Full Text of HB5960 95th General Assembly
HB5960ham001 95TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 4/9/2008
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| AMENDMENT TO HOUSE BILL 5960
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| AMENDMENT NO. ______. Amend House Bill 5960 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Nurse Practice Act is amended by changing | 5 |
| Section 50-15 and by adding Sections 50-80 and 60-45 as | 6 |
| follows:
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| (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 50-15. Policy; application of Act. | 10 |
| (a) For the protection of life and the
promotion of health, | 11 |
| and the prevention of illness and communicable diseases,
any | 12 |
| person practicing or offering to practice advanced,
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| professional, or practical
nursing in Illinois shall submit | 14 |
| evidence that he or she is qualified to
practice, and shall be | 15 |
| licensed as provided under this Act. No person shall
practice | 16 |
| or offer to practice advanced, professional, or practical |
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| nursing in Illinois or
use any title, sign, card or device to | 2 |
| indicate that such a person is
practicing professional or | 3 |
| practical nursing unless such person has been
licensed under | 4 |
| the provisions of this Act.
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| (b) This Act does not prohibit the following:
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| (1) The practice of nursing in Federal employment in | 7 |
| the discharge of the
employee's duties by a person who is | 8 |
| employed by the United States
government or any bureau, | 9 |
| division or agency thereof and is a legally
qualified and | 10 |
| licensed nurse of another state or territory and not in
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| conflict with Sections 50-50, 55-10, 60-10, and 70-5 of | 12 |
| this
Act.
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| (2) Nursing that is included in the program of study by
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| students
enrolled in programs of nursing or in current | 15 |
| nurse practice update courses
approved by the Department.
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| (3) The furnishing of nursing assistance in an | 17 |
| emergency.
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| (4) The practice of nursing by a nurse who holds an | 19 |
| active license in
another state when providing services to | 20 |
| patients in Illinois during a bonafide
emergency or in | 21 |
| immediate preparation for or during interstate
transit.
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| (5) The incidental care of the sick by members of the | 23 |
| family, domestic
servants or housekeepers, or care of the | 24 |
| sick where treatment is by prayer
or spiritual means.
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| (6) Persons from being employed as unlicensed | 26 |
| assistive personnel in private homes, long term care |
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| facilities,
nurseries, schools, hospitals , or other | 2 |
| institutions.
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| (7) The practice of practical nursing by one who is a | 4 |
| licensed practical
nurse under the laws of another U.S. | 5 |
| jurisdiction and has applied in writing
to the Department, | 6 |
| in form and substance satisfactory to the Department,
for a | 7 |
| license as a licensed practical nurse and who is qualified | 8 |
| to receive
such license under this Act, until (i) the | 9 |
| expiration of 6 months after
the filing of such written | 10 |
| application, (ii) the withdrawal of such application,
or | 11 |
| (iii) the denial of such application by the Department.
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| (8) The practice of advanced practice nursing by one | 13 |
| who is an advanced practice nurse under the laws of another | 14 |
| state, territory of the United States, or country and has | 15 |
| applied in writing to the Department, in form and substance | 16 |
| satisfactory to the Department, for a license as an | 17 |
| advanced practice nurse and who is qualified to receive | 18 |
| such license under this Act, until (i) the expiration of 6 | 19 |
| months after the filing of such written application, (ii) | 20 |
| the withdrawal of such application, or (iii) the denial of | 21 |
| such application by the Department.
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| (9) The practice of professional nursing by one who is | 23 |
| a registered
professional nurse under the laws of another | 24 |
| state, territory of the United
States or country and has | 25 |
| applied in writing to the Department, in form and
substance | 26 |
| satisfactory to the Department, for a license as a |
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| registered
professional nurse and who is qualified to | 2 |
| receive such license under
Section 55-10, until (1) the | 3 |
| expiration of 6 months after the filing of
such written | 4 |
| application, (2) the withdrawal of such application, or (3)
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| the denial of such application by the Department.
