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1 | | The Pharmacy Practice Act. |
2 | | The Home Medical Equipment and Services Provider License |
3 | | Act. |
4 | | The Marriage and Family Therapy Licensing Act. |
5 | | The Nursing Home Administrators Licensing and Disciplinary |
6 | | Act. |
7 | | The Physician Assistant Practice Act of 1987. |
8 | | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; |
9 | | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. |
10 | | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, |
11 | | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; |
12 | | 96-328, eff. 8-11-09.) |
13 | | (5 ILCS 80/4.38 new) |
14 | | Sec. 4.38. Act repealed on January 1, 2028. The following |
15 | | Act is repealed on January 1, 2028: |
16 | | The Nurse Practice Act. |
17 | | Section 10. The State Employees Group Insurance Act of 1971 |
18 | | is amended by changing Section 6.11A as follows: |
19 | | (5 ILCS 375/6.11A) |
20 | | Sec. 6.11A. Physical therapy and occupational therapy. |
21 | | (a) The program of health benefits provided under this Act |
22 | | shall provide coverage for medically necessary physical |
23 | | therapy and occupational therapy when that therapy is ordered |
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1 | | for the treatment of autoimmune diseases or referred for the |
2 | | same purpose by (i) a physician licensed under the Medical |
3 | | Practice Act of 1987, (ii) a physician assistant licensed under |
4 | | the Physician Assistant Practice Act of 1987, or (iii) an |
5 | | advanced practice registered nurse licensed under the Nurse |
6 | | Practice Act. |
7 | | (b) For the purpose of this Section, "medically necessary" |
8 | | means any care, treatment, intervention, service, or item that |
9 | | will or is reasonably expected to: |
10 | | (i) prevent the onset of an illness, condition, injury, |
11 | | disease, or disability; |
12 | | (ii) reduce or ameliorate the physical, mental, or |
13 | | developmental effects of an illness, condition, injury, |
14 | | disease, or disability; or |
15 | | (iii) assist the achievement or maintenance of maximum |
16 | | functional activity in performing daily activities. |
17 | | (c) The coverage required under this Section shall be |
18 | | subject to the same deductible, coinsurance, waiting period, |
19 | | cost sharing limitation, treatment limitation, calendar year |
20 | | maximum, or other limitations as provided for other physical or |
21 | | rehabilitative or occupational therapy benefits covered by the |
22 | | policy. |
23 | | (d) Upon request of the reimbursing insurer, the provider |
24 | | of the physical therapy or occupational therapy shall furnish |
25 | | medical records, clinical notes, or other necessary data that |
26 | | substantiate that initial or continued treatment is medically |
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1 | | necessary. When treatment is anticipated to require continued |
2 | | services to achieve demonstrable progress, the insurer may |
3 | | request a treatment plan consisting of the diagnosis, proposed |
4 | | treatment by type, proposed frequency of treatment, |
5 | | anticipated duration of treatment, anticipated outcomes stated |
6 | | as goals, and proposed frequency of updating the treatment |
7 | | plan. |
8 | | (e) When making a determination of medical necessity for |
9 | | treatment, an insurer must make the determination in a manner |
10 | | consistent with the manner in which that determination is made |
11 | | with respect to other diseases or illnesses covered under the |
12 | | policy, including an appeals process. During the appeals |
13 | | process, any challenge to medical necessity may be viewed as |
14 | | reasonable only if the review includes a licensed health care |
15 | | professional with the same category of license as the |
16 | | professional who ordered or referred the service in question |
17 | | and with expertise in the most current and effective treatment.
|
18 | | (Source: P.A. 99-581, eff. 1-1-17 .) |
19 | | Section 15. The Election Code is amended by changing |
20 | | Sections 19-12.1 and 19-13 as follows:
|
21 | | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
|
22 | | Sec. 19-12.1.
Any qualified elector who has secured an |
23 | | Illinois
Person with a Disability Identification Card in |
24 | | accordance with the Illinois
Identification Card Act, |
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1 | | indicating that the person named thereon has a Class
1A or |
2 | | Class 2 disability or any qualified voter who has a permanent |
3 | | physical
incapacity of such a nature as to make it improbable |
4 | | that he will be
able to be present at the polls at any future |
5 | | election, or any
voter who is a resident of (i) a federally |
6 | | operated veterans' home, hospital, or facility located in |
7 | | Illinois or (ii) a facility licensed or certified pursuant to
|
8 | | the Nursing Home Care Act, the Specialized Mental Health |
9 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
10 | | the MC/DD Act and has a condition or disability of
such a |
11 | | nature as to make it improbable that he will be able to be |
12 | | present
at the polls at any future election, may secure a |
13 | | voter's identification card for persons with disabilities or a
|
14 | | nursing home resident's identification card, which will enable |
15 | | him to vote
under this Article as a physically incapacitated or |
16 | | nursing home voter. For the purposes of this Section, |
17 | | "federally operated veterans' home, hospital, or facility" |
18 | | means the long-term care facilities at the Jesse Brown VA |
19 | | Medical Center, Illiana Health Care System, Edward Hines, Jr. |
20 | | VA Hospital, Marion VA Medical Center, and Captain James A. |
21 | | Lovell Federal Health Care Center.
|
22 | | Application for a voter's identification card for persons |
23 | | with disabilities or a nursing home resident's
identification |
24 | | card shall be made either: (a) in writing, with voter's
sworn |
25 | | affidavit, to the county clerk or board of election |
26 | | commissioners, as
the case may be, and shall be accompanied
by |
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1 | | the affidavit of the attending physician, advanced practice |
2 | | registered nurse, or a physician assistant specifically |
3 | | describing the
nature of the physical incapacity or the fact |
4 | | that the voter is a nursing
home resident and is physically |
5 | | unable to be present at the polls on election
days; or (b) by |
6 | | presenting, in writing or otherwise, to the county clerk
or |
7 | | board of election commissioners, as the case may be, proof that |
8 | | the
applicant has secured an Illinois Person with a Disability |
9 | | Identification Card
indicating that the person named thereon |
10 | | has a Class 1A or Class 2 disability.
Upon the receipt of |
11 | | either the sworn-to
application and the physician's, advanced |
12 | | practice registered nurse's, or a physician assistant's |
13 | | affidavit or proof that the applicant has
secured an Illinois |
14 | | Person with a Disability Identification Card indicating that |
15 | | the
person named thereon has a Class 1A or Class 2 disability, |
16 | | the county clerk
or board of election commissioners shall issue |
17 | | a voter's identification card for persons with disabilities or |
18 | | a
nursing home resident's identification
card. Such |
19 | | identification cards shall be issued for a
period of 5 years, |
20 | | upon the expiration of which time the voter may
secure a new |
21 | | card by making application in the same manner as is
prescribed |
22 | | for the issuance of an original card, accompanied by a new
|
23 | | affidavit of the attending physician, advanced practice |
24 | | registered nurse, or a physician assistant. The date of |
25 | | expiration of such
five-year period shall be made known to any |
26 | | interested person by the
election authority upon the request of |
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1 | | such person. Applications for the
renewal of the identification |
2 | | cards shall be mailed to the voters holding
such cards not less |
3 | | than 3 months prior to the date of expiration of the cards.
|
4 | | Each voter's identification card for persons with |
5 | | disabilities or nursing home resident's identification card
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6 | | shall bear an identification number, which shall be clearly |
7 | | noted on the voter's
original and duplicate registration record |
8 | | cards. In the event the
holder becomes physically capable of |
9 | | resuming normal voting, he must
surrender his voter's |
10 | | identification card for persons with disabilities or nursing |
11 | | home resident's identification
card to the county clerk or |
12 | | board of election commissioners before the next election.
|
13 | | The holder of a voter's identification card for persons |
14 | | with disabilities or a nursing home resident's
identification |
15 | | card may make application by mail for an official ballot
within |
16 | | the time prescribed by Section 19-2. Such application shall |
17 | | contain
the same information as is
included in the form of |
18 | | application for ballot by a physically
incapacitated elector |
19 | | prescribed in Section 19-3 except that it shall
also include |
20 | | the applicant's voter's identification card for persons with |
21 | | disabilities card number
and except that it need not be sworn |
22 | | to. If an examination of the records
discloses that the |
23 | | applicant is lawfully entitled to vote, he shall be
mailed a |
24 | | ballot as provided in Section 19-4. The ballot envelope shall
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25 | | be the same as that prescribed in Section 19-5 for voters with |
26 | | physical disabilities, and the manner of voting and returning |
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1 | | the ballot shall be the
same as that provided in this Article |
2 | | for other vote by mail ballots, except
that a statement to be |
3 | | subscribed to by the voter but which need not be
sworn to shall |
4 | | be placed on the ballot envelope in lieu of the affidavit
|
5 | | prescribed by Section 19-5.
|
6 | | Any person who knowingly subscribes to a false statement in
|
7 | | connection with voting under this Section shall be guilty of a |
8 | | Class A
misdemeanor.
|
9 | | For the purposes of this Section, "nursing home resident" |
10 | | includes a resident of (i) a federally operated veterans' home, |
11 | | hospital, or facility located in Illinois or (ii) a facility |
12 | | licensed under the ID/DD Community Care Act, the MC/DD Act, or |
13 | | the Specialized Mental Health Rehabilitation Act of 2013. For |
14 | | the purposes of this Section, "federally operated veterans' |
15 | | home, hospital, or facility" means the long-term care |
16 | | facilities at the Jesse Brown VA Medical Center, Illiana Health |
17 | | Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical |
18 | | Center, and Captain James A. Lovell Federal Health Care Center. |
19 | | (Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; |
20 | | 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff. |
21 | | 1-1-17; 99-642, eff. 6-28-16 .)
|
22 | | (10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
|
23 | | Sec. 19-13. Any qualified voter who has been admitted to a |
24 | | hospital, nursing home, or rehabilitation center
due to an |
25 | | illness or physical injury not more than 14 days before an |
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1 | | election
shall be entitled to personal delivery of a vote by |
2 | | mail ballot in the hospital, nursing home, or rehabilitation |
3 | | center
subject to the following conditions:
|
4 | | (1) The voter completes the Application for Physically |
5 | | Incapacitated
Elector as provided in Section 19-3, stating as |
6 | | reasons therein that he is
a patient in ............... (name |
7 | | of hospital/home/center), ............... located
at, |
8 | | ............... (address of hospital/home/center), |
9 | | ............... (county,
city/village), was admitted for |
10 | | ............... (nature of illness or
physical injury), on |
11 | | ............... (date of admission), and does not
expect to be |
12 | | released from the hospital/home/center on or before the day of |
13 | | election or, if released, is expected to be homebound on the |
14 | | day of the election and unable to travel to the polling place.
|
15 | | (2) The voter's physician, advanced practice registered |
16 | | nurse, or physician assistant completes a Certificate of |
17 | | Attending Health Care Professional
in a form substantially as |
18 | | follows:
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19 | | CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL
|
20 | | I state that I am a physician, advanced practice registered |
21 | | nurse, or physician assistant, duly licensed to practice in the |
22 | | State of
.........; that .......... is a patient in .......... |
23 | | (name of hospital/home/center),
located at ............. |
24 | | (address of hospital/home/center), ................. (county,
|
25 | | city/village); that such individual was admitted for |
26 | | ............. (nature
of illness or physical injury), on |
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1 | | ............ (date of admission); and
that I have examined such |
2 | | individual in the State in which I am licensed
to practice and |
3 | | do not expect such individual to be released from
the |
4 | | hospital/home/center on or before the day of election or, if |
5 | | released, to be able to travel to the polling place on election |
6 | | day.
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7 | | Under penalties as provided by law pursuant to Section |
8 | | 29-10 of The Election
Code, the undersigned certifies that the |
9 | | statements set forth in this
certification are true and |
10 | | correct.
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11 | | (Signature) ...............
|
12 | | (Date licensed) ............
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13 | | (3) Any person who is registered to vote in the same |
14 | | precinct as the admitted voter or any legal relative of the |
15 | | admitted voter may
present such voter's vote by mail ballot |
16 | | application, completed as prescribed
in paragraph 1, |
17 | | accompanied by the physician's, advanced practice registered |
18 | | nurse's, or a physician assistant's certificate, completed as
|
19 | | prescribed in paragraph 2, to the election authority.
Such |
20 | | precinct voter or relative shall execute and sign an affidavit |
21 | | furnished
by the election authority attesting that he is a |
22 | | registered voter in the
same precinct as the admitted voter or |
23 | | that he is a legal relative of
the admitted voter and stating |
24 | | the nature of the
relationship. Such precinct voter or relative |
25 | | shall further attest that
he has been authorized by the |
26 | | admitted voter to obtain his or her vote by mail ballot
from |
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1 | | the election authority and deliver such ballot to him in the |
2 | | hospital, home, or center.
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3 | | Upon receipt of the admitted voter's application, |
4 | | physician's, advanced practice registered nurse's, or a |
5 | | physician assistant's
certificate, and the affidavit of the |
6 | | precinct voter or the relative, the
election authority shall |
7 | | examine the registration records to determine if
the applicant |
8 | | is qualified to vote and, if found to be qualified, shall
|
9 | | provide the precinct voter or the relative the vote by mail |
10 | | ballot for delivery
to the applicant.
|
11 | | Upon receipt of the vote by mail ballot, the admitted voter |
12 | | shall mark the
ballot in secret and subscribe to the |
13 | | certifications on the vote by mail ballot
return envelope. |
14 | | After depositing the ballot in the return envelope and
securely |
15 | | sealing the envelope, such voter shall give the envelope to the
|
16 | | precinct voter or the relative who shall deliver it to the |
17 | | election authority
in sufficient time for the ballot to be |
18 | | delivered by the election authority
to the election authority's |
19 | | central ballot counting location
before 7 p.m. on election day.
|
20 | | Upon receipt of the admitted voter's vote by mail ballot,
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21 | | the ballot shall be counted in the manner prescribed in this |
22 | | Article.
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23 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-581, eff. 1-1-17 .)
|
24 | | Section 20. The Illinois Identification Card Act is amended |
25 | | by changing Section 4 as follows:
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1 | | (15 ILCS 335/4) (from Ch. 124, par. 24)
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2 | | (Text of Section before amendment by P.A. 99-907 )
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3 | | Sec. 4. Identification card.
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4 | | (a) The Secretary of State shall issue a
standard Illinois |
5 | | Identification Card to any natural person who is a resident
of |
6 | | the State of Illinois who applies for such card, or renewal |
7 | | thereof,
or who applies for a standard Illinois Identification |
8 | | Card upon release as a
committed person on parole, mandatory |
9 | | supervised release, aftercare release, final discharge, or
|
10 | | pardon from the Department of Corrections or Department of |
11 | | Juvenile Justice by submitting an identification card
issued by |
12 | | the Department of Corrections or Department of Juvenile Justice |
13 | | under Section 3-14-1 or Section 3-2.5-70 of the Unified
Code of |
14 | | Corrections,
together with the prescribed fees. No |
15 | | identification card shall be issued to any person who holds a |
16 | | valid
foreign state
identification card, license, or permit |
17 | | unless the person first surrenders to
the Secretary of
State |
18 | | the valid foreign state identification card, license, or |
19 | | permit. The card shall be prepared and
supplied by the |
20 | | Secretary of State and shall include a photograph and signature |
21 | | or mark of the
applicant. However, the Secretary of State may |
22 | | provide by rule for the issuance of Illinois Identification |
23 | | Cards without photographs if the applicant has a bona fide |
24 | | religious objection to being photographed or to the display of |
25 | | his or her photograph. The Illinois Identification Card may be |
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1 | | used for
identification purposes in any lawful situation only |
2 | | by the person to
whom it was issued.
As used in this Act, |
3 | | "photograph" means any color photograph or digitally
produced |
4 | | and captured image of an applicant for an identification card. |
5 | | As
used in this Act, "signature" means the name of a person as |
6 | | written by that
person and captured in a manner acceptable to |
7 | | the Secretary of State. |
8 | | (a-5) If an applicant for an identification card has a |
9 | | current driver's license or instruction permit issued by the |
10 | | Secretary of State, the Secretary may require the applicant to |
11 | | utilize the same residence address and name on the |
12 | | identification card, driver's license, and instruction permit |
13 | | records maintained by the Secretary. The Secretary may |
14 | | promulgate rules to implement this provision.
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15 | | (a-10) If the applicant is a judicial officer as defined in |
16 | | Section 1-10 of the Judicial Privacy Act or a peace officer, |
17 | | the applicant may elect to have his or her office or work |
18 | | address listed on the card instead of the applicant's residence |
19 | | or mailing address. The Secretary may promulgate rules to |
20 | | implement this provision. For the purposes of this subsection |
21 | | (a-10), "peace officer" means any person who by virtue of his |
22 | | or her office or public employment is vested by law with a duty |
23 | | to maintain public order or to make arrests for a violation of |
24 | | any penal statute of this State, whether that duty extends to |
25 | | all violations or is limited to specific violations. |
26 | | (a-15) The Secretary of State may provide for an expedited |
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1 | | process for the issuance of an Illinois Identification Card. |
2 | | The Secretary shall charge an additional fee for the expedited |
3 | | issuance of an Illinois Identification Card, to be set by rule, |
4 | | not to exceed $75. All fees collected by the Secretary for |
5 | | expedited Illinois Identification Card service shall be |
6 | | deposited into the Secretary of State Special Services Fund. |
7 | | The Secretary may adopt rules regarding the eligibility, |
8 | | process, and fee for an expedited Illinois Identification Card. |
9 | | If the Secretary of State determines that the volume of |
10 | | expedited identification card requests received on a given day |
11 | | exceeds the ability of the Secretary to process those requests |
12 | | in an expedited manner, the Secretary may decline to provide |
13 | | expedited services, and the additional fee for the expedited |
14 | | service shall be refunded to the applicant. |
15 | | (b) The Secretary of State shall issue a special Illinois
|
16 | | Identification Card, which shall be known as an Illinois Person |
17 | | with a Disability
Identification Card, to any natural person |
18 | | who is a resident of the State
of Illinois, who is a person |
19 | | with a disability as defined in Section 4A of this Act,
who |
20 | | applies for such card, or renewal thereof. No Illinois Person |
21 | | with a Disability Identification Card shall be issued to any |
22 | | person who
holds a valid
foreign state identification card, |
23 | | license, or permit unless the person first
surrenders to the
|
24 | | Secretary of State the valid foreign state identification card, |
25 | | license, or
permit. The Secretary of State
shall charge no fee |
26 | | to issue such card. The card shall be prepared and
supplied by |
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1 | | the Secretary of State, and shall include a photograph and |
2 | | signature or mark of the
applicant, a designation indicating |
3 | | that the card is an Illinois
Person with a Disability |
4 | | Identification Card, and shall include a comprehensible |
5 | | designation
of the type and classification of the applicant's |
6 | | disability as set out in
Section 4A of this Act. However, the |
7 | | Secretary of State may provide by rule for the issuance of |
8 | | Illinois Person with a Disability Identification Cards without |
9 | | photographs if the applicant has a bona fide religious |
10 | | objection to being photographed or to the display of his or her |
11 | | photograph. If the applicant so requests, the card shall
|
12 | | include a description of the applicant's disability and any |
13 | | information
about the applicant's disability or medical |
14 | | history which the Secretary
determines would be helpful to the |
15 | | applicant in securing emergency medical
care. If a mark is used |
16 | | in lieu of a signature, such mark
shall be affixed to the card |
17 | | in the presence of two witnesses who attest to
the authenticity |
18 | | of the mark. The Illinois
Person with a Disability |
19 | | Identification Card may be used for identification purposes
in |
20 | | any lawful situation by the person to whom it was issued.
|
21 | | The Illinois Person with a Disability Identification Card |
22 | | may be used as adequate
documentation of disability in lieu of |
23 | | a physician's determination of
disability, a determination of |
24 | | disability from a physician assistant, a determination of |
25 | | disability from an advanced practice registered
nurse, or any
|
26 | | other documentation
of disability whenever
any
State law
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1 | | requires that a person with a disability provide such |
2 | | documentation of disability,
however an Illinois Person with a |
3 | | Disability Identification Card shall not qualify
the |
4 | | cardholder to participate in any program or to receive any |
5 | | benefit
which is not available to all persons with like |
6 | | disabilities.
Notwithstanding any other provisions of law, an |
7 | | Illinois Person with a Disability
Identification Card, or |
8 | | evidence that the Secretary of State has issued an
Illinois |
9 | | Person with a Disability Identification Card, shall not be used |
10 | | by any
person other than the person named on such card to prove |
11 | | that the person
named on such card is a person with a |
12 | | disability or for any other purpose unless the
card is used for |
13 | | the benefit of the person named on such card, and the
person |
14 | | named on such card consents to such use at the time the card is |
15 | | so used.
|
16 | | An optometrist's determination of a visual disability |
17 | | under Section 4A of this Act is acceptable as documentation for |
18 | | the purpose of issuing an Illinois Person with a Disability |
19 | | Identification Card. |
20 | | When medical information is contained on an Illinois Person |
21 | | with a Disability
Identification Card, the Office of the |
22 | | Secretary of State shall not be
liable for any actions taken |
23 | | based upon that medical information.
|
24 | | (c) The Secretary of State shall provide
that each original |
25 | | or renewal Illinois Identification Card or Illinois
Person with |
26 | | a Disability Identification Card issued to a person under the |
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1 | | age of 21
shall be of a distinct nature from those Illinois |
2 | | Identification Cards or
Illinois Person with a Disability |
3 | | Identification Cards issued to individuals 21
years of age or |
4 | | older. The color designated for Illinois Identification
Cards |
5 | | or Illinois Person with a Disability Identification Cards for |
6 | | persons under
the age of 21 shall be at the discretion of the |
7 | | Secretary of State.
|
8 | | (c-1) Each original or renewal Illinois
Identification |
9 | | Card or Illinois Person with a Disability Identification Card |
10 | | issued to
a person under the age of 21 shall display the date |
11 | | upon which the person
becomes 18 years of age and the date upon |
12 | | which the person becomes 21 years of
age.
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13 | | (c-3) The General Assembly recognizes the need to identify |
14 | | military veterans living in this State for the purpose of |
15 | | ensuring that they receive all of the services and benefits to |
16 | | which they are legally entitled, including healthcare, |
17 | | education assistance, and job placement. To assist the State in |
18 | | identifying these veterans and delivering these vital services |
19 | | and benefits, the Secretary of State is authorized to issue |
20 | | Illinois Identification Cards and Illinois Person with a |
21 | | Disability Identification Cards with the word "veteran" |
22 | | appearing on the face of the cards. This authorization is |
23 | | predicated on the unique status of veterans. The Secretary may |
24 | | not issue any other identification card which identifies an |
25 | | occupation, status, affiliation, hobby, or other unique |
26 | | characteristics of the identification card holder which is |
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1 | | unrelated to the purpose of the identification card.
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2 | | (c-5) Beginning on or before July 1, 2015, the Secretary of |
3 | | State shall designate a space on each original or renewal |
4 | | identification card where, at the request of the applicant, the |
5 | | word "veteran" shall be placed. The veteran designation shall |
6 | | be available to a person identified as a veteran under |
7 | | subsection (b) of Section 5 of this Act who was discharged or |
8 | | separated under honorable conditions. |
9 | | (d) The Secretary of State may issue a Senior Citizen
|
10 | | discount card, to any natural person who is a resident of the |
11 | | State of
Illinois who is 60 years of age or older and who |
12 | | applies for such a card or
renewal thereof. The Secretary of |
13 | | State shall charge no fee to issue such
card. The card shall be |
14 | | issued in every county and applications shall be
made available |
15 | | at, but not limited to, nutrition sites, senior citizen
centers |
16 | | and Area Agencies on Aging. The applicant, upon receipt of such
|
17 | | card and prior to its use for any purpose, shall have affixed |
18 | | thereon in
the space provided therefor his signature or mark.
|
19 | | (e) The Secretary of State, in his or her discretion, may |
20 | | designate on each Illinois
Identification Card or Illinois |
21 | | Person with a Disability Identification Card a space where the |
22 | | card holder may place a sticker or decal, issued by the |
23 | | Secretary of State, of uniform size as the Secretary may |
24 | | specify, that shall indicate in appropriate language that the |
25 | | card holder has renewed his or her Illinois
Identification Card |
26 | | or Illinois Person with a Disability Identification Card. |
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1 | | (Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; |
2 | | 98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff. |
3 | | 7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642, |
4 | | eff. 7-28-16.)
|
5 | | (Text of Section after amendment by P.A. 99-907 )
|
6 | | Sec. 4. Identification Card.
|
7 | | (a) The Secretary of State shall issue a
standard Illinois |
8 | | Identification Card to any natural person who is a resident
of |
9 | | the State of Illinois who applies for such card, or renewal |
10 | | thereof. No identification card shall be issued to any person |
11 | | who holds a valid
foreign state
identification card, license, |
12 | | or permit unless the person first surrenders to
the Secretary |
13 | | of
State the valid foreign state identification card, license, |
14 | | or permit. The card shall be prepared and
supplied by the |
15 | | Secretary of State and shall include a photograph and signature |
16 | | or mark of the
applicant. However, the Secretary of State may |
17 | | provide by rule for the issuance of Illinois Identification |
18 | | Cards without photographs if the applicant has a bona fide |
19 | | religious objection to being photographed or to the display of |
20 | | his or her photograph. The Illinois Identification Card may be |
21 | | used for
identification purposes in any lawful situation only |
22 | | by the person to
whom it was issued.
As used in this Act, |
23 | | "photograph" means any color photograph or digitally
produced |
24 | | and captured image of an applicant for an identification card. |
25 | | As
used in this Act, "signature" means the name of a person as |
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1 | | written by that
person and captured in a manner acceptable to |
2 | | the Secretary of State. |
3 | | (a-5) If an applicant for an identification card has a |
4 | | current driver's license or instruction permit issued by the |
5 | | Secretary of State, the Secretary may require the applicant to |
6 | | utilize the same residence address and name on the |
7 | | identification card, driver's license, and instruction permit |
8 | | records maintained by the Secretary. The Secretary may |
9 | | promulgate rules to implement this provision.
|
10 | | (a-10) If the applicant is a judicial officer as defined in |
11 | | Section 1-10 of the Judicial Privacy Act or a peace officer, |
12 | | the applicant may elect to have his or her office or work |
13 | | address listed on the card instead of the applicant's residence |
14 | | or mailing address. The Secretary may promulgate rules to |
15 | | implement this provision. For the purposes of this subsection |
16 | | (a-10), "peace officer" means any person who by virtue of his |
17 | | or her office or public employment is vested by law with a duty |
18 | | to maintain public order or to make arrests for a violation of |
19 | | any penal statute of this State, whether that duty extends to |
20 | | all violations or is limited to specific violations. |
21 | | (a-15) The Secretary of State may provide for an expedited |
22 | | process for the issuance of an Illinois Identification Card. |
23 | | The Secretary shall charge an additional fee for the expedited |
24 | | issuance of an Illinois Identification Card, to be set by rule, |
25 | | not to exceed $75. All fees collected by the Secretary for |
26 | | expedited Illinois Identification Card service shall be |
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1 | | deposited into the Secretary of State Special Services Fund. |
2 | | The Secretary may adopt rules regarding the eligibility, |
3 | | process, and fee for an expedited Illinois Identification Card. |
4 | | If the Secretary of State determines that the volume of |
5 | | expedited identification card requests received on a given day |
6 | | exceeds the ability of the Secretary to process those requests |
7 | | in an expedited manner, the Secretary may decline to provide |
8 | | expedited services, and the additional fee for the expedited |
9 | | service shall be refunded to the applicant. |
10 | | (a-20) The Secretary of State shall issue a standard |
11 | | Illinois Identification Card to a committed person upon release |
12 | | on parole, mandatory supervised release, aftercare release, |
13 | | final discharge, or pardon from the Department of Corrections |
14 | | or Department of Juvenile Justice, if the released person |
15 | | presents a certified copy of his or her birth certificate, |
16 | | social security card or other documents authorized by the |
17 | | Secretary, and 2 documents proving his or her Illinois |
18 | | residence address. Documents proving residence address may |
19 | | include any official document of the Department of Corrections |
20 | | or the Department of Juvenile Justice showing the released |
21 | | person's address after release and a Secretary of State |
22 | | prescribed certificate of residency form, which may be executed |
23 | | by Department of Corrections or Department of Juvenile Justice |
24 | | personnel. |
25 | | (a-25) The Secretary of State shall issue a limited-term |
26 | | Illinois Identification Card valid for 90 days to a committed |
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1 | | person upon release on parole, mandatory supervised release, |
2 | | aftercare release, final discharge, or pardon from the |
3 | | Department of Corrections or Department of Juvenile Justice, if |
4 | | the released person is unable to present a certified copy of |
5 | | his or her birth certificate and social security card or other |
6 | | documents authorized by the Secretary, but does present a |
7 | | Secretary of State prescribed verification form completed by |
8 | | the Department of Corrections or Department of Juvenile |
9 | | Justice, verifying the released person's date of birth and |
10 | | social security number and 2 documents proving his or her |
11 | | Illinois residence address. The verification form must have |
12 | | been completed no more than 30 days prior to the date of |
13 | | application for the Illinois Identification Card. Documents |
14 | | proving residence address shall include any official document |
15 | | of the Department of Corrections or the Department of Juvenile |
16 | | Justice showing the person's address after release and a |
17 | | Secretary of State prescribed certificate of residency, which |
18 | | may be executed by Department of Corrections or Department of |
19 | | Juvenile Justice personnel. |
20 | | Prior to the expiration of the 90-day period of the |
21 | | limited-term Illinois Identification Card, if the released |
22 | | person submits to the Secretary of State a certified copy of |
23 | | his or her birth certificate and his or her social security |
24 | | card or other documents authorized by the Secretary, a standard |
25 | | Illinois Identification Card shall be issued. A limited-term |
26 | | Illinois Identification Card may not be renewed. |
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1 | | (b) The Secretary of State shall issue a special Illinois
|
2 | | Identification Card, which shall be known as an Illinois Person |
3 | | with a Disability
Identification Card, to any natural person |
4 | | who is a resident of the State
of Illinois, who is a person |
5 | | with a disability as defined in Section 4A of this Act,
who |
6 | | applies for such card, or renewal thereof. No Illinois Person |
7 | | with a Disability Identification Card shall be issued to any |
8 | | person who
holds a valid
foreign state identification card, |
9 | | license, or permit unless the person first
surrenders to the
|
10 | | Secretary of State the valid foreign state identification card, |
11 | | license, or
permit. The Secretary of State
shall charge no fee |
12 | | to issue such card. The card shall be prepared and
supplied by |
13 | | the Secretary of State, and shall include a photograph and |
14 | | signature or mark of the
applicant, a designation indicating |
15 | | that the card is an Illinois
Person with a Disability |
16 | | Identification Card, and shall include a comprehensible |
17 | | designation
of the type and classification of the applicant's |
18 | | disability as set out in
Section 4A of this Act. However, the |
19 | | Secretary of State may provide by rule for the issuance of |
20 | | Illinois Person with a Disability Identification Cards without |
21 | | photographs if the applicant has a bona fide religious |
22 | | objection to being photographed or to the display of his or her |
23 | | photograph. If the applicant so requests, the card shall
|
24 | | include a description of the applicant's disability and any |
25 | | information
about the applicant's disability or medical |
26 | | history which the Secretary
determines would be helpful to the |
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1 | | applicant in securing emergency medical
care. If a mark is used |
2 | | in lieu of a signature, such mark
shall be affixed to the card |
3 | | in the presence of two witnesses who attest to
the authenticity |
4 | | of the mark. The Illinois
Person with a Disability |
5 | | Identification Card may be used for identification purposes
in |
6 | | any lawful situation by the person to whom it was issued.
|
7 | | The Illinois Person with a Disability Identification Card |
8 | | may be used as adequate
documentation of disability in lieu of |
9 | | a physician's determination of
disability, a determination of |
10 | | disability from a physician assistant, a determination of |
11 | | disability from an advanced practice registered
nurse, or any
|
12 | | other documentation
of disability whenever
any
State law
|
13 | | requires that a person with a disability provide such |
14 | | documentation of disability,
however an Illinois Person with a |
15 | | Disability Identification Card shall not qualify
the |
16 | | cardholder to participate in any program or to receive any |
17 | | benefit
which is not available to all persons with like |
18 | | disabilities.
