100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3472

 

Introduced , by Rep. Cynthia Soto

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Extends the repeal date of the Nurse Practice Act from January 1, 2018 to January 1, 2028. Amends the Nurse Practice Act. Eliminates the position of Assistant Nursing Coordinator. Eliminates the Advanced Practice Nursing Board. Provides that the Department of Financial and Professional Regulation may provide notice to a licensee or applicant by certified or registered mail to the address of record or by email to the email address of record. Provides provisions for change of address of record and email address of record, application for license, confidentiality of any information collected by the Department in the course of an examination or investigation of a license or applicant, and disposition by a consent order. Changes references to "advanced practice nurse" to references to "advanced practice registered nurse" throughout the Act and other Acts. Changes references to "Illinois Center for Nursing" to references to "Illinois Nursing Workforce Center". Makes changes concerning definitions, application of the Act, unlicensed practice, prohibited acts, Department powers and duties, nursing delegation, qualifications for LPN, RN, and APRN licensure, RN education program requirements, grounds for disciplinary action, intoxication and drug abuse, the Nursing Dedicated and Professional Fund, investigations, notices, hearings, use of stenographers and transcripts, review under the Administrative Review Law, certification of records, the Center for Nursing Advisory Board, and medication aide licensure requirements. Removes provisions concerning registered nurse externship permits, rosters, liability of the State, hearing officers, and orders for rehearings. Makes other changes. Effective immediately.


LRB100 05726 SMS 15748 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3472LRB100 05726 SMS 15748 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 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 Acts repealed on January 1, 2018.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8Acts are repealed on January 1, 2018: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.
17    The Pharmacy Practice Act.
18    The Home Medical Equipment and Services Provider License
19Act.
20    The Marriage and Family Therapy Licensing Act.
21    The Nursing Home Administrators Licensing and Disciplinary
22Act.
23    The Physician Assistant Practice Act of 1987.

 

 

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1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
 
6    (5 ILCS 80/4.38 new)
7    Sec. 4.38. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9    The Nurse Practice Act.
 
10    Section 10. The State Employees Group Insurance Act of 1971
11is amended by changing Section 6.11A as follows:
 
12    (5 ILCS 375/6.11A)
13    Sec. 6.11A. Physical therapy and occupational therapy.
14    (a) The program of health benefits provided under this Act
15shall provide coverage for medically necessary physical
16therapy and occupational therapy when that therapy is ordered
17for the treatment of autoimmune diseases or referred for the
18same purpose by (i) a physician licensed under the Medical
19Practice Act of 1987, (ii) a physician assistant licensed under
20the Physician Assistant Practice Act of 1987, or (iii) an
21advanced practice registered nurse licensed under the Nurse
22Practice Act.
23    (b) For the purpose of this Section, "medically necessary"

 

 

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1means any care, treatment, intervention, service, or item that
2will or is reasonably expected to:
3        (i) prevent the onset of an illness, condition, injury,
4    disease, or disability;
5        (ii) reduce or ameliorate the physical, mental, or
6    developmental effects of an illness, condition, injury,
7    disease, or disability; or
8        (iii) assist the achievement or maintenance of maximum
9    functional activity in performing daily activities.
10    (c) The coverage required under this Section shall be
11subject to the same deductible, coinsurance, waiting period,
12cost sharing limitation, treatment limitation, calendar year
13maximum, or other limitations as provided for other physical or
14rehabilitative or occupational therapy benefits covered by the
15policy.
16    (d) Upon request of the reimbursing insurer, the provider
17of the physical therapy or occupational therapy shall furnish
18medical records, clinical notes, or other necessary data that
19substantiate that initial or continued treatment is medically
20necessary. When treatment is anticipated to require continued
21services to achieve demonstrable progress, the insurer may
22request a treatment plan consisting of the diagnosis, proposed
23treatment by type, proposed frequency of treatment,
24anticipated duration of treatment, anticipated outcomes stated
25as goals, and proposed frequency of updating the treatment
26plan.

 

 

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1    (e) When making a determination of medical necessity for
2treatment, an insurer must make the determination in a manner
3consistent with the manner in which that determination is made
4with respect to other diseases or illnesses covered under the
5policy, including an appeals process. During the appeals
6process, any challenge to medical necessity may be viewed as
7reasonable only if the review includes a licensed health care
8professional with the same category of license as the
9professional who ordered or referred the service in question
10and with expertise in the most current and effective treatment.
11(Source: P.A. 99-581, eff. 1-1-17.)
 
12    Section 15. The Election Code is amended by changing
13Sections 19-12.1 and 19-13 as follows:
 
14    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
15    Sec. 19-12.1. Any qualified elector who has secured an
16Illinois Person with a Disability Identification Card in
17accordance with the Illinois Identification Card Act,
18indicating that the person named thereon has a Class 1A or
19Class 2 disability or any qualified voter who has a permanent
20physical incapacity of such a nature as to make it improbable
21that he will be able to be present at the polls at any future
22election, or any voter who is a resident of (i) a federally
23operated veterans' home, hospital, or facility located in
24Illinois or (ii) a facility licensed or certified pursuant to

 

 

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

 

 

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1the applicant has secured an Illinois Person with a Disability
2Identification Card indicating that the person named thereon
3has a Class 1A or Class 2 disability. Upon the receipt of
4either the sworn-to application and the physician's, advanced
5practice registered nurse's, or a physician assistant's
6affidavit or proof that the applicant has secured an Illinois
7Person with a Disability Identification Card indicating that
8the person named thereon has a Class 1A or Class 2 disability,
9the county clerk or board of election commissioners shall issue
10a voter's identification card for persons with disabilities or
11a nursing home resident's identification card. Such
12identification cards shall be issued for a period of 5 years,
13upon the expiration of which time the voter may secure a new
14card by making application in the same manner as is prescribed
15for the issuance of an original card, accompanied by a new
16affidavit of the attending physician, advanced practice
17registered nurse, or a physician assistant. The date of
18expiration of such five-year period shall be made known to any
19interested person by the election authority upon the request of
20such person. Applications for the renewal of the identification
21cards shall be mailed to the voters holding such cards not less
22than 3 months prior to the date of expiration of the cards.
23    Each voter's identification card for persons with
24disabilities or nursing home resident's identification card
25shall bear an identification number, which shall be clearly
26noted on the voter's original and duplicate registration record

 

 

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1cards. In the event the holder becomes physically capable of
2resuming normal voting, he must surrender his voter's
3identification card for persons with disabilities or nursing
4home resident's identification card to the county clerk or
5board of election commissioners before the next election.
6    The holder of a voter's identification card for persons
7with disabilities or a nursing home resident's identification
8card may make application by mail for an official ballot within
9the time prescribed by Section 19-2. Such application shall
10contain the same information as is included in the form of
11application for ballot by a physically incapacitated elector
12prescribed in Section 19-3 except that it shall also include
13the applicant's voter's identification card for persons with
14disabilities card number and except that it need not be sworn
15to. If an examination of the records discloses that the
16applicant is lawfully entitled to vote, he shall be mailed a
17ballot as provided in Section 19-4. The ballot envelope shall
18be the same as that prescribed in Section 19-5 for voters with
19physical disabilities, and the manner of voting and returning
20the ballot shall be the same as that provided in this Article
21for other vote by mail ballots, except that a statement to be
22subscribed to by the voter but which need not be sworn to shall
23be placed on the ballot envelope in lieu of the affidavit
24prescribed by Section 19-5.
25    Any person who knowingly subscribes to a false statement in
26connection with voting under this Section shall be guilty of a

 

 

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1Class A misdemeanor.
2    For the purposes of this Section, "nursing home resident"
3includes a resident of (i) a federally operated veterans' home,
4hospital, or facility located in Illinois or (ii) a facility
5licensed under the ID/DD Community Care Act, the MC/DD Act, or
6the Specialized Mental Health Rehabilitation Act of 2013. For
7the purposes of this Section, "federally operated veterans'
8home, hospital, or facility" means the long-term care
9facilities at the Jesse Brown VA Medical Center, Illiana Health
10Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
11Center, and Captain James A. Lovell Federal Health Care Center.
12(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
1399-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff.
141-1-17; 99-642, eff. 6-28-16.)
 
15    (10 ILCS 5/19-13)  (from Ch. 46, par. 19-13)
16    Sec. 19-13. Any qualified voter who has been admitted to a
17hospital, nursing home, or rehabilitation center due to an
18illness or physical injury not more than 14 days before an
19election shall be entitled to personal delivery of a vote by
20mail ballot in the hospital, nursing home, or rehabilitation
21center subject to the following conditions:
22    (1) The voter completes the Application for Physically
23Incapacitated Elector as provided in Section 19-3, stating as
24reasons therein that he is a patient in ............... (name
25of hospital/home/center), ............... located at,

 

 

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1............... (address of hospital/home/center),
2............... (county, city/village), was admitted for
3............... (nature of illness or physical injury), on
4............... (date of admission), and does not expect to be
5released from the hospital/home/center on or before the day of
6election or, if released, is expected to be homebound on the
7day of the election and unable to travel to the polling place.
8    (2) The voter's physician, advanced practice registered
9nurse, or physician assistant completes a Certificate of
10Attending Health Care Professional in a form substantially as
11follows:
12
CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL
13    I state that I am a physician, advanced practice registered
14nurse, or physician assistant, duly licensed to practice in the
15State of .........; that .......... is a patient in ..........
16(name of hospital/home/center), located at .............
17(address of hospital/home/center), ................. (county,
18city/village); that such individual was admitted for
19............. (nature of illness or physical injury), on
20............ (date of admission); and that I have examined such
21individual in the State in which I am licensed to practice and
22do not expect such individual to be released from the
23hospital/home/center on or before the day of election or, if
24released, to be able to travel to the polling place on election
25day.
26    Under penalties as provided by law pursuant to Section

 

 

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129-10 of The Election Code, the undersigned certifies that the
2statements set forth in this certification are true and
3correct.
4
(Signature) ...............
5
(Date licensed) ............
6    (3) Any person who is registered to vote in the same
7precinct as the admitted voter or any legal relative of the
8admitted voter may present such voter's vote by mail ballot
9application, completed as prescribed in paragraph 1,
10accompanied by the physician's, advanced practice registered
11nurse's, or a physician assistant's certificate, completed as
12prescribed in paragraph 2, to the election authority. Such
13precinct voter or relative shall execute and sign an affidavit
14furnished by the election authority attesting that he is a
15registered voter in the same precinct as the admitted voter or
16that he is a legal relative of the admitted voter and stating
17the nature of the relationship. Such precinct voter or relative
18shall further attest that he has been authorized by the
19admitted voter to obtain his or her vote by mail ballot from
20the election authority and deliver such ballot to him in the
21hospital, home, or center.
22    Upon receipt of the admitted voter's application,
23physician's, advanced practice registered nurse's, or a
24physician assistant's certificate, and the affidavit of the
25precinct voter or the relative, the election authority shall
26examine the registration records to determine if the applicant

 

 

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1is qualified to vote and, if found to be qualified, shall
2provide the precinct voter or the relative the vote by mail
3ballot for delivery to the applicant.
4    Upon receipt of the vote by mail ballot, the admitted voter
5shall mark the ballot in secret and subscribe to the
6certifications on the vote by mail ballot return envelope.
7After depositing the ballot in the return envelope and securely
8sealing the envelope, such voter shall give the envelope to the
9precinct voter or the relative who shall deliver it to the
10election authority in sufficient time for the ballot to be
11delivered by the election authority to the election authority's
12central ballot counting location before 7 p.m. on election day.
13    Upon receipt of the admitted voter's vote by mail ballot,
14the ballot shall be counted in the manner prescribed in this
15Article.
16(Source: P.A. 98-1171, eff. 6-1-15; 99-581, eff. 1-1-17.)
 
17    Section 20. The Illinois Identification Card Act is amended
18by changing Section 4 as follows:
 
19    (15 ILCS 335/4)  (from Ch. 124, par. 24)
20    (Text of Section before amendment by P.A. 99-907)
21    Sec. 4. Identification card.
22    (a) The Secretary of State shall issue a standard Illinois
23Identification Card to any natural person who is a resident of
24the State of Illinois who applies for such card, or renewal

 

 

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1thereof, or who applies for a standard Illinois Identification
2Card upon release as a committed person on parole, mandatory
3supervised release, aftercare release, final discharge, or
4pardon from the Department of Corrections or Department of
5Juvenile Justice by submitting an identification card issued by
6the Department of Corrections or Department of Juvenile Justice
7under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
8Corrections, together with the prescribed fees. No
9identification card shall be issued to any person who holds a
10valid foreign state identification card, license, or permit
11unless the person first surrenders to the Secretary of State
12the valid foreign state identification card, license, or
13permit. The card shall be prepared and supplied by the
14Secretary of State and shall include a photograph and signature
15or mark of the applicant. However, the Secretary of State may
16provide by rule for the issuance of Illinois Identification
17Cards without photographs if the applicant has a bona fide
18religious objection to being photographed or to the display of
19his or her photograph. The Illinois Identification Card may be
20used for identification purposes in any lawful situation only
21by the person to whom it was issued. As used in this Act,
22"photograph" means any color photograph or digitally produced
23and captured image of an applicant for an identification card.
24As used in this Act, "signature" means the name of a person as
25written by that person and captured in a manner acceptable to
26the Secretary of State.

 

 

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

 

 

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1process, and fee for an expedited Illinois Identification Card.
2If the Secretary of State determines that the volume of
3expedited identification card requests received on a given day
4exceeds the ability of the Secretary to process those requests
5in an expedited manner, the Secretary may decline to provide
6expedited services, and the additional fee for the expedited
7service shall be refunded to the applicant.
8    (b) The Secretary of State shall issue a special Illinois
9Identification Card, which shall be known as an Illinois Person
10with a Disability Identification Card, to any natural person
11who is a resident of the State of Illinois, who is a person
12with a disability as defined in Section 4A of this Act, who
13applies for such card, or renewal thereof. No Illinois Person
14with a Disability Identification Card shall be issued to any
15person who holds a valid foreign state identification card,
16license, or permit unless the person first surrenders to the
17Secretary of State the valid foreign state identification card,
18license, or permit. The Secretary of State shall charge no fee
19to issue such card. The card shall be prepared and supplied by
20the Secretary of State, and shall include a photograph and
21signature or mark of the applicant, a designation indicating
22that the card is an Illinois Person with a Disability
23Identification Card, and shall include a comprehensible
24designation of the type and classification of the applicant's
25disability as set out in Section 4A of this Act. However, the
26Secretary of State may provide by rule for the issuance of

 

 

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1Illinois Person with a Disability Identification Cards without
2photographs if the applicant has a bona fide religious
3objection to being photographed or to the display of his or her
4photograph. If the applicant so requests, the card shall
5include a description of the applicant's disability and any
6information about the applicant's disability or medical
7history which the Secretary determines would be helpful to the
8applicant in securing emergency medical care. If a mark is used
9in lieu of a signature, such mark shall be affixed to the card
10in the presence of two witnesses who attest to the authenticity
11of the mark. The Illinois Person with a Disability
12Identification Card may be used for identification purposes in
13any lawful situation by the person to whom it was issued.
14    The Illinois Person with a Disability Identification Card
15may be used as adequate documentation of disability in lieu of
16a physician's determination of disability, a determination of
17disability from a physician assistant, a determination of
18disability from an advanced practice registered nurse, or any
19other documentation of disability whenever any State law
20requires that a person with a disability provide such
21documentation of disability, however an Illinois Person with a
22Disability Identification Card shall not qualify the
23cardholder to participate in any program or to receive any
24benefit which is not available to all persons with like
25disabilities. Notwithstanding any other provisions of law, an
26Illinois Person with a Disability Identification Card, or

 

 

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1evidence that the Secretary of State has issued an Illinois
2Person with a Disability Identification Card, shall not be used
3by any person other than the person named on such card to prove
4that the person named on such card is a person with a
5disability or for any other purpose unless the card is used for
6the benefit of the person named on such card, and the person
7named on such card consents to such use at the time the card is
8so used.
9    An optometrist's determination of a visual disability
10under Section 4A of this Act is acceptable as documentation for
11the purpose of issuing an Illinois Person with a Disability
12Identification Card.
13    When medical information is contained on an Illinois Person
14with a Disability Identification Card, the Office of the
15Secretary of State shall not be liable for any actions taken
16based upon that medical information.
17    (c) The Secretary of State shall provide that each original
18or renewal Illinois Identification Card or Illinois Person with
19a Disability Identification Card issued to a person under the
20age of 21 shall be of a distinct nature from those Illinois
21Identification Cards or Illinois Person with a Disability
22Identification Cards issued to individuals 21 years of age or
23older. The color designated for Illinois Identification Cards
24or Illinois Person with a Disability Identification Cards for
25persons under the age of 21 shall be at the discretion of the
26Secretary of State.

 

 

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1    (c-1) Each original or renewal Illinois Identification
2Card or Illinois Person with a Disability Identification Card
3issued to a person under the age of 21 shall display the date
4upon which the person becomes 18 years of age and the date upon
5which the person becomes 21 years of age.
6    (c-3) The General Assembly recognizes the need to identify
7military veterans living in this State for the purpose of
8ensuring that they receive all of the services and benefits to
9which they are legally entitled, including healthcare,
10education assistance, and job placement. To assist the State in
11identifying these veterans and delivering these vital services
12and benefits, the Secretary of State is authorized to issue
13Illinois Identification Cards and Illinois Person with a
14Disability Identification Cards with the word "veteran"
15appearing on the face of the cards. This authorization is
16predicated on the unique status of veterans. The Secretary may
17not issue any other identification card which identifies an
18occupation, status, affiliation, hobby, or other unique
19characteristics of the identification card holder which is
20unrelated to the purpose of the identification card.
21    (c-5) Beginning on or before July 1, 2015, the Secretary of
22State shall designate a space on each original or renewal
23identification card where, at the request of the applicant, the
24word "veteran" shall be placed. The veteran designation shall
25be available to a person identified as a veteran under
26subsection (b) of Section 5 of this Act who was discharged or

 

 

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1separated under honorable conditions.
2    (d) The Secretary of State may issue a Senior Citizen
3discount card, to any natural person who is a resident of the
4State of Illinois who is 60 years of age or older and who
5applies for such a card or renewal thereof. The Secretary of
6State shall charge no fee to issue such card. The card shall be
7issued in every county and applications shall be made available
8at, but not limited to, nutrition sites, senior citizen centers
9and Area Agencies on Aging. The applicant, upon receipt of such
10card and prior to its use for any purpose, shall have affixed
11thereon in the space provided therefor his signature or mark.
12    (e) The Secretary of State, in his or her discretion, may
13designate on each Illinois Identification Card or Illinois
14Person with a Disability Identification Card a space where the
15card holder may place a sticker or decal, issued by the
16Secretary of State, of uniform size as the Secretary may
17specify, that shall indicate in appropriate language that the
18card holder has renewed his or her Illinois Identification Card
19or Illinois Person with a Disability Identification Card.
20(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
2198-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
227-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
23eff. 7-28-16.)
 
24    (Text of Section after amendment by P.A. 99-907)
25    Sec. 4. Identification Card.

 

 

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1    (a) The Secretary of State shall issue a standard Illinois
2Identification Card to any natural person who is a resident of
3the State of Illinois who applies for such card, or renewal
4thereof. No identification card shall be issued to any person
5who holds a valid foreign state identification card, license,
6or permit unless the person first surrenders to the Secretary
7of State the valid foreign state identification card, license,
8or permit. The card shall be prepared and supplied by the
9Secretary of State and shall include a photograph and signature
10or mark of the applicant. However, the Secretary of State may
11provide by rule for the issuance of Illinois Identification
12Cards without photographs if the applicant has a bona fide
13religious objection to being photographed or to the display of
14his or her photograph. The Illinois Identification Card may be
15used for identification purposes in any lawful situation only
16by the person to whom it was issued. As used in this Act,
17"photograph" means any color photograph or digitally produced
18and captured image of an applicant for an identification card.
19As used in this Act, "signature" means the name of a person as
20written by that person and captured in a manner acceptable to
21the Secretary of State.
22    (a-5) If an applicant for an identification card has a
23current driver's license or instruction permit issued by the
24Secretary of State, the Secretary may require the applicant to
25utilize the same residence address and name on the
26identification card, driver's license, and instruction permit

 

 

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

 

 

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1expedited services, and the additional fee for the expedited
2service shall be refunded to the applicant.
3    (a-20) The Secretary of State shall issue a standard
4Illinois Identification Card to a committed person upon release
5on parole, mandatory supervised release, aftercare release,
6final discharge, or pardon from the Department of Corrections
7or Department of Juvenile Justice, if the released person
8presents a certified copy of his or her birth certificate,
9social security card or other documents authorized by the
10Secretary, and 2 documents proving his or her Illinois
11residence address. Documents proving residence address may
12include any official document of the Department of Corrections
13or the Department of Juvenile Justice showing the released
14person's address after release and a Secretary of State
15prescribed certificate of residency form, which may be executed
16by Department of Corrections or Department of Juvenile Justice
17personnel.
18    (a-25) The Secretary of State shall issue a limited-term
19Illinois Identification Card valid for 90 days to a committed
20person upon release on parole, mandatory supervised release,
21aftercare release, final discharge, or pardon from the
22Department of Corrections or Department of Juvenile Justice, if
23the released person is unable to present a certified copy of
24his or her birth certificate and social security card or other
25documents authorized by the Secretary, but does present a
26Secretary of State prescribed verification form completed by

 

 

HB3472- 22 -LRB100 05726 SMS 15748 b

1the Department of Corrections or Department of Juvenile
2Justice, verifying the released person's date of birth and
3social security number and 2 documents proving his or her
4Illinois residence address. The verification form must have
5been completed no more than 30 days prior to the date of
6application for the Illinois Identification Card. Documents
7proving residence address shall include any official document
8of the Department of Corrections or the Department of Juvenile
9Justice showing the person's address after release and a
10Secretary of State prescribed certificate of residency, which
11may be executed by Department of Corrections or Department of
12Juvenile Justice personnel.
13    Prior to the expiration of the 90-day period of the
14limited-term Illinois Identification Card, if the released
15person submits to the Secretary of State a certified copy of
16his or her birth certificate and his or her social security
17card or other documents authorized by the Secretary, a standard
18Illinois Identification Card shall be issued. A limited-term
19Illinois Identification Card may not be renewed.
20    (b) The Secretary of State shall issue a special Illinois
21Identification Card, which shall be known as an Illinois Person
22with a Disability Identification Card, to any natural person
23who is a resident of the State of Illinois, who is a person
24with a disability as defined in Section 4A of this Act, who
25applies for such card, or renewal thereof. No Illinois Person
26with a Disability Identification Card shall be issued to any

 

 

HB3472- 23 -LRB100 05726 SMS 15748 b

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

 

 

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

 

 

HB3472- 25 -LRB100 05726 SMS 15748 b

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

 

 

HB3472- 26 -LRB100 05726 SMS 15748 b

1appearing on the face of the cards. This authorization is
2predicated on the unique status of veterans. The Secretary may
3not issue any other identification card which identifies an
4occupation, status, affiliation, hobby, or other unique
5characteristics of the identification card holder which is
6unrelated to the purpose of the identification card.
7    (c-5) Beginning on or before July 1, 2015, the Secretary of
8State shall designate a space on each original or renewal
9identification card where, at the request of the applicant, the
10word "veteran" shall be placed. The veteran designation shall
11be available to a person identified as a veteran under
12subsection (b) of Section 5 of this Act who was discharged or
13separated under honorable conditions.
14    (d) The Secretary of State may issue a Senior Citizen
15discount card, to any natural person who is a resident of the
16State of Illinois who is 60 years of age or older and who
17applies for such a card or renewal thereof. The Secretary of
18State shall charge no fee to issue such card. The card shall be
19issued in every county and applications shall be made available
20at, but not limited to, nutrition sites, senior citizen centers
21and Area Agencies on Aging. The applicant, upon receipt of such
22card and prior to its use for any purpose, shall have affixed
23thereon in the space provided therefor his signature or mark.
24    (e) The Secretary of State, in his or her discretion, may
25designate on each Illinois Identification Card or Illinois
26Person with a Disability Identification Card a space where the

 

 

HB3472- 27 -LRB100 05726 SMS 15748 b

1card holder may place a sticker or decal, issued by the
2Secretary of State, of uniform size as the Secretary may
3specify, that shall indicate in appropriate language that the
4card holder has renewed his or her Illinois Identification Card
5or Illinois Person with a Disability Identification Card.
6(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
798-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
87-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
9eff. 7-28-16; 99-907, eff. 7-1-17.)
 
10    Section 25. The Alcoholism and Other Drug Abuse and
11Dependency Act is amended by changing Section 5-23 as follows:
 
12    (20 ILCS 301/5-23)
13    Sec. 5-23. Drug Overdose Prevention Program.
14    (a) Reports of drug overdose.
15        (1) The Director of the Division of Alcoholism and
16    Substance Abuse shall publish annually a report on drug
17    overdose trends statewide that reviews State death rates
18    from available data to ascertain changes in the causes or
19    rates of fatal and nonfatal drug overdose. The report shall
20    also provide information on interventions that would be
21    effective in reducing the rate of fatal or nonfatal drug
22    overdose and shall include an analysis of drug overdose
23    information reported to the Department of Public Health
24    pursuant to subsection (e) of Section 3-3013 of the

 

 

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1    Counties Code, Section 6.14g of the Hospital Licensing Act,
2    and subsection (j) of Section 22-30 of the School Code.
3        (2) The report may include:
4            (A) Trends in drug overdose death rates.
5            (B) Trends in emergency room utilization related
6        to drug overdose and the cost impact of emergency room
7        utilization.
8            (C) Trends in utilization of pre-hospital and
9        emergency services and the cost impact of emergency
10        services utilization.
11            (D) Suggested improvements in data collection.
12            (E) A description of other interventions effective
13        in reducing the rate of fatal or nonfatal drug
14        overdose.
15            (F) A description of efforts undertaken to educate
16        the public about unused medication and about how to
17        properly dispose of unused medication, including the
18        number of registered collection receptacles in this
19        State, mail-back programs, and drug take-back events.
20    (b) Programs; drug overdose prevention.
21        (1) The Director may establish a program to provide for
22    the production and publication, in electronic and other
23    formats, of drug overdose prevention, recognition, and
24    response literature. The Director may develop and
25    disseminate curricula for use by professionals,
26    organizations, individuals, or committees interested in

 

 

HB3472- 29 -LRB100 05726 SMS 15748 b

1    the prevention of fatal and nonfatal drug overdose,
2    including, but not limited to, drug users, jail and prison
3    personnel, jail and prison inmates, drug treatment
4    professionals, emergency medical personnel, hospital
5    staff, families and associates of drug users, peace
6    officers, firefighters, public safety officers, needle
7    exchange program staff, and other persons. In addition to
8    information regarding drug overdose prevention,
9    recognition, and response, literature produced by the
10    Department shall stress that drug use remains illegal and
11    highly dangerous and that complete abstinence from illegal
12    drug use is the healthiest choice. The literature shall
13    provide information and resources for substance abuse
14    treatment.
15        The Director may establish or authorize programs for
16    prescribing, dispensing, or distributing opioid
17    antagonists for the treatment of drug overdose. Such
18    programs may include the prescribing of opioid antagonists
19    for the treatment of drug overdose to a person who is not
20    at risk of opioid overdose but who, in the judgment of the
21    health care professional, may be in a position to assist
22    another individual during an opioid-related drug overdose
23    and who has received basic instruction on how to administer
24    an opioid antagonist.
25        (2) The Director may provide advice to State and local
26    officials on the growing drug overdose crisis, including

 

 

HB3472- 30 -LRB100 05726 SMS 15748 b

1    the prevalence of drug overdose incidents, programs
2    promoting the disposal of unused prescription drugs,
3    trends in drug overdose incidents, and solutions to the
4    drug overdose crisis.
5    (c) Grants.
6        (1) The Director may award grants, in accordance with
7    this subsection, to create or support local drug overdose
8    prevention, recognition, and response projects. Local
9    health departments, correctional institutions, hospitals,
10    universities, community-based organizations, and
11    faith-based organizations may apply to the Department for a
12    grant under this subsection at the time and in the manner
13    the Director prescribes.
14        (2) In awarding grants, the Director shall consider the
15    necessity for overdose prevention projects in various
16    settings and shall encourage all grant applicants to
17    develop interventions that will be effective and viable in
18    their local areas.
19        (3) The Director shall give preference for grants to
20    proposals that, in addition to providing life-saving
21    interventions and responses, provide information to drug
22    users on how to access drug treatment or other strategies
23    for abstaining from illegal drugs. The Director shall give
24    preference to proposals that include one or more of the
25    following elements:
26            (A) Policies and projects to encourage persons,

 

 

HB3472- 31 -LRB100 05726 SMS 15748 b

1        including drug users, to call 911 when they witness a
2        potentially fatal drug overdose.
3            (B) Drug overdose prevention, recognition, and
4        response education projects in drug treatment centers,
5        outreach programs, and other organizations that work
6        with, or have access to, drug users and their families
7        and communities.
8            (C) Drug overdose recognition and response
9        training, including rescue breathing, in drug
10        treatment centers and for other organizations that
11        work with, or have access to, drug users and their
12        families and communities.
13            (D) The production and distribution of targeted or
14        mass media materials on drug overdose prevention and
15        response, the potential dangers of keeping unused
16        prescription drugs in the home, and methods to properly
17        dispose of unused prescription drugs.
18            (E) Prescription and distribution of opioid
19        antagonists.
20            (F) The institution of education and training
21        projects on drug overdose response and treatment for
22        emergency services and law enforcement personnel.
23            (G) A system of parent, family, and survivor
24        education and mutual support groups.
25        (4) In addition to moneys appropriated by the General
26    Assembly, the Director may seek grants from private

 

 

HB3472- 32 -LRB100 05726 SMS 15748 b

1    foundations, the federal government, and other sources to
2    fund the grants under this Section and to fund an
3    evaluation of the programs supported by the grants.
4    (d) Health care professional prescription of opioid
5antagonists.
6        (1) A health care professional who, acting in good
7    faith, directly or by standing order, prescribes or
8    dispenses an opioid antagonist to: (a) a patient who, in
9    the judgment of the health care professional, is capable of
10    administering the drug in an emergency, or (b) a person who
11    is not at risk of opioid overdose but who, in the judgment
12    of the health care professional, may be in a position to
13    assist another individual during an opioid-related drug
14    overdose and who has received basic instruction on how to
15    administer an opioid antagonist shall not, as a result of
16    his or her acts or omissions, be subject to: (i) any
17    disciplinary or other adverse action under the Medical
18    Practice Act of 1987, the Physician Assistant Practice Act
19    of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
20    or any other professional licensing statute or (ii) any
21    criminal liability, except for willful and wanton
22    misconduct.
23        (2) A person who is not otherwise licensed to
24    administer an opioid antagonist may in an emergency
25    administer without fee an opioid antagonist if the person
26    has received the patient information specified in

 

 

HB3472- 33 -LRB100 05726 SMS 15748 b

1    paragraph (4) of this subsection and believes in good faith
2    that another person is experiencing a drug overdose. The
3    person shall not, as a result of his or her acts or
4    omissions, be (i) liable for any violation of the Medical
5    Practice Act of 1987, the Physician Assistant Practice Act
6    of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
7    or any other professional licensing statute, or (ii)
8    subject to any criminal prosecution or civil liability,
9    except for willful and wanton misconduct.
10        (3) A health care professional prescribing an opioid
11    antagonist to a patient shall ensure that the patient
12    receives the patient information specified in paragraph
13    (4) of this subsection. Patient information may be provided
14    by the health care professional or a community-based
15    organization, substance abuse program, or other
16    organization with which the health care professional
17    establishes a written agreement that includes a
18    description of how the organization will provide patient
19    information, how employees or volunteers providing
20    information will be trained, and standards for documenting
21    the provision of patient information to patients.
22    Provision of patient information shall be documented in the
23    patient's medical record or through similar means as
24    determined by agreement between the health care
25    professional and the organization. The Director of the
26    Division of Alcoholism and Substance Abuse, in

 

 

HB3472- 34 -LRB100 05726 SMS 15748 b

1    consultation with statewide organizations representing
2    physicians, pharmacists, advanced practice registered
3    nurses, physician assistants, substance abuse programs,
4    and other interested groups, shall develop and disseminate
5    to health care professionals, community-based
6    organizations, substance abuse programs, and other
7    organizations training materials in video, electronic, or
8    other formats to facilitate the provision of such patient
9    information.
10        (4) For the purposes of this subsection:
11        "Opioid antagonist" means a drug that binds to opioid
12    receptors and blocks or inhibits the effect of opioids
13    acting on those receptors, including, but not limited to,
14    naloxone hydrochloride or any other similarly acting drug
15    approved by the U.S. Food and Drug Administration.
16        "Health care professional" means a physician licensed
17    to practice medicine in all its branches, a licensed
18    physician assistant with prescriptive authority, a
19    licensed advanced practice registered nurse with
20    prescriptive authority, an advanced practice registered
21    nurse or physician assistant who practices in a hospital,
22    hospital affiliate, or ambulatory surgical treatment
23    center and possesses appropriate clinical privileges in
24    accordance with the Nurse Practice Act, or a pharmacist
25    licensed to practice pharmacy under the Pharmacy Practice
26    Act.

 

 

HB3472- 35 -LRB100 05726 SMS 15748 b

1        "Patient" includes a person who is not at risk of
2    opioid overdose but who, in the judgment of the physician,
3    advanced practice registered nurse, or physician
4    assistant, may be in a position to assist another
5    individual during an overdose and who has received patient
6    information as required in paragraph (2) of this subsection
7    on the indications for and administration of an opioid
8    antagonist.
9        "Patient information" includes information provided to
10    the patient on drug overdose prevention and recognition;
11    how to perform rescue breathing and resuscitation; opioid
12    antagonist dosage and administration; the importance of
13    calling 911; care for the overdose victim after
14    administration of the overdose antagonist; and other
15    issues as necessary.
16    (e) Drug overdose response policy.
17        (1) Every State and local government agency that
18    employs a law enforcement officer or fireman as those terms
19    are defined in the Line of Duty Compensation Act must
20    possess opioid antagonists and must establish a policy to
21    control the acquisition, storage, transportation, and
22    administration of such opioid antagonists and to provide
23    training in the administration of opioid antagonists. A
24    State or local government agency that employs a fireman as
25    defined in the Line of Duty Compensation Act but does not
26    respond to emergency medical calls or provide medical

 

 

HB3472- 36 -LRB100 05726 SMS 15748 b

1    services shall be exempt from this subsection.
2        (2) Every publicly or privately owned ambulance,
3    special emergency medical services vehicle, non-transport
4    vehicle, or ambulance assist vehicle, as described in the
5    Emergency Medical Services (EMS) Systems Act, which
6    responds to requests for emergency services or transports
7    patients between hospitals in emergency situations must
8    possess opioid antagonists.
9        (3) Entities that are required under paragraphs (1) and
10    (2) to possess opioid antagonists may also apply to the
11    Department for a grant to fund the acquisition of opioid
12    antagonists and training programs on the administration of
13    opioid antagonists.
14(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
1599-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)
 
16    Section 30. The Department of Central Management Services
17Law of the Civil Administrative Code of Illinois is amended by
18changing Section 405-105 as follows:
 
19    (20 ILCS 405/405-105)  (was 20 ILCS 405/64.1)
20    Sec. 405-105. Fidelity, surety, property, and casualty
21insurance. The Department shall establish and implement a
22program to coordinate the handling of all fidelity, surety,
23property, and casualty insurance exposures of the State and the
24departments, divisions, agencies, branches, and universities

 

 

HB3472- 37 -LRB100 05726 SMS 15748 b

1of the State. In performing this responsibility, the Department
2shall have the power and duty to do the following:
3        (1) Develop and maintain loss and exposure data on all
4    State property.
5        (2) Study the feasibility of establishing a
6    self-insurance plan for State property and prepare
7    estimates of the costs of reinsurance for risks beyond the
8    realistic limits of the self-insurance.
9        (3) Prepare a plan for centralizing the purchase of
10    property and casualty insurance on State property under a
11    master policy or policies and purchase the insurance
12    contracted for as provided in the Illinois Purchasing Act.
13        (4) Evaluate existing provisions for fidelity bonds
14    required of State employees and recommend changes that are
15    appropriate commensurate with risk experience and the
16    determinations respecting self-insurance or reinsurance so
17    as to permit reduction of costs without loss of coverage.
18        (5) Investigate procedures for inclusion of school
19    districts, public community college districts, and other
20    units of local government in programs for the centralized
21    purchase of insurance.
22        (6) Implement recommendations of the State Property
23    Insurance Study Commission that the Department finds
24    necessary or desirable in the performance of its powers and
25    duties under this Section to achieve efficient and
26    comprehensive risk management.

