| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning regulation.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Illinois Identification Card Act is amended | |||||||||||||||||||
5 | by changing Section 4 as follows:
| |||||||||||||||||||
6 | (15 ILCS 335/4) (from Ch. 124, par. 24)
| |||||||||||||||||||
7 | Sec. 4. Identification Card.
| |||||||||||||||||||
8 | (a) The Secretary of State shall issue a
standard Illinois | |||||||||||||||||||
9 | Identification Card to any natural person who is a resident
of | |||||||||||||||||||
10 | the State of Illinois who applies for such card, or renewal | |||||||||||||||||||
11 | thereof,
or who applies for a standard Illinois Identification | |||||||||||||||||||
12 | Card upon release as a
committed person on parole, mandatory | |||||||||||||||||||
13 | supervised release, aftercare release, final discharge, or
| |||||||||||||||||||
14 | pardon from the Department of Corrections or Department of | |||||||||||||||||||
15 | Juvenile Justice by submitting an identification card
issued by | |||||||||||||||||||
16 | the Department of Corrections or Department of Juvenile Justice | |||||||||||||||||||
17 | under Section 3-14-1 or Section 3-2.5-70 of the Unified
Code of | |||||||||||||||||||
18 | Corrections,
together with the prescribed fees. No | |||||||||||||||||||
19 | identification card shall be issued to any person who holds a | |||||||||||||||||||
20 | valid
foreign state
identification card, license, or permit | |||||||||||||||||||
21 | unless the person first surrenders to
the Secretary of
State | |||||||||||||||||||
22 | the valid foreign state identification card, license, or | |||||||||||||||||||
23 | permit. The card shall be prepared and
supplied by the |
| |||||||
| |||||||
1 | Secretary of State and shall include a photograph and signature | ||||||
2 | or mark of the
applicant. However, the Secretary of State may | ||||||
3 | provide by rule for the issuance of Illinois Identification | ||||||
4 | Cards without photographs if the applicant has a bona fide | ||||||
5 | religious objection to being photographed or to the display of | ||||||
6 | his or her photograph. The Illinois Identification Card may be | ||||||
7 | used for
identification purposes in any lawful situation only | ||||||
8 | by the person to
whom it was issued.
As used in this Act, | ||||||
9 | "photograph" means any color photograph or digitally
produced | ||||||
10 | and captured image of an applicant for an identification card. | ||||||
11 | As
used in this Act, "signature" means the name of a person as | ||||||
12 | written by that
person and captured in a manner acceptable to | ||||||
13 | the Secretary of State. | ||||||
14 | (a-5) If an applicant for an identification card has a | ||||||
15 | current driver's license or instruction permit issued by the | ||||||
16 | Secretary of State, the Secretary may require the applicant to | ||||||
17 | utilize the same residence address and name on the | ||||||
18 | identification card, driver's license, and instruction permit | ||||||
19 | records maintained by the Secretary. The Secretary may | ||||||
20 | promulgate rules to implement this provision.
| ||||||
21 | (a-10) If the applicant is a judicial officer as defined in | ||||||
22 | Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
23 | the applicant may elect to have his or her office or work | ||||||
24 | address listed on the card instead of the applicant's residence | ||||||
25 | or mailing address. The Secretary may promulgate rules to | ||||||
26 | implement this provision. For the purposes of this subsection |
| |||||||
| |||||||
1 | (a-10), "peace officer" means any person who by virtue of his | ||||||
2 | or her office or public employment is vested by law with a duty | ||||||
3 | to maintain public order or to make arrests for a violation of | ||||||
4 | any penal statute of this State, whether that duty extends to | ||||||
5 | all violations or is limited to specific violations. | ||||||
6 | (b) The Secretary of State shall issue a special Illinois
| ||||||
7 | Identification Card, which shall be known as an Illinois Person | ||||||
8 | with a Disability
Identification Card, to any natural person | ||||||
9 | who is a resident of the State
of Illinois, who is a person | ||||||
10 | with a disability as defined in Section 4A of this Act,
who | ||||||
11 | applies for such card, or renewal thereof. No Illinois Person | ||||||
12 | with a Disability Identification Card shall be issued to any | ||||||
13 | person who
holds a valid
foreign state identification card, | ||||||
14 | license, or permit unless the person first
surrenders to the
| ||||||
15 | Secretary of State the valid foreign state identification card, | ||||||
16 | license, or
permit. The Secretary of State
shall charge no fee | ||||||
17 | to issue such card. The card shall be prepared and
supplied by | ||||||
18 | the Secretary of State, and shall include a photograph and | ||||||
19 | signature or mark of the
applicant, a designation indicating | ||||||
20 | that the card is an Illinois
Person with a Disability | ||||||
21 | Identification Card, and shall include a comprehensible | ||||||
22 | designation
of the type and classification of the applicant's | ||||||
23 | disability as set out in
Section 4A of this Act. However, the | ||||||
24 | Secretary of State may provide by rule for the issuance of | ||||||
25 | Illinois Person with a Disability Identification Cards without | ||||||
26 | photographs if the applicant has a bona fide religious |
| |||||||
| |||||||
1 | objection to being photographed or to the display of his or her | ||||||
2 | photograph. If the applicant so requests, the card shall
| ||||||
3 | include a description of the applicant's disability and any | ||||||
4 | information
about the applicant's disability or medical | ||||||
5 | history which the Secretary
determines would be helpful to the | ||||||
6 | applicant in securing emergency medical
care. If a mark is used | ||||||
7 | in lieu of a signature, such mark
shall be affixed to the card | ||||||
8 | in the presence of two witnesses who attest to
the authenticity | ||||||
9 | of the mark. The Illinois
Person with a Disability | ||||||
10 | Identification Card may be used for identification purposes
in | ||||||
11 | any lawful situation by the person to whom it was issued.
| ||||||
12 | The Illinois Person with a Disability Identification Card | ||||||
13 | may be used as adequate
documentation of disability in lieu of | ||||||
14 | a physician's determination of
disability, a determination of | ||||||
15 | disability from a physician assistant who has
been delegated | ||||||
16 | the authority to make this determination by his or her
| ||||||
17 | supervising physician, a determination of disability from an | ||||||
18 | advanced practice
nurse who has a written collaborative | ||||||
19 | agreement with a collaborating physician
that
authorizes the | ||||||
20 | advanced practice nurse to make this determination, or any
| ||||||
21 | other documentation
of disability whenever
any
State law
| ||||||
22 | requires that a disabled person provide such documentation of | ||||||
23 | disability,
however an Illinois Person with a Disability | ||||||
24 | Identification Card shall not qualify
the cardholder to | ||||||
25 | participate in any program or to receive any benefit
which is | ||||||
26 | not available to all persons with like disabilities.
|
| |||||||
| |||||||
1 | Notwithstanding any other provisions of law, an Illinois Person | ||||||
2 | with a Disability
Identification Card, or evidence that the | ||||||
3 | Secretary of State has issued an
Illinois Person with a | ||||||
4 | Disability Identification Card, shall not be used by any
person | ||||||
5 | other than the person named on such card to prove that the | ||||||
6 | person
named on such card is a disabled person or for any other | ||||||
7 | purpose unless the
card is used for the benefit of the person | ||||||
8 | named on such card, and the
person named on such card consents | ||||||
9 | to such use at the time the card is so used.
| ||||||
10 | An optometrist's determination of a visual disability | ||||||
11 | under Section 4A of this Act is acceptable as documentation for | ||||||
12 | the purpose of issuing an Illinois Person with a Disability | ||||||
13 | Identification Card. | ||||||
14 | When medical information is contained on an Illinois Person | ||||||
15 | with a Disability
Identification Card, the Office of the | ||||||
16 | Secretary of State shall not be
liable for any actions taken | ||||||
17 | based upon that medical information.
| ||||||
18 | (c) The Secretary of State shall provide
that each original | ||||||
19 | or renewal Illinois Identification Card or Illinois
Person with | ||||||
20 | a Disability Identification Card issued to a person under the | ||||||
21 | age of 21
shall be of a distinct nature from those Illinois | ||||||
22 | Identification Cards or
Illinois Person with a Disability | ||||||
23 | Identification Cards issued to individuals 21
years of age or | ||||||
24 | older. The color designated for Illinois Identification
Cards | ||||||
25 | or Illinois Person with a Disability Identification Cards for | ||||||
26 | persons under
the age of 21 shall be at the discretion of the |
| |||||||
| |||||||
1 | Secretary of State.
| ||||||
2 | (c-1) Each original or renewal Illinois
Identification | ||||||
3 | Card or Illinois Person with a Disability Identification Card | ||||||
4 | issued to
a person under the age of 21 shall display the date | ||||||
5 | upon which the person
becomes 18 years of age and the date upon | ||||||
6 | which the person becomes 21 years of
age.
| ||||||
7 | (c-3) The General Assembly recognizes the need to identify | ||||||
8 | military veterans living in this State for the purpose of | ||||||
9 | ensuring that they receive all of the services and benefits to | ||||||
10 | which they are legally entitled, including healthcare, | ||||||
11 | education assistance, and job placement. To assist the State in | ||||||
12 | identifying these veterans and delivering these vital services | ||||||
13 | and benefits, the Secretary of State is authorized to issue | ||||||
14 | Illinois Identification Cards and Illinois Person with a | ||||||
15 | Disability Identification Cards with the word "veteran" | ||||||
16 | appearing on the face of the cards. This authorization is | ||||||
17 | predicated on the unique status of veterans. The Secretary may | ||||||
18 | not issue any other identification card which identifies an | ||||||
19 | occupation, status, affiliation, hobby, or other unique | ||||||
20 | characteristics of the identification card holder which is | ||||||
21 | unrelated to the purpose of the identification card.
| ||||||
22 | (c-5) Beginning on or before July 1, 2015, the Secretary of | ||||||
23 | State shall designate a space on each original or renewal | ||||||
24 | identification card where, at the request of the applicant, the | ||||||
25 | word "veteran" shall be placed. The veteran designation shall | ||||||
26 | be available to a person identified as a veteran under |
| |||||||
| |||||||
1 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
2 | separated under honorable conditions. | ||||||
3 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
4 | discount card, to any natural person who is a resident of the | ||||||
5 | State of
Illinois who is 60 years of age or older and who | ||||||
6 | applies for such a card or
renewal thereof. The Secretary of | ||||||
7 | State shall charge no fee to issue such
card. The card shall be | ||||||
8 | issued in every county and applications shall be
made available | ||||||
9 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
10 | and Area Agencies on Aging. The applicant, upon receipt of such
| ||||||
11 | card and prior to its use for any purpose, shall have affixed | ||||||
12 | thereon in
the space provided therefor his signature or mark.
| ||||||
13 | (e) The Secretary of State, in his or her discretion, may | ||||||
14 | designate on each Illinois
Identification Card or Illinois | ||||||
15 | Person with a Disability Identification Card a space where the | ||||||
16 | card holder may place a sticker or decal, issued by the | ||||||
17 | Secretary of State, of uniform size as the Secretary may | ||||||
18 | specify, that shall indicate in appropriate language that the | ||||||
19 | card holder has renewed his or her Illinois
Identification Card | ||||||
20 | or Illinois Person with a Disability Identification Card. | ||||||
21 | (Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847, | ||||||
22 | eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, | ||||||
23 | eff. 8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
| ||||||
24 | Section 10. The Alcoholism and Other Drug Abuse and | ||||||
25 | Dependency Act is amended by changing Section 5-23 as follows: |
| |||||||
| |||||||
1 | (20 ILCS 301/5-23) | ||||||
2 | Sec. 5-23. Drug Overdose Prevention Program. | ||||||
3 | (a) Reports of drug overdose. | ||||||
4 | (1) The Director of the Division of Alcoholism and | ||||||
5 | Substance Abuse may publish annually a report on drug | ||||||
6 | overdose trends statewide that reviews State death rates | ||||||
7 | from available data to ascertain changes in the causes or | ||||||
8 | rates of fatal and nonfatal drug overdose for the preceding | ||||||
9 | period of not less than 5 years. The report shall also | ||||||
10 | provide information on interventions that would be | ||||||
11 | effective in reducing the rate of fatal or nonfatal drug | ||||||
12 | overdose. | ||||||
13 | (2) The report may include: | ||||||
14 | (A) Trends in drug overdose death rates. | ||||||
15 | (B) Trends in emergency room utilization related | ||||||
16 | to drug overdose and the cost impact of emergency room | ||||||
17 | utilization. | ||||||
18 | (C) Trends in utilization of pre-hospital and | ||||||
19 | emergency services and the cost impact of emergency | ||||||
20 | services utilization. | ||||||
21 | (D) Suggested improvements in data collection. | ||||||
22 | (E) A description of other interventions effective | ||||||
23 | in reducing the rate of fatal or nonfatal drug | ||||||
24 | overdose. | ||||||
25 | (b) Programs; drug overdose prevention. |
| |||||||
| |||||||
1 | (1) The Director may establish a program to provide for | ||||||
2 | the production and publication, in electronic and other | ||||||
3 | formats, of drug overdose prevention, recognition, and | ||||||
4 | response literature. The Director may develop and | ||||||
5 | disseminate curricula for use by professionals, | ||||||
6 | organizations, individuals, or committees interested in | ||||||
7 | the prevention of fatal and nonfatal drug overdose, | ||||||
8 | including, but not limited to, drug users, jail and prison | ||||||
9 | personnel, jail and prison inmates, drug treatment | ||||||
10 | professionals, emergency medical personnel, hospital | ||||||
11 | staff, families and associates of drug users, peace | ||||||
12 | officers, firefighters, public safety officers, needle | ||||||
13 | exchange program staff, and other persons. In addition to | ||||||
14 | information regarding drug overdose prevention, | ||||||
15 | recognition, and response, literature produced by the | ||||||
16 | Department shall stress that drug use remains illegal and | ||||||
17 | highly dangerous and that complete abstinence from illegal | ||||||
18 | drug use is the healthiest choice. The literature shall | ||||||
19 | provide information and resources for substance abuse | ||||||
20 | treatment. | ||||||
21 | The Director may establish or authorize programs for | ||||||
22 | prescribing, dispensing, or distributing naloxone | ||||||
23 | hydrochloride or any other similarly acting and equally | ||||||
24 | safe drug approved by the U.S. Food and Drug Administration | ||||||
25 | for the treatment of drug overdose. Such programs may | ||||||
26 | include the prescribing of naloxone hydrochloride or any |
| |||||||
| |||||||
1 | other similarly acting and equally safe drug approved by | ||||||
2 | the U.S. Food and Drug Administration for the treatment of | ||||||
3 | drug overdose to and education about administration by | ||||||
4 | individuals who are not personally at risk of opioid | ||||||
5 | overdose. | ||||||
6 | (2) The Director may provide advice to State and local | ||||||
7 | officials on the growing drug overdose crisis, including | ||||||
8 | the prevalence of drug overdose incidents, trends in drug | ||||||
9 | overdose incidents, and solutions to the drug overdose | ||||||
10 | crisis. | ||||||
11 | (c) Grants. | ||||||
12 | (1) The Director may award grants, in accordance with | ||||||
13 | this subsection, to create or support local drug overdose | ||||||
14 | prevention, recognition, and response projects. Local | ||||||
15 | health departments, correctional institutions, hospitals, | ||||||
16 | universities, community-based organizations, and | ||||||
17 | faith-based organizations may apply to the Department for a | ||||||
18 | grant under this subsection at the time and in the manner | ||||||
19 | the Director prescribes. | ||||||
20 | (2) In awarding grants, the Director shall consider the | ||||||
21 | necessity for overdose prevention projects in various | ||||||
22 | settings and shall encourage all grant applicants to | ||||||
23 | develop interventions that will be effective and viable in | ||||||
24 | their local areas. | ||||||
25 | (3) The Director shall give preference for grants to | ||||||
26 | proposals that, in addition to providing life-saving |
| |||||||
| |||||||
1 | interventions and responses, provide information to drug | ||||||
2 | users on how to access drug treatment or other strategies | ||||||
3 | for abstaining from illegal drugs. The Director shall give | ||||||
4 | preference to proposals that include one or more of the | ||||||
5 | following elements: | ||||||
6 | (A) Policies and projects to encourage persons, | ||||||
7 | including drug users, to call 911 when they witness a | ||||||
8 | potentially fatal drug overdose. | ||||||
9 | (B) Drug overdose prevention, recognition, and | ||||||
10 | response education projects in drug treatment centers, | ||||||
11 | outreach programs, and other organizations that work | ||||||
12 | with, or have access to, drug users and their families | ||||||
13 | and communities. | ||||||
14 | (C) Drug overdose recognition and response | ||||||
15 | training, including rescue breathing, in drug | ||||||
16 | treatment centers and for other organizations that | ||||||
17 | work with, or have access to, drug users and their | ||||||
18 | families and communities. | ||||||
19 | (D) The production and distribution of targeted or | ||||||
20 | mass media materials on drug overdose prevention and | ||||||
21 | response. | ||||||
22 | (E) Prescription and distribution of naloxone | ||||||
23 | hydrochloride or any other similarly acting and | ||||||
24 | equally safe drug approved by the U.S. Food and Drug | ||||||
25 | Administration for the treatment of drug overdose. | ||||||
26 | (F) The institution of education and training |
| |||||||
| |||||||
1 | projects on drug overdose response and treatment for | ||||||
2 | emergency services and law enforcement personnel. | ||||||
3 | (G) A system of parent, family, and survivor | ||||||
4 | education and mutual support groups. | ||||||
5 | (4) In addition to moneys appropriated by the General | ||||||
6 | Assembly, the Director may seek grants from private | ||||||
7 | foundations, the federal government, and other sources to | ||||||
8 | fund the grants under this Section and to fund an | ||||||
9 | evaluation of the programs supported by the grants. | ||||||
10 | (d) Health care professional prescription of drug overdose | ||||||
11 | treatment medication. | ||||||
12 | (1) A health care professional who, acting in good | ||||||
13 | faith, directly or by standing order, prescribes or | ||||||
14 | dispenses an opioid antidote to a patient who, in the | ||||||
15 | judgment of the health care professional, is capable of | ||||||
16 | administering the drug in an emergency, shall not, as a | ||||||
17 | result of his or her acts or omissions, be subject to | ||||||
18 | disciplinary or other adverse action under the Medical | ||||||
19 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
20 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
21 | or any other professional licensing statute. | ||||||
22 | (2) A person who is not otherwise licensed to | ||||||
23 | administer an opioid antidote may in an emergency | ||||||
24 | administer without fee an opioid antidote if the person has | ||||||
25 | received the patient information specified in paragraph | ||||||
26 | (4) of this subsection and believes in good faith that |
| |||||||
| |||||||
1 | another person is experiencing a drug overdose. The person | ||||||
2 | shall not, as a result of his or her acts or omissions, be | ||||||
3 | liable for any violation of the Medical Practice Act of | ||||||
4 | 1987, the Physician Assistant Practice Act of 1987, the | ||||||
5 | Nurse Practice Act, the Pharmacy Practice Act, or any other | ||||||
6 | professional licensing statute, or subject to any criminal | ||||||
7 | prosecution arising from or related to the unauthorized | ||||||
8 | practice of medicine or the possession of an opioid | ||||||
9 | antidote. | ||||||
10 | (3) A health care professional prescribing an opioid | ||||||
11 | antidote 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, advanced practice nurses, physician | ||||||
3 | assistants, substance abuse programs, and other interested | ||||||
4 | groups, shall develop and disseminate to health care | ||||||
5 | professionals, community-based organizations, substance | ||||||
6 | abuse programs, and other organizations training materials | ||||||
7 | in video, electronic, or other formats to facilitate the | ||||||
8 | provision of such patient information. | ||||||
9 | (4) For the purposes of this subsection: | ||||||
10 | "Opioid antidote" means naloxone hydrochloride or any | ||||||
11 | other similarly acting and equally safe drug approved by | ||||||
12 | the U.S. Food and Drug Administration for the treatment of | ||||||
13 | drug overdose. | ||||||
14 | "Health care professional" means a physician licensed | ||||||
15 | to practice medicine in all its branches, a physician | ||||||
16 | assistant who has been delegated the prescription or | ||||||
17 | dispensation of an opioid antidote by his or her | ||||||
18 | supervising physician, an advanced practice registered | ||||||
19 | nurse who has a written collaborative agreement with a | ||||||
20 | collaborating physician that authorizes the prescription | ||||||
21 | or dispensation of an opioid antidote , or an advanced | ||||||
22 | practice nurse who practices in a hospital or ambulatory | ||||||
23 | surgical treatment center and possesses appropriate | ||||||
24 | clinical privileges in accordance with the Nurse Practice | ||||||
25 | Act. | ||||||
26 | "Patient" includes a person who is not at risk of |
| |||||||
| |||||||
1 | opioid overdose but who, in the judgment of the physician, | ||||||
2 | may be in a position to assist another individual during an | ||||||
3 | overdose and who has received patient information as | ||||||
4 | required in paragraph (2) of this subsection on the | ||||||
5 | indications for and administration of an opioid antidote. | ||||||
6 | "Patient information" includes information provided to | ||||||
7 | the patient on drug overdose prevention and recognition; | ||||||
8 | how to perform rescue breathing and resuscitation; opioid | ||||||
9 | antidote dosage and administration; the importance of | ||||||
10 | calling 911; care for the overdose victim after | ||||||
11 | administration of the overdose antidote; and other issues | ||||||
12 | as necessary.
| ||||||
13 | (Source: P.A. 96-361, eff. 1-1-10.) | ||||||
14 | Section 15. The School Code is amended by changing Sections | ||||||
15 | 22-30, 24-5, 24-6, 26-1, and 27-8.1 as follows:
| ||||||
16 | (105 ILCS 5/22-30)
| ||||||
17 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
18 | medication and epinephrine auto-injectors; administration of | ||||||
19 | undesignated epinephrine auto-injectors.
| ||||||
20 | (a) For the purpose of this Section only, the following | ||||||
21 | terms shall have the meanings set forth below:
| ||||||
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 physician assistant who has been delegated the authority | ||||||
5 | to prescribe
asthma
medications by his or her supervising | ||||||
6 | physician, or (iii) an advanced practice
nurse who has a | ||||||
7 | written
collaborative agreement with a collaborating physician | ||||||
8 | that delegates the
authority
to prescribe asthma medications,
| ||||||
9 | for a pupil that pertains to the pupil's
asthma and that has an | ||||||
10 | individual prescription label.
| ||||||
11 | "School nurse" means a registered nurse working in a school | ||||||
12 | with or without licensure endorsed in school nursing. | ||||||
13 | "Self-administration" means a pupil's discretionary use of | ||||||
14 | his or
her prescribed asthma medication or epinephrine | ||||||
15 | auto-injector.
| ||||||
16 | "Self-carry" means a pupil's ability to carry his or her | ||||||
17 | prescribed asthma medication or epinephrine auto-injector. | ||||||
18 | "Standing protocol" may be issued by (i) a physician | ||||||
19 | licensed to practice medicine in all its branches, (ii) a | ||||||
20 | physician assistant who has been delegated the authority to | ||||||
21 | prescribe asthma medications or epinephrine auto-injectors by | ||||||
22 | his or her supervising physician, or (iii) an advanced practice | ||||||
23 | nurse who has a collaborative agreement with a collaborating | ||||||
24 | physician that delegates authority to issue a standing protocol | ||||||
25 | for asthma medications or epinephrine auto-injectors . | ||||||
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 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
nurse | ||||||
3 | 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 | and (iii) administer an undesignated epinephrine auto-injector | ||||||
12 | to any person that the school nurse or trained personnel in | ||||||
13 | good faith believes is having an anaphylactic reaction. | ||||||
14 | (c) The school district, public school, or nonpublic school | ||||||
15 | must inform the parents or
guardians of the
pupil, in writing, | ||||||
16 | that the school district, public school, or nonpublic school | ||||||
17 | and its
employees and
agents, including a physician, physician | ||||||
18 | assistant, or advanced practice nurse providing standing | ||||||
19 | protocol or prescription for school epinephrine | ||||||
20 | auto-injectors,
are to incur no liability or professional | ||||||
21 | discipline, except for willful and wanton conduct, as a result
| ||||||
22 | of any injury arising from the
administration of asthma | ||||||
23 | medication or of an epinephrine auto-injector regardless of | ||||||
24 | whether authorization was given by the pupil's parents or | ||||||
25 | guardians or by the pupil's physician, physician assistant, or | ||||||
26 | advanced practice nurse. The parents or guardians
of the pupil |
| |||||||
| |||||||
1 | must sign a statement acknowledging that the school district, | ||||||
2 | public school,
or nonpublic school and its employees and agents | ||||||
3 | are to incur no liability, except for willful and wanton
| ||||||
4 | conduct, as a result of any injury arising
from the
| ||||||
5 | administration of asthma medication or of an epinephrine | ||||||
6 | auto-injector regardless of whether authorization was given by | ||||||
7 | the pupil's parents or guardians or by the pupil's physician, | ||||||
8 | physician assistant, or advanced practice nurse and that the | ||||||
9 | parents or
guardians must indemnify and hold harmless the | ||||||
10 | school district, public school, or nonpublic
school and
its
| ||||||
11 | employees and agents against any claims, except a claim based | ||||||
12 | on willful and
wanton conduct, arising out of the
| ||||||
13 | administration of asthma medication or of an epinephrine | ||||||
14 | auto-injector regardless of whether authorization was given by | ||||||
15 | the pupil's parents or guardians or by the pupil's physician, | ||||||
16 | physician assistant, or advanced practice nurse. | ||||||
17 | (c-5) Upon the effective date of this amendatory Act of the | ||||||
18 | 98th General Assembly, when a school nurse or trained personnel | ||||||
19 | administers an undesignated epinephrine auto-injector to a | ||||||
20 | person whom the school nurse or trained personnel in good faith | ||||||
21 | believes is having an anaphylactic reaction, notwithstanding | ||||||
22 | the lack of notice to the parents or guardians of the pupil or | ||||||
23 | the absence of the parents or guardians signed statement | ||||||
24 | acknowledging no liability, except for willful and wanton | ||||||
25 | conduct, the school district, public school, or nonpublic | ||||||
26 | school and its employees and agents, and a physician, a |
| |||||||
| |||||||
1 | physician assistant, or an advanced practice nurse providing | ||||||
2 | standing protocol or prescription for undesignated epinephrine | ||||||
3 | auto-injectors, are to incur no liability or professional | ||||||
4 | discipline, except for willful and wanton conduct, as a result | ||||||
5 | of any injury arising from the use of an undesignated | ||||||
6 | epinephrine auto-injector regardless of whether authorization | ||||||
7 | was given by the pupil's parents or guardians or by the pupil's | ||||||
8 | physician, physician assistant, or advanced practice nurse.
| ||||||
9 | (d) The permission for self-administration and self-carry | ||||||
10 | of asthma medication or the self-administration and self-carry | ||||||
11 | of an epinephrine auto-injector is effective
for the school | ||||||
12 | year for which it is granted and shall be renewed each
| ||||||
13 | subsequent school year upon fulfillment of the requirements of | ||||||
14 | this
Section.
| ||||||
15 | (e) Provided that the requirements of this Section are | ||||||
16 | fulfilled, a
pupil with asthma may self-administer and | ||||||
17 | self-carry his or her asthma medication or a pupil may | ||||||
18 | self-administer and self-carry an epinephrine auto-injector | ||||||
19 | (i) while in
school, (ii) while at a school-sponsored activity, | ||||||
20 | (iii) while under the
supervision of
school personnel, or (iv) | ||||||
21 | before or after normal school activities, such
as while in | ||||||
22 | before-school or after-school care on school-operated
| ||||||
23 | property.
| ||||||
24 | (e-5) Provided that the requirements of this Section are | ||||||
25 | fulfilled, a school nurse or trained personnel may administer | ||||||
26 | an undesignated epinephrine auto-injector to any person whom |
| |||||||
| |||||||
1 | the school nurse or trained personnel in good faith believes to | ||||||
2 | be having an anaphylactic reaction (i) while in school, (ii) | ||||||
3 | while at a school-sponsored activity, (iii) while under the | ||||||
4 | supervision of school personnel, or (iv) before or after normal | ||||||
5 | school activities, such
as while in before-school or | ||||||
6 | after-school care on school-operated property. A school nurse | ||||||
7 | or trained personnel may carry undesignated epinephrine | ||||||
8 | auto-injectors on his or her person while in school or at a | ||||||
9 | school-sponsored activity. | ||||||
10 | (f) The school district, public school, or nonpublic school | ||||||
11 | may maintain a supply of undesignated epinephrine | ||||||
12 | auto-injectors in any secure location where an allergic person | ||||||
13 | is most at risk, including, but not limited to, classrooms and | ||||||
14 | lunchrooms. A physician, a physician assistant who has been | ||||||
15 | delegated prescriptive authority for asthma medication or | ||||||
16 | epinephrine auto-injectors in accordance with Section 7.5 of | ||||||
17 | the Physician Assistant Practice Act of 1987, or an advanced | ||||||
18 | practice nurse who has been delegated prescriptive authority | ||||||
19 | for asthma medication or epinephrine auto-injectors in | ||||||
20 | accordance with Section 65-40 of the Nurse Practice Act may | ||||||
21 | prescribe undesignated epinephrine auto-injectors in the name | ||||||
22 | of the school district, public school, or nonpublic school to | ||||||
23 | be maintained for use when necessary. Any supply of epinephrine | ||||||
24 | auto-injectors shall be maintained in accordance with the | ||||||
25 | manufacturer's instructions. | ||||||
26 | (f-5) Upon any administration of an epinephrine |
| |||||||
| |||||||
1 | auto-injector, a school district, public school, or nonpublic | ||||||
2 | school must immediately activate the EMS system and notify the | ||||||
3 | student's parent, guardian, or emergency contact, if known. | ||||||
4 | (f-10) Within 24 hours of the administration of an | ||||||
5 | undesignated epinephrine auto-injector, a school district, | ||||||
6 | public school, or nonpublic school must notify the physician, | ||||||
7 | physician assistant, or advance practice nurse who provided the | ||||||
8 | standing protocol or prescription for the undesignated | ||||||
9 | epinephrine auto-injector of its use. | ||||||
10 | (g) Prior to the administration of an undesignated | ||||||
11 | epinephrine auto-injector, trained personnel must submit to | ||||||
12 | his or her school's administration proof of completion of a | ||||||
13 | training curriculum to recognize and respond to anaphylaxis | ||||||
14 | that meets the requirements of subsection (h) of this Section. | ||||||
15 | Training must be completed annually. Trained personnel must | ||||||
16 | also submit to his or her school's administration proof of | ||||||
17 | cardiopulmonary resuscitation and automated external | ||||||
18 | defibrillator certification. The school district, public | ||||||
19 | school, or nonpublic school must maintain records related to | ||||||
20 | the training curriculum and trained personnel. | ||||||
21 | (h) A training curriculum to recognize and respond to | ||||||
22 | anaphylaxis, including the administration of an undesignated | ||||||
23 | epinephrine auto-injector, may be conducted online or in | ||||||
24 | person. It must include, but is not limited to: | ||||||
25 | (1) how to recognize symptoms of an allergic reaction; | ||||||
26 | (2) a review of high-risk areas within the school and |
| |||||||
| |||||||
1 | its related facilities; | ||||||
2 | (3) steps to take to prevent exposure to allergens; | ||||||
3 | (4) how to respond to an emergency involving an | ||||||
4 | allergic reaction; | ||||||
5 | (5) how to administer an epinephrine auto-injector; | ||||||
6 | (6) how to respond to a student with a known allergy as | ||||||
7 | well as a student with a previously unknown allergy; | ||||||
8 | (7) a test demonstrating competency of the knowledge | ||||||
9 | required to recognize anaphylaxis and administer an | ||||||
10 | epinephrine auto-injector; and | ||||||
11 | (8) other criteria as determined in rules adopted | ||||||
12 | pursuant to this Section. | ||||||
13 | In consultation with statewide professional organizations | ||||||
14 | representing physicians licensed to practice medicine in all of | ||||||
15 | its branches, registered nurses, and school nurses, the Board | ||||||
16 | shall make available resource materials consistent with | ||||||
17 | criteria in this subsection (h) for educating trained personnel | ||||||
18 | to recognize and respond to anaphylaxis. The Board may take | ||||||
19 | into consideration the curriculum on this subject developed by | ||||||
20 | other states, as well as any other curricular materials | ||||||
21 | suggested by medical experts and other groups that work on | ||||||
22 | life-threatening allergy issues. The Board is not required to | ||||||
23 | create new resource materials. The Board shall make these | ||||||
24 | resource materials available on its Internet website. | ||||||
25 | (i) Within 3 days after the administration of an | ||||||
26 | undesignated epinephrine auto-injector by a school nurse, |
| |||||||
| |||||||
1 | trained personnel, or a student at a school or school-sponsored | ||||||
2 | activity, the school must report to the Board in a form and | ||||||
3 | manner prescribed by the Board the following information: | ||||||
4 | (1) age and type of person receiving epinephrine | ||||||
5 | (student, staff, visitor); | ||||||
6 | (2) any previously known diagnosis of a severe allergy; | ||||||
7 | (3) trigger that precipitated allergic episode; | ||||||
8 | (4) location where symptoms developed; | ||||||
9 | (5) number of doses administered; | ||||||
10 | (6) type of person administering epinephrine (school | ||||||
11 | nurse, trained personnel, student); and | ||||||
12 | (7) any other information required by the Board. | ||||||
13 | (j) By October 1, 2015 and every year thereafter, the Board | ||||||
14 | shall submit a report to the General Assembly identifying the | ||||||
15 | frequency and circumstances of epinephrine administration | ||||||
16 | during the preceding academic year. This report shall be | ||||||
17 | published on the Board's Internet website on the date the | ||||||
18 | report is delivered to the General Assembly. | ||||||
19 | (k) The Board may adopt rules necessary to implement this | ||||||
20 | Section. | ||||||
21 | (Source: P.A. 97-361, eff. 8-15-11; 98-795, eff. 8-1-14.)
| ||||||
22 | (105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
| ||||||
23 | Sec. 24-5. Physical fitness and professional growth. | ||||||
24 | (a) In this Section, "employee" means any employee of a | ||||||
25 | school district, a student teacher, an employee of a contractor |
| |||||||
| |||||||
1 | that provides services to students or in schools, or any other | ||||||
2 | individual subject to the requirements of Section 10-21.9 or | ||||||
3 | 34-18.5 of this Code. | ||||||
4 | (b) School boards shall require of new employees evidence | ||||||
5 | of physical
fitness to perform duties assigned and freedom from | ||||||
6 | communicable disease. Such evidence shall consist of a physical
| ||||||
7 | examination
by a physician licensed in Illinois or any other | ||||||
8 | state to practice medicine
and surgery in all its branches, an | ||||||
9 | advanced practice nurse who has a written collaborative | ||||||
10 | agreement with a collaborating physician that authorizes the | ||||||
11 | advanced practice nurse to perform health examinations , or a | ||||||
12 | physician assistant who has been delegated the authority to | ||||||
13 | perform health examinations by his or her supervising physician | ||||||
14 | not more than 90 days preceding time of
presentation to the | ||||||
15 | board, and the cost of such examination shall rest with the
| ||||||
16 | employee. A new or existing employee may be subject to | ||||||
17 | additional health examinations, including screening for | ||||||
18 | tuberculosis, as required by rules adopted by the Department of | ||||||
19 | Public Health or by order of a local public health official. | ||||||
20 | The board may from time to time require an examination of any
| ||||||
21 | employee by a physician licensed in Illinois to practice | ||||||
22 | medicine and
surgery in all its branches, an advanced practice | ||||||
23 | nurse who has a written collaborative agreement with a | ||||||
24 | collaborating physician that authorizes the advanced practice | ||||||
25 | nurse to perform health examinations , or a physician assistant | ||||||
26 | who has been delegated the authority to perform health |
| |||||||
| |||||||
1 | examinations by his or her supervising physician and shall pay | ||||||
2 | the expenses thereof from school
funds. | ||||||
3 | (c) School boards may require teachers in their employ to | ||||||
4 | furnish from
time to time evidence of continued professional | ||||||
5 | growth.
| ||||||
6 | (Source: P.A. 98-716, eff. 7-16-14.)
| ||||||
7 | (105 ILCS 5/24-6)
| ||||||
8 | Sec. 24-6. Sick leave. The school boards of all school | ||||||
9 | districts, including special charter
districts, but not | ||||||
10 | including school districts in municipalities of 500,000
or | ||||||
11 | more, shall grant their full-time teachers, and also shall | ||||||
12 | grant
such of their other employees as are eligible to | ||||||
13 | participate in the
Illinois Municipal Retirement Fund under the | ||||||
14 | "600-Hour Standard"
established, or under such other | ||||||
15 | eligibility participation standard as may
from time to time be | ||||||
16 | established, by rules and regulations now or hereafter
| ||||||
17 | promulgated by the Board of that Fund under Section 7-198 of | ||||||
18 | the Illinois
Pension Code, as now or hereafter amended, sick | ||||||
19 | leave
provisions not less in amount than 10 days at full pay in | ||||||
20 | each school year.
If any such teacher or employee does not use | ||||||
21 | the full amount of annual leave
thus allowed, the unused amount | ||||||
22 | shall be allowed to accumulate to a minimum
available leave of | ||||||
23 | 180 days at full pay, including the leave of the current
year. | ||||||
24 | Sick leave shall be interpreted to mean personal illness, | ||||||
25 | quarantine
at home, serious illness or death in the immediate |
| |||||||
| |||||||
1 | family or household, or
birth, adoption, or placement for | ||||||
2 | adoption.
