| ||||
Public Act 099-0173 | ||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Identification Card Act is amended | ||||
by changing Section 4 as follows:
| ||||
(15 ILCS 335/4) (from Ch. 124, par. 24)
| ||||
Sec. 4. Identification Card.
| ||||
(a) The Secretary of State shall issue a
standard Illinois | ||||
Identification Card to any natural person who is a resident
of | ||||
the State of Illinois who applies for such card, or renewal | ||||
thereof,
or who applies for a standard Illinois Identification | ||||
Card upon release as a
committed person on parole, mandatory | ||||
supervised release, aftercare release, final discharge, or
| ||||
pardon from the Department of Corrections or Department of | ||||
Juvenile Justice by submitting an identification card
issued by | ||||
the Department of Corrections or Department of Juvenile Justice | ||||
under Section 3-14-1 or Section 3-2.5-70 of the Unified
Code of | ||||
Corrections,
together with the prescribed fees. No | ||||
identification card shall be issued to any person who holds a | ||||
valid
foreign state
identification card, license, or permit | ||||
unless the person first surrenders to
the Secretary of
State | ||||
the valid foreign state identification card, license, or | ||||
permit. The card shall be prepared and
supplied by the |
Secretary of State and shall include a photograph and signature | ||
or mark of the
applicant. However, the Secretary of State may | ||
provide by rule for the issuance of Illinois Identification | ||
Cards without photographs if the applicant has a bona fide | ||
religious objection to being photographed or to the display of | ||
his or her photograph. The Illinois Identification Card may be | ||
used for
identification purposes in any lawful situation only | ||
by the person to
whom it was issued.
As used in this Act, | ||
"photograph" means any color photograph or digitally
produced | ||
and captured image of an applicant for an identification card. | ||
As
used in this Act, "signature" means the name of a person as | ||
written by that
person and captured in a manner acceptable to | ||
the Secretary of State. | ||
(a-5) If an applicant for an identification card has a | ||
current driver's license or instruction permit issued by the | ||
Secretary of State, the Secretary may require the applicant to | ||
utilize the same residence address and name on the | ||
identification card, driver's license, and instruction permit | ||
records maintained by the Secretary. The Secretary may | ||
promulgate rules to implement this provision.
| ||
(a-10) If the applicant is a judicial officer as defined in | ||
Section 1-10 of the Judicial Privacy Act or a peace officer, | ||
the applicant may elect to have his or her office or work | ||
address listed on the card instead of the applicant's residence | ||
or mailing address. The Secretary may promulgate rules to | ||
implement this provision. For the purposes of this subsection |
(a-10), "peace officer" means any person who by virtue of his | ||
or her office or public employment is vested by law with a duty | ||
to maintain public order or to make arrests for a violation of | ||
any penal statute of this State, whether that duty extends to | ||
all violations or is limited to specific violations. | ||
(b) The Secretary of State shall issue a special Illinois
| ||
Identification Card, which shall be known as an Illinois Person | ||
with a Disability
Identification Card, to any natural person | ||
who is a resident of the State
of Illinois, who is a person | ||
with a disability as defined in Section 4A of this Act,
who | ||
applies for such card, or renewal thereof. No Illinois Person | ||
with a Disability Identification Card shall be issued to any | ||
person who
holds a valid
foreign state identification card, | ||
license, or permit unless the person first
surrenders to the
| ||
Secretary of State the valid foreign state identification card, | ||
license, or
permit. The Secretary of State
shall charge no fee | ||
to issue such card. The card shall be prepared and
supplied by | ||
the Secretary of State, and shall include a photograph and | ||
signature or mark of the
applicant, a designation indicating | ||
that the card is an Illinois
Person with a Disability | ||
Identification Card, and shall include a comprehensible | ||
designation
of the type and classification of the applicant's | ||
disability as set out in
Section 4A of this Act. However, the | ||
Secretary of State may provide by rule for the issuance of | ||
Illinois Person with a Disability Identification Cards without | ||
photographs if the applicant has a bona fide religious |
objection to being photographed or to the display of his or her | ||
photograph. If the applicant so requests, the card shall
| ||
include a description of the applicant's disability and any | ||
information
about the applicant's disability or medical | ||
history which the Secretary
determines would be helpful to the | ||
applicant in securing emergency medical
care. If a mark is used | ||
in lieu of a signature, such mark
shall be affixed to the card | ||
in the presence of two witnesses who attest to
the authenticity | ||
of the mark. The Illinois
Person with a Disability | ||
Identification Card may be used for identification purposes
in | ||
any lawful situation by the person to whom it was issued.
| ||
The Illinois Person with a Disability Identification Card | ||
may be used as adequate
documentation of disability in lieu of | ||
a physician's determination of
disability, a determination of | ||
disability from a physician assistant who has
been delegated | ||
the authority to make this determination by his or her
| ||
supervising physician , a determination of disability from an | ||
advanced practice
nurse who has a written collaborative | ||
agreement with a collaborating physician
that
authorizes the | ||
advanced practice nurse to make this determination, or any
| ||
other documentation
of disability whenever
any
State law
| ||
requires that a disabled person provide such documentation of | ||
disability,
however an Illinois Person with a Disability | ||
Identification Card shall not qualify
the cardholder to | ||
participate in any program or to receive any benefit
which is | ||
not available to all persons with like disabilities.
|
Notwithstanding any other provisions of law, an Illinois Person | ||
with a Disability
Identification Card, or evidence that the | ||
Secretary of State has issued an
Illinois Person with a | ||
Disability Identification Card, shall not be used by any
person | ||
other than the person named on such card to prove that the | ||
person
named on such card is a disabled person or for any other | ||
purpose unless the
card is used for the benefit of the person | ||
named on such card, and the
person named on such card consents | ||
to such use at the time the card is so used.
| ||
An optometrist's determination of a visual disability | ||
under Section 4A of this Act is acceptable as documentation for | ||
the purpose of issuing an Illinois Person with a Disability | ||
Identification Card. | ||
When medical information is contained on an Illinois Person | ||
with a Disability
Identification Card, the Office of the | ||
Secretary of State shall not be
liable for any actions taken | ||
based upon that medical information.
| ||
(c) The Secretary of State shall provide
that each original | ||
or renewal Illinois Identification Card or Illinois
Person with | ||
a Disability Identification Card issued to a person under the | ||
age of 21
shall be of a distinct nature from those Illinois | ||
Identification Cards or
Illinois Person with a Disability | ||
Identification Cards issued to individuals 21
years of age or | ||
older. The color designated for Illinois Identification
Cards | ||
or Illinois Person with a Disability Identification Cards for | ||
persons under
the age of 21 shall be at the discretion of the |
Secretary of State.
| ||
(c-1) Each original or renewal Illinois
Identification | ||
Card or Illinois Person with a Disability Identification Card | ||
issued to
a person under the age of 21 shall display the date | ||
upon which the person
becomes 18 years of age and the date upon | ||
which the person becomes 21 years of
age.
| ||
(c-3) The General Assembly recognizes the need to identify | ||
military veterans living in this State for the purpose of | ||
ensuring that they receive all of the services and benefits to | ||
which they are legally entitled, including healthcare, | ||
education assistance, and job placement. To assist the State in | ||
identifying these veterans and delivering these vital services | ||
and benefits, the Secretary of State is authorized to issue | ||
Illinois Identification Cards and Illinois Person with a | ||
Disability Identification Cards with the word "veteran" | ||
appearing on the face of the cards. This authorization is | ||
predicated on the unique status of veterans. The Secretary may | ||
not issue any other identification card which identifies an | ||
occupation, status, affiliation, hobby, or other unique | ||
characteristics of the identification card holder which is | ||
unrelated to the purpose of the identification card.
| ||
(c-5) Beginning on or before July 1, 2015, the Secretary of | ||
State shall designate a space on each original or renewal | ||
identification card where, at the request of the applicant, the | ||
word "veteran" shall be placed. The veteran designation shall | ||
be available to a person identified as a veteran under |
subsection (b) of Section 5 of this Act who was discharged or | ||
separated under honorable conditions. | ||
(d) The Secretary of State may issue a Senior Citizen
| ||
discount card, to any natural person who is a resident of the | ||
State of
Illinois who is 60 years of age or older and who | ||
applies for such a card or
renewal thereof. The Secretary of | ||
State shall charge no fee to issue such
card. The card shall be | ||
issued in every county and applications shall be
made available | ||
at, but not limited to, nutrition sites, senior citizen
centers | ||
and Area Agencies on Aging. The applicant, upon receipt of such
| ||
card and prior to its use for any purpose, shall have affixed | ||
thereon in
the space provided therefor his signature or mark.
| ||
(e) The Secretary of State, in his or her discretion, may | ||
designate on each Illinois
Identification Card or Illinois | ||
Person with a Disability Identification Card a space where the | ||
card holder may place a sticker or decal, issued by the | ||
Secretary of State, of uniform size as the Secretary may | ||
specify, that shall indicate in appropriate language that the | ||
card holder has renewed his or her Illinois
Identification Card | ||
or Illinois Person with a Disability Identification Card. | ||
(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847, | ||
eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, | ||
eff. 8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
| ||
Section 10. The Alcoholism and Other Drug Abuse and | ||
Dependency Act is amended by changing Section 5-23 as follows: |
(20 ILCS 301/5-23) | ||
Sec. 5-23. Drug Overdose Prevention Program. | ||
(a) Reports of drug overdose. | ||
(1) The Director of the Division of Alcoholism and | ||
Substance Abuse may publish annually a report on drug | ||
overdose trends statewide that reviews State death rates | ||
from available data to ascertain changes in the causes or | ||
rates of fatal and nonfatal drug overdose for the preceding | ||
period of not less than 5 years. The report shall also | ||
provide information on interventions that would be | ||
effective in reducing the rate of fatal or nonfatal drug | ||
overdose. | ||
(2) The report may include: | ||
(A) Trends in drug overdose death rates. | ||
(B) Trends in emergency room utilization related | ||
to drug overdose and the cost impact of emergency room | ||
utilization. | ||
(C) Trends in utilization of pre-hospital and | ||
emergency services and the cost impact of emergency | ||
services utilization. | ||
(D) Suggested improvements in data collection. | ||
(E) A description of other interventions effective | ||
in reducing the rate of fatal or nonfatal drug | ||
overdose. | ||
(b) Programs; drug overdose prevention. |
(1) The Director may establish a program to provide for | ||
the production and publication, in electronic and other | ||
formats, of drug overdose prevention, recognition, and | ||
response literature. The Director may develop and | ||
disseminate curricula for use by professionals, | ||
organizations, individuals, or committees interested in | ||
the prevention of fatal and nonfatal drug overdose, | ||
including, but not limited to, drug users, jail and prison | ||
personnel, jail and prison inmates, drug treatment | ||
professionals, emergency medical personnel, hospital | ||
staff, families and associates of drug users, peace | ||
officers, firefighters, public safety officers, needle | ||
exchange program staff, and other persons. In addition to | ||
information regarding drug overdose prevention, | ||
recognition, and response, literature produced by the | ||
Department shall stress that drug use remains illegal and | ||
highly dangerous and that complete abstinence from illegal | ||
drug use is the healthiest choice. The literature shall | ||
provide information and resources for substance abuse | ||
treatment. | ||
The Director may establish or authorize programs for | ||
prescribing, dispensing, or distributing naloxone | ||
hydrochloride or any other similarly acting and equally | ||
safe drug approved by the U.S. Food and Drug Administration | ||
for the treatment of drug overdose. Such programs may | ||
include the prescribing of naloxone hydrochloride or any |
other similarly acting and equally safe drug approved by | ||
the U.S. Food and Drug Administration for the treatment of | ||
drug overdose to and education about administration by | ||
individuals who are not personally at risk of opioid | ||
overdose. | ||
(2) The Director may provide advice to State and local | ||
officials on the growing drug overdose crisis, including | ||
the prevalence of drug overdose incidents, trends in drug | ||
overdose incidents, and solutions to the drug overdose | ||
crisis. | ||
(c) Grants. | ||
(1) The Director may award grants, in accordance with | ||
this subsection, to create or support local drug overdose | ||
prevention, recognition, and response projects. Local | ||
health departments, correctional institutions, hospitals, | ||
universities, community-based organizations, and | ||
faith-based organizations may apply to the Department for a | ||
grant under this subsection at the time and in the manner | ||
the Director prescribes. | ||
(2) In awarding grants, the Director shall consider the | ||
necessity for overdose prevention projects in various | ||
settings and shall encourage all grant applicants to | ||
develop interventions that will be effective and viable in | ||
their local areas. | ||
(3) The Director shall give preference for grants to | ||
proposals that, in addition to providing life-saving |
interventions and responses, provide information to drug | ||
users on how to access drug treatment or other strategies | ||
for abstaining from illegal drugs. The Director shall give | ||
preference to proposals that include one or more of the | ||
following elements: | ||
(A) Policies and projects to encourage persons, | ||
including drug users, to call 911 when they witness a | ||
potentially fatal drug overdose. | ||
(B) Drug overdose prevention, recognition, and | ||
response education projects in drug treatment centers, | ||
outreach programs, and other organizations that work | ||
with, or have access to, drug users and their families | ||
and communities. | ||
(C) Drug overdose recognition and response | ||
training, including rescue breathing, in drug | ||
treatment centers and for other organizations that | ||
work with, or have access to, drug users and their | ||
families and communities. | ||
(D) The production and distribution of targeted or | ||
mass media materials on drug overdose prevention and | ||
response. | ||
(E) Prescription and distribution of naloxone | ||
hydrochloride or any other similarly acting and | ||
equally safe drug approved by the U.S. Food and Drug | ||
Administration for the treatment of drug overdose. | ||
(F) The institution of education and training |
projects on drug overdose response and treatment for | ||
emergency services and law enforcement personnel. | ||
(G) A system of parent, family, and survivor | ||
education and mutual support groups. | ||
(4) In addition to moneys appropriated by the General | ||
Assembly, the Director may seek grants from private | ||
foundations, the federal government, and other sources to | ||
fund the grants under this Section and to fund an | ||
evaluation of the programs supported by the grants. | ||
(d) Health care professional prescription of drug overdose | ||
treatment medication. | ||
(1) A health care professional who, acting in good | ||
faith, directly or by standing order, prescribes or | ||
dispenses an opioid antidote to a patient who, in the | ||
judgment of the health care professional, is capable of | ||
administering the drug in an emergency, shall not, as a | ||
result of his or her acts or omissions, be subject to | ||
disciplinary or other adverse action under the Medical | ||
Practice Act of 1987, the Physician Assistant Practice Act | ||
of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||
or any other professional licensing statute. | ||
(2) A person who is not otherwise licensed to | ||
administer an opioid antidote may in an emergency | ||
administer without fee an opioid antidote if the person has | ||
received the patient information specified in paragraph | ||
(4) of this subsection and believes in good faith that |
another person is experiencing a drug overdose. The person | ||
shall not, as a result of his or her acts or omissions, be | ||
liable for any violation of the Medical Practice Act of | ||
1987, the Physician Assistant Practice Act of 1987, the | ||
Nurse Practice Act, the Pharmacy Practice Act, or any other | ||
professional licensing statute, or subject to any criminal | ||
prosecution arising from or related to the unauthorized | ||
practice of medicine or the possession of an opioid | ||
antidote. | ||
(3) A health care professional prescribing an opioid | ||
antidote to a patient shall ensure that the patient | ||
receives the patient information specified in paragraph | ||
(4) of this subsection. Patient information may be provided | ||
by the health care professional or a community-based | ||
organization, substance abuse program, or other | ||
organization with which the health care professional | ||
establishes a written agreement that includes a | ||
description of how the organization will provide patient | ||
information, how employees or volunteers providing | ||
information will be trained, and standards for documenting | ||
the provision of patient information to patients. | ||
Provision of patient information shall be documented in the | ||
patient's medical record or through similar means as | ||
determined by agreement between the health care | ||
professional and the organization. The Director of the | ||
Division of Alcoholism and Substance Abuse, in |
consultation with statewide organizations representing | ||
physicians, advanced practice nurses, physician | ||
assistants, substance abuse programs, and other interested | ||
groups, shall develop and disseminate to health care | ||
professionals, community-based organizations, substance | ||
abuse programs, and other organizations training materials | ||
in video, electronic, or other formats to facilitate the | ||
provision of such patient information. | ||
(4) For the purposes of this subsection: | ||
"Opioid antidote" means naloxone hydrochloride or any | ||
other similarly acting and equally safe drug approved by | ||
the U.S. Food and Drug Administration for the treatment of | ||
drug overdose. | ||
"Health care professional" means a physician licensed | ||
to practice medicine in all its branches, a licensed | ||
physician assistant who has been delegated the | ||
prescription or dispensation of an opioid antidote by his | ||
or her supervising physician , a licensed an advanced | ||
practice registered nurse who has a written collaborative | ||
agreement with a collaborating physician that authorizes | ||
the prescription or dispensation of an opioid antidote , or | ||
an advanced practice nurse who practices in a hospital or | ||
ambulatory surgical treatment center and possesses | ||
appropriate clinical privileges in accordance with the | ||
Nurse Practice Act. | ||
"Patient" includes a person who is not at risk of |
opioid overdose but who, in the judgment of the physician, | ||
may be in a position to assist another individual during an | ||
overdose and who has received patient information as | ||
required in paragraph (2) of this subsection on the | ||
indications for and administration of an opioid antidote. | ||
"Patient information" includes information provided to | ||
the patient on drug overdose prevention and recognition; | ||
how to perform rescue breathing and resuscitation; opioid | ||
antidote dosage and administration; the importance of | ||
calling 911; care for the overdose victim after | ||
administration of the overdose antidote; and other issues | ||
as necessary.
| ||
(Source: P.A. 96-361, eff. 1-1-10.) | ||
Section 15. The School Code is amended by changing Sections | ||
22-30, 24-5, 24-6, 26-1, and 27-8.1 as follows:
| ||
(105 ILCS 5/22-30)
| ||
Sec. 22-30. Self-administration and self-carry of asthma | ||
medication and epinephrine auto-injectors; administration of | ||
undesignated epinephrine auto-injectors.
| ||
(a) For the purpose of this Section only, the following | ||
terms shall have the meanings set forth below:
| ||
"Asthma inhaler" means a quick reliever asthma inhaler. | ||
"Epinephrine auto-injector" means a single-use device used | ||
for the automatic injection of a pre-measured dose of |
epinephrine into the human body.
| ||
"Asthma medication" means a medicine, prescribed by (i) a | ||
physician
licensed to practice medicine in all its branches,
| ||
(ii) a licensed physician assistant who has been delegated the | ||
authority to prescribe
asthma
medications by his or her | ||
supervising physician , or (iii) a licensed an advanced practice
| ||
nurse who has a written
collaborative agreement with a | ||
collaborating physician that delegates the
authority
to | ||
prescribe asthma medications,
for a pupil that pertains to the | ||
pupil's
asthma and that has an individual prescription label.
| ||
"School nurse" means a registered nurse working in a school | ||
with or without licensure endorsed in school nursing. | ||
"Self-administration" means a pupil's discretionary use of | ||
his or
her prescribed asthma medication or epinephrine | ||
auto-injector.
| ||
"Self-carry" means a pupil's ability to carry his or her | ||
prescribed asthma medication or epinephrine auto-injector. | ||
"Standing protocol" may be issued by (i) a physician | ||
licensed to practice medicine in all its branches, (ii) a | ||
licensed physician assistant who has been delegated the | ||
authority to prescribe asthma medications or epinephrine | ||
auto-injectors by his or her supervising physician , or (iii) a | ||
licensed an advanced practice nurse who has a collaborative | ||
agreement with a collaborating physician that delegates | ||
authority to issue a standing protocol for asthma medications | ||
or epinephrine auto-injectors . |
"Trained personnel" means any school employee or volunteer | ||
personnel authorized in Sections 10-22.34, 10-22.34a, and | ||
10-22.34b of this Code who has completed training under | ||
subsection (g) of this Section to recognize and respond to | ||
anaphylaxis. | ||
"Undesignated epinephrine auto-injector" means an | ||
epinephrine auto-injector prescribed in the name of a school | ||
district, public school, or nonpublic school. | ||
(b) A school, whether public or nonpublic, must permit the
| ||
self-administration and self-carry of asthma
medication by a | ||
pupil with asthma or the self-administration and self-carry of | ||
an epinephrine auto-injector by a pupil, provided that:
| ||
(1) the parents or
guardians of the pupil provide to | ||
the school (i) written
authorization from the parents or | ||
guardians for (A) the self-administration and self-carry | ||
of asthma medication or (B) the self-carry of asthma | ||
medication or (ii) for (A) the self-administration and | ||
self-carry of an epinephrine auto-injector or (B) the | ||
self-carry of an epinephrine auto-injector, written | ||
authorization from the pupil's physician, physician | ||
assistant, or advanced practice nurse; and
| ||
(2) the
parents or guardians of the pupil provide to | ||
the school (i) the prescription label, which must contain | ||
the name of the asthma medication, the prescribed dosage, | ||
and the time at which or circumstances under which the | ||
asthma medication is to be administered, or (ii) for the |
self-administration or self-carry of an epinephrine | ||
auto-injector, a
written
statement from the pupil's | ||
physician, physician assistant, or advanced practice
nurse | ||
containing
the following information:
| ||
(A) the name and purpose of the epinephrine | ||
auto-injector;
| ||
(B) the prescribed dosage; and
| ||
(C) the time or times at which or the special | ||
circumstances
under which the epinephrine | ||
auto-injector is to be administered.
| ||
The information provided shall be kept on file in the office of | ||
the school
nurse or,
in the absence of a school nurse, the | ||
school's administrator.
| ||
(b-5) A school district, public school, or nonpublic school | ||
may authorize the provision of a student-specific or | ||
undesignated epinephrine auto-injector to a student or any | ||
personnel authorized under a student's Individual Health Care | ||
Action Plan, Illinois Food Allergy Emergency Action Plan and | ||
Treatment Authorization Form, or plan pursuant to Section 504 | ||
of the federal Rehabilitation Act of 1973 to administer an | ||
epinephrine auto-injector to the student, that meets the | ||
student's prescription on file. | ||
(b-10) The school district, public school, or nonpublic | ||
school may authorize a school nurse or trained personnel to do | ||
the following: (i) provide an undesignated epinephrine | ||
auto-injector to a student for self-administration only or any |
personnel authorized under a student's Individual Health Care | ||
Action Plan, Illinois Food Allergy Emergency Action Plan and | ||
Treatment Authorization Form, or plan pursuant to Section 504 | ||
of the federal Rehabilitation Act of 1973 to administer to the | ||
student, that meets the student's prescription on file; (ii) | ||
administer an undesignated epinephrine auto-injector that | ||
meets the prescription on file to any student who has an | ||
Individual Health Care Action Plan, Illinois Food Allergy | ||
Emergency Action Plan and Treatment Authorization Form, or plan | ||
pursuant to Section 504 of the federal Rehabilitation Act of | ||
1973 that authorizes the use of an epinephrine auto-injector; | ||
and (iii) administer an undesignated epinephrine auto-injector | ||
to any person that the school nurse or trained personnel in | ||
good faith believes is having an anaphylactic reaction. | ||
(c) The school district, public school, or nonpublic school | ||
must inform the parents or
guardians of the
pupil, in writing, | ||
that the school district, public school, or nonpublic school | ||
and its
employees and
agents, including a physician, physician | ||
assistant, or advanced practice nurse providing standing | ||
protocol or prescription for school epinephrine | ||
auto-injectors,
are to incur no liability or professional | ||
discipline, except for willful and wanton conduct, as a result
| ||
of any injury arising from the
administration of asthma | ||
medication or of an epinephrine auto-injector regardless of | ||
whether authorization was given by the pupil's parents or | ||
guardians or by the pupil's physician, physician assistant, or |
advanced practice nurse. The parents or guardians
of the pupil | ||
must sign a statement acknowledging that the school district, | ||
public school,
or nonpublic school and its employees and agents | ||
are to incur no liability, except for willful and wanton
| ||
conduct, as a result of any injury arising
from the
| ||
administration of asthma medication or of an epinephrine | ||
auto-injector regardless of whether authorization was given by | ||
the pupil's parents or guardians or by the pupil's physician, | ||
physician assistant, or advanced practice nurse and that the | ||
parents or
guardians must indemnify and hold harmless the | ||
school district, public school, or nonpublic
school and
its
| ||
employees and agents against any claims, except a claim based | ||
on willful and
wanton conduct, arising out of the
| ||
administration of asthma medication or of an epinephrine | ||
auto-injector regardless of whether authorization was given by | ||
the pupil's parents or guardians or by the pupil's physician, | ||
physician assistant, or advanced practice nurse. | ||
(c-5) Upon the effective date of this amendatory Act of the | ||
98th General Assembly, when a school nurse or trained personnel | ||
administers an undesignated epinephrine auto-injector to a | ||
person whom the school nurse or trained personnel in good faith | ||
believes is having an anaphylactic reaction, notwithstanding | ||
the lack of notice to the parents or guardians of the pupil or | ||
the absence of the parents or guardians signed statement | ||
acknowledging no liability, except for willful and wanton | ||
conduct, the school district, public school, or nonpublic |
school and its employees and agents, and a physician, a | ||
physician assistant, or an advanced practice nurse providing | ||
standing protocol or prescription for undesignated epinephrine | ||
auto-injectors, are to incur no liability or professional | ||
discipline, except for willful and wanton conduct, as a result | ||
of any injury arising from the use of an undesignated | ||
epinephrine auto-injector regardless of whether authorization | ||
was given by the pupil's parents or guardians or by the pupil's | ||
physician, physician assistant, or advanced practice nurse.
| ||
(d) The permission for self-administration and self-carry | ||
of asthma medication or the self-administration and self-carry | ||
of an epinephrine auto-injector is effective
for the school | ||
year for which it is granted and shall be renewed each
| ||
subsequent school year upon fulfillment of the requirements of | ||
this
Section.
| ||
(e) Provided that the requirements of this Section are | ||
fulfilled, a
pupil with asthma may self-administer and | ||
self-carry his or her asthma medication or a pupil may | ||
self-administer and self-carry an epinephrine auto-injector | ||
(i) while in
school, (ii) while at a school-sponsored activity, | ||
(iii) while under the
supervision of
school personnel, or (iv) | ||
before or after normal school activities, such
as while in | ||
before-school or after-school care on school-operated
| ||
property.
