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Public Act 096-1357
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| SB0851 Enrolled | LRB096 06910 RPM 16996 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 3. The Mental Health and Developmental |
Disabilities Code is amended by changing Section 1-122 as |
follows:
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(405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122) |
Sec. 1-122. Qualified examiner. "Qualified examiner" means |
a person
who is: |
(a) a Clinical
social worker as defined in this Act, |
(b) a registered nurse with
a master's degree in |
psychiatric nursing who has 3 years of clinical
training and |
experience in the evaluation and treatment
of mental illness |
which has been acquired subsequent to any training
and |
experience which constituted a part of the degree program, or |
(c) a
licensed
clinical professional counselor with a |
master's or doctoral degree in
counseling or psychology or a |
similar master's or doctorate program from a
regionally |
accredited institution who has at least 3 years of supervised
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postmaster's clinical professional counseling experience
that |
includes the
provision of mental health services for the |
evaluation, treatment, and
prevention of mental and emotional |
disorders, or . |
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(d) a licensed marriage and family therapist with a |
master's or doctoral degree in marriage and family therapy from |
a regionally accredited educational institution or a similar |
master's program or from a program accredited by either the |
Commission on Accreditation for Marriage and Family Therapy or |
the Commission on Accreditation for Counseling Related |
Educational Programs, who has at least 3 years of supervised |
post-master's experience as a marriage and family therapist |
that includes the provision of mental health services for the |
evaluation, treatment, and prevention of mental and emotional |
disorders. |
A social worker who is a qualified examiner shall be a |
licensed clinical
social worker under the Clinical Social Work |
and Social Work Practice Act. |
(Source: P.A. 91-536, eff. 1-1-00.)
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Section 5. The Smoke Free Illinois Act is amended by |
changing Section 35 as follows:
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(410 ILCS 82/35) |
Sec. 35. Exemptions. Notwithstanding any other provision |
of this Act, smoking is allowed in the following areas: |
(1) Private residences or dwelling places, except when |
used as a child care, adult day care, or healthcare |
facility or any other home-based business open to the |
public. |
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(2) Retail tobacco stores as defined in Section 10 of |
this Act in operation prior to the effective date of this |
amendatory Act of the 95th General Assembly. The retail |
tobacco store shall annually file with the Department by |
January 31st an affidavit stating the percentage of its |
gross income during the prior calendar year that was |
derived from the sale of loose tobacco, plants, or herbs |
and cigars, cigarettes, pipes, or other smoking devices for |
smoking tobacco and related smoking accessories. Any |
retail tobacco store that begins operation after the |
effective date of this amendatory Act may only qualify for |
an exemption if located in a freestanding structure |
occupied solely by the business and smoke from the business |
does not migrate into an enclosed area where smoking is |
prohibited. |
(3) (Blank). Private and semi-private rooms in nursing |
homes and long-term care facilities that are occupied by |
one or more persons, all of whom are smokers and have |
requested in writing to be placed or to remain in a room |
where smoking is permitted and the smoke shall not |
infiltrate other areas of the nursing home. |
(4) Hotel and motel sleeping rooms that are rented to |
guests and are designated as smoking rooms, provided that |
all smoking rooms on the same floor must be contiguous and |
smoke from these rooms must not infiltrate into nonsmoking |
rooms or other areas where smoking is prohibited. Not more |
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than 25% of the rooms rented to guests in a hotel or motel |
may be designated as rooms where smoking is allowed. The |
status of rooms as smoking or nonsmoking may not be |
changed, except to permanently add additional nonsmoking |
rooms. |
(5) Enclosed laboratories that are excluded from the |
definition of "place of employment" in Section 10 of this |
Act. Rulemaking authority to implement this amendatory Act |
of the 95th General Assembly, if any, is conditioned on the |
rules being adopted in accordance with all provisions of |
the Illinois Administrative Procedure Act and all rules and |
procedures of the Joint Committee on Administrative Rules; |
any purported rule not so adopted, for whatever reason, is |
unauthorized. |
(6) Common smoking rooms in long-term care facilities
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operated under the authority of the Illinois Department of
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Veterans' Affairs or licensed under the Nursing Home Care |
Act that are accessible only to residents who
are smokers |
and have requested in writing to have access to
the common |
smoking room where smoking is permitted and the
smoke shall |
not infiltrate other areas of the long-term care facility. |
Rulemaking authority to implement this amendatory Act of |
the 95th General Assembly, if any, is conditioned on the |
rules being adopted in accordance with all provisions of |
the Illinois Administrative Procedure Act and all rules and |
procedures of the Joint Committee on Administrative Rules; |