Public Act 093-0962
 
SB2377 Enrolled LRB093 19003 AMC 44738 b

    AN ACT concerning health care.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Occupational Therapy Practice Act
is amended by changing Sections 3.1 and 19 as follows:
 
    (225 ILCS 75/3.1)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 3.1. Referrals. A licensed occupational therapist or
licensed occupational therapy assistant may consult with,
educate, evaluate, and monitor services for clients concerning
non-medical occupational therapy needs. Implementation of
direct occupational therapy to individuals for their specific
health care conditions shall be based upon a referral from a
licensed physician, dentist, podiatrist, advanced practice
nurse who has a written collaborative agreement with a
collaborating physician to provide or accept referrals from
licensed occupational therapists, physician assistant who has
been delegated authority to provide or accept referrals from or
to licensed occupational therapists, or optometrist.
    An occupational therapist shall refer to a licensed
physician, dentist, optometrist, advanced practice nurse,
physician assistant, or podiatrist any patient whose medical
condition should, at the time of evaluation or treatment, be
determined to be beyond the scope of practice of the
occupational therapist.
(Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03.)
 
    (225 ILCS 75/19)  (from Ch. 111, par. 3719)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19. (a) The Department may refuse to issue or renew,
or may revoke, suspend, place on probation, reprimand or take
other disciplinary action as the Department may deem proper,
including fines not to exceed $2,500 for each violation, with
regard to any license for any one or combination of the
following:
        (1) Material misstatement in furnishing information to
    the Department;
        (2) Wilfully violating this Act, or of the rules
    promulgated thereunder;
        (3) Conviction of any crime under the laws of the
    United States or any state or territory thereof which is a
    felony or which is a misdemeanor, an essential element of
    which is dishonesty, or of any crime which is directly
    related to the practice of occupational therapy;
        (4) Making any misrepresentation for the purpose of
    obtaining certification, or violating any provision of
    this Act or the rules promulgated thereunder pertaining to
    advertising;
        (5) Having demonstrated unworthiness, or incompetency
    to act as an occupational therapist or occupational therapy
    assistant in such manner as to safeguard the interest of
    the public;
        (6) Wilfully aiding or assisting another person, firm,
    partnership or corporation in violating any provision of
    this Act or rules;
        (7) Failing, within 60 days, to provide information in
    response to a written request made by the Department;
        (8) Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public;
        (9) Habitual intoxication or addiction to the use of
    drugs;
        (10) Discipline by another state, the District of
    Columbia, a territory, or foreign nation, if at least one
    of the grounds for the discipline is the same or
    substantially equivalent to those set forth herein;
        (11) Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership or association
    any fee, commission, rebate or other form of compensation
    for professional services not actually or personally
    rendered;
        (12) A finding by the Department that the license
    holder, after having his license disciplined, has violated
    the terms of the discipline;
        (13) Wilfully making or filing false records or reports
    in the practice of occupational therapy, including but not
    limited to false records filed with the State agencies or
    departments;
        (14) Physical illness, including but not limited to,
    deterioration through the aging process, or loss of motor
    skill which results in the inability to practice the
    profession with reasonable judgment, skill or safety;
        (15) Solicitation of professional services other than
    by permitted advertising;
        (16) Wilfully exceeding the scope of practice
    customarily undertaken by persons licensed under this Act,
    which conduct results in, or may result in, harm to the
    public;
        (17) Holding one's self out to practice occupational
    therapy under any name other than his own or impersonation
    of any other occupational therapy licensee;
        (18) Gross negligence;
        (19) Malpractice;
        (20) Obtaining a fee in money or gift in kind of any
    other items of value or in the form of financial profit or
    benefit as personal compensation, or as compensation, or
    charge, profit or gain for an employer or for any other
    person or persons, on the fraudulent misrepresentation
    that a manifestly incurable condition of sickness, disease
    or injury to any person can be cured;
        (21) Accepting commissions or rebates or other forms of
    remuneration for referring persons to other professionals;
        (22) Failure to file a return, or to pay the tax,
    penalty or interest shown in a filed return, or to pay any
    final assessment of tax, penalty or interest, as required
    by any tax Act administered by the Illinois Department of
    Revenue, until such time as the requirements of any such
    tax Act are satisfied;
        (23) Violating the Health Care Worker Self-Referral
    Act; and
        (24) Having treated patients other than by the practice
    of occupational therapy as defined in this Act, or having
    treated patients as a licensed occupational therapist
    independent of a referral from a physician, advanced
    practice nurse or physician assistant in accordance with
    Section 3.1, dentist, podiatrist, or optometrist, or
    having failed to notify the physician, advanced practice
    nurse, physician assistant, dentist, podiatrist, or
    optometrist who established a diagnosis that the patient is
    receiving occupational therapy pursuant to that diagnosis.
    (b) The determination by a circuit court that a license
holder is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, operates as an
automatic suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission, an order by the
court so finding and discharging the patient, and the
recommendation of the Board to the Director that the license
holder be allowed to resume his practice.
    (c) The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied as determined by the Department
of Revenue.
    (d) In enforcing this Section, the Board, upon a showing of
a possible violation, may compel a licensee or applicant to
submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The examining
physicians or clinical psychologists shall be those
specifically designated by the Board. The Board or the
Department may order (i) the examining physician to present
testimony concerning the mental or physical examination of a
licensee or applicant or (ii) the examining clinical
psychologist to present testimony concerning the mental
examination of a licensee or applicant. No information shall be
excluded by reason of any common law or statutory privilege
relating to communications between a licensee or applicant and
the examining physician or clinical psychologist. An
individual to be examined may have, at his or her own expense,
another physician or clinical psychologist of his or her choice
present during all aspects of the examination. Failure of an
individual to submit to a mental or physical examination, when
directed, is grounds for suspension of his or her license. The
license must remain suspended until the person submits to the
examination or the Board finds, after notice and hearing, that
the refusal to submit to the examination was with reasonable
cause.
    If the Board finds an individual unable to practice because
of the reasons set forth in this Section, the Board must
require the individual to submit to care, counseling, or
treatment by a physician or clinical psychologist approved by
the Board, as a condition, term, or restriction for continued,
reinstated, or renewed licensure to practice. In lieu of care,
counseling, or treatment, the Board may recommend that the
Department file a complaint to immediately suspend or revoke
the license of the individual or otherwise discipline the
licensee.
    Any individual whose license was granted, continued,
reinstated, or renewed subject to conditions, terms, or
restrictions, as provided for in this Section, or any
individual who was disciplined or placed on supervision
pursuant to this Section must be referred to the Director for a
determination as to whether the person shall have his or her
license suspended immediately, pending a hearing by the Board.
(Source: P.A. 93-461, eff. 8-8-03.)
 