| ||
(e-5) Provided that the requirements of this Section are | ||
fulfilled, a school nurse or trained personnel may administer |
an undesignated epinephrine auto-injector to any person whom | ||
the school nurse or trained personnel in good faith believes to | ||
be having an anaphylactic reaction (i) while in school, (ii) | ||
while at a school-sponsored activity, (iii) while under the | ||
supervision of school personnel, or (iv) before or after normal | ||
school activities, such
as while in before-school or | ||
after-school care on school-operated property. A school nurse | ||
or trained personnel may carry undesignated epinephrine | ||
auto-injectors on his or her person while in school or at a | ||
school-sponsored activity. | ||
(f) The school district, public school, or nonpublic school | ||
may maintain a supply of undesignated epinephrine | ||
auto-injectors in any secure location where an allergic person | ||
is most at risk, including, but not limited to, classrooms and | ||
lunchrooms. A physician, a physician assistant who has been | ||
delegated prescriptive authority for asthma medication or | ||
epinephrine auto-injectors in accordance with Section 7.5 of | ||
the Physician Assistant Practice Act of 1987, or an advanced | ||
practice nurse who has been delegated prescriptive authority | ||
for asthma medication or epinephrine auto-injectors in | ||
accordance with Section 65-40 of the Nurse Practice Act may | ||
prescribe undesignated epinephrine auto-injectors in the name | ||
of the school district, public school, or nonpublic school to | ||
be maintained for use when necessary. Any supply of epinephrine | ||
auto-injectors shall be maintained in accordance with the | ||
manufacturer's instructions. |
(f-5) Upon any administration of an epinephrine | ||
auto-injector, a school district, public school, or nonpublic | ||
school must immediately activate the EMS system and notify the | ||
student's parent, guardian, or emergency contact, if known. | ||
(f-10) Within 24 hours of the administration of an | ||
undesignated epinephrine auto-injector, a school district, | ||
public school, or nonpublic school must notify the physician, | ||
physician assistant, or advance practice nurse who provided the | ||
standing protocol or prescription for the undesignated | ||
epinephrine auto-injector of its use. | ||
(g) Prior to the administration of an undesignated | ||
epinephrine auto-injector, trained personnel must submit to | ||
his or her school's administration proof of completion of a | ||
training curriculum to recognize and respond to anaphylaxis | ||
that meets the requirements of subsection (h) of this Section. | ||
Training must be completed annually. Trained personnel must | ||
also submit to his or her school's administration proof of | ||
cardiopulmonary resuscitation and automated external | ||
defibrillator certification. The school district, public | ||
school, or nonpublic school must maintain records related to | ||
the training curriculum and trained personnel. | ||
(h) A training curriculum to recognize and respond to | ||
anaphylaxis, including the administration of an undesignated | ||
epinephrine auto-injector, may be conducted online or in | ||
person. It must include, but is not limited to: | ||
(1) how to recognize symptoms of an allergic reaction; |
(2) a review of high-risk areas within the school and | ||
its related facilities; | ||
(3) steps to take to prevent exposure to allergens; | ||
(4) how to respond to an emergency involving an | ||
allergic reaction; | ||
(5) how to administer an epinephrine auto-injector; | ||
(6) how to respond to a student with a known allergy as | ||
well as a student with a previously unknown allergy; | ||
(7) a test demonstrating competency of the knowledge | ||
required to recognize anaphylaxis and administer an | ||
epinephrine auto-injector; and | ||
(8) other criteria as determined in rules adopted | ||
pursuant to this Section. | ||
In consultation with statewide professional organizations | ||
representing physicians licensed to practice medicine in all of | ||
its branches, registered nurses, and school nurses, the Board | ||
shall make available resource materials consistent with | ||
criteria in this subsection (h) for educating trained personnel | ||
to recognize and respond to anaphylaxis. The Board may take | ||
into consideration the curriculum on this subject developed by | ||
other states, as well as any other curricular materials | ||
suggested by medical experts and other groups that work on | ||
life-threatening allergy issues. The Board is not required to | ||
create new resource materials. The Board shall make these | ||
resource materials available on its Internet website. | ||
(i) Within 3 days after the administration of an |
undesignated epinephrine auto-injector by a school nurse, | ||
trained personnel, or a student at a school or school-sponsored | ||
activity, the school must report to the Board in a form and | ||
manner prescribed by the Board the following information: | ||
(1) age and type of person receiving epinephrine | ||
(student, staff, visitor); | ||
(2) any previously known diagnosis of a severe allergy; | ||
(3) trigger that precipitated allergic episode; | ||
(4) location where symptoms developed; | ||
(5) number of doses administered; | ||
(6) type of person administering epinephrine (school | ||
nurse, trained personnel, student); and | ||
(7) any other information required by the Board. | ||
(j) By October 1, 2015 and every year thereafter, the Board | ||
shall submit a report to the General Assembly identifying the | ||
frequency and circumstances of epinephrine administration | ||
during the preceding academic year. This report shall be | ||
published on the Board's Internet website on the date the | ||
report is delivered to the General Assembly. | ||
(k) The Board may adopt rules necessary to implement this | ||
Section. | ||
(Source: P.A. 97-361, eff. 8-15-11; 98-795, eff. 8-1-14.)
| ||
(105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
| ||
Sec. 24-5. Physical fitness and professional growth. | ||
(a) In this Section, "employee" means any employee of a |
school district, a student teacher, an employee of a contractor | ||
that provides services to students or in schools, or any other | ||
individual subject to the requirements of Section 10-21.9 or | ||
34-18.5 of this Code. | ||
(b) School boards shall require of new employees evidence | ||
of physical
fitness to perform duties assigned and freedom from | ||
communicable disease. Such evidence shall consist of a physical
| ||
examination
by a physician licensed in Illinois or any other | ||
state to practice medicine
and surgery in all its branches, a | ||
licensed an advanced practice nurse who has a written | ||
collaborative agreement with a collaborating physician that | ||
authorizes the advanced practice nurse to perform health | ||
examinations , or a licensed physician assistant who has been | ||
delegated the authority to perform health examinations by his | ||
or her supervising physician not more than 90 days preceding | ||
time of
presentation to the board, and the cost of such | ||
examination shall rest with the
employee. A new or existing | ||
employee may be subject to additional health examinations, | ||
including screening for tuberculosis, as required by rules | ||
adopted by the Department of Public Health or by order of a | ||
local public health official. The board may from time to time | ||
require an examination of any
employee by a physician licensed | ||
in Illinois to practice medicine and
surgery in all its | ||
branches, a licensed an advanced practice nurse who has a | ||
written collaborative agreement with a collaborating physician | ||
that authorizes the advanced practice nurse to perform health |
examinations , or a licensed physician assistant who has been | ||
delegated the authority to perform health examinations by his | ||
or her supervising physician and shall pay the expenses thereof | ||
from school
funds. | ||
(c) School boards may require teachers in their employ to | ||
furnish from
time to time evidence of continued professional | ||
growth.
| ||
(Source: P.A. 98-716, eff. 7-16-14.)
| ||
(105 ILCS 5/24-6)
| ||
Sec. 24-6. Sick leave. The school boards of all school | ||
districts, including special charter
districts, but not | ||
including school districts in municipalities of 500,000
or | ||
more, shall grant their full-time teachers, and also shall | ||
grant
such of their other employees as are eligible to | ||
participate in the
Illinois Municipal Retirement Fund under the | ||
"600-Hour Standard"
established, or under such other | ||
eligibility participation standard as may
from time to time be | ||
established, by rules and regulations now or hereafter
| ||
promulgated by the Board of that Fund under Section 7-198 of | ||
the Illinois
Pension Code, as now or hereafter amended, sick | ||
leave
provisions not less in amount than 10 days at full pay in | ||
each school year.
If any such teacher or employee does not use | ||
the full amount of annual leave
thus allowed, the unused amount | ||
shall be allowed to accumulate to a minimum
available leave of | ||
180 days at full pay, including the leave of the current
year. |
Sick leave shall be interpreted to mean personal illness, | ||
quarantine
at home, serious illness or death in the immediate | ||
family or household, or
birth, adoption, or placement for | ||
adoption.
The school board may require a certificate from a | ||
physician licensed in Illinois to practice medicine and surgery | ||
in all its branches, a chiropractic physician licensed under | ||
the Medical Practice Act of 1987, a licensed an advanced | ||
practice nurse who has a written collaborative agreement with a | ||
collaborating physician that authorizes the advanced practice | ||
nurse to perform health examinations , a licensed physician | ||
assistant who has been delegated the authority to perform | ||
health examinations by his or her supervising physician , or, if | ||
the treatment
is by prayer or spiritual means, a spiritual | ||
adviser or
practitioner of the teacher's or employee's faith as | ||
a basis for pay during leave after
an absence of 3 days for | ||
personal illness or 30 days for birth or as the school board | ||
may deem necessary in
other cases. If the school board does | ||
require a
certificate
as a basis for pay during leave of
less | ||
than 3 days for personal illness, the school board shall pay, | ||
from school funds, the
expenses incurred by the teachers or | ||
other employees in obtaining the certificate. For paid leave | ||
for adoption or placement for adoption, the school board may | ||
require that the teacher or other employee provide evidence | ||
that the formal adoption process is underway, and such leave is | ||
limited to 30 days unless a longer leave has been negotiated | ||
with the exclusive bargaining representative.
|
If, by reason of any change in the boundaries of school | ||
districts, or by
reason of the creation of a new school | ||
district, the employment of a
teacher is transferred to a new | ||
or different board, the accumulated sick
leave of such teacher | ||
is not thereby lost, but is transferred to such new
or | ||
different district.
| ||
For purposes of this Section, "immediate family" shall | ||
include parents,
spouse, brothers, sisters, children, | ||
grandparents, grandchildren,
parents-in-law, brothers-in-law, | ||
sisters-in-law, and legal guardians.
| ||
(Source: P.A. 95-151, eff. 8-14-07; 96-51, eff. 7-23-09; | ||
96-367, eff. 8-13-09; 96-1000, eff. 7-2-10.)
| ||
(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
| ||
Sec. 26-1. Compulsory school age-Exemptions. Whoever has | ||
custody or control of any child (i) between the ages of 7 and | ||
17
years (unless the child has already graduated from high | ||
school) for school years before the 2014-2015 school year or | ||
(ii) between the ages
of 6 (on or before September 1) and 17 | ||
years (unless the child has already graduated from high school) | ||
beginning with the 2014-2015 school year
shall cause such child | ||
to attend some public school in the district
wherein the child | ||
resides the entire time it is in session during the
regular | ||
school term, except as provided in Section 10-19.1, and during | ||
a
required summer school program established under Section | ||
10-22.33B; provided,
that
the following children shall not be |
required to attend the public schools:
| ||
1. Any child attending a private or a parochial school | ||
where children
are taught the branches of education taught | ||
to children of corresponding
age and grade in the public | ||
schools, and where the instruction of the child
in the | ||
branches of education is in the English language;
| ||
2. Any child who is physically or mentally unable to | ||
attend school, such
disability being certified to the | ||
county or district truant officer by a
competent physician | ||
licensed in Illinois to practice medicine and surgery in | ||
all its branches, a chiropractic physician licensed under | ||
the Medical Practice Act of 1987, a licensed an advanced | ||
practice nurse who has a written collaborative agreement | ||
with a collaborating physician that authorizes the | ||
advanced practice nurse to perform health examinations , a | ||
licensed physician assistant who has been delegated the | ||
authority to perform health examinations by his or her | ||
supervising physician , or a Christian Science practitioner | ||
residing in this
State and listed in the Christian Science | ||
Journal; or who is excused for
temporary absence for cause | ||
by
the principal or teacher of the school which the child | ||
attends; the exemptions
in this paragraph (2) do not apply | ||
to any female who is pregnant or the
mother of one or more | ||
children, except where a female is unable to attend
school | ||
due to a complication arising from her pregnancy and the | ||
existence
of such complication is certified to the county |
or district truant officer
by a competent physician;
| ||
3. Any child necessarily and lawfully employed | ||
according to the
provisions of the law regulating child | ||
labor may be excused from attendance
at school by the | ||
county superintendent of schools or the superintendent of
| ||
the public school which the child should be attending, on | ||
certification of
the facts by and the recommendation of the | ||
school board of the public
school district in which the | ||
child resides. In districts having part time
continuation | ||
schools, children so excused shall attend such schools at
| ||
least 8 hours each week;
| ||
4. Any child over 12 and under 14 years of age while in | ||
attendance at
confirmation classes;
| ||
5. Any child absent from a public school on a | ||
particular day or days
or at a particular time of day for | ||
the reason that he is unable to attend
classes or to | ||
participate in any examination, study or work requirements | ||
on
a particular day or days or at a particular time of day, | ||
because the tenets
of his religion forbid secular activity | ||
on a particular day or days or at a
particular time of day. | ||
Each school board shall prescribe rules and
regulations | ||
relative to absences for religious holidays including, but | ||
not
limited to, a list of religious holidays on which it | ||
shall be mandatory to
excuse a child; but nothing in this | ||
paragraph 5 shall be construed to limit
the right of any | ||
school board, at its discretion, to excuse an absence on
|
any other day by reason of the observance of a religious | ||
holiday. A school
board may require the parent or guardian | ||
of a child who is to be excused
from attending school due | ||
to the observance of a religious holiday to give
notice, | ||
not exceeding 5 days, of the child's absence to the school
| ||
principal or other school personnel. Any child excused from | ||
attending
school under this paragraph 5 shall not be | ||
required to submit a written
excuse for such absence after | ||
returning to school; and | ||
6. Any child 16 years of age or older who (i) submits | ||
to a school district evidence of necessary and lawful | ||
employment pursuant to paragraph 3 of this Section and (ii) | ||
is enrolled in a graduation incentives program pursuant to | ||
Section 26-16 of this Code or an alternative learning | ||
opportunities program established pursuant to Article 13B | ||
of this Code.
| ||
(Source: P.A. 98-544, eff. 7-1-14 .)
| ||
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||
Sec. 27-8.1. Health examinations and immunizations. | ||
(1) In compliance with rules and regulations which the | ||
Department of Public
Health shall promulgate, and except as | ||
hereinafter provided, all children in
Illinois shall have a | ||
health examination as follows: within one year prior to
| ||
entering kindergarten or the first grade of any public, | ||
private, or parochial
elementary school; upon entering the |
sixth and ninth grades of any public,
private, or parochial | ||
school; prior to entrance into any public, private, or
| ||
parochial nursery school; and, irrespective of grade, | ||
immediately prior to or
upon entrance into any public, private, | ||
or parochial school or nursery school,
each child shall present | ||
proof of having been examined in accordance with this
Section | ||
and the rules and regulations promulgated hereunder. Any child | ||
who received a health examination within one year prior to | ||
entering the fifth grade for the 2007-2008 school year is not | ||
required to receive an additional health examination in order | ||
to comply with the provisions of Public Act 95-422 when he or | ||
she attends school for the 2008-2009 school year, unless the | ||
child is attending school for the first time as provided in | ||
this paragraph. | ||
A tuberculosis skin test screening shall be included as a | ||
required part of
each health examination included under this | ||
Section if the child resides in an
area designated by the | ||
Department of Public Health as having a high incidence
of | ||
tuberculosis. Additional health examinations of pupils, | ||
including eye examinations, may be required when deemed | ||
necessary by school
authorities. Parents are encouraged to have | ||
their children undergo eye examinations at the same points in | ||
time required for health
examinations. | ||
(1.5) In compliance with rules adopted by the Department of | ||
Public Health and except as otherwise provided in this Section, | ||
all children in kindergarten and the second and sixth grades of |
any public, private, or parochial school shall have a dental | ||
examination. Each of these children shall present proof of | ||
having been examined by a dentist in accordance with this | ||
Section and rules adopted under this Section before May 15th of | ||
the school year. If a child in the second or sixth grade fails | ||
to present proof by May 15th, the school may hold the child's | ||
report card until one of the following occurs: (i) the child | ||
presents proof of a completed dental examination or (ii) the | ||
child presents proof that a dental examination will take place | ||
within 60 days after May 15th. The Department of Public Health | ||
shall establish, by rule, a waiver for children who show an | ||
undue burden or a lack of access to a dentist. Each public, | ||
private, and parochial school must give notice of this dental | ||
examination requirement to the parents and guardians of | ||
students at least 60 days before May 15th of each school year.
| ||
(1.10) Except as otherwise provided in this Section, all | ||
children enrolling in kindergarten in a public, private, or | ||
parochial school on or after the effective date of this | ||
amendatory Act of the 95th General Assembly and any student | ||
enrolling for the first time in a public, private, or parochial | ||
school on or after the effective date of this amendatory Act of | ||
the 95th General Assembly shall have an eye examination. Each | ||
of these children shall present proof of having been examined | ||
by a physician licensed to practice medicine in all of its | ||
branches or a licensed optometrist within the previous year, in | ||
accordance with this Section and rules adopted under this |
Section, before October 15th of the school year. If the child | ||
fails to present proof by October 15th, the school may hold the | ||
child's report card until one of the following occurs: (i) the | ||
child presents proof of a completed eye examination or (ii) the | ||
child presents proof that an eye examination will take place | ||
within 60 days after October 15th. The Department of Public | ||
Health shall establish, by rule, a waiver for children who show | ||
an undue burden or a lack of access to a physician licensed to | ||
practice medicine in all of its branches who provides eye | ||
examinations or to a licensed optometrist. Each public, | ||
private, and parochial school must give notice of this eye | ||
examination requirement to the parents and guardians of | ||
students in compliance with rules of the Department of Public | ||
Health. Nothing in this Section shall be construed to allow a | ||
school to exclude a child from attending because of a parent's | ||
or guardian's failure to obtain an eye examination for the | ||
child.
| ||
(2) The Department of Public Health shall promulgate rules | ||
and regulations
specifying the examinations and procedures | ||
that constitute a health examination, which shall include the | ||
collection of data relating to obesity
(including at a minimum, | ||
date of birth, gender, height, weight, blood pressure, and date | ||
of exam),
and a dental examination and may recommend by rule | ||
that certain additional examinations be performed.
The rules | ||
and regulations of the Department of Public Health shall | ||
specify that
a tuberculosis skin test screening shall be |
included as a required part of each
health examination included | ||
under this Section if the child resides in an area
designated | ||
by the Department of Public Health as having a high incidence | ||
of
tuberculosis.
The Department of Public Health shall specify | ||
that a diabetes
screening as defined by rule shall be included | ||
as a required part of each
health examination.
Diabetes testing | ||
is not required. | ||
Physicians licensed to practice medicine in all of its | ||
branches, licensed advanced
practice nurses who have a written | ||
collaborative agreement with
a collaborating physician which | ||
authorizes them to perform health
examinations , or licensed | ||
physician assistants who have been delegated the
performance of | ||
health examinations by their supervising physician
shall be
| ||
responsible for the performance of the health examinations, | ||
other than dental
examinations, eye examinations, and vision | ||
and hearing screening, and shall sign all report forms
required | ||
by subsection (4) of this Section that pertain to those | ||
portions of
the health examination for which the physician, | ||
advanced practice nurse, or
physician assistant is | ||
responsible.
If a registered
nurse performs any part of a | ||
health examination, then a physician licensed to
practice | ||
medicine in all of its branches must review and sign all | ||
required
report forms. Licensed dentists shall perform all | ||
dental examinations and
shall sign all report forms required by | ||
subsection (4) of this Section that
pertain to the dental | ||
examinations. Physicians licensed to practice medicine
in all |
its branches or licensed optometrists shall perform all eye | ||
examinations
required by this Section and shall sign all report | ||
forms required by
subsection (4) of this Section that pertain | ||
to the eye examination. For purposes of this Section, an eye | ||
examination shall at a minimum include history, visual acuity, | ||
subjective refraction to best visual acuity near and far, | ||
internal and external examination, and a glaucoma evaluation, | ||
as well as any other tests or observations that in the | ||
professional judgment of the doctor are necessary. Vision and
| ||
hearing screening tests, which shall not be considered | ||
examinations as that
term is used in this Section, shall be | ||
conducted in accordance with rules and
regulations of the | ||
Department of Public Health, and by individuals whom the
| ||
Department of Public Health has certified.
In these rules and | ||
regulations, the Department of Public Health shall
require that | ||
individuals conducting vision screening tests give a child's
| ||
parent or guardian written notification, before the vision | ||
screening is
conducted, that states, "Vision screening is not a | ||
substitute for a
complete eye and vision evaluation by an eye | ||
doctor. Your child is not
required to undergo this vision | ||
screening if an optometrist or
ophthalmologist has completed | ||
and signed a report form indicating that
an examination has | ||
been administered within the previous 12 months." | ||
(3) Every child shall, at or about the same time as he or | ||
she receives
a health examination required by subsection (1) of | ||
this Section, present
to the local school proof of having |
received such immunizations against
preventable communicable | ||
diseases as the Department of Public Health shall
require by | ||
rules and regulations promulgated pursuant to this Section and | ||
the
Communicable Disease Prevention Act. | ||
(4) The individuals conducting the health examination,
| ||
dental examination, or eye examination shall record the
fact of | ||
having conducted the examination, and such additional | ||
information as
required, including for a health examination
| ||
data relating to obesity
(including at a minimum, date of | ||
birth, gender, height, weight, blood pressure, and date of | ||
exam), on uniform forms which the Department of Public Health | ||
and the State
Board of Education shall prescribe for statewide | ||
use. The examiner shall
summarize on the report form any | ||
condition that he or she suspects indicates a
need for special | ||
services, including for a health examination factors relating | ||
to obesity. The individuals confirming the administration of
| ||
required immunizations shall record as indicated on the form | ||
that the
immunizations were administered. | ||
(5) If a child does not submit proof of having had either | ||
the health
examination or the immunization as required, then | ||
the child shall be examined
or receive the immunization, as the | ||
case may be, and present proof by October
15 of the current | ||
school year, or by an earlier date of the current school year
| ||
established by a school district. To establish a date before | ||
October 15 of the
current school year for the health | ||
examination or immunization as required, a
school district must |
give notice of the requirements of this Section 60 days
prior | ||
to the earlier established date. If for medical reasons one or | ||
more of
the required immunizations must be given after October | ||
15 of the current school
year, or after an earlier established | ||
date of the current school year, then
the child shall present, | ||
by October 15, or by the earlier established date, a
schedule | ||
for the administration of the immunizations and a statement of | ||
the
medical reasons causing the delay, both the schedule and | ||
the statement being
issued by the physician, advanced practice | ||
nurse, physician assistant,
registered nurse, or local health | ||
department that will
be responsible for administration of the | ||
remaining required immunizations. If
a child does not comply by | ||
October 15, or by the earlier established date of
the current | ||
school year, with the requirements of this subsection, then the
| ||
local school authority shall exclude that child from school | ||
until such time as
the child presents proof of having had the | ||
health examination as required and
presents proof of having | ||
received those required immunizations which are
medically | ||
possible to receive immediately. During a child's exclusion | ||
from
school for noncompliance with this subsection, the child's | ||
parents or legal
guardian shall be considered in violation of | ||
Section 26-1 and subject to any
penalty imposed by Section | ||
26-10. This subsection (5) does not apply to dental | ||
examinations and eye examinations. If the student is an | ||
out-of-state transfer student and does not have the proof | ||
required under this subsection (5) before October 15 of the |
current year or whatever date is set by the school district, | ||
then he or she may only attend classes (i) if he or she has | ||
proof that an appointment for the required vaccinations has | ||
been scheduled with a party authorized to submit proof of the | ||
required vaccinations. If the proof of vaccination required | ||
under this subsection (5) is not submitted within 30 days after | ||
the student is permitted to attend classes, then the student is | ||
not to be permitted to attend classes until proof of the | ||
vaccinations has been properly submitted. No school district or | ||
employee of a school district shall be held liable for any | ||
injury or illness to another person that results from admitting | ||
an out-of-state transfer student to class that has an | ||
appointment scheduled pursuant to this subsection (5). | ||
(6) Every school shall report to the State Board of | ||
Education by November
15, in the manner which that agency shall | ||
require, the number of children who
have received the necessary | ||
immunizations and the health examination (other than a dental | ||
examination or eye examination) as
required, indicating, of | ||
those who have not received the immunizations and
examination | ||
as required, the number of children who are exempt from health
| ||
examination and immunization requirements on religious or | ||
medical grounds as
provided in subsection (8). On or before | ||
December 1 of each year, every public school district and | ||
registered nonpublic school shall make publicly available the | ||
immunization data they are required to submit to the State | ||
Board of Education by November 15. The immunization data made |
publicly available must be identical to the data the school | ||
district or school has reported to the State Board of | ||
Education. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required dental | ||
examination, indicating, of those who have not received the | ||
required dental examination, the number of children who are | ||
exempt from the dental examination on religious grounds as | ||
provided in subsection (8) of this Section and the number of | ||
children who have received a waiver under subsection (1.5) of | ||
this Section. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required eye | ||
examination, indicating, of those who have not received the | ||
required eye examination, the number of children who are exempt | ||
from the eye examination as provided in subsection (8) of this | ||
Section, the number of children who have received a waiver | ||
under subsection (1.10) of this Section, and the total number | ||
of children in noncompliance with the eye examination | ||
requirement. | ||
The reported information under this subsection (6) shall be | ||
provided to the
Department of Public Health by the State Board | ||
of Education. | ||
(7) Upon determining that the number of pupils who are |
required to be in
compliance with subsection (5) of this | ||
Section is below 90% of the number of
pupils enrolled in the | ||
school district, 10% of each State aid payment made
pursuant to | ||
Section 18-8.05 to the school district for such year may be | ||
withheld
by the State Board of Education until the number of | ||
students in compliance with
subsection (5) is the applicable | ||
specified percentage or higher. | ||
(8) Parents or legal guardians who object to health,
| ||
dental, or eye examinations or any part thereof, or to | ||
immunizations, on religious grounds
shall not be required to | ||
submit their children or wards to the examinations
or | ||
immunizations to which they so object if such parents or legal | ||
guardians
present to the appropriate local school authority a | ||
signed statement of
objection, detailing the grounds for the | ||
objection. If the physical condition
of the child is such that | ||
any one or more of the immunizing agents should not
be | ||
administered, the examining physician, advanced practice | ||
nurse, or
physician assistant responsible for the performance | ||
of the
health examination shall endorse that fact upon the | ||
health examination form.
Exempting a child from the health,
| ||
dental, or eye examination does not exempt the child from
| ||
participation in the program of physical education training | ||
provided in
Sections 27-5 through 27-7 of this Code. | ||
(9) For the purposes of this Section, "nursery schools" | ||
means those nursery
schools operated by elementary school | ||
systems or secondary level school units
or institutions of |
higher learning. | ||
(Source: P.A. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673, | ||
eff. 6-30-14.)
| ||
Section 20. The Illinois Clinical Laboratory and Blood Bank | ||
Act is amended by changing Section 7-101 as follows:
| ||
(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
| ||
Sec. 7-101. Examination of specimens. A clinical | ||
laboratory shall examine
specimens only at the request of (i) a | ||
licensed physician, (ii) a
licensed dentist, (iii) a licensed | ||
podiatric physician, (iv) a licensed
optometrist,
(v) a | ||
licensed
physician assistant in
accordance with the written | ||
supervision agreement required under Section 7.5 of the | ||
Physician Assistant Practice Act of 1987 or when authorized | ||
under Section 7.7 of the Physician Assistant Practice Act of
| ||
1987 ,
(v-A) a licensed an advanced practice nurse in accordance | ||
with the
written collaborative agreement required under | ||
Section 65-35 of the Nurse Practice Act or when authorized | ||
under Section 65-45 of the Nurse Practice Act ,
(vi) an | ||
authorized law enforcement agency or, in the case of blood
| ||
alcohol, at the request of the individual for whom the test is | ||
to be performed
in compliance with Sections 11-501 and 11-501.1 | ||
of the Illinois Vehicle Code, or (vii) a genetic counselor with | ||
the specific authority from a referral to order a test or tests | ||
pursuant to subsection (b) of Section 20 of the Genetic |
Counselor Licensing Act.
If the request to a laboratory is | ||
oral, the physician or other authorized
person shall submit a | ||
written request to the laboratory within 48 hours. If
the | ||
laboratory does not receive the written request within that | ||
period, it
shall note that fact in its records. For purposes of | ||
this Section, a request
made by electronic mail or fax | ||
constitutes a written request.
| ||
(Source: P.A. 97-333, eff. 8-12-11; 98-185, eff. 1-1-14; | ||
98-214, eff. 8-9-13; 98-756, eff. 7-16-14; 98-767, eff. | ||
1-1-15 .)
| ||
Section 25. The Home Health, Home Services, and Home | ||
Nursing Agency Licensing Act is amended by changing Section | ||
2.05 as follows:
| ||
(210 ILCS 55/2.05) (from Ch. 111 1/2, par. 2802.05)
| ||
Sec. 2.05.
"Home health services" means services provided
| ||
to a person at his residence according to a plan of treatment
| ||
for illness or infirmity
prescribed by a physician licensed to | ||
practice medicine in all its branches, a licensed physician | ||
assistant who has been delegated the authority to prescribe | ||
home health services by his or her supervising physician , or a | ||
licensed an advanced practice nurse who has a written | ||
collaborative agreement with a collaborating physician that | ||
delegates the authority to prescribe home health services . Such | ||
services include part time and
intermittent nursing services |
and other therapeutic services
such as physical therapy, | ||
occupational therapy, speech therapy,
medical social services, | ||
or services provided by a home health aide.
| ||
(Source: P.A. 98-261, eff. 8-9-13.)
| ||
Section 30. The Illinois Insurance Code is amended by | ||
changing Sections 356g.5 and 356z.1 as follows: | ||
(215 ILCS 5/356g.5) | ||
Sec. 356g.5. Clinical breast exam. | ||
(a) The General Assembly finds that clinical breast | ||
examinations are a critical tool in the early detection of | ||
breast cancer, while the disease is in its earlier and | ||
potentially more treatable stages. Insurer reimbursement of | ||
clinical breast examinations is essential to the effort to | ||
reduce breast cancer deaths in Illinois. | ||
(b) Every insurer shall provide, in each group or | ||
individual policy, contract, or certificate of accident or | ||
health insurance issued or renewed for persons who are | ||
residents of Illinois, coverage for complete and thorough | ||
clinical breast examinations as indicated by guidelines of | ||
practice, performed by a physician licensed to practice | ||
medicine in all its branches, a licensed an advanced practice | ||
nurse who has a collaborative agreement with a collaborating | ||
physician that authorizes breast
examinations , or a licensed | ||
physician assistant who has been delegated authority to provide |
breast examinations , to check for lumps and other changes for | ||
the purpose of early detection and prevention of breast cancer | ||
as follows: | ||
(1) at least every 3 years for women at least 20 years | ||
of age but less than 40 years of age; and | ||
(2) annually for women 40 years of age or older. | ||
(c) Upon approval of a nationally recognized separate and | ||
distinct clinical breast exam code that is compliant with all | ||
State and federal laws, rules, and regulations, public and | ||
private insurance plans shall take action to cover clinical | ||
breast exams on a separate and distinct basis.
| ||
(Source: P.A. 95-189, eff. 8-16-07.)
| ||
(215 ILCS 5/356z.1)
| ||
Sec. 356z.1. Prenatal HIV testing. An individual or group | ||
policy of
accident and health insurance that provides maternity | ||
coverage and is amended,
delivered, issued, or renewed after | ||
the effective date of this amendatory Act
of the 92nd General | ||
Assembly must provide coverage for prenatal HIV testing
ordered | ||
by an attending physician licensed to practice medicine in all | ||
its
branches, or by a physician assistant or advanced practice | ||
registered nurse
who has a written collaborative agreement with | ||
a collaborating physician that
authorizes these services , | ||
including but not limited to orders consistent with
the | ||
recommendations of the American College of Obstetricians and | ||
Gynecologists
or the American Academy of Pediatrics.
|
(Source: P.A. 92-130, eff. 7-20-01.)
| ||
Section 33. The Medical Practice Act of 1987 is amended by | ||
changing Section 54.5 as follows:
| ||
(225 ILCS 60/54.5)
| ||
(Section scheduled to be repealed on December 31, 2015)
| ||
Sec. 54.5. Physician delegation of authority to physician | ||
assistants, advanced practice nurses, and prescribing | ||
psychologists.
| ||
(a) Physicians licensed to practice medicine in all its
| ||
branches may delegate care and treatment responsibilities to a
| ||
physician assistant under guidelines in accordance with the
| ||
requirements of the Physician Assistant Practice Act of
1987. A | ||
physician licensed to practice medicine in all its
branches may | ||
enter into supervising physician agreements with
no more than 5 | ||
physician assistants as set forth in subsection (a) of Section | ||
7 of the Physician Assistant Practice Act of 1987.
| ||
(b) A physician licensed to practice medicine in all its
| ||
branches in active clinical practice may collaborate with an | ||
advanced practice
nurse in accordance with the requirements of | ||
the Nurse Practice Act. Collaboration
is for the purpose of | ||
providing medical consultation,
and no employment relationship | ||
is required. A
written collaborative agreement shall
conform to | ||
the requirements of Section 65-35 of the Nurse Practice Act. | ||
The written collaborative agreement shall
be for
services in |
the same area of practice or specialty as the collaborating | ||
physician generally provides or may provide in
his or her | ||
clinical medical practice.