Notwithstanding any other provisions of law, an |
19 | | Illinois Person with a Disability
Identification Card, or |
20 | | evidence that the Secretary of State has issued an
Illinois |
21 | | Person with a Disability Identification Card, shall not be used |
22 | | by any
person other than the person named on such card to prove |
23 | | that the person
named on such card is a person with a |
24 | | disability or for any other purpose unless the
card is used for |
25 | | the benefit of the person named on such card, and the
person |
26 | | named on such card consents to such use at the time the card is |
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1 | | so used.
|
2 | | An optometrist's determination of a visual disability |
3 | | under Section 4A of this Act is acceptable as documentation for |
4 | | the purpose of issuing an Illinois Person with a Disability |
5 | | Identification Card. |
6 | | When medical information is contained on an Illinois Person |
7 | | with a Disability
Identification Card, the Office of the |
8 | | Secretary of State shall not be
liable for any actions taken |
9 | | based upon that medical information.
|
10 | | (c) The Secretary of State shall provide
that each original |
11 | | or renewal Illinois Identification Card or Illinois
Person with |
12 | | a Disability Identification Card issued to a person under the |
13 | | age of 21
shall be of a distinct nature from those Illinois |
14 | | Identification Cards or
Illinois Person with a Disability |
15 | | Identification Cards issued to individuals 21
years of age or |
16 | | older. The color designated for Illinois Identification
Cards |
17 | | or Illinois Person with a Disability Identification Cards for |
18 | | persons under
the age of 21 shall be at the discretion of the |
19 | | Secretary of State.
|
20 | | (c-1) Each original or renewal Illinois
Identification |
21 | | Card or Illinois Person with a Disability Identification Card |
22 | | issued to
a person under the age of 21 shall display the date |
23 | | upon which the person
becomes 18 years of age and the date upon |
24 | | which the person becomes 21 years of
age.
|
25 | | (c-3) The General Assembly recognizes the need to identify |
26 | | military veterans living in this State for the purpose of |
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1 | | ensuring that they receive all of the services and benefits to |
2 | | which they are legally entitled, including healthcare, |
3 | | education assistance, and job placement. To assist the State in |
4 | | identifying these veterans and delivering these vital services |
5 | | and benefits, the Secretary of State is authorized to issue |
6 | | Illinois Identification Cards and Illinois Person with a |
7 | | Disability Identification Cards with the word "veteran" |
8 | | appearing on the face of the cards. This authorization is |
9 | | predicated on the unique status of veterans. The Secretary may |
10 | | not issue any other identification card which identifies an |
11 | | occupation, status, affiliation, hobby, or other unique |
12 | | characteristics of the identification card holder which is |
13 | | unrelated to the purpose of the identification card.
|
14 | | (c-5) Beginning on or before July 1, 2015, the Secretary of |
15 | | State shall designate a space on each original or renewal |
16 | | identification card where, at the request of the applicant, the |
17 | | word "veteran" shall be placed. The veteran designation shall |
18 | | be available to a person identified as a veteran under |
19 | | subsection (b) of Section 5 of this Act who was discharged or |
20 | | separated under honorable conditions. |
21 | | (d) The Secretary of State may issue a Senior Citizen
|
22 | | discount card, to any natural person who is a resident of the |
23 | | State of
Illinois who is 60 years of age or older and who |
24 | | applies for such a card or
renewal thereof. The Secretary of |
25 | | State shall charge no fee to issue such
card. The card shall be |
26 | | issued in every county and applications shall be
made available |
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1 | | at, but not limited to, nutrition sites, senior citizen
centers |
2 | | and Area Agencies on Aging. The applicant, upon receipt of such
|
3 | | card and prior to its use for any purpose, shall have affixed |
4 | | thereon in
the space provided therefor his signature or mark.
|
5 | | (e) The Secretary of State, in his or her discretion, may |
6 | | designate on each Illinois
Identification Card or Illinois |
7 | | Person with a Disability Identification Card a space where the |
8 | | card holder may place a sticker or decal, issued by the |
9 | | Secretary of State, of uniform size as the Secretary may |
10 | | specify, that shall indicate in appropriate language that the |
11 | | card holder has renewed his or her Illinois
Identification Card |
12 | | or Illinois Person with a Disability Identification Card. |
13 | | (Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; |
14 | | 98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff. |
15 | | 7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642, |
16 | | eff. 7-28-16; 99-907, eff. 7-1-17.)
|
17 | | Section 25. The Alcoholism and Other Drug Abuse and |
18 | | Dependency Act is amended by changing Section 5-23 as follows: |
19 | | (20 ILCS 301/5-23) |
20 | | Sec. 5-23. Drug Overdose Prevention Program. |
21 | | (a) Reports of drug overdose. |
22 | | (1) The Director of the Division of Alcoholism and |
23 | | Substance Abuse shall publish annually a report on drug |
24 | | overdose trends statewide that reviews State death rates |
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1 | | from available data to ascertain changes in the causes or |
2 | | rates of fatal and nonfatal drug overdose. The report shall |
3 | | also provide information on interventions that would be |
4 | | effective in reducing the rate of fatal or nonfatal drug |
5 | | overdose and shall include an analysis of drug overdose |
6 | | information reported to the Department of Public Health |
7 | | pursuant to subsection (e) of Section 3-3013 of the |
8 | | Counties Code, Section 6.14g of the Hospital Licensing Act, |
9 | | and subsection (j) of Section 22-30 of the School Code. |
10 | | (2) The report may include: |
11 | | (A) Trends in drug overdose death rates. |
12 | | (B) Trends in emergency room utilization related |
13 | | to drug overdose and the cost impact of emergency room |
14 | | utilization. |
15 | | (C) Trends in utilization of pre-hospital and |
16 | | emergency services and the cost impact of emergency |
17 | | services utilization. |
18 | | (D) Suggested improvements in data collection. |
19 | | (E) A description of other interventions effective |
20 | | in reducing the rate of fatal or nonfatal drug |
21 | | overdose. |
22 | | (F) A description of efforts undertaken to educate |
23 | | the public about unused medication and about how to |
24 | | properly dispose of unused medication, including the |
25 | | number of registered collection receptacles in this |
26 | | State, mail-back programs, and drug take-back events. |
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1 | | (b) Programs; drug overdose prevention. |
2 | | (1) The Director may establish a program to provide for |
3 | | the production and publication, in electronic and other |
4 | | formats, of drug overdose prevention, recognition, and |
5 | | response literature. The Director may develop and |
6 | | disseminate curricula for use by professionals, |
7 | | organizations, individuals, or committees interested in |
8 | | the prevention of fatal and nonfatal drug overdose, |
9 | | including, but not limited to, drug users, jail and prison |
10 | | personnel, jail and prison inmates, drug treatment |
11 | | professionals, emergency medical personnel, hospital |
12 | | staff, families and associates of drug users, peace |
13 | | officers, firefighters, public safety officers, needle |
14 | | exchange program staff, and other persons. In addition to |
15 | | information regarding drug overdose prevention, |
16 | | recognition, and response, literature produced by the |
17 | | Department shall stress that drug use remains illegal and |
18 | | highly dangerous and that complete abstinence from illegal |
19 | | drug use is the healthiest choice. The literature shall |
20 | | provide information and resources for substance abuse |
21 | | treatment. |
22 | | The Director may establish or authorize programs for |
23 | | prescribing, dispensing, or distributing opioid |
24 | | antagonists for the treatment of drug overdose. Such |
25 | | programs may include the prescribing of opioid antagonists |
26 | | for the treatment of drug overdose to a person who is not |
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1 | | at risk of opioid overdose but who, in the judgment of the |
2 | | health care professional, may be in a position to assist |
3 | | another individual during an opioid-related drug overdose |
4 | | and who has received basic instruction on how to administer |
5 | | an opioid antagonist. |
6 | | (2) The Director may provide advice to State and local |
7 | | officials on the growing drug overdose crisis, including |
8 | | the prevalence of drug overdose incidents, programs |
9 | | promoting the disposal of unused prescription drugs, |
10 | | trends in drug overdose incidents, and solutions to the |
11 | | drug overdose crisis. |
12 | | (c) Grants. |
13 | | (1) The Director may award grants, in accordance with |
14 | | this subsection, to create or support local drug overdose |
15 | | prevention, recognition, and response projects. Local |
16 | | health departments, correctional institutions, hospitals, |
17 | | universities, community-based organizations, and |
18 | | faith-based organizations may apply to the Department for a |
19 | | grant under this subsection at the time and in the manner |
20 | | the Director prescribes. |
21 | | (2) In awarding grants, the Director shall consider the |
22 | | necessity for overdose prevention projects in various |
23 | | settings and shall encourage all grant applicants to |
24 | | develop interventions that will be effective and viable in |
25 | | their local areas. |
26 | | (3) The Director shall give preference for grants to |
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1 | | proposals that, in addition to providing life-saving |
2 | | interventions and responses, provide information to drug |
3 | | users on how to access drug treatment or other strategies |
4 | | for abstaining from illegal drugs. The Director shall give |
5 | | preference to proposals that include one or more of the |
6 | | following elements: |
7 | | (A) Policies and projects to encourage persons, |
8 | | including drug users, to call 911 when they witness a |
9 | | potentially fatal drug overdose. |
10 | | (B) Drug overdose prevention, recognition, and |
11 | | response education projects in drug treatment centers, |
12 | | outreach programs, and other organizations that work |
13 | | with, or have access to, drug users and their families |
14 | | and communities. |
15 | | (C) Drug overdose recognition and response |
16 | | training, including rescue breathing, in drug |
17 | | treatment centers and for other organizations that |
18 | | work with, or have access to, drug users and their |
19 | | families and communities. |
20 | | (D) The production and distribution of targeted or |
21 | | mass media materials on drug overdose prevention and |
22 | | response, the potential dangers of keeping unused |
23 | | prescription drugs in the home, and methods to properly |
24 | | dispose of unused prescription drugs. |
25 | | (E) Prescription and distribution of opioid |
26 | | antagonists. |
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1 | | (F) The institution of education and training |
2 | | projects on drug overdose response and treatment for |
3 | | emergency services and law enforcement personnel. |
4 | | (G) A system of parent, family, and survivor |
5 | | education and mutual support groups. |
6 | | (4) In addition to moneys appropriated by the General |
7 | | Assembly, the Director may seek grants from private |
8 | | foundations, the federal government, and other sources to |
9 | | fund the grants under this Section and to fund an |
10 | | evaluation of the programs supported by the grants. |
11 | | (d) Health care professional prescription of opioid |
12 | | antagonists. |
13 | | (1) A health care professional who, acting in good |
14 | | faith, directly or by standing order, prescribes or |
15 | | dispenses an opioid antagonist to: (a) a patient who, in |
16 | | the judgment of the health care professional, is capable of |
17 | | administering the drug in an emergency, or (b) a person who |
18 | | is not at risk of opioid overdose but who, in the judgment |
19 | | of the health care professional, may be in a position to |
20 | | assist another individual during an opioid-related drug |
21 | | overdose and who has received basic instruction on how to |
22 | | administer an opioid antagonist shall not, as a result of |
23 | | his or her acts or omissions, be subject to: (i) any |
24 | | disciplinary or other adverse action under the Medical |
25 | | Practice Act of 1987, the Physician Assistant Practice Act |
26 | | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, |
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1 | | or any other professional licensing statute or (ii) any |
2 | | criminal liability, except for willful and wanton |
3 | | misconduct. |
4 | | (2) A person who is not otherwise licensed to |
5 | | administer an opioid antagonist may in an emergency |
6 | | administer without fee an opioid antagonist if the person |
7 | | has received the patient information specified in |
8 | | paragraph (4) of this subsection and believes in good faith |
9 | | that another person is experiencing a drug overdose. The |
10 | | person shall not, as a result of his or her acts or |
11 | | omissions, be (i) liable for any violation of the Medical |
12 | | Practice Act of 1987, the Physician Assistant Practice Act |
13 | | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, |
14 | | or any other professional licensing statute, or (ii) |
15 | | subject to any criminal prosecution or civil liability, |
16 | | except for willful and wanton misconduct. |
17 | | (3) A health care professional prescribing an opioid |
18 | | antagonist to a patient shall ensure that the patient |
19 | | receives the patient information specified in paragraph |
20 | | (4) of this subsection. Patient information may be provided |
21 | | by the health care professional or a community-based |
22 | | organization, substance abuse program, or other |
23 | | organization with which the health care professional |
24 | | establishes a written agreement that includes a |
25 | | description of how the organization will provide patient |
26 | | information, how employees or volunteers providing |
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1 | | information will be trained, and standards for documenting |
2 | | the provision of patient information to patients. |
3 | | Provision of patient information shall be documented in the |
4 | | patient's medical record or through similar means as |
5 | | determined by agreement between the health care |
6 | | professional and the organization. The Director of the |
7 | | Division of Alcoholism and Substance Abuse, in |
8 | | consultation with statewide organizations representing |
9 | | physicians, pharmacists, advanced practice registered |
10 | | nurses, physician assistants, substance abuse programs, |
11 | | and other interested groups, shall develop and disseminate |
12 | | to health care professionals, community-based |
13 | | organizations, substance abuse programs, and other |
14 | | organizations training materials in video, electronic, or |
15 | | other formats to facilitate the provision of such patient |
16 | | information. |
17 | | (4) For the purposes of this subsection: |
18 | | "Opioid antagonist" means a drug that binds to opioid |
19 | | receptors and blocks or inhibits the effect of opioids |
20 | | acting on those receptors, including, but not limited to, |
21 | | naloxone hydrochloride or any other similarly acting drug |
22 | | approved by the U.S. Food and Drug Administration. |
23 | | "Health care professional" means a physician licensed |
24 | | to practice medicine in all its branches, a licensed |
25 | | physician assistant with prescriptive authority , a |
26 | | licensed advanced practice registered nurse with |
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1 | | prescriptive authority , an advanced practice registered |
2 | | nurse or physician assistant who practices in a hospital, |
3 | | hospital affiliate, or ambulatory surgical treatment |
4 | | center and possesses appropriate clinical privileges in |
5 | | accordance with the Nurse Practice Act, or a pharmacist |
6 | | licensed to practice pharmacy under the Pharmacy Practice |
7 | | Act. |
8 | | "Patient" includes a person who is not at risk of |
9 | | opioid overdose but who, in the judgment of the physician, |
10 | | advanced practice registered nurse, or physician |
11 | | assistant, may be in a position to assist another |
12 | | individual during an overdose and who has received patient |
13 | | information as required in paragraph (2) of this subsection |
14 | | on the indications for and administration of an opioid |
15 | | antagonist. |
16 | | "Patient information" includes information provided to |
17 | | the patient on drug overdose prevention and recognition; |
18 | | how to perform rescue breathing and resuscitation; opioid |
19 | | antagonist dosage and administration; the importance of |
20 | | calling 911; care for the overdose victim after |
21 | | administration of the overdose antagonist; and other |
22 | | issues as necessary.
|
23 | | (e) Drug overdose response policy. |
24 | | (1) Every State and local government agency that |
25 | | employs a law enforcement officer or fireman as those terms |
26 | | are defined in the Line of Duty Compensation Act must |
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1 | | possess opioid antagonists and must establish a policy to |
2 | | control the acquisition, storage, transportation, and |
3 | | administration of such opioid antagonists and to provide |
4 | | training in the administration of opioid antagonists. A |
5 | | State or local government agency that employs a fireman as |
6 | | defined in the Line of Duty Compensation Act but does not |
7 | | respond to emergency medical calls or provide medical |
8 | | services shall be exempt from this subsection. |
9 | | (2) Every publicly or privately owned ambulance, |
10 | | special emergency medical services vehicle, non-transport |
11 | | vehicle, or ambulance assist vehicle, as described in the |
12 | | Emergency Medical Services (EMS) Systems Act, which |
13 | | responds to requests for emergency services or transports |
14 | | patients between hospitals in emergency situations must |
15 | | possess opioid antagonists. |
16 | | (3) Entities that are required under paragraphs (1) and |
17 | | (2) to possess opioid antagonists may also apply to the |
18 | | Department for a grant to fund the acquisition of opioid |
19 | | antagonists and training programs on the administration of |
20 | | opioid antagonists. |
21 | | (Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; |
22 | | 99-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.) |
23 | | Section 30. The Department of Central Management Services |
24 | | Law of the
Civil Administrative Code of Illinois is amended by |
25 | | changing Section 405-105 as follows:
|
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1 | | (20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
|
2 | | Sec. 405-105. Fidelity, surety, property, and casualty |
3 | | insurance. The Department
shall establish and implement a |
4 | | program to coordinate
the handling of all fidelity, surety, |
5 | | property, and casualty insurance
exposures of the State and the |
6 | | departments, divisions, agencies,
branches,
and universities |
7 | | of the State. In performing this responsibility, the
Department |
8 | | shall have the power and duty to do the following:
|
9 | | (1) Develop and maintain loss and exposure data on all |
10 | | State
property.
|
11 | | (2) Study the feasibility of establishing a |
12 | | self-insurance plan
for
State property and prepare |
13 | | estimates of the costs of reinsurance for
risks beyond the |
14 | | realistic limits of the self-insurance.
|
15 | | (3) Prepare a plan for centralizing the purchase of |
16 | | property and
casualty insurance on State property under a |
17 | | master policy or policies
and purchase the insurance |
18 | | contracted for as provided in the
Illinois Purchasing Act.
|
19 | | (4) Evaluate existing provisions for fidelity bonds |
20 | | required of
State employees and recommend changes that are |
21 | | appropriate
commensurate with risk experience and the |
22 | | determinations respecting
self-insurance or reinsurance so |
23 | | as to permit reduction of costs without
loss of coverage.
|
24 | | (5) Investigate procedures for inclusion of school |
25 | | districts,
public community
college districts, and other |
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1 | | units of local government in programs for
the centralized |
2 | | purchase of insurance.
|
3 | | (6) Implement recommendations of the State Property
|
4 | | Insurance
Study Commission that the Department finds |
5 | | necessary or desirable in
the
performance of its powers and |
6 | | duties under this Section to achieve
efficient and |
7 | | comprehensive risk management.
|
8 | | (7) Prepare and, in the discretion of the Director, |
9 | | implement a plan providing for the purchase of public
|
10 | | liability insurance or for self-insurance for public |
11 | | liability or for a
combination of purchased insurance and |
12 | | self-insurance for public
liability (i) covering the State |
13 | | and drivers of motor vehicles
owned,
leased, or controlled |
14 | | by the State of Illinois pursuant to the provisions
and |
15 | | limitations contained in the Illinois Vehicle Code, (ii)
|
16 | | covering
other public liability exposures of the State and |
17 | | its employees within
the scope of their employment, and |
18 | | (iii) covering drivers of motor
vehicles not owned, leased, |
19 | | or controlled by the State but used by a
State employee on |
20 | | State business, in excess of liability covered by an
|
21 | | insurance policy obtained by the owner of the motor vehicle |
22 | | or in
excess of the dollar amounts that the Department |
23 | | shall
determine to be
reasonable. Any contract of insurance |
24 | | let under this Law shall be
by
bid in accordance with the |
25 | | procedure set forth in the Illinois
Purchasing Act. Any |
26 | | provisions for self-insurance shall conform to
subdivision |
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1 | | (11).
|
2 | | The term "employee" as used in this subdivision (7) and |
3 | | in subdivision
(11)
means a person while in the employ of |
4 | | the State who is a member of the
staff or personnel of a |
5 | | State agency, bureau, board, commission,
committee, |
6 | | department, university, or college or who is a State |
7 | | officer,
elected official, commissioner, member of or ex |
8 | | officio member of a
State agency, bureau, board, |
9 | | commission, committee, department,
university, or college, |
10 | | or a member of the National Guard while on active
duty |
11 | | pursuant to orders of the Governor of the State of |
12 | | Illinois, or any
other person while using a licensed motor |
13 | | vehicle owned, leased, or
controlled by the State of |
14 | | Illinois with the authorization of the State
of Illinois, |
15 | | provided the actual use of the motor vehicle is
within the |
16 | | scope of that
authorization and within the course of State |
17 | | service.
|
18 | | Subsequent to payment of a claim on behalf of an |
19 | | employee pursuant to this
Section and after reasonable |
20 | | advance written notice to the employee, the
Director may |
21 | | exclude the employee from future coverage or limit the
|
22 | | coverage under the plan if (i) the Director determines that |
23 | | the
claim
resulted from an incident in which the employee |
24 | | was grossly negligent or
had engaged in willful and wanton |
25 | | misconduct or (ii) the
Director
determines that the |
26 | | employee is no longer an acceptable risk based on a
review |
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1 | | of prior accidents in which the employee was at fault and |
2 | | for which
payments were made pursuant to this Section.
|
3 | | The Director is authorized to
promulgate |
4 | | administrative rules that may be necessary to
establish and
|
5 | | administer the plan.
|
6 | | Appropriations from the Road Fund shall be used to pay |
7 | | auto liability claims
and related expenses involving |
8 | | employees of the Department of Transportation,
the |
9 | | Illinois State Police, and the Secretary of State.
|
10 | | (8) Charge, collect, and receive from all other |
11 | | agencies of
the State
government fees or monies equivalent |
12 | | to the cost of purchasing the insurance.
|
13 | | (9) Establish, through the Director, charges for risk
|
14 | | management
services
rendered to State agencies by the |
15 | | Department.
The State agencies so charged shall reimburse |
16 | | the Department by vouchers drawn
against their respective
|
17 | | appropriations. The reimbursement shall be determined by |
18 | | the Director as
amounts sufficient to reimburse the |
19 | | Department
for expenditures incurred in rendering the |
20 | | service.
|
21 | | The Department shall charge the
employing State agency |
22 | | or university for workers' compensation payments for
|
23 | | temporary total disability paid to any employee after the |
24 | | employee has
received temporary total disability payments |
25 | | for 120 days if the employee's
treating physician, advanced |
26 | | practice registered nurse, or physician assistant has |
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1 | | issued a release to return to work with restrictions
and |
2 | | the employee is able to perform modified duty work but the |
3 | | employing
State agency or
university does not return the |
4 | | employee to work at modified duty. Modified
duty shall be |
5 | | duties assigned that may or may not be delineated
as part |
6 | | of the duties regularly performed by the employee. Modified |
7 | | duties
shall be assigned within the prescribed |
8 | | restrictions established by the
treating physician and the |
9 | | physician who performed the independent medical
|
10 | | examination. The amount of all reimbursements
shall be |
11 | | deposited into the Workers' Compensation Revolving Fund |
12 | | which is
hereby created as a revolving fund in the State |
13 | | treasury. In addition to any other purpose authorized by |
14 | | law, moneys in the Fund
shall be used, subject to |
15 | | appropriation, to pay these or other temporary
total |
16 | | disability claims of employees of State agencies and |
17 | | universities.
|
18 | | Beginning with fiscal year 1996, all amounts recovered |
19 | | by the
Department through subrogation in workers' |
20 | | compensation and workers'
occupational disease cases shall |
21 | | be
deposited into the Workers' Compensation Revolving Fund |
22 | | created under
this subdivision (9).
|
23 | | (10) Establish rules, procedures, and forms to be used |
24 | | by
State agencies
in the administration and payment of |
25 | | workers' compensation claims. For claims filed prior to |
26 | | July 1, 2013, the
Department shall initially evaluate and |
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1 | | determine the compensability of
any injury that is
the |
2 | | subject of a workers' compensation claim and provide for |
3 | | the
administration and payment of such a claim for all |
4 | | State agencies. For claims filed on or after July 1, 2013, |
5 | | the Department shall retain responsibility for certain |
6 | | administrative payments including, but not limited to, |
7 | | payments to the private vendor contracted to perform |
8 | | services under subdivision (10b) of this Section, payments |
9 | | related to travel expenses for employees of the Office of |
10 | | the Attorney General, and payments to internal Department |
11 | | staff responsible for the oversight and management of any |
12 | | contract awarded pursuant to subdivision (10b) of this |
13 | | Section. Through December 31, 2012, the
Director may |
14 | | delegate to any agency with the agreement of the agency |
15 | | head
the responsibility for evaluation, administration, |
16 | | and payment of that
agency's claims. Neither the Department |
17 | | nor the private vendor contracted to perform services under |
18 | | subdivision (10b) of this Section shall be responsible for |
19 | | providing workers' compensation services to the Illinois |
20 | | State Toll Highway Authority or to State universities that |
21 | | maintain self-funded workers' compensation liability |
22 | | programs.
|
23 | | (10a) By April 1 of each year prior to calendar year |
24 | | 2013, the Director must report and provide information to |
25 | | the State Workers' Compensation Program Advisory Board |
26 | | concerning the status of the State workers' compensation |
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1 | | program for the next fiscal year. Information that the |
2 | | Director must provide to the State Workers' Compensation |
3 | | Program Advisory Board includes, but is not limited to, |
4 | | documents, reports of negotiations, bid invitations, |
5 | | requests for proposals, specifications, copies of proposed |
6 | | and final contracts or agreements, and any other materials |
7 | | concerning contracts or agreements for the program. By the |
8 | | first of each month prior to calendar year 2013, the |
9 | | Director must provide updated, and any new, information to |
10 | | the State Workers' Compensation Program Advisory Board |
11 | | until the State workers' compensation program for the next |
12 | | fiscal year is determined. |
13 | | (10b) No later than January 1, 2013, the chief |
14 | | procurement officer appointed under paragraph (4) of |
15 | | subsection (a) of Section 10-20 of the Illinois Procurement |
16 | | Code (hereinafter "chief procurement officer"), in |
17 | | consultation with the Department of Central Management |
18 | | Services, shall procure one or more private vendors to |
19 | | administer the program providing payments for workers' |
20 | | compensation liability with respect to the employees of all |
21 | | State agencies. The chief procurement officer may procure a |
22 | | single contract applicable to all State agencies or |
23 | | multiple contracts applicable to one or more State |
24 | | agencies. If the chief procurement officer procures a |
25 | | single contract applicable to all State agencies, then the |
26 | | Department of Central Management Services shall be |
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1 | | designated as the agency that enters into the contract and |
2 | | shall be responsible for the contract. If the chief |
3 | | procurement officer procures multiple contracts applicable |
4 | | to one or more State agencies, each agency to which the |
5 | | contract applies shall be designated as the agency that |
6 | | shall enter into the contract and shall be responsible for |
7 | | the contract. If the chief procurement officer procures |
8 | | contracts applicable to an individual State agency, the |
9 | | agency subject to the contract shall be designated as the |
10 | | agency responsible for the contract. |
11 | | (10c) The procurement of private vendors for the |
12 | | administration of the workers' compensation program for |
13 | | State employees is subject to the provisions of the |
14 | | Illinois Procurement Code and administration by the chief |
15 | | procurement officer. |
16 | | (10d) Contracts for the procurement of private vendors |
17 | | for the administration of the workers' compensation |
18 | | program for State employees shall be based upon, but |
19 | | limited to, the following criteria: (i) administrative |
20 | | cost, (ii) service capabilities of the vendor, and (iii) |
21 | | the compensation (including premiums, fees, or other |
22 | | charges). A vendor for the administration of the workers' |
23 | | compensation program for State employees shall provide |
24 | | services, including, but not limited to: |
25 | | (A) providing a web-based case management system |
26 | | and provide access to the Office of the Attorney |
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1 | | General; |
2 | | (B) ensuring claims adjusters are available to |
3 | | provide testimony or information as requested by the |
4 | | Office of the Attorney General; |
5 | | (C) establishing a preferred provider program for |
6 | | all State agencies and facilities; and |
7 | | (D) authorizing the payment of medical bills at the |
8 | | preferred provider discount rate. |
9 | | (10e) By September 15, 2012, the Department of Central |
10 | | Management Services shall prepare a plan to effectuate the |
11 | | transfer of responsibility and administration of the |
12 | | workers' compensation program for State employees to the |
13 | | selected private vendors. The Department shall submit a |
14 | | copy of the plan to the General Assembly. |
15 | | (11) Any plan for public liability self-insurance |
16 | | implemented
under this
Section shall provide that (i) the |
17 | | Department
shall attempt to settle and may settle any |
18 | | public liability claim filed
against the State of Illinois |
19 | | or any public liability claim filed
against a State |
20 | | employee on the basis of an occurrence in the course of
the |
21 | | employee's State employment; (ii) any settlement of
such a |
22 | | claim is not subject to fiscal year limitations and must be
|
23 | | approved by the Director and, in cases of
settlements |
24 | | exceeding $100,000, by the Governor; and (iii) a
settlement |
25 | | of
any public liability claim against the State or a State |
26 | | employee shall
require an unqualified release of any right |
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1 | | of action against the State
and the employee for acts |
2 | | within the scope of the employee's employment
giving rise |
3 | | to the claim.
|
4 | | Whenever and to the extent that a State
employee |
5 | | operates a motor vehicle or engages in other activity |
6 | | covered
by self-insurance under this Section, the State of |
7 | | Illinois shall
defend, indemnify, and hold harmless the |
8 | | employee against any claim in
tort filed against the |
9 | | employee for acts or omissions within the scope
of the |
10 | | employee's employment in any proper judicial forum and not
|
11 | | settled pursuant
to this subdivision (11), provided that |
12 | | this obligation of
the State of
Illinois shall not exceed a |
13 | | maximum liability of $2,000,000 for any
single occurrence |
14 | | in connection with the operation of a motor vehicle or
|
15 | | $100,000 per person per occurrence for any other single |
16 | | occurrence,
or $500,000 for any single occurrence in |
17 | | connection with the provision of
medical care by a licensed |
18 | | physician, advanced practice registered nurse, or |
19 | | physician assistant employee.
|
20 | | Any
claims against the State of Illinois under a |
21 | | self-insurance plan that
are not settled pursuant to this |
22 | | subdivision (11) shall be
heard and
determined by the Court |
23 | | of Claims and may not be filed or adjudicated
in any other |
24 | | forum. The Attorney General of the State of Illinois or
the |
25 | | Attorney General's designee shall be the attorney with |
26 | | respect
to all public liability
self-insurance claims that |
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1 | | are not settled pursuant to this
subdivision (11)
and |
2 | | therefore result in litigation. The payment of any award of |
3 | | the
Court of Claims entered against the State relating to |
4 | | any public
liability self-insurance claim shall act as a |
5 | | release against any State
employee involved in the |
6 | | occurrence.
|
7 | | (12) Administer a plan the purpose of which is to make |
8 | | payments
on final
settlements or final judgments in |
9 | | accordance with the State Employee
Indemnification Act. |
10 | | The plan shall be funded through appropriations from the
|
11 | | General Revenue Fund specifically designated for that |
12 | | purpose, except that
indemnification expenses for |
13 | | employees of the Department of Transportation,
the |
14 | | Illinois State Police, and the Secretary of State
shall be |
15 | | paid
from the Road
Fund. The term "employee" as used in |
16 | | this subdivision (12) has the same
meaning as under |
17 | | subsection (b) of Section 1 of the State Employee
|
18 | | Indemnification Act. Subject to sufficient appropriation, |
19 | | the Director shall approve payment of any claim, without |
20 | | regard to fiscal year limitations, presented to
the |
21 | | Director
that is supported by a final settlement or final |
22 | | judgment when the Attorney
General and the chief officer of |
23 | | the public body against whose employee the
claim or cause |
24 | | of action is asserted certify to the Director that
the |
25 | | claim is in
accordance with the State Employee |
26 | | Indemnification Act and that they
approve
of the payment. |
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1 | | In no event shall an amount in excess of $150,000 be paid |
2 | | from
this plan to or for the benefit of any claimant.
|
3 | | (13) Administer a plan the purpose of which is to make |
4 | | payments
on final
settlements or final judgments for |
5 | | employee wage claims in situations where
there was an |
6 | | appropriation relevant to the wage claim, the fiscal year
|
7 | | and lapse period have expired, and sufficient funds were |
8 | | available
to
pay the claim. The plan shall be funded |
9 | | through
appropriations from the General Revenue Fund |
10 | | specifically designated for
that purpose.
|
11 | | Subject to sufficient appropriation, the Director is |
12 | | authorized to pay any wage claim presented to the
Director
|
13 | | that is supported by a final settlement or final judgment |
14 | | when the chief
officer of the State agency employing the |
15 | | claimant certifies to the
Director that
the claim is a |
16 | | valid wage claim and that the fiscal year and lapse period
|
17 | | have expired. Payment for claims that are properly |
18 | | submitted and certified
as valid by the Director
shall |
19 | | include interest accrued at the rate of 7% per annum from |
20 | | the
forty-fifth day after the claims are received by the |
21 | | Department or 45 days from the date on which the amount of |
22 | | payment
is agreed upon, whichever is later, until the date |
23 | | the claims are submitted
to the Comptroller for payment. |
24 | | When the Attorney General has filed an
appearance in any |
25 | | proceeding concerning a wage claim settlement or
judgment, |
26 | | the Attorney General shall certify to the Director that the |
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1 | | wage claim is valid before any payment is
made. In no event |
2 | | shall an amount in excess of $150,000 be paid from this
|
3 | | plan to or for the benefit of any claimant.
|
4 | | Nothing in Public Act 84-961 shall be construed to |
5 | | affect in any manner the jurisdiction of the
Court of |
6 | | Claims concerning wage claims made against the State of |
7 | | Illinois.
|
8 | | (14) Prepare and, in the discretion of the Director, |
9 | | implement a program for
self-insurance for official
|
10 | | fidelity and surety bonds for officers and employees as |
11 | | authorized by the
Official Bond Act.
|
12 | | (Source: P.A. 99-581, eff. 1-1-17 .)
|
13 | | Section 35. The Regional Integrated Behavioral Health |
14 | | Networks Act is amended by changing Section 20 as follows: |
15 | | (20 ILCS 1340/20) |
16 | | Sec. 20. Steering Committee and Networks. |
17 | | (a) To achieve these goals, the Department of Human |
18 | | Services shall convene a Regional Integrated Behavioral Health |
19 | | Networks Steering Committee (hereinafter "Steering Committee") |
20 | | comprised of State agencies involved in the provision, |
21 | | regulation, or financing of health, mental health, substance |
22 | | abuse, rehabilitation, and other services. These include, but |
23 | | shall not be limited to, the following agencies: |
24 | | (1) The Department of Healthcare and Family Services. |
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1 | | (2) The Department of Human Services and its Divisions |
2 | | of Mental Illness and Alcoholism and Substance Abuse |
3 | | Services. |
4 | | (3) The Department of Public Health, including its |
5 | | Center for Rural Health. |
6 | | The Steering Committee shall include a representative from |
7 | | each Network. The agencies of the Steering Committee are |
8 | | directed to work collaboratively to provide consultation, |
9 | | advice, and leadership to the Networks in facilitating |
10 | | communication within and across multiple agencies and in |
11 | | removing regulatory barriers that may prevent Networks from |
12 | | accomplishing the goals. The Steering Committee collectively |
13 | | or through one of its member Agencies shall also provide |
14 | | technical assistance to the Networks. |
15 | | (b) There also shall be convened Networks in each of the |
16 | | Department of Human Services' regions comprised of |
17 | | representatives of community stakeholders represented in the |
18 | | Network, including when available, but not limited to, relevant |
19 | | trade and professional associations representing hospitals, |
20 | | community providers, public health care, hospice care, long |
21 | | term care, law enforcement, emergency medical service, |
22 | | physicians, advanced practice registered nurses, and physician |
23 | | assistants trained in psychiatry; an organization that |
24 | | advocates on behalf of federally qualified health centers, an |
25 | | organization that advocates on behalf of persons suffering with |
26 | | mental illness and substance abuse disorders, an organization |
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1 | | that advocates on behalf of persons with disabilities, an |
2 | | organization that advocates on behalf of persons who live in |
3 | | rural areas, an organization that advocates on behalf of |
4 | | persons who live in medically underserved areas; and others |
5 | | designated by the Steering Committee or the Networks. A member |
6 | | from each Network may choose a representative who may serve on |
7 | | the Steering Committee.
|
8 | | (Source: P.A. 99-581, eff. 1-1-17 .) |
9 | | Section 40. The Mental Health and Developmental |
10 | | Disabilities Administrative Act is amended by changing |
11 | | Sections 5.1, 14, and 15.4 as follows:
|
12 | | (20 ILCS 1705/5.1) (from Ch. 91 1/2, par. 100-5.1)
|
13 | | Sec. 5.1.
The Department shall develop, by rule, the
|
14 | | procedures and standards by which it shall approve medications |
15 | | for
clinical use in its facilities. A list of those drugs |
16 | | approved pursuant to
these procedures shall be distributed to |
17 | | all Department facilities.
|
18 | | Drugs not listed by the Department may not be administered |
19 | | in facilities
under the jurisdiction of the Department, |
20 | | provided that an unlisted drug
may be administered as part of |
21 | | research with the prior written consent of
the Secretary |
22 | | specifying the nature of the permitted use and
the physicians |
23 | | authorized to prescribe the drug. Drugs, as used in this
|
24 | | Section, mean psychotropic and narcotic drugs.
|
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1 | | No physician, advanced practice registered nurse, or |
2 | | physician assistant in the Department shall sign a prescription |
3 | | in blank, nor
permit blank prescription forms to circulate out |
4 | | of his possession or
control.
|
5 | | (Source: P.A. 99-581, eff. 1-1-17 .)
|
6 | | (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
|
7 | | Sec. 14. Chester Mental Health Center. To maintain and |
8 | | operate a
facility for the care, custody, and treatment of |
9 | | persons with mental
illness or habilitation of persons with |
10 | | developmental disabilities hereinafter
designated, to be known |
11 | | as the Chester Mental Health Center.
|
12 | | Within the Chester Mental Health Center there shall be |
13 | | confined the
following classes of persons, whose history, in |
14 | | the opinion of the
Department, discloses dangerous or violent |
15 | | tendencies and who, upon
examination under the direction of the |
16 | | Department, have been found a fit
subject for confinement in |
17 | | that facility:
|
18 | | (a) Any male person who is charged with the commission |
19 | | of a
crime but has been acquitted by reason of insanity as |
20 | | provided in Section
5-2-4 of the Unified Code of |
21 | | Corrections.
|
22 | | (b) Any male person who is charged with the commission |
23 | | of
a crime but has been found unfit under Article 104 of |
24 | | the Code of Criminal
Procedure of 1963.
|
25 | | (c) Any male person with mental illness or |
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1 | | developmental disabilities or
person in need of mental |
2 | | treatment now confined under the supervision of the
|
3 | | Department or hereafter
admitted to any facility thereof or |
4 | | committed thereto by any court of competent
jurisdiction.
|
5 | | If and when it shall appear to the facility director of the |
6 | | Chester Mental
Health Center that it is necessary to confine |
7 | | persons in order to maintain
security or provide for the |
8 | | protection and safety of recipients and staff, the
Chester |
9 | | Mental Health Center may confine all persons on a unit to their |
10 | | rooms.
This period of confinement shall not exceed 10 hours in |
11 | | a 24 hour period,
including the recipient's scheduled hours of |
12 | | sleep, unless approved by the
Secretary of the Department. |
13 | | During the period of
confinement, the
persons confined shall be |
14 | | observed at least every 15 minutes. A record shall
be kept of |
15 | | the observations. This confinement shall not be considered
|
16 | | seclusion as defined in the Mental Health and Developmental |
17 | | Disabilities
Code.
|
18 | | The facility director of the Chester Mental Health Center |
19 | | may authorize
the temporary use of handcuffs on a recipient for |
20 | | a period not to exceed 10
minutes when necessary in the course |
21 | | of transport of the recipient within the
facility to maintain |
22 | | custody or security. Use of handcuffs is subject to the
|
23 | | provisions of Section 2-108 of the Mental Health and |
24 | | Developmental Disabilities
Code. The facility shall keep a |
25 | | monthly record listing each instance in which
handcuffs are |
26 | | used, circumstances indicating the need for use of handcuffs, |
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1 | | and
time of application of handcuffs and time of release |
2 | | therefrom. The facility
director shall allow the Illinois |
3 | | Guardianship and Advocacy Commission, the
agency designated by |
4 | | the Governor under Section 1 of the Protection and
Advocacy for |
5 | | Persons with Developmental Disabilities Act, and the |
6 | | Department to
examine and copy such record upon request.
|
7 | | The facility director of the Chester Mental Health Center |
8 | | may authorize the temporary use of transport devices on a civil |
9 | | recipient when necessary in the course of transport of the |
10 | | civil recipient outside the facility to maintain custody or |
11 | | security. The decision whether to use any transport devices |
12 | | shall be reviewed and approved on an individualized basis by a |
13 | | physician, an advanced practice registered nurse, or a |
14 | | physician assistant based upon a determination of the civil |
15 | | recipient's: (1) history of violence, (2) history of violence |
16 | | during transports, (3) history of escapes and escape attempts, |
17 | | (4) history of trauma, (5) history of incidents of restraint or |
18 | | seclusion and use of involuntary medication, (6) current |
19 | | functioning level and medical status, and (7) prior experience |
20 | | during similar transports, and the length, duration, and |
21 | | purpose of the transport. The least restrictive transport |
22 | | device consistent with the individual's need shall be used. |
23 | | Staff transporting the individual shall be trained in the use |
24 | | of the transport devices, recognizing and responding to a |
25 | | person in distress, and shall observe and monitor the |
26 | | individual while being transported. The facility shall keep a |
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1 | | monthly record listing all transports, including those |
2 | | transports for which use of transport devices was not sought, |
3 | | those for which use of transport devices was sought but denied, |
4 | | and each instance in which transport devices are used, |
5 | | circumstances indicating the need for use of transport devices, |
6 | | time of application of transport devices, time of release from |
7 | | those devices, and any adverse events. The facility director |
8 | | shall allow the Illinois Guardianship and Advocacy Commission, |
9 | | the agency designated by the Governor under Section 1 of the |
10 | | Protection and Advocacy for Persons with Developmental |
11 | | Disabilities Act, and the Department to examine and copy the |
12 | | record upon request. This use of transport devices shall not be |
13 | | considered restraint as defined in the Mental Health and |
14 | | Developmental Disabilities Code. For the purpose of this |
15 | | Section "transport device" means ankle cuffs, handcuffs, waist |
16 | | chains or wrist-waist devices designed to restrict an |
17 | | individual's range of motion while being transported. These |
18 | | devices must be approved by the Division of Mental Health, used |
19 | | in accordance with the manufacturer's instructions, and used |
20 | | only by qualified staff members who have completed all training |
21 | | required to be eligible to transport patients and all other |
22 | | required training relating to the safe use and application of |
23 | | transport devices, including recognizing and responding to |
24 | | signs of distress in an individual whose movement is being |
25 | | restricted by a transport device. |
26 | | If and when it shall appear to the satisfaction of the |
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1 | | Department that
any person confined in the Chester Mental |
2 | | Health Center is not or has
ceased to be such a source of |
3 | | danger to the public as to require his
subjection to the |
4 | | regimen of the center, the Department is hereby
authorized to |
5 | | transfer such person to any State facility for treatment of
|
6 | | persons with mental illness or habilitation of persons with |
7 | | developmental
disabilities, as the nature of the individual |
8 | | case may require.
|
9 | | Subject to the provisions of this Section, the Department, |
10 | | except where
otherwise provided by law, shall, with respect to |
11 | | the management, conduct
and control of the Chester Mental |
12 | | Health Center and the discipline, custody
and treatment of the |
13 | | persons confined therein, have and exercise the same
rights and |
14 | | powers as are vested by law in the Department with respect to
|
15 | | any and all of the State facilities for treatment of persons |
16 | | with mental
illness or habilitation of persons with |
17 | | developmental disabilities, and the
recipients thereof, and |
18 | | shall be subject to the same duties as are imposed by
law upon |
19 | | the Department with respect to such facilities and the |
20 | | recipients
thereof. |
21 | | The Department may elect to place persons who have been |
22 | | ordered by the court to be detained under the Sexually Violent |
23 | | Persons Commitment Act in a distinct portion of the Chester |
24 | | Mental Health Center. The persons so placed shall be separated |
25 | | and shall not comingle with the recipients of the Chester |
26 | | Mental Health Center. The portion of Chester Mental Health |
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1 | | Center that is used for the persons detained under the Sexually |
2 | | Violent Persons Commitment Act shall not be a part of the |
3 | | mental health facility for the enforcement and implementation |
4 | | of the Mental Health and Developmental Disabilities Code nor |
5 | | shall their care and treatment be subject to the provisions of |
6 | | the Mental Health and Developmental Disabilities Code. The |
7 | | changes added to this Section by this amendatory Act of the |
8 | | 98th General Assembly are inoperative on and after June 30, |
9 | | 2015.
|
10 | | (Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13; |
11 | | 98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-581, eff. |
12 | | 1-1-17 .)
|
13 | | (20 ILCS 1705/15.4)
|
14 | | Sec. 15.4. Authorization for nursing delegation to permit |
15 | | direct care
staff to
administer medications. |
16 | | (a) This Section applies to (i) all programs for persons
|
17 | | with a
developmental disability in settings of 16 persons or |
18 | | fewer that are funded or
licensed by the Department of Human
|
19 | | Services and that distribute or administer medications and (ii) |
20 | | all
intermediate care
facilities for persons with |
21 | | developmental disabilities with 16 beds or fewer that are
|
22 | | licensed by the
Department of Public Health. The Department of |
23 | | Human Services shall develop a
training program for authorized |
24 | | direct care staff to administer
medications under the
|
25 | | supervision and monitoring of a registered professional nurse.