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| (10) The practice of professional nursing that is | 7 |
| included in a program of
study by one who is a registered | 8 |
| professional nurse under the laws of
another state or | 9 |
| territory of the United States or foreign country,
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| territory or province and who is enrolled in a graduate | 11 |
| nursing education
program or a program for the completion | 12 |
| of a baccalaureate nursing degree in
this State, which | 13 |
| includes clinical supervision by faculty as
determined by | 14 |
| the educational institution offering the program and the
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| health care organization where the practice of nursing | 16 |
| occurs.
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| (11) Any person licensed in this State under any other | 18 |
| Act from engaging
in the practice for which she or he is | 19 |
| licensed.
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| (12) Delegation to authorized direct care staff | 21 |
| trained under Section 15.4
of the Mental Health and
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| Developmental Disabilities Administrative Act consistent | 23 |
| with the policies of the Department.
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| (13) Nothing in this Act shall be construed to limit the | 25 |
| delegation of tasks or duties by a physician, dentist, or | 26 |
| podiatrist to a licensed practical nurse, a registered |
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| professional nurse, or other persons.
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| (Source: P.A. 95-639, eff. 10-5-07; revised 12-7-07.)
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| (225 ILCS 65/50-80 new)
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| Sec. 50-80. First aid, emergency care, and cardiopulmonary | 5 |
| resuscitation. Nothing in this Act prevents a licensed | 6 |
| practical nurse, a registered professional nurse, a school | 7 |
| nurse, or an advanced practice nurse from teaching or training | 8 |
| other persons in first aid, emergency care, or cardiopulmonary | 9 |
| resuscitation. | 10 |
| (225 ILCS 65/60-45 new) | 11 |
| Sec. 60-45. School nurses. | 12 |
| (a) "School nurse" means a licensed registered | 13 |
| professional nurse certified by the State Board of Education | 14 |
| pursuant to Section 21-25 of the School Code as a certified | 15 |
| school nurse or any noncertified registered professional | 16 |
| nurses employed by a school district to perform professional | 17 |
| nursing services. School nursing is a unique field of nursing | 18 |
| with unique challenges. School nurses have the ability to | 19 |
| practice within the scope of practice of a registered | 20 |
| professional nurse under this Act. | 21 |
| (b) School nurses may administer and supervise the | 22 |
| administration of medications or care that need to be | 23 |
| administered in school or during school activities as | 24 |
| authorized under Section 22-30 of the School Code. |
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| (c) Notwithstanding the provisions of subsection (c) of | 2 |
| Section 50-75 of this Act, school nurses may authorize persons | 3 |
| trained pursuant to Section 10-22.21b of the School Code to | 4 |
| carry out a health care management plan, including | 5 |
| administration of medications. | 6 |
| (d) Notwithstanding any other rulemaking authority that | 7 |
| may exist, neither the Governor nor any agency or agency head | 8 |
| under the jurisdiction of the Governor has any authority to | 9 |
| make or promulgate rules to implement or enforce the provisions | 10 |
| of this amendatory Act of the 95th General Assembly. If, | 11 |
| however, the Governor believes that rules are necessary to | 12 |
| implement or enforce the provisions of this amendatory Act of | 13 |
| the 95th General Assembly, the Governor may suggest rules to | 14 |
| the General Assembly by filing them with the Clerk of the House | 15 |
| and the Secretary of the Senate and by requesting that the | 16 |
| General Assembly authorize such rulemaking by law, enact those | 17 |
| suggested rules into law, or take any other appropriate action | 18 |
| in the General Assembly's discretion. Nothing contained in this | 19 |
| amendatory Act of the 95th General Assembly shall be | 20 |
| interpreted to grant rulemaking authority under any other | 21 |
| Illinois statute where such authority is not otherwise | 22 |
| explicitly given. For the purposes of this amendatory Act of | 23 |
| the 95th General Assembly, "rules" is given the meaning | 24 |
| contained in Section 1-70 of the Illinois Administrative | 25 |
| Procedure Act, and "agency" and "agency head" are given the | 26 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such | 2 |
| definitions apply to agencies or agency heads under the | 3 |
| jurisdiction of the Governor. | 4 |
| Section 10. The School Code is amended by changing Sections | 5 |
| 10-20.14b and 10-22.21b as follows:
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| (105 ILCS 5/10-20.14b) (from Ch. 122, par. 10-20.14b)
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| Sec. 10-20.14b. Medications policy. To develop a policy for | 8 |
| administration
of medications in
schools, which includes | 9 |
| health care management plans under Section 10-22.21b of this | 10 |
| Code, to
furnish a copy of the policy to the parents or | 11 |
| guardians of each pupil
within 15 days after the beginning of | 12 |
| each
school year,
or within 15 days after starting classes for | 13 |
| a pupil who transfers into the
district,
and
to require that | 14 |
| each school informs its
pupils of the contents of its policy.
