||
4 | Except as provided in this Section, all information | ||||||
5 | received by the chief
county assessment officer or the | ||||||
6 | Department from applications filed under this
Section, or from | ||||||
7 | any investigation conducted under the provisions of this
| ||||||
8 | Section, shall be confidential, except for official purposes or
| ||||||
9 | pursuant to official procedures for collection of any State or | ||||||
10 | local tax or
enforcement of any civil or criminal penalty or | ||||||
11 | sanction imposed by this Act or
by any statute or ordinance | ||||||
12 | imposing a State or local tax. Any person who
divulges any such | ||||||
13 | information in any manner, except in accordance with a proper
| ||||||
14 | judicial order, is guilty of a Class A misdemeanor.
| ||||||
15 | Nothing contained in this Section shall prevent the | ||||||
16 | Director or chief county
assessment officer from publishing or | ||||||
17 | making available reasonable statistics
concerning the | ||||||
18 | operation of the exemption contained in this Section in which
| ||||||
19 | the contents of claims are grouped into aggregates in such a | ||||||
20 | way that
information contained in any individual claim shall | ||||||
21 | not be disclosed.
| ||||||
22 | (d) Each Chief County Assessment Officer shall annually | ||||||
23 | publish a notice
of availability of the exemption provided | ||||||
24 | under this Section. The notice
shall be published at least 60 | ||||||
25 | days but no more than 75 days prior to the date
on which the | ||||||
26 | application must be submitted to the Chief County Assessment
|
| |||||||
| |||||||
1 | Officer of the county in which the property is located. The | ||||||
2 | notice shall
appear in a newspaper of general circulation in | ||||||
3 | the county.
| ||||||
4 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
5 | no reimbursement by the State is required for the | ||||||
6 | implementation of any mandate created by this Section.
| ||||||
7 | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||||||
8 | 99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff. | ||||||
9 | 7-28-16 .) | ||||||
10 | Section 75. The Counties Code is amended by changing | ||||||
11 | Sections 3-14049, 3-15003.6, and 5-1069 as follows:
| ||||||
12 | (55 ILCS 5/3-14049) (from Ch. 34, par. 3-14049)
| ||||||
13 | Sec. 3-14049. Appointment of physicians and nurses for the | ||||||
14 | poor
and mentally ill persons. The appointment, employment and | ||||||
15 | removal by the
Board of Commissioners of Cook County of all | ||||||
16 | physicians and surgeons, advanced practice registered nurses, | ||||||
17 | physician assistants, and
nurses for the care and treatment of | ||||||
18 | the sick, poor, mentally ill or
persons in need of mental | ||||||
19 | treatment of said county shall be made only in
conformity with | ||||||
20 | rules prescribed by the County Civil Service Commission to
| ||||||
21 | accomplish the purposes of this Section.
| ||||||
22 | The Board of Commissioners of Cook County may provide that | ||||||
23 | all such
physicians and surgeons who serve without compensation | ||||||
24 | shall be appointed
for a term to be fixed by the Board, and |
| |||||||
| |||||||
1 | that the physicians and surgeons
usually designated and known | ||||||
2 | as interns shall be appointed for a term to
be fixed by the | ||||||
3 | Board: Provided, that there may also, at the discretion of
the | ||||||
4 | board, be a consulting staff of physicians and surgeons, which | ||||||
5 | staff
may be appointed by the president, subject to the | ||||||
6 | approval of the board,
and provided further, that the Board may | ||||||
7 | contract with any recognized
training school or any program for | ||||||
8 | health professionals for health care services of any or all of | ||||||
9 | such sick or mentally ill
or persons in need of mental | ||||||
10 | treatment.
| ||||||
11 | (Source: P.A. 99-581, eff. 1-1-17 .)
| ||||||
12 | (55 ILCS 5/3-15003.6)
| ||||||
13 | Sec. 3-15003.6. Pregnant female prisoners. | ||||||
14 | (a) Definitions. For the purpose of this Section: | ||||||
15 | (1) "Restraints" means any physical restraint or | ||||||
16 | mechanical device used to control the movement of a | ||||||
17 | prisoner's body or limbs, or both, including, but not | ||||||
18 | limited to, flex cuffs, soft restraints, hard metal | ||||||
19 | handcuffs, a black box, Chubb cuffs, leg irons, belly | ||||||
20 | chains, a security (tether) chain, or a convex shield, or | ||||||
21 | shackles of any kind. | ||||||
22 | (2) "Labor" means the period of time before a birth and | ||||||
23 | shall include any medical condition in which a woman is | ||||||
24 | sent or brought to the hospital for the purpose of | ||||||
25 | delivering her baby. These situations include: induction |
| |||||||
| |||||||
1 | of labor, prodromal labor, pre-term labor, prelabor | ||||||
2 | rupture of membranes, the 3 stages of active labor, uterine | ||||||
3 | hemorrhage during the third trimester of pregnancy, and | ||||||
4 | caesarian delivery including pre-operative preparation. | ||||||
5 | (3) "Post-partum" means, as determined by her | ||||||
6 | physician, advanced practice registered nurse, or | ||||||
7 | physician assistant, the period immediately following | ||||||
8 | delivery, including the entire period a woman is in the | ||||||
9 | hospital or infirmary after birth. | ||||||
10 | (4) "Correctional institution" means any entity under | ||||||
11 | the authority of a county law enforcement division of a | ||||||
12 | county of more than 3,000,000 inhabitants that has the | ||||||
13 | power to detain or restrain, or both, a person under the | ||||||
14 | laws of the State. | ||||||
15 | (5) "Corrections official" means the official that is | ||||||
16 | responsible for oversight of a correctional institution, | ||||||
17 | or his or her designee. | ||||||
18 | (6) "Prisoner" means any person incarcerated or | ||||||
19 | detained in any facility who is accused of, convicted of, | ||||||
20 | sentenced for, or adjudicated delinquent for, violations | ||||||
21 | of criminal law or the terms and conditions of parole, | ||||||
22 | probation, pretrial release, or diversionary program, and | ||||||
23 | any person detained under the immigration laws of the | ||||||
24 | United States at any correctional facility. | ||||||
25 | (7) "Extraordinary circumstance" means an | ||||||
26 | extraordinary medical or security circumstance, including |
| |||||||
| |||||||
1 | a substantial flight risk, that dictates restraints be used | ||||||
2 | to ensure the safety and security of the prisoner, the | ||||||
3 | staff of the correctional institution or medical facility, | ||||||
4 | other prisoners, or the public. | ||||||
5 | (b) A county department of corrections shall not apply | ||||||
6 | security restraints to a prisoner that has been determined by a | ||||||
7 | qualified medical professional to be pregnant and is known by | ||||||
8 | the county department of corrections to be pregnant or in | ||||||
9 | postpartum recovery, which is the entire period a woman is in | ||||||
10 | the medical facility after birth, unless the corrections | ||||||
11 | official makes an individualized determination that the | ||||||
12 | prisoner presents a substantial flight risk or some other | ||||||
13 | extraordinary circumstance that dictates security restraints | ||||||
14 | be used to ensure the safety and security of the prisoner, her | ||||||
15 | child or unborn child, the staff of the county department of | ||||||
16 | corrections or medical facility, other prisoners, or the | ||||||
17 | public. The protections set out in clauses (b)(3) and (b)(4) of | ||||||
18 | this Section shall apply to security restraints used pursuant | ||||||
19 | to this subsection. The corrections official shall immediately | ||||||
20 | remove all restraints upon the written or oral request of | ||||||
21 | medical personnel. Oral requests made by medical personnel | ||||||
22 | shall be verified in writing as promptly as reasonably | ||||||
23 | possible. | ||||||
24 | (1) Qualified authorized health staff shall have the | ||||||
25 | authority to order therapeutic restraints for a pregnant or | ||||||
26 | postpartum prisoner who is a danger to herself, her child, |
| |||||||
| |||||||
1 | unborn child, or other persons due to a psychiatric or | ||||||
2 | medical disorder. Therapeutic restraints may only be | ||||||
3 | initiated, monitored and discontinued by qualified and | ||||||
4 | authorized health staff and used to safely limit a | ||||||
5 | prisoner's mobility for psychiatric or medical reasons. No | ||||||
6 | order for therapeutic restraints shall be written unless | ||||||
7 | medical or mental health personnel, after personally | ||||||
8 | observing and examining the prisoner, are clinically | ||||||
9 | satisfied that the use of therapeutic restraints is | ||||||
10 | justified and permitted in accordance with hospital | ||||||
11 | policies and applicable State law. Metal handcuffs or | ||||||
12 | shackles are not considered therapeutic restraints. | ||||||
13 | (2) Whenever therapeutic restraints are used by | ||||||
14 | medical personnel, Section 2-108 of the Mental Health and | ||||||
15 | Developmental Disabilities Code shall apply. | ||||||
16 | (3) Leg irons, shackles or waist shackles shall not be | ||||||
17 | used on any pregnant or postpartum prisoner regardless of | ||||||
18 | security classification. Except for therapeutic restraints | ||||||
19 | under clause (b)(2), no restraints of any kind may be | ||||||
20 | applied to prisoners during labor. | ||||||
21 | (4) When a pregnant or postpartum prisoner must be | ||||||
22 | restrained, restraints used shall be the least restrictive | ||||||
23 | restraints possible to ensure the safety and security of | ||||||
24 | the prisoner, her child, unborn child, the staff of the | ||||||
25 | county department of corrections or medical facility, | ||||||
26 | other prisoners, or the public, and in no case shall |
| |||||||
| |||||||
1 | include leg irons, shackles or waist shackles. | ||||||
2 | (5) Upon the pregnant prisoner's entry into a hospital | ||||||
3 | room, and completion of initial room inspection, a | ||||||
4 | corrections official shall be posted immediately outside | ||||||
5 | the hospital room, unless requested to be in the room by | ||||||
6 | medical personnel attending to the prisoner's medical | ||||||
7 | needs. | ||||||
8 | (6) The county department of corrections shall provide | ||||||
9 | adequate corrections personnel to monitor the pregnant | ||||||
10 | prisoner during her transport to and from the hospital and | ||||||
11 | during her stay at the hospital. | ||||||
12 | (7) Where the county department of corrections | ||||||
13 | requires prisoner safety assessments, a corrections | ||||||
14 | official may enter the hospital room to conduct periodic | ||||||
15 | prisoner safety assessments, except during a medical | ||||||
16 | examination or the delivery process. | ||||||
17 | (8) Upon discharge from a medical facility, postpartum | ||||||
18 | prisoners shall be restrained only with handcuffs in front | ||||||
19 | of the body during transport to the county department of | ||||||
20 | corrections. A corrections official shall immediately | ||||||
21 | remove all security restraints upon written or oral request | ||||||
22 | by medical personnel. Oral requests made by medical | ||||||
23 | personnel shall be verified in writing as promptly as | ||||||
24 | reasonably possible. | ||||||
25 | (c) Enforcement.
No later than 30 days before the end of | ||||||
26 | each fiscal year, the county sheriff or corrections official of |
| |||||||
| |||||||
1 | the correctional institution where a pregnant prisoner has been | ||||||
2 | restrained during that previous fiscal year, shall submit a | ||||||
3 | written report to the Illinois General Assembly and the Office | ||||||
4 | of the Governor that includes an account of every instance of | ||||||
5 | prisoner restraint pursuant to this Section. The written report | ||||||
6 | shall state the date, time, location and rationale for each | ||||||
7 | instance in which restraints are used. The written report shall | ||||||
8 | not contain any individually identifying information of any | ||||||
9 | prisoner. Such reports shall be made available for public | ||||||
10 | inspection.
| ||||||
11 | (Source: P.A. 99-581, eff. 1-1-17 .)
| ||||||
12 | (55 ILCS 5/5-1069) (from Ch. 34, par. 5-1069)
| ||||||
13 | Sec. 5-1069. Group life, health, accident, hospital, and | ||||||
14 | medical
insurance. | ||||||
15 | (a) The county board of any county may arrange to provide, | ||||||
16 | for
the benefit of employees of the county, group life, health, | ||||||
17 | accident, hospital,
and medical insurance, or any one or any | ||||||
18 | combination of those types of
insurance, or the county board | ||||||
19 | may self-insure, for the benefit of its
employees, all or a | ||||||
20 | portion of the employees' group life, health, accident,
| ||||||
21 | hospital, and medical insurance, or any one or any combination | ||||||
22 | of those
types of insurance, including a combination of | ||||||
23 | self-insurance and other
types of insurance authorized by this | ||||||
24 | Section, provided that the county
board complies with all other | ||||||
25 | requirements of this Section. The insurance
may include |
| |||||||
| |||||||
1 | provision for employees who rely on treatment by prayer or
| ||||||
2 | spiritual means alone for healing in accordance with the tenets | ||||||
3 | and
practice of a well recognized religious denomination. The | ||||||
4 | county board may
provide for payment by the county of a portion | ||||||
5 | or all of the premium or
charge for the insurance with the | ||||||
6 | employee paying the balance of the
premium or charge, if any. | ||||||
7 | If the county board undertakes a plan under
which the county | ||||||
8 | pays only a portion of the premium or charge, the county
board | ||||||
9 | shall provide for withholding and deducting from the | ||||||
10 | compensation of
those employees who consent to join the plan | ||||||
11 | the balance of the premium or
charge for the insurance.
| ||||||
12 | (b) If the county board does not provide for self-insurance | ||||||
13 | or for a plan
under which the county pays a portion or all of | ||||||
14 | the premium or charge for a
group insurance plan, the county | ||||||
15 | board may provide for withholding and
deducting from the | ||||||
16 | compensation of those employees who consent thereto the
total | ||||||
17 | premium or charge for any group life, health, accident, | ||||||
18 | hospital, and
medical insurance.
| ||||||
19 | (c) The county board may exercise the powers granted in | ||||||
20 | this Section only if
it provides for self-insurance or, where | ||||||
21 | it makes arrangements to provide
group insurance through an | ||||||
22 | insurance carrier, if the kinds of group
insurance are obtained | ||||||
23 | from an insurance company authorized to do business
in the | ||||||
24 | State of Illinois. The county board may enact an ordinance
| ||||||
25 | prescribing the method of operation of the insurance program.
| ||||||
26 | (d) If a county, including a home rule county, is a |
| |||||||
| |||||||
1 | self-insurer for
purposes of providing health insurance | ||||||
2 | coverage for its employees, the
insurance coverage shall | ||||||
3 | include screening by low-dose mammography for all
women 35 | ||||||
4 | years of age or older for the presence of occult breast cancer
| ||||||
5 | unless the county elects to provide mammograms itself under | ||||||
6 | Section
5-1069.1. The coverage shall be as follows:
| ||||||
7 |
(1) A baseline mammogram for women 35 to 39 years of | ||||||
8 | age.
| ||||||
9 |
(2) An annual mammogram for women 40 years of age or | ||||||
10 | older.
| ||||||
11 | (3) A mammogram at the age and intervals considered | ||||||
12 | medically necessary by the woman's health care provider for | ||||||
13 | women under 40 years of age and having a family history of | ||||||
14 | breast cancer, prior personal history of breast cancer, | ||||||
15 | positive genetic testing, or other risk factors. | ||||||
16 | (4) A comprehensive ultrasound screening of an entire | ||||||
17 | breast or breasts if a mammogram demonstrates | ||||||
18 | heterogeneous or dense breast tissue, when medically | ||||||
19 | necessary as determined by a physician licensed to practice | ||||||
20 | medicine in all of its branches, advanced practice | ||||||
21 | registered nurse, or physician assistant. | ||||||
22 | For purposes of this subsection, "low-dose mammography"
| ||||||
23 | means the x-ray examination of the breast using equipment | ||||||
24 | dedicated
specifically for mammography, including the x-ray | ||||||
25 | tube, filter, compression
device, and image receptor, with an | ||||||
26 | average radiation exposure
delivery of less than one rad per |
| |||||||
| |||||||
1 | breast for 2 views of an average size breast. The term also | ||||||
2 | includes digital mammography. | ||||||
3 | (d-5) Coverage as described by subsection (d) shall be | ||||||
4 | provided at no cost to the insured and shall not be applied to | ||||||
5 | an annual or lifetime maximum benefit. | ||||||
6 | (d-10) When health care services are available through | ||||||
7 | contracted providers and a person does not comply with plan | ||||||
8 | provisions specific to the use of contracted providers, the | ||||||
9 | requirements of subsection (d-5) are not applicable. When a | ||||||
10 | person does not comply with plan provisions specific to the use | ||||||
11 | of contracted providers, plan provisions specific to the use of | ||||||
12 | non-contracted providers must be applied without distinction | ||||||
13 | for coverage required by this Section and shall be at least as | ||||||
14 | favorable as for other radiological examinations covered by the | ||||||
15 | policy or contract. | ||||||
16 | (d-15) If a county, including a home rule county, is a | ||||||
17 | self-insurer for purposes of providing health insurance | ||||||
18 | coverage for its employees, the insurance coverage shall | ||||||
19 | include mastectomy coverage, which includes coverage for | ||||||
20 | prosthetic devices or reconstructive surgery incident to the | ||||||
21 | mastectomy. Coverage for breast reconstruction in connection | ||||||
22 | with a mastectomy shall include: | ||||||
23 | (1) reconstruction of the breast upon which the | ||||||
24 | mastectomy has been performed; | ||||||
25 | (2) surgery and reconstruction of the other breast to | ||||||
26 | produce a symmetrical appearance; and |
| |||||||
| |||||||
1 | (3) prostheses and treatment for physical | ||||||
2 | complications at all stages of mastectomy, including | ||||||
3 | lymphedemas. | ||||||
4 | Care shall be determined in consultation with the attending | ||||||
5 | physician and the patient. The offered coverage for prosthetic | ||||||
6 | devices and reconstructive surgery shall be subject to the | ||||||
7 | deductible and coinsurance conditions applied to the | ||||||
8 | mastectomy, and all other terms and conditions applicable to | ||||||
9 | other benefits. When a mastectomy is performed and there is no | ||||||
10 | evidence of malignancy then the offered coverage may be limited | ||||||
11 | to the provision of prosthetic devices and reconstructive | ||||||
12 | surgery to within 2 years after the date of the mastectomy. As | ||||||
13 | used in this Section, "mastectomy" means the removal of all or | ||||||
14 | part of the breast for medically necessary reasons, as | ||||||
15 | determined by a licensed physician. | ||||||
16 | A county, including a home rule county, that is a | ||||||
17 | self-insurer for purposes of providing health insurance | ||||||
18 | coverage for its employees, may not penalize or reduce or limit | ||||||
19 | the reimbursement of an attending provider or provide | ||||||
20 | incentives (monetary or otherwise) to an attending provider to | ||||||
21 | induce the provider to provide care to an insured in a manner | ||||||
22 | inconsistent with this Section. | ||||||
23 | (d-20) The
requirement that mammograms be included in | ||||||
24 | health insurance coverage as
provided in subsections (d) | ||||||
25 | through (d-15) is an exclusive power and function of the
State | ||||||
26 | and is a denial and limitation under Article VII, Section 6,
|
| |||||||
| |||||||
1 | subsection (h) of the Illinois Constitution of home rule county | ||||||
2 | powers. A
home rule county to which subsections (d) through | ||||||
3 | (d-15) apply must comply with every
provision of those | ||||||
4 | subsections.
| ||||||
5 | (e) The term "employees" as used in this Section includes | ||||||
6 | elected or
appointed officials but does not include temporary | ||||||
7 | employees.
| ||||||
8 | (f) The county board may, by ordinance, arrange to provide | ||||||
9 | group life,
health, accident, hospital, and medical insurance, | ||||||
10 | or any one or a combination
of those types of insurance, under | ||||||
11 | this Section to retired former employees and
retired former | ||||||
12 | elected or appointed officials of the county.
| ||||||
13 | (g) Rulemaking authority to implement this amendatory Act | ||||||
14 | of the 95th General Assembly, if any, is conditioned on the | ||||||
15 | rules being adopted in accordance with all provisions of the | ||||||
16 | Illinois Administrative Procedure Act and all rules and | ||||||
17 | procedures of the Joint Committee on Administrative Rules; any | ||||||
18 | purported rule not so adopted, for whatever reason, is | ||||||
19 | unauthorized. | ||||||
20 | (Source: P.A. 99-581, eff. 1-1-17 .)
| ||||||
21 | Section 80. The Illinois Municipal Code is amended by | ||||||
22 | changing Sections 10-1-38.1 and 10-2.1-18 as follows:
| ||||||
23 | (65 ILCS 5/10-1-38.1) (from Ch. 24, par. 10-1-38.1)
| ||||||
24 | Sec. 10-1-38.1.
When the force of the Fire Department or of |
| |||||||
| |||||||
1 | the Police
Department is reduced, and positions displaced or | ||||||
2 | abolished, seniority
shall prevail, and the officers and | ||||||
3 | members so reduced in rank, or removed
from the service of the | ||||||
4 | Fire Department or of the Police Department shall
be considered | ||||||
5 | furloughed without pay from the positions from which they
were | ||||||
6 | reduced or removed.
| ||||||
7 | Such reductions and removals shall be in strict compliance | ||||||
8 | with
seniority and in no event shall any officer or member be | ||||||
9 | reduced more than
one rank in a reduction of force. Officers | ||||||
10 | and members with the least
seniority in the position to be | ||||||
11 | reduced shall be reduced to the next lower
rated position. For | ||||||
12 | purposes of determining which officers and members
will be | ||||||
13 | reduced in rank, seniority shall be determined by adding the | ||||||
14 | time
spent at the rank or position from which the officer or | ||||||
15 | member is to be
reduced and the time spent at any higher rank | ||||||
16 | or position in the
Department. For purposes of determining | ||||||
17 | which officers or members in the
lowest rank or position shall | ||||||
18 | be removed from the Department in the event
of a layoff, length | ||||||
19 | of service in the Department shall be the basis for
determining | ||||||
20 | seniority, with the least senior such officer or member being
| ||||||
21 | the first so removed and laid off. Such officers or members | ||||||
22 | laid off shall
have their names placed on an appropriate | ||||||
23 | reemployment list in the reverse
order of dates of layoff.
| ||||||
24 | If any positions which have been vacated because of | ||||||
25 | reduction in forces
or displacement and abolition of positions, | ||||||
26 | are reinstated, such members
and officers of the Fire |
| |||||||
| |||||||
1 | Department or of the Police Department as are
furloughed from | ||||||
2 | the said positions shall be notified by registered mail of
such | ||||||
3 | reinstatement of positions and shall have prior right to such
| ||||||
4 | positions if otherwise qualified, and in all cases seniority | ||||||
5 | shall prevail.
Written application for such reinstated | ||||||
6 | position must be made by the
furloughed person within 30 days | ||||||
7 | after notification as above provided and
such person may be | ||||||
8 | required to submit to examination by physicians, advanced | ||||||
9 | practice registered nurses, or physician assistants of both
the | ||||||
10 | commission and the appropriate pension board to determine his | ||||||
11 | physical
fitness.
| ||||||
12 | (Source: P.A. 99-581, eff. 1-1-17 .)
| ||||||
13 | (65 ILCS 5/10-2.1-18) (from Ch. 24, par. 10-2.1-18)
| ||||||
14 | Sec. 10-2.1-18. Fire or police departments - Reduction of | ||||||
15 | force -
Reinstatement. When the force of the fire department or | ||||||
16 | of the police
department is reduced, and positions displaced or | ||||||
17 | abolished, seniority
shall prevail and the officers and members | ||||||
18 | so reduced in rank, or removed
from the service of the fire | ||||||
19 | department or of the police department shall
be considered | ||||||
20 | furloughed without pay from the positions from which they
were | ||||||
21 | reduced or removed.
| ||||||
22 | Such reductions and removals shall be in strict compliance | ||||||
23 | with
seniority and in no event shall any officer or member be | ||||||
24 | reduced more than
one rank in a reduction of force. Officers | ||||||
25 | and members with the least
seniority in the position to be |
| |||||||
| |||||||
1 | reduced shall be reduced to the next lower
rated position. For | ||||||
2 | purposes of determining which officers and members
will be | ||||||
3 | reduced in rank, seniority shall be determined by adding the | ||||||
4 | time
spent at the rank or position from which the officer or | ||||||
5 | member is to be
reduced and the time spent at any higher rank | ||||||
6 | or position in the
Department. For purposes of determining | ||||||
7 | which officers or members in the
lowest rank or position shall | ||||||
8 | be removed from the Department in the event
of a layoff, length | ||||||
9 | of service in the Department shall be the basis for
determining | ||||||
10 | seniority, with the least senior such officer or member being
| ||||||
11 | the first so removed and laid off. Such officers or members | ||||||
12 | laid off shall
have their names placed on an appropriate | ||||||
13 | reemployment list in the reverse
order of dates of layoff.
| ||||||
14 | If any positions which have been vacated because of | ||||||
15 | reduction in forces
or displacement and abolition of positions, | ||||||
16 | are reinstated, such members
and officers of the fire | ||||||
17 | department or of the police department as are
furloughed from | ||||||
18 | the said positions shall be notified by the board by
registered | ||||||
19 | mail of such reinstatement of positions and shall have prior
| ||||||
20 | right to such positions if otherwise qualified, and in all | ||||||
21 | cases seniority
shall prevail. Written application for such | ||||||
22 | reinstated position must be
made by the furloughed person | ||||||
23 | within 30 days after notification as above
provided and such | ||||||
24 | person may be required to submit to examination by
physicians, | ||||||
25 | advanced practice registered nurses, or physician assistants | ||||||
26 | of both the board of fire and police commissioners and the
|
| |||||||
| |||||||
1 | appropriate pension board to determine his physical fitness.
| ||||||
2 | (Source: P.A. 99-581, eff. 1-1-17 .)
| ||||||
3 | Section 85. The School Code is amended by changing Sections | ||||||
4 | 22-30, 22-80, 24-5, 24-6, 26-1, and 27-8.1 as follows:
| ||||||
5 | (105 ILCS 5/22-30)
| ||||||
6 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
7 | medication and epinephrine auto-injectors; administration of | ||||||
8 | undesignated epinephrine auto-injectors; administration of an | ||||||
9 | opioid antagonist; asthma episode emergency response protocol.
| ||||||
10 | (a) For the purpose of this Section only, the following | ||||||
11 | terms shall have the meanings set forth below:
| ||||||
12 | "Asthma action plan" means a written plan developed with a | ||||||
13 | pupil's medical provider to help control the pupil's asthma. | ||||||
14 | The goal of an asthma action plan is to reduce or prevent | ||||||
15 | flare-ups and emergency department visits through day-to-day | ||||||
16 | management and to serve as a student-specific document to be | ||||||
17 | referenced in the event of an asthma episode. | ||||||
18 | "Asthma episode emergency response protocol" means a | ||||||
19 | procedure to provide assistance to a pupil experiencing | ||||||
20 | symptoms of wheezing, coughing, shortness of breath, chest | ||||||
21 | tightness, or breathing difficulty. | ||||||
22 | "Asthma inhaler" means a quick reliever asthma inhaler. | ||||||
23 | "Epinephrine auto-injector" means a single-use device used | ||||||
24 | for the automatic injection of a pre-measured dose of |
| |||||||
| |||||||
1 | epinephrine into the human body.
| ||||||
2 | "Asthma medication" means a medicine, prescribed by (i) a | ||||||
3 | physician
licensed to practice medicine in all its branches,
| ||||||
4 | (ii) a licensed physician assistant with prescriptive | ||||||
5 | authority , or (iii) a licensed advanced practice registered
| ||||||
6 | nurse with prescriptive authority
for a pupil that pertains to | ||||||
7 | the pupil's
asthma and that has an individual prescription | ||||||
8 | label.
| ||||||
9 | "Opioid antagonist" means a drug that binds to opioid | ||||||
10 | receptors and blocks or inhibits the effect of opioids acting | ||||||
11 | on those receptors, including, but not limited to, naloxone | ||||||
12 | hydrochloride or any other similarly acting drug approved by | ||||||
13 | the U.S. Food and Drug Administration. | ||||||
14 | "School nurse" means a registered nurse working in a school | ||||||
15 | with or without licensure endorsed in school nursing. | ||||||
16 | "Self-administration" means a pupil's discretionary use of | ||||||
17 | his or
her prescribed asthma medication or epinephrine | ||||||
18 | auto-injector.
| ||||||
19 | "Self-carry" means a pupil's ability to carry his or her | ||||||
20 | prescribed asthma medication or epinephrine auto-injector. | ||||||
21 | "Standing protocol" may be issued by (i) a physician | ||||||
22 | licensed to practice medicine in all its branches, (ii) a | ||||||
23 | licensed physician assistant with prescriptive authority , or | ||||||
24 | (iii) a licensed advanced practice registered nurse with | ||||||
25 | prescriptive authority. | ||||||
26 | "Trained personnel" means any school employee or volunteer |
| |||||||
| |||||||
1 | personnel authorized in Sections 10-22.34, 10-22.34a, and | ||||||
2 | 10-22.34b of this Code who has completed training under | ||||||
3 | subsection (g) of this Section to recognize and respond to | ||||||
4 | anaphylaxis. | ||||||
5 | "Undesignated epinephrine auto-injector" means an | ||||||
6 | epinephrine auto-injector prescribed in the name of a school | ||||||
7 | district, public school, or nonpublic school. | ||||||
8 | (b) A school, whether public or nonpublic, must permit the
| ||||||
9 | self-administration and self-carry of asthma
medication by a | ||||||
10 | pupil with asthma or the self-administration and self-carry of | ||||||
11 | an epinephrine auto-injector by a pupil, provided that:
| ||||||
12 | (1) the parents or
guardians of the pupil provide to | ||||||
13 | the school (i) written
authorization from the parents or | ||||||
14 | guardians for (A) the self-administration and self-carry | ||||||
15 | of asthma medication or (B) the self-carry of asthma | ||||||
16 | medication or (ii) for (A) the self-administration and | ||||||
17 | self-carry of an epinephrine auto-injector or (B) the | ||||||
18 | self-carry of an epinephrine auto-injector, written | ||||||
19 | authorization from the pupil's physician, physician | ||||||
20 | assistant, or advanced practice registered nurse; and
| ||||||
21 | (2) the
parents or guardians of the pupil provide to | ||||||
22 | the school (i) the prescription label, which must contain | ||||||
23 | the name of the asthma medication, the prescribed dosage, | ||||||
24 | and the time at which or circumstances under which the | ||||||
25 | asthma medication is to be administered, or (ii) for the | ||||||
26 | self-administration or self-carry of an epinephrine |
| |||||||
| |||||||
1 | auto-injector, a
written
statement from the pupil's | ||||||
2 | physician, physician assistant, or advanced practice | ||||||
3 | registered
nurse containing
the following information:
| ||||||
4 | (A) the name and purpose of the epinephrine | ||||||
5 | auto-injector;
| ||||||
6 | (B) the prescribed dosage; and
| ||||||
7 | (C) the time or times at which or the special | ||||||
8 | circumstances
under which the epinephrine | ||||||
9 | auto-injector is to be administered.
| ||||||
10 | The information provided shall be kept on file in the office of | ||||||
11 | the school
nurse or,
in the absence of a school nurse, the | ||||||
12 | school's administrator.
| ||||||
13 | (b-5) A school district, public school, or nonpublic school | ||||||
14 | may authorize the provision of a student-specific or | ||||||
15 | undesignated epinephrine auto-injector to a student or any | ||||||
16 | personnel authorized under a student's Individual Health Care | ||||||
17 | Action Plan, Illinois Food Allergy Emergency Action Plan and | ||||||
18 | Treatment Authorization Form, or plan pursuant to Section 504 | ||||||
19 | of the federal Rehabilitation Act of 1973 to administer an | ||||||
20 | epinephrine auto-injector to the student, that meets the | ||||||
21 | student's prescription on file. | ||||||
22 | (b-10) The school district, public school, or nonpublic | ||||||
23 | school may authorize a school nurse or trained personnel to do | ||||||
24 | the following: (i) provide an undesignated epinephrine | ||||||
25 | auto-injector to a student for self-administration only or any | ||||||
26 | personnel authorized under a student's Individual Health Care |
| |||||||
| |||||||
1 | Action Plan, Illinois Food Allergy Emergency Action Plan and | ||||||
2 | Treatment Authorization Form, or plan pursuant to Section 504 | ||||||
3 | of the federal Rehabilitation Act of 1973 to administer to the | ||||||
4 | student, that meets the student's prescription on file; (ii) | ||||||
5 | administer an undesignated epinephrine auto-injector that | ||||||
6 | meets the prescription on file to any student who has an | ||||||
7 | Individual Health Care Action Plan, Illinois Food Allergy | ||||||
8 | Emergency Action Plan and Treatment Authorization Form, or plan | ||||||
9 | pursuant to Section 504 of the federal Rehabilitation Act of | ||||||
10 | 1973 that authorizes the use of an epinephrine auto-injector; | ||||||
11 | (iii) administer an undesignated epinephrine auto-injector to | ||||||
12 | any person that the school nurse or trained personnel in good | ||||||
13 | faith believes is having an anaphylactic reaction; and (iv) | ||||||
14 | administer an opioid antagonist to any person that the school | ||||||
15 | nurse or trained personnel in good faith believes is having an | ||||||
16 | opioid overdose. | ||||||
17 | (c) The school district, public school, or nonpublic school | ||||||
18 | must inform the parents or
guardians of the
pupil, in writing, | ||||||
19 | that the school district, public school, or nonpublic school | ||||||
20 | and its
employees and
agents, including a physician, physician | ||||||
21 | assistant, or advanced practice registered nurse providing | ||||||
22 | standing protocol or prescription for school epinephrine | ||||||
23 | auto-injectors,
are to incur no liability or professional | ||||||
24 | discipline, except for willful and wanton conduct, as a result
| ||||||
25 | of any injury arising from the
administration of asthma | ||||||
26 | medication, an epinephrine auto-injector, or an opioid |
| |||||||
| |||||||
1 | antagonist regardless of whether authorization was given by the | ||||||
2 | pupil's parents or guardians or by the pupil's physician, | ||||||
3 | physician assistant, or advanced practice registered nurse. | ||||||
4 | The parents or guardians
of the pupil must sign a statement | ||||||
5 | acknowledging that the school district, public school,
or | ||||||
6 | nonpublic school and its employees and agents are to incur no | ||||||
7 | liability, except for willful and wanton
conduct, as a result | ||||||
8 | of any injury arising
from the
administration of asthma | ||||||
9 | medication, an epinephrine auto-injector, or an opioid | ||||||
10 | antagonist regardless of whether authorization was given by the | ||||||
11 | pupil's parents or guardians or by the pupil's physician, | ||||||
12 | physician assistant, or advanced practice registered nurse and | ||||||
13 | that the parents or
guardians must indemnify and hold harmless | ||||||
14 | the school district, public school, or nonpublic
school and
its
| ||||||
15 | employees and agents against any claims, except a claim based | ||||||
16 | on willful and
wanton conduct, arising out of the
| ||||||
17 | administration of asthma medication, an epinephrine | ||||||
18 | auto-injector, or an opioid antagonist regardless of whether | ||||||
19 | authorization was given by the pupil's parents or guardians or | ||||||
20 | by the pupil's physician, physician assistant, or advanced | ||||||
21 | practice registered nurse. | ||||||
22 | (c-5) When a school nurse or trained personnel administers | ||||||
23 | an undesignated epinephrine auto-injector to a person whom the | ||||||
24 | school nurse or trained personnel in good faith believes is | ||||||
25 | having an anaphylactic reaction or administers an opioid | ||||||
26 | antagonist to a person whom the school nurse or trained |
| |||||||
| |||||||
1 | personnel in good faith believes is having an opioid overdose, | ||||||
2 | notwithstanding the lack of notice to the parents or guardians | ||||||
3 | of the pupil or the absence of the parents or guardians signed | ||||||
4 | statement acknowledging no liability, except for willful and | ||||||
5 | wanton conduct, the school district, public school, or | ||||||
6 | nonpublic school and its employees and agents, and a physician, | ||||||
7 | a physician assistant, or an advanced practice registered nurse | ||||||
8 | providing standing protocol or prescription for undesignated | ||||||
9 | epinephrine auto-injectors, are to incur no liability or | ||||||
10 | professional discipline, except for willful and wanton | ||||||
11 | conduct, as a result of any injury arising from the use of an | ||||||
12 | undesignated epinephrine auto-injector or the use of an opioid | ||||||
13 | antagonist regardless of whether authorization was given by the | ||||||
14 | pupil's parents or guardians or by the pupil's physician, | ||||||
15 | physician assistant, or advanced practice registered nurse.
| ||||||
16 | (d) The permission for self-administration and self-carry | ||||||
17 | of asthma medication or the self-administration and self-carry | ||||||
18 | of an epinephrine auto-injector is effective
for the school | ||||||
19 | year for which it is granted and shall be renewed each
| ||||||
20 | subsequent school year upon fulfillment of the requirements of | ||||||
21 | this
Section.
| ||||||
22 | (e) Provided that the requirements of this Section are | ||||||
23 | fulfilled, a
pupil with asthma may self-administer and | ||||||
24 | self-carry his or her asthma medication or a pupil may | ||||||
25 | self-administer and self-carry an epinephrine auto-injector | ||||||
26 | (i) while in
school, (ii) while at a school-sponsored activity, |
| |||||||
| |||||||
1 | (iii) while under the
supervision of
school personnel, or (iv) | ||||||
2 | before or after normal school activities, such
as while in | ||||||
3 | before-school or after-school care on school-operated
property | ||||||
4 | or while being transported on a school bus.
| ||||||
5 | (e-5) Provided that the requirements of this Section are | ||||||
6 | fulfilled, a school nurse or trained personnel may administer | ||||||
7 | an undesignated epinephrine auto-injector to any person whom | ||||||
8 | the school nurse or trained personnel in good faith believes to | ||||||
9 | be having an anaphylactic reaction (i) while in school, (ii) | ||||||
10 | while at a school-sponsored activity, (iii) while under the | ||||||
11 | supervision of school personnel, or (iv) before or after normal | ||||||
12 | school activities, such
as while in before-school or | ||||||
13 | after-school care on school-operated property or while being | ||||||
14 | transported on a school bus. A school nurse or trained | ||||||
15 | personnel may carry undesignated epinephrine auto-injectors on | ||||||
16 | his or her person while in school or at a school-sponsored | ||||||
17 | activity. | ||||||
18 | (e-10) Provided that the requirements of this Section are | ||||||
19 | fulfilled, a school nurse or trained personnel may administer | ||||||
20 | an opioid antagonist to any person whom the school nurse or | ||||||
21 | trained personnel in good faith believes to be having an opioid | ||||||
22 | overdose (i) while in school, (ii) while at a school-sponsored | ||||||
23 | activity, (iii) while under the supervision of school | ||||||
24 | personnel, or (iv) before or after normal school activities, | ||||||
25 | such as while in before-school or after-school care on | ||||||
26 | school-operated property. A school nurse or trained personnel |
| |||||||
| |||||||
1 | may carry an opioid antagonist on their person while in school | ||||||
2 | or at a school-sponsored activity. | ||||||
3 | (f) The school district, public school, or nonpublic school | ||||||
4 | may maintain a supply of undesignated epinephrine | ||||||
5 | auto-injectors in any secure location that is accessible | ||||||
6 | before, during, and after school where an allergic person is | ||||||
7 | most at risk, including, but not limited to, classrooms and | ||||||
8 | lunchrooms. A physician, a physician assistant who has been | ||||||
9 | delegated prescriptive authority in accordance with Section | ||||||
10 | 7.5 of the Physician Assistant Practice Act of 1987, or an | ||||||
11 | advanced practice registered nurse who has been delegated | ||||||
12 | prescriptive authority in accordance with Section 65-40 of the | ||||||
13 | Nurse Practice Act may prescribe undesignated epinephrine | ||||||
14 | auto-injectors in the name of the school district, public | ||||||
15 | school, or nonpublic school to be maintained for use when | ||||||
16 | necessary. Any supply of epinephrine auto-injectors shall be | ||||||
17 | maintained in accordance with the manufacturer's instructions. | ||||||
18 | The school district, public school, or nonpublic school may | ||||||
19 | maintain a supply of an opioid antagonist in any secure | ||||||
20 | location where an individual may have an opioid overdose. A | ||||||
21 | health care professional who has been delegated prescriptive | ||||||
22 | authority for opioid antagonists in accordance with Section | ||||||
23 | 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act | ||||||
24 | may prescribe opioid antagonists in the name of the school | ||||||
25 | district, public school, or nonpublic school, to be maintained | ||||||
26 | for use when necessary. Any supply of opioid antagonists shall |
| |||||||
| |||||||
1 | be maintained in accordance with the manufacturer's | ||||||
2 | instructions. | ||||||
3 | (f-3) Whichever entity initiates the process of obtaining | ||||||
4 | undesignated epinephrine auto-injectors and providing training | ||||||
5 | to personnel for carrying and administering undesignated | ||||||
6 | epinephrine auto-injectors shall pay for the costs of the | ||||||
7 | undesignated epinephrine auto-injectors. | ||||||
8 | (f-5) Upon any administration of an epinephrine | ||||||
9 | auto-injector, a school district, public school, or nonpublic | ||||||
10 | school must immediately activate the EMS system and notify the | ||||||
11 | student's parent, guardian, or emergency contact, if known. | ||||||
12 | Upon any administration of an opioid antagonist, a school | ||||||
13 | district, public school, or nonpublic school must immediately | ||||||
14 | activate the EMS system and notify the student's parent, | ||||||
15 | guardian, or emergency contact, if known. | ||||||
16 | (f-10) Within 24 hours of the administration of an | ||||||
17 | undesignated epinephrine auto-injector, a school district, | ||||||
18 | public school, or nonpublic school must notify the physician, | ||||||
19 | physician assistant, or advanced practice registered nurse who | ||||||
20 | provided the standing protocol or prescription for the | ||||||
21 | undesignated epinephrine auto-injector of its use. | ||||||
22 | Within 24 hours after the administration of an opioid | ||||||
23 | antagonist, a school district, public school, or nonpublic | ||||||
24 | school must notify the health care professional who provided | ||||||
25 | the prescription for the opioid antagonist of its use. | ||||||
26 | (g) Prior to the administration of an undesignated |
| |||||||
| |||||||
1 | epinephrine auto-injector, trained personnel must submit to | ||||||
2 | their school's administration proof of completion of a training | ||||||
3 | curriculum to recognize and respond to anaphylaxis that meets | ||||||
4 | the requirements of subsection (h) of this Section. Training | ||||||
5 | must be completed annually. their The school district, public | ||||||
6 | school, or nonpublic school must maintain records related to | ||||||
7 | the training curriculum and trained personnel. | ||||||
8 | Prior to the administration of an opioid antagonist, | ||||||
9 | trained personnel must submit to their school's administration | ||||||
10 | proof of completion of a training curriculum to recognize and | ||||||
11 | respond to an opioid overdose, which curriculum must meet the | ||||||
12 | requirements of subsection (h-5) of this Section. Training must | ||||||
13 | be completed annually. Trained personnel must also submit to | ||||||
14 | the school's administration proof of cardiopulmonary | ||||||
15 | resuscitation and automated external defibrillator | ||||||
16 | certification. The school district, public school, or | ||||||
17 | nonpublic school must maintain records relating to the training | ||||||
18 | curriculum and the trained personnel. | ||||||
19 | (h) A training curriculum to recognize and respond to | ||||||
20 | anaphylaxis, including the administration of an undesignated | ||||||
21 | epinephrine auto-injector, may be conducted online or in | ||||||
22 | person. | ||||||
23 | Training shall include, but is not limited to: | ||||||
24 | (1) how to recognize signs and symptoms of an allergic | ||||||
25 | reaction, including anaphylaxis; | ||||||
26 | (2) how to administer an epinephrine auto-injector; |
| |||||||
| |||||||
1 | and | ||||||
2 | (3) a test demonstrating competency of the knowledge | ||||||
3 | required to recognize anaphylaxis and administer an | ||||||
4 | epinephrine auto-injector. | ||||||
5 | Training may also include, but is not limited to: | ||||||
6 | (A) a review of high-risk areas within a school and its | ||||||
7 | related facilities; | ||||||
8 | (B) steps to take to prevent exposure to allergens; | ||||||
9 | (C) emergency follow-up procedures; | ||||||
10 | (D) how to respond to a student with a known allergy, | ||||||
11 | as well as a student with a previously unknown allergy; and | ||||||
12 | (E) other criteria as determined in rules adopted | ||||||
13 | pursuant to this Section. | ||||||
14 | In consultation with statewide professional organizations | ||||||
15 | representing physicians licensed to practice medicine in all of | ||||||
16 | its branches, registered nurses, and school nurses, the State | ||||||
17 | Board of Education shall make available resource materials | ||||||
18 | consistent with criteria in this subsection (h) for educating | ||||||
19 | trained personnel to recognize and respond to anaphylaxis. The | ||||||
20 | State Board may take into consideration the curriculum on this | ||||||
21 | subject developed by other states, as well as any other | ||||||
22 | curricular materials suggested by medical experts and other | ||||||
23 | groups that work on life-threatening allergy issues. The State | ||||||
24 | Board is not required to create new resource materials. The | ||||||
25 | State Board shall make these resource materials available on | ||||||
26 | its Internet website. |
| |||||||
| |||||||
1 | (h-5) A training curriculum to recognize and respond to an | ||||||
2 | opioid overdose, including the administration of an opioid | ||||||
3 | antagonist, may be conducted online or in person. The training | ||||||
4 | must comply with any training requirements under Section 5-23 | ||||||
5 | of the Alcoholism and Other Drug Abuse and Dependency Act and | ||||||
6 | the corresponding rules. It must include, but is not limited | ||||||
7 | to: | ||||||
8 | (1) how to recognize symptoms of an opioid overdose; | ||||||
9 | (2) information on drug overdose prevention and | ||||||
10 | recognition; | ||||||
11 | (3) how to perform rescue breathing and resuscitation; | ||||||
12 | (4) how to respond to an emergency involving an opioid | ||||||
13 | overdose; | ||||||
14 | (5) opioid antagonist dosage and administration; | ||||||
15 | (6) the importance of calling 911; | ||||||
16 | (7) care for the overdose victim after administration | ||||||
17 | of the overdose antagonist; | ||||||
18 | (8) a test demonstrating competency of the knowledge | ||||||
19 | required to recognize an opioid overdose and administer a | ||||||
20 | dose of an opioid antagonist; and | ||||||
21 | (9) other criteria as determined in rules adopted | ||||||
22 | pursuant to this Section. | ||||||
23 | (i) Within 3 days after the administration of an | ||||||
24 | undesignated epinephrine auto-injector by a school nurse, | ||||||
25 | trained personnel, or a student at a school or school-sponsored | ||||||
26 | activity, the school must report to the State Board of |
| |||||||
| |||||||
1 | Education in a form and manner prescribed by the State Board | ||||||
2 | the following information: | ||||||
3 | (1) age and type of person receiving epinephrine | ||||||
4 | (student, staff, visitor); | ||||||
5 | (2) any previously known diagnosis of a severe allergy; | ||||||
6 | (3) trigger that precipitated allergic episode; | ||||||
7 | (4) location where symptoms developed; | ||||||
8 | (5) number of doses administered; | ||||||
9 | (6) type of person administering epinephrine (school | ||||||
10 | nurse, trained personnel, student); and | ||||||
11 | (7) any other information required by the State Board. | ||||||
12 | If a school district, public school, or nonpublic school | ||||||
13 | maintains or has an independent contractor providing | ||||||
14 | transportation to students who maintains a supply of | ||||||
15 | undesignated epinephrine auto-injectors, then the school | ||||||
16 | district, public school, or nonpublic school must report that | ||||||
17 | information to the State Board of Education upon adoption or | ||||||
18 | change of the policy of the school district, public school, | ||||||
19 | nonpublic school, or independent contractor, in a manner as | ||||||
20 | prescribed by the State Board. The report must include the | ||||||
21 | number of undesignated epinephrine auto-injectors in supply. | ||||||
22 | (i-5) Within 3 days after the administration of an opioid | ||||||
23 | antagonist by a school nurse or trained personnel, the school | ||||||
24 | must report to the State Board of Education , in a form and | ||||||
25 | manner prescribed by the State Board, the following | ||||||
26 | information: |
| |||||||
| |||||||
1 | (1) the age and type of person receiving the opioid | ||||||
2 | antagonist (student, staff, or visitor); | ||||||
3 | (2) the location where symptoms developed; | ||||||
4 | (3) the type of person administering the opioid | ||||||
5 | antagonist (school nurse or trained personnel); and | ||||||
6 | (4) any other information required by the State Board. | ||||||
7 | (j) By October 1, 2015 and every year thereafter, the State | ||||||
8 | Board of Education shall submit a report to the General | ||||||
9 | Assembly identifying the frequency and circumstances of | ||||||
10 | epinephrine administration during the preceding academic year. | ||||||
11 | Beginning with the 2017 report, the report shall also contain | ||||||
12 | information on which school districts, public schools, and | ||||||
13 | nonpublic schools maintain or have independent contractors | ||||||
14 | providing transportation to students who maintain a supply of | ||||||
15 | undesignated epinephrine auto-injectors. This report shall be | ||||||
16 | published on the State Board's Internet website on the date the | ||||||
17 | report is delivered to the General Assembly. | ||||||
18 | (j-5) Annually, each school district, public school, | ||||||
19 | charter school, or nonpublic school shall request an asthma | ||||||
20 | action plan from the parents or guardians of a pupil with | ||||||
21 | asthma. If provided, the asthma action plan must be kept on | ||||||
22 | file in the office of the school nurse or, in the absence of a | ||||||
23 | school nurse, the school administrator. Copies of the asthma | ||||||
24 | action plan may be distributed to appropriate school staff who | ||||||
25 | interact with the pupil on a regular basis, and, if applicable, | ||||||
26 | may be attached to the pupil's federal Section 504 plan or |
| |||||||
| |||||||
1 | individualized education program plan. | ||||||
2 | (j-10) To assist schools with emergency response | ||||||
3 | procedures for asthma, the State Board of Education, in | ||||||
4 | consultation with statewide professional organizations with | ||||||
5 | expertise in asthma management and a statewide organization | ||||||
6 | representing school administrators, shall develop a model | ||||||
7 | asthma episode emergency response protocol before September 1, | ||||||
8 | 2016. Each school district, charter school, and nonpublic | ||||||
9 | school shall adopt an asthma episode emergency response | ||||||
10 | protocol before January 1, 2017 that includes all of the | ||||||
11 | components of the State Board's model protocol. | ||||||
12 | (j-15) Every 2 years, school personnel who work with pupils | ||||||
13 | shall complete an in-person or online training program on the | ||||||
14 | management of asthma, the prevention of asthma symptoms, and | ||||||
15 | emergency response in the school setting. In consultation with | ||||||
16 | statewide professional organizations with expertise in asthma | ||||||
17 | management, the State Board of Education shall make available | ||||||
18 | resource materials for educating school personnel about asthma | ||||||
19 | and emergency response in the school setting. | ||||||
20 | (j-20) On or before October 1, 2016 and every year | ||||||
21 | thereafter, the State Board of Education shall submit a report | ||||||
22 | to the General Assembly and the Department of Public Health | ||||||
23 | identifying the frequency and circumstances of opioid | ||||||
24 | antagonist administration during the preceding academic year. | ||||||
25 | This report shall be published on the State Board's Internet | ||||||
26 | website on the date the report is delivered to the General |
| |||||||
| |||||||
1 | Assembly. | ||||||
2 | (k) The State Board of Education may adopt rules necessary | ||||||
3 | to implement this Section. | ||||||
4 | (l) Nothing in this Section shall limit the amount of | ||||||
5 | epinephrine auto-injectors that any type of school or student | ||||||
6 | may carry or maintain a supply of. | ||||||
7 | (Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15; | ||||||
8 | 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17; | ||||||
9 | 99-843, eff. 8-19-16; revised 9-8-16.)
| ||||||
10 | (105 ILCS 5/22-80) | ||||||
11 | Sec. 22-80. Student athletes; concussions and head | ||||||
12 | injuries. | ||||||
13 | (a) The General Assembly recognizes all of the following: | ||||||
14 | (1) Concussions are one of the most commonly reported | ||||||
15 | injuries in children and adolescents who participate in | ||||||
16 | sports and recreational activities. The Centers for | ||||||
17 | Disease Control and Prevention estimates that as many as | ||||||
18 | 3,900,000 sports-related and recreation-related | ||||||
19 | concussions occur in the United States each year. A | ||||||
20 | concussion is caused by a blow or motion to the head or | ||||||
21 | body that causes the brain to move rapidly inside the | ||||||
22 | skull. The risk of catastrophic injuries or death are | ||||||
23 | significant when a concussion or head injury is not | ||||||
24 | properly evaluated and managed. | ||||||
25 | (2) Concussions are a type of brain injury that can |
| |||||||
| |||||||
1 | range from mild to severe and can disrupt the way the brain | ||||||
2 | normally works. Concussions can occur in any organized or | ||||||
3 | unorganized sport or recreational activity and can result | ||||||
4 | from a fall or from players colliding with each other, the | ||||||
5 | ground, or with obstacles. Concussions occur with or | ||||||
6 | without loss of consciousness, but the vast majority of | ||||||
7 | concussions occur without loss of consciousness. | ||||||
8 | (3) Continuing to play with a concussion or symptoms of | ||||||
9 | a head injury leaves a young athlete especially vulnerable | ||||||
10 | to greater injury and even death. The General Assembly | ||||||
11 | recognizes that, despite having generally recognized | ||||||
12 | return-to-play standards for concussions and head | ||||||
13 | injuries, some affected youth athletes are prematurely | ||||||
14 | returned to play, resulting in actual or potential physical | ||||||
15 | injury or death to youth athletes in this State. | ||||||
16 | (4) Student athletes who have sustained a concussion | ||||||
17 | may need informal or formal accommodations, modifications | ||||||
18 | of curriculum, and monitoring by medical or academic staff | ||||||
19 | until the student is fully recovered. To that end, all | ||||||
20 | schools are encouraged to establish a return-to-learn | ||||||
21 | protocol that is based on peer-reviewed scientific | ||||||
22 | evidence consistent with Centers for Disease Control and | ||||||
23 | Prevention guidelines and conduct baseline testing for | ||||||
24 | student athletes. | ||||||
25 | (b) In this Section: | ||||||
26 | "Athletic trainer" means an athletic trainer licensed |
| |||||||
| |||||||
1 | under the Illinois Athletic Trainers Practice Act. | ||||||
2 | "Coach" means any volunteer or employee of a school who is | ||||||
3 | responsible for organizing and supervising students to teach | ||||||
4 | them or train them in the fundamental skills of an | ||||||
5 | interscholastic athletic activity. "Coach" refers to both head | ||||||
6 | coaches and assistant coaches. | ||||||
7 | "Concussion" means a complex pathophysiological process | ||||||
8 | affecting the brain caused by a traumatic physical force or | ||||||
9 | impact to the head or body, which may include temporary or | ||||||
10 | prolonged altered brain function resulting in physical, | ||||||
11 | cognitive, or emotional symptoms or altered sleep patterns and | ||||||
12 | which may or may not involve a loss of consciousness. | ||||||
13 | "Department" means the Department of Financial and | ||||||
14 | Professional Regulation. | ||||||
15 | "Game official" means a person who officiates at an | ||||||
16 | interscholastic athletic activity, such as a referee or umpire, | ||||||
17 | including, but not limited to, persons enrolled as game | ||||||
18 | officials by the Illinois High School Association or Illinois | ||||||
19 | Elementary School Association. | ||||||
20 | "Interscholastic athletic activity" means any organized | ||||||
21 | school-sponsored or school-sanctioned activity for students, | ||||||
22 | generally outside of school instructional hours, under the | ||||||
23 | direction of a coach, athletic director, or band leader, | ||||||
24 | including, but not limited to, baseball, basketball, | ||||||
25 | cheerleading, cross country track, fencing, field hockey, | ||||||
26 | football, golf, gymnastics, ice hockey, lacrosse, marching |
| |||||||
| |||||||
1 | band, rugby, soccer, skating, softball, swimming and diving, | ||||||
2 | tennis, track (indoor and outdoor), ultimate Frisbee, | ||||||
3 | volleyball, water polo, and wrestling. All interscholastic | ||||||
4 | athletics are deemed to be interscholastic activities. | ||||||
5 | "Licensed healthcare professional" means a person who has | ||||||
6 | experience with concussion management and who is a nurse, a | ||||||
7 | psychologist who holds a license under the Clinical | ||||||
8 | Psychologist Licensing Act and specializes in the practice of | ||||||
9 | neuropsychology, a physical therapist licensed under the | ||||||
10 | Illinois Physical Therapy Act, an occupational therapist | ||||||
11 | licensed under the Illinois Occupational Therapy Practice Act. | ||||||
12 | "Nurse" means a person who is employed by or volunteers at | ||||||
13 | a school and is licensed under the Nurse Practice Act as a | ||||||
14 | registered nurse, practical nurse, or advanced practice | ||||||
15 | registered nurse. | ||||||
16 | "Physician" means a physician licensed to practice | ||||||
17 | medicine in all of its branches under the Medical Practice Act | ||||||
18 | of 1987. | ||||||
19 | "School" means any public or private elementary or | ||||||
20 | secondary school, including a charter school. | ||||||
21 | "Student" means an adolescent or child enrolled in a | ||||||
22 | school. | ||||||
23 | (c) This Section applies to any interscholastic athletic | ||||||
24 | activity, including practice and competition, sponsored or | ||||||
25 | sanctioned by a school, the Illinois Elementary School | ||||||
26 | Association, or the Illinois High School Association. This |
| |||||||
| |||||||
1 | Section applies beginning with the 2016-2017 school year. | ||||||
2 | (d) The governing body of each public or charter school and | ||||||
3 | the appropriate administrative officer of a private school with | ||||||
4 | students enrolled who participate in an interscholastic | ||||||
5 | athletic activity shall appoint or approve a concussion | ||||||
6 | oversight team. Each concussion oversight team shall establish | ||||||
7 | a return-to-play protocol, based on peer-reviewed scientific | ||||||
8 | evidence consistent with Centers for Disease Control and | ||||||
9 | Prevention guidelines, for a student's return to | ||||||
10 | interscholastic athletics practice or competition following a | ||||||
11 | force or impact believed to have caused a concussion. Each | ||||||
12 | concussion oversight team shall also establish a | ||||||
13 | return-to-learn protocol, based on peer-reviewed scientific | ||||||
14 | evidence consistent with Centers for Disease Control and | ||||||
15 | Prevention guidelines, for a student's return to the classroom | ||||||
16 | after that student is believed to have experienced a | ||||||
17 | concussion, whether or not the concussion took place while the | ||||||
18 | student was participating in an interscholastic athletic | ||||||
19 | activity. | ||||||
20 | Each concussion oversight team must include to the extent | ||||||
21 | practicable at least one physician. If a school employs an | ||||||
22 | athletic trainer, the athletic trainer must be a member of the | ||||||
23 | school concussion oversight team to the extent practicable. If | ||||||
24 | a school employs a nurse, the nurse must be a member of the | ||||||
25 | school concussion oversight team to the extent practicable. At | ||||||
26 | a minimum, a school shall appoint a person who is responsible |
| |||||||
| |||||||
1 | for implementing and complying with the return-to-play and | ||||||
2 | return-to-learn protocols adopted by the concussion oversight | ||||||
3 | team. A school may appoint other licensed healthcare | ||||||
4 | professionals to serve on the concussion oversight team. | ||||||
5 | (e) A student may not participate in an interscholastic | ||||||
6 | athletic activity for a school year until the student and the | ||||||
7 | student's parent or guardian or another person with legal | ||||||
8 | authority to make medical decisions for the student have signed | ||||||
9 | a form for that school year that acknowledges receiving and | ||||||
10 | reading written information that explains concussion | ||||||
11 | prevention, symptoms, treatment, and oversight and that | ||||||
12 | includes guidelines for safely resuming participation in an | ||||||
13 | athletic activity following a concussion. The form must be | ||||||
14 | approved by the Illinois High School Association. | ||||||
15 | (f) A student must be removed from an interscholastic | ||||||
16 | athletics practice or competition immediately if one of the | ||||||
17 | following persons believes the student might have sustained a | ||||||
18 | concussion during the practice or competition: | ||||||
19 | (1) a coach; | ||||||
20 | (2) a physician; | ||||||
21 | (3) a game official; | ||||||
22 | (4) an athletic trainer; | ||||||
23 | (5) the student's parent or guardian or another person | ||||||
24 | with legal authority to make medical decisions for the | ||||||
25 | student; | ||||||
26 | (6) the student; or |
| |||||||
| |||||||
1 | (7) any other person deemed appropriate under the | ||||||
2 | school's return-to-play protocol. | ||||||
3 | (g) A student removed from an interscholastic athletics | ||||||
4 | practice or competition under this Section may not be permitted | ||||||
5 | to practice or compete again following the force or impact | ||||||
6 | believed to have caused the concussion until: | ||||||
7 | (1) the student has been evaluated, using established | ||||||
8 | medical protocols based on peer-reviewed scientific | ||||||
9 | evidence consistent with Centers for Disease Control and | ||||||
10 | Prevention guidelines, by a treating physician (chosen by | ||||||
11 | the student or the student's parent or guardian or another | ||||||
12 | person with legal authority to make medical decisions for | ||||||
13 | the student) or an athletic trainer working under the | ||||||
14 | supervision of a physician; | ||||||
15 | (2) the student has successfully completed each | ||||||
16 | requirement of the return-to-play protocol established | ||||||
17 | under this Section necessary for the student to return to | ||||||
18 | play; | ||||||
19 | (3) the student has successfully completed each | ||||||
20 | requirement of the return-to-learn protocol established | ||||||
21 | under this Section necessary for the student to return to | ||||||
22 | learn; | ||||||
23 | (4) the treating physician or athletic trainer working | ||||||
24 | under the supervision of a physician has provided a written | ||||||
25 | statement indicating that, in the physician's professional | ||||||
26 | judgment, it is safe for the student to return to play and |
| |||||||
| |||||||
1 | return to learn; and | ||||||
2 | (5) the student and the student's parent or guardian or | ||||||
3 | another person with legal authority to make medical | ||||||
4 | decisions for the student: | ||||||
5 | (A) have acknowledged that the student has | ||||||
6 | completed the requirements of the return-to-play and | ||||||
7 | return-to-learn protocols necessary for the student to | ||||||
8 | return to play; | ||||||
9 | (B) have provided the treating physician's or | ||||||
10 | athletic trainer's written statement under subdivision | ||||||
11 | (4) of this subsection (g) to the person responsible | ||||||
12 | for compliance with the return-to-play and | ||||||
13 | return-to-learn protocols under this subsection (g) | ||||||
14 | and the person who has supervisory responsibilities | ||||||
15 | under this subsection (g); and | ||||||
16 | (C) have signed a consent form indicating that the | ||||||
17 | person signing: | ||||||
18 | (i) has been informed concerning and consents | ||||||
19 | to the student participating in returning to play | ||||||
20 | in accordance with the return-to-play and | ||||||
21 | return-to-learn protocols; | ||||||
22 | (ii) understands the risks associated with the | ||||||
23 | student returning to play and returning to learn | ||||||
24 | and will comply with any ongoing requirements in | ||||||
25 | the return-to-play and return-to-learn protocols; | ||||||
26 | and |
| |||||||
| |||||||
1 | (iii) consents to the disclosure to | ||||||
2 | appropriate persons, consistent with the federal | ||||||
3 | Health Insurance Portability and Accountability | ||||||
4 | Act of 1996 (Public Law 104-191), of the treating | ||||||
5 | physician's or athletic trainer's written | ||||||
6 | statement under subdivision (4) of this subsection | ||||||
7 | (g) and, if any, the return-to-play and | ||||||
8 | return-to-learn recommendations of the treating | ||||||
9 | physician or the athletic trainer, as the case may | ||||||
10 | be. | ||||||
11 | A coach of an interscholastic athletics team may not | ||||||
12 | authorize a student's return to play or return to learn. | ||||||
13 | The district superintendent or the superintendent's | ||||||
14 | designee in the case of a public elementary or secondary | ||||||
15 | school, the chief school administrator or that person's | ||||||
16 | designee in the case of a charter school, or the appropriate | ||||||
17 | administrative officer or that person's designee in the case of | ||||||
18 | a private school shall supervise an athletic trainer or other | ||||||
19 | person responsible for compliance with the return-to-play | ||||||
20 | protocol and shall supervise the person responsible for | ||||||
21 | compliance with the return-to-learn protocol. The person who | ||||||
22 | has supervisory responsibilities under this paragraph may not | ||||||
23 | be a coach of an interscholastic athletics team. | ||||||
24 | (h)(1) The Illinois High School Association shall approve, | ||||||
25 | for coaches and game officials of interscholastic athletic | ||||||
26 | activities, training courses that provide for not less than 2 |
| |||||||
| |||||||
1 | hours of training in the subject matter of concussions, | ||||||
2 | including evaluation, prevention, symptoms, risks, and | ||||||
3 | long-term effects. The Association shall maintain an updated | ||||||
4 | list of individuals and organizations authorized by the | ||||||
5 | Association to provide the training. | ||||||
6 | (2) The following persons must take a training course in | ||||||
7 | accordance with paragraph (4) of this subsection (h) from an | ||||||
8 | authorized training provider at least once every 2 years: | ||||||
9 | (A) a coach of an interscholastic athletic activity; | ||||||
10 | (B) a nurse who serves as a member of a concussion | ||||||
11 | oversight team and is an employee, representative, or agent | ||||||
12 | of a school; | ||||||
13 | (C) a game official of an interscholastic athletic | ||||||
14 | activity; and | ||||||
15 | (D) a nurse who serves on a volunteer basis as a member | ||||||
16 | of a concussion oversight team for a school. | ||||||
17 | (3) A physician who serves as a member of a concussion | ||||||
18 | oversight team shall, to the greatest extent practicable, | ||||||
19 | periodically take an appropriate continuing medical education | ||||||
20 | course in the subject matter of concussions. | ||||||
21 | (4) For purposes of paragraph (2) of this subsection (h): | ||||||
22 | (A) a coach or game officials, as the case may be, must | ||||||
23 | take a course described in paragraph (1) of this subsection | ||||||
24 | (h). | ||||||
25 | (B) an athletic trainer must take a concussion-related | ||||||
26 | continuing education course from an athletic trainer |
| |||||||
| |||||||
1 | continuing education sponsor approved by the Department; | ||||||
2 | and | ||||||
3 | (C) a nurse must take a course concerning the subject | ||||||
4 | matter of concussions that has been approved for continuing | ||||||
5 | education credit by the Department. | ||||||
6 | (5) Each person described in paragraph (2) of this | ||||||
7 | subsection (h) must submit proof of timely completion of an | ||||||
8 | approved course in compliance with paragraph (4) of this | ||||||
9 | subsection (h) to the district superintendent or the | ||||||
10 | superintendent's designee in the case of a public elementary or | ||||||
11 | secondary school, the chief school administrator or that | ||||||
12 | person's designee in the case of a charter school, or the | ||||||
13 | appropriate administrative officer or that person's designee | ||||||
14 | in the case of a private school. | ||||||
15 | (6) A physician, athletic trainer, or nurse who is not in | ||||||
16 | compliance with the training requirements under this | ||||||
17 | subsection (h) may not serve on a concussion oversight team in | ||||||
18 | any capacity. | ||||||
19 | (7) A person required under this subsection (h) to take a | ||||||
20 | training course in the subject of concussions must initially | ||||||
21 | complete the training not later than September 1, 2016. | ||||||
22 | (i) The governing body of each public or charter school and | ||||||
23 | the appropriate administrative officer of a private school with | ||||||
24 | students enrolled who participate in an interscholastic | ||||||
25 | athletic activity shall develop a school-specific emergency | ||||||
26 | action plan for interscholastic athletic activities to address |
| |||||||
| |||||||
1 | the serious injuries and acute medical conditions in which the | ||||||
2 | condition of the student may deteriorate rapidly. The plan | ||||||
3 | shall include a delineation of roles, methods of communication, | ||||||
4 | available emergency equipment, and access to and a plan for | ||||||
5 | emergency transport. This emergency action plan must be: | ||||||
6 | (1) in writing; | ||||||
7 | (2) reviewed by the concussion oversight team; | ||||||
8 | (3) approved by the district superintendent or the | ||||||
9 | superintendent's designee in the case of a public | ||||||
10 | elementary or secondary school, the chief school | ||||||
11 | administrator or that person's designee in the case of a | ||||||
12 | charter school, or the appropriate administrative officer | ||||||
13 | or that person's designee in the case of a private school; | ||||||
14 | (4) distributed to all appropriate personnel; | ||||||
15 | (5) posted conspicuously at all venues utilized by the | ||||||
16 | school; and | ||||||
17 | (6) reviewed annually by all athletic trainers, first | ||||||
18 | responders, coaches, school nurses, athletic directors, | ||||||
19 | and volunteers for interscholastic athletic activities. | ||||||
20 | (j) The State Board of Education may adopt rules as | ||||||
21 | necessary to administer this Section.
| ||||||
22 | (Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15; | ||||||
23 | 99-642, eff. 7-28-16.)
| ||||||
24 | (105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
| ||||||
25 | Sec. 24-5. Physical fitness and professional growth. |
| |||||||
| |||||||
1 | (a) In this Section, "employee" means any employee of a | ||||||
2 | school district, a student teacher, an employee of a contractor | ||||||
3 | that provides services to students or in schools, or any other | ||||||
4 | individual subject to the requirements of Section 10-21.9 or | ||||||
5 | 34-18.5 of this Code. | ||||||
6 | (b) School boards shall require of new employees evidence | ||||||
7 | of physical
fitness to perform duties assigned and freedom from | ||||||
8 | communicable disease. Such evidence shall consist of a physical
| ||||||
9 | examination
by a physician licensed in Illinois or any other | ||||||
10 | state to practice medicine
and surgery in all its branches, a | ||||||
11 | licensed advanced practice registered nurse, or a licensed | ||||||
12 | physician assistant not more than 90 days preceding time of
| ||||||
13 | presentation to the board, and the cost of such examination | ||||||
14 | shall rest with the
employee. A new or existing employee may be | ||||||
15 | subject to additional health examinations, including screening | ||||||
16 | for tuberculosis, as required by rules adopted by the | ||||||
17 | Department of Public Health or by order of a local public | ||||||
18 | health official. The board may from time to time require an | ||||||
19 | examination of any
employee by a physician licensed in Illinois | ||||||
20 | to practice medicine and
surgery in all its branches, a | ||||||
21 | licensed advanced practice registered nurse, or a licensed | ||||||
22 | physician assistant and shall pay the expenses thereof from | ||||||
23 | school
funds. | ||||||
24 | (c) School boards may require teachers in their employ to | ||||||
25 | furnish from
time to time evidence of continued professional | ||||||
26 | growth.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-716, eff. 7-16-14; 99-173, eff. 7-29-15.)
| ||||||
2 | (105 ILCS 5/24-6)
| ||||||
3 | Sec. 24-6. Sick leave. The school boards of all school | ||||||
4 | districts, including special charter
districts, but not | ||||||
5 | including school districts in municipalities of 500,000
or | ||||||
6 | more, shall grant their full-time teachers, and also shall | ||||||
7 | grant
such of their other employees as are eligible to | ||||||
8 | participate in the
Illinois Municipal Retirement Fund under the | ||||||
9 | "600-Hour Standard"
established, or under such other | ||||||
10 | eligibility participation standard as may
from time to time be | ||||||
11 | established, by rules and regulations now or hereafter
| ||||||
12 | promulgated by the Board of that Fund under Section 7-198 of | ||||||
13 | the Illinois
Pension Code, as now or hereafter amended, sick | ||||||
14 | leave
provisions not less in amount than 10 days at full pay in | ||||||
15 | each school year.
If any such teacher or employee does not use | ||||||
16 | the full amount of annual leave
thus allowed, the unused amount | ||||||
17 | shall be allowed to accumulate to a minimum
available leave of | ||||||
18 | 180 days at full pay, including the leave of the current
year. | ||||||
19 | Sick leave shall be interpreted to mean personal illness, | ||||||
20 | quarantine
at home, serious illness or death in the immediate | ||||||
21 | family or household, or
birth, adoption, or placement for | ||||||
22 | adoption.
The school board may require a certificate from a | ||||||
23 | physician licensed in Illinois to practice medicine and surgery | ||||||
24 | in all its branches, a chiropractic physician licensed under | ||||||
25 | the Medical Practice Act of 1987, a licensed advanced practice |
| |||||||
| |||||||
1 | registered nurse, a licensed physician assistant, or, if the | ||||||
2 | treatment
is by prayer or spiritual means, a spiritual adviser | ||||||
3 | or
practitioner of the teacher's or employee's faith as a basis | ||||||
4 | for pay during leave after
an absence of 3 days for personal | ||||||
5 | illness or 30 days for birth or as the school board may deem | ||||||
6 | necessary in
other cases. If the school board does require a
| ||||||
7 | certificate
as a basis for pay during leave of
less than 3 days | ||||||
8 | for personal illness, the school board shall pay, from school | ||||||
9 | funds, the
expenses incurred by the teachers or other employees | ||||||
10 | in obtaining the certificate. For paid leave for adoption or | ||||||
11 | placement for adoption, the school board may require that the | ||||||
12 | teacher or other employee provide evidence that the formal | ||||||
13 | adoption process is underway, and such leave is limited to 30 | ||||||
14 | days unless a longer leave has been negotiated with the | ||||||
15 | exclusive bargaining representative.
| ||||||
16 | If, by reason of any change in the boundaries of school | ||||||
17 | districts, or by
reason of the creation of a new school | ||||||
18 | district, the employment of a
teacher is transferred to a new | ||||||
19 | or different board, the accumulated sick
leave of such teacher | ||||||
20 | is not thereby lost, but is transferred to such new
or | ||||||
21 | different district.
| ||||||
22 | For purposes of this Section, "immediate family" shall | ||||||
23 | include parents,
spouse, brothers, sisters, children, | ||||||
24 | grandparents, grandchildren,
parents-in-law, brothers-in-law, | ||||||
25 | sisters-in-law, and legal guardians.
| ||||||
26 | (Source: P.A. 99-173, eff. 7-29-15.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
| ||||||
2 | Sec. 26-1. Compulsory school age-Exemptions. Whoever has | ||||||
3 | custody or control of any child (i) between the ages of 7 and | ||||||
4 | 17
years (unless the child has already graduated from high | ||||||
5 | school) for school years before the 2014-2015 school year or | ||||||
6 | (ii) between the ages
of 6 (on or before September 1) and 17 | ||||||
7 | years (unless the child has already graduated from high school) | ||||||
8 | beginning with the 2014-2015 school year
shall cause such child | ||||||
9 | to attend some public school in the district
wherein the child | ||||||
10 | resides the entire time it is in session during the
regular | ||||||
11 | school term, except as provided in Section 10-19.1, and during | ||||||
12 | a
required summer school program established under Section | ||||||
13 | 10-22.33B; provided,
that
the following children shall not be | ||||||
14 | required to attend the public schools:
| ||||||
15 | 1. Any child attending a private or a parochial school | ||||||
16 | where children
are taught the branches of education taught | ||||||
17 | to children of corresponding
age and grade in the public | ||||||
18 | schools, and where the instruction of the child
in the | ||||||
19 | branches of education is in the English language;
| ||||||
20 | 2. Any child who is physically or mentally unable to | ||||||
21 | attend school, such
disability being certified to the | ||||||
22 | county or district truant officer by a
competent physician | ||||||
23 | licensed in Illinois to practice medicine and surgery in | ||||||
24 | all its branches, a chiropractic physician licensed under | ||||||
25 | the Medical Practice Act of 1987, a licensed advanced |
| |||||||
| |||||||
1 | practice registered nurse, a licensed physician assistant, | ||||||
2 | or a Christian Science practitioner residing in this
State | ||||||
3 | and listed in the Christian Science Journal; or who is | ||||||
4 | excused for
temporary absence for cause by
the principal or | ||||||
5 | teacher of the school which the child attends; the | ||||||
6 | exemptions
in this paragraph (2) do not apply to any female | ||||||
7 | who is pregnant or the
mother of one or more children, | ||||||
8 | except where a female is unable to attend
school due to a | ||||||
9 | complication arising from her pregnancy and the existence
| ||||||
10 | of such complication is certified to the county or district | ||||||
11 | truant officer
by a competent physician;
| ||||||
12 | 3. Any child necessarily and lawfully employed | ||||||
13 | according to the
provisions of the law regulating child | ||||||
14 | labor may be excused from attendance
at school by the | ||||||
15 | county superintendent of schools or the superintendent of
| ||||||
16 | the public school which the child should be attending, on | ||||||
17 | certification of
the facts by and the recommendation of the | ||||||
18 | school board of the public
school district in which the | ||||||
19 | child resides. In districts having part time
continuation | ||||||
20 | schools, children so excused shall attend such schools at
| ||||||
21 | least 8 hours each week;
| ||||||
22 | 4. Any child over 12 and under 14 years of age while in | ||||||
23 | attendance at
confirmation classes;
| ||||||
24 | 5. Any child absent from a public school on a | ||||||
25 | particular day or days
or at a particular time of day for | ||||||
26 | the reason that he is unable to attend
classes or to |
| |||||||
| |||||||
1 | participate in any examination, study or work requirements | ||||||
2 | on
a particular day or days or at a particular time of day, | ||||||
3 | because the tenets
of his religion forbid secular activity | ||||||
4 | on a particular day or days or at a
particular time of day. | ||||||
5 | Each school board shall prescribe rules and
regulations | ||||||
6 | relative to absences for religious holidays including, but | ||||||
7 | not
limited to, a list of religious holidays on which it | ||||||
8 | shall be mandatory to
excuse a child; but nothing in this | ||||||
9 | paragraph 5 shall be construed to limit
the right of any | ||||||
10 | school board, at its discretion, to excuse an absence on
| ||||||
11 | any other day by reason of the observance of a religious | ||||||
12 | holiday. A school
board may require the parent or guardian | ||||||
13 | of a child who is to be excused
from attending school due | ||||||
14 | to the observance of a religious holiday to give
notice, | ||||||
15 | not exceeding 5 days, of the child's absence to the school
| ||||||
16 | principal or other school personnel. Any child excused from | ||||||
17 | attending
school under this paragraph 5 shall not be | ||||||
18 | required to submit a written
excuse for such absence after | ||||||
19 | returning to school; | ||||||
20 | 6. Any child 16 years of age or older who (i) submits | ||||||
21 | to a school district evidence of necessary and lawful | ||||||
22 | employment pursuant to paragraph 3 of this Section and (ii) | ||||||
23 | is enrolled in a graduation incentives program pursuant to | ||||||
24 | Section 26-16 of this Code or an alternative learning | ||||||
25 | opportunities program established pursuant to Article 13B | ||||||
26 | of this Code; and
|
| |||||||
| |||||||
1 | 7. A child in any of grades 6 through 12 absent from a | ||||||
2 | public school on a particular day or days or at a | ||||||
3 | particular time of day for the purpose of sounding "Taps" | ||||||
4 | at a military honors funeral held in this State for a | ||||||
5 | deceased veteran. In order to be excused under this | ||||||
6 | paragraph 7, the student shall notify the school's | ||||||
7 | administration at least 2 days prior to the date of the | ||||||
8 | absence and shall provide the school's administration with | ||||||
9 | the date, time, and location of the military
honors | ||||||
10 | funeral. The school's administration may waive this 2-day | ||||||
11 | notification requirement if the student did not receive at | ||||||
12 | least 2 days advance notice, but the student shall notify | ||||||
13 | the school's administration as soon as possible of the | ||||||
14 | absence. A student whose absence is excused under this | ||||||
15 | paragraph 7 shall be counted as if the student attended | ||||||
16 | school for purposes of calculating the average daily | ||||||
17 | attendance of students in the school district. A student | ||||||
18 | whose absence is excused under this paragraph 7 must be | ||||||
19 | allowed a reasonable time to make up school work missed | ||||||
20 | during the absence. If the student satisfactorily | ||||||
21 | completes the school work, the day of absence shall be | ||||||
22 | counted as a day of compulsory attendance and he or she may | ||||||
23 | not be penalized for that absence. | ||||||
24 | (Source: P.A. 98-544, eff. 7-1-14; 99-173, eff. 7-29-15; | ||||||
25 | 99-804, eff. 1-1-17 .)
|
| |||||||
| |||||||
1 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||||||
2 | Sec. 27-8.1. Health examinations and immunizations. | ||||||
3 | (1) In compliance with rules and regulations which the | ||||||
4 | Department of Public
Health shall promulgate, and except as | ||||||
5 | hereinafter provided, all children in
Illinois shall have a | ||||||
6 | health examination as follows: within one year prior to
| ||||||
7 | entering kindergarten or the first grade of any public, | ||||||
8 | private, or parochial
elementary school; upon entering the | ||||||
9 | sixth and ninth grades of any public,
private, or parochial | ||||||
10 | school; prior to entrance into any public, private, or
| ||||||
11 | parochial nursery school; and, irrespective of grade, | ||||||
12 | immediately prior to or
upon entrance into any public, private, | ||||||
13 | or parochial school or nursery school,
each child shall present | ||||||
14 | proof of having been examined in accordance with this
Section | ||||||
15 | and the rules and regulations promulgated hereunder. Any child | ||||||
16 | who received a health examination within one year prior to | ||||||
17 | entering the fifth grade for the 2007-2008 school year is not | ||||||
18 | required to receive an additional health examination in order | ||||||
19 | to comply with the provisions of Public Act 95-422 when he or | ||||||
20 | she attends school for the 2008-2009 school year, unless the | ||||||
21 | child is attending school for the first time as provided in | ||||||
22 | this paragraph. | ||||||
23 | A tuberculosis skin test screening shall be included as a | ||||||
24 | required part of
each health examination included under this | ||||||
25 | Section if the child resides in an
area designated by the | ||||||
26 | Department of Public Health as having a high incidence
of |
| |||||||
| |||||||
1 | tuberculosis. Additional health examinations of pupils, | ||||||
2 | including eye examinations, may be required when deemed | ||||||
3 | necessary by school
authorities. Parents are encouraged to have | ||||||
4 | their children undergo eye examinations at the same points in | ||||||
5 | time required for health
examinations. | ||||||
6 | (1.5) In compliance with rules adopted by the Department of | ||||||
7 | Public Health and except as otherwise provided in this Section, | ||||||
8 | all children in kindergarten and the second and sixth grades of | ||||||
9 | any public, private, or parochial school shall have a dental | ||||||
10 | examination. Each of these children shall present proof of | ||||||
11 | having been examined by a dentist in accordance with this | ||||||
12 | Section and rules adopted under this Section before May 15th of | ||||||
13 | the school year. If a child in the second or sixth grade fails | ||||||
14 | to present proof by May 15th, the school may hold the child's | ||||||
15 | report card until one of the following occurs: (i) the child | ||||||
16 | presents proof of a completed dental examination or (ii) the | ||||||
17 | child presents proof that a dental examination will take place | ||||||
18 | within 60 days after May 15th. The Department of Public Health | ||||||
19 | shall establish, by rule, a waiver for children who show an | ||||||
20 | undue burden or a lack of access to a dentist. Each public, | ||||||
21 | private, and parochial school must give notice of this dental | ||||||
22 | examination requirement to the parents and guardians of | ||||||
23 | students at least 60 days before May 15th of each school year.
| ||||||
24 | (1.10) Except as otherwise provided in this Section, all | ||||||
25 | children enrolling in kindergarten in a public, private, or | ||||||
26 | parochial school on or after the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 95th General Assembly and any student | ||||||
2 | enrolling for the first time in a public, private, or parochial | ||||||
3 | school on or after the effective date of this amendatory Act of | ||||||
4 | the 95th General Assembly shall have an eye examination. Each | ||||||
5 | of these children shall present proof of having been examined | ||||||
6 | by a physician licensed to practice medicine in all of its | ||||||
7 | branches or a licensed optometrist within the previous year, in | ||||||
8 | accordance with this Section and rules adopted under this | ||||||
9 | Section, before October 15th of the school year. If the child | ||||||
10 | fails to present proof by October 15th, the school may hold the | ||||||
11 | child's report card until one of the following occurs: (i) the | ||||||
12 | child presents proof of a completed eye examination or (ii) the | ||||||
13 | child presents proof that an eye examination will take place | ||||||
14 | within 60 days after October 15th. The Department of Public | ||||||
15 | Health shall establish, by rule, a waiver for children who show | ||||||
16 | an undue burden or a lack of access to a physician licensed to | ||||||
17 | practice medicine in all of its branches who provides eye | ||||||
18 | examinations or to a licensed optometrist. Each public, | ||||||
19 | private, and parochial school must give notice of this eye | ||||||
20 | examination requirement to the parents and guardians of | ||||||
21 | students in compliance with rules of the Department of Public | ||||||
22 | Health. Nothing in this Section shall be construed to allow a | ||||||
23 | school to exclude a child from attending because of a parent's | ||||||
24 | or guardian's failure to obtain an eye examination for the | ||||||
25 | child.
| ||||||
26 | (2) The Department of Public Health shall promulgate rules |
| |||||||
| |||||||
1 | and regulations
specifying the examinations and procedures | ||||||
2 | that constitute a health examination, which shall include the | ||||||
3 | collection of data relating to obesity
(including at a minimum, | ||||||
4 | date of birth, gender, height, weight, blood pressure, and date | ||||||
5 | of exam),
and a dental examination and may recommend by rule | ||||||
6 | that certain additional examinations be performed.
The rules | ||||||
7 | and regulations of the Department of Public Health shall | ||||||
8 | specify that
a tuberculosis skin test screening shall be | ||||||
9 | included as a required part of each
health examination included | ||||||
10 | under this Section if the child resides in an area
designated | ||||||
11 | by the Department of Public Health as having a high incidence | ||||||
12 | of
tuberculosis.
The Department of Public Health shall specify | ||||||
13 | that a diabetes
screening as defined by rule shall be included | ||||||
14 | as a required part of each
health examination.
Diabetes testing | ||||||
15 | is not required. | ||||||
16 | Physicians licensed to practice medicine in all of its | ||||||
17 | branches, licensed advanced
practice registered nurses, or | ||||||
18 | licensed physician assistants shall be
responsible for the | ||||||
19 | performance of the health examinations, other than dental
| ||||||
20 | examinations, eye examinations, and vision and hearing | ||||||
21 | screening, and shall sign all report forms
required by | ||||||
22 | subsection (4) of this Section that pertain to those portions | ||||||
23 | of
the health examination for which the physician, advanced | ||||||
24 | practice registered nurse, or
physician assistant is | ||||||
25 | responsible.
If a registered
nurse performs any part of a | ||||||
26 | health examination, then a physician licensed to
practice |
| |||||||
| |||||||
1 | medicine in all of its branches must review and sign all | ||||||
2 | required
report forms. Licensed dentists shall perform all | ||||||
3 | dental examinations and
shall sign all report forms required by | ||||||
4 | subsection (4) of this Section that
pertain to the dental | ||||||
5 | examinations. Physicians licensed to practice medicine
in all | ||||||
6 | its branches or licensed optometrists shall perform all eye | ||||||
7 | examinations
required by this Section and shall sign all report | ||||||
8 | forms required by
subsection (4) of this Section that pertain | ||||||
9 | to the eye examination. For purposes of this Section, an eye | ||||||
10 | examination shall at a minimum include history, visual acuity, | ||||||
11 | subjective refraction to best visual acuity near and far, | ||||||
12 | internal and external examination, and a glaucoma evaluation, | ||||||
13 | as well as any other tests or observations that in the | ||||||
14 | professional judgment of the doctor are necessary. Vision and
| ||||||
15 | hearing screening tests, which shall not be considered | ||||||
16 | examinations as that
term is used in this Section, shall be | ||||||
17 | conducted in accordance with rules and
regulations of the | ||||||
18 | Department of Public Health, and by individuals whom the
| ||||||
19 | Department of Public Health has certified.
In these rules and | ||||||
20 | regulations, the Department of Public Health shall
require that | ||||||
21 | individuals conducting vision screening tests give a child's
| ||||||
22 | parent or guardian written notification, before the vision | ||||||
23 | screening is
conducted, that states, "Vision screening is not a | ||||||
24 | substitute for a
complete eye and vision evaluation by an eye | ||||||
25 | doctor. Your child is not
required to undergo this vision | ||||||
26 | screening if an optometrist or
ophthalmologist has completed |
| |||||||
| |||||||
1 | and signed a report form indicating that
an examination has | ||||||
2 | been administered within the previous 12 months." | ||||||
3 | (3) Every child shall, at or about the same time as he or | ||||||
4 | she receives
a health examination required by subsection (1) of | ||||||
5 | this Section, present
to the local school proof of having | ||||||
6 | received such immunizations against
preventable communicable | ||||||
7 | diseases as the Department of Public Health shall
require by | ||||||
8 | rules and regulations promulgated pursuant to this Section and | ||||||
9 | the
Communicable Disease Prevention Act. | ||||||
10 | (4) The individuals conducting the health examination,
| ||||||
11 | dental examination, or eye examination shall record the
fact of | ||||||
12 | having conducted the examination, and such additional | ||||||
13 | information as
required, including for a health examination
| ||||||
14 | data relating to obesity
(including at a minimum, date of | ||||||
15 | birth, gender, height, weight, blood pressure, and date of | ||||||
16 | exam), on uniform forms which the Department of Public Health | ||||||
17 | and the State
Board of Education shall prescribe for statewide | ||||||
18 | use. The examiner shall
summarize on the report form any | ||||||
19 | condition that he or she suspects indicates a
need for special | ||||||
20 | services, including for a health examination factors relating | ||||||
21 | to obesity. The individuals confirming the administration of
| ||||||
22 | required immunizations shall record as indicated on the form | ||||||
23 | that the
immunizations were administered. | ||||||
24 | (5) If a child does not submit proof of having had either | ||||||
25 | the health
examination or the immunization as required, then | ||||||
26 | the child shall be examined
or receive the immunization, as the |
| |||||||
| |||||||
1 | case may be, and present proof by October
15 of the current | ||||||
2 | school year, or by an earlier date of the current school year
| ||||||
3 | established by a school district. To establish a date before | ||||||
4 | October 15 of the
current school year for the health | ||||||
5 | examination or immunization as required, a
school district must | ||||||
6 | give notice of the requirements of this Section 60 days
prior | ||||||
7 | to the earlier established date. If for medical reasons one or | ||||||
8 | more of
the required immunizations must be given after October | ||||||
9 | 15 of the current school
year, or after an earlier established | ||||||
10 | date of the current school year, then
the child shall present, | ||||||
11 | by October 15, or by the earlier established date, a
schedule | ||||||
12 | for the administration of the immunizations and a statement of | ||||||
13 | the
medical reasons causing the delay, both the schedule and | ||||||
14 | the statement being
issued by the physician, advanced practice | ||||||
15 | registered nurse, physician assistant,
registered nurse, or | ||||||
16 | local health department that will
be responsible for | ||||||
17 | administration of the remaining required immunizations. If
a | ||||||
18 | child does not comply by October 15, or by the earlier | ||||||
19 | established date of
the current school year, with the | ||||||
20 | requirements of this subsection, then the
local school | ||||||
21 | authority shall exclude that child from school until such time | ||||||
22 | as
the child presents proof of having had the health | ||||||
23 | examination as required and
presents proof of having received | ||||||
24 | those required immunizations which are
medically possible to | ||||||
25 | receive immediately. During a child's exclusion from
school for | ||||||
26 | noncompliance with this subsection, the child's parents or |
| |||||||
| |||||||
1 | legal
guardian shall be considered in violation of Section 26-1 | ||||||
2 | and subject to any
penalty imposed by Section 26-10. This | ||||||
3 | subsection (5) does not apply to dental examinations and eye | ||||||
4 | examinations. If the student is an out-of-state transfer | ||||||
5 | student and does not have the proof required under this | ||||||
6 | subsection (5) before October 15 of the current year or | ||||||
7 | whatever date is set by the school district, then he or she may | ||||||
8 | only attend classes (i) if he or she has proof that an | ||||||
9 | appointment for the required vaccinations has been scheduled | ||||||
10 | with a party authorized to submit proof of the required | ||||||
11 | vaccinations. If the proof of vaccination required under this | ||||||
12 | subsection (5) is not submitted within 30 days after the | ||||||
13 | student is permitted to attend classes, then the student is not | ||||||
14 | to be permitted to attend classes until proof of the | ||||||
15 | vaccinations has been properly submitted. No school district or | ||||||
16 | employee of a school district shall be held liable for any | ||||||
17 | injury or illness to another person that results from admitting | ||||||
18 | an out-of-state transfer student to class that has an | ||||||
19 | appointment scheduled pursuant to this subsection (5). | ||||||
20 | (6) Every school shall report to the State Board of | ||||||
21 | Education by November
15, in the manner which that agency shall | ||||||
22 | require, the number of children who
have received the necessary | ||||||
23 | immunizations and the health examination (other than a dental | ||||||
24 | examination or eye examination) as
required, indicating, of | ||||||
25 | those who have not received the immunizations and
examination | ||||||
26 | as required, the number of children who are exempt from health
|
| |||||||
| |||||||
1 | examination and immunization requirements on religious or | ||||||
2 | medical grounds as
provided in subsection (8). On or before | ||||||
3 | December 1 of each year, every public school district and | ||||||
4 | registered nonpublic school shall make publicly available the | ||||||
5 | immunization data they are required to submit to the State | ||||||
6 | Board of Education by November 15. The immunization data made | ||||||
7 | publicly available must be identical to the data the school | ||||||
8 | district or school has reported to the State Board of | ||||||
9 | Education. | ||||||
10 | Every school shall report to the State Board of Education | ||||||
11 | by June 30, in the manner that the State Board requires, the | ||||||
12 | number of children who have received the required dental | ||||||
13 | examination, indicating, of those who have not received the | ||||||
14 | required dental examination, the number of children who are | ||||||
15 | exempt from the dental examination on religious grounds as | ||||||
16 | provided in subsection (8) of this Section and the number of | ||||||
17 | children who have received a waiver under subsection (1.5) of | ||||||
18 | this Section. | ||||||
19 | Every school shall report to the State Board of Education | ||||||
20 | by June 30, in the manner that the State Board requires, the | ||||||
21 | number of children who have received the required eye | ||||||
22 | examination, indicating, of those who have not received the | ||||||
23 | required eye examination, the number of children who are exempt | ||||||
24 | from the eye examination as provided in subsection (8) of this | ||||||
25 | Section, the number of children who have received a waiver | ||||||
26 | under subsection (1.10) of this Section, and the total number |
| |||||||
| |||||||
1 | of children in noncompliance with the eye examination | ||||||
2 | requirement. | ||||||
3 | The reported information under this subsection (6) shall be | ||||||
4 | provided to the
Department of Public Health by the State Board | ||||||
5 | of Education. | ||||||
6 | (7) Upon determining that the number of pupils who are | ||||||
7 | required to be in
compliance with subsection (5) of this | ||||||
8 | Section is below 90% of the number of
pupils enrolled in the | ||||||
9 | school district, 10% of each State aid payment made
pursuant to | ||||||
10 | Section 18-8.05 to the school district for such year may be | ||||||
11 | withheld
by the State Board of Education until the number of | ||||||
12 | students in compliance with
subsection (5) is the applicable | ||||||
13 | specified percentage or higher. | ||||||
14 | (8) Children of parents or legal guardians who object to | ||||||
15 | health, dental, or eye examinations or any part thereof, to | ||||||
16 | immunizations, or to vision and hearing screening tests on | ||||||
17 | religious grounds shall not be required to undergo the | ||||||
18 | examinations, tests, or immunizations to which they so object | ||||||
19 | if such parents or legal guardians present to the appropriate | ||||||
20 | local school authority a signed Certificate of Religious | ||||||
21 | Exemption detailing the grounds for objection and the specific | ||||||
22 | immunizations, tests, or examinations to which they object. The | ||||||
23 | grounds for objection must set forth the specific religious | ||||||
24 | belief that conflicts with the examination, test, | ||||||
25 | immunization, or other medical intervention. The signed | ||||||
26 | certificate shall also reflect the parent's or legal guardian's |
| |||||||
| |||||||
1 | understanding of the school's exclusion policies in the case of | ||||||
2 | a vaccine-preventable disease outbreak or exposure. The | ||||||
3 | certificate must also be signed by the authorized examining | ||||||
4 | health care provider responsible for the performance of the | ||||||
5 | child's health examination confirming that the provider | ||||||
6 | provided education to the parent or legal guardian on the | ||||||
7 | benefits of immunization and the health risks to the student | ||||||
8 | and to the community of the communicable diseases for which | ||||||
9 | immunization is required in this State. However, the health | ||||||
10 | care provider's signature on the certificate reflects only that | ||||||
11 | education was provided and does not allow a health care | ||||||
12 | provider grounds to determine a religious exemption. Those | ||||||
13 | receiving immunizations required under this Code shall be | ||||||
14 | provided with the relevant vaccine information statements that | ||||||
15 | are required to be disseminated by the federal National | ||||||
16 | Childhood Vaccine Injury Act of 1986, which may contain | ||||||
17 | information on circumstances when a vaccine should not be | ||||||
18 | administered, prior to administering a vaccine. A healthcare | ||||||
19 | provider may consider including without limitation the | ||||||
20 | nationally accepted recommendations from federal agencies such | ||||||
21 | as the Advisory Committee on Immunization Practices, the | ||||||
22 | information outlined in the relevant vaccine information | ||||||
23 | statement, and vaccine package inserts, along with the | ||||||
24 | healthcare provider's clinical judgment, to determine whether | ||||||
25 | any child may be more susceptible to experiencing an adverse | ||||||
26 | vaccine reaction than the general population, and, if so, the |
| |||||||
| |||||||
1 | healthcare provider may exempt the child from an immunization | ||||||
2 | or adopt an individualized immunization schedule. The | ||||||
3 | Certificate of Religious Exemption shall be created by the | ||||||
4 | Department of Public Health and shall be made available and | ||||||
5 | used by parents and legal guardians by the beginning of the | ||||||
6 | 2015-2016 school year. Parents or legal guardians must submit | ||||||
7 | the Certificate of Religious Exemption to their local school | ||||||
8 | authority prior to entering kindergarten, sixth grade, and | ||||||
9 | ninth grade for each child for which they are requesting an | ||||||
10 | exemption. The religious objection stated need not be directed | ||||||
11 | by the tenets of an established religious organization. | ||||||
12 | However, general philosophical or moral reluctance to allow | ||||||
13 | physical examinations, eye examinations, immunizations, vision | ||||||
14 | and hearing screenings, or dental examinations does not provide | ||||||
15 | a sufficient basis for an exception to statutory requirements. | ||||||
16 | The local school authority is responsible for determining if
| ||||||
17 | the content of the Certificate of Religious Exemption
| ||||||
18 | constitutes a valid religious objection.
The local school | ||||||
19 | authority shall inform the parent or legal guardian of | ||||||
20 | exclusion procedures, in accordance with the Department's | ||||||
21 | rules under Part 690 of Title 77 of the Illinois Administrative | ||||||
22 | Code, at the time the objection is presented. | ||||||
23 | If the physical condition
of the child is such that any one | ||||||
24 | or more of the immunizing agents should not
be administered, | ||||||
25 | the examining physician, advanced practice registered nurse, | ||||||
26 | or
physician assistant responsible for the performance of the
|
| |||||||
| |||||||
1 | health examination shall endorse that fact upon the health | ||||||
2 | examination form. | ||||||
3 | Exempting a child from the health,
dental, or eye | ||||||
4 | examination does not exempt the child from
participation in the | ||||||
5 | program of physical education training provided in
Sections | ||||||
6 | 27-5 through 27-7 of this Code. | ||||||
7 | (9) For the purposes of this Section, "nursery schools" | ||||||
8 | means those nursery
schools operated by elementary school | ||||||
9 | systems or secondary level school units
or institutions of | ||||||
10 | higher learning. | ||||||
11 | (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; | ||||||
12 | 99-249, eff. 8-3-15; 99-642, eff. 7-28-16.) | ||||||
13 | Section 90. The Care of Students with Diabetes Act is | ||||||
14 | amended by changing Section 10 as follows: | ||||||
15 | (105 ILCS 145/10)
| ||||||
16 | Sec. 10. Definitions. As used in this Act:
| ||||||
17 | "Delegated care aide" means a school employee who has | ||||||
18 | agreed to receive training in diabetes care and to assist | ||||||
19 | students in implementing their diabetes care plan and has | ||||||
20 | entered into an agreement with a parent or guardian and the | ||||||
21 | school district or private school.
| ||||||
22 | "Diabetes care plan" means a document that specifies the | ||||||
23 | diabetes-related services needed by a student at school and at | ||||||
24 | school-sponsored activities and identifies the appropriate |
| |||||||
| |||||||
1 | staff to provide and supervise these services.
| ||||||
2 | "Health care provider" means a physician licensed to | ||||||
3 | practice medicine in all of its branches, advanced practice | ||||||
4 | registered nurse who has a written agreement with a | ||||||
5 | collaborating physician who authorizes the provision of | ||||||
6 | diabetes care, or a physician assistant who has a written | ||||||
7 | supervision agreement with a supervising physician who | ||||||
8 | authorizes the provision of diabetes care. | ||||||
9 | "Principal" means the principal of the school.
| ||||||
10 | "School" means any primary or secondary public, charter, or | ||||||
11 | private school located in this State.
| ||||||
12 | "School employee" means a person who is employed by a | ||||||
13 | public school district or private school, a person who is | ||||||
14 | employed by a local health department and assigned to a school, | ||||||
15 | or a person who contracts with a school or school district to | ||||||
16 | perform services in connection with a student's diabetes care | ||||||
17 | plan.
This definition must not be interpreted as requiring a | ||||||
18 | school district or private school to hire additional personnel | ||||||
19 | for the sole purpose of serving as a designated care aide.
| ||||||
20 | (Source: P.A. 96-1485, eff. 12-1-10.) | ||||||
21 | Section 95. The Nursing Education Scholarship Law is | ||||||
22 | amended by changing Sections 3, 5, and 6.5 as follows:
| ||||||
23 | (110 ILCS 975/3) (from Ch. 144, par. 2753)
| ||||||
24 | Sec. 3. Definitions.
|
| |||||||
| |||||||
1 | The following terms, whenever used or referred to, have the | ||||||
2 | following
meanings except where the context clearly indicates | ||||||
3 | otherwise:
| ||||||
4 | (1) "Board" means the Board of Higher Education created by | ||||||
5 | the Board
of Higher Education Act.
| ||||||
6 | (2) "Department" means the Illinois Department of Public | ||||||
7 | Health.
| ||||||
8 | (3) "Approved institution" means a public community | ||||||
9 | college, private
junior college, hospital-based diploma in | ||||||
10 | nursing
program, or public or private
college or university | ||||||
11 | located in this State that has approval by the Department of | ||||||
12 | Professional
Regulation for an associate degree in nursing
| ||||||
13 | program,
associate degree in applied
sciences in nursing | ||||||
14 | program, hospital-based diploma in nursing
program,
| ||||||
15 | baccalaureate degree in nursing program, graduate degree in | ||||||
16 | nursing program, or
certificate in practical
nursing program.
| ||||||
17 | (4) "Baccalaureate degree in nursing program" means a | ||||||
18 | program offered by
an
approved institution and leading to a | ||||||
19 | bachelor of science degree in nursing.
| ||||||
20 | (5) "Enrollment" means the establishment and maintenance | ||||||
21 | of an
individual's status as a student in an approved | ||||||
22 | institution, regardless of
the terms used at the institution to | ||||||
23 | describe such status.
| ||||||
24 | (6) "Academic year" means the period of time from September | ||||||
25 | 1 of one
year through August 31 of the next year or as | ||||||
26 | otherwise defined by the
academic institution.
|
| |||||||
| |||||||
1 | (7) "Associate degree in nursing program or hospital-based | ||||||
2 | diploma in
nursing program" means a program
offered by an | ||||||
3 | approved institution and leading to an associate
degree in
| ||||||
4 | nursing, associate degree in applied sciences in nursing, or
| ||||||
5 | hospital-based diploma in nursing.
| ||||||
6 | (8) "Graduate degree in nursing program" means a program | ||||||
7 | offered by an approved institution and leading to a master of | ||||||
8 | science degree in nursing or a doctorate of philosophy or | ||||||
9 | doctorate of nursing degree in nursing.
| ||||||
10 | (9) "Director" means the Director of the Illinois | ||||||
11 | Department of Public
Health.
| ||||||
12 | (10) "Accepted for admission" means a student has completed | ||||||
13 | the
requirements for entry into an associate degree in nursing | ||||||
14 | program,
associate degree in applied sciences in nursing | ||||||
15 | program, hospital-based
diploma in nursing program,
| ||||||
16 | baccalaureate degree in nursing program, graduate degree in | ||||||
17 | nursing program, or
certificate in practical nursing program at | ||||||
18 | an approved institution, as
documented by the
institution.
| ||||||
19 | (11) "Fees" means those mandatory charges, in addition to | ||||||
20 | tuition, that
all enrolled students must pay, including | ||||||
21 | required course or lab fees.
| ||||||
22 | (12) "Full-time student" means a student enrolled for at | ||||||
23 | least 12 hours
per
term or as otherwise determined by the | ||||||
24 | academic institution.
| ||||||
25 | (13) "Law" means the Nursing Education Scholarship Law.
| ||||||
26 | (14) "Nursing employment obligation" means employment in |
| |||||||
| |||||||
1 | this State as a
registered
professional
nurse, licensed | ||||||
2 | practical nurse, or advanced practice registered nurse in | ||||||
3 | direct patient care
for at least one year for each year of | ||||||
4 | scholarship assistance received through
the Nursing
Education | ||||||
5 | Scholarship Program.
| ||||||
6 | (15) "Part-time student" means a person who is enrolled for | ||||||
7 | at least
one-third of the number of hours required per term by | ||||||
8 | a school for its
full-time students.
| ||||||
9 | (16) "Practical nursing program" means a program offered by | ||||||
10 | an approved
institution leading to a certificate in practical | ||||||
11 | nursing.
| ||||||
12 | (17) "Registered professional nurse" means a
person who is | ||||||
13 | currently licensed as a registered professional nurse
by the | ||||||
14 | Department of Professional
Regulation under the Nurse Practice | ||||||
15 | Act.
| ||||||
16 | (18) "Licensed practical nurse" means a
person who is | ||||||
17 | currently licensed as a licensed practical nurse
by the | ||||||
18 | Department of Professional
Regulation under the Nurse Practice | ||||||
19 | Act.
| ||||||
20 | (19) "School term" means an academic term, such as a | ||||||
21 | semester, quarter,
trimester, or number of clock hours, as | ||||||
22 | defined by an approved institution.
| ||||||
23 | (20) "Student in good standing" means a student maintaining | ||||||
24 | a cumulative
grade point average equivalent to at least the | ||||||
25 | academic grade of a "C".
| ||||||
26 | (21) "Total and permanent disability" means a physical or |
| |||||||
| |||||||
1 | mental impairment,
disease, or loss of a permanent nature that | ||||||
2 | prevents nursing employment with or
without reasonable | ||||||
3 | accommodation. Proof of disability shall be a declaration
from | ||||||
4 | the social security administration, Illinois Workers' | ||||||
5 | Compensation Commission,
Department of Defense, or an insurer | ||||||
6 | authorized to transact business in
Illinois who is providing | ||||||
7 | disability insurance coverage to a contractor.
| ||||||
8 | (22) "Tuition" means the established charges of an | ||||||
9 | institution of higher
learning for instruction at that | ||||||
10 | institution.
| ||||||
11 | (23) "Nurse educator" means a person who is currently | ||||||
12 | licensed as a registered nurse by the Department of | ||||||
13 | Professional Regulation under the Nurse Practice Act, who has a | ||||||
14 | graduate degree in nursing, and who is employed by an approved | ||||||
15 | academic institution to educate registered nursing students, | ||||||
16 | licensed practical nursing students, and registered nurses | ||||||
17 | pursuing graduate degrees.
| ||||||
18 | (24) "Nurse educator employment obligation" means | ||||||
19 | employment in this State as a nurse educator for at least 2 | ||||||
20 | years for each year of scholarship assistance received under | ||||||
21 | Section 6.5 of this Law. | ||||||
22 | Rulemaking authority to implement this amendatory Act of | ||||||
23 | the 96th General Assembly, if any, is conditioned on the rules | ||||||
24 | being adopted in accordance with all provisions of the Illinois | ||||||
25 | Administrative Procedure Act and all rules and procedures of | ||||||
26 | the Joint Committee on Administrative Rules; any purported rule |
| |||||||
| |||||||
1 | not so adopted, for whatever reason, is unauthorized. | ||||||
2 | (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07; | ||||||
3 | 96-805, eff. 10-30-09.)
| ||||||
4 | (110 ILCS 975/5) (from Ch. 144, par. 2755)
| ||||||
5 | Sec. 5. Nursing education scholarships. Beginning with the | ||||||
6 | fall term of the 2004-2005
academic year, the
Department, in | ||||||
7 | accordance with rules and regulations promulgated by it for | ||||||
8 | this
program, shall provide scholarships to individuals | ||||||
9 | selected
from among those applicants who qualify for | ||||||
10 | consideration by showing:
| ||||||
11 | (1) that he or she has been a resident of this State | ||||||
12 | for at least one
year prior to application, and is a | ||||||
13 | citizen or a lawful permanent resident
alien of the United | ||||||
14 | States;
| ||||||
15 | (2) that he or she is enrolled in or accepted for | ||||||
16 | admission to an associate degree in
nursing program, | ||||||
17 | hospital-based
diploma in nursing program, baccalaureate | ||||||
18 | degree
in nursing program, graduate degree in nursing | ||||||
19 | program, or practical nursing program at an approved
| ||||||
20 | institution; and
| ||||||
21 | (3) that he or she agrees to meet the nursing | ||||||
22 | employment obligation.
| ||||||
23 | If in any year the number of qualified applicants exceeds | ||||||
24 | the number of
scholarships to be awarded, the Department shall, | ||||||
25 | in consultation with the Illinois Nursing Workforce Center for |
| |||||||
| |||||||
1 | Nursing Advisory Board, consider the following factors in | ||||||
2 | granting priority in awarding
scholarships: | ||||||
3 | (A) Financial need, as shown on a
standardized | ||||||
4 | financial needs assessment form used by an approved
| ||||||
5 | institution, of students who will pursue their | ||||||
6 | education on a full-time or close to
full-time
basis | ||||||
7 | and who already have a certificate in practical | ||||||
8 | nursing, a diploma
in nursing, or an associate degree | ||||||
9 | in nursing and are pursuing a higher
degree.
| ||||||
10 | (B) A student's status as a registered nurse who is | ||||||
11 | pursuing a graduate degree in nursing to pursue | ||||||
12 | employment in an approved institution that educates | ||||||
13 | licensed practical nurses and that educates registered | ||||||
14 | nurses in undergraduate and graduate nursing programs.
| ||||||
15 | (C) A student's merit, as shown through his or her | ||||||
16 | grade point average, class rank, and other academic and | ||||||
17 | extracurricular activities. The Department may add to | ||||||
18 | and further define these merit criteria by rule.
| ||||||
19 | Unless otherwise indicated, scholarships shall be awarded | ||||||
20 | to
recipients at approved institutions for a period
of up to 2 | ||||||
21 | years if the recipient is enrolled in an
associate degree in
| ||||||
22 | nursing
program, up to 3 years if the recipient is enrolled in | ||||||
23 | a hospital-based
diploma in nursing program, up to 4 years if | ||||||
24 | the recipient is enrolled in a
baccalaureate degree in nursing | ||||||
25 | program, up to 5 years if the recipient is enrolled in a | ||||||
26 | graduate degree in nursing program, and up to one year if the
|
| |||||||
| |||||||
1 | recipient is enrolled in a certificate in practical nursing | ||||||
2 | program. At least
40% of the scholarships awarded shall be for | ||||||
3 | recipients who are
pursuing baccalaureate degrees in nursing, | ||||||
4 | 30% of the scholarships
awarded shall be for recipients who are | ||||||
5 | pursuing associate degrees in
nursing
or a diploma in nursing, | ||||||
6 | 10% of the scholarships awarded
shall be for recipients who are | ||||||
7 | pursuing a certificate in practical nursing, and 20% of the | ||||||
8 | scholarships awarded shall be for recipients who are pursuing a | ||||||
9 | graduate degree in nursing.
| ||||||
10 | (Source: P.A. 93-879, eff. 1-1-05; 94-1020, eff. 7-11-06.)
| ||||||
11 | (110 ILCS 975/6.5) | ||||||
12 | Sec. 6.5. Nurse educator scholarships. | ||||||
13 | (a) Beginning with the fall term of the 2009-2010 academic | ||||||
14 | year, the Department shall provide scholarships to individuals | ||||||
15 | selected from among those applicants who qualify for | ||||||
16 | consideration by showing the following: | ||||||
17 | (1) that he or she has been a resident of this State | ||||||
18 | for at least one year prior to application and is a citizen | ||||||
19 | or a lawful permanent resident alien of the United States; | ||||||
20 | (2) that he or she is enrolled in or accepted for | ||||||
21 | admission to a graduate degree in nursing program at an | ||||||
22 | approved institution; and | ||||||
23 | (3) that he or she agrees to meet the nurse educator | ||||||
24 | employment obligation. | ||||||
25 | (b) If in any year the number of qualified applicants |
| |||||||
| |||||||
1 | exceeds the number of scholarships to be awarded under this | ||||||
2 | Section, the Department shall, in consultation with the | ||||||
3 | Illinois Nursing Workforce Center for Nursing Advisory Board, | ||||||
4 | consider the following factors in granting priority in awarding | ||||||
5 | scholarships: | ||||||
6 | (1) Financial need, as shown on a standardized | ||||||
7 | financial needs assessment form used by an approved | ||||||
8 | institution, of students who will pursue their education on | ||||||
9 | a full-time or close to full-time basis and who already | ||||||
10 | have a diploma in nursing and are pursuing a higher degree. | ||||||
11 | (2) A student's status as a registered nurse who is | ||||||
12 | pursuing a graduate degree in nursing to pursue employment | ||||||
13 | in an approved institution that educates licensed | ||||||
14 | practical nurses and that educates registered nurses in | ||||||
15 | undergraduate and graduate nursing programs. | ||||||
16 | (3) A student's merit, as shown through his or her | ||||||
17 | grade point average, class rank, experience as a nurse, | ||||||
18 | including supervisory experience, experience as a nurse in | ||||||
19 | the United States military, and other academic and | ||||||
20 | extracurricular activities. | ||||||
21 | (c) Unless otherwise indicated, scholarships under this | ||||||
22 | Section shall be awarded to recipients at approved institutions | ||||||
23 | for a period of up to 3 years. | ||||||
24 | (d) Within 12 months after graduation from a graduate | ||||||
25 | degree in nursing program for nurse educators, any recipient | ||||||
26 | who accepted a scholarship under this Section shall begin |
| |||||||
| |||||||
1 | meeting the required nurse educator employment obligation. In | ||||||
2 | order to defer his or her continuous employment obligation, a | ||||||
3 | recipient must request the deferment in writing from the | ||||||
4 | Department. A recipient shall receive a deferment if he or she | ||||||
5 | notifies the Department, within 30 days after enlisting, that | ||||||
6 | he or she is spending up to 4 years in military service. A | ||||||
7 | recipient shall receive a deferment if he or she notifies the | ||||||
8 | Department, within 30 days after enrolling, that he or she is | ||||||
9 | enrolled in an academic program leading to a graduate degree in | ||||||
10 | nursing. The recipient must begin meeting the required nurse | ||||||
11 | educator employment obligation no later than 6 months after the | ||||||
12 | end of the deferment or deferments. | ||||||
13 | Any person who fails to fulfill the nurse educator | ||||||
14 | employment obligation shall pay to the Department an amount | ||||||
15 | equal to the amount of scholarship funds received per year for | ||||||
16 | each unfulfilled year of the nurse educator employment | ||||||
17 | obligation, together with interest at 7% per year on the unpaid | ||||||
18 | balance. Payment must begin within 6 months following the date | ||||||
19 | of the occurrence initiating the repayment. All repayments must | ||||||
20 | be completed within 6 years from the date of the occurrence | ||||||
21 | initiating the repayment. However, this repayment obligation | ||||||
22 | may be deferred and re-evaluated every 6 months when the | ||||||
23 | failure to fulfill the nurse educator employment obligation | ||||||
24 | results from involuntarily leaving the profession due to a | ||||||
25 | decrease in the number of nurses employed in this State or when | ||||||
26 | the failure to fulfill the nurse educator employment obligation |
| |||||||
| |||||||
1 | results from total and permanent disability. The repayment | ||||||
2 | obligation shall be excused if the failure to fulfill the nurse | ||||||
3 | educator employment obligation results from the death or | ||||||
4 | adjudication as incompetent of the person holding the | ||||||
5 | scholarship. No claim for repayment may be filed against the | ||||||
6 | estate of such a decedent or incompetent. | ||||||
7 | The Department may allow a nurse educator employment | ||||||
8 | obligation fulfillment alternative if the nurse educator | ||||||
9 | scholarship recipient is unsuccessful in finding work as a | ||||||
10 | nurse educator. The Department shall maintain a database of all | ||||||
11 | available nurse educator positions in this State. | ||||||
12 | (e) Each person applying for a scholarship under this | ||||||
13 | Section must be provided with a copy of this Section at the | ||||||
14 | time of application for the benefits of this scholarship. | ||||||
15 | (f) Rulemaking authority to implement this amendatory Act | ||||||
16 | of the 96th General Assembly, if any, is conditioned on the | ||||||
17 | rules being adopted in accordance with all provisions of the | ||||||
18 | Illinois Administrative Procedure Act and all rules and | ||||||
19 | procedures of the Joint Committee on Administrative Rules; any | ||||||
20 | purported rule not so adopted, for whatever reason, is | ||||||
21 | unauthorized.
| ||||||
22 | (Source: P.A. 96-805, eff. 10-30-09.) | ||||||
23 | Section 100. The Ambulatory Surgical Treatment Center Act | ||||||
24 | is amended by changing Section 6.5 as follows:
|
| |||||||
| |||||||
1 | (210 ILCS 5/6.5)
| ||||||
2 | Sec. 6.5. Clinical privileges; advanced practice | ||||||
3 | registered nurses. All ambulatory surgical treatment centers | ||||||
4 | (ASTC) licensed under this Act
shall
comply with the following | ||||||
5 | requirements:
| ||||||
6 | (1) No ASTC policy, rule, regulation, or practice shall | ||||||
7 | be inconsistent
with the provision of adequate | ||||||
8 | collaboration and consultation in accordance with Section | ||||||
9 | 54.5 of the Medical
Practice Act of 1987.
| ||||||
10 | (2) Operative surgical procedures shall be performed | ||||||
11 | only by a physician
licensed to
practice medicine in
all | ||||||
12 | its branches under the Medical Practice Act of 1987, a | ||||||
13 | dentist
licensed under the
Illinois Dental Practice Act, or | ||||||
14 | a podiatric physician licensed under the Podiatric
Medical | ||||||
15 | Practice Act of 1987,
with medical staff membership and | ||||||
16 | surgical clinical privileges granted by the
consulting
| ||||||
17 | committee of the ASTC. A licensed physician, dentist, or | ||||||
18 | podiatric physician may
be assisted by
a physician licensed | ||||||
19 | to practice medicine in all its branches, dentist, dental
| ||||||
20 | assistant, podiatric physician, licensed
advanced practice | ||||||
21 | registered nurse, licensed physician assistant, licensed
| ||||||
22 | registered nurse, licensed practical nurse,
surgical
| ||||||
23 | assistant, surgical technician, or other individuals | ||||||
24 | granted clinical
privileges to assist in surgery
by the | ||||||
25 | consulting committee of the ASTC.
