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1 | | the following criteria:
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2 | | (1) The use of permanent cookies adds value to the |
3 | | user otherwise
not available;
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4 | | (2) The permanent cookies are not used to monitor and |
5 | | track web site
viewing habits unless all types of |
6 | | information collected and the State's
use of that |
7 | | information add user value and are disclosed through a
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8 | | comprehensive online privacy statement.
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9 | | The Internet Privacy Task Force established under Section 15 |
10 | | shall define the
exemption and limitations of this subsection |
11 | | (b) in practice.
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12 | | (Source: P.A. 93-117, eff. 1-1-04 .)
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13 | | (5 ILCS 177/15 rep.) |
14 | | Section 10. The State Agency Web Site Act is amended by |
15 | | repealing Section 15. |
16 | | Section 15. The Department of Commerce and Economic |
17 | | Opportunity Law of the
Civil Administrative Code of Illinois |
18 | | is amended by changing Section 605-300 as follows:
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19 | | (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
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20 | | Sec. 605-300. Economic and business development plans ; |
21 | | Illinois Business Development Council . (a) Economic |
22 | | development plans. The Department shall develop a strategic |
23 | | economic development plan for the State by July 1, 2014. By no |
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1 | | later than July 1, 2015, and by July 1 annually thereafter, the |
2 | | Department shall make modifications to the plan as |
3 | | modifications are warranted by changes in economic conditions |
4 | | or by other factors, including changes in policy. In addition |
5 | | to the annual modification, the plan shall be reviewed and |
6 | | redeveloped in full every 5 years. In the development of the |
7 | | annual economic development plan, the Department shall consult |
8 | | with representatives of the private sector, other State |
9 | | agencies, academic institutions, local economic development |
10 | | organizations, local governments, and not-for-profit |
11 | | organizations. The annual economic development plan shall set |
12 | | specific, measurable, attainable, relevant, and time-sensitive |
13 | | goals and shall include a focus on areas of high unemployment |
14 | | or poverty. |
15 | | The term "economic development" shall be construed broadly |
16 | | by the Department and may include, but is not limited to, job |
17 | | creation, job retention, tax base enhancements, development of |
18 | | human capital, workforce productivity, critical |
19 | | infrastructure, regional competitiveness, social inclusion, |
20 | | standard of living, environmental sustainability, energy |
21 | | independence, quality of life, the effective use of financial |
22 | | incentives, the utilization of public private partnerships |
23 | | where appropriate, and other metrics determined by the |
24 | | Department. |
25 | | The plan shall be based on relevant economic data, focus |
26 | | on economic development as prescribed by this Section, and |
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1 | | emphasize strategies to retain and create jobs. |
2 | | The plan shall identify and develop specific strategies |
3 | | for utilizing the assets of regions within the State defined |
4 | | as counties and municipalities or other political subdivisions |
5 | | in close geographical proximity that share common economic |
6 | | traits such as commuting zones, labor market areas, or other |
7 | | economically integrated characteristics. |
8 | | If the plan includes strategies that have a fiscal impact |
9 | | on the Department or any other agency, the plan shall include a |
10 | | detailed description of the estimated fiscal impact of such |
11 | | strategies. |
12 | | Prior to publishing the plan in its final form, the |
13 | | Department shall allow for a reasonable time for public input. |
14 | | The Department shall transmit copies of the economic |
15 | | development plan to the Governor and the General Assembly no |
16 | | later than July 1, 2014, and by July 1 annually thereafter. The |
17 | | plan and its corresponding modifications shall be published |
18 | | and made available to the public in both paper and electronic |
19 | | media, on the Department's website, and by any other method |
20 | | that the Department deems appropriate. |
21 | | The Department shall annually submit legislation to |
22 | | implement the strategic economic development plan or |
23 | | modifications to the strategic economic development plan to |
24 | | the Governor, the President and Minority Leader of the Senate, |
25 | | and the Speaker and the Minority Leader of the House of |
26 | | Representatives. The legislation shall be in the form of one |
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1 | | or more substantive bills drafted by the Legislative Reference |
2 | | Bureau. |
3 | | (b) Business development plans; Illinois Business |
4 | | Development Council. |
5 | | (1) There is created the Illinois Business Development |
6 | | Council, hereinafter referred to as the Council. The |
7 | | Council shall consist of the Director, who shall serve as |
8 | | co-chairperson, and 12 voting members who shall be |
9 | | appointed by the Governor with the advice and consent of |
10 | | the Senate. |
11 | | (A) The voting members of the Council shall |
12 | | include one representative from each of the following |
13 | | businesses and groups: small business, coal, |
14 | | healthcare, large manufacturing, small or specialized |
15 | | manufacturing, agriculture, high technology or applied |
16 | | science, local economic development entities, private |
17 | | sector organized labor, a local or state business |
18 | | association or chamber of commerce. |
19 | | (B) There shall be 2 at-large voting members who |
20 | | reside within areas of high unemployment within |
21 | | counties or municipalities that have had an annual |
22 | | average unemployment rate of at least 120% of the |
23 | | State's annual average unemployment rate as reported |
24 | | by the Department of Employment Security for the 5 |
25 | | years preceding the date of appointment. |
26 | | (2) All appointments shall be made in a geographically |
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1 | | diverse manner. |
2 | | (3) For the initial appointments to the Council, 6 |
3 | | voting members shall be appointed to serve a 2-year term |
4 | | and 6 voting members shall be appointed to serve a 4-year |
5 | | term. Thereafter, all appointments shall be for terms of 4 |
6 | | years. The initial term of voting members shall commence |
7 | | on the first Wednesday in February 2014. Thereafter, the |
8 | | terms of voting members shall commence on the first |
9 | | Wednesday in February, except in the case of an |
10 | | appointment to fill a vacancy. Vacancies occurring among |
11 | | the members shall be filled in the same manner as the |
12 | | original appointment for the remainder of the unexpired |
13 | | term. For a vacancy occurring when the Senate is not in |
14 | | session, the Governor may make a temporary appointment |
15 | | until the next meeting of the Senate when a person shall be |
16 | | nominated to fill the office, and, upon confirmation by |
17 | | the Senate, he or she shall hold office during the |
18 | | remainder of the term. A vacancy in membership does not |
19 | | impair the ability of a quorum to exercise all rights and |
20 | | perform all duties of the Council. A member is eligible |
21 | | for reappointment. |
22 | | (4) Members shall serve without compensation, but may |
23 | | be reimbursed for necessary expenses incurred in the |
24 | | performance of their duties from funds appropriated for |
25 | | that purpose. |
26 | | (5) In addition, the following shall serve as ex |
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1 | | officio, non-voting members of the Council in order to |
2 | | provide specialized advice and support to the Council: the |
3 | | Secretary of Transportation, or his or her designee; the |
4 | | Director of Employment Security, or his or her designee; |
5 | | the Executive Director of the Illinois Finance Authority, |
6 | | or his or her designee; the Director of Agriculture, or |
7 | | his or her designee; the Director of Revenue, or his or her |
8 | | designee; the Director of Labor, or his or her designee; |
9 | | and the Director of the Environmental Protection Agency, |
10 | | or his or her designee. Ex officio members shall provide |
11 | | staff and technical assistance to the Council when |
12 | | appropriate. |
13 | | (6) In addition to the Director, the voting members |
14 | | shall elect a co-chairperson. |
15 | | (7) The Council shall meet at least twice annually and |
16 | | at such other times as the co-chairpersons or any 5 voting |
17 | | members consider necessary. Seven voting members shall |
18 | | constitute a quorum of the Council. |
19 | | (8) The Department shall provide staff assistance to |
20 | | the Council. |
21 | | (9) The Council shall provide the Department relevant |
22 | | information in a timely manner pursuant to its duties as |
23 | | enumerated in
this Section that can be used by the |
24 | | Department to enhance the State's strategic economic |
25 | | development plan. |
26 | | (10) The Council shall: |
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1 | | (A) Develop an overall strategic business |
2 | | development plan for the State of Illinois and update |
3 | | the plan at least annually; that plan shall include, |
4 | | without limitation, (i) an assessment of the economic |
5 | | development practices of states that border Illinois |
6 | | and (ii) recommendations for best practices with |
7 | | respect to economic development, business incentives, |
8 | | business attraction, and business retention for |
9 | | counties in Illinois that border at least one other |
10 | | state. |
11 | | (B) Develop business marketing plans for the State |
12 | | of Illinois to effectively solicit new company |
13 | | investment and existing business expansion. Insofar as |
14 | | allowed under the Illinois Procurement Code, and |
15 | | subject to appropriations made by the General Assembly |
16 | | for such purposes, the Council may assist the |
17 | | Department in the procurement of outside vendors to |
18 | | carry out such marketing plans. |
19 | | (C) Seek input from local economic development |
20 | | officials to develop specific strategies to |
21 | | effectively link State and local business development |
22 | | and marketing efforts focusing on areas of high |
23 | | unemployment or poverty. |
24 | | (D) Provide the Department with advice on |
25 | | strategic business development
and business marketing |
26 | | for the State of Illinois. |
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1 | | (E) Provide the Department research and recommend |
2 | | best practices for developing investment tools for |
3 | | business attraction and retention.
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4 | | (Source: P.A. 98-397, eff. 8-16-13; 98-756, eff. 7-16-14; |
5 | | 98-888, eff. 8-15-14.)
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6 | | (20 ILCS 605/605-360 rep.) |
7 | | (20 ILCS 605/605-425 rep.) |
8 | | (20 ILCS 605/605-1000 rep.) |
9 | | Section 20. The Department of Commerce and Economic |
10 | | Opportunity Law of the
Civil Administrative Code of Illinois |
11 | | is amended by repealing Sections 605-360, 605-425, and |
12 | | 605-1000. |
13 | | Section 25. The Department of Public Health Powers and |
14 | | Duties Law of the
Civil Administrative Code of Illinois is |
15 | | amended by changing Section 2310-376 as follows:
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16 | | (20 ILCS 2310/2310-376)
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17 | | Sec. 2310-376. Hepatitis education and outreach.
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18 | | (a) The Illinois General Assembly finds and declares the |
19 | | following:
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20 | | (1) The World Health Organization characterizes |
21 | | hepatitis as a disease
of
primary concern to humanity.
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22 | | (2) Hepatitis is considered a silent killer; no |
23 | | recognizable signs or
symptoms occur until severe liver |
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1 | | damage has occurred.
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2 | | (3) Studies indicate that nearly 4 million Americans |
3 | | (1.8 percent of the
population) carry the virus HCV that |
4 | | causes the disease.
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5 | | (4) 30,000 acute new infections occur each year in the |
6 | | United States,
and
only 25 to 30 percent are diagnosed.
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7 | | (5) 8,000 to 10,000 Americans die from the disease |
8 | | each year.
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9 | | (6) 200,000 Illinois residents may be carriers and |
10 | | could develop the
debilitating and potentially deadly |
11 | | liver disease.
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12 | | (7) Inmates of correctional facilities have a higher |
13 | | incidence of
hepatitis
and, upon their release, present a |
14 | | significant health risk to the general
population.
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15 | | (8) Illinois members of the armed services are subject |
16 | | to an increased risk of contracting hepatitis due to their |
17 | | possible receipt of contaminated blood during a |
18 | | transfusion occurring for the treatment of wounds and due |
19 | | to their service in areas of the World where the disease is |
20 | | more prevalent and healthcare is less capable of detecting |
21 | | and treating the disease. Many of these service members |
22 | | are unaware of the danger of hepatitis and their increased |
23 | | risk of contracting the disease.
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24 | | (b) Subject to appropriation, the Department shall conduct |
25 | | an education and
outreach campaign, in
addition to its overall |
26 | | effort to prevent infectious disease in Illinois, in
order to
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1 | | raise awareness about and promote prevention of hepatitis.
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2 | | (c) Subject to appropriation, in addition to the education |
3 | | and outreach campaign provided in subsection (b), the |
4 | | Department shall develop and make available to physicians, |
5 | | other health care providers, members of the armed services, |
6 | | and other persons subject to an increased risk of contracting |
7 | | hepatitis, educational materials, in written and electronic |
8 | | forms, on the diagnosis, treatment, and prevention of the |
9 | | disease. These materials shall include the recommendations of |
10 | | the federal Centers for Disease Control and Prevention and any |
11 | | other persons or entities determined by the Department to have |
12 | | particular expertise on hepatitis, including the American |
13 | | Liver Foundation. These materials shall be written in terms |
14 | | that are understandable by members of the general public.
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15 | | (d) The Department shall establish an Advisory Council on |
16 | | Hepatitis to develop a hepatitis prevention plan. The |
17 | | Department shall specify the membership, members' terms, |
18 | | provisions for removal of members, chairmen, and purpose of |
19 | | the Advisory Council. The Advisory Council shall consist of |
20 | | one representative from each of the following State agencies |
21 | | or offices, appointed by the head of each agency or office:
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22 | | (1) The Department of Public Health.
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23 | | (2) The Department of Public Aid.
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24 | | (3) The Department of Corrections.
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25 | | (4) The Department of Veterans' Affairs.
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26 | | (5) The Department on Aging.
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1 | | (6) The Department of Human Services.
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2 | | (7) The Illinois State Police.
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3 | | (8) The office of the State Fire Marshal.
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4 | | The Director shall appoint representatives of |
5 | | organizations and advocates in the State of Illinois, |
6 | | including, but not limited to, the American Liver Foundation. |
7 | | The Director shall also appoint interested members of the |
8 | | public, including consumers and providers of health services |
9 | | and representatives of local public health agencies, to |
10 | | provide recommendations and information to the members of the |
11 | | Advisory Council. Members of the Advisory Council shall serve |
12 | | on a voluntary, unpaid basis and are not entitled to |
13 | | reimbursement for mileage or other costs they incur in |
14 | | connection with performing their duties.
