100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4100

 

Introduced , by Rep. Stephanie A. Kifowit

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Nurse Practice Act. Defines "retail health care facility". Creates provisions concerning workplace violence against nurses in specified medical facilities concerning notice, contacting law enforcement, and mental health services. Requires specified medical facilities to create a workplace violence prevention program with specified requirements. Provides whistleblower protections for any nurse of a specified medical facility if management retaliates against the nurse for certain actions. Provides appropriate cross references in the Department of Veterans Affairs Act, the University of Illinois Hospital Act, the MC/DD Act, the ID/DD Community Care Act, and the Hospital Licensing Act. Amends the Unified Code of Corrections. Provides that Department of Corrections and Department of Juvenile Justice institutions or facilities shall provide notice and specified protections when a committed person is transferred out of the institution or facility to receive medical care and treatment.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4100LRB100 13779 SMS 28501 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Veterans Affairs Act is
5amended by changing Section 2.07 as follows:
 
6    (20 ILCS 2805/2.07)  (from Ch. 126 1/2, par. 67.07)
7    Sec. 2.07. The Department shall employ and maintain
8sufficient and qualified staff at the veterans' homes (i) to
9fill all beds, subject to appropriation, and (ii) to fulfill
10the requirements of this Act. The Department shall report to
11the General Assembly, by January 1 and July 1 of each year, the
12number of staff employed in providing direct patient care at
13their veterans' homes, the compliance or noncompliance with
14staffing standards established by the United States Department
15of Veterans Affairs for such care, and in the event of
16noncompliance with such standards, the number of staff required
17for compliance. For purposes of this Section, a nurse who has a
18license application pending with the State shall not be deemed
19unqualified by the Department if the nurse is in compliance
20with Section 50-15 of the Nurse Practice Act.
21    A veterans home shall be subject to Sections 85-10, 85-15,
22and 85-20 of the Nurse Practice Act.
23(Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)
 

 

 

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1    Section 10. The University of Illinois Hospital Act is
2amended by adding Section 10 as follows:
 
3    (110 ILCS 330/10 new)
4    Sec. 10. Compliance with the Nurse Practice Act. The
5University of Illinois Hospital shall comply with Sections
685-10, 85-15, and 85-20 of the Nurse Practice Act.
 
7    Section 15. The MC/DD Act is amended by adding Section
82-219 as follows:
 
9    (210 ILCS 46/2-219 new)
10    Sec. 2-219. Compliance with the Nurse Practice Act. A
11facility licensed under this Act shall comply with Sections
1285-10, 85-15, and 85-20 of the Nurse Practice Act.
 
13    Section 20. The ID/DD Community Care Act is amended by
14adding Section 2-219 as follows:
 
15    (210 ILCS 47/2-219 new)
16    Sec. 2-219. Compliance with the Nurse Practice Act. A
17facility licensed under this Act shall comply with Sections
1885-10, 85-15, and 85-20 of the Nurse Practice Act.
 
19    Section 25. The Hospital Licensing Act is amended by adding

 

 

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1Section 9.7 as follows:
 
2    (210 ILCS 85/9.7 new)
3    Sec. 9.7. Compliance with the Nurse Practice Act. A
4hospital licensed under this Act shall comply with Sections
585-10, 85-15, and 85-20 of the Nurse Practice Act.
 
6    Section 30. The Nurse Practice Act is amended by changing
7Sections 55-15, 60-20, and 65-15 by adding Article 85 as
8follows:
 
9    (225 ILCS 65/55-15)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 55-15. LPN license expiration; renewal. The
12expiration date and renewal period for each license to practice
13practical nursing issued under this Act shall be set by rule.
14The holder of a license may renew the license during the month
15preceding the expiration date of the license by paying the
16required fee. It is the responsibility of the licensee to
17notify the Department in writing of a change of address.
18    The Department shall verify that a holder of a license has
19completed the safety and health training required in Section
2085-15 of this Act before renewing the holder's license.
21(Source: P.A. 95-639, eff. 10-5-07.)
 
