Full Text of HB4246 93rd General Assembly
HB4246 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4246
Introduced 1/28/2004, by Angelo Saviano SYNOPSIS AS INTRODUCED: |
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225 ILCS 75/3.1 |
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225 ILCS 75/19 |
from Ch. 111, par. 3719 |
225 ILCS 90/1 |
from Ch. 111, par. 4251 |
225 ILCS 90/17 |
from Ch. 111, par. 4267 |
410 ILCS 70/2.2 |
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410 ILCS 70/5 |
from Ch. 111 1/2, par. 87-5 |
410 ILCS 70/6.4 |
from Ch. 111 1/2, par. 87-6.4 |
410 ILCS 225/2 |
from Ch. 111 1/2, par. 7022 |
410 ILCS 225/6 |
from Ch. 111 1/2, par. 7026 |
410 ILCS 305/7 |
from Ch. 111 1/2, par. 7307 |
410 ILCS 305/8 |
from Ch. 111 1/2, par. 7308 |
410 ILCS 305/9 |
from Ch. 111 1/2, par. 7309 |
410 ILCS 325/4 |
from Ch. 111 1/2, par. 7404 |
410 ILCS 325/5.5 |
from Ch. 111 1/2, par. 7405.5 |
410 ILCS 325/6 |
from Ch. 111 1/2, par. 7406 |
410 ILCS 210/1 |
from Ch. 111, par. 4501 |
410 ILCS 210/2 |
from Ch. 111, par. 4502 |
410 ILCS 210/3 |
from Ch. 111, par. 4503 |
410 ILCS 210/5 |
from Ch. 111, par. 4505 |
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Amends the Illinois Occupational Therapy Practice Act, the Illinois Physical Therapy Act, the Sexual Assault Survivors Emergency Treatment Act, the Prenatal and Newborn Care Act, the AIDS Confidentiality Act, the Illinois Sexually Transmissible Disease Control Act, and the Consent by Minors to Medical Procedures Act. Allows an advanced practice nurse to engage in activities permitted under a written collaborative agreement with a collaborating physician and a physician assistant to engage in the provision of health services that the physician assistant's supervising physician has delegated to that physician assistant. Effective immediately.
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A BILL FOR
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HB4246 |
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LRB093 18998 AMC 44733 b |
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| AN ACT concerning health care.
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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 5. The Illinois Occupational Therapy Practice Act | 5 |
| is amended by changing Sections 3.1 and 19 as follows:
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| (225 ILCS 75/3.1)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 3.1. Referrals. A licensed occupational therapist or | 9 |
| licensed
occupational therapy assistant may consult with, | 10 |
| educate, evaluate, and monitor
services for clients concerning | 11 |
| non-medical occupational therapy needs.
Implementation of | 12 |
| direct occupational therapy to individuals for their specific
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| health care conditions shall be based upon a referral from a | 14 |
| licensed
physician, dentist, podiatrist, advanced practice | 15 |
| nurse, physician assistant, or optometrist.
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| An occupational therapist shall refer to a licensed | 17 |
| physician, dentist,
optometrist, advanced practice nurse, | 18 |
| physician assistant, or podiatrist any patient whose medical | 19 |
| condition should, at the
time of evaluation or treatment, be | 20 |
| determined to be beyond the scope of
practice of the | 21 |
| occupational therapist.
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| (Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03.)
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| (225 ILCS 75/19) (from Ch. 111, par. 3719)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 19. (a) The Department may refuse to issue or renew, | 26 |
| or may revoke,
suspend, place on probation, reprimand or take | 27 |
| other disciplinary
action as the Department may deem proper, | 28 |
| including fines not to exceed
$2,500 for each violation, with | 29 |
| regard to any license for
any one or combination of the | 30 |
| following:
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| (1) Material misstatement in furnishing information to |
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| the Department;
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| (2) Wilfully violating this Act, or of the rules | 3 |
| promulgated thereunder;
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| (3) Conviction of any crime under the laws of the | 5 |
| United States or any
state or territory thereof which is a | 6 |
| felony or which is a misdemeanor,
an essential element of | 7 |
| which is dishonesty, or of any crime which is directly
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| related to the practice of occupational therapy;
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| (4) Making any misrepresentation for the purpose of | 10 |
| obtaining
certification, or violating any provision of | 11 |
| this Act or the rules promulgated
thereunder pertaining to | 12 |
| advertising;
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| (5) Having demonstrated unworthiness, or incompetency | 14 |
| to act as an
occupational therapist or occupational therapy | 15 |
| assistant in such manner as to
safeguard the interest of | 16 |
| the public;
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| (6) Wilfully aiding or assisting another person, firm, | 18 |
| partnership or
corporation in violating any provision of | 19 |
| this Act or rules;
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| (7) Failing, within 60 days, to provide information in | 21 |
| response to a
written request made by the Department;
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| (8) Engaging in dishonorable, unethical or | 23 |
| unprofessional conduct of a
character likely to deceive, | 24 |
| defraud or harm the public;
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| (9) Habitual intoxication or addiction to the use of | 26 |
| drugs;
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| (10) Discipline by another state, the District of | 28 |
| Columbia, a territory,
or foreign nation, if at least one | 29 |
| of the grounds for the discipline is
the same or | 30 |
| substantially equivalent to those set forth herein;
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| (11) Directly or indirectly giving to or receiving from | 32 |
| any person, firm,
corporation, partnership or association | 33 |
| any fee, commission, rebate or other
form of compensation | 34 |
| for professional services not actually or personally
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| rendered;
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| (12) A finding by the Department that the license |
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| holder, after having his
license disciplined, has violated | 2 |
| the terms of the discipline;
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| (13) Wilfully making or filing false records or reports | 4 |
| in the practice
of occupational therapy, including but not | 5 |
| limited to false records filed
with the State agencies or | 6 |
| departments;
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| (14) Physical illness, including but not limited to, | 8 |
| deterioration through
the aging process, or loss of motor | 9 |
| skill which results in the inability
to practice the | 10 |
| profession with reasonable judgment, skill or safety;
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| (15) Solicitation of professional services other than | 12 |
| by permitted
advertising;
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| (16) Wilfully exceeding the scope of practice | 14 |
| customarily undertaken by
persons licensed under this Act, | 15 |
| which conduct results in, or may result
in, harm to the | 16 |
| public;
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| (17) Holding one's self out to practice occupational | 18 |
| therapy under any
name other than his own or impersonation | 19 |
| of any other occupational therapy
licensee;
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| (18) Gross negligence;
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| (19) Malpractice;
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| (20) Obtaining a fee in money or gift in kind of any | 23 |
| other items of value
or in the form of financial profit or | 24 |
| benefit as personal compensation,
or as compensation, or | 25 |
| charge, profit or gain for an employer or for any
other | 26 |
| person or persons, on the fraudulent misrepresentation | 27 |
| that a manifestly
incurable condition of sickness, disease | 28 |
| or injury to any person can be cured;
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| (21) Accepting commissions or rebates or other forms of | 30 |
| remuneration for
referring persons to other professionals;
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| (22) Failure to file a return, or to pay the tax, | 32 |
| penalty or interest
shown in a filed return, or to pay any | 33 |
| final assessment of tax, penalty or
interest, as required | 34 |
| by any tax Act administered by the Illinois
Department of | 35 |
| Revenue, until such time as the requirements of any such | 36 |
| tax
Act are satisfied;
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| (23) Violating the Health Care Worker Self-Referral | 2 |
| Act; and
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| (24) Having treated patients other than by the practice | 4 |
| of occupational
therapy as defined in this Act, or having | 5 |
| treated patients as a licensed
occupational therapist | 6 |
| independent of a referral from a physician, advanced | 7 |
| practice nurse who has a written collaborative agreement | 8 |
| with a collaborating physician, physician assistant to | 9 |
| whom the physician assistant's supervising physician has | 10 |
| delegated the provision of health services, dentist,
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| podiatrist, or optometrist, or having failed to notify the | 12 |
| physician,
advanced practice nurse, physician assistant,
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| dentist, podiatrist, or optometrist who established a | 14 |
| diagnosis that the
patient is
receiving occupational | 15 |
| therapy pursuant to that diagnosis.
