Illinois General Assembly - Full Text of SB3822
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Full Text of SB3822  102nd General Assembly

SB3822 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3822

 

Introduced 1/21/2022, by Sen. Win Stoller

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends and repeals various Acts by abolishing various State governmental entities to effect changes in the statutes to conform the statutes to the changes in law made by Executive Order 2018-11 and by making other conforming changes. Excludes changes made by the Executive Order to the Equity in Long-term Care Quality Act. Effective immediately.


LRB102 22344 RLC 31481 b

 

 

A BILL FOR

 

SB3822LRB102 22344 RLC 31481 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act effects the changes in the statutes
5that are necessary to conform the statutes to the changes in
6law made by Executive Order 2018-11 other than changes to the
7Equity in Long-term Care Quality Act. Any transitional matter
8concerning an entity abolished in this Act that has not been
9completed on the effective date of this Act shall be completed
10in accordance with Sections II and IV of Executive Order
112018-11.
 
12    Section 5. The State Agency Web Site Act is amended by
13changing Section 10 as follows:
 
14    (5 ILCS 177/10)
15    Sec. 10. Cookies and other invasive tracking programs.
16    (a) Except as otherwise provided in subsection (b), State
17agency Web sites may not use permanent cookies or any other
18invasive tracking programs that monitor and track Web site
19viewing habits; however, a State agency Web site may use
20transactional cookies that facilitate business transactions.
21    (b) Permanent cookies used by State agency Web sites may
22be exempt from the prohibition in subsection (a) if they meet

 

 

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1the following criteria:
2        (1) The use of permanent cookies adds value to the
3    user otherwise not available;
4        (2) The permanent cookies are not used to monitor and
5    track web site viewing habits unless all types of
6    information collected and the State's use of that
7    information add user value and are disclosed through a
8    comprehensive online privacy statement.
9The Internet Privacy Task Force established under Section 15
10shall define the exemption and limitations of this subsection
11(b) in practice.
12(Source: P.A. 93-117, eff. 1-1-04.)
 
13    (5 ILCS 177/15 rep.)
14    Section 10. The State Agency Web Site Act is amended by
15repealing Section 15.
 
16    Section 15. The Department of Commerce and Economic
17Opportunity Law of the Civil Administrative Code of Illinois
18is amended by changing Section 605-300 as follows:
 
19    (20 ILCS 605/605-300)  (was 20 ILCS 605/46.2)
20    Sec. 605-300. Economic and business development plans;
21Illinois Business Development Council. (a) Economic
22development plans. The Department shall develop a strategic
23economic development plan for the State by July 1, 2014. By no

 

 

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1later than July 1, 2015, and by July 1 annually thereafter, the
2Department shall make modifications to the plan as
3modifications are warranted by changes in economic conditions
4or by other factors, including changes in policy. In addition
5to the annual modification, the plan shall be reviewed and
6redeveloped in full every 5 years. In the development of the
7annual economic development plan, the Department shall consult
8with representatives of the private sector, other State
9agencies, academic institutions, local economic development
10organizations, local governments, and not-for-profit
11organizations. The annual economic development plan shall set
12specific, measurable, attainable, relevant, and time-sensitive
13goals and shall include a focus on areas of high unemployment
14or poverty.
15    The term "economic development" shall be construed broadly
16by the Department and may include, but is not limited to, job
17creation, job retention, tax base enhancements, development of
18human capital, workforce productivity, critical
19infrastructure, regional competitiveness, social inclusion,
20standard of living, environmental sustainability, energy
21independence, quality of life, the effective use of financial
22incentives, the utilization of public private partnerships
23where appropriate, and other metrics determined by the
24Department.
25    The plan shall be based on relevant economic data, focus
26on economic development as prescribed by this Section, and

 

 

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1emphasize strategies to retain and create jobs.
2    The plan shall identify and develop specific strategies
3for utilizing the assets of regions within the State defined
4as counties and municipalities or other political subdivisions
5in close geographical proximity that share common economic
6traits such as commuting zones, labor market areas, or other
7economically integrated characteristics.
8    If the plan includes strategies that have a fiscal impact
9on the Department or any other agency, the plan shall include a
10detailed description of the estimated fiscal impact of such
11strategies.
12    Prior to publishing the plan in its final form, the
13Department shall allow for a reasonable time for public input.
14    The Department shall transmit copies of the economic
15development plan to the Governor and the General Assembly no
16later than July 1, 2014, and by July 1 annually thereafter. The
17plan and its corresponding modifications shall be published
18and made available to the public in both paper and electronic
19media, on the Department's website, and by any other method
20that the Department deems appropriate.
21    The Department shall annually submit legislation to
22implement the strategic economic development plan or
23modifications to the strategic economic development plan to
24the Governor, the President and Minority Leader of the Senate,
25and the Speaker and the Minority Leader of the House of
26Representatives. The legislation shall be in the form of one

 

 

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1or more substantive bills drafted by the Legislative Reference
2Bureau.
3    (b) Business development plans; Illinois Business
4Development Council.
5        (1) There is created the Illinois Business Development
6    Council, hereinafter referred to as the Council. The
7    Council shall consist of the Director, who shall serve as
8    co-chairperson, and 12 voting members who shall be
9    appointed by the Governor with the advice and consent of
10    the Senate.
11            (A) The voting members of the Council shall
12        include one representative from each of the following
13        businesses and groups: small business, coal,
14        healthcare, large manufacturing, small or specialized
15        manufacturing, agriculture, high technology or applied
16        science, local economic development entities, private
17        sector organized labor, a local or state business
18        association or chamber of commerce.
19            (B) There shall be 2 at-large voting members who
20        reside within areas of high unemployment within
21        counties or municipalities that have had an annual
22        average unemployment rate of at least 120% of the
23        State's annual average unemployment rate as reported
24        by the Department of Employment Security for the 5
25        years preceding the date of appointment.
26        (2) All appointments shall be made in a geographically

 

 

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1    diverse manner.
2        (3) For the initial appointments to the Council, 6
3    voting members shall be appointed to serve a 2-year term
4    and 6 voting members shall be appointed to serve a 4-year
5    term. Thereafter, all appointments shall be for terms of 4
6    years. The initial term of voting members shall commence
7    on the first Wednesday in February 2014. Thereafter, the
8    terms of voting members shall commence on the first
9    Wednesday in February, except in the case of an
10    appointment to fill a vacancy. Vacancies occurring among
11    the members shall be filled in the same manner as the
12    original appointment for the remainder of the unexpired
13    term. For a vacancy occurring when the Senate is not in
14    session, the Governor may make a temporary appointment
15    until the next meeting of the Senate when a person shall be
16    nominated to fill the office, and, upon confirmation by
17    the Senate, he or she shall hold office during the
18    remainder of the term. A vacancy in membership does not
19    impair the ability of a quorum to exercise all rights and
20    perform all duties of the Council. A member is eligible
21    for reappointment.
22        (4) Members shall serve without compensation, but may
23    be reimbursed for necessary expenses incurred in the
24    performance of their duties from funds appropriated for
25    that purpose.
26        (5) In addition, the following shall serve as ex

 

 

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1    officio, non-voting members of the Council in order to
2    provide specialized advice and support to the Council: the
3    Secretary of Transportation, or his or her designee; the
4    Director of Employment Security, or his or her designee;
5    the Executive Director of the Illinois Finance Authority,
6    or his or her designee; the Director of Agriculture, or
7    his or her designee; the Director of Revenue, or his or her
8    designee; the Director of Labor, or his or her designee;
9    and the Director of the Environmental Protection Agency,
10    or his or her designee. Ex officio members shall provide
11    staff and technical assistance to the Council when
12    appropriate.
13        (6) In addition to the Director, the voting members
14    shall elect a co-chairperson.
15        (7) The Council shall meet at least twice annually and
16    at such other times as the co-chairpersons or any 5 voting
17    members consider necessary. Seven voting members shall
18    constitute a quorum of the Council.
19        (8) The Department shall provide staff assistance to
20    the Council.
21        (9) The Council shall provide the Department relevant
22    information in a timely manner pursuant to its duties as
23    enumerated in this Section that can be used by the
24    Department to enhance the State's strategic economic
25    development plan.
26        (10) The Council shall:

 

 

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1            (A) Develop an overall strategic business
2        development plan for the State of Illinois and update
3        the plan at least annually; that plan shall include,
4        without limitation, (i) an assessment of the economic
5        development practices of states that border Illinois
6        and (ii) recommendations for best practices with
7        respect to economic development, business incentives,
8        business attraction, and business retention for
9        counties in Illinois that border at least one other
10        state.
11            (B) Develop business marketing plans for the State
12        of Illinois to effectively solicit new company
13        investment and existing business expansion. Insofar as
14        allowed under the Illinois Procurement Code, and
15        subject to appropriations made by the General Assembly
16        for such purposes, the Council may assist the
17        Department in the procurement of outside vendors to
18        carry out such marketing plans.
19            (C) Seek input from local economic development
20        officials to develop specific strategies to
21        effectively link State and local business development
22        and marketing efforts focusing on areas of high
23        unemployment or poverty.
24            (D) Provide the Department with advice on
25        strategic business development and business marketing
26        for the State of Illinois.

 

 

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1            (E) Provide the Department research and recommend
2        best practices for developing investment tools for
3        business attraction and retention.
4(Source: P.A. 98-397, eff. 8-16-13; 98-756, eff. 7-16-14;
598-888, eff. 8-15-14.)
 
6    (20 ILCS 605/605-360 rep.)
7    (20 ILCS 605/605-425 rep.)
8    (20 ILCS 605/605-1000 rep.)
9    Section 20. The Department of Commerce and Economic
10Opportunity Law of the Civil Administrative Code of Illinois
11is amended by repealing Sections 605-360, 605-425, and
12605-1000.
 
13    Section 25. The Department of Public Health Powers and
14Duties Law of the Civil Administrative Code of Illinois is
15amended by changing Section 2310-376 as follows:
 
16    (20 ILCS 2310/2310-376)
17    Sec. 2310-376. Hepatitis education and outreach.
18    (a) The Illinois General Assembly finds and declares the
19following:
20        (1) The World Health Organization characterizes
21    hepatitis as a disease of primary concern to humanity.
22        (2) Hepatitis is considered a silent killer; no
23    recognizable signs or symptoms occur until severe liver

 

 

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1    damage has occurred.
2        (3) Studies indicate that nearly 4 million Americans
3    (1.8 percent of the population) carry the virus HCV that
4    causes the disease.
5        (4) 30,000 acute new infections occur each year in the
6    United States, and only 25 to 30 percent are diagnosed.
7        (5) 8,000 to 10,000 Americans die from the disease
8    each year.
9        (6) 200,000 Illinois residents may be carriers and
10    could develop the debilitating and potentially deadly
11    liver disease.
12        (7) Inmates of correctional facilities have a higher
13    incidence of hepatitis and, upon their release, present a
14    significant health risk to the general population.
15        (8) Illinois members of the armed services are subject
16    to an increased risk of contracting hepatitis due to their
17    possible receipt of contaminated blood during a
18    transfusion occurring for the treatment of wounds and due
19    to their service in areas of the World where the disease is
20    more prevalent and healthcare is less capable of detecting
21    and treating the disease. Many of these service members
22    are unaware of the danger of hepatitis and their increased
23    risk of contracting the disease.
24    (b) Subject to appropriation, the Department shall conduct
25an education and outreach campaign, in addition to its overall
26effort to prevent infectious disease in Illinois, in order to

 

 

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1raise awareness about and promote prevention of hepatitis.
2    (c) Subject to appropriation, in addition to the education
3and outreach campaign provided in subsection (b), the
4Department shall develop and make available to physicians,
5other health care providers, members of the armed services,
6and other persons subject to an increased risk of contracting
7hepatitis, educational materials, in written and electronic
8forms, on the diagnosis, treatment, and prevention of the
9disease. These materials shall include the recommendations of
10the federal Centers for Disease Control and Prevention and any
11other persons or entities determined by the Department to have
12particular expertise on hepatitis, including the American
13Liver Foundation. These materials shall be written in terms
14that are understandable by members of the general public.
15    (d) The Department shall establish an Advisory Council on
16Hepatitis to develop a hepatitis prevention plan. The
17Department shall specify the membership, members' terms,
18provisions for removal of members, chairmen, and purpose of
19the Advisory Council. The Advisory Council shall consist of
20one representative from each of the following State agencies
21or offices, appointed by the head of each agency or office:
22        (1) The Department of Public Health.
23        (2) The Department of Public Aid.
24        (3) The Department of Corrections.
25        (4) The Department of Veterans' Affairs.
26        (5) The Department on Aging.