    Section 15. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 2.2, 5, and 6.4
as follows:
 
    (410 ILCS 70/2.2)
    Sec. 2.2. Emergency contraception.
    (a) The General Assembly finds:
        (1) Crimes of sexual violence cause significant
    physical, emotional, and psychological trauma to the
    victims. This trauma is compounded by a victim's fear of
    becoming pregnant and bearing a child as a result of the
    sexual assault.
        (2) Each year over 32,000 women become pregnant in the
    United States as the result of rape and approximately 50%
    of these pregnancies end in abortion.
        (3) As approved for use by the Federal Food and Drug
    Administration (FDA), emergency contraception can
    significantly reduce the risk of pregnancy if taken within
    72 hours after the sexual assault.
        (4) By providing emergency contraception to rape
    victims in a timely manner, the trauma of rape can be
    significantly reduced.
    (b) Within 120 days after the effective date of this
amendatory Act of the 92nd General Assembly, every hospital
providing services to alleged sexual assault survivors in
accordance with a plan approved under Section 2 must develop a
protocol that ensures that each survivor of sexual assault will
receive medically and factually accurate and written and oral
information about emergency contraception; the indications and
counter-indications and risks associated with the use of
emergency contraception; and a description of how and when
victims may be provided emergency contraception upon the
written order of a physician licensed to practice medicine in
all its branches, an advanced practice nurse who has a written
collaborative agreement with a collaborating physician that
authorizes prescription of emergency contraception, or a
physician assistant who has been delegated authority to
prescribe emergency contraception. The Department shall
approve the protocol if it finds that the implementation of the
protocol would provide sufficient protection for survivors of
an alleged sexual assault.
    The hospital shall implement the protocol upon approval by
the Department. The Department shall adopt rules and
regulations establishing one or more safe harbor protocols and
setting minimum acceptable protocol standards that hospitals
may develop and implement. The Department shall approve any
protocol that meets those standards. The Department may provide
a sample acceptable protocol upon request.
(Source: P.A. 92-156, eff. 1-1-02.)
 