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1 | | This training program shall be developed in consultation with |
2 | | professional
associations representing (i) physicians licensed |
3 | | to practice medicine in all
its branches, (ii) registered |
4 | | professional nurses, and (iii) pharmacists.
|
5 | | (b) For the purposes of this Section:
|
6 | | "Authorized direct care staff" means non-licensed persons |
7 | | who have
successfully completed a medication administration |
8 | | training program
approved by the Department of Human Services |
9 | | and conducted by a nurse-trainer.
This authorization is |
10 | | specific to an individual receiving service in
a
specific |
11 | | agency and does not transfer to another agency.
|
12 | | "Medications" means oral and topical medications, insulin |
13 | | in an injectable form, oxygen, epinephrine auto-injectors, and |
14 | | vaginal and rectal creams and suppositories. "Oral" includes |
15 | | inhalants and medications administered through enteral tubes, |
16 | | utilizing aseptic technique. "Topical" includes eye, ear, and |
17 | | nasal medications. Any controlled substances must be packaged |
18 | | specifically for an identified individual. |
19 | | "Insulin in an injectable form" means a subcutaneous |
20 | | injection via an insulin pen pre-filled by the manufacturer. |
21 | | Authorized direct care staff may administer insulin, as ordered |
22 | | by a physician, advanced practice registered nurse, or |
23 | | physician assistant, if: (i) the staff has successfully |
24 | | completed a Department-approved advanced training program |
25 | | specific to insulin administration developed in consultation |
26 | | with professional associations listed in subsection (a) of this |
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1 | | Section, and (ii) the staff consults with the registered nurse, |
2 | | prior to administration, of any insulin dose that is determined |
3 | | based on a blood glucose test result. The authorized direct |
4 | | care staff shall not: (i) calculate the insulin dosage needed |
5 | | when the dose is dependent upon a blood glucose test result, or |
6 | | (ii) administer insulin to individuals who require blood |
7 | | glucose monitoring greater than 3 times daily, unless directed |
8 | | to do so by the registered nurse. |
9 | | "Nurse-trainer training program" means a standardized, |
10 | | competency-based
medication administration train-the-trainer |
11 | | program provided by the
Department of Human Services and |
12 | | conducted by a Department of Human
Services master |
13 | | nurse-trainer for the purpose of training nurse-trainers to
|
14 | | train persons employed or under contract to provide direct care |
15 | | or
treatment to individuals receiving services to administer
|
16 | | medications and provide self-administration of medication |
17 | | training to
individuals under the supervision and monitoring of |
18 | | the nurse-trainer. The
program incorporates adult learning |
19 | | styles, teaching strategies, classroom
management, and a |
20 | | curriculum overview, including the ethical and legal
aspects of |
21 | | supervising those administering medications.
|
22 | | "Self-administration of medications" means an individual |
23 | | administers
his or her own medications. To be considered |
24 | | capable to self-administer
their own medication, individuals |
25 | | must, at a minimum, be able to identify
their medication by |
26 | | size, shape, or color, know when they should take
the |
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1 | | medication, and know the amount of medication to be taken each |
2 | | time.
|
3 | | "Training program" means a standardized medication |
4 | | administration
training program approved by the Department of |
5 | | Human Services and
conducted by a registered professional nurse |
6 | | for the purpose of training
persons employed or under contract |
7 | | to provide direct care or treatment to
individuals receiving |
8 | | services to administer medications
and provide |
9 | | self-administration of medication training to individuals |
10 | | under
the delegation and supervision of a nurse-trainer. The |
11 | | program incorporates
adult learning styles, teaching |
12 | | strategies, classroom management,
curriculum overview, |
13 | | including ethical-legal aspects, and standardized
|
14 | | competency-based evaluations on administration of medications |
15 | | and
self-administration of medication training programs.
|
16 | | (c) Training and authorization of non-licensed direct care |
17 | | staff by
nurse-trainers must meet the requirements of this |
18 | | subsection.
|
19 | | (1) Prior to training non-licensed direct care staff to |
20 | | administer
medication, the nurse-trainer shall perform the |
21 | | following for each
individual to whom medication will be |
22 | | administered by non-licensed
direct care staff:
|
23 | | (A) An assessment of the individual's health |
24 | | history and
physical and mental status.
|
25 | | (B) An evaluation of the medications prescribed.
|
26 | | (2) Non-licensed authorized direct care staff shall |
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1 | | meet the
following criteria:
|
2 | | (A) Be 18 years of age or older.
|
3 | | (B) Have completed high school or have a high |
4 | | school equivalency certificate.
|
5 | | (C) Have demonstrated functional literacy.
|
6 | | (D) Have satisfactorily completed the Health and |
7 | | Safety
component of a Department of Human Services |
8 | | authorized
direct care staff training program.
|
9 | | (E) Have successfully completed the training |
10 | | program,
pass the written portion of the comprehensive |
11 | | exam, and score
100% on the competency-based |
12 | | assessment specific to the
individual and his or her |
13 | | medications.
|
14 | | (F) Have received additional competency-based |
15 | | assessment
by the nurse-trainer as deemed necessary by |
16 | | the nurse-trainer
whenever a change of medication |
17 | | occurs or a new individual
that requires medication |
18 | | administration enters the program.
|
19 | | (3) Authorized direct care staff shall be re-evaluated |
20 | | by a
nurse-trainer at least annually or more frequently at |
21 | | the discretion of
the registered professional nurse. Any |
22 | | necessary retraining shall be
to the extent that is |
23 | | necessary to ensure competency of the authorized
direct |
24 | | care staff to administer medication.
|
25 | | (4) Authorization of direct care staff to administer |
26 | | medication
shall be revoked if, in the opinion of the |
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1 | | registered professional nurse,
the authorized direct care |
2 | | staff is no longer competent to administer
medication.
|
3 | | (5) The registered professional nurse shall assess an
|
4 | | individual's health status at least annually or more |
5 | | frequently at the
discretion of the registered |
6 | | professional nurse.
|
7 | | (d) Medication self-administration shall meet the |
8 | | following
requirements:
|
9 | | (1) As part of the normalization process, in order for |
10 | | each
individual to attain the highest possible level of |
11 | | independent
functioning, all individuals shall be |
12 | | permitted to participate in their
total health care |
13 | | program. This program shall include, but not be
limited to, |
14 | | individual training in preventive health and |
15 | | self-medication
procedures.
|
16 | | (A) Every program shall adopt written policies and
|
17 | | procedures for assisting individuals in obtaining |
18 | | preventative
health and self-medication skills in |
19 | | consultation with a
registered professional nurse, |
20 | | advanced practice registered nurse,
physician |
21 | | assistant, or physician licensed to practice medicine
|
22 | | in all its branches.
|
23 | | (B) Individuals shall be evaluated to determine |
24 | | their
ability to self-medicate by the nurse-trainer |
25 | | through the use of
the Department's required, |
26 | | standardized screening and assessment
instruments.
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1 | | (C) When the results of the screening and |
2 | | assessment
indicate an individual not to be capable to |
3 | | self-administer his or her
own medications, programs |
4 | | shall be developed in consultation
with the Community |
5 | | Support Team or Interdisciplinary
Team to provide |
6 | | individuals with self-medication
administration.
|
7 | | (2) Each individual shall be presumed to be competent |
8 | | to self-administer
medications if:
|
9 | | (A) authorized by an order of a physician licensed |
10 | | to
practice medicine in all its branches, an advanced |
11 | | practice registered nurse, or a physician assistant; |
12 | | and
|
13 | | (B) approved to self-administer medication by the
|
14 | | individual's Community Support Team or
|
15 | | Interdisciplinary Team, which includes a registered
|
16 | | professional nurse or an advanced practice registered |
17 | | nurse.
|
18 | | (e) Quality Assurance.
|
19 | | (1) A registered professional nurse, advanced practice |
20 | | registered nurse,
licensed practical nurse, physician |
21 | | licensed to practice medicine in all
its branches, |
22 | | physician assistant, or pharmacist shall review the
|
23 | | following for all individuals:
|
24 | | (A) Medication orders.
|
25 | | (B) Medication labels, including medications |
26 | | listed on
the medication administration record for |
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1 | | persons who are not
self-medicating to ensure the |
2 | | labels match the orders issued by
the physician |
3 | | licensed to practice medicine in all its branches,
|
4 | | advanced practice registered nurse, or physician |
5 | | assistant.
|
6 | | (C) Medication administration records for persons |
7 | | who
are not self-medicating to ensure that the records |
8 | | are completed
appropriately for:
|
9 | | (i) medication administered as prescribed;
|
10 | | (ii) refusal by the individual; and
|
11 | | (iii) full signatures provided for all |
12 | | initials used.
|
13 | | (2) Reviews shall occur at least quarterly, but may be |
14 | | done
more frequently at the discretion of the registered |
15 | | professional nurse
or advanced practice registered nurse.
|
16 | | (3) A quality assurance review of medication errors and |
17 | | data
collection for the purpose of monitoring and |
18 | | recommending
corrective action shall be conducted within 7 |
19 | | days and included in the
required annual review.
|
20 | | (f) Programs using authorized direct care
staff to |
21 | | administer medications are responsible for documenting and |
22 | | maintaining
records
on the training that is completed.
|
23 | | (g) The absence of this training program constitutes a |
24 | | threat to the
public interest,
safety, and welfare and |
25 | | necessitates emergency rulemaking by
the Departments of Human |
26 | | Services and
Public Health
under Section 5-45
of
the
Illinois |
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1 | | Administrative Procedure Act.
|
2 | | (h) Direct care staff who fail to qualify for delegated |
3 | | authority to
administer medications pursuant to the provisions |
4 | | of this Section shall be
given
additional education and testing |
5 | | to meet criteria for
delegation authority to administer |
6 | | medications.
Any direct care staff person who fails to qualify |
7 | | as an authorized direct care
staff
after initial training and |
8 | | testing must within 3 months be given another
opportunity for |
9 | | retraining and retesting. A direct care staff person who fails
|
10 | | to
meet criteria for delegated authority to administer |
11 | | medication, including, but
not limited to, failure of the |
12 | | written test on 2 occasions shall be given
consideration for |
13 | | shift transfer or reassignment, if possible. No employee
shall |
14 | | be terminated for failure to qualify during the 3-month time |
15 | | period
following initial testing. Refusal to complete training |
16 | | and testing required
by this Section may be grounds for |
17 | | immediate dismissal.
|
18 | | (i) No authorized direct care staff person delegated to |
19 | | administer
medication shall be subject to suspension or |
20 | | discharge for errors
resulting from the staff
person's acts or |
21 | | omissions when performing the functions unless the staff
|
22 | | person's actions or omissions constitute willful and wanton |
23 | | conduct.
Nothing in this subsection is intended to supersede |
24 | | paragraph (4) of subsection
(c).
|
25 | | (j) A registered professional nurse, advanced practice |
26 | | registered nurse,
physician licensed to practice medicine in |
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1 | | all its branches, or physician
assistant shall be on
duty or
on |
2 | | call at all times in any program covered by this Section.
|
3 | | (k) The employer shall be responsible for maintaining |
4 | | liability insurance
for any program covered by this Section.
|
5 | | (l) Any direct care staff person who qualifies as |
6 | | authorized direct care
staff pursuant to this Section shall be |
7 | | granted consideration for a one-time
additional
salary |
8 | | differential. The Department shall determine and provide the |
9 | | necessary
funding for
the differential in the base. This |
10 | | subsection (l) is inoperative on and after
June 30, 2000.
|
11 | | (Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; 99-78, |
12 | | eff. 7-20-15; 99-143, eff. 7-27-15; 99-581, eff. 1-1-17 .)
|
13 | | Section 45. The Department of Professional Regulation Law |
14 | | of the
Civil Administrative Code of Illinois is amended by |
15 | | changing Section 2105-17 as follows: |
16 | | (20 ILCS 2105/2105-17) |
17 | | Sec. 2105-17. Volunteer licenses. |
18 | | (a) For the purposes of this Section: |
19 | | "Health care professional" means a physician licensed |
20 | | under the Medical Practice Act of 1987, a dentist licensed |
21 | | under the Illinois Dental Practice Act, an optometrist licensed |
22 | | under the Illinois Optometric Practice Act of 1987, a physician |
23 | | assistant licensed under the Physician Assistant Practice Act |
24 | | of 1987, and a nurse or advanced practice registered nurse |
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1 | | licensed under the Nurse Practice Act. The Department may |
2 | | expand this definition by rule. |
3 | | "Volunteer practice" means the practice of a licensed |
4 | | health care professional for the benefit of an individual or |
5 | | the public and without compensation for the health care |
6 | | services provided. |
7 | | (b) The Department may grant a volunteer license to a |
8 | | health care professional who: |
9 | | (1) meets all requirements of the State licensing Act |
10 | | that applies to his or her health care profession and the |
11 | | rules adopted under the Act; and |
12 | | (2) agrees to engage in the volunteer practice of his |
13 | | or her health care profession in a free medical clinic, as |
14 | | defined in the Good Samaritan Act, or in a public health |
15 | | clinic, as defined in Section 6-101 of the Local |
16 | | Governmental and Governmental Employees Tort Immunities |
17 | | Act, and to not practice for compensation. |
18 | | (c) A volunteer license shall be granted in accordance with |
19 | | the licensing Act that applies to the health care |
20 | | professional's given health care profession, and the licensure |
21 | | fee shall be set by rule in accordance with subsection (f). |
22 | | (d) No health care professional shall hold a non-volunteer |
23 | | license in a health care profession and a volunteer license in |
24 | | that profession at the same time. In the event that the health |
25 | | care professional obtains a volunteer license in the profession |
26 | | for which he or she holds a non-volunteer license, that |
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1 | | non-volunteer license shall automatically be placed in |
2 | | inactive status. In the event that a health care professional |
3 | | obtains a non-volunteer license in the profession for which he |
4 | | or she holds a volunteer license, the volunteer license shall |
5 | | be placed in inactive status. Practicing on an expired |
6 | | volunteer license constitutes the unlicensed practice of the |
7 | | health care professional's profession. |
8 | | (e) Nothing in this Section shall be construed to waive or |
9 | | modify any statute, rule, or regulation concerning the |
10 | | licensure or practice of any health care profession. A health |
11 | | care professional who holds a volunteer license shall be |
12 | | subject to all statutes, rules, and regulations governing his |
13 | | or her profession. The Department shall waive the licensure fee |
14 | | for the first 500 volunteer licenses issued and may by rule |
15 | | provide for a fee waiver or fee reduction that shall apply to |
16 | | all licenses issued after the initial 500. |
17 | | (f) The Department shall determine by rule the total number |
18 | | of volunteer licenses to be issued. The Department shall file |
19 | | proposed rules implementing this Section within 6 months after |
20 | | the effective date of this amendatory Act of the 98th General |
21 | | Assembly.
|
22 | | (Source: P.A. 98-659, eff. 6-23-14.) |
23 | | Section 50. The Department of Public Health Act is amended |
24 | | by changing Sections 7 and 8.2 as follows:
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1 | | (20 ILCS 2305/7) (from Ch. 111 1/2, par. 22.05)
|
2 | | Sec. 7. The Illinois Department of Public Health shall |
3 | | adopt rules
requiring that upon death of a person who had or is |
4 | | suspected of having an
infectious or communicable disease that |
5 | | could be transmitted through
contact with the person's body or |
6 | | bodily fluids, the body shall be labeled
"Infection Hazard", or |
7 | | with an equivalent term to inform persons having
subsequent |
8 | | contact with the body, including any funeral director or
|
9 | | embalmer, to take suitable precautions. Such rules shall |
10 | | require that the
label shall be prominently displayed on and |
11 | | affixed to the outer wrapping
or covering of the body if the |
12 | | body is wrapped or covered in any manner.
Responsibility for |
13 | | such labeling shall lie with the attending physician, advanced |
14 | | practice registered nurse, or physician assistant who
|
15 | | certifies death, or if the death occurs in a health care |
16 | | facility, with
such staff member as may be designated by the |
17 | | administrator of the facility. The Department may adopt rules |
18 | | providing for the safe disposal of human remains. To the extent |
19 | | feasible without endangering the public's health, the |
20 | | Department shall respect and accommodate the religious beliefs |
21 | | of individuals in implementing this Section.
|
22 | | (Source: P.A. 99-581, eff. 1-1-17 .)
|
23 | | (20 ILCS 2305/8.2)
|
24 | | Sec. 8.2. Osteoporosis Prevention and Education Program.
|
25 | | (a) The Department of Public Health, utilizing available |
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1 | | federal funds,
State funds appropriated for that
purpose, or |
2 | | other available funding as provided for in this Section,
shall |
3 | | establish, promote, and maintain
an Osteoporosis Prevention |
4 | | and Education Program to promote public awareness of
the causes |
5 | | of osteoporosis, options for prevention, the value of early
|
6 | | detection, and possible treatments (including the benefits and |
7 | | risks of those
treatments). The Department may accept, for that |
8 | | purpose, any special grant of
money, services, or property from |
9 | | the federal government or any of its agencies
or from any |
10 | | foundation, organization, or medical school.
|
11 | | (b) The program shall include the following:
|
12 | | (1) Development of a public education and outreach |
13 | | campaign to promote
osteoporosis prevention and education, |
14 | | including, but not limited to, the
following subjects:
|
15 | | (A) The cause and nature of the disease.
|
16 | | (B) Risk factors.
|
17 | | (C) The role of hysterectomy.
|
18 | | (D) Prevention of osteoporosis, including |
19 | | nutrition, diet, and physical
exercise.
|
20 | | (E) Diagnostic procedures and appropriate |
21 | | indications for their use.
|
22 | | (F) Hormone replacement, including benefits and |
23 | | risks.
|
24 | | (G) Environmental safety and injury prevention.
|
25 | | (H) Availability of osteoporosis diagnostic |
26 | | treatment services in the
community.
|
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1 | | (2) Development of educational materials to be made |
2 | | available for
consumers, particularly targeted to |
3 | | high-risk groups, through local health
departments, local |
4 | | physicians, advanced practice registered nurses, or |
5 | | physician assistants, other providers (including, but not |
6 | | limited to,
health maintenance organizations, hospitals, |
7 | | and clinics), and women's
organizations.
|
8 | | (3) Development of professional education programs for |
9 | | health care
providers to assist them in understanding |
10 | | research findings and the subjects
set forth in paragraph |
11 | | (1).
|
12 | | (4) Development and maintenance of a list of current |
13 | | providers of
specialized services for the prevention and |
14 | | treatment of osteoporosis.
Dissemination of the list shall |
15 | | be accompanied by a description of diagnostic
procedures, |
16 | | appropriate indications for their use, and a cautionary |
17 | | statement
about the current status of osteoporosis |
18 | | research, prevention, and treatment.
The statement shall |
19 | | also indicate that the Department does not license,
|
20 | | certify, or in any other way approve osteoporosis programs |
21 | | or centers in this
State.
|
22 | | (c) The State Board of Health shall serve as an advisory |
23 | | board to the
Department with specific respect to the prevention |
24 | | and education activities
related to osteoporosis described in |
25 | | this Section. The State Board of Health
shall assist the |
26 | | Department in implementing this Section.
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1 | | (Source: P.A. 99-581, eff. 1-1-17 .)
|
2 | | Section 55. The Department of Public Health Powers and |
3 | | Duties Law of the
Civil Administrative Code of Illinois is |
4 | | amended by changing Sections 2310-145, 2310-397, 2310-410, |
5 | | 2310-600, 2310-677, and 2310-690 as follows: |
6 | | (20 ILCS 2310/2310-145)
|
7 | | Sec. 2310-145. Registry of health care professionals. The |
8 | | Department of Public Health shall
maintain a registry of all |
9 | | active-status health care professionals,
including nurses, |
10 | | nurse practitioners, advanced practice registered nurses, |
11 | | physicians,
physician assistants, psychologists,
professional |
12 | | counselors, clinical professional counselors, and pharmacists. |
13 | | The registry must consist of information shared between the |
14 | | Department of Public Health and the Department of Financial and |
15 | | Professional Regulation via a secure communication link. The |
16 | | registry must be updated on a quarterly basis. |
17 | | The
registry shall be accessed in the event of an act of |
18 | | bioterrorism or other
public health emergency or for the |
19 | | planning for the possibility of such an event.
|
20 | | (Source: P.A. 96-377, eff. 1-1-10.)
|
21 | | (20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90)
|
22 | | Sec. 2310-397. Prostate and testicular cancer program.
|
23 | | (a) The Department, subject to appropriation or other
|
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1 | | available funding, shall conduct a program to promote awareness |
2 | | and early
detection of prostate and testicular cancer. The |
3 | | program may include, but
need not be limited to:
|
4 | | (1) Dissemination of information regarding the |
5 | | incidence of prostate and
testicular cancer, the risk |
6 | | factors associated with prostate and testicular
cancer, |
7 | | and the benefits of early detection and treatment.
|
8 | | (2) Promotion of information and counseling about |
9 | | treatment options.
|
10 | | (3) Establishment and promotion of referral services |
11 | | and screening
programs.
|
12 | | Beginning July 1, 2004, the program must include the |
13 | | development and
dissemination, through print and broadcast |
14 | | media, of public service
announcements that publicize the |
15 | | importance of prostate cancer screening for
men over age 40.
|
16 | | (b) Subject to appropriation or other available funding,
a |
17 | | Prostate Cancer Screening Program shall be
established in the |
18 | | Department of Public Health.
|
19 | | (1) The Program shall apply to the following persons |
20 | | and entities:
|
21 | | (A) uninsured and underinsured men 50 years of age |
22 | | and older;
|
23 | | (B) uninsured and underinsured
men between 40 and |
24 | | 50 years of age who are at high
risk for prostate |
25 | | cancer, upon the advice of a physician, advanced |
26 | | practice registered nurse, or physician assistant or |
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1 | | upon the
request of the patient; and
|
2 | | (C) non-profit organizations providing assistance |
3 | | to persons described
in subparagraphs (A) and (B).
|
4 | | (2) Any entity funded by the Program shall coordinate |
5 | | with other
local providers of prostate cancer screening, |
6 | | diagnostic, follow-up,
education, and advocacy services to |
7 | | avoid duplication of effort. Any
entity funded by the |
8 | | Program shall comply with any applicable State
and federal |
9 | | standards regarding prostate cancer screening.
|
10 | | (3) Administrative costs of the Department shall not |
11 | | exceed 10%
of the funds allocated to the Program. Indirect |
12 | | costs of the
entities funded by this Program shall not |
13 | | exceed 12%. The
Department shall define "indirect costs" in |
14 | | accordance with
applicable State and federal law.
|
15 | | (4) Any entity funded by the Program shall collect data |
16 | | and
maintain records that are determined by the Department |
17 | | to be
necessary to facilitate the Department's ability to |
18 | | monitor and
evaluate the effectiveness of the entities and |
19 | | the Program.
Commencing with the Program's second year of |
20 | | operation, the
Department shall submit an Annual Report to |
21 | | the General Assembly and
the Governor. The report shall |
22 | | describe the activities
and effectiveness of the Program |
23 | | and shall include, but not be
limited to, the following |
24 | | types of information regarding those served
by the Program:
|
25 | | (A) the number; and
|
26 | | (B) the ethnic, geographic, and age breakdown.
|
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1 | | (5) The Department or any entity funded by the Program |
2 | | shall
collect personal and medical information necessary |
3 | | to administer the
Program from any individual applying for |
4 | | services under the Program.
The information shall be |
5 | | confidential and shall not be disclosed
other than for |
6 | | purposes directly connected with the administration of
the |
7 | | Program or except as otherwise provided by law or pursuant |
8 | | to
prior written consent of the subject of the information.
|
9 | | (6) The Department or any entity funded by the program |
10 | | may
disclose the confidential information to medical |
11 | | personnel and fiscal
intermediaries of the State to the |
12 | | extent necessary to administer
the Program, and to other |
13 | | State public health agencies or medical
researchers if the |
14 | | confidential information is necessary to carry out
the |
15 | | duties of those agencies or researchers in the |
16 | | investigation,
control, or surveillance of prostate |
17 | | cancer.
|
18 | | (c) The Department shall adopt rules to implement the |
19 | | Prostate Cancer
Screening Program in accordance with the |
20 | | Illinois Administrative
Procedure Act.
|
21 | | (Source: P.A. 98-87, eff. 1-1-14; 99-581, eff. 1-1-17 .)
|
22 | | (20 ILCS 2310/2310-410) (was 20 ILCS 2310/55.42)
|
23 | | Sec. 2310-410. Sickle cell disease. To conduct a public
|
24 | | information campaign for physicians, advanced practice |
25 | | registered nurses, physician assistants,
hospitals, health |
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1 | | facilities, public health departments, and the general
public |
2 | | on sickle cell disease, methods of care, and treatment
|
3 | | modalities available; to identify and catalogue sickle cell |
4 | | resources in
this State for distribution and referral purposes; |
5 | | and to coordinate
services with the established programs, |
6 | | including State, federal, and
voluntary groups.
|
7 | | (Source: P.A. 99-581, eff. 1-1-17 .)
|
8 | | (20 ILCS 2310/2310-600)
|
9 | | Sec. 2310-600. Advance directive information.
|
10 | | (a) The Department of Public Health shall prepare and |
11 | | publish the summary of
advance directives law, as required by |
12 | | the federal Patient
Self-Determination Act, and related forms. |
13 | | Publication may be limited to the World Wide Web. The summary |
14 | | required under this subsection (a) must include the Department |
15 | | of Public Health Uniform POLST form.
|
16 | | (b) The Department of Public Health shall publish
Spanish |
17 | | language
versions of the following:
|
18 | | (1) The statutory Living Will Declaration form.
|
19 | | (2) The Illinois Statutory Short Form Power of Attorney |
20 | | for Health Care.
|
21 | | (3) The statutory Declaration of Mental Health |
22 | | Treatment Form.
|
23 | | (4) The summary of advance directives law in Illinois.
|
24 | | (5) The Department of Public Health Uniform POLST form.
|
25 | | Publication may be limited to the World Wide Web.
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1 | | (b-5) In consultation with a statewide professional |
2 | | organization
representing
physicians licensed to practice |
3 | | medicine in all its branches, statewide
organizations |
4 | | representing physician assistants, advanced practice |
5 | | registered nurses, nursing homes, registered professional |
6 | | nurses, and emergency medical systems, and a statewide
|
7 | | organization
representing hospitals, the Department of Public |
8 | | Health shall develop and
publish a uniform
form for |
9 | | practitioner cardiopulmonary resuscitation (CPR) or |
10 | | life-sustaining treatment orders that may be utilized in all
|
11 | | settings. The form shall meet the published minimum |
12 | | requirements to nationally be considered a practitioner orders |
13 | | for life-sustaining treatment form, or POLST, and
may be |
14 | | referred to as the Department of Public Health Uniform POLST |
15 | | form. This form does not replace a physician's or other |
16 | | practitioner's authority to make a do-not-resuscitate (DNR) |
17 | | order.
|
18 | | (c) (Blank). |
19 | | (d) The Department of Public Health shall publish the |
20 | | Department of Public Health Uniform POLST form reflecting the |
21 | | changes made by this amendatory Act of the 98th General |
22 | | Assembly no later than January 1, 2015.
|
23 | | (Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16; |
24 | | 99-581, eff. 1-1-17 .)
|
25 | | (20 ILCS 2310/2310-677) |
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1 | | (Section scheduled to be repealed on June 30, 2019) |
2 | | Sec. 2310-677. Neonatal Abstinence Syndrome Advisory |
3 | | Committee. |
4 | | (a) As used in this Section: |
5 | | "Department" means the Department of Public Health. |
6 | | "Director" means the Director of Public Health. |
7 | | "Neonatal Abstinence Syndrome" or "NAS" means various |
8 | | adverse conditions that occur in a newborn infant who was |
9 | | exposed to addictive or prescription drugs while in the |
10 | | mother's womb. |
11 | | (b) There is created the Advisory Committee on Neonatal |
12 | | Abstinence Syndrome. The Advisory Committee shall consist of up |
13 | | to 10 members appointed by the Director of Public Health. The |
14 | | Director shall make the appointments within 90 days after the |
15 | | effective date of this amendatory Act of the 99th General |
16 | | Assembly. Members shall receive no compensation for their |
17 | | services. The members of the Advisory Committee shall represent |
18 | | different racial, ethnic, and geographic backgrounds and |
19 | | consist of: |
20 | | (1) at least one member representing a statewide |
21 | | association of hospitals; |
22 | | (2) at least one member representing a statewide |
23 | | organization of pediatricians; |
24 | | (3) at least one member representing a statewide |
25 | | organization of obstetricians; |
26 | | (4) at least one member representing a statewide |
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1 | | organization that advocates for the health of mothers and |
2 | | infants; |
3 | | (5) at least one member representing a statewide |
4 | | organization of licensed physicians; |
5 | | (6) at least one member who is a licensed practical |
6 | | nurse, registered professional nurse, or advanced practice |
7 | | registered nurse with expertise in the treatment of |
8 | | newborns in neonatal intensive care units; |
9 | | (7) at least one member representing a local or |
10 | | regional public health agency; and |
11 | | (8) at least one member with expertise in the treatment |
12 | | of drug dependency and addiction. |
13 | | (c) In addition to the membership in subsection (a) of this |
14 | | Section, the following persons or their designees shall serve |
15 | | as ex officio members of the Advisory Committee: the Director |
16 | | of Public Health, the Secretary of Human Services, the Director |
17 | | of Healthcare and Family Services, and the Director of Children |
18 | | and Family Services. The Director of Public Health, or his or |
19 | | her designee, shall serve as Chair of the Committee. |
20 | | (d) The Advisory Committee shall meet at the call of the |
21 | | Chair. The Committee shall meet at least 3 times each year and |
22 | | its initial meeting shall take place within 120 days after the |
23 | | effective date of this Act. The Advisory Committee shall advise |
24 | | and assist the Department to: |
25 | | (1) develop an appropriate standard clinical |
26 | | definition of "NAS"; |
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1 | | (2) develop a uniform process of identifying NAS; |
2 | | (3) develop protocols for training hospital personnel |
3 | | in implementing an appropriate and uniform process for |
4 | | identifying and treating NAS; |
5 | | (4) identify and develop options for reporting NAS data |
6 | | to the Department by using existing or new data reporting |
7 | | options; and |
8 | | (5) make recommendations to the Department on |
9 | | evidence-based guidelines and programs to improve the |
10 | | outcomes of pregnancies with respect to NAS. |
11 | | (e) The Advisory Committee shall provide an annual report |
12 | | of its activities and recommendations to the Director, the |
13 | | General Assembly, and the Governor by March 31 of each year |
14 | | beginning in 2016. The final report of the Advisory Committee |
15 | | shall be submitted by March 31, 2019. |
16 | | (f) This Section is repealed on June 30, 2019.
|
17 | | (Source: P.A. 99-320, eff. 8-7-15.) |
18 | | (20 ILCS 2310/2310-690) |
19 | | Sec. 2310-690. Cytomegalovirus public education. |
20 | | (a) In this Section: |
21 | | "CMV" means cytomegalovirus. |
22 | | "Health care professional and provider" means any |
23 | | physician, advanced practice registered nurse, physician |
24 | | assistant, hospital facility, or other
person that is |
25 | | licensed or otherwise authorized to deliver health care
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1 | | services. |
2 | | (b) The Department shall develop or approve and publish |
3 | | informational materials for women who may become pregnant, |
4 | | expectant parents, and parents of infants regarding: |
5 | | (1) the incidence of CMV; |
6 | | (2) the transmission of CMV to pregnant women and women |
7 | | who may become pregnant; |
8 | | (3) birth defects caused by congenital CMV; |
9 | | (4) methods of diagnosing congenital CMV; and |
10 | | (5) available preventive measures to avoid the |
11 | | infection of women who are pregnant or may become pregnant. |
12 | | (c) The Department shall publish the information required |
13 | | under subsection (b) on its Internet website. |
14 | | (d) The Department shall publish information to: |
15 | | (1) educate women who may become pregnant, expectant |
16 | | parents, and parents of infants about CMV; and |
17 | | (2) raise awareness of CMV among health care |
18 | | professionals and providers who provide care to expectant |
19 | | mothers or infants. |
20 | | (e) The Department may solicit and accept the assistance of |
21 | | any relevant health care professional associations or |
22 | | community resources, including faith-based resources, to |
23 | | promote education about CMV under this Section. |
24 | | (f) If a newborn infant fails the 2 initial hearing |
25 | | screenings in the hospital, then the hospital performing that |
26 | | screening shall provide to the parents of the newborn infant |
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1 | | information regarding: (i) birth defects caused by congenital |
2 | | CMV; (ii) testing opportunities and options for CMV, including |
3 | | the opportunity to test for CMV before leaving the hospital; |
4 | | and (iii) early intervention services. Health care |
5 | | professionals and providers may, but are not required to, use |
6 | | the materials developed by the Department for distribution to |
7 | | parents of newborn infants.
