Full Text of HB5196 102nd General Assembly
HB5196enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by changing Section 4A as follows:
| 6 | | (15 ILCS 335/4A) (from Ch. 124, par. 24A)
| 7 | | Sec. 4A.
(a) "Person with a disability" as used in this Act | 8 | | means any person who
is, and who is expected to indefinitely | 9 | | continue to be, subject to any of
the following five types of | 10 | | disabilities:
| 11 | | Type One: Physical disability. A physical disability is a | 12 | | physical
impairment, disease, or loss, which is of a permanent | 13 | | nature, and which
substantially limits physical ability or | 14 | | motor skills. The
Secretary of State shall establish standards | 15 | | not inconsistent with this
provision necessary to determine | 16 | | the presence of a physical disability.
| 17 | | Type Two: Developmental disability. Developmental | 18 | | disability means "developmental disability" as defined in | 19 | | Section 1-106 of the Mental Health and Developmental | 20 | | Disabilities Code a disability that is attributable to: (i) an | 21 | | intellectual disability, cerebral palsy, epilepsy, or autism | 22 | | or (ii) any other condition that results in impairment similar | 23 | | to that caused by an intellectual disability and requires |
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| 1 | | services similar to those required by persons with | 2 | | intellectual disabilities. Such a disability must originate | 3 | | before the age of 18 years, be expected to continue | 4 | | indefinitely, and constitute a substantial disability . The | 5 | | Secretary
of State shall establish standards not inconsistent | 6 | | with this provision
necessary to determine the presence of
a | 7 | | developmental disability.
| 8 | | Type Three: Visual disability. A visual disability is | 9 | | blindness, and the term "blindness" means central vision | 10 | | acuity of 20/200 or less in the better eye with the use of a | 11 | | correcting lens. An eye that is accompanied by a limitation in | 12 | | the fields of vision so that the widest diameter of the visual | 13 | | field subtends an angle no greater than 20 degrees shall be | 14 | | considered as having a central vision acuity of 20/200 or | 15 | | less. The Secretary of State shall establish
standards not | 16 | | inconsistent with this Section necessary to determine the
| 17 | | presence of a visual disability.
| 18 | | Type Four: Hearing disability. A hearing disability is a | 19 | | disability
resulting in complete absence of hearing, or | 20 | | hearing that with sound
enhancing or magnifying equipment is
| 21 | | so impaired as to require the use of sensory input other than | 22 | | hearing
as the principal means of receiving spoken language. | 23 | | The Secretary of State
shall
establish standards not | 24 | | inconsistent with this Section
necessary to determine the | 25 | | presence of a hearing disability.
| 26 | | Type Five: Mental Disability. A mental disability is a |
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| 1 | | significant impairment of an individual's cognitive, | 2 | | affective, or relational abilities that may require | 3 | | intervention and may be a recognized, medically diagnosable | 4 | | illness or disorder. The Secretary of State shall establish
| 5 | | standards not inconsistent with this provision necessary to | 6 | | determine the
presence of a mental disability.
| 7 | | (b) For purposes of this Act, a disability shall be | 8 | | classified as
follows: Class 1 disability: A Class 1 | 9 | | disability is any type disability
which does not render a | 10 | | person unable to engage in any substantial gainful
activity or | 11 | | which does not impair his ability to live independently or to
| 12 | | perform labor or services for which he is qualified. The | 13 | | Secretary of State
shall establish standards not inconsistent | 14 | | with this Section
necessary to determine the presence of a | 15 | | Class 1 disability.
Class 1A disability: A Class 1A disability | 16 | | is a Class 1 disability which
renders a person unable to walk | 17 | | 200 feet or more unassisted by another person
or without the | 18 | | aid of a walker, crutches, braces, prosthetic device or a
| 19 | | wheelchair or without great difficulty or discomfort due to | 20 | | the following
impairments: neurologic, orthopedic, | 21 | | oncological, respiratory, cardiac, arthritic disorder, | 22 | | blindness,
or the loss of function or absence of a limb or | 23 | | limbs. The Secretary of
State shall establish standards not | 24 | | inconsistent with this Section necessary
to determine the | 25 | | presence of a Class 1A disability. Class 2
disability: A Class | 26 | | 2 disability is any type disability which renders a
person |
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| 1 | | unable to engage in any substantial gainful activity, which
| 2 | | substantially impairs his ability to live independently | 3 | | without
supervision or in-home support services, or which | 4 | | substantially impairs
his ability to perform labor
or services | 5 | | for which he is qualified or significantly restricts the
labor | 6 | | or services which he is able to perform.
The Secretary of State | 7 | | shall
establish standards not inconsistent with this Section | 8 | | necessary to
determine the presence of a Class 2 disability.
| 9 | | Class 2A disability: A Class 2A disability is a Class 2 | 10 | | disability which
renders a person unable to walk 200 feet or | 11 | | more unassisted by another
person or without the aid of a | 12 | | walker, crutches, braces, prosthetic device
or a wheelchair or | 13 | | without great difficulty or discomfort due to the
following | 14 | | impairments: neurologic, orthopedic, oncological, | 15 | | respiratory, cardiac,
arthritic disorder, blindness, or the | 16 | | loss of function or absence of a limb
or limbs. The Secretary | 17 | | of State shall establish standards not inconsistent
with this | 18 | | Section necessary to determine the presence of a Class 2A
| 19 | | disability.
| 20 | | (Source: P.A. 98-726, eff. 1-1-15; 99-143, eff. 7-27-15.)
| 21 | | Section 10. The Mental Health and Developmental | 22 | | Disabilities Administrative Act is amended by changing Section | 23 | | 2 as follows:
| 24 | | (20 ILCS 1705/2) (from Ch. 91 1/2, par. 100-2)
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| 1 | | Sec. 2. Definitions; administrative subdivisions.
| 2 | | (a) For the purposes of this Act, unless the context | 3 | | otherwise requires:
| 4 | | "Department" means the Department of Human Services, | 5 | | successor to the former
Department of Mental Health and | 6 | | Developmental Disabilities.
| 7 | | "Developmental disability" means "developmental | 8 | | disability" as defined in Section 1-106 of the Mental Health | 9 | | and Developmental Disabilities Code. | 10 | | "Intellectual disability" means the "intellectual | 11 | | disability" as defined in Section 1-116 of the Mental Health | 12 | | and Developmental Disabilities Code. | 13 | | "Secretary" means the Secretary of Human Services.
| 14 | | (b) Unless the context otherwise requires:
| 15 | | (1) References in this Act to the programs or | 16 | | facilities of the
Department
shall be construed to refer | 17 | | only to those programs or facilities of the
Department | 18 | | that pertain to mental health or developmental | 19 | | disabilities.
| 20 | | (2) References in this Act to the Department's service | 21 | | providers or
service recipients shall be construed to | 22 | | refer only to providers or recipients
of services that | 23 | | pertain to the Department's mental health and | 24 | | developmental
disabilities functions.
| 25 | | (3) References in this Act to employees of the | 26 | | Department shall be
construed to refer only to employees |
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| 1 | | whose duties pertain to the Department's
mental health and | 2 | | developmental disabilities functions.
| 3 | | (c) The Secretary shall establish such subdivisions
of the | 4 | | Department as shall
be desirable and shall assign to the | 5 | | various subdivisions the responsibilities
and duties placed | 6 | | upon the Department by the Laws of the State of Illinois.
| 7 | | (d) There is established a coordinator of services to
deaf | 8 | | and hearing impaired persons with mental disabilities. In | 9 | | hiring this
coordinator, every consideration shall be given to | 10 | | qualified deaf or hearing
impaired individuals.
| 11 | | (e) Whenever the administrative director of the | 12 | | subdivision for mental
health
services is not a | 13 | | board-certified psychiatrist, the
Secretary shall appoint a | 14 | | Chief for Clinical Services who shall be a
board-certified | 15 | | psychiatrist with both clinical and administrative
experience. | 16 | | The Chief for Clinical Services shall be responsible for all
| 17 | | clinical and medical decisions for mental health services.
| 18 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 19 | | Section 15. The Disabilities Services Act of 2003 is | 20 | | amended by changing Section 10 as follows: | 21 | | (20 ILCS 2407/10)
| 22 | | Sec. 10. Application of Act; definitions.
| 23 | | (a) This Act
applies to persons with disabilities. The | 24 | | disabilities included are
defined for purposes of this Act as |
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| 1 | | follows:
| 2 | | "Disability" means a disability as defined by the | 3 | | Americans
with Disabilities Act of 1990 that is attributable | 4 | | to a
developmental disability, a mental illness, or a physical
| 5 | | disability, or combination of those.