 

 

HB3472- 38 -LRB100 05726 SMS 15748 b

1        (7) Prepare and, in the discretion of the Director,
2    implement a plan providing for the purchase of public
3    liability insurance or for self-insurance for public
4    liability or for a combination of purchased insurance and
5    self-insurance for public liability (i) covering the State
6    and drivers of motor vehicles owned, leased, or controlled
7    by the State of Illinois pursuant to the provisions and
8    limitations contained in the Illinois Vehicle Code, (ii)
9    covering other public liability exposures of the State and
10    its employees within the scope of their employment, and
11    (iii) covering drivers of motor vehicles not owned, leased,
12    or controlled by the State but used by a State employee on
13    State business, in excess of liability covered by an
14    insurance policy obtained by the owner of the motor vehicle
15    or in excess of the dollar amounts that the Department
16    shall determine to be reasonable. Any contract of insurance
17    let under this Law shall be by bid in accordance with the
18    procedure set forth in the Illinois Purchasing Act. Any
19    provisions for self-insurance shall conform to subdivision
20    (11).
21        The term "employee" as used in this subdivision (7) and
22    in subdivision (11) means a person while in the employ of
23    the State who is a member of the staff or personnel of a
24    State agency, bureau, board, commission, committee,
25    department, university, or college or who is a State
26    officer, elected official, commissioner, member of or ex

 

 

HB3472- 39 -LRB100 05726 SMS 15748 b

1    officio member of a State agency, bureau, board,
2    commission, committee, department, university, or college,
3    or a member of the National Guard while on active duty
4    pursuant to orders of the Governor of the State of
5    Illinois, or any other person while using a licensed motor
6    vehicle owned, leased, or controlled by the State of
7    Illinois with the authorization of the State of Illinois,
8    provided the actual use of the motor vehicle is within the
9    scope of that authorization and within the course of State
10    service.
11        Subsequent to payment of a claim on behalf of an
12    employee pursuant to this Section and after reasonable
13    advance written notice to the employee, the Director may
14    exclude the employee from future coverage or limit the
15    coverage under the plan if (i) the Director determines that
16    the claim resulted from an incident in which the employee
17    was grossly negligent or had engaged in willful and wanton
18    misconduct or (ii) the Director determines that the
19    employee is no longer an acceptable risk based on a review
20    of prior accidents in which the employee was at fault and
21    for which payments were made pursuant to this Section.
22        The Director is authorized to promulgate
23    administrative rules that may be necessary to establish and
24    administer the plan.
25        Appropriations from the Road Fund shall be used to pay
26    auto liability claims and related expenses involving

 

 

HB3472- 40 -LRB100 05726 SMS 15748 b

1    employees of the Department of Transportation, the
2    Illinois State Police, and the Secretary of State.
3        (8) Charge, collect, and receive from all other
4    agencies of the State government fees or monies equivalent
5    to the cost of purchasing the insurance.
6        (9) Establish, through the Director, charges for risk
7    management services rendered to State agencies by the
8    Department. The State agencies so charged shall reimburse
9    the Department by vouchers drawn against their respective
10    appropriations. The reimbursement shall be determined by
11    the Director as amounts sufficient to reimburse the
12    Department for expenditures incurred in rendering the
13    service.
14        The Department shall charge the employing State agency
15    or university for workers' compensation payments for
16    temporary total disability paid to any employee after the
17    employee has received temporary total disability payments
18    for 120 days if the employee's treating physician, advanced
19    practice registered nurse, or physician assistant has
20    issued a release to return to work with restrictions and
21    the employee is able to perform modified duty work but the
22    employing State agency or university does not return the
23    employee to work at modified duty. Modified duty shall be
24    duties assigned that may or may not be delineated as part
25    of the duties regularly performed by the employee. Modified
26    duties shall be assigned within the prescribed

 

 

HB3472- 41 -LRB100 05726 SMS 15748 b

1    restrictions established by the treating physician and the
2    physician who performed the independent medical
3    examination. The amount of all reimbursements shall be
4    deposited into the Workers' Compensation Revolving Fund
5    which is hereby created as a revolving fund in the State
6    treasury. In addition to any other purpose authorized by
7    law, moneys in the Fund shall be used, subject to
8    appropriation, to pay these or other temporary total
9    disability claims of employees of State agencies and
10    universities.
11        Beginning with fiscal year 1996, all amounts recovered
12    by the Department through subrogation in workers'
13    compensation and workers' occupational disease cases shall
14    be deposited into the Workers' Compensation Revolving Fund
15    created under this subdivision (9).
16        (10) Establish rules, procedures, and forms to be used
17    by State agencies in the administration and payment of
18    workers' compensation claims. For claims filed prior to
19    July 1, 2013, the Department shall initially evaluate and
20    determine the compensability of any injury that is the
21    subject of a workers' compensation claim and provide for
22    the administration and payment of such a claim for all
23    State agencies. For claims filed on or after July 1, 2013,
24    the Department shall retain responsibility for certain
25    administrative payments including, but not limited to,
26    payments to the private vendor contracted to perform

 

 

HB3472- 42 -LRB100 05726 SMS 15748 b

1    services under subdivision (10b) of this Section, payments
2    related to travel expenses for employees of the Office of
3    the Attorney General, and payments to internal Department
4    staff responsible for the oversight and management of any
5    contract awarded pursuant to subdivision (10b) of this
6    Section. Through December 31, 2012, the Director may
7    delegate to any agency with the agreement of the agency
8    head the responsibility for evaluation, administration,
9    and payment of that agency's claims. Neither the Department
10    nor the private vendor contracted to perform services under
11    subdivision (10b) of this Section shall be responsible for
12    providing workers' compensation services to the Illinois
13    State Toll Highway Authority or to State universities that
14    maintain self-funded workers' compensation liability
15    programs.
16        (10a) By April 1 of each year prior to calendar year
17    2013, the Director must report and provide information to
18    the State Workers' Compensation Program Advisory Board
19    concerning the status of the State workers' compensation
20    program for the next fiscal year. Information that the
21    Director must provide to the State Workers' Compensation
22    Program Advisory Board includes, but is not limited to,
23    documents, reports of negotiations, bid invitations,
24    requests for proposals, specifications, copies of proposed
25    and final contracts or agreements, and any other materials
26    concerning contracts or agreements for the program. By the

 

 

HB3472- 43 -LRB100 05726 SMS 15748 b

1    first of each month prior to calendar year 2013, the
2    Director must provide updated, and any new, information to
3    the State Workers' Compensation Program Advisory Board
4    until the State workers' compensation program for the next
5    fiscal year is determined.
6        (10b) No later than January 1, 2013, the chief
7    procurement officer appointed under paragraph (4) of
8    subsection (a) of Section 10-20 of the Illinois Procurement
9    Code (hereinafter "chief procurement officer"), in
10    consultation with the Department of Central Management
11    Services, shall procure one or more private vendors to
12    administer the program providing payments for workers'
13    compensation liability with respect to the employees of all
14    State agencies. The chief procurement officer may procure a
15    single contract applicable to all State agencies or
16    multiple contracts applicable to one or more State
17    agencies. If the chief procurement officer procures a
18    single contract applicable to all State agencies, then the
19    Department of Central Management Services shall be
20    designated as the agency that enters into the contract and
21    shall be responsible for the contract. If the chief
22    procurement officer procures multiple contracts applicable
23    to one or more State agencies, each agency to which the
24    contract applies shall be designated as the agency that
25    shall enter into the contract and shall be responsible for
26    the contract. If the chief procurement officer procures

 

 

HB3472- 44 -LRB100 05726 SMS 15748 b

1    contracts applicable to an individual State agency, the
2    agency subject to the contract shall be designated as the
3    agency responsible for the contract.
4        (10c) The procurement of private vendors for the
5    administration of the workers' compensation program for
6    State employees is subject to the provisions of the
7    Illinois Procurement Code and administration by the chief
8    procurement officer.
9        (10d) Contracts for the procurement of private vendors
10    for the administration of the workers' compensation
11    program for State employees shall be based upon, but
12    limited to, the following criteria: (i) administrative
13    cost, (ii) service capabilities of the vendor, and (iii)
14    the compensation (including premiums, fees, or other
15    charges). A vendor for the administration of the workers'
16    compensation program for State employees shall provide
17    services, including, but not limited to:
18            (A) providing a web-based case management system
19        and provide access to the Office of the Attorney
20        General;
21            (B) ensuring claims adjusters are available to
22        provide testimony or information as requested by the
23        Office of the Attorney General;
24            (C) establishing a preferred provider program for
25        all State agencies and facilities; and
26            (D) authorizing the payment of medical bills at the

 

 

HB3472- 45 -LRB100 05726 SMS 15748 b

1        preferred provider discount rate.
2        (10e) By September 15, 2012, the Department of Central
3    Management Services shall prepare a plan to effectuate the
4    transfer of responsibility and administration of the
5    workers' compensation program for State employees to the
6    selected private vendors. The Department shall submit a
7    copy of the plan to the General Assembly.
8        (11) Any plan for public liability self-insurance
9    implemented under this Section shall provide that (i) the
10    Department shall attempt to settle and may settle any
11    public liability claim filed against the State of Illinois
12    or any public liability claim filed against a State
13    employee on the basis of an occurrence in the course of the
14    employee's State employment; (ii) any settlement of such a
15    claim is not subject to fiscal year limitations and must be
16    approved by the Director and, in cases of settlements
17    exceeding $100,000, by the Governor; and (iii) a settlement
18    of any public liability claim against the State or a State
19    employee shall require an unqualified release of any right
20    of action against the State and the employee for acts
21    within the scope of the employee's employment giving rise
22    to the claim.
23        Whenever and to the extent that a State employee
24    operates a motor vehicle or engages in other activity
25    covered by self-insurance under this Section, the State of
26    Illinois shall defend, indemnify, and hold harmless the

 

 

HB3472- 46 -LRB100 05726 SMS 15748 b

1    employee against any claim in tort filed against the
2    employee for acts or omissions within the scope of the
3    employee's employment in any proper judicial forum and not
4    settled pursuant to this subdivision (11), provided that
5    this obligation of the State of Illinois shall not exceed a
6    maximum liability of $2,000,000 for any single occurrence
7    in connection with the operation of a motor vehicle or
8    $100,000 per person per occurrence for any other single
9    occurrence, or $500,000 for any single occurrence in
10    connection with the provision of medical care by a licensed
11    physician, advanced practice registered nurse, or
12    physician assistant employee.
13        Any claims against the State of Illinois under a
14    self-insurance plan that are not settled pursuant to this
15    subdivision (11) shall be heard and determined by the Court
16    of Claims and may not be filed or adjudicated in any other
17    forum. The Attorney General of the State of Illinois or the
18    Attorney General's designee shall be the attorney with
19    respect to all public liability self-insurance claims that
20    are not settled pursuant to this subdivision (11) and
21    therefore result in litigation. The payment of any award of
22    the Court of Claims entered against the State relating to
23    any public liability self-insurance claim shall act as a
24    release against any State employee involved in the
25    occurrence.
26        (12) Administer a plan the purpose of which is to make

 

 

HB3472- 47 -LRB100 05726 SMS 15748 b

1    payments on final settlements or final judgments in
2    accordance with the State Employee Indemnification Act.
3    The plan shall be funded through appropriations from the
4    General Revenue Fund specifically designated for that
5    purpose, except that indemnification expenses for
6    employees of the Department of Transportation, the
7    Illinois State Police, and the Secretary of State shall be
8    paid from the Road Fund. The term "employee" as used in
9    this subdivision (12) has the same meaning as under
10    subsection (b) of Section 1 of the State Employee
11    Indemnification Act. Subject to sufficient appropriation,
12    the Director shall approve payment of any claim, without
13    regard to fiscal year limitations, presented to the
14    Director that is supported by a final settlement or final
15    judgment when the Attorney General and the chief officer of
16    the public body against whose employee the claim or cause
17    of action is asserted certify to the Director that the
18    claim is in accordance with the State Employee
19    Indemnification Act and that they approve of the payment.
20    In no event shall an amount in excess of $150,000 be paid
21    from this plan to or for the benefit of any claimant.
22        (13) Administer a plan the purpose of which is to make
23    payments on final settlements or final judgments for
24    employee wage claims in situations where there was an
25    appropriation relevant to the wage claim, the fiscal year
26    and lapse period have expired, and sufficient funds were

 

 

HB3472- 48 -LRB100 05726 SMS 15748 b

1    available to pay the claim. The plan shall be funded
2    through appropriations from the General Revenue Fund
3    specifically designated for that purpose.
4        Subject to sufficient appropriation, the Director is
5    authorized to pay any wage claim presented to the Director
6    that is supported by a final settlement or final judgment
7    when the chief officer of the State agency employing the
8    claimant certifies to the Director that the claim is a
9    valid wage claim and that the fiscal year and lapse period
10    have expired. Payment for claims that are properly
11    submitted and certified as valid by the Director shall
12    include interest accrued at the rate of 7% per annum from
13    the forty-fifth day after the claims are received by the
14    Department or 45 days from the date on which the amount of
15    payment is agreed upon, whichever is later, until the date
16    the claims are submitted to the Comptroller for payment.
17    When the Attorney General has filed an appearance in any
18    proceeding concerning a wage claim settlement or judgment,
19    the Attorney General shall certify to the Director that the
20    wage claim is valid before any payment is made. In no event
21    shall an amount in excess of $150,000 be paid from this
22    plan to or for the benefit of any claimant.
23        Nothing in Public Act 84-961 shall be construed to
24    affect in any manner the jurisdiction of the Court of
25    Claims concerning wage claims made against the State of
26    Illinois.

 

 

HB3472- 49 -LRB100 05726 SMS 15748 b

1        (14) Prepare and, in the discretion of the Director,
2    implement a program for self-insurance for official
3    fidelity and surety bonds for officers and employees as
4    authorized by the Official Bond Act.
5(Source: P.A. 99-581, eff. 1-1-17.)
 
6    Section 35. The Regional Integrated Behavioral Health
7Networks Act is amended by changing Section 20 as follows:
 
8    (20 ILCS 1340/20)
9    Sec. 20. Steering Committee and Networks.
10    (a) To achieve these goals, the Department of Human
11Services shall convene a Regional Integrated Behavioral Health
12Networks Steering Committee (hereinafter "Steering Committee")
13comprised of State agencies involved in the provision,
14regulation, or financing of health, mental health, substance
15abuse, rehabilitation, and other services. These include, but
16shall not be limited to, the following agencies:
17        (1) The Department of Healthcare and Family Services.
18        (2) The Department of Human Services and its Divisions
19    of Mental Illness and Alcoholism and Substance Abuse
20    Services.
21        (3) The Department of Public Health, including its
22    Center for Rural Health.
23    The Steering Committee shall include a representative from
24each Network. The agencies of the Steering Committee are

 

 

HB3472- 50 -LRB100 05726 SMS 15748 b

1directed to work collaboratively to provide consultation,
2advice, and leadership to the Networks in facilitating
3communication within and across multiple agencies and in
4removing regulatory barriers that may prevent Networks from
5accomplishing the goals. The Steering Committee collectively
6or through one of its member Agencies shall also provide
7technical assistance to the Networks.
8    (b) There also shall be convened Networks in each of the
9Department of Human Services' regions comprised of
10representatives of community stakeholders represented in the
11Network, including when available, but not limited to, relevant
12trade and professional associations representing hospitals,
13community providers, public health care, hospice care, long
14term care, law enforcement, emergency medical service,
15physicians, advanced practice registered nurses, and physician
16assistants trained in psychiatry; an organization that
17advocates on behalf of federally qualified health centers, an
18organization that advocates on behalf of persons suffering with
19mental illness and substance abuse disorders, an organization
20that advocates on behalf of persons with disabilities, an
21organization that advocates on behalf of persons who live in
22rural areas, an organization that advocates on behalf of
23persons who live in medically underserved areas; and others
24designated by the Steering Committee or the Networks. A member
25from each Network may choose a representative who may serve on
26the Steering Committee.

 

 

HB3472- 51 -LRB100 05726 SMS 15748 b

1(Source: P.A. 99-581, eff. 1-1-17.)
 
2    Section 40. The Mental Health and Developmental
3Disabilities Administrative Act is amended by changing
4Sections 5.1, 14, and 15.4 as follows:
 
5    (20 ILCS 1705/5.1)  (from Ch. 91 1/2, par. 100-5.1)
6    Sec. 5.1. The Department shall develop, by rule, the
7procedures and standards by which it shall approve medications
8for clinical use in its facilities. A list of those drugs
9approved pursuant to these procedures shall be distributed to
10all Department facilities.
11    Drugs not listed by the Department may not be administered
12in facilities under the jurisdiction of the Department,
13provided that an unlisted drug may be administered as part of
14research with the prior written consent of the Secretary
15specifying the nature of the permitted use and the physicians
16authorized to prescribe the drug. Drugs, as used in this
17Section, mean psychotropic and narcotic drugs.
18    No physician, advanced practice registered nurse, or
19physician assistant in the Department shall sign a prescription
20in blank, nor permit blank prescription forms to circulate out
21of his possession or control.
22(Source: P.A. 99-581, eff. 1-1-17.)
 
23    (20 ILCS 1705/14)  (from Ch. 91 1/2, par. 100-14)

 

 

HB3472- 52 -LRB100 05726 SMS 15748 b

1    Sec. 14. Chester Mental Health Center. To maintain and
2operate a facility for the care, custody, and treatment of
3persons with mental illness or habilitation of persons with
4developmental disabilities hereinafter designated, to be known
5as the Chester Mental Health Center.
6    Within the Chester Mental Health Center there shall be
7confined the following classes of persons, whose history, in
8the opinion of the Department, discloses dangerous or violent
9tendencies and who, upon examination under the direction of the
10Department, have been found a fit subject for confinement in
11that facility:
12        (a) Any male person who is charged with the commission
13    of a crime but has been acquitted by reason of insanity as
14    provided in Section 5-2-4 of the Unified Code of
15    Corrections.
16        (b) Any male person who is charged with the commission
17    of a crime but has been found unfit under Article 104 of
18    the Code of Criminal Procedure of 1963.
19        (c) Any male person with mental illness or
20    developmental disabilities or person in need of mental
21    treatment now confined under the supervision of the
22    Department or hereafter admitted to any facility thereof or
23    committed thereto by any court of competent jurisdiction.
24    If and when it shall appear to the facility director of the
25Chester Mental Health Center that it is necessary to confine
26persons in order to maintain security or provide for the

 

 

HB3472- 53 -LRB100 05726 SMS 15748 b

1protection and safety of recipients and staff, the Chester
2Mental Health Center may confine all persons on a unit to their
3rooms. This period of confinement shall not exceed 10 hours in
4a 24 hour period, including the recipient's scheduled hours of
5sleep, unless approved by the Secretary of the Department.
6During the period of confinement, the persons confined shall be
7observed at least every 15 minutes. A record shall be kept of
8the observations. This confinement shall not be considered
9seclusion as defined in the Mental Health and Developmental
10Disabilities Code.
11    The facility director of the Chester Mental Health Center
12may authorize the temporary use of handcuffs on a recipient for
13a period not to exceed 10 minutes when necessary in the course
14of transport of the recipient within the facility to maintain
15custody or security. Use of handcuffs is subject to the
16provisions of Section 2-108 of the Mental Health and
17Developmental Disabilities Code. The facility shall keep a
18monthly record listing each instance in which handcuffs are
19used, circumstances indicating the need for use of handcuffs,
20and time of application of handcuffs and time of release
21therefrom. The facility director shall allow the Illinois
22Guardianship and Advocacy Commission, the agency designated by
23the Governor under Section 1 of the Protection and Advocacy for
24Persons with Developmental Disabilities Act, and the
25Department to examine and copy such record upon request.
26    The facility director of the Chester Mental Health Center

 

 

HB3472- 54 -LRB100 05726 SMS 15748 b

1may authorize the temporary use of transport devices on a civil
2recipient when necessary in the course of transport of the
3civil recipient outside the facility to maintain custody or
4security. The decision whether to use any transport devices
5shall be reviewed and approved on an individualized basis by a
6physician, an advanced practice registered nurse, or a
7physician assistant based upon a determination of the civil
8recipient's: (1) history of violence, (2) history of violence
9during transports, (3) history of escapes and escape attempts,
10(4) history of trauma, (5) history of incidents of restraint or
11seclusion and use of involuntary medication, (6) current
12functioning level and medical status, and (7) prior experience
13during similar transports, and the length, duration, and
14purpose of the transport. The least restrictive transport
15device consistent with the individual's need shall be used.
16Staff transporting the individual shall be trained in the use
17of the transport devices, recognizing and responding to a
18person in distress, and shall observe and monitor the
19individual while being transported. The facility shall keep a
20monthly record listing all transports, including those
21transports for which use of transport devices was not sought,
22those for which use of transport devices was sought but denied,
23and each instance in which transport devices are used,
24circumstances indicating the need for use of transport devices,
25time of application of transport devices, time of release from
26those devices, and any adverse events. The facility director

 

 

HB3472- 55 -LRB100 05726 SMS 15748 b

1shall allow the Illinois Guardianship and Advocacy Commission,
2the agency designated by the Governor under Section 1 of the
3Protection and Advocacy for Persons with Developmental
4Disabilities Act, and the Department to examine and copy the
5record upon request. This use of transport devices shall not be
6considered restraint as defined in the Mental Health and
7Developmental Disabilities Code. For the purpose of this
8Section "transport device" means ankle cuffs, handcuffs, waist
9chains or wrist-waist devices designed to restrict an
10individual's range of motion while being transported. These
11devices must be approved by the Division of Mental Health, used
12in accordance with the manufacturer's instructions, and used
13only by qualified staff members who have completed all training
14required to be eligible to transport patients and all other
15required training relating to the safe use and application of
16transport devices, including recognizing and responding to
17signs of distress in an individual whose movement is being
18restricted by a transport device.
19    If and when it shall appear to the satisfaction of the
20Department that any person confined in the Chester Mental
21Health Center is not or has ceased to be such a source of
22danger to the public as to require his subjection to the
23regimen of the center, the Department is hereby authorized to
24transfer such person to any State facility for treatment of
25persons with mental illness or habilitation of persons with
26developmental disabilities, as the nature of the individual

 

 

HB3472- 56 -LRB100 05726 SMS 15748 b

1case may require.
2    Subject to the provisions of this Section, the Department,
3except where otherwise provided by law, shall, with respect to
4the management, conduct and control of the Chester Mental
5Health Center and the discipline, custody and treatment of the
6persons confined therein, have and exercise the same rights and
7powers as are vested by law in the Department with respect to
8any and all of the State facilities for treatment of persons
9with mental illness or habilitation of persons with
10developmental disabilities, and the recipients thereof, and
11shall be subject to the same duties as are imposed by law upon
12the Department with respect to such facilities and the
13recipients thereof.
14    The Department may elect to place persons who have been
15ordered by the court to be detained under the Sexually Violent
16Persons Commitment Act in a distinct portion of the Chester
17Mental Health Center. The persons so placed shall be separated
18and shall not comingle with the recipients of the Chester
19Mental Health Center. The portion of Chester Mental Health
20Center that is used for the persons detained under the Sexually
21Violent Persons Commitment Act shall not be a part of the
22mental health facility for the enforcement and implementation
23of the Mental Health and Developmental Disabilities Code nor
24shall their care and treatment be subject to the provisions of
25the Mental Health and Developmental Disabilities Code. The
26changes added to this Section by this amendatory Act of the

 

 

HB3472- 57 -LRB100 05726 SMS 15748 b

198th General Assembly are inoperative on and after June 30,
22015.
3(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13;
498-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-581, eff.
51-1-17.)
 
6    (20 ILCS 1705/15.4)
7    Sec. 15.4. Authorization for nursing delegation to permit
8direct care staff to administer medications.
9    (a) This Section applies to (i) all programs for persons
10with a developmental disability in settings of 16 persons or
11fewer that are funded or licensed by the Department of Human
12Services and that distribute or administer medications and (ii)
13all intermediate care facilities for persons with
14developmental disabilities with 16 beds or fewer that are
15licensed by the Department of Public Health. The Department of
16Human Services shall develop a training program for authorized
17direct care staff to administer medications under the
18supervision and monitoring of a registered professional nurse.
19This training program shall be developed in consultation with
20professional associations representing (i) physicians licensed
21to practice medicine in all its branches, (ii) registered
22professional nurses, and (iii) pharmacists.
23    (b) For the purposes of this Section:
24    "Authorized direct care staff" means non-licensed persons
25who have successfully completed a medication administration

 

 

HB3472- 58 -LRB100 05726 SMS 15748 b

1training program approved by the Department of Human Services
2and conducted by a nurse-trainer. This authorization is
3specific to an individual receiving service in a specific
4agency and does not transfer to another agency.
5    "Medications" means oral and topical medications, insulin
6in an injectable form, oxygen, epinephrine auto-injectors, and
7vaginal and rectal creams and suppositories. "Oral" includes
8inhalants and medications administered through enteral tubes,
9utilizing aseptic technique. "Topical" includes eye, ear, and
10nasal medications. Any controlled substances must be packaged
11specifically for an identified individual.
12    "Insulin in an injectable form" means a subcutaneous
13injection via an insulin pen pre-filled by the manufacturer.
14Authorized direct care staff may administer insulin, as ordered
15by a physician, advanced practice registered nurse, or
16physician assistant, if: (i) the staff has successfully
17completed a Department-approved advanced training program
18specific to insulin administration developed in consultation
19with professional associations listed in subsection (a) of this
20Section, and (ii) the staff consults with the registered nurse,
21prior to administration, of any insulin dose that is determined
22based on a blood glucose test result. The authorized direct
23care staff shall not: (i) calculate the insulin dosage needed
24when the dose is dependent upon a blood glucose test result, or
25(ii) administer insulin to individuals who require blood
26glucose monitoring greater than 3 times daily, unless directed

 

 

HB3472- 59 -LRB100 05726 SMS 15748 b

1to do so by the registered nurse.
2    "Nurse-trainer training program" means a standardized,
3competency-based medication administration train-the-trainer
4program provided by the Department of Human Services and
5conducted by a Department of Human Services master
6nurse-trainer for the purpose of training nurse-trainers to
7train persons employed or under contract to provide direct care
8or treatment to individuals receiving services to administer
9medications and provide self-administration of medication
10training to individuals under the supervision and monitoring of
11the nurse-trainer. The program incorporates adult learning
12styles, teaching strategies, classroom management, and a
13curriculum overview, including the ethical and legal aspects of
14supervising those administering medications.
15    "Self-administration of medications" means an individual
16administers his or her own medications. To be considered
17capable to self-administer their own medication, individuals
18must, at a minimum, be able to identify their medication by
19size, shape, or color, know when they should take the
20medication, and know the amount of medication to be taken each
21time.
22    "Training program" means a standardized medication
23administration training program approved by the Department of
24Human Services and conducted by a registered professional nurse
25for the purpose of training persons employed or under contract
26to provide direct care or treatment to individuals receiving

 

 

HB3472- 60 -LRB100 05726 SMS 15748 b

1services to administer medications and provide
2self-administration of medication training to individuals
3under the delegation and supervision of a nurse-trainer. The
4program incorporates adult learning styles, teaching
5strategies, classroom management, curriculum overview,
6including ethical-legal aspects, and standardized
7competency-based evaluations on administration of medications
8and self-administration of medication training programs.
9    (c) Training and authorization of non-licensed direct care
10staff by nurse-trainers must meet the requirements of this
11subsection.
12        (1) Prior to training non-licensed direct care staff to
13    administer medication, the nurse-trainer shall perform the
14    following for each individual to whom medication will be
15    administered by non-licensed direct care staff:
16            (A) An assessment of the individual's health
17        history and physical and mental status.
18            (B) An evaluation of the medications prescribed.
19        (2) Non-licensed authorized direct care staff shall
20    meet the following criteria:
21            (A) Be 18 years of age or older.
22            (B) Have completed high school or have a high
23        school equivalency certificate.
24            (C) Have demonstrated functional literacy.
25            (D) Have satisfactorily completed the Health and
26        Safety component of a Department of Human Services

 

 

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1        authorized direct care staff training program.
2            (E) Have successfully completed the training
3        program, pass the written portion of the comprehensive
4        exam, and score 100% on the competency-based
5        assessment specific to the individual and his or her
6        medications.
7            (F) Have received additional competency-based
8        assessment by the nurse-trainer as deemed necessary by
9        the nurse-trainer whenever a change of medication
10        occurs or a new individual that requires medication
11        administration enters the program.
12        (3) Authorized direct care staff shall be re-evaluated
13    by a nurse-trainer at least annually or more frequently at
14    the discretion of the registered professional nurse. Any
15    necessary retraining shall be to the extent that is
16    necessary to ensure competency of the authorized direct
17    care staff to administer medication.
18        (4) Authorization of direct care staff to administer
19    medication shall be revoked if, in the opinion of the
20    registered professional nurse, the authorized direct care
21    staff is no longer competent to administer medication.
22        (5) The registered professional nurse shall assess an
23    individual's health status at least annually or more
24    frequently at the discretion of the registered
25    professional nurse.
26    (d) Medication self-administration shall meet the

 

 

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1following requirements:
2        (1) As part of the normalization process, in order for
3    each individual to attain the highest possible level of
4    independent functioning, all individuals shall be
5    permitted to participate in their total health care
6    program. This program shall include, but not be limited to,
7    individual training in preventive health and
8    self-medication procedures.
9            (A) Every program shall adopt written policies and
10        procedures for assisting individuals in obtaining
11        preventative health and self-medication skills in
12        consultation with a registered professional nurse,
13        advanced practice registered nurse, physician
14        assistant, or physician licensed to practice medicine
15        in all its branches.
16            (B) Individuals shall be evaluated to determine
17        their ability to self-medicate by the nurse-trainer
18        through the use of the Department's required,
19        standardized screening and assessment instruments.
20            (C) When the results of the screening and
21        assessment indicate an individual not to be capable to
22        self-administer his or her own medications, programs
23        shall be developed in consultation with the Community
24        Support Team or Interdisciplinary Team to provide
25        individuals with self-medication administration.
26        (2) Each individual shall be presumed to be competent

 

 

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1    to self-administer medications if:
2            (A) authorized by an order of a physician licensed
3        to practice medicine in all its branches, an advanced
4        practice registered nurse, or a physician assistant;
5        and
6            (B) approved to self-administer medication by the
7        individual's Community Support Team or
8        Interdisciplinary Team, which includes a registered
9        professional nurse or an advanced practice registered
10        nurse.
11    (e) Quality Assurance.
12        (1) A registered professional nurse, advanced practice
13    registered nurse, licensed practical nurse, physician
14    licensed to practice medicine in all its branches,
15    physician assistant, or pharmacist shall review the
16    following for all individuals:
17            (A) Medication orders.
18            (B) Medication labels, including medications
19        listed on the medication administration record for
20        persons who are not self-medicating to ensure the
21        labels match the orders issued by the physician
22        licensed to practice medicine in all its branches,
23        advanced practice registered nurse, or physician
24        assistant.
25            (C) Medication administration records for persons
26        who are not self-medicating to ensure that the records

 

 

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1        are completed appropriately for:
2                (i) medication administered as prescribed;
3                (ii) refusal by the individual; and
4                (iii) full signatures provided for all
5            initials used.
6        (2) Reviews shall occur at least quarterly, but may be
7    done more frequently at the discretion of the registered
8    professional nurse or advanced practice registered nurse.
9        (3) A quality assurance review of medication errors and
10    data collection for the purpose of monitoring and
11    recommending corrective action shall be conducted within 7
12    days and included in the required annual review.
13    (f) Programs using authorized direct care staff to
14administer medications are responsible for documenting and
15maintaining records on the training that is completed.
16    (g) The absence of this training program constitutes a
17threat to the public interest, safety, and welfare and
18necessitates emergency rulemaking by the Departments of Human
19Services and Public Health under Section 5-45 of the Illinois
20Administrative Procedure Act.
21    (h) Direct care staff who fail to qualify for delegated
22authority to administer medications pursuant to the provisions
23of this Section shall be given additional education and testing
24to meet criteria for delegation authority to administer
25medications. Any direct care staff person who fails to qualify
26as an authorized direct care staff after initial training and

 

 

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1testing must within 3 months be given another opportunity for
2retraining and retesting. A direct care staff person who fails
3to meet criteria for delegated authority to administer
4medication, including, but not limited to, failure of the
5written test on 2 occasions shall be given consideration for
6shift transfer or reassignment, if possible. No employee shall
7be terminated for failure to qualify during the 3-month time
8period following initial testing. Refusal to complete training
9and testing required by this Section may be grounds for
10immediate dismissal.
11    (i) No authorized direct care staff person delegated to
12administer medication shall be subject to suspension or
13discharge for errors resulting from the staff person's acts or
14omissions when performing the functions unless the staff
15person's actions or omissions constitute willful and wanton
16conduct. Nothing in this subsection is intended to supersede
17paragraph (4) of subsection (c).
18    (j) A registered professional nurse, advanced practice
19registered nurse, physician licensed to practice medicine in
20all its branches, or physician assistant shall be on duty or on
21call at all times in any program covered by this Section.
22    (k) The employer shall be responsible for maintaining
23liability insurance for any program covered by this Section.
24    (l) Any direct care staff person who qualifies as
25authorized direct care staff pursuant to this Section shall be
26granted consideration for a one-time additional salary

 

 

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1differential. The Department shall determine and provide the
2necessary funding for the differential in the base. This
3subsection (l) is inoperative on and after June 30, 2000.
4(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; 99-78,
5eff. 7-20-15; 99-143, eff. 7-27-15; 99-581, eff. 1-1-17.)
 
6    Section 45. The Department of Professional Regulation Law
7of the Civil Administrative Code of Illinois is amended by
8changing Section 2105-17 as follows:
 
9    (20 ILCS 2105/2105-17)
10    Sec. 2105-17. Volunteer licenses.
11    (a) For the purposes of this Section:
12    "Health care professional" means a physician licensed
13under the Medical Practice Act of 1987, a dentist licensed
14under the Illinois Dental Practice Act, an optometrist licensed
15under the Illinois Optometric Practice Act of 1987, a physician
16assistant licensed under the Physician Assistant Practice Act
17of 1987, and a nurse or advanced practice registered nurse
18licensed under the Nurse Practice Act. The Department may
19expand this definition by rule.
20    "Volunteer practice" means the practice of a licensed
21health care professional for the benefit of an individual or
22the public and without compensation for the health care
23services provided.
24    (b) The Department may grant a volunteer license to a

 

 

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1health care professional who:
2        (1) meets all requirements of the State licensing Act
3    that applies to his or her health care profession and the
4    rules adopted under the Act; and
5        (2) agrees to engage in the volunteer practice of his
6    or her health care profession in a free medical clinic, as
7    defined in the Good Samaritan Act, or in a public health
8    clinic, as defined in Section 6-101 of the Local
9    Governmental and Governmental Employees Tort Immunities
10    Act, and to not practice for compensation.
11    (c) A volunteer license shall be granted in accordance with
12the licensing Act that applies to the health care
13professional's given health care profession, and the licensure
14fee shall be set by rule in accordance with subsection (f).
15    (d) No health care professional shall hold a non-volunteer
16license in a health care profession and a volunteer license in
17that profession at the same time. In the event that the health
18care professional obtains a volunteer license in the profession
19for which he or she holds a non-volunteer license, that
20non-volunteer license shall automatically be placed in
21inactive status. In the event that a health care professional
22obtains a non-volunteer license in the profession for which he
23or she holds a volunteer license, the volunteer license shall
24be placed in inactive status. Practicing on an expired
25volunteer license constitutes the unlicensed practice of the
26health care professional's profession.

 

 

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1    (e) Nothing in this Section shall be construed to waive or
2modify any statute, rule, or regulation concerning the
3licensure or practice of any health care profession. A health
4care professional who holds a volunteer license shall be
5subject to all statutes, rules, and regulations governing his
6or her profession. The Department shall waive the licensure fee
7for the first 500 volunteer licenses issued and may by rule
8provide for a fee waiver or fee reduction that shall apply to
9all licenses issued after the initial 500.
10    (f) The Department shall determine by rule the total number
11of volunteer licenses to be issued. The Department shall file
12proposed rules implementing this Section within 6 months after
13the effective date of this amendatory Act of the 98th General
14Assembly.
15(Source: P.A. 98-659, eff. 6-23-14.)
 
16    Section 50. The Department of Public Health Act is amended
17by changing Sections 7 and 8.2 as follows:
 
18    (20 ILCS 2305/7)  (from Ch. 111 1/2, par. 22.05)
19    Sec. 7. The Illinois Department of Public Health shall
20adopt rules requiring that upon death of a person who had or is
21suspected of having an infectious or communicable disease that
22could be transmitted through contact with the person's body or
23bodily fluids, the body shall be labeled "Infection Hazard", or
24with an equivalent term to inform persons having subsequent

 

 

HB3472- 69 -LRB100 05726 SMS 15748 b

1contact with the body, including any funeral director or
2embalmer, to take suitable precautions. Such rules shall
3require that the label shall be prominently displayed on and
4affixed to the outer wrapping or covering of the body if the
5body is wrapped or covered in any manner. Responsibility for
6such labeling shall lie with the attending physician, advanced
7practice registered nurse, or physician assistant who
8certifies death, or if the death occurs in a health care
9facility, with such staff member as may be designated by the
10administrator of the facility. The Department may adopt rules
11providing for the safe disposal of human remains. To the extent
12feasible without endangering the public's health, the
13Department shall respect and accommodate the religious beliefs
14of individuals in implementing this Section.
15(Source: P.A. 99-581, eff. 1-1-17.)
 