22    (225 ILCS 65/60-20)

 

 

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1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 60-20. Expiration of RN license; renewal. The
3expiration date and renewal period for each registered
4professional nurse license issued under this Act shall be set
5by rule. The holder of a license may renew the license during
6the month preceding the expiration date of the license by
7paying the required fee. It is the responsibility of the
8licensee to notify the Department in writing of a change of
9address.
10    The Department shall verify that a holder of a license has
11completed the safety and health training required in Section
1285-15 of this Act before renewing the holder's license.
13(Source: P.A. 95-639, eff. 10-5-07.)
 
14    (225 ILCS 65/65-15)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 65-15. Expiration of APN license; renewal.
17    (a) The expiration date and renewal period for each
18advanced practice nurse license issued under this Act shall be
19set by rule. The holder of a license may renew the license
20during the month preceding the expiration date of the license
21by paying the required fee. It is the responsibility of the
22licensee to notify the Department in writing of a change of
23address.
24    (b) On and after May 30, 2020, except as provided in
25subsections (c) and (d) of this Section, each advanced practice

 

 

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1nurse is required to show proof of continued, current national
2certification in the specialty.
3    (c) An advanced practice nurse who does not meet the
4educational requirements necessary to obtain national
5certification but has continuously held an unencumbered
6license under this Act since 2001 shall not be required to show
7proof of national certification in the specialty to renew his
8or her advanced practice nurse license.
9    (d) The Department may renew the license of an advanced
10practice nurse who applies for renewal of his or her license on
11or before May 30, 2016 and is unable to provide proof of
12continued, current national certification in the specialty but
13complies with all other renewal requirements.
14    (e) Any advanced practice nurse license renewed on and
15after May 31, 2016 based on the changes made to this Section by
16this amendatory Act of the 99th General Assembly shall be
17retroactive to the expiration date.
18    (f) The Department shall verify that a holder of a license
19has completed the safety and health training required in
20Section 85-15 of this Act before renewing the holder's license.
21(Source: P.A. 99-505, eff. 5-27-16.)
 
22    (225 ILCS 65/Art. 85 heading new)
23
ARTICLE 85. WORKPLACE SAFETY

 
24    (225 ILCS 65/85-5 new)

 

 

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1    Sec. 85-5. Definitions. For the purposes of this Article,
2"retail health care facility" or "facility" means an
3institution, place, or building, or any portion thereof, that:
4        (1) is devoted to the maintenance and operation of a
5    facility for the performance of health care services and is
6    located within a retail store or pharmacy at a specific
7    location;
8        (2) does not provide surgical services or any form of
9    general anesthesia;
10        (3) does not provide beds or other accommodations for
11    either the long-term or overnight stay of patients; and
12        (4) discharges individual patients in an ambulatory
13    condition without danger to the continued well-being of the
14    patients and transfers non-ambulatory patients to
15    hospitals.
16    "Retail health care facility" or "facility" does not
17include hospitals, long-term care facilities, ambulatory
18treatment centers, blood banks, clinical laboratories, offices
19of physicians, advanced practice nurses, podiatrists, and
20physician assistants, and pharmacies that provide
21pharmaceutical services.
 
22    (225 ILCS 65/85-10 new)
23    Sec. 85-10. Workplace safety.
24    (a) This Section applies to a retail health care facility,
25a hospital or facility subject to the Hospital Licensing Act,

 

 

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1the University of Illinois Hospital Act, the MC/DD Act, or the
2ID/DD Community Care Act, and a veterans home as defined in the
3Department of Veterans Affairs Act.
4    (b) A nurse that contacts law enforcement or files a
5complaint against a patient or individual because of workplace
6violence shall provide notice to management of the retail
7health care facility, hospital, facility, or veterans home in
8which he or she is employed within 3 days after contacting law
9enforcement or filing the complaint.
10    (c) No management of a retail health care facility,
11hospital, facility, or veterans home may discourage a nurse
12from exercising his or her right to contact law enforcement or
13file a complaint because of workplace violence.
14    (d) A retail health care facility, hospital, facility, or
15veterans home that employs any nurse licensed under this Act
16shall display a notice stating that verbal aggression will not
17be tolerated and physical assault will be prosecuted to the
18fullest extent of the law.
19    (e) The retail health care facility, hospital, facility, or
20veterans home shall provide mental health services for a nurse
21that is a victim of workplace violence.
 