 

 

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1        (6) The Department of Human Services.
2        (7) The Illinois State Police.
3        (8) The office of the State Fire Marshal.
4    The Director shall appoint representatives of
5organizations and advocates in the State of Illinois,
6including, but not limited to, the American Liver Foundation.
7The Director shall also appoint interested members of the
8public, including consumers and providers of health services
9and representatives of local public health agencies, to
10provide recommendations and information to the members of the
11Advisory Council. Members of the Advisory Council shall serve
12on a voluntary, unpaid basis and are not entitled to
13reimbursement for mileage or other costs they incur in
14connection with performing their duties.
15(Source: P.A. 102-538, eff. 8-20-21.)
 
16    (20 ILCS 2310/2310-76 rep.)
17    (20 ILCS 2310/2310-77 rep.)
18    (20 ILCS 2310/2310-349 rep.)
19    (20 ILCS 2310/2310-560 rep.)
20    Section 30. The Department of Public Health Powers and
21Duties Law of the Civil Administrative Code of Illinois is
22amended by repealing Sections 2310-76, 2310-77, 2310-349, and
232310-560.
 
24    Section 35. The Comprehensive Healthcare Workforce

 

 

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1Planning Act is amended by changing Sections 5, 10, and 20 as
2follows:
 
3    (20 ILCS 2325/5)
4    Sec. 5. Definition Definitions. As used in this Act, :
5"Council" means the State Healthcare Workforce Council created
6by this Act. "Department" means the Department of Public
7Health.
8(Source: P.A. 97-424, eff. 7-1-12.)
 
9    (20 ILCS 2325/10)
10    Sec. 10. Purpose. Implementation of this Act is entirely
11subject to the availability and appropriation of funds from
12federal grant money applied for by the Department of Public
13Health. The State Healthcare Workforce Council is hereby
14established to provide an ongoing assessment of healthcare
15workforce trends, training issues, and financing policies, and
16to recommend appropriate State government and private sector
17efforts to address identified needs. The work of the Council
18shall focus on: healthcare workforce supply and distribution;
19cultural competence and minority participation in health
20professions education; primary care training and practice; and
21data evaluation and analysis. The Council shall work in
22coordination with the State Health Improvement Plan
23Implementation Coordination Council to ensure alignment with
24the State Health Improvement Plan.

 

 

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1(Source: P.A. 97-424, eff. 7-1-12.)
 
2    (20 ILCS 2325/20)
3    Sec. 20. Five-year comprehensive healthcare workforce
4plan.
5    (a) Every 5 years, the Department, in cooperation with the
6Council, shall prepare a comprehensive healthcare workforce
7plan.
8    (b) The comprehensive healthcare workforce plan shall
9include, but need not be limited to, the following:
10        (1) 25-year projections of the demand and supply of
11    health professionals to meet the needs of healthcare
12    within the State.
13        (2) The identification of all funding sources for
14    which the State has administrative control that are
15    available for health professions training.
16        (3) Recommendations on how to rationalize and
17    coordinate the State-supported programs for health
18    professions training.
19        (4) Recommendations on actions needed to meet the
20    projected demand for health professionals over the 25
21    years of the plan.
22    (c) Each year in which a comprehensive healthcare
23workforce plan is not due, the Department, on behalf of the
24Council, shall prepare a report by July 1 of that year to the
25Governor and the General Assembly on the progress made toward

 

 

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1achieving the projected goals of the current comprehensive
2healthcare workforce plan during the previous calendar year.
3    (d) The Department shall provide staffing to the Council.
4(Source: P.A. 97-424, eff. 7-1-12.)
 
5    (20 ILCS 2325/15 rep.)
6    (20 ILCS 2325/25 rep.)
7    Section 37. The Comprehensive Healthcare Workforce
8Planning Act is amended by repealing Sections 15 and 25.
 
9    (20 ILCS 2407/Art. 2 rep.)
10    Section 39. The Disabilities Services Act of 2003 is
11amended by repealing Article 2.
 
12    Section 40. The Disabilities Services Act of 2003 is
13amended by changing Section 53 as follows:
 
14    (20 ILCS 2407/53)
15    Sec. 53. Rebalancing benchmarks.
16    (a) Illinois' long-term care system is in a state of
17transformation, as evidenced by the creation and subsequent
18work products of the Disability Services Advisory Committee,
19Older Adult Services Advisory Committee, Housing Task Force
20and other executive and legislative branch initiatives.
21    (b) Illinois' Money Follows the Person demonstration
22approval capitalizes on this progress and commits the State to

 

 

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1transition approximately 3,357 older persons and persons with
2developmental, physical or psychiatric disabilities from
3institutional to home and community-based settings, resulting
4in an increased percentage of long-term care community
5spending over the next 5 years.
6    (c) The State will endeavor to increase the percentage of
7community-based long-term care spending over the next 5 years
8according to the following timeline:
9        Estimated baseline: 28.5%
10        Year 1: 30%
11        Year 2: 31%
12        Year 3: 32%
13        Year 4: 35%
14        Year 5: 37%
15    (d) The Departments will utilize interagency agreements
16and will seek legislative authority to implement a Money
17Follows the Person budgetary mechanism to allocate or
18reallocate funds for the purpose of expanding the
19availability, quality or stability of home and community-based
20long-term care services and supports for persons with
21disabilities.
22    (e) The allocation of public funds for home and
23community-based long-term care services shall not have the
24effect of: (i) diminishing or reducing the quality of services
25available to residents of long-term care facilities; (ii)
26forcing any residents of long-term care facilities to

 

 

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1involuntarily accept home and community-based long-term care
2services, or causing any residents of long-term care
3facilities to be involuntarily transferred or discharged;
4(iii) causing reductions in long-term care facility
5reimbursement rates in effect as of July 1, 2008; or (iv)
6diminishing access to a full array of long-term care options.
7(Source: P.A. 95-438, eff. 1-1-08.)
 
8    Section 43. The Nuclear Safety Law of 2004 is amended by
9changing Section 10 as follows:
 
10    (20 ILCS 3310/10)
11    Sec. 10. Nuclear and radioactive materials disposal. The
12Illinois Emergency Management Agency shall formulate a
13comprehensive plan regarding disposal of nuclear and
14radioactive materials in this State. The Illinois Emergency
15Management Agency shall establish minimum standards for
16disposal sites, shall evaluate and publicize potential effects
17on the public health and safety, and shall report to the
18Governor and General Assembly all violations of the adopted
19standards. In carrying out this function, the Illinois
20Emergency Management Agency shall work in cooperation with the
21Radiation Protection Advisory Council.
22(Source: P.A. 93-1029, eff. 8-25-04.)
 
23    (20 ILCS 3950/Act rep.)

 

 

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1    Section 45. The Governor's Council on Health and Physical
2Fitness Act is repealed.
 
3    (20 ILCS 4024/Act rep.)
4    Section 50. The Interstate Sex Offender Task Force Act is
5repealed.
 
6    Section 60. The Eliminate the Digital Divide Law is
7amended by changing Section 5-30 as follows:
 
8    (30 ILCS 780/5-30)
9    Sec. 5-30. Community Technology Center Grant Program.
10    (a) Subject to appropriation, the Department shall
11administer the Community Technology Center Grant Program under
12which the Department shall make grants in accordance with this
13Article for planning, establishment, administration, and
14expansion of Community Technology Centers and for assisting
15public hospitals, libraries, and park districts in eliminating
16the digital divide. The purposes of the grants shall include,
17but not be limited to, volunteer recruitment and management,
18training and instruction, infrastructure, and related goods
19and services, including case management, administration,
20personal information management, and outcome-tracking tools
21and software for the purposes of reporting to the Department
22and for enabling participation in digital government and
23consumer services programs, for Community Technology Centers

 

 

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1and public hospitals, libraries, and park districts. No
2Community Technology Center may receive a grant of more than
3$75,000 under this Section in a particular fiscal year.
4    (b) Public hospitals, libraries, park districts, and State
5educational agencies, local educational agencies, institutions
6of higher education, senior citizen homes, and other public
7and private nonprofit or for-profit agencies and organizations
8are eligible to receive grants under this Program, provided
9that a local educational agency or public or private
10educational agency or organization must, in order to be
11eligible to receive grants under this Program, provide
12computer access and educational services using information
13technology to the public at one or more of its educational
14buildings or facilities at least 12 hours each week. A group of
15eligible entities is also eligible to receive a grant if the
16group follows the procedures for group applications in 34 CFR
1775.127-129 of the Education Department General Administrative
18Regulations.
19    To be eligible to apply for a grant, a Community
20Technology Center must serve a community in which not less
21than 40% of the students are eligible for a free or reduced
22price lunch under the national school lunch program or in
23which not less than 30% of the students are eligible for a free
24lunch under the national school lunch program; however, if
25funding is insufficient to approve all grant applications for
26a particular fiscal year, the Department may impose a higher

 

 

SB3822- 20 -LRB102 22344 RLC 31481 b

1minimum percentage threshold for that fiscal year.
2Determinations of communities and determinations of the
3percentage of students in a community who are eligible for a
4free or reduced price lunch under the national school lunch
5program shall be in accordance with rules adopted by the
6Department.
7    Any entities that have received a Community Technology
8Center grant under the federal Community Technology Centers
9Program are also eligible to apply for grants under this
10Program.
11    The Department shall provide assistance to Community
12Technology Centers in making those determinations for purposes
13of applying for grants.
14    The Department shall encourage Community Technology
15Centers to participate in public and private computer hardware
16equipment recycling initiatives that provide computers at
17reduced or no cost to low-income families, including programs
18authorized by the State Property Control Act. On an annual
19basis, the Department must provide the Director of Central
20Management Services with a list of Community Technology
21Centers that have applied to the Department for funding as
22potential recipients of surplus State-owned computer hardware
23equipment under programs authorized by the State Property
24Control Act.
25    (c) Grant applications shall be submitted to the
26Department on a schedule of one or more deadlines established

 

 