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15 | | (Source: P.A. 102-538, eff. 8-20-21.)
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16 | | (20 ILCS 2310/2310-76 rep.) |
17 | | (20 ILCS 2310/2310-77 rep.) |
18 | | (20 ILCS 2310/2310-349 rep.) |
19 | | (20 ILCS 2310/2310-560 rep.) |
20 | | Section 30. The Department of Public Health Powers and |
21 | | Duties Law of the
Civil Administrative Code of Illinois is |
22 | | amended by repealing Sections 2310-76, 2310-77, 2310-349, and |
23 | | 2310-560. |
24 | | Section 35. The Comprehensive Healthcare Workforce |
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1 | | Planning Act is amended by changing Sections 5, 10, and 20 as |
2 | | follows: |
3 | | (20 ILCS 2325/5)
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4 | | Sec. 5. Definition Definitions . As used in this Act , : |
5 | | "Council" means the State Healthcare Workforce Council created |
6 | | by this Act. "Department" means the Department of Public |
7 | | Health.
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8 | | (Source: P.A. 97-424, eff. 7-1-12 .) |
9 | | (20 ILCS 2325/10)
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10 | | Sec. 10. Purpose. Implementation of this Act is entirely |
11 | | subject to the availability and appropriation of funds from |
12 | | federal grant money applied for by the Department of Public |
13 | | Health. The State Healthcare Workforce Council is hereby |
14 | | established to provide an ongoing assessment of healthcare |
15 | | workforce trends, training issues, and financing policies, and |
16 | | to recommend appropriate State government and private sector |
17 | | efforts to address identified needs. The work of the Council |
18 | | shall focus on: healthcare workforce supply and distribution; |
19 | | cultural competence and minority participation in health |
20 | | professions education; primary care training and practice; and |
21 | | data evaluation and analysis. The Council shall work in |
22 | | coordination with the State Health Improvement Plan |
23 | | Implementation Coordination Council to ensure alignment with |
24 | | the State Health Improvement Plan.
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1 | | (Source: P.A. 97-424, eff. 7-1-12 .) |
2 | | (20 ILCS 2325/20)
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3 | | Sec. 20. Five-year comprehensive healthcare workforce |
4 | | plan. |
5 | | (a) Every 5 years, the Department , in cooperation with the |
6 | | Council, shall prepare a comprehensive healthcare workforce |
7 | | plan. |
8 | | (b) The comprehensive healthcare workforce plan shall |
9 | | include, but need not be limited to, the following: |
10 | | (1) 25-year projections of the demand and supply of |
11 | | health professionals to meet the needs of healthcare |
12 | | within the State. |
13 | | (2) The identification of all funding sources for |
14 | | which the State has administrative control that are |
15 | | available for health professions training. |
16 | | (3) Recommendations on how to rationalize and |
17 | | coordinate the State-supported programs for health |
18 | | professions training. |
19 | | (4) Recommendations on actions needed to meet the |
20 | | projected demand for health professionals over the 25 |
21 | | years of the plan. |
22 | | (c) Each year in which a comprehensive healthcare |
23 | | workforce plan is not due, the Department , on behalf of the |
24 | | Council, shall prepare a report by July 1 of that year to the |
25 | | Governor and the General Assembly on the progress made toward |
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1 | | achieving the projected goals of the current comprehensive |
2 | | healthcare workforce plan during the previous calendar year. |
3 | | (d) The Department shall provide staffing to the Council.
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4 | | (Source: P.A. 97-424, eff. 7-1-12 .) |
5 | | (20 ILCS 2325/15 rep.) |
6 | | (20 ILCS 2325/25 rep.) |
7 | | Section 37. The Comprehensive Healthcare Workforce |
8 | | Planning Act is amended by repealing Sections 15 and 25. |
9 | | (20 ILCS 2407/Art. 2 rep.) |
10 | | Section 39. The Disabilities Services Act of 2003 is |
11 | | amended by repealing Article 2. |
12 | | Section 40. The Disabilities Services Act of 2003 is |
13 | | amended by changing Section 53 as follows: |
14 | | (20 ILCS 2407/53) |
15 | | Sec. 53. Rebalancing benchmarks. |
16 | | (a) Illinois' long-term care system is in a state of |
17 | | transformation, as evidenced by the creation and subsequent |
18 | | work products of the Disability Services Advisory Committee, |
19 | | Older Adult Services Advisory Committee, Housing Task Force |
20 | | and other executive and legislative branch initiatives. |
21 | | (b) Illinois' Money Follows the Person demonstration |
22 | | approval capitalizes on this progress and commits the State to |
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1 | | transition approximately 3,357 older persons and persons with |
2 | | developmental, physical or psychiatric disabilities from |
3 | | institutional to home and community-based settings, resulting |
4 | | in an increased percentage of long-term care community |
5 | | spending over the next 5 years. |
6 | | (c) The State will endeavor to increase the percentage of |
7 | | community-based long-term care spending over the next 5 years |
8 | | according to the following timeline: |
9 | | Estimated baseline: 28.5% |
10 | | Year 1: 30% |
11 | | Year 2: 31% |
12 | | Year 3: 32% |
13 | | Year 4: 35% |
14 | | Year 5: 37% |
15 | | (d) The Departments will utilize interagency agreements |
16 | | and will seek legislative authority to implement a Money |
17 | | Follows the Person budgetary mechanism to allocate or |
18 | | reallocate funds for the purpose of expanding the |
19 | | availability, quality or stability of home and community-based |
20 | | long-term care services and supports for persons with |
21 | | disabilities. |
22 | | (e) The allocation of public funds for home and |
23 | | community-based long-term care services shall not have the |
24 | | effect of: (i) diminishing or reducing the quality of services |
25 | | available to residents of long-term care facilities; (ii) |
26 | | forcing any residents of long-term care facilities to |
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1 | | involuntarily accept home and community-based long-term care |
2 | | services, or causing any residents of long-term care |
3 | | facilities to be involuntarily transferred or discharged; |
4 | | (iii) causing reductions in long-term care facility |
5 | | reimbursement rates in effect as of July 1, 2008; or (iv) |
6 | | diminishing access to a full array of long-term care options.
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7 | | (Source: P.A. 95-438, eff. 1-1-08.) |
8 | | Section 43. The Nuclear Safety Law of 2004 is amended by |
9 | | changing Section 10 as follows: |
10 | | (20 ILCS 3310/10)
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11 | | Sec. 10. Nuclear and radioactive materials disposal. The |
12 | | Illinois Emergency Management Agency shall formulate a |
13 | | comprehensive plan regarding disposal of nuclear and |
14 | | radioactive materials in this State. The Illinois Emergency |
15 | | Management Agency shall establish minimum standards for |
16 | | disposal sites, shall evaluate and publicize potential effects |
17 | | on the public health and safety, and shall report to the |
18 | | Governor and General Assembly all violations of the adopted |
19 | | standards. In carrying out this function, the Illinois |
20 | | Emergency Management Agency shall work in cooperation with the |
21 | | Radiation Protection Advisory Council.
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22 | | (Source: P.A. 93-1029, eff. 8-25-04.) |
23 | | (20 ILCS 3950/Act rep.) |
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1 | | Section 45. The Governor's Council on Health and Physical |
2 | | Fitness
Act is repealed. |
3 | | (20 ILCS 4024/Act rep.) |
4 | | Section 50. The Interstate Sex Offender Task Force Act is |
5 | | repealed. |
6 | | Section 60. The Eliminate the Digital Divide Law is |
7 | | amended by changing Section 5-30 as follows:
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8 | | (30 ILCS 780/5-30)
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9 | | Sec. 5-30. Community Technology Center Grant Program.
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10 | | (a) Subject to appropriation, the Department shall |
11 | | administer
the Community Technology Center Grant Program under |
12 | | which the
Department shall make grants in accordance with this |
13 | | Article
for planning, establishment, administration, and |
14 | | expansion
of Community Technology Centers and for assisting |
15 | | public hospitals,
libraries, and park districts in eliminating |
16 | | the digital divide. The purposes
of the grants shall include, |
17 | | but
not be limited to, volunteer recruitment and management, |
18 | | training and
instruction, infrastructure, and
related goods |
19 | | and services, including case management, administration, |
20 | | personal information management, and outcome-tracking tools |
21 | | and software for the purposes of reporting to the Department |
22 | | and for enabling participation in digital government and |
23 | | consumer services programs, for Community Technology Centers |
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1 | | and public
hospitals, libraries, and park districts.
No |
2 | | Community Technology Center may receive a grant of more than |
3 | | $75,000 under
this Section in a particular fiscal year.
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4 | | (b) Public hospitals, libraries, park districts, and State |
5 | | educational
agencies, local educational
agencies, institutions |
6 | | of higher education, senior citizen homes, and other public |
7 | | and
private nonprofit or for-profit agencies and organizations |
8 | | are eligible
to receive grants under this Program, provided |
9 | | that a local educational
agency or public or private |
10 | | educational
agency or organization must, in order to be |
11 | | eligible to receive grants under
this Program, provide |
12 | | computer access and educational services using
information |
13 | | technology to the public at one or more of its educational
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14 | | buildings or facilities at least 12 hours each week. A group of |
15 | | eligible
entities is
also eligible to receive a grant if the |
16 | | group follows the procedures
for group applications in 34 CFR |
17 | | 75.127-129 of the Education Department General
Administrative |
18 | | Regulations.
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19 | | To be eligible to apply for a grant, a Community
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20 | | Technology Center must serve a
community in which not less |
21 | | than 40%
of the
students are eligible for a free or reduced |
22 | | price lunch under the national
school lunch program or in |
23 | | which not less than 30% of the students
are eligible
for a free |
24 | | lunch under the national school lunch program; however, if |
25 | | funding
is insufficient to approve all grant applications for |
26 | | a particular fiscal year,
the Department may impose a higher |
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1 | | minimum percentage threshold for that fiscal
year. |
2 | | Determinations of communities and determinations of the |
3 | | percentage of
students in a community who are eligible for a |
4 | | free or reduced price lunch
under the national school lunch |
5 | | program shall be in accordance with rules
adopted by the |
6 | | Department.
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7 | | Any entities that have received a Community
Technology |
8 | | Center grant under the federal Community Technology Centers |
9 | | Program
are also eligible to apply for grants under this |
10 | | Program.
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11 | | The Department shall
provide assistance to Community |
12 | | Technology Centers in making those
determinations for purposes |
13 | | of applying for grants.
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14 | | The Department shall encourage Community Technology |
15 | | Centers to participate in public and private computer hardware |
16 | | equipment recycling initiatives that provide computers at |
17 | | reduced or no cost to low-income families, including programs |
18 | | authorized by the State Property Control Act. On an annual |
19 | | basis, the Department must provide the Director of Central |
20 | | Management Services with a list of Community Technology |
21 | | Centers that have applied to the Department for funding as |
22 | | potential recipients of surplus State-owned computer hardware |
23 | | equipment under programs authorized by the State Property |
24 | | Control Act.
|
25 | | (c) Grant applications shall be submitted to the |
26 | | Department on a schedule of one or more deadlines established |
|
| | SB3822 | - 21 - | LRB102 22344 RLC 31481 b |
|
|
1 | | by the Department by rule.
|
2 | | (d) The Department shall adopt rules setting forth the |
3 | | required form
and contents of grant applications.
|
4 | | (e) There is created
the Digital Divide Elimination |
5 | | Advisory Committee. The advisory committee
shall consist of 7
|
6 | | members appointed one each by the Governor, the President of
|
7 | | the Senate, the Senate Minority Leader, the Speaker of the |
8 | | House, and the House
Minority Leader, and 2 appointed by the |
9 | | Director of Commerce and Economic Opportunity, one of whom |
10 | | shall be a representative of the telecommunications industry |
11 | | and one of whom shall represent community technology centers. |
12 | | The members of the advisory committee shall receive no
|
13 | | compensation for their services as members of the advisory |
14 | | committee but may be
reimbursed for their actual expenses |
15 | | incurred in serving on the advisory
committee. The Digital |
16 | | Divide Elimination Advisory Committee shall advise the
|
17 | | Department in establishing criteria and priorities for |
18 | | identifying recipients
of
grants under this Act. The advisory |
19 | | committee shall obtain advice from the
technology industry |
20 | | regarding current technological standards. The advisory
|
21 | | committee shall seek any available federal funding.
|
22 | | (f) There is created the Digital Divide Elimination |
23 | | Working Group. The Working Group shall consist of the Director |
24 | | of Commerce and Economic Opportunity, or his or her designee, |
25 | | the Director of Central Management Services, or his or her |
26 | | designee, and the Executive Director of the Illinois Commerce |
|
| | SB3822 | - 22 - | LRB102 22344 RLC 31481 b |
|
|
1 | | Commission, or his or her designee. The Director of Commerce |
2 | | and Economic Opportunity, or his or her designee, shall serve |
3 | | as chair of the Working Group. The Working Group shall consult |
4 | | with the members of the Digital Divide Elimination Advisory |
5 | | Committee and may consult with various groups including, but |
6 | | not limited to, telecommunications providers, |
7 | | telecommunications-related technology producers and service |
8 | | providers, community technology providers, community and |
9 | | consumer organizations, businesses and business organizations, |
10 | | and federal government agencies.