|
8 | | (Source: P.A. 99-424, eff. 1-1-16; 99-581, eff. 1-1-17; 99-642, |
9 | | eff. 7-28-26 .) |
10 | | Section 60. The Community Health Worker Advisory Board Act |
11 | | is amended by changing Section 10 as follows: |
12 | | (20 ILCS 2335/10) |
13 | | Sec. 10. Advisory Board. |
14 | | (a) There is created the Advisory Board on Community Health |
15 | | Workers. The Board shall consist of 16 members appointed by the |
16 | | Director of Public Health. The Director shall make the |
17 | | appointments to the Board within 90 days after the effective |
18 | | date of this Act. The members of the Board shall represent |
19 | | different racial and ethnic backgrounds and have the |
20 | | qualifications as follows: |
21 | | (1) four members who currently serve as community |
22 | | health workers in Cook County, one of whom shall have |
23 | | served as a health insurance marketplace navigator; |
24 | | (2) two members who currently serve as community health |
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1 | | workers in DuPage, Kane, Lake, or Will County; |
2 | | (3) one member who currently serves as a community |
3 | | health worker in Bond, Calhoun, Clinton, Jersey, Macoupin, |
4 | | Madison, Monroe, Montgomery, Randolph, St. Clair, or |
5 | | Washington County; |
6 | | (4) one member who currently serves as a community |
7 | | health worker in any other county in the State; |
8 | | (5) one member who is a physician licensed to practice |
9 | | medicine in Illinois; |
10 | | (6) one member who is a physician assistant; |
11 | | (7) one member who is a licensed nurse or advanced |
12 | | practice registered nurse; |
13 | | (8) one member who is a licensed social worker, |
14 | | counselor, or psychologist; |
15 | | (9) one member who currently employs community health |
16 | | workers; |
17 | | (10) one member who is a health policy advisor with |
18 | | experience in health workforce policy; |
19 | | (11) one member who is a public health professional |
20 | | with experience with community health policy; and |
21 | | (12) one representative of a community college, |
22 | | university, or educational institution that provides |
23 | | training to community health workers. |
24 | | (b) In addition, the following persons or their designees |
25 | | shall serve as ex officio, non-voting members of the Board: the |
26 | | Executive Director of the Illinois Community College Board, the |
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1 | | Director of Children and Family Services, the Director of |
2 | | Aging, the Director of Public Health, the Director of |
3 | | Employment Security, the Director of Commerce and Economic |
4 | | Opportunity, the Secretary of Financial and Professional |
5 | | Regulation, the Director of Healthcare and Family Services, and |
6 | | the Secretary of Human Services. |
7 | | (c) The voting members of the Board shall select a |
8 | | chairperson from the voting members of the Board. The Board |
9 | | shall consult with additional experts as needed. Members of the |
10 | | Board shall serve without compensation. The Department shall |
11 | | provide administrative and staff support to the Board. The |
12 | | meetings of the Board are subject to the provisions of the Open |
13 | | Meetings Act. |
14 | | (d) The Board shall consider the core competencies of a |
15 | | community health worker, including skills and areas of |
16 | | knowledge that are essential to bringing about expanded health |
17 | | and wellness in diverse communities and reducing health |
18 | | disparities. As relating to members of communities and health |
19 | | teams, the core competencies for effective community health |
20 | | workers may include, but are not limited to: |
21 | | (1) outreach methods and strategies; |
22 | | (2) client and community assessment; |
23 | | (3) effective community-based and participatory |
24 | | methods, including research; |
25 | | (4) culturally competent communication and care; |
26 | | (5) health education for behavior change; |
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1 | | (6) support, advocacy, and health system navigation |
2 | | for clients; |
3 | | (7) application of public health concepts and |
4 | | approaches; |
5 | | (8) individual and community capacity building and |
6 | | mobilization; and |
7 | | (9) writing, oral, technical, and communication |
8 | | skills.
|
9 | | (Source: P.A. 98-796, eff. 7-31-14; 99-581, eff. 1-1-17 .) |
10 | | Section 65. The Illinois Housing Development Act is amended |
11 | | by changing Section 7.30 as follows: |
12 | | (20 ILCS 3805/7.30) |
13 | | Sec. 7.30. Foreclosure Prevention Program. |
14 | | (a) The Authority shall establish and administer a |
15 | | Foreclosure Prevention Program. The Authority shall use moneys |
16 | | in the Foreclosure Prevention Program Fund, and any other funds |
17 | | appropriated for this purpose, to make grants to (i) approved |
18 | | counseling agencies for approved housing counseling and (ii) |
19 | | approved community-based organizations for approved |
20 | | foreclosure prevention outreach programs. The Authority shall |
21 | | promulgate rules to implement this Program and may adopt |
22 | | emergency rules as soon as practicable to begin implementation |
23 | | of the Program. |
24 | | (b) Subject to
appropriation and the annual receipt of |
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1 | | funds, the Authority shall make grants from the Foreclosure |
2 | | Prevention Program Fund derived from fees paid as specified in |
3 | | subsection (a) of Section 15-1504.1 of the Code of Civil |
4 | | Procedure as follows: |
5 | | (1) 25% of the moneys in the Fund shall be used to make |
6 | | grants to approved counseling agencies that provide |
7 | | services in Illinois outside of the City of Chicago. Grants |
8 | | shall be based upon the number of foreclosures filed in an |
9 | | approved counseling agency's service area, the capacity of |
10 | | the agency to provide foreclosure counseling services, and |
11 | | any other factors that the Authority deems appropriate. |
12 | | (2) 25% of the moneys in the Fund shall be distributed |
13 | | to the City of Chicago to make grants to approved |
14 | | counseling agencies located within the City of Chicago for |
15 | | approved housing counseling or to support foreclosure |
16 | | prevention counseling programs administered by the City of |
17 | | Chicago. |
18 | | (3) 25% of the moneys in the Fund shall be used to make |
19 | | grants to approved community-based organizations located |
20 | | outside of the City of Chicago for approved foreclosure |
21 | | prevention outreach programs. |
22 | | (4) 25% of the moneys in the Fund shall be used to make |
23 | | grants to approved community-based organizations located |
24 | | within the City of Chicago for approved foreclosure |
25 | | prevention outreach programs, with priority given to |
26 | | programs that provide door-to-door outreach. |
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1 | | (b-1) Subject to appropriation and the annual receipt of |
2 | | funds, the Authority shall make grants from the Foreclosure |
3 | | Prevention Program Graduated Fund derived from fees paid as |
4 | | specified in paragraph (1) of subsection (a-5) of Section |
5 | | 15-1504.1 of the Code of Civil Procedure, as follows: |
6 | | (1) 30% shall be used to make grants for approved |
7 | | housing counseling in Cook County outside of the City of |
8 | | Chicago; |
9 | | (2) 25% shall be used to make grants for approved |
10 | | housing counseling in the City of Chicago; |
11 | | (3) 30% shall be used to make grants for approved |
12 | | housing counseling in DuPage, Kane, Lake, McHenry, and Will |
13 | | Counties; and |
14 | | (4) 15% shall be used to make grants for approved |
15 | | housing counseling in Illinois in counties other than Cook, |
16 | | DuPage, Kane, Lake, McHenry, and Will Counties provided |
17 | | that grants to provide approved housing counseling to |
18 | | borrowers residing within these counties shall be based, to |
19 | | the extent practicable, (i) proportionately on the amount |
20 | | of fees paid to the respective clerks of the courts within |
21 | | these counties and (ii) on any other factors that the |
22 | | Authority deems appropriate. |
23 | | The percentages set forth in this subsection (b-1) shall be |
24 | | calculated after deduction of reimbursable administrative |
25 | | expenses incurred by the Authority, but shall not be greater |
26 | | than 4% of the annual appropriated amount. |
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1 | | (b-5) As used in this Section: |
2 | | "Approved community-based organization" means a |
3 | | not-for-profit entity that provides educational and financial |
4 | | information to residents of a community through in-person |
5 | | contact. "Approved community-based organization" does not |
6 | | include a not-for-profit corporation or other entity or person |
7 | | that provides legal representation or advice in a civil |
8 | | proceeding or court-sponsored mediation services, or a |
9 | | governmental agency. |
10 | | "Approved foreclosure prevention outreach program" means a |
11 | | program developed by an approved community-based organization |
12 | | that includes in-person contact with residents to provide (i) |
13 | | pre-purchase and post-purchase home ownership counseling, (ii) |
14 | | education about the foreclosure process and the options of a |
15 | | mortgagor in a foreclosure proceeding, and (iii) programs |
16 | | developed by an approved community-based organization in |
17 | | conjunction with a State or federally chartered financial |
18 | | institution. |
19 | | "Approved counseling agency" means a housing counseling |
20 | | agency approved by the U.S. Department of Housing and Urban |
21 | | Development. |
22 | | "Approved housing counseling" means in-person counseling |
23 | | provided by a counselor employed by an approved counseling |
24 | | agency to all borrowers, or documented telephone counseling |
25 | | where a hardship would be imposed on one or more borrowers. A |
26 | | hardship shall exist in instances in which the borrower is |
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1 | | confined to his or her home due to a medical condition, as |
2 | | verified in writing by a physician, advanced practice |
3 | | registered nurse, or physician assistant, or the borrower |
4 | | resides 50 miles or more from the nearest approved counseling |
5 | | agency. In instances of telephone counseling, the borrower must |
6 | | supply all necessary documents to the counselor at least 72 |
7 | | hours prior to the scheduled telephone counseling session. |
8 | | (c) (Blank).
|
9 | | (c-5) Where the jurisdiction of an approved counseling |
10 | | agency is included within more than one of the geographic areas |
11 | | set forth in this Section, the Authority may elect to fully |
12 | | fund the applicant from one of the relevant geographic areas. |
13 | | (Source: P.A. 98-20, eff. 6-11-13; 99-581, eff. 1-1-17 .) |
14 | | Section 70. The Property Tax Code is amended by changing |
15 | | Sections 15-168 and 15-172 as follows: |
16 | | (35 ILCS 200/15-168) |
17 | | Sec. 15-168. Homestead exemption for persons with |
18 | | disabilities. |
19 | | (a) Beginning with taxable year 2007, an
annual homestead |
20 | | exemption is granted to persons with disabilities in
the amount |
21 | | of $2,000, except as provided in subsection (c), to
be deducted |
22 | | from the property's value as equalized or assessed
by the |
23 | | Department of Revenue. The person with a disability shall |
24 | | receive
the homestead exemption upon meeting the following
|
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1 | | requirements: |
2 | | (1) The property must be occupied as the primary |
3 | | residence by the person with a disability. |
4 | | (2) The person with a disability must be liable for |
5 | | paying the
real estate taxes on the property. |
6 | | (3) The person with a disability must be an owner of |
7 | | record of
the property or have a legal or equitable |
8 | | interest in the
property as evidenced by a written |
9 | | instrument. In the case
of a leasehold interest in |
10 | | property, the lease must be for
a single family residence. |
11 | | A person who has a disability during the taxable year
is |
12 | | eligible to apply for this homestead exemption during that
|
13 | | taxable year. Application must be made during the
application |
14 | | period in effect for the county of residence. If a
homestead |
15 | | exemption has been granted under this Section and the
person |
16 | | awarded the exemption subsequently becomes a resident of
a |
17 | | facility licensed under the Nursing Home Care Act, the |
18 | | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD |
19 | | Community Care Act, or the MC/DD Act, then the
exemption shall |
20 | | continue (i) so long as the residence continues
to be occupied |
21 | | by the qualifying person's spouse or (ii) if the
residence |
22 | | remains unoccupied but is still owned by the person
qualified |
23 | | for the homestead exemption. |
24 | | (b) For the purposes of this Section, "person with a |
25 | | disability"
means a person unable to engage in any substantial |
26 | | gainful activity by reason of a medically determinable physical |
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1 | | or mental impairment which can be expected to result in death |
2 | | or has lasted or can be expected to last for a continuous |
3 | | period of not less than 12 months. Persons with disabilities |
4 | | filing claims under this Act shall submit proof of disability |
5 | | in such form and manner as the Department shall by rule and |
6 | | regulation prescribe. Proof that a claimant is eligible to |
7 | | receive disability benefits under the Federal Social Security |
8 | | Act shall constitute proof of disability for purposes of this |
9 | | Act. Issuance of an Illinois Person with a Disability |
10 | | Identification Card stating that the claimant is under a Class |
11 | | 2 disability, as defined in Section 4A of the Illinois |
12 | | Identification Card Act, shall constitute proof that the person |
13 | | named thereon is a person with a disability for purposes of |
14 | | this Act. A person with a disability not covered under the |
15 | | Federal Social Security Act and not presenting an Illinois |
16 | | Person with a Disability Identification Card stating that the |
17 | | claimant is under a Class 2 disability shall be examined by a |
18 | | physician, advanced practice registered nurse, or physician |
19 | | assistant designated by the Department, and his status as a |
20 | | person with a disability determined using the same standards as |
21 | | used by the Social Security Administration. The costs of any |
22 | | required examination shall be borne by the claimant. |
23 | | (c) For land improved with (i) an apartment building owned
|
24 | | and operated as a cooperative or (ii) a life care facility as
|
25 | | defined under Section 2 of the Life Care Facilities Act that is
|
26 | | considered to be a cooperative, the maximum reduction from the
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1 | | value of the property, as equalized or assessed by the
|
2 | | Department, shall be multiplied by the number of apartments or
|
3 | | units occupied by a person with a disability. The person with a |
4 | | disability shall
receive the homestead exemption upon meeting |
5 | | the following
requirements: |
6 | | (1) The property must be occupied as the primary |
7 | | residence by the
person with a disability. |
8 | | (2) The person with a disability must be liable by |
9 | | contract with
the owner or owners of record for paying the |
10 | | apportioned
property taxes on the property of the |
11 | | cooperative or life
care facility. In the case of a life |
12 | | care facility, the
person with a disability must be liable |
13 | | for paying the apportioned
property taxes under a life care |
14 | | contract as defined in Section 2 of the Life Care |
15 | | Facilities Act. |
16 | | (3) The person with a disability must be an owner of |
17 | | record of a
legal or equitable interest in the cooperative |
18 | | apartment
building. A leasehold interest does not meet this
|
19 | | requirement.
|
20 | | If a homestead exemption is granted under this subsection, the
|
21 | | cooperative association or management firm shall credit the
|
22 | | savings resulting from the exemption to the apportioned tax
|
23 | | liability of the qualifying person with a disability. The chief |
24 | | county
assessment officer may request reasonable proof that the
|
25 | | association or firm has properly credited the exemption. A
|
26 | | person who willfully refuses to credit an exemption to the
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1 | | qualified person with a disability is guilty of a Class B |
2 | | misdemeanor.
|
3 | | (d) The chief county assessment officer shall determine the
|
4 | | eligibility of property to receive the homestead exemption
|
5 | | according to guidelines established by the Department. After a
|
6 | | person has received an exemption under this Section, an annual
|
7 | | verification of eligibility for the exemption shall be mailed
|
8 | | to the taxpayer. |
9 | | In counties with fewer than 3,000,000 inhabitants, the |
10 | | chief county assessment officer shall provide to each
person |
11 | | granted a homestead exemption under this Section a form
to |
12 | | designate any other person to receive a duplicate of any
notice |
13 | | of delinquency in the payment of taxes assessed and
levied |
14 | | under this Code on the person's qualifying property. The
|
15 | | duplicate notice shall be in addition to the notice required to
|
16 | | be provided to the person receiving the exemption and shall be |
17 | | given in the manner required by this Code. The person filing
|
18 | | the request for the duplicate notice shall pay an
|
19 | | administrative fee of $5 to the chief county assessment
|
20 | | officer. The assessment officer shall then file the executed
|
21 | | designation with the county collector, who shall issue the
|
22 | | duplicate notices as indicated by the designation. A
|
23 | | designation may be rescinded by the person with a disability in |
24 | | the
manner required by the chief county assessment officer. |
25 | | (e) A taxpayer who claims an exemption under Section 15-165 |
26 | | or 15-169 may not claim an exemption under this Section.
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1 | | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; |
2 | | 99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff. |
3 | | 7-28-16 .)
|
4 | | (35 ILCS 200/15-172)
|
5 | | Sec. 15-172. Senior Citizens Assessment Freeze Homestead |
6 | | Exemption.
|
7 | | (a) This Section may be cited as the Senior Citizens |
8 | | Assessment
Freeze Homestead Exemption.
|
9 | | (b) As used in this Section:
|
10 | | "Applicant" means an individual who has filed an |
11 | | application under this
Section.
|
12 | | "Base amount" means the base year equalized assessed value |
13 | | of the residence
plus the first year's equalized assessed value |
14 | | of any added improvements which
increased the assessed value of |
15 | | the residence after the base year.
|
16 | | "Base year" means the taxable year prior to the taxable |
17 | | year for which the
applicant first qualifies and applies for |
18 | | the exemption provided that in the
prior taxable year the |
19 | | property was improved with a permanent structure that
was |
20 | | occupied as a residence by the applicant who was liable for |
21 | | paying real
property taxes on the property and who was either |
22 | | (i) an owner of record of the
property or had legal or |
23 | | equitable interest in the property as evidenced by a
written |
24 | | instrument or (ii) had a legal or equitable interest as a |
25 | | lessee in the
parcel of property that was single family |
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1 | | residence.
If in any subsequent taxable year for which the |
2 | | applicant applies and
qualifies for the exemption the equalized |
3 | | assessed value of the residence is
less than the equalized |
4 | | assessed value in the existing base year
(provided that such |
5 | | equalized assessed value is not
based
on an
assessed value that |
6 | | results from a temporary irregularity in the property that
|
7 | | reduces the
assessed value for one or more taxable years), then |
8 | | that
subsequent taxable year shall become the base year until a |
9 | | new base year is
established under the terms of this paragraph. |
10 | | For taxable year 1999 only, the
Chief County Assessment Officer |
11 | | shall review (i) all taxable years for which
the
applicant |
12 | | applied and qualified for the exemption and (ii) the existing |
13 | | base
year.
The assessment officer shall select as the new base |
14 | | year the year with the
lowest equalized assessed value.
An |
15 | | equalized assessed value that is based on an assessed value |
16 | | that results
from a
temporary irregularity in the property that |
17 | | reduces the assessed value for one
or more
taxable years shall |
18 | | not be considered the lowest equalized assessed value.
The |
19 | | selected year shall be the base year for
taxable year 1999 and |
20 | | thereafter until a new base year is established under the
terms |
21 | | of this paragraph.
|
22 | | "Chief County Assessment Officer" means the County |
23 | | Assessor or Supervisor of
Assessments of the county in which |
24 | | the property is located.
|
25 | | "Equalized assessed value" means the assessed value as |
26 | | equalized by the
Illinois Department of Revenue.
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1 | | "Household" means the applicant, the spouse of the |
2 | | applicant, and all persons
using the residence of the applicant |
3 | | as their principal place of residence.
|
4 | | "Household income" means the combined income of the members |
5 | | of a household
for the calendar year preceding the taxable |
6 | | year.
|
7 | | "Income" has the same meaning as provided in Section 3.07 |
8 | | of the Senior
Citizens and Persons with Disabilities Property |
9 | | Tax Relief
Act, except that, beginning in assessment year 2001, |
10 | | "income" does not
include veteran's benefits.
|
11 | | "Internal Revenue Code of 1986" means the United States |
12 | | Internal Revenue Code
of 1986 or any successor law or laws |
13 | | relating to federal income taxes in effect
for the year |
14 | | preceding the taxable year.
|
15 | | "Life care facility that qualifies as a cooperative" means |
16 | | a facility as
defined in Section 2 of the Life Care Facilities |
17 | | Act.
|
18 | | "Maximum income limitation" means: |
19 | | (1) $35,000 prior
to taxable year 1999; |
20 | | (2) $40,000 in taxable years 1999 through 2003; |
21 | | (3) $45,000 in taxable years 2004 through 2005; |
22 | | (4) $50,000 in taxable years 2006 and 2007; and |
23 | | (5) $55,000 in taxable year 2008 and thereafter.
|
24 | | "Residence" means the principal dwelling place and |
25 | | appurtenant structures
used for residential purposes in this |
26 | | State occupied on January 1 of the
taxable year by a household |
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1 | | and so much of the surrounding land, constituting
the parcel |
2 | | upon which the dwelling place is situated, as is used for
|
3 | | residential purposes. If the Chief County Assessment Officer |
4 | | has established a
specific legal description for a portion of |
5 | | property constituting the
residence, then that portion of |
6 | | property shall be deemed the residence for the
purposes of this |
7 | | Section.
|
8 | | "Taxable year" means the calendar year during which ad |
9 | | valorem property taxes
payable in the next succeeding year are |
10 | | levied.
|
11 | | (c) Beginning in taxable year 1994, a senior citizens |
12 | | assessment freeze
homestead exemption is granted for real |
13 | | property that is improved with a
permanent structure that is |
14 | | occupied as a residence by an applicant who (i) is
65 years of |
15 | | age or older during the taxable year, (ii) has a household |
16 | | income that does not exceed the maximum income limitation, |
17 | | (iii) is liable for paying real property taxes on
the
property, |
18 | | and (iv) is an owner of record of the property or has a legal or
|
19 | | equitable interest in the property as evidenced by a written |
20 | | instrument. This
homestead exemption shall also apply to a |
21 | | leasehold interest in a parcel of
property improved with a |
22 | | permanent structure that is a single family residence
that is |
23 | | occupied as a residence by a person who (i) is 65 years of age |
24 | | or older
during the taxable year, (ii) has a household income |
25 | | that does not exceed the maximum income limitation,
(iii)
has a |
26 | | legal or equitable ownership interest in the property as |
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1 | | lessee, and (iv)
is liable for the payment of real property |
2 | | taxes on that property.
|
3 | | In counties of 3,000,000 or more inhabitants, the amount of |
4 | | the exemption for all taxable years is the equalized assessed |
5 | | value of the
residence in the taxable year for which |
6 | | application is made minus the base
amount. In all other |
7 | | counties, the amount of the exemption is as follows: (i) |
8 | | through taxable year 2005 and for taxable year 2007 and |
9 | | thereafter, the amount of this exemption shall be the equalized |
10 | | assessed value of the
residence in the taxable year for which |
11 | | application is made minus the base
amount; and (ii) for
taxable |
12 | | year 2006, the amount of the exemption is as follows:
|
13 | | (1) For an applicant who has a household income of |
14 | | $45,000 or less, the amount of the exemption is the |
15 | | equalized assessed value of the
residence in the taxable |
16 | | year for which application is made minus the base
amount. |
17 | | (2) For an applicant who has a household income |
18 | | exceeding $45,000 but not exceeding $46,250, the amount of |
19 | | the exemption is (i) the equalized assessed value of the
|
20 | | residence in the taxable year for which application is made |
21 | | minus the base
amount (ii) multiplied by 0.8. |
22 | | (3) For an applicant who has a household income |
23 | | exceeding $46,250 but not exceeding $47,500, the amount of |
24 | | the exemption is (i) the equalized assessed value of the
|
25 | | residence in the taxable year for which application is made |
26 | | minus the base
amount (ii) multiplied by 0.6. |
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1 | | (4) For an applicant who has a household income |
2 | | exceeding $47,500 but not exceeding $48,750, the amount of |
3 | | the exemption is (i) the equalized assessed value of the
|
4 | | residence in the taxable year for which application is made |
5 | | minus the base
amount (ii) multiplied by 0.4. |
6 | | (5) For an applicant who has a household income |
7 | | exceeding $48,750 but not exceeding $50,000, the amount of |
8 | | the exemption is (i) the equalized assessed value of the
|
9 | | residence in the taxable year for which application is made |
10 | | minus the base
amount (ii) multiplied by 0.2.
|
11 | | When the applicant is a surviving spouse of an applicant |
12 | | for a prior year for
the same residence for which an exemption |
13 | | under this Section has been granted,
the base year and base |
14 | | amount for that residence are the same as for the
applicant for |
15 | | the prior year.
|
16 | | Each year at the time the assessment books are certified to |
17 | | the County Clerk,
the Board of Review or Board of Appeals shall |
18 | | give to the County Clerk a list
of the assessed values of |
19 | | improvements on each parcel qualifying for this
exemption that |
20 | | were added after the base year for this parcel and that
|
21 | | increased the assessed value of the property.
|
22 | | In the case of land improved with an apartment building |
23 | | owned and operated as
a cooperative or a building that is a |
24 | | life care facility that qualifies as a
cooperative, the maximum |
25 | | reduction from the equalized assessed value of the
property is |
26 | | limited to the sum of the reductions calculated for each unit
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1 | | occupied as a residence by a person or persons (i) 65 years of |
2 | | age or older, (ii) with a
household income that does not exceed |
3 | | the maximum income limitation, (iii) who is liable, by contract |
4 | | with the
owner
or owners of record, for paying real property |
5 | | taxes on the property, and (iv) who is
an owner of record of a |
6 | | legal or equitable interest in the cooperative
apartment |
7 | | building, other than a leasehold interest. In the instance of a
|
8 | | cooperative where a homestead exemption has been granted under |
9 | | this Section,
the cooperative association or its management |
10 | | firm shall credit the savings
resulting from that exemption |
11 | | only to the apportioned tax liability of the
owner who |
12 | | qualified for the exemption. Any person who willfully refuses |
13 | | to
credit that savings to an owner who qualifies for the |
14 | | exemption is guilty of a
Class B misdemeanor.
|
15 | | When a homestead exemption has been granted under this |
16 | | Section and an
applicant then becomes a resident of a facility |
17 | | licensed under the Assisted Living and Shared Housing Act, the |
18 | | Nursing Home
Care Act, the Specialized Mental Health |
19 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
20 | | the MC/DD Act, the exemption shall be granted in subsequent |
21 | | years so long as the
residence (i) continues to be occupied by |
22 | | the qualified applicant's spouse or
(ii) if remaining |
23 | | unoccupied, is still owned by the qualified applicant for the
|
24 | | homestead exemption.
|
25 | | Beginning January 1, 1997, when an individual dies who |
26 | | would have qualified
for an exemption under this Section, and |
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1 | | the surviving spouse does not
independently qualify for this |
2 | | exemption because of age, the exemption under
this Section |
3 | | shall be granted to the surviving spouse for the taxable year
|
4 | | preceding and the taxable
year of the death, provided that, |
5 | | except for age, the surviving spouse meets
all
other |
6 | | qualifications for the granting of this exemption for those |
7 | | years.
|
8 | | When married persons maintain separate residences, the |
9 | | exemption provided for
in this Section may be claimed by only |
10 | | one of such persons and for only one
residence.
|
11 | | For taxable year 1994 only, in counties having less than |
12 | | 3,000,000
inhabitants, to receive the exemption, a person shall |
13 | | submit an application by
February 15, 1995 to the Chief County |
14 | | Assessment Officer
of the county in which the property is |
15 | | located. In counties having 3,000,000
or more inhabitants, for |
16 | | taxable year 1994 and all subsequent taxable years, to
receive |
17 | | the exemption, a person
may submit an application to the Chief |
18 | | County
Assessment Officer of the county in which the property |
19 | | is located during such
period as may be specified by the Chief |
20 | | County Assessment Officer. The Chief
County Assessment Officer |
21 | | in counties of 3,000,000 or more inhabitants shall
annually |
22 | | give notice of the application period by mail or by |
23 | | publication. In
counties having less than 3,000,000 |
24 | | inhabitants, beginning with taxable year
1995 and thereafter, |
25 | | to receive the exemption, a person
shall
submit an
application |
26 | | by July 1 of each taxable year to the Chief County Assessment
|
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1 | | Officer of the county in which the property is located. A |
2 | | county may, by
ordinance, establish a date for submission of |
3 | | applications that is
different than
July 1.
The applicant shall |
4 | | submit with the
application an affidavit of the applicant's |
5 | | total household income, age,
marital status (and if married the |
6 | | name and address of the applicant's spouse,
if known), and |
7 | | principal dwelling place of members of the household on January
|
8 | | 1 of the taxable year. The Department shall establish, by rule, |
9 | | a method for
verifying the accuracy of affidavits filed by |
10 | | applicants under this Section, and the Chief County Assessment |
11 | | Officer may conduct audits of any taxpayer claiming an |
12 | | exemption under this Section to verify that the taxpayer is |
13 | | eligible to receive the exemption. Each application shall |
14 | | contain or be verified by a written declaration that it is made |
15 | | under the penalties of perjury. A taxpayer's signing a |
16 | | fraudulent application under this Act is perjury, as defined in |
17 | | Section 32-2 of the Criminal Code of 2012.
The applications |
18 | | shall be clearly marked as applications for the Senior
Citizens |
19 | | Assessment Freeze Homestead Exemption and must contain a notice |
20 | | that any taxpayer who receives the exemption is subject to an |
21 | | audit by the Chief County Assessment Officer.
|
22 | | Notwithstanding any other provision to the contrary, in |
23 | | counties having fewer
than 3,000,000 inhabitants, if an |
24 | | applicant fails
to file the application required by this |
25 | | Section in a timely manner and this
failure to file is due to a |
26 | | mental or physical condition sufficiently severe so
as to |
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1 | | render the applicant incapable of filing the application in a |
2 | | timely
manner, the Chief County Assessment Officer may extend |
3 | | the filing deadline for
a period of 30 days after the applicant |
4 | | regains the capability to file the
application, but in no case |
5 | | may the filing deadline be extended beyond 3
months of the |
6 | | original filing deadline. In order to receive the extension
|
7 | | provided in this paragraph, the applicant shall provide the |
8 | | Chief County
Assessment Officer with a signed statement from |
9 | | the applicant's physician, advanced practice registered nurse, |
10 | | or physician assistant
stating the nature and extent of the |
11 | | condition, that, in the
physician's, advanced practice |
12 | | registered nurse's, or physician assistant's opinion, the |
13 | | condition was so severe that it rendered the applicant
|
14 | | incapable of filing the application in a timely manner, and the |
15 | | date on which
the applicant regained the capability to file the |
16 | | application.
|
17 | | Beginning January 1, 1998, notwithstanding any other |
18 | | provision to the
contrary, in counties having fewer than |
19 | | 3,000,000 inhabitants, if an applicant
fails to file the |
20 | | application required by this Section in a timely manner and
|
21 | | this failure to file is due to a mental or physical condition |
22 | | sufficiently
severe so as to render the applicant incapable of |
23 | | filing the application in a
timely manner, the Chief County |
24 | | Assessment Officer may extend the filing
deadline for a period |
25 | | of 3 months. In order to receive the extension provided
in this |
26 | | paragraph, the applicant shall provide the Chief County |
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1 | | Assessment
Officer with a signed statement from the applicant's |
2 | | physician, advanced practice registered nurse, or physician |
3 | | assistant stating the
nature and extent of the condition, and |
4 | | that, in the physician's, advanced practice registered |
5 | | nurse's, or physician assistant's opinion, the
condition was so |
6 | | severe that it rendered the applicant incapable of filing the
|
7 | | application in a timely manner.
|
8 | | In counties having less than 3,000,000 inhabitants, if an |
9 | | applicant was
denied an exemption in taxable year 1994 and the |
10 | | denial occurred due to an
error on the part of an assessment
|
11 | | official, or his or her agent or employee, then beginning in |
12 | | taxable year 1997
the
applicant's base year, for purposes of |
13 | | determining the amount of the exemption,
shall be 1993 rather |
14 | | than 1994. In addition, in taxable year 1997, the
applicant's |
15 | | exemption shall also include an amount equal to (i) the amount |
16 | | of
any exemption denied to the applicant in taxable year 1995 |
17 | | as a result of using
1994, rather than 1993, as the base year, |
18 | | (ii) the amount of any exemption
denied to the applicant in |
19 | | taxable year 1996 as a result of using 1994, rather
than 1993, |
20 | | as the base year, and (iii) the amount of the exemption |
21 | | erroneously
denied for taxable year 1994.
|
22 | | For purposes of this Section, a person who will be 65 years |
23 | | of age during the
current taxable year shall be eligible to |
24 | | apply for the homestead exemption
during that taxable year. |
25 | | Application shall be made during the application
period in |
26 | | effect for the county of his or her residence.
|
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1 | | The Chief County Assessment Officer may determine the |
2 | | eligibility of a life
care facility that qualifies as a |
3 | | cooperative to receive the benefits
provided by this Section by |
4 | | use of an affidavit, application, visual
inspection, |
5 | | questionnaire, or other reasonable method in order to insure |
6 | | that
the tax savings resulting from the exemption are credited |
7 | | by the management
firm to the apportioned tax liability of each |
8 | | qualifying resident. The Chief
County Assessment Officer may |
9 | | request reasonable proof that the management firm
has so |
10 | | credited that exemption.
|
11 | | Except as provided in this Section, all information |
12 | | received by the chief
county assessment officer or the |
13 | | Department from applications filed under this
Section, or from |
14 | | any investigation conducted under the provisions of this
|
15 | | Section, shall be confidential, except for official purposes or
|
16 | | pursuant to official procedures for collection of any State or |
17 | | local tax or
enforcement of any civil or criminal penalty or |
18 | | sanction imposed by this Act or
by any statute or ordinance |
19 | | imposing a State or local tax. Any person who
divulges any such |
20 | | information in any manner, except in accordance with a proper
|
21 | | judicial order, is guilty of a Class A misdemeanor.
|
22 | | Nothing contained in this Section shall prevent the |
23 | | Director or chief county
assessment officer from publishing or |
24 | | making available reasonable statistics
concerning the |
25 | | operation of the exemption contained in this Section in which
|
26 | | the contents of claims are grouped into aggregates in such a |
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1 | | way that
information contained in any individual claim shall |
2 | | not be disclosed.
|
3 | | (d) Each Chief County Assessment Officer shall annually |
4 | | publish a notice
of availability of the exemption provided |
5 | | under this Section. The notice
shall be published at least 60 |
6 | | days but no more than 75 days prior to the date
on which the |
7 | | application must be submitted to the Chief County Assessment
|
8 | | Officer of the county in which the property is located. The |
9 | | notice shall
appear in a newspaper of general circulation in |
10 | | the county.
|
11 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, |
12 | | no reimbursement by the State is required for the |
13 | | implementation of any mandate created by this Section.
|
14 | | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; |
15 | | 99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff. |
16 | | 7-28-16 .) |
17 | | Section 75. The Counties Code is amended by changing |
18 | | Sections 3-14049, 3-15003.6, and 5-1069 as follows:
|
19 | | (55 ILCS 5/3-14049) (from Ch. 34, par. 3-14049)
|
20 | | Sec. 3-14049. Appointment of physicians and nurses for the |
21 | | poor
and mentally ill persons. The appointment, employment and |
22 | | removal by the
Board of Commissioners of Cook County of all |
23 | | physicians and surgeons, advanced practice registered nurses, |
24 | | physician assistants, and
nurses for the care and treatment of |
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1 | | the sick, poor, mentally ill or
persons in need of mental |
2 | | treatment of said county shall be made only in
conformity with |
3 | | rules prescribed by the County Civil Service Commission to
|
4 | | accomplish the purposes of this Section.
|
5 | | The Board of Commissioners of Cook County may provide that |
6 | | all such
physicians and surgeons who serve without compensation |
7 | | shall be appointed
for a term to be fixed by the Board, and |
8 | | that the physicians and surgeons
usually designated and known |
9 | | as interns shall be appointed for a term to
be fixed by the |
10 | | Board: Provided, that there may also, at the discretion of
the |
11 | | board, be a consulting staff of physicians and surgeons, which |
12 | | staff
may be appointed by the president, subject to the |
13 | | approval of the board,
and provided further, that the Board may |
14 | | contract with any recognized
training school or any program for |
15 | | health professionals for health care services of any or all of |
16 | | such sick or mentally ill
or persons in need of mental |
17 | | treatment.
|
18 | | (Source: P.A. 99-581, eff. 1-1-17 .)
|
19 | | (55 ILCS 5/3-15003.6)
|
20 | | Sec. 3-15003.6. Pregnant female prisoners. |
21 | | (a) Definitions. For the purpose of this Section: |
22 | | (1) "Restraints" means any physical restraint or |
23 | | mechanical device used to control the movement of a |
24 | | prisoner's body or limbs, or both, including, but not |
25 | | limited to, flex cuffs, soft restraints, hard metal |
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1 | | handcuffs, a black box, Chubb cuffs, leg irons, belly |
2 | | chains, a security (tether) chain, or a convex shield, or |
3 | | shackles of any kind. |
4 | | (2) "Labor" means the period of time before a birth and |
5 | | shall include any medical condition in which a woman is |
6 | | sent or brought to the hospital for the purpose of |
7 | | delivering her baby. These situations include: induction |
8 | | of labor, prodromal labor, pre-term labor, prelabor |
9 | | rupture of membranes, the 3 stages of active labor, uterine |
10 | | hemorrhage during the third trimester of pregnancy, and |
11 | | caesarian delivery including pre-operative preparation. |
12 | | (3) "Post-partum" means, as determined by her |
13 | | physician, advanced practice registered nurse, or |
14 | | physician assistant, the period immediately following |
15 | | delivery, including the entire period a woman is in the |
16 | | hospital or infirmary after birth. |
17 | | (4) "Correctional institution" means any entity under |
18 | | the authority of a county law enforcement division of a |
19 | | county of more than 3,000,000 inhabitants that has the |
20 | | power to detain or restrain, or both, a person under the |
21 | | laws of the State. |
22 | | (5) "Corrections official" means the official that is |
23 | | responsible for oversight of a correctional institution, |
24 | | or his or her designee. |
25 | | (6) "Prisoner" means any person incarcerated or |
26 | | detained in any facility who is accused of, convicted of, |
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1 | | sentenced for, or adjudicated delinquent for, violations |
2 | | of criminal law or the terms and conditions of parole, |
3 | | probation, pretrial release, or diversionary program, and |
4 | | any person detained under the immigration laws of the |
5 | | United States at any correctional facility. |
6 | | (7) "Extraordinary circumstance" means an |
7 | | extraordinary medical or security circumstance, including |
8 | | a substantial flight risk, that dictates restraints be used |
9 | | to ensure the safety and security of the prisoner, the |
10 | | staff of the correctional institution or medical facility, |
11 | | other prisoners, or the public. |
12 | | (b) A county department of corrections shall not apply |
13 | | security restraints to a prisoner that has been determined by a |
14 | | qualified medical professional to be pregnant and is known by |
15 | | the county department of corrections to be pregnant or in |
16 | | postpartum recovery, which is the entire period a woman is in |
17 | | the medical facility after birth, unless the corrections |
18 | | official makes an individualized determination that the |
19 | | prisoner presents a substantial flight risk or some other |
20 | | extraordinary circumstance that dictates security restraints |
21 | | be used to ensure the safety and security of the prisoner, her |
22 | | child or unborn child, the staff of the county department of |
23 | | corrections or medical facility, other prisoners, or the |
24 | | public. The protections set out in clauses (b)(3) and (b)(4) of |
25 | | this Section shall apply to security restraints used pursuant |
26 | | to this subsection. The corrections official shall immediately |
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1 | | remove all restraints upon the written or oral request of |
2 | | medical personnel. Oral requests made by medical personnel |
3 | | shall be verified in writing as promptly as reasonably |
4 | | possible. |
5 | | (1) Qualified authorized health staff shall have the |
6 | | authority to order therapeutic restraints for a pregnant or |
7 | | postpartum prisoner who is a danger to herself, her child, |
8 | | unborn child, or other persons due to a psychiatric or |
9 | | medical disorder. Therapeutic restraints may only be |
10 | | initiated, monitored and discontinued by qualified and |
11 | | authorized health staff and used to safely limit a |
12 | | prisoner's mobility for psychiatric or medical reasons. No |
13 | | order for therapeutic restraints shall be written unless |
14 | | medical or mental health personnel, after personally |
15 | | observing and examining the prisoner, are clinically |
16 | | satisfied that the use of therapeutic restraints is |
17 | | justified and permitted in accordance with hospital |
18 | | policies and applicable State law. Metal handcuffs or |
19 | | shackles are not considered therapeutic restraints. |
20 | | (2) Whenever therapeutic restraints are used by |
21 | | medical personnel, Section 2-108 of the Mental Health and |
22 | | Developmental Disabilities Code shall apply. |
23 | | (3) Leg irons, shackles or waist shackles shall not be |
24 | | used on any pregnant or postpartum prisoner regardless of |
25 | | security classification. Except for therapeutic restraints |
26 | | under clause (b)(2), no restraints of any kind may be |
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1 | | applied to prisoners during labor. |
2 | | (4) When a pregnant or postpartum prisoner must be |
3 | | restrained, restraints used shall be the least restrictive |
4 | | restraints possible to ensure the safety and security of |
5 | | the prisoner, her child, unborn child, the staff of the |
6 | | county department of corrections or medical facility, |
7 | | other prisoners, or the public, and in no case shall |
8 | | include leg irons, shackles or waist shackles. |
9 | | (5) Upon the pregnant prisoner's entry into a hospital |
10 | | room, and completion of initial room inspection, a |
11 | | corrections official shall be posted immediately outside |
12 | | the hospital room, unless requested to be in the room by |
13 | | medical personnel attending to the prisoner's medical |
14 | | needs. |
15 | | (6) The county department of corrections shall provide |
16 | | adequate corrections personnel to monitor the pregnant |
17 | | prisoner during her transport to and from the hospital and |
18 | | during her stay at the hospital. |
19 | | (7) Where the county department of corrections |
20 | | requires prisoner safety assessments, a corrections |
21 | | official may enter the hospital room to conduct periodic |
22 | | prisoner safety assessments, except during a medical |
23 | | examination or the delivery process. |
24 | | (8) Upon discharge from a medical facility, postpartum |
25 | | prisoners shall be restrained only with handcuffs in front |
26 | | of the body during transport to the county department of |
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1 | | corrections. A corrections official shall immediately |
2 | | remove all security restraints upon written or oral request |
3 | | by medical personnel. Oral requests made by medical |
4 | | personnel shall be verified in writing as promptly as |
5 | | reasonably possible. |
6 | | (c) Enforcement.