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1by the Department by rule.
2    (d) The Department shall adopt rules setting forth the
3required form and contents of grant applications.
4    (e) There is created the Digital Divide Elimination
5Advisory Committee. The advisory committee shall consist of 7
6members appointed one each by the Governor, the President of
7the Senate, the Senate Minority Leader, the Speaker of the
8House, and the House Minority Leader, and 2 appointed by the
9Director of Commerce and Economic Opportunity, one of whom
10shall be a representative of the telecommunications industry
11and one of whom shall represent community technology centers.
12The members of the advisory committee shall receive no
13compensation for their services as members of the advisory
14committee but may be reimbursed for their actual expenses
15incurred in serving on the advisory committee. The Digital
16Divide Elimination Advisory Committee shall advise the
17Department in establishing criteria and priorities for
18identifying recipients of grants under this Act. The advisory
19committee shall obtain advice from the technology industry
20regarding current technological standards. The advisory
21committee shall seek any available federal funding.
22    (f) There is created the Digital Divide Elimination
23Working Group. The Working Group shall consist of the Director
24of Commerce and Economic Opportunity, or his or her designee,
25the Director of Central Management Services, or his or her
26designee, and the Executive Director of the Illinois Commerce

 

 

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1Commission, or his or her designee. The Director of Commerce
2and Economic Opportunity, or his or her designee, shall serve
3as chair of the Working Group. The Working Group shall consult
4with the members of the Digital Divide Elimination Advisory
5Committee and may consult with various groups including, but
6not limited to, telecommunications providers,
7telecommunications-related technology producers and service
8providers, community technology providers, community and
9consumer organizations, businesses and business organizations,
10and federal government agencies.
11    (g) Duties of the Digital Divide Elimination Working Group
12include all of the following:
13        (1) Undertaking a thorough review of grant programs
14    available through the federal government, local agencies,
15    telecommunications providers, and business and charitable
16    entities for the purpose of identifying appropriate
17    sources of revenues for the Digital Divide Elimination
18    Fund and attempting to update available grants on a
19    regular basis.
20        (2) Researching and cataloging programs designed to
21    advance digital literacy and computer access that are
22    available through the federal government, local agencies,
23    telecommunications providers, and business and charitable
24    entities and attempting to update available programs on a
25    regular basis.
26        (3) Presenting the information compiled from items (1)

 

 

SB3822- 23 -LRB102 22344 RLC 31481 b

1    and (2) to the Department of Commerce and Economic
2    Opportunity, which shall serve as a single point of
3    contact for applying for funding for the Digital Divide
4    Elimination Fund and for distributing information to the
5    public regarding all programs designed to advance digital
6    literacy and computer access.
7(Source: P.A. 94-734, eff. 4-28-06; 95-740, eff. 1-1-09.)
 
8    (210 ILCS 25/Art. V rep.)
9    Section 65. The Illinois Clinical Laboratory and Blood
10Bank Act is amended by repealing Article V.
 
11    Section 70. The Hospital Report Card Act is amended by
12changing Section 25 as follows:
 
13    (210 ILCS 86/25)
14    (Text of Section before amendment by P.A. 102-256)
15    Sec. 25. Hospital reports.
16    (a) Individual hospitals shall prepare a quarterly report
17including all of the following:
18        (1) Nursing hours per patient day, average daily
19    census, and average daily hours worked for each clinical
20    service area.
21        (2) Infection-related measures for the facility for
22    the specific clinical procedures and devices determined by
23    the Department by rule under 2 or more of the following

 

 

SB3822- 24 -LRB102 22344 RLC 31481 b

1    categories:
2            (A) Surgical procedure outcome measures.
3            (B) Surgical procedure infection control process
4        measures.
5            (C) Outcome or process measures related to
6        ventilator-associated pneumonia.
7            (D) Central vascular catheter-related bloodstream
8        infection rates in designated critical care units.
9        (3) Information required under paragraph (4) of
10    Section 2310-312 of the Department of Public Health Powers
11    and Duties Law of the Civil Administrative Code of
12    Illinois.
13        (4) Additional infection measures mandated by the
14    Centers for Medicare and Medicaid Services that are
15    reported by hospitals to the Centers for Disease Control
16    and Prevention's National Healthcare Safety Network
17    surveillance system, or its successor, and deemed relevant
18    to patient safety by the Department.
19        (5) Each instance of preterm birth and infant
20    mortality within the reporting period, including the
21    racial and ethnic information of the mothers of those
22    infants.
23        (6) Each instance of maternal mortality within the
24    reporting period, including the racial and ethnic
25    information of those mothers.
26    The infection-related measures developed by the Department

 

 

SB3822- 25 -LRB102 22344 RLC 31481 b

1shall be based upon measures and methods developed by the
2Centers for Disease Control and Prevention, the Centers for
3Medicare and Medicaid Services, the Agency for Healthcare
4Research and Quality, the Joint Commission on Accreditation of
5Healthcare Organizations, or the National Quality Forum. The
6Department may align the infection-related measures with the
7measures and methods developed by the Centers for Disease
8Control and Prevention, the Centers for Medicare and Medicaid
9Services, the Agency for Healthcare Research and Quality, the
10Joint Commission on Accreditation of Healthcare Organizations,
11and the National Quality Forum by adding reporting measures
12based on national health care strategies and measures deemed
13scientifically reliable and valid for public reporting. The
14Department shall receive approval from the State Board of
15Health to retire measures deemed no longer scientifically
16valid or valuable for informing quality improvement or
17infection prevention efforts. The Department shall notify the
18Chairs and Minority Spokespersons of the House Human Services
19Committee and the Senate Public Health Committee of its intent
20to have the State Board of Health take action to retire
21measures no later than 7 business days before the meeting of
22the State Board of Health.
23    The Department shall include interpretive guidelines for
24infection-related indicators and, when available, shall
25include relevant benchmark information published by national
26organizations.

 

 

SB3822- 26 -LRB102 22344 RLC 31481 b

1    The Department shall collect the information reported
2under paragraphs (5) and (6) and shall use it to illustrate the
3disparity of those occurrences across different racial and
4ethnic groups.
5    (b) Individual hospitals shall prepare annual reports
6including vacancy and turnover rates for licensed nurses per
7clinical service area.
8    (c) None of the information the Department discloses to
9the public may be made available in any form or fashion unless
10the information has been reviewed, adjusted, and validated
11according to the following process:
12        (1) The Department shall organize an advisory
13    committee, including representatives from the Department,
14    public and private hospitals, direct care nursing staff,
15    physicians, academic researchers, consumers, health
16    insurance companies, organized labor, and organizations
17    representing hospitals and physicians. The advisory
18    committee must be meaningfully involved in the development
19    of all aspects of the Department's methodology for
20    collecting, analyzing, and disclosing the information
21    collected under this Act, including collection methods,
22    formatting, and methods and means for release and
23    dissemination.
24        (2) The entire methodology for collecting and
25    analyzing the data shall be disclosed to all relevant
26    organizations and to all hospitals that are the subject of

 

 

SB3822- 27 -LRB102 22344 RLC 31481 b

1    any information to be made available to the public before
2    any public disclosure of such information.
3        (3) Data collection and analytical methodologies shall
4    be used that meet accepted standards of validity and
5    reliability before any information is made available to
6    the public.
7        (4) The limitations of the data sources and analytic
8    methodologies used to develop comparative hospital
9    information shall be clearly identified and acknowledged,
10    including but not limited to the appropriate and
11    inappropriate uses of the data.
12        (5) To the greatest extent possible, comparative
13    hospital information initiatives shall use standard-based
14    norms derived from widely accepted provider-developed
15    practice guidelines.
16        (6) Comparative hospital information and other
17    information that the Department has compiled regarding
18    hospitals shall be shared with the hospitals under review
19    prior to public dissemination of such information and
20    these hospitals have 30 days to make corrections and to
21    add helpful explanatory comments about the information
22    before the publication.
23        (7) Comparisons among hospitals shall adjust for
24    patient case mix and other relevant risk factors and
25    control for provider peer groups, when appropriate.
26        (8) Effective safeguards to protect against the

 

 

SB3822- 28 -LRB102 22344 RLC 31481 b

1    unauthorized use or disclosure of hospital information
2    shall be developed and implemented.
3        (9) Effective safeguards to protect against the
4    dissemination of inconsistent, incomplete, invalid,
5    inaccurate, or subjective hospital data shall be developed
6    and implemented.
7        (10) The quality and accuracy of hospital information
8    reported under this Act and its data collection, analysis,
9    and dissemination methodologies shall be evaluated
10    regularly.
11        (11) Only the most basic identifying information from
12    mandatory reports shall be used, and information
13    identifying a patient, employee, or licensed professional
14    shall not be released. None of the information the
15    Department discloses to the public under this Act may be
16    used to establish a standard of care in a private civil
17    action.
18    (d) Quarterly reports shall be submitted, in a format set
19forth in rules adopted by the Department, to the Department by
20April 30, July 31, October 31, and January 31 each year for the
21previous quarter. Data in quarterly reports must cover a
22period ending not earlier than one month prior to submission
23of the report. Annual reports shall be submitted by December
2431 in a format set forth in rules adopted by the Department to
25the Department. All reports shall be made available to the
26public on-site and through the Department.

 

 

SB3822- 29 -LRB102 22344 RLC 31481 b

1    (e) If the hospital is a division or subsidiary of another
2entity that owns or operates other hospitals or related
3organizations, the annual public disclosure report shall be
4for the specific division or subsidiary and not for the other
5entity.
6    (f) The Department shall disclose information under this
7Section in accordance with provisions for inspection and
8copying of public records required by the Freedom of
9Information Act provided that such information satisfies the
10provisions of subsection (c) of this Section.
11    (g) Notwithstanding any other provision of law, under no
12circumstances shall the Department disclose information
13obtained from a hospital that is confidential under Part 21 of
14Article VIII of the Code of Civil Procedure.
15    (h) No hospital report or Department disclosure may
16contain information identifying a patient, employee, or
17licensed professional.
18(Source: P.A. 101-446, eff. 8-23-19.)
 
19    (Text of Section after amendment by P.A. 102-256)
20    Sec. 25. Hospital reports.
21    (a) Individual hospitals shall prepare a quarterly report
22including all of the following:
23        (1) Nursing hours per patient day, average daily
24    census, and average daily hours worked for each clinical
25    service area.