A written collaborative agreement | ||
shall be adequate with respect to collaboration
with advanced | ||
practice nurses if all of the following apply:
| ||
(1) The agreement is written to promote the exercise of | ||
professional judgment by the advanced practice nurse | ||
commensurate with his or her education and experience. The | ||
agreement need not describe the exact steps that an | ||
advanced practice nurse must take with respect to each | ||
specific condition, disease, or symptom, but must specify | ||
those procedures that require a physician's presence as the | ||
procedures are being performed.
| ||
(2) Practice guidelines and orders are developed and | ||
approved jointly by the advanced practice nurse and | ||
collaborating physician, as needed, based on the practice | ||
of the practitioners. Such guidelines and orders and the | ||
patient services provided thereunder are periodically | ||
reviewed by the collaborating physician.
| ||
(2) (3) The advance practice nurse provides services | ||
based upon a written collaborative agreement with the | ||
collaborating physician generally provides or may provide | ||
in his or her clinical medical practice , except as set | ||
forth in subsection (b-5) of this Section. With respect to | ||
labor and delivery, the collaborating physician must | ||
provide delivery services in order to participate with a |
certified nurse midwife. | ||
(4) The collaborating physician and advanced practice | ||
nurse consult at least once a month to provide | ||
collaboration and consultation. | ||
(3) (5) Methods of communication are available with the | ||
collaborating physician in person or through | ||
telecommunications for consultation, collaboration, and | ||
referral as needed to address patient care needs. | ||
(6) The agreement contains provisions detailing notice | ||
for termination or change of status involving a written | ||
collaborative agreement, except when such notice is given | ||
for just cause.
| ||
(b-5) An anesthesiologist or physician licensed to | ||
practice medicine in
all its branches may collaborate with a | ||
certified registered nurse anesthetist
in accordance with | ||
Section 65-35 of the Nurse Practice Act for the provision of | ||
anesthesia services. With respect to the provision of | ||
anesthesia services, the collaborating anesthesiologist or | ||
physician shall have training and experience in the delivery of | ||
anesthesia services consistent with Department rules. | ||
Collaboration shall be
adequate if:
| ||
(1) an anesthesiologist or a physician
participates in | ||
the joint formulation and joint approval of orders or
| ||
guidelines and periodically reviews such orders and the | ||
services provided
patients under such orders; and
| ||
(2) for anesthesia services, the anesthesiologist
or |
physician participates through discussion of and agreement | ||
with the
anesthesia plan and is physically present and | ||
available on the premises during
the delivery of anesthesia | ||
services for
diagnosis, consultation, and treatment of | ||
emergency medical conditions.
Anesthesia services in a | ||
hospital shall be conducted in accordance with
Section 10.7 | ||
of the Hospital Licensing Act and in an ambulatory surgical
| ||
treatment center in accordance with Section 6.5 of the | ||
Ambulatory Surgical
Treatment Center Act.
| ||
(b-10) The anesthesiologist or operating physician must | ||
agree with the
anesthesia plan prior to the delivery of | ||
services.
| ||
(c) The supervising physician shall have access to the
| ||
medical records of all patients attended by a physician
| ||
assistant. The collaborating physician shall have access to
the | ||
medical records of all patients attended to by an
advanced | ||
practice nurse.
| ||
(d) (Blank).
| ||
(e) A physician shall not be liable for the acts or
| ||
omissions of a prescribing psychologist, physician assistant, | ||
or advanced practice
nurse solely on the basis of having signed | ||
a
supervision agreement or guidelines or a collaborative
| ||
agreement, an order, a standing medical order, a
standing | ||
delegation order, or other order or guideline
authorizing a | ||
prescribing psychologist, physician assistant, or advanced | ||
practice
nurse to perform acts, unless the physician has
reason |
to believe the prescribing psychologist, physician assistant, | ||
or advanced
practice nurse lacked the competency to perform
the | ||
act or acts or commits willful and wanton misconduct.
| ||
(f) A collaborating physician may, but is not required to, | ||
delegate prescriptive authority to an advanced practice nurse | ||
as part of a written collaborative agreement, and the | ||
delegation of prescriptive authority shall conform to the | ||
requirements of Section 65-40 of the Nurse Practice Act. | ||
(g) A supervising physician may, but is not required to, | ||
delegate prescriptive authority to a physician assistant as | ||
part of a written supervision agreement, and the delegation of | ||
prescriptive authority shall conform to the requirements of | ||
Section 7.5 of the Physician Assistant Practice Act of 1987. | ||
(h) (Blank). For the purposes of this Section, "generally | ||
provides or may provide in his or her clinical medical | ||
practice" means categories of care or treatment, not specific | ||
tasks or duties, that the physician provides individually or | ||
through delegation to other persons so that the physician has | ||
the experience and ability to provide collaboration and | ||
consultation. This definition shall not be construed to | ||
prohibit an advanced practice nurse from providing primary | ||
health treatment or care within the scope of his or her | ||
training and experience, including, but not limited to, health | ||
screenings, patient histories, physical examinations, women's | ||
health examinations, or school physicals that may be provided | ||
as part of the routine practice of an advanced practice nurse |
or on a volunteer basis. | ||
(i) A collaborating physician shall delegate prescriptive | ||
authority to a prescribing psychologist as part of a written | ||
collaborative agreement, and the delegation of prescriptive | ||
authority shall conform to the requirements of Section 4.3 of | ||
the Clinical Psychologist Licensing Act. | ||
(Source: P.A. 97-358, eff. 8-12-11; 97-1071, eff. 8-24-12; | ||
98-192, eff. 1-1-14; 98-668, eff. 6-25-14 .)
| ||
Section 35. The Nurse Practice Act is amended by changing | ||
Sections 50-10, 65-35, and 65-45 and by adding Section 65-35.1 | ||
as follows:
| ||
(225 ILCS 65/50-10)
(was 225 ILCS 65/5-10)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 50-10. Definitions. Each of the following terms, when | ||
used
in this Act, shall have the meaning ascribed to it in this | ||
Section, except
where the context clearly indicates otherwise:
| ||
"Academic year" means the customary annual schedule of | ||
courses at a
college, university, or approved school, | ||
customarily regarded as the school
year as distinguished from | ||
the calendar year.
| ||
"Advanced practice nurse" or "APN" means a person who has | ||
met the qualifications for a (i) certified nurse midwife (CNM); | ||
(ii) certified nurse practitioner (CNP); (iii) certified | ||
registered nurse anesthetist (CRNA); or (iv) clinical nurse |
specialist (CNS) and has been licensed by the Department. All | ||
advanced practice nurses licensed and practicing in the State | ||
of Illinois shall use the title APN and may use specialty | ||
credentials CNM, CNP, CRNA, or CNS after their name. All | ||
advanced practice nurses may only practice in accordance with | ||
national certification and this Act.
| ||
"Approved program of professional nursing education" and | ||
"approved
program of practical nursing education" are programs | ||
of professional or
practical nursing, respectively, approved | ||
by the Department under the
provisions of this Act.
| ||
"Board" means the Board of Nursing appointed by the | ||
Secretary. | ||
"Collaboration" means a process involving 2 or more health | ||
care professionals working together, each contributing one's | ||
respective area of expertise to provide more comprehensive | ||
patient care. | ||
"Consultation" means the process whereby an advanced | ||
practice nurse seeks the advice or opinion of another health | ||
care professional. | ||
"Credentialed" means the process of assessing and | ||
validating the qualifications of a health care professional. | ||
"Current nursing practice update course" means a planned | ||
nursing education curriculum approved by the Department | ||
consisting of activities that have educational objectives, | ||
instructional methods, content or subject matter, clinical | ||
practice, and evaluation methods, related to basic review and |
updating content and specifically planned for those nurses | ||
previously licensed in the United States or its territories and | ||
preparing for reentry into nursing practice. | ||
"Dentist" means a person licensed to practice dentistry | ||
under the Illinois Dental Practice Act. | ||
"Department" means the Department of Financial and | ||
Professional Regulation. | ||
"Impaired nurse" means a nurse licensed under this Act who | ||
is unable to practice with reasonable skill and safety because | ||
of a physical or mental disability as evidenced by a written | ||
determination or written consent based on clinical evidence, | ||
including loss of motor skills, abuse of drugs or alcohol, or a | ||
psychiatric disorder, of sufficient degree to diminish his or | ||
her ability to deliver competent patient care. | ||
"License-pending advanced practice nurse" means a | ||
registered professional nurse who has completed all | ||
requirements for licensure as an advanced practice nurse except | ||
the certification examination and has applied to take the next | ||
available certification exam and received a temporary license | ||
from the Department. | ||
"License-pending registered nurse" means a person who has | ||
passed the Department-approved registered nurse licensure exam | ||
and has applied for a license from the Department. A | ||
license-pending registered nurse shall use the title "RN lic | ||
pend" on all documentation related to nursing practice. | ||
"Physician" means a person licensed to practice medicine in |
all its branches under the Medical Practice Act of 1987. | ||
"Podiatric physician" means a person licensed to practice | ||
podiatry under the Podiatric Medical Practice Act of 1987.
| ||
"Practical nurse" or "licensed practical nurse" means a | ||
person who is
licensed as a practical nurse under this Act and | ||
practices practical
nursing as defined in this Act. Only a | ||
practical nurse
licensed under this Act is entitled to use the | ||
title "licensed practical
nurse" and the abbreviation | ||
"L.P.N.".
| ||
"Practical nursing" means the performance of
nursing acts | ||
requiring the basic nursing knowledge, judgment judgement , and | ||
skill
acquired by means of completion of an approved practical | ||
nursing education
program. Practical nursing includes | ||
assisting in the nursing process as
delegated by a registered | ||
professional nurse or an advanced practice nurse. The
practical | ||
nurse may work under the direction of a licensed physician, | ||
dentist, podiatric physician, or other health care | ||
professional determined by the Department.
| ||
"Privileged" means the authorization granted by the | ||
governing body of a healthcare facility, agency, or | ||
organization to provide specific patient care services within | ||
well-defined limits, based on qualifications reviewed in the | ||
credentialing process.
| ||
"Registered Nurse" or "Registered Professional Nurse" | ||
means a person
who is licensed as a professional nurse under | ||
this Act and practices
nursing as defined in
this Act. Only a |
registered
nurse licensed under this Act is entitled to use the
| ||
titles "registered nurse" and "registered professional nurse" | ||
and the
abbreviation, "R.N.".
| ||
"Registered professional nursing practice" is a scientific | ||
process founded on a professional body of knowledge; it is a | ||
learned profession based on the understanding of the human | ||
condition across the life span and environment and
includes all
| ||
nursing
specialties and means the performance of any nursing | ||
act based upon
professional knowledge, judgment, and skills | ||
acquired by means of completion
of an approved professional | ||
nursing education program. A registered
professional nurse | ||
provides holistic nursing care through the nursing process
to | ||
individuals, groups, families, or communities, that includes | ||
but is not
limited to: (1) the assessment of healthcare needs, | ||
nursing diagnosis,
planning, implementation, and nursing | ||
evaluation; (2) the promotion,
maintenance, and restoration of | ||
health; (3) counseling, patient education,
health education, | ||
and patient advocacy; (4) the administration of medications
and | ||
treatments as prescribed by a physician licensed to practice | ||
medicine in
all of its branches, a licensed dentist, a licensed | ||
podiatric physician, or a licensed
optometrist or as prescribed | ||
by a physician assistant in accordance with
written guidelines | ||
required under the Physician Assistant Practice Act of 1987
or | ||
by an advanced practice nurse in accordance with Article 65 of | ||
this Act ; (5) the
coordination and management of the nursing | ||
plan of care; (6) the delegation to
and supervision of |
individuals who assist the registered professional nurse
| ||
implementing the plan of care; and (7) teaching nursing
| ||
students. The foregoing shall not be deemed to include
those | ||
acts of medical diagnosis or prescription of therapeutic or
| ||
corrective measures.
| ||
"Professional assistance program for nurses" means a | ||
professional
assistance program that meets criteria | ||
established by the Board of Nursing
and approved by the | ||
Secretary, which provides a non-disciplinary treatment
| ||
approach for nurses licensed under this Act whose ability to | ||
practice is
compromised by alcohol or chemical substance | ||
addiction.
| ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
"Unencumbered license" means a license issued in good | ||
standing. | ||
"Written collaborative agreement" means a written | ||
agreement between an advanced practice nurse and a | ||
collaborating physician, dentist, or podiatric physician | ||
pursuant to Section 65-35.
| ||
(Source: P.A. 97-813, eff. 7-13-12; 98-214, eff. 8-9-13.)
| ||
(225 ILCS 65/65-35)
(was 225 ILCS 65/15-15)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 65-35. Written collaborative
agreements. | ||
(a) A written collaborative agreement is required for all |
advanced practice nurses engaged in clinical practice, except | ||
for advanced practice nurses who are authorized to practice in | ||
a hospital , hospital affiliate, or ambulatory surgical | ||
treatment center. | ||
(a-5) If an advanced practice nurse engages in clinical | ||
practice outside of a hospital , hospital affiliate, or | ||
ambulatory surgical treatment center in which he or she is | ||
authorized to practice, the advanced practice nurse must have a | ||
written collaborative agreement.
| ||
(b) A written collaborative
agreement shall describe the | ||
working relationship of the
advanced practice nurse with the | ||
collaborating
physician or podiatric physician and shall | ||
describe authorize the categories of
care, treatment, or | ||
procedures to be provided performed by the advanced
practice | ||
nurse. A collaborative agreement with a dentist must be in | ||
accordance with subsection (c-10) of this Section. | ||
Collaboration does not require an
employment relationship | ||
between the collaborating physician
or podiatric physician and | ||
advanced practice nurse. Collaboration means
the relationship | ||
under
which an advanced practice nurse works with a | ||
collaborating
physician or podiatric physician in an active | ||
clinical practice to deliver health care services in
accordance | ||
with
(i) the advanced practice nurse's training, education,
and | ||
experience and (ii) collaboration and consultation as | ||
documented in a
jointly developed written collaborative
| ||
agreement.
|
The agreement shall promote the
exercise of professional | ||
judgment by the advanced practice
nurse commensurate with his | ||
or her education and
experience. The services to be provided by | ||
the advanced
practice nurse shall be services that the
| ||
collaborating physician or podiatric physician is authorized | ||
to and generally provides or may provide in his or her clinical | ||
medical or podiatric practice, except as set forth in | ||
subsection (b-5) or (c-5) of this Section.
The agreement need | ||
not describe the exact steps that an advanced practice
nurse | ||
must take with respect to each specific condition, disease, or | ||
symptom
but must specify
which authorized procedures require | ||
the presence of the collaborating physician or podiatric | ||
physician as
the procedures are being performed. The | ||
collaborative
relationship under an agreement shall not be
| ||
construed to require the personal presence of a physician or | ||
podiatric physician at the place where services are rendered.
| ||
Methods of communication shall
be available for consultation | ||
with the collaborating
physician or podiatric physician in | ||
person or by telecommunications or electronic communications | ||
in accordance with
established written guidelines as set forth | ||
in the written
agreement.
| ||
(b-5) Absent an employment relationship, a written | ||
collaborative agreement may not (1) restrict the categories of | ||
patients of an advanced practice nurse within the scope of the | ||
advanced practice nurses training and experience, (2) limit | ||
third party payors or government health programs, such as the |
medical assistance program or Medicare with which the advanced | ||
practice nurse contracts, or (3) limit the geographic area or | ||
practice location of the advanced practice nurse in this State. | ||
(c) Collaboration and consultation under all collaboration | ||
agreements
shall be adequate if a
collaborating physician or | ||
podiatric physician does each of the following:
| ||
(1) Participates in the joint formulation and joint | ||
approval of orders or
guidelines with the advanced practice | ||
nurse and he or she periodically reviews such orders and | ||
the
services provided patients under such orders in | ||
accordance with accepted
standards of medical practice or | ||
podiatric practice and advanced practice nursing practice.
| ||
(2) Provides collaboration and consultation with the | ||
advanced practice nurse at least once a month. In the case | ||
of anesthesia services provided by a certified registered | ||
nurse anesthetist, an anesthesiologist, a physician, a | ||
dentist, or a podiatric physician must participate through | ||
discussion of and agreement with the anesthesia plan and | ||
remain physically present and available on the premises | ||
during the delivery of anesthesia services for diagnosis, | ||
consultation, and treatment of emergency medical | ||
conditions.
| ||
(3) Is available through telecommunications for | ||
consultation on medical
problems, complications, or | ||
emergencies or patient referral. In the case of anesthesia | ||
services provided by a certified registered nurse |
anesthetist, an anesthesiologist, a physician, a dentist, | ||
or a podiatric physician must participate through | ||
discussion of and agreement with the anesthesia plan and | ||
remain physically present and available on the premises | ||
during the delivery of anesthesia services for diagnosis, | ||
consultation, and treatment of emergency medical | ||
conditions.
| ||
The agreement must contain provisions detailing notice for | ||
termination or change of status involving a written | ||
collaborative agreement, except when such notice is given for | ||
just cause. | ||
(c-5) A certified registered nurse anesthetist, who | ||
provides anesthesia services outside of a hospital or | ||
ambulatory surgical treatment center shall enter into a written | ||
collaborative agreement with an anesthesiologist or the | ||
physician licensed to practice medicine in all its branches or | ||
the podiatric physician performing the procedure. Outside of a | ||
hospital or ambulatory surgical treatment center, the | ||
certified registered nurse anesthetist may provide only those | ||
services that the collaborating podiatric physician is | ||
authorized to provide pursuant to the Podiatric Medical | ||
Practice Act of 1987 and rules adopted thereunder. A certified | ||
registered nurse anesthetist may select, order, and administer | ||
medication, including controlled substances, and apply | ||
appropriate medical devices for delivery of anesthesia | ||
services under the anesthesia plan agreed with by the |
anesthesiologist or the operating physician or operating | ||
podiatric physician. | ||
(c-10) A certified registered nurse anesthetist who | ||
provides anesthesia services in a dental office shall enter | ||
into a written collaborative agreement with an | ||
anesthesiologist or the physician licensed to practice | ||
medicine in all its branches or the operating dentist | ||
performing the procedure. The agreement shall describe the | ||
working relationship of the certified registered nurse | ||
anesthetist and dentist and shall authorize the categories of | ||
care, treatment, or procedures to be performed by the certified | ||
registered nurse anesthetist. In a collaborating dentist's | ||
office, the certified registered nurse anesthetist may only | ||
provide those services that the operating dentist with the | ||
appropriate permit is authorized to provide pursuant to the | ||
Illinois Dental Practice Act and rules adopted thereunder. For | ||
anesthesia services, an anesthesiologist, physician, or | ||
operating dentist shall participate through discussion of and | ||
agreement with the anesthesia plan and shall remain physically | ||
present and be available on the premises during the delivery of | ||
anesthesia services for diagnosis, consultation, and treatment | ||
of emergency medical conditions. A certified registered nurse | ||
anesthetist may select, order, and administer medication, | ||
including controlled substances, and apply appropriate medical | ||
devices for delivery of anesthesia services under the | ||
anesthesia plan agreed with by the operating dentist. |
(d) A copy of the signed, written collaborative agreement | ||
must be available
to the Department upon request from both the | ||
advanced practice nurse
and the collaborating physician , | ||
dentist, or podiatric physician. | ||
(e) Nothing in this Act shall be construed to limit the | ||
delegation of tasks or duties by a physician to a licensed | ||
practical nurse, a registered professional nurse, or other | ||
persons in accordance with Section 54.2 of the Medical Practice | ||
Act of 1987. Nothing in this Act shall be construed to limit | ||
the method of delegation that may be authorized by any means, | ||
including, but not limited to, oral, written, electronic, | ||
standing orders, protocols, guidelines, or verbal orders. | ||
Nothing in this Act shall be construed to authorize an advanced | ||
practice nurse to provide health care services required by law | ||
or rule to be performed by a physician. | ||
(f) An advanced
practice nurse shall inform each | ||
collaborating physician, dentist, or podiatric physician of | ||
all collaborative
agreements he or she
has signed and provide a | ||
copy of these to any collaborating physician, dentist, or | ||
podiatric physician upon
request.
| ||
(g) (Blank). For the purposes of this Act, "generally | ||
provides or may provide in his or her clinical medical | ||
practice" means categories of care or treatment, not specific | ||
tasks or duties, the physician provides individually or through | ||
delegation to other persons so that the physician has the | ||
experience and ability to provide collaboration and |
consultation. This definition shall not be construed to | ||
prohibit an advanced practice nurse from providing primary | ||
health treatment or care within the scope of his or her | ||
training and experience, including, but not limited to, health | ||
screenings, patient histories, physical examinations, women's | ||
health examinations, or school physicals that may be provided | ||
as part of the routine practice of an advanced practice nurse | ||
or on a volunteer basis. | ||
For the purposes of this Act, "generally provides or may | ||
provide in his or her clinical podiatric practice" means | ||
services, not specific tasks or duties, that the podiatric | ||
physician routinely provides individually or through | ||
delegation to other persons so that the podiatric physician has | ||
the experience and ability to provide collaboration and | ||
consultation. | ||
(Source: P.A. 97-358, eff. 8-12-11; 98-192, eff. 1-1-14; | ||
98-214, eff. 8-9-13; 98-756, eff. 7-16-14.)
| ||
(225 ILCS 65/65-35.1 new) | ||
Sec. 65-35.1. Written collaborative agreement; temporary | ||
practice. Any advanced practice nurse required to enter into a | ||
written collaborative agreement with a collaborating physician | ||
or collaborating podiatrist is authorized to continue to | ||
practice for up to 90 days after the termination of a | ||
collaborative agreement provided the advanced practice nurse | ||
seeks any needed collaboration at a local hospital and refers |
patients who require services beyond the training and | ||
experience of the advanced practice nurse to a physician or | ||
other health care provider.
| ||
(225 ILCS 65/65-45)
(was 225 ILCS 65/15-25)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 65-45. Advanced practice nursing in hospitals, | ||
hospital affiliates, or ambulatory surgical treatment centers.
| ||
(a) An advanced practice nurse may provide
services in a | ||
hospital or a hospital affiliate as those terms are defined in | ||
the Hospital Licensing Act or the University of Illinois | ||
Hospital Act or a licensed ambulatory surgical
treatment center | ||
without a written collaborative agreement pursuant to Section | ||
65-35 of this Act. An advanced practice nurse must possess | ||
clinical privileges recommended by the hospital medical staff | ||
and granted by the hospital or the consulting medical staff | ||
committee and ambulatory surgical treatment center in order to | ||
provide services. The medical staff or consulting medical staff | ||
committee shall periodically review the services of advanced | ||
practice nurses granted clinical privileges, including any | ||
care provided in a hospital affiliate. Authority may also be | ||
granted when recommended by the hospital medical staff and | ||
granted by the hospital or recommended by the consulting | ||
medical staff committee and ambulatory surgical treatment | ||
center to individual advanced practice nurses to select, order, | ||
and administer medications, including controlled substances, |
to provide delineated care. In a hospital, hospital affiliate, | ||
or ambulatory surgical treatment center, the attending | ||
physician shall determine an advanced practice nurse's role in | ||
providing care for his or her patients, except as otherwise | ||
provided in the medical staff bylaws or consulting committee | ||
policies.
| ||
(a-2) An advanced practice nurse granted authority to order | ||
medications including controlled substances may complete | ||
discharge prescriptions provided the prescription is in the | ||
name of the advanced practice nurse and the attending or | ||
discharging physician. | ||
(a-3) Advanced practice nurses practicing in a hospital or | ||
an ambulatory surgical treatment center are not required to | ||
obtain a mid-level controlled substance license to order | ||
controlled substances under Section 303.05 of the Illinois | ||
Controlled Substances Act. | ||
(a-5) For
anesthesia services provided by a certified | ||
registered nurse anesthetist, an anesthesiologist,
physician, | ||
dentist,
or podiatric physician shall participate through | ||
discussion of and agreement with the
anesthesia plan and shall
| ||
remain
physically present
and be available on the premises | ||
during the delivery of anesthesia services for
diagnosis, | ||
consultation, and treatment of
emergency medical conditions, | ||
unless hospital policy adopted pursuant to
clause (B) of | ||
subdivision (3) of Section 10.7 of the Hospital Licensing Act
| ||
or ambulatory surgical treatment center policy adopted |
pursuant to
clause (B) of subdivision (3) of Section 6.5 of the | ||
Ambulatory Surgical
Treatment Center Act
provides otherwise. A | ||
certified registered nurse anesthetist may select, order, and | ||
administer medication for anesthesia services under the | ||
anesthesia plan agreed to by the anesthesiologist or the | ||
physician, in accordance with hospital alternative policy or | ||
the medical staff consulting committee policies of a licensed | ||
ambulatory surgical treatment center.
| ||
(b) An advanced practice nurse who provides
services in a | ||
hospital shall do so in accordance with Section 10.7 of the
| ||
Hospital
Licensing Act and, in an
ambulatory surgical treatment | ||
center, in accordance with Section 6.5 of the
Ambulatory
| ||
Surgical Treatment Center Act.
