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1 | AN ACT concerning emergency services.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Commemorative Dates Act is amended by | |||||||||||||||||||||||||||||||||||
5 | changing Section 148 as follows: | |||||||||||||||||||||||||||||||||||
6 | (5 ILCS 490/148) | |||||||||||||||||||||||||||||||||||
7 | Sec. 148. First Responder Mental Health Awareness Day. The | |||||||||||||||||||||||||||||||||||
8 | third Friday in May of each year is designated as First | |||||||||||||||||||||||||||||||||||
9 | Responder Mental Health Awareness Day, to be observed | |||||||||||||||||||||||||||||||||||
10 | throughout the State as a day to honor firefighters, police | |||||||||||||||||||||||||||||||||||
11 | officers, emergency medical dispatchers, and other first | |||||||||||||||||||||||||||||||||||
12 | responders who have lost their lives due to and suffer from | |||||||||||||||||||||||||||||||||||
13 | post-traumatic stress disorder, depression, and other mental | |||||||||||||||||||||||||||||||||||
14 | health issues.
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15 | (Source: P.A. 100-900, eff. 1-1-19 .) | |||||||||||||||||||||||||||||||||||
16 | Section 10. The Department of Public Health Powers and | |||||||||||||||||||||||||||||||||||
17 | Duties Law of the
Civil Administrative Code of Illinois is | |||||||||||||||||||||||||||||||||||
18 | amended by changing Section 2310-256 as follows:
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19 | (20 ILCS 2310/2310-256)
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20 | Sec. 2310-256.
Public information campaign;
statewide
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21 | response plans.
The Department shall, whenever the State is |
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1 | required by the federal
government to
implement a statewide | ||||||
2 | response plan to a national public health threat, conduct
an
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3 | information campaign for
the general public and for medical | ||||||
4 | professionals concerning the need for public
participation in
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5 | the plan, the risks involved in inoculation or treatment, any | ||||||
6 | advisories
concerning the need for
medical consultation before | ||||||
7 | receiving inoculation or treatment, and the rights
and | ||||||
8 | responsibilities
of the general public, medical professionals, | ||||||
9 | and first responders , including, but not limited to, emergency | ||||||
10 | medical dispatchers, regarding
the provision and
receipt of | ||||||
11 | inoculation and treatment under the response plan.
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12 | (Source: P.A. 93-161, eff. 7-10-03.)
| ||||||
13 | Section 15. The School Code is amended by changing Section | ||||||
14 | 22-80 as follows: | ||||||
15 | (105 ILCS 5/22-80) | ||||||
16 | Sec. 22-80. Student athletes; concussions and head | ||||||
17 | injuries. | ||||||
18 | (a) The General Assembly recognizes all of the following: | ||||||
19 | (1) Concussions are one of the most commonly reported | ||||||
20 | injuries in children and adolescents who participate in | ||||||
21 | sports and recreational activities. The Centers for | ||||||
22 | Disease Control and Prevention estimates that as many as | ||||||
23 | 3,900,000 sports-related and recreation-related | ||||||
24 | concussions occur in the United States each year. A |
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| |||||||
1 | concussion is caused by a blow or motion to the head or | ||||||
2 | body that causes the brain to move rapidly inside the | ||||||
3 | skull. The risk of catastrophic injuries or death is | ||||||
4 | significant when a concussion or head injury is not | ||||||
5 | properly evaluated and managed. | ||||||
6 | (2) Concussions are a type of brain injury that can | ||||||
7 | range from mild to severe and can disrupt the way the brain | ||||||
8 | normally works. Concussions can occur in any organized or | ||||||
9 | unorganized sport or recreational activity and can result | ||||||
10 | from a fall or from players colliding with each other, the | ||||||
11 | ground, or with obstacles. Concussions occur with or | ||||||
12 | without loss of consciousness, but the vast majority of | ||||||
13 | concussions occur without loss of consciousness. | ||||||
14 | (3) Continuing to play with a concussion or symptoms | ||||||
15 | of a head injury leaves a young athlete especially | ||||||
16 | vulnerable to greater injury and even death. The General | ||||||
17 | Assembly recognizes that, despite having generally | ||||||
18 | recognized return-to-play standards for concussions and | ||||||
19 | head injuries, some affected youth athletes are | ||||||
20 | prematurely returned to play, resulting in actual or | ||||||
21 | potential physical injury or death to youth athletes in | ||||||
22 | this State. | ||||||
23 | (4) Student athletes who have sustained a concussion | ||||||
24 | may need informal or formal accommodations, modifications | ||||||
25 | of curriculum, and monitoring by medical or academic staff | ||||||
26 | until the student is fully recovered. To that end, all |
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1 | schools are encouraged to establish a return-to-learn | ||||||
2 | protocol that is based on peer-reviewed scientific | ||||||
3 | evidence consistent with Centers for Disease Control and | ||||||
4 | Prevention guidelines and conduct baseline testing for | ||||||
5 | student athletes. | ||||||
6 | (b) In this Section: | ||||||
7 | "Athletic trainer" means an athletic trainer licensed | ||||||
8 | under the Illinois Athletic Trainers Practice Act who is | ||||||
9 | working under the supervision of a physician. | ||||||
10 | "Coach" means any volunteer or employee of a school who is | ||||||
11 | responsible for organizing and supervising students to teach | ||||||
12 | them or train them in the fundamental skills of an | ||||||
13 | interscholastic athletic activity. "Coach" refers to both head | ||||||
14 | coaches and assistant coaches. | ||||||
15 | "Concussion" means a complex pathophysiological process | ||||||
16 | affecting the brain caused by a traumatic physical force or | ||||||
17 | impact to the head or body, which may include temporary or | ||||||
18 | prolonged altered brain function resulting in physical, | ||||||
19 | cognitive, or emotional symptoms or altered sleep patterns and | ||||||
20 | which may or may not involve a loss of consciousness. | ||||||
21 | "Department" means the Department of Financial and | ||||||
22 | Professional Regulation. | ||||||
23 | "Game official" means a person who officiates at an | ||||||
24 | interscholastic athletic activity, such as a referee or | ||||||
25 | umpire, including, but not limited to, persons enrolled as | ||||||
26 | game officials by the Illinois High School Association or |
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1 | Illinois Elementary School Association. | ||||||
2 | "Interscholastic athletic activity" means any organized | ||||||
3 | school-sponsored or school-sanctioned activity for students, | ||||||
4 | generally outside of school instructional hours, under the | ||||||
5 | direction of a coach, athletic director, or band leader, | ||||||
6 | including, but not limited to, baseball, basketball, | ||||||
7 | cheerleading, cross country track, fencing, field hockey, | ||||||
8 | football, golf, gymnastics, ice hockey, lacrosse, marching | ||||||
9 | band, rugby, soccer, skating, softball, swimming and diving, | ||||||
10 | tennis, track (indoor and outdoor), ultimate Frisbee, | ||||||
11 | volleyball, water polo, and wrestling. All interscholastic | ||||||
12 | athletics are deemed to be interscholastic activities. | ||||||
13 | "Licensed healthcare professional" means a person who has | ||||||
14 | experience with concussion management and who is a nurse, a | ||||||
15 | psychologist who holds a license under the Clinical | ||||||
16 | Psychologist Licensing Act and specializes in the practice of | ||||||
17 | neuropsychology, a physical therapist licensed under the | ||||||