 

 

SB3822- 30 -LRB102 22344 RLC 31481 b

1        (2) Infection-related measures for the facility for
2    the specific clinical procedures and devices determined by
3    the Department by rule under 2 or more of the following
4    categories:
5            (A) Surgical procedure outcome measures.
6            (B) Surgical procedure infection control process
7        measures.
8            (C) Outcome or process measures related to
9        ventilator-associated pneumonia.
10            (D) Central vascular catheter-related bloodstream
11        infection rates in designated critical care units.
12        (3) Information required under paragraph (4) of
13    Section 2310-312 of the Department of Public Health Powers
14    and Duties Law of the Civil Administrative Code of
15    Illinois.
16        (4) Additional infection measures mandated by the
17    Centers for Medicare and Medicaid Services that are
18    reported by hospitals to the Centers for Disease Control
19    and Prevention's National Healthcare Safety Network
20    surveillance system, or its successor, and deemed relevant
21    to patient safety by the Department.
22        (5) Each instance of preterm birth and infant
23    mortality within the reporting period, including the
24    racial and ethnic information of the mothers of those
25    infants.
26        (6) Each instance of maternal mortality within the

 

 

SB3822- 31 -LRB102 22344 RLC 31481 b

1    reporting period, including the racial and ethnic
2    information of those mothers.
3        (7) The number of female patients who have died within
4    the reporting period.
5        (8) The number of female patients admitted to the
6    hospital with a diagnosis of COVID-19 and at least one
7    known underlying condition identified by the United States
8    Centers for Disease Control and Prevention as a condition
9    that increases the risk of mortality from COVID-19 who
10    subsequently died at the hospital within the reporting
11    period.
12    The infection-related measures developed by the Department
13shall be based upon measures and methods developed by the
14Centers for Disease Control and Prevention, the Centers for
15Medicare and Medicaid Services, the Agency for Healthcare
16Research and Quality, the Joint Commission on Accreditation of
17Healthcare Organizations, or the National Quality Forum. The
18Department may align the infection-related measures with the
19measures and methods developed by the Centers for Disease
20Control and Prevention, the Centers for Medicare and Medicaid
21Services, the Agency for Healthcare Research and Quality, the
22Joint Commission on Accreditation of Healthcare Organizations,
23and the National Quality Forum by adding reporting measures
24based on national health care strategies and measures deemed
25scientifically reliable and valid for public reporting. The
26Department shall receive approval from the State Board of

 

 

SB3822- 32 -LRB102 22344 RLC 31481 b

1Health to retire measures deemed no longer scientifically
2valid or valuable for informing quality improvement or
3infection prevention efforts. The Department shall notify the
4Chairs and Minority Spokespersons of the House Human Services
5Committee and the Senate Public Health Committee of its intent
6to have the State Board of Health take action to retire
7measures no later than 7 business days before the meeting of
8the State Board of Health.
9    The Department shall include interpretive guidelines for
10infection-related indicators and, when available, shall
11include relevant benchmark information published by national
12organizations.
13    The Department shall collect the information reported
14under paragraphs (5) and (6) and shall use it to illustrate the
15disparity of those occurrences across different racial and
16ethnic groups.
17    (b) Individual hospitals shall prepare annual reports
18including vacancy and turnover rates for licensed nurses per
19clinical service area.
20    (c) None of the information the Department discloses to
21the public may be made available in any form or fashion unless
22the information has been reviewed, adjusted, and validated
23according to the following process:
24        (1) (Blank). The Department shall organize an advisory
25    committee, including representatives from the Department,
26    public and private hospitals, direct care nursing staff,

 

 

SB3822- 33 -LRB102 22344 RLC 31481 b

1    physicians, academic researchers, consumers, health
2    insurance companies, organized labor, and organizations
3    representing hospitals and physicians. The advisory
4    committee must be meaningfully involved in the development
5    of all aspects of the Department's methodology for
6    collecting, analyzing, and disclosing the information
7    collected under this Act, including collection methods,
8    formatting, and methods and means for release and
9    dissemination.
10        (2) The entire methodology for collecting and
11    analyzing the data shall be disclosed to all relevant
12    organizations and to all hospitals that are the subject of
13    any information to be made available to the public before
14    any public disclosure of such information.
15        (3) Data collection and analytical methodologies shall
16    be used that meet accepted standards of validity and
17    reliability before any information is made available to
18    the public.
19        (4) The limitations of the data sources and analytic
20    methodologies used to develop comparative hospital
21    information shall be clearly identified and acknowledged,
22    including but not limited to the appropriate and
23    inappropriate uses of the data.
24        (5) To the greatest extent possible, comparative
25    hospital information initiatives shall use standard-based
26    norms derived from widely accepted provider-developed

 

 

SB3822- 34 -LRB102 22344 RLC 31481 b

1    practice guidelines.
2        (6) Comparative hospital information and other
3    information that the Department has compiled regarding
4    hospitals shall be shared with the hospitals under review
5    prior to public dissemination of such information and
6    these hospitals have 30 days to make corrections and to
7    add helpful explanatory comments about the information
8    before the publication.
9        (7) Comparisons among hospitals shall adjust for
10    patient case mix and other relevant risk factors and
11    control for provider peer groups, when appropriate.
12        (8) Effective safeguards to protect against the
13    unauthorized use or disclosure of hospital information
14    shall be developed and implemented.
15        (9) Effective safeguards to protect against the
16    dissemination of inconsistent, incomplete, invalid,
17    inaccurate, or subjective hospital data shall be developed
18    and implemented.
19        (10) The quality and accuracy of hospital information
20    reported under this Act and its data collection, analysis,
21    and dissemination methodologies shall be evaluated
22    regularly.
23        (11) Only the most basic identifying information from
24    mandatory reports shall be used, and information
25    identifying a patient, employee, or licensed professional
26    shall not be released. None of the information the

 

 

SB3822- 35 -LRB102 22344 RLC 31481 b

1    Department discloses to the public under this Act may be
2    used to establish a standard of care in a private civil
3    action.
4    (d) Quarterly reports shall be submitted, in a format set
5forth in rules adopted by the Department, to the Department by
6April 30, July 31, October 31, and January 31 each year for the
7previous quarter. Data in quarterly reports must cover a
8period ending not earlier than one month prior to submission
9of the report. Annual reports shall be submitted by December
1031 in a format set forth in rules adopted by the Department to
11the Department. All reports shall be made available to the
12public on-site and through the Department.
13    (e) If the hospital is a division or subsidiary of another
14entity that owns or operates other hospitals or related
15organizations, the annual public disclosure report shall be
16for the specific division or subsidiary and not for the other
17entity.
18    (f) The Department shall disclose information under this
19Section in accordance with provisions for inspection and
20copying of public records required by the Freedom of
21Information Act provided that such information satisfies the
22provisions of subsection (c) of this Section.
23    (g) Notwithstanding any other provision of law, under no
24circumstances shall the Department disclose information
25obtained from a hospital that is confidential under Part 21 of
26Article VIII of the Code of Civil Procedure.

 

 

SB3822- 36 -LRB102 22344 RLC 31481 b

1    (h) No hospital report or Department disclosure may
2contain information identifying a patient, employee, or
3licensed professional.
4(Source: P.A. 101-446, eff. 8-23-19; 102-256, eff. 1-1-22.)
 
5    (210 ILCS 110/13A rep.)
6    Section 75. The Illinois Migrant Labor Camp Law is amended
7by repealing Section 13A.
 
8    Section 80. The Illinois Athletic Trainers Practice Act is
9amended by changing Sections 3, 5, 19, 19.5, 21, and 24 as
10follows:
 
11    (225 ILCS 5/3)  (from Ch. 111, par. 7603)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 3. Definitions. As used in this Act:
14    (1) "Department" means the Department of Financial and
15Professional Regulation.
16    (2) "Secretary" means the Secretary of Financial and
17Professional Regulation.
18    (3) (Blank). "Board" means the Illinois Board of Athletic
19Trainers appointed by the Secretary.
20    (4) "Licensed athletic trainer" means a person licensed to
21practice athletic training as defined in this Act and with the
22specific qualifications set forth in Section 9 of this Act
23who, upon the direction of his or her team physician or

 

 

SB3822- 37 -LRB102 22344 RLC 31481 b

1consulting physician, carries out the practice of
2prevention/emergency care or physical reconditioning of
3injuries incurred by athletes participating in an athletic
4program conducted by an educational institution, professional
5athletic organization, or sanctioned amateur athletic
6organization employing the athletic trainer; or a person who,
7under the direction of a physician, carries out comparable
8functions for a health organization-based extramural program
9of athletic training services for athletes. Specific duties of
10the athletic trainer include but are not limited to:
11        A. Supervision of the selection, fitting, and
12    maintenance of protective equipment;
13        B. Provision of assistance to the coaching staff in
14    the development and implementation of conditioning
15    programs;
16        C. Counseling of athletes on nutrition and hygiene;
17        D. Supervision of athletic training facility and
18    inspection of playing facilities;
19        E. Selection and maintenance of athletic training
20    equipment and supplies;
21        F. Instruction and supervision of student trainer
22    staff;
23        G. Coordination with a team physician to provide:
24            (i) pre-competition physical exam and health
25        history updates,
26            (ii) game coverage or phone access to a physician

 

 

SB3822- 38 -LRB102 22344 RLC 31481 b

1        or paramedic,
2            (iii) follow-up injury care,
3            (iv) reconditioning programs, and
4            (v) assistance on all matters pertaining to the
5        health and well-being of athletes.
6        H. Provision of on-site injury care and evaluation as
7    well as appropriate transportation, follow-up treatment
8    and rehabilitation as necessary for all injuries sustained
9    by athletes in the program;
10        I. With a physician, determination of when an athlete
11    may safely return to full participation post-injury; and
12        J. Maintenance of complete and accurate records of all
13    athletic injuries and treatments rendered.
14    To carry out these functions the athletic trainer is
15authorized to utilize modalities, including, but not limited
16to, heat, light, sound, cold, electricity, exercise, or
17mechanical devices related to care and reconditioning.
18    (5) "Referral" means the guidance and direction given by
19the physician, who shall maintain supervision of the athlete.
20    (6) "Athletic trainer aide" means a person who has
21received on-the-job training specific to the facility in which
22he or she is employed, on either a paid or volunteer basis, but
23is not enrolled in an accredited athletic training curriculum.
24    (7) "Address of record" means the designated address
25recorded by the Department in the applicant's or licensee's
26application file or license file as maintained by the

 

 

SB3822- 39 -LRB102 22344 RLC 31481 b

1Department's licensure maintenance unit. It is the duty of the
2applicant or licensee to inform the Department of any change
3of address, and those changes must be made either through the
4Department's website or by contacting the Department.
5    (8) "Board of Certification" means the Board of
6Certification for the Athletic Trainer.
7(Source: P.A. 99-469, eff. 8-26-15.)
 
8    (225 ILCS 5/5)  (from Ch. 111, par. 7605)
9    (Section scheduled to be repealed on January 1, 2026)
10    Sec. 5. Administration of Act; rules and forms.
11    (a) The Department shall exercise the powers and duties
12prescribed by the Civil Administrative Code of Illinois for
13the administration of Licensure Acts and shall exercise such
14other powers and duties necessary for effectuating the
15purposes of this Act.
16    (b) The Secretary may promulgate rules consistent with the
17provisions of this Act for the administration and enforcement
18thereof, and for the payment of fees connected therewith, and
19may prescribe forms which shall be issued in connection
20therewith. The rules may include standards and criteria for
21licensure, certification, and professional conduct and
22discipline. The Department may consult with the Board in
23promulgating rules.
24    (c) The Department may at any time seek the advice and the
25expert knowledge of the Board on any matter relating to the

 

 

SB3822- 40 -LRB102 22344 RLC 31481 b

1administration of this Act.
2    (d) (Blank).
3(Source: P.A. 99-469, eff. 8-26-15.)
 
4    (225 ILCS 5/19)  (from Ch. 111, par. 7619)
5    (Section scheduled to be repealed on January 1, 2026)
6    Sec. 19. Record of proceedings. The Department, at its
7expense, shall preserve a record of all proceedings at the
8formal hearing of any case. The notice of hearing, complaint
9and all other documents in the nature of pleadings and written
10motions filed in the proceedings, the transcript of testimony,
11the report of the Board and order of the Department shall be
12the record of such proceeding. Any licensee who is found to
13have violated this Act or who fails to appear for a hearing to
14refuse to issue, restore, or renew a license or to discipline a
15licensee may be required by the Department to pay for the costs
16of the proceeding. These costs are limited to costs for court
17reporters, transcripts, and witness attendance and mileage
18fees. All costs imposed under this Section shall be paid
19within 60 days after the effective date of the order imposing
20the fine or in accordance with the terms set forth in the order
21imposing the fine.
22(Source: P.A. 99-469, eff. 8-26-15.)
 