| 6 | | "Developmental disability" means "developmental | 7 | | disability" as defined in Section 1-106 of the Mental Health | 8 | | and Developmental Disabilities Code. a disability that is
| 9 | | attributable to an intellectual disability or a related | 10 | | condition. A
related condition must meet all of the following | 11 | | conditions:
| 12 | | (1) It must be attributable to cerebral palsy,
| 13 | | epilepsy, or any other condition (other than
mental | 14 | | illness) found to be closely related to an intellectual | 15 | | disability because that condition results in impairment of
| 16 | | general intellectual functioning or adaptive behavior | 17 | | similar
to that of individuals with an intellectual | 18 | | disability, and requires
treatment or services similar to | 19 | | those required for those
individuals. For purposes of this | 20 | | Section, autism is considered a related
condition.
| 21 | | (2) It must be manifested before the individual | 22 | | reaches
age 22.
| 23 | | (3) It must be likely to continue indefinitely.
| 24 | | (4) It must result in substantial functional
| 25 | | limitations in 3 or more of the following areas of major | 26 | | life
activity: self-care, language, learning, mobility, |
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| 1 | | self-direction, and capacity
for independent living.
| 2 | | "Mental Illness" means a mental or emotional disorder
| 3 | | verified by a diagnosis contained in the
Diagnostic and | 4 | | Statistical Manual of Mental Disorders-Fourth Edition, | 5 | | published
by the American Psychiatric Association (DSM-IV), or | 6 | | its successor, or
International Classification of Diseases, | 7 | | 9th Revision, Clinical Modification
(ICD-9-CM), or its | 8 | | successor, that
substantially impairs a person's cognitive, | 9 | | emotional, or
behavioral functioning, or any combination of | 10 | | those, excluding
(i) conditions that may be the focus of | 11 | | clinical attention but are not of
sufficient duration or | 12 | | severity to be categorized as a mental illness, such as
| 13 | | parent-child relational problems, partner-relational | 14 | | problems, sexual abuse of
a child, bereavement, academic | 15 | | problems, phase-of-life problems, and
occupational problems | 16 | | (collectively, "V codes"), (ii) organic disorders such as
| 17 | | substance intoxication dementia, substance withdrawal | 18 | | dementia, Alzheimer's
disease, vascular dementia, dementia due | 19 | | to HIV infection, and dementia due to Creutzfeldt-Jakob
| 20 | | disease
and disorders associated with
known or unknown | 21 | | physical conditions such as hallucinosis, amnestic
disorders | 22 | | and delirium, and psychoactive substance-induced organic
| 23 | | disorders, and (iii) an intellectual disability or | 24 | | psychoactive substance use
disorders.
| 25 | | "Intellectual disability" means "intellectual disability" | 26 | | as defined in Section 1-116 of the Mental Health and |
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| 1 | | Developmental Disabilities Code significantly sub-average | 2 | | general
intellectual functioning existing concurrently with | 3 | | deficits in
adaptive behavior and manifested before the age of | 4 | | 22 years .
| 5 | | "Physical disability" means a disability as defined by the
| 6 | | Americans with Disabilities Act of 1990 that meets the | 7 | | following
criteria:
| 8 | | (1) It is attributable to a physical impairment.
| 9 | | (2) It results in a substantial functional limitation
| 10 | | in any of the following areas of major life activity:
(i) | 11 | | self-care, (ii) receptive and expressive language, (iii)
| 12 | | learning, (iv) mobility, (v) self-direction, (vi) capacity
| 13 | | for independent living, and (vii) economic sufficiency.
| 14 | | (3) It reflects the person's need for a combination | 15 | | and
sequence of special, interdisciplinary, or general | 16 | | care,
treatment, or other services that are of lifelong or | 17 | | of
extended duration and must be individually planned and
| 18 | | coordinated.
| 19 | | (b) In this Act:
| 20 | | "Chronological age-appropriate services" means services, | 21 | | activities,
and strategies for persons with disabilities that | 22 | | are
representative of the lifestyle activities of nondisabled | 23 | | peers of similar
age in the community.
| 24 | | "Comprehensive evaluation" means procedures used by | 25 | | qualified professionals
selectively with an individual to
| 26 | | determine whether a person has a disability and the nature
and |
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| 1 | | extent of the services that the person with a disability
| 2 | | needs.
| 3 | | "Department" means the Department on Aging, the Department | 4 | | of Human Services,
the Department of Public Health, the | 5 | | Department of
Public Aid (now Department Healthcare and Family | 6 | | Services), the University of Illinois Division of Specialized | 7 | | Care for
Children, the Department of Children and Family | 8 | | Services, and the Illinois
State
Board of Education, where | 9 | | appropriate, as designated in the implementation plan
| 10 | | developed under Section 20.
| 11 | | "Family" means a natural, adoptive, or foster parent or | 12 | | parents or
other person or persons responsible for the care of | 13 | | an individual with a
disability in a family setting.
| 14 | | "Family or individual support" means those resources and | 15 | | services
that are necessary to maintain an individual with a
| 16 | | disability within the family home or his or her own home. These | 17 | | services may
include, but are not
limited to, cash subsidy, | 18 | | respite care, and counseling services.
| 19 | | "Independent service coordination" means a social service | 20 | | that enables
persons
with developmental disabilities and their | 21 | | families to locate, use, and
coordinate resources
and
| 22 | | opportunities in their communities on the basis of individual | 23 | | need. Independent
service
coordination is independent of | 24 | | providers of services and funding sources and is
designed
to | 25 | | ensure accessibility, continuity of care, and accountability | 26 | | and to maximize
the
potential of persons with developmental |
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| 1 | | disabilities for independence,
productivity, and
integration | 2 | | into
the community. Independent service coordination includes, | 3 | | at a minimum: (i)
outreach to
identify eligible individuals; | 4 | | (ii) assessment and periodic reassessment to
determine each
| 5 | | individual's strengths, functional limitations, and need for | 6 | | specific services;
(iii)
participation in the development of a | 7 | | comprehensive individual service or
treatment plan;
(iv) | 8 | | referral to and linkage with needed services and supports; (v) | 9 | | monitoring
to ensure
the delivery of appropriate services and | 10 | | to determine individual progress in
meeting goals
and | 11 | | objectives; and (vi) advocacy to assist the person in | 12 | | obtaining all
services for which
he or she is eligible or | 13 | | entitled.
| 14 | | "Individual service or treatment plan" means a recorded | 15 | | assessment of the
needs
of a person with a disability, a | 16 | | description of the services
recommended, the goals of each | 17 | | type of element of service, an anticipated
timetable for the | 18 | | accomplishment of the goals, and a designation of the
| 19 | | qualified professionals responsible for the implementation of | 20 | | the plan.
| 21 | | "Least restrictive environment" means an environment that
| 22 | | represents the least departure from the normal patterns of | 23 | | living and that
effectively meets the needs of the person | 24 | | receiving the service.
| 25 | | (Source: P.A. 97-227, eff. 1-1-12; 98-756, eff. 7-16-14.) |
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| 1 | | Section 25. The School Code is amended by changing Section | 2 | | 2-3.83 as follows:
| 3 | | (105 ILCS 5/2-3.83) (from Ch. 122, par. 2-3.83)
| 4 | | Sec. 2-3.83. Individual transition plan model pilot | 5 | | program.
| 6 | | (a) The General Assembly finds that transition services | 7 | | for special
education students in secondary schools are needed | 8 | | for the increasing numbers
of students exiting school | 9 | | programs. Therefore, to ensure coordinated and
timely delivery | 10 | | of services, the State shall establish a model pilot program | 11 | | to
provide such services. Local school districts, using joint | 12 | | agreements and
regional service delivery systems for special | 13 | | and vocational education
selected by the Governor's Planning | 14 | | Council on Developmental Disabilities,
shall have the primary | 15 | | responsibility to convene transition planning
meetings for | 16 | | these students who will require post-school adult services.
| 17 | | (b) For purposes of this Section:
| 18 | | (1) "Post-secondary Service Provider" means a
provider | 19 | | of services for adults who have any developmental | 20 | | disability as
defined in Section 1-106 of the Mental | 21 | | Health and Developmental
Disabilities Code or who are | 22 | | persons with one or more disabilities as defined in the | 23 | | Rehabilitation of Persons with Disabilities Act.