18 | Illinois Physical Therapy Act, an occupational therapist | ||||||
19 | licensed under the Illinois Occupational Therapy Practice Act, | ||||||
20 | a physician assistant, or an athletic trainer. | ||||||
21 | "Nurse" means a person who is employed by or volunteers at | ||||||
22 | a school and is licensed under the Nurse Practice Act as a | ||||||
23 | registered nurse, practical nurse, or advanced practice | ||||||
24 | registered nurse. | ||||||
25 | "Physician" means a physician licensed to practice | ||||||
26 | medicine in all of its branches under the Medical Practice Act |
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1 | of 1987. | ||||||
2 | "Physician assistant" means a physician assistant licensed | ||||||
3 | under the Physician Assistant Practice Act of 1987. | ||||||
4 | "School" means any public or private elementary or | ||||||
5 | secondary school, including a charter school. | ||||||
6 | "Student" means an adolescent or child enrolled in a | ||||||
7 | school. | ||||||
8 | (c) This Section applies to any interscholastic athletic | ||||||
9 | activity, including practice and competition, sponsored or | ||||||
10 | sanctioned by a school, the Illinois Elementary School | ||||||
11 | Association, or the Illinois High School Association. This | ||||||
12 | Section applies beginning with the 2016-2017 school year. | ||||||
13 | (d) The governing body of each public or charter school | ||||||
14 | and the appropriate administrative officer of a private school | ||||||
15 | with students enrolled who participate in an interscholastic | ||||||
16 | athletic activity shall appoint or approve a concussion | ||||||
17 | oversight team. Each concussion oversight team shall establish | ||||||
18 | a return-to-play protocol, based on peer-reviewed scientific | ||||||
19 | evidence consistent with Centers for Disease Control and | ||||||
20 | Prevention guidelines, for a student's return to | ||||||
21 | interscholastic athletics practice or competition following a | ||||||
22 | force or impact believed to have caused a concussion. Each | ||||||
23 | concussion oversight team shall also establish a | ||||||
24 | return-to-learn protocol, based on peer-reviewed scientific | ||||||
25 | evidence consistent with Centers for Disease Control and | ||||||
26 | Prevention guidelines, for a student's return to the classroom |
| |||||||
| |||||||
1 | after that student is believed to have experienced a | ||||||
2 | concussion, whether or not the concussion took place while the | ||||||
3 | student was participating in an interscholastic athletic | ||||||
4 | activity. | ||||||
5 | Each concussion oversight team must include to the extent | ||||||
6 | practicable at least one physician. If a school employs an | ||||||
7 | athletic trainer, the athletic trainer must be a member of the | ||||||
8 | school concussion oversight team to the extent practicable. If | ||||||
9 | a school employs a nurse, the nurse must be a member of the | ||||||
10 | school concussion oversight team to the extent practicable. At | ||||||
11 | a minimum, a school shall appoint a person who is responsible | ||||||
12 | for implementing and complying with the return-to-play and | ||||||
13 | return-to-learn protocols adopted by the concussion oversight | ||||||
14 | team. At a minimum, a concussion oversight team may be | ||||||
15 | composed of only one person and this person need not be a | ||||||
16 | licensed healthcare professional, but it may not be a coach. A | ||||||
17 | school may appoint other licensed healthcare professionals to | ||||||
18 | serve on the concussion oversight team. | ||||||
19 | (e) A student may not participate in an interscholastic | ||||||
20 | athletic activity for a school year until the student and the | ||||||
21 | student's parent or guardian or another person with legal | ||||||
22 | authority to make medical decisions for the student have | ||||||
23 | signed a form for that school year that acknowledges receiving | ||||||
24 | and reading written information that explains concussion | ||||||
25 | prevention, symptoms, treatment, and oversight and that | ||||||
26 | includes guidelines for safely resuming participation in an |
| |||||||
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1 | athletic activity following a concussion. The form must be | ||||||
2 | approved by the Illinois High School Association. | ||||||
3 | (f) A student must be removed from an interscholastic | ||||||
4 | athletics practice or competition immediately if one of the | ||||||
5 | following persons believes the student might have sustained a | ||||||
6 | concussion during the practice or competition: | ||||||
7 | (1) a coach; | ||||||
8 | (2) a physician; | ||||||
9 | (3) a game official; | ||||||
10 | (4) an athletic trainer; | ||||||
11 | (5) the student's parent or guardian or another person | ||||||
12 | with legal authority to make medical decisions for the | ||||||
13 | student; | ||||||
14 | (6) the student; or | ||||||
15 | (7) any other person deemed appropriate under the | ||||||
16 | school's return-to-play protocol. | ||||||
17 | (g) A student removed from an interscholastic athletics | ||||||
18 | practice or competition under this Section may not be | ||||||
19 | permitted to practice or compete again following the force or | ||||||
20 | impact believed to have caused the concussion until: | ||||||
21 | (1) the student has been evaluated, using established | ||||||
22 | medical protocols based on peer-reviewed scientific | ||||||
23 | evidence consistent with Centers for Disease Control and | ||||||
24 | Prevention guidelines, by a treating physician (chosen by | ||||||
25 | the student or the student's parent or guardian or another | ||||||
26 | person with legal authority to make medical decisions for |
| |||||||
| |||||||
1 | the student), an athletic trainer, an advanced practice | ||||||
2 | registered nurse, or a physician assistant; | ||||||
3 | (2) the student has successfully completed each | ||||||
4 | requirement of the return-to-play protocol established | ||||||
5 | under this Section necessary for the student to return to | ||||||
6 | play; | ||||||
7 | (3) the student has successfully completed each | ||||||
8 | requirement of the return-to-learn protocol established | ||||||
9 | under this Section necessary for the student to return to | ||||||
10 | learn; | ||||||
11 | (4) the treating physician, the athletic trainer, or | ||||||
12 | the physician assistant has provided a written statement | ||||||
13 | indicating that, in the physician's professional judgment, | ||||||
14 | it is safe for the student to return to play and return to | ||||||
15 | learn or the treating advanced practice registered nurse | ||||||
16 | has provided a written statement indicating that it is | ||||||
17 | safe for the student to return to play and return to learn; | ||||||
18 | and | ||||||
19 | (5) the student and the student's parent or guardian | ||||||
20 | or another person with legal authority to make medical | ||||||
21 | decisions for the student: | ||||||
22 | (A) have acknowledged that the student has | ||||||
23 | completed the requirements of the return-to-play and | ||||||
24 | return-to-learn protocols necessary for the student to | ||||||
25 | return to play; | ||||||
26 | (B) have provided the treating physician's, |
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| |||||||
1 | athletic trainer's, advanced practice registered | ||||||
2 | nurse's, or physician assistant's written statement | ||||||
3 | under subdivision (4) of this subsection (g) to the | ||||||
4 | person responsible for compliance with the | ||||||
5 | return-to-play and return-to-learn protocols under | ||||||
6 | this subsection (g) and the person who has supervisory | ||||||
7 | responsibilities under this subsection (g); and | ||||||
8 | (C) have signed a consent form indicating that the | ||||||
9 | person signing: | ||||||
10 | (i) has been informed concerning and consents | ||||||
11 | to the student participating in returning to play | ||||||
12 | in accordance with the return-to-play and | ||||||
13 | return-to-learn protocols; | ||||||
14 | (ii) understands the risks associated with the | ||||||