| ||
(c) Advanced practice nurses certified as nurse | ||
practitioners, nurse midwives, or clinical nurse specialists | ||
practicing in a hospital affiliate may be, but are not required | ||
to be, granted authority to prescribe Schedule II through V | ||
controlled substances when such authority is recommended by the | ||
appropriate physician committee of the hospital affiliate and | ||
granted by the hospital affiliate. This authority may, but is | ||
not required to, include prescription of, selection of, orders | ||
for, administration of, storage of, acceptance of samples of, | ||
and dispensing over-the-counter medications, legend drugs, | ||
medical gases, and controlled substances categorized as | ||
Schedule II through V controlled substances, as defined in | ||
Article II of the Illinois Controlled Substances Act, and other |
preparations, including, but not limited to, botanical and | ||
herbal remedies. | ||
To prescribe controlled substances under this subsection | ||
(c), an advanced practice nurse certified as a nurse | ||
practitioner, nurse midwife, or clinical nurse specialist must | ||
obtain a mid-level practitioner controlled substance license. | ||
Medication orders shall be reviewed periodically by the | ||
appropriate hospital affiliate physicians committee or its | ||
physician designee. | ||
The hospital affiliate shall file with the Department | ||
notice of a grant of prescriptive authority consistent with | ||
this subsection (c) and termination of such a grant of | ||
authority, in accordance with rules of the Department. Upon | ||
receipt of this notice of grant of authority to prescribe any | ||
Schedule II through V controlled substances, the licensed | ||
advanced practice nurse certified as a nurse practitioner, | ||
nurse midwife, or clinical nurse specialist may register for a | ||
mid-level practitioner controlled substance license under | ||
Section 303.05 of the Illinois Controlled Substances Act. | ||
In addition, a hospital affiliate may, but is not required | ||
to, grant authority to an advanced practice nurse certified as | ||
a nurse practitioner, nurse midwife, or clinical nurse | ||
specialist to prescribe any Schedule II controlled substances, | ||
if all of the following conditions apply: | ||
(1) specific Schedule II controlled substances by oral | ||
dosage or topical or transdermal application may be |
designated, provided that the designated Schedule II | ||
controlled substances are routinely prescribed by advanced | ||
practice nurses in their area of certification; this grant | ||
of authority must identify the specific Schedule II | ||
controlled substances by either brand name or generic name; | ||
authority to prescribe or dispense Schedule II controlled | ||
substances to be delivered by injection or other route of | ||
administration may not be granted; | ||
(2) any grant of authority must be controlled | ||
substances limited to the practice of the advanced practice | ||
nurse; | ||
(3) any prescription must be limited to no more than a | ||
30-day supply; | ||
(4) the advanced practice nurse must discuss the | ||
condition of any patients for whom a controlled substance | ||
is prescribed monthly with the appropriate physician | ||
committee of the hospital affiliate or its physician | ||
designee; and | ||
(5) the advanced practice nurse must meet the education | ||
requirements of Section 303.05 of the Illinois Controlled | ||
Substances Act. | ||
(Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)
| ||
Section 40. The Illinois Occupational Therapy Practice Act | ||
is amended by changing Section 3.1 as follows:
|
(225 ILCS 75/3.1)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 3.1. Referrals. | ||
(a) A licensed occupational therapist or licensed
| ||
occupational therapy assistant may consult with, educate, | ||
evaluate, and monitor
services for individuals, groups, and | ||
populations concerning occupational therapy needs. Except as | ||
indicated in subsections (b) and (c) of this Section, | ||
implementation
of direct occupational therapy treatment to | ||
individuals for their specific
health care conditions shall be | ||
based upon a referral from a licensed
physician, dentist, | ||
podiatric physician, or advanced practice nurse who has a | ||
written collaborative agreement with a collaborating physician | ||
to provide or accept referrals from licensed occupational | ||
therapists , physician assistant who has been delegated | ||
authority to provide or accept referrals from or to licensed | ||
occupational therapists , or optometrist.
| ||
(b) A referral is not required for the purpose of providing | ||
consultation, habilitation, screening, education, wellness, | ||
prevention, environmental assessments, and work-related | ||
ergonomic services to individuals, groups, or populations. | ||
(c) Referral from a physician or other health care provider | ||
is not required for evaluation or intervention for children and | ||
youths if an occupational therapist or occupational therapy | ||
assistant provides services in a school-based or educational | ||
environment, including the child's home. |
(d) An occupational therapist shall refer to a licensed | ||
physician, dentist,
optometrist, advanced practice nurse, | ||
physician assistant, or podiatric physician any patient whose | ||
medical condition should, at the
time of evaluation or | ||
treatment, be determined to be beyond the scope of
practice of | ||
the occupational therapist.
| ||
(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13; | ||
98-756, eff. 7-16-14.)
| ||
Section 45. The Orthotics, Prosthetics, and Pedorthics | ||
Practice Act is amended by changing Section 57 as follows:
| ||
(225 ILCS 84/57)
| ||
(Section scheduled to be repealed on January 1, 2020)
| ||
Sec. 57. Limitation on provision of care and services. A
| ||
licensed orthotist, prosthetist, or pedorthist may provide | ||
care or services only if the care
or services are provided | ||
pursuant to an order from (i) a licensed physician, (ii) a | ||
licensed podiatric physician, (iii) a licensed an advanced | ||
practice nurse who has a written collaborative agreement with a | ||
collaborating physician or podiatric physician that | ||
specifically authorizes ordering the services of an orthotist, | ||
prosthetist or pedorthist , or (iv) an advanced practice nurse | ||
who practices in a hospital or ambulatory surgical treatment | ||
center and possesses clinical privileges to order services of | ||
an orthotist, prosthetist, or pedorthist, or (v) a licensed |
physician assistant who has been delegated the authority to | ||
order the services of an orthotist, prosthetist, or pedorthist | ||
by his or her supervising physician . A licensed podiatric | ||
physician or advanced practice nurse collaborating with a | ||
podiatric physician may only order care or services concerning | ||
the foot from a licensed prosthetist.
| ||
(Source: P.A. 98-214, eff. 8-9-13.)
| ||
Section 50. The Illinois Physical Therapy Act is amended by | ||
changing Section 1 as follows:
| ||
(225 ILCS 90/1) (from Ch. 111, par. 4251)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 1. Definitions. As used in this Act:
| ||
(1) "Physical therapy" means all of the following: | ||
(A) Examining, evaluating, and testing individuals who | ||
may have mechanical, physiological, or developmental | ||
impairments, functional limitations, disabilities, or | ||
other health and movement-related conditions, classifying | ||
these disorders, determining a rehabilitation prognosis | ||
and plan of therapeutic intervention, and assessing the | ||
on-going effects of the interventions. | ||
(B) Alleviating impairments, functional limitations, | ||
or disabilities by designing, implementing, and modifying | ||
therapeutic interventions that may include, but are not | ||
limited to, the evaluation or treatment of a person through |
the use of the effective properties of physical measures | ||
and heat, cold, light, water, radiant energy, electricity, | ||
sound, and air and use of therapeutic massage, therapeutic | ||
exercise, mobilization, and rehabilitative procedures, | ||
with or without assistive devices, for the purposes of | ||
preventing, correcting, or alleviating a physical or | ||
mental impairment, functional limitation, or disability. | ||
(C) Reducing the risk of injury, impairment, | ||
functional limitation, or disability, including the | ||
promotion and maintenance of fitness, health, and | ||
wellness. | ||
(D) Engaging in administration, consultation, | ||
education, and research.
| ||
Physical therapy
includes, but is not limited to: (a) | ||
performance
of specialized tests and measurements, (b) | ||
administration of specialized
treatment procedures, (c) | ||
interpretation of referrals from physicians, dentists, | ||
advanced practice nurses, physician assistants,
and podiatric | ||
physicians, (d) establishment, and modification of physical | ||
therapy
treatment programs, (e) administration of topical | ||
medication used in generally
accepted physical therapy | ||
procedures when such medication is prescribed
by the patient's | ||
physician, licensed to practice medicine in all its branches,
| ||
the patient's physician licensed to practice podiatric | ||
medicine, the patient's advanced practice nurse, the patient's | ||
physician assistant, or the
patient's dentist, and (f) |
supervision or teaching of physical therapy.
Physical therapy | ||
does not include radiology, electrosurgery, chiropractic
| ||
technique or determination of a differential
diagnosis; | ||
provided, however,
the limitation on determining a | ||
differential diagnosis shall not in any
manner limit a physical | ||
therapist licensed under this Act from performing
an evaluation | ||
pursuant to such license. Nothing in this Section shall limit
a | ||
physical therapist from employing appropriate physical therapy | ||
techniques
that he or she is educated and licensed to perform. | ||
A physical therapist
shall refer to a licensed physician, | ||
advanced practice nurse, physician assistant, dentist, or | ||
podiatric physician any patient
whose medical condition | ||
should, at the time of evaluation or treatment, be
determined | ||
to be beyond the scope of practice of the physical therapist.
| ||
(2) "Physical therapist" means a person who practices | ||
physical therapy
and who has met all requirements as provided | ||
in this Act.
| ||
(3) "Department" means the Department of Professional | ||
Regulation.
| ||
(4) "Director" means the Director of Professional | ||
Regulation.
| ||
(5) "Board" means the Physical Therapy Licensing and | ||
Disciplinary Board approved
by the Director.
| ||
(6) "Referral" means a written or oral authorization for | ||
physical therapy services for a patient by a physician, | ||
dentist, advanced practice nurse, physician assistant, or |
podiatric physician who maintains medical supervision of the | ||
patient and makes a diagnosis or verifies that the patient's | ||
condition is such that it may be treated by a physical | ||
therapist.
| ||
(7) "Documented current and relevant diagnosis" for the | ||
purpose of
this Act means a diagnosis, substantiated by | ||
signature or oral verification
of a physician, dentist, | ||
advanced practice nurse, physician assistant, or podiatric | ||
physician, that a patient's condition is such
that it may be | ||
treated by physical therapy as defined in this Act, which
| ||
diagnosis shall remain in effect until changed by the | ||
physician, dentist, advanced practice nurse, physician | ||
assistant,
or podiatric physician.
| ||
(8) "State" includes:
| ||
(a) the states of the United States of America;
| ||
(b) the District of Columbia; and
| ||
(c) the Commonwealth of Puerto Rico.
| ||
(9) "Physical therapist assistant" means a person licensed | ||
to assist a
physical therapist and who has met all requirements | ||
as provided in this Act
and who works under the supervision of | ||
a licensed physical therapist to assist
in implementing the | ||
physical therapy treatment program as established by the
| ||
licensed physical therapist. The patient care activities | ||
provided by the
physical therapist assistant shall not include | ||
the interpretation of referrals,
evaluation procedures, or the | ||
planning or major modification of patient programs.
|
(10) "Physical therapy aide" means a person who has | ||
received on
the job training, specific to the facility in which | ||
he is employed, but who
has not completed an approved physical | ||
therapist assistant program.
| ||
(11) "Advanced practice nurse" means a person licensed as | ||
an advanced practice nurse under the Nurse Practice Act who has | ||
a collaborative agreement with a collaborating physician that | ||
authorizes referrals to physical therapists . | ||
(12) "Physician assistant" means a person licensed under | ||
the Physician Assistant Practice Act of 1987 who has been | ||
delegated authority to make referrals to physical therapists .
| ||
(Source: P.A. 98-214, eff. 8-9-13.)
| ||
Section 53. The Podiatric Medical Practice Act of 1987 is | ||
amended by changing Section 20.5 as follows: | ||
(225 ILCS 100/20.5) | ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 20.5. Delegation of authority to advanced practice | ||
nurses.
| ||
(a) A podiatric physician in active clinical practice may | ||
collaborate with an advanced practice nurse in accordance with | ||
the requirements of the Nurse Practice Act. Collaboration shall | ||
be for the purpose of providing podiatric care consultation and | ||
no employment relationship shall be required. A written | ||
collaborative agreement shall conform to the requirements of |
Section 65-35 of the Nurse Practice Act. The written | ||
collaborative agreement shall be for services the | ||
collaborating podiatric physician generally provides to his or | ||
her patients in the normal course of clinical podiatric | ||
practice, except as set forth in item (3) of this subsection | ||
(a). A written collaborative agreement and podiatric physician | ||
collaboration and consultation shall be adequate with respect | ||
to advanced practice nurses if all of the following apply: | ||
(1) The agreement is written to promote the exercise of | ||
professional judgment by the advanced practice nurse | ||
commensurate with his or her education and experience. The | ||
agreement need not describe the exact steps that an | ||
advanced practice nurse must take with respect to each | ||
specific condition, disease, or symptom, but must specify | ||
which procedures require a podiatric physician's presence | ||
as the procedures are being performed. | ||
(2) Practice guidelines and orders are developed and | ||
approved jointly by the advanced practice nurse and | ||
collaborating podiatric physician, as needed, based on the | ||
practice of the practitioners. Such guidelines and orders | ||
and the patient services provided thereunder are | ||
periodically reviewed by the collaborating podiatric | ||
physician. | ||
(1) (3) The advance practice nurse provides services | ||
that the collaborating podiatric physician generally | ||
provides to his or her patients in the normal course of |
clinical practice. With respect to the provision of | ||
anesthesia services by a certified registered nurse | ||
anesthetist, the collaborating podiatric physician must | ||
have training and experience in the delivery of anesthesia | ||
consistent with Department rules. | ||
(4) The collaborating podiatric physician and the | ||
advanced practice nurse consult at least once a month to | ||
provide collaboration and consultation. | ||
(2) (5) Methods of communication are available with the | ||
collaborating podiatric physician in person or through | ||
telecommunications or electronic communications for | ||
consultation, collaboration, and referral as needed to | ||
address patient care needs. | ||
(3) (6) With respect to the provision of anesthesia | ||
services by a certified registered nurse anesthetist, an | ||
anesthesiologist, physician, or podiatric physician shall | ||
participate through discussion of and agreement with the | ||
anesthesia plan and shall remain physically present and be | ||
available on the premises during the delivery of anesthesia | ||
services for diagnosis, consultation, and treatment of | ||
emergency medical conditions. The anesthesiologist or | ||
operating podiatric physician must agree with the | ||
anesthesia plan prior to the delivery of services. | ||
(7) The agreement contains provisions detailing notice | ||
for termination or change of status involving a written | ||
collaborative agreement, except when such notice is given |
for just cause. | ||
(b) The collaborating podiatric physician shall have | ||
access to the records of all patients attended to by an | ||
advanced practice nurse. | ||
(c) Nothing in this Section shall be construed to limit the | ||
delegation of tasks or duties by a podiatric physician to a | ||
licensed practical nurse, a registered professional nurse, or | ||
other appropriately trained persons. | ||
(d) A podiatric physician shall not be liable for the acts | ||
or omissions of an advanced practice nurse solely on the basis | ||
of having signed guidelines or a collaborative agreement, an | ||
order, a standing order, a standing delegation order, or other | ||
order or guideline authorizing an advanced practice nurse to | ||
perform acts, unless the podiatric physician has reason to | ||
believe the advanced practice nurse lacked the competency to | ||
perform the act or acts or commits willful or wanton | ||
misconduct.
| ||
(e) A podiatric physician, may, but is not required to | ||
delegate prescriptive authority to an advanced practice nurse | ||
as part of a written collaborative agreement and the delegation | ||
of prescriptive authority shall conform to the requirements of | ||
Section 65-40 of the Nurse Practice Act. | ||
(Source: P.A. 97-358, eff. 8-12-11; 97-813, eff. 7-13-12; | ||
98-214, eff. 8-9-13.) | ||
Section 55. The Respiratory Care Practice Act is amended by |
changing Section 10 as follows:
| ||
(225 ILCS 106/10)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 10. Definitions. In this Act:
| ||
"Advanced practice nurse" means an advanced practice nurse | ||
licensed under the Nurse Practice Act.
| ||
"Board" means the Respiratory Care Board appointed by the | ||
Director. | ||
"Basic respiratory care activities" means and includes all | ||
of the following activities: | ||
(1) Cleaning, disinfecting, and sterilizing equipment | ||
used in the practice of respiratory care as delegated by a | ||
licensed health care professional or other authorized | ||
licensed personnel. | ||
(2) Assembling equipment used in the practice of | ||
respiratory care as delegated by a licensed health care | ||
professional or other authorized licensed personnel. | ||
(3) Collecting and reviewing patient data through | ||
non-invasive means, provided that the collection and | ||
review does not include the individual's interpretation of | ||
the clinical significance of the data. Collecting and | ||
reviewing patient data includes the performance of pulse | ||
oximetry and non-invasive monitoring procedures in order | ||
to obtain vital signs and notification to licensed health | ||
care professionals and other authorized licensed personnel |
in a timely manner. | ||
(4) Maintaining a nasal cannula or face mask for oxygen | ||
therapy in the proper position on the patient's face. | ||
(5) Assembling a nasal cannula or face mask for oxygen | ||
therapy at patient bedside in preparation for use. | ||
(6) Maintaining a patient's natural airway by | ||
physically manipulating the jaw and neck, suctioning the | ||
oral cavity, or suctioning the mouth or nose with a bulb | ||
syringe. | ||
(7) Performing assisted ventilation during emergency | ||
resuscitation using a manual resuscitator. | ||
(8) Using a manual resuscitator at the direction of a | ||
licensed health care professional or other authorized | ||
licensed personnel who is present and performing routine | ||
airway suctioning. These activities do not include care of | ||
a patient's artificial airway or the adjustment of | ||
mechanical ventilator settings while a patient is | ||
connected to the ventilator.
| ||
"Basic respiratory care activities" does not mean activities | ||
that involve any of the following:
| ||
(1) Specialized knowledge that results from a course of | ||
education or training in respiratory care. | ||
(2) An unreasonable risk of a negative outcome for the | ||
patient. | ||
(3) The assessment or making of a decision concerning | ||
patient care. |
(4) The administration of aerosol medication or | ||
oxygen. | ||
(5) The insertion and maintenance of an artificial | ||
airway. | ||
(6) Mechanical ventilatory support. | ||
(7) Patient assessment. | ||
(8) Patient education.
| ||
"Department" means the Department of Professional | ||
Regulation.
| ||
"Director" means the Director of
Professional Regulation.
| ||
"Licensed" means that which is required to hold oneself
out | ||
as
a respiratory care
practitioner as defined in this Act.
| ||
"Licensed health care professional" means a physician | ||
licensed to practice medicine in all its branches, a licensed | ||
an advanced practice nurse who has a written collaborative | ||
agreement with a collaborating physician that authorizes the | ||
advanced practice nurse to transmit orders to a respiratory | ||
care practitioner , or a licensed physician assistant who has | ||
been delegated the authority to transmit orders to a | ||
respiratory care practitioner by his or her supervising | ||
physician .
| ||
"Order" means a written, oral, or telecommunicated | ||
authorization for respiratory care services for a patient by | ||
(i) a licensed health care professional who maintains medical | ||
supervision of the patient and makes a diagnosis or verifies | ||
that the patient's condition is such that it may be treated by |
a respiratory care practitioner or (ii) a certified registered | ||
nurse anesthetist in a licensed hospital or ambulatory surgical | ||
treatment center.
| ||
"Other authorized licensed personnel" means a licensed | ||
respiratory care practitioner, a licensed registered nurse, or | ||
a licensed practical nurse whose scope of practice authorizes | ||
the professional to supervise an individual who is not | ||
licensed, certified, or registered as a health professional. | ||
"Proximate supervision" means a situation in which an | ||
individual is
responsible for directing the actions of another | ||
individual in the facility and is physically close enough to be | ||
readily available, if needed, by the supervised individual.
| ||
"Respiratory care" and "cardiorespiratory care"
mean | ||
preventative services, evaluation and assessment services, | ||
therapeutic services, and rehabilitative services under the | ||
order of a licensed health care professional or a certified | ||
registered nurse anesthetist in a licensed hospital for an | ||
individual with a disorder, disease, or abnormality of the | ||
cardiopulmonary system. These terms include, but are not | ||
limited to, measuring, observing, assessing, and monitoring | ||
signs and symptoms, reactions, general behavior, and general | ||
physical response of individuals to respiratory care services, | ||
including the determination of whether those signs, symptoms, | ||
reactions, behaviors, or general physical responses exhibit | ||
abnormal characteristics; the administration of | ||
pharmacological and therapeutic agents related to respiratory |
care services; the collection of blood specimens and other | ||
bodily fluids and tissues for, and the performance of, | ||
cardiopulmonary diagnostic testing procedures, including, but | ||
not limited to, blood gas analysis; development, | ||
implementation, and modification of respiratory care treatment | ||
plans based on assessed abnormalities of the cardiopulmonary | ||
system, respiratory care guidelines, referrals, and orders of a | ||
licensed health care professional; application, operation, and | ||
management of mechanical ventilatory support and other means of | ||
life support; and the initiation of emergency procedures under | ||
the rules promulgated by the Department. A respiratory care | ||
practitioner shall refer to a physician licensed to practice | ||
medicine in all its branches any patient whose condition, at | ||
the time of evaluation or treatment, is determined to be beyond | ||
the scope of practice of the respiratory care practitioner.
| ||
"Respiratory care education program" means a course of | ||
academic study leading
to eligibility for registry or | ||
certification in respiratory care. The training
is to be | ||
approved by an accrediting agency recognized by the Board and | ||
shall
include an evaluation of competence through a | ||
standardized testing mechanism
that is determined by the Board | ||
to be both valid and reliable.
| ||
"Respiratory care practitioner" means a person who is | ||
licensed by the
Department of Professional Regulation and meets | ||
all of the following
criteria:
| ||
(1) The person is engaged in the practice of |
cardiorespiratory care and
has the knowledge and skill | ||
necessary to administer respiratory care.
| ||
(2) The person is capable of serving as a resource to | ||
the
licensed
health care professional in
relation to the | ||
technical aspects of cardiorespiratory care and the safe | ||
and
effective methods for administering cardiorespiratory | ||
care modalities.
| ||
(3) The person is able to function in situations of | ||
unsupervised patient
contact requiring great individual | ||
judgment.
| ||
(Source: P.A. 94-523, eff. 1-1-06; 95-639, eff. 10-5-07.)
| ||
Section 60. The Genetic Counselor Licensing Act is amended | ||
by changing Sections 10, 20, and 95 as follows: | ||
(225 ILCS 135/10) | ||
(Section scheduled to be repealed on January 1, 2025) | ||
Sec. 10. Definitions. As used in this Act: | ||
"ABGC" means the American Board of Genetic Counseling. | ||
"ABMG" means the American Board of Medical Genetics. | ||
"Active candidate status" is awarded to applicants who have | ||
received approval from the ABGC or ABMG to sit for their | ||
respective certification examinations.
| ||
"Address of record" means the designated address recorded | ||
by the Department in the applicant's or licensee's application | ||
file or license file as maintained by the Department's |
licensure maintenance unit. It is the duty of the applicant or | ||
licensee to inform the Department of any change of address, and | ||
those changes must be made either through the Department's | ||
website or by contacting the Department. | ||
"Department" means the Department of Financial and | ||
Professional Regulation. | ||
"Genetic anomaly" means a variation in an individual's DNA | ||
that has been shown to confer a genetically influenced disease | ||
or predisposition to a genetically influenced disease or makes | ||
a person a carrier of such variation. A "carrier" of a genetic | ||
anomaly means a person who may or may not have a predisposition | ||
or risk of incurring a genetically influenced condition and who | ||
is at risk of having offspring with a genetically influenced | ||
condition.
| ||
"Genetic counseling" means the provision of services, | ||
which may include the ordering of genetic tests, pursuant to a | ||
referral, to individuals, couples, groups, families, and | ||
organizations by one or more appropriately trained individuals | ||
to address the physical and psychological issues associated | ||
with the occurrence or risk of occurrence or recurrence of a | ||
genetic disorder, birth defect, disease, or potentially | ||
inherited or genetically influenced condition in an individual | ||
or a family.
"Genetic counseling" consists of the following: | ||
(A) Estimating the likelihood of occurrence or | ||
recurrence of a birth defect or of any potentially | ||
inherited or genetically influenced condition. This |
assessment may involve: | ||
(i) obtaining and analyzing a complete health | ||
history of the person and his or her family; | ||
(ii) reviewing pertinent medical records; | ||
(iii) evaluating the risks from exposure to | ||
possible mutagens or teratogens; | ||
(iv) recommending genetic testing or other | ||
evaluations to diagnose a condition or determine the | ||
carrier status of one or more family members; | ||
(B) Helping the individual, family, health care | ||
provider, or health care professional
(i) appreciate the | ||
medical, psychological and social implications of a | ||
disorder, including its features, variability, usual | ||
course and management options, (ii) learn how genetic | ||
factors contribute to the disorder and affect the chance | ||
for recurrence of the condition in other family members, | ||
and (iii) understand available options for coping with, | ||
preventing, or reducing the chance of
occurrence or | ||
recurrence of a condition.
| ||
(C) Facilitating an individual's or family's
(i) | ||
exploration of the perception of risk and burden associated | ||
with the disorder and (ii) adjustment and adaptation to the | ||
condition or their genetic risk by addressing needs for
| ||
psychological, social, and medical support.
| ||
"Genetic counselor" means a person licensed under this Act | ||
to engage in the practice of genetic counseling. |
"Genetic testing" and "genetic test" mean a test or | ||
analysis of human genes, gene products, DNA, RNA, chromosomes, | ||
proteins, or metabolites that detects genotypes, mutations, | ||
chromosomal changes, abnormalities, or deficiencies, including | ||
carrier status, that (i) are linked to physical or mental | ||
disorders or impairments, (ii) indicate a susceptibility to | ||
illness, disease, impairment, or other disorders, whether | ||
physical or mental, or (iii) demonstrate genetic or chromosomal | ||
damage due to environmental factors. "Genetic testing" and | ||
"genetic tests" do not include routine physical measurements; | ||
chemical, blood and urine analyses that are widely accepted and | ||
in use in clinical practice; tests for use of drugs; tests for | ||
the presence of the human immunodeficiency virus; analyses of | ||
proteins or metabolites that do not detect genotypes, | ||
mutations, chromosomal changes, abnormalities, or | ||
deficiencies; or analyses of proteins or metabolites that are | ||
directly related to a manifested disease, disorder, or | ||
pathological condition that could reasonably be detected by a | ||
health care professional with appropriate training and | ||
expertise in the field of medicine involved. | ||
"Person" means an individual, association, partnership, or | ||
corporation. | ||
"Qualified supervisor" means any person who is a licensed | ||
genetic counselor, as defined by rule, or a physician licensed | ||
to practice medicine in all its branches. A qualified | ||
supervisor may be provided at the applicant's place of work, or |
may be contracted by the applicant to provide supervision. The | ||
qualified supervisor shall file written documentation with
the | ||
Department of employment, discharge, or supervisory control of | ||
a genetic counselor at the time of employment, discharge, or | ||
assumption of supervision of a genetic counselor. | ||
"Referral" means a written or telecommunicated | ||
authorization for genetic counseling services from a physician | ||
licensed to practice medicine in all its branches, a licensed | ||
an advanced practice nurse who has a collaborative agreement | ||
with a collaborating physician that authorizes referrals to a | ||
genetic counselor , or a licensed physician assistant who has a | ||
supervision agreement with a supervising physician that | ||
authorizes referrals to a genetic counselor .
| ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
"Supervision" means review of aspects of genetic | ||
counseling and case management in a bimonthly meeting with the | ||
person under supervision.
| ||
(Source: P.A. 98-813, eff. 1-1-15 .) | ||
(225 ILCS 135/20) | ||
(Section scheduled to be repealed on January 1, 2025) | ||
Sec. 20. Restrictions and limitations.
| ||
(a) Except as provided in Section 15, no person shall, | ||
without a valid license as a genetic counselor issued by the | ||
Department (i) in any manner hold himself or herself out to the |
public as a genetic counselor under this Act; (ii) use in | ||
connection with his or her name or place of business the title | ||
"genetic counselor", "licensed genetic counselor", "gene | ||
counselor", "genetic consultant", or "genetic associate" or | ||
any words, letters, abbreviations, or insignia indicating or | ||
implying a person has met the qualifications for or has the | ||
license issued under this Act; or (iii) offer to render or | ||
render to individuals, corporations, or the public genetic | ||
counseling services if the words "genetic counselor" or | ||
"licensed genetic counselor" are used to describe the person | ||
offering to render or rendering them, or "genetic counseling" | ||
is used to describe the services rendered or offered to be | ||
rendered.
| ||
(b) No licensed genetic counselor may provide genetic | ||
counseling to individuals, couples, groups, or families | ||
without a referral from a physician licensed to practice | ||
medicine in all its branches, a licensed an advanced practice | ||
nurse who has a collaborative agreement with a collaborating | ||
physician that authorizes referrals to a genetic counselor , or | ||
a licensed physician assistant who has been delegated authority | ||
to make referrals to genetic counselors . The physician, | ||
advanced practice nurse, or physician assistant shall maintain | ||
supervision of the patient and be provided timely written | ||
reports on the services, including genetic testing results, | ||
provided by the licensed genetic counselor. Genetic testing | ||
shall be ordered by a physician licensed to practice medicine |
in all its branches or a genetic counselor pursuant to a | ||
referral that gives the specific authority to order genetic | ||
tests. Genetic test results and reports shall be provided to | ||
the referring physician, advanced practice nurse, or physician | ||
assistant. General seminars or talks to groups or organizations | ||
on genetic counseling that do not include individual, couple, | ||
or family specific counseling may be conducted without a | ||
referral. In clinical settings, genetic counselors who serve as | ||
a liaison between family members of a patient and a genetic | ||
research project, may, with the consent of the patient, provide | ||
information to family members for the purpose of gathering | ||
additional information, as it relates to the patient, without a | ||
referral. In non-clinical settings where no patient is being | ||
treated, genetic counselors who serve as a liaison between a | ||
genetic research project and participants in that genetic | ||
research project may provide information to the participants, | ||
without a referral.
| ||
(c) No association or partnership shall practice genetic | ||
counseling unless every member, partner, and employee of the | ||
association or partnership who practices genetic counseling or | ||
who renders genetic counseling services holds a valid license | ||
issued under this Act. No license shall be issued to a | ||
corporation, the stated purpose of which includes or which | ||
practices or which holds itself out as available to practice | ||
genetic counseling, unless it is organized under the | ||
Professional Service Corporation Act.