Payment for services | ||||||
26 | rendered by an assistant in surgery who is not an
|
| |||||||
| |||||||
1 | ambulatory surgical treatment center employee shall be | ||||||
2 | paid
at the appropriate non-physician modifier
rate if the | ||||||
3 | payor would have made payment had the same services been | ||||||
4 | provided
by a physician.
| ||||||
5 | (2.5) A registered nurse licensed under the Nurse | ||||||
6 | Practice Act and qualified by training and experience in | ||||||
7 | operating room nursing shall be present in the operating | ||||||
8 | room and function as the circulating nurse during all | ||||||
9 | invasive or operative procedures. For purposes of this | ||||||
10 | paragraph (2.5), "circulating nurse" means a registered | ||||||
11 | nurse who is responsible for coordinating all nursing care, | ||||||
12 | patient safety needs, and the needs of the surgical team in | ||||||
13 | the operating room during an invasive or operative | ||||||
14 | procedure.
| ||||||
15 | (3) An advanced practice registered nurse is not | ||||||
16 | required to possess prescriptive authority or a written | ||||||
17 | collaborative agreement meeting the requirements of the | ||||||
18 | Nurse Practice Act to provide advanced practice registered | ||||||
19 | nursing services in an ambulatory surgical treatment | ||||||
20 | center. An advanced practice registered nurse must possess | ||||||
21 | clinical privileges granted by the consulting medical | ||||||
22 | staff committee and ambulatory surgical treatment center | ||||||
23 | in order to provide services. Individual advanced practice | ||||||
24 | registered nurses may also be granted clinical privileges | ||||||
25 | to order, select, and administer medications, including | ||||||
26 | controlled substances, to provide delineated care. The |
| |||||||
| |||||||
1 | attending physician must determine the advanced practice | ||||||
2 | registered nurse's role in providing care for his or her | ||||||
3 | patients, except as otherwise provided in the consulting | ||||||
4 | staff policies. The consulting medical staff committee | ||||||
5 | shall periodically review the services of advanced | ||||||
6 | practice registered nurses granted privileges.
| ||||||
7 | (4) The anesthesia service shall be under the direction | ||||||
8 | of a physician
licensed to practice
medicine in all its | ||||||
9 | branches who has had specialized preparation or experience
| ||||||
10 | in the area
or who has completed a residency in | ||||||
11 | anesthesiology. An anesthesiologist, Board
certified or
| ||||||
12 | Board eligible, is recommended. Anesthesia services may
| ||||||
13 | only be
administered pursuant to the order of a physician | ||||||
14 | licensed to practice medicine
in all its
branches, licensed | ||||||
15 | dentist, or licensed podiatric physician.
| ||||||
16 | (A) The individuals who, with clinical privileges | ||||||
17 | granted by the medical
staff and ASTC, may
administer | ||||||
18 | anesthesia services are limited to the
following:
| ||||||
19 | (i) an anesthesiologist; or
| ||||||
20 | (ii) a physician licensed to practice medicine | ||||||
21 | in all its branches; or
| ||||||
22 | (iii) a dentist with authority to administer | ||||||
23 | anesthesia under Section
8.1 of the
Illinois | ||||||
24 | Dental Practice Act; or
| ||||||
25 | (iv) a licensed certified registered nurse | ||||||
26 | anesthetist; or |
| |||||||
| |||||||
1 | (v) a podiatric physician licensed under the | ||||||
2 | Podiatric Medical Practice Act of 1987.
| ||||||
3 | (B) For anesthesia services, an anesthesiologist
| ||||||
4 | shall
participate through discussion of and agreement | ||||||
5 | with the anesthesia plan and
shall remain physically | ||||||
6 | present and be
available on
the premises during the | ||||||
7 | delivery of anesthesia services for
diagnosis, | ||||||
8 | consultation, and treatment of emergency medical
| ||||||
9 | conditions.
In the absence of 24-hour availability of | ||||||
10 | anesthesiologists with clinical
privileges, an | ||||||
11 | alternate policy (requiring
participation, presence,
| ||||||
12 | and availability of a
physician licensed to practice | ||||||
13 | medicine in all its
branches) shall be
developed by the | ||||||
14 | medical staff consulting committee in consultation | ||||||
15 | with the
anesthesia service and included in the medical
| ||||||
16 | staff
consulting committee policies.
| ||||||
17 | (C) A certified registered nurse anesthetist is | ||||||
18 | not required to possess
prescriptive authority or a | ||||||
19 | written collaborative agreement meeting the
| ||||||
20 | requirements of Section 65-35 of the Nurse Practice Act
| ||||||
21 | to provide anesthesia services
ordered by a licensed | ||||||
22 | physician, dentist, or podiatric physician. Licensed | ||||||
23 | certified
registered nurse anesthetists are authorized | ||||||
24 | to
select, order, and
administer drugs and apply the | ||||||
25 | appropriate medical devices in the provision of
| ||||||
26 | anesthesia
services under the anesthesia plan agreed |
| |||||||
| |||||||
1 | with by the
anesthesiologist or, in the absence of an | ||||||
2 | available anesthesiologist with
clinical privileges,
| ||||||
3 | agreed with by the
operating physician, operating | ||||||
4 | dentist, or operating podiatric physician in | ||||||
5 | accordance
with the medical
staff consulting committee | ||||||
6 | policies of a licensed ambulatory surgical treatment
| ||||||
7 | center.
| ||||||
8 | (Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
| ||||||
9 | Section 105. The Assisted Living and Shared Housing Act is | ||||||
10 | amended by changing Section 10 as follows: | ||||||
11 | (210 ILCS 9/10) | ||||||
12 | Sec. 10. Definitions. For purposes of this Act: | ||||||
13 | "Activities of daily living" means eating, dressing, | ||||||
14 | bathing, toileting,
transferring, or personal
hygiene. | ||||||
15 | "Assisted living establishment" or "establishment" means a | ||||||
16 | home, building,
residence, or any
other place where sleeping | ||||||
17 | accommodations are provided for at least 3
unrelated adults,
at | ||||||
18 | least 80% of whom are 55 years of age or older and where the | ||||||
19 | following are
provided
consistent with the purposes of this | ||||||
20 | Act: | ||||||
21 | (1) services consistent with a social model that is | ||||||
22 | based on the premise
that the
resident's unit in assisted | ||||||
23 | living and shared housing is his or her own home; | ||||||
24 | (2) community-based residential care for persons who |
| |||||||
| |||||||
1 | need assistance with
activities of
daily living, including | ||||||
2 | personal, supportive, and intermittent
health-related | ||||||
3 | services available 24 hours per day, if needed, to meet the
| ||||||
4 | scheduled
and
unscheduled needs of a resident; | ||||||
5 | (3) mandatory services, whether provided directly by | ||||||
6 | the establishment or
by another
entity arranged for by the | ||||||
7 | establishment, with the consent of the resident or
| ||||||
8 | resident's
representative; and | ||||||
9 | (4) a physical environment that is a homelike
setting | ||||||
10 | that
includes the following and such other elements as | ||||||
11 | established by the Department:
individual living units | ||||||
12 | each of which shall accommodate small kitchen
appliances
| ||||||
13 | and contain private bathing, washing, and toilet | ||||||
14 | facilities, or private washing
and
toilet facilities with a | ||||||
15 | common bathing room readily accessible to each
resident.
| ||||||
16 | Units shall be maintained for single occupancy except in | ||||||
17 | cases in which 2
residents
choose to share a unit. | ||||||
18 | Sufficient common space shall exist to permit
individual | ||||||
19 | and
group activities. | ||||||
20 | "Assisted living establishment" or "establishment" does | ||||||
21 | not mean any of the
following: | ||||||
22 | (1) A home, institution, or similar place operated by | ||||||
23 | the federal
government or the
State of Illinois. | ||||||
24 | (2) A long term care facility licensed under the | ||||||
25 | Nursing Home Care Act, a facility licensed under the | ||||||
26 | Specialized Mental Health Rehabilitation Act of 2013, a |
| |||||||
| |||||||
1 | facility licensed under the ID/DD Community Care Act, or a | ||||||
2 | facility licensed under the MC/DD Act.
However, a
facility | ||||||
3 | licensed under any of those Acts may convert distinct parts | ||||||
4 | of the facility to assisted
living. If
the facility elects | ||||||
5 | to do so, the facility shall retain the
Certificate of
Need | ||||||
6 | for its nursing and sheltered care beds that were | ||||||
7 | converted. | ||||||
8 | (3) A hospital, sanitarium, or other institution, the | ||||||
9 | principal activity
or business of
which is the diagnosis, | ||||||
10 | care, and treatment of human illness and that is
required | ||||||
11 | to
be licensed under the Hospital Licensing Act. | ||||||
12 | (4) A facility for child care as defined in the Child | ||||||
13 | Care Act of 1969. | ||||||
14 | (5) A community living facility as defined in the | ||||||
15 | Community Living
Facilities
Licensing Act. | ||||||
16 | (6) A nursing home or sanitarium operated solely by and | ||||||
17 | for persons who
rely
exclusively upon treatment by | ||||||
18 | spiritual means through prayer in accordance with
the creed | ||||||
19 | or tenants of a well-recognized church or religious | ||||||
20 | denomination. | ||||||
21 | (7) A facility licensed by the Department of Human | ||||||
22 | Services as a
community-integrated living arrangement as | ||||||
23 | defined in the Community-Integrated
Living
Arrangements | ||||||
24 | Licensure and Certification Act. | ||||||
25 | (8) A supportive residence licensed under the | ||||||
26 | Supportive Residences
Licensing Act. |
| |||||||
| |||||||
1 | (9) The portion of a life care facility as defined in | ||||||
2 | the Life Care Facilities Act not licensed as an assisted | ||||||
3 | living establishment under this Act; a
life care facility | ||||||
4 | may
apply under this Act to convert sections of the | ||||||
5 | community to assisted living. | ||||||
6 | (10) A free-standing hospice facility licensed under | ||||||
7 | the Hospice Program
Licensing Act. | ||||||
8 | (11) A shared housing establishment. | ||||||
9 | (12) A supportive living facility as described in | ||||||
10 | Section 5-5.01a of the
Illinois Public Aid
Code. | ||||||
11 | "Department" means the Department of Public Health. | ||||||
12 | "Director" means the Director of Public Health. | ||||||
13 | "Emergency situation" means imminent danger of death or | ||||||
14 | serious physical
harm to a
resident of an establishment. | ||||||
15 | "License" means any of the following types of licenses | ||||||
16 | issued to an applicant
or licensee by the
Department: | ||||||
17 | (1) "Probationary license" means a license issued to an | ||||||
18 | applicant or
licensee
that has not
held a license under | ||||||
19 | this Act prior to its application or pursuant to a license
| ||||||
20 | transfer in accordance with Section 50 of this Act. | ||||||
21 | (2) "Regular license" means a license issued by the | ||||||
22 | Department to an
applicant or
licensee that is in
| ||||||
23 | substantial compliance with this Act and any rules | ||||||
24 | promulgated
under this Act. | ||||||
25 | "Licensee" means a person, agency, association, | ||||||
26 | corporation, partnership, or
organization that
has been issued |
| |||||||
| |||||||
1 | a license to operate an assisted living or shared housing
| ||||||
2 | establishment. | ||||||
3 | "Licensed health care professional" means a registered | ||||||
4 | professional nurse,
an advanced practice registered nurse, a | ||||||
5 | physician assistant, and a licensed practical
nurse. | ||||||
6 | "Mandatory services" include the following: | ||||||
7 | (1) 3 meals per day available to the residents prepared | ||||||
8 | by the
establishment or an
outside contractor; | ||||||
9 | (2) housekeeping services including, but not limited | ||||||
10 | to, vacuuming,
dusting, and
cleaning the resident's unit; | ||||||
11 | (3) personal laundry and linen services available to | ||||||
12 | the residents
provided
or arranged
for by the | ||||||
13 | establishment; | ||||||
14 | (4) security provided 24 hours each day including, but | ||||||
15 | not limited to,
locked entrances
or building or contract | ||||||
16 | security personnel; | ||||||
17 | (5) an emergency communication response system, which | ||||||
18 | is a procedure in
place 24
hours each day by which a | ||||||
19 | resident can notify building management, an emergency
| ||||||
20 | response vendor, or others able to respond to his or her | ||||||
21 | need for assistance;
and | ||||||
22 | (6) assistance with activities of daily living as | ||||||
23 | required by each
resident. | ||||||
24 | "Negotiated risk" is the process by which a resident, or | ||||||
25 | his or her
representative,
may formally
negotiate with | ||||||
26 | providers what risks each are willing and unwilling to assume |
| |||||||
| |||||||
1 | in
service provision
and the resident's living environment. The | ||||||
2 | provider assures that the resident
and the
resident's | ||||||
3 | representative, if any, are informed of the risks of these | ||||||
4 | decisions
and of
the potential
consequences of assuming these | ||||||
5 | risks. | ||||||
6 | "Owner" means the individual, partnership, corporation, | ||||||
7 | association, or other
person who owns
an assisted living or | ||||||
8 | shared housing establishment. In the event an assisted
living | ||||||
9 | or shared
housing establishment is operated by a person who | ||||||
10 | leases or manages the
physical plant, which is
owned by another | ||||||
11 | person, "owner" means the person who operates the assisted
| ||||||
12 | living or shared
housing establishment, except that if the | ||||||
13 | person who owns the physical plant is
an affiliate of the
| ||||||
14 | person who operates the assisted living or shared housing | ||||||
15 | establishment and has
significant
control over the day to day | ||||||
16 | operations of the assisted living or shared housing
| ||||||
17 | establishment, the
person who owns the physical plant shall | ||||||
18 | incur jointly and severally with the
owner all liabilities
| ||||||
19 | imposed on an owner under this Act. | ||||||
20 | "Physician" means a person licensed
under the Medical | ||||||
21 | Practice Act of 1987
to practice medicine in all of its
| ||||||
22 | branches. | ||||||
23 | "Resident" means a person residing in an assisted living or | ||||||
24 | shared housing
establishment. | ||||||
25 | "Resident's representative" means a person, other than the | ||||||
26 | owner, agent, or
employee of an
establishment or of the health |
| |||||||
| |||||||
1 | care provider unless related to the resident,
designated in | ||||||
2 | writing by a
resident to be his or her
representative. This | ||||||
3 | designation may be accomplished through the Illinois
Power of | ||||||
4 | Attorney Act, pursuant to the guardianship process under the | ||||||
5 | Probate
Act of 1975, or pursuant to an executed designation of | ||||||
6 | representative form
specified by the Department. | ||||||
7 | "Self" means the individual or the individual's designated | ||||||
8 | representative. | ||||||
9 | "Shared housing establishment" or "establishment" means a | ||||||
10 | publicly or
privately operated free-standing
residence for 16 | ||||||
11 | or fewer persons, at least 80% of whom are 55
years of age or | ||||||
12 | older
and who are unrelated to the owners and one manager of | ||||||
13 | the residence, where
the following are provided: | ||||||
14 | (1) services consistent with a social model that is | ||||||
15 | based on the premise
that the resident's unit is his or her | ||||||
16 | own home; | ||||||
17 | (2) community-based residential care for persons who | ||||||
18 | need assistance with
activities of daily living, including | ||||||
19 | housing and personal, supportive, and
intermittent | ||||||
20 | health-related services available 24 hours per day, if | ||||||
21 | needed, to
meet the scheduled and unscheduled needs of a | ||||||
22 | resident; and | ||||||
23 | (3) mandatory services, whether provided directly by | ||||||
24 | the establishment or
by another entity arranged for by the | ||||||
25 | establishment, with the consent of the
resident or the | ||||||
26 | resident's representative. |
| |||||||
| |||||||
1 | "Shared housing establishment" or "establishment" does not | ||||||
2 | mean any of the
following: | ||||||
3 | (1) A home, institution, or similar place operated by | ||||||
4 | the federal
government or the State of Illinois. | ||||||
5 | (2) A long term care facility licensed under the | ||||||
6 | Nursing Home Care Act, a facility licensed under the | ||||||
7 | Specialized Mental Health Rehabilitation Act of 2013, a | ||||||
8 | facility licensed under the ID/DD Community Care Act, or a | ||||||
9 | facility licensed under the MC/DD Act.
A facility licensed | ||||||
10 | under any of those Acts may, however, convert sections of | ||||||
11 | the facility to
assisted living. If the facility elects to | ||||||
12 | do so, the facility
shall retain the Certificate of Need | ||||||
13 | for its nursing beds that were
converted. | ||||||
14 | (3) A hospital, sanitarium, or other institution, the | ||||||
15 | principal activity
or business of which is the diagnosis, | ||||||
16 | care, and treatment of human illness and
that is required | ||||||
17 | to be licensed under the Hospital Licensing Act. | ||||||
18 | (4) A facility for child care as defined in the Child | ||||||
19 | Care Act of 1969. | ||||||
20 | (5) A community living facility as defined in the | ||||||
21 | Community Living
Facilities Licensing Act. | ||||||
22 | (6) A nursing home or sanitarium operated solely by and | ||||||
23 | for persons who
rely exclusively upon treatment by | ||||||
24 | spiritual means through prayer in accordance
with the creed | ||||||
25 | or tenants of a well-recognized church or religious
| ||||||
26 | denomination. |
| |||||||
| |||||||
1 | (7) A facility licensed by the Department of Human | ||||||
2 | Services as a
community-integrated
living arrangement as | ||||||
3 | defined in the Community-Integrated
Living Arrangements | ||||||
4 | Licensure and Certification Act. | ||||||
5 | (8) A supportive residence licensed under the | ||||||
6 | Supportive Residences
Licensing Act. | ||||||
7 | (9) A life care facility as defined in the Life Care | ||||||
8 | Facilities Act; a
life care facility may apply under this | ||||||
9 | Act to convert sections of the
community to assisted | ||||||
10 | living. | ||||||
11 | (10) A free-standing hospice facility licensed under | ||||||
12 | the Hospice Program
Licensing Act. | ||||||
13 | (11) An assisted living establishment. | ||||||
14 | (12) A supportive living facility as described in | ||||||
15 | Section 5-5.01a of the
Illinois Public Aid Code. | ||||||
16 | "Total assistance" means that staff or another individual | ||||||
17 | performs the entire
activity of daily
living without | ||||||
18 | participation by the resident. | ||||||
19 | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) | ||||||
20 | Section 110. The Illinois Clinical Laboratory and Blood | ||||||
21 | Bank Act is amended by changing Section 7-101 as follows:
| ||||||
22 | (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
| ||||||
23 | Sec. 7-101. Examination of specimens. A clinical | ||||||
24 | laboratory shall examine
specimens only at the request of (i) a |
| |||||||
| |||||||
1 | licensed physician, (ii) a
licensed dentist, (iii) a licensed | ||||||
2 | podiatric physician, (iv) a licensed
optometrist,
(v) a | ||||||
3 | licensed
physician assistant,
(v-A) a licensed advanced | ||||||
4 | practice registered nurse,
(vi) an authorized law enforcement | ||||||
5 | agency or, in the case of blood
alcohol, at the request of the | ||||||
6 | individual for whom the test is to be performed
in compliance | ||||||
7 | with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code, | ||||||
8 | or (vii) a genetic counselor with the specific authority from a | ||||||
9 | referral to order a test or tests pursuant to subsection (b) of | ||||||
10 | Section 20 of the Genetic Counselor Licensing Act.
If the | ||||||
11 | request to a laboratory is oral, the physician or other | ||||||
12 | authorized
person shall submit a written request to the | ||||||
13 | laboratory within 48 hours. If
the laboratory does not receive | ||||||
14 | the written request within that period, it
shall note that fact | ||||||
15 | in its records. For purposes of this Section, a request
made by | ||||||
16 | electronic mail or fax constitutes a written request.
| ||||||
17 | (Source: P.A. 98-185, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756, | ||||||
18 | eff. 7-16-14; 98-767, eff. 1-1-15; 99-173, eff. 7-29-15.)
| ||||||
19 | Section 115. The Nursing Home Care Act is amended by | ||||||
20 | changing Section 3-206.05 as follows: | ||||||
21 | (210 ILCS 45/3-206.05) | ||||||
22 | Sec. 3-206.05. Safe resident handling policy. | ||||||
23 | (a) In this Section: | ||||||
24 | "Health care worker" means an individual providing direct |
| |||||||
| |||||||
1 | resident care services who may be required to lift, transfer, | ||||||
2 | reposition, or move a resident. | ||||||
3 | "Nurse" means an advanced practice registered nurse, a | ||||||
4 | registered nurse, or a licensed practical nurse licensed under | ||||||
5 | the Nurse Practice Act. | ||||||
6 | "Safe lifting equipment and accessories" means mechanical
| ||||||
7 | equipment designed to lift, move, reposition, and transfer
| ||||||
8 | residents, including, but not limited to, fixed and portable
| ||||||
9 | ceiling lifts, sit-to-stand lifts, slide sheets and boards,
| ||||||
10 | slings, and repositioning and turning sheets. | ||||||
11 | "Safe lifting team" means at least 2 individuals who are
| ||||||
12 | trained and proficient in the use of both safe lifting | ||||||
13 | techniques and safe
lifting equipment and accessories. | ||||||
14 | "Adjustable equipment" means products and devices that may | ||||||
15 | be adapted for use by individuals with physical and other | ||||||
16 | disabilities in order to optimize accessibility. Adjustable | ||||||
17 | equipment includes, but is not limited to, the following: | ||||||
18 | (1) Wheelchairs with adjustable footrest height and | ||||||
19 | seat width and depth. | ||||||
20 | (2) Height-adjustable, drop-arm commode chairs and | ||||||
21 | height-adjustable shower gurneys or shower benches to | ||||||
22 | enable individuals with mobility disabilities to use a | ||||||
23 | toilet and to shower safely and with increased comfort. | ||||||
24 | (3) Accessible weight scales that accommodate | ||||||
25 | wheelchair users. | ||||||
26 | (4) Height-adjustable beds that can be lowered to |
| |||||||
| |||||||
1 | accommodate individuals with mobility disabilities in | ||||||
2 | getting in and out of bed and that utilize drop-down side | ||||||
3 | railings for stability and positioning support. | ||||||
4 | (5) Universally designed or adaptable call buttons and | ||||||
5 | motorized bed position and height controls that can be | ||||||
6 | operated by persons with limited or no reach range, fine | ||||||
7 | motor ability, or vision. | ||||||
8 | (6) Height-adjustable platform tables for physical | ||||||
9 | therapy with drop-down side railings for stability and | ||||||
10 | positioning support. | ||||||
11 | (7) Therapeutic rehabilitation and exercise machines | ||||||
12 | with foot straps to secure the user's feet to the pedals | ||||||
13 | and with cuffs or splints to augment the user's grip | ||||||
14 | strength on handles. | ||||||
15 | (b) A facility must adopt and ensure implementation of a | ||||||
16 | policy to identify, assess, and develop strategies to control | ||||||
17 | risk of injury to residents and nurses and other health care | ||||||
18 | workers associated with the lifting, transferring, | ||||||
19 | repositioning, or movement of a resident. The policy shall | ||||||
20 | establish a process that, at a minimum, includes all of the | ||||||
21 | following: | ||||||
22 | (1) Analysis of the risk of injury to residents and | ||||||
23 | nurses and other health care workers taking into account | ||||||
24 | the resident handling needs of the resident populations | ||||||
25 | served by the facility and the physical environment in | ||||||
26 | which the resident handling and movement occurs. |
| |||||||
| |||||||
1 | (2) Education and training of nurses and other direct
| ||||||
2 | resident care providers in the identification, assessment, | ||||||
3 | and control of risks of injury to residents and nurses and | ||||||
4 | other health care workers during resident handling and on
| ||||||
5 | safe lifting policies and techniques and current lifting
| ||||||
6 | equipment. | ||||||
7 | (3) Evaluation of alternative ways to reduce risks | ||||||
8 | associated with resident handling, including evaluation of | ||||||
9 | equipment and the environment. | ||||||
10 | (4) Restriction, to the extent feasible with existing | ||||||
11 | equipment and aids, of manual resident handling or movement | ||||||
12 | of all or most of a resident's weight except for emergency, | ||||||
13 | life-threatening, or otherwise exceptional circumstances. | ||||||
14 | (5) Procedures for a nurse to refuse to perform or be | ||||||
15 | involved in resident handling or movement that the nurse in | ||||||
16 | good faith believes will expose a resident or nurse or | ||||||
17 | other health care worker to an unacceptable risk of injury. | ||||||
18 | (6) Development of strategies to control risk of injury | ||||||
19 | to residents and nurses and other health care workers | ||||||
20 | associated with the lifting, transferring, repositioning, | ||||||
21 | or movement of a resident. | ||||||
22 | (7) In developing architectural plans for construction | ||||||
23 | or remodeling of a facility or unit of a facility in which | ||||||
24 | resident handling and movement occurs, consideration of | ||||||
25 | the feasibility of incorporating resident handling | ||||||
26 | equipment or the physical space and construction design |
| |||||||
| |||||||
1 | needed to incorporate that equipment.
| ||||||
2 | (8) Fostering and maintaining resident safety, | ||||||
3 | dignity, self-determination, and choice, including the | ||||||
4 | following policies, strategies, and procedures: | ||||||
5 | (A) The existence and availability of a trained | ||||||
6 | safe lifting team. | ||||||
7 | (B) A policy of advising residents of a range of | ||||||
8 | transfer and lift options, including adjustable | ||||||
9 | diagnostic and treatment equipment, mechanical lifts, | ||||||
10 | and provision of a trained safe lifting team. | ||||||
11 | (C) The right of a competent resident, or the | ||||||
12 | guardian of a resident adjudicated incompetent, to | ||||||
13 | choose among the range of transfer and lift options | ||||||
14 | consistent with the procedures set forth under | ||||||
15 | subdivision (b)(5) and the policies set forth under | ||||||
16 | this paragraph (8), subject to the provisions of | ||||||
17 | subparagraph (E) of this paragraph (8). | ||||||
18 | (D) Procedures for documenting, upon admission and | ||||||
19 | as status changes, a mobility assessment and plan for | ||||||
20 | lifting, transferring, repositioning, or movement of a | ||||||
21 | resident, including the choice of the resident or the | ||||||
22 | resident's guardian among the range of transfer and | ||||||
23 | lift options. | ||||||
24 | (E) Incorporation of such safe lifting procedures, | ||||||
25 | techniques, and equipment as are consistent with | ||||||
26 | applicable federal law. |
| |||||||
| |||||||
1 | (c) Safe lifting teams must receive specialized, in-depth | ||||||
2 | training that includes, but need not be limited to, the | ||||||
3 | following: | ||||||
4 | (1) Types and operation of equipment. | ||||||
5 | (2) Safe manual lifting and moving techniques. | ||||||
6 | (3) Ergonomic principles in the assessment of risk both | ||||||
7 | to nurses and other workers and to residents. | ||||||
8 | (4) The selection, safe use, location, and condition of | ||||||
9 | appropriate pieces of equipment individualized to each | ||||||
10 | resident's medical and physical conditions and | ||||||
11 | preferences. | ||||||
12 | (5) Procedures for advising residents of the full range | ||||||
13 | of transfer and lift options and for documenting | ||||||
14 | individualized lifting plans that include resident choice. | ||||||
15 | Specialized, in-depth training may rely on federal | ||||||
16 | standards and guidelines such as the United States Department | ||||||
17 | of Labor Guidelines for Nursing Homes, supplemented by federal | ||||||
18 | requirements for barrier removal, independent access, and | ||||||
19 | means of accommodation optimizing independent movement and | ||||||
20 | transfer. | ||||||
21 | (Source: P.A. 96-389, eff. 1-1-10; 97-866, eff. 1-1-13.) | ||||||
22 | Section 120. The Emergency Medical Services (EMS) Systems | ||||||
23 | Act is amended by changing Sections 3.10 and 3.117 as follows:
| ||||||
24 | (210 ILCS 50/3.10)
|
| |||||||
| |||||||
1 | Sec. 3.10. Scope of Services.
| ||||||
2 | (a) "Advanced Life Support (ALS) Services" means
an | ||||||
3 | advanced level of pre-hospital and inter-hospital emergency
| ||||||
4 | care and non-emergency medical services that includes basic | ||||||
5 | life
support care, cardiac monitoring, cardiac defibrillation,
| ||||||
6 | electrocardiography, intravenous therapy, administration of
| ||||||
7 | medications, drugs and solutions, use of adjunctive medical
| ||||||
8 | devices, trauma care, and other authorized techniques and
| ||||||
9 | procedures, as outlined in the provisions of the National EMS | ||||||
10 | Education Standards relating to Advanced Life Support and any | ||||||
11 | modifications to that curriculum
specified in rules adopted by | ||||||
12 | the Department pursuant to
this Act.
| ||||||
13 | That care shall be initiated as authorized by the EMS
| ||||||
14 | Medical Director in a Department approved advanced life
support | ||||||
15 | EMS System, under the written or verbal direction of
a | ||||||
16 | physician licensed to practice medicine in all of its
branches | ||||||
17 | or under the verbal direction of an Emergency
Communications | ||||||
18 | Registered Nurse.
| ||||||
19 | (b) "Intermediate Life Support (ILS) Services"
means an | ||||||
20 | intermediate level of pre-hospital and inter-hospital
| ||||||
21 | emergency care and non-emergency medical services that | ||||||
22 | includes
basic life support care plus intravenous cannulation | ||||||
23 | and
fluid therapy, invasive airway management, trauma care, and
| ||||||
24 | other authorized techniques and procedures, as outlined in
the | ||||||
25 | Intermediate Life Support national curriculum of the
United | ||||||
26 | States Department of Transportation and any
modifications to |
| |||||||
| |||||||
1 | that curriculum specified in rules adopted
by the Department | ||||||
2 | pursuant to this Act.
| ||||||
3 | That care shall be initiated as authorized by the EMS
| ||||||
4 | Medical Director in a Department approved intermediate or
| ||||||
5 | advanced life support EMS System, under the written or
verbal | ||||||
6 | direction of a physician licensed to practice
medicine in all | ||||||
7 | of its branches or under the verbal
direction of an Emergency | ||||||
8 | Communications Registered Nurse.
| ||||||
9 | (c) "Basic Life Support (BLS) Services" means a
basic level | ||||||
10 | of pre-hospital and inter-hospital emergency care and
| ||||||
11 | non-emergency medical services that includes medical | ||||||
12 | monitoring, clinical observation, airway management,
| ||||||
13 | cardiopulmonary resuscitation (CPR), control of shock and
| ||||||
14 | bleeding and splinting of fractures, as outlined in the | ||||||
15 | provisions of the National EMS Education Standards relating to | ||||||
16 | Basic Life Support and any modifications to that
curriculum | ||||||
17 | specified in rules adopted by the Department
pursuant to this | ||||||
18 | Act.
| ||||||
19 | That care shall be initiated, where authorized by the
EMS | ||||||
20 | Medical Director in a Department approved EMS System,
under the | ||||||
21 | written or verbal direction of a physician
licensed to practice | ||||||
22 | medicine in all of its branches or
under the verbal direction | ||||||
23 | of an Emergency Communications
Registered Nurse.
| ||||||
24 | (d) "Emergency Medical Responder Services" means a | ||||||
25 | preliminary
level of pre-hospital emergency care that includes
| ||||||
26 | cardiopulmonary resuscitation (CPR), monitoring vital signs
|
| |||||||
| |||||||
1 | and control of bleeding, as outlined in the Emergency Medical | ||||||
2 | Responder (EMR) curriculum of the National EMS Education | ||||||
3 | Standards
and any modifications to that curriculum specified in | ||||||
4 | rules
adopted by the Department pursuant to this Act.
| ||||||
5 | (e) "Pre-hospital care" means those
medical services | ||||||
6 | rendered to patients for analytic,
resuscitative, stabilizing, | ||||||
7 | or preventive purposes,
precedent to and during transportation | ||||||
8 | of such patients to
health care facilities.
| ||||||
9 | (f) "Inter-hospital care" means those
medical services | ||||||
10 | rendered to patients for
analytic, resuscitative, stabilizing, | ||||||
11 | or preventive
purposes, during transportation of such patients | ||||||
12 | from one
hospital to another hospital.
| ||||||
13 | (f-5) "Critical care transport" means the pre-hospital or | ||||||
14 | inter-hospital transportation of a critically injured or ill | ||||||
15 | patient by a vehicle service provider, including the provision | ||||||
16 | of medically necessary supplies and services, at a level of | ||||||
17 | service beyond the scope of the Paramedic. When medically | ||||||
18 | indicated for a patient, as determined by a physician licensed | ||||||
19 | to practice medicine in all of its branches, an advanced | ||||||
20 | practice registered nurse, or a physician's assistant, in | ||||||
21 | compliance with subsections (b) and (c) of Section 3.155 of | ||||||
22 | this Act, critical care transport may be provided by: | ||||||
23 | (1) Department-approved critical care transport | ||||||
24 | providers, not owned or operated by a hospital, utilizing | ||||||
25 | Paramedics with additional training, nurses, or other | ||||||
26 | qualified health professionals; or |
| |||||||
| |||||||
1 | (2) Hospitals, when utilizing any vehicle service | ||||||
2 | provider or any hospital-owned or operated vehicle service | ||||||
3 | provider. Nothing in Public Act 96-1469 requires a hospital | ||||||
4 | to use, or to be, a Department-approved critical care | ||||||
5 | transport provider when transporting patients, including | ||||||
6 | those critically injured or ill. Nothing in this Act shall | ||||||
7 | restrict or prohibit a hospital from providing, or | ||||||
8 | arranging for, the medically appropriate transport of any | ||||||
9 | patient, as determined by a physician licensed to practice | ||||||
10 | in all of its branches, an advanced practice registered | ||||||
11 | nurse, or a physician's assistant. | ||||||
12 | (g) "Non-emergency medical services" means medical care, | ||||||
13 | clinical observation, or medical monitoring rendered to
| ||||||
14 | patients whose conditions do not meet this Act's definition of | ||||||
15 | emergency, before or
during transportation of such patients to | ||||||
16 | or from health care facilities visited for the
purpose of | ||||||
17 | obtaining medical or health care services which are not | ||||||
18 | emergency in
nature, using a vehicle regulated by this Act.
| ||||||
19 | (g-5) The Department shall have the authority to promulgate | ||||||
20 | minimum standards for critical care transport providers | ||||||
21 | through rules adopted pursuant to this Act. All critical care | ||||||
22 | transport providers must function within a Department-approved | ||||||
23 | EMS System. Nothing in Department rules shall restrict a | ||||||
24 | hospital's ability to furnish personnel, equipment, and | ||||||
25 | medical supplies to any vehicle service provider, including a | ||||||
26 | critical care transport provider. Minimum critical care |
| |||||||
| |||||||
1 | transport provider standards shall include, but are not limited | ||||||
2 | to: | ||||||
3 | (1) Personnel staffing and licensure. | ||||||
4 | (2) Education, certification, and experience. | ||||||
5 | (3) Medical equipment and supplies. | ||||||
6 | (4) Vehicular standards. | ||||||
7 | (5) Treatment and transport protocols. | ||||||
8 | (6) Quality assurance and data collection. | ||||||
9 | (h)
The provisions of this Act shall not apply to
the use | ||||||
10 | of an ambulance or SEMSV, unless and until
emergency or | ||||||
11 | non-emergency medical services are needed
during the use of the | ||||||
12 | ambulance or SEMSV.
| ||||||
13 | (Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17 .)
| ||||||
14 | (210 ILCS 50/3.117) | ||||||
15 | Sec. 3.117. Hospital Designations. | ||||||
16 | (a) The Department shall attempt to designate Primary | ||||||
17 | Stroke Centers in all areas of the State. | ||||||
18 | (1) The Department shall designate as many certified
| ||||||
19 | Primary Stroke Centers as apply for that designation | ||||||
20 | provided they are certified by a nationally-recognized | ||||||
21 | certifying body, approved by the Department, and | ||||||
22 | certification criteria are consistent with the most | ||||||
23 | current nationally-recognized, evidence-based stroke | ||||||
24 | guidelines related to reducing the occurrence, | ||||||
25 | disabilities, and death associated with stroke. |
| |||||||
| |||||||
1 | (2) A hospital certified as a Primary Stroke Center by | ||||||
2 | a nationally-recognized certifying body approved by the | ||||||
3 | Department, shall send a copy of the Certificate and annual | ||||||
4 | fee to the Department and shall be deemed, within 30 | ||||||
5 | business days of its receipt by the Department, to be a | ||||||
6 | State-designated Primary Stroke Center. | ||||||
7 | (3) A center designated as a Primary Stroke Center | ||||||
8 | shall pay an annual fee as determined by the Department | ||||||
9 | that shall be no less than $100 and no greater than $500. | ||||||
10 | All fees shall be deposited into the Stroke Data Collection | ||||||
11 | Fund. | ||||||
12 | (3.5) With respect to a hospital that is a designated | ||||||
13 | Primary Stroke Center, the Department shall have the | ||||||
14 | authority and responsibility to do the following: | ||||||
15 | (A) Suspend or revoke a hospital's Primary Stroke | ||||||
16 | Center designation upon receiving notice that the | ||||||
17 | hospital's Primary Stroke Center certification has | ||||||
18 | lapsed or has been revoked by the State recognized | ||||||
19 | certifying body. | ||||||
20 | (B) Suspend a hospital's Primary Stroke Center | ||||||
21 | designation, in extreme circumstances where patients | ||||||
22 | may be at risk for immediate harm or death, until such | ||||||
23 | time as the certifying body investigates and makes a | ||||||
24 | final determination regarding certification. | ||||||
25 | (C) Restore any previously suspended or revoked | ||||||
26 | Department designation upon notice to the Department |
| |||||||
| |||||||
1 | that the certifying body has confirmed or restored the | ||||||
2 | Primary Stroke Center certification of that previously | ||||||
3 | designated hospital. | ||||||
4 | (D) Suspend a hospital's Primary Stroke Center | ||||||
5 | designation at the request of a hospital seeking to | ||||||
6 | suspend its own Department designation. | ||||||
7 | (4) Primary Stroke Center designation shall remain | ||||||
8 | valid at all times while the hospital maintains its | ||||||
9 | certification as a Primary Stroke Center, in good standing, | ||||||
10 | with the certifying body. The duration of a Primary Stroke | ||||||
11 | Center designation shall coincide with the duration of its | ||||||
12 | Primary Stroke Center certification. Each designated | ||||||
13 | Primary Stroke Center shall have its designation | ||||||
14 | automatically renewed upon the Department's receipt of a | ||||||
15 | copy of the accrediting body's certification renewal. | ||||||
16 | (5) A hospital that no longer meets | ||||||
17 | nationally-recognized, evidence-based standards for | ||||||
18 | Primary Stroke Centers, or loses its Primary Stroke Center | ||||||
19 | certification, shall notify the Department and the | ||||||
20 | Regional EMS Advisory Committee within 5 business days. | ||||||
21 | (a-5) The Department shall attempt to designate | ||||||
22 | Comprehensive Stroke Centers in all areas of the State. | ||||||
23 | (1) The Department shall designate as many certified | ||||||
24 | Comprehensive Stroke Centers as apply for that | ||||||
25 | designation, provided that the Comprehensive Stroke | ||||||
26 | Centers are certified by a nationally-recognized |
| |||||||
| |||||||
1 | certifying body approved by the Department, and provided | ||||||
2 | that the certifying body's certification criteria are | ||||||
3 | consistent with the most current nationally-recognized and | ||||||
4 | evidence-based stroke guidelines for reducing the | ||||||
5 | occurrence of stroke and the disabilities and death | ||||||
6 | associated with stroke. | ||||||
7 | (2) A hospital certified as a Comprehensive Stroke | ||||||
8 | Center shall send a copy of the Certificate and annual
fee | ||||||
9 | to the Department and shall be deemed, within 30
business | ||||||
10 | days of its receipt by the Department, to be a
| ||||||
11 | State-designated Comprehensive Stroke Center. | ||||||
12 | (3) A hospital designated as a Comprehensive Stroke | ||||||
13 | Center shall pay an annual fee as determined by the | ||||||
14 | Department that shall be no less than $100 and no greater | ||||||
15 | than $500. All fees shall be deposited into the Stroke Data | ||||||
16 | Collection Fund. | ||||||
17 | (4) With respect to a hospital that is a designated | ||||||
18 | Comprehensive Stroke Center, the Department shall have the | ||||||
19 | authority and responsibility to do the following: | ||||||
20 | (A) Suspend or revoke the hospital's Comprehensive | ||||||
21 | Stroke Center designation upon receiving notice that | ||||||
22 | the hospital's Comprehensive Stroke Center | ||||||
23 | certification has lapsed or has been revoked by the | ||||||
24 | State recognized certifying body. | ||||||
25 | (B) Suspend the hospital's Comprehensive Stroke | ||||||
26 | Center designation, in extreme circumstances in which |
| |||||||
| |||||||
1 | patients may be at risk
for immediate harm or death, | ||||||
2 | until such time as the certifying body investigates and | ||||||
3 | makes a final determination regarding certification. | ||||||
4 | (C) Restore any previously suspended or revoked | ||||||
5 | Department designation upon notice to the Department | ||||||
6 | that the certifying body has confirmed or restored the | ||||||
7 | Comprehensive Stroke Center certification of that | ||||||
8 | previously designated hospital. | ||||||
9 | (D) Suspend the hospital's Comprehensive Stroke | ||||||
10 | Center designation at the request of a hospital seeking | ||||||
11 | to suspend its own Department designation. | ||||||
12 | (5) Comprehensive Stroke Center designation shall | ||||||
13 | remain valid at all times while the hospital maintains its | ||||||
14 | certification as a Comprehensive Stroke Center, in good | ||||||
15 | standing, with the certifying body. The duration of a | ||||||
16 | Comprehensive Stroke Center designation shall coincide | ||||||
17 | with the duration of its Comprehensive Stroke Center | ||||||
18 | certification. Each designated Comprehensive Stroke Center | ||||||
19 | shall have its designation automatically renewed upon the | ||||||
20 | Department's receipt of a copy of the certifying body's | ||||||
21 | certification renewal. | ||||||
22 | (6) A hospital that no longer meets | ||||||
23 | nationally-recognized, evidence-based standards for | ||||||
24 | Comprehensive Stroke Centers, or loses its Comprehensive | ||||||
25 | Stroke Center certification, shall notify the Department | ||||||
26 | and the Regional EMS Advisory Committee within 5 business |
| |||||||
| |||||||
1 | days. | ||||||
2 | (b) Beginning on the first day of the month that begins 12 | ||||||
3 | months after the adoption of rules authorized by this | ||||||
4 | subsection, the Department shall attempt to designate | ||||||
5 | hospitals as Acute Stroke-Ready Hospitals in all areas of the | ||||||
6 | State. Designation may be approved by the Department after a | ||||||
7 | hospital has been certified as an Acute Stroke-Ready Hospital | ||||||
8 | or through application and designation by the Department. For | ||||||
9 | any hospital that is designated as an Emergent Stroke Ready | ||||||
10 | Hospital at the time that the Department begins the designation | ||||||
11 | of Acute Stroke-Ready Hospitals, the Emergent Stroke Ready | ||||||
12 | designation shall remain intact for the duration of the | ||||||
13 | 12-month period until that designation expires. Until the | ||||||
14 | Department begins the designation of hospitals as Acute | ||||||
15 | Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke | ||||||
16 | Ready Hospital designation utilizing the processes and | ||||||
17 | criteria provided in Public Act 96-514. | ||||||
18 | (1) (Blank). | ||||||
19 | (2) Hospitals may apply for, and receive, Acute | ||||||
20 | Stroke-Ready Hospital designation from the Department, | ||||||
21 | provided that the hospital attests, on a form developed by | ||||||
22 | the Department in consultation with the State Stroke | ||||||
23 | Advisory Subcommittee, that it meets, and will continue to | ||||||
24 | meet, the criteria for Acute Stroke-Ready Hospital | ||||||
25 | designation and pays an annual fee. | ||||||
26 | A hospital designated as an Acute Stroke-Ready |
| |||||||
| |||||||
1 | Hospital shall pay an annual fee as determined by the | ||||||
2 | Department that shall be no less than $100 and no greater | ||||||
3 | than $500. All fees shall be deposited into the Stroke Data | ||||||
4 | Collection Fund. | ||||||
5 | (2.5) A hospital may apply for, and receive, Acute | ||||||
6 | Stroke-Ready Hospital designation from the Department, | ||||||
7 | provided that the hospital provides proof of current Acute | ||||||
8 | Stroke-Ready Hospital certification and the hospital pays | ||||||
9 | an annual fee. | ||||||
10 | (A) Acute Stroke-Ready Hospital designation shall | ||||||
11 | remain valid at all times while the hospital maintains | ||||||
12 | its certification as an Acute Stroke-Ready Hospital, | ||||||
13 | in good standing, with the certifying body. | ||||||
14 | (B) The duration of an Acute Stroke-Ready Hospital | ||||||
15 | designation shall coincide with the duration of its | ||||||
16 | Acute Stroke-Ready Hospital certification. | ||||||
17 | (C) Each designated Acute Stroke-Ready Hospital | ||||||
18 | shall have its designation automatically renewed upon | ||||||
19 | the Department's receipt of a copy of the certifying | ||||||
20 | body's certification renewal and Application for | ||||||
21 | Stroke Center Designation form. | ||||||
22 | (D) A hospital must submit a copy of its | ||||||
23 | certification renewal from the certifying body as soon | ||||||
24 | as practical but no later than 30 business days after | ||||||
25 | that certification is received by the hospital. Upon | ||||||
26 | the Department's receipt of the renewal certification, |
| |||||||
| |||||||
1 | the Department shall renew the hospital's Acute | ||||||
2 | Stroke-Ready Hospital designation. | ||||||
3 | (E) A hospital designated as an Acute Stroke-Ready | ||||||
4 | Hospital shall pay an annual fee as determined by the | ||||||
5 | Department that shall be no less than $100 and no | ||||||
6 | greater than $500. All fees shall be deposited into the | ||||||
7 | Stroke Data Collection Fund. | ||||||
8 | (3) Hospitals seeking Acute Stroke-Ready Hospital | ||||||
9 | designation that do not have certification shall develop | ||||||
10 | policies and procedures that are consistent with | ||||||
11 | nationally-recognized, evidence-based protocols for the | ||||||
12 | provision of emergent stroke care. Hospital policies | ||||||
13 | relating to emergent stroke care and stroke patient | ||||||
14 | outcomes shall be reviewed at least annually, or more often | ||||||
15 | as needed, by a hospital committee that oversees quality | ||||||
16 | improvement. Adjustments shall be made as necessary to | ||||||
17 | advance the quality of stroke care delivered. Criteria for | ||||||
18 | Acute Stroke-Ready Hospital designation of hospitals shall | ||||||
19 | be limited to the ability of a hospital to: | ||||||
20 | (A) create written acute care protocols related to | ||||||
21 | emergent stroke care; | ||||||
22 | (A-5) participate in the data collection system | ||||||
23 | provided in Section 3.118, if available; | ||||||
24 | (B) maintain a written transfer agreement with one | ||||||
25 | or more hospitals that have neurosurgical expertise; | ||||||
26 | (C) designate a Clinical Director of Stroke Care |
| |||||||
| |||||||
1 | who shall be a clinical member of the hospital staff | ||||||
2 | with training or experience, as defined by the | ||||||
3 | facility, in the care of patients with cerebrovascular | ||||||
4 | disease. This training or experience may include, but | ||||||
5 | is not limited to, completion of a fellowship or other | ||||||
6 | specialized training in the area of cerebrovascular | ||||||
7 | disease, attendance at national courses, or prior | ||||||
8 | experience in neuroscience intensive care units. The | ||||||
9 | Clinical Director of Stroke Care may be a neurologist, | ||||||
10 | neurosurgeon, emergency medicine physician, internist, | ||||||
11 | radiologist, advanced practice registered nurse, or | ||||||
12 | physician's assistant; | ||||||
13 | (C-5) provide rapid access to an acute stroke team, | ||||||
14 | as defined by the facility, that considers and reflects | ||||||
15 | nationally-recognized, evidenced-based protocols or | ||||||
16 | guidelines; | ||||||
17 | (D) administer thrombolytic therapy, or | ||||||
18 | subsequently developed medical therapies that meet | ||||||
19 | nationally-recognized, evidence-based stroke | ||||||
20 | guidelines; | ||||||
21 | (E) conduct brain image tests at all times; | ||||||
22 | (F) conduct blood coagulation studies at all | ||||||
23 | times; | ||||||
24 | (G) maintain a log of stroke patients, which shall | ||||||
25 | be available for review upon request by the Department | ||||||
26 | or any hospital that has a written transfer agreement |
| |||||||
| |||||||
1 | with the Acute Stroke-Ready Hospital; | ||||||
2 | (H) admit stroke patients to a unit that can | ||||||
3 | provide appropriate care that considers and reflects | ||||||
4 | nationally-recognized, evidence-based protocols or | ||||||
5 | guidelines or transfer stroke patients to an Acute | ||||||
6 | Stroke-Ready Hospital, Primary Stroke Center, or | ||||||
7 | Comprehensive Stroke Center, or another facility that | ||||||
8 | can provide the appropriate care that considers and | ||||||
9 | reflects nationally-recognized, evidence-based | ||||||
10 | protocols or guidelines; and | ||||||
11 | (I) demonstrate compliance with | ||||||
12 | nationally-recognized quality indicators. | ||||||
13 | (4) With respect to Acute Stroke-Ready Hospital | ||||||
14 | designation, the Department shall have the authority and | ||||||
15 | responsibility to do the following: | ||||||
16 | (A) Require hospitals applying for Acute | ||||||
17 | Stroke-Ready Hospital designation to attest, on a form | ||||||
18 | developed by the Department in consultation with the | ||||||
19 | State Stroke Advisory Subcommittee, that the hospital | ||||||
20 | meets, and will continue to meet, the criteria for an | ||||||
21 | Acute Stroke-Ready Hospital. | ||||||
22 | (A-5) Require hospitals applying for Acute | ||||||
23 | Stroke-Ready Hospital designation via national Acute | ||||||
24 | Stroke-Ready Hospital certification to provide proof | ||||||
25 | of current Acute Stroke-Ready Hospital certification, | ||||||
26 | in good standing. |
| |||||||
| |||||||
1 | The Department shall require a hospital that is | ||||||
2 | already certified as an Acute Stroke-Ready Hospital to | ||||||
3 | send a copy of the Certificate to the Department. | ||||||
4 | Within 30 business days of the Department's | ||||||
5 | receipt of a hospital's Acute Stroke-Ready Certificate | ||||||
6 | and Application for Stroke Center Designation form | ||||||
7 | that indicates that the hospital is a certified Acute | ||||||
8 | Stroke-Ready Hospital, in good standing, the hospital | ||||||
9 | shall be deemed a State-designated Acute Stroke-Ready | ||||||
10 | Hospital. The Department shall send a designation | ||||||
11 | notice to each hospital that it designates as an Acute | ||||||
12 | Stroke-Ready Hospital and shall add the names of | ||||||
13 | designated Acute Stroke-Ready Hospitals to the website | ||||||
14 | listing immediately upon designation. The Department | ||||||
15 | shall immediately remove the name of a hospital from | ||||||
16 | the website listing when a hospital loses its | ||||||
17 | designation after notice and, if requested by the | ||||||
18 | hospital, a hearing. | ||||||
19 | The Department shall develop an Application for | ||||||
20 | Stroke Center Designation form that contains a | ||||||
21 | statement that "The above named facility meets the | ||||||
22 | requirements for Acute Stroke-Ready Hospital | ||||||
23 | Designation as provided in Section 3.117 of the | ||||||
24 | Emergency Medical Services (EMS) Systems Act" and | ||||||
25 | shall instruct the applicant facility to provide: the | ||||||
26 | hospital name and address; the hospital CEO or |
| |||||||
| |||||||
1 | Administrator's typed name and signature; the hospital | ||||||
2 | Clinical Director of Stroke Care's typed name and | ||||||
3 | signature; and a contact person's typed name, email | ||||||
4 | address, and phone number. | ||||||
5 | The Application for Stroke Center Designation form | ||||||
6 | shall contain a statement that instructs the hospital | ||||||
7 | to "Provide proof of current Acute Stroke-Ready | ||||||
8 | Hospital certification from a nationally-recognized | ||||||
9 | certifying body approved by the Department". | ||||||
10 | (B) Designate a hospital as an Acute Stroke-Ready | ||||||
11 | Hospital no more than 30 business days after receipt of | ||||||
12 | an attestation that meets the requirements for | ||||||
13 | attestation, unless the Department, within 30 days of | ||||||
14 | receipt of the attestation, chooses to conduct an | ||||||
15 | onsite survey prior to designation. If the Department | ||||||
16 | chooses to conduct an onsite survey prior to | ||||||
17 | designation, then the onsite survey shall be conducted | ||||||
18 | within 90 days of receipt of the attestation. | ||||||
19 | (C) Require annual written attestation, on a form | ||||||
20 | developed by the Department in consultation with the | ||||||
21 | State Stroke Advisory Subcommittee, by Acute | ||||||
22 | Stroke-Ready Hospitals to indicate compliance with | ||||||
23 | Acute Stroke-Ready Hospital criteria, as described in | ||||||
24 | this Section, and automatically renew Acute | ||||||
25 | Stroke-Ready Hospital designation of the hospital. | ||||||
26 | (D) Issue an Emergency Suspension of Acute |
| |||||||
| |||||||
1 | Stroke-Ready Hospital designation when the Director, | ||||||
2 | or his or her designee, has determined that the | ||||||
3 | hospital no longer meets the Acute Stroke-Ready | ||||||
4 | Hospital criteria and an immediate and serious danger | ||||||
5 | to the public health, safety, and welfare exists. If | ||||||
6 | the Acute Stroke-Ready Hospital fails to eliminate the | ||||||
7 | violation immediately or within a fixed period of time, | ||||||
8 | not exceeding 10 days, as determined by the Director, | ||||||
9 | the Director may immediately revoke the Acute | ||||||
10 | Stroke-Ready Hospital designation. The Acute | ||||||
11 | Stroke-Ready Hospital may appeal the revocation within | ||||||
12 | 15 business days after receiving the Director's | ||||||
13 | revocation order, by requesting an administrative | ||||||
14 | hearing. | ||||||
15 | (E) After notice and an opportunity for an | ||||||
16 | administrative hearing, suspend, revoke, or refuse to | ||||||
17 | renew an Acute Stroke-Ready Hospital designation, when | ||||||
18 | the Department finds the hospital is not in substantial | ||||||
19 | compliance with current Acute Stroke-Ready Hospital | ||||||
20 | criteria. | ||||||
21 | (c) The Department shall consult with the State Stroke | ||||||
22 | Advisory Subcommittee for developing the designation, | ||||||
23 | re-designation, and de-designation processes for Comprehensive | ||||||
24 | Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready | ||||||
25 | Hospitals.
| ||||||
26 | (d) The Department shall consult with the State Stroke |
| |||||||
| |||||||
1 | Advisory Subcommittee as subject matter experts at least | ||||||
2 | annually regarding stroke standards of care. | ||||||
3 | (Source: P.A. 98-756, eff. 7-16-14; 98-1001, eff. 1-1-15 .) | ||||||
4 | Section 125. The Home Health, Home Services, and Home | ||||||
5 | Nursing Agency Licensing Act is amended by changing Sections | ||||||
6 | 2.05 and 2.11 as follows:
| ||||||
7 | (210 ILCS 55/2.05) (from Ch. 111 1/2, par. 2802.05)
| ||||||
8 | Sec. 2.05.
"Home health services" means services provided
| ||||||
9 | to a person at his residence according to a plan of treatment
| ||||||
10 | for illness or infirmity
prescribed by a physician licensed to | ||||||
11 | practice medicine in all its branches, a licensed physician | ||||||
12 | assistant, or a licensed advanced practice registered nurse. | ||||||
13 | Such services include part time and
intermittent nursing | ||||||
14 | services and other therapeutic services
such as physical | ||||||
15 | therapy, occupational therapy, speech therapy,
medical social | ||||||
16 | services, or services provided by a home health aide.
| ||||||
17 | (Source: P.A. 98-261, eff. 8-9-13; 99-173, eff. 7-29-15.)
| ||||||
18 | (210 ILCS 55/2.11) | ||||||
19 | Sec. 2.11. "Home nursing agency" means an agency that | ||||||
20 | provides services directly, or acts as a placement agency, in | ||||||
21 | order to deliver skilled nursing and home health aide services | ||||||
22 | to persons in their personal residences. A home nursing agency | ||||||
23 | provides services that would require a licensed nurse to |
| |||||||
| |||||||
1 | perform. Home health aide services are provided under the | ||||||
2 | direction of a registered professional nurse or advanced | ||||||
3 | practice registered Advanced Practice nurse. A home nursing | ||||||
4 | agency does not require licensure as a home health agency under | ||||||
5 | this Act. "Home nursing agency" does not include an | ||||||
6 | individually licensed nurse acting as a private contractor or a | ||||||
7 | person that provides or procures temporary employment in health | ||||||
8 | care facilities, as defined in the Nurse Agency Licensing Act.
| ||||||
9 | (Source: P.A. 94-379, eff. 1-1-06; 95-951, eff. 8-29-08.) | ||||||
10 | Section 130. The End Stage Renal Disease Facility Act is | ||||||
11 | amended by changing Section 25 as follows:
| ||||||
12 | (210 ILCS 62/25)
| ||||||
13 | Sec. 25. Minimum staffing. An end stage renal disease | ||||||
14 | facility shall be
under the medical direction of a physician
| ||||||
15 | experienced in renal disease treatment, as required for | ||||||
16 | licensure under this
Act. Additionally, at a minimum, every | ||||||
17 | facility licensed
under this Act shall ensure that whenever | ||||||
18 | patients are undergoing dialysis all
of the following are met:
| ||||||
19 | (1) one currently licensed physician, registered | ||||||
20 | nurse, physician
assistant, advanced practice registered | ||||||
21 | nurse , or licensed practical
nurse experienced in | ||||||
22 | rendering end stage
renal disease care is physically | ||||||
23 | present on the premises to oversee patient
care; and
| ||||||
24 | (2) adequate staff is present to meet the medical and |
| |||||||
| |||||||
1 | non-medical needs of
each patient, as provided by this Act | ||||||
2 | and the rules adopted pursuant to this
Act.
| ||||||
3 | (Source: P.A. 92-794, eff. 7-1-03.)
| ||||||
4 | Section 135. The Hospital Licensing Act is amended by | ||||||
5 | changing Sections 6.14g, 6.23a, 6.25, 10, 10.7, 10.8, and 10.9 | ||||||
6 | as follows: | ||||||
7 | (210 ILCS 85/6.14g) | ||||||
8 | Sec. 6.14g. Reports to the Department; opioid overdoses. | ||||||
9 | (a) As used in this Section: | ||||||
10 | "Overdose" has the same meaning as provided in Section 414 | ||||||
11 | of the Illinois Controlled Substances Act. | ||||||
12 | "Health care professional" includes a physician licensed | ||||||
13 | to practice medicine in all its branches, a physician | ||||||
14 | assistant, or an advanced practice registered nurse licensed in | ||||||
15 | the State. | ||||||
16 | (b) When treatment is provided in a hospital's emergency | ||||||
17 | department, a health care professional who treats a drug | ||||||
18 | overdose or hospital administrator or designee shall report the | ||||||
19 | case to the Department of Public Health within 48 hours of | ||||||
20 | providing treatment for the drug overdose or at such time the | ||||||
21 | drug overdose is confirmed. The Department shall by rule create | ||||||
22 | a form for this purpose which requires the following | ||||||
23 | information, if known: (1) whether an opioid antagonist was | ||||||
24 | administered; (2) the cause of the overdose; and (3) the |
| |||||||
| |||||||
1 | demographic information of the person treated. The Department | ||||||
2 | shall create the form with input from the statewide association | ||||||
3 | representing a majority of hospitals in Illinois. The person | ||||||
4 | completing the form may not disclose the name, address, or any | ||||||
5 | other personal information of the individual experiencing the | ||||||
6 | overdose. | ||||||
7 | (c) The identity of the person and entity reporting under | ||||||
8 | this subsection shall not be disclosed to the subject of the | ||||||
9 | report. For the purposes of this subsection, the health care | ||||||
10 | professional, hospital administrator, or designee making the | ||||||
11 | report and his or her employer shall not be held criminally, | ||||||
12 | civilly, or professionally liable for reporting under this | ||||||
13 | subsection, except for willful or wanton misconduct. | ||||||
14 | (d) The Department shall provide a semiannual report to the | ||||||
15 | General Assembly summarizing the reports received. The | ||||||
16 | Department shall also provide on its website a monthly report | ||||||
17 | of drug overdose figures. The figures shall be organized by the | ||||||
18 | overdose location, the age of the victim, the cause of the | ||||||
19 | overdose, and any other factors the Department deems | ||||||
20 | appropriate.
| ||||||
21 | (Source: P.A. 99-480, eff. 9-9-15.) | ||||||
22 | (210 ILCS 85/6.23a) | ||||||
23 | Sec. 6.23a. Sepsis screening protocols. | ||||||
24 | (a) Each hospital shall adopt, implement, and periodically | ||||||
25 | update evidence-based protocols for the early recognition and |
| |||||||
| |||||||
1 | treatment of patients with sepsis, severe sepsis, or septic | ||||||
2 | shock (sepsis protocols) that are based on generally accepted | ||||||
3 | standards of care. Sepsis protocols must include components | ||||||
4 | specific to the identification, care, and treatment of adults | ||||||
5 | and of children, and must clearly identify where and when | ||||||
6 | components will differ for adults and for children seeking | ||||||
7 | treatment in the emergency department or as an inpatient. These | ||||||
8 | protocols must also include the following components: | ||||||
9 | (1) a process for the screening and early recognition | ||||||
10 | of patients with sepsis, severe sepsis, or septic shock; | ||||||
11 | (2) a process to identify and document individuals | ||||||
12 | appropriate for treatment through sepsis protocols, | ||||||
13 | including explicit criteria defining those patients who | ||||||
14 | should be excluded from the protocols, such as patients | ||||||
15 | with certain clinical conditions or who have elected | ||||||
16 | palliative care; | ||||||
17 | (3) guidelines for hemodynamic support with explicit | ||||||
18 | physiologic and treatment goals, methodology for invasive | ||||||
19 | or non-invasive hemodynamic monitoring, and timeframe | ||||||
20 | goals; | ||||||
21 | (4) for infants and children, guidelines for fluid | ||||||
22 | resuscitation consistent with current, evidence-based | ||||||
23 | guidelines for severe sepsis and septic shock with defined | ||||||
24 | therapeutic goals for children; | ||||||
25 | (5) identification of the infectious source and | ||||||
26 | delivery of early broad spectrum antibiotics with timely |
| |||||||
| |||||||
1 | re-evaluation to adjust to narrow spectrum antibiotics | ||||||
2 | targeted to identified infectious sources; and | ||||||
3 | (6) criteria for use, based on accepted evidence of | ||||||
4 | vasoactive agents. | ||||||
5 | (b) Each hospital shall ensure that professional staff with | ||||||
6 | direct patient care responsibilities and, as appropriate, | ||||||
7 | staff with indirect patient care responsibilities, including, | ||||||
8 | but not limited to, laboratory and pharmacy staff, are | ||||||
9 | periodically trained to implement the sepsis protocols | ||||||
10 | required under subsection (a). The hospital shall ensure | ||||||
11 | updated training of staff if the hospital initiates substantive | ||||||
12 | changes to the sepsis protocols. | ||||||
13 | (c) Each hospital shall be responsible for the collection | ||||||
14 | and utilization of quality measures related to the recognition | ||||||
15 | and treatment of severe sepsis for purposes of internal quality | ||||||
16 | improvement. | ||||||
17 | (d) The evidence-based protocols adopted under this | ||||||
18 | Section shall be provided to the Department upon the | ||||||
19 | Department's request. | ||||||
20 | (e) Hospitals submitting sepsis data as required by the | ||||||
21 | Centers for Medicare and Medicaid Services Hospital Inpatient | ||||||
22 | Quality Reporting program as of fiscal year 2016 are presumed | ||||||
23 | to meet the sepsis protocol requirements outlined in this | ||||||
24 | Section. | ||||||
25 | (f) Subject to appropriation, the Department shall: | ||||||
26 | (1) recommend evidence-based sepsis definitions and |
| |||||||
| |||||||
1 | metrics that incorporate evidence-based findings, | ||||||
2 | including appropriate antibiotic stewardship, and that | ||||||
3 | align with the National Quality Forum, the Centers for | ||||||
4 | Medicare and Medicaid Services, the Agency for Healthcare | ||||||
5 | Research and Quality, and the Joint Commission; | ||||||
6 | (2) establish and use a methodology for collecting, | ||||||
7 | analyzing, and disclosing the information collected under | ||||||
8 | this Section, including collection methods, formatting, | ||||||
9 | and methods and means for aggregate data release and | ||||||
10 | dissemination; | ||||||
11 | (3) complete a digest of efforts and recommendations no | ||||||
12 | later than 12 months after the effective date of this | ||||||
13 | amendatory Act of the 99th General Assembly; the digest may | ||||||
14 | include Illinois-specific data, trends, conditions, or | ||||||
15 | other clinical factors; a summary shall be provided to the | ||||||
16 | Governor and General Assembly and shall be publicly | ||||||
17 | available on the Department's website; and | ||||||
18 | (4) consult and seek input and feedback prior to the | ||||||
19 | proposal, publication, or issuance of any guidance, | ||||||
20 | methodologies, metrics, rulemaking, or any other | ||||||
21 | information authorized under this Section from statewide | ||||||
22 | organizations representing hospitals, physicians, advanced | ||||||
23 | practice registered nurses, pharmacists, and long-term | ||||||
24 | care facilities. Public and private hospitals, | ||||||
25 | epidemiologists, infection prevention professionals, | ||||||
26 | health care informatics and health care data |
| |||||||
| |||||||
1 | professionals, and academic researchers may be consulted. | ||||||
2 | If the Department receives an appropriation and carries out | ||||||
3 | the requirements of paragraphs (1), (2), (3), and (4), then the | ||||||
4 | Department may adopt rules concerning the collection of data | ||||||
5 | from hospitals regarding sepsis and requiring that each | ||||||
6 | hospital shall be responsible for reporting to the Department. | ||||||
7 | Any publicly released hospital-specific information under | ||||||
8 | this Section is subject to data provisions specified in Section | ||||||
9 | 25 of the Hospital Report Card Act.
| ||||||
10 | (Source: P.A. 99-828, eff. 8-18-16.) | ||||||
11 | (210 ILCS 85/6.25) | ||||||
12 | Sec. 6.25. Safe patient handling policy. | ||||||
13 | (a) In this Section: | ||||||
14 | "Health care worker" means an individual providing direct | ||||||
15 | patient care services who may be required to lift, transfer, | ||||||
16 | reposition, or move a patient. | ||||||
17 | "Nurse" means an advanced practice registered nurse, a | ||||||
18 | registered nurse, or a licensed practical nurse licensed under | ||||||
19 | the Nurse Practice Act. | ||||||
20 | "Safe lifting equipment and accessories" means mechanical | ||||||
21 | equipment designed to lift, move, reposition, and transfer | ||||||
22 | patients, including, but not limited to, fixed and portable | ||||||
23 | ceiling lifts, sit-to-stand lifts, slide sheets and boards, | ||||||
24 | slings, and repositioning and turning sheets. | ||||||
25 | "Safe lifting team" means at least 2 individuals who are |
| |||||||
| |||||||
1 | trained in the use of both safe lifting techniques and safe | ||||||
2 | lifting equipment and accessories, including the | ||||||
3 | responsibility for knowing the location and condition of such | ||||||
4 | equipment and accessories. | ||||||
5 | (b) A hospital must adopt and ensure implementation of a | ||||||
6 | policy to identify, assess, and develop strategies to control | ||||||
7 | risk of injury to patients and nurses and other health care | ||||||
8 | workers associated with the lifting, transferring, | ||||||
9 | repositioning, or movement of a patient. The policy shall | ||||||
10 | establish a process that, at a minimum, includes all of the | ||||||
11 | following: | ||||||
12 | (1) Analysis of the risk of injury to patients and | ||||||
13 | nurses and other health care workers posted by the patient | ||||||
14 | handling needs of the patient populations served by the | ||||||
15 | hospital and the physical environment in which the patient | ||||||
16 | handling and movement occurs. | ||||||
17 | (2) Education and training of nurses and other direct | ||||||
18 | patient care providers in the identification, assessment, | ||||||
19 | and control of risks of injury to patients and nurses and | ||||||
20 | other health care workers during patient handling and on | ||||||
21 | safe lifting policies and techniques and current lifting | ||||||
22 | equipment. | ||||||
23 | (3) Evaluation of alternative ways to reduce risks | ||||||
24 | associated with patient handling, including evaluation of | ||||||
25 | equipment and the environment. | ||||||
26 | (4) Restriction, to the extent feasible with existing |
| |||||||
| |||||||
1 | equipment and aids, of manual patient handling or movement | ||||||
2 | of all or most of a patient's weight except for emergency, | ||||||
3 | life-threatening, or otherwise exceptional circumstances. | ||||||
4 | (5) Collaboration with and an annual report to the | ||||||
5 | nurse staffing committee. | ||||||
6 | (6) Procedures for a nurse to refuse to perform or be | ||||||
7 | involved in patient handling or movement that the nurse in | ||||||
8 | good faith believes will expose a patient or nurse or other | ||||||
9 | health care worker to an unacceptable risk of injury. | ||||||
10 | (7) Submission of an annual report to the hospital's | ||||||
11 | governing body or quality assurance committee on | ||||||
12 | activities related to the identification, assessment, and | ||||||
13 | development of strategies to control risk of injury to | ||||||
14 | patients and nurses and other health care workers | ||||||
15 | associated with the lifting, transferring, repositioning, | ||||||
16 | or movement of a patient. | ||||||
17 | (8) In developing architectural plans for construction | ||||||
18 | or remodeling of a hospital or unit of a hospital in which | ||||||
19 | patient handling and movement occurs, consideration of the | ||||||
20 | feasibility of incorporating patient handling equipment or | ||||||
21 | the physical space and construction design needed to | ||||||
22 | incorporate that equipment.
| ||||||
23 | (9) Fostering and maintaining patient safety, dignity, | ||||||
24 | self-determination, and choice, including the following | ||||||
25 | policies, strategies, and procedures: | ||||||
26 | (A) the existence and availability of a trained |
| |||||||
| |||||||
1 | safe lifting team; | ||||||
2 | (B) a policy of advising patients of a range of | ||||||
3 | transfer and lift options, including adjustable | ||||||
4 | diagnostic and treatment equipment, mechanical lifts, | ||||||
5 | and provision of a trained safe lifting team; | ||||||
6 | (C) the right of a competent patient, or guardian | ||||||
7 | of a patient adjudicated incompetent, to choose among | ||||||
8 | the range of transfer and lift options, subject to the | ||||||
9 | provisions of subparagraph (E) of this paragraph (9); | ||||||
10 | (D) procedures for documenting, upon admission and | ||||||
11 | as status changes, a mobility assessment and plan for | ||||||
12 | lifting, transferring, repositioning, or movement of a | ||||||
13 | patient, including the choice of the patient or | ||||||
14 | patient's guardian among the range of transfer and lift | ||||||
15 | options; and | ||||||
16 | (E) incorporation of such safe lifting procedures, | ||||||
17 | techniques, and equipment as are consistent with | ||||||
18 | applicable federal law. | ||||||
19 | (Source: P.A. 96-389, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
20 | 97-122, eff. 1-1-12.)
| ||||||
21 | (210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
| ||||||
22 | Sec. 10. Board creation; Department rules.
| ||||||
23 | (a) The Governor shall appoint a Hospital Licensing Board | ||||||
24 | composed
of 14 persons, which shall advise and consult with the | ||||||
25 | Director
in the administration of this Act. The Secretary of |
| |||||||
| |||||||
1 | Human Services (or his
or her designee) shall serve on the | ||||||
2 | Board, along with one additional
representative of the | ||||||
3 | Department of Human Services to be designated by the
Secretary. | ||||||
4 | Four appointive members shall represent
the general public and | ||||||
5 | 2 of these shall be members of hospital governing
boards; one | ||||||
6 | appointive member shall be a registered professional nurse or
| ||||||
7 | advanced practice registered , nurse as
defined in the Nurse | ||||||
8 | Practice Act, who is employed in a
hospital; 3 appointive
| ||||||
9 | members shall be hospital administrators actively engaged in | ||||||
10 | the supervision
or administration of hospitals; 2 appointive | ||||||
11 | members shall be practicing
physicians, licensed in Illinois to | ||||||
12 | practice medicine in all of its
branches; and one appointive | ||||||
13 | member shall be a physician licensed to practice
podiatric | ||||||
14 | medicine under the Podiatric Medical Practice Act of 1987;
and | ||||||
15 | one appointive member shall be a
dentist licensed to practice | ||||||
16 | dentistry under
the Illinois Dental Practice Act. In making | ||||||
17 | Board appointments, the Governor shall give
consideration to | ||||||
18 | recommendations made through the Director by professional
| ||||||
19 | organizations concerned with hospital administration for the | ||||||
20 | hospital
administrative and governing board appointments, | ||||||
21 | registered professional
nurse organizations for the registered | ||||||
22 | professional nurse appointment,
professional medical | ||||||
23 | organizations for the physician appointments, and
professional | ||||||
24 | dental organizations for the dentist appointment.
| ||||||
25 | (b) Each appointive member shall hold office for a term of | ||||||
26 | 3 years,
except that any member appointed to fill a vacancy |
| |||||||
| |||||||
1 | occurring prior to the
expiration of the term for which his | ||||||
2 | predecessor was appointed shall be
appointed for the remainder | ||||||
3 | of such term and the terms of office of the
members first | ||||||
4 | taking office shall expire, as designated at the time of
| ||||||
5 | appointment, 2 at the end of the first year, 2 at the end of the | ||||||
6 | second
year, and 3 at the end of the third year, after the date | ||||||
7 | of appointment.
The initial terms of office of the 2 additional | ||||||
8 | members representing the
general public provided for in this | ||||||
9 | Section shall expire at the end of the
third year after the | ||||||
10 | date of appointment. The term of office of each
original | ||||||
11 | appointee shall commence July 1, 1953; the term of office of | ||||||
12 | the
original registered professional nurse appointee shall | ||||||
13 | commence July 1,
1969; the term of office of the original | ||||||
14 | licensed podiatric physician appointee shall
commence July 1, | ||||||
15 | 1981; the term of office of the original dentist
appointee | ||||||
16 | shall commence July 1, 1987; and the term of office of each
| ||||||
17 | successor shall commence on July 1 of
the year in which his | ||||||
18 | predecessor's term expires. Board members, while
serving on | ||||||
19 | business of the Board, shall receive actual and necessary | ||||||
20 | travel
and subsistence expenses while so serving away from | ||||||
21 | their places of
residence. The Board shall meet as frequently | ||||||
22 | as the Director deems
necessary, but not less than once a year. | ||||||
23 | Upon request of 5 or more
members, the Director shall call a | ||||||
24 | meeting of the Board.
| ||||||
25 | (c) The Director shall prescribe rules, regulations, | ||||||
26 | standards, and
statements of policy needed to implement, |
| |||||||
| |||||||
1 | interpret, or make specific the
provisions and purposes of this | ||||||
2 | Act. The Department shall adopt rules which
set forth standards | ||||||
3 | for determining when the public interest, safety
or welfare | ||||||
4 | requires emergency action in relation to termination of a | ||||||
5 | research
program or experimental procedure conducted by a | ||||||
6 | hospital licensed under
this Act. No rule, regulation, or | ||||||
7 | standard shall
be adopted by the Department concerning the | ||||||
8 | operation of hospitals licensed
under this Act which has not | ||||||
9 | had prior approval of the Hospital Licensing
Board, nor shall | ||||||
10 | the Department adopt any rule, regulation or standard
relating | ||||||
11 | to the establishment of a hospital without consultation with | ||||||
12 | the
Hospital Licensing Board.
| ||||||
13 | (d) Within one year after August 7, 1984 ( the effective | ||||||
14 | date of Public Act 83-1248) this amendatory Act
of 1984 , all | ||||||
15 | hospitals licensed under this Act and providing perinatal care
| ||||||
16 | shall comply with standards of perinatal care promulgated by | ||||||
17 | the Department.
The Director shall promulgate rules or | ||||||
18 | regulations under this Act which
are consistent with the | ||||||
19 | Developmental Disability Prevention Act "An Act relating to the | ||||||
20 | prevention of developmental
disabilities", approved September | ||||||
21 | 6, 1973, as amended .
| ||||||
22 | (Source: P.A. 98-214, eff. 8-9-13; revised 10-26-16.)
| ||||||
23 | (210 ILCS 85/10.7)
| ||||||
24 | Sec. 10.7. Clinical privileges; advanced practice | ||||||
25 | registered nurses.
All hospitals licensed under this Act shall |
| |||||||
| |||||||
1 | comply with the following
requirements:
| ||||||
2 | (1) No hospital policy, rule, regulation, or practice
| ||||||
3 | shall be inconsistent
with the provision of adequate | ||||||
4 | collaboration and consultation in accordance with Section | ||||||
5 | 54.5 of the
Medical Practice Act of 1987.
| ||||||
6 | (2) Operative surgical procedures shall be performed | ||||||
7 | only by a physician
licensed to practice medicine in all | ||||||
8 | its branches under the Medical Practice
Act of 1987, a | ||||||
9 | dentist licensed under the Illinois Dental Practice Act, or | ||||||
10 | a podiatric physician
licensed under the Podiatric Medical | ||||||
11 | Practice Act of 1987,
with medical staff membership and | ||||||
12 | surgical clinical privileges granted at the
hospital. A | ||||||
13 | licensed physician, dentist, or podiatric physician may be | ||||||
14 | assisted by a
physician licensed to practice medicine in | ||||||
15 | all its branches, dentist, dental
assistant, podiatric | ||||||
16 | physician, licensed advanced practice registered nurse, | ||||||
17 | licensed physician
assistant, licensed registered
nurse, | ||||||
18 | licensed practical nurse, surgical
assistant, surgical | ||||||
19 | technician, or other individuals granted clinical
| ||||||
20 | privileges to assist in surgery
at the hospital.
Payment | ||||||
21 | for services rendered by an assistant in surgery who is not | ||||||
22 | a
hospital employee shall be paid
at the appropriate | ||||||
23 | non-physician modifier rate if the payor would have
made | ||||||
24 | payment had the same services been provided by a physician.
| ||||||
25 | (2.5) A registered nurse licensed under the Nurse | ||||||
26 | Practice Act and qualified by training and experience in |
| |||||||
| |||||||
1 | operating room nursing shall be present in the operating | ||||||
2 | room and function as the circulating nurse during all | ||||||
3 | invasive or operative procedures. For purposes of this | ||||||
4 | paragraph (2.5), "circulating nurse" means a registered | ||||||
5 | nurse who is responsible for coordinating all nursing care, | ||||||
6 | patient safety needs, and the needs of the surgical team in | ||||||
7 | the operating room during an invasive or operative | ||||||
8 | procedure.
| ||||||
9 | (3) An advanced practice registered nurse is not | ||||||
10 | required to possess prescriptive authority or a written | ||||||
11 | collaborative agreement meeting the requirements of the | ||||||
12 | Nurse Practice Act to provide advanced practice registered | ||||||
13 | nursing services in a hospital. An advanced practice | ||||||
14 | registered nurse must possess clinical privileges | ||||||
15 | recommended by the medical staff and granted by the | ||||||
16 | hospital in order to provide services. Individual advanced | ||||||
17 | practice registered nurses may also be granted clinical | ||||||
18 | privileges to order, select, and administer medications, | ||||||
19 | including controlled substances, to provide delineated | ||||||
20 | care. The attending physician must determine the advanced | ||||||
21 | practice registered nurse's role in providing care for his | ||||||
22 | or her patients, except as otherwise provided in medical | ||||||
23 | staff bylaws. The medical staff shall periodically review | ||||||
24 | the services of advanced practice registered nurses | ||||||
25 | granted privileges. This review shall be conducted in | ||||||
26 | accordance with item (2) of subsection (a) of Section 10.8 |
| |||||||
| |||||||
1 | of this Act for advanced practice registered nurses | ||||||
2 | employed by the hospital.
| ||||||
3 | (4) The anesthesia service shall be under the direction | ||||||
4 | of a physician
licensed to practice
medicine in all its | ||||||
5 | branches who has had specialized preparation or
experience | ||||||
6 | in the area
or who has completed a residency in | ||||||
7 | anesthesiology. An anesthesiologist, Board
certified or | ||||||
8 | Board eligible, is recommended. Anesthesia services may
| ||||||
9 | only be administered pursuant to the order of a physician | ||||||
10 | licensed to practice
medicine in all its branches, licensed | ||||||
11 | dentist, or licensed podiatric physician.
| ||||||
12 | (A) The individuals who, with clinical privileges | ||||||
13 | granted at the hospital,
may administer anesthesia | ||||||
14 | services are limited
to the following:
| ||||||
15 | (i) an anesthesiologist; or
| ||||||
16 | (ii) a physician licensed to practice medicine | ||||||
17 | in all its branches; or
| ||||||
18 | (iii) a dentist with authority to administer | ||||||
19 | anesthesia under Section
8.1 of
the Illinois | ||||||
20 | Dental Practice Act; or
| ||||||
21 | (iv) a licensed certified registered nurse | ||||||
22 | anesthetist; or | ||||||
23 | (v) a podiatric physician licensed under the | ||||||
24 | Podiatric Medical Practice Act of 1987.
| ||||||
25 | (B) For anesthesia services, an anesthesiologist
| ||||||
26 | shall
participate through discussion of and agreement |
| |||||||
| |||||||
1 | with the anesthesia plan and
shall remain physically | ||||||
2 | present and be
available on
the premises during the | ||||||
3 | delivery of anesthesia services for
diagnosis, | ||||||
4 | consultation, and treatment of emergency medical | ||||||
5 | conditions.
In the absence
of 24-hour availability of
| ||||||
6 | anesthesiologists with medical staff privileges,
an | ||||||
7 | alternate
policy (requiring participation, presence, | ||||||
8 | and availability of a physician
licensed to practice
| ||||||
9 | medicine in all its branches) shall be developed by the | ||||||
10 | medical staff and
licensed
hospital in consultation | ||||||
11 | with the anesthesia service.
| ||||||
12 | (C) A certified registered nurse anesthetist is | ||||||
13 | not required to possess
prescriptive authority or a | ||||||
14 | written collaborative agreement meeting
the | ||||||
15 | requirements of Section 65-35 of the Nurse Practice Act
| ||||||
16 | to provide anesthesia services
ordered by a licensed | ||||||
17 | physician, dentist, or podiatric physician. Licensed | ||||||
18 | certified
registered nurse anesthetists are authorized | ||||||
19 | to
select, order, and
administer drugs and apply the | ||||||
20 | appropriate medical devices in the provision of
| ||||||
21 | anesthesia
services under the anesthesia plan agreed | ||||||
22 | with by the
anesthesiologist or, in the absence of an | ||||||
23 | available anesthesiologist with
clinical privileges,
| ||||||
24 | agreed with by the
operating physician, operating | ||||||
25 | dentist, or operating podiatric physician in | ||||||
26 | accordance
with the hospital's alternative policy.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
| ||||||
2 | (210 ILCS 85/10.8)
| ||||||
3 | Sec. 10.8. Requirements for employment of physicians.
| ||||||
4 | (a) Physician employment by hospitals and hospital | ||||||
5 | affiliates. Employing
entities may
employ physicians to | ||||||
6 | practice medicine in all of its branches provided that the
| ||||||
7 | following
requirements are met:
| ||||||
8 | (1) The employed physician is a member of the medical | ||||||
9 | staff of either the
hospital or hospital affiliate. If a | ||||||
10 | hospital affiliate decides to have a
medical staff, its
| ||||||
11 | medical staff shall be organized in accordance with written | ||||||
12 | bylaws where the
affiliate
medical staff is responsible for | ||||||
13 | making recommendations to the governing body
of
the | ||||||
14 | affiliate regarding all quality assurance activities and | ||||||
15 | safeguarding
professional
autonomy. The affiliate medical | ||||||
16 | staff bylaws may not be unilaterally changed
by the
| ||||||
17 | governing body of the affiliate. Nothing in this Section | ||||||
18 | requires hospital
affiliates
to have a medical staff.
| ||||||
19 | (2) Independent
physicians, who are not employed by an | ||||||
20 | employing entity,
periodically review the quality of
the | ||||||
21 | medical
services provided by the employed
physician to | ||||||
22 | continuously improve patient care.
| ||||||
23 | (3) The employing entity and the employed physician | ||||||
24 | sign a statement
acknowledging
that the employer shall not | ||||||
25 | unreasonably exercise control, direct, or
interfere with
|
| |||||||
| |||||||
1 | the employed physician's exercise and execution of his or | ||||||
2 | her professional
judgment in a manner that
adversely | ||||||
3 | affects the employed physician's ability to provide | ||||||
4 | quality care to
patients. This signed statement shall take | ||||||
5 | the form of a provision in the
physician's
employment | ||||||
6 | contract or a separate signed document from the employing | ||||||
7 | entity to
the
employed physician. This statement shall | ||||||
8 | state: "As the employer of a
physician,
(employer's name) | ||||||
9 | shall not unreasonably exercise control, direct, or
| ||||||
10 | interfere with
the employed physician's exercise and | ||||||
11 | execution of his or her professional
judgment in a manner | ||||||
12 | that
adversely affects the employed physician's ability to | ||||||
13 | provide quality care to
patients."
| ||||||
14 | (4) The employing entity shall establish a
mutually | ||||||
15 | agreed upon independent
review
process
with criteria
under | ||||||
16 | which an employed physician
may seek review of the alleged | ||||||
17 | violation
of this Section by physicians who are not | ||||||
18 | employed by the employing
entity. The affiliate may arrange | ||||||
19 | with the hospital medical
staff to conduct these reviews.
| ||||||
20 | The independent physicians
shall make findings and | ||||||
21 | recommendations to the employing entity and the
employed
| ||||||
22 | physician within 30 days of the conclusion of the gathering | ||||||
23 | of the relevant
information.
| ||||||
24 | (b) Definitions. For the purpose of this Section:
| ||||||
25 | "Employing entity" means a hospital licensed under the | ||||||
26 | Hospital Licensing Act
or a hospital
affiliate.
|
| |||||||
| |||||||
1 | "Employed physician" means a physician who receives an IRS | ||||||
2 | W-2 form, or any
successor
federal income tax form, from an | ||||||
3 | employing entity.
| ||||||
4 | "Hospital" means a hospital licensed under the Hospital | ||||||
5 | Licensing Act, except
county hospitals as defined in subsection | ||||||
6 | (c) of Section 15-1 of the Illinois Public Aid
Code.
| ||||||
7 | "Hospital affiliate" means a corporation, partnership, | ||||||
8 | joint venture, limited
liability company,
or similar | ||||||
9 | organization, other than a hospital, that is devoted primarily | ||||||
10 | to
the provision, management,
or support of health care | ||||||
11 | services and that directly or indirectly controls, is
| ||||||
12 | controlled by, or is under
common control of the hospital. | ||||||
13 | "Control" means having at least an equal or a
majority | ||||||
14 | ownership
or membership interest. A hospital affiliate shall be | ||||||
15 | 100% owned or controlled
by any combination
of hospitals, their | ||||||
16 | parent corporations, or physicians licensed to practice
| ||||||
17 | medicine in all its branches
in Illinois.
"Hospital affiliate" | ||||||
18 | does not include a health maintenance
organization regulated | ||||||
19 | under the Health Maintenance
Organization Act.
| ||||||
20 | "Physician" means an individual licensed to practice | ||||||
21 | medicine in all its
branches in Illinois.
| ||||||
22 | "Professional judgment" means the exercise of a | ||||||
23 | physician's independent
clinical judgment
in providing | ||||||
24 | medically appropriate diagnoses, care, and treatment to a
| ||||||
25 | particular patient at a
particular time. Situations in which an | ||||||
26 | employing entity does not interfere
with an employed
|
| |||||||
| |||||||
1 | physician's professional judgment include, without limitation, | ||||||
2 | the following:
| ||||||
3 | (1) practice restrictions based upon peer review of the | ||||||
4 | physician's
clinical
practice to assess quality of care and | ||||||
5 | utilization of resources in accordance
with
applicable | ||||||
6 | bylaws;
| ||||||
7 | (2) supervision of physicians by appropriately | ||||||
8 | licensed medical
directors,
medical school faculty, | ||||||
9 | department chairpersons or directors, or
supervising | ||||||
10 | physicians;
| ||||||
11 | (3) written statements of ethical or religious | ||||||
12 | directives; and
| ||||||
13 | (4) reasonable referral restrictions that do not, in | ||||||
14 | the reasonable
professional
judgment of the physician, | ||||||
15 | adversely affect the health or welfare of the
patient.
| ||||||
16 | (c) Private enforcement. An employed physician aggrieved | ||||||
17 | by a violation of
this Act may
seek to obtain an injunction or | ||||||
18 | reinstatement of employment with the employing
entity as the | ||||||
19 | court
may deem appropriate. Nothing in this Section limits or | ||||||
20 | abrogates any common
law cause of action.
Nothing in this | ||||||
21 | Section shall be deemed to alter the law of negligence.
| ||||||
22 | (d) Department enforcement. The Department may enforce the | ||||||
23 | provisions of
this Section,
but nothing in this Section shall | ||||||
24 | require or permit the Department to license,
certify, or | ||||||
25 | otherwise
investigate the activities of a
hospital affiliate | ||||||
26 | not otherwise required to be licensed by the
Department.
|
| |||||||
| |||||||
1 | (e) Retaliation prohibited. No employing entity shall | ||||||
2 | retaliate against any
employed
physician for requesting a | ||||||
3 | hearing or review under this Section.
No action may be taken | ||||||
4 | that
affects
the ability of a physician to practice during this | ||||||
5 | review, except in
circumstances
where the medical staff bylaws | ||||||
6 | authorize summary suspension.
| ||||||
7 | (f) Physician collaboration. No employing entity shall | ||||||
8 | adopt or enforce,
either formally or
informally, any policy, | ||||||
9 | rule, regulation, or practice inconsistent with
the provision | ||||||
10 | of adequate
collaboration, including medical direction of | ||||||
11 | licensed advanced practice registered
nurses or supervision
of | ||||||
12 | licensed physician assistants and delegation to other | ||||||
13 | personnel under
Section 54.5 of the Medical
Practice Act of | ||||||
14 | 1987.
| ||||||
15 | (g) Physician disciplinary actions. Nothing in this | ||||||
16 | Section shall be
construed to limit or
prohibit the governing | ||||||
17 | body of an employing entity or its medical staff, if
any, from | ||||||
18 | taking
disciplinary actions against a physician as permitted by | ||||||
19 | law.
| ||||||
20 | (h) Physician review. Nothing in this Section shall be | ||||||
21 | construed to prohibit
a hospital or
hospital affiliate from | ||||||
22 | making a determination not to pay for a particular
health care | ||||||
23 | service or to
prohibit a medical group, independent practice | ||||||
24 | association, hospital medical
staff, or hospital
governing | ||||||
25 | body from enforcing reasonable peer review or utilization | ||||||
26 | review
protocols or determining
whether the employed physician |
| |||||||
| |||||||
1 | complied with those protocols.
| ||||||
2 | (i) Review. Nothing in this Section may be used or | ||||||
3 | construed to establish
that any activity
of a hospital or | ||||||
4 | hospital affiliate is subject to review under the Illinois
| ||||||
5 | Health Facilities Planning Act.
| ||||||
6 | (j) Rules. The Department shall adopt any
rules necessary | ||||||
7 | to
implement this Section.
| ||||||
8 | (Source: P.A. 92-455, eff. 9-30-01; revised 10-26-16.)
| ||||||
9 | (210 ILCS 85/10.9) | ||||||
10 | Sec. 10.9. Nurse mandated overtime prohibited. | ||||||
11 | (a) Definitions. As used in this Section: | ||||||
12 | "Mandated overtime" means work that is required by the | ||||||
13 | hospital in excess
of an agreed-to, predetermined work shift. | ||||||
14 | Time spent by nurses required to be available as a condition of | ||||||
15 | employment in specialized units, such as surgical nursing | ||||||
16 | services, shall not be counted or considered in calculating the | ||||||
17 | amount of time worked for the purpose of applying the | ||||||
18 | prohibition against mandated overtime under subsection (b). | ||||||
19 | "Nurse" means any advanced practice registered nurse, | ||||||
20 | registered
professional nurse, or licensed practical nurse, as | ||||||
21 | defined in
the Nurse Practice Act, who receives an hourly wage | ||||||
22 | and has direct responsibility to oversee or carry
out nursing | ||||||
23 | care. For the purposes of this Section, "advanced practice | ||||||
24 | registered nurse" does not include a certified registered nurse | ||||||
25 | anesthetist who is primarily engaged in performing the duties |
| |||||||
| |||||||
1 | of a nurse anesthetist. | ||||||
2 | "Unforeseen emergent circumstance" means (i) any declared
| ||||||
3 | national, State, or municipal disaster or other catastrophic | ||||||
4 | event, or any implementation of a hospital's disaster plan, | ||||||
5 | that will substantially affect or increase the need for health
| ||||||
6 | care services or (ii) any circumstance in which patient care | ||||||
7 | needs require specialized nursing skills through the | ||||||
8 | completion of a procedure. An "unforeseen emergent | ||||||
9 | circumstance" does not include situations in which the hospital | ||||||
10 | fails to have enough nursing staff to meet the usual and | ||||||
11 | reasonably predictable nursing needs of its patients. | ||||||
12 | (b) Mandated overtime prohibited. No nurse may be required
| ||||||
13 | to work mandated overtime except in the case of an unforeseen | ||||||
14 | emergent circumstance when such overtime is required only as a
| ||||||
15 | last resort. Such mandated overtime shall not exceed 4 hours | ||||||
16 | beyond an agreed-to, predetermined work shift. | ||||||
17 | (c) Off-duty period. When a nurse is mandated to work up to | ||||||
18 | 12 consecutive hours, the nurse must be allowed at least 8 | ||||||
19 | consecutive hours of off-duty time immediately following the | ||||||
20 | completion of a shift. | ||||||
21 | (d) Retaliation prohibited. No hospital may discipline, | ||||||
22 | discharge, or take any other adverse employment action against | ||||||
23 | a nurse solely because the nurse refused to work mandated | ||||||
24 | overtime as prohibited under subsection (b). | ||||||
25 | (e) Violations. Any employee of a hospital that is subject
| ||||||
26 | to this Act may file a complaint with the Department of Public |
| |||||||
| |||||||
1 | Health regarding an alleged violation of this Section. The | ||||||
2 | complaint must be filed within 45 days following the occurrence | ||||||
3 | of the incident giving rise to the alleged violation. The | ||||||
4 | Department must forward notification of the alleged violation | ||||||
5 | to the hospital in question within 3 business days after the | ||||||
6 | complaint is filed. Upon receiving a complaint of a violation | ||||||
7 | of this Section, the Department may take any action authorized | ||||||
8 | under Section 7 or 9 of this Act. | ||||||
9 | (f) Proof of violation. Any violation of this Section must
| ||||||
10 | be proved by clear and convincing evidence that a nurse was | ||||||
11 | required to work overtime against his or her will. The hospital | ||||||
12 | may defeat the claim of a violation by presenting clear and | ||||||
13 | convincing evidence that an unforeseen emergent circumstance, | ||||||
14 | which required overtime work, existed at the time the employee | ||||||
15 | was required or compelled to work.
| ||||||
16 | (Source: P.A. 94-349, eff. 7-28-05; 95-639, eff. 10-5-07.) | ||||||
17 | Section 140. The Illinois Insurance Code is amended by | ||||||
18 | changing Section 356g.5 as follows: | ||||||
19 | (215 ILCS 5/356g.5) | ||||||
20 | Sec. 356g.5. Clinical breast exam. | ||||||
21 | (a) The General Assembly finds that clinical breast | ||||||
22 | examinations are a critical tool in the early detection of | ||||||
23 | breast cancer, while the disease is in its earlier and | ||||||
24 | potentially more treatable stages. Insurer reimbursement of |
| |||||||
| |||||||
1 | clinical breast examinations is essential to the effort to | ||||||
2 | reduce breast cancer deaths in Illinois. | ||||||
3 | (b) Every insurer shall provide, in each group or | ||||||
4 | individual policy, contract, or certificate of accident or | ||||||
5 | health insurance issued or renewed for persons who are | ||||||
6 | residents of Illinois, coverage for complete and thorough | ||||||
7 | clinical breast examinations as indicated by guidelines of | ||||||
8 | practice, performed by a physician licensed to practice | ||||||
9 | medicine in all its branches, a licensed advanced practice | ||||||
10 | registered nurse, or a licensed physician assistant, to check | ||||||
11 | for lumps and other changes for the purpose of early detection | ||||||
12 | and prevention of breast cancer as follows: | ||||||
13 | (1) at least every 3 years for women at least 20 years | ||||||
14 | of age but less than 40 years of age; and | ||||||
15 | (2) annually for women 40 years of age or older. | ||||||
16 | (c) Upon approval of a nationally recognized separate and | ||||||
17 | distinct clinical breast exam code that is compliant with all | ||||||
18 | State and federal laws, rules, and regulations, public and | ||||||
19 | private insurance plans shall take action to cover clinical | ||||||
20 | breast exams on a separate and distinct basis.
| ||||||
21 | (Source: P.A. 99-173, eff. 7-29-15.) | ||||||
22 | Section 145. The Illinois Dental Practice Act is amended by | ||||||
23 | changing Sections 4 and 8.1 as follows:
| ||||||
24 | (225 ILCS 25/4)
(from Ch. 111, par. 2304)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
2 | Sec. 4. Definitions. As used in this Act:
| ||||||
3 | "Address of record" means the designated address recorded | ||||||
4 | by the Department in the applicant's or licensee's application | ||||||
5 | file or license file as maintained by the Department's | ||||||
6 | licensure maintenance unit. It is the duty of the applicant or | ||||||
7 | licensee to inform the Department of any change of address and | ||||||
8 | those changes must be made either through the Department's | ||||||
9 | website or by contacting the Department. | ||||||
10 | "Department" means the Department of Financial and | ||||||
11 | Professional Regulation.
| ||||||
12 | "Secretary" means the Secretary of Financial and | ||||||
13 | Professional Regulation.
| ||||||
14 | "Board" means the Board of Dentistry.
| ||||||
15 | "Dentist" means a person who has received a general license | ||||||
16 | pursuant
to paragraph (a) of Section 11 of this Act and who may | ||||||
17 | perform any intraoral
and extraoral procedure required in the | ||||||
18 | practice of dentistry and to whom is
reserved the | ||||||
19 | responsibilities specified in Section 17.
| ||||||
20 | "Dental hygienist" means a person who holds a license under | ||||||
21 | this Act to
perform dental services as authorized by Section | ||||||
22 | 18.
| ||||||
23 | "Dental assistant" means an appropriately trained person
| ||||||
24 | who, under the supervision of a dentist, provides dental | ||||||
25 | services
as authorized by Section 17.
| ||||||
26 | "Dental laboratory" means a person, firm or corporation |
| |||||||
| |||||||
1 | which:
| ||||||
2 | (i) engages in making, providing, repairing or | ||||||
3 | altering dental
prosthetic appliances and other artificial | ||||||
4 | materials and devices which are
returned to a dentist for | ||||||
5 | insertion into the human oral cavity or which
come in | ||||||
6 | contact with its adjacent structures and tissues; and
| ||||||
7 | (ii) utilizes or employs a dental technician to provide | ||||||
8 | such services; and
| ||||||
9 | (iii) performs such functions only for a dentist or | ||||||
10 | dentists.
| ||||||
11 | "Supervision" means supervision of a dental hygienist or a | ||||||
12 | dental
assistant requiring that a dentist authorize the | ||||||
13 | procedure, remain in the
dental facility while the procedure is | ||||||
14 | performed, and approve the work
performed by the dental | ||||||
15 | hygienist or dental assistant before dismissal of
the patient, | ||||||
16 | but does not mean that the dentist must be present at all
times | ||||||
17 | in the treatment room.
| ||||||
18 | "General supervision" means supervision of a dental | ||||||
19 | hygienist
requiring that the patient be a patient of record,
| ||||||
20 | that the dentist
examine the patient in accordance with Section | ||||||
21 | 18 prior to treatment by the
dental hygienist, and that the
| ||||||
22 | dentist authorize the procedures which
are being carried
out by | ||||||
23 | a notation in the patient's record, but not requiring that a | ||||||
24 | dentist
be present when the authorized
procedures are being | ||||||
25 | performed. The
issuance of a prescription to a dental | ||||||
26 | laboratory by a
dentist does not constitute general |
| |||||||
| |||||||
1 | supervision.
| ||||||
2 | "Public member" means a person who is not a health | ||||||
3 | professional.
For purposes of board membership, any person with | ||||||
4 | a significant financial
interest in a health service or | ||||||
5 | profession is not a public member.
| ||||||
6 | "Dentistry" means the healing art which is concerned with | ||||||
7 | the
examination, diagnosis, treatment planning and care of | ||||||
8 | conditions within
the human oral cavity and its adjacent | ||||||
9 | tissues and structures, as further
specified in Section 17.
| ||||||
10 | "Branches of dentistry" means the various specialties of | ||||||
11 | dentistry
which, for purposes of this Act, shall be limited to | ||||||
12 | the following:
endodontics, oral and maxillofacial surgery, | ||||||
13 | orthodontics and dentofacial
orthopedics, pediatric dentistry,
| ||||||
14 | periodontics, prosthodontics, and oral and maxillofacial
| ||||||
15 | radiology.
| ||||||
16 | "Specialist" means a dentist who has received a specialty | ||||||
17 | license
pursuant to Section 11(b).
| ||||||
18 | "Dental technician" means a person who owns, operates or is
| ||||||
19 | employed by a dental laboratory and engages in making, | ||||||
20 | providing, repairing
or altering dental prosthetic appliances | ||||||
21 | and other artificial materials and
devices which are returned | ||||||
22 | to a dentist for insertion into the human oral
cavity or which | ||||||
23 | come in contact with its adjacent structures and tissues.
| ||||||
24 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
25 | dentist
or dental hygienist who is unable to practice with
| ||||||
26 | reasonable skill and safety because of a physical or mental |
| |||||||
| |||||||
1 | disability as
evidenced by a written determination or written | ||||||
2 | consent based on clinical
evidence, including deterioration | ||||||
3 | through the aging process, loss of motor
skills, abuse of drugs | ||||||
4 | or alcohol, or a psychiatric disorder, of sufficient
degree to | ||||||
5 | diminish the person's ability to deliver competent patient | ||||||
6 | care.
| ||||||
7 | "Nurse" means a registered professional nurse, a certified | ||||||
8 | registered
nurse anesthetist licensed as an advanced practice | ||||||
9 | registered
nurse, or a licensed practical nurse licensed under | ||||||
10 | the Nurse Practice Act.
| ||||||
11 | "Patient of record" means a patient for whom the patient's | ||||||
12 | most recent
dentist has obtained
a
relevant medical and dental | ||||||
13 | history and on whom the dentist has performed an
examination | ||||||
14 | and evaluated the condition to be treated.
| ||||||
15 | "Dental responder" means a dentist or dental hygienist who | ||||||
16 | is appropriately certified in disaster preparedness, | ||||||
17 | immunizations, and dental humanitarian medical response | ||||||
18 | consistent with the Society of Disaster Medicine and Public | ||||||
19 | Health and training certified by the National Incident | ||||||
20 | Management System or the National Disaster Life Support | ||||||
21 | Foundation.
| ||||||
22 | "Mobile dental van or portable dental unit" means any | ||||||
23 | self-contained or portable dental unit in which dentistry is | ||||||
24 | practiced that can be moved, towed, or transported from one | ||||||
25 | location to another in order to establish a location where | ||||||
26 | dental services can be provided. |
| |||||||
| |||||||
1 | "Public health dental hygienist" means a hygienist who | ||||||
2 | holds a valid license to practice in the State, has 2 years of | ||||||
3 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
4 | of clinical experience and has completed at least 42 clock | ||||||
5 | hours of additional structured courses in dental education | ||||||
6 | approved by rule by the Department in advanced areas specific | ||||||
7 | to public health dentistry, including, but not limited to, | ||||||
8 | emergency procedures for medically compromised patients, | ||||||
9 | pharmacology, medical recordkeeping procedures, geriatric | ||||||
10 | dentistry, pediatric dentistry, pathology, and other areas of | ||||||
11 | study as determined by the Department, and works in a public | ||||||
12 | health setting pursuant to a written public health supervision | ||||||
13 | agreement as defined by rule by the Department with a dentist | ||||||
14 | working in or contracted with a local or State government | ||||||
15 | agency or institution or who is providing services as part of a | ||||||
16 | certified school-based program or school-based oral health | ||||||
17 | program. | ||||||
18 | "Public health setting" means a federally qualified health | ||||||
19 | center; a federal, State, or local public health facility; Head | ||||||
20 | Start; a special supplemental nutrition program for Women, | ||||||
21 | Infants, and Children (WIC) facility; or a certified | ||||||
22 | school-based health center or school-based oral health | ||||||
23 | program. | ||||||
24 | "Public health supervision" means the supervision of a | ||||||
25 | public health dental hygienist by a licensed dentist who has a | ||||||
26 | written public health supervision agreement with that public |
| |||||||
| |||||||
1 | health dental hygienist while working in an approved facility | ||||||
2 | or program that allows the public health dental hygienist to | ||||||
3 | treat patients, without a dentist first examining the patient | ||||||
4 | and being present in the facility during treatment, (1) who are | ||||||
5 | eligible for Medicaid or (2) who are uninsured and whose | ||||||
6 | household income is not greater than 200% of the federal | ||||||
7 | poverty level. | ||||||
8 | (Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15; | ||||||
9 | 99-680, eff. 1-1-17 .)
| ||||||
10 | (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
12 | Sec. 8.1. Permit for the administration of anesthesia and | ||||||
13 | sedation.
| ||||||
14 | (a) No licensed dentist shall administer general | ||||||
15 | anesthesia, deep sedation, or
conscious sedation without first | ||||||
16 | applying for and obtaining a
permit for such purpose from the | ||||||
17 | Department. The Department shall issue
such permit only after | ||||||
18 | ascertaining that the applicant possesses the
minimum | ||||||
19 | qualifications necessary to protect public safety. A person | ||||||
20 | with a
dental degree who administers anesthesia, deep sedation,
| ||||||
21 | or conscious sedation
in an
approved
hospital training program | ||||||
22 | under the supervision of either a licensed
dentist holding such | ||||||
23 | permit or a physician licensed to practice medicine in
all its | ||||||
24 | branches shall not be required to obtain such permit.
| ||||||
25 | (b) In determining the minimum permit qualifications that |
| |||||||
| |||||||
1 | are necessary to protect public safety, the Department, by | ||||||
2 | rule, shall: | ||||||
3 | (1) establish the minimum educational and training | ||||||
4 | requirements necessary for a dentist to be issued an | ||||||
5 | appropriate permit; | ||||||
6 | (2) establish the standards for properly equipped | ||||||
7 | dental facilities (other than licensed hospitals and | ||||||
8 | ambulatory surgical treatment centers) in which general | ||||||
9 | anesthesia, deep sedation, or conscious sedation is | ||||||
10 | administered, as necessary to protect public safety; | ||||||
11 | (3) establish minimum requirements for all persons who | ||||||
12 | assist the dentist in the administration of general | ||||||
13 | anesthesia, deep sedation, or conscious sedation, | ||||||
14 | including minimum training requirements for each member of | ||||||
15 | the dental team, monitoring requirements, recordkeeping | ||||||
16 | requirements, and emergency procedures; and | ||||||
17 | (4) ensure that the dentist and all persons assisting | ||||||
18 | the dentist or monitoring the administration of general | ||||||
19 | anesthesia, deep sedation, or conscious sedation maintain | ||||||
20 | current certification in Basic Life Support (BLS) ; and . | ||||||
21 | (5) establish continuing education requirements in | ||||||
22 | sedation techniques for dentists who possess a permit under | ||||||
23 | this Section. | ||||||
24 | When establishing requirements under this Section, the | ||||||
25 | Department shall consider the current American Dental | ||||||
26 | Association guidelines on sedation and general anesthesia, the |
| |||||||
| |||||||
1 | current "Guidelines for Monitoring and Management of Pediatric | ||||||
2 | Patients During and After Sedation for Diagnostic and | ||||||
3 | Therapeutic Procedures" established by the American Academy of | ||||||
4 | Pediatrics and the American Academy of Pediatric Dentistry, and | ||||||
5 | the current parameters of care and Office Anesthesia Evaluation | ||||||
6 | (OAE) Manual established by the American Association of Oral | ||||||
7 | and Maxillofacial Surgeons. | ||||||
8 | (c) A licensed dentist must hold an appropriate permit | ||||||
9 | issued under this Section in order to perform dentistry while a | ||||||
10 | nurse anesthetist administers conscious sedation, and a valid | ||||||
11 | written collaborative agreement must exist between the dentist | ||||||
12 | and the nurse anesthetist, in accordance with the Nurse
| ||||||
13 | Practice Act. | ||||||
14 | A licensed dentist must hold an appropriate permit issued | ||||||
15 | under this Section in order to perform dentistry while a nurse | ||||||
16 | anesthetist administers deep sedation or general anesthesia, | ||||||
17 | and a valid written collaborative agreement must exist between | ||||||
18 | the dentist and the nurse anesthetist, in accordance with the | ||||||
19 | Nurse
Practice Act. | ||||||
20 | For the purposes of this subsection (c), "nurse | ||||||
21 | anesthetist" means a licensed certified registered nurse | ||||||
22 | anesthetist who holds a license as an advanced practice | ||||||
23 | registered nurse.
| ||||||
24 | (Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328, | ||||||
25 | eff. 8-11-09; revised 10-27-16.)
|
| |||||||
| |||||||
1 | Section 150. The Health Care Worker Self-Referral Act is | ||||||
2 | amended by changing Section 15 as follows:
| ||||||
3 | (225 ILCS 47/15)
| ||||||
4 | Sec. 15. Definitions. In this Act:
| ||||||
5 | (a) "Board" means the Health Facilities and Services Review | ||||||
6 | Board.
| ||||||
7 | (b) "Entity" means any individual, partnership, firm, | ||||||
8 | corporation, or
other business that provides health services | ||||||
9 | but does not include an
individual who is a health care worker | ||||||
10 | who provides professional services
to an individual.
| ||||||
11 | (c) "Group practice" means a group of 2 or more health care | ||||||
12 | workers
legally organized as a partnership, professional | ||||||
13 | corporation,
not-for-profit corporation, faculty
practice plan | ||||||
14 | or a similar association in which:
| ||||||
15 | (1) each health care worker who is a member or employee | ||||||
16 | or an
independent contractor of the group provides
| ||||||
17 | substantially the full range of services that the health | ||||||
18 | care worker
routinely provides, including consultation, | ||||||
19 | diagnosis, or treatment,
through the use of office space, | ||||||
20 | facilities, equipment, or personnel of the
group;
| ||||||
21 | (2) the services of the health care workers
are | ||||||
22 | provided through the group, and payments received for | ||||||
23 | health
services are treated as receipts of the group; and
| ||||||
24 | (3) the overhead expenses and the income from the | ||||||
25 | practice are
distributed by methods previously determined |
| |||||||
| |||||||
1 | by the group.
| ||||||
2 | (d) "Health care worker" means any individual licensed | ||||||
3 | under the laws of
this State to provide health services, | ||||||
4 | including but not limited to:
dentists licensed under the | ||||||
5 | Illinois Dental Practice Act; dental hygienists
licensed under | ||||||
6 | the Illinois Dental Practice Act; nurses and advanced practice | ||||||
7 | registered
nurses licensed under the Nurse Practice Act;
| ||||||
8 | occupational therapists licensed under
the
Illinois | ||||||
9 | Occupational Therapy Practice Act; optometrists licensed under | ||||||
10 | the
Illinois Optometric Practice Act of 1987; pharmacists | ||||||
11 | licensed under the
Pharmacy Practice Act; physical therapists | ||||||
12 | licensed under the
Illinois Physical Therapy Act; physicians | ||||||
13 | licensed under the Medical
Practice Act of 1987; physician | ||||||
14 | assistants licensed under the Physician
Assistant Practice Act | ||||||
15 | of 1987; podiatric physicians licensed under the Podiatric
| ||||||
16 | Medical Practice Act of 1987; clinical psychologists licensed | ||||||
17 | under the
Clinical Psychologist Licensing Act; clinical social | ||||||
18 | workers licensed under
the Clinical Social Work and Social Work | ||||||
19 | Practice Act; speech-language
pathologists and audiologists | ||||||
20 | licensed under the Illinois Speech-Language
Pathology and | ||||||
21 | Audiology Practice Act; or hearing instrument
dispensers | ||||||
22 | licensed
under the Hearing Instrument Consumer Protection Act, | ||||||
23 | or any of
their successor Acts.
| ||||||
24 | (e) "Health services" means health care procedures and | ||||||
25 | services
provided by or through a health care worker.
| ||||||
26 | (f) "Immediate family member" means a health care worker's |
| |||||||
| |||||||
1 | spouse,
child, child's spouse, or a parent.
| ||||||
2 | (g) "Investment interest" means an equity or debt security | ||||||
3 | issued by an
entity, including, without limitation, shares of | ||||||
4 | stock in a corporation,
units or other interests in a | ||||||
5 | partnership, bonds, debentures, notes, or
other equity | ||||||
6 | interests or debt instruments except that investment interest
| ||||||
7 | for purposes of Section 20 does not include interest in a | ||||||
8 | hospital licensed
under the laws of the State of Illinois.
| ||||||
9 | (h) "Investor" means an individual or entity directly or | ||||||
10 | indirectly
owning a legal or beneficial ownership or investment | ||||||
11 | interest, (such as
through an immediate family member, trust, | ||||||
12 | or another entity related to the investor).
| ||||||
13 | (i) "Office practice" includes the facility or facilities | ||||||
14 | at which a health
care worker, on an ongoing basis, provides or | ||||||
15 | supervises the provision of
professional health services to | ||||||
16 | individuals.
| ||||||
17 | (j) "Referral" means any referral of a patient for health | ||||||
18 | services,
including, without limitation:
| ||||||
19 | (1) The forwarding of a patient by one health care | ||||||
20 | worker to another
health care worker or to an entity | ||||||
21 | outside the health care worker's office
practice or group | ||||||
22 | practice that provides health services.
| ||||||
23 | (2) The request or establishment by a health care
| ||||||
24 | worker of a plan of care outside the health care worker's | ||||||
25 | office practice
or group practice
that includes the | ||||||
26 | provision of any health services.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-214, eff. 8-9-13.)
| ||||||
2 | Section 155. The Medical Practice Act of 1987 is amended by | ||||||
3 | changing Sections 8.1, 22, 54.2, and 54.5 as follows: | ||||||
4 | (225 ILCS 60/8.1)
| ||||||
5 | (Section scheduled to be repealed on December 31, 2017) | ||||||
6 | Sec. 8.1. Matters concerning advanced practice registered | ||||||
7 | nurses. Any proposed rules, amendments, second notice | ||||||
8 | materials and adopted rule or amendment materials, and policy | ||||||
9 | statements concerning advanced practice registered nurses | ||||||
10 | shall be presented to the Licensing Board for review and | ||||||
11 | comment. The recommendations of both the Board of Nursing and | ||||||
12 | the Licensing Board shall be presented to the Secretary for | ||||||
13 | consideration in making final decisions. Whenever the Board of | ||||||
14 | Nursing and the Licensing Board disagree on a proposed rule or | ||||||
15 | policy, the Secretary shall convene a joint meeting of the | ||||||
16 | officers of each Board to discuss the resolution of any such | ||||||
17 | disagreements.
| ||||||
18 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
19 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
20 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
21 | Sec. 22. Disciplinary action.
| ||||||
22 | (A) The Department may revoke, suspend, place on probation, | ||||||
23 | reprimand, refuse to issue or renew, or take any other |
| |||||||
| |||||||
1 | disciplinary or non-disciplinary action as the Department may | ||||||
2 | deem proper
with regard to the license or permit of any person | ||||||
3 | issued
under this Act, including imposing fines not to exceed | ||||||
4 | $10,000 for each violation, upon any of the following grounds:
| ||||||
5 | (1) Performance of an elective abortion in any place, | ||||||
6 | locale,
facility, or
institution other than:
| ||||||
7 | (a) a facility licensed pursuant to the Ambulatory | ||||||
8 | Surgical Treatment
Center Act;
| ||||||
9 | (b) an institution licensed under the Hospital | ||||||
10 | Licensing Act;
| ||||||
11 | (c) an ambulatory surgical treatment center or | ||||||
12 | hospitalization or care
facility maintained by the | ||||||
13 | State or any agency thereof, where such department
or | ||||||
14 | agency has authority under law to establish and enforce | ||||||
15 | standards for the
ambulatory surgical treatment | ||||||
16 | centers, hospitalization, or care facilities
under its | ||||||
17 | management and control;
| ||||||
18 | (d) ambulatory surgical treatment centers, | ||||||
19 | hospitalization or care
facilities maintained by the | ||||||
20 | Federal Government; or
| ||||||
21 | (e) ambulatory surgical treatment centers, | ||||||
22 | hospitalization or care
facilities maintained by any | ||||||
23 | university or college established under the laws
of | ||||||
24 | this State and supported principally by public funds | ||||||
25 | raised by
taxation.
| ||||||
26 | (2) Performance of an abortion procedure in a wilful |
| |||||||
| |||||||
1 | and wanton
manner on a
woman who was not pregnant at the | ||||||
2 | time the abortion procedure was
performed.
| ||||||
3 | (3) A plea of guilty or nolo contendere, finding of | ||||||
4 | guilt, jury verdict, or entry of judgment or sentencing, | ||||||
5 | including, but not limited to, convictions, preceding | ||||||
6 | sentences of supervision, conditional discharge, or first | ||||||
7 | offender probation, under the laws of any jurisdiction of | ||||||
8 | the United States of any crime that is a felony.
| ||||||
9 | (4) Gross negligence in practice under this Act.
| ||||||
10 | (5) Engaging in dishonorable, unethical or | ||||||
11 | unprofessional
conduct of a
character likely to deceive, | ||||||
12 | defraud or harm the public.
| ||||||
13 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
14 | misrepresentation.
| ||||||
15 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
16 | in law
as
controlled substances, of alcohol, or of any | ||||||
17 | other substances which results in
the inability to practice | ||||||
18 | with reasonable judgment, skill or safety.
| ||||||
19 | (8) Practicing under a false or, except as provided by | ||||||
20 | law, an
assumed
name.
| ||||||
21 | (9) Fraud or misrepresentation in applying for, or | ||||||
22 | procuring, a
license
under this Act or in connection with | ||||||
23 | applying for renewal of a license under
this Act.
| ||||||
24 | (10) Making a false or misleading statement regarding | ||||||
25 | their
skill or the
efficacy or value of the medicine, | ||||||
26 | treatment, or remedy prescribed by them at
their direction |
| |||||||
| |||||||
1 | in the treatment of any disease or other condition of the | ||||||
2 | body
or mind.
| ||||||
3 | (11) Allowing another person or organization to use | ||||||
4 | their
license, procured
under this Act, to practice.
| ||||||
5 | (12) Adverse action taken by another state or | ||||||
6 | jurisdiction
against a license
or other authorization to | ||||||
7 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
8 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
9 | certified copy of the record of the action taken by
the | ||||||
10 | other state or jurisdiction being prima facie evidence | ||||||
11 | thereof. This includes any adverse action taken by a State | ||||||
12 | or federal agency that prohibits a medical doctor, doctor | ||||||
13 | of osteopathy, doctor of osteopathic medicine, or doctor of | ||||||
14 | chiropractic from providing services to the agency's | ||||||
15 | participants.
| ||||||
16 | (13) Violation of any provision of this Act or of the | ||||||
17 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
18 | violation of the rules, or a final
administrative action of | ||||||
19 | the Secretary, after consideration of the
recommendation | ||||||
20 | of the Disciplinary Board.
| ||||||
21 | (14) Violation of the prohibition against fee | ||||||
22 | splitting in Section 22.2 of this Act.
| ||||||
23 | (15) A finding by the Disciplinary Board that the
| ||||||
24 | registrant after
having his or her license placed on | ||||||
25 | probationary status or subjected to
conditions or | ||||||
26 | restrictions violated the terms of the probation or failed |
| |||||||
| |||||||
1 | to
comply with such terms or conditions.
| ||||||
2 | (16) Abandonment of a patient.
| ||||||
3 | (17) Prescribing, selling, administering, | ||||||
4 | distributing, giving
or
self-administering any drug | ||||||
5 | classified as a controlled substance (designated
product) | ||||||
6 | or narcotic for other than medically accepted therapeutic
| ||||||
7 | purposes.
| ||||||
8 | (18) Promotion of the sale of drugs, devices, | ||||||
9 | appliances or
goods provided
for a patient in such manner | ||||||
10 | as to exploit the patient for financial gain of
the | ||||||
11 | physician.
| ||||||
12 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
13 | disease by a secret
method, procedure, treatment or | ||||||
14 | medicine, or the treating, operating or
prescribing for any | ||||||
15 | human condition by a method, means or procedure which the
| ||||||
16 | licensee refuses to divulge upon demand of the Department.
| ||||||
17 | (20) Immoral conduct in the commission of any act | ||||||
18 | including,
but not limited to, commission of an act of | ||||||
19 | sexual misconduct related to the
licensee's
practice.
| ||||||
20 | (21) Wilfully making or filing false records or reports | ||||||
21 | in his
or her
practice as a physician, including, but not | ||||||
22 | limited to, false records to
support claims against the | ||||||
23 | medical assistance program of the Department of Healthcare | ||||||
24 | and Family Services (formerly Department of
Public Aid)
| ||||||
25 | under the Illinois Public Aid Code.
| ||||||
26 | (22) Wilful omission to file or record, or wilfully |
| |||||||
| |||||||
1 | impeding
the filing or
recording, or inducing another | ||||||
2 | person to omit to file or record, medical
reports as | ||||||
3 | required by law, or wilfully failing to report an instance | ||||||
4 | of
suspected abuse or neglect as required by law.
| ||||||
5 | (23) Being named as a perpetrator in an indicated | ||||||
6 | report by
the Department
of Children and Family Services | ||||||
7 | under the Abused and Neglected Child Reporting
Act, and | ||||||
8 | upon proof by clear and convincing evidence that the | ||||||
9 | licensee has
caused a child to be an abused child or | ||||||
10 | neglected child as defined in the
Abused and Neglected | ||||||
11 | Child Reporting Act.
| ||||||
12 | (24) Solicitation of professional patronage by any
| ||||||
13 | corporation, agents or
persons, or profiting from those | ||||||
14 | representing themselves to be agents of the
licensee.
| ||||||
15 | (25) Gross and wilful and continued overcharging for
| ||||||
16 | professional services,
including filing false statements | ||||||
17 | for collection of fees for which services are
not rendered, | ||||||
18 | including, but not limited to, filing such false statements | ||||||
19 | for
collection of monies for services not rendered from the | ||||||
20 | medical assistance
program of the Department of Healthcare | ||||||
21 | and Family Services (formerly Department of Public Aid)
| ||||||
22 | under the Illinois Public Aid
Code.
| ||||||
23 | (26) A pattern of practice or other behavior which
| ||||||
24 | demonstrates
incapacity
or incompetence to practice under | ||||||
25 | this Act.
| ||||||
26 | (27) Mental illness or disability which results in the
|
| |||||||
| |||||||
1 | inability to
practice under this Act with reasonable | ||||||
2 | judgment, skill or safety.
| ||||||
3 | (28) Physical illness, including, but not limited to,
| ||||||
4 | deterioration through
the aging process, or loss of motor | ||||||
5 | skill which results in a physician's
inability to practice | ||||||
6 | under this Act with reasonable judgment, skill or
safety.
| ||||||
7 | (29) Cheating on or attempt to subvert the licensing
| ||||||
8 | examinations
administered under this Act.
| ||||||
9 | (30) Wilfully or negligently violating the | ||||||
10 | confidentiality
between
physician and patient except as | ||||||
11 | required by law.
| ||||||
12 | (31) The use of any false, fraudulent, or deceptive | ||||||
13 | statement
in any
document connected with practice under | ||||||
14 | this Act.
| ||||||
15 | (32) Aiding and abetting an individual not licensed | ||||||
16 | under this
Act in the
practice of a profession licensed | ||||||
17 | under this Act.
| ||||||
18 | (33) Violating state or federal laws or regulations | ||||||
19 | relating
to controlled
substances, legend
drugs, or | ||||||
20 | ephedra as defined in the Ephedra Prohibition Act.
| ||||||
21 | (34) Failure to report to the Department any adverse | ||||||
22 | final
action taken
against them by another licensing | ||||||
23 | jurisdiction (any other state or any
territory of the | ||||||
24 | United States or any foreign state or country), by any peer
| ||||||
25 | review body, by any health care institution, by any | ||||||
26 | professional society or
association related to practice |
| |||||||
| |||||||
1 | under this Act, by any governmental agency, by
any law | ||||||
2 | enforcement agency, or by any court for acts or conduct | ||||||
3 | similar to acts
or conduct which would constitute grounds | ||||||
4 | for action as defined in this
Section.
| ||||||
5 | (35) Failure to report to the Department surrender of a
| ||||||
6 | license or
authorization to practice as a medical doctor, a | ||||||
7 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
8 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
9 | surrender of membership on
any medical staff or in any | ||||||
10 | medical or professional association or society,
while | ||||||
11 | under disciplinary investigation by any of those | ||||||
12 | authorities or bodies,
for acts or conduct similar to acts | ||||||
13 | or conduct which would constitute grounds
for action as | ||||||
14 | defined in this Section.
| ||||||
15 | (36) Failure to report to the Department any adverse | ||||||
16 | judgment,
settlement,
or award arising from a liability | ||||||
17 | claim related to acts or conduct similar to
acts or conduct | ||||||
18 | which would constitute grounds for action as defined in | ||||||
19 | this
Section.
| ||||||
20 | (37) Failure to provide copies of medical records as | ||||||
21 | required
by law.
| ||||||
22 | (38) Failure to furnish the Department, its | ||||||
23 | investigators or
representatives, relevant information, | ||||||
24 | legally requested by the Department
after consultation | ||||||
25 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
26 | Coordinator.
|
| |||||||
| |||||||
1 | (39) Violating the Health Care Worker Self-Referral
| ||||||
2 | Act.
| ||||||
3 | (40) Willful failure to provide notice when notice is | ||||||
4 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
5 | (41) Failure to establish and maintain records of | ||||||
6 | patient care and
treatment as required by this law.
| ||||||
7 | (42) Entering into an excessive number of written | ||||||
8 | collaborative
agreements with licensed advanced practice | ||||||
9 | registered nurses resulting in an inability to
adequately | ||||||
10 | collaborate.
| ||||||
11 | (43) Repeated failure to adequately collaborate with a | ||||||
12 | licensed advanced practice registered nurse. | ||||||
13 | (44) Violating the Compassionate Use of Medical | ||||||
14 | Cannabis Pilot Program Act.
| ||||||
15 | (45) Entering into an excessive number of written | ||||||
16 | collaborative agreements with licensed prescribing | ||||||
17 | psychologists resulting in an inability to adequately | ||||||
18 | collaborate. | ||||||
19 | (46) Repeated failure to adequately collaborate with a | ||||||
20 | licensed prescribing psychologist. | ||||||
21 | Except
for actions involving the ground numbered (26), all | ||||||
22 | proceedings to suspend,
revoke, place on probationary status, | ||||||
23 | or take any
other disciplinary action as the Department may | ||||||
24 | deem proper, with regard to a
license on any of the foregoing | ||||||
25 | grounds, must be commenced within 5 years next
after receipt by | ||||||
26 | the Department of a complaint alleging the commission of or
|
| |||||||
| |||||||
1 | notice of the conviction order for any of the acts described | ||||||
2 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
3 | (29), no action shall be commenced more
than 10 years after the | ||||||
4 | date of the incident or act alleged to have violated
this | ||||||
5 | Section. For actions involving the ground numbered (26), a | ||||||
6 | pattern of practice or other behavior includes all incidents | ||||||
7 | alleged to be part of the pattern of practice or other behavior | ||||||
8 | that occurred, or a report pursuant to Section 23 of this Act | ||||||
9 | received, within the 10-year period preceding the filing of the | ||||||
10 | complaint. In the event of the settlement of any claim or cause | ||||||
11 | of action
in favor of the claimant or the reduction to final | ||||||
12 | judgment of any civil action
in favor of the plaintiff, such | ||||||
13 | claim, cause of action or civil action being
grounded on the | ||||||
14 | allegation that a person licensed under this Act was negligent
| ||||||
15 | in providing care, the Department shall have an additional | ||||||
16 | period of 2 years
from the date of notification to the | ||||||
17 | Department under Section 23 of this Act
of such settlement or | ||||||
18 | final judgment in which to investigate and
commence formal | ||||||
19 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
20 | as otherwise provided by law. The time during which the holder | ||||||
21 | of the license
was outside the State of Illinois shall not be | ||||||
22 | included within any period of
time limiting the commencement of | ||||||
23 | disciplinary action by the Department.
| ||||||
24 | The entry of an order or judgment by any circuit court | ||||||
25 | establishing that any
person holding a license under this Act | ||||||
26 | is a person in need of mental treatment
operates as a |
| |||||||
| |||||||
1 | suspension of that license. That person may resume their
| ||||||
2 | practice only upon the entry of a Departmental order based upon | ||||||
3 | a finding by
the Disciplinary Board that they have been | ||||||
4 | determined to be recovered
from mental illness by the court and | ||||||
5 | upon the Disciplinary Board's
recommendation that they be | ||||||
6 | permitted to resume their practice.
| ||||||
7 | The Department may refuse to issue or take disciplinary | ||||||
8 | action concerning the license of any person
who fails to file a | ||||||
9 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
10 | return, or to pay any final assessment of tax, penalty or | ||||||
11 | interest, as
required by any tax Act administered by the | ||||||
12 | Illinois Department of Revenue,
until such time as the | ||||||
13 | requirements of any such tax Act are satisfied as
determined by | ||||||
14 | the Illinois Department of Revenue.
| ||||||
15 | The Department, upon the recommendation of the | ||||||
16 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
17 | to be used in determining:
| ||||||
18 | (a) when a person will be deemed sufficiently | ||||||
19 | rehabilitated to warrant the
public trust;
| ||||||
20 | (b) what constitutes dishonorable, unethical or | ||||||
21 | unprofessional conduct of
a character likely to deceive, | ||||||
22 | defraud, or harm the public;
| ||||||
23 | (c) what constitutes immoral conduct in the commission | ||||||
24 | of any act,
including, but not limited to, commission of an | ||||||
25 | act of sexual misconduct
related
to the licensee's | ||||||
26 | practice; and
|
| |||||||
| |||||||
1 | (d) what constitutes gross negligence in the practice | ||||||
2 | of medicine.
| ||||||
3 | However, no such rule shall be admissible into evidence in | ||||||
4 | any civil action
except for review of a licensing or other | ||||||
5 | disciplinary action under this Act.
| ||||||
6 | In enforcing this Section, the Disciplinary Board or the | ||||||
7 | Licensing Board,
upon a showing of a possible violation, may | ||||||
8 | compel, in the case of the Disciplinary Board, any individual | ||||||
9 | who is licensed to
practice under this Act or holds a permit to | ||||||
10 | practice under this Act, or, in the case of the Licensing | ||||||
11 | Board, any individual who has applied for licensure or a permit
| ||||||
12 | pursuant to this Act, to submit to a mental or physical | ||||||
13 | examination and evaluation, or both,
which may include a | ||||||
14 | substance abuse or sexual offender evaluation, as required by | ||||||
15 | the Licensing Board or Disciplinary Board and at the expense of | ||||||
16 | the Department. The Disciplinary Board or Licensing Board shall | ||||||
17 | specifically designate the examining physician licensed to | ||||||
18 | practice medicine in all of its branches or, if applicable, the | ||||||
19 | multidisciplinary team involved in providing the mental or | ||||||
20 | physical examination and evaluation, or both. The | ||||||
21 | multidisciplinary team shall be led by a physician licensed to | ||||||
22 | practice medicine in all of its branches and may consist of one | ||||||
23 | or more or a combination of physicians licensed to practice | ||||||
24 | medicine in all of its branches, licensed chiropractic | ||||||
25 | physicians, licensed clinical psychologists, licensed clinical | ||||||
26 | social workers, licensed clinical professional counselors, and |
| |||||||
| |||||||
1 | other professional and administrative staff. Any examining | ||||||
2 | physician or member of the multidisciplinary team may require | ||||||
3 | any person ordered to submit to an examination and evaluation | ||||||
4 | pursuant to this Section to submit to any additional | ||||||
5 | supplemental testing deemed necessary to complete any | ||||||
6 | examination or evaluation process, including, but not limited | ||||||
7 | to, blood testing, urinalysis, psychological testing, or | ||||||
8 | neuropsychological testing.