| 24 | | (2) "Individual Education Plan" means a written | 25 | | statement for an
exceptional child that provides at least |
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| 1 | | a statement of: the child's
present levels of educational | 2 | | performance, annual goals and short-term
instructional | 3 | | objectives; specific special education and related | 4 | | services;
the extent of participation in the regular | 5 | | education program; the projected
dates for initiation of | 6 | | services; anticipated duration of services;
appropriate | 7 | | objective criteria and evaluation procedures; and a | 8 | | schedule
for annual determination of short-term | 9 | | objectives.
| 10 | | (3) "Individual Transition Plan" (ITP) means a | 11 | | multi-agency informal
assessment of a student's needs for | 12 | | post-secondary adult services including
but not limited to | 13 | | employment, post-secondary education or training and
| 14 | | residential independent living.
| 15 | | (4) "Developmental Disability" means "developmental | 16 | | disability" as defined in Section 1-106 of the Mental | 17 | | Health and Developmental Disabilities Code a disability | 18 | | which is
attributable to: (a) an intellectual disability, | 19 | | cerebral palsy, epilepsy or autism;
or to (b) any other | 20 | | condition which results in impairment similar to that
| 21 | | caused by an intellectual disability and which requires | 22 | | services similar to those
required by persons with an | 23 | | intellectual disability. Such disability must originate | 24 | | before
the age of 18 years, be expected to continue | 25 | | indefinitely, and constitute a
substantial disability .
| 26 | | (5) "Exceptional Characteristic" means any disabling
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| 1 | | or exceptional
characteristic which interferes with a | 2 | | student's education including, but
not limited to, a | 3 | | determination that the student has a severe or profound | 4 | | mental disability, has mental disability but is trainable, | 5 | | is deaf-blind, or has
some other health impairment.
| 6 | | (c) The model pilot program required by this Section shall | 7 | | be established
and administered by the Governor's Planning | 8 | | Council on Developmental
Disabilities in conjunction with the | 9 | | case coordination pilot projects
established by the Department | 10 | | of Human Services pursuant to Section 4.1 of the Community | 11 | | Services
Act, as amended.
| 12 | | (d) The model pilot program shall include the following | 13 | | features:
| 14 | | (1) Written notice shall be sent to the student and, | 15 | | when appropriate, his
or her parent or guardian giving the | 16 | | opportunity to consent to having the
student's name and | 17 | | relevant information shared with the local case | 18 | | coordination
unit and other appropriate State or local | 19 | | agencies for purposes of inviting
participants to the | 20 | | individual transition plan meeting.
| 21 | | (2) Meetings to develop and modify, as needed, an | 22 | | Individual Transition
Plan
shall be conducted annually for | 23 | | all students with a developmental disability in
the pilot | 24 | | program area who are age 16 or older and who are receiving | 25 | | special
education services for 50% or more of their public | 26 | | school program. These
meetings shall be convened by the |
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| 1 | | local school district and conducted in
conjunction with | 2 | | any other regularly scheduled meetings such as the | 3 | | student's
annual individual educational plan meeting. The | 4 | | Governor's Planning Council on
Developmental Disabilities | 5 | | shall cooperate with and may enter into any
necessary | 6 | | written agreements with the Department of Human Services | 7 | | and the State Board of Education to
identify the target | 8 | | group of students for transition planning and the
| 9 | | appropriate case
coordination unit to serve these | 10 | | individuals.
| 11 | | (3) The ITP meetings shall be co-chaired by the | 12 | | individual education plan
coordinator and the case | 13 | | coordinator. The ITP meeting shall include but
not be | 14 | | limited to discussion of the following: the student's | 15 | | projected
date of exit from the public schools; his | 16 | | projected post-school goals
in the areas of employment, | 17 | | residential living arrangement and
post-secondary | 18 | | education or training; specific school or post-school
| 19 | | services needed during the following year to achieve the | 20 | | student's goals,
including but not limited to vocational | 21 | | evaluation, vocational education,
work experience or | 22 | | vocational training, placement assistance, independent
| 23 | | living skills training, recreational or leisure training, | 24 | | income support,
medical needs and transportation; and | 25 | | referrals and linkage to needed services,
including a | 26 | | proposed time frame for services and the responsible |
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| 1 | | agency or
provider. The individual transition plan shall | 2 | | be signed by participants in
the ITP discussion, including | 3 | | but not limited to the student's parents or
guardian, the | 4 | | student (where appropriate), multi-disciplinary team
| 5 | | representatives from the public schools, the case | 6 | | coordinator and any other
individuals who have | 7 | | participated in the ITP meeting at the discretion of the
| 8 | | individual education plan coordinator, the developmental | 9 | | disability case
coordinator or the parents or guardian.
| 10 | | (4) At least 10 days prior to the ITP meeting, the | 11 | | parents or guardian of
the student shall be notified in | 12 | | writing of the time and place of the meeting
by the local | 13 | | school district. The ITP discussion shall be documented by | 14 | | the
assigned case coordinator, and an individual student | 15 | | file shall be
maintained by each case coordination unit. | 16 | | One year following a student's
exit from public school the | 17 | | case coordinator shall conduct a follow up
interview with | 18 | | the student.
| 19 | | (5) Determinations with respect to individual | 20 | | transition plans made under
this Section shall not be | 21 | | subject to any due process requirements prescribed in
| 22 | | Section 14-8.02 of this Code.
| 23 | | (e) (Blank).
| 24 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 25 | | Section 30. The MC/DD Act is amended by changing Section |
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| 1 | | 3-801.1 as follows: | 2 | | (210 ILCS 46/3-801.1)
| 3 | | Sec. 3-801.1. Access to records of resident with | 4 | | developmental disabilities. Notwithstanding the other | 5 | | provisions of this Act to the contrary, the agency designated | 6 | | by the Governor under Section 1 of "An Act in relation to the | 7 | | protection and advocacy of the rights of persons with | 8 | | developmental disabilities, and amending Acts therein named", | 9 | | enacted by the 84th General Assembly, shall have access to the | 10 | | records of a person with developmental disabilities who | 11 | | resides in a facility, subject to the limitations of this Act. | 12 | | The agency shall also have access for the purpose of | 13 | | inspection and copying, to the records of a person with | 14 | | developmental disabilities who resides in any such facility if | 15 | | (1) a complaint is received by such agency from or on behalf of | 16 | | the person with a developmental disability, and (2) such | 17 | | person does not have a guardian or the State or the designee of | 18 | | the State is the guardian of such person. The designated | 19 | | agency shall provide written notice to the person with | 20 | | developmental disabilities and the State guardian of the | 21 | | nature of the complaint based upon which the designated agency | 22 | | has gained access to the records. No record or the contents of | 23 | | any record shall be redisclosed by the designated agency | 24 | | unless the person with developmental disabilities and the | 25 | | State guardian are provided 7 days' advance written notice, |
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| 1 | | except in emergency situations, of the designated agency's | 2 | | intent to redisclose such record, during which time the person | 3 | | with developmental disabilities or the State guardian may seek | 4 | | to judicially enjoin the designated agency's redisclosure of | 5 | | such record on the grounds that such redisclosure is contrary | 6 | | to the interests of the person with developmental | 7 | | disabilities. If a person with developmental disabilities | 8 | | resides in such a facility and has a guardian other than the | 9 | | State or the designee of the State, the facility director | 10 | | shall disclose the guardian's name, address, and telephone | 11 | | number to the designated agency at the agency's request. | 12 | | Upon request, the designated agency shall be entitled to | 13 | | inspect and copy any records or other materials which may | 14 | | further the agency's investigation of problems affecting | 15 | | numbers of persons with developmental disabilities. When | 16 | | required by law any personally identifiable information of | 17 | | persons with a developmental disability shall be removed from | 18 | | the records. However, the designated agency may not inspect or | 19 | | copy any records or other materials when the removal of | 20 | | personally identifiable information imposes an unreasonable | 21 | | burden on the facility.
