HB3340 102ND GENERAL ASSEMBLY

LRB102 11456 SPS 16790 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3340

Introduced 2/22/2021, by Rep. Brad Halbrook

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 80/4.41 new

Creates the Trauma Scene Waste Management Registration Act. Provides for the registration of trauma scene waste management practitioners. Provides that no person shall perform, offer to perform, or engage in the cleanup of a trauma scene or the removal or remediation of regulated biomedical waste from any trauma scene unless such person is registered in accordance with the Act or is an employee or independent contractor of a person registered in accordance with the Act. Sets forth provisions concerning registration; registration and renewal fees; list of registrations; requirements for registration; insurance requirements; unregistered activities; civil penalties; estimate of services; emergency exceptions; exceptions; and rules. Amends the Regulatory Sunset Act to set a repeal date for the new Act on January 1, 2032.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Trauma Scene Waste Management Registration Act.

Section 5. Definitions. As used in this Act:

"Department" means the Department of Financial and Professional Regulation.

"Pathogen" means a microorganism, including bacteria, viruses, rickettsia, and parasites, or other agent, such as a proteinaceous infectious particle or prion, that can cause disease in humans.

"Potentially infectious material" means material known or reasonably expected to contain a pathogen.

"Regulated biomedical waste" means the following:

(1) biological waste, which includes blood and blood products, exudates, secretions, products of suctioning, and other body fluids that contain free liquids and cannot be or are not directly discarded into a municipal sewer system;

(2) pathological waste, which includes all recognizable human tissues and body parts except teeth; and

(3) sharps, which include any discarded article that may cause punctures or cuts, including, but not limited to, needles, IV tubing and syringes with needles attached, and scalpel blades.

"Secretary" means the Secretary of Financial and Professional Regulation.

"Trauma scene" means a location soiled by or contaminated with potentially infectious material or regulated biomedical waste due to the occurrence of a homicide or suicide, or the occurrence of a death of a human being in which there is advanced decomposition of the body. "Trauma scene" does not include the scene of a motor vehicle accident or locations that are subject to the laws and regulations of the federal Occupational Safety and Health Administration.

"Trauma scene waste" means potentially infectious material or regulated biomedical waste that has been removed, is to be removed, or is in the process of being removed from a trauma scene.

"Trauma scene waste management practitioner" means the owner of any interest in a commercial enterprise for the cleanup or removal of trauma scene waste and who is registered with the Department pursuant to this Act.

Section 10. Registration.

(a) A trauma scene waste management practitioner shall be registered with the Department on forms provided by and in a manner directed by the Department. Such registration shall be in addition to, and not in place of, any other registrations or licenses from other State agencies required by law. No county or municipal government may require licenses, registrations, or permits for trauma scene waste management practitioners in this State.

(b) The Department, upon its approval of an application, shall issue a registration to a trauma scene waste management practitioner who meets the qualifications for such registration and who submits a completed application form and registration fee. Such registration shall be valid for a period of 3 years from the date of issuance and may be renewed for additional 3-year periods.

(c) Trauma scene waste management practitioners shall pay an initial registration fee of $100 to the Department and, for each subsequent renewal of the registration, shall pay to the Department a registration renewal fee of $100.

Section 15. List of registrants. The Department shall maintain a current list of all registered trauma scene waste management practitioners on the Department's website.

Section 20. Requirements for registration.

(a) Each trauma scene waste management practitioner shall, prior to being registered, submit to a fingerprint-based criminal background check conducted by the Illinois State Police and Federal Bureau of Investigation. No person who is currently serving a sentence of incarceration or probation for any felony under the laws of this State, any other state, or the federal government shall be issued a trauma scene waste management practitioner registration. Each trauma scene waste management practitioner shall submit to a fingerprint-based criminal background check conducted by the Illinois State Police and Federal Bureau of Investigation every 3 years following the initial background check.

(b) Each trauma scene waste management practitioner shall, upon approval of his or her registration by the Department, submit to the Department a bond executed with a surety company duly authorized to do business in this State and payable to the State of Illinois for the use and benefit of any person who is harmed by the trauma scene waste management practitioner, his or her employee, or an independent contractor of the trauma scene waste management practitioner in the performance of trauma scene waste management services. The bond shall be in the amount of $25,000. The bond shall be approved by the Department as to the form and the solvency of the surety. No trauma scene waste management practitioner or surety shall cancel, or cause to be canceled, a bond issued pursuant to this subsection unless the Department is informed in writing by a certified letter at least 30 days prior to the proposed cancellation. If the trauma scene waste management practitioner or surety cancels the bond and the trauma scene waste management practitioner fails to submit, within 10 days of the effective date of the cancellation, a new bond, the Department shall revoke the trauma scene waste management practitioner's registration.