The Disciplinary Board, the | ||||||
9 | Licensing Board, or the Department may order the examining
| ||||||
10 | physician or any member of the multidisciplinary team to | ||||||
11 | provide to the Department, the Disciplinary Board, or the | ||||||
12 | Licensing Board any and all records, including business | ||||||
13 | records, that relate to the examination and evaluation, | ||||||
14 | including any supplemental testing performed. The Disciplinary | ||||||
15 | Board, the Licensing Board, or the Department may order the | ||||||
16 | examining physician or any member of the multidisciplinary team | ||||||
17 | to present testimony concerning this examination
and | ||||||
18 | evaluation of the licensee, permit holder, or applicant, | ||||||
19 | including testimony concerning any supplemental testing or | ||||||
20 | documents relating to the examination and evaluation. No | ||||||
21 | information, report, record, or other documents in any way | ||||||
22 | related to the examination and evaluation shall be excluded by | ||||||
23 | reason of
any common
law or statutory privilege relating to | ||||||
24 | communication between the licensee, permit holder, or
| ||||||
25 | applicant and
the examining physician or any member of the | ||||||
26 | multidisciplinary team.
No authorization is necessary from the |
| |||||||
| |||||||
1 | licensee, permit holder, or applicant ordered to undergo an | ||||||
2 | evaluation and examination for the examining physician or any | ||||||
3 | member of the multidisciplinary team to provide information, | ||||||
4 | reports, records, or other documents or to provide any | ||||||
5 | testimony regarding the examination and evaluation. The | ||||||
6 | individual to be examined may have, at his or her own expense, | ||||||
7 | another
physician of his or her choice present during all | ||||||
8 | aspects of the examination.
Failure of any individual to submit | ||||||
9 | to mental or physical examination and evaluation, or both, when
| ||||||
10 | directed, shall result in an automatic suspension, without | ||||||
11 | hearing, until such time
as the individual submits to the | ||||||
12 | examination. If the Disciplinary Board or Licensing Board finds | ||||||
13 | a physician unable
to practice following an examination and | ||||||
14 | evaluation because of the reasons set forth in this Section, | ||||||
15 | the Disciplinary
Board or Licensing Board shall require such | ||||||
16 | physician to submit to care, counseling, or treatment
by | ||||||
17 | physicians, or other health care professionals, approved or | ||||||
18 | designated by the Disciplinary Board, as a condition
for | ||||||
19 | issued, continued, reinstated, or renewed licensure to | ||||||
20 | practice. Any physician,
whose license was granted pursuant to | ||||||
21 | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | ||||||
22 | renewed, disciplined or supervised, subject to such
terms, | ||||||
23 | conditions or restrictions who shall fail to comply with such | ||||||
24 | terms,
conditions or restrictions, or to complete a required | ||||||
25 | program of care,
counseling, or treatment, as determined by the | ||||||
26 | Chief Medical Coordinator or
Deputy Medical Coordinators, |
| |||||||
| |||||||
1 | shall be referred to the Secretary for a
determination as to | ||||||
2 | whether the licensee shall have their license suspended
| ||||||
3 | immediately, pending a hearing by the Disciplinary Board. In | ||||||
4 | instances in
which the Secretary immediately suspends a license | ||||||
5 | under this Section, a hearing
upon such person's license must | ||||||
6 | be convened by the Disciplinary Board within 15
days after such | ||||||
7 | suspension and completed without appreciable delay. The
| ||||||
8 | Disciplinary Board shall have the authority to review the | ||||||
9 | subject physician's
record of treatment and counseling | ||||||
10 | regarding the impairment, to the extent
permitted by applicable | ||||||
11 | federal statutes and regulations safeguarding the
| ||||||
12 | confidentiality of medical records.
| ||||||
13 | An individual licensed under this Act, affected under this | ||||||
14 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
15 | Disciplinary Board that they can
resume practice in compliance | ||||||
16 | with acceptable and prevailing standards under
the provisions | ||||||
17 | of their license.
| ||||||
18 | The Department may promulgate rules for the imposition of | ||||||
19 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
20 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
21 | other forms of disciplinary action, but
shall not be the | ||||||
22 | exclusive disposition of any disciplinary action arising out
of | ||||||
23 | conduct resulting in death or injury to a patient. Any funds | ||||||
24 | collected from
such fines shall be deposited in the Medical | ||||||
25 | Disciplinary Fund.
| ||||||
26 | All fines imposed under this Section shall be paid within |
| |||||||
| |||||||
1 | 60 days after the effective date of the order imposing the fine | ||||||
2 | or in accordance with the terms set forth in the order imposing | ||||||
3 | the fine. | ||||||
4 | (B) The Department shall revoke the license or
permit | ||||||
5 | issued under this Act to practice medicine or a chiropractic | ||||||
6 | physician who
has been convicted a second time of committing | ||||||
7 | any felony under the
Illinois Controlled Substances Act or the | ||||||
8 | Methamphetamine Control and Community Protection Act, or who | ||||||
9 | has been convicted a second time of
committing a Class 1 felony | ||||||
10 | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||||||
11 | person whose license or permit is revoked
under
this subsection | ||||||
12 | B shall be prohibited from practicing
medicine or treating | ||||||
13 | human ailments without the use of drugs and without
operative | ||||||
14 | surgery.
| ||||||
15 | (C) The Department shall not revoke, suspend, place on | ||||||
16 | probation, reprimand, refuse to issue or renew, or take any | ||||||
17 | other disciplinary or non-disciplinary action against the | ||||||
18 | license or permit issued under this Act to practice medicine to | ||||||
19 | a physician based solely upon the recommendation of the | ||||||
20 | physician to an eligible patient regarding, or prescription | ||||||
21 | for, or treatment with, an investigational drug, biological | ||||||
22 | product, or device. | ||||||
23 | (D) The Disciplinary Board shall recommend to the
| ||||||
24 | Department civil
penalties and any other appropriate | ||||||
25 | discipline in disciplinary cases when the
Board finds that a | ||||||
26 | physician willfully performed an abortion with actual
|
| |||||||
| |||||||
1 | knowledge that the person upon whom the abortion has been | ||||||
2 | performed is a minor
or an incompetent person without notice as | ||||||
3 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
4 | Upon the Board's recommendation, the Department shall
impose, | ||||||
5 | for the first violation, a civil penalty of $1,000 and for a | ||||||
6 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
7 | (Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14; | ||||||
8 | 98-1140, eff. 12-30-14; 99-270, eff. 1-1-16 .)
| ||||||
9 | (225 ILCS 60/54.2) | ||||||
10 | (Section scheduled to be repealed on December 31, 2017) | ||||||
11 | Sec. 54.2. Physician delegation of authority. | ||||||
12 | (a) Nothing in this Act shall be construed to limit the | ||||||
13 | delegation of patient care tasks or duties by a physician, to a | ||||||
14 | licensed practical nurse, a registered professional nurse, or | ||||||
15 | other licensed person practicing within the scope of his or her | ||||||
16 | individual licensing Act. Delegation by a physician licensed to | ||||||
17 | practice medicine in all its branches to physician assistants | ||||||
18 | or advanced practice registered nurses is also addressed in | ||||||
19 | Section 54.5 of this Act. No physician may delegate any patient | ||||||
20 | care task or duty that is statutorily or by rule mandated to be | ||||||
21 | performed by a physician. | ||||||
22 | (b) In an office or practice setting and within a | ||||||
23 | physician-patient relationship, a physician may delegate | ||||||
24 | patient care tasks or duties to an unlicensed person who | ||||||
25 | possesses appropriate training and experience provided a |
| |||||||
| |||||||
1 | health care professional, who is practicing within the scope of | ||||||
2 | such licensed professional's individual licensing Act, is on | ||||||
3 | site to provide assistance. | ||||||
4 | (c) Any such patient care task or duty delegated to a | ||||||
5 | licensed or unlicensed person must be within the scope of | ||||||
6 | practice, education, training, or experience of the delegating | ||||||
7 | physician and within the context of a physician-patient | ||||||
8 | relationship. | ||||||
9 | (d) Nothing in this Section shall be construed to affect | ||||||
10 | referrals for professional services required by law. | ||||||
11 | (e) The Department shall have the authority to promulgate | ||||||
12 | rules concerning a physician's delegation, including but not | ||||||
13 | limited to, the use of light emitting devices for patient care | ||||||
14 | or treatment.
| ||||||
15 | (f) Nothing in this Act shall be construed to limit the | ||||||
16 | method of delegation that may be authorized by any means, | ||||||
17 | including, but not limited to, oral, written, electronic, | ||||||
18 | standing orders, protocols, guidelines, or verbal orders. | ||||||
19 | (Source: P.A. 96-618, eff. 1-1-10; 97-622, eff. 11-23-11 .)
| ||||||
20 | (225 ILCS 60/54.5)
| ||||||
21 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
22 | Sec. 54.5. Physician delegation of authority to physician | ||||||
23 | assistants, advanced practice registered nurses, and | ||||||
24 | prescribing psychologists.
| ||||||
25 | (a) Physicians licensed to practice medicine in all its
|
| |||||||
| |||||||
1 | branches may delegate care and treatment responsibilities to a
| ||||||
2 | physician assistant under guidelines in accordance with the
| ||||||
3 | requirements of the Physician Assistant Practice Act of
1987. A | ||||||
4 | physician licensed to practice medicine in all its
branches may | ||||||
5 | enter into supervising physician agreements with
no more than 5 | ||||||
6 | physician assistants as set forth in subsection (a) of Section | ||||||
7 | 7 of the Physician Assistant Practice Act of 1987.
| ||||||
8 | (b) A physician licensed to practice medicine in all its
| ||||||
9 | branches in active clinical practice may collaborate with an | ||||||
10 | advanced practice registered
nurse in accordance with the | ||||||
11 | requirements of the Nurse Practice Act. Collaboration
is for | ||||||
12 | the purpose of providing medical consultation,
and no | ||||||
13 | employment relationship is required. A
written collaborative | ||||||
14 | agreement shall
conform to the requirements of Section 65-35 of | ||||||
15 | the Nurse Practice Act. The written collaborative agreement | ||||||
16 | shall
be for
services in the same area of practice or specialty | ||||||
17 | as the collaborating physician in
his or her clinical medical | ||||||
18 | practice.
A written collaborative agreement shall be adequate | ||||||
19 | with respect to collaboration
with advanced practice | ||||||
20 | registered nurses if all of the following apply:
| ||||||
21 | (1) The agreement is written to promote the exercise of | ||||||
22 | professional judgment by the advanced practice registered | ||||||
23 | nurse commensurate with his or her education and | ||||||
24 | experience.
| ||||||
25 | (2) The advanced advance practice registered nurse | ||||||
26 | provides services based upon a written collaborative |
| |||||||
| |||||||
1 | agreement with the collaborating physician, except as set | ||||||
2 | forth in subsection (b-5) of this Section. With respect to | ||||||
3 | labor and delivery, the collaborating physician must | ||||||
4 | provide delivery services in order to participate with a | ||||||
5 | certified nurse midwife. | ||||||
6 | (3) Methods of communication are available with the | ||||||
7 | collaborating physician in person or through | ||||||
8 | telecommunications for consultation, collaboration, and | ||||||
9 | referral as needed to address patient care needs.
| ||||||
10 | (b-5) An anesthesiologist or physician licensed to | ||||||
11 | practice medicine in
all its branches may collaborate with a | ||||||
12 | certified registered nurse anesthetist
in accordance with | ||||||
13 | Section 65-35 of the Nurse Practice Act for the provision of | ||||||
14 | anesthesia services. With respect to the provision of | ||||||
15 | anesthesia services, the collaborating anesthesiologist or | ||||||
16 | physician shall have training and experience in the delivery of | ||||||
17 | anesthesia services consistent with Department rules. | ||||||
18 | Collaboration shall be
adequate if:
| ||||||
19 | (1) an anesthesiologist or a physician
participates in | ||||||
20 | the joint formulation and joint approval of orders or
| ||||||
21 | guidelines and periodically reviews such orders and the | ||||||
22 | services provided
patients under such orders; and
| ||||||
23 | (2) for anesthesia services, the anesthesiologist
or | ||||||
24 | physician participates through discussion of and agreement | ||||||
25 | with the
anesthesia plan and is physically present and | ||||||
26 | available on the premises during
the delivery of anesthesia |
| |||||||
| |||||||
1 | services for
diagnosis, consultation, and treatment of | ||||||
2 | emergency medical conditions.
Anesthesia services in a | ||||||
3 | hospital shall be conducted in accordance with
Section 10.7 | ||||||
4 | of the Hospital Licensing Act and in an ambulatory surgical
| ||||||
5 | treatment center in accordance with Section 6.5 of the | ||||||
6 | Ambulatory Surgical
Treatment Center Act.
| ||||||
7 | (b-10) The anesthesiologist or operating physician must | ||||||
8 | agree with the
anesthesia plan prior to the delivery of | ||||||
9 | services.
| ||||||
10 | (c) The supervising physician shall have access to the
| ||||||
11 | medical records of all patients attended by a physician
| ||||||
12 | assistant. The collaborating physician shall have access to
the | ||||||
13 | medical records of all patients attended to by an
advanced | ||||||
14 | practice registered nurse.
| ||||||
15 | (d) (Blank).
| ||||||
16 | (e) A physician shall not be liable for the acts or
| ||||||
17 | omissions of a prescribing psychologist, physician assistant, | ||||||
18 | or advanced practice registered
nurse solely on the basis of | ||||||
19 | having signed a
supervision agreement or guidelines or a | ||||||
20 | collaborative
agreement, an order, a standing medical order, a
| ||||||
21 | standing delegation order, or other order or guideline
| ||||||
22 | authorizing a prescribing psychologist, physician assistant, | ||||||
23 | or advanced practice registered
nurse to perform acts, unless | ||||||
24 | the physician has
reason to believe the prescribing | ||||||
25 | psychologist, physician assistant, or advanced
practice | ||||||
26 | registered nurse lacked the competency to perform
the act or |
| |||||||
| |||||||
1 | acts or commits willful and wanton misconduct.
| ||||||
2 | (f) A collaborating physician may, but is not required to, | ||||||
3 | delegate prescriptive authority to an advanced practice | ||||||
4 | registered nurse as part of a written collaborative agreement, | ||||||
5 | and the delegation of prescriptive authority shall conform to | ||||||
6 | the requirements of Section 65-40 of the Nurse Practice Act. | ||||||
7 | (g) A supervising physician may, but is not required to, | ||||||
8 | delegate prescriptive authority to a physician assistant as | ||||||
9 | part of a written supervision agreement, and the delegation of | ||||||
10 | prescriptive authority shall conform to the requirements of | ||||||
11 | Section 7.5 of the Physician Assistant Practice Act of 1987. | ||||||
12 | (h) (Blank). | ||||||
13 | (i) A collaborating physician shall delegate prescriptive | ||||||
14 | authority to a prescribing psychologist as part of a written | ||||||
15 | collaborative agreement, and the delegation of prescriptive | ||||||
16 | authority shall conform to the requirements of Section 4.3 of | ||||||
17 | the Clinical Psychologist Licensing Act. | ||||||
18 | (Source: P.A. 98-192, eff. 1-1-14; 98-668, eff. 6-25-14; | ||||||
19 | 99-173, eff. 7-29-15 .)
| ||||||
20 | Section 160. The Nurse Practice Act is amended by changing | ||||||
21 | Sections 50-10, 50-15, 50-20, 50-50, 50-55, 50-60, 50-65, | ||||||
22 | 50-70, 50-75, 55-10, 55-20, 55-30, 60-5, 60-10, 60-25, 65-5, | ||||||
23 | 65-10, 65-15, 65-20, 65-25, 65-30, 65-35, 65-35.1, 65-40, | ||||||
24 | 65-45, 65-50, 65-55, 65-65, 70-5, 70-10, 70-20, 70-35, 70-40, | ||||||
25 | 70-50, 70-60, 70-75, 70-80, 70-85, 70-100, 70-140, 70-145, |
| |||||||
| |||||||
1 | 70-160, 75-10, 75-15, 75-20, 80-15, and 80-35 and the heading | ||||||
2 | of Articles 65 and 75 and by adding Sections 50-13, 50-26, | ||||||
3 | 55-11, 60-11, 70-81, and 70-103 as follows:
| ||||||
4 | (225 ILCS 65/50-10)
(was 225 ILCS 65/5-10)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
6 | Sec. 50-10. Definitions. Each of the following terms, when | ||||||
7 | used
in this Act, shall have the meaning ascribed to it in this | ||||||
8 | Section, except
where the context clearly indicates otherwise:
| ||||||
9 | "Academic year" means the customary annual schedule of | ||||||
10 | courses at a
college, university, or approved school, | ||||||
11 | customarily regarded as the school
year as distinguished from | ||||||
12 | the calendar year.
| ||||||
13 | "Address of record" means the designated address recorded | ||||||
14 | by the Department in the applicant's or licensee's application | ||||||
15 | file or license file as maintained by the Department's | ||||||
16 | licensure maintenance unit. | ||||||
17 | "Advanced practice registered nurse" or "APRN" "APN" means | ||||||
18 | a person who has met the qualifications for a (i) certified | ||||||
19 | nurse midwife (CNM); (ii) certified nurse practitioner (CNP); | ||||||
20 | (iii) certified registered nurse anesthetist (CRNA); or (iv) | ||||||
21 | clinical nurse specialist (CNS) and has been licensed by the | ||||||
22 | Department. All advanced practice registered nurses licensed | ||||||
23 | and practicing in the State of Illinois shall use the title | ||||||
24 | APRN APN and may use specialty credentials CNM, CNP, CRNA, or | ||||||
25 | CNS after their name. All advanced practice registered nurses |
| |||||||
| |||||||
1 | may only practice in accordance with national certification and | ||||||
2 | this Act.
| ||||||
3 | "Advisory Board" means the Illinois Nursing Workforce | ||||||
4 | Center Advisory Board. | ||||||
5 | "Approved program of professional nursing education" and | ||||||
6 | "approved
program of practical nursing education" are programs | ||||||
7 | of professional or
practical nursing, respectively, approved | ||||||
8 | by the Department under the
provisions of this Act.
| ||||||
9 | "Board" means the Board of Nursing appointed by the | ||||||
10 | Secretary. | ||||||
11 | "Center" means the Illinois Nursing Workforce Center. | ||||||
12 | "Collaboration" means a process involving 2 or more health | ||||||
13 | care professionals working together, each contributing one's | ||||||
14 | respective area of expertise to provide more comprehensive | ||||||
15 | patient care. | ||||||
16 | "Consultation" means the process whereby an advanced | ||||||
17 | practice registered nurse seeks the advice or opinion of | ||||||
18 | another health care professional. | ||||||
19 | "Credentialed" means the process of assessing and | ||||||
20 | validating the qualifications of a health care professional. | ||||||
21 | "Current nursing practice update course" means a planned | ||||||
22 | nursing education curriculum approved by the Department | ||||||
23 | consisting of activities that have educational objectives, | ||||||
24 | instructional methods, content or subject matter, clinical | ||||||
25 | practice, and evaluation methods, related to basic review and | ||||||
26 | updating content and specifically planned for those nurses |
| |||||||
| |||||||
1 | previously licensed in the United States or its territories and | ||||||
2 | preparing for reentry into nursing practice. | ||||||
3 | "Dentist" means a person licensed to practice dentistry | ||||||
4 | under the Illinois Dental Practice Act. | ||||||
5 | "Department" means the Department of Financial and | ||||||
6 | Professional Regulation. | ||||||
7 | "Email address of record" means the designated email | ||||||
8 | address recorded by the Department in the applicant's | ||||||
9 | application file or the licensee's license file, as maintained | ||||||
10 | by the Department's licensure maintenance unit. | ||||||
11 | "Hospital affiliate" means a corporation, partnership, | ||||||
12 | joint venture, limited liability company, or similar | ||||||
13 | organization, other than a hospital, that is devoted primarily | ||||||
14 | to the provision, management, or support of health care | ||||||
15 | services and that directly or indirectly controls, is | ||||||
16 | controlled by, or is under common control of the hospital. For | ||||||
17 | the purposes of this definition, "control" means having at | ||||||
18 | least an equal or a majority ownership or membership interest. | ||||||
19 | A hospital affiliate shall be 100% owned or controlled by any | ||||||
20 | combination of hospitals, their parent corporations, or | ||||||
21 | physicians licensed to practice medicine in all its branches in | ||||||
22 | Illinois. "Hospital affiliate" does not include a health | ||||||
23 | maintenance organization regulated under the Health | ||||||
24 | Maintenance Organization Act. | ||||||
25 | "Impaired nurse" means a nurse licensed under this Act who | ||||||
26 | is unable to practice with reasonable skill and safety because |
| |||||||
| |||||||
1 | of a physical or mental disability as evidenced by a written | ||||||
2 | determination or written consent based on clinical evidence, | ||||||
3 | including loss of motor skills, abuse of drugs or alcohol, or a | ||||||
4 | psychiatric disorder, of sufficient degree to diminish his or | ||||||
5 | her ability to deliver competent patient care. | ||||||
6 | "License-pending advanced practice registered nurse" means | ||||||
7 | a registered professional nurse who has completed all | ||||||
8 | requirements for licensure as an advanced practice registered | ||||||
9 | nurse except the certification examination and has applied to | ||||||
10 | take the next available certification exam and received a | ||||||
11 | temporary permit license from the Department. | ||||||
12 | "License-pending registered nurse" means a person who has | ||||||
13 | passed the Department-approved registered nurse licensure exam | ||||||
14 | and has applied for a license from the Department. A | ||||||
15 | license-pending registered nurse shall use the title "RN lic | ||||||
16 | pend" on all documentation related to nursing practice. | ||||||
17 | "Physician" means a person licensed to practice medicine in | ||||||
18 | all its branches under the Medical Practice Act of 1987. | ||||||
19 | "Podiatric physician" means a person licensed to practice | ||||||
20 | podiatry under the Podiatric Medical Practice Act of 1987.
| ||||||
21 | "Practical nurse" or "licensed practical nurse" means a | ||||||
22 | person who is
licensed as a practical nurse under this Act and | ||||||
23 | practices practical
nursing as defined in this Act. Only a | ||||||
24 | practical nurse
licensed under this Act is entitled to use the | ||||||
25 | title "licensed practical
nurse" and the abbreviation | ||||||
26 | "L.P.N.".
|
| |||||||
| |||||||
1 | "Practical nursing" means the performance of
nursing acts | ||||||
2 | requiring the basic nursing knowledge, judgment, and skill
| ||||||
3 | acquired by means of completion of an approved practical | ||||||
4 | nursing education
program. Practical nursing includes | ||||||
5 | assisting in the nursing process as
delegated by a registered | ||||||
6 | professional nurse or an advanced practice registered nurse. | ||||||
7 | The
practical nurse may work under the direction of a licensed | ||||||
8 | physician, dentist, podiatric physician, or other health care | ||||||
9 | professional determined by the Department.
| ||||||
10 | "Privileged" means the authorization granted by the | ||||||
11 | governing body of a healthcare facility, agency, or | ||||||
12 | organization to provide specific patient care services within | ||||||
13 | well-defined limits, based on qualifications reviewed in the | ||||||
14 | credentialing process.
| ||||||
15 | "Registered Nurse" or "Registered Professional Nurse" | ||||||
16 | means a person
who is licensed as a professional nurse under | ||||||
17 | this Act and practices
nursing as defined in
this Act. Only a | ||||||
18 | registered
nurse licensed under this Act is entitled to use the
| ||||||
19 | titles "registered nurse" and "registered professional nurse" | ||||||
20 | and the
abbreviation, "R.N.".
| ||||||
21 | "Registered professional nursing practice" is a scientific | ||||||
22 | process founded on a professional body of knowledge; it is a | ||||||
23 | learned profession based on the understanding of the human | ||||||
24 | condition across the life span and environment and
includes all
| ||||||
25 | nursing
specialties and means the performance of any nursing | ||||||
26 | act based upon
professional knowledge, judgment, and skills |
| |||||||
| |||||||
1 | acquired by means of completion
of an approved professional | ||||||
2 | nursing education program. A registered
professional nurse | ||||||
3 | provides holistic nursing care through the nursing process
to | ||||||
4 | individuals, groups, families, or communities, that includes | ||||||
5 | but is not
limited to: (1) the assessment of healthcare needs, | ||||||
6 | nursing diagnosis,
planning, implementation, and nursing | ||||||
7 | evaluation; (2) the promotion,
maintenance, and restoration of | ||||||
8 | health; (3) counseling, patient education,
health education, | ||||||
9 | and patient advocacy; (4) the administration of medications
and | ||||||
10 | treatments as prescribed by a physician licensed to practice | ||||||
11 | medicine in
all of its branches, a licensed dentist, a licensed | ||||||
12 | podiatric physician, or a licensed
optometrist or as prescribed | ||||||
13 | by a physician assistant
or by an advanced practice registered | ||||||
14 | nurse; (5) the
coordination and management of the nursing plan | ||||||
15 | of care; (6) the delegation to
and supervision of individuals | ||||||
16 | who assist the registered professional nurse
implementing the | ||||||
17 | plan of care; and (7) teaching nursing
students. The foregoing | ||||||
18 | shall not be deemed to include
those acts of medical diagnosis | ||||||
19 | or prescription of therapeutic or
corrective measures.
| ||||||
20 | "Professional assistance program for nurses" means a | ||||||
21 | professional
assistance program that meets criteria | ||||||
22 | established by the Board of Nursing
and approved by the | ||||||
23 | Secretary, which provides a non-disciplinary treatment
| ||||||
24 | approach for nurses licensed under this Act whose ability to | ||||||
25 | practice is
compromised by alcohol or chemical substance | ||||||
26 | addiction.
|
| |||||||
| |||||||
1 | "Secretary" means the Secretary of Financial and | ||||||
2 | Professional Regulation. | ||||||
3 | "Unencumbered license" means a license issued in good | ||||||
4 | standing. | ||||||
5 | "Written collaborative agreement" means a written | ||||||
6 | agreement between an advanced practice registered nurse and a | ||||||
7 | collaborating physician, dentist, or podiatric physician | ||||||
8 | pursuant to Section 65-35.
| ||||||
9 | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15; | ||||||
10 | 99-330, eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
11 | (225 ILCS 65/50-13 new) | ||||||
12 | Sec. 50-13. Address of record; email address of record. All | ||||||
13 | applicants and licensees shall: | ||||||
14 | (1) provide a valid address and email address to the | ||||||
15 | Department, which shall serve as the address of record and | ||||||
16 | email address of record, respectively, at the time of | ||||||
17 | application for licensure or renewal of a license; and | ||||||
18 | (2) inform the Department of any change of address of | ||||||
19 | record or email address of record within 14 days after such | ||||||
20 | change either through the Department's website or by | ||||||
21 | contacting the Department's licensure maintenance unit.
| ||||||
22 | (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
24 | Sec. 50-15. Policy; application of Act. |
| |||||||
| |||||||
1 | (a) For the protection of life and the
promotion of health, | ||||||
2 | and the prevention of illness and communicable diseases,
any | ||||||
3 | person practicing or offering to practice advanced,
| ||||||
4 | professional, or practical
nursing in Illinois shall submit | ||||||
5 | evidence that he or she is qualified to
practice, and shall be | ||||||
6 | licensed as provided under this Act. No person shall
practice | ||||||
7 | or offer to practice advanced, professional, or practical | ||||||
8 | nursing in Illinois or
use any title, sign, card or device to | ||||||
9 | indicate that such a person is
practicing professional or | ||||||
10 | practical nursing unless such person has been
licensed under | ||||||
11 | the provisions of this Act.
| ||||||
12 | (b) This Act does not prohibit the following:
| ||||||
13 | (1) The practice of nursing in Federal employment in | ||||||
14 | the discharge of the
employee's duties by a person who is | ||||||
15 | employed by the United States
government or any bureau, | ||||||
16 | division or agency thereof and is a legally
qualified and | ||||||
17 | licensed nurse of another state or territory and not in
| ||||||
18 | conflict with Sections 50-50, 55-10, 60-10, and 70-5 of | ||||||
19 | this
Act.
| ||||||
20 | (2) Nursing that is included in the program of study by
| ||||||
21 | students
enrolled in programs of nursing or in current | ||||||
22 | nurse practice update courses
approved by the Department.
| ||||||
23 | (3) The furnishing of nursing assistance in an | ||||||
24 | emergency.
| ||||||
25 | (4) The practice of nursing by a nurse who holds an | ||||||
26 | active license in
another state when providing services to |
| |||||||
| |||||||
1 | patients in Illinois during a bonafide
emergency or in | ||||||
2 | immediate preparation for or during interstate
transit.
| ||||||
3 | (5) The incidental care of the sick by members of the | ||||||
4 | family, domestic
servants or housekeepers, or care of the | ||||||
5 | sick where treatment is by prayer
or spiritual means.
| ||||||
6 | (6) Persons from being employed as unlicensed | ||||||
7 | assistive personnel in private homes, long term care | ||||||
8 | facilities,
nurseries, hospitals or other institutions.
| ||||||
9 | (7) The practice of practical nursing by one who is a | ||||||
10 | licensed practical
nurse under the laws of another U.S. | ||||||
11 | jurisdiction and has applied in writing
to the Department, | ||||||
12 | in form and substance satisfactory to the Department,
for a | ||||||
13 | license as a licensed practical nurse and who is qualified | ||||||
14 | to receive
such license under this Act, until (i) the | ||||||
15 | expiration of 6 months after
the filing of such written | ||||||
16 | application, (ii) the withdrawal of such application,
or | ||||||
17 | (iii) the denial of such application by the Department.
| ||||||
18 | (8) The practice of advanced practice registered | ||||||
19 | nursing by one who is an advanced practice registered nurse | ||||||
20 | under the laws of another state, territory of the United | ||||||
21 | States jurisdiction or a foreign jurisdiction , or country | ||||||
22 | and has applied in writing to the Department, in form and | ||||||
23 | substance satisfactory to the Department, for a license as | ||||||
24 | an advanced practice registered nurse and who is qualified | ||||||
25 | to receive such license under this Act, until (i) the | ||||||
26 | expiration of 6 months after the filing of such written |
| |||||||
| |||||||
1 | application, (ii) the withdrawal of such application, or | ||||||
2 | (iii) the denial of such application by the Department.
| ||||||
3 | (9) The practice of professional nursing by one who is | ||||||
4 | a registered
professional nurse under the laws of another | ||||||
5 | state, territory of the United
States jurisdiction or a | ||||||
6 | foreign jurisdiction or country and has applied in writing | ||||||
7 | to the Department, in form and
substance satisfactory to | ||||||
8 | the Department, for a license as a registered
professional | ||||||
9 | nurse and who is qualified to receive such license under
| ||||||
10 | Section 55-10, until (1) the expiration of 6 months after | ||||||
11 | the filing of
such written application, (2) the withdrawal | ||||||
12 | of such application, or (3)
the denial of such application | ||||||
13 | by the Department.
| ||||||
14 | (10) The practice of professional nursing that is | ||||||
15 | included in a program of
study by one who is a registered | ||||||
16 | professional nurse under the laws of
another state or | ||||||
17 | territory of the United States jurisdiction or a foreign | ||||||
18 | jurisdiction country,
territory or province and who is | ||||||
19 | enrolled in a graduate nursing education
program or a | ||||||
20 | program for the completion of a baccalaureate nursing | ||||||
21 | degree in
this State, which includes clinical supervision | ||||||
22 | by faculty as
determined by the educational institution | ||||||
23 | offering the program and the
health care organization where | ||||||
24 | the practice of nursing occurs.
| ||||||
25 | (11) Any person licensed in this State under any other | ||||||
26 | Act from engaging
in the practice for which she or he is |
| |||||||
| |||||||
1 | licensed.
| ||||||
2 | (12) Delegation to authorized direct care staff | ||||||
3 | trained under Section 15.4
of the Mental Health and
| ||||||
4 | Developmental Disabilities Administrative Act consistent | ||||||
5 | with the policies of the Department.
| ||||||
6 | (13) (Blank). The practice, services, or activities of | ||||||
7 | persons practicing the specified occupations set forth in | ||||||
8 | subsection (a) of, and pursuant to a licensing exemption | ||||||
9 | granted in subsection (b) or (d) of, Section 2105-350 of | ||||||
10 | the Department of Professional Regulation Law of the Civil | ||||||
11 | Administrative Code of Illinois, but only for so long as | ||||||
12 | the 2016 Olympic and Paralympic Games Professional | ||||||
13 | Licensure Exemption Law is operable. | ||||||
14 | (14) County correctional personnel from delivering | ||||||
15 | prepackaged medication for self-administration to an | ||||||
16 | individual detainee in a correctional facility. | ||||||
17 | Nothing in this Act shall be construed to limit the | ||||||
18 | delegation of tasks or duties by a physician, dentist, or | ||||||
19 | podiatric physician to a licensed practical nurse, a registered | ||||||
20 | professional nurse, or other persons.
| ||||||
21 | (Source: P.A. 98-214, eff. 8-9-13.)
| ||||||
22 | (225 ILCS 65/50-20)
(was 225 ILCS 65/5-20)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
24 | Sec. 50-20. Unlicensed practice; violation; civil penalty.
| ||||||
25 | (a) In addition to any other penalty provided by law, any |
| |||||||
| |||||||
1 | Any person who practices, offers to practice, attempts to | ||||||
2 | practice, or
holds oneself out to practice nursing without | ||||||
3 | being licensed under this Act
shall, in
addition to any other | ||||||
4 | penalty provided by law, pay a civil penalty to the
Department | ||||||
5 | in an amount not to exceed $10,000 for each offense as | ||||||
6 | determined by
the Department. The civil penalty shall be | ||||||
7 | assessed by the Department after a
hearing is held in | ||||||
8 | accordance with the provisions set forth in this Act
regarding | ||||||
9 | the provision of a hearing for the discipline of a licensee.
| ||||||
10 | (b) The Department has the authority and power to | ||||||
11 | investigate any and all
unlicensed activity.
| ||||||
12 | (c) The civil penalty shall be paid within 60 days after | ||||||
13 | the effective date
of the order imposing the civil penalty. The | ||||||
14 | order shall constitute a judgment
and may be filed and | ||||||
15 | execution had thereon in the same manner as any judgment
from | ||||||
16 | any court of record.
| ||||||
17 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
18 | (225 ILCS 65/50-26 new) | ||||||
19 | Sec. 50-26. Application for license. Applications for | ||||||
20 | licenses shall be made to the Department on forms prescribed by | ||||||
21 | the Department and accompanied by the required fee. All | ||||||
22 | applications shall contain the information that, in the | ||||||
23 | judgment of the Department, will enable the Department to pass | ||||||
24 | on the qualifications of the applicant for a license under this | ||||||
25 | Act. |
| |||||||
| |||||||
1 | If an applicant fails to obtain a license under this Act | ||||||
2 | within 3 years after filing his or her application, the | ||||||
3 | application shall be denied. The applicant may make a new | ||||||
4 | application, which shall be accompanied by the required | ||||||
5 | nonrefundable fee. The applicant shall be required to meet the | ||||||
6 | qualifications required for licensure at the time of | ||||||
7 | reapplication.
| ||||||
8 | (225 ILCS 65/50-50)
(was 225 ILCS 65/10-5)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
10 | Sec. 50-50. Prohibited acts.
| ||||||
11 | (a) No person shall:
| ||||||
12 | (1) Practice as an advanced practice registered nurse | ||||||
13 | without a valid license as an advanced practice registered | ||||||
14 | nurse, except as provided in Section 50-15 of this Act;
| ||||||
15 | (2) Practice professional nursing without a valid | ||||||
16 | license as a registered
professional nurse except as | ||||||
17 | provided in Section
50-15 of
this Act;
| ||||||
18 | (3) Practice practical nursing without a valid license | ||||||
19 | as a licensed
practical nurse or practice practical | ||||||
20 | nursing, except as provided in
Section 50-15 of this Act;
| ||||||
21 | (4) Practice nursing under cover of any diploma, | ||||||
22 | license, or record
illegally or fraudulently obtained or | ||||||
23 | signed or issued unlawfully or under
fraudulent | ||||||
24 | representation;
| ||||||
25 | (5) Practice nursing during the time her or his license |
| |||||||
| |||||||
1 | is suspended,
revoked, expired , or on inactive status;
| ||||||
2 | (6) Use any words, abbreviations, figures, letters, | ||||||
3 | title, sign, card, or
device tending to imply that she or | ||||||
4 | he is a registered professional nurse,
including the titles | ||||||
5 | or initials, "Nurse , " , "Registered Nurse , " , "Professional | ||||||
6 | Nurse , " ,
"Registered Professional Nurse , " , "Certified | ||||||
7 | Nurse , " , "Trained Nurse , " ,
"Graduate Nurse , " , "P.N. , " , or | ||||||
8 | "R.N. , " , or "R.P.N." or similar titles or
initials with | ||||||
9 | intention of indicating practice without a valid license as | ||||||
10 | a
registered professional nurse;
| ||||||
11 | (7) Use any words, abbreviations, figures, letters, | ||||||
12 | titles, signs, cards, or devices tending to imply that she | ||||||
13 | or he is an advanced practice registered nurse, including | ||||||
14 | the titles or initials "Advanced Practice Registered | ||||||
15 | Nurse", "A.P.R.N." "A.P.N." , or similar titles or | ||||||
16 | initials, with the intention of indicating practice as an | ||||||
17 | advanced practice registered nurse without a valid license | ||||||
18 | as an advanced practice registered nurse under this Act. | ||||||
19 | For purposes of this provision, the terms "advanced | ||||||
20 | practice nurse" and "A.P.N." are considered to be similar | ||||||
21 | titles or initials protected by this subsection (a).
| ||||||
22 | (8) Use any words, abbreviations figures, letters, | ||||||
23 | title, sign, card, or
device tending to imply that she or | ||||||
24 | he is a licensed practical nurse
including the titles or | ||||||
25 | initials "Practical Nurse , " , "Licensed Practical
Nurse , " , | ||||||
26 | "P.N. , " , or "L.P.N. , " , or similar titles or initials with |
| |||||||
| |||||||
1 | intention
of indicated practice as a licensed practical | ||||||
2 | nurse without a valid license
as a licensed practical nurse | ||||||
3 | under this Act;
| ||||||
4 | (9) Advertise services regulated under this Act | ||||||
5 | without including in
every
advertisement his or her title | ||||||
6 | as it appears on the license or the initials
authorized | ||||||
7 | under this Act;
| ||||||
8 | (10) Obtain or furnish a license by or for money or any | ||||||
9 | other thing of value
other than the fees required under | ||||||
10 | this Act, or by any fraudulent
representation or act;
| ||||||
11 | (11) Make any willfully wilfully false oath or | ||||||
12 | affirmation required by this Act;
| ||||||
13 | (12) Conduct a nursing education program preparing | ||||||
14 | persons for licensure
that has not been approved by the | ||||||
15 | Department;
| ||||||
16 | (13) Represent that any school or course is approved or | ||||||
17 | accredited as a
school or course for the education of | ||||||
18 | registered professional nurses or
licensed practical | ||||||
19 | nurses unless such school or course is approved by the
| ||||||
20 | Department under the provisions of this Act;
| ||||||
21 | (14) Attempt or offer to do any of the acts enumerated | ||||||
22 | in this Section, or
knowingly aid, abet, assist in the | ||||||
23 | doing of any such acts or in the
attempt or offer to do any | ||||||
24 | of such acts;
| ||||||
25 | (15) Employ persons not licensed under this Act to | ||||||
26 | practice
professional nursing or practical nursing; and
|
| |||||||
| |||||||
1 | (16) (Blank); Otherwise intentionally violate any | ||||||
2 | provision of this Act.
| ||||||
3 | (17) Retaliate against any nurse who reports unsafe, | ||||||
4 | unethical, or illegal health care practices or | ||||||
5 | conditions ; . | ||||||
6 | (18) Be deemed a supervisor when delegating nursing | ||||||
7 | activities or tasks as authorized under this Act ; and | ||||||
8 | (19) Otherwise intentionally violate any provision of | ||||||
9 | this Act .
| ||||||
10 | (b) Any person, including a firm, association , or | ||||||
11 | corporation who violates any
provision of this Section shall be | ||||||
12 | guilty of a Class A misdemeanor.
| ||||||
13 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
14 | (225 ILCS 65/50-55)
(was 225 ILCS 65/10-10)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
16 | Sec. 50-55. Department powers and duties. Subject to the | ||||||
17 | provisions of this Act, the (a) The Department is authorized to | ||||||
18 | shall exercise the following functions, powers , and duties :
| ||||||
19 | prescribed by the Civil Administrative Code of Illinois for | ||||||
20 | administration
of licensing acts and shall exercise other | ||||||
21 | powers and duties necessary
for effectuating the purpose of | ||||||
22 | this Act. None of the functions, powers, or
duties of the | ||||||
23 | Department with respect to licensure and examination shall
be | ||||||
24 | exercised by the Department except upon review by the Board. | ||||||
25 | (1) Conduct or authorize examinations to ascertain the |
| |||||||
| |||||||
1 | fitness and qualifications of applicants for all licenses | ||||||
2 | governed by this Act, pass upon the qualifications of | ||||||
3 | applicants for licenses, and issue licenses to applicants | ||||||
4 | found to be fit and qualified. | ||||||
5 | (2) Adopt The
Department shall adopt rules required for | ||||||
6 | the administration to implement, interpret, or make | ||||||
7 | specific
the provisions and purposes of this Act , in | ||||||
8 | consultation with ; however no such rules shall
be adopted | ||||||
9 | by the Department except upon review by the Board where | ||||||
10 | necessary .
| ||||||
11 | (3) Prescribe rules for a method of examination of | ||||||
12 | candidates. | ||||||
13 | (4) Prescribe rules defining what constitutes an | ||||||
14 | approved program, school, college, or department of a | ||||||
15 | university, except that no program, school, college, or | ||||||
16 | department of a university that refuses admittance to | ||||||
17 | applicants solely on account of race, color, creed, sex, or | ||||||
18 | national origin shall be approved. | ||||||
19 | (5) Conduct hearings on proceedings to revoke or | ||||||
20 | suspend licenses or on objection to the issuance of | ||||||
21 | licenses and to revoke, suspend, or refuse to issue such | ||||||
22 | licenses. | ||||||
23 | (6) Prepare (b) The Department shall prepare and | ||||||
24 | maintain a list of approved programs of professional
| ||||||
25 | nursing education and programs of practical nursing | ||||||
26 | education in this
State, whose graduates, if they have the |
| |||||||
| |||||||
1 | other necessary qualifications
provided in this Act, shall | ||||||
2 | be eligible to apply for a license to practice
nursing in | ||||||
3 | this State.
| ||||||
4 | (7) Act (c) The Department may act upon the | ||||||
5 | recommendations of the Board of Nursing and the Illinois | ||||||
6 | Nursing Workforce Center for Nursing Advisory Board.
| ||||||
7 | (8) Exercise the powers and duties prescribed by the | ||||||
8 | Civil Administrative Code of Illinois for the | ||||||
9 | administration of licensing Acts. | ||||||
10 | (Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
| ||||||
11 | (225 ILCS 65/50-60)
(was 225 ILCS 65/10-15)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
13 | Sec. 50-60. Nursing Coordinator ; Assistant Nursing | ||||||
14 | Coordinator . The
Secretary shall appoint, pursuant to the | ||||||
15 | Personnel
Code, a Nursing
Coordinator and an Assistant Nursing | ||||||
16 | Coordinator .
The Nursing Coordinator and Assistant Nursing | ||||||
17 | Coordinator shall
be a registered professional nurse nurses | ||||||
18 | licensed
in this State who has have graduated from an approved | ||||||
19 | school of nursing and holds hold at least a
master's degree in | ||||||
20 | nursing from an accredited college or university.
| ||||||
21 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
22 | (225 ILCS 65/50-65)
(was 225 ILCS 65/10-25)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
24 | Sec. 50-65. Board.
|
| |||||||
| |||||||
1 | (a) The The term of each member of the Board of Nursing and | ||||||
2 | the Advanced Practice Nursing Board serving before the | ||||||
3 | effective date of this amendatory Act of the 95th General | ||||||
4 | Assembly shall terminate on the effective date of this | ||||||
5 | amendatory Act of the 95th General Assembly. Beginning on the | ||||||
6 | effective date of this amendatory Act of the 95th General | ||||||
7 | Assembly, the Secretary shall solicit recommendations from | ||||||
8 | nursing organizations and appoint the Board of Nursing, which | ||||||
9 | shall consist of 13 members, one of whom shall be a practical | ||||||
10 | nurse; one of whom shall be a practical nurse educator; one of | ||||||
11 | whom shall be a registered professional nurse in practice; one | ||||||
12 | of whom shall be an associate degree nurse educator; one of | ||||||
13 | whom shall be a baccalaureate degree nurse educator; one of | ||||||
14 | whom shall be a nurse who is actively engaged in direct care; | ||||||
15 | one of whom shall be a registered professional nurse actively | ||||||
16 | engaged in direct care; one of whom shall be a nursing | ||||||
17 | administrator; 4 of whom shall be advanced practice registered | ||||||
18 | nurses representing CNS, CNP, CNM, and CRNA practice; and one | ||||||
19 | of whom shall be a public member who is not employed in and has | ||||||
20 | no material interest in any health care field. The Board shall | ||||||
21 | receive actual and necessary expenses incurred in the | ||||||
22 | performance of their duties. | ||||||
23 | Members of the Board of Nursing and the Advanced Practice | ||||||
24 | Nursing Board whose terms were terminated by this amendatory | ||||||
25 | Act of the 95th General Assembly shall be considered for | ||||||
26 | membership positions on the Board. |
| |||||||
| |||||||
1 | All nursing members of the Board must be (i) residents of | ||||||
2 | this State, (ii) licensed in good standing to practice nursing | ||||||
3 | in this State, (iii) graduates of an approved nursing program, | ||||||
4 | with a minimum of 5 years' years experience in the field of | ||||||
5 | nursing, and (iv) at the time of appointment to the Board, | ||||||
6 | actively engaged in nursing or work related to nursing. | ||||||
7 | Membership terms shall be for 3 years, except that in | ||||||
8 | making initial appointments, the Secretary shall appoint all | ||||||
9 | members for initial terms of 2, 3, and 4 years and these terms | ||||||
10 | shall be staggered as follows: 3 shall be appointed for terms | ||||||
11 | of 2 years; 4 shall be appointed for terms of 3 years; and 6 | ||||||
12 | shall be appointed for terms of 4 years. No member shall be | ||||||
13 | appointed to more than 2 consecutive terms. In the case of a | ||||||
14 | vacated position, an individual may be appointed to serve the | ||||||
15 | unexpired portion of that term; if the term is less than half | ||||||
16 | of a full term, the individual is eligible to serve 2 full | ||||||
17 | terms.
| ||||||
18 | The Secretary may remove any member of the Board for
| ||||||
19 | misconduct,
incapacity, or neglect of duty. The Secretary shall | ||||||
20 | reduce to writing any
causes for removal.
| ||||||
21 | The Board shall meet annually to elect a chairperson and
| ||||||
22 | vice
chairperson. The Board shall hold regularly scheduled | ||||||
23 | meetings during
the year. A simple majority of the
Board shall | ||||||
24 | constitute a quorum at any meeting. Any action
taken by
the | ||||||
25 | Board must be on the affirmative vote of a simple majority of | ||||||
26 | members.
Voting by
proxy shall not be permitted. In the case of |
| |||||||
| |||||||
1 | an emergency where all Board members cannot meet in person, the | ||||||
2 | Board may convene a meeting via an electronic format in | ||||||
3 | accordance with the Open Meetings Act.
| ||||||
4 | (b) The Board may perform each of the following activities:
| ||||||
5 | (1) Recommend to the Department the adoption and the | ||||||
6 | revision of
rules necessary for the administration of this | ||||||
7 | Act;
| ||||||
8 | (2) Recommend the approval, denial of approval, | ||||||
9 | withdrawal of approval,
or discipline of nursing education | ||||||
10 | programs;
| ||||||
11 | (c) The Board shall participate in disciplinary | ||||||
12 | conferences and hearings and make recommendations to the | ||||||
13 | Department regarding disciplinary action taken against a | ||||||
14 | licensee as provided under this Act. Disciplinary conference | ||||||
15 | hearings and proceedings regarding scope of practice issues | ||||||
16 | shall be conducted by a Board member at the same or higher | ||||||
17 | licensure level as the respondent. Participation in an informal | ||||||
18 | conference shall not bar members of the Board from future | ||||||
19 | participation or decisions relating to that matter. | ||||||
20 | (d) (Blank). With the exception of emergency rules, any | ||||||
21 | proposed rules, amendments, second notice materials, and | ||||||
22 | adopted rule or amendment materials or policy statements | ||||||
23 | concerning advanced practice nurses shall be presented to the | ||||||
24 | Medical Licensing Board for review and comment. The | ||||||
25 | recommendations of both the Board of Nursing and the Medical | ||||||
26 | Licensing Board shall be presented to the Secretary for |
| |||||||
| |||||||
1 | consideration in making final decisions. Whenever the Board of | ||||||
2 | Nursing and Medical Licensing Board disagree on a proposed rule | ||||||
3 | or policy, the Secretary shall convene a joint meeting of the | ||||||
4 | officers of each Board to discuss resolution of any | ||||||
5 | disagreements.
| ||||||
6 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
7 | (225 ILCS 65/50-70)
(was 225 ILCS 65/10-35)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
9 | Sec. 50-70. Concurrent theory and clinical practice | ||||||
10 | education
requirements of this Act. The educational | ||||||
11 | requirements of Sections 55-10 and 60-10 of this Act relating | ||||||
12 | to
registered professional nursing and licensed practical | ||||||
13 | nursing
shall not be deemed to have been satisfied by the | ||||||
14 | completion of any online
correspondence course or any program | ||||||
15 | of nursing that does not
require coordinated or concurrent | ||||||
16 | theory and clinical practice.
The Department may, upon | ||||||
17 | recommendation of the Board, grant an Illinois
license to those | ||||||
18 | applicants who have received advanced graduate degrees in
| ||||||
19 | nursing from an approved program with concurrent theory and | ||||||
20 | clinical
practice or to those applicants who are currently | ||||||
21 | licensed in another
state and have been actively practicing | ||||||
22 | clinical nursing for a minimum
of 2 years.
| ||||||
23 | (Source: P.A. 95-639, eff. 10-5-07 .)
| ||||||
24 | (225 ILCS 65/50-75) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
2 | Sec. 50-75. Nursing delegation. | ||||||
3 | (a) For the purposes of this Section: | ||||||
4 | "Delegation" means transferring to an individual the | ||||||
5 | authority to perform a selected nursing activity or task, in a | ||||||
6 | selected situation. | ||||||
7 | "Nursing activity" means any work requiring the use of | ||||||
8 | knowledge acquired by completion of an approved program for | ||||||
9 | licensure, including advanced education, continuing education, | ||||||
10 | and experience as a licensed practical nurse or professional | ||||||
11 | nurse, as defined by the Department by rule. | ||||||
12 | "Task" means work not requiring nursing knowledge, | ||||||
13 | judgment, or decision-making, as defined by the Department by | ||||||
14 | rule. | ||||||
15 | (b) Nursing shall be practiced by licensed practical | ||||||
16 | nurses, registered professional nurses, and advanced practice | ||||||
17 | registered nurses. In the delivery of nursing care, nurses work | ||||||
18 | with many other licensed professionals and other persons. An | ||||||
19 | advanced practice registered nurse may delegate to registered | ||||||
20 | professional nurses, licensed practical nurses, and others | ||||||
21 | persons. | ||||||
22 | (c) A registered professional nurse shall not delegate any | ||||||
23 | nursing activity requiring the specialized knowledge, | ||||||
24 | judgment, and skill of a licensed nurse to an unlicensed | ||||||
25 | person, including medication administration. A registered | ||||||
26 | professional nurse may delegate nursing activities to other |
| |||||||
| |||||||
1 | registered professional nurses or licensed practical nurses. A | ||||||
2 | registered professional nurse may delegate certain nursing | ||||||
3 | activities to a licensed medication aide in accordance with | ||||||
4 | Article 80 of this Act. | ||||||
5 | A registered nurse may delegate tasks to other licensed and | ||||||
6 | unlicensed persons. A licensed practical nurse who has been | ||||||
7 | delegated a nursing activity shall not re-delegate the nursing | ||||||
8 | activity. A registered professional nurse or advanced practice | ||||||
9 | registered nurse retains the right to refuse to delegate or to | ||||||
10 | stop or rescind a previously authorized delegation.
| ||||||
11 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
12 | (225 ILCS 65/55-10)
(was 225 ILCS 65/10-30)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
14 | Sec. 55-10. LPN licensure by examination Qualifications | ||||||
15 | for LPN licensure .
| ||||||
16 | (a) Each applicant who successfully meets the requirements | ||||||
17 | of this Section is eligible for
shall be entitled to licensure | ||||||
18 | as a licensed practical nurse Licensed Practical
Nurse .
| ||||||
19 | (b) An applicant for licensure by examination to practice | ||||||
20 | as a practical nurse is eligible for licensure when the | ||||||
21 | following requirements are met must do each of the following :
| ||||||
22 | (1) the applicant has submitted Submit a completed | ||||||
23 | written application , on forms provided by the
Department | ||||||
24 | and fees as established by the Department ; .
| ||||||
25 | (2) the applicant has Have graduated from a practical |
| |||||||
| |||||||
1 | nursing education program approved by the Department or | ||||||
2 | have been granted a certificate of completion of | ||||||
3 | pre-licensure requirements from another United States | ||||||
4 | jurisdiction ; . | ||||||
5 | (3) the applicant has successfully completed | ||||||
6 | Successfully complete a licensure examination approved by | ||||||
7 | the Department ; .
| ||||||
8 | (4) (blank); Have not violated the provisions of this | ||||||
9 | Act concerning the grounds for disciplinary action. The
| ||||||
10 | Department may take into consideration any felony | ||||||
11 | conviction of the applicant,
but such a conviction shall | ||||||
12 | not operate as an absolute bar to licensure.
| ||||||
13 | (5) the applicant has submitted Submit to the criminal | ||||||
14 | history records check required under Section 50-35 of this | ||||||
15 | Act ; .
| ||||||
16 | (6) the applicant has submitted Submit either to the | ||||||
17 | Department or its designated testing service,
a fee | ||||||
18 | covering the cost of providing the examination. Failure to | ||||||
19 | appear for
the examination on the scheduled date at the | ||||||
20 | time and place specified after the
applicant's application | ||||||
21 | for examination has been received and acknowledged by
the | ||||||
22 | Department or the designated testing service shall result | ||||||
23 | in the forfeiture
of the examination fee ; and .
| ||||||
24 | (7) the applicant has met Meet all other requirements | ||||||
25 | established by rule. | ||||||
26 | An applicant for licensure by examination may take the |
| |||||||
| |||||||
1 | Department-approved examination in another jurisdiction.
| ||||||
2 | (b-5) If an applicant for licensure by examination
| ||||||
3 | neglects, fails, or refuses to take an examination or fails
to | ||||||
4 | pass an examination for a license under this Act within 3 years | ||||||
5 | after filing
the application, the application shall be denied. | ||||||
6 | The applicant must enroll in and complete an approved practical | ||||||
7 | nursing education program prior to submitting an additional | ||||||
8 | application for the licensure exam.
| ||||||
9 | An applicant may take and successfully complete a | ||||||
10 | Department-approved
examination in another jurisdiction. | ||||||
11 | However, an applicant who has never been
licensed previously in | ||||||
12 | any jurisdiction that utilizes a Department-approved
| ||||||
13 | examination and who has taken and failed to
pass the | ||||||
14 | examination within 3 years after filing the application must | ||||||
15 | submit
proof of successful completion of a | ||||||
16 | Department-authorized nursing education
program or | ||||||
17 | recompletion of an approved
licensed
practical nursing program | ||||||
18 | prior to re-application.
| ||||||
19 | (c) An applicant for licensure by examination shall have | ||||||
20 | one year from the date of notification of successful
completion | ||||||
21 | of the examination to apply to the Department for a license. If | ||||||
22 | an
applicant fails to apply within one year, the applicant | ||||||
23 | shall be required to
retake and pass the examination unless | ||||||
24 | licensed in another jurisdiction of
the United States.
| ||||||
25 | (d) A licensed practical nurse applicant who passes the | ||||||
26 | Department-approved licensure examination and has applied to |
| |||||||
| |||||||
1 | the Department for licensure may obtain employment as a | ||||||
2 | license-pending practical nurse and practice as delegated by a | ||||||
3 | registered professional nurse or an advanced practice | ||||||
4 | registered nurse or physician. An individual may be employed as | ||||||
5 | a license-pending practical nurse if all of the following | ||||||
6 | criteria are met: | ||||||
7 | (1) He or she has completed and passed the | ||||||
8 | Department-approved licensure exam and presents to the | ||||||
9 | employer the official written notification indicating | ||||||
10 | successful passage of the licensure examination. | ||||||
11 | (2) He or she has completed and submitted to the | ||||||
12 | Department an application for licensure under this Section | ||||||
13 | as a practical nurse. | ||||||
14 | (3) He or she has submitted the required licensure fee. | ||||||
15 | (4) He or she has met all other requirements | ||||||
16 | established by rule, including having submitted to a | ||||||
17 | criminal history records check. | ||||||
18 | (e) The privilege to practice as a license-pending | ||||||
19 | practical nurse shall terminate with the occurrence of any of | ||||||
20 | the following: | ||||||
21 | (1) Three months have passed since the official date of | ||||||
22 | passing the licensure exam as inscribed on the formal | ||||||
23 | written notification indicating passage of the exam. This | ||||||
24 | 3-month period may be extended as determined by rule. | ||||||
25 | (2) Receipt of the practical nurse license from the | ||||||
26 | Department. |
| |||||||
| |||||||
1 | (3) Notification from the Department that the | ||||||
2 | application for licensure has been denied. | ||||||
3 | (4) A request by the Department that the individual | ||||||
4 | terminate practicing as a license-pending practical nurse | ||||||
5 | until an official decision is made by the Department to | ||||||
6 | grant or deny a practical nurse license.
| ||||||
7 | (f) (Blank). An applicant for licensure by endorsement who | ||||||
8 | is a licensed practical nurse licensed by examination
under the | ||||||
9 | laws of another state or territory of the United States or a
| ||||||
10 | foreign country, jurisdiction, territory, or province must do | ||||||
11 | each of the following:
| ||||||
12 | (1) Submit a completed written application, on forms | ||||||
13 | supplied by the
Department, and fees as established by the | ||||||
14 | Department.
| ||||||
15 | (2) Have graduated from a practical nursing education | ||||||
16 | program approved by the Department.
| ||||||
17 | (3) Submit verification of licensure status directly | ||||||
18 | from the United
States jurisdiction of licensure, if | ||||||
19 | applicable, as defined by rule.
| ||||||
20 | (4) Submit to the criminal history records check | ||||||
21 | required under Section 50-35 of this Act.
| ||||||
22 | (5) Meet all other requirements as established by the | ||||||
23 | Department by rule.
| ||||||
24 | (g) All applicants for practical nurse licensure by | ||||||
25 | examination or endorsement
who are graduates
of nursing | ||||||
26 | educational programs in a country other than the United States |
| |||||||
| |||||||
1 | or
its territories shall have their nursing education | ||||||
2 | credentials evaluated by a Department-approved nursing | ||||||
3 | credentialing evaluation service. No such applicant may be | ||||||
4 | issued a license under this Act unless the applicant's program | ||||||
5 | is deemed by the nursing credentialing evaluation service to be | ||||||
6 | equivalent to a professional nursing education program | ||||||
7 | approved by the Department. An applicant who has graduated from | ||||||
8 | a nursing educational program outside of the United States or | ||||||
9 | its territories and whose first language is not English shall | ||||||
10 | submit evidence of English proficiency certification of | ||||||
11 | passage of the Test of English as a Foreign Language (TOEFL) , | ||||||
12 | as defined by rule. The Department may, upon recommendation | ||||||
13 | from the nursing evaluation service, waive the requirement that | ||||||
14 | the applicant pass the TOEFL examination if the applicant | ||||||
15 | submits verification of the successful completion of a nursing | ||||||
16 | education program conducted in English. The requirements of | ||||||
17 | this subsection (d) may be satisfied by the showing of proof of | ||||||
18 | a certificate from the Certificate Program or the VisaScreen | ||||||
19 | Program of the Commission on Graduates of Foreign Nursing | ||||||
20 | Schools.
| ||||||
21 | (h) (Blank). An applicant licensed in another state or | ||||||
22 | territory who is applying for
licensure and has received her or | ||||||
23 | his education in a country other than the
United States or its | ||||||
24 | territories shall have her or his nursing education credentials | ||||||
25 | evaluated by a Department-approved nursing credentialing | ||||||
26 | evaluation service. No such applicant may be issued a license |
| |||||||
| |||||||
1 | under this Act unless the applicant's program is deemed by the | ||||||
2 | nursing credentialing evaluation service to be equivalent to a | ||||||
3 | professional nursing education program approved by the | ||||||
4 | Department. An applicant who has graduated from a nursing | ||||||
5 | educational program outside of the United States or its | ||||||
6 | territories and whose first language is not English shall | ||||||
7 | submit certification of passage of the Test of English as a | ||||||
8 | Foreign Language (TOEFL), as defined by rule. The Department | ||||||
9 | may, upon recommendation from the nursing evaluation service, | ||||||
10 | waive the requirement that the applicant pass the TOEFL | ||||||
11 | examination if the applicant submits verification of the | ||||||
12 | successful completion of a nursing education program conducted | ||||||
13 | in English or the successful passage of an approved licensing | ||||||
14 | examination given in English. The requirements of this | ||||||
15 | subsection (d-5) may be satisfied by the showing of proof of a | ||||||
16 | certificate from the Certificate Program or the VisaScreen | ||||||
17 | Program of the Commission on Graduates of Foreign Nursing | ||||||
18 | Schools.
| ||||||
19 | (i) (Blank). A licensed practical nurse who holds an
| ||||||
20 | unencumbered license in good
standing in another United States
| ||||||
21 | jurisdiction and who has applied for practical nurse licensure | ||||||
22 | under this Act by endorsement may be issued a temporary | ||||||
23 | license, if satisfactory proof of such licensure in another | ||||||
24 | jurisdiction is presented to the Department. The
Department | ||||||
25 | shall not issue an applicant a temporary practical nurse | ||||||
26 | license until it is satisfied that
the applicant holds an |
| |||||||
| |||||||
1 | active,
unencumbered license in good standing in another | ||||||
2 | jurisdiction. If the applicant holds more than one current | ||||||
3 | active license or one or more active temporary licenses from | ||||||
4 | another jurisdiction, the Department may not issue a temporary | ||||||
5 | license until the Department is satisfied that each current | ||||||
6 | active license held by the applicant is unencumbered. The
| ||||||
7 | temporary license, which shall be issued no later than 14 | ||||||
8 | working days
following receipt by the Department of an | ||||||
9 | application for the temporary
license, shall be granted upon | ||||||
10 | the submission of all of the following to the
Department:
| ||||||
11 | (1) A completed application for licensure as a | ||||||
12 | practical nurse.
| ||||||
13 | (2) Proof of a current, active license in at least one | ||||||
14 | other jurisdiction
of the United States and proof that each | ||||||
15 | current active license or temporary license held by the
| ||||||
16 | applicant within the last 5 years is unencumbered.
| ||||||
17 | (3) A signed and completed application for a temporary | ||||||
18 | license.
| ||||||
19 | (4) The required temporary license fee.
| ||||||
20 | (j) (Blank). The Department may refuse to issue an | ||||||
21 | applicant a temporary
license authorized pursuant to this | ||||||
22 | Section if, within 14 working days
following its receipt of an | ||||||
23 | application for a temporary license, the
Department determines | ||||||
24 | that:
| ||||||
25 | (1) the applicant has been convicted of a crime under | ||||||
26 | the laws of a
jurisdiction of the United States that is: |
| |||||||
| |||||||
1 | (i) a felony; or (ii) a
misdemeanor directly related to the | ||||||
2 | practice of the profession, within the last
5 years;
| ||||||
3 | (2) the applicant has had a license or permit
related | ||||||
4 | to the practice of practical
nursing revoked, suspended, or | ||||||
5 | placed on probation
by
another jurisdiction within the last | ||||||
6 | 5 years and at least one of the grounds for revoking, | ||||||
7 | suspending,
or placing on probation is the same or | ||||||
8 | substantially equivalent to grounds in
Illinois; or
| ||||||
9 | (3) the Department intends to deny licensure by | ||||||
10 | endorsement.
| ||||||
11 | (k) (Blank). The Department may revoke a temporary license | ||||||
12 | issued pursuant to this
Section if it determines any of the | ||||||
13 | following:
| ||||||
14 | (1) That the applicant has been convicted of a crime | ||||||
15 | under
the law of any jurisdiction of the United States that | ||||||
16 | is (i) a felony or
(ii) a misdemeanor directly related to | ||||||
17 | the practice of the profession,
within the last 5 years.
| ||||||
18 | (2) That within the last 5 years the applicant has had | ||||||
19 | a
license or permit related to the practice of nursing | ||||||
20 | revoked, suspended, or
placed on probation by another | ||||||
21 | jurisdiction, and at least one of the grounds for
revoking, | ||||||
22 | suspending, or placing on probation is the same or | ||||||
23 | substantially
equivalent to grounds for disciplinary | ||||||
24 | action under this Act.
| ||||||
25 | (3) That the Department intends to deny licensure by | ||||||
26 | endorsement.
|
| |||||||
| |||||||
1 | (l) (Blank). A temporary license shall expire 6 months from | ||||||
2 | the date of issuance.
Further renewal may be granted by the | ||||||
3 | Department in hardship cases, as defined
by rule and upon | ||||||
4 | approval of the Secretary. However, a temporary license shall
| ||||||
5 | automatically expire upon issuance of a valid
license under | ||||||
6 | this Act or upon notification
that the Department intends to | ||||||
7 | deny licensure, whichever occurs first.
| ||||||
8 | (m) All applicants for practical nurse licensure have 3 | ||||||
9 | years from the date of application to complete the
application | ||||||
10 | process. If the process has not been completed within 3 years | ||||||
11 | from
the date of application, the application shall be denied, | ||||||
12 | the fee forfeited,
and the applicant must reapply and meet the | ||||||
13 | requirements in effect at the time
of reapplication.
| ||||||
14 | (Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07; | ||||||
15 | 95-639, eff. 10-5-07.)
| ||||||
16 | (225 ILCS 65/55-11 new) | ||||||
17 | Sec. 55-11. LPN licensure by endorsement. | ||||||
18 | (a) Each applicant who successfully meets the requirements | ||||||
19 | of this Section is eligible for licensure as a licensed | ||||||
20 | practical nurse. | ||||||
21 | (b) An applicant for licensure by endorsement who is a | ||||||
22 | licensed practical nurse licensed by examination under the laws | ||||||
23 | of another United States jurisdiction or a foreign jurisdiction | ||||||
24 | is eligible for licensure when the following requirements are | ||||||
25 | met: |
| |||||||
| |||||||
1 | (1) the applicant has submitted a completed written | ||||||
2 | application on forms supplied by the Department and fees as | ||||||
3 | established by the Department; | ||||||
4 | (2) the applicant has graduated from a practical | ||||||
5 | nursing education program approved by the Department; | ||||||
6 | (3) the applicant has been issued an LPN license by | ||||||
7 | another United States or foreign jurisdiction, which shall | ||||||
8 | be verified, as defined by rule; | ||||||
9 | (4) the applicant has submitted to the criminal history | ||||||
10 | records check required under Section 50-35 of this Act; and | ||||||
11 | (5) the applicant has met all other requirements as | ||||||
12 | established by the Department by rule. | ||||||
13 | (c) An applicant licensed in another state or territory who | ||||||
14 | is applying for licensure and has received her or his education | ||||||
15 | in a country other than the United States or its territories | ||||||
16 | shall have her or his nursing education credentials evaluated | ||||||
17 | by a Department-approved nursing credentialing evaluation | ||||||
18 | service. No such applicant may be issued a license under this | ||||||
19 | Act unless the applicant's program is deemed by the nursing | ||||||
20 | credentialing evaluation service to be equivalent to a | ||||||
21 | professional nursing education program approved by the | ||||||
22 | Department. An applicant who has graduated from a nursing | ||||||
23 | education program outside of the United States or its | ||||||
24 | territories and whose first language is not English shall | ||||||
25 | submit evidence of English proficiency, as defined by rule. | ||||||
26 | (d) A licensed practical nurse who holds an unencumbered |
| |||||||
| |||||||
1 | license in good standing in another United States jurisdiction | ||||||
2 | and who has applied for practical nurse licensure under this | ||||||
3 | Act by endorsement may be issued a temporary permit if | ||||||
4 | satisfactory proof of such licensure in another jurisdiction is | ||||||
5 | presented to the Department. The Department shall not issue an | ||||||
6 | applicant a temporary practical nurse permit until it is | ||||||
7 | satisfied that the applicant holds an active, unencumbered | ||||||
8 | license in good standing in another jurisdiction. If the | ||||||
9 | applicant holds more than one current active license or one or | ||||||
10 | more active temporary permits from another jurisdiction, the | ||||||
11 | Department may not issue a temporary permit until the | ||||||
12 | Department is satisfied that each current active license held | ||||||
13 | by the applicant is unencumbered. The temporary permit, which | ||||||
14 | shall be issued no later than 14 working days following receipt | ||||||
15 | by the Department of an application for the temporary permit, | ||||||
16 | shall be granted upon the submission of all of the following to | ||||||
17 | the Department: | ||||||
18 | (1) a completed application for licensure as a | ||||||
19 | practical nurse; | ||||||
20 | (2) proof of a current, active license in at least one | ||||||
21 | other jurisdiction of the United States and proof that each | ||||||
22 | current active license or temporary permit held by the | ||||||
23 | applicant within the last 5 years is unencumbered; | ||||||
24 | (3) a signed and completed application for a temporary | ||||||
25 | permit; and | ||||||
26 | (4) the required temporary permit fee. |
| |||||||
| |||||||
1 | (e) The Department may refuse to issue an applicant a | ||||||
2 | temporary permit authorized pursuant to this Section if, within | ||||||
3 | 14 working days following its receipt of an application for a | ||||||
4 | temporary permit, the Department determines that: | ||||||
5 | (1) the applicant has been convicted of a crime under | ||||||
6 | the laws of a jurisdiction of the United States that is: | ||||||
7 | (i) a felony; or (ii) a misdemeanor directly related to the | ||||||
8 | practice of the profession, within the last 5 years; | ||||||
9 | (2) the applicant has had a license or permit related | ||||||
10 | to the practice of practical nursing revoked, suspended, or | ||||||
11 | placed on probation by another jurisdiction within the last | ||||||
12 | 5 years and at least one of the grounds for revoking, | ||||||
13 | suspending, or placing on probation is the same or | ||||||
14 | substantially equivalent to grounds in Illinois; or | ||||||
15 | (3) the Department intends to deny licensure by | ||||||
16 | endorsement. | ||||||
17 | (f) The Department may revoke a temporary permit issued | ||||||
18 | pursuant to this Section if it determines that: | ||||||
19 | (1) the applicant has been convicted of a crime under | ||||||
20 | the law of any jurisdiction of the United States that is | ||||||
21 | (i) a felony or (ii) a misdemeanor directly related to the | ||||||
22 | practice of the profession, within the last 5 years; | ||||||
23 | (2) within the last 5 years the applicant has had a | ||||||
24 | license or permit related to the practice of nursing | ||||||
25 | revoked, suspended, or placed on probation by another | ||||||
26 | jurisdiction, and at least one of the grounds for revoking, |
| |||||||
| |||||||
1 | suspending, or placing on probation is the same or | ||||||
2 | substantially equivalent to grounds for disciplinary | ||||||
3 | action under this Act; or | ||||||
4 | (3) the Department intends to deny licensure by | ||||||
5 | endorsement. | ||||||
6 | (g) A temporary permit shall expire 6 months after the date | ||||||
7 | of issuance. Further renewal may be granted by the Department | ||||||
8 | in hardship cases, as defined by rule and upon approval of the | ||||||
9 | Secretary. However, a temporary permit shall automatically | ||||||
10 | expire upon issuance of a valid license under this Act or upon | ||||||
11 | notification that the Department intends to deny licensure, | ||||||
12 | whichever occurs first. | ||||||
13 | (h) All applicants for practical nurse licensure have 3 | ||||||
14 | years after the date of application to complete the application | ||||||
15 | process. If the process has not been completed within 3 years | ||||||
16 | after the date of application, the application shall be denied, | ||||||
17 | the fee forfeited, and the applicant must reapply and meet the | ||||||
18 | requirements in effect at the time of reapplication. | ||||||
19 | (225 ILCS 65/55-20) | ||||||
20 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
21 | Sec. 55-20. Restoration of LPN license; temporary permit. | ||||||
22 | (a) Any license to practice practical nursing issued under | ||||||
23 | this Act that has expired or that is on inactive status may be | ||||||
24 | restored by making application to the Department and filing | ||||||
25 | proof of fitness acceptable to the Department, as specified by |
| |||||||
| |||||||
1 | rule, to have the license restored, and by paying the required | ||||||
2 | restoration fee. Such proof of fitness may include evidence | ||||||
3 | certifying active lawful practice in another jurisdiction. | ||||||
4 | (b) A practical nurse licensee seeking restoration of a | ||||||
5 | license after it has expired or been placed on inactive status | ||||||
6 | for more than 5 years shall file an application, on forms | ||||||
7 | supplied by the Department, and submit the restoration or | ||||||
8 | renewal fees set forth by the Department. The licensee must | ||||||
9 | also submit proof of fitness to practice , as specified by rule. | ||||||
10 | , including one of the following: | ||||||
11 | (1) certification of active practice in another | ||||||
12 | jurisdiction, which may include a statement from the | ||||||
13 | appropriate board or licensing authority in the other | ||||||
14 | jurisdiction that the licensee was authorized to practice | ||||||
15 | during the term of said active practice; | ||||||
16 | (2) proof of the successful completion of a | ||||||
17 | Department-approved licensure examination; or | ||||||
18 | (3) an affidavit attesting to military service as | ||||||
19 | provided in subsection (c) of this Section; however, if | ||||||
20 | application is made within 2 years after discharge and if | ||||||
21 | all other provisions of subsection (c) of this Section are | ||||||
22 | satisfied, the applicant shall be required to pay the | ||||||
23 | current renewal fee. | ||||||
24 | (c) Notwithstanding any other provision of this Act, any | ||||||
25 | license to practice practical nursing issued under this Act | ||||||
26 | that expired while the licensee was (i) in federal service on |
| |||||||
| |||||||
1 | active duty with the Armed Forces of the United States or in | ||||||
2 | the State Militia and called into service or training or (ii) | ||||||
3 | in training or education under the supervision of the United | ||||||
4 | States preliminary to induction into the military service may | ||||||
5 | have the license restored without paying any lapsed renewal | ||||||
6 | fees if, within 2 years after honorable termination of such | ||||||
7 | service, training, or education, the applicant furnishes the | ||||||
8 | Department with satisfactory evidence to the effect that the | ||||||
9 | applicant has been so engaged and that the individual's | ||||||
10 | service, training, or education has been so terminated. | ||||||
11 | (d) Any practical nurse licensee who shall engage in the | ||||||
12 | practice of practical nursing with a lapsed license or while on | ||||||
13 | inactive status shall be considered to be practicing without a | ||||||
14 | license, which shall be grounds for discipline under Section | ||||||
15 | 70-5 of this Act. | ||||||
16 | (e) Pending restoration of a license under this Section, | ||||||
17 | the Department may grant an applicant a temporary permit to | ||||||
18 | practice as a practical nurse if the Department is satisfied | ||||||
19 | that the applicant holds an active, unencumbered license in | ||||||
20 | good standing in another jurisdiction. If the applicant holds | ||||||
21 | more than one current active license or one or more active | ||||||
22 | temporary licenses from another jurisdiction, the Department | ||||||
23 | shall not issue a temporary permit until it is satisfied that | ||||||
24 | each current active license held by the applicant is | ||||||
25 | unencumbered. The temporary permit, which shall be issued no | ||||||
26 | later than 14 working days after receipt by the Department of |
| |||||||
| |||||||
1 | an application for the permit, shall be granted upon the | ||||||
2 | submission of all of the following to the Department: | ||||||
3 | (1) A signed and completed application for restoration | ||||||
4 | of licensure under this Section as a licensed practical | ||||||
5 | nurse. | ||||||
6 | (2) Proof of (i) a current, active license in at least | ||||||
7 | one other jurisdiction and proof that each current, active | ||||||
8 | license or temporary permit held by the applicant is | ||||||
9 | unencumbered or (ii) fitness to practice nursing in this | ||||||
10 | State, as specified by rule. | ||||||
11 | (3) A signed and completed application for a temporary | ||||||
12 | permit. | ||||||
13 | (4) The required permit fee. | ||||||
14 | (f) The Department may refuse to issue to an applicant a | ||||||
15 | temporary permit authorized under this Section if, within 14 | ||||||
16 | working days after its receipt of an application for a | ||||||
17 | temporary permit, the Department determines that: | ||||||
18 | (1) the applicant has been convicted within the last 5 | ||||||
19 | years of any crime under the laws of any jurisdiction of | ||||||
20 | the United States that is (i) a felony or (ii) a | ||||||
21 | misdemeanor directly related to the practice of the | ||||||
22 | profession; | ||||||
23 | (2) within the last 5 years, the applicant has had a | ||||||
24 | license or permit related to the practice of nursing | ||||||
25 | revoked, suspended, or placed on probation by another | ||||||
26 | jurisdiction, if at least one of the grounds for revoking, |
| |||||||
| |||||||
1 | suspending, or placing on probation is the same or | ||||||
2 | substantially equivalent to grounds for disciplinary | ||||||
3 | action under this Act; or | ||||||
4 | (3) the Department intends to deny restoration of the | ||||||
5 | license. | ||||||
6 | (g) The Department may revoke a temporary permit issued | ||||||
7 | under this Section if: | ||||||
8 | (1) the Department determines that the applicant has | ||||||
9 | been convicted within the last 5 years of any crime under | ||||||
10 | the laws of any jurisdiction of the United States that is | ||||||
11 | (i) a felony or (ii) a misdemeanor directly related to the | ||||||
12 | practice of the profession; | ||||||
13 | (2) within the last 5 years, the applicant had a | ||||||
14 | license or permit related to the practice of nursing | ||||||
15 | revoked, suspended, or placed on probation by another | ||||||
16 | jurisdiction and at least one of the grounds for revoking, | ||||||
17 | suspending, or placing on probation is the same or | ||||||
18 | substantially equivalent to grounds for disciplinary | ||||||
19 | action under this Act; or | ||||||
20 | (3) the Department intends to deny restoration of the | ||||||
21 | license. | ||||||
22 | (h) A temporary permit or renewed temporary permit shall | ||||||
23 | expire (i) upon issuance of a valid license under this Act or | ||||||
24 | (ii) upon notification that the Department intends to deny | ||||||
25 | restoration of licensure. Except as otherwise provided in this | ||||||
26 | Section, the temporary permit shall expire 6 months after the |
| |||||||
| |||||||
1 | date of issuance. Further renewal may be granted by the | ||||||
2 | Department in hardship cases that shall automatically expire | ||||||
3 | upon issuance of a valid license under this Act or upon | ||||||
4 | notification that the Department intends to deny licensure, | ||||||
5 | whichever occurs first. No extensions shall be granted beyond | ||||||
6 | the 6-month period, unless approved by the Secretary. | ||||||
7 | Notification by the Department under this Section must be by | ||||||
8 | certified or registered mail to the address of record or by | ||||||
9 | email to the email address of record .
| ||||||
10 | (Source: P.A. 95-639, eff. 10-5-07.) | ||||||
11 | (225 ILCS 65/55-30) | ||||||
12 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
13 | Sec. 55-30. LPN scope of practice. | ||||||
14 | (a) Practice as a licensed practical nurse means a scope of | ||||||
15 | basic nursing practice, with or without compensation, as | ||||||
16 | delegated by a registered professional nurse or an advanced | ||||||
17 | practice registered nurse or as directed by a physician | ||||||
18 | assistant, physician, dentist, or podiatric physician, and | ||||||
19 | includes, but is not limited to, all of the following: | ||||||
20 | (1) Collecting data and collaborating in the | ||||||
21 | assessment of the health status of a patient. | ||||||
22 | (2) Collaborating in the development and modification | ||||||
23 | of the registered professional nurse's or advanced | ||||||
24 | practice registered nurse's comprehensive nursing plan of | ||||||
25 | care for all types of patients. |
| |||||||
| |||||||
1 | (3) Implementing aspects of the plan of care as | ||||||
2 | delegated. | ||||||
3 | (4) Participating in health teaching and counseling to | ||||||
4 | promote, attain, and maintain the optimum health level of | ||||||
5 | patients, as delegated. | ||||||
6 | (5) Serving as an advocate for the patient by | ||||||
7 | communicating and collaborating with other health service | ||||||
8 | personnel, as delegated. | ||||||
9 | (6) Participating in the evaluation of patient | ||||||
10 | responses to interventions. | ||||||
11 | (7) Communicating and collaborating with other health | ||||||
12 | care professionals as delegated. | ||||||
13 | (8) Providing input into the development of policies | ||||||
14 | and procedures to support patient safety.
| ||||||
15 | (Source: P.A. 98-214, eff. 8-9-13.) | ||||||
16 | (225 ILCS 65/60-5) | ||||||
17 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
18 | Sec. 60-5. RN education program requirements; out-of-State | ||||||
19 | programs. | ||||||
20 | (a) All registered professional nurse education programs | ||||||
21 | must be reviewed by the Board and approved by the Department | ||||||
22 | before the successful completion of such a program may be | ||||||
23 | applied toward meeting the requirements for registered | ||||||
24 | professional nurse licensure under this Act. Any program | ||||||
25 | changing the level of educational preparation or the |
| |||||||
| |||||||
1 | relationship with or to the parent institution or establishing | ||||||
2 | an extension of an existing program must request a review by | ||||||
3 | the Board and approval by the Department. The Board shall | ||||||
4 | review and make a recommendation for the approval or | ||||||
5 | disapproval of a program by the Department based on the | ||||||
6 | following criteria: | ||||||
7 | (1) a feasibility study that describes the need for the | ||||||
8 | program and the facilities used, the potential of the | ||||||
9 | program to recruit faculty and students, financial support | ||||||
10 | for the program, and other criteria, as established by | ||||||
11 | rule; | ||||||
12 | (2) program curriculum that meets all State | ||||||
13 | requirements; | ||||||
14 | (3) the administration of the program by a Nurse | ||||||
15 | Administrator and the involvement of a Nurse Administrator | ||||||
16 | in the development of the program; and | ||||||
17 | (4) the occurrence of a site visit prior to approval. | ||||||
18 | (b) In order to obtain initial Department approval and to | ||||||
19 | maintain Department approval, a registered professional | ||||||
20 | nursing program must meet all of the following requirements: | ||||||
21 | (1) The institution responsible for conducting the | ||||||
22 | program and the Nurse Administrator must ensure that | ||||||
23 | individual faculty members are academically and | ||||||
24 | professionally competent. | ||||||
25 | (2) The program curriculum must contain all applicable | ||||||
26 | requirements established by rule, including both theory |
| |||||||
| |||||||
1 | and clinical components. | ||||||
2 | (3) The passage rates of the program's graduating | ||||||
3 | classes on the State-approved licensure exam must be deemed | ||||||
4 | satisfactory by the Department. | ||||||
5 | (c) Program site visits to an institution conducting or | ||||||
6 | hosting a professional nursing program may be made at the | ||||||
7 | discretion of the Nursing Coordinator or upon recommendation of | ||||||
8 | the Board. Full routine site visits may shall be conducted by | ||||||
9 | the Department for periodic evaluation. Such The visits shall | ||||||
10 | be used to determine compliance with this Act. Full routine | ||||||
11 | site visits must be announced and may be waived at the | ||||||
12 | discretion of the Department if the program maintains | ||||||
13 | accreditation with an accrediting body approved by the | ||||||
14 | Department the National League for Nursing Accrediting | ||||||
15 | Commission (NLNAC) or the Commission on Collegiate Nursing | ||||||
16 | Education (CCNE) . | ||||||
17 | (d) Any institution conducting a registered professional | ||||||
18 | nursing program that wishes to discontinue the program must do | ||||||
19 | each of the following: | ||||||
20 | (1) Notify the Department, in writing, of its intent to | ||||||
21 | discontinue the program. | ||||||
22 | (2) Continue to meet the requirements of this Act and | ||||||
23 | the rules adopted thereunder until the official date of | ||||||
24 | termination of the program. | ||||||
25 | (3) Notify the Department of the date on which the last | ||||||
26 | student shall graduate from the program and the program |
| |||||||
| |||||||
1 | shall terminate. | ||||||
2 | (4) Assist remaining students in the continuation of | ||||||
3 | their education in the event of program termination prior | ||||||
4 | to the graduation of the program's final student. | ||||||
5 | (5) Upon the closure of the program, notify the | ||||||
6 | Department, in writing, of the location of student and | ||||||
7 | graduate records' storage. | ||||||
8 | (e) Out-of-State registered professional nursing education | ||||||
9 | programs planning to offer clinical practice experiences in | ||||||
10 | this State must meet the requirements set forth in this Section | ||||||
11 | and must meet the clinical and faculty requirements for | ||||||
12 | institutions outside of this State, as established by rule. The | ||||||
13 | institution responsible for conducting an out-of-State | ||||||
14 | registered professional nursing education program and the | ||||||
15 | administrator of the program shall be responsible for ensuring | ||||||
16 | that the individual faculty and preceptors overseeing the | ||||||
17 | clinical experience are academically and professionally | ||||||
18 | competent.
| ||||||
19 | (Source: P.A. 95-639, eff. 10-5-07.) | ||||||
20 | (225 ILCS 65/60-10) | ||||||
21 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
22 | Sec. 60-10. RN licensure by examination Qualifications for | ||||||
23 | RN licensure . | ||||||
24 | (a) Each applicant who successfully meets the requirements | ||||||
25 | of this Section is eligible for shall be entitled to licensure |
| |||||||
| |||||||
1 | as a registered professional nurse. | ||||||
2 | (b) An applicant for licensure by examination to practice | ||||||
3 | as a registered professional nurse is eligible for licensure | ||||||
4 | when the following requirements are met must do each of the | ||||||
5 | following : | ||||||
6 | (1) the applicant has submitted Submit a completed | ||||||
7 | written application, on forms provided by the Department, | ||||||
8 | and fees, as established by the Department ; . | ||||||
9 | (2) the applicant has Have graduated from a | ||||||
10 | professional nursing education program approved by the | ||||||
11 | Department or have been granted a certificate of completion | ||||||
12 | of pre-licensure requirements from another United States | ||||||
13 | jurisdiction ; . | ||||||
14 | (3) the applicant has successfully completed | ||||||
15 | Successfully complete a licensure examination approved by | ||||||
16 | the Department ; . | ||||||
17 | (4) (blank); Have not violated the provisions of this | ||||||
18 | Act concerning the grounds for disciplinary action. The | ||||||
19 | Department may take into consideration any felony | ||||||
20 | conviction of the applicant, but such a conviction may not | ||||||
21 | operate as an absolute bar to licensure. | ||||||
22 | (5) the applicant has submitted Submit to the criminal | ||||||
23 | history records check required under Section 50-35 of this | ||||||
24 | Act ; . | ||||||
25 | (6) the applicant has submitted Submit , either to the | ||||||
26 | Department or its designated testing service, a fee |
| |||||||
| |||||||
1 | covering the cost of providing the examination ; failure . | ||||||
2 | Failure to appear for the examination on the scheduled date | ||||||
3 | at the time and place specified after the applicant's | ||||||
4 | application for examination has been received and | ||||||
5 | acknowledged by the Department or the designated testing | ||||||
6 | service shall result in the forfeiture of the examination | ||||||
7 | fee ; and . | ||||||
8 | (7) the applicant has met Meet all other requirements | ||||||
9 | established by the Department by rule.
| ||||||
10 | An applicant for licensure by examination may take the | ||||||
11 | Department-approved examination in another jurisdiction. | ||||||
12 | (b-5) If an applicant for licensure by examination | ||||||
13 | neglects, fails, or refuses to take an examination or fails to | ||||||
14 | pass an examination for a license within 3 years after filing | ||||||
15 | the application, the application shall be denied. The applicant | ||||||
16 | may make a new application accompanied by the required fee, | ||||||
17 | evidence of meeting the requirements in force at the time of | ||||||
18 | the new application, and proof of the successful completion of | ||||||
19 | at least 2 additional years of professional nursing education. | ||||||
20 | (c) An applicant for licensure by examination shall have | ||||||
21 | one year after the date of notification of the successful | ||||||
22 | completion of the examination to apply to the Department for a | ||||||
23 | license. If an applicant fails to apply within one year, the | ||||||
24 | applicant shall be required to retake and pass the examination | ||||||
25 | unless licensed in another jurisdiction of the United States. | ||||||
26 | (d) An applicant for licensure by examination who passes |
| |||||||
| |||||||
1 | the Department-approved licensure examination for professional | ||||||
2 | nursing may obtain employment as a license-pending registered | ||||||
3 | nurse and practice under the direction of a registered | ||||||
4 | professional nurse or an advanced practice registered nurse | ||||||
5 | until such time as he or she receives his or her license to | ||||||
6 | practice or until the license is denied. In no instance shall | ||||||
7 | any such applicant practice or be employed in any management | ||||||
8 | capacity. An individual may be employed as a license-pending | ||||||
9 | registered nurse if all of the following criteria are met: | ||||||
10 | (1) He or she has completed and passed the | ||||||
11 | Department-approved licensure exam and presents to the | ||||||
12 | employer the official written notification indicating | ||||||
13 | successful passage of the licensure examination. | ||||||
14 | (2) He or she has completed and submitted to the | ||||||
15 | Department an application for licensure under this Section | ||||||
16 | as a registered professional nurse. | ||||||
17 | (3) He or she has submitted the required licensure fee. | ||||||
18 | (4) He or she has met all other requirements | ||||||
19 | established by rule, including having submitted to a | ||||||
20 | criminal history records check. | ||||||
21 | (e) The privilege to practice as a license-pending | ||||||
22 | registered nurse shall terminate with the occurrence of any of | ||||||
23 | the following: | ||||||
24 | (1) Three months have passed since the official date of | ||||||
25 | passing the licensure exam as inscribed on the formal | ||||||
26 | written notification indicating passage of the exam. The |
| |||||||
| |||||||
1 | 3-month license pending period may be extended if more time | ||||||
2 | is needed by the Department to process the licensure | ||||||
3 | application. | ||||||
4 | (2) Receipt of the registered professional nurse | ||||||
5 | license from the Department. | ||||||
6 | (3) Notification from the Department that the | ||||||
7 | application for licensure has been refused. | ||||||
8 | (4) A request by the Department that the individual | ||||||
9 | terminate practicing as a license-pending registered nurse | ||||||
10 | until an official decision is made by the Department to | ||||||
11 | grant or deny a registered professional nurse license. | ||||||
12 | (f) (Blank). An applicant for registered professional | ||||||
13 | nurse licensure by endorsement who is a registered professional | ||||||
14 | nurse licensed by examination under the laws of another state | ||||||
15 | or territory of the United States must do each of the | ||||||
16 | following: | ||||||
17 | (1) Submit a completed written application, on forms | ||||||
18 | supplied by the Department, and fees as established by the | ||||||
19 | Department. | ||||||
20 | (2) Have graduated from a registered professional | ||||||
21 | nursing education program approved by the Department. | ||||||
22 | (3) Submit verification of licensure status directly | ||||||
23 | from the United States jurisdiction of licensure, if | ||||||
24 | applicable, as defined by rule. | ||||||
25 | (4) Submit to the criminal history records check | ||||||
26 | required under Section 50-35 of this Act. |
| |||||||
| |||||||
1 | (5) Meet all other requirements as established by the | ||||||
2 | Department by rule. | ||||||
3 | (g) (Blank). Pending the issuance of a license under this | ||||||
4 | Section, the Department may grant an applicant a temporary | ||||||
5 | license to practice nursing as a registered professional nurse | ||||||
6 | if the Department is satisfied that the applicant holds an | ||||||
7 | active, unencumbered license in good standing in another U.S. | ||||||
8 | jurisdiction. If the applicant holds more than one current | ||||||
9 | active license or one or more active temporary licenses from | ||||||
10 | another jurisdiction, the Department may not issue a temporary | ||||||
11 | license until the Department is satisfied that each current | ||||||
12 | active license held by the applicant is unencumbered. The | ||||||
13 | temporary license, which shall be issued no later than 14 | ||||||
14 | working days after receipt by the Department of an application | ||||||
15 | for the temporary license, shall be granted upon the submission | ||||||
16 | of all of the following to the Department: | ||||||
17 | (1) A completed application for licensure as a | ||||||
18 | registered professional nurse. | ||||||
19 | (2) Proof of a current, active license in at least one | ||||||
20 | other jurisdiction of the United States and proof that each | ||||||
21 | current active license or temporary license held by the | ||||||
22 | applicant within the last 5 years is unencumbered. | ||||||
23 | (3) A completed application for a temporary license. | ||||||
24 | (4) The required temporary license fee. | ||||||
25 | (h) (Blank). The Department may refuse to issue an | ||||||
26 | applicant a temporary license authorized pursuant to this |
| |||||||
| |||||||
1 | Section if, within 14 working days after its receipt of an | ||||||
2 | application for a temporary license, the Department determines | ||||||
3 | that: | ||||||
4 | (1) the applicant has been convicted of a crime under | ||||||
5 | the laws of a jurisdiction of the United States that is (i) | ||||||
6 | a felony or (ii) a misdemeanor directly related to the | ||||||
7 | practice of the profession, within the last 5 years; | ||||||
8 | (2) the applicant has had a license or permit related | ||||||
9 | to the practice of nursing revoked, suspended, or placed on | ||||||
10 | probation by another jurisdiction within the last 5 years, | ||||||
11 | if at least one of the grounds for revoking, suspending, or | ||||||
12 | placing on probation is the same or substantially | ||||||
13 | equivalent to grounds for disciplinary action under this | ||||||
14 | Act; or
| ||||||
15 | (3) the Department intends to deny licensure by | ||||||
16 | endorsement. | ||||||
17 | (i) (Blank). The Department may revoke a temporary license | ||||||
18 | issued pursuant to this Section if it determines any of the | ||||||
19 | following: | ||||||
20 | (1) That the applicant has been convicted of a crime | ||||||
21 | under the laws of any jurisdiction of the United States | ||||||
22 | that is (i) a felony or (ii) a misdemeanor directly related | ||||||
23 | to the practice of the profession, within the last 5 years. | ||||||
24 | (2) That within the last 5 years, the applicant has had | ||||||
25 | a license or permit related to the practice of nursing | ||||||
26 | revoked, suspended, or placed on probation by another |
| |||||||
| |||||||
1 | jurisdiction, if at least one of the grounds for revoking, | ||||||
2 | suspending, or placing on probation is the same or | ||||||
3 | substantially equivalent to grounds for disciplinary | ||||||
4 | action under this Act. | ||||||
5 | (3) That it intends to deny licensure by endorsement. | ||||||
6 | (j) (Blank). A temporary license issued under this Section | ||||||
7 | shall expire 6 months after the date of issuance. Further | ||||||
8 | renewal may be granted by the Department in hardship cases, as | ||||||
9 | defined by rule and upon approval of the Secretary. However, a | ||||||
10 | temporary license shall automatically expire upon issuance of | ||||||
11 | the Illinois license or upon notification that the Department | ||||||
12 | intends to deny licensure, whichever occurs first. | ||||||
13 | (k) All applicants for registered professional nurse | ||||||
14 | licensure have 3 years after the date of application to | ||||||
15 | complete the application process. If the process has not been | ||||||
16 | completed within 3 years after the date of application, the | ||||||
17 | application shall be denied, the fee forfeited, and the | ||||||
18 | applicant must reapply and meet the requirements in effect at | ||||||
19 | the time of reapplication. | ||||||
20 | (l) All applicants for registered nurse licensure by | ||||||
21 | examination or endorsement who are graduates of practical | ||||||
22 | nursing educational programs in a country other than the United | ||||||
23 | States and its territories shall have their nursing education | ||||||
24 | credentials evaluated by a Department-approved nursing | ||||||
25 | credentialing evaluation service. No such applicant may be | ||||||
26 | issued a license under this Act unless the applicant's program |
| |||||||
| |||||||
1 | is deemed by the nursing credentialing evaluation service to be | ||||||
2 | equivalent to a professional nursing education program | ||||||
3 | approved by the Department. An applicant who has graduated from | ||||||
4 | a nursing educational program outside of the United States or | ||||||
5 | its territories and whose first language is not English shall | ||||||
6 | submit evidence of English proficiency certification of | ||||||
7 | passage of the Test of English as a Foreign Language (TOEFL) , | ||||||
8 | as defined by rule. The Department may, upon recommendation | ||||||
9 | from the nursing evaluation service, waive the requirement that | ||||||
10 | the applicant pass the TOEFL examination if the applicant | ||||||
11 | submits verification of the successful completion of a nursing | ||||||
12 | education program conducted in English. The requirements of | ||||||
13 | this subsection (l) may be satisfied by the showing of proof of | ||||||
14 | a certificate from the Certificate Program or the VisaScreen | ||||||
15 | Program of the Commission on Graduates of Foreign Nursing | ||||||
16 | Schools. | ||||||
17 | (m) (Blank). An applicant licensed in another state or | ||||||
18 | territory who is applying for licensure and has received her or | ||||||
19 | his education in a country other than the United States or its | ||||||
20 | territories shall have her or his nursing education credentials | ||||||
21 | evaluated by a Department-approved nursing credentialing | ||||||
22 | evaluation service. No such applicant may be issued a license | ||||||
23 | under this Act unless the applicant's program is deemed by the | ||||||
24 | nursing credentialing evaluation service to be equivalent to a | ||||||
25 | professional nursing education program approved by the | ||||||
26 | Department. An applicant who has graduated from a nursing |
| |||||||
| |||||||
1 | educational program outside of the United States or its | ||||||
2 | territories and whose first language is not English shall | ||||||
3 | submit certification of passage of the Test of English as a | ||||||
4 | Foreign Language (TOEFL), as defined by rule. The Department | ||||||
5 | may, upon recommendation from the nursing evaluation service, | ||||||
6 | waive the requirement that the applicant pass the TOEFL | ||||||
7 | examination if the applicant submits verification of the | ||||||
8 | successful completion of a nursing education program conducted | ||||||
9 | in English or the successful passage of an approved licensing | ||||||
10 | examination given in English. The requirements of this | ||||||
11 | subsection (m) may be satisfied by the showing of proof of a | ||||||
12 | certificate from the Certificate Program or the VisaScreen | ||||||
13 | Program of the Commission on Graduates of Foreign Nursing | ||||||
14 | Schools.
| ||||||
15 | (Source: P.A. 95-639, eff. 10-5-07.) | ||||||
16 | (225 ILCS 65/60-11 new) | ||||||
17 | Sec. 60-11. RN licensure by endorsement. | ||||||
18 | (a) Each applicant who successfully meets the requirements | ||||||
19 | of this Section is eligible for licensure as a registered | ||||||
20 | professional nurse. | ||||||
21 | (b) An applicant for registered professional nurse | ||||||
22 | licensure by endorsement who is a registered professional nurse | ||||||
23 | licensed by examination under the laws of another United States | ||||||
24 | jurisdiction or a foreign jurisdiction is eligible for | ||||||
25 | licensure when the following requirements are met: |
| |||||||
| |||||||
1 | (1) the applicant has submitted a completed written | ||||||
2 | application, on forms supplied by the Department, and fees | ||||||
3 | as established by the Department; | ||||||
4 | (2) the applicant has graduated from a registered | ||||||
5 | professional nursing education program approved by the | ||||||
6 | Department; | ||||||
7 | (3) the applicant has been issued an LPN license by | ||||||
8 | another United States or foreign jurisdiction, which shall | ||||||
9 | be verified, as defined by rule; | ||||||
10 | (4) the applicant has submitted to the criminal history | ||||||
11 | records check required under Section 50-35 of this Act; and | ||||||
12 | (5) the applicant has met all other requirements as | ||||||
13 | established by the Department by rule. | ||||||
14 | (c) Pending the issuance of a license under this Section, | ||||||
15 | the Department may grant an applicant a temporary permit to | ||||||
16 | practice nursing as a registered professional nurse if the | ||||||
17 | Department is satisfied that the applicant holds an active, | ||||||
18 | unencumbered license in good standing in another United States | ||||||
19 | jurisdiction. If the applicant holds more than one current | ||||||
20 | active license or one or more active temporary licenses from | ||||||
21 | another jurisdiction, the Department may not issue a temporary | ||||||
22 | permit until the Department is satisfied that each current | ||||||
23 | active license held by the applicant is unencumbered. The | ||||||
24 | temporary permit, which shall be issued no later than 14 | ||||||
25 | working days after receipt by the Department of an application | ||||||
26 | for the temporary permit, shall be granted upon the submission |
| |||||||
| |||||||
1 | of all of the following to the Department: | ||||||
2 | (1) a completed application for licensure as a | ||||||
3 | registered professional nurse; | ||||||
4 | (2) proof of a current, active license in at least one | ||||||
5 | other jurisdiction of the United States and proof that each | ||||||
6 | current active license or temporary license held by the | ||||||
7 | applicant within the last 5 years is unencumbered; | ||||||
8 | (3) a completed application for a temporary permit; and | ||||||
9 | (4) the required temporary permit fee. | ||||||
10 | (d) The Department may refuse to issue an applicant a | ||||||
11 | temporary permit authorized pursuant to this Section if, within | ||||||
12 | 14 working days after its receipt of an application for a | ||||||
13 | temporary permit, the Department determines that: | ||||||
14 | (1) the applicant has been convicted of a crime under | ||||||
15 | the laws of a jurisdiction of the United States that is (i) | ||||||
16 | a felony or (ii) a misdemeanor directly related to the | ||||||
17 | practice of the profession, within the last 5 years; | ||||||
18 | (2) the applicant has had a license or permit related | ||||||
19 | to the practice of nursing revoked, suspended, or placed on | ||||||
20 | probation by another jurisdiction within the last 5 years, | ||||||
21 | if at least one of the grounds for revoking, suspending, or | ||||||
22 | placing on probation is the same or substantially | ||||||
23 | equivalent to grounds for disciplinary action under this | ||||||
24 | Act; or | ||||||
25 | (3) the Department intends to deny licensure by | ||||||
26 | endorsement. |
| |||||||
| |||||||
1 | (e) The Department may revoke a temporary permit issued | ||||||
2 | pursuant to this Section if it determines that: | ||||||
3 | (1) the applicant has been convicted of a crime under | ||||||
4 | the laws of any jurisdiction of the United States that is | ||||||
5 | (i) a felony or (ii) a misdemeanor directly related to the | ||||||
6 | practice of the profession, within the last 5 years; | ||||||
7 | (2) within the last 5 years, the applicant has had a | ||||||
8 | license or permit related to the practice of nursing | ||||||
9 | revoked, suspended, or placed on probation by another | ||||||
10 | jurisdiction, if at least one of the grounds for revoking, | ||||||
11 | suspending, or placing on probation is the same or | ||||||
12 | substantially equivalent to grounds for disciplinary | ||||||
13 | action under this Act; or | ||||||
14 | (3) the Department intends to deny licensure by | ||||||
15 | endorsement. | ||||||
16 | (f) A temporary permit issued under this Section shall | ||||||
17 | expire 6 months after the date of issuance. Further renewal may | ||||||
18 | be granted by the Department in hardship cases, as defined by | ||||||
19 | rule and upon approval of the Secretary. However, a temporary | ||||||
20 | permit shall automatically expire upon issuance of the Illinois | ||||||
21 | license or upon notification that the Department intends to | ||||||
22 | deny licensure, whichever occurs first. | ||||||
23 | (g) All applicants for registered professional nurse | ||||||
24 | licensure have 3 years after the date of application to | ||||||
25 | complete the application process. If the process has not been | ||||||
26 | completed within 3 years after the date of application, the |
| |||||||
| |||||||
1 | application shall be denied, the fee forfeited, and the | ||||||
2 | applicant must reapply and meet the requirements in effect at | ||||||
3 | the time of reapplication. | ||||||
4 | (h) An applicant licensed in another state or territory who | ||||||
5 | is applying for licensure and has received her or his education | ||||||
6 | in a country other than the United States or its territories | ||||||
7 | shall have her or his nursing education credentials evaluated | ||||||
8 | by a Department-approved nursing credentialing evaluation | ||||||
9 | service. No such applicant may be issued a license under this | ||||||
10 | Act unless the applicant's program is deemed by the nursing | ||||||
11 | credentialing evaluation service to be equivalent to a | ||||||
12 | professional nursing education program approved by the | ||||||
13 | Department. An applicant who has graduated from a nursing | ||||||
14 | education program outside of the United States or its | ||||||
15 | territories and whose first language is not English shall | ||||||
16 | submit evidence of English proficiency, as defined by rule. | ||||||
17 | (225 ILCS 65/60-25) | ||||||
18 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
19 | Sec. 60-25. Restoration of RN license; temporary permit.
