Full Text of HB4100 100th General Assembly
HB4100ham001 100TH GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 4/6/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4100
| 2 | | AMENDMENT NO. ______. Amend House Bill 4100 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Health Care Violence Prevention Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Health care worker" means a person licensed under the | 8 | | Nurse Practice Act, the Medical Practice Act of 1987, the | 9 | | Pharmacy Practice Act, and the Physician Assistant Practice Act | 10 | | of 1987. | 11 | | "Nurse" means a person who is licensed to practice nursing | 12 | | under the Nurse Practice Act. | 13 | | "Retail health care facility" means an institution, place, | 14 | | or building, or any portion thereof, that: | 15 | | (1) is devoted to the maintenance and operation of a | 16 | | facility for the performance of health care services and is |
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| 1 | | located within a retail store at a specific location; | 2 | | (2) does not provide surgical services or any form of | 3 | | general anesthesia; | 4 | | (3) does not provide beds or other accommodations for | 5 | | either the long-term or overnight stay of patients; and | 6 | | (4) discharges individual patients in an ambulatory | 7 | | condition without danger to the continued well-being of the | 8 | | patients and transfers non-ambulatory patients to | 9 | | hospitals. | 10 | | "Retail health care facility" does not include hospitals, | 11 | | long-term care facilities, ambulatory treatment centers, blood | 12 | | banks, clinical laboratories, offices of physicians, advanced | 13 | | practice registered nurses, podiatrists, and physician | 14 | | assistants, and pharmacies that provide limited health care | 15 | | services. | 16 | | Section 10. Application. This Act applies to a retail | 17 | | health care facility, a hospital or facility subject to the | 18 | | Hospital Licensing Act, the University of Illinois Hospital | 19 | | Act, the MC/DD Act, or the ID/DD Community Care Act, and a | 20 | | veterans home as defined in the Department of Veterans Affairs | 21 | | Act. | 22 | | This Act does not apply to an owner of an institution, | 23 | | place, building, or any portion of the institution, place, or | 24 | | building, who directly or indirectly leases space that is used | 25 | | by the lessee to operate a retail health care facility. |
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| 1 | | Section 15. Workplace safety. | 2 | | (a) A nurse that contacts law enforcement or files a | 3 | | complaint against a patient or individual because of workplace | 4 | | violence shall provide notice to management of the retail | 5 | | health care facility, hospital, facility licensed under the | 6 | | MC/DD Act or ID/DD Community Care Act, or veterans home in | 7 | | which he or she is employed within 3 days after contacting law | 8 | | enforcement or filing the complaint. | 9 | | (b) No management of a retail health care facility, | 10 | | hospital, facility licensed under the MC/DD Act or ID/DD | 11 | | Community Care Act, or veterans home may discourage a health | 12 | | care worker from exercising his or her right to contact law | 13 | | enforcement or file a complaint because of workplace violence. | 14 | | (c) A retail health care facility, hospital, facility | 15 | | licensed under the MC/DD Act or ID/DD Community Care Act, or | 16 | | veterans home that employs a nurse licensed under the Nurse | 17 | | Practice Act shall display a notice stating that verbal | 18 | | aggression will not be tolerated and physical assault will be | 19 | | prosecuted to the fullest extent of the law. | 20 | | (d) The retail health care facility, hospital, facility | 21 | | licensed under the MC/DD Act or ID/DD Community Care Act, or | 22 | | veterans home shall offer mental health services for a health | 23 | | care worker that is a victim of workplace violence. | 24 | | Section 20. Workplace violence prevention program. |
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| 1 | | (a) A retail health care facility, hospital, facility | 2 | | licensed under the MC/DD Act or ID/DD Community Care Act, or | 3 | | veterans home shall create a workplace violence prevention | 4 | | program that references Occupational Safety and Health | 5 | | Administration guidelines for preventing workplace violence | 6 | | for health care and social service workers and includes: | 7 | | (1) the following text: "Workplace violence is any act | 8 | | or threat of physical violence, harassment, intimidation, | 9 | | or other threatening disruptive behavior that occurs at the | 10 | | work site. It ranges from threats and verbal abuse to | 11 | | physical assaults and even