23    (225 ILCS 5/19.5)
24    (Section scheduled to be repealed on January 1, 2026)

 

 

SB3822- 41 -LRB102 22344 RLC 31481 b

1    Sec. 19.5. Subpoenas; oaths. The Department may subpoena
2and bring before it any person and may take the oral or written
3testimony of any person or compel the production of any books,
4papers, records, or any other documents that the Secretary or
5his or her designee deems relevant or material to an
6investigation or hearing conducted by the Department with the
7same fees and mileage and in the same manner as prescribed by
8law in judicial procedure in civil cases in courts of this
9State.
10    The Secretary, the designated hearing officer, any member
11of the Board, or a certified shorthand court reporter may
12administer oaths at any hearing which the Department conducts.
13Notwithstanding any other statute or Department rule to the
14contrary, all requests for testimony or production of
15documents or records shall be in accordance with this Act.
16(Source: P.A. 99-469, eff. 8-26-15.)
 
17    (225 ILCS 5/24)  (from Ch. 111, par. 7624)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 24. Hearing officer appointment. The Secretary shall
20have the authority to appoint any attorney duly licensed to
21practice law in the State of Illinois to serve as the hearing
22officer in any action for refusal to issue or renew a license,
23or for the taking of disciplinary action against a license.
24The hearing officer shall have full authority to conduct the
25hearing. The hearing officer shall report his or her findings

 

 

SB3822- 42 -LRB102 22344 RLC 31481 b

1of fact, conclusions of law, and recommendations to the Board
2and the Secretary. The Board shall have 90 days from receipt of
3the report to review the report of the hearing officer and
4present its findings of fact, conclusions of law and
5recommendation to the Secretary. The If the Board fails to
6present its report within the 90 day period, the Secretary may
7issue an order based on the report of the hearing officer. If
8the Secretary determines that the Board's report is contrary
9to the manifest weight of the evidence, he or she may issue an
10order in contravention of the Board's report.
11(Source: P.A. 99-469, eff. 8-26-15.)
 
12    (225 ILCS 5/6 rep.)
13    (225 ILCS 5/21 rep.)
14    (225 ILCS 5/22 rep.)
15    Section 85. The Illinois Athletic Trainers Practice Act is
16amended by repealing Sections 6, 21, and 22.
 
17    Section 90. The Hearing Instrument Consumer Protection Act
18is amended by changing Sections 3, 8, 14, 15, 18, 21, 22, 23,
1927.1, and 30 as follows:
 
20    (225 ILCS 50/3)  (from Ch. 111, par. 7403)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 3. Definitions. As used in this Act, except as the
23context requires otherwise:

 

 

SB3822- 43 -LRB102 22344 RLC 31481 b

1    "Department" means the Department of Public Health.
2    "Director" means the Director of the Department of Public
3Health.
4    "License" means a license issued by the State under this
5Act to a hearing instrument dispenser.
6    "Licensed audiologist" means a person licensed as an
7audiologist under the Illinois Speech-Language Pathology and
8Audiology Practice Act.
9    "National Board Certified Hearing Instrument Specialist"
10means a person who has had at least 2 years in practice as a
11licensed hearing instrument dispenser and has been certified
12after qualification by examination by the National Board for
13Certification in Hearing Instruments Sciences.
14    "Licensed physician" or "physician" means a physician
15licensed in Illinois to practice medicine in all of its
16branches pursuant to the Medical Practice Act of 1987.
17    "Trainee" means a person who is licensed to perform the
18functions of a hearing instrument dispenser in accordance with
19the Department rules and only under the direct supervision of
20a hearing instrument dispenser or audiologist who is licensed
21in the State.
22    "Board" means the Hearing Instrument Consumer Protection
23Board.
24    "Hearing instrument" or "hearing aid" means any wearable
25instrument or device designed for or offered for the purpose
26of aiding or compensating for impaired human hearing and that

 

 

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1can provide more than 15 dB full on gain via a 2cc coupler at
2any single frequency from 200 through 6000 cycles per second,
3and any parts, attachments, or accessories, including ear
4molds. "Hearing instrument" or "hearing aid" do not include
5batteries, cords, or group auditory training devices and any
6instrument or device used by a public utility in providing
7telephone or other communication services are excluded.
8    "Practice of fitting, dispensing, or servicing of hearing
9instruments" means the measurement of human hearing with an
10audiometer, calibrated to the current American National
11Standard Institute standards, for the purpose of making
12selections, recommendations, adaptions, services, or sales of
13hearing instruments including the making of earmolds as a part
14of the hearing instrument.
15    "Sell" or "sale" means any transfer of title or of the
16right to use by lease, bailment, or any other contract,
17excluding wholesale transactions with distributors or dealers.
18    "Hearing instrument dispenser" means a person who is a
19hearing care professional that engages in the selling,
20practice of fitting, selecting, recommending, dispensing, or
21servicing of hearing instruments or the testing for means of
22hearing instrument selection or who advertises or displays a
23sign or represents himself or herself as a person who
24practices the testing, fitting, selecting, servicing,
25dispensing, or selling of hearing instruments.
26    "Fund" means the Hearing Instrument Dispenser Examining

 

 

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1and Disciplinary Fund.
2    "Hearing care professional" means a person who is a
3licensed audiologist, a licensed hearing instrument dispenser,
4or a licensed physician.
5(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
 
6    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 8. Applicant qualifications; examination.
9    (a) In order to protect persons who are deaf or hard of
10hearing, the Department shall authorize or shall conduct an
11appropriate examination, which may be the International
12Hearing Society's licensure examination, for persons who
13dispense, test, select, recommend, fit, or service hearing
14instruments. The frequency of holding these examinations shall
15be determined by the Department by rule. Those who
16successfully pass such an examination shall be issued a
17license as a hearing instrument dispenser, which shall be
18effective for a 2-year period.
19    (b) Applicants shall be:
20        (1) at least 18 years of age;
21        (2) of good moral character;
22        (3) the holder of an associate's degree or the
23    equivalent;
24        (4) free of contagious or infectious disease; and
25        (5) a citizen or person who has the status as a legal

 

 

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1    alien.
2    Felony convictions of the applicant and findings against
3the applicant involving matters set forth in Sections 17 and
418 shall be considered in determining moral character, but
5such a conviction or finding shall not make an applicant
6ineligible to register for examination.
7    (c) Prior to engaging in the practice of fitting,
8dispensing, or servicing hearing instruments, an applicant
9shall demonstrate, by means of written and practical
10examinations, that such person is qualified to practice the
11testing, selecting, recommending, fitting, selling, or
12servicing of hearing instruments as defined in this Act. An
13applicant must obtain a license within 12 months after passing
14either the written or practical examination, whichever is
15passed first, or must take and pass those examinations again
16in order to be eligible to receive a license.
17    The Department shall, by rule, determine the conditions
18under which an individual is examined.
19    (d) Proof of having met the minimum requirements of
20continuing education as determined by the Director Board shall
21be required of all license renewals. Pursuant to rule, the
22continuing education requirements may, upon petition to the
23Director Board, be waived in whole or in part if the hearing
24instrument dispenser can demonstrate that he or she served in
25the Coast Guard or Armed Forces, had an extreme hardship, or
26obtained his or her license by examination or endorsement

 

 

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1within the preceding renewal period.
2    (e) Persons applying for an initial license must
3demonstrate having earned, at a minimum, an associate degree
4or its equivalent from an accredited institution of higher
5education that is recognized by the U.S. Department of
6Education or that meets the U.S. Department of Education
7equivalency as determined through a National Association of
8Credential Evaluation Services (NACES) member, and meet the
9other requirements of this Section. In addition, the applicant
10must demonstrate the successful completion of (1) 12 semester
11hours or 18 quarter hours of academic undergraduate course
12work in an accredited institution consisting of 3 semester
13hours of anatomy and physiology of the hearing mechanism, 3
14semester hours of hearing science, 3 semester hours of
15introduction to audiology, and 3 semester hours of aural
16rehabilitation, or the quarter hour equivalent or (2) an
17equivalent program as determined by the Department that is
18consistent with the scope of practice of a hearing instrument
19dispenser as defined in Section 3 of this Act. Persons
20licensed before January 1, 2003 who have a valid license on
21that date may have their license renewed without meeting the
22requirements of this subsection.
23(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15;
2499-847, eff. 8-19-16.)
 
25    (225 ILCS 50/14)  (from Ch. 111, par. 7414)

 

 

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1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 14. Powers and duties of the Department. The powers
3and duties of the Department are:
4    (a) To issue licenses and to administer examinations to
5applicants;
6    (b) To license persons who are qualified to engage in the
7testing, recommending, fitting, selling, and dispensing of
8hearing instruments;
9    (c) To provide the equipment and facilities necessary for
10the examination;
11    (d) To issue and to renew licenses;
12    (e) To suspend or revoke licenses or to take such other
13disciplinary action as provided in this Act;
14    (f) (Blank) To consider all recommendations and requests
15of the Board and to inform it of all actions of the Department
16insofar as hearing instrument dispensers are concerned,
17including any instances where the actions of the Department
18are contrary to the recommendations of the Board;
19    (g) To promulgate rules necessary to implement this Act;
20    (h) (Blank); and
21    (i) To conduct such consumer education programs and
22awareness programs for persons with a hearing impairment as it
23deems appropriate may be recommended by the Board.
24(Source: P.A. 91-932, eff. 1-1-01.)
 
25    (225 ILCS 50/15)  (from Ch. 111, par. 7415)

 

 

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1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 15. Fees.
3    (a) The examination and licensure fees paid to the
4Department are not refundable and shall be set forth by
5administrative rule. The Department may require a fee for the
6administration of the examination in addition to examination
7and licensure fees.
8    (b) The moneys received as fees and fines by the
9Department under this Act shall be deposited in the Hearing
10Instrument Dispenser Examining and Disciplinary Fund, which is
11hereby created as a special fund in the State Treasury, and
12shall be used only for the administration and enforcement of
13this Act, including: (1) costs directly related to licensing
14of persons under this Act; and (2) by the Board in the exercise
15of its powers and performance of its duties, and such use shall
16be made by the Department with full consideration of all
17recommendations of the Board.
18    All moneys deposited in the Fund shall be appropriated to
19the Department for expenses of the Department and the Board in
20the administration and enforcement of this Act.
21    Moneys in the Fund may be invested and reinvested, with
22all earnings deposited in the Fund and used for the purposes
23set forth in this Act.
24    Upon the completion of any audit of the Department as
25prescribed by the Illinois State Auditing Act, which audit
26shall include an audit of the Fund, the Department shall make a

 

 

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1copy of the audit open to inspection by any interested person,
2which copy shall be submitted to the Department by the Auditor
3General, in addition to the copies of audit reports required
4to be submitted to other State officers and agencies by
5Section 3-14 of the Illinois State Auditing Act.
6(Source: P.A. 99-204, eff. 7-30-15.)
 
7    (225 ILCS 50/18)  (from Ch. 111, par. 7418)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 18. Discipline by the Department. The Department may
10refuse to issue or renew a license or it may revoke, suspend,
11place on probation, censure, fine, or reprimand a licensee for
12any of the following:
13        (a) Material misstatement in furnishing information to
14    the Department or to any other State or federal agency.
15        (b) Violations of this Act, or the rules promulgated
16    hereunder.
17        (c) Conviction of any crime under the laws of the
18    United States or any state or territory thereof which is a
19    felony or misdemeanor, an essential element of dishonesty,
20    or of any crime which is directly related to the practice
21    of the profession.
22        (d) Making any misrepresentation for the purpose of
23    obtaining a license or renewing a license, including
24    falsification of the continuing education requirement.
25        (e) Professional incompetence.