| ||||||
20 | (a) Any license to practice professional nursing issued | ||||||
21 | under this Act that has expired or that is on inactive status | ||||||
22 | may be restored by making application to the Department and | ||||||
23 | filing proof of fitness acceptable to the Department as | ||||||
24 | specified by rule to have the license restored and by paying | ||||||
25 | the required restoration fee. Such proof of fitness may include |
| |||||||
| |||||||
1 | evidence certifying active lawful practice in another | ||||||
2 | jurisdiction. | ||||||
3 | (b) A licensee seeking restoration of a license after it | ||||||
4 | has expired or been placed on inactive status for more than 5 | ||||||
5 | years shall file an application, on forms supplied by the | ||||||
6 | Department, and submit the restoration or renewal fees set | ||||||
7 | forth by the Department. The licensee shall also submit proof | ||||||
8 | of fitness to practice as specified by rule. , including one of | ||||||
9 | the following: | ||||||
10 | (1) Certification of active practice in another | ||||||
11 | jurisdiction, which may include a statement from the | ||||||
12 | appropriate board or licensing authority in the other | ||||||
13 | jurisdiction that the licensee was authorized to practice | ||||||
14 | during the term of said active practice. | ||||||
15 | (2) Proof of the successful completion of a | ||||||
16 | Department-approved licensure examination. | ||||||
17 | (3) An affidavit attesting to military service as | ||||||
18 | provided in subsection (c) of this Section; however, if | ||||||
19 | application is made within 2 years after discharge and if | ||||||
20 | all other provisions of subsection (c) of this Section are | ||||||
21 | satisfied, the applicant shall be required to pay the | ||||||
22 | current renewal fee. | ||||||
23 | (c) Any registered professional nurse license issued under | ||||||
24 | this Act that expired while the licensee was (1) in federal | ||||||
25 | service on active duty with the Armed Forces of the United | ||||||
26 | States or in the State Militia called into service or training |
| |||||||
| |||||||
1 | or (2) in training or education under the supervision of the | ||||||
2 | United States preliminary to induction into the military | ||||||
3 | service may have the license restored without paying any lapsed | ||||||
4 | renewal fees if, within 2 years after honorable termination of | ||||||
5 | such service, training, or education, the applicant furnishes | ||||||
6 | the Department with satisfactory evidence to the effect that | ||||||
7 | the applicant has been so engaged and that the individual's | ||||||
8 | service, training, or education has been so terminated. | ||||||
9 | (d) Any licensee who engages in the practice of | ||||||
10 | professional nursing with a lapsed license or while on inactive | ||||||
11 | status shall be considered to be practicing without a license, | ||||||
12 | which shall be grounds for discipline under Section 70-5 of | ||||||
13 | this Act. | ||||||
14 | (e) Pending restoration of a registered professional nurse | ||||||
15 | license under this Section, the Department may grant an | ||||||
16 | applicant a temporary permit to practice as a registered | ||||||
17 | professional nurse if the Department is satisfied that the | ||||||
18 | applicant holds an active, unencumbered license in good | ||||||
19 | standing in another jurisdiction. If the applicant holds more | ||||||
20 | than one current active license or one or more active temporary | ||||||
21 | licenses from another jurisdiction, the Department shall not | ||||||
22 | issue a temporary permit until it is satisfied that each | ||||||
23 | current active license held by the applicant is unencumbered. | ||||||
24 | The temporary permit, which shall be issued no later than 14 | ||||||
25 | working days after receipt by the Department of an application | ||||||
26 | for the permit, shall be granted upon the submission of all of |
| |||||||
| |||||||
1 | the following to the Department: | ||||||
2 | (1) A signed and completed application for restoration | ||||||
3 | of licensure under this Section as a registered | ||||||
4 | professional nurse. | ||||||
5 | (2) Proof of (i) a current, active license in at least | ||||||
6 | one other jurisdiction and proof that each current, active | ||||||
7 | license or temporary permit held by the applicant is | ||||||
8 | unencumbered or (ii) fitness to practice nursing in | ||||||
9 | Illinois, as specified by rule. | ||||||
10 | (3) A signed and completed application for a temporary | ||||||
11 | permit. | ||||||
12 | (4) The required permit fee. | ||||||
13 | (f) The Department may refuse to issue to an applicant a | ||||||
14 | temporary permit authorized under this Section if, within 14 | ||||||
15 | working days after its receipt of an application for a | ||||||
16 | temporary permit, the Department determines that: | ||||||
17 | (1) the applicant has been convicted within the last 5 | ||||||
18 | years of any crime under the laws of any jurisdiction of | ||||||
19 | the United States that is (i) a felony or (ii) a | ||||||
20 | misdemeanor directly related to the practice of the | ||||||
21 | profession; | ||||||
22 | (2) within the last 5 years the applicant had a license | ||||||
23 | or permit related to the practice of nursing revoked, | ||||||
24 | suspended, or placed on probation by another jurisdiction | ||||||
25 | if at least one of the grounds for revoking, suspending, or | ||||||
26 | placing on probation is the same or substantially |
| |||||||
| |||||||
1 | equivalent to grounds for disciplinary action under this | ||||||
2 | Act; or | ||||||
3 | (3) the Department intends to deny restoration of the | ||||||
4 | license. | ||||||
5 | (g) The Department may revoke a temporary permit issued | ||||||
6 | under this Section if: | ||||||
7 | (1) the Department determines that the applicant has | ||||||
8 | been convicted within the last 5 years of any crime under | ||||||
9 | the laws of any jurisdiction of the United States that is | ||||||
10 | (i) a felony or (ii) a misdemeanor directly related to the | ||||||
11 | practice of the profession; | ||||||
12 | (2) within the last 5 years, the applicant had a | ||||||
13 | license or permit related to the practice of nursing | ||||||
14 | revoked, suspended, or placed on probation by another | ||||||
15 | jurisdiction, if at least one of the grounds for revoking, | ||||||
16 | suspending, or placing on probation is the same or | ||||||
17 | substantially equivalent to grounds in Illinois; or | ||||||
18 | (3) the Department intends to deny restoration of the | ||||||
19 | license. | ||||||
20 | (h) A temporary permit or renewed temporary permit shall | ||||||
21 | expire (i) upon issuance of an Illinois license or (ii) upon | ||||||
22 | notification that the Department intends to deny restoration of | ||||||
23 | licensure. A temporary permit shall expire 6 months from the | ||||||
24 | date of issuance. Further renewal may be granted by the | ||||||
25 | Department, in hardship cases, that shall automatically expire | ||||||
26 | upon issuance of the Illinois license or upon notification that |
| |||||||
| |||||||
1 | the Department intends to deny licensure, whichever occurs | ||||||
2 | first. No extensions shall be granted beyond the 6-month period | ||||||
3 | unless approved by the Secretary. Notification by the | ||||||
4 | Department under this Section must be by certified or | ||||||
5 | registered mail to the address of record or by email to the | ||||||
6 | email address of record .
| ||||||
7 | (Source: P.A. 95-639, eff. 10-5-07.) | ||||||
8 | (225 ILCS 65/Art. 65 heading) | ||||||
9 | ARTICLE 65. ADVANCED PRACTICE REGISTERED NURSES
| ||||||
10 | (Article scheduled to be repealed on January 1, 2018) | ||||||
11 | (Source: P.A. 95-639, eff. 10-5-07 .)
| ||||||
12 | (225 ILCS 65/65-5)
(was 225 ILCS 65/15-10)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
14 | Sec. 65-5. Qualifications for APRN APN licensure.
| ||||||
15 | (a) Each applicant who successfully meets the requirements | ||||||
16 | of this Section is eligible for shall be entitled to licensure | ||||||
17 | as an advanced practice registered nurse. | ||||||
18 | (b) An applicant for licensure to practice as an advanced | ||||||
19 | practice registered nurse is eligible for licensure when the | ||||||
20 | following requirements are met must do each of the following :
| ||||||
21 | (1) the applicant has submitted Submit a completed | ||||||
22 | application and any fees as established by the Department ; .
| ||||||
23 | (2) the applicant holds Hold a current license to | ||||||
24 | practice as a
registered professional nurse under this |
| |||||||
| |||||||
1 | Act ; .
| ||||||
2 | (3) the applicant has Have successfully completed | ||||||
3 | requirements to practice as, and holds and maintains
| ||||||
4 | current, national certification as, a nurse midwife, | ||||||
5 | clinical nurse specialist,
nurse practitioner, or | ||||||
6 | certified registered nurse anesthetist from the
| ||||||
7 | appropriate national certifying body as determined by rule | ||||||
8 | of the Department ; .
| ||||||
9 | (4) the applicant has Have obtained a graduate degree | ||||||
10 | appropriate for national certification in a clinical | ||||||
11 | advanced practice registered nursing specialty or a | ||||||
12 | graduate degree or post-master's certificate from a | ||||||
13 | graduate level program in a clinical advanced practice | ||||||
14 | registered nursing specialty ; .
| ||||||
15 | (5) (blank); Have not violated the provisions of this | ||||||
16 | Act concerning the grounds for disciplinary action. The | ||||||
17 | Department may take into consideration any felony | ||||||
18 | conviction of the applicant, but such a conviction may not | ||||||
19 | operate as an absolute bar to licensure. | ||||||
20 | (6) the applicant has submitted Submit to the criminal | ||||||
21 | history records check required under Section 50-35 of this | ||||||
22 | Act ; and .
| ||||||
23 | (7) if applicable, the applicant has submitted | ||||||
24 | verification of licensure status in another jurisdiction, | ||||||
25 | as provided by rule. | ||||||
26 | (b-5) A registered professional nurse seeking licensure as |
| |||||||
| |||||||
1 | an advanced practice registered nurse in the category of | ||||||
2 | certified registered nurse anesthetist who does not have a | ||||||
3 | graduate degree as described in subsection (b) of this Section | ||||||
4 | shall be qualified for licensure if that person: | ||||||
5 | (1) submits evidence of having successfully completed | ||||||
6 | a nurse anesthesia program described in item (4) of | ||||||
7 | subsection (b) of this Section prior to January 1, 1999; | ||||||
8 | (2) submits evidence of certification as a registered | ||||||
9 | nurse anesthetist by an appropriate national certifying | ||||||
10 | body; and | ||||||
11 | (3) has continually maintained active, up-to-date | ||||||
12 | recertification status as a certified registered nurse | ||||||
13 | anesthetist by an appropriate national recertifying body. | ||||||
14 | (b-10) The Department may shall issue a certified | ||||||
15 | registered nurse anesthetist license to an APRN APN who (i) | ||||||
16 | does not have a graduate degree, (ii) applies for licensure | ||||||
17 | before July 1, 2018, and (iii) submits all of the following to | ||||||
18 | the Department: | ||||||
19 | (1) His or her current State registered nurse license | ||||||
20 | number. | ||||||
21 | (2) Proof of current national certification, which | ||||||
22 | includes the completion of an examination from either of | ||||||
23 | the following: | ||||||
24 | (A) the Council on Certification of the American | ||||||
25 | Association of Nurse Anesthetists; or | ||||||
26 | (B) the Council on Recertification of the American |
| |||||||
| |||||||
1 | Association of Nurse Anesthetists. | ||||||
2 | (3) Proof of the successful completion of a post-basic | ||||||
3 | advanced practice formal education program in the area of | ||||||
4 | nurse anesthesia prior to January 1, 1999. | ||||||
5 | (4) His or her complete work history for the 5-year | ||||||
6 | period immediately preceding the date of his or her | ||||||
7 | application. | ||||||
8 | (5) Verification of licensure as an advanced practice | ||||||
9 | registered nurse from the state in which he or she was | ||||||
10 | originally licensed, current state of licensure, and any | ||||||
11 | other state in which he or she has been actively practicing | ||||||
12 | as an advanced practice registered nurse within the 5-year | ||||||
13 | period immediately preceding the date of his or her | ||||||
14 | application. If applicable, this verification must state: | ||||||
15 | (A) the time during which he or she was licensed in | ||||||
16 | each state, including the date of the original issuance | ||||||
17 | of each license; and | ||||||
18 | (B) any disciplinary action taken or pending | ||||||
19 | concerning any nursing license held, currently or in | ||||||
20 | the past, by the applicant. | ||||||
21 | (6) The required fee. | ||||||
22 | (c) Those applicants seeking licensure in more than one | ||||||
23 | advanced practice registered nursing specialty need not | ||||||
24 | possess multiple graduate degrees. Applicants may be eligible | ||||||
25 | for licenses for multiple advanced practice registered nurse | ||||||
26 | licensure specialties, provided that the applicant (i) has met |
| |||||||
| |||||||
1 | the requirements for at least one advanced practice registered | ||||||
2 | nursing specialty under paragraphs (3) and (5) of subsection | ||||||
3 | (a) of this Section, (ii) possesses an additional graduate | ||||||
4 | education that results in a certificate for another clinical | ||||||
5 | advanced practice registered nurse specialty and that meets the | ||||||
6 | requirements for the national certification from the | ||||||
7 | appropriate nursing specialty, and (iii) holds a current | ||||||
8 | national certification from the appropriate national | ||||||
9 | certifying body for that additional advanced practice | ||||||
10 | registered nursing specialty.
| ||||||
11 | (Source: P.A. 98-837, eff. 1-1-15 .)
| ||||||
12 | (225 ILCS 65/65-10)
(was 225 ILCS 65/15-13)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
14 | Sec. 65-10. APRN APN license pending status.
| ||||||
15 | (a) A graduate of an advanced practice registered nursing | ||||||
16 | program may practice in the
State
of Illinois in the role of | ||||||
17 | certified clinical nurse specialist, certified nurse
midwife,
| ||||||
18 | certified nurse practitioner, or certified registered nurse | ||||||
19 | anesthetist for not
longer than 6
months provided he or she | ||||||
20 | submits all of the following:
| ||||||
21 | (1) An application for licensure as an advanced | ||||||
22 | practice registered nurse in
Illinois and all fees | ||||||
23 | established by rule.
| ||||||
24 | (2) Proof of an application to take the national | ||||||
25 | certification examination
in
the specialty.
|
| |||||||
| |||||||
1 | (3) Proof of completion of a graduate advanced practice
| ||||||
2 | education program that allows the applicant to be eligible | ||||||
3 | for national
certification in a clinical advanced practice | ||||||
4 | registered nursing specialty and that
allows the applicant | ||||||
5 | to be eligible for licensure in Illinois in the area of
his | ||||||
6 | or her specialty.
| ||||||
7 | (4) Proof that he or she is licensed in Illinois as a | ||||||
8 | registered
professional
nurse.
| ||||||
9 | (b) License pending status shall preclude delegation of | ||||||
10 | prescriptive
authority.
| ||||||
11 | (c) A graduate practicing in accordance with this Section | ||||||
12 | must use the
title
"license pending certified clinical nurse | ||||||
13 | specialist", "license pending
certified nurse
midwife", | ||||||
14 | "license pending certified nurse practitioner", or "license | ||||||
15 | pending
certified
registered nurse anesthetist", whichever is | ||||||
16 | applicable.
| ||||||
17 | (Source: P.A. 97-813, eff. 7-13-12.)
| ||||||
18 | (225 ILCS 65/65-15) | ||||||
19 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
20 | Sec. 65-15. Expiration of APRN APN license; renewal. | ||||||
21 | (a) The expiration date and renewal period for each | ||||||
22 | advanced practice registered nurse license issued under this | ||||||
23 | Act shall be set by rule. The holder of a license may renew the | ||||||
24 | license during the month preceding the expiration date of the | ||||||
25 | license by paying the required fee. It is the responsibility of |
| |||||||
| |||||||
1 | the licensee to notify the Department in writing of a change of | ||||||
2 | address. | ||||||
3 | (b) On and after May 30, 2020, except as provided in | ||||||
4 | subsections (c) and (d) of this Section, each advanced practice | ||||||
5 | registered nurse is required to show proof of continued, | ||||||
6 | current national certification in the specialty.
| ||||||
7 | (c) An advanced practice registered nurse who does not meet | ||||||
8 | the educational requirements necessary to obtain national | ||||||
9 | certification but has continuously held an unencumbered | ||||||
10 | license under this Act since 2001 shall not be required to show | ||||||
11 | proof of national certification in the specialty to renew his | ||||||
12 | or her advanced practice registered nurse license. | ||||||
13 | (d) The Department may renew the license of an advanced | ||||||
14 | practice registered nurse who applies for renewal of his or her | ||||||
15 | license on or before May 30, 2016 and is unable to provide | ||||||
16 | proof of continued, current national certification in the | ||||||
17 | specialty but complies with all other renewal requirements. | ||||||
18 | (e) Any advanced practice registered nurse license renewed | ||||||
19 | on and after May 31, 2016 based on the changes made to this | ||||||
20 | Section by this amendatory Act of the 99th General Assembly | ||||||
21 | shall be retroactive to the expiration date. | ||||||
22 | (Source: P.A. 99-505, eff. 5-27-16.) | ||||||
23 | (225 ILCS 65/65-20) | ||||||
24 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
25 | Sec. 65-20. Restoration of APRN APN license; temporary |
| |||||||
| |||||||
1 | permit. | ||||||
2 | (a) Any license issued under this Act that has expired or | ||||||
3 | that is on inactive status may be restored by making | ||||||
4 | application to the Department and filing proof of fitness | ||||||
5 | acceptable to the Department as specified by rule to have the | ||||||
6 | license restored and by paying the required restoration fee. | ||||||
7 | Such proof of fitness may include evidence certifying active | ||||||
8 | lawful practice in another jurisdiction. | ||||||
9 | (b) A licensee seeking restoration of a license after it | ||||||
10 | has expired or been placed on inactive status for more than 5 | ||||||
11 | years shall file an application, on forms supplied by the | ||||||
12 | Department, and submit the restoration or renewal fees set | ||||||
13 | forth by the Department. The licensee shall also submit proof | ||||||
14 | of fitness to practice as specified by rule. , including one of | ||||||
15 | the following: | ||||||
16 | (1) Certification of active practice in another | ||||||
17 | jurisdiction, which may include a statement from the | ||||||
18 | appropriate board or licensing authority in the other | ||||||
19 | jurisdiction in which the licensee was authorized to | ||||||
20 | practice during the term of said active practice. | ||||||
21 | (2) Proof of the successful completion of a | ||||||
22 | Department-approved licensure examination. | ||||||
23 | (3) An affidavit attesting to military service as | ||||||
24 | provided in subsection (c) of this Section; however, if | ||||||
25 | application is made within 2 years after discharge and if | ||||||
26 | all other provisions of subsection (c) of this Section are |
| |||||||
| |||||||
1 | satisfied, the applicant shall be required to pay the | ||||||
2 | current renewal fee. | ||||||
3 | (4) Other proof as established by rule. | ||||||
4 | (c) Any advanced practice registered nurse license issued | ||||||
5 | under this Act that expired while the licensee was (1) in | ||||||
6 | federal service on active duty with the Armed Forces of the | ||||||
7 | United States or in the State Militia called into service or | ||||||
8 | training or (2) in training or education under the supervision | ||||||
9 | of the United States preliminary to induction into the military | ||||||
10 | service may have the license restored without paying any lapsed | ||||||
11 | renewal fees if, within 2 years after honorable termination of | ||||||
12 | such service, training, or education, the applicant furnishes | ||||||
13 | the Department with satisfactory evidence to the effect that | ||||||
14 | the applicant has been so engaged and that the individual's | ||||||
15 | service, training, or education has been so terminated. | ||||||
16 | (d) Any licensee who engages in the practice of advanced | ||||||
17 | practice registered nursing with a lapsed license or while on | ||||||
18 | inactive status shall be considered to be practicing without a | ||||||
19 | license, which shall be grounds for discipline under Section | ||||||
20 | 70-5 of this Act. | ||||||
21 | (e) Pending restoration of an advanced practice registered | ||||||
22 | nurse license under this Section, the Department may grant an | ||||||
23 | applicant a temporary permit to practice as an advanced | ||||||
24 | practice registered nurse if the Department is satisfied that | ||||||
25 | the applicant holds an active, unencumbered license in good | ||||||
26 | standing in another jurisdiction. If the applicant holds more |
| |||||||
| |||||||
1 | than one current , active license or one or more active | ||||||
2 | temporary licenses from another jurisdiction, the Department | ||||||
3 | shall not issue a temporary permit until it is satisfied that | ||||||
4 | each current active license held by the applicant is | ||||||
5 | unencumbered. The temporary permit, which shall be issued no | ||||||
6 | later than 14 working days after receipt by the Department of | ||||||
7 | an application for the permit, shall be granted upon the | ||||||
8 | submission of all of the following to the Department: | ||||||
9 | (1) A signed and completed application for restoration | ||||||
10 | of licensure under this Section as an advanced practice | ||||||
11 | registered nurse. | ||||||
12 | (2) Proof of (i) a current, active license in at least | ||||||
13 | one other jurisdiction and proof that each current, active | ||||||
14 | license or temporary permit held by the applicant is | ||||||
15 | unencumbered or (ii) fitness to practice nursing in | ||||||
16 | Illinois, as specified by rule. | ||||||
17 | (3) A signed and completed application for a temporary | ||||||
18 | permit. | ||||||
19 | (4) The required permit fee. | ||||||
20 | (5) Other proof as established by rule. | ||||||
21 | (f) The Department may refuse to issue to an applicant a | ||||||
22 | temporary permit authorized under this Section if, within 14 | ||||||
23 | working days after its receipt of an application for a | ||||||
24 | temporary permit, the Department determines that: | ||||||
25 | (1) the applicant has been convicted within the last 5 | ||||||
26 | years of any crime under the laws of any jurisdiction of |
| |||||||
| |||||||
1 | the United States that is (i) a felony or (ii) a | ||||||
2 | misdemeanor directly related to the practice of the | ||||||
3 | profession; | ||||||
4 | (2) within the last 5 years, the applicant had a | ||||||
5 | license or permit related to the practice of nursing | ||||||
6 | revoked, suspended, or placed on probation by another | ||||||
7 | jurisdiction if at least one of the grounds for revoking, | ||||||
8 | suspending, or placing on probation is the same or | ||||||
9 | substantially equivalent to grounds for disciplinary | ||||||
10 | action under this Act; or | ||||||
11 | (3) the Department intends to deny restoration of the | ||||||
12 | license. | ||||||
13 | (g) The Department may revoke a temporary permit issued | ||||||
14 | under this Section if: | ||||||
15 | (1) the Department determines that the applicant has | ||||||
16 | been convicted within the last 5 years of any crime under | ||||||
17 | the laws of any jurisdiction of the United States that is | ||||||
18 | (i) a felony or (ii) a misdemeanor directly related to the | ||||||
19 | practice of the profession; | ||||||
20 | (2) within the last 5 years, the applicant had a | ||||||
21 | license or permit related to the practice of nursing | ||||||
22 | revoked, suspended, or placed on probation by another | ||||||
23 | jurisdiction, if at least one of the grounds for revoking, | ||||||
24 | suspending, or placing on probation is the same or | ||||||
25 | substantially equivalent to grounds in Illinois; or | ||||||
26 | (3) the Department intends to deny restoration of the |
| |||||||
| |||||||
1 | license. | ||||||
2 | (h) A temporary permit or renewed temporary permit shall | ||||||
3 | expire (i) upon issuance of an Illinois license or (ii) upon | ||||||
4 | notification that the Department intends to deny restoration of | ||||||
5 | licensure. Except as otherwise provided in this Section, a | ||||||
6 | temporary permit shall expire 6 months from the date of | ||||||
7 | issuance. Further renewal may be granted by the Department in | ||||||
8 | hardship cases that shall automatically expire upon issuance of | ||||||
9 | the Illinois license or upon notification that the Department | ||||||
10 | intends to deny licensure, whichever occurs first. No | ||||||
11 | extensions shall be granted beyond the 6-month period unless | ||||||
12 | approved by the Secretary. Notification by the Department under | ||||||
13 | this Section must be by certified or registered mail to the | ||||||
14 | address of record or by email to the email address of record .
| ||||||
15 | (Source: P.A. 95-639, eff. 10-5-07.) | ||||||
16 | (225 ILCS 65/65-25) | ||||||
17 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
18 | Sec. 65-25. Inactive status of a APRN APN license. Any | ||||||
19 | advanced practice registered nurse who notifies the Department | ||||||
20 | in writing on forms prescribed by the Department may elect to | ||||||
21 | place his or her license on inactive status and shall, subject | ||||||
22 | to rules of the Department, be excused from payment of renewal | ||||||
23 | fees until notice is given to the Department in writing of his | ||||||
24 | or her intent to restore the license. | ||||||
25 | Any advanced practice registered nurse requesting |
| |||||||
| |||||||
1 | restoration from inactive status shall be required to pay the | ||||||
2 | current renewal fee and shall be required to restore his or her | ||||||
3 | license, as provided by rule of the Department. | ||||||
4 | Any advanced practice registered nurse whose license is on | ||||||
5 | inactive status shall not practice advanced practice | ||||||
6 | registered nursing, as defined by this Act in the State of | ||||||
7 | Illinois.
| ||||||
8 | (Source: P.A. 95-639, eff. 10-5-07.) | ||||||
9 | (225 ILCS 65/65-30) | ||||||
10 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
11 | Sec. 65-30. APRN APN scope of practice.
| ||||||
12 | (a) Advanced practice registered nursing by certified | ||||||
13 | nurse practitioners, certified nurse anesthetists, certified | ||||||
14 | nurse midwives, or clinical nurse specialists is based on | ||||||
15 | knowledge and skills acquired throughout an advanced practice | ||||||
16 | registered nurse's nursing education, training, and | ||||||
17 | experience. | ||||||
18 | (b) Practice as an advanced practice registered nurse means | ||||||
19 | a scope of nursing practice, with or without compensation, and | ||||||
20 | includes the registered nurse scope of practice. | ||||||
21 | (c) The scope of practice of an advanced practice | ||||||
22 | registered nurse includes, but is not limited to, each of the | ||||||
23 | following: | ||||||
24 | (1) Advanced nursing patient assessment and diagnosis. | ||||||
25 | (2) Ordering diagnostic and therapeutic tests and |
| |||||||
| |||||||
1 | procedures, performing those tests and procedures when using | ||||||
2 | health care equipment, and interpreting and using the results | ||||||
3 | of diagnostic and therapeutic tests and procedures ordered by | ||||||
4 | the advanced practice registered nurse or another health care | ||||||
5 | professional. | ||||||
6 | (3) Ordering treatments, ordering or applying | ||||||
7 | appropriate medical devices, and using nursing medical, | ||||||
8 | therapeutic, and corrective measures to treat illness and | ||||||
9 | improve health status. | ||||||
10 | (4) Providing palliative and end-of-life care. | ||||||
11 | (5) Providing advanced counseling, patient education, | ||||||
12 | health education, and patient advocacy. | ||||||
13 | (6) Prescriptive authority as defined in Section 65-40 | ||||||
14 | of this Act. | ||||||
15 | (7) Delegating selected nursing activities or tasks to | ||||||
16 | a licensed practical nurse, a registered professional nurse, or | ||||||
17 | other personnel.
| ||||||
18 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
19 | (225 ILCS 65/65-35)
(was 225 ILCS 65/15-15)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
21 | Sec. 65-35. Written collaborative
agreements. | ||||||
22 | (a) A written collaborative agreement is required for all | ||||||
23 | advanced practice registered nurses engaged in clinical | ||||||
24 | practice, except for advanced practice registered nurses who | ||||||
25 | are authorized to practice in a hospital, hospital affiliate, |
| |||||||
| |||||||
1 | or ambulatory surgical treatment center. | ||||||
2 | (a-5) If an advanced practice registered nurse engages in | ||||||
3 | clinical practice outside of a hospital, hospital affiliate, or | ||||||
4 | ambulatory surgical treatment center in which he or she is | ||||||
5 | authorized to practice, the advanced practice registered nurse | ||||||
6 | must have a written collaborative agreement.
| ||||||
7 | (b) A written collaborative
agreement shall describe the | ||||||
8 | relationship of the
advanced practice registered nurse with the | ||||||
9 | collaborating
physician or podiatric physician and shall | ||||||
10 | describe the categories of
care, treatment, or procedures to be | ||||||
11 | provided by the advanced
practice registered nurse. A | ||||||
12 | collaborative agreement with a dentist must be in accordance | ||||||
13 | with subsection (c-10) of this Section. Collaboration does not | ||||||
14 | require an
employment relationship between the collaborating | ||||||
15 | physician
or podiatric physician and advanced practice | ||||||
16 | registered nurse.
| ||||||
17 | The collaborative
relationship under an agreement shall | ||||||
18 | not be
construed to require the personal presence of a | ||||||
19 | physician or podiatric physician at the place where services | ||||||
20 | are rendered.
Methods of communication shall
be available for | ||||||
21 | consultation with the collaborating
physician or podiatric | ||||||
22 | physician in person or by telecommunications or electronic | ||||||
23 | communications as set forth in the written
agreement.
| ||||||
24 | (b-5) Absent an employment relationship, a written | ||||||
25 | collaborative agreement may not (1) restrict the categories of | ||||||
26 | patients of an advanced practice registered nurse within the |
| |||||||
| |||||||
1 | scope of the advanced practice registered nurses training and | ||||||
2 | experience, (2) limit third party payors or government health | ||||||
3 | programs, such as the medical assistance program or Medicare | ||||||
4 | with which the advanced practice registered nurse contracts, or | ||||||
5 | (3) limit the geographic area or practice location of the | ||||||
6 | advanced practice registered nurse in this State. | ||||||
7 | (c)
In the case of anesthesia services provided by a | ||||||
8 | certified registered nurse anesthetist, an anesthesiologist, a | ||||||
9 | physician, a dentist, or a podiatric physician must participate | ||||||
10 | through discussion of and agreement with the anesthesia plan | ||||||
11 | and remain physically present and available on the premises | ||||||
12 | during the delivery of anesthesia services for diagnosis, | ||||||
13 | consultation, and treatment of emergency medical conditions.
| ||||||
14 | (c-5) A certified registered nurse anesthetist, who | ||||||
15 | provides anesthesia services outside of a hospital or | ||||||
16 | ambulatory surgical treatment center shall enter into a written | ||||||
17 | collaborative agreement with an anesthesiologist or the | ||||||
18 | physician licensed to practice medicine in all its branches or | ||||||
19 | the podiatric physician performing the procedure. Outside of a | ||||||
20 | hospital or ambulatory surgical treatment center, the | ||||||
21 | certified registered nurse anesthetist may provide only those | ||||||
22 | services that the collaborating podiatric physician is | ||||||
23 | authorized to provide pursuant to the Podiatric Medical | ||||||
24 | Practice Act of 1987 and rules adopted thereunder. A certified | ||||||
25 | registered nurse anesthetist may select, order, and administer | ||||||
26 | medication, including controlled substances, and apply |
| |||||||
| |||||||
1 | appropriate medical devices for delivery of anesthesia | ||||||
2 | services under the anesthesia plan agreed with by the | ||||||
3 | anesthesiologist or the operating physician or operating | ||||||
4 | podiatric physician. | ||||||
5 | (c-10) A certified registered nurse anesthetist who | ||||||
6 | provides anesthesia services in a dental office shall enter | ||||||
7 | into a written collaborative agreement with an | ||||||
8 | anesthesiologist or the physician licensed to practice | ||||||
9 | medicine in all its branches or the operating dentist | ||||||
10 | performing the procedure. The agreement shall describe the | ||||||
11 | working relationship of the certified registered nurse | ||||||
12 | anesthetist and dentist and shall authorize the categories of | ||||||
13 | care, treatment, or procedures to be performed by the certified | ||||||
14 | registered nurse anesthetist. In a collaborating dentist's | ||||||
15 | office, the certified registered nurse anesthetist may only | ||||||
16 | provide those services that the operating dentist with the | ||||||
17 | appropriate permit is authorized to provide pursuant to the | ||||||
18 | Illinois Dental Practice Act and rules adopted thereunder. For | ||||||
19 | anesthesia services, an anesthesiologist, physician, or | ||||||
20 | operating dentist shall participate through discussion of and | ||||||
21 | agreement with the anesthesia plan and shall remain physically | ||||||
22 | present and be available on the premises during the delivery of | ||||||
23 | anesthesia services for diagnosis, consultation, and treatment | ||||||
24 | of emergency medical conditions. A certified registered nurse | ||||||
25 | anesthetist may select, order, and administer medication, | ||||||
26 | including controlled substances, and apply appropriate medical |
| |||||||
| |||||||
1 | devices for delivery of anesthesia services under the | ||||||
2 | anesthesia plan agreed with by the operating dentist. | ||||||
3 | (d) A copy of the signed, written collaborative agreement | ||||||
4 | must be available
to the Department upon request from both the | ||||||
5 | advanced practice registered nurse
and the collaborating | ||||||
6 | physician, dentist, or podiatric physician. | ||||||
7 | (e) Nothing in this Act shall be construed to limit the | ||||||
8 | delegation of tasks or duties by a physician to a licensed | ||||||
9 | practical nurse, a registered professional nurse, or other | ||||||
10 | persons in accordance with Section 54.2 of the Medical Practice | ||||||
11 | Act of 1987. Nothing in this Act shall be construed to limit | ||||||
12 | the method of delegation that may be authorized by any means, | ||||||
13 | including, but not limited to, oral, written, electronic, | ||||||
14 | standing orders, protocols, guidelines, or verbal orders. | ||||||
15 | Nothing in this Act shall be construed to authorize an advanced | ||||||
16 | practice registered nurse to provide health care services | ||||||
17 | required by law or rule to be performed by a physician. | ||||||
18 | (f) An advanced
practice registered nurse shall inform each | ||||||
19 | collaborating physician, dentist, or podiatric physician of | ||||||
20 | all collaborative
agreements he or she
has signed and provide a | ||||||
21 | copy of these to any collaborating physician, dentist, or | ||||||
22 | podiatric physician upon
request.
| ||||||
23 | (g) (Blank). | ||||||
24 | (Source: P.A. 98-192, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756, | ||||||
25 | eff. 7-16-14; 99-173, eff. 7-29-15.)
|
| |||||||
| |||||||
1 | (225 ILCS 65/65-35.1) | ||||||
2 | (Section scheduled to be repealed on January 1, 2018) | ||||||
3 | Sec. 65-35.1. Written collaborative agreement; temporary | ||||||
4 | practice. Any advanced practice registered nurse required to | ||||||
5 | enter into a written collaborative agreement with a | ||||||
6 | collaborating physician or collaborating podiatrist is | ||||||
7 | authorized to continue to practice for up to 90 days after the | ||||||
8 | termination of a collaborative agreement provided the advanced | ||||||
9 | practice registered nurse seeks any needed collaboration at a | ||||||
10 | local hospital and refers patients who require services beyond | ||||||
11 | the training and experience of the advanced practice registered | ||||||
12 | nurse to a physician or other health care provider.
| ||||||
13 | (Source: P.A. 99-173, eff. 7-29-15.)
| ||||||
14 | (225 ILCS 65/65-40)
(was 225 ILCS 65/15-20)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
16 | Sec. 65-40. Written collaborative agreement; prescriptive | ||||||
17 | authority.
| ||||||
18 | (a) A collaborating
physician or podiatric physician may, | ||||||
19 | but is not required to, delegate
prescriptive authority to an | ||||||
20 | advanced practice registered
nurse as part of a written | ||||||
21 | collaborative agreement. This authority may, but is
not | ||||||
22 | required to, include
prescription of, selection of, orders for, | ||||||
23 | administration of, storage of, acceptance of samples of, and | ||||||
24 | dispensing over the counter medications, legend drugs, medical | ||||||
25 | gases, and controlled
substances categorized as
any Schedule |
| |||||||
| |||||||
1 | III through V controlled substances, as defined in Article II | ||||||
2 | of the
Illinois Controlled Substances Act, and other | ||||||
3 | preparations, including, but not limited to, botanical and | ||||||
4 | herbal remedies. The collaborating physician or podiatric | ||||||
5 | physician must have a valid current Illinois controlled | ||||||
6 | substance license and federal registration to delegate | ||||||
7 | authority to prescribe delegated controlled substances.
| ||||||
8 | (b) To prescribe controlled
substances under this Section, | ||||||
9 | an advanced practice registered
nurse must obtain a mid-level | ||||||
10 | practitioner controlled substance license.
Medication orders | ||||||
11 | shall be
reviewed
periodically by the collaborating physician | ||||||
12 | or podiatric physician.
| ||||||
13 | (c) The collaborating physician or podiatric physician | ||||||
14 | shall file with the
Department notice of delegation of | ||||||
15 | prescriptive authority
and
termination of such delegation, in | ||||||
16 | accordance with rules of the Department.
Upon receipt of this | ||||||
17 | notice delegating authority to prescribe any Schedule III | ||||||
18 | through V controlled substances, the licensed advanced | ||||||
19 | practice registered nurse shall be
eligible to register for a | ||||||
20 | mid-level practitioner controlled substance license
under | ||||||
21 | Section 303.05 of the Illinois Controlled Substances Act.
| ||||||
22 | (d) In addition to the requirements of subsections (a), | ||||||
23 | (b), and (c) of this Section, a collaborating physician or | ||||||
24 | podiatric physician may, but is not required to, delegate | ||||||
25 | authority to an advanced practice registered nurse to prescribe | ||||||
26 | any Schedule II controlled substances, if all of the following |
| |||||||
| |||||||
1 | conditions apply: | ||||||
2 | (1) Specific Schedule II controlled substances by oral | ||||||
3 | dosage or topical or transdermal application may be | ||||||
4 | delegated, provided that the delegated Schedule II | ||||||
5 | controlled substances are routinely prescribed by the | ||||||
6 | collaborating physician or podiatric physician. This | ||||||
7 | delegation must identify the specific Schedule II | ||||||
8 | controlled substances by either brand name or generic name. | ||||||
9 | Schedule II controlled substances to be delivered by | ||||||
10 | injection or other route of administration may not be | ||||||
11 | delegated. | ||||||
12 | (2) Any delegation must be controlled substances that | ||||||
13 | the collaborating physician or podiatric physician | ||||||
14 | prescribes. | ||||||
15 | (3) Any prescription must be limited to no more than a | ||||||
16 | 30-day supply, with any continuation authorized only after | ||||||
17 | prior approval of the collaborating physician or podiatric | ||||||
18 | physician. | ||||||
19 | (4) The advanced practice registered nurse must | ||||||
20 | discuss the condition of any patients for whom a controlled | ||||||
21 | substance is prescribed monthly with the delegating | ||||||
22 | physician. | ||||||
23 | (5) The advanced practice registered nurse meets the | ||||||
24 | education requirements of Section 303.05 of the Illinois | ||||||
25 | Controlled Substances Act.
| ||||||
26 | (e) Nothing in this Act shall be construed to limit the |
| |||||||
| |||||||
1 | delegation of tasks
or duties by a physician to a licensed | ||||||
2 | practical nurse, a registered
professional nurse, or other | ||||||
3 | persons. Nothing in this Act shall be construed to limit the | ||||||
4 | method of delegation that may be authorized by any means, | ||||||
5 | including, but not limited to, oral, written, electronic, | ||||||
6 | standing orders, protocols, guidelines, or verbal orders.
| ||||||
7 | (f) Nothing in this Section shall be construed to apply to | ||||||
8 | any medication authority including Schedule II controlled | ||||||
9 | substances of an advanced practice registered nurse for care | ||||||
10 | provided in a hospital, hospital affiliate, or ambulatory | ||||||
11 | surgical treatment center pursuant to Section 65-45. | ||||||
12 | (g) Any advanced practice registered nurse who writes a | ||||||
13 | prescription for a controlled substance without having a valid | ||||||
14 | appropriate authority may be fined by the Department not more | ||||||
15 | than $50 per prescription, and the Department may take any | ||||||
16 | other disciplinary action provided for in this Act. | ||||||
17 | (h) Nothing in this Section shall be construed to prohibit | ||||||
18 | generic substitution. | ||||||
19 | (Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)
| ||||||
20 | (225 ILCS 65/65-45)
(was 225 ILCS 65/15-25)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
22 | Sec. 65-45. Advanced practice registered nursing in | ||||||
23 | hospitals, hospital affiliates, or ambulatory surgical | ||||||
24 | treatment centers.
| ||||||
25 | (a) An advanced practice registered nurse may provide
|
| |||||||
| |||||||
1 | services in a hospital or a hospital affiliate as those terms | ||||||
2 | are defined in the Hospital Licensing Act or the University of | ||||||
3 | Illinois Hospital Act or a licensed ambulatory surgical
| ||||||
4 | treatment center without a written collaborative agreement | ||||||
5 | pursuant to Section 65-35 of this Act. An advanced practice | ||||||
6 | registered nurse must possess clinical privileges recommended | ||||||
7 | by the hospital medical staff and granted by the hospital or | ||||||
8 | the consulting medical staff committee and ambulatory surgical | ||||||
9 | treatment center in order to provide services. The medical | ||||||
10 | staff or consulting medical staff committee shall periodically | ||||||
11 | review the services of advanced practice registered nurses | ||||||
12 | granted clinical privileges, including any care provided in a | ||||||
13 | hospital affiliate. Authority may also be granted when | ||||||
14 | recommended by the hospital medical staff and granted by the | ||||||
15 | hospital or recommended by the consulting medical staff | ||||||
16 | committee and ambulatory surgical treatment center to | ||||||
17 | individual advanced practice registered nurses to select, | ||||||
18 | order, and administer medications, including controlled | ||||||
19 | substances, to provide delineated care. In a hospital, hospital | ||||||
20 | affiliate, or ambulatory surgical treatment center, the | ||||||
21 | attending physician shall determine an advanced practice | ||||||
22 | registered nurse's role in providing care for his or her | ||||||
23 | patients, except as otherwise provided in the medical staff | ||||||
24 | bylaws or consulting committee policies.
| ||||||
25 | (a-2) An advanced practice registered nurse granted | ||||||
26 | authority to order medications including controlled substances |
| |||||||
| |||||||
1 | may complete discharge prescriptions provided the prescription | ||||||
2 | is in the name of the advanced practice registered nurse and | ||||||
3 | the attending or discharging physician. | ||||||
4 | (a-3) Advanced practice registered nurses practicing in a | ||||||
5 | hospital or an ambulatory surgical treatment center are not | ||||||
6 | required to obtain a mid-level controlled substance license to | ||||||
7 | order controlled substances under Section 303.05 of the | ||||||
8 | Illinois Controlled Substances Act. | ||||||
9 | (a-5) For
anesthesia services provided by a certified | ||||||
10 | registered nurse anesthetist, an anesthesiologist,
physician, | ||||||
11 | dentist,
or podiatric physician shall participate through | ||||||
12 | discussion of and agreement with the
anesthesia plan and shall
| ||||||
13 | remain
physically present
and be available on the premises | ||||||
14 | during the delivery of anesthesia services for
diagnosis, | ||||||
15 | consultation, and treatment of
emergency medical conditions, | ||||||
16 | unless hospital policy adopted pursuant to
clause (B) of | ||||||
17 | subdivision (3) of Section 10.7 of the Hospital Licensing Act
| ||||||
18 | or ambulatory surgical treatment center policy adopted | ||||||
19 | pursuant to
clause (B) of subdivision (3) of Section 6.5 of the | ||||||
20 | Ambulatory Surgical
Treatment Center Act
provides otherwise. A | ||||||
21 | certified registered nurse anesthetist may select, order, and | ||||||
22 | administer medication for anesthesia services under the | ||||||
23 | anesthesia plan agreed to by the anesthesiologist or the | ||||||
24 | physician, in accordance with hospital alternative policy or | ||||||
25 | the medical staff consulting committee policies of a licensed | ||||||
26 | ambulatory surgical treatment center.
|
| |||||||
| |||||||
1 | (b) An advanced practice registered nurse who provides
| ||||||
2 | services in a hospital shall do so in accordance with Section | ||||||
3 | 10.7 of the
Hospital
Licensing Act and, in an
ambulatory | ||||||
4 | surgical treatment center, in accordance with Section 6.5 of | ||||||
5 | the
Ambulatory
Surgical Treatment Center Act.
| ||||||
6 | (c) Advanced practice registered nurses certified as nurse | ||||||
7 | practitioners, nurse midwives, or clinical nurse specialists | ||||||
8 | practicing in a hospital affiliate may be, but are not required | ||||||
9 | to be, granted authority to prescribe Schedule II through V | ||||||
10 | controlled substances when such authority is recommended by the | ||||||
11 | appropriate physician committee of the hospital affiliate and | ||||||
12 | granted by the hospital affiliate. This authority may, but is | ||||||
13 | not required to, include prescription of, selection of, orders | ||||||
14 | for, administration of, storage of, acceptance of samples of, | ||||||
15 | and dispensing over-the-counter medications, legend drugs, | ||||||
16 | medical gases, and controlled substances categorized as | ||||||
17 | Schedule II through V controlled substances, as defined in | ||||||
18 | Article II of the Illinois Controlled Substances Act, and other | ||||||
19 | preparations, including, but not limited to, botanical and | ||||||
20 | herbal remedies. | ||||||
21 | To prescribe controlled substances under this subsection | ||||||
22 | (c), an advanced practice registered nurse certified as a nurse | ||||||
23 | practitioner, nurse midwife, or clinical nurse specialist must | ||||||
24 | obtain a mid-level practitioner controlled substance license. | ||||||
25 | Medication orders shall be reviewed periodically by the | ||||||
26 | appropriate hospital affiliate physicians committee or its |
| |||||||
| |||||||
1 | physician designee. | ||||||
2 | The hospital affiliate shall file with the Department | ||||||
3 | notice of a grant of prescriptive authority consistent with | ||||||
4 | this subsection (c) and termination of such a grant of | ||||||
5 | authority, in accordance with rules of the Department. Upon | ||||||
6 | receipt of this notice of grant of authority to prescribe any | ||||||
7 | Schedule II through V controlled substances, the licensed | ||||||
8 | advanced practice registered nurse certified as a nurse | ||||||
9 | practitioner, nurse midwife, or clinical nurse specialist may | ||||||
10 | register for a mid-level practitioner controlled substance | ||||||
11 | license under Section 303.05 of the Illinois Controlled | ||||||
12 | Substances Act. | ||||||
13 | In addition, a hospital affiliate may, but is not required | ||||||
14 | to, grant authority to an advanced practice registered nurse | ||||||
15 | certified as a nurse practitioner, nurse midwife, or clinical | ||||||
16 | nurse specialist to prescribe any Schedule II controlled | ||||||
17 | substances, if all of the following conditions apply: | ||||||
18 | (1) specific Schedule II controlled substances by oral | ||||||
19 | dosage or topical or transdermal application may be | ||||||
20 | designated, provided that the designated Schedule II | ||||||
21 | controlled substances are routinely prescribed by advanced | ||||||
22 | practice registered nurses in their area of certification; | ||||||
23 | this grant of authority must identify the specific Schedule | ||||||
24 | II controlled substances by either brand name or generic | ||||||
25 | name; authority to prescribe or dispense Schedule II | ||||||
26 | controlled substances to be delivered by injection or other |
| |||||||
| |||||||
1 | route of administration may not be granted; | ||||||
2 | (2) any grant of authority must be controlled | ||||||
3 | substances limited to the practice of the advanced practice | ||||||
4 | registered nurse; | ||||||
5 | (3) any prescription must be limited to no more than a | ||||||
6 | 30-day supply; | ||||||
7 | (4) the advanced practice registered nurse must | ||||||
8 | discuss the condition of any patients for whom a controlled | ||||||
9 | substance is prescribed monthly with the appropriate | ||||||
10 | physician committee of the hospital affiliate or its | ||||||
11 | physician designee; and | ||||||
12 | (5) the advanced practice registered nurse must meet | ||||||
13 | the education requirements of Section 303.05 of the | ||||||
14 | Illinois Controlled Substances Act. | ||||||
15 | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
| ||||||
16 | (225 ILCS 65/65-50)
(was 225 ILCS 65/15-30)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
18 | Sec. 65-50. APRN APN title.
| ||||||
19 | (a) No person shall use any words, abbreviations, figures,
| ||||||
20 | letters, title, sign, card, or device tending to imply that
he | ||||||
21 | or she is an advanced practice registered nurse, including ,
but | ||||||
22 | not limited to , using the titles or initials "Advanced
Practice | ||||||
23 | Registered Nurse", "Certified Nurse Midwife", "Certified Nurse | ||||||
24 | Practitioner",
"Certified Registered Nurse Anesthetist", | ||||||
25 | "Clinical Nurse Specialist", "A.P.R.N."
"A.P.N." , "C.N.M.", |
| |||||||
| |||||||
1 | "C.N.P.",
"C.R.N.A.", "C.N.S.", or similar titles or initials, | ||||||
2 | with the
intention of indicating practice as an advanced | ||||||
3 | practice registered
nurse without meeting the requirements of | ||||||
4 | this
Act. For purposes of this provision, the terms "advanced | ||||||
5 | practice nurse" and "A.P.N." are considered to be similar | ||||||
6 | titles or initials protected by this subsection (a).
| ||||||
7 | (b) No advanced practice registered nurse shall indicate to | ||||||
8 | other persons that he or she is qualified to engage in the | ||||||
9 | practice of medicine.
| ||||||
10 | (c) An advanced practice registered nurse shall verbally
| ||||||
11 | identify himself or herself as an advanced practice registered
| ||||||
12 | nurse, including specialty certification, to each
patient.
| ||||||
13 | (d) Nothing in this Act shall be construed to relieve
an | ||||||
14 | advanced practice registered nurse of the
professional or legal | ||||||
15 | responsibility for the care and
treatment of persons attended | ||||||
16 | by him or her.
| ||||||
17 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
18 | (225 ILCS 65/65-55)
(was 225 ILCS 65/15-40)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
20 | Sec. 65-55. Advertising as an APRN APN .
| ||||||
21 | (a) A person licensed under this Act as an advanced | ||||||
22 | practice registered nurse
may advertise the availability of | ||||||
23 | professional services in
the public media or on the premises | ||||||
24 | where the professional
services are rendered. The advertising | ||||||
25 | shall be limited to
the following information:
|
| |||||||
| |||||||
1 | (1) publication of the person's name, title, office
| ||||||
2 | hours, address, and telephone number;
| ||||||
3 | (2) information pertaining to the person's areas of
| ||||||
4 | specialization, including , but not limited to , appropriate | ||||||
5 | board certification
or limitation of professional | ||||||
6 | practice;
| ||||||
7 | (3) publication of the person's collaborating
| ||||||
8 | physician's, dentist's, or podiatric physician's name, | ||||||
9 | title, and areas of specialization;
| ||||||
10 | (4) information on usual and customary fees for
routine | ||||||
11 | professional services offered, which shall include | ||||||
12 | notification that
fees may be
adjusted due to complications | ||||||
13 | or unforeseen circumstances;
| ||||||
14 | (5) announcements of the opening of, change of,
absence | ||||||
15 | from, or return to business;
| ||||||
16 | (6) announcement of additions to or deletions from
| ||||||
17 | professional licensed staff; and
| ||||||
18 | (7) the issuance of business or appointment cards.
| ||||||
19 | (b) It is unlawful for a person licensed under this Act as | ||||||
20 | an advanced practice registered nurse to use testimonials or | ||||||
21 | claims of superior quality of
care to entice the public. It | ||||||
22 | shall be unlawful to advertise
fee comparisons of available | ||||||
23 | services with those of other
licensed persons.
| ||||||
24 | (c) This Article does not authorize the advertising of
| ||||||
25 | professional services that the offeror of the services is
not | ||||||
26 | licensed or authorized to render. Nor shall the
advertiser use |
| |||||||
| |||||||
1 | statements that contain false, fraudulent,
deceptive, or | ||||||
2 | misleading material or guarantees of success,
statements that | ||||||
3 | play upon the vanity or fears of the public,
or statements that | ||||||
4 | promote or produce unfair competition.
| ||||||
5 | (d) It is unlawful and punishable under the penalty
| ||||||
6 | provisions of this Act for a person licensed under this Article | ||||||
7 | to
knowingly advertise that the licensee will accept as payment
| ||||||
8 | for services rendered by assignment from any third party
payor | ||||||
9 | the amount the third party payor covers as payment in
full, if | ||||||
10 | the effect is to give the impression of eliminating
the need of | ||||||
11 | payment by the patient of any required deductible
or copayment | ||||||
12 | applicable in the patient's health benefit plan.
| ||||||
13 | (e) A licensee shall include in every advertisement for | ||||||
14 | services
regulated under this Act his or her title as it | ||||||
15 | appears on the license or the
initials authorized under this | ||||||
16 | Act.
| ||||||
17 | (f) As used in this Section, "advertise" means
solicitation | ||||||
18 | by the licensee or through another person or entity by means of
| ||||||
19 | handbills, posters, circulars, motion pictures, radio,
| ||||||
20 | newspapers, or television or any other manner.
| ||||||
21 | (Source: P.A. 98-214, eff. 8-9-13.)
| ||||||
22 | (225 ILCS 65/65-65)
(was 225 ILCS 65/15-55)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
24 | Sec. 65-65. Reports relating to APRN APN professional | ||||||
25 | conduct and
capacity. |
| |||||||
| |||||||
1 | (a) Entities Required to Report.
| ||||||
2 | (1) Health Care Institutions. The chief
administrator | ||||||
3 | or executive officer of a health care
institution licensed | ||||||
4 | by the Department of Public
Health, which provides the | ||||||
5 | minimum due process set forth
in Section 10.4 of the | ||||||
6 | Hospital Licensing Act, shall
report to the Board when an | ||||||
7 | advanced practice registered nurse's organized | ||||||
8 | professional staff
clinical
privileges are terminated or | ||||||
9 | are restricted based on a
final determination, in | ||||||
10 | accordance with that
institution's bylaws or rules and | ||||||
11 | regulations, that (i) a
person has either committed an act | ||||||
12 | or acts that may
directly threaten patient care and that | ||||||
13 | are not of an
administrative nature or (ii) that a person | ||||||
14 | may have a mental or physical disability that may endanger
| ||||||
15 | patients under that person's care. The chief administrator | ||||||
16 | or officer
shall also report if an advanced practice | ||||||
17 | registered nurse accepts voluntary termination or
| ||||||
18 | restriction of clinical privileges in lieu of formal
action | ||||||
19 | based upon conduct related directly to patient
care and not | ||||||
20 | of an administrative nature, or in lieu of
formal action | ||||||
21 | seeking to determine whether a person may
have a mental or | ||||||
22 | physical disability that may
endanger patients under that | ||||||
23 | person's care. The Department
Board shall provide by rule | ||||||
24 | for the reporting to it of
all instances in which a person | ||||||
25 | licensed under this Article, who is impaired by reason of | ||||||
26 | age, drug, or
alcohol abuse or physical or mental |
| |||||||
| |||||||
1 | impairment, is under
supervision and, where appropriate, | ||||||
2 | is in a program of
rehabilitation. Reports submitted under | ||||||
3 | this subsection shall be strictly
confidential and may be | ||||||
4 | reviewed and considered only by
the members of the Board or | ||||||
5 | authorized staff as
provided by rule of the Department | ||||||
6 | Board . Provisions shall be
made for the periodic report of | ||||||
7 | the status of any such reported
person not less than twice | ||||||
8 | annually in order that the
Board shall have current | ||||||
9 | information upon which to
determine the status of that | ||||||
10 | person. Initial
and periodic reports of impaired advanced | ||||||
11 | practice registered
nurses shall not be considered records | ||||||
12 | within
the meaning of the State Records Act and shall be
| ||||||
13 | disposed of, following a determination by the
Board
that | ||||||
14 | such reports are no longer required, in a manner and
at an | ||||||
15 | appropriate time as the Board shall determine by rule.
The | ||||||
16 | filing of reports submitted under this subsection shall be | ||||||
17 | construed as the
filing of a report for purposes of | ||||||
18 | subsection (c) of this
Section.
| ||||||
19 | (2) Professional Associations. The President or
chief | ||||||
20 | executive officer of an association or society of
persons | ||||||
21 | licensed under this Article, operating within
this State, | ||||||
22 | shall report to the Board when the
association or society | ||||||
23 | renders a final determination that
a person licensed under | ||||||
24 | this Article has committed unprofessional conduct
related
| ||||||
25 | directly to patient care or that a person may have a mental | ||||||
26 | or physical disability that may endanger
patients under the |
| |||||||
| |||||||
1 | person's care.
| ||||||
2 | (3) Professional Liability Insurers. Every
insurance | ||||||
3 | company that offers policies of professional
liability | ||||||
4 | insurance to persons licensed under this
Article, or any | ||||||
5 | other entity that seeks to indemnify the
professional | ||||||
6 | liability of a person licensed under this
Article, shall | ||||||
7 | report to the Board the settlement of
any claim or cause of | ||||||
8 | action, or final judgment rendered
in any cause of action, | ||||||
9 | that alleged negligence in the
furnishing of patient care | ||||||
10 | by the licensee when
the settlement or final judgment is in | ||||||
11 | favor of the
plaintiff.
| ||||||
12 | (4) State's Attorneys. The State's Attorney of each
| ||||||
13 | county shall report to the Board all instances in
which a | ||||||
14 | person licensed under this Article is convicted
or | ||||||
15 | otherwise found guilty of the commission of a
felony.
| ||||||
16 | (5) State Agencies. All agencies, boards,
commissions, | ||||||
17 | departments, or other instrumentalities of
the government | ||||||
18 | of this State shall report to
the Board any instance | ||||||
19 | arising in connection with
the operations of the agency, | ||||||
20 | including the
administration of any law by the agency, in | ||||||
21 | which a
person licensed under this Article has either | ||||||
22 | committed
an act or acts that may constitute a violation of | ||||||
23 | this Article,
that may constitute unprofessional conduct | ||||||
24 | related
directly to patient care, or that indicates that a | ||||||
25 | person
licensed under this Article may have a mental or | ||||||
26 | physical disability that may endanger patients under
that |
| |||||||
| |||||||
1 | person's care.
| ||||||
2 | (b) Mandatory Reporting. All reports required under items
| ||||||
3 | (16) and (17) of subsection (a) of Section 70-5 shall
be | ||||||
4 | submitted to
the
Board in a timely fashion. The reports shall | ||||||
5 | be filed in writing
within
60 days after a determination that a | ||||||
6 | report is required
under this Article. All reports shall | ||||||
7 | contain the following
information:
| ||||||
8 | (1) The name, address, and telephone number of the
| ||||||
9 | person making the report.
| ||||||
10 | (2) The name, address, and telephone number of the
| ||||||
11 | person who is the subject of the report.
| ||||||
12 | (3) The name or other means of identification of any
| ||||||
13 | patient or patients whose treatment is a subject of the
| ||||||
14 | report, except that no medical records may be
revealed | ||||||
15 | without the written consent of the patient or
patients.
| ||||||
16 | (4) A brief description of the facts that gave rise
to | ||||||
17 | the issuance of the report, including , but not limited to , | ||||||
18 | the dates of any
occurrences deemed to necessitate the | ||||||
19 | filing of the
report.
| ||||||
20 | (5) If court action is involved, the identity of the
| ||||||
21 | court in which the action is filed, the docket
number, and | ||||||
22 | date of filing of the action.
| ||||||
23 | (6) Any further pertinent information that the
| ||||||
24 | reporting party deems to be an aid in the evaluation of
the | ||||||
25 | report.
| ||||||
26 | Nothing contained in this Section shall be construed
to in |
| |||||||
| |||||||
1 | any way waive or modify the confidentiality of
medical reports | ||||||
2 | and committee reports to the extent
provided by law. Any | ||||||
3 | information reported or disclosed
shall be kept for the | ||||||
4 | confidential use of the Board,
the Board's attorneys, the | ||||||
5 | investigative staff, and
authorized clerical staff and shall be | ||||||
6 | afforded the
same status as is provided information concerning | ||||||
7 | medical
studies in Part 21 of Article VIII of the Code of Civil
| ||||||
8 | Procedure.
| ||||||
9 | (c) Immunity from Prosecution. An individual or
| ||||||
10 | organization acting in good faith, and not in a willful wilful | ||||||
11 | and
wanton manner, in complying with this Section by providing
| ||||||
12 | a report or other information to the Board, by
assisting in the | ||||||
13 | investigation or preparation of a report or
information, by | ||||||
14 | participating in proceedings of the
Board, or by serving as a | ||||||
15 | member of the Board shall not, as
a result of such actions, be | ||||||
16 | subject to criminal prosecution
or civil damages.
| ||||||
17 | (d) Indemnification. Members of the Board, the
Board's | ||||||
18 | attorneys, the investigative staff, advanced
practice | ||||||
19 | registered nurses or physicians retained under
contract to | ||||||
20 | assist and advise in the investigation, and
authorized clerical | ||||||
21 | staff shall be indemnified by the State
for any actions (i) | ||||||
22 | occurring within the scope of services on the
Board, (ii) | ||||||
23 | performed in good faith, and (iii) not willful wilful and | ||||||
24 | wanton in
nature. The Attorney General shall defend all actions | ||||||
25 | taken against those
persons
unless he or she determines either | ||||||
26 | that there would be a
conflict of interest in the |
| |||||||
| |||||||
1 | representation or that the
actions complained of were not | ||||||
2 | performed in good faith or were willful wilful
and wanton in | ||||||
3 | nature. If the Attorney General declines
representation, the | ||||||
4 | member shall have the right to employ
counsel of his or her | ||||||
5 | choice, whose fees shall be provided by
the State, after | ||||||
6 | approval by the Attorney General, unless
there is a | ||||||
7 | determination by a court that the member's actions
were not | ||||||
8 | performed in good faith or were willful wilful and wanton in | ||||||
9 | nature. The
member
shall notify the Attorney General within 7 | ||||||
10 | days of receipt of
notice of the initiation of an action | ||||||
11 | involving services of
the Board. Failure to so notify the | ||||||
12 | Attorney General
shall constitute an absolute waiver of the | ||||||
13 | right to a defense
and indemnification. The Attorney General | ||||||
14 | shall determine
within 7 days after receiving the notice | ||||||
15 | whether he or she
will undertake to represent the member.
| ||||||
16 | (e) Deliberations of Board. Upon the receipt of a
report | ||||||
17 | called for by this Section, other than those reports
of | ||||||
18 | impaired persons licensed under this Article
required
pursuant | ||||||
19 | to the rules of the Board, the Board shall
notify in writing by | ||||||
20 | certified or registered mail or by email to the email address | ||||||
21 | of record the person who is the
subject of the report. The | ||||||
22 | notification shall be made
within 30 days of receipt by the | ||||||
23 | Board of the report.
The notification shall include a written | ||||||
24 | notice setting forth
the person's right to examine the report. | ||||||
25 | Included in the
notification shall be the address at which the | ||||||
26 | file is
maintained, the name of the custodian of the reports, |
| |||||||
| |||||||
1 | and the
telephone number at which the custodian may be reached. | ||||||
2 | The
person who is the subject of the report shall submit a
| ||||||
3 | written statement responding to, clarifying, adding to, or
| ||||||
4 | proposing to amend the report previously filed. The
statement | ||||||
5 | shall become a permanent part of the file and shall
be received | ||||||
6 | by the Board no more than 30 days after the
date on which the | ||||||
7 | person was notified of the existence of the
original report. | ||||||
8 | The
Board shall review all reports
received by it and any | ||||||
9 | supporting information and
responding statements submitted by | ||||||
10 | persons who are the
subject of reports. The review by the
Board | ||||||
11 | shall be in
a timely manner but in no event shall the
Board's
| ||||||
12 | initial review of the material contained in each disciplinary
| ||||||
13 | file be less than 61 days nor more than 180 days after the
| ||||||
14 | receipt of the initial report by the Board. When the
Board | ||||||
15 | makes its initial review of the materials
contained within its | ||||||
16 | disciplinary files, the Board
shall, in writing, make a | ||||||
17 | determination as to whether there
are sufficient facts to | ||||||
18 | warrant further investigation or
action. Failure to make that | ||||||
19 | determination within the time
provided shall be deemed to be a | ||||||
20 | determination that there are
not sufficient facts to warrant | ||||||
21 | further investigation or
action. Should the Board find that | ||||||
22 | there are not
sufficient facts to warrant further investigation | ||||||
23 | or action,
the report shall be accepted for filing and the | ||||||
24 | matter shall
be deemed closed and so reported. The individual | ||||||
25 | or entity
filing the original report or complaint and the | ||||||
26 | person who is
the subject of the report or complaint shall be |
| |||||||
| |||||||
1 | notified in
writing by the
Board of any final action on their | ||||||
2 | report
or complaint.
| ||||||
3 | (f) (Blank). Summary Reports. The Board shall prepare, on a
| ||||||
4 | timely basis, but in no event less than one every other
month, | ||||||
5 | a summary report of final actions taken upon
disciplinary files | ||||||
6 | maintained by the Board. The summary
reports shall be made | ||||||
7 | available to the public upon request and payment of the fees | ||||||
8 | set by the Department. This publication may be made available | ||||||
9 | to the public on the Department's Internet website.
| ||||||
10 | (g) Any violation of this Section shall constitute a Class | ||||||
11 | A
misdemeanor.
| ||||||
12 | (h) If a person violates the provisions of this
Section, an | ||||||
13 | action may be brought in the name of the People of
the State of | ||||||
14 | Illinois, through the Attorney General of the
State of | ||||||
15 | Illinois, for an order enjoining the violation or
for an order | ||||||
16 | enforcing compliance with this Section. Upon
filing of a | ||||||
17 | verified petition in court, the court may
issue a temporary | ||||||
18 | restraining order without notice or bond
and may preliminarily | ||||||
19 | or permanently enjoin the violation,
and if it is established | ||||||
20 | that the person has violated or is
violating the injunction, | ||||||
21 | the court may punish the offender
for contempt of court. | ||||||
22 | Proceedings under this subsection
shall be in addition to, and | ||||||
23 | not in lieu of, all other
remedies and penalties provided for | ||||||
24 | by this Section.
| ||||||
25 | (Source: P.A. 99-143, eff. 7-27-15.)
|
| |||||||
| |||||||
1 | (225 ILCS 65/70-5)
(was 225 ILCS 65/10-45)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
3 | Sec. 70-5. Grounds for disciplinary action.
| ||||||
4 | (a) The Department may
refuse to issue or
to renew, or may | ||||||
5 | revoke, suspend, place on
probation, reprimand, or take other | ||||||
6 | disciplinary or non-disciplinary action as the Department
may | ||||||
7 | deem appropriate, including fines not to exceed $10,000 per | ||||||
8 | violation, with regard to a license for any one or combination
| ||||||
9 | of the causes set forth in subsection (b) below.
All fines | ||||||
10 | collected under this Section shall be deposited in the Nursing
| ||||||
11 | Dedicated and Professional Fund.
| ||||||
12 | (b) Grounds for disciplinary action include the following:
| ||||||
13 | (1) Material deception in furnishing information to | ||||||
14 | the
Department.
| ||||||
15 | (2) Material violations of any provision of this Act or | ||||||
16 | violation of the rules of or final administrative action of
| ||||||
17 | the Secretary, after consideration of the recommendation | ||||||
18 | of the Board.
| ||||||
19 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
20 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
21 | sentencing of any crime, including, but not limited to, | ||||||
22 | convictions, preceding sentences of supervision, | ||||||
23 | conditional discharge, or first offender probation, under | ||||||
24 | the laws of any jurisdiction
of the
United States: (i) that | ||||||
25 | is a felony; or (ii) that is a misdemeanor, an
essential | ||||||
26 | element of which is dishonesty, or that is
directly related |
| |||||||
| |||||||
1 | to the practice of the profession.
| ||||||
2 | (4) A pattern of practice or other behavior which | ||||||
3 | demonstrates
incapacity
or incompetency to practice under | ||||||
4 | this Act.
| ||||||
5 | (5) Knowingly aiding or assisting another person in | ||||||
6 | violating
any
provision of this Act or rules.
| ||||||
7 | (6) Failing, within 90 days, to provide a response to a | ||||||
8 | request
for
information in response to a written request | ||||||
9 | made by the Department by
certified or registered mail or | ||||||
10 | by email to the email address of record .
| ||||||
11 | (7) Engaging in dishonorable, unethical or | ||||||
12 | unprofessional
conduct of a
character likely to deceive, | ||||||
13 | defraud or harm the public, as defined by
rule.
| ||||||
14 | (8) Unlawful taking, theft, selling, distributing, or | ||||||
15 | manufacturing of any drug, narcotic, or
prescription
| ||||||
16 | device.
| ||||||
17 | (9) Habitual or excessive use or addiction to alcohol,
| ||||||
18 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
19 | that could result in a licensee's
inability to practice | ||||||
20 | with reasonable judgment, skill or safety.
| ||||||
21 | (10) Discipline by another U.S. jurisdiction or | ||||||
22 | foreign
nation, if at
least one of the grounds for the | ||||||
23 | discipline is the same or substantially
equivalent to those | ||||||
24 | set forth in this Section.
| ||||||
25 | (11) A finding that the licensee, after having her or | ||||||
26 | his
license placed on
probationary status or subject to |
| |||||||
| |||||||
1 | conditions or restrictions, has violated the terms of | ||||||
2 | probation or failed to comply with such terms or | ||||||
3 | conditions.
| ||||||
4 | (12) Being named as a perpetrator in an indicated | ||||||
5 | report by
the
Department of Children and Family Services | ||||||
6 | and under the Abused and
Neglected Child Reporting Act, and | ||||||
7 | upon proof by clear and
convincing evidence that the | ||||||
8 | licensee has caused a child to be an abused
child or | ||||||
9 | neglected child as defined in the Abused and Neglected | ||||||
10 | Child
Reporting Act.
| ||||||
11 | (13) Willful omission to file or record, or willfully | ||||||
12 | impeding
the
filing or recording or inducing another person | ||||||
13 | to omit to file or record
medical reports as required by | ||||||
14 | law . | ||||||
15 | (13.5) Willfully or willfully failing to report an
| ||||||
16 | instance of suspected child abuse or neglect as required by | ||||||
17 | the Abused and
Neglected Child Reporting Act.
| ||||||
18 | (14) Gross negligence in the practice of practical, | ||||||
19 | professional, or advanced practice registered nursing.
| ||||||
20 | (15) Holding oneself out to be practicing nursing under | ||||||
21 | any
name other
than one's own.
| ||||||
22 | (16) Failure of a licensee to report to the Department | ||||||
23 | any adverse final action taken against him or her by | ||||||
24 | another licensing jurisdiction of the United States or any | ||||||
25 | foreign state or country, any peer review body, any health | ||||||
26 | care institution, any professional or nursing society or |
| |||||||
| |||||||
1 | association, any governmental agency, any law enforcement | ||||||
2 | agency, or any court or a nursing liability claim related | ||||||
3 | to acts or conduct similar to acts or conduct that would | ||||||
4 | constitute grounds for action as defined in this Section. | ||||||
5 | (17) Failure of a licensee to report to the Department | ||||||
6 | surrender by the licensee of a license or authorization to | ||||||
7 | practice nursing or advanced practice registered nursing | ||||||
8 | in another state or jurisdiction or current surrender by | ||||||
9 | the licensee of membership on any nursing staff or in any | ||||||
10 | nursing or advanced practice registered nursing or | ||||||
11 | professional association or society while under | ||||||
12 | disciplinary investigation by any of those authorities or | ||||||
13 | bodies for acts or conduct similar to acts or conduct that | ||||||
14 | would constitute grounds for action as defined by this | ||||||
15 | Section. | ||||||
16 | (18) Failing, within 60 days, to provide information in | ||||||
17 | response to a written request made by the Department. | ||||||
18 | (19) Failure to establish and maintain records of | ||||||
19 | patient care and treatment as required by law. | ||||||
20 | (20) Fraud, deceit or misrepresentation in applying | ||||||
21 | for or
procuring
a license under this Act or in connection | ||||||
22 | with applying for renewal of a
license under this Act.
| ||||||
23 | (21) Allowing another person or organization to use the
| ||||||
24 | licensees'
license to deceive the public.
| ||||||
25 | (22) Willfully making or filing false records or | ||||||
26 | reports in
the
licensee's practice, including but not |
| |||||||
| |||||||
1 | limited to false
records to support claims against the | ||||||
2 | medical assistance program of the
Department of Healthcare | ||||||
3 | and Family Services (formerly Department of Public Aid)
| ||||||
4 | under the Illinois Public Aid Code.
| ||||||
5 | (23) Attempting to subvert or cheat on a
licensing
| ||||||
6 | examination
administered under this Act.
| ||||||
7 | (24) Immoral conduct in the commission of an act, | ||||||
8 | including, but not limited to, sexual abuse,
sexual | ||||||
9 | misconduct, or sexual exploitation, related to the | ||||||
10 | licensee's practice.
| ||||||
11 | (25) Willfully or negligently violating the | ||||||
12 | confidentiality
between nurse
and patient except as | ||||||
13 | required by law.
| ||||||
14 | (26) Practicing under a false or assumed name, except | ||||||
15 | as provided by law.
| ||||||
16 | (27) The use of any false, fraudulent, or deceptive | ||||||
17 | statement
in any
document connected with the licensee's | ||||||
18 | practice.
| ||||||
19 | (28) Directly or indirectly giving to or receiving from | ||||||
20 | a person, firm,
corporation, partnership, or association a | ||||||
21 | fee, commission, rebate, or other
form of compensation for | ||||||
22 | professional services not actually or personally
rendered. | ||||||
23 | Nothing in this paragraph (28) affects any bona fide | ||||||
24 | independent contractor or employment arrangements among | ||||||
25 | health care professionals, health facilities, health care | ||||||
26 | providers, or other entities, except as otherwise |
| |||||||
| |||||||
1 | prohibited by law. Any employment arrangements may include | ||||||
2 | provisions for compensation, health insurance, pension, or | ||||||
3 | other employment benefits for the provision of services | ||||||
4 | within the scope of the licensee's practice under this Act. | ||||||
5 | Nothing in this paragraph (28) shall be construed to | ||||||
6 | require an employment arrangement to receive professional | ||||||
7 | fees for services rendered.
| ||||||
8 | (29) A violation of the Health Care Worker | ||||||
9 | Self-Referral Act.
| ||||||
10 | (30) Physical illness, including but not limited to | ||||||
11 | deterioration
through
the aging process or loss of motor | ||||||
12 | skill, mental illness, or disability that
results in the | ||||||
13 | inability to practice the profession with reasonable | ||||||
14 | judgment,
skill, or safety.
| ||||||
15 | (31) Exceeding the terms of a collaborative agreement | ||||||
16 | or the prescriptive authority delegated to a licensee by | ||||||
17 | his or her collaborating physician or podiatric physician | ||||||
18 | in guidelines established under a written collaborative | ||||||
19 | agreement. | ||||||
20 | (32) Making a false or misleading statement regarding a | ||||||
21 | licensee's skill or the efficacy or value of the medicine, | ||||||
22 | treatment, or remedy prescribed by him or her in the course | ||||||
23 | of treatment. | ||||||
24 | (33) Prescribing, selling, administering, | ||||||
25 | distributing, giving, or self-administering a drug | ||||||
26 | classified as a controlled substance (designated product) |
| |||||||
| |||||||
1 | or narcotic for other than medically accepted therapeutic | ||||||
2 | purposes. | ||||||
3 | (34) Promotion of the sale of drugs, devices, | ||||||
4 | appliances, or goods provided for a patient in a manner to | ||||||
5 | exploit the patient for financial gain. | ||||||
6 | (35) Violating State or federal laws, rules, or | ||||||
7 | regulations relating to controlled substances. | ||||||
8 | (36) Willfully or negligently violating the | ||||||
9 | confidentiality between an advanced practice registered | ||||||
10 | nurse, collaborating physician, dentist, or podiatric | ||||||
11 | physician and a patient, except as required by law. | ||||||
12 | (37) Willfully failing to report an instance of | ||||||
13 | suspected abuse, neglect, financial exploitation, or | ||||||
14 | self-neglect of an eligible adult as defined in and | ||||||
15 | required by the Adult Protective Services Act. | ||||||
16 | (38) Being named as an abuser in a verified report by | ||||||
17 | the Department on Aging and under the Adult Protective | ||||||
18 | Services Act, and upon proof by clear and convincing | ||||||
19 | evidence that the licensee abused, neglected, or | ||||||
20 | financially exploited an eligible adult as defined in the | ||||||
21 | Adult Protective Services Act. | ||||||
22 | (39) (37) A violation of any provision of this Act or | ||||||
23 | any rules adopted promulgated under this Act. | ||||||
24 | (c) The determination by a circuit court that a licensee is
| ||||||
25 | subject to
involuntary admission or judicial admission as | ||||||
26 | provided in the Mental
Health and Developmental Disabilities |
| |||||||
| |||||||
1 | Code, as amended, operates as an
automatic suspension. The | ||||||
2 | suspension will end only upon a finding
by a
court that the | ||||||
3 | patient is no longer subject to involuntary admission or
| ||||||
4 | judicial admission and issues an order so finding and | ||||||
5 | discharging the
patient; and upon the recommendation of the | ||||||
6 | Board to the
Secretary that
the licensee be allowed to resume | ||||||
7 | his or her practice.
| ||||||
8 | (d) The Department may refuse to issue or may suspend or | ||||||
9 | otherwise discipline the
license of any
person who fails to | ||||||
10 | file a return, or to pay the tax, penalty or interest
shown in | ||||||
11 | a filed return, or to pay any final assessment of the tax,
| ||||||
12 | penalty, or interest as required by any tax Act administered by | ||||||
13 | the
Department of Revenue, until such time as the requirements | ||||||
14 | of any
such tax Act are satisfied.
| ||||||
15 | (e) In enforcing this Act, the Department or Board ,
upon a | ||||||
16 | showing of a
possible
violation, may compel an individual | ||||||
17 | licensed to practice under this Act or
who has applied for | ||||||
18 | licensure under this Act, to submit
to a mental or physical | ||||||
19 | examination, or both, as required by and at the expense
of the | ||||||
20 | Department. The Department or Board may order the examining | ||||||
21 | physician to
present
testimony concerning the mental or | ||||||
22 | physical examination of the licensee or
applicant. No | ||||||
23 | information shall be excluded by reason of any common law or
| ||||||
24 | statutory privilege relating to communications between the | ||||||
25 | licensee or
applicant and the examining physician. The | ||||||
26 | examining
physicians
shall be specifically designated by the |
| |||||||
| |||||||
1 | Board or Department.
The individual to be examined may have, at | ||||||
2 | his or her own expense, another
physician of his or her choice | ||||||
3 | present during all
aspects of this examination. Failure of an | ||||||
4 | individual to submit to a mental
or
physical examination, when | ||||||
5 | directed, shall result in an automatic
suspension without | ||||||
6 | hearing.
| ||||||
7 | All substance-related violations shall mandate an | ||||||
8 | automatic substance abuse assessment. Failure to submit to an | ||||||
9 | assessment by a licensed physician who is certified as an | ||||||
10 | addictionist or an advanced practice registered nurse with | ||||||
11 | specialty certification in addictions may be grounds for an | ||||||
12 | automatic suspension, as defined by rule.
| ||||||
13 | If the Department or Board finds an individual unable to | ||||||
14 | practice or unfit for duty because
of
the
reasons
set forth in | ||||||
15 | this subsection (e) Section , the Department or Board may | ||||||
16 | require that individual
to submit
to
a substance abuse | ||||||
17 | evaluation or treatment by individuals or programs
approved
or | ||||||
18 | designated by the Department or Board , as a condition, term, or | ||||||
19 | restriction
for continued, restored
reinstated , or
renewed | ||||||
20 | licensure to practice; or, in lieu of evaluation or treatment,
| ||||||
21 | the Department may file, or
the Board may recommend to the | ||||||
22 | Department to file, a complaint to immediately
suspend, revoke, | ||||||
23 | or otherwise discipline the license of the individual.
An | ||||||
24 | individual whose
license was granted, continued, restored | ||||||
25 | reinstated , renewed, disciplined or supervised
subject to such | ||||||
26 | terms, conditions, or restrictions, and who fails to comply
|
| |||||||
| |||||||
1 | with
such terms, conditions, or restrictions, shall be referred | ||||||
2 | to the Secretary for
a
determination as to whether the | ||||||
3 | individual shall have his or her license
suspended immediately, | ||||||
4 | pending a hearing by the Department.
| ||||||
5 | In instances in which the Secretary immediately suspends a | ||||||
6 | person's license
under this subsection (e) Section , a hearing | ||||||
7 | on that person's license must be convened by
the Department | ||||||
8 | within 15 days after the suspension and completed without
| ||||||
9 | appreciable
delay.
The Department and Board shall have the | ||||||
10 | authority to review the subject
individual's record of
| ||||||
11 | treatment and counseling regarding the impairment to the extent | ||||||
12 | permitted by
applicable federal statutes and regulations | ||||||
13 | safeguarding the confidentiality of
medical records.
| ||||||
14 | An individual licensed under this Act and affected under | ||||||
15 | this subsection (e) Section shall
be
afforded an opportunity to | ||||||
16 | demonstrate to the Department that he or
she can resume
| ||||||
17 | practice in compliance with nursing standards under the
| ||||||
18 | provisions of his or her license.
| ||||||
19 | (Source: P.A. 98-214, eff. 8-9-13.)
| ||||||
20 | (225 ILCS 65/70-10)
(was 225 ILCS 65/10-50)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
22 | Sec. 70-10. Intoxication and drug abuse.
| ||||||
23 | (a) Any nurse who is an administrator or officer
in any | ||||||
24 | hospital, nursing home, other health care agency or facility, | ||||||
25 | or nurse
agency and has knowledge of any action or condition |
| |||||||
| |||||||
1 | which reasonably indicates
that a registered professional | ||||||
2 | nurse or licensed practical nurse
is impaired due to the use of | ||||||
3 | alcohol or mood altering drugs to the extent that such | ||||||
4 | impairment adversely affects such nurse's professional | ||||||
5 | performance, or
unlawfully possesses, uses, distributes or | ||||||
6 | converts mood altering drugs
belonging to the place of | ||||||
7 | employment, shall promptly report
the individual to the | ||||||
8 | Department or designee of the Department; provided however, an | ||||||
9 | administrator or officer
need not file the report if the nurse | ||||||
10 | participates in a course of remedial
professional counseling or | ||||||
11 | medical treatment for substance abuse, as long
as such nurse | ||||||
12 | actively pursues such treatment under monitoring by the
| ||||||
13 | administrator or officer or by the hospital, nursing home, | ||||||
14 | health care
agency or facility, or nurse agency and the nurse | ||||||
15 | continues to be employed by
such hospital, nursing home, health | ||||||
16 | care agency or facility, or nurse agency.
The Department shall | ||||||
17 | review all reports received by it in a timely manner.
Its | ||||||
18 | initial review shall be completed no later than 60 days after | ||||||
19 | receipt of
the report. Within this 60 day period, the | ||||||
20 | Department shall, in writing, make
a determination as to | ||||||
21 | whether there are sufficient facts to warrant further
| ||||||
22 | investigation or action. Any nurse participating in mandatory | ||||||
23 | reporting to the Department under this Section or in good faith | ||||||
24 | assisting another person in making such a report shall have | ||||||
25 | immunity from any liability, either criminal or civil, that | ||||||
26 | might result by reason of such action.
|
| |||||||
| |||||||
1 | Should the Department find insufficient facts to warrant | ||||||
2 | further
investigation, or action, the report shall be accepted | ||||||
3 | for filing and the
matter shall be deemed closed and so | ||||||
4 | reported.
| ||||||
5 | Should the Department find sufficient facts to warrant | ||||||
6 | further
investigation, such investigation shall be completed | ||||||
7 | within 60 days of the
date of the determination of sufficient | ||||||
8 | facts to warrant further
investigation or action. Final action | ||||||
9 | shall be determined no later than
30 days after the completion | ||||||
10 | of the investigation. If there is a finding
which verifies | ||||||
11 | habitual intoxication or drug addiction which adversely
| ||||||
12 | affects professional performance or the unlawful possession, | ||||||
13 | use,
distribution or conversion of habit-forming drugs by the | ||||||
14 | reported nurse,
the Department may refuse to issue or renew or | ||||||
15 | may suspend or revoke that
nurse's license as a registered | ||||||
16 | professional nurse or a
licensed practical nurse.
| ||||||
17 | Any of the aforementioned actions or a determination that | ||||||
18 | there are
insufficient facts to warrant further investigation | ||||||
19 | or action shall be
considered a final action. The nurse | ||||||
20 | administrator or officer who filed
the original report or | ||||||
21 | complaint, and the nurse who is the subject of the
report, | ||||||
22 | shall be notified in writing by the Department within 15 days | ||||||
23 | of
any final action taken by the Department.
| ||||||
24 | (b) (Blank). Each year on March 1,
the Department shall | ||||||
25 | submit a report to the General Assembly. The report
shall | ||||||
26 | include the number of reports made under this Section to the
|
| |||||||
| |||||||
1 | Department during the previous year, the number of reports | ||||||
2 | reviewed and
found insufficient to warrant further | ||||||
3 | investigation, the number of reports
not completed and the | ||||||
4 | reasons for incompletion. This report shall be made
available | ||||||
5 | also to nurses requesting the report.
| ||||||
6 | (c) Any person making a report under this Section or in | ||||||
7 | good faith assisting
another person in making such a report | ||||||
8 | shall have immunity from any
liability, either criminal or | ||||||
9 | civil, that might result by reason of such
action. For the | ||||||
10 | purpose of any legal proceeding, criminal or civil, there
shall | ||||||
11 | be a rebuttable presumption that any person making a report | ||||||
12 | under
this Section or assisting another person in making such | ||||||
13 | report was acting
in good faith. All such reports and any | ||||||
14 | information disclosed to or
collected by the Department | ||||||
15 | pursuant to this Section shall remain
confidential records of | ||||||
16 | the Department and shall not be disclosed nor be
subject to any | ||||||
17 | law or rule regulation of this State relating to freedom of
| ||||||
18 | information or public disclosure of records.
| ||||||
19 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
20 | (225 ILCS 65/70-20) (was 225 ILCS 65/20-13) | ||||||
21 | (Section scheduled to be repealed on January 1, 2018) | ||||||
22 | Sec. 70-20. Suspension of license or registration for | ||||||
23 | failure to pay restitution. The Department, without further | ||||||
24 | process or hearing, shall suspend the license or other | ||||||
25 | authorization to practice of any person issued under this Act |
| |||||||
| |||||||
1 | who has been certified by court order as not having paid | ||||||
2 | restitution to a person under Section 8A-3.5 of the Illinois | ||||||
3 | Public Aid Code or under Section 17-10.5 or 46-1 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012. A person | ||||||
5 | whose license or other authorization to practice is suspended | ||||||
6 | under this Section is prohibited from practicing until the | ||||||
7 | restitution is made in full.
| ||||||
8 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
9 | (225 ILCS 65/70-35)
(was 225 ILCS 65/20-31)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
11 | Sec. 70-35. Licensure requirements; internet site. The | ||||||
12 | Department shall
make available to the public the requirements | ||||||
13 | for licensure in English and
Spanish on the internet through | ||||||
14 | the Department's World Wide Web site. This
information shall | ||||||
15 | include the requirements for licensure of individuals
| ||||||
16 | currently residing in another state or territory of the United | ||||||
17 | States or a
foreign country, territory, or province. The | ||||||
18 | Department shall establish an
e-mail link to the Department for | ||||||
19 | information on the requirements for
licensure , with replies | ||||||
20 | available in English and Spanish .
| ||||||
21 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
22 | (225 ILCS 65/70-40)
(was 225 ILCS 65/20-32)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
24 | Sec. 70-40. Educational resources; internet link. The |
| |||||||
| |||||||
1 | Department may shall
work with the Board, the Board of Higher | ||||||
2 | Education,
the Illinois Student Assistance Commission, | ||||||
3 | Statewide organizations, and
community-based organizations to | ||||||
4 | develop a list of Department-approved nursing
programs
and | ||||||
5 | other educational resources related to the Test of English as a | ||||||
6 | Foreign
Language and the Commission on Graduates of Foreign | ||||||
7 | Nursing Schools
Examination. The Department shall provide a | ||||||
8 | link to a list of these resources ,
in English and Spanish, on | ||||||
9 | the Department's World Wide Web site.
| ||||||
10 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
11 | (225 ILCS 65/70-50)
(was 225 ILCS 65/20-40)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
13 | Sec. 70-50. Fund. | ||||||
14 | (a) There is hereby created within the State Treasury the
| ||||||
15 | Nursing Dedicated and Professional Fund. The monies in the Fund | ||||||
16 | may be
used by and at the direction of the Department for the | ||||||
17 | administration and
enforcement of this Act, including , but not | ||||||
18 | limited to:
| ||||||
19 | (1) Distribution and publication of this Act and rules.
| ||||||
20 | (2) Employment of secretarial, nursing, | ||||||
21 | administrative, enforcement, and
other staff for the | ||||||
22 | administration of this Act.
| ||||||
23 | (b) Disposition of fees:
| ||||||
24 | (1) $5 of every licensure fee shall be placed in a fund | ||||||
25 | for assistance to nurses enrolled in a diversionary program |
| |||||||
| |||||||
1 | as approved by the Department.
| ||||||
2 | (2) All of the fees, fines, and penalties
collected | ||||||
3 | pursuant to
this Act shall be deposited in the Nursing | ||||||
4 | Dedicated and Professional Fund.
| ||||||
5 | (3) Each fiscal year, the moneys deposited
in the | ||||||
6 | Nursing Dedicated and Professional Fund shall be | ||||||
7 | appropriated to the
Department for expenses of the | ||||||
8 | Department and the Board in the
administration of this Act. | ||||||
9 | All earnings received from investment of
moneys in the | ||||||
10 | Nursing Dedicated and Professional Fund shall be
deposited | ||||||
11 | in the Nursing Dedicated and Professional Fund and shall be | ||||||
12 | used
for the same purposes as fees deposited in the Fund.
| ||||||
13 | (4) For the fiscal year beginning July 1, 2009 and for
| ||||||
14 | each fiscal
year thereafter, $2,000,000 of the moneys | ||||||
15 | deposited in the
Nursing Dedicated
and Professional Fund | ||||||
16 | each year shall be set aside and appropriated to the
| ||||||
17 | Department of Public Health for nursing scholarships | ||||||
18 | awarded pursuant to
the Nursing Education Scholarship Law.
| ||||||
19 | Representatives
of the Department and the Nursing | ||||||
20 | Education Scholarship Program Advisory
Council shall | ||||||
21 | review this requirement and
the scholarship awards every 2 | ||||||
22 | years.
| ||||||
23 | (5) Moneys in the Fund may be transferred to the | ||||||
24 | Professions
Indirect Cost Fund as authorized under Section | ||||||
25 | 2105-300 of the
Department of Professional Regulation Law | ||||||
26 | (20 ILCS 2105/2105-300).
|
| |||||||
| |||||||
1 | (c)
Moneys set aside for nursing scholarships awarded | ||||||
2 | pursuant to
the Nursing Education Scholarship Law as provided | ||||||
3 | in item (4)
of subsection (b)
of this Section may not be | ||||||
4 | transferred under Section 8h of the State Finance Act. | ||||||
5 | (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07; | ||||||
6 | 96-328, eff. 8-11-09; 96-805, eff. 10-30-09.)
| ||||||
7 | (225 ILCS 65/70-60)
(was 225 ILCS 65/20-55)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
9 | Sec. 70-60. Summary suspension;
imminent danger. The | ||||||
10 | Secretary of the
Department may, upon receipt of a written
| ||||||
11 | communication from the Secretary of Human Services, the | ||||||
12 | Director of Healthcare and Family Services (formerly Director | ||||||
13 | of Public Aid),
or the Director of Public Health
that | ||||||
14 | continuation of practice of a person licensed under this
Act | ||||||
15 | constitutes an immediate danger to the public, immediately | ||||||
16 | suspend the
license of such person without a hearing. In | ||||||
17 | instances in which the
Secretary
immediately suspends a license | ||||||
18 | under this Section, a hearing upon
such person's license must | ||||||
19 | be convened by the Department within 30
days
after such | ||||||
20 | suspension and completed without appreciable delay, such | ||||||
21 | hearing
held to determine whether to recommend to the Secretary | ||||||
22 | that the person's
license be revoked, suspended, placed on | ||||||
23 | probationary status or restored reinstated ,
or such person be | ||||||
24 | subject to other disciplinary action. In such hearing,
the | ||||||
25 | written communication and any other evidence submitted |
| |||||||
| |||||||
1 | therewith may be
introduced as evidence against such person; | ||||||
2 | provided, however, the person,
or his or her counsel, shall | ||||||
3 | have the opportunity to discredit or impeach
and
submit | ||||||
4 | evidence rebutting such evidence.
| ||||||
5 | (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)
| ||||||
6 | (225 ILCS 65/70-75)
(was 225 ILCS 65/20-75)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
8 | Sec. 70-75. Injunctive remedies.
| ||||||
9 | (a) If any person violates the provision of this Act,
the
| ||||||
10 | Secretary may, in the name of the People of the State of | ||||||
11 | Illinois, through
the Attorney General of the State of | ||||||
12 | Illinois, or the State's Attorney of
any county in which the | ||||||
13 | action is brought, petition for an order enjoining
such | ||||||
14 | violation or for an order enforcing compliance with this Act. | ||||||
15 | Upon
the filing of a verified petition in court, the court may | ||||||
16 | issue a temporary
restraining order, without notice or bond, | ||||||
17 | and may preliminarily and
permanently enjoin such violation, | ||||||
18 | and if it is established that such
person has violated or is | ||||||
19 | violating the injunction, the court may punish
the offender for | ||||||
20 | contempt of court. Proceedings under this Section shall
be in | ||||||
21 | addition to, and not in lieu of, all other remedies and | ||||||
22 | penalties
provided by this Act.
| ||||||
23 | (b) If any person shall practice as a nurse or hold herself | ||||||
24 | or himself
out as a nurse without being licensed under the | ||||||
25 | provisions of this Act,
then any licensed nurse, any interested |
| |||||||
| |||||||
1 | party, or any person injured
thereby may, in addition to the | ||||||
2 | Secretary, petition for relief as provided
in subsection (a) of | ||||||
3 | this Section.
| ||||||
4 | (b-5) Whoever knowingly practices or offers to practice | ||||||
5 | nursing in this State
without a license for that purpose shall | ||||||
6 | be guilty of a Class A misdemeanor
and for each subsequent | ||||||
7 | conviction, shall be guilty of a Class 4 felony.
All criminal | ||||||
8 | fines, monies, or other property collected or received by
the | ||||||
9 | Department under this Section or any other State or federal | ||||||
10 | statute,
including, but not limited to, property forfeited to | ||||||
11 | the Department under
Section 505 of the Illinois Controlled | ||||||
12 | Substances Act or Section 85 of the Methamphetamine Control and | ||||||
13 | Community Protection Act, shall be deposited
into the | ||||||
14 | Professional Regulation Evidence Fund.
| ||||||
15 | (c) Whenever in the opinion of the Department any person | ||||||
16 | violates any
provision of this Act, the Department may issue a | ||||||
17 | rule to show cause why an
order to cease and desist should not | ||||||
18 | be entered against him. The rule
shall clearly set forth the | ||||||
19 | grounds relied upon by the Department and shall
provide a | ||||||
20 | period of 7 days from the date of the rule to file an answer to
| ||||||
21 | the satisfaction of the Department. Failure to answer to the | ||||||
22 | satisfaction
of the Department shall cause an order to cease | ||||||
23 | and desist to be issued
forthwith.
| ||||||
24 | (Source: P.A. 94-556, eff. 9-11-05; 95-639, eff. 10-5-07.)
| ||||||
25 | (225 ILCS 65/70-80)
(was 225 ILCS 65/20-80)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
2 | Sec. 70-80. Investigation; notice; hearing. | ||||||
3 | (a) The Prior to bringing an
action before the Board, the
| ||||||
4 | Department may investigate the actions of any applicant or of | ||||||
5 | any person
or persons holding or claiming to hold a license | ||||||
6 | under this Act . | ||||||
7 | (b) The Department shall,
before suspending, revoking, | ||||||
8 | placing on probationary status, or taking any
other | ||||||
9 | disciplinary action as the Department may deem proper with | ||||||
10 | regard to
any license disciplining a license under this Section | ||||||
11 | or refusing to issue a license , at least 30 days prior to the | ||||||
12 | date set for the
hearing, (i) notify the accused in writing of | ||||||
13 | any charges made and the time and
place for the a hearing of | ||||||
14 | the charges before the Board , (ii) direct
her or him
to file a | ||||||
15 | written answer to the charges thereto to the Board under oath
| ||||||
16 | within 20 days
after the service ; of such notice and (iii) | ||||||
17 | inform the applicant or licensee that failure if she or he
| ||||||
18 | fails to file such answer will result in a default being | ||||||
19 | entered default will be taken against the applicant or | ||||||
20 | licensee . As a result of the default, and
such license may be | ||||||
21 | suspended, revoked, placed on
probationary status, or have | ||||||
22 | other disciplinary action, including limiting
the scope, | ||||||
23 | nature or extent of her or his practice, as the Department may
| ||||||
24 | deem proper taken with regard thereto. Such written notice may | ||||||
25 | be served
by personal delivery or certified or registered mail | ||||||
26 | to the respondent at
the address of her or his last |
| |||||||
| |||||||
1 | notification to the Department. | ||||||
2 | (c) At
the time
and place fixed in the notice, the | ||||||
3 | Department shall proceed to hear the
charges and the parties or | ||||||
4 | their counsel shall be accorded ample
opportunity to present | ||||||
5 | any pertinent such statements, testimony, evidence and | ||||||
6 | arguments. argument as
may be pertinent to the charges or to | ||||||
7 | the defense to the charges. The
Department may continue a | ||||||
8 | hearing from time to time. In case the accused
person,
after | ||||||
9 | receiving notice, fails to file an answer, her or his license | ||||||
10 | may in the
discretion of the Secretary, having received first
| ||||||
11 | the recommendation of the Board, be suspended,
revoked, placed | ||||||
12 | on probationary status, or be subject to whatever disciplinary | ||||||
13 | action the Secretary considers proper the Secretary may take | ||||||
14 | whatever
disciplinary action as he or she may deem proper , | ||||||
15 | including limiting the
scope,
nature, or extent of said | ||||||
16 | person's practice or the imposition of a fine , without a | ||||||
17 | hearing, if the act
or acts charged constitute sufficient | ||||||
18 | grounds for such action under this Act.
| ||||||
19 | (d) The written notice and any notice in the subsequent | ||||||
20 | proceeding may be served by personal delivery or regular or | ||||||
21 | certified mail to the respondent at the respondent's address of | ||||||
22 | record or by email to the respondent's email address of record. | ||||||
23 | (e) The Secretary has the authority to appoint any attorney | ||||||
24 | licensed to practice law in the State of Illinois to serve as | ||||||
25 | the hearing officer in any action for refusal to issue, | ||||||
26 | restore, or renew a license or to discipline a licensee. The |
| |||||||
| |||||||
1 | hearing officer has full authority to conduct the hearing. The | ||||||
2 | Board may have a member or members present at any hearing. The | ||||||
3 | Board members shall have equal or greater licensing | ||||||
4 | qualifications than those of the licensee being prosecuted. | ||||||
5 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
6 | (225 ILCS 65/70-81 new) | ||||||
7 | Sec. 70-81. Confidentiality. All information collected by | ||||||
8 | the Department in the course of an examination or investigation | ||||||
9 | of a licensee or applicant, including, but not limited to, any | ||||||
10 | complaint against a licensee filed with the Department and | ||||||
11 | information collected to investigate any such complaint, shall | ||||||
12 | be maintained for the confidential use of the Department and | ||||||
13 | shall not be disclosed. The Department may not disclose the | ||||||
14 | information to anyone other than law enforcement officials, | ||||||
15 | other regulatory agencies that have an appropriate regulatory | ||||||
16 | interest as determined by the Secretary of the Department, or a | ||||||
17 | party presenting a lawful subpoena to the Department. | ||||||
18 | Information and documents disclosed to a federal, State, | ||||||
19 | county, or local law enforcement agency shall not be disclosed | ||||||
20 | by the agency for any purpose to any other agency or person. A | ||||||
21 | formal complaint filed by the Department against a licensee or | ||||||
22 | applicant shall be a public record, except as otherwise | ||||||
23 | prohibited by law.
| ||||||
24 | (225 ILCS 65/70-85)
(was 225 ILCS 65/20-85)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
2 | Sec. 70-85. Stenographer; transcript. The Department, at | ||||||
3 | its
expense, shall provide a stenographer
to take down the | ||||||
4 | testimony and preserve a record of all formal hearing | ||||||
5 | proceedings if a license may be revoked, suspended, or placed | ||||||
6 | on probationary status or other disciplinary action may be | ||||||
7 | taken at the
hearing of any case wherein any disciplinary | ||||||
8 | action is taken regarding a
license . Any licensee who is found | ||||||
9 | to have violated this Act or who fails to appear for a hearing | ||||||
10 | to refuse to issue, restore, or renew a license or to | ||||||
11 | discipline a license may be required by the Department to pay | ||||||
12 | for the costs of the proceeding. These costs are limited to | ||||||
13 | costs for court reporters, transcripts, and witness attendance | ||||||
14 | and mileage fees. The Secretary may waive payment of costs by a | ||||||
15 | licensee in whole or in part where there is an undue financial | ||||||
16 | hardship. The notice of hearing, complaint and all other | ||||||
17 | documents in the
nature of pleadings and written motions filed | ||||||
18 | in the proceedings, the
transcript of testimony, the report of | ||||||
19 | the Board and the
orders of the
Department shall be the record | ||||||
20 | of the proceedings. The
Department shall furnish a transcript | ||||||
21 | of the record to any
person interested in the hearing upon | ||||||
22 | payment of the fee
required under Section 2105-115 of the | ||||||
23 | Department of Professional
Regulation Law (20 ILCS | ||||||
24 | 2105/2105-115).
| ||||||
25 | (Source: P.A. 95-639, eff. 10-5-07.)
|
| |||||||
| |||||||
1 | (225 ILCS 65/70-100)
(was 225 ILCS 65/20-100)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
3 | Sec. 70-100. Hearing; findings and recommendations; | ||||||
4 | rehearing Board report . | ||||||
5 | (a) The Board or the hearing officer authorized by the | ||||||
6 | Department shall hear evidence in support of the formal charges | ||||||
7 | and evidence produced by the licensee. At the conclusion of the | ||||||
8 | hearing the
Board shall
present to the Secretary a written | ||||||
9 | report of its findings of fact,
conclusions of law, and | ||||||
10 | recommendations. The report shall contain a
finding whether or | ||||||
11 | not the accused person violated this Act or failed to
comply | ||||||
12 | with the conditions required in this Act. The report shall | ||||||
13 | specify
the nature of the violation or failure to comply, and | ||||||
14 | the Board shall
make its recommendations to the Secretary.
| ||||||
15 | (b) At the conclusion of the hearing, a copy of the Board's | ||||||
16 | or hearing officer's report shall be served upon the applicant | ||||||
17 | or licensee by the Department, either personally or as provided | ||||||
18 | in this Act for the service of a notice of hearing. Within 20 | ||||||
19 | calendar days after service, the applicant or licensee may | ||||||
20 | present to the Department a motion in writing for a rehearing, | ||||||
21 | which shall specify the particular grounds for hearing. The | ||||||
22 | Department shall respond to the motion for rehearing within 20 | ||||||
23 | calendar days after its service on the Department. If no motion | ||||||
24 | for rehearing is filed, then upon the expiration of the time | ||||||
25 | specified for filing such a motion, or upon denial of a motion | ||||||
26 | for rehearing, the Secretary may enter an order in accordance |
| |||||||
| |||||||
1 | with the recommendations of the Board or hearing officer. If | ||||||
2 | the applicant or licensee orders from the reporting service and | ||||||
3 | pays for a transcript of the record within the time for filing | ||||||
4 | a motion for rehearing, the 20-day period within which a motion | ||||||
5 | may be filed shall commence upon the delivery of the transcript | ||||||
6 | to the applicant or licensee. | ||||||
7 | (c) If the Secretary disagrees in any regard with the | ||||||
8 | report of the Board, the Secretary may issue an order contrary | ||||||
9 | to the report. The report of findings of fact, conclusions of | ||||||
10 | law, and recommendation of
the Board shall be the basis for the | ||||||
11 | Department's order of
refusal or
for the granting of a license | ||||||
12 | or permit unless the Secretary shall determine
that the report | ||||||
13 | is contrary to the manifest weight of the evidence, in which
| ||||||
14 | case the Secretary may issue an order in contravention of the | ||||||
15 | report. The
findings are not admissible in evidence against the | ||||||
16 | person in a criminal
prosecution brought for the violation of | ||||||
17 | this Act, but the hearing and
findings are not a bar to a | ||||||
18 | criminal prosecution brought for the violation
of this Act.
| ||||||
19 | (d) Whenever the Secretary is not satisfied that | ||||||
20 | substantial justice has been done, the Secretary may order a | ||||||
21 | rehearing by the same or another hearing officer. | ||||||
22 | (e) All proceedings under this Section are matters of | ||||||
23 | public record and shall be preserved. | ||||||
24 | (f) Upon the suspension or revocation of a license, the | ||||||
25 | licensee shall surrender the license to the Department, and, | ||||||
26 | upon failure to do so, the Department shall seize the same. |
| |||||||
| |||||||
1 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
2 | (225 ILCS 65/70-103 new) | ||||||
3 | Sec. 70-103. Disposition by consent order. At any point in | ||||||
4 | any investigation or disciplinary proceeding provided for in | ||||||
5 | this Act, both parties may agree to a negotiated consent order. | ||||||
6 | The consent order shall be final upon signature of the | ||||||
7 | Secretary.
| ||||||
8 | (225 ILCS 65/70-140)
(was 225 ILCS 65/20-140)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
10 | Sec. 70-140. Review under Administrative Review Law. All | ||||||
11 | final
administrative decisions of the Department are
hereunder | ||||||
12 | shall be subject to judicial review pursuant to the provisions | ||||||
13 | revisions of
the Administrative Review Law, and all rules | ||||||
14 | amendments and modifications
thereof, and the rule adopted | ||||||
15 | under the Administrative Review Law pursuant thereto . The term | ||||||
16 | "administrative
decision" is defined as in Section 3-101 of the | ||||||
17 | Code of Civil Procedure.
| ||||||
18 | Proceedings for judicial review shall be commenced in the | ||||||
19 | circuit court of the county in which the party applying for | ||||||
20 | review resides; however, if the party is not a resident of this | ||||||
21 | State, the venue shall be Sangamon County. | ||||||
22 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
23 | (225 ILCS 65/70-145)
(was 225 ILCS 65/20-145)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
2 | Sec. 70-145. Certification of record. The Department shall | ||||||
3 | not
be required to certify any record to
the court, Court or | ||||||
4 | file any answer in court , or otherwise appear in any court in a
| ||||||
5 | judicial review proceeding, unless and until the Department has | ||||||
6 | received from the plaintiff payment of the costs of furnishing | ||||||
7 | and certifying the record, which costs shall be determined by | ||||||
8 | the Department. Exhibits shall be certified without cost there | ||||||
9 | is filed in the court, with the
complaint, a receipt from the | ||||||
10 | Department acknowledging payment of the costs
of furnishing and | ||||||
11 | certifying the record . Failure on the part of the
plaintiff to | ||||||
12 | file such receipt in Court shall be grounds for dismissal of | ||||||
13 | the
action.
| ||||||
14 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
15 | (225 ILCS 65/70-160)
(was 225 ILCS 65/20-160)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
17 | Sec. 70-160. Illinois Administrative Procedure Act. The
| ||||||
18 | Illinois Administrative
Procedure Act is hereby expressly | ||||||
19 | adopted and incorporated herein as if all of
the provisions of | ||||||
20 | that Act were included in this Act, except that the provision
| ||||||
21 | of subsection (d) of Section 10-65 of the Illinois | ||||||
22 | Administrative Procedure Act
that provides that at hearings the | ||||||
23 | licensee has the right to show compliance
with all lawful | ||||||
24 | requirements for retention, continuation or renewal of the
| ||||||
25 | license is specifically excluded. For the purposes of this Act, |
| |||||||
| |||||||
1 | the notice
required under Section 10-25 of the Illinois | ||||||
2 | Administrative Procedure Act
is deemed sufficient when mailed | ||||||
3 | to the address of record last known address of a party .
| ||||||
4 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
5 | (225 ILCS 65/Art. 75 heading) | ||||||
6 | ARTICLE 75. ILLINOIS NURSING WORKFORCE CENTER FOR NURSING
| ||||||
7 | (Article scheduled to be repealed on January 1, 2018) | ||||||
8 | (Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07 .) | ||||||
9 | (225 ILCS 65/75-10) (was 225 ILCS 65/17-10) | ||||||
10 | (Section scheduled to be repealed on January 1, 2018) | ||||||
11 | Sec. 75-10. Illinois Nursing Workforce Center for Nursing . | ||||||
12 | The purpose of There is created the Illinois Nursing Workforce | ||||||
13 | Center for Nursing to address issues of supply and demand in | ||||||
14 | the nursing profession, including issues of recruitment, | ||||||
15 | retention, and utilization of nurse manpower resources. The | ||||||
16 | General Assembly finds that the Center will enhance the access | ||||||
17 | to and delivery of quality health care services by providing an | ||||||
18 | ongoing strategy for the allocation of the State's resources | ||||||
19 | directed towards nursing. Each of the following objectives | ||||||
20 | shall serve as the primary goals for the Center: | ||||||
21 | (1) To develop a strategic plan for nursing manpower in | ||||||
22 | Illinois by selecting priorities that must be addressed. | ||||||
23 | (2) To convene various groups of representatives of | ||||||
24 | nurses, other health care providers, businesses and |
| |||||||
| |||||||
1 | industries, consumers, legislators, and educators to: | ||||||
2 | (A) review and comment on data analysis prepared | ||||||
3 | for the Center; and | ||||||
4 | (B) recommend systemic changes, including | ||||||
5 | strategies for implementation of recommended changes . ; | ||||||
6 | and | ||||||
7 | (C) evaluate and report the results of the Advisory
| ||||||
8 | Board's efforts to the General Assembly and others. | ||||||
9 | (3) To enhance and promote recognition, reward, and | ||||||
10 | renewal activities for nurses in Illinois by: | ||||||
11 | (A) proposing and creating reward, recognition, | ||||||
12 | and renewal activities for nursing; and | ||||||
13 | (B) promoting media and positive image-building | ||||||
14 | efforts for nursing.
| ||||||
15 | (Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.) | ||||||
16 | (225 ILCS 65/75-15) (was 225 ILCS 65/17-15) | ||||||
17 | (Section scheduled to be repealed on January 1, 2018) | ||||||
18 | Sec. 75-15. Illinois Center for Nursing Workforce Center | ||||||
19 | Advisory Board.
| ||||||
20 | (a) There is created the Illinois Center for Nursing | ||||||
21 | Workforce Center Advisory Board, which shall consist of 11 | ||||||
22 | members appointed by the Secretary Governor , with 6 members of | ||||||
23 | the Advisory Board being nurses representative of various | ||||||
24 | nursing specialty areas. The other 5 members may include | ||||||
25 | representatives of associations, health care providers, |
| |||||||
| |||||||
1 | nursing educators, and consumers. | ||||||
2 | (b) The membership of the Advisory Board shall reasonably | ||||||
3 | reflect representation from the geographic areas in this State. | ||||||
4 | (c) Members of the Advisory Board appointed by the | ||||||
5 | Secretary Governor shall serve for terms of 4 years, with no | ||||||
6 | member serving more than 10 successive years , except that, | ||||||
7 | initially, 4 members shall be appointed to the Advisory Board | ||||||
8 | for terms that expire on June 30, 2009, 4 members shall be | ||||||
9 | appointed to the Advisory
Board for terms that expire on June | ||||||
10 | 30, 2008, and 3 members shall be appointed to the Advisory | ||||||
11 | Board for terms that expire on June 30, 2007 . A member shall | ||||||
12 | serve until his or her successor is appointed and has | ||||||
13 | qualified. Vacancies shall be filled in the same manner as | ||||||
14 | original appointments, and any member so appointed shall serve | ||||||
15 | during the remainder of the term for which the vacancy | ||||||
16 | occurred. | ||||||
17 | (d) A quorum of the Advisory Board shall consist of a | ||||||
18 | majority of Advisory Board members currently serving. A | ||||||
19 | majority vote of the quorum is required for Advisory Board | ||||||
20 | decisions. A vacancy in the membership of the Advisory Board | ||||||
21 | shall not impair the right of a quorum to exercise all of the | ||||||
22 | rights and perform all of the duties of the Advisory Board. | ||||||
23 | (e) The Secretary Governor may remove any appointed member | ||||||
24 | of the Advisory Board for misconduct, incapacity, or neglect of | ||||||
25 | duty and shall be the sole judge of the sufficiency of the | ||||||
26 | cause for removal. |
| |||||||
| |||||||
1 | (f) Members of the Advisory Board are immune from suit in | ||||||
2 | any action based upon any activities performed in good faith as | ||||||
3 | members of the Advisory Board. | ||||||
4 | (g) Members of the Advisory Board shall not receive | ||||||
5 | compensation, but shall be reimbursed for actual traveling, | ||||||
6 | incidentals, and expenses necessarily incurred in carrying out | ||||||
7 | their duties as members of the Advisory Board, as approved by | ||||||
8 | the Department.
| ||||||
9 | (h) The Advisory Board shall meet annually to elect a | ||||||
10 | chairperson and vice chairperson. | ||||||
11 | (Source: P.A. 97-813, eff. 7-13-12; 98-247, eff. 8-9-13.) | ||||||
12 | (225 ILCS 65/75-20) (was 225 ILCS 65/17-20) | ||||||
13 | (Section scheduled to be repealed on January 1, 2018) | ||||||
14 | Sec. 75-20. Powers and duties of the Advisory Board.
| ||||||
15 | (a) The Advisory Board shall be advisory to the Department | ||||||
16 | and shall possess and perform each of the following powers and | ||||||
17 | duties: | ||||||
18 | (1) determine operational policy; | ||||||
19 | (2) (blank); administer grants, scholarships, | ||||||
20 | internships, and other programs, as defined by rule, | ||||||
21 | including the administration of programs, as determined by | ||||||
22 | law, that further those goals set forth in Section 75-10 of | ||||||
23 | this Article, in consultation with other State agencies, as | ||||||
24 | provided by law; | ||||||
25 | (3) establish committees of the Advisory Board as |
| |||||||
| |||||||
1 | needed; | ||||||
2 | (4) recommend the adoption and, from time to time, the | ||||||
3 | revision of those rules that may be adopted and necessary | ||||||
4 | to carry out the provisions of this Act; | ||||||
5 | (5) implement the major functions of the Center, as | ||||||
6 | established in the goals set forth in Section 75-10
of this | ||||||
7 | Article; and | ||||||
8 | (6) seek and accept non-State funds for carrying out | ||||||
9 | the policy of the Center. | ||||||
10 | (b) The Center shall work in consultation with other State | ||||||
11 | agencies as necessary.
| ||||||
12 | (Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.) | ||||||
13 | (225 ILCS 65/80-15) | ||||||
14 | (Section scheduled to be repealed on January 1, 2018) | ||||||
15 | Sec. 80-15. Licensure requirement; exempt activities. | ||||||
16 | (a) On and after January 1, 2015, no person shall
practice | ||||||
17 | as a medication aide or hold himself or herself out as a | ||||||
18 | licensed medication aide in this State
unless he or she is | ||||||
19 | licensed under this Article. | ||||||
20 | (b) Nothing in this Article shall be construed as | ||||||
21 | preventing or restricting the practice, services, or
| ||||||
22 | activities of: | ||||||
23 | (1) any person licensed in this State by any other law | ||||||
24 | from engaging in the profession or
occupation for which he | ||||||
25 | or she is licensed; |
| |||||||
| |||||||
1 | (2) any person employed as a medication aide by the | ||||||
2 | government of the United States, if
such person practices | ||||||
3 | as a medication aide solely under the direction or control | ||||||
4 | of the
organization by which he or she is employed; or | ||||||
5 | (3) any person pursuing a course of study leading to a | ||||||
6 | certificate in medication aide at an
accredited or approved | ||||||
7 | educational program if such activities and services | ||||||
8 | constitute a part of a
supervised course of study and if | ||||||
9 | such person is designated by a title which clearly | ||||||
10 | indicates his
or her status as a student or trainee. | ||||||
11 | (c) Nothing in this Article shall be construed to limit the | ||||||
12 | delegation of tasks or duties by a
physician, dentist, advanced | ||||||
13 | practice registered nurse, or podiatric physician as | ||||||
14 | authorized by law.