The school board may require a certificate from a | ||||||
3 | physician licensed in Illinois to practice medicine and surgery | ||||||
4 | in all its branches, a chiropractic physician licensed under | ||||||
5 | the Medical Practice Act of 1987, an advanced practice nurse | ||||||
6 | who has a written collaborative agreement with a collaborating | ||||||
7 | physician that authorizes the advanced practice nurse to | ||||||
8 | perform health examinations , a physician assistant who has been | ||||||
9 | delegated the authority to perform health examinations by his | ||||||
10 | or her supervising physician, or, if the treatment
is by prayer | ||||||
11 | or spiritual means, a spiritual adviser or
practitioner of the | ||||||
12 | teacher's or employee's faith as a basis for pay during leave | ||||||
13 | after
an absence of 3 days for personal illness or 30 days for | ||||||
14 | birth or as the school board may deem necessary in
other cases. | ||||||
15 | If the school board does require a
certificate
as a basis for | ||||||
16 | pay during leave of
less than 3 days for personal illness, the | ||||||
17 | school board shall pay, from school funds, the
expenses | ||||||
18 | incurred by the teachers or other employees in obtaining the | ||||||
19 | certificate. For paid leave for adoption or placement for | ||||||
20 | adoption, the school board may require that the teacher or | ||||||
21 | other employee provide evidence that the formal adoption | ||||||
22 | process is underway, and such leave is limited to 30 days | ||||||
23 | unless a longer leave has been negotiated with the exclusive | ||||||
24 | bargaining representative.
| ||||||
25 | If, by reason of any change in the boundaries of school | ||||||
26 | districts, or by
reason of the creation of a new school |
| |||||||
| |||||||
1 | district, the employment of a
teacher is transferred to a new | ||||||
2 | or different board, the accumulated sick
leave of such teacher | ||||||
3 | is not thereby lost, but is transferred to such new
or | ||||||
4 | different district.
| ||||||
5 | For purposes of this Section, "immediate family" shall | ||||||
6 | include parents,
spouse, brothers, sisters, children, | ||||||
7 | grandparents, grandchildren,
parents-in-law, brothers-in-law, | ||||||
8 | sisters-in-law, and legal guardians.
| ||||||
9 | (Source: P.A. 95-151, eff. 8-14-07; 96-51, eff. 7-23-09; | ||||||
10 | 96-367, eff. 8-13-09; 96-1000, eff. 7-2-10.)
| ||||||
11 | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
| ||||||
12 | Sec. 26-1. Compulsory school age-Exemptions. Whoever has | ||||||
13 | custody or control of any child (i) between the ages of 7 and | ||||||
14 | 17
years (unless the child has already graduated from high | ||||||
15 | school) for school years before the 2014-2015 school year or | ||||||
16 | (ii) between the ages
of 6 (on or before September 1) and 17 | ||||||
17 | years (unless the child has already graduated from high school) | ||||||
18 | beginning with the 2014-2015 school year
shall cause such child | ||||||
19 | to attend some public school in the district
wherein the child | ||||||
20 | resides the entire time it is in session during the
regular | ||||||
21 | school term, except as provided in Section 10-19.1, and during | ||||||
22 | a
required summer school program established under Section | ||||||
23 | 10-22.33B; provided,
that
the following children shall not be | ||||||
24 | required to attend the public schools:
| ||||||
25 | 1. Any child attending a private or a parochial school |
| |||||||
| |||||||
1 | where children
are taught the branches of education taught | ||||||
2 | to children of corresponding
age and grade in the public | ||||||
3 | schools, and where the instruction of the child
in the | ||||||
4 | branches of education is in the English language;
| ||||||
5 | 2. Any child who is physically or mentally unable to | ||||||
6 | attend school, such
disability being certified to the | ||||||
7 | county or district truant officer by a
competent physician | ||||||
8 | licensed in Illinois to practice medicine and surgery in | ||||||
9 | all its branches, a chiropractic physician licensed under | ||||||
10 | the Medical Practice Act of 1987, an advanced practice | ||||||
11 | nurse who has a written collaborative agreement with a | ||||||
12 | collaborating physician that authorizes the advanced | ||||||
13 | practice nurse to perform health examinations , a physician | ||||||
14 | assistant who has been delegated the authority to perform | ||||||
15 | health examinations by his or her supervising physician, or | ||||||
16 | a Christian Science practitioner residing in this
State and | ||||||
17 | listed in the Christian Science Journal; or who is excused | ||||||
18 | for
temporary absence for cause by
the principal or teacher | ||||||
19 | of the school which the child attends; the exemptions
in | ||||||
20 | this paragraph (2) do not apply to any female who is | ||||||
21 | pregnant or the
mother of one or more children, except | ||||||
22 | where a female is unable to attend
school due to a | ||||||
23 | complication arising from her pregnancy and the existence
| ||||||
24 | of such complication is certified to the county or district | ||||||
25 | truant officer
by a competent physician;
| ||||||
26 | 3. Any child necessarily and lawfully employed |
| |||||||
| |||||||
1 | according to the
provisions of the law regulating child | ||||||
2 | labor may be excused from attendance
at school by the | ||||||
3 | county superintendent of schools or the superintendent of
| ||||||
4 | the public school which the child should be attending, on | ||||||
5 | certification of
the facts by and the recommendation of the | ||||||
6 | school board of the public
school district in which the | ||||||
7 | child resides. In districts having part time
continuation | ||||||
8 | schools, children so excused shall attend such schools at
| ||||||
9 | least 8 hours each week;
| ||||||
10 | 4. Any child over 12 and under 14 years of age while in | ||||||
11 | attendance at
confirmation classes;
| ||||||
12 | 5. Any child absent from a public school on a | ||||||
13 | particular day or days
or at a particular time of day for | ||||||
14 | the reason that he is unable to attend
classes or to | ||||||
15 | participate in any examination, study or work requirements | ||||||
16 | on
a particular day or days or at a particular time of day, | ||||||
17 | because the tenets
of his religion forbid secular activity | ||||||
18 | on a particular day or days or at a
particular time of day. | ||||||
19 | Each school board shall prescribe rules and
regulations | ||||||
20 | relative to absences for religious holidays including, but | ||||||
21 | not
limited to, a list of religious holidays on which it | ||||||
22 | shall be mandatory to
excuse a child; but nothing in this | ||||||
23 | paragraph 5 shall be construed to limit
the right of any | ||||||
24 | school board, at its discretion, to excuse an absence on
| ||||||
25 | any other day by reason of the observance of a religious | ||||||
26 | holiday. A school
board may require the parent or guardian |
| |||||||
| |||||||
1 | of a child who is to be excused
from attending school due | ||||||
2 | to the observance of a religious holiday to give
notice, | ||||||
3 | not exceeding 5 days, of the child's absence to the school
| ||||||
4 | principal or other school personnel. Any child excused from | ||||||
5 | attending
school under this paragraph 5 shall not be | ||||||
6 | required to submit a written
excuse for such absence after | ||||||
7 | returning to school; and | ||||||
8 | 6. Any child 16 years of age or older who (i) submits | ||||||
9 | to a school district evidence of necessary and lawful | ||||||
10 | employment pursuant to paragraph 3 of this Section and (ii) | ||||||
11 | is enrolled in a graduation incentives program pursuant to | ||||||
12 | Section 26-16 of this Code or an alternative learning | ||||||
13 | opportunities program established pursuant to Article 13B | ||||||
14 | of this Code.
| ||||||
15 | (Source: P.A. 98-544, eff. 7-1-14 .)
| ||||||
16 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||||||
17 | Sec. 27-8.1. Health examinations and immunizations. | ||||||
18 | (1) In compliance with rules and regulations which the | ||||||
19 | Department of Public
Health shall promulgate, and except as | ||||||
20 | hereinafter provided, all children in
Illinois shall have a | ||||||
21 | health examination as follows: within one year prior to
| ||||||
22 | entering kindergarten or the first grade of any public, | ||||||
23 | private, or parochial
elementary school; upon entering the | ||||||
24 | sixth and ninth grades of any public,
private, or parochial | ||||||
25 | school; prior to entrance into any public, private, or
|
| |||||||
| |||||||
1 | parochial nursery school; and, irrespective of grade, | ||||||
2 | immediately prior to or
upon entrance into any public, private, | ||||||
3 | or parochial school or nursery school,
each child shall present | ||||||
4 | proof of having been examined in accordance with this
Section | ||||||
5 | and the rules and regulations promulgated hereunder. Any child | ||||||
6 | who received a health examination within one year prior to | ||||||
7 | entering the fifth grade for the 2007-2008 school year is not | ||||||
8 | required to receive an additional health examination in order | ||||||
9 | to comply with the provisions of Public Act 95-422 when he or | ||||||
10 | she attends school for the 2008-2009 school year, unless the | ||||||
11 | child is attending school for the first time as provided in | ||||||
12 | this paragraph. | ||||||
13 | A tuberculosis skin test screening shall be included as a | ||||||
14 | required part of
each health examination included under this | ||||||
15 | Section if the child resides in an
area designated by the | ||||||
16 | Department of Public Health as having a high incidence
of | ||||||
17 | tuberculosis. Additional health examinations of pupils, | ||||||
18 | including eye examinations, may be required when deemed | ||||||
19 | necessary by school
authorities. Parents are encouraged to have | ||||||
20 | their children undergo eye examinations at the same points in | ||||||
21 | time required for health
examinations. | ||||||
22 | (1.5) In compliance with rules adopted by the Department of | ||||||
23 | Public Health and except as otherwise provided in this Section, | ||||||
24 | all children in kindergarten and the second and sixth grades of | ||||||
25 | any public, private, or parochial school shall have a dental | ||||||
26 | examination. Each of these children shall present proof of |
| |||||||
| |||||||
1 | having been examined by a dentist in accordance with this | ||||||
2 | Section and rules adopted under this Section before May 15th of | ||||||
3 | the school year. If a child in the second or sixth grade fails | ||||||
4 | to present proof by May 15th, the school may hold the child's | ||||||
5 | report card until one of the following occurs: (i) the child | ||||||
6 | presents proof of a completed dental examination or (ii) the | ||||||
7 | child presents proof that a dental examination will take place | ||||||
8 | within 60 days after May 15th. The Department of Public Health | ||||||
9 | shall establish, by rule, a waiver for children who show an | ||||||
10 | undue burden or a lack of access to a dentist. Each public, | ||||||
11 | private, and parochial school must give notice of this dental | ||||||
12 | examination requirement to the parents and guardians of | ||||||
13 | students at least 60 days before May 15th of each school year.
| ||||||
14 | (1.10) Except as otherwise provided in this Section, all | ||||||
15 | children enrolling in kindergarten in a public, private, or | ||||||
16 | parochial school on or after the effective date of this | ||||||
17 | amendatory Act of the 95th General Assembly and any student | ||||||
18 | enrolling for the first time in a public, private, or parochial | ||||||
19 | school on or after the effective date of this amendatory Act of | ||||||
20 | the 95th General Assembly shall have an eye examination. Each | ||||||
21 | of these children shall present proof of having been examined | ||||||
22 | by a physician licensed to practice medicine in all of its | ||||||
23 | branches or a licensed optometrist within the previous year, in | ||||||
24 | accordance with this Section and rules adopted under this | ||||||
25 | Section, before October 15th of the school year. If the child | ||||||
26 | fails to present proof by October 15th, the school may hold the |
| |||||||
| |||||||
1 | child's report card until one of the following occurs: (i) the | ||||||
2 | child presents proof of a completed eye examination or (ii) the | ||||||
3 | child presents proof that an eye examination will take place | ||||||
4 | within 60 days after October 15th. The Department of Public | ||||||
5 | Health shall establish, by rule, a waiver for children who show | ||||||
6 | an undue burden or a lack of access to a physician licensed to | ||||||
7 | practice medicine in all of its branches who provides eye | ||||||
8 | examinations or to a licensed optometrist. Each public, | ||||||
9 | private, and parochial school must give notice of this eye | ||||||
10 | examination requirement to the parents and guardians of | ||||||
11 | students in compliance with rules of the Department of Public | ||||||
12 | Health. Nothing in this Section shall be construed to allow a | ||||||
13 | school to exclude a child from attending because of a parent's | ||||||
14 | or guardian's failure to obtain an eye examination for the | ||||||
15 | child.
| ||||||
16 | (2) The Department of Public Health shall promulgate rules | ||||||
17 | and regulations
specifying the examinations and procedures | ||||||
18 | that constitute a health examination, which shall include the | ||||||
19 | collection of data relating to obesity
(including at a minimum, | ||||||
20 | date of birth, gender, height, weight, blood pressure, and date | ||||||
21 | of exam),
and a dental examination and may recommend by rule | ||||||
22 | that certain additional examinations be performed.
The rules | ||||||
23 | and regulations of the Department of Public Health shall | ||||||
24 | specify that
a tuberculosis skin test screening shall be | ||||||
25 | included as a required part of each
health examination included | ||||||
26 | under this Section if the child resides in an area
designated |
| |||||||
| |||||||
1 | by the Department of Public Health as having a high incidence | ||||||
2 | of
tuberculosis.
The Department of Public Health shall specify | ||||||
3 | that a diabetes
screening as defined by rule shall be included | ||||||
4 | as a required part of each
health examination.
Diabetes testing | ||||||
5 | is not required. | ||||||
6 | Physicians licensed to practice medicine in all of its | ||||||
7 | branches, advanced
practice nurses who have a written | ||||||
8 | collaborative agreement with
a collaborating physician which | ||||||
9 | authorizes them to perform health
examinations , or physician | ||||||
10 | assistants who have been delegated the
performance of health | ||||||
11 | examinations by their supervising physician
shall be
| ||||||
12 | responsible for the performance of the health examinations, | ||||||
13 | other than dental
examinations, eye examinations, and vision | ||||||
14 | and hearing screening, and shall sign all report forms
required | ||||||
15 | by subsection (4) of this Section that pertain to those | ||||||
16 | portions of
the health examination for which the physician, | ||||||
17 | advanced practice nurse, or
physician assistant is | ||||||
18 | responsible.
If a registered
nurse performs any part of a | ||||||
19 | health examination, then a physician licensed to
practice | ||||||
20 | medicine in all of its branches must review and sign all | ||||||
21 | required
report forms. Licensed dentists shall perform all | ||||||
22 | dental examinations and
shall sign all report forms required by | ||||||
23 | subsection (4) of this Section that
pertain to the dental | ||||||
24 | examinations. Physicians licensed to practice medicine
in all | ||||||
25 | its branches or licensed optometrists shall perform all eye | ||||||
26 | examinations
required by this Section and shall sign all report |
| |||||||
| |||||||
1 | forms required by
subsection (4) of this Section that pertain | ||||||
2 | to the eye examination. For purposes of this Section, an eye | ||||||
3 | examination shall at a minimum include history, visual acuity, | ||||||
4 | subjective refraction to best visual acuity near and far, | ||||||
5 | internal and external examination, and a glaucoma evaluation, | ||||||
6 | as well as any other tests or observations that in the | ||||||
7 | professional judgment of the doctor are necessary. Vision and
| ||||||
8 | hearing screening tests, which shall not be considered | ||||||
9 | examinations as that
term is used in this Section, shall be | ||||||
10 | conducted in accordance with rules and
regulations of the | ||||||
11 | Department of Public Health, and by individuals whom the
| ||||||
12 | Department of Public Health has certified.
In these rules and | ||||||
13 | regulations, the Department of Public Health shall
require that | ||||||
14 | individuals conducting vision screening tests give a child's
| ||||||
15 | parent or guardian written notification, before the vision | ||||||
16 | screening is
conducted, that states, "Vision screening is not a | ||||||
17 | substitute for a
complete eye and vision evaluation by an eye | ||||||
18 | doctor. Your child is not
required to undergo this vision | ||||||
19 | screening if an optometrist or
ophthalmologist has completed | ||||||
20 | and signed a report form indicating that
an examination has | ||||||
21 | been administered within the previous 12 months." | ||||||
22 | (3) Every child shall, at or about the same time as he or | ||||||
23 | she receives
a health examination required by subsection (1) of | ||||||
24 | this Section, present
to the local school proof of having | ||||||
25 | received such immunizations against
preventable communicable | ||||||
26 | diseases as the Department of Public Health shall
require by |
| |||||||
| |||||||
1 | rules and regulations promulgated pursuant to this Section and | ||||||
2 | the
Communicable Disease Prevention Act. | ||||||
3 | (4) The individuals conducting the health examination,
| ||||||
4 | dental examination, or eye examination shall record the
fact of | ||||||
5 | having conducted the examination, and such additional | ||||||
6 | information as
required, including for a health examination
| ||||||
7 | data relating to obesity
(including at a minimum, date of | ||||||
8 | birth, gender, height, weight, blood pressure, and date of | ||||||
9 | exam), on uniform forms which the Department of Public Health | ||||||
10 | and the State
Board of Education shall prescribe for statewide | ||||||
11 | use. The examiner shall
summarize on the report form any | ||||||
12 | condition that he or she suspects indicates a
need for special | ||||||
13 | services, including for a health examination factors relating | ||||||
14 | to obesity. The individuals confirming the administration of
| ||||||
15 | required immunizations shall record as indicated on the form | ||||||
16 | that the
immunizations were administered. | ||||||
17 | (5) If a child does not submit proof of having had either | ||||||
18 | the health
examination or the immunization as required, then | ||||||
19 | the child shall be examined
or receive the immunization, as the | ||||||
20 | case may be, and present proof by October
15 of the current | ||||||
21 | school year, or by an earlier date of the current school year
| ||||||
22 | established by a school district. To establish a date before | ||||||
23 | October 15 of the
current school year for the health | ||||||
24 | examination or immunization as required, a
school district must | ||||||
25 | give notice of the requirements of this Section 60 days
prior | ||||||
26 | to the earlier established date. If for medical reasons one or |
| |||||||
| |||||||
1 | more of
the required immunizations must be given after October | ||||||
2 | 15 of the current school
year, or after an earlier established | ||||||
3 | date of the current school year, then
the child shall present, | ||||||
4 | by October 15, or by the earlier established date, a
schedule | ||||||
5 | for the administration of the immunizations and a statement of | ||||||
6 | the
medical reasons causing the delay, both the schedule and | ||||||
7 | the statement being
issued by the physician, advanced practice | ||||||
8 | nurse, physician assistant,
registered nurse, or local health | ||||||
9 | department that will
be responsible for administration of the | ||||||
10 | remaining required immunizations. If
a child does not comply by | ||||||
11 | October 15, or by the earlier established date of
the current | ||||||
12 | school year, with the requirements of this subsection, then the
| ||||||
13 | local school authority shall exclude that child from school | ||||||
14 | until such time as
the child presents proof of having had the | ||||||
15 | health examination as required and
presents proof of having | ||||||
16 | received those required immunizations which are
medically | ||||||
17 | possible to receive immediately. During a child's exclusion | ||||||
18 | from
school for noncompliance with this subsection, the child's | ||||||
19 | parents or legal
guardian shall be considered in violation of | ||||||
20 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
21 | 26-10. This subsection (5) does not apply to dental | ||||||
22 | examinations and eye examinations. If the student is an | ||||||
23 | out-of-state transfer student and does not have the proof | ||||||
24 | required under this subsection (5) before October 15 of the | ||||||
25 | current year or whatever date is set by the school district, | ||||||
26 | then he or she may only attend classes (i) if he or she has |
| |||||||
| |||||||
1 | proof that an appointment for the required vaccinations has | ||||||
2 | been scheduled with a party authorized to submit proof of the | ||||||
3 | required vaccinations. If the proof of vaccination required | ||||||
4 | under this subsection (5) is not submitted within 30 days after | ||||||
5 | the student is permitted to attend classes, then the student is | ||||||
6 | not to be permitted to attend classes until proof of the | ||||||
7 | vaccinations has been properly submitted. No school district or | ||||||
8 | employee of a school district shall be held liable for any | ||||||
9 | injury or illness to another person that results from admitting | ||||||
10 | an out-of-state transfer student to class that has an | ||||||
11 | appointment scheduled pursuant to this subsection (5). | ||||||
12 | (6) Every school shall report to the State Board of | ||||||
13 | Education by November
15, in the manner which that agency shall | ||||||
14 | require, the number of children who
have received the necessary | ||||||
15 | immunizations and the health examination (other than a dental | ||||||
16 | examination or eye examination) as
required, indicating, of | ||||||
17 | those who have not received the immunizations and
examination | ||||||
18 | as required, the number of children who are exempt from health
| ||||||
19 | examination and immunization requirements on religious or | ||||||
20 | medical grounds as
provided in subsection (8). On or before | ||||||
21 | December 1 of each year, every public school district and | ||||||
22 | registered nonpublic school shall make publicly available the | ||||||
23 | immunization data they are required to submit to the State | ||||||
24 | Board of Education by November 15. The immunization data made | ||||||
25 | publicly available must be identical to the data the school | ||||||
26 | district or school has reported to the State Board of |
| |||||||
| |||||||
1 | Education. | ||||||
2 | Every school shall report to the State Board of Education | ||||||
3 | by June 30, in the manner that the State Board requires, the | ||||||
4 | number of children who have received the required dental | ||||||
5 | examination, indicating, of those who have not received the | ||||||
6 | required dental examination, the number of children who are | ||||||
7 | exempt from the dental examination on religious grounds as | ||||||
8 | provided in subsection (8) of this Section and the number of | ||||||
9 | children who have received a waiver under subsection (1.5) of | ||||||
10 | this Section. | ||||||
11 | Every school shall report to the State Board of Education | ||||||
12 | by June 30, in the manner that the State Board requires, the | ||||||
13 | number of children who have received the required eye | ||||||
14 | examination, indicating, of those who have not received the | ||||||
15 | required eye examination, the number of children who are exempt | ||||||
16 | from the eye examination as provided in subsection (8) of this | ||||||
17 | Section, the number of children who have received a waiver | ||||||
18 | under subsection (1.10) of this Section, and the total number | ||||||
19 | of children in noncompliance with the eye examination | ||||||
20 | requirement. | ||||||
21 | The reported information under this subsection (6) shall be | ||||||
22 | provided to the
Department of Public Health by the State Board | ||||||
23 | of Education. | ||||||
24 | (7) Upon determining that the number of pupils who are | ||||||
25 | required to be in
compliance with subsection (5) of this | ||||||
26 | Section is below 90% of the number of
pupils enrolled in the |
| |||||||
| |||||||
1 | school district, 10% of each State aid payment made
pursuant to | ||||||
2 | Section 18-8.05 to the school district for such year may be | ||||||
3 | withheld
by the State Board of Education until the number of | ||||||
4 | students in compliance with
subsection (5) is the applicable | ||||||
5 | specified percentage or higher. | ||||||
6 | (8) Parents or legal guardians who object to health,
| ||||||
7 | dental, or eye examinations or any part thereof, or to | ||||||
8 | immunizations, on religious grounds
shall not be required to | ||||||
9 | submit their children or wards to the examinations
or | ||||||
10 | immunizations to which they so object if such parents or legal | ||||||
11 | guardians
present to the appropriate local school authority a | ||||||
12 | signed statement of
objection, detailing the grounds for the | ||||||
13 | objection. If the physical condition
of the child is such that | ||||||
14 | any one or more of the immunizing agents should not
be | ||||||
15 | administered, the examining physician, advanced practice | ||||||
16 | nurse, or
physician assistant responsible for the performance | ||||||
17 | of the
health examination shall endorse that fact upon the | ||||||
18 | health examination form.
Exempting a child from the health,
| ||||||
19 | dental, or eye examination does not exempt the child from
| ||||||
20 | participation in the program of physical education training | ||||||
21 | provided in
Sections 27-5 through 27-7 of this Code. | ||||||
22 | (9) For the purposes of this Section, "nursery schools" | ||||||
23 | means those nursery
schools operated by elementary school | ||||||
24 | systems or secondary level school units
or institutions of | ||||||
25 | higher learning. | ||||||
26 | (Source: P.A. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673, |
| |||||||
| |||||||
1 | eff. 6-30-14.)
| ||||||
2 | Section 20. The Ambulatory Surgical Treatment Center Act is | ||||||
3 | amended by changing Section 6.5 as follows:
| ||||||
4 | (210 ILCS 5/6.5)
| ||||||
5 | Sec. 6.5. Clinical privileges; advanced practice nurses. | ||||||
6 | All ambulatory surgical treatment centers (ASTC) licensed | ||||||
7 | under this Act
shall
comply with the following requirements:
| ||||||
8 | (1) No ASTC policy, rule, regulation, or practice shall be | ||||||
9 | inconsistent
with the provision of adequate collaboration and | ||||||
10 | consultation in accordance with Section 54.5 of the Medical
| ||||||
11 | Practice Act of 1987.
| ||||||
12 | (2) Operative surgical procedures shall be performed only | ||||||
13 | by a physician
licensed to
practice medicine in
all its | ||||||
14 | branches under the Medical Practice Act of 1987, a dentist
| ||||||
15 | licensed under the
Illinois Dental Practice Act, or a podiatric | ||||||
16 | physician licensed under the Podiatric
Medical Practice Act of | ||||||
17 | 1987,
with medical staff membership and surgical clinical | ||||||
18 | privileges granted by the
consulting
committee of the ASTC. A | ||||||
19 | licensed physician, dentist, or podiatric physician may
be | ||||||
20 | assisted by
a physician licensed to practice medicine in all | ||||||
21 | its branches, dentist, dental
assistant, podiatric physician, | ||||||
22 | licensed
advanced practice nurse, licensed physician | ||||||
23 | assistant, licensed
registered nurse, licensed practical | ||||||
24 | nurse,
surgical
assistant, surgical technician, or other |
| |||||||
| |||||||
1 | individuals granted clinical
privileges to assist in surgery
by | ||||||
2 | the consulting committee of the ASTC.
Payment for services | ||||||
3 | rendered by an assistant in surgery who is not an
ambulatory | ||||||
4 | surgical treatment center employee shall be paid
at the | ||||||
5 | appropriate non-physician modifier
rate if the payor would have | ||||||
6 | made payment had the same services been provided
by a | ||||||
7 | physician.
| ||||||
8 | (2.5) A registered nurse licensed under the Nurse Practice | ||||||
9 | Act and qualified by training and experience in operating room | ||||||
10 | nursing shall be present in the operating room and function as | ||||||
11 | the circulating nurse during all invasive or operative | ||||||
12 | procedures. For purposes of this paragraph (2.5), "circulating | ||||||
13 | nurse" means a registered nurse who is responsible for | ||||||
14 | coordinating all nursing care, patient safety needs, and the | ||||||
15 | needs of the surgical team in the operating room during an | ||||||
16 | invasive or operative procedure.
| ||||||
17 | (3) An advanced practice nurse is not required to possess | ||||||
18 | prescriptive authority or a written collaborative agreement | ||||||
19 | meeting the requirements of the Nurse Practice Act to provide | ||||||
20 | advanced practice nursing services in an ambulatory surgical | ||||||
21 | treatment center. An advanced practice nurse must possess | ||||||
22 | clinical privileges granted by the consulting medical staff | ||||||
23 | committee and ambulatory surgical treatment center in order to | ||||||
24 | provide services. Individual advanced practice nurses may also | ||||||
25 | be granted clinical privileges to order, select, and administer | ||||||
26 | medications, including controlled substances, to provide |
| |||||||
| |||||||
1 | delineated care. The attending physician must determine the | ||||||
2 | advance practice nurse's role in providing care for his or her | ||||||
3 | patients, except as otherwise provided in the consulting staff | ||||||
4 | policies. The consulting medical staff committee shall | ||||||
5 | periodically review the services of advanced practice nurses | ||||||
6 | granted privileges.
| ||||||
7 | (4) The anesthesia service shall be under the direction of | ||||||
8 | a physician
licensed to practice
medicine in all its branches | ||||||
9 | who has had specialized preparation or experience
in the area
| ||||||
10 | or who has completed a residency in anesthesiology. An | ||||||
11 | anesthesiologist, Board
certified or
Board eligible, is | ||||||
12 | recommended. Anesthesia services may
only be
administered | ||||||
13 | pursuant to the order of a physician licensed to practice | ||||||
14 | medicine
in all its
branches, licensed dentist, or licensed | ||||||
15 | 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 in | ||||||
21 | all its branches; or
| ||||||
22 | (iii) a dentist with authority to administer | ||||||
23 | anesthesia under Section
8.1 of the
Illinois Dental | ||||||
24 | 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) (Blank). For anesthesia services, an | ||||||
4 | anesthesiologist
shall
participate through discussion of | ||||||
5 | and agreement with the anesthesia plan and
shall remain | ||||||
6 | physically present and be
available on
the premises during | ||||||
7 | the 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 alternate | ||||||
11 | policy (requiring
participation, presence,
and | ||||||
12 | availability of a
physician licensed to practice medicine | ||||||
13 | in all its
branches) shall be
developed by the medical | ||||||
14 | staff consulting committee in consultation with the
| ||||||
15 | anesthesia service and included in the medical
staff
| ||||||
16 | consulting committee policies.
| ||||||
17 | (C) A certified registered nurse anesthetist is not | ||||||
18 | required to possess
prescriptive authority or a written | ||||||
19 | collaborative agreement meeting the
requirements of | ||||||
20 | Section 65-35 of the Nurse Practice Act
to provide | ||||||
21 | anesthesia services
ordered by a licensed physician, | ||||||
22 | dentist, or podiatric physician. Licensed certified
| ||||||
23 | registered nurse anesthetists are authorized to
select, | ||||||
24 | order, and
administer drugs and apply the appropriate | ||||||
25 | medical devices in the provision of
anesthesia
services | ||||||
26 | under the anesthesia plan agreed with by the
|
| |||||||
| |||||||
1 | anesthesiologist or, in the absence of an available | ||||||
2 | anesthesiologist with
clinical privileges,
agreed with by | ||||||
3 | the
operating physician, operating dentist, or operating | ||||||
4 | podiatric physician in accordance
with the medical
staff | ||||||
5 | consulting committee policies of a licensed ambulatory | ||||||
6 | surgical treatment
center .
| ||||||
7 | (Source: P.A. 98-214, eff. 8-9-13.)
| ||||||
8 | Section 25. The Illinois Clinical Laboratory and Blood Bank | ||||||
9 | Act is amended by changing Section 7-101 as follows:
| ||||||
10 | (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
| ||||||
11 | Sec. 7-101. Examination of specimens. A clinical | ||||||
12 | laboratory shall examine
specimens only at the request of (i) a | ||||||
13 | licensed physician, (ii) a
licensed dentist, (iii) a licensed | ||||||
14 | podiatric physician, (iv) a licensed
optometrist,
(v) a | ||||||
15 | licensed
physician assistant in
accordance with the written | ||||||
16 | supervision agreement required under Section 7.5 of the | ||||||
17 | Physician Assistant Practice Act of 1987 or when authorized | ||||||
18 | under Section 7.7 of the Physician Assistant Practice Act of
| ||||||
19 | 1987,
(v-A) an advanced practice nurse in accordance with the
| ||||||
20 | written collaborative agreement required under Section 65-35 | ||||||
21 | of the Nurse Practice Act or when authorized under Section | ||||||
22 | 65-45 of the Nurse Practice Act ,
(vi) an authorized law | ||||||
23 | enforcement agency or, in the case of blood
alcohol, at the | ||||||
24 | request of the individual for whom the test is to be performed
|
| |||||||
| |||||||
1 | in compliance with Sections 11-501 and 11-501.1 of the Illinois | ||||||
2 | Vehicle Code, or (vii) a genetic counselor with the specific | ||||||
3 | authority from a referral to order a test or tests pursuant to | ||||||
4 | subsection (b) of Section 20 of the Genetic Counselor Licensing | ||||||
5 | Act.
If the request to a laboratory is oral, the physician or | ||||||
6 | other authorized
person shall submit a written request to the | ||||||
7 | laboratory within 48 hours. If
the laboratory does not receive | ||||||
8 | the written request within that period, it
shall note that fact | ||||||
9 | in its records. For purposes of this Section, a request
made by | ||||||
10 | electronic mail or fax constitutes a written request.
| ||||||
11 | (Source: P.A. 97-333, eff. 8-12-11; 98-185, eff. 1-1-14; | ||||||
12 | 98-214, eff. 8-9-13; 98-756, eff. 7-16-14; 98-767, eff. | ||||||
13 | 1-1-15 .)
| ||||||
14 | Section 30. The Home Health, Home Services, and Home | ||||||
15 | Nursing Agency Licensing Act is amended by changing Section | ||||||
16 | 2.05 as follows:
| ||||||
17 | (210 ILCS 55/2.05) (from Ch. 111 1/2, par. 2802.05)
| ||||||
18 | Sec. 2.05.
"Home health services" means services provided
| ||||||
19 | to a person at his residence according to a plan of treatment
| ||||||
20 | for illness or infirmity
prescribed by a physician licensed to | ||||||
21 | practice medicine in all its branches, a physician assistant | ||||||
22 | who has been delegated the authority to prescribe home health | ||||||
23 | services by his or her supervising physician, or an advanced | ||||||
24 | practice nurse who has a written collaborative agreement with a |
| |||||||
| |||||||
1 | collaborating physician that delegates the authority to | ||||||
2 | prescribe home health services . Such services include part time | ||||||
3 | and
intermittent nursing services and other therapeutic | ||||||
4 | services
such as physical therapy, occupational therapy, | ||||||
5 | speech therapy,
medical social services, or services provided | ||||||
6 | by a home health aide.
| ||||||
7 | (Source: P.A. 98-261, eff. 8-9-13.)
| ||||||
8 | Section 35. The Hospital Licensing Act is amended by | ||||||
9 | changing Section 10.7 as follows:
| ||||||
10 | (210 ILCS 85/10.7)
| ||||||
11 | Sec. 10.7. Clinical privileges; advanced practice nurses.
| ||||||
12 | All hospitals licensed under this Act shall comply with the | ||||||
13 | following
requirements:
| ||||||
14 | (1) No hospital policy, rule, regulation, or practice
shall | ||||||
15 | be inconsistent
with the provision of adequate collaboration | ||||||
16 | and consultation in accordance with Section 54.5 of the
Medical | ||||||
17 | Practice Act of 1987.
| ||||||
18 | (2) Operative surgical procedures shall be performed only | ||||||
19 | by a physician
licensed to practice medicine in all its | ||||||
20 | branches under the Medical Practice
Act of 1987, a dentist | ||||||
21 | licensed under the Illinois Dental Practice Act, or a podiatric | ||||||
22 | physician
licensed under the Podiatric Medical Practice Act of | ||||||
23 | 1987,
with medical staff membership and surgical clinical | ||||||
24 | privileges granted at the
hospital. A licensed physician, |
| |||||||
| |||||||
1 | dentist, or podiatric physician may be assisted by a
physician | ||||||
2 | licensed to practice medicine in all its branches, dentist, | ||||||
3 | dental
assistant, podiatric physician, licensed advanced | ||||||
4 | practice nurse, licensed physician
assistant, licensed | ||||||
5 | registered
nurse, licensed practical nurse, surgical
| ||||||
6 | assistant, surgical technician, or other individuals granted | ||||||
7 | clinical
privileges to assist in surgery
at the hospital.
| ||||||
8 | Payment for services rendered by an assistant in surgery who is | ||||||
9 | not a
hospital employee shall be paid
at the appropriate | ||||||
10 | non-physician modifier rate if the payor would have
made | ||||||
11 | payment had the same services been provided by a physician.
| ||||||
12 | (2.5) A registered nurse licensed under the Nurse Practice | ||||||
13 | Act and qualified by training and experience in operating room | ||||||
14 | nursing shall be present in the operating room and function as | ||||||
15 | the circulating nurse during all invasive or operative | ||||||
16 | procedures. For purposes of this paragraph (2.5), "circulating | ||||||
17 | nurse" means a registered nurse who is responsible for | ||||||
18 | coordinating all nursing care, patient safety needs, and the | ||||||
19 | needs of the surgical team in the operating room during an | ||||||
20 | invasive or operative procedure.
| ||||||
21 | (3) An advanced practice nurse is not required to possess | ||||||
22 | prescriptive authority or a written collaborative agreement | ||||||
23 | meeting the requirements of the Nurse Practice Act to provide | ||||||
24 | advanced practice nursing services in a hospital. An advanced | ||||||
25 | practice nurse must possess clinical privileges recommended by | ||||||
26 | the medical staff and granted by the hospital in order to |
| |||||||
| |||||||
1 | provide services. Individual advanced practice nurses may also | ||||||
2 | be granted clinical privileges to order, select, and administer | ||||||
3 | medications, including controlled substances, to provide | ||||||
4 | delineated care. The attending physician must determine the | ||||||
5 | advance practice nurse's role in providing care for his or her | ||||||
6 | patients, except as otherwise provided in medical staff bylaws. | ||||||
7 | The medical staff shall periodically review the services of | ||||||
8 | advanced practice nurses granted privileges. This review shall | ||||||
9 | be conducted in accordance with item (2) of subsection (a) of | ||||||
10 | Section 10.8 of this Act for advanced practice nurses employed | ||||||
11 | by the hospital.
| ||||||
12 | (4) The anesthesia service shall be under the direction of | ||||||
13 | a physician
licensed to practice
medicine in all its branches | ||||||
14 | who has had specialized preparation or
experience in the area
| ||||||
15 | or who has completed a residency in anesthesiology. An | ||||||
16 | anesthesiologist, Board
certified or Board eligible, is | ||||||
17 | recommended. Anesthesia services may
only be administered | ||||||
18 | pursuant to the order of a physician licensed to practice
| ||||||
19 | medicine in all its branches, licensed dentist, or licensed | ||||||
20 | podiatric physician.
| ||||||
21 | (A) The individuals who, with clinical privileges | ||||||
22 | granted at the hospital,
may administer anesthesia | ||||||
23 | services are limited
to the following:
| ||||||
24 | (i) an anesthesiologist; or
| ||||||
25 | (ii) a physician licensed to practice medicine in | ||||||
26 | all its branches; or
|
| |||||||
| |||||||
1 | (iii) a dentist with authority to administer | ||||||
2 | anesthesia under Section
8.1 of
the Illinois Dental | ||||||
3 | Practice Act; or
| ||||||
4 | (iv) a licensed certified registered nurse | ||||||
5 | anesthetist; or | ||||||
6 | (v) a podiatric physician licensed under the | ||||||
7 | Podiatric Medical Practice Act of 1987.
| ||||||
8 | (B) (Blank). For anesthesia services, an | ||||||
9 | anesthesiologist
shall
participate through discussion of | ||||||
10 | and agreement with the anesthesia plan and
shall remain | ||||||
11 | physically present and be
available on
the premises during | ||||||
12 | the delivery of anesthesia services for
diagnosis, | ||||||
13 | consultation, and treatment of emergency medical | ||||||
14 | conditions.