For the purposes of this Section, | 22 | | "developmental disability" means "developmental disability" as | 23 | | defined in Section 1-106 of the Mental Health and | 24 | | Developmental Disabilities Code. a severe, chronic disability | 25 | | of a person which: | 26 | | (A) is attributable to a mental or physical impairment |
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| 1 | | or combination of mental and physical impairments; | 2 | | (B) is manifested before the person attains age 22; | 3 | | (C) is likely to continue indefinitely; | 4 | | (D) results in substantial functional limitations in 3 | 5 | | or more of the following areas of major life activity: (i) | 6 | | self care, (ii) receptive and expressive language, (iii) | 7 | | learning, (iv) mobility, (v) self direction, (vi) capacity | 8 | | for independent living, and (vii) economic self | 9 | | sufficiency; and | 10 | | (E) reflects the person's need for combination and | 11 | | sequence of special, interdisciplinary or generic care, | 12 | | treatment or other services which are of lifelong or | 13 | | extended duration and are individually planned and | 14 | | coordinated.
| 15 | | (Source: P.A. 99-180, eff. 7-29-15.) | 16 | | Section 35. The ID/DD Community Care Act is amended by | 17 | | changing Section 3-801.1 as follows: | 18 | | (210 ILCS 47/3-801.1)
| 19 | | Sec. 3-801.1. Access to records of resident with | 20 | | developmental disabilities. Notwithstanding the other | 21 | | provisions of this Act to the contrary, the agency designated | 22 | | by the Governor under Section 1 of "An Act in relation to the | 23 | | protection and advocacy of the rights of persons with | 24 | | developmental disabilities, and amending Acts therein named", |
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| 1 | | enacted by the 84th General Assembly, shall have access to the | 2 | | records of a person with developmental disabilities who | 3 | | resides in a facility, subject to the limitations of this Act. | 4 | | The agency shall also have access for the purpose of | 5 | | inspection and copying, to the records of a person with | 6 | | developmental disabilities who resides in any such facility if | 7 | | (1) a complaint is received by such agency from or on behalf of | 8 | | the person with a developmental disability, and (2) such | 9 | | person does not have a guardian or the State or the designee of | 10 | | the State is the guardian of such person. The designated | 11 | | agency shall provide written notice to the person with | 12 | | developmental disabilities and the State guardian of the | 13 | | nature of the complaint based upon which the designated agency | 14 | | has gained access to the records. No record or the contents of | 15 | | any record shall be redisclosed by the designated agency | 16 | | unless the person with developmental disabilities and the | 17 | | State guardian are provided 7 days' advance written notice, | 18 | | except in emergency situations, of the designated agency's | 19 | | intent to redisclose such record, during which time the person | 20 | | with developmental disabilities or the State guardian may seek | 21 | | to judicially enjoin the designated agency's redisclosure of | 22 | | such record on the grounds that such redisclosure is contrary | 23 | | to the interests of the person with developmental | 24 | | disabilities. If a person with developmental disabilities | 25 | | resides in such a facility and has a guardian other than the | 26 | | State or the designee of the State, the facility director |
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| 1 | | shall disclose the guardian's name, address, and telephone | 2 | | number to the designated agency at the agency's request. | 3 | | Upon request, the designated agency shall be entitled to | 4 | | inspect and copy any records or other materials which may | 5 | | further the agency's investigation of problems affecting | 6 | | numbers of persons with developmental disabilities. When | 7 | | required by law any personally identifiable information of | 8 | | persons with a developmental disability shall be removed from | 9 | | the records. However, the designated agency may not inspect or | 10 | | copy any records or other materials when the removal of | 11 | | personally identifiable information imposes an unreasonable | 12 | | burden on the facility.
For the purposes of this Section, | 13 | | "developmental disability" means "developmental disability" as | 14 | | defined in Section 1-106 of the Mental Health and | 15 | | Developmental Disabilities Code. a severe, chronic disability | 16 | | of a person which: | 17 | | (A) is attributable to a mental or physical impairment | 18 | | or combination of mental and physical impairments; | 19 | | (B) is manifested before the person attains age 22; | 20 | | (C) is likely to continue indefinitely; | 21 | | (D) results in substantial functional limitations in 3 | 22 | | or more of the following areas of major life activity: (i) | 23 | | self care, (ii) receptive and expressive language, (iii) | 24 | | learning, (iv) mobility, (v) self direction, (vi) capacity | 25 | | for independent living, and (vii) economic self | 26 | | sufficiency; and |
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| 1 | | (E) reflects the person's need for combination and | 2 | | sequence of special, interdisciplinary or generic care, | 3 | | treatment or other services which are of lifelong or | 4 | | extended duration and are individually planned and | 5 | | coordinated.
| 6 | | (Source: P.A. 96-339, eff. 7-1-10 .) | 7 | | Section 40. The Illinois Insurance Code is amended by | 8 | | changing Section 356z.2 as follows:
| 9 | | (215 ILCS 5/356z.2)
| 10 | | Sec. 356z.2. Coverage for adjunctive services in dental | 11 | | care.
| 12 | | (a) An individual or group policy of accident and health | 13 | | insurance
amended, delivered, issued, or renewed after January | 14 | | 1, 2003 (the effective date of Public Act 92-764) shall cover
| 15 | | charges incurred, and anesthetics provided, in
conjunction | 16 | | with dental care that is provided to a covered individual in a
| 17 | | hospital or
an ambulatory surgical treatment center
if any of | 18 | | the
following
applies:
| 19 | | (1) the individual is a child age 6 or under;
| 20 | | (2) the individual has a medical condition that | 21 | | requires
hospitalization or general anesthesia for dental | 22 | | care; or
| 23 | | (3) the individual is a person with a disability.
| 24 | | (a-5) An individual or group policy of accident and health |
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| 1 | | insurance amended, delivered, issued, or renewed after January | 2 | | 1, 2016 (the effective date of Public Act 99-141) shall cover | 3 | | charges incurred, and anesthetics provided by a dentist with a | 4 | | permit provided under Section 8.1 of the Illinois Dental | 5 | | Practice Act, in conjunction with dental care that is provided | 6 | | to a covered individual in a dental office, oral surgeon's | 7 | | office, hospital, or ambulatory surgical treatment center if | 8 | | the individual is under age 26 and has been diagnosed with an | 9 | | autism spectrum disorder as defined in Section 10 of the | 10 | | Autism Spectrum Disorders Reporting Act or a developmental | 11 | | disability. A covered individual shall be required to make 2 | 12 | | visits to the dental care provider prior to accessing other | 13 | | coverage under this subsection. | 14 | | For purposes of this subsection, "developmental | 15 | | disability" means "developmental disability" as defined in | 16 | | Section 1-106 of the Mental Health and Developmental | 17 | | Disabilities Code a disability that is attributable to an | 18 | | intellectual disability or a related condition, if the related | 19 | | condition meets all of the following conditions: | 20 | | (1) it is attributable to cerebral palsy, epilepsy, or | 21 | | any other condition, other than mental illness, found to | 22 | | be closely related to an intellectual disability because | 23 | | that condition results in impairment of general | 24 | | intellectual functioning or adaptive behavior similar to | 25 | | that of individuals with an intellectual disability and | 26 | | requires treatment or services similar to those required |
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| 1 | | for those individuals; for purposes of this definition, | 2 | | autism is considered a related condition; | 3 | | (2) it is manifested before the individual reaches age | 4 | | 22; | 5 | | (3) it is likely to continue indefinitely; and | 6 | | (4) it results in substantial functional limitations | 7 | | in 3 or more of the following areas of major life activity: | 8 | | self-care, language, learning, mobility, self-direction, | 9 | | and capacity for independent living . | 10 | | (b) For purposes of this Section, "ambulatory surgical | 11 | | treatment center"
has the meaning given to that term in | 12 | | Section 3 of the Ambulatory
Surgical Treatment Center Act.
| 13 | | For purposes of this Section, "person with a disability" | 14 | | means a person, regardless of age,
with a chronic
disability | 15 | | if the chronic disability meets all of the following | 16 | | conditions:
| 17 | | (1) It is attributable to a mental or physical | 18 | | impairment or
combination of mental and physical | 19 | | impairments.
| 20 | | (2) It is likely to continue.
| 21 | | (3) It results in substantial functional limitations | 22 | | in one or more of
the following areas of major life | 23 | | activity:
| 24 | | (A) self-care;
| 25 | | (B) receptive and expressive language;
| 26 | | (C) learning;
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| 1 | | (D) mobility;
| 2 | | (E) capacity for independent living; or
| 3 | | (F) economic self-sufficiency.
| 4 | | (c) The coverage required under this Section may be | 5 | | subject to any
limitations, exclusions, or cost-sharing | 6 | | provisions that apply generally under
the insurance policy.
| 7 | | (d) This Section does not apply to a policy that covers | 8 | | only dental care.
| 9 | | (e) Nothing in this Section requires that the dental | 10 | | services be
covered.
| 11 | | (f) The provisions of this Section do not apply to | 12 | | short-term travel,
accident-only, limited, or specified | 13 | | disease policies, nor to policies or
contracts designed for | 14 | | issuance to persons eligible for coverage under Title
XVIII of | 15 | | the Social Security Act, known as Medicare, or any other | 16 | | similar
coverage under State or federal governmental plans.
| 17 | | (Source: P.A. 101-525, eff. 1-1-20 .)
| 18 | | Section 45. The Mental Health and Developmental | 19 | | Disabilities Code is amended by changing Sections 1-106 and | 20 | | 1-116 as follows:
| 21 | | (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
| 22 | | Sec. 1-106.
