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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | ARTICLE 1. | ||||||
5 | Section 1-1. This Article may be referred to as Lali's Law. | ||||||
6 | Section 1-5. The Pharmacy Practice Act is amended by adding | ||||||
7 | Section 19.1 as follows: | ||||||
8 | (225 ILCS 85/19.1 new) | ||||||
9 | Sec. 19.1. Dispensing naloxone antidotes. | ||||||
10 | (a) Due to the recent rise in opioid-related deaths in
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11 | Illinois and the existence of an opioid antagonist that can
| ||||||
12 | reverse the deadly effects of overdose, the General Assembly
| ||||||
13 | finds that in order to avoid further loss where possible, it is
| ||||||
14 | responsible to allow greater access of such an antagonist to
| ||||||
15 | those populations at risk of overdose. | ||||||
16 | (b) Notwithstanding any general or special law to the
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17 | contrary, a licensed pharmacist may dispense an opioid | ||||||
18 | antagonist
in accordance with written, standardized procedures | ||||||
19 | or
protocols developed by the Department with the Department of
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20 | Public Health and the Department of Human Services if the
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21 | procedures or protocols are filed at the pharmacy before
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1 | implementation and are available to the Department upon
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2 | request. | ||||||
3 | (c) Before dispensing an opioid antagonist pursuant to this
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4 | Section, a pharmacist shall complete a training program
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5 | approved by the Department of Human Services pursuant to
| ||||||
6 | Section 5-23 of the Alcoholism and Other Drug Abuse and
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7 | Dependency Act. The training program shall include, but not be
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8 | limited to, proper documentation and quality assurance. | ||||||
9 | (d) For the purpose of this Section, "opioid antagonist" | ||||||
10 | means a drug that binds to opioid receptors and blocks or | ||||||
11 | inhibits the effect of opioids acting on those receptors, | ||||||
12 | including, but not limited to, naloxone hydrochloride or any | ||||||
13 | other similarly acting and equally safe drug approved by the | ||||||
14 | U.S. Food and Drug Administration for the treatment of drug | ||||||
15 | overdose. | ||||||
16 | ARTICLE 5. | ||||||
17 | Section 5-1. The Open Meetings Act is amended by changing | ||||||
18 | Section 2 as follows:
| ||||||
19 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||||
20 | Sec. 2. Open meetings.
| ||||||
21 | (a) Openness required. All meetings of public
bodies shall | ||||||
22 | be open to the public unless excepted in subsection (c)
and | ||||||
23 | closed in accordance with Section 2a.
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1 | (b) Construction of exceptions. The exceptions contained | ||||||
2 | in subsection
(c) are in derogation of the requirement that | ||||||
3 | public bodies
meet in the open, and therefore, the exceptions | ||||||
4 | are to be strictly
construed, extending only to subjects | ||||||
5 | clearly within their scope.
The exceptions authorize but do not | ||||||
6 | require the holding of
a closed meeting to discuss a subject | ||||||
7 | included within an enumerated exception.
| ||||||
8 | (c) Exceptions. A public body may hold closed meetings to | ||||||
9 | consider the
following subjects:
| ||||||
10 | (1) The appointment, employment, compensation, | ||||||
11 | discipline, performance,
or dismissal of specific | ||||||
12 | employees of the public body or legal counsel for
the | ||||||
13 | public body, including hearing
testimony on a complaint | ||||||
14 | lodged against an employee of the public body or
against | ||||||
15 | legal counsel for the public body to determine its | ||||||
16 | validity.
| ||||||
17 | (2) Collective negotiating matters between the public | ||||||
18 | body and its
employees or their representatives, or | ||||||
19 | deliberations concerning salary
schedules for one or more | ||||||
20 | classes of employees.
| ||||||
21 | (3) The selection of a person to fill a public office,
| ||||||
22 | as defined in this Act, including a vacancy in a public | ||||||
23 | office, when the public
body is given power to appoint | ||||||
24 | under law or ordinance, or the discipline,
performance or | ||||||
25 | removal of the occupant of a public office, when the public | ||||||
26 | body
is given power to remove the occupant under law or |
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1 | ordinance.
| ||||||
2 | (4) Evidence or testimony presented in open hearing, or | ||||||
3 | in closed
hearing where specifically authorized by law, to
| ||||||
4 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
5 | that the body
prepares and makes available for public | ||||||
6 | inspection a written decision
setting forth its | ||||||
7 | determinative reasoning.
| ||||||
8 | (5) The purchase or lease of real property for the use | ||||||
9 | of
the public body, including meetings held for the purpose | ||||||
10 | of discussing
whether a particular parcel should be | ||||||
11 | acquired.
| ||||||
12 | (6) The setting of a price for sale or lease of | ||||||
13 | property owned
by the public body.
| ||||||
14 | (7) The sale or purchase of securities, investments, or | ||||||
15 | investment
contracts. This exception shall not apply to the | ||||||
16 | investment of assets or income of funds deposited into the | ||||||
17 | Illinois Prepaid Tuition Trust Fund.
| ||||||
18 | (8) Security procedures and the use of personnel and
| ||||||
19 | equipment to respond to an actual, a threatened, or a | ||||||
20 | reasonably
potential danger to the safety of employees, | ||||||
21 | students, staff, the public, or
public
property.
| ||||||
22 | (9) Student disciplinary cases.
| ||||||
23 | (10) The placement of individual students in special | ||||||
24 | education
programs and other matters relating to | ||||||
25 | individual students.
| ||||||
26 | (11) Litigation, when an action against, affecting or |
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1 | on behalf of the
particular public body has been filed and | ||||||
2 | is pending before a court or
administrative tribunal, or | ||||||
3 | when the public body finds that an action is
probable or | ||||||
4 | imminent, in which case the basis for the finding shall be
| ||||||
5 | recorded and entered into the minutes of the closed | ||||||
6 | meeting.
| ||||||
7 | (12) The establishment of reserves or settlement of | ||||||
8 | claims as provided
in the Local Governmental and | ||||||
9 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
10 | disposition of a claim or potential claim might be
| ||||||
11 | prejudiced, or the review or discussion of claims, loss or | ||||||
12 | risk management
information, records, data, advice or | ||||||
13 | communications from or with respect
to any insurer of the | ||||||
14 | public body or any intergovernmental risk management
| ||||||
15 | association or self insurance pool of which the public body | ||||||
16 | is a member.
| ||||||
17 | (13) Conciliation of complaints of discrimination in | ||||||
18 | the sale or rental
of housing, when closed meetings are | ||||||
19 | authorized by the law or ordinance
prescribing fair housing | ||||||
20 | practices and creating a commission or
administrative | ||||||
21 | agency for their enforcement.
| ||||||
22 | (14) Informant sources, the hiring or assignment of | ||||||
23 | undercover personnel
or equipment, or ongoing, prior or | ||||||
24 | future criminal investigations, when
discussed by a public | ||||||
25 | body with criminal investigatory responsibilities.
| ||||||
26 | (15) Professional ethics or performance when |
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1 | considered by an advisory
body appointed to advise a | ||||||
2 | licensing or regulatory agency on matters
germane to the | ||||||
3 | advisory body's field of competence.
| ||||||
4 | (16) Self evaluation, practices and procedures or | ||||||
5 | professional ethics,
when meeting with a representative of | ||||||
6 | a statewide association of which the
public body is a | ||||||
7 | member.
| ||||||
8 | (17) The recruitment, credentialing, discipline or | ||||||
9 | formal peer review
of physicians or other
health care | ||||||
10 | professionals for a hospital, or
other institution | ||||||
11 | providing medical care, that is operated by the public | ||||||
12 | body.
| ||||||
13 | (18) Deliberations for decisions of the Prisoner | ||||||
14 | Review Board.
| ||||||
15 | (19) Review or discussion of applications received | ||||||
16 | under the
Experimental Organ Transplantation Procedures | ||||||
17 | Act.
| ||||||
18 | (20) The classification and discussion of matters | ||||||
19 | classified as
confidential or continued confidential by | ||||||
20 | the State Government Suggestion Award
Board.
| ||||||
21 | (21) Discussion of minutes of meetings lawfully closed | ||||||
22 | under this Act,
whether for purposes of approval by the | ||||||
23 | body of the minutes or semi-annual
review of the minutes as | ||||||
24 | mandated by Section 2.06.
| ||||||
25 | (22) Deliberations for decisions of the State
| ||||||
26 | Emergency Medical Services Disciplinary
Review Board.
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1 | (23) The operation by a municipality of a municipal | ||||||
2 | utility or the
operation of a
municipal power agency or | ||||||
3 | municipal natural gas agency when the
discussion involves | ||||||
4 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
5 | of electricity or natural gas or (ii) the results
or | ||||||
6 | conclusions of load forecast studies.
| ||||||
7 | (24) Meetings of a residential health care facility | ||||||
8 | resident sexual
assault and death review
team or
the | ||||||
9 | Executive
Council under the Abuse Prevention Review
Team | ||||||
10 | Act.
| ||||||
11 | (25) Meetings of an independent team of experts under | ||||||
12 | Brian's Law. | ||||||
13 | (26) Meetings of a mortality review team appointed | ||||||
14 | under the Department of Juvenile Justice Mortality Review | ||||||
15 | Team Act. | ||||||
16 | (27) (Blank). | ||||||
17 | (28) Correspondence and records (i) that may not be | ||||||
18 | disclosed under Section 11-9 of the Public Aid Code or (ii) | ||||||
19 | that pertain to appeals under Section 11-8 of the Public | ||||||
20 | Aid Code. | ||||||
21 | (29) Meetings between internal or external auditors | ||||||
22 | and governmental audit committees, finance committees, and | ||||||
23 | their equivalents, when the discussion involves internal | ||||||
24 | control weaknesses, identification of potential fraud risk | ||||||
25 | areas, known or suspected frauds, and fraud interviews | ||||||
26 | conducted in accordance with generally accepted auditing |
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1 | standards of the United States of America. | ||||||
2 | (30) Those meetings or portions of meetings of a | ||||||
3 | fatality review team or the Illinois Fatality Review Team | ||||||
4 | Advisory Council during which a review of the death of an | ||||||
5 | eligible adult in which abuse or neglect is suspected, | ||||||
6 | alleged, or substantiated is conducted pursuant to Section | ||||||
7 | 15 of the Adult Protective Services Act. | ||||||
8 | (31) Meetings and deliberations for decisions of the | ||||||
9 | Concealed Carry Licensing Review Board under the Firearm | ||||||
10 | Concealed Carry Act. | ||||||
11 | (32) Meetings between the Regional Transportation | ||||||
12 | Authority Board and its Service Boards when the discussion | ||||||
13 | involves review by the Regional Transportation Authority | ||||||
14 | Board of employment contracts under Section 28d of the | ||||||
15 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
16 | 3B.26 of the Regional Transportation Authority Act. | ||||||
17 | (33) Those meeting or portions of meetings of the | ||||||
18 | advisory committee and peer review subcommittee created | ||||||
19 | under Section 320 of the Illinois Controlled Substances Act | ||||||
20 | during which specific controlled substance prescriber, | ||||||
21 | dispenser, or patient information is discussed. | ||||||
22 | (d) Definitions. For purposes of this Section:
| ||||||
23 | "Employee" means a person employed by a public body whose | ||||||
24 | relationship
with the public body constitutes an | ||||||
25 | employer-employee relationship under
the usual common law | ||||||
26 | rules, and who is not an independent contractor.
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1 | "Public office" means a position created by or under the
| ||||||
2 | Constitution or laws of this State, the occupant of which is | ||||||
3 | charged with
the exercise of some portion of the sovereign | ||||||
4 | power of this State. The term
"public office" shall include | ||||||
5 | members of the public body, but it shall not
include | ||||||
6 | organizational positions filled by members thereof, whether
| ||||||
7 | established by law or by a public body itself, that exist to | ||||||
8 | assist the
body in the conduct of its business.
| ||||||
9 | "Quasi-adjudicative body" means an administrative body | ||||||
10 | charged by law or
ordinance with the responsibility to conduct | ||||||
11 | hearings, receive evidence or
testimony and make | ||||||
12 | determinations based
thereon, but does not include
local | ||||||
13 | electoral boards when such bodies are considering petition | ||||||
14 | challenges.
| ||||||
15 | (e) Final action. No final action may be taken at a closed | ||||||
16 | meeting.
Final action shall be preceded by a public recital of | ||||||
17 | the nature of the
matter being considered and other information | ||||||
18 | that will inform the
public of the business being conducted.
| ||||||
19 | (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; | ||||||
20 | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. | ||||||
21 | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. | ||||||
22 | 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; revised | ||||||
23 | 10-1-14.)
| ||||||
24 | Section 5-10. The State Employees Group Insurance Act of | ||||||
25 | 1971 is amended by changing Section 6.11 as follows:
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1 | (5 ILCS 375/6.11)
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2 | Sec. 6.11. Required health benefits; Illinois Insurance | ||||||
3 | Code
requirements. The program of health
benefits shall provide | ||||||
4 | the post-mastectomy care benefits required to be covered
by a | ||||||
5 | policy of accident and health insurance under Section 356t of | ||||||
6 | the Illinois
Insurance Code. The program of health benefits | ||||||
7 | shall provide the coverage
required under Sections 356g, | ||||||
8 | 356g.5, 356g.5-1, 356m,
356u, 356w, 356x, 356z.2, 356z.4, | ||||||
9 | 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, | ||||||
10 | 356z.14, 356z.15, 356z.17, and 356z.22 of the
Illinois | ||||||
11 | Insurance Code.
The program of health benefits must comply with | ||||||
12 | Sections 155.22a, 155.37, 355b, and 356z.19 , 370c, and 370c.1 | ||||||
13 | of the
Illinois Insurance Code.
| ||||||
14 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
15 | any, is conditioned on the rules being adopted in accordance | ||||||
16 | with all provisions of the Illinois Administrative Procedure | ||||||
17 | Act and all rules and procedures of the Joint Committee on | ||||||
18 | Administrative Rules; any purported rule not so adopted, for | ||||||
19 | whatever reason, is unauthorized. | ||||||
20 | (Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813, | ||||||
21 | eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15 .) | ||||||
22 | Section 5-15. The Alcoholism and Other Drug Abuse and | ||||||
23 | Dependency Act is amended by changing Section 5-23 and adding | ||||||
24 | Sections 5-24 and 20-20 as follows: |
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1 | (20 ILCS 301/5-23) | ||||||
2 | Sec. 5-23. Drug Overdose Prevention Program. | ||||||
3 | (a) Reports of drug overdose. | ||||||
4 | (1) The Director of the Division of Alcoholism and | ||||||
5 | Substance Abuse shall may publish annually a report on drug | ||||||
6 | overdose trends statewide that reviews State death rates | ||||||
7 | from available data to ascertain changes in the causes or | ||||||
8 | rates of fatal and nonfatal drug overdose for the preceding | ||||||
9 | period of not less than 5 years . The report shall also | ||||||
10 | provide information on interventions that would be | ||||||
11 | effective in reducing the rate of fatal or nonfatal drug | ||||||
12 | overdose and shall include an analysis of drug overdose | ||||||
13 | information reported to the Department of Public Health | ||||||
14 | pursuant to subsection (e) of Section 3-3013 of the | ||||||
15 | Counties Code, Section 6.14g of the Hospital Licensing Act, | ||||||
16 | and subsection (j) of Section 22-30 of the School Code . | ||||||
17 | (2) The report may include: | ||||||
18 | (A) Trends in drug overdose death rates. | ||||||
19 | (B) Trends in emergency room utilization related | ||||||
20 | to drug overdose and the cost impact of emergency room | ||||||
21 | utilization. | ||||||
22 | (C) Trends in utilization of pre-hospital and | ||||||
23 | emergency services and the cost impact of emergency | ||||||
24 | services utilization. | ||||||
25 | (D) Suggested improvements in data collection. |
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1 | (E) A description of other interventions effective | ||||||
2 | in reducing the rate of fatal or nonfatal drug | ||||||
3 | overdose. | ||||||
4 | (F) A description of efforts undertaken to educate | ||||||
5 | the public about unused medication and about how to | ||||||
6 | properly dispose of unused medication, including the | ||||||
7 | number of registered collection receptacles in this | ||||||
8 | State, mail-back programs, and drug take-back events. | ||||||
9 | (b) Programs; drug overdose prevention. | ||||||
10 | (1) The Director may establish a program to provide for | ||||||
11 | the production and publication, in electronic and other | ||||||
12 | formats, of drug overdose prevention, recognition, and | ||||||
13 | response literature. The Director may develop and | ||||||
14 | disseminate curricula for use by professionals, | ||||||
15 | organizations, individuals, or committees interested in | ||||||
16 | the prevention of fatal and nonfatal drug overdose, | ||||||
17 | including, but not limited to, drug users, jail and prison | ||||||
18 | personnel, jail and prison inmates, drug treatment | ||||||
19 | professionals, emergency medical personnel, hospital | ||||||
20 | staff, families and associates of drug users, peace | ||||||
21 | officers, firefighters, public safety officers, needle | ||||||
22 | exchange program staff, and other persons. In addition to | ||||||
23 | information regarding drug overdose prevention, | ||||||
24 | recognition, and response, literature produced by the | ||||||
25 | Department shall stress that drug use remains illegal and | ||||||
26 | highly dangerous and that complete abstinence from illegal |
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| |||||||
1 | drug use is the healthiest choice. The literature shall | ||||||
2 | provide information and resources for substance abuse | ||||||
3 | treatment. | ||||||
4 | The Director may establish or authorize programs for | ||||||
5 | prescribing, dispensing, or distributing opioid | ||||||
6 | antagonists naloxone hydrochloride or any other similarly | ||||||
7 | acting and equally safe drug approved by the U.S. Food and | ||||||
8 | Drug Administration for the treatment of drug overdose. | ||||||
9 | Such programs may include the prescribing of opioid | ||||||
10 | antagonists naloxone hydrochloride or any other similarly | ||||||
11 | acting and equally safe drug approved by the U.S. Food and | ||||||
12 | Drug Administration for the treatment of drug overdose to a | ||||||
13 | person who is not at risk of opioid overdose but who, in | ||||||
14 | the judgment of the health care professional, may be in a | ||||||
15 | position to assist another individual during an | ||||||
16 | opioid-related drug overdose and who has received basic | ||||||
17 | instruction on how to administer an opioid antagonist and | ||||||
18 | education about administration by individuals who are not | ||||||
19 | personally at risk of opioid overdose . | ||||||
20 | (2) The Director may provide advice to State and local | ||||||
21 | officials on the growing drug overdose crisis, including | ||||||
22 | the prevalence of drug overdose incidents, programs | ||||||
23 | promoting the disposal of unused prescription drugs, | ||||||
24 | trends in drug overdose incidents, and solutions to the | ||||||
25 | drug overdose crisis. | ||||||
26 | (c) Grants. |
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1 | (1) The Director may award grants, in accordance with | ||||||
2 | this subsection, to create or support local drug overdose | ||||||
3 | prevention, recognition, and response projects. Local | ||||||
4 | health departments, correctional institutions, hospitals, | ||||||
5 | universities, community-based organizations, and | ||||||
6 | faith-based organizations may apply to the Department for a | ||||||
7 | grant under this subsection at the time and in the manner | ||||||
8 | the Director prescribes. | ||||||
9 | (2) In awarding grants, the Director shall consider the | ||||||
10 | necessity for overdose prevention projects in various | ||||||
11 | settings and shall encourage all grant applicants to | ||||||
12 | develop interventions that will be effective and viable in | ||||||
13 | their local areas. | ||||||
14 | (3) The Director shall give preference for grants to | ||||||
15 | proposals that, in addition to providing life-saving | ||||||
16 | interventions and responses, provide information to drug | ||||||
17 | users on how to access drug treatment or other strategies | ||||||
18 | for abstaining from illegal drugs. The Director shall give | ||||||
19 | preference to proposals that include one or more of the | ||||||
20 | following elements: | ||||||
21 | (A) Policies and projects to encourage persons, | ||||||
22 | including drug users, to call 911 when they witness a | ||||||
23 | potentially fatal drug overdose. | ||||||
24 | (B) Drug overdose prevention, recognition, and | ||||||
25 | response education projects in drug treatment centers, | ||||||
26 | outreach programs, and other organizations that work |
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1 | with, or have access to, drug users and their families | ||||||
2 | and communities. | ||||||
3 | (C) Drug overdose recognition and response | ||||||
4 | training, including rescue breathing, in drug | ||||||
5 | treatment centers and for other organizations that | ||||||
6 | work with, or have access to, drug users and their | ||||||
7 | families and communities. | ||||||
8 | (D) The production and distribution of targeted or | ||||||
9 | mass media materials on drug overdose prevention and | ||||||
10 | response , the potential dangers of keeping unused | ||||||
11 | prescription drugs in the home, and methods to properly | ||||||
12 | dispose of unused prescription drugs . | ||||||
13 | (E) Prescription and distribution of opioid | ||||||
14 | antagonists naloxone hydrochloride or any other | ||||||
15 | similarly acting and equally safe drug approved by the | ||||||
16 | U.S. Food and Drug Administration for the treatment of | ||||||
17 | drug overdose . | ||||||
18 | (F) The institution of education and training | ||||||
19 | projects on drug overdose response and treatment for | ||||||
20 | emergency services and law enforcement personnel. | ||||||
21 | (G) A system of parent, family, and survivor | ||||||
22 | education and mutual support groups. | ||||||
23 | (4) In addition to moneys appropriated by the General | ||||||
24 | Assembly, the Director may seek grants from private | ||||||
25 | foundations, the federal government, and other sources to | ||||||
26 | fund the grants under this Section and to fund an |
| |||||||
| |||||||
1 | evaluation of the programs supported by the grants. | ||||||
2 | (d) Health care professional prescription of opioid | ||||||
3 | antagonists drug overdose treatment medication . | ||||||
4 | (1) A health care professional who, acting in good | ||||||
5 | faith, directly or by standing order, prescribes or | ||||||
6 | dispenses an opioid antagonist antidote to : (a) a patient | ||||||
7 | who, in the judgment of the health care professional, is | ||||||
8 | capable of administering the drug in an emergency, or (b) a | ||||||
9 | person who is not at risk of opioid overdose but who, in | ||||||
10 | the judgment of the health care professional, may be in a | ||||||
11 | position to assist another individual during an | ||||||
12 | opioid-related drug overdose and who has received basic | ||||||
13 | instruction on how to administer an opioid antagonist shall | ||||||
14 | not, as a result of his or her acts or omissions, be | ||||||
15 | subject to : (i) any disciplinary or other adverse action | ||||||
16 | under the Medical Practice Act of 1987, the Physician | ||||||
17 | Assistant Practice Act of 1987, the Nurse Practice Act, the | ||||||
18 | Pharmacy Practice Act, or any other professional licensing | ||||||
19 | statute or (ii) any criminal liability, except for willful | ||||||
20 | and wanton misconduct . | ||||||
21 | (2) A person who is not otherwise licensed to | ||||||
22 | administer an opioid antagonist antidote may in an | ||||||
23 | emergency administer without fee an opioid antagonist | ||||||
24 | antidote if the person has received the patient information | ||||||
25 | specified in paragraph (4) of this subsection and believes | ||||||
26 | in good faith that another person is experiencing a drug |
| |||||||
| |||||||
1 | overdose. The person shall not, as a result of his or her | ||||||
2 | acts or omissions, be (i) liable for any violation of the | ||||||
3 | Medical Practice Act of 1987, the Physician Assistant | ||||||
4 | Practice Act of 1987, the Nurse Practice Act, the Pharmacy | ||||||
5 | Practice Act, or any other professional licensing statute, | ||||||
6 | or (ii) subject to any criminal prosecution or civil | ||||||
7 | liability, except for willful and wanton misconduct | ||||||
8 | arising from or related to the unauthorized practice of | ||||||
9 | medicine or the possession of an opioid antidote . | ||||||
10 | (3) A health care professional prescribing an opioid | ||||||
11 | antagonist antidote to a patient shall ensure that the | ||||||
12 | patient receives the patient information specified in | ||||||
13 | paragraph (4) of this subsection. Patient information may | ||||||
14 | be provided by the health care professional or a | ||||||
15 | community-based organization, substance abuse program, or | ||||||
16 | other organization with which the health care professional | ||||||
17 | establishes a written agreement that includes a | ||||||
18 | description of how the organization will provide patient | ||||||
19 | information, how employees or volunteers providing | ||||||
20 | information will be trained, and standards for documenting | ||||||
21 | the provision of patient information to patients. | ||||||
22 | Provision of patient information shall be documented in the | ||||||
23 | patient's medical record or through similar means as | ||||||
24 | determined by agreement between the health care | ||||||
25 | professional and the organization. The Director of the | ||||||
26 | Division of Alcoholism and Substance Abuse, in |
| |||||||
| |||||||
1 | consultation with statewide organizations representing | ||||||
2 | physicians, pharmacists, advanced practice nurses, | ||||||
3 | physician assistants, substance abuse programs, and other | ||||||
4 | interested groups, shall develop and disseminate to health | ||||||
5 | care professionals, community-based organizations, | ||||||
6 | substance abuse programs, and other organizations training | ||||||
7 | materials in video, electronic, or other formats to | ||||||
8 | facilitate the provision of such patient information. | ||||||
9 | (4) For the purposes of this subsection: | ||||||
10 | "Opioid antagonist antidote " means a drug that binds to | ||||||
11 | opioid receptors and blocks or inhibits the effect of | ||||||
12 | opioids acting on those receptors, including, but not | ||||||
13 | limited to naloxone hydrochloride or any other similarly | ||||||
14 | acting and equally safe drug approved by the U.S. Food and | ||||||
15 | Drug Administration for the treatment of drug overdose . | ||||||
16 | "Health care professional" means a physician licensed | ||||||
17 | to practice medicine in all its branches, a physician | ||||||
18 | assistant who has been delegated prescriptive authority | ||||||
19 | the prescription or dispensation of an opioid antidote by | ||||||
20 | his or her supervising physician, an advanced practice | ||||||
21 | registered nurse who has a written collaborative agreement | ||||||
22 | with a collaborating physician that authorizes | ||||||
23 | prescriptive authority the prescription or dispensation of | ||||||
24 | an opioid antidote , or an advanced practice nurse or | ||||||
25 | physician assistant who practices in a hospital , hospital | ||||||
26 | affiliate, or ambulatory surgical treatment center and |
| |||||||
| |||||||
1 | possesses appropriate clinical privileges in accordance | ||||||
2 | with the Nurse Practice Act or a pharmacist licensed to | ||||||
3 | practice pharmacy under the Pharmacy Practice Act . | ||||||
4 | "Patient" includes a person who is not at risk of | ||||||
5 | opioid overdose but who, in the judgment of the physician, | ||||||
6 | may be in a position to assist another individual during an | ||||||
7 | overdose and who has received patient information as | ||||||
8 | required in paragraph (2) of this subsection on the | ||||||
9 | indications for and administration of an opioid antagonist | ||||||
10 | antidote . | ||||||
11 | "Patient information" includes information provided to | ||||||
12 | the patient on drug overdose prevention and recognition; | ||||||
13 | how to perform rescue breathing and resuscitation; opioid | ||||||
14 | antagonist antidote dosage and administration; the | ||||||
15 | importance of calling 911; care for the overdose victim | ||||||
16 | after administration of the overdose antagonist antidote ; | ||||||
17 | and other issues as necessary.
| ||||||
18 | (e) Drug overdose response policy. | ||||||
19 | (1) Every State and local government agency that | ||||||
20 | employs a law enforcement officer or fireman as those terms | ||||||
21 | are defined in the Line of Duty Compensation Act must | ||||||
22 | possess opioid antagonists and must establish a policy to | ||||||
23 | control the acquisition, storage, transportation, and | ||||||
24 | administration of such opioid antagonists and to provide | ||||||
25 | training in the administration of opioid antagonists. A | ||||||
26 | State or local government agency that employs a fireman as |
| |||||||
| |||||||
1 | defined in the Line of Duty Compensation Act but does not | ||||||
2 | respond to emergency medical calls or provide medical | ||||||
3 | services shall be exempt from this subsection. | ||||||
4 | (2) Every publicly or privately owned ambulance, | ||||||
5 | special emergency medical services vehicle, non-transport | ||||||
6 | vehicle, or ambulance assist vehicle, as described in the | ||||||
7 | Emergency Medical Services (EMS) Systems Act, which | ||||||
8 | responds to requests for emergency services or transports | ||||||
9 | patients between hospitals in emergency situations must | ||||||
10 | possess opioid antagonists. | ||||||
11 | (3) Entities that are required under paragraphs (1) and | ||||||
12 | (2) to possess opioid antagonists may also apply to the | ||||||
13 | Department for a grant to fund the acquisition of opioid | ||||||
14 | antagonists and training programs on the administration of | ||||||
15 | opioid antagonists. | ||||||
16 | (Source: P.A. 96-361, eff. 1-1-10.) | ||||||
17 | (20 ILCS 301/5-24 new) | ||||||
18 | Sec. 5-24. Opiate prescriptions; educational materials. | ||||||
19 | The Department shall develop educational materials to educate | ||||||
20 | holders of opiate prescriptions about the dangers of children | ||||||
21 | and teens gaining access to these medications. The materials | ||||||
22 | shall include information regarding the means by which the | ||||||
23 | abuse of opiate prescriptions can lead to the illegal use of | ||||||
24 | heroin. The Department shall also develop a method of | ||||||
25 | distribution for such educational materials. |
| |||||||
| |||||||
1 | (20 ILCS 301/20-20 new) | ||||||
2 | Sec. 20-20. Immunity from prosecution; drugs; public | ||||||
3 | education program. The Department shall develop and implement a | ||||||
4 | public education program to educate the public about the | ||||||
5 | provisions set forth in Section 414 of the Illinois Controlled | ||||||
6 | Substances Act granting immunity from prosecution for drug | ||||||
7 | overdose victims or persons seeking help for drug overdose | ||||||
8 | victims if the only evidence for the possession charge was | ||||||
9 | obtained as a result of the person seeking or obtaining | ||||||
10 | emergency medical assistance. | ||||||
11 | Section 5-25. The Department of State Police Law is amended | ||||||
12 | by adding Section 2605-97 as follows: | ||||||
13 | (20 ILCS 2605/2605-97 new) | ||||||
14 | Sec. 2605-97. Training; opioid antagonists. The Department | ||||||
15 | shall conduct or approve a training program for State police | ||||||
16 | officers in the administration of opioid antagonists as defined | ||||||
17 | in paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
18 | Alcoholism and Other Drug Abuse and Dependency Act that is in | ||||||
19 | accordance with that Section. As used in this Section 2605-97, | ||||||
20 | the term "State police officers" includes full-time or | ||||||
21 | part-time State troopers, police officers, investigators, or | ||||||
22 | any other employee of the Department exercising the powers of a | ||||||
23 | peace officer. |
| |||||||
| |||||||
1 | Section 5-30. The Illinois Criminal Justice Information | ||||||
2 | Act is amended by changing Section 9.3 as follows: | ||||||
3 | (20 ILCS 3930/9.3) | ||||||
4 | Sec. 9.3. The Prescription Pill and Drug Disposal Fund. The | ||||||
5 | Prescription Pill and Drug Disposal Fund is created as a | ||||||
6 | special fund in the State treasury. Moneys in the Fund shall be | ||||||
7 | used for grants by the Illinois Criminal Justice Information | ||||||
8 | Authority to local law enforcement agencies for the purpose of | ||||||
9 | facilitating the collection, transportation, and incineration | ||||||
10 | of pharmaceuticals from residential sources that are collected | ||||||
11 | and transported by law enforcement agencies under Section 17.9A | ||||||
12 | of the Environmental Protection Act ; to municipalities or | ||||||
13 | organizations that establish containers designated for the | ||||||
14 | collection and disposal of unused controlled substances and | ||||||
15 | conduct collection of unused controlled substances through | ||||||
16 | mail-back programs; and for the publication or advertising of | ||||||
17 | collection events or mail-back programs conducted by | ||||||
18 | municipalities or organizations . Before awarding a grant from | ||||||
19 | this Fund but no later than July 1, 2016 2012 , the Authority | ||||||
20 | shall adopt rules that (i) specify the conditions under which | ||||||
21 | grants will be awarded from this Fund and (ii) otherwise | ||||||
22 | provide for the implementation and administration of the grant | ||||||
23 | program created by this Section. Interest attributable to | ||||||
24 | moneys in the Fund shall be paid into the Fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-545, eff. 1-1-12.) | ||||||
2 | Section 5-35. The State Finance Act is amended by adding | ||||||
3 | Section 5.866 as follows: | ||||||
4 | (30 ILCS 105/5.866 new) | ||||||
5 | Sec. 5.866. The Parity Education Fund. | ||||||
6 | Section 5-40. The Illinois Police Training Act is amended | ||||||
7 | by changing Section 7 and by adding Section 10.17 as follows:
| ||||||
8 | (50 ILCS 705/7) (from Ch. 85, par. 507)
| ||||||
9 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
10 | adopt rules and
minimum standards for such schools which shall | ||||||
11 | include but not be limited to
the following:
| ||||||
12 | a. The curriculum for probationary police officers which | ||||||
13 | shall be
offered by all certified schools shall include but not | ||||||
14 | be limited to
courses of arrest, search and seizure, civil | ||||||
15 | rights, human relations,
cultural
diversity, including racial | ||||||
16 | and ethnic sensitivity,
criminal law, law of criminal | ||||||
17 | procedure, vehicle and traffic law including
uniform and | ||||||
18 | non-discriminatory enforcement of the Illinois Vehicle Code,
| ||||||
19 | traffic control and accident investigation, techniques of | ||||||
20 | obtaining
physical evidence, court testimonies, statements, | ||||||
21 | reports, firearms
training, training in the use of electronic | ||||||
22 | control devices, including the psychological and physiological |
| |||||||
| |||||||
1 | effects of the use of those devices on humans, first-aid | ||||||
2 | (including cardiopulmonary resuscitation), training in the | ||||||
3 | administration of opioid antagonists as defined in paragraph | ||||||
4 | (1) of subsection (e) of Section 5-23 of the Alcoholism and | ||||||
5 | Other Drug Abuse and Dependency Act, handling of
juvenile | ||||||
6 | offenders, recognition of
mental conditions which require | ||||||
7 | immediate assistance and methods to
safeguard and provide | ||||||
8 | assistance to a person in need of mental
treatment, recognition | ||||||
9 | of abuse, neglect, financial exploitation, and self-neglect of | ||||||
10 | adults with disabilities and older adults, as defined in | ||||||
11 | Section 2 of the Adult Protective Services Act, crimes against | ||||||
12 | the elderly, law of evidence, the hazards of high-speed police | ||||||
13 | vehicle
chases with an emphasis on alternatives to the | ||||||
14 | high-speed chase, and
physical training. The curriculum shall | ||||||
15 | include specific training in
techniques for immediate response | ||||||
16 | to and investigation of cases of domestic
violence and of | ||||||
17 | sexual assault of adults and children. The curriculum shall | ||||||
18 | include
training in techniques designed to promote effective
| ||||||
19 | communication at the initial contact with crime victims and | ||||||
20 | ways to comprehensively
explain to victims and witnesses their | ||||||
21 | rights under the Rights
of Crime Victims and Witnesses Act and | ||||||
22 | the Crime
Victims Compensation Act. The curriculum shall also | ||||||
23 | include a block of instruction aimed at identifying and | ||||||
24 | interacting with persons with autism and other developmental | ||||||
25 | disabilities, reducing barriers to reporting crimes against | ||||||
26 | persons with autism, and addressing the unique challenges |
| |||||||
| |||||||
1 | presented by cases involving victims or witnesses with autism | ||||||
2 | and other developmental disabilities. The curriculum for
| ||||||
3 | permanent police officers shall include but not be limited to | ||||||
4 | (1) refresher
and in-service training in any of the courses | ||||||
5 | listed above in this
subparagraph, (2) advanced courses in any | ||||||
6 | of the subjects listed above in
this subparagraph, (3) training | ||||||
7 | for supervisory personnel, and (4)
specialized training in | ||||||
8 | subjects and fields to be selected by the board. The training | ||||||
9 | in the use of electronic control devices shall be conducted for | ||||||
10 | probationary police officers, including University police | ||||||
11 | officers.
| ||||||
12 | b. Minimum courses of study, attendance requirements and | ||||||
13 | equipment
requirements.
| ||||||
14 | c. Minimum requirements for instructors.
| ||||||
15 | d. Minimum basic training requirements, which a | ||||||
16 | probationary police
officer must satisfactorily complete | ||||||
17 | before being eligible for permanent
employment as a local law | ||||||
18 | enforcement officer for a participating local
governmental | ||||||
19 | agency. Those requirements shall include training in first aid
| ||||||
20 | (including cardiopulmonary resuscitation).
| ||||||
21 | e. Minimum basic training requirements, which a | ||||||
22 | probationary county
corrections officer must satisfactorily | ||||||
23 | complete before being eligible for
permanent employment as a | ||||||
24 | county corrections officer for a participating
local | ||||||
25 | governmental agency.
| ||||||
26 | f. Minimum basic training requirements which a |
| |||||||
| |||||||
1 | probationary court
security officer must satisfactorily | ||||||
2 | complete before being eligible for
permanent employment as a | ||||||
3 | court security officer for a participating local
governmental | ||||||
4 | agency. The Board shall
establish those training requirements | ||||||
5 | which it considers appropriate for court
security officers and | ||||||
6 | shall certify schools to conduct that training.
| ||||||
7 | A person hired to serve as a court security officer must | ||||||
8 | obtain from the
Board a certificate (i) attesting to his or her | ||||||
9 | successful completion of the
training course; (ii) attesting to | ||||||
10 | his or her satisfactory
completion of a training program of | ||||||
11 | similar content and number of hours that
has been found | ||||||
12 | acceptable by the Board under the provisions of this Act; or
| ||||||
13 | (iii) attesting to the Board's determination that the training
| ||||||
14 | course is unnecessary because of the person's extensive prior | ||||||
15 | law enforcement
experience.
| ||||||
16 | Individuals who currently serve as court security officers | ||||||
17 | shall be deemed
qualified to continue to serve in that capacity | ||||||
18 | so long as they are certified
as provided by this Act within 24 | ||||||
19 | months of the effective date of this
amendatory Act of 1996. | ||||||
20 | Failure to be so certified, absent a waiver from the
Board, | ||||||
21 | shall cause the officer to forfeit his or her position.
| ||||||
22 | All individuals hired as court security officers on or | ||||||
23 | after the effective
date of this amendatory Act of 1996 shall | ||||||
24 | be certified within 12 months of the
date of their hire, unless | ||||||
25 | a waiver has been obtained by the Board, or they
shall forfeit | ||||||
26 | their positions.
|
| |||||||
| |||||||
1 | The Sheriff's Merit Commission, if one exists, or the | ||||||
2 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
3 | shall maintain a list of all
individuals who have filed | ||||||
4 | applications to become court security officers and
who meet the | ||||||
5 | eligibility requirements established under this Act. Either
| ||||||
6 | the Sheriff's Merit Commission, or the Sheriff's Office if no | ||||||
7 | Sheriff's Merit
Commission exists, shall establish a schedule | ||||||
8 | of reasonable intervals for
verification of the applicants' | ||||||
9 | qualifications under
this Act and as established by the Board.
| ||||||
10 | (Source: P.A. 97-815, eff. 1-1-13; 97-862, eff. 1-1-13; 98-49, | ||||||
11 | eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, eff. 8-16-13; 98-756, | ||||||
12 | eff. 7-16-14.)
| ||||||
13 | (50 ILCS 705/10.17 new) | ||||||
14 | Sec. 10.17. Training; administration of opioid | ||||||
15 | antagonists. The Board shall conduct or approve an in-service | ||||||
16 | training program for police officers in the administration of | ||||||
17 | opioid antagonists as defined in paragraph (1) of subsection | ||||||
18 | (e) of Section 5-23 of the Alcoholism and Other Drug Abuse and | ||||||
19 | Dependency Act that is in accordance with that Section. As used | ||||||
20 | in this Section 10.17, the term "police officers" includes | ||||||
21 | full-time or part-time probationary police officers, permanent | ||||||
22 | or part-time police officers, law enforcement officers, | ||||||
23 | recruits, permanent or probationary county corrections | ||||||
24 | officers, permanent or probationary county security officers, | ||||||
25 | and court security officers. The term does not include |
| |||||||
| |||||||
1 | auxiliary police officers as defined in Section 3.1-30-20 of | ||||||
2 | the Illinois Municipal Code. | ||||||
3 | Section 5-45. The Illinois Fire Protection Training Act is | ||||||
4 | amended by changing Section 8 and by adding Section 12.5 as | ||||||
5 | follows:
| ||||||
6 | (50 ILCS 740/8) (from Ch. 85, par. 538)
| ||||||
7 | Sec. 8. Rules and minimum standards for schools. The Office
| ||||||
8 | shall adopt rules and minimum standards for such
schools which | ||||||
9 | shall include but not be limited to the following:
| ||||||
10 | a. Minimum courses of study, resources, facilities, | ||||||
11 | apparatus,
equipment, reference material, established records | ||||||
12 | and procedures as
determined by the Office.
| ||||||
13 | b. Minimum requirements for instructors.
| ||||||
14 | c. Minimum basic training requirements, which a trainee | ||||||
15 | must
satisfactorily complete before being eligible for | ||||||
16 | permanent employment
as a fire fighter in the fire department | ||||||
17 | of a participating local
governmental agency.
Those | ||||||
18 | requirements shall include training in first aid (including
| ||||||
19 | cardiopulmonary resuscitation) and training in the | ||||||
20 | administration of opioid antagonists as defined in paragraph | ||||||
21 | (1) of subsection (e) of Section 5-23 of the Alcoholism and | ||||||
22 | Other Drug Abuse and Dependency Act .
| ||||||
23 | (Source: P.A. 88-661, eff. 1-1-95.)
|
| |||||||
| |||||||
1 | (50 ILCS 740/12.5 new) | ||||||
2 | Sec. 12.5. In-service training; opioid antagonists. The | ||||||
3 | Office shall distribute an in-service training program for fire | ||||||
4 | fighters in the administration of opioid antagonists as defined | ||||||
5 | in paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
6 | Alcoholism and Other Drug Abuse and Dependency Act that is | ||||||
7 | developed by the Department of Human Services in accordance | ||||||
8 | with that Section. As used in this Section 12.5, the term "fire | ||||||
9 | fighters" includes full-time or part-time fire fighters, but | ||||||
10 | does not include auxiliary, reserve, or volunteer | ||||||
11 | firefighters. | ||||||
12 | Section 5-50. The Counties Code is amended by changing | ||||||
13 | Sections 3-3013 and 5-1069.3 as follows:
| ||||||
14 | (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
| ||||||
15 | Sec. 3-3013. Preliminary investigations; blood and urine | ||||||
16 | analysis;
summoning jury; reports. Every coroner, whenever, as | ||||||
17 | soon as he knows or is
informed that the dead body of any | ||||||
18 | person is found, or lying within his
county, whose death is | ||||||
19 | suspected of being:
| ||||||
20 | (a) A sudden or violent death, whether apparently | ||||||
21 | suicidal,
homicidal or accidental, including but not | ||||||
22 | limited to deaths apparently
caused or contributed to by | ||||||
23 | thermal, traumatic, chemical, electrical or
radiational | ||||||
24 | injury, or a complication of any of them, or by drowning or
|
| |||||||
| |||||||
1 | suffocation, or as a result of domestic violence as defined | ||||||
2 | in the Illinois
Domestic
Violence Act of 1986;
| ||||||
3 | (b) A maternal or fetal death due to abortion, or any | ||||||
4 | death due to a
sex crime or a crime against nature;
| ||||||
5 | (c) A death where the circumstances are suspicious, | ||||||
6 | obscure,
mysterious or otherwise unexplained or where, in | ||||||
7 | the written opinion of
the attending physician, the cause | ||||||
8 | of death is not determined;
| ||||||
9 | (d) A death where addiction to alcohol or to any drug | ||||||
10 | may have been
a contributory cause; or
| ||||||
11 | (e) A death where the decedent was not attended by a | ||||||
12 | licensed
physician;
| ||||||
13 | shall go to the place where the dead body is, and take charge | ||||||
14 | of the
same and shall make a preliminary investigation into the | ||||||
15 | circumstances
of the death. In the case of death without | ||||||
16 | attendance by a licensed
physician the body may be moved with | ||||||
17 | the coroner's consent from the
place of death to a mortuary in | ||||||
18 | the same county. Coroners in their
discretion shall notify such | ||||||
19 | physician as is designated in accordance
with Section 3-3014 to | ||||||
20 | attempt to ascertain the cause of death, either by
autopsy or | ||||||
21 | otherwise.
| ||||||
22 | In cases of accidental death involving a motor vehicle in | ||||||
23 | which the
decedent was (1) the operator or a suspected operator | ||||||
24 | of a motor
vehicle, or (2) a pedestrian 16 years of age or | ||||||
25 | older, the coroner shall
require that a blood specimen of at | ||||||
26 | least 30 cc., and if medically
possible a urine specimen of at |
| |||||||
| |||||||
1 | least 30 cc. or as much as possible up
to 30 cc., be withdrawn | ||||||
2 | from the body of the decedent in a timely fashion after
the | ||||||
3 | accident causing his death, by such physician as has been | ||||||
4 | designated
in accordance with Section 3-3014, or by the coroner | ||||||
5 | or deputy coroner or
a qualified person designated by such | ||||||
6 | physician, coroner, or deputy coroner. If the county
does not | ||||||
7 | maintain laboratory facilities for making such analysis, the
| ||||||
8 | blood and urine so drawn shall be sent to the Department of | ||||||
9 | State Police or any other accredited or State-certified | ||||||
10 | laboratory
for analysis of the alcohol, carbon monoxide, and | ||||||
11 | dangerous or
narcotic drug content of such blood and urine | ||||||
12 | specimens. Each specimen
submitted shall be accompanied by | ||||||
13 | pertinent information concerning the
decedent upon a form | ||||||
14 | prescribed by such laboratory. Any
person drawing blood and | ||||||
15 | urine and any person making any examination of
the blood and | ||||||
16 | urine under the terms of this Division shall be immune from all
| ||||||
17 | liability, civil or criminal, that might otherwise be incurred | ||||||
18 | or
imposed.
| ||||||
19 | In all other cases coming within the jurisdiction of the | ||||||
20 | coroner and
referred to in subparagraphs (a) through (e) above, | ||||||
21 | blood, and whenever
possible, urine samples shall be analyzed | ||||||
22 | for the presence of alcohol
and other drugs. When the coroner | ||||||
23 | suspects that drugs may have been
involved in the death, either | ||||||
24 | directly or indirectly, a toxicological
examination shall be | ||||||
25 | performed which may include analyses of blood, urine,
bile, | ||||||
26 | gastric contents and other tissues. When the coroner suspects
a |
| |||||||
| |||||||
1 | death is due to toxic substances, other than drugs, the coroner | ||||||
2 | shall
consult with the toxicologist prior to collection of | ||||||
3 | samples. Information
submitted to the toxicologist shall | ||||||
4 | include information as to height,
weight, age, sex and race of | ||||||
5 | the decedent as well as medical history,
medications used by | ||||||
6 | and the manner of death of decedent.
| ||||||
7 | When the coroner or medical examiner finds that the cause | ||||||
8 | of death is due to homicidal means, the coroner or medical | ||||||
9 | examiner shall cause blood and buccal specimens (tissue may be | ||||||
10 | submitted if no uncontaminated blood or buccal specimen can be | ||||||
11 | obtained), whenever possible, to be withdrawn from the body of | ||||||
12 | the decedent in a timely fashion. Within 45 days after the | ||||||
13 | collection of the specimens, the coroner or medical examiner | ||||||
14 | shall deliver those specimens, dried, to the Illinois | ||||||
15 | Department of State Police, Division of Forensic Services, for | ||||||
16 | analysis and categorizing into genetic marker groupings to be | ||||||
17 | maintained by the Illinois Department of State Police in the | ||||||
18 | State central repository in the same manner, and subject to the | ||||||
19 | same conditions, as provided in Section 5-4-3 of the Unified | ||||||
20 | Code of Corrections. The requirements of this paragraph are in | ||||||
21 | addition to any other findings, specimens, or information that | ||||||
22 | the coroner or medical examiner is required to provide during | ||||||
23 | the conduct of a criminal investigation.
| ||||||
24 | In all counties, in cases of apparent
suicide, homicide, or | ||||||
25 | accidental death or in other cases, within the
discretion of | ||||||
26 | the coroner, the coroner may summon 8 persons of lawful age
|
| |||||||
| |||||||
1 | from those persons drawn for petit jurors in the county. The | ||||||
2 | summons shall
command these persons to present themselves | ||||||
3 | personally at such a place and
time as the coroner shall | ||||||
4 | determine, and may be in any form which the
coroner shall | ||||||
5 | determine and may incorporate any reasonable form of request
| ||||||
6 | for acknowledgement which the coroner deems practical and | ||||||
7 | provides a
reliable proof of service. The summons may be served | ||||||
8 | by first class mail.
From the 8 persons so summoned, the | ||||||
9 | coroner shall select 6 to serve as the
jury for the inquest. | ||||||
10 | Inquests may be continued from time
to time, as the coroner may | ||||||
11 | deem necessary. The 6 jurors selected in
a given case may view | ||||||
12 | the body of the deceased.