In the absence
of 24-hour availability of
| ||||||
15 | anesthesiologists with medical staff privileges,
an | ||||||
16 | alternate
policy (requiring participation, presence, and | ||||||
17 | availability of a physician
licensed to practice
medicine | ||||||
18 | in all its branches) shall be developed by the medical | ||||||
19 | staff and
licensed
hospital in consultation with the | ||||||
20 | anesthesia service.
| ||||||
21 | (C) A certified registered nurse anesthetist is not | ||||||
22 | required to possess
prescriptive authority or a written | ||||||
23 | collaborative agreement meeting
the requirements of | ||||||
24 | Section 65-35 of the Nurse Practice Act
to provide | ||||||
25 | anesthesia services
ordered by a licensed physician, | ||||||
26 | dentist, or podiatric physician. Licensed certified
|
| |||||||
| |||||||
1 | registered nurse anesthetists are authorized to
select, | ||||||
2 | order, and
administer drugs and apply the appropriate | ||||||
3 | medical devices in the provision of
anesthesia
services | ||||||
4 | under the anesthesia plan agreed with by the
| ||||||
5 | anesthesiologist or, in the absence of an available | ||||||
6 | anesthesiologist with
clinical privileges,
agreed with by | ||||||
7 | the
operating physician, operating dentist, or operating | ||||||
8 | podiatric physician in accordance
with the hospital's | ||||||
9 | alternative policy .
| ||||||
10 | (Source: P.A. 98-214, eff. 8-9-13.)
| ||||||
11 | Section 40. The Illinois Insurance Code is amended by | ||||||
12 | changing Sections 356g.5 and 356z.1 as follows: | ||||||
13 | (215 ILCS 5/356g.5) | ||||||
14 | Sec. 356g.5. Clinical breast exam. | ||||||
15 | (a) The General Assembly finds that clinical breast | ||||||
16 | examinations are a critical tool in the early detection of | ||||||
17 | breast cancer, while the disease is in its earlier and | ||||||
18 | potentially more treatable stages. Insurer reimbursement of | ||||||
19 | clinical breast examinations is essential to the effort to | ||||||
20 | reduce breast cancer deaths in Illinois. | ||||||
21 | (b) Every insurer shall provide, in each group or | ||||||
22 | individual policy, contract, or certificate of accident or | ||||||
23 | health insurance issued or renewed for persons who are | ||||||
24 | residents of Illinois, coverage for complete and thorough |
| |||||||
| |||||||
1 | clinical breast examinations as indicated by guidelines of | ||||||
2 | practice, performed by a physician licensed to practice | ||||||
3 | medicine in all its branches, an advanced practice nurse who | ||||||
4 | has a collaborative agreement with a collaborating physician | ||||||
5 | that authorizes breast
examinations , or a physician assistant | ||||||
6 | who has been delegated authority to provide breast | ||||||
7 | examinations, to check for lumps and other changes for the | ||||||
8 | purpose of early detection and prevention of breast cancer as | ||||||
9 | follows: | ||||||
10 | (1) at least every 3 years for women at least 20 years | ||||||
11 | of age but less than 40 years of age; and | ||||||
12 | (2) annually for women 40 years of age or older. | ||||||
13 | (c) Upon approval of a nationally recognized separate and | ||||||
14 | distinct clinical breast exam code that is compliant with all | ||||||
15 | State and federal laws, rules, and regulations, public and | ||||||
16 | private insurance plans shall take action to cover clinical | ||||||
17 | breast exams on a separate and distinct basis.
| ||||||
18 | (Source: P.A. 95-189, eff. 8-16-07.)
| ||||||
19 | (215 ILCS 5/356z.1)
| ||||||
20 | Sec. 356z.1. Prenatal HIV testing. An individual or group | ||||||
21 | policy of
accident and health insurance that provides maternity | ||||||
22 | coverage and is amended,
delivered, issued, or renewed after | ||||||
23 | the effective date of this amendatory Act
of the 92nd General | ||||||
24 | Assembly must provide coverage for prenatal HIV testing
ordered | ||||||
25 | by an attending physician licensed to practice medicine in all |
| |||||||
| |||||||
1 | its
branches, or by a physician assistant or advanced practice | ||||||
2 | registered nurse
who has a written collaborative agreement with | ||||||
3 | a collaborating physician that
authorizes these services , | ||||||
4 | including but not limited to orders consistent with
the | ||||||
5 | recommendations of the American College of Obstetricians and | ||||||
6 | Gynecologists
or the American Academy of Pediatrics.
| ||||||
7 | (Source: P.A. 92-130, eff. 7-20-01.)
| ||||||
8 | Section 42. The Illinois Dental Practice Act is amended by | ||||||
9 | changing Section 8.1 as follows:
| ||||||
10 | (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
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.
|
| |||||||
| |||||||
1 | (b) In determining the minimum permit qualifications that | ||||||
2 | are necessary to protect public safety, the Department, by | ||||||
3 | rule, shall: | ||||||
4 | (1) establish the minimum educational and training | ||||||
5 | requirements necessary for a dentist to be issued an | ||||||
6 | appropriate permit; | ||||||
7 | (2) establish the standards for properly equipped | ||||||
8 | dental facilities (other than licensed hospitals and | ||||||
9 | ambulatory surgical treatment centers) in which general | ||||||
10 | anesthesia, deep sedation, or conscious sedation is | ||||||
11 | administered, as necessary to protect public safety; | ||||||
12 | (3) establish minimum requirements for all persons who | ||||||
13 | assist the dentist in the administration of general | ||||||
14 | anesthesia, deep sedation, or conscious sedation, | ||||||
15 | including minimum training requirements for each member of | ||||||
16 | the dental team, monitoring requirements, recordkeeping | ||||||
17 | requirements, and emergency procedures; and | ||||||
18 | (4) ensure that the dentist and all persons assisting | ||||||
19 | the dentist or monitoring the administration of general | ||||||
20 | anesthesia, deep sedation, or conscious sedation maintain | ||||||
21 | current certification in Basic Life Support (BLS) ; and . | ||||||
22 | (5) establish continuing education requirements in | ||||||
23 | sedation techniques for dentists who possess a permit under | ||||||
24 | this Section. | ||||||
25 | When establishing requirements under this Section, the | ||||||
26 | Department shall consider the current American Dental |
| |||||||
| |||||||
1 | Association guidelines on sedation and general anesthesia, the | ||||||
2 | current "Guidelines for Monitoring and Management of Pediatric | ||||||
3 | Patients During and After Sedation for Diagnostic and | ||||||
4 | Therapeutic Procedures" established by the American Academy of | ||||||
5 | Pediatrics and the American Academy of Pediatric Dentistry, and | ||||||
6 | the current parameters of care and Office Anesthesia Evaluation | ||||||
7 | (OAE) Manual established by the American Association of Oral | ||||||
8 | and Maxillofacial Surgeons. | ||||||
9 | (c) A licensed dentist must hold an appropriate permit | ||||||
10 | issued under this Section in order to perform dentistry while a | ||||||
11 | nurse anesthetist administers conscious sedation , and a valid | ||||||
12 | written collaborative agreement must exist between the dentist | ||||||
13 | and the nurse anesthetist, in accordance with the Nurse
| ||||||
14 | Practice Act . | ||||||
15 | A licensed dentist must hold an appropriate permit issued | ||||||
16 | under this Section in order to perform dentistry while a nurse | ||||||
17 | anesthetist administers deep sedation or general anesthesia , | ||||||
18 | and a valid written collaborative agreement must exist between | ||||||
19 | the dentist and the nurse anesthetist, in accordance with the | ||||||
20 | Nurse
Practice Act . | ||||||
21 | For the purposes of this subsection (c), "nurse | ||||||
22 | anesthetist" means a licensed certified registered nurse | ||||||
23 | anesthetist who holds a license as an advanced practice nurse.
| ||||||
24 | (Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328, | ||||||
25 | eff. 8-11-09.)
|
| |||||||
| |||||||
1 | Section 45. The Medical Practice Act of 1987 is amended by | ||||||
2 | changing Sections 22 and 54.5 as follows:
| ||||||
3 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
4 | (Section scheduled to be repealed on December 31, 2015)
| ||||||
5 | Sec. 22. Disciplinary action.
| ||||||
6 | (A) The Department may revoke, suspend, place on probation, | ||||||
7 | reprimand, refuse to issue or renew, or take any other | ||||||
8 | disciplinary or non-disciplinary action as the Department may | ||||||
9 | deem proper
with regard to the license or permit of any person | ||||||
10 | issued
under this Act, including imposing fines not to exceed | ||||||
11 | $10,000 for each violation, upon any of the following grounds:
| ||||||
12 | (1) Performance of an elective abortion in any place, | ||||||
13 | locale,
facility, or
institution other than:
| ||||||
14 | (a) a facility licensed pursuant to the Ambulatory | ||||||
15 | Surgical Treatment
Center Act;
| ||||||
16 | (b) an institution licensed under the Hospital | ||||||
17 | Licensing Act;
| ||||||
18 | (c) an ambulatory surgical treatment center or | ||||||
19 | hospitalization or care
facility maintained by the | ||||||
20 | State or any agency thereof, where such department
or | ||||||
21 | agency has authority under law to establish and enforce | ||||||
22 | standards for the
ambulatory surgical treatment | ||||||
23 | centers, hospitalization, or care facilities
under its | ||||||
24 | management and control;
| ||||||
25 | (d) ambulatory surgical treatment centers, |
| |||||||
| |||||||
1 | hospitalization or care
facilities maintained by the | ||||||
2 | Federal Government; or
| ||||||
3 | (e) ambulatory surgical treatment centers, | ||||||
4 | hospitalization or care
facilities maintained by any | ||||||
5 | university or college established under the laws
of | ||||||
6 | this State and supported principally by public funds | ||||||
7 | raised by
taxation.
| ||||||
8 | (2) Performance of an abortion procedure in a wilful | ||||||
9 | and wanton
manner on a
woman who was not pregnant at the | ||||||
10 | time the abortion procedure was
performed.
| ||||||
11 | (3) A plea of guilty or nolo contendere, finding of | ||||||
12 | guilt, jury verdict, or entry of judgment or sentencing, | ||||||
13 | including, but not limited to, convictions, preceding | ||||||
14 | sentences of supervision, conditional discharge, or first | ||||||
15 | offender probation, under the laws of any jurisdiction of | ||||||
16 | the United States of any crime that is a felony.
| ||||||
17 | (4) Gross negligence in practice under this Act.
| ||||||
18 | (5) Engaging in dishonorable, unethical or | ||||||
19 | unprofessional
conduct of a
character likely to deceive, | ||||||
20 | defraud or harm the public.
| ||||||
21 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
22 | misrepresentation.
| ||||||
23 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
24 | in law
as
controlled substances, of alcohol, or of any | ||||||
25 | other substances which results in
the inability to practice | ||||||
26 | with reasonable judgment, skill or safety.
|
| |||||||
| |||||||
1 | (8) Practicing under a false or, except as provided by | ||||||
2 | law, an
assumed
name.
| ||||||
3 | (9) Fraud or misrepresentation in applying for, or | ||||||
4 | procuring, a
license
under this Act or in connection with | ||||||
5 | applying for renewal of a license under
this Act.
| ||||||
6 | (10) Making a false or misleading statement regarding | ||||||
7 | their
skill or the
efficacy or value of the medicine, | ||||||
8 | treatment, or remedy prescribed by them at
their direction | ||||||
9 | in the treatment of any disease or other condition of the | ||||||
10 | body
or mind.
| ||||||
11 | (11) Allowing another person or organization to use | ||||||
12 | their
license, procured
under this Act, to practice.
| ||||||
13 | (12) Adverse action taken by another state or | ||||||
14 | jurisdiction
against a license
or other authorization to | ||||||
15 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
16 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
17 | certified copy of the record of the action taken by
the | ||||||
18 | other state or jurisdiction being prima facie evidence | ||||||
19 | thereof. This includes any adverse action taken by a State | ||||||
20 | or federal agency that prohibits a medical doctor, doctor | ||||||
21 | of osteopathy, doctor of osteopathic medicine, or doctor of | ||||||
22 | chiropractic from providing services to the agency's | ||||||
23 | participants.
| ||||||
24 | (13) Violation of any provision of this Act or of the | ||||||
25 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
26 | violation of the rules, or a final
administrative action of |
| |||||||
| |||||||
1 | the Secretary, after consideration of the
recommendation | ||||||
2 | of the Disciplinary Board.
| ||||||
3 | (14) Violation of the prohibition against fee | ||||||
4 | splitting in Section 22.2 of this Act.
| ||||||
5 | (15) A finding by the Disciplinary Board that the
| ||||||
6 | registrant after
having his or her license placed on | ||||||
7 | probationary status or subjected to
conditions or | ||||||
8 | restrictions violated the terms of the probation or failed | ||||||
9 | to
comply with such terms or conditions.
| ||||||
10 | (16) Abandonment of a patient.
| ||||||
11 | (17) Prescribing, selling, administering, | ||||||
12 | distributing, giving
or
self-administering any drug | ||||||
13 | classified as a controlled substance (designated
product) | ||||||
14 | or narcotic for other than medically accepted therapeutic
| ||||||
15 | purposes.
| ||||||
16 | (18) Promotion of the sale of drugs, devices, | ||||||
17 | appliances or
goods provided
for a patient in such manner | ||||||
18 | as to exploit the patient for financial gain of
the | ||||||
19 | physician.
| ||||||
20 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
21 | disease by a secret
method, procedure, treatment or | ||||||
22 | medicine, or the treating, operating or
prescribing for any | ||||||
23 | human condition by a method, means or procedure which the
| ||||||
24 | licensee refuses to divulge upon demand of the Department.
| ||||||
25 | (20) Immoral conduct in the commission of any act | ||||||
26 | including,
but not limited to, commission of an act of |
| |||||||
| |||||||
1 | sexual misconduct related to the
licensee's
practice.
| ||||||
2 | (21) Wilfully making or filing false records or reports | ||||||
3 | in his
or her
practice as a physician, including, but not | ||||||
4 | limited to, false records to
support claims against the | ||||||
5 | medical assistance program of the Department of Healthcare | ||||||
6 | and Family Services (formerly Department of
Public Aid)
| ||||||
7 | under the Illinois Public Aid Code.
| ||||||
8 | (22) Wilful omission to file or record, or wilfully | ||||||
9 | impeding
the filing or
recording, or inducing another | ||||||
10 | person to omit to file or record, medical
reports as | ||||||
11 | required by law, or wilfully failing to report an instance | ||||||
12 | of
suspected abuse or neglect as required by law.
| ||||||
13 | (23) Being named as a perpetrator in an indicated | ||||||
14 | report by
the Department
of Children and Family Services | ||||||
15 | under the Abused and Neglected Child Reporting
Act, and | ||||||
16 | upon proof by clear and convincing evidence that the | ||||||
17 | licensee has
caused a child to be an abused child or | ||||||
18 | neglected child as defined in the
Abused and Neglected | ||||||
19 | Child Reporting Act.
| ||||||
20 | (24) Solicitation of professional patronage by any
| ||||||
21 | corporation, agents or
persons, or profiting from those | ||||||
22 | representing themselves to be agents of the
licensee.
| ||||||
23 | (25) Gross and wilful and continued overcharging for
| ||||||
24 | professional services,
including filing false statements | ||||||
25 | for collection of fees for which services are
not rendered, | ||||||
26 | including, but not limited to, filing such false statements |
| |||||||
| |||||||
1 | for
collection of monies for services not rendered from 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 | (26) A pattern of practice or other behavior which
| ||||||
6 | demonstrates
incapacity
or incompetence to practice under | ||||||
7 | this Act.
| ||||||
8 | (27) Mental illness or disability which results in the
| ||||||
9 | inability to
practice under this Act with reasonable | ||||||
10 | judgment, skill or safety.
| ||||||
11 | (28) Physical illness, including, but not limited to,
| ||||||
12 | deterioration through
the aging process, or loss of motor | ||||||
13 | skill which results in a physician's
inability to practice | ||||||
14 | under this Act with reasonable judgment, skill or
safety.
| ||||||
15 | (29) Cheating on or attempt to subvert the licensing
| ||||||
16 | examinations
administered under this Act.
| ||||||
17 | (30) Wilfully or negligently violating the | ||||||
18 | confidentiality
between
physician and patient except as | ||||||
19 | required by law.
| ||||||
20 | (31) The use of any false, fraudulent, or deceptive | ||||||
21 | statement
in any
document connected with practice under | ||||||
22 | this Act.
| ||||||
23 | (32) Aiding and abetting an individual not licensed | ||||||
24 | under this
Act in the
practice of a profession licensed | ||||||
25 | under this Act.
| ||||||
26 | (33) Violating state or federal laws or regulations |
| |||||||
| |||||||
1 | relating
to controlled
substances, legend
drugs, or | ||||||
2 | ephedra as defined in the Ephedra Prohibition Act.
| ||||||
3 | (34) Failure to report to the Department any adverse | ||||||
4 | final
action taken
against them by another licensing | ||||||
5 | jurisdiction (any other state or any
territory of the | ||||||
6 | United States or any foreign state or country), by any peer
| ||||||
7 | review body, by any health care institution, by any | ||||||
8 | professional society or
association related to practice | ||||||
9 | under this Act, by any governmental agency, by
any law | ||||||
10 | enforcement agency, or by any court for acts or conduct | ||||||
11 | similar to acts
or conduct which would constitute grounds | ||||||
12 | for action as defined in this
Section.
| ||||||
13 | (35) Failure to report to the Department surrender of a
| ||||||
14 | license or
authorization to practice as a medical doctor, a | ||||||
15 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
16 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
17 | surrender of membership on
any medical staff or in any | ||||||
18 | medical or professional association or society,
while | ||||||
19 | under disciplinary investigation by any of those | ||||||
20 | authorities or bodies,
for acts or conduct similar to acts | ||||||
21 | or conduct which would constitute grounds
for action as | ||||||
22 | defined in this Section.
| ||||||
23 | (36) Failure to report to the Department any adverse | ||||||
24 | judgment,
settlement,
or award arising from a liability | ||||||
25 | claim related to acts or conduct similar to
acts or conduct | ||||||
26 | which would constitute grounds for action as defined in |
| |||||||
| |||||||
1 | this
Section.
| ||||||
2 | (37) Failure to provide copies of medical records as | ||||||
3 | required
by law.
| ||||||
4 | (38) Failure to furnish the Department, its | ||||||
5 | investigators or
representatives, relevant information, | ||||||
6 | legally requested by the Department
after consultation | ||||||
7 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
8 | Coordinator.
| ||||||
9 | (39) Violating the Health Care Worker Self-Referral
| ||||||
10 | Act.
| ||||||
11 | (40) Willful failure to provide notice when notice is | ||||||
12 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
13 | (41) Failure to establish and maintain records of | ||||||
14 | patient care and
treatment as required by this law.
| ||||||
15 | (42) (Blank). Entering into an excessive number of | ||||||
16 | written collaborative
agreements with licensed advanced | ||||||
17 | practice nurses resulting in an inability to
adequately | ||||||
18 | collaborate.
| ||||||
19 | (43) Repeated failure to adequately collaborate with a | ||||||
20 | licensed advanced practice nurse. | ||||||
21 | (44) Violating the Compassionate Use of Medical | ||||||
22 | Cannabis Pilot Program Act.
| ||||||
23 | (45) Entering into an excessive number of written | ||||||
24 | collaborative agreements with licensed prescribing | ||||||
25 | psychologists resulting in an inability to adequately | ||||||
26 | collaborate. |
| |||||||
| |||||||
1 | (46) Repeated failure to adequately collaborate with a | ||||||
2 | licensed prescribing psychologist. | ||||||
3 | Except
for actions involving the ground numbered (26), all | ||||||
4 | proceedings to suspend,
revoke, place on probationary status, | ||||||
5 | or take any
other disciplinary action as the Department may | ||||||
6 | deem proper, with regard to a
license on any of the foregoing | ||||||
7 | grounds, must be commenced within 5 years next
after receipt by | ||||||
8 | the Department of a complaint alleging the commission of or
| ||||||
9 | notice of the conviction order for any of the acts described | ||||||
10 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
11 | (29), no action shall be commenced more
than 10 years after the | ||||||
12 | date of the incident or act alleged to have violated
this | ||||||
13 | Section. For actions involving the ground numbered (26), a | ||||||
14 | pattern of practice or other behavior includes all incidents | ||||||
15 | alleged to be part of the pattern of practice or other behavior | ||||||
16 | that occurred, or a report pursuant to Section 23 of this Act | ||||||
17 | received, within the 10-year period preceding the filing of the | ||||||
18 | complaint. In the event of the settlement of any claim or cause | ||||||
19 | of action
in favor of the claimant or the reduction to final | ||||||
20 | judgment of any civil action
in favor of the plaintiff, such | ||||||
21 | claim, cause of action or civil action being
grounded on the | ||||||
22 | allegation that a person licensed under this Act was negligent
| ||||||
23 | in providing care, the Department shall have an additional | ||||||
24 | period of 2 years
from the date of notification to the | ||||||
25 | Department under Section 23 of this Act
of such settlement or | ||||||
26 | final judgment in which to investigate and
commence formal |
| |||||||
| |||||||
1 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
2 | as otherwise provided by law. The time during which the holder | ||||||
3 | of the license
was outside the State of Illinois shall not be | ||||||
4 | included within any period of
time limiting the commencement of | ||||||
5 | disciplinary action by the Department.
| ||||||
6 | The entry of an order or judgment by any circuit court | ||||||
7 | establishing that any
person holding a license under this Act | ||||||
8 | is a person in need of mental treatment
operates as a | ||||||
9 | suspension of that license. That person may resume their
| ||||||
10 | practice only upon the entry of a Departmental order based upon | ||||||
11 | a finding by
the Disciplinary Board that they have been | ||||||
12 | determined to be recovered
from mental illness by the court and | ||||||
13 | upon the Disciplinary Board's
recommendation that they be | ||||||
14 | permitted to resume their practice.
| ||||||
15 | The Department may refuse to issue or take disciplinary | ||||||
16 | action concerning the license of any person
who fails to file a | ||||||
17 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
18 | return, or to pay any final assessment of tax, penalty or | ||||||
19 | interest, as
required by any tax Act administered by the | ||||||
20 | Illinois Department of Revenue,
until such time as the | ||||||
21 | requirements of any such tax Act are satisfied as
determined by | ||||||
22 | the Illinois Department of Revenue.
| ||||||
23 | The Department, upon the recommendation of the | ||||||
24 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
25 | to be used in determining:
| ||||||
26 | (a) when a person will be deemed sufficiently |
| |||||||
| |||||||
1 | rehabilitated to warrant the
public trust;
| ||||||
2 | (b) what constitutes dishonorable, unethical or | ||||||
3 | unprofessional conduct of
a character likely to deceive, | ||||||
4 | defraud, or harm the public;
| ||||||
5 | (c) what constitutes immoral conduct in the commission | ||||||
6 | of any act,
including, but not limited to, commission of an | ||||||
7 | act of sexual misconduct
related
to the licensee's | ||||||
8 | practice; and
| ||||||
9 | (d) what constitutes gross negligence in the practice | ||||||
10 | of medicine.
| ||||||
11 | However, no such rule shall be admissible into evidence in | ||||||
12 | any civil action
except for review of a licensing or other | ||||||
13 | disciplinary action under this Act.
| ||||||
14 | In enforcing this Section, the Disciplinary Board or the | ||||||
15 | Licensing Board,
upon a showing of a possible violation, may | ||||||
16 | compel, in the case of the Disciplinary Board, any individual | ||||||
17 | who is licensed to
practice under this Act or holds a permit to | ||||||
18 | practice under this Act, or, in the case of the Licensing | ||||||
19 | Board, any individual who has applied for licensure or a permit
| ||||||
20 | pursuant to this Act, to submit to a mental or physical | ||||||
21 | examination and evaluation, or both,
which may include a | ||||||
22 | substance abuse or sexual offender evaluation, as required by | ||||||
23 | the Licensing Board or Disciplinary Board and at the expense of | ||||||
24 | the Department. The Disciplinary Board or Licensing Board shall | ||||||
25 | specifically designate the examining physician licensed to | ||||||
26 | practice medicine in all of its branches or, if applicable, the |
| |||||||
| |||||||
1 | multidisciplinary team involved in providing the mental or | ||||||
2 | physical examination and evaluation, or both. The | ||||||
3 | multidisciplinary team shall be led by a physician licensed to | ||||||
4 | practice medicine in all of its branches and may consist of one | ||||||
5 | or more or a combination of physicians licensed to practice | ||||||
6 | medicine in all of its branches, licensed chiropractic | ||||||
7 | physicians, licensed clinical psychologists, licensed clinical | ||||||
8 | social workers, licensed clinical professional counselors, and | ||||||
9 | other professional and administrative staff. Any examining | ||||||
10 | physician or member of the multidisciplinary team may require | ||||||
11 | any person ordered to submit to an examination and evaluation | ||||||
12 | pursuant to this Section to submit to any additional | ||||||
13 | supplemental testing deemed necessary to complete any | ||||||
14 | examination or evaluation process, including, but not limited | ||||||
15 | to, blood testing, urinalysis, psychological testing, or | ||||||
16 | neuropsychological testing.
The Disciplinary Board, the | ||||||
17 | Licensing Board, or the Department may order the examining
| ||||||
18 | physician or any member of the multidisciplinary team to | ||||||
19 | provide to the Department, the Disciplinary Board, or the | ||||||
20 | Licensing Board any and all records, including business | ||||||
21 | records, that relate to the examination and evaluation, | ||||||
22 | including any supplemental testing performed. The Disciplinary | ||||||
23 | Board, the Licensing Board, or the Department may order the | ||||||
24 | examining physician or any member of the multidisciplinary team | ||||||
25 | to present testimony concerning this examination
and | ||||||
26 | evaluation of the licensee, permit holder, or applicant, |
| |||||||
| |||||||
1 | including testimony concerning any supplemental testing or | ||||||
2 | documents relating to the examination and evaluation. No | ||||||
3 | information, report, record, or other documents in any way | ||||||
4 | related to the examination and evaluation shall be excluded by | ||||||
5 | reason of
any common
law or statutory privilege relating to | ||||||
6 | communication between the licensee, permit holder, or
| ||||||
7 | applicant and
the examining physician or any member of the | ||||||
8 | multidisciplinary team.
No authorization is necessary from the | ||||||
9 | licensee, permit holder, or applicant ordered to undergo an | ||||||
10 | evaluation and examination for the examining physician or any | ||||||
11 | member of the multidisciplinary team to provide information, | ||||||
12 | reports, records, or other documents or to provide any | ||||||
13 | testimony regarding the examination and evaluation. The | ||||||
14 | individual to be examined may have, at his or her own expense, | ||||||
15 | another
physician of his or her choice present during all | ||||||
16 | aspects of the examination.
Failure of any individual to submit | ||||||
17 | to mental or physical examination and evaluation, or both, when
| ||||||
18 | directed, shall result in an automatic suspension, without | ||||||
19 | hearing, until such time
as the individual submits to the | ||||||
20 | examination. If the Disciplinary Board or Licensing Board finds | ||||||
21 | a physician unable
to practice following an examination and | ||||||
22 | evaluation because of the reasons set forth in this Section, | ||||||
23 | the Disciplinary
Board or Licensing Board shall require such | ||||||
24 | physician to submit to care, counseling, or treatment
by | ||||||
25 | physicians, or other health care professionals, approved or | ||||||
26 | designated by the Disciplinary Board, as a condition
for |
| |||||||
| |||||||
1 | issued, continued, reinstated, or renewed licensure to | ||||||
2 | practice. Any physician,
whose license was granted pursuant to | ||||||
3 | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | ||||||
4 | renewed, disciplined or supervised, subject to such
terms, | ||||||
5 | conditions or restrictions who shall fail to comply with such | ||||||
6 | terms,
conditions or restrictions, or to complete a required | ||||||
7 | program of care,
counseling, or treatment, as determined by the | ||||||
8 | Chief Medical Coordinator or
Deputy Medical Coordinators, | ||||||
9 | shall be referred to the Secretary for a
determination as to | ||||||
10 | whether the licensee shall have their license suspended
| ||||||
11 | immediately, pending a hearing by the Disciplinary Board. In | ||||||
12 | instances in
which the Secretary immediately suspends a license | ||||||
13 | under this Section, a hearing
upon such person's license must | ||||||
14 | be convened by the Disciplinary Board within 15
days after such | ||||||
15 | suspension and completed without appreciable delay. The
| ||||||
16 | Disciplinary Board shall have the authority to review the | ||||||
17 | subject physician's
record of treatment and counseling | ||||||
18 | regarding the impairment, to the extent
permitted by applicable | ||||||
19 | federal statutes and regulations safeguarding the
| ||||||
20 | confidentiality of medical records.
| ||||||
21 | An individual licensed under this Act, affected under this | ||||||
22 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
23 | Disciplinary Board that they can
resume practice in compliance | ||||||
24 | with acceptable and prevailing standards under
the provisions | ||||||
25 | of their license.
| ||||||
26 | The Department may promulgate rules for the imposition of |
| |||||||
| |||||||
1 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
2 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
3 | other forms of disciplinary action, but
shall not be the | ||||||
4 | exclusive disposition of any disciplinary action arising out
of | ||||||
5 | conduct resulting in death or injury to a patient. Any funds | ||||||
6 | collected from
such fines shall be deposited in the Medical | ||||||
7 | Disciplinary Fund.
| ||||||
8 | All fines imposed under this Section shall be paid within | ||||||
9 | 60 days after the effective date of the order imposing the fine | ||||||
10 | or in accordance with the terms set forth in the order imposing | ||||||
11 | the fine. | ||||||
12 | (B) The Department shall revoke the license or
permit | ||||||
13 | issued under this Act to practice medicine or a chiropractic | ||||||
14 | physician who
has been convicted a second time of committing | ||||||
15 | any felony under the
Illinois Controlled Substances Act or the | ||||||
16 | Methamphetamine Control and Community Protection Act, or who | ||||||
17 | has been convicted a second time of
committing a Class 1 felony | ||||||
18 | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||||||
19 | person whose license or permit is revoked
under
this subsection | ||||||
20 | B shall be prohibited from practicing
medicine or treating | ||||||
21 | human ailments without the use of drugs and without
operative | ||||||
22 | surgery.
| ||||||
23 | (C) 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. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13; | ||||||
8 | 98-668, eff. 6-25-14; 98-1140, eff. 12-30-14.)
| ||||||
9 | (225 ILCS 60/54.5)
| ||||||
10 | (Section scheduled to be repealed on December 31, 2015)
| ||||||
11 | Sec. 54.5. Physician delegation of authority to physician | ||||||
12 | assistants, advanced practice nurses, and prescribing | ||||||
13 | psychologists.
| ||||||
14 | (a) Physicians licensed to practice medicine in all its
| ||||||
15 | branches may delegate care and treatment responsibilities to a
| ||||||
16 | physician assistant under guidelines in accordance with the
| ||||||
17 | requirements of the Physician Assistant Practice Act of
1987. A | ||||||
18 | physician licensed to practice medicine in all its
branches may | ||||||
19 | enter into supervising physician agreements with
no more than 5 | ||||||
20 | physician assistants as set forth in subsection (a) of Section | ||||||
21 | 7 of the Physician Assistant Practice Act of 1987.
| ||||||
22 | (b) A physician licensed to practice medicine in all its
| ||||||
23 | branches in active clinical practice may collaborate and | ||||||
24 | consult with an advanced practice
nurse in accordance with the | ||||||
25 | requirements of the Nurse Practice Act. Collaboration
is for |
| |||||||
| |||||||
1 | the purpose of providing medical consultation,
and no | ||||||
2 | employment relationship is required. A
written collaborative | ||||||
3 | agreement shall
conform to the requirements of Section 65-35 of | ||||||
4 | the Nurse Practice Act. The written collaborative agreement | ||||||
5 | shall
be for
services the collaborating physician generally | ||||||
6 | provides or may provide in
his or her clinical medical | ||||||
7 | practice.
A written collaborative agreement shall be adequate | ||||||
8 | with respect to collaboration
with advanced practice nurses if | ||||||
9 | all of the following apply:
| ||||||
10 | (1) The agreement is written to promote the exercise of | ||||||
11 | professional judgment by the advanced practice nurse | ||||||
12 | commensurate with his or her education and experience. The | ||||||
13 | agreement need not describe the exact steps that an | ||||||
14 | advanced practice nurse must take with respect to each | ||||||
15 | specific condition, disease, or symptom, but must specify | ||||||
16 | those procedures that require a physician's presence as the | ||||||
17 | procedures are being performed.
| ||||||
18 | (2) Practice guidelines and orders are developed and | ||||||
19 | approved jointly by the advanced practice nurse and | ||||||
20 | collaborating physician, as needed, based on the practice | ||||||
21 | of the practitioners. Such guidelines and orders and the | ||||||
22 | patient services provided thereunder are periodically | ||||||
23 | reviewed by the collaborating physician.
| ||||||
24 | (3) The advance practice nurse provides services the | ||||||
25 | collaborating physician generally provides or may provide | ||||||
26 | in his or her clinical medical practice, except as set |
| |||||||
| |||||||
1 | forth in subsection (b-5) of this Section. With respect to | ||||||
2 | labor and delivery, the collaborating physician must | ||||||
3 | provide delivery services in order to participate with a | ||||||
4 | certified nurse midwife. | ||||||
5 | (4) The collaborating physician and advanced practice | ||||||
6 | nurse consult at least once a month to provide | ||||||
7 | collaboration and consultation. | ||||||
8 | (5) Methods of communication are available with the | ||||||
9 | collaborating physician in person or through | ||||||
10 | telecommunications for consultation, collaboration, and | ||||||
11 | referral as needed to address patient care needs. | ||||||
12 | (6) The agreement contains provisions detailing notice | ||||||
13 | for termination or change of status involving a written | ||||||
14 | collaborative agreement, except when such notice is given | ||||||
15 | for just cause.
| ||||||
16 | (b-5) (Blank). An anesthesiologist or physician licensed | ||||||
17 | to practice medicine in
all its branches may collaborate with a | ||||||
18 | certified registered nurse anesthetist
in accordance with | ||||||
19 | Section 65-35 of the Nurse Practice Act for the provision of | ||||||
20 | anesthesia services. With respect to the provision of | ||||||
21 | anesthesia services, the collaborating anesthesiologist or | ||||||
22 | physician shall have training and experience in the delivery of | ||||||
23 | anesthesia services consistent with Department rules. | ||||||
24 | Collaboration shall be
adequate if:
| ||||||
25 | (1) an anesthesiologist or a physician
participates in | ||||||
26 | the joint formulation and joint approval of orders or
|
| |||||||
| |||||||
1 | guidelines and periodically reviews such orders and the | ||||||
2 | services provided
patients under such orders; and
| ||||||
3 | (2) for anesthesia services, the anesthesiologist
or | ||||||
4 | physician participates through discussion of and agreement | ||||||
5 | with the
anesthesia plan and is physically present and | ||||||
6 | available on the premises during
the delivery of anesthesia | ||||||
7 | services for
diagnosis, consultation, and treatment of | ||||||
8 | emergency medical conditions.