|
(d) Nothing in this Act shall be construed as permitting | ||
persons licensed as genetic counselors to engage in any manner | ||
in the practice of medicine in all its branches as defined by | ||
law in this State.
| ||
(e) Nothing in this Act shall be construed to authorize a | ||
licensed genetic counselor to diagnose, test (unless | ||
authorized in a referral), or treat any genetic or other | ||
disease or condition. | ||
(f) When, in the course of providing genetic counseling | ||
services to any person, a genetic counselor licensed under this | ||
Act finds any indication of a disease or condition that in his | ||
or her professional judgment requires professional service | ||
outside the scope of practice as defined in this Act, he or she | ||
shall refer that person to a physician licensed to practice | ||
medicine in all of its branches.
| ||
(Source: P.A. 98-813, eff. 1-1-15 .) | ||
(225 ILCS 135/95) | ||
(Section scheduled to be repealed on January 1, 2025) | ||
Sec. 95. Grounds for discipline.
| ||
(a) The Department may refuse to issue, renew, or may | ||
revoke, suspend, place on probation, reprimand, or take other | ||
disciplinary or non-disciplinary action as the Department | ||
deems appropriate, including the issuance of fines not to | ||
exceed $10,000 for each violation, with regard to any license | ||
for any one or more of the following: |
(1) Material misstatement in furnishing information to | ||
the Department or to any other State agency.
| ||
(2) Violations or negligent or intentional disregard | ||
of this Act, or any of its rules.
| ||
(3) Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or | ||
sentencing, including, but not limited to, convictions, | ||
preceding sentences of supervision, conditional discharge, | ||
or first offender probation, under the laws of any | ||
jurisdiction of the United States: (i) that is a felony or | ||
(ii) that is a misdemeanor, an essential element of which | ||
is dishonesty, or that is directly related to the practice | ||
of genetic counseling.
| ||
(4) Making any misrepresentation for the purpose of | ||
obtaining a license, or violating any provision of this Act | ||
or its rules. | ||
(5) Negligence in the rendering of genetic counseling | ||
services.
| ||
(6) Failure to provide genetic testing results and any | ||
requested information to a referring physician licensed to | ||
practice medicine in all its branches, advanced practice | ||
nurse, or physician assistant.
| ||
(7) Aiding or assisting another person in violating any | ||
provision of this Act or any rules.
| ||
(8) Failing to provide information within 60 days in | ||
response to a written request made by the Department.
|
(9) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a character likely to deceive, | ||
defraud, or harm the public and violating the rules of | ||
professional conduct adopted by the Department.
| ||
(10) Failing to maintain the confidentiality of any | ||
information received from a client, unless otherwise | ||
authorized or required by law.
| ||
(10.5) Failure to maintain client records of services | ||
provided and provide copies to clients upon request. | ||
(11) Exploiting a client for personal advantage, | ||
profit, or interest.
| ||
(12) Habitual or excessive use or addiction to alcohol, | ||
narcotics, stimulants, or any other chemical agent or drug | ||
which results in inability to practice with reasonable | ||
skill, judgment, or safety.
| ||
(13) Discipline by another governmental agency or unit | ||
of government, by any jurisdiction of the United States, or | ||
by a foreign nation, if at least one of the grounds for the | ||
discipline is the same or substantially equivalent to those | ||
set forth in this Section.
| ||
(14) Directly or indirectly giving to or receiving from | ||
any person, firm, corporation, partnership, or association | ||
any fee, commission, rebate, or other form of compensation | ||
for any professional service not actually rendered. | ||
Nothing in this paragraph (14) affects any bona fide | ||
independent contractor or employment arrangements among |
health care professionals, health facilities, health care | ||
providers, or other entities, except as otherwise | ||
prohibited by law. Any employment arrangements may include | ||
provisions for compensation, health insurance, pension, or | ||
other employment benefits for the provision of services | ||
within the scope of the licensee's practice under this Act. | ||
Nothing in this paragraph (14) shall be construed to | ||
require an employment arrangement to receive professional | ||
fees for services rendered. | ||
(15) A finding by the Department that the licensee, | ||
after having the license placed on probationary status has | ||
violated the terms of probation.
| ||
(16) Failing to refer a client to other health care | ||
professionals when the licensee is unable or unwilling to | ||
adequately support or serve the client.
| ||
(17) Willfully filing false reports relating to a | ||
licensee's practice, including but not limited to false | ||
records filed with federal or State agencies or | ||
departments.
| ||
(18) Willfully failing to report an instance of | ||
suspected child abuse or neglect as required by the Abused | ||
and Neglected Child Reporting Act.
| ||
(19) Being named as a perpetrator in an indicated | ||
report by the Department of Children and Family Services | ||
pursuant to the Abused and Neglected Child Reporting Act, | ||
and upon proof by clear and convincing evidence that the |
licensee has caused a child to be an abused child or | ||
neglected child as defined in the Abused and Neglected | ||
Child Reporting Act.
| ||
(20) Physical or mental disability, including | ||
deterioration through the aging process or loss of | ||
abilities and skills which results in the inability to | ||
practice the profession with reasonable judgment, skill, | ||
or safety.
| ||
(21) Solicitation of professional services by using | ||
false or misleading advertising.
| ||
(22) Failure to file a return, or to pay the tax, | ||
penalty of interest shown in a filed return, or to pay any | ||
final assessment of tax, penalty or interest, as required | ||
by any tax Act administered by the Illinois Department of | ||
Revenue or any successor agency or the Internal Revenue | ||
Service or any successor agency.
| ||
(23) Fraud or making any misrepresentation in applying | ||
for or procuring a license under this Act or in connection | ||
with applying for renewal of a license under this Act.
| ||
(24) Practicing or attempting to practice under a name | ||
other than the full name as shown on the license or any | ||
other legally authorized name.
| ||
(25) Gross overcharging for professional services, | ||
including filing statements for collection of fees or | ||
monies for which services are not rendered.
| ||
(26) Providing genetic counseling services to |
individuals, couples, groups, or families without a | ||
referral from either a physician licensed to practice | ||
medicine in all its branches, a licensed an advanced | ||
practice nurse who has a collaborative agreement with a | ||
collaborating physician that authorizes the advanced | ||
practice nurse to make referrals to a genetic counselor , or | ||
a licensed physician assistant who has been delegated | ||
authority to make referrals to genetic counselors .
| ||
(27) Charging for professional services not rendered, | ||
including filing false statements for the collection of | ||
fees for which services are not rendered. | ||
(28) Allowing one's license under this Act to be used | ||
by an unlicensed person in violation of this Act. | ||
(b) The Department shall deny, without hearing, any | ||
application or renewal for a license under this Act to any | ||
person who has defaulted on an educational loan guaranteed by | ||
the Illinois State Assistance Commission; however, the | ||
Department may issue a license or renewal if the person in | ||
default has established a satisfactory repayment record as | ||
determined by the Illinois Student Assistance Commission.
| ||
(c) The determination by a court that a licensee is subject | ||
to involuntary admission or judicial admission as provided in | ||
the Mental Health and Developmental Disabilities Code will | ||
result in an automatic suspension of his or her license. The | ||
suspension will end upon a finding by a court that the licensee | ||
is no longer subject to involuntary admission or judicial |
admission, the issuance of an order so finding and discharging | ||
the patient, and the determination of the Secretary that the | ||
licensee be allowed to resume professional practice. | ||
(d) The Department may refuse to issue or renew or may | ||
suspend without hearing the license of any person who fails to | ||
file a return, to pay the tax penalty or interest shown in a | ||
filed return, or to pay any final assessment of the tax, | ||
penalty, or interest as required by any Act regarding the | ||
payment of taxes administered by the Illinois Department of | ||
Revenue until the requirements of the Act are satisfied in | ||
accordance with subsection (g) of Section 2105-15 of the Civil | ||
Administrative Code of Illinois. | ||
(e) In cases where the Department of Healthcare and Family | ||
Services has previously determined that a licensee or a | ||
potential licensee is more than 30 days delinquent in the | ||
payment of child support and has subsequently certified the | ||
delinquency to the Department, the Department may refuse to | ||
issue or renew or may revoke or suspend that person's license | ||
or may take other disciplinary action against that person based | ||
solely upon the certification of delinquency made by the | ||
Department of Healthcare and Family Services in accordance with | ||
item (5) of subsection (a) of Section 2105-15 of the Department | ||
of Professional Regulation Law of the Civil Administrative Code | ||
of Illinois. | ||
(f) All fines or costs imposed under this Section shall be | ||
paid within 60 days after the effective date of the order |
imposing the fine or costs or in accordance with the terms set | ||
forth in the order imposing the fine.
| ||
(Source: P.A. 97-813, eff. 7-13-12; 98-813, eff. 1-1-15 .) | ||
Section 63. The Illinois Public Aid Code is amended by | ||
changing Section 5-8 as follows: | ||
(305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
| ||
Sec. 5-8. Practitioners. In supplying medical assistance, | ||
the Illinois
Department may provide for the legally authorized | ||
services of (i) persons
licensed under the Medical Practice Act | ||
of 1987, as amended, except as
hereafter in this Section | ||
stated, whether under a
general or limited license, (ii) | ||
persons licensed under the Nurse Practice Act as advanced | ||
practice nurses, regardless of whether or not the persons have | ||
written collaborative agreements, (iii) persons licensed or | ||
registered
under
other laws of this State to provide dental, | ||
medical, pharmaceutical,
optometric, podiatric, or nursing | ||
services, or other remedial care
recognized under State law, | ||
and (iv) (iii) persons licensed under other laws of
this State | ||
as a clinical social worker.
The Department may not provide for | ||
legally
authorized services of any physician who has been | ||
convicted of having performed
an abortion procedure in a wilful | ||
and wanton manner on a woman who was not
pregnant at the time | ||
such abortion procedure was performed. The
utilization of the | ||
services of persons engaged in the treatment or care of
the |
sick, which persons are not required to be licensed or | ||
registered under
the laws of this State, is not prohibited by | ||
this Section.
| ||
(Source: P.A. 95-518, eff. 8-28-07.)
| ||
Section 65. The Perinatal Mental Health Disorders | ||
Prevention and Treatment Act is amended by changing Section 10 | ||
as follows: | ||
(405 ILCS 95/10)
| ||
Sec. 10. Definitions. In this Act: | ||
"Hospital" has the meaning given to that term in the | ||
Hospital Licensing Act. | ||
"Licensed health care professional" means a physician | ||
licensed to practice medicine in all its branches, a licensed | ||
an advanced practice nurse who has a collaborative agreement | ||
with a collaborating physician that authorizes care , or a | ||
licensed physician physician's assistant who has been | ||
delegated authority to provide care . | ||
"Postnatal care" means an office visit to a licensed health | ||
care professional occurring after birth, with reference to the | ||
infant or mother. | ||
"Prenatal care" means an office visit to a licensed health | ||
care professional for pregnancy-related care occurring before | ||
birth. | ||
"Questionnaire" means an assessment tool administered by a |
licensed health care professional to detect perinatal mental | ||
health disorders, such as the Edinburgh Postnatal Depression | ||
Scale, the Postpartum Depression Screening Scale, the Beck | ||
Depression Inventory, the Patient Health Questionnaire, or | ||
other validated assessment methods.
| ||
(Source: P.A. 95-469, eff. 1-1-08.) | ||
Section 70. The Lead Poisoning Prevention Act is amended by | ||
changing Section 6.2 as follows:
| ||
(410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
| ||
Sec. 6.2. Testing children and pregnant persons.
| ||
(a) Any physician licensed to practice medicine in all its | ||
branches or health care provider who sees or treats children 6 | ||
years
of age or younger shall test those children for
lead | ||
poisoning when those children reside in an area defined as high | ||
risk
by the Department. Children residing in areas defined as | ||
low risk by the
Department shall be evaluated for risk by the | ||
Childhood Lead Risk Questionnaire developed
by the Department | ||
and tested if indicated. Children shall be evaluated in | ||
accordance with rules adopted by the Department.
| ||
(b) Each licensed, registered, or approved health care | ||
facility serving
children 6 years of age or younger, including , | ||
but not
limited to,
health departments, hospitals, clinics, and | ||
health maintenance
organizations approved, registered, or | ||
licensed by the Department, shall take
the appropriate steps to |
ensure that children 6 years of age or younger be evaluated for | ||
risk or tested for lead poisoning or both.
| ||
(c) Children 7 years and older and pregnant persons may | ||
also be tested by physicians or
health care providers, in | ||
accordance with rules adopted by the Department. Physicians and | ||
health care providers shall also evaluate
children for lead | ||
poisoning in conjunction with the school health
examination, as | ||
required under the School Code, when, in the medical judgment | ||
judgement
of the physician, advanced practice nurse who has a | ||
written collaborative
agreement with a
collaborating
physician
| ||
that authorizes the advance practice nurse to perform health | ||
examinations , or
physician
assistant who has been delegated to | ||
perform health examinations by the
supervising
physician , the | ||
child is potentially at high risk of lead poisoning.
| ||
(d) (Blank).
| ||
(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||
Section 75. The Sexual Assault Survivors Emergency | ||
Treatment Act is amended by changing Sections 2.2, 5, and 5.5 | ||
as follows:
| ||
(410 ILCS 70/2.2)
| ||
Sec. 2.2. Emergency contraception.
| ||
(a) The General Assembly finds:
| ||
(1) Crimes of sexual assault and sexual abuse
cause | ||
significant physical, emotional, and
psychological trauma |
to the victims. This trauma is compounded by a victim's
| ||
fear of becoming pregnant and bearing a child as a result | ||
of the sexual
assault.
| ||
(2) Each year over 32,000 women become pregnant in the | ||
United States as
the result of rape and
approximately 50% | ||
of these pregnancies end in abortion.
| ||
(3) As approved for use by the Federal Food and Drug | ||
Administration (FDA),
emergency contraception can | ||
significantly reduce the risk of pregnancy if taken
within | ||
72 hours after the sexual assault.
| ||
(4) By providing emergency contraception to rape | ||
victims in a timely
manner, the trauma of rape can be | ||
significantly reduced.
| ||
(b) Within 120 days after the effective date of this | ||
amendatory Act of the
92nd General Assembly, every hospital | ||
providing services to sexual
assault survivors in accordance | ||
with a plan approved under Section 2 must
develop a protocol | ||
that ensures that each survivor of sexual
assault will receive | ||
medically and factually accurate and written and oral
| ||
information about emergency contraception; the indications and
| ||
counter-indications and risks associated with the use of | ||
emergency
contraception;
and a description of how and when | ||
victims may be provided emergency
contraception upon
the | ||
written order of a physician licensed to practice medicine
in | ||
all its branches, a licensed an advanced practice nurse who has | ||
a written collaborative agreement with a collaborating |
physician that authorizes prescription of emergency | ||
contraception , or a licensed physician assistant who has been | ||
delegated authority to prescribe emergency contraception . The | ||
Department shall approve the protocol if it finds
that the | ||
implementation of the protocol would provide sufficient | ||
protection
for survivors of sexual assault.
| ||
The hospital shall implement the protocol upon approval by | ||
the Department.
The Department shall adopt rules and | ||
regulations establishing one or more safe
harbor protocols and | ||
setting minimum acceptable protocol standards that
hospitals | ||
may develop and implement. The Department shall approve any | ||
protocol
that meets those standards. The Department may provide | ||
a sample acceptable
protocol upon request.
| ||
(Source: P.A. 95-432, eff. 1-1-08.)
| ||
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| ||
Sec. 5. Minimum requirements for hospitals providing | ||
hospital emergency services and forensic services
to sexual | ||
assault survivors.
| ||
(a) Every hospital providing hospital emergency services | ||
and forensic services to
sexual assault survivors under this | ||
Act
shall, as minimum requirements for such services, provide, | ||
with the consent
of the sexual assault survivor, and as ordered | ||
by the attending
physician, an advanced practice nurse who has | ||
a written collaborative agreement with a collaborating | ||
physician that authorizes provision of emergency services , or a |
physician assistant who has been delegated authority to provide | ||
hospital emergency services and forensic services , the | ||
following:
| ||
(1) appropriate medical examinations and laboratory
| ||
tests required to ensure the health, safety, and welfare
of | ||
a sexual assault survivor or which may be
used as evidence | ||
in a criminal proceeding against a person accused of the
| ||
sexual assault, or both; and records of the results of such | ||
examinations
and tests shall be maintained by the hospital | ||
and made available to law
enforcement officials upon the | ||
request of the sexual assault survivor;
| ||
(2) appropriate oral and written information | ||
concerning the possibility
of infection, sexually | ||
transmitted disease and pregnancy
resulting from sexual | ||
assault;
| ||
(3) appropriate oral and written information | ||
concerning accepted medical
procedures, medication, and | ||
possible contraindications of such medication
available | ||
for the prevention or treatment of infection or disease | ||
resulting
from sexual assault;
| ||
(4) an amount of medication for treatment at the | ||
hospital and after discharge as is deemed appropriate by | ||
the attending physician, an advanced practice nurse, or a | ||
physician assistant and consistent with the hospital's | ||
current approved protocol for sexual assault survivors;
| ||
(5) an evaluation of the sexual assault survivor's risk |
of contracting human immunodeficiency virus (HIV) from the | ||
sexual assault;
| ||
(6) written and oral instructions indicating the need | ||
for follow-up examinations and laboratory tests after the | ||
sexual assault to determine the presence or absence of
| ||
sexually transmitted disease;
| ||
(7) referral by hospital personnel for appropriate | ||
counseling; and
| ||
(8) when HIV prophylaxis is deemed appropriate, an | ||
initial dose or doses of HIV prophylaxis, along with | ||
written and oral instructions indicating the importance of
| ||
timely follow-up healthcare.
| ||
(b) Any person who is a sexual assault survivor who seeks | ||
emergency hospital services and forensic services or follow-up | ||
healthcare
under this Act shall be provided such services | ||
without the consent
of any parent, guardian, custodian, | ||
surrogate, or agent.
| ||
(c) Nothing in this Section creates a physician-patient | ||
relationship that extends beyond discharge from the hospital | ||
emergency department.
| ||
(Source: P.A. 95-432, eff. 1-1-08; 96-318, eff. 1-1-10.)
| ||
(410 ILCS 70/5.5)
| ||
Sec. 5.5. Minimum reimbursement requirements for follow-up | ||
healthcare. | ||
(a) Every hospital, health care professional, laboratory, |
or pharmacy that provides follow-up healthcare to a sexual | ||
assault survivor, with the consent of the sexual assault | ||
survivor and as ordered by the attending physician, an advanced | ||
practice nurse who has a written collaborative agreement with a | ||
collaborating physician , or physician assistant who has been | ||
delegated authority by a supervising physician shall be | ||
reimbursed for the follow-up healthcare services provided. | ||
Follow-up healthcare services include, but are not limited to, | ||
the following: | ||
(1) a physical examination; | ||
(2) laboratory tests to determine the presence or | ||
absence of sexually transmitted disease; and | ||
(3) appropriate medications, including HIV | ||
prophylaxis. | ||
(b) Reimbursable follow-up healthcare is limited to office | ||
visits with a physician, advanced practice nurse, or physician | ||
assistant within 90 days after an initial visit for hospital | ||
emergency services. | ||
(c) Nothing in this Section requires a hospital, health | ||
care professional, laboratory, or pharmacy to provide | ||
follow-up healthcare to a sexual assault survivor.
| ||
(Source: P.A. 95-432, eff. 1-1-08.) | ||
Section 80. The Consent by Minors to Medical Procedures Act | ||
is amended by changing Sections 1, 1.5, 2, and 3 as follows:
|
(410 ILCS 210/1) (from Ch. 111, par. 4501)
| ||
Sec. 1. Consent by minor. The consent to the performance of | ||
a medical or
surgical procedure
by a physician licensed to | ||
practice medicine and surgery, a licensed an advanced practice | ||
nurse who has a written collaborative agreement with a | ||
collaborating physician that authorizes provision of services | ||
for minors , or a licensed physician assistant who has been | ||
delegated authority to provide services for minors executed by | ||
a
married person who is a minor, by a parent who is a minor, by | ||
a pregnant
woman who is a minor, or by
any person 18 years of | ||
age or older, is not voidable because of such
minority, and, | ||
for such purpose, a married person who is a minor, a parent
who | ||
is a minor, a
pregnant woman who is a minor, or any person 18 | ||
years of age or older, is
deemed to have the same legal | ||
capacity to act and has the same powers and
obligations as has | ||
a person of legal age.
| ||
(Source: P.A. 93-962, eff. 8-20-04.)
| ||
(410 ILCS 210/1.5) | ||
Sec. 1.5. Consent by minor seeking care for primary care | ||
services. | ||
(a) The consent to the performance of primary care services | ||
by a physician licensed to practice medicine in all its | ||
branches, a licensed an advanced practice nurse who has a | ||
written collaborative agreement with a collaborating physician | ||
that authorizes provision of services for minors , or a licensed |
physician assistant who has been delegated authority to provide | ||
services for minors executed by a minor seeking care is not | ||
voidable because of such minority, and for such purpose, a | ||
minor seeking care is deemed to have the same legal capacity to | ||
act and has the same powers and obligations as has a person of | ||
legal age under the following circumstances: | ||
(1) the health care professional reasonably believes | ||
that the minor seeking care understands the benefits and | ||
risks of any proposed primary care or services; and | ||
(2) the minor seeking care is identified in writing as | ||
a minor seeking care by: | ||
(A) an adult relative; | ||
(B) a representative of a homeless service agency | ||
that receives federal, State, county, or municipal | ||
funding to provide those services or that is otherwise | ||
sanctioned by a local continuum of care; | ||
(C) an attorney licensed to practice law in this | ||
State; | ||
(D) a public school homeless liaison or school | ||
social worker; | ||
(E) a social service agency providing services to | ||
at risk, homeless, or runaway youth; or | ||
(F) a representative of a religious organization. | ||
(b) A health care professional rendering primary care | ||
services under this Section shall not incur civil or criminal | ||
liability for failure to obtain valid consent or professional |
discipline for failure to obtain valid consent if he or she | ||
relied in good faith on the representations made by the minor | ||
or the information provided under paragraph (2) of subsection | ||
(a) of this Section. Under such circumstances, good faith shall | ||
be presumed. | ||
(c) The confidential nature of any communication between a | ||
health care professional described in Section 1 of this Act and | ||
a minor seeking care is not waived (1) by the presence, at the | ||
time of communication, of any additional persons present at the | ||
request of the minor seeking care, (2) by the health care | ||
professional's disclosure of confidential information to the | ||
additional person with the consent of the minor seeking care, | ||
when reasonably necessary to accomplish the purpose for which | ||
the additional person is consulted, or (3) by the health care | ||
professional billing a health benefit insurance or plan under | ||
which the minor seeking care is insured, is enrolled, or has | ||
coverage for the services provided. | ||
(d) Nothing in this Section shall be construed to limit or | ||
expand a minor's existing powers and obligations under any | ||
federal, State, or local law. Nothing in this Section shall be | ||
construed to affect the Parental Notice of Abortion Act of | ||
1995. Nothing in this Section affects the right or authority of | ||
a parent or legal guardian to verbally, in writing, or | ||
otherwise authorize health care services to be provided for a | ||
minor in their absence. | ||
(e) For the purposes of this Section: |
"Minor seeking care" means a person at least 14 years | ||
of age but less than 18 years of age who is living separate | ||
and apart from his or her parents or legal guardian, | ||
whether with or without the consent of a parent or legal | ||
guardian who is unable or unwilling to return to the | ||
residence of a parent, and managing his or her own personal | ||
affairs. "Minor seeking care" does not include minors who | ||
are under the protective custody, temporary custody, or | ||
guardianship of the Department of Children and Family | ||
Services. | ||
"Primary care services" means health care services | ||
that include screening, counseling, immunizations, | ||
medication, and treatment of illness and conditions | ||
customarily provided by licensed health care professionals | ||
in an out-patient setting. "Primary care services" does not | ||
include invasive care, beyond standard injections, | ||
laceration care, or non-surgical fracture care.
| ||
(Source: P.A. 98-671, eff. 10-1-14.)
| ||
(410 ILCS 210/2) (from Ch. 111, par. 4502)
| ||
Sec. 2. Any parent, including a parent who is a minor, may | ||
consent to the
performance upon his or her child of a medical | ||
or surgical procedure by a
physician licensed to practice | ||
medicine and surgery, a licensed an advanced practice nurse who | ||
has a written collaborative agreement with a collaborating | ||
physician that authorizes provision of services for minors , or |
a licensed physician assistant who has been delegated authority | ||
to provide services for minors or a dental procedure
by a | ||
licensed dentist. The consent of a parent who is a minor shall | ||
not be
voidable because of such minority, but, for such | ||
purpose, a parent who is a
minor shall be deemed to have the | ||
same legal capacity to act and shall have
the same powers and | ||
obligations as has a person of legal age.
| ||
(Source: P.A. 93-962, eff. 8-20-04.)
| ||
(410 ILCS 210/3) (from Ch. 111, par. 4503)
| ||
Sec. 3. (a) Where a hospital, a physician licensed to | ||
practice medicine
or surgery, a licensed an advanced practice | ||
nurse who has a written collaborative agreement with a | ||
collaborating physician that authorizes provision of services | ||
for minors , or a licensed physician assistant who has been | ||
delegated authority to provide services for minors renders | ||
emergency treatment or first aid or a licensed dentist
renders | ||
emergency dental treatment to a minor, consent of the minor's | ||
parent
or legal guardian need not be obtained if, in the sole | ||
opinion of the
physician,
advanced practice nurse, physician | ||
assistant,
dentist, or hospital, the obtaining of consent is | ||
not reasonably feasible
under the circumstances without | ||
adversely affecting the condition of such
minor's health.
| ||
(b) Where a minor is the victim of a predatory criminal | ||
sexual assault of
a child, aggravated criminal sexual assault, | ||
criminal sexual assault,
aggravated criminal sexual abuse or |
criminal sexual abuse, as provided in
Sections 11-1.20 through | ||
11-1.60 of the Criminal Code of 2012, the consent
of the | ||
minor's parent or legal guardian need not be obtained to | ||
authorize
a hospital, physician, advanced practice nurse, | ||
physician assistant, or other medical personnel to furnish | ||
medical care
or counseling related to the diagnosis or | ||
treatment of any disease or injury
arising from such offense. | ||
The minor may consent to such counseling, diagnosis
or | ||
treatment as if the minor had reached his or her age of | ||
majority. Such
consent shall not be voidable, nor subject to | ||
later disaffirmance, because
of minority.
| ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||
Section 85. The Prenatal and Newborn Care Act is amended by | ||
changing Section 2 as follows:
| ||
(410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
| ||
Sec. 2. Definitions. As used in this Act, unless the | ||
context otherwise
requires:
| ||
"Advanced practice nurse" or "APN" means an advanced | ||
practice nurse licensed under the Nurse Practice Act who has a | ||
written collaborative agreement with a collaborating physician | ||
that authorizes the provision of prenatal and newborn care .
| ||
"Department" means the Illinois Department of Human | ||
Services.
| ||
"Early and Periodic Screening, Diagnosis and Treatment |
(EPSDT)" means
the provision of preventative health care under | ||
42 C.F.R. 441.50 et seq.,
including medical and dental | ||
services, needed to assess growth and
development and detect | ||
and treat health problems.
| ||
"Hospital" means a hospital as defined under the Hospital | ||
Licensing Act.
| ||
"Local health authority" means the full-time official | ||
health
department or board of health, as recognized by the | ||
Illinois Department
of Public Health, having
jurisdiction over | ||
a particular area.
| ||
"Nurse" means a nurse licensed under the Nurse Practice | ||
Act.
| ||
"Physician" means a physician licensed to practice | ||
medicine in all of
its branches.
| ||
"Physician assistant" means a physician assistant licensed | ||
under the Physician Assistant Practice Act of 1987 who has been | ||
delegated authority to provide prenatal and newborn care .
| ||
"Postnatal visit" means a visit occurring after birth, with
| ||
reference to the newborn.
| ||
"Prenatal visit" means a visit occurring before birth.
| ||
"Program" means the Prenatal and Newborn Care Program | ||
established
pursuant to this Act.
| ||
(Source: P.A. 95-639, eff. 10-5-07.)
| ||
Section 90. The AIDS Confidentiality Act is amended by | ||
changing Section 3 as follows:
|
(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
| ||
Sec. 3. When used in this Act:
| ||
(a) "AIDS" means acquired immunodeficiency syndrome. | ||
(b) "Authority" means the Illinois Health Information | ||
Exchange Authority established pursuant to the Illinois Health | ||
Information Exchange and Technology Act. | ||
(c) "Business associate" has the meaning ascribed to it | ||
under HIPAA, as specified in 45 CFR 160.103. | ||
(d) "Covered entity" has the meaning ascribed to it under | ||
HIPAA, as specified in 45 CFR 160.103. | ||
(e) "De-identified information" means health information | ||
that is not individually identifiable as described under HIPAA, | ||
as specified in 45 CFR 164.514(b). | ||
(f) "Department" means the Illinois Department of Public | ||
Health or its designated agents.