If at any continuation of an inquest | ||||||
13 | one or more of the original jurors
shall be unable to continue | ||||||
14 | to serve, the coroner shall fill the vacancy or
vacancies. A | ||||||
15 | juror serving pursuant to this paragraph shall receive
| ||||||
16 | compensation from the county at the same rate as the rate of | ||||||
17 | compensation
that is paid to petit or grand jurors in the | ||||||
18 | county. The coroner shall
furnish to each juror without fee at | ||||||
19 | the time of his discharge a
certificate of the number of days | ||||||
20 | in attendance at an inquest, and, upon
being presented with | ||||||
21 | such certificate, the county treasurer shall pay to
the juror | ||||||
22 | the sum provided for his services.
| ||||||
23 | In counties which have a jury commission, in cases of | ||||||
24 | apparent suicide or
homicide or of accidental death, the | ||||||
25 | coroner may conduct an inquest. The jury commission shall | ||||||
26 | provide
at least 8 jurors to the coroner, from whom the coroner |
| |||||||
| |||||||
1 | shall select any 6
to serve as the jury for the inquest. | ||||||
2 | Inquests may be continued from time
to time as the coroner may | ||||||
3 | deem necessary. The 6 jurors originally chosen
in a given case | ||||||
4 | may view the body of the deceased. If at any continuation
of an | ||||||
5 | inquest one or more of the 6 jurors originally chosen shall be | ||||||
6 | unable
to continue to serve, the coroner shall fill the vacancy | ||||||
7 | or vacancies. At
the coroner's discretion, additional jurors to | ||||||
8 | fill such vacancies shall be
supplied by the jury commission. A | ||||||
9 | juror serving pursuant to this
paragraph in such county shall | ||||||
10 | receive compensation from the county at the
same rate as the | ||||||
11 | rate of compensation that is paid to petit or grand jurors
in | ||||||
12 | the county.
| ||||||
13 | In every case in which a fire is determined to be
a
| ||||||
14 | contributing factor in a death, the coroner shall report the | ||||||
15 | death to the
Office of the State Fire Marshal. The coroner | ||||||
16 | shall provide a copy of the death certificate (i) within 30 | ||||||
17 | days after filing the permanent death certificate and (ii) in a | ||||||
18 | manner that is agreed upon by the coroner and the State Fire | ||||||
19 | Marshal. | ||||||
20 | In every case in which a drug overdose is determined to be | ||||||
21 | the cause or a contributing factor in the death, the coroner or | ||||||
22 | medical examiner shall report the death to the Department of | ||||||
23 | Public Health. The Department of Public Health shall adopt | ||||||
24 | rules regarding specific information that must be reported in | ||||||
25 | the event of such a death. If possible, the coroner shall | ||||||
26 | report the cause of the overdose. As used in this Section, |
| |||||||
| |||||||
1 | "overdose" has the same meaning as it does in Section 414 of | ||||||
2 | the Illinois Controlled Substances Act. The Department of | ||||||
3 | Public Health shall issue a semiannual report to the General | ||||||
4 | Assembly summarizing the reports received. The Department | ||||||
5 | shall also provide on its website a monthly report of overdose | ||||||
6 | death figures organized by location, age, and any other | ||||||
7 | factors, the Department deems appropriate. | ||||||
8 | In addition, in every case in which domestic violence is | ||||||
9 | determined to be
a
contributing factor in a death, the coroner | ||||||
10 | shall report the death to the
Department of State Police.
| ||||||
11 | All deaths in State institutions and all deaths of wards of | ||||||
12 | the State in
private care facilities or in programs funded by | ||||||
13 | the Department of Human
Services under its powers relating to | ||||||
14 | mental health and developmental
disabilities or alcoholism and | ||||||
15 | substance
abuse or funded by the Department of Children and | ||||||
16 | Family Services shall
be reported to the coroner of the county | ||||||
17 | in which the facility is
located. If the coroner has reason to | ||||||
18 | believe that an investigation is
needed to determine whether | ||||||
19 | the death was caused by maltreatment or
negligent care of the | ||||||
20 | ward of the State, the coroner may conduct a
preliminary | ||||||
21 | investigation of the circumstances of such death as in cases of
| ||||||
22 | death under circumstances set forth in paragraphs (a) through | ||||||
23 | (e) of this
Section.
| ||||||
24 | (Source: P.A. 95-484, eff. 6-1-08; 96-1059, eff. 7-14-10.)
| ||||||
25 | (55 ILCS 5/5-1069.3)
|
| |||||||
| |||||||
1 | Sec. 5-1069.3. Required health benefits. If a county, | ||||||
2 | including a home
rule
county, is a self-insurer for purposes of | ||||||
3 | providing health insurance coverage
for its employees, the | ||||||
4 | coverage shall include coverage for the post-mastectomy
care | ||||||
5 | benefits required to be covered by a policy of accident and | ||||||
6 | health
insurance under Section 356t and the coverage required | ||||||
7 | under Sections 356g, 356g.5, 356g.5-1, 356u,
356w, 356x, | ||||||
8 | 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, | ||||||
9 | 356z.14, 356z.15, and 356z.22 of
the Illinois Insurance Code. | ||||||
10 | The coverage shall comply with Sections 155.22a, 355b, and | ||||||
11 | 356z.19 , and 370c of
the Illinois Insurance Code. The | ||||||
12 | requirement that health benefits be covered
as provided in this | ||||||
13 | Section is an
exclusive power and function of the State and is | ||||||
14 | a denial and limitation under
Article VII, Section 6, | ||||||
15 | subsection (h) of the Illinois Constitution. A home
rule county | ||||||
16 | to which this Section applies must comply with every provision | ||||||
17 | of
this Section.
| ||||||
18 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
19 | any, is conditioned on the rules being adopted in accordance | ||||||
20 | with all provisions of the Illinois Administrative Procedure | ||||||
21 | Act and all rules and procedures of the Joint Committee on | ||||||
22 | Administrative Rules; any purported rule not so adopted, for | ||||||
23 | whatever reason, is unauthorized. | ||||||
24 | (Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813, | ||||||
25 | eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15 .) |
| |||||||
| |||||||
1 | Section 5-55. The Illinois Municipal Code is amended by | ||||||
2 | changing Section 10-4-2.3 as follows: | ||||||
3 | (65 ILCS 5/10-4-2.3)
| ||||||
4 | Sec. 10-4-2.3. Required health benefits. If a | ||||||
5 | municipality, including a
home rule municipality, is a | ||||||
6 | self-insurer for purposes of providing health
insurance | ||||||
7 | coverage for its employees, the coverage shall include coverage | ||||||
8 | for
the post-mastectomy care benefits required to be covered by | ||||||
9 | a policy of
accident and health insurance under Section 356t | ||||||
10 | and the coverage required
under Sections 356g, 356g.5, | ||||||
11 | 356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10, | ||||||
12 | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, and 356z.22 of the | ||||||
13 | Illinois
Insurance
Code. The coverage shall comply with | ||||||
14 | Sections 155.22a, 355b, and 356z.19 , and 370c of
the Illinois | ||||||
15 | Insurance Code. The requirement that health
benefits be covered | ||||||
16 | as provided in this is an exclusive power and function of
the | ||||||
17 | State and is a denial and limitation under Article VII, Section | ||||||
18 | 6,
subsection (h) of the Illinois Constitution. A home rule | ||||||
19 | municipality to which
this Section applies must comply with | ||||||
20 | every provision of this Section.
| ||||||
21 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
22 | any, is conditioned on the rules being adopted in accordance | ||||||
23 | with all provisions of the Illinois Administrative Procedure | ||||||
24 | Act and all rules and procedures of the Joint Committee on | ||||||
25 | Administrative Rules; any purported rule not so adopted, for |
| |||||||
| |||||||
1 | whatever reason, is unauthorized. | ||||||
2 | (Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813, | ||||||
3 | eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091, eff. 1-1-15 .) | ||||||
4 | Section 5-60. The School Code is amended by changing | ||||||
5 | Section 22-30 and adding Section 22-80 as follows:
| ||||||
6 | (105 ILCS 5/22-30)
| ||||||
7 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
8 | medication and epinephrine auto-injectors; administration of | ||||||
9 | undesignated epinephrine auto-injectors ; administration of an | ||||||
10 | opioid antagonist .
| ||||||
11 | (a) For the purpose of this Section only, the following | ||||||
12 | terms shall have the meanings set forth below:
| ||||||
13 | "Asthma inhaler" means a quick reliever asthma inhaler. | ||||||
14 | "Epinephrine auto-injector" means a single-use device used | ||||||
15 | for the automatic injection of a pre-measured dose of | ||||||
16 | epinephrine into the human body.
| ||||||
17 | "Asthma medication" means a medicine, prescribed by (i) a | ||||||
18 | physician
licensed to practice medicine in all its branches,
| ||||||
19 | (ii) a physician assistant who has been delegated prescriptive | ||||||
20 | authority the authority to prescribe
asthma
medications by his | ||||||
21 | or her supervising physician, or (iii) an advanced practice
| ||||||
22 | nurse who has a written
collaborative agreement with a | ||||||
23 | collaborating physician that delegates prescriptive authority | ||||||
24 | the
authority
to prescribe asthma medications ,
for a pupil that |
| |||||||
| |||||||
1 | pertains to the pupil's
asthma and that has an individual | ||||||
2 | prescription label.
| ||||||
3 | "Opioid antagonist" means a drug that binds to opioid | ||||||
4 | receptors and blocks or inhibits the effect of opioids acting | ||||||
5 | on those receptors, including, but not limited to, naloxone | ||||||
6 | hydrochloride or any other similarly acting drug approved by | ||||||
7 | the U.S. Food and Drug Administration. | ||||||
8 | "School nurse" means a registered nurse working in a school | ||||||
9 | with or without licensure endorsed in school nursing. | ||||||
10 | "Self-administration" means a pupil's discretionary use of | ||||||
11 | his or
her prescribed asthma medication or epinephrine | ||||||
12 | auto-injector.
| ||||||
13 | "Self-carry" means a pupil's ability to carry his or her | ||||||
14 | prescribed asthma medication or epinephrine auto-injector. | ||||||
15 | "Standing protocol" may be issued by (i) a physician | ||||||
16 | licensed to practice medicine in all its branches, (ii) a | ||||||
17 | physician assistant who has been delegated prescriptive | ||||||
18 | authority the authority to prescribe asthma medications or | ||||||
19 | epinephrine auto-injectors by his or her supervising | ||||||
20 | physician, or (iii) an advanced practice nurse who has a | ||||||
21 | collaborative agreement with a collaborating physician that | ||||||
22 | delegates prescriptive authority to issue a standing protocol | ||||||
23 | for asthma medications or epinephrine auto-injectors . | ||||||
24 | "Trained personnel" means any school employee or volunteer | ||||||
25 | personnel authorized in Sections 10-22.34, 10-22.34a, and | ||||||
26 | 10-22.34b of this Code who has completed training under |
| |||||||
| |||||||
1 | subsection (g) of this Section to recognize and respond to | ||||||
2 | anaphylaxis. | ||||||
3 | "Undesignated epinephrine auto-injector" means an | ||||||
4 | epinephrine auto-injector prescribed in the name of a school | ||||||
5 | district, public school, or nonpublic school. | ||||||
6 | (b) A school, whether public or nonpublic, must permit the
| ||||||
7 | self-administration and self-carry of asthma
medication by a | ||||||
8 | pupil with asthma or the self-administration and self-carry of | ||||||
9 | an epinephrine auto-injector by a pupil, provided that:
| ||||||
10 | (1) the parents or
guardians of the pupil provide to | ||||||
11 | the school (i) written
authorization from the parents or | ||||||
12 | guardians for (A) the self-administration and self-carry | ||||||
13 | of asthma medication or (B) the self-carry of asthma | ||||||
14 | medication or (ii) for (A) the self-administration and | ||||||
15 | self-carry of an epinephrine auto-injector or (B) the | ||||||
16 | self-carry of an epinephrine auto-injector, written | ||||||
17 | authorization from the pupil's physician, physician | ||||||
18 | assistant, or advanced practice nurse; and
| ||||||
19 | (2) the
parents or guardians of the pupil provide to | ||||||
20 | the school (i) the prescription label, which must contain | ||||||
21 | the name of the asthma medication, the prescribed dosage, | ||||||
22 | and the time at which or circumstances under which the | ||||||
23 | asthma medication is to be administered, or (ii) for the | ||||||
24 | self-administration or self-carry of an epinephrine | ||||||
25 | auto-injector, a
written
statement from the pupil's | ||||||
26 | physician, physician assistant, or advanced practice
nurse |
| |||||||
| |||||||
1 | containing
the following information:
| ||||||
2 | (A) the name and purpose of the epinephrine | ||||||
3 | auto-injector;
| ||||||
4 | (B) the prescribed dosage; and
| ||||||
5 | (C) the time or times at which or the special | ||||||
6 | circumstances
under which the epinephrine | ||||||
7 | auto-injector is to be administered.
| ||||||
8 | The information provided shall be kept on file in the office of | ||||||
9 | the school
nurse or,
in the absence of a school nurse, the | ||||||
10 | school's administrator.
| ||||||
11 | (b-5) A school district, public school, or nonpublic school | ||||||
12 | may authorize the provision of a student-specific or | ||||||
13 | undesignated epinephrine auto-injector to a student or any | ||||||
14 | personnel authorized under a student's Individual Health Care | ||||||
15 | Action Plan, Illinois Food Allergy Emergency Action Plan and | ||||||
16 | Treatment Authorization Form, or plan pursuant to Section 504 | ||||||
17 | of the federal Rehabilitation Act of 1973 to administer an | ||||||
18 | epinephrine auto-injector to the student, that meets the | ||||||
19 | student's prescription on file. | ||||||
20 | (b-10) The school district, public school, or nonpublic | ||||||
21 | school may authorize a school nurse or trained personnel to do | ||||||
22 | the following: (i) provide an undesignated epinephrine | ||||||
23 | auto-injector to a student for self-administration only or any | ||||||
24 | personnel authorized under a student's Individual Health Care | ||||||
25 | Action Plan, Illinois Food Allergy Emergency Action Plan and | ||||||
26 | Treatment Authorization Form, or plan pursuant to Section 504 |
| |||||||
| |||||||
1 | of the federal Rehabilitation Act of 1973 to administer to the | ||||||
2 | student, that meets the student's prescription on file; (ii) | ||||||
3 | administer an undesignated epinephrine auto-injector that | ||||||
4 | meets the prescription on file to any student who has an | ||||||
5 | Individual Health Care Action Plan, Illinois Food Allergy | ||||||
6 | Emergency Action Plan and Treatment Authorization Form, or plan | ||||||
7 | pursuant to Section 504 of the federal Rehabilitation Act of | ||||||
8 | 1973 that authorizes the use of an epinephrine auto-injector; | ||||||
9 | and (iii) administer an undesignated epinephrine auto-injector | ||||||
10 | to any person that the school nurse or trained personnel in | ||||||
11 | good faith believes is having an anaphylactic reaction ; and | ||||||
12 | (iv) administer an opioid antagonist to any person that the | ||||||
13 | school nurse or trained personnel in good faith believes is | ||||||
14 | having an opioid overdose . | ||||||
15 | (c) The school district, public school, or nonpublic school | ||||||
16 | must inform the parents or
guardians of the
pupil, in writing, | ||||||
17 | that the school district, public school, or nonpublic school | ||||||
18 | and its
employees and
agents, including a physician, physician | ||||||
19 | assistant, or advanced practice nurse providing standing | ||||||
20 | protocol or prescription for school epinephrine | ||||||
21 | auto-injectors,
are to incur no liability or professional | ||||||
22 | discipline, except for willful and wanton conduct, as a result
| ||||||
23 | of any injury arising from the
administration of asthma | ||||||
24 | medication , or of an epinephrine auto-injector , or an opioid | ||||||
25 | antagonist regardless of whether authorization was given by the | ||||||
26 | pupil's parents or guardians or by the pupil's physician, |
| |||||||
| |||||||
1 | physician assistant, or advanced practice nurse. The parents or | ||||||
2 | guardians
of the pupil must sign a statement acknowledging that | ||||||
3 | the school district, public school,
or nonpublic school and its | ||||||
4 | employees and agents are to incur no liability, except for | ||||||
5 | willful and wanton
conduct, as a result of any injury arising
| ||||||
6 | from the
administration of asthma medication , or of an | ||||||
7 | epinephrine auto-injector , or an opioid antagonist regardless | ||||||
8 | of whether authorization was given by the pupil's parents or | ||||||
9 | guardians or by the pupil's physician, physician assistant, or | ||||||
10 | advanced practice nurse and that the parents or
guardians must | ||||||
11 | indemnify and hold harmless the school district, public school, | ||||||
12 | or nonpublic
school and
its
employees and agents against any | ||||||
13 | claims, except a claim based on willful and
wanton conduct, | ||||||
14 | arising out of the
administration of asthma medication , or of | ||||||
15 | an epinephrine auto-injector , or an opioid antagonist | ||||||
16 | regardless of whether authorization was given by the pupil's | ||||||
17 | parents or guardians or by the pupil's physician, physician | ||||||
18 | assistant, or advanced practice nurse. | ||||||
19 | (c-5) When Upon the effective date of this amendatory Act | ||||||
20 | of the 98th General Assembly, when a school nurse or trained | ||||||
21 | personnel administers an undesignated epinephrine | ||||||
22 | auto-injector to a person whom the school nurse or trained | ||||||
23 | personnel in good faith believes is having an anaphylactic | ||||||
24 | reaction , or administers an opioid antagonist to a person whom | ||||||
25 | the school nurse or trained personnel in good faith believes is | ||||||
26 | having an opioid overdose , notwithstanding the lack of notice |
| |||||||
| |||||||
1 | to the parents or guardians of the pupil or the absence of the | ||||||
2 | parents or guardians signed statement acknowledging no | ||||||
3 | liability, except for willful and wanton conduct, the school | ||||||
4 | district, public school, or nonpublic school and its employees | ||||||
5 | and agents, and a physician, a physician assistant, or an | ||||||
6 | advanced practice nurse providing standing protocol or | ||||||
7 | prescription for undesignated epinephrine auto-injectors, are | ||||||
8 | to incur no liability or professional discipline, except for | ||||||
9 | willful and wanton conduct, as a result of any injury arising | ||||||
10 | from the use of an undesignated epinephrine auto-injector or | ||||||
11 | the use of an opioid antagonist regardless of whether | ||||||
12 | authorization was given by the pupil's parents or guardians or | ||||||
13 | by the pupil's physician, physician assistant, or advanced | ||||||
14 | practice nurse.
| ||||||
15 | (d) The permission for self-administration and self-carry | ||||||
16 | of asthma medication or the self-administration and self-carry | ||||||
17 | of an epinephrine auto-injector is effective
for the school | ||||||
18 | year for which it is granted and shall be renewed each
| ||||||
19 | subsequent school year upon fulfillment of the requirements of | ||||||
20 | this
Section.
| ||||||
21 | (e) Provided that the requirements of this Section are | ||||||
22 | fulfilled, a
pupil with asthma may self-administer and | ||||||
23 | self-carry his or her asthma medication or a pupil may | ||||||
24 | self-administer and self-carry an epinephrine auto-injector | ||||||
25 | (i) while in
school, (ii) while at a school-sponsored activity, | ||||||
26 | (iii) while under the
supervision of
school personnel, or (iv) |
| |||||||
| |||||||
1 | before or after normal school activities, such
as while in | ||||||
2 | before-school or after-school care on school-operated
| ||||||
3 | property.
| ||||||
4 | (e-5) Provided that the requirements of this Section are | ||||||
5 | fulfilled, a school nurse or trained personnel may administer | ||||||
6 | an undesignated epinephrine auto-injector to any person whom | ||||||
7 | the school nurse or trained personnel in good faith believes to | ||||||
8 | be having an anaphylactic reaction (i) while in school, (ii) | ||||||
9 | while at a school-sponsored activity, (iii) while under the | ||||||
10 | supervision of school personnel, or (iv) before or after normal | ||||||
11 | school activities, such
as while in before-school or | ||||||
12 | after-school care on school-operated property. A school nurse | ||||||
13 | or trained personnel may carry undesignated epinephrine | ||||||
14 | auto-injectors on his or her person while in school or at a | ||||||
15 | school-sponsored activity. | ||||||
16 | (e-10) Provided that the requirements of this Section are | ||||||
17 | fulfilled, a school nurse or trained personnel may administer | ||||||
18 | an opioid antagonist to any person whom the school nurse or | ||||||
19 | trained personnel in good faith believes to be having an opioid | ||||||
20 | overdose (i) while in school, (ii) while at a school-sponsored | ||||||
21 | activity, (iii) while under the supervision of school | ||||||
22 | personnel, or (iv) before or after normal school activities, | ||||||
23 | such as while in before-school or after-school care on | ||||||
24 | school-operated property. A school nurse or trained personnel | ||||||
25 | may carry an opioid antagonist on their person while in school | ||||||
26 | or at a school-sponsored activity. |
| |||||||
| |||||||
1 | (f) The school district, public school, or nonpublic school | ||||||
2 | may maintain a supply of undesignated epinephrine | ||||||
3 | auto-injectors in any secure location where an allergic person | ||||||
4 | is most at risk, including, but not limited to, classrooms and | ||||||
5 | lunchrooms. A physician, a physician assistant who has been | ||||||
6 | delegated prescriptive authority for asthma medication or | ||||||
7 | epinephrine auto-injectors in accordance with Section 7.5 of | ||||||
8 | the Physician Assistant Practice Act of 1987, or an advanced | ||||||
9 | practice nurse who has been delegated prescriptive authority | ||||||
10 | for asthma medication or epinephrine auto-injectors in | ||||||
11 | accordance with Section 65-40 of the Nurse Practice Act may | ||||||
12 | prescribe undesignated epinephrine auto-injectors in the name | ||||||
13 | of the school district, public school, or nonpublic school to | ||||||
14 | be maintained for use when necessary. Any supply of epinephrine | ||||||
15 | auto-injectors shall be maintained in accordance with the | ||||||
16 | manufacturer's instructions. | ||||||
17 | The school district, public school, or nonpublic school may | ||||||
18 | maintain a supply of an opioid antagonist in any secure | ||||||
19 | location where an individual may have an opioid overdose. A | ||||||
20 | health care professional who has been delegated prescriptive | ||||||
21 | authority for opioid antagonists in accordance with Section | ||||||
22 | 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act | ||||||
23 | may prescribe opioid antagonists in the name of the school | ||||||
24 | district, public school, or nonpublic school, to be maintained | ||||||
25 | for use when necessary. Any supply of opioid antagonists shall | ||||||
26 | be maintained in accordance with the manufacturer's |
| |||||||
| |||||||
1 | instructions. | ||||||
2 | (f-5) Upon any administration of an epinephrine | ||||||
3 | auto-injector, a school district, public school, or nonpublic | ||||||
4 | school must immediately activate the EMS system and notify the | ||||||
5 | student's parent, guardian, or emergency contact, if known. | ||||||
6 | Upon any administration of an opioid antagonist, a school | ||||||
7 | district, public school, or nonpublic school must immediately | ||||||
8 | activate the EMS system and notify the student's parent, | ||||||
9 | guardian, or emergency contact, if known. | ||||||
10 | (f-10) Within 24 hours of the administration of an | ||||||
11 | undesignated epinephrine auto-injector, a school district, | ||||||
12 | public school, or nonpublic school must notify the physician, | ||||||
13 | physician assistant, or advance practice nurse who provided the | ||||||
14 | standing protocol or prescription for the undesignated | ||||||
15 | epinephrine auto-injector of its use. | ||||||
16 | Within 24 hours after the administration of an opioid | ||||||
17 | antagonist, a school district, public school, or nonpublic | ||||||
18 | school must notify the health care professional who provided | ||||||
19 | the prescription for the opioid antagonist of its use. | ||||||
20 | (g) Prior to the administration of an undesignated | ||||||
21 | epinephrine auto-injector, trained personnel must submit to | ||||||
22 | his or her school's administration proof of completion of a | ||||||
23 | training curriculum to recognize and respond to anaphylaxis | ||||||
24 | that meets the requirements of subsection (h) of this Section. | ||||||
25 | Training must be completed annually. Trained personnel must | ||||||
26 | also submit to his or her school's administration proof of |
| |||||||
| |||||||
1 | cardiopulmonary resuscitation and automated external | ||||||
2 | defibrillator certification. The school district, public | ||||||
3 | school, or nonpublic school must maintain records related to | ||||||
4 | the training curriculum and trained personnel. | ||||||
5 | Prior to the administration of an opioid antagonist, | ||||||
6 | trained personnel must submit to their school's administration | ||||||
7 | proof of completion of a training curriculum to recognize and | ||||||
8 | respond to an opioid overdose, which curriculum must meet the | ||||||
9 | requirements of subsection (h-5) of this Section. Training must | ||||||
10 | be completed annually. Trained personnel must also submit to | ||||||
11 | the school's administration proof of cardiopulmonary | ||||||
12 | resuscitation and automated external defibrillator | ||||||
13 | certification. The school district, public school, or | ||||||
14 | nonpublic school must maintain records relating to the training | ||||||
15 | curriculum and the trained personnel. | ||||||
16 | (h) A training curriculum to recognize and respond to | ||||||
17 | anaphylaxis, including the administration of an undesignated | ||||||
18 | epinephrine auto-injector, may be conducted online or in | ||||||
19 | person. It must include, but is not limited to: | ||||||
20 | (1) how to recognize symptoms of an allergic reaction; | ||||||
21 | (2) a review of high-risk areas within the school and | ||||||
22 | its related facilities; | ||||||
23 | (3) steps to take to prevent exposure to allergens; | ||||||
24 | (4) how to respond to an emergency involving an | ||||||
25 | allergic reaction; | ||||||
26 | (5) how to administer an epinephrine auto-injector; |
| |||||||
| |||||||
1 | (6) how to respond to a student with a known allergy as | ||||||
2 | well as a student with a previously unknown allergy; | ||||||
3 | (7) a test demonstrating competency of the knowledge | ||||||
4 | required to recognize anaphylaxis and administer an | ||||||
5 | epinephrine auto-injector; and | ||||||
6 | (8) other criteria as determined in rules adopted | ||||||
7 | pursuant to this Section. | ||||||
8 | In consultation with statewide professional organizations | ||||||
9 | representing physicians licensed to practice medicine in all of | ||||||
10 | its branches, registered nurses, and school nurses, the State | ||||||
11 | Board of Education shall make available resource materials | ||||||
12 | consistent with criteria in this subsection (h) for educating | ||||||
13 | trained personnel to recognize and respond to anaphylaxis. The | ||||||
14 | State Board may take into consideration the curriculum on this | ||||||
15 | subject developed by other states, as well as any other | ||||||
16 | curricular materials suggested by medical experts and other | ||||||
17 | groups that work on life-threatening allergy issues. The State | ||||||
18 | Board is not required to create new resource materials. The | ||||||
19 | State Board shall make these resource materials available on | ||||||
20 | its Internet website. | ||||||
21 | (h-5) A training curriculum to recognize and respond to an | ||||||
22 | opioid overdose, including the administration of an opioid | ||||||
23 | antagonist, may be conducted online or in person. The training | ||||||
24 | must comply with any training requirements under Section 5-23 | ||||||
25 | of the Alcoholism and Other Drug Abuse and Dependency Act and | ||||||
26 | the corresponding rules. It must include, but is not limited |
| |||||||
| |||||||
1 | to: | ||||||
2 | (1) how to recognize symptoms of an opioid overdose; | ||||||
3 | (2) information on drug overdose prevention and | ||||||
4 | recognition; | ||||||
5 | (3) how to perform rescue breathing and resuscitation; | ||||||
6 | (4) how to respond to an emergency involving an opioid | ||||||
7 | overdose; | ||||||
8 | (5) opioid antagonist dosage and administration; | ||||||
9 | (6) the importance of calling 911; | ||||||
10 | (7) care for the overdose victim after administration | ||||||
11 | of the overdose antagonist; | ||||||
12 | (8) a test demonstrating competency of the knowledge | ||||||
13 | required to recognize an opioid overdose and administer a | ||||||
14 | dose of an opioid antagonist; and | ||||||
15 | (9) other criteria as determined in rules adopted | ||||||
16 | pursuant to this Section. | ||||||
17 | (i) Within 3 days after the administration of an | ||||||
18 | undesignated epinephrine auto-injector by a school nurse, | ||||||
19 | trained personnel, or a student at a school or school-sponsored | ||||||
20 | activity, the school must report to the Board in a form and | ||||||
21 | manner prescribed by the Board the following information: | ||||||
22 | (1) age and type of person receiving epinephrine | ||||||
23 | (student, staff, visitor); | ||||||
24 | (2) any previously known diagnosis of a severe allergy; | ||||||
25 | (3) trigger that precipitated allergic episode; | ||||||
26 | (4) location where symptoms developed; |
| |||||||
| |||||||
1 | (5) number of doses administered; | ||||||
2 | (6) type of person administering epinephrine (school | ||||||
3 | nurse, trained personnel, student); and | ||||||
4 | (7) any other information required by the Board. | ||||||
5 | (i-5) Within 3 days after the administration of an opioid | ||||||
6 | antagonist by a school nurse or trained personnel, the school | ||||||
7 | must report to the Board, in a form and manner prescribed by | ||||||
8 | the Board, the following information: | ||||||
9 | (1) the age and type of person receiving the opioid | ||||||
10 | antagonist (student, staff, or visitor); | ||||||
11 | (2) the location where symptoms developed; | ||||||
12 | (3) the type of person administering the opioid | ||||||
13 | antagonist (school nurse or trained personnel); and | ||||||
14 | (4) any other information required by the Board. | ||||||
15 | (j) By October 1, 2015 and every year thereafter, the Board | ||||||
16 | shall submit a report to the General Assembly identifying the | ||||||
17 | frequency and circumstances of epinephrine administration | ||||||
18 | during the preceding academic year. This report shall be | ||||||
19 | published on the Board's Internet website on the date the | ||||||
20 | report is delivered to the General Assembly. | ||||||
21 | On or before October 1, 2016 and every year thereafter, the | ||||||
22 | Board shall submit a report to the General Assembly and the | ||||||
23 | Department of Public Health identifying the frequency and | ||||||
24 | circumstances of opioid antagonist administration during the | ||||||
25 | preceding academic year. This report shall be published on the | ||||||
26 | State Board's Internet website on the date the report is |
| |||||||
| |||||||
1 | delivered to the General Assembly. | ||||||
2 | (k) The Board may adopt rules necessary to implement this | ||||||
3 | Section. | ||||||
4 | (Source: P.A. 97-361, eff. 8-15-11; 98-795, eff. 8-1-14.)
| ||||||
5 | (105 ILCS 5/22-80 new) | ||||||
6 | Sec. 22-80. Heroin and opioid prevention pilot program. By | ||||||
7 | January 1, 2017, the State Board of Education and the | ||||||
8 | Department of Human Services shall develop and establish a | ||||||
9 | 3-year heroin and opioid drug prevention pilot program that | ||||||
10 | offers educational materials and instruction on heroin and | ||||||
11 | opioid abuse to all school districts in the State for use at | ||||||
12 | their respective public elementary and secondary schools. A | ||||||
13 | school district's participation in the pilot program shall be | ||||||
14 | voluntary. Subject to appropriation, the Department of Human | ||||||
15 | Services shall reimburse a school district that decides to | ||||||
16 | participate in the pilot program for any costs it incurs in | ||||||
17 | connection with its participation in the pilot program. Each | ||||||
18 | school district that participates in the pilot program shall | ||||||
19 | have the discretion to determine which grade levels the school | ||||||
20 | district will instruct under the program. | ||||||
21 | The pilot program must use effective, research-proven, | ||||||
22 | interactive teaching methods and technologies, and must | ||||||
23 | provide students, parents, and school staff with scientific, | ||||||
24 | social, and emotional learning content to help them understand | ||||||
25 | the risk of drug use. Such learning content must specifically |
| |||||||
| |||||||
1 | target the dangers of prescription pain medication and heroin | ||||||
2 | abuse. The Department may contract with a health education | ||||||
3 | organization to fulfill the requirements of the pilot program. | ||||||
4 | The State Board of Education, the Department of Human | ||||||
5 | Services, and any contracted organization shall submit an | ||||||
6 | annual report to the General Assembly that includes: (i) a list | ||||||
7 | of school districts participating in the pilot program; (ii) | ||||||
8 | the grade levels each school district instructs under the pilot | ||||||
9 | program; and (iii) any findings regarding the effectiveness of | ||||||
10 | the pilot program. | ||||||
11 | Section 5-65. The Emergency Medical Services (EMS) Systems | ||||||
12 | Act is amended by changing Sections 3.30 and 3.50 as follows:
| ||||||
13 | (210 ILCS 50/3.30)
| ||||||
14 | Sec. 3.30. EMS Region Plan; Content.
| ||||||
15 | (a) The EMS Medical Directors Committee shall address
at | ||||||
16 | least the following:
| ||||||
17 | (1) Protocols for inter-System/inter-Region
patient | ||||||
18 | transports, including identifying the conditions of
| ||||||
19 | emergency patients which may not be transported to the
| ||||||
20 | different levels of emergency department, based on their
| ||||||
21 | Department classifications and relevant Regional
| ||||||
22 | considerations (e.g. transport times and distances);
| ||||||
23 | (2) Regional standing medical orders;
| ||||||
24 | (3) Patient transfer patterns, including criteria
for |
| |||||||
| |||||||
1 | determining whether a patient needs the specialized
| ||||||
2 | services of a trauma center, along with protocols for the
| ||||||
3 | bypassing of or diversion to any hospital, trauma center or
| ||||||
4 | regional trauma center which are consistent with | ||||||
5 | individual
System bypass or diversion protocols and | ||||||
6 | protocols for
patient choice or refusal;
| ||||||
7 | (4) Protocols for resolving Regional or
Inter-System | ||||||
8 | conflict;
| ||||||
9 | (5) An EMS disaster preparedness plan which
includes | ||||||
10 | the actions and responsibilities of all EMS
participants | ||||||
11 | within the Region. Within 90 days of the effective date of | ||||||
12 | this
amendatory Act of 1996, an EMS System shall submit to | ||||||
13 | the Department for review
an internal disaster plan. At a | ||||||
14 | minimum, the plan shall include contingency
plans for the | ||||||
15 | transfer of patients to other facilities if an evacuation | ||||||
16 | of the
hospital becomes necessary due to a catastrophe, | ||||||
17 | including but not limited to, a
power failure;
| ||||||
18 | (6) Regional standardization of continuing
education | ||||||
19 | requirements;
| ||||||
20 | (7) Regional standardization of Do Not
Resuscitate | ||||||
21 | (DNR) policies, and protocols for power of
attorney for | ||||||
22 | health care;
| ||||||
23 | (8) Protocols for disbursement of Department
grants; | ||||||
24 | and
| ||||||
25 | (9) Protocols for the triage, treatment, and transport | ||||||
26 | of possible acute stroke patients ; and . |
| |||||||
| |||||||
1 | (10) Regional standing medical orders for the | ||||||
2 | administration of opioid antagonists. | ||||||
3 | (b) The Trauma Center Medical Directors or Trauma
Center | ||||||
4 | Medical Directors Committee shall address at least
the | ||||||
5 | following:
| ||||||
6 | (1) The identification of Regional Trauma
Centers;
| ||||||
7 | (2) Protocols for inter-System and inter-Region
trauma | ||||||
8 | patient transports, including identifying the
conditions | ||||||
9 | of emergency patients which may not be
transported to the | ||||||
10 | different levels of emergency department,
based on their | ||||||
11 | Department classifications and relevant
Regional | ||||||
12 | considerations (e.g. transport times and
distances);
| ||||||
13 | (3) Regional trauma standing medical orders;
| ||||||
14 | (4) Trauma patient transfer patterns, including
| ||||||
15 | criteria for determining whether a patient needs the
| ||||||
16 | specialized services of a trauma center, along with
| ||||||
17 | protocols for the bypassing of or diversion to any | ||||||
18 | hospital,
trauma center or regional trauma center which are | ||||||
19 | consistent
with individual System bypass or diversion | ||||||
20 | protocols and
protocols for patient choice or refusal;
| ||||||
21 | (5) The identification of which types of patients
can | ||||||
22 | be cared for by Level I and Level II Trauma Centers;
| ||||||
23 | (6) Criteria for inter-hospital transfer of
trauma | ||||||
24 | patients;
| ||||||
25 | (7) The treatment of trauma patients in each
trauma | ||||||
26 | center within the Region;
|
| |||||||
| |||||||
1 | (8) A program for conducting a quarterly
conference | ||||||
2 | which shall include at a minimum a discussion of
morbidity | ||||||
3 | and mortality between all professional staff
involved in | ||||||
4 | the care of trauma patients;
| ||||||
5 | (9) The establishment of a Regional trauma
quality | ||||||
6 | assurance and improvement subcommittee, consisting of
| ||||||
7 | trauma surgeons, which shall perform periodic medical | ||||||
8 | audits
of each trauma center's trauma services, and forward
| ||||||
9 | tabulated data from such reviews to the Department; and
| ||||||
10 | (10) The establishment, within 90 days of the effective | ||||||
11 | date of this
amendatory Act of 1996, of an internal | ||||||
12 | disaster plan, which shall include, at a
minimum, | ||||||
13 | contingency plans for the transfer of patients to other | ||||||
14 | facilities if
an evacuation of the hospital becomes | ||||||
15 | necessary due to a catastrophe, including
but not limited | ||||||
16 | to, a power failure.
| ||||||
17 | (c) The Region's EMS Medical Directors and Trauma
Center | ||||||
18 | Medical Directors Committees shall appoint any
subcommittees | ||||||
19 | which they deem necessary to address specific
issues concerning | ||||||
20 | Region activities.
| ||||||
21 | (Source: P.A. 96-514, eff. 1-1-10.)
| ||||||
22 | (210 ILCS 50/3.50)
| ||||||
23 | Sec. 3.50. Emergency Medical Services personnel licensure | ||||||
24 | levels.
| ||||||
25 | (a) "Emergency Medical Technician" or
"EMT" means a person |
| |||||||
| |||||||
1 | who has successfully completed a course in basic life support
| ||||||
2 | as approved by the
Department, is currently licensed by the | ||||||
3 | Department in
accordance with standards prescribed by this Act | ||||||
4 | and rules
adopted by the Department pursuant to this Act, and | ||||||
5 | practices within an EMS
System. A valid Emergency Medical | ||||||
6 | Technician-Basic (EMT-B) license issued under this Act shall | ||||||
7 | continue to be valid and shall be recognized as an Emergency | ||||||
8 | Medical Technician (EMT) license until the Emergency Medical | ||||||
9 | Technician-Basic (EMT-B) license expires.
| ||||||
10 | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | ||||||
11 | means a person who has successfully completed a
course in | ||||||
12 | intermediate life support
as approved
by the Department, is | ||||||
13 | currently licensed by the
Department in accordance with | ||||||
14 | standards prescribed by this
Act and rules adopted by the | ||||||
15 | Department pursuant to this
Act, and practices within an | ||||||
16 | Intermediate or Advanced
Life Support EMS System.
| ||||||
17 | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | ||||||
18 | means a person who has successfully completed a course in basic | ||||||
19 | and limited advanced emergency medical care as approved by the | ||||||
20 | Department, is currently licensed by the Department in | ||||||
21 | accordance with standards prescribed by this Act and rules | ||||||
22 | adopted by the Department pursuant to this Act, and practices | ||||||
23 | within an Intermediate or Advanced Life Support EMS System. | ||||||
24 | (c) "Paramedic (EMT-P)" means a person who
has successfully | ||||||
25 | completed a
course in advanced life support care
as approved
by | ||||||
26 | the Department, is licensed by the Department
in accordance |
| |||||||
| |||||||
1 | with standards prescribed by this Act and
rules adopted by the | ||||||
2 | Department pursuant to this Act, and
practices within an | ||||||
3 | Advanced Life Support EMS System. A valid Emergency Medical | ||||||
4 | Technician-Paramedic (EMT-P) license issued under this Act | ||||||
5 | shall continue to be valid and shall be recognized as a | ||||||
6 | Paramedic license until the Emergency Medical | ||||||
7 | Technician-Paramedic (EMT-P) license expires.
| ||||||
8 | (c-5) "Emergency Medical Responder" or "EMR (First | ||||||
9 | Responder)" means a person who has successfully completed a | ||||||
10 | course in emergency medical response as approved by the | ||||||
11 | Department and provides emergency medical response services | ||||||
12 | prior to the arrival of an ambulance or specialized emergency | ||||||
13 | medical services vehicle, in accordance with the level of care | ||||||
14 | established by the National EMS Educational Standards | ||||||
15 | Emergency Medical Responder course as modified by the | ||||||
16 | Department. An Emergency Medical Responder who provides | ||||||
17 | services as part of an EMS System response plan shall comply | ||||||
18 | with the applicable sections of the Program Plan, as approved | ||||||
19 | by the Department, of that EMS System. The Department shall | ||||||
20 | have the authority to adopt rules governing the curriculum, | ||||||
21 | practice, and necessary equipment applicable to Emergency | ||||||
22 | Medical Responders. | ||||||
23 | On the effective date of this amendatory Act of the 98th | ||||||
24 | General Assembly, a person who is licensed by the Department as | ||||||
25 | a First Responder and has completed a Department-approved | ||||||
26 | course in first responder defibrillator training based on, or |
| |||||||
| |||||||
1 | equivalent to, the National EMS Educational Standards or other | ||||||
2 | standards previously recognized by the Department shall be | ||||||
3 | eligible for licensure as an Emergency Medical Responder upon | ||||||
4 | meeting the licensure requirements and submitting an | ||||||
5 | application to the Department. A valid First Responder license | ||||||
6 | issued under this Act shall continue to be valid and shall be | ||||||
7 | recognized as an Emergency Medical Responder license until the | ||||||
8 | First Responder license expires. | ||||||
9 | (c-10) All EMS Systems and licensees shall be fully | ||||||
10 | compliant with the National EMS Education Standards, as | ||||||
11 | modified by the Department in administrative rules, within 24 | ||||||
12 | months after the adoption of the administrative rules. | ||||||
13 | (d) The Department shall have the authority and
| ||||||
14 | responsibility to:
| ||||||
15 | (1) Prescribe education and training requirements, | ||||||
16 | which
includes training in the use of epinephrine,
for all | ||||||
17 | levels of EMS personnel except for EMRs, based on the | ||||||
18 | National EMS Educational Standards
and any modifications | ||||||
19 | to those curricula specified by the
Department through | ||||||
20 | rules adopted pursuant to this Act.
| ||||||
21 | (2) Prescribe licensure testing requirements
for all | ||||||
22 | levels of EMS personnel, which shall include a requirement | ||||||
23 | that
all phases of instruction, training, and field | ||||||
24 | experience be
completed before taking the appropriate | ||||||
25 | licensure examination.
Candidates may elect to take the | ||||||
26 | appropriate National Registry examination in lieu of the
|
| |||||||
| |||||||
1 | Department's examination, but are responsible for making
| ||||||
2 | their own arrangements for taking the National Registry
| ||||||
3 | examination. In prescribing licensure testing requirements | ||||||
4 | for honorably discharged members of the armed forces of the | ||||||
5 | United States under this paragraph (2), the Department | ||||||
6 | shall ensure that a candidate's military emergency medical | ||||||
7 | training, emergency medical curriculum completed, and | ||||||
8 | clinical experience, as described in paragraph (2.5), are | ||||||
9 | recognized.
| ||||||
10 | (2.5) Review applications for EMS personnel licensure | ||||||
11 | from
honorably discharged members of the armed forces of | ||||||
12 | the United States with military emergency medical | ||||||
13 | training. Applications shall be filed with the Department | ||||||
14 | within one year after military discharge and shall contain: | ||||||
15 | (i) proof of successful completion of military emergency | ||||||
16 | medical training; (ii) a detailed description of the | ||||||
17 | emergency medical curriculum completed; and (iii) a | ||||||
18 | detailed description of the applicant's clinical | ||||||
19 | experience. The Department may request additional and | ||||||
20 | clarifying information. The Department shall evaluate the | ||||||
21 | application, including the applicant's training and | ||||||
22 | experience, consistent with the standards set forth under | ||||||
23 | subsections (a), (b), (c), and (d) of Section 3.10. If the | ||||||
24 | application clearly demonstrates that the training and | ||||||
25 | experience meets such standards, the Department shall | ||||||
26 | offer the applicant the opportunity to successfully |
| |||||||
| |||||||
1 | complete a Department-approved EMS personnel examination | ||||||
2 | for the level of license for which the applicant is | ||||||
3 | qualified. Upon passage of an examination, the Department | ||||||
4 | shall issue a license, which shall be subject to all | ||||||
5 | provisions of this Act that are otherwise applicable to the | ||||||
6 | level of EMS personnel
license issued. | ||||||
7 | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| ||||||
8 | or Paramedic who have met the Department's education, | ||||||
9 | training and
examination requirements.
| ||||||
10 | (4) Prescribe annual continuing education and
| ||||||
11 | relicensure requirements for all EMS personnel licensure
| ||||||
12 | levels.
| ||||||
13 | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | ||||||
14 | A-EMT,
or Paramedic every 4 years, based on their | ||||||
15 | compliance with
continuing education and relicensure | ||||||
16 | requirements as required by the Department pursuant to this | ||||||
17 | Act. Every 4 years, a Paramedic shall have 100 hours of | ||||||
18 | approved continuing education, an EMT-I and an advanced EMT | ||||||
19 | shall have 80 hours of approved continuing education, and | ||||||
20 | an EMT shall have 60 hours of approved continuing | ||||||
21 | education. An Illinois licensed EMR, EMD, EMT, EMT-I, | ||||||
22 | A-EMT, Paramedic, ECRN, or PHRN whose license has been | ||||||
23 | expired for less than 36 months may apply for reinstatement | ||||||
24 | by the Department. Reinstatement shall require that the | ||||||
25 | applicant (i) submit satisfactory proof of completion of | ||||||
26 | continuing medical education and clinical requirements to |
| |||||||
| |||||||
1 | be prescribed by the Department in an administrative rule; | ||||||
2 | (ii) submit a positive recommendation from an Illinois EMS | ||||||
3 | Medical Director attesting to the applicant's | ||||||
4 | qualifications for retesting; and (iii) pass a Department | ||||||
5 | approved test for the level of EMS personnel license sought | ||||||
6 | to be reinstated.
| ||||||
7 | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | ||||||
8 | A-EMT, Paramedic, ECRN, or PHRN who
qualifies, based on | ||||||
9 | standards and procedures established by
the Department in | ||||||
10 | rules adopted pursuant to this Act.
| ||||||
11 | (7) Charge a fee for EMS personnel examination, | ||||||
12 | licensure, and license renewal.
| ||||||
13 | (8) Suspend, revoke, or refuse to issue or renew the
| ||||||
14 | license of any licensee, after an opportunity for an | ||||||
15 | impartial hearing before a neutral administrative law | ||||||
16 | judge appointed by the Director, where the preponderance of | ||||||
17 | the evidence shows one or more of the following:
| ||||||
18 | (A) The licensee has not met continuing
education | ||||||
19 | or relicensure requirements as prescribed by the | ||||||
20 | Department;
| ||||||
21 | (B) The licensee has failed to maintain
| ||||||
22 | proficiency in the level of skills for which he or she | ||||||
23 | is licensed;
| ||||||
24 | (C) The licensee, during the provision of
medical | ||||||
25 | services, engaged in dishonorable, unethical, or
| ||||||
26 | unprofessional conduct of a character likely to |
| |||||||
| |||||||
1 | deceive,
defraud, or harm the public;
| ||||||
2 | (D) The licensee has failed to maintain or
has | ||||||
3 | violated standards of performance and conduct as | ||||||
4 | prescribed
by the Department in rules adopted pursuant | ||||||
5 | to this Act or
his or her EMS System's Program Plan;
| ||||||
6 | (E) The licensee is physically impaired to
the | ||||||
7 | extent that he or she cannot physically perform the | ||||||
8 | skills and
functions for which he or she is licensed, | ||||||
9 | as verified by a
physician, unless the person is on | ||||||
10 | inactive status pursuant
to Department regulations;
| ||||||
11 | (F) The licensee is mentally impaired to the
extent | ||||||
12 | that he or she cannot exercise the appropriate | ||||||
13 | judgment,
skill and safety for performing the | ||||||
14 | functions for which he
or she is licensed, as verified | ||||||
15 | by a physician, unless the person
is on inactive status | ||||||
16 | pursuant to Department regulations;
| ||||||
17 | (G) The licensee has violated this Act or any
rule | ||||||
18 | adopted by the Department pursuant to this Act; or | ||||||
19 | (H) The licensee has been convicted (or entered a | ||||||
20 | plea of guilty or nolo-contendere) by a court of | ||||||
21 | competent jurisdiction of a Class X, Class 1, or Class | ||||||
22 | 2 felony in this State or an out-of-state equivalent | ||||||
23 | offense. | ||||||
24 | (9) Prescribe education and training requirements in | ||||||
25 | the administration and use of opioid antagonists for all | ||||||
26 | levels of EMS personnel based on the National EMS |
| |||||||
| |||||||
1 | Educational Standards and any modifications to those | ||||||
2 | curricula specified by the Department through rules | ||||||
3 | adopted pursuant to this Act. | ||||||
4 | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or | ||||||
5 | PHRN who is a member of the Illinois National Guard or an | ||||||
6 | Illinois State Trooper or who exclusively serves as a volunteer | ||||||
7 | for units of local government with a population base of less | ||||||
8 | than 5,000 or as a volunteer
for a not-for-profit organization | ||||||
9 | that serves a service area
with a population base of less than | ||||||
10 | 5,000 may submit an application to the Department for a waiver | ||||||
11 | of the fees described under paragraph (7) of subsection (d) of | ||||||
12 | this Section on a form prescribed by the Department. | ||||||
13 | The education requirements prescribed by the Department | ||||||
14 | under this Section must allow for the suspension of those | ||||||
15 | requirements in the case of a member of the armed services or | ||||||
16 | reserve forces of the United States or a member of the Illinois | ||||||
17 | National Guard who is on active duty pursuant to an executive | ||||||
18 | order of the President of the United States, an act of the | ||||||
19 | Congress of the United States, or an order of the Governor at | ||||||
20 | the time that the member would otherwise be required to fulfill | ||||||
21 | a particular education requirement. Such a person must fulfill | ||||||
22 | the education requirement within 6 months after his or her | ||||||
23 | release from active duty.
| ||||||
24 | (e) In the event that any rule of the
Department or an EMS | ||||||
25 | Medical Director that requires testing for drug
use as a | ||||||
26 | condition of the applicable EMS personnel license conflicts |
| |||||||
| |||||||
1 | with or
duplicates a provision of a collective bargaining | ||||||
2 | agreement
that requires testing for drug use, that rule shall | ||||||
3 | not
apply to any person covered by the collective bargaining
| ||||||
4 | agreement.
| ||||||
5 | (Source: P.A. 97-333, eff. 8-12-11; 97-509, eff. 8-23-11; | ||||||
6 | 97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; 98-53, eff. 1-1-14; | ||||||
7 | 98-463, eff. 8-16-13; 98-973, eff. 8-15-14.)
| ||||||
8 | Section 5-70. The Hospital Licensing Act is amended by | ||||||
9 | adding Section 6.14g as follows: | ||||||
10 | (210 ILCS 85/6.14g new) | ||||||
11 | Sec. 6.14g. Reports to the Department; opioid overdoses. | ||||||
12 | (a) As used in this Section: | ||||||
13 | "Overdose" has the same meaning as provided in Section 414 | ||||||
14 | of the Illinois Controlled Substances Act. | ||||||
15 | "Health care professional" includes a physician licensed | ||||||
16 | to practice medicine in all its branches, a physician | ||||||
17 | assistant, or an advanced practice nurse licensed in the State. | ||||||
18 | (b) When treatment is provided in a hospital's emergency | ||||||
19 | department, a health care professional who treats a drug | ||||||
20 | overdose or hospital administrator or designee shall report the | ||||||
21 | case to the Department of Public Health within 48 hours of | ||||||
22 | providing treatment for the drug overdose or at such time the | ||||||
23 | drug overdose is confirmed. The Department shall by rule create | ||||||
24 | a form for this purpose which requires the following |
| |||||||
| |||||||
1 | information, if known: (1) whether an opioid antagonist was | ||||||
2 | administered; (2) the cause of the overdose; and (3) the | ||||||
3 | demographic information of the person treated. The Department | ||||||
4 | shall create the form with input from the statewide association | ||||||
5 | representing a majority of hospitals in Illinois. The person | ||||||
6 | completing the form may not disclose the name, address, or any | ||||||
7 | other personal information of the individual experiencing the | ||||||
8 | overdose. | ||||||
9 | (c) The identity of the person and entity reporting under | ||||||
10 | this subsection shall not be disclosed to the subject of the | ||||||
11 | report. For the purposes of this subsection, the health care | ||||||
12 | professional, hospital administrator, or designee making the | ||||||
13 | report and his or her employer shall not be held criminally, | ||||||
14 | civilly, or professionally liable for reporting under this | ||||||
15 | subsection, except for willful or wanton misconduct. | ||||||
16 | (d) The Department shall provide a semiannual report to the | ||||||
17 | General Assembly summarizing the reports received. The | ||||||
18 | Department shall also provide on its website a monthly report | ||||||
19 | of drug overdose figures. The figures shall be organized by the | ||||||
20 | overdose location, the age of the victim, the cause of the | ||||||
21 | overdose, and any other factors the Department deems | ||||||
22 | appropriate. | ||||||
23 | Section 5-72. The Safe Pharmaceutical Disposal Act is | ||||||
24 | amended by changing Section 17 as follows: |
| |||||||
| |||||||
1 | (210 ILCS 150/17) | ||||||
2 | Sec. 17. Pharmaceutical disposal. Notwithstanding any
| ||||||
3 | provision of law, any city, village, or municipality may
| ||||||
4 | authorize the use of its city hall or police department to
| ||||||
5 | display a container suitable for use as a receptacle for used,
| ||||||
6 | expired, or unwanted pharmaceuticals. These used, expired, or
| ||||||
7 | unwanted pharmaceuticals may include unused medication and | ||||||
8 | prescription drugs , as well as controlled substances if | ||||||
9 | collected in accordance with federal law . This
receptacle shall | ||||||
10 | only permit the deposit of items, and the
contents shall be | ||||||
11 | locked and secured. The container shall be
accessible to the | ||||||
12 | public and shall have posted clearly legible
signage indicating | ||||||
13 | that expired or unwanted prescription drugs
may be disposed of | ||||||
14 | in the receptacle.
| ||||||
15 | (Source: P.A. 97-546, eff. 1-1-12.) | ||||||
16 | Section 5-75. The Illinois Insurance Code is amended by | ||||||
17 | changing Sections 352, 370c, and 370c.1 and by adding Section | ||||||
18 | 356z.23 as follows:
| ||||||
19 | (215 ILCS 5/352) (from Ch. 73, par. 964)
| ||||||
20 | Sec. 352. Scope of Article.
| ||||||
21 | (a) Except as provided in subsections (b), (c), (d), and | ||||||
22 | (e),
this Article shall
apply to all companies transacting in | ||||||
23 | this State the kinds of business
enumerated in clause (b) of | ||||||
24 | Class 1 and clause (a) of Class 2 of section 4.