homicide. It can affect and | 12 | | involve employees, clients, customers and visitors."; | 13 | | (2) the following classifications of workplace | 14 | | violence as one of 4 possible types: | 15 | | (A) "Type 1 violence" means workplace violence | 16 | | committed by a person who has no legitimate business at | 17 | | the work site and includes violent acts by anyone who | 18 | | enters the workplace with the intent to commit a crime. | 19 | | (B) "Type 2 violence" means workplace violence | 20 | | directed at employees by customers, clients, patients, | 21 | | students, inmates, visitors, or other individuals | 22 | | accompanying a patient. | 23 | | (C) "Type 3 violence" means workplace violence | 24 | | against an employee by a present or former employee, | 25 | | supervisor, or manager. | 26 | | (D) "Type 4 violence" means workplace violence |
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| 1 | | committed in the workplace by someone who does not work | 2 | | there, but has or is known to have had a personal | 3 | | relationship with an employee. | 4 | | (3) management commitment and worker participation, | 5 | | including, but not limited to, nurses; | 6 | | (4) worksite analysis and identification of potential | 7 | | hazards; | 8 | | (5) hazard prevention and control; | 9 | | (6) safety and health training with required hours | 10 | | determined by rule; and | 11 | | (7) recordkeeping and evaluation of the violence | 12 | | prevention program. | 13 | | The development of a workplace violence prevention program | 14 | | shall include, but not be limited to, the recommendations of | 15 | | the Occupational Safety and Health Administration guidelines | 16 | | for preventing workplace violence for health care and social | 17 | | service workers. The Department of Public Health and the | 18 | | Department of Veterans' Affairs may by rule adopt additional | 19 | | criteria for workplace violence prevention programs. | 20 | | Section 25. Whistleblower protection. | 21 | | (a) In this Section, "retaliatory action" means the | 22 | | reprimand, discharge, suspension, demotion, denial of | 23 | | promotion or transfer, or change in the terms and conditions of | 24 | | employment of any nurse employed by a retail health care | 25 | | facility, hospital, facility licensed under the MC/DD Act or |
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| 1 | | ID/DD Community Care Act, or veterans home that is taken in | 2 | | retaliation for the nurse's involvement in a protected activity | 3 | | as set forth in paragraphs (1) through (4) of
subsection (b). | 4 | | (b) A retail health care facility, hospital, facility | 5 | | licensed under the MC/DD Act or ID/DD Community Care Act, or | 6 | | veterans home may not take any retaliatory action against a | 7 | | nurse employed by the retail health care facility, hospital, | 8 | | facility licensed under the MC/DD Act or ID/DD Community Care | 9 | | Act, or veterans home because the nurse does any of the | 10 | | following: | 11 | | (1) discloses or threatens to disclose to a supervisor | 12 | | or to a public body an activity, policy, or practice | 13 | | implemented by or inaction by a retail health care | 14 | | facility, hospital, facility licensed under the MC/DD Act | 15 | | or ID/DD Community Care Act, or veterans home that the | 16 | | nurse reasonably believes is in violation of a law, rule, | 17 | | or regulation; | 18 | | (2) provides information to or testifies before any | 19 | | public body conducting an investigation, hearing, or | 20 | | inquiry into any violation of a law, rule, or regulation by | 21 | | a retail health care facility, hospital, facility licensed | 22 | | under the MC/DD Act or ID/DD Community Care Act, or | 23 | | veterans home; | 24 | | (3) files a complaint against a patient or individual | 25 | | for assault that took place while working as a nurse in the | 26 | | retail health care facility, hospital, facility licensed |
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| 1 | | under the MC/DD Act or ID/DD Community Care Act, or | 2 | | veterans home; or | 3 | | (4) assists or participates in a proceeding to enforce | 4 | | the provisions of this Act. | 5 | | (c) A violation of this Section may be established only | 6 | | upon a finding that (i) the nurse employed by the retail health | 7 | | care facility, hospital, facility licensed under the MC/DD Act | 8 | | or ID/DD Community Care Act, or veterans home engaged in | 9 | | conduct described in subsection (b) of this Section, and (ii) | 10 | | this conduct was a contributing factor in the retaliatory | 11 | | action alleged by the nurse. There is no violation of this | 12 | | Section, however, if the retail health care facility, hospital, | 13 | | facility licensed under the MC/DD