Anesthesia services in a | ||||||
9 | hospital shall be conducted in accordance with
Section 10.7 | ||||||
10 | of the Hospital Licensing Act and in an ambulatory surgical
| ||||||
11 | treatment center in accordance with Section 6.5 of the | ||||||
12 | Ambulatory Surgical
Treatment Center Act.
| ||||||
13 | (b-10) (Blank). The anesthesiologist or operating | ||||||
14 | physician must agree with the
anesthesia plan prior to the | ||||||
15 | delivery of services.
| ||||||
16 | (c) The supervising physician shall have access to the
| ||||||
17 | medical records of all patients attended by a physician
| ||||||
18 | assistant. The collaborating physician shall have access to
the | ||||||
19 | medical records of all patients attended to by an
advanced | ||||||
20 | practice nurse.
| ||||||
21 | (d) (Blank).
| ||||||
22 | (e) A physician shall not be liable for the acts or
| ||||||
23 | omissions of a prescribing psychologist, physician assistant, | ||||||
24 | or advanced practice
nurse solely on the basis of having signed | ||||||
25 | a
supervision agreement or guidelines for a physician assistant | ||||||
26 | or providing consultation and collaboration with an advanced |
| |||||||
| |||||||
1 | practice nurse, issuing or a collaborative
agreement, an order, | ||||||
2 | a standing medical order, a
standing delegation order, or other | ||||||
3 | order or guideline
authorizing a prescribing psychologist, | ||||||
4 | physician assistant, or advanced practice
nurse to perform | ||||||
5 | acts, unless the physician has
reason to believe the | ||||||
6 | prescribing psychologist, physician assistant, or advanced
| ||||||
7 | practice nurse lacked the competency to perform
the act or acts | ||||||
8 | or commits willful and wanton misconduct.
| ||||||
9 | (f) (Blank). A collaborating physician may, but is not | ||||||
10 | required to, delegate prescriptive authority to an advanced | ||||||
11 | practice nurse as part of a written collaborative agreement, | ||||||
12 | and the delegation of prescriptive authority shall conform to | ||||||
13 | the requirements of Section 65-40 of the Nurse Practice Act. | ||||||
14 | (g) A supervising physician may, but is not required to, | ||||||
15 | delegate prescriptive authority to a physician assistant as | ||||||
16 | part of a written supervision agreement, and the delegation of | ||||||
17 | prescriptive authority shall conform to the requirements of | ||||||
18 | Section 7.5 of the Physician Assistant Practice Act of 1987. | ||||||
19 | (h) For the purposes of this Section, "generally provides | ||||||
20 | or may provide in his or her clinical medical practice" means | ||||||
21 | categories of care or treatment, not specific tasks or duties, | ||||||
22 | that the physician provides individually or through delegation | ||||||
23 | to other persons so that the physician has the experience and | ||||||
24 | ability to provide collaboration and consultation. This | ||||||
25 | definition shall not be construed to prohibit an advanced | ||||||
26 | practice nurse from providing primary health treatment or care |
| |||||||
| |||||||
1 | within the scope of his or her training and experience, | ||||||
2 | including, but not limited to, health screenings, patient | ||||||
3 | histories, physical examinations, women's health examinations, | ||||||
4 | or school physicals that may be provided as part of the routine | ||||||
5 | practice of an advanced practice nurse or on a volunteer basis. | ||||||
6 | (i) A collaborating physician shall delegate prescriptive | ||||||
7 | authority to a prescribing psychologist as part of a written | ||||||
8 | collaborative agreement, and the delegation of prescriptive | ||||||
9 | authority shall conform to the requirements of Section 4.3 of | ||||||
10 | the Clinical Psychologist Licensing Act. | ||||||
11 | (Source: P.A. 97-358, eff. 8-12-11; 97-1071, eff. 8-24-12; | ||||||
12 | 98-192, eff. 1-1-14; 98-668, eff. 6-25-14 .)
| ||||||
13 | Section 50. The Nurse Practice Act is amended by changing | ||||||
14 | Sections 50-10, 65-30, 65-45, and 70-5 as follows:
| ||||||
15 | (225 ILCS 65/50-10)
(was 225 ILCS 65/5-10)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
17 | Sec. 50-10. Definitions. Each of the following terms, when | ||||||
18 | used
in this Act, shall have the meaning ascribed to it in this | ||||||
19 | Section, except
where the context clearly indicates otherwise:
| ||||||
20 | "Academic year" means the customary annual schedule of | ||||||
21 | courses at a
college, university, or approved school, | ||||||
22 | customarily regarded as the school
year as distinguished from | ||||||
23 | the calendar year.
| ||||||
24 | "Advanced practice nurse" or "APN" means a person who has |
| |||||||
| |||||||
1 | met the qualifications for a (i) certified nurse midwife (CNM); | ||||||
2 | (ii) certified nurse practitioner (CNP); (iii) certified | ||||||
3 | registered nurse anesthetist (CRNA); or (iv) clinical nurse | ||||||
4 | specialist (CNS) and has been licensed by the Department. All | ||||||
5 | advanced practice nurses licensed and practicing in the State | ||||||
6 | of Illinois shall use the title APN and may use specialty | ||||||
7 | credentials after their name.
| ||||||
8 | "Approved program of professional nursing education" and | ||||||
9 | "approved
program of practical nursing education" are programs | ||||||
10 | of professional or
practical nursing, respectively, approved | ||||||
11 | by the Department under the
provisions of this Act.
| ||||||
12 | "Board" means the Board of Nursing appointed by the | ||||||
13 | Secretary. | ||||||
14 | "Collaboration" means a process involving 2 or more health | ||||||
15 | care professionals working together, each contributing one's | ||||||
16 | respective area of expertise to provide more comprehensive | ||||||
17 | patient care. | ||||||
18 | "Consultation" means the process whereby an advanced | ||||||
19 | practice nurse seeks the advice or opinion of another health | ||||||
20 | care professional. | ||||||
21 | "Credentialed" means the process of assessing and | ||||||
22 | validating the qualifications of a health care professional. | ||||||
23 | "Current nursing practice update course" means a planned | ||||||
24 | nursing education curriculum approved by the Department | ||||||
25 | consisting of activities that have educational objectives, | ||||||
26 | instructional methods, content or subject matter, clinical |
| |||||||
| |||||||
1 | practice, and evaluation methods, related to basic review and | ||||||
2 | updating content and specifically planned for those nurses | ||||||
3 | previously licensed in the United States or its territories and | ||||||
4 | preparing for reentry into nursing practice. | ||||||
5 | "Dentist" means a person licensed to practice dentistry | ||||||
6 | under the Illinois Dental Practice Act. | ||||||
7 | "Department" means the Department of Financial and | ||||||
8 | Professional Regulation. | ||||||
9 | "Impaired nurse" means a nurse licensed under this Act who | ||||||
10 | is unable to practice with reasonable skill and safety because | ||||||
11 | of a physical or mental disability as evidenced by a written | ||||||
12 | determination or written consent based on clinical evidence, | ||||||
13 | including loss of motor skills, abuse of drugs or alcohol, or a | ||||||
14 | psychiatric disorder, of sufficient degree to diminish his or | ||||||
15 | her ability to deliver competent patient care. | ||||||
16 | "License-pending advanced practice nurse" means a | ||||||
17 | registered professional nurse who has completed all | ||||||
18 | requirements for licensure as an advanced practice nurse except | ||||||
19 | the certification examination and has applied to take the next | ||||||
20 | available certification exam and received a temporary license | ||||||
21 | from the Department. | ||||||
22 | "License-pending registered nurse" means a person who has | ||||||
23 | passed the Department-approved registered nurse licensure exam | ||||||
24 | and has applied for a license from the Department. A | ||||||
25 | license-pending registered nurse shall use the title "RN lic | ||||||
26 | pend" on all documentation related to nursing practice. |
| |||||||
| |||||||
1 | "Physician" means a person licensed to practice medicine in | ||||||
2 | all its branches under the Medical Practice Act of 1987. | ||||||
3 | "Podiatric physician" means a person licensed to practice | ||||||
4 | podiatry under the Podiatric Medical Practice Act of 1987.
| ||||||
5 | "Practical nurse" or "licensed practical nurse" means a | ||||||
6 | person who is
licensed as a practical nurse under this Act and | ||||||
7 | practices practical
nursing as defined in this Act. Only a | ||||||
8 | practical nurse
licensed under this Act is entitled to use the | ||||||
9 | title "licensed practical
nurse" and the abbreviation | ||||||
10 | "L.P.N.".
| ||||||
11 | "Practical nursing" means the performance of
nursing acts | ||||||
12 | requiring the basic nursing knowledge, judgment judgement , and | ||||||
13 | skill
acquired by means of completion of an approved practical | ||||||
14 | nursing education
program. Practical nursing includes | ||||||
15 | assisting in the nursing process as
delegated by a registered | ||||||
16 | professional nurse or an advanced practice nurse. The
practical | ||||||
17 | nurse may work under the direction of a licensed physician, | ||||||
18 | dentist, podiatric physician, or other health care | ||||||
19 | professional determined by the Department.
| ||||||
20 | "Privileged" means the authorization granted by the | ||||||
21 | governing body of a healthcare facility, agency, or | ||||||
22 | organization to provide specific patient care services within | ||||||
23 | well-defined limits, based on qualifications reviewed in the | ||||||
24 | credentialing process.
| ||||||
25 | "Registered Nurse" or "Registered Professional Nurse" | ||||||
26 | means a person
who is licensed as a professional nurse under |
| |||||||
| |||||||
1 | this Act and practices
nursing as defined in
this Act. Only a | ||||||
2 | registered
nurse licensed under this Act is entitled to use the
| ||||||
3 | titles "registered nurse" and "registered professional nurse" | ||||||
4 | and the
abbreviation, "R.N.".
| ||||||
5 | "Registered professional nursing practice" is a scientific | ||||||
6 | process founded on a professional body of knowledge; it is a | ||||||
7 | learned profession based on the understanding of the human | ||||||
8 | condition across the life span and environment and
includes all
| ||||||
9 | nursing
specialties and means the performance of any nursing | ||||||
10 | act based upon
professional knowledge, judgment, and skills | ||||||
11 | acquired by means of completion
of an approved professional | ||||||
12 | nursing education program. A registered
professional nurse | ||||||
13 | provides holistic nursing care through the nursing process
to | ||||||
14 | individuals, groups, families, or communities, that includes | ||||||
15 | but is not
limited to: (1) the assessment of healthcare needs, | ||||||
16 | nursing diagnosis,
planning, implementation, and nursing | ||||||
17 | evaluation; (2) the promotion,
maintenance, and restoration of | ||||||
18 | health; (3) counseling, patient education,
health education, | ||||||
19 | and patient advocacy; (4) the administration of medications
and | ||||||
20 | treatments as prescribed by a physician licensed to practice | ||||||
21 | medicine in
all of its branches, a licensed dentist, a licensed | ||||||
22 | podiatric physician, or a licensed
optometrist or as prescribed | ||||||
23 | by a physician assistant in accordance with
written guidelines | ||||||
24 | required under the Physician Assistant Practice Act of 1987
or | ||||||
25 | by an advanced practice nurse in accordance with Article 65 of | ||||||
26 | this Act; (5) the
coordination and management of the nursing |
| |||||||
| |||||||
1 | plan of care; (6) the delegation to
and supervision of | ||||||
2 | individuals who assist the registered professional nurse
| ||||||
3 | implementing the plan of care; and (7) teaching nursing
| ||||||
4 | students. The foregoing shall not be deemed to include
those | ||||||
5 | acts of medical diagnosis or prescription of therapeutic or
| ||||||
6 | corrective measures.
| ||||||
7 | "Professional assistance program for nurses" means a | ||||||
8 | professional
assistance program that meets criteria | ||||||
9 | established by the Board of Nursing
and approved by the | ||||||
10 | Secretary, which provides a non-disciplinary treatment
| ||||||
11 | approach for nurses licensed under this Act whose ability to | ||||||
12 | practice is
compromised by alcohol or chemical substance | ||||||
13 | addiction.
| ||||||
14 | "Secretary" means the Secretary of Financial and | ||||||
15 | Professional Regulation. | ||||||
16 | "Unencumbered license" means a license issued in good | ||||||
17 | standing. | ||||||
18 | "Written collaborative agreement" means a written | ||||||
19 | agreement between an advanced practice nurse and a | ||||||
20 | collaborating physician, dentist, or podiatric physician | ||||||
21 | pursuant to Section 65-35.
| ||||||
22 | (Source: P.A. 97-813, eff. 7-13-12; 98-214, eff. 8-9-13.)
| ||||||
23 | (225 ILCS 65/65-30) | ||||||
24 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
25 | Sec. 65-30. APN scope of practice.
|
| |||||||
| |||||||
1 | (a) Advanced practice nursing by certified nurse | ||||||
2 | practitioners, certified nurse anesthetists, certified nurse | ||||||
3 | midwives, or clinical nurse specialists is based on knowledge | ||||||
4 | and skills acquired throughout an advanced practice nurse's | ||||||
5 | nursing education, training, and experience. | ||||||
6 | (b) Practice as an advanced practice nurse means a scope of | ||||||
7 | nursing practice, with or without compensation, and includes | ||||||
8 | the registered nurse scope of practice. | ||||||
9 | (c) The scope of practice of an advanced practice nurse | ||||||
10 | includes, but is not limited to, each of the following: | ||||||
11 | (1) Advanced nursing patient assessment and diagnosis. | ||||||
12 | (2) Ordering diagnostic and therapeutic tests and | ||||||
13 | procedures, performing those tests and procedures when using | ||||||
14 | health care equipment, and interpreting and using the results | ||||||
15 | of diagnostic and therapeutic tests and procedures ordered by | ||||||
16 | the advanced practice nurse or another health care | ||||||
17 | professional. | ||||||
18 | (3) Ordering treatments, ordering or applying | ||||||
19 | appropriate medical devices, and using nursing medical, | ||||||
20 | therapeutic, and corrective measures to treat illness and | ||||||
21 | improve health status. | ||||||
22 | (4) Providing palliative and end-of-life care. | ||||||
23 | (5) Providing advanced counseling, patient education, | ||||||
24 | health education, and patient advocacy. | ||||||
25 | (6) Prescribing any Schedule II thorugh Schedule V | ||||||
26 | controlled substance. Prescriptive authority as defined in |
| |||||||
| |||||||
1 | Section 65-40 of this Act. | ||||||
2 | (7) Delegating selected nursing activities or tasks to | ||||||
3 | a licensed practical nurse, a registered professional nurse, or | ||||||
4 | other personnel.
| ||||||
5 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
6 | (225 ILCS 65/65-45)
(was 225 ILCS 65/15-25)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
8 | Sec. 65-45. Advanced practice nursing in hospitals, | ||||||
9 | hospital affiliates, or ambulatory surgical treatment centers.
| ||||||
10 | (a) An advanced practice nurse may provide
services in a | ||||||
11 | hospital or a hospital affiliate as those terms are defined in | ||||||
12 | the Hospital Licensing Act or the University of Illinois | ||||||
13 | Hospital Act or a licensed ambulatory surgical
treatment center | ||||||
14 | without a written collaborative agreement pursuant to Section | ||||||
15 | 65-35 of this Act . An advanced practice nurse must possess | ||||||
16 | clinical privileges recommended by the hospital medical staff | ||||||
17 | and granted by the hospital or the consulting medical staff | ||||||
18 | committee and ambulatory surgical treatment center in order to | ||||||
19 | provide services. The medical staff or consulting medical staff | ||||||
20 | committee shall periodically review the services of advanced | ||||||
21 | practice nurses granted clinical privileges, including any | ||||||
22 | care provided in a hospital affiliate. Authority may also be | ||||||
23 | granted when recommended by the hospital medical staff and | ||||||
24 | granted by the hospital or recommended by the consulting | ||||||
25 | medical staff committee and ambulatory surgical treatment |
| |||||||
| |||||||
1 | center to individual advanced practice nurses to select, order, | ||||||
2 | and administer medications, including controlled substances, | ||||||
3 | to provide delineated care. In a hospital, hospital affiliate, | ||||||
4 | or ambulatory surgical treatment center, the attending | ||||||
5 | physician shall determine an advanced practice nurse's role in | ||||||
6 | providing care for his or her patients, except as otherwise | ||||||
7 | provided in the medical staff bylaws or consulting committee | ||||||
8 | policies.
| ||||||
9 | (a-2) (Blank). An advanced practice nurse granted | ||||||
10 | authority to order medications including controlled substances | ||||||
11 | may complete discharge prescriptions provided the prescription | ||||||
12 | is in the name of the advanced practice nurse and the attending | ||||||
13 | or discharging physician. | ||||||
14 | (a-3) (Blank). Advanced practice nurses practicing in a | ||||||
15 | hospital or an ambulatory surgical treatment center are not | ||||||
16 | required to obtain a mid-level controlled substance license to | ||||||
17 | order controlled substances under Section 303.05 of the | ||||||
18 | Illinois Controlled Substances Act. | ||||||
19 | (a-5) (Blank). For
anesthesia services provided by a | ||||||
20 | certified registered nurse anesthetist, an anesthesiologist,
| ||||||
21 | physician, dentist,
or podiatric physician shall participate | ||||||
22 | through discussion of and agreement with the
anesthesia plan | ||||||
23 | and shall
remain
physically present
and be available on the | ||||||
24 | premises during the delivery of anesthesia services for
| ||||||
25 | diagnosis, consultation, and treatment of
emergency medical | ||||||
26 | conditions, unless hospital policy adopted pursuant to
clause |
| |||||||
| |||||||
1 | (B) of subdivision (3) of Section 10.7 of the Hospital | ||||||
2 | Licensing Act
or ambulatory surgical treatment center policy | ||||||
3 | adopted pursuant to
clause (B) of subdivision (3) of Section | ||||||
4 | 6.5 of the Ambulatory Surgical
Treatment Center Act
provides | ||||||
5 | otherwise. A certified registered nurse anesthetist may | ||||||
6 | select, order, and administer medication for anesthesia | ||||||
7 | services under the anesthesia plan agreed to by the | ||||||
8 | anesthesiologist or the physician, in accordance with hospital | ||||||
9 | alternative policy or the medical staff consulting committee | ||||||
10 | policies of a licensed ambulatory surgical treatment center.
| ||||||
11 | (b) An advanced practice nurse who provides
services in a | ||||||
12 | hospital shall do so in accordance with Section 10.7 of the
| ||||||
13 | Hospital
Licensing Act and, in an
ambulatory surgical treatment | ||||||
14 | center, in accordance with Section 6.5 of the
Ambulatory
| ||||||
15 | Surgical Treatment Center Act.
| ||||||
16 | (Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)
| ||||||
17 | (225 ILCS 65/70-5)
(was 225 ILCS 65/10-45)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
19 | Sec. 70-5. Grounds for disciplinary action.
| ||||||
20 | (a) The Department may
refuse to issue or
to renew, or may | ||||||
21 | revoke, suspend, place on
probation, reprimand, or take other | ||||||
22 | disciplinary or non-disciplinary action as the Department
may | ||||||
23 | deem appropriate, including fines not to exceed $10,000 per | ||||||
24 | violation, with regard to a license for any one or combination
| ||||||
25 | of the causes set forth in subsection (b) below.
All fines |
| |||||||
| |||||||
1 | collected under this Section shall be deposited in the Nursing
| ||||||
2 | Dedicated and Professional Fund.
| ||||||
3 | (b) Grounds for disciplinary action include the following:
| ||||||
4 | (1) Material deception in furnishing information to | ||||||
5 | the
Department.
| ||||||
6 | (2) Material violations of any provision of this Act or | ||||||
7 | violation of the rules of or final administrative action of
| ||||||
8 | the Secretary, after consideration of the recommendation | ||||||
9 | of the Board.
| ||||||
10 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
11 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
12 | sentencing of any crime, including, but not limited to, | ||||||
13 | convictions, preceding sentences of supervision, | ||||||
14 | conditional discharge, or first offender probation, under | ||||||
15 | the laws of any jurisdiction
of the
United States: (i) that | ||||||
16 | is a felony; or (ii) that is a misdemeanor, an
essential | ||||||
17 | element of which is dishonesty, or that is
directly related | ||||||
18 | to the practice of the profession.
| ||||||
19 | (4) A pattern of practice or other behavior which | ||||||
20 | demonstrates
incapacity
or incompetency to practice under | ||||||
21 | this Act.
| ||||||
22 | (5) Knowingly aiding or assisting another person in | ||||||
23 | violating
any
provision of this Act or rules.
| ||||||
24 | (6) Failing, within 90 days, to provide a response to a | ||||||
25 | request
for
information in response to a written request | ||||||
26 | made by the Department by
certified mail.
|
| |||||||
| |||||||
1 | (7) Engaging in dishonorable, unethical or | ||||||
2 | unprofessional
conduct of a
character likely to deceive, | ||||||
3 | defraud or harm the public, as defined by
rule.
| ||||||
4 | (8) Unlawful taking, theft, selling, distributing, or | ||||||
5 | manufacturing of any drug, narcotic, or
prescription
| ||||||
6 | device.
| ||||||
7 | (9) Habitual or excessive use or addiction to alcohol,
| ||||||
8 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
9 | that could result in a licensee's
inability to practice | ||||||
10 | with reasonable judgment, skill or safety.
| ||||||
11 | (10) Discipline by another U.S. jurisdiction or | ||||||
12 | foreign
nation, if at
least one of the grounds for the | ||||||
13 | discipline is the same or substantially
equivalent to those | ||||||
14 | set forth in this Section.
| ||||||
15 | (11) A finding that the licensee, after having her or | ||||||
16 | his
license placed on
probationary status or subject to | ||||||
17 | conditions or restrictions, has violated the terms of | ||||||
18 | probation or failed to comply with such terms or | ||||||
19 | conditions.
| ||||||
20 | (12) Being named as a perpetrator in an indicated | ||||||
21 | report by
the
Department of Children and Family Services | ||||||
22 | and under the Abused and
Neglected Child Reporting Act, and | ||||||
23 | upon proof by clear and
convincing evidence that the | ||||||
24 | licensee has caused a child to be an abused
child or | ||||||
25 | neglected child as defined in the Abused and Neglected | ||||||
26 | Child
Reporting Act.
|
| |||||||
| |||||||
1 | (13) Willful omission to file or record, or willfully | ||||||
2 | impeding
the
filing or recording or inducing another person | ||||||
3 | to omit to file or record
medical reports as required by | ||||||
4 | law or willfully failing to report an
instance of suspected | ||||||
5 | child abuse or neglect as required by the Abused and
| ||||||
6 | Neglected Child Reporting Act.
| ||||||
7 | (14) Gross negligence in the practice of practical, | ||||||
8 | professional, or advanced practice nursing.
| ||||||
9 | (15) Holding oneself out to be practicing nursing under | ||||||
10 | any
name other
than one's own.
| ||||||
11 | (16) Failure of a licensee to report to the Department | ||||||
12 | any adverse final action taken against him or her by | ||||||
13 | another licensing jurisdiction of the United States or any | ||||||
14 | foreign state or country, any peer review body, any health | ||||||
15 | care institution, any professional or nursing society or | ||||||
16 | association, any governmental agency, any law enforcement | ||||||
17 | agency, or any court or a nursing liability claim related | ||||||
18 | to acts or conduct similar to acts or conduct that would | ||||||
19 | constitute grounds for action as defined in this Section. | ||||||
20 | (17) Failure of a licensee to report to the Department | ||||||
21 | surrender by the licensee of a license or authorization to | ||||||
22 | practice nursing or advanced practice nursing in another | ||||||
23 | state or jurisdiction or current surrender by the licensee | ||||||
24 | of membership on any nursing staff or in any nursing or | ||||||
25 | advanced practice nursing or professional association or | ||||||
26 | society while under disciplinary investigation by any of |
| |||||||
| |||||||
1 | those authorities or bodies for acts or conduct similar to | ||||||
2 | acts or conduct that would constitute grounds for action as | ||||||
3 | defined by this Section. | ||||||
4 | (18) Failing, within 60 days, to provide information in | ||||||
5 | response to a written request made by the Department. | ||||||
6 | (19) Failure to establish and maintain records of | ||||||
7 | patient care and treatment as required by law.
| ||||||
8 | (20) Fraud, deceit or misrepresentation in applying | ||||||
9 | for or
procuring
a license under this Act or in connection | ||||||
10 | with applying for renewal of a
license under this Act.
| ||||||
11 | (21) Allowing another person or organization to use the
| ||||||
12 | licensees'
license to deceive the public.
| ||||||
13 | (22) Willfully making or filing false records or | ||||||
14 | reports in
the
licensee's practice, including but not | ||||||
15 | limited to false
records to support claims against the | ||||||
16 | medical assistance program of the
Department of Healthcare | ||||||
17 | and Family Services (formerly Department of Public Aid)
| ||||||
18 | under the Illinois Public Aid Code.
| ||||||
19 | (23) Attempting to subvert or cheat on a
licensing
| ||||||
20 | examination
administered under this Act.
| ||||||
21 | (24) Immoral conduct in the commission of an act, | ||||||
22 | including, but not limited to, sexual abuse,
sexual | ||||||
23 | misconduct, or sexual exploitation, related to the | ||||||
24 | licensee's practice.
| ||||||
25 | (25) Willfully or negligently violating the | ||||||
26 | confidentiality
between nurse
and patient except as |
| |||||||
| |||||||
1 | required by law.
| ||||||
2 | (26) Practicing under a false or assumed name, except | ||||||
3 | as provided by law.
| ||||||
4 | (27) The use of any false, fraudulent, or deceptive | ||||||
5 | statement
in any
document connected with the licensee's | ||||||
6 | practice.
| ||||||
7 | (28) Directly or indirectly giving to or receiving from | ||||||
8 | a person, firm,
corporation, partnership, or association a | ||||||
9 | fee, commission, rebate, or other
form of compensation for | ||||||
10 | professional services not actually or personally
rendered. | ||||||
11 | Nothing in this paragraph (28) affects any bona fide | ||||||
12 | independent contractor or employment arrangements among | ||||||
13 | health care professionals, health facilities, health care | ||||||
14 | providers, or other entities, except as otherwise | ||||||
15 | prohibited by law. Any employment arrangements may include | ||||||
16 | provisions for compensation, health insurance, pension, or | ||||||
17 | other employment benefits for the provision of services | ||||||
18 | within the scope of the licensee's practice under this Act. | ||||||
19 | Nothing in this paragraph (28) shall be construed to | ||||||
20 | require an employment arrangement to receive professional | ||||||
21 | fees for services rendered.
| ||||||
22 | (29) A violation of the Health Care Worker | ||||||
23 | Self-Referral Act.
| ||||||
24 | (30) Physical illness, including but not limited to | ||||||
25 | deterioration
through
the aging process or loss of motor | ||||||
26 | skill, mental illness, or disability that
results in the |
| |||||||
| |||||||
1 | inability to practice the profession with reasonable | ||||||
2 | judgment,
skill, or safety.
| ||||||
3 | (31) (Blank). Exceeding the terms of a collaborative | ||||||
4 | agreement or the prescriptive authority delegated to a | ||||||
5 | licensee by his or her collaborating physician or podiatric | ||||||
6 | physician in guidelines established under a written | ||||||
7 | collaborative agreement. | ||||||
8 | (32) Making a false or misleading statement regarding a | ||||||
9 | licensee's skill or the efficacy or value of the medicine, | ||||||
10 | treatment, or remedy prescribed by him or her in the course | ||||||
11 | of treatment. | ||||||
12 | (33) Prescribing, selling, administering, | ||||||
13 | distributing, giving, or self-administering a drug | ||||||
14 | classified as a controlled substance (designated product) | ||||||
15 | or narcotic for other than medically accepted therapeutic | ||||||
16 | purposes. | ||||||
17 | (34) Promotion of the sale of drugs, devices, | ||||||
18 | appliances, or goods provided for a patient in a manner to | ||||||
19 | exploit the patient for financial gain. | ||||||
20 | (35) Violating State or federal laws, rules, or | ||||||
21 | regulations relating to controlled substances. | ||||||
22 | (36) Willfully or negligently violating the | ||||||
23 | confidentiality between an advanced practice nurse, | ||||||
24 | collaborating physician, dentist, or podiatric physician | ||||||
25 | and a patient, except as required by law. | ||||||
26 | (37) A violation of any provision of this Act or any |
| |||||||
| |||||||
1 | rules promulgated under this Act. | ||||||
2 | (c) The determination by a circuit court that a licensee is
| ||||||
3 | subject to
involuntary admission or judicial admission as | ||||||
4 | provided in the Mental
Health and Developmental Disabilities | ||||||
5 | Code, as amended, operates as an
automatic suspension. The | ||||||
6 | suspension will end only upon a finding
by a
court that the | ||||||
7 | patient is no longer subject to involuntary admission or
| ||||||
8 | judicial admission and issues an order so finding and | ||||||
9 | discharging the
patient; and upon the recommendation of the | ||||||
10 | Board to the
Secretary that
the licensee be allowed to resume | ||||||
11 | his or her practice.
| ||||||
12 | (d) The Department may refuse to issue or may suspend or | ||||||
13 | otherwise discipline the
license of any
person who fails to | ||||||
14 | file a return, or to pay the tax, penalty or interest
shown in | ||||||
15 | a filed return, or to pay any final assessment of the tax,
| ||||||
16 | penalty, or interest as required by any tax Act administered by | ||||||
17 | the
Department of Revenue, until such time as the requirements | ||||||
18 | of any
such tax Act are satisfied.
| ||||||
19 | (e) In enforcing this Act, the Department or Board,
upon a | ||||||
20 | showing of a
possible
violation, may compel an individual | ||||||
21 | licensed to practice under this Act or
who has applied for | ||||||
22 | licensure under this Act, to submit
to a mental or physical | ||||||
23 | examination, or both, as required by and at the expense
of the | ||||||
24 | Department. The Department or Board may order the examining | ||||||
25 | physician to
present
testimony concerning the mental or | ||||||
26 | physical examination of the licensee or
applicant. No |
| |||||||
| |||||||
1 | information shall be excluded by reason of any common law or
| ||||||
2 | statutory privilege relating to communications between the | ||||||
3 | licensee or
applicant and the examining physician. The | ||||||
4 | examining
physicians
shall be specifically designated by the | ||||||
5 | Board or Department.
The individual to be examined may have, at | ||||||
6 | his or her own expense, another
physician of his or her choice | ||||||
7 | present during all
aspects of this examination. Failure of an | ||||||
8 | individual to submit to a mental
or
physical examination, when | ||||||
9 | directed, shall result in an automatic
suspension without | ||||||
10 | hearing.
| ||||||
11 | All substance-related violations shall mandate an | ||||||
12 | automatic substance abuse assessment. Failure to submit to an | ||||||
13 | assessment by a licensed physician who is certified as an | ||||||
14 | addictionist or an advanced practice nurse with specialty | ||||||
15 | certification in addictions may be grounds for an automatic | ||||||
16 | suspension, as defined by rule.
| ||||||
17 | If the Department or Board finds an individual unable to | ||||||
18 | practice or unfit for duty because
of
the
reasons
set forth in | ||||||
19 | this Section, the Department or Board may require that | ||||||
20 | individual
to submit
to
a substance abuse evaluation or | ||||||
21 | treatment by individuals or programs
approved
or designated by | ||||||
22 | the Department or Board, as a condition, term, or restriction
| ||||||
23 | for continued,
reinstated, or
renewed licensure to practice; | ||||||
24 | or, in lieu of evaluation or treatment,
the Department may | ||||||
25 | file, or
the Board may recommend to the Department to file, a | ||||||
26 | complaint to immediately
suspend, revoke, or otherwise |
| |||||||
| |||||||
1 | discipline the license of the individual.
An individual whose
| ||||||
2 | license was granted, continued, reinstated, renewed, | ||||||
3 | disciplined or supervised
subject to such terms, conditions, or | ||||||
4 | restrictions, and who fails to comply
with
such terms, | ||||||
5 | conditions, or restrictions, shall be referred to the Secretary | ||||||
6 | for
a
determination as to whether the individual shall have his | ||||||
7 | or her license
suspended immediately, pending a hearing by the | ||||||
8 | Department.
| ||||||
9 | In instances in which the Secretary immediately suspends a | ||||||
10 | person's license
under this Section, a hearing on that person's | ||||||
11 | license must be convened by
the Department within 15 days after | ||||||
12 | the suspension and completed without
appreciable
delay.
The | ||||||
13 | Department and Board shall have the authority to review the | ||||||
14 | subject
individual's record of
treatment and counseling | ||||||
15 | regarding the impairment to the extent permitted by
applicable | ||||||
16 | federal statutes and regulations safeguarding the | ||||||
17 | confidentiality of
medical records.
| ||||||
18 | An individual licensed under this Act and affected under | ||||||
19 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
20 | the Department that he or
she can resume
practice in compliance | ||||||
21 | with nursing standards under the
provisions of his or her | ||||||
22 | license.
| ||||||
23 | (Source: P.A. 98-214, eff. 8-9-13.)
| ||||||
24 | Section 55. The Illinois Occupational Therapy Practice Act | ||||||
25 | is amended by changing Section 3.1 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 75/3.1)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
3 | Sec. 3.1. Referrals. | ||||||
4 | (a) A licensed occupational therapist or licensed
| ||||||
5 | occupational therapy assistant may consult with, educate, | ||||||
6 | evaluate, and monitor
services for individuals, groups, and | ||||||
7 | populations concerning occupational therapy needs. Except as | ||||||
8 | indicated in subsections (b) and (c) of this Section, | ||||||
9 | implementation
of direct occupational therapy treatment to | ||||||
10 | individuals for their specific
health care conditions shall be | ||||||
11 | based upon a referral from a licensed
physician, dentist, | ||||||
12 | podiatric physician, or advanced practice nurse who has a | ||||||
13 | written collaborative agreement with a collaborating physician | ||||||
14 | to provide or accept referrals from licensed occupational | ||||||
15 | therapists , physician assistant who has been delegated | ||||||
16 | authority to provide or accept referrals from or to licensed | ||||||
17 | occupational therapists, or optometrist.
| ||||||
18 | (b) A referral is not required for the purpose of providing | ||||||
19 | consultation, habilitation, screening, education, wellness, | ||||||
20 | prevention, environmental assessments, and work-related | ||||||
21 | ergonomic services to individuals, groups, or populations. | ||||||
22 | (c) Referral from a physician or other health care provider | ||||||
23 | is not required for evaluation or intervention for children and | ||||||
24 | youths if an occupational therapist or occupational therapy | ||||||
25 | assistant provides services in a school-based or educational |
| |||||||
| |||||||
1 | environment, including the child's home. | ||||||
2 | (d) An occupational therapist shall refer to a licensed | ||||||
3 | physician, dentist,
optometrist, advanced practice nurse, | ||||||
4 | physician assistant, or podiatric physician any patient whose | ||||||
5 | medical condition should, at the
time of evaluation or | ||||||
6 | treatment, be determined to be beyond the scope of
practice of | ||||||
7 | the occupational therapist.
| ||||||
8 | (Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13; | ||||||
9 | 98-756, eff. 7-16-14.)
| ||||||
10 | Section 60. The Orthotics, Prosthetics, and Pedorthics | ||||||
11 | Practice Act is amended by changing Section 57 as follows:
| ||||||
12 | (225 ILCS 84/57)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
14 | Sec. 57. Limitation on provision of care and services. A
| ||||||
15 | licensed orthotist, prosthetist, or pedorthist may provide | ||||||
16 | care or services only if the care
or services are provided | ||||||
17 | pursuant to an order from (i) a licensed physician, (ii) a | ||||||
18 | podiatric physician, (iii) an advanced practice nurse who has a | ||||||
19 | written collaborative agreement with a collaborating physician | ||||||
20 | or podiatric physician that specifically authorizes ordering | ||||||
21 | the services of an orthotist, prosthetist or pedorthist , or | ||||||
22 | (iv) an advanced practice nurse who practices in a hospital or | ||||||
23 | ambulatory surgical treatment center and possesses clinical | ||||||
24 | privileges to order services of an orthotist, prosthetist, or |
| |||||||
| |||||||
1 | pedorthist, or (v) a physician assistant who has been delegated | ||||||
2 | the authority to order the services of an orthotist, | ||||||
3 | prosthetist, or pedorthist by his or her supervising physician. | ||||||
4 | A licensed podiatric physician or advanced practice nurse | ||||||
5 | collaborating with a podiatric physician may only order care or | ||||||
6 | services concerning the foot from a licensed prosthetist.
| ||||||
7 | (Source: P.A. 98-214, eff. 8-9-13.)
| ||||||
8 | Section 65. The Pharmacy Practice Act is amended by | ||||||
9 | changing Section 4 as follows:
| ||||||
10 | (225 ILCS 85/4) (from Ch. 111, par. 4124)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
12 | Sec. 4. Exemptions. Nothing contained in any Section of | ||||||
13 | this Act shall
apply
to, or in any manner interfere with:
| ||||||
14 | (a) the lawful practice of any physician licensed to | ||||||
15 | practice medicine in
all of its branches, dentist, podiatric | ||||||
16 | physician,
veterinarian, or therapeutically or diagnostically | ||||||
17 | certified optometrist within
the limits of
his or her license, | ||||||
18 | or prevent him or her from
supplying to his
or her
bona fide | ||||||
19 | patients
such drugs, medicines, or poisons as may seem to him | ||||||
20 | appropriate;
| ||||||
21 | (b) the sale of compressed gases;
| ||||||
22 | (c) the sale of patent or proprietary medicines and | ||||||
23 | household remedies
when sold in original and unbroken packages | ||||||
24 | only, if such patent or
proprietary medicines and household |
| |||||||
| |||||||
1 | remedies be properly and adequately
labeled as to content and | ||||||
2 | usage and generally considered and accepted
as harmless and | ||||||
3 | nonpoisonous when used according to the directions
on the | ||||||
4 | label, and also do not contain opium or coca leaves, or any
| ||||||
5 | compound, salt or derivative thereof, or any drug which, | ||||||
6 | according
to the latest editions of the following authoritative | ||||||
7 | pharmaceutical
treatises and standards, namely, The United | ||||||
8 | States Pharmacopoeia/National
Formulary (USP/NF), the United | ||||||
9 | States Dispensatory, and the Accepted
Dental Remedies of the | ||||||
10 | Council of Dental Therapeutics of the American
Dental | ||||||
11 | Association or any or either of them, in use on the effective
| ||||||
12 | date of this Act, or according to the existing provisions of | ||||||
13 | the Federal
Food, Drug, and Cosmetic Act and Regulations of the | ||||||
14 | Department of Health
and Human Services, Food and Drug | ||||||
15 | Administration, promulgated thereunder
now in effect, is | ||||||
16 | designated, described or considered as a narcotic,
hypnotic, | ||||||
17 | habit forming, dangerous, or poisonous drug;
| ||||||
18 | (d) the sale of poultry and livestock remedies in original | ||||||
19 | and unbroken
packages only, labeled for poultry and livestock | ||||||
20 | medication;
| ||||||
21 | (e) the sale of poisonous substances or mixture of | ||||||
22 | poisonous substances,
in unbroken packages, for nonmedicinal | ||||||
23 | use in the arts or industries
or for insecticide purposes; | ||||||
24 | provided, they are properly and adequately
labeled as to | ||||||
25 | content and such nonmedicinal usage, in conformity
with the | ||||||
26 | provisions of all applicable federal, state and local laws
and |
| |||||||
| |||||||
1 | regulations promulgated thereunder now in effect relating | ||||||
2 | thereto
and governing the same, and those which are required | ||||||
3 | under such applicable
laws and regulations to be labeled with | ||||||
4 | the word "Poison", are also labeled
with the word "Poison" | ||||||
5 | printed
thereon in prominent type and the name of a readily | ||||||
6 | obtainable antidote
with directions for its administration;
| ||||||
7 | (f) the delegation of limited prescriptive authority by a | ||||||
8 | physician
licensed to
practice medicine in all its branches to | ||||||
9 | a physician assistant
under Section 7.5 of the Physician | ||||||
10 | Assistant Practice Act of 1987. This
delegated authority under | ||||||
11 | Section 7.5 of the Physician Assistant Practice Act of 1987 | ||||||
12 | may, but is not required to, include prescription of
controlled | ||||||
13 | substances, as defined in Article II of the
Illinois Controlled | ||||||
14 | Substances Act, in accordance with a written supervision | ||||||
15 | agreement; and
| ||||||
16 | (g) (blank). the delegation of prescriptive authority by a | ||||||
17 | physician
licensed to practice medicine in all its branches or | ||||||
18 | a licensed podiatric physician to an advanced practice
nurse in | ||||||
19 | accordance with a written collaborative
agreement under | ||||||
20 | Sections 65-35 and 65-40 of the Nurse Practice Act.
| ||||||
21 | (Source: P.A. 98-214, eff. 8-9-13.)
| ||||||
22 | Section 70. The Illinois Physical Therapy Act is amended by | ||||||
23 | changing Section 1 as follows:
| ||||||
24 | (225 ILCS 90/1) (from Ch. 111, par. 4251)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
2 | Sec. 1. Definitions. As used in this Act:
| ||||||
3 | (1) "Physical therapy" means all of the following: | ||||||
4 | (A) Examining, evaluating, and testing individuals who | ||||||
5 | may have mechanical, physiological, or developmental | ||||||
6 | impairments, functional limitations, disabilities, or | ||||||
7 | other health and movement-related conditions, classifying | ||||||
8 | these disorders, determining a rehabilitation prognosis | ||||||
9 | and plan of therapeutic intervention, and assessing the | ||||||
10 | on-going effects of the interventions. | ||||||
11 | (B) Alleviating impairments, functional limitations, | ||||||
12 | or disabilities by designing, implementing, and modifying | ||||||
13 | therapeutic interventions that may include, but are not | ||||||
14 | limited to, the evaluation or treatment of a person through | ||||||
15 | the use of the effective properties of physical measures | ||||||
16 | and heat, cold, light, water, radiant energy, electricity, | ||||||
17 | sound, and air and use of therapeutic massage, therapeutic | ||||||
18 | exercise, mobilization, and rehabilitative procedures, | ||||||
19 | with or without assistive devices, for the purposes of | ||||||
20 | preventing, correcting, or alleviating a physical or | ||||||
21 | mental impairment, functional limitation, or disability. | ||||||
22 | (C) Reducing the risk of injury, impairment, | ||||||
23 | functional limitation, or disability, including the | ||||||
24 | promotion and maintenance of fitness, health, and | ||||||
25 | wellness. | ||||||
26 | (D) Engaging in administration, consultation, |
| |||||||
| |||||||
1 | education, and research.
| ||||||
2 | Physical therapy
includes, but is not limited to: (a) | ||||||
3 | performance
of specialized tests and measurements, (b) | ||||||
4 | administration of specialized
treatment procedures, (c) | ||||||
5 | interpretation of referrals from physicians, dentists, | ||||||
6 | advanced practice nurses, physician assistants,
and podiatric | ||||||
7 | physicians, (d) establishment, and modification of physical | ||||||
8 | therapy
treatment programs, (e) administration of topical | ||||||
9 | medication used in generally
accepted physical therapy | ||||||
10 | procedures when such medication is prescribed
by the patient's | ||||||
11 | physician, licensed to practice medicine in all its branches,
| ||||||
12 | the patient's physician licensed to practice podiatric | ||||||
13 | medicine, the patient's advanced practice nurse, the patient's | ||||||
14 | physician assistant, or the
patient's dentist, and (f) | ||||||
15 | supervision or teaching of physical therapy.