| ||
(g) "Disclosure" has the meaning ascribed to it under | ||
HIPAA, as specified in 45 CFR 160.103. | ||
(h) "Health care operations" has the meaning ascribed to it | ||
under HIPAA, as specified in 45 CFR 164.501. | ||
(i) "Health care professional" means (i) a licensed | ||
physician, (ii) a licensed
physician assistant
to whom the | ||
physician assistant's supervising physician has delegated the
| ||
provision of AIDS and
HIV-related health services , (iii) a | ||
licensed an advanced practice registered nurse who
has a | ||
written
collaborative agreement with a collaborating physician |
which authorizes the
provision of AIDS
and HIV-related health | ||
services , (iv) a licensed dentist, (v) a licensed podiatric | ||
physician, or (vi) an
individual certified to provide HIV | ||
testing and counseling by a state or local
public health
| ||
department. | ||
(j) "Health care provider" has the meaning ascribed to it | ||
under HIPAA, as specified in 45 CFR 160.103.
| ||
(k) "Health facility" means a hospital, nursing home, blood | ||
bank, blood
center, sperm bank, or other health care | ||
institution, including any "health
facility" as that term is | ||
defined in the Illinois Finance Authority
Act.
| ||
(l) "Health information exchange" or "HIE" means a health | ||
information exchange or health information organization that | ||
oversees and governs the electronic exchange of health | ||
information that (i) is established pursuant to the Illinois | ||
Health Information Exchange and Technology Act, or any | ||
subsequent amendments thereto, and any administrative rules | ||
adopted thereunder; (ii) has established a data sharing | ||
arrangement with the Authority; or (iii) as of August 16, 2013, | ||
was designated by the Authority Board as a member of, or was | ||
represented on, the Authority Board's Regional Health | ||
Information Exchange Workgroup; provided that such designation
| ||
shall not require the establishment of a data sharing | ||
arrangement or other participation with the Illinois Health
| ||
Information Exchange or the payment of any fee. In certain | ||
circumstances, in accordance with HIPAA, an HIE will be a |
business associate. | ||
(m) "Health oversight agency" has the meaning ascribed to | ||
it under HIPAA, as specified in 45 CFR 164.501. | ||
(n) "HIPAA" means the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, as amended by | ||
the Health Information Technology for Economic and Clinical | ||
Health Act of 2009, Public Law 111-05, and any subsequent | ||
amendments thereto and any regulations promulgated thereunder. | ||
(o) "HIV" means the human immunodeficiency virus. | ||
(p) "HIV-related information" means the identity of a | ||
person upon whom an HIV test is performed, the results of an | ||
HIV test, as well as diagnosis, treatment, and prescription | ||
information that reveals a patient is HIV-positive, including | ||
such information contained in a limited data set. "HIV-related | ||
information" does not include information that has been | ||
de-identified in accordance with HIPAA. | ||
(q) "Informed consent" means a written or verbal
agreement | ||
by the subject of a test or the subject's
legally authorized | ||
representative without undue inducement or any element
of | ||
force, fraud, deceit, duress, or other form of constraint or | ||
coercion,
which entails at least the following pre-test | ||
information: | ||
(1) a fair explanation of the test, including its | ||
purpose, potential
uses, limitations, and the meaning of | ||
its results; | ||
(2) a fair explanation of the procedures to be |
followed, including the
voluntary nature of the test, the | ||
right to withdraw consent to the testing
process at any | ||
time, the right to anonymity to the extent provided by law
| ||
with respect to participation in the test and disclosure of | ||
test results,
and the right to confidential treatment of
| ||
information identifying the subject of the test and the | ||
results of the
test, to the extent provided by law; and | ||
(3) where the person providing informed consent is a | ||
participant in an HIE, a fair explanation that the results | ||
of the patient's HIV test will be accessible through an HIE | ||
and meaningful disclosure of the patient's opt-out right | ||
under Section 9.6 of this Act. | ||
Pre-test information may be provided in writing, verbally, | ||
or by video, electronic, or other means. The subject must be | ||
offered an opportunity to ask questions about the HIV test and | ||
decline testing. Nothing in this Act shall prohibit a health | ||
care provider or health care professional from combining a form | ||
used to obtain informed consent for HIV testing with forms used | ||
to obtain written consent for general medical care or any other | ||
medical test or procedure provided that the forms make it clear | ||
that the subject may consent to general medical care, tests, or | ||
medical procedures without being required to consent to HIV | ||
testing and clearly explain how the subject may opt out of HIV | ||
testing. | ||
(r) "Limited data set" has the meaning ascribed to it under | ||
HIPAA, as described in 45 CFR 164.514(e)(2). |
(s) "Minimum necessary" means the HIPAA standard for using, | ||
disclosing, and requesting protected health information found | ||
in 45 CFR 164.502(b) and 164.514(d). | ||
(t) "Organized health care arrangement" has the meaning | ||
ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||
(u) "Patient safety activities" has the meaning ascribed to | ||
it under 42 CFR 3.20. | ||
(v) "Payment" has the meaning ascribed to it under HIPAA, | ||
as specified in 45 CFR 164.501. | ||
(w) "Person" includes any natural person, partnership, | ||
association, joint venture, trust, governmental entity, public | ||
or private corporation, health facility, or other legal entity. | ||
(x) "Protected health information" has the meaning | ||
ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||
(y) "Research" has the meaning ascribed to it under HIPAA, | ||
as specified in 45 CFR 164.501. | ||
(z) "State agency" means an instrumentality of the State of | ||
Illinois and any instrumentality of another state that, | ||
pursuant to applicable law or a written undertaking with an | ||
instrumentality of the State of Illinois, is bound to protect | ||
the privacy of HIV-related information of Illinois persons.
| ||
(aa) "Test" or "HIV test" means a test to determine the | ||
presence of the
antibody or antigen to HIV, or of HIV | ||
infection.
| ||
(bb) "Treatment" has the meaning ascribed to it under | ||
HIPAA, as specified in 45 CFR 164.501. |
(cc) "Use" has the meaning ascribed to it under HIPAA, as | ||
specified in 45 CFR 160.103, where context dictates.
| ||
(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15 .) | ||
Section 95. The Illinois Sexually Transmissible Disease | ||
Control Act is amended by changing Sections 3 and 4 as follows:
| ||
(410 ILCS 325/3) (from Ch. 111 1/2, par. 7403)
| ||
Sec. 3. Definitions. As used in this Act, unless the | ||
context clearly
requires otherwise:
| ||
(1) "Department" means the Department of Public Health.
| ||
(2) "Local health authority" means the full-time official | ||
health
department of board of health, as recognized by the | ||
Department, having
jurisdiction over a particular area.
| ||
(3) "Sexually transmissible disease" means a bacterial, | ||
viral, fungal or
parasitic disease, determined by rule of the | ||
Department to be sexually
transmissible, to be a threat to the | ||
public health and welfare, and to be a
disease for which a | ||
legitimate public interest will be served by providing
for | ||
regulation and treatment. In considering which diseases are to | ||
be
designated sexually transmissible diseases, the Department | ||
shall consider
such diseases as chancroid, gonorrhea, | ||
granuloma inguinale, lymphogranuloma
venereum, genital herpes | ||
simplex, chlamydia, nongonococcal urethritis
(NGU), pelvic | ||
inflammatory disease (PID)/Acute
Salpingitis, syphilis, | ||
Acquired Immunodeficiency Syndrome (AIDS), and Human
|
Immunodeficiency Virus (HIV) for designation, and shall | ||
consider the
recommendations and classifications of the | ||
Centers for Disease Control and
other nationally recognized | ||
medical authorities. Not all diseases that are
sexually | ||
transmissible need be designated for purposes of this Act.
| ||
(4) "Health care professional" means a physician licensed | ||
to practice medicine in all its branches, a licensed physician | ||
assistant who has been delegated the provision of sexually | ||
transmissible disease therapy services or expedited partner | ||
therapy services by his or her supervising physician , or a | ||
licensed an advanced practice nurse who has a written | ||
collaborative agreement with a collaborating physician that | ||
authorizes the provision of sexually transmissible disease | ||
therapy services or expedited partner therapy services, or an | ||
advanced practice nurse who practices in a hospital or | ||
ambulatory surgical treatment center and possesses appropriate | ||
clinical privileges in accordance with the Nurse Practice Act . | ||
(5) "Expedited partner therapy" means to prescribe, | ||
dispense, furnish, or otherwise provide prescription | ||
antibiotic drugs to the partner or partners of persons | ||
clinically diagnosed as infected with a sexually transmissible | ||
disease, without physical examination of the partner or | ||
partners. | ||
(Source: P.A. 96-613, eff. 1-1-10.)
| ||
(410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
|
Sec. 4. Reporting required.
| ||
(a) A physician licensed under the provisions of the | ||
Medical Practice Act
of 1987, an advanced practice nurse | ||
licensed under the provisions of the Nurse Practice Act who has | ||
a written collaborative agreement with a collaborating | ||
physician that authorizes the provision of services for a | ||
sexually transmissible disease , or a physician assistant | ||
licensed under the provisions of the Physician Assistant | ||
Practice Act of 1987 who has been delegated authority to | ||
provide services for a sexually transmissible disease
who makes | ||
a diagnosis of or treats a person with a sexually
transmissible | ||
disease and each laboratory that performs a test for a sexually
| ||
transmissible disease which concludes with a positive result | ||
shall report such
facts as may be required by the Department by | ||
rule, within such time period as
the Department may require by | ||
rule, but in no case to exceed 2 weeks.
| ||
(b) The Department shall adopt rules specifying the | ||
information
required in reporting a sexually transmissible | ||
disease, the method of
reporting and specifying a minimum time | ||
period for reporting. In adopting
such rules, the Department | ||
shall consider the need for information,
protections for the | ||
privacy and confidentiality of the patient, and the
practical | ||
abilities of persons and laboratories to report in a reasonable
| ||
fashion.
| ||
(c) Any person who knowingly or maliciously disseminates | ||
any false
information or report concerning the existence of any |
sexually
transmissible disease under this Section is guilty of | ||
a Class A misdemeanor.
| ||
(d) Any person who violates the provisions of this Section | ||
or the rules
adopted hereunder may be fined by the Department | ||
up to $500 for each
violation. The Department shall report each | ||
violation of this Section to
the regulatory agency responsible | ||
for licensing a health care professional
or a laboratory to | ||
which these provisions apply.
| ||
(Source: P.A. 95-639, eff. 10-5-07.)
| ||
Section 100. The Perinatal HIV Prevention Act is amended by | ||
changing Section 5 as follows:
| ||
(410 ILCS 335/5)
| ||
Sec. 5. Definitions. In this Act:
| ||
"Department" means the Department of Public Health.
| ||
"Health care professional" means a physician licensed to | ||
practice
medicine in all its branches, a licensed physician | ||
assistant who has been delegated the
provision of health | ||
services by his or her supervising physician , or a licensed an
| ||
advanced
practice registered nurse who has a written | ||
collaborative agreement with a
collaborating physician that | ||
authorizes the provision of health services .
| ||
"Health care facility" or "facility" means any hospital or | ||
other
institution that is licensed or otherwise authorized to | ||
deliver health care
services.
|
"Health care services" means any prenatal medical care or | ||
labor or
delivery services to a pregnant woman and her newborn | ||
infant, including
hospitalization.
| ||
(Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)
| ||
Section 105. The Genetic Information Privacy Act is amended | ||
by changing Section 10 as follows:
| ||
(410 ILCS 513/10)
| ||
Sec. 10. Definitions. As used in this Act:
| ||
"Authority" means the Illinois Health Information Exchange | ||
Authority established pursuant to the Illinois Health | ||
Information Exchange and Technology Act. | ||
"Business associate" has the meaning ascribed to it under | ||
HIPAA, as specified in 45 CFR 160.103. | ||
"Covered entity" has the meaning ascribed to it under | ||
HIPAA, as specified in 45 CFR 160.103. | ||
"De-identified information" means health information that | ||
is not individually identifiable as described under HIPAA, as | ||
specified in 45 CFR 164.514(b). | ||
"Disclosure" has the meaning ascribed to it under HIPAA, as | ||
specified in 45 CFR 160.103. | ||
"Employer" means the State of Illinois, any unit of local | ||
government, and any board, commission, department, | ||
institution, or school district, any party to a public | ||
contract, any joint apprenticeship or training committee |
within the State, and every other person employing employees | ||
within the State. | ||
"Employment agency" means both public and private | ||
employment agencies and any person, labor organization, or | ||
labor union having a hiring hall or hiring office regularly | ||
undertaking, with or without compensation, to procure | ||
opportunities to work, or to procure, recruit, refer, or place | ||
employees. | ||
"Family member" means, with respect to an individual, (i) | ||
the spouse of the individual; (ii) a dependent child of the | ||
individual, including a child who is born to or placed for | ||
adoption with the individual; (iii) any other person qualifying | ||
as a covered dependent under a managed care plan; and (iv) all | ||
other individuals related by blood or law to the individual or | ||
the spouse or child described in subsections (i) through (iii) | ||
of this definition. | ||
"Genetic information" has the meaning ascribed to it under | ||
HIPAA, as specified in 45 CFR 160.103. | ||
"Genetic monitoring" means the periodic examination of | ||
employees to evaluate acquired modifications to their genetic | ||
material, such as chromosomal damage or evidence of increased | ||
occurrence of mutations that may have developed in the course | ||
of employment due to exposure to toxic substances in the | ||
workplace in order to identify, evaluate, and respond to | ||
effects of or control adverse environmental exposures in the | ||
workplace. |
"Genetic services" has the meaning ascribed to it under | ||
HIPAA, as specified in 45 CFR 160.103. | ||
"Genetic testing" and "genetic test" have the meaning | ||
ascribed to "genetic test" under HIPAA, as specified in 45 CFR | ||
160.103. | ||
"Health care operations" has the meaning ascribed to it | ||
under HIPAA, as specified in 45 CFR 164.501. | ||
"Health care professional" means (i) a licensed physician, | ||
(ii) a licensed physician assistant to whom the physician | ||
assistant's supervising physician has delegated the provision | ||
of genetic testing or genetic counseling-related services , | ||
(iii) a licensed an advanced practice registered nurse who has | ||
a written collaborative agreement with a collaborating | ||
physician which authorizes the provision of genetic testing or | ||
genetic counseling-related health services , (iv) a licensed | ||
dentist, (v) a licensed podiatrist, (vi) a licensed genetic | ||
counselor, or (vii) an individual certified to provide genetic | ||
testing by a state or local public health department. | ||
"Health care provider" has the meaning ascribed to it under | ||
HIPAA, as specified in 45 CFR 160.103. | ||
"Health facility" means a hospital, blood bank, blood | ||
center, sperm bank, or other health care institution, including | ||
any "health facility" as that term is defined in the Illinois | ||
Finance Authority Act. | ||
"Health information exchange" or "HIE" means a health | ||
information exchange or health information organization that |
exchanges health information electronically that (i) is | ||
established pursuant to the Illinois Health Information | ||
Exchange and Technology Act, or any subsequent amendments | ||
thereto, and any administrative rules promulgated thereunder; | ||
(ii) has established a data sharing arrangement with the | ||
Authority; or (iii) as of August 16, 2013, was designated by | ||
the Authority Board as a member of, or was represented on, the | ||
Authority Board's Regional Health Information Exchange | ||
Workgroup; provided that such designation
shall not require the | ||
establishment of a data sharing arrangement or other | ||
participation with the Illinois Health
Information Exchange or | ||
the payment of any fee. In certain circumstances, in accordance | ||
with HIPAA, an HIE will be a business associate. | ||
"Health oversight agency" has the meaning ascribed to it | ||
under HIPAA, as specified in 45 CFR 164.501. | ||
"HIPAA" means the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, as amended by | ||
the Health Information Technology for Economic and Clinical | ||
Health Act of 2009, Public Law 111-05, and any subsequent | ||
amendments thereto and any regulations promulgated thereunder.
| ||
"Insurer" means (i) an entity that is subject to the | ||
jurisdiction of the Director of Insurance and (ii) a
managed | ||
care plan.
| ||
"Labor organization" includes any organization, labor | ||
union, craft union, or any voluntary unincorporated | ||
association designed to further the cause of the rights of |
union labor that is constituted for the purpose, in whole or in | ||
part, of collective bargaining or of dealing with employers | ||
concerning grievances, terms or conditions of employment, or | ||
apprenticeships or applications for apprenticeships, or of | ||
other mutual aid or protection in connection with employment, | ||
including apprenticeships or applications for apprenticeships. | ||
"Licensing agency" means a board, commission, committee, | ||
council, department, or officers, except a judicial officer, in | ||
this State or any political subdivision authorized to grant, | ||
deny, renew, revoke, suspend, annul, withdraw, or amend a | ||
license or certificate of registration. | ||
"Limited data set" has the meaning ascribed to it under | ||
HIPAA, as described in 45 CFR 164.514(e)(2). | ||
"Managed care plan" means a plan that establishes, | ||
operates, or maintains a
network of health care providers that | ||
have entered into agreements with the
plan to provide health | ||
care services to enrollees where the plan has the
ultimate and | ||
direct contractual obligation to the enrollee to arrange for | ||
the
provision of or pay for services
through:
| ||
(1) organizational arrangements for ongoing quality | ||
assurance,
utilization review programs, or dispute | ||
resolution; or
| ||
(2) financial incentives for persons enrolled in the | ||
plan to use the
participating providers and procedures | ||
covered by the plan.
| ||
A managed care plan may be established or operated by any |
entity including
a licensed insurance company, hospital or | ||
medical service plan, health
maintenance organization, limited | ||
health service organization, preferred
provider organization, | ||
third party administrator, or an employer or employee
| ||
organization.
| ||
"Minimum necessary" means HIPAA's standard for using, | ||
disclosing, and requesting protected health information found | ||
in 45 CFR 164.502(b) and 164.514(d). | ||
"Nontherapeutic purpose" means a purpose that is not | ||
intended to improve or preserve the life or health of the | ||
individual whom the information concerns. | ||
"Organized health care arrangement" has the meaning | ||
ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||
"Patient safety activities" has the meaning ascribed to it | ||
under 42 CFR 3.20. | ||
"Payment" has the meaning ascribed to it under HIPAA, as | ||
specified in 45 CFR 164.501. | ||
"Person" includes any natural person, partnership, | ||
association, joint venture, trust, governmental entity, public | ||
or private corporation, health facility, or other legal entity. | ||
"Protected health information" has the meaning ascribed to | ||
it under HIPAA, as specified in 45 CFR 164.103. | ||
"Research" has the meaning ascribed to it under HIPAA, as | ||
specified in 45 CFR 164.501. | ||
"State agency" means an instrumentality of the State of | ||
Illinois and any instrumentality of another state which |
pursuant to applicable law or a written undertaking with an | ||
instrumentality of the State of Illinois is bound to protect | ||
the privacy of genetic information of Illinois persons. | ||
"Treatment" has the meaning ascribed to it under HIPAA, as | ||
specified in 45 CFR 164.501. | ||
"Use" has the meaning ascribed to it under HIPAA, as | ||
specified in 45 CFR 160.103, where context dictates. | ||
(Source: P.A. 98-1046, eff. 1-1-15 .)
| ||
Section 110. The Home Health and Hospice Drug Dispensation | ||
and Administration Act is amended by changing Section 10 as | ||
follows: | ||
(410 ILCS 642/10)
| ||
Sec. 10. Definitions. In this Act: | ||
"Authorized nursing employee" means a registered nurse or | ||
advanced practice nurse, as defined in the Nurse Practice Act, | ||
who is employed by a home health agency or hospice licensed in | ||
this State. | ||
"Health care professional" means a physician licensed to | ||
practice medicine in all its branches, a licensed an advanced | ||
practice nurse who has a written collaborative agreement with a | ||
collaborating physician that authorizes services under this | ||
Act , or a licensed physician assistant who has been delegated | ||
the authority to perform services under this Act by his or her | ||
supervising physician . |
"Home health agency" has the meaning ascribed to it in | ||
Section 2.04 of the Home Health, Home Services, and Home | ||
Nursing Agency Licensing Act.
| ||
"Hospice" means a full hospice, as defined in Section 3 of | ||
the Hospice Program Licensing Act. | ||
"Physician" means a physician licensed under the Medical | ||
Practice Act of 1987 to practice medicine in all its branches.
| ||
(Source: P.A. 94-638, eff. 8-22-05; 95-331, eff. 8-21-07; | ||
95-639, eff. 10-5-07.) | ||
Section 115. The Illinois Vehicle Code is amended by | ||
changing Sections 1-159.1, 3-616, 6-103, 6-106.1, and 6-901 as | ||
follows:
| ||
(625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)
| ||
Sec. 1-159.1. Person with disabilities. A natural person | ||
who, as determined by a licensed physician, by a licensed | ||
physician
assistant who has been delegated the authority to | ||
make this determination by
his or her supervising physician , or | ||
by a licensed an advanced practice nurse who has a
written | ||
collaborative agreement with a collaborating physician that | ||
authorizes
the advanced practice nurse to make this | ||
determination : (1) cannot walk
without the use of, or
| ||
assistance from, a brace, cane, crutch, another person, | ||
prosthetic device,
wheelchair, or other assistive device; (2) | ||
is restricted by lung
disease to
such an extent that his or her |
forced (respiratory) expiratory volume for one
second, when | ||
measured by spirometry, is less than one liter, or the arterial
| ||
oxygen tension is less than 60 mm/hg on room air at rest; (3) | ||
uses
portable
oxygen; (4) has a cardiac condition to the extent | ||
that the person's
functional
limitations are classified in | ||
severity as Class III or Class IV,
according to standards set | ||
by the American Heart Association; (5) is
severely limited in | ||
the person's ability to walk due to an arthritic,
neurological, | ||
oncological, or orthopedic condition; (6) cannot walk 200 feet | ||
without
stopping to rest because of one of the above 5 | ||
conditions; or (7) is missing a hand or arm or has permanently | ||
lost the use of a hand or arm.
| ||
(Source: P.A. 98-405, eff. 1-1-14.)
| ||
(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
| ||
Sec. 3-616. Disability license plates.
| ||
(a) Upon receiving an application for a certificate of | ||
registration for
a motor vehicle of the first division or for a | ||
motor vehicle of the second
division weighing no more than | ||
8,000 pounds, accompanied with payment of the
registration fees | ||
required under this Code from a person with disabilities or
a | ||
person who is deaf or hard of hearing, the Secretary of State,
| ||
if so requested, shall issue to such person registration plates | ||
as provided for
in Section 3-611, provided that the person with | ||
disabilities or person who is
deaf or hard of hearing must not | ||
be disqualified from obtaining a driver's
license under |
subsection 8 of Section 6-103 of this Code, and further | ||
provided
that any person making such a request must submit a | ||
statement, certified by
a
licensed physician, by a licensed | ||
physician assistant who has been delegated the
authority to | ||
make this certification by his or her supervising physician , or | ||
by a licensed
an advanced practice nurse who has a written | ||
collaborative agreement with a
collaborating physician that | ||
authorizes the advanced practice nurse to make
this | ||
certification , to
the effect that such person is a person with | ||
disabilities
as defined by Section 1-159.1 of this Code, or | ||
alternatively provide adequate
documentation that such person | ||
has a Class 1A, Class 2A or Type Four
disability under the | ||
provisions of Section 4A of the Illinois Identification
Card | ||
Act. For purposes of this Section, an Illinois Person
with a | ||
Disability Identification Card issued pursuant to the Illinois | ||
Identification Card Act
indicating that the person thereon | ||
named has a disability shall be adequate
documentation of such | ||
a disability.
| ||
(b) The Secretary shall issue plates under this Section to | ||
a parent or
legal guardian of a person with disabilities if the | ||
person with disabilities
has a Class 1A or Class 2A disability | ||
as defined in Section 4A of the Illinois
Identification Card | ||
Act or is a person with disabilities as defined by Section
| ||
1-159.1 of this Code, and does not possess a vehicle registered | ||
in his or her
name, provided that the person with disabilities | ||
relies frequently on the
parent or legal guardian for |
transportation. Only one vehicle per family
may be registered | ||
under this subsection, unless the applicant can justify in
| ||
writing the need for one additional set of plates. Any person | ||
requesting
special plates under this subsection shall submit | ||
such documentation or such
physician's, physician assistant's, | ||
or advanced practice nurse's
statement as is required in | ||
subsection
(a) and a statement
describing the circumstances | ||
qualifying for issuance of special plates under
this | ||
subsection. An optometrist may certify a Class 2A Visual | ||
Disability, as defined in Section 4A of the Illinois | ||
Identification Card Act, for the purpose of qualifying a person | ||
with disabilities for special plates under this subsection.
| ||
(c) The Secretary may issue a
parking decal or
device to a | ||
person with disabilities as defined by Section 1-159.1 without
| ||
regard to qualification of such person with disabilities for a | ||
driver's license
or registration of a vehicle by such person | ||
with disabilities or such person's
immediate family, provided | ||
such person with disabilities making such a request
has been | ||
issued an Illinois Person with a Disability Identification Card | ||
indicating that the
person named thereon has a Class 1A or | ||
Class 2A disability, or alternatively,
submits a statement | ||
certified by a licensed physician, or by a licensed physician
| ||
assistant or a licensed an advanced practice nurse as provided | ||
in subsection (a), to
the effect that such
person is a person | ||
with disabilities as defined by Section 1-159.1. An optometrist | ||
may certify a Class 2A Visual Disability as defined in Section |
4A of the Illinois Identification Card Act for the purpose of | ||
qualifying a person with disabilities for a parking decal or | ||
device under this subsection.
| ||
(d) The Secretary shall prescribe by rules and regulations | ||
procedures
to certify or re-certify as necessary the | ||
eligibility of persons whose
disabilities are other than | ||
permanent for special plates or
parking decals or devices | ||
issued under subsections (a), (b)
and (c). Except as provided | ||
under subsection (f) of this Section, no
such special plates, | ||
decals or devices shall be issued by the Secretary of
State to | ||
or on behalf of any person with disabilities unless such person | ||
is
certified as meeting the definition of a person with | ||
disabilities pursuant to
Section 1-159.1 or meeting the | ||
requirement of a Type Four disability as
provided under Section | ||
4A of the Illinois Identification Card Act for the
period of | ||
time that the physician, or the physician assistant or advanced
| ||
practice nurse as provided in
subsection (a), determines the | ||
applicant will have the
disability, but not to exceed 6 months | ||
from the date of certification or
recertification.
| ||
(e) Any person requesting special plates under this Section | ||
may also apply
to have the special plates personalized, as | ||
provided under Section 3-405.1.
| ||
(f) The Secretary of State, upon application, shall issue | ||
disability registration plates or a parking decal to
| ||
corporations, school districts, State or municipal agencies, | ||
limited liability
companies, nursing homes, convalescent |
homes, or special education cooperatives
which will transport | ||
persons with disabilities. The Secretary shall prescribe
by | ||
rule a means to certify or re-certify the eligibility of | ||
organizations to
receive disability plates or decals and to | ||
designate which of the
2 person with disabilities emblems shall | ||
be placed on qualifying
vehicles.
| ||
(g) The Secretary of State, or his designee, may enter into
| ||
agreements with other jurisdictions, including foreign | ||
jurisdictions, on
behalf of this State relating to the | ||
extension of parking privileges by
such jurisdictions to | ||
permanently disabled residents of this State who
display a | ||
special license plate or parking device that contains the
| ||
International symbol of access on his or her motor vehicle, and | ||
to
recognize such plates or devices issued by such other | ||
jurisdictions. This
State shall grant the same parking | ||
privileges which are granted to disabled
residents of this | ||
State to any non-resident whose motor vehicle is licensed
in | ||
another state, district, territory or foreign country if such | ||
vehicle
displays the international symbol of access or a | ||
distinguishing insignia on
license plates or parking device | ||
issued in accordance with the laws of the
non-resident's state, | ||
district, territory or foreign country.
| ||
(Source: P.A. 97-1064, eff. 1-1-13.)
| ||
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| ||
Sec. 6-103. What persons shall not be licensed as drivers |
or granted
permits. The Secretary of State shall not issue, | ||
renew, or
allow the retention of any driver's
license nor issue | ||
any permit under this Code:
| ||
1. To any person, as a driver, who is under the age of | ||
18 years except
as provided in Section 6-107, and except | ||
that an instruction permit may be
issued under Section | ||
6-107.1 to a child who
is not less than 15 years of age if | ||
the child is enrolled in an approved
driver education | ||
course as defined in Section 1-103 of this Code and
| ||
requires an instruction permit to participate therein, | ||
except that an
instruction permit may be issued under the | ||
provisions of Section 6-107.1
to a child who is 17 years | ||
and 3 months of age without the child having
enrolled in an
| ||
approved driver education course and except that an
| ||
instruction permit may be issued to a child who is at least | ||
15 years and 3
months of age, is enrolled in school, meets | ||
the educational requirements of
the Driver Education Act, | ||
and has passed examinations the Secretary of State in
his | ||
or her discretion may prescribe;
| ||
1.5. To any person at least 18 years of age but less | ||
than 21 years of age unless the person has, in addition to | ||
any other requirements of this Code, successfully | ||
completed an adult driver education course as provided in | ||
Section 6-107.5 of this Code;
| ||
2. To any person who is under the age of 18 as an | ||
operator of a motorcycle
other than a motor driven cycle |
unless the person has, in addition to
meeting the | ||
provisions of Section 6-107 of this Code, successfully
| ||
completed a motorcycle
training course approved by the | ||
Illinois Department of Transportation and
successfully | ||
completes the required Secretary of State's motorcycle | ||
driver's
examination;
| ||
3. To any person, as a driver, whose driver's license | ||
or permit has been
suspended, during the suspension, nor to | ||
any person whose driver's license or
permit has been | ||
revoked, except as provided in Sections 6-205, 6-206, and
| ||
6-208;
| ||
4. To any person, as a driver, who is a user of alcohol | ||
or any other
drug to a degree that renders the person | ||
incapable of safely driving a motor
vehicle;
| ||
5. To any person, as a driver, who has previously been | ||
adjudged to be
afflicted with or suffering from any mental | ||
or physical disability or disease
and who has not at the | ||
time of application been restored to competency by the
| ||
methods provided by law;
| ||
6. To any person, as a driver, who is required by the | ||
Secretary of State
to submit an alcohol and drug evaluation | ||
or take an examination provided
for in this Code unless the | ||
person has
successfully passed the examination and | ||
submitted any required evaluation;
| ||
7. To any person who is required under the provisions | ||
of the laws of
this State to deposit security or proof of |
financial responsibility and who
has not deposited the | ||
security or proof;
| ||
8. To any person when the Secretary of State has good | ||
cause to believe
that the person by reason of physical or | ||
mental disability would not be
able to safely operate a | ||
motor vehicle upon the highways, unless the
person shall | ||
furnish to the Secretary of State a verified written
| ||
statement, acceptable to the Secretary of State, from a | ||
competent medical
specialist, a licensed physician | ||
assistant who has been delegated the performance of medical | ||
examinations by his or her supervising physician , or a | ||
licensed advanced practice nurse who has a written | ||
collaborative agreement with a collaborating physician | ||
which authorizes him or her to perform medical | ||
examinations , to the effect that the operation of a motor | ||
vehicle by the
person would not be inimical to the public | ||
safety;
| ||
9. To any person, as a driver, who is 69 years of age | ||
or older, unless
the person has successfully complied with | ||
the provisions of Section 6-109;
| ||
10. To any person convicted, within 12 months of | ||
application for a
license, of any of the sexual offenses | ||
enumerated in paragraph 2 of subsection
(b) of Section | ||
6-205;
| ||
11. To any person who is under the age of 21 years with | ||
a classification
prohibited in paragraph (b) of Section |
6-104 and to any person who is under
the age of 18 years | ||
with a classification prohibited in paragraph (c) of
| ||
Section 6-104;
| ||
12. To any person who has been either convicted of or | ||
adjudicated under
the Juvenile Court Act of 1987 based upon | ||
a violation of the Cannabis Control
Act, the Illinois | ||
Controlled Substances Act, or the Methamphetamine Control | ||
and Community Protection Act while that person was in | ||
actual
physical control of a motor vehicle. For purposes of | ||
this Section, any person
placed on probation under Section | ||
10 of the Cannabis Control Act, Section 410
of the Illinois | ||
Controlled Substances Act, or Section 70 of the | ||
Methamphetamine Control and Community Protection Act shall | ||
not be considered convicted.