Act or ID/DD Community Care | 14 | | Act, or veterans home demonstrates by clear and convincing | 15 | | evidence that it would have taken the same unfavorable | 16 | | personnel action in the absence of that conduct. | 17 | | (d) The nurse employed by the retail health care facility, | 18 | | hospital, facility licensed under the MC/DD Act or ID/DD | 19 | | Community Care Act, or veterans home may be awarded all | 20 | | remedies necessary to make the nurse whole and to prevent | 21 | | future violations of this Section. Remedies imposed by the | 22 | | court may include, but are not limited to, all of the | 23 | | following: | 24 | | (1) Reinstatement of the nurse to either the same | 25 | | position held before the retaliatory action or to an | 26 | | equivalent position. |
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| 1 | | (2) Two times the amount of back pay. | 2 | | (3) Interest on the back pay. | 3 | | (4) Reinstatement of full fringe benefits and
| 4 | | seniority rights. | 5 | | (5) Payment of reasonable costs and attorney's fees. | 6 | | (f) Nothing in this Section shall be deemed to diminish the | 7 | | rights, privileges, or remedies of a nurse employed by a retail | 8 | | health care facility, hospital, facility licensed under the | 9 | | MC/DD Act or ID/DD Community Care Act, or veterans home under | 10 | | any other federal or State law, rule, or regulation or under | 11 | | any employment contract.
| 12 | | Section 90. The Department of Veterans Affairs Act is | 13 | | amended by changing Section 2.07 as follows:
| 14 | | (20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)
| 15 | | Sec. 2.07. The Department shall employ and maintain | 16 | | sufficient and
qualified staff at the veterans' homes (i) to | 17 | | fill all beds, subject to appropriation, and (ii) to
fulfill | 18 | | the requirements of this Act. The Department shall report to
| 19 | | the General Assembly, by January 1 and July 1 of each year, the | 20 | | number of
staff employed in providing direct patient care at | 21 | | their veterans' homes,
the compliance or noncompliance with | 22 | | staffing standards established by the
United States Department | 23 | | of Veterans Affairs for
such care, and in the event of
| 24 | | noncompliance with such standards, the number of staff required |
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| 1 | | for compliance. For purposes of this Section, a nurse who has a | 2 | | license application pending with the State shall not be deemed | 3 | | unqualified by the Department if the nurse is in compliance | 4 | | with Section 50-15 of the Nurse Practice Act.
| 5 | | A veterans home is subject to the Health Care Violence | 6 | | Prevention Act. | 7 | | (Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)
| 8 | | Section 95. The University of Illinois Hospital Act is | 9 | | amended by adding Section 10 as follows: | 10 | | (110 ILCS 330/10 new) | 11 | | Sec. 10. Compliance with the Health Care Violence | 12 | | Prevention Act. The University of Illinois Hospital shall | 13 | | comply with the Health Care Violence Prevention Act. | 14 | | Section 100. The MC/DD Act is amended by adding Section | 15 | | 2-219 as follows: | 16 | | (210 ILCS 46/2-219 new) | 17 | | Sec. 2-219. Compliance with the Health Care Violence | 18 | | Prevention Act. A facility licensed under this Act shall comply | 19 | | with the Health Care Violence Prevention Act. | 20 | | Section 105. The ID/DD Community Care Act is amended by | 21 | | adding Section 2-219 as follows: |
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| 1 | | (210 ILCS 47/2-219 new) | 2 | | Sec. 2-219. Compliance with the Health Care Violence | 3 | | Prevention Act. A facility licensed under this Act shall comply | 4 | | with the Health Care Violence Prevention Act. | 5 | | Section 110. The Hospital Licensing Act is amended by | 6 | | adding Section 9.8 as follows: | 7 | | (210 ILCS 85/9.8 new) | 8 | | Sec. 9.8. Compliance with the Health Care Violence | 9 | | Prevention Act. A hospital licensed under this Act shall comply | 10 | | with the Health Care Violence Prevention Act. | 11 | | Section 115. The Unified Code of Corrections is amended by | 12 | | changing Section 3-6-2 as follows: | 13 | | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | 14 | | Sec. 3-6-2. Institutions and Facility Administration.
| 15 | | (a) Each institution and facility of the Department shall | 16 | | be
administered by a chief administrative officer appointed by
| 17 | | the Director. A chief administrative officer shall be
| 18 | | responsible for all persons assigned to the institution or
| 19 | | facility. The chief administrative officer shall administer
| 20 | | the programs of the Department for the custody and treatment
of | 21 | | such persons.