15 | student returning to play and returning to learn | ||||||
16 | and will comply with any ongoing requirements in | ||||||
17 | the return-to-play and return-to-learn protocols; | ||||||
18 | and | ||||||
19 | (iii) consents to the disclosure to | ||||||
20 | appropriate persons, consistent with the federal | ||||||
21 | Health Insurance Portability and Accountability | ||||||
22 | Act of 1996 (Public Law 104-191), of the treating | ||||||
23 | physician's, athletic trainer's, physician | ||||||
24 | assistant's, or advanced practice registered | ||||||
25 | nurse's written statement under subdivision (4) of | ||||||
26 | this subsection (g) and, if any, the |
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| |||||||
1 | return-to-play and return-to-learn | ||||||
2 | recommendations of the treating physician, the | ||||||
3 | athletic trainer, the physician assistant, or the | ||||||
4 | advanced practice registered nurse, as the case | ||||||
5 | may be. | ||||||
6 | A coach of an interscholastic athletics team may not | ||||||
7 | authorize a student's return to play or return to learn. | ||||||
8 | The district superintendent or the superintendent's | ||||||
9 | designee in the case of a public elementary or secondary | ||||||
10 | school, the chief school administrator or that person's | ||||||
11 | designee in the case of a charter school, or the appropriate | ||||||
12 | administrative officer or that person's designee in the case | ||||||
13 | of a private school shall supervise an athletic trainer or | ||||||
14 | other person responsible for compliance with the | ||||||
15 | return-to-play protocol and shall supervise the person | ||||||
16 | responsible for compliance with the return-to-learn protocol. | ||||||
17 | The person who has supervisory responsibilities under this | ||||||
18 | paragraph may not be a coach of an interscholastic athletics | ||||||
19 | team. | ||||||
20 | (h)(1) The Illinois High School Association shall approve, | ||||||
21 | for coaches, game officials, and non-licensed healthcare | ||||||
22 | professionals, training courses that provide for not less than | ||||||
23 | 2 hours of training in the subject matter of concussions, | ||||||
24 | including evaluation, prevention, symptoms, risks, and | ||||||
25 | long-term effects. The Association shall maintain an updated | ||||||
26 | list of individuals and organizations authorized by the |
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1 | Association to provide the training. | ||||||
2 | (2) The following persons must take a training course in | ||||||
3 | accordance with paragraph (4) of this subsection (h) from an | ||||||
4 | authorized training provider at least once every 2 years: | ||||||
5 | (A) a coach of an interscholastic athletic activity; | ||||||
6 | (B) a nurse, licensed healthcare professional, or | ||||||
7 | non-licensed healthcare professional who serves as a | ||||||
8 | member of a concussion oversight team either on a | ||||||
9 | volunteer basis or in his or her capacity as an employee, | ||||||
10 | representative, or agent of a school; and | ||||||
11 | (C) a game official of an interscholastic athletic | ||||||
12 | activity. | ||||||
13 | (3) A physician who serves as a member of a concussion | ||||||
14 | oversight team shall, to the greatest extent practicable, | ||||||
15 | periodically take an appropriate continuing medical education | ||||||
16 | course in the subject matter of concussions. | ||||||
17 | (4) For purposes of paragraph (2) of this subsection (h): | ||||||
18 | (A) a coach, game official, or non-licensed healthcare | ||||||
19 | professional, as the case may be, must take a course | ||||||
20 | described in paragraph (1) of this subsection (h); | ||||||
21 | (B) an athletic trainer must take a concussion-related | ||||||
22 | continuing education course from an athletic trainer | ||||||
23 | continuing education sponsor approved by the Department; | ||||||
24 | (C) a nurse must take a concussion-related continuing | ||||||
25 | education course from a nurse continuing education sponsor | ||||||
26 | approved by the Department; |
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1 | (D) a physical therapist must take a | ||||||
2 | concussion-related continuing education course from a | ||||||
3 | physical therapist continuing education sponsor approved | ||||||
4 | by the Department; | ||||||
5 | (E) a psychologist must take a concussion-related | ||||||
6 | continuing education course from a psychologist continuing | ||||||
7 | education sponsor approved by the Department; | ||||||
8 | (F) an occupational therapist must take a | ||||||
9 | concussion-related continuing education course from an | ||||||
10 | occupational therapist continuing education sponsor | ||||||
11 | approved by the Department; and | ||||||
12 | (G) a physician assistant must take a | ||||||
13 | concussion-related continuing education course from a | ||||||
14 | physician assistant continuing education sponsor approved | ||||||
15 | by the Department. | ||||||
16 | (5) Each person described in paragraph (2) of this | ||||||
17 | subsection (h) must submit proof of timely completion of an | ||||||
18 | approved course in compliance with paragraph (4) of this | ||||||
19 | subsection (h) to the district superintendent or the | ||||||
20 | superintendent's designee in the case of a public elementary | ||||||
21 | or secondary school, the chief school administrator or that | ||||||
22 | person's designee in the case of a charter school, or the | ||||||
23 | appropriate administrative officer or that person's designee | ||||||
24 | in the case of a private school. | ||||||
25 | (6) A physician, licensed healthcare professional, or | ||||||
26 | non-licensed healthcare professional who is not in compliance |
| |||||||
| |||||||
1 | with the training requirements under this subsection (h) may | ||||||
2 | not serve on a concussion oversight team in any capacity. | ||||||
3 | (7) A person required under this subsection (h) to take a | ||||||
4 | training course in the subject of concussions must complete | ||||||
5 | the training prior to serving on a concussion oversight team | ||||||
6 | in any capacity. | ||||||
7 | (i) The governing body of each public or charter school | ||||||
8 | and the appropriate administrative officer of a private school | ||||||
9 | with students enrolled who participate in an interscholastic | ||||||
10 | athletic activity shall develop a school-specific emergency | ||||||
11 | action plan for interscholastic athletic activities to address | ||||||
12 | the serious injuries and acute medical conditions in which the | ||||||
13 | condition of the student may deteriorate rapidly. The plan | ||||||
14 | shall include a delineation of roles, methods of | ||||||
15 | communication, available emergency equipment, and access to | ||||||
16 | and a plan for emergency transport. This emergency action plan | ||||||
17 | must be: | ||||||
18 | (1) in writing; | ||||||
19 | (2) reviewed by the concussion oversight team; | ||||||
20 | (3) approved by the district superintendent or the | ||||||
21 | superintendent's designee in the case of a public | ||||||
22 | elementary or secondary school, the chief school | ||||||
23 | administrator or that person's designee in the case of a | ||||||
24 | charter school, or the appropriate administrative officer | ||||||
25 | or that person's designee in the case of a private school; | ||||||
26 | (4) distributed to all appropriate personnel; |
| |||||||
| |||||||
1 | (5) posted conspicuously at all venues utilized by the | ||||||
2 | school; and | ||||||
3 | (6) reviewed annually by all athletic trainers, first | ||||||
4 | responders (including, but not limited to, emergency | ||||||
5 | medical dispatchers) , coaches, school nurses, athletic | ||||||
6 | directors, and volunteers for interscholastic athletic | ||||||
7 | activities. | ||||||
8 | (j) The State Board of Education shall adopt rules as | ||||||
9 | necessary to administer this Section, including, but not | ||||||
10 | limited to, rules governing the informal or formal | ||||||
11 | accommodation of a student who may have sustained a concussion | ||||||
12 | during an interscholastic athletic activity.