| ||||||
15 | (Source: P.A. 98-990, eff. 8-18-14 .) | ||||||
16 | (225 ILCS 65/80-35) | ||||||
17 | (Section scheduled to be repealed on January 1, 2018) | ||||||
18 | Sec. 80-35. Examinations. The Department shall authorize | ||||||
19 | examinations of applicants for a license
under this Article at | ||||||
20 | the times and place as it may designate. The examination shall | ||||||
21 | be of a
character to give a fair test of the qualifications of | ||||||
22 | the applicant to practice as a medication aide. | ||||||
23 | Applicants for examination as a medication aide shall be | ||||||
24 | required to pay, either to the
Department or the designated | ||||||
25 | testing service, a fee covering the cost of providing the
|
| |||||||
| |||||||
1 | examination. Failure to appear for the examination on the | ||||||
2 | scheduled date, at the time and place
specified, after the | ||||||
3 | applicant's application for examination has been received and | ||||||
4 | acknowledged
by the Department or the designated testing | ||||||
5 | service, shall result in the forfeiture of the
examination fee. | ||||||
6 | If an applicant fails to pass an examination for licensure | ||||||
7 | registration under this Act within 3 years after
filing his or | ||||||
8 | her application, the application shall be denied. The applicant | ||||||
9 | may thereafter make a new
application accompanied by the | ||||||
10 | required fee; however, the applicant shall meet all | ||||||
11 | requirements
in effect at the time of subsequent application | ||||||
12 | before obtaining licensure. The Department may
employ | ||||||
13 | consultants for the purposes of preparing and conducting | ||||||
14 | examinations.
| ||||||
15 | (Source: P.A. 98-990, eff. 8-18-14 .) | ||||||
16 | (225 ILCS 65/60-15 rep.)
| ||||||
17 | (225 ILCS 65/70-30 rep.)
| ||||||
18 | (225 ILCS 65/70-65 rep.)
| ||||||
19 | (225 ILCS 65/70-105 rep.)
| ||||||
20 | (225 ILCS 65/70-110 rep.)
| ||||||
21 | (225 ILCS 65/70-115 rep.)
| ||||||
22 | (225 ILCS 65/75-5 rep.) | ||||||
23 | Section 165. The Nurse Practice Act is amended by repealing | ||||||
24 | Sections 60-15, 70-30, 70-65, 70-105, 70-110, 70-115, and 75-5. |
| |||||||
| |||||||
1 | Section 170. The Illinois Occupational Therapy Practice | ||||||
2 | Act is amended by changing Sections 3.1 and 19 as follows:
| ||||||
3 | (225 ILCS 75/3.1)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
5 | Sec. 3.1. Referrals. | ||||||
6 | (a) A licensed occupational therapist or licensed
| ||||||
7 | occupational therapy assistant may consult with, educate, | ||||||
8 | evaluate, and monitor
services for individuals, groups, and | ||||||
9 | populations concerning occupational therapy needs. Except as | ||||||
10 | indicated in subsections (b) and (c) of this Section, | ||||||
11 | implementation
of direct occupational therapy treatment to | ||||||
12 | individuals for their specific
health care conditions shall be | ||||||
13 | based upon a referral from a licensed
physician, dentist, | ||||||
14 | podiatric physician, advanced practice registered nurse, | ||||||
15 | physician assistant, or optometrist.
| ||||||
16 | (b) A referral is not required for the purpose of providing | ||||||
17 | consultation, habilitation, screening, education, wellness, | ||||||
18 | prevention, environmental assessments, and work-related | ||||||
19 | ergonomic services to individuals, groups, or populations. | ||||||
20 | (c) Referral from a physician or other health care provider | ||||||
21 | is not required for evaluation or intervention for children and | ||||||
22 | youths if an occupational therapist or occupational therapy | ||||||
23 | assistant provides services in a school-based or educational | ||||||
24 | environment, including the child's home. | ||||||
25 | (d) An occupational therapist shall refer to a licensed |
| |||||||
| |||||||
1 | physician, dentist,
optometrist, advanced practice registered | ||||||
2 | nurse, physician assistant, or podiatric physician any patient | ||||||
3 | whose medical condition should, at the
time of evaluation or | ||||||
4 | treatment, be determined to be beyond the scope of
practice of | ||||||
5 | the occupational therapist.
| ||||||
6 | (Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13; | ||||||
7 | 98-756, eff. 7-16-14; 99-173, eff. 7-29-15.)
| ||||||
8 | (225 ILCS 75/19) (from Ch. 111, par. 3719)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
10 | Sec. 19. Grounds for discipline. | ||||||
11 | (a) The Department may refuse to issue or renew, or may | ||||||
12 | revoke,
suspend, place on probation, reprimand or take other | ||||||
13 | disciplinary or non-disciplinary
action as the Department may | ||||||
14 | deem proper, including imposing fines not to exceed
$10,000 for | ||||||
15 | each violation and the assessment of costs as provided under | ||||||
16 | Section 19.3 of this Act, with regard to any license for
any | ||||||
17 | one or combination of the following:
| ||||||
18 | (1) Material misstatement in furnishing information to | ||||||
19 | the Department;
| ||||||
20 | (2) Violations of this Act, or of the rules promulgated | ||||||
21 | thereunder;
| ||||||
22 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
23 | finding of guilt, jury verdict, or entry of judgment or | ||||||
24 | sentencing of any crime, including, but not limited to, | ||||||
25 | convictions, preceding sentences of supervision, |
| |||||||
| |||||||
1 | conditional discharge, or first offender probation, under | ||||||
2 | the laws of any jurisdiction of the United States that is | ||||||
3 | (i) a felony or (ii) a misdemeanor, an essential element of | ||||||
4 | which is dishonesty, or that is directly related to the | ||||||
5 | practice of the profession;
| ||||||
6 | (4) Fraud or any misrepresentation in applying for or | ||||||
7 | procuring a license under this Act, or in connection with | ||||||
8 | applying for renewal of a license under this Act;
| ||||||
9 | (5) Professional incompetence;
| ||||||
10 | (6) Aiding or assisting another person, firm, | ||||||
11 | partnership or
corporation in violating any provision of | ||||||
12 | this Act or rules;
| ||||||
13 | (7) Failing, within 60 days, to provide information in | ||||||
14 | response to a
written request made by the Department;
| ||||||
15 | (8) Engaging in dishonorable, unethical or | ||||||
16 | unprofessional conduct of a
character likely to deceive, | ||||||
17 | defraud or harm the public;
| ||||||
18 | (9) Habitual or excessive use or abuse of drugs defined | ||||||
19 | in law as controlled substances, alcohol, or any other | ||||||
20 | substance that results in the inability to practice with | ||||||
21 | reasonable judgment, skill, or safety;
| ||||||
22 | (10) Discipline by another state, unit of government, | ||||||
23 | government agency, the District of Columbia, a territory,
| ||||||
24 | or foreign nation, if at least one of the grounds for the | ||||||
25 | discipline is
the same or substantially equivalent to those | ||||||
26 | set forth herein;
|
| |||||||
| |||||||
1 | (11) Directly or indirectly giving to or receiving from | ||||||
2 | any person, firm,
corporation, partnership, or association | ||||||
3 | any fee, commission, rebate or other
form of compensation | ||||||
4 | for professional services not actually or personally
| ||||||
5 | rendered. Nothing in this paragraph (11) affects any bona | ||||||
6 | fide independent contractor or employment arrangements | ||||||
7 | among health care professionals, health facilities, health | ||||||
8 | care providers, or other entities, except as otherwise | ||||||
9 | prohibited by law. Any employment arrangements may include | ||||||
10 | provisions for compensation, health insurance, pension, or | ||||||
11 | other employment benefits for the provision of services | ||||||
12 | within the scope of the licensee's practice under this Act. | ||||||
13 | Nothing in this paragraph (11) shall be construed to | ||||||
14 | require an employment arrangement to receive professional | ||||||
15 | fees for services rendered;
| ||||||
16 | (12) A finding by the Department that the license | ||||||
17 | holder, after having his
license disciplined, has violated | ||||||
18 | the terms of the discipline;
| ||||||
19 | (13) Wilfully making or filing false records or reports | ||||||
20 | in the practice
of occupational therapy, including but not | ||||||
21 | limited to false records filed
with the State agencies or | ||||||
22 | departments;
| ||||||
23 | (14) Physical illness, including but not limited to, | ||||||
24 | deterioration through
the aging process, or loss of motor | ||||||
25 | skill which results in the inability
to practice under this | ||||||
26 | Act with reasonable judgment, skill, or safety;
|
| |||||||
| |||||||
1 | (15) Solicitation of professional services other than | ||||||
2 | by permitted
advertising;
| ||||||
3 | (16) Allowing one's license under this Act to be used | ||||||
4 | by an unlicensed person in violation of this Act;
| ||||||
5 | (17) Practicing under a false or, except as provided by | ||||||
6 | law, assumed name;
| ||||||
7 | (18) Professional incompetence or gross negligence;
| ||||||
8 | (19) Malpractice;
| ||||||
9 | (20) Promotion of the sale of drugs, devices, | ||||||
10 | appliances, or goods provided for a patient in any manner | ||||||
11 | to exploit the client for financial gain of the licensee;
| ||||||
12 | (21) Gross, willful, or continued overcharging for | ||||||
13 | professional services;
| ||||||
14 | (22) Mental illness or disability that results in the | ||||||
15 | inability to practice under this Act with reasonable | ||||||
16 | judgment, skill, or safety;
| ||||||
17 | (23) Violating the Health Care Worker Self-Referral | ||||||
18 | Act;
| ||||||
19 | (24) Having treated patients other than by the practice | ||||||
20 | of occupational
therapy as defined in this Act, or having | ||||||
21 | treated patients as a licensed
occupational therapist | ||||||
22 | independent of a referral from a physician, advanced | ||||||
23 | practice registered nurse or physician assistant in | ||||||
24 | accordance with Section 3.1, dentist,
podiatric physician, | ||||||
25 | or optometrist, or having failed to notify the physician,
| ||||||
26 | advanced practice registered nurse, physician assistant,
|
| |||||||
| |||||||
1 | dentist, podiatric physician, or optometrist who | ||||||
2 | established a diagnosis that the
patient is
receiving | ||||||
3 | occupational therapy pursuant to that diagnosis;
| ||||||
4 | (25) Cheating on or attempting to subvert the licensing | ||||||
5 | examination administered under this Act; and | ||||||
6 | (26) Charging for professional services not rendered, | ||||||
7 | including filing false statements for the collection of | ||||||
8 | fees for which services are not rendered. | ||||||
9 | All fines imposed under this Section shall be paid within | ||||||
10 | 60 days after the effective date of the order imposing the fine | ||||||
11 | or in accordance with the terms set forth in the order imposing | ||||||
12 | the fine. | ||||||
13 | (b) The determination by a circuit court that a license | ||||||
14 | holder is subject
to involuntary admission or judicial | ||||||
15 | admission as provided in the Mental
Health and Developmental | ||||||
16 | Disabilities Code, as now or hereafter amended,
operates as an | ||||||
17 | automatic suspension. Such suspension will end only upon
a | ||||||
18 | finding by a court that the patient is no longer subject to | ||||||
19 | involuntary
admission or judicial admission and an order by the | ||||||
20 | court so finding and
discharging the patient. In any case where | ||||||
21 | a license is suspended under this provision, the licensee shall | ||||||
22 | file a petition for restoration and shall include evidence | ||||||
23 | acceptable to the Department that the licensee can resume | ||||||
24 | practice in compliance with acceptable and prevailing | ||||||
25 | standards of their profession.
| ||||||
26 | (c) The Department may refuse to issue or may suspend |
| |||||||
| |||||||
1 | without hearing, as provided for in the Code of Civil | ||||||
2 | Procedure,
the license of any person who fails to file a | ||||||
3 | return, to pay the tax, penalty,
or interest
shown in a filed | ||||||
4 | return, or to pay any final assessment of tax, penalty, or
| ||||||
5 | interest as
required by any tax Act administered by the | ||||||
6 | Illinois Department of Revenue, until such
time as
the | ||||||
7 | requirements of any such tax Act are satisfied in accordance | ||||||
8 | with subsection (a) of Section 2105-15 of the Department of | ||||||
9 | Professional Regulation Law of the Civil Administrative Code of | ||||||
10 | Illinois.
| ||||||
11 | (d) In enforcing this Section, the Department, upon a | ||||||
12 | showing of a possible violation, may compel any individual who | ||||||
13 | is licensed under this Act or any individual who has applied | ||||||
14 | for licensure to submit to a mental or physical examination or | ||||||
15 | evaluation, or both, which may include a substance abuse or | ||||||
16 | sexual offender evaluation, at the expense of the Department. | ||||||
17 | The Department shall specifically designate the examining | ||||||
18 | physician licensed to practice medicine in all of its branches | ||||||
19 | or, if applicable, the multidisciplinary team involved in | ||||||
20 | providing the mental or physical examination and evaluation. | ||||||
21 | The multidisciplinary team shall be led by a physician licensed | ||||||
22 | to practice medicine in all of its branches and may consist of | ||||||
23 | one or more or a combination of physicians licensed to practice | ||||||
24 | medicine in all of its branches, licensed chiropractic | ||||||
25 | physicians, licensed clinical psychologists, licensed clinical | ||||||
26 | social workers, licensed clinical professional counselors, and |
| |||||||
| |||||||
1 | other professional and administrative staff. Any examining | ||||||
2 | physician or member of the multidisciplinary team may require | ||||||
3 | any person ordered to submit to an examination and evaluation | ||||||
4 | pursuant to this Section to submit to any additional | ||||||
5 | supplemental testing deemed necessary to complete any | ||||||
6 | examination or evaluation process, including, but not limited | ||||||
7 | to, blood testing, urinalysis, psychological testing, or | ||||||
8 | neuropsychological testing. | ||||||
9 | The Department may order the examining physician or any | ||||||
10 | member of the multidisciplinary team to provide to the | ||||||
11 | Department any and all records, including business records, | ||||||
12 | that relate to the examination and evaluation, including any | ||||||
13 | supplemental testing performed. The Department may order the | ||||||
14 | examining physician or any member of the multidisciplinary team | ||||||
15 | to present testimony concerning this examination and | ||||||
16 | evaluation of the licensee or applicant, including testimony | ||||||
17 | concerning any supplemental testing or documents relating to | ||||||
18 | the examination and evaluation. No information, report, | ||||||
19 | record, or other documents in any way related to the | ||||||
20 | examination and evaluation shall be excluded by reason of any | ||||||
21 | common law or statutory privilege relating to communication | ||||||
22 | between the licensee or applicant and the examining physician | ||||||
23 | or any member of the multidisciplinary team. No authorization | ||||||
24 | is necessary from the licensee or applicant ordered to undergo | ||||||
25 | an evaluation and examination for the examining physician or | ||||||
26 | any member of the multidisciplinary team to provide |
| |||||||
| |||||||
1 | information, reports, records, or other documents or to provide | ||||||
2 | any testimony regarding the examination and evaluation. The | ||||||
3 | individual to be examined may have, at his or her own expense, | ||||||
4 | another physician of his or her choice present during all | ||||||
5 | aspects of the examination. | ||||||
6 | Failure of any individual to submit to mental or physical | ||||||
7 | examination or evaluation, or both, when directed, shall result | ||||||
8 | in an automatic suspension without hearing, until such time as | ||||||
9 | the individual submits to the examination. If the Department | ||||||
10 | finds a licensee unable to practice because of the reasons set | ||||||
11 | forth in this Section, the Department shall require the | ||||||
12 | licensee to submit to care, counseling, or treatment by | ||||||
13 | physicians approved or designated by the Department as a | ||||||
14 | condition for continued, reinstated, or renewed licensure. | ||||||
15 | When the Secretary immediately suspends a license under | ||||||
16 | this Section, a hearing upon such person's license must be | ||||||
17 | convened by the Department within 15 days after the suspension | ||||||
18 | and completed without appreciable delay. The Department shall | ||||||
19 | have the authority to review the licensee's record of treatment | ||||||
20 | and counseling regarding the impairment to the extent permitted | ||||||
21 | by applicable federal statutes and regulations safeguarding | ||||||
22 | the confidentiality of medical records. | ||||||
23 | Individuals licensed under this Act that are affected under | ||||||
24 | this Section, shall be afforded an opportunity to demonstrate | ||||||
25 | to the Department that they can resume practice in compliance | ||||||
26 | with acceptable and prevailing standards under the provisions |
| |||||||
| |||||||
1 | of their license.
| ||||||
2 | (e) The Department shall deny a license or renewal | ||||||
3 | authorized by this Act to a person who has defaulted on an | ||||||
4 | educational loan or scholarship provided or guaranteed by the | ||||||
5 | Illinois Student Assistance Commission or any governmental | ||||||
6 | agency of this State in accordance with paragraph (5) of | ||||||
7 | subsection (a) of Section 2105-15 of the Department of | ||||||
8 | Professional Regulation Law of the Civil Administrative Code of | ||||||
9 | Illinois. | ||||||
10 | (f) In cases where the Department of Healthcare and Family | ||||||
11 | Services has previously determined a licensee or a potential | ||||||
12 | licensee is more than 30 days delinquent in the payment of | ||||||
13 | child support and has subsequently certified the delinquency to | ||||||
14 | the Department, the Department may refuse to issue or renew or | ||||||
15 | may revoke or suspend that person's license or may take other | ||||||
16 | disciplinary action against that person based solely upon the | ||||||
17 | certification of delinquency made by the Department of | ||||||
18 | Healthcare and Family Services in accordance with paragraph (5) | ||||||
19 | of subsection (a) of Section 2105-15 of the Department of | ||||||
20 | Professional Regulation Law of the Civil Administrative Code of | ||||||
21 | Illinois. | ||||||
22 | (Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13; | ||||||
23 | 98-756, eff. 7-16-14.)
| ||||||
24 | Section 175. The Orthotics, Prosthetics, and Pedorthics | ||||||
25 | Practice Act is amended by changing Sections 15 and 57 as |
| |||||||
| |||||||
1 | follows:
| ||||||
2 | (225 ILCS 84/15)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
4 | Sec. 15. Exceptions. This Act shall not be construed to | ||||||
5 | prohibit:
| ||||||
6 | (1) a physician licensed in this State
from engaging in the | ||||||
7 | practice for which he or she is licensed;
| ||||||
8 | (2) a person licensed in this State under any other Act | ||||||
9 | from engaging in the
practice for which he or she is licensed;
| ||||||
10 | (3) the practice of orthotics, prosthetics, or pedorthics | ||||||
11 | by a person who is
employed by the federal government or any | ||||||
12 | bureau, division, or agency of the
federal
government while in | ||||||
13 | the discharge of the employee's official duties;
| ||||||
14 | (4) the practice of orthotics, prosthetics, or pedorthics | ||||||
15 | by (i) a student
enrolled in a school of orthotics, | ||||||
16 | prosthetics, or pedorthics, (ii) a
resident continuing
his or | ||||||
17 | her clinical education in a residency accredited by the | ||||||
18 | National
Commission on
Orthotic and Prosthetic Education, or | ||||||
19 | (iii) a student in a qualified work
experience
program or | ||||||
20 | internship in pedorthics;
| ||||||
21 | (5) the practice of orthotics, prosthetics, or pedorthics | ||||||
22 | by one who is an
orthotist, prosthetist, or pedorthist licensed | ||||||
23 | under the laws of another state
or territory
of the United | ||||||
24 | States or another country and has applied in writing to the
| ||||||
25 | Department, in
a form and substance satisfactory to the |
| |||||||
| |||||||
1 | Department, for a license as
orthotist,
prosthetist, or | ||||||
2 | pedorthist and who is qualified to receive the license under
| ||||||
3 | Section 40
until (i) the expiration of 6 months after the | ||||||
4 | filing of the written
application, (ii) the
withdrawal of the | ||||||
5 | application, or (iii) the denial of the application by the
| ||||||
6 | Department;
| ||||||
7 | (6) a person licensed by this State as a physical | ||||||
8 | therapist, occupational
therapist, or advanced practice | ||||||
9 | registered nurse from engaging in his or her profession; or
| ||||||
10 | (7) a physician licensed under the Podiatric Medical | ||||||
11 | Practice Act of 1987
from engaging in his or her profession.
| ||||||
12 | (Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||||||
13 | (225 ILCS 84/57)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
15 | Sec. 57. Limitation on provision of care and services. A
| ||||||
16 | licensed orthotist, prosthetist, or pedorthist may provide | ||||||
17 | care or services only if the care
or services are provided | ||||||
18 | pursuant to an order from (i) a licensed physician, (ii) a | ||||||
19 | licensed podiatric physician, (iii) a licensed advanced | ||||||
20 | practice registered nurse, or (iv) a licensed physician | ||||||
21 | assistant. A licensed podiatric physician or advanced practice | ||||||
22 | registered nurse collaborating with a podiatric physician may | ||||||
23 | only order care or services concerning the foot from a licensed | ||||||
24 | prosthetist.
| ||||||
25 | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
|
| |||||||
| |||||||
1 | Section 180. The Pharmacy Practice Act is amended by | ||||||
2 | changing Sections 3, 4, and 16b as follows:
| ||||||
3 | (225 ILCS 85/3)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
5 | Sec. 3. Definitions. For the purpose of this Act, except | ||||||
6 | where otherwise
limited therein:
| ||||||
7 | (a) "Pharmacy" or "drugstore" means and includes every | ||||||
8 | store, shop,
pharmacy department, or other place where | ||||||
9 | pharmacist
care is
provided
by a pharmacist (1) where drugs, | ||||||
10 | medicines, or poisons are
dispensed, sold or
offered for sale | ||||||
11 | at retail, or displayed for sale at retail; or
(2)
where
| ||||||
12 | prescriptions of physicians, dentists, advanced practice | ||||||
13 | registered nurses, physician assistants, veterinarians, | ||||||
14 | podiatric physicians, or
optometrists, within the limits of | ||||||
15 | their
licenses, are
compounded, filled, or dispensed; or (3) | ||||||
16 | which has upon it or
displayed within
it, or affixed to or used | ||||||
17 | in connection with it, a sign bearing the word or
words | ||||||
18 | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", | ||||||
19 | "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", | ||||||
20 | "Drugs", "Dispensary", "Medicines", or any word
or words of | ||||||
21 | similar or like import, either in the English language
or any | ||||||
22 | other language; or (4) where the characteristic prescription
| ||||||
23 | sign (Rx) or similar design is exhibited; or (5) any store, or
| ||||||
24 | shop,
or other place with respect to which any of the above |
| |||||||
| |||||||
1 | words, objects,
signs or designs are used in any advertisement.
| ||||||
2 | (b) "Drugs" means and includes (1) articles recognized
in | ||||||
3 | the official United States Pharmacopoeia/National Formulary | ||||||
4 | (USP/NF),
or any supplement thereto and being intended for and | ||||||
5 | having for their
main use the diagnosis, cure, mitigation, | ||||||
6 | treatment or prevention of
disease in man or other animals, as | ||||||
7 | approved by the United States Food and
Drug Administration, but | ||||||
8 | does not include devices or their components, parts,
or | ||||||
9 | accessories; and (2) all other articles intended
for and having | ||||||
10 | for their main use the diagnosis, cure, mitigation,
treatment | ||||||
11 | or prevention of disease in man or other animals, as approved
| ||||||
12 | by the United States Food and Drug Administration, but does not | ||||||
13 | include
devices or their components, parts, or accessories; and | ||||||
14 | (3) articles
(other than food) having for their main use and | ||||||
15 | intended
to affect the structure or any function of the body of | ||||||
16 | man or other
animals; and (4) articles having for their main | ||||||
17 | use and intended
for use as a component or any articles | ||||||
18 | specified in clause (1), (2)
or (3); but does not include | ||||||
19 | devices or their components, parts or
accessories.
| ||||||
20 | (c) "Medicines" means and includes all drugs intended for
| ||||||
21 | human or veterinary use approved by the United States Food and | ||||||
22 | Drug
Administration.
| ||||||
23 | (d) "Practice of pharmacy" means (1) the interpretation and | ||||||
24 | the provision of assistance in the monitoring, evaluation, and | ||||||
25 | implementation of prescription drug orders; (2) the dispensing | ||||||
26 | of prescription drug orders; (3) participation in drug and |
| |||||||
| |||||||
1 | device selection; (4) drug administration limited to the | ||||||
2 | administration of oral, topical, injectable, and inhalation as | ||||||
3 | follows: in the context of patient education on the proper use | ||||||
4 | or delivery of medications; vaccination of patients 14 years of | ||||||
5 | age and older pursuant to a valid prescription or standing | ||||||
6 | order, by a physician licensed to practice medicine in all its | ||||||
7 | branches, upon completion of appropriate training, including | ||||||
8 | how to address contraindications and adverse reactions set | ||||||
9 | forth by rule, with notification to the patient's physician and | ||||||
10 | appropriate record retention, or pursuant to hospital pharmacy | ||||||
11 | and therapeutics committee policies and procedures; (5) | ||||||
12 | vaccination of patients ages 10 through 13 limited to the | ||||||
13 | Influenza (inactivated influenza vaccine and live attenuated | ||||||
14 | influenza intranasal vaccine) and Tdap (defined as tetanus, | ||||||
15 | diphtheria, acellular pertussis) vaccines, pursuant to a valid | ||||||
16 | prescription or standing order, by a physician licensed to | ||||||
17 | practice medicine in all its branches, upon completion of | ||||||
18 | appropriate training, including how to address | ||||||
19 | contraindications and adverse reactions set forth by rule, with | ||||||
20 | notification to the patient's physician and appropriate record | ||||||
21 | retention, or pursuant to hospital pharmacy and therapeutics | ||||||
22 | committee policies and procedures; (6) drug regimen review; (7) | ||||||
23 | drug or drug-related research; (8) the provision of patient | ||||||
24 | counseling; (9) the practice of telepharmacy; (10) the | ||||||
25 | provision of those acts or services necessary to provide | ||||||
26 | pharmacist care; (11) medication therapy management; and (12) |
| |||||||
| |||||||
1 | the responsibility for compounding and labeling of drugs and | ||||||
2 | devices (except labeling by a manufacturer, repackager, or | ||||||
3 | distributor of non-prescription drugs and commercially | ||||||
4 | packaged legend drugs and devices), proper and safe storage of | ||||||
5 | drugs and devices, and maintenance of required records. A | ||||||
6 | pharmacist who performs any of the acts defined as the practice | ||||||
7 | of pharmacy in this State must be actively licensed as a | ||||||
8 | pharmacist under this Act.
| ||||||
9 | (e) "Prescription" means and includes any written, oral, | ||||||
10 | facsimile, or
electronically transmitted order for drugs
or | ||||||
11 | medical devices, issued by a physician licensed to practice | ||||||
12 | medicine in
all its branches, dentist, veterinarian, podiatric | ||||||
13 | physician, or
optometrist, within the
limits of their licenses, | ||||||
14 | by a physician assistant in accordance with
subsection (f) of | ||||||
15 | Section 4, or by an advanced practice registered nurse in
| ||||||
16 | accordance with subsection (g) of Section 4, containing the
| ||||||
17 | following: (1) name
of the patient; (2) date when prescription | ||||||
18 | was issued; (3) name
and strength of drug or description of the | ||||||
19 | medical device prescribed;
and (4) quantity; (5) directions for | ||||||
20 | use; (6) prescriber's name,
address,
and signature; and (7) DEA | ||||||
21 | number where required, for controlled
substances.
The | ||||||
22 | prescription may, but is not required to, list the illness, | ||||||
23 | disease, or condition for which the drug or device is being | ||||||
24 | prescribed. DEA numbers shall not be required on inpatient drug | ||||||
25 | orders.
| ||||||
26 | (f) "Person" means and includes a natural person, |
| |||||||
| |||||||
1 | copartnership,
association, corporation, government entity, or | ||||||
2 | any other legal
entity.
| ||||||
3 | (g) "Department" means the Department of Financial and
| ||||||
4 | Professional Regulation.
| ||||||
5 | (h) "Board of Pharmacy" or "Board" means the State Board
of | ||||||
6 | Pharmacy of the Department of Financial and Professional | ||||||
7 | Regulation.
| ||||||
8 | (i) "Secretary"
means the Secretary
of Financial and | ||||||
9 | Professional Regulation.
| ||||||
10 | (j) "Drug product selection" means the interchange for a
| ||||||
11 | prescribed pharmaceutical product in accordance with Section | ||||||
12 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
13 | Cosmetic Act.
| ||||||
14 | (k) "Inpatient drug order" means an order issued by an | ||||||
15 | authorized
prescriber for a resident or patient of a facility | ||||||
16 | licensed under the
Nursing Home Care Act, the ID/DD Community | ||||||
17 | Care Act, the MC/DD Act, the Specialized Mental Health | ||||||
18 | Rehabilitation Act of 2013, or the Hospital Licensing Act, or | ||||||
19 | "An Act in relation to
the founding and operation of the | ||||||
20 | University of Illinois Hospital and the
conduct of University | ||||||
21 | of Illinois health care programs", approved July 3, 1931,
as | ||||||
22 | amended, or a facility which is operated by the Department of | ||||||
23 | Human
Services (as successor to the Department of Mental Health
| ||||||
24 | and Developmental Disabilities) or the Department of | ||||||
25 | Corrections.
| ||||||
26 | (k-5) "Pharmacist" means an individual health care |
| |||||||
| |||||||
1 | professional and
provider currently licensed by this State to | ||||||
2 | engage in the practice of
pharmacy.
| ||||||
3 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
4 | whose name appears
on a pharmacy license and who is responsible | ||||||
5 | for all aspects of the
operation related to the practice of | ||||||
6 | pharmacy.
| ||||||
7 | (m) "Dispense" or "dispensing" means the interpretation, | ||||||
8 | evaluation, and implementation of a prescription drug order, | ||||||
9 | including the preparation and delivery of a drug or device to a | ||||||
10 | patient or patient's agent in a suitable container | ||||||
11 | appropriately labeled for subsequent administration to or use | ||||||
12 | by a patient in accordance with applicable State and federal | ||||||
13 | laws and regulations.
"Dispense" or "dispensing" does not mean | ||||||
14 | the physical delivery to a patient or a
patient's | ||||||
15 | representative in a home or institution by a designee of a | ||||||
16 | pharmacist
or by common carrier. "Dispense" or "dispensing" | ||||||
17 | also does not mean the physical delivery
of a drug or medical | ||||||
18 | device to a patient or patient's representative by a
| ||||||
19 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
20 | pharmacist is
on duty and the pharmacy is open.
| ||||||
21 | (n) "Nonresident pharmacy"
means a pharmacy that is located | ||||||
22 | in a state, commonwealth, or territory
of the United States, | ||||||
23 | other than Illinois, that delivers, dispenses, or
distributes, | ||||||
24 | through the United States Postal Service, commercially | ||||||
25 | acceptable parcel delivery service, or other common
carrier, to | ||||||
26 | Illinois residents, any substance which requires a |
| |||||||
| |||||||
1 | prescription.
| ||||||
2 | (o) "Compounding" means the preparation and mixing of | ||||||
3 | components, excluding flavorings, (1) as the result of a | ||||||
4 | prescriber's prescription drug order or initiative based on the | ||||||
5 | prescriber-patient-pharmacist relationship in the course of | ||||||
6 | professional practice or (2) for the purpose of, or incident | ||||||
7 | to, research, teaching, or chemical analysis and not for sale | ||||||
8 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
9 | or devices in anticipation of receiving prescription drug | ||||||
10 | orders based on routine, regularly observed dispensing | ||||||
11 | patterns. Commercially available products may be compounded | ||||||
12 | for dispensing to individual patients only if all of the | ||||||
13 | following conditions are met: (i) the commercial product is not | ||||||
14 | reasonably available from normal distribution channels in a | ||||||
15 | timely manner to meet the patient's needs and (ii) the | ||||||
16 | prescribing practitioner has requested that the drug be | ||||||
17 | compounded.
| ||||||
18 | (p) (Blank).
| ||||||
19 | (q) (Blank).
| ||||||
20 | (r) "Patient counseling" means the communication between a | ||||||
21 | pharmacist or a student pharmacist under the supervision of a | ||||||
22 | pharmacist and a patient or the patient's representative about | ||||||
23 | the patient's medication or device for the purpose of | ||||||
24 | optimizing proper use of prescription medications or devices. | ||||||
25 | "Patient counseling" may include without limitation (1) | ||||||
26 | obtaining a medication history; (2) acquiring a patient's |
| |||||||
| |||||||
1 | allergies and health conditions; (3) facilitation of the | ||||||
2 | patient's understanding of the intended use of the medication; | ||||||
3 | (4) proper directions for use; (5) significant potential | ||||||
4 | adverse events; (6) potential food-drug interactions; and (7) | ||||||
5 | the need to be compliant with the medication therapy. A | ||||||
6 | pharmacy technician may only participate in the following | ||||||
7 | aspects of patient counseling under the supervision of a | ||||||
8 | pharmacist: (1) obtaining medication history; (2) providing | ||||||
9 | the offer for counseling by a pharmacist or student pharmacist; | ||||||
10 | and (3) acquiring a patient's allergies and health conditions.
| ||||||
11 | (s) "Patient profiles" or "patient drug therapy record" | ||||||
12 | means the
obtaining, recording, and maintenance of patient | ||||||
13 | prescription
information, including prescriptions for | ||||||
14 | controlled substances, and
personal information.
| ||||||
15 | (t) (Blank).
| ||||||
16 | (u) "Medical device" means an instrument, apparatus, | ||||||
17 | implement, machine,
contrivance, implant, in vitro reagent, or | ||||||
18 | other similar or related article,
including any component part | ||||||
19 | or accessory, required under federal law to
bear the label | ||||||
20 | "Caution: Federal law requires dispensing by or on the order
of | ||||||
21 | a physician". A seller of goods and services who, only for the | ||||||
22 | purpose of
retail sales, compounds, sells, rents, or leases | ||||||
23 | medical devices shall not,
by reasons thereof, be required to | ||||||
24 | be a licensed pharmacy.
| ||||||
25 | (v) "Unique identifier" means an electronic signature, | ||||||
26 | handwritten
signature or initials, thumb print, or other |
| |||||||
| |||||||
1 | acceptable biometric
or electronic identification process as | ||||||
2 | approved by the Department.
| ||||||
3 | (w) "Current usual and customary retail price" means the | ||||||
4 | price that a pharmacy charges to a non-third-party payor.
| ||||||
5 | (x) "Automated pharmacy system" means a mechanical system | ||||||
6 | located within the confines of the pharmacy or remote location | ||||||
7 | that performs operations or activities, other than compounding | ||||||
8 | or administration, relative to storage, packaging, dispensing, | ||||||
9 | or distribution of medication, and which collects, controls, | ||||||
10 | and maintains all transaction information. | ||||||
11 | (y) "Drug regimen review" means and includes the evaluation | ||||||
12 | of prescription drug orders and patient records for (1)
known | ||||||
13 | allergies; (2) drug or potential therapy contraindications;
| ||||||
14 | (3) reasonable dose, duration of use, and route of | ||||||
15 | administration, taking into consideration factors such as age, | ||||||
16 | gender, and contraindications; (4) reasonable directions for | ||||||
17 | use; (5) potential or actual adverse drug reactions; (6) | ||||||
18 | drug-drug interactions; (7) drug-food interactions; (8) | ||||||
19 | drug-disease contraindications; (9) therapeutic duplication; | ||||||
20 | (10) patient laboratory values when authorized and available; | ||||||
21 | (11) proper utilization (including over or under utilization) | ||||||
22 | and optimum therapeutic outcomes; and (12) abuse and misuse.
| ||||||
23 | (z) "Electronic transmission prescription" means any | ||||||
24 | prescription order for which a facsimile or electronic image of | ||||||
25 | the order is electronically transmitted from a licensed | ||||||
26 | prescriber to a pharmacy. "Electronic transmission |
| |||||||
| |||||||
1 | prescription" includes both data and image prescriptions.
| ||||||
2 | (aa) "Medication therapy management services" means a | ||||||
3 | distinct service or group of services offered by licensed | ||||||
4 | pharmacists, physicians licensed to practice medicine in all | ||||||
5 | its branches, advanced practice registered nurses authorized | ||||||
6 | in a written agreement with a physician licensed to practice | ||||||
7 | medicine in all its branches, or physician assistants | ||||||
8 | authorized in guidelines by a supervising physician that | ||||||
9 | optimize therapeutic outcomes for individual patients through | ||||||
10 | improved medication use. In a retail or other non-hospital | ||||||
11 | pharmacy, medication therapy management services shall consist | ||||||
12 | of the evaluation of prescription drug orders and patient | ||||||
13 | medication records to resolve conflicts with the following: | ||||||
14 | (1) known allergies; | ||||||
15 | (2) drug or potential therapy contraindications; | ||||||
16 | (3) reasonable dose, duration of use, and route of | ||||||
17 | administration, taking into consideration factors such as | ||||||
18 | age, gender, and contraindications; | ||||||
19 | (4) reasonable directions for use; | ||||||
20 | (5) potential or actual adverse drug reactions; | ||||||
21 | (6) drug-drug interactions; | ||||||
22 | (7) drug-food interactions; | ||||||
23 | (8) drug-disease contraindications; | ||||||
24 | (9) identification of therapeutic duplication; | ||||||
25 | (10) patient laboratory values when authorized and | ||||||
26 | available; |
| |||||||
| |||||||
1 | (11) proper utilization (including over or under | ||||||
2 | utilization) and optimum therapeutic outcomes; and | ||||||
3 | (12) drug abuse and misuse. | ||||||
4 | "Medication therapy management services" includes the | ||||||
5 | following: | ||||||
6 | (1) documenting the services delivered and | ||||||
7 | communicating the information provided to patients' | ||||||
8 | prescribers within an appropriate time frame, not to exceed | ||||||
9 | 48 hours; | ||||||
10 | (2) providing patient counseling designed to enhance a | ||||||
11 | patient's understanding and the appropriate use of his or | ||||||
12 | her medications; and | ||||||
13 | (3) providing information, support services, and | ||||||
14 | resources designed to enhance a patient's adherence with | ||||||
15 | his or her prescribed therapeutic regimens. | ||||||
16 | "Medication therapy management services" may also include | ||||||
17 | patient care functions authorized by a physician licensed to | ||||||
18 | practice medicine in all its branches for his or her identified | ||||||
19 | patient or groups of patients under specified conditions or | ||||||
20 | limitations in a standing order from the physician. | ||||||
21 | "Medication therapy management services" in a licensed | ||||||
22 | hospital may also include the following: | ||||||
23 | (1) reviewing assessments of the patient's health | ||||||
24 | status; and | ||||||
25 | (2) following protocols of a hospital pharmacy and | ||||||
26 | therapeutics committee with respect to the fulfillment of |
| |||||||
| |||||||
1 | medication orders.
| ||||||
2 | (bb) "Pharmacist care" means the provision by a pharmacist | ||||||
3 | of medication therapy management services, with or without the | ||||||
4 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
5 | that improve patient health, quality of life, and comfort and | ||||||
6 | enhance patient safety.
| ||||||
7 | (cc) "Protected health information" means individually | ||||||
8 | identifiable health information that, except as otherwise | ||||||
9 | provided, is:
| ||||||
10 | (1) transmitted by electronic media; | ||||||
11 | (2) maintained in any medium set forth in the | ||||||
12 | definition of "electronic media" in the federal Health | ||||||
13 | Insurance Portability and Accountability Act; or | ||||||
14 | (3) transmitted or maintained in any other form or | ||||||
15 | medium. | ||||||
16 | "Protected health information" does not include | ||||||
17 | individually identifiable health information found in: | ||||||
18 | (1) education records covered by the federal Family | ||||||
19 | Educational Right and Privacy Act; or | ||||||
20 | (2) employment records held by a licensee in its role | ||||||
21 | as an employer. | ||||||
22 | (dd) "Standing order" means a specific order for a patient | ||||||
23 | or group of patients issued by a physician licensed to practice | ||||||
24 | medicine in all its branches in Illinois. | ||||||
25 | (ee) "Address of record" means the address recorded by the | ||||||
26 | Department in the applicant's or licensee's application file or |
| |||||||
| |||||||
1 | license file, as maintained by the Department's licensure | ||||||
2 | maintenance unit. | ||||||
3 | (ff) "Home pharmacy" means the location of a pharmacy's | ||||||
4 | primary operations.
| ||||||
5 | (Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13; | ||||||
6 | 98-756, eff. 7-16-14; 99-180, eff. 7-29-15 .)
| ||||||
7 | (225 ILCS 85/4) (from Ch. 111, par. 4124)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
9 | Sec. 4. Exemptions. Nothing contained in any Section of | ||||||
10 | this Act shall
apply
to, or in any manner interfere with:
| ||||||
11 | (a) the lawful practice of any physician licensed to | ||||||
12 | practice medicine in
all of its branches, dentist, podiatric | ||||||
13 | physician,
veterinarian, or therapeutically or diagnostically | ||||||
14 | certified optometrist within
the limits of
his or her license, | ||||||
15 | or prevent him or her from
supplying to his
or her
bona fide | ||||||
16 | patients
such drugs, medicines, or poisons as may seem to him | ||||||
17 | appropriate;
| ||||||
18 | (b) the sale of compressed gases;
| ||||||
19 | (c) the sale of patent or proprietary medicines and | ||||||
20 | household remedies
when sold in original and unbroken packages | ||||||
21 | only, if such patent or
proprietary medicines and household | ||||||
22 | remedies be properly and adequately
labeled as to content and | ||||||
23 | usage and generally considered and accepted
as harmless and | ||||||
24 | nonpoisonous when used according to the directions
on the | ||||||
25 | label, and also do not contain opium or coca leaves, or any
|
| |||||||
| |||||||
1 | compound, salt or derivative thereof, or any drug which, | ||||||
2 | according
to the latest editions of the following authoritative | ||||||
3 | pharmaceutical
treatises and standards, namely, The United | ||||||
4 | States Pharmacopoeia/National
Formulary (USP/NF), the United | ||||||
5 | States Dispensatory, and the Accepted
Dental Remedies of the | ||||||
6 | Council of Dental Therapeutics of the American
Dental | ||||||
7 | Association or any or either of them, in use on the effective
| ||||||
8 | date of this Act, or according to the existing provisions of | ||||||
9 | the Federal
Food, Drug, and Cosmetic Act and Regulations of the | ||||||
10 | Department of Health
and Human Services, Food and Drug | ||||||
11 | Administration, promulgated thereunder
now in effect, is | ||||||
12 | designated, described or considered as a narcotic,
hypnotic, | ||||||
13 | habit forming, dangerous, or poisonous drug;
| ||||||
14 | (d) the sale of poultry and livestock remedies in original | ||||||
15 | and unbroken
packages only, labeled for poultry and livestock | ||||||
16 | medication;
| ||||||
17 | (e) the sale of poisonous substances or mixture of | ||||||
18 | poisonous substances,
in unbroken packages, for nonmedicinal | ||||||
19 | use in the arts or industries
or for insecticide purposes; | ||||||
20 | provided, they are properly and adequately
labeled as to | ||||||
21 | content and such nonmedicinal usage, in conformity
with the | ||||||
22 | provisions of all applicable federal, state and local laws
and | ||||||
23 | regulations promulgated thereunder now in effect relating | ||||||
24 | thereto
and governing the same, and those which are required | ||||||
25 | under such applicable
laws and regulations to be labeled with | ||||||
26 | the word "Poison", are also labeled
with the word "Poison" |
| |||||||
| |||||||
1 | printed
thereon in prominent type and the name of a readily | ||||||
2 | obtainable antidote
with directions for its administration;
| ||||||
3 | (f) the delegation of limited prescriptive authority by a | ||||||
4 | physician
licensed to
practice medicine in all its branches to | ||||||
5 | a physician assistant
under Section 7.5 of the Physician | ||||||
6 | Assistant Practice Act of 1987. This
delegated authority under | ||||||
7 | Section 7.5 of the Physician Assistant Practice Act of 1987 | ||||||
8 | may, but is not required to, include prescription of
controlled | ||||||
9 | substances, as defined in Article II of the
Illinois Controlled | ||||||
10 | Substances Act, in accordance with a written supervision | ||||||
11 | agreement; and
| ||||||
12 | (g) the delegation of prescriptive authority by a physician
| ||||||
13 | licensed to practice medicine in all its branches or a licensed | ||||||
14 | podiatric physician to an advanced practice registered
nurse in | ||||||
15 | accordance with a written collaborative
agreement under | ||||||
16 | Sections 65-35 and 65-40 of the Nurse Practice Act.
| ||||||
17 | (Source: P.A. 98-214, eff. 8-9-13.)
| ||||||
18 | (225 ILCS 85/16b) | ||||||
19 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
20 | Sec. 16b. Prescription pick up and drop off. Nothing | ||||||
21 | contained in this Act shall prohibit a pharmacist or pharmacy, | ||||||
22 | by means of its employee or by use of a common carrier or the | ||||||
23 | U.S. mail, at the request of the patient, from picking up | ||||||
24 | prescription orders from the prescriber or delivering | ||||||
25 | prescription drugs to the patient or the patient's agent, |
| |||||||
| |||||||
1 | including an advanced practice registered nurse, practical | ||||||
2 | nurse, or registered nurse licensed under the Nurse Practice | ||||||
3 | Act, or a physician assistant licensed under the Physician | ||||||
4 | Assistant Practice Act of 1987, who provides hospice services | ||||||
5 | to a hospice patient or who provides home health services to a | ||||||
6 | person, at the residence or place of employment of the person | ||||||
7 | for whom the prescription was issued or at the hospital or | ||||||
8 | medical care facility in which the patient is confined. | ||||||
9 | Conversely, the patient or patient's agent may drop off | ||||||
10 | prescriptions at a designated area. In this Section, "home | ||||||
11 | health services" has the meaning ascribed to it in the Home | ||||||
12 | Health, Home Services, and Home Nursing Agency Licensing Act; | ||||||
13 | and "hospice patient" and "hospice services" have the meanings | ||||||
14 | ascribed to them in the Hospice Program Licensing Act.
| ||||||
15 | (Source: P.A. 99-163, eff. 1-1-16 .) | ||||||
16 | Section 185. The Illinois Physical Therapy Act is amended | ||||||
17 | by changing Sections 1 and 17 as follows:
| ||||||
18 | (225 ILCS 90/1) (from Ch. 111, par. 4251)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
20 | Sec. 1. Definitions. As used in this Act:
| ||||||
21 | (1) "Physical therapy" means all of the following: | ||||||
22 | (A) Examining, evaluating, and testing individuals who | ||||||
23 | may have mechanical, physiological, or developmental | ||||||
24 | impairments, functional limitations, disabilities, or |
| |||||||
| |||||||
1 | other health and movement-related conditions, classifying | ||||||
2 | these disorders, determining a rehabilitation prognosis | ||||||
3 | and plan of therapeutic intervention, and assessing the | ||||||
4 | on-going effects of the interventions. | ||||||
5 | (B) Alleviating impairments, functional limitations, | ||||||
6 | or disabilities by designing, implementing, and modifying | ||||||
7 | therapeutic interventions that may include, but are not | ||||||
8 | limited to, the evaluation or treatment of a person through | ||||||
9 | the use of the effective properties of physical measures | ||||||
10 | and heat, cold, light, water, radiant energy, electricity, | ||||||
11 | sound, and air and use of therapeutic massage, therapeutic | ||||||
12 | exercise, mobilization, and rehabilitative procedures, | ||||||
13 | with or without assistive devices, for the purposes of | ||||||
14 | preventing, correcting, or alleviating a physical or | ||||||
15 | mental impairment, functional limitation, or disability. | ||||||
16 | (C) Reducing the risk of injury, impairment, | ||||||
17 | functional limitation, or disability, including the | ||||||
18 | promotion and maintenance of fitness, health, and | ||||||
19 | wellness. | ||||||
20 | (D) Engaging in administration, consultation, | ||||||
21 | education, and research.
| ||||||
22 | " Physical therapy "
includes, but is not limited to: (a) | ||||||
23 | performance
of specialized tests and measurements, (b) | ||||||
24 | administration of specialized
treatment procedures, (c) | ||||||
25 | interpretation of referrals from physicians, dentists, | ||||||
26 | advanced practice registered nurses, physician assistants,
and |
| |||||||
| |||||||
1 | podiatric physicians, (d) establishment, and modification of | ||||||
2 | physical therapy
treatment programs, (e) administration of | ||||||
3 | topical medication used in generally
accepted physical therapy | ||||||
4 | procedures when such medication is either prescribed
by the | ||||||
5 | patient's physician, licensed to practice medicine in all its | ||||||
6 | branches,
the patient's physician licensed to practice | ||||||
7 | podiatric medicine, the patient's advanced practice registered | ||||||
8 | nurse, the patient's physician assistant, or the
patient's | ||||||
9 | dentist or used following the physician's orders or written | ||||||
10 | instructions, and (f) supervision or teaching of physical | ||||||
11 | therapy.
Physical therapy does not include radiology, | ||||||
12 | electrosurgery, chiropractic
technique or determination of a | ||||||
13 | differential
diagnosis; provided, however,
the limitation on | ||||||
14 | determining a differential diagnosis shall not in any
manner | ||||||
15 | limit a physical therapist licensed under this Act from | ||||||
16 | performing
an evaluation pursuant to such license. Nothing in | ||||||
17 | this Section shall limit
a physical therapist from employing | ||||||
18 | appropriate physical therapy techniques
that he or she is | ||||||
19 | educated and licensed to perform. A physical therapist
shall | ||||||
20 | refer to a licensed physician, advanced practice registered | ||||||
21 | nurse, physician assistant, dentist, podiatric physician, | ||||||
22 | other physical therapist, or other health care provider any | ||||||
23 | patient
whose medical condition should, at the time of | ||||||
24 | evaluation or treatment, be
determined to be beyond the scope | ||||||
25 | of practice of the physical therapist.
| ||||||
26 | (2) "Physical therapist" means a person who practices |
| |||||||
| |||||||
1 | physical therapy
and who has met all requirements as provided | ||||||
2 | in this Act.
| ||||||
3 | (3) "Department" means the Department of Professional | ||||||
4 | Regulation.
| ||||||
5 | (4) "Director" means the Director of Professional | ||||||
6 | Regulation.
| ||||||
7 | (5) "Board" means the Physical Therapy Licensing and | ||||||
8 | Disciplinary Board approved
by the Director.
| ||||||
9 | (6) "Referral" means a written or oral authorization for | ||||||
10 | physical therapy services for a patient by a physician, | ||||||
11 | dentist, advanced practice registered nurse, physician | ||||||
12 | assistant, or podiatric physician who maintains medical | ||||||
13 | supervision of the patient and makes a diagnosis or verifies | ||||||
14 | that the patient's condition is such that it may be treated by | ||||||
15 | a physical therapist.
| ||||||
16 | (7) "Documented current and relevant diagnosis" for the | ||||||
17 | purpose of
this Act means a diagnosis, substantiated by | ||||||
18 | signature or oral verification
of a physician, dentist, | ||||||
19 | advanced practice registered nurse, physician assistant, or | ||||||
20 | podiatric physician, that a patient's condition is such
that it | ||||||
21 | may be treated by physical therapy as defined in this Act, | ||||||
22 | which
diagnosis shall remain in effect until changed by the | ||||||
23 | physician, dentist, advanced practice registered nurse, | ||||||
24 | physician assistant,
or podiatric physician.
| ||||||
25 | (8) "State" includes:
| ||||||
26 | (a) the states of the United States of America;
|
| |||||||
| |||||||
1 | (b) the District of Columbia; and
| ||||||
2 | (c) the Commonwealth of Puerto Rico.
| ||||||
3 | (9) "Physical therapist assistant" means a person licensed | ||||||
4 | to assist a
physical therapist and who has met all requirements | ||||||
5 | as provided in this Act
and who works under the supervision of | ||||||
6 | a licensed physical therapist to assist
in implementing the | ||||||
7 | physical therapy treatment program as established by the
| ||||||
8 | licensed physical therapist. The patient care activities | ||||||
9 | provided by the
physical therapist assistant shall not include | ||||||
10 | the interpretation of referrals,
evaluation procedures, or the | ||||||
11 | planning or major modification of patient programs.
| ||||||
12 | (10) "Physical therapy aide" means a person who has | ||||||
13 | received on
the job training, specific to the facility in which | ||||||
14 | he is employed.
| ||||||
15 | (11) "Advanced practice registered nurse" means a person | ||||||
16 | licensed as an advanced practice registered nurse under the | ||||||
17 | Nurse Practice Act. | ||||||
18 | (12) "Physician assistant" means a person licensed under | ||||||
19 | the Physician Assistant Practice Act of 1987.
| ||||||
20 | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15; | ||||||
21 | 99-229, eff. 8-3-15; 99-642, eff. 7-28-16; revised 10-27-16.)
| ||||||
22 | (225 ILCS 90/17) (from Ch. 111, par. 4267)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
24 | Sec. 17. (1) The Department may refuse to issue or to | ||||||
25 | renew, or may
revoke, suspend, place on probation, reprimand, |
| |||||||
| |||||||
1 | or
take other disciplinary action as the Department deems | ||||||
2 | appropriate,
including the issuance of fines not to exceed | ||||||
3 | $5000, with regard to a
license for any one or a combination of | ||||||
4 | the following:
| ||||||
5 | A. Material misstatement in furnishing information to | ||||||
6 | the Department
or otherwise making misleading, deceptive, | ||||||
7 | untrue, or fraudulent
representations in violation of this | ||||||
8 | Act or otherwise in the practice of
the profession;
| ||||||
9 | B. Violations of this Act, or of
the rules or | ||||||
10 | regulations promulgated hereunder;
| ||||||
11 | C. Conviction of any crime under the laws of the United | ||||||
12 | States or any
state or territory thereof which is a felony | ||||||
13 | or which is a misdemeanor,
an essential element of which is | ||||||
14 | dishonesty, or of any crime which is directly
related to | ||||||
15 | the practice of the profession; conviction, as used in this
| ||||||
16 | paragraph, shall include a finding or verdict of guilty, an | ||||||
17 | admission of
guilt or a plea of nolo contendere;
| ||||||
18 | D. Making any misrepresentation for the purpose of | ||||||
19 | obtaining licenses,
or violating any provision of this Act | ||||||
20 | or the rules promulgated thereunder
pertaining to | ||||||
21 | advertising;
| ||||||
22 | E. A pattern of practice or other behavior which | ||||||
23 | demonstrates incapacity
or incompetency to practice under | ||||||
24 | this Act;
| ||||||
25 | F. Aiding or assisting another person in violating any
| ||||||
26 | provision of this Act or Rules;
|
| |||||||
| |||||||
1 | G. Failing, within 60 days, to provide information in | ||||||
2 | response to a written
request made by the Department;
| ||||||
3 | H. Engaging in dishonorable, unethical or | ||||||
4 | unprofessional conduct of a
character likely to deceive, | ||||||
5 | defraud or harm the public. Unprofessional
conduct shall | ||||||
6 | include any departure from or the failure to conform to the
| ||||||
7 | minimal standards of acceptable and prevailing physical | ||||||
8 | therapy practice,
in which proceeding actual injury to a | ||||||
9 | patient need not be established;
| ||||||
10 | I. Unlawful distribution of any drug or narcotic, or | ||||||
11 | unlawful
conversion of any drug or narcotic not belonging | ||||||
12 | to the person for such
person's own use or benefit or for | ||||||
13 | other than medically accepted
therapeutic purposes;
| ||||||
14 | J. Habitual or excessive use or addiction to alcohol, | ||||||
15 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
16 | which results in a physical
therapist's or physical | ||||||
17 | therapist assistant's
inability to practice with | ||||||
18 | reasonable judgment, skill or safety;
| ||||||
19 | K. Revocation or suspension of a license to practice | ||||||
20 | physical therapy
as a physical therapist or physical | ||||||
21 | therapist assistant or the taking
of other disciplinary | ||||||
22 | action by the proper licensing authority of
another state, | ||||||
23 | territory or country;
| ||||||
24 | L. Directly or indirectly giving to or receiving from | ||||||
25 | any person, firm,
corporation, partnership, or association | ||||||
26 | any fee, commission, rebate or other
form of compensation |
| |||||||
| |||||||
1 | for any professional services not actually or
personally | ||||||
2 | rendered. Nothing contained in this paragraph prohibits | ||||||
3 | persons holding valid and current licenses under this Act | ||||||
4 | from practicing physical therapy in partnership under a | ||||||
5 | partnership agreement, including a limited liability | ||||||
6 | partnership, a limited liability company, or a corporation | ||||||
7 | under the Professional Service Corporation Act or from | ||||||
8 | pooling, sharing, dividing, or apportioning the fees and | ||||||
9 | monies received by them or by the partnership, company, or | ||||||
10 | corporation in accordance with the partnership agreement | ||||||
11 | or the policies of the company or professional corporation. | ||||||
12 | Nothing in this paragraph (L) affects any bona fide | ||||||
13 | independent contractor or employment arrangements among | ||||||
14 | health care professionals, health facilities, health care | ||||||
15 | providers, or other entities, except as otherwise | ||||||
16 | prohibited by law. Any employment arrangements may include | ||||||
17 | provisions for compensation, health insurance, pension, or | ||||||
18 | other employment benefits for the provision of services | ||||||
19 | within the scope of the licensee's practice under this Act. | ||||||
20 | Nothing in this paragraph (L) shall be construed to require | ||||||
21 | an employment arrangement to receive professional fees for | ||||||
22 | services rendered;
| ||||||
23 | M. A finding by the Board that the licensee after | ||||||
24 | having his or
her license
placed on probationary status has | ||||||
25 | violated the terms of probation;
| ||||||
26 | N. Abandonment of a patient;
|
| |||||||
| |||||||
1 | O. Willfully failing to report an instance of suspected | ||||||
2 | child abuse or
neglect as required by the Abused and | ||||||
3 | Neglected Child Reporting Act;
| ||||||
4 | P. Willfully failing to report an instance of suspected | ||||||
5 | elder abuse or
neglect as required by the Elder Abuse | ||||||
6 | Reporting Act;
| ||||||
7 | Q. Physical illness, including but not limited to, | ||||||
8 | deterioration through
the aging process, or loss of motor | ||||||
9 | skill which results in the inability
to practice the | ||||||
10 | profession with reasonable judgement, skill or safety;
| ||||||
11 | R. The use of any words (such as physical therapy, | ||||||
12 | physical therapist
physiotherapy or physiotherapist), | ||||||
13 | abbreviations, figures or letters with
the intention of | ||||||
14 | indicating practice as a licensed physical therapist
| ||||||
15 | without a valid license as a physical therapist issued | ||||||
16 | under this Act;
| ||||||
17 | S. The use of the term physical therapist assistant, or | ||||||
18 | abbreviations,
figures, or letters with the intention of | ||||||
19 | indicating practice as a physical
therapist assistant | ||||||
20 | without a valid license as a physical therapist
assistant | ||||||
21 | issued under this Act;
| ||||||
22 | T. Willfully violating or knowingly assisting in the | ||||||
23 | violation of any
law of this State relating to the practice | ||||||
24 | of abortion;
| ||||||
25 | U. Continued practice by a person knowingly having an | ||||||
26 | infectious,
communicable or contagious disease;
|
| |||||||
| |||||||
1 | V. Having treated ailments of human beings otherwise | ||||||
2 | than by
the practice of physical therapy as defined in this | ||||||
3 | Act, or having treated
ailments of human beings as a | ||||||
4 | licensed physical therapist independent of a
documented | ||||||
5 | referral or a documented current and relevant diagnosis | ||||||
6 | from a
physician, dentist, advanced practice registered | ||||||
7 | nurse, physician assistant, or podiatric physician, or | ||||||
8 | having failed to notify the
physician, dentist, advanced | ||||||
9 | practice registered nurse, physician assistant, or | ||||||
10 | podiatric physician who established a documented current | ||||||
11 | and
relevant diagnosis that the patient is receiving | ||||||
12 | physical therapy pursuant
to that diagnosis;
| ||||||
13 | W. Being named as a perpetrator in an indicated report | ||||||
14 | by the
Department of Children and Family Services pursuant | ||||||
15 | to the Abused and
Neglected Child Reporting Act, and upon | ||||||
16 | proof by clear and convincing
evidence that the licensee | ||||||
17 | has caused a child to be an abused child or
neglected child | ||||||
18 | as defined in the Abused and Neglected Child Reporting Act;
| ||||||
19 | X. Interpretation of referrals, performance of | ||||||
20 | evaluation procedures,
planning or making major | ||||||
21 | modifications of patient programs by a physical
therapist | ||||||
22 | assistant;
| ||||||
23 | Y. Failure by a physical therapist assistant and | ||||||
24 | supervising physical
therapist to maintain continued | ||||||
25 | contact, including periodic personal
supervision and | ||||||
26 | instruction, to insure safety and welfare of patients;
|
| |||||||
| |||||||
1 | Z. Violation of the Health Care Worker Self-Referral | ||||||
2 | Act.
| ||||||
3 | (2) The determination by a circuit court that a licensee is | ||||||
4 | subject to
involuntary admission or judicial admission as | ||||||
5 | provided in the Mental Health
and Developmental Disabilities | ||||||
6 | Code operates as an automatic suspension.
Such suspension will | ||||||
7 | end only upon a finding by a court that the patient is
no | ||||||
8 | longer subject to involuntary admission or judicial admission | ||||||
9 | and the
issuance of an order so finding and discharging the | ||||||
10 | patient; and upon the
recommendation of the Board to the | ||||||
11 | Director that the licensee be
allowed to resume his practice.
| ||||||
12 | (3) The Department may refuse to issue or may suspend the | ||||||
13 | license of any
person who fails to file a return, or to pay the | ||||||
14 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
15 | final assessment of tax, penalty or
interest, as required by | ||||||
16 | any tax Act administered by the Illinois
Department of Revenue, | ||||||
17 | until such time as the requirements of any such tax
Act are | ||||||
18 | satisfied.
| ||||||
19 | (Source: P.A. 98-214, eff. 8-9-13 .)
| ||||||
20 | Section 190. The Podiatric Medical Practice Act of 1987 is | ||||||
21 | amended by changing Section 20.5 as follows: | ||||||
22 | (225 ILCS 100/20.5) | ||||||
23 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
24 | Sec. 20.5. Delegation of authority to advanced practice |
| |||||||
| |||||||
1 | registered nurses.
| ||||||
2 | (a) A podiatric physician in active clinical practice may | ||||||
3 | collaborate with an advanced practice registered nurse in | ||||||
4 | accordance with the requirements of the Nurse Practice Act. | ||||||
5 | Collaboration shall be for the purpose of providing podiatric | ||||||
6 | care and no employment relationship shall be required. A | ||||||
7 | written collaborative agreement shall conform to the | ||||||
8 | requirements of Section 65-35 of the Nurse Practice Act. A | ||||||
9 | written collaborative agreement and podiatric physician | ||||||
10 | collaboration and consultation shall be adequate with respect | ||||||
11 | to advanced practice registered nurses if all of the following | ||||||
12 | apply: | ||||||
13 | (1) With respect to the provision of anesthesia | ||||||
14 | services by a certified registered nurse anesthetist, the | ||||||
15 | collaborating podiatric physician must have training and | ||||||
16 | experience in the delivery of anesthesia consistent with | ||||||
17 | Department rules. | ||||||
18 | (2) Methods of communication are available with the | ||||||
19 | collaborating podiatric physician in person or through | ||||||
20 | telecommunications or electronic communications for | ||||||
21 | consultation, collaboration, and referral as needed to | ||||||
22 | address patient care needs. | ||||||
23 | (3) With respect to the provision of anesthesia | ||||||
24 | services by a certified registered nurse anesthetist, an | ||||||
25 | anesthesiologist, physician, or podiatric physician shall | ||||||
26 | participate through discussion of and agreement with the |
| |||||||
| |||||||
1 | anesthesia plan and shall remain physically present and be | ||||||
2 | available on the premises during the delivery of anesthesia | ||||||
3 | services for diagnosis, consultation, and treatment of | ||||||
4 | emergency medical conditions. The anesthesiologist or | ||||||
5 | operating podiatric physician must agree with the | ||||||
6 | anesthesia plan prior to the delivery of services. | ||||||
7 | (b) The collaborating podiatric physician shall have | ||||||
8 | access to the records of all patients attended to by an | ||||||
9 | advanced practice registered nurse. | ||||||
10 | (c) Nothing in this Section shall be construed to limit the | ||||||
11 | delegation of tasks or duties by a podiatric physician to a | ||||||
12 | licensed practical nurse, a registered professional nurse, or | ||||||
13 | other appropriately trained persons. | ||||||
14 | (d) A podiatric physician shall not be liable for the acts | ||||||
15 | or omissions of an advanced practice registered nurse solely on | ||||||
16 | the basis of having signed guidelines or a collaborative | ||||||
17 | agreement, an order, a standing order, a standing delegation | ||||||
18 | order, or other order or guideline authorizing an advanced | ||||||
19 | practice registered nurse to perform acts, unless the podiatric | ||||||
20 | physician has reason to believe the advanced practice | ||||||
21 | registered nurse lacked the competency to perform the act or | ||||||
22 | acts or commits willful or wanton misconduct.
| ||||||
23 | (e) A podiatric physician, may, but is not required to | ||||||
24 | delegate prescriptive authority to an advanced practice | ||||||
25 | registered nurse as part of a written collaborative agreement | ||||||
26 | and the delegation of prescriptive authority shall conform to |
| |||||||
| |||||||
1 | the requirements of Section 65-40 of the Nurse Practice Act. | ||||||
2 | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.) | ||||||
3 | Section 195. The Respiratory Care Practice Act is amended | ||||||
4 | by changing Sections 10 and 15 as follows:
| ||||||
5 | (225 ILCS 106/10)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
7 | Sec. 10. Definitions. In this Act:
| ||||||
8 | "Address of record" means the designated address recorded | ||||||
9 | by the Department in the applicant's or licensee's application | ||||||
10 | file or license file as maintained by the Department's | ||||||
11 | licensure maintenance unit. It is the duty of the applicant or | ||||||
12 | licensee to inform the Department of any change of address and | ||||||
13 | those changes must be made either through the Department's | ||||||
14 | website or by contacting the Department. | ||||||
15 | "Advanced practice registered nurse" means an advanced | ||||||
16 | practice registered nurse licensed under the Nurse Practice | ||||||
17 | Act.
| ||||||
18 | "Board" means the Respiratory Care Board appointed by the | ||||||
19 | Secretary. | ||||||
20 | "Basic respiratory care activities" means and includes all | ||||||
21 | of the following activities: | ||||||
22 | (1) Cleaning, disinfecting, and sterilizing equipment | ||||||
23 | used in the practice of respiratory care as delegated by a | ||||||
24 | licensed health care professional or other authorized |
| |||||||
| |||||||
1 | licensed personnel. | ||||||
2 | (2) Assembling equipment used in the practice of | ||||||
3 | respiratory care as delegated by a licensed health care | ||||||
4 | professional or other authorized licensed personnel. | ||||||
5 | (3) Collecting and reviewing patient data through | ||||||
6 | non-invasive means, provided that the collection and | ||||||
7 | review does not include the individual's interpretation of | ||||||
8 | the clinical significance of the data. Collecting and | ||||||
9 | reviewing patient data includes the performance of pulse | ||||||
10 | oximetry and non-invasive monitoring procedures in order | ||||||
11 | to obtain vital signs and notification to licensed health | ||||||
12 | care professionals and other authorized licensed personnel | ||||||
13 | in a timely manner. | ||||||
14 | (4) Maintaining a nasal cannula or face mask for oxygen | ||||||
15 | therapy in the proper position on the patient's face. | ||||||
16 | (5) Assembling a nasal cannula or face mask for oxygen | ||||||
17 | therapy at patient bedside in preparation for use. | ||||||
18 | (6) Maintaining a patient's natural airway by | ||||||
19 | physically manipulating the jaw and neck, suctioning the | ||||||
20 | oral cavity, or suctioning the mouth or nose with a bulb | ||||||
21 | syringe. | ||||||
22 | (7) Performing assisted ventilation during emergency | ||||||
23 | resuscitation using a manual resuscitator. | ||||||
24 | (8) Using a manual resuscitator at the direction of a | ||||||
25 | licensed health care professional or other authorized | ||||||
26 | licensed personnel who is present and performing routine |
| |||||||
| |||||||
1 | airway suctioning. These activities do not include care of | ||||||
2 | a patient's artificial airway or the adjustment of | ||||||
3 | mechanical ventilator settings while a patient is | ||||||
4 | connected to the ventilator.
| ||||||
5 | "Basic respiratory care activities" does not mean | ||||||
6 | activities that involve any of the following:
| ||||||
7 | (1) Specialized knowledge that results from a course of | ||||||
8 | education or training in respiratory care. | ||||||
9 | (2) An unreasonable risk of a negative outcome for the | ||||||
10 | patient. | ||||||
11 | (3) The assessment or making of a decision concerning | ||||||
12 | patient care. | ||||||
13 | (4) The administration of aerosol medication or | ||||||
14 | medical gas. | ||||||
15 | (5) The insertion and maintenance of an artificial | ||||||
16 | airway. | ||||||
17 | (6) Mechanical ventilatory support. | ||||||
18 | (7) Patient assessment. | ||||||
19 | (8) Patient education.
| ||||||
20 | (9) The transferring of oxygen devices, for purposes of | ||||||
21 | patient transport, with a liter flow greater than 6 liters | ||||||
22 | per minute, and the transferring of oxygen devices at any | ||||||
23 | liter flow being delivered to patients less than 12 years | ||||||
24 | of age. | ||||||
25 | "Department" means the Department of Financial and | ||||||
26 | Professional Regulation.
|
| |||||||
| |||||||
1 | "Licensed" means that which is required to hold oneself
out | ||||||
2 | as
a respiratory care
practitioner as defined in this Act.
| ||||||
3 | "Licensed health care professional" means a physician | ||||||
4 | licensed to practice medicine in all its branches, a licensed | ||||||
5 | advanced practice registered nurse, or a licensed physician | ||||||
6 | assistant.
| ||||||
7 | "Order" means a written, oral, or telecommunicated | ||||||
8 | authorization for respiratory care services for a patient by | ||||||
9 | (i) a licensed health care professional who maintains medical | ||||||
10 | supervision of the patient and makes a diagnosis or verifies | ||||||
11 | that the patient's condition is such that it may be treated by | ||||||
12 | a respiratory care practitioner or (ii) a certified registered | ||||||
13 | nurse anesthetist in a licensed hospital or ambulatory surgical | ||||||
14 | treatment center.
| ||||||
15 | "Other authorized licensed personnel" means a licensed | ||||||
16 | respiratory care practitioner, a licensed registered nurse, or | ||||||
17 | a licensed practical nurse whose scope of practice authorizes | ||||||
18 | the professional to supervise an individual who is not | ||||||
19 | licensed, certified, or registered as a health professional. | ||||||
20 | "Proximate supervision" means a situation in which an | ||||||
21 | individual is
responsible for directing the actions of another | ||||||
22 | individual in the facility and is physically close enough to be | ||||||
23 | readily available, if needed, by the supervised individual.
| ||||||
24 | "Respiratory care" and "cardiorespiratory care"
mean | ||||||
25 | preventative services, evaluation and assessment services, | ||||||
26 | therapeutic services, cardiopulmonary disease management, and |
| |||||||
| |||||||
1 | rehabilitative services under the order of a licensed health | ||||||
2 | care professional for an individual with a disorder, disease, | ||||||
3 | or abnormality of the cardiopulmonary system. These terms | ||||||
4 | include, but are not limited to, measuring, observing, | ||||||
5 | assessing, and monitoring signs and symptoms, reactions, | ||||||
6 | general behavior, and general physical response of individuals | ||||||
7 | to respiratory care services, including the determination of | ||||||
8 | whether those signs, symptoms, reactions, behaviors, or | ||||||
9 | general physical responses exhibit abnormal characteristics; | ||||||
10 | the administration of pharmacological and therapeutic agents | ||||||
11 | and procedures related to respiratory care services; the | ||||||
12 | collection of blood specimens and other bodily fluids and | ||||||
13 | tissues for, and the performance of, cardiopulmonary | ||||||
14 | diagnostic testing procedures, including, but not limited to, | ||||||
15 | blood gas analysis; development, implementation, and | ||||||
16 | modification of respiratory care treatment plans based on | ||||||
17 | assessed abnormalities of the cardiopulmonary system, | ||||||
18 | respiratory care guidelines, referrals, and orders of a | ||||||
19 | licensed health care professional; application, operation, and | ||||||
20 | management of mechanical ventilatory support and other means of | ||||||
21 | life support, including, but not limited to, hemodynamic | ||||||
22 | cardiovascular support; and the initiation of emergency | ||||||
23 | procedures under the rules promulgated by the Department. A | ||||||
24 | respiratory care practitioner shall refer to a physician | ||||||
25 | licensed to practice medicine in all its branches any patient | ||||||
26 | whose condition, at the time of evaluation or treatment, is |
| |||||||
| |||||||
1 | determined to be beyond the scope of practice of the | ||||||
2 | respiratory care practitioner.
| ||||||
3 | "Respiratory care education program" means a course of | ||||||
4 | academic study leading
to eligibility for registry or | ||||||
5 | certification in respiratory care. The training
is to be | ||||||
6 | approved by an accrediting agency recognized by the Board and | ||||||
7 | shall
include an evaluation of competence through a | ||||||
8 | standardized testing mechanism
that is determined by the Board | ||||||
9 | to be both valid and reliable.
| ||||||
10 | "Respiratory care practitioner" means a person who is | ||||||
11 | licensed by the
Department of Professional Regulation and meets | ||||||
12 | all of the following
criteria:
| ||||||
13 | (1) The person is engaged in the practice of | ||||||
14 | cardiorespiratory care and
has the knowledge and skill | ||||||
15 | necessary to administer respiratory care.
| ||||||
16 | (2) The person is capable of serving as a resource to | ||||||
17 | the
licensed
health care professional in
relation to the | ||||||
18 | technical aspects of cardiorespiratory care and the safe | ||||||
19 | and
effective methods for administering cardiorespiratory | ||||||
20 | care modalities.
| ||||||
21 | (3) The person is able to function in situations of | ||||||
22 | unsupervised patient
contact requiring great individual | ||||||
23 | judgment.
| ||||||
24 | "Secretary" means the Secretary of Financial and | ||||||
25 | Professional Regulation. | ||||||
26 | (Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15; |
| |||||||
| |||||||
1 | 99-642, eff. 7-28-16.)
| ||||||
2 | (225 ILCS 106/15)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
4 | Sec. 15. Exemptions.
| ||||||
5 | (a) This Act does not prohibit a person legally regulated | ||||||
6 | in this State by
any other Act from engaging in any practice | ||||||
7 | for which he or she is authorized.
| ||||||
8 | (b) Nothing in this Act shall prohibit the practice of | ||||||
9 | respiratory care by a
person who is employed by the United | ||||||
10 | States government or any bureau, division,
or agency thereof
| ||||||
11 | while in the discharge of the employee's official duties.
| ||||||
12 | (c) Nothing in this Act shall be construed to limit the | ||||||
13 | activities and
services of a person enrolled in an approved | ||||||
14 | course of study leading to a
degree or certificate of registry | ||||||
15 | or certification eligibility in respiratory
care if these | ||||||
16 | activities and services constitute a part of a supervised | ||||||
17 | course
of study and if the person is designated by a title | ||||||
18 | which clearly indicates his
or her status as a student or | ||||||
19 | trainee. Status as a student or trainee shall
not exceed 3 | ||||||
20 | years from the date of enrollment in an approved course.
| ||||||
21 | (d) Nothing in this Act shall prohibit a person from | ||||||
22 | treating ailments by
spiritual means through prayer alone in | ||||||
23 | accordance with the tenets and
practices of a recognized church | ||||||
24 | or religious denomination.
| ||||||
25 | (e) Nothing in this Act shall be construed to prevent a |
| |||||||
| |||||||
1 | person who is a
registered nurse, an advanced practice | ||||||
2 | registered nurse, a licensed
practical nurse, a physician | ||||||
3 | assistant, or a physician licensed to practice medicine in all | ||||||
4 | its branches from providing respiratory care.
| ||||||
5 | (f) Nothing in this Act shall limit a person who is | ||||||
6 | credentialed by the
National Society for Cardiopulmonary | ||||||
7 | Technology or the National Board for
Respiratory Care from | ||||||
8 | performing pulmonary function tests and
respiratory care | ||||||
9 | procedures related to the pulmonary function test. Individuals | ||||||
10 | who do not possess a license to practice respiratory care or a | ||||||
11 | license in another health care field may perform basic | ||||||
12 | screening spirometry limited to peak flow, forced vital | ||||||
13 | capacity, slow vital capacity, and maximum voluntary | ||||||
14 | ventilation if they possess spirometry certification from the | ||||||
15 | National Institute for Occupational Safety and Health, an | ||||||
16 | Office Spirometry Certificate from the American Association | ||||||
17 | for Respiratory Care, or other similarly accepted | ||||||
18 | certification training.
| ||||||
19 | (g) Nothing in this Act shall prohibit the collection and | ||||||
20 | analysis of blood
by clinical laboratory personnel meeting the | ||||||
21 | personnel standards of the
Illinois Clinical Laboratory Act.
| ||||||
22 | (h)
Nothing in this Act shall prohibit a polysomnographic | ||||||
23 | technologist, technician, or trainee, as defined in the job | ||||||
24 | descriptions jointly accepted by the American Academy of Sleep | ||||||
25 | Medicine, the Association of Polysomnographic Technologists, | ||||||
26 | the Board of Registered Polysomnographic Technologists, and |
| |||||||
| |||||||
1 | the American Society of Electroneurodiagnostic Technologists, | ||||||
2 | from performing activities within the scope of practice of | ||||||
3 | polysomnographic technology while under the direction of a | ||||||
4 | physician licensed in this State.
| ||||||
5 | (i)
Nothing in this Act shall prohibit a family member from | ||||||
6 | providing respiratory care services to an ill person.
| ||||||
7 | (j) Nothing in this Act shall be construed to limit an | ||||||
8 | unlicensed practitioner in a licensed hospital who is working | ||||||
9 | under the proximate supervision of a licensed health care | ||||||
10 | professional or other authorized licensed personnel and | ||||||
11 | providing direct patient care services from performing basic | ||||||
12 | respiratory care activities if the unlicensed practitioner
(i) | ||||||
13 | has been trained to perform the basic respiratory care | ||||||
14 | activities at the facility that employs or contracts with the | ||||||
15 | individual and (ii) at a minimum, has annually received an | ||||||
16 | evaluation of the unlicensed practitioner's performance of | ||||||
17 | basic respiratory care activities documented by the facility.
| ||||||
18 | (k) Nothing in this Act shall be construed to prohibit a | ||||||
19 | person enrolled in a respiratory care education program or an | ||||||
20 | approved course of study leading to a degree or certification | ||||||
21 | in a health care-related discipline that provides respiratory | ||||||
22 | care activities within his or her scope of practice and | ||||||
23 | employed in a licensed hospital in order to provide direct | ||||||
24 | patient care services under the direction of other authorized | ||||||
25 | licensed personnel from providing respiratory care activities. | ||||||
26 | (l) Nothing in this Act prohibits a person licensed as a |
| |||||||
| |||||||
1 | respiratory care practitioner in another jurisdiction from | ||||||
2 | providing respiratory care: (i) in a declared emergency in this | ||||||
3 | State; (ii) as a member of an organ procurement team; or (iii) | ||||||
4 | as part of a medical transport team that is transporting a | ||||||
5 | patient into or out of this State.
| ||||||
6 | (Source: P.A. 99-230, eff. 8-3-15.)
| ||||||
7 | Section 200. The Sex Offender Evaluation and Treatment | ||||||
8 | Provider Act is amended by changing Sections 35 and 40 as | ||||||
9 | follows: | ||||||
10 | (225 ILCS 109/35)
| ||||||
11 | Sec. 35. Qualifications for licensure. | ||||||
12 | (a)(1) A person is qualified for licensure as a sex | ||||||
13 | offender evaluator if that person: | ||||||
14 | (A) has applied in writing on forms prepared and | ||||||
15 | furnished by the Department; | ||||||
16 | (B) has not engaged or is not engaged in any practice | ||||||
17 | or conduct that would be grounds for disciplining a | ||||||
18 | licensee under Section 75 of this Act; and | ||||||
19 | (C) satisfies the licensure and experience | ||||||
20 | requirements of paragraph (2) of this subsection (a). | ||||||
21 | (2) A person who applies to the Department shall be issued | ||||||
22 | a sex offender evaluator license by the Department if the | ||||||
23 | person meets the qualifications set forth in paragraph (1) of | ||||||
24 | this subsection (a) and provides evidence to the Department |
| |||||||
| |||||||
1 | that the person: | ||||||
2 | (A) is a physician licensed to practice medicine in all | ||||||
3 | of its branches under the Medical Practice Act of 1987 or | ||||||
4 | licensed under the laws of another state; an advanced | ||||||
5 | practice registered nurse with psychiatric specialty | ||||||
6 | licensed under the Nurse Practice Act or licensed under the | ||||||
7 | laws of another state; a clinical psychologist licensed | ||||||
8 | under the Clinical Psychologist Licensing Act or licensed | ||||||
9 | under the laws of another state; a licensed clinical social | ||||||
10 | worker licensed under the Clinical Social Work and Social | ||||||
11 | Work Practice Act or licensed under the laws of another | ||||||
12 | state; a licensed clinical professional counselor licensed | ||||||
13 | under the Professional Counselor and Clinical Professional | ||||||
14 | Counselor Licensing and Practice Act or licensed under the | ||||||
15 | laws of another state; or a licensed marriage and family | ||||||
16 | therapist licensed under the Marriage and Family Therapy | ||||||
17 | Therapist Licensing Act or licensed under the laws of | ||||||
18 | another state; | ||||||
19 | (B) has 400 hours of supervised experience in the | ||||||
20 | treatment or evaluation of sex offenders in the last 4 | ||||||
21 | years, at least 200 of which are face-to-face therapy or | ||||||
22 | evaluation with sex offenders; | ||||||
23 | (C) has completed at least 10 sex offender evaluations | ||||||
24 | under supervision in the past 4 years; and | ||||||
25 | (D) has at least 40 hours of documented training in the | ||||||
26 | specialty of sex offender evaluation, treatment, or |
| |||||||
| |||||||
1 | management. | ||||||
2 | Until January 1, 2015, the requirements of subparagraphs | ||||||
3 | (B) and (D) of paragraph (2) of this subsection (a) are | ||||||
4 | satisfied if the applicant has been listed on the Sex Offender | ||||||
5 | Management Board's Approved Provider List for a minimum of 2 | ||||||
6 | years before application for licensure. Until January 1, 2015, | ||||||
7 | the requirements of subparagraph (C) of paragraph (2) of this | ||||||
8 | subsection (a) are satisfied if the applicant has completed at | ||||||
9 | least 10 sex offender evaluations within the 4 years before | ||||||
10 | application for licensure. | ||||||
11 | (b)(1) A person is qualified for licensure as a sex | ||||||
12 | offender treatment provider if that person: | ||||||
13 | (A) has applied in writing on forms prepared and | ||||||
14 | furnished by the Department; | ||||||
15 | (B) has not engaged or is not engaged in any practice | ||||||
16 | or conduct that would be grounds for disciplining a | ||||||
17 | licensee under Section 75 of this Act; and | ||||||
18 | (C) satisfies the licensure and experience | ||||||
19 | requirements of paragraph (2) of this subsection (b). | ||||||
20 | (2) A person who applies to the Department shall be issued | ||||||
21 | a sex offender treatment provider license by the Department if | ||||||
22 | the person meets the qualifications set forth in paragraph (1) | ||||||
23 | of this subsection (b) and provides evidence to the Department | ||||||
24 | that the person: | ||||||
25 | (A) is a physician licensed to practice medicine in all | ||||||
26 | of its branches under the Medical Practice Act of 1987 or |
| |||||||
| |||||||
1 | licensed under the laws of another state; an advanced | ||||||
2 | practice registered nurse with psychiatric specialty | ||||||
3 | licensed under the Nurse Practice Act or licensed under the | ||||||
4 | laws of another state; a clinical psychologist licensed | ||||||
5 | under the Clinical Psychologist Licensing Act or licensed | ||||||
6 | under the laws of another state; a licensed clinical social | ||||||
7 | worker licensed under the Clinical Social Work and Social | ||||||
8 | Work Practice Act or licensed under the laws of another | ||||||
9 | state; a licensed clinical professional counselor licensed | ||||||
10 | under the Professional Counselor and Clinical Professional | ||||||
11 | Counselor Licensing and Practice Act or licensed under the | ||||||
12 | laws of another state; or a licensed marriage and family | ||||||
13 | therapist licensed under the Marriage and Family Therapy | ||||||
14 | Therapist Licensing Act or licensed under the laws of | ||||||
15 | another state; | ||||||
16 | (B) has 400 hours of supervised experience in the | ||||||
17 | treatment of sex offenders in the last 4 years, at least | ||||||
18 | 200 of which are face-to-face therapy with sex offenders; | ||||||
19 | and | ||||||
20 | (C) has at least 40 hours documented training in the | ||||||
21 | specialty of sex offender evaluation, treatment, or | ||||||
22 | management. | ||||||
23 | Until January 1, 2015, the requirements of subparagraphs | ||||||
24 | (B) and (C) of paragraph (2) of this subsection (b) are | ||||||
25 | satisfied if the applicant has been listed on the Sex Offender | ||||||
26 | Management Board's Approved Provider List for a minimum of 2 |
| |||||||
| |||||||
1 | years before application. | ||||||
2 | (c)(1) A person is qualified for licensure as an associate | ||||||
3 | sex offender provider if that person: | ||||||
4 | (A) has applied in writing on forms prepared and | ||||||
5 | furnished by the Department; | ||||||
6 | (B) has not engaged or is not engaged in any practice | ||||||
7 | or conduct that would be grounds for disciplining a | ||||||
8 | licensee under Section 75 of this Act; and | ||||||
9 | (C) satisfies the education and experience | ||||||
10 | requirements of paragraph (2) of this subsection (c).
| ||||||
11 | (2) A person who applies to the Department shall be issued | ||||||
12 | an associate sex offender provider license by the Department if | ||||||
13 | the person meets the qualifications set forth in paragraph (1) | ||||||
14 | of this subsection (c) and provides evidence to the Department | ||||||
15 | that the person holds a master's degree or higher in social | ||||||
16 | work, psychology, marriage and family therapy, counseling or | ||||||
17 | closely related behavioral science degree, or psychiatry.
| ||||||
18 | (Source: P.A. 97-1098, eff. 7-1-13; 98-612, eff. 12-27-13; | ||||||
19 | revised 9-14-16.) | ||||||
20 | (225 ILCS 109/40)
| ||||||
21 | Sec. 40. Application; exemptions. | ||||||
22 | (a) No person may act as a sex offender evaluator, sex | ||||||
23 | offender treatment provider, or associate sex offender | ||||||
24 | provider as defined in this Act for the provision of sex | ||||||
25 | offender evaluations or sex offender treatment pursuant to the |
| |||||||
| |||||||
1 | Sex Offender Management Board Act, the Sexually Dangerous | ||||||
2 | Persons Act, or the Sexually Violent Persons Commitment Act | ||||||
3 | unless the person is licensed to do so by the Department. Any | ||||||
4 | evaluation or treatment services provided by a licensed health | ||||||
5 | care professional not licensed under this Act shall not be | ||||||
6 | valid under the Sex Offender Management Board Act, the Sexually | ||||||
7 | Dangerous Persons Act, or the Sexually Violent Persons | ||||||
8 | Commitment Act. No business shall provide, attempt to provide, | ||||||
9 | or offer to provide sex offender evaluation services unless it | ||||||
10 | is organized under the Professional Service Corporation Act, | ||||||
11 | the Medical Corporation Act, or the Professional Limited | ||||||
12 | Liability Company Act. | ||||||
13 | (b) Nothing in this Act shall be construed to require any | ||||||
14 | licensed physician, advanced practice registered nurse, | ||||||
15 | physician assistant, or other health care professional to be | ||||||
16 | licensed under this Act for the provision of services for which | ||||||
17 | the person is otherwise licensed. This Act does not prohibit a
| ||||||
18 | person licensed under any other Act in this State from engaging
| ||||||
19 | in the practice for which he or she is licensed. This Act only | ||||||
20 | applies to the provision of sex offender evaluations or sex | ||||||
21 | offender treatment provided for the purposes of complying with | ||||||
22 | the Sex Offender Management Board Act, the Sexually Dangerous | ||||||
23 | Persons Act, or the Sexually Violent Persons Commitment Act.
| ||||||
24 | (Source: P.A. 99-227, eff. 8-3-15.) | ||||||
25 | Section 205. The Registered Surgical Assistant and |
| |||||||
| |||||||
1 | Registered Surgical
Technologist Title Protection Act is | ||||||
2 | amended by changing Section 40 as follows:
| ||||||
3 | (225 ILCS 130/40)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
5 | Sec. 40. Application of Act. This Act shall not be | ||||||
6 | construed to
prohibit
the following:
| ||||||
7 | (1) A person licensed in this State under any other Act | ||||||
8 | from engaging in
the practice for which he or she is | ||||||
9 | licensed, including but not limited to a
physician licensed | ||||||
10 | to practice medicine in all its branches, physician
| ||||||
11 | assistant, advanced practice registered nurse, or nurse | ||||||
12 | performing
surgery-related tasks within the scope
of his or | ||||||
13 | her license, nor are these individuals required to be | ||||||
14 | registered
under this Act.
| ||||||
15 | (2) A person from engaging in practice as a surgical
| ||||||
16 | assistant or surgical technologist in the
discharge of his | ||||||
17 | or her official duties as an employee of the United
States | ||||||
18 | government.
| ||||||
19 | (3) One or more registered surgical assistants or | ||||||
20 | surgical technologists from forming a
professional
service | ||||||
21 | corporation in accordance with the Professional Service
| ||||||
22 | Corporation Act and applying for licensure as a corporation | ||||||
23 | providing
surgical assistant or surgical technologist | ||||||
24 | services.
| ||||||
25 | (4) A student engaging in practice as a surgical |
| |||||||
| |||||||
1 | assistant or surgical
technologist under the
direct | ||||||
2 | supervision of a physician licensed to practice medicine in | ||||||
3 | all of its
branches as part of
his or her program of study | ||||||
4 | at a school
approved by the Department or in preparation to | ||||||
5 | qualify for the examination
as prescribed under Sections 45 | ||||||
6 | and 50 of this
Act.
| ||||||
7 | (5) A person from assisting in surgery at a
physician's | ||||||
8 | discretion, including but not limited to medical students | ||||||
9 | and
residents, nor are medical students and residents | ||||||
10 | required to be registered
under this Act.
| ||||||
11 | (6) A hospital, health system or network, ambulatory | ||||||
12 | surgical treatment
center, physician licensed to practice | ||||||
13 | medicine in all its branches,
physician medical group, or | ||||||
14 | other entity that
provides surgery-related services from | ||||||
15 | employing individuals that the
entity considers competent | ||||||
16 | to assist in surgery. These entities are not
required to | ||||||
17 | utilize registered surgical assistants or registered | ||||||
18 | surgical
technologists when providing surgery-related | ||||||
19 | services to patients.
Nothing in this subsection shall be | ||||||
20 | construed to limit the ability of an
employer to utilize | ||||||
21 | the services of any person to assist in surgery within the
| ||||||
22 | employment setting consistent with the individual's skill | ||||||
23 | and training.
| ||||||
24 | (Source: P.A. 98-364, eff. 12-31-13.)
| ||||||
25 | Section 210. The Genetic Counselor Licensing Act is amended |
| |||||||
| |||||||
1 | by changing Sections 90 and 95 as follows: | ||||||
2 | (225 ILCS 135/90)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2025) | ||||||
4 | Sec. 90. Privileged communications and exceptions.
| ||||||
5 | (a) With the exception of disclosure to the physician | ||||||
6 | performing or supervising a genetic test and to the referring | ||||||
7 | physician licensed to practice medicine in all its branches, | ||||||
8 | advanced practice registered nurse, or physician assistant, no | ||||||
9 | licensed genetic counselor shall disclose any information | ||||||
10 | acquired from persons consulting the counselor in a | ||||||
11 | professional capacity, except that which may be voluntarily | ||||||
12 | disclosed under any of the following circumstances:
| ||||||
13 | (1) In the course of formally reporting, conferring, or | ||||||
14 | consulting with administrative superiors, colleagues, or | ||||||
15 | consultants who share professional responsibility, in | ||||||
16 | which instance all recipients of the information are | ||||||
17 | similarly bound to regard the communication as privileged.
| ||||||
18 | (2) With the written consent of the person who provided | ||||||
19 | the information and about whom the information concerns.
| ||||||
20 | (3) In the case of death or disability, with the | ||||||
21 | written consent of a personal representative. | ||||||
22 | (4) When a communication reveals the intended | ||||||
23 | commission of a crime or harmful act and such disclosure is | ||||||
24 | judged necessary in the professional judgment of the | ||||||
25 | licensed genetic counselor to protect any person from a |
| |||||||
| |||||||
1 | clear risk of serious mental or physical harm or injury or | ||||||
2 | to forestall a serious threat to the public safety. | ||||||
3 | (5) When the person waives the privilege by bringing | ||||||
4 | any public charges or filing a lawsuit against the | ||||||
5 | licensee. | ||||||
6 | (b) Any person having access to records or anyone who | ||||||
7 | participates in providing genetic counseling services, or in | ||||||
8 | providing any human services, or is supervised by a licensed | ||||||
9 | genetic counselor is similarly bound to regard all information | ||||||
10 | and communications as privileged in accord with this Section.
| ||||||
11 | (c) The Mental Health and Developmental Disabilities | ||||||
12 | Confidentiality Act is incorporated herein as if all of its | ||||||
13 | provisions were included in this Act. In the event of a | ||||||
14 | conflict between the application of this Section and the Mental | ||||||
15 | Health and Developmental Disabilities Confidentiality Act to a | ||||||
16 | specific situation, the provisions of the Mental Health and | ||||||
17 | Developmental Disabilities Confidentiality Act shall control.
| ||||||
18 | (Source: P.A. 96-1313, eff. 7-27-10 .) | ||||||
19 | (225 ILCS 135/95) | ||||||
20 | (Section scheduled to be repealed on January 1, 2025) | ||||||
21 | Sec. 95. Grounds for discipline.
| ||||||
22 | (a) The Department may refuse to issue, renew, or may | ||||||
23 | revoke, suspend, place on probation, reprimand, or take other | ||||||
24 | disciplinary or non-disciplinary action as the Department | ||||||
25 | deems appropriate, including the issuance of fines not to |
| |||||||
| |||||||
1 | exceed $10,000 for each violation, with regard to any license | ||||||
2 | for any one or more of the following: | ||||||
3 | (1) Material misstatement in furnishing information to | ||||||
4 | the Department or to any other State agency.
| ||||||
5 | (2) Violations or negligent or intentional disregard | ||||||
6 | of this Act, or any of its rules.
| ||||||
7 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
8 | finding of guilt, jury verdict, or entry of judgment or | ||||||
9 | sentencing, including, but not limited to, convictions, | ||||||
10 | preceding sentences of supervision, conditional discharge, | ||||||
11 | or first offender probation, under the laws of any | ||||||
12 | jurisdiction of the United States: (i) that is a felony or | ||||||
13 | (ii) that is a misdemeanor, an essential element of which | ||||||
14 | is dishonesty, or that is directly related to the practice | ||||||
15 | of genetic counseling.
| ||||||
16 | (4) Making any misrepresentation for the purpose of | ||||||
17 | obtaining a license, or violating any provision of this Act | ||||||
18 | or its rules. | ||||||
19 | (5) Negligence in the rendering of genetic counseling | ||||||
20 | services.
| ||||||
21 | (6) Failure to provide genetic testing results and any | ||||||
22 | requested information to a referring physician licensed to | ||||||
23 | practice medicine in all its branches, advanced practice | ||||||
24 | registered nurse, or physician assistant.
| ||||||
25 | (7) Aiding or assisting another person in violating any | ||||||
26 | provision of this Act or any rules.
|
| |||||||
| |||||||
1 | (8) Failing to provide information within 60 days in | ||||||
2 | response to a written request made by the Department.
| ||||||
3 | (9) Engaging in dishonorable, unethical, or | ||||||
4 | unprofessional conduct of a character likely to deceive, | ||||||
5 | defraud, or harm the public and violating the rules of | ||||||
6 | professional conduct adopted by the Department.
| ||||||
7 | (10) Failing to maintain the confidentiality of any | ||||||
8 | information received from a client, unless otherwise | ||||||
9 | authorized or required by law.
| ||||||
10 | (10.5) Failure to maintain client records of services | ||||||
11 | provided and provide copies to clients upon request. | ||||||
12 | (11) Exploiting a client for personal advantage, | ||||||
13 | profit, or interest.
| ||||||
14 | (12) Habitual or excessive use or addiction to alcohol, | ||||||
15 | narcotics, stimulants, or any other chemical agent or drug | ||||||
16 | which results in inability to practice with reasonable | ||||||
17 | skill, judgment, or safety.
| ||||||
18 | (13) Discipline by another governmental agency or unit | ||||||
19 | of government, by any jurisdiction of the United States, or | ||||||
20 | by a foreign nation, if at least one of the grounds for the | ||||||
21 | discipline is the same or substantially equivalent to those | ||||||
22 | set forth in this Section.
| ||||||
23 | (14) Directly or indirectly giving to or receiving from | ||||||
24 | any person, firm, corporation, partnership, or association | ||||||
25 | any fee, commission, rebate, or other form of compensation | ||||||
26 | for any professional service not actually rendered. |
| |||||||
| |||||||
1 | Nothing in this paragraph (14) affects any bona fide | ||||||
2 | independent contractor or employment arrangements among | ||||||
3 | health care professionals, health facilities, health care | ||||||
4 | providers, or other entities, except as otherwise | ||||||
5 | prohibited by law. Any employment arrangements may include | ||||||
6 | provisions for compensation, health insurance, pension, or | ||||||
7 | other employment benefits for the provision of services | ||||||
8 | within the scope of the licensee's practice under this Act. | ||||||
9 | Nothing in this paragraph (14) shall be construed to | ||||||
10 | require an employment arrangement to receive professional | ||||||
11 | fees for services rendered. | ||||||
12 | (15) A finding by the Department that the licensee, | ||||||
13 | after having the license placed on probationary status has | ||||||
14 | violated the terms of probation.
| ||||||
15 | (16) Failing to refer a client to other health care | ||||||
16 | professionals when the licensee is unable or unwilling to | ||||||
17 | adequately support or serve the client.
| ||||||
18 | (17) Willfully filing false reports relating to a | ||||||
19 | licensee's practice, including but not limited to false | ||||||
20 | records filed with federal or State agencies or | ||||||
21 | departments.
| ||||||
22 | (18) Willfully failing to report an instance of | ||||||
23 | suspected child abuse or neglect as required by the Abused | ||||||
24 | and Neglected Child Reporting Act.
| ||||||
25 | (19) Being named as a perpetrator in an indicated | ||||||
26 | report by the Department of Children and Family Services |
| |||||||
| |||||||
1 | pursuant to the Abused and Neglected Child Reporting Act, | ||||||
2 | and upon proof by clear and convincing evidence that the | ||||||
3 | licensee has caused a child to be an abused child or | ||||||
4 | neglected child as defined in the Abused and Neglected | ||||||
5 | Child Reporting Act.
| ||||||
6 | (20) Physical or mental disability, including | ||||||
7 | deterioration through the aging process or loss of | ||||||
8 | abilities and skills which results in the inability to | ||||||
9 | practice the profession with reasonable judgment, skill, | ||||||
10 | or safety.
| ||||||
11 | (21) Solicitation of professional services by using | ||||||
12 | false or misleading advertising.
| ||||||
13 | (22) Failure to file a return, or to pay the tax, | ||||||
14 | penalty of interest shown in a filed return, or to pay any | ||||||
15 | final assessment of tax, penalty or interest, as required | ||||||
16 | by any tax Act administered by the Illinois Department of | ||||||
17 | Revenue or any successor agency or the Internal Revenue | ||||||
18 | Service or any successor agency.
| ||||||
19 | (23) Fraud or making any misrepresentation in applying | ||||||
20 | for or procuring a license under this Act or in connection | ||||||
21 | with applying for renewal of a license under this Act.
| ||||||
22 | (24) Practicing or attempting to practice under a name | ||||||
23 | other than the full name as shown on the license or any | ||||||
24 | other legally authorized name.
| ||||||
25 | (25) Gross overcharging for professional services, | ||||||
26 | including filing statements for collection of fees or |
| |||||||
| |||||||
1 | monies for which services are not rendered.
| ||||||
2 | (26) (Blank).
| ||||||
3 | (27) Charging for professional services not rendered, | ||||||
4 | including filing false statements for the collection of | ||||||
5 | fees for which services are not rendered. | ||||||
6 | (28) Allowing one's license under this Act to be used | ||||||
7 | by an unlicensed person in violation of this Act. | ||||||
8 | (b) The Department shall deny, without hearing, any | ||||||
9 | application or renewal for a license under this Act to any | ||||||
10 | person who has defaulted on an educational loan guaranteed by | ||||||
11 | the Illinois Student State Assistance Commission; however, the | ||||||
12 | Department may issue a license or renewal if the person in | ||||||
13 | default has established a satisfactory repayment record as | ||||||
14 | determined by the Illinois Student Assistance Commission.
| ||||||
15 | (c) The determination by a court that a licensee is subject | ||||||
16 | to involuntary admission or judicial admission as provided in | ||||||
17 | the Mental Health and Developmental Disabilities Code will | ||||||
18 | result in an automatic suspension of his or her license. The | ||||||
19 | suspension will end upon a finding by a court that the licensee | ||||||
20 | is no longer subject to involuntary admission or judicial | ||||||
21 | admission, the issuance of an order so finding and discharging | ||||||
22 | the patient, and the determination of the Secretary that the | ||||||
23 | licensee be allowed to resume professional practice. | ||||||
24 | (d) The Department may refuse to issue or renew or may | ||||||
25 | suspend without hearing the license of any person who fails to | ||||||
26 | file a return, to pay the tax penalty or interest shown in a |
| |||||||
| |||||||
1 | filed return, or to pay any final assessment of the tax, | ||||||
2 | penalty, or interest as required by any Act regarding the | ||||||
3 | payment of taxes administered by the Illinois Department of | ||||||
4 | Revenue until the requirements of the Act are satisfied in | ||||||
5 | accordance with subsection (g) of Section 2105-15 of the Civil | ||||||
6 | Administrative Code of Illinois. | ||||||
7 | (e) In cases where the Department of Healthcare and Family | ||||||
8 | Services has previously determined that a licensee or a | ||||||
9 | potential licensee is more than 30 days delinquent in the | ||||||
10 | payment of child support and has subsequently certified the | ||||||
11 | delinquency to the Department, the Department may refuse to | ||||||
12 | issue or renew or may revoke or suspend that person's license | ||||||
13 | or may take other disciplinary action against that person based | ||||||
14 | solely upon the certification of delinquency made by the | ||||||
15 | Department of Healthcare and Family Services in accordance with | ||||||
16 | item (5) of subsection (a) of Section 2105-15 of the Department | ||||||
17 | of Professional Regulation Law of the Civil Administrative Code | ||||||
18 | of Illinois. | ||||||
19 | (f) All fines or costs imposed under this Section shall be | ||||||
20 | paid within 60 days after the effective date of the order | ||||||
21 | imposing the fine or costs or in accordance with the terms set | ||||||
22 | forth in the order imposing the fine.
| ||||||
23 | (Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15; | ||||||
24 | 99-633, eff. 1-1-17; revised 10-27-16.) | ||||||
25 | Section 215. The Illinois Public Aid Code is amended by |
| |||||||
| |||||||
1 | changing Sections 5-8 and 12-4.37 as follows: | ||||||
2 | (305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
| ||||||
3 | Sec. 5-8. Practitioners. In supplying medical assistance, | ||||||
4 | the Illinois
Department may provide for the legally authorized | ||||||
5 | services of (i) persons
licensed under the Medical Practice Act | ||||||
6 | of 1987, as amended, except as
hereafter in this Section | ||||||
7 | stated, whether under a
general or limited license, (ii) | ||||||
8 | persons licensed under the Nurse Practice Act as advanced | ||||||
9 | practice registered nurses, regardless of whether or not the | ||||||
10 | persons have written collaborative agreements, (iii) persons | ||||||
11 | licensed or registered
under
other laws of this State to | ||||||
12 | provide dental, medical, pharmaceutical,
optometric, | ||||||
13 | podiatric, or nursing services, or other remedial care
| ||||||
14 | recognized under State law, and (iv) persons licensed under | ||||||
15 | other laws of
this State as a clinical social worker. The | ||||||
16 | Department shall adopt rules, no later than 90 days after the | ||||||
17 | effective date of this amendatory Act of the 99th General | ||||||
18 | Assembly, for the legally authorized services of persons | ||||||
19 | licensed under other laws of this State as a clinical social | ||||||
20 | worker.