 

 

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1        (f) Malpractice.
2        (g) Aiding or assisting another person in violating
3    any provision of this Act or the rules promulgated
4    hereunder.
5        (h) Failing, within 30 days, to provide in writing
6    information in response to a written request made by the
7    Department.
8        (i) Engaging in dishonorable, unethical, or
9    unprofessional conduct which is likely to deceive,
10    defraud, or harm the public.
11        (j) Knowingly employing, directly or indirectly, any
12    suspended or unlicensed person to perform any services
13    covered by this Act.
14        (k) Habitual intoxication or addiction to the use of
15    drugs.
16        (l) Discipline by another state, the District of
17    Columbia, territory, or a foreign nation, if at least one
18    of the grounds for the discipline is the same or
19    substantially equivalent to those set forth herein.
20        (m) Directly or indirectly giving to or receiving from
21    any person, firm, corporation, partnership, or association
22    any fee, commission, rebate, or other form of compensation
23    for any service not actually rendered. Nothing in this
24    paragraph (m) affects any bona fide independent contractor
25    or employment arrangements among health care
26    professionals, health facilities, health care providers,

 

 

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1    or other entities, except as otherwise prohibited by law.
2    Any employment arrangements may include provisions for
3    compensation, health insurance, pension, or other
4    employment benefits for the provision of services within
5    the scope of the licensee's practice under this Act.
6    Nothing in this paragraph (m) shall be construed to
7    require an employment arrangement to receive professional
8    fees for services rendered.
9        (n) A finding by the Director Board that the licensee,
10    after having his or her license placed on probationary
11    status, has violated the terms of probation.
12        (o) Willfully making or filing false records or
13    reports.
14        (p) Willfully failing to report an instance of
15    suspected child abuse or neglect as required by the Abused
16    and Neglected Child Reporting Act.
17        (q) Physical illness, including, but not limited to,
18    deterioration through the aging process, or loss of motor
19    skill which results in the inability to practice the
20    profession with reasonable judgement, skill or safety.
21        (r) Solicitation of services or products by
22    advertising that is false or misleading. An advertisement
23    is false or misleading if it:
24            (1) contains an intentional misrepresentation of
25        fact;
26            (2) contains a false statement as to the

 

 

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1        licensee's professional achievements, education,
2        skills, or qualifications in the hearing instrument
3        dispensing profession;
4            (3) makes a partial disclosure of a relevant fact,
5        including:
6                (i) the advertisement of a discounted price of
7            an item without identifying in the advertisement
8            or at the location of the item either the specific
9            product being offered at the discounted price or
10            the usual price of the item; and
11                (ii) the advertisement of the price of a
12            specifically identified hearing instrument if more
13            than one hearing instrument appears in the same
14            advertisement without an accompanying price;
15            (4) contains a representation that a product
16        innovation is new when, in fact, the product was first
17        offered by the manufacturer to the general public in
18        this State not less than 12 months before the date of
19        the advertisement;
20            (5) contains any other representation, statement,
21        or claim that is inherently misleading or deceptive;
22        or
23            (6) contains information that the licensee
24        manufactures hearing instruments at the licensee's
25        office location unless the following statement
26        includes a statement disclosing that the instruments

 

 

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1        are manufactured by a specified manufacturer and
2        assembled by the licensee.
3        (s) Participating in subterfuge or misrepresentation
4    in the fitting or servicing of a hearing instrument.
5        (t) (Blank).
6        (u) Representing that the service of a licensed
7    physician or other health professional will be used or
8    made available in the fitting, adjustment, maintenance, or
9    repair of hearing instruments when that is not true, or
10    using the words "doctor", "audiologist", "clinic",
11    "Clinical Audiologist", "Certified Hearing Aid
12    Audiologist", "State Licensed", "State Certified",
13    "Hearing Care Professional", "Licensed Hearing Instrument
14    Dispenser", "Licensed Hearing Aid Dispenser", "Board
15    Certified Hearing Instrument Specialist", "Hearing
16    Instrument Specialist", "Licensed Audiologist", or any
17    other term, abbreviation, or symbol which would give the
18    impression that service is being provided by persons who
19    are licensed or awarded a degree or title, or that the
20    person's service who is holding the license has been
21    recommended by a governmental agency or health provider,
22    when such is not the case.
23        (v) Advertising a manufacturer's product or using a
24    manufacturer's name or trademark implying a relationship
25    which does not exist.
26        (w) Directly or indirectly giving or offering anything

 

 

SB3822- 55 -LRB102 22344 RLC 31481 b

1    of value to any person who advises another in a
2    professional capacity, as an inducement to influence the
3    purchase of a product sold or offered for sale by a hearing
4    instrument dispenser or influencing persons to refrain
5    from dealing in the products of competitors.
6        (x) Conducting business while suffering from a
7    contagious disease.
8        (y) Engaging in the fitting or sale of hearing
9    instruments under a name with fraudulent intent.
10        (z) Dispensing a hearing instrument to a person who
11    has not been given tests utilizing appropriate established
12    procedures and instrumentation in the fitting of hearing
13    instruments, except where there is the replacement of a
14    hearing instrument, of the same make and model within one
15    year of the dispensing of the original hearing instrument.
16        (aa) Unavailability or unwillingness to adequately
17    provide for service or repair of hearing instruments
18    fitted and sold by the dispenser.
19        (bb) Violating the regulations of the Federal Food and
20    Drug Administration or the Federal Trade Commission as
21    they affect hearing instruments.
22        (cc) Violating any provision of the Consumer Fraud and
23    Deceptive Business Practices Act.
24        (dd) Violating the Health Care Worker Self-Referral
25    Act.
26    The Department, with the approval of the Board, may impose

 

 

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1a fine not to exceed $1,000 plus costs for the first violation
2and not to exceed $5,000 plus costs for each subsequent
3violation of this Act, and the rules promulgated hereunder, on
4any person or entity described in this Act. Such fine may be
5imposed as an alternative to any other disciplinary measure,
6except for probation. The imposition by the Department of a
7fine for any violation does not bar the violation from being
8alleged in subsequent disciplinary proceedings. Such fines
9shall be deposited in the Fund.
10(Source: P.A. 100-201, eff. 8-18-17.)
 
11    (225 ILCS 50/21)  (from Ch. 111, par. 7421)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 21. The Department may investigate the actions of any
14applicant, corporation, partnership, trust, association or
15other entity, or any person holding or claiming to hold a
16license. The Department shall, before refusing to issue a
17license or disciplining a registrant or a corporation,
18partnership, trust, association or other entity, notify, in
19writing, at least 10 days prior to the date set for the
20hearing, the applicant for, or holder of, a license, or
21corporation, partnership, trust, association or other entity.
22The notification shall set forth the charges against the
23person, corporation, partnership, trust, association, or other
24entity which form the basis for the refusal to issue a license
25or the disciplinary action taken. If the person, corporation,

 

 

SB3822- 57 -LRB102 22344 RLC 31481 b

1partnership, trust, association, or other entity desires to
2contest any Department action under this Section he, she or
3the corporation, partnership, trust, association, or other
4entity shall send a written request for a hearing to the
5Department within 10 days of receipt of notice of the
6Department's action. If timely requested by the person or the
7corporation, partnership, trust, association, or other entity,
8the date of the hearing shall be set by the Department. The
9hearing shall determine whether the applicant or licensee is
10entitled to hold such license, and shall afford such person an
11opportunity to be heard in person or by counsel. A hearing
12shall also determine whether a corporation, partnership,
13trust, association, or other entity is subject to disciplinary
14action, and shall afford such entities an opportunity to be
15heard by their representative or by counsel. Such written
16notice may be served by certified or registered mail to the
17respondent at its last known address. Upon receipt of a
18request in writing for a hearing, a duly qualified employee of
19the Department designated in writing by the Director and
20approved by the Board as a hearing officer shall conduct a
21hearing to review the decision. Notice of the time and place of
22the hearing shall be given to the person or corporation,
23partnership, trust, association, or other entity at least 10
24days prior to the date set for the hearing. At the time and
25place fixed in the notice, the hearing officer shall hear the
26charges and the parties shall be accorded opportunity to

 

 

SB3822- 58 -LRB102 22344 RLC 31481 b

1present such statements, testimony and evidence as may be
2pertinent to the charges or defenses. The hearing officer may
3continue such hearing from time to time. Pursuant to rule, the
4Director may conduct informal hearings, and shall so inform
5the Board. The Director, Board or hearing officer may compel,
6by subpoena, the attendance and testimony of witnesses and the
7production of books and papers and may administer oaths.
8(Source: P.A. 86-800.)
 
9    (225 ILCS 50/22)  (from Ch. 111, par. 7422)
10    (Section scheduled to be repealed on January 1, 2026)
11    Sec. 22. Findings and recommendations to of the Director
12Board. At the conclusion of the hearing, the hearing officer
13shall make findings of fact in such hearing to the Director
14Board. The Director Board shall review the findings of fact
15and present to the Director a written report of its finding and
16recommendation as to whether or not the accused person
17violated this Act or failed to comply with the conditions
18required in this Act or any rule promulgated under this Act.
19The Director Board shall specify the nature of the violation
20or failure to comply and shall make its recommendations to the
21Director.
22    The report of findings and recommendation of the hearing
23officer Board shall be the basis for the Department's action
24with respect to licensees or the imposition of any
25disciplinary action unless the Director determines that the

 

 

SB3822- 59 -LRB102 22344 RLC 31481 b

1report and recommendation is contrary to the manifest weight
2of the evidence, in which case the Director may issue an order
3in contravention of the report and recommendation. The
4findings are not admissible in evidence against the person in
5a criminal prosecution brought for the violation of this Act,
6but the hearing and findings are not a bar to a criminal
7prosecution brought for violating this Act.
8(Source: P.A. 89-72, eff. 12-31-95.)
 
9    (225 ILCS 50/23)  (from Ch. 111, par. 7423)
10    (Section scheduled to be repealed on January 1, 2026)
11    Sec. 23. The Department, at its expense, shall preserve a
12record of all proceedings at the formal hearing of any case
13involving the refusal to issue a license or to discipline a
14licensee. The notice of hearing, the complaint and all other
15documents in the nature of pleadings and written motions filed
16in the proceedings, the transcript of testimony, the report of
17the Board and the orders of the Department shall be the record
18of such proceeding.
19    In any case involving the refusal to issue a license or to
20discipline a licensee, a copy of the hearing officer's Board's
21report shall be served upon the respondent by the Department,
22as provided in this Act for the service of the notice of
23hearing. Within 20 days after such service, the respondent may
24present to the Department a motion in writing for a rehearing,
25which motion shall specify the particular grounds therefor. If

 

 

SB3822- 60 -LRB102 22344 RLC 31481 b

1no motion for rehearing is filed, then upon the expiration of
2the time specified for filing such a motion, or if a motion for
3rehearing is denied, then upon such denial, the Director may
4enter an order in accordance with recommendations of the
5hearing officer Board. If the respondent orders and pays for a
6transcript of the record within the time for filing a motion
7for rehearing, the 20-day period within which such a motion
8may be filed shall commence upon the delivery of the
9transcript to the respondent.
10    Whenever the Director is satisfied that substantial
11justice has not been done either in an examination or in the
12revocation, suspension or refusal to issue a license, the
13Director may order a re-examination or rehearing.
14(Source: P.A. 86-800.)
 