22    (225 ILCS 65/85-15 new)
23    Sec. 85-15. Workplace violence prevention program.
24    (a) This Section applies to a hospital or facility subject
25to the Hospital Licensing Act, the University of Illinois

 

 

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1Hospital Act, the MC/DD Act, or the ID/DD Community Care Act
2and a veterans home as defined in the Department of Veterans
3Affairs Act.
4    (b) A hospital, facility, or veterans home shall create a
5workplace violence prevention program that includes:
6        (1) management commitment and worker participation;
7        (2) worksite analysis and identification of potential
8    hazards;
9        (3) hazard prevention and control;
10        (4) safety and health training with required hours
11    determined by rule; and
12        (5) recordkeeping and evaluation of the violence
13    prevention program.
 
14    (225 ILCS 65/85-20 new)
15    Sec. 85-20. Whistleblower protection.
16    (a) This Section applies to a retail health care facility,
17a hospital or facility subject to the Hospital Licensing Act,
18the University of Illinois Hospital Act, the MC/DD Act, or the
19ID/DD Community Care Act, and a veterans home as defined in the
20Department of Veterans Affairs Act.
21    (b) In this Section, "retaliatory action" means the
22reprimand, discharge, suspension, demotion, denial of
23promotion or transfer, or change in the terms and conditions of
24employment of any nurse employed by a retail health care
25facility, hospital, facility, or veterans home that is taken in

 

 

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1retaliation for the nurse's involvement in a protected activity
2as set forth in paragraphs (1) through (4) of subsection (c).
3    (c) A retail health care facility, hospital, facility, or
4veterans home may not take any retaliatory action against a
5nurse employed by the retail health care facility, hospital,
6facility, or veterans home because the nurse does any of the
7following:
8        (1) discloses or threatens to disclose to a supervisor
9    or to a public body an activity, policy, or practice
10    implemented by or inaction by a retail health care
11    facility, hospital, facility, or veterans home that the
12    nurse reasonably believes is in violation of a law, rule,
13    or regulation;
14        (2) provides information to or testifies before any
15    public body conducting an investigation, hearing, or
16    inquiry into any violation of a law, rule, or regulation by
17    a retail health care facility, hospital, facility, or
18    veterans home;
19        (3) files a complaint against a patient or individual
20    for assault that took place while working as a nurse in the
21    retail health care facility, hospital, facility, or
22    veterans home; or
23        (4) assists or participates in a proceeding to enforce
24    the provisions of this Act.
25    (d) A violation of this Section may be established only
26upon a finding that (i) the nurse employed by the retail health

 

 

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1care facility, hospital, facility, or veterans home engaged in
2conduct described in subsection (c) of this Section, and (ii)
3this conduct was a contributing factor in the retaliatory
4action alleged by the nurse. There is no violation of this
5Section, however, if the retail health care facility, hospital,
6facility, or veterans home demonstrates by clear and convincing
7evidence that it would have taken the same unfavorable
8personnel action in the absence of that conduct.
9    (e) The nurse employed by the retail health care facility,
10hospital, facility, or veterans home may be awarded all
11remedies necessary to make the nurse whole and to prevent
12future violations of this Section. Remedies imposed by the
13court may include, but are not limited to, all of the
14following:
15        (1) Reinstatement of the nurse to either the same
16    position held before the retaliatory action or to an
17    equivalent position.
18        (2) Two times the amount of back pay.
19        (3) Interest on the back pay.
20        (4) Reinstatement of full fringe benefits and
21    seniority rights.
22        (5) Payment of reasonable costs and attorney's fees.
23    (f) Nothing in this Section shall be deemed to diminish the
24rights, privileges, or remedies of a nurse employed by a retail
25health care facility, hospital, facility, or veterans home
26under any other federal or State law, rule, or regulation or

 

 

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1under any employment contract.
 