| ||||||
13 | (Source: P.A. 100-309, eff. 9-1-17; 100-513, eff. 1-1-18; | ||||||
14 | 100-747, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81, eff. | ||||||
15 | 7-12-19.) | ||||||
16 | Section 20. The School Safety Drill Act is amended by | ||||||
17 | changing Section 5 as follows: | ||||||
18 | (105 ILCS 128/5)
| ||||||
19 | Sec. 5. Definitions. In this Act: | ||||||
20 | "First responder" means and includes all fire departments | ||||||
21 | and districts, law enforcement agencies and officials, | ||||||
22 | emergency medical responders, emergency medical dispatchers, | ||||||
23 | and emergency management officials involved in the execution | ||||||
24 | and documentation of the drills administered under this Act. |
| |||||||
| |||||||
1 | "School" means a public or private facility that offers | ||||||
2 | elementary or secondary education to students under the age of | ||||||
3 | 21. As used in this definition, "public facility" means a | ||||||
4 | facility operated by the State or by a unit of local | ||||||
5 | government. As used in this definition, "private facility" | ||||||
6 | means any non-profit, non-home-based, non-public elementary or | ||||||
7 | secondary school that is in compliance with Title VI of the | ||||||
8 | Civil Rights Act of 1964 and attendance at which satisfies the | ||||||
9 | requirements of Section 26-1 of the School Code. While more | ||||||
10 | than one school may be housed in a facility, for purposes of | ||||||
11 | this Act, the facility shall be considered a school. When a | ||||||
12 | school has more than one location, for purposes of this Act, | ||||||
13 | each different location shall be considered its own school. | ||||||
14 | "School safety drill" means a pre-planned exercise | ||||||
15 | conducted by a school in accordance with the drills and | ||||||
16 | requirements set forth in this Act.
| ||||||
17 | (Source: P.A. 94-600, eff. 8-16-05.) | ||||||
18 | Section 25. The Suicide Prevention, Education, and | ||||||
19 | Treatment Act is amended by changing Section 15 as follows: | ||||||
20 | (410 ILCS 53/15)
| ||||||
21 | Sec. 15. Suicide Prevention Alliance.
| ||||||
22 | (a) The Alliance is created as the official grassroots | ||||||
23 | creator, planner, monitor, and advocate for the Illinois | ||||||
24 | Suicide Prevention Strategic Plan. No later than one year |
| |||||||
| |||||||
1 | after the effective date of this amendatory Act of the 101st | ||||||
2 | General Assembly, the Alliance shall review, finalize, and | ||||||
3 | submit to the Governor and the General Assembly the 2020 | ||||||
4 | Illinois Suicide Prevention Strategic Plan and appropriate | ||||||
5 | processes and outcome objectives for 10 overriding | ||||||
6 | recommendations and a timeline for reaching these objectives. | ||||||
7 | (b) The Plan shall include: | ||||||
8 | (1) recommendations from the most current National | ||||||
9 | Suicide Prevention Strategy; | ||||||
10 | (2) current research and experience into the | ||||||
11 | prevention of suicide; | ||||||
12 | (3) measures to encourage and assist health care | ||||||
13 | systems and primary care providers to include suicide | ||||||
14 | prevention as a core component of their services, | ||||||
15 | including, but not limited to, implementing the Zero | ||||||
16 | Suicide model; and | ||||||
17 | (4) additional elements as determined appropriate by | ||||||
18 | the Alliance. | ||||||
19 | The Alliance shall review the statutorily prescribed | ||||||
20 | missions of major State mental health, health, aging, and | ||||||
21 | school mental health programs and recommend, as necessary and | ||||||
22 | appropriate, statutory changes to include suicide prevention | ||||||
23 | in the missions and procedures of those programs. The Alliance | ||||||
24 | shall prepare a report of that review, including its | ||||||
25 | recommendations, and shall submit the report to the Department | ||||||
26 | for inclusion in its annual report to the Governor and the |
| |||||||
| |||||||
1 | General Assembly. | ||||||
2 | (c) The Director of Public Health shall appoint the | ||||||
3 | members of the Alliance. The membership of the Alliance shall | ||||||
4 | include, without limitation, representatives of statewide | ||||||
5 | organizations and other agencies that focus on the prevention | ||||||
6 | of suicide and the improvement of mental health treatment or | ||||||
7 | that provide suicide prevention or survivor support services. | ||||||
8 | Other disciplines that shall be considered for membership on | ||||||
9 | the Alliance include law enforcement, first responders | ||||||
10 | (including, but not limited to, emergency medical | ||||||
11 | dispatchers) , faith-based community leaders, universities, and | ||||||
12 | survivors of suicide (families and friends who have lost | ||||||
13 | persons to suicide) as well as consumers of services of these | ||||||
14 | agencies and organizations.
| ||||||
15 | (d) The Alliance shall meet at least 4 times a year, and | ||||||
16 | more as deemed necessary, in various sites statewide in order | ||||||
17 | to foster as much participation as possible. The Alliance, a | ||||||
18 | steering committee, and core members of the full committee | ||||||
19 | shall monitor and guide the definition and direction of the | ||||||
20 | goals of the full Alliance, shall review and approve | ||||||
21 | productions of the plan, and shall meet before the full | ||||||
22 | Alliance meetings.