"Developmental disability" means a severe, | 23 | | chronic disability, other than mental illness, found to be | 24 | | closely related to an intellectual disability because this |
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| 1 | | condition results in impairment of general intellectual | 2 | | functioning or adaptive behavior similar to that of persons | 3 | | with ID, and requires services similar to those required for a | 4 | | person with an intellectual disability. In addition, a | 5 | | developmental disability: (1) is manifested before the | 6 | | individual reaches 22 years of age; (2) is likely to continue | 7 | | indefinitely; (3) results in substantial functional | 8 | | limitations in three or more of the following areas of major | 9 | | life activity: self-care, receptive and expressive language, | 10 | | learning, mobility, self-direction, capacity for independent | 11 | | living, or economic self-sufficiency; and (4) reflects the | 12 | | individual's need for a combination and sequence of special | 13 | | interdisciplinary or generic services, individualized | 14 | | supports, or other forms of assistance that are of lifelong or | 15 | | extended duration and are individually planned and coordinated | 16 | | a disability which is
attributable to: (a) an intellectual | 17 | | disability, cerebral palsy, epilepsy or autism;
or (b) any | 18 | | other condition which results in impairment similar to that
| 19 | | caused by an intellectual disability and which requires | 20 | | services similar to those
required by persons with an | 21 | | intellectual disability. Such disability must originate before
| 22 | | the age of 18 years,
be expected to continue indefinitely, and | 23 | | constitute
a substantial disability . This definition does not | 24 | | supersede the "developmental disability" definition in Section | 25 | | 1.1 of the Firearm Owners Identification Card Act which is | 26 | | required to be applied under that Act for the purpose of |
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| 1 | | mandatory reporting.
| 2 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 3 | | (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)
| 4 | | Sec. 1-116. Intellectual disability. "Intellectual | 5 | | disability" means a disorder with onset during the | 6 | | developmental period (before the individual reaches age 22), | 7 | | that includes both intellectual and adaptive deficits in | 8 | | conceptual, social and practical domains. The following 3 | 9 | | criteria must be met: (1) deficits in intellectual functions | 10 | | such as reasoning, problem solving, planning, abstract | 11 | | thinking, judgment, academic learning, and learning from | 12 | | experience confirmed by both clinical assessment and | 13 | | individualized, standardized intelligence testing (generally | 14 | | indicated with an IQ score of about 70 or below), (2) deficits | 15 | | in adaptive functioning that result in failure to meet | 16 | | developmental and sociocultural standards for personal | 17 | | independence and social responsibility. Without ongoing | 18 | | support, the adaptive deficits limit functioning in one or | 19 | | more activities of daily life, such as communication, social | 20 | | participation, and independent living, across multiple | 21 | | environments, such as home, school, work, and community, and | 22 | | (3) onset of intellectual and adaptive deficits during the | 23 | | developmental period significantly subaverage general
| 24 | | intellectual functioning which exists concurrently with | 25 | | impairment in adaptive
behavior and which originates before |
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| 1 | | the age of 18 years . This definition does not supersede the | 2 | | "intellectual disability" definition in Section 1.1 of the | 3 | | Firearm Owners Identification Card Act which is required to be | 4 | | applied under that Act for the purpose of mandatory reporting.
| 5 | | (Source: P.A. 97-227, eff. 1-1-12.)
| 6 | | Section 50. The Specialized Living Centers Act is amended | 7 | | by changing Section 2.03 as follows:
| 8 | | (405 ILCS 25/2.03) (from Ch. 91 1/2, par. 602.03)
| 9 | | Sec. 2.03.
"Person with a developmental disability" means | 10 | | a person with a "developmental disability" as defined in | 11 | | Section 1-116 of the Mental Health and Developmental | 12 | | Disabilities Code individuals whose
disability is attributable | 13 | | to an intellectual disability, cerebral palsy, epilepsy or
| 14 | | other neurological condition which generally originates before | 15 | | such individuals
attain age 18 which had continued or can be | 16 | | expected to continue indefinitely
and which constitutes a | 17 | | substantial disability to such individuals .
| 18 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 19 | | Section 55. The Developmental Disability and Mental | 20 | | Disability Services Act is amended by changing Section 2-3 as | 21 | | follows:
| 22 | | (405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
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| 1 | | Sec. 2-3. As used in this Article, unless the context | 2 | | requires otherwise:
| 3 | | (a) "Agency" means an agency or entity licensed by the | 4 | | Department
pursuant to this Article or pursuant to the | 5 | | Community Residential
Alternatives Licensing Act.
| 6 | | (b) "Department" means the Department of Human Services, | 7 | | as successor to
the Department of Mental Health and | 8 | | Developmental Disabilities.
| 9 | | (c) "Home-based services" means services provided to an | 10 | | adult with a mental disability who lives in his or her own | 11 | | home. These services include but are
not limited to:
| 12 | | (1) home health services;
| 13 | | (2) case management;
| 14 | | (3) crisis management;
| 15 | | (4) training and assistance in self-care;
| 16 | | (5) personal care services;
| 17 | | (6) habilitation and rehabilitation services;
| 18 | | (7) employment-related services;
| 19 | | (8) respite care; and
| 20 | | (9) other skill training that enables a person to | 21 | | become self-supporting.
| 22 | | (d) "Legal guardian" means a person appointed by a court | 23 | | of competent
jurisdiction to exercise certain powers on behalf | 24 | | of an adult with a mental disability.
| 25 | | (e) "Adult with a mental disability" means a person over | 26 | | the age of 18 years
who lives in his or her own home; who needs |
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| 1 | | home-based services,
but does not require 24-hour-a-day | 2 | | supervision; and who has one of the
following conditions: | 3 | | severe autism, severe mental illness, a severe or
profound | 4 | | intellectual disability, or severe and multiple impairments.
| 5 | | (f) In one's "own home" means that an adult with a mental | 6 | | disability lives
alone; or that an adult with a mental | 7 | | disability is in full-time residence with his
or her parents, | 8 | | legal guardian, or other relatives; or that an adult with a | 9 | | mental disability is in full-time residence in a setting not | 10 | | subject to
licensure under the Nursing Home Care Act, the | 11 | | Specialized Mental Health Rehabilitation Act of 2013, the | 12 | | ID/DD Community Care Act, the MC/DD Act, or the Child Care Act | 13 | | of 1969, as now or hereafter amended, with 3 or fewer other | 14 | | adults unrelated to the
adult with a mental disability who do | 15 | | not provide home-based services to the
adult with a mental | 16 | | disability.
| 17 | | (g) "Parent" means the biological or adoptive parent
of an | 18 | | adult with a mental disability, or a person licensed as a
| 19 | | foster parent under the laws of this State who acts as a foster | 20 | | parent to an adult with a mental disability.
| 21 | | (h) "Relative" means any of the following relationships
by | 22 | | blood, marriage or adoption: parent, son, daughter, brother, | 23 | | sister,
grandparent, uncle, aunt, nephew, niece, great | 24 | | grandparent, great uncle,
great aunt, stepbrother, stepsister, | 25 | | stepson, stepdaughter, stepparent or
first cousin.
| 26 | | (i) "Severe autism" means a lifelong developmental |
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| 1 | | disability which is
typically manifested before 30 months of | 2 | | age and is characterized by
severe disturbances in reciprocal | 3 | | social interactions; verbal and
nonverbal communication and | 4 | | imaginative activity; and repertoire of
activities and | 5 | | interests. A person shall be determined severely
autistic, for | 6 | | purposes of this Article, if both of the following are | 7 | | present:
| 8 | | (1) Diagnosis consistent with the criteria for | 9 | | autistic disorder in
the current edition of the Diagnostic | 10 | | and Statistical Manual of Mental
Disorders.
| 11 | | (2) Severe disturbances in reciprocal social | 12 | | interactions; verbal and
nonverbal communication and | 13 | | imaginative activity; repertoire of activities
and | 14 | | interests. A determination of severe autism shall be based | 15 | | upon a
comprehensive, documented assessment with an | 16 | | evaluation by a licensed
clinical psychologist or | 17 | | psychiatrist. A determination of severe autism
shall not | 18 | | be based solely on behaviors relating to environmental, | 19 | | cultural
or economic differences.
| 20 | | (j) "Severe mental illness" means the manifestation of all | 21 | | of the
following characteristics:
| 22 | | (1) A primary diagnosis of one of the major mental | 23 | | disorders
in the current edition of the Diagnostic and | 24 | | Statistical Manual of Mental
Disorders listed below:
| 25 | | (A) Schizophrenia disorder.
| 26 | | (B) Delusional disorder.