2    Section 35. The Unified Code of Corrections is amended by
3changing Section 3-6-2 as follows:
 
4    (730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
5    Sec. 3-6-2. Institutions and Facility Administration.
6    (a) Each institution and facility of the Department shall
7be administered by a chief administrative officer appointed by
8the Director. A chief administrative officer shall be
9responsible for all persons assigned to the institution or
10facility. The chief administrative officer shall administer
11the programs of the Department for the custody and treatment of
12such persons.
13    (b) The chief administrative officer shall have such
14assistants as the Department may assign.
15    (c) The Director or Assistant Director shall have the
16emergency powers to temporarily transfer individuals without
17formal procedures to any State, county, municipal or regional
18correctional or detention institution or facility in the State,
19subject to the acceptance of such receiving institution or
20facility, or to designate any reasonably secure place in the
21State as such an institution or facility and to make transfers
22thereto. However, transfers made under emergency powers shall
23be reviewed as soon as practicable under Article 8, and shall
24be subject to Section 5-905 of the Juvenile Court Act of 1987.

 

 

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1This Section shall not apply to transfers to the Department of
2Human Services which are provided for under Section 3-8-5 or
3Section 3-10-5.
4    (d) The Department shall provide educational programs for
5all committed persons so that all persons have an opportunity
6to attain the achievement level equivalent to the completion of
7the twelfth grade in the public school system in this State.
8Other higher levels of attainment shall be encouraged and
9professional instruction shall be maintained wherever
10possible. The Department may establish programs of mandatory
11education and may establish rules and regulations for the
12administration of such programs. A person committed to the
13Department who, during the period of his or her incarceration,
14participates in an educational program provided by or through
15the Department and through that program is awarded or earns the
16number of hours of credit required for the award of an
17associate, baccalaureate, or higher degree from a community
18college, college, or university located in Illinois shall
19reimburse the State, through the Department, for the costs
20incurred by the State in providing that person during his or
21her incarceration with the education that qualifies him or her
22for the award of that degree. The costs for which reimbursement
23is required under this subsection shall be determined and
24computed by the Department under rules and regulations that it
25shall establish for that purpose. However, interest at the rate
26of 6% per annum shall be charged on the balance of those costs

 

 

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1from time to time remaining unpaid, from the date of the
2person's parole, mandatory supervised release, or release
3constituting a final termination of his or her commitment to
4the Department until paid.
5    (d-5) A person committed to the Department is entitled to
6confidential testing for infection with human immunodeficiency
7virus (HIV) and to counseling in connection with such testing,
8with no copay to the committed person. A person committed to
9the Department who has tested positive for infection with HIV
10is entitled to medical care while incarcerated, counseling, and
11referrals to support services, in connection with that positive
12test result. Implementation of this subsection (d-5) is subject
13to appropriation.
14    (e) A person committed to the Department who becomes in
15need of medical or surgical treatment but is incapable of
16giving consent thereto shall receive such medical or surgical
17treatment by the chief administrative officer consenting on the
18person's behalf. Before the chief administrative officer
19consents, he or she shall obtain the advice of one or more
20physicians licensed to practice medicine in all its branches in
21this State. If such physician or physicians advise:
22        (1) that immediate medical or surgical treatment is
23    required relative to a condition threatening to cause
24    death, damage or impairment to bodily functions, or
25    disfigurement; and
26        (2) that the person is not capable of giving consent to

 

 

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1    such treatment; the chief administrative officer may give
2    consent for such medical or surgical treatment, and such
3    consent shall be deemed to be the consent of the person for
4    all purposes, including, but not limited to, the authority
5    of a physician to give such treatment.
6    (e-5) If a physician providing medical care to a committed
7person on behalf of the Department advises the chief
8administrative officer that the committed person's mental or
9physical health has deteriorated as a result of the cessation
10of ingestion of food or liquid to the point where medical or
11surgical treatment is required to prevent death, damage, or
12impairment to bodily functions, the chief administrative
13officer may authorize such medical or surgical treatment.
14    (f) In the event that the person requires medical care and
15treatment at a place other than the institution or facility,
16the person may be removed therefrom under conditions prescribed
17by the Department. The Department shall require the committed
18person receiving medical or dental services on a non-emergency
19basis to pay a $5 co-payment to the Department for each visit
20for medical or dental services. The amount of each co-payment
21shall be deducted from the committed person's individual
22account. A committed person who has a chronic illness, as
23defined by Department rules and regulations, shall be exempt
24from the $5 co-payment for treatment of the chronic illness. A
25committed person shall not be subject to a $5 co-payment for
26follow-up visits ordered by a physician, who is employed by, or