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| 1 | | (b) The chief administrative officer shall have such | 2 | | assistants
as the Department may assign.
| 3 | | (c) The Director or Assistant Director shall have the
| 4 | | emergency powers to temporarily transfer individuals without
| 5 | | formal procedures to any State, county, municipal or regional
| 6 | | correctional or detention institution or facility in the State,
| 7 | | subject to the acceptance of such receiving institution or
| 8 | | facility, or to designate any reasonably secure place in the
| 9 | | State as such an institution or facility and to make transfers
| 10 | | thereto. However, transfers made under emergency powers shall
| 11 | | be reviewed as soon as practicable under Article 8, and shall
| 12 | | be subject to Section 5-905 of the Juvenile Court Act of
1987. | 13 | | This Section shall not apply to transfers to the Department of
| 14 | | Human Services which are provided for under
Section 3-8-5 or | 15 | | Section 3-10-5.
| 16 | | (d) The Department shall provide educational programs for | 17 | | all
committed persons so that all persons have an opportunity | 18 | | to
attain the achievement level equivalent to the completion of
| 19 | | the twelfth grade in the public school system in this State.
| 20 | | Other higher levels of attainment shall be encouraged and
| 21 | | professional instruction shall be maintained wherever | 22 | | possible.
The Department may establish programs of mandatory | 23 | | education and may
establish rules and regulations for the | 24 | | administration of such programs.
A person committed to the | 25 | | Department who, during the period of his or her
incarceration, | 26 | | participates in an educational program provided by or through
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| 1 | | the Department and through that program is awarded or earns the | 2 | | number of
hours of credit required for the award of an | 3 | | associate, baccalaureate, or
higher degree from a community | 4 | | college, college, or university located in
Illinois shall | 5 | | reimburse the State, through the Department, for the costs
| 6 | | incurred by the State in providing that person during his or | 7 | | her incarceration
with the education that qualifies him or her | 8 | | for the award of that degree. The
costs for which reimbursement | 9 | | is required under this subsection shall be
determined and | 10 | | computed by the Department under rules and regulations that
it | 11 | | shall establish for that purpose. However, interest at the rate | 12 | | of 6%
per annum shall be charged on the balance of those costs | 13 | | from time to time
remaining unpaid, from the date of the | 14 | | person's parole, mandatory supervised
release, or release | 15 | | constituting a final termination of his or her commitment
to | 16 | | the Department until paid.
| 17 | | (d-5) A person committed to the Department is entitled to | 18 | | confidential testing for infection with human immunodeficiency | 19 | | virus (HIV) and to counseling in connection with such testing, | 20 | | with no copay to the committed person. A person committed to | 21 | | the Department who has tested positive for infection with HIV | 22 | | is entitled to medical care while incarcerated, counseling, and | 23 | | referrals to support services, in connection with that positive | 24 | | test result. Implementation of this subsection (d-5) is subject | 25 | | to appropriation.
| 26 | | (e) A person committed to the Department who becomes in |
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| 1 | | need
of medical or surgical treatment but is incapable of | 2 | | giving
consent thereto shall receive such medical or surgical | 3 | | treatment
by the chief administrative officer consenting on the | 4 | | person's behalf.
