Rep. Sara Feigenholtz

Filed: 3/24/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 313

2    AMENDMENT NO. ______. Amend House Bill 313 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.28 and by adding Section 4.38 as follows:
 
6    (5 ILCS 80/4.28)
7    Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9    The Illinois Petroleum Education and Marketing Act.
10    The Podiatric Medical Practice Act of 1987.
11    The Acupuncture Practice Act.
12    The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14    The Interpreter for the Deaf Licensure Act of 2007.
15    The Nurse Practice Act.
16    The Clinical Social Work and Social Work Practice Act.

 

 

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1    The Pharmacy Practice Act.
2    The Home Medical Equipment and Services Provider License
3Act.
4    The Marriage and Family Therapy Licensing Act.
5    The Nursing Home Administrators Licensing and Disciplinary
6Act.
7    The Physician Assistant Practice Act of 1987.
8(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
995-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
109-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
11eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
1296-328, eff. 8-11-09.)
 
13    (5 ILCS 80/4.38 new)
14    Sec. 4.38. Act repealed on January 1, 2028. The following
15Act is repealed on January 1, 2028:
16    The Nurse Practice Act.
 
17    Section 10. The State Employees Group Insurance Act of 1971
18is 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
22shall provide coverage for medically necessary physical
23therapy and occupational therapy when that therapy is ordered

 

 

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1for the treatment of autoimmune diseases or referred for the
2same purpose by (i) a physician licensed under the Medical
3Practice Act of 1987, (ii) a physician assistant licensed under
4the Physician Assistant Practice Act of 1987, or (iii) an
5advanced practice registered nurse licensed under the Nurse
6Practice Act.
7    (b) For the purpose of this Section, "medically necessary"
8means any care, treatment, intervention, service, or item that
9will 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
18subject to the same deductible, coinsurance, waiting period,
19cost sharing limitation, treatment limitation, calendar year
20maximum, or other limitations as provided for other physical or
21rehabilitative or occupational therapy benefits covered by the
22policy.
23    (d) Upon request of the reimbursing insurer, the provider
24of the physical therapy or occupational therapy shall furnish
25medical records, clinical notes, or other necessary data that
26substantiate that initial or continued treatment is medically

 

 

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1necessary. When treatment is anticipated to require continued
2services to achieve demonstrable progress, the insurer may
3request a treatment plan consisting of the diagnosis, proposed
4treatment by type, proposed frequency of treatment,
5anticipated duration of treatment, anticipated outcomes stated
6as goals, and proposed frequency of updating the treatment
7plan.
8    (e) When making a determination of medical necessity for
9treatment, an insurer must make the determination in a manner
10consistent with the manner in which that determination is made
11with respect to other diseases or illnesses covered under the
12policy, including an appeals process. During the appeals
13process, any challenge to medical necessity may be viewed as
14reasonable only if the review includes a licensed health care
15professional with the same category of license as the
16professional who ordered or referred the service in question
17and 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
20Sections 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
23Illinois Person with a Disability Identification Card in
24accordance with the Illinois Identification Card Act,

 

 

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1indicating that the person named thereon has a Class 1A or
2Class 2 disability or any qualified voter who has a permanent
3physical incapacity of such a nature as to make it improbable
4that he will be able to be present at the polls at any future
5election, or any voter who is a resident of (i) a federally
6operated veterans' home, hospital, or facility located in
7Illinois or (ii) a facility licensed or certified pursuant to
8the Nursing Home Care Act, the Specialized Mental Health
9Rehabilitation Act of 2013, the ID/DD Community Care Act, or
10the MC/DD Act and has a condition or disability of such a
11nature as to make it improbable that he will be able to be
12present at the polls at any future election, may secure a
13voter's identification card for persons with disabilities or a
14nursing home resident's identification card, which will enable
15him to vote under this Article as a physically incapacitated or
16nursing home voter. For the purposes of this Section,
17"federally operated veterans' home, hospital, or facility"
18means the long-term care facilities at the Jesse Brown VA
19Medical Center, Illiana Health Care System, Edward Hines, Jr.
20VA Hospital, Marion VA Medical Center, and Captain James A.
21Lovell Federal Health Care Center.
22    Application for a voter's identification card for persons
23with disabilities or a nursing home resident's identification
24card shall be made either: (a) in writing, with voter's sworn
25affidavit, to the county clerk or board of election
26commissioners, as the case may be, and shall be accompanied by

 

 

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1the affidavit of the attending physician, advanced practice
2registered nurse, or a physician assistant specifically
3describing the nature of the physical incapacity or the fact
4that the voter is a nursing home resident and is physically
5unable to be present at the polls on election days; or (b) by
6presenting, in writing or otherwise, to the county clerk or
7board of election commissioners, as the case may be, proof that
8the applicant has secured an Illinois Person with a Disability
9Identification Card indicating that the person named thereon
10has a Class 1A or Class 2 disability. Upon the receipt of
11either the sworn-to application and the physician's, advanced
12practice registered nurse's, or a physician assistant's
13affidavit or proof that the applicant has secured an Illinois
14Person with a Disability Identification Card indicating that
15the person named thereon has a Class 1A or Class 2 disability,
16the county clerk or board of election commissioners shall issue
17a voter's identification card for persons with disabilities or
18a nursing home resident's identification card. Such
19identification cards shall be issued for a period of 5 years,
20upon the expiration of which time the voter may secure a new
21card by making application in the same manner as is prescribed
22for the issuance of an original card, accompanied by a new
23affidavit of the attending physician, advanced practice
24registered nurse, or a physician assistant. The date of
25expiration of such five-year period shall be made known to any
26interested person by the election authority upon the request of

 

 

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1such person. Applications for the renewal of the identification
2cards shall be mailed to the voters holding such cards not less
3than 3 months prior to the date of expiration of the cards.
4    Each voter's identification card for persons with
5disabilities or nursing home resident's identification card
6shall bear an identification number, which shall be clearly
7noted on the voter's original and duplicate registration record
8cards. In the event the holder becomes physically capable of
9resuming normal voting, he must surrender his voter's
10identification card for persons with disabilities or nursing
11home resident's identification card to the county clerk or
12board of election commissioners before the next election.
13    The holder of a voter's identification card for persons
14with disabilities or a nursing home resident's identification
15card may make application by mail for an official ballot within
16the time prescribed by Section 19-2. Such application shall
17contain the same information as is included in the form of
18application for ballot by a physically incapacitated elector
19prescribed in Section 19-3 except that it shall also include
20the applicant's voter's identification card for persons with
21disabilities card number and except that it need not be sworn
22to. If an examination of the records discloses that the
23applicant is lawfully entitled to vote, he shall be mailed a
24ballot as provided in Section 19-4. The ballot envelope shall
25be the same as that prescribed in Section 19-5 for voters with
26physical disabilities, and the manner of voting and returning

 

 

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1the ballot shall be the same as that provided in this Article
2for other vote by mail ballots, except that a statement to be
3subscribed to by the voter but which need not be sworn to shall
4be placed on the ballot envelope in lieu of the affidavit
5prescribed by Section 19-5.
6    Any person who knowingly subscribes to a false statement in
7connection with voting under this Section shall be guilty of a
8Class A misdemeanor.
9    For the purposes of this Section, "nursing home resident"
10includes a resident of (i) a federally operated veterans' home,
11hospital, or facility located in Illinois or (ii) a facility
12licensed under the ID/DD Community Care Act, the MC/DD Act, or
13the Specialized Mental Health Rehabilitation Act of 2013. For
14the purposes of this Section, "federally operated veterans'
15home, hospital, or facility" means the long-term care
16facilities at the Jesse Brown VA Medical Center, Illiana Health
17Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
18Center, 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;
2099-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff.
211-1-17; 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
24hospital, nursing home, or rehabilitation center due to an
25illness or physical injury not more than 14 days before an

 

 

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1election shall be entitled to personal delivery of a vote by
2mail ballot in the hospital, nursing home, or rehabilitation
3center subject to the following conditions:
4    (1) The voter completes the Application for Physically
5Incapacitated Elector as provided in Section 19-3, stating as
6reasons therein that he is a patient in ............... (name
7of 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
12released from the hospital/home/center on or before the day of
13election or, if released, is expected to be homebound on the
14day of the election and unable to travel to the polling place.
15    (2) The voter's physician, advanced practice registered
16nurse, or physician assistant completes a Certificate of
17Attending Health Care Professional in a form substantially as
18follows:
19
CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL
20    I state that I am a physician, advanced practice registered
21nurse, or physician assistant, duly licensed to practice in the
22State of .........; that .......... is a patient in ..........
23(name of hospital/home/center), located at .............
24(address of hospital/home/center), ................. (county,
25city/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
2individual in the State in which I am licensed to practice and
3do not expect such individual to be released from the
4hospital/home/center on or before the day of election or, if
5released, to be able to travel to the polling place on election
6day.
7    Under penalties as provided by law pursuant to Section
829-10 of The Election Code, the undersigned certifies that the
9statements set forth in this certification are true and
10correct.
11
(Signature) ...............
12
(Date licensed) ............
13    (3) Any person who is registered to vote in the same
14precinct as the admitted voter or any legal relative of the
15admitted voter may present such voter's vote by mail ballot
16application, completed as prescribed in paragraph 1,
17accompanied by the physician's, advanced practice registered
18nurse's, or a physician assistant's certificate, completed as
19prescribed in paragraph 2, to the election authority. Such
20precinct voter or relative shall execute and sign an affidavit
21furnished by the election authority attesting that he is a
22registered voter in the same precinct as the admitted voter or
23that he is a legal relative of the admitted voter and stating
24the nature of the relationship. Such precinct voter or relative
25shall further attest that he has been authorized by the
26admitted voter to obtain his or her vote by mail ballot from

 

 

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1the election authority and deliver such ballot to him in the
2hospital, home, or center.
3    Upon receipt of the admitted voter's application,
4physician's, advanced practice registered nurse's, or a
5physician assistant's certificate, and the affidavit of the
6precinct voter or the relative, the election authority shall
7examine the registration records to determine if the applicant
8is qualified to vote and, if found to be qualified, shall
9provide the precinct voter or the relative the vote by mail
10ballot for delivery to the applicant.
11    Upon receipt of the vote by mail ballot, the admitted voter
12shall mark the ballot in secret and subscribe to the
13certifications on the vote by mail ballot return envelope.
14After depositing the ballot in the return envelope and securely
15sealing the envelope, such voter shall give the envelope to the
16precinct voter or the relative who shall deliver it to the
17election authority in sufficient time for the ballot to be
18delivered by the election authority to the election authority's
19central ballot counting location before 7 p.m. on election day.
20    Upon receipt of the admitted voter's vote by mail ballot,
21the ballot shall be counted in the manner prescribed in this
22Article.
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
25by changing Section 4 as follows:
 

 

 

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1    (15 ILCS 335/4)  (from Ch. 124, par. 24)
2    (Text of Section before amendment by P.A. 99-907)
3    Sec. 4. Identification card.
4    (a) The Secretary of State shall issue a standard Illinois
5Identification Card to any natural person who is a resident of
6the State of Illinois who applies for such card, or renewal
7thereof, or who applies for a standard Illinois Identification
8Card upon release as a committed person on parole, mandatory
9supervised release, aftercare release, final discharge, or
10pardon from the Department of Corrections or Department of
11Juvenile Justice by submitting an identification card issued by
12the Department of Corrections or Department of Juvenile Justice
13under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
14Corrections, together with the prescribed fees. No
15identification card shall be issued to any person who holds a
16valid foreign state identification card, license, or permit
17unless the person first surrenders to the Secretary of State
18the valid foreign state identification card, license, or
19permit. The card shall be prepared and supplied by the
20Secretary of State and shall include a photograph and signature
21or mark of the applicant. However, the Secretary of State may
22provide by rule for the issuance of Illinois Identification
23Cards without photographs if the applicant has a bona fide
24religious objection to being photographed or to the display of
25his or her photograph. The Illinois Identification Card may be

 

 

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1used for identification purposes in any lawful situation only
2by the person to whom it was issued. As used in this Act,
3"photograph" means any color photograph or digitally produced
4and captured image of an applicant for an identification card.
5As used in this Act, "signature" means the name of a person as
6written by that person and captured in a manner acceptable to
7the Secretary of State.
8    (a-5) If an applicant for an identification card has a
9current driver's license or instruction permit issued by the
10Secretary of State, the Secretary may require the applicant to
11utilize the same residence address and name on the
12identification card, driver's license, and instruction permit
13records maintained by the Secretary. The Secretary may
14promulgate rules to implement this provision.
15    (a-10) If the applicant is a judicial officer as defined in
16Section 1-10 of the Judicial Privacy Act or a peace officer,
17the applicant may elect to have his or her office or work
18address listed on the card instead of the applicant's residence
19or mailing address. The Secretary may promulgate rules to
20implement this provision. For the purposes of this subsection
21(a-10), "peace officer" means any person who by virtue of his
22or her office or public employment is vested by law with a duty
23to maintain public order or to make arrests for a violation of
24any penal statute of this State, whether that duty extends to
25all violations or is limited to specific violations.
26    (a-15) The Secretary of State may provide for an expedited

 

 

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1process for the issuance of an Illinois Identification Card.
2The Secretary shall charge an additional fee for the expedited
3issuance of an Illinois Identification Card, to be set by rule,
4not to exceed $75. All fees collected by the Secretary for
5expedited Illinois Identification Card service shall be
6deposited into the Secretary of State Special Services Fund.
7The Secretary may adopt rules regarding the eligibility,
8process, and fee for an expedited Illinois Identification Card.
9If the Secretary of State determines that the volume of
10expedited identification card requests received on a given day
11exceeds the ability of the Secretary to process those requests
12in an expedited manner, the Secretary may decline to provide
13expedited services, and the additional fee for the expedited
14service shall be refunded to the applicant.
15    (b) The Secretary of State shall issue a special Illinois
16Identification Card, which shall be known as an Illinois Person
17with a Disability Identification Card, to any natural person
18who is a resident of the State of Illinois, who is a person
19with a disability as defined in Section 4A of this Act, who
20applies for such card, or renewal thereof. No Illinois Person
21with a Disability Identification Card shall be issued to any
22person who holds a valid foreign state identification card,
23license, or permit unless the person first surrenders to the
24Secretary of State the valid foreign state identification card,
25license, or permit. The Secretary of State shall charge no fee
26to issue such card. The card shall be prepared and supplied by

 

 

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1the Secretary of State, and shall include a photograph and
2signature or mark of the applicant, a designation indicating
3that the card is an Illinois Person with a Disability
4Identification Card, and shall include a comprehensible
5designation of the type and classification of the applicant's
6disability as set out in Section 4A of this Act. However, the
7Secretary of State may provide by rule for the issuance of
8Illinois Person with a Disability Identification Cards without
9photographs if the applicant has a bona fide religious
10objection to being photographed or to the display of his or her
11photograph. If the applicant so requests, the card shall
12include a description of the applicant's disability and any
13information about the applicant's disability or medical
14history which the Secretary determines would be helpful to the
15applicant in securing emergency medical care. If a mark is used
16in lieu of a signature, such mark shall be affixed to the card
17in the presence of two witnesses who attest to the authenticity
18of the mark. The Illinois Person with a Disability
19Identification Card may be used for identification purposes in
20any lawful situation by the person to whom it was issued.
21    The Illinois Person with a Disability Identification Card
22may be used as adequate documentation of disability in lieu of
23a physician's determination of disability, a determination of
24disability from a physician assistant, a determination of
25disability from an advanced practice registered nurse, or any
26other documentation of disability whenever any State law

 

 

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1requires that a person with a disability provide such
2documentation of disability, however an Illinois Person with a
3Disability Identification Card shall not qualify the
4cardholder to participate in any program or to receive any
5benefit which is not available to all persons with like
6disabilities. Notwithstanding any other provisions of law, an
7Illinois Person with a Disability Identification Card, or
8evidence that the Secretary of State has issued an Illinois
9Person with a Disability Identification Card, shall not be used
10by any person other than the person named on such card to prove
11that the person named on such card is a person with a
12disability or for any other purpose unless the card is used for
13the benefit of the person named on such card, and the person
14named on such card consents to such use at the time the card is
15so used.
16    An optometrist's determination of a visual disability
17under Section 4A of this Act is acceptable as documentation for
18the purpose of issuing an Illinois Person with a Disability
19Identification Card.
20    When medical information is contained on an Illinois Person
21with a Disability Identification Card, the Office of the
22Secretary of State shall not be liable for any actions taken
23based upon that medical information.
24    (c) The Secretary of State shall provide that each original
25or renewal Illinois Identification Card or Illinois Person with
26a Disability Identification Card issued to a person under the

 

 

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1age of 21 shall be of a distinct nature from those Illinois
2Identification Cards or Illinois Person with a Disability
3Identification Cards issued to individuals 21 years of age or
4older. The color designated for Illinois Identification Cards
5or Illinois Person with a Disability Identification Cards for
6persons under the age of 21 shall be at the discretion of the
7Secretary of State.
8    (c-1) Each original or renewal Illinois Identification
9Card or Illinois Person with a Disability Identification Card
10issued to a person under the age of 21 shall display the date
11upon which the person becomes 18 years of age and the date upon
12which the person becomes 21 years of age.
13    (c-3) The General Assembly recognizes the need to identify
14military veterans living in this State for the purpose of
15ensuring that they receive all of the services and benefits to
16which they are legally entitled, including healthcare,
17education assistance, and job placement. To assist the State in
18identifying these veterans and delivering these vital services
19and benefits, the Secretary of State is authorized to issue
20Illinois Identification Cards and Illinois Person with a
21Disability Identification Cards with the word "veteran"
22appearing on the face of the cards. This authorization is
23predicated on the unique status of veterans. The Secretary may
24not issue any other identification card which identifies an
25occupation, status, affiliation, hobby, or other unique
26characteristics of the identification card holder which is

 

 

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1unrelated to the purpose of the identification card.
2    (c-5) Beginning on or before July 1, 2015, the Secretary of
3State shall designate a space on each original or renewal
4identification card where, at the request of the applicant, the
5word "veteran" shall be placed. The veteran designation shall
6be available to a person identified as a veteran under
7subsection (b) of Section 5 of this Act who was discharged or
8separated under honorable conditions.
9    (d) The Secretary of State may issue a Senior Citizen
10discount card, to any natural person who is a resident of the
11State of Illinois who is 60 years of age or older and who
12applies for such a card or renewal thereof. The Secretary of
13State shall charge no fee to issue such card. The card shall be
14issued in every county and applications shall be made available
15at, but not limited to, nutrition sites, senior citizen centers
16and Area Agencies on Aging. The applicant, upon receipt of such
17card and prior to its use for any purpose, shall have affixed
18thereon in the space provided therefor his signature or mark.
19    (e) The Secretary of State, in his or her discretion, may
20designate on each Illinois Identification Card or Illinois
21Person with a Disability Identification Card a space where the
22card holder may place a sticker or decal, issued by the
23Secretary of State, of uniform size as the Secretary may
24specify, that shall indicate in appropriate language that the
25card holder has renewed his or her Illinois Identification Card
26or 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;
298-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
37-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
4eff. 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
8Identification Card to any natural person who is a resident of
9the State of Illinois who applies for such card, or renewal
10thereof. No identification card shall be issued to any person
11who holds a valid foreign state identification card, license,
12or permit unless the person first surrenders to the Secretary
13of State the valid foreign state identification card, license,
14or permit. The card shall be prepared and supplied by the
15Secretary of State and shall include a photograph and signature
16or mark of the applicant. However, the Secretary of State may
17provide by rule for the issuance of Illinois Identification
18Cards without photographs if the applicant has a bona fide
19religious objection to being photographed or to the display of
20his or her photograph. The Illinois Identification Card may be
21used for identification purposes in any lawful situation only
22by the person to whom it was issued. As used in this Act,
23"photograph" means any color photograph or digitally produced
24and captured image of an applicant for an identification card.
25As used in this Act, "signature" means the name of a person as

 

 

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1written by that person and captured in a manner acceptable to
2the Secretary of State.
3    (a-5) If an applicant for an identification card has a
4current driver's license or instruction permit issued by the
5Secretary of State, the Secretary may require the applicant to
6utilize the same residence address and name on the
7identification card, driver's license, and instruction permit
8records maintained by the Secretary. The Secretary may
9promulgate rules to implement this provision.
10    (a-10) If the applicant is a judicial officer as defined in
11Section 1-10 of the Judicial Privacy Act or a peace officer,
12the applicant may elect to have his or her office or work
13address listed on the card instead of the applicant's residence
14or mailing address. The Secretary may promulgate rules to
15implement this provision. For the purposes of this subsection
16(a-10), "peace officer" means any person who by virtue of his
17or her office or public employment is vested by law with a duty
18to maintain public order or to make arrests for a violation of
19any penal statute of this State, whether that duty extends to
20all violations or is limited to specific violations.
21    (a-15) The Secretary of State may provide for an expedited
22process for the issuance of an Illinois Identification Card.
23The Secretary shall charge an additional fee for the expedited
24issuance of an Illinois Identification Card, to be set by rule,
25not to exceed $75. All fees collected by the Secretary for
26expedited Illinois Identification Card service shall be

 

 

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1deposited into the Secretary of State Special Services Fund.
2The Secretary may adopt rules regarding the eligibility,
3process, and fee for an expedited Illinois Identification Card.
4If the Secretary of State determines that the volume of
5expedited identification card requests received on a given day
6exceeds the ability of the Secretary to process those requests
7in an expedited manner, the Secretary may decline to provide
8expedited services, and the additional fee for the expedited
9service shall be refunded to the applicant.
10    (a-20) The Secretary of State shall issue a standard
11Illinois Identification Card to a committed person upon release
12on parole, mandatory supervised release, aftercare release,
13final discharge, or pardon from the Department of Corrections
14or Department of Juvenile Justice, if the released person
15presents a certified copy of his or her birth certificate,
16social security card or other documents authorized by the
17Secretary, and 2 documents proving his or her Illinois
18residence address. Documents proving residence address may
19include any official document of the Department of Corrections
20or the Department of Juvenile Justice showing the released
21person's address after release and a Secretary of State
22prescribed certificate of residency form, which may be executed
23by Department of Corrections or Department of Juvenile Justice
24personnel.
25    (a-25) The Secretary of State shall issue a limited-term
26Illinois Identification Card valid for 90 days to a committed

 

 

10000HB0313ham002- 22 -LRB100 04130 SMS 22956 a

1person upon release on parole, mandatory supervised release,
2aftercare release, final discharge, or pardon from the
3Department of Corrections or Department of Juvenile Justice, if
4the released person is unable to present a certified copy of
5his or her birth certificate and social security card or other
6documents authorized by the Secretary, but does present a
7Secretary of State prescribed verification form completed by
8the Department of Corrections or Department of Juvenile
9Justice, verifying the released person's date of birth and
10social security number and 2 documents proving his or her
11Illinois residence address. The verification form must have
12been completed no more than 30 days prior to the date of
13application for the Illinois Identification Card. Documents
14proving residence address shall include any official document
15of the Department of Corrections or the Department of Juvenile
16Justice showing the person's address after release and a
17Secretary of State prescribed certificate of residency, which
18may be executed by Department of Corrections or Department of
19Juvenile Justice personnel.
20    Prior to the expiration of the 90-day period of the
21limited-term Illinois Identification Card, if the released
22person submits to the Secretary of State a certified copy of
23his or her birth certificate and his or her social security
24card or other documents authorized by the Secretary, a standard
25Illinois Identification Card shall be issued. A limited-term
26Illinois Identification Card may not be renewed.