 

 

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1contracts with, the Department. A committed person who is
2indigent is exempt from the $5 co-payment and is entitled to
3receive medical or dental services on the same basis as a
4committed person who is financially able to afford the
5co-payment. For purposes of this Section only, "indigent" means
6a committed person who has $20 or less in his or her Inmate
7Trust Fund at the time of such services and for the 30 days
8prior to such services. Notwithstanding any other provision in
9this subsection (f) to the contrary, any person committed to
10any facility operated by the Department of Juvenile Justice, as
11set forth in Section 3-2.5-15 of this Code, is exempt from the
12co-payment requirement for the duration of confinement in those
13facilities.
14    (f-5) In the event that a person receives medical care and
15treatment at a place other than the Department of Corrections
16or Department of Juvenile Justice institution or facility, the
17institution or facility shall:
18        (1) contact the hospital or medical facility that is
19    treating the person prior to the person's visit, except in
20    situations of a medical emergency;
21        (2) provide 2 guards to accompany the person at all
22    times during the visit to the hospital or medical facility;
23        (3) ensure the person is wearing security restraints on
24    wrists and ankles at all times; and
25        (4) prevent anyone from visiting the person, except
26    medical personnel, unless death is imminent. In the event

 

 

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1    that death is imminent:
2            (A) the hospital or medical facility shall follow
3        the rules required by the facility or institution for
4        visitation;
5            (B) the name of the visitor must be listed per the
6        facility's or institution's documentation;
7            (C) the visitor shall submit to the search of his
8        or her person or any personal property under his or her
9        control at any time;
10            (D) the visitor and person shall not have access to
11        a telephone;
12            (E) only one visitor may be allowed to meet with
13        the person at a time.
14    (g) Any person having sole custody of a child at the time
15of commitment or any woman giving birth to a child after her
16commitment, may arrange through the Department of Children and
17Family Services for suitable placement of the child outside of
18the Department of Corrections. The Director of the Department
19of Corrections may determine that there are special reasons why
20the child should continue in the custody of the mother until
21the child is 6 years old.
22    (h) The Department may provide Family Responsibility
23Services which may consist of, but not be limited to the
24following:
25        (1) family advocacy counseling;
26        (2) parent self-help group;

 

 

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1        (3) parenting skills training;
2        (4) parent and child overnight program;
3        (5) parent and child reunification counseling, either
4    separately or together, preceding the inmate's release;
5    and
6        (6) a prerelease reunification staffing involving the
7    family advocate, the inmate and the child's counselor, or
8    both and the inmate.
9    (i) (Blank).
10    (j) Any person convicted of a sex offense as defined in the
11Sex Offender Management Board Act shall be required to receive
12a sex offender evaluation prior to release into the community
13from the Department of Corrections. The sex offender evaluation
14shall be conducted in conformance with the standards and
15guidelines developed under the Sex Offender Management Board
16Act and by an evaluator approved by the Board.
17    (k) Any minor committed to the Department of Juvenile
18Justice for a sex offense as defined by the Sex Offender
19Management Board Act shall be required to undergo sex offender
20treatment by a treatment provider approved by the Board and
21conducted in conformance with the Sex Offender Management Board
22Act.
23    (l) Prior to the release of any inmate committed to a
24facility of the Department or the Department of Juvenile
25Justice, the Department must provide the inmate with
26appropriate information verbally, in writing, by video, or

 

 