|
11 | | (g) Duties of the Digital Divide Elimination Working Group |
12 | | include all of the following: |
13 | | (1) Undertaking a thorough review of grant programs |
14 | | available through the federal government, local agencies, |
15 | | telecommunications providers, and business and charitable |
16 | | entities for the purpose of identifying appropriate |
17 | | sources of revenues for the Digital Divide Elimination |
18 | | Fund and attempting to update available grants on a |
19 | | regular basis. |
20 | | (2) Researching and cataloging programs designed to |
21 | | advance digital literacy and computer access that are |
22 | | available through the federal government, local agencies, |
23 | | telecommunications providers, and business and charitable |
24 | | entities and attempting to update available programs on a |
25 | | regular basis. |
26 | | (3) Presenting the information compiled from items (1) |
|
| | SB3822 | - 23 - | LRB102 22344 RLC 31481 b |
|
|
1 | | and (2) to the Department of Commerce and Economic |
2 | | Opportunity, which shall serve as a single point of |
3 | | contact for applying for funding for the Digital Divide |
4 | | Elimination Fund and for distributing information to the |
5 | | public regarding all programs designed to advance digital |
6 | | literacy and computer access.
|
7 | | (Source: P.A. 94-734, eff. 4-28-06; 95-740, eff. 1-1-09.)
|
8 | | (210 ILCS 25/Art. V rep.) |
9 | | Section 65. The Illinois Clinical Laboratory and Blood |
10 | | Bank Act is amended by repealing Article V. |
11 | | Section 70. The Hospital Report Card Act is amended by |
12 | | changing Section 25 as follows:
|
13 | | (210 ILCS 86/25)
|
14 | | (Text of Section before amendment by P.A. 102-256 )
|
15 | | Sec. 25. Hospital reports.
|
16 | | (a) Individual hospitals shall prepare a quarterly report |
17 | | including all of
the
following:
|
18 | | (1) Nursing hours per patient day, average daily |
19 | | census, and average daily
hours worked
for each clinical |
20 | | service area.
|
21 | | (2) Infection-related measures for the facility for |
22 | | the specific clinical
procedures
and devices determined by |
23 | | the Department by rule under 2 or more of the following |
|
| | SB3822 | - 24 - | LRB102 22344 RLC 31481 b |
|
|
1 | | categories:
|
2 | | (A) Surgical procedure outcome measures. |
3 | | (B) Surgical procedure infection control process |
4 | | measures.
|
5 | | (C)
Outcome or process measures related to |
6 | | ventilator-associated pneumonia.
|
7 | | (D) Central vascular catheter-related bloodstream |
8 | | infection rates in designated critical care units.
|
9 | | (3) Information required under paragraph (4) of |
10 | | Section 2310-312 of the Department of Public Health Powers |
11 | | and Duties Law of the
Civil Administrative Code of |
12 | | Illinois.
|
13 | | (4) Additional infection measures mandated by the |
14 | | Centers for Medicare and Medicaid Services that are |
15 | | reported by hospitals to the Centers for Disease Control |
16 | | and Prevention's National Healthcare Safety Network |
17 | | surveillance system, or its successor, and deemed relevant |
18 | | to patient safety by the Department. |
19 | | (5) Each instance of preterm birth and infant |
20 | | mortality within the reporting period, including the |
21 | | racial and ethnic information of the mothers of those |
22 | | infants. |
23 | | (6) Each instance of maternal mortality within the |
24 | | reporting period, including the racial and ethnic |
25 | | information of those mothers. |
26 | | The infection-related measures developed by the Department |
|
| | SB3822 | - 25 - | LRB102 22344 RLC 31481 b |
|
|
1 | | shall be based upon measures and methods developed by the |
2 | | Centers for Disease Control and Prevention, the Centers for |
3 | | Medicare and Medicaid Services, the Agency for Healthcare |
4 | | Research and Quality, the Joint Commission on Accreditation of |
5 | | Healthcare Organizations, or the National Quality Forum. The |
6 | | Department may align the infection-related measures with the |
7 | | measures and methods developed by the Centers for Disease |
8 | | Control and Prevention, the Centers for Medicare and Medicaid |
9 | | Services, the Agency for Healthcare Research and Quality, the |
10 | | Joint Commission on Accreditation of Healthcare Organizations, |
11 | | and the National Quality Forum by adding reporting measures |
12 | | based on national health care strategies and measures deemed |
13 | | scientifically reliable and valid for public reporting. The |
14 | | Department shall receive approval from the State Board of |
15 | | Health to retire measures deemed no longer scientifically |
16 | | valid or valuable for informing quality improvement or |
17 | | infection prevention efforts. The Department shall notify the |
18 | | Chairs and Minority Spokespersons of the House Human Services |
19 | | Committee and the Senate Public Health Committee of its intent |
20 | | to have the State Board of Health take action to retire |
21 | | measures no later than 7 business days before the meeting of |
22 | | the State Board of Health. |
23 | | The Department shall include interpretive guidelines for |
24 | | infection-related indicators and, when available, shall |
25 | | include relevant benchmark information published by national |
26 | | organizations.
|
|
| | SB3822 | - 26 - | LRB102 22344 RLC 31481 b |
|
|
1 | | The Department shall collect the information reported |
2 | | under paragraphs (5) and (6) and shall use it to illustrate the |
3 | | disparity of those occurrences across different racial and |
4 | | ethnic groups. |
5 | | (b) Individual hospitals shall prepare annual reports |
6 | | including vacancy and
turnover rates
for licensed nurses per |
7 | | clinical service area.
|
8 | | (c) None of the information the Department discloses to |
9 | | the public may be
made
available
in any form or fashion unless |
10 | | the information has been reviewed, adjusted, and
validated
|
11 | | according to the following process:
|
12 | | (1) The Department shall organize an advisory |
13 | | committee, including
representatives
from the Department, |
14 | | public and private hospitals, direct care nursing staff,
|
15 | | physicians,
academic researchers, consumers, health |
16 | | insurance companies, organized labor,
and
organizations |
17 | | representing hospitals and physicians. The advisory |
18 | | committee
must be
meaningfully involved in the development |
19 | | of all aspects of the Department's
methodology
for |
20 | | collecting, analyzing, and disclosing the information |
21 | | collected under this
Act, including
collection methods, |
22 | | formatting, and methods and means for release and
|
23 | | dissemination.
|
24 | | (2) The entire methodology for collecting and |
25 | | analyzing the data shall be
disclosed
to all
relevant |
26 | | organizations and to all hospitals that are the subject of |
|
| | SB3822 | - 27 - | LRB102 22344 RLC 31481 b |
|
|
1 | | any
information to be made
available to the public before |
2 | | any public disclosure of such information.
|
3 | | (3) Data collection and analytical methodologies shall |
4 | | be used that meet
accepted
standards of validity and |
5 | | reliability before any information is made available
to |
6 | | the public.
|
7 | | (4) The limitations of the data sources and analytic |
8 | | methodologies used to
develop
comparative hospital |
9 | | information shall be clearly identified and acknowledged,
|
10 | | including but not
limited to the appropriate and |
11 | | inappropriate uses of the data.
|
12 | | (5) To the greatest extent possible, comparative |
13 | | hospital information
initiatives shall
use standard-based |
14 | | norms derived from widely accepted provider-developed
|
15 | | practice
guidelines.
|
16 | | (6) Comparative hospital information and other |
17 | | information that the
Department
has
compiled regarding |
18 | | hospitals shall be shared with the hospitals under review
|
19 | | prior to
public
dissemination of such information and |
20 | | these hospitals have 30 days to make
corrections and
to |
21 | | add helpful explanatory comments about the information |
22 | | before the
publication.
|
23 | | (7) Comparisons among hospitals shall adjust for |
24 | | patient case mix and
other
relevant
risk factors and |
25 | | control for provider peer groups, when appropriate.
|
26 | | (8) Effective safeguards to protect against the |
|
| | SB3822 | - 28 - | LRB102 22344 RLC 31481 b |
|
|
1 | | unauthorized use or
disclosure
of
hospital information |
2 | | shall be developed and implemented.
|
3 | | (9) Effective safeguards to protect against the |
4 | | dissemination of
inconsistent,
incomplete, invalid, |
5 | | inaccurate, or subjective hospital data shall be developed
|
6 | | and
implemented.
|
7 | | (10) The quality and accuracy of hospital information |
8 | | reported under this
Act
and its
data collection, analysis, |
9 | | and dissemination methodologies shall be evaluated
|
10 | | regularly.
|
11 | | (11) Only the most basic identifying information from |
12 | | mandatory reports
shall be
used, and
information |
13 | | identifying a patient, employee, or licensed professional
|
14 | | shall not be released.
None of the information the |
15 | | Department discloses to the public under this Act
may be |
16 | | used to
establish a standard of care in a private civil |
17 | | action.
|
18 | | (d) Quarterly reports shall be submitted, in a format set |
19 | | forth in rules
adopted
by the
Department, to the Department by |
20 | | April 30, July 31, October 31, and January 31
each year
for the |
21 | | previous quarter. Data in quarterly reports must cover a |
22 | | period ending
not earlier than
one month prior to submission |
23 | | of the report. Annual reports shall be submitted
by December
|
24 | | 31 in a format set forth in rules adopted by the Department to |
25 | | the Department.
All reports
shall be made available to the |
26 | | public on-site and through the Department.
|
|
| | SB3822 | - 29 - | LRB102 22344 RLC 31481 b |
|
|
1 | | (e) If the hospital is a division or subsidiary of another |
2 | | entity that owns
or
operates other
hospitals or related |
3 | | organizations, the annual public disclosure report shall
be |
4 | | for the specific
division or subsidiary and not for the other |
5 | | entity.
|
6 | | (f) The Department shall disclose information under this |
7 | | Section in
accordance with provisions for inspection and |
8 | | copying of public records
required by the Freedom of
|
9 | | Information Act provided that such information satisfies the |
10 | | provisions of
subsection (c) of this Section.
|
11 | | (g) Notwithstanding any other provision of law, under no |
12 | | circumstances shall
the
Department disclose information |
13 | | obtained from a hospital that is confidential
under Part 21
of |
14 | | Article VIII of the Code of Civil Procedure.
|
15 | | (h) No hospital report or Department disclosure may |
16 | | contain information
identifying a patient, employee, or |
17 | | licensed professional.
|
18 | | (Source: P.A. 101-446, eff. 8-23-19.)
|
19 | | (Text of Section after amendment by P.A. 102-256 )
|
20 | | Sec. 25. Hospital reports.
|
21 | | (a) Individual hospitals shall prepare a quarterly report |
22 | | including all of
the
following:
|
23 | | (1) Nursing hours per patient day, average daily |
24 | | census, and average daily
hours worked
for each clinical |
25 | | service area.
|
|
| | SB3822 | - 30 - | LRB102 22344 RLC 31481 b |
|
|
1 | | (2) Infection-related measures for the facility for |
2 | | the specific clinical
procedures
and devices determined by |
3 | | the Department by rule under 2 or more of the following |
4 | | categories:
|
5 | | (A) Surgical procedure outcome measures. |
6 | | (B) Surgical procedure infection control process |
7 | | measures.
|
8 | | (C)
Outcome or process measures related to |
9 | | ventilator-associated pneumonia.
|
10 | | (D) Central vascular catheter-related bloodstream |
11 | | infection rates in designated critical care units.
|
12 | | (3) Information required under paragraph (4) of |
13 | | Section 2310-312 of the Department of Public Health Powers |
14 | | and Duties Law of the
Civil Administrative Code of |
15 | | Illinois.
|
16 | | (4) Additional infection measures mandated by the |
17 | | Centers for Medicare and Medicaid Services that are |
18 | | reported by hospitals to the Centers for Disease Control |
19 | | and Prevention's National Healthcare Safety Network |
20 | | surveillance system, or its successor, and deemed relevant |
21 | | to patient safety by the Department. |
22 | | (5) Each instance of preterm birth and infant |
23 | | mortality within the reporting period, including the |
24 | | racial and ethnic information of the mothers of those |
25 | | infants. |
26 | | (6) Each instance of maternal mortality within the |
|
| | SB3822 | - 31 - | LRB102 22344 RLC 31481 b |
|
|
1 | | reporting period, including the racial and ethnic |
2 | | information of those mothers. |
3 | | (7) The number of female patients who have died within |
4 | | the reporting period. |
5 | | (8) The number of female patients admitted to the |
6 | | hospital with a diagnosis of COVID-19 and at least one |
7 | | known underlying condition identified by the United States |
8 | | Centers for Disease Control and Prevention as a condition |
9 | | that increases the risk of mortality from COVID-19 who |
10 | | subsequently died at the hospital within the reporting |
11 | | period. |
12 | | The infection-related measures developed by the Department |
13 | | shall be based upon measures and methods developed by the |
14 | | Centers for Disease Control and Prevention, the Centers for |
15 | | Medicare and Medicaid Services, the Agency for Healthcare |
16 | | Research and Quality, the Joint Commission on Accreditation of |
17 | | Healthcare Organizations, or the National Quality Forum. The |
18 | | Department may align the infection-related measures with the |
19 | | measures and methods developed by the Centers for Disease |
20 | | Control and Prevention, the Centers for Medicare and Medicaid |
21 | | Services, the Agency for Healthcare Research and Quality, the |
22 | | Joint Commission on Accreditation of Healthcare Organizations, |
23 | | and the National Quality Forum by adding reporting measures |
24 | | based on national health care strategies and measures deemed |
25 | | scientifically reliable and valid for public reporting. The |
26 | | Department shall receive approval from the State Board of |
|
| | SB3822 | - 32 - | LRB102 22344 RLC 31481 b |
|
|
1 | | Health to retire measures deemed no longer scientifically |
2 | | valid or valuable for informing quality improvement or |
3 | | infection prevention efforts. The Department shall notify the |
4 | | Chairs and Minority Spokespersons of the House Human Services |
5 | | Committee and the Senate Public Health Committee of its intent |
6 | | to have the State Board of Health take action to retire |
7 | | measures no later than 7 business days before the meeting of |
8 | | the State Board of Health. |
9 | | The Department shall include interpretive guidelines for |
10 | | infection-related indicators and, when available, shall |
11 | | include relevant benchmark information published by national |
12 | | organizations.