No later than 30 days before the end of |
7 | | each fiscal year, the county sheriff or corrections official of |
8 | | the correctional institution where a pregnant prisoner has been |
9 | | restrained during that previous fiscal year, shall submit a |
10 | | written report to the Illinois General Assembly and the Office |
11 | | of the Governor that includes an account of every instance of |
12 | | prisoner restraint pursuant to this Section. The written report |
13 | | shall state the date, time, location and rationale for each |
14 | | instance in which restraints are used. The written report shall |
15 | | not contain any individually identifying information of any |
16 | | prisoner. Such reports shall be made available for public |
17 | | inspection.
|
18 | | (Source: P.A. 99-581, eff. 1-1-17 .)
|
19 | | (55 ILCS 5/5-1069) (from Ch. 34, par. 5-1069)
|
20 | | Sec. 5-1069. Group life, health, accident, hospital, and |
21 | | medical
insurance. |
22 | | (a) The county board of any county may arrange to provide, |
23 | | for
the benefit of employees of the county, group life, health, |
24 | | accident, hospital,
and medical insurance, or any one or any |
25 | | combination of those types of
insurance, or the county board |
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1 | | may self-insure, for the benefit of its
employees, all or a |
2 | | portion of the employees' group life, health, accident,
|
3 | | hospital, and medical insurance, or any one or any combination |
4 | | of those
types of insurance, including a combination of |
5 | | self-insurance and other
types of insurance authorized by this |
6 | | Section, provided that the county
board complies with all other |
7 | | requirements of this Section. The insurance
may include |
8 | | provision for employees who rely on treatment by prayer or
|
9 | | spiritual means alone for healing in accordance with the tenets |
10 | | and
practice of a well recognized religious denomination. The |
11 | | county board may
provide for payment by the county of a portion |
12 | | or all of the premium or
charge for the insurance with the |
13 | | employee paying the balance of the
premium or charge, if any. |
14 | | If the county board undertakes a plan under
which the county |
15 | | pays only a portion of the premium or charge, the county
board |
16 | | shall provide for withholding and deducting from the |
17 | | compensation of
those employees who consent to join the plan |
18 | | the balance of the premium or
charge for the insurance.
|
19 | | (b) If the county board does not provide for self-insurance |
20 | | or for a plan
under which the county pays a portion or all of |
21 | | the premium or charge for a
group insurance plan, the county |
22 | | board may provide for withholding and
deducting from the |
23 | | compensation of those employees who consent thereto the
total |
24 | | premium or charge for any group life, health, accident, |
25 | | hospital, and
medical insurance.
|
26 | | (c) The county board may exercise the powers granted in |
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1 | | this Section only if
it provides for self-insurance or, where |
2 | | it makes arrangements to provide
group insurance through an |
3 | | insurance carrier, if the kinds of group
insurance are obtained |
4 | | from an insurance company authorized to do business
in the |
5 | | State of Illinois. The county board may enact an ordinance
|
6 | | prescribing the method of operation of the insurance program.
|
7 | | (d) If a county, including a home rule county, is a |
8 | | self-insurer for
purposes of providing health insurance |
9 | | coverage for its employees, the
insurance coverage shall |
10 | | include screening by low-dose mammography for all
women 35 |
11 | | years of age or older for the presence of occult breast cancer
|
12 | | unless the county elects to provide mammograms itself under |
13 | | Section
5-1069.1. The coverage shall be as follows:
|
14 | |
(1) A baseline mammogram for women 35 to 39 years of |
15 | | age.
|
16 | |
(2) An annual mammogram for women 40 years of age or |
17 | | older.
|
18 | | (3) A mammogram at the age and intervals considered |
19 | | medically necessary by the woman's health care provider for |
20 | | women under 40 years of age and having a family history of |
21 | | breast cancer, prior personal history of breast cancer, |
22 | | positive genetic testing, or other risk factors. |
23 | | (4) A comprehensive ultrasound screening of an entire |
24 | | breast or breasts if a mammogram demonstrates |
25 | | heterogeneous or dense breast tissue, when medically |
26 | | necessary as determined by a physician licensed to practice |
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1 | | medicine in all of its branches, advanced practice |
2 | | registered nurse, or physician assistant. |
3 | | For purposes of this subsection, "low-dose mammography"
|
4 | | means the x-ray examination of the breast using equipment |
5 | | dedicated
specifically for mammography, including the x-ray |
6 | | tube, filter, compression
device, and image receptor, with an |
7 | | average radiation exposure
delivery of less than one rad per |
8 | | breast for 2 views of an average size breast. The term also |
9 | | includes digital mammography. |
10 | | (d-5) Coverage as described by subsection (d) shall be |
11 | | provided at no cost to the insured and shall not be applied to |
12 | | an annual or lifetime maximum benefit. |
13 | | (d-10) When health care services are available through |
14 | | contracted providers and a person does not comply with plan |
15 | | provisions specific to the use of contracted providers, the |
16 | | requirements of subsection (d-5) are not applicable. When a |
17 | | person does not comply with plan provisions specific to the use |
18 | | of contracted providers, plan provisions specific to the use of |
19 | | non-contracted providers must be applied without distinction |
20 | | for coverage required by this Section and shall be at least as |
21 | | favorable as for other radiological examinations covered by the |
22 | | policy or contract. |
23 | | (d-15) If a county, including a home rule county, is a |
24 | | self-insurer for purposes of providing health insurance |
25 | | coverage for its employees, the insurance coverage shall |
26 | | include mastectomy coverage, which includes coverage for |
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1 | | prosthetic devices or reconstructive surgery incident to the |
2 | | mastectomy. Coverage for breast reconstruction in connection |
3 | | with a mastectomy shall include: |
4 | | (1) reconstruction of the breast upon which the |
5 | | mastectomy has been performed; |
6 | | (2) surgery and reconstruction of the other breast to |
7 | | produce a symmetrical appearance; and |
8 | | (3) prostheses and treatment for physical |
9 | | complications at all stages of mastectomy, including |
10 | | lymphedemas. |
11 | | Care shall be determined in consultation with the attending |
12 | | physician and the patient. The offered coverage for prosthetic |
13 | | devices and reconstructive surgery shall be subject to the |
14 | | deductible and coinsurance conditions applied to the |
15 | | mastectomy, and all other terms and conditions applicable to |
16 | | other benefits. When a mastectomy is performed and there is no |
17 | | evidence of malignancy then the offered coverage may be limited |
18 | | to the provision of prosthetic devices and reconstructive |
19 | | surgery to within 2 years after the date of the mastectomy. As |
20 | | used in this Section, "mastectomy" means the removal of all or |
21 | | part of the breast for medically necessary reasons, as |
22 | | determined by a licensed physician. |
23 | | A county, including a home rule county, that is a |
24 | | self-insurer for purposes of providing health insurance |
25 | | coverage for its employees, may not penalize or reduce or limit |
26 | | the reimbursement of an attending provider or provide |
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1 | | incentives (monetary or otherwise) to an attending provider to |
2 | | induce the provider to provide care to an insured in a manner |
3 | | inconsistent with this Section. |
4 | | (d-20) The
requirement that mammograms be included in |
5 | | health insurance coverage as
provided in subsections (d) |
6 | | through (d-15) is an exclusive power and function of the
State |
7 | | and is a denial and limitation under Article VII, Section 6,
|
8 | | subsection (h) of the Illinois Constitution of home rule county |
9 | | powers. A
home rule county to which subsections (d) through |
10 | | (d-15) apply must comply with every
provision of those |
11 | | subsections.
|
12 | | (e) The term "employees" as used in this Section includes |
13 | | elected or
appointed officials but does not include temporary |
14 | | employees.
|
15 | | (f) The county board may, by ordinance, arrange to provide |
16 | | group life,
health, accident, hospital, and medical insurance, |
17 | | or any one or a combination
of those types of insurance, under |
18 | | this Section to retired former employees and
retired former |
19 | | elected or appointed officials of the county.
|
20 | | (g) Rulemaking authority to implement this amendatory Act |
21 | | of the 95th General Assembly, if any, is conditioned on the |
22 | | rules being adopted in accordance with all provisions of the |
23 | | Illinois Administrative Procedure Act and all rules and |
24 | | procedures of the Joint Committee on Administrative Rules; any |
25 | | purported rule not so adopted, for whatever reason, is |
26 | | unauthorized. |
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1 | | (Source: P.A. 99-581, eff. 1-1-17 .)
|
2 | | Section 80. The Illinois Municipal Code is amended by |
3 | | changing Sections 10-1-38.1 and 10-2.1-18 as follows:
|
4 | | (65 ILCS 5/10-1-38.1) (from Ch. 24, par. 10-1-38.1)
|
5 | | Sec. 10-1-38.1.
When the force of the Fire Department or of |
6 | | the Police
Department is reduced, and positions displaced or |
7 | | abolished, seniority
shall prevail, and the officers and |
8 | | members so reduced in rank, or removed
from the service of the |
9 | | Fire Department or of the Police Department shall
be considered |
10 | | furloughed without pay from the positions from which they
were |
11 | | reduced or removed.
|
12 | | Such reductions and removals shall be in strict compliance |
13 | | with
seniority and in no event shall any officer or member be |
14 | | reduced more than
one rank in a reduction of force. Officers |
15 | | and members with the least
seniority in the position to be |
16 | | reduced shall be reduced to the next lower
rated position. For |
17 | | purposes of determining which officers and members
will be |
18 | | reduced in rank, seniority shall be determined by adding the |
19 | | time
spent at the rank or position from which the officer or |
20 | | member is to be
reduced and the time spent at any higher rank |
21 | | or position in the
Department. For purposes of determining |
22 | | which officers or members in the
lowest rank or position shall |
23 | | be removed from the Department in the event
of a layoff, length |
24 | | of service in the Department shall be the basis for
determining |
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1 | | seniority, with the least senior such officer or member being
|
2 | | the first so removed and laid off. Such officers or members |
3 | | laid off shall
have their names placed on an appropriate |
4 | | reemployment list in the reverse
order of dates of layoff.
|
5 | | If any positions which have been vacated because of |
6 | | reduction in forces
or displacement and abolition of positions, |
7 | | are reinstated, such members
and officers of the Fire |
8 | | Department or of the Police Department as are
furloughed from |
9 | | the said positions shall be notified by registered mail of
such |
10 | | reinstatement of positions and shall have prior right to such
|
11 | | positions if otherwise qualified, and in all cases seniority |
12 | | shall prevail.
Written application for such reinstated |
13 | | position must be made by the
furloughed person within 30 days |
14 | | after notification as above provided and
such person may be |
15 | | required to submit to examination by physicians, advanced |
16 | | practice registered nurses, or physician assistants of both
the |
17 | | commission and the appropriate pension board to determine his |
18 | | physical
fitness.
|
19 | | (Source: P.A. 99-581, eff. 1-1-17 .)
|
20 | | (65 ILCS 5/10-2.1-18) (from Ch. 24, par. 10-2.1-18)
|
21 | | Sec. 10-2.1-18. Fire or police departments - Reduction of |
22 | | force -
Reinstatement. When the force of the fire department or |
23 | | of the police
department is reduced, and positions displaced or |
24 | | abolished, seniority
shall prevail and the officers and members |
25 | | so reduced in rank, or removed
from the service of the fire |
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1 | | department or of the police department shall
be considered |
2 | | furloughed without pay from the positions from which they
were |
3 | | reduced or removed.
|
4 | | Such reductions and removals shall be in strict compliance |
5 | | with
seniority and in no event shall any officer or member be |
6 | | reduced more than
one rank in a reduction of force. Officers |
7 | | and members with the least
seniority in the position to be |
8 | | reduced shall be reduced to the next lower
rated position. For |
9 | | purposes of determining which officers and members
will be |
10 | | reduced in rank, seniority shall be determined by adding the |
11 | | time
spent at the rank or position from which the officer or |
12 | | member is to be
reduced and the time spent at any higher rank |
13 | | or position in the
Department. For purposes of determining |
14 | | which officers or members in the
lowest rank or position shall |
15 | | be removed from the Department in the event
of a layoff, length |
16 | | of service in the Department shall be the basis for
determining |
17 | | seniority, with the least senior such officer or member being
|
18 | | the first so removed and laid off. Such officers or members |
19 | | laid off shall
have their names placed on an appropriate |
20 | | reemployment list in the reverse
order of dates of layoff.
|
21 | | If any positions which have been vacated because of |
22 | | reduction in forces
or displacement and abolition of positions, |
23 | | are reinstated, such members
and officers of the fire |
24 | | department or of the police department as are
furloughed from |
25 | | the said positions shall be notified by the board by
registered |
26 | | mail of such reinstatement of positions and shall have prior
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1 | | right to such positions if otherwise qualified, and in all |
2 | | cases seniority
shall prevail. Written application for such |
3 | | reinstated position must be
made by the furloughed person |
4 | | within 30 days after notification as above
provided and such |
5 | | person may be required to submit to examination by
physicians, |
6 | | advanced practice registered nurses, or physician assistants |
7 | | of both the board of fire and police commissioners and the
|
8 | | appropriate pension board to determine his physical fitness.
|
9 | | (Source: P.A. 99-581, eff. 1-1-17 .)
|
10 | | Section 85. The School Code is amended by changing Sections |
11 | | 22-30, 22-80, 24-5, 24-6, 26-1, and 27-8.1 as follows:
|
12 | | (105 ILCS 5/22-30)
|
13 | | Sec. 22-30. Self-administration and self-carry of asthma |
14 | | medication and epinephrine auto-injectors; administration of |
15 | | undesignated epinephrine auto-injectors; administration of an |
16 | | opioid antagonist; asthma episode emergency response protocol.
|
17 | | (a) For the purpose of this Section only, the following |
18 | | terms shall have the meanings set forth below:
|
19 | | "Asthma action plan" means a written plan developed with a |
20 | | pupil's medical provider to help control the pupil's asthma. |
21 | | The goal of an asthma action plan is to reduce or prevent |
22 | | flare-ups and emergency department visits through day-to-day |
23 | | management and to serve as a student-specific document to be |
24 | | referenced in the event of an asthma episode. |
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1 | | "Asthma episode emergency response protocol" means a |
2 | | procedure to provide assistance to a pupil experiencing |
3 | | symptoms of wheezing, coughing, shortness of breath, chest |
4 | | tightness, or breathing difficulty. |
5 | | "Asthma inhaler" means a quick reliever asthma inhaler. |
6 | | "Epinephrine auto-injector" means a single-use device used |
7 | | for the automatic injection of a pre-measured dose of |
8 | | epinephrine into the human body.
|
9 | | "Asthma medication" means a medicine, prescribed by (i) a |
10 | | physician
licensed to practice medicine in all its branches,
|
11 | | (ii) a licensed physician assistant with prescriptive |
12 | | authority , or (iii) a licensed advanced practice registered
|
13 | | nurse with prescriptive authority
for a pupil that pertains to |
14 | | the pupil's
asthma and that has an individual prescription |
15 | | label.
|
16 | | "Opioid antagonist" means a drug that binds to opioid |
17 | | receptors and blocks or inhibits the effect of opioids acting |
18 | | on those receptors, including, but not limited to, naloxone |
19 | | hydrochloride or any other similarly acting drug approved by |
20 | | the U.S. Food and Drug Administration. |
21 | | "School nurse" means a registered nurse working in a school |
22 | | with or without licensure endorsed in school nursing. |
23 | | "Self-administration" means a pupil's discretionary use of |
24 | | his or
her prescribed asthma medication or epinephrine |
25 | | auto-injector.
|
26 | | "Self-carry" means a pupil's ability to carry his or her |
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1 | | prescribed asthma medication or epinephrine auto-injector. |
2 | | "Standing protocol" may be issued by (i) a physician |
3 | | licensed to practice medicine in all its branches, (ii) a |
4 | | licensed physician assistant with prescriptive authority , or |
5 | | (iii) a licensed advanced practice registered nurse with |
6 | | prescriptive authority. |
7 | | "Trained personnel" means any school employee or volunteer |
8 | | personnel authorized in Sections 10-22.34, 10-22.34a, and |
9 | | 10-22.34b of this Code who has completed training under |
10 | | subsection (g) of this Section to recognize and respond to |
11 | | anaphylaxis. |
12 | | "Undesignated epinephrine auto-injector" means an |
13 | | epinephrine auto-injector prescribed in the name of a school |
14 | | district, public school, or nonpublic school. |
15 | | (b) A school, whether public or nonpublic, must permit the
|
16 | | self-administration and self-carry of asthma
medication by a |
17 | | pupil with asthma or the self-administration and self-carry of |
18 | | an epinephrine auto-injector by a pupil, provided that:
|
19 | | (1) the parents or
guardians of the pupil provide to |
20 | | the school (i) written
authorization from the parents or |
21 | | guardians for (A) the self-administration and self-carry |
22 | | of asthma medication or (B) the self-carry of asthma |
23 | | medication or (ii) for (A) the self-administration and |
24 | | self-carry of an epinephrine auto-injector or (B) the |
25 | | self-carry of an epinephrine auto-injector, written |
26 | | authorization from the pupil's physician, physician |
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1 | | assistant, or advanced practice registered nurse; and
|
2 | | (2) the
parents or guardians of the pupil provide to |
3 | | the school (i) the prescription label, which must contain |
4 | | the name of the asthma medication, the prescribed dosage, |
5 | | and the time at which or circumstances under which the |
6 | | asthma medication is to be administered, or (ii) for the |
7 | | self-administration or self-carry of an epinephrine |
8 | | auto-injector, a
written
statement from the pupil's |
9 | | physician, physician assistant, or advanced practice |
10 | | registered
nurse containing
the following information:
|
11 | | (A) the name and purpose of the epinephrine |
12 | | auto-injector;
|
13 | | (B) the prescribed dosage; and
|
14 | | (C) the time or times at which or the special |
15 | | circumstances
under which the epinephrine |
16 | | auto-injector is to be administered.
|
17 | | The information provided shall be kept on file in the office of |
18 | | the school
nurse or,
in the absence of a school nurse, the |
19 | | school's administrator.
|
20 | | (b-5) A school district, public school, or nonpublic school |
21 | | may authorize the provision of a student-specific or |
22 | | undesignated epinephrine auto-injector to a student or any |
23 | | personnel authorized under a student's Individual Health Care |
24 | | Action Plan, Illinois Food Allergy Emergency Action Plan and |
25 | | Treatment Authorization Form, or plan pursuant to Section 504 |
26 | | of the federal Rehabilitation Act of 1973 to administer an |
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1 | | epinephrine auto-injector to the student, that meets the |
2 | | student's prescription on file. |
3 | | (b-10) The school district, public school, or nonpublic |
4 | | school may authorize a school nurse or trained personnel to do |
5 | | the following: (i) provide an undesignated epinephrine |
6 | | auto-injector to a student for self-administration only or any |
7 | | personnel authorized under a student's Individual Health Care |
8 | | Action Plan, Illinois Food Allergy Emergency Action Plan and |
9 | | Treatment Authorization Form, or plan pursuant to Section 504 |
10 | | of the federal Rehabilitation Act of 1973 to administer to the |
11 | | student, that meets the student's prescription on file; (ii) |
12 | | administer an undesignated epinephrine auto-injector that |
13 | | meets the prescription on file to any student who has an |
14 | | Individual Health Care Action Plan, Illinois Food Allergy |
15 | | Emergency Action Plan and Treatment Authorization Form, or plan |
16 | | pursuant to Section 504 of the federal Rehabilitation Act of |
17 | | 1973 that authorizes the use of an epinephrine auto-injector; |
18 | | (iii) administer an undesignated epinephrine auto-injector to |
19 | | any person that the school nurse or trained personnel in good |
20 | | faith believes is having an anaphylactic reaction; and (iv) |
21 | | administer an opioid antagonist to any person that the school |
22 | | nurse or trained personnel in good faith believes is having an |
23 | | opioid overdose. |
24 | | (c) The school district, public school, or nonpublic school |
25 | | must inform the parents or
guardians of the
pupil, in writing, |
26 | | that the school district, public school, or nonpublic school |
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1 | | and its
employees and
agents, including a physician, physician |
2 | | assistant, or advanced practice registered nurse providing |
3 | | standing protocol or prescription for school epinephrine |
4 | | auto-injectors,
are to incur no liability or professional |
5 | | discipline, except for willful and wanton conduct, as a result
|
6 | | of any injury arising from the
administration of asthma |
7 | | medication, an epinephrine auto-injector, or an opioid |
8 | | antagonist regardless of whether authorization was given by the |
9 | | pupil's parents or guardians or by the pupil's physician, |
10 | | physician assistant, or advanced practice registered nurse. |
11 | | The parents or guardians
of the pupil must sign a statement |
12 | | acknowledging that the school district, public school,
or |
13 | | nonpublic school and its employees and agents are to incur no |
14 | | liability, except for willful and wanton
conduct, as a result |
15 | | of any injury arising
from the
administration of asthma |
16 | | medication, an epinephrine auto-injector, or an opioid |
17 | | antagonist regardless of whether authorization was given by the |
18 | | pupil's parents or guardians or by the pupil's physician, |
19 | | physician assistant, or advanced practice registered nurse and |
20 | | that the parents or
guardians must indemnify and hold harmless |
21 | | the school district, public school, or nonpublic
school and
its
|
22 | | employees and agents against any claims, except a claim based |
23 | | on willful and
wanton conduct, arising out of the
|
24 | | administration of asthma medication, an epinephrine |
25 | | auto-injector, or an opioid antagonist regardless of whether |
26 | | authorization was given by the pupil's parents or guardians or |
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1 | | by the pupil's physician, physician assistant, or advanced |
2 | | practice registered nurse. |
3 | | (c-5) When a school nurse or trained personnel administers |
4 | | an undesignated epinephrine auto-injector to a person whom the |
5 | | school nurse or trained personnel in good faith believes is |
6 | | having an anaphylactic reaction or administers an opioid |
7 | | antagonist to a person whom the school nurse or trained |
8 | | personnel in good faith believes is having an opioid overdose, |
9 | | notwithstanding the lack of notice to the parents or guardians |
10 | | of the pupil or the absence of the parents or guardians signed |
11 | | statement acknowledging no liability, except for willful and |
12 | | wanton conduct, the school district, public school, or |
13 | | nonpublic school and its employees and agents, and a physician, |
14 | | a physician assistant, or an advanced practice registered nurse |
15 | | providing standing protocol or prescription for undesignated |
16 | | epinephrine auto-injectors, are to incur no liability or |
17 | | professional discipline, except for willful and wanton |
18 | | conduct, as a result of any injury arising from the use of an |
19 | | undesignated epinephrine auto-injector or the use of an opioid |
20 | | antagonist regardless of whether authorization was given by the |
21 | | pupil's parents or guardians or by the pupil's physician, |
22 | | physician assistant, or advanced practice registered nurse.
|
23 | | (d) The permission for self-administration and self-carry |
24 | | of asthma medication or the self-administration and self-carry |
25 | | of an epinephrine auto-injector is effective
for the school |
26 | | year for which it is granted and shall be renewed each
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1 | | subsequent school year upon fulfillment of the requirements of |
2 | | this
Section.
|
3 | | (e) Provided that the requirements of this Section are |
4 | | fulfilled, a
pupil with asthma may self-administer and |
5 | | self-carry his or her asthma medication or a pupil may |
6 | | self-administer and self-carry an epinephrine auto-injector |
7 | | (i) while in
school, (ii) while at a school-sponsored activity, |
8 | | (iii) while under the
supervision of
school personnel, or (iv) |
9 | | before or after normal school activities, such
as while in |
10 | | before-school or after-school care on school-operated
property |
11 | | or while being transported on a school bus.
|
12 | | (e-5) Provided that the requirements of this Section are |
13 | | fulfilled, a school nurse or trained personnel may administer |
14 | | an undesignated epinephrine auto-injector to any person whom |
15 | | the school nurse or trained personnel in good faith believes to |
16 | | be having an anaphylactic reaction (i) while in school, (ii) |
17 | | while at a school-sponsored activity, (iii) while under the |
18 | | supervision of school personnel, or (iv) before or after normal |
19 | | school activities, such
as while in before-school or |
20 | | after-school care on school-operated property or while being |
21 | | transported on a school bus. A school nurse or trained |
22 | | personnel may carry undesignated epinephrine auto-injectors on |
23 | | his or her person while in school or at a school-sponsored |
24 | | activity. |
25 | | (e-10) Provided that the requirements of this Section are |
26 | | fulfilled, a school nurse or trained personnel may administer |
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1 | | an opioid antagonist to any person whom the school nurse or |
2 | | trained personnel in good faith believes to be having an opioid |
3 | | overdose (i) while in school, (ii) while at a school-sponsored |
4 | | activity, (iii) while under the supervision of school |
5 | | personnel, or (iv) before or after normal school activities, |
6 | | such as while in before-school or after-school care on |
7 | | school-operated property. A school nurse or trained personnel |
8 | | may carry an opioid antagonist on their person while in school |
9 | | or at a school-sponsored activity. |
10 | | (f) The school district, public school, or nonpublic school |
11 | | may maintain a supply of undesignated epinephrine |
12 | | auto-injectors in any secure location that is accessible |
13 | | before, during, and after school where an allergic person is |
14 | | most at risk, including, but not limited to, classrooms and |
15 | | lunchrooms. A physician, a physician assistant who has been |
16 | | delegated prescriptive authority in accordance with Section |
17 | | 7.5 of the Physician Assistant Practice Act of 1987, or an |
18 | | advanced practice registered nurse who has been delegated |
19 | | prescriptive authority in accordance with Section 65-40 of the |
20 | | Nurse Practice Act may prescribe undesignated epinephrine |
21 | | auto-injectors in the name of the school district, public |
22 | | school, or nonpublic school to be maintained for use when |
23 | | necessary. Any supply of epinephrine auto-injectors shall be |
24 | | maintained in accordance with the manufacturer's instructions. |
25 | | The school district, public school, or nonpublic school may |
26 | | maintain a supply of an opioid antagonist in any secure |
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1 | | location where an individual may have an opioid overdose. A |
2 | | health care professional who has been delegated prescriptive |
3 | | authority for opioid antagonists in accordance with Section |
4 | | 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act |
5 | | may prescribe opioid antagonists in the name of the school |
6 | | district, public school, or nonpublic school, to be maintained |
7 | | for use when necessary. Any supply of opioid antagonists shall |
8 | | be maintained in accordance with the manufacturer's |
9 | | instructions. |
10 | | (f-3) Whichever entity initiates the process of obtaining |
11 | | undesignated epinephrine auto-injectors and providing training |
12 | | to personnel for carrying and administering undesignated |
13 | | epinephrine auto-injectors shall pay for the costs of the |
14 | | undesignated epinephrine auto-injectors. |
15 | | (f-5) Upon any administration of an epinephrine |
16 | | auto-injector, a school district, public school, or nonpublic |
17 | | school must immediately activate the EMS system and notify the |
18 | | student's parent, guardian, or emergency contact, if known. |
19 | | Upon any administration of an opioid antagonist, a school |
20 | | district, public school, or nonpublic school must immediately |
21 | | activate the EMS system and notify the student's parent, |
22 | | guardian, or emergency contact, if known. |
23 | | (f-10) Within 24 hours of the administration of an |
24 | | undesignated epinephrine auto-injector, a school district, |
25 | | public school, or nonpublic school must notify the physician, |
26 | | physician assistant, or advanced practice registered nurse who |
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1 | | provided the standing protocol or prescription for the |
2 | | undesignated epinephrine auto-injector of its use. |
3 | | Within 24 hours after the administration of an opioid |
4 | | antagonist, a school district, public school, or nonpublic |
5 | | school must notify the health care professional who provided |
6 | | the prescription for the opioid antagonist of its use. |
7 | | (g) Prior to the administration of an undesignated |
8 | | epinephrine auto-injector, trained personnel must submit to |
9 | | their school's administration proof of completion of a training |
10 | | curriculum to recognize and respond to anaphylaxis that meets |
11 | | the requirements of subsection (h) of this Section. Training |
12 | | must be completed annually. their The school district, public |
13 | | school, or nonpublic school must maintain records related to |
14 | | the training curriculum and trained personnel. |
15 | | Prior to the administration of an opioid antagonist, |
16 | | trained personnel must submit to their school's administration |
17 | | proof of completion of a training curriculum to recognize and |
18 | | respond to an opioid overdose, which curriculum must meet the |
19 | | requirements of subsection (h-5) of this Section. Training must |
20 | | be completed annually. Trained personnel must also submit to |
21 | | the school's administration proof of cardiopulmonary |
22 | | resuscitation and automated external defibrillator |
23 | | certification. The school district, public school, or |
24 | | nonpublic school must maintain records relating to the training |
25 | | curriculum and the trained personnel. |
26 | | (h) A training curriculum to recognize and respond to |
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1 | | anaphylaxis, including the administration of an undesignated |
2 | | epinephrine auto-injector, may be conducted online or in |
3 | | person. |
4 | | Training shall include, but is not limited to: |
5 | | (1) how to recognize signs and symptoms of an allergic |
6 | | reaction, including anaphylaxis; |
7 | | (2) how to administer an epinephrine auto-injector; |
8 | | and |
9 | | (3) a test demonstrating competency of the knowledge |
10 | | required to recognize anaphylaxis and administer an |
11 | | epinephrine auto-injector. |
12 | | Training may also include, but is not limited to: |
13 | | (A) a review of high-risk areas within a school and its |
14 | | related facilities; |
15 | | (B) steps to take to prevent exposure to allergens; |
16 | | (C) emergency follow-up procedures; |
17 | | (D) how to respond to a student with a known allergy, |
18 | | as well as a student with a previously unknown allergy; and |
19 | | (E) other criteria as determined in rules adopted |
20 | | pursuant to this Section. |
21 | | In consultation with statewide professional organizations |
22 | | representing physicians licensed to practice medicine in all of |
23 | | its branches, registered nurses, and school nurses, the State |
24 | | Board of Education shall make available resource materials |
25 | | consistent with criteria in this subsection (h) for educating |
26 | | trained personnel to recognize and respond to anaphylaxis. The |
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1 | | State Board may take into consideration the curriculum on this |
2 | | subject developed by other states, as well as any other |
3 | | curricular materials suggested by medical experts and other |
4 | | groups that work on life-threatening allergy issues. The State |
5 | | Board is not required to create new resource materials. The |
6 | | State Board shall make these resource materials available on |
7 | | its Internet website. |
8 | | (h-5) A training curriculum to recognize and respond to an |
9 | | opioid overdose, including the administration of an opioid |
10 | | antagonist, may be conducted online or in person. The training |
11 | | must comply with any training requirements under Section 5-23 |
12 | | of the Alcoholism and Other Drug Abuse and Dependency Act and |
13 | | the corresponding rules. It must include, but is not limited |
14 | | to: |
15 | | (1) how to recognize symptoms of an opioid overdose; |
16 | | (2) information on drug overdose prevention and |
17 | | recognition; |
18 | | (3) how to perform rescue breathing and resuscitation; |
19 | | (4) how to respond to an emergency involving an opioid |
20 | | overdose; |
21 | | (5) opioid antagonist dosage and administration; |
22 | | (6) the importance of calling 911; |
23 | | (7) care for the overdose victim after administration |
24 | | of the overdose antagonist; |
25 | | (8) a test demonstrating competency of the knowledge |
26 | | required to recognize an opioid overdose and administer a |
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1 | | dose of an opioid antagonist; and |
2 | | (9) other criteria as determined in rules adopted |
3 | | pursuant to this Section. |
4 | | (i) Within 3 days after the administration of an |
5 | | undesignated epinephrine auto-injector by a school nurse, |
6 | | trained personnel, or a student at a school or school-sponsored |
7 | | activity, the school must report to the State Board of |
8 | | Education in a form and manner prescribed by the State Board |
9 | | the following information: |
10 | | (1) age and type of person receiving epinephrine |
11 | | (student, staff, visitor); |
12 | | (2) any previously known diagnosis of a severe allergy; |
13 | | (3) trigger that precipitated allergic episode; |
14 | | (4) location where symptoms developed; |
15 | | (5) number of doses administered; |
16 | | (6) type of person administering epinephrine (school |
17 | | nurse, trained personnel, student); and |
18 | | (7) any other information required by the State Board. |
19 | | If a school district, public school, or nonpublic school |
20 | | maintains or has an independent contractor providing |
21 | | transportation to students who maintains a supply of |
22 | | undesignated epinephrine auto-injectors, then the school |
23 | | district, public school, or nonpublic school must report that |
24 | | information to the State Board of Education upon adoption or |
25 | | change of the policy of the school district, public school, |
26 | | nonpublic school, or independent contractor, in a manner as |
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1 | | prescribed by the State Board. The report must include the |
2 | | number of undesignated epinephrine auto-injectors in supply. |
3 | | (i-5) Within 3 days after the administration of an opioid |
4 | | antagonist by a school nurse or trained personnel, the school |
5 | | must report to the State Board of Education , in a form and |
6 | | manner prescribed by the State Board, the following |
7 | | information: |
8 | | (1) the age and type of person receiving the opioid |
9 | | antagonist (student, staff, or visitor); |
10 | | (2) the location where symptoms developed; |
11 | | (3) the type of person administering the opioid |
12 | | antagonist (school nurse or trained personnel); and |
13 | | (4) any other information required by the State Board. |
14 | | (j) By October 1, 2015 and every year thereafter, the State |
15 | | Board of Education shall submit a report to the General |
16 | | Assembly identifying the frequency and circumstances of |
17 | | epinephrine administration during the preceding academic year. |
18 | | Beginning with the 2017 report, the report shall also contain |
19 | | information on which school districts, public schools, and |
20 | | nonpublic schools maintain or have independent contractors |
21 | | providing transportation to students who maintain a supply of |
22 | | undesignated epinephrine auto-injectors. This report shall be |
23 | | published on the State Board's Internet website on the date the |
24 | | report is delivered to the General Assembly. |
25 | | (j-5) Annually, each school district, public school, |
26 | | charter school, or nonpublic school shall request an asthma |
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1 | | action plan from the parents or guardians of a pupil with |
2 | | asthma. If provided, the asthma action plan must be kept on |
3 | | file in the office of the school nurse or, in the absence of a |
4 | | school nurse, the school administrator. Copies of the asthma |
5 | | action plan may be distributed to appropriate school staff who |
6 | | interact with the pupil on a regular basis, and, if applicable, |
7 | | may be attached to the pupil's federal Section 504 plan or |
8 | | individualized education program plan. |
9 | | (j-10) To assist schools with emergency response |
10 | | procedures for asthma, the State Board of Education, in |
11 | | consultation with statewide professional organizations with |
12 | | expertise in asthma management and a statewide organization |
13 | | representing school administrators, shall develop a model |
14 | | asthma episode emergency response protocol before September 1, |
15 | | 2016. Each school district, charter school, and nonpublic |
16 | | school shall adopt an asthma episode emergency response |
17 | | protocol before January 1, 2017 that includes all of the |
18 | | components of the State Board's model protocol. |
19 | | (j-15) Every 2 years, school personnel who work with pupils |
20 | | shall complete an in-person or online training program on the |
21 | | management of asthma, the prevention of asthma symptoms, and |
22 | | emergency response in the school setting. In consultation with |
23 | | statewide professional organizations with expertise in asthma |
24 | | management, the State Board of Education shall make available |
25 | | resource materials for educating school personnel about asthma |
26 | | and emergency response in the school setting. |
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1 | | (j-20) On or before October 1, 2016 and every year |
2 | | thereafter, the State Board of Education shall submit a report |
3 | | to the General Assembly and the Department of Public Health |
4 | | identifying the frequency and circumstances of opioid |
5 | | antagonist administration during the preceding academic year. |
6 | | This report shall be published on the State Board's Internet |
7 | | website on the date the report is delivered to the General |
8 | | Assembly. |
9 | | (k) The State Board of Education may adopt rules necessary |
10 | | to implement this Section. |
11 | | (l) Nothing in this Section shall limit the amount of |
12 | | epinephrine auto-injectors that any type of school or student |
13 | | may carry or maintain a supply of. |
14 | | (Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15; |
15 | | 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17; |
16 | | 99-843, eff. 8-19-16; revised 9-8-16.)