16    (20 ILCS 2305/8.2)
17    Sec. 8.2. Osteoporosis Prevention and Education Program.
18    (a) The Department of Public Health, utilizing available
19federal funds, State funds appropriated for that purpose, or
20other available funding as provided for in this Section, shall
21establish, promote, and maintain an Osteoporosis Prevention
22and Education Program to promote public awareness of the causes
23of osteoporosis, options for prevention, the value of early
24detection, and possible treatments (including the benefits and
25risks of those treatments). The Department may accept, for that

 

 

HB3472- 70 -LRB100 05726 SMS 15748 b

1purpose, any special grant of money, services, or property from
2the federal government or any of its agencies or from any
3foundation, organization, or medical school.
4    (b) The program shall include the following:
5        (1) Development of a public education and outreach
6    campaign to promote osteoporosis prevention and education,
7    including, but not limited to, the following subjects:
8            (A) The cause and nature of the disease.
9            (B) Risk factors.
10            (C) The role of hysterectomy.
11            (D) Prevention of osteoporosis, including
12        nutrition, diet, and physical exercise.
13            (E) Diagnostic procedures and appropriate
14        indications for their use.
15            (F) Hormone replacement, including benefits and
16        risks.
17            (G) Environmental safety and injury prevention.
18            (H) Availability of osteoporosis diagnostic
19        treatment services in the community.
20        (2) Development of educational materials to be made
21    available for consumers, particularly targeted to
22    high-risk groups, through local health departments, local
23    physicians, advanced practice registered nurses, or
24    physician assistants, other providers (including, but not
25    limited to, health maintenance organizations, hospitals,
26    and clinics), and women's organizations.

 

 

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1        (3) Development of professional education programs for
2    health care providers to assist them in understanding
3    research findings and the subjects set forth in paragraph
4    (1).
5        (4) Development and maintenance of a list of current
6    providers of specialized services for the prevention and
7    treatment of osteoporosis. Dissemination of the list shall
8    be accompanied by a description of diagnostic procedures,
9    appropriate indications for their use, and a cautionary
10    statement about the current status of osteoporosis
11    research, prevention, and treatment. The statement shall
12    also indicate that the Department does not license,
13    certify, or in any other way approve osteoporosis programs
14    or centers in this State.
15    (c) The State Board of Health shall serve as an advisory
16board to the Department with specific respect to the prevention
17and education activities related to osteoporosis described in
18this Section. The State Board of Health shall assist the
19Department in implementing this Section.
20(Source: P.A. 99-581, eff. 1-1-17.)
 
21    Section 55. The Department of Public Health Powers and
22Duties Law of the Civil Administrative Code of Illinois is
23amended by changing Sections 2310-145, 2310-397, 2310-410,
242310-600, 2310-677, and 2310-690 as follows:
 

 

 

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1    (20 ILCS 2310/2310-145)
2    Sec. 2310-145. Registry of health care professionals. The
3Department of Public Health shall maintain a registry of all
4active-status health care professionals, including nurses,
5nurse practitioners, advanced practice registered nurses,
6physicians, physician assistants, psychologists, professional
7counselors, clinical professional counselors, and pharmacists.
8    The registry must consist of information shared between the
9Department of Public Health and the Department of Financial and
10Professional Regulation via a secure communication link. The
11registry must be updated on a quarterly basis.
12    The registry shall be accessed in the event of an act of
13bioterrorism or other public health emergency or for the
14planning for the possibility of such an event.
15(Source: P.A. 96-377, eff. 1-1-10.)
 
16    (20 ILCS 2310/2310-397)  (was 20 ILCS 2310/55.90)
17    Sec. 2310-397. Prostate and testicular cancer program.
18    (a) The Department, subject to appropriation or other
19available funding, shall conduct a program to promote awareness
20and early detection of prostate and testicular cancer. The
21program may include, but need not be limited to:
22        (1) Dissemination of information regarding the
23    incidence of prostate and testicular cancer, the risk
24    factors associated with prostate and testicular cancer,
25    and the benefits of early detection and treatment.

 

 

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1        (2) Promotion of information and counseling about
2    treatment options.
3        (3) Establishment and promotion of referral services
4    and screening programs.
5    Beginning July 1, 2004, the program must include the
6development and dissemination, through print and broadcast
7media, of public service announcements that publicize the
8importance of prostate cancer screening for men over age 40.
9    (b) Subject to appropriation or other available funding, a
10Prostate Cancer Screening Program shall be established in the
11Department of Public Health.
12        (1) The Program shall apply to the following persons
13    and entities:
14            (A) uninsured and underinsured men 50 years of age
15        and older;
16            (B) uninsured and underinsured men between 40 and
17        50 years of age who are at high risk for prostate
18        cancer, upon the advice of a physician, advanced
19        practice registered nurse, or physician assistant or
20        upon the request of the patient; and
21            (C) non-profit organizations providing assistance
22        to persons described in subparagraphs (A) and (B).
23        (2) Any entity funded by the Program shall coordinate
24    with other local providers of prostate cancer screening,
25    diagnostic, follow-up, education, and advocacy services to
26    avoid duplication of effort. Any entity funded by the

 

 

HB3472- 74 -LRB100 05726 SMS 15748 b

1    Program shall comply with any applicable State and federal
2    standards regarding prostate cancer screening.
3        (3) Administrative costs of the Department shall not
4    exceed 10% of the funds allocated to the Program. Indirect
5    costs of the entities funded by this Program shall not
6    exceed 12%. The Department shall define "indirect costs" in
7    accordance with applicable State and federal law.
8        (4) Any entity funded by the Program shall collect data
9    and maintain records that are determined by the Department
10    to be necessary to facilitate the Department's ability to
11    monitor and evaluate the effectiveness of the entities and
12    the Program. Commencing with the Program's second year of
13    operation, the Department shall submit an Annual Report to
14    the General Assembly and the Governor. The report shall
15    describe the activities and effectiveness of the Program
16    and shall include, but not be limited to, the following
17    types of information regarding those served by the Program:
18            (A) the number; and
19            (B) the ethnic, geographic, and age breakdown.
20        (5) The Department or any entity funded by the Program
21    shall collect personal and medical information necessary
22    to administer the Program from any individual applying for
23    services under the Program. The information shall be
24    confidential and shall not be disclosed other than for
25    purposes directly connected with the administration of the
26    Program or except as otherwise provided by law or pursuant

 

 

HB3472- 75 -LRB100 05726 SMS 15748 b

1    to prior written consent of the subject of the information.
2        (6) The Department or any entity funded by the program
3    may disclose the confidential information to medical
4    personnel and fiscal intermediaries of the State to the
5    extent necessary to administer the Program, and to other
6    State public health agencies or medical researchers if the
7    confidential information is necessary to carry out the
8    duties of those agencies or researchers in the
9    investigation, control, or surveillance of prostate
10    cancer.
11    (c) The Department shall adopt rules to implement the
12Prostate Cancer Screening Program in accordance with the
13Illinois Administrative Procedure Act.
14(Source: P.A. 98-87, eff. 1-1-14; 99-581, eff. 1-1-17.)
 
15    (20 ILCS 2310/2310-410)  (was 20 ILCS 2310/55.42)
16    Sec. 2310-410. Sickle cell disease. To conduct a public
17information campaign for physicians, advanced practice
18registered nurses, physician assistants, hospitals, health
19facilities, public health departments, and the general public
20on sickle cell disease, methods of care, and treatment
21modalities available; to identify and catalogue sickle cell
22resources in this State for distribution and referral purposes;
23and to coordinate services with the established programs,
24including State, federal, and voluntary groups.
25(Source: P.A. 99-581, eff. 1-1-17.)
 

 

 

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1    (20 ILCS 2310/2310-600)
2    Sec. 2310-600. Advance directive information.
3    (a) The Department of Public Health shall prepare and
4publish the summary of advance directives law, as required by
5the federal Patient Self-Determination Act, and related forms.
6Publication may be limited to the World Wide Web. The summary
7required under this subsection (a) must include the Department
8of Public Health Uniform POLST form.
9    (b) The Department of Public Health shall publish Spanish
10language versions of the following:
11        (1) The statutory Living Will Declaration form.
12        (2) The Illinois Statutory Short Form Power of Attorney
13    for Health Care.
14        (3) The statutory Declaration of Mental Health
15    Treatment Form.
16        (4) The summary of advance directives law in Illinois.
17        (5) The Department of Public Health Uniform POLST form.
18    Publication may be limited to the World Wide Web.
19    (b-5) In consultation with a statewide professional
20organization representing physicians licensed to practice
21medicine in all its branches, statewide organizations
22representing physician assistants, advanced practice
23registered nurses, nursing homes, registered professional
24nurses, and emergency medical systems, and a statewide
25organization representing hospitals, the Department of Public

 

 

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1Health shall develop and publish a uniform form for
2practitioner cardiopulmonary resuscitation (CPR) or
3life-sustaining treatment orders that may be utilized in all
4settings. The form shall meet the published minimum
5requirements to nationally be considered a practitioner orders
6for life-sustaining treatment form, or POLST, and may be
7referred to as the Department of Public Health Uniform POLST
8form. This form does not replace a physician's or other
9practitioner's authority to make a do-not-resuscitate (DNR)
10order.
11    (c) (Blank).
12    (d) The Department of Public Health shall publish the
13Department of Public Health Uniform POLST form reflecting the
14changes made by this amendatory Act of the 98th General
15Assembly no later than January 1, 2015.
16(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16;
1799-581, eff. 1-1-17.)
 
18    (20 ILCS 2310/2310-677)
19    (Section scheduled to be repealed on June 30, 2019)
20    Sec. 2310-677. Neonatal Abstinence Syndrome Advisory
21Committee.
22    (a) As used in this Section:
23    "Department" means the Department of Public Health.
24    "Director" means the Director of Public Health.
25    "Neonatal Abstinence Syndrome" or "NAS" means various

 

 

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1adverse conditions that occur in a newborn infant who was
2exposed to addictive or prescription drugs while in the
3mother's womb.
4    (b) There is created the Advisory Committee on Neonatal
5Abstinence Syndrome. The Advisory Committee shall consist of up
6to 10 members appointed by the Director of Public Health. The
7Director shall make the appointments within 90 days after the
8effective date of this amendatory Act of the 99th General
9Assembly. Members shall receive no compensation for their
10services. The members of the Advisory Committee shall represent
11different racial, ethnic, and geographic backgrounds and
12consist of:
13        (1) at least one member representing a statewide
14    association of hospitals;
15        (2) at least one member representing a statewide
16    organization of pediatricians;
17        (3) at least one member representing a statewide
18    organization of obstetricians;
19        (4) at least one member representing a statewide
20    organization that advocates for the health of mothers and
21    infants;
22        (5) at least one member representing a statewide
23    organization of licensed physicians;
24        (6) at least one member who is a licensed practical
25    nurse, registered professional nurse, or advanced practice
26    registered nurse with expertise in the treatment of

 

 

HB3472- 79 -LRB100 05726 SMS 15748 b

1    newborns in neonatal intensive care units;
2        (7) at least one member representing a local or
3    regional public health agency; and
4        (8) at least one member with expertise in the treatment
5    of drug dependency and addiction.
6    (c) In addition to the membership in subsection (a) of this
7Section, the following persons or their designees shall serve
8as ex officio members of the Advisory Committee: the Director
9of Public Health, the Secretary of Human Services, the Director
10of Healthcare and Family Services, and the Director of Children
11and Family Services. The Director of Public Health, or his or
12her designee, shall serve as Chair of the Committee.
13    (d) The Advisory Committee shall meet at the call of the
14Chair. The Committee shall meet at least 3 times each year and
15its initial meeting shall take place within 120 days after the
16effective date of this Act. The Advisory Committee shall advise
17and assist the Department to:
18        (1) develop an appropriate standard clinical
19    definition of "NAS";
20        (2) develop a uniform process of identifying NAS;
21        (3) develop protocols for training hospital personnel
22    in implementing an appropriate and uniform process for
23    identifying and treating NAS;
24        (4) identify and develop options for reporting NAS data
25    to the Department by using existing or new data reporting
26    options; and

 

 

HB3472- 80 -LRB100 05726 SMS 15748 b

1        (5) make recommendations to the Department on
2    evidence-based guidelines and programs to improve the
3    outcomes of pregnancies with respect to NAS.
4    (e) The Advisory Committee shall provide an annual report
5of its activities and recommendations to the Director, the
6General Assembly, and the Governor by March 31 of each year
7beginning in 2016. The final report of the Advisory Committee
8shall be submitted by March 31, 2019.
9    (f) This Section is repealed on June 30, 2019.
10(Source: P.A. 99-320, eff. 8-7-15.)
 
11    (20 ILCS 2310/2310-690)
12    Sec. 2310-690. Cytomegalovirus public education.
13    (a) In this Section:
14        "CMV" means cytomegalovirus.
15        "Health care professional and provider" means any
16    physician, advanced practice registered nurse, physician
17    assistant, hospital facility, or other person that is
18    licensed or otherwise authorized to deliver health care
19    services.
20    (b) The Department shall develop or approve and publish
21informational materials for women who may become pregnant,
22expectant parents, and parents of infants regarding:
23        (1) the incidence of CMV;
24        (2) the transmission of CMV to pregnant women and women
25    who may become pregnant;

 

 

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1        (3) birth defects caused by congenital CMV;
2        (4) methods of diagnosing congenital CMV; and
3        (5) available preventive measures to avoid the
4    infection of women who are pregnant or may become pregnant.
5    (c) The Department shall publish the information required
6under subsection (b) on its Internet website.
7    (d) The Department shall publish information to:
8        (1) educate women who may become pregnant, expectant
9    parents, and parents of infants about CMV; and
10        (2) raise awareness of CMV among health care
11    professionals and providers who provide care to expectant
12    mothers or infants.
13    (e) The Department may solicit and accept the assistance of
14any relevant health care professional associations or
15community resources, including faith-based resources, to
16promote education about CMV under this Section.
17    (f) If a newborn infant fails the 2 initial hearing
18screenings in the hospital, then the hospital performing that
19screening shall provide to the parents of the newborn infant
20information regarding: (i) birth defects caused by congenital
21CMV; (ii) testing opportunities and options for CMV, including
22the opportunity to test for CMV before leaving the hospital;
23and (iii) early intervention services. Health care
24professionals and providers may, but are not required to, use
25the materials developed by the Department for distribution to
26parents of newborn infants.

 

 

HB3472- 82 -LRB100 05726 SMS 15748 b

1(Source: P.A. 99-424, eff. 1-1-16; 99-581, eff. 1-1-17; 99-642,
2eff. 7-28-26.)
 
3    Section 60. The Community Health Worker Advisory Board Act
4is amended by changing Section 10 as follows:
 
5    (20 ILCS 2335/10)
6    Sec. 10. Advisory Board.
7    (a) There is created the Advisory Board on Community Health
8Workers. The Board shall consist of 16 members appointed by the
9Director of Public Health. The Director shall make the
10appointments to the Board within 90 days after the effective
11date of this Act. The members of the Board shall represent
12different racial and ethnic backgrounds and have the
13qualifications as follows:
14        (1) four members who currently serve as community
15    health workers in Cook County, one of whom shall have
16    served as a health insurance marketplace navigator;
17        (2) two members who currently serve as community health
18    workers in DuPage, Kane, Lake, or Will County;
19        (3) one member who currently serves as a community
20    health worker in Bond, Calhoun, Clinton, Jersey, Macoupin,
21    Madison, Monroe, Montgomery, Randolph, St. Clair, or
22    Washington County;
23        (4) one member who currently serves as a community
24    health worker in any other county in the State;

 

 

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1        (5) one member who is a physician licensed to practice
2    medicine in Illinois;
3        (6) one member who is a physician assistant;
4        (7) one member who is a licensed nurse or advanced
5    practice registered nurse;
6        (8) one member who is a licensed social worker,
7    counselor, or psychologist;
8        (9) one member who currently employs community health
9    workers;
10        (10) one member who is a health policy advisor with
11    experience in health workforce policy;
12        (11) one member who is a public health professional
13    with experience with community health policy; and
14        (12) one representative of a community college,
15    university, or educational institution that provides
16    training to community health workers.
17    (b) In addition, the following persons or their designees
18shall serve as ex officio, non-voting members of the Board: the
19Executive Director of the Illinois Community College Board, the
20Director of Children and Family Services, the Director of
21Aging, the Director of Public Health, the Director of
22Employment Security, the Director of Commerce and Economic
23Opportunity, the Secretary of Financial and Professional
24Regulation, the Director of Healthcare and Family Services, and
25the Secretary of Human Services.
26    (c) The voting members of the Board shall select a

 

 

HB3472- 84 -LRB100 05726 SMS 15748 b

1chairperson from the voting members of the Board. The Board
2shall consult with additional experts as needed. Members of the
3Board shall serve without compensation. The Department shall
4provide administrative and staff support to the Board. The
5meetings of the Board are subject to the provisions of the Open
6Meetings Act.
7    (d) The Board shall consider the core competencies of a
8community health worker, including skills and areas of
9knowledge that are essential to bringing about expanded health
10and wellness in diverse communities and reducing health
11disparities. As relating to members of communities and health
12teams, the core competencies for effective community health
13workers may include, but are not limited to:
14        (1) outreach methods and strategies;
15        (2) client and community assessment;
16        (3) effective community-based and participatory
17    methods, including research;
18        (4) culturally competent communication and care;
19        (5) health education for behavior change;
20        (6) support, advocacy, and health system navigation
21    for clients;
22        (7) application of public health concepts and
23    approaches;
24        (8) individual and community capacity building and
25    mobilization; and
26        (9) writing, oral, technical, and communication

 

 

HB3472- 85 -LRB100 05726 SMS 15748 b

1    skills.
2(Source: P.A. 98-796, eff. 7-31-14; 99-581, eff. 1-1-17.)
 
3    Section 65. The Illinois Housing Development Act is amended
4by changing Section 7.30 as follows:
 
5    (20 ILCS 3805/7.30)
6    Sec. 7.30. Foreclosure Prevention Program.
7    (a) The Authority shall establish and administer a
8Foreclosure Prevention Program. The Authority shall use moneys
9in the Foreclosure Prevention Program Fund, and any other funds
10appropriated for this purpose, to make grants to (i) approved
11counseling agencies for approved housing counseling and (ii)
12approved community-based organizations for approved
13foreclosure prevention outreach programs. The Authority shall
14promulgate rules to implement this Program and may adopt
15emergency rules as soon as practicable to begin implementation
16of the Program.
17    (b) Subject to appropriation and the annual receipt of
18funds, the Authority shall make grants from the Foreclosure
19Prevention Program Fund derived from fees paid as specified in
20subsection (a) of Section 15-1504.1 of the Code of Civil
21Procedure as follows:
22        (1) 25% of the moneys in the Fund shall be used to make
23    grants to approved counseling agencies that provide
24    services in Illinois outside of the City of Chicago. Grants

 

 

HB3472- 86 -LRB100 05726 SMS 15748 b

1    shall be based upon the number of foreclosures filed in an
2    approved counseling agency's service area, the capacity of
3    the agency to provide foreclosure counseling services, and
4    any other factors that the Authority deems appropriate.
5        (2) 25% of the moneys in the Fund shall be distributed
6    to the City of Chicago to make grants to approved
7    counseling agencies located within the City of Chicago for
8    approved housing counseling or to support foreclosure
9    prevention counseling programs administered by the City of
10    Chicago.
11        (3) 25% of the moneys in the Fund shall be used to make
12    grants to approved community-based organizations located
13    outside of the City of Chicago for approved foreclosure
14    prevention outreach programs.
15        (4) 25% of the moneys in the Fund shall be used to make
16    grants to approved community-based organizations located
17    within the City of Chicago for approved foreclosure
18    prevention outreach programs, with priority given to
19    programs that provide door-to-door outreach.
20    (b-1) Subject to appropriation and the annual receipt of
21funds, the Authority shall make grants from the Foreclosure
22Prevention Program Graduated Fund derived from fees paid as
23specified in paragraph (1) of subsection (a-5) of Section
2415-1504.1 of the Code of Civil Procedure, as follows:
25        (1) 30% shall be used to make grants for approved
26    housing counseling in Cook County outside of the City of

 

 

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1    Chicago;
2        (2) 25% shall be used to make grants for approved
3    housing counseling in the City of Chicago;
4        (3) 30% shall be used to make grants for approved
5    housing counseling in DuPage, Kane, Lake, McHenry, and Will
6    Counties; and
7        (4) 15% shall be used to make grants for approved
8    housing counseling in Illinois in counties other than Cook,
9    DuPage, Kane, Lake, McHenry, and Will Counties provided
10    that grants to provide approved housing counseling to
11    borrowers residing within these counties shall be based, to
12    the extent practicable, (i) proportionately on the amount
13    of fees paid to the respective clerks of the courts within
14    these counties and (ii) on any other factors that the
15    Authority deems appropriate.
16    The percentages set forth in this subsection (b-1) shall be
17calculated after deduction of reimbursable administrative
18expenses incurred by the Authority, but shall not be greater
19than 4% of the annual appropriated amount.
20    (b-5) As used in this Section:
21    "Approved community-based organization" means a
22not-for-profit entity that provides educational and financial
23information to residents of a community through in-person
24contact. "Approved community-based organization" does not
25include a not-for-profit corporation or other entity or person
26that provides legal representation or advice in a civil

 

 

HB3472- 88 -LRB100 05726 SMS 15748 b

1proceeding or court-sponsored mediation services, or a
2governmental agency.
3    "Approved foreclosure prevention outreach program" means a
4program developed by an approved community-based organization
5that includes in-person contact with residents to provide (i)
6pre-purchase and post-purchase home ownership counseling, (ii)
7education about the foreclosure process and the options of a
8mortgagor in a foreclosure proceeding, and (iii) programs
9developed by an approved community-based organization in
10conjunction with a State or federally chartered financial
11institution.
12    "Approved counseling agency" means a housing counseling
13agency approved by the U.S. Department of Housing and Urban
14Development.
15    "Approved housing counseling" means in-person counseling
16provided by a counselor employed by an approved counseling
17agency to all borrowers, or documented telephone counseling
18where a hardship would be imposed on one or more borrowers. A
19hardship shall exist in instances in which the borrower is
20confined to his or her home due to a medical condition, as
21verified in writing by a physician, advanced practice
22registered nurse, or physician assistant, or the borrower
23resides 50 miles or more from the nearest approved counseling
24agency. In instances of telephone counseling, the borrower must
25supply all necessary documents to the counselor at least 72
26hours prior to the scheduled telephone counseling session.

 

 

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1    (c) (Blank).
2    (c-5) Where the jurisdiction of an approved counseling
3agency is included within more than one of the geographic areas
4set forth in this Section, the Authority may elect to fully
5fund the applicant from one of the relevant geographic areas.
6(Source: P.A. 98-20, eff. 6-11-13; 99-581, eff. 1-1-17.)
 
7    Section 70. The Property Tax Code is amended by changing
8Sections 15-168 and 15-172 as follows:
 
9    (35 ILCS 200/15-168)
10    Sec. 15-168. Homestead exemption for persons with
11disabilities.
12    (a) Beginning with taxable year 2007, an annual homestead
13exemption is granted to persons with disabilities in the amount
14of $2,000, except as provided in subsection (c), to be deducted
15from the property's value as equalized or assessed by the
16Department of Revenue. The person with a disability shall
17receive the homestead exemption upon meeting the following
18requirements:
19        (1) The property must be occupied as the primary
20    residence by the person with a disability.
21        (2) The person with a disability must be liable for
22    paying the real estate taxes on the property.
23        (3) The person with a disability must be an owner of
24    record of the property or have a legal or equitable

 

 

HB3472- 90 -LRB100 05726 SMS 15748 b

1    interest in the property as evidenced by a written
2    instrument. In the case of a leasehold interest in
3    property, the lease must be for a single family residence.
4    A person who has a disability during the taxable year is
5eligible to apply for this homestead exemption during that
6taxable year. Application must be made during the application
7period in effect for the county of residence. If a homestead
8exemption has been granted under this Section and the person
9awarded the exemption subsequently becomes a resident of a
10facility licensed under the Nursing Home Care Act, the
11Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
12Community Care Act, or the MC/DD Act, then the exemption shall
13continue (i) so long as the residence continues to be occupied
14by the qualifying person's spouse or (ii) if the residence
15remains unoccupied but is still owned by the person qualified
16for the homestead exemption.
17    (b) For the purposes of this Section, "person with a
18disability" means a person unable to engage in any substantial
19gainful activity by reason of a medically determinable physical
20or mental impairment which can be expected to result in death
21or has lasted or can be expected to last for a continuous
22period of not less than 12 months. Persons with disabilities
23filing claims under this Act shall submit proof of disability
24in such form and manner as the Department shall by rule and
25regulation prescribe. Proof that a claimant is eligible to
26receive disability benefits under the Federal Social Security

 

 

HB3472- 91 -LRB100 05726 SMS 15748 b

1Act shall constitute proof of disability for purposes of this
2Act. Issuance of an Illinois Person with a Disability
3Identification Card stating that the claimant is under a Class
42 disability, as defined in Section 4A of the Illinois
5Identification Card Act, shall constitute proof that the person
6named thereon is a person with a disability for purposes of
7this Act. A person with a disability not covered under the
8Federal Social Security Act and not presenting an Illinois
9Person with a Disability Identification Card stating that the
10claimant is under a Class 2 disability shall be examined by a
11physician, advanced practice registered nurse, or physician
12assistant designated by the Department, and his status as a
13person with a disability determined using the same standards as
14used by the Social Security Administration. The costs of any
15required examination shall be borne by the claimant.
16    (c) For land improved with (i) an apartment building owned
17and operated as a cooperative or (ii) a life care facility as
18defined under Section 2 of the Life Care Facilities Act that is
19considered to be a cooperative, the maximum reduction from the
20value of the property, as equalized or assessed by the
21Department, shall be multiplied by the number of apartments or
22units occupied by a person with a disability. The person with a
23disability shall receive the homestead exemption upon meeting
24the following requirements:
25        (1) The property must be occupied as the primary
26    residence by the person with a disability.

 

 

HB3472- 92 -LRB100 05726 SMS 15748 b

1        (2) The person with a disability must be liable by
2    contract with the owner or owners of record for paying the
3    apportioned property taxes on the property of the
4    cooperative or life care facility. In the case of a life
5    care facility, the person with a disability must be liable
6    for paying the apportioned property taxes under a life care
7    contract as defined in Section 2 of the Life Care
8    Facilities Act.
9        (3) The person with a disability must be an owner of
10    record of a legal or equitable interest in the cooperative
11    apartment building. A leasehold interest does not meet this
12    requirement.
13If a homestead exemption is granted under this subsection, the
14cooperative association or management firm shall credit the
15savings resulting from the exemption to the apportioned tax
16liability of the qualifying person with a disability. The chief
17county assessment officer may request reasonable proof that the
18association or firm has properly credited the exemption. A
19person who willfully refuses to credit an exemption to the
20qualified person with a disability is guilty of a Class B
21misdemeanor.
22    (d) The chief county assessment officer shall determine the
23eligibility of property to receive the homestead exemption
24according to guidelines established by the Department. After a
25person has received an exemption under this Section, an annual
26verification of eligibility for the exemption shall be mailed

 

 

HB3472- 93 -LRB100 05726 SMS 15748 b

1to the taxpayer.
2    In counties with fewer than 3,000,000 inhabitants, the
3chief county assessment officer shall provide to each person
4granted a homestead exemption under this Section a form to
5designate any other person to receive a duplicate of any notice
6of delinquency in the payment of taxes assessed and levied
7under this Code on the person's qualifying property. The
8duplicate notice shall be in addition to the notice required to
9be provided to the person receiving the exemption and shall be
10given in the manner required by this Code. The person filing
11the request for the duplicate notice shall pay an
12administrative fee of $5 to the chief county assessment
13officer. The assessment officer shall then file the executed
14designation with the county collector, who shall issue the
15duplicate notices as indicated by the designation. A
16designation may be rescinded by the person with a disability in
17the manner required by the chief county assessment officer.
18    (e) A taxpayer who claims an exemption under Section 15-165
19or 15-169 may not claim an exemption under this Section.
20(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
2199-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.
227-28-16.)
 
23    (35 ILCS 200/15-172)
24    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
25Exemption.

 

 

HB3472- 94 -LRB100 05726 SMS 15748 b

1    (a) This Section may be cited as the Senior Citizens
2Assessment Freeze Homestead Exemption.
3    (b) As used in this Section:
4    "Applicant" means an individual who has filed an
5application under this Section.
6    "Base amount" means the base year equalized assessed value
7of the residence plus the first year's equalized assessed value
8of any added improvements which increased the assessed value of
9the residence after the base year.
10    "Base year" means the taxable year prior to the taxable
11year for which the applicant first qualifies and applies for
12the exemption provided that in the prior taxable year the
13property was improved with a permanent structure that was
14occupied as a residence by the applicant who was liable for
15paying real property taxes on the property and who was either
16(i) an owner of record of the property or had legal or
17equitable interest in the property as evidenced by a written
18instrument or (ii) had a legal or equitable interest as a
19lessee in the parcel of property that was single family
20residence. If in any subsequent taxable year for which the
21applicant applies and qualifies for the exemption the equalized
22assessed value of the residence is less than the equalized
23assessed value in the existing base year (provided that such
24equalized assessed value is not based on an assessed value that
25results from a temporary irregularity in the property that
26reduces the assessed value for one or more taxable years), then

 

 

HB3472- 95 -LRB100 05726 SMS 15748 b

1that subsequent taxable year shall become the base year until a
2new base year is established under the terms of this paragraph.
3For taxable year 1999 only, the Chief County Assessment Officer
4shall review (i) all taxable years for which the applicant
5applied and qualified for the exemption and (ii) the existing
6base year. The assessment officer shall select as the new base
7year the year with the lowest equalized assessed value. An
8equalized assessed value that is based on an assessed value
9that results from a temporary irregularity in the property that
10reduces the assessed value for one or more taxable years shall
11not be considered the lowest equalized assessed value. The
12selected year shall be the base year for taxable year 1999 and
13thereafter until a new base year is established under the terms
14of this paragraph.
15    "Chief County Assessment Officer" means the County
16Assessor or Supervisor of Assessments of the county in which
17the property is located.
18    "Equalized assessed value" means the assessed value as
19equalized by the Illinois Department of Revenue.
20    "Household" means the applicant, the spouse of the
21applicant, and all persons using the residence of the applicant
22as their principal place of residence.
23    "Household income" means the combined income of the members
24of a household for the calendar year preceding the taxable
25year.
26    "Income" has the same meaning as provided in Section 3.07

 

 

HB3472- 96 -LRB100 05726 SMS 15748 b

1of the Senior Citizens and Persons with Disabilities Property
2Tax Relief Act, except that, beginning in assessment year 2001,
3"income" does not include veteran's benefits.
4    "Internal Revenue Code of 1986" means the United States
5Internal Revenue Code of 1986 or any successor law or laws
6relating to federal income taxes in effect for the year
7preceding the taxable year.
8    "Life care facility that qualifies as a cooperative" means
9a facility as defined in Section 2 of the Life Care Facilities
10Act.
11    "Maximum income limitation" means:
12        (1) $35,000 prior to taxable year 1999;
13        (2) $40,000 in taxable years 1999 through 2003;
14        (3) $45,000 in taxable years 2004 through 2005;
15        (4) $50,000 in taxable years 2006 and 2007; and
16        (5) $55,000 in taxable year 2008 and thereafter.
17    "Residence" means the principal dwelling place and
18appurtenant structures used for residential purposes in this
19State occupied on January 1 of the taxable year by a household
20and so much of the surrounding land, constituting the parcel
21upon which the dwelling place is situated, as is used for
22residential purposes. If the Chief County Assessment Officer
23has established a specific legal description for a portion of
24property constituting the residence, then that portion of
25property shall be deemed the residence for the purposes of this
26Section.

 

 

HB3472- 97 -LRB100 05726 SMS 15748 b

1    "Taxable year" means the calendar year during which ad
2valorem property taxes payable in the next succeeding year are
3levied.
4    (c) Beginning in taxable year 1994, a senior citizens
5assessment freeze homestead exemption is granted for real
6property that is improved with a permanent structure that is
7occupied as a residence by an applicant who (i) is 65 years of
8age or older during the taxable year, (ii) has a household
9income that does not exceed the maximum income limitation,
10(iii) is liable for paying real property taxes on the property,
11and (iv) is an owner of record of the property or has a legal or
12equitable interest in the property as evidenced by a written
13instrument. This homestead exemption shall also apply to a
14leasehold interest in a parcel of property improved with a
15permanent structure that is a single family residence that is
16occupied as a residence by a person who (i) is 65 years of age
17or older during the taxable year, (ii) has a household income
18that does not exceed the maximum income limitation, (iii) has a
19legal or equitable ownership interest in the property as
20lessee, and (iv) is liable for the payment of real property
21taxes on that property.
22    In counties of 3,000,000 or more inhabitants, the amount of
23the exemption for all taxable years is the equalized assessed
24value of the residence in the taxable year for which
25application is made minus the base amount. In all other
26counties, the amount of the exemption is as follows: (i)

 

 

HB3472- 98 -LRB100 05726 SMS 15748 b

1through taxable year 2005 and for taxable year 2007 and
2thereafter, the amount of this exemption shall be the equalized
3assessed value of the residence in the taxable year for which
4application is made minus the base amount; and (ii) for taxable
5year 2006, the amount of the exemption is as follows:
6        (1) For an applicant who has a household income of
7    $45,000 or less, the amount of the exemption is the
8    equalized assessed value of the residence in the taxable
9    year for which application is made minus the base amount.
10        (2) For an applicant who has a household income
11    exceeding $45,000 but not exceeding $46,250, the amount of
12    the exemption is (i) the equalized assessed value of the
13    residence in the taxable year for which application is made
14    minus the base amount (ii) multiplied by 0.8.
15        (3) For an applicant who has a household income
16    exceeding $46,250 but not exceeding $47,500, the amount of
17    the exemption is (i) the equalized assessed value of the
18    residence in the taxable year for which application is made
19    minus the base amount (ii) multiplied by 0.6.
20        (4) For an applicant who has a household income
21    exceeding $47,500 but not exceeding $48,750, the amount of
22    the exemption is (i) the equalized assessed value of the
23    residence in the taxable year for which application is made
24    minus the base amount (ii) multiplied by 0.4.
25        (5) For an applicant who has a household income
26    exceeding $48,750 but not exceeding $50,000, the amount of

 

 

HB3472- 99 -LRB100 05726 SMS 15748 b

1    the exemption is (i) the equalized assessed value of the
2    residence in the taxable year for which application is made
3    minus the base amount (ii) multiplied by 0.2.
4    When the applicant is a surviving spouse of an applicant
5for a prior year for the same residence for which an exemption
6under this Section has been granted, the base year and base
7amount for that residence are the same as for the applicant for
8the prior year.
9    Each year at the time the assessment books are certified to
10the County Clerk, the Board of Review or Board of Appeals shall
11give to the County Clerk a list of the assessed values of
12improvements on each parcel qualifying for this exemption that
13were added after the base year for this parcel and that
14increased the assessed value of the property.
15    In the case of land improved with an apartment building
16owned and operated as a cooperative or a building that is a
17life care facility that qualifies as a cooperative, the maximum
18reduction from the equalized assessed value of the property is
19limited to the sum of the reductions calculated for each unit
20occupied as a residence by a person or persons (i) 65 years of
21age or older, (ii) with a household income that does not exceed
22the maximum income limitation, (iii) who is liable, by contract
23with the owner or owners of record, for paying real property
24taxes on the property, and (iv) who is an owner of record of a
25legal or equitable interest in the cooperative apartment
26building, other than a leasehold interest. In the instance of a

 

 

HB3472- 100 -LRB100 05726 SMS 15748 b

1cooperative where a homestead exemption has been granted under
2this Section, the cooperative association or its management
3firm shall credit the savings resulting from that exemption
4only to the apportioned tax liability of the owner who
5qualified for the exemption. Any person who willfully refuses
6to credit that savings to an owner who qualifies for the
7exemption is guilty of a Class B misdemeanor.
8    When a homestead exemption has been granted under this
9Section and an applicant then becomes a resident of a facility
10licensed under the Assisted Living and Shared Housing Act, the
11Nursing Home Care Act, the Specialized Mental Health
12Rehabilitation Act of 2013, the ID/DD Community Care Act, or
13the MC/DD Act, the exemption shall be granted in subsequent
14years so long as the residence (i) continues to be occupied by
15the qualified applicant's spouse or (ii) if remaining
16unoccupied, is still owned by the qualified applicant for the
17homestead exemption.
18    Beginning January 1, 1997, when an individual dies who
19would have qualified for an exemption under this Section, and
20the surviving spouse does not independently qualify for this
21exemption because of age, the exemption under this Section
22shall be granted to the surviving spouse for the taxable year
23preceding and the taxable year of the death, provided that,
24except for age, the surviving spouse meets all other
25qualifications for the granting of this exemption for those
26years.