|
13 | | The Department shall collect the information reported |
14 | | under paragraphs (5) and (6) and shall use it to illustrate the |
15 | | disparity of those occurrences across different racial and |
16 | | ethnic groups. |
17 | | (b) Individual hospitals shall prepare annual reports |
18 | | including vacancy and
turnover rates
for licensed nurses per |
19 | | clinical service area.
|
20 | | (c) None of the information the Department discloses to |
21 | | the public may be
made
available
in any form or fashion unless |
22 | | the information has been reviewed, adjusted, and
validated
|
23 | | according to the following process:
|
24 | | (1) (Blank). The Department shall organize an advisory |
25 | | committee, including
representatives
from the Department, |
26 | | public and private hospitals, direct care nursing staff,
|
|
| | SB3822 | - 33 - | LRB102 22344 RLC 31481 b |
|
|
1 | | physicians,
academic researchers, consumers, health |
2 | | insurance companies, organized labor,
and
organizations |
3 | | representing hospitals and physicians. The advisory |
4 | | committee
must be
meaningfully involved in the development |
5 | | of all aspects of the Department's
methodology
for |
6 | | collecting, analyzing, and disclosing the information |
7 | | collected under this
Act, including
collection methods, |
8 | | formatting, and methods and means for release and
|
9 | | dissemination.
|
10 | | (2) The entire methodology for collecting and |
11 | | analyzing the data shall be
disclosed
to all
relevant |
12 | | organizations and to all hospitals that are the subject of |
13 | | any
information to be made
available to the public before |
14 | | any public disclosure of such information.
|
15 | | (3) Data collection and analytical methodologies shall |
16 | | be used that meet
accepted
standards of validity and |
17 | | reliability before any information is made available
to |
18 | | the public.
|
19 | | (4) The limitations of the data sources and analytic |
20 | | methodologies used to
develop
comparative hospital |
21 | | information shall be clearly identified and acknowledged,
|
22 | | including but not
limited to the appropriate and |
23 | | inappropriate uses of the data.
|
24 | | (5) To the greatest extent possible, comparative |
25 | | hospital information
initiatives shall
use standard-based |
26 | | norms derived from widely accepted provider-developed
|
|
| | SB3822 | - 34 - | LRB102 22344 RLC 31481 b |
|
|
1 | | practice
guidelines.
|
2 | | (6) Comparative hospital information and other |
3 | | information that the
Department
has
compiled regarding |
4 | | hospitals shall be shared with the hospitals under review
|
5 | | prior to
public
dissemination of such information and |
6 | | these hospitals have 30 days to make
corrections and
to |
7 | | add helpful explanatory comments about the information |
8 | | before the
publication.
|
9 | | (7) Comparisons among hospitals shall adjust for |
10 | | patient case mix and
other
relevant
risk factors and |
11 | | control for provider peer groups, when appropriate.
|
12 | | (8) Effective safeguards to protect against the |
13 | | unauthorized use or
disclosure
of
hospital information |
14 | | shall be developed and implemented.
|
15 | | (9) Effective safeguards to protect against the |
16 | | dissemination of
inconsistent,
incomplete, invalid, |
17 | | inaccurate, or subjective hospital data shall be developed
|
18 | | and
implemented.
|
19 | | (10) The quality and accuracy of hospital information |
20 | | reported under this
Act
and its
data collection, analysis, |
21 | | and dissemination methodologies shall be evaluated
|
22 | | regularly.
|
23 | | (11) Only the most basic identifying information from |
24 | | mandatory reports
shall be
used, and
information |
25 | | identifying a patient, employee, or licensed professional
|
26 | | shall not be released.
None of the information the |
|
| | SB3822 | - 35 - | LRB102 22344 RLC 31481 b |
|
|
1 | | Department discloses to the public under this Act
may be |
2 | | used to
establish a standard of care in a private civil |
3 | | action.
|
4 | | (d) Quarterly reports shall be submitted, in a format set |
5 | | forth in rules
adopted
by the
Department, to the Department by |
6 | | April 30, July 31, October 31, and January 31
each year
for the |
7 | | previous quarter. Data in quarterly reports must cover a |
8 | | period ending
not earlier than
one month prior to submission |
9 | | of the report. Annual reports shall be submitted
by December
|
10 | | 31 in a format set forth in rules adopted by the Department to |
11 | | the Department.
All reports
shall be made available to the |
12 | | public on-site and through the Department.
|
13 | | (e) If the hospital is a division or subsidiary of another |
14 | | entity that owns
or
operates other
hospitals or related |
15 | | organizations, the annual public disclosure report shall
be |
16 | | for the specific
division or subsidiary and not for the other |
17 | | entity.
|
18 | | (f) The Department shall disclose information under this |
19 | | Section in
accordance with provisions for inspection and |
20 | | copying of public records
required by the Freedom of
|
21 | | Information Act provided that such information satisfies the |
22 | | provisions of
subsection (c) of this Section.
|
23 | | (g) Notwithstanding any other provision of law, under no |
24 | | circumstances shall
the
Department disclose information |
25 | | obtained from a hospital that is confidential
under Part 21
of |
26 | | Article VIII of the Code of Civil Procedure.
|
|
| | SB3822 | - 36 - | LRB102 22344 RLC 31481 b |
|
|
1 | | (h) No hospital report or Department disclosure may |
2 | | contain information
identifying a patient, employee, or |
3 | | licensed professional.
|
4 | | (Source: P.A. 101-446, eff. 8-23-19; 102-256, eff. 1-1-22.)
|
5 | | (210 ILCS 110/13A rep.) |
6 | | Section 75. The Illinois Migrant Labor Camp Law is amended |
7 | | by repealing Section 13A. |
8 | | Section 80. The Illinois Athletic Trainers Practice Act is |
9 | | amended by changing Sections 3, 5, 19, 19.5, 21, and 24 as |
10 | | follows:
|
11 | | (225 ILCS 5/3) (from Ch. 111, par. 7603)
|
12 | | (Section scheduled to be repealed on January 1, 2026)
|
13 | | Sec. 3. Definitions. As used in this Act:
|
14 | | (1) "Department" means the Department of Financial and |
15 | | Professional Regulation.
|
16 | | (2) "Secretary" means the Secretary of Financial and |
17 | | Professional Regulation.
|
18 | | (3) (Blank). "Board" means the Illinois Board of Athletic |
19 | | Trainers appointed by the Secretary.
|
20 | | (4) "Licensed
athletic trainer" means a person licensed to
|
21 | | practice athletic training as defined in this Act and with the |
22 | | specific
qualifications set forth in Section 9 of this Act |
23 | | who, upon
the
direction of his or her team physician or |
|
| | SB3822 | - 37 - | LRB102 22344 RLC 31481 b |
|
|
1 | | consulting
physician,
carries out the practice of |
2 | | prevention/emergency care or
physical
reconditioning of |
3 | | injuries incurred by athletes participating in
an athletic |
4 | | program conducted by an educational institution,
professional |
5 | | athletic organization, or sanctioned amateur athletic
|
6 | | organization employing the athletic trainer; or a person who, |
7 | | under the
direction of a physician, carries out comparable |
8 | | functions for a health
organization-based extramural program |
9 | | of athletic training services for
athletes. Specific duties of |
10 | | the athletic trainer include but are not limited
to:
|
11 | | A. Supervision of the selection, fitting, and |
12 | | maintenance of
protective
equipment;
|
13 | | B. Provision of assistance to the coaching staff in |
14 | | the development and
implementation of conditioning |
15 | | programs;
|
16 | | C. Counseling of athletes on nutrition and hygiene;
|
17 | | D. Supervision of athletic training facility and |
18 | | inspection of playing
facilities;
|
19 | | E. Selection and maintenance of athletic training |
20 | | equipment and supplies;
|
21 | | F. Instruction and supervision of student trainer |
22 | | staff;
|
23 | | G. Coordination with a team physician to provide:
|
24 | | (i) pre-competition physical exam and health |
25 | | history updates,
|
26 | | (ii) game coverage or phone access to a physician |
|
| | SB3822 | - 38 - | LRB102 22344 RLC 31481 b |
|
|
1 | | or
paramedic,
|
2 | | (iii) follow-up injury care,
|
3 | | (iv) reconditioning programs, and
|
4 | | (v) assistance on all matters pertaining to the |
5 | | health and
well-being of athletes.
|
6 | | H. Provision of on-site injury care and evaluation as |
7 | | well as
appropriate transportation, follow-up treatment |
8 | | and rehabilitation as
necessary for all injuries sustained |
9 | | by athletes in the program;
|
10 | | I. With a physician, determination of when an athlete |
11 | | may safely
return to
full participation post-injury; and
|
12 | | J. Maintenance of complete and accurate records of all |
13 | | athletic injuries
and treatments rendered.
|
14 | | To carry out these functions the athletic trainer is |
15 | | authorized to
utilize modalities, including, but not limited |
16 | | to, heat, light, sound, cold, electricity, exercise,
or |
17 | | mechanical devices related to
care and reconditioning.
|
18 | | (5) "Referral" means the guidance and direction
given by |
19 | | the physician, who shall maintain supervision of the athlete.
|
20 | | (6) "Athletic trainer aide" means a person who has |
21 | | received on-the-job training specific to the facility in which |
22 | | he or she is employed, on either a paid or volunteer basis, but |
23 | | is not enrolled in an accredited athletic training curriculum.
|
24 | | (7) "Address of record" means the designated address |
25 | | recorded by the Department in the applicant's or licensee's |
26 | | application file or license file as maintained by the |
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1 | | Department's licensure maintenance unit. It is the duty of the |
2 | | applicant or licensee to inform the Department of any change |
3 | | of address, and those changes must be made either through the |
4 | | Department's website or by contacting the Department. |
5 | | (8) "Board of Certification" means the Board of |
6 | | Certification for the Athletic Trainer. |
7 | | (Source: P.A. 99-469, eff. 8-26-15.)
|
8 | | (225 ILCS 5/5) (from Ch. 111, par. 7605)
|
9 | | (Section scheduled to be repealed on January 1, 2026)
|
10 | | Sec. 5. Administration of Act; rules and forms. |
11 | | (a) The Department shall exercise the powers and duties |
12 | | prescribed by the
Civil
Administrative Code of Illinois for |
13 | | the administration of
Licensure Acts
and shall exercise such |
14 | | other powers and duties necessary for effectuating
the |
15 | | purposes of this Act.
|
16 | | (b) The Secretary may promulgate rules consistent with the |
17 | | provisions of
this Act for the administration and enforcement |
18 | | thereof, and for the
payment of fees connected therewith, and |
19 | | may prescribe forms which shall
be issued in connection |
20 | | therewith. The rules may include standards and
criteria for
|
21 | | licensure, certification, and professional conduct and |
22 | | discipline. The
Department may consult with the
Board in |
23 | | promulgating rules.
|
24 | | (c) The Department may at any time seek the advice and the |
25 | | expert
knowledge of the Board on any matter relating to the |
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| | SB3822 | - 40 - | LRB102 22344 RLC 31481 b |
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1 | | administration of this
Act.
|
2 | | (d) (Blank).
|
3 | | (Source: P.A. 99-469, eff. 8-26-15.)
|
4 | | (225 ILCS 5/19) (from Ch. 111, par. 7619)
|
5 | | (Section scheduled to be repealed on January 1, 2026)
|
6 | | Sec. 19. Record of proceedings. The Department, at its |
7 | | expense,
shall preserve a record of all proceedings at the |
8 | | formal hearing of any
case.
The notice of hearing, complaint |
9 | | and all other documents in the nature of
pleadings and
written |
10 | | motions filed in the proceedings, the transcript of testimony, |
11 | | the
report of the Board and order of the Department shall be |
12 | | the record of such
proceeding. Any licensee who is found to |
13 | | have violated this Act or who fails to appear for a hearing to |
14 | | refuse to issue, restore, or renew a license or to discipline a |
15 | | licensee may be required by the Department to pay for the costs |
16 | | of the proceeding. These costs are limited to costs for court |
17 | | reporters, transcripts, and witness attendance and mileage |
18 | | fees. All costs imposed under this Section shall be paid |
19 | | within 60 days after the effective date of the order imposing |
20 | | the fine or in accordance with the terms set forth in the order |
21 | | imposing the fine.
|
22 | | (Source: P.A. 99-469, eff. 8-26-15.)
|
23 | | (225 ILCS 5/19.5) |
24 | | (Section scheduled to be repealed on January 1, 2026) |
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1 | | Sec. 19.5. Subpoenas; oaths. The Department may subpoena |
2 | | and bring before it any person and may take the oral or written |
3 | | testimony of any person or compel the production of any books, |
4 | | papers, records, or any other documents that the Secretary or |
5 | | his or her designee deems relevant or material to an |
6 | | investigation or hearing conducted by the Department with the |
7 | | same fees and mileage and in the same manner as prescribed by |
8 | | law in judicial procedure in civil cases in courts of this |
9 | | State. |
10 | | The Secretary, the designated hearing officer, any member |
11 | | of the Board, or a certified shorthand court reporter may |
12 | | administer oaths at any hearing which the Department conducts. |
13 | | Notwithstanding any other statute or Department rule to the |
14 | | contrary, all requests for testimony or production of |
15 | | documents or records shall be in accordance with this Act.
|
16 | | (Source: P.A. 99-469, eff. 8-26-15.)