 

 

10000HB0313ham002- 23 -LRB100 04130 SMS 22956 a

1    (b) The Secretary of State shall issue a special Illinois
2Identification Card, which shall be known as an Illinois Person
3with a Disability Identification Card, to any natural person
4who is a resident of the State of Illinois, who is a person
5with a disability as defined in Section 4A of this Act, who
6applies for such card, or renewal thereof. No Illinois Person
7with a Disability Identification Card shall be issued to any
8person who holds a valid foreign state identification card,
9license, or permit unless the person first surrenders to the
10Secretary of State the valid foreign state identification card,
11license, or permit. The Secretary of State shall charge no fee
12to issue such card. The card shall be prepared and supplied by
13the Secretary of State, and shall include a photograph and
14signature or mark of the applicant, a designation indicating
15that the card is an Illinois Person with a Disability
16Identification Card, and shall include a comprehensible
17designation of the type and classification of the applicant's
18disability as set out in Section 4A of this Act. However, the
19Secretary of State may provide by rule for the issuance of
20Illinois Person with a Disability Identification Cards without
21photographs if the applicant has a bona fide religious
22objection to being photographed or to the display of his or her
23photograph. If the applicant so requests, the card shall
24include a description of the applicant's disability and any
25information about the applicant's disability or medical
26history which the Secretary determines would be helpful to the

 

 

10000HB0313ham002- 24 -LRB100 04130 SMS 22956 a

1applicant in securing emergency medical care. If a mark is used
2in lieu of a signature, such mark shall be affixed to the card
3in the presence of two witnesses who attest to the authenticity
4of the mark. The Illinois Person with a Disability
5Identification Card may be used for identification purposes in
6any lawful situation by the person to whom it was issued.
7    The Illinois Person with a Disability Identification Card
8may be used as adequate documentation of disability in lieu of
9a physician's determination of disability, a determination of
10disability from a physician assistant, a determination of
11disability from an advanced practice registered nurse, or any
12other documentation of disability whenever any State law
13requires that a person with a disability provide such
14documentation of disability, however an Illinois Person with a
15Disability Identification Card shall not qualify the
16cardholder to participate in any program or to receive any
17benefit which is not available to all persons with like
18disabilities. Notwithstanding any other provisions of law, an
19Illinois Person with a Disability Identification Card, or
20evidence that the Secretary of State has issued an Illinois
21Person with a Disability Identification Card, shall not be used
22by any person other than the person named on such card to prove
23that the person named on such card is a person with a
24disability or for any other purpose unless the card is used for
25the benefit of the person named on such card, and the person
26named on such card consents to such use at the time the card is

 

 

10000HB0313ham002- 25 -LRB100 04130 SMS 22956 a

1so used.
2    An optometrist's determination of a visual disability
3under Section 4A of this Act is acceptable as documentation for
4the purpose of issuing an Illinois Person with a Disability
5Identification Card.
6    When medical information is contained on an Illinois Person
7with a Disability Identification Card, the Office of the
8Secretary of State shall not be liable for any actions taken
9based upon that medical information.
10    (c) The Secretary of State shall provide that each original
11or renewal Illinois Identification Card or Illinois Person with
12a Disability Identification Card issued to a person under the
13age of 21 shall be of a distinct nature from those Illinois
14Identification Cards or Illinois Person with a Disability
15Identification Cards issued to individuals 21 years of age or
16older. The color designated for Illinois Identification Cards
17or Illinois Person with a Disability Identification Cards for
18persons under the age of 21 shall be at the discretion of the
19Secretary of State.
20    (c-1) Each original or renewal Illinois Identification
21Card or Illinois Person with a Disability Identification Card
22issued to a person under the age of 21 shall display the date
23upon which the person becomes 18 years of age and the date upon
24which the person becomes 21 years of age.
25    (c-3) The General Assembly recognizes the need to identify
26military veterans living in this State for the purpose of

 

 

10000HB0313ham002- 26 -LRB100 04130 SMS 22956 a

1ensuring that they receive all of the services and benefits to
2which they are legally entitled, including healthcare,
3education assistance, and job placement. To assist the State in
4identifying these veterans and delivering these vital services
5and benefits, the Secretary of State is authorized to issue
6Illinois Identification Cards and Illinois Person with a
7Disability Identification Cards with the word "veteran"
8appearing on the face of the cards. This authorization is
9predicated on the unique status of veterans. The Secretary may
10not issue any other identification card which identifies an
11occupation, status, affiliation, hobby, or other unique
12characteristics of the identification card holder which is
13unrelated to the purpose of the identification card.
14    (c-5) Beginning on or before July 1, 2015, the Secretary of
15State shall designate a space on each original or renewal
16identification card where, at the request of the applicant, the
17word "veteran" shall be placed. The veteran designation shall
18be available to a person identified as a veteran under
19subsection (b) of Section 5 of this Act who was discharged or
20separated under honorable conditions.
21    (d) The Secretary of State may issue a Senior Citizen
22discount card, to any natural person who is a resident of the
23State of Illinois who is 60 years of age or older and who
24applies for such a card or renewal thereof. The Secretary of
25State shall charge no fee to issue such card. The card shall be
26issued in every county and applications shall be made available

 

 

10000HB0313ham002- 27 -LRB100 04130 SMS 22956 a

1at, but not limited to, nutrition sites, senior citizen centers
2and Area Agencies on Aging. The applicant, upon receipt of such
3card and prior to its use for any purpose, shall have affixed
4thereon in the space provided therefor his signature or mark.
5    (e) The Secretary of State, in his or her discretion, may
6designate on each Illinois Identification Card or Illinois
7Person with a Disability Identification Card a space where the
8card holder may place a sticker or decal, issued by the
9Secretary of State, of uniform size as the Secretary may
10specify, that shall indicate in appropriate language that the
11card holder has renewed his or her Illinois Identification Card
12or Illinois Person with a Disability Identification Card.
13(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
1498-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
157-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
16eff. 7-28-16; 99-907, eff. 7-1-17.)
 
17    Section 25. The Alcoholism and Other Drug Abuse and
18Dependency 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

 

 

10000HB0313ham002- 28 -LRB100 04130 SMS 22956 a

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.

 

 

10000HB0313ham002- 29 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 30 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 31 -LRB100 04130 SMS 22956 a

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.

 

 

10000HB0313ham002- 32 -LRB100 04130 SMS 22956 a

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
12antagonists.
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,

 

 

10000HB0313ham002- 33 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 34 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 35 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 36 -LRB100 04130 SMS 22956 a

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;
2299-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)
 
23    Section 30. The Department of Central Management Services
24Law of the Civil Administrative Code of Illinois is amended by
25changing Section 405-105 as follows:
 

 

 

10000HB0313ham002- 37 -LRB100 04130 SMS 22956 a

1    (20 ILCS 405/405-105)  (was 20 ILCS 405/64.1)
2    Sec. 405-105. Fidelity, surety, property, and casualty
3insurance. The Department shall establish and implement a
4program to coordinate the handling of all fidelity, surety,
5property, and casualty insurance exposures of the State and the
6departments, divisions, agencies, branches, and universities
7of the State. In performing this responsibility, the Department
8shall 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

 

 

10000HB0313ham002- 38 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 39 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 40 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 41 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 42 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 43 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 44 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 45 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 46 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 47 -LRB100 04130 SMS 22956 a

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.

 

 

10000HB0313ham002- 48 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 49 -LRB100 04130 SMS 22956 a

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
14Networks 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
18Services shall convene a Regional Integrated Behavioral Health
19Networks Steering Committee (hereinafter "Steering Committee")
20comprised of State agencies involved in the provision,
21regulation, or financing of health, mental health, substance
22abuse, rehabilitation, and other services. These include, but
23shall not be limited to, the following agencies:
24        (1) The Department of Healthcare and Family Services.

 

 

10000HB0313ham002- 50 -LRB100 04130 SMS 22956 a

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
7each Network. The agencies of the Steering Committee are
8directed to work collaboratively to provide consultation,
9advice, and leadership to the Networks in facilitating
10communication within and across multiple agencies and in
11removing regulatory barriers that may prevent Networks from
12accomplishing the goals. The Steering Committee collectively
13or through one of its member Agencies shall also provide
14technical assistance to the Networks.
15    (b) There also shall be convened Networks in each of the
16Department of Human Services' regions comprised of
17representatives of community stakeholders represented in the
18Network, including when available, but not limited to, relevant
19trade and professional associations representing hospitals,
20community providers, public health care, hospice care, long
21term care, law enforcement, emergency medical service,
22physicians, advanced practice registered nurses, and physician
23assistants trained in psychiatry; an organization that
24advocates on behalf of federally qualified health centers, an
25organization that advocates on behalf of persons suffering with
26mental illness and substance abuse disorders, an organization

 

 

10000HB0313ham002- 51 -LRB100 04130 SMS 22956 a

1that advocates on behalf of persons with disabilities, an
2organization that advocates on behalf of persons who live in
3rural areas, an organization that advocates on behalf of
4persons who live in medically underserved areas; and others
5designated by the Steering Committee or the Networks. A member
6from each Network may choose a representative who may serve on
7the Steering Committee.
8(Source: P.A. 99-581, eff. 1-1-17.)
 
9    Section 40. The Mental Health and Developmental
10Disabilities Administrative Act is amended by changing
11Sections 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
14procedures and standards by which it shall approve medications
15for clinical use in its facilities. A list of those drugs
16approved pursuant to these procedures shall be distributed to
17all Department facilities.
18    Drugs not listed by the Department may not be administered
19in facilities under the jurisdiction of the Department,
20provided that an unlisted drug may be administered as part of
21research with the prior written consent of the Secretary
22specifying the nature of the permitted use and the physicians
23authorized to prescribe the drug. Drugs, as used in this
24Section, mean psychotropic and narcotic drugs.

 

 

10000HB0313ham002- 52 -LRB100 04130 SMS 22956 a

1    No physician, advanced practice registered nurse, or
2physician assistant in the Department shall sign a prescription
3in blank, nor permit blank prescription forms to circulate out
4of 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
8operate a facility for the care, custody, and treatment of
9persons with mental illness or habilitation of persons with
10developmental disabilities hereinafter designated, to be known
11as the Chester Mental Health Center.
12    Within the Chester Mental Health Center there shall be
13confined the following classes of persons, whose history, in
14the opinion of the Department, discloses dangerous or violent
15tendencies and who, upon examination under the direction of the
16Department, have been found a fit subject for confinement in
17that 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

 

 

10000HB0313ham002- 53 -LRB100 04130 SMS 22956 a

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
6Chester Mental Health Center that it is necessary to confine
7persons in order to maintain security or provide for the
8protection and safety of recipients and staff, the Chester
9Mental Health Center may confine all persons on a unit to their
10rooms. This period of confinement shall not exceed 10 hours in
11a 24 hour period, including the recipient's scheduled hours of
12sleep, unless approved by the Secretary of the Department.
13During the period of confinement, the persons confined shall be
14observed at least every 15 minutes. A record shall be kept of
15the observations. This confinement shall not be considered
16seclusion as defined in the Mental Health and Developmental
17Disabilities Code.
18    The facility director of the Chester Mental Health Center
19may authorize the temporary use of handcuffs on a recipient for
20a period not to exceed 10 minutes when necessary in the course
21of transport of the recipient within the facility to maintain
22custody or security. Use of handcuffs is subject to the
23provisions of Section 2-108 of the Mental Health and
24Developmental Disabilities Code. The facility shall keep a
25monthly record listing each instance in which handcuffs are
26used, circumstances indicating the need for use of handcuffs,

 

 

10000HB0313ham002- 54 -LRB100 04130 SMS 22956 a

1and time of application of handcuffs and time of release
2therefrom. The facility director shall allow the Illinois
3Guardianship and Advocacy Commission, the agency designated by
4the Governor under Section 1 of the Protection and Advocacy for
5Persons with Developmental Disabilities Act, and the
6Department to examine and copy such record upon request.
7    The facility director of the Chester Mental Health Center
8may authorize the temporary use of transport devices on a civil
9recipient when necessary in the course of transport of the
10civil recipient outside the facility to maintain custody or
11security. The decision whether to use any transport devices
12shall be reviewed and approved on an individualized basis by a
13physician, an advanced practice registered nurse, or a
14physician assistant based upon a determination of the civil
15recipient's: (1) history of violence, (2) history of violence
16during transports, (3) history of escapes and escape attempts,
17(4) history of trauma, (5) history of incidents of restraint or
18seclusion and use of involuntary medication, (6) current
19functioning level and medical status, and (7) prior experience
20during similar transports, and the length, duration, and
21purpose of the transport. The least restrictive transport
22device consistent with the individual's need shall be used.
23Staff transporting the individual shall be trained in the use
24of the transport devices, recognizing and responding to a
25person in distress, and shall observe and monitor the
26individual while being transported. The facility shall keep a

 

 

10000HB0313ham002- 55 -LRB100 04130 SMS 22956 a

1monthly record listing all transports, including those
2transports for which use of transport devices was not sought,
3those for which use of transport devices was sought but denied,
4and each instance in which transport devices are used,
5circumstances indicating the need for use of transport devices,
6time of application of transport devices, time of release from
7those devices, and any adverse events. The facility director
8shall allow the Illinois Guardianship and Advocacy Commission,
9the agency designated by the Governor under Section 1 of the
10Protection and Advocacy for Persons with Developmental
11Disabilities Act, and the Department to examine and copy the
12record upon request. This use of transport devices shall not be
13considered restraint as defined in the Mental Health and
14Developmental Disabilities Code. For the purpose of this
15Section "transport device" means ankle cuffs, handcuffs, waist
16chains or wrist-waist devices designed to restrict an
17individual's range of motion while being transported. These
18devices must be approved by the Division of Mental Health, used
19in accordance with the manufacturer's instructions, and used
20only by qualified staff members who have completed all training
21required to be eligible to transport patients and all other
22required training relating to the safe use and application of
23transport devices, including recognizing and responding to
24signs of distress in an individual whose movement is being
25restricted by a transport device.
26    If and when it shall appear to the satisfaction of the

 

 

10000HB0313ham002- 56 -LRB100 04130 SMS 22956 a

1Department that any person confined in the Chester Mental
2Health Center is not or has ceased to be such a source of
3danger to the public as to require his subjection to the
4regimen of the center, the Department is hereby authorized to
5transfer such person to any State facility for treatment of
6persons with mental illness or habilitation of persons with
7developmental disabilities, as the nature of the individual
8case may require.
9    Subject to the provisions of this Section, the Department,
10except where otherwise provided by law, shall, with respect to
11the management, conduct and control of the Chester Mental
12Health Center and the discipline, custody and treatment of the
13persons confined therein, have and exercise the same rights and
14powers as are vested by law in the Department with respect to
15any and all of the State facilities for treatment of persons
16with mental illness or habilitation of persons with
17developmental disabilities, and the recipients thereof, and
18shall be subject to the same duties as are imposed by law upon
19the Department with respect to such facilities and the
20recipients thereof.
21    The Department may elect to place persons who have been
22ordered by the court to be detained under the Sexually Violent
23Persons Commitment Act in a distinct portion of the Chester
24Mental Health Center. The persons so placed shall be separated
25and shall not comingle with the recipients of the Chester
26Mental Health Center. The portion of Chester Mental Health

 

 

10000HB0313ham002- 57 -LRB100 04130 SMS 22956 a

1Center that is used for the persons detained under the Sexually
2Violent Persons Commitment Act shall not be a part of the
3mental health facility for the enforcement and implementation
4of the Mental Health and Developmental Disabilities Code nor
5shall their care and treatment be subject to the provisions of
6the Mental Health and Developmental Disabilities Code. The
7changes added to this Section by this amendatory Act of the
898th General Assembly are inoperative on and after June 30,
92015.
10(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13;
1198-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-581, eff.
121-1-17.)
 
13    (20 ILCS 1705/15.4)
14    Sec. 15.4. Authorization for nursing delegation to permit
15direct care staff to administer medications.
16    (a) This Section applies to (i) all programs for persons
17with a developmental disability in settings of 16 persons or
18fewer that are funded or licensed by the Department of Human
19Services and that distribute or administer medications and (ii)
20all intermediate care facilities for persons with
21developmental disabilities with 16 beds or fewer that are
22licensed by the Department of Public Health. The Department of
23Human Services shall develop a training program for authorized
24direct care staff to administer medications under the
25supervision and monitoring of a registered professional nurse.

 

 

10000HB0313ham002- 58 -LRB100 04130 SMS 22956 a

1This training program shall be developed in consultation with
2professional associations representing (i) physicians licensed
3to practice medicine in all its branches, (ii) registered
4professional nurses, and (iii) pharmacists.
5    (b) For the purposes of this Section:
6    "Authorized direct care staff" means non-licensed persons
7who have successfully completed a medication administration
8training program approved by the Department of Human Services
9and conducted by a nurse-trainer. This authorization is
10specific to an individual receiving service in a specific
11agency and does not transfer to another agency.
12    "Medications" means oral and topical medications, insulin
13in an injectable form, oxygen, epinephrine auto-injectors, and
14vaginal and rectal creams and suppositories. "Oral" includes
15inhalants and medications administered through enteral tubes,
16utilizing aseptic technique. "Topical" includes eye, ear, and
17nasal medications. Any controlled substances must be packaged
18specifically for an identified individual.
19    "Insulin in an injectable form" means a subcutaneous
20injection via an insulin pen pre-filled by the manufacturer.
21Authorized direct care staff may administer insulin, as ordered
22by a physician, advanced practice registered nurse, or
23physician assistant, if: (i) the staff has successfully
24completed a Department-approved advanced training program
25specific to insulin administration developed in consultation
26with professional associations listed in subsection (a) of this

 

 

10000HB0313ham002- 59 -LRB100 04130 SMS 22956 a

1Section, and (ii) the staff consults with the registered nurse,
2prior to administration, of any insulin dose that is determined
3based on a blood glucose test result. The authorized direct
4care staff shall not: (i) calculate the insulin dosage needed
5when the dose is dependent upon a blood glucose test result, or
6(ii) administer insulin to individuals who require blood
7glucose monitoring greater than 3 times daily, unless directed
8to do so by the registered nurse.
9    "Nurse-trainer training program" means a standardized,
10competency-based medication administration train-the-trainer
11program provided by the Department of Human Services and
12conducted by a Department of Human Services master
13nurse-trainer for the purpose of training nurse-trainers to
14train persons employed or under contract to provide direct care
15or treatment to individuals receiving services to administer
16medications and provide self-administration of medication
17training to individuals under the supervision and monitoring of
18the nurse-trainer. The program incorporates adult learning
19styles, teaching strategies, classroom management, and a
20curriculum overview, including the ethical and legal aspects of
21supervising those administering medications.
22    "Self-administration of medications" means an individual
23administers his or her own medications. To be considered
24capable to self-administer their own medication, individuals
25must, at a minimum, be able to identify their medication by
26size, shape, or color, know when they should take the

 

 

10000HB0313ham002- 60 -LRB100 04130 SMS 22956 a

1medication, and know the amount of medication to be taken each
2time.
3    "Training program" means a standardized medication
4administration training program approved by the Department of
5Human Services and conducted by a registered professional nurse
6for the purpose of training persons employed or under contract
7to provide direct care or treatment to individuals receiving
8services to administer medications and provide
9self-administration of medication training to individuals
10under the delegation and supervision of a nurse-trainer. The
11program incorporates adult learning styles, teaching
12strategies, classroom management, curriculum overview,
13including ethical-legal aspects, and standardized
14competency-based evaluations on administration of medications
15and self-administration of medication training programs.
16    (c) Training and authorization of non-licensed direct care
17staff by nurse-trainers must meet the requirements of this
18subsection.
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

 

 

10000HB0313ham002- 61 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 62 -LRB100 04130 SMS 22956 a

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
8following 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
21administer medications are responsible for documenting and
22maintaining records on the training that is completed.
23    (g) The absence of this training program constitutes a
24threat to the public interest, safety, and welfare and
25necessitates emergency rulemaking by the Departments of Human
26Services and Public Health under Section 5-45 of the Illinois

 

 

10000HB0313ham002- 65 -LRB100 04130 SMS 22956 a

1Administrative Procedure Act.
2    (h) Direct care staff who fail to qualify for delegated
3authority to administer medications pursuant to the provisions
4of this Section shall be given additional education and testing
5to meet criteria for delegation authority to administer
6medications. Any direct care staff person who fails to qualify
7as an authorized direct care staff after initial training and
8testing must within 3 months be given another opportunity for
9retraining and retesting. A direct care staff person who fails
10to meet criteria for delegated authority to administer
11medication, including, but not limited to, failure of the
12written test on 2 occasions shall be given consideration for
13shift transfer or reassignment, if possible. No employee shall
14be terminated for failure to qualify during the 3-month time
15period following initial testing. Refusal to complete training
16and testing required by this Section may be grounds for
17immediate dismissal.
18    (i) No authorized direct care staff person delegated to
19administer medication shall be subject to suspension or
20discharge for errors resulting from the staff person's acts or
21omissions when performing the functions unless the staff
22person's actions or omissions constitute willful and wanton
23conduct. Nothing in this subsection is intended to supersede
24paragraph (4) of subsection (c).
25    (j) A registered professional nurse, advanced practice
26registered nurse, physician licensed to practice medicine in

 

 

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1all its branches, or physician assistant shall be on duty or on
2call at all times in any program covered by this Section.
3    (k) The employer shall be responsible for maintaining
4liability insurance for any program covered by this Section.
5    (l) Any direct care staff person who qualifies as
6authorized direct care staff pursuant to this Section shall be
7granted consideration for a one-time additional salary
8differential. The Department shall determine and provide the
9necessary funding for the differential in the base. This
10subsection (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,
12eff. 7-20-15; 99-143, eff. 7-27-15; 99-581, eff. 1-1-17.)
 