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| 1 | | (C) Schizo-affective disorder.
| 2 | | (D) Bipolar affective disorder.
| 3 | | (E) Atypical psychosis.
| 4 | | (F) Major depression, recurrent.
| 5 | | (2) The individual's mental illness must substantially | 6 | | impair his
or her functioning in at least 2 of the | 7 | | following areas:
| 8 | | (A) Self-maintenance.
| 9 | | (B) Social functioning.
| 10 | | (C) Activities of community living.
| 11 | | (D) Work skills.
| 12 | | (3) Disability must be present or expected to be | 13 | | present for at least
one year.
| 14 | | A determination of severe mental illness shall be based | 15 | | upon a
comprehensive, documented assessment with an evaluation | 16 | | by a licensed
clinical psychologist or psychiatrist, and shall | 17 | | not be based solely on
behaviors relating to environmental, | 18 | | cultural or economic differences.
| 19 | | (k) "Severe or profound intellectual disability" means a | 20 | | manifestation of all
of the following characteristics:
| 21 | | (1) A diagnosis which meets Classification in Mental | 22 | | Retardation or
criteria in the current edition of the | 23 | | Diagnostic and Statistical Manual of
Mental Disorders for | 24 | | severe or profound mental retardation (an IQ of 40 or
| 25 | | below). This must be measured by a standardized instrument | 26 | | for general
intellectual functioning.
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| 1 | | (2) A severe or profound level of disturbed adaptive | 2 | | behavior. This
must be measured by a standardized adaptive | 3 | | behavior scale or informal
appraisal by the professional | 4 | | in keeping with illustrations in
Classification in Mental | 5 | | Retardation, 1983.
| 6 | | (3) Disability diagnosed before age of 18.
| 7 | | A determination of a severe or profound intellectual | 8 | | disability shall be based
upon a comprehensive, documented | 9 | | assessment with an evaluation by a
licensed clinical | 10 | | psychologist or certified school psychologist or a
| 11 | | psychiatrist, and shall not be based solely on behaviors | 12 | | relating to
environmental, cultural or economic differences.
| 13 | | (l) "Severe and multiple impairments" means the | 14 | | manifestation of all of
the following characteristics:
| 15 | | (1) The evaluation determines the presence of a | 16 | | developmental
disability which is expected to continue | 17 | | indefinitely, constitutes a
substantial disability and is | 18 | | attributable to any of the following:
| 19 | | (A) Intellectual disability as defined in Section | 20 | | 1-116 of the Mental Health and Developmental | 21 | | Disabilities Code , which is defined as general | 22 | | intellectual
functioning that is 2 or more standard | 23 | | deviations below the mean
concurrent with impairment | 24 | | of adaptive behavior which is 2 or more standard
| 25 | | deviations below the mean. Assessment of the | 26 | | individual's intellectual
functioning must be measured |
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| 1 | | by a standardized instrument for general
intellectual | 2 | | functioning .
| 3 | | (B) Cerebral palsy.
| 4 | | (C) Epilepsy.
| 5 | | (D) Autism.
| 6 | | (E) Any other condition which results in | 7 | | impairment similar to that
caused by an intellectual | 8 | | disability and which requires services similar to | 9 | | those
required by persons with intellectual | 10 | | disabilities.
| 11 | | (2) The evaluation determines multiple disabilities in | 12 | | physical, sensory,
behavioral or cognitive functioning | 13 | | which constitute a severe or profound
impairment | 14 | | attributable to one or more of the following:
| 15 | | (A) Physical functioning, which severely impairs | 16 | | the individual's motor
performance that may be due to:
| 17 | | (i) Neurological, psychological or physical | 18 | | involvement resulting in a
variety of disabling | 19 | | conditions such as hemiplegia, quadriplegia or | 20 | | ataxia,
| 21 | | (ii) Severe organ systems involvement such as | 22 | | congenital heart defect,
| 23 | | (iii) Physical abnormalities resulting in the | 24 | | individual being
non-mobile and non-ambulatory or | 25 | | confined to bed and receiving assistance
in | 26 | | transferring, or
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| 1 | | (iv) The need for regular medical or nursing | 2 | | supervision such as
gastrostomy care and feeding.
| 3 | | Assessment of physical functioning must be based | 4 | | on clinical medical
assessment by a physician licensed | 5 | | to practice medicine in all its branches,
using the | 6 | | appropriate instruments, techniques and standards of | 7 | | measurement
required by the professional.
| 8 | | (B) Sensory, which involves severe restriction due | 9 | | to hearing or
visual impairment limiting the | 10 | | individual's movement and creating
dependence in | 11 | | completing most daily activities. Hearing impairment | 12 | | is
defined as a loss of 70 decibels aided or speech | 13 | | discrimination of less
than 50% aided. Visual | 14 | | impairment is defined as 20/200 corrected in the
| 15 | | better eye or a visual field of 20 degrees or less.
| 16 | | Sensory functioning must be based on clinical medical | 17 | | assessment by a
physician licensed to practice | 18 | | medicine in all its branches using the
appropriate | 19 | | instruments, techniques and standards of measurement | 20 | | required
by the professional.
| 21 | | (C) Behavioral, which involves behavior that is | 22 | | maladaptive and presents
a danger to self or others, | 23 | | is destructive to property by deliberately
breaking, | 24 | | destroying or defacing objects, is disruptive by | 25 | | fighting, or has
other socially offensive behaviors in | 26 | | sufficient frequency or severity to
seriously limit |
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| 1 | | social integration. Assessment of behavioral | 2 | | functioning
may be measured by a standardized scale or | 3 | | informal appraisal by a clinical
psychologist or | 4 | | psychiatrist.
| 5 | | (D) Cognitive, which involves intellectual | 6 | | functioning at a measured IQ
of 70 or below. | 7 | | Assessment of cognitive functioning must be measured | 8 | | by a
standardized instrument for general intelligence.
| 9 | | (3) The evaluation determines that development is | 10 | | substantially less
than expected for the age in cognitive, | 11 | | affective or psychomotor behavior
as follows:
| 12 | | (A) Cognitive, which involves intellectual | 13 | | functioning at a measured IQ
of 70 or below. | 14 | | Assessment of cognitive functioning must be measured | 15 | | by a
standardized instrument for general intelligence.
| 16 | | (B) Affective behavior, which involves over and | 17 | | under responding to
stimuli in the environment and may | 18 | | be observed in mood, attention to
awareness, or in | 19 | | behaviors such as euphoria, anger or sadness that
| 20 | | seriously limit integration into society. Affective | 21 | | behavior must be based
on clinical assessment using | 22 | | the appropriate instruments, techniques and
standards | 23 | | of measurement required by the professional.
| 24 | | (C) Psychomotor, which includes a severe | 25 | | developmental delay in fine or
gross motor skills so | 26 | | that development in self-care, social interaction,
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| 1 | | communication or physical activity will be greatly | 2 | | delayed or restricted.
| 3 | | (4) A determination that the disability originated | 4 | | before the age of
18 years.
| 5 | | A determination of severe and multiple impairments shall | 6 | | be based upon a
comprehensive, documented assessment with an | 7 | | evaluation by a licensed
clinical psychologist or | 8 | | psychiatrist.
| 9 | | If the examiner is a licensed clinical psychologist, | 10 | | ancillary evaluation
of physical impairment, cerebral palsy or | 11 | | epilepsy must be made by a
physician licensed to practice | 12 | | medicine in all its branches.
| 13 | | Regardless of the discipline of the examiner, ancillary | 14 | | evaluation of
visual impairment must be made by an | 15 | | ophthalmologist or a licensed optometrist.
| 16 | | Regardless of the discipline of the examiner, ancillary | 17 | | evaluation of
hearing impairment must be made by an | 18 | | otolaryngologist or an audiologist
with a certificate of | 19 | | clinical competency.
| 20 | | The only exception to the above is in the case of a person | 21 | | with cerebral
palsy or epilepsy who, according to the | 22 | | eligibility criteria listed below,
has multiple impairments | 23 | | which are only physical and sensory. In such a
case, a | 24 | | physician licensed to practice medicine in all its branches | 25 | | may
serve as the examiner.
| 26 | | (m) "Twenty-four-hour-a-day supervision" means |
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| 1 | | 24-hour-a-day care by a
trained mental health or developmental | 2 | | disability professional on an ongoing
basis.
| 3 | | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | 4 | | 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
| 5 | | Section 60. The Developmental Disability Prevention Act is | 6 | | amended by changing Section 2 as follows:
| 7 | | (410 ILCS 250/2) (from Ch. 111 1/2, par. 2102)
| 8 | | Sec. 2.