|
17 | | (225 ILCS 5/24) (from Ch. 111, par. 7624)
|
18 | | (Section scheduled to be repealed on January 1, 2026)
|
19 | | Sec. 24. Hearing officer appointment. The Secretary shall |
20 | | have the
authority to appoint any attorney duly licensed to |
21 | | practice law in the State
of Illinois to serve as the hearing |
22 | | officer in any action for refusal to
issue or renew a license, |
23 | | or for the taking of disciplinary action against a license. |
24 | | The hearing officer shall have
full authority to conduct the |
25 | | hearing. The hearing officer shall report
his or her findings |
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1 | | of fact, conclusions of law, and recommendations to the Board |
2 | | and the Secretary. The
Board shall have 90 days from receipt of |
3 | | the report to review the report of the
hearing officer and |
4 | | present its findings of fact, conclusions of law and
|
5 | | recommendation to the Secretary. The If the Board fails to |
6 | | present its report
within the 90 day period, the Secretary may |
7 | | issue an order based on the report of the hearing officer. If |
8 | | the Secretary
determines that the Board's report is contrary |
9 | | to the manifest
weight of the evidence, he or she may issue an |
10 | | order in contravention of
the Board's report.
|
11 | | (Source: P.A. 99-469, eff. 8-26-15.)
|
12 | | (225 ILCS 5/6 rep.) |
13 | | (225 ILCS 5/21 rep.) |
14 | | (225 ILCS 5/22 rep.) |
15 | | Section 85. The Illinois Athletic Trainers Practice Act is |
16 | | amended by repealing Sections 6, 21, and 22. |
17 | | Section 90. The Hearing Instrument Consumer Protection Act |
18 | | is amended by changing Sections 3, 8, 14, 15, 18, 21, 22, 23, |
19 | | 27.1, and 30 as follows:
|
20 | | (225 ILCS 50/3) (from Ch. 111, par. 7403)
|
21 | | (Section scheduled to be repealed on January 1, 2026)
|
22 | | Sec. 3. Definitions. As used in this Act, except as the |
23 | | context
requires otherwise:
|
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1 | | "Department" means the Department of Public Health.
|
2 | | "Director" means the Director of the Department of Public |
3 | | Health.
|
4 | | "License" means a license
issued by the State under this
|
5 | | Act to a hearing instrument dispenser.
|
6 | | "Licensed audiologist" means a person
licensed
as an |
7 | | audiologist under the Illinois Speech-Language Pathology and |
8 | | Audiology
Practice Act.
|
9 | | "National Board Certified Hearing Instrument
Specialist" |
10 | | means a person
who has had at least 2 years in practice as a |
11 | | licensed hearing
instrument dispenser and has
been certified |
12 | | after qualification by examination by the National Board for
|
13 | | Certification in Hearing Instruments Sciences.
|
14 | | "Licensed physician" or "physician" means a physician |
15 | | licensed
in Illinois to
practice medicine in all of its |
16 | | branches pursuant to the Medical Practice Act of 1987.
|
17 | | "Trainee" means a person who is licensed to perform the |
18 | | functions of a hearing instrument dispenser in accordance with |
19 | | the Department rules and only under the direct supervision of |
20 | | a hearing instrument dispenser or audiologist who is licensed |
21 | | in the State. |
22 | | "Board" means the Hearing Instrument Consumer Protection
|
23 | | Board.
|
24 | | "Hearing instrument" or "hearing aid" means any wearable |
25 | | instrument or device designed for or offered for the purpose |
26 | | of aiding or compensating for impaired human hearing and that |
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1 | | can provide more than 15 dB full on gain via a 2cc coupler at |
2 | | any single frequency from 200 through 6000 cycles per second, |
3 | | and any parts, attachments, or accessories, including ear |
4 | | molds. "Hearing instrument" or "hearing aid" do not include |
5 | | batteries, cords, or group auditory training devices and any
|
6 | | instrument or device used by a public utility in providing |
7 | | telephone or
other communication services are excluded.
|
8 | | "Practice of fitting, dispensing, or servicing of hearing
|
9 | | instruments" means
the measurement of human hearing with an
|
10 | | audiometer, calibrated to
the current American National |
11 | | Standard Institute standards, for the
purpose of making |
12 | | selections, recommendations, adaptions, services, or sales of
|
13 | | hearing instruments including the making of earmolds as a part |
14 | | of the hearing
instrument.
|
15 | | "Sell" or "sale" means any transfer of title or of the |
16 | | right to use
by lease, bailment, or any other contract, |
17 | | excluding wholesale transactions
with distributors or dealers.
|
18 | | "Hearing instrument dispenser" means a person who
is a |
19 | | hearing care professional that engages
in the selling,
|
20 | | practice of fitting, selecting, recommending, dispensing, or |
21 | | servicing
of hearing instruments or the testing for means of |
22 | | hearing
instrument selection or who
advertises or displays a |
23 | | sign or represents himself or herself as a person
who
|
24 | | practices the testing, fitting, selecting, servicing, |
25 | | dispensing,
or selling of hearing instruments.
|
26 | | "Fund" means the Hearing Instrument Dispenser Examining
|
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1 | | and Disciplinary Fund.
|
2 | | "Hearing care professional" means a person who is a |
3 | | licensed
audiologist, a licensed hearing instrument dispenser, |
4 | | or a licensed
physician.
|
5 | | (Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15 .)
|
6 | | (225 ILCS 50/8) (from Ch. 111, par. 7408)
|
7 | | (Section scheduled to be repealed on January 1, 2026)
|
8 | | Sec. 8. Applicant qualifications; examination.
|
9 | | (a) In order to protect persons who are deaf or hard of |
10 | | hearing, the Department
shall authorize or shall conduct an |
11 | | appropriate examination, which may be the International |
12 | | Hearing Society's licensure examination, for persons
who |
13 | | dispense, test, select, recommend, fit, or service hearing
|
14 | | instruments. The frequency of holding these examinations shall
|
15 | | be determined by the Department by rule. Those
who |
16 | | successfully pass such an examination shall be issued a |
17 | | license
as a hearing instrument dispenser, which shall be |
18 | | effective for
a 2-year period.
|
19 | | (b) Applicants shall be:
|
20 | | (1) at least 18 years of age;
|
21 | | (2) of good moral character;
|
22 | | (3) the holder of an associate's degree or the |
23 | | equivalent;
|
24 | | (4) free of contagious or infectious disease; and
|
25 | | (5) a citizen or person who has the status as a legal |
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1 | | alien.
|
2 | | Felony convictions of the applicant and findings against |
3 | | the applicant
involving matters set forth in Sections 17 and |
4 | | 18 shall be considered in
determining moral character, but |
5 | | such a conviction or finding shall not make an
applicant |
6 | | ineligible to register for examination.
|
7 | | (c) Prior to engaging in the practice of fitting, |
8 | | dispensing, or servicing
hearing instruments, an applicant
|
9 | | shall demonstrate, by means of written
and practical |
10 | | examinations, that such person is qualified to
practice the |
11 | | testing, selecting, recommending, fitting, selling, or
|
12 | | servicing of hearing instruments as defined in this
Act. An |
13 | | applicant must obtain a license within 12
months after passing |
14 | | either the written or practical examination, whichever is |
15 | | passed first, or must take and
pass those examinations again |
16 | | in order to be eligible to receive a license.
|
17 | | The Department shall, by rule, determine the conditions |
18 | | under which an
individual is examined.
|
19 | | (d) Proof of having met the minimum requirements of |
20 | | continuing education
as determined by the Director Board shall |
21 | | be required of all license renewals.
Pursuant to rule, the |
22 | | continuing education requirements may, upon petition to
the |
23 | | Director Board ,
be waived in whole or in part if the hearing |
24 | | instrument dispenser
can demonstrate
that he or she served in |
25 | | the Coast Guard or Armed Forces, had an extreme
hardship, or |
26 | | obtained his or her license by examination or
endorsement |
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1 | | within
the preceding renewal period.
|
2 | | (e) Persons applying for an initial
license
must |
3 | | demonstrate having earned, at a minimum, an associate degree |
4 | | or its equivalent from an
accredited institution of higher |
5 | | education that is recognized by the U.S. Department of |
6 | | Education or that meets the U.S. Department of Education |
7 | | equivalency as determined through a National Association of |
8 | | Credential Evaluation Services (NACES) member, and meet the |
9 | | other requirements of
this Section. In addition, the applicant |
10 | | must demonstrate the successful
completion of (1) 12 semester |
11 | | hours or 18 quarter hours of academic undergraduate
course |
12 | | work in an accredited institution consisting of 3 semester |
13 | | hours of
anatomy and physiology of the hearing mechanism, 3 |
14 | | semester hours of
hearing science, 3 semester hours of |
15 | | introduction to audiology, and 3 semester
hours of aural |
16 | | rehabilitation, or the quarter hour equivalent or (2) an |
17 | | equivalent program as determined by the Department that is |
18 | | consistent with the scope of practice of a hearing instrument |
19 | | dispenser as defined in Section 3 of this Act. Persons
|
20 | | licensed before January 1, 2003 who
have a valid license on |
21 | | that date may have their license renewed
without meeting the |
22 | | requirements of this subsection.
|
23 | | (Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15; |
24 | | 99-847, eff. 8-19-16.)
|
25 | | (225 ILCS 50/14) (from Ch. 111, par. 7414)
|
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1 | | (Section scheduled to be repealed on January 1, 2026)
|
2 | | Sec. 14. Powers and duties of the Department. The powers |
3 | | and duties of
the Department are:
|
4 | | (a) To issue licenses and to administer examinations to |
5 | | applicants;
|
6 | | (b) To license persons who are qualified to engage in the |
7 | | testing,
recommending, fitting, selling, and dispensing of |
8 | | hearing instruments;
|
9 | | (c) To provide the equipment and facilities necessary for |
10 | | the examination;
|
11 | | (d) To issue and to renew licenses;
|
12 | | (e) To suspend or revoke licenses or to take such other |
13 | | disciplinary action
as provided in this Act;
|
14 | | (f) (Blank) To consider all recommendations and requests |
15 | | of the Board and to inform
it of all actions of the Department |
16 | | insofar as hearing instrument dispensers
are concerned, |
17 | | including any instances where the actions of the Department |
18 | | are
contrary to the recommendations of the Board ;
|
19 | | (g) To promulgate rules necessary to implement this Act;
|
20 | | (h) (Blank); and
|
21 | | (i) To conduct such consumer education programs and |
22 | | awareness programs for
persons with a hearing impairment as it |
23 | | deems appropriate may be recommended by the Board .
|
24 | | (Source: P.A. 91-932, eff. 1-1-01 .)
|
25 | | (225 ILCS 50/15) (from Ch. 111, par. 7415)
|
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1 | | (Section scheduled to be repealed on January 1, 2026)
|
2 | | Sec. 15. Fees.
|
3 | | (a) The examination and licensure fees paid to the |
4 | | Department are not refundable and shall be set forth by |
5 | | administrative rule. The Department may require a fee for the |
6 | | administration of the examination in addition to examination |
7 | | and licensure fees.
|
8 | | (b) The moneys received as fees and fines by the |
9 | | Department
under this Act shall be deposited in the Hearing |
10 | | Instrument
Dispenser Examining
and Disciplinary Fund, which is |
11 | | hereby created as a
special fund in the
State Treasury, and |
12 | | shall be used only for the administration and
enforcement of |
13 | | this Act,
including : (1) costs directly related to licensing |
14 | | of persons under
this Act ; and (2) by the Board in the exercise
|
15 | | of its powers and performance of its duties, and such use shall |
16 | | be made
by the Department with full consideration of all |
17 | | recommendations of the Board .
|
18 | | All moneys deposited in the Fund shall be appropriated to |
19 | | the Department
for expenses of the Department and the Board in |
20 | | the administration and
enforcement of this Act.
|
21 | | Moneys in the Fund may
be invested and reinvested, with |
22 | | all earnings deposited in the
Fund and used for the purposes |
23 | | set forth in this Act.
|
24 | | Upon the completion of any audit of the Department as |
25 | | prescribed by the
Illinois State Auditing Act, which audit |
26 | | shall include an audit of the Fund,
the Department
shall make a |
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1 | | copy of the audit open to inspection by any interested person,
|
2 | | which copy shall be submitted to the Department by the Auditor |
3 | | General, in
addition to the copies of audit reports required |
4 | | to be submitted to other
State officers and agencies by |
5 | | Section 3-14 of the Illinois State Auditing Act.
|
6 | | (Source: P.A. 99-204, eff. 7-30-15.)
|
7 | | (225 ILCS 50/18) (from Ch. 111, par. 7418)
|
8 | | (Section scheduled to be repealed on January 1, 2026)
|
9 | | Sec. 18. Discipline by the Department. The Department may |
10 | | refuse to
issue
or renew a license
or it may revoke, suspend, |
11 | | place on probation, censure, fine, or reprimand
a
licensee for |
12 | | any of the following:
|
13 | | (a) Material misstatement in furnishing information to |
14 | | the Department
or to any other State or federal agency.
|
15 | | (b) Violations of this Act, or the rules promulgated |
16 | | hereunder.
|
17 | | (c) Conviction of any crime under the laws of the |
18 | | United States or any
state or territory thereof which is a |
19 | | felony or misdemeanor, an essential
element of dishonesty, |
20 | | or of any crime which is directly related
to the practice |
21 | | of the profession.
|
22 | | (d) Making any misrepresentation for the purpose of |
23 | | obtaining a license
or renewing a license, including |
24 | | falsification of the
continuing education
requirement.
|
25 | | (e) Professional incompetence.
|
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1 | | (f) Malpractice.
|
2 | | (g) Aiding or assisting another person in violating |
3 | | any provision of this
Act or the rules promulgated |
4 | | hereunder.
|
5 | | (h) Failing, within 30 days, to provide
in writing |
6 | | information in response to a written
request made by the |
7 | | Department.