    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
    Sec. 5. Minimum requirements for hospitals providing
emergency service to sexual assault survivors.
    (a) Every hospital providing emergency hospital services
to an alleged sexual assault survivor under this Act shall, as
minimum requirements for such services, provide, with the
consent of the alleged sexual assault survivor, and as ordered
by the attending physician, an advanced practice nurse who has
a written collaborative agreement with a collaborating
physician that authorizes provision of emergency services, or a
physician assistant who has been delegated authority to provide
emergency services, the following:
        (1) appropriate medical examinations and laboratory
    tests required to ensure the health, safety, and welfare of
    an alleged sexual assault survivor or which may be used as
    evidence in a criminal proceeding against a person accused
    of the sexual assault, or both; and records of the results
    of such examinations and tests shall be maintained by the
    hospital and made available to law enforcement officials
    upon the request of the alleged sexual assault survivor;
        (2) appropriate oral and written information
    concerning the possibility of infection, sexually
    transmitted disease and pregnancy resulting from sexual
    assault;
        (3) appropriate oral and written information
    concerning accepted medical procedures, medication, and
    possible contraindications of such medication available
    for the prevention or treatment of infection or disease
    resulting from sexual assault;
        (4) such medication as deemed appropriate by the
    attending physician, an advanced practice nurse, or a
    physician assistant;
        (5) a blood test to determine the presence or absence
    of sexually transmitted disease;
        (6) written and oral instructions indicating the need
    for a second blood test 6 weeks after the sexual assault to
    determine the presence or absence of sexually transmitted
    disease; and
        (7) appropriate counseling as determined by the
    hospital, by trained personnel designated by the hospital.
    (b) Any minor who is an alleged survivor of sexual assault
who seeks emergency services under this Act shall be provided
such services without the consent of the parent, guardian or
custodian of the minor.
(Source: P.A. 91-888, eff. 7-6-00.)
 
    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)
    Sec. 6.4. Sexual assault evidence collection program.
    (a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons
accused of sexual assault. This program shall be administered
by the Illinois State Police. The program shall consist of the
following: (1) distribution of sexual assault evidence
collection kits which have been approved by the Illinois State
Police to hospitals that request them, or arranging for such
distribution by the manufacturer of the kits, (2) collection of
the kits from hospitals after the kits have been used to
collect evidence, (3) analysis of the collected evidence and
conducting of laboratory tests, and (4) maintaining the chain
of custody and safekeeping of the evidence for use in a legal
proceeding. The standardized evidence collection kit for the
State of Illinois shall be the State Police Evidence Collection
Kit, also known as "S.P.E.C.K.". A sexual assault evidence
collection kit may not be released by a hospital without the
written consent of the sexual assault survivor. In the case of
a survivor who is a minor 13 years of age or older, evidence
and information concerning the alleged sexual assault may be
released at the written request of the minor. If the survivor
is a minor who is under 13 years of age, evidence and
information concerning the alleged sexual assault may be
released at the written request of the parent, guardian,
investigating law enforcement officer, or Department of
Children and Family Services. Any health care professional,
including any physician, advanced practice nurse, physician
assistant, or nurse, sexual assault nurse examiner, and any
health care institution, including any hospital, who provides
evidence or information to a law enforcement officer pursuant
to a written request as specified in this Section is immune
from any civil or professional liability that might arise from
those actions, with the exception of willful or wanton
misconduct. The immunity provision applies only if all of the
requirements of this Section are met.
    (b) The Illinois State Police shall administer a program to
train hospitals and hospital personnel participating in the
sexual assault evidence collection program, in the correct use
and application of the sexual assault evidence collection kits.
A sexual assault nurse examiner may conduct examinations using
the sexual assault evidence collection kits, without the
presence or participation of a physician. The Department of
Public Health shall cooperate with the Illinois State Police in
this program as it pertains to medical aspects of the evidence
collection.
    (c) In this Section, "sexual assault nurse examiner" means
a registered nurse who has completed a sexual assault nurse
examiner (SANE) training program that meets the Forensic Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses.
(Source: P.A. 91-888, eff. 7-6-00; 92-514, eff. 1-1-02.)
 