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| (Source: P.A. 90-789, eff. 8-14-98.)
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| (105 ILCS 5/10-22.21b) (from Ch. 122, par. 10-22.21b)
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| Sec. 10-22.21b. Administering medication and health care | 18 |
| management plans . | 19 |
| (a) To provide for the
administration of medication to | 20 |
| students. It shall be the policy of the
State of Illinois that | 21 |
| the administration of medication to students during
regular | 22 |
| school hours and during school-related activities should be
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| discouraged unless absolutely necessary for the critical |
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| health and
well-being of the student. | 2 |
| (b) Under no circumstances shall
teachers or other | 3 |
| non-administrative school employees, except certified
school | 4 |
| nurses , and non-certificated registered professional nurses, | 5 |
| and designated health care aides as defined in subsection (c) | 6 |
| of this Section, be
required
to administer medication to | 7 |
| students. | 8 |
| (c) When a pupil needs to receive medications or care in | 9 |
| school or during school activities, a health care management | 10 |
| plan must be established. A parent or guardian for any student | 11 |
| who seeks assistance with care in the school setting must | 12 |
| submit a signed request for a health care management plan. | 13 |
| A health care management plan must be submitted to the | 14 |
| school at one of the following times: before or at the | 15 |
| beginning of the school year; upon enrollment of a student in | 16 |
| need of a plan, if the student enrolls in the school after the | 17 |
| beginning of the school year; as soon as practicable following | 18 |
| a student's diagnosis; or when a student's care needs change | 19 |
| during the school year. The request for a health care | 20 |
| management plan must be accompanied by proof of diagnosis of a | 21 |
| condition or illness necessitating assistance and any | 22 |
| prescription or prescriptions, including the name of the | 23 |
| medication and the method of administration. Proof shall | 24 |
| consist of a statement from a physician licensed to practice | 25 |
| medicine in all its branches on the physician's letterhead, an | 26 |
| advanced practice registered nurse with a collaborative |
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| agreement authorizing these services on practice letterhead, | 2 |
| or a physician assistant with authority to provide these | 3 |
| services authorized by a supervising physician on practice | 4 |
| letterhead. The principal and parent or guardian must develop | 5 |
| any health care management plan. The statement must provide the | 6 |
| diagnosis, list of any medications, dosage, frequency and time | 7 |
| of administration, and administration route or other | 8 |
| directions. The principal and parent or guardian and any | 9 |
| designated health care aide to provide services shall sign the | 10 |
| health care management plan. A copy of the health care | 11 |
| management plan must be provided to the parent or guardian, the | 12 |
| appropriate designated health care aide, and the school nurse, | 13 |
| if available. | 14 |
| The services and accommodations specified in a health care | 15 |
| management plan must be reasonable, reflect the current | 16 |
| standards of care, and include appropriate safeguards to ensure | 17 |
| that any health care supplies, including, but not limited to, | 18 |
| syringes and lancets, are disposed of properly. | 19 |
| A school nurse or a designated health care aide shall | 20 |
| provide health care for a student under this subsection (c) | 21 |
| only after a student's parent or guardian submits a written | 22 |
| request for assistance and signs a health care management plan | 23 |
| with the school. | 24 |
| Designated health care aides are individuals who assist in | 25 |
| carrying out health care management plans in accordance with | 26 |
| the following: |
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| (1) In the absence of a full-time school nurse, a | 2 |
| school principal shall appoint a designated health care | 3 |
| aide to perform the tasks necessary to assist a student in | 4 |
| accordance with his or her health care management plan. A | 5 |
| school nurse assigned to the school and the principal must | 6 |
| be notified, in writing, of each and every time any | 7 |
| intervention under the plan is made. Parents must also be | 8 |
| notified, unless notification is waived in writing. | 9 |
| Interventions must be in accordance with standardized | 10 |
| protocols, adopted by the Department of Human Services' | 11 |
| school health program and approved by the Board of Nursing | 12 |
| based on nationally accepted standards for the treatment of | 13 |