 

 

HB3472- 101 -LRB100 05726 SMS 15748 b

1    When married persons maintain separate residences, the
2exemption provided for in this Section may be claimed by only
3one of such persons and for only one residence.
4    For taxable year 1994 only, in counties having less than
53,000,000 inhabitants, to receive the exemption, a person shall
6submit an application by February 15, 1995 to the Chief County
7Assessment Officer of the county in which the property is
8located. In counties having 3,000,000 or more inhabitants, for
9taxable year 1994 and all subsequent taxable years, to receive
10the exemption, a person may submit an application to the Chief
11County Assessment Officer of the county in which the property
12is located during such period as may be specified by the Chief
13County Assessment Officer. The Chief County Assessment Officer
14in counties of 3,000,000 or more inhabitants shall annually
15give notice of the application period by mail or by
16publication. In counties having less than 3,000,000
17inhabitants, beginning with taxable year 1995 and thereafter,
18to receive the exemption, a person shall submit an application
19by July 1 of each taxable year to the Chief County Assessment
20Officer of the county in which the property is located. A
21county may, by ordinance, establish a date for submission of
22applications that is different than July 1. The applicant shall
23submit with the application an affidavit of the applicant's
24total household income, age, marital status (and if married the
25name and address of the applicant's spouse, if known), and
26principal dwelling place of members of the household on January

 

 

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11 of the taxable year. The Department shall establish, by rule,
2a method for verifying the accuracy of affidavits filed by
3applicants under this Section, and the Chief County Assessment
4Officer may conduct audits of any taxpayer claiming an
5exemption under this Section to verify that the taxpayer is
6eligible to receive the exemption. Each application shall
7contain or be verified by a written declaration that it is made
8under the penalties of perjury. A taxpayer's signing a
9fraudulent application under this Act is perjury, as defined in
10Section 32-2 of the Criminal Code of 2012. The applications
11shall be clearly marked as applications for the Senior Citizens
12Assessment Freeze Homestead Exemption and must contain a notice
13that any taxpayer who receives the exemption is subject to an
14audit by the Chief County Assessment Officer.
15    Notwithstanding any other provision to the contrary, in
16counties having fewer than 3,000,000 inhabitants, if an
17applicant fails to file the application required by this
18Section in a timely manner and this failure to file is due to a
19mental or physical condition sufficiently severe so as to
20render the applicant incapable of filing the application in a
21timely manner, the Chief County Assessment Officer may extend
22the filing deadline for a period of 30 days after the applicant
23regains the capability to file the application, but in no case
24may the filing deadline be extended beyond 3 months of the
25original filing deadline. In order to receive the extension
26provided in this paragraph, the applicant shall provide the

 

 

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1Chief County Assessment Officer with a signed statement from
2the applicant's physician, advanced practice registered nurse,
3or physician assistant stating the nature and extent of the
4condition, that, in the physician's, advanced practice
5registered nurse's, or physician assistant's opinion, the
6condition was so severe that it rendered the applicant
7incapable of filing the application in a timely manner, and the
8date on which the applicant regained the capability to file the
9application.
10    Beginning January 1, 1998, notwithstanding any other
11provision to the contrary, in counties having fewer than
123,000,000 inhabitants, if an applicant fails to file the
13application required by this Section in a timely manner and
14this failure to file is due to a mental or physical condition
15sufficiently severe so as to render the applicant incapable of
16filing the application in a timely manner, the Chief County
17Assessment Officer may extend the filing deadline for a period
18of 3 months. In order to receive the extension provided in this
19paragraph, the applicant shall provide the Chief County
20Assessment Officer with a signed statement from the applicant's
21physician, advanced practice registered nurse, or physician
22assistant stating the nature and extent of the condition, and
23that, in the physician's, advanced practice registered
24nurse's, or physician assistant's opinion, the condition was so
25severe that it rendered the applicant incapable of filing the
26application in a timely manner.

 

 

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1    In counties having less than 3,000,000 inhabitants, if an
2applicant was denied an exemption in taxable year 1994 and the
3denial occurred due to an error on the part of an assessment
4official, or his or her agent or employee, then beginning in
5taxable year 1997 the applicant's base year, for purposes of
6determining the amount of the exemption, shall be 1993 rather
7than 1994. In addition, in taxable year 1997, the applicant's
8exemption shall also include an amount equal to (i) the amount
9of any exemption denied to the applicant in taxable year 1995
10as a result of using 1994, rather than 1993, as the base year,
11(ii) the amount of any exemption denied to the applicant in
12taxable year 1996 as a result of using 1994, rather than 1993,
13as the base year, and (iii) the amount of the exemption
14erroneously denied for taxable year 1994.
15    For purposes of this Section, a person who will be 65 years
16of age during the current taxable year shall be eligible to
17apply for the homestead exemption during that taxable year.
18Application shall be made during the application period in
19effect for the county of his or her residence.
20    The Chief County Assessment Officer may determine the
21eligibility of a life care facility that qualifies as a
22cooperative to receive the benefits provided by this Section by
23use of an affidavit, application, visual inspection,
24questionnaire, or other reasonable method in order to insure
25that the tax savings resulting from the exemption are credited
26by the management firm to the apportioned tax liability of each

 

 

HB3472- 105 -LRB100 05726 SMS 15748 b

1qualifying resident. The Chief County Assessment Officer may
2request reasonable proof that the management firm has so
3credited that exemption.
4    Except as provided in this Section, all information
5received by the chief county assessment officer or the
6Department from applications filed under this Section, or from
7any investigation conducted under the provisions of this
8Section, shall be confidential, except for official purposes or
9pursuant to official procedures for collection of any State or
10local tax or enforcement of any civil or criminal penalty or
11sanction imposed by this Act or by any statute or ordinance
12imposing a State or local tax. Any person who divulges any such
13information in any manner, except in accordance with a proper
14judicial order, is guilty of a Class A misdemeanor.
15    Nothing contained in this Section shall prevent the
16Director or chief county assessment officer from publishing or
17making available reasonable statistics concerning the
18operation of the exemption contained in this Section in which
19the contents of claims are grouped into aggregates in such a
20way that information contained in any individual claim shall
21not be disclosed.
22    (d) Each Chief County Assessment Officer shall annually
23publish a notice of availability of the exemption provided
24under this Section. The notice shall be published at least 60
25days but no more than 75 days prior to the date on which the
26application must be submitted to the Chief County Assessment

 

 

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1Officer of the county in which the property is located. The
2notice shall appear in a newspaper of general circulation in
3the county.
4    Notwithstanding Sections 6 and 8 of the State Mandates Act,
5no reimbursement by the State is required for the
6implementation of any mandate created by this Section.
7(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
899-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.
97-28-16.)
 
10    Section 75. The Counties Code is amended by changing
11Sections 3-14049, 3-15003.6, and 5-1069 as follows:
 
12    (55 ILCS 5/3-14049)  (from Ch. 34, par. 3-14049)
13    Sec. 3-14049. Appointment of physicians and nurses for the
14poor and mentally ill persons. The appointment, employment and
15removal by the Board of Commissioners of Cook County of all
16physicians and surgeons, advanced practice registered nurses,
17physician assistants, and nurses for the care and treatment of
18the sick, poor, mentally ill or persons in need of mental
19treatment of said county shall be made only in conformity with
20rules prescribed by the County Civil Service Commission to
21accomplish the purposes of this Section.
22    The Board of Commissioners of Cook County may provide that
23all such physicians and surgeons who serve without compensation
24shall be appointed for a term to be fixed by the Board, and

 

 

HB3472- 107 -LRB100 05726 SMS 15748 b

1that the physicians and surgeons usually designated and known
2as interns shall be appointed for a term to be fixed by the
3Board: Provided, that there may also, at the discretion of the
4board, be a consulting staff of physicians and surgeons, which
5staff may be appointed by the president, subject to the
6approval of the board, and provided further, that the Board may
7contract with any recognized training school or any program for
8health professionals for health care services of any or all of
9such sick or mentally ill or persons in need of mental
10treatment.
11(Source: P.A. 99-581, eff. 1-1-17.)
 
12    (55 ILCS 5/3-15003.6)
13    Sec. 3-15003.6. Pregnant female prisoners.
14    (a) Definitions. For the purpose of this Section:
15        (1) "Restraints" means any physical restraint or
16    mechanical device used to control the movement of a
17    prisoner's body or limbs, or both, including, but not
18    limited to, flex cuffs, soft restraints, hard metal
19    handcuffs, a black box, Chubb cuffs, leg irons, belly
20    chains, a security (tether) chain, or a convex shield, or
21    shackles of any kind.
22        (2) "Labor" means the period of time before a birth and
23    shall include any medical condition in which a woman is
24    sent or brought to the hospital for the purpose of
25    delivering her baby. These situations include: induction

 

 

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1    of labor, prodromal labor, pre-term labor, prelabor
2    rupture of membranes, the 3 stages of active labor, uterine
3    hemorrhage during the third trimester of pregnancy, and
4    caesarian delivery including pre-operative preparation.
5        (3) "Post-partum" means, as determined by her
6    physician, advanced practice registered nurse, or
7    physician assistant, the period immediately following
8    delivery, including the entire period a woman is in the
9    hospital or infirmary after birth.
10        (4) "Correctional institution" means any entity under
11    the authority of a county law enforcement division of a
12    county of more than 3,000,000 inhabitants that has the
13    power to detain or restrain, or both, a person under the
14    laws of the State.
15        (5) "Corrections official" means the official that is
16    responsible for oversight of a correctional institution,
17    or his or her designee.
18        (6) "Prisoner" means any person incarcerated or
19    detained in any facility who is accused of, convicted of,
20    sentenced for, or adjudicated delinquent for, violations
21    of criminal law or the terms and conditions of parole,
22    probation, pretrial release, or diversionary program, and
23    any person detained under the immigration laws of the
24    United States at any correctional facility.
25        (7) "Extraordinary circumstance" means an
26    extraordinary medical or security circumstance, including

 

 

HB3472- 109 -LRB100 05726 SMS 15748 b

1    a substantial flight risk, that dictates restraints be used
2    to ensure the safety and security of the prisoner, the
3    staff of the correctional institution or medical facility,
4    other prisoners, or the public.
5    (b) A county department of corrections shall not apply
6security restraints to a prisoner that has been determined by a
7qualified medical professional to be pregnant and is known by
8the county department of corrections to be pregnant or in
9postpartum recovery, which is the entire period a woman is in
10the medical facility after birth, unless the corrections
11official makes an individualized determination that the
12prisoner presents a substantial flight risk or some other
13extraordinary circumstance that dictates security restraints
14be used to ensure the safety and security of the prisoner, her
15child or unborn child, the staff of the county department of
16corrections or medical facility, other prisoners, or the
17public. The protections set out in clauses (b)(3) and (b)(4) of
18this Section shall apply to security restraints used pursuant
19to this subsection. The corrections official shall immediately
20remove all restraints upon the written or oral request of
21medical personnel. Oral requests made by medical personnel
22shall be verified in writing as promptly as reasonably
23possible.
24        (1) Qualified authorized health staff shall have the
25    authority to order therapeutic restraints for a pregnant or
26    postpartum prisoner who is a danger to herself, her child,

 

 

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1    unborn child, or other persons due to a psychiatric or
2    medical disorder. Therapeutic restraints may only be
3    initiated, monitored and discontinued by qualified and
4    authorized health staff and used to safely limit a
5    prisoner's mobility for psychiatric or medical reasons. No
6    order for therapeutic restraints shall be written unless
7    medical or mental health personnel, after personally
8    observing and examining the prisoner, are clinically
9    satisfied that the use of therapeutic restraints is
10    justified and permitted in accordance with hospital
11    policies and applicable State law. Metal handcuffs or
12    shackles are not considered therapeutic restraints.
13        (2) Whenever therapeutic restraints are used by
14    medical personnel, Section 2-108 of the Mental Health and
15    Developmental Disabilities Code shall apply.
16        (3) Leg irons, shackles or waist shackles shall not be
17    used on any pregnant or postpartum prisoner regardless of
18    security classification. Except for therapeutic restraints
19    under clause (b)(2), no restraints of any kind may be
20    applied to prisoners during labor.
21        (4) When a pregnant or postpartum prisoner must be
22    restrained, restraints used shall be the least restrictive
23    restraints possible to ensure the safety and security of
24    the prisoner, her child, unborn child, the staff of the
25    county department of corrections or medical facility,
26    other prisoners, or the public, and in no case shall

 

 

HB3472- 111 -LRB100 05726 SMS 15748 b

1    include leg irons, shackles or waist shackles.
2        (5) Upon the pregnant prisoner's entry into a hospital
3    room, and completion of initial room inspection, a
4    corrections official shall be posted immediately outside
5    the hospital room, unless requested to be in the room by
6    medical personnel attending to the prisoner's medical
7    needs.
8        (6) The county department of corrections shall provide
9    adequate corrections personnel to monitor the pregnant
10    prisoner during her transport to and from the hospital and
11    during her stay at the hospital.
12        (7) Where the county department of corrections
13    requires prisoner safety assessments, a corrections
14    official may enter the hospital room to conduct periodic
15    prisoner safety assessments, except during a medical
16    examination or the delivery process.
17        (8) Upon discharge from a medical facility, postpartum
18    prisoners shall be restrained only with handcuffs in front
19    of the body during transport to the county department of
20    corrections. A corrections official shall immediately
21    remove all security restraints upon written or oral request
22    by medical personnel. Oral requests made by medical
23    personnel shall be verified in writing as promptly as
24    reasonably possible.
25    (c) Enforcement. No later than 30 days before the end of
26each fiscal year, the county sheriff or corrections official of

 

 

HB3472- 112 -LRB100 05726 SMS 15748 b

1the correctional institution where a pregnant prisoner has been
2restrained during that previous fiscal year, shall submit a
3written report to the Illinois General Assembly and the Office
4of the Governor that includes an account of every instance of
5prisoner restraint pursuant to this Section. The written report
6shall state the date, time, location and rationale for each
7instance in which restraints are used. The written report shall
8not contain any individually identifying information of any
9prisoner. Such reports shall be made available for public
10inspection.
11(Source: P.A. 99-581, eff. 1-1-17.)
 
12    (55 ILCS 5/5-1069)  (from Ch. 34, par. 5-1069)
13    Sec. 5-1069. Group life, health, accident, hospital, and
14medical insurance.
15    (a) The county board of any county may arrange to provide,
16for the benefit of employees of the county, group life, health,
17accident, hospital, and medical insurance, or any one or any
18combination of those types of insurance, or the county board
19may self-insure, for the benefit of its employees, all or a
20portion of the employees' group life, health, accident,
21hospital, and medical insurance, or any one or any combination
22of those types of insurance, including a combination of
23self-insurance and other types of insurance authorized by this
24Section, provided that the county board complies with all other
25requirements of this Section. The insurance may include

 

 

HB3472- 113 -LRB100 05726 SMS 15748 b

1provision for employees who rely on treatment by prayer or
2spiritual means alone for healing in accordance with the tenets
3and practice of a well recognized religious denomination. The
4county board may provide for payment by the county of a portion
5or all of the premium or charge for the insurance with the
6employee paying the balance of the premium or charge, if any.
7If the county board undertakes a plan under which the county
8pays only a portion of the premium or charge, the county board
9shall provide for withholding and deducting from the
10compensation of those employees who consent to join the plan
11the balance of the premium or charge for the insurance.
12    (b) If the county board does not provide for self-insurance
13or for a plan under which the county pays a portion or all of
14the premium or charge for a group insurance plan, the county
15board may provide for withholding and deducting from the
16compensation of those employees who consent thereto the total
17premium or charge for any group life, health, accident,
18hospital, and medical insurance.
19    (c) The county board may exercise the powers granted in
20this Section only if it provides for self-insurance or, where
21it makes arrangements to provide group insurance through an
22insurance carrier, if the kinds of group insurance are obtained
23from an insurance company authorized to do business in the
24State of Illinois. The county board may enact an ordinance
25prescribing the method of operation of the insurance program.
26    (d) If a county, including a home rule county, is a

 

 

HB3472- 114 -LRB100 05726 SMS 15748 b

1self-insurer for purposes of providing health insurance
2coverage for its employees, the insurance coverage shall
3include screening by low-dose mammography for all women 35
4years of age or older for the presence of occult breast cancer
5unless the county elects to provide mammograms itself under
6Section 5-1069.1. The coverage shall be as follows:
7         (1) A baseline mammogram for women 35 to 39 years of
8    age.
9         (2) An annual mammogram for women 40 years of age or
10    older.
11         (3) A mammogram at the age and intervals considered
12    medically necessary by the woman's health care provider for
13    women under 40 years of age and having a family history of
14    breast cancer, prior personal history of breast cancer,
15    positive genetic testing, or other risk factors.
16        (4) A comprehensive ultrasound screening of an entire
17    breast or breasts if a mammogram demonstrates
18    heterogeneous or dense breast tissue, when medically
19    necessary as determined by a physician licensed to practice
20    medicine in all of its branches, advanced practice
21    registered nurse, or physician assistant.
22    For purposes of this subsection, "low-dose mammography"
23means the x-ray examination of the breast using equipment
24dedicated specifically for mammography, including the x-ray
25tube, filter, compression device, and image receptor, with an
26average radiation exposure delivery of less than one rad per

 

 

HB3472- 115 -LRB100 05726 SMS 15748 b

1breast for 2 views of an average size breast. The term also
2includes digital mammography.
3    (d-5) Coverage as described by subsection (d) shall be
4provided at no cost to the insured and shall not be applied to
5an annual or lifetime maximum benefit.
6    (d-10) When health care services are available through
7contracted providers and a person does not comply with plan
8provisions specific to the use of contracted providers, the
9requirements of subsection (d-5) are not applicable. When a
10person does not comply with plan provisions specific to the use
11of contracted providers, plan provisions specific to the use of
12non-contracted providers must be applied without distinction
13for coverage required by this Section and shall be at least as
14favorable as for other radiological examinations covered by the
15policy or contract.
16    (d-15) If a county, including a home rule county, is a
17self-insurer for purposes of providing health insurance
18coverage for its employees, the insurance coverage shall
19include mastectomy coverage, which includes coverage for
20prosthetic devices or reconstructive surgery incident to the
21mastectomy. Coverage for breast reconstruction in connection
22with a mastectomy shall include:
23        (1) reconstruction of the breast upon which the
24    mastectomy has been performed;
25        (2) surgery and reconstruction of the other breast to
26    produce a symmetrical appearance; and

 

 

HB3472- 116 -LRB100 05726 SMS 15748 b

1        (3) prostheses and treatment for physical
2    complications at all stages of mastectomy, including
3    lymphedemas.
4Care shall be determined in consultation with the attending
5physician and the patient. The offered coverage for prosthetic
6devices and reconstructive surgery shall be subject to the
7deductible and coinsurance conditions applied to the
8mastectomy, and all other terms and conditions applicable to
9other benefits. When a mastectomy is performed and there is no
10evidence of malignancy then the offered coverage may be limited
11to the provision of prosthetic devices and reconstructive
12surgery to within 2 years after the date of the mastectomy. As
13used in this Section, "mastectomy" means the removal of all or
14part of the breast for medically necessary reasons, as
15determined by a licensed physician.
16    A county, including a home rule county, that is a
17self-insurer for purposes of providing health insurance
18coverage for its employees, may not penalize or reduce or limit
19the reimbursement of an attending provider or provide
20incentives (monetary or otherwise) to an attending provider to
21induce the provider to provide care to an insured in a manner
22inconsistent with this Section.
23    (d-20) The requirement that mammograms be included in
24health insurance coverage as provided in subsections (d)
25through (d-15) is an exclusive power and function of the State
26and is a denial and limitation under Article VII, Section 6,

 

 

HB3472- 117 -LRB100 05726 SMS 15748 b

1subsection (h) of the Illinois Constitution of home rule county
2powers. A home rule county to which subsections (d) through
3(d-15) apply must comply with every provision of those
4subsections.
5    (e) The term "employees" as used in this Section includes
6elected or appointed officials but does not include temporary
7employees.
8    (f) The county board may, by ordinance, arrange to provide
9group life, health, accident, hospital, and medical insurance,
10or any one or a combination of those types of insurance, under
11this Section to retired former employees and retired former
12elected or appointed officials of the county.
13    (g) Rulemaking authority to implement this amendatory Act
14of the 95th General Assembly, if any, is conditioned on the
15rules being adopted in accordance with all provisions of the
16Illinois Administrative Procedure Act and all rules and
17procedures of the Joint Committee on Administrative Rules; any
18purported rule not so adopted, for whatever reason, is
19unauthorized.
20(Source: P.A. 99-581, eff. 1-1-17.)
 
21    Section 80. The Illinois Municipal Code is amended by
22changing Sections 10-1-38.1 and 10-2.1-18 as follows:
 
23    (65 ILCS 5/10-1-38.1)  (from Ch. 24, par. 10-1-38.1)
24    Sec. 10-1-38.1. When the force of the Fire Department or of

 

 

HB3472- 118 -LRB100 05726 SMS 15748 b

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

 

 

HB3472- 119 -LRB100 05726 SMS 15748 b

1Department or of the Police Department as are furloughed from
2the said positions shall be notified by registered mail of such
3reinstatement of positions and shall have prior right to such
4positions if otherwise qualified, and in all cases seniority
5shall prevail. Written application for such reinstated
6position must be made by the furloughed person within 30 days
7after notification as above provided and such person may be
8required to submit to examination by physicians, advanced
9practice registered nurses, or physician assistants of both the
10commission and the appropriate pension board to determine his
11physical fitness.
12(Source: P.A. 99-581, eff. 1-1-17.)
 
13    (65 ILCS 5/10-2.1-18)  (from Ch. 24, par. 10-2.1-18)
14    Sec. 10-2.1-18. Fire or police departments - Reduction of
15force - Reinstatement. When the force of the fire department or
16of the police department is reduced, and positions displaced or
17abolished, seniority shall prevail and the officers and members
18so reduced in rank, or removed from the service of the fire
19department or of the police department shall be considered
20furloughed without pay from the positions from which they were
21reduced or removed.
22    Such reductions and removals shall be in strict compliance
23with seniority and in no event shall any officer or member be
24reduced more than one rank in a reduction of force. Officers
25and members with the least seniority in the position to be

 

 

HB3472- 120 -LRB100 05726 SMS 15748 b

1reduced shall be reduced to the next lower rated position. For
2purposes of determining which officers and members will be
3reduced in rank, seniority shall be determined by adding the
4time spent at the rank or position from which the officer or
5member is to be reduced and the time spent at any higher rank
6or position in the Department. For purposes of determining
7which officers or members in the lowest rank or position shall
8be removed from the Department in the event of a layoff, length
9of service in the Department shall be the basis for determining
10seniority, with the least senior such officer or member being
11the first so removed and laid off. Such officers or members
12laid off shall have their names placed on an appropriate
13reemployment list in the reverse order of dates of layoff.
14    If any positions which have been vacated because of
15reduction in forces or displacement and abolition of positions,
16are reinstated, such members and officers of the fire
17department or of the police department as are furloughed from
18the said positions shall be notified by the board by registered
19mail of such reinstatement of positions and shall have prior
20right to such positions if otherwise qualified, and in all
21cases seniority shall prevail. Written application for such
22reinstated position must be made by the furloughed person
23within 30 days after notification as above provided and such
24person may be required to submit to examination by physicians,
25advanced practice registered nurses, or physician assistants
26of both the board of fire and police commissioners and the

 

 

HB3472- 121 -LRB100 05726 SMS 15748 b

1appropriate pension board to determine his physical fitness.
2(Source: P.A. 99-581, eff. 1-1-17.)
 
3    Section 85. The School Code is amended by changing Sections
422-30, 22-80, 24-5, 24-6, 26-1, and 27-8.1 as follows:
 
5    (105 ILCS 5/22-30)
6    Sec. 22-30. Self-administration and self-carry of asthma
7medication and epinephrine auto-injectors; administration of
8undesignated epinephrine auto-injectors; administration of an
9opioid antagonist; asthma episode emergency response protocol.
10    (a) For the purpose of this Section only, the following
11terms shall have the meanings set forth below:
12    "Asthma action plan" means a written plan developed with a
13pupil's medical provider to help control the pupil's asthma.
14The goal of an asthma action plan is to reduce or prevent
15flare-ups and emergency department visits through day-to-day
16management and to serve as a student-specific document to be
17referenced in the event of an asthma episode.
18    "Asthma episode emergency response protocol" means a
19procedure to provide assistance to a pupil experiencing
20symptoms of wheezing, coughing, shortness of breath, chest
21tightness, or breathing difficulty.
22    "Asthma inhaler" means a quick reliever asthma inhaler.
23    "Epinephrine auto-injector" means a single-use device used
24for the automatic injection of a pre-measured dose of

 

 

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1epinephrine into the human body.
2    "Asthma medication" means a medicine, prescribed by (i) a
3physician licensed to practice medicine in all its branches,
4(ii) a licensed physician assistant with prescriptive
5authority, or (iii) a licensed advanced practice registered
6nurse with prescriptive authority for a pupil that pertains to
7the pupil's asthma and that has an individual prescription
8label.
9    "Opioid antagonist" means a drug that binds to opioid
10receptors and blocks or inhibits the effect of opioids acting
11on those receptors, including, but not limited to, naloxone
12hydrochloride or any other similarly acting drug approved by
13the U.S. Food and Drug Administration.
14    "School nurse" means a registered nurse working in a school
15with or without licensure endorsed in school nursing.
16    "Self-administration" means a pupil's discretionary use of
17his or her prescribed asthma medication or epinephrine
18auto-injector.
19    "Self-carry" means a pupil's ability to carry his or her
20prescribed asthma medication or epinephrine auto-injector.
21    "Standing protocol" may be issued by (i) a physician
22licensed to practice medicine in all its branches, (ii) a
23licensed physician assistant with prescriptive authority, or
24(iii) a licensed advanced practice registered nurse with
25prescriptive authority.
26    "Trained personnel" means any school employee or volunteer

 

 

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1personnel authorized in Sections 10-22.34, 10-22.34a, and
210-22.34b of this Code who has completed training under
3subsection (g) of this Section to recognize and respond to
4anaphylaxis.
5    "Undesignated epinephrine auto-injector" means an
6epinephrine auto-injector prescribed in the name of a school
7district, public school, or nonpublic school.
8    (b) A school, whether public or nonpublic, must permit the
9self-administration and self-carry of asthma medication by a
10pupil with asthma or the self-administration and self-carry of
11an epinephrine auto-injector by a pupil, provided that:
12        (1) the parents or guardians of the pupil provide to
13    the school (i) written authorization from the parents or
14    guardians for (A) the self-administration and self-carry
15    of asthma medication or (B) the self-carry of asthma
16    medication or (ii) for (A) the self-administration and
17    self-carry of an epinephrine auto-injector or (B) the
18    self-carry of an epinephrine auto-injector, written
19    authorization from the pupil's physician, physician
20    assistant, or advanced practice registered nurse; and
21        (2) the parents or guardians of the pupil provide to
22    the school (i) the prescription label, which must contain
23    the name of the asthma medication, the prescribed dosage,
24    and the time at which or circumstances under which the
25    asthma medication is to be administered, or (ii) for the
26    self-administration or self-carry of an epinephrine

 

 

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1    auto-injector, a written statement from the pupil's
2    physician, physician assistant, or advanced practice
3    registered nurse containing the following information:
4            (A) the name and purpose of the epinephrine
5        auto-injector;
6            (B) the prescribed dosage; and
7            (C) the time or times at which or the special
8        circumstances under which the epinephrine
9        auto-injector is to be administered.
10The information provided shall be kept on file in the office of
11the school nurse or, in the absence of a school nurse, the
12school's administrator.
13    (b-5) A school district, public school, or nonpublic school
14may authorize the provision of a student-specific or
15undesignated epinephrine auto-injector to a student or any
16personnel authorized under a student's Individual Health Care
17Action Plan, Illinois Food Allergy Emergency Action Plan and
18Treatment Authorization Form, or plan pursuant to Section 504
19of the federal Rehabilitation Act of 1973 to administer an
20epinephrine auto-injector to the student, that meets the
21student's prescription on file.
22    (b-10) The school district, public school, or nonpublic
23school may authorize a school nurse or trained personnel to do
24the following: (i) provide an undesignated epinephrine
25auto-injector to a student for self-administration only or any
26personnel authorized under a student's Individual Health Care

 

 

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1Action Plan, Illinois Food Allergy Emergency Action Plan and
2Treatment Authorization Form, or plan pursuant to Section 504
3of the federal Rehabilitation Act of 1973 to administer to the
4student, that meets the student's prescription on file; (ii)
5administer an undesignated epinephrine auto-injector that
6meets the prescription on file to any student who has an
7Individual Health Care Action Plan, Illinois Food Allergy
8Emergency Action Plan and Treatment Authorization Form, or plan
9pursuant to Section 504 of the federal Rehabilitation Act of
101973 that authorizes the use of an epinephrine auto-injector;
11(iii) administer an undesignated epinephrine auto-injector to
12any person that the school nurse or trained personnel in good
13faith believes is having an anaphylactic reaction; and (iv)
14administer an opioid antagonist to any person that the school
15nurse or trained personnel in good faith believes is having an
16opioid overdose.
17    (c) The school district, public school, or nonpublic school
18must inform the parents or guardians of the pupil, in writing,
19that the school district, public school, or nonpublic school
20and its employees and agents, including a physician, physician
21assistant, or advanced practice registered nurse providing
22standing protocol or prescription for school epinephrine
23auto-injectors, are to incur no liability or professional
24discipline, except for willful and wanton conduct, as a result
25of any injury arising from the administration of asthma
26medication, an epinephrine auto-injector, or an opioid

 

 

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1antagonist regardless of whether authorization was given by the
2pupil's parents or guardians or by the pupil's physician,
3physician assistant, or advanced practice registered nurse.
4The parents or guardians of the pupil must sign a statement
5acknowledging that the school district, public school, or
6nonpublic school and its employees and agents are to incur no
7liability, except for willful and wanton conduct, as a result
8of any injury arising from the administration of asthma
9medication, an epinephrine auto-injector, or an opioid
10antagonist regardless of whether authorization was given by the
11pupil's parents or guardians or by the pupil's physician,
12physician assistant, or advanced practice registered nurse and
13that the parents or guardians must indemnify and hold harmless
14the school district, public school, or nonpublic school and its
15employees and agents against any claims, except a claim based
16on willful and wanton conduct, arising out of the
17administration of asthma medication, an epinephrine
18auto-injector, or an opioid antagonist regardless of whether
19authorization was given by the pupil's parents or guardians or
20by the pupil's physician, physician assistant, or advanced
21practice registered nurse.
22    (c-5) When a school nurse or trained personnel administers
23an undesignated epinephrine auto-injector to a person whom the
24school nurse or trained personnel in good faith believes is
25having an anaphylactic reaction or administers an opioid
26antagonist to a person whom the school nurse or trained

 

 

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

 

 

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1(iii) while under the supervision of school personnel, or (iv)
2before or after normal school activities, such as while in
3before-school or after-school care on school-operated property
4or while being transported on a school bus.
5    (e-5) Provided that the requirements of this Section are
6fulfilled, a school nurse or trained personnel may administer
7an undesignated epinephrine auto-injector to any person whom
8the school nurse or trained personnel in good faith believes to
9be having an anaphylactic reaction (i) while in school, (ii)
10while at a school-sponsored activity, (iii) while under the
11supervision of school personnel, or (iv) before or after normal
12school activities, such as while in before-school or
13after-school care on school-operated property or while being
14transported on a school bus. A school nurse or trained
15personnel may carry undesignated epinephrine auto-injectors on
16his or her person while in school or at a school-sponsored
17activity.
18    (e-10) Provided that the requirements of this Section are
19fulfilled, a school nurse or trained personnel may administer
20an opioid antagonist to any person whom the school nurse or
21trained personnel in good faith believes to be having an opioid
22overdose (i) while in school, (ii) while at a school-sponsored
23activity, (iii) while under the supervision of school
24personnel, or (iv) before or after normal school activities,
25such as while in before-school or after-school care on
26school-operated property. A school nurse or trained personnel

 

 

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1may carry an opioid antagonist on their person while in school
2or at a school-sponsored activity.
3    (f) The school district, public school, or nonpublic school
4may maintain a supply of undesignated epinephrine
5auto-injectors in any secure location that is accessible
6before, during, and after school where an allergic person is
7most at risk, including, but not limited to, classrooms and
8lunchrooms. A physician, a physician assistant who has been
9delegated prescriptive authority in accordance with Section
107.5 of the Physician Assistant Practice Act of 1987, or an
11advanced practice registered nurse who has been delegated
12prescriptive authority in accordance with Section 65-40 of the
13Nurse Practice Act may prescribe undesignated epinephrine
14auto-injectors in the name of the school district, public
15school, or nonpublic school to be maintained for use when
16necessary. Any supply of epinephrine auto-injectors shall be
17maintained in accordance with the manufacturer's instructions.
18    The school district, public school, or nonpublic school may
19maintain a supply of an opioid antagonist in any secure
20location where an individual may have an opioid overdose. A
21health care professional who has been delegated prescriptive
22authority for opioid antagonists in accordance with Section
235-23 of the Alcoholism and Other Drug Abuse and Dependency Act
24may prescribe opioid antagonists in the name of the school
25district, public school, or nonpublic school, to be maintained
26for use when necessary. Any supply of opioid antagonists shall

 

 

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1be maintained in accordance with the manufacturer's
2instructions.
3    (f-3) Whichever entity initiates the process of obtaining
4undesignated epinephrine auto-injectors and providing training
5to personnel for carrying and administering undesignated
6epinephrine auto-injectors shall pay for the costs of the
7undesignated epinephrine auto-injectors.
8    (f-5) Upon any administration of an epinephrine
9auto-injector, a school district, public school, or nonpublic
10school must immediately activate the EMS system and notify the
11student's parent, guardian, or emergency contact, if known.
12    Upon any administration of an opioid antagonist, a school
13district, public school, or nonpublic school must immediately
14activate the EMS system and notify the student's parent,
15guardian, or emergency contact, if known.
16    (f-10) Within 24 hours of the administration of an
17undesignated epinephrine auto-injector, a school district,
18public school, or nonpublic school must notify the physician,
19physician assistant, or advanced practice registered nurse who
20provided the standing protocol or prescription for the
21undesignated epinephrine auto-injector of its use.
22    Within 24 hours after the administration of an opioid
23antagonist, a school district, public school, or nonpublic
24school must notify the health care professional who provided
25the prescription for the opioid antagonist of its use.
26    (g) Prior to the administration of an undesignated

 

 

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1epinephrine auto-injector, trained personnel must submit to
2their school's administration proof of completion of a training
3curriculum to recognize and respond to anaphylaxis that meets
4the requirements of subsection (h) of this Section. Training
5must be completed annually. their The school district, public
6school, or nonpublic school must maintain records related to
7the training curriculum and trained personnel.
8    Prior to the administration of an opioid antagonist,
9trained personnel must submit to their school's administration
10proof of completion of a training curriculum to recognize and
11respond to an opioid overdose, which curriculum must meet the
12requirements of subsection (h-5) of this Section. Training must
13be completed annually. Trained personnel must also submit to
14the school's administration proof of cardiopulmonary
15resuscitation and automated external defibrillator
16certification. The school district, public school, or
17nonpublic school must maintain records relating to the training
18curriculum and the trained personnel.
19    (h) A training curriculum to recognize and respond to
20anaphylaxis, including the administration of an undesignated
21epinephrine auto-injector, may be conducted online or in
22person.
23    Training shall include, but is not limited to:
24        (1) how to recognize signs and symptoms of an allergic
25    reaction, including anaphylaxis;
26        (2) how to administer an epinephrine auto-injector;

 

 

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1    and
2        (3) a test demonstrating competency of the knowledge
3    required to recognize anaphylaxis and administer an
4    epinephrine auto-injector.
5    Training may also include, but is not limited to:
6        (A) a review of high-risk areas within a school and its
7    related facilities;
8        (B) steps to take to prevent exposure to allergens;
9        (C) emergency follow-up procedures;
10        (D) how to respond to a student with a known allergy,
11    as well as a student with a previously unknown allergy; and
12        (E) other criteria as determined in rules adopted
13    pursuant to this Section.
14    In consultation with statewide professional organizations
15representing physicians licensed to practice medicine in all of
16its branches, registered nurses, and school nurses, the State
17Board of Education shall make available resource materials
18consistent with criteria in this subsection (h) for educating
19trained personnel to recognize and respond to anaphylaxis. The
20State Board may take into consideration the curriculum on this
21subject developed by other states, as well as any other
22curricular materials suggested by medical experts and other
23groups that work on life-threatening allergy issues. The State
24Board is not required to create new resource materials. The
25State Board shall make these resource materials available on
26its Internet website.