Any person found guilty of | ||
this offense, while in actual physical control of a
motor | ||
vehicle, shall have an entry made in the court record by | ||
the judge that
this offense did occur while the person was | ||
in actual physical control of a
motor vehicle and order the | ||
clerk of the court to report the violation to the
Secretary | ||
of State as such. The Secretary of State shall not issue a | ||
new
license or permit for a period of one year;
| ||
13. To any person who is under the age of 18 years and | ||
who has committed
the offense
of operating a motor vehicle | ||
without a valid license or permit in violation of
Section | ||
6-101 or a similar out of state offense;
| ||
14. To any person who is
90 days or more
delinquent in |
court ordered child support
payments or has been | ||
adjudicated in arrears
in an amount equal to 90 days' | ||
obligation or more
and who has been found in contempt
of
| ||
court for failure to pay the support, subject to the | ||
requirements and
procedures of Article VII of Chapter 7 of
| ||
the Illinois Vehicle Code;
| ||
14.5. To any person certified by the Illinois | ||
Department of Healthcare and Family Services as being 90 | ||
days or more delinquent in payment of support under an | ||
order of support entered by a court or administrative body | ||
of this or any other State, subject to the requirements and | ||
procedures of Article VII of Chapter 7 of this Code | ||
regarding those certifications;
| ||
15. To any person released from a term of imprisonment | ||
for violating
Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, or a similar provision of a law | ||
of another state relating to reckless homicide or for | ||
violating subparagraph (F) of paragraph (1) of subsection | ||
(d) of Section 11-501 of this Code relating to aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs, intoxicating compound or compounds, or any | ||
combination thereof, if the violation was the proximate | ||
cause of a death, within
24 months of release from a term | ||
of imprisonment;
| ||
16. To any person who, with intent to influence any act | ||
related to the issuance of any driver's license or permit, |
by an employee of the Secretary of State's Office, or the | ||
owner or employee of any commercial driver training school | ||
licensed by the Secretary of State, or any other individual | ||
authorized by the laws of this State to give driving | ||
instructions or administer all or part of a driver's | ||
license examination, promises or tenders to that person any | ||
property or personal advantage which that person is not | ||
authorized by law to accept. Any persons promising or | ||
tendering such property or personal advantage shall be | ||
disqualified from holding any class of driver's license or | ||
permit for 120 consecutive days. The Secretary of State | ||
shall establish by rule the procedures for implementing | ||
this period of disqualification and the procedures by which | ||
persons so disqualified may obtain administrative review | ||
of the decision to disqualify;
| ||
17. To any person for whom the Secretary of State | ||
cannot verify the
accuracy of any information or | ||
documentation submitted in application for a
driver's | ||
license; or
| ||
18. To any person who has been adjudicated under the | ||
Juvenile Court Act of 1987 based upon an offense that is | ||
determined by the court to have been committed in | ||
furtherance of the criminal activities of an organized | ||
gang, as provided in Section 5-710 of that Act, and that | ||
involved the operation or use of a motor vehicle or the use | ||
of a driver's license or permit. The person shall be denied |
a license or permit for the period determined by the court.
| ||
The Secretary of State shall retain all conviction
| ||
information, if the information is required to be held | ||
confidential under
the Juvenile Court Act of 1987. | ||
(Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13; | ||
98-167, eff. 7-1-14; 98-756, eff. 7-16-14.)
| ||
(625 ILCS 5/6-106.1)
| ||
Sec. 6-106.1. School bus driver permit.
| ||
(a) The Secretary of State shall issue a school bus driver
| ||
permit to those applicants who have met all the requirements of | ||
the
application and screening process under this Section to | ||
insure the
welfare and safety of children who are transported | ||
on school buses
throughout the State of Illinois. Applicants | ||
shall obtain the
proper application required by the Secretary | ||
of State from their
prospective or current employer and submit | ||
the completed
application to the prospective or current | ||
employer along
with the necessary fingerprint submission as | ||
required by the
Department of
State Police to conduct | ||
fingerprint based criminal background
checks on current and | ||
future information available in the state
system and current | ||
information available through the Federal Bureau
of | ||
Investigation's system. Applicants who have completed the
| ||
fingerprinting requirements shall not be subjected to the
| ||
fingerprinting process when applying for subsequent permits or
| ||
submitting proof of successful completion of the annual |
refresher
course. Individuals who on the effective date of this | ||
Act possess a valid
school bus driver permit that has been | ||
previously issued by the appropriate
Regional School | ||
Superintendent are not subject to the fingerprinting
| ||
provisions of this Section as long as the permit remains valid | ||
and does not
lapse. The applicant shall be required to pay all | ||
related
application and fingerprinting fees as established by | ||
rule
including, but not limited to, the amounts established by | ||
the Department of
State Police and the Federal Bureau of | ||
Investigation to process
fingerprint based criminal background | ||
investigations. All fees paid for
fingerprint processing | ||
services under this Section shall be deposited into the
State | ||
Police Services Fund for the cost incurred in processing the | ||
fingerprint
based criminal background investigations. All | ||
other fees paid under this
Section shall be deposited into the | ||
Road
Fund for the purpose of defraying the costs of the | ||
Secretary of State in
administering this Section. All | ||
applicants must:
| ||
1. be 21 years of age or older;
| ||
2. possess a valid and properly classified driver's | ||
license
issued by the Secretary of State;
| ||
3. possess a valid driver's license, which has not been
| ||
revoked, suspended, or canceled for 3 years immediately | ||
prior to
the date of application, or have not had his or | ||
her commercial motor vehicle
driving privileges
| ||
disqualified within the 3 years immediately prior to the |
date of application;
| ||
4. successfully pass a written test, administered by | ||
the
Secretary of State, on school bus operation, school bus | ||
safety, and
special traffic laws relating to school buses | ||
and submit to a review
of the applicant's driving habits by | ||
the Secretary of State at the time the
written test is | ||
given;
| ||
5. demonstrate ability to exercise reasonable care in | ||
the operation of
school buses in accordance with rules | ||
promulgated by the Secretary of State;
| ||
6. demonstrate physical fitness to operate school | ||
buses by
submitting the results of a medical examination, | ||
including tests for drug
use for each applicant not subject | ||
to such testing pursuant to
federal law, conducted by a | ||
licensed physician, a licensed an advanced practice nurse
| ||
who has a written collaborative agreement with
a | ||
collaborating physician which authorizes him or her to | ||
perform medical
examinations , or a licensed physician | ||
assistant who has been delegated the
performance of medical | ||
examinations by his or her supervising physician
within 90 | ||
days of the date
of application according to standards | ||
promulgated by the Secretary of State;
| ||
7. affirm under penalties of perjury that he or she has | ||
not made a
false statement or knowingly concealed a | ||
material fact
in any application for permit;
| ||
8. have completed an initial classroom course, |
including first aid
procedures, in school bus driver safety | ||
as promulgated by the Secretary of
State; and after | ||
satisfactory completion of said initial course an annual
| ||
refresher course; such courses and the agency or | ||
organization conducting such
courses shall be approved by | ||
the Secretary of State; failure to
complete the annual | ||
refresher course, shall result in
cancellation of the | ||
permit until such course is completed;
| ||
9. not have been under an order of court supervision | ||
for or convicted of 2 or more serious traffic offenses, as
| ||
defined by rule, within one year prior to the date of | ||
application that may
endanger the life or safety of any of | ||
the driver's passengers within the
duration of the permit | ||
period;
| ||
10. not have been under an order of court supervision | ||
for or convicted of reckless driving, aggravated reckless | ||
driving, driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or | ||
any combination thereof, or reckless homicide resulting | ||
from the operation of a motor
vehicle within 3 years of the | ||
date of application;
| ||
11. not have been convicted of committing or attempting
| ||
to commit any
one or more of the following offenses: (i) | ||
those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | ||
9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | ||
10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||
11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | ||
11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||
11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | ||
11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | ||
12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||
12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | ||
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||
12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | ||
12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| ||
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, | ||
31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section | ||
8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), | ||
(e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and | ||
in subsection (a) and subsection (b), clause (1), of | ||
Section
12-4, and in subsection (A), clauses (a) and (b), | ||
of Section 24-3, and those offenses contained in Article | ||
29D of the Criminal Code of 1961 or the Criminal Code of | ||
2012; (ii) those offenses defined in the
Cannabis Control | ||
Act except those offenses defined in subsections (a) and
| ||
(b) of Section 4, and subsection (a) of Section 5 of the | ||
Cannabis Control
Act; (iii) those offenses defined in the | ||
Illinois Controlled Substances
Act; (iv) those offenses | ||
defined in the Methamphetamine Control and Community |
Protection Act; (v) any offense committed or attempted in | ||
any other state or against
the laws of the United States, | ||
which if committed or attempted in this
State would be | ||
punishable as one or more of the foregoing offenses; (vi)
| ||
the offenses defined in Section 4.1 and 5.1 of the Wrongs | ||
to Children Act or Section 11-9.1A of the Criminal Code of | ||
1961 or the Criminal Code of 2012; (vii) those offenses | ||
defined in Section 6-16 of the Liquor Control Act of
1934;
| ||
and (viii) those offenses defined in the Methamphetamine | ||
Precursor Control Act;
| ||
12. not have been repeatedly involved as a driver in | ||
motor vehicle
collisions or been repeatedly convicted of | ||
offenses against
laws and ordinances regulating the | ||
movement of traffic, to a degree which
indicates lack of | ||
ability to exercise ordinary and reasonable care in the
| ||
safe operation of a motor vehicle or disrespect for the | ||
traffic laws and
the safety of other persons upon the | ||
highway;
| ||
13. not have, through the unlawful operation of a motor
| ||
vehicle, caused an accident resulting in the death of any | ||
person;
| ||
14. not have, within the last 5 years, been adjudged to | ||
be
afflicted with or suffering from any mental disability | ||
or disease; and
| ||
15. consent, in writing, to the release of results of | ||
reasonable suspicion drug and alcohol testing under |
Section 6-106.1c of this Code by the employer of the | ||
applicant to the Secretary of State. | ||
(b) A school bus driver permit shall be valid for a period | ||
specified by
the Secretary of State as set forth by rule. It | ||
shall be renewable upon compliance with subsection (a) of this
| ||
Section.
| ||
(c) A school bus driver permit shall contain the holder's | ||
driver's
license number, legal name, residence address, zip | ||
code, and date
of birth, a brief description of the holder and | ||
a space for signature. The
Secretary of State may require a | ||
suitable photograph of the holder.
| ||
(d) The employer shall be responsible for conducting a | ||
pre-employment
interview with prospective school bus driver | ||
candidates, distributing school
bus driver applications and | ||
medical forms to be completed by the applicant, and
submitting | ||
the applicant's fingerprint cards to the Department of State | ||
Police
that are required for the criminal background | ||
investigations. The employer
shall certify in writing to the | ||
Secretary of State that all pre-employment
conditions have been | ||
successfully completed including the successful completion
of | ||
an Illinois specific criminal background investigation through | ||
the
Department of State Police and the submission of necessary
| ||
fingerprints to the Federal Bureau of Investigation for | ||
criminal
history information available through the Federal | ||
Bureau of
Investigation system. The applicant shall present the
| ||
certification to the Secretary of State at the time of |
submitting
the school bus driver permit application.
| ||
(e) Permits shall initially be provisional upon receiving
| ||
certification from the employer that all pre-employment | ||
conditions
have been successfully completed, and upon | ||
successful completion of
all training and examination | ||
requirements for the classification of
the vehicle to be | ||
operated, the Secretary of State shall
provisionally issue a | ||
School Bus Driver Permit. The permit shall
remain in a | ||
provisional status pending the completion of the
Federal Bureau | ||
of Investigation's criminal background investigation based
| ||
upon fingerprinting specimens submitted to the Federal Bureau | ||
of
Investigation by the Department of State Police. The Federal | ||
Bureau of
Investigation shall report the findings directly to | ||
the Secretary
of State. The Secretary of State shall remove the | ||
bus driver
permit from provisional status upon the applicant's | ||
successful
completion of the Federal Bureau of Investigation's | ||
criminal
background investigation.
| ||
(f) A school bus driver permit holder shall notify the
| ||
employer and the Secretary of State if he or she is issued an | ||
order of court supervision for or convicted in
another state of | ||
an offense that would make him or her ineligible
for a permit | ||
under subsection (a) of this Section. The
written notification | ||
shall be made within 5 days of the entry of
the order of court | ||
supervision or conviction. Failure of the permit holder to | ||
provide the
notification is punishable as a petty
offense for a | ||
first violation and a Class B misdemeanor for a
second or |
subsequent violation.
| ||
(g) Cancellation; suspension; notice and procedure.
| ||
(1) The Secretary of State shall cancel a school bus
| ||
driver permit of an applicant whose criminal background | ||
investigation
discloses that he or she is not in compliance | ||
with the provisions of subsection
(a) of this Section.
| ||
(2) The Secretary of State shall cancel a school
bus | ||
driver permit when he or she receives notice that the | ||
permit holder fails
to comply with any provision of this | ||
Section or any rule promulgated for the
administration of | ||
this Section.
| ||
(3) The Secretary of State shall cancel a school bus
| ||
driver permit if the permit holder's restricted commercial | ||
or
commercial driving privileges are withdrawn or | ||
otherwise
invalidated.
| ||
(4) The Secretary of State may not issue a school bus
| ||
driver permit for a period of 3 years to an applicant who | ||
fails to
obtain a negative result on a drug test as | ||
required in item 6 of
subsection (a) of this Section or | ||
under federal law.
| ||
(5) The Secretary of State shall forthwith suspend
a | ||
school bus driver permit for a period of 3 years upon | ||
receiving
notice that the holder has failed to obtain a | ||
negative result on a
drug test as required in item 6 of | ||
subsection (a) of this Section
or under federal law.
| ||
(6) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving notice | ||
from the employer that the holder failed to perform the | ||
inspection procedure set forth in subsection (a) or (b) of | ||
Section 12-816 of this Code. | ||
(7) The Secretary of State shall suspend a school bus | ||
driver permit for a period of 3 years upon receiving notice | ||
from the employer that the holder refused to submit to an | ||
alcohol or drug test as required by Section 6-106.1c or has | ||
submitted to a test required by that Section which | ||
disclosed an alcohol concentration of more than 0.00 or | ||
disclosed a positive result on a National Institute on Drug | ||
Abuse five-drug panel, utilizing federal standards set | ||
forth in 49 CFR 40.87. | ||
The Secretary of State shall notify the State | ||
Superintendent
of Education and the permit holder's | ||
prospective or current
employer that the applicant has (1) has | ||
failed a criminal
background investigation or (2) is no
longer | ||
eligible for a school bus driver permit; and of the related
| ||
cancellation of the applicant's provisional school bus driver | ||
permit. The
cancellation shall remain in effect pending the | ||
outcome of a
hearing pursuant to Section 2-118 of this Code. | ||
The scope of the
hearing shall be limited to the issuance | ||
criteria contained in
subsection (a) of this Section. A | ||
petition requesting a
hearing shall be submitted to the | ||
Secretary of State and shall
contain the reason the individual | ||
feels he or she is entitled to a
school bus driver permit. The |
permit holder's
employer shall notify in writing to the | ||
Secretary of State
that the employer has certified the removal | ||
of the offending school
bus driver from service prior to the | ||
start of that school bus
driver's next workshift. An employing | ||
school board that fails to
remove the offending school bus | ||
driver from service is
subject to the penalties defined in | ||
Section 3-14.23 of the School Code. A
school bus
contractor who | ||
violates a provision of this Section is
subject to the | ||
penalties defined in Section 6-106.11.
| ||
All valid school bus driver permits issued under this | ||
Section
prior to January 1, 1995, shall remain effective until | ||
their
expiration date unless otherwise invalidated.
| ||
(h) When a school bus driver permit holder who is a service | ||
member is called to active duty, the employer of the permit | ||
holder shall notify the Secretary of State, within 30 days of | ||
notification from the permit holder, that the permit holder has | ||
been called to active duty. Upon notification pursuant to this | ||
subsection, (i) the Secretary of State shall characterize the | ||
permit as inactive until a permit holder renews the permit as | ||
provided in subsection (i) of this Section, and (ii) if a | ||
permit holder fails to comply with the requirements of this | ||
Section while called to active duty, the Secretary of State | ||
shall not characterize the permit as invalid. | ||
(i) A school bus driver permit holder who is a service | ||
member returning from active duty must, within 90 days, renew a | ||
permit characterized as inactive pursuant to subsection (h) of |
this Section by complying with the renewal requirements of | ||
subsection (b) of this Section. | ||
(j) For purposes of subsections (h) and (i) of this | ||
Section: | ||
"Active duty" means active duty pursuant to an executive | ||
order of the President of the United States, an act of the | ||
Congress of the United States, or an order of the Governor. | ||
"Service member" means a member of the Armed Services or | ||
reserve forces of the United States or a member of the Illinois | ||
National Guard. | ||
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | ||
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. | ||
7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551, | ||
Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11; | ||
97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff. | ||
1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | ||
eff. 1-25-13.)
| ||
(625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
| ||
Sec. 6-901. Definitions. For the purposes of this
Article:
| ||
"Board" means the Driver's License Medical Advisory Board.
| ||
"Medical examiner" or "medical practitioner" means: | ||
(i) any
person licensed to practice medicine in all its | ||
branches in
the State of Illinois or any other state;
| ||
(ii) a licensed physician assistant who has been | ||
delegated the performance of medical examinations by his or |
her supervising physician ; or | ||
(iii) a licensed advanced practice nurse who has a | ||
written collaborative agreement with a collaborating | ||
physician which authorizes him or her to perform medical | ||
examinations . | ||
(Source: P.A. 96-962, eff. 7-2-10; 97-185, eff. 7-22-11.)
| ||
Section 120. The Illinois Controlled Substances Act is | ||
amended by changing Sections 102 and 303.05 as follows: | ||
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||
Sec. 102. Definitions. As used in this Act, unless the | ||
context
otherwise requires:
| ||
(a) "Addict" means any person who habitually uses any drug, | ||
chemical,
substance or dangerous drug other than alcohol so as | ||
to endanger the public
morals, health, safety or welfare or who | ||
is so far addicted to the use of a
dangerous drug or controlled | ||
substance other than alcohol as to have lost
the power of self | ||
control with reference to his or her addiction.
| ||
(b) "Administer" means the direct application of a | ||
controlled
substance, whether by injection, inhalation, | ||
ingestion, or any other
means, to the body of a patient, | ||
research subject, or animal (as
defined by the Humane | ||
Euthanasia in Animal Shelters Act) by:
| ||
(1) a practitioner (or, in his or her presence, by his | ||
or her authorized agent),
|
(2) the patient or research subject pursuant to an | ||
order, or
| ||
(3) a euthanasia technician as defined by the Humane | ||
Euthanasia in
Animal Shelters Act.
| ||
(c) "Agent" means an authorized person who acts on behalf | ||
of or at
the direction of a manufacturer, distributor, | ||
dispenser, prescriber, or practitioner. It does not
include a | ||
common or contract carrier, public warehouseman or employee of
| ||
the carrier or warehouseman.
| ||
(c-1) "Anabolic Steroids" means any drug or hormonal | ||
substance,
chemically and pharmacologically related to | ||
testosterone (other than
estrogens, progestins, | ||
corticosteroids, and dehydroepiandrosterone),
and includes:
| ||
(i) 3[beta],17-dihydroxy-5a-androstane, | ||
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||
(iii) 5[alpha]-androstan-3,17-dione, | ||
(iv) 1-androstenediol (3[beta], | ||
17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||
(v) 1-androstenediol (3[alpha], | ||
17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||
(vi) 4-androstenediol | ||
(3[beta],17[beta]-dihydroxy-androst-4-ene), | ||
(vii) 5-androstenediol | ||
(3[beta],17[beta]-dihydroxy-androst-5-ene), | ||
(viii) 1-androstenedione | ||
([5alpha]-androst-1-en-3,17-dione), |
(ix) 4-androstenedione | ||
(androst-4-en-3,17-dione), | ||
(x) 5-androstenedione | ||
(androst-5-en-3,17-dione), | ||
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xii) boldenone (17[beta]-hydroxyandrost- | ||
1,4,-diene-3-one), | ||
(xiii) boldione (androsta-1,4- | ||
diene-3,17-dione), | ||
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||
[beta]-hydroxyandrost-4-en-3-one), | ||
(xv) clostebol (4-chloro-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xvi) dehydrochloromethyltestosterone (4-chloro- | ||
17[beta]-hydroxy-17[alpha]-methyl- | ||
androst-1,4-dien-3-one), | ||
(xvii) desoxymethyltestosterone | ||
(17[alpha]-methyl-5[alpha] | ||
-androst-2-en-17[beta]-ol)(a.k.a., madol), | ||
(xviii) [delta]1-dihydrotestosterone (a.k.a. | ||
'1-testosterone') (17[beta]-hydroxy- | ||
5[alpha]-androst-1-en-3-one), | ||
(xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||
androstan-3-one), | ||
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- |
5[alpha]-androstan-3-one), | ||
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||
hydroxyestr-4-ene), | ||
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||
1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||
17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||
(xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||
hydroxyandrostano[2,3-c]-furazan), | ||
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | ||
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||
androst-4-en-3-one), | ||
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||
dihydroxy-estr-4-en-3-one), | ||
(xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||
hydroxy-5-androstan-3-one), | ||
(xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||
[5a]-androstan-3-one), | ||
(xxx) methandienone (17[alpha]-methyl-17[beta]- | ||
hydroxyandrost-1,4-dien-3-one), | ||
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||
dihydroxyandrost-5-ene), | ||
(xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||
5[alpha]-androst-1-en-3-one), | ||
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||
dihydroxy-5a-androstane), |
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||
-5a-androstane), | ||
(xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||
dihydroxyandrost-4-ene), | ||
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestra-4,9(10)-dien-3-one), | ||
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestra-4,9-11-trien-3-one), | ||
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||
1-testosterone'), | ||
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||
dihydroxyestr-4-ene), | ||
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||
dihydroxyestr-4-ene), | ||
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||
dihydroxyestr-5-ene), | ||
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- |
dihydroxyestr-5-ene), | ||
(xlvii) 19-nor-4,9(10)-androstadienedione | ||
(estra-4,9(10)-diene-3,17-dione), | ||
(xlviii) 19-nor-4-androstenedione (estr-4- | ||
en-3,17-dione), | ||
(xlix) 19-nor-5-androstenedione (estr-5- | ||
en-3,17-dione), | ||
(l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||
hydroxygon-4-en-3-one), | ||
(li) norclostebol (4-chloro-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||
2-oxa-5[alpha]-androstan-3-one), | ||
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||
dihydroxyandrost-4-en-3-one), | ||
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||
17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||
(5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||
(lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||
(5[alpha]-androst-1-en-3-one), | ||
(lix) testolactone (13-hydroxy-3-oxo-13,17- |
secoandrosta-1,4-dien-17-oic | ||
acid lactone), | ||
(lx) testosterone (17[beta]-hydroxyandrost- | ||
4-en-3-one), | ||
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||
diethyl-17[beta]-hydroxygon- | ||
4,9,11-trien-3-one), | ||
(lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||
11-trien-3-one).
| ||
Any person who is otherwise lawfully in possession of an | ||
anabolic
steroid, or who otherwise lawfully manufactures, | ||
distributes, dispenses,
delivers, or possesses with intent to | ||
deliver an anabolic steroid, which
anabolic steroid is | ||
expressly intended for and lawfully allowed to be
administered | ||
through implants to livestock or other nonhuman species, and
| ||
which is approved by the Secretary of Health and Human Services | ||
for such
administration, and which the person intends to | ||
administer or have
administered through such implants, shall | ||
not be considered to be in
unauthorized possession or to | ||
unlawfully manufacture, distribute, dispense,
deliver, or | ||
possess with intent to deliver such anabolic steroid for
| ||
purposes of this Act.
| ||
(d) "Administration" means the Drug Enforcement | ||
Administration,
United States Department of Justice, or its | ||
successor agency.
| ||
(d-5) "Clinical Director, Prescription Monitoring Program" |
means a Department of Human Services administrative employee | ||
licensed to either prescribe or dispense controlled substances | ||
who shall run the clinical aspects of the Department of Human | ||
Services Prescription Monitoring Program and its Prescription | ||
Information Library. | ||
(d-10) "Compounding" means the preparation and mixing of | ||
components, excluding flavorings, (1) as the result of a | ||
prescriber's prescription drug order or initiative based on the | ||
prescriber-patient-pharmacist relationship in the course of | ||
professional practice or (2) for the purpose of, or incident | ||
to, research, teaching, or chemical analysis and not for sale | ||
or dispensing. "Compounding" includes the preparation of drugs | ||
or devices in anticipation of receiving prescription drug | ||
orders based on routine, regularly observed dispensing | ||
patterns. Commercially available products may be compounded | ||
for dispensing to individual patients only if both of the | ||
following conditions are met: (i) the commercial product is not | ||
reasonably available from normal distribution channels in a | ||
timely manner to meet the patient's needs and (ii) the | ||
prescribing practitioner has requested that the drug be | ||
compounded. | ||
(e) "Control" means to add a drug or other substance, or | ||
immediate
precursor, to a Schedule whether by
transfer from | ||
another Schedule or otherwise.