| ||||||
23 | (Source: P.A. 101-331, eff. 8-9-19.) | ||||||
24 | Section 30. The Cannabis Regulation and Tax Act is amended | ||||||
25 | by changing Section 5-25 as follows: |
| |||||||
| |||||||
1 | (410 ILCS 705/5-25)
| ||||||
2 | Sec. 5-25. Department of Public Health to make health | ||||||
3 | warning recommendations. | ||||||
4 | (a) The Department of Public Health shall make | ||||||
5 | recommendations to the Department of Agriculture and the | ||||||
6 | Department of Financial and Professional Regulation on | ||||||
7 | appropriate health warnings for dispensaries and advertising, | ||||||
8 | which may apply to all cannabis products, including item-type | ||||||
9 | specific labeling or warning requirements, regulate the | ||||||
10 | facility where cannabis-infused products are made, regulate | ||||||
11 | cannabis-infused products as provided in subsection (e) of | ||||||
12 | Section 55-5, and facilitate the Adult Use Cannabis Health | ||||||
13 | Advisory Committee. | ||||||
14 | (b) An Adult Use Cannabis Health Advisory Committee is | ||||||
15 | hereby created and shall meet at least twice annually. The | ||||||
16 | Chairperson may schedule meetings more frequently upon his or | ||||||
17 | her initiative or upon the request of a Committee member. | ||||||
18 | Meetings may be held in person or by teleconference. The | ||||||
19 | Committee shall discuss and monitor changes in drug use data | ||||||
20 | in Illinois and the emerging science and medical information | ||||||
21 | relevant to the health effects associated with cannabis use | ||||||
22 | and may provide recommendations to the Department of Human | ||||||
23 | Services about public health awareness campaigns and messages. | ||||||
24 | The Committee shall include the following members appointed by | ||||||
25 | the Governor and shall represent the geographic, ethnic, and |
| |||||||
| |||||||
1 | racial diversity of the State: | ||||||
2 | (1) The Director of Public Health, or his or her | ||||||
3 | designee, who shall serve as the Chairperson. | ||||||
4 | (2) The Secretary of Human Services, or his or her | ||||||
5 | designee, who shall serve as the Co-Chairperson. | ||||||
6 | (3) A representative of the poison control center. | ||||||
7 | (4) A pharmacologist. | ||||||
8 | (5) A pulmonologist. | ||||||
9 | (6) An emergency room physician. | ||||||
10 | (7) An emergency medical technician, paramedic, | ||||||
11 | emergency medical dispatcher, or other first responder. | ||||||
12 | (8) A nurse practicing in a school-based setting. | ||||||
13 | (9) A psychologist. | ||||||
14 | (10) A neonatologist. | ||||||
15 | (11) An obstetrician-gynecologist. | ||||||
16 | (12) A drug epidemiologist. | ||||||
17 | (13) A medical toxicologist. | ||||||
18 | (14) An addiction psychiatrist. | ||||||
19 | (15) A pediatrician. | ||||||
20 | (16) A representative of a statewide professional | ||||||
21 | public health organization. | ||||||
22 | (17) A representative of a statewide hospital/health | ||||||
23 | system association. | ||||||
24 | (18) An individual registered as a patient in the | ||||||
25 | Compassionate Use of Medical Cannabis Program. | ||||||
26 | (19) An individual registered as a caregiver in the |
| |||||||
| |||||||
1 | Compassionate Use of Medical Cannabis Program. | ||||||
2 | (20) A representative of an organization focusing on | ||||||
3 | cannabis-related policy. | ||||||
4 | (21) A representative of an organization focusing on | ||||||
5 | the civil liberties of individuals who reside in Illinois. | ||||||
6 | (22) A representative of the criminal defense or civil | ||||||
7 | aid community of attorneys serving Disproportionately | ||||||
8 | Impacted Areas. | ||||||
9 | (23) A representative of licensed cannabis business | ||||||
10 | establishments. | ||||||
11 | (24) A Social Equity Applicant. | ||||||
12 | (25) A representative of a statewide community-based | ||||||
13 | substance use disorder treatment provider association. | ||||||
14 | (26) A representative of a statewide community-based | ||||||
15 | mental health treatment provider association. | ||||||
16 | (27) A representative of a community-based substance | ||||||
17 | use disorder treatment provider. | ||||||
18 | (28) A representative of a community-based mental | ||||||
19 | health treatment provider. | ||||||
20 | (29) A substance use disorder treatment patient | ||||||
21 | representative. | ||||||
22 | (30) A mental health treatment patient representative. | ||||||
23 | (c) The Committee shall provide a report by September 30, | ||||||
24 | 2021, and every year thereafter, to the General Assembly. The | ||||||
25 | Department of Public Health shall make the report available on | ||||||
26 | its website.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
2 | Section 35. The Methamphetamine Precursor Control Act is | ||||||
3 | amended by changing Section 5 as follows: | ||||||
4 | (720 ILCS 648/5) | ||||||
5 | Sec. 5. Purpose. The purpose of this Act is to reduce the | ||||||
6 | harm that methamphetamine manufacturing and manufacturers are | ||||||
7 | inflicting on individuals, families, communities, first | ||||||
8 | responders (including, but not limited to, emergency medical | ||||||
9 | dispatchers) , the economy, and the environment in Illinois, by | ||||||
10 | making it more difficult for persons engaged in the unlawful | ||||||
11 | manufacture of methamphetamine and related activities to | ||||||
12 | obtain methamphetamine's essential ingredient, ephedrine or | ||||||
13 | pseudoephedrine. It is the intent of the General Assembly that | ||||||
14 | this Act operate in tandem with and be interpreted as | ||||||
15 | consistent with federal laws and regulations relating to the | ||||||
16 | subject matter of this Act to the greatest extent possible.
| ||||||
17 | (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.) | ||||||
18 | Section 40. The Mental Health Court Treatment Act is | ||||||
19 | amended by changing Section 40 as follows: | ||||||
20 | (730 ILCS 168/40) | ||||||
21 | Sec. 40. Mental health court; Kane County. | ||||||
22 | (a) The mental health court currently operating in Kane |
| |||||||
| |||||||
1 | County is directed to demonstrate the impact of alternative | ||||||
2 | treatment court, crisis intervention training for first | ||||||
3 | responders (including, but not limited to, emergency medical | ||||||
4 | dispatchers) , and assisted outpatient treatment in reducing | ||||||
5 | the number of mentally ill people admitted into the | ||||||
6 | correctional system. The mental health court in Kane County is | ||||||
7 | authorized to cooperate with one or more accredited mental | ||||||
8 | health service providers to provide services to defendants as | ||||||
9 | directed by the mental health court. The mental health court | ||||||
10 | in Kane County is authorized to cooperate with one or more | ||||||
11 | institutions of higher education to publish peer-reviewed | ||||||
12 | studies of the outcomes generated by the mental health court. | ||||||
13 | (b) In this Section, "accredited mental health service | ||||||
14 | provider" refers to a provider of community mental health | ||||||
15 | services as authorized by subsection (d-5) of Section 3 of the | ||||||
16 | Community Services Act.
| ||||||
17 | (Source: P.A. 97-440, eff. 1-1-12.) | ||||||
18 | Section 45. The Workers' Occupational Diseases Act is | ||||||
19 | amended by changing Section 1 as follows:
| ||||||
20 | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
| ||||||
21 | Sec. 1. This Act shall be known and may be cited as the | ||||||
22 | "Workers'
Occupational Diseases Act".