 

 

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1    (h-5) A training curriculum to recognize and respond to an
2opioid overdose, including the administration of an opioid
3antagonist, may be conducted online or in person. The training
4must comply with any training requirements under Section 5-23
5of the Alcoholism and Other Drug Abuse and Dependency Act and
6the corresponding rules. It must include, but is not limited
7to:
8        (1) how to recognize symptoms of an opioid overdose;
9        (2) information on drug overdose prevention and
10    recognition;
11        (3) how to perform rescue breathing and resuscitation;
12        (4) how to respond to an emergency involving an opioid
13    overdose;
14        (5) opioid antagonist dosage and administration;
15        (6) the importance of calling 911;
16        (7) care for the overdose victim after administration
17    of the overdose antagonist;
18        (8) a test demonstrating competency of the knowledge
19    required to recognize an opioid overdose and administer a
20    dose of an opioid antagonist; and
21        (9) other criteria as determined in rules adopted
22    pursuant to this Section.
23    (i) Within 3 days after the administration of an
24undesignated epinephrine auto-injector by a school nurse,
25trained personnel, or a student at a school or school-sponsored
26activity, the school must report to the State Board of

 

 

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1Education in a form and manner prescribed by the State Board
2the following information:
3        (1) age and type of person receiving epinephrine
4    (student, staff, visitor);
5        (2) any previously known diagnosis of a severe allergy;
6        (3) trigger that precipitated allergic episode;
7        (4) location where symptoms developed;
8        (5) number of doses administered;
9        (6) type of person administering epinephrine (school
10    nurse, trained personnel, student); and
11        (7) any other information required by the State Board.
12    If a school district, public school, or nonpublic school
13maintains or has an independent contractor providing
14transportation to students who maintains a supply of
15undesignated epinephrine auto-injectors, then the school
16district, public school, or nonpublic school must report that
17information to the State Board of Education upon adoption or
18change of the policy of the school district, public school,
19nonpublic school, or independent contractor, in a manner as
20prescribed by the State Board. The report must include the
21number of undesignated epinephrine auto-injectors in supply.
22    (i-5) Within 3 days after the administration of an opioid
23antagonist by a school nurse or trained personnel, the school
24must report to the State Board of Education, in a form and
25manner prescribed by the State Board, the following
26information:

 

 

HB3472- 135 -LRB100 05726 SMS 15748 b

1        (1) the age and type of person receiving the opioid
2    antagonist (student, staff, or visitor);
3        (2) the location where symptoms developed;
4        (3) the type of person administering the opioid
5    antagonist (school nurse or trained personnel); and
6        (4) any other information required by the State Board.
7    (j) By October 1, 2015 and every year thereafter, the State
8Board of Education shall submit a report to the General
9Assembly identifying the frequency and circumstances of
10epinephrine administration during the preceding academic year.
11Beginning with the 2017 report, the report shall also contain
12information on which school districts, public schools, and
13nonpublic schools maintain or have independent contractors
14providing transportation to students who maintain a supply of
15undesignated epinephrine auto-injectors. This report shall be
16published on the State Board's Internet website on the date the
17report is delivered to the General Assembly.
18    (j-5) Annually, each school district, public school,
19charter school, or nonpublic school shall request an asthma
20action plan from the parents or guardians of a pupil with
21asthma. If provided, the asthma action plan must be kept on
22file in the office of the school nurse or, in the absence of a
23school nurse, the school administrator. Copies of the asthma
24action plan may be distributed to appropriate school staff who
25interact with the pupil on a regular basis, and, if applicable,
26may be attached to the pupil's federal Section 504 plan or

 

 

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1individualized education program plan.
2    (j-10) To assist schools with emergency response
3procedures for asthma, the State Board of Education, in
4consultation with statewide professional organizations with
5expertise in asthma management and a statewide organization
6representing school administrators, shall develop a model
7asthma episode emergency response protocol before September 1,
82016. Each school district, charter school, and nonpublic
9school shall adopt an asthma episode emergency response
10protocol before January 1, 2017 that includes all of the
11components of the State Board's model protocol.
12    (j-15) Every 2 years, school personnel who work with pupils
13shall complete an in-person or online training program on the
14management of asthma, the prevention of asthma symptoms, and
15emergency response in the school setting. In consultation with
16statewide professional organizations with expertise in asthma
17management, the State Board of Education shall make available
18resource materials for educating school personnel about asthma
19and emergency response in the school setting.
20    (j-20) On or before October 1, 2016 and every year
21thereafter, the State Board of Education shall submit a report
22to the General Assembly and the Department of Public Health
23identifying the frequency and circumstances of opioid
24antagonist administration during the preceding academic year.
25This report shall be published on the State Board's Internet
26website on the date the report is delivered to the General

 

 

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1Assembly.
2    (k) The State Board of Education may adopt rules necessary
3to implement this Section.
4    (l) Nothing in this Section shall limit the amount of
5epinephrine auto-injectors that any type of school or student
6may carry or maintain a supply of.
7(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
899-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;
999-843, eff. 8-19-16; revised 9-8-16.)
 
10    (105 ILCS 5/22-80)
11    Sec. 22-80. Student athletes; concussions and head
12injuries.
13    (a) The General Assembly recognizes all of the following:
14        (1) Concussions are one of the most commonly reported
15    injuries in children and adolescents who participate in
16    sports and recreational activities. The Centers for
17    Disease Control and Prevention estimates that as many as
18    3,900,000 sports-related and recreation-related
19    concussions occur in the United States each year. A
20    concussion is caused by a blow or motion to the head or
21    body that causes the brain to move rapidly inside the
22    skull. The risk of catastrophic injuries or death are
23    significant when a concussion or head injury is not
24    properly evaluated and managed.
25        (2) Concussions are a type of brain injury that can

 

 

HB3472- 138 -LRB100 05726 SMS 15748 b

1    range from mild to severe and can disrupt the way the brain
2    normally works. Concussions can occur in any organized or
3    unorganized sport or recreational activity and can result
4    from a fall or from players colliding with each other, the
5    ground, or with obstacles. Concussions occur with or
6    without loss of consciousness, but the vast majority of
7    concussions occur without loss of consciousness.
8        (3) Continuing to play with a concussion or symptoms of
9    a head injury leaves a young athlete especially vulnerable
10    to greater injury and even death. The General Assembly
11    recognizes that, despite having generally recognized
12    return-to-play standards for concussions and head
13    injuries, some affected youth athletes are prematurely
14    returned to play, resulting in actual or potential physical
15    injury or death to youth athletes in this State.
16        (4) Student athletes who have sustained a concussion
17    may need informal or formal accommodations, modifications
18    of curriculum, and monitoring by medical or academic staff
19    until the student is fully recovered. To that end, all
20    schools are encouraged to establish a return-to-learn
21    protocol that is based on peer-reviewed scientific
22    evidence consistent with Centers for Disease Control and
23    Prevention guidelines and conduct baseline testing for
24    student athletes.
25    (b) In this Section:
26    "Athletic trainer" means an athletic trainer licensed

 

 

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1under the Illinois Athletic Trainers Practice Act.
2    "Coach" means any volunteer or employee of a school who is
3responsible for organizing and supervising students to teach
4them or train them in the fundamental skills of an
5interscholastic athletic activity. "Coach" refers to both head
6coaches and assistant coaches.
7    "Concussion" means a complex pathophysiological process
8affecting the brain caused by a traumatic physical force or
9impact to the head or body, which may include temporary or
10prolonged altered brain function resulting in physical,
11cognitive, or emotional symptoms or altered sleep patterns and
12which may or may not involve a loss of consciousness.
13    "Department" means the Department of Financial and
14Professional Regulation.
15    "Game official" means a person who officiates at an
16interscholastic athletic activity, such as a referee or umpire,
17including, but not limited to, persons enrolled as game
18officials by the Illinois High School Association or Illinois
19Elementary School Association.
20    "Interscholastic athletic activity" means any organized
21school-sponsored or school-sanctioned activity for students,
22generally outside of school instructional hours, under the
23direction of a coach, athletic director, or band leader,
24including, but not limited to, baseball, basketball,
25cheerleading, cross country track, fencing, field hockey,
26football, golf, gymnastics, ice hockey, lacrosse, marching

 

 

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1band, rugby, soccer, skating, softball, swimming and diving,
2tennis, track (indoor and outdoor), ultimate Frisbee,
3volleyball, water polo, and wrestling. All interscholastic
4athletics are deemed to be interscholastic activities.
5    "Licensed healthcare professional" means a person who has
6experience with concussion management and who is a nurse, a
7psychologist who holds a license under the Clinical
8Psychologist Licensing Act and specializes in the practice of
9neuropsychology, a physical therapist licensed under the
10Illinois Physical Therapy Act, an occupational therapist
11licensed under the Illinois Occupational Therapy Practice Act.
12    "Nurse" means a person who is employed by or volunteers at
13a school and is licensed under the Nurse Practice Act as a
14registered nurse, practical nurse, or advanced practice
15registered nurse.
16    "Physician" means a physician licensed to practice
17medicine in all of its branches under the Medical Practice Act
18of 1987.
19    "School" means any public or private elementary or
20secondary school, including a charter school.
21    "Student" means an adolescent or child enrolled in a
22school.
23    (c) This Section applies to any interscholastic athletic
24activity, including practice and competition, sponsored or
25sanctioned by a school, the Illinois Elementary School
26Association, or the Illinois High School Association. This

 

 

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1Section applies beginning with the 2016-2017 school year.
2    (d) The governing body of each public or charter school and
3the appropriate administrative officer of a private school with
4students enrolled who participate in an interscholastic
5athletic activity shall appoint or approve a concussion
6oversight team. Each concussion oversight team shall establish
7a return-to-play protocol, based on peer-reviewed scientific
8evidence consistent with Centers for Disease Control and
9Prevention guidelines, for a student's return to
10interscholastic athletics practice or competition following a
11force or impact believed to have caused a concussion. Each
12concussion oversight team shall also establish a
13return-to-learn protocol, based on peer-reviewed scientific
14evidence consistent with Centers for Disease Control and
15Prevention guidelines, for a student's return to the classroom
16after that student is believed to have experienced a
17concussion, whether or not the concussion took place while the
18student was participating in an interscholastic athletic
19activity.
20    Each concussion oversight team must include to the extent
21practicable at least one physician. If a school employs an
22athletic trainer, the athletic trainer must be a member of the
23school concussion oversight team to the extent practicable. If
24a school employs a nurse, the nurse must be a member of the
25school concussion oversight team to the extent practicable. At
26a minimum, a school shall appoint a person who is responsible

 

 

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

 

 

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1        (7) any other person deemed appropriate under the
2    school's return-to-play protocol.
3    (g) A student removed from an interscholastic athletics
4practice or competition under this Section may not be permitted
5to practice or compete again following the force or impact
6believed to have caused the concussion until:
7        (1) the student has been evaluated, using established
8    medical protocols based on peer-reviewed scientific
9    evidence consistent with Centers for Disease Control and
10    Prevention guidelines, by a treating physician (chosen by
11    the student or the student's parent or guardian or another
12    person with legal authority to make medical decisions for
13    the student) or an athletic trainer working under the
14    supervision of a physician;
15        (2) the student has successfully completed each
16    requirement of the return-to-play protocol established
17    under this Section necessary for the student to return to
18    play;
19        (3) the student has successfully completed each
20    requirement of the return-to-learn protocol established
21    under this Section necessary for the student to return to
22    learn;
23        (4) the treating physician or athletic trainer working
24    under the supervision of a physician has provided a written
25    statement indicating that, in the physician's professional
26    judgment, it is safe for the student to return to play and

 

 

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1    return to learn; and
2        (5) the student and the student's parent or guardian or
3    another person with legal authority to make medical
4    decisions for the student:
5            (A) have acknowledged that the student has
6        completed the requirements of the return-to-play and
7        return-to-learn protocols necessary for the student to
8        return to play;
9            (B) have provided the treating physician's or
10        athletic trainer's written statement under subdivision
11        (4) of this subsection (g) to the person responsible
12        for compliance with the return-to-play and
13        return-to-learn protocols under this subsection (g)
14        and the person who has supervisory responsibilities
15        under this subsection (g); and
16            (C) have signed a consent form indicating that the
17        person signing:
18                (i) has been informed concerning and consents
19            to the student participating in returning to play
20            in accordance with the return-to-play and
21            return-to-learn protocols;
22                (ii) understands the risks associated with the
23            student returning to play and returning to learn
24            and will comply with any ongoing requirements in
25            the return-to-play and return-to-learn protocols;
26            and

 

 

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1                (iii) consents to the disclosure to
2            appropriate persons, consistent with the federal
3            Health Insurance Portability and Accountability
4            Act of 1996 (Public Law 104-191), of the treating
5            physician's or athletic trainer's written
6            statement under subdivision (4) of this subsection
7            (g) and, if any, the return-to-play and
8            return-to-learn recommendations of the treating
9            physician or the athletic trainer, as the case may
10            be.
11    A coach of an interscholastic athletics team may not
12authorize a student's return to play or return to learn.
13    The district superintendent or the superintendent's
14designee in the case of a public elementary or secondary
15school, the chief school administrator or that person's
16designee in the case of a charter school, or the appropriate
17administrative officer or that person's designee in the case of
18a private school shall supervise an athletic trainer or other
19person responsible for compliance with the return-to-play
20protocol and shall supervise the person responsible for
21compliance with the return-to-learn protocol. The person who
22has supervisory responsibilities under this paragraph may not
23be a coach of an interscholastic athletics team.
24    (h)(1) The Illinois High School Association shall approve,
25for coaches and game officials of interscholastic athletic
26activities, training courses that provide for not less than 2

 

 

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1hours of training in the subject matter of concussions,
2including evaluation, prevention, symptoms, risks, and
3long-term effects. The Association shall maintain an updated
4list of individuals and organizations authorized by the
5Association to provide the training.
6    (2) The following persons must take a training course in
7accordance with paragraph (4) of this subsection (h) from an
8authorized training provider at least once every 2 years:
9        (A) a coach of an interscholastic athletic activity;
10        (B) a nurse who serves as a member of a concussion
11    oversight team and is an employee, representative, or agent
12    of a school;
13        (C) a game official of an interscholastic athletic
14    activity; and
15        (D) a nurse who serves on a volunteer basis as a member
16    of a concussion oversight team for a school.
17    (3) A physician who serves as a member of a concussion
18oversight team shall, to the greatest extent practicable,
19periodically take an appropriate continuing medical education
20course in the subject matter of concussions.
21    (4) For purposes of paragraph (2) of this subsection (h):
22        (A) a coach or game officials, as the case may be, must
23    take a course described in paragraph (1) of this subsection
24    (h).
25        (B) an athletic trainer must take a concussion-related
26    continuing education course from an athletic trainer

 

 

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1    continuing education sponsor approved by the Department;
2    and
3        (C) a nurse must take a course concerning the subject
4    matter of concussions that has been approved for continuing
5    education credit by the Department.
6    (5) Each person described in paragraph (2) of this
7subsection (h) must submit proof of timely completion of an
8approved course in compliance with paragraph (4) of this
9subsection (h) to the district superintendent or the
10superintendent's designee in the case of a public elementary or
11secondary school, the chief school administrator or that
12person's designee in the case of a charter school, or the
13appropriate administrative officer or that person's designee
14in the case of a private school.
15    (6) A physician, athletic trainer, or nurse who is not in
16compliance with the training requirements under this
17subsection (h) may not serve on a concussion oversight team in
18any capacity.
19    (7) A person required under this subsection (h) to take a
20training course in the subject of concussions must initially
21complete the training not later than September 1, 2016.
22    (i) The governing body of each public or charter school and
23the appropriate administrative officer of a private school with
24students enrolled who participate in an interscholastic
25athletic activity shall develop a school-specific emergency
26action plan for interscholastic athletic activities to address

 

 

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1the serious injuries and acute medical conditions in which the
2condition of the student may deteriorate rapidly. The plan
3shall include a delineation of roles, methods of communication,
4available emergency equipment, and access to and a plan for
5emergency transport. This emergency action plan must be:
6        (1) in writing;
7        (2) reviewed by the concussion oversight team;
8        (3) approved by the district superintendent or the
9    superintendent's designee in the case of a public
10    elementary or secondary school, the chief school
11    administrator or that person's designee in the case of a
12    charter school, or the appropriate administrative officer
13    or that person's designee in the case of a private school;
14        (4) distributed to all appropriate personnel;
15        (5) posted conspicuously at all venues utilized by the
16    school; and
17        (6) reviewed annually by all athletic trainers, first
18    responders, coaches, school nurses, athletic directors,
19    and volunteers for interscholastic athletic activities.
20    (j) The State Board of Education may adopt rules as
21necessary to administer this Section.
22(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
2399-642, eff. 7-28-16.)
 
24    (105 ILCS 5/24-5)  (from Ch. 122, par. 24-5)
25    Sec. 24-5. Physical fitness and professional growth.

 

 

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1    (a) In this Section, "employee" means any employee of a
2school district, a student teacher, an employee of a contractor
3that provides services to students or in schools, or any other
4individual subject to the requirements of Section 10-21.9 or
534-18.5 of this Code.
6    (b) School boards shall require of new employees evidence
7of physical fitness to perform duties assigned and freedom from
8communicable disease. Such evidence shall consist of a physical
9examination by a physician licensed in Illinois or any other
10state to practice medicine and surgery in all its branches, a
11licensed advanced practice registered nurse, or a licensed
12physician assistant not more than 90 days preceding time of
13presentation to the board, and the cost of such examination
14shall rest with the employee. A new or existing employee may be
15subject to additional health examinations, including screening
16for tuberculosis, as required by rules adopted by the
17Department of Public Health or by order of a local public
18health official. The board may from time to time require an
19examination of any employee by a physician licensed in Illinois
20to practice medicine and surgery in all its branches, a
21licensed advanced practice registered nurse, or a licensed
22physician assistant and shall pay the expenses thereof from
23school funds.
24    (c) School boards may require teachers in their employ to
25furnish from time to time evidence of continued professional
26growth.

 

 

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1(Source: P.A. 98-716, eff. 7-16-14; 99-173, eff. 7-29-15.)
 
2    (105 ILCS 5/24-6)
3    Sec. 24-6. Sick leave. The school boards of all school
4districts, including special charter districts, but not
5including school districts in municipalities of 500,000 or
6more, shall grant their full-time teachers, and also shall
7grant such of their other employees as are eligible to
8participate in the Illinois Municipal Retirement Fund under the
9"600-Hour Standard" established, or under such other
10eligibility participation standard as may from time to time be
11established, by rules and regulations now or hereafter
12promulgated by the Board of that Fund under Section 7-198 of
13the Illinois Pension Code, as now or hereafter amended, sick
14leave provisions not less in amount than 10 days at full pay in
15each school year. If any such teacher or employee does not use
16the full amount of annual leave thus allowed, the unused amount
17shall be allowed to accumulate to a minimum available leave of
18180 days at full pay, including the leave of the current year.
19Sick leave shall be interpreted to mean personal illness,
20quarantine at home, serious illness or death in the immediate
21family or household, or birth, adoption, or placement for
22adoption. The school board may require a certificate from a
23physician licensed in Illinois to practice medicine and surgery
24in all its branches, a chiropractic physician licensed under
25the Medical Practice Act of 1987, a licensed advanced practice

 

 

HB3472- 151 -LRB100 05726 SMS 15748 b

1registered nurse, a licensed physician assistant, or, if the
2treatment is by prayer or spiritual means, a spiritual adviser
3or practitioner of the teacher's or employee's faith as a basis
4for pay during leave after an absence of 3 days for personal
5illness or 30 days for birth or as the school board may deem
6necessary in other cases. If the school board does require a
7certificate as a basis for pay during leave of less than 3 days
8for personal illness, the school board shall pay, from school
9funds, the expenses incurred by the teachers or other employees
10in obtaining the certificate. For paid leave for adoption or
11placement for adoption, the school board may require that the
12teacher or other employee provide evidence that the formal
13adoption process is underway, and such leave is limited to 30
14days unless a longer leave has been negotiated with the
15exclusive bargaining representative.
16    If, by reason of any change in the boundaries of school
17districts, or by reason of the creation of a new school
18district, the employment of a teacher is transferred to a new
19or different board, the accumulated sick leave of such teacher
20is not thereby lost, but is transferred to such new or
21different district.
22    For purposes of this Section, "immediate family" shall
23include parents, spouse, brothers, sisters, children,
24grandparents, grandchildren, parents-in-law, brothers-in-law,
25sisters-in-law, and legal guardians.
26(Source: P.A. 99-173, eff. 7-29-15.)
 

 

 

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1    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
2    Sec. 26-1. Compulsory school age-Exemptions. Whoever has
3custody or control of any child (i) between the ages of 7 and
417 years (unless the child has already graduated from high
5school) for school years before the 2014-2015 school year or
6(ii) between the ages of 6 (on or before September 1) and 17
7years (unless the child has already graduated from high school)
8beginning with the 2014-2015 school year shall cause such child
9to attend some public school in the district wherein the child
10resides the entire time it is in session during the regular
11school term, except as provided in Section 10-19.1, and during
12a required summer school program established under Section
1310-22.33B; provided, that the following children shall not be
14required to attend the public schools:
15        1. Any child attending a private or a parochial school
16    where children are taught the branches of education taught
17    to children of corresponding age and grade in the public
18    schools, and where the instruction of the child in the
19    branches of education is in the English language;
20        2. Any child who is physically or mentally unable to
21    attend school, such disability being certified to the
22    county or district truant officer by a competent physician
23    licensed in Illinois to practice medicine and surgery in
24    all its branches, a chiropractic physician licensed under
25    the Medical Practice Act of 1987, a licensed advanced

 

 

HB3472- 153 -LRB100 05726 SMS 15748 b

1    practice registered nurse, a licensed physician assistant,
2    or a Christian Science practitioner residing in this State
3    and listed in the Christian Science Journal; or who is
4    excused for temporary absence for cause by the principal or
5    teacher of the school which the child attends; the
6    exemptions in this paragraph (2) do not apply to any female
7    who is pregnant or the mother of one or more children,
8    except where a female is unable to attend school due to a
9    complication arising from her pregnancy and the existence
10    of such complication is certified to the county or district
11    truant officer by a competent physician;
12        3. Any child necessarily and lawfully employed
13    according to the provisions of the law regulating child
14    labor may be excused from attendance at school by the
15    county superintendent of schools or the superintendent of
16    the public school which the child should be attending, on
17    certification of the facts by and the recommendation of the
18    school board of the public school district in which the
19    child resides. In districts having part time continuation
20    schools, children so excused shall attend such schools at
21    least 8 hours each week;
22        4. Any child over 12 and under 14 years of age while in
23    attendance at confirmation classes;
24        5. Any child absent from a public school on a
25    particular day or days or at a particular time of day for
26    the reason that he is unable to attend classes or to

 

 

HB3472- 154 -LRB100 05726 SMS 15748 b

1    participate in any examination, study or work requirements
2    on a particular day or days or at a particular time of day,
3    because the tenets of his religion forbid secular activity
4    on a particular day or days or at a particular time of day.
5    Each school board shall prescribe rules and regulations
6    relative to absences for religious holidays including, but
7    not limited to, a list of religious holidays on which it
8    shall be mandatory to excuse a child; but nothing in this
9    paragraph 5 shall be construed to limit the right of any
10    school board, at its discretion, to excuse an absence on
11    any other day by reason of the observance of a religious
12    holiday. A school board may require the parent or guardian
13    of a child who is to be excused from attending school due
14    to the observance of a religious holiday to give notice,
15    not exceeding 5 days, of the child's absence to the school
16    principal or other school personnel. Any child excused from
17    attending school under this paragraph 5 shall not be
18    required to submit a written excuse for such absence after
19    returning to school;
20        6. Any child 16 years of age or older who (i) submits
21    to a school district evidence of necessary and lawful
22    employment pursuant to paragraph 3 of this Section and (ii)
23    is enrolled in a graduation incentives program pursuant to
24    Section 26-16 of this Code or an alternative learning
25    opportunities program established pursuant to Article 13B
26    of this Code; and

 

 

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1        7. A child in any of grades 6 through 12 absent from a
2    public school on a particular day or days or at a
3    particular time of day for the purpose of sounding "Taps"
4    at a military honors funeral held in this State for a
5    deceased veteran. In order to be excused under this
6    paragraph 7, the student shall notify the school's
7    administration at least 2 days prior to the date of the
8    absence and shall provide the school's administration with
9    the date, time, and location of the military honors
10    funeral. The school's administration may waive this 2-day
11    notification requirement if the student did not receive at
12    least 2 days advance notice, but the student shall notify
13    the school's administration as soon as possible of the
14    absence. A student whose absence is excused under this
15    paragraph 7 shall be counted as if the student attended
16    school for purposes of calculating the average daily
17    attendance of students in the school district. A student
18    whose absence is excused under this paragraph 7 must be
19    allowed a reasonable time to make up school work missed
20    during the absence. If the student satisfactorily
21    completes the school work, the day of absence shall be
22    counted as a day of compulsory attendance and he or she may
23    not be penalized for that absence.
24(Source: P.A. 98-544, eff. 7-1-14; 99-173, eff. 7-29-15;
2599-804, eff. 1-1-17.)
 

 

 

HB3472- 156 -LRB100 05726 SMS 15748 b

1    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
2    Sec. 27-8.1. Health examinations and immunizations.
3    (1) In compliance with rules and regulations which the
4Department of Public Health shall promulgate, and except as
5hereinafter provided, all children in Illinois shall have a
6health examination as follows: within one year prior to
7entering kindergarten or the first grade of any public,
8private, or parochial elementary school; upon entering the
9sixth and ninth grades of any public, private, or parochial
10school; prior to entrance into any public, private, or
11parochial nursery school; and, irrespective of grade,
12immediately prior to or upon entrance into any public, private,
13or parochial school or nursery school, each child shall present
14proof of having been examined in accordance with this Section
15and the rules and regulations promulgated hereunder. Any child
16who received a health examination within one year prior to
17entering the fifth grade for the 2007-2008 school year is not
18required to receive an additional health examination in order
19to comply with the provisions of Public Act 95-422 when he or
20she attends school for the 2008-2009 school year, unless the
21child is attending school for the first time as provided in
22this paragraph.
23    A tuberculosis skin test screening shall be included as a
24required part of each health examination included under this
25Section if the child resides in an area designated by the
26Department of Public Health as having a high incidence of

 

 

HB3472- 157 -LRB100 05726 SMS 15748 b

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

 

 

HB3472- 158 -LRB100 05726 SMS 15748 b

1amendatory Act of the 95th General Assembly and any student
2enrolling for the first time in a public, private, or parochial
3school on or after the effective date of this amendatory Act of
4the 95th General Assembly shall have an eye examination. Each
5of these children shall present proof of having been examined
6by a physician licensed to practice medicine in all of its
7branches or a licensed optometrist within the previous year, in
8accordance with this Section and rules adopted under this
9Section, before October 15th of the school year. If the child
10fails to present proof by October 15th, the school may hold the
11child's report card until one of the following occurs: (i) the
12child presents proof of a completed eye examination or (ii) the
13child presents proof that an eye examination will take place
14within 60 days after October 15th. The Department of Public
15Health shall establish, by rule, a waiver for children who show
16an undue burden or a lack of access to a physician licensed to
17practice medicine in all of its branches who provides eye
18examinations or to a licensed optometrist. Each public,
19private, and parochial school must give notice of this eye
20examination requirement to the parents and guardians of
21students in compliance with rules of the Department of Public
22Health. Nothing in this Section shall be construed to allow a
23school to exclude a child from attending because of a parent's
24or guardian's failure to obtain an eye examination for the
25child.
26    (2) The Department of Public Health shall promulgate rules

 

 

HB3472- 159 -LRB100 05726 SMS 15748 b

1and regulations specifying the examinations and procedures
2that constitute a health examination, which shall include the
3collection of data relating to obesity (including at a minimum,
4date of birth, gender, height, weight, blood pressure, and date
5of exam), and a dental examination and may recommend by rule
6that certain additional examinations be performed. The rules
7and regulations of the Department of Public Health shall
8specify that a tuberculosis skin test screening shall be
9included as a required part of each health examination included
10under this Section if the child resides in an area designated
11by the Department of Public Health as having a high incidence
12of tuberculosis. The Department of Public Health shall specify
13that a diabetes screening as defined by rule shall be included
14as a required part of each health examination. Diabetes testing
15is not required.
16    Physicians licensed to practice medicine in all of its
17branches, licensed advanced practice registered nurses, or
18licensed physician assistants shall be responsible for the
19performance of the health examinations, other than dental
20examinations, eye examinations, and vision and hearing
21screening, and shall sign all report forms required by
22subsection (4) of this Section that pertain to those portions
23of the health examination for which the physician, advanced
24practice registered nurse, or physician assistant is
25responsible. If a registered nurse performs any part of a
26health examination, then a physician licensed to practice

 

 

HB3472- 160 -LRB100 05726 SMS 15748 b

1medicine in all of its branches must review and sign all
2required report forms. Licensed dentists shall perform all
3dental examinations and shall sign all report forms required by
4subsection (4) of this Section that pertain to the dental
5examinations. Physicians licensed to practice medicine in all
6its branches or licensed optometrists shall perform all eye
7examinations required by this Section and shall sign all report
8forms required by subsection (4) of this Section that pertain
9to the eye examination. For purposes of this Section, an eye
10examination shall at a minimum include history, visual acuity,
11subjective refraction to best visual acuity near and far,
12internal and external examination, and a glaucoma evaluation,
13as well as any other tests or observations that in the
14professional judgment of the doctor are necessary. Vision and
15hearing screening tests, which shall not be considered
16examinations as that term is used in this Section, shall be
17conducted in accordance with rules and regulations of the
18Department of Public Health, and by individuals whom the
19Department of Public Health has certified. In these rules and
20regulations, the Department of Public Health shall require that
21individuals conducting vision screening tests give a child's
22parent or guardian written notification, before the vision
23screening is conducted, that states, "Vision screening is not a
24substitute for a complete eye and vision evaluation by an eye
25doctor. Your child is not required to undergo this vision
26screening if an optometrist or ophthalmologist has completed

 

 

HB3472- 161 -LRB100 05726 SMS 15748 b

1and signed a report form indicating that an examination has
2been administered within the previous 12 months."
3    (3) Every child shall, at or about the same time as he or
4she receives a health examination required by subsection (1) of
5this Section, present to the local school proof of having
6received such immunizations against preventable communicable
7diseases as the Department of Public Health shall require by
8rules and regulations promulgated pursuant to this Section and
9the Communicable Disease Prevention Act.
10    (4) The individuals conducting the health examination,
11dental examination, or eye examination shall record the fact of
12having conducted the examination, and such additional
13information as required, including for a health examination
14data relating to obesity (including at a minimum, date of
15birth, gender, height, weight, blood pressure, and date of
16exam), on uniform forms which the Department of Public Health
17and the State Board of Education shall prescribe for statewide
18use. The examiner shall summarize on the report form any
19condition that he or she suspects indicates a need for special
20services, including for a health examination factors relating
21to obesity. The individuals confirming the administration of
22required immunizations shall record as indicated on the form
23that the immunizations were administered.
24    (5) If a child does not submit proof of having had either
25the health examination or the immunization as required, then
26the child shall be examined or receive the immunization, as the

 

 

HB3472- 162 -LRB100 05726 SMS 15748 b

1case may be, and present proof by October 15 of the current
2school year, or by an earlier date of the current school year
3established by a school district. To establish a date before
4October 15 of the current school year for the health
5examination or immunization as required, a school district must
6give notice of the requirements of this Section 60 days prior
7to the earlier established date. If for medical reasons one or
8more of the required immunizations must be given after October
915 of the current school year, or after an earlier established
10date of the current school year, then the child shall present,
11by October 15, or by the earlier established date, a schedule
12for the administration of the immunizations and a statement of
13the medical reasons causing the delay, both the schedule and
14the statement being issued by the physician, advanced practice
15registered nurse, physician assistant, registered nurse, or
16local health department that will be responsible for
17administration of the remaining required immunizations. If a
18child does not comply by October 15, or by the earlier
19established date of the current school year, with the
20requirements of this subsection, then the local school
21authority shall exclude that child from school until such time
22as the child presents proof of having had the health
23examination as required and presents proof of having received
24those required immunizations which are medically possible to
25receive immediately. During a child's exclusion from school for
26noncompliance with this subsection, the child's parents or

 

 

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

 

 

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1examination and immunization requirements on religious or
2medical grounds as provided in subsection (8). On or before
3December 1 of each year, every public school district and
4registered nonpublic school shall make publicly available the
5immunization data they are required to submit to the State
6Board of Education by November 15. The immunization data made
7publicly available must be identical to the data the school
8district or school has reported to the State Board of
9Education.
10    Every school shall report to the State Board of Education
11by June 30, in the manner that the State Board requires, the
12number of children who have received the required dental
13examination, indicating, of those who have not received the
14required dental examination, the number of children who are
15exempt from the dental examination on religious grounds as
16provided in subsection (8) of this Section and the number of
17children who have received a waiver under subsection (1.5) of
18this Section.
19    Every school shall report to the State Board of Education
20by June 30, in the manner that the State Board requires, the
21number of children who have received the required eye
22examination, indicating, of those who have not received the
23required eye examination, the number of children who are exempt
24from the eye examination as provided in subsection (8) of this
25Section, the number of children who have received a waiver
26under subsection (1.10) of this Section, and the total number

 

 

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

 

 

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

 

 

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1healthcare provider may exempt the child from an immunization
2or adopt an individualized immunization schedule. The
3Certificate of Religious Exemption shall be created by the
4Department of Public Health and shall be made available and
5used by parents and legal guardians by the beginning of the
62015-2016 school year. Parents or legal guardians must submit
7the Certificate of Religious Exemption to their local school
8authority prior to entering kindergarten, sixth grade, and
9ninth grade for each child for which they are requesting an
10exemption. The religious objection stated need not be directed
11by the tenets of an established religious organization.
12However, general philosophical or moral reluctance to allow
13physical examinations, eye examinations, immunizations, vision
14and hearing screenings, or dental examinations does not provide
15a sufficient basis for an exception to statutory requirements.
16The local school authority is responsible for determining if
17the content of the Certificate of Religious Exemption
18constitutes a valid religious objection. The local school
19authority shall inform the parent or legal guardian of
20exclusion procedures, in accordance with the Department's
21rules under Part 690 of Title 77 of the Illinois Administrative
22Code, at the time the objection is presented.
23    If the physical condition of the child is such that any one
24or more of the immunizing agents should not be administered,
25the examining physician, advanced practice registered nurse,
26or physician assistant responsible for the performance of the

 

 

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1health examination shall endorse that fact upon the health
2examination form.
3    Exempting a child from the health, dental, or eye
4examination does not exempt the child from participation in the
5program of physical education training provided in Sections
627-5 through 27-7 of this Code.
7    (9) For the purposes of this Section, "nursery schools"
8means those nursery schools operated by elementary school
9systems or secondary level school units or institutions of
10higher learning.
11(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
1299-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
 
13    Section 90. The Care of Students with Diabetes Act is
14amended by changing Section 10 as follows:
 
15    (105 ILCS 145/10)
16    Sec. 10. Definitions. As used in this Act:
17    "Delegated care aide" means a school employee who has
18agreed to receive training in diabetes care and to assist
19students in implementing their diabetes care plan and has
20entered into an agreement with a parent or guardian and the
21school district or private school.
22    "Diabetes care plan" means a document that specifies the
23diabetes-related services needed by a student at school and at
24school-sponsored activities and identifies the appropriate

 

 

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1staff to provide and supervise these services.
2    "Health care provider" means a physician licensed to
3practice medicine in all of its branches, advanced practice
4registered nurse who has a written agreement with a
5collaborating physician who authorizes the provision of
6diabetes care, or a physician assistant who has a written
7supervision agreement with a supervising physician who
8authorizes the provision of diabetes care.
9    "Principal" means the principal of the school.
10    "School" means any primary or secondary public, charter, or
11private school located in this State.
12    "School employee" means a person who is employed by a
13public school district or private school, a person who is
14employed by a local health department and assigned to a school,
15or a person who contracts with a school or school district to
16perform services in connection with a student's diabetes care
17plan. This definition must not be interpreted as requiring a
18school district or private school to hire additional personnel
19for the sole purpose of serving as a designated care aide.
20(Source: P.A. 96-1485, eff. 12-1-10.)
 
21    Section 95. The Nursing Education Scholarship Law is
22amended by changing Sections 3, 5, and 6.5 as follows:
 
23    (110 ILCS 975/3)  (from Ch. 144, par. 2753)
24    Sec. 3. Definitions.

 

 

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1    The following terms, whenever used or referred to, have the
2following meanings except where the context clearly indicates
3otherwise:
4    (1) "Board" means the Board of Higher Education created by
5the Board of Higher Education Act.
6    (2) "Department" means the Illinois Department of Public
7Health.
8    (3) "Approved institution" means a public community
9college, private junior college, hospital-based diploma in
10nursing program, or public or private college or university
11located in this State that has approval by the Department of
12Professional Regulation for an associate degree in nursing
13program, associate degree in applied sciences in nursing
14program, hospital-based diploma in nursing program,
15baccalaureate degree in nursing program, graduate degree in
16nursing program, or certificate in practical nursing program.
17    (4) "Baccalaureate degree in nursing program" means a
18program offered by an approved institution and leading to a
19bachelor of science degree in nursing.
20    (5) "Enrollment" means the establishment and maintenance
21of an individual's status as a student in an approved
22institution, regardless of the terms used at the institution to
23describe such status.
24    (6) "Academic year" means the period of time from September
251 of one year through August 31 of the next year or as
26otherwise defined by the academic institution.