13    Section 45. The Department of Professional Regulation Law
14of the Civil Administrative Code of Illinois is amended by
15changing 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
20under the Medical Practice Act of 1987, a dentist licensed
21under the Illinois Dental Practice Act, an optometrist licensed
22under the Illinois Optometric Practice Act of 1987, a physician
23assistant licensed under the Physician Assistant Practice Act
24of 1987, and a nurse or advanced practice registered nurse

 

 

10000HB0313ham002- 67 -LRB100 04130 SMS 22956 a

1licensed under the Nurse Practice Act. The Department may
2expand this definition by rule.
3    "Volunteer practice" means the practice of a licensed
4health care professional for the benefit of an individual or
5the public and without compensation for the health care
6services provided.
7    (b) The Department may grant a volunteer license to a
8health 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
19the licensing Act that applies to the health care
20professional's given health care profession, and the licensure
21fee shall be set by rule in accordance with subsection (f).
22    (d) No health care professional shall hold a non-volunteer
23license in a health care profession and a volunteer license in
24that profession at the same time. In the event that the health
25care professional obtains a volunteer license in the profession
26for which he or she holds a non-volunteer license, that

 

 

10000HB0313ham002- 68 -LRB100 04130 SMS 22956 a

1non-volunteer license shall automatically be placed in
2inactive status. In the event that a health care professional
3obtains a non-volunteer license in the profession for which he
4or she holds a volunteer license, the volunteer license shall
5be placed in inactive status. Practicing on an expired
6volunteer license constitutes the unlicensed practice of the
7health care professional's profession.
8    (e) Nothing in this Section shall be construed to waive or
9modify any statute, rule, or regulation concerning the
10licensure or practice of any health care profession. A health
11care professional who holds a volunteer license shall be
12subject to all statutes, rules, and regulations governing his
13or her profession. The Department shall waive the licensure fee
14for the first 500 volunteer licenses issued and may by rule
15provide for a fee waiver or fee reduction that shall apply to
16all licenses issued after the initial 500.
17    (f) The Department shall determine by rule the total number
18of volunteer licenses to be issued. The Department shall file
19proposed rules implementing this Section within 6 months after
20the effective date of this amendatory Act of the 98th General
21Assembly.
22(Source: P.A. 98-659, eff. 6-23-14.)
 
23    Section 50. The Department of Public Health Act is amended
24by 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
3adopt rules requiring that upon death of a person who had or is
4suspected of having an infectious or communicable disease that
5could be transmitted through contact with the person's body or
6bodily fluids, the body shall be labeled "Infection Hazard", or
7with an equivalent term to inform persons having subsequent
8contact with the body, including any funeral director or
9embalmer, to take suitable precautions. Such rules shall
10require that the label shall be prominently displayed on and
11affixed to the outer wrapping or covering of the body if the
12body is wrapped or covered in any manner. Responsibility for
13such labeling shall lie with the attending physician, advanced
14practice registered nurse, or physician assistant who
15certifies death, or if the death occurs in a health care
16facility, with such staff member as may be designated by the
17administrator of the facility. The Department may adopt rules
18providing for the safe disposal of human remains. To the extent
19feasible without endangering the public's health, the
20Department shall respect and accommodate the religious beliefs
21of 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

 

 

10000HB0313ham002- 70 -LRB100 04130 SMS 22956 a

1federal funds, State funds appropriated for that purpose, or
2other available funding as provided for in this Section, shall
3establish, promote, and maintain an Osteoporosis Prevention
4and Education Program to promote public awareness of the causes
5of osteoporosis, options for prevention, the value of early
6detection, and possible treatments (including the benefits and
7risks of those treatments). The Department may accept, for that
8purpose, any special grant of money, services, or property from
9the federal government or any of its agencies or from any
10foundation, 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.

 

 

10000HB0313ham002- 71 -LRB100 04130 SMS 22956 a

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
23board to the Department with specific respect to the prevention
24and education activities related to osteoporosis described in
25this Section. The State Board of Health shall assist the
26Department in implementing this Section.

 

 

10000HB0313ham002- 72 -LRB100 04130 SMS 22956 a

1(Source: P.A. 99-581, eff. 1-1-17.)
 
2    Section 55. The Department of Public Health Powers and
3Duties Law of the Civil Administrative Code of Illinois is
4amended by changing Sections 2310-145, 2310-397, 2310-410,
52310-600, 2310-677, and 2310-690 as follows:
 
6    (20 ILCS 2310/2310-145)
7    Sec. 2310-145. Registry of health care professionals. The
8Department of Public Health shall maintain a registry of all
9active-status health care professionals, including nurses,
10nurse practitioners, advanced practice registered nurses,
11physicians, physician assistants, psychologists, professional
12counselors, clinical professional counselors, and pharmacists.
13    The registry must consist of information shared between the
14Department of Public Health and the Department of Financial and
15Professional Regulation via a secure communication link. The
16registry must be updated on a quarterly basis.
17    The registry shall be accessed in the event of an act of
18bioterrorism or other public health emergency or for the
19planning 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

 

 

10000HB0313ham002- 73 -LRB100 04130 SMS 22956 a

1available funding, shall conduct a program to promote awareness
2and early detection of prostate and testicular cancer. The
3program 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
13development and dissemination, through print and broadcast
14media, of public service announcements that publicize the
15importance of prostate cancer screening for men over age 40.
16    (b) Subject to appropriation or other available funding, a
17Prostate Cancer Screening Program shall be established in the
18Department 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

 

 

10000HB0313ham002- 74 -LRB100 04130 SMS 22956 a

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.

 

 

10000HB0313ham002- 75 -LRB100 04130 SMS 22956 a

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
19Prostate Cancer Screening Program in accordance with the
20Illinois 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
24information campaign for physicians, advanced practice
25registered nurses, physician assistants, hospitals, health

 

 

10000HB0313ham002- 76 -LRB100 04130 SMS 22956 a

1facilities, public health departments, and the general public
2on sickle cell disease, methods of care, and treatment
3modalities available; to identify and catalogue sickle cell
4resources in this State for distribution and referral purposes;
5and to coordinate services with the established programs,
6including 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
11publish the summary of advance directives law, as required by
12the federal Patient Self-Determination Act, and related forms.
13Publication may be limited to the World Wide Web. The summary
14required under this subsection (a) must include the Department
15of Public Health Uniform POLST form.
16    (b) The Department of Public Health shall publish Spanish
17language 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
2organization representing physicians licensed to practice
3medicine in all its branches, statewide organizations
4representing physician assistants, advanced practice
5registered nurses, nursing homes, registered professional
6nurses, and emergency medical systems, and a statewide
7organization representing hospitals, the Department of Public
8Health shall develop and publish a uniform form for
9practitioner cardiopulmonary resuscitation (CPR) or
10life-sustaining treatment orders that may be utilized in all
11settings. The form shall meet the published minimum
12requirements to nationally be considered a practitioner orders
13for life-sustaining treatment form, or POLST, and may be
14referred to as the Department of Public Health Uniform POLST
15form. This form does not replace a physician's or other
16practitioner's authority to make a do-not-resuscitate (DNR)
17order.
18    (c) (Blank).
19    (d) The Department of Public Health shall publish the
20Department of Public Health Uniform POLST form reflecting the
21changes made by this amendatory Act of the 98th General
22Assembly no later than January 1, 2015.
23(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16;
2499-581, 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
3Committee.
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
8adverse conditions that occur in a newborn infant who was
9exposed to addictive or prescription drugs while in the
10mother's womb.
11    (b) There is created the Advisory Committee on Neonatal
12Abstinence Syndrome. The Advisory Committee shall consist of up
13to 10 members appointed by the Director of Public Health. The
14Director shall make the appointments within 90 days after the
15effective date of this amendatory Act of the 99th General
16Assembly. Members shall receive no compensation for their
17services. The members of the Advisory Committee shall represent
18different racial, ethnic, and geographic backgrounds and
19consist 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
14Section, the following persons or their designees shall serve
15as ex officio members of the Advisory Committee: the Director
16of Public Health, the Secretary of Human Services, the Director
17of Healthcare and Family Services, and the Director of Children
18and Family Services. The Director of Public Health, or his or
19her designee, shall serve as Chair of the Committee.
20    (d) The Advisory Committee shall meet at the call of the
21Chair. The Committee shall meet at least 3 times each year and
22its initial meeting shall take place within 120 days after the
23effective date of this Act. The Advisory Committee shall advise
24and assist the Department to:
25        (1) develop an appropriate standard clinical
26    definition of "NAS";

 

 

10000HB0313ham002- 80 -LRB100 04130 SMS 22956 a

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
12of its activities and recommendations to the Director, the
13General Assembly, and the Governor by March 31 of each year
14beginning in 2016. The final report of the Advisory Committee
15shall 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

 

 

10000HB0313ham002- 81 -LRB100 04130 SMS 22956 a

1    services.
2    (b) The Department shall develop or approve and publish
3informational materials for women who may become pregnant,
4expectant 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
13under 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
21any relevant health care professional associations or
22community resources, including faith-based resources, to
23promote education about CMV under this Section.
24    (f) If a newborn infant fails the 2 initial hearing
25screenings in the hospital, then the hospital performing that
26screening shall provide to the parents of the newborn infant

 

 

10000HB0313ham002- 82 -LRB100 04130 SMS 22956 a

1information regarding: (i) birth defects caused by congenital
2CMV; (ii) testing opportunities and options for CMV, including
3the opportunity to test for CMV before leaving the hospital;
4and (iii) early intervention services. Health care
5professionals and providers may, but are not required to, use
6the materials developed by the Department for distribution to
7parents of newborn infants.
8(Source: P.A. 99-424, eff. 1-1-16; 99-581, eff. 1-1-17; 99-642,
9eff. 7-28-26.)
 
10    Section 60. The Community Health Worker Advisory Board Act
11is 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
15Workers. The Board shall consist of 16 members appointed by the
16Director of Public Health. The Director shall make the
17appointments to the Board within 90 days after the effective
18date of this Act. The members of the Board shall represent
19different racial and ethnic backgrounds and have the
20qualifications 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

 

 

10000HB0313ham002- 83 -LRB100 04130 SMS 22956 a

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
25shall serve as ex officio, non-voting members of the Board: the
26Executive Director of the Illinois Community College Board, the

 

 

10000HB0313ham002- 84 -LRB100 04130 SMS 22956 a

1Director of Children and Family Services, the Director of
2Aging, the Director of Public Health, the Director of
3Employment Security, the Director of Commerce and Economic
4Opportunity, the Secretary of Financial and Professional
5Regulation, the Director of Healthcare and Family Services, and
6the Secretary of Human Services.
7    (c) The voting members of the Board shall select a
8chairperson from the voting members of the Board. The Board
9shall consult with additional experts as needed. Members of the
10Board shall serve without compensation. The Department shall
11provide administrative and staff support to the Board. The
12meetings of the Board are subject to the provisions of the Open
13Meetings Act.
14    (d) The Board shall consider the core competencies of a
15community health worker, including skills and areas of
16knowledge that are essential to bringing about expanded health
17and wellness in diverse communities and reducing health
18disparities. As relating to members of communities and health
19teams, the core competencies for effective community health
20workers 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;

 

 

10000HB0313ham002- 85 -LRB100 04130 SMS 22956 a

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
11by 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
15Foreclosure Prevention Program. The Authority shall use moneys
16in the Foreclosure Prevention Program Fund, and any other funds
17appropriated for this purpose, to make grants to (i) approved
18counseling agencies for approved housing counseling and (ii)
19approved community-based organizations for approved
20foreclosure prevention outreach programs. The Authority shall
21promulgate rules to implement this Program and may adopt
22emergency rules as soon as practicable to begin implementation
23of the Program.
24    (b) Subject to appropriation and the annual receipt of

 

 

10000HB0313ham002- 86 -LRB100 04130 SMS 22956 a

1funds, the Authority shall make grants from the Foreclosure
2Prevention Program Fund derived from fees paid as specified in
3subsection (a) of Section 15-1504.1 of the Code of Civil
4Procedure 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.

 

 

10000HB0313ham002- 87 -LRB100 04130 SMS 22956 a

1    (b-1) Subject to appropriation and the annual receipt of
2funds, the Authority shall make grants from the Foreclosure
3Prevention Program Graduated Fund derived from fees paid as
4specified in paragraph (1) of subsection (a-5) of Section
515-1504.1 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
24calculated after deduction of reimbursable administrative
25expenses incurred by the Authority, but shall not be greater
26than 4% of the annual appropriated amount.

 

 

10000HB0313ham002- 88 -LRB100 04130 SMS 22956 a

1    (b-5) As used in this Section:
2    "Approved community-based organization" means a
3not-for-profit entity that provides educational and financial
4information to residents of a community through in-person
5contact. "Approved community-based organization" does not
6include a not-for-profit corporation or other entity or person
7that provides legal representation or advice in a civil
8proceeding or court-sponsored mediation services, or a
9governmental agency.
10    "Approved foreclosure prevention outreach program" means a
11program developed by an approved community-based organization
12that includes in-person contact with residents to provide (i)
13pre-purchase and post-purchase home ownership counseling, (ii)
14education about the foreclosure process and the options of a
15mortgagor in a foreclosure proceeding, and (iii) programs
16developed by an approved community-based organization in
17conjunction with a State or federally chartered financial
18institution.
19    "Approved counseling agency" means a housing counseling
20agency approved by the U.S. Department of Housing and Urban
21Development.
22    "Approved housing counseling" means in-person counseling
23provided by a counselor employed by an approved counseling
24agency to all borrowers, or documented telephone counseling
25where a hardship would be imposed on one or more borrowers. A
26hardship shall exist in instances in which the borrower is

 

 

10000HB0313ham002- 89 -LRB100 04130 SMS 22956 a

1confined to his or her home due to a medical condition, as
2verified in writing by a physician, advanced practice
3registered nurse, or physician assistant, or the borrower
4resides 50 miles or more from the nearest approved counseling
5agency. In instances of telephone counseling, the borrower must
6supply all necessary documents to the counselor at least 72
7hours prior to the scheduled telephone counseling session.
8    (c) (Blank).
9    (c-5) Where the jurisdiction of an approved counseling
10agency is included within more than one of the geographic areas
11set forth in this Section, the Authority may elect to fully
12fund 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
15Sections 15-168 and 15-172 as follows:
 
16    (35 ILCS 200/15-168)
17    Sec. 15-168. Homestead exemption for persons with
18disabilities.
19    (a) Beginning with taxable year 2007, an annual homestead
20exemption is granted to persons with disabilities in the amount
21of $2,000, except as provided in subsection (c), to be deducted
22from the property's value as equalized or assessed by the
23Department of Revenue. The person with a disability shall
24receive the homestead exemption upon meeting the following

 

 

10000HB0313ham002- 90 -LRB100 04130 SMS 22956 a

1requirements:
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
12eligible to apply for this homestead exemption during that
13taxable year. Application must be made during the application
14period in effect for the county of residence. If a homestead
15exemption has been granted under this Section and the person
16awarded the exemption subsequently becomes a resident of a
17facility licensed under the Nursing Home Care Act, the
18Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
19Community Care Act, or the MC/DD Act, then the exemption shall
20continue (i) so long as the residence continues to be occupied
21by the qualifying person's spouse or (ii) if the residence
22remains unoccupied but is still owned by the person qualified
23for the homestead exemption.
24    (b) For the purposes of this Section, "person with a
25disability" means a person unable to engage in any substantial
26gainful activity by reason of a medically determinable physical

 

 

10000HB0313ham002- 91 -LRB100 04130 SMS 22956 a

1or mental impairment which can be expected to result in death
2or has lasted or can be expected to last for a continuous
3period of not less than 12 months. Persons with disabilities
4filing claims under this Act shall submit proof of disability
5in such form and manner as the Department shall by rule and
6regulation prescribe. Proof that a claimant is eligible to
7receive disability benefits under the Federal Social Security
8Act shall constitute proof of disability for purposes of this
9Act. Issuance of an Illinois Person with a Disability
10Identification Card stating that the claimant is under a Class
112 disability, as defined in Section 4A of the Illinois
12Identification Card Act, shall constitute proof that the person
13named thereon is a person with a disability for purposes of
14this Act. A person with a disability not covered under the
15Federal Social Security Act and not presenting an Illinois
16Person with a Disability Identification Card stating that the
17claimant is under a Class 2 disability shall be examined by a
18physician, advanced practice registered nurse, or physician
19assistant designated by the Department, and his status as a
20person with a disability determined using the same standards as
21used by the Social Security Administration. The costs of any
22required examination shall be borne by the claimant.
23    (c) For land improved with (i) an apartment building owned
24and operated as a cooperative or (ii) a life care facility as
25defined under Section 2 of the Life Care Facilities Act that is
26considered to be a cooperative, the maximum reduction from the

 

 

10000HB0313ham002- 92 -LRB100 04130 SMS 22956 a

1value of the property, as equalized or assessed by the
2Department, shall be multiplied by the number of apartments or
3units occupied by a person with a disability. The person with a
4disability shall receive the homestead exemption upon meeting
5the 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.
20If a homestead exemption is granted under this subsection, the
21cooperative association or management firm shall credit the
22savings resulting from the exemption to the apportioned tax
23liability of the qualifying person with a disability. The chief
24county assessment officer may request reasonable proof that the
25association or firm has properly credited the exemption. A
26person who willfully refuses to credit an exemption to the

 

 

10000HB0313ham002- 93 -LRB100 04130 SMS 22956 a

1qualified person with a disability is guilty of a Class B
2misdemeanor.
3    (d) The chief county assessment officer shall determine the
4eligibility of property to receive the homestead exemption
5according to guidelines established by the Department. After a
6person has received an exemption under this Section, an annual
7verification of eligibility for the exemption shall be mailed
8to the taxpayer.
9    In counties with fewer than 3,000,000 inhabitants, the
10chief county assessment officer shall provide to each person
11granted a homestead exemption under this Section a form to
12designate any other person to receive a duplicate of any notice
13of delinquency in the payment of taxes assessed and levied
14under this Code on the person's qualifying property. The
15duplicate notice shall be in addition to the notice required to
16be provided to the person receiving the exemption and shall be
17given in the manner required by this Code. The person filing
18the request for the duplicate notice shall pay an
19administrative fee of $5 to the chief county assessment
20officer. The assessment officer shall then file the executed
21designation with the county collector, who shall issue the
22duplicate notices as indicated by the designation. A
23designation may be rescinded by the person with a disability in
24the manner required by the chief county assessment officer.
25    (e) A taxpayer who claims an exemption under Section 15-165
26or 15-169 may not claim an exemption under this Section.

 

 

10000HB0313ham002- 94 -LRB100 04130 SMS 22956 a

1(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
299-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.
37-28-16.)
 