    Section 20. The Prenatal and Newborn Care Act is amended by
changing Sections 2 and 6 as follows:
 
    (410 ILCS 225/2)  (from Ch. 111 1/2, par. 7022)
    Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
    "Advanced practice nurse" or "APN" means an advanced
practice nurse licensed under the Nursing and Advanced Practice
Nursing Act who has a written collaborative agreement with a
collaborating physician that authorizes the provision of
prenatal and newborn care.
     (a) "Department" means the Illinois Department of Human
Services.
     (b) "Early and Periodic Screening, Diagnosis and Treatment
(EPSDT)" means the provision of preventative health care under
42 C.F.R. 441.50 et seq., including medical and dental
services, needed to assess growth and development and detect
and treat health problems.
     (c) "Hospital" means a hospital as defined under the
Hospital Licensing Act.
     (d) "Local health authority" means the full-time official
health department or board of health, as recognized by the
Illinois Department of Public Health, having jurisdiction over
a particular area.
     (e) "Nurse" means a nurse licensed under the Nursing and
Advanced Practice Nursing Act.
     (f) "Physician" means a physician licensed to practice
medicine in all of its branches.
    "Physician assistant" means a physician assistant licensed
under the Physician Assistant Practice Act of 1987 who has been
delegated authority to provide prenatal and newborn care.
     (g) "Postnatal visit" means a visit occurring after birth,
with reference to the newborn.
     (h) "Prenatal visit" means a visit occurring before birth.
     (i) "Program" means the Prenatal and Newborn Care Program
established pursuant to this Act.
(Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)
 
    (410 ILCS 225/6)  (from Ch. 111 1/2, par. 7026)
    Sec. 6. Covered services.
    (a) Covered services under the program may include, but are
not necessarily limited to, the following:
        (1) Laboratory services related to a recipient's
    pregnancy, performed or ordered by a physician, advanced
    practice nurse, or physician assistant.
        (2) Screening and treatment for sexually transmitted
    disease.
        (3) Prenatal visits to a physician in the physician's
    office, an advanced practice nurse in the advanced practice
    nurse's office, a physician assistant in the physician
    assistant's office, or to a hospital outpatient prenatal
    clinic, local health department maternity clinic, or
    community health center.
        (4) Radiology services which are directly related to
    the pregnancy, are determined to be medically necessary and
    are ordered by a physician, an advanced practice nurse, or
    a physician assistant.
        (5) Pharmacy services related to the pregnancy.
        (6) Other medical consultations related to the
    pregnancy.
        (7) Physician, advanced practice nurse, physician
    assistant, or nurse services associated with delivery.
        (8) One postnatal office visit within 60 days after
    delivery.
        (9) Two EPSDT-equivalent screenings for the infant
    within 90 days after birth.
        (10) Social and support services.
        (11) Nutrition services.
        (12) Case management services.
    (b) The following services shall not be covered under the
program:
        (1) Services determined by the Department not to be
    medically necessary.
        (2) Services not directly related to the pregnancy,
    except for the 2 covered EPSDT-equivalent screenings.
        (3) Hospital inpatient services.
        (4) Anesthesiologist and radiologist services during a
    period of hospital inpatient care.
        (5) Physician, advanced practice nurse, and physician
    assistant hospital visits.
        (6) Services considered investigational or
    experimental.
(Source: P.A. 89-187, eff. 7-19-95.)
 
    Section 30. The Illinois Sexually Transmissible Disease
Control Act is amended by changing Sections 4 and 5.5 as
follows:
 
    (410 ILCS 325/4)  (from Ch. 111 1/2, par. 7404)
    Sec. 4. Reporting required.
    (a) A physician licensed under the provisions of the
Medical Practice Act of 1987, an advanced practice nurse
licensed under the provisions of the Nursing and Advanced
Practice Nursing Act who has a written collaborative agreement
with a collaborating physician that authorizes the provision of
services for a sexually transmissible disease, or a physician
assistant licensed under the provisions of the Physician
Assistant Practice Act of 1987 who has been delegated authority
to provide services for a sexually transmissible disease who
makes a diagnosis of or treats a person with a sexually
transmissible disease and each laboratory that performs a test
for a sexually transmissible disease which concludes with a
positive result shall report such facts as may be required by
the Department by rule, within such time period as the
Department may require by rule, but in no case to exceed 2
weeks.
    (b) The Department shall adopt rules specifying the
information required in reporting a sexually transmissible
disease, the method of reporting and specifying a minimum time
period for reporting. In adopting such rules, the Department
shall consider the need for information, protections for the
privacy and confidentiality of the patient, and the practical
abilities of persons and laboratories to report in a reasonable
fashion.
    (c) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of any
sexually transmissible disease under this Section is guilty of
a Class A misdemeanor.
    (d) Any person who violates the provisions of this Section
or the rules adopted hereunder may be fined by the Department
up to $500 for each violation. The Department shall report each
violation of this Section to the regulatory agency responsible
for licensing a health care professional or a laboratory to
which these provisions apply.
(Source: P.A. 90-14, eff. 7-1-97.)
 