 

 

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1    (7) "Associate degree in nursing program or hospital-based
2diploma in nursing program" means a program offered by an
3approved institution and leading to an associate degree in
4nursing, associate degree in applied sciences in nursing, or
5hospital-based diploma in nursing.
6    (8) "Graduate degree in nursing program" means a program
7offered by an approved institution and leading to a master of
8science degree in nursing or a doctorate of philosophy or
9doctorate of nursing degree in nursing.
10    (9) "Director" means the Director of the Illinois
11Department of Public Health.
12    (10) "Accepted for admission" means a student has completed
13the requirements for entry into an associate degree in nursing
14program, associate degree in applied sciences in nursing
15program, hospital-based diploma in nursing program,
16baccalaureate degree in nursing program, graduate degree in
17nursing program, or certificate in practical nursing program at
18an approved institution, as documented by the institution.
19    (11) "Fees" means those mandatory charges, in addition to
20tuition, that all enrolled students must pay, including
21required course or lab fees.
22    (12) "Full-time student" means a student enrolled for at
23least 12 hours per term or as otherwise determined by the
24academic institution.
25    (13) "Law" means the Nursing Education Scholarship Law.
26    (14) "Nursing employment obligation" means employment in

 

 

HB3472- 172 -LRB100 05726 SMS 15748 b

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

 

 

HB3472- 173 -LRB100 05726 SMS 15748 b

1mental impairment, disease, or loss of a permanent nature that
2prevents nursing employment with or without reasonable
3accommodation. Proof of disability shall be a declaration from
4the social security administration, Illinois Workers'
5Compensation Commission, Department of Defense, or an insurer
6authorized to transact business in Illinois who is providing
7disability insurance coverage to a contractor.
8    (22) "Tuition" means the established charges of an
9institution of higher learning for instruction at that
10institution.
11    (23) "Nurse educator" means a person who is currently
12licensed as a registered nurse by the Department of
13Professional Regulation under the Nurse Practice Act, who has a
14graduate degree in nursing, and who is employed by an approved
15academic institution to educate registered nursing students,
16licensed practical nursing students, and registered nurses
17pursuing graduate degrees.
18    (24) "Nurse educator employment obligation" means
19employment in this State as a nurse educator for at least 2
20years for each year of scholarship assistance received under
21Section 6.5 of this Law.
22    Rulemaking authority to implement this amendatory Act of
23the 96th General Assembly, if any, is conditioned on the rules
24being adopted in accordance with all provisions of the Illinois
25Administrative Procedure Act and all rules and procedures of
26the Joint Committee on Administrative Rules; any purported rule

 

 

HB3472- 174 -LRB100 05726 SMS 15748 b

1not so adopted, for whatever reason, is unauthorized.
2(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
396-805, eff. 10-30-09.)
 
4    (110 ILCS 975/5)  (from Ch. 144, par. 2755)
5    Sec. 5. Nursing education scholarships. Beginning with the
6fall term of the 2004-2005 academic year, the Department, in
7accordance with rules and regulations promulgated by it for
8this program, shall provide scholarships to individuals
9selected from among those applicants who qualify for
10consideration by showing:
11        (1) that he or she has been a resident of this State
12    for at least one year prior to application, and is a
13    citizen or a lawful permanent resident alien of the United
14    States;
15        (2) that he or she is enrolled in or accepted for
16    admission to an associate degree in nursing program,
17    hospital-based diploma in nursing program, baccalaureate
18    degree in nursing program, graduate degree in nursing
19    program, or practical nursing program at an approved
20    institution; and
21        (3) that he or she agrees to meet the nursing
22    employment obligation.
23    If in any year the number of qualified applicants exceeds
24the number of scholarships to be awarded, the Department shall,
25in consultation with the Illinois Nursing Workforce Center for

 

 

HB3472- 175 -LRB100 05726 SMS 15748 b

1Nursing Advisory Board, consider the following factors in
2granting priority in awarding scholarships:
3            (A) Financial need, as shown on a standardized
4        financial needs assessment form used by an approved
5        institution, of students who will pursue their
6        education on a full-time or close to full-time basis
7        and who already have a certificate in practical
8        nursing, a diploma in nursing, or an associate degree
9        in nursing and are pursuing a higher degree.
10            (B) A student's status as a registered nurse who is
11        pursuing a graduate degree in nursing to pursue
12        employment in an approved institution that educates
13        licensed practical nurses and that educates registered
14        nurses in undergraduate and graduate nursing programs.
15            (C) A student's merit, as shown through his or her
16        grade point average, class rank, and other academic and
17        extracurricular activities. The Department may add to
18        and further define these merit criteria by rule.
19    Unless otherwise indicated, scholarships shall be awarded
20to recipients at approved institutions for a period of up to 2
21years if the recipient is enrolled in an associate degree in
22nursing program, up to 3 years if the recipient is enrolled in
23a hospital-based diploma in nursing program, up to 4 years if
24the recipient is enrolled in a baccalaureate degree in nursing
25program, up to 5 years if the recipient is enrolled in a
26graduate degree in nursing program, and up to one year if the

 

 

HB3472- 176 -LRB100 05726 SMS 15748 b

1recipient is enrolled in a certificate in practical nursing
2program. At least 40% of the scholarships awarded shall be for
3recipients who are pursuing baccalaureate degrees in nursing,
430% of the scholarships awarded shall be for recipients who are
5pursuing associate degrees in nursing or a diploma in nursing,
610% of the scholarships awarded shall be for recipients who are
7pursuing a certificate in practical nursing, and 20% of the
8scholarships awarded shall be for recipients who are pursuing a
9graduate degree in nursing.
10(Source: P.A. 93-879, eff. 1-1-05; 94-1020, eff. 7-11-06.)
 
11    (110 ILCS 975/6.5)
12    Sec. 6.5. Nurse educator scholarships.
13    (a) Beginning with the fall term of the 2009-2010 academic
14year, the Department shall provide scholarships to individuals
15selected from among those applicants who qualify for
16consideration by showing the following:
17        (1) that he or she has been a resident of this State
18    for at least one year prior to application and is a citizen
19    or a lawful permanent resident alien of the United States;
20        (2) that he or she is enrolled in or accepted for
21    admission to a graduate degree in nursing program at an
22    approved institution; and
23        (3) that he or she agrees to meet the nurse educator
24    employment obligation.
25    (b) If in any year the number of qualified applicants

 

 

HB3472- 177 -LRB100 05726 SMS 15748 b

1exceeds the number of scholarships to be awarded under this
2Section, the Department shall, in consultation with the
3Illinois Nursing Workforce Center for Nursing Advisory Board,
4consider the following factors in granting priority in awarding
5scholarships:
6        (1) Financial need, as shown on a standardized
7    financial needs assessment form used by an approved
8    institution, of students who will pursue their education on
9    a full-time or close to full-time basis and who already
10    have a diploma in nursing and are pursuing a higher degree.
11        (2) A student's status as a registered nurse who is
12    pursuing a graduate degree in nursing to pursue employment
13    in an approved institution that educates licensed
14    practical nurses and that educates registered nurses in
15    undergraduate and graduate nursing programs.
16        (3) A student's merit, as shown through his or her
17    grade point average, class rank, experience as a nurse,
18    including supervisory experience, experience as a nurse in
19    the United States military, and other academic and
20    extracurricular activities.
21    (c) Unless otherwise indicated, scholarships under this
22Section shall be awarded to recipients at approved institutions
23for a period of up to 3 years.
24    (d) Within 12 months after graduation from a graduate
25degree in nursing program for nurse educators, any recipient
26who accepted a scholarship under this Section shall begin

 

 

HB3472- 178 -LRB100 05726 SMS 15748 b

1meeting the required nurse educator employment obligation. In
2order to defer his or her continuous employment obligation, a
3recipient must request the deferment in writing from the
4Department. A recipient shall receive a deferment if he or she
5notifies the Department, within 30 days after enlisting, that
6he or she is spending up to 4 years in military service. A
7recipient shall receive a deferment if he or she notifies the
8Department, within 30 days after enrolling, that he or she is
9enrolled in an academic program leading to a graduate degree in
10nursing. The recipient must begin meeting the required nurse
11educator employment obligation no later than 6 months after the
12end of the deferment or deferments.
13    Any person who fails to fulfill the nurse educator
14employment obligation shall pay to the Department an amount
15equal to the amount of scholarship funds received per year for
16each unfulfilled year of the nurse educator employment
17obligation, together with interest at 7% per year on the unpaid
18balance. Payment must begin within 6 months following the date
19of the occurrence initiating the repayment. All repayments must
20be completed within 6 years from the date of the occurrence
21initiating the repayment. However, this repayment obligation
22may be deferred and re-evaluated every 6 months when the
23failure to fulfill the nurse educator employment obligation
24results from involuntarily leaving the profession due to a
25decrease in the number of nurses employed in this State or when
26the failure to fulfill the nurse educator employment obligation

 

 

HB3472- 179 -LRB100 05726 SMS 15748 b

1results from total and permanent disability. The repayment
2obligation shall be excused if the failure to fulfill the nurse
3educator employment obligation results from the death or
4adjudication as incompetent of the person holding the
5scholarship. No claim for repayment may be filed against the
6estate of such a decedent or incompetent.
7    The Department may allow a nurse educator employment
8obligation fulfillment alternative if the nurse educator
9scholarship recipient is unsuccessful in finding work as a
10nurse educator. The Department shall maintain a database of all
11available nurse educator positions in this State.
12    (e) Each person applying for a scholarship under this
13Section must be provided with a copy of this Section at the
14time of application for the benefits of this scholarship.
15    (f) Rulemaking authority to implement this amendatory Act
16of the 96th General Assembly, if any, is conditioned on the
17rules being adopted in accordance with all provisions of the
18Illinois Administrative Procedure Act and all rules and
19procedures of the Joint Committee on Administrative Rules; any
20purported rule not so adopted, for whatever reason, is
21unauthorized.
22(Source: P.A. 96-805, eff. 10-30-09.)
 
23    Section 100. The Ambulatory Surgical Treatment Center Act
24is amended by changing Section 6.5 as follows:
 

 

 

HB3472- 180 -LRB100 05726 SMS 15748 b

1    (210 ILCS 5/6.5)
2    Sec. 6.5. Clinical privileges; advanced practice
3registered nurses. All ambulatory surgical treatment centers
4(ASTC) licensed under this Act shall comply with the following
5requirements:
6        (1) No ASTC policy, rule, regulation, or practice shall
7    be inconsistent with the provision of adequate
8    collaboration and consultation in accordance with Section
9    54.5 of the Medical Practice Act of 1987.
10        (2) Operative surgical procedures shall be performed
11    only by a physician licensed to practice medicine in all
12    its branches under the Medical Practice Act of 1987, a
13    dentist licensed under the Illinois Dental Practice Act, or
14    a podiatric physician licensed under the Podiatric Medical
15    Practice Act of 1987, with medical staff membership and
16    surgical clinical privileges granted by the consulting
17    committee of the ASTC. A licensed physician, dentist, or
18    podiatric physician may be assisted by a physician licensed
19    to practice medicine in all its branches, dentist, dental
20    assistant, podiatric physician, licensed advanced practice
21    registered nurse, licensed physician assistant, licensed
22    registered nurse, licensed practical nurse, surgical
23    assistant, surgical technician, or other individuals
24    granted clinical privileges to assist in surgery by the
25    consulting committee of the ASTC. Payment for services
26    rendered by an assistant in surgery who is not an

 

 

HB3472- 181 -LRB100 05726 SMS 15748 b

1    ambulatory surgical treatment center employee shall be
2    paid at the appropriate non-physician modifier rate if the
3    payor would have made payment had the same services been
4    provided by a physician.
5        (2.5) A registered nurse licensed under the Nurse
6    Practice Act and qualified by training and experience in
7    operating room nursing shall be present in the operating
8    room and function as the circulating nurse during all
9    invasive or operative procedures. For purposes of this
10    paragraph (2.5), "circulating nurse" means a registered
11    nurse who is responsible for coordinating all nursing care,
12    patient safety needs, and the needs of the surgical team in
13    the operating room during an invasive or operative
14    procedure.
15        (3) An advanced practice registered nurse is not
16    required to possess prescriptive authority or a written
17    collaborative agreement meeting the requirements of the
18    Nurse Practice Act to provide advanced practice registered
19    nursing services in an ambulatory surgical treatment
20    center. An advanced practice registered nurse must possess
21    clinical privileges granted by the consulting medical
22    staff committee and ambulatory surgical treatment center
23    in order to provide services. Individual advanced practice
24    registered nurses may also be granted clinical privileges
25    to order, select, and administer medications, including
26    controlled substances, to provide delineated care. The

 

 

HB3472- 182 -LRB100 05726 SMS 15748 b

1    attending physician must determine the advanced practice
2    registered nurse's role in providing care for his or her
3    patients, except as otherwise provided in the consulting
4    staff policies. The consulting medical staff committee
5    shall periodically review the services of advanced
6    practice registered nurses granted privileges.
7        (4) The anesthesia service shall be under the direction
8    of a physician licensed to practice medicine in all its
9    branches who has had specialized preparation or experience
10    in the area or who has completed a residency in
11    anesthesiology. An anesthesiologist, Board certified or
12    Board eligible, is recommended. Anesthesia services may
13    only be administered pursuant to the order of a physician
14    licensed to practice medicine in all its branches, licensed
15    dentist, or licensed podiatric physician.
16            (A) The individuals who, with clinical privileges
17        granted by the medical staff and ASTC, may administer
18        anesthesia services are limited to the following:
19                (i) an anesthesiologist; or
20                (ii) a physician licensed to practice medicine
21            in all its branches; or
22                (iii) a dentist with authority to administer
23            anesthesia under Section 8.1 of the Illinois
24            Dental Practice Act; or
25                (iv) a licensed certified registered nurse
26            anesthetist; or

 

 

HB3472- 183 -LRB100 05726 SMS 15748 b

1                (v) a podiatric physician licensed under the
2            Podiatric Medical Practice Act of 1987.
3            (B) For anesthesia services, an anesthesiologist
4        shall participate through discussion of and agreement
5        with the anesthesia plan and shall remain physically
6        present and be available on the premises during the
7        delivery of anesthesia services for diagnosis,
8        consultation, and treatment of emergency medical
9        conditions. In the absence of 24-hour availability of
10        anesthesiologists with clinical privileges, an
11        alternate policy (requiring participation, presence,
12        and availability of a physician licensed to practice
13        medicine in all its branches) shall be developed by the
14        medical staff consulting committee in consultation
15        with the anesthesia service and included in the medical
16        staff consulting committee policies.
17            (C) A certified registered nurse anesthetist is
18        not required to possess prescriptive authority or a
19        written collaborative agreement meeting the
20        requirements of Section 65-35 of the Nurse Practice Act
21        to provide anesthesia services ordered by a licensed
22        physician, dentist, or podiatric physician. Licensed
23        certified registered nurse anesthetists are authorized
24        to select, order, and administer drugs and apply the
25        appropriate medical devices in the provision of
26        anesthesia services under the anesthesia plan agreed

 

 

HB3472- 184 -LRB100 05726 SMS 15748 b

1        with by the anesthesiologist or, in the absence of an
2        available anesthesiologist with clinical privileges,
3        agreed with by the operating physician, operating
4        dentist, or operating podiatric physician in
5        accordance with the medical staff consulting committee
6        policies of a licensed ambulatory surgical treatment
7        center.
8(Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
 
9    Section 105. The Assisted Living and Shared Housing Act is
10amended by changing Section 10 as follows:
 
11    (210 ILCS 9/10)
12    Sec. 10. Definitions. For purposes of this Act:
13    "Activities of daily living" means eating, dressing,
14bathing, toileting, transferring, or personal hygiene.
15    "Assisted living establishment" or "establishment" means a
16home, building, residence, or any other place where sleeping
17accommodations are provided for at least 3 unrelated adults, at
18least 80% of whom are 55 years of age or older and where the
19following are provided consistent with the purposes of this
20Act:
21        (1) services consistent with a social model that is
22    based on the premise that the resident's unit in assisted
23    living and shared housing is his or her own home;
24        (2) community-based residential care for persons who

 

 

HB3472- 185 -LRB100 05726 SMS 15748 b

1    need assistance with activities of daily living, including
2    personal, supportive, and intermittent health-related
3    services available 24 hours per day, if needed, to meet the
4    scheduled and unscheduled needs of a resident;
5        (3) mandatory services, whether provided directly by
6    the establishment or by another entity arranged for by the
7    establishment, with the consent of the resident or
8    resident's representative; and
9        (4) a physical environment that is a homelike setting
10    that includes the following and such other elements as
11    established by the Department: individual living units
12    each of which shall accommodate small kitchen appliances
13    and contain private bathing, washing, and toilet
14    facilities, or private washing and toilet facilities with a
15    common bathing room readily accessible to each resident.
16    Units shall be maintained for single occupancy except in
17    cases in which 2 residents choose to share a unit.
18    Sufficient common space shall exist to permit individual
19    and group activities.
20    "Assisted living establishment" or "establishment" does
21not mean any of the following:
22        (1) A home, institution, or similar place operated by
23    the federal government or the State of Illinois.
24        (2) A long term care facility licensed under the
25    Nursing Home Care Act, a facility licensed under the
26    Specialized Mental Health Rehabilitation Act of 2013, a

 

 

HB3472- 186 -LRB100 05726 SMS 15748 b

1    facility licensed under the ID/DD Community Care Act, or a
2    facility licensed under the MC/DD Act. However, a facility
3    licensed under any of those Acts may convert distinct parts
4    of the facility to assisted living. If the facility elects
5    to do so, the facility shall retain the Certificate of Need
6    for its nursing and sheltered care beds that were
7    converted.
8        (3) A hospital, sanitarium, or other institution, the
9    principal activity or business of which is the diagnosis,
10    care, and treatment of human illness and that is required
11    to be licensed under the Hospital Licensing Act.
12        (4) A facility for child care as defined in the Child
13    Care Act of 1969.
14        (5) A community living facility as defined in the
15    Community Living Facilities Licensing Act.
16        (6) A nursing home or sanitarium operated solely by and
17    for persons who rely exclusively upon treatment by
18    spiritual means through prayer in accordance with the creed
19    or tenants of a well-recognized church or religious
20    denomination.
21        (7) A facility licensed by the Department of Human
22    Services as a community-integrated living arrangement as
23    defined in the Community-Integrated Living Arrangements
24    Licensure and Certification Act.
25        (8) A supportive residence licensed under the
26    Supportive Residences Licensing Act.

 

 

HB3472- 187 -LRB100 05726 SMS 15748 b

1        (9) The portion of a life care facility as defined in
2    the Life Care Facilities Act not licensed as an assisted
3    living establishment under this Act; a life care facility
4    may apply under this Act to convert sections of the
5    community to assisted living.
6        (10) A free-standing hospice facility licensed under
7    the Hospice Program Licensing Act.
8        (11) A shared housing establishment.
9        (12) A supportive living facility as described in
10    Section 5-5.01a of the Illinois Public Aid Code.
11    "Department" means the Department of Public Health.
12    "Director" means the Director of Public Health.
13    "Emergency situation" means imminent danger of death or
14serious physical harm to a resident of an establishment.
15    "License" means any of the following types of licenses
16issued to an applicant or licensee by the Department:
17        (1) "Probationary license" means a license issued to an
18    applicant or licensee that has not held a license under
19    this Act prior to its application or pursuant to a license
20    transfer in accordance with Section 50 of this Act.
21        (2) "Regular license" means a license issued by the
22    Department to an applicant or licensee that is in
23    substantial compliance with this Act and any rules
24    promulgated under this Act.
25    "Licensee" means a person, agency, association,
26corporation, partnership, or organization that has been issued

 

 

HB3472- 188 -LRB100 05726 SMS 15748 b

1a license to operate an assisted living or shared housing
2establishment.
3    "Licensed health care professional" means a registered
4professional nurse, an advanced practice registered nurse, a
5physician assistant, and a licensed practical nurse.
6    "Mandatory services" include the following:
7        (1) 3 meals per day available to the residents prepared
8    by the establishment or an outside contractor;
9        (2) housekeeping services including, but not limited
10    to, vacuuming, dusting, and cleaning the resident's unit;
11        (3) personal laundry and linen services available to
12    the residents provided or arranged for by the
13    establishment;
14        (4) security provided 24 hours each day including, but
15    not limited to, locked entrances or building or contract
16    security personnel;
17        (5) an emergency communication response system, which
18    is a procedure in place 24 hours each day by which a
19    resident can notify building management, an emergency
20    response vendor, or others able to respond to his or her
21    need for assistance; and
22        (6) assistance with activities of daily living as
23    required by each resident.
24    "Negotiated risk" is the process by which a resident, or
25his or her representative, may formally negotiate with
26providers what risks each are willing and unwilling to assume

 

 

HB3472- 189 -LRB100 05726 SMS 15748 b

1in service provision and the resident's living environment. The
2provider assures that the resident and the resident's
3representative, if any, are informed of the risks of these
4decisions and of the potential consequences of assuming these
5risks.
6    "Owner" means the individual, partnership, corporation,
7association, or other person who owns an assisted living or
8shared housing establishment. In the event an assisted living
9or shared housing establishment is operated by a person who
10leases or manages the physical plant, which is owned by another
11person, "owner" means the person who operates the assisted
12living or shared housing establishment, except that if the
13person who owns the physical plant is an affiliate of the
14person who operates the assisted living or shared housing
15establishment and has significant control over the day to day
16operations of the assisted living or shared housing
17establishment, the person who owns the physical plant shall
18incur jointly and severally with the owner all liabilities
19imposed on an owner under this Act.
20    "Physician" means a person licensed under the Medical
21Practice Act of 1987 to practice medicine in all of its
22branches.
23    "Resident" means a person residing in an assisted living or
24shared housing establishment.
25    "Resident's representative" means a person, other than the
26owner, agent, or employee of an establishment or of the health

 

 

HB3472- 190 -LRB100 05726 SMS 15748 b

1care provider unless related to the resident, designated in
2writing by a resident to be his or her representative. This
3designation may be accomplished through the Illinois Power of
4Attorney Act, pursuant to the guardianship process under the
5Probate Act of 1975, or pursuant to an executed designation of
6representative form specified by the Department.
7    "Self" means the individual or the individual's designated
8representative.
9    "Shared housing establishment" or "establishment" means a
10publicly or privately operated free-standing residence for 16
11or fewer persons, at least 80% of whom are 55 years of age or
12older and who are unrelated to the owners and one manager of
13the residence, where the following are provided:
14        (1) services consistent with a social model that is
15    based on the premise that the resident's unit is his or her
16    own home;
17        (2) community-based residential care for persons who
18    need assistance with activities of daily living, including
19    housing and personal, supportive, and intermittent
20    health-related services available 24 hours per day, if
21    needed, to meet the scheduled and unscheduled needs of a
22    resident; and
23        (3) mandatory services, whether provided directly by
24    the establishment or by another entity arranged for by the
25    establishment, with the consent of the resident or the
26    resident's representative.

 

 

HB3472- 191 -LRB100 05726 SMS 15748 b

1    "Shared housing establishment" or "establishment" does not
2mean any of the following:
3        (1) A home, institution, or similar place operated by
4    the federal government or the State of Illinois.
5        (2) A long term care facility licensed under the
6    Nursing Home Care Act, a facility licensed under the
7    Specialized Mental Health Rehabilitation Act of 2013, a
8    facility licensed under the ID/DD Community Care Act, or a
9    facility licensed under the MC/DD Act. A facility licensed
10    under any of those Acts may, however, convert sections of
11    the facility to assisted living. If the facility elects to
12    do so, the facility shall retain the Certificate of Need
13    for its nursing beds that were converted.
14        (3) A hospital, sanitarium, or other institution, the
15    principal activity or business of which is the diagnosis,
16    care, and treatment of human illness and that is required
17    to be licensed under the Hospital Licensing Act.
18        (4) A facility for child care as defined in the Child
19    Care Act of 1969.
20        (5) A community living facility as defined in the
21    Community Living Facilities Licensing Act.
22        (6) A nursing home or sanitarium operated solely by and
23    for persons who rely exclusively upon treatment by
24    spiritual means through prayer in accordance with the creed
25    or tenants of a well-recognized church or religious
26    denomination.

 

 

HB3472- 192 -LRB100 05726 SMS 15748 b

1        (7) A facility licensed by the Department of Human
2    Services as a community-integrated living arrangement as
3    defined in the Community-Integrated Living Arrangements
4    Licensure and Certification Act.
5        (8) A supportive residence licensed under the
6    Supportive Residences Licensing Act.
7        (9) A life care facility as defined in the Life Care
8    Facilities Act; a life care facility may apply under this
9    Act to convert sections of the community to assisted
10    living.
11        (10) A free-standing hospice facility licensed under
12    the Hospice Program Licensing Act.
13        (11) An assisted living establishment.
14        (12) A supportive living facility as described in
15    Section 5-5.01a of the Illinois Public Aid Code.
16    "Total assistance" means that staff or another individual
17performs the entire activity of daily living without
18participation by the resident.
19(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
 
20    Section 110. The Illinois Clinical Laboratory and Blood
21Bank Act is amended by changing Section 7-101 as follows:
 
22    (210 ILCS 25/7-101)  (from Ch. 111 1/2, par. 627-101)
23    Sec. 7-101. Examination of specimens. A clinical
24laboratory shall examine specimens only at the request of (i) a

 

 

HB3472- 193 -LRB100 05726 SMS 15748 b

1licensed physician, (ii) a licensed dentist, (iii) a licensed
2podiatric physician, (iv) a licensed optometrist, (v) a
3licensed physician assistant, (v-A) a licensed advanced
4practice registered nurse, (vi) an authorized law enforcement
5agency or, in the case of blood alcohol, at the request of the
6individual for whom the test is to be performed in compliance
7with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code,
8or (vii) a genetic counselor with the specific authority from a
9referral to order a test or tests pursuant to subsection (b) of
10Section 20 of the Genetic Counselor Licensing Act. If the
11request to a laboratory is oral, the physician or other
12authorized person shall submit a written request to the
13laboratory within 48 hours. If the laboratory does not receive
14the written request within that period, it shall note that fact
15in its records. For purposes of this Section, a request made by
16electronic mail or fax constitutes a written request.
17(Source: P.A. 98-185, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756,
18eff. 7-16-14; 98-767, eff. 1-1-15; 99-173, eff. 7-29-15.)
 
19    Section 115. The Nursing Home Care Act is amended by
20changing Section 3-206.05 as follows:
 
21    (210 ILCS 45/3-206.05)
22    Sec. 3-206.05. Safe resident handling policy.
23    (a) In this Section:
24    "Health care worker" means an individual providing direct

 

 

HB3472- 194 -LRB100 05726 SMS 15748 b

1resident care services who may be required to lift, transfer,
2reposition, or move a resident.
3    "Nurse" means an advanced practice registered nurse, a
4registered nurse, or a licensed practical nurse licensed under
5the Nurse Practice Act.
6    "Safe lifting equipment and accessories" means mechanical
7equipment designed to lift, move, reposition, and transfer
8residents, including, but not limited to, fixed and portable
9ceiling lifts, sit-to-stand lifts, slide sheets and boards,
10slings, and repositioning and turning sheets.
11    "Safe lifting team" means at least 2 individuals who are
12trained and proficient in the use of both safe lifting
13techniques and safe lifting equipment and accessories.
14    "Adjustable equipment" means products and devices that may
15be adapted for use by individuals with physical and other
16disabilities in order to optimize accessibility. Adjustable
17equipment includes, but is not limited to, the following:
18        (1) Wheelchairs with adjustable footrest height and
19    seat width and depth.
20        (2) Height-adjustable, drop-arm commode chairs and
21    height-adjustable shower gurneys or shower benches to
22    enable individuals with mobility disabilities to use a
23    toilet and to shower safely and with increased comfort.
24        (3) Accessible weight scales that accommodate
25    wheelchair users.
26        (4) Height-adjustable beds that can be lowered to

 

 

HB3472- 195 -LRB100 05726 SMS 15748 b

1    accommodate individuals with mobility disabilities in
2    getting in and out of bed and that utilize drop-down side
3    railings for stability and positioning support.
4        (5) Universally designed or adaptable call buttons and
5    motorized bed position and height controls that can be
6    operated by persons with limited or no reach range, fine
7    motor ability, or vision.
8        (6) Height-adjustable platform tables for physical
9    therapy with drop-down side railings for stability and
10    positioning support.
11        (7) Therapeutic rehabilitation and exercise machines
12    with foot straps to secure the user's feet to the pedals
13    and with cuffs or splints to augment the user's grip
14    strength on handles.
15    (b) A facility must adopt and ensure implementation of a
16policy to identify, assess, and develop strategies to control
17risk of injury to residents and nurses and other health care
18workers associated with the lifting, transferring,
19repositioning, or movement of a resident. The policy shall
20establish a process that, at a minimum, includes all of the
21following:
22        (1) Analysis of the risk of injury to residents and
23    nurses and other health care workers taking into account
24    the resident handling needs of the resident populations
25    served by the facility and the physical environment in
26    which the resident handling and movement occurs.

 

 

HB3472- 196 -LRB100 05726 SMS 15748 b

1        (2) Education and training of nurses and other direct
2    resident care providers in the identification, assessment,
3    and control of risks of injury to residents and nurses and
4    other health care workers during resident handling and on
5    safe lifting policies and techniques and current lifting
6    equipment.
7        (3) Evaluation of alternative ways to reduce risks
8    associated with resident handling, including evaluation of
9    equipment and the environment.
10        (4) Restriction, to the extent feasible with existing
11    equipment and aids, of manual resident handling or movement
12    of all or most of a resident's weight except for emergency,
13    life-threatening, or otherwise exceptional circumstances.
14        (5) Procedures for a nurse to refuse to perform or be
15    involved in resident handling or movement that the nurse in
16    good faith believes will expose a resident or nurse or
17    other health care worker to an unacceptable risk of injury.
18        (6) Development of strategies to control risk of injury
19    to residents and nurses and other health care workers
20    associated with the lifting, transferring, repositioning,
21    or movement of a resident.
22        (7) In developing architectural plans for construction
23    or remodeling of a facility or unit of a facility in which
24    resident handling and movement occurs, consideration of
25    the feasibility of incorporating resident handling
26    equipment or the physical space and construction design

 

 

HB3472- 197 -LRB100 05726 SMS 15748 b

1    needed to incorporate that equipment.
2        (8) Fostering and maintaining resident safety,
3    dignity, self-determination, and choice, including the
4    following policies, strategies, and procedures:
5            (A) The existence and availability of a trained
6        safe lifting team.
7            (B) A policy of advising residents of a range of
8        transfer and lift options, including adjustable
9        diagnostic and treatment equipment, mechanical lifts,
10        and provision of a trained safe lifting team.
11            (C) The right of a competent resident, or the
12        guardian of a resident adjudicated incompetent, to
13        choose among the range of transfer and lift options
14        consistent with the procedures set forth under
15        subdivision (b)(5) and the policies set forth under
16        this paragraph (8), subject to the provisions of
17        subparagraph (E) of this paragraph (8).
18            (D) Procedures for documenting, upon admission and
19        as status changes, a mobility assessment and plan for
20        lifting, transferring, repositioning, or movement of a
21        resident, including the choice of the resident or the
22        resident's guardian among the range of transfer and
23        lift options.
24            (E) Incorporation of such safe lifting procedures,
25        techniques, and equipment as are consistent with
26        applicable federal law.

 

 

HB3472- 198 -LRB100 05726 SMS 15748 b

1    (c) Safe lifting teams must receive specialized, in-depth
2training that includes, but need not be limited to, the
3following:
4        (1) Types and operation of equipment.
5        (2) Safe manual lifting and moving techniques.
6        (3) Ergonomic principles in the assessment of risk both
7    to nurses and other workers and to residents.
8        (4) The selection, safe use, location, and condition of
9    appropriate pieces of equipment individualized to each
10    resident's medical and physical conditions and
11    preferences.
12        (5) Procedures for advising residents of the full range
13    of transfer and lift options and for documenting
14    individualized lifting plans that include resident choice.
15    Specialized, in-depth training may rely on federal
16standards and guidelines such as the United States Department
17of Labor Guidelines for Nursing Homes, supplemented by federal
18requirements for barrier removal, independent access, and
19means of accommodation optimizing independent movement and
20transfer.
21(Source: P.A. 96-389, eff. 1-1-10; 97-866, eff. 1-1-13.)
 
22    Section 120. The Emergency Medical Services (EMS) Systems
23Act is amended by changing Sections 3.10 and 3.117 as follows:
 
24    (210 ILCS 50/3.10)

 

 

HB3472- 199 -LRB100 05726 SMS 15748 b

1    Sec. 3.10. Scope of Services.
2    (a) "Advanced Life Support (ALS) Services" means an
3advanced level of pre-hospital and inter-hospital emergency
4care and non-emergency medical services that includes basic
5life support care, cardiac monitoring, cardiac defibrillation,
6electrocardiography, intravenous therapy, administration of
7medications, drugs and solutions, use of adjunctive medical
8devices, trauma care, and other authorized techniques and
9procedures, as outlined in the provisions of the National EMS
10Education Standards relating to Advanced Life Support and any
11modifications to that curriculum specified in rules adopted by
12the Department pursuant to this Act.
13    That care shall be initiated as authorized by the EMS
14Medical Director in a Department approved advanced life support
15EMS System, under the written or verbal direction of a
16physician licensed to practice medicine in all of its branches
17or under the verbal direction of an Emergency Communications
18Registered Nurse.
19    (b) "Intermediate Life Support (ILS) Services" means an
20intermediate level of pre-hospital and inter-hospital
21emergency care and non-emergency medical services that
22includes basic life support care plus intravenous cannulation
23and fluid therapy, invasive airway management, trauma care, and
24other authorized techniques and procedures, as outlined in the
25Intermediate Life Support national curriculum of the United
26States Department of Transportation and any modifications to

 

 

HB3472- 200 -LRB100 05726 SMS 15748 b

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

 

 

HB3472- 201 -LRB100 05726 SMS 15748 b

1and control of bleeding, as outlined in the Emergency Medical
2Responder (EMR) curriculum of the National EMS Education
3Standards and any modifications to that curriculum specified in
4rules adopted by the Department pursuant to this Act.
5    (e) "Pre-hospital care" means those medical services
6rendered to patients for analytic, resuscitative, stabilizing,
7or preventive purposes, precedent to and during transportation
8of such patients to health care facilities.
9    (f) "Inter-hospital care" means those medical services
10rendered to patients for analytic, resuscitative, stabilizing,
11or preventive purposes, during transportation of such patients
12from one hospital to another hospital.
13    (f-5) "Critical care transport" means the pre-hospital or
14inter-hospital transportation of a critically injured or ill
15patient by a vehicle service provider, including the provision
16of medically necessary supplies and services, at a level of
17service beyond the scope of the Paramedic. When medically
18indicated for a patient, as determined by a physician licensed
19to practice medicine in all of its branches, an advanced
20practice registered nurse, or a physician's assistant, in
21compliance with subsections (b) and (c) of Section 3.155 of
22this Act, critical care transport may be provided by:
23        (1) Department-approved critical care transport
24    providers, not owned or operated by a hospital, utilizing
25    Paramedics with additional training, nurses, or other
26    qualified health professionals; or

 

 

HB3472- 202 -LRB100 05726 SMS 15748 b

1        (2) Hospitals, when utilizing any vehicle service
2    provider or any hospital-owned or operated vehicle service
3    provider. Nothing in Public Act 96-1469 requires a hospital
4    to use, or to be, a Department-approved critical care
5    transport provider when transporting patients, including
6    those critically injured or ill. Nothing in this Act shall
7    restrict or prohibit a hospital from providing, or
8    arranging for, the medically appropriate transport of any
9    patient, as determined by a physician licensed to practice
10    in all of its branches, an advanced practice registered
11    nurse, or a physician's assistant.
12    (g) "Non-emergency medical services" means medical care,
13clinical observation, or medical monitoring rendered to
14patients whose conditions do not meet this Act's definition of
15emergency, before or during transportation of such patients to
16or from health care facilities visited for the purpose of
17obtaining medical or health care services which are not
18emergency in nature, using a vehicle regulated by this Act.
19    (g-5) The Department shall have the authority to promulgate
20minimum standards for critical care transport providers
21through rules adopted pursuant to this Act. All critical care
22transport providers must function within a Department-approved
23EMS System. Nothing in Department rules shall restrict a
24hospital's ability to furnish personnel, equipment, and
25medical supplies to any vehicle service provider, including a
26critical care transport provider. Minimum critical care

 

 

HB3472- 203 -LRB100 05726 SMS 15748 b

1transport provider standards shall include, but are not limited
2to:
3        (1) Personnel staffing and licensure.
4        (2) Education, certification, and experience.
5        (3) Medical equipment and supplies.
6        (4) Vehicular standards.
7        (5) Treatment and transport protocols.
8        (6) Quality assurance and data collection.
9    (h) The provisions of this Act shall not apply to the use
10of an ambulance or SEMSV, unless and until emergency or
11non-emergency medical services are needed during the use of the
12ambulance or SEMSV.
13(Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17.)
 