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| (b) The determination by a circuit court that a license | 17 |
| holder is subject
to involuntary admission or judicial | 18 |
| admission as provided in the Mental
Health and Developmental | 19 |
| Disabilities Code, as now or hereafter amended,
operates as an | 20 |
| automatic suspension. Such suspension will end only upon
a | 21 |
| finding by a court that the patient is no longer subject to | 22 |
| involuntary
admission or judicial admission, an order by the | 23 |
| court so finding and
discharging the patient, and the | 24 |
| recommendation of the Board to the
Director that the license | 25 |
| holder be allowed to resume his practice.
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| (c) The Department may refuse to issue or take disciplinary | 27 |
| action
concerning
the license of any person who fails to file a | 28 |
| return, to pay the tax, penalty,
or interest
shown in a filed | 29 |
| return, or to pay any final assessment of tax, penalty, or
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| interest as
required by any tax Act administered by the | 31 |
| Department of Revenue, until such
time as
the requirements of | 32 |
| any such tax Act are satisfied as determined by the
Department | 33 |
| of
Revenue.
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| (d) In enforcing this Section, the Board, upon a showing of | 35 |
| a possible
violation,
may compel a licensee or applicant to | 36 |
| submit to a mental or physical
examination, or
both, as |
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| required by and at the expense of the Department. The examining | 2 |
| physicians or
clinical psychologists shall be those | 3 |
| specifically designated by the Board. The Board or
the | 4 |
| Department may order (i) the examining physician to present | 5 |
| testimony concerning
the mental or physical examination of a | 6 |
| licensee or applicant or (ii) the examining
clinical | 7 |
| psychologist to present testimony concerning the mental | 8 |
| examination of a
licensee or applicant. No information shall be | 9 |
| excluded by reason of any common law
or statutory privilege | 10 |
| relating to communications between a licensee or applicant and | 11 |
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examining physician or clinical psychologist. An | 12 |
| individual to be examined may have,
at his or her own expense, | 13 |
| another physician or clinical psychologist of his or her choice
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| present during all aspects of the examination. Failure of an | 15 |
| individual to
submit to a
mental or physical examination, when | 16 |
| directed, is grounds for suspension of his
or her
license. The | 17 |
| license must remain suspended until the person submits to the
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| examination
or the Board finds, after notice and hearing, that | 19 |
| the refusal to submit to the
examination
was with reasonable | 20 |
| cause.
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| If the Board finds an individual unable to practice because | 22 |
| of the reasons
set
forth in this Section, the Board must | 23 |
| require the individual to submit to care,
counseling,
or | 24 |
| treatment by a physician or clinical psychologist approved by | 25 |
| the Board, as
a
condition, term, or restriction for continued, | 26 |
| reinstated, or renewed licensure
to practice.
In lieu of care, | 27 |
| counseling, or treatment, the Board may recommend that the
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| Department
file a complaint to immediately suspend or revoke | 29 |
| the license of the individual
or
otherwise discipline the | 30 |
| licensee.
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| Any individual whose license was granted, continued, | 32 |
| reinstated, or renewed
subject to conditions, terms, or | 33 |
| restrictions, as provided for in this Section,
or any
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| individual who was disciplined or placed on supervision | 35 |
| pursuant to this
Section must
be referred to the Director for a | 36 |
| determination as to whether the person shall
have his or
her |
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LRB093 18998 AMC 44733 b |
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| license suspended immediately, pending a hearing by the Board.
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| (Source: P.A. 93-461, eff. 8-8-03.)
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| Section 10. The Illinois Physical Therapy Act is amended by | 4 |
| changing Sections 1 and 17 as follows:
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| (225 ILCS 90/1) (from Ch. 111, par. 4251)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 1. Definitions. As used in this Act:
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| (1) "Physical therapy" means the evaluation or treatment of | 9 |
| a person by
the use of the effective properties of physical | 10 |
| measures and heat, cold,
light, water, radiant energy, | 11 |
| electricity, sound, and air; and the use of
therapeutic | 12 |
| massage, therapeutic exercise, mobilization, and the
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| rehabilitative procedures with or without assistive devices | 14 |
| for the
purposes of preventing, correcting, or alleviating a | 15 |
| physical or mental
disability, or promoting physical fitness | 16 |
| and well-being. Physical therapy
includes, but is not limited | 17 |
| to: (a) performance
of specialized tests and measurements, (b) | 18 |
| administration of specialized
treatment procedures, (c) | 19 |
| interpretation of referrals from physicians, dentists , | 20 |
| advanced practice nurses, physician assistants,
and | 21 |
| podiatrists, (d) establishment, and modification of physical | 22 |
| therapy
treatment programs, (e) administration of topical | 23 |
| medication used in generally
accepted physical therapy | 24 |
| procedures when such medication is prescribed
by the patient's | 25 |
| physician, licensed to practice medicine in all its branches,
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| the patient's physician licensed to practice podiatric | 27 |
| medicine, the patient's advanced practice nurse who has a | 28 |
| written collaborative agreement with a collaborating | 29 |
| physician, the patient's physician assistant to whom the | 30 |
| physician assistant's supervising physician has delegated the | 31 |
| provision of health services, or the
patient's dentist, and (f) | 32 |
| supervision or teaching of physical therapy.
Physical therapy | 33 |
| does not include radiology, electrosurgery, chiropractic
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| technique or determination of a differential diagnosis; |
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| provided, however,
the limitation on determining a | 2 |
| differential diagnosis shall not in any
manner limit a physical | 3 |
| therapist licensed under this Act from performing
an evaluation | 4 |
| pursuant to such license. Nothing in this Section shall limit
a | 5 |
| physical therapist from employing appropriate physical therapy | 6 |
| techniques
that he or she is educated and licensed to perform. | 7 |
| A physical therapist
shall refer to a licensed physician, | 8 |
| dentist, advanced practice nurse, physician assistant, or | 9 |
| podiatrist any patient
whose medical condition should, at the | 10 |
| time of evaluation or treatment, be
determined to be beyond the | 11 |
| scope of practice of the physical therapist.
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| (2) "Physical therapist" means a person who practices | 13 |
| physical therapy
and who has met all requirements as provided | 14 |
| in this Act.
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| (3) "Department" means the Department of Professional | 16 |
| Regulation.
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| (4) "Director" means the Director of Professional | 18 |
| Regulation.
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| (5) "Committee" means the Physical Therapy Examining | 20 |
| Committee approved
by the Director.
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| (6) (Blank)
"Referral" for the purpose of this Act means | 22 |
| the following of guidance
or direction to the physical | 23 |
| therapist given by the physician, dentist, or
podiatrist who | 24 |
| shall maintain supervision of the patient .
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| (7) "Documented current and relevant diagnosis" for the | 26 |
| purpose of
this Act means a diagnosis, substantiated by | 27 |
| signature or oral verification
of a physician, dentist, | 28 |
| advanced practice nurse, physician assistant, or podiatrist, | 29 |
| that a patient's condition is such
that it may be treated by | 30 |
| physical therapy as defined in this Act, which
diagnosis shall | 31 |
| remain in effect until changed by the physician, dentist , | 32 |
| advanced practice nurse, physician assistant,
or podiatrist.
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| (8) "State" includes:
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| (a) the states of the United States of America;
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| (b) the District of Columbia; and
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| (c) the Commonwealth of Puerto Rico.