|
8 | | (i) Engaging in dishonorable, unethical, or |
9 | | unprofessional conduct which
is likely to deceive, |
10 | | defraud, or harm the public.
|
11 | | (j) Knowingly employing, directly or indirectly, any |
12 | | suspended or
unlicensed person to perform any services |
13 | | covered by this Act.
|
14 | | (k) Habitual intoxication or addiction to the use of |
15 | | drugs.
|
16 | | (l) Discipline by another state, the District of |
17 | | Columbia, territory, or
a foreign nation, if at least one |
18 | | of the grounds for the discipline is the
same or |
19 | | substantially equivalent to those set forth herein.
|
20 | | (m) Directly or indirectly giving to or receiving from |
21 | | any person, firm,
corporation, partnership, or association |
22 | | any fee, commission, rebate,
or other
form of compensation |
23 | | for any service not actually rendered. Nothing in this |
24 | | paragraph (m) affects any bona fide independent contractor |
25 | | or employment arrangements among health care |
26 | | professionals, health facilities, health care providers, |
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1 | | or other entities, except as otherwise prohibited by law. |
2 | | Any employment arrangements may include provisions for |
3 | | compensation, health insurance, pension, or other |
4 | | employment benefits for the provision of services within |
5 | | the scope of the licensee's practice under this Act. |
6 | | Nothing in this paragraph (m) shall be construed to |
7 | | require an employment arrangement to receive professional |
8 | | fees for services rendered.
|
9 | | (n) A finding by the Director Board that the licensee, |
10 | | after
having his or her license
placed on probationary |
11 | | status, has violated the terms of probation.
|
12 | | (o) Willfully making or filing false records or |
13 | | reports.
|
14 | | (p) Willfully failing to report an instance of |
15 | | suspected child abuse or
neglect as required by the Abused |
16 | | and Neglected Child Reporting Act.
|
17 | | (q) Physical illness, including, but not limited to, |
18 | | deterioration through
the aging process, or loss of motor |
19 | | skill which results in the inability
to practice the |
20 | | profession with reasonable judgement, skill or safety.
|
21 | | (r) Solicitation of services or products by |
22 | | advertising that is false
or misleading. An advertisement |
23 | | is false or misleading if it:
|
24 | | (1) contains an intentional misrepresentation of |
25 | | fact;
|
26 | | (2) contains a false statement as to the |
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1 | | licensee's professional
achievements, education, |
2 | | skills, or qualifications in the hearing instrument
|
3 | | dispensing profession;
|
4 | | (3) makes a partial disclosure of a relevant fact, |
5 | | including:
|
6 | | (i) the advertisement of a discounted price of |
7 | | an item without
identifying in the advertisement |
8 | | or at the location of the item either the
specific |
9 | | product being offered at the discounted price or |
10 | | the usual price of
the item; and
|
11 | | (ii) the advertisement of the price of a |
12 | | specifically identified hearing
instrument if more |
13 | | than one hearing instrument appears in the same
|
14 | | advertisement without an accompanying price;
|
15 | | (4) contains a representation that a product |
16 | | innovation is new when, in
fact, the product was first |
17 | | offered by the manufacturer to the general public
in
|
18 | | this State not less than 12 months before the date of |
19 | | the advertisement;
|
20 | | (5) contains any other representation, statement, |
21 | | or claim that is
inherently misleading or deceptive; |
22 | | or
|
23 | | (6) contains information that the licensee |
24 | | manufactures hearing
instruments at the licensee's |
25 | | office location unless the following statement
|
26 | | includes a statement disclosing that the instruments |
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1 | | are manufactured by a
specified manufacturer and |
2 | | assembled by the licensee.
|
3 | | (s) Participating in subterfuge or misrepresentation |
4 | | in the fitting or
servicing of a hearing instrument.
|
5 | | (t) (Blank).
|
6 | | (u) Representing that the service of a licensed |
7 | | physician or
other
health professional will be used
or |
8 | | made available in the fitting, adjustment, maintenance, or |
9 | | repair of
hearing
instruments when that is not true, or |
10 | | using the words "doctor",
"audiologist",
"clinic", |
11 | | "Clinical Audiologist", "Certified Hearing Aid |
12 | | Audiologist",
"State Licensed", "State
Certified", |
13 | | "Hearing Care Professional", "Licensed Hearing Instrument
|
14 | | Dispenser", "Licensed Hearing Aid
Dispenser", "Board
|
15 | | Certified Hearing Instrument Specialist", "Hearing |
16 | | Instrument Specialist",
"Licensed Audiologist", or
any |
17 | | other
term, abbreviation,
or symbol which would give the |
18 | | impression that service is being provided
by persons who |
19 | | are licensed or awarded a degree or title,
or that the |
20 | | person's service who
is holding the license has been |
21 | | recommended by a governmental agency
or health provider, |
22 | | when such is not the case.
|
23 | | (v) Advertising a manufacturer's product or using a
|
24 | | manufacturer's name
or trademark implying a relationship |
25 | | which does not exist.
|
26 | | (w) Directly or indirectly giving or offering
anything |
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| | SB3822 | - 55 - | LRB102 22344 RLC 31481 b |
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1 | | of value to any person who advises another in a |
2 | | professional capacity,
as an inducement to influence the |
3 | | purchase of a product sold or offered
for sale by a hearing |
4 | | instrument dispenser or influencing persons
to refrain |
5 | | from
dealing in the products of competitors.
|
6 | | (x) Conducting business while suffering from a |
7 | | contagious
disease.
|
8 | | (y) Engaging in the fitting or sale of hearing |
9 | | instruments under a name with
fraudulent intent.
|
10 | | (z) Dispensing a hearing instrument to a person who |
11 | | has
not been
given tests
utilizing appropriate established |
12 | | procedures and instrumentation in the
fitting of hearing |
13 | | instruments, except where there is the
replacement of a
|
14 | | hearing instrument, of the same make and model within one |
15 | | year of the dispensing of the
original hearing instrument.
|
16 | | (aa) Unavailability or unwillingness to adequately |
17 | | provide for
service
or repair of hearing instruments |
18 | | fitted and sold by the
dispenser.
|
19 | | (bb) Violating the regulations of the Federal Food and |
20 | | Drug
Administration
or the Federal Trade Commission as |
21 | | they affect hearing instruments.
|
22 | | (cc) Violating any provision of the Consumer Fraud and
|
23 | | Deceptive Business
Practices Act.
|
24 | | (dd) Violating the Health Care Worker Self-Referral |
25 | | Act. |
26 | | The Department , with the approval of the Board, may impose |
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1 | | a fine not
to exceed $1,000 plus costs for the first violation |
2 | | and not to
exceed $5,000
plus costs for each subsequent |
3 | | violation of this Act, and the rules
promulgated hereunder, on |
4 | | any person or entity described in this Act.
Such fine may be |
5 | | imposed as an alternative to any other
disciplinary
measure, |
6 | | except for probation.
The imposition by the Department of a |
7 | | fine for any violation does
not bar
the violation from being |
8 | | alleged in subsequent disciplinary
proceedings.
Such fines |
9 | | shall be deposited in the Fund.
|
10 | | (Source: P.A. 100-201, eff. 8-18-17.)
|
11 | | (225 ILCS 50/21) (from Ch. 111, par. 7421)
|
12 | | (Section scheduled to be repealed on January 1, 2026)
|
13 | | Sec. 21.
The Department may investigate the actions of any |
14 | | applicant,
corporation, partnership, trust, association or |
15 | | other entity, or any person
holding or claiming to hold a |
16 | | license. The Department
shall, before refusing to issue a |
17 | | license or disciplining
a registrant
or a corporation, |
18 | | partnership, trust, association or other entity,
notify, in |
19 | | writing, at least 10 days prior to the date set for the |
20 | | hearing,
the applicant for, or holder of, a license, or |
21 | | corporation,
partnership, trust, association or other entity. |
22 | | The notification shall
set forth the charges against the |
23 | | person, corporation, partnership,
trust, association, or other |
24 | | entity which form the basis for the
refusal to issue a license |
25 | | or the disciplinary action taken. If the
person, corporation, |
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1 | | partnership, trust, association, or other entity
desires to |
2 | | contest any Department action under this Section he,
she or |
3 | | the corporation, partnership, trust, association, or other
|
4 | | entity shall send a written request for a hearing to the |
5 | | Department within 10
days of receipt of notice of the |
6 | | Department's action. If timely requested
by the person or the |
7 | | corporation, partnership, trust, association, or
other entity, |
8 | | the date of the hearing shall be set by the
Department. The |
9 | | hearing shall determine whether the applicant or licensee
is |
10 | | entitled to hold such license, and
shall afford such person an |
11 | | opportunity to be heard in person or by
counsel. A hearing |
12 | | shall also determine whether a corporation, partnership,
|
13 | | trust, association, or other entity is subject to disciplinary |
14 | | action, and
shall afford such entities an opportunity to be |
15 | | heard by their
representative or by counsel. Such written |
16 | | notice may be served by
certified or registered mail to the |
17 | | respondent at its last known address.
Upon receipt of a |
18 | | request in writing for a hearing, a duly qualified
employee of |
19 | | the Department designated in writing by the Director and
|
20 | | approved by the Board as a hearing officer shall conduct a |
21 | | hearing to
review the decision. Notice of the time and place of |
22 | | the hearing shall be
given to the person or corporation, |
23 | | partnership, trust, association, or
other entity at least 10 |
24 | | days prior to the date set for the hearing. At
the time and |
25 | | place fixed in the notice, the hearing officer shall hear the
|
26 | | charges and the parties shall be accorded opportunity to |
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1 | | present such
statements, testimony and evidence as may be
|
2 | | pertinent to the charges or defenses. The hearing officer
may |
3 | | continue such hearing from time to time. Pursuant to rule, the |
4 | | Director
may conduct informal hearings , and shall so inform |
5 | | the Board . The Director ,
Board or hearing officer may compel, |
6 | | by subpoena, the attendance and
testimony of witnesses and the |
7 | | production of books and papers and may administer oaths.
|
8 | | (Source: P.A. 86-800 .)
|
9 | | (225 ILCS 50/22) (from Ch. 111, par. 7422)
|
10 | | (Section scheduled to be repealed on January 1, 2026)
|
11 | | Sec. 22. Findings and recommendations to of the Director |
12 | | Board . At the conclusion of
the
hearing, the hearing officer |
13 | | shall
make findings of fact in such hearing to the Director |
14 | | Board . The Director Board shall
review the findings of fact |
15 | | and present
to the Director a written report of its finding and |
16 | | recommendation as to
whether or not the accused person |
17 | | violated this Act or failed to comply
with the conditions |
18 | | required in this Act or any rule promulgated under this
Act. |
19 | | The Director Board shall specify the nature of the violation |
20 | | or failure
to comply and shall make its recommendations to the |
21 | | Director .
|
22 | | The report of findings and recommendation of the hearing |
23 | | officer Board shall be the basis
for the Department's action |
24 | | with respect to licensees
or the imposition
of any |
25 | | disciplinary action unless the Director determines that the |
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1 | | report and
recommendation is contrary to the manifest weight |
2 | | of the evidence, in which
case the Director may issue an order |
3 | | in contravention of the report and
recommendation. The |
4 | | findings are not admissible in evidence
against the person in |
5 | | a criminal prosecution brought for the violation of
this Act, |
6 | | but the hearing and findings are not a bar to a criminal |
7 | | prosecution
brought for violating this Act.
|
8 | | (Source: P.A. 89-72, eff. 12-31-95 .)
|
9 | | (225 ILCS 50/23) (from Ch. 111, par. 7423)
|
10 | | (Section scheduled to be repealed on January 1, 2026)
|
11 | | Sec. 23.
The Department, at its expense, shall preserve a |
12 | | record of all
proceedings at the formal hearing of any case |
13 | | involving the refusal to issue
a license or to discipline a |
14 | | licensee.
The notice
of hearing, the complaint
and all other |
15 | | documents in the nature of pleadings and written motions filed
|
16 | | in the proceedings, the transcript of testimony, the report of |
17 | | the Board
and the orders of the Department shall be the record |
18 | | of such proceeding.
|
19 | | In any case involving the refusal to issue a license
or to |
20 | | discipline
a licensee, a copy of the hearing officer's Board's |
21 | | report shall be served
upon the respondent
by the Department, |
22 | | as provided in this Act for the service of the notice
of |
23 | | hearing. Within 20 days after such service, the respondent may |
24 | | present
to the Department a motion in writing for a rehearing, |
25 | | which motion shall
specify the particular grounds therefor. If |
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1 | | no motion for rehearing is
filed, then upon the expiration of |
2 | | the time specified for filing such a
motion, or if a motion for |
3 | | rehearing is denied, then upon such denial, the
Director may |
4 | | enter an order in accordance with recommendations of the |
5 | | hearing officer Board .
If the respondent orders and pays for a |
6 | | transcript of the record within
the time for filing a motion |
7 | | for rehearing, the 20-day period within which
such a motion |
8 | | may be filed shall commence upon the delivery of the |
9 | | transcript
to the respondent.
|
10 | | Whenever the Director is satisfied that substantial |
11 | | justice has not been
done either in an examination or in the |
12 | | revocation, suspension or refusal
to issue a license, the |
13 | | Director may order a re-examination
or rehearing.
|
14 | | (Source: P.A. 86-800 .)
|
15 | | (225 ILCS 50/27.1) (from Ch. 111, par. 7427.1)
|
16 | | (Section scheduled to be repealed on January 1, 2026)
|
17 | | Sec. 27.1.