14    (210 ILCS 50/3.117)
15    Sec. 3.117. Hospital Designations.
16    (a) The Department shall attempt to designate Primary
17Stroke Centers in all areas of the State.
18        (1) The Department shall designate as many certified
19    Primary Stroke Centers as apply for that designation
20    provided they are certified by a nationally-recognized
21    certifying body, approved by the Department, and
22    certification criteria are consistent with the most
23    current nationally-recognized, evidence-based stroke
24    guidelines related to reducing the occurrence,
25    disabilities, and death associated with stroke.

 

 

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1        (2) A hospital certified as a Primary Stroke Center by
2    a nationally-recognized certifying body approved by the
3    Department, shall send a copy of the Certificate and annual
4    fee to the Department and shall be deemed, within 30
5    business days of its receipt by the Department, to be a
6    State-designated Primary Stroke Center.
7        (3) A center designated as a Primary Stroke Center
8    shall pay an annual fee as determined by the Department
9    that shall be no less than $100 and no greater than $500.
10    All fees shall be deposited into the Stroke Data Collection
11    Fund.
12        (3.5) With respect to a hospital that is a designated
13    Primary Stroke Center, the Department shall have the
14    authority and responsibility to do the following:
15            (A) Suspend or revoke a hospital's Primary Stroke
16        Center designation upon receiving notice that the
17        hospital's Primary Stroke Center certification has
18        lapsed or has been revoked by the State recognized
19        certifying body.
20            (B) Suspend a hospital's Primary Stroke Center
21        designation, in extreme circumstances where patients
22        may be at risk for immediate harm or death, until such
23        time as the certifying body investigates and makes a
24        final determination regarding certification.
25            (C) Restore any previously suspended or revoked
26        Department designation upon notice to the Department

 

 

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1        that the certifying body has confirmed or restored the
2        Primary Stroke Center certification of that previously
3        designated hospital.
4            (D) Suspend a hospital's Primary Stroke Center
5        designation at the request of a hospital seeking to
6        suspend its own Department designation.
7        (4) Primary Stroke Center designation shall remain
8    valid at all times while the hospital maintains its
9    certification as a Primary Stroke Center, in good standing,
10    with the certifying body. The duration of a Primary Stroke
11    Center designation shall coincide with the duration of its
12    Primary Stroke Center certification. Each designated
13    Primary Stroke Center shall have its designation
14    automatically renewed upon the Department's receipt of a
15    copy of the accrediting body's certification renewal.
16        (5) A hospital that no longer meets
17    nationally-recognized, evidence-based standards for
18    Primary Stroke Centers, or loses its Primary Stroke Center
19    certification, shall notify the Department and the
20    Regional EMS Advisory Committee within 5 business days.
21    (a-5) The Department shall attempt to designate
22Comprehensive Stroke Centers in all areas of the State.
23        (1) The Department shall designate as many certified
24    Comprehensive Stroke Centers as apply for that
25    designation, provided that the Comprehensive Stroke
26    Centers are certified by a nationally-recognized

 

 

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1    certifying body approved by the Department, and provided
2    that the certifying body's certification criteria are
3    consistent with the most current nationally-recognized and
4    evidence-based stroke guidelines for reducing the
5    occurrence of stroke and the disabilities and death
6    associated with stroke.
7        (2) A hospital certified as a Comprehensive Stroke
8    Center shall send a copy of the Certificate and annual fee
9    to the Department and shall be deemed, within 30 business
10    days of its receipt by the Department, to be a
11    State-designated Comprehensive Stroke Center.
12        (3) A hospital designated as a Comprehensive Stroke
13    Center shall pay an annual fee as determined by the
14    Department that shall be no less than $100 and no greater
15    than $500. All fees shall be deposited into the Stroke Data
16    Collection Fund.
17        (4) With respect to a hospital that is a designated
18    Comprehensive Stroke Center, the Department shall have the
19    authority and responsibility to do the following:
20            (A) Suspend or revoke the hospital's Comprehensive
21        Stroke Center designation upon receiving notice that
22        the hospital's Comprehensive Stroke Center
23        certification has lapsed or has been revoked by the
24        State recognized certifying body.
25            (B) Suspend the hospital's Comprehensive Stroke
26        Center designation, in extreme circumstances in which

 

 

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1        patients may be at risk for immediate harm or death,
2        until such time as the certifying body investigates and
3        makes a final determination regarding certification.
4            (C) Restore any previously suspended or revoked
5        Department designation upon notice to the Department
6        that the certifying body has confirmed or restored the
7        Comprehensive Stroke Center certification of that
8        previously designated hospital.
9            (D) Suspend the hospital's Comprehensive Stroke
10        Center designation at the request of a hospital seeking
11        to suspend its own Department designation.
12        (5) Comprehensive Stroke Center designation shall
13    remain valid at all times while the hospital maintains its
14    certification as a Comprehensive Stroke Center, in good
15    standing, with the certifying body. The duration of a
16    Comprehensive Stroke Center designation shall coincide
17    with the duration of its Comprehensive Stroke Center
18    certification. Each designated Comprehensive Stroke Center
19    shall have its designation automatically renewed upon the
20    Department's receipt of a copy of the certifying body's
21    certification renewal.
22        (6) A hospital that no longer meets
23    nationally-recognized, evidence-based standards for
24    Comprehensive Stroke Centers, or loses its Comprehensive
25    Stroke Center certification, shall notify the Department
26    and the Regional EMS Advisory Committee within 5 business

 

 

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1    days.
2    (b) Beginning on the first day of the month that begins 12
3months after the adoption of rules authorized by this
4subsection, the Department shall attempt to designate
5hospitals as Acute Stroke-Ready Hospitals in all areas of the
6State. Designation may be approved by the Department after a
7hospital has been certified as an Acute Stroke-Ready Hospital
8or through application and designation by the Department. For
9any hospital that is designated as an Emergent Stroke Ready
10Hospital at the time that the Department begins the designation
11of Acute Stroke-Ready Hospitals, the Emergent Stroke Ready
12designation shall remain intact for the duration of the
1312-month period until that designation expires. Until the
14Department begins the designation of hospitals as Acute
15Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke
16Ready Hospital designation utilizing the processes and
17criteria provided in Public Act 96-514.
18        (1) (Blank).
19        (2) Hospitals may apply for, and receive, Acute
20    Stroke-Ready Hospital designation from the Department,
21    provided that the hospital attests, on a form developed by
22    the Department in consultation with the State Stroke
23    Advisory Subcommittee, that it meets, and will continue to
24    meet, the criteria for Acute Stroke-Ready Hospital
25    designation and pays an annual fee.
26        A hospital designated as an Acute Stroke-Ready

 

 

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1    Hospital shall pay an annual fee as determined by the
2    Department that shall be no less than $100 and no greater
3    than $500. All fees shall be deposited into the Stroke Data
4    Collection Fund.
5        (2.5) A hospital may apply for, and receive, Acute
6    Stroke-Ready Hospital designation from the Department,
7    provided that the hospital provides proof of current Acute
8    Stroke-Ready Hospital certification and the hospital pays
9    an annual fee.
10            (A) Acute Stroke-Ready Hospital designation shall
11        remain valid at all times while the hospital maintains
12        its certification as an Acute Stroke-Ready Hospital,
13        in good standing, with the certifying body.
14            (B) The duration of an Acute Stroke-Ready Hospital
15        designation shall coincide with the duration of its
16        Acute Stroke-Ready Hospital certification.
17            (C) Each designated Acute Stroke-Ready Hospital
18        shall have its designation automatically renewed upon
19        the Department's receipt of a copy of the certifying
20        body's certification renewal and Application for
21        Stroke Center Designation form.
22            (D) A hospital must submit a copy of its
23        certification renewal from the certifying body as soon
24        as practical but no later than 30 business days after
25        that certification is received by the hospital. Upon
26        the Department's receipt of the renewal certification,

 

 

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1        the Department shall renew the hospital's Acute
2        Stroke-Ready Hospital designation.
3            (E) A hospital designated as an Acute Stroke-Ready
4        Hospital shall pay an annual fee as determined by the
5        Department that shall be no less than $100 and no
6        greater than $500. All fees shall be deposited into the
7        Stroke Data Collection Fund.
8        (3) Hospitals seeking Acute Stroke-Ready Hospital
9    designation that do not have certification shall develop
10    policies and procedures that are consistent with
11    nationally-recognized, evidence-based protocols for the
12    provision of emergent stroke care. Hospital policies
13    relating to emergent stroke care and stroke patient
14    outcomes shall be reviewed at least annually, or more often
15    as needed, by a hospital committee that oversees quality
16    improvement. Adjustments shall be made as necessary to
17    advance the quality of stroke care delivered. Criteria for
18    Acute Stroke-Ready Hospital designation of hospitals shall
19    be limited to the ability of a hospital to:
20            (A) create written acute care protocols related to
21        emergent stroke care;
22            (A-5) participate in the data collection system
23        provided in Section 3.118, if available;
24            (B) maintain a written transfer agreement with one
25        or more hospitals that have neurosurgical expertise;
26            (C) designate a Clinical Director of Stroke Care

 

 

HB3472- 211 -LRB100 05726 SMS 15748 b

1        who shall be a clinical member of the hospital staff
2        with training or experience, as defined by the
3        facility, in the care of patients with cerebrovascular
4        disease. This training or experience may include, but
5        is not limited to, completion of a fellowship or other
6        specialized training in the area of cerebrovascular
7        disease, attendance at national courses, or prior
8        experience in neuroscience intensive care units. The
9        Clinical Director of Stroke Care may be a neurologist,
10        neurosurgeon, emergency medicine physician, internist,
11        radiologist, advanced practice registered nurse, or
12        physician's assistant;
13            (C-5) provide rapid access to an acute stroke team,
14        as defined by the facility, that considers and reflects
15        nationally-recognized, evidenced-based protocols or
16        guidelines;
17            (D) administer thrombolytic therapy, or
18        subsequently developed medical therapies that meet
19        nationally-recognized, evidence-based stroke
20        guidelines;
21            (E) conduct brain image tests at all times;
22            (F) conduct blood coagulation studies at all
23        times;
24            (G) maintain a log of stroke patients, which shall
25        be available for review upon request by the Department
26        or any hospital that has a written transfer agreement

 

 

HB3472- 212 -LRB100 05726 SMS 15748 b

1        with the Acute Stroke-Ready Hospital;
2            (H) admit stroke patients to a unit that can
3        provide appropriate care that considers and reflects
4        nationally-recognized, evidence-based protocols or
5        guidelines or transfer stroke patients to an Acute
6        Stroke-Ready Hospital, Primary Stroke Center, or
7        Comprehensive Stroke Center, or another facility that
8        can provide the appropriate care that considers and
9        reflects nationally-recognized, evidence-based
10        protocols or guidelines; and
11            (I) demonstrate compliance with
12        nationally-recognized quality indicators.
13        (4) With respect to Acute Stroke-Ready Hospital
14    designation, the Department shall have the authority and
15    responsibility to do the following:
16            (A) Require hospitals applying for Acute
17        Stroke-Ready Hospital designation to attest, on a form
18        developed by the Department in consultation with the
19        State Stroke Advisory Subcommittee, that the hospital
20        meets, and will continue to meet, the criteria for an
21        Acute Stroke-Ready Hospital.
22            (A-5) Require hospitals applying for Acute
23        Stroke-Ready Hospital designation via national Acute
24        Stroke-Ready Hospital certification to provide proof
25        of current Acute Stroke-Ready Hospital certification,
26        in good standing.

 

 

HB3472- 213 -LRB100 05726 SMS 15748 b

1            The Department shall require a hospital that is
2        already certified as an Acute Stroke-Ready Hospital to
3        send a copy of the Certificate to the Department.
4            Within 30 business days of the Department's
5        receipt of a hospital's Acute Stroke-Ready Certificate
6        and Application for Stroke Center Designation form
7        that indicates that the hospital is a certified Acute
8        Stroke-Ready Hospital, in good standing, the hospital
9        shall be deemed a State-designated Acute Stroke-Ready
10        Hospital. The Department shall send a designation
11        notice to each hospital that it designates as an Acute
12        Stroke-Ready Hospital and shall add the names of
13        designated Acute Stroke-Ready Hospitals to the website
14        listing immediately upon designation. The Department
15        shall immediately remove the name of a hospital from
16        the website listing when a hospital loses its
17        designation after notice and, if requested by the
18        hospital, a hearing.
19            The Department shall develop an Application for
20        Stroke Center Designation form that contains a
21        statement that "The above named facility meets the
22        requirements for Acute Stroke-Ready Hospital
23        Designation as provided in Section 3.117 of the
24        Emergency Medical Services (EMS) Systems Act" and
25        shall instruct the applicant facility to provide: the
26        hospital name and address; the hospital CEO or

 

 

HB3472- 214 -LRB100 05726 SMS 15748 b

1        Administrator's typed name and signature; the hospital
2        Clinical Director of Stroke Care's typed name and
3        signature; and a contact person's typed name, email
4        address, and phone number.
5            The Application for Stroke Center Designation form
6        shall contain a statement that instructs the hospital
7        to "Provide proof of current Acute Stroke-Ready
8        Hospital certification from a nationally-recognized
9        certifying body approved by the Department".
10            (B) Designate a hospital as an Acute Stroke-Ready
11        Hospital no more than 30 business days after receipt of
12        an attestation that meets the requirements for
13        attestation, unless the Department, within 30 days of
14        receipt of the attestation, chooses to conduct an
15        onsite survey prior to designation. If the Department
16        chooses to conduct an onsite survey prior to
17        designation, then the onsite survey shall be conducted
18        within 90 days of receipt of the attestation.
19            (C) Require annual written attestation, on a form
20        developed by the Department in consultation with the
21        State Stroke Advisory Subcommittee, by Acute
22        Stroke-Ready Hospitals to indicate compliance with
23        Acute Stroke-Ready Hospital criteria, as described in
24        this Section, and automatically renew Acute
25        Stroke-Ready Hospital designation of the hospital.
26            (D) Issue an Emergency Suspension of Acute

 

 

HB3472- 215 -LRB100 05726 SMS 15748 b

1        Stroke-Ready Hospital designation when the Director,
2        or his or her designee, has determined that the
3        hospital no longer meets the Acute Stroke-Ready
4        Hospital criteria and an immediate and serious danger
5        to the public health, safety, and welfare exists. If
6        the Acute Stroke-Ready Hospital fails to eliminate the
7        violation immediately or within a fixed period of time,
8        not exceeding 10 days, as determined by the Director,
9        the Director may immediately revoke the Acute
10        Stroke-Ready Hospital designation. The Acute
11        Stroke-Ready Hospital may appeal the revocation within
12        15 business days after receiving the Director's
13        revocation order, by requesting an administrative
14        hearing.
15            (E) After notice and an opportunity for an
16        administrative hearing, suspend, revoke, or refuse to
17        renew an Acute Stroke-Ready Hospital designation, when
18        the Department finds the hospital is not in substantial
19        compliance with current Acute Stroke-Ready Hospital
20        criteria.
21    (c) The Department shall consult with the State Stroke
22Advisory Subcommittee for developing the designation,
23re-designation, and de-designation processes for Comprehensive
24Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready
25Hospitals.
26    (d) The Department shall consult with the State Stroke

 

 

HB3472- 216 -LRB100 05726 SMS 15748 b

1Advisory Subcommittee as subject matter experts at least
2annually regarding stroke standards of care.
3(Source: P.A. 98-756, eff. 7-16-14; 98-1001, eff. 1-1-15.)
 
4    Section 125. The Home Health, Home Services, and Home
5Nursing Agency Licensing Act is amended by changing Sections
62.05 and 2.11 as follows:
 
7    (210 ILCS 55/2.05)  (from Ch. 111 1/2, par. 2802.05)
8    Sec. 2.05. "Home health services" means services provided
9to a person at his residence according to a plan of treatment
10for illness or infirmity prescribed by a physician licensed to
11practice medicine in all its branches, a licensed physician
12assistant, or a licensed advanced practice registered nurse.
13Such services include part time and intermittent nursing
14services and other therapeutic services such as physical
15therapy, occupational therapy, speech therapy, medical social
16services, or services provided by a home health aide.
17(Source: P.A. 98-261, eff. 8-9-13; 99-173, eff. 7-29-15.)
 
18    (210 ILCS 55/2.11)
19    Sec. 2.11. "Home nursing agency" means an agency that
20provides services directly, or acts as a placement agency, in
21order to deliver skilled nursing and home health aide services
22to persons in their personal residences. A home nursing agency
23provides services that would require a licensed nurse to

 

 

HB3472- 217 -LRB100 05726 SMS 15748 b

1perform. Home health aide services are provided under the
2direction of a registered professional nurse or advanced
3practice registered Advanced Practice nurse. A home nursing
4agency does not require licensure as a home health agency under
5this Act. "Home nursing agency" does not include an
6individually licensed nurse acting as a private contractor or a
7person that provides or procures temporary employment in health
8care facilities, as defined in the Nurse Agency Licensing Act.
9(Source: P.A. 94-379, eff. 1-1-06; 95-951, eff. 8-29-08.)
 
10    Section 130. The End Stage Renal Disease Facility Act is
11amended by changing Section 25 as follows:
 
12    (210 ILCS 62/25)
13    Sec. 25. Minimum staffing. An end stage renal disease
14facility shall be under the medical direction of a physician
15experienced in renal disease treatment, as required for
16licensure under this Act. Additionally, at a minimum, every
17facility licensed under this Act shall ensure that whenever
18patients are undergoing dialysis all of the following are met:
19        (1) one currently licensed physician, registered
20    nurse, physician assistant, advanced practice registered
21    nurse, or licensed practical nurse experienced in
22    rendering end stage renal disease care is physically
23    present on the premises to oversee patient care; and
24        (2) adequate staff is present to meet the medical and

 

 

HB3472- 218 -LRB100 05726 SMS 15748 b

1    non-medical needs of each patient, as provided by this Act
2    and the rules adopted pursuant to this Act.
3(Source: P.A. 92-794, eff. 7-1-03.)
 
4    Section 135. The Hospital Licensing Act is amended by
5changing Sections 6.14g, 6.23a, 6.25, 10, 10.7, 10.8, and 10.9
6as follows:
 
7    (210 ILCS 85/6.14g)
8    Sec. 6.14g. Reports to the Department; opioid overdoses.
9    (a) As used in this Section:
10    "Overdose" has the same meaning as provided in Section 414
11of the Illinois Controlled Substances Act.
12    "Health care professional" includes a physician licensed
13to practice medicine in all its branches, a physician
14assistant, or an advanced practice registered nurse licensed in
15the State.
16    (b) When treatment is provided in a hospital's emergency
17department, a health care professional who treats a drug
18overdose or hospital administrator or designee shall report the
19case to the Department of Public Health within 48 hours of
20providing treatment for the drug overdose or at such time the
21drug overdose is confirmed. The Department shall by rule create
22a form for this purpose which requires the following
23information, if known: (1) whether an opioid antagonist was
24administered; (2) the cause of the overdose; and (3) the

 

 

HB3472- 219 -LRB100 05726 SMS 15748 b

1demographic information of the person treated. The Department
2shall create the form with input from the statewide association
3representing a majority of hospitals in Illinois. The person
4completing the form may not disclose the name, address, or any
5other personal information of the individual experiencing the
6overdose.
7    (c) The identity of the person and entity reporting under
8this subsection shall not be disclosed to the subject of the
9report. For the purposes of this subsection, the health care
10professional, hospital administrator, or designee making the
11report and his or her employer shall not be held criminally,
12civilly, or professionally liable for reporting under this
13subsection, except for willful or wanton misconduct.
14    (d) The Department shall provide a semiannual report to the
15General Assembly summarizing the reports received. The
16Department shall also provide on its website a monthly report
17of drug overdose figures. The figures shall be organized by the
18overdose location, the age of the victim, the cause of the
19overdose, and any other factors the Department deems
20appropriate.
21(Source: P.A. 99-480, eff. 9-9-15.)
 
22    (210 ILCS 85/6.23a)
23    Sec. 6.23a. Sepsis screening protocols.
24    (a) Each hospital shall adopt, implement, and periodically
25update evidence-based protocols for the early recognition and

 

 

HB3472- 220 -LRB100 05726 SMS 15748 b

1treatment of patients with sepsis, severe sepsis, or septic
2shock (sepsis protocols) that are based on generally accepted
3standards of care. Sepsis protocols must include components
4specific to the identification, care, and treatment of adults
5and of children, and must clearly identify where and when
6components will differ for adults and for children seeking
7treatment in the emergency department or as an inpatient. These
8protocols must also include the following components:
9        (1) a process for the screening and early recognition
10    of patients with sepsis, severe sepsis, or septic shock;
11        (2) a process to identify and document individuals
12    appropriate for treatment through sepsis protocols,
13    including explicit criteria defining those patients who
14    should be excluded from the protocols, such as patients
15    with certain clinical conditions or who have elected
16    palliative care;
17        (3) guidelines for hemodynamic support with explicit
18    physiologic and treatment goals, methodology for invasive
19    or non-invasive hemodynamic monitoring, and timeframe
20    goals;
21        (4) for infants and children, guidelines for fluid
22    resuscitation consistent with current, evidence-based
23    guidelines for severe sepsis and septic shock with defined
24    therapeutic goals for children;
25        (5) identification of the infectious source and
26    delivery of early broad spectrum antibiotics with timely

 

 

HB3472- 221 -LRB100 05726 SMS 15748 b

1    re-evaluation to adjust to narrow spectrum antibiotics
2    targeted to identified infectious sources; and
3        (6) criteria for use, based on accepted evidence of
4    vasoactive agents.
5    (b) Each hospital shall ensure that professional staff with
6direct patient care responsibilities and, as appropriate,
7staff with indirect patient care responsibilities, including,
8but not limited to, laboratory and pharmacy staff, are
9periodically trained to implement the sepsis protocols
10required under subsection (a). The hospital shall ensure
11updated training of staff if the hospital initiates substantive
12changes to the sepsis protocols.
13    (c) Each hospital shall be responsible for the collection
14and utilization of quality measures related to the recognition
15and treatment of severe sepsis for purposes of internal quality
16improvement.
17    (d) The evidence-based protocols adopted under this
18Section shall be provided to the Department upon the
19Department's request.
20    (e) Hospitals submitting sepsis data as required by the
21Centers for Medicare and Medicaid Services Hospital Inpatient
22Quality Reporting program as of fiscal year 2016 are presumed
23to meet the sepsis protocol requirements outlined in this
24Section.
25    (f) Subject to appropriation, the Department shall:
26        (1) recommend evidence-based sepsis definitions and

 

 

HB3472- 222 -LRB100 05726 SMS 15748 b

1    metrics that incorporate evidence-based findings,
2    including appropriate antibiotic stewardship, and that
3    align with the National Quality Forum, the Centers for
4    Medicare and Medicaid Services, the Agency for Healthcare
5    Research and Quality, and the Joint Commission;
6        (2) establish and use a methodology for collecting,
7    analyzing, and disclosing the information collected under
8    this Section, including collection methods, formatting,
9    and methods and means for aggregate data release and
10    dissemination;
11        (3) complete a digest of efforts and recommendations no
12    later than 12 months after the effective date of this
13    amendatory Act of the 99th General Assembly; the digest may
14    include Illinois-specific data, trends, conditions, or
15    other clinical factors; a summary shall be provided to the
16    Governor and General Assembly and shall be publicly
17    available on the Department's website; and
18        (4) consult and seek input and feedback prior to the
19    proposal, publication, or issuance of any guidance,
20    methodologies, metrics, rulemaking, or any other
21    information authorized under this Section from statewide
22    organizations representing hospitals, physicians, advanced
23    practice registered nurses, pharmacists, and long-term
24    care facilities. Public and private hospitals,
25    epidemiologists, infection prevention professionals,
26    health care informatics and health care data

 

 

HB3472- 223 -LRB100 05726 SMS 15748 b

1    professionals, and academic researchers may be consulted.
2    If the Department receives an appropriation and carries out
3the requirements of paragraphs (1), (2), (3), and (4), then the
4Department may adopt rules concerning the collection of data
5from hospitals regarding sepsis and requiring that each
6hospital shall be responsible for reporting to the Department.
7    Any publicly released hospital-specific information under
8this Section is subject to data provisions specified in Section
925 of the Hospital Report Card Act.
10(Source: P.A. 99-828, eff. 8-18-16.)
 
11    (210 ILCS 85/6.25)
12    Sec. 6.25. Safe patient handling policy.
13    (a) In this Section:
14    "Health care worker" means an individual providing direct
15patient care services who may be required to lift, transfer,
16reposition, or move a patient.
17    "Nurse" means an advanced practice registered nurse, a
18registered nurse, or a licensed practical nurse licensed under
19the Nurse Practice Act.
20    "Safe lifting equipment and accessories" means mechanical
21equipment designed to lift, move, reposition, and transfer
22patients, including, but not limited to, fixed and portable
23ceiling lifts, sit-to-stand lifts, slide sheets and boards,
24slings, and repositioning and turning sheets.
25    "Safe lifting team" means at least 2 individuals who are

 

 

HB3472- 224 -LRB100 05726 SMS 15748 b

1trained in the use of both safe lifting techniques and safe
2lifting equipment and accessories, including the
3responsibility for knowing the location and condition of such
4equipment and accessories.
5    (b) A hospital must adopt and ensure implementation of a
6policy to identify, assess, and develop strategies to control
7risk of injury to patients and nurses and other health care
8workers associated with the lifting, transferring,
9repositioning, or movement of a patient. The policy shall
10establish a process that, at a minimum, includes all of the
11following:
12        (1) Analysis of the risk of injury to patients and
13    nurses and other health care workers posted by the patient
14    handling needs of the patient populations served by the
15    hospital and the physical environment in which the patient
16    handling and movement occurs.
17        (2) Education and training of nurses and other direct
18    patient care providers in the identification, assessment,
19    and control of risks of injury to patients and nurses and
20    other health care workers during patient handling and on
21    safe lifting policies and techniques and current lifting
22    equipment.
23        (3) Evaluation of alternative ways to reduce risks
24    associated with patient handling, including evaluation of
25    equipment and the environment.
26        (4) Restriction, to the extent feasible with existing

 

 

HB3472- 225 -LRB100 05726 SMS 15748 b

1    equipment and aids, of manual patient handling or movement
2    of all or most of a patient's weight except for emergency,
3    life-threatening, or otherwise exceptional circumstances.
4        (5) Collaboration with and an annual report to the
5    nurse staffing committee.
6        (6) Procedures for a nurse to refuse to perform or be
7    involved in patient handling or movement that the nurse in
8    good faith believes will expose a patient or nurse or other
9    health care worker to an unacceptable risk of injury.
10        (7) Submission of an annual report to the hospital's
11    governing body or quality assurance committee on
12    activities related to the identification, assessment, and
13    development of strategies to control risk of injury to
14    patients and nurses and other health care workers
15    associated with the lifting, transferring, repositioning,
16    or movement of a patient.
17        (8) In developing architectural plans for construction
18    or remodeling of a hospital or unit of a hospital in which
19    patient handling and movement occurs, consideration of the
20    feasibility of incorporating patient handling equipment or
21    the physical space and construction design needed to
22    incorporate that equipment.
23        (9) Fostering and maintaining patient safety, dignity,
24    self-determination, and choice, including the following
25    policies, strategies, and procedures:
26            (A) the existence and availability of a trained

 

 

HB3472- 226 -LRB100 05726 SMS 15748 b

1        safe lifting team;
2            (B) a policy of advising patients of a range of
3        transfer and lift options, including adjustable
4        diagnostic and treatment equipment, mechanical lifts,
5        and provision of a trained safe lifting team;
6            (C) the right of a competent patient, or guardian
7        of a patient adjudicated incompetent, to choose among
8        the range of transfer and lift options, subject to the
9        provisions of subparagraph (E) of this paragraph (9);
10            (D) procedures for documenting, upon admission and
11        as status changes, a mobility assessment and plan for
12        lifting, transferring, repositioning, or movement of a
13        patient, including the choice of the patient or
14        patient's guardian among the range of transfer and lift
15        options; and
16            (E) incorporation of such safe lifting procedures,
17        techniques, and equipment as are consistent with
18        applicable federal law.
19(Source: P.A. 96-389, eff. 1-1-10; 96-1000, eff. 7-2-10;
2097-122, eff. 1-1-12.)
 
21    (210 ILCS 85/10)  (from Ch. 111 1/2, par. 151)
22    Sec. 10. Board creation; Department rules.
23    (a) The Governor shall appoint a Hospital Licensing Board
24composed of 14 persons, which shall advise and consult with the
25Director in the administration of this Act. The Secretary of

 

 

HB3472- 227 -LRB100 05726 SMS 15748 b

1Human Services (or his or her designee) shall serve on the
2Board, along with one additional representative of the
3Department of Human Services to be designated by the Secretary.
4Four appointive members shall represent the general public and
52 of these shall be members of hospital governing boards; one
6appointive member shall be a registered professional nurse or
7advanced practice registered , nurse as defined in the Nurse
8Practice Act, who is employed in a hospital; 3 appointive
9members shall be hospital administrators actively engaged in
10the supervision or administration of hospitals; 2 appointive
11members shall be practicing physicians, licensed in Illinois to
12practice medicine in all of its branches; and one appointive
13member shall be a physician licensed to practice podiatric
14medicine under the Podiatric Medical Practice Act of 1987; and
15one appointive member shall be a dentist licensed to practice
16dentistry under the Illinois Dental Practice Act. In making
17Board appointments, the Governor shall give consideration to
18recommendations made through the Director by professional
19organizations concerned with hospital administration for the
20hospital administrative and governing board appointments,
21registered professional nurse organizations for the registered
22professional nurse appointment, professional medical
23organizations for the physician appointments, and professional
24dental organizations for the dentist appointment.
25    (b) Each appointive member shall hold office for a term of
263 years, except that any member appointed to fill a vacancy

 

 

HB3472- 228 -LRB100 05726 SMS 15748 b

1occurring prior to the expiration of the term for which his
2predecessor was appointed shall be appointed for the remainder
3of such term and the terms of office of the members first
4taking office shall expire, as designated at the time of
5appointment, 2 at the end of the first year, 2 at the end of the
6second year, and 3 at the end of the third year, after the date
7of appointment. The initial terms of office of the 2 additional
8members representing the general public provided for in this
9Section shall expire at the end of the third year after the
10date of appointment. The term of office of each original
11appointee shall commence July 1, 1953; the term of office of
12the original registered professional nurse appointee shall
13commence July 1, 1969; the term of office of the original
14licensed podiatric physician appointee shall commence July 1,
151981; the term of office of the original dentist appointee
16shall commence July 1, 1987; and the term of office of each
17successor shall commence on July 1 of the year in which his
18predecessor's term expires. Board members, while serving on
19business of the Board, shall receive actual and necessary
20travel and subsistence expenses while so serving away from
21their places of residence. The Board shall meet as frequently
22as the Director deems necessary, but not less than once a year.
23Upon request of 5 or more members, the Director shall call a
24meeting of the Board.
25    (c) The Director shall prescribe rules, regulations,
26standards, and statements of policy needed to implement,

 

 

HB3472- 229 -LRB100 05726 SMS 15748 b

1interpret, or make specific the provisions and purposes of this
2Act. The Department shall adopt rules which set forth standards
3for determining when the public interest, safety or welfare
4requires emergency action in relation to termination of a
5research program or experimental procedure conducted by a
6hospital licensed under this Act. No rule, regulation, or
7standard shall be adopted by the Department concerning the
8operation of hospitals licensed under this Act which has not
9had prior approval of the Hospital Licensing Board, nor shall
10the Department adopt any rule, regulation or standard relating
11to the establishment of a hospital without consultation with
12the Hospital Licensing Board.
13    (d) Within one year after August 7, 1984 (the effective
14date of Public Act 83-1248) this amendatory Act of 1984, all
15hospitals licensed under this Act and providing perinatal care
16shall comply with standards of perinatal care promulgated by
17the Department. The Director shall promulgate rules or
18regulations under this Act which are consistent with the
19Developmental Disability Prevention Act "An Act relating to the
20prevention of developmental disabilities", approved September
216, 1973, as amended.
22(Source: P.A. 98-214, eff. 8-9-13; revised 10-26-16.)
 
23    (210 ILCS 85/10.7)
24    Sec. 10.7. Clinical privileges; advanced practice
25registered nurses. All hospitals licensed under this Act shall

 

 

HB3472- 230 -LRB100 05726 SMS 15748 b

1comply with the following requirements:
2        (1) No hospital policy, rule, regulation, or practice
3    shall be inconsistent with the provision of adequate
4    collaboration and consultation in accordance with Section
5    54.5 of the Medical Practice Act of 1987.
6        (2) Operative surgical procedures shall be performed
7    only by a physician licensed to practice medicine in all
8    its branches under the Medical Practice Act of 1987, a
9    dentist licensed under the Illinois Dental Practice Act, or
10    a podiatric physician licensed under the Podiatric Medical
11    Practice Act of 1987, with medical staff membership and
12    surgical clinical privileges granted at the hospital. A
13    licensed physician, dentist, or podiatric physician may be
14    assisted by a physician licensed to practice medicine in
15    all its branches, dentist, dental assistant, podiatric
16    physician, licensed advanced practice registered nurse,
17    licensed physician assistant, licensed registered nurse,
18    licensed practical nurse, surgical assistant, surgical
19    technician, or other individuals granted clinical
20    privileges to assist in surgery at the hospital. Payment
21    for services rendered by an assistant in surgery who is not
22    a hospital employee shall be paid at the appropriate
23    non-physician modifier rate if the payor would have made
24    payment had the same services been provided by a physician.
25        (2.5) A registered nurse licensed under the Nurse
26    Practice Act and qualified by training and experience in

 

 

HB3472- 231 -LRB100 05726 SMS 15748 b

1    operating room nursing shall be present in the operating
2    room and function as the circulating nurse during all
3    invasive or operative procedures. For purposes of this
4    paragraph (2.5), "circulating nurse" means a registered
5    nurse who is responsible for coordinating all nursing care,
6    patient safety needs, and the needs of the surgical team in
7    the operating room during an invasive or operative
8    procedure.
9        (3) An advanced practice registered nurse is not
10    required to possess prescriptive authority or a written
11    collaborative agreement meeting the requirements of the
12    Nurse Practice Act to provide advanced practice registered
13    nursing services in a hospital. An advanced practice
14    registered nurse must possess clinical privileges
15    recommended by the medical staff and granted by the
16    hospital in order to provide services. Individual advanced
17    practice registered nurses may also be granted clinical
18    privileges to order, select, and administer medications,
19    including controlled substances, to provide delineated
20    care. The attending physician must determine the advanced
21    practice registered nurse's role in providing care for his
22    or her patients, except as otherwise provided in medical
23    staff bylaws. The medical staff shall periodically review
24    the services of advanced practice registered nurses
25    granted privileges. This review shall be conducted in
26    accordance with item (2) of subsection (a) of Section 10.8

 

 

HB3472- 232 -LRB100 05726 SMS 15748 b

1    of this Act for advanced practice registered nurses
2    employed by the hospital.
3        (4) The anesthesia service shall be under the direction
4    of a physician licensed to practice medicine in all its
5    branches who has had specialized preparation or experience
6    in the area or who has completed a residency in
7    anesthesiology. An anesthesiologist, Board certified or
8    Board eligible, is recommended. Anesthesia services may
9    only be administered pursuant to the order of a physician
10    licensed to practice medicine in all its branches, licensed
11    dentist, or licensed podiatric physician.
12            (A) The individuals who, with clinical privileges
13        granted at the hospital, may administer anesthesia
14        services are limited to the following:
15                (i) an anesthesiologist; or
16                (ii) a physician licensed to practice medicine
17            in all its branches; or
18                (iii) a dentist with authority to administer
19            anesthesia under Section 8.1 of the Illinois
20            Dental Practice Act; or
21                (iv) a licensed certified registered nurse
22            anesthetist; or
23                (v) a podiatric physician licensed under the
24            Podiatric Medical Practice Act of 1987.
25            (B) For anesthesia services, an anesthesiologist
26        shall participate through discussion of and agreement

 

 

HB3472- 233 -LRB100 05726 SMS 15748 b

1        with the anesthesia plan and shall remain physically
2        present and be available on the premises during the
3        delivery of anesthesia services for diagnosis,
4        consultation, and treatment of emergency medical
5        conditions. In the absence of 24-hour availability of
6        anesthesiologists with medical staff privileges, an
7        alternate policy (requiring participation, presence,
8        and availability of a physician licensed to practice
9        medicine in all its branches) shall be developed by the
10        medical staff and licensed hospital in consultation
11        with the anesthesia service.
12            (C) A certified registered nurse anesthetist is
13        not required to possess prescriptive authority or a
14        written collaborative agreement meeting the
15        requirements of Section 65-35 of the Nurse Practice Act
16        to provide anesthesia services ordered by a licensed
17        physician, dentist, or podiatric physician. Licensed
18        certified registered nurse anesthetists are authorized
19        to select, order, and administer drugs and apply the
20        appropriate medical devices in the provision of
21        anesthesia services under the anesthesia plan agreed
22        with by the anesthesiologist or, in the absence of an
23        available anesthesiologist with clinical privileges,
24        agreed with by the operating physician, operating
25        dentist, or operating podiatric physician in
26        accordance with the hospital's alternative policy.