    (410 ILCS 325/5.5)  (from Ch. 111 1/2, par. 7405.5)
    Sec. 5.5. Risk assessment.
    (a) Whenever the Department receives a report of HIV
infection or AIDS pursuant to this Act and the Department
determines that the subject of the report may present or may
have presented a possible risk of HIV transmission, the
Department shall, when medically appropriate, investigate the
subject of the report and that person's contacts as defined in
subsection (c), to assess the potential risks of transmission.
Any investigation and action shall be conducted in a timely
fashion. All contacts other than those defined in subsection
(c) shall be investigated in accordance with Section 5 of this
Act.
    (b) If the Department determines that there is or may have
been potential risks of HIV transmission from the subject of
the report to other persons, the Department shall afford the
subject the opportunity to submit any information and comment
on proposed actions the Department intends to take with respect
to the subject's contacts who are at potential risk of
transmission of HIV prior to notification of the subject's
contacts. The Department shall also afford the subject of the
report the opportunity to notify the subject's contacts in a
timely fashion who are at potential risk of transmission of HIV
prior to the Department taking any steps to notify such
contacts. If the subject declines to notify such contacts or if
the Department determines the notices to be inadequate or
incomplete, the Department shall endeavor to notify such other
persons of the potential risk, and offer testing and counseling
services to these individuals. When the contacts are notified,
they shall be informed of the disclosure provisions of the AIDS
Confidentiality Act and the penalties therein and this Section.
    (c) Contacts investigated under this Section shall in the
case of HIV infection include (i) individuals who have
undergone invasive procedures performed by an HIV infected
health care provider and (ii) health care providers who have
performed invasive procedures for persons infected with HIV,
provided the Department has determined that there is or may
have been potential risk of HIV transmission from the health
care provider to those individuals or from infected persons to
health care providers. The Department shall have access to the
subject's records to review for the identity of contacts. The
subject's records shall not be copied or seized by the
Department.
    For purposes of this subsection, the term "invasive
procedures" means those procedures termed invasive by the
Centers for Disease Control in current guidelines or
recommendations for the prevention of HIV transmission in
health care settings, and the term "health care provider" means
any physician, dentist, podiatrist, advanced practice nurse,
physician assistant, nurse, or other person providing health
care services of any kind.
    (d) All information and records held by the Department and
local health authorities pertaining to activities conducted
pursuant to this Section shall be strictly confidential and
exempt from copying and inspection under the Freedom of
Information Act. Such information and records shall not be
released or made public by the Department or local health
authorities, and shall not be admissible as evidence, nor
discoverable in any action of any kind in any court or before
any tribunal, board, agency or person and shall be treated in
the same manner as the information and those records subject to
the provisions of Part 21 of the Code of Civil Procedure except
under the following circumstances:
        (1) When made with the written consent of all persons
    to whom this information pertains;
        (2) When authorized under Section 8 to be released
    under court order or subpoena pursuant to Section 12-16.2
    of the Criminal Code of 1961; or
        (3) When made by the Department for the purpose of
    seeking a warrant authorized by Sections 6 and 7 of this
    Act. Such disclosure shall conform to the requirements of
    subsection (a) of Section 8 of this Act.
    (e) Any person who knowingly or maliciously disseminates
any information or report concerning the existence of any
disease under this Section is guilty of a Class A misdemeanor.
(Source: P.A. 87-763.)
 