4    (35 ILCS 200/15-172)
5    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
6Exemption.
7    (a) This Section may be cited as the Senior Citizens
8Assessment Freeze Homestead Exemption.
9    (b) As used in this Section:
10    "Applicant" means an individual who has filed an
11application under this Section.
12    "Base amount" means the base year equalized assessed value
13of the residence plus the first year's equalized assessed value
14of any added improvements which increased the assessed value of
15the residence after the base year.
16    "Base year" means the taxable year prior to the taxable
17year for which the applicant first qualifies and applies for
18the exemption provided that in the prior taxable year the
19property was improved with a permanent structure that was
20occupied as a residence by the applicant who was liable for
21paying real property taxes on the property and who was either
22(i) an owner of record of the property or had legal or
23equitable interest in the property as evidenced by a written
24instrument or (ii) had a legal or equitable interest as a
25lessee in the parcel of property that was single family

 

 

10000HB0313ham002- 95 -LRB100 04130 SMS 22956 a

1residence. If in any subsequent taxable year for which the
2applicant applies and qualifies for the exemption the equalized
3assessed value of the residence is less than the equalized
4assessed value in the existing base year (provided that such
5equalized assessed value is not based on an assessed value that
6results from a temporary irregularity in the property that
7reduces the assessed value for one or more taxable years), then
8that subsequent taxable year shall become the base year until a
9new base year is established under the terms of this paragraph.
10For taxable year 1999 only, the Chief County Assessment Officer
11shall review (i) all taxable years for which the applicant
12applied and qualified for the exemption and (ii) the existing
13base year. The assessment officer shall select as the new base
14year the year with the lowest equalized assessed value. An
15equalized assessed value that is based on an assessed value
16that results from a temporary irregularity in the property that
17reduces the assessed value for one or more taxable years shall
18not be considered the lowest equalized assessed value. The
19selected year shall be the base year for taxable year 1999 and
20thereafter until a new base year is established under the terms
21of this paragraph.
22    "Chief County Assessment Officer" means the County
23Assessor or Supervisor of Assessments of the county in which
24the property is located.
25    "Equalized assessed value" means the assessed value as
26equalized by the Illinois Department of Revenue.

 

 

10000HB0313ham002- 96 -LRB100 04130 SMS 22956 a

1    "Household" means the applicant, the spouse of the
2applicant, and all persons using the residence of the applicant
3as their principal place of residence.
4    "Household income" means the combined income of the members
5of a household for the calendar year preceding the taxable
6year.
7    "Income" has the same meaning as provided in Section 3.07
8of the Senior Citizens and Persons with Disabilities Property
9Tax 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
12Internal Revenue Code of 1986 or any successor law or laws
13relating to federal income taxes in effect for the year
14preceding the taxable year.
15    "Life care facility that qualifies as a cooperative" means
16a facility as defined in Section 2 of the Life Care Facilities
17Act.
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
25appurtenant structures used for residential purposes in this
26State occupied on January 1 of the taxable year by a household

 

 

10000HB0313ham002- 97 -LRB100 04130 SMS 22956 a

1and so much of the surrounding land, constituting the parcel
2upon which the dwelling place is situated, as is used for
3residential purposes. If the Chief County Assessment Officer
4has established a specific legal description for a portion of
5property constituting the residence, then that portion of
6property shall be deemed the residence for the purposes of this
7Section.
8    "Taxable year" means the calendar year during which ad
9valorem property taxes payable in the next succeeding year are
10levied.
11    (c) Beginning in taxable year 1994, a senior citizens
12assessment freeze homestead exemption is granted for real
13property that is improved with a permanent structure that is
14occupied as a residence by an applicant who (i) is 65 years of
15age or older during the taxable year, (ii) has a household
16income that does not exceed the maximum income limitation,
17(iii) is liable for paying real property taxes on the property,
18and (iv) is an owner of record of the property or has a legal or
19equitable interest in the property as evidenced by a written
20instrument. This homestead exemption shall also apply to a
21leasehold interest in a parcel of property improved with a
22permanent structure that is a single family residence that is
23occupied as a residence by a person who (i) is 65 years of age
24or older during the taxable year, (ii) has a household income
25that does not exceed the maximum income limitation, (iii) has a
26legal or equitable ownership interest in the property as

 

 

10000HB0313ham002- 98 -LRB100 04130 SMS 22956 a

1lessee, and (iv) is liable for the payment of real property
2taxes on that property.
3    In counties of 3,000,000 or more inhabitants, the amount of
4the exemption for all taxable years is the equalized assessed
5value of the residence in the taxable year for which
6application is made minus the base amount. In all other
7counties, the amount of the exemption is as follows: (i)
8through taxable year 2005 and for taxable year 2007 and
9thereafter, the amount of this exemption shall be the equalized
10assessed value of the residence in the taxable year for which
11application is made minus the base amount; and (ii) for taxable
12year 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.

 

 

10000HB0313ham002- 99 -LRB100 04130 SMS 22956 a

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
12for a prior year for the same residence for which an exemption
13under this Section has been granted, the base year and base
14amount for that residence are the same as for the applicant for
15the prior year.
16    Each year at the time the assessment books are certified to
17the County Clerk, the Board of Review or Board of Appeals shall
18give to the County Clerk a list of the assessed values of
19improvements on each parcel qualifying for this exemption that
20were added after the base year for this parcel and that
21increased the assessed value of the property.
22    In the case of land improved with an apartment building
23owned and operated as a cooperative or a building that is a
24life care facility that qualifies as a cooperative, the maximum
25reduction from the equalized assessed value of the property is
26limited to the sum of the reductions calculated for each unit

 

 

10000HB0313ham002- 100 -LRB100 04130 SMS 22956 a

1occupied as a residence by a person or persons (i) 65 years of
2age or older, (ii) with a household income that does not exceed
3the maximum income limitation, (iii) who is liable, by contract
4with the owner or owners of record, for paying real property
5taxes on the property, and (iv) who is an owner of record of a
6legal or equitable interest in the cooperative apartment
7building, other than a leasehold interest. In the instance of a
8cooperative where a homestead exemption has been granted under
9this Section, the cooperative association or its management
10firm shall credit the savings resulting from that exemption
11only to the apportioned tax liability of the owner who
12qualified for the exemption. Any person who willfully refuses
13to credit that savings to an owner who qualifies for the
14exemption is guilty of a Class B misdemeanor.
15    When a homestead exemption has been granted under this
16Section and an applicant then becomes a resident of a facility
17licensed under the Assisted Living and Shared Housing Act, the
18Nursing Home Care Act, the Specialized Mental Health
19Rehabilitation Act of 2013, the ID/DD Community Care Act, or
20the MC/DD Act, the exemption shall be granted in subsequent
21years so long as the residence (i) continues to be occupied by
22the qualified applicant's spouse or (ii) if remaining
23unoccupied, is still owned by the qualified applicant for the
24homestead exemption.
25    Beginning January 1, 1997, when an individual dies who
26would have qualified for an exemption under this Section, and

 

 

10000HB0313ham002- 101 -LRB100 04130 SMS 22956 a

1the surviving spouse does not independently qualify for this
2exemption because of age, the exemption under this Section
3shall be granted to the surviving spouse for the taxable year
4preceding and the taxable year of the death, provided that,
5except for age, the surviving spouse meets all other
6qualifications for the granting of this exemption for those
7years.
8    When married persons maintain separate residences, the
9exemption provided for in this Section may be claimed by only
10one of such persons and for only one residence.
11    For taxable year 1994 only, in counties having less than
123,000,000 inhabitants, to receive the exemption, a person shall
13submit an application by February 15, 1995 to the Chief County
14Assessment Officer of the county in which the property is
15located. In counties having 3,000,000 or more inhabitants, for
16taxable year 1994 and all subsequent taxable years, to receive
17the exemption, a person may submit an application to the Chief
18County Assessment Officer of the county in which the property
19is located during such period as may be specified by the Chief
20County Assessment Officer. The Chief County Assessment Officer
21in counties of 3,000,000 or more inhabitants shall annually
22give notice of the application period by mail or by
23publication. In counties having less than 3,000,000
24inhabitants, beginning with taxable year 1995 and thereafter,
25to receive the exemption, a person shall submit an application
26by July 1 of each taxable year to the Chief County Assessment

 

 

10000HB0313ham002- 102 -LRB100 04130 SMS 22956 a

1Officer of the county in which the property is located. A
2county may, by ordinance, establish a date for submission of
3applications that is different than July 1. The applicant shall
4submit with the application an affidavit of the applicant's
5total household income, age, marital status (and if married the
6name and address of the applicant's spouse, if known), and
7principal dwelling place of members of the household on January
81 of the taxable year. The Department shall establish, by rule,
9a method for verifying the accuracy of affidavits filed by
10applicants under this Section, and the Chief County Assessment
11Officer may conduct audits of any taxpayer claiming an
12exemption under this Section to verify that the taxpayer is
13eligible to receive the exemption. Each application shall
14contain or be verified by a written declaration that it is made
15under the penalties of perjury. A taxpayer's signing a
16fraudulent application under this Act is perjury, as defined in
17Section 32-2 of the Criminal Code of 2012. The applications
18shall be clearly marked as applications for the Senior Citizens
19Assessment Freeze Homestead Exemption and must contain a notice
20that any taxpayer who receives the exemption is subject to an
21audit by the Chief County Assessment Officer.
22    Notwithstanding any other provision to the contrary, in
23counties having fewer than 3,000,000 inhabitants, if an
24applicant fails to file the application required by this
25Section in a timely manner and this failure to file is due to a
26mental or physical condition sufficiently severe so as to

 

 

10000HB0313ham002- 103 -LRB100 04130 SMS 22956 a

1render the applicant incapable of filing the application in a
2timely manner, the Chief County Assessment Officer may extend
3the filing deadline for a period of 30 days after the applicant
4regains the capability to file the application, but in no case
5may the filing deadline be extended beyond 3 months of the
6original filing deadline. In order to receive the extension
7provided in this paragraph, the applicant shall provide the
8Chief County Assessment Officer with a signed statement from
9the applicant's physician, advanced practice registered nurse,
10or physician assistant stating the nature and extent of the
11condition, that, in the physician's, advanced practice
12registered nurse's, or physician assistant's opinion, the
13condition was so severe that it rendered the applicant
14incapable of filing the application in a timely manner, and the
15date on which the applicant regained the capability to file the
16application.
17    Beginning January 1, 1998, notwithstanding any other
18provision to the contrary, in counties having fewer than
193,000,000 inhabitants, if an applicant fails to file the
20application required by this Section in a timely manner and
21this failure to file is due to a mental or physical condition
22sufficiently severe so as to render the applicant incapable of
23filing the application in a timely manner, the Chief County
24Assessment Officer may extend the filing deadline for a period
25of 3 months. In order to receive the extension provided in this
26paragraph, the applicant shall provide the Chief County

 

 

10000HB0313ham002- 104 -LRB100 04130 SMS 22956 a

1Assessment Officer with a signed statement from the applicant's
2physician, advanced practice registered nurse, or physician
3assistant stating the nature and extent of the condition, and
4that, in the physician's, advanced practice registered
5nurse's, or physician assistant's opinion, the condition was so
6severe that it rendered the applicant incapable of filing the
7application in a timely manner.
8    In counties having less than 3,000,000 inhabitants, if an
9applicant was denied an exemption in taxable year 1994 and the
10denial occurred due to an error on the part of an assessment
11official, or his or her agent or employee, then beginning in
12taxable year 1997 the applicant's base year, for purposes of
13determining the amount of the exemption, shall be 1993 rather
14than 1994. In addition, in taxable year 1997, the applicant's
15exemption shall also include an amount equal to (i) the amount
16of any exemption denied to the applicant in taxable year 1995
17as a result of using 1994, rather than 1993, as the base year,
18(ii) the amount of any exemption denied to the applicant in
19taxable year 1996 as a result of using 1994, rather than 1993,
20as the base year, and (iii) the amount of the exemption
21erroneously denied for taxable year 1994.
22    For purposes of this Section, a person who will be 65 years
23of age during the current taxable year shall be eligible to
24apply for the homestead exemption during that taxable year.
25Application shall be made during the application period in
26effect for the county of his or her residence.

 

 

10000HB0313ham002- 105 -LRB100 04130 SMS 22956 a

1    The Chief County Assessment Officer may determine the
2eligibility of a life care facility that qualifies as a
3cooperative to receive the benefits provided by this Section by
4use of an affidavit, application, visual inspection,
5questionnaire, or other reasonable method in order to insure
6that the tax savings resulting from the exemption are credited
7by the management firm to the apportioned tax liability of each
8qualifying resident. The Chief County Assessment Officer may
9request reasonable proof that the management firm has so
10credited that exemption.
11    Except as provided in this Section, all information
12received by the chief county assessment officer or the
13Department from applications filed under this Section, or from
14any investigation conducted under the provisions of this
15Section, shall be confidential, except for official purposes or
16pursuant to official procedures for collection of any State or
17local tax or enforcement of any civil or criminal penalty or
18sanction imposed by this Act or by any statute or ordinance
19imposing a State or local tax. Any person who divulges any such
20information in any manner, except in accordance with a proper
21judicial order, is guilty of a Class A misdemeanor.
22    Nothing contained in this Section shall prevent the
23Director or chief county assessment officer from publishing or
24making available reasonable statistics concerning the
25operation of the exemption contained in this Section in which
26the contents of claims are grouped into aggregates in such a

 

 

10000HB0313ham002- 106 -LRB100 04130 SMS 22956 a

1way that information contained in any individual claim shall
2not be disclosed.
3    (d) Each Chief County Assessment Officer shall annually
4publish a notice of availability of the exemption provided
5under this Section. The notice shall be published at least 60
6days but no more than 75 days prior to the date on which the
7application must be submitted to the Chief County Assessment
8Officer of the county in which the property is located. The
9notice shall appear in a newspaper of general circulation in
10the county.
11    Notwithstanding Sections 6 and 8 of the State Mandates Act,
12no reimbursement by the State is required for the
13implementation of any mandate created by this Section.
14(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
1599-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.
167-28-16.)
 
17    Section 75. The Counties Code is amended by changing
18Sections 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
21poor and mentally ill persons. The appointment, employment and
22removal by the Board of Commissioners of Cook County of all
23physicians and surgeons, advanced practice registered nurses,
24physician assistants, and nurses for the care and treatment of

 

 

10000HB0313ham002- 107 -LRB100 04130 SMS 22956 a

1the sick, poor, mentally ill or persons in need of mental
2treatment of said county shall be made only in conformity with
3rules prescribed by the County Civil Service Commission to
4accomplish the purposes of this Section.
5    The Board of Commissioners of Cook County may provide that
6all such physicians and surgeons who serve without compensation
7shall be appointed for a term to be fixed by the Board, and
8that the physicians and surgeons usually designated and known
9as interns shall be appointed for a term to be fixed by the
10Board: Provided, that there may also, at the discretion of the
11board, be a consulting staff of physicians and surgeons, which
12staff may be appointed by the president, subject to the
13approval of the board, and provided further, that the Board may
14contract with any recognized training school or any program for
15health professionals for health care services of any or all of
16such sick or mentally ill or persons in need of mental
17treatment.
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

 

 

10000HB0313ham002- 108 -LRB100 04130 SMS 22956 a

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,

 

 

10000HB0313ham002- 109 -LRB100 04130 SMS 22956 a

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
13security restraints to a prisoner that has been determined by a
14qualified medical professional to be pregnant and is known by
15the county department of corrections to be pregnant or in
16postpartum recovery, which is the entire period a woman is in
17the medical facility after birth, unless the corrections
18official makes an individualized determination that the
19prisoner presents a substantial flight risk or some other
20extraordinary circumstance that dictates security restraints
21be used to ensure the safety and security of the prisoner, her
22child or unborn child, the staff of the county department of
23corrections or medical facility, other prisoners, or the
24public. The protections set out in clauses (b)(3) and (b)(4) of
25this Section shall apply to security restraints used pursuant
26to this subsection. The corrections official shall immediately

 

 

10000HB0313ham002- 110 -LRB100 04130 SMS 22956 a

1remove all restraints upon the written or oral request of
2medical personnel. Oral requests made by medical personnel
3shall be verified in writing as promptly as reasonably
4possible.
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

 

 

10000HB0313ham002- 111 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 112 -LRB100 04130 SMS 22956 a

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
7each fiscal year, the county sheriff or corrections official of
8the correctional institution where a pregnant prisoner has been
9restrained during that previous fiscal year, shall submit a
10written report to the Illinois General Assembly and the Office
11of the Governor that includes an account of every instance of
12prisoner restraint pursuant to this Section. The written report
13shall state the date, time, location and rationale for each
14instance in which restraints are used. The written report shall
15not contain any individually identifying information of any
16prisoner. Such reports shall be made available for public
17inspection.
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
21medical insurance.
22    (a) The county board of any county may arrange to provide,
23for the benefit of employees of the county, group life, health,
24accident, hospital, and medical insurance, or any one or any
25combination of those types of insurance, or the county board

 

 

10000HB0313ham002- 113 -LRB100 04130 SMS 22956 a

1may self-insure, for the benefit of its employees, all or a
2portion of the employees' group life, health, accident,
3hospital, and medical insurance, or any one or any combination
4of those types of insurance, including a combination of
5self-insurance and other types of insurance authorized by this
6Section, provided that the county board complies with all other
7requirements of this Section. The insurance may include
8provision for employees who rely on treatment by prayer or
9spiritual means alone for healing in accordance with the tenets
10and practice of a well recognized religious denomination. The
11county board may provide for payment by the county of a portion
12or all of the premium or charge for the insurance with the
13employee paying the balance of the premium or charge, if any.
14If the county board undertakes a plan under which the county
15pays only a portion of the premium or charge, the county board
16shall provide for withholding and deducting from the
17compensation of those employees who consent to join the plan
18the balance of the premium or charge for the insurance.
19    (b) If the county board does not provide for self-insurance
20or for a plan under which the county pays a portion or all of
21the premium or charge for a group insurance plan, the county
22board may provide for withholding and deducting from the
23compensation of those employees who consent thereto the total
24premium or charge for any group life, health, accident,
25hospital, and medical insurance.
26    (c) The county board may exercise the powers granted in

 

 

10000HB0313ham002- 114 -LRB100 04130 SMS 22956 a

1this Section only if it provides for self-insurance or, where
2it makes arrangements to provide group insurance through an
3insurance carrier, if the kinds of group insurance are obtained
4from an insurance company authorized to do business in the
5State of Illinois. The county board may enact an ordinance
6prescribing the method of operation of the insurance program.
7    (d) If a county, including a home rule county, is a
8self-insurer for purposes of providing health insurance
9coverage for its employees, the insurance coverage shall
10include screening by low-dose mammography for all women 35
11years of age or older for the presence of occult breast cancer
12unless the county elects to provide mammograms itself under
13Section 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

 

 

10000HB0313ham002- 115 -LRB100 04130 SMS 22956 a

1    medicine in all of its branches, advanced practice
2    registered nurse, or physician assistant.
3    For purposes of this subsection, "low-dose mammography"
4means the x-ray examination of the breast using equipment
5dedicated specifically for mammography, including the x-ray
6tube, filter, compression device, and image receptor, with an
7average radiation exposure delivery of less than one rad per
8breast for 2 views of an average size breast. The term also
9includes digital mammography.
10    (d-5) Coverage as described by subsection (d) shall be
11provided at no cost to the insured and shall not be applied to
12an annual or lifetime maximum benefit.
13    (d-10) When health care services are available through
14contracted providers and a person does not comply with plan
15provisions specific to the use of contracted providers, the
16requirements of subsection (d-5) are not applicable. When a
17person does not comply with plan provisions specific to the use
18of contracted providers, plan provisions specific to the use of
19non-contracted providers must be applied without distinction
20for coverage required by this Section and shall be at least as
21favorable as for other radiological examinations covered by the
22policy or contract.
23    (d-15) If a county, including a home rule county, is a
24self-insurer for purposes of providing health insurance
25coverage for its employees, the insurance coverage shall
26include mastectomy coverage, which includes coverage for

 

 

10000HB0313ham002- 116 -LRB100 04130 SMS 22956 a

1prosthetic devices or reconstructive surgery incident to the
2mastectomy. Coverage for breast reconstruction in connection
3with 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.
11Care shall be determined in consultation with the attending
12physician and the patient. The offered coverage for prosthetic
13devices and reconstructive surgery shall be subject to the
14deductible and coinsurance conditions applied to the
15mastectomy, and all other terms and conditions applicable to
16other benefits. When a mastectomy is performed and there is no
17evidence of malignancy then the offered coverage may be limited
18to the provision of prosthetic devices and reconstructive
19surgery to within 2 years after the date of the mastectomy. As
20used in this Section, "mastectomy" means the removal of all or
21part of the breast for medically necessary reasons, as
22determined by a licensed physician.
23    A county, including a home rule county, that is a
24self-insurer for purposes of providing health insurance
25coverage for its employees, may not penalize or reduce or limit
26the reimbursement of an attending provider or provide

 

 

10000HB0313ham002- 117 -LRB100 04130 SMS 22956 a

1incentives (monetary or otherwise) to an attending provider to
2induce the provider to provide care to an insured in a manner
3inconsistent with this Section.
4    (d-20) The requirement that mammograms be included in
5health insurance coverage as provided in subsections (d)
6through (d-15) is an exclusive power and function of the State
7and is a denial and limitation under Article VII, Section 6,
8subsection (h) of the Illinois Constitution of home rule county
9powers. A home rule county to which subsections (d) through
10(d-15) apply must comply with every provision of those
11subsections.
12    (e) The term "employees" as used in this Section includes
13elected or appointed officials but does not include temporary
14employees.
15    (f) The county board may, by ordinance, arrange to provide
16group life, health, accident, hospital, and medical insurance,
17or any one or a combination of those types of insurance, under
18this Section to retired former employees and retired former
19elected or appointed officials of the county.
20    (g) Rulemaking authority to implement this amendatory Act
21of the 95th General Assembly, if any, is conditioned on the
22rules being adopted in accordance with all provisions of the
23Illinois Administrative Procedure Act and all rules and
24procedures of the Joint Committee on Administrative Rules; any
25purported rule not so adopted, for whatever reason, is
26unauthorized.