Nothing in this |
| |||||||
| |||||||
1 | Article shall apply to, or in any way affect policies or
| ||||||
2 | contracts described in clause (a) of Class 1 of Section 4; | ||||||
3 | however, this
Article shall apply to policies and contracts | ||||||
4 | which contain benefits
providing reimbursement for the | ||||||
5 | expenses of long term health care which are
certified or | ||||||
6 | ordered by a physician including but not limited to
| ||||||
7 | professional nursing care, custodial nursing care, and | ||||||
8 | non-nursing
custodial care provided in a nursing home or at a | ||||||
9 | residence of the insured.
| ||||||
10 | (b) (Blank). This Article does not apply to policies of | ||||||
11 | accident and health
insurance issued in compliance with Article | ||||||
12 | XIXB of this Code.
| ||||||
13 | (c) A policy issued and delivered in this State
that | ||||||
14 | provides coverage under that policy for
certificate holders who | ||||||
15 | are neither residents of nor employed in this State
does not | ||||||
16 | need to provide to those nonresident
certificate holders who | ||||||
17 | are not employed in this State the coverages or
services | ||||||
18 | mandated by this Article.
| ||||||
19 | (d) Stop-loss insurance is exempt from all Sections
of this | ||||||
20 | Article, except this Section and Sections 353a, 354, 357.30, | ||||||
21 | and
370. For purposes of this exemption, stop-loss insurance is | ||||||
22 | further defined as
follows:
| ||||||
23 | (1) The policy must be issued to and insure an | ||||||
24 | employer, trustee, or other
sponsor of the plan, or the | ||||||
25 | plan itself, but not employees, members, or
participants.
| ||||||
26 | (2) Payments by the insurer must be made to the |
| |||||||
| |||||||
1 | employer, trustee, or
other sponsors of the plan, or the | ||||||
2 | plan itself, but not to the employees,
members, | ||||||
3 | participants, or health care providers.
| ||||||
4 | (e) A policy issued or delivered in this State to the | ||||||
5 | Department of Healthcare and Family Services (formerly
| ||||||
6 | Illinois Department
of Public Aid) and providing coverage, | ||||||
7 | under clause (b) of Class 1 or clause (a)
of Class 2 as | ||||||
8 | described in Section 4, to persons who are enrolled under | ||||||
9 | Article V of the Illinois
Public Aid Code or under the | ||||||
10 | Children's Health Insurance Program Act is
exempt from all | ||||||
11 | restrictions, limitations,
standards, rules, or regulations | ||||||
12 | respecting benefits imposed by or under
authority of this Code, | ||||||
13 | except those specified by subsection (1) of Section
143 , | ||||||
14 | Section 370c, and Section 370c.1 . Nothing in this subsection, | ||||||
15 | however, affects the total medical services
available to | ||||||
16 | persons eligible for medical assistance under the Illinois | ||||||
17 | Public
Aid Code.
| ||||||
18 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
19 | (215 ILCS 5/356z.23 new) | ||||||
20 | Sec. 356z.23. Coverage for opioid antagonists. | ||||||
21 | (a) An individual or group policy of accident and health | ||||||
22 | insurance amended, delivered, issued, or renewed in this State | ||||||
23 | after the effective date of this amendatory Act of the 99th | ||||||
24 | General Assembly that provides coverage for prescription drugs | ||||||
25 | must provide coverage for at least one opioid antagonist, |
| |||||||
| |||||||
1 | including the medication product, administration devices, and | ||||||
2 | any pharmacy administration fees related to the dispensing of | ||||||
3 | the opioid antagonist. This coverage must include refills for | ||||||
4 | expired or utilized opioid antagonists. | ||||||
5 | (b) As used in this Section, "opioid antagonist" means a | ||||||
6 | drug that binds to opioid receptors and blocks or inhibits the | ||||||
7 | effect of opioids acting on those receptors, including, but not | ||||||
8 | limited to, naloxone hydrochloride or any other similarly | ||||||
9 | acting drug approved by the U.S. Food and Drug Administration.
| ||||||
10 | (215 ILCS 5/370c) (from Ch. 73, par. 982c)
| ||||||
11 | Sec. 370c. Mental and emotional disorders.
| ||||||
12 | (a) (1) On and after the effective date of this amendatory | ||||||
13 | Act of the 97th General Assembly,
every insurer which amends, | ||||||
14 | delivers, issues, or renews
group accident and health policies | ||||||
15 | providing coverage for hospital or medical treatment or
| ||||||
16 | services for illness on an expense-incurred basis shall offer | ||||||
17 | to the
applicant or group policyholder subject to the insurer's | ||||||
18 | standards of
insurability, coverage for reasonable and | ||||||
19 | necessary treatment and services
for mental, emotional or | ||||||
20 | nervous disorders or conditions, other than serious
mental | ||||||
21 | illnesses as defined in item (2) of subsection (b), consistent | ||||||
22 | with the parity requirements of Section 370c.1 of this Code.
| ||||||
23 | (2) Each insured that is covered for mental, emotional, | ||||||
24 | nervous, or substance use
disorders or conditions shall be free | ||||||
25 | to select the physician licensed to
practice medicine in all |
| |||||||
| |||||||
1 | its branches, licensed clinical psychologist,
licensed | ||||||
2 | clinical social worker, licensed clinical professional | ||||||
3 | counselor, licensed marriage and family therapist, licensed | ||||||
4 | speech-language pathologist, or other licensed or certified | ||||||
5 | professional at a program licensed pursuant to the Illinois | ||||||
6 | Alcoholism and Other Drug Abuse and Dependency Act of
his | ||||||
7 | choice to treat such disorders, and
the insurer shall pay the | ||||||
8 | covered charges of such physician licensed to
practice medicine | ||||||
9 | in all its branches, licensed clinical psychologist,
licensed | ||||||
10 | clinical social worker, licensed clinical professional | ||||||
11 | counselor, licensed marriage and family therapist, licensed | ||||||
12 | speech-language pathologist, or other licensed or certified | ||||||
13 | professional at a program licensed pursuant to the Illinois | ||||||
14 | Alcoholism and Other Drug Abuse and Dependency Act up
to the | ||||||
15 | limits of coverage, provided (i)
the disorder or condition | ||||||
16 | treated is covered by the policy, and (ii) the
physician, | ||||||
17 | licensed psychologist, licensed clinical social worker, | ||||||
18 | licensed
clinical professional counselor, licensed marriage | ||||||
19 | and family therapist, licensed speech-language pathologist, or | ||||||
20 | other licensed or certified professional at a program licensed | ||||||
21 | pursuant to the Illinois Alcoholism and Other Drug Abuse and | ||||||
22 | Dependency Act is
authorized to provide said services under the | ||||||
23 | statutes of this State and in
accordance with accepted | ||||||
24 | principles of his profession.
| ||||||
25 | (3) Insofar as this Section applies solely to licensed | ||||||
26 | clinical social
workers, licensed clinical professional |
| |||||||
| |||||||
1 | counselors, licensed marriage and family therapists, licensed | ||||||
2 | speech-language pathologists, and other licensed or certified | ||||||
3 | professionals at programs licensed pursuant to the Illinois | ||||||
4 | Alcoholism and Other Drug Abuse and Dependency Act, those | ||||||
5 | persons who may
provide services to individuals shall do so
| ||||||
6 | after the licensed clinical social worker, licensed clinical | ||||||
7 | professional
counselor, licensed marriage and family | ||||||
8 | therapist, licensed speech-language pathologist, or other | ||||||
9 | licensed or certified professional at a program licensed | ||||||
10 | pursuant to the Illinois Alcoholism and Other Drug Abuse and | ||||||
11 | Dependency Act has informed the patient of the
desirability of | ||||||
12 | the patient conferring with the patient's primary care
| ||||||
13 | physician and the licensed clinical social worker, licensed | ||||||
14 | clinical
professional counselor, licensed marriage and family | ||||||
15 | therapist, licensed speech-language pathologist, or other | ||||||
16 | licensed or certified professional at a program licensed | ||||||
17 | pursuant to the Illinois Alcoholism and Other Drug Abuse and | ||||||
18 | Dependency Act has
provided written
notification to the | ||||||
19 | patient's primary care physician, if any, that services
are | ||||||
20 | being provided to the patient. That notification may, however, | ||||||
21 | be
waived by the patient on a written form. Those forms shall | ||||||
22 | be retained by
the licensed clinical social worker, licensed | ||||||
23 | clinical professional counselor, licensed marriage and family | ||||||
24 | therapist, licensed speech-language pathologist, or other | ||||||
25 | licensed or certified professional at a program licensed | ||||||
26 | pursuant to the Illinois Alcoholism and Other Drug Abuse and |
| |||||||
| |||||||
1 | Dependency Act
for a period of not less than 5 years.
| ||||||
2 | (b) (1) An insurer that provides coverage for hospital or | ||||||
3 | medical
expenses under a group policy of accident and health | ||||||
4 | insurance or
health care plan amended, delivered, issued, or | ||||||
5 | renewed on or after the effective
date of this amendatory Act | ||||||
6 | of the 97th General Assembly shall provide coverage
under the | ||||||
7 | policy for treatment of serious mental illness and substance | ||||||
8 | use disorders consistent with the parity requirements of | ||||||
9 | Section 370c.1 of this Code. This subsection does not apply to | ||||||
10 | any group policy of accident and health insurance or health | ||||||
11 | care plan for any plan year of a small employer as defined in | ||||||
12 | Section 5 of the Illinois Health Insurance Portability and | ||||||
13 | Accountability Act.
| ||||||
14 | (2) "Serious mental illness" means the following | ||||||
15 | psychiatric illnesses as
defined in the most current edition of | ||||||
16 | the Diagnostic and Statistical Manual
(DSM) published by the | ||||||
17 | American Psychiatric Association:
| ||||||
18 | (A) schizophrenia;
| ||||||
19 | (B) paranoid and other psychotic disorders;
| ||||||
20 | (C) bipolar disorders (hypomanic, manic, depressive, | ||||||
21 | and mixed);
| ||||||
22 | (D) major depressive disorders (single episode or | ||||||
23 | recurrent);
| ||||||
24 | (E) schizoaffective disorders (bipolar or depressive);
| ||||||
25 | (F) pervasive developmental disorders;
| ||||||
26 | (G) obsessive-compulsive disorders;
|
| |||||||
| |||||||
1 | (H) depression in childhood and adolescence;
| ||||||
2 | (I) panic disorder; | ||||||
3 | (J) post-traumatic stress disorders (acute, chronic, | ||||||
4 | or with delayed onset); and
| ||||||
5 | (K) anorexia nervosa and bulimia nervosa. | ||||||
6 | (2.5) "Substance use disorder" means the following mental | ||||||
7 | disorders as defined in the most current edition of the | ||||||
8 | Diagnostic and Statistical Manual (DSM) published by the | ||||||
9 | American Psychiatric Association: | ||||||
10 | (A) substance abuse disorders; | ||||||
11 | (B) substance dependence disorders; and | ||||||
12 | (C) substance induced disorders. | ||||||
13 | (3) Unless otherwise prohibited by federal law and | ||||||
14 | consistent with the parity requirements of Section 370c.1 of | ||||||
15 | this Code, the reimbursing insurer, a provider of treatment of
| ||||||
16 | serious mental illness or substance use disorder shall furnish | ||||||
17 | medical records or other necessary data
that substantiate that | ||||||
18 | initial or continued treatment is at all times medically
| ||||||
19 | necessary. An insurer shall provide a mechanism for the timely | ||||||
20 | review by a
provider holding the same license and practicing in | ||||||
21 | the same specialty as the
patient's provider, who is | ||||||
22 | unaffiliated with the insurer, jointly selected by
the patient | ||||||
23 | (or the patient's next of kin or legal representative if the
| ||||||
24 | patient is unable to act for himself or herself), the patient's | ||||||
25 | provider, and
the insurer in the event of a dispute between the | ||||||
26 | insurer and patient's
provider regarding the medical necessity |
| |||||||
| |||||||
1 | of a treatment proposed by a patient's
provider. If the | ||||||
2 | reviewing provider determines the treatment to be medically
| ||||||
3 | necessary, the insurer shall provide reimbursement for the | ||||||
4 | treatment. Future
contractual or employment actions by the | ||||||
5 | insurer regarding the patient's
provider may not be based on | ||||||
6 | the provider's participation in this procedure.
Nothing | ||||||
7 | prevents
the insured from agreeing in writing to continue | ||||||
8 | treatment at his or her
expense. When making a determination of | ||||||
9 | the medical necessity for a treatment
modality for serious | ||||||
10 | mental illness or substance use disorder, an insurer must make | ||||||
11 | the determination in a
manner that is consistent with the | ||||||
12 | manner used to make that determination with
respect to other | ||||||
13 | diseases or illnesses covered under the policy, including an
| ||||||
14 | appeals process. Medical necessity determinations for | ||||||
15 | substance use disorders shall be made in accordance with | ||||||
16 | appropriate patient placement criteria established by the | ||||||
17 | American Society of Addiction Medicine. No additional criteria | ||||||
18 | may be used to make medical necessity determinations for | ||||||
19 | substance use disorders.
| ||||||
20 | (4) A group health benefit plan amended, delivered, issued, | ||||||
21 | or renewed on or after the effective date of this amendatory | ||||||
22 | Act of the 97th General Assembly:
| ||||||
23 | (A) shall provide coverage based upon medical | ||||||
24 | necessity for the
treatment of mental illness and substance | ||||||
25 | use disorders consistent with the parity requirements of | ||||||
26 | Section 370c.1 of this Code; provided, however, that in |
| |||||||
| |||||||
1 | each calendar year coverage shall not be less than the | ||||||
2 | following:
| ||||||
3 | (i) 45 days of inpatient treatment; and
| ||||||
4 | (ii) beginning on June 26, 2006 (the effective date | ||||||
5 | of Public Act 94-921), 60 visits for outpatient | ||||||
6 | treatment including group and individual
outpatient | ||||||
7 | treatment; and | ||||||
8 | (iii) for plans or policies delivered, issued for | ||||||
9 | delivery, renewed, or modified after January 1, 2007 | ||||||
10 | (the effective date of Public Act 94-906),
20 | ||||||
11 | additional outpatient visits for speech therapy for | ||||||
12 | treatment of pervasive developmental disorders that | ||||||
13 | will be in addition to speech therapy provided pursuant | ||||||
14 | to item (ii) of this subparagraph (A); and
| ||||||
15 | (B) may not include a lifetime limit on the number of | ||||||
16 | days of inpatient
treatment or the number of outpatient | ||||||
17 | visits covered under the plan.
| ||||||
18 | (C) (Blank).
| ||||||
19 | (5) An issuer of a group health benefit plan may not count | ||||||
20 | toward the number
of outpatient visits required to be covered | ||||||
21 | under this Section an outpatient
visit for the purpose of | ||||||
22 | medication management and shall cover the outpatient
visits | ||||||
23 | under the same terms and conditions as it covers outpatient | ||||||
24 | visits for
the treatment of physical illness.
| ||||||
25 | (5.5) An individual or group health benefit plan amended, | ||||||
26 | delivered, issued, or renewed on or after the effective date of |
| |||||||
| |||||||
1 | this amendatory Act of the 99th General Assembly shall offer | ||||||
2 | coverage for medically necessary acute treatment services and | ||||||
3 | medically necessary clinical stabilization services. The | ||||||
4 | treating provider shall base all treatment recommendations and | ||||||
5 | the health benefit plan shall base all medical necessity | ||||||
6 | determinations for substance use disorders in accordance with | ||||||
7 | the most current edition of the American Society of Addiction | ||||||
8 | Medicine Patient Placement Criteria. | ||||||
9 | As used in this subsection: | ||||||
10 | "Acute treatment services" means 24-hour medically | ||||||
11 | supervised addiction treatment that provides evaluation and | ||||||
12 | withdrawal management and may include biopsychosocial | ||||||
13 | assessment, individual and group counseling, psychoeducational | ||||||
14 | groups, and discharge planning. | ||||||
15 | "Clinical stabilization services" means 24-hour treatment, | ||||||
16 | usually following acute treatment services for substance | ||||||
17 | abuse, which may include intensive education and counseling | ||||||
18 | regarding the nature of addiction and its consequences, relapse | ||||||
19 | prevention, outreach to families and significant others, and | ||||||
20 | aftercare planning for individuals beginning to engage in | ||||||
21 | recovery from addiction. | ||||||
22 | (6) An issuer of a group health benefit
plan may provide or | ||||||
23 | offer coverage required under this Section through a
managed | ||||||
24 | care plan.
| ||||||
25 | (7) (Blank).
| ||||||
26 | (8)
(Blank).
|
| |||||||
| |||||||
1 | (9) With respect to substance use disorders, coverage for | ||||||
2 | inpatient treatment shall include coverage for treatment in a | ||||||
3 | residential treatment center licensed by the Department of | ||||||
4 | Public Health or the Department of Human Services , Division of | ||||||
5 | Alcoholism and Substance Abuse . | ||||||
6 | (c) This Section shall not be interpreted to require | ||||||
7 | coverage for speech therapy or other habilitative services for | ||||||
8 | those individuals covered under Section 356z.15
of this Code. | ||||||
9 | (d) The Department shall enforce the requirements of State | ||||||
10 | and federal parity law, which includes ensuring compliance by | ||||||
11 | individual and group policies; detecting violations of the law | ||||||
12 | by individual and group policies proactively monitoring | ||||||
13 | discriminatory practices; accepting, evaluating, and | ||||||
14 | responding to complaints regarding such violations; and | ||||||
15 | ensuring violations are appropriately remedied and deterred. | ||||||
16 | (e) Availability of plan information. | ||||||
17 | (1) The criteria for medical necessity determinations | ||||||
18 | made under a group health plan with respect to mental | ||||||
19 | health or substance use disorder benefits (or health | ||||||
20 | insurance coverage offered in connection with the plan with | ||||||
21 | respect to such benefits) must be made available by the | ||||||
22 | plan administrator (or the health insurance issuer | ||||||
23 | offering such coverage) to any current or potential | ||||||
24 | participant, beneficiary, or contracting provider upon | ||||||
25 | request. | ||||||
26 | (2) The reason for any denial under a group health plan |
| |||||||
| |||||||
1 | (or health insurance coverage offered in connection with | ||||||
2 | such plan) of reimbursement or payment for services with | ||||||
3 | respect to mental health or substance use disorder benefits | ||||||
4 | in the case of any participant or beneficiary must be made | ||||||
5 | available within a reasonable time and in a reasonable | ||||||
6 | manner by the plan administrator (or the health insurance | ||||||
7 | issuer offering such coverage) to the participant or | ||||||
8 | beneficiary upon request. | ||||||
9 | (f) As used in this Section, "group policy of accident and | ||||||
10 | health insurance" and "group health benefit plan" includes (1) | ||||||
11 | State-regulated employer-sponsored group health insurance | ||||||
12 | plans written in Illinois and (2) State employee health plans. | ||||||
13 | (Source: P.A. 96-328, eff. 8-11-09; 96-1000, eff. 7-2-10; | ||||||
14 | 97-437, eff. 8-18-11.) | ||||||
15 | (215 ILCS 5/370c.1) | ||||||
16 | Sec. 370c.1. Mental health and addiction parity. | ||||||
17 | (a) On and after the effective date of this amendatory Act | ||||||
18 | of the 99th General Assembly this amendatory Act of the 97th | ||||||
19 | General Assembly , every insurer that amends, delivers, issues, | ||||||
20 | or renews a group or individual policy of accident and health | ||||||
21 | insurance or a qualified health plan offered through the Health | ||||||
22 | Insurance Marketplace policy of accident and health insurance | ||||||
23 | in this State providing coverage for hospital or medical | ||||||
24 | treatment and for the treatment of mental, emotional, nervous, | ||||||
25 | or substance use disorders or conditions shall ensure that: |
| |||||||
| |||||||
1 | (1) the financial requirements applicable to such | ||||||
2 | mental, emotional, nervous, or substance use disorder or | ||||||
3 | condition benefits are no more restrictive than the | ||||||
4 | predominant financial requirements applied to | ||||||
5 | substantially all hospital and medical benefits covered by | ||||||
6 | the policy and that there are no separate cost-sharing | ||||||
7 | requirements that are applicable only with respect to | ||||||
8 | mental, emotional, nervous, or substance use disorder or | ||||||
9 | condition benefits; and | ||||||
10 | (2) the treatment limitations applicable to such | ||||||
11 | mental, emotional, nervous, or substance use disorder or | ||||||
12 | condition benefits are no more restrictive than the | ||||||
13 | predominant treatment limitations applied to substantially | ||||||
14 | all hospital and medical benefits covered by the policy and | ||||||
15 | that there are no separate treatment limitations that are | ||||||
16 | applicable only with respect to mental, emotional, | ||||||
17 | nervous, or substance use disorder or condition benefits. | ||||||
18 | (b) The following provisions shall apply concerning | ||||||
19 | aggregate lifetime limits: | ||||||
20 | (1) In the case of a group or individual policy of | ||||||
21 | accident and health insurance or a qualified health plan | ||||||
22 | offered through the Health Insurance Marketplace policy of | ||||||
23 | accident and health insurance amended, delivered, issued, | ||||||
24 | or renewed in this State on or after the effective date of | ||||||
25 | this amendatory Act of the 99th General Assembly this | ||||||
26 | amendatory Act of the 97th General Assembly that provides |
| |||||||
| |||||||
1 | coverage for hospital or medical treatment and for the | ||||||
2 | treatment of mental, emotional, nervous, or substance use | ||||||
3 | disorders or conditions the following provisions shall | ||||||
4 | apply: | ||||||
5 | (A) if the policy does not include an aggregate | ||||||
6 | lifetime limit on substantially all hospital and | ||||||
7 | medical benefits, then the policy may not impose any | ||||||
8 | aggregate lifetime limit on mental, emotional, | ||||||
9 | nervous, or substance use disorder or condition | ||||||
10 | benefits; or | ||||||
11 | (B) if the policy includes an aggregate lifetime | ||||||
12 | limit on substantially all hospital and medical | ||||||
13 | benefits (in this subsection referred to as the | ||||||
14 | "applicable lifetime limit"), then the policy shall | ||||||
15 | either: | ||||||
16 | (i) apply the applicable lifetime limit both | ||||||
17 | to the hospital and medical benefits to which it | ||||||
18 | otherwise would apply and to mental, emotional, | ||||||
19 | nervous, or substance use disorder or condition | ||||||
20 | benefits and not distinguish in the application of | ||||||
21 | the limit between the hospital and medical | ||||||
22 | benefits and mental, emotional, nervous, or | ||||||
23 | substance use disorder or condition benefits; or | ||||||
24 | (ii) not include any aggregate lifetime limit | ||||||
25 | on mental, emotional, nervous, or substance use | ||||||
26 | disorder or condition benefits that is less than |
| |||||||
| |||||||
1 | the applicable lifetime limit. | ||||||
2 | (2) In the case of a policy that is not described in | ||||||
3 | paragraph (1) of subsection (b) of this Section and that | ||||||
4 | includes no or different aggregate lifetime limits on | ||||||
5 | different categories of hospital and medical benefits, the | ||||||
6 | Director shall establish rules under which subparagraph | ||||||
7 | (B) of paragraph (1) of subsection (b) of this Section is | ||||||
8 | applied to such policy with respect to mental, emotional, | ||||||
9 | nervous, or substance use disorder or condition benefits by | ||||||
10 | substituting for the applicable lifetime limit an average | ||||||
11 | aggregate lifetime limit that is computed taking into | ||||||
12 | account the weighted average of the aggregate lifetime | ||||||
13 | limits applicable to such categories. | ||||||
14 | (c) The following provisions shall apply concerning annual | ||||||
15 | limits: | ||||||
16 | (1) In the case of a group or individual policy of | ||||||
17 | accident and health insurance or a qualified health plan | ||||||
18 | offered through the Health Insurance Marketplace policy of | ||||||
19 | accident and health insurance amended, delivered, issued, | ||||||
20 | or renewed in this State on or after the effective date of | ||||||
21 | this amendatory Act of the 99th General Assembly this | ||||||
22 | amendatory Act of the 97th General Assembly that provides | ||||||
23 | coverage for hospital or medical treatment and for the | ||||||
24 | treatment of mental, emotional, nervous, or substance use | ||||||
25 | disorders or conditions the following provisions shall | ||||||
26 | apply: |
| |||||||
| |||||||
1 | (A) if the policy does not include an annual limit | ||||||
2 | on substantially all hospital and medical benefits, | ||||||
3 | then the policy may not impose any annual limits on | ||||||
4 | mental, emotional, nervous, or substance use disorder | ||||||
5 | or condition benefits; or | ||||||
6 | (B) if the policy includes an annual limit on | ||||||
7 | substantially all hospital and medical benefits (in | ||||||
8 | this subsection referred to as the "applicable annual | ||||||
9 | limit"), then the policy shall either: | ||||||
10 | (i) apply the applicable annual limit both to | ||||||
11 | the hospital and medical benefits to which it | ||||||
12 | otherwise would apply and to mental, emotional, | ||||||
13 | nervous, or substance use disorder or condition | ||||||
14 | benefits and not distinguish in the application of | ||||||
15 | the limit between the hospital and medical | ||||||
16 | benefits and mental, emotional, nervous, or | ||||||
17 | substance use disorder or condition benefits; or | ||||||
18 | (ii) not include any annual limit on mental, | ||||||
19 | emotional, nervous, or substance use disorder or | ||||||
20 | condition benefits that is less than the | ||||||
21 | applicable annual limit. | ||||||
22 | (2) In the case of a policy that is not described in | ||||||
23 | paragraph (1) of subsection (c) of this Section and that | ||||||
24 | includes no or different annual limits on different | ||||||
25 | categories of hospital and medical benefits, the Director | ||||||
26 | shall establish rules under which subparagraph (B) of |
| |||||||
| |||||||
1 | paragraph (1) of subsection (c) of this Section is applied | ||||||
2 | to such policy with respect to mental, emotional, nervous, | ||||||
3 | or substance use disorder or condition benefits by | ||||||
4 | substituting for the applicable annual limit an average | ||||||
5 | annual limit that is computed taking into account the | ||||||
6 | weighted average of the annual limits applicable to such | ||||||
7 | categories. | ||||||
8 | (d) With respect to substance use disorders, an insurer | ||||||
9 | shall use policies and procedures for the election and | ||||||
10 | placement of substance abuse treatment drugs on their formulary | ||||||
11 | that are no less favorable to the insured as those policies and | ||||||
12 | procedures the insurer uses for the selection and placement of | ||||||
13 | other drugs and shall follow the expedited coverage | ||||||
14 | determination requirements for substance abuse treatment drugs | ||||||
15 | set forth in Section 45.2 of the Managed Care Reform and | ||||||
16 | Patient Rights Act. | ||||||
17 | (e) (d) This Section shall be interpreted in a manner | ||||||
18 | consistent with all applicable federal parity regulations | ||||||
19 | including, but not limited to, the Mental Health Parity and | ||||||
20 | Addiction Equity Act of 2008 at 78 FR 68240. the interim final | ||||||
21 | regulations promulgated by the U.S. Department of Health and | ||||||
22 | Human Services at 75 FR 5410, including the prohibition against | ||||||
23 | applying a cumulative financial requirement or cumulative | ||||||
24 | quantitative treatment limitation for mental, emotional, | ||||||
25 | nervous, or substance use disorder benefits that accumulates | ||||||
26 | separately from any cumulative financial requirement or |
| |||||||
| |||||||
1 | cumulative quantitative treatment limitation established for | ||||||
2 | hospital and medical benefits in the same classification. | ||||||
3 | (f) (e) The provisions of subsections (b) and (c) of this | ||||||
4 | Section shall not be interpreted to allow the use of lifetime | ||||||
5 | or annual limits otherwise prohibited by State or federal law. | ||||||
6 | (f) This Section shall not apply to individual health | ||||||
7 | insurance coverage as defined in Section 5 of the Illinois | ||||||
8 | Health Insurance Portability and Accountability Act. | ||||||
9 | (g) As used in this Section: | ||||||
10 | "Financial requirement" includes deductibles, copayments, | ||||||
11 | coinsurance, and out-of-pocket maximums, but does not include | ||||||
12 | an aggregate lifetime limit or an annual limit subject to | ||||||
13 | subsections (b) and (c). | ||||||
14 | "Treatment limitation" includes limits on benefits based | ||||||
15 | on the frequency of treatment, number of visits, days of | ||||||
16 | coverage, days in a waiting period, or other similar limits on | ||||||
17 | the scope or duration of treatment. "Treatment limitation" | ||||||
18 | includes both quantitative treatment limitations, which are | ||||||
19 | expressed numerically (such as 50 outpatient visits per year), | ||||||
20 | and nonquantitative treatment limitations, which otherwise | ||||||
21 | limit the scope or duration of treatment. A permanent exclusion | ||||||
22 | of all benefits for a particular condition or disorder shall | ||||||
23 | not be considered a treatment limitation. "Nonquantitative | ||||||
24 | treatment" means those limitations as described under federal | ||||||
25 | regulations (26 CFR 54.9812-1).
| ||||||
26 | (h) The Department of Insurance shall implement the |
| |||||||
| |||||||
1 | following education initiatives: | ||||||
2 | (1) By January 1, 2016, the Department shall develop a | ||||||
3 | plan for a Consumer Education Campaign on parity. The | ||||||
4 | Consumer Education Campaign shall focus its efforts | ||||||
5 | throughout the State and include trainings in the northern, | ||||||
6 | southern, and central regions of the State, as defined by | ||||||
7 | the Department, as well as each of the 5 managed care | ||||||
8 | regions of the State as identified by the Department of | ||||||
9 | Healthcare and Family Services. Under this Consumer | ||||||
10 | Education Campaign, the Department shall: (1) by January 1, | ||||||
11 | 2017, provide at least one live training in each region on | ||||||
12 | parity for consumers and providers and one webinar training | ||||||
13 | to be posted on the Department website and (2) establish a | ||||||
14 | consumer hotline to assist consumers in navigating the | ||||||
15 | parity process by March 1, 2016. By January 1, 2018 the | ||||||
16 | Department shall issue a report to the General Assembly on | ||||||
17 | the success of the Consumer Education Campaign, which shall | ||||||
18 | indicate whether additional training is necessary or would | ||||||
19 | be recommended. | ||||||
20 | (2) The Department, in coordination with the | ||||||
21 | Department of Human Services and the Department of | ||||||
22 | Healthcare and Family Services, shall convene a working | ||||||
23 | group of health care insurance carriers, mental health | ||||||
24 | advocacy groups, substance abuse patient advocacy groups, | ||||||
25 | and mental health physician groups for the purpose of | ||||||
26 | discussing issues related to the treatment and coverage of |
| |||||||
| |||||||
1 | substance abuse disorders and mental illness. The working | ||||||
2 | group shall meet once before January 1, 2016 and shall meet | ||||||
3 | semiannually thereafter. The Department shall issue an | ||||||
4 | annual report to the General Assembly that includes a list | ||||||
5 | of the health care insurance carriers, mental health | ||||||
6 | advocacy groups, substance abuse patient advocacy groups, | ||||||
7 | and mental health physician groups that participated in the | ||||||
8 | working group meetings, details on the issues and topics | ||||||
9 | covered, and any legislative recommendations. | ||||||
10 | (i) The Parity Education Fund is created as a special fund | ||||||
11 | in the State treasury. Moneys deposited into the Fund for | ||||||
12 | appropriation by the General Assembly to the Department of | ||||||
13 | Insurance shall be used for the purpose of providing financial | ||||||
14 | support of the Consumer Education Campaign. | ||||||
15 | (Source: P.A. 97-437, eff. 8-18-11.) | ||||||
16 | Section 5-80. The Health Carrier External Review Act is | ||||||
17 | amended by changing Sections 20 and 35 as follows: | ||||||
18 | (215 ILCS 180/20)
| ||||||
19 | Sec. 20. Notice of right to external review. | ||||||
20 | (a) At the same time the health carrier sends written | ||||||
21 | notice of a covered person's right to appeal a coverage | ||||||
22 | decision upon an adverse determination or a final adverse | ||||||
23 | determination, a health carrier shall notify a covered person, | ||||||
24 | the covered person's authorized representative, if any, and a |
| |||||||
| |||||||
1 | covered person's health care provider in writing of the covered | ||||||
2 | person's right to request an external review as provided by | ||||||
3 | this Act. The written notice required shall include the | ||||||
4 | following, or substantially equivalent, language: "We have | ||||||
5 | denied your request for the provision of or payment for a | ||||||
6 | health care service or course of treatment. You have the right | ||||||
7 | to have our decision reviewed by an independent review | ||||||
8 | organization not associated with us by submitting a written | ||||||
9 | request for an external review to the Department of Insurance, | ||||||
10 | Office of Consumer Health Information, 320 West Washington | ||||||
11 | Street, 4th Floor, Springfield, Illinois, 62767.". The written | ||||||
12 | notice shall include a copy of the Department's Request for | ||||||
13 | External Review form. | ||||||
14 | (a-5) The Department may prescribe the form and content of | ||||||
15 | the notice required under this Section. | ||||||
16 | (b) In addition to the notice required in subsection (a), | ||||||
17 | for a notice related to an adverse determination, the health | ||||||
18 | carrier shall include a statement informing the covered person | ||||||
19 | of all of the following: | ||||||
20 | (1) If the covered person has a medical condition where | ||||||
21 | the timeframe for completion of (A) an expedited internal | ||||||
22 | review of an appeal involving an adverse determination, (B) | ||||||
23 | a final adverse determination, or (C) a standard external | ||||||
24 | review as established in this Act, would seriously | ||||||
25 | jeopardize the life or health of the covered person or | ||||||
26 | would jeopardize the covered person's ability to regain |
| |||||||
| |||||||
1 | maximum function, then the covered person or the covered | ||||||
2 | person's authorized representative may file a request for | ||||||
3 | an expedited external review. | ||||||
4 | (2) The covered person or the covered person's | ||||||
5 | authorized representative may file an appeal under the | ||||||
6 | health carrier's internal appeal process, but if the health | ||||||
7 | carrier has not issued a written decision to the covered | ||||||
8 | person or the covered person's authorized representative | ||||||
9 | 30 days following the date the covered person or the | ||||||
10 | covered person's authorized representative files an appeal | ||||||
11 | of an adverse determination that involves a concurrent or | ||||||
12 | prospective review request or 60 days following the date | ||||||
13 | the covered person or the covered person's authorized | ||||||
14 | representative files an appeal of an adverse determination | ||||||
15 | that involves a retrospective review request with the | ||||||
16 | health carrier and the covered person or the covered | ||||||
17 | person's authorized representative has not requested or | ||||||
18 | agreed to a delay, then the covered person or the covered | ||||||
19 | person's authorized representative may file a request for | ||||||
20 | external review and shall be considered to have exhausted | ||||||
21 | the health carrier's internal appeal process for purposes | ||||||
22 | of this Act. | ||||||
23 | (3) If the covered person or the covered person's | ||||||
24 | authorized representative filed a request for an expedited | ||||||
25 | internal review of an adverse determination and has not | ||||||
26 | received a decision on such request from the health carrier |
| |||||||
| |||||||
1 | within 48 hours, except to the extent the covered person or | ||||||
2 | the covered person's authorized representative requested | ||||||
3 | or agreed to a delay, then the covered person or the | ||||||
4 | covered person's authorized representative may file a | ||||||
5 | request for external review and shall be considered to have | ||||||
6 | exhausted the health carrier's internal appeal process for | ||||||
7 | the purposes of this Act. | ||||||
8 | (4) If an adverse determination concerns a denial of | ||||||
9 | coverage based on a determination that the recommended or | ||||||
10 | requested health care service or treatment is experimental | ||||||
11 | or investigational and the covered person's health care | ||||||
12 | provider certifies in writing that the recommended or | ||||||
13 | requested health care service or treatment that is the | ||||||
14 | subject of the request would be significantly less | ||||||
15 | effective if not promptly initiated, then the covered | ||||||
16 | person or the covered person's authorized representative | ||||||
17 | may request an expedited external review at the same time | ||||||
18 | the covered person or the covered person's authorized | ||||||
19 | representative files a request for an expedited internal | ||||||
20 | appeal involving an adverse determination. The independent | ||||||
21 | review organization assigned to conduct the expedited | ||||||
22 | external review shall determine whether the covered person | ||||||
23 | is required to complete the expedited review of the appeal | ||||||
24 | prior to conducting the expedited external review. | ||||||
25 | (c) In addition to the notice required in subsection (a), | ||||||
26 | for a notice related to a final adverse determination, the |
| |||||||
| |||||||
1 | health carrier shall include a statement informing the covered | ||||||
2 | person of all of the following: | ||||||
3 | (1) if the covered person has a medical condition where | ||||||
4 | the timeframe for completion of a standard external review | ||||||
5 | would seriously jeopardize the life or health of the | ||||||
6 | covered person or would jeopardize the covered person's | ||||||
7 | ability to regain maximum function, then the covered person | ||||||
8 | or the covered person's authorized representative may file | ||||||
9 | a request for an expedited external review; or | ||||||
10 | (2) if a final adverse determination concerns an | ||||||
11 | admission, availability of care, continued stay, or health | ||||||
12 | care service for which the covered person received | ||||||
13 | emergency services, but has not been discharged from a | ||||||
14 | facility, then the covered person, or the covered person's | ||||||
15 | authorized representative, may request an expedited | ||||||
16 | external review; or | ||||||
17 | (3) if a final adverse determination concerns a denial | ||||||
18 | of coverage based on a determination that the recommended | ||||||
19 | or requested health care service or treatment is | ||||||
20 | experimental or investigational, and the covered person's | ||||||
21 | health care provider certifies in writing that the | ||||||
22 | recommended or requested health care service or treatment | ||||||
23 | that is the subject of the request would be significantly | ||||||
24 | less effective if not promptly initiated, then the covered | ||||||
25 | person or the covered person's authorized representative | ||||||
26 | may request an expedited external review. |
| |||||||
| |||||||
1 | (d) In addition to the information to be provided pursuant | ||||||
2 | to subsections (a), (b), and (c) of this Section, the health | ||||||
3 | carrier shall include a copy of the description of both the | ||||||
4 | required standard and expedited external review procedures. | ||||||
5 | The description shall highlight the external review procedures | ||||||
6 | that give the covered person or the covered person's authorized | ||||||
7 | representative the opportunity to submit additional | ||||||
8 | information, including any forms used to process an external | ||||||
9 | review.
| ||||||
10 | (e) As part of any forms provided under subsection (d) of | ||||||
11 | this Section, the health carrier shall include an authorization | ||||||
12 | form, or other document approved by the Director, by which the | ||||||
13 | covered person, for purposes of conducting an external review | ||||||
14 | under this Act, authorizes the health carrier and the covered | ||||||
15 | person's treating health care provider to disclose protected | ||||||
16 | health information, including medical records, concerning the | ||||||
17 | covered person that is pertinent to the external review, as | ||||||
18 | provided in the Illinois Insurance Code. | ||||||
19 | (Source: P.A. 96-857, eff. 7-1-10; 97-574, eff. 8-26-11.) | ||||||
20 | (215 ILCS 180/35)
| ||||||
21 | Sec. 35. Standard external review. | ||||||
22 | (a) Within 4 months after the date of receipt of a notice | ||||||
23 | of an adverse determination or final adverse determination, a | ||||||
24 | covered person or the covered person's authorized | ||||||
25 | representative may file a request for an external review with |
| |||||||
| |||||||
1 | the Director. Within one business day after the date of receipt | ||||||
2 | of a request for external review, the Director shall send a | ||||||
3 | copy of the request to the health carrier. | ||||||
4 | (b) Within 5 business days following the date of receipt of | ||||||
5 | the external review request, the health carrier shall complete | ||||||
6 | a preliminary review of the request to determine whether:
| ||||||
7 | (1) the individual is or was a covered person in the | ||||||
8 | health benefit plan at the time the health care service was | ||||||
9 | requested or at the time the health care service was | ||||||
10 | provided; | ||||||
11 | (2) the health care service that is the subject of the | ||||||
12 | adverse determination or the final adverse determination | ||||||
13 | is a covered service under the covered person's health | ||||||
14 | benefit plan, but the health carrier has determined that | ||||||
15 | the health care service is not covered; | ||||||
16 | (3) the covered person has exhausted the health | ||||||
17 | carrier's internal appeal process unless the covered | ||||||
18 | person is not required to exhaust the health carrier's | ||||||
19 | internal appeal process pursuant to this Act; | ||||||
20 | (4) (blank); and | ||||||
21 | (5) the covered person has provided all the information | ||||||
22 | and forms required to process an external review, as | ||||||
23 | specified in this Act. | ||||||
24 | (c) Within one business day after completion of the | ||||||
25 | preliminary review, the health carrier shall notify the | ||||||
26 | Director and covered person and, if applicable, the covered |
| |||||||
| |||||||
1 | person's authorized representative in writing whether the | ||||||
2 | request is complete and eligible for external review. If the | ||||||
3 | request: | ||||||
4 | (1) is not complete, the health carrier shall inform | ||||||
5 | the Director and covered person and, if applicable, the | ||||||
6 | covered person's authorized representative in writing and | ||||||
7 | include in the notice what information or materials are | ||||||
8 | required by this Act to make the request complete; or | ||||||
9 | (2) is not eligible for external review, the health | ||||||
10 | carrier shall inform the Director and covered person and, | ||||||
11 | if applicable, the covered person's authorized | ||||||
12 | representative in writing and include in the notice the | ||||||
13 | reasons for its ineligibility.