| ||
(f) "Controlled Substance" means (i) a drug, substance, or | ||
immediate
precursor in the Schedules of Article II of this Act |
or (ii) a drug or other substance, or immediate precursor, | ||
designated as a controlled substance by the Department through | ||
administrative rule. The term does not include distilled | ||
spirits, wine, malt beverages, or tobacco, as those terms are
| ||
defined or used in the Liquor Control Act of 1934 and the | ||
Tobacco Products Tax
Act of 1995.
| ||
(f-5) "Controlled substance analog" means a substance: | ||
(1) the chemical structure of which is substantially | ||
similar to the chemical structure of a controlled substance | ||
in Schedule I or II; | ||
(2) which has a stimulant, depressant, or | ||
hallucinogenic effect on the central nervous system that is | ||
substantially similar to or greater than the stimulant, | ||
depressant, or hallucinogenic effect on the central | ||
nervous system of a controlled substance in Schedule I or | ||
II; or | ||
(3) with respect to a particular person, which such | ||
person represents or intends to have a stimulant, | ||
depressant, or hallucinogenic effect on the central | ||
nervous system that is substantially similar to or greater | ||
than the stimulant, depressant, or hallucinogenic effect | ||
on the central nervous system of a controlled substance in | ||
Schedule I or II. | ||
(g) "Counterfeit substance" means a controlled substance, | ||
which, or
the container or labeling of which, without | ||
authorization bears the
trademark, trade name, or other |
identifying mark, imprint, number or
device, or any likeness | ||
thereof, of a manufacturer, distributor, or
dispenser other | ||
than the person who in fact manufactured, distributed,
or | ||
dispensed the substance.
| ||
(h) "Deliver" or "delivery" means the actual, constructive | ||
or
attempted transfer of possession of a controlled substance, | ||
with or
without consideration, whether or not there is an | ||
agency relationship.
| ||
(i) "Department" means the Illinois Department of Human | ||
Services (as
successor to the Department of Alcoholism and | ||
Substance Abuse) or its successor agency.
| ||
(j) (Blank).
| ||
(k) "Department of Corrections" means the Department of | ||
Corrections
of the State of Illinois or its successor agency.
| ||
(l) "Department of Financial and Professional Regulation" | ||
means the Department
of Financial and Professional Regulation | ||
of the State of Illinois or its successor agency.
| ||
(m) "Depressant" means any drug that (i) causes an overall | ||
depression of central nervous system functions, (ii) causes | ||
impaired consciousness and awareness, and (iii) can be | ||
habit-forming or lead to a substance abuse problem, including | ||
but not limited to alcohol, cannabis and its active principles | ||
and their analogs, benzodiazepines and their analogs, | ||
barbiturates and their analogs, opioids (natural and | ||
synthetic) and their analogs, and chloral hydrate and similar | ||
sedative hypnotics.
|
(n) (Blank).
| ||
(o) "Director" means the Director of the Illinois State | ||
Police or his or her designated agents.
| ||
(p) "Dispense" means to deliver a controlled substance to | ||
an
ultimate user or research subject by or pursuant to the | ||
lawful order of
a prescriber, including the prescribing, | ||
administering, packaging,
labeling, or compounding necessary | ||
to prepare the substance for that
delivery.
| ||
(q) "Dispenser" means a practitioner who dispenses.
| ||
(r) "Distribute" means to deliver, other than by | ||
administering or
dispensing, a controlled substance.
| ||
(s) "Distributor" means a person who distributes.
| ||
(t) "Drug" means (1) substances recognized as drugs in the | ||
official
United States Pharmacopoeia, Official Homeopathic | ||
Pharmacopoeia of the
United States, or official National | ||
Formulary, or any supplement to any
of them; (2) substances | ||
intended for use in diagnosis, cure, mitigation,
treatment, or | ||
prevention of disease in man or animals; (3) substances
(other | ||
than food) intended to affect the structure of any function of
| ||
the body of man or animals and (4) substances intended for use | ||
as a
component of any article specified in clause (1), (2), or | ||
(3) of this
subsection. It does not include devices or their | ||
components, parts, or
accessories.
| ||
(t-5) "Euthanasia agency" means
an entity certified by the | ||
Department of Financial and Professional Regulation for the
| ||
purpose of animal euthanasia that holds an animal control |
facility license or
animal
shelter license under the Animal | ||
Welfare Act. A euthanasia agency is
authorized to purchase, | ||
store, possess, and utilize Schedule II nonnarcotic and
| ||
Schedule III nonnarcotic drugs for the sole purpose of animal | ||
euthanasia.
| ||
(t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||
substances
(nonnarcotic controlled substances) that are used | ||
by a euthanasia agency for
the purpose of animal euthanasia.
| ||
(u) "Good faith" means the prescribing or dispensing of a | ||
controlled
substance by a practitioner in the regular course of | ||
professional
treatment to or for any person who is under his or | ||
her treatment for a
pathology or condition other than that | ||
individual's physical or
psychological dependence upon or | ||
addiction to a controlled substance,
except as provided herein: | ||
and application of the term to a pharmacist
shall mean the | ||
dispensing of a controlled substance pursuant to the
| ||
prescriber's order which in the professional judgment of the | ||
pharmacist
is lawful. The pharmacist shall be guided by | ||
accepted professional
standards including, but not limited to | ||
the following, in making the
judgment:
| ||
(1) lack of consistency of prescriber-patient | ||
relationship,
| ||
(2) frequency of prescriptions for same drug by one | ||
prescriber for
large numbers of patients,
| ||
(3) quantities beyond those normally prescribed,
| ||
(4) unusual dosages (recognizing that there may be |
clinical circumstances where more or less than the usual | ||
dose may be used legitimately),
| ||
(5) unusual geographic distances between patient, | ||
pharmacist and
prescriber,
| ||
(6) consistent prescribing of habit-forming drugs.
| ||
(u-0.5) "Hallucinogen" means a drug that causes markedly | ||
altered sensory perception leading to hallucinations of any | ||
type. | ||
(u-1) "Home infusion services" means services provided by a | ||
pharmacy in
compounding solutions for direct administration to | ||
a patient in a private
residence, long-term care facility, or | ||
hospice setting by means of parenteral,
intravenous, | ||
intramuscular, subcutaneous, or intraspinal infusion.
| ||
(u-5) "Illinois State Police" means the State
Police of the | ||
State of Illinois, or its successor agency. | ||
(v) "Immediate precursor" means a substance:
| ||
(1) which the Department has found to be and by rule | ||
designated as
being a principal compound used, or produced | ||
primarily for use, in the
manufacture of a controlled | ||
substance;
| ||
(2) which is an immediate chemical intermediary used or | ||
likely to
be used in the manufacture of such controlled | ||
substance; and
| ||
(3) the control of which is necessary to prevent, | ||
curtail or limit
the manufacture of such controlled | ||
substance.
|
(w) "Instructional activities" means the acts of teaching, | ||
educating
or instructing by practitioners using controlled | ||
substances within
educational facilities approved by the State | ||
Board of Education or
its successor agency.
| ||
(x) "Local authorities" means a duly organized State, | ||
County or
Municipal peace unit or police force.
| ||
(y) "Look-alike substance" means a substance, other than a | ||
controlled
substance which (1) by overall dosage unit | ||
appearance, including shape,
color, size, markings or lack | ||
thereof, taste, consistency, or any other
identifying physical | ||
characteristic of the substance, would lead a reasonable
person | ||
to believe that the substance is a controlled substance, or (2) | ||
is
expressly or impliedly represented to be a controlled | ||
substance or is
distributed under circumstances which would | ||
lead a reasonable person to
believe that the substance is a | ||
controlled substance. For the purpose of
determining whether | ||
the representations made or the circumstances of the
| ||
distribution would lead a reasonable person to believe the | ||
substance to be
a controlled substance under this clause (2) of | ||
subsection (y), the court or
other authority may consider the | ||
following factors in addition to any other
factor that may be | ||
relevant:
| ||
(a) statements made by the owner or person in control | ||
of the substance
concerning its nature, use or effect;
| ||
(b) statements made to the buyer or recipient that the | ||
substance may
be resold for profit;
|
(c) whether the substance is packaged in a manner | ||
normally used for the
illegal distribution of controlled | ||
substances;
| ||
(d) whether the distribution or attempted distribution | ||
included an
exchange of or demand for money or other | ||
property as consideration, and
whether the amount of the | ||
consideration was substantially greater than the
| ||
reasonable retail market value of the substance.
| ||
Clause (1) of this subsection (y) shall not apply to a | ||
noncontrolled
substance in its finished dosage form that was | ||
initially introduced into
commerce prior to the initial | ||
introduction into commerce of a controlled
substance in its | ||
finished dosage form which it may substantially resemble.
| ||
Nothing in this subsection (y) prohibits the dispensing or | ||
distributing
of noncontrolled substances by persons authorized | ||
to dispense and
distribute controlled substances under this | ||
Act, provided that such action
would be deemed to be carried | ||
out in good faith under subsection (u) if the
substances | ||
involved were controlled substances.
| ||
Nothing in this subsection (y) or in this Act prohibits the | ||
manufacture,
preparation, propagation, compounding, | ||
processing, packaging, advertising
or distribution of a drug or | ||
drugs by any person registered pursuant to
Section 510 of the | ||
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||
(y-1) "Mail-order pharmacy" means a pharmacy that is | ||
located in a state
of the United States that delivers, |
dispenses or
distributes, through the United States Postal | ||
Service or other common
carrier, to Illinois residents, any | ||
substance which requires a prescription.
| ||
(z) "Manufacture" means the production, preparation, | ||
propagation,
compounding, conversion or processing of a | ||
controlled substance other than methamphetamine, either
| ||
directly or indirectly, by extraction from substances of | ||
natural origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis, and includes any packaging or
repackaging of the | ||
substance or labeling of its container, except that
this term | ||
does not include:
| ||
(1) by an ultimate user, the preparation or compounding | ||
of a
controlled substance for his or her own use; or
| ||
(2) by a practitioner, or his or her authorized agent | ||
under his or her
supervision, the preparation, | ||
compounding, packaging, or labeling of a
controlled | ||
substance:
| ||
(a) as an incident to his or her administering or | ||
dispensing of a
controlled substance in the course of | ||
his or her professional practice; or
| ||
(b) as an incident to lawful research, teaching or | ||
chemical
analysis and not for sale.
| ||
(z-1) (Blank).
| ||
(z-5) "Medication shopping" means the conduct prohibited | ||
under subsection (a) of Section 314.5 of this Act. |
(z-10) "Mid-level practitioner" means (i) a physician | ||
assistant who has been delegated authority to prescribe through | ||
a written delegation of authority by a physician licensed to | ||
practice medicine in all of its branches, in accordance with | ||
Section 7.5 of the Physician Assistant Practice Act of 1987, | ||
(ii) an advanced practice nurse who has been delegated | ||
authority to prescribe through a written delegation of | ||
authority by a physician licensed to practice medicine in all | ||
of its branches or by a podiatric physician, in accordance with | ||
Section 65-40 of the Nurse Practice Act, (iii) an advanced | ||
practice nurse certified as a nurse practitioner, nurse | ||
midwife, or clinical nurse specialist who has been granted | ||
authority to prescribe by a hospital affiliate in accordance | ||
with Section 65-45 of the Nurse Practice Act, (iv) an animal | ||
euthanasia agency, or (v) (iv) a prescribing psychologist. | ||
(aa) "Narcotic drug" means any of the following, whether | ||
produced
directly or indirectly by extraction from substances | ||
of vegetable origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis:
| ||
(1) opium, opiates, derivatives of opium and opiates, | ||
including their isomers, esters, ethers, salts, and salts | ||
of isomers, esters, and ethers, whenever the existence of | ||
such isomers, esters, ethers, and salts is possible within | ||
the specific chemical designation; however the term | ||
"narcotic drug" does not include the isoquinoline |
alkaloids of opium;
| ||
(2) (blank);
| ||
(3) opium poppy and poppy straw;
| ||
(4) coca leaves, except coca leaves and extracts of | ||
coca leaves from which substantially all of the cocaine and | ||
ecgonine, and their isomers, derivatives and salts, have | ||
been removed;
| ||
(5) cocaine, its salts, optical and geometric isomers, | ||
and salts of isomers; | ||
(6) ecgonine, its derivatives, their salts, isomers, | ||
and salts of isomers; | ||
(7) any compound, mixture, or preparation which | ||
contains any quantity of any of the substances referred to | ||
in subparagraphs (1) through (6). | ||
(bb) "Nurse" means a registered nurse licensed under the
| ||
Nurse Practice Act.
| ||
(cc) (Blank).
| ||
(dd) "Opiate" means any substance having an addiction | ||
forming or
addiction sustaining liability similar to morphine | ||
or being capable of
conversion into a drug having addiction | ||
forming or addiction sustaining
liability.
| ||
(ee) "Opium poppy" means the plant of the species Papaver
| ||
somniferum L., except its seeds.
| ||
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||
solution or other liquid form of medication intended for | ||
administration by mouth, but the term does not include a form |
of medication intended for buccal, sublingual, or transmucosal | ||
administration. | ||
(ff) "Parole and Pardon Board" means the Parole and Pardon | ||
Board of
the State of Illinois or its successor agency.
| ||
(gg) "Person" means any individual, corporation, | ||
mail-order pharmacy,
government or governmental subdivision or | ||
agency, business trust, estate,
trust, partnership or | ||
association, or any other entity.
| ||
(hh) "Pharmacist" means any person who holds a license or | ||
certificate of
registration as a registered pharmacist, a local | ||
registered pharmacist
or a registered assistant pharmacist | ||
under the Pharmacy Practice Act.
| ||
(ii) "Pharmacy" means any store, ship or other place in | ||
which
pharmacy is authorized to be practiced under the Pharmacy | ||
Practice Act.
| ||
(ii-5) "Pharmacy shopping" means the conduct prohibited | ||
under subsection (b) of Section 314.5 of this Act. | ||
(ii-10) "Physician" (except when the context otherwise | ||
requires) means a person licensed to practice medicine in all | ||
of its branches. | ||
(jj) "Poppy straw" means all parts, except the seeds, of | ||
the opium
poppy, after mowing.
| ||
(kk) "Practitioner" means a physician licensed to practice | ||
medicine in all
its branches, dentist, optometrist, podiatric | ||
physician,
veterinarian, scientific investigator, pharmacist, | ||
physician assistant,
advanced practice nurse,
licensed |
practical
nurse, registered nurse, hospital, laboratory, or | ||
pharmacy, or other
person licensed, registered, or otherwise | ||
lawfully permitted by the
United States or this State to | ||
distribute, dispense, conduct research
with respect to, | ||
administer or use in teaching or chemical analysis, a
| ||
controlled substance in the course of professional practice or | ||
research.
| ||
(ll) "Pre-printed prescription" means a written | ||
prescription upon which
the designated drug has been indicated | ||
prior to the time of issuance; the term does not mean a written | ||
prescription that is individually generated by machine or | ||
computer in the prescriber's office.
| ||
(mm) "Prescriber" means a physician licensed to practice | ||
medicine in all
its branches, dentist, optometrist, | ||
prescribing psychologist licensed under Section 4.2 of the | ||
Clinical Psychologist Licensing Act with prescriptive | ||
authority delegated under Section 4.3 of the Clinical | ||
Psychologist Licensing Act, podiatric physician, or
| ||
veterinarian who issues a prescription, a physician assistant | ||
who
issues a
prescription for a controlled substance
in | ||
accordance
with Section 303.05, a written delegation, and a | ||
written supervision agreement required under Section 7.5
of the
| ||
Physician Assistant Practice Act of 1987, or an advanced | ||
practice
nurse with prescriptive authority delegated under | ||
Section 65-40 of the Nurse Practice Act and in accordance with | ||
Section 303.05, a written delegation,
and a written
|
collaborative agreement under Section 65-35 of the Nurse | ||
Practice Act , or an advanced practice nurse certified as a | ||
nurse practitioner, nurse midwife, or clinical nurse | ||
specialist who has been granted authority to prescribe by a | ||
hospital affiliate in accordance with Section 65-45 of the | ||
Nurse Practice Act and in accordance with Section 303.05 .
| ||
(nn) "Prescription" means a written, facsimile, or oral | ||
order, or an electronic order that complies with applicable | ||
federal requirements,
of
a physician licensed to practice | ||
medicine in all its branches,
dentist, podiatric physician or | ||
veterinarian for any controlled
substance, of an optometrist | ||
for a Schedule II, III, IV, or V controlled substance in | ||
accordance with Section 15.1 of the Illinois Optometric | ||
Practice Act of 1987, of a prescribing psychologist licensed | ||
under Section 4.2 of the Clinical Psychologist Licensing Act | ||
with prescriptive authority delegated under Section 4.3 of the | ||
Clinical Psychologist Licensing Act, of a physician assistant | ||
for a
controlled substance
in accordance with Section 303.05, a | ||
written delegation, and a written supervision agreement | ||
required under
Section 7.5 of the
Physician Assistant Practice | ||
Act of 1987, or of an advanced practice
nurse with prescriptive | ||
authority delegated under Section 65-40 of the Nurse Practice | ||
Act who issues a prescription for a
controlled substance in | ||
accordance
with
Section 303.05, a written delegation, and a | ||
written collaborative agreement under Section 65-35 of the | ||
Nurse Practice Act , or of an advanced practice nurse certified |
as a nurse practitioner, nurse midwife, or clinical nurse | ||
specialist who has been granted authority to prescribe by a | ||
hospital affiliate in accordance with Section 65-45 of the | ||
Nurse Practice Act and in accordance with Section 303.05 when | ||
required by law.
| ||
(nn-5) "Prescription Information Library" (PIL) means an | ||
electronic library that contains reported controlled substance | ||
data. | ||
(nn-10) "Prescription Monitoring Program" (PMP) means the | ||
entity that collects, tracks, and stores reported data on | ||
controlled substances and select drugs pursuant to Section 316. | ||
(oo) "Production" or "produce" means manufacture, | ||
planting,
cultivating, growing, or harvesting of a controlled | ||
substance other than methamphetamine.
| ||
(pp) "Registrant" means every person who is required to | ||
register
under Section 302 of this Act.
| ||
(qq) "Registry number" means the number assigned to each | ||
person
authorized to handle controlled substances under the | ||
laws of the United
States and of this State.
| ||
(qq-5) "Secretary" means, as the context requires, either | ||
the Secretary of the Department or the Secretary of the | ||
Department of Financial and Professional Regulation, and the | ||
Secretary's designated agents. | ||
(rr) "State" includes the State of Illinois and any state, | ||
district,
commonwealth, territory, insular possession thereof, | ||
and any area
subject to the legal authority of the United |
States of America.
| ||
(rr-5) "Stimulant" means any drug that (i) causes an | ||
overall excitation of central nervous system functions, (ii) | ||
causes impaired consciousness and awareness, and (iii) can be | ||
habit-forming or lead to a substance abuse problem, including | ||
but not limited to amphetamines and their analogs, | ||
methylphenidate and its analogs, cocaine, and phencyclidine | ||
and its analogs. | ||
(ss) "Ultimate user" means a person who lawfully possesses | ||
a
controlled substance for his or her own use or for the use of | ||
a member of his or her
household or for administering to an | ||
animal owned by him or her or by a member
of his or her | ||
household.
| ||
(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668, | ||
eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; | ||
revised 10-1-14.)
| ||
(720 ILCS 570/303.05)
| ||
Sec. 303.05. Mid-level practitioner registration.
| ||
(a) The Department of Financial and Professional | ||
Regulation shall register licensed
physician assistants, | ||
licensed advanced practice nurses, and prescribing | ||
psychologists licensed under Section 4.2 of the Clinical | ||
Psychologist Licensing Act to prescribe and
dispense | ||
controlled substances under Section 303 and euthanasia
| ||
agencies to purchase, store, or administer animal euthanasia |
drugs under the
following circumstances:
| ||
(1) with respect to physician assistants,
| ||
(A) the physician assistant has been
delegated
| ||
written authority to prescribe any Schedule III | ||
through V controlled substances by a physician | ||
licensed to practice medicine in all its
branches in | ||
accordance with Section 7.5 of the Physician Assistant | ||
Practice Act
of 1987;
and
the physician assistant has
| ||
completed the
appropriate application forms and has | ||
paid the required fees as set by rule;
or
| ||
(B) the physician assistant has been delegated
| ||
authority by a supervising physician licensed to | ||
practice medicine in all its branches to prescribe or | ||
dispense Schedule II controlled substances through a | ||
written delegation of authority and under the | ||
following conditions: | ||
(i) Specific Schedule II controlled substances | ||
by oral dosage or topical or transdermal | ||
application may be delegated, provided that the | ||
delegated Schedule II controlled substances are | ||
routinely prescribed by the supervising physician. | ||
This delegation must identify the specific | ||
Schedule II controlled substances by either brand | ||
name or generic name. Schedule II controlled | ||
substances to be delivered by injection or other | ||
route of administration may not be delegated; |
(ii) any delegation must be of controlled | ||
substances prescribed by the supervising | ||
physician; | ||
(iii) all prescriptions must be limited to no | ||
more than a 30-day supply, with any continuation | ||
authorized only after prior approval of the | ||
supervising physician; | ||
(iv) the physician assistant must discuss the | ||
condition of any patients for whom a controlled | ||
substance is prescribed monthly with the | ||
delegating physician; | ||
(v) the physician assistant must have | ||
completed the appropriate application forms and | ||
paid the required fees as set by rule; | ||
(vi) the physician assistant must provide | ||
evidence of satisfactory completion of 45 contact | ||
hours in pharmacology from any physician assistant | ||
program accredited by the Accreditation Review | ||
Commission on Education for the Physician | ||
Assistant (ARC-PA), or its predecessor agency, for | ||
any new license issued with Schedule II authority | ||
after the effective date of this amendatory Act of | ||
the 97th General Assembly; and | ||
(vii) the physician assistant must annually | ||
complete at least 5 hours of continuing education | ||
in pharmacology; |
(2) with respect to advanced practice nurses, | ||
(A) the advanced practice nurse has been delegated
| ||
authority to prescribe any Schedule III through V | ||
controlled substances by a collaborating physician | ||
licensed to practice medicine in all its branches or a | ||
collaborating podiatric physician in accordance with | ||
Section 65-40 of the Nurse Practice
Act. The advanced | ||
practice nurse has completed the
appropriate | ||
application forms and has paid the required
fees as set | ||
by rule; or | ||
(B) the advanced practice nurse has been delegated
| ||
authority by a collaborating physician licensed to | ||
practice medicine in all its branches or collaborating | ||
podiatric physician to prescribe or dispense Schedule | ||
II controlled substances through a written delegation | ||
of authority and under the following conditions: | ||
(i) specific Schedule II controlled substances | ||
by oral dosage or topical or transdermal | ||
application may be delegated, provided that the | ||
delegated Schedule II controlled substances are | ||
routinely prescribed by the collaborating | ||
physician or podiatric physician. This delegation | ||
must identify the specific Schedule II controlled | ||
substances by either brand name or generic name. | ||
Schedule II controlled substances to be delivered | ||
by injection or other route of administration may |
not be delegated; | ||
(ii) any delegation must be of controlled | ||
substances prescribed by the collaborating | ||
physician or podiatric physician; | ||
(iii) all prescriptions must be limited to no | ||
more than a 30-day supply, with any continuation | ||
authorized only after prior approval of the | ||
collaborating physician or podiatric physician; | ||
(iv) the advanced practice nurse must discuss | ||
the condition of any patients for whom a controlled | ||
substance is prescribed monthly with the | ||
delegating physician or podiatric physician or in | ||
the course of review as required by Section 65-40 | ||
of the Nurse Practice Act; | ||
(v) the advanced practice nurse must have | ||
completed the appropriate application forms and | ||
paid the required fees as set by rule; | ||
(vi) the advanced practice nurse must provide | ||
evidence of satisfactory completion of at least 45 | ||
graduate contact hours in pharmacology for any new | ||
license issued with Schedule II authority after | ||
the effective date of this amendatory Act of the | ||
97th General Assembly; and | ||
(vii) the advanced practice nurse must | ||
annually complete 5 hours of continuing education | ||
in pharmacology; |
(2.5) with respect to advanced practice nurses | ||
certified as nurse practitioners, nurse midwives, or | ||
clinical nurse specialists practicing in a hospital | ||
affiliate, | ||
(A) the advanced practice nurse certified as a | ||
nurse practitioner, nurse midwife, or clinical nurse | ||
specialist has been granted authority to prescribe any | ||
Schedule II through V controlled substances by the | ||
hospital affiliate upon the recommendation of the | ||
appropriate physician committee of the hospital | ||
affiliate in accordance with Section 65-45 of the Nurse | ||
Practice Act, has completed the appropriate | ||
application forms, and has paid the required fees as | ||
set by rule; and | ||
(B) an advanced practice nurse certified as a nurse | ||
practitioner, nurse midwife, or clinical nurse | ||
specialist has been granted authority to prescribe any | ||
Schedule II controlled substances by the hospital | ||
affiliate upon the recommendation of the appropriate | ||
physician committee of the hospital affiliate, then | ||
the following conditions must be met: | ||
(i) specific Schedule II controlled substances | ||
by oral dosage or topical or transdermal | ||
application may be designated, provided that the | ||
designated Schedule II controlled substances are | ||
routinely prescribed by advanced practice nurses |
in their area of certification; this grant of | ||
authority must identify the specific Schedule II | ||
controlled substances by either brand name or | ||
generic name; authority to prescribe or dispense | ||
Schedule II controlled substances to be delivered | ||
by injection or other route of administration may | ||
not be granted; | ||
(ii) any grant of authority must be controlled | ||
substances limited to the practice of the advanced | ||
practice nurse; | ||
(iii) any prescription must be limited to no | ||
more than a 30-day supply; | ||
(iv) the advanced practice nurse must discuss | ||
the condition of any patients for whom a controlled | ||
substance is prescribed monthly with the | ||
appropriate physician committee of the hospital | ||
affiliate or its physician designee; and | ||
(v) the advanced practice nurse must meet the | ||
education requirements of this Section; | ||
(3) with respect to animal euthanasia agencies, the | ||
euthanasia agency has
obtained a license from the | ||
Department of
Financial and Professional Regulation and | ||
obtained a registration number from the
Department; or
| ||
(4) with respect to prescribing psychologists, the | ||
prescribing psychologist has been delegated
authority to | ||
prescribe any nonnarcotic Schedule III through V |
controlled substances by a collaborating physician | ||
licensed to practice medicine in all its branches in | ||
accordance with Section 4.3 of the Clinical Psychologist | ||
Licensing Act, and the prescribing psychologist has | ||
completed the
appropriate application forms and has paid | ||
the required
fees as set by rule. | ||
(b) The mid-level practitioner shall only be licensed to | ||
prescribe those
schedules of controlled substances for which a | ||
licensed physician or licensed podiatric physician has | ||
delegated
prescriptive authority, except that an animal | ||
euthanasia agency does not have any
prescriptive authority.
A | ||
physician assistant and an advanced practice nurse are | ||
prohibited from prescribing medications and controlled | ||
substances not set forth in the required written delegation of | ||
authority.
| ||
(c) Upon completion of all registration requirements, | ||
physician
assistants, advanced practice nurses, and animal | ||
euthanasia agencies may be issued a
mid-level practitioner
| ||
controlled substances license for Illinois.
| ||
(d) A collaborating physician or podiatric physician may, | ||
but is not required to, delegate prescriptive authority to an | ||
advanced practice nurse as part of a written collaborative | ||
agreement, and the delegation of prescriptive authority shall | ||
conform to the requirements of Section 65-40 of the Nurse | ||
Practice Act. | ||
(e) A supervising physician may, but is not required to, |
delegate prescriptive authority to a physician assistant as | ||
part of a written supervision agreement, and the delegation of | ||
prescriptive authority shall conform to the requirements of | ||
Section 7.5 of the Physician Assistant Practice Act of 1987. | ||
(f) Nothing in this Section shall be construed to prohibit | ||
generic substitution. | ||
(Source: P.A. 97-334, eff. 1-1-12; 97-358, eff. 8-12-11; | ||
97-813, eff. 7-13-12; 98-214, eff. 8-9-13; 98-668, eff. | ||
6-25-14.)
| ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law.
|