 

 

10000HB0313ham002- 118 -LRB100 04130 SMS 22956 a

1(Source: P.A. 99-581, eff. 1-1-17.)
 
2    Section 80. The Illinois Municipal Code is amended by
3changing 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
6the Police Department is reduced, and positions displaced or
7abolished, seniority shall prevail, and the officers and
8members so reduced in rank, or removed from the service of the
9Fire Department or of the Police Department shall be considered
10furloughed without pay from the positions from which they were
11reduced or removed.
12    Such reductions and removals shall be in strict compliance
13with seniority and in no event shall any officer or member be
14reduced more than one rank in a reduction of force. Officers
15and members with the least seniority in the position to be
16reduced shall be reduced to the next lower rated position. For
17purposes of determining which officers and members will be
18reduced in rank, seniority shall be determined by adding the
19time spent at the rank or position from which the officer or
20member is to be reduced and the time spent at any higher rank
21or position in the Department. For purposes of determining
22which officers or members in the lowest rank or position shall
23be removed from the Department in the event of a layoff, length
24of service in the Department shall be the basis for determining

 

 

10000HB0313ham002- 119 -LRB100 04130 SMS 22956 a

1seniority, with the least senior such officer or member being
2the first so removed and laid off. Such officers or members
3laid off shall have their names placed on an appropriate
4reemployment list in the reverse order of dates of layoff.
5    If any positions which have been vacated because of
6reduction in forces or displacement and abolition of positions,
7are reinstated, such members and officers of the Fire
8Department or of the Police Department as are furloughed from
9the said positions shall be notified by registered mail of such
10reinstatement of positions and shall have prior right to such
11positions if otherwise qualified, and in all cases seniority
12shall prevail. Written application for such reinstated
13position must be made by the furloughed person within 30 days
14after notification as above provided and such person may be
15required to submit to examination by physicians, advanced
16practice registered nurses, or physician assistants of both the
17commission and the appropriate pension board to determine his
18physical 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
22force - Reinstatement. When the force of the fire department or
23of the police department is reduced, and positions displaced or
24abolished, seniority shall prevail and the officers and members
25so reduced in rank, or removed from the service of the fire

 

 

10000HB0313ham002- 120 -LRB100 04130 SMS 22956 a

1department or of the police department shall be considered
2furloughed without pay from the positions from which they were
3reduced or removed.
4    Such reductions and removals shall be in strict compliance
5with seniority and in no event shall any officer or member be
6reduced more than one rank in a reduction of force. Officers
7and members with the least seniority in the position to be
8reduced shall be reduced to the next lower rated position. For
9purposes of determining which officers and members will be
10reduced in rank, seniority shall be determined by adding the
11time spent at the rank or position from which the officer or
12member is to be reduced and the time spent at any higher rank
13or position in the Department. For purposes of determining
14which officers or members in the lowest rank or position shall
15be removed from the Department in the event of a layoff, length
16of service in the Department shall be the basis for determining
17seniority, with the least senior such officer or member being
18the first so removed and laid off. Such officers or members
19laid off shall have their names placed on an appropriate
20reemployment list in the reverse order of dates of layoff.
21    If any positions which have been vacated because of
22reduction in forces or displacement and abolition of positions,
23are reinstated, such members and officers of the fire
24department or of the police department as are furloughed from
25the said positions shall be notified by the board by registered
26mail of such reinstatement of positions and shall have prior

 

 

10000HB0313ham002- 121 -LRB100 04130 SMS 22956 a

1right to such positions if otherwise qualified, and in all
2cases seniority shall prevail. Written application for such
3reinstated position must be made by the furloughed person
4within 30 days after notification as above provided and such
5person may be required to submit to examination by physicians,
6advanced practice registered nurses, or physician assistants
7of both the board of fire and police commissioners and the
8appropriate 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
1122-30, 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
14medication and epinephrine auto-injectors; administration of
15undesignated epinephrine auto-injectors; administration of an
16opioid antagonist; asthma episode emergency response protocol.
17    (a) For the purpose of this Section only, the following
18terms shall have the meanings set forth below:
19    "Asthma action plan" means a written plan developed with a
20pupil's medical provider to help control the pupil's asthma.
21The goal of an asthma action plan is to reduce or prevent
22flare-ups and emergency department visits through day-to-day
23management and to serve as a student-specific document to be
24referenced in the event of an asthma episode.

 

 

10000HB0313ham002- 122 -LRB100 04130 SMS 22956 a

1    "Asthma episode emergency response protocol" means a
2procedure to provide assistance to a pupil experiencing
3symptoms of wheezing, coughing, shortness of breath, chest
4tightness, or breathing difficulty.
5    "Asthma inhaler" means a quick reliever asthma inhaler.
6    "Epinephrine auto-injector" means a single-use device used
7for the automatic injection of a pre-measured dose of
8epinephrine into the human body.
9    "Asthma medication" means a medicine, prescribed by (i) a
10physician licensed to practice medicine in all its branches,
11(ii) a licensed physician assistant with prescriptive
12authority, or (iii) a licensed advanced practice registered
13nurse with prescriptive authority for a pupil that pertains to
14the pupil's asthma and that has an individual prescription
15label.
16    "Opioid antagonist" means a drug that binds to opioid
17receptors and blocks or inhibits the effect of opioids acting
18on those receptors, including, but not limited to, naloxone
19hydrochloride or any other similarly acting drug approved by
20the U.S. Food and Drug Administration.
21    "School nurse" means a registered nurse working in a school
22with or without licensure endorsed in school nursing.
23    "Self-administration" means a pupil's discretionary use of
24his or her prescribed asthma medication or epinephrine
25auto-injector.
26    "Self-carry" means a pupil's ability to carry his or her

 

 

10000HB0313ham002- 123 -LRB100 04130 SMS 22956 a

1prescribed asthma medication or epinephrine auto-injector.
2    "Standing protocol" may be issued by (i) a physician
3licensed to practice medicine in all its branches, (ii) a
4licensed physician assistant with prescriptive authority, or
5(iii) a licensed advanced practice registered nurse with
6prescriptive authority.
7    "Trained personnel" means any school employee or volunteer
8personnel authorized in Sections 10-22.34, 10-22.34a, and
910-22.34b of this Code who has completed training under
10subsection (g) of this Section to recognize and respond to
11anaphylaxis.
12    "Undesignated epinephrine auto-injector" means an
13epinephrine auto-injector prescribed in the name of a school
14district, public school, or nonpublic school.
15    (b) A school, whether public or nonpublic, must permit the
16self-administration and self-carry of asthma medication by a
17pupil with asthma or the self-administration and self-carry of
18an 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

 

 

10000HB0313ham002- 124 -LRB100 04130 SMS 22956 a

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.
17The information provided shall be kept on file in the office of
18the school nurse or, in the absence of a school nurse, the
19school's administrator.
20    (b-5) A school district, public school, or nonpublic school
21may authorize the provision of a student-specific or
22undesignated epinephrine auto-injector to a student or any
23personnel authorized under a student's Individual Health Care
24Action Plan, Illinois Food Allergy Emergency Action Plan and
25Treatment Authorization Form, or plan pursuant to Section 504
26of the federal Rehabilitation Act of 1973 to administer an

 

 

10000HB0313ham002- 125 -LRB100 04130 SMS 22956 a

1epinephrine auto-injector to the student, that meets the
2student's prescription on file.
3    (b-10) The school district, public school, or nonpublic
4school may authorize a school nurse or trained personnel to do
5the following: (i) provide an undesignated epinephrine
6auto-injector to a student for self-administration only or any
7personnel authorized under a student's Individual Health Care
8Action Plan, Illinois Food Allergy Emergency Action Plan and
9Treatment Authorization Form, or plan pursuant to Section 504
10of the federal Rehabilitation Act of 1973 to administer to the
11student, that meets the student's prescription on file; (ii)
12administer an undesignated epinephrine auto-injector that
13meets the prescription on file to any student who has an
14Individual Health Care Action Plan, Illinois Food Allergy
15Emergency Action Plan and Treatment Authorization Form, or plan
16pursuant to Section 504 of the federal Rehabilitation Act of
171973 that authorizes the use of an epinephrine auto-injector;
18(iii) administer an undesignated epinephrine auto-injector to
19any person that the school nurse or trained personnel in good
20faith believes is having an anaphylactic reaction; and (iv)
21administer an opioid antagonist to any person that the school
22nurse or trained personnel in good faith believes is having an
23opioid overdose.
24    (c) The school district, public school, or nonpublic school
25must inform the parents or guardians of the pupil, in writing,
26that the school district, public school, or nonpublic school

 

 

10000HB0313ham002- 126 -LRB100 04130 SMS 22956 a

1and its employees and agents, including a physician, physician
2assistant, or advanced practice registered nurse providing
3standing protocol or prescription for school epinephrine
4auto-injectors, are to incur no liability or professional
5discipline, except for willful and wanton conduct, as a result
6of any injury arising from the administration of asthma
7medication, an epinephrine auto-injector, or an opioid
8antagonist regardless of whether authorization was given by the
9pupil's parents or guardians or by the pupil's physician,
10physician assistant, or advanced practice registered nurse.
11The parents or guardians of the pupil must sign a statement
12acknowledging that the school district, public school, or
13nonpublic school and its employees and agents are to incur no
14liability, except for willful and wanton conduct, as a result
15of any injury arising from the administration of asthma
16medication, an epinephrine auto-injector, or an opioid
17antagonist regardless of whether authorization was given by the
18pupil's parents or guardians or by the pupil's physician,
19physician assistant, or advanced practice registered nurse and
20that the parents or guardians must indemnify and hold harmless
21the school district, public school, or nonpublic school and its
22employees and agents against any claims, except a claim based
23on willful and wanton conduct, arising out of the
24administration of asthma medication, an epinephrine
25auto-injector, or an opioid antagonist regardless of whether
26authorization was given by the pupil's parents or guardians or

 

 

10000HB0313ham002- 127 -LRB100 04130 SMS 22956 a

1by the pupil's physician, physician assistant, or advanced
2practice registered nurse.
3    (c-5) When a school nurse or trained personnel administers
4an undesignated epinephrine auto-injector to a person whom the
5school nurse or trained personnel in good faith believes is
6having an anaphylactic reaction or administers an opioid
7antagonist to a person whom the school nurse or trained
8personnel in good faith believes is having an opioid overdose,
9notwithstanding the lack of notice to the parents or guardians
10of the pupil or the absence of the parents or guardians signed
11statement acknowledging no liability, except for willful and
12wanton conduct, the school district, public school, or
13nonpublic school and its employees and agents, and a physician,
14a physician assistant, or an advanced practice registered nurse
15providing standing protocol or prescription for undesignated
16epinephrine auto-injectors, are to incur no liability or
17professional discipline, except for willful and wanton
18conduct, as a result of any injury arising from the use of an
19undesignated epinephrine auto-injector or the use of an opioid
20antagonist regardless of whether authorization was given by the
21pupil's parents or guardians or by the pupil's physician,
22physician assistant, or advanced practice registered nurse.
23    (d) The permission for self-administration and self-carry
24of asthma medication or the self-administration and self-carry
25of an epinephrine auto-injector is effective for the school
26year for which it is granted and shall be renewed each

 

 

10000HB0313ham002- 128 -LRB100 04130 SMS 22956 a

1subsequent school year upon fulfillment of the requirements of
2this Section.
3    (e) Provided that the requirements of this Section are
4fulfilled, a pupil with asthma may self-administer and
5self-carry his or her asthma medication or a pupil may
6self-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)
9before or after normal school activities, such as while in
10before-school or after-school care on school-operated property
11or while being transported on a school bus.
12    (e-5) Provided that the requirements of this Section are
13fulfilled, a school nurse or trained personnel may administer
14an undesignated epinephrine auto-injector to any person whom
15the school nurse or trained personnel in good faith believes to
16be having an anaphylactic reaction (i) while in school, (ii)
17while at a school-sponsored activity, (iii) while under the
18supervision of school personnel, or (iv) before or after normal
19school activities, such as while in before-school or
20after-school care on school-operated property or while being
21transported on a school bus. A school nurse or trained
22personnel may carry undesignated epinephrine auto-injectors on
23his or her person while in school or at a school-sponsored
24activity.
25    (e-10) Provided that the requirements of this Section are
26fulfilled, a school nurse or trained personnel may administer

 

 

10000HB0313ham002- 129 -LRB100 04130 SMS 22956 a

1an opioid antagonist to any person whom the school nurse or
2trained personnel in good faith believes to be having an opioid
3overdose (i) while in school, (ii) while at a school-sponsored
4activity, (iii) while under the supervision of school
5personnel, or (iv) before or after normal school activities,
6such as while in before-school or after-school care on
7school-operated property. A school nurse or trained personnel
8may carry an opioid antagonist on their person while in school
9or at a school-sponsored activity.
10    (f) The school district, public school, or nonpublic school
11may maintain a supply of undesignated epinephrine
12auto-injectors in any secure location that is accessible
13before, during, and after school where an allergic person is
14most at risk, including, but not limited to, classrooms and
15lunchrooms. A physician, a physician assistant who has been
16delegated prescriptive authority in accordance with Section
177.5 of the Physician Assistant Practice Act of 1987, or an
18advanced practice registered nurse who has been delegated
19prescriptive authority in accordance with Section 65-40 of the
20Nurse Practice Act may prescribe undesignated epinephrine
21auto-injectors in the name of the school district, public
22school, or nonpublic school to be maintained for use when
23necessary. Any supply of epinephrine auto-injectors shall be
24maintained in accordance with the manufacturer's instructions.
25    The school district, public school, or nonpublic school may
26maintain a supply of an opioid antagonist in any secure

 

 

10000HB0313ham002- 130 -LRB100 04130 SMS 22956 a

1location where an individual may have an opioid overdose. A
2health care professional who has been delegated prescriptive
3authority for opioid antagonists in accordance with Section
45-23 of the Alcoholism and Other Drug Abuse and Dependency Act
5may prescribe opioid antagonists in the name of the school
6district, public school, or nonpublic school, to be maintained
7for use when necessary. Any supply of opioid antagonists shall
8be maintained in accordance with the manufacturer's
9instructions.
10    (f-3) Whichever entity initiates the process of obtaining
11undesignated epinephrine auto-injectors and providing training
12to personnel for carrying and administering undesignated
13epinephrine auto-injectors shall pay for the costs of the
14undesignated epinephrine auto-injectors.
15    (f-5) Upon any administration of an epinephrine
16auto-injector, a school district, public school, or nonpublic
17school must immediately activate the EMS system and notify the
18student's parent, guardian, or emergency contact, if known.
19    Upon any administration of an opioid antagonist, a school
20district, public school, or nonpublic school must immediately
21activate the EMS system and notify the student's parent,
22guardian, or emergency contact, if known.
23    (f-10) Within 24 hours of the administration of an
24undesignated epinephrine auto-injector, a school district,
25public school, or nonpublic school must notify the physician,
26physician assistant, or advanced practice registered nurse who

 

 

10000HB0313ham002- 131 -LRB100 04130 SMS 22956 a

1provided the standing protocol or prescription for the
2undesignated epinephrine auto-injector of its use.
3    Within 24 hours after the administration of an opioid
4antagonist, a school district, public school, or nonpublic
5school must notify the health care professional who provided
6the prescription for the opioid antagonist of its use.
7    (g) Prior to the administration of an undesignated
8epinephrine auto-injector, trained personnel must submit to
9their school's administration proof of completion of a training
10curriculum to recognize and respond to anaphylaxis that meets
11the requirements of subsection (h) of this Section. Training
12must be completed annually. their The school district, public
13school, or nonpublic school must maintain records related to
14the training curriculum and trained personnel.
15    Prior to the administration of an opioid antagonist,
16trained personnel must submit to their school's administration
17proof of completion of a training curriculum to recognize and
18respond to an opioid overdose, which curriculum must meet the
19requirements of subsection (h-5) of this Section. Training must
20be completed annually. Trained personnel must also submit to
21the school's administration proof of cardiopulmonary
22resuscitation and automated external defibrillator
23certification. The school district, public school, or
24nonpublic school must maintain records relating to the training
25curriculum and the trained personnel.
26    (h) A training curriculum to recognize and respond to

 

 

10000HB0313ham002- 132 -LRB100 04130 SMS 22956 a

1anaphylaxis, including the administration of an undesignated
2epinephrine auto-injector, may be conducted online or in
3person.
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
22representing physicians licensed to practice medicine in all of
23its branches, registered nurses, and school nurses, the State
24Board of Education shall make available resource materials
25consistent with criteria in this subsection (h) for educating
26trained personnel to recognize and respond to anaphylaxis. The

 

 

10000HB0313ham002- 133 -LRB100 04130 SMS 22956 a

1State Board may take into consideration the curriculum on this
2subject developed by other states, as well as any other
3curricular materials suggested by medical experts and other
4groups that work on life-threatening allergy issues. The State
5Board is not required to create new resource materials. The
6State Board shall make these resource materials available on
7its Internet website.
8    (h-5) A training curriculum to recognize and respond to an
9opioid overdose, including the administration of an opioid
10antagonist, may be conducted online or in person. The training
11must comply with any training requirements under Section 5-23
12of the Alcoholism and Other Drug Abuse and Dependency Act and
13the corresponding rules. It must include, but is not limited
14to:
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

 

 

10000HB0313ham002- 134 -LRB100 04130 SMS 22956 a

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
5undesignated epinephrine auto-injector by a school nurse,
6trained personnel, or a student at a school or school-sponsored
7activity, the school must report to the State Board of
8Education in a form and manner prescribed by the State Board
9the 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
20maintains or has an independent contractor providing
21transportation to students who maintains a supply of
22undesignated epinephrine auto-injectors, then the school
23district, public school, or nonpublic school must report that
24information to the State Board of Education upon adoption or
25change of the policy of the school district, public school,
26nonpublic school, or independent contractor, in a manner as

 

 

10000HB0313ham002- 135 -LRB100 04130 SMS 22956 a

1prescribed by the State Board. The report must include the
2number of undesignated epinephrine auto-injectors in supply.
3    (i-5) Within 3 days after the administration of an opioid
4antagonist by a school nurse or trained personnel, the school
5must report to the State Board of Education, in a form and
6manner prescribed by the State Board, the following
7information:
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
15Board of Education shall submit a report to the General
16Assembly identifying the frequency and circumstances of
17epinephrine administration during the preceding academic year.
18Beginning with the 2017 report, the report shall also contain
19information on which school districts, public schools, and
20nonpublic schools maintain or have independent contractors
21providing transportation to students who maintain a supply of
22undesignated epinephrine auto-injectors. This report shall be
23published on the State Board's Internet website on the date the
24report is delivered to the General Assembly.
25    (j-5) Annually, each school district, public school,
26charter school, or nonpublic school shall request an asthma

 

 

10000HB0313ham002- 136 -LRB100 04130 SMS 22956 a

1action plan from the parents or guardians of a pupil with
2asthma. If provided, the asthma action plan must be kept on
3file in the office of the school nurse or, in the absence of a
4school nurse, the school administrator. Copies of the asthma
5action plan may be distributed to appropriate school staff who
6interact with the pupil on a regular basis, and, if applicable,
7may be attached to the pupil's federal Section 504 plan or
8individualized education program plan.
9    (j-10) To assist schools with emergency response
10procedures for asthma, the State Board of Education, in
11consultation with statewide professional organizations with
12expertise in asthma management and a statewide organization
13representing school administrators, shall develop a model
14asthma episode emergency response protocol before September 1,
152016. Each school district, charter school, and nonpublic
16school shall adopt an asthma episode emergency response
17protocol before January 1, 2017 that includes all of the
18components of the State Board's model protocol.
19    (j-15) Every 2 years, school personnel who work with pupils
20shall complete an in-person or online training program on the
21management of asthma, the prevention of asthma symptoms, and
22emergency response in the school setting. In consultation with
23statewide professional organizations with expertise in asthma
24management, the State Board of Education shall make available
25resource materials for educating school personnel about asthma
26and emergency response in the school setting.

 

 

10000HB0313ham002- 137 -LRB100 04130 SMS 22956 a

1    (j-20) On or before October 1, 2016 and every year
2thereafter, the State Board of Education shall submit a report
3to the General Assembly and the Department of Public Health
4identifying the frequency and circumstances of opioid
5antagonist administration during the preceding academic year.
6This report shall be published on the State Board's Internet
7website on the date the report is delivered to the General
8Assembly.
9    (k) The State Board of Education may adopt rules necessary
10to implement this Section.
11    (l) Nothing in this Section shall limit the amount of
12epinephrine auto-injectors that any type of school or student
13may carry or maintain a supply of.
14(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
1599-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;
1699-843, eff. 8-19-16; revised 9-8-16.)
 