15    (225 ILCS 50/27.1)  (from Ch. 111, par. 7427.1)
16    (Section scheduled to be repealed on January 1, 2026)
17    Sec. 27.1. Notwithstanding the provisions of Section 21 of
18this Act, the Director shall have the authority to appoint any
19attorney duly licensed to practice law in the State of
20Illinois to serve as hearing officer in any action for refusal
21to issue or renew a license, or discipline of an applicant or
22licensee regulated by this Act. The Director shall notify the
23Board of any such appointment. The hearing officer shall have
24full authority to conduct the hearing. The hearing officer
25shall report his findings of fact, conclusions of law and

 

 

SB3822- 61 -LRB102 22344 RLC 31481 b

1recommendations to the Board and the Director. Within The
2Board shall have 60 days from receipt of the report to review
3the report of the hearing officer and present their findings
4of fact, conclusions of law and recommendations to the
5Director. If the Board fails to present its report within the
660-day period, the Director shall issue an order based on the
7report of the hearing officer. If the Director disagrees in
8any regard with the report of the Board or hearing officer, the
9Director he may issue an order in contravention thereof. The
10Director shall provide a written explanation to the Board on
11any such deviation, and shall specify with particularity the
12reasons for such action in the final order. Members of the
13Board may be present at all formal hearings brought under the
14provisions of this Act.
15(Source: P.A. 86-800.)
 
16    (225 ILCS 50/30)  (from Ch. 111, par. 7430)
17    (Section scheduled to be repealed on January 1, 2026)
18    Sec. 30. The determination by a circuit court that a
19licensee is subject to involuntary admission or judicial
20admission, as provided in the "Mental Health and Developmental
21Disabilities Code", approved September 5, 1978, as amended,
22operates as an automatic suspension of his license. Such
23suspension will end upon a finding by a court that the patient
24is no longer subject to involuntary admission or judicial
25admission and the court issues an order so finding and

 

 

SB3822- 62 -LRB102 22344 RLC 31481 b

1discharging the patient and upon the recommendation of the
2hearing officer Board to the Director that the licensee be
3allowed to resume his practice.
4(Source: P.A. 86-800.)
 
5    (225 ILCS 50/16 rep.)
6    (225 ILCS 50/17 rep.)
7    Section 95. The Hearing Instrument Consumer Protection Act
8is amended by repealing Sections 16 and 17.
 
9    Section 100. The Health Care Workplace Violence Prevention
10Act is amended by changing Section 35 as follows:
 
11    (405 ILCS 90/35)
12    Sec. 35. Pilot project; task force. (a) The Department of
13Human Services and the Department of Public Health shall
14initially implement this Act as a 2-year pilot project in
15which only the following health care workplaces shall
16participate:
17        (1) The Chester Mental Health Center.
18        (2) The Alton Mental Health Center.
19        (3) The Douglas Singer Mental Health Center.
20        (4) The Andrew McFarland Mental Health Center.
21        (5) The Jacksonville Developmental Center.
22    Each health care workplace participating in the pilot
23project shall comply with this Act as provided in this Act.

 

 

SB3822- 63 -LRB102 22344 RLC 31481 b

1    (b) The Governor shall convene a 11-member task force
2consisting of the following: one member appointed by the
3President of the Senate; one member appointed by the Minority
4Leader of the Senate; one member appointed by the Speaker of
5House of Representatives; one member appointed by the Minority
6Leader of the House of Representatives; one representative
7from a statewide association representing licensed registered
8professional nurses; one licensed registered professional
9nurse involved in direct patient care, appointed by the
10Governor; one representative of an organization representing
11State, county, and municipal employees, appointed by the
12Governor; one representative of an organization representing
13public employees, appointed by the Governor; and 3
14representatives of the Department of Human Services, with one
15representative from the Division of Mental Health, one
16representative from the Division of Developmental
17Disabilities, and one representative from the Division of
18Rehabilitation Services of the Department of Human Services.
19The task force shall submit a report to the Illinois General
20Assembly by January 1, 2008 that shall (i) evaluate the
21effectiveness of the health care workplace violence prevention
22pilot project in the facilities participating in the pilot
23project and (ii) make recommendations concerning the
24implementation of workplace violence prevention programs in
25all health care workplaces.
26    (c) The Department of Human Services shall provide all

 

 

SB3822- 64 -LRB102 22344 RLC 31481 b

1necessary administrative support to the task force.
2(Source: P.A. 94-347, eff. 7-28-05; 94-1012, eff. 7-7-06.)
 
3    Section 105. The Stem Cell Research and Human Cloning
4Prohibition Act is amended by changing Sections 10, 25, and 30
5as follows:
 
6    (410 ILCS 110/10)
7    Sec. 10. Definitions. As used in this Act:
8    "Department" means the Department of Public Health.
9    "Institute" means the Illinois Regenerative Medicine
10Institute.
11    "Committee" means the Illinois Regenerative Medicine
12Institute Oversight Committee.
13(Source: P.A. 95-519, eff. 1-1-08.)
 
14    (410 ILCS 110/25)
15    Sec. 25. Conflict of interest.
16    (a) (Blank) A person has a conflict of interest if any
17Committee action with respect to a matter may directly or
18indirectly financially benefit any of the following:
19        (1) That person.
20        (2) That person's spouse, immediate family living with
21    that person, or that person's extended family.
22        (3) Any individual or entity required to be disclosed
23    by that person.

 

 

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1        (4) Any other individual or entity with which that
2    person has a business or professional relationship.
3    (b) (Blank) A Committee member who has a conflict of
4interest with respect to a matter may not discuss that matter
5with other Committee members and shall not vote upon or
6otherwise participate in any Committee action with respect to
7that matter. Each recusal occurring during a Committee meeting
8shall be made a part of the minutes or recording of the meeting
9in accordance with the Open Meetings Act.
10    (c) A member of a scientific peer review panel or any other
11advisory committee that may be established by the Department
12who has a conflict of interest with respect to a matter may not
13discuss that matter with other peer review panel or advisory
14committee members or with Committee members and shall not vote
15or otherwise participate in any peer review panel or advisory
16committee action with respect to that matter. Each recusal of
17a peer review panel or advisory committee member occurring
18during a peer review panel or advisory committee meeting shall
19be made a part of the minutes or recording of the meeting in
20accordance with the Open Meetings Act.
21    (d) The Institute shall not allow any Institute employee
22to participate in the processing of, or to provide any advice
23concerning, any matter with which the Institute employee has a
24conflict of interest.
25(Source: P.A. 95-519, eff. 1-1-08.)
 

 

 

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1    (410 ILCS 110/30)
2    Sec. 30. Disclosure of Committee, scientific peer review
3panel, or advisory committee member income and interests.
4    (a) Each Committee, scientific peer review panel, and any
5advisory committee member shall file with the Secretary of
6State a written disclosure of the following with respect to
7the member, the member's spouse, and any immediate family
8living with the member:
9        (1) Each source of income.
10        (2) Each entity in which the member, spouse, or
11    immediate family living with the member has an ownership
12    or distributive income share that is not an income source
13    required to be disclosed under item (1) of this subsection
14    (a).
15        (3) Each entity in or for which the member, spouse, or
16    immediate family living with the member serves as an
17    executive, officer, director, trustee, or fiduciary.
18        (4) Each entity with which the member, member's
19    spouse, or immediate family living with the member has a
20    contract for future income.
21    (b) Each appointed Committee member and each member of a
22scientific peer review panel and any advisory committee member
23shall file the disclosure required by subsection (a) of this
24Section at the time the member is appointed and at the time of
25any reappointment of that member.
26    (c) Each Committee member and each member of a scientific

 

 

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1peer review panel and any advisory committee member shall file
2an updated disclosure with the Secretary of State promptly
3after any change in the items required to be disclosed under
4this subsection with respect to the member, the member's
5spouse, or any immediate family living with the member.
6    (d) The requirements of Section 3A-30 of the Illinois
7Governmental Ethics Act and any other disclosures required by
8law apply to this Act.
9    (e) Filed disclosures shall be public records.
10(Source: P.A. 95-519, eff. 1-1-08.)
 
11    (410 ILCS 110/20 rep.)
12    (410 ILCS 110/35 rep.)
13    Section 110. The Stem Cell Research and Human Cloning
14Prohibition Act is amended by repealing Sections 20 and 35.
 
15    (410 ILCS 221/Act rep.)
16    Section 115. The Advisory Board for the Maternal and Child
17Health Block Grant Programs Act is repealed.
 
18    (410 ILCS 225/7 rep.)
19    Section 117. The Prenatal and Newborn Care Act is amended
20by repealing Section 7.
 
21    (410 ILCS 303/25 rep.)
22    Section 120. The African-American HIV/AIDS Response Act is

 

 

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1amended by repealing Section 25.
 
2    (410 ILCS 413/15 rep.)
3    (410 ILCS 413/20 rep.)
4    Section 125. The Epilepsy Disease Assistance Act is
5amended by repealing Sections 15 and 20.
 
6    Section 130. The Head and Spinal Cord Injury Act is
7amended by changing Sections 1 and 3 as follows:
 
8    (410 ILCS 515/1)  (from Ch. 111 1/2, par. 7851)
9    Sec. 1. As used in this Act, unless the context clearly
10indicates otherwise:
11    (a) "Department" means the Department of Public Health.
12    (b) "Head Injury" means a sudden insult or damage to the
13brain or its coverings, not of a degenerative nature, which
14produces an altered state of consciousness or temporarily or
15permanently impairs mental, cognitive, behavioral or physical
16functioning. Cerebral vascular accidents, aneurisms and
17congenital deficits are excluded from this definition.
18    (c) "Spinal cord injury" means an injury that occurs as a
19result of trauma, which involves spinal vertebral fracture, or
20where the injured person suffers any of the following effects:
21    (1) effects on the sensory system including numbness,
22tingling or loss of sensation in the body or in one or more
23extremities;

 

 

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1    (2) effects on the motor system including weakness or
2paralysis in one or more extremities;
3    (3) effects on the visceral system including bowel or
4bladder dysfunction or hypotension.
5    (d) "Council" means the Advisory Council on Spinal Cord
6and Head Injuries.
7(Source: P.A. 86-510.)
 
8    (410 ILCS 515/3)  (from Ch. 111 1/2, par. 7853)
9    Sec. 3. (a) All reports and records made pursuant to this
10Act and maintained by the Department and other appropriate
11persons, officials and institutions pursuant to this Act shall
12be confidential. Information shall not be made available to
13any individual or institution except to:
14    (1) appropriate staff of the Department; and
15    (2) any person engaged in a bona fide research project,
16with the permission of the Director of Public Health, except
17that no information identifying the subjects of the reports or
18the reporters shall be made available to researchers unless
19the Department requests and receives consent for such release
20pursuant to the provisions of this Section. ; and
21    (3) the Council, except that no information identifying
22the subjects of the reports or the reporters shall be made
23available to the Council unless consent for release is
24requested and received pursuant to the provisions of this
25Section. Only information pertaining to head and spinal cord

 

 

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1injuries as defined in Section 1 of this Act shall be released
2to the Council.
3    (b) The Department shall not reveal the identity of a
4patient, physician or hospital, except that the identity of
5the patient may be released upon written consent of the
6patient, parent or guardian, the identity of the physician may
7be released upon written consent of the physician, and the
8identity of the hospital may be released upon written consent
9of the hospital.
10    (c) The Department shall request consent for release from
11a patient, a physician or hospital only upon a showing by the
12applicant for such release that obtaining the identities of
13certain patients, physicians or hospitals is necessary for his
14bonafide research directly related to the objectives of this
15Act.
16    (d) The Department shall at least annually compile a
17report of the data accumulated through the reporting system
18established under Section 2 of this Act and shall submit such
19data relating to spinal cord and head injuries in accordance
20with confidentiality restrictions established pursuant to this
21Act to the Council.
22(Source: P.A. 86-510.)
 