The Department may not provide for legally
authorized | ||||||
21 | services of any physician who has been convicted of having | ||||||
22 | performed
an abortion procedure in a wilful and wanton manner | ||||||
23 | on a woman who was not
pregnant at the time such abortion | ||||||
24 | procedure was performed. The
utilization of the services of | ||||||
25 | persons engaged in the treatment or care of
the sick, which |
| |||||||
| |||||||
1 | persons are not required to be licensed or registered under
the | ||||||
2 | laws of this State, is not prohibited by this Section.
| ||||||
3 | (Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17 .)
| ||||||
4 | (305 ILCS 5/12-4.37) | ||||||
5 | Sec. 12-4.37. Children's Healthcare Partnership Pilot | ||||||
6 | Program. | ||||||
7 | (a) The Department of Healthcare and Family Services, in | ||||||
8 | cooperation with the Department of Human Services, shall | ||||||
9 | establish a Children's Healthcare Partnership Pilot Program in | ||||||
10 | Sangamon County to fund the provision of various health care | ||||||
11 | services by a single provider, or a group of providers that | ||||||
12 | have entered into an agreement for that purpose, at a single | ||||||
13 | location in the county. Services covered under the pilot | ||||||
14 | program shall include, but need not be limited to, family | ||||||
15 | practice, pediatric, nursing (including advanced practice | ||||||
16 | registered nursing), psychiatric, dental, and vision services. | ||||||
17 | The Departments shall fund the provision of all services | ||||||
18 | provided under the pilot program using a rate structure that is | ||||||
19 | cost-based. To be selected by the Departments as the provider | ||||||
20 | of health care services under the pilot program, a provider or | ||||||
21 | group of providers must serve a disproportionate share of | ||||||
22 | low-income or indigent patients, including recipients of | ||||||
23 | medical assistance under Article V of this Code. The | ||||||
24 | Departments shall adopt rules as necessary to implement this | ||||||
25 | Section. |
| |||||||
| |||||||
1 | (b) Implementation of this Section is contingent on federal | ||||||
2 | approval. The Department of Healthcare and Family Services | ||||||
3 | shall take appropriate action by January 1, 2010 to seek | ||||||
4 | federal approval. | ||||||
5 | (c) This Section is inoperative if the provider of health | ||||||
6 | care services under the pilot program receives designation as a | ||||||
7 | Federally Qualified Health Center (FQHC) or FQHC Look-Alike.
| ||||||
8 | (Source: P.A. 96-691, eff. 8-25-09; 96-1000, eff. 7-2-10.) | ||||||
9 | Section 220. The Older Adult Services Act is amended by | ||||||
10 | changing Section 35 as follows: | ||||||
11 | (320 ILCS 42/35)
| ||||||
12 | Sec. 35. Older Adult Services Advisory Committee. | ||||||
13 | (a) The Older Adult Services Advisory Committee is created | ||||||
14 | to advise the directors of Aging, Healthcare and Family | ||||||
15 | Services, and Public Health on all matters related to this Act | ||||||
16 | and the delivery of services to older adults in general.
| ||||||
17 | (b) The Advisory Committee shall be comprised of the | ||||||
18 | following:
| ||||||
19 | (1) The Director of Aging or his or her designee, who | ||||||
20 | shall serve as chair and shall be an ex officio and | ||||||
21 | nonvoting member.
| ||||||
22 | (2) The Director of Healthcare and Family Services and | ||||||
23 | the Director of Public Health or their designees, who shall | ||||||
24 | serve as vice-chairs and shall be ex officio and nonvoting |
| |||||||
| |||||||
1 | members.
| ||||||
2 | (3) One representative each of the Governor's Office, | ||||||
3 | the Department of Healthcare and Family Services, the | ||||||
4 | Department of Public Health, the Department of Veterans' | ||||||
5 | Affairs, the Department of Human Services, the Department | ||||||
6 | of Insurance, the Department of Commerce and Economic | ||||||
7 | Opportunity, the Department on Aging, the Department on | ||||||
8 | Aging's State Long Term Care Ombudsman, the Illinois | ||||||
9 | Housing Finance Authority, and the Illinois Housing | ||||||
10 | Development Authority, each of whom shall be selected by | ||||||
11 | his or her respective director and shall be an ex officio | ||||||
12 | and nonvoting member.
| ||||||
13 | (4) Thirty members appointed by the Director of Aging | ||||||
14 | in collaboration with the directors of Public Health and | ||||||
15 | Healthcare and Family Services, and selected from the | ||||||
16 | recommendations of statewide associations and | ||||||
17 | organizations, as follows:
| ||||||
18 | (A) One member representing the Area Agencies on | ||||||
19 | Aging;
| ||||||
20 | (B) Four members representing nursing homes or | ||||||
21 | licensed assisted living establishments;
| ||||||
22 | (C) One member representing home health agencies;
| ||||||
23 | (D) One member representing case management | ||||||
24 | services;
| ||||||
25 | (E) One member representing statewide senior | ||||||
26 | center associations;
|
| |||||||
| |||||||
1 | (F) One member representing Community Care Program | ||||||
2 | homemaker services;
| ||||||
3 | (G) One member representing Community Care Program | ||||||
4 | adult day services;
| ||||||
5 | (H) One member representing nutrition project | ||||||
6 | directors;
| ||||||
7 | (I) One member representing hospice programs;
| ||||||
8 | (J) One member representing individuals with | ||||||
9 | Alzheimer's disease and related dementias;
| ||||||
10 | (K) Two members representing statewide trade or | ||||||
11 | labor unions;
| ||||||
12 | (L) One advanced practice registered nurse with | ||||||
13 | experience in gerontological nursing;
| ||||||
14 | (M) One physician specializing in gerontology;
| ||||||
15 | (N) One member representing regional long-term | ||||||
16 | care ombudsmen;
| ||||||
17 | (O) One member representing municipal, township, | ||||||
18 | or county officials;
| ||||||
19 | (P) (Blank);
| ||||||
20 | (Q) (Blank);
| ||||||
21 | (R) One member representing the parish nurse | ||||||
22 | movement;
| ||||||
23 | (S) One member representing pharmacists;
| ||||||
24 | (T) Two members representing statewide | ||||||
25 | organizations engaging in advocacy or legal | ||||||
26 | representation on behalf of the senior population;
|
| |||||||
| |||||||
1 | (U) Two family caregivers;
| ||||||
2 | (V) Two citizen members over the age of 60;
| ||||||
3 | (W) One citizen with knowledge in the area of | ||||||
4 | gerontology research or health care law;
| ||||||
5 | (X) One representative of health care facilities | ||||||
6 | licensed under the Hospital Licensing Act; and
| ||||||
7 | (Y) One representative of primary care service | ||||||
8 | providers. | ||||||
9 | The Director of Aging, in collaboration with the Directors | ||||||
10 | of Public Health and Healthcare and Family Services, may | ||||||
11 | appoint additional citizen members to the Older Adult Services | ||||||
12 | Advisory Committee. Each such additional member must be either | ||||||
13 | an individual age 60 or older or an uncompensated caregiver for | ||||||
14 | a family member or friend who is age 60 or older.
| ||||||
15 | (c) Voting members of the Advisory Committee shall serve | ||||||
16 | for a term of 3 years or until a replacement is named. All | ||||||
17 | members shall be appointed no later than January 1, 2005. Of | ||||||
18 | the initial appointees, as determined by lot, 10 members shall | ||||||
19 | serve a term of one year; 10 shall serve for a term of 2 years; | ||||||
20 | and 12 shall serve for a term of 3 years. Any member appointed | ||||||
21 | to fill a vacancy occurring prior to the expiration of the term | ||||||
22 | for which his or her predecessor was appointed shall be | ||||||
23 | appointed for the remainder of that term. The Advisory | ||||||
24 | Committee shall meet at least quarterly and may meet more | ||||||
25 | frequently at the call of the Chair. A simple majority of those | ||||||
26 | appointed shall constitute a quorum. The affirmative vote of a |
| |||||||
| |||||||
1 | majority of those present and voting shall be necessary for | ||||||
2 | Advisory Committee action. Members of the Advisory Committee | ||||||
3 | shall receive no compensation for their services.
| ||||||
4 | (d) The Advisory Committee shall have an Executive | ||||||
5 | Committee comprised of the Chair, the Vice Chairs, and up to 15 | ||||||
6 | members of the Advisory Committee appointed by the Chair who | ||||||
7 | have demonstrated expertise in developing, implementing, or | ||||||
8 | coordinating the system restructuring initiatives defined in | ||||||
9 | Section 25. The Executive Committee shall have responsibility | ||||||
10 | to oversee and structure the operations of the Advisory | ||||||
11 | Committee and to create and appoint necessary subcommittees and | ||||||
12 | subcommittee members.
| ||||||
13 | (e) The Advisory Committee shall study and make | ||||||
14 | recommendations related to the implementation of this Act, | ||||||
15 | including but not limited to system restructuring initiatives | ||||||
16 | as defined in Section 25 or otherwise related to this Act.
| ||||||
17 | (Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10.) | ||||||
18 | Section 225. The Abused and Neglected Child Reporting Act | ||||||
19 | is amended by changing Section 4 as follows:
| ||||||
20 | (325 ILCS 5/4)
| ||||||
21 | Sec. 4. Persons required to report; privileged | ||||||
22 | communications;
transmitting false report. Any physician, | ||||||
23 | resident, intern, hospital,
hospital administrator
and | ||||||
24 | personnel engaged in examination, care and treatment of |
| |||||||
| |||||||
1 | persons, surgeon,
dentist, dentist hygienist, osteopath, | ||||||
2 | chiropractor, podiatric physician, physician
assistant, | ||||||
3 | substance abuse treatment personnel, funeral home
director or | ||||||
4 | employee, coroner, medical examiner, emergency medical | ||||||
5 | technician,
acupuncturist, crisis line or hotline personnel, | ||||||
6 | school personnel (including administrators and both certified | ||||||
7 | and non-certified school employees), personnel of institutions | ||||||
8 | of higher education, educational
advocate assigned to a child | ||||||
9 | pursuant to the School Code, member of a school board or the | ||||||
10 | Chicago Board of Education or the governing body of a private | ||||||
11 | school (but only to the extent required in accordance with | ||||||
12 | other provisions of this Section expressly concerning the duty | ||||||
13 | of school board members to report suspected child abuse), | ||||||
14 | truant officers,
social worker, social services administrator,
| ||||||
15 | domestic violence program personnel, registered nurse, | ||||||
16 | licensed
practical nurse, genetic counselor,
respiratory care | ||||||
17 | practitioner, advanced practice registered nurse, home
health | ||||||
18 | aide, director or staff
assistant of a nursery school or a | ||||||
19 | child day care center, recreational or athletic program
or | ||||||
20 | facility personnel, early intervention provider as defined in | ||||||
21 | the Early Intervention Services System Act, law enforcement | ||||||
22 | officer, licensed professional
counselor, licensed clinical | ||||||
23 | professional counselor, registered psychologist
and
assistants | ||||||
24 | working under the direct supervision of a psychologist,
| ||||||
25 | psychiatrist, or field personnel of the Department of | ||||||
26 | Healthcare and Family Services,
Juvenile Justice, Public |
| |||||||
| |||||||
1 | Health, Human Services (acting as successor to the Department | ||||||
2 | of Mental
Health and Developmental Disabilities, | ||||||
3 | Rehabilitation Services, or Public Aid),
Corrections, Human | ||||||
4 | Rights, or Children and Family Services, supervisor and
| ||||||
5 | administrator of general assistance under the Illinois Public | ||||||
6 | Aid Code,
probation officer, animal control officer or Illinois | ||||||
7 | Department of Agriculture Bureau of Animal Health and Welfare | ||||||
8 | field investigator, or any other foster parent, homemaker or | ||||||
9 | child care worker
having reasonable cause to believe a child | ||||||
10 | known to them in their professional
or official capacity may be | ||||||
11 | an abused child or a neglected child shall
immediately report | ||||||
12 | or cause a report to be made to the Department.
| ||||||
13 | Any member of the clergy having reasonable cause to believe | ||||||
14 | that a child
known to that member of the clergy in his or her | ||||||
15 | professional capacity may be
an abused child as defined in item | ||||||
16 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
17 | Act shall immediately report or cause a report to be made to
| ||||||
18 | the Department.
| ||||||
19 | Any physician, physician's assistant, registered nurse, | ||||||
20 | licensed practical nurse, medical technician, certified | ||||||
21 | nursing assistant, social worker, or licensed professional | ||||||
22 | counselor of any office, clinic, or any other physical location | ||||||
23 | that provides abortions, abortion referrals, or contraceptives | ||||||
24 | having reasonable cause to believe a child known to him or her | ||||||
25 | in his or her professional
or official capacity may be an | ||||||
26 | abused child or a neglected child shall
immediately report or |
| |||||||
| |||||||
1 | cause a report to be made to the Department. | ||||||
2 | If an allegation is raised to a school board member during | ||||||
3 | the course of an open or closed school board meeting that a | ||||||
4 | child who is enrolled in the school district of which he or she | ||||||
5 | is a board member is an abused child as defined in Section 3 of | ||||||
6 | this Act, the member shall direct or cause the school board to | ||||||
7 | direct the superintendent of the school district or other | ||||||
8 | equivalent school administrator to comply with the | ||||||
9 | requirements of this Act concerning the reporting of child | ||||||
10 | abuse. For purposes of this paragraph, a school board member is | ||||||
11 | granted the authority in his or her individual capacity to | ||||||
12 | direct the superintendent of the school district or other | ||||||
13 | equivalent school administrator to comply with the | ||||||
14 | requirements of this Act concerning the reporting of child | ||||||
15 | abuse.
| ||||||
16 | Notwithstanding any other provision of this Act, if an | ||||||
17 | employee of a school district has made a report or caused a | ||||||
18 | report to be made to the Department under this Act involving | ||||||
19 | the conduct of a current or former employee of the school | ||||||
20 | district and a request is made by another school district for | ||||||
21 | the provision of information concerning the job performance or | ||||||
22 | qualifications of the current or former employee because he or | ||||||
23 | she is an applicant for employment with the requesting school | ||||||
24 | district, the general superintendent of the school district to | ||||||
25 | which the request is being made must disclose to the requesting | ||||||
26 | school district the fact that an employee of the school |
| |||||||
| |||||||
1 | district has made a report involving the conduct of the | ||||||
2 | applicant or caused a report to be made to the Department, as | ||||||
3 | required under this Act. Only the fact that an employee of the | ||||||
4 | school district has made a report involving the conduct of the | ||||||
5 | applicant or caused a report to be made to the Department may | ||||||
6 | be disclosed by the general superintendent of the school | ||||||
7 | district to which the request for information concerning the | ||||||
8 | applicant is made, and this fact may be disclosed only in cases | ||||||
9 | where the employee and the general superintendent have not been | ||||||
10 | informed by the Department that the allegations were unfounded. | ||||||
11 | An employee of a school district who is or has been the subject | ||||||
12 | of a report made pursuant to this Act during his or her | ||||||
13 | employment with the school district must be informed by that | ||||||
14 | school district that if he or she applies for employment with | ||||||
15 | another school district, the general superintendent of the | ||||||
16 | former school district, upon the request of the school district | ||||||
17 | to which the employee applies, shall notify that requesting | ||||||
18 | school district that the employee is or was the subject of such | ||||||
19 | a report.
| ||||||
20 | Whenever
such person is required to report under this Act | ||||||
21 | in his capacity as a member of
the staff of a medical or other | ||||||
22 | public or private institution, school, facility
or agency, or | ||||||
23 | as a member of the clergy, he shall
make report immediately to | ||||||
24 | the Department in accordance
with the provisions of this Act | ||||||
25 | and may also notify the person in charge of
such institution, | ||||||
26 | school, facility or agency, or church, synagogue, temple,
|
| |||||||
| |||||||
1 | mosque, or other religious institution, or his
designated agent | ||||||
2 | that such
report has been made. Under no circumstances shall | ||||||
3 | any person in charge of
such institution, school, facility or | ||||||
4 | agency, or church, synagogue, temple,
mosque, or other | ||||||
5 | religious institution, or his
designated agent to whom
such | ||||||
6 | notification has been made, exercise any control, restraint, | ||||||
7 | modification
or other change in the report or the forwarding of | ||||||
8 | such report to the
Department.
| ||||||
9 | The privileged quality of communication between any | ||||||
10 | professional
person required to report
and his patient or | ||||||
11 | client shall not apply to situations involving abused or
| ||||||
12 | neglected children and shall not constitute grounds for failure | ||||||
13 | to report
as required by this Act or constitute grounds for | ||||||
14 | failure to share information or documents with the Department | ||||||
15 | during the course of a child abuse or neglect investigation. If | ||||||
16 | requested by the professional, the Department shall confirm in | ||||||
17 | writing that the information or documents disclosed by the | ||||||
18 | professional were gathered in the course of a child abuse or | ||||||
19 | neglect investigation.
| ||||||
20 | The reporting requirements of this Act shall not apply to | ||||||
21 | the contents of a privileged communication between an attorney | ||||||
22 | and his or her client or to confidential information within the | ||||||
23 | meaning of Rule 1.6 of the Illinois Rules of Professional | ||||||
24 | Conduct relating to the legal representation of an individual | ||||||
25 | client. | ||||||
26 | A member of the clergy may claim the privilege under |
| |||||||
| |||||||
1 | Section 8-803 of the
Code of Civil Procedure.
| ||||||
2 | Any office, clinic, or any other physical location that | ||||||
3 | provides abortions, abortion referrals, or contraceptives | ||||||
4 | shall provide to all office personnel copies of written | ||||||
5 | information and training materials about abuse and neglect and | ||||||
6 | the requirements of this Act that are provided to employees of | ||||||
7 | the office, clinic, or physical location who are required to | ||||||
8 | make reports to the Department under this Act, and instruct | ||||||
9 | such office personnel to bring to the attention of an employee | ||||||
10 | of the office, clinic, or physical location who is required to | ||||||
11 | make reports to the Department under this Act any reasonable | ||||||
12 | suspicion that a child known to him or her in his or her | ||||||
13 | professional or official capacity may be an abused child or a | ||||||
14 | neglected child. In addition to the above persons required to
| ||||||
15 | report suspected cases of abused or neglected children, any | ||||||
16 | other person
may make a report if such person has reasonable | ||||||
17 | cause to believe a child
may be an abused child or a neglected | ||||||
18 | child.
| ||||||
19 | Any person who enters into
employment on and after July 1, | ||||||
20 | 1986 and is mandated by virtue of that
employment to report | ||||||
21 | under this Act, shall sign a statement on a form
prescribed by | ||||||
22 | the Department, to the effect that the employee has knowledge
| ||||||
23 | and understanding of the reporting requirements of this Act. | ||||||
24 | The statement
shall be signed prior to commencement of the | ||||||
25 | employment. The signed
statement shall be retained by the | ||||||
26 | employer. The cost of printing,
distribution, and filing of the |
| |||||||
| |||||||
1 | statement shall be borne by the employer.
| ||||||
2 | Within one year of initial employment and at least every 5 | ||||||
3 | years thereafter, school personnel required to report child | ||||||
4 | abuse as provided under this Section must complete mandated | ||||||
5 | reporter training by a provider or agency with expertise in | ||||||
6 | recognizing and reporting child abuse. | ||||||
7 | The Department shall provide copies of this Act, upon | ||||||
8 | request, to all
employers employing persons who shall be | ||||||
9 | required under the provisions of
this Section to report under | ||||||
10 | this Act.
| ||||||
11 | Any person who knowingly transmits a false report to the | ||||||
12 | Department
commits the offense of disorderly conduct under | ||||||
13 | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | ||||||
14 | A violation of this provision is a Class 4 felony.
| ||||||
15 | Any person who knowingly and willfully violates any | ||||||
16 | provision of this
Section other than a second or subsequent | ||||||
17 | violation of transmitting a
false report as described in the
| ||||||
18 | preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||||||
19 | first violation and a Class
4 felony for a
second or subsequent | ||||||
20 | violation; except that if the person acted as part
of a plan or | ||||||
21 | scheme having as its object the
prevention of discovery of an | ||||||
22 | abused or neglected child by lawful authorities
for the
purpose | ||||||
23 | of protecting or insulating any person or entity from arrest or
| ||||||
24 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
25 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
26 | offense (regardless of whether the second or subsequent offense
|
| |||||||
| |||||||
1 | involves any
of the same facts or persons as the first or other | ||||||
2 | prior offense).
| ||||||
3 | A child whose parent, guardian or custodian in good faith | ||||||
4 | selects and depends
upon spiritual means through prayer alone | ||||||
5 | for the treatment or cure of
disease or remedial care may be | ||||||
6 | considered neglected or abused, but not for
the sole reason | ||||||
7 | that his parent, guardian or custodian accepts and
practices | ||||||
8 | such beliefs.
| ||||||
9 | A child shall not be considered neglected or abused solely | ||||||
10 | because the
child is not attending school in accordance with | ||||||
11 | the requirements of
Article 26 of the School Code, as amended.
| ||||||
12 | Nothing in this Act prohibits a mandated reporter who | ||||||
13 | reasonably believes that an animal is being abused or neglected | ||||||
14 | in violation of the Humane Care for Animals Act from reporting | ||||||
15 | animal abuse or neglect to the Department of Agriculture's | ||||||
16 | Bureau of Animal Health and Welfare. | ||||||
17 | A home rule unit may not regulate the reporting of child | ||||||
18 | abuse or neglect in a manner inconsistent with the provisions | ||||||
19 | of this Section. This Section is a limitation under subsection | ||||||
20 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
21 | the concurrent exercise by home rule units of powers and | ||||||
22 | functions exercised by the State. | ||||||
23 | For purposes of this Section "child abuse or neglect" | ||||||
24 | includes abuse or neglect of an adult resident as defined in | ||||||
25 | this Act. | ||||||
26 | (Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12; |
| |||||||
| |||||||
1 | 97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff. | ||||||
2 | 7-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214, | ||||||
3 | eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.)
| ||||||
4 | Section 230. The Health Care Workplace Violence Prevention | ||||||
5 | Act is amended by changing Section 10 as follows: | ||||||
6 | (405 ILCS 90/10)
| ||||||
7 | Sec. 10. Definitions. In this Act: | ||||||
8 | "Department" means (i) the Department of Human Services, in | ||||||
9 | the case of a health care workplace that is operated or | ||||||
10 | regulated by the Department of Human Services, or (ii) the | ||||||
11 | Department of Public Health, in the case of a health care | ||||||
12 | workplace that is operated or regulated by the Department of | ||||||
13 | Public Health. | ||||||
14 | "Director" means the Secretary of Human Services or the | ||||||
15 | Director of Public Health, as appropriate. | ||||||
16 | "Employee" means any individual who is employed on a | ||||||
17 | full-time, part-time, or contractual basis by a health care | ||||||
18 | workplace. | ||||||
19 | "Health care workplace" means a mental health facility or | ||||||
20 | developmental disability facility as defined in the Mental | ||||||
21 | Health and Developmental Disabilities Code, other than a | ||||||
22 | hospital or unit thereof licensed under the Hospital Licensing | ||||||
23 | Act or operated under the University of Illinois Hospital Act. | ||||||
24 | "Health care workplace" does not include, and shall not be |
| |||||||
| |||||||
1 | construed to include, any office of a physician licensed to | ||||||
2 | practice medicine in all its branches, an advanced practice | ||||||
3 | registered nurse, or a physician assistant, regardless of the | ||||||
4 | form of such office. | ||||||
5 | "Imminent danger" means a preliminary determination of | ||||||
6 | immediate, threatened, or impending risk of physical injury as | ||||||
7 | determined by the employee. | ||||||
8 | "Responsible agency" means the State agency that (i) | ||||||
9 | licenses, certifies, registers, or otherwise regulates or | ||||||
10 | exercises jurisdiction over a health care workplace or a health | ||||||
11 | care workplace's activities or (ii) contracts with a health | ||||||
12 | care workplace for the delivery of health care services.
| ||||||
13 | "Violence" or "violent act" means any act by a patient or | ||||||
14 | resident that causes or threatens to cause an injury to another | ||||||
15 | person.
| ||||||
16 | (Source: P.A. 94-347, eff. 7-28-05.) | ||||||
17 | Section 235. The Perinatal Mental Health Disorders | ||||||
18 | Prevention and Treatment Act is amended by changing Section 10 | ||||||
19 | as follows: | ||||||
20 | (405 ILCS 95/10)
| ||||||
21 | Sec. 10. Definitions. In this Act: | ||||||
22 | "Hospital" has the meaning given to that term in the | ||||||
23 | Hospital Licensing Act. | ||||||
24 | "Licensed health care professional" means a physician |
| |||||||
| |||||||
1 | licensed to practice medicine in all its branches, a licensed | ||||||
2 | advanced practice registered nurse, or a licensed physician | ||||||
3 | assistant. | ||||||
4 | "Postnatal care" means an office visit to a licensed health | ||||||
5 | care professional occurring after birth, with reference to the | ||||||
6 | infant or mother. | ||||||
7 | "Prenatal care" means an office visit to a licensed health | ||||||
8 | care professional for pregnancy-related care occurring before | ||||||
9 | birth. | ||||||
10 | "Questionnaire" means an assessment tool administered by a | ||||||
11 | licensed health care professional to detect perinatal mental | ||||||
12 | health disorders, such as the Edinburgh Postnatal Depression | ||||||
13 | Scale, the Postpartum Depression Screening Scale, the Beck | ||||||
14 | Depression Inventory, the Patient Health Questionnaire, or | ||||||
15 | other validated assessment methods.
| ||||||
16 | (Source: P.A. 99-173, eff. 7-29-15.) | ||||||
17 | Section 240. The Epinephrine Auto-Injector Act is amended | ||||||
18 | by changing Section 5 as follows: | ||||||
19 | (410 ILCS 27/5)
| ||||||
20 | Sec. 5. Definitions. As used in this Act: | ||||||
21 | "Administer" means to directly apply an epinephrine | ||||||
22 | auto-injector to the body of an individual. | ||||||
23 | "Authorized entity" means any entity or organization, | ||||||
24 | other than a school covered under Section 22-30 of the School |
| |||||||
| |||||||
1 | Code, in connection with or at which allergens capable of | ||||||
2 | causing anaphylaxis may be present, including, but not limited | ||||||
3 | to, independent contractors who provide student transportation | ||||||
4 | to schools, recreation camps, colleges and universities, day | ||||||
5 | care facilities, youth sports leagues, amusement parks, | ||||||
6 | restaurants, sports arenas, and places of employment. The | ||||||
7 | Department shall, by rule, determine what constitutes a day | ||||||
8 | care facility under this definition. | ||||||
9 | "Department" means the Department of Public Health. | ||||||
10 | "Epinephrine auto-injector" means a single-use device used | ||||||
11 | for the automatic injection of a pre-measured dose of | ||||||
12 | epinephrine into the human body. | ||||||
13 | "Health care practitioner" means a physician licensed to | ||||||
14 | practice medicine in all its branches under the Medical | ||||||
15 | Practice Act of 1987, a physician assistant under the Physician | ||||||
16 | Assistant Practice Act of 1987 with prescriptive authority, or | ||||||
17 | an advanced practice registered nurse with prescribing | ||||||
18 | authority under Article 65 of the Nurse Practice Act. | ||||||
19 | "Pharmacist" has the meaning given to that term under | ||||||
20 | subsection (k-5) of Section 3 of the Pharmacy Practice Act. | ||||||
21 | "Undesignated epinephrine auto-injector" means an | ||||||
22 | epinephrine auto-injector prescribed in the name of an | ||||||
23 | authorized entity.
| ||||||
24 | (Source: P.A. 99-711, eff. 1-1-17 .) | ||||||
25 | Section 245. The Lead Poisoning Prevention Act is amended |
| |||||||
| |||||||
1 | by changing Section 6.2 as follows:
| ||||||
2 | (410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
| ||||||
3 | Sec. 6.2. Testing children and pregnant persons.
| ||||||
4 | (a) Any physician licensed to practice medicine in all its | ||||||
5 | branches or health care provider who sees or treats children 6 | ||||||
6 | years
of age or younger shall test those children for
lead | ||||||
7 | poisoning when those children reside in an area defined as high | ||||||
8 | risk
by the Department. Children residing in areas defined as | ||||||
9 | low risk by the
Department shall be evaluated for risk by the | ||||||
10 | Childhood Lead Risk Questionnaire developed
by the Department | ||||||
11 | and tested if indicated. Children shall be evaluated in | ||||||
12 | accordance with rules adopted by the Department.
| ||||||
13 | (b) Each licensed, registered, or approved health care | ||||||
14 | facility serving
children 6 years of age or younger, including, | ||||||
15 | but not
limited to,
health departments, hospitals, clinics, and | ||||||
16 | health maintenance
organizations approved, registered, or | ||||||
17 | licensed by the Department, shall take
the appropriate steps to | ||||||
18 | ensure that children 6 years of age or younger be evaluated for | ||||||
19 | risk or tested for lead poisoning or both.
| ||||||
20 | (c) Children 7 years and older and pregnant persons may | ||||||
21 | also be tested by physicians or
health care providers, in | ||||||
22 | accordance with rules adopted by the Department. Physicians and | ||||||
23 | health care providers shall also evaluate
children for lead | ||||||
24 | poisoning in conjunction with the school health
examination, as | ||||||
25 | required under the School Code, when, in the medical judgment
|
| |||||||
| |||||||
1 | of the physician, advanced practice registered nurse, or
| ||||||
2 | physician
assistant, the child is potentially at high risk of | ||||||
3 | lead poisoning.
| ||||||
4 | (d) (Blank).
| ||||||
5 | (Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15; 99-173, | ||||||
6 | eff. 7-29-15.)
| ||||||
7 | Section 250. The Medical Patient Rights Act is amended by | ||||||
8 | changing Section 7 as follows: | ||||||
9 | (410 ILCS 50/7) | ||||||
10 | Sec. 7. Patient examination. Any physician, medical | ||||||
11 | student, resident, advanced practice registered nurse, | ||||||
12 | registered nurse, or physician assistant who provides | ||||||
13 | treatment or care to a patient shall inform the patient of his | ||||||
14 | or her profession upon providing the treatment or care, which | ||||||
15 | includes but is not limited to any physical examination, such | ||||||
16 | as a pelvic examination. In the case of an unconscious patient, | ||||||
17 | any care or treatment must be related to the patient's illness, | ||||||
18 | condition, or disease.
| ||||||
19 | (Source: P.A. 93-771, eff. 7-21-04.) | ||||||
20 | Section 255. The Sexual Assault Survivors Emergency | ||||||
21 | Treatment Act is amended by changing Sections 1a, 2.2, 5, 5.5, | ||||||
22 | and 6.5 as follows:
|
| |||||||
| |||||||
1 | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
| ||||||
2 | Sec. 1a. Definitions. In this Act:
| ||||||
3 | "Ambulance provider" means an individual or entity that | ||||||
4 | owns and operates a business or service using ambulances or | ||||||
5 | emergency medical services vehicles to transport emergency | ||||||
6 | patients.
| ||||||
7 | "Areawide sexual assault treatment plan" means a plan, | ||||||
8 | developed by the hospitals in the community or area to be | ||||||
9 | served, which provides for hospital emergency services to | ||||||
10 | sexual assault survivors that shall be made available by each | ||||||
11 | of the participating hospitals.
| ||||||
12 | "Department" means the Department of Public Health.
| ||||||
13 | "Emergency contraception" means medication as approved by | ||||||
14 | the federal Food and Drug Administration (FDA) that can | ||||||
15 | significantly reduce the risk of pregnancy if taken within 72 | ||||||
16 | hours after sexual assault.
| ||||||
17 | "Follow-up healthcare" means healthcare services related | ||||||
18 | to a sexual assault, including laboratory services and pharmacy | ||||||
19 | services, rendered within 90 days of the initial visit for | ||||||
20 | hospital emergency services.
| ||||||
21 | "Forensic services" means the collection of evidence | ||||||
22 | pursuant to a statewide sexual assault evidence collection | ||||||
23 | program administered by the Department of State Police, using | ||||||
24 | the Illinois State Police Sexual Assault Evidence Collection | ||||||
25 | Kit.
| ||||||
26 | "Health care professional" means a physician, a physician |
| |||||||
| |||||||
1 | assistant, or an advanced practice registered nurse.
| ||||||
2 | "Hospital" has the meaning given to that term in the | ||||||
3 | Hospital Licensing Act.
| ||||||
4 | "Hospital emergency services" means healthcare delivered | ||||||
5 | to outpatients within or under the care and supervision of | ||||||
6 | personnel working in a designated emergency department of a | ||||||
7 | hospital, including, but not limited to, care ordered by such | ||||||
8 | personnel for a sexual assault survivor in the emergency | ||||||
9 | department.
| ||||||
10 | "Illinois State Police Sexual Assault Evidence Collection | ||||||
11 | Kit" means a prepackaged set of materials and forms to be used | ||||||
12 | for the collection of evidence relating to sexual assault. The | ||||||
13 | standardized evidence collection kit for the State of Illinois | ||||||
14 | shall be the Illinois State Police Sexual Assault Evidence | ||||||
15 | Collection Kit.
| ||||||
16 | "Law enforcement agency having jurisdiction" means the law | ||||||
17 | enforcement agency in the jurisdiction where an alleged sexual | ||||||
18 | assault or sexual abuse occurred. | ||||||
19 | "Nurse" means a nurse licensed under the Nurse
Practice | ||||||
20 | Act.
| ||||||
21 | "Physician" means a person licensed to practice medicine in | ||||||
22 | all its branches.
| ||||||
23 | "Sexual assault" means an act of nonconsensual sexual | ||||||
24 | conduct or sexual penetration, as defined in Section 11-0.1 of | ||||||
25 | the Criminal Code of 2012, including, without limitation, acts | ||||||
26 | prohibited under Sections 11-1.20 through 11-1.60 of the |
| |||||||
| |||||||
1 | Criminal Code of 2012.
| ||||||
2 | "Sexual assault survivor" means a person who presents for | ||||||
3 | hospital emergency services in relation to injuries or trauma | ||||||
4 | resulting from a sexual assault.
| ||||||
5 | "Sexual assault transfer plan" means a written plan | ||||||
6 | developed by a hospital and approved by the Department, which | ||||||
7 | describes the hospital's procedures for transferring sexual | ||||||
8 | assault survivors to another hospital in order to receive | ||||||
9 | emergency treatment.
| ||||||
10 | "Sexual assault treatment plan" means a written plan | ||||||
11 | developed by a hospital that describes the hospital's | ||||||
12 | procedures and protocols for providing hospital emergency | ||||||
13 | services and forensic services to sexual assault survivors who | ||||||
14 | present themselves for such services, either directly or | ||||||
15 | through transfer from another hospital.
| ||||||
16 | "Transfer services" means the appropriate medical | ||||||
17 | screening examination and necessary stabilizing treatment | ||||||
18 | prior to the transfer of a sexual assault survivor to a | ||||||
19 | hospital that provides hospital emergency services and | ||||||
20 | forensic services to sexual assault survivors pursuant to a | ||||||
21 | sexual assault treatment plan or areawide sexual assault | ||||||
22 | treatment plan.
| ||||||
23 | "Voucher" means a document generated by a hospital at the | ||||||
24 | time the sexual assault survivor receives hospital emergency | ||||||
25 | and forensic services that a sexual assault survivor may | ||||||
26 | present to providers for follow-up healthcare. |
| |||||||
| |||||||
1 | (Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17 .)
| ||||||
2 | (410 ILCS 70/2.2)
| ||||||
3 | Sec. 2.2. Emergency contraception.
| ||||||
4 | (a) The General Assembly finds:
| ||||||
5 | (1) Crimes of sexual assault and sexual abuse
cause | ||||||
6 | significant physical, emotional, and
psychological trauma | ||||||
7 | to the victims. This trauma is compounded by a victim's
| ||||||
8 | fear of becoming pregnant and bearing a child as a result | ||||||
9 | of the sexual
assault.
| ||||||
10 | (2) Each year over 32,000 women become pregnant in the | ||||||
11 | United States as
the result of rape and
approximately 50% | ||||||
12 | of these pregnancies end in abortion.
| ||||||
13 | (3) As approved for use by the Federal Food and Drug | ||||||
14 | Administration (FDA),
emergency contraception can | ||||||
15 | significantly reduce the risk of pregnancy if taken
within | ||||||
16 | 72 hours after the sexual assault.
| ||||||
17 | (4) By providing emergency contraception to rape | ||||||
18 | victims in a timely
manner, the trauma of rape can be | ||||||
19 | significantly reduced.
| ||||||
20 | (b) Within 120 days after the effective date of this | ||||||
21 | amendatory Act of the
92nd General Assembly, every hospital | ||||||
22 | providing services to sexual
assault survivors in accordance | ||||||
23 | with a plan approved under Section 2 must
develop a protocol | ||||||
24 | that ensures that each survivor of sexual
assault will receive | ||||||
25 | medically and factually accurate and written and oral
|
| |||||||
| |||||||
1 | information about emergency contraception; the indications and
| ||||||
2 | counter-indications and risks associated with the use of | ||||||
3 | emergency
contraception;
and a description of how and when | ||||||
4 | victims may be provided emergency
contraception upon
the | ||||||
5 | written order of a physician licensed to practice medicine
in | ||||||
6 | all its branches, a licensed advanced practice registered | ||||||
7 | nurse, or a licensed physician assistant. The Department shall | ||||||
8 | approve the protocol if it finds
that the implementation of the | ||||||
9 | protocol would provide sufficient protection
for survivors of | ||||||
10 | sexual assault.
| ||||||
11 | The hospital shall implement the protocol upon approval by | ||||||
12 | the Department.
The Department shall adopt rules and | ||||||
13 | regulations establishing one or more safe
harbor protocols and | ||||||
14 | setting minimum acceptable protocol standards that
hospitals | ||||||
15 | may develop and implement. The Department shall approve any | ||||||
16 | protocol
that meets those standards. The Department may provide | ||||||
17 | a sample acceptable
protocol upon request.
| ||||||
18 | (Source: P.A. 99-173, eff. 7-29-15.)
| ||||||
19 | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| ||||||
20 | Sec. 5. Minimum requirements for hospitals providing | ||||||
21 | hospital emergency services and forensic services
to sexual | ||||||
22 | assault survivors.
| ||||||
23 | (a) Every hospital providing hospital emergency services | ||||||
24 | and forensic services to
sexual assault survivors under this | ||||||
25 | Act
shall, as minimum requirements for such services, provide, |
| |||||||
| |||||||
1 | with the consent
of the sexual assault survivor, and as ordered | ||||||
2 | by the attending
physician, an advanced practice registered | ||||||
3 | nurse, or a physician assistant, the following:
| ||||||
4 | (1) appropriate medical examinations and laboratory
| ||||||
5 | tests required to ensure the health, safety, and welfare
of | ||||||
6 | a sexual assault survivor or which may be
used as evidence | ||||||
7 | in a criminal proceeding against a person accused of the
| ||||||
8 | sexual assault, or both; and records of the results of such | ||||||
9 | examinations
and tests shall be maintained by the hospital | ||||||
10 | and made available to law
enforcement officials upon the | ||||||
11 | request of the sexual assault survivor;
| ||||||
12 | (2) appropriate oral and written information | ||||||
13 | concerning the possibility
of infection, sexually | ||||||
14 | transmitted disease and pregnancy
resulting from sexual | ||||||
15 | assault;
| ||||||
16 | (3) appropriate oral and written information | ||||||
17 | concerning accepted medical
procedures, medication, and | ||||||
18 | possible contraindications of such medication
available | ||||||
19 | for the prevention or treatment of infection or disease | ||||||
20 | resulting
from sexual assault;
| ||||||
21 | (4) an amount of medication for treatment at the | ||||||
22 | hospital and after discharge as is deemed appropriate by | ||||||
23 | the attending physician, an advanced practice registered | ||||||
24 | nurse, or a physician assistant and consistent with the | ||||||
25 | hospital's current approved protocol for sexual assault | ||||||
26 | survivors;
|
| |||||||
| |||||||
1 | (5) an evaluation of the sexual assault survivor's risk | ||||||
2 | of contracting human immunodeficiency virus (HIV) from the | ||||||
3 | sexual assault;
| ||||||
4 | (6) written and oral instructions indicating the need | ||||||
5 | for follow-up examinations and laboratory tests after the | ||||||
6 | sexual assault to determine the presence or absence of
| ||||||
7 | sexually transmitted disease;
| ||||||
8 | (7) referral by hospital personnel for appropriate | ||||||
9 | counseling; and
| ||||||
10 | (8) when HIV prophylaxis is deemed appropriate, an | ||||||
11 | initial dose or doses of HIV prophylaxis, along with | ||||||
12 | written and oral instructions indicating the importance of
| ||||||
13 | timely follow-up healthcare.
| ||||||
14 | (b) Any person who is a sexual assault survivor who seeks | ||||||
15 | emergency hospital services and forensic services or follow-up | ||||||
16 | healthcare
under this Act shall be provided such services | ||||||
17 | without the consent
of any parent, guardian, custodian, | ||||||
18 | surrogate, or agent.
| ||||||
19 | (b-5) Every treating hospital providing hospital emergency | ||||||
20 | and forensic services to sexual assault survivors shall issue a | ||||||
21 | voucher to any sexual assault survivor who is eligible to | ||||||
22 | receive one. The hospital shall make a copy of the voucher and | ||||||
23 | place it in the medical record of the sexual assault survivor. | ||||||
24 | The hospital shall provide a copy of the voucher to the sexual | ||||||
25 | assault survivor after discharge upon request. | ||||||
26 | (c) Nothing in this Section creates a physician-patient |
| |||||||
| |||||||
1 | relationship that extends beyond discharge from the hospital | ||||||
2 | emergency department.
| ||||||
3 | (Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16; | ||||||
4 | 99-642, eff. 7-28-16.)
| ||||||
5 | (410 ILCS 70/5.5)
| ||||||
6 | Sec. 5.5. Minimum reimbursement requirements for follow-up | ||||||
7 | healthcare. | ||||||
8 | (a) Every hospital, health care professional, laboratory, | ||||||
9 | or pharmacy that provides follow-up healthcare to a sexual | ||||||
10 | assault survivor, with the consent of the sexual assault | ||||||
11 | survivor and as ordered by the attending physician, an advanced | ||||||
12 | practice registered nurse, or physician assistant shall be | ||||||
13 | reimbursed for the follow-up healthcare services provided. | ||||||
14 | Follow-up healthcare services include, but are not limited to, | ||||||
15 | the following: | ||||||
16 | (1) a physical examination; | ||||||
17 | (2) laboratory tests to determine the presence or | ||||||
18 | absence of sexually transmitted disease; and | ||||||
19 | (3) appropriate medications, including HIV | ||||||
20 | prophylaxis. | ||||||
21 | (b) Reimbursable follow-up healthcare is limited to office | ||||||
22 | visits with a physician, advanced practice registered nurse, or | ||||||
23 | physician assistant within 90 days after an initial visit for | ||||||
24 | hospital emergency services. | ||||||
25 | (c) Nothing in this Section requires a hospital, health |
| |||||||
| |||||||
1 | care professional, laboratory, or pharmacy to provide | ||||||
2 | follow-up healthcare to a sexual assault survivor.
| ||||||
3 | (Source: P.A. 99-173, eff. 7-29-15.) | ||||||
4 | (410 ILCS 70/6.5) | ||||||
5 | Sec. 6.5. Written consent to the release of sexual assault | ||||||
6 | evidence for testing. | ||||||
7 | (a) Upon the completion of hospital emergency services and | ||||||
8 | forensic services, the health care professional providing the | ||||||
9 | forensic services shall provide the patient the opportunity to | ||||||
10 | sign a written consent to allow law enforcement to submit the | ||||||
11 | sexual assault evidence for testing. The written consent shall | ||||||
12 | be on a form included in the sexual assault evidence collection | ||||||
13 | kit and shall include whether the survivor consents to the | ||||||
14 | release of information about the sexual assault to law | ||||||
15 | enforcement. | ||||||
16 | (1) A survivor 13 years of age or older may sign the | ||||||
17 | written consent to release the evidence for testing. | ||||||
18 | (2) If the survivor is a minor who is under 13 years of | ||||||
19 | age, the written consent to release the sexual assault | ||||||
20 | evidence for testing may be signed by the parent, guardian, | ||||||
21 | investigating law enforcement officer, or Department of | ||||||
22 | Children and Family Services. | ||||||
23 | (3) If the survivor is an adult who has a guardian of | ||||||
24 | the person, a health care surrogate, or an agent acting | ||||||
25 | under a health care power of attorney, the consent of the |
| |||||||
| |||||||
1 | guardian, surrogate, or agent is not required to release | ||||||
2 | evidence and information concerning the sexual assault or | ||||||
3 | sexual abuse. If the adult is unable to provide consent for | ||||||
4 | the release of evidence and information and a guardian, | ||||||
5 | surrogate, or agent under a health care power of attorney | ||||||
6 | is unavailable or unwilling to release the information, | ||||||
7 | then an investigating law enforcement officer may | ||||||
8 | authorize the release. | ||||||
9 | (4) Any health care professional, including any | ||||||
10 | physician, advanced practice registered nurse, physician | ||||||
11 | assistant, or nurse, sexual assault nurse examiner, and any | ||||||
12 | health care institution, including any hospital, who | ||||||
13 | provides evidence or information to a law enforcement | ||||||
14 | officer under a written consent as specified in this | ||||||
15 | Section is immune from any civil or professional liability | ||||||
16 | that might arise from those actions, with the exception of | ||||||
17 | willful or wanton misconduct. The immunity provision | ||||||
18 | applies only if all of the requirements of this Section are | ||||||
19 | met. | ||||||
20 | (b) The hospital shall keep a copy of a signed or unsigned | ||||||
21 | written consent form in the patient's medical record. | ||||||
22 | (c) If a written consent to allow law enforcement to test | ||||||
23 | the sexual assault evidence is not signed at the completion of | ||||||
24 | hospital emergency services and forensic services, the | ||||||
25 | hospital shall include the following information in its | ||||||
26 | discharge instructions: |
| |||||||
| |||||||
1 | (1) the sexual assault evidence will be stored for 5 | ||||||
2 | years from the completion of an Illinois State Police | ||||||
3 | Sexual Assault Evidence Collection Kit, or 5 years from the | ||||||
4 | age of 18 years, whichever is longer; | ||||||
5 | (2) a person authorized to consent to the testing of | ||||||
6 | the sexual assault evidence may sign a written consent to | ||||||
7 | allow law enforcement to test the sexual assault evidence | ||||||
8 | at any time during that 5-year period for an adult victim, | ||||||
9 | or until a minor victim turns 23 years of age by (A) | ||||||
10 | contacting the law enforcement agency having jurisdiction, | ||||||
11 | or if unknown, the law enforcement agency contacted by the | ||||||
12 | hospital under Section 3.2 of the Criminal Identification | ||||||
13 | Act; or (B) by working with an advocate at a rape crisis | ||||||
14 | center; | ||||||
15 | (3) the name, address, and phone number of the law | ||||||
16 | enforcement agency having jurisdiction, or if unknown the | ||||||
17 | name, address, and phone number of the law enforcement | ||||||
18 | agency contacted by the hospital under Section 3.2 of the | ||||||
19 | Criminal Identification Act; and | ||||||
20 | (4) the name and phone number of a local rape crisis | ||||||
21 | center.
| ||||||
22 | (Source: P.A. 99-801, eff. 1-1-17 .) | ||||||
23 | Section 260. The Consent by Minors to Medical Procedures | ||||||
24 | Act is amended by changing Sections 1, 1.5, 2, 3, and 5 as | ||||||
25 | follows:
|
| |||||||
| |||||||
1 | (410 ILCS 210/1) (from Ch. 111, par. 4501)
| ||||||
2 | Sec. 1. Consent by minor. The consent to the performance of | ||||||
3 | a medical or
surgical procedure
by a physician licensed to | ||||||
4 | practice medicine and surgery, a licensed advanced practice | ||||||
5 | registered nurse, or a licensed physician assistant executed by | ||||||
6 | a
married person who is a minor, by a parent who is a minor, by | ||||||
7 | a pregnant
woman who is a minor, or by
any person 18 years of | ||||||
8 | age or older, is not voidable because of such
minority, and, | ||||||
9 | for such purpose, a married person who is a minor, a parent
who | ||||||
10 | is a minor, a
pregnant woman who is a minor, or any person 18 | ||||||
11 | years of age or older, is
deemed to have the same legal | ||||||
12 | capacity to act and has the same powers and
obligations as has | ||||||
13 | a person of legal age.
| ||||||
14 | (Source: P.A. 99-173, eff. 7-29-15.)
| ||||||
15 | (410 ILCS 210/1.5) | ||||||
16 | Sec. 1.5. Consent by minor seeking care for primary care | ||||||
17 | services. | ||||||
18 | (a) The consent to the performance of primary care services | ||||||
19 | by a physician licensed to practice medicine in all its | ||||||
20 | branches, a licensed advanced practice registered nurse, or a | ||||||
21 | licensed physician assistant executed by a minor seeking care | ||||||
22 | is not voidable because of such minority, and for such purpose, | ||||||
23 | a minor seeking care is deemed to have the same legal capacity | ||||||
24 | to act and has the same powers and obligations as has a person |
| |||||||
| |||||||
1 | of legal age under the following circumstances: | ||||||
2 | (1) the health care professional reasonably believes | ||||||
3 | that the minor seeking care understands the benefits and | ||||||
4 | risks of any proposed primary care or services; and | ||||||
5 | (2) the minor seeking care is identified in writing as | ||||||
6 | a minor seeking care by: | ||||||
7 | (A) an adult relative; | ||||||
8 | (B) a representative of a homeless service agency | ||||||
9 | that receives federal, State, county, or municipal | ||||||
10 | funding to provide those services or that is otherwise | ||||||
11 | sanctioned by a local continuum of care; | ||||||
12 | (C) an attorney licensed to practice law in this | ||||||
13 | State; | ||||||
14 | (D) a public school homeless liaison or school | ||||||
15 | social worker; | ||||||
16 | (E) a social service agency providing services to | ||||||
17 | at risk, homeless, or runaway youth; or | ||||||
18 | (F) a representative of a religious organization. | ||||||
19 | (b) A health care professional rendering primary care | ||||||
20 | services under this Section shall not incur civil or criminal | ||||||
21 | liability for failure to obtain valid consent or professional | ||||||
22 | discipline for failure to obtain valid consent if he or she | ||||||
23 | relied in good faith on the representations made by the minor | ||||||
24 | or the information provided under paragraph (2) of subsection | ||||||
25 | (a) of this Section. Under such circumstances, good faith shall | ||||||
26 | be presumed. |
| |||||||
| |||||||
1 | (c) The confidential nature of any communication between a | ||||||
2 | health care professional described in Section 1 of this Act and | ||||||
3 | a minor seeking care is not waived (1) by the presence, at the | ||||||
4 | time of communication, of any additional persons present at the | ||||||
5 | request of the minor seeking care, (2) by the health care | ||||||
6 | professional's disclosure of confidential information to the | ||||||
7 | additional person with the consent of the minor seeking care, | ||||||
8 | when reasonably necessary to accomplish the purpose for which | ||||||
9 | the additional person is consulted, or (3) by the health care | ||||||
10 | professional billing a health benefit insurance or plan under | ||||||
11 | which the minor seeking care is insured, is enrolled, or has | ||||||
12 | coverage for the services provided. | ||||||
13 | (d) Nothing in this Section shall be construed to limit or | ||||||
14 | expand a minor's existing powers and obligations under any | ||||||
15 | federal, State, or local law. Nothing in this Section shall be | ||||||
16 | construed to affect the Parental Notice of Abortion Act of | ||||||
17 | 1995. Nothing in this Section affects the right or authority of | ||||||
18 | a parent or legal guardian to verbally, in writing, or | ||||||
19 | otherwise authorize health care services to be provided for a | ||||||
20 | minor in their absence. | ||||||
21 | (e) For the purposes of this Section: | ||||||
22 | "Minor seeking care" means a person at least 14 years | ||||||
23 | of age but less than 18 years of age who is living separate | ||||||
24 | and apart from his or her parents or legal guardian, | ||||||
25 | whether with or without the consent of a parent or legal | ||||||
26 | guardian who is unable or unwilling to return to the |
| |||||||
| |||||||
1 | residence of a parent, and managing his or her own personal | ||||||
2 | affairs. "Minor seeking care" does not include minors who | ||||||
3 | are under the protective custody, temporary custody, or | ||||||
4 | guardianship of the Department of Children and Family | ||||||
5 | Services. | ||||||
6 | "Primary care services" means health care services | ||||||
7 | that include screening, counseling, immunizations, | ||||||
8 | medication, and treatment of illness and conditions | ||||||
9 | customarily provided by licensed health care professionals | ||||||
10 | in an out-patient setting. "Primary care services" does not | ||||||
11 | include invasive care, beyond standard injections, | ||||||
12 | laceration care, or non-surgical fracture care.
| ||||||
13 | (Source: P.A. 98-671, eff. 10-1-14; 99-173, eff. 7-29-15.)
| ||||||
14 | (410 ILCS 210/2) (from Ch. 111, par. 4502)
| ||||||
15 | Sec. 2. Any parent, including a parent who is a minor, may | ||||||
16 | consent to the
performance upon his or her child of a medical | ||||||
17 | or surgical procedure by a
physician licensed to practice | ||||||
18 | medicine and surgery, a licensed advanced practice registered | ||||||
19 | nurse, or a licensed physician assistant or a dental procedure
| ||||||
20 | by a licensed dentist. The consent of a parent who is a minor | ||||||
21 | shall not be
voidable because of such minority, but, for such | ||||||
22 | purpose, a parent who is a
minor shall be deemed to have the | ||||||
23 | same legal capacity to act and shall have
the same powers and | ||||||
24 | obligations as has a person of legal age.
| ||||||
25 | (Source: P.A. 99-173, eff. 7-29-15.)
|
| |||||||
| |||||||
1 | (410 ILCS 210/3) (from Ch. 111, par. 4503)
| ||||||
2 | Sec. 3. (a) Where a hospital, a physician licensed to | ||||||
3 | practice medicine
or surgery, a licensed advanced practice | ||||||
4 | registered nurse, or a licensed physician assistant renders | ||||||
5 | emergency treatment or first aid or a licensed dentist
renders | ||||||
6 | emergency dental treatment to a minor, consent of the minor's | ||||||
7 | parent
or legal guardian need not be obtained if, in the sole | ||||||
8 | opinion of the
physician,
advanced practice registered nurse, | ||||||
9 | physician assistant,
dentist, or hospital, the obtaining of | ||||||
10 | consent is not reasonably feasible
under the circumstances | ||||||
11 | without adversely affecting the condition of such
minor's | ||||||
12 | health.
| ||||||
13 | (b) Where a minor is the victim of a predatory criminal | ||||||
14 | sexual assault of
a child, aggravated criminal sexual assault, | ||||||
15 | criminal sexual assault,
aggravated criminal sexual abuse or | ||||||
16 | criminal sexual abuse, as provided in
Sections 11-1.20 through | ||||||
17 | 11-1.60 of the Criminal Code of 2012, the consent
of the | ||||||
18 | minor's parent or legal guardian need not be obtained to | ||||||
19 | authorize
a hospital, physician, advanced practice registered | ||||||
20 | nurse, physician assistant, or other medical personnel to | ||||||
21 | furnish medical care
or counseling related to the diagnosis or | ||||||
22 | treatment of any disease or injury
arising from such offense. | ||||||
23 | The minor may consent to such counseling, diagnosis
or | ||||||
24 | treatment as if the minor had reached his or her age of | ||||||
25 | majority. Such
consent shall not be voidable, nor subject to |
| |||||||
| |||||||
1 | later disaffirmance, because
of minority.
| ||||||
2 | (Source: P.A. 99-173, eff. 7-29-15.)
| ||||||
3 | (410 ILCS 210/5) (from Ch. 111, par. 4505)
| ||||||
4 | Sec. 5. Counseling; informing parent or guardian. Any | ||||||
5 | physician, advanced practice registered nurse, or physician | ||||||
6 | assistant,
who
provides diagnosis or treatment or any
licensed | ||||||
7 | clinical psychologist or professionally trained social worker
| ||||||
8 | with a master's degree or any qualified person employed (i) by | ||||||
9 | an
organization licensed or funded by the Department of Human
| ||||||
10 | Services, (ii) by units of local
government, or (iii) by | ||||||
11 | agencies or organizations operating drug abuse programs
funded | ||||||
12 | or licensed by the Federal Government or the State of Illinois
| ||||||
13 | or any qualified person employed by or associated with any | ||||||
14 | public or private
alcoholism or drug abuse program licensed by | ||||||
15 | the State of Illinois who
provides counseling to a minor | ||||||
16 | patient who has come into contact with any
sexually transmitted | ||||||
17 | disease referred to in Section 4 of this
Act may, but shall not | ||||||
18 | be
obligated to, inform the parent, parents, or guardian of the | ||||||
19 | minor as to
the treatment given or needed. Any person described | ||||||
20 | in this Section who
provides counseling to a minor who abuses | ||||||
21 | drugs or alcohol or has a family
member who abuses drugs or | ||||||
22 | alcohol shall not inform the parent, parents,
guardian, or | ||||||
23 | other responsible adult of the minor's condition or treatment
| ||||||
24 | without the minor's consent unless that action is, in the | ||||||
25 | person's
judgment, necessary to protect the safety of the |
| |||||||
| |||||||
1 | minor, a family member, or
another individual.
| ||||||
2 | Any such person shall, upon the minor's consent, make | ||||||
3 | reasonable efforts
to involve the family of the minor in his or | ||||||
4 | her treatment, if the person
furnishing the treatment believes | ||||||
5 | that the involvement of the family will
not be detrimental to | ||||||
6 | the progress and care of the minor. Reasonable effort
shall be | ||||||
7 | extended to assist the minor in accepting the involvement of | ||||||
8 | his
or her family in the care and treatment being given.
| ||||||
9 | (Source: P.A. 93-962, eff. 8-20-04.)
| ||||||
10 | Section 265. The Early Hearing Detection and Intervention | ||||||
11 | Act is amended by changing Section 10 as follows:
| ||||||
12 | (410 ILCS 213/10)
| ||||||
13 | Sec. 10. Reports to Department of Public Health. | ||||||
14 | Physicians, advanced practice registered nurses, physician | ||||||
15 | assistants, otolaryngologists, audiologists, ancillary health | ||||||
16 | care providers, early intervention programs and providers, | ||||||
17 | parent-to-parent support programs, the Department of Human | ||||||
18 | Services, and the University of Illinois at Chicago Division of | ||||||
19 | Specialized Care for Children shall report all hearing testing, | ||||||
20 | medical treatment, and intervention outcomes related to | ||||||
21 | newborn hearing screening or newly identified hearing loss for | ||||||
22 | children birth through 6 years of age to the Department. | ||||||
23 | Reporting shall be done within 7 days after the date of service | ||||||
24 | or after an inquiry from the Department. Reports shall be in a |
| |||||||
| |||||||
1 | format determined by the Department.
| ||||||
2 | (Source: P.A. 99-834, eff. 8-19-16.)
| ||||||
3 | Section 270. The Prenatal and Newborn Care Act is amended | ||||||
4 | by changing Sections 2 and 6 as follows:
| ||||||
5 | (410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
| ||||||
6 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
7 | context otherwise
requires:
| ||||||
8 | "Advanced practice registered nurse" or "APRN" "APN" means | ||||||
9 | an advanced practice registered nurse licensed under the Nurse | ||||||
10 | Practice Act.
| ||||||
11 | "Department" means the Illinois Department of Human | ||||||
12 | Services.
| ||||||
13 | "Early and Periodic Screening, Diagnosis and Treatment | ||||||
14 | (EPSDT)" means
the provision of preventative health care under | ||||||
15 | 42 C.F.R. 441.50 et seq.,
including medical and dental | ||||||
16 | services, needed to assess growth and
development and detect | ||||||
17 | and treat health problems.
| ||||||
18 | "Hospital" means a hospital as defined under the Hospital | ||||||
19 | Licensing Act.
| ||||||
20 | "Local health authority" means the full-time official | ||||||
21 | health
department or board of health, as recognized by the | ||||||
22 | Illinois Department
of Public Health, having
jurisdiction over | ||||||
23 | a particular area.
| ||||||
24 | "Nurse" means a nurse licensed under the Nurse Practice |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | "Physician" means a physician licensed to practice | ||||||
3 | medicine in all of
its branches.
| ||||||
4 | "Physician assistant" means a physician assistant licensed | ||||||
5 | under the Physician Assistant Practice Act of 1987.
| ||||||
6 | "Postnatal visit" means a visit occurring after birth, with
| ||||||
7 | reference to the newborn.
| ||||||
8 | "Prenatal visit" means a visit occurring before birth.
| ||||||
9 | "Program" means the Prenatal and Newborn Care Program | ||||||
10 | established
pursuant to this Act.
| ||||||
11 | (Source: P.A. 99-173, eff. 7-29-15.)
| ||||||
12 | (410 ILCS 225/6) (from Ch. 111 1/2, par. 7026)
| ||||||
13 | Sec. 6. Covered services.
| ||||||
14 | (a) Covered services under the program may
include, but are | ||||||
15 | not necessarily limited to, the following:
| ||||||
16 | (1) Laboratory services related to a recipient's | ||||||
17 | pregnancy, performed or
ordered by a physician, advanced | ||||||
18 | practice registered nurse, or physician assistant.
| ||||||
19 | (2) Screening and treatment for sexually transmitted
| ||||||
20 | disease.
| ||||||
21 | (3) Prenatal visits to a physician in the physician's | ||||||
22 | office, an advanced practice registered nurse in the | ||||||
23 | advanced practice registered nurse's office, a physician | ||||||
24 | assistant in the physician assistant's office, or to a
| ||||||
25 | hospital outpatient prenatal clinic, local health |
| |||||||
| |||||||
1 | department maternity
clinic, or community health center.
| ||||||
2 | (4) Radiology services which are directly related to | ||||||
3 | the pregnancy, are
determined to be medically necessary and | ||||||
4 | are ordered by a physician, an advanced practice registered | ||||||
5 | nurse, or a physician assistant.
| ||||||
6 | (5) Pharmacy services related to the pregnancy.
| ||||||
7 | (6) Other medical consultations related to the | ||||||
8 | pregnancy.
| ||||||
9 | (7) Physician, advanced practice registered nurse, | ||||||
10 | physician assistant, or nurse services associated with | ||||||
11 | delivery.
| ||||||
12 | (8) One postnatal office visit within 60 days after | ||||||
13 | delivery.
| ||||||
14 | (9) Two EPSDT-equivalent screenings for the infant | ||||||
15 | within 90 days after
birth.
| ||||||
16 | (10) Social and support services.
| ||||||
17 | (11) Nutrition services.
| ||||||
18 | (12) Case management services.
| ||||||
19 | (b) The following services shall not be covered under the | ||||||
20 | program:
| ||||||
21 | (1) Services determined by the Department not to be | ||||||
22 | medically necessary.
| ||||||
23 | (2) Services not directly related to the pregnancy, | ||||||
24 | except for the 2
covered EPSDT-equivalent screenings.
| ||||||
25 | (3) Hospital inpatient services.
| ||||||
26 | (4) Anesthesiologist and radiologist services during a |
| |||||||
| |||||||
1 | period of
hospital inpatient care.
| ||||||
2 | (5) Physician, advanced practice registered nurse, and | ||||||
3 | physician assistant hospital visits.
| ||||||
4 | (6) Services considered investigational or | ||||||
5 | experimental.
| ||||||
6 | (Source: P.A. 93-962, eff. 8-20-04.)
| ||||||
7 | Section 275. The AIDS Confidentiality Act is amended by | ||||||
8 | changing Section 3 as follows:
| ||||||
9 | (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
| ||||||
10 | Sec. 3. Definitions. When used in this Act:
| ||||||
11 | (a) "AIDS" means acquired immunodeficiency syndrome. | ||||||
12 | (b) "Authority" means the Illinois Health Information | ||||||
13 | Exchange Authority established pursuant to the Illinois Health | ||||||
14 | Information Exchange and Technology Act. | ||||||
15 | (c) "Business associate" has the meaning ascribed to it | ||||||
16 | under HIPAA, as specified in 45 CFR 160.103. | ||||||
17 | (d) "Covered entity" has the meaning ascribed to it under | ||||||
18 | HIPAA, as specified in 45 CFR 160.103. | ||||||
19 | (e) "De-identified information" means health information | ||||||
20 | that is not individually identifiable as described under HIPAA, | ||||||
21 | as specified in 45 CFR 164.514(b). | ||||||
22 | (f) "Department" means the Illinois Department of Public | ||||||
23 | Health or its designated agents.
| ||||||
24 | (g) "Disclosure" has the meaning ascribed to it under |
| |||||||
| |||||||
1 | HIPAA, as specified in 45 CFR 160.103. | ||||||
2 | (h) "Health care operations" has the meaning ascribed to it | ||||||
3 | under HIPAA, as specified in 45 CFR 164.501. | ||||||
4 | (i) "Health care professional" means (i) a licensed | ||||||
5 | physician, (ii) a licensed
physician assistant, (iii) a | ||||||
6 | licensed advanced practice registered nurse, (iv) an advanced | ||||||
7 | practice registered nurse or physician assistant who practices | ||||||
8 | in a hospital or ambulatory surgical treatment center and | ||||||
9 | possesses appropriate clinical privileges, (v) a licensed | ||||||
10 | dentist, (vi) a licensed podiatric physician, or (vii) an
| ||||||
11 | individual certified to provide HIV testing and counseling by a | ||||||
12 | state or local
public health
department. | ||||||
13 | (j) "Health care provider" has the meaning ascribed to it | ||||||
14 | under HIPAA, as specified in 45 CFR 160.103.
| ||||||
15 | (k) "Health facility" means a hospital, nursing home, blood | ||||||
16 | bank, blood
center, sperm bank, or other health care | ||||||
17 | institution, including any "health
facility" as that term is | ||||||
18 | defined in the Illinois Finance Authority
Act.
| ||||||
19 | (l) "Health information exchange" or "HIE" means a health | ||||||
20 | information exchange or health information organization that | ||||||
21 | oversees and governs the electronic exchange of health | ||||||
22 | information that (i) is established pursuant to the Illinois | ||||||
23 | Health Information Exchange and Technology Act, or any | ||||||
24 | subsequent amendments thereto, and any administrative rules | ||||||
25 | adopted thereunder; (ii) has established a data sharing | ||||||
26 | arrangement with the Authority; or (iii) as of August 16, 2013, |
| |||||||
| |||||||
1 | was designated by the Authority Board as a member of, or was | ||||||
2 | represented on, the Authority Board's Regional Health | ||||||
3 | Information Exchange Workgroup; provided that such designation
| ||||||
4 | shall not require the establishment of a data sharing | ||||||
5 | arrangement or other participation with the Illinois Health
| ||||||
6 | Information Exchange or the payment of any fee. In certain | ||||||
7 | circumstances, in accordance with HIPAA, an HIE will be a | ||||||
8 | business associate. | ||||||
9 | (m) "Health oversight agency" has the meaning ascribed to | ||||||
10 | it under HIPAA, as specified in 45 CFR 164.501. | ||||||
11 | (n) "HIPAA" means the Health Insurance Portability and | ||||||
12 | Accountability Act of 1996, Public Law 104-191, as amended by | ||||||
13 | the Health Information Technology for Economic and Clinical | ||||||
14 | Health Act of 2009, Public Law 111-05, and any subsequent | ||||||
15 | amendments thereto and any regulations promulgated thereunder. | ||||||
16 | (o) "HIV" means the human immunodeficiency virus. | ||||||
17 | (p) "HIV-related information" means the identity of a | ||||||
18 | person upon whom an HIV test is performed, the results of an | ||||||
19 | HIV test, as well as diagnosis, treatment, and prescription | ||||||
20 | information that reveals a patient is HIV-positive, including | ||||||
21 | such information contained in a limited data set. "HIV-related | ||||||
22 | information" does not include information that has been | ||||||
23 | de-identified in accordance with HIPAA. | ||||||
24 | (q) "Informed consent" means: | ||||||
25 | (1) where a health care provider, health care | ||||||
26 | professional, or health facility has implemented opt-in |
| |||||||
| |||||||
1 | testing, a process by which an individual or their legal | ||||||
2 | representative receives pre-test information, has an | ||||||
3 | opportunity to ask questions, and consents verbally or in | ||||||
4 | writing to the test without undue inducement or any element | ||||||
5 | of force, fraud, deceit, duress, or other form of | ||||||
6 | constraint or coercion; or | ||||||
7 | (2) where a health care provider, health care | ||||||
8 | professional, or health facility has implemented opt-out | ||||||
9 | testing, the individual or their legal representative has | ||||||
10 | been notified verbally or in writing that the test is | ||||||
11 | planned, has received pre-test information, has been given | ||||||
12 | the opportunity to ask questions and the opportunity to | ||||||
13 | decline testing, and has not declined testing; where such | ||||||
14 | notice is provided, consent for opt-out HIV testing may be | ||||||
15 | incorporated into the patient's general consent for | ||||||
16 | medical care on the same basis as are other screening or | ||||||
17 | diagnostic tests; a separate consent for opt-out HIV | ||||||
18 | testing is not required. | ||||||
19 | In addition, where the person providing informed consent is | ||||||
20 | a participant in an HIE, informed consent requires a fair | ||||||
21 | explanation that the results of the patient's HIV test will be | ||||||
22 | accessible through an HIE and meaningful disclosure of the | ||||||
23 | patient's opt-out right under Section 9.6 of this Act. | ||||||
24 | A health care provider, health care professional, or health | ||||||
25 | facility undertaking an informed consent process for HIV | ||||||
26 | testing under this subsection may combine a form used to obtain |
| |||||||
| |||||||
1 | informed consent for HIV testing with forms used to obtain | ||||||
2 | written consent for general medical care or any other medical | ||||||
3 | test or procedure, provided that the forms make it clear that | ||||||
4 | the subject may consent to general medical care, tests, or | ||||||
5 | procedures without being required to consent to HIV testing, | ||||||
6 | and clearly explain how the subject may decline HIV testing. | ||||||
7 | Health facility clerical staff or other staff responsible for | ||||||
8 | the consent form for general medical care may obtain consent | ||||||
9 | for HIV testing through a general consent form. | ||||||
10 | (r) "Limited data set" has the meaning ascribed to it under | ||||||
11 | HIPAA, as described in 45 CFR 164.514(e)(2). | ||||||
12 | (s) "Minimum necessary" means the HIPAA standard for using, | ||||||
13 | disclosing, and requesting protected health information found | ||||||
14 | in 45 CFR 164.502(b) and 164.514(d). | ||||||
15 | (s-1) "Opt-in testing" means an approach where an HIV test | ||||||
16 | is presented by offering the test and the patient accepts or | ||||||
17 | declines testing. | ||||||
18 | (s-3) "Opt-out testing" means an approach where an HIV test | ||||||
19 | is presented such that a patient is notified that HIV testing | ||||||
20 | may occur unless the patient declines. | ||||||
21 | (t) "Organized health care arrangement" has the meaning | ||||||
22 | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||||||
23 | (u) "Patient safety activities" has the meaning ascribed to | ||||||
24 | it under 42 CFR 3.20. | ||||||
25 | (v) "Payment" has the meaning ascribed to it under HIPAA, | ||||||
26 | as specified in 45 CFR 164.501. |
| |||||||
| |||||||
1 | (w) "Person" includes any natural person, partnership, | ||||||
2 | association, joint venture, trust, governmental entity, public | ||||||
3 | or private corporation, health facility, or other legal entity. | ||||||
4 | (w-5) "Pre-test information" means: | ||||||
5 | (1) a reasonable explanation of the test, including its | ||||||
6 | purpose, potential uses, limitations, and the meaning of | ||||||
7 | its results; and | ||||||
8 | (2) a reasonable explanation of the procedures to be | ||||||
9 | followed, including the voluntary nature of the test, the | ||||||
10 | availability of a qualified person to answer questions, the | ||||||
11 | right to withdraw consent to the testing process at any | ||||||
12 | time, the right to anonymity to the extent provided by law | ||||||
13 | with respect to participation in the test and disclosure of | ||||||
14 | test results, and the right to confidential treatment of | ||||||
15 | information identifying the subject of the test and the | ||||||
16 | results of the test, to the extent provided by law. | ||||||
17 | Pre-test information may be provided in writing, verbally, | ||||||
18 | or by video, electronic, or other means and may be provided as | ||||||
19 | designated by the supervising health care professional or the | ||||||
20 | health facility. | ||||||
21 | For the purposes of this definition, a qualified person to | ||||||
22 | answer questions is a health care professional or, when acting | ||||||
23 | under the supervision of a health care professional, a | ||||||
24 | registered nurse, medical assistant, or other person | ||||||
25 | determined to be sufficiently knowledgeable about HIV testing, | ||||||
26 | its purpose, potential uses, limitations, the meaning of the |
| |||||||
| |||||||
1 | test results, and the testing procedures in the professional | ||||||
2 | judgment of a supervising health care professional or as | ||||||
3 | designated by a health care facility. | ||||||
4 | (x) "Protected health information" has the meaning | ||||||
5 | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||||||
6 | (y) "Research" has the meaning ascribed to it under HIPAA, | ||||||
7 | as specified in 45 CFR 164.501. | ||||||
8 | (z) "State agency" means an instrumentality of the State of | ||||||
9 | Illinois and any instrumentality of another state that, | ||||||
10 | pursuant to applicable law or a written undertaking with an | ||||||
11 | instrumentality of the State of Illinois, is bound to protect | ||||||
12 | the privacy of HIV-related information of Illinois persons.
| ||||||
13 | (aa) "Test" or "HIV test" means a test to determine the | ||||||
14 | presence of the
antibody or antigen to HIV, or of HIV | ||||||
15 | infection.
| ||||||
16 | (bb) "Treatment" has the meaning ascribed to it under | ||||||
17 | HIPAA, as specified in 45 CFR 164.501. | ||||||
18 | (cc) "Use" has the meaning ascribed to it under HIPAA, as | ||||||
19 | specified in 45 CFR 160.103, where context dictates.
| ||||||
20 | (Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15; 99-54, | ||||||
21 | eff. 1-1-16; 99-173, eff. 7-29-15; 99-642, eff. 7-28-16.) | ||||||
22 | Section 280. The Illinois Sexually Transmissible Disease | ||||||
23 | Control Act is amended by changing Sections 3, 4, and 5.5 as | ||||||
24 | follows:
|
| |||||||
| |||||||
1 | (410 ILCS 325/3) (from Ch. 111 1/2, par. 7403)
| ||||||
2 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
3 | context clearly
requires otherwise:
| ||||||
4 | (1) "Department" means the Department of Public Health.
| ||||||
5 | (2) "Local health authority" means the full-time official | ||||||
6 | health
department of board of health, as recognized by the | ||||||
7 | Department, having
jurisdiction over a particular area.
| ||||||
8 | (3) "Sexually transmissible disease" means a bacterial, | ||||||
9 | viral, fungal or
parasitic disease, determined by rule of the | ||||||
10 | Department to be sexually
transmissible, to be a threat to the | ||||||
11 | public health and welfare, and to be a
disease for which a | ||||||
12 | legitimate public interest will be served by providing
for | ||||||
13 | regulation and treatment. In considering which diseases are to | ||||||
14 | be
designated sexually transmissible diseases, the Department | ||||||
15 | shall consider
such diseases as chancroid, gonorrhea, | ||||||
16 | granuloma inguinale, lymphogranuloma
venereum, genital herpes | ||||||
17 | simplex, chlamydia, nongonococcal urethritis
(NGU), pelvic | ||||||
18 | inflammatory disease (PID)/Acute
Salpingitis, syphilis, | ||||||
19 | Acquired Immunodeficiency Syndrome (AIDS), and Human
| ||||||
20 | Immunodeficiency Virus (HIV) for designation, and shall | ||||||
21 | consider the
recommendations and classifications of the | ||||||
22 | Centers for Disease Control and
other nationally recognized | ||||||
23 | medical authorities. Not all diseases that are
sexually | ||||||
24 | transmissible need be designated for purposes of this Act.
| ||||||
25 | (4) "Health care professional" means a physician licensed | ||||||
26 | to practice medicine in all its branches, a licensed physician |
| |||||||
| |||||||
1 | assistant, or a licensed advanced practice registered nurse. | ||||||
2 | (5) "Expedited partner therapy" means to prescribe, | ||||||
3 | dispense, furnish, or otherwise provide prescription | ||||||
4 | antibiotic drugs to the partner or partners of persons | ||||||
5 | clinically diagnosed as infected with a sexually transmissible | ||||||
6 | disease, without physical examination of the partner or | ||||||
7 | partners. | ||||||
8 | (Source: P.A. 99-173, eff. 7-29-15.)
| ||||||
9 | (410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
| ||||||
10 | Sec. 4. Reporting required.
| ||||||
11 | (a) A physician licensed under the provisions of the | ||||||
12 | Medical Practice Act
of 1987, an advanced practice registered | ||||||
13 | nurse licensed under the provisions of the Nurse Practice Act, | ||||||
14 | or a physician assistant licensed under the provisions of the | ||||||
15 | Physician Assistant Practice Act of 1987
who makes a diagnosis | ||||||
16 | of or treats a person with a sexually
transmissible disease and | ||||||
17 | each laboratory that performs a test for a sexually
| ||||||
18 | transmissible disease which concludes with a positive result | ||||||
19 | shall report such
facts as may be required by the Department by | ||||||
20 | rule, within such time period as
the Department may require by | ||||||
21 | rule, but in no case to exceed 2 weeks.
| ||||||
22 | (b) The Department shall adopt rules specifying the | ||||||
23 | information
required in reporting a sexually transmissible | ||||||
24 | disease, the method of
reporting and specifying a minimum time | ||||||
25 | period for reporting. In adopting
such rules, the Department |
| |||||||
| |||||||
1 | shall consider the need for information,
protections for the | ||||||
2 | privacy and confidentiality of the patient, and the
practical | ||||||
3 | abilities of persons and laboratories to report in a reasonable
| ||||||
4 | fashion.
| ||||||
5 | (c) Any person who knowingly or maliciously disseminates | ||||||
6 | any false
information or report concerning the existence of any | ||||||
7 | sexually
transmissible disease under this Section is guilty of | ||||||
8 | a Class A misdemeanor.
| ||||||
9 | (d) Any person who violates the provisions of this Section | ||||||
10 | or the rules
adopted hereunder may be fined by the Department | ||||||
11 | up to $500 for each
violation. The Department shall report each | ||||||
12 | violation of this Section to
the regulatory agency responsible | ||||||
13 | for licensing a health care professional
or a laboratory to | ||||||
14 | which these provisions apply.
| ||||||
15 | (Source: P.A. 99-173, eff. 7-29-15.)
| ||||||
16 | (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
| ||||||
17 | Sec. 5.5. Risk assessment.
| ||||||
18 | (a) Whenever the Department receives a report of HIV | ||||||
19 | infection or AIDS
pursuant to this Act and the Department | ||||||
20 | determines that the subject of the
report may present or may | ||||||
21 | have presented a possible risk of HIV
transmission, the | ||||||
22 | Department shall, when medically appropriate, investigate
the | ||||||
23 | subject of the report and that person's contacts as defined in
| ||||||
24 | subsection (c), to assess the potential risks of transmission. | ||||||
25 | Any
investigation and action shall be conducted in a timely |
| |||||||
| |||||||
1 | fashion. All
contacts other than those defined in subsection | ||||||
2 | (c) shall be investigated
in accordance with Section 5 of this | ||||||
3 | Act.
| ||||||
4 | (b) If the Department determines that there is or may have | ||||||
5 | been
potential risks of HIV transmission from the subject of | ||||||
6 | the report to other
persons, the Department shall afford the | ||||||
7 | subject the opportunity to submit
any information and comment | ||||||
8 | on proposed actions the Department intends to
take with respect | ||||||
9 | to the subject's contacts who are at potential risk of
| ||||||
10 | transmission of HIV prior to notification of the subject's | ||||||
11 | contacts. The
Department shall also afford the subject of the | ||||||
12 | report the opportunity to
notify the subject's contacts in a | ||||||
13 | timely fashion who are at potential risk
of transmission of HIV | ||||||
14 | prior to the Department taking any steps to notify
such | ||||||
15 | contacts. If the subject declines to notify such contacts or if | ||||||
16 | the
Department determines the notices to be inadequate or | ||||||
17 | incomplete, the
Department shall endeavor to notify such other | ||||||
18 | persons of the potential
risk, and offer testing and counseling | ||||||
19 | services to these individuals. When
the contacts are notified, | ||||||
20 | they shall be informed of the disclosure
provisions of the AIDS | ||||||
21 | Confidentiality Act and the penalties therein and
this Section.
| ||||||
22 | (c) Contacts investigated under this Section shall in the | ||||||
23 | case of HIV
infection include (i) individuals who have | ||||||
24 | undergone invasive procedures
performed by an HIV infected | ||||||
25 | health care provider and (ii)
health care providers who have | ||||||
26 | performed invasive procedures for persons
infected with HIV, |
| |||||||
| |||||||
1 | provided the Department has determined that there is or
may | ||||||
2 | have been potential risk of HIV transmission from the health | ||||||
3 | care
provider to those individuals or from infected persons to | ||||||
4 | health care
providers. The Department shall have access to the | ||||||
5 | subject's records to
review for the identity of contacts. The | ||||||
6 | subject's records shall not be
copied or seized by the | ||||||
7 | Department.
| ||||||
8 | For purposes of this subsection, the term "invasive | ||||||
9 | procedures" means
those procedures termed invasive by the | ||||||
10 | Centers for Disease Control in
current guidelines or | ||||||
11 | recommendations for the prevention of HIV
transmission in | ||||||
12 | health care settings, and the term "health care provider"
means | ||||||
13 | any physician, dentist, podiatric physician, advanced practice | ||||||
14 | registered nurse, physician assistant, nurse, or other person | ||||||
15 | providing
health care services of any kind.
| ||||||
16 | (d) All information and records held by the Department and | ||||||
17 | local health
authorities pertaining to activities conducted | ||||||
18 | pursuant to this Section
shall be strictly confidential and | ||||||
19 | exempt from copying and inspection under
the Freedom of | ||||||
20 | Information Act. Such information and records shall not be
| ||||||
21 | released or made public by the Department or local health | ||||||
22 | authorities, and
shall not be admissible as evidence, nor | ||||||
23 | discoverable in any action of any
kind in any court or before | ||||||
24 | any tribunal, board, agency or person and shall
be treated in | ||||||
25 | the same manner as the information and those records subject
to | ||||||
26 | the provisions of Part 21 of Article VIII of the Code of Civil |
| |||||||
| |||||||
1 | Procedure except under
the following circumstances:
| ||||||
2 | (1) When made with the written consent of all persons | ||||||
3 | to whom this
information pertains;
| ||||||
4 | (2) When authorized under Section 8 to be released | ||||||
5 | under court order
or subpoena pursuant to Section 12-5.01 | ||||||
6 | or 12-16.2 of the Criminal Code of 1961 or the Criminal | ||||||
7 | Code of 2012; or
| ||||||
8 | (3) When made by the Department for the purpose of | ||||||
9 | seeking a warrant
authorized by Sections 6 and 7 of this | ||||||
10 | Act. Such disclosure shall conform
to the requirements of | ||||||
11 | subsection (a) of Section 8 of this Act.
| ||||||
12 | (e) Any person who knowingly or maliciously disseminates | ||||||
13 | any
information or report concerning the existence of any | ||||||
14 | disease under this
Section is guilty of a Class A misdemeanor.
| ||||||
15 | (Source: P.A. 98-214, eff. 8-9-13; 98-756, eff. 7-16-14; | ||||||
16 | 99-642, eff. 7-28-16.)
| ||||||
17 | Section 285. The Perinatal HIV Prevention Act is amended by | ||||||
18 | changing Section 5 as follows:
| ||||||
19 | (410 ILCS 335/5)
| ||||||
20 | Sec. 5. Definitions. In this Act:
| ||||||
21 | "Department" means the Department of Public Health.
| ||||||
22 | "Health care professional" means a physician licensed to | ||||||
23 | practice
medicine in all its branches, a licensed physician | ||||||
24 | assistant, or a licensed
advanced
practice registered nurse.
|
| |||||||
| |||||||
1 | "Health care facility" or "facility" means any hospital or | ||||||
2 | other
institution that is licensed or otherwise authorized to | ||||||
3 | deliver health care
services.
| ||||||
4 | "Health care services" means any prenatal medical care or | ||||||
5 | labor or
delivery services to a pregnant woman and her newborn | ||||||
6 | infant, including
hospitalization.
| ||||||
7 | (Source: P.A. 99-173, eff. 7-29-15.)
| ||||||
8 | Section 290. The Genetic Information Privacy Act is amended | ||||||
9 | by changing Section 10 as follows:
| ||||||
10 | (410 ILCS 513/10)
| ||||||
11 | Sec. 10. Definitions. As used in this Act:
| ||||||
12 | "Authority" means the Illinois Health Information Exchange | ||||||
13 | Authority established pursuant to the Illinois Health | ||||||
14 | Information Exchange and Technology Act. | ||||||
15 | "Business associate" has the meaning ascribed to it under | ||||||
16 | HIPAA, as specified in 45 CFR 160.103. | ||||||
17 | "Covered entity" has the meaning ascribed to it under | ||||||
18 | HIPAA, as specified in 45 CFR 160.103. | ||||||
19 | "De-identified information" means health information that | ||||||
20 | is not individually identifiable as described under HIPAA, as | ||||||
21 | specified in 45 CFR 164.514(b). | ||||||
22 | "Disclosure" has the meaning ascribed to it under HIPAA, as | ||||||
23 | specified in 45 CFR 160.103. | ||||||
24 | "Employer" means the State of Illinois, any unit of local |
| |||||||
| |||||||
1 | government, and any board, commission, department, | ||||||
2 | institution, or school district, any party to a public | ||||||
3 | contract, any joint apprenticeship or training committee | ||||||
4 | within the State, and every other person employing employees | ||||||
5 | within the State. | ||||||
6 | "Employment agency" means both public and private | ||||||
7 | employment agencies and any person, labor organization, or | ||||||
8 | labor union having a hiring hall or hiring office regularly | ||||||
9 | undertaking, with or without compensation, to procure | ||||||
10 | opportunities to work, or to procure, recruit, refer, or place | ||||||
11 | employees. | ||||||
12 | "Family member" means, with respect to an individual, (i) | ||||||
13 | the spouse of the individual; (ii) a dependent child of the | ||||||
14 | individual, including a child who is born to or placed for | ||||||
15 | adoption with the individual; (iii) any other person qualifying | ||||||
16 | as a covered dependent under a managed care plan; and (iv) all | ||||||
17 | other individuals related by blood or law to the individual or | ||||||
18 | the spouse or child described in subsections (i) through (iii) | ||||||
19 | of this definition. | ||||||
20 | "Genetic information" has the meaning ascribed to it under | ||||||
21 | HIPAA, as specified in 45 CFR 160.103. | ||||||
22 | "Genetic monitoring" means the periodic examination of | ||||||
23 | employees to evaluate acquired modifications to their genetic | ||||||
24 | material, such as chromosomal damage or evidence of increased | ||||||
25 | occurrence of mutations that may have developed in the course | ||||||
26 | of employment due to exposure to toxic substances in the |
| |||||||
| |||||||
1 | workplace in order to identify, evaluate, and respond to | ||||||
2 | effects of or control adverse environmental exposures in the | ||||||
3 | workplace. | ||||||
4 | "Genetic services" has the meaning ascribed to it under | ||||||
5 | HIPAA, as specified in 45 CFR 160.103. | ||||||
6 | "Genetic testing" and "genetic test" have the meaning | ||||||
7 | ascribed to "genetic test" under HIPAA, as specified in 45 CFR | ||||||
8 | 160.103. | ||||||
9 | "Health care operations" has the meaning ascribed to it | ||||||
10 | under HIPAA, as specified in 45 CFR 164.501. | ||||||
11 | "Health care professional" means (i) a licensed physician, | ||||||
12 | (ii) a licensed physician assistant, (iii) a licensed advanced | ||||||
13 | practice registered nurse, (iv) a licensed dentist, (v) a | ||||||
14 | licensed podiatrist, (vi) a licensed genetic counselor, or | ||||||
15 | (vii) an individual certified to provide genetic testing by a | ||||||
16 | state or local public health department. | ||||||
17 | "Health care provider" has the meaning ascribed to it under | ||||||
18 | HIPAA, as specified in 45 CFR 160.103. | ||||||
19 | "Health facility" means a hospital, blood bank, blood | ||||||
20 | center, sperm bank, or other health care institution, including | ||||||
21 | any "health facility" as that term is defined in the Illinois | ||||||
22 | Finance Authority Act. | ||||||
23 | "Health information exchange" or "HIE" means a health | ||||||
24 | information exchange or health information organization that | ||||||
25 | exchanges health information electronically that (i) is | ||||||
26 | established pursuant to the Illinois Health Information |
| |||||||
| |||||||
1 | Exchange and Technology Act, or any subsequent amendments | ||||||
2 | thereto, and any administrative rules promulgated thereunder; | ||||||
3 | (ii) has established a data sharing arrangement with the | ||||||
4 | Authority; or (iii) as of August 16, 2013, was designated by | ||||||
5 | the Authority Board as a member of, or was represented on, the | ||||||
6 | Authority Board's Regional Health Information Exchange | ||||||
7 | Workgroup; provided that such designation
shall not require the | ||||||
8 | establishment of a data sharing arrangement or other | ||||||
9 | participation with the Illinois Health
Information Exchange or | ||||||
10 | the payment of any fee. In certain circumstances, in accordance | ||||||
11 | with HIPAA, an HIE will be a business associate. | ||||||
12 | "Health oversight agency" has the meaning ascribed to it | ||||||
13 | under HIPAA, as specified in 45 CFR 164.501. | ||||||
14 | "HIPAA" means the Health Insurance Portability and | ||||||
15 | Accountability Act of 1996, Public Law 104-191, as amended by | ||||||
16 | the Health Information Technology for Economic and Clinical | ||||||
17 | Health Act of 2009, Public Law 111-05, and any subsequent | ||||||
18 | amendments thereto and any regulations promulgated thereunder.
| ||||||
19 | "Insurer" means (i) an entity that is subject to the | ||||||
20 | jurisdiction of the Director of Insurance and (ii) a
managed | ||||||
21 | care plan.
| ||||||
22 | "Labor organization" includes any organization, labor | ||||||
23 | union, craft union, or any voluntary unincorporated | ||||||
24 | association designed to further the cause of the rights of | ||||||
25 | union labor that is constituted for the purpose, in whole or in | ||||||
26 | part, of collective bargaining or of dealing with employers |
| |||||||
| |||||||
1 | concerning grievances, terms or conditions of employment, or | ||||||
2 | apprenticeships or applications for apprenticeships, or of | ||||||
3 | other mutual aid or protection in connection with employment, | ||||||
4 | including apprenticeships or applications for apprenticeships. | ||||||
5 | "Licensing agency" means a board, commission, committee, | ||||||
6 | council, department, or officers, except a judicial officer, in | ||||||
7 | this State or any political subdivision authorized to grant, | ||||||
8 | deny, renew, revoke, suspend, annul, withdraw, or amend a | ||||||
9 | license or certificate of registration. | ||||||
10 | "Limited data set" has the meaning ascribed to it under | ||||||
11 | HIPAA, as described in 45 CFR 164.514(e)(2). | ||||||
12 | "Managed care plan" means a plan that establishes, | ||||||
13 | operates, or maintains a
network of health care providers that | ||||||
14 | have entered into agreements with the
plan to provide health | ||||||
15 | care services to enrollees where the plan has the
ultimate and | ||||||
16 | direct contractual obligation to the enrollee to arrange for | ||||||
17 | the
provision of or pay for services
through:
| ||||||
18 | (1) organizational arrangements for ongoing quality | ||||||
19 | assurance,
utilization review programs, or dispute | ||||||
20 | resolution; or
| ||||||
21 | (2) financial incentives for persons enrolled in the | ||||||
22 | plan to use the
participating providers and procedures | ||||||
23 | covered by the plan.
| ||||||
24 | A managed care plan may be established or operated by any | ||||||
25 | entity including
a licensed insurance company, hospital or | ||||||
26 | medical service plan, health
maintenance organization, limited |
| |||||||
| |||||||
1 | health service organization, preferred
provider organization, | ||||||
2 | third party administrator, or an employer or employee
| ||||||
3 | organization.
| ||||||
4 | "Minimum necessary" means HIPAA's standard for using, | ||||||
5 | disclosing, and requesting protected health information found | ||||||
6 | in 45 CFR 164.502(b) and 164.514(d). | ||||||
7 | "Nontherapeutic purpose" means a purpose that is not | ||||||
8 | intended to improve or preserve the life or health of the | ||||||
9 | individual whom the information concerns. | ||||||
10 | "Organized health care arrangement" has the meaning | ||||||
11 | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||||||
12 | "Patient safety activities" has the meaning ascribed to it | ||||||
13 | under 42 CFR 3.20. | ||||||
14 | "Payment" has the meaning ascribed to it under HIPAA, as | ||||||
15 | specified in 45 CFR 164.501. | ||||||
16 | "Person" includes any natural person, partnership, | ||||||
17 | association, joint venture, trust, governmental entity, public | ||||||
18 | or private corporation, health facility, or other legal entity. | ||||||
19 | "Protected health information" has the meaning ascribed to | ||||||
20 | it under HIPAA, as specified in 45 CFR 164.103. | ||||||
21 | "Research" has the meaning ascribed to it under HIPAA, as | ||||||
22 | specified in 45 CFR 164.501. | ||||||
23 | "State agency" means an instrumentality of the State of | ||||||
24 | Illinois and any instrumentality of another state which | ||||||
25 | pursuant to applicable law or a written undertaking with an | ||||||
26 | instrumentality of the State of Illinois is bound to protect |
| |||||||
| |||||||
1 | the privacy of genetic information of Illinois persons. | ||||||
2 | "Treatment" has the meaning ascribed to it under HIPAA, as | ||||||
3 | specified in 45 CFR 164.501. | ||||||
4 | "Use" has the meaning ascribed to it under HIPAA, as | ||||||
5 | specified in 45 CFR 160.103, where context dictates. | ||||||
6 | (Source: P.A. 98-1046, eff. 1-1-15; 99-173, eff. 7-29-15.)
| ||||||
7 | Section 295. The Home Health and Hospice Drug Dispensation | ||||||
8 | and Administration Act is amended by changing Section 10 as | ||||||
9 | follows: | ||||||
10 | (410 ILCS 642/10)
| ||||||
11 | Sec. 10. Definitions. In this Act: | ||||||
12 | "Authorized nursing employee" means a registered nurse or | ||||||
13 | advanced practice registered nurse, as defined in the Nurse | ||||||
14 | Practice Act, who is employed by a home health agency or | ||||||
15 | hospice licensed in this State. | ||||||
16 | "Health care professional" means a physician licensed to | ||||||
17 | practice medicine in all its branches, a licensed advanced | ||||||
18 | practice registered nurse, or a licensed physician assistant. | ||||||
19 | "Home health agency" has the meaning ascribed to it in | ||||||
20 | Section 2.04 of the Home Health, Home Services, and Home | ||||||
21 | Nursing Agency Licensing Act.
| ||||||
22 | "Hospice" means a full hospice, as defined in Section 3 of | ||||||
23 | the Hospice Program Licensing Act. | ||||||
24 | "Physician" means a physician licensed under the Medical |
| |||||||
| |||||||
1 | Practice Act of 1987 to practice medicine in all its branches.
| ||||||
2 | (Source: P.A. 99-173, eff. 7-29-15.) | ||||||
3 | Section 300. The Radiation Protection Act of 1990 is | ||||||
4 | amended by changing Sections 5 and 6 as follows:
| ||||||
5 | (420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
7 | Sec. 5. Limitations on application of radiation to human | ||||||
8 | beings and
requirements for radiation installation operators | ||||||
9 | providing mammography
services. | ||||||
10 | (a) No person shall intentionally administer radiation to a | ||||||
11 | human being
unless such person is licensed to practice a | ||||||
12 | treatment of human ailments by
virtue of the Illinois Medical, | ||||||
13 | Dental or Podiatric Medical Practice Acts,
or, as physician | ||||||
14 | assistant, advanced practice registered nurse, technician, | ||||||
15 | nurse,
or other assistant, is
acting under the
supervision, | ||||||
16 | prescription or direction of such licensed person. However,
no | ||||||
17 | such physician assistant, advanced practice registered nurse, | ||||||
18 | technician,
nurse, or other assistant
acting under the | ||||||
19 | supervision
of a person licensed under the Medical Practice Act | ||||||
20 | of 1987, shall
administer radiation to human beings unless | ||||||
21 | accredited by the Agency, except that persons enrolled in a | ||||||
22 | course of education
approved by the Agency may apply ionizing | ||||||
23 | radiation
to human beings as required by their course of study | ||||||
24 | when under the direct
supervision of a person licensed under |
| |||||||
| |||||||
1 | the Medical Practice Act of 1987.
No person authorized by this | ||||||
2 | Section to apply ionizing radiation shall apply
such radiation | ||||||
3 | except to those parts of the human body specified in the Act
| ||||||
4 | under which such person or his supervisor is licensed.
No | ||||||
5 | person may operate a radiation installation where ionizing | ||||||
6 | radiation is
administered to human beings unless all persons | ||||||
7 | who administer ionizing
radiation in that radiation | ||||||
8 | installation are licensed, accredited, or
exempted in | ||||||
9 | accordance with this Section. Nothing in this Section shall be
| ||||||
10 | deemed to relieve a person from complying with the provisions | ||||||
11 | of Section 10.
| ||||||
12 | (b) In addition, no person shall provide mammography | ||||||
13 | services unless
all of the following requirements are met:
| ||||||
14 | (1) the mammography procedures are performed using a | ||||||
15 | radiation machine
that is specifically designed for | ||||||
16 | mammography;
| ||||||
17 | (2) the mammography procedures are performed using a | ||||||
18 | radiation machine
that is used solely for performing | ||||||
19 | mammography procedures;
| ||||||
20 | (3) the mammography procedures are performed using | ||||||
21 | equipment that has
been subjected to a quality assurance | ||||||
22 | program that satisfies quality
assurance requirements | ||||||
23 | which the Agency shall establish by rule;
| ||||||
24 | (4) beginning one year after the effective date of this | ||||||
25 | amendatory Act
of 1991, if the mammography procedure is | ||||||
26 | performed by a radiologic
technologist, that technologist, |
| |||||||
| |||||||
1 | in addition to being accredited by the
Agency to perform | ||||||
2 | radiography, has satisfied training requirements
specific | ||||||
3 | to mammography, which the Agency shall establish by rule.
| ||||||
4 | (c) Every operator of a radiation installation at which | ||||||
5 | mammography
services are provided shall ensure and have | ||||||
6 | confirmed by each mammography
patient that the patient is | ||||||
7 | provided with a pamphlet which is orally reviewed
with the | ||||||
8 | patient and which contains the following:
| ||||||
9 | (1) how to perform breast self-examination;
| ||||||
10 | (2) that early detection of breast cancer is maximized | ||||||
11 | through a combined
approach, using monthly breast | ||||||
12 | self-examination, a thorough physical
examination | ||||||
13 | performed by a physician, and mammography performed at | ||||||
14 | recommended
intervals;
| ||||||
15 | (3) that mammography is the most accurate method for | ||||||
16 | making an early
detection of breast cancer, however, no | ||||||
17 | diagnostic tool is 100% effective;
| ||||||
18 | (4) that if the patient is self-referred and does not | ||||||
19 | have a primary care
physician, or if the patient is | ||||||
20 | unfamiliar with the breast examination
procedures, that | ||||||
21 | the patient has received information regarding public | ||||||
22 | health
services where she can obtain a breast examination | ||||||
23 | and instructions.
| ||||||
24 | (Source: P.A. 93-149, eff. 7-10-03; 94-104, eff. 7-1-05 .)
| ||||||
25 | (420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
2 | Sec. 6. Accreditation of administrators of radiation; | ||||||
3 | Limited scope
accreditation; Rules and regulations; Education. | ||||||
4 | (a) The Agency shall promulgate such rules and regulations | ||||||
5 | as are
necessary to establish accreditation standards and | ||||||
6 | procedures, including a
minimum course of education and | ||||||
7 | continuing education requirements in the
administration of | ||||||
8 | radiation to human beings, which are appropriate to the
| ||||||
9 | classification of accreditation and which are to be met by all | ||||||
10 | physician
assistants, advanced practice registered nurses, | ||||||
11 | nurses,
technicians, or other assistants who administer | ||||||
12 | radiation to human beings
under the supervision of a person | ||||||
13 | licensed under the Medical Practice Act
of 1987. Such rules and | ||||||
14 | regulations may provide for different classes of
accreditation | ||||||
15 | based on evidence of national certification, clinical
| ||||||
16 | experience or community hardship as conditions of initial and | ||||||
17 | continuing
accreditation. The rules and regulations of the | ||||||
18 | Agency shall be
consistent with national standards in regard to | ||||||
19 | the protection of the
health and safety of the general public.
| ||||||
20 | (b) The rules and regulations shall also provide that
| ||||||
21 | persons who have been accredited by the Agency, in accordance | ||||||
22 | with the
Radiation Protection Act, without passing an | ||||||
23 | examination, will remain
accredited as provided in Section 43 | ||||||
24 | of this Act and that those persons may
be accredited, without | ||||||
25 | passing an examination, to use other equipment,
procedures, or | ||||||
26 | supervision within the original category of accreditation if
|
| |||||||
| |||||||
1 | the Agency receives written assurances from a person licensed | ||||||
2 | under the
Medical Practice Act of 1987, that the person | ||||||
3 | accredited has
the necessary
skill and qualifications for such | ||||||
4 | additional equipment procedures or
supervision. The Agency | ||||||
5 | shall, in accordance with subsection (c) of
this Section, | ||||||
6 | provide for the accreditation of nurses, technicians, or
other | ||||||
7 | assistants, unless exempted elsewhere in this Act, to perform a
| ||||||
8 | limited scope of diagnostic radiography procedures of the | ||||||
9 | chest, the
extremities, skull and sinuses, or the spine, while | ||||||
10 | under the
supervision of a person licensed under the Medical | ||||||
11 | Practice Act of 1987.
| ||||||
12 | (c) The rules or regulations promulgated by the Agency | ||||||
13 | pursuant to
subsection (a) shall establish standards and | ||||||
14 | procedures for accrediting
persons to perform a limited scope | ||||||
15 | of diagnostic radiography procedures.
The rules or regulations | ||||||
16 | shall require persons seeking limited scope
accreditation to | ||||||
17 | register with the Agency as a "student-in-training,"
and | ||||||
18 | declare those procedures in which the student will be receiving
| ||||||
19 | training. The student-in-training registration shall be valid | ||||||
20 | for a period
of 16 months, during which the time the student | ||||||
21 | may, under the supervision
of a person licensed under the | ||||||
22 | Medical Practice Act of 1987, perform the
diagnostic | ||||||
23 | radiography procedures listed on the student's registration.
| ||||||
24 | The student-in-training registration shall be nonrenewable.
| ||||||
25 | Upon expiration of the 16 month training period, the | ||||||
26 | student shall be
prohibited from performing diagnostic |
| |||||||
| |||||||
1 | radiography procedures unless
accredited by the Agency to | ||||||
2 | perform such procedures. In order to be
accredited to perform a | ||||||
3 | limited scope of diagnostic radiography procedures,
an | ||||||
4 | individual must pass an examination offered by the Agency. The
| ||||||
5 | examination shall be consistent with national standards in | ||||||
6 | regard to
protection of public health and safety. The | ||||||
7 | examination shall consist of a
standardized component covering | ||||||
8 | general principles applicable to diagnostic
radiography | ||||||
9 | procedures and a clinical component specific to the types of
| ||||||
10 | procedures for which accreditation is being sought. The Agency | ||||||
11 | may
assess a reasonable fee for such examinations to cover the | ||||||
12 | costs incurred
by the Agency in conjunction with offering the | ||||||
13 | examinations.
| ||||||
14 | (d) The Agency shall by rule or regulation exempt from | ||||||
15 | accreditation
physician assistants, advanced practice | ||||||
16 | registered nurses, nurses, technicians, or
other assistants | ||||||
17 | who
administer radiation to human
beings under supervision of a | ||||||
18 | person licensed to practice under the Medical
Practice Act of | ||||||
19 | 1987 when the services are performed on employees of a
business | ||||||
20 | at a medical facility owned and operated by the business. Such
| ||||||
21 | exemption shall only apply to the equipment, procedures and | ||||||
22 | supervision
specific to the medical facility owned and operated | ||||||
23 | by the business.
| ||||||
24 | (Source: P.A. 94-104, eff. 7-1-05; 95-777, eff. 8-4-08 .)
| ||||||
25 | Section 305. The Illinois Vehicle Code is amended by |
| |||||||
| |||||||
1 | changing Sections 1-159.1, 3-609, 3-616, 6-103, 6-106.1, | ||||||
2 | 6-106.1a, 6-901, 11-501.01, 11-501.2, 11-501.6, 11-501.8, | ||||||
3 | 11-1301.2, and 11-1301.5 as follows:
| ||||||
4 | (625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)
| ||||||
5 | Sec. 1-159.1. Person with disabilities. A natural person | ||||||
6 | who, as determined by a licensed physician, by a licensed | ||||||
7 | physician
assistant, or by a licensed advanced practice | ||||||
8 | registered nurse: (1) cannot walk
without the use of, or
| ||||||
9 | assistance from, a brace, cane, crutch, another person, | ||||||
10 | prosthetic device,
wheelchair, or other assistive device; (2) | ||||||
11 | is restricted by lung
disease to
such an extent that his or her | ||||||
12 | forced (respiratory) expiratory volume for one
second, when | ||||||
13 | measured by spirometry, is less than one liter, or the arterial
| ||||||
14 | oxygen tension is less than 60 mm/hg on room air at rest; (3) | ||||||
15 | uses
portable
oxygen; (4) has a cardiac condition to the extent | ||||||
16 | that the person's
functional
limitations are classified in | ||||||
17 | severity as Class III or Class IV,
according to standards set | ||||||
18 | by the American Heart Association; (5) is
severely limited in | ||||||
19 | the person's ability to walk due to an arthritic,
neurological, | ||||||
20 | oncological, or orthopedic condition; (6) cannot walk 200 feet | ||||||
21 | without
stopping to rest because of one of the above 5 | ||||||
22 | conditions; or (7) is missing a hand or arm or has permanently | ||||||
23 | lost the use of a hand or arm.
| ||||||
24 | (Source: P.A. 98-405, eff. 1-1-14; 99-173, eff. 7-29-15.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
| ||||||
2 | Sec. 3-609. Plates for Veterans with Disabilities. | ||||||
3 | (a) Any veteran who holds proof of a service-connected | ||||||
4 | disability from the United States Department of Veterans | ||||||
5 | Affairs, and who has obtained certification from a licensed | ||||||
6 | physician, physician assistant, or advanced practice | ||||||
7 | registered nurse that the service-connected disability | ||||||
8 | qualifies the veteran for issuance of registration plates or | ||||||
9 | decals to a person with disabilities in accordance with Section | ||||||
10 | 3-616, may, without the payment of any registration fee, make | ||||||
11 | application to the Secretary of State for license plates for | ||||||
12 | veterans with disabilities displaying the international symbol | ||||||
13 | of access, for the registration of one motor vehicle of the | ||||||
14 | first division or one motor vehicle of the second division | ||||||
15 | weighing not more than 8,000 pounds. | ||||||
16 | (b) Any veteran who holds proof of a service-connected | ||||||
17 | disability from the United States Department of Veterans | ||||||
18 | Affairs, and whose degree of disability has been declared to be | ||||||
19 | 50% or more, but whose disability does not qualify the veteran | ||||||
20 | for a plate or decal for persons with disabilities under | ||||||
21 | Section 3-616, may, without the payment of any registration | ||||||
22 | fee, make application to the Secretary for a special | ||||||
23 | registration plate without the international symbol of access | ||||||
24 | for the registration of one motor vehicle of the first division | ||||||
25 | or one motor vehicle of the second division weighing not more | ||||||
26 | than 8,000 pounds.
|
| |||||||
| |||||||
1 | (c) Renewal of such registration must be accompanied with | ||||||
2 | documentation
for eligibility of registration without fee | ||||||
3 | unless the applicant has a
permanent qualifying disability, and | ||||||
4 | such registration plates may not be
issued to any person not | ||||||
5 | eligible therefor. The Illinois Department of Veterans' | ||||||
6 | Affairs may assist in providing the
documentation of | ||||||
7 | disability.
| ||||||
8 | (d) The design and color of the plates shall be within the | ||||||
9 | discretion of the Secretary, except that the plates issued | ||||||
10 | under subsection (b) of this Section shall not contain the | ||||||
11 | international symbol of access. The Secretary may, in his or | ||||||
12 | her discretion, allow the plates to be issued as vanity or | ||||||
13 | personalized plates in accordance with Section 3-405.1 of this | ||||||
14 | Code. Registration shall be for a multi-year period and may be | ||||||
15 | issued staggered registration. | ||||||
16 | (e) Any person eligible to receive license plates under | ||||||
17 | this Section who has been approved for benefits under the | ||||||
18 | Senior Citizens and Persons with Disabilities Property Tax | ||||||
19 | Relief Act, or who has claimed and received a grant under that | ||||||
20 | Act, shall pay a fee of $24 instead of the fee otherwise | ||||||
21 | provided in this Code for passenger cars displaying standard | ||||||
22 | multi-year registration plates issued under Section 3-414.1, | ||||||
23 | for motor vehicles registered at 8,000 pounds or less under | ||||||
24 | Section 3-815(a), or for recreational vehicles registered at | ||||||
25 | 8,000 pounds or less under Section 3-815(b), for a second set | ||||||
26 | of plates under this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
| ||||||
2 | (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
| ||||||
3 | Sec. 3-616. Disability license plates.
| ||||||
4 | (a) Upon receiving an application for a certificate of | ||||||
5 | registration for
a motor vehicle of the first division or for a | ||||||
6 | motor vehicle of the second
division weighing no more than | ||||||
7 | 8,000 pounds, accompanied with payment of the
registration fees | ||||||
8 | required under this Code from a person with disabilities or
a | ||||||
9 | person who is deaf or hard of hearing, the Secretary of State,
| ||||||
10 | if so requested, shall issue to such person registration plates | ||||||
11 | as provided for
in Section 3-611, provided that the person with | ||||||
12 | disabilities or person who is
deaf or hard of hearing must not | ||||||
13 | be disqualified from obtaining a driver's
license under | ||||||
14 | subsection 8 of Section 6-103 of this Code, and further | ||||||
15 | provided
that any person making such a request must submit a | ||||||
16 | statement, certified by
a
licensed physician, by a licensed | ||||||
17 | physician assistant, or by a licensed
advanced practice | ||||||
18 | registered nurse, to
the effect that such person is a person | ||||||
19 | with disabilities
as defined by Section 1-159.1 of this Code, | ||||||
20 | or alternatively provide adequate
documentation that such | ||||||
21 | person has a Class 1A, Class 2A or Type Four
disability under | ||||||
22 | the provisions of Section 4A of the Illinois Identification
| ||||||
23 | Card Act. For purposes of this Section, an Illinois Person
with | ||||||
24 | a Disability Identification Card issued pursuant to the | ||||||
25 | Illinois Identification Card Act
indicating that the person |
| |||||||
| |||||||
1 | thereon named has a disability shall be adequate
documentation | ||||||
2 | of such a disability.
| ||||||
3 | (b) The Secretary shall issue plates under this Section to | ||||||
4 | a parent or
legal guardian of a person with disabilities if the | ||||||
5 | person with disabilities
has a Class 1A or Class 2A disability | ||||||
6 | as defined in Section 4A of the Illinois
Identification Card | ||||||
7 | Act or is a person with disabilities as defined by Section
| ||||||
8 | 1-159.1 of this Code, and does not possess a vehicle registered | ||||||
9 | in his or her
name, provided that the person with disabilities | ||||||
10 | relies frequently on the
parent or legal guardian for | ||||||
11 | transportation. Only one vehicle per family
may be registered | ||||||
12 | under this subsection, unless the applicant can justify in
| ||||||
13 | writing the need for one additional set of plates. Any person | ||||||
14 | requesting
special plates under this subsection shall submit | ||||||
15 | such documentation or such
physician's, physician assistant's, | ||||||
16 | or advanced practice registered nurse's
statement as is | ||||||
17 | required in subsection
(a) and a statement
describing the | ||||||
18 | circumstances qualifying for issuance of special plates under
| ||||||
19 | this subsection. An optometrist may certify a Class 2A Visual | ||||||
20 | Disability, as defined in Section 4A of the Illinois | ||||||
21 | Identification Card Act, for the purpose of qualifying a person | ||||||
22 | with disabilities for special plates under this subsection.
| ||||||
23 | (c) The Secretary may issue a
parking decal or
device to a | ||||||
24 | person with disabilities as defined by Section 1-159.1 without
| ||||||
25 | regard to qualification of such person with disabilities for a | ||||||
26 | driver's license
or registration of a vehicle by such person |
| |||||||
| |||||||
1 | with disabilities or such person's
immediate family, provided | ||||||
2 | such person with disabilities making such a request
has been | ||||||
3 | issued an Illinois Person with a Disability Identification Card | ||||||
4 | indicating that the
person named thereon has a Class 1A or | ||||||
5 | Class 2A disability, or alternatively,
submits a statement | ||||||
6 | certified by a licensed physician, or by a licensed physician
| ||||||
7 | assistant or a licensed advanced practice registered nurse as | ||||||
8 | provided in subsection (a), to
the effect that such
person is a | ||||||
9 | person with disabilities as defined by Section 1-159.1. An | ||||||
10 | optometrist may certify a Class 2A Visual Disability as defined | ||||||
11 | in Section 4A of the Illinois Identification Card Act for the | ||||||
12 | purpose of qualifying a person with disabilities for a parking | ||||||
13 | decal or device under this subsection.
| ||||||
14 | (d) The Secretary shall prescribe by rules and regulations | ||||||
15 | procedures
to certify or re-certify as necessary the | ||||||
16 | eligibility of persons whose
disabilities are other than | ||||||
17 | permanent for special plates or
parking decals or devices | ||||||
18 | issued under subsections (a), (b)
and (c). Except as provided | ||||||
19 | under subsection (f) of this Section, no
such special plates, | ||||||
20 | decals or devices shall be issued by the Secretary of
State to | ||||||
21 | or on behalf of any person with disabilities unless such person | ||||||
22 | is
certified as meeting the definition of a person with | ||||||
23 | disabilities pursuant to
Section 1-159.1 or meeting the | ||||||
24 | requirement of a Type Four disability as
provided under Section | ||||||
25 | 4A of the Illinois Identification Card Act for the
period of | ||||||
26 | time that the physician, or the physician assistant or advanced
|
| |||||||
| |||||||
1 | practice registered nurse as provided in
subsection (a), | ||||||
2 | determines the applicant will have the
disability, but not to | ||||||
3 | exceed 6 months from the date of certification or
| ||||||
4 | recertification.
| ||||||
5 | (e) Any person requesting special plates under this Section | ||||||
6 | may also apply
to have the special plates personalized, as | ||||||
7 | provided under Section 3-405.1.
| ||||||
8 | (f) The Secretary of State, upon application, shall issue | ||||||
9 | disability registration plates or a parking decal to
| ||||||
10 | corporations, school districts, State or municipal agencies, | ||||||
11 | limited liability
companies, nursing homes, convalescent | ||||||
12 | homes, or special education cooperatives
which will transport | ||||||
13 | persons with disabilities. The Secretary shall prescribe
by | ||||||
14 | rule a means to certify or re-certify the eligibility of | ||||||
15 | organizations to
receive disability plates or decals and to | ||||||
16 | designate which of the
2 person with disabilities emblems shall | ||||||
17 | be placed on qualifying
vehicles.
| ||||||
18 | (g) The Secretary of State, or his designee, may enter into
| ||||||
19 | agreements with other jurisdictions, including foreign | ||||||
20 | jurisdictions, on
behalf of this State relating to the | ||||||
21 | extension of parking privileges by
such jurisdictions to | ||||||
22 | residents of this State with disabilities who
display a special | ||||||
23 | license plate or parking device that contains the
International | ||||||
24 | symbol of access on his or her motor vehicle, and to
recognize | ||||||
25 | such plates or devices issued by such other jurisdictions. This
| ||||||
26 | State shall grant the same parking privileges which are granted |
| |||||||
| |||||||
1 | to
residents of this State with disabilities to any | ||||||
2 | non-resident whose motor vehicle is licensed
in another state, | ||||||
3 | district, territory or foreign country if such vehicle
displays | ||||||
4 | the international symbol of access or a distinguishing insignia | ||||||
5 | on
license plates or parking device issued in accordance with | ||||||
6 | the laws of the
non-resident's state, district, territory or | ||||||
7 | foreign country.
| ||||||
8 | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | ||||||
9 | 99-642, eff. 7-28-16.)
| ||||||
10 | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| ||||||
11 | Sec. 6-103. What persons shall not be licensed as drivers | ||||||
12 | or granted
permits. The Secretary of State shall not issue, | ||||||
13 | renew, or
allow the retention of any driver's
license nor issue | ||||||
14 | any permit under this Code:
| ||||||
15 | 1. To any person, as a driver, who is under the age of | ||||||
16 | 18 years except
as provided in Section 6-107, and except | ||||||
17 | that an instruction permit may be
issued under Section | ||||||
18 | 6-107.1 to a child who
is not less than 15 years of age if | ||||||
19 | the child is enrolled in an approved
driver education | ||||||
20 | course as defined in Section 1-103 of this Code and
| ||||||
21 | requires an instruction permit to participate therein, | ||||||
22 | except that an
instruction permit may be issued under the | ||||||
23 | provisions of Section 6-107.1
to a child who is 17 years | ||||||
24 | and 3 months of age without the child having
enrolled in an
| ||||||
25 | approved driver education course and except that an
|
| |||||||
| |||||||
1 | instruction permit may be issued to a child who is at least | ||||||
2 | 15 years and 3
months of age, is enrolled in school, meets | ||||||
3 | the educational requirements of
the Driver Education Act, | ||||||
4 | and has passed examinations the Secretary of State in
his | ||||||
5 | or her discretion may prescribe;
| ||||||
6 | 1.5. To any person at least 18 years of age but less | ||||||
7 | than 21 years of age unless the person has, in addition to | ||||||
8 | any other requirements of this Code, successfully | ||||||
9 | completed an adult driver education course as provided in | ||||||
10 | Section 6-107.5 of this Code; | ||||||
11 | 2. To any person who is under the age of 18 as an | ||||||
12 | operator of a motorcycle
other than a motor driven cycle | ||||||
13 | unless the person has, in addition to
meeting the | ||||||
14 | provisions of Section 6-107 of this Code, successfully
| ||||||
15 | completed a motorcycle
training course approved by the | ||||||
16 | Illinois Department of Transportation and
successfully | ||||||
17 | completes the required Secretary of State's motorcycle | ||||||
18 | driver's
examination;
| ||||||
19 | 3. To any person, as a driver, whose driver's license | ||||||
20 | or permit has been
suspended, during the suspension, nor to | ||||||
21 | any person whose driver's license or
permit has been | ||||||
22 | revoked, except as provided in Sections 6-205, 6-206, and
| ||||||
23 | 6-208;
| ||||||
24 | 4. To any person, as a driver, who is a user of alcohol | ||||||
25 | or any other
drug to a degree that renders the person | ||||||
26 | incapable of safely driving a motor
vehicle;
|
| |||||||
| |||||||
1 | 5. To any person, as a driver, who has previously been | ||||||
2 | adjudged to be
afflicted with or suffering from any mental | ||||||
3 | or physical disability or disease
and who has not at the | ||||||
4 | time of application been restored to competency by the
| ||||||
5 | methods provided by law;
| ||||||
6 | 6. To any person, as a driver, who is required by the | ||||||
7 | Secretary of State
to submit an alcohol and drug evaluation | ||||||
8 | or take an examination provided
for in this Code unless the | ||||||
9 | person has
successfully passed the examination and | ||||||
10 | submitted any required evaluation;
| ||||||
11 | 7. To any person who is required under the provisions | ||||||
12 | of the laws of
this State to deposit security or proof of | ||||||
13 | financial responsibility and who
has not deposited the | ||||||
14 | security or proof;
| ||||||
15 | 8. To any person when the Secretary of State has good | ||||||
16 | cause to believe
that the person by reason of physical or | ||||||
17 | mental disability would not be
able to safely operate a | ||||||
18 | motor vehicle upon the highways, unless the
person shall | ||||||
19 | furnish to the Secretary of State a verified written
| ||||||
20 | statement, acceptable to the Secretary of State, from a | ||||||
21 | competent medical
specialist, a licensed physician | ||||||
22 | assistant, or a licensed advanced practice registered | ||||||
23 | nurse, to the effect that the operation of a motor vehicle | ||||||
24 | by the
person would not be inimical to the public safety;
| ||||||
25 | 9. To any person, as a driver, who is 69 years of age | ||||||
26 | or older, unless
the person has successfully complied with |
| |||||||
| |||||||
1 | the provisions of Section 6-109;
| ||||||
2 | 10. To any person convicted, within 12 months of | ||||||
3 | application for a
license, of any of the sexual offenses | ||||||
4 | enumerated in paragraph 2 of subsection
(b) of Section | ||||||
5 | 6-205;
| ||||||
6 | 11. To any person who is under the age of 21 years with | ||||||
7 | a classification
prohibited in paragraph (b) of Section | ||||||
8 | 6-104 and to any person who is under
the age of 18 years | ||||||
9 | with a classification prohibited in paragraph (c) of
| ||||||
10 | Section 6-104;
| ||||||
11 | 12. To any person who has been either convicted of or | ||||||
12 | adjudicated under
the Juvenile Court Act of 1987 based upon | ||||||
13 | a violation of the Cannabis Control
Act, the Illinois | ||||||
14 | Controlled Substances Act, or the Methamphetamine Control | ||||||
15 | and Community Protection Act while that person was in | ||||||
16 | actual
physical control of a motor vehicle. For purposes of | ||||||
17 | this Section, any person
placed on probation under Section | ||||||
18 | 10 of the Cannabis Control Act, Section 410
of the Illinois | ||||||
19 | Controlled Substances Act, or Section 70 of the | ||||||
20 | Methamphetamine Control and Community Protection Act shall | ||||||
21 | not be considered convicted.