|
17 | | (105 ILCS 5/22-80) |
18 | | Sec. 22-80. Student athletes; concussions and head |
19 | | injuries. |
20 | | (a) The General Assembly recognizes all of the following: |
21 | | (1) Concussions are one of the most commonly reported |
22 | | injuries in children and adolescents who participate in |
23 | | sports and recreational activities. The Centers for |
24 | | Disease Control and Prevention estimates that as many as |
25 | | 3,900,000 sports-related and recreation-related |
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1 | | concussions occur in the United States each year. A |
2 | | concussion is caused by a blow or motion to the head or |
3 | | body that causes the brain to move rapidly inside the |
4 | | skull. The risk of catastrophic injuries or death are |
5 | | significant when a concussion or head injury is not |
6 | | properly evaluated and managed. |
7 | | (2) Concussions are a type of brain injury that can |
8 | | range from mild to severe and can disrupt the way the brain |
9 | | normally works. Concussions can occur in any organized or |
10 | | unorganized sport or recreational activity and can result |
11 | | from a fall or from players colliding with each other, the |
12 | | ground, or with obstacles. Concussions occur with or |
13 | | without loss of consciousness, but the vast majority of |
14 | | concussions occur without loss of consciousness. |
15 | | (3) Continuing to play with a concussion or symptoms of |
16 | | a head injury leaves a young athlete especially vulnerable |
17 | | to greater injury and even death. The General Assembly |
18 | | recognizes that, despite having generally recognized |
19 | | return-to-play standards for concussions and head |
20 | | injuries, some affected youth athletes are prematurely |
21 | | returned to play, resulting in actual or potential physical |
22 | | injury or death to youth athletes in this State. |
23 | | (4) Student athletes who have sustained a concussion |
24 | | may need informal or formal accommodations, modifications |
25 | | of curriculum, and monitoring by medical or academic staff |
26 | | until the student is fully recovered. To that end, all |
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1 | | schools are encouraged to establish a return-to-learn |
2 | | protocol that is based on peer-reviewed scientific |
3 | | evidence consistent with Centers for Disease Control and |
4 | | Prevention guidelines and conduct baseline testing for |
5 | | student athletes. |
6 | | (b) In this Section: |
7 | | "Athletic trainer" means an athletic trainer licensed |
8 | | under the Illinois Athletic Trainers Practice Act. |
9 | | "Coach" means any volunteer or employee of a school who is |
10 | | responsible for organizing and supervising students to teach |
11 | | them or train them in the fundamental skills of an |
12 | | interscholastic athletic activity. "Coach" refers to both head |
13 | | coaches and assistant coaches. |
14 | | "Concussion" means a complex pathophysiological process |
15 | | affecting the brain caused by a traumatic physical force or |
16 | | impact to the head or body, which may include temporary or |
17 | | prolonged altered brain function resulting in physical, |
18 | | cognitive, or emotional symptoms or altered sleep patterns and |
19 | | which may or may not involve a loss of consciousness. |
20 | | "Department" means the Department of Financial and |
21 | | Professional Regulation. |
22 | | "Game official" means a person who officiates at an |
23 | | interscholastic athletic activity, such as a referee or umpire, |
24 | | including, but not limited to, persons enrolled as game |
25 | | officials by the Illinois High School Association or Illinois |
26 | | Elementary School Association. |
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1 | | "Interscholastic athletic activity" means any organized |
2 | | school-sponsored or school-sanctioned activity for students, |
3 | | generally outside of school instructional hours, under the |
4 | | direction of a coach, athletic director, or band leader, |
5 | | including, but not limited to, baseball, basketball, |
6 | | cheerleading, cross country track, fencing, field hockey, |
7 | | football, golf, gymnastics, ice hockey, lacrosse, marching |
8 | | band, rugby, soccer, skating, softball, swimming and diving, |
9 | | tennis, track (indoor and outdoor), ultimate Frisbee, |
10 | | volleyball, water polo, and wrestling. All interscholastic |
11 | | athletics are deemed to be interscholastic activities. |
12 | | "Licensed healthcare professional" means a person who has |
13 | | experience with concussion management and who is a nurse, a |
14 | | psychologist who holds a license under the Clinical |
15 | | Psychologist Licensing Act and specializes in the practice of |
16 | | neuropsychology, a physical therapist licensed under the |
17 | | Illinois Physical Therapy Act, an occupational therapist |
18 | | licensed under the Illinois Occupational Therapy Practice Act. |
19 | | "Nurse" means a person who is employed by or volunteers at |
20 | | a school and is licensed under the Nurse Practice Act as a |
21 | | registered nurse, practical nurse, or advanced practice |
22 | | registered nurse. |
23 | | "Physician" means a physician licensed to practice |
24 | | medicine in all of its branches under the Medical Practice Act |
25 | | of 1987. |
26 | | "School" means any public or private elementary or |
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1 | | secondary school, including a charter school. |
2 | | "Student" means an adolescent or child enrolled in a |
3 | | school. |
4 | | (c) This Section applies to any interscholastic athletic |
5 | | activity, including practice and competition, sponsored or |
6 | | sanctioned by a school, the Illinois Elementary School |
7 | | Association, or the Illinois High School Association. This |
8 | | Section applies beginning with the 2016-2017 school year. |
9 | | (d) The governing body of each public or charter school and |
10 | | the appropriate administrative officer of a private school with |
11 | | students enrolled who participate in an interscholastic |
12 | | athletic activity shall appoint or approve a concussion |
13 | | oversight team. Each concussion oversight team shall establish |
14 | | a return-to-play protocol, based on peer-reviewed scientific |
15 | | evidence consistent with Centers for Disease Control and |
16 | | Prevention guidelines, for a student's return to |
17 | | interscholastic athletics practice or competition following a |
18 | | force or impact believed to have caused a concussion. Each |
19 | | concussion oversight team shall also establish a |
20 | | return-to-learn protocol, based on peer-reviewed scientific |
21 | | evidence consistent with Centers for Disease Control and |
22 | | Prevention guidelines, for a student's return to the classroom |
23 | | after that student is believed to have experienced a |
24 | | concussion, whether or not the concussion took place while the |
25 | | student was participating in an interscholastic athletic |
26 | | activity. |
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1 | | Each concussion oversight team must include to the extent |
2 | | practicable at least one physician. If a school employs an |
3 | | athletic trainer, the athletic trainer must be a member of the |
4 | | school concussion oversight team to the extent practicable. If |
5 | | a school employs a nurse, the nurse must be a member of the |
6 | | school concussion oversight team to the extent practicable. At |
7 | | a minimum, a school shall appoint a person who is responsible |
8 | | for implementing and complying with the return-to-play and |
9 | | return-to-learn protocols adopted by the concussion oversight |
10 | | team. A school may appoint other licensed healthcare |
11 | | professionals to serve on the concussion oversight team. |
12 | | (e) A student may not participate in an interscholastic |
13 | | athletic activity for a school year until the student and the |
14 | | student's parent or guardian or another person with legal |
15 | | authority to make medical decisions for the student have signed |
16 | | a form for that school year that acknowledges receiving and |
17 | | reading written information that explains concussion |
18 | | prevention, symptoms, treatment, and oversight and that |
19 | | includes guidelines for safely resuming participation in an |
20 | | athletic activity following a concussion. The form must be |
21 | | approved by the Illinois High School Association. |
22 | | (f) A student must be removed from an interscholastic |
23 | | athletics practice or competition immediately if one of the |
24 | | following persons believes the student might have sustained a |
25 | | concussion during the practice or competition: |
26 | | (1) a coach; |
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1 | | (2) a physician; |
2 | | (3) a game official; |
3 | | (4) an athletic trainer; |
4 | | (5) the student's parent or guardian or another person |
5 | | with legal authority to make medical decisions for the |
6 | | student; |
7 | | (6) the student; or |
8 | | (7) any other person deemed appropriate under the |
9 | | school's return-to-play protocol. |
10 | | (g) A student removed from an interscholastic athletics |
11 | | practice or competition under this Section may not be permitted |
12 | | to practice or compete again following the force or impact |
13 | | believed to have caused the concussion until: |
14 | | (1) the student has been evaluated, using established |
15 | | medical protocols based on peer-reviewed scientific |
16 | | evidence consistent with Centers for Disease Control and |
17 | | Prevention guidelines, by a treating physician (chosen by |
18 | | the student or the student's parent or guardian or another |
19 | | person with legal authority to make medical decisions for |
20 | | the student) or an athletic trainer working under the |
21 | | supervision of a physician; |
22 | | (2) the student has successfully completed each |
23 | | requirement of the return-to-play protocol established |
24 | | under this Section necessary for the student to return to |
25 | | play; |
26 | | (3) the student has successfully completed each |
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1 | | requirement of the return-to-learn protocol established |
2 | | under this Section necessary for the student to return to |
3 | | learn; |
4 | | (4) the treating physician or athletic trainer working |
5 | | under the supervision of a physician has provided a written |
6 | | statement indicating that, in the physician's professional |
7 | | judgment, it is safe for the student to return to play and |
8 | | return to learn; and |
9 | | (5) the student and the student's parent or guardian or |
10 | | another person with legal authority to make medical |
11 | | decisions for the student: |
12 | | (A) have acknowledged that the student has |
13 | | completed the requirements of the return-to-play and |
14 | | return-to-learn protocols necessary for the student to |
15 | | return to play; |
16 | | (B) have provided the treating physician's or |
17 | | athletic trainer's written statement under subdivision |
18 | | (4) of this subsection (g) to the person responsible |
19 | | for compliance with the return-to-play and |
20 | | return-to-learn protocols under this subsection (g) |
21 | | and the person who has supervisory responsibilities |
22 | | under this subsection (g); and |
23 | | (C) have signed a consent form indicating that the |
24 | | person signing: |
25 | | (i) has been informed concerning and consents |
26 | | to the student participating in returning to play |
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1 | | in accordance with the return-to-play and |
2 | | return-to-learn protocols; |
3 | | (ii) understands the risks associated with the |
4 | | student returning to play and returning to learn |
5 | | and will comply with any ongoing requirements in |
6 | | the return-to-play and return-to-learn protocols; |
7 | | and |
8 | | (iii) consents to the disclosure to |
9 | | appropriate persons, consistent with the federal |
10 | | Health Insurance Portability and Accountability |
11 | | Act of 1996 (Public Law 104-191), of the treating |
12 | | physician's or athletic trainer's written |
13 | | statement under subdivision (4) of this subsection |
14 | | (g) and, if any, the return-to-play and |
15 | | return-to-learn recommendations of the treating |
16 | | physician or the athletic trainer, as the case may |
17 | | be. |
18 | | A coach of an interscholastic athletics team may not |
19 | | authorize a student's return to play or return to learn. |
20 | | The district superintendent or the superintendent's |
21 | | designee in the case of a public elementary or secondary |
22 | | school, the chief school administrator or that person's |
23 | | designee in the case of a charter school, or the appropriate |
24 | | administrative officer or that person's designee in the case of |
25 | | a private school shall supervise an athletic trainer or other |
26 | | person responsible for compliance with the return-to-play |
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1 | | protocol and shall supervise the person responsible for |
2 | | compliance with the return-to-learn protocol. The person who |
3 | | has supervisory responsibilities under this paragraph may not |
4 | | be a coach of an interscholastic athletics team. |
5 | | (h)(1) The Illinois High School Association shall approve, |
6 | | for coaches and game officials of interscholastic athletic |
7 | | activities, training courses that provide for not less than 2 |
8 | | hours of training in the subject matter of concussions, |
9 | | including evaluation, prevention, symptoms, risks, and |
10 | | long-term effects. The Association shall maintain an updated |
11 | | list of individuals and organizations authorized by the |
12 | | Association to provide the training. |
13 | | (2) The following persons must take a training course in |
14 | | accordance with paragraph (4) of this subsection (h) from an |
15 | | authorized training provider at least once every 2 years: |
16 | | (A) a coach of an interscholastic athletic activity; |
17 | | (B) a nurse who serves as a member of a concussion |
18 | | oversight team and is an employee, representative, or agent |
19 | | of a school; |
20 | | (C) a game official of an interscholastic athletic |
21 | | activity; and |
22 | | (D) a nurse who serves on a volunteer basis as a member |
23 | | of a concussion oversight team for a school. |
24 | | (3) A physician who serves as a member of a concussion |
25 | | oversight team shall, to the greatest extent practicable, |
26 | | periodically take an appropriate continuing medical education |
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1 | | course in the subject matter of concussions. |
2 | | (4) For purposes of paragraph (2) of this subsection (h): |
3 | | (A) a coach or game officials, as the case may be, must |
4 | | take a course described in paragraph (1) of this subsection |
5 | | (h). |
6 | | (B) an athletic trainer must take a concussion-related |
7 | | continuing education course from an athletic trainer |
8 | | continuing education sponsor approved by the Department; |
9 | | and |
10 | | (C) a nurse must take a course concerning the subject |
11 | | matter of concussions that has been approved for continuing |
12 | | education credit by the Department. |
13 | | (5) Each person described in paragraph (2) of this |
14 | | subsection (h) must submit proof of timely completion of an |
15 | | approved course in compliance with paragraph (4) of this |
16 | | subsection (h) to the district superintendent or the |
17 | | superintendent's designee in the case of a public elementary or |
18 | | secondary school, the chief school administrator or that |
19 | | person's designee in the case of a charter school, or the |
20 | | appropriate administrative officer or that person's designee |
21 | | in the case of a private school. |
22 | | (6) A physician, athletic trainer, or nurse who is not in |
23 | | compliance with the training requirements under this |
24 | | subsection (h) may not serve on a concussion oversight team in |
25 | | any capacity. |
26 | | (7) A person required under this subsection (h) to take a |
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1 | | training course in the subject of concussions must initially |
2 | | complete the training not later than September 1, 2016. |
3 | | (i) The governing body of each public or charter school and |
4 | | the appropriate administrative officer of a private school with |
5 | | students enrolled who participate in an interscholastic |
6 | | athletic activity shall develop a school-specific emergency |
7 | | action plan for interscholastic athletic activities to address |
8 | | the serious injuries and acute medical conditions in which the |
9 | | condition of the student may deteriorate rapidly. The plan |
10 | | shall include a delineation of roles, methods of communication, |
11 | | available emergency equipment, and access to and a plan for |
12 | | emergency transport. This emergency action plan must be: |
13 | | (1) in writing; |
14 | | (2) reviewed by the concussion oversight team; |
15 | | (3) approved by the district superintendent or the |
16 | | superintendent's designee in the case of a public |
17 | | elementary or secondary school, the chief school |
18 | | administrator or that person's designee in the case of a |
19 | | charter school, or the appropriate administrative officer |
20 | | or that person's designee in the case of a private school; |
21 | | (4) distributed to all appropriate personnel; |
22 | | (5) posted conspicuously at all venues utilized by the |
23 | | school; and |
24 | | (6) reviewed annually by all athletic trainers, first |
25 | | responders, coaches, school nurses, athletic directors, |
26 | | and volunteers for interscholastic athletic activities. |
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1 | | (j) The State Board of Education may adopt rules as |
2 | | necessary to administer this Section.
|
3 | | (Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15; |
4 | | 99-642, eff. 7-28-16.)
|
5 | | (105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
|
6 | | Sec. 24-5. Physical fitness and professional growth. |
7 | | (a) In this Section, "employee" means any employee of a |
8 | | school district, a student teacher, an employee of a contractor |
9 | | that provides services to students or in schools, or any other |
10 | | individual subject to the requirements of Section 10-21.9 or |
11 | | 34-18.5 of this Code. |
12 | | (b) School boards shall require of new employees evidence |
13 | | of physical
fitness to perform duties assigned and freedom from |
14 | | communicable disease. Such evidence shall consist of a physical
|
15 | | examination
by a physician licensed in Illinois or any other |
16 | | state to practice medicine
and surgery in all its branches, a |
17 | | licensed advanced practice registered nurse, or a licensed |
18 | | physician assistant not more than 90 days preceding time of
|
19 | | presentation to the board, and the cost of such examination |
20 | | shall rest with the
employee. A new or existing employee may be |
21 | | subject to additional health examinations, including screening |
22 | | for tuberculosis, as required by rules adopted by the |
23 | | Department of Public Health or by order of a local public |
24 | | health official. The board may from time to time require an |
25 | | examination of any
employee by a physician licensed in Illinois |
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1 | | to practice medicine and
surgery in all its branches, a |
2 | | licensed advanced practice registered nurse, or a licensed |
3 | | physician assistant and shall pay the expenses thereof from |
4 | | school
funds. |
5 | | (c) School boards may require teachers in their employ to |
6 | | furnish from
time to time evidence of continued professional |
7 | | growth.
|
8 | | (Source: P.A. 98-716, eff. 7-16-14; 99-173, eff. 7-29-15.)
|
9 | | (105 ILCS 5/24-6)
|
10 | | Sec. 24-6. Sick leave. The school boards of all school |
11 | | districts, including special charter
districts, but not |
12 | | including school districts in municipalities of 500,000
or |
13 | | more, shall grant their full-time teachers, and also shall |
14 | | grant
such of their other employees as are eligible to |
15 | | participate in the
Illinois Municipal Retirement Fund under the |
16 | | "600-Hour Standard"
established, or under such other |
17 | | eligibility participation standard as may
from time to time be |
18 | | established, by rules and regulations now or hereafter
|
19 | | promulgated by the Board of that Fund under Section 7-198 of |
20 | | the Illinois
Pension Code, as now or hereafter amended, sick |
21 | | leave
provisions not less in amount than 10 days at full pay in |
22 | | each school year.
If any such teacher or employee does not use |
23 | | the full amount of annual leave
thus allowed, the unused amount |
24 | | shall be allowed to accumulate to a minimum
available leave of |
25 | | 180 days at full pay, including the leave of the current
year. |
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1 | | Sick leave shall be interpreted to mean personal illness, |
2 | | quarantine
at home, serious illness or death in the immediate |
3 | | family or household, or
birth, adoption, or placement for |
4 | | adoption.
The school board may require a certificate from a |
5 | | physician licensed in Illinois to practice medicine and surgery |
6 | | in all its branches, a chiropractic physician licensed under |
7 | | the Medical Practice Act of 1987, a licensed advanced practice |
8 | | registered nurse, a licensed physician assistant, or, if the |
9 | | treatment
is by prayer or spiritual means, a spiritual adviser |
10 | | or
practitioner of the teacher's or employee's faith as a basis |
11 | | for pay during leave after
an absence of 3 days for personal |
12 | | illness or 30 days for birth or as the school board may deem |
13 | | necessary in
other cases. If the school board does require a
|
14 | | certificate
as a basis for pay during leave of
less than 3 days |
15 | | for personal illness, the school board shall pay, from school |
16 | | funds, the
expenses incurred by the teachers or other employees |
17 | | in obtaining the certificate. For paid leave for adoption or |
18 | | placement for adoption, the school board may require that the |
19 | | teacher or other employee provide evidence that the formal |
20 | | adoption process is underway, and such leave is limited to 30 |
21 | | days unless a longer leave has been negotiated with the |
22 | | exclusive bargaining representative.
|
23 | | If, by reason of any change in the boundaries of school |
24 | | districts, or by
reason of the creation of a new school |
25 | | district, the employment of a
teacher is transferred to a new |
26 | | or different board, the accumulated sick
leave of such teacher |
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1 | | is not thereby lost, but is transferred to such new
or |
2 | | different district.
|
3 | | For purposes of this Section, "immediate family" shall |
4 | | include parents,
spouse, brothers, sisters, children, |
5 | | grandparents, grandchildren,
parents-in-law, brothers-in-law, |
6 | | sisters-in-law, and legal guardians.
|
7 | | (Source: P.A. 99-173, eff. 7-29-15.)
|
8 | | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
|
9 | | Sec. 26-1. Compulsory school age-Exemptions. Whoever has |
10 | | custody or control of any child (i) between the ages of 7 and |
11 | | 17
years (unless the child has already graduated from high |
12 | | school) for school years before the 2014-2015 school year or |
13 | | (ii) between the ages
of 6 (on or before September 1) and 17 |
14 | | years (unless the child has already graduated from high school) |
15 | | beginning with the 2014-2015 school year
shall cause such child |
16 | | to attend some public school in the district
wherein the child |
17 | | resides the entire time it is in session during the
regular |
18 | | school term, except as provided in Section 10-19.1, and during |
19 | | a
required summer school program established under Section |
20 | | 10-22.33B; provided,
that
the following children shall not be |
21 | | required to attend the public schools:
|
22 | | 1. Any child attending a private or a parochial school |
23 | | where children
are taught the branches of education taught |
24 | | to children of corresponding
age and grade in the public |
25 | | schools, and where the instruction of the child
in the |
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1 | | branches of education is in the English language;
|
2 | | 2. Any child who is physically or mentally unable to |
3 | | attend school, such
disability being certified to the |
4 | | county or district truant officer by a
competent physician |
5 | | licensed in Illinois to practice medicine and surgery in |
6 | | all its branches, a chiropractic physician licensed under |
7 | | the Medical Practice Act of 1987, a licensed advanced |
8 | | practice registered nurse, a licensed physician assistant, |
9 | | or a Christian Science practitioner residing in this
State |
10 | | and listed in the Christian Science Journal; or who is |
11 | | excused for
temporary absence for cause by
the principal or |
12 | | teacher of the school which the child attends; the |
13 | | exemptions
in this paragraph (2) do not apply to any female |
14 | | who is pregnant or the
mother of one or more children, |
15 | | except where a female is unable to attend
school due to a |
16 | | complication arising from her pregnancy and the existence
|
17 | | of such complication is certified to the county or district |
18 | | truant officer
by a competent physician;
|
19 | | 3. Any child necessarily and lawfully employed |
20 | | according to the
provisions of the law regulating child |
21 | | labor may be excused from attendance
at school by the |
22 | | county superintendent of schools or the superintendent of
|
23 | | the public school which the child should be attending, on |
24 | | certification of
the facts by and the recommendation of the |
25 | | school board of the public
school district in which the |
26 | | child resides. In districts having part time
continuation |
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1 | | schools, children so excused shall attend such schools at
|
2 | | least 8 hours each week;
|
3 | | 4. Any child over 12 and under 14 years of age while in |
4 | | attendance at
confirmation classes;
|
5 | | 5. Any child absent from a public school on a |
6 | | particular day or days
or at a particular time of day for |
7 | | the reason that he is unable to attend
classes or to |
8 | | participate in any examination, study or work requirements |
9 | | on
a particular day or days or at a particular time of day, |
10 | | because the tenets
of his religion forbid secular activity |
11 | | on a particular day or days or at a
particular time of day. |
12 | | Each school board shall prescribe rules and
regulations |
13 | | relative to absences for religious holidays including, but |
14 | | not
limited to, a list of religious holidays on which it |
15 | | shall be mandatory to
excuse a child; but nothing in this |
16 | | paragraph 5 shall be construed to limit
the right of any |
17 | | school board, at its discretion, to excuse an absence on
|
18 | | any other day by reason of the observance of a religious |
19 | | holiday. A school
board may require the parent or guardian |
20 | | of a child who is to be excused
from attending school due |
21 | | to the observance of a religious holiday to give
notice, |
22 | | not exceeding 5 days, of the child's absence to the school
|
23 | | principal or other school personnel. Any child excused from |
24 | | attending
school under this paragraph 5 shall not be |
25 | | required to submit a written
excuse for such absence after |
26 | | returning to school; |
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1 | | 6. Any child 16 years of age or older who (i) submits |
2 | | to a school district evidence of necessary and lawful |
3 | | employment pursuant to paragraph 3 of this Section and (ii) |
4 | | is enrolled in a graduation incentives program pursuant to |
5 | | Section 26-16 of this Code or an alternative learning |
6 | | opportunities program established pursuant to Article 13B |
7 | | of this Code; and
|
8 | | 7. A child in any of grades 6 through 12 absent from a |
9 | | public school on a particular day or days or at a |
10 | | particular time of day for the purpose of sounding "Taps" |
11 | | at a military honors funeral held in this State for a |
12 | | deceased veteran. In order to be excused under this |
13 | | paragraph 7, the student shall notify the school's |
14 | | administration at least 2 days prior to the date of the |
15 | | absence and shall provide the school's administration with |
16 | | the date, time, and location of the military
honors |
17 | | funeral. The school's administration may waive this 2-day |
18 | | notification requirement if the student did not receive at |
19 | | least 2 days advance notice, but the student shall notify |
20 | | the school's administration as soon as possible of the |
21 | | absence. A student whose absence is excused under this |
22 | | paragraph 7 shall be counted as if the student attended |
23 | | school for purposes of calculating the average daily |
24 | | attendance of students in the school district. A student |
25 | | whose absence is excused under this paragraph 7 must be |
26 | | allowed a reasonable time to make up school work missed |
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1 | | during the absence. If the student satisfactorily |
2 | | completes the school work, the day of absence shall be |
3 | | counted as a day of compulsory attendance and he or she may |
4 | | not be penalized for that absence. |
5 | | (Source: P.A. 98-544, eff. 7-1-14; 99-173, eff. 7-29-15; |
6 | | 99-804, eff. 1-1-17 .)
|
7 | | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) |
8 | | (Text of Section before amendment by P.A. 99-927 ) |
9 | | Sec. 27-8.1. Health examinations and immunizations. |
10 | | (1) In compliance with rules and regulations which the |
11 | | Department of Public
Health shall promulgate, and except as |
12 | | hereinafter provided, all children in
Illinois shall have a |
13 | | health examination as follows: within one year prior to
|
14 | | entering kindergarten or the first grade of any public, |
15 | | private, or parochial
elementary school; upon entering the |
16 | | sixth and ninth grades of any public,
private, or parochial |
17 | | school; prior to entrance into any public, private, or
|
18 | | parochial nursery school; and, irrespective of grade, |
19 | | immediately prior to or
upon entrance into any public, private, |
20 | | or parochial school or nursery school,
each child shall present |
21 | | proof of having been examined in accordance with this
Section |
22 | | and the rules and regulations promulgated hereunder. Any child |
23 | | who received a health examination within one year prior to |
24 | | entering the fifth grade for the 2007-2008 school year is not |
25 | | required to receive an additional health examination in order |
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1 | | to comply with the provisions of Public Act 95-422 when he or |
2 | | she attends school for the 2008-2009 school year, unless the |
3 | | child is attending school for the first time as provided in |
4 | | this paragraph. |
5 | | A tuberculosis skin test screening shall be included as a |
6 | | required part of
each health examination included under this |
7 | | Section if the child resides in an
area designated by the |
8 | | Department of Public Health as having a high incidence
of |
9 | | tuberculosis. Additional health examinations of pupils, |
10 | | including eye examinations, may be required when deemed |
11 | | necessary by school
authorities. Parents are encouraged to have |
12 | | their children undergo eye examinations at the same points in |
13 | | time required for health
examinations. |
14 | | (1.5) In compliance with rules adopted by the Department of |
15 | | Public Health and except as otherwise provided in this Section, |
16 | | all children in kindergarten and the second and sixth grades of |
17 | | any public, private, or parochial school shall have a dental |
18 | | examination. Each of these children shall present proof of |
19 | | having been examined by a dentist in accordance with this |
20 | | Section and rules adopted under this Section before May 15th of |
21 | | the school year. If a child in the second or sixth grade fails |
22 | | to present proof by May 15th, the school may hold the child's |
23 | | report card until one of the following occurs: (i) the child |
24 | | presents proof of a completed dental examination or (ii) the |
25 | | child presents proof that a dental examination will take place |
26 | | within 60 days after May 15th. The Department of Public Health |
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1 | | shall establish, by rule, a waiver for children who show an |
2 | | undue burden or a lack of access to a dentist. Each public, |
3 | | private, and parochial school must give notice of this dental |
4 | | examination requirement to the parents and guardians of |
5 | | students at least 60 days before May 15th of each school year.
|
6 | | (1.10) Except as otherwise provided in this Section, all |
7 | | children enrolling in kindergarten in a public, private, or |
8 | | parochial school on or after the effective date of this |
9 | | amendatory Act of the 95th General Assembly and any student |
10 | | enrolling for the first time in a public, private, or parochial |
11 | | school on or after the effective date of this amendatory Act of |
12 | | the 95th General Assembly shall have an eye examination. Each |
13 | | of these children shall present proof of having been examined |
14 | | by a physician licensed to practice medicine in all of its |
15 | | branches or a licensed optometrist within the previous year, in |
16 | | accordance with this Section and rules adopted under this |
17 | | Section, before October 15th of the school year. If the child |
18 | | fails to present proof by October 15th, the school may hold the |
19 | | child's report card until one of the following occurs: (i) the |
20 | | child presents proof of a completed eye examination or (ii) the |
21 | | child presents proof that an eye examination will take place |
22 | | within 60 days after October 15th. The Department of Public |
23 | | Health shall establish, by rule, a waiver for children who show |
24 | | an undue burden or a lack of access to a physician licensed to |
25 | | practice medicine in all of its branches who provides eye |
26 | | examinations or to a licensed optometrist. Each public, |
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1 | | private, and parochial school must give notice of this eye |
2 | | examination requirement to the parents and guardians of |
3 | | students in compliance with rules of the Department of Public |
4 | | Health. Nothing in this Section shall be construed to allow a |
5 | | school to exclude a child from attending because of a parent's |
6 | | or guardian's failure to obtain an eye examination for the |
7 | | child.
|
8 | | (2) The Department of Public Health shall promulgate rules |
9 | | and regulations
specifying the examinations and procedures |
10 | | that constitute a health examination, which shall include the |
11 | | collection of data relating to obesity
(including at a minimum, |
12 | | date of birth, gender, height, weight, blood pressure, and date |
13 | | of exam),
and a dental examination and may recommend by rule |
14 | | that certain additional examinations be performed.
The rules |
15 | | and regulations of the Department of Public Health shall |
16 | | specify that
a tuberculosis skin test screening shall be |
17 | | included as a required part of each
health examination included |
18 | | under this Section if the child resides in an area
designated |
19 | | by the Department of Public Health as having a high incidence |
20 | | of
tuberculosis.
The Department of Public Health shall specify |
21 | | that a diabetes
screening as defined by rule shall be included |
22 | | as a required part of each
health examination.
Diabetes testing |
23 | | is not required. |
24 | | Physicians licensed to practice medicine in all of its |
25 | | branches, licensed advanced
practice registered nurses, or |
26 | | licensed physician assistants shall be
responsible for the |
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1 | | performance of the health examinations, other than dental
|
2 | | examinations, eye examinations, and vision and hearing |
3 | | screening, and shall sign all report forms
required by |
4 | | subsection (4) of this Section that pertain to those portions |
5 | | of
the health examination for which the physician, advanced |
6 | | practice registered nurse, or
physician assistant is |
7 | | responsible.
If a registered
nurse performs any part of a |
8 | | health examination, then a physician licensed to
practice |
9 | | medicine in all of its branches must review and sign all |
10 | | required
report forms. Licensed dentists shall perform all |
11 | | dental examinations and
shall sign all report forms required by |
12 | | subsection (4) of this Section that
pertain to the dental |
13 | | examinations. Physicians licensed to practice medicine
in all |
14 | | its branches or licensed optometrists shall perform all eye |
15 | | examinations
required by this Section and shall sign all report |
16 | | forms required by
subsection (4) of this Section that pertain |
17 | | to the eye examination. For purposes of this Section, an eye |
18 | | examination shall at a minimum include history, visual acuity, |
19 | | subjective refraction to best visual acuity near and far, |
20 | | internal and external examination, and a glaucoma evaluation, |
21 | | as well as any other tests or observations that in the |
22 | | professional judgment of the doctor are necessary. Vision and
|
23 | | hearing screening tests, which shall not be considered |
24 | | examinations as that
term is used in this Section, shall be |
25 | | conducted in accordance with rules and
regulations of the |
26 | | Department of Public Health, and by individuals whom the
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1 | | Department of Public Health has certified.