    Section 35. The Consent by Minors to Medical Procedures Act
is amended by changing Sections 1, 2, 3, and 5 as follows:
 
    (410 ILCS 210/1)  (from Ch. 111, par. 4501)
    Sec. 1. Consent by minor. The consent to the performance of
a medical or surgical procedure by a physician licensed to
practice medicine and surgery, an advanced practice nurse who
has a written collaborative agreement with a collaborating
physician that authorizes provision of services for minors, or
a physician assistant who has been delegated authority to
provide services for minors executed by a married person who is
a minor, by a parent who is a minor, by a pregnant woman who is
a minor, or by any person 18 years of age or older, is not
voidable because of such minority, and, for such purpose, a
married person who is a minor, a parent who is a minor, a
pregnant woman who is a minor, or any person 18 years of age or
older, is deemed to have the same legal capacity to act and has
the same powers and obligations as has a person of legal age.
(Source: P.A. 89-187, eff. 7-19-95.)
 
    (410 ILCS 210/2)  (from Ch. 111, par. 4502)
    Sec. 2. Any parent, including a parent who is a minor, may
consent to the performance upon his or her child of a medical
or surgical procedure by a physician licensed to practice
medicine and surgery, an advanced practice nurse who has a
written collaborative agreement with a collaborating physician
that authorizes provision of services for minors, or a
physician assistant who has been delegated authority to provide
services for minors or a dental procedure by a licensed
dentist. The consent of a parent who is a minor shall not be
voidable because of such minority, but, for such purpose, a
parent who is a minor shall be deemed to have the same legal
capacity to act and shall have the same powers and obligations
as has a person of legal age.
(Source: P.A. 77-1661.)
 
    (410 ILCS 210/3)  (from Ch. 111, par. 4503)
    Sec. 3. (a) Where a hospital, or a physician, licensed to
practice medicine or surgery, an advanced practice nurse who
has a written collaborative agreement with a collaborating
physician that authorizes provision of services for minors, or
a physician assistant who has been delegated authority to
provide services for minors renders emergency treatment or
first aid or a licensed dentist renders emergency dental
treatment to a minor, consent of the minor's parent or legal
guardian need not be obtained if, in the sole opinion of the
physician, advanced practice nurse, physician assistant,
dentist, or hospital, the obtaining of consent is not
reasonably feasible under the circumstances without adversely
affecting the condition of such minor's health.
    (b) Where a minor is the victim of a predatory criminal
sexual assault of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated criminal sexual abuse or
criminal sexual abuse, as provided in Sections 12-13 through
12-16 of the Criminal Code of 1961, as now or hereafter
amended, the consent of the minor's parent or legal guardian
need not be obtained to authorize a hospital, physician,
advanced practice nurse, physician assistant, or other medical
personnel to furnish medical care or counseling related to the
diagnosis or treatment of any disease or injury arising from
such offense. The minor may consent to such counseling,
diagnosis or treatment as if the minor had reached his or her
age of majority. Such consent shall not be voidable, nor
subject to later disaffirmance, because of minority.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
    (410 ILCS 210/5)  (from Ch. 111, par. 4505)
    Sec. 5. Counseling; informing parent or guardian. Any
physician, advanced practice nurse, or physician assistant,
who provides diagnosis or treatment or any licensed clinical
psychologist or professionally trained social worker with a
master's degree or any qualified person employed (i) by an
organization licensed or funded by the Department of Human
Services, (ii) by units of local government, or (iii) by
agencies or organizations operating drug abuse programs funded
or licensed by the Federal Government or the State of Illinois
or any qualified person employed by or associated with any
public or private alcoholism or drug abuse program licensed by
the State of Illinois who provides counseling to a minor
patient who has come into contact with any sexually transmitted
disease referred to in Section 4 of this Act may, but shall not
be obligated to, inform the parent, parents, or guardian of the
minor as to the treatment given or needed. Any person described
in this Section who provides counseling to a minor who abuses
drugs or alcohol or has a family member who abuses drugs or
alcohol shall not inform the parent, parents, guardian, or
other responsible adult of the minor's condition or treatment
without the minor's consent unless that action is, in the
person's judgment, necessary to protect the safety of the
minor, a family member, or another individual.
    Any such person shall, upon the minor's consent, make
reasonable efforts to involve the family of the minor in his or
her treatment, if the person furnishing the treatment believes
that the involvement of the family will not be detrimental to
the progress and care of the minor. Reasonable effort shall be
extended to assist the minor in accepting the involvement of
his or her family in the care and treatment being given.
(Source: P.A. 89-187, eff. 7-19-95; 89-507, eff. 7-1-97.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2004