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| (9) "Physical therapist assistant" means a person licensed | 2 |
| to assist a
physical therapist and who has met all requirements | 3 |
| as provided in this Act
and who works under the supervision of | 4 |
| a licensed physical therapist to assist
in implementing the | 5 |
| physical therapy treatment program as established by the
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| licensed physical therapist. The patient care activities | 7 |
| provided by the
physical therapist assistant shall not include | 8 |
| the interpretation of referrals,
evaluation procedures, or the | 9 |
| planning or major modification of patient programs.
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| (10) "Physical therapy aide" means a person who has | 11 |
| received on
the job training, specific to the facility in which | 12 |
| he is employed, but who
has not completed an approved physical | 13 |
| therapist assistant program.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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| (225 ILCS 90/17) (from Ch. 111, par. 4267)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 17. (1) The Department may refuse to issue or to | 18 |
| renew, or may
revoke, suspend, place on probation, reprimand, | 19 |
| or
take other disciplinary action as the Department deems | 20 |
| appropriate,
including the issuance of fines not to exceed | 21 |
| $5000, with regard to a
license for any one or a combination of | 22 |
| the following:
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| A. Material misstatement in furnishing information to | 24 |
| the Department
or otherwise making misleading, deceptive, | 25 |
| untrue, or fraudulent
representations in violation of this | 26 |
| Act or otherwise in the practice of
the profession;
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| B. Violations of this Act, or of
the rules or | 28 |
| regulations promulgated hereunder;
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| C. Conviction of any crime under the laws of the United | 30 |
| States or any
state or territory thereof which is a felony | 31 |
| or which is a misdemeanor,
an essential element of which is | 32 |
| dishonesty, or of any crime which is directly
related to | 33 |
| the practice of the profession; conviction, as used in this
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| paragraph, shall include a finding or verdict of guilty, an | 35 |
| admission of
guilt or a plea of nolo contendere;
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| D. Making any misrepresentation for the purpose of | 2 |
| obtaining licenses,
or violating any provision of this Act | 3 |
| or the rules promulgated thereunder
pertaining to | 4 |
| advertising;
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| E. A pattern of practice or other behavior which | 6 |
| demonstrates incapacity
or incompetency to practice under | 7 |
| this Act;
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| F. Aiding or assisting another person in violating any
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| provision of this Act or Rules;
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| G. Failing, within 60 days, to provide information in | 11 |
| response to a written
request made by the Department;
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| H. Engaging in dishonorable, unethical or | 13 |
| unprofessional conduct of a
character likely to deceive, | 14 |
| defraud or harm the public. Unprofessional
conduct shall | 15 |
| include any departure from or the failure to conform to the
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| minimal standards of acceptable and prevailing physical | 17 |
| therapy practice,
in which proceeding actual injury to a | 18 |
| patient need not be established;
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| I. Unlawful distribution of any drug or narcotic, or | 20 |
| unlawful
conversion of any drug or narcotic not belonging | 21 |
| to the person for such
person's own use or benefit or for | 22 |
| other than medically accepted
therapeutic purposes;
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| J. Habitual or excessive use or addiction to alcohol, | 24 |
| narcotics,
stimulants, or any other chemical agent or drug | 25 |
| which results in a physical
therapist's or physical | 26 |
| therapist assistant's
inability to practice with | 27 |
| reasonable judgment, skill or safety;
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| K. Revocation or suspension of a license to practice | 29 |
| physical therapy
as a physical therapist or physical | 30 |
| therapist assistant or the taking
of other disciplinary | 31 |
| action by the proper licensing authority of
another state, | 32 |
| territory or country;
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| L. Directly or indirectly giving to or receiving from | 34 |
| any person, firm,
corporation, partnership or association | 35 |
| any fee, commission, rebate or other
form of compensation | 36 |
| for any professional services not actually or
personally |
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| rendered;
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| M. A finding by the Committee that the licensee after | 3 |
| having his or
her license
placed on probationary status has | 4 |
| violated the terms of probation;
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| N. Abandonment of a patient;
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| O. Willfully failing to report an instance of suspected | 7 |
| child abuse or
neglect as required by the Abused and | 8 |
| Neglected Child Reporting Act;
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| P. Willfully failing to report an instance of suspected | 10 |
| elder abuse or
neglect as required by the Elder Abuse | 11 |
| Reporting Act;
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| Q. Physical illness, including but not limited to, | 13 |
| deterioration through
the aging process, or loss of motor | 14 |
| skill which results in the inability
to practice the | 15 |
| profession with reasonable judgement, skill or safety;
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| R. The use of any words (such as physical therapy, | 17 |
| physical therapist
physiotherapy or physiotherapist), | 18 |
| abbreviations, figures or letters with
the intention of | 19 |
| indicating practice as a licensed physical therapist
| 20 |
| without a valid license as a physical therapist issued | 21 |
| under this Act;
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| S. The use of the term physical therapist assistant, or | 23 |
| abbreviations,
figures, or letters with the intention of | 24 |
| indicating practice as a physical
therapist assistant | 25 |
| without a valid license as a physical therapist
assistant | 26 |
| issued under this Act;
| 27 |
| T. Willfully violating or knowingly assisting in the | 28 |
| violation of any
law of this State relating to the practice | 29 |
| of abortion;
| 30 |
| U. Continued practice by a person knowingly having an | 31 |
| infectious,
communicable or contagious disease;
| 32 |
| V. Having treated ailments of human beings otherwise | 33 |
| than by
the practice of physical therapy as defined in this | 34 |
| Act, or having treated
ailments of human beings as a | 35 |
| licensed physical therapist independent of a
documented | 36 |
| referral or a documented current and relevant diagnosis |
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LRB093 18998 AMC 44733 b |
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| from a
physician, dentist, advanced practice nurse, | 2 |
| physician assistant, or podiatrist, or having failed to | 3 |
| notify the
physician, dentist , advanced practice nurse, | 4 |
| physician assistant, or podiatrist who established a | 5 |
| documented current and
relevant diagnosis that the patient | 6 |
| is receiving physical therapy pursuant
to that diagnosis;
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| W. Being named as a perpetrator in an indicated report | 8 |
| by the
Department of Children and Family Services pursuant | 9 |
| to the Abused and
Neglected Child Reporting Act, and upon | 10 |
| proof by clear and convincing
evidence that the licensee | 11 |
| has caused a child to be an abused child or
neglected child | 12 |
| as defined in the Abused and Neglected Child Reporting Act;
| 13 |
| X. Interpretation of referrals, performance of | 14 |
| evaluation procedures,
planning or making major | 15 |
| modifications of patient programs by a physical
therapist | 16 |
| assistant;
| 17 |
| Y. Failure by a physical therapist assistant and | 18 |
| supervising physical
therapist to maintain continued | 19 |
| contact, including periodic personal
supervision and | 20 |
| instruction, to insure safety and welfare of patients;
| 21 |
| Z. Violation of the Health Care Worker Self-Referral | 22 |
| Act.
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| (2) The determination by a circuit court that a licensee is | 24 |
| subject to
involuntary admission or judicial admission as | 25 |
| provided in the Mental Health
and Developmental Disabilities | 26 |
| Code operates as an automatic suspension.