In these rules and |
2 | | regulations, the Department of Public Health shall
require that |
3 | | individuals conducting vision screening tests give a child's
|
4 | | parent or guardian written notification, before the vision |
5 | | screening is
conducted, that states, "Vision screening is not a |
6 | | substitute for a
complete eye and vision evaluation by an eye |
7 | | doctor. Your child is not
required to undergo this vision |
8 | | screening if an optometrist or
ophthalmologist has completed |
9 | | and signed a report form indicating that
an examination has |
10 | | been administered within the previous 12 months." |
11 | | (3) Every child shall, at or about the same time as he or |
12 | | she receives
a health examination required by subsection (1) of |
13 | | this Section, present
to the local school proof of having |
14 | | received such immunizations against
preventable communicable |
15 | | diseases as the Department of Public Health shall
require by |
16 | | rules and regulations promulgated pursuant to this Section and |
17 | | the
Communicable Disease Prevention Act. |
18 | | (4) The individuals conducting the health examination,
|
19 | | dental examination, or eye examination shall record the
fact of |
20 | | having conducted the examination, and such additional |
21 | | information as
required, including for a health examination
|
22 | | data relating to obesity
(including at a minimum, date of |
23 | | birth, gender, height, weight, blood pressure, and date of |
24 | | exam), on uniform forms which the Department of Public Health |
25 | | and the State
Board of Education shall prescribe for statewide |
26 | | use. The examiner shall
summarize on the report form any |
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1 | | condition that he or she suspects indicates a
need for special |
2 | | services, including for a health examination factors relating |
3 | | to obesity. The individuals confirming the administration of
|
4 | | required immunizations shall record as indicated on the form |
5 | | that the
immunizations were administered. |
6 | | (5) If a child does not submit proof of having had either |
7 | | the health
examination or the immunization as required, then |
8 | | the child shall be examined
or receive the immunization, as the |
9 | | case may be, and present proof by October
15 of the current |
10 | | school year, or by an earlier date of the current school year
|
11 | | established by a school district. To establish a date before |
12 | | October 15 of the
current school year for the health |
13 | | examination or immunization as required, a
school district must |
14 | | give notice of the requirements of this Section 60 days
prior |
15 | | to the earlier established date. If for medical reasons one or |
16 | | more of
the required immunizations must be given after October |
17 | | 15 of the current school
year, or after an earlier established |
18 | | date of the current school year, then
the child shall present, |
19 | | by October 15, or by the earlier established date, a
schedule |
20 | | for the administration of the immunizations and a statement of |
21 | | the
medical reasons causing the delay, both the schedule and |
22 | | the statement being
issued by the physician, advanced practice |
23 | | registered nurse, physician assistant,
registered nurse, or |
24 | | local health department that will
be responsible for |
25 | | administration of the remaining required immunizations. If
a |
26 | | child does not comply by October 15, or by the earlier |
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1 | | established date of
the current school year, with the |
2 | | requirements of this subsection, then the
local school |
3 | | authority shall exclude that child from school until such time |
4 | | as
the child presents proof of having had the health |
5 | | examination as required and
presents proof of having received |
6 | | those required immunizations which are
medically possible to |
7 | | receive immediately. During a child's exclusion from
school for |
8 | | noncompliance with this subsection, the child's parents or |
9 | | legal
guardian shall be considered in violation of Section 26-1 |
10 | | and subject to any
penalty imposed by Section 26-10. This |
11 | | subsection (5) does not apply to dental examinations and eye |
12 | | examinations. If the student is an out-of-state transfer |
13 | | student and does not have the proof required under this |
14 | | subsection (5) before October 15 of the current year or |
15 | | whatever date is set by the school district, then he or she may |
16 | | only attend classes (i) if he or she has proof that an |
17 | | appointment for the required vaccinations has been scheduled |
18 | | with a party authorized to submit proof of the required |
19 | | vaccinations. If the proof of vaccination required under this |
20 | | subsection (5) is not submitted within 30 days after the |
21 | | student is permitted to attend classes, then the student is not |
22 | | to be permitted to attend classes until proof of the |
23 | | vaccinations has been properly submitted. No school district or |
24 | | employee of a school district shall be held liable for any |
25 | | injury or illness to another person that results from admitting |
26 | | an out-of-state transfer student to class that has an |
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1 | | appointment scheduled pursuant to this subsection (5). |
2 | | (6) Every school shall report to the State Board of |
3 | | Education by November
15, in the manner which that agency shall |
4 | | require, the number of children who
have received the necessary |
5 | | immunizations and the health examination (other than a dental |
6 | | examination or eye examination) as
required, indicating, of |
7 | | those who have not received the immunizations and
examination |
8 | | as required, the number of children who are exempt from health
|
9 | | examination and immunization requirements on religious or |
10 | | medical grounds as
provided in subsection (8). On or before |
11 | | December 1 of each year, every public school district and |
12 | | registered nonpublic school shall make publicly available the |
13 | | immunization data they are required to submit to the State |
14 | | Board of Education by November 15. The immunization data made |
15 | | publicly available must be identical to the data the school |
16 | | district or school has reported to the State Board of |
17 | | Education. |
18 | | Every school shall report to the State Board of Education |
19 | | by June 30, in the manner that the State Board requires, the |
20 | | number of children who have received the required dental |
21 | | examination, indicating, of those who have not received the |
22 | | required dental examination, the number of children who are |
23 | | exempt from the dental examination on religious grounds as |
24 | | provided in subsection (8) of this Section and the number of |
25 | | children who have received a waiver under subsection (1.5) of |
26 | | this Section. |
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1 | | Every school shall report to the State Board of Education |
2 | | by June 30, in the manner that the State Board requires, the |
3 | | number of children who have received the required eye |
4 | | examination, indicating, of those who have not received the |
5 | | required eye examination, the number of children who are exempt |
6 | | from the eye examination as provided in subsection (8) of this |
7 | | Section, the number of children who have received a waiver |
8 | | under subsection (1.10) of this Section, and the total number |
9 | | of children in noncompliance with the eye examination |
10 | | requirement. |
11 | | The reported information under this subsection (6) shall be |
12 | | provided to the
Department of Public Health by the State Board |
13 | | of Education. |
14 | | (7) Upon determining that the number of pupils who are |
15 | | required to be in
compliance with subsection (5) of this |
16 | | Section is below 90% of the number of
pupils enrolled in the |
17 | | school district, 10% of each State aid payment made
pursuant to |
18 | | Section 18-8.05 to the school district for such year may be |
19 | | withheld
by the State Board of Education until the number of |
20 | | students in compliance with
subsection (5) is the applicable |
21 | | specified percentage or higher. |
22 | | (8) Children of parents or legal guardians who object to |
23 | | health, dental, or eye examinations or any part thereof, to |
24 | | immunizations, or to vision and hearing screening tests on |
25 | | religious grounds shall not be required to undergo the |
26 | | examinations, tests, or immunizations to which they so object |
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1 | | if such parents or legal guardians present to the appropriate |
2 | | local school authority a signed Certificate of Religious |
3 | | Exemption detailing the grounds for objection and the specific |
4 | | immunizations, tests, or examinations to which they object. The |
5 | | grounds for objection must set forth the specific religious |
6 | | belief that conflicts with the examination, test, |
7 | | immunization, or other medical intervention. The signed |
8 | | certificate shall also reflect the parent's or legal guardian's |
9 | | understanding of the school's exclusion policies in the case of |
10 | | a vaccine-preventable disease outbreak or exposure. The |
11 | | certificate must also be signed by the authorized examining |
12 | | health care provider responsible for the performance of the |
13 | | child's health examination confirming that the provider |
14 | | provided education to the parent or legal guardian on the |
15 | | benefits of immunization and the health risks to the student |
16 | | and to the community of the communicable diseases for which |
17 | | immunization is required in this State. However, the health |
18 | | care provider's signature on the certificate reflects only that |
19 | | education was provided and does not allow a health care |
20 | | provider grounds to determine a religious exemption. Those |
21 | | receiving immunizations required under this Code shall be |
22 | | provided with the relevant vaccine information statements that |
23 | | are required to be disseminated by the federal National |
24 | | Childhood Vaccine Injury Act of 1986, which may contain |
25 | | information on circumstances when a vaccine should not be |
26 | | administered, prior to administering a vaccine. A healthcare |
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1 | | provider may consider including without limitation the |
2 | | nationally accepted recommendations from federal agencies such |
3 | | as the Advisory Committee on Immunization Practices, the |
4 | | information outlined in the relevant vaccine information |
5 | | statement, and vaccine package inserts, along with the |
6 | | healthcare provider's clinical judgment, to determine whether |
7 | | any child may be more susceptible to experiencing an adverse |
8 | | vaccine reaction than the general population, and, if so, the |
9 | | healthcare provider may exempt the child from an immunization |
10 | | or adopt an individualized immunization schedule. The |
11 | | Certificate of Religious Exemption shall be created by the |
12 | | Department of Public Health and shall be made available and |
13 | | used by parents and legal guardians by the beginning of the |
14 | | 2015-2016 school year. Parents or legal guardians must submit |
15 | | the Certificate of Religious Exemption to their local school |
16 | | authority prior to entering kindergarten, sixth grade, and |
17 | | ninth grade for each child for which they are requesting an |
18 | | exemption. The religious objection stated need not be directed |
19 | | by the tenets of an established religious organization. |
20 | | However, general philosophical or moral reluctance to allow |
21 | | physical examinations, eye examinations, immunizations, vision |
22 | | and hearing screenings, or dental examinations does not provide |
23 | | a sufficient basis for an exception to statutory requirements. |
24 | | The local school authority is responsible for determining if
|
25 | | the content of the Certificate of Religious Exemption
|
26 | | constitutes a valid religious objection.
The local school |
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1 | | authority shall inform the parent or legal guardian of |
2 | | exclusion procedures, in accordance with the Department's |
3 | | rules under Part 690 of Title 77 of the Illinois Administrative |
4 | | Code, at the time the objection is presented. |
5 | | If the physical condition
of the child is such that any one |
6 | | or more of the immunizing agents should not
be administered, |
7 | | the examining physician, advanced practice registered nurse, |
8 | | or
physician assistant responsible for the performance of the
|
9 | | health examination shall endorse that fact upon the health |
10 | | examination form. |
11 | | Exempting a child from the health,
dental, or eye |
12 | | examination does not exempt the child from
participation in the |
13 | | program of physical education training provided in
Sections |
14 | | 27-5 through 27-7 of this Code. |
15 | | (9) For the purposes of this Section, "nursery schools" |
16 | | means those nursery
schools operated by elementary school |
17 | | systems or secondary level school units
or institutions of |
18 | | higher learning. |
19 | | (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; |
20 | | 99-249, eff. 8-3-15; 99-642, eff. 7-28-16.) |
21 | | (Text of Section after amendment by P.A. 99-927 ) |
22 | | Sec. 27-8.1. Health examinations and immunizations. |
23 | | (1) In compliance with rules and regulations which the |
24 | | Department of Public
Health shall promulgate, and except as |
25 | | hereinafter provided, all children in
Illinois shall have a |
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1 | | health examination as follows: within one year prior to
|
2 | | entering kindergarten or the first grade of any public, |
3 | | private, or parochial
elementary school; upon entering the |
4 | | sixth and ninth grades of any public,
private, or parochial |
5 | | school; prior to entrance into any public, private, or
|
6 | | parochial nursery school; and, irrespective of grade, |
7 | | immediately prior to or
upon entrance into any public, private, |
8 | | or parochial school or nursery school,
each child shall present |
9 | | proof of having been examined in accordance with this
Section |
10 | | and the rules and regulations promulgated hereunder. Any child |
11 | | who received a health examination within one year prior to |
12 | | entering the fifth grade for the 2007-2008 school year is not |
13 | | required to receive an additional health examination in order |
14 | | to comply with the provisions of Public Act 95-422 when he or |
15 | | she attends school for the 2008-2009 school year, unless the |
16 | | child is attending school for the first time as provided in |
17 | | this paragraph. |
18 | | A tuberculosis skin test screening shall be included as a |
19 | | required part of
each health examination included under this |
20 | | Section if the child resides in an
area designated by the |
21 | | Department of Public Health as having a high incidence
of |
22 | | tuberculosis. Additional health examinations of pupils, |
23 | | including eye examinations, may be required when deemed |
24 | | necessary by school
authorities. Parents are encouraged to have |
25 | | their children undergo eye examinations at the same points in |
26 | | time required for health
examinations. |
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1 | | (1.5) In compliance with rules adopted by the Department of |
2 | | Public Health and except as otherwise provided in this Section, |
3 | | all children in kindergarten and the second and sixth grades of |
4 | | any public, private, or parochial school shall have a dental |
5 | | examination. Each of these children shall present proof of |
6 | | having been examined by a dentist in accordance with this |
7 | | Section and rules adopted under this Section before May 15th of |
8 | | the school year. If a child in the second or sixth grade fails |
9 | | to present proof by May 15th, the school may hold the child's |
10 | | report card until one of the following occurs: (i) the child |
11 | | presents proof of a completed dental examination or (ii) the |
12 | | child presents proof that a dental examination will take place |
13 | | within 60 days after May 15th. The Department of Public Health |
14 | | shall establish, by rule, a waiver for children who show an |
15 | | undue burden or a lack of access to a dentist. Each public, |
16 | | private, and parochial school must give notice of this dental |
17 | | examination requirement to the parents and guardians of |
18 | | students at least 60 days before May 15th of each school year.
|
19 | | (1.10) Except as otherwise provided in this Section, all |
20 | | children enrolling in kindergarten in a public, private, or |
21 | | parochial school on or after the effective date of this |
22 | | amendatory Act of the 95th General Assembly and any student |
23 | | enrolling for the first time in a public, private, or parochial |
24 | | school on or after the effective date of this amendatory Act of |
25 | | the 95th General Assembly shall have an eye examination. Each |
26 | | of these children shall present proof of having been examined |
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1 | | by a physician licensed to practice medicine in all of its |
2 | | branches or a licensed optometrist within the previous year, in |
3 | | accordance with this Section and rules adopted under this |
4 | | Section, before October 15th of the school year. If the child |
5 | | fails to present proof by October 15th, the school may hold the |
6 | | child's report card until one of the following occurs: (i) the |
7 | | child presents proof of a completed eye examination or (ii) the |
8 | | child presents proof that an eye examination will take place |
9 | | within 60 days after October 15th. The Department of Public |
10 | | Health shall establish, by rule, a waiver for children who show |
11 | | an undue burden or a lack of access to a physician licensed to |
12 | | practice medicine in all of its branches who provides eye |
13 | | examinations or to a licensed optometrist. Each public, |
14 | | private, and parochial school must give notice of this eye |
15 | | examination requirement to the parents and guardians of |
16 | | students in compliance with rules of the Department of Public |
17 | | Health. Nothing in this Section shall be construed to allow a |
18 | | school to exclude a child from attending because of a parent's |
19 | | or guardian's failure to obtain an eye examination for the |
20 | | child.
|
21 | | (2) The Department of Public Health shall promulgate rules |
22 | | and regulations
specifying the examinations and procedures |
23 | | that constitute a health examination, which shall include an |
24 | | age-appropriate developmental screening, an age-appropriate |
25 | | social and emotional screening, and the collection of data |
26 | | relating to obesity
(including at a minimum, date of birth, |
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1 | | gender, height, weight, blood pressure, and date of exam),
and |
2 | | a dental examination and may recommend by rule that certain |
3 | | additional examinations be performed.
The rules and |
4 | | regulations of the Department of Public Health shall specify |
5 | | that
a tuberculosis skin test screening shall be included as a |
6 | | required part of each
health examination included under this |
7 | | Section if the child resides in an area
designated by the |
8 | | Department of Public Health as having a high incidence of
|
9 | | tuberculosis.
With respect to the developmental screening and |
10 | | the social and emotional screening, the Department of Public |
11 | | Health must develop rules and appropriate revisions to the |
12 | | Child Health Examination form in conjunction with a statewide |
13 | | organization representing school boards; a statewide |
14 | | organization representing pediatricians; statewide |
15 | | organizations representing individuals holding Illinois |
16 | | educator licenses with school support personnel endorsements, |
17 | | including school social workers, school psychologists, and |
18 | | school nurses; a statewide organization representing |
19 | | children's mental health experts; a statewide organization |
20 | | representing school principals; the Director of Healthcare and |
21 | | Family Services or his or her designee, the State |
22 | | Superintendent of Education or his or her designee; and |
23 | | representatives of other appropriate State agencies and, at a |
24 | | minimum, must recommend the use of validated screening tools |
25 | | appropriate to the child's age or grade, and, with regard to |
26 | | the social and emotional screening, require recording only |
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1 | | whether or not the screening was completed. The rules shall |
2 | | take into consideration the screening recommendations of the |
3 | | American Academy of Pediatrics and must be consistent with the |
4 | | State Board of Education's social and emotional learning |
5 | | standards. The Department of Public Health shall specify that a |
6 | | diabetes
screening as defined by rule shall be included as a |
7 | | required part of each
health examination.
Diabetes testing is |
8 | | not required. |
9 | | Physicians licensed to practice medicine in all of its |
10 | | branches, licensed advanced
practice registered nurses, or |
11 | | licensed physician assistants shall be
responsible for the |
12 | | performance of the health examinations, other than dental
|
13 | | examinations, eye examinations, and vision and hearing |
14 | | screening, and shall sign all report forms
required by |
15 | | subsection (4) of this Section that pertain to those portions |
16 | | of
the health examination for which the physician, advanced |
17 | | practice registered nurse, or
physician assistant is |
18 | | responsible.
If a registered
nurse performs any part of a |
19 | | health examination, then a physician licensed to
practice |
20 | | medicine in all of its branches must review and sign all |
21 | | required
report forms. Licensed dentists shall perform all |
22 | | dental examinations and
shall sign all report forms required by |
23 | | subsection (4) of this Section that
pertain to the dental |
24 | | examinations. Physicians licensed to practice medicine
in all |
25 | | its branches or licensed optometrists shall perform all eye |
26 | | examinations
required by this Section and shall sign all report |
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1 | | forms required by
subsection (4) of this Section that pertain |
2 | | to the eye examination. For purposes of this Section, an eye |
3 | | examination shall at a minimum include history, visual acuity, |
4 | | subjective refraction to best visual acuity near and far, |
5 | | internal and external examination, and a glaucoma evaluation, |
6 | | as well as any other tests or observations that in the |
7 | | professional judgment of the doctor are necessary. Vision and
|
8 | | hearing screening tests, which shall not be considered |
9 | | examinations as that
term is used in this Section, shall be |
10 | | conducted in accordance with rules and
regulations of the |
11 | | Department of Public Health, and by individuals whom the
|
12 | | Department of Public Health has certified.
In these rules and |
13 | | regulations, the Department of Public Health shall
require that |
14 | | individuals conducting vision screening tests give a child's
|
15 | | parent or guardian written notification, before the vision |
16 | | screening is
conducted, that states, "Vision screening is not a |
17 | | substitute for a
complete eye and vision evaluation by an eye |
18 | | doctor. Your child is not
required to undergo this vision |
19 | | screening if an optometrist or
ophthalmologist has completed |
20 | | and signed a report form indicating that
an examination has |
21 | | been administered within the previous 12 months." |
22 | | (2.5) With respect to the developmental screening and the |
23 | | social and emotional screening portion of the health |
24 | | examination, each child may present proof of having been |
25 | | screened in accordance with this Section and the rules adopted |
26 | | under this Section before October 15th of the school year. With |
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1 | | regard to the social and emotional screening only, the |
2 | | examining health care provider shall only record whether or not |
3 | | the screening was completed. If the child fails to present |
4 | | proof of the developmental screening or the social and |
5 | | emotional screening portions of the health examination by |
6 | | October 15th of the school year, qualified school support |
7 | | personnel may, with a parent's or guardian's consent, offer the |
8 | | developmental screening or the social and emotional screening |
9 | | to the child. Each public, private, and parochial school must |
10 | | give notice of the developmental screening and social and |
11 | | emotional screening requirements to the parents and guardians |
12 | | of students in compliance with the rules of the Department of |
13 | | Public Health. Nothing in this Section shall be construed to |
14 | | allow a school to exclude a child from attending because of a |
15 | | parent's or guardian's failure to obtain a developmental |
16 | | screening or a social and emotional screening for the child. |
17 | | Once a developmental screening or a social and emotional |
18 | | screening is completed and proof has been presented to the |
19 | | school, the school may, with a parent's or guardian's consent, |
20 | | make available appropriate school personnel to work with the |
21 | | parent or guardian, the child, and the provider who signed the |
22 | | screening form to obtain any appropriate evaluations and |
23 | | services as indicated on the form and in other information and |
24 | | documentation provided by the parents, guardians, or provider. |
25 | | (3) Every child shall, at or about the same time as he or |
26 | | she receives
a health examination required by subsection (1) of |
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1 | | this Section, present
to the local school proof of having |
2 | | received such immunizations against
preventable communicable |
3 | | diseases as the Department of Public Health shall
require by |
4 | | rules and regulations promulgated pursuant to this Section and |
5 | | the
Communicable Disease Prevention Act. |
6 | | (4) The individuals conducting the health examination,
|
7 | | dental examination, or eye examination shall record the
fact of |
8 | | having conducted the examination, and such additional |
9 | | information as
required, including for a health examination
|
10 | | data relating to obesity
(including at a minimum, date of |
11 | | birth, gender, height, weight, blood pressure, and date of |
12 | | exam), on uniform forms which the Department of Public Health |
13 | | and the State
Board of Education shall prescribe for statewide |
14 | | use. The examiner shall
summarize on the report form any |
15 | | condition that he or she suspects indicates a
need for special |
16 | | services, including for a health examination factors relating |
17 | | to obesity. The duty to summarize on the report form does not |
18 | | apply to social and emotional screenings. The confidentiality |
19 | | of the information and records relating to the developmental |
20 | | screening and the social and emotional screening shall be |
21 | | determined by the statutes, rules, and professional ethics |
22 | | governing the type of provider conducting the screening. The |
23 | | individuals confirming the administration of
required |
24 | | immunizations shall record as indicated on the form that the
|
25 | | immunizations were administered. |
26 | | (5) If a child does not submit proof of having had either |
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1 | | the health
examination or the immunization as required, then |
2 | | the child shall be examined
or receive the immunization, as the |
3 | | case may be, and present proof by October
15 of the current |
4 | | school year, or by an earlier date of the current school year
|
5 | | established by a school district. To establish a date before |
6 | | October 15 of the
current school year for the health |
7 | | examination or immunization as required, a
school district must |
8 | | give notice of the requirements of this Section 60 days
prior |
9 | | to the earlier established date. If for medical reasons one or |
10 | | more of
the required immunizations must be given after October |
11 | | 15 of the current school
year, or after an earlier established |
12 | | date of the current school year, then
the child shall present, |
13 | | by October 15, or by the earlier established date, a
schedule |
14 | | for the administration of the immunizations and a statement of |
15 | | the
medical reasons causing the delay, both the schedule and |
16 | | the statement being
issued by the physician, advanced practice |
17 | | registered nurse, physician assistant,
registered nurse, or |
18 | | local health department that will
be responsible for |
19 | | administration of the remaining required immunizations. If
a |
20 | | child does not comply by October 15, or by the earlier |
21 | | established date of
the current school year, with the |
22 | | requirements of this subsection, then the
local school |
23 | | authority shall exclude that child from school until such time |
24 | | as
the child presents proof of having had the health |
25 | | examination as required and
presents proof of having received |
26 | | those required immunizations which are
medically possible to |
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1 | | receive immediately. During a child's exclusion from
school for |
2 | | noncompliance with this subsection, the child's parents or |
3 | | legal
guardian shall be considered in violation of Section 26-1 |
4 | | and subject to any
penalty imposed by Section 26-10. This |
5 | | subsection (5) does not apply to dental examinations, eye |
6 | | examinations, and the developmental screening and the social |
7 | | and emotional screening portions of the health examination. If |
8 | | the student is an out-of-state transfer student and does not |
9 | | have the proof required under this subsection (5) before |
10 | | October 15 of the current year or whatever date is set by the |
11 | | school district, then he or she may only attend classes (i) if |
12 | | he or she has proof that an appointment for the required |
13 | | vaccinations has been scheduled with a party authorized to |
14 | | submit proof of the required vaccinations. If the proof of |
15 | | vaccination required under this subsection (5) is not submitted |
16 | | within 30 days after the student is permitted to attend |
17 | | classes, then the student is not to be permitted to attend |
18 | | classes until proof of the vaccinations has been properly |
19 | | submitted. No school district or employee of a school district |
20 | | shall be held liable for any injury or illness to another |
21 | | person that results from admitting an out-of-state transfer |
22 | | student to class that has an appointment scheduled pursuant to |
23 | | this subsection (5). |
24 | | (6) Every school shall report to the State Board of |
25 | | Education by November
15, in the manner which that agency shall |
26 | | require, the number of children who
have received the necessary |
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1 | | immunizations and the health examination (other than a dental |
2 | | examination or eye examination) as
required, indicating, of |
3 | | those who have not received the immunizations and
examination |
4 | | as required, the number of children who are exempt from health
|
5 | | examination and immunization requirements on religious or |
6 | | medical grounds as
provided in subsection (8). On or before |
7 | | December 1 of each year, every public school district and |
8 | | registered nonpublic school shall make publicly available the |
9 | | immunization data they are required to submit to the State |
10 | | Board of Education by November 15. The immunization data made |
11 | | publicly available must be identical to the data the school |
12 | | district or school has reported to the State Board of |
13 | | Education. |
14 | | Every school shall report to the State Board of Education |
15 | | by June 30, in the manner that the State Board requires, the |
16 | | number of children who have received the required dental |
17 | | examination, indicating, of those who have not received the |
18 | | required dental examination, the number of children who are |
19 | | exempt from the dental examination on religious grounds as |
20 | | provided in subsection (8) of this Section and the number of |
21 | | children who have received a waiver under subsection (1.5) of |
22 | | this Section. |
23 | | Every school shall report to the State Board of Education |
24 | | by June 30, in the manner that the State Board requires, the |
25 | | number of children who have received the required eye |
26 | | examination, indicating, of those who have not received the |
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1 | | required eye examination, the number of children who are exempt |
2 | | from the eye examination as provided in subsection (8) of this |
3 | | Section, the number of children who have received a waiver |
4 | | under subsection (1.10) of this Section, and the total number |
5 | | of children in noncompliance with the eye examination |
6 | | requirement. |
7 | | The reported information under this subsection (6) shall be |
8 | | provided to the
Department of Public Health by the State Board |
9 | | of Education. |
10 | | (7) Upon determining that the number of pupils who are |
11 | | required to be in
compliance with subsection (5) of this |
12 | | Section is below 90% of the number of
pupils enrolled in the |
13 | | school district, 10% of each State aid payment made
pursuant to |
14 | | Section 18-8.05 to the school district for such year may be |
15 | | withheld
by the State Board of Education until the number of |
16 | | students in compliance with
subsection (5) is the applicable |
17 | | specified percentage or higher. |
18 | | (8) Children of parents or legal guardians who object to |
19 | | health, dental, or eye examinations or any part thereof, to |
20 | | immunizations, or to vision and hearing screening tests on |
21 | | religious grounds shall not be required to undergo the |
22 | | examinations, tests, or immunizations to which they so object |
23 | | if such parents or legal guardians present to the appropriate |
24 | | local school authority a signed Certificate of Religious |
25 | | Exemption detailing the grounds for objection and the specific |
26 | | immunizations, tests, or examinations to which they object. The |
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1 | | grounds for objection must set forth the specific religious |
2 | | belief that conflicts with the examination, test, |
3 | | immunization, or other medical intervention. The signed |
4 | | certificate shall also reflect the parent's or legal guardian's |
5 | | understanding of the school's exclusion policies in the case of |
6 | | a vaccine-preventable disease outbreak or exposure. The |
7 | | certificate must also be signed by the authorized examining |
8 | | health care provider responsible for the performance of the |
9 | | child's health examination confirming that the provider |
10 | | provided education to the parent or legal guardian on the |
11 | | benefits of immunization and the health risks to the student |
12 | | and to the community of the communicable diseases for which |
13 | | immunization is required in this State. However, the health |
14 | | care provider's signature on the certificate reflects only that |
15 | | education was provided and does not allow a health care |
16 | | provider grounds to determine a religious exemption. Those |
17 | | receiving immunizations required under this Code shall be |
18 | | provided with the relevant vaccine information statements that |
19 | | are required to be disseminated by the federal National |
20 | | Childhood Vaccine Injury Act of 1986, which may contain |
21 | | information on circumstances when a vaccine should not be |
22 | | administered, prior to administering a vaccine. A healthcare |
23 | | provider may consider including without limitation the |
24 | | nationally accepted recommendations from federal agencies such |
25 | | as the Advisory Committee on Immunization Practices, the |
26 | | information outlined in the relevant vaccine information |
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1 | | statement, and vaccine package inserts, along with the |
2 | | healthcare provider's clinical judgment, to determine whether |
3 | | any child may be more susceptible to experiencing an adverse |
4 | | vaccine reaction than the general population, and, if so, the |
5 | | healthcare provider may exempt the child from an immunization |
6 | | or adopt an individualized immunization schedule. The |
7 | | Certificate of Religious Exemption shall be created by the |
8 | | Department of Public Health and shall be made available and |
9 | | used by parents and legal guardians by the beginning of the |
10 | | 2015-2016 school year. Parents or legal guardians must submit |
11 | | the Certificate of Religious Exemption to their local school |
12 | | authority prior to entering kindergarten, sixth grade, and |
13 | | ninth grade for each child for which they are requesting an |
14 | | exemption. The religious objection stated need not be directed |
15 | | by the tenets of an established religious organization. |
16 | | However, general philosophical or moral reluctance to allow |
17 | | physical examinations, eye examinations, immunizations, vision |
18 | | and hearing screenings, or dental examinations does not provide |
19 | | a sufficient basis for an exception to statutory requirements. |
20 | | The local school authority is responsible for determining if
|
21 | | the content of the Certificate of Religious Exemption
|
22 | | constitutes a valid religious objection.
The local school |
23 | | authority shall inform the parent or legal guardian of |
24 | | exclusion procedures, in accordance with the Department's |
25 | | rules under Part 690 of Title 77 of the Illinois Administrative |
26 | | Code, at the time the objection is presented. |
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1 | | If the physical condition
of the child is such that any one |
2 | | or more of the immunizing agents should not
be administered, |
3 | | the examining physician, advanced practice registered nurse, |
4 | | or
physician assistant responsible for the performance of the
|
5 | | health examination shall endorse that fact upon the health |
6 | | examination form. |
7 | | Exempting a child from the health,
dental, or eye |
8 | | examination does not exempt the child from
participation in the |
9 | | program of physical education training provided in
Sections |
10 | | 27-5 through 27-7 of this Code. |
11 | | (9) For the purposes of this Section, "nursery schools" |
12 | | means those nursery
schools operated by elementary school |
13 | | systems or secondary level school units
or institutions of |
14 | | higher learning. |
15 | | (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; |
16 | | 99-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff. |
17 | | 6-1-17.) |
18 | | Section 90. The Care of Students with Diabetes Act is |
19 | | amended by changing Section 10 as follows: |
20 | | (105 ILCS 145/10)
|
21 | | Sec. 10. Definitions. As used in this Act:
|
22 | | "Delegated care aide" means a school employee who has |
23 | | agreed to receive training in diabetes care and to assist |
24 | | students in implementing their diabetes care plan and has |
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1 | | entered into an agreement with a parent or guardian and the |
2 | | school district or private school.
|
3 | | "Diabetes care plan" means a document that specifies the |
4 | | diabetes-related services needed by a student at school and at |
5 | | school-sponsored activities and identifies the appropriate |
6 | | staff to provide and supervise these services.
|
7 | | "Health care provider" means a physician licensed to |
8 | | practice medicine in all of its branches, advanced practice |
9 | | registered nurse who has a written agreement with a |
10 | | collaborating physician who authorizes the provision of |
11 | | diabetes care, or a physician assistant who has a written |
12 | | supervision agreement with a supervising physician who |
13 | | authorizes the provision of diabetes care. |
14 | | "Principal" means the principal of the school.
|
15 | | "School" means any primary or secondary public, charter, or |
16 | | private school located in this State.
|
17 | | "School employee" means a person who is employed by a |
18 | | public school district or private school, a person who is |
19 | | employed by a local health department and assigned to a school, |
20 | | or a person who contracts with a school or school district to |
21 | | perform services in connection with a student's diabetes care |
22 | | plan.
This definition must not be interpreted as requiring a |
23 | | school district or private school to hire additional personnel |
24 | | for the sole purpose of serving as a designated care aide.
|
25 | | (Source: P.A. 96-1485, eff. 12-1-10.) |
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1 | | Section 95. The Nursing Education Scholarship Law is |
2 | | amended by changing Sections 3, 5, and 6.5 as follows:
|
3 | | (110 ILCS 975/3) (from Ch. 144, par. 2753)
|
4 | | Sec. 3. Definitions.
|
5 | | The following terms, whenever used or referred to, have the |
6 | | following
meanings except where the context clearly indicates |
7 | | otherwise:
|
8 | | (1) "Board" means the Board of Higher Education created by |
9 | | the Board
of Higher Education Act.
|
10 | | (2) "Department" means the Illinois Department of Public |
11 | | Health.
|
12 | | (3) "Approved institution" means a public community |
13 | | college, private
junior college, hospital-based diploma in |
14 | | nursing
program, or public or private
college or university |
15 | | located in this State that has approval by the Department of |
16 | | Professional
Regulation for an associate degree in nursing
|
17 | | program,
associate degree in applied
sciences in nursing |
18 | | program, hospital-based diploma in nursing
program,
|
19 | | baccalaureate degree in nursing program, graduate degree in |
20 | | nursing program, or
certificate in practical
nursing program.
|
21 | | (4) "Baccalaureate degree in nursing program" means a |
22 | | program offered by
an
approved institution and leading to a |
23 | | bachelor of science degree in nursing.
|
24 | | (5) "Enrollment" means the establishment and maintenance |
25 | | of an
individual's status as a student in an approved |
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1 | | institution, regardless of
the terms used at the institution to |
2 | | describe such status.
|
3 | | (6) "Academic year" means the period of time from September |
4 | | 1 of one
year through August 31 of the next year or as |
5 | | otherwise defined by the
academic institution.
|
6 | | (7) "Associate degree in nursing program or hospital-based |
7 | | diploma in
nursing program" means a program
offered by an |
8 | | approved institution and leading to an associate
degree in
|
9 | | nursing, associate degree in applied sciences in nursing, or
|
10 | | hospital-based diploma in nursing.
|
11 | | (8) "Graduate degree in nursing program" means a program |
12 | | offered by an approved institution and leading to a master of |
13 | | science degree in nursing or a doctorate of philosophy or |
14 | | doctorate of nursing degree in nursing.
|
15 | | (9) "Director" means the Director of the Illinois |
16 | | Department of Public
Health.
|
17 | | (10) "Accepted for admission" means a student has completed |
18 | | the
requirements for entry into an associate degree in nursing |
19 | | program,
associate degree in applied sciences in nursing |
20 | | program, hospital-based
diploma in nursing program,
|
21 | | baccalaureate degree in nursing program, graduate degree in |
22 | | nursing program, or
certificate in practical nursing program at |
23 | | an approved institution, as
documented by the
institution.
|
24 | | (11) "Fees" means those mandatory charges, in addition to |
25 | | tuition, that
all enrolled students must pay, including |
26 | | required course or lab fees.
|
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1 | | (12) "Full-time student" means a student enrolled for at |
2 | | least 12 hours
per
term or as otherwise determined by the |
3 | | academic institution.
|
4 | | (13) "Law" means the Nursing Education Scholarship Law.
|
5 | | (14) "Nursing employment obligation" means employment in |
6 | | this State as a
registered
professional
nurse, licensed |
7 | | practical nurse, or advanced practice registered nurse in |
8 | | direct patient care
for at least one year for each year of |
9 | | scholarship assistance received through
the Nursing
Education |
10 | | Scholarship Program.
|
11 | | (15) "Part-time student" means a person who is enrolled for |
12 | | at least
one-third of the number of hours required per term by |
13 | | a school for its
full-time students.
|
14 | | (16) "Practical nursing program" means a program offered by |
15 | | an approved
institution leading to a certificate in practical |
16 | | nursing.
|
17 | | (17) "Registered professional nurse" means a
person who is |
18 | | currently licensed as a registered professional nurse
by the |
19 | | Department of Professional
Regulation under the Nurse Practice |
20 | | Act.
|
21 | | (18) "Licensed practical nurse" means a
person who is |
22 | | currently licensed as a licensed practical nurse
by the |
23 | | Department of Professional
Regulation under the Nurse Practice |
24 | | Act.
|
25 | | (19) "School term" means an academic term, such as a |
26 | | semester, quarter,
trimester, or number of clock hours, as |
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1 | | defined by an approved institution.
|
2 | | (20) "Student in good standing" means a student maintaining |
3 | | a cumulative
grade point average equivalent to at least the |
4 | | academic grade of a "C".
|
5 | | (21) "Total and permanent disability" means a physical or |
6 | | mental impairment,
disease, or loss of a permanent nature that |
7 | | prevents nursing employment with or
without reasonable |
8 | | accommodation. Proof of disability shall be a declaration
from |
9 | | the social security administration, Illinois Workers' |
10 | | Compensation Commission,
Department of Defense, or an insurer |
11 | | authorized to transact business in
Illinois who is providing |
12 | | disability insurance coverage to a contractor.
|
13 | | (22) "Tuition" means the established charges of an |
14 | | institution of higher
learning for instruction at that |
15 | | institution.
|
16 | | (23) "Nurse educator" means a person who is currently |
17 | | licensed as a registered nurse by the Department of |
18 | | Professional Regulation under the Nurse Practice Act, who has a |
19 | | graduate degree in nursing, and who is employed by an approved |
20 | | academic institution to educate registered nursing students, |
21 | | licensed practical nursing students, and registered nurses |
22 | | pursuing graduate degrees.
|
23 | | (24) "Nurse educator employment obligation" means |
24 | | employment in this State as a nurse educator for at least 2 |
25 | | years for each year of scholarship assistance received under |
26 | | Section 6.5 of this Law. |
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1 | | Rulemaking authority to implement this amendatory Act of |
2 | | the 96th General Assembly, if any, is conditioned on the rules |
3 | | being adopted in accordance with all provisions of the Illinois |
4 | | Administrative Procedure Act and all rules and procedures of |
5 | | the Joint Committee on Administrative Rules; any purported rule |
6 | | not so adopted, for whatever reason, is unauthorized. |
7 | | (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07; |
8 | | 96-805, eff. 10-30-09.)
|
9 | | (110 ILCS 975/5) (from Ch. 144, par. 2755)
|
10 | | Sec. 5. Nursing education scholarships. Beginning with the |
11 | | fall term of the 2004-2005
academic year, the
Department, in |
12 | | accordance with rules and regulations promulgated by it for |
13 | | this
program, shall provide scholarships to individuals |
14 | | selected
from among those applicants who qualify for |
15 | | consideration by showing:
|
16 | | (1) that he or she has been a resident of this State |
17 | | for at least one
year prior to application, and is a |
18 | | citizen or a lawful permanent resident
alien of the United |
19 | | States;
|
20 | | (2) that he or she is enrolled in or accepted for |
21 | | admission to an associate degree in
nursing program, |
22 | | hospital-based
diploma in nursing program, baccalaureate |
23 | | degree
in nursing program, graduate degree in nursing |
24 | | program, or practical nursing program at an approved
|
25 | | institution; and
|
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1 | | (3) that he or she agrees to meet the nursing |
2 | | employment obligation.
|
3 | | If in any year the number of qualified applicants exceeds |
4 | | the number of
scholarships to be awarded, the Department shall, |
5 | | in consultation with the Illinois Nursing Workforce Center for |
6 | | Nursing Advisory Board, consider the following factors in |
7 | | granting priority in awarding
scholarships: |
8 | | (A) Financial need, as shown on a
standardized |
9 | | financial needs assessment form used by an approved
|
10 | | institution, of students who will pursue their |
11 | | education on a full-time or close to
full-time
basis |
12 | | and who already have a certificate in practical |
13 | | nursing, a diploma
in nursing, or an associate degree |
14 | | in nursing and are pursuing a higher
degree.
|
15 | | (B) A student's status as a registered nurse who is |
16 | | pursuing a graduate degree in nursing to pursue |
17 | | employment in an approved institution that educates |
18 | | licensed practical nurses and that educates registered |
19 | | nurses in undergraduate and graduate nursing programs.
|
20 | | (C) A student's merit, as shown through his or her |
21 | | grade point average, class rank, and other academic and |
22 | | extracurricular activities. The Department may add to |
23 | | and further define these merit criteria by rule.
