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Public Act 102-1095


 

Public Act 1095 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1095
 
HB0209 EnrolledLRB102 02775 CPF 12782 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Latex
Glove Ban Act.
 
    Section 5. Definitions. In this Act:
    "Department" means the Department of Public Health.
    "EMS personnel" has the same meaning as provided in
Section 3.5 of the Emergency Medical Services (EMS) Systems
Act.
    "Food service establishment" means a food service
establishment as that term is used in the Food Handling
Regulation Enforcement Act.
    "Health care facility personnel" means personnel of a
health care facility, as that term is defined under Section 3
of the Illinois Health Facilities Planning Act.
 
    Section 10. Use of latex gloves prohibited.
    (a) On and after January 1, 2023, a food service
establishment may not permit employees to use latex gloves in
the preparation and handling of food. If latex gloves must be
used in the preparation of food due to a crisis that interrupts
a food service establishment's ability to source nonlatex
gloves, a sign shall be prominently placed at the point of
order or point of purchase clearly notifying the public of the
temporary change. To encourage compliance with this
subsection, the Department shall send a notice of warning to a
food service establishment for its first violation of this
subsection.
    (b) Except as provided under Section 15, on and after
January 1, 2023, the use of latex gloves by EMS personnel is
prohibited.
    (c) Except as provided under Section 15, on and after
January 1, 2024, the use of latex gloves by health care
facility personnel is prohibited if the patient upon whom the
latex gloves are to be used is unconscious or otherwise
physically unable to communicate and whose medical history
lacks sufficient information to indicate whether or not the
patient has a latex allergy.
 
    Section 15. Exception; crisis situation. Notwithstanding
subsections (b) and (c) of Section 10, if a crisis exists that
interrupts their ability to reliably source nonlatex gloves,
EMS personnel and health care facility personnel may use latex
gloves upon a patient. However, during the crisis, EMS
personnel and health care facility personnel shall prioritize,
to the extent possible, using nonlatex gloves for the
treatment of:
        (1) any patient with a self-identified allergy to
    latex; and
        (2) any patient upon whom the latex gloves are to be
    used who is unconscious or otherwise physically unable to
    communicate and whose medical history lacks sufficient
    information to indicate whether or not the patient has a
    latex allergy.

Effective Date: 1/1/2023