| ||||||
23 | (a) The term "employer" as used in this Act shall be | ||||||
24 | construed to
be:
|
| |||||||
| |||||||
1 | 1. The State and each county, city, town, township, | ||||||
2 | incorporated
village, school district, body politic, or | ||||||
3 | municipal corporation
therein.
| ||||||
4 | 2. Every person, firm, public or private corporation, | ||||||
5 | including
hospitals, public service, eleemosynary, | ||||||
6 | religious or charitable
corporations or associations, who | ||||||
7 | has any person in service or under any
contract for hire, | ||||||
8 | express or implied, oral or written.
| ||||||
9 | 3. Where an employer operating under and subject to | ||||||
10 | the provisions
of this Act loans an employee to another | ||||||
11 | such employer and such loaned
employee sustains a | ||||||
12 | compensable occupational disease in the employment
of such | ||||||
13 | borrowing employer and where such borrowing employer does | ||||||
14 | not
provide or pay the benefits or payments due such | ||||||
15 | employee, such loaning
employer shall be liable to provide | ||||||
16 | or pay all benefits or payments due
such employee under | ||||||
17 | this Act and as to such employee the liability of
such | ||||||
18 | loaning and borrowing employers shall be joint and | ||||||
19 | several,
provided that such loaning employer shall in the | ||||||
20 | absence of agreement to
the contrary be entitled to | ||||||
21 | receive from such borrowing employer full
reimbursement | ||||||
22 | for all sums paid or incurred pursuant to this paragraph
| ||||||
23 | together with reasonable attorneys' fees and expenses in | ||||||
24 | any hearings
before the Illinois Workers' Compensation | ||||||
25 | Commission or in any action to secure such
reimbursement. | ||||||
26 | Where any benefit is provided or paid by such loaning
|
| |||||||
| |||||||
1 | employer, the employee shall have the duty of rendering | ||||||
2 | reasonable
co-operation in any hearings, trials or | ||||||
3 | proceedings in the case,
including such proceedings for | ||||||
4 | reimbursement.
| ||||||
5 | Where an employee files an Application for Adjustment | ||||||
6 | of Claim with
the Illinois Workers' Compensation | ||||||
7 | Commission alleging that his or her claim is covered by
| ||||||
8 | the provisions of the preceding paragraph, and joining | ||||||
9 | both the alleged
loaning and borrowing employers, they and | ||||||
10 | each of them, upon written
demand by the employee and | ||||||
11 | within 7 days after receipt of such demand,
shall have the | ||||||
12 | duty of filing with the Illinois Workers' Compensation | ||||||
13 | Commission a written
admission or denial of the allegation | ||||||
14 | that the claim is covered by the
provisions of the | ||||||
15 | preceding paragraph and in default of such filing or
if | ||||||
16 | any such denial be ultimately determined not to have been | ||||||
17 | bona fide
then the provisions of Paragraph K of Section 19 | ||||||
18 | of this Act shall
apply.
| ||||||
19 | An employer whose business or enterprise or a | ||||||
20 | substantial part
thereof consists of hiring, procuring or | ||||||
21 | furnishing employees to or for
other employers operating | ||||||
22 | under and subject to the provisions of this
Act for the | ||||||
23 | performance of the work of such other employers and who | ||||||
24 | pays
such employees their salary or wage notwithstanding | ||||||
25 | that they are doing
the work of such other employers shall | ||||||
26 | be deemed a loaning employer
within the meaning and |
| |||||||
| |||||||
1 | provisions of this Section.
| ||||||
2 | (b) The term "employee" as used in this Act, shall be | ||||||
3 | construed to
mean:
| ||||||
4 | 1. Every person in the service of the State, county, | ||||||
5 | city, town,
township, incorporated village or school | ||||||
6 | district, body politic or
municipal corporation therein, | ||||||
7 | whether by election, appointment or
contract of hire, | ||||||
8 | express or implied, oral or written, including any
| ||||||
9 | official of the State, or of any county, city, town, | ||||||
10 | township,
incorporated village, school district, body | ||||||
11 | politic or municipal
corporation therein and except any | ||||||
12 | duly appointed member of the fire
department in any city | ||||||
13 | whose population exceeds 500,000 according to the
last | ||||||
14 | Federal or State census, and except any member of a fire | ||||||
15 | insurance
patrol maintained by a board of underwriters in | ||||||
16 | this State. One employed
by a contractor who has | ||||||
17 | contracted with the State, or a county, city,
town, | ||||||
18 | township, incorporated village, school district, body | ||||||
19 | politic or
municipal corporation therein, through its | ||||||
20 | representatives, shall not be
considered as an employee of | ||||||
21 | the State, county, city, town, township,
incorporated | ||||||
22 | village, school district, body politic or municipal
| ||||||
23 | corporation which made the contract.
| ||||||
24 | 2. Every person in the service of another under any | ||||||
25 | contract of
hire, express or implied, oral or written, who | ||||||
26 | contracts an occupational
disease while working in the |
| |||||||
| |||||||
1 | State of Illinois, or who contracts an
occupational | ||||||
2 | disease while working outside of the State of Illinois but
| ||||||
3 | where the contract of hire is made within the State of | ||||||
4 | Illinois, and any
person whose employment is principally | ||||||
5 | localized within the State of
Illinois, regardless of the | ||||||
6 | place where the disease was contracted or
place where the | ||||||
7 | contract of hire was made, including aliens, and minors
| ||||||
8 | who, for the purpose of this Act, except Section 3 hereof, | ||||||
9 | shall be
considered the same and have the same power to | ||||||
10 | contract, receive
payments and give quittances therefor, | ||||||
11 | as adult employees. An employee
or his or her dependents | ||||||
12 | under this Act who shall have a cause of action
by reason | ||||||
13 | of an occupational disease, disablement or death arising | ||||||
14 | out
of and in the course of his or her employment may elect | ||||||
15 | or pursue
his or her remedy in the State where the disease | ||||||
16 | was contracted, or in the
State where the contract of hire | ||||||
17 | is made, or in the State where the
employment is | ||||||
18 | principally localized.
| ||||||
19 | (c) "Commission" means the Illinois Workers' Compensation | ||||||
20 | Commission created by the
Workers' Compensation Act, approved | ||||||
21 | July 9, 1951, as amended.
| ||||||
22 | (d) In this Act the term "Occupational Disease" means a | ||||||
23 | disease
arising out of and in the course of the employment or | ||||||
24 | which has become
aggravated and rendered disabling as a result | ||||||
25 | of the exposure of the
employment. Such aggravation shall | ||||||
26 | arise out of a risk peculiar to or
increased by the employment |
| |||||||
| |||||||
1 | and not common to the general public.
| ||||||
2 | A disease shall be deemed to arise out of the employment if | ||||||
3 | there is
apparent to the rational mind, upon consideration of | ||||||
4 | all the
circumstances, a causal connection between the | ||||||
5 | conditions under which
the work is performed and the | ||||||
6 | occupational disease. The disease need not
to have been | ||||||
7 | foreseen or expected but after its contraction it must
appear | ||||||
8 | to have had its origin or aggravation in a risk connected with
| ||||||
9 | the employment and to have flowed from that source as a | ||||||
10 | rational
consequence.