17    (105 ILCS 5/22-80)
18    Sec. 22-80. Student athletes; concussions and head
19injuries.
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

 

 

10000HB0313ham002- 138 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 139 -LRB100 04130 SMS 22956 a

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
8under the Illinois Athletic Trainers Practice Act.
9    "Coach" means any volunteer or employee of a school who is
10responsible for organizing and supervising students to teach
11them or train them in the fundamental skills of an
12interscholastic athletic activity. "Coach" refers to both head
13coaches and assistant coaches.
14    "Concussion" means a complex pathophysiological process
15affecting the brain caused by a traumatic physical force or
16impact to the head or body, which may include temporary or
17prolonged altered brain function resulting in physical,
18cognitive, or emotional symptoms or altered sleep patterns and
19which may or may not involve a loss of consciousness.
20    "Department" means the Department of Financial and
21Professional Regulation.
22    "Game official" means a person who officiates at an
23interscholastic athletic activity, such as a referee or umpire,
24including, but not limited to, persons enrolled as game
25officials by the Illinois High School Association or Illinois
26Elementary School Association.

 

 

10000HB0313ham002- 140 -LRB100 04130 SMS 22956 a

1    "Interscholastic athletic activity" means any organized
2school-sponsored or school-sanctioned activity for students,
3generally outside of school instructional hours, under the
4direction of a coach, athletic director, or band leader,
5including, but not limited to, baseball, basketball,
6cheerleading, cross country track, fencing, field hockey,
7football, golf, gymnastics, ice hockey, lacrosse, marching
8band, rugby, soccer, skating, softball, swimming and diving,
9tennis, track (indoor and outdoor), ultimate Frisbee,
10volleyball, water polo, and wrestling. All interscholastic
11athletics are deemed to be interscholastic activities.
12    "Licensed healthcare professional" means a person who has
13experience with concussion management and who is a nurse, a
14psychologist who holds a license under the Clinical
15Psychologist Licensing Act and specializes in the practice of
16neuropsychology, a physical therapist licensed under the
17Illinois Physical Therapy Act, an occupational therapist
18licensed under the Illinois Occupational Therapy Practice Act.
19    "Nurse" means a person who is employed by or volunteers at
20a school and is licensed under the Nurse Practice Act as a
21registered nurse, practical nurse, or advanced practice
22registered nurse.
23    "Physician" means a physician licensed to practice
24medicine in all of its branches under the Medical Practice Act
25of 1987.
26    "School" means any public or private elementary or

 

 

10000HB0313ham002- 141 -LRB100 04130 SMS 22956 a

1secondary school, including a charter school.
2    "Student" means an adolescent or child enrolled in a
3school.
4    (c) This Section applies to any interscholastic athletic
5activity, including practice and competition, sponsored or
6sanctioned by a school, the Illinois Elementary School
7Association, or the Illinois High School Association. This
8Section applies beginning with the 2016-2017 school year.
9    (d) The governing body of each public or charter school and
10the appropriate administrative officer of a private school with
11students enrolled who participate in an interscholastic
12athletic activity shall appoint or approve a concussion
13oversight team. Each concussion oversight team shall establish
14a return-to-play protocol, based on peer-reviewed scientific
15evidence consistent with Centers for Disease Control and
16Prevention guidelines, for a student's return to
17interscholastic athletics practice or competition following a
18force or impact believed to have caused a concussion. Each
19concussion oversight team shall also establish a
20return-to-learn protocol, based on peer-reviewed scientific
21evidence consistent with Centers for Disease Control and
22Prevention guidelines, for a student's return to the classroom
23after that student is believed to have experienced a
24concussion, whether or not the concussion took place while the
25student was participating in an interscholastic athletic
26activity.

 

 

10000HB0313ham002- 142 -LRB100 04130 SMS 22956 a

1    Each concussion oversight team must include to the extent
2practicable at least one physician. If a school employs an
3athletic trainer, the athletic trainer must be a member of the
4school concussion oversight team to the extent practicable. If
5a school employs a nurse, the nurse must be a member of the
6school concussion oversight team to the extent practicable. At
7a minimum, a school shall appoint a person who is responsible
8for implementing and complying with the return-to-play and
9return-to-learn protocols adopted by the concussion oversight
10team. A school may appoint other licensed healthcare
11professionals to serve on the concussion oversight team.
12    (e) A student may not participate in an interscholastic
13athletic activity for a school year until the student and the
14student's parent or guardian or another person with legal
15authority to make medical decisions for the student have signed
16a form for that school year that acknowledges receiving and
17reading written information that explains concussion
18prevention, symptoms, treatment, and oversight and that
19includes guidelines for safely resuming participation in an
20athletic activity following a concussion. The form must be
21approved by the Illinois High School Association.
22    (f) A student must be removed from an interscholastic
23athletics practice or competition immediately if one of the
24following persons believes the student might have sustained a
25concussion during the practice or competition:
26        (1) a coach;

 

 

10000HB0313ham002- 143 -LRB100 04130 SMS 22956 a

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
11practice or competition under this Section may not be permitted
12to practice or compete again following the force or impact
13believed 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

 

 

10000HB0313ham002- 144 -LRB100 04130 SMS 22956 a

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
19authorize a student's return to play or return to learn.
20    The district superintendent or the superintendent's
21designee in the case of a public elementary or secondary
22school, the chief school administrator or that person's
23designee in the case of a charter school, or the appropriate
24administrative officer or that person's designee in the case of
25a private school shall supervise an athletic trainer or other
26person responsible for compliance with the return-to-play

 

 

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1protocol and shall supervise the person responsible for
2compliance with the return-to-learn protocol. The person who
3has supervisory responsibilities under this paragraph may not
4be a coach of an interscholastic athletics team.
5    (h)(1) The Illinois High School Association shall approve,
6for coaches and game officials of interscholastic athletic
7activities, training courses that provide for not less than 2
8hours of training in the subject matter of concussions,
9including evaluation, prevention, symptoms, risks, and
10long-term effects. The Association shall maintain an updated
11list of individuals and organizations authorized by the
12Association to provide the training.
13    (2) The following persons must take a training course in
14accordance with paragraph (4) of this subsection (h) from an
15authorized 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
25oversight team shall, to the greatest extent practicable,
26periodically take an appropriate continuing medical education

 

 

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1course 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
14subsection (h) must submit proof of timely completion of an
15approved course in compliance with paragraph (4) of this
16subsection (h) to the district superintendent or the
17superintendent's designee in the case of a public elementary or
18secondary school, the chief school administrator or that
19person's designee in the case of a charter school, or the
20appropriate administrative officer or that person's designee
21in the case of a private school.
22    (6) A physician, athletic trainer, or nurse who is not in
23compliance with the training requirements under this
24subsection (h) may not serve on a concussion oversight team in
25any capacity.
26    (7) A person required under this subsection (h) to take a

 

 

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1training course in the subject of concussions must initially
2complete the training not later than September 1, 2016.
3    (i) The governing body of each public or charter school and
4the appropriate administrative officer of a private school with
5students enrolled who participate in an interscholastic
6athletic activity shall develop a school-specific emergency
7action plan for interscholastic athletic activities to address
8the serious injuries and acute medical conditions in which the
9condition of the student may deteriorate rapidly. The plan
10shall include a delineation of roles, methods of communication,
11available emergency equipment, and access to and a plan for
12emergency 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
2necessary to administer this Section.
3(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
499-642, 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
8school district, a student teacher, an employee of a contractor
9that provides services to students or in schools, or any other
10individual subject to the requirements of Section 10-21.9 or
1134-18.5 of this Code.
12    (b) School boards shall require of new employees evidence
13of physical fitness to perform duties assigned and freedom from
14communicable disease. Such evidence shall consist of a physical
15examination by a physician licensed in Illinois or any other
16state to practice medicine and surgery in all its branches, a
17licensed advanced practice registered nurse, or a licensed
18physician assistant not more than 90 days preceding time of
19presentation to the board, and the cost of such examination
20shall rest with the employee. A new or existing employee may be
21subject to additional health examinations, including screening
22for tuberculosis, as required by rules adopted by the
23Department of Public Health or by order of a local public
24health official. The board may from time to time require an
25examination of any employee by a physician licensed in Illinois

 

 

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1to practice medicine and surgery in all its branches, a
2licensed advanced practice registered nurse, or a licensed
3physician assistant and shall pay the expenses thereof from
4school funds.
5    (c) School boards may require teachers in their employ to
6furnish from time to time evidence of continued professional
7growth.
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
11districts, including special charter districts, but not
12including school districts in municipalities of 500,000 or
13more, shall grant their full-time teachers, and also shall
14grant such of their other employees as are eligible to
15participate in the Illinois Municipal Retirement Fund under the
16"600-Hour Standard" established, or under such other
17eligibility participation standard as may from time to time be
18established, by rules and regulations now or hereafter
19promulgated by the Board of that Fund under Section 7-198 of
20the Illinois Pension Code, as now or hereafter amended, sick
21leave provisions not less in amount than 10 days at full pay in
22each school year. If any such teacher or employee does not use
23the full amount of annual leave thus allowed, the unused amount
24shall be allowed to accumulate to a minimum available leave of
25180 days at full pay, including the leave of the current year.

 

 

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1Sick leave shall be interpreted to mean personal illness,
2quarantine at home, serious illness or death in the immediate
3family or household, or birth, adoption, or placement for
4adoption. The school board may require a certificate from a
5physician licensed in Illinois to practice medicine and surgery
6in all its branches, a chiropractic physician licensed under
7the Medical Practice Act of 1987, a licensed advanced practice
8registered nurse, a licensed physician assistant, or, if the
9treatment is by prayer or spiritual means, a spiritual adviser
10or practitioner of the teacher's or employee's faith as a basis
11for pay during leave after an absence of 3 days for personal
12illness or 30 days for birth or as the school board may deem
13necessary in other cases. If the school board does require a
14certificate as a basis for pay during leave of less than 3 days
15for personal illness, the school board shall pay, from school
16funds, the expenses incurred by the teachers or other employees
17in obtaining the certificate. For paid leave for adoption or
18placement for adoption, the school board may require that the
19teacher or other employee provide evidence that the formal
20adoption process is underway, and such leave is limited to 30
21days unless a longer leave has been negotiated with the
22exclusive bargaining representative.
23    If, by reason of any change in the boundaries of school
24districts, or by reason of the creation of a new school
25district, the employment of a teacher is transferred to a new
26or different board, the accumulated sick leave of such teacher

 

 

10000HB0313ham002- 152 -LRB100 04130 SMS 22956 a

1is not thereby lost, but is transferred to such new or
2different district.
3    For purposes of this Section, "immediate family" shall
4include parents, spouse, brothers, sisters, children,
5grandparents, grandchildren, parents-in-law, brothers-in-law,
6sisters-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
10custody or control of any child (i) between the ages of 7 and
1117 years (unless the child has already graduated from high
12school) for school years before the 2014-2015 school year or
13(ii) between the ages of 6 (on or before September 1) and 17
14years (unless the child has already graduated from high school)
15beginning with the 2014-2015 school year shall cause such child
16to attend some public school in the district wherein the child
17resides the entire time it is in session during the regular
18school term, except as provided in Section 10-19.1, and during
19a required summer school program established under Section
2010-22.33B; provided, that the following children shall not be
21required 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

 

 

10000HB0313ham002- 153 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 154 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 156 -LRB100 04130 SMS 22956 a

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;
699-804, 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
11Department of Public Health shall promulgate, and except as
12hereinafter provided, all children in Illinois shall have a
13health examination as follows: within one year prior to
14entering kindergarten or the first grade of any public,
15private, or parochial elementary school; upon entering the
16sixth and ninth grades of any public, private, or parochial
17school; prior to entrance into any public, private, or
18parochial nursery school; and, irrespective of grade,
19immediately prior to or upon entrance into any public, private,
20or parochial school or nursery school, each child shall present
21proof of having been examined in accordance with this Section
22and the rules and regulations promulgated hereunder. Any child
23who received a health examination within one year prior to
24entering the fifth grade for the 2007-2008 school year is not
25required to receive an additional health examination in order

 

 

10000HB0313ham002- 157 -LRB100 04130 SMS 22956 a

1to comply with the provisions of Public Act 95-422 when he or
2she attends school for the 2008-2009 school year, unless the
3child is attending school for the first time as provided in
4this paragraph.
5    A tuberculosis skin test screening shall be included as a
6required part of each health examination included under this
7Section if the child resides in an area designated by the
8Department of Public Health as having a high incidence of
9tuberculosis. Additional health examinations of pupils,
10including eye examinations, may be required when deemed
11necessary by school authorities. Parents are encouraged to have
12their children undergo eye examinations at the same points in
13time required for health examinations.
14    (1.5) In compliance with rules adopted by the Department of
15Public Health and except as otherwise provided in this Section,
16all children in kindergarten and the second and sixth grades of
17any public, private, or parochial school shall have a dental
18examination. Each of these children shall present proof of
19having been examined by a dentist in accordance with this
20Section and rules adopted under this Section before May 15th of
21the school year. If a child in the second or sixth grade fails
22to present proof by May 15th, the school may hold the child's
23report card until one of the following occurs: (i) the child
24presents proof of a completed dental examination or (ii) the
25child presents proof that a dental examination will take place
26within 60 days after May 15th. The Department of Public Health

 

 

10000HB0313ham002- 158 -LRB100 04130 SMS 22956 a

1shall establish, by rule, a waiver for children who show an
2undue burden or a lack of access to a dentist. Each public,
3private, and parochial school must give notice of this dental
4examination requirement to the parents and guardians of
5students at least 60 days before May 15th of each school year.
6    (1.10) Except as otherwise provided in this Section, all
7children enrolling in kindergarten in a public, private, or
8parochial school on or after the effective date of this
9amendatory Act of the 95th General Assembly and any student
10enrolling for the first time in a public, private, or parochial
11school on or after the effective date of this amendatory Act of
12the 95th General Assembly shall have an eye examination. Each
13of these children shall present proof of having been examined
14by a physician licensed to practice medicine in all of its
15branches or a licensed optometrist within the previous year, in
16accordance with this Section and rules adopted under this
17Section, before October 15th of the school year. If the child
18fails to present proof by October 15th, the school may hold the
19child's report card until one of the following occurs: (i) the
20child presents proof of a completed eye examination or (ii) the
21child presents proof that an eye examination will take place
22within 60 days after October 15th. The Department of Public
23Health shall establish, by rule, a waiver for children who show
24an undue burden or a lack of access to a physician licensed to
25practice medicine in all of its branches who provides eye
26examinations or to a licensed optometrist. Each public,

 

 

10000HB0313ham002- 159 -LRB100 04130 SMS 22956 a

1private, and parochial school must give notice of this eye
2examination requirement to the parents and guardians of
3students in compliance with rules of the Department of Public
4Health. Nothing in this Section shall be construed to allow a
5school to exclude a child from attending because of a parent's
6or guardian's failure to obtain an eye examination for the
7child.
8    (2) The Department of Public Health shall promulgate rules
9and regulations specifying the examinations and procedures
10that constitute a health examination, which shall include the
11collection of data relating to obesity (including at a minimum,
12date of birth, gender, height, weight, blood pressure, and date
13of exam), and a dental examination and may recommend by rule
14that certain additional examinations be performed. The rules
15and regulations of the Department of Public Health shall
16specify that a tuberculosis skin test screening shall be
17included as a required part of each health examination included
18under this Section if the child resides in an area designated
19by the Department of Public Health as having a high incidence
20of tuberculosis. The Department of Public Health shall specify
21that a diabetes screening as defined by rule shall be included
22as a required part of each health examination. Diabetes testing
23is not required.
24    Physicians licensed to practice medicine in all of its
25branches, licensed advanced practice registered nurses, or
26licensed physician assistants shall be responsible for the

 

 

10000HB0313ham002- 160 -LRB100 04130 SMS 22956 a

1performance of the health examinations, other than dental
2examinations, eye examinations, and vision and hearing
3screening, and shall sign all report forms required by
4subsection (4) of this Section that pertain to those portions
5of the health examination for which the physician, advanced
6practice registered nurse, or physician assistant is
7responsible. If a registered nurse performs any part of a
8health examination, then a physician licensed to practice
9medicine in all of its branches must review and sign all
10required report forms. Licensed dentists shall perform all
11dental examinations and shall sign all report forms required by
12subsection (4) of this Section that pertain to the dental
13examinations. Physicians licensed to practice medicine in all
14its branches or licensed optometrists shall perform all eye
15examinations required by this Section and shall sign all report
16forms required by subsection (4) of this Section that pertain
17to the eye examination. For purposes of this Section, an eye
18examination shall at a minimum include history, visual acuity,
19subjective refraction to best visual acuity near and far,
20internal and external examination, and a glaucoma evaluation,
21as well as any other tests or observations that in the
22professional judgment of the doctor are necessary. Vision and
23hearing screening tests, which shall not be considered
24examinations as that term is used in this Section, shall be
25conducted in accordance with rules and regulations of the
26Department of Public Health, and by individuals whom the

 

 

10000HB0313ham002- 161 -LRB100 04130 SMS 22956 a

1Department of Public Health has certified. In these rules and
2regulations, the Department of Public Health shall require that
3individuals conducting vision screening tests give a child's
4parent or guardian written notification, before the vision
5screening is conducted, that states, "Vision screening is not a
6substitute for a complete eye and vision evaluation by an eye
7doctor. Your child is not required to undergo this vision
8screening if an optometrist or ophthalmologist has completed
9and signed a report form indicating that an examination has
10been administered within the previous 12 months."
11    (3) Every child shall, at or about the same time as he or
12she receives a health examination required by subsection (1) of
13this Section, present to the local school proof of having
14received such immunizations against preventable communicable
15diseases as the Department of Public Health shall require by
16rules and regulations promulgated pursuant to this Section and
17the Communicable Disease Prevention Act.
18    (4) The individuals conducting the health examination,
19dental examination, or eye examination shall record the fact of
20having conducted the examination, and such additional
21information as required, including for a health examination
22data relating to obesity (including at a minimum, date of
23birth, gender, height, weight, blood pressure, and date of
24exam), on uniform forms which the Department of Public Health
25and the State Board of Education shall prescribe for statewide
26use. The examiner shall summarize on the report form any

 

 

10000HB0313ham002- 162 -LRB100 04130 SMS 22956 a

1condition that he or she suspects indicates a need for special
2services, including for a health examination factors relating
3to obesity. The individuals confirming the administration of
4required immunizations shall record as indicated on the form
5that the immunizations were administered.
6    (5) If a child does not submit proof of having had either
7the health examination or the immunization as required, then
8the child shall be examined or receive the immunization, as the
9case may be, and present proof by October 15 of the current
10school year, or by an earlier date of the current school year
11established by a school district. To establish a date before
12October 15 of the current school year for the health
13examination or immunization as required, a school district must
14give notice of the requirements of this Section 60 days prior
15to the earlier established date. If for medical reasons one or
16more of the required immunizations must be given after October
1715 of the current school year, or after an earlier established
18date of the current school year, then the child shall present,
19by October 15, or by the earlier established date, a schedule
20for the administration of the immunizations and a statement of
21the medical reasons causing the delay, both the schedule and
22the statement being issued by the physician, advanced practice
23registered nurse, physician assistant, registered nurse, or
24local health department that will be responsible for
25administration of the remaining required immunizations. If a
26child does not comply by October 15, or by the earlier

 

 

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1established date of the current school year, with the
2requirements of this subsection, then the local school
3authority shall exclude that child from school until such time
4as the child presents proof of having had the health
5examination as required and presents proof of having received
6those required immunizations which are medically possible to
7receive immediately. During a child's exclusion from school for
8noncompliance with this subsection, the child's parents or
9legal guardian shall be considered in violation of Section 26-1
10and subject to any penalty imposed by Section 26-10. This
11subsection (5) does not apply to dental examinations and eye
12examinations. If the student is an out-of-state transfer
13student and does not have the proof required under this
14subsection (5) before October 15 of the current year or
15whatever date is set by the school district, then he or she may
16only attend classes (i) if he or she has proof that an
17appointment for the required vaccinations has been scheduled
18with a party authorized to submit proof of the required
19vaccinations. If the proof of vaccination required under this
20subsection (5) is not submitted within 30 days after the
21student is permitted to attend classes, then the student is not
22to be permitted to attend classes until proof of the
23vaccinations has been properly submitted. No school district or
24employee of a school district shall be held liable for any
25injury or illness to another person that results from admitting
26an out-of-state transfer student to class that has an

 

 

10000HB0313ham002- 164 -LRB100 04130 SMS 22956 a

1appointment scheduled pursuant to this subsection (5).
2    (6) Every school shall report to the State Board of
3Education by November 15, in the manner which that agency shall
4require, the number of children who have received the necessary
5immunizations and the health examination (other than a dental
6examination or eye examination) as required, indicating, of
7those who have not received the immunizations and examination
8as required, the number of children who are exempt from health
9examination and immunization requirements on religious or
10medical grounds as provided in subsection (8). On or before
11December 1 of each year, every public school district and
12registered nonpublic school shall make publicly available the
13immunization data they are required to submit to the State
14Board of Education by November 15. The immunization data made
15publicly available must be identical to the data the school
16district or school has reported to the State Board of
17Education.
18    Every school shall report to the State Board of Education
19by June 30, in the manner that the State Board requires, the
20number of children who have received the required dental
21examination, indicating, of those who have not received the
22required dental examination, the number of children who are
23exempt from the dental examination on religious grounds as
24provided in subsection (8) of this Section and the number of
25children who have received a waiver under subsection (1.5) of
26this Section.