| ||||||
14 | The Department may specify the form for the health | ||||||
15 | carrier's notice of initial determination under this | ||||||
16 | subsection (c) and any supporting information to be included in | ||||||
17 | the notice. | ||||||
18 | The notice of initial determination of ineligibility shall | ||||||
19 | include a statement informing the covered person and, if | ||||||
20 | applicable, the covered person's authorized representative | ||||||
21 | that a health carrier's initial determination that the external | ||||||
22 | review request is ineligible for review may be appealed to the | ||||||
23 | Director by filing a complaint with the Director. | ||||||
24 | Notwithstanding a health carrier's initial determination | ||||||
25 | that the request is ineligible for external review, the | ||||||
26 | Director may determine that a request is eligible for external |
| |||||||
| |||||||
1 | review and require that it be referred for external review. In | ||||||
2 | making such determination, the Director's decision shall be in | ||||||
3 | accordance with the terms of the covered person's health | ||||||
4 | benefit plan, unless such terms are inconsistent with | ||||||
5 | applicable law, and shall be subject to all applicable | ||||||
6 | provisions of this Act. | ||||||
7 | (d) Whenever the Director receives notice that a request is | ||||||
8 | eligible for external review following the preliminary review | ||||||
9 | conducted pursuant to this Section, within one business day | ||||||
10 | after the date of receipt of the notice, the Director shall: | ||||||
11 | (1) assign an independent review organization from the | ||||||
12 | list of approved independent review organizations compiled | ||||||
13 | and maintained by the Director pursuant to this Act and | ||||||
14 | notify the health carrier of the name of the assigned | ||||||
15 | independent review organization; and | ||||||
16 | (2) notify in writing the covered person and, if | ||||||
17 | applicable, the covered person's authorized representative | ||||||
18 | of the request's eligibility and acceptance for external | ||||||
19 | review and the name of the independent review organization. | ||||||
20 | The Director shall include in the notice provided to the | ||||||
21 | covered person and, if applicable, the covered person's | ||||||
22 | authorized representative a statement that the covered person | ||||||
23 | or the covered person's authorized representative may, within 5 | ||||||
24 | business days following the date of receipt of the notice | ||||||
25 | provided pursuant to item (2) of this subsection (d), submit in | ||||||
26 | writing to the assigned independent review organization |
| |||||||
| |||||||
1 | additional information that the independent review | ||||||
2 | organization shall consider when conducting the external | ||||||
3 | review. The independent review organization is not required to, | ||||||
4 | but may, accept and consider additional information submitted | ||||||
5 | after 5 business days. | ||||||
6 | (e) The assignment by the Director of an approved | ||||||
7 | independent review organization to conduct an external review | ||||||
8 | in accordance with this Section shall be done on a random basis | ||||||
9 | among those independent review organizations approved by the | ||||||
10 | Director pursuant to this Act. | ||||||
11 | (f) Within 5 business days after the date of receipt of the | ||||||
12 | notice provided pursuant to item (1) of subsection (d) of this | ||||||
13 | Section, the health carrier or its designee utilization review | ||||||
14 | organization shall provide to the assigned independent review | ||||||
15 | organization the documents and any information considered in | ||||||
16 | making the adverse determination or final adverse | ||||||
17 | determination; in such cases, the following provisions shall | ||||||
18 | apply: | ||||||
19 | (1) Except as provided in item (2) of this subsection | ||||||
20 | (f), failure by the health carrier or its utilization | ||||||
21 | review organization to provide the documents and | ||||||
22 | information within the specified time frame shall not delay | ||||||
23 | the conduct of the external review. | ||||||
24 | (2) If the health carrier or its utilization review | ||||||
25 | organization fails to provide the documents and | ||||||
26 | information within the specified time frame, the assigned |
| |||||||
| |||||||
1 | independent review organization may terminate the external | ||||||
2 | review and make a decision to reverse the adverse | ||||||
3 | determination or final adverse determination. | ||||||
4 | (3) Within one business day after making the decision | ||||||
5 | to terminate the external review and make a decision to | ||||||
6 | reverse the adverse determination or final adverse | ||||||
7 | determination under item (2) of this subsection (f), the | ||||||
8 | independent review organization shall notify the Director, | ||||||
9 | the health carrier, the covered person and, if applicable, | ||||||
10 | the covered person's authorized representative, of its | ||||||
11 | decision to reverse the adverse determination. | ||||||
12 | (g) Upon receipt of the information from the health carrier | ||||||
13 | or its utilization review organization, the assigned | ||||||
14 | independent review organization shall review all of the | ||||||
15 | information and documents and any other information submitted | ||||||
16 | in writing to the independent review organization by the | ||||||
17 | covered person and the covered person's authorized | ||||||
18 | representative. | ||||||
19 | (h) Upon receipt of any information submitted by the | ||||||
20 | covered person or the covered person's authorized | ||||||
21 | representative, the independent review organization shall | ||||||
22 | forward the information to the health carrier within 1 business | ||||||
23 | day. | ||||||
24 | (1) Upon receipt of the information, if any, the health | ||||||
25 | carrier may reconsider its adverse determination or final | ||||||
26 | adverse determination that is the subject of the external |
| |||||||
| |||||||
1 | review.
| ||||||
2 | (2) Reconsideration by the health carrier of its | ||||||
3 | adverse determination or final adverse determination shall | ||||||
4 | not delay or terminate the external review.
| ||||||
5 | (3) The external review may only be terminated if the | ||||||
6 | health carrier decides, upon completion of its | ||||||
7 | reconsideration, to reverse its adverse determination or | ||||||
8 | final adverse determination and provide coverage or | ||||||
9 | payment for the health care service that is the subject of | ||||||
10 | the adverse determination or final adverse determination. | ||||||
11 | In such cases, the following provisions shall apply: | ||||||
12 | (A) Within one business day after making the | ||||||
13 | decision to reverse its adverse determination or final | ||||||
14 | adverse determination, the health carrier shall notify | ||||||
15 | the Director, the covered person and, if applicable, | ||||||
16 | the covered person's authorized representative, and | ||||||
17 | the assigned independent review organization in | ||||||
18 | writing of its decision. | ||||||
19 | (B) Upon notice from the health carrier that the | ||||||
20 | health carrier has made a decision to reverse its | ||||||
21 | adverse determination or final adverse determination, | ||||||
22 | the assigned independent review organization shall | ||||||
23 | terminate the external review. | ||||||
24 | (i) In addition to the documents and information provided | ||||||
25 | by the health carrier or its utilization review organization | ||||||
26 | and the covered person and the covered person's authorized |
| |||||||
| |||||||
1 | representative, if any, the independent review organization, | ||||||
2 | to the extent the information or documents are available and | ||||||
3 | the independent review organization considers them | ||||||
4 | appropriate, shall consider the following in reaching a | ||||||
5 | decision: | ||||||
6 | (1) the covered person's pertinent medical records; | ||||||
7 | (2) the covered person's health care provider's | ||||||
8 | recommendation; | ||||||
9 | (3) consulting reports from appropriate health care | ||||||
10 | providers and other documents submitted by the health | ||||||
11 | carrier or its designee utilization review organization, | ||||||
12 | the covered person, the covered person's authorized | ||||||
13 | representative, or the covered person's treating provider; | ||||||
14 | (4) the terms of coverage under the covered person's | ||||||
15 | health benefit plan with the health carrier to ensure that | ||||||
16 | the independent review organization's decision is not | ||||||
17 | contrary to the terms of coverage under the covered | ||||||
18 | person's health benefit plan with the health carrier, | ||||||
19 | unless the terms are inconsistent with applicable law; | ||||||
20 | (5) the most appropriate practice guidelines, which | ||||||
21 | shall include applicable evidence-based standards and may | ||||||
22 | include any other practice guidelines developed by the | ||||||
23 | federal government, national or professional medical | ||||||
24 | societies, boards, and associations; | ||||||
25 | (6) any applicable clinical review criteria developed | ||||||
26 | and used by the health carrier or its designee utilization |
| |||||||
| |||||||
1 | review organization; | ||||||
2 | (7) the opinion of the independent review | ||||||
3 | organization's clinical reviewer or reviewers after | ||||||
4 | considering items (1) through (6) of this subsection (i) to | ||||||
5 | the extent the information or documents are available and | ||||||
6 | the clinical reviewer or reviewers considers the | ||||||
7 | information or documents appropriate; and | ||||||
8 | (8) (blank) ; and . | ||||||
9 | (9) in the case of medically necessary determinations | ||||||
10 | for substance use disorders, the patient placement | ||||||
11 | criteria established by the American Society of Addiction | ||||||
12 | Medicine. | ||||||
13 | (j) Within 5 days after the date of receipt of all | ||||||
14 | necessary information, but in no event more than 45 days after | ||||||
15 | the date of receipt of the request for an external review, the | ||||||
16 | assigned independent review organization shall provide written | ||||||
17 | notice of its decision to uphold or reverse the adverse | ||||||
18 | determination or the final adverse determination to the | ||||||
19 | Director, the health carrier, the covered person, and, if | ||||||
20 | applicable, the covered person's authorized representative. In | ||||||
21 | reaching a decision, the assigned independent review | ||||||
22 | organization is not bound by any claim determinations reached | ||||||
23 | prior to the submission of information to the independent | ||||||
24 | review organization. In such cases, the following provisions | ||||||
25 | shall apply: | ||||||
26 | (1) The independent review organization shall include |
| |||||||
| |||||||
1 | in the notice: | ||||||
2 | (A) a general description of the reason for the | ||||||
3 | request for external review; | ||||||
4 | (B) the date the independent review organization | ||||||
5 | received the assignment from the Director to conduct | ||||||
6 | the external review; | ||||||
7 | (C) the time period during which the external | ||||||
8 | review was conducted; | ||||||
9 | (D) references to the evidence or documentation, | ||||||
10 | including the evidence-based standards, considered in | ||||||
11 | reaching its decision; | ||||||
12 | (E) the date of its decision; | ||||||
13 | (F) the principal reason or reasons for its | ||||||
14 | decision, including what applicable, if any, | ||||||
15 | evidence-based standards that were a basis for its | ||||||
16 | decision; and
| ||||||
17 | (G) the rationale for its decision. | ||||||
18 | (2) (Blank). | ||||||
19 | (3) (Blank). | ||||||
20 | (4) Upon receipt of a notice of a decision reversing | ||||||
21 | the adverse determination or final adverse determination, | ||||||
22 | the health carrier immediately shall approve the coverage | ||||||
23 | that was the subject of the adverse determination or final | ||||||
24 | adverse determination.
| ||||||
25 | (Source: P.A. 96-857, eff. 7-1-10; 96-967, eff. 1-1-11; 97-574, | ||||||
26 | eff. 8-26-11.) |
| |||||||
| |||||||
1 | Section 5-85. The Illinois Public Aid Code is amended by | ||||||
2 | changing Sections 5-5 and 5-16.8 as follows:
| ||||||
3 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
4 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
5 | rule, shall
determine the quantity and quality of and the rate | ||||||
6 | of reimbursement for the
medical assistance for which
payment | ||||||
7 | will be authorized, and the medical services to be provided,
| ||||||
8 | which may include all or part of the following: (1) inpatient | ||||||
9 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
10 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
11 | services; (5) physicians'
services whether furnished in the | ||||||
12 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
13 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
14 | care furnished by licensed practitioners; (7)
home health care | ||||||
15 | services; (8) private duty nursing service; (9) clinic
| ||||||
16 | services; (10) dental services, including prevention and | ||||||
17 | treatment of periodontal disease and dental caries disease for | ||||||
18 | pregnant women, provided by an individual licensed to practice | ||||||
19 | dentistry or dental surgery; for purposes of this item (10), | ||||||
20 | "dental services" means diagnostic, preventive, or corrective | ||||||
21 | procedures provided by or under the supervision of a dentist in | ||||||
22 | the practice of his or her profession; (11) physical therapy | ||||||
23 | and related
services; (12) prescribed drugs, dentures, and | ||||||
24 | prosthetic devices; and
eyeglasses prescribed by a physician |
| |||||||
| |||||||
1 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
2 | whichever the person may select; (13) other
diagnostic, | ||||||
3 | screening, preventive, and rehabilitative services, including | ||||||
4 | to ensure that the individual's need for intervention or | ||||||
5 | treatment of mental disorders or substance use disorders or | ||||||
6 | co-occurring mental health and substance use disorders is | ||||||
7 | determined using a uniform screening, assessment, and | ||||||
8 | evaluation process inclusive of criteria, for children and | ||||||
9 | adults; for purposes of this item (13), a uniform screening, | ||||||
10 | assessment, and evaluation process refers to a process that | ||||||
11 | includes an appropriate evaluation and, as warranted, a | ||||||
12 | referral; "uniform" does not mean the use of a singular | ||||||
13 | instrument, tool, or process that all must utilize; (14)
| ||||||
14 | transportation and such other expenses as may be necessary; | ||||||
15 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
16 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
17 | Treatment Act, for
injuries sustained as a result of the sexual | ||||||
18 | assault, including
examinations and laboratory tests to | ||||||
19 | discover evidence which may be used in
criminal proceedings | ||||||
20 | arising from the sexual assault; (16) the
diagnosis and | ||||||
21 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
22 | care, and any other type of remedial care recognized
under the | ||||||
23 | laws of this State, but not including abortions, or induced
| ||||||
24 | miscarriages or premature births, unless, in the opinion of a | ||||||
25 | physician,
such procedures are necessary for the preservation | ||||||
26 | of the life of the
woman seeking such treatment, or except an |
| |||||||
| |||||||
1 | induced premature birth
intended to produce a live viable child | ||||||
2 | and such procedure is necessary
for the health of the mother or | ||||||
3 | her unborn child. The Illinois Department,
by rule, shall | ||||||
4 | prohibit any physician from providing medical assistance
to | ||||||
5 | anyone eligible therefor under this Code where such physician | ||||||
6 | has been
found guilty of performing an abortion procedure in a | ||||||
7 | wilful and wanton
manner upon a woman who was not pregnant at | ||||||
8 | the time such abortion
procedure was performed. The term "any | ||||||
9 | other type of remedial care" shall
include nursing care and | ||||||
10 | nursing home service for persons who rely on
treatment by | ||||||
11 | spiritual means alone through prayer for healing.
| ||||||
12 | Notwithstanding any other provision of this Section, a | ||||||
13 | comprehensive
tobacco use cessation program that includes | ||||||
14 | purchasing prescription drugs or
prescription medical devices | ||||||
15 | approved by the Food and Drug Administration shall
be covered | ||||||
16 | under the medical assistance
program under this Article for | ||||||
17 | persons who are otherwise eligible for
assistance under this | ||||||
18 | Article.
| ||||||
19 | Notwithstanding any other provision of this Code, the | ||||||
20 | Illinois
Department may not require, as a condition of payment | ||||||
21 | for any laboratory
test authorized under this Article, that a | ||||||
22 | physician's handwritten signature
appear on the laboratory | ||||||
23 | test order form. The Illinois Department may,
however, impose | ||||||
24 | other appropriate requirements regarding laboratory test
order | ||||||
25 | documentation.
| ||||||
26 | Upon receipt of federal approval of an amendment to the |
| |||||||
| |||||||
1 | Illinois Title XIX State Plan for this purpose, the Department | ||||||
2 | shall authorize the Chicago Public Schools (CPS) to procure a | ||||||
3 | vendor or vendors to manufacture eyeglasses for individuals | ||||||
4 | enrolled in a school within the CPS system. CPS shall ensure | ||||||
5 | that its vendor or vendors are enrolled as providers in the | ||||||
6 | medical assistance program and in any capitated Medicaid | ||||||
7 | managed care entity (MCE) serving individuals enrolled in a | ||||||
8 | school within the CPS system. Under any contract procured under | ||||||
9 | this provision, the vendor or vendors must serve only | ||||||
10 | individuals enrolled in a school within the CPS system. Claims | ||||||
11 | for services provided by CPS's vendor or vendors to recipients | ||||||
12 | of benefits in the medical assistance program under this Code, | ||||||
13 | the Children's Health Insurance Program, or the Covering ALL | ||||||
14 | KIDS Health Insurance Program shall be submitted to the | ||||||
15 | Department or the MCE in which the individual is enrolled for | ||||||
16 | payment and shall be reimbursed at the Department's or the | ||||||
17 | MCE's established rates or rate methodologies for eyeglasses. | ||||||
18 | On and after July 1, 2012, the Department of Healthcare and | ||||||
19 | Family Services may provide the following services to
persons
| ||||||
20 | eligible for assistance under this Article who are | ||||||
21 | participating in
education, training or employment programs | ||||||
22 | operated by the Department of Human
Services as successor to | ||||||
23 | the Department of Public Aid:
| ||||||
24 | (1) dental services provided by or under the | ||||||
25 | supervision of a dentist; and
| ||||||
26 | (2) eyeglasses prescribed by a physician skilled in the |
| |||||||
| |||||||
1 | diseases of the
eye, or by an optometrist, whichever the | ||||||
2 | person may select.
| ||||||
3 | Notwithstanding any other provision of this Code and | ||||||
4 | subject to federal approval, the Department may adopt rules to | ||||||
5 | allow a dentist who is volunteering his or her service at no | ||||||
6 | cost to render dental services through an enrolled | ||||||
7 | not-for-profit health clinic without the dentist personally | ||||||
8 | enrolling as a participating provider in the medical assistance | ||||||
9 | program. A not-for-profit health clinic shall include a public | ||||||
10 | health clinic or Federally Qualified Health Center or other | ||||||
11 | enrolled provider, as determined by the Department, through | ||||||
12 | which dental services covered under this Section are performed. | ||||||
13 | The Department shall establish a process for payment of claims | ||||||
14 | for reimbursement for covered dental services rendered under | ||||||
15 | this provision. | ||||||
16 | The Illinois Department, by rule, may distinguish and | ||||||
17 | classify the
medical services to be provided only in accordance | ||||||
18 | with the classes of
persons designated in Section 5-2.
| ||||||
19 | The Department of Healthcare and Family Services must | ||||||
20 | provide coverage and reimbursement for amino acid-based | ||||||
21 | elemental formulas, regardless of delivery method, for the | ||||||
22 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
23 | short bowel syndrome when the prescribing physician has issued | ||||||
24 | a written order stating that the amino acid-based elemental | ||||||
25 | formula is medically necessary.
| ||||||
26 | The Illinois Department shall authorize the provision of, |
| |||||||
| |||||||
1 | and shall
authorize payment for, screening by low-dose | ||||||
2 | mammography for the presence of
occult breast cancer for women | ||||||
3 | 35 years of age or older who are eligible
for medical | ||||||
4 | assistance under this Article, as follows: | ||||||
5 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
6 | age.
| ||||||
7 | (B) An annual mammogram for women 40 years of age or | ||||||
8 | older. | ||||||
9 | (C) A mammogram at the age and intervals considered | ||||||
10 | medically necessary by the woman's health care provider for | ||||||
11 | women under 40 years of age and having a family history of | ||||||
12 | breast cancer, prior personal history of breast cancer, | ||||||
13 | positive genetic testing, or other risk factors. | ||||||
14 | (D) A comprehensive ultrasound screening of an entire | ||||||
15 | breast or breasts if a mammogram demonstrates | ||||||
16 | heterogeneous or dense breast tissue, when medically | ||||||
17 | necessary as determined by a physician licensed to practice | ||||||
18 | medicine in all of its branches. | ||||||
19 | All screenings
shall
include a physical breast exam, | ||||||
20 | instruction on self-examination and
information regarding the | ||||||
21 | frequency of self-examination and its value as a
preventative | ||||||
22 | tool. For purposes of this Section, "low-dose mammography" | ||||||
23 | means
the x-ray examination of the breast using equipment | ||||||
24 | dedicated specifically
for mammography, including the x-ray | ||||||
25 | tube, filter, compression device,
and image receptor, with an | ||||||
26 | average radiation exposure delivery
of less than one rad per |
| |||||||
| |||||||
1 | breast for 2 views of an average size breast.
The term also | ||||||
2 | includes digital mammography.
| ||||||
3 | On and after January 1, 2012, providers participating in a | ||||||
4 | quality improvement program approved by the Department shall be | ||||||
5 | reimbursed for screening and diagnostic mammography at the same | ||||||
6 | rate as the Medicare program's rates, including the increased | ||||||
7 | reimbursement for digital mammography. | ||||||
8 | The Department shall convene an expert panel including | ||||||
9 | representatives of hospitals, free-standing mammography | ||||||
10 | facilities, and doctors, including radiologists, to establish | ||||||
11 | quality standards. | ||||||
12 | Subject to federal approval, the Department shall | ||||||
13 | establish a rate methodology for mammography at federally | ||||||
14 | qualified health centers and other encounter-rate clinics. | ||||||
15 | These clinics or centers may also collaborate with other | ||||||
16 | hospital-based mammography facilities. | ||||||
17 | The Department shall establish a methodology to remind | ||||||
18 | women who are age-appropriate for screening mammography, but | ||||||
19 | who have not received a mammogram within the previous 18 | ||||||
20 | months, of the importance and benefit of screening mammography. | ||||||
21 | The Department shall establish a performance goal for | ||||||
22 | primary care providers with respect to their female patients | ||||||
23 | over age 40 receiving an annual mammogram. This performance | ||||||
24 | goal shall be used to provide additional reimbursement in the | ||||||
25 | form of a quality performance bonus to primary care providers | ||||||
26 | who meet that goal. |
| |||||||
| |||||||
1 | The Department shall devise a means of case-managing or | ||||||
2 | patient navigation for beneficiaries diagnosed with breast | ||||||
3 | cancer. This program shall initially operate as a pilot program | ||||||
4 | in areas of the State with the highest incidence of mortality | ||||||
5 | related to breast cancer. At least one pilot program site shall | ||||||
6 | be in the metropolitan Chicago area and at least one site shall | ||||||
7 | be outside the metropolitan Chicago area. An evaluation of the | ||||||
8 | pilot program shall be carried out measuring health outcomes | ||||||
9 | and cost of care for those served by the pilot program compared | ||||||
10 | to similarly situated patients who are not served by the pilot | ||||||
11 | program. | ||||||
12 | Any medical or health care provider shall immediately | ||||||
13 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
14 | services and is suspected
of drug abuse or is addicted as | ||||||
15 | defined in the Alcoholism and Other Drug Abuse
and Dependency | ||||||
16 | Act, referral to a local substance abuse treatment provider
| ||||||
17 | licensed by the Department of Human Services or to a licensed
| ||||||
18 | hospital which provides substance abuse treatment services. | ||||||
19 | The Department of Healthcare and Family Services
shall assure | ||||||
20 | coverage for the cost of treatment of the drug abuse or
| ||||||
21 | addiction for pregnant recipients in accordance with the | ||||||
22 | Illinois Medicaid
Program in conjunction with the Department of | ||||||
23 | Human Services.
| ||||||
24 | All medical providers providing medical assistance to | ||||||
25 | pregnant women
under this Code shall receive information from | ||||||
26 | the Department on the
availability of services under the Drug |
| |||||||
| |||||||
1 | Free Families with a Future or any
comparable program providing | ||||||
2 | case management services for addicted women,
including | ||||||
3 | information on appropriate referrals for other social services
| ||||||
4 | that may be needed by addicted women in addition to treatment | ||||||
5 | for addiction.
| ||||||
6 | The Illinois Department, in cooperation with the | ||||||
7 | Departments of Human
Services (as successor to the Department | ||||||
8 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
9 | public awareness campaign, may
provide information concerning | ||||||
10 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
11 | health care, and other pertinent programs directed at
reducing | ||||||
12 | the number of drug-affected infants born to recipients of | ||||||
13 | medical
assistance.
| ||||||
14 | Neither the Department of Healthcare and Family Services | ||||||
15 | nor the Department of Human
Services shall sanction the | ||||||
16 | recipient solely on the basis of
her substance abuse.
| ||||||
17 | The Illinois Department shall establish such regulations | ||||||
18 | governing
the dispensing of health services under this Article | ||||||
19 | as it shall deem
appropriate. The Department
should
seek the | ||||||
20 | advice of formal professional advisory committees appointed by
| ||||||
21 | the Director of the Illinois Department for the purpose of | ||||||
22 | providing regular
advice on policy and administrative matters, | ||||||
23 | information dissemination and
educational activities for | ||||||
24 | medical and health care providers, and
consistency in | ||||||
25 | procedures to the Illinois Department.
| ||||||
26 | The Illinois Department may develop and contract with |
| |||||||
| |||||||
1 | Partnerships of
medical providers to arrange medical services | ||||||
2 | for persons eligible under
Section 5-2 of this Code. | ||||||
3 | Implementation of this Section may be by
demonstration projects | ||||||
4 | in certain geographic areas. The Partnership shall
be | ||||||
5 | represented by a sponsor organization. The Department, by rule, | ||||||
6 | shall
develop qualifications for sponsors of Partnerships. | ||||||
7 | Nothing in this
Section shall be construed to require that the | ||||||
8 | sponsor organization be a
medical organization.
| ||||||
9 | The sponsor must negotiate formal written contracts with | ||||||
10 | medical
providers for physician services, inpatient and | ||||||
11 | outpatient hospital care,
home health services, treatment for | ||||||
12 | alcoholism and substance abuse, and
other services determined | ||||||
13 | necessary by the Illinois Department by rule for
delivery by | ||||||
14 | Partnerships. Physician services must include prenatal and
| ||||||
15 | obstetrical care. The Illinois Department shall reimburse | ||||||
16 | medical services
delivered by Partnership providers to clients | ||||||
17 | in target areas according to
provisions of this Article and the | ||||||
18 | Illinois Health Finance Reform Act,
except that:
| ||||||
19 | (1) Physicians participating in a Partnership and | ||||||
20 | providing certain
services, which shall be determined by | ||||||
21 | the Illinois Department, to persons
in areas covered by the | ||||||
22 | Partnership may receive an additional surcharge
for such | ||||||
23 | services.
| ||||||
24 | (2) The Department may elect to consider and negotiate | ||||||
25 | financial
incentives to encourage the development of | ||||||
26 | Partnerships and the efficient
delivery of medical care.
|
| |||||||
| |||||||
1 | (3) Persons receiving medical services through | ||||||
2 | Partnerships may receive
medical and case management | ||||||
3 | services above the level usually offered
through the | ||||||
4 | medical assistance program.
| ||||||
5 | Medical providers shall be required to meet certain | ||||||
6 | qualifications to
participate in Partnerships to ensure the | ||||||
7 | delivery of high quality medical
services. These | ||||||
8 | qualifications shall be determined by rule of the Illinois
| ||||||
9 | Department and may be higher than qualifications for | ||||||
10 | participation in the
medical assistance program. Partnership | ||||||
11 | sponsors may prescribe reasonable
additional qualifications | ||||||
12 | for participation by medical providers, only with
the prior | ||||||
13 | written approval of the Illinois Department.
| ||||||
14 | Nothing in this Section shall limit the free choice of | ||||||
15 | practitioners,
hospitals, and other providers of medical | ||||||
16 | services by clients.
In order to ensure patient freedom of | ||||||
17 | choice, the Illinois Department shall
immediately promulgate | ||||||
18 | all rules and take all other necessary actions so that
provided | ||||||
19 | services may be accessed from therapeutically certified | ||||||
20 | optometrists
to the full extent of the Illinois Optometric | ||||||
21 | Practice Act of 1987 without
discriminating between service | ||||||
22 | providers.
| ||||||
23 | The Department shall apply for a waiver from the United | ||||||
24 | States Health
Care Financing Administration to allow for the | ||||||
25 | implementation of
Partnerships under this Section.
| ||||||
26 | The Illinois Department shall require health care |
| |||||||
| |||||||
1 | providers to maintain
records that document the medical care | ||||||
2 | and services provided to recipients
of Medical Assistance under | ||||||
3 | this Article. Such records must be retained for a period of not | ||||||
4 | less than 6 years from the date of service or as provided by | ||||||
5 | applicable State law, whichever period is longer, except that | ||||||
6 | if an audit is initiated within the required retention period | ||||||
7 | then the records must be retained until the audit is completed | ||||||
8 | and every exception is resolved. The Illinois Department shall
| ||||||
9 | require health care providers to make available, when | ||||||
10 | authorized by the
patient, in writing, the medical records in a | ||||||
11 | timely fashion to other
health care providers who are treating | ||||||
12 | or serving persons eligible for
Medical Assistance under this | ||||||
13 | Article. All dispensers of medical services
shall be required | ||||||
14 | to maintain and retain business and professional records
| ||||||
15 | sufficient to fully and accurately document the nature, scope, | ||||||
16 | details and
receipt of the health care provided to persons | ||||||
17 | eligible for medical
assistance under this Code, in accordance | ||||||
18 | with regulations promulgated by
the Illinois Department. The | ||||||
19 | rules and regulations shall require that proof
of the receipt | ||||||
20 | of prescription drugs, dentures, prosthetic devices and
| ||||||
21 | eyeglasses by eligible persons under this Section accompany | ||||||
22 | each claim
for reimbursement submitted by the dispenser of such | ||||||
23 | medical services.
No such claims for reimbursement shall be | ||||||
24 | approved for payment by the Illinois
Department without such | ||||||
25 | proof of receipt, unless the Illinois Department
shall have put | ||||||
26 | into effect and shall be operating a system of post-payment
|
| |||||||
| |||||||
1 | audit and review which shall, on a sampling basis, be deemed | ||||||
2 | adequate by
the Illinois Department to assure that such drugs, | ||||||
3 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
4 | is being made are actually being
received by eligible | ||||||
5 | recipients. Within 90 days after the effective date of
this | ||||||
6 | amendatory Act of 1984, the Illinois Department shall establish | ||||||
7 | a
current list of acquisition costs for all prosthetic devices | ||||||
8 | and any
other items recognized as medical equipment and | ||||||
9 | supplies reimbursable under
this Article and shall update such | ||||||
10 | list on a quarterly basis, except that
the acquisition costs of | ||||||
11 | all prescription drugs shall be updated no
less frequently than | ||||||
12 | every 30 days as required by Section 5-5.12.
| ||||||
13 | The rules and regulations of the Illinois Department shall | ||||||
14 | require
that a written statement including the required opinion | ||||||
15 | of a physician
shall accompany any claim for reimbursement for | ||||||
16 | abortions, or induced
miscarriages or premature births. This | ||||||
17 | statement shall indicate what
procedures were used in providing | ||||||
18 | such medical services.
| ||||||
19 | Notwithstanding any other law to the contrary, the Illinois | ||||||
20 | Department shall, within 365 days after July 22, 2013 , (the | ||||||
21 | effective date of Public Act 98-104), establish procedures to | ||||||
22 | permit skilled care facilities licensed under the Nursing Home | ||||||
23 | Care Act to submit monthly billing claims for reimbursement | ||||||
24 | purposes. Following development of these procedures, the | ||||||
25 | Department shall have an additional 365 days to test the | ||||||
26 | viability of the new system and to ensure that any necessary |
| |||||||
| |||||||
1 | operational or structural changes to its information | ||||||
2 | technology platforms are implemented. | ||||||
3 | Notwithstanding any other law to the contrary, the Illinois | ||||||
4 | Department shall, within 365 days after August 15, 2014 ( the | ||||||
5 | effective date of Public Act 98-963) this amendatory Act of the | ||||||
6 | 98th General Assembly , establish procedures to permit ID/DD | ||||||
7 | facilities licensed under the ID/DD Community Care Act to | ||||||
8 | submit monthly billing claims for reimbursement purposes. | ||||||
9 | Following development of these procedures, the Department | ||||||
10 | shall have an additional 365 days to test the viability of the | ||||||
11 | new system and to ensure that any necessary operational or | ||||||
12 | structural changes to its information technology platforms are | ||||||
13 | implemented. | ||||||
14 | The Illinois Department shall require all dispensers of | ||||||
15 | medical
services, other than an individual practitioner or | ||||||
16 | group of practitioners,
desiring to participate in the Medical | ||||||
17 | Assistance program
established under this Article to disclose | ||||||
18 | all financial, beneficial,
ownership, equity, surety or other | ||||||
19 | interests in any and all firms,
corporations, partnerships, | ||||||
20 | associations, business enterprises, joint
ventures, agencies, | ||||||
21 | institutions or other legal entities providing any
form of | ||||||
22 | health care services in this State under this Article.
| ||||||
23 | The Illinois Department may require that all dispensers of | ||||||
24 | medical
services desiring to participate in the medical | ||||||
25 | assistance program
established under this Article disclose, | ||||||
26 | under such terms and conditions as
the Illinois Department may |
| |||||||
| |||||||
1 | by rule establish, all inquiries from clients
and attorneys | ||||||
2 | regarding medical bills paid by the Illinois Department, which
| ||||||
3 | inquiries could indicate potential existence of claims or liens | ||||||
4 | for the
Illinois Department.
| ||||||
5 | Enrollment of a vendor
shall be
subject to a provisional | ||||||
6 | period and shall be conditional for one year. During the period | ||||||
7 | of conditional enrollment, the Department may
terminate the | ||||||
8 | vendor's eligibility to participate in, or may disenroll the | ||||||
9 | vendor from, the medical assistance
program without cause. | ||||||
10 | Unless otherwise specified, such termination of eligibility or | ||||||
11 | disenrollment is not subject to the
Department's hearing | ||||||
12 | process.
However, a disenrolled vendor may reapply without | ||||||
13 | penalty.
| ||||||
14 | The Department has the discretion to limit the conditional | ||||||
15 | enrollment period for vendors based upon category of risk of | ||||||
16 | the vendor. | ||||||
17 | Prior to enrollment and during the conditional enrollment | ||||||
18 | period in the medical assistance program, all vendors shall be | ||||||
19 | subject to enhanced oversight, screening, and review based on | ||||||
20 | the risk of fraud, waste, and abuse that is posed by the | ||||||
21 | category of risk of the vendor. The Illinois Department shall | ||||||
22 | establish the procedures for oversight, screening, and review, | ||||||
23 | which may include, but need not be limited to: criminal and | ||||||
24 | financial background checks; fingerprinting; license, | ||||||
25 | certification, and authorization verifications; unscheduled or | ||||||
26 | unannounced site visits; database checks; prepayment audit |
| |||||||
| |||||||
1 | reviews; audits; payment caps; payment suspensions; and other | ||||||
2 | screening as required by federal or State law. | ||||||
3 | The Department shall define or specify the following: (i) | ||||||
4 | by provider notice, the "category of risk of the vendor" for | ||||||
5 | each type of vendor, which shall take into account the level of | ||||||
6 | screening applicable to a particular category of vendor under | ||||||
7 | federal law and regulations; (ii) by rule or provider notice, | ||||||
8 | the maximum length of the conditional enrollment period for | ||||||
9 | each category of risk of the vendor; and (iii) by rule, the | ||||||
10 | hearing rights, if any, afforded to a vendor in each category | ||||||
11 | of risk of the vendor that is terminated or disenrolled during | ||||||
12 | the conditional enrollment period. | ||||||
13 | To be eligible for payment consideration, a vendor's | ||||||
14 | payment claim or bill, either as an initial claim or as a | ||||||
15 | resubmitted claim following prior rejection, must be received | ||||||
16 | by the Illinois Department, or its fiscal intermediary, no | ||||||
17 | later than 180 days after the latest date on the claim on which | ||||||
18 | medical goods or services were provided, with the following | ||||||
19 | exceptions: | ||||||
20 | (1) In the case of a provider whose enrollment is in | ||||||
21 | process by the Illinois Department, the 180-day period | ||||||
22 | shall not begin until the date on the written notice from | ||||||
23 | the Illinois Department that the provider enrollment is | ||||||
24 | complete. | ||||||
25 | (2) In the case of errors attributable to the Illinois | ||||||
26 | Department or any of its claims processing intermediaries |
| |||||||
| |||||||
1 | which result in an inability to receive, process, or | ||||||
2 | adjudicate a claim, the 180-day period shall not begin | ||||||
3 | until the provider has been notified of the error. | ||||||
4 | (3) In the case of a provider for whom the Illinois | ||||||
5 | Department initiates the monthly billing process. | ||||||
6 | (4) In the case of a provider operated by a unit of | ||||||
7 | local government with a population exceeding 3,000,000 | ||||||
8 | when local government funds finance federal participation | ||||||
9 | for claims payments. | ||||||
10 | For claims for services rendered during a period for which | ||||||
11 | a recipient received retroactive eligibility, claims must be | ||||||
12 | filed within 180 days after the Department determines the | ||||||
13 | applicant is eligible. For claims for which the Illinois | ||||||
14 | Department is not the primary payer, claims must be submitted | ||||||
15 | to the Illinois Department within 180 days after the final | ||||||
16 | adjudication by the primary payer. | ||||||
17 | In the case of long term care facilities, within 5 days of | ||||||
18 | receipt by the facility of required prescreening information, | ||||||
19 | data for new admissions shall be entered into the Medical | ||||||
20 | Electronic Data Interchange (MEDI) or the Recipient | ||||||
21 | Eligibility Verification (REV) System or successor system, and | ||||||
22 | within 15 days of receipt by the facility of required | ||||||
23 | prescreening information, admission documents shall be | ||||||
24 | submitted through MEDI or REV or shall be submitted directly to | ||||||
25 | the Department of Human Services using required admission | ||||||
26 | forms. Effective September
1, 2014, admission documents, |
| |||||||
| |||||||
1 | including all prescreening
information, must be submitted | ||||||
2 | through MEDI or REV. Confirmation numbers assigned to an | ||||||
3 | accepted transaction shall be retained by a facility to verify | ||||||
4 | timely submittal. Once an admission transaction has been | ||||||
5 | completed, all resubmitted claims following prior rejection | ||||||
6 | are subject to receipt no later than 180 days after the | ||||||
7 | admission transaction has been completed. | ||||||
8 | Claims that are not submitted and received in compliance | ||||||
9 | with the foregoing requirements shall not be eligible for | ||||||
10 | payment under the medical assistance program, and the State | ||||||
11 | shall have no liability for payment of those claims. | ||||||
12 | To the extent consistent with applicable information and | ||||||
13 | privacy, security, and disclosure laws, State and federal | ||||||
14 | agencies and departments shall provide the Illinois Department | ||||||
15 | access to confidential and other information and data necessary | ||||||
16 | to perform eligibility and payment verifications and other | ||||||
17 | Illinois Department functions. This includes, but is not | ||||||
18 | limited to: information pertaining to licensure; | ||||||
19 | certification; earnings; immigration status; citizenship; wage | ||||||
20 | reporting; unearned and earned income; pension income; | ||||||
21 | employment; supplemental security income; social security | ||||||
22 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
23 | National Practitioner Data Bank (NPDB); program and agency | ||||||
24 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
25 | corporate information; and death records. | ||||||
26 | The Illinois Department shall enter into agreements with |
| |||||||
| |||||||
1 | State agencies and departments, and is authorized to enter into | ||||||
2 | agreements with federal agencies and departments, under which | ||||||
3 | such agencies and departments shall share data necessary for | ||||||
4 | medical assistance program integrity functions and oversight. | ||||||
5 | The Illinois Department shall develop, in cooperation with | ||||||
6 | other State departments and agencies, and in compliance with | ||||||
7 | applicable federal laws and regulations, appropriate and | ||||||
8 | effective methods to share such data. At a minimum, and to the | ||||||
9 | extent necessary to provide data sharing, the Illinois | ||||||
10 | Department shall enter into agreements with State agencies and | ||||||
11 | departments, and is authorized to enter into agreements with | ||||||
12 | federal agencies and departments, including but not limited to: | ||||||
13 | the Secretary of State; the Department of Revenue; the | ||||||
14 | Department of Public Health; the Department of Human Services; | ||||||
15 | and the Department of Financial and Professional Regulation. | ||||||
16 | Beginning in fiscal year 2013, the Illinois Department | ||||||
17 | shall set forth a request for information to identify the | ||||||
18 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
19 | claims system with the goals of streamlining claims processing | ||||||
20 | and provider reimbursement, reducing the number of pending or | ||||||
21 | rejected claims, and helping to ensure a more transparent | ||||||
22 | adjudication process through the utilization of: (i) provider | ||||||
23 | data verification and provider screening technology; and (ii) | ||||||
24 | clinical code editing; and (iii) pre-pay, pre- or | ||||||
25 | post-adjudicated predictive modeling with an integrated case | ||||||
26 | management system with link analysis. Such a request for |
| |||||||
| |||||||
1 | information shall not be considered as a request for proposal | ||||||
2 | or as an obligation on the part of the Illinois Department to | ||||||
3 | take any action or acquire any products or services. | ||||||
4 | The Illinois Department shall establish policies, | ||||||
5 | procedures,
standards and criteria by rule for the acquisition, | ||||||
6 | repair and replacement
of orthotic and prosthetic devices and | ||||||
7 | durable medical equipment. Such
rules shall provide, but not be | ||||||
8 | limited to, the following services: (1)
immediate repair or | ||||||
9 | replacement of such devices by recipients; and (2) rental, | ||||||
10 | lease, purchase or lease-purchase of
durable medical equipment | ||||||
11 | in a cost-effective manner, taking into
consideration the | ||||||
12 | recipient's medical prognosis, the extent of the
recipient's | ||||||
13 | needs, and the requirements and costs for maintaining such
| ||||||
14 | equipment. Subject to prior approval, such rules shall enable a | ||||||
15 | recipient to temporarily acquire and
use alternative or | ||||||
16 | substitute devices or equipment pending repairs or
| ||||||
17 | replacements of any device or equipment previously authorized | ||||||
18 | for such
recipient by the Department.
| ||||||
19 | The Department shall execute, relative to the nursing home | ||||||
20 | prescreening
project, written inter-agency agreements with the | ||||||
21 | Department of Human
Services and the Department on Aging, to | ||||||
22 | effect the following: (i) intake
procedures and common | ||||||
23 | eligibility criteria for those persons who are receiving
| ||||||
24 | non-institutional services; and (ii) the establishment and | ||||||
25 | development of
non-institutional services in areas of the State | ||||||
26 | where they are not currently
available or are undeveloped; and |
| |||||||
| |||||||
1 | (iii) notwithstanding any other provision of law, subject to | ||||||
2 | federal approval, on and after July 1, 2012, an increase in the | ||||||
3 | determination of need (DON) scores from 29 to 37 for applicants | ||||||
4 | for institutional and home and community-based long term care; | ||||||
5 | if and only if federal approval is not granted, the Department | ||||||
6 | may, in conjunction with other affected agencies, implement | ||||||
7 | utilization controls or changes in benefit packages to | ||||||
8 | effectuate a similar savings amount for this population; and | ||||||
9 | (iv) no later than July 1, 2013, minimum level of care | ||||||
10 | eligibility criteria for institutional and home and | ||||||
11 | community-based long term care; and (v) no later than October | ||||||
12 | 1, 2013, establish procedures to permit long term care | ||||||
13 | providers access to eligibility scores for individuals with an | ||||||
14 | admission date who are seeking or receiving services from the | ||||||
15 | long term care provider. In order to select the minimum level | ||||||
16 | of care eligibility criteria, the Governor shall establish a | ||||||
17 | workgroup that includes affected agency representatives and | ||||||
18 | stakeholders representing the institutional and home and | ||||||
19 | community-based long term care interests. This Section shall | ||||||
20 | not restrict the Department from implementing lower level of | ||||||
21 | care eligibility criteria for community-based services in | ||||||
22 | circumstances where federal approval has been granted.
| ||||||
23 | The Illinois Department shall develop and operate, in | ||||||
24 | cooperation
with other State Departments and agencies and in | ||||||
25 | compliance with
applicable federal laws and regulations, | ||||||
26 | appropriate and effective
systems of health care evaluation and |
| |||||||
| |||||||
1 | programs for monitoring of
utilization of health care services | ||||||
2 | and facilities, as it affects
persons eligible for medical | ||||||
3 | assistance under this Code.
| ||||||
4 | The Illinois Department shall report annually to the | ||||||
5 | General Assembly,
no later than the second Friday in April of | ||||||
6 | 1979 and each year
thereafter, in regard to:
| ||||||
7 | (a) actual statistics and trends in utilization of | ||||||
8 | medical services by
public aid recipients;
| ||||||
9 | (b) actual statistics and trends in the provision of | ||||||
10 | the various medical
services by medical vendors;
| ||||||
11 | (c) current rate structures and proposed changes in | ||||||
12 | those rate structures
for the various medical vendors; and
| ||||||
13 | (d) efforts at utilization review and control by the | ||||||
14 | Illinois Department.
| ||||||
15 | The period covered by each report shall be the 3 years | ||||||
16 | ending on the June
30 prior to the report. The report shall | ||||||
17 | include suggested legislation
for consideration by the General | ||||||
18 | Assembly. The filing of one copy of the
report with the | ||||||
19 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
20 | the Clerk of the House of Representatives, one copy with the | ||||||
21 | President,
one copy with the Minority Leader and one copy with | ||||||
22 | the Secretary of the
Senate, one copy with the Legislative | ||||||
23 | Research Unit, and such additional
copies
with the State | ||||||
24 | Government Report Distribution Center for the General
Assembly | ||||||
25 | as is required under paragraph (t) of Section 7 of the State
| ||||||
26 | Library Act shall be deemed sufficient to comply with this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
3 | any, is conditioned on the rules being adopted in accordance | ||||||
4 | with all provisions of the Illinois Administrative Procedure | ||||||
5 | Act and all rules and procedures of the Joint Committee on | ||||||
6 | Administrative Rules; any purported rule not so adopted, for | ||||||
7 | whatever reason, is unauthorized. | ||||||
8 | On and after July 1, 2012, the Department shall reduce any | ||||||
9 | rate of reimbursement for services or other payments or alter | ||||||
10 | any methodologies authorized by this Code to reduce any rate of | ||||||
11 | reimbursement for services or other payments in accordance with | ||||||
12 | Section 5-5e. | ||||||
13 | Because kidney transplantation can be an appropriate, cost | ||||||
14 | effective
alternative to renal dialysis when medically | ||||||
15 | necessary and notwithstanding the provisions of Section 1-11 of | ||||||
16 | this Code, beginning October 1, 2014, the Department shall | ||||||
17 | cover kidney transplantation for noncitizens with end-stage | ||||||
18 | renal disease who are not eligible for comprehensive medical | ||||||
19 | benefits, who meet the residency requirements of Section 5-3 of | ||||||
20 | this Code, and who would otherwise meet the financial | ||||||
21 | requirements of the appropriate class of eligible persons under | ||||||
22 | Section 5-2 of this Code. To qualify for coverage of kidney | ||||||
23 | transplantation, such person must be receiving emergency renal | ||||||
24 | dialysis services covered by the Department. Providers under | ||||||
25 | this Section shall be prior approved and certified by the | ||||||
26 | Department to perform kidney transplantation and the services |
| |||||||
| |||||||
1 | under this Section shall be limited to services associated with | ||||||
2 | kidney transplantation. | ||||||
3 | Notwithstanding any other provision of this Code to the | ||||||
4 | contrary, on or after July 1, 2015, all FDA approved forms of | ||||||
5 | medication assisted treatment prescribed for the treatment of | ||||||
6 | alcohol dependence or treatment of opioid dependence shall be | ||||||
7 | covered under both fee for service and managed care medical | ||||||
8 | assistance programs for persons who are otherwise eligible for | ||||||
9 | medical assistance under this Article and shall not be subject | ||||||
10 | to any (1) utilization control, other than those established | ||||||
11 | under the American Society of Addiction Medicine patient | ||||||
12 | placement criteria,
(2) prior authorization mandate, or (3) | ||||||
13 | lifetime restriction limit
mandate. | ||||||
14 | On or after July 1, 2015, opioid antagonists prescribed for | ||||||
15 | the treatment of an opioid overdose, including the medication | ||||||
16 | product, administration devices, and any pharmacy fees related | ||||||
17 | to the dispensing and administration of the opioid antagonist, | ||||||
18 | shall be covered under the medical assistance program for | ||||||
19 | persons who are otherwise eligible for medical assistance under | ||||||
20 | this Article. As used in this Section, "opioid antagonist" | ||||||
21 | means a drug that binds to opioid receptors and blocks or | ||||||
22 | inhibits the effect of opioids acting on those receptors, | ||||||
23 | including, but not limited to, naloxone hydrochloride or any | ||||||
24 | other similarly acting drug approved by the U.S. Food and Drug | ||||||
25 | Administration. | ||||||
26 | (Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689, |
| |||||||
| |||||||
1 | eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section | ||||||
2 | 9-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff. | ||||||
3 | 7-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; 98-651, | ||||||
4 | eff. 6-16-14; 98-756, eff. 7-16-14; 98-963, eff. 8-15-14; | ||||||
5 | revised 10-2-14.)
| ||||||
6 | (305 ILCS 5/5-16.8)
| ||||||
7 | Sec. 5-16.8. Required health benefits. The medical | ||||||
8 | assistance program
shall
(i) provide the post-mastectomy care | ||||||
9 | benefits required to be covered by a policy of
accident and | ||||||
10 | health insurance under Section 356t and the coverage required
| ||||||
11 | under Sections 356g.5, 356u, 356w, 356x, and 356z.6 of the | ||||||
12 | Illinois
Insurance Code and (ii) be subject to the provisions | ||||||
13 | of Sections 356z.19 , and 364.01 , 370c, and 370c.1 of the | ||||||
14 | Illinois
Insurance Code.
| ||||||
15 | On and after July 1, 2012, the Department shall reduce any | ||||||
16 | rate of reimbursement for services or other payments or alter | ||||||
17 | any methodologies authorized by this Code to reduce any rate of | ||||||
18 | reimbursement for services or other payments in accordance with | ||||||
19 | Section 5-5e. | ||||||
20 | (Source: P.A. 97-282, eff. 8-9-11; 97-689, eff. 6-14-12.)
