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1 | AN ACT concerning regulation.
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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 Community-Integrated Living Arrangements | ||||||||||||||||||||||||
5 | Licensure and
Certification Act is amended by adding Section | ||||||||||||||||||||||||
6 | 9.5 as follows: | ||||||||||||||||||||||||
7 | (210 ILCS 135/9.5 new) | ||||||||||||||||||||||||
8 | Sec. 9.5. Community Regulatory Advisory Board. | ||||||||||||||||||||||||
9 | (a) The Director of the Division of Developmental | ||||||||||||||||||||||||
10 | Disabilities within the Department shall appoint a Community | ||||||||||||||||||||||||
11 | Regulatory Advisory Board to consult with the Department as | ||||||||||||||||||||||||
12 | provided in this Section. | ||||||||||||||||||||||||
13 | (b) The Advisory Board shall be composed of the following | ||||||||||||||||||||||||
14 | persons: | ||||||||||||||||||||||||
15 | (1) The Director of the Division of Developmental | ||||||||||||||||||||||||
16 | Disabilities, who shall serve as an ex officio, non-voting | ||||||||||||||||||||||||
17 | member and shall serve as chairperson of the Advisory | ||||||||||||||||||||||||
18 | Board. | ||||||||||||||||||||||||
19 | (2) One representative of the Department of Healthcare | ||||||||||||||||||||||||
20 | and Family Services and one representative of the Office of | ||||||||||||||||||||||||
21 | the State Fire Marshal, each of whom shall serve as a | ||||||||||||||||||||||||
22 | non-voting member. | ||||||||||||||||||||||||
23 | (3) A physician licensed to practice medicine in all |
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1 | its branches. | ||||||
2 | (4) A behavioral specialist, selected from | ||||||
3 | recommendations of the Department of Human Services. | ||||||
4 | (5) Four persons selected from recommendations of | ||||||
5 | organizations whose membership consists of | ||||||
6 | community-integrated living arrangement providers. | ||||||
7 | (6) One person who represents the general public and | ||||||
8 | who has no responsibility for management or formation of | ||||||
9 | policy in connection with a community-integrated living | ||||||
10 | arrangement program and no financial interest in a | ||||||
11 | community-integrated living arrangement program. | ||||||
12 | (7) Two persons who receive community-integrated | ||||||
13 | living arrangement services and are capable of actively | ||||||
14 | participating on the Advisory Board. | ||||||
15 | (8) One person selected from recommendations of | ||||||
16 | consumer organizations that engage solely in advocacy or | ||||||
17 | legal representation on behalf of individuals with | ||||||
18 | developmental disabilities and their immediate families. | ||||||
19 | (c) The Advisory Board shall meet as frequently as the | ||||||
20 | chairperson deems necessary, but not less than 4 times each | ||||||
21 | year. Upon request of 4 or more members, the chairperson shall | ||||||
22 | call a meeting of the Advisory Board. The affirmative vote of 6 | ||||||
23 | members of the Advisory Board shall be necessary for Advisory | ||||||
24 | Board action. A member of the Advisory Board may designate a | ||||||
25 | replacement to serve at an Advisory Board meeting and vote in | ||||||
26 | place of the member by submitting a letter of designation to |
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1 | the chairperson before or at the Advisory Board meeting. | ||||||
2 | (d) The Advisory Board shall advise the Department of Human | ||||||
3 | Services on all aspects of the Department's responsibilities | ||||||
4 | under this Act, including the format and content of any rules | ||||||
5 | proposed by the Division of Developmental Disabilities within | ||||||
6 | the Department, as requested by the Department. Except for (i) | ||||||
7 | an emergency rule adopted pursuant to Section 5-45 of the | ||||||
8 | Illinois Administrative Procedure Act or (ii) a rule which the | ||||||
9 | Advisory Board is deemed to have approved as provided in | ||||||
10 | subsection (f), no rule of the Department implementing this Act | ||||||
11 | that is proposed by the Department on or after the effective | ||||||
12 | date of this amendatory Act of the 98th General Assembly is | ||||||
13 | valid or effective against any person or party, nor may it be | ||||||
14 | invoked by the Department for any purpose, unless the | ||||||
15 | Department has first sought the advice of the Advisory Board | ||||||
16 | with respect to that rule as provided in this Section. If the | ||||||
17 | Department fails to follow the advice of the Advisory Board in | ||||||
18 | proposing any rule implementing this Act, the Department shall, | ||||||
19 | before adopting that rule, transmit to the Advisory Board a | ||||||
20 | written explanation of the reason or reasons for the | ||||||
21 | Department's failure to follow the Advisory Board's advice. | ||||||
22 | (e) During its review of proposed rules as requested by the | ||||||
23 | Department, the Advisory Board shall analyze the economic | ||||||
24 | impact of those rules. | ||||||
25 | (f) If the Department requests the Advisory Board's advice | ||||||
26 | with respect to a proposed rule, and if the Advisory Board |
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1 | fails to advise the Department as to that proposed rule within | ||||||
2 | 90 days after the Department's request, the Advisory Board | ||||||
3 | shall be deemed to have given its approval of that proposed | ||||||
4 | rule. | ||||||
5 | (g) The Department shall provide staff and technical | ||||||
6 | support to the Advisory Board as necessary to enable the | ||||||
7 | Advisory Board to perform its functions under this Section.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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