Notwithstanding the provisions of Section 21 of |
18 | | this Act,
the Director shall have the authority to appoint any |
19 | | attorney duly licensed
to practice law in the State of |
20 | | Illinois to serve as hearing officer in any
action for refusal |
21 | | to issue or renew a license, or discipline
of an applicant or
|
22 | | licensee regulated by
this Act. The Director shall notify the |
23 | | Board of any such appointment.
The hearing officer shall have |
24 | | full authority to conduct the hearing. The
hearing officer |
25 | | shall report his findings of fact, conclusions of law and
|
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1 | | recommendations to the Board and the Director. Within The |
2 | | Board shall have 60
days from receipt of the report to review |
3 | | the report of the hearing officer
and present their findings |
4 | | of fact, conclusions of law and recommendations
to the |
5 | | Director. If the Board fails to present its
report within the |
6 | | 60-day period , the Director shall issue an order based on
the |
7 | | report of the hearing officer. If the Director disagrees in |
8 | | any regard
with the report of the Board or hearing officer, the |
9 | | Director he may issue an order in
contravention thereof. The |
10 | | Director shall provide a written explanation to
the Board on |
11 | | any such deviation, and shall specify with particularity the
|
12 | | reasons for such action in the final order. Members of the |
13 | | Board may be
present at all formal hearings brought under
the |
14 | | provisions of this Act.
|
15 | | (Source: P.A. 86-800 .)
|
16 | | (225 ILCS 50/30) (from Ch. 111, par. 7430)
|
17 | | (Section scheduled to be repealed on January 1, 2026)
|
18 | | Sec. 30.
The determination by a circuit court that a |
19 | | licensee
is subject to involuntary admission or judicial |
20 | | admission, as provided in
the "Mental Health and Developmental |
21 | | Disabilities Code", approved September
5, 1978, as amended, |
22 | | operates as an automatic suspension
of his license. Such |
23 | | suspension will end
upon a finding by
a court that the patient |
24 | | is no longer subject to involuntary admission or
judicial |
25 | | admission and the court issues an order so finding and |
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1 | | discharging
the patient and upon the recommendation of the |
2 | | hearing officer Board to the Director that
the licensee be |
3 | | allowed to resume his practice.
|
4 | | (Source: P.A. 86-800 .)
|
5 | | (225 ILCS 50/16 rep.) |
6 | | (225 ILCS 50/17 rep.) |
7 | | Section 95. The Hearing Instrument Consumer Protection Act |
8 | | is amended by repealing Sections 16 and 17. |
9 | | Section 100. The Health Care Workplace Violence Prevention |
10 | | Act is amended by changing Section 35 as follows: |
11 | | (405 ILCS 90/35)
|
12 | | Sec. 35. Pilot project ; task force . (a) The Department of |
13 | | Human Services and the Department of Public Health shall |
14 | | initially implement this Act as a 2-year pilot project in |
15 | | which only the following health care workplaces shall |
16 | | participate: |
17 | | (1) The Chester Mental Health Center. |
18 | | (2) The Alton Mental Health Center. |
19 | | (3) The Douglas Singer Mental Health Center. |
20 | | (4) The Andrew McFarland Mental Health Center. |
21 | | (5) The Jacksonville Developmental Center. |
22 | | Each health care workplace participating in the pilot |
23 | | project shall comply with this Act as provided in this Act. |
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1 | | (b) The Governor shall convene a 11-member task force |
2 | | consisting of the following: one member appointed by the |
3 | | President of the Senate; one member appointed by the Minority |
4 | | Leader of the Senate; one member appointed by the Speaker of |
5 | | House of Representatives; one member appointed by the Minority |
6 | | Leader of the House of Representatives; one representative |
7 | | from a statewide association representing licensed registered |
8 | | professional nurses; one licensed registered professional |
9 | | nurse involved in direct patient care, appointed by the |
10 | | Governor; one representative of an organization representing |
11 | | State, county, and municipal employees, appointed by the |
12 | | Governor; one representative of an organization representing |
13 | | public employees, appointed by the Governor; and 3 |
14 | | representatives of the Department of Human Services, with one |
15 | | representative from the Division of Mental Health, one |
16 | | representative from the Division of Developmental |
17 | | Disabilities,
and one representative from the Division of |
18 | | Rehabilitation Services of the Department of Human Services. |
19 | | The task force shall submit a report to the Illinois General |
20 | | Assembly by January 1, 2008 that shall (i) evaluate the |
21 | | effectiveness of the health care workplace violence prevention |
22 | | pilot project in the facilities participating in the pilot |
23 | | project and (ii) make recommendations concerning the |
24 | | implementation of workplace violence prevention programs in |
25 | | all health care workplaces.
|
26 | | (c) The Department of Human Services shall provide all |
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1 | | necessary administrative support to the task force.
|
2 | | (Source: P.A. 94-347, eff. 7-28-05; 94-1012, eff. 7-7-06.) |
3 | | Section 105. The Stem Cell Research and Human Cloning |
4 | | Prohibition Act is amended by changing Sections 10, 25, and 30 |
5 | | as follows: |
6 | | (410 ILCS 110/10)
|
7 | | Sec. 10. Definitions. As used in this Act: |
8 | | "Department" means the Department of Public Health. |
9 | | "Institute" means the Illinois Regenerative Medicine |
10 | | Institute.
|
11 | | "Committee" means the Illinois Regenerative Medicine |
12 | | Institute Oversight Committee.
|
13 | | (Source: P.A. 95-519, eff. 1-1-08.) |
14 | | (410 ILCS 110/25)
|
15 | | Sec. 25. Conflict of interest. |
16 | | (a) (Blank) A person has a conflict of interest if any |
17 | | Committee action with respect to a matter may directly or |
18 | | indirectly financially benefit any of the following:
|
19 | | (1) That person. |
20 | | (2) That person's spouse, immediate family living with |
21 | | that person, or that person's extended family.
|
22 | | (3) Any individual or entity required to be disclosed |
23 | | by that person.
|
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1 | | (4) Any other individual or entity with which that |
2 | | person has a business or professional relationship .
|
3 | | (b) (Blank) A Committee member who has a conflict of |
4 | | interest with respect to a matter may not discuss that matter |
5 | | with other Committee members and shall not vote upon or |
6 | | otherwise participate in any Committee action with respect to |
7 | | that matter. Each recusal occurring during a Committee meeting |
8 | | shall be made a part of the minutes or recording of the meeting |
9 | | in accordance with the Open Meetings Act .
|
10 | | (c) A member of a scientific peer review panel or any other |
11 | | advisory committee that may be established by the Department |
12 | | who has a conflict of interest with respect to a matter may not |
13 | | discuss that matter with other peer review panel or advisory |
14 | | committee members or with Committee members and shall not vote |
15 | | or otherwise participate in any peer review panel or advisory |
16 | | committee action with respect to that matter. Each recusal of |
17 | | a peer review panel or advisory committee member occurring |
18 | | during a peer review panel or advisory committee meeting shall |
19 | | be made a part of the minutes or recording of the meeting in |
20 | | accordance with the Open Meetings Act. |
21 | | (d) The Institute shall not allow any Institute employee |
22 | | to participate in the processing of, or to provide any advice |
23 | | concerning, any matter with which the Institute employee has a |
24 | | conflict of interest.
|
25 | | (Source: P.A. 95-519, eff. 1-1-08.) |
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1 | | (410 ILCS 110/30)
|
2 | | Sec. 30. Disclosure of Committee, scientific peer review |
3 | | panel, or advisory committee member income and interests. |
4 | | (a) Each Committee, scientific peer review panel , and any |
5 | | advisory committee member shall file with the Secretary of |
6 | | State a written disclosure of the following with respect to |
7 | | the member, the member's spouse, and any immediate family |
8 | | living with the member:
|
9 | | (1) Each source of income. |
10 | | (2) Each entity in which the member, spouse, or |
11 | | immediate family living with the member has an ownership |
12 | | or distributive income share that is not an income source |
13 | | required to be disclosed under item (1) of this subsection |
14 | | (a). |
15 | | (3) Each entity in or for which the member, spouse, or |
16 | | immediate family living with the member serves as an |
17 | | executive, officer, director, trustee, or fiduciary. |
18 | | (4) Each entity with which the member, member's |
19 | | spouse, or immediate family living with the member has a |
20 | | contract for future income. |
21 | | (b) Each appointed Committee member and each member of a |
22 | | scientific peer review panel and any advisory committee member |
23 | | shall file the disclosure required by subsection (a) of this |
24 | | Section at the time the member is appointed and at the time of |
25 | | any reappointment of that member.
|
26 | | (c) Each Committee member and each member of a scientific |
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1 | | peer review panel and any advisory committee member shall file |
2 | | an updated disclosure with the Secretary of State promptly |
3 | | after any change in the items required to be disclosed under |
4 | | this subsection with respect to the member, the member's |
5 | | spouse, or any immediate family living with the member. |
6 | | (d) The requirements of Section 3A-30 of the Illinois |
7 | | Governmental Ethics Act and any other disclosures required by |
8 | | law apply to this Act.
|
9 | | (e) Filed disclosures shall be public records.
|
10 | | (Source: P.A. 95-519, eff. 1-1-08.) |
11 | | (410 ILCS 110/20 rep.) |
12 | | (410 ILCS 110/35 rep.) |
13 | | Section 110. The Stem Cell Research and Human Cloning |
14 | | Prohibition Act is amended by repealing Sections 20 and 35. |
15 | | (410 ILCS 221/Act rep.) |
16 | | Section 115. The Advisory Board for the Maternal and Child |
17 | | Health Block Grant Programs Act is repealed. |
18 | | (410 ILCS 225/7 rep.) |
19 | | Section 117. The Prenatal and Newborn Care Act is amended |
20 | | by repealing Section 7. |
21 | | (410 ILCS 303/25 rep.) |
22 | | Section 120. The African-American HIV/AIDS Response Act is |
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1 | | amended by repealing Section 25. |
2 | | (410 ILCS 413/15 rep.) |
3 | | (410 ILCS 413/20 rep.) |
4 | | Section 125. The Epilepsy Disease Assistance Act is |
5 | | amended by repealing Sections 15 and 20. |
6 | | Section 130. The Head and Spinal Cord Injury Act is |
7 | | amended by changing Sections 1 and 3 as follows:
|
8 | | (410 ILCS 515/1) (from Ch. 111 1/2, par. 7851)
|
9 | | Sec. 1. As used in this Act, unless the context clearly |
10 | | indicates otherwise:
|
11 | | (a) "Department" means the Department of Public Health.
|
12 | | (b) "Head Injury" means a sudden insult or damage to the |
13 | | brain or its
coverings, not of a degenerative nature, which |
14 | | produces an altered state of
consciousness or temporarily or |
15 | | permanently impairs mental, cognitive,
behavioral or physical |
16 | | functioning. Cerebral vascular accidents,
aneurisms and |
17 | | congenital deficits are excluded from this definition.
|
18 | | (c) "Spinal cord injury" means an injury that occurs as a |
19 | | result of
trauma, which involves spinal vertebral fracture, or |
20 | | where the injured
person suffers any of the following effects:
|
21 | | (1) effects on the sensory system including numbness, |
22 | | tingling or loss
of sensation in the body or in one or more |
23 | | extremities;
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1 | | (2) effects on the motor system including weakness or |
2 | | paralysis in one
or more extremities;
|
3 | | (3) effects on the visceral system including bowel or |
4 | | bladder
dysfunction or hypotension.
|
5 | | (d) "Council" means the Advisory Council on Spinal Cord |
6 | | and Head Injuries.
|
7 | | (Source: P.A. 86-510.)
|
8 | | (410 ILCS 515/3) (from Ch. 111 1/2, par. 7853)
|
9 | | Sec. 3.
(a) All reports and records made pursuant to this |
10 | | Act and
maintained by the Department and other appropriate |
11 | | persons, officials and
institutions pursuant to this Act shall |
12 | | be confidential. Information shall
not be made available to |
13 | | any individual or institution except to:
|
14 | | (1) appropriate staff of the Department; and
|
15 | | (2) any person engaged in a bona fide research project, |
16 | | with the
permission of the Director of Public Health, except |
17 | | that no information
identifying the subjects of the reports or |
18 | | the reporters shall be made
available to researchers unless |
19 | | the Department requests and receives
consent for such release |
20 | | pursuant to the provisions of this Section . ; and
|
21 | | (3) the Council, except that no information identifying |
22 | | the subjects of
the reports or the reporters shall be made |
23 | | available to the Council unless
consent for release is |
24 | | requested and received pursuant to the provisions of
this |
25 | | Section. Only information pertaining to head and spinal cord |
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1 | | injuries
as defined in Section 1 of this Act shall be released |
2 | | to the Council.
|
3 | | (b) The Department shall not reveal the identity of a |
4 | | patient,
physician or hospital, except that the identity of |
5 | | the patient
may be released upon written consent of the |
6 | | patient, parent or guardian,
the identity of the physician may |
7 | | be released upon written consent of the
physician, and the |
8 | | identity of the hospital may be released upon written
consent |
9 | | of the hospital.
|
10 | | (c) The Department shall request consent for release from |
11 | | a patient, a
physician or hospital only upon a showing by the |
12 | | applicant for
such release that obtaining the identities of |
13 | | certain patients, physicians
or hospitals is necessary for his |
14 | | bonafide research directly related to the
objectives of this |
15 | | Act.
|
16 | | (d) The Department shall at least annually compile a |
17 | | report of the data
accumulated through the reporting system |
18 | | established under Section 2 of
this Act and shall submit such |
19 | | data relating to spinal cord and head
injuries in accordance |
20 | | with confidentiality restrictions established
pursuant to this |
21 | | Act to the Council .
|
22 | | (Source: P.A. 86-510.)