| ||||||
21 | Section 5-88. The Environmental Protection Act is amended | ||||||
22 | by changing Section 22.55 as follows: | ||||||
23 | (415 ILCS 5/22.55) |
| |||||||
| |||||||
1 | Sec. 22.55. Household Waste Drop-off Points. | ||||||
2 | (a) Findings; Purpose and Intent. | ||||||
3 | (1) The General Assembly finds that protection of human | ||||||
4 | health and the environment can be enhanced if certain | ||||||
5 | commonly generated household wastes are managed separately | ||||||
6 | from the general household waste stream. | ||||||
7 | (2) The purpose of this Section is to provide, to the | ||||||
8 | extent allowed under federal law, a method for managing | ||||||
9 | certain types of household waste separately from the | ||||||
10 | general household waste stream. | ||||||
11 | (b) Definitions. For the purposes of this Section: | ||||||
12 | "Controlled substance" means a controlled substance as | ||||||
13 | defined in the Illinois Controlled Substances Act. | ||||||
14 | "Household waste" means waste generated from a single | ||||||
15 | residence or multiple residences. | ||||||
16 | "Household waste drop-off point" means the portion of a | ||||||
17 | site or facility used solely for the receipt and temporary | ||||||
18 | storage of household waste. | ||||||
19 | "One-day household waste collection event" means a | ||||||
20 | household waste drop-off point approved by the Agency under | ||||||
21 | subsection (d) of this Section. | ||||||
22 | "Personal care product" means an item other than a | ||||||
23 | pharmaceutical product that is consumed or applied by an | ||||||
24 | individual for personal health, hygiene, or cosmetic | ||||||
25 | reasons. Personal care products include, but are not | ||||||
26 | limited to, items used in bathing, dressing, or grooming. |
| |||||||
| |||||||
1 | "Pharmaceutical product" means medicine or a product | ||||||
2 | containing medicine. A pharmaceutical product may be sold | ||||||
3 | by prescription or over the counter. "Pharmaceutical | ||||||
4 | product" does not include (i) medicine that contains a | ||||||
5 | radioactive component or a product that contains a | ||||||
6 | radioactive component or (ii) a controlled substance . | ||||||
7 | (c) Except as otherwise provided in Agency rules, the | ||||||
8 | following requirements apply to each household waste drop-off | ||||||
9 | point other than a one-day household waste collection event: | ||||||
10 | (1) A household waste drop-off point must not accept | ||||||
11 | waste other than the following types of household waste: | ||||||
12 | pharmaceutical products, personal care products, batteries | ||||||
13 | other than lead-acid batteries, paints, automotive fluids, | ||||||
14 | compact fluorescent lightbulbs, mercury thermometers, and | ||||||
15 | mercury thermostats. A household waste drop-off point may | ||||||
16 | accept controlled substances in accordance with federal | ||||||
17 | law. | ||||||
18 | (2) Except as provided in subdivision (c)(2) of this | ||||||
19 | Section, household waste drop-off points must be located at | ||||||
20 | a site or facility where the types of products accepted at | ||||||
21 | the household waste drop-off point are lawfully sold, | ||||||
22 | distributed, or dispensed. For example, household waste | ||||||
23 | drop-off points that accept prescription pharmaceutical | ||||||
24 | products must be located at a site or facility where | ||||||
25 | prescription pharmaceutical products are sold, | ||||||
26 | distributed, or dispensed. |
| |||||||
| |||||||
1 | (A) Subdivision (c)(2) of this Section does not | ||||||
2 | apply to household waste drop-off points operated by a | ||||||
3 | government or school entity, or by an association or | ||||||
4 | other organization of government or school entities. | ||||||
5 | (B) Household waste drop-off points that accept | ||||||
6 | mercury thermometers can be located at any site or | ||||||
7 | facility where non-mercury thermometers are sold, | ||||||
8 | distributed, or dispensed. | ||||||
9 | (C) Household waste drop-off points that accept | ||||||
10 | mercury thermostats can be located at any site or | ||||||
11 | facility where non-mercury thermostats are sold, | ||||||
12 | distributed, or dispensed. | ||||||
13 | (3) The location of acceptance for each type of waste | ||||||
14 | accepted at the household waste drop-off point must be | ||||||
15 | clearly identified. Locations where pharmaceutical | ||||||
16 | products are accepted must also include a copy of the sign | ||||||
17 | required under subsection (j) of this Section. | ||||||
18 | (4) Household waste must be accepted only from private | ||||||
19 | individuals. Waste must not be accepted from other persons, | ||||||
20 | including, but not limited to, owners and operators of | ||||||
21 | rented or leased residences where the household waste was | ||||||
22 | generated, commercial haulers, and other commercial, | ||||||
23 | industrial, agricultural, and government operations or | ||||||
24 | entities. | ||||||
25 | (5) If more than one type of household waste is | ||||||
26 | accepted, each type of household waste must be managed |
| |||||||
| |||||||
1 | separately prior to its packaging for off-site transfer. | ||||||
2 | (6) Household waste must not be stored for longer than | ||||||
3 | 90 days after its receipt, except as otherwise approved by | ||||||
4 | the Agency in writing. | ||||||
5 | (7) Household waste must be managed in a manner that | ||||||
6 | protects against releases of the waste, prevents | ||||||
7 | nuisances, and otherwise protects human health and the | ||||||
8 | environment. Household waste must also be properly secured | ||||||
9 | to prevent unauthorized public access to the waste, | ||||||
10 | including, but not limited to, preventing access to the | ||||||
11 | waste during the non-business hours of the site or facility | ||||||
12 | on which the household waste drop-off point is located. | ||||||
13 | Containers in which pharmaceutical products are collected | ||||||
14 | must be clearly marked "No Controlled Substances" , unless | ||||||
15 | the household waste drop-off point accepts controlled | ||||||
16 | substances in accordance with federal law . | ||||||
17 | (8) Management of the household waste must be limited | ||||||
18 | to the following: (i) acceptance of the waste, (ii) | ||||||
19 | temporary storage of the waste prior to transfer, and (iii) | ||||||
20 | off-site transfer of the waste and packaging for off-site | ||||||
21 | transfer. | ||||||
22 | (9) Off-site transfer of the household waste must | ||||||
23 | comply with federal and State laws and regulations. | ||||||
24 | (d) One-day household waste collection events. To further | ||||||
25 | aid in the collection of certain household wastes, the Agency | ||||||
26 | may approve the operation of one-day household waste collection |
| |||||||
| |||||||
1 | events. The Agency shall not approve a one-day household waste | ||||||
2 | collection event at the same site or facility for more than one | ||||||
3 | day each calendar quarter. Requests for approval must be | ||||||
4 | submitted on forms prescribed by the Agency. The Agency must | ||||||
5 | issue its approval in writing, and it may impose conditions as | ||||||
6 | necessary to protect human health and the environment and to | ||||||
7 | otherwise accomplish the purposes of this Act. One-day | ||||||
8 | household waste collection events must be operated in | ||||||
9 | accordance with the Agency's approval, including all | ||||||
10 | conditions contained in the approval. The following | ||||||
11 | requirements apply to all one-day household waste collection | ||||||
12 | events, in addition to the conditions contained in the Agency's | ||||||
13 | approval: | ||||||
14 | (1) Waste accepted at the event must be limited to | ||||||
15 | household waste and must not include garbage, landscape | ||||||
16 | waste, controlled substances, or other waste excluded by | ||||||
17 | the Agency in the Agency's approval or any conditions | ||||||
18 | contained in the approval. A one-day household waste | ||||||
19 | collection event may accept controlled substances in | ||||||
20 | accordance with federal law. | ||||||
21 | (2) Household waste must be accepted only from private | ||||||
22 | individuals. Waste must not be accepted from other persons, | ||||||
23 | including, but not limited to, owners and operators of | ||||||
24 | rented or leased residences where the household waste was | ||||||
25 | generated, commercial haulers, and other commercial, | ||||||
26 | industrial, agricultural, and government operations or |
| |||||||
| |||||||
1 | entities. | ||||||
2 | (3) Household waste must be managed in a manner that | ||||||
3 | protects against releases of the waste, prevents | ||||||
4 | nuisances, and otherwise protects human health and the | ||||||
5 | environment. Household waste must also be properly secured | ||||||
6 | to prevent public access to the waste, including, but not | ||||||
7 | limited to, preventing access to the waste during the | ||||||
8 | event's non-business hours. | ||||||
9 | (4) Management of the household waste must be limited | ||||||
10 | to the following: (i) acceptance of the waste, (ii) | ||||||
11 | temporary storage of the waste before transfer, and (iii) | ||||||
12 | off-site transfer of the waste or packaging for off-site | ||||||
13 | transfer. | ||||||
14 | (5) Except as otherwise approved by the Agency, all | ||||||
15 | household waste received at the collection event must be | ||||||
16 | transferred off-site by the end of the day following the | ||||||
17 | collection event. | ||||||
18 | (6) The transfer and ultimate disposition of household | ||||||
19 | waste received at the collection event must comply with the | ||||||
20 | Agency's approval, including all conditions contained in | ||||||
21 | the approval. | ||||||
22 | (e) The Agency may adopt rules governing the operation of | ||||||
23 | household waste drop-off points other than one-day household | ||||||
24 | waste collection events. Those rules must be designed to | ||||||
25 | protect against releases of waste to the environment, prevent | ||||||
26 | nuisances, and otherwise protect human health and the |
| |||||||
| |||||||
1 | environment. As necessary to address different circumstances, | ||||||
2 | the regulations may contain different requirements for | ||||||
3 | different types of household waste and different types of | ||||||
4 | household waste drop-off points, and the regulations may modify | ||||||
5 | the requirements set forth in subsection (c) of this Section. | ||||||
6 | The regulations may include, but are not limited to, the | ||||||
7 | following: (i) identification of additional types of household | ||||||
8 | waste that can be collected at household waste drop-off points, | ||||||
9 | (ii) identification of the different types of household wastes | ||||||
10 | that can be received at different household waste drop-off | ||||||
11 | points, (iii) the maximum amounts of each type of household | ||||||
12 | waste that can be stored at household waste drop-off points at | ||||||
13 | any one time, and (iv) the maximum time periods each type of | ||||||
14 | household waste can be stored at household waste drop-off | ||||||
15 | points. | ||||||
16 | (f) Prohibitions. | ||||||
17 | (1) Except as authorized in a permit issued by the | ||||||
18 | Agency, no person shall cause or allow the operation of a | ||||||
19 | household waste drop-off point other than a one-day | ||||||
20 | household waste collection event in violation of this | ||||||
21 | Section or any regulations adopted under this Section. | ||||||
22 | (2) No person shall cause or allow the operation of a | ||||||
23 | one-day household waste collection event in violation of | ||||||
24 | this Section or the Agency's approval issued under | ||||||
25 | subsection (d) of this Section, including all conditions | ||||||
26 | contained in the approval. |
| |||||||
| |||||||
1 | (g) Permit exemptions. | ||||||
2 | (1) No permit is required under subdivision (d)(1) of | ||||||
3 | Section 21 of this Act for the operation of a household | ||||||
4 | waste drop-off point other than a one-day household waste | ||||||
5 | collection event if the household waste drop-off point is | ||||||
6 | operated in accordance with this Section and all | ||||||
7 | regulations adopted under this Section. | ||||||
8 | (2) No permit is required under subdivision (d)(1) of | ||||||
9 | Section 21 of this Act for the operation of a one-day | ||||||
10 | household waste collection event if the event is operated | ||||||
11 | in accordance with this Section and the Agency's approval | ||||||
12 | issued under subsection (d) of this Section, including all | ||||||
13 | conditions contained in the approval, or for the operation | ||||||
14 | of a household waste collection event by the Agency. | ||||||
15 | (h) This Section does not apply to the following: | ||||||
16 | (1) Persons accepting household waste that they are | ||||||
17 | authorized to accept under a permit issued by the Agency. | ||||||
18 | (2) Sites or facilities operated pursuant to an | ||||||
19 | intergovernmental agreement entered into with the Agency | ||||||
20 | under Section 22.16b(d) of this Act. | ||||||
21 | (i) The Agency, in consultation with the Department of | ||||||
22 | Public Health, must develop and implement a public information | ||||||
23 | program regarding household waste drop-off points that accept | ||||||
24 | pharmaceutical products , as well as mail-back programs | ||||||
25 | authorized under federal law . | ||||||
26 | (j) The Agency must develop a sign that provides |
| |||||||
| |||||||
1 | information on the proper disposal of unused pharmaceutical | ||||||
2 | products. The sign shall include information on approved | ||||||
3 | drop-off sites or list a website where updated information on | ||||||
4 | drop-off sites can be accessed. The sign shall also include | ||||||
5 | information on mail-back programs and self-disposal. The | ||||||
6 | Agency shall make a copy of the sign available for downloading | ||||||
7 | from its website. Every pharmacy shall display the sign in the | ||||||
8 | area where medications are dispensed and shall also display any | ||||||
9 | signs the Agency develops regarding local take-back programs or | ||||||
10 | household waste collection events. These signs shall be no | ||||||
11 | larger than 8.5 inches by 11 inches. | ||||||
12 | (k) If an entity chooses to participate as a household | ||||||
13 | waste drop-off point, then it must follow the provisions of | ||||||
14 | this Section and any rules the Agency may adopt governing | ||||||
15 | household waste drop-off points.
| ||||||
16 | (l) The Agency shall establish, by rule, a statewide | ||||||
17 | medication take-back program by June 1, 2016 to ensure that | ||||||
18 | there are pharmaceutical product disposal options regularly | ||||||
19 | available for residents across the State. No private entity may | ||||||
20 | be compelled to serve as or fund a take-back location or | ||||||
21 | program. Medications collected and disposed of under the | ||||||
22 | program shall include controlled substances approved for | ||||||
23 | collection by federal law. All medications collected and | ||||||
24 | disposed of under the program must be managed in accordance | ||||||
25 | with all applicable federal and State laws and regulations. The | ||||||
26 | Agency shall issue a report to the General Assembly by June 1, |
| |||||||
| |||||||
1 | 2019 detailing the amount of pharmaceutical products annually | ||||||
2 | collected under the program, as well as any legislative | ||||||
3 | recommendations. | ||||||
4 | (Source: P.A. 96-121, eff. 8-4-09.) | ||||||
5 | Section 5-90. The Criminal Code of 2012 is amended by | ||||||
6 | changing Section 29B-1 as follows:
| ||||||
7 | (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
| ||||||
8 | Sec. 29B-1. (a) A person commits the offense of money | ||||||
9 | laundering:
| ||||||
10 | (1) when, knowing that the property involved in a | ||||||
11 | financial transaction represents the proceeds of some form | ||||||
12 | of unlawful activity, he or she conducts or attempts to | ||||||
13 | conduct such a financial transaction which in fact involves | ||||||
14 | criminally derived property: | ||||||
15 | (A) with the intent to promote the carrying on of | ||||||
16 | the unlawful activity from which the criminally | ||||||
17 | derived property was obtained; or | ||||||
18 | (B) where he or she knows or reasonably should know | ||||||
19 | that the financial transaction is designed in whole or | ||||||
20 | in part: | ||||||
21 | (i) to conceal or disguise the nature, the | ||||||
22 | location, the source, the ownership or the control | ||||||
23 | of the criminally derived property; or | ||||||
24 | (ii) to avoid a transaction reporting |
| |||||||
| |||||||
1 | requirement under State law; or | ||||||
2 | (1.5) when he or she transports, transmits, or | ||||||
3 | transfers, or attempts to transport, transmit, or transfer | ||||||
4 | a monetary instrument: | ||||||
5 | (A) with the intent to promote the carrying on of | ||||||
6 | the unlawful activity from which the criminally | ||||||
7 | derived property was obtained; or | ||||||
8 | (B) knowing, or having reason to know, that the | ||||||
9 | financial transaction is designed in whole or in part: | ||||||
10 | (i) to conceal or disguise the nature, the | ||||||
11 | location, the source, the ownership or the control | ||||||
12 | of the criminally derived property; or | ||||||
13 | (ii) to avoid a transaction reporting | ||||||
14 | requirement under State law;
or
| ||||||
15 | (2) when, with the intent to:
| ||||||
16 | (A) promote the carrying on of a specified criminal | ||||||
17 | activity as defined
in this Article; or
| ||||||
18 | (B) conceal or disguise the nature, location, | ||||||
19 | source, ownership, or
control of property believed to | ||||||
20 | be the proceeds of a specified criminal
activity as | ||||||
21 | defined by subdivision (b)(6); or | ||||||
22 | (C) avoid a transaction reporting requirement | ||||||
23 | under State law,
| ||||||
24 | he or she conducts or attempts to conduct a financial | ||||||
25 | transaction
involving property he or she believes to be the | ||||||
26 | proceeds of specified criminal
activity as defined by |
| |||||||
| |||||||
1 | subdivision (b)(6) or property used to conduct or
| ||||||
2 | facilitate specified criminal activity as defined by | ||||||
3 | subdivision (b)(6).
| ||||||
4 | (b) As used in this Section:
| ||||||
5 | (0.5) "Knowing that the property involved in a | ||||||
6 | financial transaction represents the proceeds of some form | ||||||
7 | of unlawful activity" means that the person knew the | ||||||
8 | property involved in the transaction represented proceeds | ||||||
9 | from some form, though not necessarily which form, of | ||||||
10 | activity that constitutes a felony under State, federal, or | ||||||
11 | foreign law.
| ||||||
12 | (1) "Financial transaction" means a purchase, sale, | ||||||
13 | loan, pledge, gift,
transfer, delivery or other | ||||||
14 | disposition utilizing criminally derived property,
and | ||||||
15 | with respect to financial institutions, includes a | ||||||
16 | deposit, withdrawal,
transfer between accounts, exchange | ||||||
17 | of currency, loan, extension of credit,
purchase or sale of | ||||||
18 | any stock, bond, certificate of deposit or other monetary
| ||||||
19 | instrument, use of safe deposit box, or any other payment, | ||||||
20 | transfer or delivery by, through, or to a
financial | ||||||
21 | institution.
For purposes of clause (a)(2) of this Section, | ||||||
22 | the term "financial
transaction" also
means a transaction | ||||||
23 | which without regard to whether the funds, monetary
| ||||||
24 | instruments, or real or personal property involved in the | ||||||
25 | transaction are
criminally derived, any transaction which | ||||||
26 | in any way or degree: (1) involves
the movement of funds by |
| |||||||
| |||||||
1 | wire or any other means; (2) involves one or more
monetary | ||||||
2 | instruments; or (3) the transfer of title to any real or | ||||||
3 | personal
property.
The receipt by an attorney of bona fide | ||||||
4 | fees for the purpose
of legal representation is not a | ||||||
5 | financial transaction for purposes of this
Section.
| ||||||
6 | (2) "Financial institution" means any bank; saving and | ||||||
7 | loan
association; trust company; agency or branch of a | ||||||
8 | foreign bank in the
United States; currency exchange; | ||||||
9 | credit union, mortgage banking
institution; pawnbroker; | ||||||
10 | loan or finance company; operator of a credit card
system; | ||||||
11 | issuer, redeemer or cashier of travelers checks, checks or | ||||||
12 | money
orders; dealer in precious metals, stones or jewels; | ||||||
13 | broker or dealer in
securities or commodities; investment | ||||||
14 | banker; or investment company.
| ||||||
15 | (3) "Monetary instrument" means United States coins | ||||||
16 | and currency;
coins and currency of a foreign country; | ||||||
17 | travelers checks; personal checks,
bank checks, and money | ||||||
18 | orders; investment securities; bearer
negotiable | ||||||
19 | instruments; bearer investment securities; or bearer | ||||||
20 | securities
and certificates of stock in such form that | ||||||
21 | title thereto passes upon
delivery.
| ||||||
22 | (4) "Criminally derived property" means: (A) any | ||||||
23 | property, real or personal, constituting
or
derived from | ||||||
24 | proceeds obtained, directly or indirectly, from activity | ||||||
25 | that constitutes a felony under State, federal, or foreign | ||||||
26 | law; or (B) any property
represented to be property |
| |||||||
| |||||||
1 | constituting or derived from proceeds obtained,
directly | ||||||
2 | or indirectly, from activity that constitutes a felony | ||||||
3 | under State, federal, or foreign law.
| ||||||
4 | (5) "Conduct" or "conducts" includes, in addition to | ||||||
5 | its ordinary
meaning, initiating, concluding, or | ||||||
6 | participating in initiating or concluding
a transaction.
| ||||||
7 | (6) "Specified criminal activity" means any violation | ||||||
8 | of Section 29D-15.1
(720 ILCS 5/29D-15.1) and any violation | ||||||
9 | of Article 29D of this Code.
| ||||||
10 | (7) "Director" means the Director of State Police or | ||||||
11 | his or her designated agents. | ||||||
12 | (8) "Department" means the Department of State Police | ||||||
13 | of the State of Illinois or its successor agency.
| ||||||
14 | (9) "Transaction reporting requirement under State | ||||||
15 | law" means any violation as defined under the Currency | ||||||
16 | Reporting Act.
| ||||||
17 | (c) Sentence.
| ||||||
18 | (1) Laundering of criminally derived property of a | ||||||
19 | value not exceeding
$10,000 is a Class 3 felony;
| ||||||
20 | (2) Laundering of criminally derived property of a | ||||||
21 | value exceeding
$10,000 but not exceeding $100,000 is a | ||||||
22 | Class 2 felony;
| ||||||
23 | (3) Laundering of criminally derived property of a | ||||||
24 | value exceeding
$100,000 but not exceeding $500,000 is a | ||||||
25 | Class 1 felony;
| ||||||
26 | (4) Money laundering in violation of subsection (a)(2) |
| |||||||
| |||||||
1 | of this Section
is a Class X felony;
| ||||||
2 | (5) Laundering of criminally derived property of a | ||||||
3 | value exceeding
$500,000 is a
Class 1 non-probationable | ||||||
4 | felony;
| ||||||
5 | (6) In a prosecution under clause (a)(1.5)(B)(ii) of | ||||||
6 | this Section, the sentences are as follows: | ||||||
7 | (A) Laundering of property of a value not exceeding | ||||||
8 | $10,000 is a Class 3 felony; | ||||||
9 | (B) Laundering of property of a value exceeding | ||||||
10 | $10,000 but not exceeding $100,000 is a Class 2 felony; | ||||||
11 | (C) Laundering of property of a value exceeding | ||||||
12 | $100,000 but not exceeding $500,000 is a Class 1 | ||||||
13 | felony; | ||||||
14 | (D) Laundering of property of a value exceeding | ||||||
15 | $500,000 is a Class 1 non-probationable felony. | ||||||
16 | (d) Evidence. In a prosecution under this Article, either | ||||||
17 | party may introduce the following evidence pertaining to the | ||||||
18 | issue of whether the property or proceeds were known to be some | ||||||
19 | form of criminally derived property or from some form of | ||||||
20 | unlawful activity: | ||||||
21 | (1) A financial transaction was conducted or | ||||||
22 | structured or attempted in violation of the reporting | ||||||
23 | requirements of any State or federal law; or | ||||||
24 | (2) A financial transaction was conducted or attempted | ||||||
25 | with the use of a false or fictitious name or a forged | ||||||
26 | instrument; or |
| |||||||
| |||||||
1 | (3) A falsely altered or completed written instrument | ||||||
2 | or a written instrument that contains any materially false | ||||||
3 | personal identifying information was made, used, offered | ||||||
4 | or presented, whether accepted or not, in connection with a | ||||||
5 | financial transaction; or | ||||||
6 | (4) A financial transaction was structured or | ||||||
7 | attempted to be structured so as to falsely report the | ||||||
8 | actual consideration or value of the transaction; or | ||||||
9 | (5) A money transmitter, a person engaged in a trade or | ||||||
10 | business or any employee of a money transmitter or a person | ||||||
11 | engaged in a trade or business, knows or reasonably should | ||||||
12 | know that false personal identifying information has been | ||||||
13 | presented and incorporates the false personal identifying | ||||||
14 | information into any report or record; or | ||||||
15 | (6) The criminally derived property is transported or | ||||||
16 | possessed in a fashion inconsistent with the ordinary or | ||||||
17 | usual means of transportation or possession of such | ||||||
18 | property and where the property is discovered in the | ||||||
19 | absence of any documentation or other indicia of legitimate | ||||||
20 | origin or right to such property; or | ||||||
21 | (7) A person pays or receives substantially less than | ||||||
22 | face value for one or more monetary instruments; or | ||||||
23 | (8) A person engages in a transaction involving one or | ||||||
24 | more monetary instruments, where the physical condition or | ||||||
25 | form of the monetary instrument or instruments makes it | ||||||
26 | apparent that they are not the product of bona fide |
| |||||||
| |||||||
1 | business or financial transactions. | ||||||
2 | (e) Duty to enforce this Article. | ||||||
3 | (1) It is the duty of the Department of State Police, | ||||||
4 | and its agents, officers, and investigators, to enforce all | ||||||
5 | provisions of this Article, except those specifically | ||||||
6 | delegated, and to cooperate with all agencies charged with | ||||||
7 | the enforcement of the laws of the United States, or of any | ||||||
8 | state, relating to money laundering. Only an agent, | ||||||
9 | officer, or investigator designated by the Director may be | ||||||
10 | authorized in accordance with this Section to serve seizure | ||||||
11 | notices, warrants, subpoenas, and summonses under the | ||||||
12 | authority of this State. | ||||||
13 | (2) Any agent, officer, investigator, or peace officer | ||||||
14 | designated by the Director may: (A) make seizure of | ||||||
15 | property pursuant to the provisions of this Article; and | ||||||
16 | (B) perform such other law enforcement duties as the | ||||||
17 | Director designates. It is the duty of all State's | ||||||
18 | Attorneys to prosecute violations of this Article and | ||||||
19 | institute legal proceedings as authorized under this | ||||||
20 | Article. | ||||||
21 | (f) Protective orders. | ||||||
22 | (1) Upon application of the State, the court may enter | ||||||
23 | a restraining order or injunction, require the execution of | ||||||
24 | a satisfactory performance bond, or take any other action | ||||||
25 | to preserve the availability of property described in | ||||||
26 | subsection (h) for forfeiture under this Article: |
| |||||||
| |||||||
1 | (A) upon the filing of an indictment, information, | ||||||
2 | or complaint charging a violation of this Article for | ||||||
3 | which forfeiture may be ordered under this Article and | ||||||
4 | alleging that the property with respect to which the | ||||||
5 | order is sought would be subject to forfeiture under | ||||||
6 | this Article; or
| ||||||
7 | (B) prior to the filing of such an indictment, | ||||||
8 | information, or complaint, if, after notice to persons | ||||||
9 | appearing to have an interest in the property and | ||||||
10 | opportunity for a hearing, the court determines that: | ||||||
11 | (i) there is probable cause to believe that the | ||||||
12 | State will prevail on the issue of forfeiture and | ||||||
13 | that failure to enter the order will result in the | ||||||
14 | property being destroyed, removed from the | ||||||
15 | jurisdiction of the court, or otherwise made | ||||||
16 | unavailable for forfeiture; and | ||||||
17 | (ii) the need to preserve the availability of | ||||||
18 | the property through the entry of the requested | ||||||
19 | order outweighs the hardship on any party against | ||||||
20 | whom the order is to be entered. | ||||||
21 | Provided, however, that an order entered pursuant | ||||||
22 | to subparagraph (B) shall be effective for not more | ||||||
23 | than 90 days, unless extended by the court for good | ||||||
24 | cause shown or unless an indictment, information, | ||||||
25 | complaint, or administrative notice has been filed. | ||||||
26 | (2) A temporary restraining order under this |
| |||||||
| |||||||
1 | subsection may be entered upon application of the State | ||||||
2 | without notice or opportunity for a hearing when an | ||||||
3 | indictment, information, complaint, or administrative | ||||||
4 | notice has not yet been filed with respect to the property, | ||||||
5 | if the State demonstrates that there is probable cause to | ||||||
6 | believe that the property with respect to which the order | ||||||
7 | is sought would be subject to forfeiture under this Section | ||||||
8 | and that provision of notice will jeopardize the | ||||||
9 | availability of the property for forfeiture. Such a | ||||||
10 | temporary order shall expire not more than 30 days after | ||||||
11 | the date on which it is entered, unless extended for good | ||||||
12 | cause shown or unless the party against whom it is entered | ||||||
13 | consents to an extension for a longer period. A hearing | ||||||
14 | requested concerning an order entered under this paragraph | ||||||
15 | shall be held at the earliest possible time and prior to | ||||||
16 | the expiration of the temporary order. | ||||||
17 | (3) The court may receive and consider, at a hearing | ||||||
18 | held pursuant to this subsection (f), evidence and | ||||||
19 | information that would be inadmissible under the Illinois | ||||||
20 | rules of evidence.
| ||||||
21 | (4) Order to repatriate and deposit. | ||||||
22 | (A) In general. Pursuant to its authority to enter | ||||||
23 | a pretrial restraining order under this Section, the | ||||||
24 | court may order a defendant to repatriate any property | ||||||
25 | that may be seized and forfeited and to deposit that | ||||||
26 | property pending trial with the Illinois State Police |
| |||||||
| |||||||
1 | or another law enforcement agency designated by the | ||||||
2 | Illinois State Police. | ||||||
3 | (B) Failure to comply. Failure to comply with an | ||||||
4 | order under this subsection (f) is punishable as a | ||||||
5 | civil or criminal contempt of court.
| ||||||
6 | (g) Warrant of seizure. The State may request the issuance | ||||||
7 | of a warrant authorizing the seizure of property described in | ||||||
8 | subsection (h) in the same manner as provided for a search | ||||||
9 | warrant. If the court determines that there is probable cause | ||||||
10 | to believe that the property to be seized would be subject to | ||||||
11 | forfeiture, the court shall issue a warrant authorizing the | ||||||
12 | seizure of such property. | ||||||
13 | (h) Forfeiture. | ||||||
14 | (1) The following are subject to forfeiture: | ||||||
15 | (A) any property, real or personal, constituting, | ||||||
16 | derived from, or traceable to any proceeds the person | ||||||
17 | obtained directly or indirectly, as a result of a | ||||||
18 | violation of this Article; | ||||||
19 | (B) any of the person's property used, or intended | ||||||
20 | to be used, in any manner or part, to commit, or to | ||||||
21 | facilitate the commission of, a violation of this | ||||||
22 | Article; | ||||||
23 | (C) all conveyances, including aircraft, vehicles | ||||||
24 | or vessels, which are used, or intended for use, to | ||||||
25 | transport, or in any manner to facilitate the | ||||||
26 | transportation, sale, receipt, possession, or |
| |||||||
| |||||||
1 | concealment of property described in subparagraphs (A) | ||||||
2 | and (B), but: | ||||||
3 | (i) no conveyance used by any person as a | ||||||
4 | common carrier in the transaction of business as a | ||||||
5 | common carrier is subject to forfeiture under this | ||||||
6 | Section unless it appears that the owner or other | ||||||
7 | person in charge of the conveyance is a consenting | ||||||
8 | party or privy to a violation of this Article; | ||||||
9 | (ii) no conveyance is subject to forfeiture | ||||||
10 | under this Section by reason of any act or omission | ||||||
11 | which the owner proves to have been committed or | ||||||
12 | omitted without his or her knowledge or consent; | ||||||
13 | (iii) a forfeiture of a conveyance encumbered | ||||||
14 | by a bona fide security interest is subject to the | ||||||
15 | interest of the secured party if he or she neither | ||||||
16 | had knowledge of nor consented to the act or | ||||||
17 | omission; | ||||||
18 | (D) all real property, including any right, title, | ||||||
19 | and interest (including, but not limited to, any | ||||||
20 | leasehold interest or the beneficial interest in a land | ||||||
21 | trust) in the whole of any lot or tract of land and any | ||||||
22 | appurtenances or improvements, which is used or | ||||||
23 | intended to be used, in any manner or part, to commit, | ||||||
24 | or in any manner to facilitate the commission of, any | ||||||
25 | violation of this Article or that is the proceeds of | ||||||
26 | any violation or act that constitutes a violation of |
| |||||||
| |||||||
1 | this Article.
| ||||||
2 | (2) Property subject to forfeiture under this Article | ||||||
3 | may be seized by the Director or any peace officer upon | ||||||
4 | process or seizure warrant issued by any court having | ||||||
5 | jurisdiction over the property. Seizure by the Director or | ||||||
6 | any peace officer without process may be made: | ||||||
7 | (A) if the seizure is incident to a seizure | ||||||
8 | warrant; | ||||||
9 | (B) if the property subject to seizure has been the | ||||||
10 | subject of a prior judgment in favor of the State in a | ||||||
11 | criminal proceeding, or in an injunction or forfeiture | ||||||
12 | proceeding based upon this Article; | ||||||
13 | (C) if there is probable cause to believe that the | ||||||
14 | property is directly or indirectly dangerous to health | ||||||
15 | or safety; | ||||||
16 | (D) if there is probable cause to believe that the | ||||||
17 | property is subject to forfeiture under this Article | ||||||
18 | and the property is seized under circumstances in which | ||||||
19 | a warrantless seizure or arrest would be reasonable; or | ||||||
20 | (E) in accordance with the Code of Criminal | ||||||
21 | Procedure of 1963. | ||||||
22 | (3) In the event of seizure pursuant to paragraph (2), | ||||||
23 | forfeiture proceedings shall be instituted in accordance | ||||||
24 | with subsections (i) through (r). | ||||||
25 | (4) Property taken or detained under this Section shall | ||||||
26 | not be subject to replevin, but is deemed to be in the |
| |||||||
| |||||||
1 | custody of the Director subject only to the order and | ||||||
2 | judgments of the circuit court having jurisdiction over the | ||||||
3 | forfeiture proceedings and the decisions of the State's | ||||||
4 | Attorney under this Article. When property is seized under | ||||||
5 | this Article, the seizing agency shall promptly conduct an | ||||||
6 | inventory of the seized property and estimate the | ||||||
7 | property's value and shall forward a copy of the inventory | ||||||
8 | of seized property and the estimate of the property's value | ||||||
9 | to the Director. Upon receiving notice of seizure, the | ||||||
10 | Director may: | ||||||
11 | (A) place the property under seal; | ||||||
12 | (B) remove the property to a place designated by | ||||||
13 | the Director; | ||||||
14 | (C) keep the property in the possession of the | ||||||
15 | seizing agency; | ||||||
16 | (D) remove the property to a storage area for | ||||||
17 | safekeeping or, if the property is a negotiable | ||||||
18 | instrument or money and is not needed for evidentiary | ||||||
19 | purposes, deposit it in an interest bearing account; | ||||||
20 | (E) place the property under constructive seizure | ||||||
21 | by posting notice of pending forfeiture on it, by | ||||||
22 | giving notice of pending forfeiture to its owners and | ||||||
23 | interest holders, or by filing notice of pending | ||||||
24 | forfeiture in any appropriate public record relating | ||||||
25 | to the property; or | ||||||
26 | (F) provide for another agency or custodian, |
| |||||||
| |||||||
1 | including an owner, secured party, or lienholder, to | ||||||
2 | take custody of the property upon the terms and | ||||||
3 | conditions set by the Director. | ||||||
4 | (5) When property is forfeited under this Article, the | ||||||
5 | Director shall sell all such property unless such property | ||||||
6 | is required by law to be destroyed or is harmful to the | ||||||
7 | public, and shall distribute the proceeds of the sale, | ||||||
8 | together with any moneys forfeited or seized, in accordance | ||||||
9 | with paragraph (6). However, upon the application of the | ||||||
10 | seizing agency or prosecutor who was responsible for the | ||||||
11 | investigation, arrest or arrests and prosecution which | ||||||
12 | lead to the forfeiture, the Director may return any item of | ||||||
13 | forfeited property to the seizing agency or prosecutor for | ||||||
14 | official use in the enforcement of laws, if the agency or | ||||||
15 | prosecutor can demonstrate that the item requested would be | ||||||
16 | useful to the agency or prosecutor in its enforcement | ||||||
17 | efforts. When any real property returned to the seizing | ||||||
18 | agency is sold by the agency or its unit of government, the | ||||||
19 | proceeds of the sale shall be delivered to the Director and | ||||||
20 | distributed in accordance with paragraph (6). | ||||||
21 | (6) All monies and the sale proceeds of all other | ||||||
22 | property forfeited and seized under this Article shall be | ||||||
23 | distributed as follows: | ||||||
24 | (A) 65% shall be distributed to the metropolitan | ||||||
25 | enforcement group, local, municipal, county, or State | ||||||
26 | law enforcement agency or agencies which conducted or |
| |||||||
| |||||||
1 | participated in the investigation resulting in the | ||||||
2 | forfeiture. The distribution shall bear a reasonable | ||||||
3 | relationship to the degree of direct participation of | ||||||
4 | the law enforcement agency in the effort resulting in | ||||||
5 | the forfeiture, taking into account the total value of | ||||||
6 | the property forfeited and the total law enforcement | ||||||
7 | effort with respect to the violation of the law upon | ||||||
8 | which the forfeiture is based. Amounts distributed to | ||||||
9 | the agency or agencies shall be used for the | ||||||
10 | enforcement of laws. | ||||||
11 | (B)(i) 12.5% shall be distributed to the Office of | ||||||
12 | the State's Attorney of the county in which the | ||||||
13 | prosecution resulting in the forfeiture was | ||||||
14 | instituted, deposited in a special fund in the county | ||||||
15 | treasury and appropriated to the State's Attorney for | ||||||
16 | use in the enforcement of laws. In counties over | ||||||
17 | 3,000,000 population, 25% shall be distributed to the | ||||||
18 | Office of the State's Attorney for use in the | ||||||
19 | enforcement of laws. If the prosecution is undertaken | ||||||
20 | solely by the Attorney General, the portion provided | ||||||
21 | hereunder shall be distributed to the Attorney General | ||||||
22 | for use in the enforcement of laws. | ||||||
23 | (ii) 12.5% shall be distributed to the Office | ||||||
24 | of the State's Attorneys Appellate Prosecutor and | ||||||
25 | deposited in the Narcotics Profit Forfeiture Fund | ||||||
26 | of that office to be used for additional expenses |
| |||||||
| |||||||
1 | incurred in the investigation, prosecution and | ||||||
2 | appeal of cases arising under laws. The Office of | ||||||
3 | the State's Attorneys Appellate Prosecutor shall | ||||||
4 | not receive distribution from cases brought in | ||||||
5 | counties with over 3,000,000 population. | ||||||
6 | (C) 10% shall be retained by the Department of | ||||||
7 | State Police for expenses related to the | ||||||
8 | administration and sale of seized and forfeited | ||||||
9 | property. | ||||||
10 | Moneys and the sale proceeds distributed to the | ||||||
11 | Department of State Police under this Article shall be | ||||||
12 | deposited in the Money Laundering Asset Recovery Fund | ||||||
13 | created in the State treasury and shall be used by the | ||||||
14 | Department of State Police for State law enforcement | ||||||
15 | purposes. | ||||||
16 | (7) All moneys and sale proceeds of property forfeited | ||||||
17 | and seized under this Article and distributed according to | ||||||
18 | paragraph (6) may also be used to purchase opioid | ||||||
19 | antagonists as defined in Section 5-23 of the Alcoholism | ||||||
20 | and Other Drug Abuse and Dependency Act. | ||||||
21 | (i) Notice to owner or interest holder. | ||||||
22 | (1) Whenever notice of pending forfeiture or service of | ||||||
23 | an in rem complaint is required under the provisions of | ||||||
24 | this Article, such notice or service shall be given as | ||||||
25 | follows: | ||||||
26 | (A) If the owner's or interest holder's name and |
| |||||||
| |||||||
1 | current address are known, then by either personal | ||||||
2 | service or mailing a copy of the notice by certified | ||||||
3 | mail, return receipt requested, to that address. For | ||||||
4 | purposes of notice under this Section, if a person has | ||||||
5 | been arrested for the conduct giving rise to the | ||||||
6 | forfeiture, then the address provided to the arresting | ||||||
7 | agency at the time of arrest shall be deemed to be that | ||||||
8 | person's known address. Provided, however, if an owner | ||||||
9 | or interest holder's address changes prior to the | ||||||
10 | effective date of the notice of pending forfeiture, the | ||||||
11 | owner or interest holder shall promptly notify the | ||||||
12 | seizing agency of the change in address or, if the | ||||||
13 | owner or interest holder's address changes subsequent | ||||||
14 | to the effective date of the notice of pending | ||||||
15 | forfeiture, the owner or interest holder shall | ||||||
16 | promptly notify the State's Attorney of the change in | ||||||
17 | address; or | ||||||
18 | (B) If the property seized is a conveyance, to the | ||||||
19 | address reflected in the office of the agency or | ||||||
20 | official in which title or interest to the conveyance | ||||||
21 | is required by law to be recorded, then by mailing a | ||||||
22 | copy of the notice by certified mail, return receipt | ||||||
23 | requested, to that address; or | ||||||
24 | (C) If the owner's or interest holder's address is | ||||||
25 | not known, and is not on record as provided in | ||||||
26 | paragraph (B), then by publication for 3 successive |
| |||||||
| |||||||
1 | weeks in a newspaper of general circulation in the | ||||||
2 | county in which the seizure occurred. | ||||||
3 | (2) Notice served under this Article is effective upon | ||||||
4 | personal service, the last date of publication, or the | ||||||
5 | mailing of written notice, whichever is earlier. | ||||||
6 | (j) Notice to State's Attorney. The law enforcement agency | ||||||
7 | seizing property for forfeiture under this Article shall, | ||||||
8 | within 90 days after seizure, notify the State's Attorney for | ||||||
9 | the county, either where an act or omission giving rise to the | ||||||
10 | forfeiture occurred or where the property was seized, of the | ||||||
11 | seizure of the property and the facts and circumstances giving | ||||||
12 | rise to the seizure and shall provide the State's Attorney with | ||||||
13 | the inventory of the property and its estimated value. When the | ||||||
14 | property seized for forfeiture is a vehicle, the law | ||||||
15 | enforcement agency seizing the property shall immediately | ||||||
16 | notify the Secretary of State that forfeiture proceedings are | ||||||
17 | pending regarding such vehicle. | ||||||
18 | (k) Non-judicial forfeiture. If non-real property that | ||||||
19 | exceeds $20,000 in value excluding the value of any conveyance, | ||||||
20 | or if real property is seized under the provisions of this | ||||||
21 | Article, the State's Attorney shall institute judicial in rem | ||||||
22 | forfeiture proceedings as described in subsection (l) of this | ||||||
23 | Section within 45 days from receipt of notice of seizure from | ||||||
24 | the seizing agency under subsection (j) of this Section. | ||||||
25 | However, if non-real property that does not exceed $20,000 in | ||||||
26 | value excluding the value of any conveyance is seized, the |
| |||||||
| |||||||
1 | following procedure shall be used: | ||||||
2 | (1) If, after review of the facts surrounding the | ||||||
3 | seizure, the State's Attorney is of the opinion that the | ||||||
4 | seized property is subject to forfeiture, then within 45 | ||||||
5 | days after the receipt of notice of seizure from the | ||||||
6 | seizing agency, the State's Attorney shall cause notice of | ||||||
7 | pending forfeiture to be given to the owner of the property | ||||||
8 | and all known interest holders of the property in | ||||||
9 | accordance with subsection (i) of this Section. | ||||||
10 | (2) The notice of pending forfeiture must include a | ||||||
11 | description of the property, the estimated value of the | ||||||
12 | property, the date and place of seizure, the conduct giving | ||||||
13 | rise to forfeiture or the violation of law alleged, and a | ||||||
14 | summary of procedures and procedural rights applicable to | ||||||
15 | the forfeiture action. | ||||||
16 | (3)(A) Any person claiming an interest in property | ||||||
17 | which is the subject of notice under paragraph (1) of this | ||||||
18 | subsection (k), must, in order to preserve any rights or | ||||||
19 | claims to the property, within 45 days after the effective | ||||||
20 | date of notice as described in subsection (i) of this | ||||||
21 | Section, file a verified claim with the State's Attorney | ||||||
22 | expressing his or her interest in the property. The claim | ||||||
23 | must set forth: | ||||||
24 | (i) the caption of the proceedings as set forth on | ||||||
25 | the notice of pending forfeiture and the name of the | ||||||
26 | claimant; |
| |||||||
| |||||||
1 | (ii) the address at which the claimant will accept | ||||||
2 | mail; | ||||||
3 | (iii) the nature and extent of the claimant's | ||||||
4 | interest in the property; | ||||||
5 | (iv) the date, identity of the transferor, and | ||||||
6 | circumstances of the claimant's acquisition of the | ||||||
7 | interest in the property;
| ||||||
8 | (v) the name and address of all other persons known | ||||||
9 | to have an interest in the property; | ||||||
10 | (vi) the specific provision of law relied on in | ||||||
11 | asserting the property is not subject to forfeiture; | ||||||
12 | (vii) all essential facts supporting each | ||||||
13 | assertion; and | ||||||
14 | (viii) the relief sought. | ||||||
15 | (B) If a claimant files the claim and deposits with the | ||||||
16 | State's Attorney a cost bond, in the form of a cashier's | ||||||
17 | check payable to the clerk of the court, in the sum of 10% | ||||||
18 | of the reasonable value of the property as alleged by the | ||||||
19 | State's Attorney or the sum of $100, whichever is greater, | ||||||
20 | upon condition that, in the case of forfeiture, the | ||||||
21 | claimant must pay all costs and expenses of forfeiture | ||||||
22 | proceedings, then the State's Attorney shall institute | ||||||
23 | judicial in rem forfeiture proceedings and deposit the cost | ||||||
24 | bond with the clerk of the court as described in subsection | ||||||
25 | (l) of this Section within 45 days after receipt of the | ||||||
26 | claim and cost bond. In lieu of a cost bond, a person |
| |||||||
| |||||||
1 | claiming interest in the seized property may file, under | ||||||
2 | penalty of perjury, an indigency affidavit which has been | ||||||
3 | approved by a circuit court judge. | ||||||
4 | (C) If none of the seized property is forfeited in the | ||||||
5 | judicial in rem proceeding, the clerk of the court shall | ||||||
6 | return to the claimant, unless the court orders otherwise, | ||||||
7 | 90% of the sum which has been deposited and shall retain as | ||||||
8 | costs 10% of the money deposited. If any of the seized | ||||||
9 | property is forfeited under the judicial forfeiture | ||||||
10 | proceeding, the clerk of the court shall transfer 90% of | ||||||
11 | the sum which has been deposited to the State's Attorney | ||||||
12 | prosecuting the civil forfeiture to be applied to the costs | ||||||
13 | of prosecution and the clerk shall retain as costs 10% of | ||||||
14 | the sum deposited. | ||||||
15 | (4) If no claim is filed or bond given within the 45 | ||||||
16 | day period as described in paragraph (3) of this subsection | ||||||
17 | (k), the State's Attorney shall declare the property | ||||||
18 | forfeited and shall promptly notify the owner and all known | ||||||
19 | interest holders of the property and the Director of State | ||||||
20 | Police of the declaration of forfeiture and the Director | ||||||
21 | shall dispose of the property in accordance with law. | ||||||
22 | (l) Judicial in rem procedures. If property seized under | ||||||
23 | the provisions of this Article is non-real property that | ||||||
24 | exceeds $20,000 in value excluding the value of any conveyance, | ||||||
25 | or is real property, or a claimant has filed a claim and a cost | ||||||
26 | bond under paragraph (3) of subsection (k) of this Section, the |
| |||||||
| |||||||
1 | following judicial in rem procedures shall apply: | ||||||
2 | (1) If, after a review of the facts surrounding the | ||||||
3 | seizure, the State's Attorney is of the opinion that the | ||||||
4 | seized property is subject to forfeiture, then within 45 | ||||||
5 | days of the receipt of notice of seizure by the seizing | ||||||
6 | agency or the filing of the claim and cost bond, whichever | ||||||
7 | is later, the State's Attorney shall institute judicial | ||||||
8 | forfeiture proceedings by filing a verified complaint for | ||||||
9 | forfeiture and, if the claimant has filed a claim and cost | ||||||
10 | bond, by depositing the cost bond with the clerk of the | ||||||
11 | court. When authorized by law, a forfeiture must be ordered | ||||||
12 | by a court on an action in rem brought by a State's | ||||||
13 | Attorney under a verified complaint for forfeiture. | ||||||
14 | (2) During the probable cause portion of the judicial | ||||||
15 | in rem proceeding wherein the State presents its | ||||||
16 | case-in-chief, the court must receive and consider, among | ||||||
17 | other things, all relevant hearsay evidence and | ||||||
18 | information. The laws of evidence relating to civil actions | ||||||
19 | apply to all other portions of the judicial in rem | ||||||
20 | proceeding. | ||||||
21 | (3) Only an owner of or interest holder in the property | ||||||
22 | may file an answer asserting a claim against the property | ||||||
23 | in the action in rem. For purposes of this Section, the | ||||||
24 | owner or interest holder shall be referred to as claimant. | ||||||
25 | Upon motion of the State, the court shall first hold a | ||||||
26 | hearing, wherein any claimant must establish by a |
| |||||||
| |||||||
1 | preponderance of the evidence, that he or she has a lawful, | ||||||
2 | legitimate ownership interest in the property and that it | ||||||
3 | was obtained through a lawful source. | ||||||
4 | (4) The answer must be signed by the owner or interest | ||||||
5 | holder under penalty of perjury and must set forth: | ||||||
6 | (A) the caption of the proceedings as set forth on | ||||||
7 | the notice of pending forfeiture and the name of the | ||||||
8 | claimant; | ||||||
9 | (B) the address at which the claimant will accept | ||||||
10 | mail; | ||||||
11 | (C) the nature and extent of the claimant's | ||||||
12 | interest in the property; | ||||||
13 | (D) the date, identity of transferor, and | ||||||
14 | circumstances of the claimant's acquisition of the | ||||||
15 | interest in the property; | ||||||
16 | (E) the name and address of all other persons known | ||||||
17 | to have an interest in the property; | ||||||
18 | (F) all essential facts supporting each assertion; | ||||||
19 | and | ||||||
20 | (G) the precise relief sought.
| ||||||
21 | (5) The answer must be filed with the court within 45 | ||||||
22 | days after service of the civil in rem complaint. | ||||||
23 | (6) The hearing must be held within 60 days after | ||||||
24 | filing of the answer unless continued for good cause.
| ||||||
25 | (7) The State shall show the existence of probable | ||||||
26 | cause for forfeiture of the property. If the State shows |
| |||||||
| |||||||
1 | probable cause, the claimant has the burden of showing by a | ||||||
2 | preponderance of the evidence that the claimant's interest | ||||||
3 | in the property is not subject to forfeiture.
| ||||||
4 | (8) If the State does not show existence of probable | ||||||
5 | cause, the court shall order the interest in the property | ||||||
6 | returned or conveyed to the claimant and shall order all | ||||||
7 | other property forfeited to the State. If the State does | ||||||
8 | show existence of probable cause, the court shall order all | ||||||
9 | property forfeited to the State. | ||||||
10 | (9) A defendant convicted in any criminal proceeding is | ||||||
11 | precluded from later denying the essential allegations of | ||||||
12 | the criminal offense of which the defendant was convicted | ||||||
13 | in any proceeding under this Article regardless of the | ||||||
14 | pendency of an appeal from that conviction. However, | ||||||
15 | evidence of the pendency of an appeal is admissible. | ||||||
16 | (10) An acquittal or dismissal in a criminal proceeding | ||||||
17 | does not preclude civil proceedings under this Article; | ||||||
18 | however, for good cause shown, on a motion by the State's | ||||||
19 | Attorney, the court may stay civil forfeiture proceedings | ||||||
20 | during the criminal trial for a related criminal indictment | ||||||
21 | or information alleging a money laundering violation. Such | ||||||
22 | a stay shall not be available pending an appeal. Property | ||||||
23 | subject to forfeiture under this Article shall not be | ||||||
24 | subject to return or release by a court exercising | ||||||
25 | jurisdiction over a criminal case involving the seizure of | ||||||
26 | such property unless such return or release is consented to |
| |||||||
| |||||||
1 | by the State's Attorney. | ||||||
2 | (11) All property declared forfeited under this | ||||||
3 | Article vests in this State on the commission of the | ||||||
4 | conduct giving rise to forfeiture together with the | ||||||
5 | proceeds of the property after that time. Any such property | ||||||
6 | or proceeds subsequently transferred to any person remain | ||||||
7 | subject to forfeiture and thereafter shall be ordered | ||||||
8 | forfeited. | ||||||
9 | (12) A civil action under this Article must be | ||||||
10 | commenced within 5 years after the last conduct giving rise | ||||||
11 | to forfeiture became known or should have become known or 5 | ||||||
12 | years after the forfeitable property is discovered, | ||||||
13 | whichever is later, excluding any time during which either | ||||||
14 | the property or claimant is out of the State or in | ||||||
15 | confinement or during which criminal proceedings relating | ||||||
16 | to the same conduct are in progress. | ||||||
17 | (m) Stay of time periods. If property is seized for | ||||||
18 | evidence and for forfeiture, the time periods for instituting | ||||||
19 | judicial and non-judicial forfeiture proceedings shall not | ||||||
20 | begin until the property is no longer necessary for evidence. | ||||||
21 | (n) Settlement of claims. Notwithstanding other provisions | ||||||
22 | of this Article, the State's Attorney and a claimant of seized | ||||||
23 | property may enter into an agreed-upon settlement concerning | ||||||
24 | the seized property in such an amount and upon such terms as | ||||||
25 | are set out in writing in a settlement agreement. | ||||||
26 | (o) Property constituting attorney fees. Nothing in this |
| |||||||
| |||||||
1 | Article applies to property which constitutes reasonable bona | ||||||
2 | fide attorney's fees paid to an attorney for services rendered | ||||||
3 | or to be rendered in the forfeiture proceeding or criminal | ||||||
4 | proceeding relating directly thereto where such property was | ||||||
5 | paid before its seizure, before the issuance of any seizure | ||||||
6 | warrant or court order prohibiting transfer of the property and | ||||||
7 | where the attorney, at the time he or she received the property | ||||||
8 | did not know that it was property subject to forfeiture under | ||||||
9 | this Article. | ||||||
10 | (p) Construction. It is the intent of the General Assembly | ||||||
11 | that the forfeiture provisions of this Article be liberally | ||||||
12 | construed so as to effect their remedial purpose. The | ||||||
13 | forfeiture of property and other remedies hereunder shall be | ||||||
14 | considered to be in addition to, and not exclusive of, any | ||||||
15 | sentence or other remedy provided by law. | ||||||
16 | (q) Judicial review. If property has been declared | ||||||
17 | forfeited under subsection (k) of this Section, any person who | ||||||
18 | has an interest in the property declared forfeited may, within | ||||||
19 | 30 days after the effective date of the notice of the | ||||||
20 | declaration of forfeiture, file a claim and cost bond as | ||||||
21 | described in paragraph (3) of subsection (k) of this Section. | ||||||
22 | If a claim and cost bond is filed under this Section, then the | ||||||
23 | procedures described in subsection (l) of this Section apply. | ||||||
24 | (r) Burden of proof of exemption or exception. It is not | ||||||
25 | necessary for the State to negate any exemption or exception in | ||||||
26 | this Article in any complaint, information, indictment or other |
| |||||||
| |||||||
1 | pleading or in any trial, hearing, or other proceeding under | ||||||
2 | this Article. The burden of proof of any exemption or exception | ||||||
3 | is upon the person claiming it. | ||||||
4 | (s) Review of administrative decisions.