| each specific diagnosis. The minimum standardized protocol | 14 |
| for diabetes management is set forth in subdivision (2) of | 15 |
| this subsection (c). | 16 |
| (2) With respect to the diabetes management protocol, | 17 |
| training of a designated health care aide must include all | 18 |
| of the following: | 19 |
| (A) The details of a student's diabetes management | 20 |
| plan. | 21 |
| (B) How to test blood glucose and record results. | 22 |
| (C) How to recognize and respond to the symptoms of | 23 |
| hypoglycemia. | 24 |
| (D) How to recognize and respond to the symptoms of | 25 |
| hyperglycemia. | 26 |
| (E) What to do in an emergency, including how to |
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| administer glucagon. | 2 |
| (F) How to prepare and administer insulin | 3 |
| according to the device identified in the student's | 4 |
| diabetes management plan and keep a record of the | 5 |
| amount administered. | 6 |
| (G) How carbohydrates, physical activity, and | 7 |
| other factors affect blood glucose levels and how to | 8 |
| respond when blood glucose levels are outside the | 9 |
| target ranges specified in the student's diabetes | 10 |
| management plan. | 11 |
| A student with diabetes must be permitted to do the | 12 |
| following: | 13 |
| (i) perform blood glucose tests as needed; | 14 |
| (ii) administer insulin with the insulin delivery | 15 |
| system used by the student; | 16 |
| (iii) treat hypoglycemia and hyperglycemia and | 17 |
| otherwise attend to the care and management of his or | 18 |
| her diabetes in the classroom, in any area of the | 19 |
| school or school grounds, and at any school-related | 20 |
| activity or event; and | 21 |
| (iv) possess on his or her person, at all times, | 22 |
| the supplies and equipment necessary to monitor and | 23 |
| treat diabetes, including, but not limited to, | 24 |
| glucometers, lancets, test strips, insulin, syringes, | 25 |
| insulin pens and needle tips, insulin pumps, infusion | 26 |
| sets, alcohol swabs, a glucagon injection kit, glucose |
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| tablets, and food. | 2 |
| (3) If a school nurse is assigned to a school, the | 3 |
| school nurse shall coordinate the training of designated | 4 |
| health care aides. If a school nurse is not assigned to a | 5 |
| school, the principal shall coordinate the training of | 6 |
| designated health care aides in accordance with | 7 |
| standardized protocols. Training may be provided by a | 8 |
| physician licensed to practice medicine in all its | 9 |
| branches, a licensed advanced practice nurse, a licensed | 10 |
| physician assistant, or a licensed registered nurse with | 11 |
| expertise in the conditions or illness generally occurring | 12 |
| in the school-age population. In addition, training may be | 13 |
| provided by the parent or guardian of the student. | 14 |
| (4) Designated health care aides shall serve under the | 15 |
| supervision of the principal. | 16 |
| (5) A school employee must not be subject to any | 17 |
| penalty, sanction, or other disciplinary action for | 18 |
| refusing to serve as a designated health care aide. | 19 |
| (6) Training must be provided annually and may be | 20 |
| provided as part of in-service training. | 21 |
| (7) Training may be provided for other school employees | 22 |
| who are not currently serving as designated health care | 23 |
| aides, at the discretion of the principal. | 24 |
| (8) The principal shall ensure the school has at least | 25 |
| one designated health care aide or one full-time nurse | 26 |
| assigned to the school and available during school hours. |
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| The principal or school nurse, should one be assigned | 2 |
| full-time to a school, shall maintain a copy of the | 3 |
| training records. | 4 |
| A school shall provide a one-page information sheet to each | 5 |
| employee providing transportation for a student with a health | 6 |
| care management plan or supervising a student with a plan | 7 |
| during a school-sponsored activity. The information sheet | 8 |
| shall do the following: | 9 |
| (I) identify the student's condition; | 10 |
| (II) identify potential emergencies that may occur as a | 11 |
| result of the student's condition and the appropriate | 12 |
| responses to such emergencies; and | 13 |
| (III) provide emergency contact information for the | 14 |
| student's parent or guardian. | 15 |
| A school district may not restrict the assignment of a | 16 |
| student with a health care management plan to a particular | 17 |
| school on the basis that the school does not have a full-time | 18 |
| nurse or the required designated health care aides, nor may a | 19 |
| school deny access to a student on the basis that a student has | 20 |
| been diagnosed with a condition or illness requiring a health | 21 |
| care management plan.
