|
treatment and genetic counseling, and provide advice on |
disorders to be included in newborn screening panel.
|
(5) Advise the Department on educational programs for |
professionals and the general public.
|
(6) Advise the Department on new developments and areas |
of interest in relation to the Genetics Program. |
(7) Any other matter deemed appropriate by the |
Committee and the Director. |
(c) The Committee shall consist of 20 members appointed by |
the Director of Public Health. Membership shall include |
physicians, geneticists, nurses, nutritionists, and other |
allied health professionals, as well as patients and parents. |
Ex-officio members may be appointed, but shall not have voting |
privileges.
|
Section 10. The State Finance Act is amended by changing |
Section 8h as follows:
|
(30 ILCS 105/8h)
|
Sec. 8h. Transfers to General Revenue Fund. |
(a) Except as otherwise provided in this Section and |
Section 8n of this Act, and (c), (d), or (e),
notwithstanding |
any other
State law to the contrary, the Governor
may, through |
June 30, 2007, from time to time direct the State Treasurer and |
Comptroller to transfer
a specified sum from any fund held by |
the State Treasurer to the General
Revenue Fund in order to |
|
help defray the State's operating costs for the
fiscal year. |
The total transfer under this Section from any fund in any
|
fiscal year shall not exceed the lesser of (i) 8% of the |
revenues to be deposited
into the fund during that fiscal year |
or (ii) an amount that leaves a remaining fund balance of 25% |
of the July 1 fund balance of that fiscal year. In fiscal year |
2005 only, prior to calculating the July 1, 2004 final |
balances, the Governor may calculate and direct the State |
Treasurer with the Comptroller to transfer additional amounts |
determined by applying the formula authorized in Public Act |
93-839 to the funds balances on July 1, 2003.
No transfer may |
be made from a fund under this Section that would have the
|
effect of reducing the available balance in the fund to an |
amount less than
the amount remaining unexpended and unreserved |
from the total appropriation
from that fund estimated to be |
expended for that fiscal year. This Section does not apply to |
any
funds that are restricted by federal law to a specific use, |
to any funds in
the Motor Fuel Tax Fund, the Intercity |
Passenger Rail Fund, the Hospital Provider Fund, the Medicaid |
Provider Relief Fund, the Teacher Health Insurance Security |
Fund, the Reviewing Court Alternative Dispute Resolution Fund, |
the Voters' Guide Fund, the Foreign Language Interpreter Fund, |
the Lawyers' Assistance Program Fund, the Supreme Court Federal |
Projects Fund, the Supreme Court Special State Projects Fund, |
the Supplemental Low-Income Energy Assistance Fund, the Good |
Samaritan Energy Trust Fund, the Low-Level Radioactive Waste |
|
Facility Development and Operation Fund, the Horse Racing |
Equity Trust Fund, the Metabolic Screening and Treatment Fund,
|
or the Hospital Basic Services Preservation Fund, or to any
|
funds to which subsection (f) of Section 20-40 of the Nursing |
and Advanced Practice Nursing Act applies. No transfers may be |
made under this Section from the Pet Population Control Fund. |
Notwithstanding any
other provision of this Section, for fiscal |
year 2004,
the total transfer under this Section from the Road |
Fund or the State
Construction Account Fund shall not exceed |
the lesser of (i) 5% of the revenues to be deposited
into the |
fund during that fiscal year or (ii) 25% of the beginning |
balance in the fund.
For fiscal year 2005 through fiscal year |
2007, no amounts may be transferred under this Section from the |
Road Fund, the State Construction Account Fund, the Criminal |
Justice Information Systems Trust Fund, the Wireless Service |
Emergency Fund, or the Mandatory Arbitration Fund.
|
In determining the available balance in a fund, the |
Governor
may include receipts, transfers into the fund, and |
other
resources anticipated to be available in the fund in that |
fiscal year.
|
The State Treasurer and Comptroller shall transfer the |
amounts designated
under this Section as soon as may be |
practicable after receiving the direction
to transfer from the |
Governor.
|
(a-5) Transfers directed to be made under this Section on |
or before February 28, 2006 that are still pending on May 19, |
|
2006 (the effective date of Public Act 94-774)
this amendatory |
Act of the 94th General Assembly shall be redirected as |
provided in Section 8n of this Act.
|
(b) This Section does not apply to: (i) the Ticket For The |
Cure Fund; (ii) any fund established under the Community Senior |
Services and Resources Act; or (iii) on or after January 1, |
2006 (the effective date of Public Act 94-511), the Child Labor |
and Day and Temporary Labor Enforcement Fund. |
(c) This Section does not apply to the Demutualization |
Trust Fund established under the Uniform Disposition of |
Unclaimed Property Act.
|
(d) This Section does not apply to moneys set aside in the |
Illinois State Podiatric Disciplinary Fund for podiatric |
scholarships and residency programs under the Podiatric |
Scholarship and Residency Act. |
(e) Subsection (a) does not apply to, and no transfer may |
be made under this Section from, the Pension Stabilization |
Fund.