Before the chief administrative officer | 5 | | consents, he or she shall
obtain the advice of one or more | 6 | | physicians licensed to practice medicine
in all its branches in | 7 | | this State. If such physician or physicians advise:
| 8 | | (1) that immediate medical or surgical treatment is | 9 | | required
relative to a condition threatening to cause | 10 | | death, damage or
impairment to bodily functions, or | 11 | | disfigurement; and
| 12 | | (2) that the person is not capable of giving consent to | 13 | | such treatment;
the chief administrative officer may give | 14 | | consent for such
medical or surgical treatment, and such | 15 | | consent shall be
deemed to be the consent of the person for | 16 | | all purposes,
including, but not limited to, the authority | 17 | | of a physician
to give such treatment. | 18 | | (e-5) If a physician providing medical care to a committed | 19 | | person on behalf of the Department advises the chief | 20 | | administrative officer that the committed person's mental or | 21 | | physical health has deteriorated as a result of the cessation | 22 | | of ingestion of food or liquid to the point where medical or | 23 | | surgical treatment is required to prevent death, damage, or | 24 | | impairment to bodily functions, the chief administrative | 25 | | officer may authorize such medical or surgical treatment.
| 26 | | (f) In the event that the person requires medical care and
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| 1 | | treatment at a place other than the institution or facility,
| 2 | | the person may be removed therefrom under conditions prescribed
| 3 | | by the Department.
The Department shall require the committed | 4 | | person receiving medical or dental
services on a non-emergency | 5 | | basis to pay a $5 co-payment to the Department for
each visit | 6 | | for medical or dental services. The amount of each co-payment | 7 | | shall be deducted from the
committed person's individual | 8 | | account.
A committed person who has a chronic illness, as | 9 | | defined by Department rules
and regulations, shall be exempt | 10 | | from the $5 co-payment for treatment of the
chronic illness. A | 11 | | committed person shall not be subject to a $5 co-payment
for | 12 | | follow-up visits ordered by a physician, who is employed by, or | 13 | | contracts
with, the Department. A committed person who is | 14 | | indigent is exempt from the
$5 co-payment
and is entitled to | 15 | | receive medical or dental services on the same basis as a
| 16 | | committed person who is financially able to afford the | 17 | | co-payment.
For purposes of this Section only, "indigent" means | 18 | | a committed person who has $20 or less in his or her Inmate | 19 | | Trust Fund at the time of such services and for the 30 days | 20 | | prior to such services. Notwithstanding any other provision in | 21 | | this subsection (f) to the contrary,
any person committed to | 22 | | any facility operated by the Department of Juvenile Justice, as | 23 | | set
forth in Section 3-2.5-15 of this Code, is exempt from the
| 24 | | co-payment requirement for the duration of confinement in those | 25 | | facilities.
| 26 | | (f-5) If a person receives medical care and treatment at a |
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| 1 | | place other than an institution or facility of the Department | 2 | | of Corrections, a county, or a municipality, then the | 3 | | institution or facility shall: | 4 | | (1) to the greatest extent practicable, notify the | 5 | | hospital or medical facility that is treating the person | 6 | | prior to the person's visit, particularly if the person is | 7 | | a potentially violent individual; | 8 | | (2) to the greatest extent practicable, ensure the | 9 | | transferred person is accompanied by all available medical | 10 | | records; | 11 | | (3) provide 2 guards to accompany any person determined | 12 | | by a law enforcement agency to be potentially violent or | 13 | | who has been arrested for a violent crime at all times | 14 | | during the visit to the hospital or medical facility; and | 15 | | (4) prevent anyone, except medical personnel, from | 16 | | visiting the person unless death is imminent. If death is | 17 | | imminent: | 18 | | (A) the hospital or medical facility shall follow | 19 | | the rules required by the facility or institution for | 20 | | visitation; | 21 | | (B) the name of the visitor must be listed per the | 22 | | facility's or institution's documentation; | 23 | | (C) the visitor shall submit to the search of his | 24 | | or her person or any personal property under his or her | 25 | | control at any time; | 26 | | (D) the visitor and person shall not have access to |