As used in this Act:
| 9 | | ( a ) "perinatal" means the period of time between the | 10 | | conception of an
infant and the end of the first month of life;
| 11 | | ( b ) "congenital" means those intrauterine factors which | 12 | | influence the
growth, development and function of the fetus;
| 13 | | ( c ) "environmental" means those extrauterine factors which | 14 | | influence the
adaptation, well being or life of the newborn | 15 | | and may lead to disability;
| 16 | | ( d ) "high risk" means an increased level of risk of harm or | 17 | | mortality to
the woman of childbearing age, fetus or newborn | 18 | | from congenital and/or
environmental factors;
| 19 | | ( e ) "perinatal center" means a referral facility intended | 20 | | to care for the
high risk patient before, during, or after | 21 | | labor and delivery and
characterized by sophistication and | 22 | | availability of personnel, equipment,
laboratory, | 23 | | transportation techniques, consultation and other support
| 24 | | services;
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| 1 | | ( f ) "developmental disability" means "developmental | 2 | | disability" as defined in Section 1-106 of the Mental Health | 3 | | and Developmental Disabilities Code an intellectual | 4 | | disability, cerebral palsy,
epilepsy, or other neurological | 5 | | disabling conditions of an individual
found to be closely | 6 | | related to an intellectual disability or to require treatment
| 7 | | similar to that required by individuals with an intellectual | 8 | | disability, and the
disability originates before such | 9 | | individual attains age 18, and has
continued, or can be | 10 | | expected to continue indefinitely, and constitutes a
| 11 | | substantial disability of such individuals ;
| 12 | | ( g ) "disability" means a condition characterized by | 13 | | temporary or
permanent, partial or complete impairment of | 14 | | physical, mental or
physiological function;
| 15 | | ( h ) "Department" means the Department of Public Health.
| 16 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 17 | | Section 65. The Firearm Owners Identification Card Act is | 18 | | amended by changing Section 1.1 as follows:
| 19 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 20 | | Sec. 1.1. For purposes of this Act:
| 21 | | "Addicted to narcotics" means a person who has been: | 22 | | (1) convicted of an offense involving the use or | 23 | | possession of cannabis, a controlled substance, or | 24 | | methamphetamine within the past year; or |
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| 1 | | (2) determined by the Illinois State Police to be | 2 | | addicted to narcotics based upon federal law or federal | 3 | | guidelines. | 4 | | "Addicted to narcotics" does not include possession or use | 5 | | of a prescribed controlled substance under the direction and | 6 | | authority of a physician or other person authorized to | 7 | | prescribe the controlled substance when the controlled | 8 | | substance is used in the prescribed manner. | 9 | | "Adjudicated as a person with a mental disability" means | 10 | | the person is the subject of a determination by a court, board, | 11 | | commission or other lawful authority that the person, as a | 12 | | result of marked subnormal intelligence, or mental illness, | 13 | | mental impairment, incompetency, condition, or disease: | 14 | | (1) presents a clear and present danger to himself, | 15 | | herself, or to others; | 16 | | (2) lacks the mental capacity to manage his or her own | 17 | | affairs or is adjudicated a person with a disability as | 18 | | defined in Section 11a-2 of the Probate Act of 1975; | 19 | | (3) is not guilty in a criminal case by reason of | 20 | | insanity, mental disease or defect; | 21 | | (3.5) is guilty but mentally ill, as provided in | 22 | | Section 5-2-6 of the Unified Code of Corrections; | 23 | | (4) is incompetent to stand trial in a criminal case; | 24 | | (5) is not guilty by reason of lack of mental | 25 | | responsibility under Articles 50a and 72b of the Uniform | 26 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
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| 1 | | (6) is a sexually violent person under subsection (f) | 2 | | of Section 5 of the Sexually Violent Persons Commitment | 3 | | Act; | 4 | | (7) is a sexually dangerous person under the Sexually | 5 | | Dangerous Persons Act; | 6 | | (8) is unfit to stand trial under the Juvenile Court | 7 | | Act of 1987; | 8 | | (9) is not guilty by reason of insanity under the | 9 | | Juvenile Court Act of 1987; | 10 | | (10) is subject to involuntary admission as an | 11 | | inpatient as defined in Section 1-119 of the Mental Health | 12 | | and Developmental Disabilities Code; | 13 | | (11) is subject to involuntary admission as an | 14 | | outpatient as defined in Section 1-119.1 of the Mental | 15 | | Health and Developmental Disabilities Code; | 16 | | (12) is subject to judicial admission as set forth in | 17 | | Section 4-500 of the Mental Health and Developmental | 18 | | Disabilities Code; or | 19 | | (13) is subject to the provisions of the Interstate | 20 | | Agreements on Sexually Dangerous Persons Act. | 21 | | "Clear and present danger" means a person who: | 22 | | (1) communicates a serious threat of physical violence | 23 | | against a reasonably identifiable victim or poses a clear | 24 | | and imminent risk of serious physical injury to himself, | 25 | | herself, or another person as determined by a physician, | 26 | | clinical psychologist, or qualified examiner; or |
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| 1 | | (2) demonstrates threatening physical or verbal | 2 | | behavior, such as violent, suicidal, or assaultive | 3 | | threats, actions, or other behavior, as determined by a | 4 | | physician, clinical psychologist, qualified examiner, | 5 | | school administrator, or law enforcement official. | 6 | | "Clinical psychologist" has the meaning provided in | 7 | | Section 1-103 of the Mental Health and Developmental | 8 | | Disabilities Code. | 9 | | "Controlled substance" means a controlled substance or | 10 | | controlled substance analog as defined in the Illinois | 11 | | Controlled Substances Act. | 12 | | "Counterfeit" means to copy or imitate, without legal | 13 | | authority, with
intent
to deceive. | 14 | | "Developmental disability" means a severe, chronic | 15 | | disability of an individual that: | 16 | | (1) is attributable to a mental or physical impairment | 17 | | or combination of mental and physical impairments; | 18 | | (2) is manifested before the individual attains age | 19 | | 22; | 20 | | (3) is likely to continue indefinitely; | 21 | | (4) results in substantial functional limitations in 3 | 22 | | or more of the following areas of major life activity: | 23 | | (A) Self-care. | 24 | | (B) Receptive and expressive language. | 25 | | (C) Learning. | 26 | | (D) Mobility. |
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| 1 | | (E) Self-direction. | 2 | | (F) Capacity for independent living. | 3 | | (G) Economic self-sufficiency; and | 4 | | (5) reflects the individual's need for a combination | 5 | | and sequence of special, interdisciplinary, or generic | 6 | | services, individualized supports, or other forms of | 7 | | assistance that are of lifelong or extended duration and | 8 | | are individually planned and coordinated. | 9 | | "Federally licensed firearm dealer" means a person who is | 10 | | licensed as a federal firearms dealer under Section 923 of the | 11 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 12 | | "Firearm" means any device, by
whatever name known, which | 13 | | is designed to expel a projectile or projectiles
by the action | 14 | | of an explosion, expansion of gas or escape of gas; excluding,
| 15 | | however:
| 16 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 17 | | B-B gun which
expels a single globular projectile not | 18 | | exceeding .18 inch in
diameter or which has a maximum | 19 | | muzzle velocity of less than 700 feet
per second;
| 20 | | (1.1) any pneumatic gun, spring gun, paint ball gun, | 21 | | or B-B gun which expels breakable paint balls containing | 22 | | washable marking colors; | 23 | | (2) any device used exclusively for signaling or | 24 | | safety and required or
recommended by the United States | 25 | | Coast Guard or the Interstate Commerce
Commission;
| 26 | | (3) any device used exclusively for the firing of stud |
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| 1 | | cartridges,
explosive rivets or similar industrial | 2 | | ammunition; and
| 3 | | (4) an antique firearm (other than a machine-gun) | 4 | | which, although
designed as a weapon, the Illinois State | 5 | | Police finds by reason of
the date of its manufacture, | 6 | | value, design, and other characteristics is
primarily a | 7 | | collector's item and is not likely to be used as a weapon.