(c) Each trauma scene waste management practitioner shall provide the Department with proof of liability insurance coverage for the trauma scene waste management practitioner, his or her employees, and each independent contractor of the trauma scene waste management practitioner who performs trauma scene waste management services in the amount of at least $1,000,000 for each occurrence. No trauma scene waste management practitioner or insurance carrier shall cancel, or cause to be canceled, a liability insurance policy issued pursuant to this subsection unless the Department is informed in writing by a certified letter at least 30 days prior to the proposed cancellation. If the trauma scene waste management practitioner or insurance carrier cancels the liability insurance policy and the trauma scene waste management practitioner fails to submit, within 10 days of the effective date of the cancellation, a new liability insurance policy that meets the requirements of this subsection, the Department shall revoke the trauma scene waste management practitioner's registration.

(d) Each trauma scene waste management practitioner shall provide the Department with proof that the trauma scene waste management practitioner has a valid potentially infectious medical waste hauling permit from the Illinois Environmental Protection Agency for the provision of trauma scene waste management services or shall submit an affidavit that the trauma scene waste management practitioner contracts with an entity that has a valid potentially infectious medical waste hauling permit. Additionally, each trauma scene waste management practitioner shall provide the Department with proof of all current certifications in the removal and disposal of regulated biomedical waste held by the trauma scene waste management practitioner or any contractor used by the trauma scene waste management practitioner for the provision of trauma scene waste management services.

(e) Each trauma scene waste management practitioner shall be responsible and liable for the acts of his or her employees and any independent contractor of the trauma scene waste management practitioner in the performance of trauma scene waste management services.

Section 25. Unregistered activities.

(a) As used in this Section, "person" means: an individual; any corporate entity or form authorized by law, including any of its subsidiaries or affiliates; or any officer, director, board member, or employee of any corporate entity or form authorized by law.

(b) No person shall perform, offer to perform, or engage in the cleanup of a trauma scene or the removal or remediation of regulated biomedical waste from any trauma scene unless such person is registered in accordance with this Act or is an employee or independent contractor of a person registered in accordance with this Act.

(c) A person who is not properly registered as a trauma scene waste management practitioner may not seek to recover from the owner of any property or from any other person, including, but not limited to, an insurance company, the cost of the cleanup, removal, or remediation of trauma scene waste at, in, or on such property.

(d) Any person who violates this Section shall be subject to a civil penalty not to exceed $5,000 and punitive action by the Department, up to and including revocation of registration.

Section 30. Estimate of services. Each trauma scene waste management practitioner registered under this Act, prior to beginning the cleanup, removal, or remediation of trauma scene waste, shall provide the individual who requested such services with a good faith estimate of the expected costs of such services.

Section 35. Emergency exception. In the event of a declared public health emergency or a state of emergency, the Department may issue temporary registrations to persons to be trauma scene waste management practitioners under such limiting conditions as the Department deems appropriate under the circumstances. The temporary registrations shall terminate at such time as may be specified by the Department, but not later than 90 days from their issuance.

Section 40. Exceptions.

(a) As used in this Section, "person" means an individual; any corporate entity or form authorized by law, including any of its subsidiaries or affiliates; or any officer, director, board member, or employee of any corporate entity or form authorized by law.

(b) Nothing in this Act shall apply to a medical practice or medical facility or a subsidiary thereof that is subject to the laws and regulations of the federal Occupational Safety and Health Administration.

(c) Nothing in this Act shall apply to the cleanup of property by the owner of the property.

(d) Nothing in this Act shall apply to the gratuitous cleanup, removal, or remediation of trauma scene waste performed for the owner of any property by individuals who are not doing so as part of a commercial enterprise for the cleanup or removal of trauma scene waste, including, but not limited to, individuals who are family, friends, or neighbors of such owner. Nothing in this subsection shall prevent such owner from offering such individuals a gratuity at his or her election.

Section 45. Rules. The Department may adopt rules required to implement and administer this Act.

Section 90. The Regulatory Sunset Act is amended by adding Section 4.41 as follows:

(5 ILCS 80/4.41 new)

Sec. 4.41. Act repealed on January 1, 2032. The following Act is repealed on January 1, 2032:

The Trauma Scene Waste Management Registration Act.