Any person found guilty of | ||||||
22 | this offense, while in actual physical control of a
motor | ||||||
23 | vehicle, shall have an entry made in the court record by | ||||||
24 | the judge that
this offense did occur while the person was | ||||||
25 | in actual physical control of a
motor vehicle and order the | ||||||
26 | clerk of the court to report the violation to the
Secretary |
| |||||||
| |||||||
1 | of State as such. The Secretary of State shall not issue a | ||||||
2 | new
license or permit for a period of one year;
| ||||||
3 | 13. To any person who is under the age of 18 years and | ||||||
4 | who has committed
the offense
of operating a motor vehicle | ||||||
5 | without a valid license or permit in violation of
Section | ||||||
6 | 6-101 or a similar out of state offense;
| ||||||
7 | 14. To any person who is
90 days or more
delinquent in | ||||||
8 | court ordered child support
payments or has been | ||||||
9 | adjudicated in arrears
in an amount equal to 90 days' | ||||||
10 | obligation or more
and who has been found in contempt
of
| ||||||
11 | court for failure to pay the support, subject to the | ||||||
12 | requirements and
procedures of Article VII of Chapter 7 of
| ||||||
13 | the Illinois Vehicle Code;
| ||||||
14 | 14.5. To any person certified by the Illinois | ||||||
15 | Department of Healthcare and Family Services as being 90 | ||||||
16 | days or more delinquent in payment of support under an | ||||||
17 | order of support entered by a court or administrative body | ||||||
18 | of this or any other State, subject to the requirements and | ||||||
19 | procedures of Article VII of Chapter 7 of this Code | ||||||
20 | regarding those certifications;
| ||||||
21 | 15. To any person released from a term of imprisonment | ||||||
22 | for violating
Section 9-3 of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012, or a similar provision of a law | ||||||
24 | of another state relating to reckless homicide or for | ||||||
25 | violating subparagraph (F) of paragraph (1) of subsection | ||||||
26 | (d) of Section 11-501 of this Code relating to aggravated |
| |||||||
| |||||||
1 | driving under the influence of alcohol, other drug or | ||||||
2 | drugs, intoxicating compound or compounds, or any | ||||||
3 | combination thereof, if the violation was the proximate | ||||||
4 | cause of a death, within
24 months of release from a term | ||||||
5 | of imprisonment;
| ||||||
6 | 16. To any person who, with intent to influence any act | ||||||
7 | related to the issuance of any driver's license or permit, | ||||||
8 | by an employee of the Secretary of State's Office, or the | ||||||
9 | owner or employee of any commercial driver training school | ||||||
10 | licensed by the Secretary of State, or any other individual | ||||||
11 | authorized by the laws of this State to give driving | ||||||
12 | instructions or administer all or part of a driver's | ||||||
13 | license examination, promises or tenders to that person any | ||||||
14 | property or personal advantage which that person is not | ||||||
15 | authorized by law to accept. Any persons promising or | ||||||
16 | tendering such property or personal advantage shall be | ||||||
17 | disqualified from holding any class of driver's license or | ||||||
18 | permit for 120 consecutive days. The Secretary of State | ||||||
19 | shall establish by rule the procedures for implementing | ||||||
20 | this period of disqualification and the procedures by which | ||||||
21 | persons so disqualified may obtain administrative review | ||||||
22 | of the decision to disqualify;
| ||||||
23 | 17. To any person for whom the Secretary of State | ||||||
24 | cannot verify the
accuracy of any information or | ||||||
25 | documentation submitted in application for a
driver's | ||||||
26 | license;
|
| |||||||
| |||||||
1 | 18. To any person who has been adjudicated under the | ||||||
2 | Juvenile Court Act of 1987 based upon an offense that is | ||||||
3 | determined by the court to have been committed in | ||||||
4 | furtherance of the criminal activities of an organized | ||||||
5 | gang, as provided in Section 5-710 of that Act, and that | ||||||
6 | involved the operation or use of a motor vehicle or the use | ||||||
7 | of a driver's license or permit. The person shall be denied | ||||||
8 | a license or permit for the period determined by the court; | ||||||
9 | or
| ||||||
10 | 19. Beginning July 1, 2017, to any person who has been | ||||||
11 | issued an identification card under the Illinois | ||||||
12 | Identification Card Act. Any such person may, at his or her | ||||||
13 | discretion, surrender the identification card in order to | ||||||
14 | become eligible to obtain a driver's license. | ||||||
15 | The Secretary of State shall retain all conviction
| ||||||
16 | information, if the information is required to be held | ||||||
17 | confidential under
the Juvenile Court Act of 1987. | ||||||
18 | (Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14; | ||||||
19 | 99-173, eff. 7-29-15; 99-511, eff. 1-1-17 .)
| ||||||
20 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| ||||||
21 | Sec. 6-106.1. School bus driver permit.
| ||||||
22 | (a) The Secretary of State shall issue a school bus driver
| ||||||
23 | permit to those applicants who have met all the requirements of | ||||||
24 | the
application and screening process under this Section to | ||||||
25 | insure the
welfare and safety of children who are transported |
| |||||||
| |||||||
1 | on school buses
throughout the State of Illinois. Applicants | ||||||
2 | shall obtain the
proper application required by the Secretary | ||||||
3 | of State from their
prospective or current employer and submit | ||||||
4 | the completed
application to the prospective or current | ||||||
5 | employer along
with the necessary fingerprint submission as | ||||||
6 | required by the
Department of
State Police to conduct | ||||||
7 | fingerprint based criminal background
checks on current and | ||||||
8 | future information available in the state
system and current | ||||||
9 | information available through the Federal Bureau
of | ||||||
10 | Investigation's system. Applicants who have completed the
| ||||||
11 | fingerprinting requirements shall not be subjected to the
| ||||||
12 | fingerprinting process when applying for subsequent permits or
| ||||||
13 | submitting proof of successful completion of the annual | ||||||
14 | refresher
course. Individuals who on July 1, 1995 (the | ||||||
15 | effective date of Public Act 88-612) possess a valid
school bus | ||||||
16 | driver permit that has been previously issued by the | ||||||
17 | appropriate
Regional School Superintendent are not subject to | ||||||
18 | the fingerprinting
provisions of this Section as long as the | ||||||
19 | permit remains valid and does not
lapse. The applicant shall be | ||||||
20 | required to pay all related
application and fingerprinting fees | ||||||
21 | as established by rule
including, but not limited to, the | ||||||
22 | amounts established by the Department of
State Police and the | ||||||
23 | Federal Bureau of Investigation to process
fingerprint based | ||||||
24 | criminal background investigations. All fees paid for
| ||||||
25 | fingerprint processing services under this Section shall be | ||||||
26 | deposited into the
State Police Services Fund for the cost |
| |||||||
| |||||||
1 | incurred in processing the fingerprint
based criminal | ||||||
2 | background investigations. All other fees paid under this
| ||||||
3 | Section shall be deposited into the Road
Fund for the purpose | ||||||
4 | of defraying the costs of the Secretary of State in
| ||||||
5 | administering this Section. All applicants must:
| ||||||
6 | 1. be 21 years of age or older;
| ||||||
7 | 2. possess a valid and properly classified driver's | ||||||
8 | license
issued by the Secretary of State;
| ||||||
9 | 3. possess a valid driver's license, which has not been
| ||||||
10 | revoked, suspended, or canceled for 3 years immediately | ||||||
11 | prior to
the date of application, or have not had his or | ||||||
12 | her commercial motor vehicle
driving privileges
| ||||||
13 | disqualified within the 3 years immediately prior to the | ||||||
14 | date of application;
| ||||||
15 | 4. successfully pass a written test, administered by | ||||||
16 | the
Secretary of State, on school bus operation, school bus | ||||||
17 | safety, and
special traffic laws relating to school buses | ||||||
18 | and submit to a review
of the applicant's driving habits by | ||||||
19 | the Secretary of State at the time the
written test is | ||||||
20 | given;
| ||||||
21 | 5. demonstrate ability to exercise reasonable care in | ||||||
22 | the operation of
school buses in accordance with rules | ||||||
23 | promulgated by the Secretary of State;
| ||||||
24 | 6. demonstrate physical fitness to operate school | ||||||
25 | buses by
submitting the results of a medical examination, | ||||||
26 | including tests for drug
use for each applicant not subject |
| |||||||
| |||||||
1 | to such testing pursuant to
federal law, conducted by a | ||||||
2 | licensed physician, a licensed advanced practice | ||||||
3 | registered nurse, or a licensed physician assistant
within | ||||||
4 | 90 days of the date
of application according to standards | ||||||
5 | promulgated by the Secretary of State;
| ||||||
6 | 7. affirm under penalties of perjury that he or she has | ||||||
7 | not made a
false statement or knowingly concealed a | ||||||
8 | material fact
in any application for permit;
| ||||||
9 | 8. have completed an initial classroom course, | ||||||
10 | including first aid
procedures, in school bus driver safety | ||||||
11 | as promulgated by the Secretary of
State; and after | ||||||
12 | satisfactory completion of said initial course an annual
| ||||||
13 | refresher course; such courses and the agency or | ||||||
14 | organization conducting such
courses shall be approved by | ||||||
15 | the Secretary of State; failure to
complete the annual | ||||||
16 | refresher course, shall result in
cancellation of the | ||||||
17 | permit until such course is completed;
| ||||||
18 | 9. not have been under an order of court supervision | ||||||
19 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
20 | defined by rule, within one year prior to the date of | ||||||
21 | application that may
endanger the life or safety of any of | ||||||
22 | the driver's passengers within the
duration of the permit | ||||||
23 | period;
| ||||||
24 | 10. not have been under an order of court supervision | ||||||
25 | for or convicted of reckless driving, aggravated reckless | ||||||
26 | driving, driving while under the influence of alcohol, |
| |||||||
| |||||||
1 | other drug or drugs, intoxicating compound or compounds or | ||||||
2 | any combination thereof, or reckless homicide resulting | ||||||
3 | from the operation of a motor
vehicle within 3 years of the | ||||||
4 | date of application;
| ||||||
5 | 11. not have been convicted of committing or attempting
| ||||||
6 | to commit any
one or more of the following offenses: (i) | ||||||
7 | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | ||||||
8 | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | ||||||
9 | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||||||
10 | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||||||
11 | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | ||||||
12 | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||||||
13 | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | ||||||
14 | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | ||||||
15 | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||||||
16 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | ||||||
17 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||||||
18 | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | ||||||
19 | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| ||||||
20 | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||||||
21 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||||||
22 | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, | ||||||
23 | 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section | ||||||
24 | 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), | ||||||
25 | (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and | ||||||
26 | in subsection (a) and subsection (b), clause (1), of |
| |||||||
| |||||||
1 | Section
12-4, and in subsection (A), clauses (a) and (b), | ||||||
2 | of Section 24-3, and those offenses contained in Article | ||||||
3 | 29D of the Criminal Code of 1961 or the Criminal Code of | ||||||
4 | 2012; (ii) those offenses defined in the
Cannabis Control | ||||||
5 | Act except those offenses defined in subsections (a) and
| ||||||
6 | (b) of Section 4, and subsection (a) of Section 5 of the | ||||||
7 | Cannabis Control
Act; (iii) those offenses defined in the | ||||||
8 | Illinois Controlled Substances
Act; (iv) those offenses | ||||||
9 | defined in the Methamphetamine Control and Community | ||||||
10 | Protection Act; (v) any offense committed or attempted in | ||||||
11 | any other state or against
the laws of the United States, | ||||||
12 | which if committed or attempted in this
State would be | ||||||
13 | punishable as one or more of the foregoing offenses; (vi)
| ||||||
14 | the offenses defined in Section 4.1 and 5.1 of the Wrongs | ||||||
15 | to Children Act or Section 11-9.1A of the Criminal Code of | ||||||
16 | 1961 or the Criminal Code of 2012; (vii) those offenses | ||||||
17 | defined in Section 6-16 of the Liquor Control Act of
1934;
| ||||||
18 | and (viii) those offenses defined in the Methamphetamine | ||||||
19 | Precursor Control Act;
| ||||||
20 | 12. not have been repeatedly involved as a driver in | ||||||
21 | motor vehicle
collisions or been repeatedly convicted of | ||||||
22 | offenses against
laws and ordinances regulating the | ||||||
23 | movement of traffic, to a degree which
indicates lack of | ||||||
24 | ability to exercise ordinary and reasonable care in the
| ||||||
25 | safe operation of a motor vehicle or disrespect for the | ||||||
26 | traffic laws and
the safety of other persons upon the |
| |||||||
| |||||||
1 | highway;
| ||||||
2 | 13. not have, through the unlawful operation of a motor
| ||||||
3 | vehicle, caused an accident resulting in the death of any | ||||||
4 | person;
| ||||||
5 | 14. not have, within the last 5 years, been adjudged to | ||||||
6 | be
afflicted with or suffering from any mental disability | ||||||
7 | or disease; and
| ||||||
8 | 15. consent, in writing, to the release of results of | ||||||
9 | reasonable suspicion drug and alcohol testing under | ||||||
10 | Section 6-106.1c of this Code by the employer of the | ||||||
11 | applicant to the Secretary of State. | ||||||
12 | (b) A school bus driver permit shall be valid for a period | ||||||
13 | specified by
the Secretary of State as set forth by rule. It | ||||||
14 | shall be renewable upon compliance with subsection (a) of this
| ||||||
15 | Section.
| ||||||
16 | (c) A school bus driver permit shall contain the holder's | ||||||
17 | driver's
license number, legal name, residence address, zip | ||||||
18 | code, and date
of birth, a brief description of the holder and | ||||||
19 | a space for signature. The
Secretary of State may require a | ||||||
20 | suitable photograph of the holder.
| ||||||
21 | (d) The employer shall be responsible for conducting a | ||||||
22 | pre-employment
interview with prospective school bus driver | ||||||
23 | candidates, distributing school
bus driver applications and | ||||||
24 | medical forms to be completed by the applicant, and
submitting | ||||||
25 | the applicant's fingerprint cards to the Department of State | ||||||
26 | Police
that are required for the criminal background |
| |||||||
| |||||||
1 | investigations. The employer
shall certify in writing to the | ||||||
2 | Secretary of State that all pre-employment
conditions have been | ||||||
3 | successfully completed including the successful completion
of | ||||||
4 | an Illinois specific criminal background investigation through | ||||||
5 | the
Department of State Police and the submission of necessary
| ||||||
6 | fingerprints to the Federal Bureau of Investigation for | ||||||
7 | criminal
history information available through the Federal | ||||||
8 | Bureau of
Investigation system. The applicant shall present the
| ||||||
9 | certification to the Secretary of State at the time of | ||||||
10 | submitting
the school bus driver permit application.
| ||||||
11 | (e) Permits shall initially be provisional upon receiving
| ||||||
12 | certification from the employer that all pre-employment | ||||||
13 | conditions
have been successfully completed, and upon | ||||||
14 | successful completion of
all training and examination | ||||||
15 | requirements for the classification of
the vehicle to be | ||||||
16 | operated, the Secretary of State shall
provisionally issue a | ||||||
17 | School Bus Driver Permit. The permit shall
remain in a | ||||||
18 | provisional status pending the completion of the
Federal Bureau | ||||||
19 | of Investigation's criminal background investigation based
| ||||||
20 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
21 | of
Investigation by the Department of State Police. The Federal | ||||||
22 | Bureau of
Investigation shall report the findings directly to | ||||||
23 | the Secretary
of State. The Secretary of State shall remove the | ||||||
24 | bus driver
permit from provisional status upon the applicant's | ||||||
25 | successful
completion of the Federal Bureau of Investigation's | ||||||
26 | criminal
background investigation.
|
| |||||||
| |||||||
1 | (f) A school bus driver permit holder shall notify the
| ||||||
2 | employer and the Secretary of State if he or she is issued an | ||||||
3 | order of court supervision for or convicted in
another state of | ||||||
4 | an offense that would make him or her ineligible
for a permit | ||||||
5 | under subsection (a) of this Section. The
written notification | ||||||
6 | shall be made within 5 days of the entry of
the order of court | ||||||
7 | supervision or conviction. Failure of the permit holder to | ||||||
8 | provide the
notification is punishable as a petty
offense for a | ||||||
9 | first violation and a Class B misdemeanor for a
second or | ||||||
10 | subsequent violation.
| ||||||
11 | (g) Cancellation; suspension; notice and procedure.
| ||||||
12 | (1) The Secretary of State shall cancel a school bus
| ||||||
13 | driver permit of an applicant whose criminal background | ||||||
14 | investigation
discloses that he or she is not in compliance | ||||||
15 | with the provisions of subsection
(a) of this Section.
| ||||||
16 | (2) The Secretary of State shall cancel a school
bus | ||||||
17 | driver permit when he or she receives notice that the | ||||||
18 | permit holder fails
to comply with any provision of this | ||||||
19 | Section or any rule promulgated for the
administration of | ||||||
20 | this Section.
| ||||||
21 | (3) The Secretary of State shall cancel a school bus
| ||||||
22 | driver permit if the permit holder's restricted commercial | ||||||
23 | or
commercial driving privileges are withdrawn or | ||||||
24 | otherwise
invalidated.
| ||||||
25 | (4) The Secretary of State may not issue a school bus
| ||||||
26 | driver permit for a period of 3 years to an applicant who |
| |||||||
| |||||||
1 | fails to
obtain a negative result on a drug test as | ||||||
2 | required in item 6 of
subsection (a) of this Section or | ||||||
3 | under federal law.
| ||||||
4 | (5) The Secretary of State shall forthwith suspend
a | ||||||
5 | school bus driver permit for a period of 3 years upon | ||||||
6 | receiving
notice that the holder has failed to obtain a | ||||||
7 | negative result on a
drug test as required in item 6 of | ||||||
8 | subsection (a) of this Section
or under federal law.
| ||||||
9 | (6) The Secretary of State shall suspend a school bus | ||||||
10 | driver permit for a period of 3 years upon receiving notice | ||||||
11 | from the employer that the holder failed to perform the | ||||||
12 | inspection procedure set forth in subsection (a) or (b) of | ||||||
13 | Section 12-816 of this Code. | ||||||
14 | (7) The Secretary of State shall suspend a school bus | ||||||
15 | driver permit for a period of 3 years upon receiving notice | ||||||
16 | from the employer that the holder refused to submit to an | ||||||
17 | alcohol or drug test as required by Section 6-106.1c or has | ||||||
18 | submitted to a test required by that Section which | ||||||
19 | disclosed an alcohol concentration of more than 0.00 or | ||||||
20 | disclosed a positive result on a National Institute on Drug | ||||||
21 | Abuse five-drug panel, utilizing federal standards set | ||||||
22 | forth in 49 CFR 40.87. | ||||||
23 | The Secretary of State shall notify the State | ||||||
24 | Superintendent
of Education and the permit holder's | ||||||
25 | prospective or current
employer that the applicant has (1) has | ||||||
26 | failed a criminal
background investigation or (2) is no
longer |
| |||||||
| |||||||
1 | eligible for a school bus driver permit; and of the related
| ||||||
2 | cancellation of the applicant's provisional school bus driver | ||||||
3 | permit. The
cancellation shall remain in effect pending the | ||||||
4 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
5 | The scope of the
hearing shall be limited to the issuance | ||||||
6 | criteria contained in
subsection (a) of this Section. A | ||||||
7 | petition requesting a
hearing shall be submitted to the | ||||||
8 | Secretary of State and shall
contain the reason the individual | ||||||
9 | feels he or she is entitled to a
school bus driver permit. The | ||||||
10 | permit holder's
employer shall notify in writing to the | ||||||
11 | Secretary of State
that the employer has certified the removal | ||||||
12 | of the offending school
bus driver from service prior to the | ||||||
13 | start of that school bus
driver's next workshift. An employing | ||||||
14 | school board that fails to
remove the offending school bus | ||||||
15 | driver from service is
subject to the penalties defined in | ||||||
16 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
17 | violates a provision of this Section is
subject to the | ||||||
18 | penalties defined in Section 6-106.11.
| ||||||
19 | All valid school bus driver permits issued under this | ||||||
20 | Section
prior to January 1, 1995, shall remain effective until | ||||||
21 | their
expiration date unless otherwise invalidated.
| ||||||
22 | (h) When a school bus driver permit holder who is a service | ||||||
23 | member is called to active duty, the employer of the permit | ||||||
24 | holder shall notify the Secretary of State, within 30 days of | ||||||
25 | notification from the permit holder, that the permit holder has | ||||||
26 | been called to active duty. Upon notification pursuant to this |
| |||||||
| |||||||
1 | subsection, (i) the Secretary of State shall characterize the | ||||||
2 | permit as inactive until a permit holder renews the permit as | ||||||
3 | provided in subsection (i) of this Section, and (ii) if a | ||||||
4 | permit holder fails to comply with the requirements of this | ||||||
5 | Section while called to active duty, the Secretary of State | ||||||
6 | shall not characterize the permit as invalid. | ||||||
7 | (i) A school bus driver permit holder who is a service | ||||||
8 | member returning from active duty must, within 90 days, renew a | ||||||
9 | permit characterized as inactive pursuant to subsection (h) of | ||||||
10 | this Section by complying with the renewal requirements of | ||||||
11 | subsection (b) of this Section. | ||||||
12 | (j) For purposes of subsections (h) and (i) of this | ||||||
13 | Section: | ||||||
14 | "Active duty" means active duty pursuant to an executive | ||||||
15 | order of the President of the United States, an act of the | ||||||
16 | Congress of the United States, or an order of the Governor. | ||||||
17 | "Service member" means a member of the Armed Services or | ||||||
18 | reserve forces of the United States or a member of the Illinois | ||||||
19 | National Guard. | ||||||
20 | (k) A private carrier employer of a school bus driver | ||||||
21 | permit holder, having satisfied the employer requirements of | ||||||
22 | this Section, shall be held to a standard of ordinary care for | ||||||
23 | intentional acts committed in the course of employment by the | ||||||
24 | bus driver permit holder. This subsection (k) shall in no way | ||||||
25 | limit the liability of the private carrier employer for | ||||||
26 | violation of any provision of this Section or for the negligent |
| |||||||
| |||||||
1 | hiring or retention of a school bus driver permit holder. | ||||||
2 | (Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15; | ||||||
3 | 99-642, eff. 7-28-16.)
| ||||||
4 | (625 ILCS 5/6-106.1a)
| ||||||
5 | Sec. 6-106.1a. Cancellation of school bus driver permit; | ||||||
6 | trace of alcohol.
| ||||||
7 | (a) A person who has been issued a school bus driver permit | ||||||
8 | by the Secretary
of State in accordance with Section 6-106.1 of | ||||||
9 | this Code and who drives or is
in actual physical control of a | ||||||
10 | school bus
or any other vehicle owned or operated by or for a | ||||||
11 | public or private
school, or a school operated by a religious | ||||||
12 | institution, when the vehicle is
being used over a regularly | ||||||
13 | scheduled route for the transportation of persons
enrolled as | ||||||
14 | students in grade 12 or below, in connection with any activity | ||||||
15 | of
the entities listed, upon the public highways of this State | ||||||
16 | shall be
deemed to have given consent to a chemical test or | ||||||
17 | tests of blood, breath, other bodily substance, or
urine for | ||||||
18 | the purpose of determining the alcohol content of the person's | ||||||
19 | blood
if arrested, as evidenced
by the issuance of a Uniform | ||||||
20 | Traffic Ticket for any violation of this
Code or a similar | ||||||
21 | provision of a local ordinance, if a police officer
has | ||||||
22 | probable cause to believe that the driver has consumed any | ||||||
23 | amount of an
alcoholic beverage based upon evidence of the | ||||||
24 | driver's physical condition
or other first hand knowledge of | ||||||
25 | the police officer. The test or tests shall
be administered at |
| |||||||
| |||||||
1 | the direction of the arresting officer. The law enforcement
| ||||||
2 | agency employing the officer shall designate which of the | ||||||
3 | aforesaid tests shall
be administered. A urine or other bodily | ||||||
4 | substance test may be administered even after a blood or breath
| ||||||
5 | test or both has been administered.
| ||||||
6 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
7 | in a condition
rendering that person incapable of refusal, | ||||||
8 | shall be deemed not to have
withdrawn the consent provided by | ||||||
9 | paragraph (a) of this Section and the test or
tests may be | ||||||
10 | administered subject to the following provisions:
| ||||||
11 | (1) Chemical analysis of the person's blood, urine, | ||||||
12 | breath, or
other bodily substance,
to be considered valid | ||||||
13 | under the provisions of this Section, shall have been
| ||||||
14 | performed according to standards promulgated by the | ||||||
15 | Department of State Police by an
individual
possessing a | ||||||
16 | valid permit issued by the Department of State Police for | ||||||
17 | this
purpose. The
Director of State Police is authorized to | ||||||
18 | approve satisfactory techniques
or
methods, to ascertain | ||||||
19 | the qualifications and competence of individuals to
| ||||||
20 | conduct analyses, to issue
permits that shall be subject to | ||||||
21 | termination or revocation at the direction of
the | ||||||
22 | Department of State Police, and to certify the
accuracy of | ||||||
23 | breath testing
equipment. The
Department of State Police | ||||||
24 | shall prescribe rules as
necessary.
| ||||||
25 | (2) When a person submits to a blood test at the | ||||||
26 | request of a law
enforcement officer under the provisions |
| |||||||
| |||||||
1 | of this Section, only a physician
authorized to practice | ||||||
2 | medicine, a licensed physician assistant, a licensed | ||||||
3 | advanced practice registered nurse, a registered nurse, or | ||||||
4 | other qualified person
trained in venipuncture and acting | ||||||
5 | under the direction of a licensed physician
may withdraw | ||||||
6 | blood for the purpose of determining the alcohol content.
| ||||||
7 | This limitation does not apply to the taking of breath, | ||||||
8 | other bodily substance, or urine specimens.
| ||||||
9 | (3) The person tested may have a physician, qualified | ||||||
10 | technician, chemist,
registered nurse, or other qualified | ||||||
11 | person of his or her own choosing
administer a chemical | ||||||
12 | test or tests in addition to any test or tests
administered | ||||||
13 | at the direction of a law enforcement officer. The test
| ||||||
14 | administered at the request of the person may be admissible | ||||||
15 | into evidence at a
hearing conducted in accordance with | ||||||
16 | Section 2-118 of this Code. The failure
or inability to | ||||||
17 | obtain an additional test by a person shall not preclude | ||||||
18 | the
consideration of the previously performed chemical | ||||||
19 | test.
| ||||||
20 | (4) Upon a request of the person who submits to a | ||||||
21 | chemical test or tests
at the request of a law enforcement | ||||||
22 | officer, full information concerning the
test or tests | ||||||
23 | shall be made available to the person or that person's
| ||||||
24 | attorney by the requesting law enforcement agency within 72 | ||||||
25 | hours of receipt of
the test result.
| ||||||
26 | (5) Alcohol concentration means either grams of |
| |||||||
| |||||||
1 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
2 | per 210 liters of breath.
| ||||||
3 | (6) If a driver is receiving medical treatment as a | ||||||
4 | result of a motor
vehicle accident, a physician licensed to | ||||||
5 | practice medicine, licensed physician assistant, licensed | ||||||
6 | advanced practice registered nurse, registered nurse,
or | ||||||
7 | other qualified person trained in venipuncture and acting | ||||||
8 | under the
direction of a
licensed physician shall withdraw | ||||||
9 | blood for testing purposes to ascertain the
presence of | ||||||
10 | alcohol upon the specific request of a law enforcement | ||||||
11 | officer.
However, that testing shall not be performed | ||||||
12 | until, in the opinion of the
medical personnel on scene, | ||||||
13 | the withdrawal can be made without interfering with
or | ||||||
14 | endangering the well-being of the patient.
| ||||||
15 | (c) A person requested to submit to a test as provided in | ||||||
16 | this Section shall
be warned
by the law enforcement officer | ||||||
17 | requesting the test that a refusal to submit to
the test, or
| ||||||
18 | submission to the test resulting in an alcohol concentration of | ||||||
19 | more than 0.00,
may result
in the loss of that person's | ||||||
20 | privilege to possess a school bus driver
permit. The loss of | ||||||
21 | the individual's privilege to possess a school bus driver
| ||||||
22 | permit shall be imposed in accordance with Section 6-106.1b of | ||||||
23 | this Code. A person requested to submit to a test under this | ||||||
24 | Section shall also acknowledge, in writing, receipt of the | ||||||
25 | warning required under this subsection (c). If the person | ||||||
26 | refuses to acknowledge receipt of the warning, the law |
| |||||||
| |||||||
1 | enforcement officer shall make a written notation on the | ||||||
2 | warning that the person refused to sign the warning. A person's | ||||||
3 | refusal to sign the warning shall not be evidence that the | ||||||
4 | person was not read the warning.
| ||||||
5 | (d) If the person refuses testing or submits to a test that | ||||||
6 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
7 | enforcement officer shall
immediately submit a sworn report to | ||||||
8 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
9 | State certifying that the test or tests were
requested under | ||||||
10 | subsection (a) and the person refused to submit to a test or
| ||||||
11 | tests or submitted to testing which disclosed an alcohol | ||||||
12 | concentration of more
than 0.00. The law enforcement officer | ||||||
13 | shall submit the same sworn report when
a person who has been | ||||||
14 | issued a school bus driver permit and who was operating a
| ||||||
15 | school bus or any other vehicle owned
or operated by or for a | ||||||
16 | public or private school, or a school operated by a
religious | ||||||
17 | institution, when the vehicle is being used over a regularly
| ||||||
18 | scheduled route for the transportation of persons enrolled as | ||||||
19 | students in grade
12 or below, in connection with
any activity | ||||||
20 | of the entities listed, submits to testing under Section | ||||||
21 | 11-501.1
of this Code and the testing discloses an alcohol | ||||||
22 | concentration of more than
0.00 and less than the alcohol | ||||||
23 | concentration at which driving or being in
actual physical | ||||||
24 | control of a motor vehicle is prohibited under paragraph (1) of
| ||||||
25 | subsection (a) of Section 11-501.
| ||||||
26 | Upon receipt of the sworn report of a law enforcement |
| |||||||
| |||||||
1 | officer, the Secretary
of State shall enter the school bus | ||||||
2 | driver permit sanction on the
individual's driving record and | ||||||
3 | the sanction shall be effective on the
46th day following the | ||||||
4 | date notice of the sanction was given to the person.
| ||||||
5 | The law enforcement officer submitting the sworn report | ||||||
6 | shall serve immediate
notice of this school bus driver permit | ||||||
7 | sanction on the person and the sanction
shall be effective on | ||||||
8 | the 46th day following the date notice was given.
| ||||||
9 | In cases where the blood alcohol concentration of more than | ||||||
10 | 0.00 is
established by a subsequent analysis of blood, other | ||||||
11 | bodily substance, or urine, the police officer or
arresting | ||||||
12 | agency shall give notice as provided in this Section or by | ||||||
13 | deposit in
the United States mail of that notice in an envelope | ||||||
14 | with postage prepaid and
addressed to that person at his or her | ||||||
15 | last known address and the loss of the
school
bus driver permit | ||||||
16 | shall be effective on the 46th day following the date notice
| ||||||
17 | was given.
| ||||||
18 | Upon receipt of the sworn report of a law enforcement | ||||||
19 | officer, the Secretary
of State shall also give notice of the | ||||||
20 | school bus driver permit sanction to the
driver and the | ||||||
21 | driver's current employer by mailing a notice of the effective
| ||||||
22 | date of the sanction to the individual. However, shall the | ||||||
23 | sworn report be
defective by not containing sufficient | ||||||
24 | information or be completed in error,
the notice of the school | ||||||
25 | bus driver permit sanction may not be mailed to the
person or | ||||||
26 | his current employer or entered to the driving record,
but |
| |||||||
| |||||||
1 | rather the sworn report shall be returned to the issuing law | ||||||
2 | enforcement
agency.
| ||||||
3 | (e) A driver may contest this school bus driver permit | ||||||
4 | sanction by
requesting an administrative hearing with the | ||||||
5 | Secretary of State in accordance
with Section 2-118 of this | ||||||
6 | Code. An individual whose blood alcohol
concentration is shown | ||||||
7 | to be more than 0.00 is not subject to this Section if
he or she | ||||||
8 | consumed alcohol in the performance of a religious service or
| ||||||
9 | ceremony. An individual whose blood alcohol concentration is | ||||||
10 | shown to be more
than 0.00 shall not be subject to this Section | ||||||
11 | if the individual's blood
alcohol concentration resulted only | ||||||
12 | from ingestion of the prescribed or
recommended dosage of | ||||||
13 | medicine that contained alcohol. The petition for that
hearing | ||||||
14 | shall not stay or delay the effective date of the impending | ||||||
15 | suspension.
The scope of this hearing shall be limited to the | ||||||
16 | issues of:
| ||||||
17 | (1) whether the police officer had probable cause to | ||||||
18 | believe that the
person was driving or in actual physical | ||||||
19 | control of a school bus
or any other vehicle owned or | ||||||
20 | operated by or for a
public or private school, or a
school | ||||||
21 | operated by a religious institution, when the vehicle is | ||||||
22 | being used
over a regularly scheduled route for the | ||||||
23 | transportation of persons enrolled as
students in grade 12 | ||||||
24 | or below, in connection with any activity of the entities
| ||||||
25 | listed, upon the public highways of the State and the | ||||||
26 | police officer had reason
to believe that the person was in |
| |||||||
| |||||||
1 | violation of any provision of this
Code or a similar | ||||||
2 | provision of a local ordinance; and
| ||||||
3 | (2) whether the person was issued a Uniform Traffic | ||||||
4 | Ticket for any
violation of this Code or a similar | ||||||
5 | provision of a local
ordinance; and
| ||||||
6 | (3) whether the police officer had probable cause to | ||||||
7 | believe that the
driver had
consumed any amount of an | ||||||
8 | alcoholic beverage based upon the driver's
physical | ||||||
9 | actions or other first-hand knowledge of the police | ||||||
10 | officer; and
| ||||||
11 | (4) whether the person, after being advised by the | ||||||
12 | officer that the
privilege to possess a school bus driver | ||||||
13 | permit would be canceled if the person
refused to submit to | ||||||
14 | and complete the test or tests, did refuse to submit to or
| ||||||
15 | complete the test or tests to determine the person's | ||||||
16 | alcohol concentration; and
| ||||||
17 | (5) whether the person, after being advised by the | ||||||
18 | officer that the
privileges to possess a school bus driver | ||||||
19 | permit would be canceled if the
person submits to a | ||||||
20 | chemical test or tests and the test or tests disclose an
| ||||||
21 | alcohol concentration of more than 0.00 and
the person did | ||||||
22 | submit to and complete the test or tests that determined an
| ||||||
23 | alcohol concentration of more than 0.00; and
| ||||||
24 | (6) whether the test result of an alcohol concentration | ||||||
25 | of more than 0.00
was based upon the person's consumption | ||||||
26 | of alcohol in the performance of a
religious service or |
| |||||||
| |||||||
1 | ceremony; and
| ||||||
2 | (7) whether the test result of an alcohol concentration | ||||||
3 | of more than 0.00
was based upon the person's consumption | ||||||
4 | of alcohol through ingestion of the
prescribed or | ||||||
5 | recommended dosage of medicine.
| ||||||
6 | The Secretary of State may adopt administrative rules | ||||||
7 | setting forth
circumstances under which the holder of a school | ||||||
8 | bus driver permit is not
required to
appear in
person at the | ||||||
9 | hearing.
| ||||||
10 | Provided that the petitioner may subpoena the officer, the | ||||||
11 | hearing may be
conducted upon a review of the law enforcement | ||||||
12 | officer's own official
reports. Failure of the officer to | ||||||
13 | answer the subpoena shall be grounds for a
continuance if, in | ||||||
14 | the hearing officer's discretion, the continuance is
| ||||||
15 | appropriate. At the conclusion of the hearing held under | ||||||
16 | Section 2-118 of this
Code, the Secretary of State may rescind, | ||||||
17 | continue, or modify
the school bus driver permit sanction.
| ||||||
18 | (f) The results of any chemical testing performed in | ||||||
19 | accordance with
subsection (a) of this Section are not | ||||||
20 | admissible in any civil or criminal
proceeding, except that the | ||||||
21 | results
of the testing may be considered at a hearing held | ||||||
22 | under Section 2-118 of this
Code. However, the results of the | ||||||
23 | testing may not be used to impose
driver's license sanctions | ||||||
24 | under Section 11-501.1 of this Code. A law
enforcement officer | ||||||
25 | may, however, pursue a statutory summary suspension or | ||||||
26 | revocation of
driving privileges under Section 11-501.1 of this |
| |||||||
| |||||||
1 | Code if other physical
evidence or first hand knowledge forms | ||||||
2 | the basis of that suspension or revocation.
| ||||||
3 | (g) This Section applies only to drivers who have been | ||||||
4 | issued a school bus
driver permit in accordance with Section | ||||||
5 | 6-106.1 of this Code at the time of
the issuance of the Uniform | ||||||
6 | Traffic Ticket for a violation of this
Code or a similar | ||||||
7 | provision of a local ordinance, and a chemical test
request is | ||||||
8 | made under this Section.
| ||||||
9 | (h) The action of the Secretary of State in suspending, | ||||||
10 | revoking, canceling,
or denying any license, permit, | ||||||
11 | registration, or certificate of title shall be
subject to | ||||||
12 | judicial review in the Circuit Court of Sangamon County or in | ||||||
13 | the
Circuit Court of Cook County, and the provisions of the | ||||||
14 | Administrative Review
Law and its rules are hereby adopted and | ||||||
15 | shall apply to and govern every
action for the judicial review | ||||||
16 | of final acts or decisions of the Secretary of
State under this | ||||||
17 | Section.
| ||||||
18 | (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
| ||||||
19 | (625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
| ||||||
20 | Sec. 6-901. Definitions. For the purposes of this
Article:
| ||||||
21 | "Board" means the Driver's License Medical Advisory Board.
| ||||||
22 | "Medical examiner" or "medical practitioner" means: | ||||||
23 | (i) any
person licensed to practice medicine in all its | ||||||
24 | branches in
the State of Illinois or any other state;
| ||||||
25 | (ii) a licensed physician assistant; or |
| |||||||
| |||||||
1 | (iii) a licensed advanced practice registered nurse. | ||||||
2 | (Source: P.A. 99-173, eff. 7-29-15.)
| ||||||
3 | (625 ILCS 5/11-501.01)
| ||||||
4 | Sec. 11-501.01. Additional administrative sanctions. | ||||||
5 | (a) After a finding of guilt and prior to any final | ||||||
6 | sentencing or an order for supervision, for an offense based | ||||||
7 | upon an arrest for a violation of Section 11-501 or a similar | ||||||
8 | provision of a local ordinance, individuals shall be required | ||||||
9 | to undergo a professional evaluation to determine if an | ||||||
10 | alcohol, drug, or intoxicating compound abuse problem exists | ||||||
11 | and the extent of the problem, and undergo the imposition of | ||||||
12 | treatment as appropriate. Programs conducting these | ||||||
13 | evaluations shall be licensed by the Department of Human | ||||||
14 | Services. The cost of any professional evaluation shall be paid | ||||||
15 | for by the individual required to undergo the professional | ||||||
16 | evaluation. | ||||||
17 | (b) Any person who is found guilty of or pleads guilty to | ||||||
18 | violating Section 11-501, including any person receiving a | ||||||
19 | disposition of court supervision for violating that Section, | ||||||
20 | may be required by the Court to attend a victim impact panel | ||||||
21 | offered by, or under contract with, a county State's Attorney's | ||||||
22 | office, a probation and court services department, Mothers | ||||||
23 | Against Drunk Driving, or the Alliance Against Intoxicated | ||||||
24 | Motorists. All costs generated by the victim impact panel shall | ||||||
25 | be paid from fees collected from the offender or as may be |
| |||||||
| |||||||
1 | determined by the court. | ||||||
2 | (c) Every person found guilty of violating Section 11-501, | ||||||
3 | whose operation of a motor vehicle while in violation of that | ||||||
4 | Section proximately caused any incident resulting in an | ||||||
5 | appropriate emergency response, shall be liable for the expense | ||||||
6 | of an emergency response as provided in subsection (i) of this | ||||||
7 | Section. | ||||||
8 | (d) The Secretary of State shall revoke the driving | ||||||
9 | privileges of any person convicted under Section 11-501 or a | ||||||
10 | similar provision of a local ordinance. | ||||||
11 | (e) The Secretary of State shall require the use of | ||||||
12 | ignition interlock devices for a period not less than 5 years | ||||||
13 | on all vehicles owned by a person who has been convicted of a | ||||||
14 | second or subsequent offense of Section 11-501 or a similar | ||||||
15 | provision of a local ordinance. The person must pay to the | ||||||
16 | Secretary of State DUI Administration Fund an amount not to | ||||||
17 | exceed $30 for each month that he or she uses the device. The | ||||||
18 | Secretary shall establish by rule and regulation the procedures | ||||||
19 | for certification and use of the interlock system, the amount | ||||||
20 | of the fee, and the procedures, terms, and conditions relating | ||||||
21 | to these fees. During the time period in which a person is | ||||||
22 | required to install an ignition interlock device under this | ||||||
23 | subsection (e), that person shall only operate vehicles in | ||||||
24 | which ignition interlock devices have been installed, except as | ||||||
25 | allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of | ||||||
26 | this Code. |
| |||||||
| |||||||
1 | (f) In addition to any other penalties and liabilities, a | ||||||
2 | person who is found guilty of or pleads guilty to violating | ||||||
3 | Section 11-501, including any person placed on court | ||||||
4 | supervision for violating Section 11-501, shall be assessed | ||||||
5 | $750, payable to the circuit clerk, who shall distribute the | ||||||
6 | money as follows: $350 to the law enforcement agency that made | ||||||
7 | the arrest, and $400 shall be forwarded to the State Treasurer | ||||||
8 | for deposit into the General Revenue Fund. If the person has | ||||||
9 | been previously convicted of violating Section 11-501 or a | ||||||
10 | similar provision of a local ordinance, the fine shall be | ||||||
11 | $1,000, and the circuit clerk shall distribute
$200 to the law | ||||||
12 | enforcement agency that
made the arrest and $800 to the State
| ||||||
13 | Treasurer for deposit into the General Revenue Fund. In the | ||||||
14 | event that more than one agency is responsible for the arrest, | ||||||
15 | the amount payable to law enforcement agencies shall be shared | ||||||
16 | equally. Any moneys received by a law enforcement agency under | ||||||
17 | this subsection (f) shall be used for enforcement and | ||||||
18 | prevention of driving while under the influence of alcohol, | ||||||
19 | other drug or drugs, intoxicating compound or compounds or any | ||||||
20 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
21 | including but not limited to the purchase of law enforcement | ||||||
22 | equipment and commodities that will assist in the prevention of | ||||||
23 | alcohol related criminal violence throughout the State; police | ||||||
24 | officer training and education in areas related to alcohol | ||||||
25 | related crime, including but not limited to DUI training; and | ||||||
26 | police officer salaries, including but not limited to salaries |
| |||||||
| |||||||
1 | for hire back funding for safety checkpoints, saturation | ||||||
2 | patrols, and liquor store sting operations. Any moneys received | ||||||
3 | by the Department of State Police under this subsection (f) | ||||||
4 | shall be deposited into the State Police DUI Fund and shall be | ||||||
5 | used to purchase law enforcement equipment that will assist in | ||||||
6 | the prevention of alcohol related criminal violence throughout | ||||||
7 | the State. | ||||||
8 | (g) The Secretary of State Police DUI Fund is created as a | ||||||
9 | special fund in the State treasury. All moneys received by the | ||||||
10 | Secretary of State Police under subsection (f) of this Section | ||||||
11 | shall be deposited into the Secretary of State Police DUI Fund | ||||||
12 | and, subject to appropriation, shall be used for enforcement | ||||||
13 | and prevention of driving while under the influence of alcohol, | ||||||
14 | other drug or drugs, intoxicating compound or compounds or any | ||||||
15 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
16 | including but not limited to the purchase of law enforcement | ||||||
17 | equipment and commodities to assist in the prevention of | ||||||
18 | alcohol related criminal violence throughout the State; police | ||||||
19 | officer training and education in areas related to alcohol | ||||||
20 | related crime, including but not limited to DUI training; and | ||||||
21 | police officer salaries, including but not limited to salaries | ||||||
22 | for hire back funding for safety checkpoints, saturation | ||||||
23 | patrols, and liquor store sting operations. | ||||||
24 | (h) Whenever an individual is sentenced for an offense | ||||||
25 | based upon an arrest for a violation of Section 11-501 or a | ||||||
26 | similar provision of a local ordinance, and the professional |
| |||||||
| |||||||
1 | evaluation recommends remedial or rehabilitative treatment or | ||||||
2 | education, neither the treatment nor the education shall be the | ||||||
3 | sole disposition and either or both may be imposed only in | ||||||
4 | conjunction with another disposition. The court shall monitor | ||||||
5 | compliance with any remedial education or treatment | ||||||
6 | recommendations contained in the professional evaluation. | ||||||
7 | Programs conducting alcohol or other drug evaluation or | ||||||
8 | remedial education must be licensed by the Department of Human | ||||||
9 | Services. If the individual is not a resident of Illinois, | ||||||
10 | however, the court may accept an alcohol or other drug | ||||||
11 | evaluation or remedial education program in the individual's | ||||||
12 | state of residence. Programs providing treatment must be | ||||||
13 | licensed under existing applicable alcoholism and drug | ||||||
14 | treatment licensure standards. | ||||||
15 | (i) In addition to any other fine or penalty required by | ||||||
16 | law, an individual convicted of a violation of Section 11-501, | ||||||
17 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
18 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
19 | similar provision, whose operation of a motor vehicle, | ||||||
20 | snowmobile, or watercraft while in violation of Section 11-501, | ||||||
21 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
22 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
23 | similar provision proximately caused an incident resulting in | ||||||
24 | an appropriate emergency response, shall be required to make | ||||||
25 | restitution to a public agency for the costs of that emergency | ||||||
26 | response. The restitution may not exceed $1,000 per public |
| |||||||
| |||||||
1 | agency for each emergency response. As used in this subsection | ||||||
2 | (i), "emergency response" means any incident requiring a | ||||||
3 | response by a police officer, a firefighter carried on the | ||||||
4 | rolls of a regularly constituted fire department, or an | ||||||
5 | ambulance. With respect to funds designated for the Department | ||||||
6 | of State Police, the moneys shall be remitted by the circuit | ||||||
7 | court clerk to the State Police within one month after receipt | ||||||
8 | for deposit into the State Police DUI Fund. With respect to | ||||||
9 | funds designated for the Department of Natural Resources, the | ||||||
10 | Department of Natural Resources shall deposit the moneys into | ||||||
11 | the Conservation Police Operations Assistance Fund.
| ||||||
12 | (j) A person that is subject to a chemical test or tests of | ||||||
13 | blood under subsection (a) of Section 11-501.1 or subdivision | ||||||
14 | (c)(2) of Section 11-501.2 of this Code, whether or not that | ||||||
15 | person consents to testing, shall be liable for the expense up | ||||||
16 | to $500 for blood withdrawal by a physician authorized to | ||||||
17 | practice medicine, a licensed physician assistant, a licensed | ||||||
18 | advanced practice registered nurse, a registered nurse, a | ||||||
19 | trained phlebotomist, a licensed paramedic, or a qualified | ||||||
20 | person other than a police officer approved by the Department | ||||||
21 | of State Police to withdraw blood, who responds, whether at a | ||||||
22 | law enforcement facility or a health care facility, to a police | ||||||
23 | department request for the drawing of blood based upon refusal | ||||||
24 | of the person to submit to a lawfully requested breath test or | ||||||
25 | probable cause exists to believe the test would disclose the | ||||||
26 | ingestion, consumption, or use of drugs or intoxicating |
| |||||||
| |||||||
1 | compounds if: | ||||||
2 | (1) the person is found guilty of violating Section | ||||||
3 | 11-501 of this Code or a similar provision of a local | ||||||
4 | ordinance; or | ||||||
5 | (2) the person pleads guilty to or stipulates to facts | ||||||
6 | supporting a violation of Section 11-503 of this Code or a | ||||||
7 | similar provision of a local ordinance when the plea or | ||||||
8 | stipulation was the result of a plea agreement in which the | ||||||
9 | person was originally charged with violating Section | ||||||
10 | 11-501 of this Code or a similar local ordinance. | ||||||
11 | (Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13; | ||||||
12 | 98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; | ||||||
13 | 99-642, eff. 7-28-16.)
| ||||||
14 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| ||||||
15 | Sec. 11-501.2. Chemical and other tests.
| ||||||
16 | (a) Upon the trial of any civil or criminal action or | ||||||
17 | proceeding arising out
of an arrest for an offense as defined | ||||||
18 | in Section 11-501 or a similar local
ordinance or proceedings | ||||||
19 | pursuant to Section 2-118.1, evidence of the
concentration of | ||||||
20 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
21 | compounds, or any combination thereof in a person's blood
or | ||||||
22 | breath at the time alleged, as determined by analysis of the | ||||||
23 | person's blood,
urine, breath, or other bodily substance, shall | ||||||
24 | be admissible. Where such test
is made the following provisions | ||||||
25 | shall apply:
|
| |||||||
| |||||||
1 | 1. Chemical analyses of the person's blood, urine, | ||||||
2 | breath, or other bodily
substance to be considered valid | ||||||
3 | under the provisions of this Section shall
have been | ||||||
4 | performed according to standards promulgated by the | ||||||
5 | Department of State Police
by
a licensed physician, | ||||||
6 | registered nurse, trained phlebotomist, licensed | ||||||
7 | paramedic, or other individual
possessing a valid permit | ||||||
8 | issued by that Department for
this purpose. The Director of | ||||||
9 | State Police is authorized to approve satisfactory
| ||||||
10 | techniques or methods, to ascertain the qualifications and | ||||||
11 | competence of
individuals to conduct such analyses, to | ||||||
12 | issue permits which shall be subject
to termination or | ||||||
13 | revocation at the discretion of that Department and to
| ||||||
14 | certify the accuracy of breath testing equipment. The | ||||||
15 | Department
of
State Police shall prescribe regulations as | ||||||
16 | necessary to
implement this
Section.
| ||||||
17 | 2. When a person in this State shall submit to a blood | ||||||
18 | test at the request
of a law enforcement officer under the | ||||||
19 | provisions of Section 11-501.1, only a
physician | ||||||
20 | authorized to practice medicine, a licensed physician | ||||||
21 | assistant, a licensed advanced practice registered nurse, | ||||||
22 | a registered nurse, trained
phlebotomist, or licensed | ||||||
23 | paramedic, or other
qualified person approved by the | ||||||
24 | Department of State Police may withdraw blood
for the | ||||||
25 | purpose of determining the alcohol, drug, or alcohol and | ||||||
26 | drug content
therein. This limitation shall not apply to |
| |||||||
| |||||||
1 | the taking of breath, other bodily substance, or urine
| ||||||
2 | specimens.
| ||||||
3 | When a blood test of a person who has been taken to an | ||||||
4 | adjoining state
for medical treatment is requested by an | ||||||
5 | Illinois law enforcement officer,
the blood may be | ||||||
6 | withdrawn only by a physician authorized to practice
| ||||||
7 | medicine in the adjoining state, a licensed physician | ||||||
8 | assistant, a licensed advanced practice registered nurse, | ||||||
9 | a registered nurse, a trained
phlebotomist acting under the | ||||||
10 | direction of the physician, or licensed
paramedic. The law
| ||||||
11 | enforcement officer requesting the test shall take custody | ||||||
12 | of the blood
sample, and the blood sample shall be analyzed | ||||||
13 | by a laboratory certified by the
Department of State Police | ||||||
14 | for that purpose.
| ||||||
15 | 3. The person tested may have a physician, or a | ||||||
16 | qualified technician,
chemist, registered nurse, or other | ||||||
17 | qualified person of their own choosing
administer a | ||||||
18 | chemical test or tests in addition to any administered at | ||||||
19 | the
direction of a law enforcement officer. The failure or | ||||||
20 | inability to obtain
an additional test by a person shall | ||||||
21 | not preclude the admission of evidence
relating to the test | ||||||
22 | or tests taken at the direction of a law enforcement
| ||||||
23 | officer.
| ||||||
24 | 4. Upon the request of the person who shall submit to a | ||||||
25 | chemical test
or tests at the request of a law enforcement | ||||||
26 | officer, full information
concerning the test or tests |
| |||||||
| |||||||
1 | shall be made available to the person or such
person's | ||||||
2 | attorney.
| ||||||
3 | 5. Alcohol concentration shall mean either grams of | ||||||
4 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
5 | per 210 liters of breath.
| ||||||
6 | 6. Tetrahydrocannabinol concentration means either 5 | ||||||
7 | nanograms or more of delta-9-tetrahydrocannabinol per | ||||||
8 | milliliter of whole blood or 10 nanograms or more of | ||||||
9 | delta-9-tetrahydrocannabinol per milliliter of other | ||||||
10 | bodily substance. | ||||||
11 | (a-5) Law enforcement officials may use standardized field | ||||||
12 | sobriety tests approved by the National Highway Traffic Safety | ||||||
13 | Administration when conducting investigations of a violation | ||||||
14 | of Section 11-501 or similar local ordinance by drivers | ||||||
15 | suspected of driving under the influence of cannabis. The | ||||||
16 | General Assembly finds that standardized field sobriety tests | ||||||
17 | approved by the National Highway Traffic Safety Administration | ||||||
18 | are divided attention tasks that are intended to determine if a | ||||||
19 | person is under the influence of cannabis. The purpose of these | ||||||
20 | tests is to determine the effect of the use of cannabis on a | ||||||
21 | person's capacity to think and act with ordinary care and | ||||||
22 | therefore operate a motor vehicle safely. Therefore, the | ||||||
23 | results of these standardized field sobriety tests, | ||||||
24 | appropriately administered, shall be admissible in the trial of | ||||||
25 | any civil or criminal action or proceeding arising out of an | ||||||
26 | arrest for a cannabis-related offense as defined in Section |
| |||||||
| |||||||
1 | 11-501 or a similar local ordinance or proceedings under | ||||||
2 | Section 2-118.1 or 2-118.2. Where a test is made the following | ||||||
3 | provisions shall apply: | ||||||
4 | 1. The person tested may have a physician, or a | ||||||
5 | qualified technician, chemist, registered nurse, or other | ||||||
6 | qualified person of their own choosing administer a | ||||||
7 | chemical test or tests in addition to the standardized | ||||||
8 | field sobriety test or tests administered at the direction | ||||||
9 | of a law enforcement officer. The failure or inability to | ||||||
10 | obtain an additional test by a person does not preclude the | ||||||
11 | admission of evidence relating to the test or tests taken | ||||||
12 | at the direction of a law enforcement officer. | ||||||
13 | 2. Upon the request of the person who shall submit to a | ||||||
14 | standardized field sobriety test or tests at the request of | ||||||
15 | a law enforcement officer, full information concerning the | ||||||
16 | test or tests shall be made available to the person or the | ||||||
17 | person's attorney. | ||||||
18 | 3. At the trial of any civil or criminal action or | ||||||
19 | proceeding arising out of an arrest for an offense as | ||||||
20 | defined in Section 11-501 or a similar local ordinance or | ||||||
21 | proceedings under Section 2-118.1 or 2-118.2 in which the | ||||||
22 | results of these standardized field sobriety tests are | ||||||
23 | admitted, the cardholder may present and the trier of fact | ||||||
24 | may consider evidence that the card holder lacked the | ||||||
25 | physical capacity to perform the standardized field | ||||||
26 | sobriety tests. |
| |||||||
| |||||||
1 | (b) Upon the trial of any civil or criminal action or | ||||||
2 | proceeding arising
out of acts alleged to have been committed | ||||||
3 | by any person while driving or
in actual physical control of a | ||||||
4 | vehicle while under the influence of alcohol,
the concentration | ||||||
5 | of alcohol in the person's blood or breath at the time
alleged | ||||||
6 | as shown by analysis of the person's blood, urine, breath, or | ||||||
7 | other
bodily substance shall give rise to the following | ||||||
8 | presumptions:
| ||||||
9 | 1. If there was at that time an alcohol concentration | ||||||
10 | of 0.05 or less,
it shall be presumed that the person was | ||||||
11 | not under the influence of alcohol.
| ||||||
12 | 2. If there was at that time an alcohol concentration | ||||||
13 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
14 | give rise to any
presumption that
the person was or was not | ||||||
15 | under the influence of alcohol, but such fact
may be | ||||||
16 | considered with other competent evidence in determining | ||||||
17 | whether the
person was under the influence of alcohol.
| ||||||
18 | 3. If there was at that time an alcohol concentration | ||||||
19 | of 0.08
or more,
it shall be presumed that the person was | ||||||
20 | under the influence of alcohol.
| ||||||
21 | 4. The foregoing provisions of this Section shall not | ||||||
22 | be construed as
limiting the introduction of any other | ||||||
23 | relevant evidence bearing upon the
question whether the | ||||||
24 | person was under the influence of alcohol.
| ||||||
25 | (b-5) Upon the trial of any civil or criminal action or | ||||||
26 | proceeding arising out of acts alleged to have been committed |
| |||||||
| |||||||
1 | by any person while driving or in actual physical control of a | ||||||
2 | vehicle while under the influence of alcohol, other drug or | ||||||
3 | drugs, intoxicating compound or compounds or any combination | ||||||
4 | thereof, the concentration of cannabis in the person's whole | ||||||
5 | blood or other bodily substance at the time alleged as shown by | ||||||
6 | analysis of the person's blood or other bodily substance shall | ||||||
7 | give rise to the following presumptions: | ||||||
8 | 1. If there was a tetrahydrocannabinol concentration | ||||||
9 | of 5 nanograms or more in whole blood or 10 nanograms or | ||||||
10 | more in an other bodily substance as defined in this | ||||||
11 | Section, it shall be presumed that the person was under the | ||||||
12 | influence of cannabis. | ||||||
13 | 2. If there was at that time a tetrahydrocannabinol | ||||||
14 | concentration of less than 5 nanograms in whole blood or | ||||||
15 | less than 10 nanograms in an other bodily substance, such | ||||||
16 | facts shall not give rise to any
presumption that
the | ||||||
17 | person was or was not under the influence of cannabis, but | ||||||
18 | such fact
may be considered with other competent evidence | ||||||
19 | in determining whether the
person was under the influence | ||||||
20 | of cannabis.
| ||||||
21 | (c) 1. If a person under arrest refuses to submit to a | ||||||
22 | chemical test
under
the provisions of Section 11-501.1, | ||||||
23 | evidence of refusal shall be admissible
in any civil or | ||||||
24 | criminal action or proceeding arising out of acts alleged
to | ||||||
25 | have been committed while the person under the influence of | ||||||
26 | alcohol,
other drug or drugs, or intoxicating compound or |
| |||||||
| |||||||
1 | compounds, or
any combination thereof was driving or in actual | ||||||
2 | physical
control of a motor vehicle.
| ||||||
3 | 2. Notwithstanding any ability to refuse under this Code to | ||||||
4 | submit to
these tests or any ability to revoke the implied | ||||||
5 | consent to these tests, if a
law enforcement officer has | ||||||
6 | probable cause to believe that a motor vehicle
driven by or in | ||||||
7 | actual physical control of a person under the influence of
| ||||||
8 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
9 | compounds,
or any combination thereof
has caused the death or
| ||||||
10 | personal injury to another, the law enforcement officer shall | ||||||
11 | request, and that person shall submit, upon the request of a | ||||||
12 | law
enforcement officer, to a chemical test or tests of his or | ||||||
13 | her blood, breath, other bodily substance, or
urine for the | ||||||
14 | purpose of
determining the alcohol content thereof or the | ||||||
15 | presence of any other drug or
combination of both.
| ||||||
16 | This provision does not affect the applicability of or | ||||||
17 | imposition of driver's
license sanctions under Section | ||||||
18 | 11-501.1 of this Code.
| ||||||
19 | 3. For purposes of this Section, a personal injury includes | ||||||
20 | any Type A
injury as indicated on the traffic accident report | ||||||
21 | completed by a law
enforcement officer that requires immediate | ||||||
22 | professional attention in either a
doctor's office or a medical | ||||||
23 | facility. A Type A injury includes severe
bleeding wounds, | ||||||
24 | distorted extremities, and injuries that require the injured
| ||||||
25 | party to be carried from the scene.
| ||||||
26 | (d) If a person refuses standardized field sobriety tests |
| |||||||
| |||||||
1 | under Section 11-501.9 of this Code, evidence of refusal shall | ||||||
2 | be admissible in any civil or criminal action or proceeding | ||||||
3 | arising out of acts committed while the person was driving or | ||||||
4 | in actual physical control of a vehicle and alleged to have | ||||||
5 | been impaired by the use of cannabis. | ||||||
6 | (e) Department of State Police compliance with the changes | ||||||
7 | in this amendatory Act of the 99th General Assembly concerning | ||||||
8 | testing of other bodily substances and tetrahydrocannabinol | ||||||
9 | concentration by Department of State Police laboratories is | ||||||
10 | subject to appropriation and until the Department of State | ||||||
11 | Police adopt standards and completion validation. Any | ||||||
12 | laboratories that test for the presence of cannabis or other | ||||||
13 | drugs under this Article, the Snowmobile Registration and | ||||||
14 | Safety Act, or the Boat Registration and Safety Act must comply | ||||||
15 | with ISO/IEC 17025:2005. | ||||||
16 | (Source: P.A. 98-122, eff. 1-1-14; 98-973, eff. 8-15-14; | ||||||
17 | 98-1172, eff. 1-12-15; 99-697, eff. 7-29-16.)
| ||||||
18 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) | ||||||
19 | Sec. 11-501.6. Driver involvement in personal injury or | ||||||
20 | fatal motor
vehicle accident; chemical test. | ||||||
21 | (a) Any person who drives or is in actual control of a | ||||||
22 | motor vehicle
upon the public highways of this State and who | ||||||
23 | has been involved in a
personal injury or fatal motor vehicle | ||||||
24 | accident, shall be deemed to have
given consent to a breath | ||||||
25 | test using a portable device as approved by the
Department of |
| |||||||
| |||||||
1 | State Police or to a chemical test or tests
of blood, breath, | ||||||
2 | other bodily substance, or
urine for the purpose of determining | ||||||
3 | the content of alcohol,
other
drug or drugs, or intoxicating | ||||||
4 | compound or compounds of such
person's blood if arrested as | ||||||
5 | evidenced by the issuance of a Uniform Traffic
Ticket for any | ||||||
6 | violation of the Illinois Vehicle Code or a similar provision | ||||||
7 | of
a local ordinance, with the exception of equipment | ||||||
8 | violations contained in
Chapter 12 of this Code, or similar | ||||||
9 | provisions of local ordinances. The test
or tests shall be | ||||||
10 | administered at the direction of the arresting officer. The
law | ||||||
11 | enforcement agency employing the officer shall designate which | ||||||
12 | of the
aforesaid tests shall be administered. Up to 2 | ||||||
13 | additional tests of urine or other bodily substance may be | ||||||
14 | administered even
after a blood or breath test or both has been | ||||||
15 | administered. Compliance with
this Section does not relieve | ||||||
16 | such person from the requirements of Section
11-501.1 of this | ||||||
17 | Code. | ||||||
18 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
19 | in a
condition rendering such person incapable of refusal shall | ||||||
20 | be deemed not to
have withdrawn the consent provided by | ||||||
21 | subsection (a) of this Section. In
addition, if a driver of a | ||||||
22 | vehicle is receiving medical treatment as a
result of a motor | ||||||
23 | vehicle accident, any physician licensed to practice
medicine, | ||||||
24 | licensed physician assistant, licensed advanced practice | ||||||
25 | registered nurse, registered nurse or a phlebotomist acting | ||||||
26 | under the direction of
a licensed physician shall withdraw |
| |||||||
| |||||||
1 | blood for testing purposes to ascertain
the presence of | ||||||
2 | alcohol, other drug or drugs, or intoxicating
compound or | ||||||
3 | compounds, upon the specific request of a law
enforcement | ||||||
4 | officer. However, no such testing shall be performed until, in
| ||||||
5 | the opinion of the medical personnel on scene, the withdrawal | ||||||
6 | can be made
without interfering with or endangering the | ||||||
7 | well-being of the patient. | ||||||
8 | (c) A person requested to submit to a test as provided | ||||||
9 | above shall be
warned by the law enforcement officer requesting | ||||||
10 | the test that a refusal to
submit to the test, or submission to | ||||||
11 | the test resulting in an alcohol
concentration of 0.08 or more, | ||||||
12 | or testing discloses the presence of cannabis as listed in the | ||||||
13 | Cannabis Control Act with a tetrahydrocannabinol concentration | ||||||
14 | as defined in paragraph 6 of subsection (a) of Section 11-501.2 | ||||||
15 | of this Code, or any amount of a drug, substance,
or | ||||||
16 | intoxicating compound
resulting from the unlawful use or | ||||||
17 | consumption of a controlled substance listed in the Illinois
| ||||||
18 | Controlled Substances Act, an intoxicating compound listed in | ||||||
19 | the Use of
Intoxicating Compounds Act, or methamphetamine as | ||||||
20 | listed in the Methamphetamine Control and Community Protection | ||||||
21 | Act as detected in such person's blood, other bodily substance, | ||||||
22 | or urine, may
result in the suspension of such person's | ||||||
23 | privilege to operate a motor vehicle. If the person is also a | ||||||
24 | CDL holder, he or she shall be
warned by the law enforcement | ||||||
25 | officer requesting the test that a refusal to
submit to the | ||||||
26 | test, or submission to the test resulting in an alcohol
|
| |||||||
| |||||||
1 | concentration of 0.08 or more, or any amount of a drug, | ||||||
2 | substance,
or intoxicating compound
resulting from the | ||||||
3 | unlawful use or consumption of cannabis, as covered by the
| ||||||
4 | Cannabis Control Act, a controlled substance listed in the | ||||||
5 | Illinois
Controlled Substances Act, an intoxicating compound | ||||||
6 | listed in the Use of
Intoxicating Compounds Act, or | ||||||
7 | methamphetamine as listed in the Methamphetamine Control and | ||||||
8 | Community Protection Act as detected in the person's blood, | ||||||
9 | other bodily substance, or urine, may result in the | ||||||
10 | disqualification of the person's privilege to operate a | ||||||
11 | commercial motor vehicle, as provided in Section 6-514 of this | ||||||
12 | Code.
The length of the suspension shall be the same as | ||||||
13 | outlined in Section
6-208.1 of this Code regarding statutory | ||||||
14 | summary suspensions. | ||||||
15 | A person requested to submit to a test shall also | ||||||
16 | acknowledge, in writing, receipt of the warning required under | ||||||
17 | this Section. If the person refuses to acknowledge receipt of | ||||||
18 | the warning, the law enforcement officer shall make a written | ||||||
19 | notation on the warning that the person refused to sign the | ||||||
20 | warning. A person's refusal to sign the warning shall not be | ||||||
21 | evidence that the person was not read the warning. | ||||||
22 | (d) If the person refuses testing or submits to a test | ||||||
23 | which discloses
an alcohol concentration of 0.08 or more, the | ||||||
24 | presence of cannabis as listed in the Cannabis Control Act with | ||||||
25 | a tetrahydrocannabinol concentration as defined in paragraph 6 | ||||||
26 | of subsection (a) of Section 11-501.2 of this Code, or any |
| |||||||
| |||||||
1 | amount of a drug,
substance,
or intoxicating compound in such | ||||||
2 | person's blood or urine resulting from the
unlawful use or
| ||||||
3 | consumption of a controlled
substance listed in the Illinois | ||||||
4 | Controlled Substances Act, an
intoxicating
compound listed in | ||||||
5 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
6 | listed in the Methamphetamine Control and Community Protection | ||||||
7 | Act, the law
enforcement officer shall immediately submit a | ||||||
8 | sworn report to the Secretary of
State on a form prescribed by | ||||||
9 | the Secretary, certifying that the test or tests
were requested | ||||||
10 | under subsection (a) and the person refused to submit to a
test | ||||||
11 | or tests or submitted to testing which disclosed an alcohol | ||||||
12 | concentration
of 0.08 or more, the presence of cannabis as | ||||||
13 | listed in the Cannabis Control Act with a tetrahydrocannabinol | ||||||
14 | concentration as defined in paragraph 6 of subsection (a) of | ||||||
15 | Section 11-501.2 of this Code, or any amount of a drug, | ||||||
16 | substance, or intoxicating
compound
in such
person's blood, | ||||||
17 | other bodily substance, or urine, resulting from the unlawful | ||||||
18 | use or consumption of
a controlled substance
listed in
the | ||||||
19 | Illinois Controlled Substances Act,
an intoxicating compound | ||||||
20 | listed in
the Use of Intoxicating Compounds Act, or | ||||||
21 | methamphetamine as listed in the Methamphetamine Control and | ||||||
22 | Community Protection Act. If the person is also a CDL holder | ||||||
23 | and refuses testing or submits to a test which discloses
an | ||||||
24 | alcohol concentration of 0.08 or more, or any amount of a drug,
| ||||||
25 | substance,
or intoxicating compound in the person's blood, | ||||||
26 | other bodily substance, or urine resulting from the
unlawful |
| |||||||
| |||||||
1 | use or
consumption of cannabis listed in the Cannabis Control | ||||||
2 | Act, a controlled
substance listed in the Illinois Controlled | ||||||
3 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
4 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
5 | Methamphetamine Control and Community Protection Act, the law
| ||||||
6 | enforcement officer shall immediately submit a sworn report to | ||||||
7 | the Secretary of
State on a form prescribed by the Secretary, | ||||||
8 | certifying that the test or tests
were requested under | ||||||
9 | subsection (a) and the person refused to submit to a
test or | ||||||
10 | tests or submitted to testing which disclosed an alcohol | ||||||
11 | concentration
of 0.08 or more, or any amount of a drug, | ||||||
12 | substance, or intoxicating
compound
in such
person's blood, | ||||||
13 | other bodily substance, or urine, resulting from the unlawful | ||||||
14 | use or consumption of
cannabis listed in the Cannabis Control | ||||||
15 | Act, a controlled substance
listed in
the Illinois Controlled | ||||||
16 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
17 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
18 | Methamphetamine Control and Community Protection Act. | ||||||
19 | Upon receipt of the sworn report of a law enforcement | ||||||
20 | officer, the
Secretary shall enter the suspension and | ||||||
21 | disqualification to the individual's driving record and the
| ||||||
22 | suspension and disqualification shall be effective on the 46th | ||||||
23 | day following the date notice of the
suspension was given to | ||||||
24 | the person. | ||||||
25 | The law enforcement officer submitting the sworn report | ||||||
26 | shall serve immediate
notice of this suspension on the person |
| |||||||
| |||||||
1 | and such suspension and disqualification shall be effective
on | ||||||
2 | the 46th day following the date notice was given. | ||||||
3 | In cases involving a person who is not a CDL holder where | ||||||
4 | the blood alcohol concentration of 0.08 or more,
or blood | ||||||
5 | testing discloses the presence of cannabis as listed in the | ||||||
6 | Cannabis Control Act with a tetrahydrocannabinol concentration | ||||||
7 | as defined in paragraph 6 of subsection (a) of Section 11-501.2 | ||||||
8 | of this Code, or any amount
of a drug, substance, or | ||||||
9 | intoxicating compound resulting from the unlawful
use or
| ||||||
10 | consumption of a
controlled
substance listed in the Illinois | ||||||
11 | Controlled Substances Act,
an
intoxicating
compound listed in | ||||||
12 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
13 | listed in the Methamphetamine Control and Community Protection | ||||||
14 | Act, is established by a
subsequent analysis of blood, other | ||||||
15 | bodily substance, or urine collected at the time of arrest, the
| ||||||
16 | arresting officer shall give notice as provided in this Section | ||||||
17 | or by deposit
in the United States mail of such notice in an | ||||||
18 | envelope with postage prepaid
and addressed to such person at | ||||||
19 | his or her address as shown on the Uniform Traffic
Ticket and | ||||||
20 | the suspension shall be effective on the 46th day following the | ||||||
21 | date
notice was given. | ||||||
22 | In cases involving a person who is a CDL holder where the | ||||||
23 | blood alcohol concentration of 0.08 or more,
or any amount
of a | ||||||
24 | drug, substance, or intoxicating compound resulting from the | ||||||
25 | unlawful
use or
consumption of cannabis as listed in the | ||||||
26 | Cannabis Control Act, a
controlled
substance listed in the |
| |||||||
| |||||||
1 | Illinois Controlled Substances Act,
an
intoxicating
compound | ||||||
2 | listed in the Use of Intoxicating Compounds Act, or | ||||||
3 | methamphetamine as listed in the Methamphetamine Control and | ||||||
4 | Community Protection Act, is established by a
subsequent | ||||||
5 | analysis of blood, other bodily substance, or urine collected | ||||||
6 | at the time of arrest, the
arresting officer shall give notice | ||||||
7 | as provided in this Section or by deposit
in the United States | ||||||
8 | mail of such notice in an envelope with postage prepaid
and | ||||||
9 | addressed to the person at his or her address as shown on the | ||||||
10 | Uniform Traffic
Ticket and the suspension and disqualification | ||||||
11 | shall be effective on the 46th day following the date
notice | ||||||
12 | was given. | ||||||
13 | Upon receipt of the sworn report of a law enforcement | ||||||
14 | officer, the Secretary
shall also give notice of the suspension | ||||||
15 | and disqualification to the driver by mailing a notice of
the | ||||||
16 | effective date of the suspension and disqualification to the | ||||||
17 | individual. However, should the
sworn report be defective by | ||||||
18 | not containing sufficient information or be
completed in error, | ||||||
19 | the notice of the suspension and disqualification shall not be | ||||||
20 | mailed to the
person or entered to the driving record, but | ||||||
21 | rather the sworn report shall be
returned to the issuing law | ||||||
22 | enforcement agency. | ||||||
23 | (e) A driver may contest this suspension of his or her
| ||||||
24 | driving privileges and disqualification of his or her CDL | ||||||
25 | privileges by
requesting an administrative hearing with the | ||||||
26 | Secretary in accordance with
Section 2-118 of this Code. At the |
| |||||||
| |||||||
1 | conclusion of a hearing held under
Section 2-118 of this Code, | ||||||
2 | the Secretary may rescind, continue, or modify the
orders
of | ||||||
3 | suspension and disqualification. If the Secretary does not | ||||||
4 | rescind the orders of suspension and disqualification, a | ||||||
5 | restricted
driving permit may be granted by the Secretary upon | ||||||
6 | application being made and
good cause shown. A restricted | ||||||
7 | driving permit may be granted to relieve undue
hardship to | ||||||
8 | allow driving for employment, educational, and medical | ||||||
9 | purposes as
outlined in Section 6-206 of this Code. The | ||||||
10 | provisions of Section 6-206 of
this Code shall apply. In | ||||||
11 | accordance with 49 C.F.R. 384, the Secretary of State may not | ||||||
12 | issue a restricted driving permit for the operation of a | ||||||
13 | commercial motor vehicle to a person holding a CDL whose | ||||||
14 | driving privileges have been suspended, revoked, cancelled, or | ||||||
15 | disqualified.
| ||||||
16 | (f) (Blank). | ||||||
17 | (g) For the purposes of this Section, a personal injury | ||||||
18 | shall include
any type A injury as indicated on the traffic | ||||||
19 | accident report completed
by a law enforcement officer that | ||||||
20 | requires immediate professional attention
in either a doctor's | ||||||
21 | office or a medical facility. A type A injury shall
include | ||||||
22 | severely bleeding wounds, distorted extremities, and injuries | ||||||
23 | that
require the injured party to be carried from the scene. | ||||||
24 | (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
| ||||||
25 | (625 ILCS 5/11-501.8)
|
| |||||||
| |||||||
1 | Sec. 11-501.8. Suspension of driver's license; persons | ||||||
2 | under age 21.
| ||||||
3 | (a) A person who is less than 21 years of age and who | ||||||
4 | drives or
is in actual physical control of a motor vehicle upon | ||||||
5 | the
public highways of this State shall be deemed to have given | ||||||
6 | consent to a
chemical test or tests of blood, breath, other | ||||||
7 | bodily substance, or urine for the purpose of
determining the | ||||||
8 | alcohol content of the person's blood if arrested, as evidenced
| ||||||
9 | by the issuance of a Uniform Traffic Ticket for any violation | ||||||
10 | of the Illinois
Vehicle Code or a similar provision of a local | ||||||
11 | ordinance, if a police officer
has probable cause to believe | ||||||
12 | that the driver has consumed any amount of an
alcoholic | ||||||
13 | beverage based upon evidence of the driver's physical condition | ||||||
14 | or
other first hand knowledge of the police officer. The test | ||||||
15 | or tests shall be
administered at the direction of the | ||||||
16 | arresting officer. The law enforcement
agency employing the | ||||||
17 | officer shall designate which of the aforesaid tests shall
be | ||||||
18 | administered. Up to 2 additional tests of urine or other bodily | ||||||
19 | substance may be administered even after a blood or
breath test | ||||||
20 | or both has been administered.
| ||||||
21 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
22 | in a condition
rendering that person incapable of refusal, | ||||||
23 | shall be deemed not to have
withdrawn the consent provided by | ||||||
24 | paragraph (a) of this Section and the test or
tests may be | ||||||
25 | administered subject to the following provisions:
| ||||||
26 | (i) Chemical analysis of the person's blood, urine, |
| |||||||
| |||||||
1 | breath, or
other bodily substance, to be considered valid | ||||||
2 | under the provisions of this
Section, shall have been | ||||||
3 | performed according to standards promulgated by the | ||||||
4 | Department of State
Police
by an individual possessing a | ||||||
5 | valid permit issued by that Department for this
purpose. | ||||||
6 | The Director of State Police is authorized to approve | ||||||
7 | satisfactory
techniques or methods, to ascertain the | ||||||
8 | qualifications and competence of
individuals to conduct | ||||||
9 | analyses, to issue permits that shall be subject to
| ||||||
10 | termination or revocation at the direction of that | ||||||
11 | Department, and to certify
the accuracy of breath testing | ||||||
12 | equipment. The Department of
State Police shall prescribe | ||||||
13 | regulations as necessary.
| ||||||
14 | (ii) When a person submits to a blood test at the | ||||||
15 | request of a law
enforcement officer under the provisions | ||||||
16 | of this Section, only a physician
authorized to practice | ||||||
17 | medicine, a licensed physician assistant, a licensed | ||||||
18 | advanced practice registered nurse, a registered nurse, or | ||||||
19 | other qualified person
trained in venipuncture and acting | ||||||
20 | under the direction of a licensed physician
may withdraw | ||||||
21 | blood for the purpose of determining the alcohol content | ||||||
22 | therein.
This limitation does not apply to the taking of | ||||||
23 | breath, other bodily substance, or urine specimens.
| ||||||
24 | (iii) The person tested may have a physician, qualified | ||||||
25 | technician,
chemist, registered nurse, or other qualified | ||||||
26 | person of his or her own choosing
administer a chemical |
| |||||||
| |||||||
1 | test or tests in addition to any test or tests
administered | ||||||
2 | at the direction of a law enforcement officer. The failure | ||||||
3 | or
inability to obtain an additional test by a person shall | ||||||
4 | not preclude the
consideration of the previously performed | ||||||
5 | chemical test.
| ||||||
6 | (iv) Upon a request of the person who submits to a | ||||||
7 | chemical test or
tests at the request of a law enforcement | ||||||
8 | officer, full information concerning
the test or tests | ||||||
9 | shall be made available to the person or that person's
| ||||||
10 | attorney.
| ||||||
11 | (v) Alcohol concentration means either grams of | ||||||
12 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
13 | per 210 liters of breath.
| ||||||
14 | (vi) If a driver is receiving medical treatment as a | ||||||
15 | result of a motor
vehicle accident, a physician licensed to | ||||||
16 | practice medicine, licensed physician assistant, licensed | ||||||
17 | advanced practice registered nurse, registered nurse,
or | ||||||
18 | other qualified person trained in venipuncture and
acting | ||||||
19 | under the direction of a licensed physician shall
withdraw | ||||||
20 | blood for testing purposes to ascertain the presence of | ||||||
21 | alcohol upon
the specific request of a law enforcement | ||||||
22 | officer. However, that testing
shall not be performed | ||||||
23 | until, in the opinion of the medical personnel on scene,
| ||||||
24 | the withdrawal can be made without interfering with or | ||||||
25 | endangering the
well-being of the patient.
| ||||||
26 | (c) A person requested to submit to a test as provided |
| |||||||
| |||||||
1 | above shall be warned
by the law enforcement officer requesting | ||||||
2 | the test that a refusal to submit to
the test, or submission to | ||||||
3 | the test resulting in an alcohol concentration of
more than | ||||||
4 | 0.00, may result in the loss of that person's privilege to | ||||||
5 | operate a
motor vehicle and may result in the disqualification | ||||||
6 | of the person's privilege to operate a commercial motor | ||||||
7 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
8 | person is a CDL holder. The loss of driving privileges shall be | ||||||
9 | imposed in accordance
with Section 6-208.2 of this Code.
| ||||||
10 | A person requested to submit to a test shall also | ||||||
11 | acknowledge, in writing, receipt of the warning required under | ||||||
12 | this Section. If the person refuses to acknowledge receipt of | ||||||
13 | the warning, the law enforcement officer shall make a written | ||||||
14 | notation on the warning that the person refused to sign the | ||||||
15 | warning. A person's refusal to sign the warning shall not be | ||||||
16 | evidence that the person was not read the warning. | ||||||
17 | (d) If the person refuses testing or submits to a test that | ||||||
18 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
19 | enforcement officer shall
immediately submit a sworn report to | ||||||
20 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
21 | State, certifying that the test or tests were
requested under | ||||||
22 | subsection (a) and the person refused to submit to a test
or | ||||||
23 | tests or submitted to testing which disclosed an alcohol | ||||||
24 | concentration of
more than 0.00. The law enforcement officer | ||||||
25 | shall submit the same sworn report
when a person under the age | ||||||
26 | of 21 submits to testing under Section
11-501.1 of this Code |
| |||||||
| |||||||
1 | and the testing discloses an alcohol concentration of
more than | ||||||
2 | 0.00 and less than 0.08.
| ||||||
3 | Upon receipt of the sworn report of a law enforcement | ||||||
4 | officer, the Secretary
of State shall enter the suspension and | ||||||
5 | disqualification on the individual's driving
record and the | ||||||
6 | suspension and disqualification shall be effective on the 46th | ||||||
7 | day following the date
notice of the suspension was given to | ||||||
8 | the person. If this suspension is the
individual's first | ||||||
9 | driver's license suspension under this Section, reports
| ||||||
10 | received by the Secretary of State under this Section shall, | ||||||
11 | except during the
time the suspension is in effect, be | ||||||
12 | privileged information and for use only by
the courts, police | ||||||
13 | officers, prosecuting authorities, the Secretary of State,
or | ||||||
14 | the individual personally, unless the person is a CDL holder, | ||||||
15 | is operating a commercial motor vehicle or vehicle required to | ||||||
16 | be placarded for hazardous materials, in which case the | ||||||
17 | suspension shall not be privileged.
Reports received by the | ||||||
18 | Secretary of State under this Section shall also be made | ||||||
19 | available to the parent or guardian of a person under the age | ||||||
20 | of 18 years that holds an instruction permit or a graduated | ||||||
21 | driver's license, regardless of whether the suspension is in | ||||||
22 | effect.
| ||||||
23 | The law enforcement officer submitting the sworn report | ||||||
24 | shall serve immediate
notice of this suspension on the person | ||||||
25 | and the suspension and disqualification shall
be effective on | ||||||
26 | the 46th day following the date notice was given.
|
| |||||||
| |||||||
1 | In cases where the blood alcohol concentration of more than | ||||||
2 | 0.00 is
established by a subsequent analysis of blood, other | ||||||
3 | bodily substance, or urine, the police officer or
arresting | ||||||
4 | agency shall give notice as provided in this Section or by | ||||||
5 | deposit
in the United States mail of that notice in an envelope | ||||||
6 | with postage prepaid
and addressed to that person at his last | ||||||
7 | known address and the loss of driving
privileges shall be | ||||||
8 | effective on the 46th day following the date notice was
given.
| ||||||
9 | Upon receipt of the sworn report of a law enforcement | ||||||
10 | officer, the Secretary
of State shall also give notice of the | ||||||
11 | suspension and disqualification to the driver
by mailing a | ||||||
12 | notice of the effective date of the suspension and | ||||||
13 | disqualification to the individual.
However, should the sworn | ||||||
14 | report be defective by not containing sufficient
information or | ||||||
15 | be completed in error, the notice of the suspension and | ||||||
16 | disqualification shall not be mailed to the person or entered | ||||||
17 | to the driving record,
but rather the sworn report shall be | ||||||
18 | returned to the issuing law enforcement
agency.
| ||||||
19 | (e) A driver may contest this suspension and | ||||||
20 | disqualification by requesting an
administrative hearing with | ||||||
21 | the Secretary of State in accordance with Section
2-118 of this | ||||||
22 | Code. An individual whose blood alcohol concentration is shown
| ||||||
23 | to be more than 0.00 is not subject to this Section if he or she | ||||||
24 | consumed
alcohol in the performance of a religious service or | ||||||
25 | ceremony. An individual
whose blood alcohol concentration is | ||||||
26 | shown to be more than 0.00 shall not be
subject to this Section |
| |||||||
| |||||||
1 | if the individual's blood alcohol concentration
resulted only | ||||||
2 | from ingestion of the prescribed or recommended dosage of
| ||||||
3 | medicine that contained alcohol. The petition for that hearing | ||||||
4 | shall not stay
or delay the effective date of the impending | ||||||
5 | suspension. The scope of this
hearing shall be limited to the | ||||||
6 | issues of:
| ||||||
7 | (1) whether the police officer had probable cause to | ||||||
8 | believe that the
person was driving or in actual physical | ||||||
9 | control of a motor vehicle upon the
public highways of the | ||||||
10 | State and the police officer had reason to believe that
the | ||||||
11 | person was in violation of any provision of the Illinois | ||||||
12 | Vehicle Code or a
similar provision of a local ordinance; | ||||||
13 | and
| ||||||
14 | (2) whether the person was issued a Uniform Traffic | ||||||
15 | Ticket for any
violation of the Illinois Vehicle Code or a | ||||||
16 | similar provision of a local
ordinance; and
| ||||||
17 | (3) whether the police officer had probable cause to | ||||||
18 | believe that the
driver
had consumed any amount of an | ||||||
19 | alcoholic beverage based upon the driver's
physical | ||||||
20 | actions or other first-hand knowledge of the police | ||||||
21 | officer; and
| ||||||
22 | (4) whether the person, after being advised by the | ||||||
23 | officer that the
privilege to operate a motor vehicle would | ||||||
24 | be suspended if the person refused
to submit to and | ||||||
25 | complete the test or tests, did refuse to submit to or
| ||||||
26 | complete the test or tests to determine the person's |
| |||||||
| |||||||
1 | alcohol concentration;
and
| ||||||
2 | (5) whether the person, after being advised by the | ||||||
3 | officer that the
privileges to operate a motor vehicle | ||||||
4 | would be suspended if the person submits
to a chemical test | ||||||
5 | or tests and the test or tests disclose an alcohol
| ||||||
6 | concentration of more than 0.00, did submit to and
complete | ||||||
7 | the
test or tests that determined an alcohol concentration | ||||||
8 | of more than 0.00; and
| ||||||
9 | (6) whether the test result of an alcohol concentration | ||||||
10 | of more than 0.00
was based upon the person's consumption | ||||||
11 | of alcohol in the performance of a
religious service or | ||||||
12 | ceremony; and
| ||||||
13 | (7) whether the test result of an alcohol concentration | ||||||
14 | of more than 0.00
was based upon the person's consumption | ||||||
15 | of alcohol through ingestion of the
prescribed or | ||||||
16 | recommended dosage of medicine.
| ||||||
17 | At the conclusion of the hearing held under Section 2-118 | ||||||
18 | of
this Code, the Secretary of State may rescind, continue, or | ||||||
19 | modify the suspension and disqualification. If the Secretary of | ||||||
20 | State does not rescind the suspension and disqualification, a
| ||||||
21 | restricted driving permit may be granted by the Secretary of | ||||||
22 | State upon
application being made and good cause shown. A | ||||||
23 | restricted driving permit may be
granted to relieve undue | ||||||
24 | hardship by allowing driving for employment,
educational, and | ||||||
25 | medical purposes as outlined in item (3) of part (c) of
Section | ||||||
26 | 6-206 of this Code. The provisions of item (3) of part (c) of |
| |||||||
| |||||||
1 | Section
6-206 of this Code and of subsection (f) of that | ||||||
2 | Section shall apply. The Secretary of State shall promulgate | ||||||
3 | rules
providing for participation in an alcohol education and | ||||||
4 | awareness program or
activity, a drug education and awareness | ||||||
5 | program or activity, or both as a
condition to the issuance of | ||||||
6 | a restricted driving permit for suspensions
imposed under this | ||||||
7 | Section.
| ||||||
8 | (f) The results of any chemical testing performed in | ||||||
9 | accordance with
subsection (a) of this Section are not | ||||||
10 | admissible in any civil or criminal
proceeding, except that the | ||||||
11 | results of the testing may be considered at a
hearing held | ||||||
12 | under Section 2-118 of this Code. However, the results of
the | ||||||
13 | testing may not be used to impose driver's license sanctions | ||||||
14 | under
Section 11-501.1 of this Code. A law enforcement officer | ||||||
15 | may, however, pursue
a statutory summary suspension or | ||||||
16 | revocation of driving privileges under Section 11-501.1 of
this | ||||||
17 | Code if other physical evidence or first hand knowledge forms | ||||||
18 | the basis
of that suspension or revocation.
| ||||||
19 | (g) This Section applies only to drivers who are under
age | ||||||
20 | 21 at the time of the issuance of a Uniform Traffic Ticket for | ||||||
21 | a
violation of the Illinois Vehicle Code or a similar provision | ||||||
22 | of a local
ordinance, and a chemical test request is made under | ||||||
23 | this Section.
| ||||||
24 | (h) The action of the Secretary of State in suspending, | ||||||
25 | revoking, cancelling, or
disqualifying any license or
permit | ||||||
26 | shall be
subject to judicial review in the Circuit Court of |
| |||||||
| |||||||
1 | Sangamon County or in the
Circuit Court of Cook County, and the | ||||||
2 | provisions of the Administrative Review
Law and its rules are | ||||||
3 | hereby adopted and shall apply to and govern every action
for | ||||||
4 | the judicial review of final acts or decisions of the Secretary | ||||||
5 | of State
under this Section.
| ||||||
6 | (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
| ||||||
7 | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
| ||||||
8 | Sec. 11-1301.2. Special decals for parking; persons with | ||||||
9 | disabilities.
| ||||||
10 | (a) The Secretary of State shall provide for, by | ||||||
11 | administrative rules, the
design, size, color, and placement of | ||||||
12 | a person with disabilities motorist decal
or device
and shall | ||||||
13 | provide for, by administrative
rules, the content and form of | ||||||
14 | an application for a person with disabilities
motorist decal or | ||||||
15 | device,
which shall be used by local authorities in the | ||||||
16 | issuance thereof to a
person with temporary disabilities, | ||||||
17 | provided that the decal or device is
valid for no more than 90 | ||||||
18 | days, subject to renewal for like periods based upon
continued | ||||||
19 | disability, and further provided that the decal or device | ||||||
20 | clearly
sets forth the date that the decal or device expires.
| ||||||
21 | The application shall
include the requirement of an Illinois | ||||||
22 | Identification Card number or a State
of Illinois driver's | ||||||
23 | license number.
This decal or device may be used by the | ||||||
24 | authorized holder to designate and identify a vehicle not owned | ||||||
25 | or displaying a
registration plate as provided in Sections |
| |||||||
| |||||||
1 | 3-609 and 3-616 of this Act to
designate when the vehicle is | ||||||
2 | being used to transport said person or persons
with | ||||||
3 | disabilities, and thus is entitled to enjoy all the privileges | ||||||
4 | that would
be afforded a person with disabilities licensed | ||||||
5 | vehicle.
Person with disabilities decals or devices issued and | ||||||
6 | displayed pursuant to
this Section shall be recognized and | ||||||
7 | honored by all local authorities
regardless of which local | ||||||
8 | authority issued such decal or device.
| ||||||
9 | The decal or device shall be issued only upon a showing by | ||||||
10 | adequate
documentation that the person for whose benefit the | ||||||
11 | decal or device is to be
used has a disability as defined in | ||||||
12 | Section 1-159.1 of this
Code and the disability is temporary.
| ||||||
13 | (b) The local governing authorities shall be responsible | ||||||
14 | for the provision
of such decal or device, its issuance and | ||||||
15 | designated placement within the
vehicle. The cost of such decal | ||||||
16 | or device shall be at the discretion of
such local governing | ||||||
17 | authority.
| ||||||
18 | (c) The Secretary of State may, pursuant to Section | ||||||
19 | 3-616(c), issue
a person with disabilities parking decal or | ||||||
20 | device to a person with
disabilities as defined by Section | ||||||
21 | 1-159.1. Any person with disabilities
parking decal or device | ||||||
22 | issued by the Secretary of State shall be registered to
that | ||||||
23 | person with disabilities in the form to be prescribed by the | ||||||
24 | Secretary of
State. The person with disabilities parking decal | ||||||
25 | or device shall not display
that person's address. One | ||||||
26 | additional decal or device may be issued to an
applicant upon |
| |||||||
| |||||||
1 | his or her written request and with the approval of the
| ||||||
2 | Secretary of
State.
The written request must include a | ||||||
3 | justification of the need for the
additional decal or device.
| ||||||
4 | (c-5) Beginning January 1, 2014, the Secretary shall | ||||||
5 | provide by administrative rule for the issuance of a separate | ||||||
6 | and distinct parking decal or device for persons with | ||||||
7 | disabilities as defined by Section 1-159.1 of this Code and who | ||||||
8 | meet the qualifications under this subsection. The authorized | ||||||
9 | holder of a decal or device issued under this subsection (c-5) | ||||||
10 | shall be exempt from the payment of fees generated by parking | ||||||
11 | in a metered space, a parking area subject to paragraph (10) of | ||||||
12 | subsection (a) of Section 11-209 of this Code, or a publicly | ||||||
13 | owned parking area. | ||||||
14 | The Secretary shall issue a meter-exempt decal or device to | ||||||
15 | a person with
disabilities who: (i) has been issued | ||||||
16 | registration plates under subsection (a) of Section 3-609 or | ||||||
17 | Section 3-616 of this Code or a special decal or device under | ||||||
18 | this Section, (ii) holds a valid Illinois driver's license, and | ||||||
19 | (iii) is unable to do one or more of the following: | ||||||
20 | (1) manage, manipulate, or insert coins, or obtain | ||||||
21 | tickets or tokens in parking meters or ticket machines in | ||||||
22 | parking lots, due to the lack of fine motor control of both | ||||||
23 | hands; | ||||||
24 | (2) reach above his or her head to a height of 42 | ||||||
25 | inches from the ground, due to a lack of finger, hand, or | ||||||
26 | upper extremity strength or mobility; |
| |||||||
| |||||||
1 | (3) approach a parking meter due to his or her use of a | ||||||
2 | wheelchair or other device for mobility; or | ||||||
3 | (4) walk more than 20 feet due to an orthopedic, | ||||||
4 | neurological, cardiovascular, or lung condition in which | ||||||
5 | the degree of debilitation is so severe that it almost | ||||||
6 | completely impedes the ability to walk. | ||||||
7 | The application for a meter-exempt parking decal or device | ||||||
8 | shall contain a statement certified by a licensed physician, | ||||||
9 | physician assistant, or advanced practice registered nurse | ||||||
10 | attesting to the permanent nature of the applicant's condition | ||||||
11 | and verifying that the applicant meets the physical | ||||||
12 | qualifications specified in this subsection (c-5). | ||||||
13 | Notwithstanding the requirements of this subsection (c-5), | ||||||
14 | the Secretary shall issue a meter-exempt decal or device to a | ||||||
15 | person who has been issued registration plates under Section | ||||||
16 | 3-616 of this Code or a special decal or device under this | ||||||
17 | Section, if the applicant is the parent or guardian of a person | ||||||
18 | with disabilities who is under 18 years of age and incapable of | ||||||
19 | driving. | ||||||
20 | (d) Replacement decals or devices may be issued for lost, | ||||||
21 | stolen, or
destroyed decals upon application and payment of a | ||||||
22 | $10 fee. The replacement
fee may be waived for individuals that | ||||||
23 | have claimed and received a grant under
the Senior Citizens and | ||||||
24 | Persons with Disabilities Property Tax Relief Act.
| ||||||
25 | (e) A person classified as a veteran under subsection (e) | ||||||
26 | of Section 6-106 of this Code that has been issued a decal or |
| |||||||
| |||||||
1 | device under this Section shall not be required to submit | ||||||
2 | evidence of disability in order to renew that decal or device | ||||||
3 | if, at the time of initial application, he or she submitted | ||||||
4 | evidence from his or her physician or the Department of | ||||||
5 | Veterans' Affairs that the disability is of a permanent nature. | ||||||
6 | However, the Secretary shall take reasonable steps to ensure | ||||||
7 | the veteran still resides in this State at the time of the | ||||||
8 | renewal. These steps may include requiring the veteran to | ||||||
9 | provide additional documentation or to appear at a Secretary of | ||||||
10 | State facility. To identify veterans who are eligible for this | ||||||
11 | exemption, the Secretary shall compare the list of the persons | ||||||
12 | who have been issued a decal or device to the list of persons | ||||||
13 | who have been issued a vehicle registration plate for veterans | ||||||
14 | with disabilities under Section 3-609 of this Code, or who are | ||||||
15 | identified as a veteran on their driver's license under Section | ||||||
16 | 6-110 of this Code or on their identification card under | ||||||
17 | Section 4 of the Illinois Identification Card Act. | ||||||
18 | (Source: P.A. 98-463, eff. 8-16-13; 98-577, eff. 1-1-14; | ||||||
19 | 98-879, eff. 1-1-15; 99-143, eff. 7-27-15.)
| ||||||
20 | (625 ILCS 5/11-1301.5)
| ||||||
21 | Sec. 11-1301.5. Fictitious or unlawfully altered | ||||||
22 | disability
license plate or parking decal or device. | ||||||
23 | (a) As used in this Section:
| ||||||
24 | "Fictitious disability license plate or parking decal or
| ||||||
25 | device" means any issued disability license plate or parking
|
| |||||||
| |||||||
1 | decal
or device, or any license plate issued to a veteran with | ||||||
2 | a disability under Section 3-609 of this Code, that has been | ||||||
3 | issued by the Secretary of State or an authorized unit
of local | ||||||
4 | government that was issued based upon false information | ||||||
5 | contained on
the required application.
| ||||||
6 | "False information" means any incorrect or inaccurate | ||||||
7 | information
concerning
the name, date of birth, social security | ||||||
8 | number, driver's license number,
physician certification, or | ||||||
9 | any other information required on the Persons with Disabilities | ||||||
10 | Certification for Plate or Parking Placard, on the Application | ||||||
11 | for Replacement Disability Parking Placard, or on the
| ||||||
12 | application
for license plates issued to veterans with | ||||||
13 | disabilities under Section 3-609 of this Code, that
falsifies | ||||||
14 | the content of the application.
| ||||||
15 | "Unlawfully altered disability
license plate or parking
| ||||||
16 | permit or device" means any disability license plate or parking
| ||||||
17 | permit or device, or any license plate issued to a veteran with | ||||||
18 | a disability under Section 3-609 of this Code, issued by the | ||||||
19 | Secretary of State or an authorized unit of
local government | ||||||
20 | that has been physically altered or changed in such manner
that | ||||||
21 | false information appears on the license plate or parking decal | ||||||
22 | or device.
| ||||||
23 | "Authorized holder" means an individual issued a | ||||||
24 | disability
license plate under Section 3-616 of this Code or an | ||||||
25 | individual issued a parking decal or device under Section | ||||||
26 | 11-1301.2 of this Code, or an individual issued a license plate |
| |||||||
| |||||||
1 | for veterans with disabilities under Section 3-609 of this | ||||||
2 | Code.
| ||||||
3 | (b) It is a violation of this Section for any person:
| ||||||
4 | (1) to knowingly possess any fictitious or unlawfully | ||||||
5 | altered disability license plate or parking decal or | ||||||
6 | device;
| ||||||
7 | (2) to knowingly issue or assist in the issuance of, by | ||||||
8 | the Secretary of
State or unit of local government, any | ||||||
9 | fictitious disability
license plate or parking decal or | ||||||
10 | device;
| ||||||
11 | (3) to knowingly alter any disability license plate or
| ||||||
12 | parking decal or device;
| ||||||
13 | (4) to knowingly manufacture, possess, transfer, or | ||||||
14 | provide any
documentation used in the application process | ||||||
15 | whether real or fictitious, for
the purpose of obtaining a | ||||||
16 | fictitious disability license plate or
parking decal or | ||||||
17 | device;
| ||||||
18 | (5) to knowingly provide any false information to the | ||||||
19 | Secretary of State
or a unit of local government in order | ||||||
20 | to obtain a disability
license plate or parking decal or | ||||||
21 | device;
| ||||||
22 | (6) to knowingly transfer a disability license plate or
| ||||||
23 | parking decal or device for the purpose of exercising the | ||||||
24 | privileges granted
to an authorized holder of a disability
| ||||||
25 | license plate or parking
decal or device under this Code in | ||||||
26 | the absence of the authorized holder; or
|
| |||||||
| |||||||
1 | (7) who is a physician, physician assistant, or | ||||||
2 | advanced practice registered nurse to knowingly falsify a | ||||||
3 | certification that a person is a person with disabilities | ||||||
4 | as defined by Section 1-159.1 of this Code. | ||||||
5 | (c) Sentence.
| ||||||
6 | (1) Any person convicted of a violation of paragraph | ||||||
7 | (1), (2), (3), (4), (5), or (7) of subsection (b) of this | ||||||
8 | Section shall be guilty of
a Class A misdemeanor and fined | ||||||
9 | not less than $1,000 for a first offense and shall be | ||||||
10 | guilty of a Class 4 felony and fined not less than $2,000 | ||||||
11 | for a second or subsequent offense. Any person convicted of | ||||||
12 | a violation of subdivision (b)(6) of this Section is guilty | ||||||
13 | of a Class A misdemeanor and shall be fined not less than | ||||||
14 | $1,000 for a first offense and not less than $2,000 for a | ||||||
15 | second or subsequent offense. The circuit clerk shall | ||||||
16 | distribute one-half of any fine imposed on any person who | ||||||
17 | is found guilty of or pleads guilty to violating this | ||||||
18 | Section, including any person placed on court supervision | ||||||
19 | for violating this Section, to the law enforcement agency | ||||||
20 | that issued the citation or made the arrest. If more than | ||||||
21 | one law enforcement agency is responsible for issuing the | ||||||
22 | citation or making the arrest, one-half of the fine imposed | ||||||
23 | shall be shared equally.
| ||||||
24 | (2) Any person who commits a violation of this Section | ||||||
25 | or a similar provision of a local ordinance may have his
or | ||||||
26 | her driving privileges suspended or revoked by the |
| |||||||
| |||||||
1 | Secretary of State for a
period of time determined by the | ||||||
2 | Secretary of State. The Secretary of State may suspend or | ||||||
3 | revoke the parking decal or device or the disability | ||||||
4 | license plate of any person who commits a violation of this | ||||||
5 | Section.
| ||||||
6 | (3) Any police officer may seize the parking decal or | ||||||
7 | device from any
person who commits a violation of this | ||||||
8 | Section. Any police officer may seize
the disability | ||||||
9 | license plate upon authorization from the
Secretary of | ||||||
10 | State. Any police officer may request that the Secretary of | ||||||
11 | State
revoke the parking decal or device or the disability | ||||||
12 | license
plate of any person who commits a violation of this | ||||||
13 | Section.
| ||||||
14 | (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
| ||||||
15 | Section 310. The Boat Registration and Safety Act is | ||||||
16 | amended by changing Section 5-16c as follows: | ||||||
17 | (625 ILCS 45/5-16c) | ||||||
18 | Sec. 5-16c. Operator involvement in personal injury or | ||||||
19 | fatal boating accident; chemical tests. | ||||||
20 | (a) Any person who operates or is in actual physical | ||||||
21 | control of a motorboat within this State and who has been | ||||||
22 | involved in a personal injury or fatal boating accident shall | ||||||
23 | be deemed to have given consent to a breath test using a | ||||||
24 | portable device as approved by the Department of State Police |
| |||||||
| |||||||
1 | or to a chemical test or tests of blood, breath, other bodily | ||||||
2 | substance, or urine for the purpose of determining the content | ||||||
3 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
4 | compounds of the person's blood if arrested as evidenced by the | ||||||
5 | issuance of a uniform citation for a violation of the Boat | ||||||
6 | Registration and Safety Act or a similar provision of a local | ||||||
7 | ordinance, with the exception of equipment violations | ||||||
8 | contained in Article IV of this Act or similar provisions of | ||||||
9 | local ordinances. The test or tests shall be administered at | ||||||
10 | the direction of the arresting officer. The law enforcement | ||||||
11 | agency employing the officer shall designate which of the | ||||||
12 | aforesaid tests shall be administered. Up to 2 additional tests | ||||||
13 | of urine or other bodily substance may be administered even | ||||||
14 | after a blood or breath test or both has been administered. | ||||||
15 | Compliance with this Section does not relieve the person from | ||||||
16 | the requirements of any other Section of this Act. | ||||||
17 | (b) Any person who is dead, unconscious, or who is | ||||||
18 | otherwise in a
condition rendering that person incapable of | ||||||
19 | refusal shall be deemed not to
have withdrawn the consent | ||||||
20 | provided by subsection (a) of this Section. In
addition, if an | ||||||
21 | operator of a motorboat is receiving medical treatment as a
| ||||||
22 | result of a boating accident, any physician licensed to | ||||||
23 | practice
medicine, licensed physician assistant, licensed | ||||||
24 | advanced practice registered nurse, registered nurse, or a | ||||||
25 | phlebotomist acting under the direction of
a licensed physician | ||||||
26 | shall withdraw blood for testing purposes to ascertain
the |
| |||||||
| |||||||
1 | presence of alcohol, other drug or drugs, or intoxicating
| ||||||
2 | compound or compounds, upon the specific request of a law
| ||||||
3 | enforcement officer. However, this testing shall not be | ||||||
4 | performed until, in
the opinion of the medical personnel on | ||||||
5 | scene, the withdrawal can be made
without interfering with or | ||||||
6 | endangering the well-being of the patient. | ||||||
7 | (c) A person who is a CDL holder requested to submit to a | ||||||
8 | test under subsection (a) of this Section shall be
warned by | ||||||
9 | the law enforcement officer requesting the test that a refusal | ||||||
10 | to
submit to the test, or submission to the test resulting in | ||||||
11 | an alcohol
concentration of 0.08 or more, or any amount of a | ||||||
12 | drug, substance,
or intoxicating compound
resulting from the | ||||||
13 | unlawful use or consumption of cannabis listed in the
Cannabis | ||||||
14 | Control Act, a controlled substance listed in the Illinois
| ||||||
15 | Controlled Substances Act, an intoxicating compound listed in | ||||||
16 | the Use of
Intoxicating Compounds Act, or methamphetamine as | ||||||
17 | listed in the Methamphetamine Control and Community Protection | ||||||
18 | Act as detected in the person's blood, other bodily substance, | ||||||
19 | or urine, may
result in the suspension of the person's | ||||||
20 | privilege to operate a motor vehicle and may result in the | ||||||
21 | disqualification of the person's privilege to operate a | ||||||
22 | commercial motor vehicle, as provided in Section 6-514 of the | ||||||
23 | Illinois Vehicle Code. A person who is not a CDL holder | ||||||
24 | requested to submit to a test under subsection (a) of this | ||||||
25 | Section shall be
warned by the law enforcement officer | ||||||
26 | requesting the test that a refusal to
submit to the test, or |
| |||||||
| |||||||
1 | submission to the test resulting in an alcohol
concentration of | ||||||
2 | 0.08 or more, a tetrahydrocannabinol concentration in the | ||||||
3 | person's whole blood or other bodily substance as defined in | ||||||
4 | paragraph 6 of subsection (a) of Section 11-501.2 of the | ||||||
5 | Illinois Vehicle Code, or any amount of a drug, substance,
or | ||||||
6 | intoxicating compound
resulting from the unlawful use or | ||||||
7 | consumption of a controlled substance listed in the Illinois
| ||||||
8 | Controlled Substances Act, an intoxicating compound listed in | ||||||
9 | the Use of
Intoxicating Compounds Act, or methamphetamine as | ||||||
10 | listed in the Methamphetamine Control and Community Protection | ||||||
11 | Act as detected in the person's blood, other bodily substance, | ||||||
12 | or urine, may
result in the suspension of the person's | ||||||
13 | privilege to operate a motor vehicle.
The length of the | ||||||
14 | suspension shall be the same as outlined in Section
6-208.1 of | ||||||
15 | the Illinois Vehicle Code regarding statutory summary | ||||||
16 | suspensions. | ||||||
17 | (d) If the person is a CDL holder and refuses testing or | ||||||
18 | submits to a test which discloses
an alcohol concentration of | ||||||
19 | 0.08 or more, or any amount of a drug,
substance,
or | ||||||
20 | intoxicating compound in the person's blood, other bodily | ||||||
21 | substance, or urine resulting from the
unlawful use or
| ||||||
22 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
23 | controlled
substance listed in the Illinois Controlled | ||||||
24 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
25 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
26 | Methamphetamine Control and Community Protection Act, the law
|
| |||||||
| |||||||
1 | enforcement officer shall immediately submit a sworn report to | ||||||
2 | the Secretary of
State on a form prescribed by the Secretary of | ||||||
3 | State, certifying that the test or tests
were requested under | ||||||
4 | subsection (a) of this Section and the person refused to submit | ||||||
5 | to a
test or tests or submitted to testing which disclosed an | ||||||
6 | alcohol concentration
of 0.08 or more, or any amount of a drug, | ||||||
7 | substance, or intoxicating
compound
in the
person's blood, | ||||||
8 | other bodily substance, or urine, resulting from the unlawful | ||||||
9 | use or consumption of
cannabis listed in the Cannabis Control | ||||||
10 | Act, a controlled substance
listed in
the Illinois Controlled | ||||||
11 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
12 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
13 | Methamphetamine Control and Community Protection Act. If the | ||||||
14 | person is not a CDL holder and refuses testing or submits to a | ||||||
15 | test which discloses
an alcohol concentration of 0.08 or more, | ||||||
16 | a tetrahydrocannabinol concentration in the person's whole | ||||||
17 | blood or other bodily substance as defined in paragraph 6 of | ||||||
18 | subsection (a) of Section 11-501.2 of the Illinois Vehicle | ||||||
19 | Code, or any amount of a drug,
substance,
or intoxicating | ||||||
20 | compound in the person's blood, other bodily substance, or | ||||||
21 | urine resulting from the
unlawful use or
consumption of a | ||||||
22 | controlled
substance listed in the Illinois Controlled | ||||||
23 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
24 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
25 | Methamphetamine Control and Community Protection Act, the law
| ||||||
26 | enforcement officer shall immediately submit a sworn report to |
| |||||||
| |||||||
1 | the Secretary of
State on a form prescribed by the Secretary of | ||||||
2 | State, certifying that the test or tests
were requested under | ||||||
3 | subsection (a) of this Section and the person refused to submit | ||||||
4 | to a
test or tests or submitted to testing which disclosed an | ||||||
5 | alcohol concentration
of 0.08 or more, a tetrahydrocannabinol | ||||||
6 | concentration in the person's whole blood or other bodily | ||||||
7 | substance as defined in paragraph 6 of subsection (a) of | ||||||
8 | Section 11-501.2 of the Illinois Vehicle Code, or any amount of | ||||||
9 | a drug, substance, or intoxicating
compound
in the
person's | ||||||
10 | blood or urine, resulting from the unlawful use or consumption | ||||||
11 | of
a controlled substance
listed in
the Illinois Controlled | ||||||
12 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
13 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
14 | Methamphetamine Control and Community Protection Act. | ||||||
15 | Upon receipt of the sworn report of a law enforcement | ||||||
16 | officer, the
Secretary of State shall enter the suspension and | ||||||
17 | disqualification to the person's driving record and the
| ||||||
18 | suspension and disqualification shall be effective on the 46th | ||||||
19 | day following the date notice of the
suspension was given to | ||||||
20 | the person. | ||||||
21 | The law enforcement officer submitting the sworn report | ||||||
22 | shall serve immediate
notice of this suspension on the person | ||||||
23 | and this suspension and disqualification shall be effective
on | ||||||
24 | the 46th day following the date notice was given. | ||||||
25 | In cases involving a person who is a CDL holder where the | ||||||
26 | blood alcohol concentration of 0.08 or more,
or any amount
of a |
| |||||||
| |||||||
1 | drug, substance, or intoxicating compound resulting from the | ||||||
2 | unlawful
use or
consumption of cannabis listed in the Cannabis | ||||||
3 | Control Act, a
controlled
substance listed in the Illinois | ||||||
4 | Controlled Substances Act,
an
intoxicating
compound listed in | ||||||
5 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
6 | listed in the Methamphetamine Control and Community Protection | ||||||
7 | Act, is established by a
subsequent analysis of blood, other | ||||||
8 | bodily substance, or urine collected at the time of arrest, the
| ||||||
9 | arresting officer shall give notice as provided in this Section | ||||||
10 | or by deposit
in the United States mail of this notice in an | ||||||
11 | envelope with postage prepaid
and addressed to the person at | ||||||
12 | his or her address as shown on the uniform citation and the | ||||||
13 | suspension and disqualification shall be effective on the 46th | ||||||
14 | day following the date
notice was given. In cases involving a | ||||||
15 | person who is not a CDL holder where the blood alcohol | ||||||
16 | concentration of 0.08 or more, a tetrahydrocannabinol | ||||||
17 | concentration in the person's whole blood or other bodily | ||||||
18 | substance as defined in paragraph 6 of subsection (a) of | ||||||
19 | Section 11-501.2 of the Illinois Vehicle Code,
or any amount
of | ||||||
20 | a drug, substance, or intoxicating compound resulting from the | ||||||
21 | unlawful
use or
consumption of a
controlled
substance listed in | ||||||
22 | the Illinois Controlled Substances Act,
an
intoxicating
| ||||||
23 | compound listed in the Use of Intoxicating Compounds Act, or | ||||||
24 | methamphetamine as listed in the Methamphetamine Control and | ||||||
25 | Community Protection Act, is established by a
subsequent | ||||||
26 | analysis of blood, other bodily substance, or urine collected |
| |||||||
| |||||||
1 | at the time of arrest, the
arresting officer shall give notice | ||||||
2 | as provided in this Section or by deposit
in the United States | ||||||
3 | mail of this notice in an envelope with postage prepaid
and | ||||||
4 | addressed to the person at his or her address as shown on the | ||||||
5 | uniform citation and the suspension shall be effective on the | ||||||
6 | 46th day following the date
notice was given. | ||||||
7 | Upon receipt of the sworn report of a law enforcement | ||||||
8 | officer, the Secretary of State
shall also give notice of the | ||||||
9 | suspension and disqualification to the person by mailing a | ||||||
10 | notice of
the effective date of the suspension and | ||||||
11 | disqualification to the person. However, should the
sworn | ||||||
12 | report be defective by not containing sufficient information or | ||||||
13 | be
completed in error, the notice of the suspension and | ||||||
14 | disqualification shall not be mailed to the
person or entered | ||||||
15 | to the driving record, but rather the sworn report shall be
| ||||||
16 | returned to the issuing law enforcement agency. | ||||||
17 | (e) A person may contest this suspension of his or her
| ||||||
18 | driving privileges and disqualification of his or her CDL | ||||||
19 | privileges by
requesting an administrative hearing with the | ||||||
20 | Secretary of State in accordance with
Section 2-118 of the | ||||||
21 | Illinois Vehicle Code. At the conclusion of a hearing held | ||||||
22 | under
Section 2-118 of the Illinois Vehicle Code, the Secretary | ||||||
23 | of State may rescind, continue, or modify the
orders
of | ||||||
24 | suspension and disqualification. If the Secretary of State does | ||||||
25 | not rescind the orders of suspension and disqualification, a | ||||||
26 | restricted
driving permit may be granted by the Secretary of |
| |||||||
| |||||||
1 | State upon application being made and
good cause shown. A | ||||||
2 | restricted driving permit may be granted to relieve undue
| ||||||
3 | hardship to allow driving for employment, educational, and | ||||||
4 | medical purposes as
outlined in Section 6-206 of the Illinois | ||||||
5 | Vehicle Code. The provisions of Section 6-206 of
the Illinois | ||||||
6 | Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the | ||||||
7 | Secretary of State may not issue a restricted driving permit | ||||||
8 | for the operation of a commercial motor vehicle to a person | ||||||
9 | holding a CDL whose driving privileges have been suspended, | ||||||
10 | revoked, cancelled, or disqualified. | ||||||
11 | (f) For the purposes of this Section, a personal injury | ||||||
12 | shall include
any type A injury as indicated on the accident | ||||||
13 | report completed
by a law enforcement officer that requires | ||||||
14 | immediate professional attention
in a doctor's office or a | ||||||
15 | medical facility. A type A injury shall
include severely | ||||||
16 | bleeding wounds, distorted extremities, and injuries that
| ||||||
17 | require the injured party to be carried from the scene.
| ||||||
18 | (Source: P.A. 98-103, eff. 1-1-14; 99-697, eff. 7-29-16.) | ||||||
19 | Section 315. The Criminal Code of 2012 is amended by | ||||||
20 | changing Section 9-1 as follows: | ||||||
21 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
22 | Sec. 9-1. First degree Murder - Death penalties - | ||||||
23 | Exceptions - Separate
Hearings - Proof - Findings - Appellate | ||||||
24 | procedures - Reversals.
|
| |||||||
| |||||||
1 | (a) A person who kills an individual without lawful | ||||||
2 | justification commits
first degree murder if, in performing the | ||||||
3 | acts which cause the death:
| ||||||
4 | (1) he either intends to kill or do great bodily harm | ||||||
5 | to that
individual or another, or knows that such acts will | ||||||
6 | cause death to that
individual or another; or
| ||||||
7 | (2) he knows that such acts create a strong probability | ||||||
8 | of death or
great bodily harm to that individual or | ||||||
9 | another; or
| ||||||
10 | (3) he is attempting or committing a forcible felony | ||||||
11 | other than
second degree murder.
| ||||||
12 | (b) Aggravating Factors. A defendant who at the time of the
| ||||||
13 | commission of the offense has attained the age of 18 or more | ||||||
14 | and who has
been found guilty of first degree murder may be | ||||||
15 | sentenced to death if:
| ||||||
16 | (1) the murdered individual was a peace officer or | ||||||
17 | fireman killed in
the course of performing his official | ||||||
18 | duties, to prevent the performance
of his official duties, | ||||||
19 | or in retaliation for performing his official
duties, and | ||||||
20 | the defendant knew or
should have known that the murdered | ||||||
21 | individual was a peace officer or
fireman; or
| ||||||
22 | (2) the murdered individual was an employee of an | ||||||
23 | institution or
facility of the Department of Corrections, | ||||||
24 | or any similar local
correctional agency, killed in the | ||||||
25 | course of performing his official
duties, to prevent the | ||||||
26 | performance of his official duties, or in
retaliation for |
| |||||||
| |||||||
1 | performing his official duties, or the murdered
individual | ||||||
2 | was an inmate at such institution or facility and was | ||||||
3 | killed on the
grounds thereof, or the murdered individual | ||||||
4 | was otherwise present in such
institution or facility with | ||||||
5 | the knowledge and approval of the chief
administrative | ||||||
6 | officer thereof; or
| ||||||
7 | (3) the defendant has been convicted of murdering two | ||||||
8 | or more
individuals under subsection (a) of this Section or | ||||||
9 | under any law of the
United States or of any state which is | ||||||
10 | substantially similar to
subsection (a) of this Section | ||||||
11 | regardless of whether the deaths
occurred as the result of | ||||||
12 | the same act or of several related or
unrelated acts so | ||||||
13 | long as the deaths were the result of either an intent
to | ||||||
14 | kill more than one person or of separate acts which
the | ||||||
15 | defendant knew would cause death or create a strong | ||||||
16 | probability of
death or great bodily harm to the murdered | ||||||
17 | individual or another; or
| ||||||
18 | (4) the murdered individual was killed as a result of | ||||||
19 | the
hijacking of an airplane, train, ship, bus or other | ||||||
20 | public conveyance; or
| ||||||
21 | (5) the defendant committed the murder pursuant to a | ||||||
22 | contract,
agreement or understanding by which he was to | ||||||
23 | receive money or anything
of value in return for committing | ||||||
24 | the murder or procured another to
commit the murder for | ||||||
25 | money or anything of value; or
| ||||||
26 | (6) the murdered individual was killed in the course of |
| |||||||
| |||||||
1 | another felony if:
| ||||||
2 | (a) the murdered individual:
| ||||||
3 | (i) was actually killed by the defendant, or
| ||||||
4 | (ii) received physical injuries personally | ||||||
5 | inflicted by the defendant
substantially | ||||||
6 | contemporaneously with physical injuries caused by | ||||||
7 | one or
more persons for whose conduct the defendant | ||||||
8 | is legally accountable under
Section 5-2 of this | ||||||
9 | Code, and the physical injuries inflicted by | ||||||
10 | either
the defendant or the other person or persons | ||||||
11 | for whose conduct he is legally
accountable caused | ||||||
12 | the death of the murdered individual; and
| ||||||
13 | (b) in performing the acts which caused the death | ||||||
14 | of the murdered
individual or which resulted in | ||||||
15 | physical injuries personally inflicted by
the | ||||||
16 | defendant on the murdered individual under the | ||||||
17 | circumstances of
subdivision (ii) of subparagraph (a) | ||||||
18 | of paragraph (6) of subsection (b) of
this Section, the | ||||||
19 | defendant acted with the intent to kill the murdered
| ||||||
20 | individual or with the knowledge that his acts created | ||||||
21 | a strong probability
of death or great bodily harm to | ||||||
22 | the murdered individual or another; and
| ||||||
23 | (c) the other felony was an inherently violent | ||||||
24 | crime
or the attempt to commit an inherently
violent | ||||||
25 | crime.
In this subparagraph (c), "inherently violent | ||||||
26 | crime" includes, but is not
limited to, armed robbery, |
| |||||||
| |||||||
1 | robbery, predatory criminal sexual assault of a
child,
| ||||||
2 | aggravated criminal sexual assault, aggravated | ||||||
3 | kidnapping, aggravated vehicular
hijacking,
aggravated | ||||||
4 | arson, aggravated stalking, residential burglary, and | ||||||
5 | home
invasion; or
| ||||||
6 | (7) the murdered individual was under 12 years of age | ||||||
7 | and the
death resulted from exceptionally brutal or heinous | ||||||
8 | behavior indicative of
wanton cruelty; or
| ||||||
9 | (8) the defendant committed the murder with intent to
| ||||||
10 | prevent the murdered individual from testifying or | ||||||
11 | participating in any
criminal investigation or prosecution
| ||||||
12 | or giving material assistance to the State in any | ||||||
13 | investigation or
prosecution, either against the defendant | ||||||
14 | or another; or the defendant
committed the murder because | ||||||
15 | the murdered individual was a witness in any
prosecution or | ||||||
16 | gave material assistance to the State in any investigation
| ||||||
17 | or prosecution, either against the defendant or another;
| ||||||
18 | for purposes of this paragraph (8), "participating in any | ||||||
19 | criminal
investigation
or prosecution" is intended to | ||||||
20 | include those appearing in the proceedings in
any capacity | ||||||
21 | such as trial judges, prosecutors, defense attorneys,
| ||||||
22 | investigators, witnesses, or jurors; or
| ||||||
23 | (9) the defendant, while committing an offense | ||||||
24 | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||||||
25 | 407 or 407.1 or subsection (b) of
Section
404 of the | ||||||
26 | Illinois Controlled Substances Act, or while engaged in a
|
| |||||||
| |||||||
1 | conspiracy or solicitation to commit such offense, | ||||||
2 | intentionally killed an
individual or counseled, | ||||||
3 | commanded, induced, procured or caused the
intentional | ||||||
4 | killing of the murdered individual; or
| ||||||
5 | (10) the defendant was incarcerated in an institution | ||||||
6 | or facility of
the Department of Corrections at the time of | ||||||
7 | the murder, and while
committing an offense punishable as a | ||||||
8 | felony under Illinois law, or while
engaged in a conspiracy | ||||||
9 | or solicitation to commit such offense,
intentionally | ||||||
10 | killed an individual or counseled, commanded, induced,
| ||||||
11 | procured or caused the intentional killing of the murdered | ||||||
12 | individual; or
| ||||||
13 | (11) the murder was committed in a cold, calculated and | ||||||
14 | premeditated
manner pursuant to a preconceived plan, | ||||||
15 | scheme or design to take a human
life by unlawful means, | ||||||
16 | and the conduct of the defendant created a
reasonable | ||||||
17 | expectation that the death of a human being would result
| ||||||
18 | therefrom; or
| ||||||
19 | (12) the murdered individual was an emergency medical | ||||||
20 | technician -
ambulance, emergency medical technician - | ||||||
21 | intermediate, emergency medical
technician - paramedic, | ||||||
22 | ambulance driver, or
other medical assistance or first aid | ||||||
23 | personnel, employed by a municipality
or other | ||||||
24 | governmental unit, killed in the course of performing his | ||||||
25 | official
duties, to prevent the performance of his official | ||||||
26 | duties, or in retaliation
for performing his official |
| |||||||
| |||||||
1 | duties, and the defendant knew or should have
known that | ||||||
2 | the murdered individual was an emergency medical | ||||||
3 | technician -
ambulance, emergency medical technician - | ||||||
4 | intermediate, emergency medical
technician - paramedic, | ||||||
5 | ambulance driver, or
other medical assistance or first aid | ||||||
6 | personnel; or
| ||||||
7 | (13) the defendant was a principal administrator, | ||||||
8 | organizer, or leader
of a calculated criminal drug | ||||||
9 | conspiracy consisting of a hierarchical position
of | ||||||
10 | authority superior to that of all other members of the | ||||||
11 | conspiracy, and the
defendant counseled, commanded, | ||||||
12 | induced, procured, or caused the intentional
killing of the | ||||||
13 | murdered person;
or
| ||||||
14 | (14) the murder was intentional and involved the | ||||||
15 | infliction of torture.
For
the purpose of this Section | ||||||
16 | torture means the infliction of or subjection to
extreme | ||||||
17 | physical pain, motivated by an intent to increase or | ||||||
18 | prolong the pain,
suffering or agony of the victim; or
| ||||||
19 | (15) the murder was committed as a result of the | ||||||
20 | intentional discharge
of a firearm by the defendant from a | ||||||
21 | motor vehicle and the victim was not
present within the | ||||||
22 | motor vehicle; or
| ||||||
23 | (16) the murdered individual was 60 years of age or | ||||||
24 | older and the death
resulted
from exceptionally brutal or | ||||||
25 | heinous behavior indicative of wanton cruelty; or
| ||||||
26 | (17) the murdered individual was a person with a |
| |||||||
| |||||||
1 | disability and the defendant knew
or
should have known that | ||||||
2 | the murdered individual was a person with a disability. For | ||||||
3 | purposes of
this paragraph (17), "person with a disability" | ||||||
4 | means a person who suffers from a
permanent physical or | ||||||
5 | mental impairment resulting from disease, an injury,
a | ||||||
6 | functional disorder, or a congenital condition that | ||||||
7 | renders the person
incapable of
adequately providing for | ||||||
8 | his or her own health or personal care; or
| ||||||
9 | (18) the murder was committed by reason of any person's | ||||||
10 | activity as a
community policing volunteer or to prevent | ||||||
11 | any person from engaging in activity
as a community | ||||||
12 | policing volunteer; or
| ||||||
13 | (19) the murdered individual was subject to an order of | ||||||
14 | protection and the
murder was committed by a person against | ||||||
15 | whom the same order of protection was
issued under the | ||||||
16 | Illinois Domestic Violence Act of 1986; or
| ||||||
17 | (20) the murdered individual was known by the defendant | ||||||
18 | to be a teacher or
other person employed in any school and | ||||||
19 | the teacher or other employee is upon
the grounds of a | ||||||
20 | school or grounds adjacent to a school, or is in any part | ||||||
21 | of a
building used for school purposes; or
| ||||||
22 | (21) the murder was committed by the defendant in | ||||||
23 | connection with or as
a
result of the offense of terrorism | ||||||
24 | as defined in Section 29D-14.9 of this
Code.
| ||||||
25 | (b-5) Aggravating Factor; Natural Life Imprisonment. A | ||||||
26 | defendant who has been found guilty of first degree murder and |
| |||||||
| |||||||
1 | who at the time of the commission of the offense had attained | ||||||
2 | the age of 18 years or more may be sentenced to natural life | ||||||
3 | imprisonment if
(i) the murdered individual was a physician, | ||||||
4 | physician assistant, psychologist, nurse, or advanced practice | ||||||
5 | registered nurse, (ii) the defendant knew or should have
known | ||||||
6 | that the murdered individual was a physician, physician | ||||||
7 | assistant, psychologist, nurse, or advanced practice | ||||||
8 | registered nurse, and (iii) the murdered individual was killed | ||||||
9 | in the course of acting in his or her capacity as a physician, | ||||||
10 | physician assistant, psychologist, nurse, or advanced practice | ||||||
11 | registered nurse, or to prevent him or her from acting in that | ||||||
12 | capacity, or in retaliation
for his or her acting in that | ||||||
13 | capacity. | ||||||
14 | (c) Consideration of factors in Aggravation and | ||||||
15 | Mitigation.
| ||||||
16 | The court shall consider, or shall instruct the jury to | ||||||
17 | consider any
aggravating and any mitigating factors which are | ||||||
18 | relevant to the
imposition of the death penalty. Aggravating | ||||||
19 | factors may include but
need not be limited to those factors | ||||||
20 | set forth in subsection (b).