Such suspension will | 27 |
| end only upon a finding by a court that the patient is
no | 28 |
| longer subject to involuntary admission or judicial admission | 29 |
| and the
issuance of an order so finding and discharging the | 30 |
| patient; and upon the
recommendation of the Committee to the | 31 |
| Director that the licensee be
allowed to resume his practice.
| 32 |
| (3) The Department may refuse to issue or may suspend the | 33 |
| license of any
person who fails to file a return, or to pay the | 34 |
| tax, penalty or interest
shown in a filed return, or to pay any | 35 |
| final assessment of tax, penalty or
interest, as required by | 36 |
| any tax Act administered by the Illinois
Department of Revenue, |
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HB4246 |
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LRB093 18998 AMC 44733 b |
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| until such time as the requirements of any such tax
Act are | 2 |
| satisfied.
| 3 |
| (Source: P.A. 89-387, eff. 1-1-96.)
| 4 |
| Section 15. The Sexual Assault Survivors Emergency | 5 |
| Treatment Act is amended by changing Sections 2.2, 5, and 6.4 | 6 |
| as follows:
| 7 |
| (410 ILCS 70/2.2)
| 8 |
| Sec. 2.2. Emergency contraception.
| 9 |
| (a) The General Assembly finds:
| 10 |
| (1) Crimes of sexual violence cause significant | 11 |
| physical, emotional, and
psychological trauma to the | 12 |
| victims. This trauma is compounded by a victim's
fear of | 13 |
| becoming pregnant and bearing a child as a result of the | 14 |
| sexual
assault.
| 15 |
| (2) Each year over 32,000 women become pregnant in the | 16 |
| United States as
the result of rape and
approximately 50% | 17 |
| of these pregnancies end in abortion.
| 18 |
| (3) As approved for use by the Federal Food and Drug | 19 |
| Administration (FDA),
emergency contraception can | 20 |
| significantly reduce the risk of pregnancy if taken
within | 21 |
| 72 hours after the sexual assault.
| 22 |
| (4) By providing emergency contraception to rape | 23 |
| victims in a timely
manner, the trauma of rape can be | 24 |
| significantly reduced.
| 25 |
| (b) Within 120 days after the effective date of this | 26 |
| amendatory Act of the
92nd General Assembly, every hospital | 27 |
| providing services to alleged sexual
assault survivors in | 28 |
| accordance with a plan approved under Section 2 must
develop a | 29 |
| protocol that ensures that each survivor of sexual
assault will | 30 |
| receive medically and factually accurate and written and oral
| 31 |
| information about emergency contraception; the indications and
| 32 |
| counter-indications and risks associated with the use of | 33 |
| emergency
contraception;
and a description of how and when | 34 |
| victims may be provided emergency
contraception upon
the |
|
|
|
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| 1 |
| written order of a physician licensed to practice medicine
in | 2 |
| all its branches , an advanced practice nurse who has a written | 3 |
| collaborative agreement with a collaborating physician, or a | 4 |
| physician assistant to whom the physician assistant's | 5 |
| supervising physician has delegated the provision of health | 6 |
| services . The Department shall approve the protocol if it finds
| 7 |
| that the implementation of the protocol would provide | 8 |
| sufficient protection
for survivors of an alleged sexual | 9 |
| assault.
| 10 |
| The hospital shall implement the protocol upon approval by | 11 |
| the Department.
The Department shall adopt rules and | 12 |
| regulations establishing one or more safe
harbor protocols and | 13 |
| setting minimum acceptable protocol standards that
hospitals | 14 |
| may develop and implement. The Department shall approve any | 15 |
| protocol
that meets those standards. The Department may provide | 16 |
| a sample acceptable
protocol upon request.
| 17 |
| (Source: P.A. 92-156, eff. 1-1-02.)
| 18 |
| (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| 19 |
| Sec. 5. Minimum requirements for hospitals providing | 20 |
| emergency service
to sexual assault survivors.
| 21 |
| (a) Every hospital providing emergency
hospital services | 22 |
| to an alleged sexual assault survivor under this Act
shall, as | 23 |
| minimum requirements for such services, provide, with the | 24 |
| consent
of the alleged sexual assault survivor, and as ordered | 25 |
| by the attending
physician, an advanced practice nurse who has | 26 |
| a written collaborative agreement with a collaborating | 27 |
| physician, or a physician assistant to whom the physician | 28 |
| assistant's supervising physician has delegated the provision | 29 |
| of health services, the following:
| 30 |
| (1) appropriate medical examinations and laboratory
| 31 |
| tests required to ensure the health, safety, and welfare
of | 32 |
| an alleged sexual assault survivor or which may be
used as | 33 |
| evidence in a criminal proceeding against a person accused | 34 |
| of the
sexual assault, or both; and records of the results | 35 |
| of such examinations
and tests shall be maintained by the |
|
|
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| 1 |
| hospital and made available to law
enforcement officials | 2 |
| upon the request of the alleged sexual assault survivor;
| 3 |
| (2) appropriate oral and written information | 4 |
| concerning the possibility
of infection, sexually | 5 |
| transmitted disease and pregnancy
resulting from sexual | 6 |
| assault;
| 7 |
| (3) appropriate oral and written information | 8 |
| concerning accepted medical
procedures, medication, and | 9 |
| possible contraindications of such medication
available | 10 |
| for the prevention or treatment of infection or disease | 11 |
| resulting
from sexual assault;
| 12 |
| (4) such medication as deemed appropriate by the | 13 |
| attending physician , an advanced practice nurse who has a | 14 |
| written collaborative agreement with a collaborating | 15 |
| physician, or a physician assistant to whom the physician | 16 |
| assistant's supervising physician has delegated the | 17 |
| provision of health services ;
| 18 |
| (5) a blood test to determine the presence or absence | 19 |
| of sexually
transmitted disease;
| 20 |
| (6) written and oral instructions indicating the need | 21 |
| for a second blood
test 6 weeks after the sexual assault to | 22 |
| determine the presence or absence of
sexually transmitted | 23 |
| disease; and
| 24 |
| (7) appropriate counseling as determined by the | 25 |
| hospital, by trained
personnel designated by the hospital.
| 26 |
| (b) Any minor who is an alleged survivor of sexual
assault | 27 |
| who seeks emergency services
under this Act shall be provided | 28 |
| such services without the consent
of the parent, guardian or | 29 |
| custodian of the minor.
| 30 |
| (Source: P.A. 91-888, eff. 7-6-00.)
| 31 |
| (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| 32 |
| Sec. 6.4. Sexual assault evidence collection program.
| 33 |
| (a) There is created a statewide sexual assault evidence | 34 |
| collection program
to facilitate the prosecution of persons | 35 |
| accused of sexual assault. This
program shall be administered |
|
|
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| 1 |
| by the Illinois
State Police. The program shall
consist of the | 2 |
| following: (1) distribution of sexual assault evidence
| 3 |
| collection kits which have been approved by the Illinois
State | 4 |
| Police to hospitals that request them, or arranging for
such | 5 |
| distribution by the manufacturer of the kits, (2) collection of | 6 |
| the kits
from hospitals after the kits have been used to | 7 |
| collect
evidence, (3) analysis of the collected evidence and | 8 |
| conducting of laboratory
tests, and (4) maintaining the chain | 9 |
| of custody and safekeeping of the evidence
for use in a legal | 10 |
| proceeding. The standardized evidence collection kit for
the | 11 |
| State of Illinois shall be the State Police Evidence Collection | 12 |
| Kit, also
known as "S.P.E.C.K.".