A school or a school employee is not | 22 |
| liable for civil or other damages as a result of conduct, other | 23 |
| than willful or wanton misconduct, related to the care of a | 24 |
| student in accordance with a heath care management plan under | 25 |
| this subsection (c). | 26 |
| A school employee must not be subject to any disciplinary |
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| proceeding resulting from an action taken in compliance with | 2 |
| this subsection (c), unless the action constitutes willful or | 3 |
| wanton misconduct, as long as the provisions of this subsection | 4 |
| (c) are met. | 5 |
| The State Board of Education may adopt standardized forms | 6 |
| for the convenience of parents and schools, but no rules are | 7 |
| necessary to implement this subsection (c). | 8 |
| (d) This
Section shall not prohibit a school district from | 9 |
| adopting guidelines for
self-administration of medication by | 10 |
| students. | 11 |
| (e) This Section shall not
prohibit any school employee or | 12 |
| volunteer from providing emergency assistance to students.
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| (f) Notwithstanding any other rulemaking authority that | 14 |
| may exist, neither the Governor nor any agency or agency head | 15 |
| under the jurisdiction of the Governor has any authority to | 16 |
| make or promulgate rules to implement or enforce the provisions | 17 |
| of this amendatory Act of the 95th General Assembly. If, | 18 |
| however, the Governor believes that rules are necessary to | 19 |
| implement or enforce the provisions of this amendatory Act of | 20 |
| the 95th General Assembly, the Governor may suggest rules to | 21 |
| the General Assembly by filing them with the Clerk of the House | 22 |
| and the Secretary of the Senate and by requesting that the | 23 |
| General Assembly authorize such rulemaking by law, enact those | 24 |
| suggested rules into law, or take any other appropriate action | 25 |
| in the General Assembly's discretion. Nothing contained in this | 26 |
| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other | 2 |
| Illinois statute where such authority is not otherwise | 3 |
| explicitly given. For the purposes of this amendatory Act of | 4 |
| the 95th General Assembly, "rules" is given the meaning | 5 |
| contained in Section 1-70 of the Illinois Administrative | 6 |
| Procedure Act, and "agency" and "agency head" are given the | 7 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 8 |
| Administrative Procedure Act to the extent that such | 9 |
| definitions apply to agencies or agency heads under the | 10 |
| jurisdiction of the Governor. | 11 |
| (Source: P.A. 91-719, eff. 6-2-00.)
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| Section 85. Federal law. Nothing in this Act shall limit | 13 |
| any rights available under federal law. Notwithstanding any | 14 |
| other provision in this Act, accommodations established in | 15 |
| either an Individualized Education Program pursuant to 20 | 16 |
| U.S.C. 1400 et seq. or a Section 504 plan pursuant to 29 U.S.C. | 17 |
| 794 et seq. shall control over the provisions of a health care | 18 |
| medical management plan. | 19 |
| Section 90. The State Mandates Act is amended by adding | 20 |
| Section 8.32 as follows: | 21 |
| (30 ILCS 805/8.32 new) | 22 |
| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | 23 |
| of this Act, no reimbursement by the State is required for the |
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| implementation of any mandate created by this amendatory Act of | 2 |
| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect June 30, | 4 |
| 2008.".
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