 

 

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1    Every school shall report to the State Board of Education
2by June 30, in the manner that the State Board requires, the
3number of children who have received the required eye
4examination, indicating, of those who have not received the
5required eye examination, the number of children who are exempt
6from the eye examination as provided in subsection (8) of this
7Section, the number of children who have received a waiver
8under subsection (1.10) of this Section, and the total number
9of children in noncompliance with the eye examination
10requirement.
11    The reported information under this subsection (6) shall be
12provided to the Department of Public Health by the State Board
13of Education.
14    (7) Upon determining that the number of pupils who are
15required to be in compliance with subsection (5) of this
16Section is below 90% of the number of pupils enrolled in the
17school district, 10% of each State aid payment made pursuant to
18Section 18-8.05 to the school district for such year may be
19withheld by the State Board of Education until the number of
20students in compliance with subsection (5) is the applicable
21specified percentage or higher.
22    (8) Children of parents or legal guardians who object to
23health, dental, or eye examinations or any part thereof, to
24immunizations, or to vision and hearing screening tests on
25religious grounds shall not be required to undergo the
26examinations, tests, or immunizations to which they so object

 

 

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1if such parents or legal guardians present to the appropriate
2local school authority a signed Certificate of Religious
3Exemption detailing the grounds for objection and the specific
4immunizations, tests, or examinations to which they object. The
5grounds for objection must set forth the specific religious
6belief that conflicts with the examination, test,
7immunization, or other medical intervention. The signed
8certificate shall also reflect the parent's or legal guardian's
9understanding of the school's exclusion policies in the case of
10a vaccine-preventable disease outbreak or exposure. The
11certificate must also be signed by the authorized examining
12health care provider responsible for the performance of the
13child's health examination confirming that the provider
14provided education to the parent or legal guardian on the
15benefits of immunization and the health risks to the student
16and to the community of the communicable diseases for which
17immunization is required in this State. However, the health
18care provider's signature on the certificate reflects only that
19education was provided and does not allow a health care
20provider grounds to determine a religious exemption. Those
21receiving immunizations required under this Code shall be
22provided with the relevant vaccine information statements that
23are required to be disseminated by the federal National
24Childhood Vaccine Injury Act of 1986, which may contain
25information on circumstances when a vaccine should not be
26administered, prior to administering a vaccine. A healthcare

 

 

10000HB0313ham002- 167 -LRB100 04130 SMS 22956 a

1provider may consider including without limitation the
2nationally accepted recommendations from federal agencies such
3as the Advisory Committee on Immunization Practices, the
4information outlined in the relevant vaccine information
5statement, and vaccine package inserts, along with the
6healthcare provider's clinical judgment, to determine whether
7any child may be more susceptible to experiencing an adverse
8vaccine reaction than the general population, and, if so, the
9healthcare provider may exempt the child from an immunization
10or adopt an individualized immunization schedule. The
11Certificate of Religious Exemption shall be created by the
12Department of Public Health and shall be made available and
13used by parents and legal guardians by the beginning of the
142015-2016 school year. Parents or legal guardians must submit
15the Certificate of Religious Exemption to their local school
16authority prior to entering kindergarten, sixth grade, and
17ninth grade for each child for which they are requesting an
18exemption. The religious objection stated need not be directed
19by the tenets of an established religious organization.
20However, general philosophical or moral reluctance to allow
21physical examinations, eye examinations, immunizations, vision
22and hearing screenings, or dental examinations does not provide
23a sufficient basis for an exception to statutory requirements.
24The local school authority is responsible for determining if
25the content of the Certificate of Religious Exemption
26constitutes a valid religious objection. The local school

 

 

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1authority shall inform the parent or legal guardian of
2exclusion procedures, in accordance with the Department's
3rules under Part 690 of Title 77 of the Illinois Administrative
4Code, at the time the objection is presented.
5    If the physical condition of the child is such that any one
6or more of the immunizing agents should not be administered,
7the examining physician, advanced practice registered nurse,
8or physician assistant responsible for the performance of the
9health examination shall endorse that fact upon the health
10examination form.
11    Exempting a child from the health, dental, or eye
12examination does not exempt the child from participation in the
13program of physical education training provided in Sections
1427-5 through 27-7 of this Code.
15    (9) For the purposes of this Section, "nursery schools"
16means those nursery schools operated by elementary school
17systems or secondary level school units or institutions of
18higher learning.
19(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
2099-249, 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
24Department of Public Health shall promulgate, and except as
25hereinafter provided, all children in Illinois shall have a

 

 

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1health examination as follows: within one year prior to
2entering kindergarten or the first grade of any public,
3private, or parochial elementary school; upon entering the
4sixth and ninth grades of any public, private, or parochial
5school; prior to entrance into any public, private, or
6parochial nursery school; and, irrespective of grade,
7immediately prior to or upon entrance into any public, private,
8or parochial school or nursery school, each child shall present
9proof of having been examined in accordance with this Section
10and the rules and regulations promulgated hereunder. Any child
11who received a health examination within one year prior to
12entering the fifth grade for the 2007-2008 school year is not
13required to receive an additional health examination in order
14to comply with the provisions of Public Act 95-422 when he or
15she attends school for the 2008-2009 school year, unless the
16child is attending school for the first time as provided in
17this paragraph.
18    A tuberculosis skin test screening shall be included as a
19required part of each health examination included under this
20Section if the child resides in an area designated by the
21Department of Public Health as having a high incidence of
22tuberculosis. Additional health examinations of pupils,
23including eye examinations, may be required when deemed
24necessary by school authorities. Parents are encouraged to have
25their children undergo eye examinations at the same points in
26time required for health examinations.

 

 

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1    (1.5) In compliance with rules adopted by the Department of
2Public Health and except as otherwise provided in this Section,
3all children in kindergarten and the second and sixth grades of
4any public, private, or parochial school shall have a dental
5examination. Each of these children shall present proof of
6having been examined by a dentist in accordance with this
7Section and rules adopted under this Section before May 15th of
8the school year. If a child in the second or sixth grade fails
9to present proof by May 15th, the school may hold the child's
10report card until one of the following occurs: (i) the child
11presents proof of a completed dental examination or (ii) the
12child presents proof that a dental examination will take place
13within 60 days after May 15th. The Department of Public Health
14shall establish, by rule, a waiver for children who show an
15undue burden or a lack of access to a dentist. Each public,
16private, and parochial school must give notice of this dental
17examination requirement to the parents and guardians of
18students at least 60 days before May 15th of each school year.
19    (1.10) Except as otherwise provided in this Section, all
20children enrolling in kindergarten in a public, private, or
21parochial school on or after the effective date of this
22amendatory Act of the 95th General Assembly and any student
23enrolling for the first time in a public, private, or parochial
24school on or after the effective date of this amendatory Act of
25the 95th General Assembly shall have an eye examination. Each
26of these children shall present proof of having been examined

 

 

10000HB0313ham002- 171 -LRB100 04130 SMS 22956 a

1by a physician licensed to practice medicine in all of its
2branches or a licensed optometrist within the previous year, in
3accordance with this Section and rules adopted under this
4Section, before October 15th of the school year. If the child
5fails to present proof by October 15th, the school may hold the
6child's report card until one of the following occurs: (i) the
7child presents proof of a completed eye examination or (ii) the
8child presents proof that an eye examination will take place
9within 60 days after October 15th. The Department of Public
10Health shall establish, by rule, a waiver for children who show
11an undue burden or a lack of access to a physician licensed to
12practice medicine in all of its branches who provides eye
13examinations or to a licensed optometrist. Each public,
14private, and parochial school must give notice of this eye
15examination requirement to the parents and guardians of
16students in compliance with rules of the Department of Public
17Health. Nothing in this Section shall be construed to allow a
18school to exclude a child from attending because of a parent's
19or guardian's failure to obtain an eye examination for the
20child.
21    (2) The Department of Public Health shall promulgate rules
22and regulations specifying the examinations and procedures
23that constitute a health examination, which shall include an
24age-appropriate developmental screening, an age-appropriate
25social and emotional screening, and the collection of data
26relating to obesity (including at a minimum, date of birth,

 

 

10000HB0313ham002- 172 -LRB100 04130 SMS 22956 a

1gender, height, weight, blood pressure, and date of exam), and
2a dental examination and may recommend by rule that certain
3additional examinations be performed. The rules and
4regulations of the Department of Public Health shall specify
5that a tuberculosis skin test screening shall be included as a
6required part of each health examination included under this
7Section if the child resides in an area designated by the
8Department of Public Health as having a high incidence of
9tuberculosis. With respect to the developmental screening and
10the social and emotional screening, the Department of Public
11Health must develop rules and appropriate revisions to the
12Child Health Examination form in conjunction with a statewide
13organization representing school boards; a statewide
14organization representing pediatricians; statewide
15organizations representing individuals holding Illinois
16educator licenses with school support personnel endorsements,
17including school social workers, school psychologists, and
18school nurses; a statewide organization representing
19children's mental health experts; a statewide organization
20representing school principals; the Director of Healthcare and
21Family Services or his or her designee, the State
22Superintendent of Education or his or her designee; and
23representatives of other appropriate State agencies and, at a
24minimum, must recommend the use of validated screening tools
25appropriate to the child's age or grade, and, with regard to
26the social and emotional screening, require recording only

 

 

10000HB0313ham002- 173 -LRB100 04130 SMS 22956 a

1whether or not the screening was completed. The rules shall
2take into consideration the screening recommendations of the
3American Academy of Pediatrics and must be consistent with the
4State Board of Education's social and emotional learning
5standards. The Department of Public Health shall specify that a
6diabetes screening as defined by rule shall be included as a
7required part of each health examination. Diabetes testing is
8not required.
9    Physicians licensed to practice medicine in all of its
10branches, licensed advanced practice registered nurses, or
11licensed physician assistants shall be responsible for the
12performance of the health examinations, other than dental
13examinations, eye examinations, and vision and hearing
14screening, and shall sign all report forms required by
15subsection (4) of this Section that pertain to those portions
16of the health examination for which the physician, advanced
17practice registered nurse, or physician assistant is
18responsible. If a registered nurse performs any part of a
19health examination, then a physician licensed to practice
20medicine in all of its branches must review and sign all
21required report forms. Licensed dentists shall perform all
22dental examinations and shall sign all report forms required by
23subsection (4) of this Section that pertain to the dental
24examinations. Physicians licensed to practice medicine in all
25its branches or licensed optometrists shall perform all eye
26examinations required by this Section and shall sign all report

 

 

10000HB0313ham002- 174 -LRB100 04130 SMS 22956 a

1forms required by subsection (4) of this Section that pertain
2to the eye examination. For purposes of this Section, an eye
3examination shall at a minimum include history, visual acuity,
4subjective refraction to best visual acuity near and far,
5internal and external examination, and a glaucoma evaluation,
6as well as any other tests or observations that in the
7professional judgment of the doctor are necessary. Vision and
8hearing screening tests, which shall not be considered
9examinations as that term is used in this Section, shall be
10conducted in accordance with rules and regulations of the
11Department of Public Health, and by individuals whom the
12Department of Public Health has certified. In these rules and
13regulations, the Department of Public Health shall require that
14individuals conducting vision screening tests give a child's
15parent or guardian written notification, before the vision
16screening is conducted, that states, "Vision screening is not a
17substitute for a complete eye and vision evaluation by an eye
18doctor. Your child is not required to undergo this vision
19screening if an optometrist or ophthalmologist has completed
20and signed a report form indicating that an examination has
21been administered within the previous 12 months."
22    (2.5) With respect to the developmental screening and the
23social and emotional screening portion of the health
24examination, each child may present proof of having been
25screened in accordance with this Section and the rules adopted
26under this Section before October 15th of the school year. With

 

 

10000HB0313ham002- 175 -LRB100 04130 SMS 22956 a

1regard to the social and emotional screening only, the
2examining health care provider shall only record whether or not
3the screening was completed. If the child fails to present
4proof of the developmental screening or the social and
5emotional screening portions of the health examination by
6October 15th of the school year, qualified school support
7personnel may, with a parent's or guardian's consent, offer the
8developmental screening or the social and emotional screening
9to the child. Each public, private, and parochial school must
10give notice of the developmental screening and social and
11emotional screening requirements to the parents and guardians
12of students in compliance with the rules of the Department of
13Public Health. Nothing in this Section shall be construed to
14allow a school to exclude a child from attending because of a
15parent's or guardian's failure to obtain a developmental
16screening or a social and emotional screening for the child.
17Once a developmental screening or a social and emotional
18screening is completed and proof has been presented to the
19school, the school may, with a parent's or guardian's consent,
20make available appropriate school personnel to work with the
21parent or guardian, the child, and the provider who signed the
22screening form to obtain any appropriate evaluations and
23services as indicated on the form and in other information and
24documentation provided by the parents, guardians, or provider.
25    (3) Every child shall, at or about the same time as he or
26she receives a health examination required by subsection (1) of

 

 

10000HB0313ham002- 176 -LRB100 04130 SMS 22956 a

1this Section, present to the local school proof of having
2received such immunizations against preventable communicable
3diseases as the Department of Public Health shall require by
4rules and regulations promulgated pursuant to this Section and
5the Communicable Disease Prevention Act.
6    (4) The individuals conducting the health examination,
7dental examination, or eye examination shall record the fact of
8having conducted the examination, and such additional
9information as required, including for a health examination
10data relating to obesity (including at a minimum, date of
11birth, gender, height, weight, blood pressure, and date of
12exam), on uniform forms which the Department of Public Health
13and the State Board of Education shall prescribe for statewide
14use. The examiner shall summarize on the report form any
15condition that he or she suspects indicates a need for special
16services, including for a health examination factors relating
17to obesity. The duty to summarize on the report form does not
18apply to social and emotional screenings. The confidentiality
19of the information and records relating to the developmental
20screening and the social and emotional screening shall be
21determined by the statutes, rules, and professional ethics
22governing the type of provider conducting the screening. The
23individuals confirming the administration of required
24immunizations shall record as indicated on the form that the
25immunizations were administered.
26    (5) If a child does not submit proof of having had either

 

 

10000HB0313ham002- 177 -LRB100 04130 SMS 22956 a

1the health examination or the immunization as required, then
2the child shall be examined or receive the immunization, as the
3case may be, and present proof by October 15 of the current
4school year, or by an earlier date of the current school year
5established by a school district. To establish a date before
6October 15 of the current school year for the health
7examination or immunization as required, a school district must
8give notice of the requirements of this Section 60 days prior
9to the earlier established date. If for medical reasons one or
10more of the required immunizations must be given after October
1115 of the current school year, or after an earlier established
12date of the current school year, then the child shall present,
13by October 15, or by the earlier established date, a schedule
14for the administration of the immunizations and a statement of
15the medical reasons causing the delay, both the schedule and
16the statement being issued by the physician, advanced practice
17registered nurse, physician assistant, registered nurse, or
18local health department that will be responsible for
19administration of the remaining required immunizations. If a
20child does not comply by October 15, or by the earlier
21established date of the current school year, with the
22requirements of this subsection, then the local school
23authority shall exclude that child from school until such time
24as the child presents proof of having had the health
25examination as required and presents proof of having received
26those required immunizations which are medically possible to

 

 

10000HB0313ham002- 178 -LRB100 04130 SMS 22956 a

1receive immediately. During a child's exclusion from school for
2noncompliance with this subsection, the child's parents or
3legal guardian shall be considered in violation of Section 26-1
4and subject to any penalty imposed by Section 26-10. This
5subsection (5) does not apply to dental examinations, eye
6examinations, and the developmental screening and the social
7and emotional screening portions of the health examination. If
8the student is an out-of-state transfer student and does not
9have the proof required under this subsection (5) before
10October 15 of the current year or whatever date is set by the
11school district, then he or she may only attend classes (i) if
12he or she has proof that an appointment for the required
13vaccinations has been scheduled with a party authorized to
14submit proof of the required vaccinations. If the proof of
15vaccination required under this subsection (5) is not submitted
16within 30 days after the student is permitted to attend
17classes, then the student is not to be permitted to attend
18classes until proof of the vaccinations has been properly
19submitted. No school district or employee of a school district
20shall be held liable for any injury or illness to another
21person that results from admitting an out-of-state transfer
22student to class that has an appointment scheduled pursuant to
23this subsection (5).
24    (6) Every school shall report to the State Board of
25Education by November 15, in the manner which that agency shall
26require, the number of children who have received the necessary

 

 

10000HB0313ham002- 179 -LRB100 04130 SMS 22956 a

1immunizations and the health examination (other than a dental
2examination or eye examination) as required, indicating, of
3those who have not received the immunizations and examination
4as required, the number of children who are exempt from health
5examination and immunization requirements on religious or
6medical grounds as provided in subsection (8). On or before
7December 1 of each year, every public school district and
8registered nonpublic school shall make publicly available the
9immunization data they are required to submit to the State
10Board of Education by November 15. The immunization data made
11publicly available must be identical to the data the school
12district or school has reported to the State Board of
13Education.
14    Every school shall report to the State Board of Education
15by June 30, in the manner that the State Board requires, the
16number of children who have received the required dental
17examination, indicating, of those who have not received the
18required dental examination, the number of children who are
19exempt from the dental examination on religious grounds as
20provided in subsection (8) of this Section and the number of
21children who have received a waiver under subsection (1.5) of
22this Section.
23    Every school shall report to the State Board of Education
24by June 30, in the manner that the State Board requires, the
25number of children who have received the required eye
26examination, indicating, of those who have not received the

 

 

10000HB0313ham002- 180 -LRB100 04130 SMS 22956 a

1required eye examination, the number of children who are exempt
2from the eye examination as provided in subsection (8) of this
3Section, the number of children who have received a waiver
4under subsection (1.10) of this Section, and the total number
5of children in noncompliance with the eye examination
6requirement.
7    The reported information under this subsection (6) shall be
8provided to the Department of Public Health by the State Board
9of Education.
10    (7) Upon determining that the number of pupils who are
11required to be in compliance with subsection (5) of this
12Section is below 90% of the number of pupils enrolled in the
13school district, 10% of each State aid payment made pursuant to
14Section 18-8.05 to the school district for such year may be
15withheld by the State Board of Education until the number of
16students in compliance with subsection (5) is the applicable
17specified percentage or higher.
18    (8) Children of parents or legal guardians who object to
19health, dental, or eye examinations or any part thereof, to
20immunizations, or to vision and hearing screening tests on
21religious grounds shall not be required to undergo the
22examinations, tests, or immunizations to which they so object
23if such parents or legal guardians present to the appropriate
24local school authority a signed Certificate of Religious
25Exemption detailing the grounds for objection and the specific
26immunizations, tests, or examinations to which they object. The

 

 

10000HB0313ham002- 181 -LRB100 04130 SMS 22956 a

1grounds for objection must set forth the specific religious
2belief that conflicts with the examination, test,
3immunization, or other medical intervention. The signed
4certificate shall also reflect the parent's or legal guardian's
5understanding of the school's exclusion policies in the case of
6a vaccine-preventable disease outbreak or exposure. The
7certificate must also be signed by the authorized examining
8health care provider responsible for the performance of the
9child's health examination confirming that the provider
10provided education to the parent or legal guardian on the
11benefits of immunization and the health risks to the student
12and to the community of the communicable diseases for which
13immunization is required in this State. However, the health
14care provider's signature on the certificate reflects only that
15education was provided and does not allow a health care
16provider grounds to determine a religious exemption. Those
17receiving immunizations required under this Code shall be
18provided with the relevant vaccine information statements that
19are required to be disseminated by the federal National
20Childhood Vaccine Injury Act of 1986, which may contain
21information on circumstances when a vaccine should not be
22administered, prior to administering a vaccine. A healthcare
23provider may consider including without limitation the
24nationally accepted recommendations from federal agencies such
25as the Advisory Committee on Immunization Practices, the
26information outlined in the relevant vaccine information

 

 

10000HB0313ham002- 182 -LRB100 04130 SMS 22956 a

1statement, and vaccine package inserts, along with the
2healthcare provider's clinical judgment, to determine whether
3any child may be more susceptible to experiencing an adverse
4vaccine reaction than the general population, and, if so, the
5healthcare provider may exempt the child from an immunization
6or adopt an individualized immunization schedule. The
7Certificate of Religious Exemption shall be created by the
8Department of Public Health and shall be made available and
9used by parents and legal guardians by the beginning of the
102015-2016 school year. Parents or legal guardians must submit
11the Certificate of Religious Exemption to their local school
12authority prior to entering kindergarten, sixth grade, and
13ninth grade for each child for which they are requesting an
14exemption. The religious objection stated need not be directed
15by the tenets of an established religious organization.
16However, general philosophical or moral reluctance to allow
17physical examinations, eye examinations, immunizations, vision
18and hearing screenings, or dental examinations does not provide
19a sufficient basis for an exception to statutory requirements.
20The local school authority is responsible for determining if
21the content of the Certificate of Religious Exemption
22constitutes a valid religious objection. The local school
23authority shall inform the parent or legal guardian of
24exclusion procedures, in accordance with the Department's
25rules under Part 690 of Title 77 of the Illinois Administrative
26Code, at the time the objection is presented.

 

 

10000HB0313ham002- 183 -LRB100 04130 SMS 22956 a

1    If the physical condition of the child is such that any one
2or more of the immunizing agents should not be administered,
3the examining physician, advanced practice registered nurse,
4or physician assistant responsible for the performance of the
5health examination shall endorse that fact upon the health
6examination form.
7    Exempting a child from the health, dental, or eye
8examination does not exempt the child from participation in the
9program of physical education training provided in Sections
1027-5 through 27-7 of this Code.
11    (9) For the purposes of this Section, "nursery schools"
12means those nursery schools operated by elementary school
13systems or secondary level school units or institutions of
14higher learning.
15(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
1699-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff.
176-1-17.)
 