A sexual assault evidence | 13 |
| collection kit may not be released by a hospital
without the | 14 |
| written consent of the sexual assault survivor. In the case of | 15 |
| a
survivor who is a minor 13 years of age or older, evidence | 16 |
| and
information concerning the alleged sexual assault may be | 17 |
| released at the
written request of the minor. If the survivor | 18 |
| is a minor who is under 13 years
of age, evidence and | 19 |
| information concerning the alleged sexual assault may be
| 20 |
| released at the written request of the parent, guardian, | 21 |
| investigating law
enforcement officer, or Department of | 22 |
| Children and Family Services. Any health
care professional, | 23 |
| including any physician , advanced practice nurse, physician | 24 |
| assistant, or nurse, sexual assault nurse
examiner, and any | 25 |
| health care
institution, including any hospital, who provides | 26 |
| evidence or information to a
law enforcement officer pursuant | 27 |
| to a written request as specified in this
Section is immune | 28 |
| from any civil or professional liability that might arise
from | 29 |
| those actions, with the exception of willful or wanton | 30 |
| misconduct. The
immunity provision applies only if all of the | 31 |
| requirements of this Section are
met.
| 32 |
| (b) The Illinois State Police shall administer a program to | 33 |
| train hospitals
and hospital personnel participating in the | 34 |
| sexual assault evidence collection
program, in the correct use | 35 |
| and application of the sexual assault evidence
collection kits. | 36 |
| A sexual assault nurse examiner may conduct
examinations using |
|
|
|
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| 1 |
| the sexual assault evidence collection kits, without the
| 2 |
| presence or participation of a physician. The Department of | 3 |
| Public Health
shall
cooperate with the Illinois State Police in | 4 |
| this
program as it pertains to medical aspects of the evidence | 5 |
| collection.
| 6 |
| (c) In this Section, "sexual assault nurse examiner" means | 7 |
| a registered
nurse
who has completed a sexual assault nurse | 8 |
| examiner (SANE) training program that
meets the Forensic Sexual | 9 |
| Assault Nurse Examiner Education Guidelines
established by the | 10 |
| International Association of Forensic Nurses.
| 11 |
| (Source: P.A. 91-888, eff. 7-6-00; 92-514, eff. 1-1-02.)
| 12 |
| Section 20. The Prenatal and Newborn Care Act is amended by | 13 |
| changing Sections 2 and 6 as follows:
| 14 |
| (410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
| 15 |
| Sec. 2. Definitions. As used in this Act, unless the | 16 |
| context otherwise
requires:
| 17 |
| "Advanced practice nurse" or "APN" has the meaning given to | 18 |
| that term in the Nursing and Advanced Practice Nursing Act.
| 19 |
|
(a) "Department" means the Illinois Department of Human | 20 |
| Services.
| 21 |
|
(b) "Early and Periodic Screening, Diagnosis and Treatment | 22 |
| (EPSDT)" means
the provision of preventative health care under | 23 |
| 42 C.F.R. 441.50 et seq.,
including medical and dental | 24 |
| services, needed to assess growth and
development and detect | 25 |
| and treat health problems.
| 26 |
|
(c) "Hospital" means a hospital as defined under the | 27 |
| Hospital Licensing Act.
| 28 |
|
(d) "Local health authority" means the full-time official | 29 |
| health
department or board of health, as recognized by the | 30 |
| Illinois Department
of Public Health, having
jurisdiction over | 31 |
| a particular area.
| 32 |
|
(e) "Nurse" means a nurse licensed under the Nursing and
| 33 |
| Advanced Practice Nursing Act.
| 34 |
|
(f) "Physician" means a physician licensed to practice |
|
|
|
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| 1 |
| medicine in all of
its branches.
| 2 |
| "Physician Assistant" has the meaning given to that term in | 3 |
| the Physician Assistant Practice Act of 1987.
| 4 |
|
(g) "Postnatal visit" means a visit occurring after birth, | 5 |
| with
reference to the newborn.
| 6 |
|
(h) "Prenatal visit" means a visit occurring before birth.
| 7 |
|
(i) "Program" means the Prenatal and Newborn Care Program | 8 |
| established
pursuant to this Act.
| 9 |
| (Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)
| 10 |
| (410 ILCS 225/6) (from Ch. 111 1/2, par. 7026)
| 11 |
| Sec. 6. Covered services.
| 12 |
| (a) Covered services under the program may
include, but are | 13 |
| not necessarily limited to, the following:
| 14 |
| (1) Laboratory services related to a recipient's | 15 |
| pregnancy, performed or
ordered by a physician , advanced | 16 |
| practice nurse, or physician assistant .
| 17 |
| (2) Screening and treatment for sexually transmitted
| 18 |
| disease.
| 19 |
| (3) Prenatal visits to a physician in the physician's | 20 |
| office , an advanced practice nurse in the advanced practice | 21 |
| nurse's office, a physician assistant in the physician | 22 |
| assistant's office, or to a
hospital outpatient prenatal | 23 |
| clinic, local health department maternity
clinic , or | 24 |
| community health center.
| 25 |
| (4) Radiology services which are directly related to | 26 |
| the pregnancy, are
determined to be medically necessary and | 27 |
| are ordered by a physician , an advanced practice nurse, or | 28 |
| a physician assistant .
| 29 |
| (5) Pharmacy services related to the pregnancy.
| 30 |
| (6) Other medical consultations related to the | 31 |
| pregnancy.
| 32 |
| (7) Physician , advanced practice nurse, physician | 33 |
| assistant, or nurse services associated with delivery.
| 34 |
| (8) One postnatal office visit within 60 days after | 35 |
| delivery.
|
|
|
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| 1 |
| (9) Two EPSDT-equivalent screenings for the infant | 2 |
| within 90 days after
birth.
| 3 |
| (10) Social and support services.
| 4 |
| (11) Nutrition services.
| 5 |
| (12) Case management services.
| 6 |
| (b) The following services shall not be covered under the | 7 |
| program:
| 8 |
| (1) Services determined by the Department not to be | 9 |
| medically necessary.
| 10 |
| (2) Services not directly related to the pregnancy, | 11 |
| except for the 2
covered EPSDT-equivalent screenings.
| 12 |
| (3) Hospital inpatient services.
| 13 |
| (4) Anesthesiologist and radiologist services during a | 14 |
| period of
hospital inpatient care.
| 15 |
| (5) Physician , advanced practice nurse, and physician | 16 |
| assistant hospital visits.
| 17 |
| (6) Services considered investigational or | 18 |
| experimental.
| 19 |
| (Source: P.A. 89-187, eff. 7-19-95.)
| 20 |
| Section 25. The AIDS Confidentiality Act is amended by | 21 |
| changing Sections 7, 8, and 9 as follows:
| 22 |
| (410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)
| 23 |
| Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5
| 24 |
| and 6 of this Act, written informed consent is not required for | 25 |
| a health
care provider or health facility to perform a test | 26 |
| when the health care
provider or health facility procures, | 27 |
| processes, distributes or uses a
human body part donated for a | 28 |
| purpose specified under the Uniform
Anatomical Gift Act, or | 29 |
| semen provided prior to the effective date of this
Act for the | 30 |
| purpose of artificial insemination, and such a test is
| 31 |
| necessary to assure medical acceptability of such gift or semen | 32 |
| for the
purposes intended.
| 33 |
| (b) Written informed consent is not required for a health | 34 |
| care
provider or health facility to perform a test when a |
|
|
|
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| 1 |
| health care provider
or employee of a health facility, or a | 2 |
| firefighter or an EMT-A, EMT-I or EMT-P,
is involved in an | 3 |
| accidental direct skin or mucous membrane contact with
the | 4 |
| blood or bodily fluids of an individual which is of a nature | 5 |
| that may
transmit HIV, as determined by a physician in his | 6 |
| medical judgment , by an advanced practice nurse who has a | 7 |
| written collaborative agreement with a collaborating | 8 |
| physician, or by a physician assistant to whom the physician | 9 |
| assistant's supervising physician has delegated the provision | 10 |
| of health services . Should
such test prove to be positive, the | 11 |
| patient and the health care provider,
health facility employee, | 12 |
| firefighter, EMT-A, EMT-I, or EMT-P shall be
provided | 13 |
| appropriate counseling consistent with this Act.
| 14 |
| (c) Written informed consent is not required for a health | 15 |
| care
provider or health facility to perform a test when a law | 16 |
| enforcement
officer is involved in the line of duty in a direct | 17 |
| skin or mucous membrane
contact with the blood or bodily fluids | 18 |
| of an individual which is of a
nature that may transmit HIV, as | 19 |
| determined by a physician in his medical
judgment , by an | 20 |
| advanced practice nurse who has a written collaborative | 21 |
| agreement with a collaborating physician, or by a physician | 22 |
| assistant to whom the physician assistant's supervising | 23 |
| physician has delegated the provision of health services . | 24 |
| Should such test prove to be positive, the patient shall be
| 25 |
| provided appropriate counseling consistent with this Act. For | 26 |
| purposes of
this subsection (c), "law enforcement officer" | 27 |
| means any person employed by
the State, a county or a | 28 |
| municipality as a policeman, peace officer,
auxiliary | 29 |
| policeman, correctional officer or in some like position
| 30 |
| involving the enforcement of the law and protection of the | 31 |
| public interest
at the risk of that person's life.