23    (410 ILCS 515/6 rep.)
24    Section 135. The Head and Spinal Cord Injury Act is
25amended by repealing Section 6.
 

 

 

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1    Section 140. The Illinois Adverse Health Care Events
2Reporting Law of 2005 is amended by changing Section 10-45 as
3follows:
 
4    (410 ILCS 522/10-45)
5    Sec. 10-45. Testing period.
6    (a) Prior to the testing period in subsection (b), the
7Department shall adopt rules for implementing this Law in
8consultation with the Health Care Event Reporting Advisory
9Committee and individuals who have experience and expertise in
10devising and implementing adverse health care event or other
11health care quality reporting systems. The rules shall
12establish the methodology and format for health care
13facilities reporting information under this Law to the
14Department and shall be finalized before the beginning of the
15testing period under subsection (b).
16    (b) The Department shall conduct a testing period of at
17least 6 months to test the reporting process to identify any
18problems or deficiencies with the planned reporting process.
19    (c) None of the information reported and analyzed during
20the testing period shall be used in any public report under
21this Law.
22    (d) The Department must substantially address the problems
23or deficiencies identified during the testing period before
24fully implementing the reporting system.

 

 

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1    (e) After the testing period, and after any corrections,
2adjustments, or modifications are finalized, the Department
3must give at least 30 days written notice to health care
4facilities prior to full implementation of the reporting
5system and collection of adverse event data that will be used
6in public reports.
7    (f) Following the testing period, 4 calendar quarters of
8data must be collected prior to the Department's publishing
9the annual report of adverse events to the public under
10paragraph (4) of Section 10-35.
11    (g) The process described in subsections (a) through (e)
12must be completed by the Department no later than July 1, 2007.
13    (h) Notwithstanding any other provision of law, the
14Department may contract with an entity for receiving all
15adverse health care event reports, root cause analysis
16findings, and corrective action plans that must be reported to
17the Department under this Law and for the compilation of the
18information and the provision of quarterly and annual reports
19to the Department describing such information according to the
20rules adopted by the Department under this Law.
21(Source: P.A. 94-242, eff. 7-18-05; 95-331, eff. 8-21-07.)
 
22    (410 ILCS 522/10-40 rep.)
23    Section 145. The Illinois Adverse Health Care Events
24Reporting Law of 2005 is amended by repealing Section 10-40.
 

 

 

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1    Section 150. The Environmental Protection Act is amended
2by changing Section 17.7 as follows:
 
3    (415 ILCS 5/17.7)  (from Ch. 111 1/2, par. 1017.7)
4    Sec. 17.7. Community water supply testing fee.
5    (a) The Agency shall collect an annual nonrefundable
6testing fee from each community water supply for participating
7in the laboratory fee program for analytical services to
8determine compliance with contaminant levels specified in
9State or federal drinking water regulations. A community water
10supply may commit to participation in the laboratory fee
11program. If the community water supply makes such a
12commitment, it shall commit for a period consistent with the
13participation requirements established by the Agency and the
14Community Water Supply Testing Council (Council). If a
15community water supply elects not to participate, it must
16annually notify the Agency in writing of its decision not to
17participate in the laboratory fee program.
18    (b) The Agency shall determine the fee for participating
19in the laboratory fee program for analytical services. The
20Agency may establish multi-year participation requirements for
21community water supplies and establish fees accordingly. The
22Agency shall base its annual fee determination upon the actual
23and anticipated costs for testing under State and federal
24drinking water regulations and the associated administrative
25costs of the Agency and the Council.

 

 

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1    (c) Community water supplies that choose not to
2participate in the laboratory fee program or do not pay the
3fees shall have the duty to analyze all drinking water samples
4as required by State or federal safe drinking water
5regulations established after the federal Safe Drinking Water
6Act Amendments of 1986.
7    (d) There is hereby created in the State Treasury an
8interest-bearing special fund to be known as the Community
9Water Supply Laboratory Fund. All fees collected by the Agency
10under this Section shall be deposited into this Fund and shall
11be used for no other purpose except those established in this
12Section. In addition to any monies appropriated from the
13General Revenue Fund, monies in the Fund shall be appropriated
14to the Agency in amounts deemed necessary for laboratory
15testing of samples from community water supplies, and for the
16associated administrative expenses of the Agency and the
17Council.
18    (e) The Agency is authorized to adopt reasonable and
19necessary rules for the administration of this Section. The
20Agency shall submit the proposed rules for review by the
21Council before submission of the rulemaking for the First
22Notice under Section 5-40 of the Illinois Administrative
23Procedure Act.
24    (f) The Director shall establish a Community Water Supply
25Testing Council, consisting of 5 persons who are elected
26municipal officials, 5 persons representing community water

 

 

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1supplies, one person representing the engineering profession,
2one person representing investor-owned utilities, one person
3representing the Illinois Association of Environmental
4Laboratories, and 2 persons representing municipalities and
5community water supplies on a statewide basis, all appointed
6by the Director. Beginning in 1994, the Director shall appoint
7the following to the Council: (i) 2 elected municipal
8officials, 2 community water supply representatives, and 1
9investor-owned utility representative, each for a one-year
10term; (ii) 2 elected municipal officials and 2 community water
11supply representatives, each for a 2 year term; and (iii) one
12elected municipal official, one community water supply
13representative, one person representing the engineering
14profession, and 2 persons representing municipalities and
15community water supplies on a statewide basis, each for a 3
16year term. As soon as possible after the effective date of this
17amendatory Act of the 92nd General Assembly, the Director
18shall appoint one person representing the Illinois Association
19of Environmental Laboratories to a term of 3 years.
20Thereafter, the Director shall appoint successors in each
21position to 3 year terms. In case of a vacancy, the Director
22may appoint a successor to fill the remaining term of the
23vacancy. Members of the Council shall serve until a successor
24is appointed by the Director. The Council shall select from
25its members a chairperson and such other officers as it deems
26necessary. The Council shall meet at the call of the Director

 

 

SB3822- 76 -LRB102 22344 RLC 31481 b

1or the Chairperson of the Council. The Agency shall provide
2the Council with such supporting services as the Director and
3the Chairperson may designate, and members shall be reimbursed
4for ordinary and necessary expenses incurred in the
5performance of their duties. The Council shall have the
6following duties:
7        (1) to hold regular and special meetings at a time and
8    place designated by the Director or the Chairperson of the
9    Council;
10        (2) to consider appropriate means for long-term
11    financial support of water supply testing, and to make
12    recommendations to the Agency regarding a preferred
13    approach;
14        (3) to review and evaluate the financial implications
15    of current and future federal requirements for monitoring
16    of public water supplies;
17        (4) to review and evaluate management and financial
18    audit reports related to the testing program, and to make
19    recommendations regarding the Agency's efforts to
20    implement the fee system and testing provided for by this
21    Section;
22        (5) to require an external audit as may be deemed
23    necessary by the Council; and
24        (6) to conduct such other activities as may be deemed
25    appropriate by the Director.
26(Source: P.A. 97-220, eff. 7-28-11.)
 

 

 

SB3822- 77 -LRB102 22344 RLC 31481 b

1    (420 ILCS 40/14 rep.)
2    Section 155. The Radiation Protection Act of 1990 is
3amended by repealing Section 14.
 
4    (430 ILCS 40/6 rep.)
5    Section 160. The Illinois Poison Prevention Packaging Act
6is amended by repealing Section 6.
 
7    Section 995. No acceleration or delay. Where this Act
8makes changes in a statute that is represented in this Act by
9text that is not yet or no longer in effect (for example, a
10Section represented by multiple versions), the use of that
11text does not accelerate or delay the taking effect of (i) the
12changes made by this Act or (ii) provisions derived from any
13other Public Act.
 
14    Section 999. Effective date. This Act takes effect upon
15becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 177/10
4    5 ILCS 177/15 rep.
5    20 ILCS 605/605-300was 20 ILCS 605/46.2
6    20 ILCS 605/605-360 rep.
7    20 ILCS 605/605-425 rep.
8    20 ILCS 605/605-1000 rep.
9    20 ILCS 2310/2310-376
10    20 ILCS 2310/2310-76 rep.
11    20 ILCS 2310/2310-77 rep.
12    20 ILCS 2310/2310-349 rep.
13    20 ILCS 2310/2310-560 rep.
14    20 ILCS 2325/5
15    20 ILCS 2325/10
16    20 ILCS 2325/20
17    20 ILCS 2325/15 rep.
18    20 ILCS 2325/25 rep.
19    20 ILCS 2407/Art. 2 rep.
20    20 ILCS 2407/53
21    20 ILCS 3310/10
22    20 ILCS 3950/Act rep.
23    20 ILCS 4024/Act rep.
24    30 ILCS 780/5-30
25    210 ILCS 25/Art. V rep.

 

 

SB3822- 79 -LRB102 22344 RLC 31481 b

1    210 ILCS 86/25
2    210 ILCS 110/13A rep.
3    225 ILCS 5/3from Ch. 111, par. 7603
4    225 ILCS 5/5from Ch. 111, par. 7605
5    225 ILCS 5/19from Ch. 111, par. 7619
6    225 ILCS 5/19.5
7    225 ILCS 5/24from Ch. 111, par. 7624
8    225 ILCS 5/6 rep.
9    225 ILCS 5/21 rep.
10    225 ILCS 5/22 rep.
11    225 ILCS 50/3from Ch. 111, par. 7403
12    225 ILCS 50/8from Ch. 111, par. 7408
13    225 ILCS 50/14from Ch. 111, par. 7414
14    225 ILCS 50/15from Ch. 111, par. 7415
15    225 ILCS 50/18from Ch. 111, par. 7418
16    225 ILCS 50/21from Ch. 111, par. 7421
17    225 ILCS 50/22from Ch. 111, par. 7422
18    225 ILCS 50/23from Ch. 111, par. 7423
19    225 ILCS 50/27.1from Ch. 111, par. 7427.1
20    225 ILCS 50/30from Ch. 111, par. 7430
21    225 ILCS 50/16 rep.
22    225 ILCS 50/17 rep.
23    405 ILCS 90/35
24    410 ILCS 110/10
25    410 ILCS 110/25
26    410 ILCS 110/30

 

 

SB3822- 80 -LRB102 22344 RLC 31481 b

1    410 ILCS 110/20 rep.
2    410 ILCS 110/35 rep.
3    410 ILCS 221/Act rep.
4    410 ILCS 225/7 rep.
5    410 ILCS 303/25 rep.
6    410 ILCS 413/15 rep.
7    410 ILCS 413/20 rep.
8    410 ILCS 515/1from Ch. 111 1/2, par. 7851
9    410 ILCS 515/3from Ch. 111 1/2, par. 7853
10    410 ILCS 515/6 rep.
11    410 ILCS 522/10-45
12    410 ILCS 522/10-40 rep.
13    415 ILCS 5/17.7from Ch. 111 1/2, par. 1017.7
14    420 ILCS 40/14 rep.
15    430 ILCS 40/6 rep.