| ||||||
11 | An employee shall be conclusively deemed to have been | ||||||
12 | exposed to the
hazards of an occupational disease when, for | ||||||
13 | any length of time however
short, he or she is employed in an | ||||||
14 | occupation or process in which the
hazard of the disease | ||||||
15 | exists; provided however, that in a claim of
exposure to | ||||||
16 | atomic radiation, the fact of such exposure must be verified
| ||||||
17 | by the records of the central registry of radiation exposure | ||||||
18 | maintained
by the Department of Public Health or by some other | ||||||
19 | recognized
governmental agency maintaining records of such | ||||||
20 | exposures whenever and
to the extent that the records are on | ||||||
21 | file with the Department of Public
Health or the agency. | ||||||
22 | Any injury to or disease or death of an employee arising | ||||||
23 | from the administration of a vaccine, including without | ||||||
24 | limitation smallpox vaccine, to prepare for, or as a response | ||||||
25 | to, a threatened or potential bioterrorist incident to the | ||||||
26 | employee as part of a voluntary inoculation program in |
| |||||||
| |||||||
1 | connection with the person's employment or in connection with | ||||||
2 | any governmental program or recommendation for the inoculation | ||||||
3 | of workers in the employee's occupation, geographical area, or | ||||||
4 | other category that includes the employee is deemed to arise | ||||||
5 | out of and in the course of the employment for all purposes | ||||||
6 | under this Act. This paragraph added by Public Act 93-829 is | ||||||
7 | declarative of existing law and is not a new enactment.
| ||||||
8 | The employer liable for the compensation in this Act | ||||||
9 | provided shall
be the employer in whose employment the | ||||||
10 | employee was last exposed to the
hazard of the occupational | ||||||
11 | disease claimed upon regardless of the length
of time of such | ||||||
12 | last exposure, except, in cases of silicosis or
asbestosis, | ||||||
13 | the only employer liable shall be the last employer in whose
| ||||||
14 | employment the employee was last exposed during a period of 60 | ||||||
15 | days or
more after the effective date of this Act, to the | ||||||
16 | hazard of such
occupational disease, and, in such cases, an | ||||||
17 | exposure during a period of
less than 60 days, after the | ||||||
18 | effective date of this Act, shall not be
deemed a last | ||||||
19 | exposure. If a miner who is suffering or suffered from
| ||||||
20 | pneumoconiosis was employed for 10 years or more in one or more | ||||||
21 | coal
mines there shall, effective July 1, 1973 be a rebuttable | ||||||
22 | presumption
that his or her pneumoconiosis arose out of such | ||||||
23 | employment.
| ||||||
24 | If a deceased miner was employed for 10 years or more in | ||||||
25 | one or more
coal mines and died from a respirable disease there | ||||||
26 | shall, effective
July 1, 1973, be a rebuttable presumption |
| |||||||
| |||||||
1 | that his or her death was due
to pneumoconiosis.
| ||||||
2 | Any condition or impairment of health of an employee | ||||||
3 | employed as a
firefighter, emergency medical technician (EMT), | ||||||
4 | emergency medical technician-intermediate (EMT-I), advanced | ||||||
5 | emergency medical technician (A-EMT), or paramedic which | ||||||
6 | results
directly or indirectly from any bloodborne pathogen, | ||||||
7 | lung or respiratory
disease
or
condition, heart
or vascular | ||||||
8 | disease or condition, hypertension, tuberculosis, or cancer
| ||||||
9 | resulting
in any disability (temporary, permanent, total, or | ||||||
10 | partial) to the employee
shall be rebuttably presumed to arise | ||||||
11 | out of and in the course of the
employee's firefighting, EMT, | ||||||
12 | EMT-I, A-EMT, or paramedic employment and, further, shall be
| ||||||
13 | rebuttably presumed to be causally connected to the hazards or | ||||||
14 | exposures of
the employment. This presumption shall also apply | ||||||
15 | to any hernia or hearing
loss suffered by an employee employed | ||||||
16 | as a firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, | ||||||
17 | this presumption shall not apply to any employee who has been | ||||||
18 | employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic for | ||||||
19 | less than 5 years at the time he or she files an Application | ||||||
20 | for Adjustment of Claim concerning this condition or | ||||||
21 | impairment with the Illinois Workers' Compensation Commission. | ||||||
22 | The rebuttable presumption established under this subsection, | ||||||
23 | however, does not apply to an emergency medical technician | ||||||
24 | (EMT), emergency medical technician-intermediate (EMT-I), | ||||||
25 | advanced emergency medical technician (A-EMT), or paramedic | ||||||
26 | employed by a private employer if the employee spends the |
| |||||||
| |||||||
1 | preponderance of his or her work time for that employer | ||||||
2 | engaged in medical transfers between medical care facilities | ||||||
3 | or non-emergency medical transfers to or from medical care | ||||||
4 | facilities. The changes made to this subsection by this | ||||||
5 | amendatory Act of the 98th General Assembly shall be narrowly | ||||||
6 | construed. The Finding and Decision of the Illinois Workers' | ||||||
7 | Compensation Commission under only the rebuttable presumption | ||||||
8 | provision of this paragraph shall not be admissible or be | ||||||
9 | deemed res judicata in any disability claim under the Illinois | ||||||
10 | Pension Code arising out of the same medical condition; | ||||||
11 | however, this sentence makes no change to the law set forth in | ||||||
12 | Krohe v. City of Bloomington, 204 Ill.2d 392.
| ||||||
13 | The insurance carrier liable shall be the carrier whose | ||||||
14 | policy was in
effect covering the employer liable on the last | ||||||
15 | day of the exposure
rendering such employer liable in | ||||||
16 | accordance with the provisions of this
Act.
| ||||||
17 | (e) "Disablement" means an impairment or partial | ||||||
18 | impairment,
temporary or permanent, in the function of the | ||||||
19 | body or any of the
members of the body, or the event of | ||||||
20 | becoming disabled from earning full
wages at the work in which | ||||||
21 | the employee was engaged when last exposed to
the hazards of | ||||||
22 | the occupational disease by the employer from whom he or
she | ||||||
23 | claims compensation, or equal wages in other suitable | ||||||
24 | employment;
and "disability" means the state of being so | ||||||
25 | incapacitated.
| ||||||
26 | (f) No compensation shall be payable for or on account of |
| |||||||
| |||||||
1 | any
occupational disease unless disablement, as herein | ||||||
2 | defined, occurs
within two years after the last day of the last | ||||||
3 | exposure to the hazards
of the disease, except in cases of | ||||||
4 | occupational disease caused by
berylliosis or by the | ||||||
5 | inhalation of silica dust or asbestos dust and, in
such cases, | ||||||
6 | within 3 years after the last day of the last exposure to
the | ||||||
7 | hazards of such disease and except in the case of occupational
| ||||||
8 | disease caused by exposure to radiological materials or | ||||||
9 | equipment, and
in such case, within 25 years after the last day | ||||||
10 | of last exposure to the
hazards of such disease.