Physical therapy | ||||||
16 | does not include radiology, electrosurgery, chiropractic
| ||||||
17 | technique or determination of a differential
diagnosis; | ||||||
18 | provided, however,
the limitation on determining a | ||||||
19 | differential diagnosis shall not in any
manner limit a physical | ||||||
20 | therapist licensed under this Act from performing
an evaluation | ||||||
21 | pursuant to such license. Nothing in this Section shall limit
a | ||||||
22 | physical therapist from employing appropriate physical therapy | ||||||
23 | techniques
that he or she is educated and licensed to perform. | ||||||
24 | A physical therapist
shall refer to a licensed physician, | ||||||
25 | advanced practice nurse, physician assistant, dentist, or | ||||||
26 | podiatric physician any patient
whose medical condition |
| |||||||
| |||||||
1 | should, at the time of evaluation or treatment, be
determined | ||||||
2 | to be beyond the scope of practice of the physical therapist.
| ||||||
3 | (2) "Physical therapist" means a person who practices | ||||||
4 | physical therapy
and who has met all requirements as provided | ||||||
5 | in this Act.
| ||||||
6 | (3) "Department" means the Department of Professional | ||||||
7 | Regulation.
| ||||||
8 | (4) "Director" means the Director of Professional | ||||||
9 | Regulation.
| ||||||
10 | (5) "Board" means the Physical Therapy Licensing and | ||||||
11 | Disciplinary Board approved
by the Director.
| ||||||
12 | (6) "Referral" means a written or oral authorization for | ||||||
13 | physical therapy services for a patient by a physician, | ||||||
14 | dentist, advanced practice nurse, physician assistant, or | ||||||
15 | podiatric physician who maintains medical supervision of the | ||||||
16 | patient and makes a diagnosis or verifies that the patient's | ||||||
17 | condition is such that it may be treated by a physical | ||||||
18 | therapist.
| ||||||
19 | (7) "Documented current and relevant diagnosis" for the | ||||||
20 | purpose of
this Act means a diagnosis, substantiated by | ||||||
21 | signature or oral verification
of a physician, dentist, | ||||||
22 | advanced practice nurse, physician assistant, or podiatric | ||||||
23 | physician, that a patient's condition is such
that it may be | ||||||
24 | treated by physical therapy as defined in this Act, which
| ||||||
25 | diagnosis shall remain in effect until changed by the | ||||||
26 | physician, dentist, advanced practice nurse, physician |
| |||||||
| |||||||
1 | assistant,
or podiatric physician.
| ||||||
2 | (8) "State" includes:
| ||||||
3 | (a) the states of the United States of America;
| ||||||
4 | (b) the District of Columbia; and
| ||||||
5 | (c) the Commonwealth of Puerto Rico.
| ||||||
6 | (9) "Physical therapist assistant" means a person licensed | ||||||
7 | to assist a
physical therapist and who has met all requirements | ||||||
8 | as provided in this Act
and who works under the supervision of | ||||||
9 | a licensed physical therapist to assist
in implementing the | ||||||
10 | physical therapy treatment program as established by the
| ||||||
11 | licensed physical therapist. The patient care activities | ||||||
12 | provided by the
physical therapist assistant shall not include | ||||||
13 | the interpretation of referrals,
evaluation procedures, or the | ||||||
14 | planning or major modification of patient programs.
| ||||||
15 | (10) "Physical therapy aide" means a person who has | ||||||
16 | received on
the job training, specific to the facility in which | ||||||
17 | he is employed, but who
has not completed an approved physical | ||||||
18 | therapist assistant program.
| ||||||
19 | (11) "Advanced practice nurse" means a person licensed as | ||||||
20 | an advanced practice nurse under the Nurse Practice Act who has | ||||||
21 | a collaborative agreement with a collaborating physician that | ||||||
22 | authorizes referrals to physical therapists . | ||||||
23 | (12) "Physician assistant" means a person licensed under | ||||||
24 | the Physician Assistant Practice Act of 1987 who has been | ||||||
25 | delegated authority to make referrals to physical therapists.
| ||||||
26 | (Source: P.A. 98-214, eff. 8-9-13.)
|
| |||||||
| |||||||
1 | Section 75. The Respiratory Care Practice Act is amended by | ||||||
2 | changing Section 10 as follows:
| ||||||
3 | (225 ILCS 106/10)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
5 | Sec. 10. Definitions. In this Act:
| ||||||
6 | "Advanced practice nurse" means an advanced practice nurse | ||||||
7 | licensed under the Nurse Practice Act.
| ||||||
8 | "Board" means the Respiratory Care Board appointed by the | ||||||
9 | Director. | ||||||
10 | "Basic respiratory care activities" means and includes all | ||||||
11 | of the following activities: | ||||||
12 | (1) Cleaning, disinfecting, and sterilizing equipment | ||||||
13 | used in the practice of respiratory care as delegated by a | ||||||
14 | licensed health care professional or other authorized | ||||||
15 | licensed personnel. | ||||||
16 | (2) Assembling equipment used in the practice of | ||||||
17 | respiratory care as delegated by a licensed health care | ||||||
18 | professional or other authorized licensed personnel. | ||||||
19 | (3) Collecting and reviewing patient data through | ||||||
20 | non-invasive means, provided that the collection and | ||||||
21 | review does not include the individual's interpretation of | ||||||
22 | the clinical significance of the data. Collecting and | ||||||
23 | reviewing patient data includes the performance of pulse | ||||||
24 | oximetry and non-invasive monitoring procedures in order |
| |||||||
| |||||||
1 | to obtain vital signs and notification to licensed health | ||||||
2 | care professionals and other authorized licensed personnel | ||||||
3 | in a timely manner. | ||||||
4 | (4) Maintaining a nasal cannula or face mask for oxygen | ||||||
5 | therapy in the proper position on the patient's face. | ||||||
6 | (5) Assembling a nasal cannula or face mask for oxygen | ||||||
7 | therapy at patient bedside in preparation for use. | ||||||
8 | (6) Maintaining a patient's natural airway by | ||||||
9 | physically manipulating the jaw and neck, suctioning the | ||||||
10 | oral cavity, or suctioning the mouth or nose with a bulb | ||||||
11 | syringe. | ||||||
12 | (7) Performing assisted ventilation during emergency | ||||||
13 | resuscitation using a manual resuscitator. | ||||||
14 | (8) Using a manual resuscitator at the direction of a | ||||||
15 | licensed health care professional or other authorized | ||||||
16 | licensed personnel who is present and performing routine | ||||||
17 | airway suctioning. These activities do not include care of | ||||||
18 | a patient's artificial airway or the adjustment of | ||||||
19 | mechanical ventilator settings while a patient is | ||||||
20 | connected to the ventilator.
| ||||||
21 | "Basic respiratory care activities" does not mean activities | ||||||
22 | that involve any of the following:
| ||||||
23 | (1) Specialized knowledge that results from a course of | ||||||
24 | education or training in respiratory care. | ||||||
25 | (2) An unreasonable risk of a negative outcome for the | ||||||
26 | patient. |
| |||||||
| |||||||
1 | (3) The assessment or making of a decision concerning | ||||||
2 | patient care. | ||||||
3 | (4) The administration of aerosol medication or | ||||||
4 | oxygen. | ||||||
5 | (5) The insertion and maintenance of an artificial | ||||||
6 | airway. | ||||||
7 | (6) Mechanical ventilatory support. | ||||||
8 | (7) Patient assessment. | ||||||
9 | (8) Patient education.
| ||||||
10 | "Department" means the Department of Professional | ||||||
11 | Regulation.
| ||||||
12 | "Director" means the Director of
Professional Regulation.
| ||||||
13 | "Licensed" means that which is required to hold oneself
out | ||||||
14 | as
a respiratory care
practitioner as defined in this Act.
| ||||||
15 | "Licensed health care professional" means a physician | ||||||
16 | licensed to practice medicine in all its branches, an advanced | ||||||
17 | practice nurse who has a written collaborative agreement with a | ||||||
18 | collaborating physician that authorizes the advanced practice | ||||||
19 | nurse to transmit orders to a respiratory care practitioner , or | ||||||
20 | a physician assistant who has been delegated the authority to | ||||||
21 | transmit orders to a respiratory care practitioner by his or | ||||||
22 | her supervising physician.
| ||||||
23 | "Order" means a written, oral, or telecommunicated | ||||||
24 | authorization for respiratory care services for a patient by | ||||||
25 | (i) a licensed health care professional who maintains medical | ||||||
26 | supervision of the patient and makes a diagnosis or verifies |
| |||||||
| |||||||
1 | that the patient's condition is such that it may be treated by | ||||||
2 | a respiratory care practitioner or (ii) a certified registered | ||||||
3 | nurse anesthetist in a licensed hospital or ambulatory surgical | ||||||
4 | treatment center.
| ||||||
5 | "Other authorized licensed personnel" means a licensed | ||||||
6 | respiratory care practitioner, a licensed registered nurse, or | ||||||
7 | a licensed practical nurse whose scope of practice authorizes | ||||||
8 | the professional to supervise an individual who is not | ||||||
9 | licensed, certified, or registered as a health professional. | ||||||
10 | "Proximate supervision" means a situation in which an | ||||||
11 | individual is
responsible for directing the actions of another | ||||||
12 | individual in the facility and is physically close enough to be | ||||||
13 | readily available, if needed, by the supervised individual.
| ||||||
14 | "Respiratory care" and "cardiorespiratory care"
mean | ||||||
15 | preventative services, evaluation and assessment services, | ||||||
16 | therapeutic services, and rehabilitative services under the | ||||||
17 | order of a licensed health care professional or a certified | ||||||
18 | registered nurse anesthetist in a licensed hospital for an | ||||||
19 | individual with a disorder, disease, or abnormality of the | ||||||
20 | cardiopulmonary system. These terms include, but are not | ||||||
21 | limited to, measuring, observing, assessing, and monitoring | ||||||
22 | signs and symptoms, reactions, general behavior, and general | ||||||
23 | physical response of individuals to respiratory care services, | ||||||
24 | including the determination of whether those signs, symptoms, | ||||||
25 | reactions, behaviors, or general physical responses exhibit | ||||||
26 | abnormal characteristics; the administration of |
| |||||||
| |||||||
1 | pharmacological and therapeutic agents related to respiratory | ||||||
2 | care services; the collection of blood specimens and other | ||||||
3 | bodily fluids and tissues for, and the performance of, | ||||||
4 | cardiopulmonary diagnostic testing procedures, including, but | ||||||
5 | not limited to, blood gas analysis; development, | ||||||
6 | implementation, and modification of respiratory care treatment | ||||||
7 | plans based on assessed abnormalities of the cardiopulmonary | ||||||
8 | system, respiratory care guidelines, referrals, and orders of a | ||||||
9 | licensed health care professional; application, operation, and | ||||||
10 | management of mechanical ventilatory support and other means of | ||||||
11 | life support; and the initiation of emergency procedures under | ||||||
12 | the rules promulgated by the Department. A respiratory care | ||||||
13 | practitioner shall refer to a physician licensed to practice | ||||||
14 | medicine in all its branches any patient whose condition, at | ||||||
15 | the time of evaluation or treatment, is determined to be beyond | ||||||
16 | the scope of practice of the respiratory care practitioner.
| ||||||
17 | "Respiratory care education program" means a course of | ||||||
18 | academic study leading
to eligibility for registry or | ||||||
19 | certification in respiratory care. The training
is to be | ||||||
20 | approved by an accrediting agency recognized by the Board and | ||||||
21 | shall
include an evaluation of competence through a | ||||||
22 | standardized testing mechanism
that is determined by the Board | ||||||
23 | to be both valid and reliable.
| ||||||
24 | "Respiratory care practitioner" means a person who is | ||||||
25 | licensed by the
Department of Professional Regulation and meets | ||||||
26 | all of the following
criteria:
|
| |||||||
| |||||||
1 | (1) The person is engaged in the practice of | ||||||
2 | cardiorespiratory care and
has the knowledge and skill | ||||||
3 | necessary to administer respiratory care.
| ||||||
4 | (2) The person is capable of serving as a resource to | ||||||
5 | the
licensed
health care professional in
relation to the | ||||||
6 | technical aspects of cardiorespiratory care and the safe | ||||||
7 | and
effective methods for administering cardiorespiratory | ||||||
8 | care modalities.
| ||||||
9 | (3) The person is able to function in situations of | ||||||
10 | unsupervised patient
contact requiring great individual | ||||||
11 | judgment.
| ||||||
12 | (Source: P.A. 94-523, eff. 1-1-06; 95-639, eff. 10-5-07.)
| ||||||
13 | Section 80. The Genetic Counselor Licensing Act is amended | ||||||
14 | by changing Sections 10, 20, and 95 as follows: | ||||||
15 | (225 ILCS 135/10) | ||||||
16 | (Section scheduled to be repealed on January 1, 2025) | ||||||
17 | Sec. 10. Definitions. As used in this Act: | ||||||
18 | "ABGC" means the American Board of Genetic Counseling. | ||||||
19 | "ABMG" means the American Board of Medical Genetics. | ||||||
20 | "Active candidate status" is awarded to applicants who have | ||||||
21 | received approval from the ABGC or ABMG to sit for their | ||||||
22 | respective certification examinations.
| ||||||
23 | "Address of record" means the designated address recorded | ||||||
24 | by the Department in the applicant's or licensee's application |
| |||||||
| |||||||
1 | file or license file as maintained by the Department's | ||||||
2 | licensure maintenance unit. It is the duty of the applicant or | ||||||
3 | licensee to inform the Department of any change of address, and | ||||||
4 | those changes must be made either through the Department's | ||||||
5 | website or by contacting the Department. | ||||||
6 | "Department" means the Department of Financial and | ||||||
7 | Professional Regulation. | ||||||
8 | "Genetic anomaly" means a variation in an individual's DNA | ||||||
9 | that has been shown to confer a genetically influenced disease | ||||||
10 | or predisposition to a genetically influenced disease or makes | ||||||
11 | a person a carrier of such variation. A "carrier" of a genetic | ||||||
12 | anomaly means a person who may or may not have a predisposition | ||||||
13 | or risk of incurring a genetically influenced condition and who | ||||||
14 | is at risk of having offspring with a genetically influenced | ||||||
15 | condition.
| ||||||
16 | "Genetic counseling" means the provision of services, | ||||||
17 | which may include the ordering of genetic tests, pursuant to a | ||||||
18 | referral, to individuals, couples, groups, families, and | ||||||
19 | organizations by one or more appropriately trained individuals | ||||||
20 | to address the physical and psychological issues associated | ||||||
21 | with the occurrence or risk of occurrence or recurrence of a | ||||||
22 | genetic disorder, birth defect, disease, or potentially | ||||||
23 | inherited or genetically influenced condition in an individual | ||||||
24 | or a family.
"Genetic counseling" consists of the following: | ||||||
25 | (A) Estimating the likelihood of occurrence or | ||||||
26 | recurrence of a birth defect or of any potentially |
| |||||||
| |||||||
1 | inherited or genetically influenced condition. This | ||||||
2 | assessment may involve: | ||||||
3 | (i) obtaining and analyzing a complete health | ||||||
4 | history of the person and his or her family; | ||||||
5 | (ii) reviewing pertinent medical records; | ||||||
6 | (iii) evaluating the risks from exposure to | ||||||
7 | possible mutagens or teratogens; | ||||||
8 | (iv) recommending genetic testing or other | ||||||
9 | evaluations to diagnose a condition or determine the | ||||||
10 | carrier status of one or more family members; | ||||||
11 | (B) Helping the individual, family, health care | ||||||
12 | provider, or health care professional
(i) appreciate the | ||||||
13 | medical, psychological and social implications of a | ||||||
14 | disorder, including its features, variability, usual | ||||||
15 | course and management options, (ii) learn how genetic | ||||||
16 | factors contribute to the disorder and affect the chance | ||||||
17 | for recurrence of the condition in other family members, | ||||||
18 | and (iii) understand available options for coping with, | ||||||
19 | preventing, or reducing the chance of
occurrence or | ||||||
20 | recurrence of a condition.
| ||||||
21 | (C) Facilitating an individual's or family's
(i) | ||||||
22 | exploration of the perception of risk and burden associated | ||||||
23 | with the disorder and (ii) adjustment and adaptation to the | ||||||
24 | condition or their genetic risk by addressing needs for
| ||||||
25 | psychological, social, and medical support.
| ||||||
26 | "Genetic counselor" means a person licensed under this Act |
| |||||||
| |||||||
1 | to engage in the practice of genetic counseling. | ||||||
2 | "Genetic testing" and "genetic test" mean a test or | ||||||
3 | analysis of human genes, gene products, DNA, RNA, chromosomes, | ||||||
4 | proteins, or metabolites that detects genotypes, mutations, | ||||||
5 | chromosomal changes, abnormalities, or deficiencies, including | ||||||
6 | carrier status, that (i) are linked to physical or mental | ||||||
7 | disorders or impairments, (ii) indicate a susceptibility to | ||||||
8 | illness, disease, impairment, or other disorders, whether | ||||||
9 | physical or mental, or (iii) demonstrate genetic or chromosomal | ||||||
10 | damage due to environmental factors. "Genetic testing" and | ||||||
11 | "genetic tests" do not include routine physical measurements; | ||||||
12 | chemical, blood and urine analyses that are widely accepted and | ||||||
13 | in use in clinical practice; tests for use of drugs; tests for | ||||||
14 | the presence of the human immunodeficiency virus; analyses of | ||||||
15 | proteins or metabolites that do not detect genotypes, | ||||||
16 | mutations, chromosomal changes, abnormalities, or | ||||||
17 | deficiencies; or analyses of proteins or metabolites that are | ||||||
18 | directly related to a manifested disease, disorder, or | ||||||
19 | pathological condition that could reasonably be detected by a | ||||||
20 | health care professional with appropriate training and | ||||||
21 | expertise in the field of medicine involved. | ||||||
22 | "Person" means an individual, association, partnership, or | ||||||
23 | corporation. | ||||||
24 | "Qualified supervisor" means any person who is a licensed | ||||||
25 | genetic counselor, as defined by rule, or a physician licensed | ||||||
26 | to practice medicine in all its branches. A qualified |
| |||||||
| |||||||
1 | supervisor may be provided at the applicant's place of work, or | ||||||
2 | may be contracted by the applicant to provide supervision. The | ||||||
3 | qualified supervisor shall file written documentation with
the | ||||||
4 | Department of employment, discharge, or supervisory control of | ||||||
5 | a genetic counselor at the time of employment, discharge, or | ||||||
6 | assumption of supervision of a genetic counselor. | ||||||
7 | "Referral" means a written or telecommunicated | ||||||
8 | authorization for genetic counseling services from a physician | ||||||
9 | licensed to practice medicine in all its branches, an advanced | ||||||
10 | practice nurse who has a collaborative agreement with a | ||||||
11 | collaborating physician that authorizes referrals to a genetic | ||||||
12 | counselor , or a physician assistant who has a supervision | ||||||
13 | agreement with a supervising physician that authorizes | ||||||
14 | referrals to a genetic counselor.
| ||||||
15 | "Secretary" means the Secretary of Financial and | ||||||
16 | Professional Regulation. | ||||||
17 | "Supervision" means review of aspects of genetic | ||||||
18 | counseling and case management in a bimonthly meeting with the | ||||||
19 | person under supervision.
| ||||||
20 | (Source: P.A. 98-813, eff. 1-1-15 .) | ||||||
21 | (225 ILCS 135/20) | ||||||
22 | (Section scheduled to be repealed on January 1, 2025) | ||||||
23 | Sec. 20. Restrictions and limitations.
| ||||||
24 | (a) Except as provided in Section 15, no person shall, | ||||||
25 | without a valid license as a genetic counselor issued by the |
| |||||||
| |||||||
1 | Department (i) in any manner hold himself or herself out to the | ||||||
2 | public as a genetic counselor under this Act; (ii) use in | ||||||
3 | connection with his or her name or place of business the title | ||||||
4 | "genetic counselor", "licensed genetic counselor", "gene | ||||||
5 | counselor", "genetic consultant", or "genetic associate" or | ||||||
6 | any words, letters, abbreviations, or insignia indicating or | ||||||
7 | implying a person has met the qualifications for or has the | ||||||
8 | license issued under this Act; or (iii) offer to render or | ||||||
9 | render to individuals, corporations, or the public genetic | ||||||
10 | counseling services if the words "genetic counselor" or | ||||||
11 | "licensed genetic counselor" are used to describe the person | ||||||
12 | offering to render or rendering them, or "genetic counseling" | ||||||
13 | is used to describe the services rendered or offered to be | ||||||
14 | rendered.
| ||||||
15 | (b) No licensed genetic counselor may provide genetic | ||||||
16 | counseling to individuals, couples, groups, or families | ||||||
17 | without a referral from a physician licensed to practice | ||||||
18 | medicine in all its branches, an advanced practice nurse who | ||||||
19 | has a collaborative agreement with a collaborating physician | ||||||
20 | that authorizes referrals to a genetic counselor , or a | ||||||
21 | physician assistant who has been delegated authority to make | ||||||
22 | referrals to genetic counselors. The physician, advanced | ||||||
23 | practice nurse, or physician assistant shall maintain | ||||||
24 | supervision of the patient and be provided timely written | ||||||
25 | reports on the services, including genetic testing results, | ||||||
26 | provided by the licensed genetic counselor. Genetic testing |
| |||||||
| |||||||
1 | shall be ordered by a physician licensed to practice medicine | ||||||
2 | in all its branches or a genetic counselor pursuant to a | ||||||
3 | referral that gives the specific authority to order genetic | ||||||
4 | tests. Genetic test results and reports shall be provided to | ||||||
5 | the referring physician, advanced practice nurse, or physician | ||||||
6 | assistant. General seminars or talks to groups or organizations | ||||||
7 | on genetic counseling that do not include individual, couple, | ||||||
8 | or family specific counseling may be conducted without a | ||||||
9 | referral. In clinical settings, genetic counselors who serve as | ||||||
10 | a liaison between family members of a patient and a genetic | ||||||
11 | research project, may, with the consent of the patient, provide | ||||||
12 | information to family members for the purpose of gathering | ||||||
13 | additional information, as it relates to the patient, without a | ||||||
14 | referral. In non-clinical settings where no patient is being | ||||||
15 | treated, genetic counselors who serve as a liaison between a | ||||||
16 | genetic research project and participants in that genetic | ||||||
17 | research project may provide information to the participants, | ||||||
18 | without a referral.
| ||||||
19 | (c) No association or partnership shall practice genetic | ||||||
20 | counseling unless every member, partner, and employee of the | ||||||
21 | association or partnership who practices genetic counseling or | ||||||
22 | who renders genetic counseling services holds a valid license | ||||||
23 | issued under this Act. No license shall be issued to a | ||||||
24 | corporation, the stated purpose of which includes or which | ||||||
25 | practices or which holds itself out as available to practice | ||||||
26 | genetic counseling, unless it is organized under the |
| |||||||
| |||||||
1 | Professional Service Corporation Act.
| ||||||
2 | (d) Nothing in this Act shall be construed as permitting | ||||||
3 | persons licensed as genetic counselors to engage in any manner | ||||||
4 | in the practice of medicine in all its branches as defined by | ||||||
5 | law in this State.
| ||||||
6 | (e) Nothing in this Act shall be construed to authorize a | ||||||
7 | licensed genetic counselor to diagnose, test (unless | ||||||
8 | authorized in a referral), or treat any genetic or other | ||||||
9 | disease or condition. | ||||||
10 | (f) When, in the course of providing genetic counseling | ||||||
11 | services to any person, a genetic counselor licensed under this | ||||||
12 | Act finds any indication of a disease or condition that in his | ||||||
13 | or her professional judgment requires professional service | ||||||
14 | outside the scope of practice as defined in this Act, he or she | ||||||
15 | shall refer that person to a physician licensed to practice | ||||||
16 | medicine in all of its branches.
| ||||||
17 | (Source: P.A. 98-813, eff. 1-1-15 .) | ||||||
18 | (225 ILCS 135/95) | ||||||
19 | (Section scheduled to be repealed on January 1, 2025) | ||||||
20 | Sec. 95. Grounds for discipline.
| ||||||
21 | (a) The Department may refuse to issue, renew, or may | ||||||
22 | revoke, suspend, place on probation, reprimand, or take other | ||||||
23 | disciplinary or non-disciplinary action as the Department | ||||||
24 | deems appropriate, including the issuance of fines not to | ||||||
25 | exceed $10,000 for each violation, with regard to any license |
| |||||||
| |||||||
1 | for any one or more of the following: | ||||||
2 | (1) Material misstatement in furnishing information to | ||||||
3 | the Department or to any other State agency.
| ||||||
4 | (2) Violations or negligent or intentional disregard | ||||||
5 | of this Act, or any of its rules.
| ||||||
6 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
7 | finding of guilt, jury verdict, or entry of judgment or | ||||||
8 | sentencing, including, but not limited to, convictions, | ||||||
9 | preceding sentences of supervision, conditional discharge, | ||||||
10 | or first offender probation, under the laws of any | ||||||
11 | jurisdiction of the United States: (i) that is a felony or | ||||||
12 | (ii) that is a misdemeanor, an essential element of which | ||||||
13 | is dishonesty, or that is directly related to the practice | ||||||
14 | of genetic counseling.
| ||||||
15 | (4) Making any misrepresentation for the purpose of | ||||||
16 | obtaining a license, or violating any provision of this Act | ||||||
17 | or its rules. | ||||||
18 | (5) Negligence in the rendering of genetic counseling | ||||||
19 | services.
| ||||||
20 | (6) Failure to provide genetic testing results and any | ||||||
21 | requested information to a referring physician licensed to | ||||||
22 | practice medicine in all its branches, advanced practice | ||||||
23 | nurse, or physician assistant.
| ||||||
24 | (7) Aiding or assisting another person in violating any | ||||||
25 | provision of this Act or any rules.
| ||||||
26 | (8) Failing to provide information within 60 days in |
| |||||||
| |||||||
1 | response to a written request made by the Department.
| ||||||
2 | (9) Engaging in dishonorable, unethical, or | ||||||
3 | unprofessional conduct of a character likely to deceive, | ||||||
4 | defraud, or harm the public and violating the rules of | ||||||
5 | professional conduct adopted by the Department.
| ||||||
6 | (10) Failing to maintain the confidentiality of any | ||||||
7 | information received from a client, unless otherwise | ||||||
8 | authorized or required by law.
| ||||||
9 | (10.5) Failure to maintain client records of services | ||||||
10 | provided and provide copies to clients upon request. | ||||||
11 | (11) Exploiting a client for personal advantage, | ||||||
12 | profit, or interest.
| ||||||
13 | (12) Habitual or excessive use or addiction to alcohol, | ||||||
14 | narcotics, stimulants, or any other chemical agent or drug | ||||||
15 | which results in inability to practice with reasonable | ||||||
16 | skill, judgment, or safety.
| ||||||
17 | (13) Discipline by another governmental agency or unit | ||||||
18 | of government, by any jurisdiction of the United States, or | ||||||
19 | by a foreign nation, if at least one of the grounds for the | ||||||
20 | discipline is the same or substantially equivalent to those | ||||||
21 | set forth in this Section.
| ||||||
22 | (14) Directly or indirectly giving to or receiving from | ||||||
23 | any person, firm, corporation, partnership, or association | ||||||
24 | any fee, commission, rebate, or other form of compensation | ||||||
25 | for any professional service not actually rendered. | ||||||
26 | Nothing in this paragraph (14) affects any bona fide |
| |||||||
| |||||||
1 | independent contractor or employment arrangements among | ||||||
2 | health care professionals, health facilities, health care | ||||||
3 | providers, or other entities, except as otherwise | ||||||
4 | prohibited by law. Any employment arrangements may include | ||||||
5 | provisions for compensation, health insurance, pension, or | ||||||
6 | other employment benefits for the provision of services | ||||||
7 | within the scope of the licensee's practice under this Act. | ||||||
8 | Nothing in this paragraph (14) shall be construed to | ||||||
9 | require an employment arrangement to receive professional | ||||||
10 | fees for services rendered. | ||||||
11 | (15) A finding by the Department that the licensee, | ||||||
12 | after having the license placed on probationary status has | ||||||
13 | violated the terms of probation.
| ||||||
14 | (16) Failing to refer a client to other health care | ||||||
15 | professionals when the licensee is unable or unwilling to | ||||||
16 | adequately support or serve the client.
| ||||||
17 | (17) Willfully filing false reports relating to a | ||||||
18 | licensee's practice, including but not limited to false | ||||||
19 | records filed with federal or State agencies or | ||||||
20 | departments.
| ||||||
21 | (18) Willfully failing to report an instance of | ||||||
22 | suspected child abuse or neglect as required by the Abused | ||||||
23 | and Neglected Child Reporting Act.
| ||||||
24 | (19) Being named as a perpetrator in an indicated | ||||||
25 | report by the Department of Children and Family Services | ||||||
26 | pursuant to the Abused and Neglected Child Reporting Act, |
| |||||||
| |||||||
1 | and upon proof by clear and convincing evidence that the | ||||||
2 | licensee has caused a child to be an abused child or | ||||||
3 | neglected child as defined in the Abused and Neglected | ||||||
4 | Child Reporting Act.
| ||||||
5 | (20) Physical or mental disability, including | ||||||
6 | deterioration through the aging process or loss of | ||||||
7 | abilities and skills which results in the inability to | ||||||
8 | practice the profession with reasonable judgment, skill, | ||||||
9 | or safety.
| ||||||
10 | (21) Solicitation of professional services by using | ||||||
11 | false or misleading advertising.
| ||||||
12 | (22) Failure to file a return, or to pay the tax, | ||||||
13 | penalty of interest shown in a filed return, or to pay any | ||||||
14 | final assessment of tax, penalty or interest, as required | ||||||
15 | by any tax Act administered by the Illinois Department of | ||||||
16 | Revenue or any successor agency or the Internal Revenue | ||||||
17 | Service or any successor agency.
| ||||||
18 | (23) Fraud or making any misrepresentation in applying | ||||||
19 | for or procuring a license under this Act or in connection | ||||||
20 | with applying for renewal of a license under this Act.
| ||||||
21 | (24) Practicing or attempting to practice under a name | ||||||
22 | other than the full name as shown on the license or any | ||||||
23 | other legally authorized name.
| ||||||
24 | (25) Gross overcharging for professional services, | ||||||
25 | including filing statements for collection of fees or | ||||||
26 | monies for which services are not rendered.
|
| |||||||
| |||||||
1 | (26) Providing genetic counseling services to | ||||||
2 | individuals, couples, groups, or families without a | ||||||
3 | referral from either a physician licensed to practice | ||||||
4 | medicine in all its branches, an advanced practice nurse | ||||||
5 | who has a collaborative agreement with a collaborating | ||||||
6 | physician that authorizes the advanced practice nurse to | ||||||
7 | make referrals to a genetic counselor , or a physician | ||||||
8 | assistant who has been delegated authority to make | ||||||
9 | referrals to genetic counselors.
| ||||||
10 | (27) Charging for professional services not rendered, | ||||||
11 | including filing false statements for the collection of | ||||||
12 | fees for which services are not rendered. | ||||||
13 | (28) Allowing one's license under this Act to be used | ||||||
14 | by an unlicensed person in violation of this Act. | ||||||
15 | (b) The Department shall deny, without hearing, any | ||||||
16 | application or renewal for a license under this Act to any | ||||||
17 | person who has defaulted on an educational loan guaranteed by | ||||||
18 | the Illinois State Assistance Commission; however, the | ||||||
19 | Department may issue a license or renewal if the person in | ||||||
20 | default has established a satisfactory repayment record as | ||||||
21 | determined by the Illinois Student Assistance Commission.
| ||||||
22 | (c) The determination by a court that a licensee is subject | ||||||
23 | to involuntary admission or judicial admission as provided in | ||||||
24 | the Mental Health and Developmental Disabilities Code will | ||||||
25 | result in an automatic suspension of his or her license. The | ||||||
26 | suspension will end upon a finding by a court that the licensee |
| |||||||
| |||||||
1 | is no longer subject to involuntary admission or judicial | ||||||
2 | admission, the issuance of an order so finding and discharging | ||||||
3 | the patient, and the determination of the Secretary that the | ||||||
4 | licensee be allowed to resume professional practice. | ||||||
5 | (d) The Department may refuse to issue or renew or may | ||||||
6 | suspend without hearing the license of any person who fails to | ||||||
7 | file a return, to pay the tax penalty or interest shown in a | ||||||
8 | filed return, or to pay any final assessment of the tax, | ||||||
9 | penalty, or interest as required by any Act regarding the | ||||||
10 | payment of taxes administered by the Illinois Department of | ||||||
11 | Revenue until the requirements of the Act are satisfied in | ||||||
12 | accordance with subsection (g) of Section 2105-15 of the Civil | ||||||
13 | Administrative Code of Illinois. | ||||||
14 | (e) In cases where the Department of Healthcare and Family | ||||||
15 | Services has previously determined that a licensee or a | ||||||
16 | potential licensee is more than 30 days delinquent in the | ||||||
17 | payment of child support and has subsequently certified the | ||||||
18 | delinquency to the Department, the Department may refuse to | ||||||
19 | issue or renew or may revoke or suspend that person's license | ||||||
20 | or may take other disciplinary action against that person based | ||||||
21 | solely upon the certification of delinquency made by the | ||||||
22 | Department of Healthcare and Family Services in accordance with | ||||||
23 | item (5) of subsection (a) of Section 2105-15 of the Department | ||||||
24 | of Professional Regulation Law of the Civil Administrative Code | ||||||
25 | of Illinois. | ||||||
26 | (f) All fines or costs imposed under this Section shall be |
| |||||||
| |||||||
1 | paid within 60 days after the effective date of the order | ||||||
2 | imposing the fine or costs or in accordance with the terms set | ||||||
3 | forth in the order imposing the fine.
| ||||||
4 | (Source: P.A. 97-813, eff. 7-13-12; 98-813, eff. 1-1-15 .) | ||||||
5 | Section 85. The Perinatal Mental Health Disorders | ||||||
6 | Prevention and Treatment Act is amended by changing Section 10 | ||||||
7 | as follows: | ||||||
8 | (405 ILCS 95/10)
| ||||||
9 | Sec. 10. Definitions. In this Act: | ||||||
10 | "Hospital" has the meaning given to that term in the | ||||||
11 | Hospital Licensing Act. | ||||||
12 | "Licensed health care professional" means a physician | ||||||
13 | licensed to practice medicine in all its branches, an advanced | ||||||
14 | practice nurse who has a collaborative agreement with a | ||||||
15 | collaborating physician that authorizes care , or a physician's | ||||||
16 | assistant who has been delegated authority to provide care. | ||||||
17 | "Postnatal care" means an office visit to a licensed health | ||||||
18 | care professional occurring after birth, with reference to the | ||||||
19 | infant or mother. | ||||||
20 | "Prenatal care" means an office visit to a licensed health | ||||||
21 | care professional for pregnancy-related care occurring before | ||||||
22 | birth. | ||||||
23 | "Questionnaire" means an assessment tool administered by a | ||||||
24 | licensed health care professional to detect perinatal mental |
| |||||||
| |||||||
1 | health disorders, such as the Edinburgh Postnatal Depression | ||||||
2 | Scale, the Postpartum Depression Screening Scale, the Beck | ||||||
3 | Depression Inventory, the Patient Health Questionnaire, or | ||||||
4 | other validated assessment methods.
| ||||||
5 | (Source: P.A. 95-469, eff. 1-1-08.) | ||||||
6 | Section 90. The Lead Poisoning Prevention Act is amended by | ||||||
7 | changing Section 6.2 as follows:
| ||||||
8 | (410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
| ||||||
9 | Sec. 6.2. Testing children and pregnant persons.
| ||||||
10 | (a) Any physician licensed to practice medicine in all its | ||||||
11 | branches or health care provider who sees or treats children 6 | ||||||
12 | years
of age or younger shall test those children for
lead | ||||||
13 | poisoning when those children reside in an area defined as high | ||||||
14 | risk
by the Department. Children residing in areas defined as | ||||||
15 | low risk by the
Department shall be evaluated for risk by the | ||||||
16 | Childhood Lead Risk Questionnaire developed
by the Department | ||||||
17 | and tested if indicated. Children shall be evaluated in | ||||||
18 | accordance with rules adopted by the Department.
| ||||||
19 | (b) Each licensed, registered, or approved health care | ||||||
20 | facility serving
children 6 years of age or younger, including , | ||||||
21 | but not
limited to,
health departments, hospitals, clinics, and | ||||||
22 | health maintenance
organizations approved, registered, or | ||||||
23 | licensed by the Department, shall take
the appropriate steps to | ||||||
24 | ensure that children 6 years of age or younger be evaluated for |
| |||||||
| |||||||
1 | risk or tested for lead poisoning or both.
| ||||||
2 | (c) Children 7 years and older and pregnant persons may | ||||||
3 | also be tested by physicians or
health care providers, in | ||||||
4 | accordance with rules adopted by the Department. Physicians and | ||||||
5 | health care providers shall also evaluate
children for lead | ||||||
6 | poisoning in conjunction with the school health
examination, as | ||||||
7 | required under the School Code, when, in the medical judgment | ||||||
8 | judgement
of the physician, advanced practice nurse who has a | ||||||
9 | written collaborative
agreement with a
collaborating
physician
| ||||||
10 | that authorizes the advance practice nurse to perform health | ||||||
11 | examinations , or
physician
assistant who has been delegated to | ||||||
12 | perform health examinations by the
supervising
physician, the | ||||||
13 | child is potentially at high risk of lead poisoning.
| ||||||
14 | (d) (Blank).
| ||||||
15 | (Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||||||
16 | Section 95. The Sexual Assault Survivors Emergency | ||||||
17 | Treatment Act is amended by changing Sections 2.2, 5, and 5.5 | ||||||
18 | as follows:
| ||||||
19 | (410 ILCS 70/2.2)
| ||||||
20 | Sec. 2.2. Emergency contraception.
| ||||||
21 | (a) The General Assembly finds:
| ||||||
22 | (1) Crimes of sexual assault and sexual abuse
cause | ||||||
23 | significant physical, emotional, and
psychological trauma | ||||||
24 | to the victims. This trauma is compounded by a victim's
|
| |||||||
| |||||||
1 | fear of becoming pregnant and bearing a child as a result | ||||||
2 | of the sexual
assault.
| ||||||
3 | (2) Each year over 32,000 women become pregnant in the | ||||||
4 | United States as
the result of rape and
approximately 50% | ||||||
5 | of these pregnancies end in abortion.
| ||||||
6 | (3) As approved for use by the Federal Food and Drug | ||||||
7 | Administration (FDA),
emergency contraception can | ||||||
8 | significantly reduce the risk of pregnancy if taken
within | ||||||
9 | 72 hours after the sexual assault.
| ||||||
10 | (4) By providing emergency contraception to rape | ||||||
11 | victims in a timely
manner, the trauma of rape can be | ||||||
12 | significantly reduced.
| ||||||
13 | (b) Within 120 days after the effective date of this | ||||||
14 | amendatory Act of the
92nd General Assembly, every hospital | ||||||
15 | providing services to sexual
assault survivors in accordance | ||||||
16 | with a plan approved under Section 2 must
develop a protocol | ||||||
17 | that ensures that each survivor of sexual
assault will receive | ||||||
18 | medically and factually accurate and written and oral
| ||||||
19 | information about emergency contraception; the indications and
| ||||||
20 | counter-indications and risks associated with the use of | ||||||
21 | emergency
contraception;
and a description of how and when | ||||||
22 | victims may be provided emergency
contraception upon
the | ||||||
23 | written order of a physician licensed to practice medicine
in | ||||||
24 | all its branches, an advanced practice nurse who has a written | ||||||
25 | collaborative agreement with a collaborating physician that | ||||||
26 | authorizes prescription of emergency contraception , or a |
| |||||||
| |||||||
1 | physician assistant who has been delegated authority to | ||||||
2 | prescribe emergency contraception. The Department shall | ||||||
3 | approve the protocol if it finds
that the implementation of the | ||||||
4 | protocol would provide sufficient protection
for survivors of | ||||||
5 | sexual assault.
| ||||||
6 | The hospital shall implement the protocol upon approval by | ||||||
7 | the Department.