All administrative | ||||||
5 | findings, rulings, final determinations, findings, and | ||||||
6 | conclusions of the State's Attorney's Office under this Article | ||||||
7 | are final and conclusive decisions of the matters involved. Any | ||||||
8 | person aggrieved by the decision may obtain review of the | ||||||
9 | decision pursuant to the provisions of the Administrative | ||||||
10 | Review Law and the rules adopted pursuant to that Law. Pending | ||||||
11 | final decision on such review, the administrative acts, orders, | ||||||
12 | and rulings of the State's Attorney's Office remain in full | ||||||
13 | force and effect unless modified or suspended by order of court | ||||||
14 | pending final judicial decision. Pending final decision on such | ||||||
15 | review, the acts, orders, and rulings of the State's Attorney's | ||||||
16 | Office remain in full force and effect, unless stayed by order | ||||||
17 | of court. However, no stay of any decision of the | ||||||
18 | administrative agency shall issue unless the person aggrieved | ||||||
19 | by the decision establishes by a preponderance of the evidence | ||||||
20 | that good cause exists for the stay. In determining good cause, | ||||||
21 | the court shall find that the aggrieved party has established a | ||||||
22 | substantial likelihood of prevailing on the merits and that | ||||||
23 | granting the stay will not have an injurious effect on the | ||||||
24 | general public.
| ||||||
25 | (Source: P.A. 96-275, eff. 8-11-09; 96-710, eff. 1-1-10; | ||||||
26 | 96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)
|
| |||||||
| |||||||
1 | Section 5-95. The Cannabis Control Act is amended by | ||||||
2 | changing Section 10 as follows:
| ||||||
3 | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| ||||||
4 | Sec. 10. (a)
Whenever any person who has not previously | ||||||
5 | been convicted of, or placed
on probation or court supervision | ||||||
6 | for, any offense under this Act or any
law of the United States | ||||||
7 | or of any State relating to cannabis, or controlled
substances | ||||||
8 | as defined in the Illinois Controlled Substances Act, pleads
| ||||||
9 | guilty to or is found guilty of violating Sections 4(a), 4(b), | ||||||
10 | 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without | ||||||
11 | entering a
judgment and with the consent of such person, | ||||||
12 | sentence him to probation.
| ||||||
13 | (b) When a person is placed on probation, the court shall | ||||||
14 | enter an order
specifying a period of probation of 24 months, | ||||||
15 | and shall defer further
proceedings in
the case until the | ||||||
16 | conclusion of the period or until the filing of a petition
| ||||||
17 | alleging violation of a term or condition of probation.
| ||||||
18 | (c) The conditions of probation shall be that the person: | ||||||
19 | (1) not violate
any criminal statute of any jurisdiction; (2) | ||||||
20 | refrain from possession of a
firearm
or other dangerous weapon; | ||||||
21 | (3) submit to periodic drug testing at a time and in
a manner | ||||||
22 | as ordered by the court, but no less than 3 times during the | ||||||
23 | period of
the probation, with the cost of the testing to be | ||||||
24 | paid by the probationer; and
(4) perform no less than 30 hours |
| |||||||
| |||||||
1 | of community service, provided community
service is available | ||||||
2 | in the jurisdiction and is funded and approved by the
county | ||||||
3 | board.
| ||||||
4 | (d) The court may, in addition to other conditions, require
| ||||||
5 | that the person:
| ||||||
6 | (1) make a report to and appear in person before or | ||||||
7 | participate with the
court or such courts, person, or | ||||||
8 | social service agency as directed by the
court in the order | ||||||
9 | of probation;
| ||||||
10 | (2) pay a fine and costs;
| ||||||
11 | (3) work or pursue a course of study or vocational | ||||||
12 | training;
| ||||||
13 | (4) undergo medical or psychiatric treatment; or | ||||||
14 | treatment for drug
addiction or alcoholism;
| ||||||
15 | (5) attend or reside in a facility established for the | ||||||
16 | instruction or
residence of defendants on probation;
| ||||||
17 | (6) support his dependents;
| ||||||
18 | (7) refrain from possessing a firearm or other | ||||||
19 | dangerous weapon;
| ||||||
20 | (7-5) refrain from having in his or her body the | ||||||
21 | presence of any illicit
drug prohibited by the Cannabis | ||||||
22 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
23 | Methamphetamine Control and Community Protection Act, | ||||||
24 | unless prescribed by a physician, and submit samples of
his | ||||||
25 | or her blood or urine or both for tests to determine the | ||||||
26 | presence of any
illicit drug;
|
| |||||||
| |||||||
1 | (8) and in addition, if a minor:
| ||||||
2 | (i) reside with his parents or in a foster home;
| ||||||
3 | (ii) attend school;
| ||||||
4 | (iii) attend a non-residential program for youth;
| ||||||
5 | (iv) contribute to his own support at home or in a | ||||||
6 | foster home.
| ||||||
7 | (e) Upon violation of a term or condition of probation, the
| ||||||
8 | court
may enter a judgment on its original finding of guilt and | ||||||
9 | proceed as otherwise
provided.
| ||||||
10 | (f) Upon fulfillment of the terms and
conditions of | ||||||
11 | probation, the court shall discharge such person and dismiss
| ||||||
12 | the proceedings against him.
| ||||||
13 | (g) A disposition of probation is considered to be a | ||||||
14 | conviction
for the purposes of imposing the conditions of | ||||||
15 | probation and for appeal,
however, discharge and dismissal | ||||||
16 | under this Section is not a conviction for
purposes of | ||||||
17 | disqualification or disabilities imposed by law upon | ||||||
18 | conviction of
a crime (including the additional penalty imposed | ||||||
19 | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | ||||||
20 | of this Act).
| ||||||
21 | (h) Discharge and dismissal under this Section,
Section 410 | ||||||
22 | of the Illinois Controlled Substances Act, Section 70 of the | ||||||
23 | Methamphetamine Control and Community Protection Act, Section | ||||||
24 | 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or | ||||||
25 | subsection (c) of Section 11-14 of the Criminal Code of 1961 or | ||||||
26 | the Criminal Code of 2012 may occur only once
with respect to |
| |||||||
| |||||||
1 | any person.
| ||||||
2 | (i) If a person is convicted of an offense under this Act, | ||||||
3 | the Illinois
Controlled Substances Act, or the Methamphetamine | ||||||
4 | Control and Community Protection Act within 5 years
subsequent | ||||||
5 | to a discharge and dismissal under this Section, the discharge | ||||||
6 | and
dismissal under this Section shall be admissible in the | ||||||
7 | sentencing proceeding
for that conviction
as a factor in | ||||||
8 | aggravation.
| ||||||
9 | (j) Notwithstanding subsection (a), before a person is | ||||||
10 | sentenced to probation under this Section, the court may refer | ||||||
11 | the person to the drug court established in that judicial | ||||||
12 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
13 | The drug court team shall evaluate the person's likelihood of | ||||||
14 | successfully completing a sentence of probation under this | ||||||
15 | Section and shall report the results of its evaluation to the | ||||||
16 | court. If the drug court team finds that the person suffers | ||||||
17 | from a substance abuse problem that makes him or her | ||||||
18 | substantially unlikely to successfully complete a sentence of | ||||||
19 | probation under this Section, then the drug court shall set | ||||||
20 | forth its findings in the form of a written order, and the | ||||||
21 | person shall not be sentenced to probation under this Section, | ||||||
22 | but may be considered for the drug court program. | ||||||
23 | (Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
24 | 98-164, eff. 1-1-14.)
| ||||||
25 | Section 5-100. The Illinois Controlled Substances Act is |
| |||||||
| |||||||
1 | amended by changing Sections 102, 301, 312, 314.5, 316, 317, | ||||||
2 | 318, 319, 320, 406, and 410 as follows: | ||||||
3 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
4 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
5 | context
otherwise requires:
| ||||||
6 | (a) "Addict" means any person who habitually uses any drug, | ||||||
7 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
8 | to endanger the public
morals, health, safety or welfare or who | ||||||
9 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
10 | substance other than alcohol as to have lost
the power of self | ||||||
11 | control with reference to his or her addiction.
| ||||||
12 | (b) "Administer" means the direct application of a | ||||||
13 | controlled
substance, whether by injection, inhalation, | ||||||
14 | ingestion, or any other
means, to the body of a patient, | ||||||
15 | research subject, or animal (as
defined by the Humane | ||||||
16 | Euthanasia in Animal Shelters Act) by:
| ||||||
17 | (1) a practitioner (or, in his or her presence, by his | ||||||
18 | or her authorized agent),
| ||||||
19 | (2) the patient or research subject pursuant to an | ||||||
20 | order, or
| ||||||
21 | (3) a euthanasia technician as defined by the Humane | ||||||
22 | Euthanasia in
Animal Shelters Act.
| ||||||
23 | (c) "Agent" means an authorized person who acts on behalf | ||||||
24 | of or at
the direction of a manufacturer, distributor, | ||||||
25 | dispenser, prescriber, or practitioner. It does not
include a |
| |||||||
| |||||||
1 | common or contract carrier, public warehouseman or employee of
| ||||||
2 | the carrier or warehouseman.
| ||||||
3 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
4 | substance,
chemically and pharmacologically related to | ||||||
5 | testosterone (other than
estrogens, progestins, | ||||||
6 | corticosteroids, and dehydroepiandrosterone),
and includes:
| ||||||
7 | (i) 3[beta],17-dihydroxy-5a-androstane, | ||||||
8 | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||||||
9 | (iii) 5[alpha]-androstan-3,17-dione, | ||||||
10 | (iv) 1-androstenediol (3[beta], | ||||||
11 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
12 | (v) 1-androstenediol (3[alpha], | ||||||
13 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
14 | (vi) 4-androstenediol | ||||||
15 | (3[beta],17[beta]-dihydroxy-androst-4-ene), | ||||||
16 | (vii) 5-androstenediol | ||||||
17 | (3[beta],17[beta]-dihydroxy-androst-5-ene), | ||||||
18 | (viii) 1-androstenedione | ||||||
19 | ([5alpha]-androst-1-en-3,17-dione), | ||||||
20 | (ix) 4-androstenedione | ||||||
21 | (androst-4-en-3,17-dione), | ||||||
22 | (x) 5-androstenedione | ||||||
23 | (androst-5-en-3,17-dione), | ||||||
24 | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||||||
25 | hydroxyandrost-4-en-3-one), | ||||||
26 | (xii) boldenone (17[beta]-hydroxyandrost- |
| |||||||
| |||||||
1 | 1,4,-diene-3-one), | ||||||
2 | (xiii) boldione (androsta-1,4- | ||||||
3 | diene-3,17-dione), | ||||||
4 | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||||||
5 | [beta]-hydroxyandrost-4-en-3-one), | ||||||
6 | (xv) clostebol (4-chloro-17[beta]- | ||||||
7 | hydroxyandrost-4-en-3-one), | ||||||
8 | (xvi) dehydrochloromethyltestosterone (4-chloro- | ||||||
9 | 17[beta]-hydroxy-17[alpha]-methyl- | ||||||
10 | androst-1,4-dien-3-one), | ||||||
11 | (xvii) desoxymethyltestosterone | ||||||
12 | (17[alpha]-methyl-5[alpha] | ||||||
13 | -androst-2-en-17[beta]-ol)(a.k.a., madol), | ||||||
14 | (xviii) [delta]1-dihydrotestosterone (a.k.a. | ||||||
15 | '1-testosterone') (17[beta]-hydroxy- | ||||||
16 | 5[alpha]-androst-1-en-3-one), | ||||||
17 | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||||||
18 | androstan-3-one), | ||||||
19 | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||||||
20 | 5[alpha]-androstan-3-one), | ||||||
21 | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||||||
22 | hydroxyestr-4-ene), | ||||||
23 | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||||||
24 | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||||||
25 | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||||||
26 | 17[beta]-dihydroxyandrost-1,4-dien-3-one), |
| |||||||
| |||||||
1 | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||||||
2 | hydroxyandrostano[2,3-c]-furazan), | ||||||
3 | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | ||||||
4 | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||||||
5 | androst-4-en-3-one), | ||||||
6 | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||||||
7 | dihydroxy-estr-4-en-3-one), | ||||||
8 | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||||||
9 | hydroxy-5-androstan-3-one), | ||||||
10 | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||||||
11 | [5a]-androstan-3-one), | ||||||
12 | (xxx) methandienone (17[alpha]-methyl-17[beta]- | ||||||
13 | hydroxyandrost-1,4-dien-3-one), | ||||||
14 | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||||||
15 | dihydroxyandrost-5-ene), | ||||||
16 | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||||||
17 | 5[alpha]-androst-1-en-3-one), | ||||||
18 | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||||||
19 | dihydroxy-5a-androstane), | ||||||
20 | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||||||
21 | -5a-androstane), | ||||||
22 | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||||||
23 | dihydroxyandrost-4-ene), | ||||||
24 | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||||||
25 | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||||||
26 | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- |
| |||||||
| |||||||
1 | hydroxyestra-4,9(10)-dien-3-one), | ||||||
2 | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||||||
3 | hydroxyestra-4,9-11-trien-3-one), | ||||||
4 | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||||||
5 | hydroxyandrost-4-en-3-one), | ||||||
6 | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||||||
7 | hydroxyestr-4-en-3-one), | ||||||
8 | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||||||
9 | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||||||
10 | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||||||
11 | 1-testosterone'), | ||||||
12 | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||||||
13 | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||||||
14 | dihydroxyestr-4-ene), | ||||||
15 | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||||||
16 | dihydroxyestr-4-ene), | ||||||
17 | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||||||
18 | dihydroxyestr-5-ene), | ||||||
19 | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||||||
20 | dihydroxyestr-5-ene), | ||||||
21 | (xlvii) 19-nor-4,9(10)-androstadienedione | ||||||
22 | (estra-4,9(10)-diene-3,17-dione), | ||||||
23 | (xlviii) 19-nor-4-androstenedione (estr-4- | ||||||
24 | en-3,17-dione), | ||||||
25 | (xlix) 19-nor-5-androstenedione (estr-5- | ||||||
26 | en-3,17-dione), |
| |||||||
| |||||||
1 | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||||||
2 | hydroxygon-4-en-3-one), | ||||||
3 | (li) norclostebol (4-chloro-17[beta]- | ||||||
4 | hydroxyestr-4-en-3-one), | ||||||
5 | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||||||
6 | hydroxyestr-4-en-3-one), | ||||||
7 | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||||||
8 | hydroxyestr-4-en-3-one), | ||||||
9 | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
10 | 2-oxa-5[alpha]-androstan-3-one), | ||||||
11 | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||||||
12 | dihydroxyandrost-4-en-3-one), | ||||||
13 | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||||||
14 | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||||||
15 | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
16 | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||||||
17 | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||||||
18 | (5[alpha]-androst-1-en-3-one), | ||||||
19 | (lix) testolactone (13-hydroxy-3-oxo-13,17- | ||||||
20 | secoandrosta-1,4-dien-17-oic | ||||||
21 | acid lactone), | ||||||
22 | (lx) testosterone (17[beta]-hydroxyandrost- | ||||||
23 | 4-en-3-one), | ||||||
24 | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||||||
25 | diethyl-17[beta]-hydroxygon- | ||||||
26 | 4,9,11-trien-3-one), |
| |||||||
| |||||||
1 | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||||||
2 | 11-trien-3-one).
| ||||||
3 | Any person who is otherwise lawfully in possession of an | ||||||
4 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
5 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
6 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
7 | expressly intended for and lawfully allowed to be
administered | ||||||
8 | through implants to livestock or other nonhuman species, and
| ||||||
9 | which is approved by the Secretary of Health and Human Services | ||||||
10 | for such
administration, and which the person intends to | ||||||
11 | administer or have
administered through such implants, shall | ||||||
12 | not be considered to be in
unauthorized possession or to | ||||||
13 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
14 | possess with intent to deliver such anabolic steroid for
| ||||||
15 | purposes of this Act.
| ||||||
16 | (d) "Administration" means the Drug Enforcement | ||||||
17 | Administration,
United States Department of Justice, or its | ||||||
18 | successor agency.
| ||||||
19 | (d-5) "Clinical Director, Prescription Monitoring Program" | ||||||
20 | means a Department of Human Services administrative employee | ||||||
21 | licensed to either prescribe or dispense controlled substances | ||||||
22 | who shall run the clinical aspects of the Department of Human | ||||||
23 | Services Prescription Monitoring Program and its Prescription | ||||||
24 | Information Library. | ||||||
25 | (d-10) "Compounding" means the preparation and mixing of | ||||||
26 | components, excluding flavorings, (1) as the result of a |
| |||||||
| |||||||
1 | prescriber's prescription drug order or initiative based on the | ||||||
2 | prescriber-patient-pharmacist relationship in the course of | ||||||
3 | professional practice or (2) for the purpose of, or incident | ||||||
4 | to, research, teaching, or chemical analysis and not for sale | ||||||
5 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
6 | or devices in anticipation of receiving prescription drug | ||||||
7 | orders based on routine, regularly observed dispensing | ||||||
8 | patterns. Commercially available products may be compounded | ||||||
9 | for dispensing to individual patients only if both of the | ||||||
10 | following conditions are met: (i) the commercial product is not | ||||||
11 | reasonably available from normal distribution channels in a | ||||||
12 | timely manner to meet the patient's needs and (ii) the | ||||||
13 | prescribing practitioner has requested that the drug be | ||||||
14 | compounded. | ||||||
15 | (e) "Control" means to add a drug or other substance, or | ||||||
16 | immediate
precursor, to a Schedule whether by
transfer from | ||||||
17 | another Schedule or otherwise.
| ||||||
18 | (f) "Controlled Substance" means (i) a drug, substance, or | ||||||
19 | immediate
precursor in the Schedules of Article II of this Act | ||||||
20 | or (ii) a drug or other substance, or immediate precursor, | ||||||
21 | designated as a controlled substance by the Department through | ||||||
22 | administrative rule. The term does not include distilled | ||||||
23 | spirits, wine, malt beverages, or tobacco, as those terms are
| ||||||
24 | defined or used in the Liquor Control Act of 1934 and the | ||||||
25 | Tobacco Products Tax
Act of 1995.
| ||||||
26 | (f-5) "Controlled substance analog" means a substance: |
| |||||||
| |||||||
1 | (1) the chemical structure of which is substantially | ||||||
2 | similar to the chemical structure of a controlled substance | ||||||
3 | in Schedule I or II; | ||||||
4 | (2) which has a stimulant, depressant, or | ||||||
5 | hallucinogenic effect on the central nervous system that is | ||||||
6 | substantially similar to or greater than the stimulant, | ||||||
7 | depressant, or hallucinogenic effect on the central | ||||||
8 | nervous system of a controlled substance in Schedule I or | ||||||
9 | II; or | ||||||
10 | (3) with respect to a particular person, which such | ||||||
11 | person represents or intends to have a stimulant, | ||||||
12 | depressant, or hallucinogenic effect on the central | ||||||
13 | nervous system that is substantially similar to or greater | ||||||
14 | than the stimulant, depressant, or hallucinogenic effect | ||||||
15 | on the central nervous system of a controlled substance in | ||||||
16 | Schedule I or II. | ||||||
17 | (g) "Counterfeit substance" means a controlled substance, | ||||||
18 | which, or
the container or labeling of which, without | ||||||
19 | authorization bears the
trademark, trade name, or other | ||||||
20 | identifying mark, imprint, number or
device, or any likeness | ||||||
21 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
22 | than the person who in fact manufactured, distributed,
or | ||||||
23 | dispensed the substance.
| ||||||
24 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
25 | or
attempted transfer of possession of a controlled substance, | ||||||
26 | with or
without consideration, whether or not there is an |
| |||||||
| |||||||
1 | agency relationship.
| ||||||
2 | (i) "Department" means the Illinois Department of Human | ||||||
3 | Services (as
successor to the Department of Alcoholism and | ||||||
4 | Substance Abuse) or its successor agency.
| ||||||
5 | (j) (Blank).
| ||||||
6 | (k) "Department of Corrections" means the Department of | ||||||
7 | Corrections
of the State of Illinois or its successor agency.
| ||||||
8 | (l) "Department of Financial and Professional Regulation" | ||||||
9 | means the Department
of Financial and Professional Regulation | ||||||
10 | of the State of Illinois or its successor agency.
| ||||||
11 | (m) "Depressant" means any drug that (i) causes an overall | ||||||
12 | depression of central nervous system functions, (ii) causes | ||||||
13 | impaired consciousness and awareness, and (iii) can be | ||||||
14 | habit-forming or lead to a substance abuse problem, including | ||||||
15 | but not limited to alcohol, cannabis and its active principles | ||||||
16 | and their analogs, benzodiazepines and their analogs, | ||||||
17 | barbiturates and their analogs, opioids (natural and | ||||||
18 | synthetic) and their analogs, and chloral hydrate and similar | ||||||
19 | sedative hypnotics.
| ||||||
20 | (n) (Blank).
| ||||||
21 | (o) "Director" means the Director of the Illinois State | ||||||
22 | Police or his or her designated agents.
| ||||||
23 | (p) "Dispense" means to deliver a controlled substance to | ||||||
24 | an
ultimate user or research subject by or pursuant to the | ||||||
25 | lawful order of
a prescriber, including the prescribing, | ||||||
26 | administering, packaging,
labeling, or compounding necessary |
| |||||||
| |||||||
1 | to prepare the substance for that
delivery.
| ||||||
2 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
3 | (r) "Distribute" means to deliver, other than by | ||||||
4 | administering or
dispensing, a controlled substance.
| ||||||
5 | (s) "Distributor" means a person who distributes.
| ||||||
6 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
7 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
8 | Pharmacopoeia of the
United States, or official National | ||||||
9 | Formulary, or any supplement to any
of them; (2) substances | ||||||
10 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
11 | prevention of disease in man or animals; (3) substances
(other | ||||||
12 | than food) intended to affect the structure of any function of
| ||||||
13 | the body of man or animals and (4) substances intended for use | ||||||
14 | as a
component of any article specified in clause (1), (2), or | ||||||
15 | (3) of this
subsection. It does not include devices or their | ||||||
16 | components, parts, or
accessories.
| ||||||
17 | (t-3) "Electronic health record" or "EHR" means an | ||||||
18 | electronic record of health-related information on an | ||||||
19 | individual that is created, gathered, managed, and consulted by | ||||||
20 | authorized health care clinicians and staff. | ||||||
21 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
22 | Department of Financial and Professional Regulation for the
| ||||||
23 | purpose of animal euthanasia that holds an animal control | ||||||
24 | facility license or
animal
shelter license under the Animal | ||||||
25 | Welfare Act. A euthanasia agency is
authorized to purchase, | ||||||
26 | store, possess, and utilize Schedule II nonnarcotic and
|
| |||||||
| |||||||
1 | Schedule III nonnarcotic drugs for the sole purpose of animal | ||||||
2 | euthanasia.
| ||||||
3 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
4 | substances
(nonnarcotic controlled substances) that are used | ||||||
5 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
6 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
7 | controlled
substance by a practitioner in the regular course of | ||||||
8 | professional
treatment to or for any person who is under his or | ||||||
9 | her treatment for a
pathology or condition other than that | ||||||
10 | individual's physical or
psychological dependence upon or | ||||||
11 | addiction to a controlled substance,
except as provided herein: | ||||||
12 | and application of the term to a pharmacist
shall mean the | ||||||
13 | dispensing of a controlled substance pursuant to the
| ||||||
14 | prescriber's order which in the professional judgment of the | ||||||
15 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
16 | accepted professional
standards including, but not limited to | ||||||
17 | the following, in making the
judgment:
| ||||||
18 | (1) lack of consistency of prescriber-patient | ||||||
19 | relationship,
| ||||||
20 | (2) frequency of prescriptions for same drug by one | ||||||
21 | prescriber for
large numbers of patients,
| ||||||
22 | (3) quantities beyond those normally prescribed,
| ||||||
23 | (4) unusual dosages (recognizing that there may be | ||||||
24 | clinical circumstances where more or less than the usual | ||||||
25 | dose may be used legitimately),
| ||||||
26 | (5) unusual geographic distances between patient, |
| |||||||
| |||||||
1 | pharmacist and
prescriber,
| ||||||
2 | (6) consistent prescribing of habit-forming drugs.
| ||||||
3 | (u-0.5) "Hallucinogen" means a drug that causes markedly | ||||||
4 | altered sensory perception leading to hallucinations of any | ||||||
5 | type. | ||||||
6 | (u-1) "Home infusion services" means services provided by a | ||||||
7 | pharmacy in
compounding solutions for direct administration to | ||||||
8 | a patient in a private
residence, long-term care facility, or | ||||||
9 | hospice setting by means of parenteral,
intravenous, | ||||||
10 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
11 | (u-5) "Illinois State Police" means the State
Police of the | ||||||
12 | State of Illinois, or its successor agency. | ||||||
13 | (v) "Immediate precursor" means a substance:
| ||||||
14 | (1) which the Department has found to be and by rule | ||||||
15 | designated as
being a principal compound used, or produced | ||||||
16 | primarily for use, in the
manufacture of a controlled | ||||||
17 | substance;
| ||||||
18 | (2) which is an immediate chemical intermediary used or | ||||||
19 | likely to
be used in the manufacture of such controlled | ||||||
20 | substance; and
| ||||||
21 | (3) the control of which is necessary to prevent, | ||||||
22 | curtail or limit
the manufacture of such controlled | ||||||
23 | substance.
| ||||||
24 | (w) "Instructional activities" means the acts of teaching, | ||||||
25 | educating
or instructing by practitioners using controlled | ||||||
26 | substances within
educational facilities approved by the State |
| |||||||
| |||||||
1 | Board of Education or
its successor agency.
| ||||||
2 | (x) "Local authorities" means a duly organized State, | ||||||
3 | County or
Municipal peace unit or police force.
| ||||||
4 | (y) "Look-alike substance" means a substance, other than a | ||||||
5 | controlled
substance which (1) by overall dosage unit | ||||||
6 | appearance, including shape,
color, size, markings or lack | ||||||
7 | thereof, taste, consistency, or any other
identifying physical | ||||||
8 | characteristic of the substance, would lead a reasonable
person | ||||||
9 | to believe that the substance is a controlled substance, or (2) | ||||||
10 | is
expressly or impliedly represented to be a controlled | ||||||
11 | substance or is
distributed under circumstances which would | ||||||
12 | lead a reasonable person to
believe that the substance is a | ||||||
13 | controlled substance. For the purpose of
determining whether | ||||||
14 | the representations made or the circumstances of the
| ||||||
15 | distribution would lead a reasonable person to believe the | ||||||
16 | substance to be
a controlled substance under this clause (2) of | ||||||
17 | subsection (y), the court or
other authority may consider the | ||||||
18 | following factors in addition to any other
factor that may be | ||||||
19 | relevant:
| ||||||
20 | (a) statements made by the owner or person in control | ||||||
21 | of the substance
concerning its nature, use or effect;
| ||||||
22 | (b) statements made to the buyer or recipient that the | ||||||
23 | substance may
be resold for profit;
| ||||||
24 | (c) whether the substance is packaged in a manner | ||||||
25 | normally used for the
illegal distribution of controlled | ||||||
26 | substances;
|
| |||||||
| |||||||
1 | (d) whether the distribution or attempted distribution | ||||||
2 | included an
exchange of or demand for money or other | ||||||
3 | property as consideration, and
whether the amount of the | ||||||
4 | consideration was substantially greater than the
| ||||||
5 | reasonable retail market value of the substance.
| ||||||
6 | Clause (1) of this subsection (y) shall not apply to a | ||||||
7 | noncontrolled
substance in its finished dosage form that was | ||||||
8 | initially introduced into
commerce prior to the initial | ||||||
9 | introduction into commerce of a controlled
substance in its | ||||||
10 | finished dosage form which it may substantially resemble.
| ||||||
11 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
12 | distributing
of noncontrolled substances by persons authorized | ||||||
13 | to dispense and
distribute controlled substances under this | ||||||
14 | Act, provided that such action
would be deemed to be carried | ||||||
15 | out in good faith under subsection (u) if the
substances | ||||||
16 | involved were controlled substances.
| ||||||
17 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
18 | manufacture,
preparation, propagation, compounding, | ||||||
19 | processing, packaging, advertising
or distribution of a drug or | ||||||
20 | drugs by any person registered pursuant to
Section 510 of the | ||||||
21 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
22 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
23 | located in a state
of the United States that delivers, | ||||||
24 | dispenses or
distributes, through the United States Postal | ||||||
25 | Service or other common
carrier, to Illinois residents, any | ||||||
26 | substance which requires a prescription.
|
| |||||||
| |||||||
1 | (z) "Manufacture" means the production, preparation, | ||||||
2 | propagation,
compounding, conversion or processing of a | ||||||
3 | controlled substance other than methamphetamine, either
| ||||||
4 | directly or indirectly, by extraction from substances of | ||||||
5 | natural origin,
or independently by means of chemical | ||||||
6 | synthesis, or by a combination of
extraction and chemical | ||||||
7 | synthesis, and includes any packaging or
repackaging of the | ||||||
8 | substance or labeling of its container, except that
this term | ||||||
9 | does not include:
| ||||||
10 | (1) by an ultimate user, the preparation or compounding | ||||||
11 | of a
controlled substance for his or her own use; or
| ||||||
12 | (2) by a practitioner, or his or her authorized agent | ||||||
13 | under his or her
supervision, the preparation, | ||||||
14 | compounding, packaging, or labeling of a
controlled | ||||||
15 | substance:
| ||||||
16 | (a) as an incident to his or her administering or | ||||||
17 | dispensing of a
controlled substance in the course of | ||||||
18 | his or her professional practice; or
| ||||||
19 | (b) as an incident to lawful research, teaching or | ||||||
20 | chemical
analysis and not for sale.
| ||||||
21 | (z-1) (Blank).
| ||||||
22 | (z-5) "Medication shopping" means the conduct prohibited | ||||||
23 | under subsection (a) of Section 314.5 of this Act. | ||||||
24 | (z-10) "Mid-level practitioner" means (i) a physician | ||||||
25 | assistant who has been delegated authority to prescribe through | ||||||
26 | a written delegation of authority by a physician licensed to |
| |||||||
| |||||||
1 | practice medicine in all of its branches, in accordance with | ||||||
2 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
3 | (ii) an advanced practice nurse who has been delegated | ||||||
4 | authority to prescribe through a written delegation of | ||||||
5 | authority by a physician licensed to practice medicine in all | ||||||
6 | of its branches or by a podiatric physician, in accordance with | ||||||
7 | Section 65-40 of the Nurse Practice Act, (iii) an animal | ||||||
8 | euthanasia agency, or (iv) a prescribing psychologist. | ||||||
9 | (aa) "Narcotic drug" means any of the following, whether | ||||||
10 | produced
directly or indirectly by extraction from substances | ||||||
11 | of vegetable origin,
or independently by means of chemical | ||||||
12 | synthesis, or by a combination of
extraction and chemical | ||||||
13 | synthesis:
| ||||||
14 | (1) opium, opiates, derivatives of opium and opiates, | ||||||
15 | including their isomers, esters, ethers, salts, and salts | ||||||
16 | of isomers, esters, and ethers, whenever the existence of | ||||||
17 | such isomers, esters, ethers, and salts is possible within | ||||||
18 | the specific chemical designation; however the term | ||||||
19 | "narcotic drug" does not include the isoquinoline | ||||||
20 | alkaloids of opium;
| ||||||
21 | (2) (blank);
| ||||||
22 | (3) opium poppy and poppy straw;
| ||||||
23 | (4) coca leaves, except coca leaves and extracts of | ||||||
24 | coca leaves from which substantially all of the cocaine and | ||||||
25 | ecgonine, and their isomers, derivatives and salts, have | ||||||
26 | been removed;
|
| |||||||
| |||||||
1 | (5) cocaine, its salts, optical and geometric isomers, | ||||||
2 | and salts of isomers; | ||||||
3 | (6) ecgonine, its derivatives, their salts, isomers, | ||||||
4 | and salts of isomers; | ||||||
5 | (7) any compound, mixture, or preparation which | ||||||
6 | contains any quantity of any of the substances referred to | ||||||
7 | in subparagraphs (1) through (6). | ||||||
8 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
9 | Nurse Practice Act.
| ||||||
10 | (cc) (Blank).
| ||||||
11 | (dd) "Opiate" means any substance having an addiction | ||||||
12 | forming or
addiction sustaining liability similar to morphine | ||||||
13 | or being capable of
conversion into a drug having addiction | ||||||
14 | forming or addiction sustaining
liability.
| ||||||
15 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
16 | somniferum L., except its seeds.
| ||||||
17 | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||||||
18 | solution or other liquid form of medication intended for | ||||||
19 | administration by mouth, but the term does not include a form | ||||||
20 | of medication intended for buccal, sublingual, or transmucosal | ||||||
21 | administration. | ||||||
22 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
23 | Board of
the State of Illinois or its successor agency.
| ||||||
24 | (gg) "Person" means any individual, corporation, | ||||||
25 | mail-order pharmacy,
government or governmental subdivision or | ||||||
26 | agency, business trust, estate,
trust, partnership or |
| |||||||
| |||||||
1 | association, or any other entity.
| ||||||
2 | (hh) "Pharmacist" means any person who holds a license or | ||||||
3 | certificate of
registration as a registered pharmacist, a local | ||||||
4 | registered pharmacist
or a registered assistant pharmacist | ||||||
5 | under the Pharmacy Practice Act.
| ||||||
6 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
7 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
8 | Practice Act.
| ||||||
9 | (ii-5) "Pharmacy shopping" means the conduct prohibited | ||||||
10 | under subsection (b) of Section 314.5 of this Act. | ||||||
11 | (ii-10) "Physician" (except when the context otherwise | ||||||
12 | requires) means a person licensed to practice medicine in all | ||||||
13 | of its branches. | ||||||
14 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
15 | the opium
poppy, after mowing.
| ||||||
16 | (kk) "Practitioner" means a physician licensed to practice | ||||||
17 | medicine in all
its branches, dentist, optometrist, podiatric | ||||||
18 | physician,
veterinarian, scientific investigator, pharmacist, | ||||||
19 | physician assistant,
advanced practice nurse,
licensed | ||||||
20 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
21 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
22 | lawfully permitted by the
United States or this State to | ||||||
23 | distribute, dispense, conduct research
with respect to, | ||||||
24 | administer or use in teaching or chemical analysis, a
| ||||||
25 | controlled substance in the course of professional practice or | ||||||
26 | research.
|
| |||||||
| |||||||
1 | (ll) "Pre-printed prescription" means a written | ||||||
2 | prescription upon which
the designated drug has been indicated | ||||||
3 | prior to the time of issuance; the term does not mean a written | ||||||
4 | prescription that is individually generated by machine or | ||||||
5 | computer in the prescriber's office.
| ||||||
6 | (mm) "Prescriber" means a physician licensed to practice | ||||||
7 | medicine in all
its branches, dentist, optometrist, | ||||||
8 | prescribing psychologist licensed under Section 4.2 of the | ||||||
9 | Clinical Psychologist Licensing Act with prescriptive | ||||||
10 | authority delegated under Section 4.3 of the Clinical | ||||||
11 | Psychologist Licensing Act, podiatric physician, or
| ||||||
12 | veterinarian who issues a prescription, a physician assistant | ||||||
13 | who
issues a
prescription for a controlled substance
in | ||||||
14 | accordance
with Section 303.05, a written delegation, and a | ||||||
15 | written supervision agreement required under Section 7.5
of the
| ||||||
16 | Physician Assistant Practice Act of 1987, or an advanced | ||||||
17 | practice
nurse with prescriptive authority delegated under | ||||||
18 | Section 65-40 of the Nurse Practice Act and in accordance with | ||||||
19 | Section 303.05, a written delegation,
and a written
| ||||||
20 | collaborative agreement under Section 65-35 of the Nurse | ||||||
21 | Practice Act.
| ||||||
22 | (nn) "Prescription" means a written, facsimile, or oral | ||||||
23 | order, or an electronic order that complies with applicable | ||||||
24 | federal requirements,
of
a physician licensed to practice | ||||||
25 | medicine in all its branches,
dentist, podiatric physician or | ||||||
26 | veterinarian for any controlled
substance, of an optometrist |
| |||||||
| |||||||
1 | for a Schedule II, III, IV, or V controlled substance in | ||||||
2 | accordance with Section 15.1 of the Illinois Optometric | ||||||
3 | Practice Act of 1987, of a prescribing psychologist licensed | ||||||
4 | under Section 4.2 of the Clinical Psychologist Licensing Act | ||||||
5 | with prescriptive authority delegated under Section 4.3 of the | ||||||
6 | Clinical Psychologist Licensing Act, of a physician assistant | ||||||
7 | for a
controlled substance
in accordance with Section 303.05, a | ||||||
8 | written delegation, and a written supervision agreement | ||||||
9 | required under
Section 7.5 of the
Physician Assistant Practice | ||||||
10 | Act of 1987, or of an advanced practice
nurse with prescriptive | ||||||
11 | authority delegated under Section 65-40 of the Nurse Practice | ||||||
12 | Act who issues a prescription for a
controlled substance in | ||||||
13 | accordance
with
Section 303.05, a written delegation, and a | ||||||
14 | written collaborative agreement under Section 65-35 of the | ||||||
15 | Nurse Practice Act when required by law.
| ||||||
16 | (nn-5) "Prescription Information Library" (PIL) means an | ||||||
17 | electronic library that contains reported controlled substance | ||||||
18 | data. | ||||||
19 | (nn-10) "Prescription Monitoring Program" (PMP) means the | ||||||
20 | entity that collects, tracks, and stores reported data on | ||||||
21 | controlled substances and select drugs pursuant to Section 316. | ||||||
22 | (oo) "Production" or "produce" means manufacture, | ||||||
23 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
24 | substance other than methamphetamine.
| ||||||
25 | (pp) "Registrant" means every person who is required to | ||||||
26 | register
under Section 302 of this Act.
|
| |||||||
| |||||||
1 | (qq) "Registry number" means the number assigned to each | ||||||
2 | person
authorized to handle controlled substances under the | ||||||
3 | laws of the United
States and of this State.
| ||||||
4 | (qq-5) "Secretary" means, as the context requires, either | ||||||
5 | the Secretary of the Department or the Secretary of the | ||||||
6 | Department of Financial and Professional Regulation, and the | ||||||
7 | Secretary's designated agents. | ||||||
8 | (rr) "State" includes the State of Illinois and any state, | ||||||
9 | district,
commonwealth, territory, insular possession thereof, | ||||||
10 | and any area
subject to the legal authority of the United | ||||||
11 | States of America.
| ||||||
12 | (rr-5) "Stimulant" means any drug that (i) causes an | ||||||
13 | overall excitation of central nervous system functions, (ii) | ||||||
14 | causes impaired consciousness and awareness, and (iii) can be | ||||||
15 | habit-forming or lead to a substance abuse problem, including | ||||||
16 | but not limited to amphetamines and their analogs, | ||||||
17 | methylphenidate and its analogs, cocaine, and phencyclidine | ||||||
18 | and its analogs. | ||||||
19 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
20 | a
controlled substance for his or her own use or for the use of | ||||||
21 | a member of his or her
household or for administering to an | ||||||
22 | animal owned by him or her or by a member
of his or her | ||||||
23 | household.
| ||||||
24 | (Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668, | ||||||
25 | eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; | ||||||
26 | revised 10-1-14.)
|
| |||||||
| |||||||
1 | (720 ILCS 570/301) (from Ch. 56 1/2, par. 1301)
| ||||||
2 | Sec. 301. The Department of Financial and Professional | ||||||
3 | Regulation shall promulgate
rules and charge reasonable fees | ||||||
4 | and fines relating to the registration and
control of the | ||||||
5 | manufacture, distribution, and dispensing of controlled
| ||||||
6 | substances within this State. The Department shall request a | ||||||
7 | contact email address in its application for a new or renewed | ||||||
8 | license to dispense controlled substances. All moneys received | ||||||
9 | by the Department of Financial and
Professional Regulation | ||||||
10 | under this Act shall be deposited into the respective
| ||||||
11 | professional dedicated funds in like manner as the primary | ||||||
12 | professional
licenses. | ||||||
13 | A pharmacy, manufacturer of controlled substances, or | ||||||
14 | wholesale distributor of controlled substances that is | ||||||
15 | regulated under this Act and owned and operated by the State is | ||||||
16 | exempt from fees required under this Act. Pharmacists and | ||||||
17 | pharmacy technicians working in facilities owned and operated | ||||||
18 | by the State are not exempt from the payment of fees required | ||||||
19 | by this Act and any rules adopted under this Act. Nothing in | ||||||
20 | this Section shall be construed to prohibit the Department of | ||||||
21 | Financial and Professional Regulation from imposing any fine or | ||||||
22 | other penalty allowed under this Act.
| ||||||
23 | (Source: P.A. 97-334, eff. 1-1-12.)
| ||||||
24 | (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
|
| |||||||
| |||||||
1 | Sec. 312. Requirements for dispensing controlled | ||||||
2 | substances.
| ||||||
3 | (a) A practitioner, in good faith, may dispense a Schedule
| ||||||
4 | II controlled substance, which is a narcotic drug listed in | ||||||
5 | Section 206
of this Act; or which contains any quantity of | ||||||
6 | amphetamine or
methamphetamine, their salts, optical isomers | ||||||
7 | or salts of optical
isomers; phenmetrazine and its salts; or | ||||||
8 | pentazocine; and Schedule III, IV, or V controlled substances
| ||||||
9 | to any person upon
a written or electronic prescription of any | ||||||
10 | prescriber, dated and signed
by the
person prescribing (or | ||||||
11 | electronically validated in compliance with Section 311.5) on | ||||||
12 | the day when issued and bearing the name and
address of the | ||||||
13 | patient for whom, or the owner of the animal for which
the | ||||||
14 | controlled substance is dispensed, and the full name, address | ||||||
15 | and
registry number under the laws of the United States | ||||||
16 | relating to
controlled substances of the prescriber, if he or | ||||||
17 | she is
required by
those laws to be registered. If the | ||||||
18 | prescription is for an animal it
shall state the species of | ||||||
19 | animal for which it is ordered. The
practitioner filling the | ||||||
20 | prescription shall, unless otherwise permitted, write the date | ||||||
21 | of filling
and his or her own signature on the face of the | ||||||
22 | written prescription or, alternatively, shall indicate such | ||||||
23 | filling using a unique identifier as defined in paragraph (v) | ||||||
24 | of Section 3 of the Pharmacy Practice Act.
