Full Text of SB0851 96th General Assembly
SB0851enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 3. The Mental Health and Developmental | 5 |
| Disabilities Code is amended by changing Section 1-122 as | 6 |
| follows: | 7 |
| (405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122) | 8 |
| Sec. 1-122. Qualified examiner. "Qualified examiner" means | 9 |
| a person
who is: | 10 |
| (a) a Clinical
social worker as defined in this Act, | 11 |
| (b) a registered nurse with
a master's degree in | 12 |
| psychiatric nursing who has 3 years of clinical
training and | 13 |
| experience in the evaluation and treatment
of mental illness | 14 |
| which has been acquired subsequent to any training
and | 15 |
| experience which constituted a part of the degree program, or | 16 |
| (c) a
licensed
clinical professional counselor with a | 17 |
| master's or doctoral degree in
counseling or psychology or a | 18 |
| similar master's or doctorate program from a
regionally | 19 |
| accredited institution who has at least 3 years of supervised
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| postmaster's clinical professional counseling experience
that | 21 |
| includes the
provision of mental health services for the | 22 |
| evaluation, treatment, and
prevention of mental and emotional | 23 |
| disorders , or . |
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| (d) a licensed marriage and family therapist with a | 2 |
| master's or doctoral degree in marriage and family therapy from | 3 |
| a regionally accredited educational institution or a similar | 4 |
| master's program or from a program accredited by either the | 5 |
| Commission on Accreditation for Marriage and Family Therapy or | 6 |
| the Commission on Accreditation for Counseling Related | 7 |
| Educational Programs, who has at least 3 years of supervised | 8 |
| post-master's experience as a marriage and family therapist | 9 |
| that includes the provision of mental health services for the | 10 |
| evaluation, treatment, and prevention of mental and emotional | 11 |
| disorders. | 12 |
| A social worker who is a qualified examiner shall be a | 13 |
| licensed clinical
social worker under the Clinical Social Work | 14 |
| and Social Work Practice Act. | 15 |
| (Source: P.A. 91-536, eff. 1-1-00.) | 16 |
| Section 5. The Smoke Free Illinois Act is amended by | 17 |
| changing Section 35 as follows: | 18 |
| (410 ILCS 82/35) | 19 |
| Sec. 35. Exemptions. Notwithstanding any other provision | 20 |
| of this Act, smoking is allowed in the following areas: | 21 |
| (1) Private residences or dwelling places, except when | 22 |
| used as a child care, adult day care, or healthcare | 23 |
| facility or any other home-based business open to the | 24 |
| public. |
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| (2) Retail tobacco stores as defined in Section 10 of | 2 |
| this Act in operation prior to the effective date of this | 3 |
| amendatory Act of the 95th General Assembly. The retail | 4 |
| tobacco store shall annually file with the Department by | 5 |
| January 31st an affidavit stating the percentage of its | 6 |
| gross income during the prior calendar year that was | 7 |
| derived from the sale of loose tobacco, plants, or herbs | 8 |
| and cigars, cigarettes, pipes, or other smoking devices for | 9 |
| smoking tobacco and related smoking accessories. Any | 10 |
| retail tobacco store that begins operation after the | 11 |
| effective date of this amendatory Act may only qualify for | 12 |
| an exemption if located in a freestanding structure | 13 |
| occupied solely by the business and smoke from the business | 14 |
| does not migrate into an enclosed area where smoking is | 15 |
| prohibited. | 16 |
| (3) (Blank). Private and semi-private rooms in nursing | 17 |
| homes and long-term care facilities that are occupied by | 18 |
| one or more persons, all of whom are smokers and have | 19 |
| requested in writing to be placed or to remain in a room | 20 |
| where smoking is permitted and the smoke shall not | 21 |
| infiltrate other areas of the nursing home. | 22 |
| (4) Hotel and motel sleeping rooms that are rented to | 23 |
| guests and are designated as smoking rooms, provided that | 24 |
| all smoking rooms on the same floor must be contiguous and | 25 |
| smoke from these rooms must not infiltrate into nonsmoking | 26 |
| rooms or other areas where smoking is prohibited. Not more |
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| than 25% of the rooms rented to guests in a hotel or motel | 2 |
| may be designated as rooms where smoking is allowed. The | 3 |
| status of rooms as smoking or nonsmoking may not be | 4 |
| changed, except to permanently add additional nonsmoking | 5 |
| rooms. | 6 |
| (5) Enclosed laboratories that are excluded from the | 7 |
| definition of "place of employment" in Section 10 of this | 8 |
| Act. Rulemaking authority to implement this amendatory Act | 9 |
| of the 95th General Assembly, if any, is conditioned on the | 10 |
| rules being adopted in accordance with all provisions of | 11 |
| the Illinois Administrative Procedure Act and all rules and | 12 |
| procedures of the Joint Committee on Administrative Rules; | 13 |
| any purported rule not so adopted, for whatever reason, is | 14 |
| unauthorized. | 15 |
| (6) Common smoking rooms in long-term care facilities
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| operated under the authority of the Illinois Department of
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| Veterans' Affairs or licensed under the Nursing Home Care | 18 |
| Act that are accessible only to residents who
are smokers | 19 |
| and have requested in writing to have access to
the common | 20 |
| smoking room where smoking is permitted and the
smoke shall | 21 |
| not infiltrate other areas of the long-term care facility. | 22 |
| Rulemaking authority to implement this amendatory Act of | 23 |
| the 95th General Assembly, if any, is conditioned on the | 24 |
| rules being adopted in accordance with all provisions of | 25 |
| the Illinois Administrative Procedure Act and all rules and | 26 |
| procedures of the Joint Committee on Administrative Rules; |
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| any purported rule not so adopted, for whatever reason, is | 2 |
| unauthorized. | 3 |
| (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)
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