Mitigating factors may include but | ||||||
21 | need not be limited to the following:
| ||||||
22 | (1) the defendant has no significant history of prior | ||||||
23 | criminal
activity;
| ||||||
24 | (2) the murder was committed while the defendant was | ||||||
25 | under
the influence of extreme mental or emotional | ||||||
26 | disturbance, although not such
as to constitute a defense |
| |||||||
| |||||||
1 | to prosecution;
| ||||||
2 | (3) the murdered individual was a participant in the
| ||||||
3 | defendant's homicidal conduct or consented to the | ||||||
4 | homicidal act;
| ||||||
5 | (4) the defendant acted under the compulsion of threat | ||||||
6 | or
menace of the imminent infliction of death or great | ||||||
7 | bodily harm;
| ||||||
8 | (5) the defendant was not personally present during
| ||||||
9 | commission of the act or acts causing death;
| ||||||
10 | (6) the defendant's background includes a history of | ||||||
11 | extreme emotional
or physical abuse;
| ||||||
12 | (7) the defendant suffers from a reduced mental | ||||||
13 | capacity.
| ||||||
14 | (d) Separate sentencing hearing.
| ||||||
15 | Where requested by the State, the court shall conduct a | ||||||
16 | separate
sentencing proceeding to determine the existence of | ||||||
17 | factors set forth in
subsection (b) and to consider any | ||||||
18 | aggravating or mitigating factors as
indicated in subsection | ||||||
19 | (c). The proceeding shall be conducted:
| ||||||
20 | (1) before the jury that determined the defendant's | ||||||
21 | guilt; or
| ||||||
22 | (2) before a jury impanelled for the purpose of the | ||||||
23 | proceeding if:
| ||||||
24 | A. the defendant was convicted upon a plea of | ||||||
25 | guilty; or
| ||||||
26 | B. the defendant was convicted after a trial before |
| |||||||
| |||||||
1 | the court
sitting without a jury; or
| ||||||
2 | C. the court for good cause shown discharges the | ||||||
3 | jury that
determined the defendant's guilt; or
| ||||||
4 | (3) before the court alone if the defendant waives a | ||||||
5 | jury
for the separate proceeding.
| ||||||
6 | (e) Evidence and Argument.
| ||||||
7 | During the proceeding any information relevant to any of | ||||||
8 | the factors
set forth in subsection (b) may be presented by | ||||||
9 | either the State or the
defendant under the rules governing the | ||||||
10 | admission of evidence at
criminal trials. Any information | ||||||
11 | relevant to any additional aggravating
factors or any | ||||||
12 | mitigating factors indicated in subsection (c) may be
presented | ||||||
13 | by the State or defendant regardless of its admissibility
under | ||||||
14 | the rules governing the admission of evidence at criminal | ||||||
15 | trials.
The State and the defendant shall be given fair | ||||||
16 | opportunity to rebut any
information received at the hearing.
| ||||||
17 | (f) Proof.
| ||||||
18 | The burden of proof of establishing the existence of any of | ||||||
19 | the
factors set forth in subsection (b) is on the State and | ||||||
20 | shall not be
satisfied unless established beyond a reasonable | ||||||
21 | doubt.
| ||||||
22 | (g) Procedure - Jury.
| ||||||
23 | If at the separate sentencing proceeding the jury finds | ||||||
24 | that none of
the factors set forth in subsection (b) exists, | ||||||
25 | the court shall sentence
the defendant to a term of | ||||||
26 | imprisonment under Chapter V of the Unified
Code of |
| |||||||
| |||||||
1 | Corrections. If there is a unanimous finding by the jury that
| ||||||
2 | one or more of the factors set forth in subsection (b) exist, | ||||||
3 | the jury
shall consider aggravating and mitigating factors as | ||||||
4 | instructed by the
court and shall determine whether the | ||||||
5 | sentence of death shall be
imposed. If the jury determines | ||||||
6 | unanimously, after weighing the factors in
aggravation and | ||||||
7 | mitigation, that death is the appropriate sentence, the court | ||||||
8 | shall sentence the defendant to death.
If the court does not | ||||||
9 | concur with the jury determination that death is the
| ||||||
10 | appropriate sentence, the court shall set forth reasons in | ||||||
11 | writing
including what facts or circumstances the court relied | ||||||
12 | upon,
along with any relevant
documents, that compelled the | ||||||
13 | court to non-concur with the sentence. This
document and any | ||||||
14 | attachments shall be part of the record for appellate
review. | ||||||
15 | The court shall be bound by the jury's sentencing | ||||||
16 | determination.
| ||||||
17 | If after weighing the factors in aggravation and | ||||||
18 | mitigation, one or more
jurors determines that death is not the | ||||||
19 | appropriate sentence,
the
court shall sentence the defendant to | ||||||
20 | a term of imprisonment under
Chapter V of the Unified Code of | ||||||
21 | Corrections.
| ||||||
22 | (h) Procedure - No Jury.
| ||||||
23 | In a proceeding before the court alone, if the court finds | ||||||
24 | that none
of the factors found in subsection (b) exists, the | ||||||
25 | court shall sentence
the defendant to a term of imprisonment | ||||||
26 | under Chapter V of the Unified
Code of Corrections.
|
| |||||||
| |||||||
1 | If the Court determines that one or more of the factors set | ||||||
2 | forth in
subsection (b) exists, the Court shall consider any | ||||||
3 | aggravating and
mitigating factors as indicated in subsection | ||||||
4 | (c). If the Court
determines, after weighing the factors in | ||||||
5 | aggravation and mitigation, that
death is the appropriate | ||||||
6 | sentence, the Court shall sentence the
defendant to death.
| ||||||
7 | If
the court finds that death is not the
appropriate | ||||||
8 | sentence, the
court shall sentence the defendant to a term of | ||||||
9 | imprisonment under
Chapter V of the Unified Code of | ||||||
10 | Corrections.
| ||||||
11 | (h-5) Decertification as a capital case.
| ||||||
12 | In a case in which the defendant has been found guilty of | ||||||
13 | first degree murder
by a judge or jury, or a case on remand for | ||||||
14 | resentencing, and the State seeks
the death penalty as an | ||||||
15 | appropriate
sentence,
on the court's own motion or the written | ||||||
16 | motion of the defendant, the court
may decertify the case as a | ||||||
17 | death penalty case if the court finds that the only
evidence | ||||||
18 | supporting the defendant's conviction is the uncorroborated | ||||||
19 | testimony
of an informant witness, as defined in Section 115-21 | ||||||
20 | of the Code of Criminal
Procedure of 1963, concerning the | ||||||
21 | confession or admission of the defendant or
that the sole | ||||||
22 | evidence against the defendant is a single eyewitness or single
| ||||||
23 | accomplice without any other corroborating evidence.
If the | ||||||
24 | court decertifies the case as a capital case
under either of | ||||||
25 | the grounds set forth above, the court shall issue a
written | ||||||
26 | finding. The State may pursue its right to appeal the |
| |||||||
| |||||||
1 | decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||||||
2 | the court does not
decertify the case as a capital case, the | ||||||
3 | matter shall proceed to the
eligibility phase of the sentencing | ||||||
4 | hearing.
| ||||||
5 | (i) Appellate Procedure.
| ||||||
6 | The conviction and sentence of death shall be subject to | ||||||
7 | automatic
review by the Supreme Court. Such review shall be in | ||||||
8 | accordance with
rules promulgated by the Supreme Court.
The | ||||||
9 | Illinois Supreme Court may overturn the death sentence, and | ||||||
10 | order the
imposition of imprisonment under Chapter V of the | ||||||
11 | Unified Code of
Corrections if the court finds that the death | ||||||
12 | sentence is fundamentally
unjust as applied to the particular | ||||||
13 | case.
If the Illinois Supreme Court finds that the
death | ||||||
14 | sentence is fundamentally unjust as applied to the particular | ||||||
15 | case,
independent of any procedural grounds for relief, the | ||||||
16 | Illinois Supreme Court
shall issue a written opinion explaining | ||||||
17 | this finding.
| ||||||
18 | (j) Disposition of reversed death sentence.
| ||||||
19 | In the event that the death penalty in this Act is held to | ||||||
20 | be
unconstitutional by the Supreme Court of the United States | ||||||
21 | or of the
State of Illinois, any person convicted of first | ||||||
22 | degree murder shall be
sentenced by the court to a term of | ||||||
23 | imprisonment under Chapter V of the
Unified Code of | ||||||
24 | Corrections.
| ||||||
25 | In the event that any death sentence pursuant to the | ||||||
26 | sentencing
provisions of this Section is declared |
| |||||||
| |||||||
1 | unconstitutional by the Supreme
Court of the United States or | ||||||
2 | of the State of Illinois, the court having
jurisdiction over a | ||||||
3 | person previously sentenced to death shall cause the
defendant | ||||||
4 | to be brought before the court, and the court shall sentence
| ||||||
5 | the defendant to a term of imprisonment under Chapter V of the
| ||||||
6 | Unified Code of Corrections.
| ||||||
7 | (k) Guidelines for seeking the death penalty.
| ||||||
8 | The Attorney General and
State's Attorneys Association | ||||||
9 | shall consult on voluntary guidelines for
procedures governing | ||||||
10 | whether or not to seek the death penalty. The guidelines
do not
| ||||||
11 | have the force of law and are only advisory in nature.
| ||||||
12 | (Source: P.A. 99-143, eff. 7-27-15.) | ||||||
13 | Section 320. The Illinois Controlled Substances Act is | ||||||
14 | amended by changing Sections 102, 302, 303.05, 313, and 320 as | ||||||
15 | follows: | ||||||
16 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
17 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
18 | context
otherwise requires:
| ||||||
19 | (a) "Addict" means any person who habitually uses any drug, | ||||||
20 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
21 | to endanger the public
morals, health, safety or welfare or who | ||||||
22 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
23 | substance other than alcohol as to have lost
the power of self | ||||||
24 | control with reference to his or her addiction.
|
| |||||||
| |||||||
1 | (b) "Administer" means the direct application of a | ||||||
2 | controlled
substance, whether by injection, inhalation, | ||||||
3 | ingestion, or any other
means, to the body of a patient, | ||||||
4 | research subject, or animal (as
defined by the Humane | ||||||
5 | Euthanasia in Animal Shelters Act) by:
| ||||||
6 | (1) a practitioner (or, in his or her presence, by his | ||||||
7 | or her authorized agent),
| ||||||
8 | (2) the patient or research subject pursuant to an | ||||||
9 | order, or
| ||||||
10 | (3) a euthanasia technician as defined by the Humane | ||||||
11 | Euthanasia in
Animal Shelters Act.
| ||||||
12 | (c) "Agent" means an authorized person who acts on behalf | ||||||
13 | of or at
the direction of a manufacturer, distributor, | ||||||
14 | dispenser, prescriber, or practitioner. It does not
include a | ||||||
15 | common or contract carrier, public warehouseman or employee of
| ||||||
16 | the carrier or warehouseman.
| ||||||
17 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
18 | substance,
chemically and pharmacologically related to | ||||||
19 | testosterone (other than
estrogens, progestins, | ||||||
20 | corticosteroids, and dehydroepiandrosterone),
and includes:
| ||||||
21 | (i) 3[beta],17-dihydroxy-5a-androstane, | ||||||
22 | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||||||
23 | (iii) 5[alpha]-androstan-3,17-dione, | ||||||
24 | (iv) 1-androstenediol (3[beta], | ||||||
25 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
26 | (v) 1-androstenediol (3[alpha], |
| |||||||
| |||||||
1 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
2 | (vi) 4-androstenediol | ||||||
3 | (3[beta],17[beta]-dihydroxy-androst-4-ene), | ||||||
4 | (vii) 5-androstenediol | ||||||
5 | (3[beta],17[beta]-dihydroxy-androst-5-ene), | ||||||
6 | (viii) 1-androstenedione | ||||||
7 | ([5alpha]-androst-1-en-3,17-dione), | ||||||
8 | (ix) 4-androstenedione | ||||||
9 | (androst-4-en-3,17-dione), | ||||||
10 | (x) 5-androstenedione | ||||||
11 | (androst-5-en-3,17-dione), | ||||||
12 | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||||||
13 | hydroxyandrost-4-en-3-one), | ||||||
14 | (xii) boldenone (17[beta]-hydroxyandrost- | ||||||
15 | 1,4,-diene-3-one), | ||||||
16 | (xiii) boldione (androsta-1,4- | ||||||
17 | diene-3,17-dione), | ||||||
18 | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||||||
19 | [beta]-hydroxyandrost-4-en-3-one), | ||||||
20 | (xv) clostebol (4-chloro-17[beta]- | ||||||
21 | hydroxyandrost-4-en-3-one), | ||||||
22 | (xvi) dehydrochloromethyltestosterone (4-chloro- | ||||||
23 | 17[beta]-hydroxy-17[alpha]-methyl- | ||||||
24 | androst-1,4-dien-3-one), | ||||||
25 | (xvii) desoxymethyltestosterone | ||||||
26 | (17[alpha]-methyl-5[alpha] |
| |||||||
| |||||||
1 | -androst-2-en-17[beta]-ol)(a.k.a., madol), | ||||||
2 | (xviii) [delta]1-dihydrotestosterone (a.k.a. | ||||||
3 | '1-testosterone') (17[beta]-hydroxy- | ||||||
4 | 5[alpha]-androst-1-en-3-one), | ||||||
5 | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||||||
6 | androstan-3-one), | ||||||
7 | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||||||
8 | 5[alpha]-androstan-3-one), | ||||||
9 | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||||||
10 | hydroxyestr-4-ene), | ||||||
11 | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||||||
12 | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||||||
13 | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||||||
14 | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||||||
15 | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||||||
16 | hydroxyandrostano[2,3-c]-furazan), | ||||||
17 | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | ||||||
18 | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||||||
19 | androst-4-en-3-one), | ||||||
20 | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||||||
21 | dihydroxy-estr-4-en-3-one), | ||||||
22 | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||||||
23 | hydroxy-5-androstan-3-one), | ||||||
24 | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||||||
25 | [5a]-androstan-3-one), | ||||||
26 | (xxx) methandienone (17[alpha]-methyl-17[beta]- |
| |||||||
| |||||||
1 | hydroxyandrost-1,4-dien-3-one), | ||||||
2 | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||||||
3 | dihydroxyandrost-5-ene), | ||||||
4 | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||||||
5 | 5[alpha]-androst-1-en-3-one), | ||||||
6 | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||||||
7 | dihydroxy-5a-androstane), | ||||||
8 | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||||||
9 | -5a-androstane), | ||||||
10 | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||||||
11 | dihydroxyandrost-4-ene), | ||||||
12 | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||||||
13 | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||||||
14 | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||||||
15 | hydroxyestra-4,9(10)-dien-3-one), | ||||||
16 | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||||||
17 | hydroxyestra-4,9-11-trien-3-one), | ||||||
18 | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||||||
19 | hydroxyandrost-4-en-3-one), | ||||||
20 | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||||||
21 | hydroxyestr-4-en-3-one), | ||||||
22 | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||||||
23 | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||||||
24 | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||||||
25 | 1-testosterone'), | ||||||
26 | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), |
| |||||||
| |||||||
1 | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||||||
2 | dihydroxyestr-4-ene), | ||||||
3 | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||||||
4 | dihydroxyestr-4-ene), | ||||||
5 | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||||||
6 | dihydroxyestr-5-ene), | ||||||
7 | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||||||
8 | dihydroxyestr-5-ene), | ||||||
9 | (xlvii) 19-nor-4,9(10)-androstadienedione | ||||||
10 | (estra-4,9(10)-diene-3,17-dione), | ||||||
11 | (xlviii) 19-nor-4-androstenedione (estr-4- | ||||||
12 | en-3,17-dione), | ||||||
13 | (xlix) 19-nor-5-androstenedione (estr-5- | ||||||
14 | en-3,17-dione), | ||||||
15 | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||||||
16 | hydroxygon-4-en-3-one), | ||||||
17 | (li) norclostebol (4-chloro-17[beta]- | ||||||
18 | hydroxyestr-4-en-3-one), | ||||||
19 | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||||||
20 | hydroxyestr-4-en-3-one), | ||||||
21 | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||||||
22 | hydroxyestr-4-en-3-one), | ||||||
23 | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
24 | 2-oxa-5[alpha]-androstan-3-one), | ||||||
25 | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||||||
26 | dihydroxyandrost-4-en-3-one), |
| |||||||
| |||||||
1 | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||||||
2 | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||||||
3 | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
4 | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||||||
5 | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||||||
6 | (5[alpha]-androst-1-en-3-one), | ||||||
7 | (lix) testolactone (13-hydroxy-3-oxo-13,17- | ||||||
8 | secoandrosta-1,4-dien-17-oic | ||||||
9 | acid lactone), | ||||||
10 | (lx) testosterone (17[beta]-hydroxyandrost- | ||||||
11 | 4-en-3-one), | ||||||
12 | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||||||
13 | diethyl-17[beta]-hydroxygon- | ||||||
14 | 4,9,11-trien-3-one), | ||||||
15 | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||||||
16 | 11-trien-3-one).
| ||||||
17 | Any person who is otherwise lawfully in possession of an | ||||||
18 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
19 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
20 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
21 | expressly intended for and lawfully allowed to be
administered | ||||||
22 | through implants to livestock or other nonhuman species, and
| ||||||
23 | which is approved by the Secretary of Health and Human Services | ||||||
24 | for such
administration, and which the person intends to | ||||||
25 | administer or have
administered through such implants, shall | ||||||
26 | not be considered to be in
unauthorized possession or to |
| |||||||
| |||||||
1 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
2 | possess with intent to deliver such anabolic steroid for
| ||||||
3 | purposes of this Act.
| ||||||
4 | (d) "Administration" means the Drug Enforcement | ||||||
5 | Administration,
United States Department of Justice, or its | ||||||
6 | successor agency.
| ||||||
7 | (d-5) "Clinical Director, Prescription Monitoring Program" | ||||||
8 | means a Department of Human Services administrative employee | ||||||
9 | licensed to either prescribe or dispense controlled substances | ||||||
10 | who shall run the clinical aspects of the Department of Human | ||||||
11 | Services Prescription Monitoring Program and its Prescription | ||||||
12 | Information Library. | ||||||
13 | (d-10) "Compounding" means the preparation and mixing of | ||||||
14 | components, excluding flavorings, (1) as the result of a | ||||||
15 | prescriber's prescription drug order or initiative based on the | ||||||
16 | prescriber-patient-pharmacist relationship in the course of | ||||||
17 | professional practice or (2) for the purpose of, or incident | ||||||
18 | to, research, teaching, or chemical analysis and not for sale | ||||||
19 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
20 | or devices in anticipation of receiving prescription drug | ||||||
21 | orders based on routine, regularly observed dispensing | ||||||
22 | patterns. Commercially available products may be compounded | ||||||
23 | for dispensing to individual patients only if both of the | ||||||
24 | following conditions are met: (i) the commercial product is not | ||||||
25 | reasonably available from normal distribution channels in a | ||||||
26 | timely manner to meet the patient's needs and (ii) the |
| |||||||
| |||||||
1 | prescribing practitioner has requested that the drug be | ||||||
2 | compounded. | ||||||
3 | (e) "Control" means to add a drug or other substance, or | ||||||
4 | immediate
precursor, to a Schedule whether by
transfer from | ||||||
5 | another Schedule or otherwise.
| ||||||
6 | (f) "Controlled Substance" means (i) a drug, substance, | ||||||
7 | immediate
precursor, or synthetic drug in the Schedules of | ||||||
8 | Article II of this Act or (ii) a drug or other substance, or | ||||||
9 | immediate precursor, designated as a controlled substance by | ||||||
10 | the Department through administrative rule. The term does not | ||||||
11 | include distilled spirits, wine, malt beverages, or tobacco, as | ||||||
12 | those terms are
defined or used in the Liquor Control Act of | ||||||
13 | 1934 and the Tobacco Products Tax
Act of 1995.
| ||||||
14 | (f-5) "Controlled substance analog" means a substance: | ||||||
15 | (1) the chemical structure of which is substantially | ||||||
16 | similar to the chemical structure of a controlled substance | ||||||
17 | in Schedule I or II; | ||||||
18 | (2) which has a stimulant, depressant, or | ||||||
19 | hallucinogenic effect on the central nervous system that is | ||||||
20 | substantially similar to or greater than the stimulant, | ||||||
21 | depressant, or hallucinogenic effect on the central | ||||||
22 | nervous system of a controlled substance in Schedule I or | ||||||
23 | II; or | ||||||
24 | (3) with respect to a particular person, which such | ||||||
25 | person represents or intends to have a stimulant, | ||||||
26 | depressant, or hallucinogenic effect on the central |
| |||||||
| |||||||
1 | nervous system that is substantially similar to or greater | ||||||
2 | than the stimulant, depressant, or hallucinogenic effect | ||||||
3 | on the central nervous system of a controlled substance in | ||||||
4 | Schedule I or II. | ||||||
5 | (g) "Counterfeit substance" means a controlled substance, | ||||||
6 | which, or
the container or labeling of which, without | ||||||
7 | authorization bears the
trademark, trade name, or other | ||||||
8 | identifying mark, imprint, number or
device, or any likeness | ||||||
9 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
10 | than the person who in fact manufactured, distributed,
or | ||||||
11 | dispensed the substance.
| ||||||
12 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
13 | or
attempted transfer of possession of a controlled substance, | ||||||
14 | with or
without consideration, whether or not there is an | ||||||
15 | agency relationship.
| ||||||
16 | (i) "Department" means the Illinois Department of Human | ||||||
17 | Services (as
successor to the Department of Alcoholism and | ||||||
18 | Substance Abuse) or its successor agency.
| ||||||
19 | (j) (Blank).
| ||||||
20 | (k) "Department of Corrections" means the Department of | ||||||
21 | Corrections
of the State of Illinois or its successor agency.
| ||||||
22 | (l) "Department of Financial and Professional Regulation" | ||||||
23 | means the Department
of Financial and Professional Regulation | ||||||
24 | of the State of Illinois or its successor agency.
| ||||||
25 | (m) "Depressant" means any drug that (i) causes an overall | ||||||
26 | depression of central nervous system functions, (ii) causes |
| |||||||
| |||||||
1 | impaired consciousness and awareness, and (iii) can be | ||||||
2 | habit-forming or lead to a substance abuse problem, including | ||||||
3 | but not limited to alcohol, cannabis and its active principles | ||||||
4 | and their analogs, benzodiazepines and their analogs, | ||||||
5 | barbiturates and their analogs, opioids (natural and | ||||||
6 | synthetic) and their analogs, and chloral hydrate and similar | ||||||
7 | sedative hypnotics.
| ||||||
8 | (n) (Blank).
| ||||||
9 | (o) "Director" means the Director of the Illinois State | ||||||
10 | Police or his or her designated agents.
| ||||||
11 | (p) "Dispense" means to deliver a controlled substance to | ||||||
12 | an
ultimate user or research subject by or pursuant to the | ||||||
13 | lawful order of
a prescriber, including the prescribing, | ||||||
14 | administering, packaging,
labeling, or compounding necessary | ||||||
15 | to prepare the substance for that
delivery.
| ||||||
16 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
17 | (r) "Distribute" means to deliver, other than by | ||||||
18 | administering or
dispensing, a controlled substance.
| ||||||
19 | (s) "Distributor" means a person who distributes.
| ||||||
20 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
21 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
22 | Pharmacopoeia of the
United States, or official National | ||||||
23 | Formulary, or any supplement to any
of them; (2) substances | ||||||
24 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
25 | prevention of disease in man or animals; (3) substances
(other | ||||||
26 | than food) intended to affect the structure of any function of
|
| |||||||
| |||||||
1 | the body of man or animals and (4) substances intended for use | ||||||
2 | as a
component of any article specified in clause (1), (2), or | ||||||
3 | (3) of this
subsection. It does not include devices or their | ||||||
4 | components, parts, or
accessories.
| ||||||
5 | (t-3) "Electronic health record" or "EHR" means an | ||||||
6 | electronic record of health-related information on an | ||||||
7 | individual that is created, gathered, managed, and consulted by | ||||||
8 | authorized health care clinicians and staff. | ||||||
9 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
10 | Department of Financial and Professional Regulation for the
| ||||||
11 | purpose of animal euthanasia that holds an animal control | ||||||
12 | facility license or
animal
shelter license under the Animal | ||||||
13 | Welfare Act. A euthanasia agency is
authorized to purchase, | ||||||
14 | store, possess, and utilize Schedule II nonnarcotic and
| ||||||
15 | Schedule III nonnarcotic drugs for the sole purpose of animal | ||||||
16 | euthanasia.
| ||||||
17 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
18 | substances
(nonnarcotic controlled substances) that are used | ||||||
19 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
20 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
21 | controlled
substance by a practitioner in the regular course of | ||||||
22 | professional
treatment to or for any person who is under his or | ||||||
23 | her treatment for a
pathology or condition other than that | ||||||
24 | individual's physical or
psychological dependence upon or | ||||||
25 | addiction to a controlled substance,
except as provided herein: | ||||||
26 | and application of the term to a pharmacist
shall mean the |
| |||||||
| |||||||
1 | dispensing of a controlled substance pursuant to the
| ||||||
2 | prescriber's order which in the professional judgment of the | ||||||
3 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
4 | accepted professional
standards including, but not limited to | ||||||
5 | the following, in making the
judgment:
| ||||||
6 | (1) lack of consistency of prescriber-patient | ||||||
7 | relationship,
| ||||||
8 | (2) frequency of prescriptions for same drug by one | ||||||
9 | prescriber for
large numbers of patients,
| ||||||
10 | (3) quantities beyond those normally prescribed,
| ||||||
11 | (4) unusual dosages (recognizing that there may be | ||||||
12 | clinical circumstances where more or less than the usual | ||||||
13 | dose may be used legitimately),
| ||||||
14 | (5) unusual geographic distances between patient, | ||||||
15 | pharmacist and
prescriber,
| ||||||
16 | (6) consistent prescribing of habit-forming drugs.
| ||||||
17 | (u-0.5) "Hallucinogen" means a drug that causes markedly | ||||||
18 | altered sensory perception leading to hallucinations of any | ||||||
19 | type. | ||||||
20 | (u-1) "Home infusion services" means services provided by a | ||||||
21 | pharmacy in
compounding solutions for direct administration to | ||||||
22 | a patient in a private
residence, long-term care facility, or | ||||||
23 | hospice setting by means of parenteral,
intravenous, | ||||||
24 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
25 | (u-5) "Illinois State Police" means the State
Police of the | ||||||
26 | State of Illinois, or its successor agency. |
| |||||||
| |||||||
1 | (v) "Immediate precursor" means a substance:
| ||||||
2 | (1) which the Department has found to be and by rule | ||||||
3 | designated as
being a principal compound used, or produced | ||||||
4 | primarily for use, in the
manufacture of a controlled | ||||||
5 | substance;
| ||||||
6 | (2) which is an immediate chemical intermediary used or | ||||||
7 | likely to
be used in the manufacture of such controlled | ||||||
8 | substance; and
| ||||||
9 | (3) the control of which is necessary to prevent, | ||||||
10 | curtail or limit
the manufacture of such controlled | ||||||
11 | substance.
| ||||||
12 | (w) "Instructional activities" means the acts of teaching, | ||||||
13 | educating
or instructing by practitioners using controlled | ||||||
14 | substances within
educational facilities approved by the State | ||||||
15 | Board of Education or
its successor agency.
| ||||||
16 | (x) "Local authorities" means a duly organized State, | ||||||
17 | County or
Municipal peace unit or police force.
| ||||||
18 | (y) "Look-alike substance" means a substance, other than a | ||||||
19 | controlled
substance which (1) by overall dosage unit | ||||||
20 | appearance, including shape,
color, size, markings or lack | ||||||
21 | thereof, taste, consistency, or any other
identifying physical | ||||||
22 | characteristic of the substance, would lead a reasonable
person | ||||||
23 | to believe that the substance is a controlled substance, or (2) | ||||||
24 | is
expressly or impliedly represented to be a controlled | ||||||
25 | substance or is
distributed under circumstances which would | ||||||
26 | lead a reasonable person to
believe that the substance is a |
| |||||||
| |||||||
1 | controlled substance. For the purpose of
determining whether | ||||||
2 | the representations made or the circumstances of the
| ||||||
3 | distribution would lead a reasonable person to believe the | ||||||
4 | substance to be
a controlled substance under this clause (2) of | ||||||
5 | subsection (y), the court or
other authority may consider the | ||||||
6 | following factors in addition to any other
factor that may be | ||||||
7 | relevant:
| ||||||
8 | (a) statements made by the owner or person in control | ||||||
9 | of the substance
concerning its nature, use or effect;
| ||||||
10 | (b) statements made to the buyer or recipient that the | ||||||
11 | substance may
be resold for profit;
| ||||||
12 | (c) whether the substance is packaged in a manner | ||||||
13 | normally used for the
illegal distribution of controlled | ||||||
14 | substances;
| ||||||
15 | (d) whether the distribution or attempted distribution | ||||||
16 | included an
exchange of or demand for money or other | ||||||
17 | property as consideration, and
whether the amount of the | ||||||
18 | consideration was substantially greater than the
| ||||||
19 | reasonable retail market value of the substance.
| ||||||
20 | Clause (1) of this subsection (y) shall not apply to a | ||||||
21 | noncontrolled
substance in its finished dosage form that was | ||||||
22 | initially introduced into
commerce prior to the initial | ||||||
23 | introduction into commerce of a controlled
substance in its | ||||||
24 | finished dosage form which it may substantially resemble.
| ||||||
25 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
26 | distributing
of noncontrolled substances by persons authorized |
| |||||||
| |||||||
1 | to dispense and
distribute controlled substances under this | ||||||
2 | Act, provided that such action
would be deemed to be carried | ||||||
3 | out in good faith under subsection (u) if the
substances | ||||||
4 | involved were controlled substances.
| ||||||
5 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
6 | manufacture,
preparation, propagation, compounding, | ||||||
7 | processing, packaging, advertising
or distribution of a drug or | ||||||
8 | drugs by any person registered pursuant to
Section 510 of the | ||||||
9 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
10 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
11 | located in a state
of the United States that delivers, | ||||||
12 | dispenses or
distributes, through the United States Postal | ||||||
13 | Service or other common
carrier, to Illinois residents, any | ||||||
14 | substance which requires a prescription.
| ||||||
15 | (z) "Manufacture" means the production, preparation, | ||||||
16 | propagation,
compounding, conversion or processing of a | ||||||
17 | controlled substance other than methamphetamine, either
| ||||||
18 | directly or indirectly, by extraction from substances of | ||||||
19 | natural origin,
or independently by means of chemical | ||||||
20 | synthesis, or by a combination of
extraction and chemical | ||||||
21 | synthesis, and includes any packaging or
repackaging of the | ||||||
22 | substance or labeling of its container, except that
this term | ||||||
23 | does not include:
| ||||||
24 | (1) by an ultimate user, the preparation or compounding | ||||||
25 | of a
controlled substance for his or her own use; or
| ||||||
26 | (2) by a practitioner, or his or her authorized agent |
| |||||||
| |||||||
1 | under his or her
supervision, the preparation, | ||||||
2 | compounding, packaging, or labeling of a
controlled | ||||||
3 | substance:
| ||||||
4 | (a) as an incident to his or her administering or | ||||||
5 | dispensing of a
controlled substance in the course of | ||||||
6 | his or her professional practice; or
| ||||||
7 | (b) as an incident to lawful research, teaching or | ||||||
8 | chemical
analysis and not for sale.
| ||||||
9 | (z-1) (Blank).
| ||||||
10 | (z-5) "Medication shopping" means the conduct prohibited | ||||||
11 | under subsection (a) of Section 314.5 of this Act. | ||||||
12 | (z-10) "Mid-level practitioner" means (i) a physician | ||||||
13 | assistant who has been delegated authority to prescribe through | ||||||
14 | a written delegation of authority by a physician licensed to | ||||||
15 | practice medicine in all of its branches, in accordance with | ||||||
16 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
17 | (ii) an advanced practice registered nurse who has been | ||||||
18 | delegated authority to prescribe through a written delegation | ||||||
19 | of authority by a physician licensed to practice medicine in | ||||||
20 | all of its branches or by a podiatric physician, in accordance | ||||||
21 | with Section 65-40 of the Nurse Practice Act, (iii) an advanced | ||||||
22 | practice registered nurse certified as a nurse practitioner, | ||||||
23 | nurse midwife, or clinical nurse specialist who has been | ||||||
24 | granted authority to prescribe by a hospital affiliate in | ||||||
25 | accordance with Section 65-45 of the Nurse Practice Act, (iv) | ||||||
26 | an animal euthanasia agency, or (v) a prescribing psychologist. |
| |||||||
| |||||||
1 | (aa) "Narcotic drug" means any of the following, whether | ||||||
2 | produced
directly or indirectly by extraction from substances | ||||||
3 | of vegetable origin,
or independently by means of chemical | ||||||
4 | synthesis, or by a combination of
extraction and chemical | ||||||
5 | synthesis:
| ||||||
6 | (1) opium, opiates, derivatives of opium and opiates, | ||||||
7 | including their isomers, esters, ethers, salts, and salts | ||||||
8 | of isomers, esters, and ethers, whenever the existence of | ||||||
9 | such isomers, esters, ethers, and salts is possible within | ||||||
10 | the specific chemical designation; however the term | ||||||
11 | "narcotic drug" does not include the isoquinoline | ||||||
12 | alkaloids of opium;
| ||||||
13 | (2) (blank);
| ||||||
14 | (3) opium poppy and poppy straw;
| ||||||
15 | (4) coca leaves, except coca leaves and extracts of | ||||||
16 | coca leaves from which substantially all of the cocaine and | ||||||
17 | ecgonine, and their isomers, derivatives and salts, have | ||||||
18 | been removed;
| ||||||
19 | (5) cocaine, its salts, optical and geometric isomers, | ||||||
20 | and salts of isomers; | ||||||
21 | (6) ecgonine, its derivatives, their salts, isomers, | ||||||
22 | and salts of isomers; | ||||||
23 | (7) any compound, mixture, or preparation which | ||||||
24 | contains any quantity of any of the substances referred to | ||||||
25 | in subparagraphs (1) through (6). | ||||||
26 | (bb) "Nurse" means a registered nurse licensed under the
|
| |||||||
| |||||||
1 | Nurse Practice Act.
| ||||||
2 | (cc) (Blank).
| ||||||
3 | (dd) "Opiate" means any substance having an addiction | ||||||
4 | forming or
addiction sustaining liability similar to morphine | ||||||
5 | or being capable of
conversion into a drug having addiction | ||||||
6 | forming or addiction sustaining
liability.
| ||||||
7 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
8 | somniferum L., except its seeds.
| ||||||
9 | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||||||
10 | solution or other liquid form of medication intended for | ||||||
11 | administration by mouth, but the term does not include a form | ||||||
12 | of medication intended for buccal, sublingual, or transmucosal | ||||||
13 | administration. | ||||||
14 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
15 | Board of
the State of Illinois or its successor agency.
| ||||||
16 | (gg) "Person" means any individual, corporation, | ||||||
17 | mail-order pharmacy,
government or governmental subdivision or | ||||||
18 | agency, business trust, estate,
trust, partnership or | ||||||
19 | association, or any other entity.
| ||||||
20 | (hh) "Pharmacist" means any person who holds a license or | ||||||
21 | certificate of
registration as a registered pharmacist, a local | ||||||
22 | registered pharmacist
or a registered assistant pharmacist | ||||||
23 | under the Pharmacy Practice Act.
| ||||||
24 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
25 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
26 | Practice Act.
|
| |||||||
| |||||||
1 | (ii-5) "Pharmacy shopping" means the conduct prohibited | ||||||
2 | under subsection (b) of Section 314.5 of this Act. | ||||||
3 | (ii-10) "Physician" (except when the context otherwise | ||||||
4 | requires) means a person licensed to practice medicine in all | ||||||
5 | of its branches. | ||||||
6 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
7 | the opium
poppy, after mowing.
| ||||||
8 | (kk) "Practitioner" means a physician licensed to practice | ||||||
9 | medicine in all
its branches, dentist, optometrist, podiatric | ||||||
10 | physician,
veterinarian, scientific investigator, pharmacist, | ||||||
11 | physician assistant,
advanced practice registered nurse,
| ||||||
12 | licensed practical
nurse, registered nurse, hospital, | ||||||
13 | laboratory, or pharmacy, or other
person licensed, registered, | ||||||
14 | or otherwise lawfully permitted by the
United States or this | ||||||
15 | State to distribute, dispense, conduct research
with respect | ||||||
16 | to, administer or use in teaching or chemical analysis, a
| ||||||
17 | controlled substance in the course of professional practice or | ||||||
18 | research.
| ||||||
19 | (ll) "Pre-printed prescription" means a written | ||||||
20 | prescription upon which
the designated drug has been indicated | ||||||
21 | prior to the time of issuance; the term does not mean a written | ||||||
22 | prescription that is individually generated by machine or | ||||||
23 | computer in the prescriber's office.
| ||||||
24 | (mm) "Prescriber" means a physician licensed to practice | ||||||
25 | medicine in all
its branches, dentist, optometrist, | ||||||
26 | prescribing psychologist licensed under Section 4.2 of the |
| |||||||
| |||||||
1 | Clinical Psychologist Licensing Act with prescriptive | ||||||
2 | authority delegated under Section 4.3 of the Clinical | ||||||
3 | Psychologist Licensing Act, podiatric physician, or
| ||||||
4 | veterinarian who issues a prescription, a physician assistant | ||||||
5 | who
issues a
prescription for a controlled substance
in | ||||||
6 | accordance
with Section 303.05, a written delegation, and a | ||||||
7 | written supervision agreement required under Section 7.5
of the
| ||||||
8 | Physician Assistant Practice Act of 1987, an advanced practice | ||||||
9 | registered
nurse with prescriptive authority delegated under | ||||||
10 | Section 65-40 of the Nurse Practice Act and in accordance with | ||||||
11 | Section 303.05, a written delegation,
and a written
| ||||||
12 | collaborative agreement under Section 65-35 of the Nurse | ||||||
13 | Practice Act, or an advanced practice registered nurse | ||||||
14 | certified as a nurse practitioner, nurse midwife, or clinical | ||||||
15 | nurse specialist who has been granted authority to prescribe by | ||||||
16 | a hospital affiliate in accordance with Section 65-45 of the | ||||||
17 | Nurse Practice Act and in accordance with Section 303.05.
| ||||||
18 | (nn) "Prescription" means a written, facsimile, or oral | ||||||
19 | order, or an electronic order that complies with applicable | ||||||
20 | federal requirements,
of
a physician licensed to practice | ||||||
21 | medicine in all its branches,
dentist, podiatric physician or | ||||||
22 | veterinarian for any controlled
substance, of an optometrist in | ||||||
23 | accordance with Section 15.1 of the Illinois Optometric | ||||||
24 | Practice Act of 1987, of a prescribing psychologist licensed | ||||||
25 | under Section 4.2 of the Clinical Psychologist Licensing Act | ||||||
26 | with prescriptive authority delegated under Section 4.3 of the |
| |||||||
| |||||||
1 | Clinical Psychologist Licensing Act, of a physician assistant | ||||||
2 | for a
controlled substance
in accordance with Section 303.05, a | ||||||
3 | written delegation, and a written supervision agreement | ||||||
4 | required under
Section 7.5 of the
Physician Assistant Practice | ||||||
5 | Act of 1987, of an advanced practice registered
nurse with | ||||||
6 | prescriptive authority delegated under Section 65-40 of the | ||||||
7 | Nurse Practice Act who issues a prescription for a
controlled | ||||||
8 | substance in accordance
with
Section 303.05, a written | ||||||
9 | delegation, and a written collaborative agreement under | ||||||
10 | Section 65-35 of the Nurse Practice Act, or of an advanced | ||||||
11 | practice registered nurse certified as a nurse practitioner, | ||||||
12 | nurse midwife, or clinical nurse specialist who has been | ||||||
13 | granted authority to prescribe by a hospital affiliate in | ||||||
14 | accordance with Section 65-45 of the Nurse Practice Act and in | ||||||
15 | accordance with Section 303.05 when required by law.
| ||||||
16 | (nn-5) "Prescription Information Library" (PIL) means an | ||||||
17 | electronic library that contains reported controlled substance | ||||||
18 | data. | ||||||
19 | (nn-10) "Prescription Monitoring Program" (PMP) means the | ||||||
20 | entity that collects, tracks, and stores reported data on | ||||||
21 | controlled substances and select drugs pursuant to Section 316. | ||||||
22 | (oo) "Production" or "produce" means manufacture, | ||||||
23 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
24 | substance other than methamphetamine.
| ||||||
25 | (pp) "Registrant" means every person who is required to | ||||||
26 | register
under Section 302 of this Act.
|
| |||||||
| |||||||
1 | (qq) "Registry number" means the number assigned to each | ||||||
2 | person
authorized to handle controlled substances under the | ||||||
3 | laws of the United
States and of this State.
| ||||||
4 | (qq-5) "Secretary" means, as the context requires, either | ||||||
5 | the Secretary of the Department or the Secretary of the | ||||||
6 | Department of Financial and Professional Regulation, and the | ||||||
7 | Secretary's designated agents. | ||||||
8 | (rr) "State" includes the State of Illinois and any state, | ||||||
9 | district,
commonwealth, territory, insular possession thereof, | ||||||
10 | and any area
subject to the legal authority of the United | ||||||
11 | States of America.
| ||||||
12 | (rr-5) "Stimulant" means any drug that (i) causes an | ||||||
13 | overall excitation of central nervous system functions, (ii) | ||||||
14 | causes impaired consciousness and awareness, and (iii) can be | ||||||
15 | habit-forming or lead to a substance abuse problem, including | ||||||
16 | but not limited to amphetamines and their analogs, | ||||||
17 | methylphenidate and its analogs, cocaine, and phencyclidine | ||||||
18 | and its analogs. | ||||||
19 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
20 | a
controlled substance for his or her own use or for the use of | ||||||
21 | a member of his or her
household or for administering to an | ||||||
22 | animal owned by him or her or by a member
of his or her | ||||||
23 | household.
| ||||||
24 | (Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14; | ||||||
25 | 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff. | ||||||
26 | 7-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480, |
| |||||||
| |||||||
1 | eff. 9-9-15; 99-642, eff. 7-28-16.)
| ||||||
2 | (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302) | ||||||
3 | Sec. 302. (a) Every person who manufactures, distributes, | ||||||
4 | or dispenses
any controlled substances; engages in chemical | ||||||
5 | analysis, research, or
instructional activities which utilize | ||||||
6 | controlled substances; purchases, stores, or administers | ||||||
7 | euthanasia drugs, within this
State; provides canine odor | ||||||
8 | detection services; proposes to engage in the
manufacture, | ||||||
9 | distribution, or dispensing of any controlled substance; | ||||||
10 | proposes to
engage in chemical analysis, research, or | ||||||
11 | instructional activities
which utilize controlled substances; | ||||||
12 | proposes to engage in purchasing, storing, or
administering | ||||||
13 | euthanasia drugs; or proposes to provide canine odor detection | ||||||
14 | services within this State, must obtain a
registration issued | ||||||
15 | by the Department of Financial and Professional Regulation in
| ||||||
16 | accordance with its rules. The rules shall
include, but not be | ||||||
17 | limited to, setting the expiration date and renewal
period for | ||||||
18 | each registration under this Act. The Department,
any facility | ||||||
19 | or service licensed by the Department, and any veterinary | ||||||
20 | hospital or clinic operated by a veterinarian or veterinarians | ||||||
21 | licensed under the Veterinary Medicine and Surgery Practice Act | ||||||
22 | of 2004 or maintained by a State-supported or publicly funded | ||||||
23 | university or college shall be exempt
from the regulation | ||||||
24 | requirements of this Section; however, such exemption shall not | ||||||
25 | operate to bar the University of Illinois from requesting, nor |
| |||||||
| |||||||
1 | the Department of Financial and Professional Regulation from | ||||||
2 | issuing, a registration to the University of Illinois | ||||||
3 | Veterinary Teaching Hospital under this Act. Neither a request | ||||||
4 | for such registration nor the issuance of such registration to | ||||||
5 | the University of Illinois shall operate to otherwise waive or | ||||||
6 | modify the exemption provided in this subsection (a).
| ||||||
7 | (b) Persons registered by the Department of Financial and | ||||||
8 | Professional Regulation
under this Act to manufacture, | ||||||
9 | distribute, or dispense controlled
substances, engage in | ||||||
10 | chemical analysis, research, or instructional activities which | ||||||
11 | utilize controlled substances, purchase, store, or administer | ||||||
12 | euthanasia drugs, or provide canine odor detection services, | ||||||
13 | may
possess, manufacture, distribute, engage in chemical | ||||||
14 | analysis, research, or instructional activities which utilize | ||||||
15 | controlled substances, dispense those
substances, or purchase, | ||||||
16 | store, or administer euthanasia drugs, or provide canine odor | ||||||
17 | detection services to the
extent authorized by their | ||||||
18 | registration and in conformity
with the other provisions of | ||||||
19 | this Article.
| ||||||
20 | (c) The following persons need not register and may | ||||||
21 | lawfully possess
controlled substances under this Act:
| ||||||
22 | (1) an agent or employee of any registered | ||||||
23 | manufacturer, distributor, or
dispenser of any controlled | ||||||
24 | substance if he or she is acting in the usual course
of his | ||||||
25 | or her employer's lawful business or employment;
| ||||||
26 | (2) a common or contract carrier or warehouseman, or an |
| |||||||
| |||||||
1 | agent or
employee thereof, whose possession of any | ||||||
2 | controlled substance is in the
usual lawful course of such | ||||||
3 | business or employment;
| ||||||
4 | (3) an ultimate user or a person in possession of a | ||||||
5 | controlled substance prescribed for the ultimate user | ||||||
6 | under a lawful prescription of a practitioner, including an | ||||||
7 | advanced practice registered nurse, practical nurse, or | ||||||
8 | registered nurse licensed under the Nurse Practice Act, or | ||||||
9 | a physician assistant licensed under the Physician | ||||||
10 | Assistant Practice Act of 1987, who provides hospice | ||||||
11 | services to a hospice patient or who provides home health | ||||||
12 | services to a person, or a person in possession of any | ||||||
13 | controlled
substance pursuant to a lawful prescription of a | ||||||
14 | practitioner or in lawful
possession of a Schedule V | ||||||
15 | substance. In this Section, "home health services" has the | ||||||
16 | meaning ascribed to it in the Home Health, Home Services, | ||||||
17 | and Home Nursing Agency Licensing Act; and "hospice | ||||||
18 | patient" and "hospice services" have the meanings ascribed | ||||||
19 | to them in the Hospice Program Licensing Act;
| ||||||
20 | (4) officers and employees of this State or of the | ||||||
21 | United States while
acting in the lawful course of their | ||||||
22 | official duties which requires
possession of controlled | ||||||
23 | substances;
| ||||||
24 | (5) a registered pharmacist who is employed in, or the | ||||||
25 | owner of, a
pharmacy licensed under this Act and the | ||||||
26 | Federal Controlled Substances Act,
at the licensed |
| |||||||
| |||||||
1 | location, or if he or she is acting in the usual course of | ||||||
2 | his or her
lawful profession, business, or employment; | ||||||
3 | (6) a holder of a temporary license issued under | ||||||
4 | Section 17 of the Medical Practice
Act of 1987 practicing | ||||||
5 | within the scope of that license and in compliance with the | ||||||
6 | rules adopted
under this Act. In addition to possessing | ||||||
7 | controlled substances, a temporary license holder may
| ||||||
8 | order, administer, and prescribe controlled substances | ||||||
9 | when acting within the scope of his or her
license and in | ||||||
10 | compliance with the rules adopted under this Act.
| ||||||
11 | (d) A separate registration is required at each place of
| ||||||
12 | business or professional practice where the applicant | ||||||
13 | manufactures,
distributes, or dispenses controlled substances, | ||||||
14 | or purchases, stores, or
administers euthanasia drugs.
Persons | ||||||
15 | are required to obtain a separate registration for each
place | ||||||
16 | of business or professional practice where controlled
| ||||||
17 | substances are located or stored. A separate registration is
| ||||||
18 | not required for every location at which a controlled substance
| ||||||
19 | may be prescribed.
| ||||||
20 | (e) The Department of Financial and Professional | ||||||
21 | Regulation or the Illinois
State Police may inspect the | ||||||
22 | controlled premises, as defined in Section
502 of this Act, of | ||||||
23 | a registrant or applicant for registration in
accordance with | ||||||
24 | this Act and the rules promulgated hereunder and with regard
to | ||||||
25 | persons licensed by the Department, in accordance with | ||||||
26 | subsection (bb)
of Section 30-5
of the Alcoholism and Other |
| |||||||
| |||||||
1 | Drug Abuse and Dependency Act and
the rules and
regulations | ||||||
2 | promulgated thereunder.
| ||||||
3 | (Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; 99-642, | ||||||
4 | eff. 7-28-16.)
| ||||||
5 | (720 ILCS 570/303.05)
| ||||||
6 | Sec. 303.05. Mid-level practitioner registration.
| ||||||
7 | (a) The Department of Financial and Professional | ||||||
8 | Regulation shall register licensed
physician assistants, | ||||||
9 | licensed advanced practice registered nurses, and prescribing | ||||||
10 | psychologists licensed under Section 4.2 of the Clinical | ||||||
11 | Psychologist Licensing Act to prescribe and
dispense | ||||||
12 | controlled substances under Section 303 and euthanasia
| ||||||
13 | agencies to purchase, store, or administer animal euthanasia | ||||||
14 | drugs under the
following circumstances:
| ||||||
15 | (1) with respect to physician assistants,
| ||||||
16 | (A) the physician assistant has been
delegated
| ||||||
17 | written authority to prescribe any Schedule III | ||||||
18 | through V controlled substances by a physician | ||||||
19 | licensed to practice medicine in all its
branches in | ||||||
20 | accordance with Section 7.5 of the Physician Assistant | ||||||
21 | Practice Act
of 1987;
and
the physician assistant has
| ||||||
22 | completed the
appropriate application forms and has | ||||||
23 | paid the required fees as set by rule;
or
| ||||||
24 | (B) the physician assistant has been delegated
| ||||||
25 | authority by a supervising physician licensed to |
| |||||||
| |||||||
1 | practice medicine in all its branches to prescribe or | ||||||
2 | dispense Schedule II controlled substances through a | ||||||
3 | written delegation of authority and under the | ||||||
4 | following conditions: | ||||||
5 | (i) Specific Schedule II controlled substances | ||||||
6 | by oral dosage or topical or transdermal | ||||||
7 | application may be delegated, provided that the | ||||||
8 | delegated Schedule II controlled substances are | ||||||
9 | routinely prescribed by the supervising physician. | ||||||
10 | This delegation must identify the specific | ||||||
11 | Schedule II controlled substances by either brand | ||||||
12 | name or generic name. Schedule II controlled | ||||||
13 | substances to be delivered by injection or other | ||||||
14 | route of administration may not be delegated; | ||||||
15 | (ii) any delegation must be of controlled | ||||||
16 | substances prescribed by the supervising | ||||||
17 | physician; | ||||||
18 | (iii) all prescriptions must be limited to no | ||||||
19 | more than a 30-day supply, with any continuation | ||||||
20 | authorized only after prior approval of the | ||||||
21 | supervising physician; | ||||||
22 | (iv) the physician assistant must discuss the | ||||||
23 | condition of any patients for whom a controlled | ||||||
24 | substance is prescribed monthly with the | ||||||
25 | delegating physician; | ||||||
26 | (v) the physician assistant must have |
| |||||||
| |||||||
1 | completed the appropriate application forms and | ||||||
2 | paid the required fees as set by rule; | ||||||
3 | (vi) the physician assistant must provide | ||||||
4 | evidence of satisfactory completion of 45 contact | ||||||
5 | hours in pharmacology from any physician assistant | ||||||
6 | program accredited by the Accreditation Review | ||||||
7 | Commission on Education for the Physician | ||||||
8 | Assistant (ARC-PA), or its predecessor agency, for | ||||||
9 | any new license issued with Schedule II authority | ||||||
10 | after the effective date of this amendatory Act of | ||||||
11 | the 97th General Assembly; and | ||||||
12 | (vii) the physician assistant must annually | ||||||
13 | complete at least 5 hours of continuing education | ||||||
14 | in pharmacology; | ||||||
15 | (2) with respect to advanced practice registered | ||||||
16 | nurses, | ||||||
17 | (A) the advanced practice registered nurse has | ||||||
18 | been delegated
authority to prescribe any Schedule III | ||||||
19 | through V controlled substances by a collaborating | ||||||
20 | physician licensed to practice medicine in all its | ||||||
21 | branches or a collaborating podiatric physician in | ||||||
22 | accordance with Section 65-40 of the Nurse Practice
| ||||||
23 | Act. The advanced practice registered nurse has | ||||||
24 | completed the
appropriate application forms and has | ||||||
25 | paid the required
fees as set by rule; or | ||||||
26 | (B) the advanced practice registered nurse has |
| |||||||
| |||||||
1 | been delegated
authority by a collaborating physician | ||||||
2 | licensed to practice medicine in all its branches or | ||||||
3 | collaborating podiatric physician to prescribe or | ||||||
4 | dispense Schedule II controlled substances through a | ||||||
5 | written delegation of authority and under the | ||||||
6 | following conditions: | ||||||
7 | (i) specific Schedule II controlled substances | ||||||
8 | by oral dosage or topical or transdermal | ||||||
9 | application may be delegated, provided that the | ||||||
10 | delegated Schedule II controlled substances are | ||||||
11 | routinely prescribed by the collaborating | ||||||
12 | physician or podiatric physician. This delegation | ||||||
13 | must identify the specific Schedule II controlled | ||||||
14 | substances by either brand name or generic name. | ||||||
15 | Schedule II controlled substances to be delivered | ||||||
16 | by injection or other route of administration may | ||||||
17 | not be delegated; | ||||||
18 | (ii) any delegation must be of controlled | ||||||
19 | substances prescribed by the collaborating | ||||||
20 | physician or podiatric physician; | ||||||
21 | (iii) all prescriptions must be limited to no | ||||||
22 | more than a 30-day supply, with any continuation | ||||||
23 | authorized only after prior approval of the | ||||||
24 | collaborating physician or podiatric physician; | ||||||
25 | (iv) the advanced practice registered nurse | ||||||
26 | must discuss the condition of any patients for whom |
| |||||||
| |||||||
1 | a controlled substance is prescribed monthly with | ||||||
2 | the delegating physician or podiatric physician or | ||||||
3 | in the course of review as required by Section | ||||||
4 | 65-40 of the Nurse Practice Act; | ||||||
5 | (v) the advanced practice registered nurse | ||||||
6 | must have completed the appropriate application | ||||||
7 | forms and paid the required fees as set by rule; | ||||||
8 | (vi) the advanced practice registered nurse | ||||||
9 | must provide evidence of satisfactory completion | ||||||
10 | of at least 45 graduate contact hours in | ||||||
11 | pharmacology for any new license issued with | ||||||
12 | Schedule II authority after the effective date of | ||||||
13 | this amendatory Act of the 97th General Assembly; | ||||||
14 | and | ||||||
15 | (vii) the advanced practice registered nurse | ||||||
16 | must annually complete 5 hours of continuing | ||||||
17 | education in pharmacology; | ||||||
18 | (2.5) with respect to advanced practice registered | ||||||
19 | nurses certified as nurse practitioners, nurse midwives, | ||||||
20 | or clinical nurse specialists practicing in a hospital | ||||||
21 | affiliate, | ||||||
22 | (A) the advanced practice registered nurse | ||||||
23 | certified as a nurse practitioner, nurse midwife, or | ||||||
24 | clinical nurse specialist has been granted authority | ||||||
25 | to prescribe any Schedule II through V controlled | ||||||
26 | substances by the hospital affiliate upon the |
| |||||||
| |||||||
1 | recommendation of the appropriate physician committee | ||||||
2 | of the hospital affiliate in accordance with Section | ||||||
3 | 65-45 of the Nurse Practice Act, has completed the | ||||||
4 | appropriate application forms, and has paid the | ||||||
5 | required fees as set by rule; and | ||||||
6 | (B) an advanced practice registered nurse | ||||||
7 | certified as a nurse practitioner, nurse midwife, or | ||||||
8 | clinical nurse specialist has been granted authority | ||||||
9 | to prescribe any Schedule II controlled substances by | ||||||
10 | the hospital affiliate upon the recommendation of the | ||||||
11 | appropriate physician committee of the hospital | ||||||
12 | affiliate, then the following conditions must be met: | ||||||
13 | (i) specific Schedule II controlled substances | ||||||
14 | by oral dosage or topical or transdermal | ||||||
15 | application may be designated, provided that the | ||||||
16 | designated Schedule II controlled substances are | ||||||
17 | routinely prescribed by advanced practice | ||||||
18 | registered nurses in their area of certification; | ||||||
19 | this grant of authority must identify the specific | ||||||
20 | Schedule II controlled substances by either brand | ||||||
21 | name or generic name; authority to prescribe or | ||||||
22 | dispense Schedule II controlled substances to be | ||||||
23 | delivered by injection or other route of | ||||||
24 | administration may not be granted; | ||||||
25 | (ii) any grant of authority must be controlled | ||||||
26 | substances limited to the practice of the advanced |
| |||||||
| |||||||
1 | practice registered nurse; | ||||||
2 | (iii) any prescription must be limited to no | ||||||
3 | more than a 30-day supply; | ||||||
4 | (iv) the advanced practice registered nurse | ||||||
5 | must discuss the condition of any patients for whom | ||||||
6 | a controlled substance is prescribed monthly with | ||||||
7 | the appropriate physician committee of the | ||||||
8 | hospital affiliate or its physician designee; and | ||||||
9 | (v) the advanced practice registered nurse | ||||||
10 | must meet the education requirements of this | ||||||
11 | Section; | ||||||
12 | (3) with respect to animal euthanasia agencies, the | ||||||
13 | euthanasia agency has
obtained a license from the | ||||||
14 | Department of
Financial and Professional Regulation and | ||||||
15 | obtained a registration number from the
Department; or
| ||||||
16 | (4) with respect to prescribing psychologists, the | ||||||
17 | prescribing psychologist has been delegated
authority to | ||||||
18 | prescribe any nonnarcotic Schedule III through V | ||||||
19 | controlled substances by a collaborating physician | ||||||
20 | licensed to practice medicine in all its branches in | ||||||
21 | accordance with Section 4.3 of the Clinical Psychologist | ||||||
22 | Licensing Act, and the prescribing psychologist has | ||||||
23 | completed the
appropriate application forms and has paid | ||||||
24 | the required
fees as set by rule. | ||||||
25 | (b) The mid-level practitioner shall only be licensed to | ||||||
26 | prescribe those
schedules of controlled substances for which a |
| |||||||
| |||||||
1 | licensed physician or licensed podiatric physician has | ||||||
2 | delegated
prescriptive authority, except that an animal | ||||||
3 | euthanasia agency does not have any
prescriptive authority.
A | ||||||
4 | physician assistant and an advanced practice registered nurse | ||||||
5 | are prohibited from prescribing medications and controlled | ||||||
6 | substances not set forth in the required written delegation of | ||||||
7 | authority.
| ||||||
8 | (c) Upon completion of all registration requirements, | ||||||
9 | physician
assistants, advanced practice registered nurses, and | ||||||
10 | animal euthanasia agencies may be issued a
mid-level | ||||||
11 | practitioner
controlled substances license for Illinois.
| ||||||
12 | (d) A collaborating physician or podiatric physician may, | ||||||
13 | but is not required to, delegate prescriptive authority to an | ||||||
14 | advanced practice registered nurse as part of a written | ||||||
15 | collaborative agreement, and the delegation of prescriptive | ||||||
16 | authority shall conform to the requirements of Section 65-40 of | ||||||
17 | the Nurse Practice Act. | ||||||
18 | (e) A supervising physician may, but is not required to, | ||||||
19 | delegate prescriptive authority to a physician assistant as | ||||||
20 | part of a written supervision agreement, and the delegation of | ||||||
21 | prescriptive authority shall conform to the requirements of | ||||||
22 | Section 7.5 of the Physician Assistant Practice Act of 1987. | ||||||
23 | (f) Nothing in this Section shall be construed to prohibit | ||||||
24 | generic substitution. | ||||||
25 | (Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14; | ||||||
26 | 99-173, eff. 7-29-15.)
|
| |||||||
| |||||||
1 | (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
| ||||||
2 | Sec. 313. (a) Controlled substances which are lawfully | ||||||
3 | administered in
hospitals or institutions licensed under the | ||||||
4 | Hospital Licensing Act shall
be exempt from the requirements of | ||||||
5 | Sections 312 and 316, except
that the
prescription for the | ||||||
6 | controlled substance shall be in writing on the
patient's | ||||||
7 | record, signed by the prescriber, and dated, and shall state | ||||||
8 | the
name and quantity of controlled substances ordered and the | ||||||
9 | quantity
actually administered. The records of such | ||||||
10 | prescriptions shall be
maintained for two years and shall be | ||||||
11 | available for inspection by officers
and employees of the | ||||||
12 | Illinois State Police and the Department of Financial and
| ||||||
13 | Professional Regulation. | ||||||
14 | The exemption under this subsection (a) does not apply to a | ||||||
15 | prescription (including an outpatient prescription from an | ||||||
16 | emergency department or outpatient clinic) for more than a | ||||||
17 | 72-hour supply of a discharge medication to be consumed outside | ||||||
18 | of the hospital or institution.
| ||||||
19 | (b) Controlled substances that can lawfully be | ||||||
20 | administered or dispensed
directly to a patient in a long-term | ||||||
21 | care facility licensed by the Department
of Public Health as a | ||||||
22 | skilled nursing facility, intermediate care facility, or
| ||||||
23 | long-term care facility for residents under 22 years of age, | ||||||
24 | are exempt from
the requirements of Section 312 except that a | ||||||
25 | prescription
for a
Schedule II controlled substance must be |
| |||||||
| |||||||
1 | either a prescription signed
by the prescriber or a | ||||||
2 | prescription transmitted by the prescriber or
prescriber's | ||||||
3 | agent to the dispensing pharmacy by facsimile. The
facsimile | ||||||
4 | serves as the original prescription and must be maintained for | ||||||
5 | 2
years from the date of issue in the same manner as a written | ||||||
6 | prescription
signed by the prescriber.
| ||||||
7 | (c) A prescription that is generated for a Schedule II | ||||||
8 | controlled substance
to be compounded for direct | ||||||
9 | administration to a patient in a private
residence, long-term | ||||||
10 | care facility, or hospice program
may be transmitted by
| ||||||
11 | facsimile by the prescriber or the prescriber's agent to the | ||||||
12 | pharmacy providing
the home infusion services. The facsimile | ||||||
13 | serves as the original
prescription for purposes of this | ||||||
14 | paragraph (c) and it shall be maintained in
the same manner as | ||||||
15 | the original prescription.
| ||||||
16 | (c-1) A prescription generated for a Schedule II controlled | ||||||
17 | substance for a
patient residing in a hospice certified by | ||||||
18 | Medicare under Title XVIII of the
Social Security Act or
| ||||||
19 | licensed by the State may be transmitted by the practitioner or | ||||||
20 | the
practitioner's
agent to the dispensing pharmacy by | ||||||
21 | facsimile or electronically as provided in Section 311.5. The | ||||||
22 | practitioner or
practitioner's
agent must note on the | ||||||
23 | prescription that the patient is a hospice patient. The
| ||||||
24 | facsimile or electronic record serves as the original | ||||||
25 | prescription for purposes of this
paragraph (c-1) and it shall | ||||||
26 | be maintained in the same manner as the original
prescription.
|
| |||||||
| |||||||
1 | (d) Controlled substances which are lawfully administered
| ||||||
2 | and/or dispensed
in drug abuse treatment programs licensed by | ||||||
3 | the Department shall be exempt
from the requirements of | ||||||
4 | Sections 312 and 316, except that the
prescription
for such | ||||||
5 | controlled substances shall be issued and authenticated
on | ||||||
6 | official prescription logs prepared and maintained in | ||||||
7 | accordance with 77 Ill. Adm. Code 2060: Alcoholism and | ||||||
8 | Substance Abuse Treatment and Intervention Licenses, and in | ||||||
9 | compliance with other applicable State and federal laws. The | ||||||
10 | Department-licensed drug treatment program shall report | ||||||
11 | applicable prescriptions via electronic record keeping | ||||||
12 | software approved by the Department. This software must be | ||||||
13 | compatible with the specifications of the Department. Drug | ||||||
14 | abuse treatment programs shall report to the Department | ||||||
15 | methadone prescriptions or medications dispensed through the | ||||||
16 | use of Department-approved File Transfer Protocols (FTPs). | ||||||
17 | Methadone prescription records must be maintained in | ||||||
18 | accordance with the applicable requirements as set forth by the | ||||||
19 | Department in accordance with 77 Ill. Adm. Code 2060: | ||||||
20 | Alcoholism and Substance Abuse Treatment and Intervention | ||||||
21 | Licenses, and in compliance with other applicable State and | ||||||
22 | federal laws. | ||||||
23 | (e) Nothing in this Act shall be construed to limit the | ||||||
24 | authority of a hospital pursuant to Section 65-45 of the Nurse | ||||||
25 | Practice Act to grant hospital clinical privileges to an | ||||||
26 | individual advanced practice registered nurse to select, order |
| |||||||
| |||||||
1 | or administer medications, including controlled substances to | ||||||
2 | provide services within a hospital. Nothing in this Act shall | ||||||
3 | be construed to limit the authority of an ambulatory surgical | ||||||
4 | treatment center pursuant to Section 65-45 of the Nurse | ||||||
5 | Practice Act to grant ambulatory surgical treatment center | ||||||
6 | clinical privileges to an individual advanced practice | ||||||
7 | registered nurse to select, order or administer medications, | ||||||
8 | including controlled substances to provide services within an | ||||||
9 | ambulatory surgical treatment center.
| ||||||
10 | (Source: P.A. 97-334, eff. 1-1-12.)
| ||||||
11 | (720 ILCS 570/320)
| ||||||
12 | Sec. 320. Advisory committee.
| ||||||
13 | (a) There is created a Prescription Monitoring Program | ||||||
14 | Advisory Committee to
assist the Department of Human Services | ||||||
15 | in implementing the Prescription Monitoring Program created by | ||||||
16 | this Article and to advise the Department on the professional | ||||||
17 | performance of prescribers and dispensers and other matters | ||||||
18 | germane to the advisory committee's field of competence.
| ||||||
19 | (b) The Clinical Director of the Prescription Monitoring | ||||||
20 | Program shall appoint members to
serve on the advisory | ||||||
21 | committee. The advisory committee shall be composed of | ||||||
22 | prescribers and dispensers as follows: 4 physicians licensed to | ||||||
23 | practice medicine in all its branches; one advanced practice | ||||||
24 | registered nurse; one physician assistant; one optometrist; | ||||||
25 | one dentist; one podiatric physician; and 3 pharmacists. The |
| |||||||
| |||||||
1 | Clinical Director of the Prescription Monitoring Program may | ||||||
2 | appoint a representative of an organization representing a | ||||||
3 | profession required to be appointed. The Clinical Director of | ||||||
4 | the Prescription Monitoring Program shall serve as the chair of | ||||||
5 | the committee.
| ||||||
6 | (c) The advisory committee may appoint its other officers | ||||||
7 | as it deems
appropriate.
| ||||||
8 | (d) The members of the advisory committee shall receive no | ||||||
9 | compensation for
their services as members of the advisory | ||||||
10 | committee but may be reimbursed for
their actual expenses | ||||||
11 | incurred in serving on the advisory committee.
| ||||||
12 | (e) The advisory committee shall: | ||||||
13 | (1) provide a uniform approach to reviewing this Act in | ||||||
14 | order to determine whether changes should be recommended to | ||||||
15 | the General Assembly; | ||||||
16 | (2) review current drug schedules in order to manage | ||||||
17 | changes to the administrative rules pertaining to the | ||||||
18 | utilization of this Act; | ||||||
19 | (3) review the following: current clinical guidelines | ||||||
20 | developed by health care professional organizations on the | ||||||
21 | prescribing of opioids or other controlled substances; | ||||||
22 | accredited continuing education programs related to | ||||||
23 | prescribing and dispensing; programs or information | ||||||
24 | developed by health care professional organizations that | ||||||
25 | may be used to assess patients or help ensure compliance | ||||||
26 | with prescriptions; updates from the Food and Drug |
| |||||||
| |||||||
1 | Administration, the Centers for Disease Control and | ||||||
2 | Prevention, and other public and private organizations | ||||||
3 | which are relevant to prescribing and dispensing; relevant | ||||||
4 | medical studies; and other publications which involve the | ||||||
5 | prescription of controlled substances; | ||||||
6 | (4) make recommendations for inclusion of these | ||||||
7 | materials or other studies which may be effective resources | ||||||
8 | for prescribers and dispensers on the Internet website of | ||||||
9 | the inquiry system established under Section 318; | ||||||
10 | (5) on at least a quarterly basis, review the content | ||||||
11 | of the Internet website of the inquiry system established | ||||||
12 | pursuant to Section 318 to ensure this Internet website has | ||||||
13 | the most current available information; | ||||||
14 | (6) on at least a quarterly basis, review opportunities | ||||||
15 | for federal grants and other forms of funding to support | ||||||
16 | projects which will increase the number of pilot programs | ||||||
17 | which integrate the inquiry system with electronic health | ||||||
18 | records; and | ||||||
19 | (7) on at least a quarterly basis, review communication | ||||||
20 | to be sent to all registered users of the inquiry system | ||||||
21 | established pursuant to Section 318, including | ||||||
22 | recommendations for relevant accredited continuing | ||||||
23 | education and information regarding prescribing and | ||||||
24 | dispensing. | ||||||
25 | (f) The Clinical Director of the Prescription Monitoring | ||||||
26 | Program shall select 5 members, 3 physicians and 2 pharmacists, |
| |||||||
| |||||||
1 | of the Prescription Monitoring Program Advisory Committee to | ||||||
2 | serve as members of the peer review subcommittee. The purpose | ||||||
3 | of the peer review subcommittee is to advise the Program on | ||||||
4 | matters germane to the advisory committee's field of | ||||||
5 | competence, establish a formal peer review of professional | ||||||
6 | performance of prescribers and dispensers, and develop | ||||||
7 | communications to transmit to prescribers and dispensers. The | ||||||
8 | deliberations, information, and communications of the peer | ||||||
9 | review subcommittee are privileged and confidential and shall | ||||||
10 | not be disclosed in any manner except in accordance with | ||||||
11 | current law. | ||||||
12 | (1) The peer review subcommittee shall periodically | ||||||
13 | review the data contained within the prescription | ||||||
14 | monitoring program to identify those prescribers or | ||||||
15 | dispensers who may be prescribing or dispensing outside the | ||||||
16 | currently accepted standards in the course of their | ||||||
17 | professional practice. | ||||||
18 | (2) The peer review subcommittee may identify | ||||||
19 | prescribers or dispensers who may be prescribing outside | ||||||
20 | the currently accepted medical standards in the course of | ||||||
21 | their professional practice and send the identified | ||||||
22 | prescriber or dispenser a request for information | ||||||
23 | regarding their prescribing or dispensing practices. This | ||||||
24 | request for information shall be sent via certified mail, | ||||||
25 | return receipt requested. A prescriber or dispenser shall | ||||||
26 | have 30 days to respond to the request for information. |
| |||||||
| |||||||
1 | (3) The peer review subcommittee shall refer a | ||||||
2 | prescriber or a dispenser to the Department of Financial | ||||||
3 | and Professional Regulation in the following situations: | ||||||
4 | (i) if a prescriber or dispenser does not respond | ||||||
5 | to three successive requests for information; | ||||||
6 | (ii) in the opinion of a majority of members of the | ||||||
7 | peer review subcommittee, the prescriber or dispenser | ||||||
8 | does not have a satisfactory explanation for the | ||||||
9 | practices identified by the peer review subcommittee | ||||||
10 | in its request for information; or | ||||||
11 | (iii) following communications with the peer | ||||||
12 | review subcommittee, the prescriber or dispenser does | ||||||
13 | not sufficiently rectify the practices identified in | ||||||
14 | the request for information in the opinion of a | ||||||
15 | majority of the members of the peer review | ||||||
16 | subcommittee. | ||||||
17 | (4) The Department of Financial and Professional | ||||||
18 | Regulation may initiate an investigation and discipline in | ||||||
19 | accordance with current laws and rules for any prescriber | ||||||
20 | or dispenser referred by the peer review subcommittee. | ||||||
21 | (5) The peer review subcommittee shall prepare an | ||||||
22 | annual report starting on July 1, 2017. This report shall | ||||||
23 | contain the following information: the number of times the | ||||||
24 | peer review subcommittee was convened; the number of | ||||||
25 | prescribers or dispensers who were reviewed by the peer | ||||||
26 | review committee; the number of requests for information |
| |||||||
| |||||||
1 | sent out by the peer review subcommittee; and the number of | ||||||
2 | prescribers or dispensers referred to the Department of | ||||||
3 | Financial and Professional Regulation. The annual report | ||||||
4 | shall be delivered electronically to the Department and to | ||||||
5 | the General Assembly. The report prepared by the peer | ||||||
6 | review subcommittee shall not identify any prescriber, | ||||||
7 | dispenser, or patient. | ||||||
8 | (Source: P.A. 99-480, eff. 9-9-15.)
| ||||||
9 | Section 325. The Code of Civil Procedure is amended by | ||||||
10 | changing Section 8-2001 as follows:
| ||||||
11 | (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
| ||||||
12 | Sec. 8-2001. Examination of health care records.
| ||||||
13 | (a) In this Section: | ||||||
14 | "Health care facility" or "facility" means a public or
| ||||||
15 | private hospital, ambulatory surgical treatment center, | ||||||
16 | nursing home,
independent practice association, or physician | ||||||
17 | hospital organization, or any
other entity where health care | ||||||
18 | services are provided to any person. The term
does not include | ||||||
19 | a health care practitioner.
| ||||||
20 | "Health care practitioner" means any health care | ||||||
21 | practitioner, including a physician, dentist, podiatric | ||||||
22 | physician, advanced practice registered nurse, physician | ||||||
23 | assistant, clinical psychologist, or clinical social worker. | ||||||
24 | The term includes a medical office, health care clinic, health |
| |||||||
| |||||||
1 | department, group practice, and any other organizational | ||||||
2 | structure for a licensed professional to provide health care | ||||||
3 | services. The term does not include a health care facility.
| ||||||
4 | (b) Every private and public health care facility shall, | ||||||
5 | upon the request of any
patient who has been treated in such | ||||||
6 | health care facility, or any person, entity, or organization | ||||||
7 | presenting a valid authorization for the release of records | ||||||
8 | signed by the patient or the patient's legally authorized | ||||||
9 | representative, or as authorized by Section 8-2001.5, permit | ||||||
10 | the patient,
his or her health care practitioner,
authorized | ||||||
11 | attorney, or any person, entity, or organization presenting a | ||||||
12 | valid authorization for the release of records signed by the | ||||||
13 | patient or the patient's legally authorized representative to | ||||||
14 | examine the health care facility
patient care records,
| ||||||
15 | including but not limited to the history, bedside notes, | ||||||
16 | charts, pictures
and plates, kept in connection with the | ||||||
17 | treatment of such patient, and
permit copies of such records to | ||||||
18 | be made by him or her or his or her
health care practitioner or | ||||||
19 | authorized attorney. | ||||||
20 | (c) Every health care practitioner shall, upon the request | ||||||
21 | of any patient who has been treated by the health care | ||||||
22 | practitioner, or any person, entity, or organization | ||||||
23 | presenting a valid authorization for the release of records | ||||||
24 | signed by the patient or the patient's legally authorized | ||||||
25 | representative, permit the patient and the patient's health | ||||||
26 | care practitioner or authorized attorney, or any person, |
| |||||||
| |||||||
1 | entity, or organization presenting a valid authorization for | ||||||
2 | the release of records signed by the patient or the patient's | ||||||
3 | legally authorized representative, to examine and copy the | ||||||
4 | patient's records, including but not limited to those relating | ||||||
5 | to the diagnosis, treatment, prognosis, history, charts, | ||||||
6 | pictures and plates, kept in connection with the treatment of | ||||||
7 | such patient. | ||||||
8 | (d) A request for copies of the records shall
be in writing | ||||||
9 | and shall be delivered to the administrator or manager of
such | ||||||
10 | health care facility or to the health care practitioner. The
| ||||||
11 | person (including patients, health care practitioners and | ||||||
12 | attorneys)
requesting copies of records shall reimburse the | ||||||
13 | facility or the health care practitioner at the time of such | ||||||
14 | copying for all
reasonable expenses, including the costs of | ||||||
15 | independent copy service companies,
incurred in connection | ||||||
16 | with such copying not to
exceed a $20 handling charge for | ||||||
17 | processing the
request and the actual postage or shipping | ||||||
18 | charge, if any, plus: (1) for paper copies
75 cents per page | ||||||
19 | for the first through 25th pages, 50
cents per page for the | ||||||
20 | 26th through 50th pages, and 25 cents per page for all
pages in | ||||||
21 | excess of 50 (except that the charge shall not exceed $1.25 per | ||||||
22 | page
for any copies made from microfiche or microfilm; records | ||||||
23 | retrieved from scanning, digital imaging, electronic | ||||||
24 | information or other digital format do not qualify as | ||||||
25 | microfiche or microfilm retrieval for purposes of calculating | ||||||
26 | charges); and (2) for electronic records, retrieved from a |
| |||||||
| |||||||
1 | scanning, digital imaging, electronic information or other | ||||||
2 | digital format in an electronic document, a charge of 50% of | ||||||
3 | the per page charge for paper copies under subdivision (d)(1). | ||||||
4 | This per page charge includes the cost of each CD Rom, DVD, or | ||||||
5 | other storage media. Records already maintained in an | ||||||
6 | electronic or digital format shall be provided in an electronic | ||||||
7 | format when so requested.
If the records system does not allow | ||||||
8 | for the creation or transmission of an electronic or digital | ||||||
9 | record, then the facility or practitioner shall inform the | ||||||
10 | requester in writing of the reason the records can not be | ||||||
11 | provided electronically. The written explanation may be | ||||||
12 | included with the production of paper copies, if the requester | ||||||
13 | chooses to order paper copies. These rates shall be | ||||||
14 | automatically adjusted as set forth in Section 8-2006.
The | ||||||
15 | facility or health care practitioner may, however, charge for | ||||||
16 | the
reasonable cost of all duplication of
record material or | ||||||
17 | information that cannot routinely be copied or duplicated on
a | ||||||
18 | standard commercial photocopy machine such as x-ray films or | ||||||
19 | pictures.
| ||||||
20 | (d-5) The handling fee shall not be collected from the | ||||||
21 | patient or the patient's personal representative who obtains | ||||||
22 | copies of records under Section 8-2001.5. | ||||||
23 | (e) The requirements of this Section shall be satisfied | ||||||
24 | within 30 days of the
receipt of a written request by a patient | ||||||
25 | or by his or her legally authorized
representative, health care | ||||||
26 | practitioner,
authorized attorney, or any person, entity, or |
| |||||||
| |||||||
1 | organization presenting a valid authorization for the release | ||||||
2 | of records signed by the patient or the patient's legally | ||||||
3 | authorized representative. If the facility
or health care | ||||||
4 | practitioner needs more time to comply with the request, then | ||||||
5 | within 30 days after receiving
the request, the facility or | ||||||
6 | health care practitioner must provide the requesting party with | ||||||
7 | a written
statement of the reasons for the delay and the date | ||||||
8 | by which the requested
information will be provided. In any | ||||||
9 | event, the facility or health care practitioner must provide | ||||||
10 | the
requested information no later than 60 days after receiving | ||||||
11 | the request.
| ||||||
12 | (f) A health care facility or health care practitioner must | ||||||
13 | provide the public with at least 30 days prior
notice of the | ||||||
14 | closure of the facility or the health care practitioner's | ||||||
15 | practice. The notice must include an explanation
of how copies | ||||||
16 | of the facility's records may be accessed by patients. The
| ||||||
17 | notice may be given by publication in a newspaper of general | ||||||
18 | circulation in the
area in which the health care facility or | ||||||
19 | health care practitioner is located.
| ||||||
20 | (g) Failure to comply with the time limit requirement of | ||||||
21 | this Section shall
subject the denying party to expenses and | ||||||
22 | reasonable attorneys' fees
incurred in connection with any | ||||||
23 | court ordered enforcement of the provisions
of this Section.
| ||||||
24 | (Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12; | ||||||
25 | 98-214, eff. 8-9-13; 98-756, eff. 7-16-14.)
|
| |||||||
| |||||||
1 | Section 330. The Good Samaritan Act is amended by changing | ||||||
2 | Sections 30, 34, and 68 as follows:
| ||||||
3 | (745 ILCS 49/30)
| ||||||
4 | Sec. 30. Free medical clinic; exemption from civil | ||||||
5 | liability for services
performed without compensation. | ||||||
6 | (a) A person licensed under the Medical Practice Act of | ||||||
7 | 1987, a person
licensed to practice the treatment of human | ||||||
8 | ailments in any
other state or territory of the United States, | ||||||
9 | or a health care professional,
including but not limited to an | ||||||
10 | advanced practice registered nurse, physician
assistant, | ||||||
11 | nurse, pharmacist, physical therapist, podiatric physician, or | ||||||
12 | social worker
licensed in this State or any other state or | ||||||
13 | territory of the United States,
who, in good faith, provides | ||||||
14 | medical treatment,
diagnosis, or advice as a part of the | ||||||
15 | services of an
established free medical clinic providing care | ||||||
16 | to medically indigent patients
which is limited to care that | ||||||
17 | does not require the services of a
licensed hospital or | ||||||
18 | ambulatory surgical treatment center and who receives
no fee or | ||||||
19 | compensation from that source shall not be liable for civil
| ||||||
20 | damages as a result of his or her acts or omissions in
| ||||||
21 | providing that medical treatment, except for willful or wanton | ||||||
22 | misconduct.
| ||||||
23 | (b) For purposes of this Section, a "free medical clinic" | ||||||
24 | is: | ||||||
25 | (1) an
organized community based program providing |
| |||||||
| |||||||
1 | medical care without
charge to individuals unable to pay | ||||||
2 | for it, at which the
care provided does not include the use
| ||||||
3 | of general anesthesia or require an overnight stay in a | ||||||
4 | health-care facility; or
| ||||||
5 | (2) a program organized by a certified local health | ||||||
6 | department pursuant to Part 600 of Title 77 of the Illinois | ||||||
7 | Administrative Code, utilizing health professional members | ||||||
8 | of the Volunteer Medical Reserve Corps (the federal | ||||||
9 | organization under 42 U.S.C. 300hh-15) providing medical | ||||||
10 | care without charge to individuals unable to pay for it, at | ||||||
11 | which the care provided does not include an overnight stay | ||||||
12 | in a health-care facility. | ||||||
13 | (c) The provisions of subsection (a) of this Section do not | ||||||
14 | apply to a
particular case unless the free medical
clinic has | ||||||
15 | posted in a conspicuous place on its premises an explanation of | ||||||
16 | the
exemption from civil liability provided herein.
| ||||||
17 | (d) The immunity from civil damages provided under | ||||||
18 | subsection (a) also
applies to physicians,
hospitals, and other | ||||||
19 | health care providers that provide
further medical treatment, | ||||||
20 | diagnosis, or advice to a patient upon referral from
an | ||||||
21 | established free medical clinic without fee or compensation.
| ||||||
22 | (e) Nothing in this Section prohibits a free medical clinic | ||||||
23 | from accepting
voluntary contributions for medical services | ||||||
24 | provided to a patient who has
acknowledged his or her ability | ||||||
25 | and willingness to pay a portion of the value
of the medical | ||||||
26 | services provided.
|
| |||||||
| |||||||
1 | Any voluntary contribution collected for providing care at | ||||||
2 | a free medical
clinic shall be used only to pay overhead | ||||||
3 | expenses of operating the clinic. No
portion of any moneys | ||||||
4 | collected shall be used to provide a fee or other
compensation | ||||||
5 | to any person licensed under Medical Practice Act of 1987.
| ||||||
6 | (f) The changes to this Section made by this amendatory Act | ||||||
7 | of the 99th General Assembly apply only to causes of action | ||||||
8 | accruing on or after the effective date of
this amendatory Act | ||||||
9 | of the 99th General Assembly. | ||||||
10 | (Source: P.A. 98-214, eff. 8-9-13; 99-42, eff. 1-1-16 .)
| ||||||
11 | (745 ILCS 49/34)
| ||||||
12 | Sec. 34. Advanced practice registered nurse; exemption | ||||||
13 | from civil
liability for emergency care. A person licensed as | ||||||
14 | an advanced practice registered nurse
under the Nurse Practice | ||||||
15 | Act who in good faith provides emergency care without fee to a
| ||||||
16 | person shall not be liable for civil damages as a result of his | ||||||
17 | or her acts or
omissions, except for willful or wanton | ||||||
18 | misconduct on the part of the person in
providing the care.
| ||||||
19 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
20 | (745 ILCS 49/68) | ||||||
21 | Sec. 68. Disaster Relief Volunteers. Any firefighter, | ||||||
22 | licensed emergency medical technician (EMT) as defined by | ||||||
23 | Section 3.50 of the Emergency Medical Services (EMS) Systems | ||||||
24 | Act, physician, dentist, podiatric physician, optometrist, |
| |||||||
| |||||||
1 | pharmacist, advanced practice registered nurse, physician | ||||||
2 | assistant, or nurse who in good faith and without fee or | ||||||
3 | compensation provides health care services as a disaster relief | ||||||
4 | volunteer shall not, as a result of his or her acts or | ||||||
5 | omissions, except willful and wanton misconduct on the part of | ||||||
6 | the person, in providing health care services, be liable to a | ||||||
7 | person to whom the health care services are provided for civil | ||||||
8 | damages. This immunity applies to health care services that are | ||||||
9 | provided without fee or compensation during or within 10 days | ||||||
10 | following the end of a disaster or catastrophic event. | ||||||
11 | The immunity provided in this Section only applies to a | ||||||
12 | disaster relief volunteer who provides health care services in | ||||||
13 | relief of an earthquake, hurricane, tornado, nuclear attack, | ||||||
14 | terrorist attack, epidemic, or pandemic without fee or | ||||||
15 | compensation for providing the volunteer health care services. | ||||||
16 | The provisions of this Section shall not apply to any | ||||||
17 | health care facility as defined in Section 8-2001 of the Code | ||||||
18 | of Civil Procedure or to any practitioner, who is not a | ||||||
19 | disaster relief volunteer, providing health care services in a | ||||||
20 | hospital or health care facility.
| ||||||
21 | (Source: P.A. 98-214, eff. 8-9-13.) | ||||||
22 | Section 335. The Health Care Surrogate Act is amended by | ||||||
23 | changing Section 65 as follows: | ||||||
24 | (755 ILCS 40/65)
|
| |||||||
| |||||||
1 | Sec. 65. Department of Public Health Uniform POLST form.
| ||||||
2 | (a) An individual of sound mind and having reached the age | ||||||
3 | of majority or
having
obtained the status of an emancipated | ||||||
4 | person pursuant to the Emancipation of
Minors Act may execute a | ||||||
5 | document (consistent with the Department of Public
Health | ||||||
6 | Uniform POLST form described in Section 2310-600 of the | ||||||
7 | Department of Public Health Powers and Duties Law of the
Civil | ||||||
8 | Administrative Code of Illinois) directing that
resuscitating | ||||||
9 | efforts shall not be implemented. Such a document may also
be | ||||||
10 | executed by an attending health care practitioner. If more than | ||||||
11 | one practitioner shares that responsibility, any of the | ||||||
12 | attending health care practitioners may act under this Section. | ||||||
13 | Notwithstanding the existence of a do-not-resuscitate (DNR)
| ||||||
14 | order or Department of Public Health Uniform POLST form, | ||||||
15 | appropriate organ donation treatment may be applied or | ||||||
16 | continued
temporarily in the event of the patient's death, in | ||||||
17 | accordance with subsection
(g) of Section 20 of this Act, if | ||||||
18 | the patient is an organ donor.
| ||||||
19 | (a-5) Execution of a Department of Public Health Uniform | ||||||
20 | POLST form is voluntary; no person can be required to execute | ||||||
21 | either form. A person who has executed a Department of Public | ||||||
22 | Health Uniform POLST form should review the form annually and | ||||||
23 | when the person's condition changes. | ||||||
24 | (b) Consent to a Department of Public Health Uniform POLST | ||||||
25 | form may be obtained from the individual, or from
another
| ||||||
26 | person at the individual's direction, or from the individual's |
| |||||||
| |||||||
1 | legal guardian,
agent under a
power of attorney for health | ||||||
2 | care, or surrogate decision maker, and witnessed
by one | ||||||
3 | individual 18 years of age or older, who attests that the | ||||||
4 | individual, other person, guardian, agent, or surrogate (1) has | ||||||
5 | had an opportunity to read the form; and (2) has signed the | ||||||
6 | form or acknowledged his or her signature or mark on the form | ||||||
7 | in the witness's presence.
| ||||||
8 | (b-5) As used in this Section, "attending health care | ||||||
9 | practitioner" means an individual who (1) is an Illinois | ||||||
10 | licensed physician, advanced practice registered nurse, | ||||||
11 | physician assistant, or licensed resident after completion of | ||||||
12 | one year in a program; (2) is selected by or assigned to the | ||||||
13 | patient; and (3) has primary responsibility for treatment and | ||||||
14 | care of the patient. "POLST" means practitioner orders for | ||||||
15 | life-sustaining treatments. | ||||||
16 | (c) Nothing in this Section shall be construed to affect | ||||||
17 | the ability of an individual to include instructions in an | ||||||
18 | advance directive, such as a power of attorney for health care. | ||||||
19 | The uniform form may, but need not, be in the form adopted by | ||||||
20 | the
Department
of
Public Health pursuant to Section 2310-600 of | ||||||
21 | the Department of Public Health
Powers and
Duties Law (20 ILCS | ||||||
22 | 2310/2310-600).
| ||||||
23 | (d) A health care professional or health care provider may | ||||||
24 | presume, in the
absence
of knowledge to the contrary, that a | ||||||
25 | completed Department of Public Health
Uniform POLST form,
or a | ||||||
26 | copy of that form or a previous version of the uniform form, is |
| |||||||
| |||||||
1 | valid. A health care professional or
health
care provider, or | ||||||
2 | an employee of a health care professional or health care
| ||||||
3 | provider, who in
good faith complies
with a cardiopulmonary | ||||||
4 | resuscitation (CPR) or life-sustaining treatment order, | ||||||
5 | Department of Public Health Uniform POLST form, or a previous | ||||||
6 | version of the uniform form made in accordance with this Act is | ||||||
7 | not,
as a result of that compliance, subject to any criminal or | ||||||
8 | civil liability,
except for willful and wanton misconduct, and
| ||||||
9 | may not be found to have committed an act of unprofessional | ||||||
10 | conduct. | ||||||
11 | (e) Nothing in this Section or this amendatory Act of the | ||||||
12 | 94th General Assembly or this amendatory Act of the 98th | ||||||
13 | General Assembly shall be construed to affect the ability of a | ||||||
14 | physician or other practitioner to make a do-not-resuscitate | ||||||
15 | order.
| ||||||
16 | (Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16 .)
| ||||||
17 | Section 340. The Illinois Power of Attorney Act is amended | ||||||
18 | by changing Sections 4-5.1 and 4-10 as follows: | ||||||
19 | (755 ILCS 45/4-5.1) | ||||||
20 | Sec. 4-5.1. Limitations on who may witness health care | ||||||
21 | agencies. | ||||||
22 | (a) Every health care agency shall bear the signature of a | ||||||
23 | witness to the signing of the agency. No witness may be under | ||||||
24 | 18 years of age. None of the following licensed professionals |
| |||||||
| |||||||
1 | providing services to the principal may serve as a witness to | ||||||
2 | the signing of a health care agency: | ||||||
3 | (1) the attending physician, advanced practice | ||||||
4 | registered nurse, physician assistant, dentist, podiatric | ||||||
5 | physician, optometrist, or psychologist of the principal, | ||||||
6 | or a relative of the physician, advanced practice | ||||||
7 | registered nurse, physician assistant, dentist, podiatric | ||||||
8 | physician, optometrist, or psychologist; | ||||||
9 | (2) an owner, operator, or relative of an owner or | ||||||
10 | operator of a health care facility in which the principal | ||||||
11 | is a patient or resident; | ||||||
12 | (3) a parent, sibling, or descendant, or the spouse of | ||||||
13 | a parent, sibling, or descendant, of either the principal | ||||||
14 | or any agent or successor agent, regardless of whether the | ||||||
15 | relationship is by blood, marriage, or adoption; | ||||||
16 | (4) an agent or successor agent for health care. | ||||||
17 | (b) The prohibition on the operator of a health care | ||||||
18 | facility from serving as a witness shall extend to directors | ||||||
19 | and executive officers of an operator that is a corporate | ||||||
20 | entity but not other employees of the operator such as, but not | ||||||
21 | limited to, non-owner chaplains or social workers, nurses, and | ||||||
22 | other employees.
| ||||||
23 | (Source: P.A. 98-1113, eff. 1-1-15; 99-328, eff. 1-1-16 .)
| ||||||
24 | (755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
| ||||||
25 | Sec. 4-10. Statutory short form power of attorney for |
| |||||||
| |||||||
1 | health care.
| ||||||
2 | (a) The form prescribed in this Section (sometimes also | ||||||
3 | referred to in this Act as the
"statutory health care power") | ||||||
4 | may be used to grant an agent powers with
respect to the | ||||||
5 | principal's own health care; but the statutory health care
| ||||||
6 | power is not intended to be exclusive nor to cover delegation | ||||||
7 | of a parent's
power to control the health care of a minor | ||||||
8 | child, and no provision of this
Article shall be construed to | ||||||
9 | invalidate or bar use by the principal of any
other or
| ||||||
10 | different form of power of attorney for health care. | ||||||
11 | Nonstatutory health
care powers must be
executed by the | ||||||
12 | principal, designate the agent and the agent's powers, and
| ||||||
13 | comply with the limitations in Section 4-5 of this Article, but | ||||||
14 | they need not be witnessed or
conform in any other respect to | ||||||
15 | the statutory health care power. | ||||||
16 | No specific format is required for the statutory health | ||||||
17 | care power of attorney other than the notice must precede the | ||||||
18 | form. The statutory health care power may be included in or
| ||||||
19 | combined with any
other form of power of attorney governing | ||||||
20 | property or other matters.
| ||||||
21 | (b) The Illinois Statutory Short Form Power of Attorney for | ||||||
22 | Health Care shall be substantially as follows: | ||||||
23 | NOTICE TO THE INDIVIDUAL SIGNING | ||||||
24 | THE POWER OF ATTORNEY FOR HEALTH CARE | ||||||
25 | No one can predict when a serious illness or accident might |
| |||||||
| |||||||
1 | occur. When it does, you may need someone else to speak or make | ||||||
2 | health care decisions for you. If you plan now, you can | ||||||
3 | increase the chances that the medical treatment you get will be | ||||||
4 | the treatment you want. | ||||||
5 | In Illinois, you can choose someone to be your "health care | ||||||
6 | agent". Your agent is the person you trust to make health care | ||||||
7 | decisions for you if you are unable or do not want to make them | ||||||
8 | yourself. These decisions should be based on your personal | ||||||
9 | values and wishes. | ||||||
10 | It is important to put your choice of agent in writing. The | ||||||
11 | written form is often called an "advance directive". You may | ||||||
12 | use this form or another form, as long as it meets the legal | ||||||
13 | requirements of Illinois. There are many written and on-line | ||||||
14 | resources to guide you and your loved ones in having a | ||||||
15 | conversation about these issues. You may find it helpful to | ||||||
16 | look at these resources while thinking about and discussing | ||||||
17 | your advance directive. | ||||||
18 | WHAT ARE THE THINGS I WANT MY | ||||||
19 | HEALTH CARE AGENT TO KNOW? | ||||||
20 | The selection of your agent should be considered carefully, | ||||||
21 | as your agent will have the ultimate decision making authority | ||||||
22 | once this document goes into effect, in most instances after | ||||||
23 | you are no longer able to make your own decisions. While the | ||||||
24 | goal is for your agent to make decisions in keeping with your | ||||||
25 | preferences and in the majority of circumstances that is what |
| |||||||
| |||||||
1 | happens, please know that the law does allow your agent to make | ||||||
2 | decisions to direct or refuse health care interventions or | ||||||
3 | withdraw treatment. Your agent will need to think about | ||||||
4 | conversations you have had, your personality, and how you | ||||||
5 | handled important health care issues in the past. Therefore, it | ||||||
6 | is important to talk with your agent and your family about such | ||||||
7 | things as: | ||||||
8 | (i) What is most important to you in your life? | ||||||
9 | (ii) How important is it to you to avoid pain and | ||||||
10 | suffering? | ||||||
11 | (iii) If you had to choose, is it more important to you | ||||||
12 | to live as long as possible, or to avoid prolonged | ||||||
13 | suffering or disability? | ||||||
14 | (iv) Would you rather be at home or in a hospital for | ||||||
15 | the last days or weeks of your life? | ||||||
16 | (v) Do you have religious, spiritual, or cultural | ||||||
17 | beliefs that you want your agent and others to consider? | ||||||
18 | (vi) Do you wish to make a significant contribution to | ||||||
19 | medical science after your death through organ or whole | ||||||
20 | body donation? | ||||||
21 | (vii) Do you have an existing advanced directive, such | ||||||
22 | as a living will, that contains your specific wishes about | ||||||
23 | health care that is only delaying your death? If you have | ||||||
24 | another advance directive, make sure to discuss with your | ||||||
25 | agent the directive and the treatment decisions contained | ||||||
26 | within that outline your preferences. Make sure that your |
| |||||||
| |||||||
1 | agent agrees to honor the wishes expressed in your advance | ||||||
2 | directive. | ||||||
3 | WHAT KIND OF DECISIONS CAN MY AGENT MAKE? | ||||||
4 | If there is ever a period of time when your physician | ||||||
5 | determines that you cannot make your own health care decisions, | ||||||
6 | or if you do not want to make your own decisions, some of the | ||||||
7 | decisions your agent could make are to: | ||||||
8 | (i) talk with physicians and other health care | ||||||
9 | providers about your condition. | ||||||
10 | (ii) see medical records and approve who else can see | ||||||
11 | them. | ||||||
12 | (iii) give permission for medical tests, medicines, | ||||||
13 | surgery, or other treatments. | ||||||
14 | (iv) choose where you receive care and which physicians | ||||||
15 | and others provide it. | ||||||
16 | (v) decide to accept, withdraw, or decline treatments | ||||||
17 | designed to keep you alive if you are near death or not | ||||||
18 | likely to recover. You may choose to include guidelines | ||||||
19 | and/or restrictions to your agent's authority. | ||||||
20 | (vi) agree or decline to donate your organs or your | ||||||
21 | whole body if you have not already made this decision | ||||||
22 | yourself. This could include donation for transplant, | ||||||
23 | research, and/or education. You should let your agent know | ||||||
24 | whether you are registered as a donor in the First Person | ||||||
25 | Consent registry maintained by the Illinois Secretary of |
| |||||||
| |||||||
1 | State or whether you have agreed to donate your whole body | ||||||
2 | for medical research and/or education. | ||||||
3 | (vii) decide what to do with your remains after you | ||||||
4 | have died, if you have not already made plans. | ||||||
5 | (viii) talk with your other loved ones to help come to | ||||||
6 | a decision (but your designated agent will have the final | ||||||
7 | say over your other loved ones). | ||||||
8 | Your agent is not automatically responsible for your health | ||||||
9 | care expenses. | ||||||
10 | WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT? | ||||||
11 | You can pick a family member, but you do not have to. Your | ||||||
12 | agent will have the responsibility to make medical treatment | ||||||
13 | decisions, even if other people close to you might urge a | ||||||
14 | different decision. The selection of your agent should be done | ||||||
15 | carefully, as he or she will have ultimate decision-making | ||||||
16 | authority for your treatment decisions once you are no longer | ||||||
17 | able to voice your preferences. Choose a family member, friend, | ||||||
18 | or other person who: | ||||||
19 | (i) is at least 18 years old; | ||||||
20 | (ii) knows you well; | ||||||
21 | (iii) you trust to do what is best for you and is | ||||||
22 | willing to carry out your wishes, even if he or she may not | ||||||
23 | agree with your wishes; | ||||||
24 | (iv) would be comfortable talking with and questioning | ||||||
25 | your physicians and other health care providers; |
| |||||||
| |||||||
1 | (v) would not be too upset to carry out your wishes if | ||||||
2 | you became very sick; and | ||||||
3 | (vi) can be there for you when you need it and is | ||||||
4 | willing to accept this important role. | ||||||
5 | WHAT IF MY AGENT IS NOT AVAILABLE OR IS | ||||||
6 | UNWILLING TO MAKE DECISIONS FOR ME? | ||||||
7 | If the person who is your first choice is unable to carry | ||||||
8 | out this role, then the second agent you chose will make the | ||||||
9 | decisions; if your second agent is not available, then the | ||||||
10 | third agent you chose will make the decisions. The second and | ||||||
11 | third agents are called your successor agents and they function | ||||||
12 | as back-up agents to your first choice agent and may act only | ||||||
13 | one at a time and in the order you list them. | ||||||
14 | WHAT WILL HAPPEN IF I DO NOT | ||||||
15 | CHOOSE A HEALTH CARE AGENT? | ||||||
16 | If you become unable to make your own health care decisions | ||||||
17 | and have not named an agent in writing, your physician and | ||||||
18 | other health care providers will ask a family member, friend, | ||||||
19 | or guardian to make decisions for you. In Illinois, a law | ||||||
20 | directs which of these individuals will be consulted. In that | ||||||
21 | law, each of these individuals is called a "surrogate". | ||||||
22 | There are reasons why you may want to name an agent rather | ||||||
23 | than rely on a surrogate: | ||||||
24 | (i) The person or people listed by this law may not be |
| |||||||
| |||||||
1 | who you would want to make decisions for you. | ||||||
2 | (ii) Some family members or friends might not be able | ||||||
3 | or willing to make decisions as you would want them to. | ||||||
4 | (iii) Family members and friends may disagree with one | ||||||
5 | another about the best decisions. | ||||||
6 | (iv) Under some circumstances, a surrogate may not be | ||||||
7 | able to make the same kinds of decisions that an agent can | ||||||
8 | make. | ||||||
9 | WHAT IF THERE IS NO ONE AVAILABLE | ||||||
10 | WHOM I TRUST TO BE MY AGENT? | ||||||
11 | In this situation, it is especially important to talk to | ||||||
12 | your physician and other health care providers and create | ||||||
13 | written guidance about what you want or do not want, in case | ||||||
14 | you are ever critically ill and cannot express your own wishes. | ||||||
15 | You can complete a living will. You can also write your wishes | ||||||
16 | down and/or discuss them with your physician or other health | ||||||
17 | care provider and ask him or her to write it down in your | ||||||
18 | chart. You might also want to use written or on-line resources | ||||||
19 | to guide you through this process. | ||||||
20 | WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT? | ||||||
21 | Follow these instructions after you have completed the | ||||||
22 | form: | ||||||
23 | (i) Sign the form in front of a witness. See the form | ||||||
24 | for a list of who can and cannot witness it. |
| |||||||
| |||||||
1 | (ii) Ask the witness to sign it, too. | ||||||
2 | (iii) There is no need to have the form notarized. | ||||||
3 | (iv) Give a copy to your agent and to each of your | ||||||
4 | successor agents. | ||||||
5 | (v) Give another copy to your physician. | ||||||
6 | (vi) Take a copy with you when you go to the hospital. | ||||||
7 | (vii) Show it to your family and friends and others who | ||||||
8 | care for you. | ||||||
9 | WHAT IF I CHANGE MY MIND? | ||||||
10 | You may change your mind at any time. If you do, tell | ||||||
11 | someone who is at least 18 years old that you have changed your | ||||||
12 | mind, and/or destroy your document and any copies. If you wish, | ||||||
13 | fill out a new form and make sure everyone you gave the old | ||||||
14 | form to has a copy of the new one, including, but not limited | ||||||
15 | to, your agents and your physicians. | ||||||
16 | WHAT IF I DO NOT WANT TO USE THIS FORM? | ||||||
17 | In the event you do not want to use the Illinois statutory | ||||||
18 | form provided here, any document you complete must be executed | ||||||
19 | by you, designate an agent who is over 18 years of age and not | ||||||
20 | prohibited from serving as your agent, and state the agent's | ||||||
21 | powers, but it need not be witnessed or conform in any other | ||||||
22 | respect to the statutory health care power. | ||||||
23 | If you have questions about the use of any form, you may | ||||||
24 | want to consult your physician, other health care provider, |
| |||||||
| |||||||
1 | and/or an attorney. | ||||||
2 | MY POWER OF ATTORNEY FOR HEALTH CARE | ||||||
3 | THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY | ||||||
4 | FOR HEALTH CARE. (You must sign this form and a witness must | ||||||
5 | also sign it before it is valid) | ||||||
6 | My name (Print your full name): .......... | ||||||
7 | My address: .................................................. | ||||||
8 | I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT | ||||||
9 | (an agent is your personal representative under state and | ||||||
10 | federal law): | ||||||
11 | (Agent name) ................. | ||||||
12 | (Agent address) ............. | ||||||
13 | (Agent phone number) ......................................... | ||||||
14 | (Please check box if applicable) .... If a guardian of my | ||||||
15 | person is to be appointed, I nominate the agent acting under | ||||||
16 | this power of attorney as guardian. | ||||||
17 | SUCCESSOR HEALTH CARE AGENT(S) (optional): | ||||||
18 | If the agent I selected is unable or does not want to make | ||||||
19 | health care decisions for me, then I request the person(s) I | ||||||
20 | name below to be my successor health care agent(s). Only one |
| |||||||
| |||||||
1 | person at a time can serve as my agent (add another page if you | ||||||
2 | want to add more successor agent names): | ||||||
3 | ..................... | ||||||
4 | (Successor agent #1 name, address and phone number) | ||||||
5 | .......... | ||||||
6 | (Successor agent #2 name, address and phone number) | ||||||
7 | MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING: | ||||||
8 | (i) Deciding to accept, withdraw or decline treatment | ||||||
9 | for any physical or mental condition of mine, including | ||||||
10 | life-and-death decisions. | ||||||
11 | (ii) Agreeing to admit me to or discharge me from any | ||||||
12 | hospital, home, or other institution, including a mental | ||||||
13 | health facility. | ||||||
14 | (iii) Having complete access to my medical and mental | ||||||
15 | health records, and sharing them with others as needed, | ||||||
16 | including after I die. | ||||||
17 | (iv) Carrying out the plans I have already made, or, if | ||||||
18 | I have not done so, making decisions about my body or | ||||||
19 | remains, including organ, tissue or whole body donation, | ||||||
20 | autopsy, cremation, and burial. | ||||||
21 | The above grant of power is intended to be as broad as | ||||||
22 | possible so that my agent will have the authority to make any | ||||||
23 | decision I could make to obtain or terminate any type of health | ||||||
24 | care, including withdrawal of nutrition and hydration and other | ||||||
25 | life-sustaining measures. |
| |||||||
| |||||||
1 | I AUTHORIZE MY AGENT TO (please check any one box): | ||||||
2 | .... Make decisions for me only when I cannot make them for | ||||||
3 | myself. The physician(s) taking care of me will determine | ||||||
4 | when I lack this ability. | ||||||
5 | (If no box is checked, then the box above shall be | ||||||
6 | implemented.)
OR | ||||||
7 | .... Make decisions for me only when I cannot make them for | ||||||
8 | myself. The physician(s) taking care of me will determine | ||||||
9 | when I lack this ability. Starting now, for the purpose of | ||||||
10 | assisting me with my health care plans and decisions, my | ||||||
11 | agent shall have complete access to my medical and mental | ||||||
12 | health records, the authority to share them with others as | ||||||
13 | needed, and the complete ability to communicate with my | ||||||
14 | personal physician(s) and other health care providers, | ||||||
15 | including the ability to require an opinion of my physician | ||||||
16 | as to whether I lack the ability to make decisions for | ||||||
17 | myself. OR | ||||||
18 | .... Make decisions for me starting now and continuing | ||||||
19 | after I am no longer able to make them for myself. While I | ||||||
20 | am still able to make my own decisions, I can still do so | ||||||
21 | if I want to. | ||||||
22 | The subject of life-sustaining treatment is of particular | ||||||
23 | importance. Life-sustaining treatments may include tube | ||||||
24 | feedings or fluids through a tube, breathing machines, and CPR. |
| |||||||
| |||||||
1 | In general, in making decisions concerning life-sustaining | ||||||
2 | treatment, your agent is instructed to consider the relief of | ||||||
3 | suffering, the quality as well as the possible extension of | ||||||
4 | your life, and your previously expressed wishes. Your agent | ||||||
5 | will weigh the burdens versus benefits of proposed treatments | ||||||
6 | in making decisions on your behalf. | ||||||
7 | Additional statements concerning the withholding or | ||||||
8 | removal of life-sustaining treatment are described below. | ||||||
9 | These can serve as a guide for your agent when making decisions | ||||||
10 | for you. Ask your physician or health care provider if you have | ||||||
11 | any questions about these statements. | ||||||
12 | SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR WISHES | ||||||
13 | (optional): | ||||||
14 | .... The quality of my life is more important than the | ||||||
15 | length of my life. If I am unconscious and my attending | ||||||
16 | physician believes, in accordance with reasonable medical | ||||||
17 | standards, that I will not wake up or recover my ability to | ||||||
18 | think, communicate with my family and friends, and | ||||||
19 | experience my surroundings, I do not want treatments to | ||||||
20 | prolong my life or delay my death, but I do want treatment | ||||||
21 | or care to make me comfortable and to relieve me of pain. | ||||||
22 | .... Staying alive is more important to me, no matter how | ||||||
23 | sick I am, how much I am suffering, the cost of the | ||||||
24 | procedures, or how unlikely my chances for recovery are. I | ||||||
25 | want my life to be prolonged to the greatest extent |
| |||||||
| |||||||
1 | possible in accordance with reasonable medical standards. | ||||||
2 | SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY: | ||||||
3 | The above grant of power is intended to be as broad as | ||||||
4 | possible so that your agent will have the authority to make any | ||||||
5 | decision you could make to obtain or terminate any type of | ||||||
6 | health care. If you wish to limit the scope of your agent's | ||||||
7 | powers or prescribe special rules or limit the power to | ||||||
8 | authorize autopsy or dispose of remains, you may do so | ||||||
9 | specifically in this form. | ||||||
10 | .................................. | ||||||
11 | .............................. | ||||||
12 | My signature: .................. | ||||||
13 | Today's date: ................................................ | ||||||
14 | HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN | ||||||
15 | COMPLETE THE SIGNATURE PORTION: | ||||||
16 | I am at least 18 years old. (check one of the options | ||||||
17 | below): | ||||||
18 | .... I saw the principal sign this document, or | ||||||
19 | .... the principal told me that the signature or mark on | ||||||
20 | the principal signature line is his or hers. | ||||||
21 | I am not the agent or successor agent(s) named in this | ||||||
22 | document. I am not related to the principal, the agent, or the | ||||||
23 | successor agent(s) by blood, marriage, or adoption. I am not |
| |||||||
| |||||||
1 | the principal's physician, advanced practice registered nurse, | ||||||
2 | dentist, podiatric physician, optometrist, psychologist, or a | ||||||
3 | relative of one of those individuals. I am not an owner or | ||||||
4 | operator (or the relative of an owner or operator) of the | ||||||
5 | health care facility where the principal is a patient or | ||||||
6 | resident. | ||||||
7 | Witness printed name: ............ | ||||||
8 | Witness address: .............. | ||||||
9 | Witness signature: ............... | ||||||
10 | Today's date: ................................................
| ||||||
11 | (c) The statutory short form power of attorney for health | ||||||
12 | care (the
"statutory health care power") authorizes the agent | ||||||
13 | to make any and all
health care decisions on behalf of the | ||||||
14 | principal which the principal could
make if present and under | ||||||
15 | no disability, subject to any limitations on the
granted powers | ||||||
16 | that appear on the face of the form, to be exercised in such
| ||||||
17 | manner as the agent deems consistent with the intent and | ||||||
18 | desires of the
principal. The agent will be under no duty to | ||||||
19 | exercise granted powers or
to assume control of or | ||||||
20 | responsibility for the principal's health care;
but when | ||||||
21 | granted powers are exercised, the agent will be required to use
| ||||||
22 | due care to act for the benefit of the principal in accordance | ||||||
23 | with the
terms of the statutory health care power and will be | ||||||
24 | liable
for negligent exercise. The agent may act in person or | ||||||
25 | through others
reasonably employed by the agent for that |
| |||||||
| |||||||
1 | purpose
but may not delegate authority to make health care | ||||||
2 | decisions. The agent
may sign and deliver all instruments, | ||||||
3 | negotiate and enter into all
agreements and do all other acts | ||||||
4 | reasonably necessary to implement the
exercise of the powers | ||||||
5 | granted to the agent. Without limiting the
generality of the | ||||||
6 | foregoing, the statutory health care power shall include
the | ||||||
7 | following powers, subject to any limitations appearing on the | ||||||
8 | face of the form:
| ||||||
9 | (1) The agent is authorized to give consent to and | ||||||
10 | authorize or refuse,
or to withhold or withdraw consent to, | ||||||
11 | any and all types of medical care,
treatment or procedures | ||||||
12 | relating to the physical or mental health of the
principal, | ||||||
13 | including any medication program, surgical procedures,
| ||||||
14 | life-sustaining treatment or provision of food and fluids | ||||||
15 | for the principal.
| ||||||
16 | (2) The agent is authorized to admit the principal to | ||||||
17 | or discharge the
principal from any and all types of | ||||||
18 | hospitals, institutions, homes,
residential or nursing | ||||||
19 | facilities, treatment centers and other health care
| ||||||
20 | institutions providing personal care or treatment for any | ||||||
21 | type of physical
or mental condition. The agent shall have | ||||||
22 | the same right to visit the
principal in the hospital or | ||||||
23 | other institution as is granted to a spouse or
adult child | ||||||
24 | of the principal, any rule of the institution to the | ||||||
25 | contrary
notwithstanding.
| ||||||
26 | (3) The agent is authorized to contract for any and all |
| |||||||
| |||||||
1 | types of health
care services and facilities in the name of | ||||||
2 | and on behalf of the principal
and to bind the principal to | ||||||
3 | pay for all such services and facilities,
and to have and | ||||||
4 | exercise those powers over the principal's property as are
| ||||||
5 | authorized under the statutory property power, to the | ||||||
6 | extent the agent
deems necessary to pay health care costs; | ||||||
7 | and
the agent shall not be personally liable for any | ||||||
8 | services or care contracted
for on behalf of the principal.
| ||||||
9 | (4) At the principal's expense and subject to | ||||||
10 | reasonable rules of the
health care provider to prevent | ||||||
11 | disruption of the principal's health care,
the agent shall | ||||||
12 | have the same right the principal has to examine and copy
| ||||||
13 | and consent to disclosure of all the principal's medical | ||||||
14 | records that the agent deems
relevant to the exercise of | ||||||
15 | the agent's powers, whether the records
relate to mental | ||||||
16 | health or any other medical condition and whether they are | ||||||
17 | in
the possession of or maintained by any physician, | ||||||
18 | psychiatrist,
psychologist, therapist, hospital, nursing | ||||||
19 | home or other health care
provider. The authority under | ||||||
20 | this paragraph (4) applies to any information governed by | ||||||
21 | the Health Insurance Portability and Accountability Act of | ||||||
22 | 1996 ("HIPAA") and regulations thereunder. The agent | ||||||
23 | serves as the principal's personal representative, as that | ||||||
24 | term is defined under HIPAA and regulations thereunder.
| ||||||
25 | (5) The agent is authorized: to direct that an autopsy | ||||||
26 | be made pursuant
to Section 2 of "An Act in relation to |
| |||||||
| |||||||
1 | autopsy of dead bodies", approved
August 13, 1965, | ||||||
2 | including all amendments;
to make a disposition of any
part | ||||||
3 | or all of the principal's body pursuant to the Illinois | ||||||
4 | Anatomical Gift
Act, as now or hereafter amended; and to | ||||||
5 | direct the disposition of the
principal's remains. | ||||||
6 | (6) At any time during which there is no executor or | ||||||
7 | administrator appointed for the principal's estate, the | ||||||
8 | agent is authorized to continue to pursue an application or | ||||||
9 | appeal for government benefits if those benefits were | ||||||
10 | applied for during the life of the principal.
| ||||||
11 | (d) A physician may determine that the principal is unable | ||||||
12 | to make health care decisions for himself or herself only if | ||||||
13 | the principal lacks decisional capacity, as that term is | ||||||
14 | defined in Section 10 of the Health Care Surrogate Act. | ||||||
15 | (e) If the principal names the agent as a guardian on the | ||||||
16 | statutory short form, and if a court decides that the | ||||||
17 | appointment of a guardian will serve the principal's best | ||||||
18 | interests and welfare, the court shall appoint the agent to | ||||||
19 | serve without bond or security. | ||||||
20 | (Source: P.A. 98-1113, eff. 1-1-15; 99-328, eff. 1-1-16 .)
| ||||||
21 | Section 995. No acceleration or delay. Where this Act makes | ||||||
22 | changes in a statute that is represented in this Act by text | ||||||
23 | that is not yet or no longer in effect (for example, a Section | ||||||
24 | represented by multiple versions), the use of that text does | ||||||
25 | not accelerate or delay the taking effect of (i) the changes |
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1 | made by this Act or (ii) provisions derived from any other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Public Act.
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3 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | becoming law.
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