|
23 | | (410 ILCS 515/6 rep.) |
24 | | Section 135. The Head and Spinal Cord Injury Act is |
25 | | amended by repealing Section 6. |
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1 | | Section 140. The Illinois Adverse Health Care Events |
2 | | Reporting Law of 2005 is amended by changing Section 10-45 as |
3 | | follows: |
4 | | (410 ILCS 522/10-45)
|
5 | | Sec. 10-45. Testing period.
|
6 | | (a) Prior to the testing period in subsection (b), the |
7 | | Department shall adopt rules for implementing this Law in |
8 | | consultation with the Health Care Event Reporting Advisory |
9 | | Committee and individuals who have experience and expertise in |
10 | | devising and implementing adverse health care event or other |
11 | | health care quality reporting systems. The rules shall |
12 | | establish the methodology and format for health care |
13 | | facilities reporting information under this Law to the |
14 | | Department and shall be finalized before the beginning of the |
15 | | testing period under subsection (b). |
16 | | (b) The Department shall conduct a testing period of at |
17 | | least 6 months to test the reporting process to identify any |
18 | | problems or deficiencies with the planned reporting process. |
19 | | (c) None of the information reported and analyzed during |
20 | | the testing period shall be used in any public report under |
21 | | this Law. |
22 | | (d) The Department must substantially address the problems |
23 | | or deficiencies identified during the testing period before |
24 | | fully implementing the reporting system. |
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1 | | (e) After the testing period, and after any corrections, |
2 | | adjustments, or modifications are finalized, the Department |
3 | | must give at least 30 days written notice to health care |
4 | | facilities prior to full implementation of the reporting |
5 | | system and collection of adverse event data that will be used |
6 | | in public reports. |
7 | | (f) Following the testing period, 4 calendar quarters of |
8 | | data must be collected prior to the Department's publishing |
9 | | the annual report of adverse events to the public under |
10 | | paragraph (4) of Section 10-35. |
11 | | (g) The process described in subsections (a) through (e) |
12 | | must be completed by the Department no later than July 1, 2007. |
13 | | (h) Notwithstanding any other provision of law, the |
14 | | Department may contract with an entity for receiving all |
15 | | adverse health care event reports, root cause analysis |
16 | | findings, and corrective action plans that must be reported to |
17 | | the Department under this Law and for the compilation of the |
18 | | information and the provision of quarterly and annual reports |
19 | | to the Department describing such information according to the |
20 | | rules adopted by the Department under this Law.
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21 | | (Source: P.A. 94-242, eff. 7-18-05; 95-331, eff. 8-21-07.) |
22 | | (410 ILCS 522/10-40 rep.) |
23 | | Section 145. The Illinois Adverse Health Care Events |
24 | | Reporting Law of 2005 is amended by repealing Section 10-40. |
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1 | | Section 150. The Environmental Protection Act is amended |
2 | | by changing Section 17.7 as follows:
|
3 | | (415 ILCS 5/17.7) (from Ch. 111 1/2, par. 1017.7)
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4 | | Sec. 17.7. Community water supply testing fee.
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5 | | (a) The Agency shall collect an annual nonrefundable |
6 | | testing fee from each
community water supply for participating |
7 | | in the laboratory fee program for
analytical services to |
8 | | determine compliance with contaminant levels specified
in |
9 | | State or federal drinking water regulations. A community water |
10 | | supply may
commit to participation in the laboratory fee |
11 | | program. If the community water
supply makes such a |
12 | | commitment, it shall commit for a period consistent with
the |
13 | | participation requirements established by the Agency and the |
14 | | Community
Water Supply Testing Council (Council) . If a |
15 | | community water supply elects not
to participate, it must |
16 | | annually notify the Agency in writing of its decision
not to |
17 | | participate in the laboratory fee program.
|
18 | | (b) The Agency shall determine the fee
for participating |
19 | | in the laboratory fee program for analytical services. The
|
20 | | Agency may establish multi-year
participation requirements for |
21 | | community water supplies and establish fees
accordingly. The |
22 | | Agency shall base its annual fee determination upon the actual
|
23 | | and anticipated costs for testing under State and federal |
24 | | drinking water
regulations and the associated administrative |
25 | | costs of the Agency and the
Council .
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| | SB3822 | - 74 - | LRB102 22344 RLC 31481 b |
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1 | | (c) Community water supplies that choose not to |
2 | | participate in the
laboratory fee program or do not pay the |
3 | | fees shall have the duty to analyze
all drinking water samples |
4 | | as required by State or federal safe drinking water
|
5 | | regulations established after the federal Safe Drinking Water |
6 | | Act Amendments of
1986.
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7 | | (d) There is hereby created in the State Treasury an |
8 | | interest-bearing
special fund to be known as the Community |
9 | | Water Supply Laboratory Fund. All
fees collected by the Agency |
10 | | under this Section shall be deposited into this
Fund and shall |
11 | | be used for no other purpose except those established in this
|
12 | | Section. In addition to any monies appropriated from the |
13 | | General Revenue Fund,
monies in the Fund shall be appropriated |
14 | | to the Agency in amounts deemed
necessary for laboratory |
15 | | testing of samples from community water supplies, and
for the |
16 | | associated administrative expenses of the Agency and the |
17 | | Council .
|
18 | | (e) The Agency is authorized to adopt reasonable and |
19 | | necessary rules
for the administration of this Section. The |
20 | | Agency shall submit the
proposed rules for review by the |
21 | | Council before submission of the
rulemaking for the First |
22 | | Notice under Section 5-40 of the Illinois
Administrative |
23 | | Procedure Act.
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24 | | (f) The Director shall establish a Community Water Supply |
25 | | Testing Council,
consisting of 5 persons who are elected |
26 | | municipal officials, 5 persons
representing community water |
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| | SB3822 | - 75 - | LRB102 22344 RLC 31481 b |
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1 | | supplies, one person representing the engineering
profession, |
2 | | one person representing investor-owned utilities, one person
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3 | | representing the Illinois Association of Environmental |
4 | | Laboratories, and 2
persons
representing municipalities and |
5 | | community water supplies on a statewide basis,
all appointed |
6 | | by the Director. Beginning in 1994, the Director shall appoint
|
7 | | the following to the Council: (i) 2 elected municipal |
8 | | officials, 2 community
water supply representatives, and 1 |
9 | | investor-owned utility representative, each
for a one-year |
10 | | term; (ii) 2 elected municipal officials and 2 community water
|
11 | | supply representatives, each for a 2 year term; and (iii) one |
12 | | elected
municipal official, one community water supply |
13 | | representative, one person
representing the engineering |
14 | | profession, and 2 persons representing
municipalities and |
15 | | community water supplies on a statewide basis, each for
a 3 |
16 | | year term.
As soon as possible after the effective date of this |
17 | | amendatory Act of the
92nd General Assembly, the Director |
18 | | shall appoint one
person representing the Illinois Association |
19 | | of
Environmental Laboratories to a term of 3 years.
|
20 | | Thereafter, the Director shall appoint successors in
each |
21 | | position to 3 year terms. In case of a vacancy, the Director |
22 | | may
appoint a successor to fill the remaining term of the |
23 | | vacancy. Members of
the Council shall serve until a successor |
24 | | is appointed by the Director.
The Council shall select from |
25 | | its members a chairperson and such other officers
as it deems |
26 | | necessary. The Council shall meet at the call of the Director |
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| | SB3822 | - 76 - | LRB102 22344 RLC 31481 b |
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1 | | or the Chairperson of the Council. The Agency shall provide |
2 | | the Council with such supporting services as
the Director and |
3 | | the Chairperson may designate, and members shall be reimbursed
|
4 | | for ordinary and necessary expenses incurred in the |
5 | | performance of their
duties. The Council shall have the |
6 | | following duties:
|
7 | | (1) to hold regular and special meetings at
a time and |
8 | | place designated by the Director or the Chairperson of the |
9 | | Council;
|
10 | | (2) to consider appropriate means for long-term |
11 | | financial support of
water supply testing, and to make |
12 | | recommendations to the Agency regarding a
preferred |
13 | | approach;
|
14 | | (3) to review and evaluate the financial implications |
15 | | of current and
future federal requirements for monitoring |
16 | | of public water supplies;
|
17 | | (4) to review and evaluate management and financial |
18 | | audit reports related
to the testing program, and to make |
19 | | recommendations regarding the Agency's
efforts to |
20 | | implement the fee system and testing provided for by this |
21 | | Section;
|
22 | | (5) to require an external audit as may be deemed |
23 | | necessary by the
Council; and
|
24 | | (6) to conduct such other activities as may be deemed |
25 | | appropriate by the
Director.
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26 | | (Source: P.A. 97-220, eff. 7-28-11.)
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| | SB3822 | - 77 - | LRB102 22344 RLC 31481 b |
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1 | | (420 ILCS 40/14 rep.) |
2 | | Section 155. The Radiation Protection Act of 1990 is |
3 | | amended by repealing Section 14. |
4 | | (430 ILCS 40/6 rep.) |
5 | | Section 160. The Illinois Poison Prevention Packaging Act |
6 | | is amended by repealing Section 6. |
7 | | Section 995. No acceleration or delay. Where this Act |
8 | | makes changes in a statute that is represented in this Act by |
9 | | text that is not yet or no longer in effect (for example, a |
10 | | Section represented by multiple versions), the use of that |
11 | | text does not accelerate or delay the taking effect of (i) the |
12 | | changes made by this Act or (ii) provisions derived from any |
13 | | other Public Act.
|
14 | | Section 999. Effective date. This Act takes effect upon |
15 | | becoming law.
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| | | SB3822 | - 78 - | LRB102 22344 RLC 31481 b |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 177/10 | | | 4 | | 5 ILCS 177/15 rep. | | | 5 | | 20 ILCS 605/605-300 | was 20 ILCS 605/46.2 | | 6 | | 20 ILCS 605/605-360 rep. | | | 7 | | 20 ILCS 605/605-425 rep. | | | 8 | | 20 ILCS 605/605-1000 rep. | | | 9 | | 20 ILCS 2310/2310-376 | | | 10 | | 20 ILCS 2310/2310-76 rep. | | | 11 | | 20 ILCS 2310/2310-77 rep. | | | 12 | | 20 ILCS 2310/2310-349 rep. | | | 13 | | 20 ILCS 2310/2310-560 rep. | | | 14 | | 20 ILCS 2325/5 | | | 15 | | 20 ILCS 2325/10 | | | 16 | | 20 ILCS 2325/20 | | | 17 | | 20 ILCS 2325/15 rep. | | | 18 | | 20 ILCS 2325/25 rep. | | | 19 | | 20 ILCS 2407/Art. 2 rep. | | | 20 | | 20 ILCS 2407/53 | | | 21 | | 20 ILCS 3310/10 | | | 22 | | 20 ILCS 3950/Act rep. | | | 23 | | 20 ILCS 4024/Act rep. | | | 24 | | 30 ILCS 780/5-30 | | | 25 | | 210 ILCS 25/Art. V rep. | | |
| | | SB3822 | - 79 - | LRB102 22344 RLC 31481 b |
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| 1 | | 210 ILCS 86/25 | | | 2 | | 210 ILCS 110/13A rep. | | | 3 | | 225 ILCS 5/3 | from Ch. 111, par. 7603 | | 4 | | 225 ILCS 5/5 | from Ch. 111, par. 7605 | | 5 | | 225 ILCS 5/19 | from Ch. 111, par. 7619 | | 6 | | 225 ILCS 5/19.5 | | | 7 | | 225 ILCS 5/24 | from Ch. 111, par. 7624 | | 8 | | 225 ILCS 5/6 rep. | | | 9 | | 225 ILCS 5/21 rep. | | | 10 | | 225 ILCS 5/22 rep. | | | 11 | | 225 ILCS 50/3 | from Ch. 111, par. 7403 | | 12 | | 225 ILCS 50/8 | from Ch. 111, par. 7408 | | 13 | | 225 ILCS 50/14 | from Ch. 111, par. 7414 | | 14 | | 225 ILCS 50/15 | from Ch. 111, par. 7415 | | 15 | | 225 ILCS 50/18 | from Ch. 111, par. 7418 | | 16 | | 225 ILCS 50/21 | from Ch. 111, par. 7421 | | 17 | | 225 ILCS 50/22 | from Ch. 111, par. 7422 | | 18 | | 225 ILCS 50/23 | from Ch. 111, par. 7423 | | 19 | | 225 ILCS 50/27.1 | from Ch. 111, par. 7427.1 | | 20 | | 225 ILCS 50/30 | from Ch. 111, par. 7430 | | 21 | | 225 ILCS 50/16 rep. | | | 22 | | 225 ILCS 50/17 rep. | | | 23 | | 405 ILCS 90/35 | | | 24 | | 410 ILCS 110/10 | | | 25 | | 410 ILCS 110/25 | | | 26 | | 410 ILCS 110/30 | | |
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| 1 | | 410 ILCS 110/20 rep. | | | 2 | | 410 ILCS 110/35 rep. | | | 3 | | 410 ILCS 221/Act rep. | | | 4 | | 410 ILCS 225/7 rep. | | | 5 | | 410 ILCS 303/25 rep. | | | 6 | | 410 ILCS 413/15 rep. | | | 7 | | 410 ILCS 413/20 rep. | | | 8 | | 410 ILCS 515/1 | from Ch. 111 1/2, par. 7851 | | 9 | | 410 ILCS 515/3 | from Ch. 111 1/2, par. 7853 | | 10 | | 410 ILCS 515/6 rep. | | | 11 | | 410 ILCS 522/10-45 | | | 12 | | 410 ILCS 522/10-40 rep. | | | 13 | | 415 ILCS 5/17.7 | from Ch. 111 1/2, par. 1017.7 | | 14 | | 420 ILCS 40/14 rep. | | | 15 | | 430 ILCS 40/6 rep. | |
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