The written | ||||||
25 | prescription shall be
retained on file by the practitioner who | ||||||
26 | filled it or pharmacy in which
the prescription was filled for |
| |||||||
| |||||||
1 | a period of 2 years, so as to be readily
accessible for | ||||||
2 | inspection or removal by any officer or employee engaged
in the | ||||||
3 | enforcement of this Act. Whenever the practitioner's or
| ||||||
4 | pharmacy's copy of any prescription is removed by an officer or
| ||||||
5 | employee engaged in the enforcement of this Act, for the | ||||||
6 | purpose of
investigation or as evidence, such officer or | ||||||
7 | employee shall give to the
practitioner or pharmacy a receipt | ||||||
8 | in lieu thereof. If the specific prescription is machine or | ||||||
9 | computer generated and printed at the prescriber's office, the | ||||||
10 | date does not need to be handwritten. A prescription
for a | ||||||
11 | Schedule II controlled substance shall not be issued for more | ||||||
12 | than a 30 day supply, except as provided in subsection (a-5), | ||||||
13 | and shall be valid for up to 90 days
after the date of | ||||||
14 | issuance. A written prescription for Schedule III, IV or
V | ||||||
15 | controlled substances shall not be filled or refilled more than | ||||||
16 | 6 months
after the date thereof or refilled more than 5 times | ||||||
17 | unless renewed, in
writing, by the prescriber. A pharmacy shall | ||||||
18 | maintain a policy regarding the type of identification | ||||||
19 | necessary, if any, to receive a prescription in accordance with | ||||||
20 | State and federal law. The pharmacy must post such information | ||||||
21 | where prescriptions are filled.
| ||||||
22 | (a-5) Physicians may issue multiple prescriptions (3 | ||||||
23 | sequential 30-day supplies) for the same Schedule II controlled | ||||||
24 | substance, authorizing up to a 90-day supply. Before | ||||||
25 | authorizing a 90-day supply of a Schedule II controlled | ||||||
26 | substance, the physician must meet both of the following |
| |||||||
| |||||||
1 | conditions: | ||||||
2 | (1) Each separate prescription must be issued for a | ||||||
3 | legitimate medical purpose by an individual physician | ||||||
4 | acting in the usual course of professional practice. | ||||||
5 | (2) The individual physician must provide written | ||||||
6 | instructions on each prescription (other than the first | ||||||
7 | prescription, if the prescribing physician intends for the | ||||||
8 | prescription to be filled immediately) indicating the | ||||||
9 | earliest date on which a pharmacy may fill that | ||||||
10 | prescription. | ||||||
11 | (3) The physician shall document in the medical record | ||||||
12 | of a patient the medical necessity for the amount and | ||||||
13 | duration of the 3 sequential 30-day prescriptions for | ||||||
14 | Schedule II narcotics. | ||||||
15 | (b) In lieu of a written prescription required by this | ||||||
16 | Section, a
pharmacist, in good faith, may dispense Schedule | ||||||
17 | III, IV, or V
substances to any person either upon receiving a | ||||||
18 | facsimile of a written,
signed prescription transmitted by the | ||||||
19 | prescriber or the prescriber's agent
or upon a lawful oral | ||||||
20 | prescription of a
prescriber which oral prescription shall be | ||||||
21 | reduced
promptly to
writing by the pharmacist and such written | ||||||
22 | memorandum thereof shall be
dated on the day when such oral | ||||||
23 | prescription is received by the
pharmacist and shall bear the | ||||||
24 | full name and address of the ultimate user
for whom, or of the | ||||||
25 | owner of the animal for which the controlled
substance is | ||||||
26 | dispensed, and the full name, address, and registry number
|
| |||||||
| |||||||
1 | under the law of the United States relating to controlled | ||||||
2 | substances of
the prescriber prescribing if he or she is | ||||||
3 | required by those laws
to be so
registered, and the pharmacist | ||||||
4 | filling such oral prescription shall
write the date of filling | ||||||
5 | and his or her own signature on the face of such
written | ||||||
6 | memorandum thereof. The facsimile copy of the prescription or
| ||||||
7 | written memorandum of the oral
prescription shall be retained | ||||||
8 | on file by the proprietor of the pharmacy
in which it is filled | ||||||
9 | for a period of not less than two years, so as to
be readily | ||||||
10 | accessible for inspection by any officer or employee engaged
in | ||||||
11 | the enforcement of this Act in the same manner as a written
| ||||||
12 | prescription. The facsimile copy of the prescription or oral | ||||||
13 | prescription
and the written memorandum thereof
shall not be | ||||||
14 | filled or refilled more than 6 months after the date
thereof or | ||||||
15 | be refilled more than 5 times, unless renewed, in writing, by
| ||||||
16 | the prescriber.
| ||||||
17 | (c) Except for any non-prescription targeted | ||||||
18 | methamphetamine precursor regulated by the Methamphetamine | ||||||
19 | Precursor Control Act, a
controlled substance included in | ||||||
20 | Schedule V shall not be
distributed or dispensed other than for | ||||||
21 | a medical purpose and not for
the purpose of evading this Act, | ||||||
22 | and then:
| ||||||
23 | (1) only personally by a person registered to dispense | ||||||
24 | a Schedule V
controlled substance and then only to his or | ||||||
25 | her patients, or
| ||||||
26 | (2) only personally by a pharmacist, and then only to a |
| |||||||
| |||||||
1 | person over
21 years of age who has identified himself or | ||||||
2 | herself to the pharmacist by means of
2 positive documents | ||||||
3 | of identification.
| ||||||
4 | (3) the dispenser shall record the name and address of | ||||||
5 | the
purchaser, the name and quantity of the product, the | ||||||
6 | date and time of
the sale, and the dispenser's signature.
| ||||||
7 | (4) no person shall purchase or be dispensed more than | ||||||
8 | 120
milliliters or more than 120 grams of any Schedule V | ||||||
9 | substance which
contains codeine, dihydrocodeine, or any | ||||||
10 | salts thereof, or
ethylmorphine, or any salts thereof, in | ||||||
11 | any 96 hour period. The
purchaser shall sign a form, | ||||||
12 | approved by the Department of Financial and Professional
| ||||||
13 | Regulation, attesting that he or she has not purchased any | ||||||
14 | Schedule V
controlled substances within the immediately | ||||||
15 | preceding 96 hours.
| ||||||
16 | (5) (Blank).
| ||||||
17 | (6) all records of purchases and sales shall be | ||||||
18 | maintained for not
less than 2 years.
| ||||||
19 | (7) no person shall obtain or attempt to obtain within | ||||||
20 | any
consecutive 96 hour period any Schedule V substances of | ||||||
21 | more than 120
milliliters or more than 120 grams containing | ||||||
22 | codeine, dihydrocodeine or
any of its salts, or | ||||||
23 | ethylmorphine or any of its salts. Any person
obtaining any | ||||||
24 | such preparations or combination of preparations in excess
| ||||||
25 | of this limitation shall be in unlawful possession of such | ||||||
26 | controlled
substance.
|
| |||||||
| |||||||
1 | (8) a person qualified to dispense controlled | ||||||
2 | substances under this
Act and registered thereunder shall | ||||||
3 | at no time maintain or keep in stock
a quantity of Schedule | ||||||
4 | V controlled substances in excess of 4.5 liters for each
| ||||||
5 | substance; a pharmacy shall at no time maintain or keep in | ||||||
6 | stock a
quantity of Schedule V controlled substances as | ||||||
7 | defined in excess of 4.5
liters for each substance, plus | ||||||
8 | the additional quantity of controlled
substances necessary | ||||||
9 | to fill the largest number of prescription orders
filled by | ||||||
10 | that pharmacy for such controlled substances in any one | ||||||
11 | week
in the previous year. These limitations shall not | ||||||
12 | apply to Schedule V
controlled substances which Federal law | ||||||
13 | prohibits from being dispensed
without a prescription.
| ||||||
14 | (9) no person shall distribute or dispense butyl | ||||||
15 | nitrite for
inhalation or other introduction into the human | ||||||
16 | body for euphoric or
physical effect.
| ||||||
17 | (d) Every practitioner shall keep a record or log of | ||||||
18 | controlled substances
received by him or her and a record of | ||||||
19 | all such controlled substances
administered, dispensed or | ||||||
20 | professionally used by him or her otherwise than by
| ||||||
21 | prescription. It shall, however, be sufficient compliance with | ||||||
22 | this
paragraph if any practitioner utilizing controlled | ||||||
23 | substances listed in
Schedules III, IV and V shall keep a | ||||||
24 | record of all those substances
dispensed and distributed by him | ||||||
25 | or her other than those controlled substances
which are | ||||||
26 | administered by the direct application of a controlled
|
| |||||||
| |||||||
1 | substance, whether by injection, inhalation, ingestion, or any | ||||||
2 | other
means to the body of a patient or research subject. A | ||||||
3 | practitioner who
dispenses, other than by administering, a | ||||||
4 | controlled substance in
Schedule II, which is a narcotic drug | ||||||
5 | listed in Section 206 of this Act,
or which contains any | ||||||
6 | quantity of amphetamine or methamphetamine, their
salts, | ||||||
7 | optical isomers or salts of optical isomers, pentazocine, or
| ||||||
8 | methaqualone shall do so only upon
the issuance of a written | ||||||
9 | prescription blank or electronic prescription issued by a
| ||||||
10 | prescriber.
| ||||||
11 | (e) Whenever a manufacturer distributes a controlled | ||||||
12 | substance in a
package prepared by him or her, and whenever a | ||||||
13 | wholesale distributor
distributes a controlled substance in a | ||||||
14 | package prepared by him or her or the
manufacturer, he or she | ||||||
15 | shall securely affix to each package in which that
substance is | ||||||
16 | contained a label showing in legible English the name and
| ||||||
17 | address of the manufacturer, the distributor and the quantity, | ||||||
18 | kind and
form of controlled substance contained therein. No | ||||||
19 | person except a
pharmacist and only for the purposes of filling | ||||||
20 | a prescription under
this Act, shall alter, deface or remove | ||||||
21 | any label so affixed.
| ||||||
22 | (f) Whenever a practitioner dispenses any controlled | ||||||
23 | substance except a non-prescription Schedule V product or a | ||||||
24 | non-prescription targeted methamphetamine precursor regulated | ||||||
25 | by the Methamphetamine Precursor Control Act, he or she
shall | ||||||
26 | affix to the container in which such substance is sold or
|
| |||||||
| |||||||
1 | dispensed, a label indicating the date of initial filling, the | ||||||
2 | practitioner's
name and address, the name
of the patient, the | ||||||
3 | name of the prescriber,
the directions
for use and cautionary | ||||||
4 | statements, if any, contained in any prescription
or required | ||||||
5 | by law, the proprietary name or names or the established name
| ||||||
6 | of the controlled substance, and the dosage and quantity, | ||||||
7 | except as otherwise
authorized by regulation by the Department | ||||||
8 | of Financial and Professional Regulation. No
person shall | ||||||
9 | alter, deface or remove any label so affixed as long as the | ||||||
10 | specific medication remains in the container.
| ||||||
11 | (g) A person to whom or for whose use any controlled | ||||||
12 | substance has
been prescribed or dispensed by a practitioner, | ||||||
13 | or other persons
authorized under this Act, and the owner of | ||||||
14 | any animal for which such
substance has been prescribed or | ||||||
15 | dispensed by a veterinarian, may
lawfully possess such | ||||||
16 | substance only in the container in which it was
delivered to | ||||||
17 | him or her by the person dispensing such substance.
| ||||||
18 | (h) The responsibility for the proper prescribing or | ||||||
19 | dispensing of
controlled substances that are under the | ||||||
20 | prescriber's direct control is upon the prescriber. The | ||||||
21 | responsibility for
the proper filling of a prescription for | ||||||
22 | controlled substance drugs
rests with the pharmacist. An order | ||||||
23 | purporting to be a prescription
issued to any individual, which | ||||||
24 | is not in the regular course of
professional treatment nor part | ||||||
25 | of an authorized methadone maintenance
program, nor in | ||||||
26 | legitimate and authorized research instituted by any
|
| |||||||
| |||||||
1 | accredited hospital, educational institution, charitable | ||||||
2 | foundation, or
federal, state or local governmental agency, and | ||||||
3 | which is intended to
provide that individual with controlled | ||||||
4 | substances sufficient to
maintain that individual's or any | ||||||
5 | other individual's physical or
psychological addiction, | ||||||
6 | habitual or customary use, dependence, or
diversion of that | ||||||
7 | controlled substance is not a prescription within the
meaning | ||||||
8 | and intent of this Act; and the person issuing it, shall be
| ||||||
9 | subject to the penalties provided for violations of the law | ||||||
10 | relating to
controlled substances.
| ||||||
11 | (i) A prescriber shall not pre-print preprint or cause to | ||||||
12 | be
pre-printed preprinted a
prescription for any controlled | ||||||
13 | substance; nor shall any practitioner
issue, fill or cause to | ||||||
14 | be issued or filled, a pre-printed preprinted prescription
for | ||||||
15 | any controlled substance.
| ||||||
16 | (i-5) A prescriber may use a machine or electronic device | ||||||
17 | to individually generate a printed prescription, but the | ||||||
18 | prescriber is still required to affix his or her manual | ||||||
19 | signature. | ||||||
20 | (j) No person shall manufacture, dispense, deliver, | ||||||
21 | possess with
intent to deliver, prescribe, or administer or | ||||||
22 | cause to be administered
under his or her direction any | ||||||
23 | anabolic steroid, for any use in humans other than
the | ||||||
24 | treatment of disease in accordance with the order of a | ||||||
25 | physician licensed
to practice medicine in all its branches for | ||||||
26 | a
valid medical purpose in the course of professional practice. |
| |||||||
| |||||||
1 | The use of
anabolic steroids for the purpose of hormonal | ||||||
2 | manipulation that is intended
to increase muscle mass, strength | ||||||
3 | or weight without a medical necessity to
do so, or for the | ||||||
4 | intended purpose of improving physical appearance or
| ||||||
5 | performance in any form of exercise, sport, or game, is not a | ||||||
6 | valid medical
purpose or in the course of professional | ||||||
7 | practice.
| ||||||
8 | (k) Controlled substances may be mailed if all of the | ||||||
9 | following conditions are met: | ||||||
10 | (1) The controlled substances are not outwardly | ||||||
11 | dangerous and are not likely, of their own force, to cause | ||||||
12 | injury to a person's life or health. | ||||||
13 | (2) The inner container of a parcel containing | ||||||
14 | controlled substances must be marked and sealed as required | ||||||
15 | under this Act and its rules, and be placed in a plain | ||||||
16 | outer container or securely wrapped in plain paper. | ||||||
17 | (3) If the controlled substances consist of | ||||||
18 | prescription medicines, the inner container must be | ||||||
19 | labeled to show the name and address of the pharmacy or | ||||||
20 | practitioner dispensing the prescription. | ||||||
21 | (4) The outside wrapper or container must be free of | ||||||
22 | markings that would indicate the nature of the contents. | ||||||
23 | (Source: P.A. 96-166, eff. 1-1-10; 97-334, eff. 1-1-12; revised | ||||||
24 | 12-10-14.)
| ||||||
25 | (720 ILCS 570/314.5) |
| |||||||
| |||||||
1 | Sec. 314.5. Medication shopping; pharmacy shopping. | ||||||
2 | (a) It shall be unlawful for any person knowingly or | ||||||
3 | intentionally to fraudulently obtain or fraudulently seek to | ||||||
4 | obtain any controlled substance or prescription for a | ||||||
5 | controlled substance from a prescriber or dispenser while being | ||||||
6 | supplied with any controlled substance or prescription for a | ||||||
7 | controlled substance by another prescriber or dispenser, | ||||||
8 | without disclosing the fact of the existing controlled | ||||||
9 | substance or prescription for a controlled substance to the | ||||||
10 | prescriber or dispenser from whom the subsequent controlled | ||||||
11 | substance or prescription for a controlled substance is sought. | ||||||
12 | (b) It shall be unlawful for a person knowingly or | ||||||
13 | intentionally to fraudulently obtain or fraudulently seek to | ||||||
14 | obtain any controlled substance from a pharmacy while being | ||||||
15 | supplied with any controlled substance by another pharmacy, | ||||||
16 | without disclosing the fact of the existing controlled | ||||||
17 | substance to the pharmacy from which the subsequent controlled | ||||||
18 | substance is sought. | ||||||
19 | (c) A person may be in violation of Section 3.23 of the | ||||||
20 | Illinois Food, Drug and Cosmetic Act or Section 406 of this Act | ||||||
21 | when medication shopping or pharmacy shopping, or both. | ||||||
22 | (d) When a person has been identified as having 3 6 or more | ||||||
23 | prescribers or 3 6 or more pharmacies, or both, that do not | ||||||
24 | utilize a common electronic file as specified in Section 20 of | ||||||
25 | the Pharmacy Practice Act for controlled substances within the | ||||||
26 | course of a continuous 30-day period, the Prescription |
| |||||||
| |||||||
1 | Monitoring Program may issue an unsolicited report to the | ||||||
2 | prescribers , dispensers, and their designees informing them of | ||||||
3 | the potential medication shopping. | ||||||
4 | (e) Nothing in this Section shall be construed to create a | ||||||
5 | requirement that any prescriber, dispenser, or pharmacist | ||||||
6 | request any patient medication disclosure, report any patient | ||||||
7 | activity, or prescribe or refuse to prescribe or dispense any | ||||||
8 | medications. | ||||||
9 | (f) This Section shall not be construed to apply to | ||||||
10 | inpatients or residents at hospitals or other institutions or | ||||||
11 | to institutional pharmacies.
| ||||||
12 | (g) Any patient feedback, including grades, ratings, or | ||||||
13 | written or verbal statements, in opposition to a clinical | ||||||
14 | decision that the prescription of a controlled substance is not | ||||||
15 | medically necessary shall not be the basis of any adverse | ||||||
16 | action, evaluation, or any other type of negative | ||||||
17 | credentialing, contracting, licensure, or employment action | ||||||
18 | taken against a prescriber or dispenser. | ||||||
19 | (Source: P.A. 97-334, eff. 1-1-12.)
| ||||||
20 | (720 ILCS 570/316)
| ||||||
21 | Sec. 316. Prescription monitoring program. | ||||||
22 | (a) The Department must provide for a
prescription | ||||||
23 | monitoring program for Schedule II, III, IV, and V controlled | ||||||
24 | substances that includes the following components and | ||||||
25 | requirements:
|
| |||||||
| |||||||
1 | (1) The
dispenser must transmit to the
central | ||||||
2 | repository, in a form and manner specified by the | ||||||
3 | Department, the following information:
| ||||||
4 | (A) The recipient's name and address .
| ||||||
5 | (B) The recipient's date of birth and gender | ||||||
6 | address .
| ||||||
7 | (C) The national drug code number of the controlled
| ||||||
8 | substance
dispensed.
| ||||||
9 | (D) The date the controlled substance is | ||||||
10 | dispensed.
| ||||||
11 | (E) The quantity of the controlled substance | ||||||
12 | dispensed and days supply .
| ||||||
13 | (F) The dispenser's United States Drug Enforcement | ||||||
14 | Administration
registration number.
| ||||||
15 | (G) The prescriber's United States Drug | ||||||
16 | Enforcement Administration
registration number.
| ||||||
17 | (H) The dates the controlled substance | ||||||
18 | prescription is filled. | ||||||
19 | (I) The payment type used to purchase the | ||||||
20 | controlled substance (i.e. Medicaid, cash, third party | ||||||
21 | insurance). | ||||||
22 | (J) The patient location code (i.e. home, nursing | ||||||
23 | home, outpatient, etc.) for the controlled substances | ||||||
24 | other than those filled at a retail pharmacy. | ||||||
25 | (K) Any additional information that may be | ||||||
26 | required by the department by administrative rule, |
| |||||||
| |||||||
1 | including but not limited to information required for | ||||||
2 | compliance with the criteria for electronic reporting | ||||||
3 | of the American Society for Automation and Pharmacy or | ||||||
4 | its successor.
| ||||||
5 | (2) The information required to be transmitted under | ||||||
6 | this Section must be
transmitted not later more than the | ||||||
7 | end of the next business day 7 days after the date on which | ||||||
8 | a
controlled substance is dispensed, or at such other time | ||||||
9 | as may be required by the Department by administrative | ||||||
10 | rule.
| ||||||
11 | (3) A dispenser must transmit the information required | ||||||
12 | under this Section
by:
| ||||||
13 | (A) an electronic device compatible with the | ||||||
14 | receiving device of the
central repository;
| ||||||
15 | (B) a computer diskette;
| ||||||
16 | (C) a magnetic tape; or
| ||||||
17 | (D) a pharmacy universal claim form or Pharmacy | ||||||
18 | Inventory Control form;
| ||||||
19 | (4) The Department may impose a civil fine of up to | ||||||
20 | $100 per day for willful failure to report controlled | ||||||
21 | substance dispensing to the Prescription Monitoring | ||||||
22 | Program. The fine shall be calculated on no more than the | ||||||
23 | number of days from the time the report was required to be | ||||||
24 | made until the time the problem was resolved, and shall be | ||||||
25 | payable to the Prescription Monitoring Program.
| ||||||
26 | (b) The Department, by rule, may include in the monitoring |
| |||||||
| |||||||
1 | program certain other select drugs that are not included in | ||||||
2 | Schedule II, III, IV, or V. The prescription monitoring program | ||||||
3 | does not apply to
controlled substance prescriptions as | ||||||
4 | exempted under Section
313.
| ||||||
5 | (c) The collection of data on select drugs and scheduled | ||||||
6 | substances by the Prescription Monitoring Program may be used | ||||||
7 | as a tool for addressing oversight requirements of long-term | ||||||
8 | care institutions as set forth by Public Act 96-1372. Long-term | ||||||
9 | care pharmacies shall transmit patient medication profiles to | ||||||
10 | the Prescription Monitoring Program monthly or more frequently | ||||||
11 | as established by administrative rule. | ||||||
12 | (d) The Department of Human Services shall appoint a | ||||||
13 | full-time Clinical Director of the Prescription Monitoring | ||||||
14 | Program. | ||||||
15 | (e) Within one year of the effective date of this | ||||||
16 | amendatory Act of the 99th General Assembly, the Department | ||||||
17 | shall adopt rules establishing pilot initiatives involving a | ||||||
18 | cross-section of hospitals in this State to increase electronic | ||||||
19 | integration of a hospital's electronic health record with the | ||||||
20 | Prescription Monitoring Program on or before January 1, 2019 to | ||||||
21 | ensure all providers have timely access to relevant | ||||||
22 | prescription information during the treatment of their | ||||||
23 | patients. These rules shall also establish pilots that enhance | ||||||
24 | the electronic integration of outpatient pharmacy records with | ||||||
25 | the Prescription Monitoring Program to allow for faster | ||||||
26 | transmission of the information required under this Section. In |
| |||||||
| |||||||
1 | collaboration with the Department of Human Services, the | ||||||
2 | Prescription Monitoring Program Advisory Committee shall | ||||||
3 | identify funding sources to support the pilot projects in this | ||||||
4 | Section and distribution of funds shall be based on voluntary | ||||||
5 | and incentive-based models. The rules adopted by the Department | ||||||
6 | shall also ensure that the Department continues to monitor | ||||||
7 | updates in Electronic Health Record Technology and how other | ||||||
8 | states have integrated their prescription monitoring databases | ||||||
9 | with Electronic Health Records. | ||||||
10 | (Source: P.A. 97-334, eff. 1-1-12.)
| ||||||
11 | (720 ILCS 570/317)
| ||||||
12 | Sec. 317. Central repository for collection of | ||||||
13 | information.
| ||||||
14 | (a) The Department must designate a central repository for
| ||||||
15 | the collection of information transmitted under Section 316 and | ||||||
16 | former Section 321.
| ||||||
17 | (b) The central repository must do the following:
| ||||||
18 | (1) Create a database for information required to be | ||||||
19 | transmitted under
Section 316 in the form required under | ||||||
20 | rules adopted by the
Department, including search | ||||||
21 | capability for the following:
| ||||||
22 | (A) A recipient's name and address .
| ||||||
23 | (B) A recipient's date of birth and gender address .
| ||||||
24 | (C) The national drug code number of a controlled | ||||||
25 | substance
dispensed.
|
| |||||||
| |||||||
1 | (D) The dates a controlled substance is dispensed.
| ||||||
2 | (E) The quantities and days supply of a controlled | ||||||
3 | substance dispensed.
| ||||||
4 | (F) A dispenser's Administration
registration | ||||||
5 | number.
| ||||||
6 | (G) A prescriber's Administration
registration | ||||||
7 | number.
| ||||||
8 | (H) The dates the controlled substance | ||||||
9 | prescription is filled. | ||||||
10 | (I) The payment type used to purchase the | ||||||
11 | controlled substance (i.e. Medicaid, cash, third party | ||||||
12 | insurance). | ||||||
13 | (J) The patient location code (i.e. home, nursing | ||||||
14 | home, outpatient, etc.) for controlled substance | ||||||
15 | prescriptions other than those filled at a retail | ||||||
16 | pharmacy.
| ||||||
17 | (2) Provide the Department with a database maintained | ||||||
18 | by the central
repository. The Department of Financial and
| ||||||
19 | Professional
Regulation must provide the
Department with | ||||||
20 | electronic access to the license information of a | ||||||
21 | prescriber or
dispenser.
| ||||||
22 | (3) Secure the information collected by the central | ||||||
23 | repository and the
database maintained by the central | ||||||
24 | repository against access by unauthorized
persons. | ||||||
25 | All prescribers shall designate one or more medical | ||||||
26 | specialties or fields of medical care and treatment for which |
| |||||||
| |||||||
1 | the prescriber prescribes controlled substances when | ||||||
2 | registering with the Prescription Monitoring Program. | ||||||
3 | No fee shall be charged for access by a prescriber or | ||||||
4 | dispenser.
| ||||||
5 | (Source: P.A. 97-334, eff. 1-1-12.)
| ||||||
6 | (720 ILCS 570/318)
| ||||||
7 | Sec. 318. Confidentiality of information.
| ||||||
8 | (a) Information received by the central repository under | ||||||
9 | Section 316 and former Section 321
is confidential.
| ||||||
10 | (b) The Department must carry out a program to protect the
| ||||||
11 | confidentiality of the information described in subsection | ||||||
12 | (a). The Department
may
disclose the information to another | ||||||
13 | person only under
subsection (c), (d), or (f) and may charge a | ||||||
14 | fee not to exceed the actual cost
of
furnishing the
| ||||||
15 | information.
| ||||||
16 | (c) The Department may disclose confidential information | ||||||
17 | described
in subsection (a) to any person who is engaged in | ||||||
18 | receiving, processing, or
storing the information.
| ||||||
19 | (d) The Department may release confidential information | ||||||
20 | described
in subsection (a) to the following persons:
| ||||||
21 | (1) A governing body
that licenses practitioners and is | ||||||
22 | engaged in an investigation, an
adjudication,
or a | ||||||
23 | prosecution of a violation under any State or federal law | ||||||
24 | that involves a
controlled substance.
| ||||||
25 | (2) An investigator for the Consumer Protection |
| |||||||
| |||||||
1 | Division of the office of
the Attorney General, a | ||||||
2 | prosecuting attorney, the Attorney General, a deputy
| ||||||
3 | Attorney General, or an investigator from the office of the | ||||||
4 | Attorney General,
who is engaged in any of the following | ||||||
5 | activities involving controlled
substances:
| ||||||
6 | (A) an investigation;
| ||||||
7 | (B) an adjudication; or
| ||||||
8 | (C) a prosecution
of a violation under any State or | ||||||
9 | federal law that involves a controlled
substance.
| ||||||
10 | (3) A law enforcement officer who is:
| ||||||
11 | (A) authorized by the Illinois State Police or the | ||||||
12 | office of a county sheriff or State's Attorney or
| ||||||
13 | municipal police department of Illinois to receive
| ||||||
14 | information
of the type requested for the purpose of | ||||||
15 | investigations involving controlled
substances; or
| ||||||
16 | (B) approved by the Department to receive | ||||||
17 | information of the
type requested for the purpose of | ||||||
18 | investigations involving controlled
substances; and
| ||||||
19 | (C) engaged in the investigation or prosecution of | ||||||
20 | a violation
under
any State or federal law that | ||||||
21 | involves a controlled substance.
| ||||||
22 | (e) Before the Department releases confidential | ||||||
23 | information under
subsection (d), the applicant must | ||||||
24 | demonstrate in writing to the Department that:
| ||||||
25 | (1) the applicant has reason to believe that a | ||||||
26 | violation under any
State or
federal law that involves a |
| |||||||
| |||||||
1 | controlled substance has occurred; and
| ||||||
2 | (2) the requested information is reasonably related to | ||||||
3 | the investigation,
adjudication, or prosecution of the | ||||||
4 | violation described in subdivision (1).
| ||||||
5 | (f) The Department may receive and release prescription | ||||||
6 | record information under Section 316 and former Section 321 to:
| ||||||
7 | (1) a governing
body that licenses practitioners;
| ||||||
8 | (2) an investigator for the Consumer Protection | ||||||
9 | Division of the office of
the Attorney General, a | ||||||
10 | prosecuting attorney, the Attorney General, a deputy
| ||||||
11 | Attorney General, or an investigator from the office of the | ||||||
12 | Attorney General;
| ||||||
13 | (3) any Illinois law enforcement officer who is:
| ||||||
14 | (A) authorized to receive the type of
information | ||||||
15 | released; and
| ||||||
16 | (B) approved by the Department to receive the type | ||||||
17 | of
information released; or
| ||||||
18 | (4) prescription monitoring entities in other states | ||||||
19 | per the provisions outlined in subsection (g) and (h) | ||||||
20 | below;
| ||||||
21 | confidential prescription record information collected under | ||||||
22 | Sections 316 and 321 (now repealed) that identifies vendors or
| ||||||
23 | practitioners, or both, who are prescribing or dispensing large | ||||||
24 | quantities of
Schedule II, III, IV, or V controlled
substances | ||||||
25 | outside the scope of their practice, pharmacy, or business, as | ||||||
26 | determined by the Advisory Committee created by Section 320.
|
| |||||||
| |||||||
1 | (g) The information described in subsection (f) may not be | ||||||
2 | released until it
has been reviewed by an employee of the | ||||||
3 | Department who is licensed as a
prescriber or a dispenser
and | ||||||
4 | until that employee has certified
that further investigation is | ||||||
5 | warranted. However, failure to comply with this
subsection (g) | ||||||
6 | does not invalidate the use of any evidence that is otherwise
| ||||||
7 | admissible in a proceeding described in subsection (h).
| ||||||
8 | (h) An investigator or a law enforcement officer receiving | ||||||
9 | confidential
information under subsection (c), (d), or (f) may | ||||||
10 | disclose the information to a
law enforcement officer or an | ||||||
11 | attorney for the office of the Attorney General
for use as | ||||||
12 | evidence in the following:
| ||||||
13 | (1) A proceeding under any State or federal law that | ||||||
14 | involves a
controlled substance.
| ||||||
15 | (2) A criminal proceeding or a proceeding in juvenile | ||||||
16 | court that involves
a controlled substance.
| ||||||
17 | (i) The Department may compile statistical reports from the
| ||||||
18 | information described in subsection (a). The reports must not | ||||||
19 | include
information that identifies, by name, license or | ||||||
20 | address, any practitioner, dispenser, ultimate user, or other | ||||||
21 | person
administering a controlled substance.
| ||||||
22 | (j) Based upon federal, initial and maintenance funding, a | ||||||
23 | prescriber and dispenser inquiry system shall be developed to | ||||||
24 | assist the health care community in its goal of effective | ||||||
25 | clinical practice and to prevent patients from diverting or | ||||||
26 | abusing medications.
|
| |||||||
| |||||||
1 | (1) An inquirer shall have read-only access to a | ||||||
2 | stand-alone database which shall contain records for the | ||||||
3 | previous 12 months. | ||||||
4 | (2) Dispensers may, upon positive and secure | ||||||
5 | identification, make an inquiry on a patient or customer | ||||||
6 | solely for a medical purpose as delineated within the | ||||||
7 | federal HIPAA law. | ||||||
8 | (3) The Department shall provide a one-to-one secure | ||||||
9 | link and encrypted software necessary to establish the link | ||||||
10 | between an inquirer and the Department. Technical | ||||||
11 | assistance shall also be provided. | ||||||
12 | (4) Written inquiries are acceptable but must include | ||||||
13 | the fee and the requestor's Drug Enforcement | ||||||
14 | Administration license number and submitted upon the | ||||||
15 | requestor's business stationery. | ||||||
16 | (5) As directed by the Prescription Monitoring Program | ||||||
17 | Advisory Committee and the Clinical Director for the | ||||||
18 | Prescription Monitoring Program, aggregate data that does | ||||||
19 | not indicate any prescriber, practitioner, dispenser, or | ||||||
20 | patient may be used for clinical studies. | ||||||
21 | (6) Tracking analysis shall be established and used per | ||||||
22 | administrative rule. | ||||||
23 | (7) Nothing in this Act or Illinois law shall be | ||||||
24 | construed to require a prescriber or dispenser to make use | ||||||
25 | of this inquiry system.
| ||||||
26 | (8) If there is an adverse outcome because of a |
| |||||||
| |||||||
1 | prescriber or dispenser making an inquiry, which is | ||||||
2 | initiated in good faith, the prescriber or dispenser shall | ||||||
3 | be held harmless from any civil liability.
| ||||||
4 | (k) The Department shall establish, by rule, the process by | ||||||
5 | which to evaluate possible erroneous association of | ||||||
6 | prescriptions to any licensed prescriber or end user of the | ||||||
7 | Illinois Prescription Information Library (PIL). | ||||||
8 | (l) The Prescription Monitoring Program Advisory Committee | ||||||
9 | is authorized to evaluate the need for and method of | ||||||
10 | establishing a patient specific identifier. | ||||||
11 | (m) Patients who identify prescriptions attributed to them | ||||||
12 | that were not obtained by them shall be given access to their | ||||||
13 | personal prescription history pursuant to the validation | ||||||
14 | process as set forth by administrative rule. | ||||||
15 | (n) The Prescription Monitoring Program is authorized to | ||||||
16 | develop operational push reports to entities with compatible | ||||||
17 | electronic medical records. The process shall be covered within | ||||||
18 | administrative rule established by the Department. | ||||||
19 | (o) Hospital emergency departments and freestanding | ||||||
20 | healthcare facilities providing healthcare to walk-in patients | ||||||
21 | may obtain, for the purpose of improving patient care, a unique | ||||||
22 | identifier for each shift to utilize the PIL system. | ||||||
23 | (p) The Prescription Monitoring Program shall | ||||||
24 | automatically create a log-in to the inquiry system when a | ||||||
25 | prescriber or dispenser obtains or renews his or her controlled | ||||||
26 | substance license. The Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation must provide the Prescription | ||||||
2 | Monitoring Program with electronic access to the license | ||||||
3 | information of a prescriber or dispenser to facilitate the | ||||||
4 | creation of this profile. The Prescription Monitoring Program | ||||||
5 | shall send the prescriber or dispenser information regarding | ||||||
6 | the inquiry system, including instructions on how to log into | ||||||
7 | the system, instructions on how to use the system to promote | ||||||
8 | effective clinical practice, and opportunities for continuing | ||||||
9 | education for the prescribing of controlled substances. The | ||||||
10 | Prescription Monitoring Program shall also send to all enrolled | ||||||
11 | prescribers, dispensers, and designees information regarding | ||||||
12 | the unsolicited reports produced pursuant to Section 314.5 of | ||||||
13 | this Act. | ||||||
14 | (q) A prescriber or dispenser may authorize a designee to | ||||||
15 | consult the inquiry system established by the Department under | ||||||
16 | this subsection on his or her behalf, provided that all the | ||||||
17 | following conditions are met: | ||||||
18 | (1) the designee so authorized is employed by the same | ||||||
19 | hospital or health care system; is employed by the same | ||||||
20 | professional practice; or is under contract with such | ||||||
21 | practice, hospital, or health care system; | ||||||
22 | (2) the prescriber or dispenser takes reasonable steps | ||||||
23 | to ensure that such designee is sufficiently competent in | ||||||
24 | the use of the inquiry system; | ||||||
25 | (3) the prescriber or dispenser remains responsible | ||||||
26 | for ensuring that access to the inquiry system by the |
| |||||||
| |||||||
1 | designee is limited to authorized purposes and occurs in a | ||||||
2 | manner that protects the confidentiality of the | ||||||
3 | information obtained from the inquiry system, and remains | ||||||
4 | responsible for any breach of confidentiality; and | ||||||
5 | (4) the ultimate decision as to whether or not to | ||||||
6 | prescribe or dispense a controlled substance remains with | ||||||
7 | the prescriber or dispenser. | ||||||
8 | The Prescription Monitoring Program shall send to | ||||||
9 | registered designees information regarding the inquiry system, | ||||||
10 | including instructions on how to log onto the system. | ||||||
11 | (r) The Prescription Monitoring Program shall maintain an | ||||||
12 | Internet website in conjunction with its prescriber and | ||||||
13 | dispenser inquiry system. This website shall include, at a | ||||||
14 | minimum, the following information: | ||||||
15 | (1) current clinical guidelines developed by health | ||||||
16 | care professional organizations on the prescribing of | ||||||
17 | opioids or other controlled substances as determined by the | ||||||
18 | Advisory Committee; | ||||||
19 | (2) accredited continuing education programs related | ||||||
20 | to prescribing of controlled substances; | ||||||
21 | (3) programs or information developed by health care | ||||||
22 | professionals that may be used to assess patients or help | ||||||
23 | ensure compliance with prescriptions; | ||||||
24 | (4) updates from the Food and Drug Administration, the | ||||||
25 | Centers for Disease Control and Prevention, and other | ||||||
26 | public and private organizations which are relevant to |
| |||||||
| |||||||
1 | prescribing; | ||||||
2 | (5) relevant medical studies related to prescribing; | ||||||
3 | (6) other information regarding the prescription of | ||||||
4 | controlled substances; and | ||||||
5 | (7) information regarding prescription drug disposal | ||||||
6 | events, including take-back programs or other disposal | ||||||
7 | options or events. | ||||||
8 | The content of the Internet website shall be periodically | ||||||
9 | reviewed by the Prescription Monitoring Program Advisory | ||||||
10 | Committee as set forth in Section 320 and updated in accordance | ||||||
11 | with the recommendation of the advisory committee. | ||||||
12 | (s) The Prescription Monitoring Program shall regularly | ||||||
13 | send electronic updates to the registered users of the Program. | ||||||
14 | The Prescription Monitoring Program Advisory Committee shall | ||||||
15 | review any communications sent to registered users and also | ||||||
16 | make recommendations for communications as set forth in Section | ||||||
17 | 320. These updates shall include the following information: | ||||||
18 | (1) opportunities for accredited continuing education | ||||||
19 | programs related to prescribing of controlled substances; | ||||||
20 | (2) current clinical guidelines developed by health | ||||||
21 | care professional organizations on the prescribing of | ||||||
22 | opioids or other drugs as determined by the Advisory | ||||||
23 | Committee; | ||||||
24 | (3) programs or information developed by health care | ||||||
25 | professionals that may be used to assess patients or help | ||||||
26 | ensure compliance with prescriptions; |
| |||||||
| |||||||
1 | (4) updates from the Food and Drug Administration, the | ||||||
2 | Centers for Disease Control and Prevention, and other | ||||||
3 | public and private organizations which are relevant to | ||||||
4 | prescribing; | ||||||
5 | (5) relevant medical studies related to prescribing; | ||||||
6 | (6) other information regarding prescribing of | ||||||
7 | controlled substances; | ||||||
8 | (7) information regarding prescription drug disposal | ||||||
9 | events, including take-back programs or other disposal | ||||||
10 | options or events; and | ||||||
11 | (8) reminders that the Prescription Monitoring Program | ||||||
12 | is a useful clinical tool. | ||||||
13 | (Source: P.A. 97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
14 | (720 ILCS 570/319)
| ||||||
15 | Sec. 319. Rules. The Department shall must adopt rules | ||||||
16 | under the Illinois
Administrative
Procedure Act to
implement | ||||||
17 | Sections 316 through 321, including the following:
| ||||||
18 | (1) Information collection and retrieval procedures | ||||||
19 | for the central
repository, including the
controlled | ||||||
20 | substances to be included in
the program
required under | ||||||
21 | Section 316 and Section 321 (now repealed).
| ||||||
22 | (2) Design for the creation of the database required | ||||||
23 | under Section
317.
| ||||||
24 | (3) Requirements for the development and installation | ||||||
25 | of on-line
electronic access by the Department to |
| |||||||
| |||||||
1 | information collected by the
central repository.
| ||||||
2 | (Source: P.A. 97-334, eff. 1-1-12.)
| ||||||
3 | (720 ILCS 570/320)
| ||||||
4 | Sec. 320. Advisory committee.
| ||||||
5 | (a) There is created a Prescription Monitoring Program | ||||||
6 | Advisory Committee The Secretary of the Department of Human | ||||||
7 | Services must appoint an advisory committee to
assist the | ||||||
8 | Department of Human Services in implementing the Prescription | ||||||
9 | Monitoring Program controlled substance
prescription
| ||||||
10 | monitoring program created by this Article and to advise the | ||||||
11 | Department on the professional performance of prescribers and | ||||||
12 | dispensers and other matters germane to the advisory | ||||||
13 | committee's field of competence Section 316 and former Section | ||||||
14 | 321 of this Act.
The Advisory Committee consists of prescribers | ||||||
15 | and dispensers .
| ||||||
16 | (b) The Clinical Director of the Prescription Monitoring | ||||||
17 | Program shall appoint Secretary of the Department of Human | ||||||
18 | Services or his or her designee must determine the number of | ||||||
19 | members to
serve on the advisory committee. The advisory | ||||||
20 | committee shall be composed of prescribers and dispensers as | ||||||
21 | follows: 4 physicians licensed to practice medicine in all its | ||||||
22 | branches; one advanced practice nurse; one physician | ||||||
23 | assistant; one optometrist; one dentist; one podiatric | ||||||
24 | physician; and 3 pharmacists. The Clinical Director of the | ||||||
25 | Prescription Monitoring Program may appoint a representative |
| |||||||
| |||||||
1 | of an organization representing a profession required to be | ||||||
2 | appointed. The Clinical Director of the Prescription | ||||||
3 | Monitoring Program shall serve as the chair of the committee. | ||||||
4 | The Secretary must choose one of the members
of the advisory | ||||||
5 | committee to serve as chair of the committee.
| ||||||
6 | (c) The advisory committee may appoint its other officers | ||||||
7 | as it deems
appropriate.
| ||||||
8 | (d) The members of the advisory committee shall receive no | ||||||
9 | compensation for
their services as members of the advisory | ||||||
10 | committee but may be reimbursed for
their actual expenses | ||||||
11 | incurred in serving on the advisory committee.
| ||||||
12 | (e) The advisory committee shall: | ||||||
13 | (1) provide a uniform approach to reviewing this Act in | ||||||
14 | order to determine whether changes should be recommended to | ||||||
15 | the General Assembly ; . | ||||||
16 | (2) review current drug schedules in order to manage | ||||||
17 | changes to the administrative rules pertaining to the | ||||||
18 | utilization of this Act ; . | ||||||
19 | (3) review the following: current clinical guidelines | ||||||
20 | developed by health care professional organizations on the | ||||||
21 | prescribing of opioids or other controlled substances; | ||||||
22 | accredited continuing education programs related to | ||||||
23 | prescribing and dispensing; programs or information | ||||||
24 | developed by health care professional organizations that | ||||||
25 | may be used to assess patients or help ensure compliance | ||||||
26 | with prescriptions; updates from the Food and Drug |
| |||||||
| |||||||
1 | Administration, the Centers for Disease Control and | ||||||
2 | Prevention, and other public and private organizations | ||||||
3 | which are relevant to prescribing and dispensing; relevant | ||||||
4 | medical studies; and other publications which involve the | ||||||
5 | prescription of controlled substances; | ||||||
6 | (4) make recommendations for inclusion of these | ||||||
7 | materials or other studies which may be effective resources | ||||||
8 | for prescribers and dispensers on the Internet website of | ||||||
9 | the inquiry system established under Section 318; | ||||||
10 | (5) on at least a quarterly basis, review the content | ||||||
11 | of the Internet website of the inquiry system established | ||||||
12 | pursuant to Section 318 to ensure this Internet website has | ||||||
13 | the most current available information; | ||||||
14 | (6) on at least a quarterly basis, review opportunities | ||||||
15 | for federal grants and other forms of funding to support | ||||||
16 | projects which will increase the number of pilot programs | ||||||
17 | which integrate the inquiry system with electronic health | ||||||
18 | records; and | ||||||
19 | (7) on at least a quarterly basis, review communication | ||||||
20 | to be sent to all registered users of the inquiry system | ||||||
21 | established pursuant to Section 318, including | ||||||
22 | recommendations for relevant accredited continuing | ||||||
23 | education and information regarding prescribing and | ||||||
24 | dispensing. | ||||||
25 | (f) The Clinical Director of the Prescription Monitoring | ||||||
26 | Program shall select 5 members, 3 physicians and 2 pharmacists, |
| |||||||
| |||||||
1 | of the Prescription Monitoring Program Advisory Committee to | ||||||
2 | serve as members of the peer review subcommittee. The purpose | ||||||
3 | of the peer review subcommittee is to advise the Program on | ||||||
4 | matters germane to the advisory committee's field of | ||||||
5 | competence, establish a formal peer review of professional | ||||||
6 | performance of prescribers and dispensers, and develop | ||||||
7 | communications to transmit to prescribers and dispensers. The | ||||||
8 | deliberations, information, and communications of the peer | ||||||
9 | review subcommittee are privileged and confidential and shall | ||||||
10 | not be disclosed in any manner except in accordance with | ||||||
11 | current law. | ||||||
12 | (1) The peer review subcommittee shall periodically | ||||||
13 | review the data contained within the prescription | ||||||
14 | monitoring program to identify those prescribers or | ||||||
15 | dispensers who may be prescribing or dispensing outside the | ||||||
16 | currently accepted standards in the course of their | ||||||
17 | professional practice. | ||||||
18 | (2) The peer review subcommittee may identify | ||||||
19 | prescribers or dispensers who may be prescribing outside | ||||||
20 | the currently accepted medical standards in the course of | ||||||
21 | their professional practice and send the identified | ||||||
22 | prescriber or dispenser a request for information | ||||||
23 | regarding their prescribing or dispensing practices. This | ||||||
24 | request for information shall be sent via certified mail, | ||||||
25 | return receipt requested. A prescriber or dispenser shall | ||||||
26 | have 30 days to respond to the request for information. |
| |||||||
| |||||||
1 | (3) The peer review subcommittee shall refer a | ||||||
2 | prescriber or a dispenser to the Department of Financial | ||||||
3 | and Professional Regulation in the following situations: | ||||||
4 | (i) if a prescriber or dispenser does not respond | ||||||
5 | to three successive requests for information; | ||||||
6 | (ii) in the opinion of a majority of members of the | ||||||
7 | peer review subcommittee, the prescriber or dispenser | ||||||
8 | does not have a satisfactory explanation for the | ||||||
9 | practices identified by the peer review subcommittee | ||||||
10 | in its request for information; or | ||||||
11 | (iii) following communications with the peer | ||||||
12 | review subcommittee, the prescriber or dispenser does | ||||||
13 | not sufficiently rectify the practices identified in | ||||||
14 | the request for information in the opinion of a | ||||||
15 | majority of the members of the peer review | ||||||
16 | subcommittee. | ||||||
17 | (4) The Department of Financial and Professional | ||||||
18 | Regulation may initiate an investigation and discipline in | ||||||
19 | accordance with current laws and rules for any prescriber | ||||||
20 | or dispenser referred by the peer review subcommittee. | ||||||
21 | (5) The peer review subcommittee shall prepare an | ||||||
22 | annual report starting on July 1, 2017. This report shall | ||||||
23 | contain the following information: the number of times the | ||||||
24 | peer review subcommittee was convened; the number of | ||||||
25 | prescribers or dispensers who were reviewed by the peer | ||||||
26 | review committee; the number of requests for information |
| |||||||
| |||||||
1 | sent out by the peer review subcommittee; and the number of | ||||||
2 | prescribers or dispensers referred to the Department of | ||||||
3 | Financial and Professional Regulation. The annual report | ||||||
4 | shall be delivered electronically to the Department and to | ||||||
5 | the General Assembly. The report prepared by the peer | ||||||
6 | review subcommittee shall not identify any prescriber, | ||||||
7 | dispenser, or patient. | ||||||
8 | (Source: P.A. 97-334, eff. 1-1-12.)
| ||||||
9 | (720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
| ||||||
10 | Sec. 406. (a) It is unlawful for any person:
| ||||||
11 | (1) who is subject to Article III knowingly to | ||||||
12 | distribute or dispense
a controlled substance in violation | ||||||
13 | of Sections 308 through 314.5 of this Act; or
| ||||||
14 | (2) who is a registrant, to manufacture a controlled | ||||||
15 | substance not
authorized by his or her registration, or to | ||||||
16 | distribute or dispense a controlled
substance not | ||||||
17 | authorized by his or her registration to another registrant | ||||||
18 | or other
authorized person; or
| ||||||
19 | (3) to refuse or fail to make, keep or furnish any | ||||||
20 | record, notification,
order form, statement, invoice or | ||||||
21 | information required under this Act; or
| ||||||
22 | (4) to refuse an entry into any premises for any | ||||||
23 | inspection authorized by
this Act; or
| ||||||
24 | (5) knowingly to keep or maintain any store, shop, | ||||||
25 | warehouse, dwelling,
building, vehicle, boat, aircraft, or |
| |||||||
| |||||||
1 | other structure or place, which is
resorted to by a person | ||||||
2 | unlawfully possessing controlled substances, or
which is | ||||||
3 | used for possessing, manufacturing, dispensing or | ||||||
4 | distributing
controlled substances in violation of this | ||||||
5 | Act.
| ||||||
6 | Any person who violates this subsection (a) is guilty of a | ||||||
7 | Class A
misdemeanor for the first offense and a Class 4 felony | ||||||
8 | for each subsequent
offense. The fine for each subsequent | ||||||
9 | offense shall not be more than
$100,000. In addition, any | ||||||
10 | practitioner who is found guilty of violating
this subsection | ||||||
11 | (a) is subject to suspension and revocation of his or her
| ||||||
12 | professional license, in accordance with such procedures as are | ||||||
13 | provided by
law for the taking of disciplinary action with | ||||||
14 | regard to the license of
said practitioner's profession.
| ||||||
15 | (b) It is unlawful for any person knowingly:
| ||||||
16 | (1) to distribute, as a registrant, a controlled | ||||||
17 | substance classified
in Schedule I or II, except pursuant | ||||||
18 | to an order form as required by Section
307 of this Act; or
| ||||||
19 | (2) to use, in the course of the manufacture or | ||||||
20 | distribution of a
controlled
substance, a registration | ||||||
21 | number which is fictitious, revoked, suspended,
or issued | ||||||
22 | to another person; or
| ||||||
23 | (3) to acquire or obtain , or attempt to acquire or | ||||||
24 | obtain, possession of a controlled substance by
| ||||||
25 | misrepresentation, fraud, forgery, deception or | ||||||
26 | subterfuge; or
|
| |||||||
| |||||||
1 | (3.1) to withhold information requested from a | ||||||
2 | practitioner, with the intent to obtain a controlled | ||||||
3 | substance that has not been prescribed, by | ||||||
4 | misrepresentation, fraud, forgery, deception, subterfuge, | ||||||
5 | or concealment of a material fact; or
| ||||||
6 | (4) to furnish false or fraudulent material | ||||||
7 | information in, or omit any
material information from, any | ||||||
8 | application, report or other document required
to be kept | ||||||
9 | or filed under this Act, or any record required to be kept | ||||||
10 | by
this Act; or
| ||||||
11 | (5) to make, distribute or possess any punch, die, | ||||||
12 | plate, stone or other
thing designed to print, imprint or | ||||||
13 | reproduce the trademark, trade name
or other identifying | ||||||
14 | mark, imprint or device of another, or any likeness
of any | ||||||
15 | of the foregoing, upon any controlled substance or | ||||||
16 | container or labeling
thereof so as to render the drug a | ||||||
17 | counterfeit substance; or
| ||||||
18 | (6) (blank); or
| ||||||
19 | (7) (blank).
| ||||||
20 | Any person who violates this subsection (b) is guilty of a | ||||||
21 | Class 4 felony
for the first offense and a Class 3 felony for | ||||||
22 | each subsequent offense.