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1other electronic means, concerning HIV and AIDS. The Department
2shall develop the informational materials in consultation with
3the Department of Public Health. At the same time, the
4Department must also offer the committed person the option of
5testing for infection with human immunodeficiency virus (HIV),
6with no copayment for the test. Pre-test information shall be
7provided to the committed person and informed consent obtained
8as required in subsection (d) of Section 3 and Section 5 of the
9AIDS Confidentiality Act. The Department may conduct opt-out
10HIV testing as defined in Section 4 of the AIDS Confidentiality
11Act. If the Department conducts opt-out HIV testing, the
12Department shall place signs in English, Spanish and other
13languages as needed in multiple, highly visible locations in
14the area where HIV testing is conducted informing inmates that
15they will be tested for HIV unless they refuse, and refusal or
16acceptance of testing shall be documented in the inmate's
17medical record. The Department shall follow procedures
18established by the Department of Public Health to conduct HIV
19testing and testing to confirm positive HIV test results. All
20testing must be conducted by medical personnel, but pre-test
21and other information may be provided by committed persons who
22have received appropriate training. The Department, in
23conjunction with the Department of Public Health, shall develop
24a plan that complies with the AIDS Confidentiality Act to
25deliver confidentially all positive or negative HIV test
26results to inmates or former inmates. Nothing in this Section

 

 

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1shall require the Department to offer HIV testing to an inmate
2who is known to be infected with HIV, or who has been tested
3for HIV within the previous 180 days and whose documented HIV
4test result is available to the Department electronically. The
5testing provided under this subsection (l) shall consist of a
6test approved by the Illinois Department of Public Health to
7determine the presence of HIV infection, based upon
8recommendations of the United States Centers for Disease
9Control and Prevention. If the test result is positive, a
10reliable supplemental test based upon recommendations of the
11United States Centers for Disease Control and Prevention shall
12be administered.
13    Prior to the release of an inmate who the Department knows
14has tested positive for infection with HIV, the Department in a
15timely manner shall offer the inmate transitional case
16management, including referrals to other support services.
17    (m) The chief administrative officer of each institution or
18facility of the Department shall make a room in the institution
19or facility available for addiction recovery services to be
20provided to committed persons on a voluntary basis. The
21services shall be provided for one hour once a week at a time
22specified by the chief administrative officer of the
23institution or facility if the following conditions are met:
24        (1) the addiction recovery service contacts the chief
25    administrative officer to arrange the meeting;
26        (2) the committed person may attend the meeting for

 

 

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1    addiction recovery services only if the committed person
2    uses pre-existing free time already available to the
3    committed person;
4        (3) all disciplinary and other rules of the institution
5    or facility remain in effect;
6        (4) the committed person is not given any additional
7    privileges to attend addiction recovery services;
8        (5) if the addiction recovery service does not arrange
9    for scheduling a meeting for that week, no addiction
10    recovery services shall be provided to the committed person
11    in the institution or facility for that week;
12        (6) the number of committed persons who may attend an
13    addiction recovery meeting shall not exceed 40 during any
14    session held at the correctional institution or facility;
15        (7) a volunteer seeking to provide addiction recovery
16    services under this subsection (m) must submit an
17    application to the Department of Corrections under
18    existing Department rules and the Department must review
19    the application within 60 days after submission of the
20    application to the Department; and
21        (8) each institution and facility of the Department
22    shall manage the addiction recovery services program
23    according to its own processes and procedures.
24    For the purposes of this subsection (m), "addiction
25recovery services" means recovery services for alcoholics and
26addicts provided by volunteers of recovery support services

 

 

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1recognized by the Department of Human Services.
2(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
3eff. 8-12-11; 97-562, eff. 1-1-12; 97-802, eff. 7-13-12;
497-813, eff. 7-13-12.)

 

 

HB4100- 22 -LRB100 13779 SMS 28501 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2805/2.07from Ch. 126 1/2, par. 67.07
4    110 ILCS 330/10 new
5    210 ILCS 46/2-219 new
6    210 ILCS 47/2-219 new
7    210 ILCS 85/9.7 new
8    225 ILCS 65/55-15
9    225 ILCS 65/60-20
10    225 ILCS 65/65-15
11    225 ILCS 65/Art. 85
12    heading new
13    225 ILCS 65/85-5 new
14    225 ILCS 65/85-10 new
15    225 ILCS 65/85-15 new
16    225 ILCS 65/85-20 new
17    730 ILCS 5/3-6-2from Ch. 38, par. 1003-6-2