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| 1 | | a telephone; and | 2 | | (E) only one visitor may be allowed to meet with | 3 | | the person at a time. | 4 | | If a person receives medical care and treatment at a place | 5 | | other than an institution or facility of the Department of | 6 | | Corrections, a county, or a municipality, then the institution | 7 | | or facility shall ensure the person is wearing security | 8 | | restraints on wrists and ankles at all times. | 9 | | The hospital or medical facility shall establish protocols | 10 | | for the receipt of incarcerated persons, particularly with | 11 | | regard to potentially violent individuals. | 12 | | (f-10) If a person receives medical care and treatment at a | 13 | | place other than an institution or facility of the Department | 14 | | of Juvenile Justice, then the institution or facility shall: | 15 | | (1) to the greatest extent practicable, notify the | 16 | | hospital or medical facility that is treating the person | 17 | | prior to the person's visit, particularly if the person is | 18 | | a potentially violent individual; | 19 | | (2) to the greatest extent practicable, ensure the | 20 | | transferred person is accompanied by all available medical | 21 | | records; | 22 | | (3) to the greatest extent practicable, provide 2 | 23 | | guards to accompany the person at all times during the | 24 | | visit to the hospital or medical facility; and | 25 | | (4) prevent anyone, except medical personnel, parents, | 26 | | and legal guardians, from visiting the person if death is |
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| 1 | | not imminent. If death is imminent, anyone may visit the | 2 | | person. In any situation in which a person is being | 3 | | visited: | 4 | | (A) the hospital or medical facility shall follow | 5 | | the rules required by the facility or institution for | 6 | | visitation; | 7 | | (B) the name of the visitor must be listed per the | 8 | | facility's or institution's documentation; | 9 | | (C) the visitor shall submit to the search of his | 10 | | or her person or any personal property under his or her | 11 | | control at any time; | 12 | | (D) the visitor and person shall not have access to | 13 | | a telephone; and | 14 | | (E) only one visitor may be allowed to meet with | 15 | | the person at a time. | 16 | | If a person receives medical care and treatment at a place | 17 | | other than an institution or facility of the Department of | 18 | | Juvenile Justice, then the institution or facility shall ensure | 19 | | the person is wearing security restraints on wrists and ankles. | 20 | | The decision to restrain a juvenile by wrists and ankles shall | 21 | | be collaboratively made by the medical team and the security | 22 | | personnel, but the medical team shall make the final decision. | 23 | | The hospital or medical facility shall establish protocols | 24 | | for the receipt of incarcerated persons, particularly with | 25 | | regard to potentially violent individuals. | 26 | | (g) Any person having sole custody of a child at
the time |
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| 1 | | of commitment or any woman giving birth to a child after
her | 2 | | commitment, may arrange through the Department of Children
and | 3 | | Family Services for suitable placement of the child outside
of | 4 | | the Department of Corrections. The Director of the Department
| 5 | | of Corrections may determine that there are special reasons why
| 6 | | the child should continue in the custody of the mother until | 7 | | the
child is 6 years old.
| 8 | | (h) The Department may provide Family Responsibility | 9 | | Services which
may consist of, but not be limited to the | 10 | | following:
| 11 | | (1) family advocacy counseling;
| 12 | | (2) parent self-help group;
| 13 | | (3) parenting skills training;
| 14 | | (4) parent and child overnight program;
| 15 | | (5) parent and child reunification counseling, either | 16 | | separately or
together, preceding the inmate's release; | 17 | | and
| 18 | | (6) a prerelease reunification staffing involving the | 19 | | family advocate,
the inmate and the child's counselor, or | 20 | | both and the inmate.
| 21 | | (i) (Blank).
| 22 | | (j) Any person convicted of a sex offense as defined in the | 23 | | Sex Offender
Management Board Act shall be required to receive | 24 | | a sex offender evaluation
prior to release into the community | 25 | | from the Department of Corrections. The
sex offender evaluation | 26 | | shall be conducted in conformance with the standards
and |
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| 1 | | guidelines developed under
the Sex Offender Management Board | 2 | | Act and by an evaluator approved by the
Board.
| 3 | | (k) Any minor committed to the Department of Juvenile | 4 | | Justice
for a sex offense as defined by the Sex Offender | 5 | | Management Board Act shall be
required to undergo sex offender | 6 | | treatment by a treatment provider approved by
the Board and | 7 | | conducted in conformance with the Sex Offender Management Board
| 8 | | Act.