The Department shall adopt rules and | ||||||
8 | regulations establishing one or more safe
harbor protocols and | ||||||
9 | setting minimum acceptable protocol standards that
hospitals | ||||||
10 | may develop and implement. The Department shall approve any | ||||||
11 | protocol
that meets those standards. The Department may provide | ||||||
12 | a sample acceptable
protocol upon request.
| ||||||
13 | (Source: P.A. 95-432, eff. 1-1-08.)
| ||||||
14 | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| ||||||
15 | Sec. 5. Minimum requirements for hospitals providing | ||||||
16 | hospital emergency services and forensic services
to sexual | ||||||
17 | assault survivors.
| ||||||
18 | (a) Every hospital providing hospital emergency services | ||||||
19 | and forensic services to
sexual assault survivors under this | ||||||
20 | Act
shall, as minimum requirements for such services, provide, | ||||||
21 | with the consent
of the sexual assault survivor, and as ordered | ||||||
22 | by the attending
physician, an advanced practice nurse who has | ||||||
23 | a written collaborative agreement with a collaborating | ||||||
24 | physician that authorizes provision of emergency services , or a | ||||||
25 | physician assistant who has been delegated authority to provide |
| |||||||
| |||||||
1 | hospital emergency services and forensic services, the | ||||||
2 | following:
| ||||||
3 | (1) appropriate medical examinations and laboratory
| ||||||
4 | tests required to ensure the health, safety, and welfare
of | ||||||
5 | a sexual assault survivor or which may be
used as evidence | ||||||
6 | in a criminal proceeding against a person accused of the
| ||||||
7 | sexual assault, or both; and records of the results of such | ||||||
8 | examinations
and tests shall be maintained by the hospital | ||||||
9 | and made available to law
enforcement officials upon the | ||||||
10 | request of the sexual assault survivor;
| ||||||
11 | (2) appropriate oral and written information | ||||||
12 | concerning the possibility
of infection, sexually | ||||||
13 | transmitted disease and pregnancy
resulting from sexual | ||||||
14 | assault;
| ||||||
15 | (3) appropriate oral and written information | ||||||
16 | concerning accepted medical
procedures, medication, and | ||||||
17 | possible contraindications of such medication
available | ||||||
18 | for the prevention or treatment of infection or disease | ||||||
19 | resulting
from sexual assault;
| ||||||
20 | (4) an amount of medication for treatment at the | ||||||
21 | hospital and after discharge as is deemed appropriate by | ||||||
22 | the attending physician, an advanced practice nurse, or a | ||||||
23 | physician assistant and consistent with the hospital's | ||||||
24 | current approved protocol for sexual assault survivors;
| ||||||
25 | (5) an evaluation of the sexual assault survivor's risk | ||||||
26 | of contracting human immunodeficiency virus (HIV) from the |
| |||||||
| |||||||
1 | sexual assault;
| ||||||
2 | (6) written and oral instructions indicating the need | ||||||
3 | for follow-up examinations and laboratory tests after the | ||||||
4 | sexual assault to determine the presence or absence of
| ||||||
5 | sexually transmitted disease;
| ||||||
6 | (7) referral by hospital personnel for appropriate | ||||||
7 | counseling; and
| ||||||
8 | (8) when HIV prophylaxis is deemed appropriate, an | ||||||
9 | initial dose or doses of HIV prophylaxis, along with | ||||||
10 | written and oral instructions indicating the importance of
| ||||||
11 | timely follow-up healthcare.
| ||||||
12 | (b) Any person who is a sexual assault survivor who seeks | ||||||
13 | emergency hospital services and forensic services or follow-up | ||||||
14 | healthcare
under this Act shall be provided such services | ||||||
15 | without the consent
of any parent, guardian, custodian, | ||||||
16 | surrogate, or agent.
| ||||||
17 | (c) Nothing in this Section creates a physician-patient | ||||||
18 | relationship that extends beyond discharge from the hospital | ||||||
19 | emergency department.
| ||||||
20 | (Source: P.A. 95-432, eff. 1-1-08; 96-318, eff. 1-1-10.)
| ||||||
21 | (410 ILCS 70/5.5)
| ||||||
22 | Sec. 5.5. Minimum reimbursement requirements for follow-up | ||||||
23 | healthcare. | ||||||
24 | (a) Every hospital, health care professional, laboratory, | ||||||
25 | or pharmacy that provides follow-up healthcare to a sexual |
| |||||||
| |||||||
1 | assault survivor, with the consent of the sexual assault | ||||||
2 | survivor and as ordered by the attending physician, an advanced | ||||||
3 | practice nurse who has a written collaborative agreement with a | ||||||
4 | collaborating physician , or physician assistant who has been | ||||||
5 | delegated authority by a supervising physician shall be | ||||||
6 | reimbursed for the follow-up healthcare services provided. | ||||||
7 | Follow-up healthcare services include, but are not limited to, | ||||||
8 | the following: | ||||||
9 | (1) a physical examination; | ||||||
10 | (2) laboratory tests to determine the presence or | ||||||
11 | absence of sexually transmitted disease; and | ||||||
12 | (3) appropriate medications, including HIV | ||||||
13 | prophylaxis. | ||||||
14 | (b) Reimbursable follow-up healthcare is limited to office | ||||||
15 | visits with a physician, advanced practice nurse, or physician | ||||||
16 | assistant within 90 days after an initial visit for hospital | ||||||
17 | emergency services. | ||||||
18 | (c) Nothing in this Section requires a hospital, health | ||||||
19 | care professional, laboratory, or pharmacy to provide | ||||||
20 | follow-up healthcare to a sexual assault survivor.
| ||||||
21 | (Source: P.A. 95-432, eff. 1-1-08.) | ||||||
22 | Section 100. The Consent by Minors to Medical Procedures | ||||||
23 | Act is amended by changing Sections 1, 1.5, 2, and 3 as | ||||||
24 | 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, an advanced practice nurse who | ||||||
5 | has a written collaborative agreement with a collaborating | ||||||
6 | physician that authorizes provision of services for minors , or | ||||||
7 | a physician assistant who has been delegated authority to | ||||||
8 | provide services for minors executed by a
married person who is | ||||||
9 | a minor, by a parent who is a minor, by a pregnant
woman who is | ||||||
10 | a minor, or by
any person 18 years of age or older, is not | ||||||
11 | voidable because of such
minority, and, for such purpose, a | ||||||
12 | married person who is a minor, a parent
who is a minor, a
| ||||||
13 | pregnant woman who is a minor, or any person 18 years of age or | ||||||
14 | older, is
deemed to have the same legal capacity to act and has | ||||||
15 | the same powers and
obligations as has a person of legal age.
| ||||||
16 | (Source: P.A. 93-962, eff. 8-20-04.)
| ||||||
17 | (410 ILCS 210/1.5) | ||||||
18 | Sec. 1.5. Consent by minor seeking care for primary care | ||||||
19 | services. | ||||||
20 | (a) The consent to the performance of primary care services | ||||||
21 | by a physician licensed to practice medicine in all its | ||||||
22 | branches, an advanced practice nurse who has a written | ||||||
23 | collaborative agreement with a collaborating physician that | ||||||
24 | authorizes provision of services for minors , or a physician | ||||||
25 | assistant who has been delegated authority to provide services |
| |||||||
| |||||||
1 | for minors executed by a minor seeking care is not voidable | ||||||
2 | because of such minority, and for such purpose, a minor seeking | ||||||
3 | care is deemed to have the same legal capacity to act and has | ||||||
4 | the same powers and obligations as has a person of legal age | ||||||
5 | under the following circumstances: | ||||||
6 | (1) the health care professional reasonably believes | ||||||
7 | that the minor seeking care understands the benefits and | ||||||
8 | risks of any proposed primary care or services; and | ||||||
9 | (2) the minor seeking care is identified in writing as | ||||||
10 | a minor seeking care by: | ||||||
11 | (A) an adult relative; | ||||||
12 | (B) a representative of a homeless service agency | ||||||
13 | that receives federal, State, county, or municipal | ||||||
14 | funding to provide those services or that is otherwise | ||||||
15 | sanctioned by a local continuum of care; | ||||||
16 | (C) an attorney licensed to practice law in this | ||||||
17 | State; | ||||||
18 | (D) a public school homeless liaison or school | ||||||
19 | social worker; | ||||||
20 | (E) a social service agency providing services to | ||||||
21 | at risk, homeless, or runaway youth; or | ||||||
22 | (F) a representative of a religious organization. | ||||||
23 | (b) A health care professional rendering primary care | ||||||
24 | services under this Section shall not incur civil or criminal | ||||||
25 | liability for failure to obtain valid consent or professional | ||||||
26 | discipline for failure to obtain valid consent if he or she |
| |||||||
| |||||||
1 | relied in good faith on the representations made by the minor | ||||||
2 | or the information provided under paragraph (2) of subsection | ||||||
3 | (a) of this Section. Under such circumstances, good faith shall | ||||||
4 | be presumed. | ||||||
5 | (c) The confidential nature of any communication between a | ||||||
6 | health care professional described in Section 1 of this Act and | ||||||
7 | a minor seeking care is not waived (1) by the presence, at the | ||||||
8 | time of communication, of any additional persons present at the | ||||||
9 | request of the minor seeking care, (2) by the health care | ||||||
10 | professional's disclosure of confidential information to the | ||||||
11 | additional person with the consent of the minor seeking care, | ||||||
12 | when reasonably necessary to accomplish the purpose for which | ||||||
13 | the additional person is consulted, or (3) by the health care | ||||||
14 | professional billing a health benefit insurance or plan under | ||||||
15 | which the minor seeking care is insured, is enrolled, or has | ||||||
16 | coverage for the services provided. | ||||||
17 | (d) Nothing in this Section shall be construed to limit or | ||||||
18 | expand a minor's existing powers and obligations under any | ||||||
19 | federal, State, or local law. Nothing in this Section shall be | ||||||
20 | construed to affect the Parental Notice of Abortion Act of | ||||||
21 | 1995. Nothing in this Section affects the right or authority of | ||||||
22 | a parent or legal guardian to verbally, in writing, or | ||||||
23 | otherwise authorize health care services to be provided for a | ||||||
24 | minor in their absence. | ||||||
25 | (e) For the purposes of this Section: | ||||||
26 | "Minor seeking care" means a person at least 14 years |
| |||||||
| |||||||
1 | of age but less than 18 years of age who is living separate | ||||||
2 | and apart from his or her parents or legal guardian, | ||||||
3 | whether with or without the consent of a parent or legal | ||||||
4 | guardian who is unable or unwilling to return to the | ||||||
5 | residence of a parent, and managing his or her own personal | ||||||
6 | affairs. "Minor seeking care" does not include minors who | ||||||
7 | are under the protective custody, temporary custody, or | ||||||
8 | guardianship of the Department of Children and Family | ||||||
9 | Services. | ||||||
10 | "Primary care services" means health care services | ||||||
11 | that include screening, counseling, immunizations, | ||||||
12 | medication, and treatment of illness and conditions | ||||||
13 | customarily provided by licensed health care professionals | ||||||
14 | in an out-patient setting. "Primary care services" does not | ||||||
15 | include invasive care, beyond standard injections, | ||||||
16 | laceration care, or non-surgical fracture care.
| ||||||
17 | (Source: P.A. 98-671, eff. 10-1-14.)
| ||||||
18 | (410 ILCS 210/2) (from Ch. 111, par. 4502)
| ||||||
19 | Sec. 2. Any parent, including a parent who is a minor, may | ||||||
20 | consent to the
performance upon his or her child of a medical | ||||||
21 | or surgical procedure by a
physician licensed to practice | ||||||
22 | medicine and surgery, an advanced practice nurse who has a | ||||||
23 | written collaborative agreement with a collaborating physician | ||||||
24 | that authorizes provision of services for minors , or a | ||||||
25 | physician assistant who has been delegated authority to provide |
| |||||||
| |||||||
1 | services for minors or a dental procedure
by a licensed | ||||||
2 | dentist. The consent of a parent who is a minor shall not be
| ||||||
3 | voidable because of such minority, but, for such purpose, a | ||||||
4 | parent who is a
minor shall be deemed to have the same legal | ||||||
5 | capacity to act and shall have
the same powers and obligations | ||||||
6 | as has a person of legal age.
| ||||||
7 | (Source: P.A. 93-962, eff. 8-20-04.)
| ||||||
8 | (410 ILCS 210/3) (from Ch. 111, par. 4503)
| ||||||
9 | Sec. 3. (a) Where a hospital, a physician licensed to | ||||||
10 | practice medicine
or surgery, an advanced practice nurse who | ||||||
11 | has a written collaborative agreement with a collaborating | ||||||
12 | physician that authorizes provision of services for minors , or | ||||||
13 | a physician assistant who has been delegated authority to | ||||||
14 | provide services for minors renders emergency treatment or | ||||||
15 | first aid or a licensed dentist
renders emergency dental | ||||||
16 | treatment to a minor, consent of the minor's parent
or legal | ||||||
17 | guardian need not be obtained if, in the sole opinion of the
| ||||||
18 | physician,
advanced practice nurse, physician assistant,
| ||||||
19 | dentist, or hospital, the obtaining of consent is not | ||||||
20 | reasonably feasible
under the circumstances without adversely | ||||||
21 | affecting the condition of such
minor's health.
| ||||||
22 | (b) Where a minor is the victim of a predatory criminal | ||||||
23 | sexual assault of
a child, aggravated criminal sexual assault, | ||||||
24 | criminal sexual assault,
aggravated criminal sexual abuse or | ||||||
25 | criminal sexual abuse, as provided in
Sections 11-1.20 through |
| |||||||
| |||||||
1 | 11-1.60 of the Criminal Code of 2012, the consent
of the | ||||||
2 | minor's parent or legal guardian need not be obtained to | ||||||
3 | authorize
a hospital, physician, advanced practice nurse, | ||||||
4 | physician assistant, or other medical personnel to furnish | ||||||
5 | medical care
or counseling related to the diagnosis or | ||||||
6 | treatment of any disease or injury
arising from such offense. | ||||||
7 | The minor may consent to such counseling, diagnosis
or | ||||||
8 | treatment as if the minor had reached his or her age of | ||||||
9 | majority. Such
consent shall not be voidable, nor subject to | ||||||
10 | later disaffirmance, because
of minority.
| ||||||
11 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
12 | Section 105. The Prenatal and Newborn Care Act is amended | ||||||
13 | by changing Section 2 as follows:
| ||||||
14 | (410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
| ||||||
15 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
16 | context otherwise
requires:
| ||||||
17 | "Advanced practice nurse" or "APN" means an advanced | ||||||
18 | practice nurse licensed under the Nurse Practice Act who has a | ||||||
19 | written collaborative agreement with a collaborating physician | ||||||
20 | that authorizes the provision of prenatal and newborn care .
| ||||||
21 | "Department" means the Illinois Department of Human | ||||||
22 | Services.
| ||||||
23 | "Early and Periodic Screening, Diagnosis and Treatment | ||||||
24 | (EPSDT)" means
the provision of preventative health care under |
| |||||||
| |||||||
1 | 42 C.F.R. 441.50 et seq.,
including medical and dental | ||||||
2 | services, needed to assess growth and
development and detect | ||||||
3 | and treat health problems.
| ||||||
4 | "Hospital" means a hospital as defined under the Hospital | ||||||
5 | Licensing Act.
| ||||||
6 | "Local health authority" means the full-time official | ||||||
7 | health
department or board of health, as recognized by the | ||||||
8 | Illinois Department
of Public Health, having
jurisdiction over | ||||||
9 | a particular area.
| ||||||
10 | "Nurse" means a nurse licensed under the Nurse Practice | ||||||
11 | Act.
| ||||||
12 | "Physician" means a physician licensed to practice | ||||||
13 | medicine in all of
its branches.
| ||||||
14 | "Physician assistant" means a physician assistant licensed | ||||||
15 | under the Physician Assistant Practice Act of 1987 who has been | ||||||
16 | delegated authority to provide prenatal and newborn care.
| ||||||
17 | "Postnatal visit" means a visit occurring after birth, with
| ||||||
18 | reference to the newborn.
| ||||||
19 | "Prenatal visit" means a visit occurring before birth.
| ||||||
20 | "Program" means the Prenatal and Newborn Care Program | ||||||
21 | established
pursuant to this Act.
| ||||||
22 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
23 | Section 110. The AIDS Confidentiality Act is amended by | ||||||
24 | changing Section 3 as follows:
|
| |||||||
| |||||||
1 | (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
| ||||||
2 | Sec. 3. When used in this Act:
| ||||||
3 | (a) "AIDS" means acquired immunodeficiency syndrome. | ||||||
4 | (b) "Authority" means the Illinois Health Information | ||||||
5 | Exchange Authority established pursuant to the Illinois Health | ||||||
6 | Information Exchange and Technology Act. | ||||||
7 | (c) "Business associate" has the meaning ascribed to it | ||||||
8 | under HIPAA, as specified in 45 CFR 160.103. | ||||||
9 | (d) "Covered entity" has the meaning ascribed to it under | ||||||
10 | HIPAA, as specified in 45 CFR 160.103. | ||||||
11 | (e) "De-identified information" means health information | ||||||
12 | that is not individually identifiable as described under HIPAA, | ||||||
13 | as specified in 45 CFR 164.514(b). | ||||||
14 | (f) "Department" means the Illinois Department of Public | ||||||
15 | Health or its designated agents.
| ||||||
16 | (g) "Disclosure" has the meaning ascribed to it under | ||||||
17 | HIPAA, as specified in 45 CFR 160.103. | ||||||
18 | (h) "Health care operations" has the meaning ascribed to it | ||||||
19 | under HIPAA, as specified in 45 CFR 164.501. | ||||||
20 | (i) "Health care professional" means (i) a licensed | ||||||
21 | physician, (ii) a
physician assistant
to whom the physician | ||||||
22 | assistant's supervising physician has delegated the
provision | ||||||
23 | of AIDS and
HIV-related health services, (iii) an advanced | ||||||
24 | practice registered nurse who
has a written
collaborative | ||||||
25 | agreement with a collaborating physician which authorizes the
| ||||||
26 | provision of AIDS
and HIV-related health services , (iv) a |
| |||||||
| |||||||
1 | licensed dentist, (v) a licensed podiatric physician, or (vi) | ||||||
2 | an
individual certified to provide HIV testing and counseling | ||||||
3 | by a state or local
public health
department. | ||||||
4 | (j) "Health care provider" has the meaning ascribed to it | ||||||
5 | under HIPAA, as specified in 45 CFR 160.103.
| ||||||
6 | (k) "Health facility" means a hospital, nursing home, blood | ||||||
7 | bank, blood
center, sperm bank, or other health care | ||||||
8 | institution, including any "health
facility" as that term is | ||||||
9 | defined in the Illinois Finance Authority
Act.
| ||||||
10 | (l) "Health information exchange" or "HIE" means a health | ||||||
11 | information exchange or health information organization that | ||||||
12 | oversees and governs the electronic exchange of health | ||||||
13 | information that (i) is established pursuant to the Illinois | ||||||
14 | Health Information Exchange and Technology Act, or any | ||||||
15 | subsequent amendments thereto, and any administrative rules | ||||||
16 | adopted thereunder; (ii) has established a data sharing | ||||||
17 | arrangement with the Authority; or (iii) as of August 16, 2013, | ||||||
18 | was designated by the Authority Board as a member of, or was | ||||||
19 | represented on, the Authority Board's Regional Health | ||||||
20 | Information Exchange Workgroup; provided that such designation
| ||||||
21 | shall not require the establishment of a data sharing | ||||||
22 | arrangement or other participation with the Illinois Health
| ||||||
23 | Information Exchange or the payment of any fee. In certain | ||||||
24 | circumstances, in accordance with HIPAA, an HIE will be a | ||||||
25 | business associate. | ||||||
26 | (m) "Health oversight agency" has the meaning ascribed to |
| |||||||
| |||||||
1 | it under HIPAA, as specified in 45 CFR 164.501. | ||||||
2 | (n) "HIPAA" means the Health Insurance Portability and | ||||||
3 | Accountability Act of 1996, Public Law 104-191, as amended by | ||||||
4 | the Health Information Technology for Economic and Clinical | ||||||
5 | Health Act of 2009, Public Law 111-05, and any subsequent | ||||||
6 | amendments thereto and any regulations promulgated thereunder. | ||||||
7 | (o) "HIV" means the human immunodeficiency virus. | ||||||
8 | (p) "HIV-related information" means the identity of a | ||||||
9 | person upon whom an HIV test is performed, the results of an | ||||||
10 | HIV test, as well as diagnosis, treatment, and prescription | ||||||
11 | information that reveals a patient is HIV-positive, including | ||||||
12 | such information contained in a limited data set. "HIV-related | ||||||
13 | information" does not include information that has been | ||||||
14 | de-identified in accordance with HIPAA. | ||||||
15 | (q) "Informed consent" means a written or verbal
agreement | ||||||
16 | by the subject of a test or the subject's
legally authorized | ||||||
17 | representative without undue inducement or any element
of | ||||||
18 | force, fraud, deceit, duress, or other form of constraint or | ||||||
19 | coercion,
which entails at least the following pre-test | ||||||
20 | information: | ||||||
21 | (1) a fair explanation of the test, including its | ||||||
22 | purpose, potential
uses, limitations, and the meaning of | ||||||
23 | its results; | ||||||
24 | (2) a fair explanation of the procedures to be | ||||||
25 | followed, including the
voluntary nature of the test, the | ||||||
26 | right to withdraw consent to the testing
process at any |
| |||||||
| |||||||
1 | time, the right to anonymity to the extent provided by law
| ||||||
2 | with respect to participation in the test and disclosure of | ||||||
3 | test results,
and the right to confidential treatment of
| ||||||
4 | information identifying the subject of the test and the | ||||||
5 | results of the
test, to the extent provided by law; and | ||||||
6 | (3) where the person providing informed consent is a | ||||||
7 | participant in an HIE, a fair explanation that the results | ||||||
8 | of the patient's HIV test will be accessible through an HIE | ||||||
9 | and meaningful disclosure of the patient's opt-out right | ||||||
10 | under Section 9.6 of this Act. | ||||||
11 | Pre-test information may be provided in writing, verbally, | ||||||
12 | or by video, electronic, or other means. The subject must be | ||||||
13 | offered an opportunity to ask questions about the HIV test and | ||||||
14 | decline testing. Nothing in this Act shall prohibit a health | ||||||
15 | care provider or health care professional from combining a form | ||||||
16 | used to obtain informed consent for HIV testing with forms used | ||||||
17 | to obtain written consent for general medical care or any other | ||||||
18 | medical test or procedure provided that the forms make it clear | ||||||
19 | that the subject may consent to general medical care, tests, or | ||||||
20 | medical procedures without being required to consent to HIV | ||||||
21 | testing and clearly explain how the subject may opt out of HIV | ||||||
22 | testing. | ||||||
23 | (r) "Limited data set" has the meaning ascribed to it under | ||||||
24 | HIPAA, as described in 45 CFR 164.514(e)(2). | ||||||
25 | (s) "Minimum necessary" means the HIPAA standard for using, | ||||||
26 | disclosing, and requesting protected health information found |
| |||||||
| |||||||
1 | in 45 CFR 164.502(b) and 164.514(d). | ||||||
2 | (t) "Organized health care arrangement" has the meaning | ||||||
3 | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||||||
4 | (u) "Patient safety activities" has the meaning ascribed to | ||||||
5 | it under 42 CFR 3.20. | ||||||
6 | (v) "Payment" has the meaning ascribed to it under HIPAA, | ||||||
7 | as specified in 45 CFR 164.501. | ||||||
8 | (w) "Person" includes any natural person, partnership, | ||||||
9 | association, joint venture, trust, governmental entity, public | ||||||
10 | or private corporation, health facility, or other legal entity. | ||||||
11 | (x) "Protected health information" has the meaning | ||||||
12 | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||||||
13 | (y) "Research" has the meaning ascribed to it under HIPAA, | ||||||
14 | as specified in 45 CFR 164.501. | ||||||
15 | (z) "State agency" means an instrumentality of the State of | ||||||
16 | Illinois and any instrumentality of another state that, | ||||||
17 | pursuant to applicable law or a written undertaking with an | ||||||
18 | instrumentality of the State of Illinois, is bound to protect | ||||||
19 | the privacy of HIV-related information of Illinois persons.
| ||||||
20 | (aa) "Test" or "HIV test" means a test to determine the | ||||||
21 | presence of the
antibody or antigen to HIV, or of HIV | ||||||
22 | infection.
| ||||||
23 | (bb) "Treatment" has the meaning ascribed to it under | ||||||
24 | HIPAA, as specified in 45 CFR 164.501. | ||||||
25 | (cc) "Use" has the meaning ascribed to it under HIPAA, as | ||||||
26 | specified in 45 CFR 160.103, where context dictates.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15 .) | ||||||
2 | Section 115. The Illinois Sexually Transmissible Disease | ||||||
3 | Control Act is amended by changing Sections 3 and 4 as follows:
| ||||||
4 | (410 ILCS 325/3) (from Ch. 111 1/2, par. 7403)
| ||||||
5 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
6 | context clearly
requires otherwise:
| ||||||
7 | (1) "Department" means the Department of Public Health.
| ||||||
8 | (2) "Local health authority" means the full-time official | ||||||
9 | health
department of board of health, as recognized by the | ||||||
10 | Department, having
jurisdiction over a particular area.
| ||||||
11 | (3) "Sexually transmissible disease" means a bacterial, | ||||||
12 | viral, fungal or
parasitic disease, determined by rule of the | ||||||
13 | Department to be sexually
transmissible, to be a threat to the | ||||||
14 | public health and welfare, and to be a
disease for which a | ||||||
15 | legitimate public interest will be served by providing
for | ||||||
16 | regulation and treatment. In considering which diseases are to | ||||||
17 | be
designated sexually transmissible diseases, the Department | ||||||
18 | shall consider
such diseases as chancroid, gonorrhea, | ||||||
19 | granuloma inguinale, lymphogranuloma
venereum, genital herpes | ||||||
20 | simplex, chlamydia, nongonococcal urethritis
(NGU), pelvic | ||||||
21 | inflammatory disease (PID)/Acute
Salpingitis, syphilis, | ||||||
22 | Acquired Immunodeficiency Syndrome (AIDS), and Human
| ||||||
23 | Immunodeficiency Virus (HIV) for designation, and shall | ||||||
24 | consider the
recommendations and classifications of the |
| |||||||
| |||||||
1 | Centers for Disease Control and
other nationally recognized | ||||||
2 | medical authorities. Not all diseases that are
sexually | ||||||
3 | transmissible need be designated for purposes of this Act.
| ||||||
4 | (4) "Health care professional" means a physician licensed | ||||||
5 | to practice medicine in all its branches, a physician assistant | ||||||
6 | who has been delegated the provision of sexually transmissible | ||||||
7 | disease therapy services or expedited partner therapy services | ||||||
8 | by his or her supervising physician, or an advanced practice | ||||||
9 | nurse who has a written collaborative agreement with a | ||||||
10 | collaborating physician that authorizes the provision of | ||||||
11 | sexually transmissible disease therapy services or expedited | ||||||
12 | partner therapy services, or an advanced practice nurse who | ||||||
13 | practices in a hospital or ambulatory surgical treatment center | ||||||
14 | and possesses appropriate clinical privileges in accordance | ||||||
15 | with the Nurse Practice Act . | ||||||
16 | (5) "Expedited partner therapy" means to prescribe, | ||||||
17 | dispense, furnish, or otherwise provide prescription | ||||||
18 | antibiotic drugs to the partner or partners of persons | ||||||
19 | clinically diagnosed as infected with a sexually transmissible | ||||||
20 | disease, without physical examination of the partner or | ||||||
21 | partners. | ||||||
22 | (Source: P.A. 96-613, eff. 1-1-10.)
| ||||||
23 | (410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
| ||||||
24 | Sec. 4. Reporting required.
| ||||||
25 | (a) A physician licensed under the provisions of the |
| |||||||
| |||||||
1 | Medical Practice Act
of 1987, an advanced practice nurse | ||||||
2 | licensed under the provisions of the Nurse Practice Act who has | ||||||
3 | a written collaborative agreement with a collaborating | ||||||
4 | physician that authorizes the provision of services for a | ||||||
5 | sexually transmissible disease , or a physician assistant | ||||||
6 | licensed under the provisions of the Physician Assistant | ||||||
7 | Practice Act of 1987 who has been delegated authority to | ||||||
8 | provide services for a sexually transmissible disease
who makes | ||||||
9 | a diagnosis of or treats a person with a sexually
transmissible | ||||||
10 | disease and each laboratory that performs a test for a sexually
| ||||||
11 | transmissible disease which concludes with a positive result | ||||||
12 | shall report such
facts as may be required by the Department by | ||||||
13 | rule, within such time period as
the Department may require by | ||||||
14 | rule, but in no case to exceed 2 weeks.
| ||||||
15 | (b) The Department shall adopt rules specifying the | ||||||
16 | information
required in reporting a sexually transmissible | ||||||
17 | disease, the method of
reporting and specifying a minimum time | ||||||
18 | period for reporting. In adopting
such rules, the Department | ||||||
19 | shall consider the need for information,
protections for the | ||||||
20 | privacy and confidentiality of the patient, and the
practical | ||||||
21 | abilities of persons and laboratories to report in a reasonable
| ||||||
22 | fashion.
| ||||||
23 | (c) Any person who knowingly or maliciously disseminates | ||||||
24 | any false
information or report concerning the existence of any | ||||||
25 | sexually
transmissible disease under this Section is guilty of | ||||||
26 | a Class A misdemeanor.
|
| |||||||
| |||||||
1 | (d) Any person who violates the provisions of this Section | ||||||
2 | or the rules
adopted hereunder may be fined by the Department | ||||||
3 | up to $500 for each
violation. The Department shall report each | ||||||
4 | violation of this Section to
the regulatory agency responsible | ||||||
5 | for licensing a health care professional
or a laboratory to | ||||||
6 | which these provisions apply.
| ||||||
7 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
8 | Section 120. The Perinatal HIV Prevention Act is amended by | ||||||
9 | changing Section 5 as follows:
| ||||||
10 | (410 ILCS 335/5)
| ||||||
11 | Sec. 5. Definitions. In this Act:
| ||||||
12 | "Department" means the Department of Public Health.
| ||||||
13 | "Health care professional" means a physician licensed to | ||||||
14 | practice
medicine in all its branches, a physician assistant | ||||||
15 | who has been delegated the
provision of health services by his | ||||||
16 | or her supervising physician, or an
advanced
practice | ||||||
17 | registered nurse who has a written collaborative agreement with | ||||||
18 | a
collaborating physician that authorizes the provision of | ||||||
19 | health services .
| ||||||
20 | "Health care facility" or "facility" means any hospital or | ||||||
21 | other
institution that is licensed or otherwise authorized to | ||||||
22 | deliver health care
services.
| ||||||
23 | "Health care services" means any prenatal medical care or | ||||||
24 | labor or
delivery services to a pregnant woman and her newborn |
| |||||||
| |||||||
1 | infant, including
hospitalization.
| ||||||
2 | (Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)
| ||||||
3 | Section 125. The Genetic Information Privacy Act is amended | ||||||
4 | by changing Section 10 as follows:
| ||||||
5 | (410 ILCS 513/10)
| ||||||
6 | Sec. 10. Definitions. As used in this Act:
| ||||||
7 | "Authority" means the Illinois Health Information Exchange | ||||||
8 | Authority established pursuant to the Illinois Health | ||||||
9 | Information Exchange and Technology Act. | ||||||
10 | "Business associate" has the meaning ascribed to it under | ||||||
11 | HIPAA, as specified in 45 CFR 160.103. | ||||||
12 | "Covered entity" has the meaning ascribed to it under | ||||||
13 | HIPAA, as specified in 45 CFR 160.103. | ||||||
14 | "De-identified information" means health information that | ||||||
15 | is not individually identifiable as described under HIPAA, as | ||||||
16 | specified in 45 CFR 164.514(b). | ||||||
17 | "Disclosure" has the meaning ascribed to it under HIPAA, as | ||||||
18 | specified in 45 CFR 160.103. | ||||||
19 | "Employer" means the State of Illinois, any unit of local | ||||||
20 | government, and any board, commission, department, | ||||||
21 | institution, or school district, any party to a public | ||||||
22 | contract, any joint apprenticeship or training committee | ||||||
23 | within the State, and every other person employing employees | ||||||
24 | within the State. |
| |||||||
| |||||||
1 | "Employment agency" means both public and private | ||||||
2 | employment agencies and any person, labor organization, or | ||||||
3 | labor union having a hiring hall or hiring office regularly | ||||||
4 | undertaking, with or without compensation, to procure | ||||||
5 | opportunities to work, or to procure, recruit, refer, or place | ||||||
6 | employees. | ||||||
7 | "Family member" means, with respect to an individual, (i) | ||||||
8 | the spouse of the individual; (ii) a dependent child of the | ||||||
9 | individual, including a child who is born to or placed for | ||||||
10 | adoption with the individual; (iii) any other person qualifying | ||||||
11 | as a covered dependent under a managed care plan; and (iv) all | ||||||
12 | other individuals related by blood or law to the individual or | ||||||
13 | the spouse or child described in subsections (i) through (iii) | ||||||
14 | of this definition. | ||||||
15 | "Genetic information" has the meaning ascribed to it under | ||||||
16 | HIPAA, as specified in 45 CFR 160.103. | ||||||
17 | "Genetic monitoring" means the periodic examination of | ||||||
18 | employees to evaluate acquired modifications to their genetic | ||||||
19 | material, such as chromosomal damage or evidence of increased | ||||||
20 | occurrence of mutations that may have developed in the course | ||||||
21 | of employment due to exposure to toxic substances in the | ||||||
22 | workplace in order to identify, evaluate, and respond to | ||||||
23 | effects of or control adverse environmental exposures in the | ||||||
24 | workplace. | ||||||
25 | "Genetic services" has the meaning ascribed to it under | ||||||
26 | HIPAA, as specified in 45 CFR 160.103. |
| |||||||
| |||||||
1 | "Genetic testing" and "genetic test" have the meaning | ||||||
2 | ascribed to "genetic test" under HIPAA, as specified in 45 CFR | ||||||
3 | 160.103. | ||||||
4 | "Health care operations" has the meaning ascribed to it | ||||||
5 | under HIPAA, as specified in 45 CFR 164.501. | ||||||
6 | "Health care professional" means (i) a licensed physician, | ||||||
7 | (ii) a physician assistant to whom the physician assistant's | ||||||
8 | supervising physician has delegated the provision of genetic | ||||||
9 | testing or genetic counseling-related services, (iii) an | ||||||
10 | advanced practice registered nurse who has a written | ||||||
11 | collaborative agreement with a collaborating physician which | ||||||
12 | authorizes the provision of genetic testing or genetic | ||||||
13 | counseling-related health services , (iv) a licensed dentist, | ||||||
14 | (v) a licensed podiatrist, (vi) a licensed genetic counselor, | ||||||
15 | or (vii) an individual certified to provide genetic testing by | ||||||
16 | a 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 .)
| ||||||
7 | Section 130. 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 nurse, as defined in the Nurse Practice Act, | ||||||
14 | who is employed by a home health agency or hospice licensed in | ||||||
15 | this State. | ||||||
16 | "Health care professional" means a physician licensed to | ||||||
17 | practice medicine in all its branches, an advanced practice | ||||||
18 | nurse who has a written collaborative agreement with a | ||||||
19 | collaborating physician that authorizes services under this | ||||||
20 | Act , or a physician assistant who has been delegated the | ||||||
21 | authority to perform services under this Act by his or her | ||||||
22 | supervising physician. | ||||||
23 | "Home health agency" has the meaning ascribed to it in | ||||||
24 | Section 2.04 of the Home Health, Home Services, and Home |
| |||||||
| |||||||
1 | Nursing Agency Licensing Act.
| ||||||
2 | "Hospice" means a full hospice, as defined in Section 3 of | ||||||
3 | the Hospice Program Licensing Act. | ||||||
4 | "Physician" means a physician licensed under the Medical | ||||||
5 | Practice Act of 1987 to practice medicine in all its branches.