| ||||||
11 | (g)(1) In any proceeding before the Commission in which | ||||||
12 | the employee is a COVID-19 first responder or front-line | ||||||
13 | worker as defined in this subsection, if the employee's injury | ||||||
14 | or occupational disease resulted from exposure to and | ||||||
15 | contraction of COVID-19, the exposure and contraction shall be | ||||||
16 | rebuttably presumed to have arisen out of and in the course of | ||||||
17 | the employee's first responder or front-line worker employment | ||||||
18 | and the injury or occupational disease shall be rebuttably | ||||||
19 | presumed to be causally connected to the hazards or exposures | ||||||
20 | of the employee's first responder or front-line worker | ||||||
21 | employment. | ||||||
22 | (2) The term "COVID-19 first responder or front-line | ||||||
23 | worker" means: all individuals employed as police, fire | ||||||
24 | personnel, emergency medical technicians, or paramedics; all | ||||||
25 | individuals employed and considered as first responders | ||||||
26 | (including, but not limited to, emergency medical |
| |||||||
| |||||||
1 | dispatchers) ; all workers for health care providers, including | ||||||
2 | nursing homes and rehabilitation facilities and home care | ||||||
3 | workers; corrections officers; and any individuals employed by | ||||||
4 | essential businesses and operations as defined in Executive | ||||||
5 | Order 2020-10 dated March 20, 2020, as long as individuals | ||||||
6 | employed by essential businesses and operations are required | ||||||
7 | by their employment to encounter members of the general public | ||||||
8 | or to work in employment locations of more than 15 employees. | ||||||
9 | For purposes of this subsection only, an employee's home or | ||||||
10 | place of residence is not a place of employment, except for | ||||||
11 | home care workers. | ||||||
12 | (3) The presumption created in this subsection may be | ||||||
13 | rebutted by evidence, including, but not limited to, the | ||||||
14 | following: | ||||||
15 | (A) the employee was working from his or her home, on | ||||||
16 | leave from his or her employment, or some combination | ||||||
17 | thereof, for a period of 14 or more consecutive days | ||||||
18 | immediately prior to the employee's injury, occupational | ||||||
19 | disease, or period of incapacity resulted from exposure to | ||||||
20 | COVID-19; or | ||||||
21 | (B) the employer was engaging in and applying to the | ||||||
22 | fullest extent possible or enforcing to the best of its | ||||||
23 | ability industry-specific workplace sanitation, social | ||||||
24 | distancing, and health and safety practices based on | ||||||
25 | updated guidance issued by the Centers for Disease Control | ||||||
26 | and Prevention or Illinois Department of Public Health or |
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1 | was using a combination of administrative controls, | ||||||
2 | engineering controls, or personal protective equipment to | ||||||
3 | reduce the transmission of COVID-19 to all employees for | ||||||
4 | at least 14 consecutive days prior to the employee's | ||||||
5 | injury, occupational disease, or period of incapacity | ||||||
6 | resulting from exposure to COVID-19. For purposes of this | ||||||
7 | subsection, "updated" means the guidance in effect at | ||||||
8 | least 14 days prior to the COVID-19 diagnosis. For | ||||||
9 | purposes of this subsection, "personal protective | ||||||
10 | equipment" means industry-specific equipment worn to | ||||||
11 | minimize exposure to hazards that cause illnesses or | ||||||
12 | serious injuries, which may result from contact with | ||||||
13 | biological, chemical, radiological, physical, electrical, | ||||||
14 | mechanical, or other workplace hazards. "Personal | ||||||
15 | protective equipment" includes, but is not limited to, | ||||||
16 | items such as face coverings, gloves, safety glasses, | ||||||
17 | safety face shields, barriers, shoes, earplugs or muffs, | ||||||
18 | hard hats, respirators, coveralls, vests, and full body | ||||||
19 | suits; or | ||||||
20 | (C) the employee was exposed to COVID-19 by an | ||||||
21 | alternate source. | ||||||
22 | (4) The rebuttable presumption created in this subsection | ||||||
23 | applies to all cases tried after June 5, 2020 (the effective | ||||||
24 | date of Public Act 101-633) and in which the diagnosis of | ||||||
25 | COVID-19 was made on or after March 9, 2020 and on or before | ||||||
26 | June 30, 2021 (including the period between December 31, 2020 |
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1 | and the effective date of this amendatory Act of the 101st | ||||||
2 | General Assembly). | ||||||
3 | (5) Under no circumstances shall any COVID-19 case | ||||||
4 | increase or affect any employer's workers' compensation | ||||||
5 | insurance experience rating or modification, but COVID-19 | ||||||
6 | costs may be included in determining overall State loss costs. | ||||||
7 | (6) In order for the presumption created in this | ||||||
8 | subsection to apply at trial, for COVID-19 diagnoses occurring | ||||||
9 | on or before June 15, 2020, an employee must provide a | ||||||
10 | confirmed medical diagnosis by a licensed medical practitioner | ||||||
11 | or a positive laboratory test for COVID-19 or for COVID-19 | ||||||
12 | antibodies; for COVID-19 diagnoses occurring after June 15, | ||||||
13 | 2020, an employee must provide a positive laboratory test for | ||||||
14 | COVID-19 or for COVID-19 antibodies. | ||||||
15 | (7) The presumption created in this subsection does not | ||||||
16 | apply if the employee's place of employment was solely the | ||||||
17 | employee's home or residence for a period of 14 or more | ||||||
18 | consecutive days immediately prior to the employee's injury, | ||||||
19 | occupational disease, or period of incapacity resulted from | ||||||
20 | exposure to COVID-19. | ||||||
21 | (8) The date of injury or the beginning of the employee's | ||||||
22 | occupational disease or period of disability is either the | ||||||
23 | date that the employee was unable to work due to contraction of | ||||||
24 | COVID-19 or was unable to work due to symptoms that were later | ||||||
25 | diagnosed as COVID-19, whichever came first. | ||||||
26 | (9) An employee who contracts COVID-19, but fails to |
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1 | establish the rebuttable presumption is not precluded from | ||||||
2 | filing for compensation under this Act or under the Workers' | ||||||
3 | Compensation Act. | ||||||
4 | (10) To qualify for temporary total disability benefits | ||||||
5 | under the presumption created in this subsection, the employee | ||||||
6 | must be certified for or recertified for temporary disability. | ||||||
7 | (11) An employer is entitled to a credit against any | ||||||
8 | liability for temporary total disability due to an employee as | ||||||
9 | a result of the employee contracting COVID-19 for (A) any sick | ||||||
10 | leave benefits or extended salary benefits paid to the | ||||||
11 | employee by the employer under Emergency Family Medical Leave | ||||||
12 | Expansion Act, Emergency Paid Sick Leave Act of the Families | ||||||
13 | First Coronavirus Response Act, or any other federal law, or | ||||||
14 | (B) any other credit to which an employer is entitled under the | ||||||
15 | Workers' Compensation Act. | ||||||
16 | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
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