| 9 | | (l) Prior to the release of any inmate committed to a | 10 | | facility of the Department or the Department of Juvenile | 11 | | Justice, the Department must provide the inmate with | 12 | | appropriate information verbally, in writing, by video, or | 13 | | other electronic means, concerning HIV and AIDS. The Department | 14 | | shall develop the informational materials in consultation with | 15 | | the Department of Public Health. At the same time, the | 16 | | Department must also offer the committed person the option of | 17 | | testing for infection with human immunodeficiency virus (HIV), | 18 | | with no copayment for the test. Pre-test information shall be | 19 | | provided to the committed person and informed consent obtained | 20 | | as required in subsection (d) of Section 3 and Section 5 of the | 21 | | AIDS Confidentiality Act. The Department may conduct opt-out | 22 | | HIV testing as defined in Section 4 of the AIDS Confidentiality | 23 | | Act. If the Department conducts opt-out HIV testing, the | 24 | | Department shall place signs in English, Spanish and other | 25 | | languages as needed in multiple, highly visible locations in | 26 | | the area where HIV testing is conducted informing inmates that |
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| 1 | | they will be tested for HIV unless they refuse, and refusal or | 2 | | acceptance of testing shall be documented in the inmate's | 3 | | medical record. The Department shall follow procedures | 4 | | established by the Department of Public Health to conduct HIV | 5 | | testing and testing to confirm positive HIV test results. All | 6 | | testing must be conducted by medical personnel, but pre-test | 7 | | and other information may be provided by committed persons who | 8 | | have received appropriate training. The Department, in | 9 | | conjunction with the Department of Public Health, shall develop | 10 | | a plan that complies with the AIDS Confidentiality Act to | 11 | | deliver confidentially all positive or negative HIV test | 12 | | results to inmates or former inmates. Nothing in this Section | 13 | | shall require the Department to offer HIV testing to an inmate | 14 | | who is known to be infected with HIV, or who has been tested | 15 | | for HIV within the previous 180 days and whose documented HIV | 16 | | test result is available to the Department electronically. The
| 17 | | testing provided under this subsection (l) shall consist of a | 18 | | test approved by the Illinois Department of Public Health to | 19 | | determine the presence of HIV infection, based upon | 20 | | recommendations of the United States Centers for Disease | 21 | | Control and Prevention. If the test result is positive, a | 22 | | reliable supplemental test based upon recommendations of the | 23 | | United States Centers for Disease Control and Prevention shall | 24 | | be
administered.
| 25 | | Prior to the release of an inmate who the Department knows | 26 | | has tested positive for infection with HIV, the Department in a |
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| 1 | | timely manner shall offer the inmate transitional case | 2 | | management, including referrals to other support services.
| 3 | | (m) The chief administrative officer of each institution or | 4 | | facility of the Department shall make a room in the institution | 5 | | or facility available for addiction recovery services to be | 6 | | provided to committed persons on a voluntary basis. The | 7 | | services shall be provided for one hour once a week at a time | 8 | | specified by the chief administrative officer of the | 9 | | institution or facility if the following conditions are met: | 10 | | (1) the addiction recovery service contacts the chief | 11 | | administrative officer to arrange the meeting; | 12 | | (2) the committed person may attend the meeting for | 13 | | addiction recovery services only if the committed person | 14 | | uses pre-existing free time already available to the | 15 | | committed person; | 16 | | (3) all disciplinary and other rules of the institution | 17 | | or facility remain in effect; | 18 | | (4) the committed person is not given any additional | 19 | | privileges to attend addiction recovery services; | 20 | | (5) if the addiction recovery service does not arrange | 21 | | for scheduling a meeting for that week, no addiction | 22 | | recovery services shall be provided to the committed person | 23 | | in the institution or facility for that week; | 24 | | (6) the number of committed persons who may attend an | 25 | | addiction recovery meeting shall not exceed 40 during any | 26 | | session held at the correctional institution or facility; |
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| 1 | | (7) a volunteer seeking to provide addiction recovery | 2 | | services under this subsection (m) must submit an | 3 | | application to the Department of Corrections under | 4 | | existing Department rules and the Department must review | 5 | | the application within 60 days after submission of the | 6 | | application to the Department; and | 7 | | (8) each institution and facility of the Department | 8 | | shall manage the addiction recovery services program | 9 | | according to its own processes and procedures. | 10 | | For the purposes of this subsection (m), "addiction | 11 | | recovery services" means recovery services for alcoholics and | 12 | | addicts provided by volunteers of recovery support services | 13 | | recognized by the Department of Human Services. | 14 | | (Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323, | 15 | | eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12; | 16 | | 97-813, eff. 7-13-12.)".
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