| 8 | | "Firearm ammunition" means any self-contained cartridge or | 9 | | shotgun
shell, by whatever name known, which is designed to be | 10 | | used or adaptable to
use in a firearm; excluding, however:
| 11 | | (1) any ammunition exclusively designed for use with a | 12 | | device used
exclusively for signaling signalling or safety | 13 | | and required or recommended by the
United States Coast | 14 | | Guard or the Interstate Commerce Commission; and
| 15 | | (2) any ammunition designed exclusively for use with a | 16 | | stud or rivet
driver or other similar industrial | 17 | | ammunition. | 18 | | "Gun show" means an event or function: | 19 | | (1) at which the sale and transfer of firearms is the | 20 | | regular and normal course of business and where 50 or more | 21 | | firearms are displayed, offered, or exhibited for sale, | 22 | | transfer, or exchange; or | 23 | | (2) at which not less than 10 gun show vendors | 24 | | display, offer, or exhibit for sale, sell, transfer, or | 25 | | exchange firearms.
| 26 | | "Gun show" includes the entire premises provided for an |
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| 1 | | event or function, including parking areas for the event or | 2 | | function, that is sponsored to facilitate the purchase, sale, | 3 | | transfer, or exchange of firearms as described in this | 4 | | Section.
Nothing in this definition shall be construed to | 5 | | exclude a gun show held in conjunction with competitive | 6 | | shooting events at the World Shooting Complex sanctioned by a | 7 | | national governing body in which the sale or transfer of | 8 | | firearms is authorized under subparagraph (5) of paragraph (g) | 9 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | 10 | | Unless otherwise expressly stated, "gun show" does not | 11 | | include training or safety classes, competitive shooting | 12 | | events, such as rifle, shotgun, or handgun matches, trap, | 13 | | skeet, or sporting clays shoots, dinners, banquets, raffles, | 14 | | or
any other event where the sale or transfer of firearms is | 15 | | not the primary course of business. | 16 | | "Gun show promoter" means a person who organizes or | 17 | | operates a gun show. | 18 | | "Gun show vendor" means a person who exhibits, sells, | 19 | | offers for sale, transfers, or exchanges any firearms at a gun | 20 | | show, regardless of whether the person arranges with a gun | 21 | | show promoter for a fixed location from which to exhibit, | 22 | | sell, offer for sale, transfer, or exchange any firearm. | 23 | | "Intellectual disability" means significantly subaverage | 24 | | general intellectual functioning, existing concurrently with | 25 | | deficits in adaptive behavior and manifested during the | 26 | | developmental period, which is defined as before the age of |
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| 1 | | 22, that adversely affects a child's educational performance. | 2 | | "Involuntarily admitted" has the meaning as prescribed in | 3 | | Sections 1-119 and 1-119.1 of the Mental Health and | 4 | | Developmental Disabilities Code. | 5 | | "Mental health facility" means any licensed private | 6 | | hospital or hospital affiliate, institution, or facility, or | 7 | | part thereof, and any facility, or part thereof, operated by | 8 | | the State or a political subdivision thereof which provides | 9 | | provide treatment of persons with mental illness and includes | 10 | | all hospitals, institutions, clinics, evaluation facilities, | 11 | | mental health centers, colleges, universities, long-term care | 12 | | facilities, and nursing homes, or parts thereof, which provide | 13 | | treatment of persons with mental illness whether or not the | 14 | | primary purpose is to provide treatment of persons with mental | 15 | | illness. | 16 | | "National governing body" means a group of persons who | 17 | | adopt rules and formulate policy on behalf of a national | 18 | | firearm sporting organization. | 19 | | "Patient" means: | 20 | | (1) a person who is admitted as an inpatient or | 21 | | resident of a public or private mental health facility for | 22 | | mental health treatment under Chapter III of the Mental | 23 | | Health and Developmental Disabilities Code as an informal | 24 | | admission, a voluntary admission, a minor admission, an | 25 | | emergency admission, or an involuntary admission, unless | 26 | | the treatment was solely for an alcohol abuse disorder; or |
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| 1 | | (2) a person who voluntarily or involuntarily receives | 2 | | mental health treatment as an out-patient or is otherwise | 3 | | provided services by a public or private mental health | 4 | | facility , and who poses a clear and present danger to | 5 | | himself, herself, or to others. | 6 | | " Person with a developmental disability" means a person | 7 | | with a disability which is attributable to any other condition | 8 | | which results in impairment similar to that caused by an | 9 | | intellectual disability and which requires services similar to | 10 | | those required by persons with intellectual disabilities. The | 11 | | disability must originate before the age of 18
years, be | 12 | | expected to continue indefinitely, and constitute a | 13 | | substantial disability. This disability results, in the | 14 | | professional opinion of a physician, clinical psychologist, or | 15 | | qualified examiner, in significant functional limitations in 3 | 16 | | or more of the following areas of major life activity: | 17 | | (i) self-care; | 18 | | (ii) receptive and expressive language; | 19 | | (iii) learning; | 20 | | (iv) mobility; or | 21 | | (v) self-direction. | 22 | | "Person with an intellectual disability" means a person | 23 | | with a significantly subaverage general intellectual | 24 | | functioning which exists concurrently with impairment in | 25 | | adaptive behavior and which originates before the age of 18 | 26 | | years. |
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| 1 | | "Physician" has the meaning as defined in Section 1-120 of | 2 | | the Mental Health and Developmental Disabilities Code. | 3 | | "Protective order" means any orders of protection issued | 4 | | under the Illinois Domestic Violence Act of 1986, stalking no | 5 | | contact orders issued under the Stalking No Contact Order Act, | 6 | | civil no contact orders issued under the Civil No Contact | 7 | | Order Act, and firearms restraining orders issued under the | 8 | | Firearms Restraining Order Act. | 9 | | "Qualified examiner" has the meaning provided in Section | 10 | | 1-122 of the Mental Health and Developmental Disabilities | 11 | | Code. | 12 | | "Sanctioned competitive shooting event" means a shooting | 13 | | contest officially recognized by a national or state shooting | 14 | | sport association, and includes any sight-in or practice | 15 | | conducted in conjunction with the event.
| 16 | | "School administrator" means the person required to report | 17 | | under the School Administrator Reporting of Mental Health | 18 | | Clear and Present Danger Determinations Law. | 19 | | "Stun gun or taser" has the meaning ascribed to it in | 20 | | Section 24-1 of the Criminal Code of 2012. | 21 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 22 | | revised 10-6-21.) | 23 | | Section 70. The Probate Act of 1975 is amended by changing | 24 | | Section 11a-1 as follows:
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| 1 | | (755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
| 2 | | Sec. 11a-1. "Developmental disability", "intellectual | 3 | | disability", and "related condition" defined. | 4 | | "Developmental disability" means "developmental | 5 | | disability" as defined in Section 1-116 of the Mental Health | 6 | | and Developmental Disabilities Code a disability that is | 7 | | attributable to an intellectual disability or a related | 8 | | condition . | 9 | | "Intellectual disability" means "intellectual disability" | 10 | | as defined in Section 1-116 of the Mental Health and | 11 | | Developmental Disabilities Code significantly subaverage | 12 | | general intellectual functioning existing concurrently with | 13 | | deficits in adaptive behavior and manifested before the age of | 14 | | 22 years . | 15 | | "Related condition" means a condition that: | 16 | | (1) is attributable to cerebral palsy, epilepsy, or | 17 | | any other condition, other than mental illness, found to | 18 | | be closely related to an intellectual disability because | 19 | | that condition results in impairment of general | 20 | | intellectual functioning or adaptive behavior similar to | 21 | | that of individuals with an intellectual disability, and | 22 | | requires treatment or services similar to those required | 23 | | for those individuals. For purposes of this Act, autism is | 24 | | considered a related condition; | 25 | | (2) is manifested before the individual reaches age | 26 | | 22; |
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| 1 | | (3) is likely to continue indefinitely; and | 2 | | (4) results in substantial functional limitation in 3 | 3 | | or more of the following areas of major life activity: | 4 | | self-care, language, learning, mobility, self-direction, | 5 | | and capacity for independent living.
| 6 | | (Source: P.A. 102-72, eff. 1-1-22; 102-109, eff. 1-1-22 .)
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