| ||||||
6 | (Source: P.A. 94-638, eff. 8-22-05; 95-331, eff. 8-21-07; | ||||||
7 | 95-639, eff. 10-5-07.) | ||||||
8 | Section 135. The Illinois Vehicle Code is amended by | ||||||
9 | changing Sections 1-159.1, 3-616, 6-103, 6-106.1, and 6-901 as | ||||||
10 | follows:
| ||||||
11 | (625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)
| ||||||
12 | Sec. 1-159.1. Person with disabilities. A natural person | ||||||
13 | who, as determined by a licensed physician, by a physician
| ||||||
14 | assistant who has been delegated the authority to make this | ||||||
15 | determination by
his or her supervising physician, or by an | ||||||
16 | advanced practice nurse who has a
written collaborative | ||||||
17 | agreement with a collaborating physician that authorizes
the | ||||||
18 | advanced practice nurse to make this determination : (1) cannot | ||||||
19 | walk
without the use of, or
assistance from, a brace, cane, | ||||||
20 | crutch, another person, prosthetic device,
wheelchair, or | ||||||
21 | other assistive device; (2) is restricted by lung
disease to
| ||||||
22 | such an extent that his or her forced (respiratory) expiratory | ||||||
23 | volume for one
second, when measured by spirometry, is less | ||||||
24 | than one liter, or the arterial
oxygen tension is less than 60 |
| |||||||
| |||||||
1 | mm/hg on room air at rest; (3) uses
portable
oxygen; (4) has a | ||||||
2 | cardiac condition to the extent that the person's
functional
| ||||||
3 | limitations are classified in severity as Class III or Class | ||||||
4 | IV,
according to standards set by the American Heart | ||||||
5 | Association; (5) is
severely limited in the person's ability to | ||||||
6 | walk due to an arthritic,
neurological, oncological, or | ||||||
7 | orthopedic condition; (6) cannot walk 200 feet without
stopping | ||||||
8 | to rest because of one of the above 5 conditions; or (7) is | ||||||
9 | missing a hand or arm or has permanently lost the use of a hand | ||||||
10 | or arm.
| ||||||
11 | (Source: P.A. 98-405, eff. 1-1-14.)
| ||||||
12 | (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
| ||||||
13 | Sec. 3-616. Disability license plates.
| ||||||
14 | (a) Upon receiving an application for a certificate of | ||||||
15 | registration for
a motor vehicle of the first division or for a | ||||||
16 | motor vehicle of the second
division weighing no more than | ||||||
17 | 8,000 pounds, accompanied with payment of the
registration fees | ||||||
18 | required under this Code from a person with disabilities or
a | ||||||
19 | person who is deaf or hard of hearing, the Secretary of State,
| ||||||
20 | if so requested, shall issue to such person registration plates | ||||||
21 | as provided for
in Section 3-611, provided that the person with | ||||||
22 | disabilities or person who is
deaf or hard of hearing must not | ||||||
23 | be disqualified from obtaining a driver's
license under | ||||||
24 | subsection 8 of Section 6-103 of this Code, and further | ||||||
25 | provided
that any person making such a request must submit a |
| |||||||
| |||||||
1 | statement, certified by
a
licensed physician, by a physician | ||||||
2 | assistant who has been delegated the
authority to make this | ||||||
3 | certification by his or her supervising physician, or by
an | ||||||
4 | advanced practice nurse who has a written collaborative | ||||||
5 | agreement with a
collaborating physician that authorizes the | ||||||
6 | advanced practice nurse to make
this certification , to
the | ||||||
7 | effect that such person is a person with disabilities
as | ||||||
8 | defined by Section 1-159.1 of this Code, or alternatively | ||||||
9 | provide adequate
documentation that such person has a Class 1A, | ||||||
10 | Class 2A or Type Four
disability under the provisions of | ||||||
11 | Section 4A of the Illinois Identification
Card Act. For | ||||||
12 | purposes of this Section, an Illinois Person
with a Disability | ||||||
13 | Identification Card issued pursuant to the Illinois | ||||||
14 | Identification Card Act
indicating that the person thereon | ||||||
15 | named has a disability shall be adequate
documentation of such | ||||||
16 | a disability.
| ||||||
17 | (b) The Secretary shall issue plates under this Section to | ||||||
18 | a parent or
legal guardian of a person with disabilities if the | ||||||
19 | person with disabilities
has a Class 1A or Class 2A disability | ||||||
20 | as defined in Section 4A of the Illinois
Identification Card | ||||||
21 | Act or is a person with disabilities as defined by Section
| ||||||
22 | 1-159.1 of this Code, and does not possess a vehicle registered | ||||||
23 | in his or her
name, provided that the person with disabilities | ||||||
24 | relies frequently on the
parent or legal guardian for | ||||||
25 | transportation. Only one vehicle per family
may be registered | ||||||
26 | under this subsection, unless the applicant can justify in
|
| |||||||
| |||||||
1 | writing the need for one additional set of plates. Any person | ||||||
2 | requesting
special plates under this subsection shall submit | ||||||
3 | such documentation or such
physician's, physician assistant's, | ||||||
4 | or advanced practice nurse's
statement as is required in | ||||||
5 | subsection
(a) and a statement
describing the circumstances | ||||||
6 | qualifying for issuance of special plates under
this | ||||||
7 | subsection. An optometrist may certify a Class 2A Visual | ||||||
8 | Disability, as defined in Section 4A of the Illinois | ||||||
9 | Identification Card Act, for the purpose of qualifying a person | ||||||
10 | with disabilities for special plates under this subsection.
| ||||||
11 | (c) The Secretary may issue a
parking decal or
device to a | ||||||
12 | person with disabilities as defined by Section 1-159.1 without
| ||||||
13 | regard to qualification of such person with disabilities for a | ||||||
14 | driver's license
or registration of a vehicle by such person | ||||||
15 | with disabilities or such person's
immediate family, provided | ||||||
16 | such person with disabilities making such a request
has been | ||||||
17 | issued an Illinois Person with a Disability Identification Card | ||||||
18 | indicating that the
person named thereon has a Class 1A or | ||||||
19 | Class 2A disability, or alternatively,
submits a statement | ||||||
20 | certified by a licensed physician, or by a physician
assistant | ||||||
21 | or an advanced practice nurse as provided in subsection (a), to
| ||||||
22 | the effect that such
person is a person with disabilities as | ||||||
23 | defined by Section 1-159.1. An optometrist may certify a Class | ||||||
24 | 2A Visual Disability as defined in Section 4A of the Illinois | ||||||
25 | Identification Card Act for the purpose of qualifying a person | ||||||
26 | with disabilities for a parking decal or device under this |
| |||||||
| |||||||
1 | subsection.
| ||||||
2 | (d) The Secretary shall prescribe by rules and regulations | ||||||
3 | procedures
to certify or re-certify as necessary the | ||||||
4 | eligibility of persons whose
disabilities are other than | ||||||
5 | permanent for special plates or
parking decals or devices | ||||||
6 | issued under subsections (a), (b)
and (c). Except as provided | ||||||
7 | under subsection (f) of this Section, no
such special plates, | ||||||
8 | decals or devices shall be issued by the Secretary of
State to | ||||||
9 | or on behalf of any person with disabilities unless such person | ||||||
10 | is
certified as meeting the definition of a person with | ||||||
11 | disabilities pursuant to
Section 1-159.1 or meeting the | ||||||
12 | requirement of a Type Four disability as
provided under Section | ||||||
13 | 4A of the Illinois Identification Card Act for the
period of | ||||||
14 | time that the physician, or the physician assistant or advanced
| ||||||
15 | practice nurse as provided in
subsection (a), determines the | ||||||
16 | applicant will have the
disability, but not to exceed 6 months | ||||||
17 | from the date of certification or
recertification.
| ||||||
18 | (e) Any person requesting special plates under this Section | ||||||
19 | may also apply
to have the special plates personalized, as | ||||||
20 | provided under Section 3-405.1.
| ||||||
21 | (f) The Secretary of State, upon application, shall issue | ||||||
22 | disability registration plates or a parking decal to
| ||||||
23 | corporations, school districts, State or municipal agencies, | ||||||
24 | limited liability
companies, nursing homes, convalescent | ||||||
25 | homes, or special education cooperatives
which will transport | ||||||
26 | persons with disabilities. The Secretary shall prescribe
by |
| |||||||
| |||||||
1 | rule a means to certify or re-certify the eligibility of | ||||||
2 | organizations to
receive disability plates or decals and to | ||||||
3 | designate which of the
2 person with disabilities emblems shall | ||||||
4 | be placed on qualifying
vehicles.
| ||||||
5 | (g) The Secretary of State, or his designee, may enter into
| ||||||
6 | agreements with other jurisdictions, including foreign | ||||||
7 | jurisdictions, on
behalf of this State relating to the | ||||||
8 | extension of parking privileges by
such jurisdictions to | ||||||
9 | permanently disabled residents of this State who
display a | ||||||
10 | special license plate or parking device that contains the
| ||||||
11 | International symbol of access on his or her motor vehicle, and | ||||||
12 | to
recognize such plates or devices issued by such other | ||||||
13 | jurisdictions. This
State shall grant the same parking | ||||||
14 | privileges which are granted to disabled
residents of this | ||||||
15 | State to any non-resident whose motor vehicle is licensed
in | ||||||
16 | another state, district, territory or foreign country if such | ||||||
17 | vehicle
displays the international symbol of access or a | ||||||
18 | distinguishing insignia on
license plates or parking device | ||||||
19 | issued in accordance with the laws of the
non-resident's state, | ||||||
20 | district, territory or foreign country.
| ||||||
21 | (Source: P.A. 97-1064, eff. 1-1-13.)
| ||||||
22 | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| ||||||
23 | Sec. 6-103. What persons shall not be licensed as drivers | ||||||
24 | or granted
permits. The Secretary of State shall not issue, | ||||||
25 | renew, or
allow the retention of any driver's
license nor issue |
| |||||||
| |||||||
1 | any permit under this Code:
| ||||||
2 | 1. To any person, as a driver, who is under the age of | ||||||
3 | 18 years except
as provided in Section 6-107, and except | ||||||
4 | that an instruction permit may be
issued under Section | ||||||
5 | 6-107.1 to a child who
is not less than 15 years of age if | ||||||
6 | the child is enrolled in an approved
driver education | ||||||
7 | course as defined in Section 1-103 of this Code and
| ||||||
8 | requires an instruction permit to participate therein, | ||||||
9 | except that an
instruction permit may be issued under the | ||||||
10 | provisions of Section 6-107.1
to a child who is 17 years | ||||||
11 | and 3 months of age without the child having
enrolled in an
| ||||||
12 | approved driver education course and except that an
| ||||||
13 | instruction permit may be issued to a child who is at least | ||||||
14 | 15 years and 3
months of age, is enrolled in school, meets | ||||||
15 | the educational requirements of
the Driver Education Act, | ||||||
16 | and has passed examinations the Secretary of State in
his | ||||||
17 | or her discretion may prescribe;
| ||||||
18 | 1.5. To any person at least 18 years of age but less | ||||||
19 | than 21 years of age unless the person has, in addition to | ||||||
20 | any other requirements of this Code, successfully | ||||||
21 | completed an adult driver education course as provided in | ||||||
22 | Section 6-107.5 of this Code;
| ||||||
23 | 2. To any person who is under the age of 18 as an | ||||||
24 | operator of a motorcycle
other than a motor driven cycle | ||||||
25 | unless the person has, in addition to
meeting the | ||||||
26 | provisions of Section 6-107 of this Code, successfully
|
| |||||||
| |||||||
1 | completed a motorcycle
training course approved by the | ||||||
2 | Illinois Department of Transportation and
successfully | ||||||
3 | completes the required Secretary of State's motorcycle | ||||||
4 | driver's
examination;
| ||||||
5 | 3. To any person, as a driver, whose driver's license | ||||||
6 | or permit has been
suspended, during the suspension, nor to | ||||||
7 | any person whose driver's license or
permit has been | ||||||
8 | revoked, except as provided in Sections 6-205, 6-206, and
| ||||||
9 | 6-208;
| ||||||
10 | 4. To any person, as a driver, who is a user of alcohol | ||||||
11 | or any other
drug to a degree that renders the person | ||||||
12 | incapable of safely driving a motor
vehicle;
| ||||||
13 | 5. To any person, as a driver, who has previously been | ||||||
14 | adjudged to be
afflicted with or suffering from any mental | ||||||
15 | or physical disability or disease
and who has not at the | ||||||
16 | time of application been restored to competency by the
| ||||||
17 | methods provided by law;
| ||||||
18 | 6. To any person, as a driver, who is required by the | ||||||
19 | Secretary of State
to submit an alcohol and drug evaluation | ||||||
20 | or take an examination provided
for in this Code unless the | ||||||
21 | person has
successfully passed the examination and | ||||||
22 | submitted any required evaluation;
| ||||||
23 | 7. To any person who is required under the provisions | ||||||
24 | of the laws of
this State to deposit security or proof of | ||||||
25 | financial responsibility and who
has not deposited the | ||||||
26 | security or proof;
|
| |||||||
| |||||||
1 | 8. To any person when the Secretary of State has good | ||||||
2 | cause to believe
that the person by reason of physical or | ||||||
3 | mental disability would not be
able to safely operate a | ||||||
4 | motor vehicle upon the highways, unless the
person shall | ||||||
5 | furnish to the Secretary of State a verified written
| ||||||
6 | statement, acceptable to the Secretary of State, from a | ||||||
7 | competent medical
specialist, a licensed physician | ||||||
8 | assistant who has been delegated the performance of medical | ||||||
9 | examinations by his or her supervising physician, or a | ||||||
10 | licensed advanced practice nurse who has a written | ||||||
11 | collaborative agreement with a collaborating physician | ||||||
12 | which authorizes him or her to perform medical | ||||||
13 | examinations , to the effect that the operation of a motor | ||||||
14 | vehicle by the
person would not be inimical to the public | ||||||
15 | safety;
| ||||||
16 | 9. To any person, as a driver, who is 69 years of age | ||||||
17 | or older, unless
the person has successfully complied with | ||||||
18 | the provisions of Section 6-109;
| ||||||
19 | 10. To any person convicted, within 12 months of | ||||||
20 | application for a
license, of any of the sexual offenses | ||||||
21 | enumerated in paragraph 2 of subsection
(b) of Section | ||||||
22 | 6-205;
| ||||||
23 | 11. To any person who is under the age of 21 years with | ||||||
24 | a classification
prohibited in paragraph (b) of Section | ||||||
25 | 6-104 and to any person who is under
the age of 18 years | ||||||
26 | with a classification prohibited in paragraph (c) of
|
| |||||||
| |||||||
1 | Section 6-104;
| ||||||
2 | 12. To any person who has been either convicted of or | ||||||
3 | adjudicated under
the Juvenile Court Act of 1987 based upon | ||||||
4 | a violation of the Cannabis Control
Act, the Illinois | ||||||
5 | Controlled Substances Act, or the Methamphetamine Control | ||||||
6 | and Community Protection Act while that person was in | ||||||
7 | actual
physical control of a motor vehicle. For purposes of | ||||||
8 | this Section, any person
placed on probation under Section | ||||||
9 | 10 of the Cannabis Control Act, Section 410
of the Illinois | ||||||
10 | Controlled Substances Act, or Section 70 of the | ||||||
11 | Methamphetamine Control and Community Protection Act shall | ||||||
12 | not be considered convicted.
Any person found guilty of | ||||||
13 | this offense, while in actual physical control of a
motor | ||||||
14 | vehicle, shall have an entry made in the court record by | ||||||
15 | the judge that
this offense did occur while the person was | ||||||
16 | in actual physical control of a
motor vehicle and order the | ||||||
17 | clerk of the court to report the violation to the
Secretary | ||||||
18 | of State as such. The Secretary of State shall not issue a | ||||||
19 | new
license or permit for a period of one year;
| ||||||
20 | 13. To any person who is under the age of 18 years and | ||||||
21 | who has committed
the offense
of operating a motor vehicle | ||||||
22 | without a valid license or permit in violation of
Section | ||||||
23 | 6-101 or a similar out of state offense;
| ||||||
24 | 14. To any person who is
90 days or more
delinquent in | ||||||
25 | court ordered child support
payments or has been | ||||||
26 | adjudicated in arrears
in an amount equal to 90 days' |
| |||||||
| |||||||
1 | obligation or more
and who has been found in contempt
of
| ||||||
2 | court for failure to pay the support, subject to the | ||||||
3 | requirements and
procedures of Article VII of Chapter 7 of
| ||||||
4 | the Illinois Vehicle Code;
| ||||||
5 | 14.5. To any person certified by the Illinois | ||||||
6 | Department of Healthcare and Family Services as being 90 | ||||||
7 | days or more delinquent in payment of support under an | ||||||
8 | order of support entered by a court or administrative body | ||||||
9 | of this or any other State, subject to the requirements and | ||||||
10 | procedures of Article VII of Chapter 7 of this Code | ||||||
11 | regarding those certifications;
| ||||||
12 | 15. To any person released from a term of imprisonment | ||||||
13 | for violating
Section 9-3 of the Criminal Code of 1961 or | ||||||
14 | the Criminal Code of 2012, or a similar provision of a law | ||||||
15 | of another state relating to reckless homicide or for | ||||||
16 | violating subparagraph (F) of paragraph (1) of subsection | ||||||
17 | (d) of Section 11-501 of this Code relating to aggravated | ||||||
18 | driving under the influence of alcohol, other drug or | ||||||
19 | drugs, intoxicating compound or compounds, or any | ||||||
20 | combination thereof, if the violation was the proximate | ||||||
21 | cause of a death, within
24 months of release from a term | ||||||
22 | of imprisonment;
| ||||||
23 | 16. To any person who, with intent to influence any act | ||||||
24 | related to the issuance of any driver's license or permit, | ||||||
25 | by an employee of the Secretary of State's Office, or the | ||||||
26 | owner or employee of any commercial driver training school |
| |||||||
| |||||||
1 | licensed by the Secretary of State, or any other individual | ||||||
2 | authorized by the laws of this State to give driving | ||||||
3 | instructions or administer all or part of a driver's | ||||||
4 | license examination, promises or tenders to that person any | ||||||
5 | property or personal advantage which that person is not | ||||||
6 | authorized by law to accept. Any persons promising or | ||||||
7 | tendering such property or personal advantage shall be | ||||||
8 | disqualified from holding any class of driver's license or | ||||||
9 | permit for 120 consecutive days. The Secretary of State | ||||||
10 | shall establish by rule the procedures for implementing | ||||||
11 | this period of disqualification and the procedures by which | ||||||
12 | persons so disqualified may obtain administrative review | ||||||
13 | of the decision to disqualify;
| ||||||
14 | 17. To any person for whom the Secretary of State | ||||||
15 | cannot verify the
accuracy of any information or | ||||||
16 | documentation submitted in application for a
driver's | ||||||
17 | license; or
| ||||||
18 | 18. To any person who has been adjudicated under the | ||||||
19 | Juvenile Court Act of 1987 based upon an offense that is | ||||||
20 | determined by the court to have been committed in | ||||||
21 | furtherance of the criminal activities of an organized | ||||||
22 | gang, as provided in Section 5-710 of that Act, and that | ||||||
23 | involved the operation or use of a motor vehicle or the use | ||||||
24 | of a driver's license or permit. The person shall be denied | ||||||
25 | a license or permit for the period determined by the court.
| ||||||
26 | The Secretary of State shall retain all conviction
|
| |||||||
| |||||||
1 | information, if the information is required to be held | ||||||
2 | confidential under
the Juvenile Court Act of 1987. | ||||||
3 | (Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13; | ||||||
4 | 98-167, eff. 7-1-14; 98-756, eff. 7-16-14.)
| ||||||
5 | (625 ILCS 5/6-106.1)
| ||||||
6 | Sec. 6-106.1. School bus driver permit.
| ||||||
7 | (a) The Secretary of State shall issue a school bus driver
| ||||||
8 | permit to those applicants who have met all the requirements of | ||||||
9 | the
application and screening process under this Section to | ||||||
10 | insure the
welfare and safety of children who are transported | ||||||
11 | on school buses
throughout the State of Illinois. Applicants | ||||||
12 | shall obtain the
proper application required by the Secretary | ||||||
13 | of State from their
prospective or current employer and submit | ||||||
14 | the completed
application to the prospective or current | ||||||
15 | employer along
with the necessary fingerprint submission as | ||||||
16 | required by the
Department of
State Police to conduct | ||||||
17 | fingerprint based criminal background
checks on current and | ||||||
18 | future information available in the state
system and current | ||||||
19 | information available through the Federal Bureau
of | ||||||
20 | Investigation's system. Applicants who have completed the
| ||||||
21 | fingerprinting requirements shall not be subjected to the
| ||||||
22 | fingerprinting process when applying for subsequent permits or
| ||||||
23 | submitting proof of successful completion of the annual | ||||||
24 | refresher
course. Individuals who on the effective date of this | ||||||
25 | Act possess a valid
school bus driver permit that has been |
| |||||||
| |||||||
1 | previously issued by the appropriate
Regional School | ||||||
2 | Superintendent are not subject to the fingerprinting
| ||||||
3 | provisions of this Section as long as the permit remains valid | ||||||
4 | and does not
lapse. The applicant shall be required to pay all | ||||||
5 | related
application and fingerprinting fees as established by | ||||||
6 | rule
including, but not limited to, the amounts established by | ||||||
7 | the Department of
State Police and the Federal Bureau of | ||||||
8 | Investigation to process
fingerprint based criminal background | ||||||
9 | investigations. All fees paid for
fingerprint processing | ||||||
10 | services under this Section shall be deposited into the
State | ||||||
11 | Police Services Fund for the cost incurred in processing the | ||||||
12 | fingerprint
based criminal background investigations. All | ||||||
13 | other fees paid under this
Section shall be deposited into the | ||||||
14 | Road
Fund for the purpose of defraying the costs of the | ||||||
15 | Secretary of State in
administering this Section. All | ||||||
16 | applicants must:
| ||||||
17 | 1. be 21 years of age or older;
| ||||||
18 | 2. possess a valid and properly classified driver's | ||||||
19 | license
issued by the Secretary of State;
| ||||||
20 | 3. possess a valid driver's license, which has not been
| ||||||
21 | revoked, suspended, or canceled for 3 years immediately | ||||||
22 | prior to
the date of application, or have not had his or | ||||||
23 | her commercial motor vehicle
driving privileges
| ||||||
24 | disqualified within the 3 years immediately prior to the | ||||||
25 | date of application;
| ||||||
26 | 4. successfully pass a written test, administered by |
| |||||||
| |||||||
1 | the
Secretary of State, on school bus operation, school bus | ||||||
2 | safety, and
special traffic laws relating to school buses | ||||||
3 | and submit to a review
of the applicant's driving habits by | ||||||
4 | the Secretary of State at the time the
written test is | ||||||
5 | given;
| ||||||
6 | 5. demonstrate ability to exercise reasonable care in | ||||||
7 | the operation of
school buses in accordance with rules | ||||||
8 | promulgated by the Secretary of State;
| ||||||
9 | 6. demonstrate physical fitness to operate school | ||||||
10 | buses by
submitting the results of a medical examination, | ||||||
11 | including tests for drug
use for each applicant not subject | ||||||
12 | to such testing pursuant to
federal law, conducted by a | ||||||
13 | licensed physician, an advanced practice nurse
who has a | ||||||
14 | written collaborative agreement with
a collaborating | ||||||
15 | physician which authorizes him or her to perform medical
| ||||||
16 | examinations , or a physician assistant who has been | ||||||
17 | delegated the
performance of medical examinations by his or | ||||||
18 | her supervising physician
within 90 days of the date
of | ||||||
19 | application according to standards promulgated by the | ||||||
20 | Secretary of State;
| ||||||
21 | 7. affirm under penalties of perjury that he or she has | ||||||
22 | not made a
false statement or knowingly concealed a | ||||||
23 | material fact
in any application for permit;
| ||||||
24 | 8. have completed an initial classroom course, | ||||||
25 | including first aid
procedures, in school bus driver safety | ||||||
26 | as promulgated by the Secretary of
State; and after |
| |||||||
| |||||||
1 | satisfactory completion of said initial course an annual
| ||||||
2 | refresher course; such courses and the agency or | ||||||
3 | organization conducting such
courses shall be approved by | ||||||
4 | the Secretary of State; failure to
complete the annual | ||||||
5 | refresher course, shall result in
cancellation of the | ||||||
6 | permit until such course is completed;
| ||||||
7 | 9. not have been under an order of court supervision | ||||||
8 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
9 | defined by rule, within one year prior to the date of | ||||||
10 | application that may
endanger the life or safety of any of | ||||||
11 | the driver's passengers within the
duration of the permit | ||||||
12 | period;
| ||||||
13 | 10. not have been under an order of court supervision | ||||||
14 | for or convicted of reckless driving, aggravated reckless | ||||||
15 | driving, driving while under the influence of alcohol, | ||||||
16 | other drug or drugs, intoxicating compound or compounds or | ||||||
17 | any combination thereof, or reckless homicide resulting | ||||||
18 | from the operation of a motor
vehicle within 3 years of the | ||||||
19 | date of application;
| ||||||
20 | 11. not have been convicted of committing or attempting
| ||||||
21 | to commit any
one or more of the following offenses: (i) | ||||||
22 | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | ||||||
23 | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | ||||||
24 | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||||||
25 | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||||||
26 | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, |
| |||||||
| |||||||
1 | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||||||
2 | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | ||||||
3 | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | ||||||
4 | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||||||
5 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | ||||||
6 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||||||
7 | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | ||||||
8 | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| ||||||
9 | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||||||
10 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||||||
11 | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, | ||||||
12 | 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section | ||||||
13 | 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), | ||||||
14 | (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and | ||||||
15 | in subsection (a) and subsection (b), clause (1), of | ||||||
16 | Section
12-4, and in subsection (A), clauses (a) and (b), | ||||||
17 | of Section 24-3, and those offenses contained in Article | ||||||
18 | 29D of the Criminal Code of 1961 or the Criminal Code of | ||||||
19 | 2012; (ii) those offenses defined in the
Cannabis Control | ||||||
20 | Act except those offenses defined in subsections (a) and
| ||||||
21 | (b) of Section 4, and subsection (a) of Section 5 of the | ||||||
22 | Cannabis Control
Act; (iii) those offenses defined in the | ||||||
23 | Illinois Controlled Substances
Act; (iv) those offenses | ||||||
24 | defined in the Methamphetamine Control and Community | ||||||
25 | Protection Act; (v) any offense committed or attempted in | ||||||
26 | any other state or against
the laws of the United States, |
| |||||||
| |||||||
1 | which if committed or attempted in this
State would be | ||||||
2 | punishable as one or more of the foregoing offenses; (vi)
| ||||||
3 | the offenses defined in Section 4.1 and 5.1 of the Wrongs | ||||||
4 | to Children Act or Section 11-9.1A of the Criminal Code of | ||||||
5 | 1961 or the Criminal Code of 2012; (vii) those offenses | ||||||
6 | defined in Section 6-16 of the Liquor Control Act of
1934;
| ||||||
7 | and (viii) those offenses defined in the Methamphetamine | ||||||
8 | Precursor Control Act;
| ||||||
9 | 12. not have been repeatedly involved as a driver in | ||||||
10 | motor vehicle
collisions or been repeatedly convicted of | ||||||
11 | offenses against
laws and ordinances regulating the | ||||||
12 | movement of traffic, to a degree which
indicates lack of | ||||||
13 | ability to exercise ordinary and reasonable care in the
| ||||||
14 | safe operation of a motor vehicle or disrespect for the | ||||||
15 | traffic laws and
the safety of other persons upon the | ||||||
16 | highway;
| ||||||
17 | 13. not have, through the unlawful operation of a motor
| ||||||
18 | vehicle, caused an accident resulting in the death of any | ||||||
19 | person;
| ||||||
20 | 14. not have, within the last 5 years, been adjudged to | ||||||
21 | be
afflicted with or suffering from any mental disability | ||||||
22 | or disease; and
| ||||||
23 | 15. consent, in writing, to the release of results of | ||||||
24 | reasonable suspicion drug and alcohol testing under | ||||||
25 | Section 6-106.1c of this Code by the employer of the | ||||||
26 | applicant to the Secretary of State. |
| |||||||
| |||||||
1 | (b) A school bus driver permit shall be valid for a period | ||||||
2 | specified by
the Secretary of State as set forth by rule. It | ||||||
3 | shall be renewable upon compliance with subsection (a) of this
| ||||||
4 | Section.
| ||||||
5 | (c) A school bus driver permit shall contain the holder's | ||||||
6 | driver's
license number, legal name, residence address, zip | ||||||
7 | code, and date
of birth, a brief description of the holder and | ||||||
8 | a space for signature. The
Secretary of State may require a | ||||||
9 | suitable photograph of the holder.
| ||||||
10 | (d) The employer shall be responsible for conducting a | ||||||
11 | pre-employment
interview with prospective school bus driver | ||||||
12 | candidates, distributing school
bus driver applications and | ||||||
13 | medical forms to be completed by the applicant, and
submitting | ||||||
14 | the applicant's fingerprint cards to the Department of State | ||||||
15 | Police
that are required for the criminal background | ||||||
16 | investigations. The employer
shall certify in writing to the | ||||||
17 | Secretary of State that all pre-employment
conditions have been | ||||||
18 | successfully completed including the successful completion
of | ||||||
19 | an Illinois specific criminal background investigation through | ||||||
20 | the
Department of State Police and the submission of necessary
| ||||||
21 | fingerprints to the Federal Bureau of Investigation for | ||||||
22 | criminal
history information available through the Federal | ||||||
23 | Bureau of
Investigation system. The applicant shall present the
| ||||||
24 | certification to the Secretary of State at the time of | ||||||
25 | submitting
the school bus driver permit application.
| ||||||
26 | (e) Permits shall initially be provisional upon receiving
|
| |||||||
| |||||||
1 | certification from the employer that all pre-employment | ||||||
2 | conditions
have been successfully completed, and upon | ||||||
3 | successful completion of
all training and examination | ||||||
4 | requirements for the classification of
the vehicle to be | ||||||
5 | operated, the Secretary of State shall
provisionally issue a | ||||||
6 | School Bus Driver Permit. The permit shall
remain in a | ||||||
7 | provisional status pending the completion of the
Federal Bureau | ||||||
8 | of Investigation's criminal background investigation based
| ||||||
9 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
10 | of
Investigation by the Department of State Police. The Federal | ||||||
11 | Bureau of
Investigation shall report the findings directly to | ||||||
12 | the Secretary
of State. The Secretary of State shall remove the | ||||||
13 | bus driver
permit from provisional status upon the applicant's | ||||||
14 | successful
completion of the Federal Bureau of Investigation's | ||||||
15 | criminal
background investigation.
| ||||||
16 | (f) A school bus driver permit holder shall notify the
| ||||||
17 | employer and the Secretary of State if he or she is issued an | ||||||
18 | order of court supervision for or convicted in
another state of | ||||||
19 | an offense that would make him or her ineligible
for a permit | ||||||
20 | under subsection (a) of this Section. The
written notification | ||||||
21 | shall be made within 5 days of the entry of
the order of court | ||||||
22 | supervision or conviction. Failure of the permit holder to | ||||||
23 | provide the
notification is punishable as a petty
offense for a | ||||||
24 | first violation and a Class B misdemeanor for a
second or | ||||||
25 | subsequent violation.
| ||||||
26 | (g) Cancellation; suspension; notice and procedure.
|
| |||||||
| |||||||
1 | (1) The Secretary of State shall cancel a school bus
| ||||||
2 | driver permit of an applicant whose criminal background | ||||||
3 | investigation
discloses that he or she is not in compliance | ||||||
4 | with the provisions of subsection
(a) of this Section.
| ||||||
5 | (2) The Secretary of State shall cancel a school
bus | ||||||
6 | driver permit when he or she receives notice that the | ||||||
7 | permit holder fails
to comply with any provision of this | ||||||
8 | Section or any rule promulgated for the
administration of | ||||||
9 | this Section.
| ||||||
10 | (3) The Secretary of State shall cancel a school bus
| ||||||
11 | driver permit if the permit holder's restricted commercial | ||||||
12 | or
commercial driving privileges are withdrawn or | ||||||
13 | otherwise
invalidated.
| ||||||
14 | (4) The Secretary of State may not issue a school bus
| ||||||
15 | driver permit for a period of 3 years to an applicant who | ||||||
16 | fails to
obtain a negative result on a drug test as | ||||||
17 | required in item 6 of
subsection (a) of this Section or | ||||||
18 | under federal law.
| ||||||
19 | (5) The Secretary of State shall forthwith suspend
a | ||||||
20 | school bus driver permit for a period of 3 years upon | ||||||
21 | receiving
notice that the holder has failed to obtain a | ||||||
22 | negative result on a
drug test as required in item 6 of | ||||||
23 | subsection (a) of this Section
or under federal law.
| ||||||
24 | (6) The Secretary of State shall suspend a school bus | ||||||
25 | driver permit for a period of 3 years upon receiving notice | ||||||
26 | from the employer that the holder failed to perform the |
| |||||||
| |||||||
1 | inspection procedure set forth in subsection (a) or (b) of | ||||||
2 | Section 12-816 of this Code. | ||||||
3 | (7) The Secretary of State shall suspend a school bus | ||||||
4 | driver permit for a period of 3 years upon receiving notice | ||||||
5 | from the employer that the holder refused to submit to an | ||||||
6 | alcohol or drug test as required by Section 6-106.1c or has | ||||||
7 | submitted to a test required by that Section which | ||||||
8 | disclosed an alcohol concentration of more than 0.00 or | ||||||
9 | disclosed a positive result on a National Institute on Drug | ||||||
10 | Abuse five-drug panel, utilizing federal standards set | ||||||
11 | forth in 49 CFR 40.87. | ||||||
12 | The Secretary of State shall notify the State | ||||||
13 | Superintendent
of Education and the permit holder's | ||||||
14 | prospective or current
employer that the applicant has (1) has | ||||||
15 | failed a criminal
background investigation or (2) is no
longer | ||||||
16 | eligible for a school bus driver permit; and of the related
| ||||||
17 | cancellation of the applicant's provisional school bus driver | ||||||
18 | permit. The
cancellation shall remain in effect pending the | ||||||
19 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
20 | The scope of the
hearing shall be limited to the issuance | ||||||
21 | criteria contained in
subsection (a) of this Section. A | ||||||
22 | petition requesting a
hearing shall be submitted to the | ||||||
23 | Secretary of State and shall
contain the reason the individual | ||||||
24 | feels he or she is entitled to a
school bus driver permit. The | ||||||
25 | permit holder's
employer shall notify in writing to the | ||||||
26 | Secretary of State
that the employer has certified the removal |
| |||||||
| |||||||
1 | of the offending school
bus driver from service prior to the | ||||||
2 | start of that school bus
driver's next workshift. An employing | ||||||
3 | school board that fails to
remove the offending school bus | ||||||
4 | driver from service is
subject to the penalties defined in | ||||||
5 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
6 | violates a provision of this Section is
subject to the | ||||||
7 | penalties defined in Section 6-106.11.
| ||||||
8 | All valid school bus driver permits issued under this | ||||||
9 | Section
prior to January 1, 1995, shall remain effective until | ||||||
10 | their
expiration date unless otherwise invalidated.
| ||||||
11 | (h) When a school bus driver permit holder who is a service | ||||||
12 | member is called to active duty, the employer of the permit | ||||||
13 | holder shall notify the Secretary of State, within 30 days of | ||||||
14 | notification from the permit holder, that the permit holder has | ||||||
15 | been called to active duty. Upon notification pursuant to this | ||||||
16 | subsection, (i) the Secretary of State shall characterize the | ||||||
17 | permit as inactive until a permit holder renews the permit as | ||||||
18 | provided in subsection (i) of this Section, and (ii) if a | ||||||
19 | permit holder fails to comply with the requirements of this | ||||||
20 | Section while called to active duty, the Secretary of State | ||||||
21 | shall not characterize the permit as invalid. | ||||||
22 | (i) A school bus driver permit holder who is a service | ||||||
23 | member returning from active duty must, within 90 days, renew a | ||||||
24 | permit characterized as inactive pursuant to subsection (h) of | ||||||
25 | this Section by complying with the renewal requirements of | ||||||
26 | subsection (b) of this Section. |
| |||||||
| |||||||
1 | (j) For purposes of subsections (h) and (i) of this | ||||||
2 | Section: | ||||||
3 | "Active duty" means active duty pursuant to an executive | ||||||
4 | order of the President of the United States, an act of the | ||||||
5 | Congress of the United States, or an order of the Governor. | ||||||
6 | "Service member" means a member of the Armed Services or | ||||||
7 | reserve forces of the United States or a member of the Illinois | ||||||
8 | National Guard. | ||||||
9 | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | ||||||
10 | 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. | ||||||
11 | 7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551, | ||||||
12 | Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11; | ||||||
13 | 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff. | ||||||
14 | 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | ||||||
15 | eff. 1-25-13.)
| ||||||
16 | (625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
| ||||||
17 | Sec. 6-901. Definitions. For the purposes of this
Article:
| ||||||
18 | "Board" means the Driver's License Medical Advisory Board.
| ||||||
19 | "Medical examiner" or "medical practitioner" means: | ||||||
20 | (i) any
person licensed to practice medicine in all its | ||||||
21 | branches in
the State of Illinois or any other state;
| ||||||
22 | (ii) a licensed physician assistant who has been | ||||||
23 | delegated the performance of medical examinations by his or | ||||||
24 | her supervising physician; or | ||||||
25 | (iii) a licensed advanced practice nurse who has a |
| |||||||
| |||||||
1 | written collaborative agreement with a collaborating | ||||||
2 | physician which authorizes him or her to perform medical | ||||||
3 | examinations . | ||||||
4 | (Source: P.A. 96-962, eff. 7-2-10; 97-185, eff. 7-22-11.)
| ||||||
5 | Section 140. The Illinois Controlled Substances Act is | ||||||
6 | amended by changing Sections 102 and 303.05 as follows: | ||||||
7 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
8 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
9 | context
otherwise requires:
| ||||||
10 | (a) "Addict" means any person who habitually uses any drug, | ||||||
11 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
12 | to endanger the public
morals, health, safety or welfare or who | ||||||
13 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
14 | substance other than alcohol as to have lost
the power of self | ||||||
15 | control with reference to his or her addiction.
| ||||||
16 | (b) "Administer" means the direct application of a | ||||||
17 | controlled
substance, whether by injection, inhalation, | ||||||
18 | ingestion, or any other
means, to the body of a patient, | ||||||
19 | research subject, or animal (as
defined by the Humane | ||||||
20 | Euthanasia in Animal Shelters Act) by:
| ||||||
21 | (1) a practitioner (or, in his or her presence, by his | ||||||
22 | or her authorized agent),
| ||||||
23 | (2) the patient or research subject pursuant to an | ||||||
24 | order, or
|
| |||||||
| |||||||
1 | (3) a euthanasia technician as defined by the Humane | ||||||
2 | Euthanasia in
Animal Shelters Act.
| ||||||
3 | (c) "Agent" means an authorized person who acts on behalf | ||||||
4 | of or at
the direction of a manufacturer, distributor, | ||||||
5 | dispenser, prescriber, or practitioner. It does not
include a | ||||||
6 | common or contract carrier, public warehouseman or employee of
| ||||||
7 | the carrier or warehouseman.