| 32 |
| (Source: P.A. 86-887; 86-891; 86-1028; 87-459.)
| 33 |
| (410 ILCS 305/8) (from Ch. 111 1/2, par. 7308)
| 34 |
| Sec. 8. Notwithstanding the provisions of Sections 4 and 5 | 35 |
| of this Act,
written informed consent, information and |
|
|
|
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LRB093 18998 AMC 44733 b |
|
| 1 |
| counseling are not required for the
performance of an HIV test: | 2 |
| (a)
for the purpose of research, if the testing is performed in | 3 |
| such a way that
the identity of the test subject is not known | 4 |
| and may not be retrieved by
the researcher, and in such a way | 5 |
| that the test subject is not informed of
the results of the | 6 |
| testing, or (b) when in the judgment of the physician , advanced | 7 |
| practice nurse, or physician assistant ,
such testing is | 8 |
| medically indicated to provide appropriate diagnosis and
| 9 |
| treatment to the subject of the test, provided that the subject | 10 |
| of the test
has otherwise provided his or her consent to such | 11 |
| physician , advanced practice nurse, or physician assistant for | 12 |
| medical treatment.
| 13 |
| (Source: P.A. 85-1399.)
| 14 |
| (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
| 15 |
| Sec. 9. No person may disclose or be compelled to disclose | 16 |
| the
identity of any person upon whom a test is performed, or | 17 |
| the results of
such a test in a manner which permits | 18 |
| identification of the subject of the
test, except to the | 19 |
| following persons:
| 20 |
| (a) The subject of the test or the subject's legally
| 21 |
| authorized representative. A physician , advanced practice | 22 |
| nurse, or physician assistant may notify the spouse of the
test | 23 |
| subject, if the test result is positive and has been confirmed
| 24 |
| pursuant to rules adopted by the Department, provided that the | 25 |
| physician , advanced practice nurse, or physician assistant has
| 26 |
| first sought unsuccessfully to persuade the patient to notify | 27 |
| the spouse or
that, a reasonable time after the patient has | 28 |
| agreed to make the
notification, the physician , advanced | 29 |
| practice nurse, or physician assistant has reason to believe | 30 |
| that the patient has not
provided the notification. This | 31 |
| paragraph shall not create a duty or
obligation under which a | 32 |
| physician , advanced practice nurse, or physician assistant
| 33 |
| must notify the spouse of the test
results, nor shall such duty | 34 |
| or obligation be implied. No civil liability
or criminal | 35 |
| sanction under this Act shall be imposed for any disclosure or
|
|
|
|
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|
| 1 |
| non-disclosure of a test result to a spouse by a physician , | 2 |
| advanced practice nurse, or physician assistant acting in good
| 3 |
| faith under this paragraph. For the purpose of any proceedings, | 4 |
| civil or
criminal, the good faith of any physician , advanced | 5 |
| practice nurse, or physician assistant acting under this | 6 |
| paragraph shall
be presumed.
| 7 |
| (b) Any person designated in a legally effective release of | 8 |
| the test
results executed by the subject of the test or the | 9 |
| subject's legally
authorized representative.
| 10 |
| (c) An authorized agent or employee of a health facility or | 11 |
| health care
provider if the health facility or health care | 12 |
| provider itself is
authorized to obtain the test results, the | 13 |
| agent or employee provides
patient care or handles or processes | 14 |
| specimens of body fluids or tissues,
and the agent or employee | 15 |
| has a need to know such information.
| 16 |
| (d) The Department, in accordance with rules for reporting | 17 |
| and
controlling the spread of disease, as otherwise provided by | 18 |
| State law.
Neither the Department nor its authorized | 19 |
| representatives shall disclose
information and records held by | 20 |
| them relating to known or suspected cases of
AIDS or HIV | 21 |
| infection, publicly or in any action of any kind in any court | 22 |
| or
before any tribunal, board, or agency. AIDS and HIV | 23 |
| infection data shall be
protected from disclosure in accordance | 24 |
| with the provisions of Sections 8-2101
through 8-2105 of the | 25 |
| Code of Civil Procedure.
| 26 |
| (e) A health facility or health care provider which | 27 |
| procures, processes,
distributes or uses: (i) a human body part | 28 |
| from a deceased person
with respect to medical information | 29 |
| regarding that person; or (ii) semen
provided prior to the | 30 |
| effective date of this Act for the purpose of
artificial | 31 |
| insemination.
| 32 |
| (f) Health facility staff committees for the purposes of | 33 |
| conducting
program monitoring, program evaluation or service | 34 |
| reviews.
| 35 |
| (g) (Blank).
| 36 |
| (h) Any health care provider or employee of a health |
|
|
|
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LRB093 18998 AMC 44733 b |
|
| 1 |
| facility, and any
firefighter or EMT-A, EMT-P, or EMT-I, | 2 |
| involved in an accidental direct
skin or mucous membrane | 3 |
| contact with the blood or bodily fluids of an
individual which | 4 |
| is of a nature that may transmit HIV, as determined by a
| 5 |
| physician in his medical judgment , by an advanced practice | 6 |
| nurse who has a written collaborative agreement with a | 7 |
| collaborating physician, or by a physician assistant to whom | 8 |
| the physician assistant's supervising physician has delegated | 9 |
| the provision of health services .
| 10 |
| (i) Any law enforcement officer, as defined in subsection | 11 |
| (c) of
Section 7, involved in the line of duty in a direct skin | 12 |
| or mucous membrane
contact with the blood or bodily fluids of | 13 |
| an individual which is of a
nature that may transmit HIV, as | 14 |
| determined by a physician in his medical
judgment , by an | 15 |
| advanced practice nurse who has a written collaborative | 16 |
| agreement with a collaborating physician, or by a physician | 17 |
| assistant to whom the physician assistant's supervising | 18 |
| physician has delegated the provision of health services .
| 19 |
| (j) A temporary caretaker of a child taken into temporary | 20 |
| protective
custody by the Department of Children and Family | 21 |
| Services pursuant to Section 5
of the Abused and Neglected | 22 |
| Child Reporting Act, as now or hereafter amended.
| 23 |
| (k) In the case of a minor under 18 years of age whose test | 24 |
| result is
positive and has been confirmed
pursuant to rules | 25 |
| adopted by the Department, the health care provider who ordered | 26 |
| the test shall make a reasonable
effort to notify the minor's | 27 |
| parent or legal guardian if, in the
professional judgement of | 28 |
| the health care provider, notification would be
in the best | 29 |
| interest of the child and the health care provider has first
| 30 |
| sought unsuccessfully to persuade the minor to notify the | 31 |
| parent or legal
guardian or a reasonable time after the minor | 32 |
| has agreed to notify
the parent or legal guardian, the health | 33 |
| care provider has reason to
believe that the minor has not made | 34 |
| the notification. This subsection
shall not create a duty or | 35 |
| obligation under which a health care provider
must notify the | 36 |
| minor's parent or legal guardian of the test results, nor
shall |
|
|
|
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|
| 1 |
| a duty or obligation be implied. No civil liability or criminal | 2 |
| sanction
under this Act shall be imposed for any notification | 3 |
| or non-notification of a
minor's test result by a health care | 4 |
| provider acting in good faith under this
subsection. For the | 5 |
| purpose of any proceeding, civil or criminal, the good
faith of | 6 |
| any health care provider acting under this subsection shall be
| 7 |
| presumed.
| 8 |
| (Source: P.A. 93-482, eff. 8-8-03.)