|
24 | | Unless otherwise indicated, scholarships shall be awarded |
25 | | to
recipients at approved institutions for a period
of up to 2 |
26 | | years if the recipient is enrolled in an
associate degree in
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1 | | nursing
program, up to 3 years if the recipient is enrolled in |
2 | | a hospital-based
diploma in nursing program, up to 4 years if |
3 | | the recipient is enrolled in a
baccalaureate degree in nursing |
4 | | program, up to 5 years if the recipient is enrolled in a |
5 | | graduate degree in nursing program, and up to one year if the
|
6 | | recipient is enrolled in a certificate in practical nursing |
7 | | program. At least
40% of the scholarships awarded shall be for |
8 | | recipients who are
pursuing baccalaureate degrees in nursing, |
9 | | 30% of the scholarships
awarded shall be for recipients who are |
10 | | pursuing associate degrees in
nursing
or a diploma in nursing, |
11 | | 10% of the scholarships awarded
shall be for recipients who are |
12 | | pursuing a certificate in practical nursing, and 20% of the |
13 | | scholarships awarded shall be for recipients who are pursuing a |
14 | | graduate degree in nursing.
|
15 | | (Source: P.A. 93-879, eff. 1-1-05; 94-1020, eff. 7-11-06.)
|
16 | | (110 ILCS 975/6.5) |
17 | | Sec. 6.5. Nurse educator scholarships. |
18 | | (a) Beginning with the fall term of the 2009-2010 academic |
19 | | year, the Department shall provide scholarships to individuals |
20 | | selected from among those applicants who qualify for |
21 | | consideration by showing the following: |
22 | | (1) that he or she has been a resident of this State |
23 | | for at least one year prior to application and is a citizen |
24 | | or a lawful permanent resident alien of the United States; |
25 | | (2) that he or she is enrolled in or accepted for |
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1 | | admission to a graduate degree in nursing program at an |
2 | | approved institution; and |
3 | | (3) that he or she agrees to meet the nurse educator |
4 | | employment obligation. |
5 | | (b) If in any year the number of qualified applicants |
6 | | exceeds the number of scholarships to be awarded under this |
7 | | Section, the Department shall, in consultation with the |
8 | | Illinois Nursing Workforce Center for Nursing Advisory Board, |
9 | | consider the following factors in granting priority in awarding |
10 | | scholarships: |
11 | | (1) Financial need, as shown on a standardized |
12 | | financial needs assessment form used by an approved |
13 | | institution, of students who will pursue their education on |
14 | | a full-time or close to full-time basis and who already |
15 | | have a diploma in nursing and are pursuing a higher degree. |
16 | | (2) A student's status as a registered nurse who is |
17 | | pursuing a graduate degree in nursing to pursue employment |
18 | | in an approved institution that educates licensed |
19 | | practical nurses and that educates registered nurses in |
20 | | undergraduate and graduate nursing programs. |
21 | | (3) A student's merit, as shown through his or her |
22 | | grade point average, class rank, experience as a nurse, |
23 | | including supervisory experience, experience as a nurse in |
24 | | the United States military, and other academic and |
25 | | extracurricular activities. |
26 | | (c) Unless otherwise indicated, scholarships under this |
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1 | | Section shall be awarded to recipients at approved institutions |
2 | | for a period of up to 3 years. |
3 | | (d) Within 12 months after graduation from a graduate |
4 | | degree in nursing program for nurse educators, any recipient |
5 | | who accepted a scholarship under this Section shall begin |
6 | | meeting the required nurse educator employment obligation. In |
7 | | order to defer his or her continuous employment obligation, a |
8 | | recipient must request the deferment in writing from the |
9 | | Department. A recipient shall receive a deferment if he or she |
10 | | notifies the Department, within 30 days after enlisting, that |
11 | | he or she is spending up to 4 years in military service. A |
12 | | recipient shall receive a deferment if he or she notifies the |
13 | | Department, within 30 days after enrolling, that he or she is |
14 | | enrolled in an academic program leading to a graduate degree in |
15 | | nursing. The recipient must begin meeting the required nurse |
16 | | educator employment obligation no later than 6 months after the |
17 | | end of the deferment or deferments. |
18 | | Any person who fails to fulfill the nurse educator |
19 | | employment obligation shall pay to the Department an amount |
20 | | equal to the amount of scholarship funds received per year for |
21 | | each unfulfilled year of the nurse educator employment |
22 | | obligation, together with interest at 7% per year on the unpaid |
23 | | balance. Payment must begin within 6 months following the date |
24 | | of the occurrence initiating the repayment. All repayments must |
25 | | be completed within 6 years from the date of the occurrence |
26 | | initiating the repayment. However, this repayment obligation |
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1 | | may be deferred and re-evaluated every 6 months when the |
2 | | failure to fulfill the nurse educator employment obligation |
3 | | results from involuntarily leaving the profession due to a |
4 | | decrease in the number of nurses employed in this State or when |
5 | | the failure to fulfill the nurse educator employment obligation |
6 | | results from total and permanent disability. The repayment |
7 | | obligation shall be excused if the failure to fulfill the nurse |
8 | | educator employment obligation results from the death or |
9 | | adjudication as incompetent of the person holding the |
10 | | scholarship. No claim for repayment may be filed against the |
11 | | estate of such a decedent or incompetent. |
12 | | The Department may allow a nurse educator employment |
13 | | obligation fulfillment alternative if the nurse educator |
14 | | scholarship recipient is unsuccessful in finding work as a |
15 | | nurse educator. The Department shall maintain a database of all |
16 | | available nurse educator positions in this State. |
17 | | (e) Each person applying for a scholarship under this |
18 | | Section must be provided with a copy of this Section at the |
19 | | time of application for the benefits of this scholarship. |
20 | | (f) Rulemaking authority to implement this amendatory Act |
21 | | of the 96th General Assembly, if any, is conditioned on the |
22 | | rules being adopted in accordance with all provisions of the |
23 | | Illinois Administrative Procedure Act and all rules and |
24 | | procedures of the Joint Committee on Administrative Rules; any |
25 | | purported rule not so adopted, for whatever reason, is |
26 | | unauthorized.
|
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1 | | (Source: P.A. 96-805, eff. 10-30-09.) |
2 | | Section 100. The Ambulatory Surgical Treatment Center Act |
3 | | is amended by changing Section 6.5 as follows:
|
4 | | (210 ILCS 5/6.5)
|
5 | | Sec. 6.5. Clinical privileges; advanced practice |
6 | | registered nurses. All ambulatory surgical treatment centers |
7 | | (ASTC) licensed under this Act
shall
comply with the following |
8 | | requirements:
|
9 | | (1) No ASTC policy, rule, regulation, or practice shall |
10 | | be inconsistent
with the provision of adequate |
11 | | collaboration and consultation in accordance with Section |
12 | | 54.5 of the Medical
Practice Act of 1987.
|
13 | | (2) Operative surgical procedures shall be performed |
14 | | only by a physician
licensed to
practice medicine in
all |
15 | | its branches under the Medical Practice Act of 1987, a |
16 | | dentist
licensed under the
Illinois Dental Practice Act, or |
17 | | a podiatric physician licensed under the Podiatric
Medical |
18 | | Practice Act of 1987,
with medical staff membership and |
19 | | surgical clinical privileges granted by the
consulting
|
20 | | committee of the ASTC. A licensed physician, dentist, or |
21 | | podiatric physician may
be assisted by
a physician licensed |
22 | | to practice medicine in all its branches, dentist, dental
|
23 | | assistant, podiatric physician, licensed
advanced practice |
24 | | registered nurse, licensed physician assistant, licensed
|
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1 | | registered nurse, licensed practical nurse,
surgical
|
2 | | assistant, surgical technician, or other individuals |
3 | | granted clinical
privileges to assist in surgery
by the |
4 | | consulting committee of the ASTC.
Payment for services |
5 | | rendered by an assistant in surgery who is not an
|
6 | | ambulatory surgical treatment center employee shall be |
7 | | paid
at the appropriate non-physician modifier
rate if the |
8 | | payor would have made payment had the same services been |
9 | | provided
by a physician.
|
10 | | (2.5) A registered nurse licensed under the Nurse |
11 | | Practice Act and qualified by training and experience in |
12 | | operating room nursing shall be present in the operating |
13 | | room and function as the circulating nurse during all |
14 | | invasive or operative procedures. For purposes of this |
15 | | paragraph (2.5), "circulating nurse" means a registered |
16 | | nurse who is responsible for coordinating all nursing care, |
17 | | patient safety needs, and the needs of the surgical team in |
18 | | the operating room during an invasive or operative |
19 | | procedure.
|
20 | | (3) An advanced practice registered nurse is not |
21 | | required to possess prescriptive authority or a written |
22 | | collaborative agreement meeting the requirements of the |
23 | | Nurse Practice Act to provide advanced practice registered |
24 | | nursing services in an ambulatory surgical treatment |
25 | | center. An advanced practice registered nurse must possess |
26 | | clinical privileges granted by the consulting medical |
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1 | | staff committee and ambulatory surgical treatment center |
2 | | in order to provide services. Individual advanced practice |
3 | | registered nurses may also be granted clinical privileges |
4 | | to order, select, and administer medications, including |
5 | | controlled substances, to provide delineated care. The |
6 | | attending physician must determine the advanced practice |
7 | | registered nurse's role in providing care for his or her |
8 | | patients, except as otherwise provided in the consulting |
9 | | staff policies. The consulting medical staff committee |
10 | | shall periodically review the services of advanced |
11 | | practice registered nurses granted privileges.
|
12 | | (4) The anesthesia service shall be under the direction |
13 | | of a physician
licensed to practice
medicine in all its |
14 | | branches who has had specialized preparation or experience
|
15 | | in the area
or who has completed a residency in |
16 | | anesthesiology. An anesthesiologist, Board
certified or
|
17 | | Board eligible, is recommended. Anesthesia services may
|
18 | | only be
administered pursuant to the order of a physician |
19 | | licensed to practice medicine
in all its
branches, licensed |
20 | | dentist, or licensed podiatric physician.
|
21 | | (A) The individuals who, with clinical privileges |
22 | | granted by the medical
staff and ASTC, may
administer |
23 | | anesthesia services are limited to the
following:
|
24 | | (i) an anesthesiologist; or
|
25 | | (ii) a physician licensed to practice medicine |
26 | | in all its branches; or
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1 | | (iii) a dentist with authority to administer |
2 | | anesthesia under Section
8.1 of the
Illinois |
3 | | Dental Practice Act; or
|
4 | | (iv) a licensed certified registered nurse |
5 | | anesthetist; or |
6 | | (v) a podiatric physician licensed under the |
7 | | Podiatric Medical Practice Act of 1987.
|
8 | | (B) For anesthesia services, an anesthesiologist
|
9 | | shall
participate through discussion of and agreement |
10 | | with the anesthesia plan and
shall remain physically |
11 | | present and be
available on
the premises during the |
12 | | delivery of anesthesia services for
diagnosis, |
13 | | consultation, and treatment of emergency medical
|
14 | | conditions.
In the absence of 24-hour availability of |
15 | | anesthesiologists with clinical
privileges, an |
16 | | alternate policy (requiring
participation, presence,
|
17 | | and availability of a
physician licensed to practice |
18 | | medicine in all its
branches) shall be
developed by the |
19 | | medical staff consulting committee in consultation |
20 | | with the
anesthesia service and included in the medical
|
21 | | staff
consulting committee policies.
|
22 | | (C) A certified registered nurse anesthetist is |
23 | | not required to possess
prescriptive authority or a |
24 | | written collaborative agreement meeting the
|
25 | | requirements of Section 65-35 of the Nurse Practice Act
|
26 | | to provide anesthesia services
ordered by a licensed |
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1 | | physician, dentist, or podiatric physician. Licensed |
2 | | certified
registered nurse anesthetists are authorized |
3 | | to
select, order, and
administer drugs and apply the |
4 | | appropriate medical devices in the provision of
|
5 | | anesthesia
services under the anesthesia plan agreed |
6 | | with by the
anesthesiologist or, in the absence of an |
7 | | available anesthesiologist with
clinical privileges,
|
8 | | agreed with by the
operating physician, operating |
9 | | dentist, or operating podiatric physician in |
10 | | accordance
with the medical
staff consulting committee |
11 | | policies of a licensed ambulatory surgical treatment
|
12 | | center.
|
13 | | (Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
|
14 | | Section 105. The Assisted Living and Shared Housing Act is |
15 | | amended by changing Section 10 as follows: |
16 | | (210 ILCS 9/10) |
17 | | Sec. 10. Definitions. For purposes of this Act: |
18 | | "Activities of daily living" means eating, dressing, |
19 | | bathing, toileting,
transferring, or personal
hygiene. |
20 | | "Assisted living establishment" or "establishment" means a |
21 | | home, building,
residence, or any
other place where sleeping |
22 | | accommodations are provided for at least 3
unrelated adults,
at |
23 | | least 80% of whom are 55 years of age or older and where the |
24 | | following are
provided
consistent with the purposes of this |
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1 | | Act: |
2 | | (1) services consistent with a social model that is |
3 | | based on the premise
that the
resident's unit in assisted |
4 | | living and shared housing is his or her own home; |
5 | | (2) community-based residential care for persons who |
6 | | need assistance with
activities of
daily living, including |
7 | | personal, supportive, and intermittent
health-related |
8 | | services available 24 hours per day, if needed, to meet the
|
9 | | scheduled
and
unscheduled needs of a resident; |
10 | | (3) mandatory services, whether provided directly by |
11 | | the establishment or
by another
entity arranged for by the |
12 | | establishment, with the consent of the resident or
|
13 | | resident's
representative; and |
14 | | (4) a physical environment that is a homelike
setting |
15 | | that
includes the following and such other elements as |
16 | | established by the Department:
individual living units |
17 | | each of which shall accommodate small kitchen
appliances
|
18 | | and contain private bathing, washing, and toilet |
19 | | facilities, or private washing
and
toilet facilities with a |
20 | | common bathing room readily accessible to each
resident.
|
21 | | Units shall be maintained for single occupancy except in |
22 | | cases in which 2
residents
choose to share a unit. |
23 | | Sufficient common space shall exist to permit
individual |
24 | | and
group activities. |
25 | | "Assisted living establishment" or "establishment" does |
26 | | not mean any of the
following: |
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1 | | (1) A home, institution, or similar place operated by |
2 | | the federal
government or the
State of Illinois. |
3 | | (2) A long term care facility licensed under the |
4 | | Nursing Home Care Act, a facility licensed under the |
5 | | Specialized Mental Health Rehabilitation Act of 2013, a |
6 | | facility licensed under the ID/DD Community Care Act, or a |
7 | | facility licensed under the MC/DD Act.
However, a
facility |
8 | | licensed under any of those Acts may convert distinct parts |
9 | | of the facility to assisted
living. If
the facility elects |
10 | | to do so, the facility shall retain the
Certificate of
Need |
11 | | for its nursing and sheltered care beds that were |
12 | | converted. |
13 | | (3) A hospital, sanitarium, or other institution, the |
14 | | principal activity
or business of
which is the diagnosis, |
15 | | care, and treatment of human illness and that is
required |
16 | | to
be licensed under the Hospital Licensing Act. |
17 | | (4) A facility for child care as defined in the Child |
18 | | Care Act of 1969. |
19 | | (5) A community living facility as defined in the |
20 | | Community Living
Facilities
Licensing Act. |
21 | | (6) A nursing home or sanitarium operated solely by and |
22 | | for persons who
rely
exclusively upon treatment by |
23 | | spiritual means through prayer in accordance with
the creed |
24 | | or tenants of a well-recognized church or religious |
25 | | denomination. |
26 | | (7) A facility licensed by the Department of Human |
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1 | | Services as a
community-integrated living arrangement as |
2 | | defined in the Community-Integrated
Living
Arrangements |
3 | | Licensure and Certification Act. |
4 | | (8) A supportive residence licensed under the |
5 | | Supportive Residences
Licensing Act. |
6 | | (9) The portion of a life care facility as defined in |
7 | | the Life Care Facilities Act not licensed as an assisted |
8 | | living establishment under this Act; a
life care facility |
9 | | may
apply under this Act to convert sections of the |
10 | | community to assisted living. |
11 | | (10) A free-standing hospice facility licensed under |
12 | | the Hospice Program
Licensing Act. |
13 | | (11) A shared housing establishment. |
14 | | (12) A supportive living facility as described in |
15 | | Section 5-5.01a of the
Illinois Public Aid
Code. |
16 | | "Department" means the Department of Public Health. |
17 | | "Director" means the Director of Public Health. |
18 | | "Emergency situation" means imminent danger of death or |
19 | | serious physical
harm to a
resident of an establishment. |
20 | | "License" means any of the following types of licenses |
21 | | issued to an applicant
or licensee by the
Department: |
22 | | (1) "Probationary license" means a license issued to an |
23 | | applicant or
licensee
that has not
held a license under |
24 | | this Act prior to its application or pursuant to a license
|
25 | | transfer in accordance with Section 50 of this Act. |
26 | | (2) "Regular license" means a license issued by the |
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1 | | Department to an
applicant or
licensee that is in
|
2 | | substantial compliance with this Act and any rules |
3 | | promulgated
under this Act. |
4 | | "Licensee" means a person, agency, association, |
5 | | corporation, partnership, or
organization that
has been issued |
6 | | a license to operate an assisted living or shared housing
|
7 | | establishment. |
8 | | "Licensed health care professional" means a registered |
9 | | professional nurse,
an advanced practice registered nurse, a |
10 | | physician assistant, and a licensed practical
nurse. |
11 | | "Mandatory services" include the following: |
12 | | (1) 3 meals per day available to the residents prepared |
13 | | by the
establishment or an
outside contractor; |
14 | | (2) housekeeping services including, but not limited |
15 | | to, vacuuming,
dusting, and
cleaning the resident's unit; |
16 | | (3) personal laundry and linen services available to |
17 | | the residents
provided
or arranged
for by the |
18 | | establishment; |
19 | | (4) security provided 24 hours each day including, but |
20 | | not limited to,
locked entrances
or building or contract |
21 | | security personnel; |
22 | | (5) an emergency communication response system, which |
23 | | is a procedure in
place 24
hours each day by which a |
24 | | resident can notify building management, an emergency
|
25 | | response vendor, or others able to respond to his or her |
26 | | need for assistance;
and |
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1 | | (6) assistance with activities of daily living as |
2 | | required by each
resident. |
3 | | "Negotiated risk" is the process by which a resident, or |
4 | | his or her
representative,
may formally
negotiate with |
5 | | providers what risks each are willing and unwilling to assume |
6 | | in
service provision
and the resident's living environment. The |
7 | | provider assures that the resident
and the
resident's |
8 | | representative, if any, are informed of the risks of these |
9 | | decisions
and of
the potential
consequences of assuming these |
10 | | risks. |
11 | | "Owner" means the individual, partnership, corporation, |
12 | | association, or other
person who owns
an assisted living or |
13 | | shared housing establishment. In the event an assisted
living |
14 | | or shared
housing establishment is operated by a person who |
15 | | leases or manages the
physical plant, which is
owned by another |
16 | | person, "owner" means the person who operates the assisted
|
17 | | living or shared
housing establishment, except that if the |
18 | | person who owns the physical plant is
an affiliate of the
|
19 | | person who operates the assisted living or shared housing |
20 | | establishment and has
significant
control over the day to day |
21 | | operations of the assisted living or shared housing
|
22 | | establishment, the
person who owns the physical plant shall |
23 | | incur jointly and severally with the
owner all liabilities
|
24 | | imposed on an owner under this Act. |
25 | | "Physician" means a person licensed
under the Medical |
26 | | Practice Act of 1987
to practice medicine in all of its
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1 | | branches. |
2 | | "Resident" means a person residing in an assisted living or |
3 | | shared housing
establishment. |
4 | | "Resident's representative" means a person, other than the |
5 | | owner, agent, or
employee of an
establishment or of the health |
6 | | care provider unless related to the resident,
designated in |
7 | | writing by a
resident to be his or her
representative. This |
8 | | designation may be accomplished through the Illinois
Power of |
9 | | Attorney Act, pursuant to the guardianship process under the |
10 | | Probate
Act of 1975, or pursuant to an executed designation of |
11 | | representative form
specified by the Department. |
12 | | "Self" means the individual or the individual's designated |
13 | | representative. |
14 | | "Shared housing establishment" or "establishment" means a |
15 | | publicly or
privately operated free-standing
residence for 16 |
16 | | or fewer persons, at least 80% of whom are 55
years of age or |
17 | | older
and who are unrelated to the owners and one manager of |
18 | | the residence, where
the following are provided: |
19 | | (1) services consistent with a social model that is |
20 | | based on the premise
that the resident's unit is his or her |
21 | | own home; |
22 | | (2) community-based residential care for persons who |
23 | | need assistance with
activities of daily living, including |
24 | | housing and personal, supportive, and
intermittent |
25 | | health-related services available 24 hours per day, if |
26 | | needed, to
meet the scheduled and unscheduled needs of a |
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1 | | resident; and |
2 | | (3) mandatory services, whether provided directly by |
3 | | the establishment or
by another entity arranged for by the |
4 | | establishment, with the consent of the
resident or the |
5 | | resident's representative. |
6 | | "Shared housing establishment" or "establishment" does not |
7 | | mean any of the
following: |
8 | | (1) A home, institution, or similar place operated by |
9 | | the federal
government or the State of Illinois. |
10 | | (2) A long term care facility licensed under the |
11 | | Nursing Home Care Act, a facility licensed under the |
12 | | Specialized Mental Health Rehabilitation Act of 2013, a |
13 | | facility licensed under the ID/DD Community Care Act, or a |
14 | | facility licensed under the MC/DD Act.
A facility licensed |
15 | | under any of those Acts may, however, convert sections of |
16 | | the facility to
assisted living. If the facility elects to |
17 | | do so, the facility
shall retain the Certificate of Need |
18 | | for its nursing beds that were
converted. |
19 | | (3) A hospital, sanitarium, or other institution, the |
20 | | principal activity
or business of which is the diagnosis, |
21 | | care, and treatment of human illness and
that is required |
22 | | to be licensed under the Hospital Licensing Act. |
23 | | (4) A facility for child care as defined in the Child |
24 | | Care Act of 1969. |
25 | | (5) A community living facility as defined in the |
26 | | Community Living
Facilities Licensing Act. |
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1 | | (6) A nursing home or sanitarium operated solely by and |
2 | | for persons who
rely exclusively upon treatment by |
3 | | spiritual means through prayer in accordance
with the creed |
4 | | or tenants of a well-recognized church or religious
|
5 | | denomination. |
6 | | (7) A facility licensed by the Department of Human |
7 | | Services as a
community-integrated
living arrangement as |
8 | | defined in the Community-Integrated
Living Arrangements |
9 | | Licensure and Certification Act. |
10 | | (8) A supportive residence licensed under the |
11 | | Supportive Residences
Licensing Act. |
12 | | (9) A life care facility as defined in the Life Care |
13 | | Facilities Act; a
life care facility may apply under this |
14 | | Act to convert sections of the
community to assisted |
15 | | living. |
16 | | (10) A free-standing hospice facility licensed under |
17 | | the Hospice Program
Licensing Act. |
18 | | (11) An assisted living establishment. |
19 | | (12) A supportive living facility as described in |
20 | | Section 5-5.01a of the
Illinois Public Aid Code. |
21 | | "Total assistance" means that staff or another individual |
22 | | performs the entire
activity of daily
living without |
23 | | participation by the resident. |
24 | | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) |
25 | | Section 110. The Illinois Clinical Laboratory and Blood |
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1 | | Bank Act is amended by changing Section 7-101 as follows:
|
2 | | (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
|
3 | | Sec. 7-101. Examination of specimens. A clinical |
4 | | laboratory shall examine
specimens only at the request of (i) a |
5 | | licensed physician, (ii) a
licensed dentist, (iii) a licensed |
6 | | podiatric physician, (iv) a licensed
optometrist,
(v) a |
7 | | licensed
physician assistant,
(v-A) a licensed advanced |
8 | | practice registered nurse,
(vi) an authorized law enforcement |
9 | | agency or, in the case of blood
alcohol, at the request of the |
10 | | individual for whom the test is to be performed
in compliance |
11 | | with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code, |
12 | | or (vii) a genetic counselor with the specific authority from a |
13 | | referral to order a test or tests pursuant to subsection (b) of |
14 | | Section 20 of the Genetic Counselor Licensing Act.
If the |
15 | | request to a laboratory is oral, the physician or other |
16 | | authorized
person shall submit a written request to the |
17 | | laboratory within 48 hours. If
the laboratory does not receive |
18 | | the written request within that period, it
shall note that fact |
19 | | in its records. For purposes of this Section, a request
made by |
20 | | electronic mail or fax constitutes a written request.
|
21 | | (Source: P.A. 98-185, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756, |
22 | | eff. 7-16-14; 98-767, eff. 1-1-15; 99-173, eff. 7-29-15.)
|
23 | | Section 115. The Nursing Home Care Act is amended by |
24 | | changing Section 3-206.05 as follows: |
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1 | | (210 ILCS 45/3-206.05) |
2 | | Sec. 3-206.05. Safe resident handling policy. |
3 | | (a) In this Section: |
4 | | "Health care worker" means an individual providing direct |
5 | | resident care services who may be required to lift, transfer, |
6 | | reposition, or move a resident. |
7 | | "Nurse" means an advanced practice registered nurse, a |
8 | | registered nurse, or a licensed practical nurse licensed under |
9 | | the Nurse Practice Act. |
10 | | "Safe lifting equipment and accessories" means mechanical
|
11 | | equipment designed to lift, move, reposition, and transfer
|
12 | | residents, including, but not limited to, fixed and portable
|
13 | | ceiling lifts, sit-to-stand lifts, slide sheets and boards,
|
14 | | slings, and repositioning and turning sheets. |
15 | | "Safe lifting team" means at least 2 individuals who are
|
16 | | trained and proficient in the use of both safe lifting |
17 | | techniques and safe
lifting equipment and accessories. |
18 | | "Adjustable equipment" means products and devices that may |
19 | | be adapted for use by individuals with physical and other |
20 | | disabilities in order to optimize accessibility. Adjustable |
21 | | equipment includes, but is not limited to, the following: |
22 | | (1) Wheelchairs with adjustable footrest height and |
23 | | seat width and depth. |
24 | | (2) Height-adjustable, drop-arm commode chairs and |
25 | | height-adjustable shower gurneys or shower benches to |
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1 | | enable individuals with mobility disabilities to use a |
2 | | toilet and to shower safely and with increased comfort. |
3 | | (3) Accessible weight scales that accommodate |
4 | | wheelchair users. |
5 | | (4) Height-adjustable beds that can be lowered to |
6 | | accommodate individuals with mobility disabilities in |
7 | | getting in and out of bed and that utilize drop-down side |
8 | | railings for stability and positioning support. |
9 | | (5) Universally designed or adaptable call buttons and |
10 | | motorized bed position and height controls that can be |
11 | | operated by persons with limited or no reach range, fine |
12 | | motor ability, or vision. |
13 | | (6) Height-adjustable platform tables for physical |
14 | | therapy with drop-down side railings for stability and |
15 | | positioning support. |
16 | | (7) Therapeutic rehabilitation and exercise machines |
17 | | with foot straps to secure the user's feet to the pedals |
18 | | and with cuffs or splints to augment the user's grip |
19 | | strength on handles. |
20 | | (b) A facility must adopt and ensure implementation of a |
21 | | policy to identify, assess, and develop strategies to control |
22 | | risk of injury to residents and nurses and other health care |
23 | | workers associated with the lifting, transferring, |
24 | | repositioning, or movement of a resident. The policy shall |
25 | | establish a process that, at a minimum, includes all of the |
26 | | following: |
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1 | | (1) Analysis of the risk of injury to residents and |
2 | | nurses and other health care workers taking into account |
3 | | the resident handling needs of the resident populations |
4 | | served by the facility and the physical environment in |
5 | | which the resident handling and movement occurs. |
6 | | (2) Education and training of nurses and other direct
|
7 | | resident care providers in the identification, assessment, |
8 | | and control of risks of injury to residents and nurses and |
9 | | other health care workers during resident handling and on
|
10 | | safe lifting policies and techniques and current lifting
|
11 | | equipment. |
12 | | (3) Evaluation of alternative ways to reduce risks |
13 | | associated with resident handling, including evaluation of |
14 | | equipment and the environment. |
15 | | (4) Restriction, to the extent feasible with existing |
16 | | equipment and aids, of manual resident handling or movement |
17 | | of all or most of a resident's weight except for emergency, |
18 | | life-threatening, or otherwise exceptional circumstances. |
19 | | (5) Procedures for a nurse to refuse to perform or be |
20 | | involved in resident handling or movement that the nurse in |
21 | | good faith believes will expose a resident or nurse or |
22 | | other health care worker to an unacceptable risk of injury. |
23 | | (6) Development of strategies to control risk of injury |
24 | | to residents and nurses and other health care workers |
25 | | associated with the lifting, transferring, repositioning, |
26 | | or movement of a resident. |
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1 | | (7) In developing architectural plans for construction |
2 | | or remodeling of a facility or unit of a facility in which |
3 | | resident handling and movement occurs, consideration of |
4 | | the feasibility of incorporating resident handling |
5 | | equipment or the physical space and construction design |
6 | | needed to incorporate that equipment.
|
7 | | (8) Fostering and maintaining resident safety, |
8 | | dignity, self-determination, and choice, including the |
9 | | following policies, strategies, and procedures: |
10 | | (A) The existence and availability of a trained |
11 | | safe lifting team. |
12 | | (B) A policy of advising residents of a range of |
13 | | transfer and lift options, including adjustable |
14 | | diagnostic and treatment equipment, mechanical lifts, |
15 | | and provision of a trained safe lifting team. |
16 | | (C) The right of a competent resident, or the |
17 | | guardian of a resident adjudicated incompetent, to |
18 | | choose among the range of transfer and lift options |
19 | | consistent with the procedures set forth under |
20 | | subdivision (b)(5) and the policies set forth under |
21 | | this paragraph (8), subject to the provisions of |
22 | | subparagraph (E) of this paragraph (8). |
23 | | (D) Procedures for documenting, upon admission and |
24 | | as status changes, a mobility assessment and plan for |
25 | | lifting, transferring, repositioning, or movement of a |
26 | | resident, including the choice of the resident or the |
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1 | | resident's guardian among the range of transfer and |
2 | | lift options. |
3 | | (E) Incorporation of such safe lifting procedures, |
4 | | techniques, and equipment as are consistent with |
5 | | applicable federal law. |
6 | | (c) Safe lifting teams must receive specialized, in-depth |
7 | | training that includes, but need not be limited to, the |
8 | | following: |
9 | | (1) Types and operation of equipment. |
10 | | (2) Safe manual lifting and moving techniques. |
11 | | (3) Ergonomic principles in the assessment of risk both |
12 | | to nurses and other workers and to residents. |
13 | | (4) The selection, safe use, location, and condition of |
14 | | appropriate pieces of equipment individualized to each |
15 | | resident's medical and physical conditions and |
16 | | preferences. |
17 | | (5) Procedures for advising residents of the full range |
18 | | of transfer and lift options and for documenting |
19 | | individualized lifting plans that include resident choice. |
20 | | Specialized, in-depth training may rely on federal |
21 | | standards and guidelines such as the United States Department |
22 | | of Labor Guidelines for Nursing Homes, supplemented by federal |
23 | | requirements for barrier removal, independent access, and |
24 | | means of accommodation optimizing independent movement and |
25 | | transfer. |
26 | | (Source: P.A. 96-389, eff. 1-1-10; 97-866, eff. 1-1-13.) |
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1 | | Section 120. The Emergency Medical Services (EMS) Systems |
2 | | Act is amended by changing Sections 3.10 and 3.117 as follows:
|
3 | | (210 ILCS 50/3.10)
|
4 | | Sec. 3.10. Scope of Services.
|
5 | | (a) "Advanced Life Support (ALS) Services" means
an |
6 | | advanced level of pre-hospital and inter-hospital emergency
|
7 | | care and non-emergency medical services that includes basic |
8 | | life
support care, cardiac monitoring, cardiac defibrillation,
|
9 | | electrocardiography, intravenous therapy, administration of
|
10 | | medications, drugs and solutions, use of adjunctive medical
|
11 | | devices, trauma care, and other authorized techniques and
|
12 | | procedures, as outlined in the provisions of the National EMS |
13 | | Education Standards relating to Advanced Life Support and any |
14 | | modifications to that curriculum
specified in rules adopted by |
15 | | the Department pursuant to
this Act.
|
16 | | That care shall be initiated as authorized by the EMS
|
17 | | Medical Director in a Department approved advanced life
support |
18 | | EMS System, under the written or verbal direction of
a |
19 | | physician licensed to practice medicine in all of its
branches |
20 | | or under the verbal direction of an Emergency
Communications |
21 | | Registered Nurse.
|
22 | | (b) "Intermediate Life Support (ILS) Services"
means an |
23 | | intermediate level of pre-hospital and inter-hospital
|
24 | | emergency care and non-emergency medical services that |
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1 | | includes
basic life support care plus intravenous cannulation |
2 | | and
fluid therapy, invasive airway management, trauma care, and
|
3 | | other authorized techniques and procedures, as outlined in
the |
4 | | Intermediate Life Support national curriculum of the
United |
5 | | States Department of Transportation and any
modifications to |
6 | | that curriculum specified in rules adopted
by the Department |
7 | | pursuant to this Act.
|
8 | | That care shall be initiated as authorized by the EMS
|
9 | | Medical Director in a Department approved intermediate or
|
10 | | advanced life support EMS System, under the written or
verbal |
11 | | direction of a physician licensed to practice
medicine in all |
12 | | of its branches or under the verbal
direction of an Emergency |
13 | | Communications Registered Nurse.
|
14 | | (c) "Basic Life Support (BLS) Services" means a
basic level |
15 | | of pre-hospital and inter-hospital emergency care and
|
16 | | non-emergency medical services that includes medical |
17 | | monitoring, clinical observation, airway management,
|
18 | | cardiopulmonary resuscitation (CPR), control of shock and
|
19 | | bleeding and splinting of fractures, as outlined in the |
20 | | provisions of the National EMS Education Standards relating to |
21 | | Basic Life Support and any modifications to that
curriculum |
22 | | specified in rules adopted by the Department
pursuant to this |
23 | | Act.
|
24 | | That care shall be initiated, where authorized by the
EMS |
25 | | Medical Director in a Department approved EMS System,
under the |
26 | | written or verbal direction of a physician
licensed to practice |
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1 | | medicine in all of its branches or
under the verbal direction |
2 | | of an Emergency Communications
Registered Nurse.
|
3 | | (d) "Emergency Medical Responder Services" means a |
4 | | preliminary
level of pre-hospital emergency care that includes
|
5 | | cardiopulmonary resuscitation (CPR), monitoring vital signs
|
6 | | and control of bleeding, as outlined in the Emergency Medical |
7 | | Responder (EMR) curriculum of the National EMS Education |
8 | | Standards
and any modifications to that curriculum specified in |
9 | | rules
adopted by the Department pursuant to this Act.
|
10 | | (e) "Pre-hospital care" means those
medical services |
11 | | rendered to patients for analytic,
resuscitative, stabilizing, |
12 | | or preventive purposes,
precedent to and during transportation |
13 | | of such patients to
health care facilities.
|
14 | | (f) "Inter-hospital care" means those
medical services |
15 | | rendered to patients for
analytic, resuscitative, stabilizing, |
16 | | or preventive
purposes, during transportation of such patients |
17 | | from one
hospital to another hospital.
|
18 | | (f-5) "Critical care transport" means the pre-hospital or |
19 | | inter-hospital transportation of a critically injured or ill |
20 | | patient by a vehicle service provider, including the provision |
21 | | of medically necessary supplies and services, at a level of |
22 | | service beyond the scope of the Paramedic. When medically |
23 | | indicated for a patient, as determined by a physician licensed |
24 | | to practice medicine in all of its branches, an advanced |
25 | | practice registered nurse, or a physician's assistant, in |
26 | | compliance with subsections (b) and (c) of Section 3.155 of |
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1 | | this Act, critical care transport may be provided by: |
2 | | (1) Department-approved critical care transport |
3 | | providers, not owned or operated by a hospital, utilizing |
4 | | Paramedics with additional training, nurses, or other |
5 | | qualified health professionals; or |
6 | | (2) Hospitals, when utilizing any vehicle service |
7 | | provider or any hospital-owned or operated vehicle service |
8 | | provider. Nothing in Public Act 96-1469 requires a hospital |
9 | | to use, or to be, a Department-approved critical care |
10 | | transport provider when transporting patients, including |
11 | | those critically injured or ill. Nothing in this Act shall |
12 | | restrict or prohibit a hospital from providing, or |
13 | | arranging for, the medically appropriate transport of any |
14 | | patient, as determined by a physician licensed to practice |
15 | | in all of its branches, an advanced practice registered |
16 | | nurse, or a physician's assistant. |
17 | | (g) "Non-emergency medical services" means medical care, |
18 | | clinical observation, or medical monitoring rendered to
|
19 | | patients whose conditions do not meet this Act's definition of |
20 | | emergency, before or
during transportation of such patients to |
21 | | or from health care facilities visited for the
purpose of |
22 | | obtaining medical or health care services which are not |
23 | | emergency in
nature, using a vehicle regulated by this Act.
|
24 | | (g-5) The Department shall have the authority to promulgate |
25 | | minimum standards for critical care transport providers |
26 | | through rules adopted pursuant to this Act. All critical care |