|
(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; |
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. |
1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. |
1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, |
eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; |
94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. |
5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, |
|
eff. 6-6-06; revised 6-19-06.)
|
Section 15. The Phenylketonuria Testing Act is amended by |
changing Sections 0.01 and 2 as follows:
|
(410 ILCS 240/0.01) (from Ch. 111 1/2, par. 4902.9)
|
Sec. 0.01. Short title. This Act may be cited as the
|
Newborn Metabolic Screening
Phenylketonuria Testing Act.
|
(Source: P.A. 86-1324.)
|
(410 ILCS 240/2) (from Ch. 111 1/2, par. 4904)
|
Sec. 2. The Department of Public Health shall administer |
the
provisions of this Act and shall:
|
(a) Institute and carry on an intensive educational program |
among
physicians, hospitals, public health nurses and the |
public concerning
the diseases phenylketonuria, |
hypothyroidism, galactosemia and other
metabolic diseases. |
This
educational program shall include information about the |
nature of the
diseases and examinations for the detection of |
the diseases in early
infancy in order that measures may be |
taken to prevent the mental
retardation resulting from the |
diseases.
|
(a-5) Beginning July 1, 2002, provide all newborns
with |
expanded screening tests for the presence of genetic, |
endocrine, or
other metabolic disorders, including |
phenylketonuria, galactosemia,
hypothyroidism, congenital |
|
adrenal hyperplasia, biotinidase deficiency,
and sickling |
disorders, as well as other amino acid disorders, organic
acid |
disorders, fatty acid oxidation disorders, and other |
abnormalities
detectable through the use of a tandem mass |
spectrometer. If by July 1,
2002, the Department is unable to |
provide expanded screening using the
State Laboratory, it shall |
temporarily provide such screening
through an accredited |
laboratory selected by the Department until the
Department has |
the capacity to provide screening through the State
Laboratory. |
If expanded screening is provided on a temporary basis
through |
an accredited laboratory, the Department shall substitute the |
fee
charged by the accredited laboratory, plus a 5% surcharge |
for
documentation and handling, for the fee authorized in |
subsection (e) of
this Section.
|
(a-6) In accordance with the timetable specified in this |
subsection, provide all newborns with expanded screening tests |
for the presence of certain Lysosomal Storage Disorders known |
as Krabbe, Pompe, Gaucher, Fabry, and Niemann-Pick. The testing |
shall begin within 6 months following the occurrence of all of |
the following: |
(i) the registration with the federal Food and Drug |
Administration of the necessary reagents; |
(ii) the availability of the necessary reagents from |
the Centers for Disease Control and Prevention; |
(iii) the availability of quality assurance testing |
methodology for these processes; and |
|
(iv) the acquisition and installment by the Department |
of the equipment necessary to implement the expanded |
screening tests. |
It is the goal of this amendatory Act of the 95th General |
Assembly that the expanded screening for the specified |
Lysosomal Storage Disorders begins within 3 years after the |
effective date of this Act. The Department is authorized to |
implement an additional fee for the screening prior to |
beginning the testing in order to accumulate the resources for |
start-up and other costs associated with implementation of the |
screening and thereafter to support the costs associated with |
screening and follow-up programs for the specified Lysosomal |
Storage Disorders.
|
(b) Maintain a registry of cases including information of |
importance
for the purpose of follow-up services to prevent |
mental retardation.
|
(c) Supply the necessary metabolic treatment formulas
|
product where practicable for
diagnosed cases of amino acid |
metabolism disorders, including phenylketonuria, organic acid |
disorders, and fatty acid oxidation disorders for as long as |
medically indicated, when the product is
not available through |
other State agencies.
|
(d) Arrange for or provide public health nursing, nutrition |
and
social services and clinical consultation as indicated.
|
(e) Require that all specimens collected pursuant to this |
Act or the rules
and regulations promulgated hereunder be |
|
submitted for testing to the nearest
Department of Public |
Health laboratory designated to perform such tests.
The |
Department may develop a reasonable fee structure and may levy |
fees
according to such structure to cover the cost of providing |
this testing
service. Fees collected from the provision of this |
testing service shall
be placed in a special fund in the State |
Treasury, hereafter known as the
Metabolic Screening and |
Treatment Fund. Other State and federal funds for
expenses |
related to metabolic screening, follow-up and treatment |
programs
may also be placed in such Fund. Moneys shall be |
appropriated from such
Fund to the Department of Public Health |
solely for the purposes of providing
metabolic screening, |
follow-up and treatment programs. Nothing in this
Act shall be |
construed to prohibit any licensed medical facility from
|
collecting
additional specimens for testing for metabolic or |
neonatal diseases or any
other diseases or conditions, as it |
deems fit. Any person
violating the provisions of this |
subsection (e) is guilty of a petty offense.
|
(Source: P.A. 92-701, eff. 7-19-02.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|