| 9 |
| Section 30. The Illinois Sexually Transmissible Disease | 10 |
| Control Act is amended by changing Sections 4, 5.5, and 6 as | 11 |
| follows:
| 12 |
| (410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
| 13 |
| Sec. 4. Reporting required.
| 14 |
| (a) A physician licensed under the provisions of the | 15 |
| Medical Practice Act
of 1987 , an advanced practice nurse | 16 |
| licensed under the provisions of the Nursing and Advanced | 17 |
| Practice Nursing Act, or a physician assistant licensed under | 18 |
| the provisions of the Physician Assistant Practice Act of 1987
| 19 |
| who makes a diagnosis of or treats a person with a sexually
| 20 |
| transmissible disease and each laboratory that performs a test | 21 |
| for a sexually
transmissible disease which concludes with a | 22 |
| positive result shall report such
facts as may be required by | 23 |
| the Department by rule, within such time period as
the | 24 |
| Department may require by rule, but in no case to exceed 2 | 25 |
| weeks.
| 26 |
| (b) The Department shall adopt rules specifying the | 27 |
| information
required in reporting a sexually transmissible | 28 |
| disease, the method of
reporting and specifying a minimum time | 29 |
| period for reporting. In adopting
such rules, the Department | 30 |
| shall consider the need for information,
protections for the | 31 |
| privacy and confidentiality of the patient, and the
practical | 32 |
| abilities of persons and laboratories to report in a reasonable
| 33 |
| fashion.
| 34 |
| (c) Any person who knowingly or maliciously disseminates |
|
|
|
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| 1 |
| any false
information or report concerning the existence of any | 2 |
| sexually
transmissible disease under this Section is guilty of | 3 |
| a Class A misdemeanor.
| 4 |
| (d) Any person who violates the provisions of this Section | 5 |
| or the rules
adopted hereunder may be fined by the Department | 6 |
| up to $500 for each
violation. The Department shall report each | 7 |
| violation of this Section to
the regulatory agency responsible | 8 |
| for licensing a health care professional
or a laboratory to | 9 |
| which these provisions apply.
| 10 |
| (Source: P.A. 90-14, eff. 7-1-97.)
| 11 |
| (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
| 12 |
| Sec. 5.5. Risk assessment.
| 13 |
| (a) Whenever the Department receives a report of HIV | 14 |
| infection or AIDS
pursuant to this Act and the Department | 15 |
| determines that the subject of the
report may present or may | 16 |
| have presented a possible risk of HIV
transmission, the | 17 |
| Department shall, when medically appropriate, investigate
the | 18 |
| subject of the report and that person's contacts as defined in
| 19 |
| subsection (c), to assess the potential risks of transmission. | 20 |
| Any
investigation and action shall be conducted in a timely | 21 |
| fashion. All
contacts other than those defined in subsection | 22 |
| (c) shall be investigated
in accordance with Section 5 of this | 23 |
| Act.
| 24 |
| (b) If the Department determines that there is or may have | 25 |
| been
potential risks of HIV transmission from the subject of | 26 |
| the report to other
persons, the Department shall afford the | 27 |
| subject the opportunity to submit
any information and comment | 28 |
| on proposed actions the Department intends to
take with respect | 29 |
| to the subject's contacts who are at potential risk of
| 30 |
| transmission of HIV prior to notification of the subject's | 31 |
| contacts. The
Department shall also afford the subject of the | 32 |
| report the opportunity to
notify the subject's contacts in a | 33 |
| timely fashion who are at potential risk
of transmission of HIV | 34 |
| prior to the Department taking any steps to notify
such | 35 |
| contacts. If the subject declines to notify such contacts or if |
|
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| the
Department determines the notices to be inadequate or | 2 |
| incomplete, the
Department shall endeavor to notify such other | 3 |
| persons of the potential
risk, and offer testing and counseling | 4 |
| services to these individuals. When
the contacts are notified, | 5 |
| they shall be informed of the disclosure
provisions of the AIDS | 6 |
| Confidentiality Act and the penalties therein and
this Section.
| 7 |
| (c) Contacts investigated under this Section shall in the | 8 |
| case of HIV
infection include (i) individuals who have | 9 |
| undergone invasive procedures
performed by an HIV infected | 10 |
| health care provider and (ii)
health care providers who have | 11 |
| performed invasive procedures for persons
infected with HIV, | 12 |
| provided the Department has determined that there is or
may | 13 |
| have been potential risk of HIV transmission from the health | 14 |
| care
provider to those individuals or from infected persons to | 15 |
| health care
providers. The Department shall have access to the | 16 |
| subject's records to
review for the identity of contacts. The | 17 |
| subject's records shall not be
copied or seized by the | 18 |
| Department.
| 19 |
| For purposes of this subsection, the term "invasive | 20 |
| procedures" means
those procedures termed invasive by the | 21 |
| Centers for Disease Control in
current guidelines or | 22 |
| recommendations for the prevention of HIV
transmission in | 23 |
| health care settings, and the term "health care provider"
means | 24 |
| any physician, dentist, podiatrist, advanced practice nurse, | 25 |
| physician assistant, nurse , or other person providing
health | 26 |
| care services of any kind.
| 27 |
| (d) All information and records held by the Department and | 28 |
| local health
authorities pertaining to activities conducted | 29 |
| pursuant to this Section
shall be strictly confidential and | 30 |
| exempt from copying and inspection under
the Freedom of | 31 |
| Information Act. Such information and records shall not be
| 32 |
| released or made public by the Department or local health | 33 |
| authorities, and
shall not be admissible as evidence, nor | 34 |
| discoverable in any action of any
kind in any court or before | 35 |
| any tribunal, board, agency or person and shall
be treated in | 36 |
| the same manner as the information and those records subject
to |
|
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| the provisions of Part 21 of the Code of Civil Procedure except | 2 |
| under
the following circumstances:
| 3 |
| (1) When made with the written consent of all persons | 4 |
| to whom this
information pertains;
| 5 |
| (2) When authorized under Section 8 to be released | 6 |
| under court order
or subpoena pursuant to Section 12-16.2 | 7 |
| of the Criminal Code of 1961; or
| 8 |
| (3) When made by the Department for the purpose of | 9 |
| seeking a warrant
authorized by Sections 6 and 7 of this | 10 |
| Act. Such disclosure shall conform
to the requirements of | 11 |
| subsection (a) of Section 8 of this Act.
| 12 |
| (e) Any person who knowingly or maliciously disseminates | 13 |
| any
information or report concerning the existence of any | 14 |
| disease under this
Section is guilty of a Class A misdemeanor.
| 15 |
| (Source: P.A. 87-763.)
| 16 |
| (410 ILCS 325/6) (from Ch. 111 1/2, par. 7406)
| 17 |
| Sec. 6. Physical examination and treatment.
| 18 |
| (a) Subject to the provisions of subsection (c) of this | 19 |
| Section, the
Department and its authorized representatives may | 20 |
| examine or cause to be
examined persons reasonably believed to | 21 |
| be infected with or to have been
exposed to a sexually | 22 |
| transmissible disease.
| 23 |
| (b) Subject to the provisions of subsection (c) of this | 24 |
| Section, persons
with a sexually transmissible disease shall | 25 |
| report for complete treatment to a
physician licensed under the | 26 |
| provisions of the Medical Practice Act of
1987, an advanced | 27 |
| practice nurse licensed under the provisions of the Nursing and | 28 |
| Advanced Practice Nursing Act, or a physician assistant | 29 |
| licensed under the provisions of the Physician Assistant | 30 |
| Practice Act of 1987, or shall submit to treatment at a | 31 |
| facility provided by a local health
authority or other public | 32 |
| facility, as the Department shall require by rule or
regulation | 33 |
| until the disease is noncommunicable or the Department | 34 |
| determines
that the person does not present a real and present | 35 |
| danger to the public
health. This subsection (b) shall not be |
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| construed to require the Department
or local health authorities | 2 |
| to pay for or provide such treatment.