| ||||||
8 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
9 | substance,
chemically and pharmacologically related to | ||||||
10 | testosterone (other than
estrogens, progestins, | ||||||
11 | corticosteroids, and dehydroepiandrosterone),
and includes:
| ||||||
12 | (i) 3[beta],17-dihydroxy-5a-androstane, | ||||||
13 | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||||||
14 | (iii) 5[alpha]-androstan-3,17-dione, | ||||||
15 | (iv) 1-androstenediol (3[beta], | ||||||
16 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
17 | (v) 1-androstenediol (3[alpha], | ||||||
18 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
19 | (vi) 4-androstenediol | ||||||
20 | (3[beta],17[beta]-dihydroxy-androst-4-ene), | ||||||
21 | (vii) 5-androstenediol | ||||||
22 | (3[beta],17[beta]-dihydroxy-androst-5-ene), | ||||||
23 | (viii) 1-androstenedione | ||||||
24 | ([5alpha]-androst-1-en-3,17-dione), | ||||||
25 | (ix) 4-androstenedione | ||||||
26 | (androst-4-en-3,17-dione), |
| |||||||
| |||||||
1 | (x) 5-androstenedione | ||||||
2 | (androst-5-en-3,17-dione), | ||||||
3 | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||||||
4 | hydroxyandrost-4-en-3-one), | ||||||
5 | (xii) boldenone (17[beta]-hydroxyandrost- | ||||||
6 | 1,4,-diene-3-one), | ||||||
7 | (xiii) boldione (androsta-1,4- | ||||||
8 | diene-3,17-dione), | ||||||
9 | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||||||
10 | [beta]-hydroxyandrost-4-en-3-one), | ||||||
11 | (xv) clostebol (4-chloro-17[beta]- | ||||||
12 | hydroxyandrost-4-en-3-one), | ||||||
13 | (xvi) dehydrochloromethyltestosterone (4-chloro- | ||||||
14 | 17[beta]-hydroxy-17[alpha]-methyl- | ||||||
15 | androst-1,4-dien-3-one), | ||||||
16 | (xvii) desoxymethyltestosterone | ||||||
17 | (17[alpha]-methyl-5[alpha] | ||||||
18 | -androst-2-en-17[beta]-ol)(a.k.a., madol), | ||||||
19 | (xviii) [delta]1-dihydrotestosterone (a.k.a. | ||||||
20 | '1-testosterone') (17[beta]-hydroxy- | ||||||
21 | 5[alpha]-androst-1-en-3-one), | ||||||
22 | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||||||
23 | androstan-3-one), | ||||||
24 | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||||||
25 | 5[alpha]-androstan-3-one), | ||||||
26 | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- |
| |||||||
| |||||||
1 | hydroxyestr-4-ene), | ||||||
2 | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||||||
3 | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||||||
4 | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||||||
5 | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||||||
6 | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||||||
7 | hydroxyandrostano[2,3-c]-furazan), | ||||||
8 | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | ||||||
9 | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||||||
10 | androst-4-en-3-one), | ||||||
11 | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||||||
12 | dihydroxy-estr-4-en-3-one), | ||||||
13 | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||||||
14 | hydroxy-5-androstan-3-one), | ||||||
15 | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||||||
16 | [5a]-androstan-3-one), | ||||||
17 | (xxx) methandienone (17[alpha]-methyl-17[beta]- | ||||||
18 | hydroxyandrost-1,4-dien-3-one), | ||||||
19 | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||||||
20 | dihydroxyandrost-5-ene), | ||||||
21 | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||||||
22 | 5[alpha]-androst-1-en-3-one), | ||||||
23 | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||||||
24 | dihydroxy-5a-androstane), | ||||||
25 | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||||||
26 | -5a-androstane), |
| |||||||
| |||||||
1 | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||||||
2 | dihydroxyandrost-4-ene), | ||||||
3 | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||||||
4 | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||||||
5 | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||||||
6 | hydroxyestra-4,9(10)-dien-3-one), | ||||||
7 | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||||||
8 | hydroxyestra-4,9-11-trien-3-one), | ||||||
9 | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||||||
10 | hydroxyandrost-4-en-3-one), | ||||||
11 | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||||||
12 | hydroxyestr-4-en-3-one), | ||||||
13 | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||||||
14 | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||||||
15 | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||||||
16 | 1-testosterone'), | ||||||
17 | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||||||
18 | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||||||
19 | dihydroxyestr-4-ene), | ||||||
20 | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||||||
21 | dihydroxyestr-4-ene), | ||||||
22 | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||||||
23 | dihydroxyestr-5-ene), | ||||||
24 | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||||||
25 | dihydroxyestr-5-ene), | ||||||
26 | (xlvii) 19-nor-4,9(10)-androstadienedione |
| |||||||
| |||||||
1 | (estra-4,9(10)-diene-3,17-dione), | ||||||
2 | (xlviii) 19-nor-4-androstenedione (estr-4- | ||||||
3 | en-3,17-dione), | ||||||
4 | (xlix) 19-nor-5-androstenedione (estr-5- | ||||||
5 | en-3,17-dione), | ||||||
6 | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||||||
7 | hydroxygon-4-en-3-one), | ||||||
8 | (li) norclostebol (4-chloro-17[beta]- | ||||||
9 | hydroxyestr-4-en-3-one), | ||||||
10 | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||||||
11 | hydroxyestr-4-en-3-one), | ||||||
12 | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||||||
13 | hydroxyestr-4-en-3-one), | ||||||
14 | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
15 | 2-oxa-5[alpha]-androstan-3-one), | ||||||
16 | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||||||
17 | dihydroxyandrost-4-en-3-one), | ||||||
18 | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||||||
19 | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||||||
20 | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
21 | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||||||
22 | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||||||
23 | (5[alpha]-androst-1-en-3-one), | ||||||
24 | (lix) testolactone (13-hydroxy-3-oxo-13,17- | ||||||
25 | secoandrosta-1,4-dien-17-oic | ||||||
26 | acid lactone), |
| |||||||
| |||||||
1 | (lx) testosterone (17[beta]-hydroxyandrost- | ||||||
2 | 4-en-3-one), | ||||||
3 | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||||||
4 | diethyl-17[beta]-hydroxygon- | ||||||
5 | 4,9,11-trien-3-one), | ||||||
6 | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||||||
7 | 11-trien-3-one).
| ||||||
8 | Any person who is otherwise lawfully in possession of an | ||||||
9 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
10 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
11 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
12 | expressly intended for and lawfully allowed to be
administered | ||||||
13 | through implants to livestock or other nonhuman species, and
| ||||||
14 | which is approved by the Secretary of Health and Human Services | ||||||
15 | for such
administration, and which the person intends to | ||||||
16 | administer or have
administered through such implants, shall | ||||||
17 | not be considered to be in
unauthorized possession or to | ||||||
18 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
19 | possess with intent to deliver such anabolic steroid for
| ||||||
20 | purposes of this Act.
| ||||||
21 | (d) "Administration" means the Drug Enforcement | ||||||
22 | Administration,
United States Department of Justice, or its | ||||||
23 | successor agency.
| ||||||
24 | (d-5) "Clinical Director, Prescription Monitoring Program" | ||||||
25 | means a Department of Human Services administrative employee | ||||||
26 | licensed to either prescribe or dispense controlled substances |
| |||||||
| |||||||
1 | who shall run the clinical aspects of the Department of Human | ||||||
2 | Services Prescription Monitoring Program and its Prescription | ||||||
3 | Information Library. | ||||||
4 | (d-10) "Compounding" means the preparation and mixing of | ||||||
5 | components, excluding flavorings, (1) as the result of a | ||||||
6 | prescriber's prescription drug order or initiative based on the | ||||||
7 | prescriber-patient-pharmacist relationship in the course of | ||||||
8 | professional practice or (2) for the purpose of, or incident | ||||||
9 | to, research, teaching, or chemical analysis and not for sale | ||||||
10 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
11 | or devices in anticipation of receiving prescription drug | ||||||
12 | orders based on routine, regularly observed dispensing | ||||||
13 | patterns. Commercially available products may be compounded | ||||||
14 | for dispensing to individual patients only if both of the | ||||||
15 | following conditions are met: (i) the commercial product is not | ||||||
16 | reasonably available from normal distribution channels in a | ||||||
17 | timely manner to meet the patient's needs and (ii) the | ||||||
18 | prescribing practitioner has requested that the drug be | ||||||
19 | compounded. | ||||||
20 | (e) "Control" means to add a drug or other substance, or | ||||||
21 | immediate
precursor, to a Schedule whether by
transfer from | ||||||
22 | another Schedule or otherwise.
| ||||||
23 | (f) "Controlled Substance" means (i) a drug, substance, or | ||||||
24 | immediate
precursor in the Schedules of Article II of this Act | ||||||
25 | or (ii) a drug or other substance, or immediate precursor, | ||||||
26 | designated as a controlled substance by the Department through |
| |||||||
| |||||||
1 | administrative rule. The term does not include distilled | ||||||
2 | spirits, wine, malt beverages, or tobacco, as those terms are
| ||||||
3 | defined or used in the Liquor Control Act of 1934 and the | ||||||
4 | Tobacco Products Tax
Act of 1995.
| ||||||
5 | (f-5) "Controlled substance analog" means a substance: | ||||||
6 | (1) the chemical structure of which is substantially | ||||||
7 | similar to the chemical structure of a controlled substance | ||||||
8 | in Schedule I or II; | ||||||
9 | (2) which has a stimulant, depressant, or | ||||||
10 | hallucinogenic effect on the central nervous system that is | ||||||
11 | substantially similar to or greater than the stimulant, | ||||||
12 | depressant, or hallucinogenic effect on the central | ||||||
13 | nervous system of a controlled substance in Schedule I or | ||||||
14 | II; or | ||||||
15 | (3) with respect to a particular person, which such | ||||||
16 | person represents or intends to have a stimulant, | ||||||
17 | depressant, or hallucinogenic effect on the central | ||||||
18 | nervous system that is substantially similar to or greater | ||||||
19 | than the stimulant, depressant, or hallucinogenic effect | ||||||
20 | on the central nervous system of a controlled substance in | ||||||
21 | Schedule I or II. | ||||||
22 | (g) "Counterfeit substance" means a controlled substance, | ||||||
23 | which, or
the container or labeling of which, without | ||||||
24 | authorization bears the
trademark, trade name, or other | ||||||
25 | identifying mark, imprint, number or
device, or any likeness | ||||||
26 | thereof, of a manufacturer, distributor, or
dispenser other |
| |||||||
| |||||||
1 | than the person who in fact manufactured, distributed,
or | ||||||
2 | dispensed the substance.
| ||||||
3 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
4 | or
attempted transfer of possession of a controlled substance, | ||||||
5 | with or
without consideration, whether or not there is an | ||||||
6 | agency relationship.
| ||||||
7 | (i) "Department" means the Illinois Department of Human | ||||||
8 | Services (as
successor to the Department of Alcoholism and | ||||||
9 | Substance Abuse) or its successor agency.
| ||||||
10 | (j) (Blank).
| ||||||
11 | (k) "Department of Corrections" means the Department of | ||||||
12 | Corrections
of the State of Illinois or its successor agency.
| ||||||
13 | (l) "Department of Financial and Professional Regulation" | ||||||
14 | means the Department
of Financial and Professional Regulation | ||||||
15 | of the State of Illinois or its successor agency.
| ||||||
16 | (m) "Depressant" means any drug that (i) causes an overall | ||||||
17 | depression of central nervous system functions, (ii) causes | ||||||
18 | impaired consciousness and awareness, and (iii) can be | ||||||
19 | habit-forming or lead to a substance abuse problem, including | ||||||
20 | but not limited to alcohol, cannabis and its active principles | ||||||
21 | and their analogs, benzodiazepines and their analogs, | ||||||
22 | barbiturates and their analogs, opioids (natural and | ||||||
23 | synthetic) and their analogs, and chloral hydrate and similar | ||||||
24 | sedative hypnotics.
| ||||||
25 | (n) (Blank).
| ||||||
26 | (o) "Director" means the Director of the Illinois State |
| |||||||
| |||||||
1 | Police or his or her designated agents.
| ||||||
2 | (p) "Dispense" means to deliver a controlled substance to | ||||||
3 | an
ultimate user or research subject by or pursuant to the | ||||||
4 | lawful order of
a prescriber, including the prescribing, | ||||||
5 | administering, packaging,
labeling, or compounding necessary | ||||||
6 | to prepare the substance for that
delivery.
| ||||||
7 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
8 | (r) "Distribute" means to deliver, other than by | ||||||
9 | administering or
dispensing, a controlled substance.
| ||||||
10 | (s) "Distributor" means a person who distributes.
| ||||||
11 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
12 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
13 | Pharmacopoeia of the
United States, or official National | ||||||
14 | Formulary, or any supplement to any
of them; (2) substances | ||||||
15 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
16 | prevention of disease in man or animals; (3) substances
(other | ||||||
17 | than food) intended to affect the structure of any function of
| ||||||
18 | the body of man or animals and (4) substances intended for use | ||||||
19 | as a
component of any article specified in clause (1), (2), or | ||||||
20 | (3) of this
subsection. It does not include devices or their | ||||||
21 | components, parts, or
accessories.
| ||||||
22 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
23 | Department of Financial and Professional Regulation for the
| ||||||
24 | purpose of animal euthanasia that holds an animal control | ||||||
25 | facility license or
animal
shelter license under the Animal | ||||||
26 | Welfare Act. A euthanasia agency is
authorized to purchase, |
| |||||||
| |||||||
1 | store, possess, and utilize Schedule II nonnarcotic and
| ||||||
2 | Schedule III nonnarcotic drugs for the sole purpose of animal | ||||||
3 | euthanasia.
| ||||||
4 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
5 | substances
(nonnarcotic controlled substances) that are used | ||||||
6 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
7 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
8 | controlled
substance by a practitioner in the regular course of | ||||||
9 | professional
treatment to or for any person who is under his or | ||||||
10 | her treatment for a
pathology or condition other than that | ||||||
11 | individual's physical or
psychological dependence upon or | ||||||
12 | addiction to a controlled substance,
except as provided herein: | ||||||
13 | and application of the term to a pharmacist
shall mean the | ||||||
14 | dispensing of a controlled substance pursuant to the
| ||||||
15 | prescriber's order which in the professional judgment of the | ||||||
16 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
17 | accepted professional
standards including, but not limited to | ||||||
18 | the following, in making the
judgment:
| ||||||
19 | (1) lack of consistency of prescriber-patient | ||||||
20 | relationship,
| ||||||
21 | (2) frequency of prescriptions for same drug by one | ||||||
22 | prescriber for
large numbers of patients,
| ||||||
23 | (3) quantities beyond those normally prescribed,
| ||||||
24 | (4) unusual dosages (recognizing that there may be | ||||||
25 | clinical circumstances where more or less than the usual | ||||||
26 | dose may be used legitimately),
|
| |||||||
| |||||||
1 | (5) unusual geographic distances between patient, | ||||||
2 | pharmacist and
prescriber,
| ||||||
3 | (6) consistent prescribing of habit-forming drugs.
| ||||||
4 | (u-0.5) "Hallucinogen" means a drug that causes markedly | ||||||
5 | altered sensory perception leading to hallucinations of any | ||||||
6 | type. | ||||||
7 | (u-1) "Home infusion services" means services provided by a | ||||||
8 | pharmacy in
compounding solutions for direct administration to | ||||||
9 | a patient in a private
residence, long-term care facility, or | ||||||
10 | hospice setting by means of parenteral,
intravenous, | ||||||
11 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
12 | (u-5) "Illinois State Police" means the State
Police of the | ||||||
13 | State of Illinois, or its successor agency. | ||||||
14 | (v) "Immediate precursor" means a substance:
| ||||||
15 | (1) which the Department has found to be and by rule | ||||||
16 | designated as
being a principal compound used, or produced | ||||||
17 | primarily for use, in the
manufacture of a controlled | ||||||
18 | substance;
| ||||||
19 | (2) which is an immediate chemical intermediary used or | ||||||
20 | likely to
be used in the manufacture of such controlled | ||||||
21 | substance; and
| ||||||
22 | (3) the control of which is necessary to prevent, | ||||||
23 | curtail or limit
the manufacture of such controlled | ||||||
24 | substance.
| ||||||
25 | (w) "Instructional activities" means the acts of teaching, | ||||||
26 | educating
or instructing by practitioners using controlled |
| |||||||
| |||||||
1 | substances within
educational facilities approved by the State | ||||||
2 | Board of Education or
its successor agency.
| ||||||
3 | (x) "Local authorities" means a duly organized State, | ||||||
4 | County or
Municipal peace unit or police force.
| ||||||
5 | (y) "Look-alike substance" means a substance, other than a | ||||||
6 | controlled
substance which (1) by overall dosage unit | ||||||
7 | appearance, including shape,
color, size, markings or lack | ||||||
8 | thereof, taste, consistency, or any other
identifying physical | ||||||
9 | characteristic of the substance, would lead a reasonable
person | ||||||
10 | to believe that the substance is a controlled substance, or (2) | ||||||
11 | is
expressly or impliedly represented to be a controlled | ||||||
12 | substance or is
distributed under circumstances which would | ||||||
13 | lead a reasonable person to
believe that the substance is a | ||||||
14 | controlled substance. For the purpose of
determining whether | ||||||
15 | the representations made or the circumstances of the
| ||||||
16 | distribution would lead a reasonable person to believe the | ||||||
17 | substance to be
a controlled substance under this clause (2) of | ||||||
18 | subsection (y), the court or
other authority may consider the | ||||||
19 | following factors in addition to any other
factor that may be | ||||||
20 | relevant:
| ||||||
21 | (a) statements made by the owner or person in control | ||||||
22 | of the substance
concerning its nature, use or effect;
| ||||||
23 | (b) statements made to the buyer or recipient that the | ||||||
24 | substance may
be resold for profit;
| ||||||
25 | (c) whether the substance is packaged in a manner | ||||||
26 | normally used for the
illegal distribution of controlled |
| |||||||
| |||||||
1 | substances;
| ||||||
2 | (d) whether the distribution or attempted distribution | ||||||
3 | included an
exchange of or demand for money or other | ||||||
4 | property as consideration, and
whether the amount of the | ||||||
5 | consideration was substantially greater than the
| ||||||
6 | reasonable retail market value of the substance.
| ||||||
7 | Clause (1) of this subsection (y) shall not apply to a | ||||||
8 | noncontrolled
substance in its finished dosage form that was | ||||||
9 | initially introduced into
commerce prior to the initial | ||||||
10 | introduction into commerce of a controlled
substance in its | ||||||
11 | finished dosage form which it may substantially resemble.
| ||||||
12 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
13 | distributing
of noncontrolled substances by persons authorized | ||||||
14 | to dispense and
distribute controlled substances under this | ||||||
15 | Act, provided that such action
would be deemed to be carried | ||||||
16 | out in good faith under subsection (u) if the
substances | ||||||
17 | involved were controlled substances.
| ||||||
18 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
19 | manufacture,
preparation, propagation, compounding, | ||||||
20 | processing, packaging, advertising
or distribution of a drug or | ||||||
21 | drugs by any person registered pursuant to
Section 510 of the | ||||||
22 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
23 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
24 | located in a state
of the United States that delivers, | ||||||
25 | dispenses or
distributes, through the United States Postal | ||||||
26 | Service or other common
carrier, to Illinois residents, any |
| |||||||
| |||||||
1 | substance which requires a prescription.
| ||||||
2 | (z) "Manufacture" means the production, preparation, | ||||||
3 | propagation,
compounding, conversion or processing of a | ||||||
4 | controlled substance other than methamphetamine, either
| ||||||
5 | directly or indirectly, by extraction from substances of | ||||||
6 | natural origin,
or independently by means of chemical | ||||||
7 | synthesis, or by a combination of
extraction and chemical | ||||||
8 | synthesis, and includes any packaging or
repackaging of the | ||||||
9 | substance or labeling of its container, except that
this term | ||||||
10 | does not include:
| ||||||
11 | (1) by an ultimate user, the preparation or compounding | ||||||
12 | of a
controlled substance for his or her own use; or
| ||||||
13 | (2) by a practitioner, or his or her authorized agent | ||||||
14 | under his or her
supervision, the preparation, | ||||||
15 | compounding, packaging, or labeling of a
controlled | ||||||
16 | substance:
| ||||||
17 | (a) as an incident to his or her administering or | ||||||
18 | dispensing of a
controlled substance in the course of | ||||||
19 | his or her professional practice; or
| ||||||
20 | (b) as an incident to lawful research, teaching or | ||||||
21 | chemical
analysis and not for sale.
| ||||||
22 | (z-1) (Blank).
| ||||||
23 | (z-5) "Medication shopping" means the conduct prohibited | ||||||
24 | under subsection (a) of Section 314.5 of this Act. | ||||||
25 | (z-10) "Mid-level practitioner" means (i) a physician | ||||||
26 | assistant who has been delegated authority to prescribe through |
| |||||||
| |||||||
1 | a written delegation of authority by a physician licensed to | ||||||
2 | practice medicine in all of its branches, in accordance with | ||||||
3 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
4 | (ii) an advanced practice nurse who has been delegated | ||||||
5 | authority to prescribe through a written delegation of | ||||||
6 | authority by a physician licensed to practice medicine in all | ||||||
7 | of its branches or by a podiatric physician, in accordance with | ||||||
8 | Section 65-40 of the Nurse Practice Act , (iii) an animal | ||||||
9 | euthanasia agency, or (iv) a prescribing psychologist. | ||||||
10 | (aa) "Narcotic drug" means any of the following, whether | ||||||
11 | produced
directly or indirectly by extraction from substances | ||||||
12 | of vegetable origin,
or independently by means of chemical | ||||||
13 | synthesis, or by a combination of
extraction and chemical | ||||||
14 | synthesis:
| ||||||
15 | (1) opium, opiates, derivatives of opium and opiates, | ||||||
16 | including their isomers, esters, ethers, salts, and salts | ||||||
17 | of isomers, esters, and ethers, whenever the existence of | ||||||
18 | such isomers, esters, ethers, and salts is possible within | ||||||
19 | the specific chemical designation; however the term | ||||||
20 | "narcotic drug" does not include the isoquinoline | ||||||
21 | alkaloids of opium;
| ||||||
22 | (2) (blank);
| ||||||
23 | (3) opium poppy and poppy straw;
| ||||||
24 | (4) coca leaves, except coca leaves and extracts of | ||||||
25 | coca leaves from which substantially all of the cocaine and | ||||||
26 | ecgonine, and their isomers, derivatives and salts, have |
| |||||||
| |||||||
1 | been removed;
| ||||||
2 | (5) cocaine, its salts, optical and geometric isomers, | ||||||
3 | and salts of isomers; | ||||||
4 | (6) ecgonine, its derivatives, their salts, isomers, | ||||||
5 | and salts of isomers; | ||||||
6 | (7) any compound, mixture, or preparation which | ||||||
7 | contains any quantity of any of the substances referred to | ||||||
8 | in subparagraphs (1) through (6). | ||||||
9 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
10 | Nurse Practice Act.
| ||||||
11 | (cc) (Blank).
| ||||||
12 | (dd) "Opiate" means any substance having an addiction | ||||||
13 | forming or
addiction sustaining liability similar to morphine | ||||||
14 | or being capable of
conversion into a drug having addiction | ||||||
15 | forming or addiction sustaining
liability.
| ||||||
16 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
17 | somniferum L., except its seeds.
| ||||||
18 | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||||||
19 | solution or other liquid form of medication intended for | ||||||
20 | administration by mouth, but the term does not include a form | ||||||
21 | of medication intended for buccal, sublingual, or transmucosal | ||||||
22 | administration. | ||||||
23 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
24 | Board of
the State of Illinois or its successor agency.
| ||||||
25 | (gg) "Person" means any individual, corporation, | ||||||
26 | mail-order pharmacy,
government or governmental subdivision or |
| |||||||
| |||||||
1 | agency, business trust, estate,
trust, partnership or | ||||||
2 | association, or any other entity.
| ||||||
3 | (hh) "Pharmacist" means any person who holds a license or | ||||||
4 | certificate of
registration as a registered pharmacist, a local | ||||||
5 | registered pharmacist
or a registered assistant pharmacist | ||||||
6 | under the Pharmacy Practice Act.
| ||||||
7 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
8 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
9 | Practice Act.
| ||||||
10 | (ii-5) "Pharmacy shopping" means the conduct prohibited | ||||||
11 | under subsection (b) of Section 314.5 of this Act. | ||||||
12 | (ii-10) "Physician" (except when the context otherwise | ||||||
13 | requires) means a person licensed to practice medicine in all | ||||||
14 | of its branches. | ||||||
15 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
16 | the opium
poppy, after mowing.
| ||||||
17 | (kk) "Practitioner" means a physician licensed to practice | ||||||
18 | medicine in all
its branches, dentist, optometrist, podiatric | ||||||
19 | physician,
veterinarian, scientific investigator, pharmacist, | ||||||
20 | physician assistant,
advanced practice nurse,
licensed | ||||||
21 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
22 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
23 | lawfully permitted by the
United States or this State to | ||||||
24 | distribute, dispense, conduct research
with respect to, | ||||||
25 | administer or use in teaching or chemical analysis, a
| ||||||
26 | controlled substance in the course of professional practice or |
| |||||||
| |||||||
1 | research.
| ||||||
2 | (ll) "Pre-printed prescription" means a written | ||||||
3 | prescription upon which
the designated drug has been indicated | ||||||
4 | prior to the time of issuance; the term does not mean a written | ||||||
5 | prescription that is individually generated by machine or | ||||||
6 | computer in the prescriber's office.
| ||||||
7 | (mm) "Prescriber" means a physician licensed to practice | ||||||
8 | medicine in all
its branches, dentist, optometrist, | ||||||
9 | prescribing psychologist licensed under Section 4.2 of the | ||||||
10 | Clinical Psychologist Licensing Act with prescriptive | ||||||
11 | authority delegated under Section 4.3 of the Clinical | ||||||
12 | Psychologist Licensing Act, podiatric physician, or
| ||||||
13 | veterinarian who issues a prescription, a physician assistant | ||||||
14 | who
issues a
prescription for a controlled substance
in | ||||||
15 | accordance
with Section 303.05, a written delegation, and a | ||||||
16 | written supervision agreement required under Section 7.5
of the
| ||||||
17 | Physician Assistant Practice Act of 1987, or an advanced | ||||||
18 | practice
nurse with prescriptive authority delegated under | ||||||
19 | Section 65-40 of the Nurse Practice Act and in accordance with | ||||||
20 | Section 303.05 , a written delegation,
and a written
| ||||||
21 | collaborative agreement under Section 65-35 of the Nurse | ||||||
22 | Practice Act .
| ||||||
23 | (nn) "Prescription" means a written, facsimile, or oral | ||||||
24 | order, or an electronic order that complies with applicable | ||||||
25 | federal requirements,
of
a physician licensed to practice | ||||||
26 | medicine in all its branches,
dentist, podiatric physician or |
| |||||||
| |||||||
1 | veterinarian for any controlled
substance, of an optometrist | ||||||
2 | for a Schedule II, III, IV, or V controlled substance in | ||||||
3 | accordance with Section 15.1 of the Illinois Optometric | ||||||
4 | Practice Act of 1987, of a prescribing psychologist licensed | ||||||
5 | under Section 4.2 of the Clinical Psychologist Licensing Act | ||||||
6 | with prescriptive authority delegated under Section 4.3 of the | ||||||
7 | Clinical Psychologist Licensing Act, of a physician assistant | ||||||
8 | for a
controlled substance
in accordance with Section 303.05, a | ||||||
9 | written delegation, and a written supervision agreement | ||||||
10 | required under
Section 7.5 of the
Physician Assistant Practice | ||||||
11 | Act of 1987, or of an advanced practice
nurse with prescriptive | ||||||
12 | authority delegated under Section 65-40 of the Nurse Practice | ||||||
13 | Act who issues a prescription for a
controlled substance in | ||||||
14 | accordance
with
Section 303.05 , a written delegation, and a | ||||||
15 | written collaborative agreement under Section 65-35 of the | ||||||
16 | Nurse Practice Act when required by law .
| ||||||
17 | (nn-5) "Prescription Information Library" (PIL) means an | ||||||
18 | electronic library that contains reported controlled substance | ||||||
19 | data. | ||||||
20 | (nn-10) "Prescription Monitoring Program" (PMP) means the | ||||||
21 | entity that collects, tracks, and stores reported data on | ||||||
22 | controlled substances and select drugs pursuant to Section 316. | ||||||
23 | (oo) "Production" or "produce" means manufacture, | ||||||
24 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
25 | substance other than methamphetamine.
| ||||||
26 | (pp) "Registrant" means every person who is required to |
| |||||||
| |||||||
1 | register
under Section 302 of this Act.
| ||||||
2 | (qq) "Registry number" means the number assigned to each | ||||||
3 | person
authorized to handle controlled substances under the | ||||||
4 | laws of the United
States and of this State.
| ||||||
5 | (qq-5) "Secretary" means, as the context requires, either | ||||||
6 | the Secretary of the Department or the Secretary of the | ||||||
7 | Department of Financial and Professional Regulation, and the | ||||||
8 | Secretary's designated agents. | ||||||
9 | (rr) "State" includes the State of Illinois and any state, | ||||||
10 | district,
commonwealth, territory, insular possession thereof, | ||||||
11 | and any area
subject to the legal authority of the United | ||||||
12 | States of America.
| ||||||
13 | (rr-5) "Stimulant" means any drug that (i) causes an | ||||||
14 | overall excitation of central nervous system functions, (ii) | ||||||
15 | causes impaired consciousness and awareness, and (iii) can be | ||||||
16 | habit-forming or lead to a substance abuse problem, including | ||||||
17 | but not limited to amphetamines and their analogs, | ||||||
18 | methylphenidate and its analogs, cocaine, and phencyclidine | ||||||
19 | and its analogs. | ||||||
20 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
21 | a
controlled substance for his or her own use or for the use of | ||||||
22 | a member of his or her
household or for administering to an | ||||||
23 | animal owned by him or her or by a member
of his or her | ||||||
24 | household.
| ||||||
25 | (Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668, | ||||||
26 | eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; |
| |||||||
| |||||||
1 | revised 10-1-14.)
| ||||||
2 | (720 ILCS 570/303.05)
| ||||||
3 | Sec. 303.05. Mid-level practitioner registration.
| ||||||
4 | (a) The Department of Financial and Professional | ||||||
5 | Regulation shall register licensed
physician assistants, | ||||||
6 | licensed advanced practice nurses, and prescribing | ||||||
7 | psychologists licensed under Section 4.2 of the Clinical | ||||||
8 | Psychologist Licensing Act to prescribe and
dispense | ||||||
9 | controlled substances under Section 303 and animal euthanasia
| ||||||
10 | agencies to purchase, store, or administer animal euthanasia | ||||||
11 | drugs under the
following circumstances:
| ||||||
12 | (1) with respect to physician assistants,
| ||||||
13 | (A) the physician assistant has been
delegated
| ||||||
14 | written authority to prescribe any Schedule III | ||||||
15 | through V controlled substances by a physician | ||||||
16 | licensed to practice medicine in all its
branches in | ||||||
17 | accordance with Section 7.5 of the Physician Assistant | ||||||
18 | Practice Act
of 1987;
and
the physician assistant has
| ||||||
19 | completed the
appropriate application forms and has | ||||||
20 | paid the required fees as set by rule;
or
| ||||||
21 | (B) the physician assistant has been delegated
| ||||||
22 | authority by a supervising physician licensed to | ||||||
23 | practice medicine in all its branches to prescribe or | ||||||
24 | dispense Schedule II controlled substances through a | ||||||
25 | written delegation of authority and under the |
| |||||||
| |||||||
1 | following conditions: | ||||||
2 | (i) Specific Schedule II controlled substances | ||||||
3 | by oral dosage or topical or transdermal | ||||||
4 | application may be delegated, provided that the | ||||||
5 | delegated Schedule II controlled substances are | ||||||
6 | routinely prescribed by the supervising physician. | ||||||
7 | This delegation must identify the specific | ||||||
8 | Schedule II controlled substances by either brand | ||||||
9 | name or generic name. Schedule II controlled | ||||||
10 | substances to be delivered by injection or other | ||||||
11 | route of administration may not be delegated; | ||||||
12 | (ii) any delegation must be of controlled | ||||||
13 | substances prescribed by the supervising | ||||||
14 | physician; | ||||||
15 | (iii) all prescriptions must be limited to no | ||||||
16 | more than a 30-day supply, with any continuation | ||||||
17 | authorized only after prior approval of the | ||||||
18 | supervising physician; | ||||||
19 | (iv) the physician assistant must discuss the | ||||||
20 | condition of any patients for whom a controlled | ||||||
21 | substance is prescribed monthly with the | ||||||
22 | delegating physician; | ||||||
23 | (v) the physician assistant must have | ||||||
24 | completed the appropriate application forms and | ||||||
25 | paid the required fees as set by rule; | ||||||
26 | (vi) the physician assistant must provide |
| |||||||
| |||||||
1 | evidence of satisfactory completion of 45 contact | ||||||
2 | hours in pharmacology from any physician assistant | ||||||
3 | program accredited by the Accreditation Review | ||||||
4 | Commission on Education for the Physician | ||||||
5 | Assistant (ARC-PA), or its predecessor agency, for | ||||||
6 | any new license issued with Schedule II authority | ||||||
7 | after the effective date of this amendatory Act of | ||||||
8 | the 97th General Assembly; and | ||||||
9 | (vii) the physician assistant must annually | ||||||
10 | complete at least 5 hours of continuing education | ||||||
11 | in pharmacology; | ||||||
12 | (2) (blank); with respect to advanced practice nurses, | ||||||
13 | (A) the advanced practice nurse has been delegated
| ||||||
14 | authority to prescribe any Schedule III through V | ||||||
15 | controlled substances by a collaborating physician | ||||||
16 | licensed to practice medicine in all its branches or a | ||||||
17 | collaborating podiatric physician in accordance with | ||||||
18 | Section 65-40 of the Nurse Practice
Act. The advanced | ||||||
19 | practice nurse has completed the
appropriate | ||||||
20 | application forms and has paid the required
fees as set | ||||||
21 | by rule; or | ||||||
22 | (B) the advanced practice nurse has been delegated
| ||||||
23 | authority by a collaborating physician licensed to | ||||||
24 | practice medicine in all its branches or collaborating | ||||||
25 | podiatric physician to prescribe or dispense Schedule | ||||||
26 | II controlled substances through a written delegation |
| |||||||
| |||||||
1 | of authority and under the following conditions: | ||||||
2 | (i) specific Schedule II controlled substances | ||||||
3 | by oral dosage or topical or transdermal | ||||||
4 | application may be delegated, provided that the | ||||||
5 | delegated Schedule II controlled substances are | ||||||
6 | routinely prescribed by the collaborating | ||||||
7 | physician or podiatric physician. This delegation | ||||||
8 | must identify the specific Schedule II controlled | ||||||
9 | substances by either brand name or generic name. | ||||||
10 | Schedule II controlled substances to be delivered | ||||||
11 | by injection or other route of administration may | ||||||
12 | not be delegated; | ||||||
13 | (ii) any delegation must be of controlled | ||||||
14 | substances prescribed by the collaborating | ||||||
15 | physician or podiatric physician; | ||||||
16 | (iii) all prescriptions must be limited to no | ||||||
17 | more than a 30-day supply, with any continuation | ||||||
18 | authorized only after prior approval of the | ||||||
19 | collaborating physician or podiatric physician; | ||||||
20 | (iv) the advanced practice nurse must discuss | ||||||
21 | the condition of any patients for whom a controlled | ||||||
22 | substance is prescribed monthly with the | ||||||
23 | delegating physician or podiatric physician or in | ||||||
24 | the course of review as required by Section 65-40 | ||||||
25 | of the Nurse Practice Act; | ||||||
26 | (v) the advanced practice nurse must have |
| |||||||
| |||||||
1 | completed the appropriate application forms and | ||||||
2 | paid the required fees as set by rule; | ||||||
3 | (vi) the advanced practice nurse must provide | ||||||
4 | evidence of satisfactory completion of at least 45 | ||||||
5 | graduate contact hours in pharmacology for any new | ||||||
6 | license issued with Schedule II authority after | ||||||
7 | the effective date of this amendatory Act of the | ||||||
8 | 97th General Assembly; and | ||||||
9 | (vii) the advanced practice nurse must | ||||||
10 | annually complete 5 hours of continuing education | ||||||
11 | in pharmacology; | ||||||
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 physician assistant mid-level practitioner shall | ||||||
26 | only be licensed to prescribe those
schedules of controlled |
| |||||||
| |||||||
1 | substances for which a licensed physician or licensed podiatric | ||||||
2 | physician has delegated
prescriptive authority, except that an | ||||||
3 | animal euthanasia agency does not have any
prescriptive | ||||||
4 | authority.
A physician assistant is and an advanced practice | ||||||
5 | nurse are prohibited from prescribing medications and | ||||||
6 | controlled substances not set forth in the required written | ||||||
7 | delegation of authority.
| ||||||
8 | An advanced practice nurse shall only be licensed to | ||||||
9 | prescribe Schedule II through V controlled substances. | ||||||
10 | (c) Upon completion of all registration requirements, | ||||||
11 | physician
assistants, advanced practice nurses, and animal | ||||||
12 | euthanasia agencies may be issued a
mid-level practitioner
| ||||||
13 | controlled substances license for Illinois.
| ||||||
14 | (d) (Blank). A collaborating physician or podiatric | ||||||
15 | physician may, but is not required to, delegate prescriptive | ||||||
16 | authority to an advanced practice nurse as part of a written | ||||||
17 | collaborative agreement, and the delegation of prescriptive | ||||||
18 | authority shall conform to the requirements of Section 65-40 of | ||||||
19 | the Nurse Practice Act. | ||||||
20 | (e) A supervising physician may, but is not required to, | ||||||
21 | delegate prescriptive authority to a physician assistant as | ||||||
22 | part of a written supervision agreement, and the delegation of | ||||||
23 | prescriptive authority shall conform to the requirements of | ||||||
24 | Section 7.5 of the Physician Assistant Practice Act of 1987. | ||||||
25 | (f) Nothing in this Section shall be construed to prohibit | ||||||
26 | generic substitution. |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (Source: P.A. 97-334, eff. 1-1-12; 97-358, eff. 8-12-11; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | 97-813, eff. 7-13-12; 98-214, eff. 8-9-13; 98-668, eff. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | 6-25-14.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (225 ILCS 65/65-35 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (225 ILCS 65/65-40 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Section 145. The Nurse Practice Act is amended by repealing | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Sections 65-35 and 65-40. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (225 ILCS 100/20.5 rep.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Section 150. The Podiatric Medical Practice Act of 1987 is | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | amended by repealing Section 20.5.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | becoming law.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||