The fine for the first offense shall | ||||||
23 | be not more than $100,000. The fine
for each subsequent offense | ||||||
24 | shall not be more than $200,000.
| ||||||
25 | (c) A person who knowingly or intentionally violates | ||||||
26 | Section 316, 317, 318,
or 319 is guilty of a Class A |
| |||||||
| |||||||
1 | misdemeanor.
| ||||||
2 | (Source: P.A. 97-334, eff. 1-1-12.)
| ||||||
3 | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| ||||||
4 | Sec. 410. (a) Whenever any person who has not previously | ||||||
5 | been convicted
of, or placed on probation or court supervision | ||||||
6 | for any offense under this
Act or any law of the United States | ||||||
7 | or of any State relating to cannabis
or controlled substances, | ||||||
8 | pleads guilty to or is found guilty of possession
of a | ||||||
9 | controlled or counterfeit substance under subsection (c) of | ||||||
10 | Section
402 or of unauthorized possession of prescription form | ||||||
11 | under Section 406.2, the court, without entering a judgment and | ||||||
12 | with the consent of such
person, may sentence him or her to | ||||||
13 | probation.
| ||||||
14 | (b) When a person is placed on probation, the court shall | ||||||
15 | enter an order
specifying a period of probation of 24 months | ||||||
16 | and shall defer further
proceedings in the case until the | ||||||
17 | conclusion of the period or until the
filing of a petition | ||||||
18 | alleging violation of a term or condition of probation.
| ||||||
19 | (c) The conditions of probation shall be that the person: | ||||||
20 | (1) not
violate any criminal statute of any jurisdiction; (2) | ||||||
21 | refrain from
possessing a firearm or other dangerous weapon; | ||||||
22 | (3) submit to periodic drug
testing at a time and in a manner | ||||||
23 | as ordered by the court, but no less than 3
times during the | ||||||
24 | period of the probation, with the cost of the testing to be
| ||||||
25 | paid by the probationer; and (4) perform no less than 30 hours |
| |||||||
| |||||||
1 | of community
service, provided community service is available | ||||||
2 | in the jurisdiction and is
funded
and approved by the county | ||||||
3 | board.
| ||||||
4 | (d) The court may, in addition to other conditions, require | ||||||
5 | that the person:
| ||||||
6 | (1) make a report to and appear in person before or | ||||||
7 | participate with the
court or such courts, person, or | ||||||
8 | social service agency as directed by the
court in the order | ||||||
9 | of probation;
| ||||||
10 | (2) pay a fine and costs;
| ||||||
11 | (3) work or pursue a course of study or vocational
| ||||||
12 | training;
| ||||||
13 | (4) undergo medical or psychiatric treatment; or | ||||||
14 | treatment or
rehabilitation approved by the Illinois | ||||||
15 | Department of Human Services;
| ||||||
16 | (5) attend or reside in a facility established for the | ||||||
17 | instruction or
residence of defendants on probation;
| ||||||
18 | (6) support his or her dependents;
| ||||||
19 | (6-5) refrain from having in his or her body the | ||||||
20 | presence of any illicit
drug prohibited by the Cannabis | ||||||
21 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
22 | Methamphetamine Control and Community Protection Act, | ||||||
23 | unless prescribed by a physician, and submit samples of
his | ||||||
24 | or her blood or urine or both for tests to determine the | ||||||
25 | presence of any
illicit drug;
| ||||||
26 | (7) and in addition, if a minor:
|
| |||||||
| |||||||
1 | (i) reside with his or her parents or in a foster | ||||||
2 | home;
| ||||||
3 | (ii) attend school;
| ||||||
4 | (iii) attend a non-residential program for youth;
| ||||||
5 | (iv) contribute to his or her own support at home | ||||||
6 | or in a foster home.
| ||||||
7 | (e) Upon violation of a term or condition of probation, the | ||||||
8 | court
may enter a judgment on its original finding of guilt and | ||||||
9 | proceed as
otherwise provided.
| ||||||
10 | (f) Upon fulfillment of the terms and conditions of | ||||||
11 | probation, the court
shall discharge the person and dismiss the | ||||||
12 | proceedings against him or her.
| ||||||
13 | (g) A disposition of probation is considered to be a | ||||||
14 | conviction
for the purposes of imposing the conditions of | ||||||
15 | probation and for appeal,
however, discharge and dismissal | ||||||
16 | under this Section is not a conviction for
purposes of this Act | ||||||
17 | or for purposes of disqualifications or disabilities
imposed by | ||||||
18 | law upon conviction of a crime.
| ||||||
19 | (h) There may be only one discharge and dismissal under | ||||||
20 | this Section,
Section 10 of the Cannabis Control Act, Section | ||||||
21 | 70 of the Methamphetamine Control and Community Protection Act, | ||||||
22 | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, | ||||||
23 | or subsection (c) of Section 11-14 of the Criminal Code of 1961 | ||||||
24 | or the Criminal Code of 2012 with respect to any person.
| ||||||
25 | (i) If a person is convicted of an offense under this Act, | ||||||
26 | the Cannabis
Control Act, or the Methamphetamine Control and |
| |||||||
| |||||||
1 | Community Protection Act within 5 years
subsequent to a | ||||||
2 | discharge and dismissal under this Section, the discharge and
| ||||||
3 | dismissal under this Section shall be admissible in the | ||||||
4 | sentencing proceeding
for that conviction
as evidence in | ||||||
5 | aggravation.
| ||||||
6 | (j) Notwithstanding subsection (a), before a person is | ||||||
7 | sentenced to probation under this Section, the court may refer | ||||||
8 | the person to the drug court established in that judicial | ||||||
9 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
10 | The drug court team shall evaluate the person's likelihood of | ||||||
11 | successfully completing a sentence of probation under this | ||||||
12 | Section and shall report the results of its evaluation to the | ||||||
13 | court. If the drug court team finds that the person suffers | ||||||
14 | from a substance abuse problem that makes him or her | ||||||
15 | substantially unlikely to successfully complete a sentence of | ||||||
16 | probation under this Section, then the drug court shall set | ||||||
17 | forth its findings in the form of a written order, and the | ||||||
18 | person shall not be sentenced to probation under this Section, | ||||||
19 | but may be considered for the drug court program. | ||||||
20 | (Source: P.A. 97-334, eff. 1-1-12; 97-1118, eff. 1-1-13; | ||||||
21 | 97-1150, eff. 1-25-13; 98-164, eff. 1-1-14.)
| ||||||
22 | Section 5-105. The Methamphetamine Control and Community | ||||||
23 | Protection Act is amended by changing Section 70 as follows: | ||||||
24 | (720 ILCS 646/70)
|
| |||||||
| |||||||
1 | Sec. 70. Probation. | ||||||
2 | (a) Whenever any person who has not previously been | ||||||
3 | convicted of, or placed on probation or court supervision for | ||||||
4 | any offense under this Act, the Illinois Controlled Substances | ||||||
5 | Act, the Cannabis Control Act, or any law of the United States | ||||||
6 | or of any state relating to cannabis or controlled substances, | ||||||
7 | pleads guilty to or is found guilty of possession of less than | ||||||
8 | 15 grams of methamphetamine under paragraph (1) or (2) of | ||||||
9 | subsection (b) of Section 60 of this Act, the court, without | ||||||
10 | entering a judgment and with the consent of the person, may | ||||||
11 | sentence him or her to probation.
| ||||||
12 | (b) When a person is placed on probation, the court shall | ||||||
13 | enter an order specifying a period of probation of 24 months | ||||||
14 | and shall defer further proceedings in the case until the | ||||||
15 | conclusion of the period or until the filing of a petition | ||||||
16 | alleging violation of a term or condition of probation.
| ||||||
17 | (c) The conditions of probation shall be that the person: | ||||||
18 | (1) not violate any criminal statute of any | ||||||
19 | jurisdiction; | ||||||
20 | (2) refrain from possessing a firearm or other | ||||||
21 | dangerous weapon; | ||||||
22 | (3) submit to periodic drug testing at a time and in a | ||||||
23 | manner as ordered by the court, but no less than 3 times | ||||||
24 | during the period of the probation, with the cost of the | ||||||
25 | testing to be paid by the probationer; and | ||||||
26 | (4) perform no less than 30 hours of community service, |
| |||||||
| |||||||
1 | if community service is available in the jurisdiction and | ||||||
2 | is funded and approved by the county board.
| ||||||
3 | (d) The court may, in addition to other conditions, require | ||||||
4 | that the person take one or more of the following actions:
| ||||||
5 | (1) make a report to and appear in person before or | ||||||
6 | participate with the court or such courts, person, or | ||||||
7 | social service agency as directed by the court in the order | ||||||
8 | of probation;
| ||||||
9 | (2) pay a fine and costs;
| ||||||
10 | (3) work or pursue a course of study or vocational | ||||||
11 | training;
| ||||||
12 | (4) undergo medical or psychiatric treatment; or | ||||||
13 | treatment or rehabilitation approved by the Illinois | ||||||
14 | Department of Human Services;
| ||||||
15 | (5) attend or reside in a facility established for the | ||||||
16 | instruction or residence of defendants on probation;
| ||||||
17 | (6) support his or her dependents;
| ||||||
18 | (7) refrain from having in his or her body the presence | ||||||
19 | of any illicit drug prohibited by this Act, the Cannabis | ||||||
20 | Control Act, or the Illinois Controlled Substances Act, | ||||||
21 | unless prescribed by a physician, and submit samples of his | ||||||
22 | or her blood or urine or both for tests to determine the | ||||||
23 | presence of any illicit drug; or
| ||||||
24 | (8) if a minor:
| ||||||
25 | (i) reside with his or her parents or in a foster | ||||||
26 | home;
|
| |||||||
| |||||||
1 | (ii) attend school;
| ||||||
2 | (iii) attend a non-residential program for youth; | ||||||
3 | or
| ||||||
4 | (iv) contribute to his or her own support at home | ||||||
5 | or in a foster home.
| ||||||
6 | (e) Upon violation of a term or condition of probation, the | ||||||
7 | court may enter a judgment on its original finding of guilt and | ||||||
8 | proceed as otherwise provided.
| ||||||
9 | (f) Upon fulfillment of the terms and conditions of | ||||||
10 | probation, the court shall discharge the person and dismiss the | ||||||
11 | proceedings against the person.
| ||||||
12 | (g) A disposition of probation is considered to be a | ||||||
13 | conviction for the purposes of imposing the conditions of | ||||||
14 | probation and for appeal, however, discharge and dismissal | ||||||
15 | under this Section is not a conviction for purposes of this Act | ||||||
16 | or for purposes of disqualifications or disabilities imposed by | ||||||
17 | law upon conviction of a crime.
| ||||||
18 | (h) There may be only one discharge and dismissal under | ||||||
19 | this Section, Section 410 of the Illinois Controlled Substances | ||||||
20 | Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or | ||||||
21 | 5-6-3.4 of the Unified Code of Corrections, or subsection (c) | ||||||
22 | of Section 11-14 of the Criminal Code of 1961 or the Criminal | ||||||
23 | Code of 2012 with respect to any person.
| ||||||
24 | (i) If a person is convicted of an offense under this Act, | ||||||
25 | the Cannabis Control Act, or the Illinois Controlled Substances | ||||||
26 | Act within 5 years subsequent to a discharge and dismissal |
| |||||||
| |||||||
1 | under this Section, the discharge and dismissal under this | ||||||
2 | Section are admissible in the sentencing proceeding for that | ||||||
3 | conviction as evidence in aggravation.
| ||||||
4 | (j) Notwithstanding subsection (a), before a person is | ||||||
5 | sentenced to probation under this Section, the court may refer | ||||||
6 | the person to the drug court established in that judicial | ||||||
7 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
8 | The drug court team shall evaluate the person's likelihood of | ||||||
9 | successfully completing a sentence of probation under this | ||||||
10 | Section and shall report the results of its evaluation to the | ||||||
11 | court. If the drug court team finds that the person suffers | ||||||
12 | from a substance abuse problem that makes him or her | ||||||
13 | substantially unlikely to successfully complete a sentence of | ||||||
14 | probation under this Section, then the drug court shall set | ||||||
15 | forth its findings in the form of a written order, and the | ||||||
16 | person shall not be sentenced to probation under this Section, | ||||||
17 | but may be considered for the drug court program. | ||||||
18 | (Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
19 | 98-164, eff. 1-1-14.) | ||||||
20 | Section 5-110. The Unified Code of Corrections is amended | ||||||
21 | by changing Sections 5-6-3.3, 5-6-3.4, 5-9-1.1, and 5-9-1.1-5 | ||||||
22 | as follows: | ||||||
23 | (730 ILCS 5/5-6-3.3) | ||||||
24 | Sec. 5-6-3.3. Offender Initiative Program. |
| |||||||
| |||||||
1 | (a) Statement of purpose. The General Assembly seeks to
| ||||||
2 | continue other successful programs that promote public safety,
| ||||||
3 | conserve valuable resources, and reduce recidivism by
| ||||||
4 | defendants who can lead productive lives by creating the
| ||||||
5 | Offender Initiative Program. | ||||||
6 | (a-1) Whenever any person who has not previously been
| ||||||
7 | convicted of, or placed on probation or conditional discharge
| ||||||
8 | for, any felony offense under the laws of this State, the laws
| ||||||
9 | of any other state, or the laws of the United States, is
| ||||||
10 | arrested for and charged with a probationable felony offense of | ||||||
11 | theft, retail theft, forgery, possession of a stolen motor
| ||||||
12 | vehicle, burglary, possession of burglary tools, possession of
| ||||||
13 | cannabis, possession of a controlled substance, or possession
| ||||||
14 | of methamphetamine, the court, with the consent of the
| ||||||
15 | defendant and the State's Attorney, may continue this matter to
| ||||||
16 | allow a defendant to participate and complete the Offender
| ||||||
17 | Initiative Program. | ||||||
18 | (a-2) Exemptions. A defendant shall not be eligible for | ||||||
19 | this Program if the offense he or she has been arrested for and | ||||||
20 | charged with is a violent offense. For purposes of this
| ||||||
21 | Program, a "violent offense" is any offense where bodily harm
| ||||||
22 | was inflicted or where force was used against any person or
| ||||||
23 | threatened against any person, any offense involving sexual
| ||||||
24 | conduct, sexual penetration, or sexual exploitation, any
| ||||||
25 | offense of domestic violence, domestic battery, violation of an
| ||||||
26 | order of protection, stalking, hate crime, driving under the
|
| |||||||
| |||||||
1 | influence of drugs or alcohol, and any offense involving the
| ||||||
2 | possession of a firearm or dangerous weapon. A defendant shall
| ||||||
3 | not be eligible for this Program if he or she has previously
| ||||||
4 | been adjudicated a delinquent minor for the commission of a
| ||||||
5 | violent offense as defined in this subsection. | ||||||
6 | (b) When a defendant is placed in the Program, after both | ||||||
7 | the defendant and State's Attorney waive preliminary hearing | ||||||
8 | pursuant to Section 109-3 of the Code of Criminal Procedure of | ||||||
9 | 1963, the court
shall enter an order specifying that
the | ||||||
10 | proceedings shall be suspended while the defendant is | ||||||
11 | participating in a Program of not less 12 months. | ||||||
12 | (c) The conditions of the Program shall be that the
| ||||||
13 | defendant: | ||||||
14 | (1) not violate any criminal statute of this State or
| ||||||
15 | any other jurisdiction; | ||||||
16 | (2) refrain from possessing a firearm or other
| ||||||
17 | dangerous weapon; | ||||||
18 | (3) make full restitution to the victim or property
| ||||||
19 | owner pursuant to Section 5-5-6 of this Code; | ||||||
20 | (4) obtain employment or perform not less than 30 hours
| ||||||
21 | of community service, provided community service is
| ||||||
22 | available in the county and is funded and approved by the
| ||||||
23 | county board; and | ||||||
24 | (5) attend educational courses designed to prepare the
| ||||||
25 | defendant for obtaining a high school diploma or to work
| ||||||
26 | toward passing high school equivalency testing or to work |
| |||||||
| |||||||
1 | toward
completing a vocational training program. | ||||||
2 | (d) The court may, in addition to other conditions, require
| ||||||
3 | that the defendant: | ||||||
4 | (1) undergo medical or psychiatric treatment, or
| ||||||
5 | treatment or rehabilitation approved by the Illinois
| ||||||
6 | Department of Human Services; | ||||||
7 | (2) refrain from having in his or her body the presence
| ||||||
8 | of any illicit drug prohibited by the Methamphetamine
| ||||||
9 | Control and Community Protection Act, the Cannabis Control
| ||||||
10 | Act or the Illinois Controlled Substances Act, unless
| ||||||
11 | prescribed by a physician, and submit samples of his or her
| ||||||
12 | blood or urine or both for tests to determine the presence
| ||||||
13 | of any illicit drug; | ||||||
14 | (3) submit to periodic drug testing at a time, manner, | ||||||
15 | and frequency as ordered by the court; | ||||||
16 | (4) pay fines, fees and costs; and | ||||||
17 | (5) in addition, if a minor: | ||||||
18 | (i) reside with his or her parents or in a foster
| ||||||
19 | home; | ||||||
20 | (ii) attend school; | ||||||
21 | (iii) attend a non-residential program for youth;
| ||||||
22 | or | ||||||
23 | (iv) contribute to his or her own support at home
| ||||||
24 | or in a foster home. | ||||||
25 | (e) When the State's Attorney makes a factually specific | ||||||
26 | offer of proof that the defendant has failed to successfully |
| |||||||
| |||||||
1 | complete the Program or has violated any of the conditions of | ||||||
2 | the Program, the court shall enter an order that the defendant | ||||||
3 | has not successfully completed the Program and continue the | ||||||
4 | case for arraignment pursuant to Section 113-1 of the Code of | ||||||
5 | Criminal Procedure of 1963 for further proceedings as if the | ||||||
6 | defendant had not participated in the Program. | ||||||
7 | (f) Upon fulfillment of the terms and conditions of the
| ||||||
8 | Program, the State's Attorney shall dismiss the case or the | ||||||
9 | court shall discharge the person and dismiss the
proceedings | ||||||
10 | against the person. | ||||||
11 | (g) There may be only one discharge and dismissal under
| ||||||
12 | this Section with respect to any person.
| ||||||
13 | (h) Notwithstanding subsection (a-1), if the court finds | ||||||
14 | that the defendant suffers from a substance abuse problem, then | ||||||
15 | before the person participates in the Program under this | ||||||
16 | Section, the court may refer the person to the drug court | ||||||
17 | established in that judicial circuit pursuant to Section 15 of | ||||||
18 | the Drug Court Treatment Act. The drug court team shall | ||||||
19 | evaluate the person's likelihood of successfully fulfilling | ||||||
20 | the terms and conditions of the Program under this Section and | ||||||
21 | shall report the results of its evaluation to the court. If the | ||||||
22 | drug court team finds that the person suffers from a substance | ||||||
23 | abuse problem that makes him or her substantially unlikely to | ||||||
24 | successfully fulfill the terms and conditions of the Program, | ||||||
25 | then the drug court shall set forth its findings in the form of | ||||||
26 | a written order, and the person shall be ineligible to |
| |||||||
| |||||||
1 | participate in the Program under this Section, but may be | ||||||
2 | considered for the drug court program. | ||||||
3 | (Source: P.A. 97-1118, eff. 1-1-13; 98-718, eff. 1-1-15 .) | ||||||
4 | (730 ILCS 5/5-6-3.4) | ||||||
5 | Sec. 5-6-3.4. Second Chance Probation. | ||||||
6 | (a) Whenever any person who has not previously been | ||||||
7 | convicted of, or placed on probation or conditional discharge | ||||||
8 | for, any felony offense under the laws of this State, the laws | ||||||
9 | of any other state, or the laws of the United States, including | ||||||
10 | probation under Section 410 of the Illinois Controlled | ||||||
11 | Substances Act, Section 70 of the Methamphetamine Control and | ||||||
12 | Community Protection Act, Section 10 of the Cannabis Control | ||||||
13 | Act, subsection (c) of Section 11-14 of the Criminal Code of | ||||||
14 | 2012, Treatment Alternatives for Criminal Justice Clients | ||||||
15 | (TASC) under Article 40 of the Alcoholism and Other Drug Abuse | ||||||
16 | and Dependency Act, or prior successful completion of the | ||||||
17 | Offender Initiative Program under Section 5-6-3.3 of this Code, | ||||||
18 | and pleads guilty to, or is found guilty of, a probationable | ||||||
19 | felony offense of possession of a controlled substance that is | ||||||
20 | punishable as a Class 4 felony; possession of
methamphetamine | ||||||
21 | that is punishable as a Class 4 felony; theft that is | ||||||
22 | punishable as a Class 3 felony based on the value of the | ||||||
23 | property or punishable as a Class 4 felony if the theft was | ||||||
24 | committed in a school or place of worship or if the theft was | ||||||
25 | of governmental property; retail
theft that is punishable as a |
| |||||||
| |||||||
1 | Class 3 felony based on the value of the property; criminal | ||||||
2 | damage to property that is punishable as a Class 4 felony; | ||||||
3 | criminal damage to
government supported property that is | ||||||
4 | punishable as a Class 4 felony; or possession of cannabis which | ||||||
5 | is punishable as a Class 4 felony, the court, with the consent | ||||||
6 | of the defendant and the State's Attorney, may, without | ||||||
7 | entering a judgment, sentence the defendant to probation under | ||||||
8 | this Section. | ||||||
9 | (a-1) Exemptions. A defendant is not eligible for this | ||||||
10 | probation if the offense he or she pleads guilty to, or is | ||||||
11 | found guilty of, is a violent offense, or he or she has | ||||||
12 | previously been convicted of a violent offense. For purposes of | ||||||
13 | this probation, a "violent offense" is any offense where bodily | ||||||
14 | harm was inflicted or where force was used against any person | ||||||
15 | or threatened against any person, any offense involving sexual | ||||||
16 | conduct, sexual penetration, or sexual exploitation, any | ||||||
17 | offense of domestic violence, domestic battery, violation of an | ||||||
18 | order of protection, stalking, hate crime, driving under the | ||||||
19 | influence of drugs or alcohol, and any offense involving the | ||||||
20 | possession of a firearm or dangerous weapon. A defendant shall | ||||||
21 | not be eligible for this probation if he or she has previously | ||||||
22 | been adjudicated a delinquent minor for the commission of a | ||||||
23 | violent offense as defined in this subsection. | ||||||
24 | (b) When a defendant is placed on probation, the court | ||||||
25 | shall enter an order specifying a period of probation of not | ||||||
26 | less than 24 months and shall defer further proceedings in the |
| |||||||
| |||||||
1 | case until the conclusion of the period or until the filing of | ||||||
2 | a petition alleging violation of a term or condition of | ||||||
3 | probation. | ||||||
4 | (c) The conditions of probation shall be that the | ||||||
5 | defendant: | ||||||
6 | (1) not violate any criminal statute of this State or | ||||||
7 | any other jurisdiction; | ||||||
8 | (2) refrain from possessing a firearm or other | ||||||
9 | dangerous weapon; | ||||||
10 | (3) make full restitution to the victim or property | ||||||
11 | owner under Section 5-5-6 of this Code; | ||||||
12 | (4) obtain or attempt to obtain employment; | ||||||
13 | (5) pay fines and costs; | ||||||
14 | (6) attend educational courses designed to prepare the | ||||||
15 | defendant for obtaining a high school diploma or to work | ||||||
16 | toward passing high school equivalency testing or to work | ||||||
17 | toward completing a vocational training program; | ||||||
18 | (7) submit to periodic drug testing at a time and in a | ||||||
19 | manner as ordered by the court, but no less than 3 times | ||||||
20 | during the period of probation, with the cost of the | ||||||
21 | testing to be paid by the defendant; and | ||||||
22 | (8) perform a minimum of 30 hours of community service. | ||||||
23 | (d) The court may, in addition to other conditions, require | ||||||
24 | that the defendant: | ||||||
25 | (1) make a report to and appear in person before or | ||||||
26 | participate with the court or such courts, person, or |
| |||||||
| |||||||
1 | social service agency as directed by the court in the order | ||||||
2 | of probation; | ||||||
3 | (2) undergo medical or psychiatric treatment, or | ||||||
4 | treatment or rehabilitation approved by the Illinois | ||||||
5 | Department of Human Services; | ||||||
6 | (3) attend or reside in a facility established for the | ||||||
7 | instruction or residence of defendants on probation; | ||||||
8 | (4) support his or her dependents; or | ||||||
9 | (5) refrain from having in his or her body the presence | ||||||
10 | of any illicit drug prohibited by the Methamphetamine | ||||||
11 | Control and Community Protection Act, the Cannabis Control | ||||||
12 | Act, or the Illinois Controlled Substances Act, unless | ||||||
13 | prescribed by a physician, and submit samples of his or her | ||||||
14 | blood or urine or both for tests to determine the presence | ||||||
15 | of any illicit drug. | ||||||
16 | (e) Upon violation of a term or condition of probation, the | ||||||
17 | court may enter a judgment on its original finding of guilt and | ||||||
18 | proceed as otherwise provided by law. | ||||||
19 | (f) Upon fulfillment of the terms and conditions of | ||||||
20 | probation, the court shall discharge the person and dismiss the | ||||||
21 | proceedings against the person. | ||||||
22 | (g) A disposition of probation is considered to be a | ||||||
23 | conviction for the purposes of imposing the conditions of | ||||||
24 | probation and for appeal; however, a discharge and dismissal | ||||||
25 | under this Section is not a conviction for purposes of this | ||||||
26 | Code or for purposes of disqualifications or disabilities |
| |||||||
| |||||||
1 | imposed by law upon conviction of a crime. | ||||||
2 | (h) There may be only one discharge and dismissal under | ||||||
3 | this Section, Section 410 of the Illinois Controlled Substances | ||||||
4 | Act, Section 70 of the Methamphetamine Control and Community | ||||||
5 | Protection Act, Section 10 of the Cannabis Control Act, | ||||||
6 | Treatment Alternatives for Criminal Justice Clients (TASC) | ||||||
7 | under Article 40 of the Alcoholism and Other Drug Abuse and | ||||||
8 | Dependency Act, the Offender Initiative Program under Section | ||||||
9 | 5-6-3.3 of this Code, and subsection (c) of Section 11-14 of | ||||||
10 | the Criminal Code of 2012 with respect to any person. | ||||||
11 | (i) If a person is convicted of any offense which occurred | ||||||
12 | within 5 years subsequent to a discharge and dismissal under | ||||||
13 | this Section, the discharge and dismissal under this Section | ||||||
14 | shall be admissible in the sentencing proceeding for that | ||||||
15 | conviction as evidence in aggravation.
| ||||||
16 | (j) Notwithstanding subsection (a), if the court finds that | ||||||
17 | the defendant suffers from a substance abuse problem, then | ||||||
18 | before the person is placed on probation under this Section, | ||||||
19 | the court may refer the person to the drug court established in | ||||||
20 | that judicial circuit pursuant to Section 15 of the Drug Court | ||||||
21 | Treatment Act. The drug court team shall evaluate the person's | ||||||
22 | likelihood of successfully fulfilling the terms and conditions | ||||||
23 | of probation under this Section and shall report the results of | ||||||
24 | its evaluation to the court. If the drug court team finds that | ||||||
25 | the person suffers from a substance abuse problem that makes | ||||||
26 | him or her substantially unlikely to successfully fulfill the |
| |||||||
| |||||||
1 | terms and conditions of probation under this Section, then the | ||||||
2 | drug court shall set forth its findings in the form of a | ||||||
3 | written order, and the person shall be ineligible to be placed | ||||||
4 | on probation under this Section, but may be considered for the | ||||||
5 | drug court program. | ||||||
6 | (Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15 .) | ||||||
7 | (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1) | ||||||
8 | (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234, | ||||||
9 | 97-545, and 98-537) | ||||||
10 | Sec. 5-9-1.1. Drug related offenses. | ||||||
11 | (a) When a person has been adjudged guilty of a drug | ||||||
12 | related
offense involving possession or delivery of cannabis or | ||||||
13 | possession or delivery
of a controlled substance, other than | ||||||
14 | methamphetamine, as defined in the Cannabis Control Act, as | ||||||
15 | amended,
or the Illinois Controlled Substances Act, as amended, | ||||||
16 | in addition to any
other penalty imposed, a fine shall be | ||||||
17 | levied by the court at not less than
the full street value of | ||||||
18 | the cannabis or controlled substances seized. | ||||||
19 | "Street value" shall be determined by the court on the | ||||||
20 | basis of testimony
of law enforcement personnel and the | ||||||
21 | defendant as to the amount seized and
such testimony as may be | ||||||
22 | required by the court as to the current street
value of the | ||||||
23 | cannabis or controlled substance seized. | ||||||
24 | (b) In addition to any penalty imposed under subsection (a) | ||||||
25 | of this
Section, a fine of
$100 shall be levied by the court, |
| |||||||
| |||||||
1 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
2 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
3 | Clerks of Courts Act
for deposit into the Trauma
Center Fund | ||||||
4 | for distribution as provided under Section 3.225 of the | ||||||
5 | Emergency
Medical Services (EMS) Systems Act. | ||||||
6 | (c) In addition to any penalty imposed under subsection (a) | ||||||
7 | of this
Section, a fee of $5 shall be assessed by the court, | ||||||
8 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
9 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
10 | Clerks of Courts Act for deposit into the Spinal Cord
Injury | ||||||
11 | Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||||||
12 | shall not be considered a part of the fine for
purposes of any | ||||||
13 | reduction in the fine for time served either before or after
| ||||||
14 | sentencing. | ||||||
15 | (d) In addition to any penalty imposed under subsection (a) | ||||||
16 | of this
Section for a drug related
offense involving possession | ||||||
17 | or delivery
of cannabis or possession or delivery of a | ||||||
18 | controlled substance as defined in the Cannabis Control Act, | ||||||
19 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
20 | Control and Community Protection Act, a fee of $50 shall be | ||||||
21 | assessed by the court, the proceeds of which
shall be collected | ||||||
22 | by the Circuit Clerk and remitted to the State Treasurer
under | ||||||
23 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
24 | Performance-enhancing Substance Testing Fund.
This additional | ||||||
25 | fee of $50 shall not be considered a part of the fine for
| ||||||
26 | purposes of any reduction in the fine for time served either |
| |||||||
| |||||||
1 | before or after
sentencing. The provisions of this subsection | ||||||
2 | (d), other than this sentence, are inoperative after June 30, | ||||||
3 | 2011. | ||||||
4 | (e) In addition to any penalty imposed under subsection (a) | ||||||
5 | of this
Section, a $25 assessment shall be assessed by the | ||||||
6 | court, the proceeds of which
shall be collected by the Circuit | ||||||
7 | Clerk and remitted to the State Treasurer for deposit into the | ||||||
8 | Criminal Justice Information Projects Fund. The moneys | ||||||
9 | deposited into the Criminal Justice Information Projects Fund | ||||||
10 | under this Section shall be appropriated to and administered by | ||||||
11 | the Illinois Criminal Justice Information Authority for | ||||||
12 | funding of drug task forces and Metropolitan Enforcement | ||||||
13 | Groups. | ||||||
14 | (f) In addition to any penalty imposed under subsection (a) | ||||||
15 | of this
Section, a $40 $20 assessment shall be assessed by the | ||||||
16 | court, the proceeds of which
shall be collected by the Circuit | ||||||
17 | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | ||||||
18 | the State Treasurer for deposit into the Prescription Pill and | ||||||
19 | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | ||||||
20 | the Criminal Justice Information Projects Fund, for use by the | ||||||
21 | Illinois Criminal Justice Information Authority for the costs | ||||||
22 | associated with making grants from the Prescription Pill and | ||||||
23 | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | ||||||
24 | for deposit into the Circuit Court Clerk Operation and | ||||||
25 | Administrative Fund for the costs associated with | ||||||
26 | administering this subsection. |
| |||||||
| |||||||
1 | (Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13.) | ||||||
2 | (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234, | ||||||
3 | 97-545, and 98-537) | ||||||
4 | Sec. 5-9-1.1. Drug related offenses. | ||||||
5 | (a) When a person has been adjudged guilty of a drug | ||||||
6 | related
offense involving possession or delivery of cannabis or | ||||||
7 | possession or delivery
of a controlled substance as defined in | ||||||
8 | the Cannabis Control Act, the Illinois Controlled Substances | ||||||
9 | Act, or the Methamphetamine Control and Community Protection | ||||||
10 | Act, in addition to any
other penalty imposed, a fine shall be | ||||||
11 | levied by the court at not less than
the full street value of | ||||||
12 | the cannabis or controlled substances seized. | ||||||
13 | "Street value" shall be determined by the court on the | ||||||
14 | basis of testimony
of law enforcement personnel and the | ||||||
15 | defendant as to the amount seized and
such testimony as may be | ||||||
16 | required by the court as to the current street
value of the | ||||||
17 | cannabis or controlled substance seized. | ||||||
18 | (b) In addition to any penalty imposed under subsection (a) | ||||||
19 | of this
Section, a fine of $100 shall be levied by the court, | ||||||
20 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
21 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
22 | Clerks of Courts Act for deposit into the Trauma
Center Fund | ||||||
23 | for distribution as provided under Section 3.225 of the | ||||||
24 | Emergency
Medical Services (EMS) Systems Act. | ||||||
25 | (c) In addition to any penalty imposed under subsection (a) |
| |||||||
| |||||||
1 | of this
Section, a fee of $5 shall be assessed by the court, | ||||||
2 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
3 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
4 | Clerks of Courts Act for deposit into the Spinal Cord
Injury | ||||||
5 | Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||||||
6 | shall not be considered a part of the fine for
purposes of any | ||||||
7 | reduction in the fine for time served either before or after
| ||||||
8 | sentencing. | ||||||
9 | (d) In addition to any penalty imposed under subsection (a) | ||||||
10 | of this
Section for a drug related
offense involving possession | ||||||
11 | or delivery
of cannabis or possession or delivery of a | ||||||
12 | controlled substance as defined in the Cannabis Control Act, | ||||||
13 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
14 | Control and Community Protection Act, a fee of $50 shall be | ||||||
15 | assessed by the court, the proceeds of which
shall be collected | ||||||
16 | by the Circuit Clerk and remitted to the State Treasurer
under | ||||||
17 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
18 | Performance-enhancing Substance Testing Fund.
This additional | ||||||
19 | fee of $50 shall not be considered a part of the fine for
| ||||||
20 | purposes of any reduction in the fine for time served either | ||||||
21 | before or after
sentencing. The provisions of this subsection | ||||||
22 | (d), other than this sentence, are inoperative after June 30, | ||||||
23 | 2011. | ||||||
24 | (e) In addition to any penalty imposed under subsection (a) | ||||||
25 | of this
Section, a $25 assessment shall be assessed by the | ||||||
26 | court, the proceeds of which
shall be collected by the Circuit |
| |||||||
| |||||||
1 | Clerk and remitted to the State Treasurer for deposit into the | ||||||
2 | Criminal Justice Information Projects Fund. The moneys | ||||||
3 | deposited into the Criminal Justice Information Projects Fund | ||||||
4 | under this Section shall be appropriated to and administered by | ||||||
5 | the Illinois Criminal Justice Information Authority for | ||||||
6 | funding of drug task forces and Metropolitan Enforcement | ||||||
7 | Groups. | ||||||
8 | (f) In addition to any penalty imposed under subsection (a) | ||||||
9 | of this
Section, a $40 $20 assessment shall be assessed by the | ||||||
10 | court, the proceeds of which
shall be collected by the Circuit | ||||||
11 | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | ||||||
12 | the State Treasurer for deposit into the Prescription Pill and | ||||||
13 | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | ||||||
14 | the Criminal Justice Information Projects Fund, for use by the | ||||||
15 | Illinois Criminal Justice Information Authority for the costs | ||||||
16 | associated with making grants from the Prescription Pill and | ||||||
17 | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | ||||||
18 | for deposit into the Circuit Court Clerk Operation and | ||||||
19 | Administrative Fund for the costs associated with | ||||||
20 | administering this subsection. | ||||||
21 | (Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13 .) | ||||||
22 | (730 ILCS 5/5-9-1.1-5) | ||||||
23 | Sec. 5-9-1.1-5. Methamphetamine related offenses. | ||||||
24 | (a) When a person has been adjudged guilty of a | ||||||
25 | methamphetamine related
offense involving possession or |
| |||||||
| |||||||
1 | delivery of methamphetamine or any salt of an optical isomer of | ||||||
2 | methamphetamine or possession of a methamphetamine | ||||||
3 | manufacturing material as set forth in Section 10 of the | ||||||
4 | Methamphetamine Control and Community Protection Act with the | ||||||
5 | intent to manufacture a substance containing methamphetamine | ||||||
6 | or salt of an optical isomer of methamphetamine, in addition to | ||||||
7 | any
other penalty imposed, a fine shall be levied by the court | ||||||
8 | at not less than
the full street value of the methamphetamine | ||||||
9 | or salt of an optical isomer of methamphetamine or | ||||||
10 | methamphetamine manufacturing materials seized. | ||||||
11 | "Street value" shall be determined by the court on the | ||||||
12 | basis of testimony
of law enforcement personnel and the | ||||||
13 | defendant as to the amount seized and
such testimony as may be | ||||||
14 | required by the court as to the current street
value of the | ||||||
15 | methamphetamine or salt of an optical isomer of methamphetamine | ||||||
16 | or methamphetamine manufacturing materials seized. | ||||||
17 | (b) In addition to any penalty imposed under subsection (a) | ||||||
18 | of this
Section, a fine of
$100 shall be levied by the court, | ||||||
19 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
20 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
21 | Clerks of Courts Act
for deposit into the Methamphetamine Law | ||||||
22 | Enforcement Fund and allocated as provided in subsection (d) of | ||||||
23 | Section 5-9-1.2.
| ||||||
24 | (c) In addition to any penalty imposed under subsection (a) | ||||||
25 | of this
Section, a $25 assessment shall be assessed by the | ||||||
26 | court, the proceeds of which
shall be collected by the Circuit |
| |||||||
| |||||||
1 | Clerk and remitted to the State Treasurer for deposit into the | ||||||
2 | Criminal Justice Information Projects Fund. The moneys | ||||||
3 | deposited into the Criminal Justice Information Projects Fund | ||||||
4 | under this Section shall be appropriated to and administered by | ||||||
5 | the Illinois Criminal Justice Information Authority for | ||||||
6 | funding of drug task forces and Metropolitan Enforcement | ||||||
7 | Groups. | ||||||
8 | (d) In addition to any penalty imposed under subsection (a) | ||||||
9 | of this
Section, a $40 $20 assessment shall be assessed by the | ||||||
10 | court, the proceeds of which
shall be collected by the Circuit | ||||||
11 | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | ||||||
12 | the State Treasurer for deposit into the Prescription Pill and | ||||||
13 | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | ||||||
14 | the Criminal Justice Information Projects Fund, for use by the | ||||||
15 | Illinois Criminal Justice Information Authority for the costs | ||||||
16 | associated with making grants from the Prescription Pill and | ||||||
17 | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | ||||||
18 | for deposit into the Circuit Court Clerk Operation and | ||||||
19 | Administrative Fund for the costs associated with | ||||||
20 | administering this subsection. | ||||||
21 | (Source: P.A. 97-545, eff. 1-1-12; 98-537, eff. 8-23-13.) | ||||||
22 | Section 5-115. The Drug Court Treatment Act is amended by | ||||||
23 | changing Section 20 and by adding Sections 45 and 50 as | ||||||
24 | follows:
|
| |||||||
| |||||||
1 | (730 ILCS 166/20)
| ||||||
2 | Sec. 20. Eligibility.
| ||||||
3 | (a) A defendant may be admitted into a drug court program | ||||||
4 | only upon the
agreement of the prosecutor and the defendant and | ||||||
5 | with the approval of the
court.
| ||||||
6 | (b) A defendant shall be excluded from a drug court program | ||||||
7 | if any of one of
the following apply:
| ||||||
8 | (1) The crime is a crime of violence as set forth in | ||||||
9 | clause (4) of this
subsection (b).
| ||||||
10 | (2) The defendant denies his or her use of or addiction | ||||||
11 | to drugs.
| ||||||
12 | (3) The defendant does not demonstrate a willingness to | ||||||
13 | participate in
a treatment program.
| ||||||
14 | (4) The defendant has been convicted of a crime of | ||||||
15 | violence within the
past
10 years excluding incarceration | ||||||
16 | time . As used in this Section, "crime of violence" means , | ||||||
17 | including but not limited to : first
degree murder, second | ||||||
18 | degree murder, predatory criminal sexual assault of a
| ||||||
19 | child, aggravated criminal sexual assault, criminal sexual | ||||||
20 | assault, armed
robbery, aggravated arson, arson, | ||||||
21 | aggravated kidnaping, kidnaping, aggravated
battery | ||||||
22 | resulting in great bodily harm or permanent disability, | ||||||
23 | stalking,
aggravated stalking, or any offense
involving | ||||||
24 | the discharge of a firearm.
| ||||||
25 | (c) Notwithstanding subsection (a), the defendant may be | ||||||
26 | admitted into a drug court program only upon the agreement of |
| |||||||
| |||||||
1 | the prosecutor if: | ||||||
2 | (1) the defendant is charged with a Class 2 or greater | ||||||
3 | felony violation of: | ||||||
4 | (A) Section 401, 401.1, 405, or 405.2 of the | ||||||
5 | Illinois Controlled Substances Act; | ||||||
6 | (B) Section 5, 5.1, or 5.2 of the Cannabis Control | ||||||
7 | Act; | ||||||
8 | (C) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, | ||||||
9 | or 65 of the Methamphetamine Control and Community | ||||||
10 | Protection Act; or | ||||||
11 | (2) the defendant has previously, on 3 or more | ||||||
12 | occasions, either completed a drug court program, been | ||||||
13 | discharged from a drug court program, or been terminated | ||||||
14 | from a drug court program.
| ||||||
15 | (5) The defendant has previously completed or has been | ||||||
16 | discharged from a
drug court program.
| ||||||
17 | (Source: P.A. 92-58, eff. 1-1-02.)
| ||||||
18 | (730 ILCS 166/45 new) | ||||||
19 | Sec. 45. Education seminars for drug court prosecutors. | ||||||
20 | Subject to appropriation, the Office of the State's Attorneys | ||||||
21 | Appellate Prosecutor shall conduct mandatory education | ||||||
22 | seminars on the subjects of substance abuse and addiction for | ||||||
23 | all drug court prosecutors throughout the State. | ||||||
24 | (730 ILCS 166/50 new) |
| |||||||
| |||||||
1 | Sec. 50. Education seminars for public defenders. Subject | ||||||
2 | to appropriation, the Office of the State Appellate Defender | ||||||
3 | shall conduct mandatory education seminars on the subjects of | ||||||
4 | substance abuse and addiction for all public defenders and | ||||||
5 | assistant public defenders practicing in drug courts | ||||||
6 | throughout the State. | ||||||
7 | Section 5-120. The Veterans and Servicemembers Court
| ||||||
8 | Treatment Act is amended by changing Section 20 as follows: | ||||||
9 | (730 ILCS 167/20)
| ||||||
10 | Sec. 20. Eligibility. Veterans and Servicemembers are | ||||||
11 | eligible for Veterans and
Servicemembers Courts, provided the | ||||||
12 | following:
| ||||||
13 | (a) A defendant, who is eligible for probation based on the | ||||||
14 | nature of the crime convicted of and in consideration of his or | ||||||
15 | her criminal background, if any, may be admitted into a | ||||||
16 | Veterans and Servicemembers Court program
only upon the | ||||||
17 | agreement of the prosecutor and the defendant and with the | ||||||
18 | approval of the Court.
| ||||||
19 | (b) A defendant shall be excluded from Veterans and | ||||||
20 | Servicemembers Court program if
any of one of the following | ||||||
21 | applies:
| ||||||
22 | (1) The crime is a crime of violence as set forth in | ||||||
23 | clause (3) of this subsection (b). | ||||||
24 | (2) The defendant does not demonstrate a willingness to |
| |||||||
| |||||||
1 | participate in a treatment
program.
| ||||||
2 | (3) The defendant has been convicted of a crime of | ||||||
3 | violence within the past 10
years excluding incarceration | ||||||
4 | time . As used in this Section, "crime of violence" means , | ||||||
5 | including but not limited to : first degree murder,
second | ||||||
6 | degree murder, predatory criminal sexual assault of a | ||||||
7 | child, aggravated criminal
sexual assault, criminal sexual | ||||||
8 | assault, armed robbery, aggravated arson, arson,
| ||||||
9 | aggravated kidnapping and kidnapping, aggravated battery | ||||||
10 | resulting in great bodily harm
or permanent disability, | ||||||
11 | stalking, aggravated stalking, or any offense involving | ||||||
12 | the
discharge of a firearm or where occurred serious bodily | ||||||
13 | injury or death to any person. | ||||||
14 | (4) (Blank).
| ||||||
15 | (5) The crime for which the defendant has been | ||||||
16 | convicted is non-probationable. | ||||||
17 | (6) The sentence imposed on the defendant, whether the | ||||||
18 | result of a plea or a finding of guilt, renders the | ||||||
19 | defendant ineligible for probation.
| ||||||
20 | (Source: P.A. 97-946, eff. 8-13-12; 98-152, eff. 1-1-14.) | ||||||
21 | Section 5-125. The Good Samaritan Act is amended by adding | ||||||
22 | Section 36 and by changing Section 70 as follows: | ||||||
23 | (745 ILCS 49/36 new) | ||||||
24 | Sec. 36. Pharmacists; exemptions from civil liability for |
| |||||||
| |||||||
1 | the dispensing of an opioid antagonist to individuals who may | ||||||
2 | or may not be at risk for an opioid overdose. Any person | ||||||
3 | licensed as a pharmacist in Illinois or any other state or | ||||||
4 | territory of the United States who in good faith dispenses or | ||||||
5 | administers an opioid antagonist as defined in Section 5-23 of | ||||||
6 | the Alcoholism and Other Drug Abuse and Dependency Act in | ||||||
7 | compliance with the procedures or protocols developed under | ||||||
8 | Section 19.1 of the Pharmacy Practice Act, or the standing | ||||||
9 | order of any person licensed under the Medical Practice Act of | ||||||
10 | 1987, without fee or compensation in any way, shall not, as a | ||||||
11 | result of her or his acts or omissions, except for willful or | ||||||
12 | wanton misconduct on the part of the person, in dispensing the | ||||||
13 | drug or administering the drug, be liable for civil damages.
| ||||||
14 | (745 ILCS 49/70)
| ||||||
15 | Sec. 70. Law enforcement officers, firemen, Emergency | ||||||
16 | Medical Technicians (EMTs) and First Responders; exemption | ||||||
17 | from
civil liability for emergency care.
Any law enforcement | ||||||
18 | officer or fireman as defined in Section 2 of the
Line of Duty | ||||||
19 | Compensation Act, any "emergency medical technician (EMT)" as | ||||||
20 | defined in Section 3.50 of the Emergency Medical Services (EMS) | ||||||
21 | Systems Act, and any "first responder" as defined in Section | ||||||
22 | 3.60 of the Emergency Medical Services (EMS) Systems Act,
who | ||||||
23 | in good faith
provides emergency care , including the | ||||||
24 | administration of an opioid antagonist as defined in Section | ||||||
25 | 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act, |
| |||||||
| |||||||
1 | without fee or compensation to any person shall not, as a | ||||||
2 | result of
his or her acts or omissions, except willful and | ||||||
3 | wanton misconduct on the
part of
the person, in providing the | ||||||
4 | care, be liable to a person to whom such
care is provided for | ||||||
5 | civil damages.
| ||||||
6 | (Source: P.A. 93-1047, eff. 10-18-04; 94-826, eff. 1-1-07.)
| ||||||
7 | Section 999. Effective date. This Act takes effect upon | ||||||
8 | becoming law. |