| 3 |
| (c) No person shall be apprehended, examined or treated for | 4 |
| a sexually
transmissible disease against his will, under the | 5 |
| provisions of this Act,
except upon the presentation of a | 6 |
| warrant duly authorized by a court of
competent jurisdiction. | 7 |
| In requesting the issuance of such a warrant the
Department | 8 |
| shall show by a preponderance of evidence that the person is
| 9 |
| infectious and that a real and present danger to the public | 10 |
| health and
welfare exists unless such warrant is issued and | 11 |
| shall show that all other
reasonable means of obtaining | 12 |
| compliance have been exhausted and that no
other less | 13 |
| restrictive alternative is available. The court shall require
| 14 |
| any proceedings authorized by this subsection (c) to be | 15 |
| conducted in
camera. A record shall be made of such proceedings | 16 |
| but shall be sealed,
impounded and preserved in the records of | 17 |
| the court, to be made available
to the reviewing court in the | 18 |
| event of an appeal.
| 19 |
| (d) Any person who knowingly or maliciously disseminates | 20 |
| any false
information or report concerning the existence of any | 21 |
| sexually
transmissible disease under this Section is guilty of | 22 |
| a Class A misdemeanor.
| 23 |
| (Source: P.A. 90-14, eff. 7-1-97.)
| 24 |
| Section 35. The Consent by Minors to Medical Procedures Act | 25 |
| is amended by changing Sections 1, 2, 3, and 5 as follows:
| 26 |
| (410 ILCS 210/1) (from Ch. 111, par. 4501)
| 27 |
| Sec. 1. Consent by minor. The consent to the performance of | 28 |
| a medical or
surgical procedure
by a physician licensed to | 29 |
| practice medicine and surgery , an advanced practice nurse | 30 |
| licensed to perform a medical or surgical procedure within the | 31 |
| scope of said advanced practice nurse's written collaborative | 32 |
| agreement, or a physician assistant to whom the physician | 33 |
| assistant's supervising physician has delegated the provision | 34 |
| of the medical or surgical procedure executed by a
married |
|
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| person who is a minor, by a parent who is a minor, by a pregnant
| 2 |
| woman who is a minor, or by
any person 18 years of age or older, | 3 |
| is not voidable because of such
minority, and, for such | 4 |
| purpose, a married person who is a minor, a parent
who is a | 5 |
| minor, a
pregnant woman who is a minor, or any person 18 years | 6 |
| of age or older, is
deemed to have the same legal capacity to | 7 |
| act and has the same powers and
obligations as has a person of | 8 |
| legal age.
| 9 |
| (Source: P.A. 89-187, eff. 7-19-95.)
| 10 |
| (410 ILCS 210/2) (from Ch. 111, par. 4502)
| 11 |
| Sec. 2. Any parent, including a parent who is a minor, may | 12 |
| consent to the
performance upon his or her child of a medical | 13 |
| or surgical procedure by a
physician licensed to practice | 14 |
| medicine and surgery , an advanced practice nurse licensed to | 15 |
| perform a medical or surgical procedure within the scope of | 16 |
| said advanced practice nurse's written collaborative | 17 |
| agreement, or a physician assistant to whom the physician | 18 |
| assistant's supervising physician has delegated the provision | 19 |
| of the medical or surgical procedure or a dental procedure
by a | 20 |
| licensed dentist. The consent of a parent who is a minor shall | 21 |
| not be
voidable because of such minority, but, for such | 22 |
| purpose, a parent who is a
minor shall be deemed to have the | 23 |
| same legal capacity to act and shall have
the same powers and | 24 |
| obligations as has a person of legal age.
| 25 |
| (Source: P.A. 77-1661.)
| 26 |
| (410 ILCS 210/3) (from Ch. 111, par. 4503)
| 27 |
| Sec. 3. (a) Where a hospital ,
or a physician , licensed to | 28 |
| practice medicine
or surgery, an advanced practice nurse | 29 |
| licensed to perform a medical or surgical procedure within the | 30 |
| scope of said advanced practice nurse's written collaborative | 31 |
| agreement, or a physician assistant to whom the physician | 32 |
| assistant's supervising physician has delegated the provision | 33 |
| of the medical or surgical procedure renders emergency | 34 |
| treatment or first aid or a licensed dentist
renders emergency |
|
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| dental treatment to a minor, consent of the minor's parent
or | 2 |
| legal guardian need not be obtained if, in the sole opinion of | 3 |
| the
physician,
advanced practice nurse, physician assistant,
| 4 |
| dentist , or hospital, the obtaining of consent is not | 5 |
| reasonably feasible
under the circumstances without adversely | 6 |
| affecting the condition of such
minor's health.
| 7 |
| (b) Where a minor is the victim of a predatory criminal | 8 |
| sexual assault of
a child, aggravated criminal sexual assault, | 9 |
| criminal sexual assault,
aggravated criminal sexual abuse or | 10 |
| criminal sexual abuse, as provided in
Sections 12-13 through | 11 |
| 12-16 of the Criminal Code of 1961, as now or hereafter
| 12 |
| amended, the consent
of the minor's parent or legal guardian | 13 |
| need not be obtained to authorize
a hospital, physician , | 14 |
| advanced practice nurse, physician assistant, or other medical | 15 |
| personnel to furnish medical care
or counseling related to the | 16 |
| diagnosis or treatment of any disease or injury
arising from | 17 |
| such offense. The minor may consent to such counseling, | 18 |
| diagnosis
or treatment as if the minor had reached his or her | 19 |
| age of majority. Such
consent shall not be voidable, nor | 20 |
| subject to later disaffirmance, because
of minority.
| 21 |
| (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
| 22 |
| (410 ILCS 210/5) (from Ch. 111, par. 4505)
| 23 |
| Sec. 5. Counseling; informing parent or guardian. Any | 24 |
| physician , advanced practice nurse, or physician assistant,
| 25 |
| who
provides diagnosis or treatment or any
licensed clinical | 26 |
| psychologist or professionally trained social worker
with a | 27 |
| master's degree or any qualified person employed (i) by an
| 28 |
| organization licensed or funded by the Department of Human
| 29 |
| Services, (ii) by units of local
government, or (iii) by | 30 |
| agencies or organizations operating drug abuse programs
funded | 31 |
| or licensed by the Federal Government or the State of Illinois
| 32 |
| or any qualified person employed by or associated with any | 33 |
| public or private
alcoholism or drug abuse program licensed by | 34 |
| the State of Illinois who
provides counseling to a minor | 35 |
| patient who has come into contact with any
sexually transmitted |
|
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LRB093 18998 AMC 44733 b |
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| disease referred to in Section 4 of this
Act may, but shall not | 2 |
| be
obligated to, inform the parent, parents, or guardian of the | 3 |
| minor as to
the treatment given or needed. Any person described | 4 |
| in this Section who
provides counseling to a minor who abuses | 5 |
| drugs or alcohol or has a family
member who abuses drugs or | 6 |
| alcohol shall not inform the parent, parents,
guardian, or | 7 |
| other responsible adult of the minor's condition or treatment
| 8 |
| without the minor's consent unless that action is, in the | 9 |
| person's
judgment, necessary to protect the safety of the | 10 |
| minor, a family member, or
another individual.
| 11 |
| Any such person shall, upon the minor's consent, make | 12 |
| reasonable efforts
to involve the family of the minor in his or | 13 |
| her treatment, if the person
furnishing the treatment believes | 14 |
| that the involvement of the family will
not be detrimental to | 15 |
| the progress and care of the minor. Reasonable effort
shall be | 16 |
| extended to assist the minor in accepting the involvement of | 17 |
| his
or her family in the care and treatment being given.
| 18 |
| (Source: P.A. 89-187, eff. 7-19-95; 89-507, eff. 7-1-97.)
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
|
|