18    Section 90. The Care of Students with Diabetes Act is
19amended 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
23agreed to receive training in diabetes care and to assist
24students in implementing their diabetes care plan and has

 

 

10000HB0313ham002- 184 -LRB100 04130 SMS 22956 a

1entered into an agreement with a parent or guardian and the
2school district or private school.
3    "Diabetes care plan" means a document that specifies the
4diabetes-related services needed by a student at school and at
5school-sponsored activities and identifies the appropriate
6staff to provide and supervise these services.
7    "Health care provider" means a physician licensed to
8practice medicine in all of its branches, advanced practice
9registered nurse who has a written agreement with a
10collaborating physician who authorizes the provision of
11diabetes care, or a physician assistant who has a written
12supervision agreement with a supervising physician who
13authorizes the provision of diabetes care.
14    "Principal" means the principal of the school.
15    "School" means any primary or secondary public, charter, or
16private school located in this State.
17    "School employee" means a person who is employed by a
18public school district or private school, a person who is
19employed by a local health department and assigned to a school,
20or a person who contracts with a school or school district to
21perform services in connection with a student's diabetes care
22plan. This definition must not be interpreted as requiring a
23school district or private school to hire additional personnel
24for the sole purpose of serving as a designated care aide.
25(Source: P.A. 96-1485, eff. 12-1-10.)
 

 

 

10000HB0313ham002- 185 -LRB100 04130 SMS 22956 a

1    Section 95. The Nursing Education Scholarship Law is
2amended 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
6following meanings except where the context clearly indicates
7otherwise:
8    (1) "Board" means the Board of Higher Education created by
9the Board of Higher Education Act.
10    (2) "Department" means the Illinois Department of Public
11Health.
12    (3) "Approved institution" means a public community
13college, private junior college, hospital-based diploma in
14nursing program, or public or private college or university
15located in this State that has approval by the Department of
16Professional Regulation for an associate degree in nursing
17program, associate degree in applied sciences in nursing
18program, hospital-based diploma in nursing program,
19baccalaureate degree in nursing program, graduate degree in
20nursing program, or certificate in practical nursing program.
21    (4) "Baccalaureate degree in nursing program" means a
22program offered by an approved institution and leading to a
23bachelor of science degree in nursing.
24    (5) "Enrollment" means the establishment and maintenance
25of an individual's status as a student in an approved

 

 

10000HB0313ham002- 186 -LRB100 04130 SMS 22956 a

1institution, regardless of the terms used at the institution to
2describe such status.
3    (6) "Academic year" means the period of time from September
41 of one year through August 31 of the next year or as
5otherwise defined by the academic institution.
6    (7) "Associate degree in nursing program or hospital-based
7diploma in nursing program" means a program offered by an
8approved institution and leading to an associate degree in
9nursing, associate degree in applied sciences in nursing, or
10hospital-based diploma in nursing.
11    (8) "Graduate degree in nursing program" means a program
12offered by an approved institution and leading to a master of
13science degree in nursing or a doctorate of philosophy or
14doctorate of nursing degree in nursing.
15    (9) "Director" means the Director of the Illinois
16Department of Public Health.
17    (10) "Accepted for admission" means a student has completed
18the requirements for entry into an associate degree in nursing
19program, associate degree in applied sciences in nursing
20program, hospital-based diploma in nursing program,
21baccalaureate degree in nursing program, graduate degree in
22nursing program, or certificate in practical nursing program at
23an approved institution, as documented by the institution.
24    (11) "Fees" means those mandatory charges, in addition to
25tuition, that all enrolled students must pay, including
26required course or lab fees.

 

 

10000HB0313ham002- 187 -LRB100 04130 SMS 22956 a

1    (12) "Full-time student" means a student enrolled for at
2least 12 hours per term or as otherwise determined by the
3academic institution.
4    (13) "Law" means the Nursing Education Scholarship Law.
5    (14) "Nursing employment obligation" means employment in
6this State as a registered professional nurse, licensed
7practical nurse, or advanced practice registered nurse in
8direct patient care for at least one year for each year of
9scholarship assistance received through the Nursing Education
10Scholarship Program.
11    (15) "Part-time student" means a person who is enrolled for
12at least one-third of the number of hours required per term by
13a school for its full-time students.
14    (16) "Practical nursing program" means a program offered by
15an approved institution leading to a certificate in practical
16nursing.
17    (17) "Registered professional nurse" means a person who is
18currently licensed as a registered professional nurse by the
19Department of Professional Regulation under the Nurse Practice
20Act.
21    (18) "Licensed practical nurse" means a person who is
22currently licensed as a licensed practical nurse by the
23Department of Professional Regulation under the Nurse Practice
24Act.
25    (19) "School term" means an academic term, such as a
26semester, quarter, trimester, or number of clock hours, as

 

 

10000HB0313ham002- 188 -LRB100 04130 SMS 22956 a

1defined by an approved institution.
2    (20) "Student in good standing" means a student maintaining
3a cumulative grade point average equivalent to at least the
4academic grade of a "C".
5    (21) "Total and permanent disability" means a physical or
6mental impairment, disease, or loss of a permanent nature that
7prevents nursing employment with or without reasonable
8accommodation. Proof of disability shall be a declaration from
9the social security administration, Illinois Workers'
10Compensation Commission, Department of Defense, or an insurer
11authorized to transact business in Illinois who is providing
12disability insurance coverage to a contractor.
13    (22) "Tuition" means the established charges of an
14institution of higher learning for instruction at that
15institution.
16    (23) "Nurse educator" means a person who is currently
17licensed as a registered nurse by the Department of
18Professional Regulation under the Nurse Practice Act, who has a
19graduate degree in nursing, and who is employed by an approved
20academic institution to educate registered nursing students,
21licensed practical nursing students, and registered nurses
22pursuing graduate degrees.
23    (24) "Nurse educator employment obligation" means
24employment in this State as a nurse educator for at least 2
25years for each year of scholarship assistance received under
26Section 6.5 of this Law.

 

 

10000HB0313ham002- 189 -LRB100 04130 SMS 22956 a

1    Rulemaking authority to implement this amendatory Act of
2the 96th General Assembly, if any, is conditioned on the rules
3being adopted in accordance with all provisions of the Illinois
4Administrative Procedure Act and all rules and procedures of
5the Joint Committee on Administrative Rules; any purported rule
6not so adopted, for whatever reason, is unauthorized.
7(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
896-805, eff. 10-30-09.)
 
9    (110 ILCS 975/5)  (from Ch. 144, par. 2755)
10    Sec. 5. Nursing education scholarships. Beginning with the
11fall term of the 2004-2005 academic year, the Department, in
12accordance with rules and regulations promulgated by it for
13this program, shall provide scholarships to individuals
14selected from among those applicants who qualify for
15consideration 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

 

 

10000HB0313ham002- 190 -LRB100 04130 SMS 22956 a

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
4the number of scholarships to be awarded, the Department shall,
5in consultation with the Illinois Nursing Workforce Center for
6Nursing Advisory Board, consider the following factors in
7granting 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
25to recipients at approved institutions for a period of up to 2
26years if the recipient is enrolled in an associate degree in

 

 

10000HB0313ham002- 191 -LRB100 04130 SMS 22956 a

1nursing program, up to 3 years if the recipient is enrolled in
2a hospital-based diploma in nursing program, up to 4 years if
3the recipient is enrolled in a baccalaureate degree in nursing
4program, up to 5 years if the recipient is enrolled in a
5graduate degree in nursing program, and up to one year if the
6recipient is enrolled in a certificate in practical nursing
7program. At least 40% of the scholarships awarded shall be for
8recipients who are pursuing baccalaureate degrees in nursing,
930% of the scholarships awarded shall be for recipients who are
10pursuing associate degrees in nursing or a diploma in nursing,
1110% of the scholarships awarded shall be for recipients who are
12pursuing a certificate in practical nursing, and 20% of the
13scholarships awarded shall be for recipients who are pursuing a
14graduate 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
19year, the Department shall provide scholarships to individuals
20selected from among those applicants who qualify for
21consideration 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

 

 

10000HB0313ham002- 192 -LRB100 04130 SMS 22956 a

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
6exceeds the number of scholarships to be awarded under this
7Section, the Department shall, in consultation with the
8Illinois Nursing Workforce Center for Nursing Advisory Board,
9consider the following factors in granting priority in awarding
10scholarships:
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

 

 

10000HB0313ham002- 193 -LRB100 04130 SMS 22956 a

1Section shall be awarded to recipients at approved institutions
2for a period of up to 3 years.
3    (d) Within 12 months after graduation from a graduate
4degree in nursing program for nurse educators, any recipient
5who accepted a scholarship under this Section shall begin
6meeting the required nurse educator employment obligation. In
7order to defer his or her continuous employment obligation, a
8recipient must request the deferment in writing from the
9Department. A recipient shall receive a deferment if he or she
10notifies the Department, within 30 days after enlisting, that
11he or she is spending up to 4 years in military service. A
12recipient shall receive a deferment if he or she notifies the
13Department, within 30 days after enrolling, that he or she is
14enrolled in an academic program leading to a graduate degree in
15nursing. The recipient must begin meeting the required nurse
16educator employment obligation no later than 6 months after the
17end of the deferment or deferments.
18    Any person who fails to fulfill the nurse educator
19employment obligation shall pay to the Department an amount
20equal to the amount of scholarship funds received per year for
21each unfulfilled year of the nurse educator employment
22obligation, together with interest at 7% per year on the unpaid
23balance. Payment must begin within 6 months following the date
24of the occurrence initiating the repayment. All repayments must
25be completed within 6 years from the date of the occurrence
26initiating the repayment. However, this repayment obligation

 

 

10000HB0313ham002- 194 -LRB100 04130 SMS 22956 a

1may be deferred and re-evaluated every 6 months when the
2failure to fulfill the nurse educator employment obligation
3results from involuntarily leaving the profession due to a
4decrease in the number of nurses employed in this State or when
5the failure to fulfill the nurse educator employment obligation
6results from total and permanent disability. The repayment
7obligation shall be excused if the failure to fulfill the nurse
8educator employment obligation results from the death or
9adjudication as incompetent of the person holding the
10scholarship. No claim for repayment may be filed against the
11estate of such a decedent or incompetent.
12    The Department may allow a nurse educator employment
13obligation fulfillment alternative if the nurse educator
14scholarship recipient is unsuccessful in finding work as a
15nurse educator. The Department shall maintain a database of all
16available nurse educator positions in this State.
17    (e) Each person applying for a scholarship under this
18Section must be provided with a copy of this Section at the
19time of application for the benefits of this scholarship.
20    (f) Rulemaking authority to implement this amendatory Act
21of the 96th General Assembly, if any, is conditioned on the
22rules being adopted in accordance with all provisions of the
23Illinois Administrative Procedure Act and all rules and
24procedures of the Joint Committee on Administrative Rules; any
25purported rule not so adopted, for whatever reason, is
26unauthorized.

 

 

10000HB0313ham002- 195 -LRB100 04130 SMS 22956 a

1(Source: P.A. 96-805, eff. 10-30-09.)
 
2    Section 100. The Ambulatory Surgical Treatment Center Act
3is amended by changing Section 6.5 as follows:
 
4    (210 ILCS 5/6.5)
5    Sec. 6.5. Clinical privileges; advanced practice
6registered nurses. All ambulatory surgical treatment centers
7(ASTC) licensed under this Act shall comply with the following
8requirements:
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

 

 

10000HB0313ham002- 196 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 197 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 198 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 199 -LRB100 04130 SMS 22956 a

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
15amended 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,
19bathing, toileting, transferring, or personal hygiene.
20    "Assisted living establishment" or "establishment" means a
21home, building, residence, or any other place where sleeping
22accommodations are provided for at least 3 unrelated adults, at
23least 80% of whom are 55 years of age or older and where the
24following are provided consistent with the purposes of this

 

 

10000HB0313ham002- 200 -LRB100 04130 SMS 22956 a

1Act:
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
26not mean any of the following:

 

 

10000HB0313ham002- 201 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 202 -LRB100 04130 SMS 22956 a

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
19serious physical harm to a resident of an establishment.
20    "License" means any of the following types of licenses
21issued 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

 

 

10000HB0313ham002- 203 -LRB100 04130 SMS 22956 a

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,
5corporation, partnership, or organization that has been issued
6a license to operate an assisted living or shared housing
7establishment.
8    "Licensed health care professional" means a registered
9professional nurse, an advanced practice registered nurse, a
10physician 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

 

 

10000HB0313ham002- 204 -LRB100 04130 SMS 22956 a

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
4his or her representative, may formally negotiate with
5providers what risks each are willing and unwilling to assume
6in service provision and the resident's living environment. The
7provider assures that the resident and the resident's
8representative, if any, are informed of the risks of these
9decisions and of the potential consequences of assuming these
10risks.
11    "Owner" means the individual, partnership, corporation,
12association, or other person who owns an assisted living or
13shared housing establishment. In the event an assisted living
14or shared housing establishment is operated by a person who
15leases or manages the physical plant, which is owned by another
16person, "owner" means the person who operates the assisted
17living or shared housing establishment, except that if the
18person who owns the physical plant is an affiliate of the
19person who operates the assisted living or shared housing
20establishment and has significant control over the day to day
21operations of the assisted living or shared housing
22establishment, the person who owns the physical plant shall
23incur jointly and severally with the owner all liabilities
24imposed on an owner under this Act.
25    "Physician" means a person licensed under the Medical
26Practice Act of 1987 to practice medicine in all of its

 

 

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1branches.
2    "Resident" means a person residing in an assisted living or
3shared housing establishment.
4    "Resident's representative" means a person, other than the
5owner, agent, or employee of an establishment or of the health
6care provider unless related to the resident, designated in
7writing by a resident to be his or her representative. This
8designation may be accomplished through the Illinois Power of
9Attorney Act, pursuant to the guardianship process under the
10Probate Act of 1975, or pursuant to an executed designation of
11representative form specified by the Department.
12    "Self" means the individual or the individual's designated
13representative.
14    "Shared housing establishment" or "establishment" means a
15publicly or privately operated free-standing residence for 16
16or fewer persons, at least 80% of whom are 55 years of age or
17older and who are unrelated to the owners and one manager of
18the 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
7mean 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.

 

 

10000HB0313ham002- 207 -LRB100 04130 SMS 22956 a

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
22performs the entire activity of daily living without
23participation 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

 

 

10000HB0313ham002- 208 -LRB100 04130 SMS 22956 a

1Bank 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
4laboratory shall examine specimens only at the request of (i) a
5licensed physician, (ii) a licensed dentist, (iii) a licensed
6podiatric physician, (iv) a licensed optometrist, (v) a
7licensed physician assistant, (v-A) a licensed advanced
8practice registered nurse, (vi) an authorized law enforcement
9agency or, in the case of blood alcohol, at the request of the
10individual for whom the test is to be performed in compliance
11with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code,
12or (vii) a genetic counselor with the specific authority from a
13referral to order a test or tests pursuant to subsection (b) of
14Section 20 of the Genetic Counselor Licensing Act. If the
15request to a laboratory is oral, the physician or other
16authorized person shall submit a written request to the
17laboratory within 48 hours. If the laboratory does not receive
18the written request within that period, it shall note that fact
19in its records. For purposes of this Section, a request made by
20electronic 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,
22eff. 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
24changing 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
5resident care services who may be required to lift, transfer,
6reposition, or move a resident.
7    "Nurse" means an advanced practice registered nurse, a
8registered nurse, or a licensed practical nurse licensed under
9the Nurse Practice Act.
10    "Safe lifting equipment and accessories" means mechanical
11equipment designed to lift, move, reposition, and transfer
12residents, including, but not limited to, fixed and portable
13ceiling lifts, sit-to-stand lifts, slide sheets and boards,
14slings, and repositioning and turning sheets.
15    "Safe lifting team" means at least 2 individuals who are
16trained and proficient in the use of both safe lifting
17techniques and safe lifting equipment and accessories.
18    "Adjustable equipment" means products and devices that may
19be adapted for use by individuals with physical and other
20disabilities in order to optimize accessibility. Adjustable
21equipment 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

 

 

10000HB0313ham002- 210 -LRB100 04130 SMS 22956 a

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
21policy to identify, assess, and develop strategies to control
22risk of injury to residents and nurses and other health care
23workers associated with the lifting, transferring,
24repositioning, or movement of a resident. The policy shall
25establish a process that, at a minimum, includes all of the
26following:

 

 

10000HB0313ham002- 211 -LRB100 04130 SMS 22956 a

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.

 

 

10000HB0313ham002- 212 -LRB100 04130 SMS 22956 a

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

 

 

10000HB0313ham002- 213 -LRB100 04130 SMS 22956 a

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
7training that includes, but need not be limited to, the
8following:
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
21standards and guidelines such as the United States Department
22of Labor Guidelines for Nursing Homes, supplemented by federal
23requirements for barrier removal, independent access, and
24means of accommodation optimizing independent movement and
25transfer.
26(Source: P.A. 96-389, eff. 1-1-10; 97-866, eff. 1-1-13.)
 

 

 

10000HB0313ham002- 214 -LRB100 04130 SMS 22956 a

1    Section 120. The Emergency Medical Services (EMS) Systems
2Act 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
6advanced level of pre-hospital and inter-hospital emergency
7care and non-emergency medical services that includes basic
8life support care, cardiac monitoring, cardiac defibrillation,
9electrocardiography, intravenous therapy, administration of
10medications, drugs and solutions, use of adjunctive medical
11devices, trauma care, and other authorized techniques and
12procedures, as outlined in the provisions of the National EMS
13Education Standards relating to Advanced Life Support and any
14modifications to that curriculum specified in rules adopted by
15the Department pursuant to this Act.
16    That care shall be initiated as authorized by the EMS
17Medical Director in a Department approved advanced life support
18EMS System, under the written or verbal direction of a
19physician licensed to practice medicine in all of its branches
20or under the verbal direction of an Emergency Communications
21Registered Nurse.
22    (b) "Intermediate Life Support (ILS) Services" means an
23intermediate level of pre-hospital and inter-hospital
24emergency care and non-emergency medical services that

 

 

10000HB0313ham002- 215 -LRB100 04130 SMS 22956 a

1includes basic life support care plus intravenous cannulation
2and fluid therapy, invasive airway management, trauma care, and
3other authorized techniques and procedures, as outlined in the
4Intermediate Life Support national curriculum of the United
5States Department of Transportation and any modifications to
6that curriculum specified in rules adopted by the Department
7pursuant to this Act.
8    That care shall be initiated as authorized by the EMS
9Medical Director in a Department approved intermediate or
10advanced life support EMS System, under the written or verbal
11direction of a physician licensed to practice medicine in all
12of its branches or under the verbal direction of an Emergency
13Communications Registered Nurse.
14    (c) "Basic Life Support (BLS) Services" means a basic level
15of pre-hospital and inter-hospital emergency care and
16non-emergency medical services that includes medical
17monitoring, clinical observation, airway management,
18cardiopulmonary resuscitation (CPR), control of shock and
19bleeding and splinting of fractures, as outlined in the
20provisions of the National EMS Education Standards relating to
21Basic Life Support and any modifications to that curriculum
22specified in rules adopted by the Department pursuant to this
23Act.
24    That care shall be initiated, where authorized by the EMS
25Medical Director in a Department approved EMS System, under the
26written or verbal direction of a physician licensed to practice

 

 

10000HB0313ham002- 216 -LRB100 04130 SMS 22956 a

1medicine in all of its branches or under the verbal direction
2of an Emergency Communications Registered Nurse.
3    (d) "Emergency Medical Responder Services" means a
4preliminary level of pre-hospital emergency care that includes
5cardiopulmonary resuscitation (CPR), monitoring vital signs
6and control of bleeding, as outlined in the Emergency Medical
7Responder (EMR) curriculum of the National EMS Education
8Standards and any modifications to that curriculum specified in
9rules adopted by the Department pursuant to this Act.
10    (e) "Pre-hospital care" means those medical services
11rendered to patients for analytic, resuscitative, stabilizing,
12or preventive purposes, precedent to and during transportation
13of such patients to health care facilities.
14    (f) "Inter-hospital care" means those medical services
15rendered to patients for analytic, resuscitative, stabilizing,
16or preventive purposes, during transportation of such patients
17from one hospital to another hospital.
18    (f-5) "Critical care transport" means the pre-hospital or
19inter-hospital transportation of a critically injured or ill
20patient by a vehicle service provider, including the provision
21of medically necessary supplies and services, at a level of
22service beyond the scope of the Paramedic. When medically
23indicated for a patient, as determined by a physician licensed
24to practice medicine in all of its branches, an advanced
25practice registered nurse, or a physician's assistant, in
26compliance with subsections (b) and (c) of Section 3.155 of

 

 

10000HB0313ham002- 217 -LRB100 04130 SMS 22956 a

1this 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,
18clinical observation, or medical monitoring rendered to
19patients whose conditions do not meet this Act's definition of
20emergency, before or during transportation of such patients to
21or from health care facilities visited for the purpose of
22obtaining medical or health care services which are not
23emergency in nature, using a vehicle regulated by this Act.
24    (g-5) The Department shall have the authority to promulgate
25minimum standards for critical care transport providers
26through rules adopted pursuant to this Act. All critical care

 

 

10000HB0313ham002- 218 -LRB100 04130 SMS 22956 a

1transport providers must function within a Department-approved