 

 

HB3472- 234 -LRB100 05726 SMS 15748 b

1(Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
 
2    (210 ILCS 85/10.8)
3    Sec. 10.8. Requirements for employment of physicians.
4    (a) Physician employment by hospitals and hospital
5affiliates. Employing entities may employ physicians to
6practice medicine in all of its branches provided that the
7following requirements are met:
8        (1) The employed physician is a member of the medical
9    staff of either the hospital or hospital affiliate. If a
10    hospital affiliate decides to have a medical staff, its
11    medical staff shall be organized in accordance with written
12    bylaws where the affiliate medical staff is responsible for
13    making recommendations to the governing body of the
14    affiliate regarding all quality assurance activities and
15    safeguarding professional autonomy. The affiliate medical
16    staff bylaws may not be unilaterally changed by the
17    governing body of the affiliate. Nothing in this Section
18    requires hospital affiliates to have a medical staff.
19        (2) Independent physicians, who are not employed by an
20    employing entity, periodically review the quality of the
21    medical services provided by the employed physician to
22    continuously improve patient care.
23        (3) The employing entity and the employed physician
24    sign a statement acknowledging that the employer shall not
25    unreasonably exercise control, direct, or interfere with

 

 

HB3472- 235 -LRB100 05726 SMS 15748 b

1    the employed physician's exercise and execution of his or
2    her professional judgment in a manner that adversely
3    affects the employed physician's ability to provide
4    quality care to patients. This signed statement shall take
5    the form of a provision in the physician's employment
6    contract or a separate signed document from the employing
7    entity to the employed physician. This statement shall
8    state: "As the employer of a physician, (employer's name)
9    shall not unreasonably exercise control, direct, or
10    interfere with the employed physician's exercise and
11    execution of his or her professional judgment in a manner
12    that adversely affects the employed physician's ability to
13    provide quality care to patients."
14        (4) The employing entity shall establish a mutually
15    agreed upon independent review process with criteria under
16    which an employed physician may seek review of the alleged
17    violation of this Section by physicians who are not
18    employed by the employing entity. The affiliate may arrange
19    with the hospital medical staff to conduct these reviews.
20    The independent physicians shall make findings and
21    recommendations to the employing entity and the employed
22    physician within 30 days of the conclusion of the gathering
23    of the relevant information.
24    (b) Definitions. For the purpose of this Section:
25    "Employing entity" means a hospital licensed under the
26Hospital Licensing Act or a hospital affiliate.

 

 

HB3472- 236 -LRB100 05726 SMS 15748 b

1    "Employed physician" means a physician who receives an IRS
2W-2 form, or any successor federal income tax form, from an
3employing entity.
4    "Hospital" means a hospital licensed under the Hospital
5Licensing Act, except county hospitals as defined in subsection
6(c) of Section 15-1 of the Illinois Public Aid Code.
7    "Hospital affiliate" means a corporation, partnership,
8joint venture, limited liability company, or similar
9organization, other than a hospital, that is devoted primarily
10to the provision, management, or support of health care
11services and that directly or indirectly controls, is
12controlled by, or is under common control of the hospital.
13"Control" means having at least an equal or a majority
14ownership or membership interest. A hospital affiliate shall be
15100% owned or controlled by any combination of hospitals, their
16parent corporations, or physicians licensed to practice
17medicine in all its branches in Illinois. "Hospital affiliate"
18does not include a health maintenance organization regulated
19under the Health Maintenance Organization Act.
20    "Physician" means an individual licensed to practice
21medicine in all its branches in Illinois.
22    "Professional judgment" means the exercise of a
23physician's independent clinical judgment in providing
24medically appropriate diagnoses, care, and treatment to a
25particular patient at a particular time. Situations in which an
26employing entity does not interfere with an employed

 

 

HB3472- 237 -LRB100 05726 SMS 15748 b

1physician's professional judgment include, without limitation,
2the following:
3        (1) practice restrictions based upon peer review of the
4    physician's clinical practice to assess quality of care and
5    utilization of resources in accordance with applicable
6    bylaws;
7        (2) supervision of physicians by appropriately
8    licensed medical directors, medical school faculty,
9    department chairpersons or directors, or supervising
10    physicians;
11        (3) written statements of ethical or religious
12    directives; and
13        (4) reasonable referral restrictions that do not, in
14    the reasonable professional judgment of the physician,
15    adversely affect the health or welfare of the patient.
16    (c) Private enforcement. An employed physician aggrieved
17by a violation of this Act may seek to obtain an injunction or
18reinstatement of employment with the employing entity as the
19court may deem appropriate. Nothing in this Section limits or
20abrogates any common law cause of action. Nothing in this
21Section shall be deemed to alter the law of negligence.
22    (d) Department enforcement. The Department may enforce the
23provisions of this Section, but nothing in this Section shall
24require or permit the Department to license, certify, or
25otherwise investigate the activities of a hospital affiliate
26not otherwise required to be licensed by the Department.

 

 

HB3472- 238 -LRB100 05726 SMS 15748 b

1    (e) Retaliation prohibited. No employing entity shall
2retaliate against any employed physician for requesting a
3hearing or review under this Section. No action may be taken
4that affects the ability of a physician to practice during this
5review, except in circumstances where the medical staff bylaws
6authorize summary suspension.
7    (f) Physician collaboration. No employing entity shall
8adopt or enforce, either formally or informally, any policy,
9rule, regulation, or practice inconsistent with the provision
10of adequate collaboration, including medical direction of
11licensed advanced practice registered nurses or supervision of
12licensed physician assistants and delegation to other
13personnel under Section 54.5 of the Medical Practice Act of
141987.
15    (g) Physician disciplinary actions. Nothing in this
16Section shall be construed to limit or prohibit the governing
17body of an employing entity or its medical staff, if any, from
18taking disciplinary actions against a physician as permitted by
19law.
20    (h) Physician review. Nothing in this Section shall be
21construed to prohibit a hospital or hospital affiliate from
22making a determination not to pay for a particular health care
23service or to prohibit a medical group, independent practice
24association, hospital medical staff, or hospital governing
25body from enforcing reasonable peer review or utilization
26review protocols or determining whether the employed physician

 

 

HB3472- 239 -LRB100 05726 SMS 15748 b

1complied with those protocols.
2    (i) Review. Nothing in this Section may be used or
3construed to establish that any activity of a hospital or
4hospital affiliate is subject to review under the Illinois
5Health Facilities Planning Act.
6    (j) Rules. The Department shall adopt any rules necessary
7to implement this Section.
8(Source: P.A. 92-455, eff. 9-30-01; revised 10-26-16.)
 
9    (210 ILCS 85/10.9)
10    Sec. 10.9. Nurse mandated overtime prohibited.
11    (a) Definitions. As used in this Section:
12    "Mandated overtime" means work that is required by the
13hospital in excess of an agreed-to, predetermined work shift.
14Time spent by nurses required to be available as a condition of
15employment in specialized units, such as surgical nursing
16services, shall not be counted or considered in calculating the
17amount of time worked for the purpose of applying the
18prohibition against mandated overtime under subsection (b).
19    "Nurse" means any advanced practice registered nurse,
20registered professional nurse, or licensed practical nurse, as
21defined in the Nurse Practice Act, who receives an hourly wage
22and has direct responsibility to oversee or carry out nursing
23care. For the purposes of this Section, "advanced practice
24registered nurse" does not include a certified registered nurse
25anesthetist who is primarily engaged in performing the duties

 

 

HB3472- 240 -LRB100 05726 SMS 15748 b

1of a nurse anesthetist.
2    "Unforeseen emergent circumstance" means (i) any declared
3national, State, or municipal disaster or other catastrophic
4event, or any implementation of a hospital's disaster plan,
5that will substantially affect or increase the need for health
6care services or (ii) any circumstance in which patient care
7needs require specialized nursing skills through the
8completion of a procedure. An "unforeseen emergent
9circumstance" does not include situations in which the hospital
10fails to have enough nursing staff to meet the usual and
11reasonably predictable nursing needs of its patients.
12    (b) Mandated overtime prohibited. No nurse may be required
13to work mandated overtime except in the case of an unforeseen
14emergent circumstance when such overtime is required only as a
15last resort. Such mandated overtime shall not exceed 4 hours
16beyond an agreed-to, predetermined work shift.
17    (c) Off-duty period. When a nurse is mandated to work up to
1812 consecutive hours, the nurse must be allowed at least 8
19consecutive hours of off-duty time immediately following the
20completion of a shift.
21    (d) Retaliation prohibited. No hospital may discipline,
22discharge, or take any other adverse employment action against
23a nurse solely because the nurse refused to work mandated
24overtime as prohibited under subsection (b).
25    (e) Violations. Any employee of a hospital that is subject
26to this Act may file a complaint with the Department of Public

 

 

HB3472- 241 -LRB100 05726 SMS 15748 b

1Health regarding an alleged violation of this Section. The
2complaint must be filed within 45 days following the occurrence
3of the incident giving rise to the alleged violation. The
4Department must forward notification of the alleged violation
5to the hospital in question within 3 business days after the
6complaint is filed. Upon receiving a complaint of a violation
7of this Section, the Department may take any action authorized
8under Section 7 or 9 of this Act.
9    (f) Proof of violation. Any violation of this Section must
10be proved by clear and convincing evidence that a nurse was
11required to work overtime against his or her will. The hospital
12may defeat the claim of a violation by presenting clear and
13convincing evidence that an unforeseen emergent circumstance,
14which required overtime work, existed at the time the employee
15was required or compelled to work.
16(Source: P.A. 94-349, eff. 7-28-05; 95-639, eff. 10-5-07.)
 
17    Section 140. The Illinois Insurance Code is amended by
18changing Section 356g.5 as follows:
 
19    (215 ILCS 5/356g.5)
20    Sec. 356g.5. Clinical breast exam.
21    (a) The General Assembly finds that clinical breast
22examinations are a critical tool in the early detection of
23breast cancer, while the disease is in its earlier and
24potentially more treatable stages. Insurer reimbursement of

 

 

HB3472- 242 -LRB100 05726 SMS 15748 b

1clinical breast examinations is essential to the effort to
2reduce breast cancer deaths in Illinois.
3    (b) Every insurer shall provide, in each group or
4individual policy, contract, or certificate of accident or
5health insurance issued or renewed for persons who are
6residents of Illinois, coverage for complete and thorough
7clinical breast examinations as indicated by guidelines of
8practice, performed by a physician licensed to practice
9medicine in all its branches, a licensed advanced practice
10registered nurse, or a licensed physician assistant, to check
11for lumps and other changes for the purpose of early detection
12and prevention of breast cancer as follows:
13        (1) at least every 3 years for women at least 20 years
14    of age but less than 40 years of age; and
15        (2) annually for women 40 years of age or older.
16    (c) Upon approval of a nationally recognized separate and
17distinct clinical breast exam code that is compliant with all
18State and federal laws, rules, and regulations, public and
19private insurance plans shall take action to cover clinical
20breast exams on a separate and distinct basis.
21(Source: P.A. 99-173, eff. 7-29-15.)
 
22    Section 145. The Illinois Dental Practice Act is amended by
23changing Sections 4 and 8.1 as follows:
 
24    (225 ILCS 25/4)   (from Ch. 111, par. 2304)

 

 

HB3472- 243 -LRB100 05726 SMS 15748 b

1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 4. Definitions. As used in this Act:
3    "Address of record" means the designated address recorded
4by the Department in the applicant's or licensee's application
5file or license file as maintained by the Department's
6licensure maintenance unit. It is the duty of the applicant or
7licensee to inform the Department of any change of address and
8those changes must be made either through the Department's
9website or by contacting the Department.
10    "Department" means the Department of Financial and
11Professional Regulation.
12    "Secretary" means the Secretary of Financial and
13Professional Regulation.
14    "Board" means the Board of Dentistry.
15    "Dentist" means a person who has received a general license
16pursuant to paragraph (a) of Section 11 of this Act and who may
17perform any intraoral and extraoral procedure required in the
18practice of dentistry and to whom is reserved the
19responsibilities specified in Section 17.
20    "Dental hygienist" means a person who holds a license under
21this Act to perform dental services as authorized by Section
2218.
23    "Dental assistant" means an appropriately trained person
24who, under the supervision of a dentist, provides dental
25services as authorized by Section 17.
26    "Dental laboratory" means a person, firm or corporation

 

 

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1which:
2        (i) engages in making, providing, repairing or
3    altering dental prosthetic appliances and other artificial
4    materials and devices which are returned to a dentist for
5    insertion into the human oral cavity or which come in
6    contact with its adjacent structures and tissues; and
7        (ii) utilizes or employs a dental technician to provide
8    such services; and
9        (iii) performs such functions only for a dentist or
10    dentists.
11    "Supervision" means supervision of a dental hygienist or a
12dental assistant requiring that a dentist authorize the
13procedure, remain in the dental facility while the procedure is
14performed, and approve the work performed by the dental
15hygienist or dental assistant before dismissal of the patient,
16but does not mean that the dentist must be present at all times
17in the treatment room.
18    "General supervision" means supervision of a dental
19hygienist requiring that the patient be a patient of record,
20that the dentist examine the patient in accordance with Section
2118 prior to treatment by the dental hygienist, and that the
22dentist authorize the procedures which are being carried out by
23a notation in the patient's record, but not requiring that a
24dentist be present when the authorized procedures are being
25performed. The issuance of a prescription to a dental
26laboratory by a dentist does not constitute general

 

 

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1supervision.
2    "Public member" means a person who is not a health
3professional. For purposes of board membership, any person with
4a significant financial interest in a health service or
5profession is not a public member.
6    "Dentistry" means the healing art which is concerned with
7the examination, diagnosis, treatment planning and care of
8conditions within the human oral cavity and its adjacent
9tissues and structures, as further specified in Section 17.
10    "Branches of dentistry" means the various specialties of
11dentistry which, for purposes of this Act, shall be limited to
12the following: endodontics, oral and maxillofacial surgery,
13orthodontics and dentofacial orthopedics, pediatric dentistry,
14periodontics, prosthodontics, and oral and maxillofacial
15radiology.
16    "Specialist" means a dentist who has received a specialty
17license pursuant to Section 11(b).
18    "Dental technician" means a person who owns, operates or is
19employed by a dental laboratory and engages in making,
20providing, repairing or altering dental prosthetic appliances
21and other artificial materials and devices which are returned
22to a dentist for insertion into the human oral cavity or which
23come in contact with its adjacent structures and tissues.
24    "Impaired dentist" or "impaired dental hygienist" means a
25dentist or dental hygienist who is unable to practice with
26reasonable skill and safety because of a physical or mental

 

 

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1disability as evidenced by a written determination or written
2consent based on clinical evidence, including deterioration
3through the aging process, loss of motor skills, abuse of drugs
4or alcohol, or a psychiatric disorder, of sufficient degree to
5diminish the person's ability to deliver competent patient
6care.
7    "Nurse" means a registered professional nurse, a certified
8registered nurse anesthetist licensed as an advanced practice
9registered nurse, or a licensed practical nurse licensed under
10the Nurse Practice Act.
11    "Patient of record" means a patient for whom the patient's
12most recent dentist has obtained a relevant medical and dental
13history and on whom the dentist has performed an examination
14and evaluated the condition to be treated.
15    "Dental responder" means a dentist or dental hygienist who
16is appropriately certified in disaster preparedness,
17immunizations, and dental humanitarian medical response
18consistent with the Society of Disaster Medicine and Public
19Health and training certified by the National Incident
20Management System or the National Disaster Life Support
21Foundation.
22    "Mobile dental van or portable dental unit" means any
23self-contained or portable dental unit in which dentistry is
24practiced that can be moved, towed, or transported from one
25location to another in order to establish a location where
26dental services can be provided.

 

 

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1    "Public health dental hygienist" means a hygienist who
2holds a valid license to practice in the State, has 2 years of
3full-time clinical experience or an equivalent of 4,000 hours
4of clinical experience and has completed at least 42 clock
5hours of additional structured courses in dental education
6approved by rule by the Department in advanced areas specific
7to public health dentistry, including, but not limited to,
8emergency procedures for medically compromised patients,
9pharmacology, medical recordkeeping procedures, geriatric
10dentistry, pediatric dentistry, pathology, and other areas of
11study as determined by the Department, and works in a public
12health setting pursuant to a written public health supervision
13agreement as defined by rule by the Department with a dentist
14working in or contracted with a local or State government
15agency or institution or who is providing services as part of a
16certified school-based program or school-based oral health
17program.
18    "Public health setting" means a federally qualified health
19center; a federal, State, or local public health facility; Head
20Start; a special supplemental nutrition program for Women,
21Infants, and Children (WIC) facility; or a certified
22school-based health center or school-based oral health
23program.
24    "Public health supervision" means the supervision of a
25public health dental hygienist by a licensed dentist who has a
26written public health supervision agreement with that public

 

 

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1health dental hygienist while working in an approved facility
2or program that allows the public health dental hygienist to
3treat patients, without a dentist first examining the patient
4and being present in the facility during treatment, (1) who are
5eligible for Medicaid or (2) who are uninsured and whose
6household income is not greater than 200% of the federal
7poverty level.
8(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15;
999-680, eff. 1-1-17.)
 
10    (225 ILCS 25/8.1)  (from Ch. 111, par. 2308.1)
11    (Section scheduled to be repealed on January 1, 2026)
12    Sec. 8.1. Permit for the administration of anesthesia and
13sedation.
14    (a) No licensed dentist shall administer general
15anesthesia, deep sedation, or conscious sedation without first
16applying for and obtaining a permit for such purpose from the
17Department. The Department shall issue such permit only after
18ascertaining that the applicant possesses the minimum
19qualifications necessary to protect public safety. A person
20with a dental degree who administers anesthesia, deep sedation,
21or conscious sedation in an approved hospital training program
22under the supervision of either a licensed dentist holding such
23permit or a physician licensed to practice medicine in all its
24branches shall not be required to obtain such permit.
25    (b) In determining the minimum permit qualifications that

 

 

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1are necessary to protect public safety, the Department, by
2rule, shall:
3        (1) establish the minimum educational and training
4    requirements necessary for a dentist to be issued an
5    appropriate permit;
6        (2) establish the standards for properly equipped
7    dental facilities (other than licensed hospitals and
8    ambulatory surgical treatment centers) in which general
9    anesthesia, deep sedation, or conscious sedation is
10    administered, as necessary to protect public safety;
11        (3) establish minimum requirements for all persons who
12    assist the dentist in the administration of general
13    anesthesia, deep sedation, or conscious sedation,
14    including minimum training requirements for each member of
15    the dental team, monitoring requirements, recordkeeping
16    requirements, and emergency procedures; and
17        (4) ensure that the dentist and all persons assisting
18    the dentist or monitoring the administration of general
19    anesthesia, deep sedation, or conscious sedation maintain
20    current certification in Basic Life Support (BLS); and .
21        (5) establish continuing education requirements in
22    sedation techniques for dentists who possess a permit under
23    this Section.
24    When establishing requirements under this Section, the
25Department shall consider the current American Dental
26Association guidelines on sedation and general anesthesia, the

 

 

HB3472- 250 -LRB100 05726 SMS 15748 b

1current "Guidelines for Monitoring and Management of Pediatric
2Patients During and After Sedation for Diagnostic and
3Therapeutic Procedures" established by the American Academy of
4Pediatrics and the American Academy of Pediatric Dentistry, and
5the current parameters of care and Office Anesthesia Evaluation
6(OAE) Manual established by the American Association of Oral
7and Maxillofacial Surgeons.
8    (c) A licensed dentist must hold an appropriate permit
9issued under this Section in order to perform dentistry while a
10nurse anesthetist administers conscious sedation, and a valid
11written collaborative agreement must exist between the dentist
12and the nurse anesthetist, in accordance with the Nurse
13Practice Act.
14    A licensed dentist must hold an appropriate permit issued
15under this Section in order to perform dentistry while a nurse
16anesthetist administers deep sedation or general anesthesia,
17and a valid written collaborative agreement must exist between
18the dentist and the nurse anesthetist, in accordance with the
19Nurse Practice Act.
20    For the purposes of this subsection (c), "nurse
21anesthetist" means a licensed certified registered nurse
22anesthetist who holds a license as an advanced practice
23registered nurse.
24(Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328,
25eff. 8-11-09; revised 10-27-16.)
 

 

 

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1    Section 150. The Health Care Worker Self-Referral Act is
2amended by changing Section 15 as follows:
 
3    (225 ILCS 47/15)
4    Sec. 15. Definitions. In this Act:
5    (a) "Board" means the Health Facilities and Services Review
6Board.
7    (b) "Entity" means any individual, partnership, firm,
8corporation, or other business that provides health services
9but does not include an individual who is a health care worker
10who provides professional services to an individual.
11    (c) "Group practice" means a group of 2 or more health care
12workers legally organized as a partnership, professional
13corporation, not-for-profit corporation, faculty practice plan
14or a similar association in which:
15        (1) each health care worker who is a member or employee
16    or an independent contractor of the group provides
17    substantially the full range of services that the health
18    care worker routinely provides, including consultation,
19    diagnosis, or treatment, through the use of office space,
20    facilities, equipment, or personnel of the group;
21        (2) the services of the health care workers are
22    provided through the group, and payments received for
23    health services are treated as receipts of the group; and
24        (3) the overhead expenses and the income from the
25    practice are distributed by methods previously determined

 

 

HB3472- 252 -LRB100 05726 SMS 15748 b

1    by the group.
2    (d) "Health care worker" means any individual licensed
3under the laws of this State to provide health services,
4including but not limited to: dentists licensed under the
5Illinois Dental Practice Act; dental hygienists licensed under
6the Illinois Dental Practice Act; nurses and advanced practice
7registered nurses licensed under the Nurse Practice Act;
8occupational therapists licensed under the Illinois
9Occupational Therapy Practice Act; optometrists licensed under
10the Illinois Optometric Practice Act of 1987; pharmacists
11licensed under the Pharmacy Practice Act; physical therapists
12licensed under the Illinois Physical Therapy Act; physicians
13licensed under the Medical Practice Act of 1987; physician
14assistants licensed under the Physician Assistant Practice Act
15of 1987; podiatric physicians licensed under the Podiatric
16Medical Practice Act of 1987; clinical psychologists licensed
17under the Clinical Psychologist Licensing Act; clinical social
18workers licensed under the Clinical Social Work and Social Work
19Practice Act; speech-language pathologists and audiologists
20licensed under the Illinois Speech-Language Pathology and
21Audiology Practice Act; or hearing instrument dispensers
22licensed under the Hearing Instrument Consumer Protection Act,
23or any of their successor Acts.
24    (e) "Health services" means health care procedures and
25services provided by or through a health care worker.
26    (f) "Immediate family member" means a health care worker's

 

 

HB3472- 253 -LRB100 05726 SMS 15748 b

1spouse, child, child's spouse, or a parent.
2    (g) "Investment interest" means an equity or debt security
3issued by an entity, including, without limitation, shares of
4stock in a corporation, units or other interests in a
5partnership, bonds, debentures, notes, or other equity
6interests or debt instruments except that investment interest
7for purposes of Section 20 does not include interest in a
8hospital licensed under the laws of the State of Illinois.
9    (h) "Investor" means an individual or entity directly or
10indirectly owning a legal or beneficial ownership or investment
11interest, (such as through an immediate family member, trust,
12or another entity related to the investor).
13    (i) "Office practice" includes the facility or facilities
14at which a health care worker, on an ongoing basis, provides or
15supervises the provision of professional health services to
16individuals.
17    (j) "Referral" means any referral of a patient for health
18services, including, without limitation:
19        (1) The forwarding of a patient by one health care
20    worker to another health care worker or to an entity
21    outside the health care worker's office practice or group
22    practice that provides health services.
23        (2) The request or establishment by a health care
24    worker of a plan of care outside the health care worker's
25    office practice or group practice that includes the
26    provision of any health services.

 

 

HB3472- 254 -LRB100 05726 SMS 15748 b

1(Source: P.A. 98-214, eff. 8-9-13.)
 
2    Section 155. The Medical Practice Act of 1987 is amended by
3changing Sections 8.1, 22, 54.2, and 54.5 as follows:
 
4    (225 ILCS 60/8.1)
5    (Section scheduled to be repealed on December 31, 2017)
6    Sec. 8.1. Matters concerning advanced practice registered
7nurses. Any proposed rules, amendments, second notice
8materials and adopted rule or amendment materials, and policy
9statements concerning advanced practice registered nurses
10shall be presented to the Licensing Board for review and
11comment. The recommendations of both the Board of Nursing and
12the Licensing Board shall be presented to the Secretary for
13consideration in making final decisions. Whenever the Board of
14Nursing and the Licensing Board disagree on a proposed rule or
15policy, the Secretary shall convene a joint meeting of the
16officers of each Board to discuss the resolution of any such
17disagreements.
18(Source: P.A. 97-622, eff. 11-23-11.)
 
19    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
20    (Section scheduled to be repealed on December 31, 2017)
21    Sec. 22. Disciplinary action.
22    (A) The Department may revoke, suspend, place on probation,
23reprimand, refuse to issue or renew, or take any other

 

 

HB3472- 255 -LRB100 05726 SMS 15748 b

1disciplinary or non-disciplinary action as the Department may
2deem proper with regard to the license or permit of any person
3issued under this Act, including imposing fines not to exceed
4$10,000 for each violation, upon any of the following grounds:
5        (1) Performance of an elective abortion in any place,
6    locale, facility, or institution other than:
7            (a) a facility licensed pursuant to the Ambulatory
8        Surgical Treatment Center Act;
9            (b) an institution licensed under the Hospital
10        Licensing Act;
11            (c) an ambulatory surgical treatment center or
12        hospitalization or care facility maintained by the
13        State or any agency thereof, where such department or
14        agency has authority under law to establish and enforce
15        standards for the ambulatory surgical treatment
16        centers, hospitalization, or care facilities under its
17        management and control;
18            (d) ambulatory surgical treatment centers,
19        hospitalization or care facilities maintained by the
20        Federal Government; or
21            (e) ambulatory surgical treatment centers,
22        hospitalization or care facilities maintained by any
23        university or college established under the laws of
24        this State and supported principally by public funds
25        raised by taxation.
26        (2) Performance of an abortion procedure in a wilful

 

 

HB3472- 256 -LRB100 05726 SMS 15748 b

1    and wanton manner on a woman who was not pregnant at the
2    time the abortion procedure was performed.
3        (3) A plea of guilty or nolo contendere, finding of
4    guilt, jury verdict, or entry of judgment or sentencing,
5    including, but not limited to, convictions, preceding
6    sentences of supervision, conditional discharge, or first
7    offender probation, under the laws of any jurisdiction of
8    the United States of any crime that is a felony.
9        (4) Gross negligence in practice under this Act.
10        (5) Engaging in dishonorable, unethical or
11    unprofessional conduct of a character likely to deceive,
12    defraud or harm the public.
13        (6) Obtaining any fee by fraud, deceit, or
14    misrepresentation.
15        (7) Habitual or excessive use or abuse of drugs defined
16    in law as controlled substances, of alcohol, or of any
17    other substances which results in the inability to practice
18    with reasonable judgment, skill or safety.
19        (8) Practicing under a false or, except as provided by
20    law, an assumed name.
21        (9) Fraud or misrepresentation in applying for, or
22    procuring, a license under this Act or in connection with
23    applying for renewal of a license under this Act.
24        (10) Making a false or misleading statement regarding
25    their skill or the efficacy or value of the medicine,
26    treatment, or remedy prescribed by them at their direction

 

 

HB3472- 257 -LRB100 05726 SMS 15748 b

1    in the treatment of any disease or other condition of the
2    body or mind.
3        (11) Allowing another person or organization to use
4    their license, procured under this Act, to practice.
5        (12) Adverse action taken by another state or
6    jurisdiction against a license or other authorization to
7    practice as a medical doctor, doctor of osteopathy, doctor
8    of osteopathic medicine or doctor of chiropractic, a
9    certified copy of the record of the action taken by the
10    other state or jurisdiction being prima facie evidence
11    thereof. This includes any adverse action taken by a State
12    or federal agency that prohibits a medical doctor, doctor
13    of osteopathy, doctor of osteopathic medicine, or doctor of
14    chiropractic from providing services to the agency's
15    participants.
16        (13) Violation of any provision of this Act or of the
17    Medical Practice Act prior to the repeal of that Act, or
18    violation of the rules, or a final administrative action of
19    the Secretary, after consideration of the recommendation
20    of the Disciplinary Board.
21        (14) Violation of the prohibition against fee
22    splitting in Section 22.2 of this Act.
23        (15) A finding by the Disciplinary Board that the
24    registrant after having his or her license placed on
25    probationary status or subjected to conditions or
26    restrictions violated the terms of the probation or failed

 

 

HB3472- 258 -LRB100 05726 SMS 15748 b

1    to comply with such terms or conditions.
2        (16) Abandonment of a patient.
3        (17) Prescribing, selling, administering,
4    distributing, giving or self-administering any drug
5    classified as a controlled substance (designated product)
6    or narcotic for other than medically accepted therapeutic
7    purposes.
8        (18) Promotion of the sale of drugs, devices,
9    appliances or goods provided for a patient in such manner
10    as to exploit the patient for financial gain of the
11    physician.
12        (19) Offering, undertaking or agreeing to cure or treat
13    disease by a secret method, procedure, treatment or
14    medicine, or the treating, operating or prescribing for any
15    human condition by a method, means or procedure which the
16    licensee refuses to divulge upon demand of the Department.
17        (20) Immoral conduct in the commission of any act
18    including, but not limited to, commission of an act of
19    sexual misconduct related to the licensee's practice.
20        (21) Wilfully making or filing false records or reports
21    in his or her practice as a physician, including, but not
22    limited to, false records to support claims against the
23    medical assistance program of the Department of Healthcare
24    and Family Services (formerly Department of Public Aid)
25    under the Illinois Public Aid Code.
26        (22) Wilful omission to file or record, or wilfully

 

 

HB3472- 259 -LRB100 05726 SMS 15748 b

1    impeding the filing or recording, or inducing another
2    person to omit to file or record, medical reports as
3    required by law, or wilfully failing to report an instance
4    of suspected abuse or neglect as required by law.
5        (23) Being named as a perpetrator in an indicated
6    report by the Department of Children and Family Services
7    under the Abused and Neglected Child Reporting Act, and
8    upon proof by clear and convincing evidence that the
9    licensee has caused a child to be an abused child or
10    neglected child as defined in the Abused and Neglected
11    Child Reporting Act.
12        (24) Solicitation of professional patronage by any
13    corporation, agents or persons, or profiting from those
14    representing themselves to be agents of the licensee.
15        (25) Gross and wilful and continued overcharging for
16    professional services, including filing false statements
17    for collection of fees for which services are not rendered,
18    including, but not limited to, filing such false statements
19    for collection of monies for services not rendered from the
20    medical assistance program of the Department of Healthcare
21    and Family Services (formerly Department of Public Aid)
22    under the Illinois Public Aid Code.
23        (26) A pattern of practice or other behavior which
24    demonstrates incapacity or incompetence to practice under
25    this Act.
26        (27) Mental illness or disability which results in the

 

 

HB3472- 260 -LRB100 05726 SMS 15748 b

1    inability to practice under this Act with reasonable
2    judgment, skill or safety.
3        (28) Physical illness, including, but not limited to,
4    deterioration through the aging process, or loss of motor
5    skill which results in a physician's inability to practice
6    under this Act with reasonable judgment, skill or safety.
7        (29) Cheating on or attempt to subvert the licensing
8    examinations administered under this Act.
9        (30) Wilfully or negligently violating the
10    confidentiality between physician and patient except as
11    required by law.
12        (31) The use of any false, fraudulent, or deceptive
13    statement in any document connected with practice under
14    this Act.
15        (32) Aiding and abetting an individual not licensed
16    under this Act in the practice of a profession licensed
17    under this Act.
18        (33) Violating state or federal laws or regulations
19    relating to controlled substances, legend drugs, or
20    ephedra as defined in the Ephedra Prohibition Act.
21        (34) Failure to report to the Department any adverse
22    final action taken against them by another licensing
23    jurisdiction (any other state or any territory of the
24    United States or any foreign state or country), by any peer
25    review body, by any health care institution, by any
26    professional society or association related to practice

 

 

HB3472- 261 -LRB100 05726 SMS 15748 b

1    under this Act, by any governmental agency, by any law
2    enforcement agency, or by any court for acts or conduct
3    similar to acts or conduct which would constitute grounds
4    for action as defined in this Section.
5        (35) Failure to report to the Department surrender of a
6    license or authorization to practice as a medical doctor, a
7    doctor of osteopathy, a doctor of osteopathic medicine, or
8    doctor of chiropractic in another state or jurisdiction, or
9    surrender of membership on any medical staff or in any
10    medical or professional association or society, while
11    under disciplinary investigation by any of those
12    authorities or bodies, for acts or conduct similar to acts
13    or conduct which would constitute grounds for action as
14    defined in this Section.
15        (36) Failure to report to the Department any adverse
16    judgment, settlement, or award arising from a liability
17    claim related to acts or conduct similar to acts or conduct
18    which would constitute grounds for action as defined in
19    this Section.
20        (37) Failure to provide copies of medical records as
21    required by law.
22        (38) Failure to furnish the Department, its
23    investigators or representatives, relevant information,
24    legally requested by the Department after consultation
25    with the Chief Medical Coordinator or the Deputy Medical
26    Coordinator.

 

 

HB3472- 262 -LRB100 05726 SMS 15748 b

1        (39) Violating the Health Care Worker Self-Referral
2    Act.
3        (40) Willful failure to provide notice when notice is
4    required under the Parental Notice of Abortion Act of 1995.
5        (41) Failure to establish and maintain records of
6    patient care and treatment as required by this law.
7        (42) Entering into an excessive number of written
8    collaborative agreements with licensed advanced practice
9    registered nurses resulting in an inability to adequately
10    collaborate.
11        (43) Repeated failure to adequately collaborate with a
12    licensed advanced practice registered nurse.
13        (44) Violating the Compassionate Use of Medical
14    Cannabis Pilot Program Act.
15        (45) Entering into an excessive number of written
16    collaborative agreements with licensed prescribing
17    psychologists resulting in an inability to adequately
18    collaborate.
19        (46) Repeated failure to adequately collaborate with a
20    licensed prescribing psychologist.
21    Except for actions involving the ground numbered (26), all
22proceedings to suspend, revoke, place on probationary status,
23or take any other disciplinary action as the Department may
24deem proper, with regard to a license on any of the foregoing
25grounds, must be commenced within 5 years next after receipt by
26the Department of a complaint alleging the commission of or

 

 

HB3472- 263 -LRB100 05726 SMS 15748 b

1notice of the conviction order for any of the acts described
2herein. Except for the grounds numbered (8), (9), (26), and
3(29), no action shall be commenced more than 10 years after the
4date of the incident or act alleged to have violated this
5Section. For actions involving the ground numbered (26), a
6pattern of practice or other behavior includes all incidents
7alleged to be part of the pattern of practice or other behavior
8that occurred, or a report pursuant to Section 23 of this Act
9received, within the 10-year period preceding the filing of the
10complaint. In the event of the settlement of any claim or cause
11of action in favor of the claimant or the reduction to final
12judgment of any civil action in favor of the plaintiff, such
13claim, cause of action or civil action being grounded on the
14allegation that a person licensed under this Act was negligent
15in providing care, the Department shall have an additional
16period of 2 years from the date of notification to the
17Department under Section 23 of this Act of such settlement or
18final judgment in which to investigate and commence formal
19disciplinary proceedings under Section 36 of this Act, except
20as otherwise provided by law. The time during which the holder
21of the license was outside the State of Illinois shall not be
22included within any period of time limiting the commencement of
23disciplinary action by the Department.
24    The entry of an order or judgment by any circuit court
25establishing that any person holding a license under this Act
26is a person in need of mental treatment operates as a

 

 

HB3472- 264 -LRB100 05726 SMS 15748 b

1suspension of that license. That person may resume their
2practice only upon the entry of a Departmental order based upon
3a finding by the Disciplinary Board that they have been
4determined to be recovered from mental illness by the court and
5upon the Disciplinary Board's recommendation that they be
6permitted to resume their practice.
7    The Department may refuse to issue or take disciplinary
8action concerning the license of any person who fails to file a
9return, or to pay the tax, penalty or interest shown in a filed
10return, or to pay any final assessment of tax, penalty or
11interest, as required by any tax Act administered by the
12Illinois Department of Revenue, until such time as the
13requirements of any such tax Act are satisfied as determined by
14the Illinois Department of Revenue.
15    The Department, upon the recommendation of the
16Disciplinary Board, shall adopt rules which set forth standards
17to be used in determining:
18        (a) when a person will be deemed sufficiently
19    rehabilitated to warrant the public trust;
20        (b) what constitutes dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public;
23        (c) what constitutes immoral conduct in the commission
24    of any act, including, but not limited to, commission of an
25    act of sexual misconduct related to the licensee's
26    practice; and

 

 

HB3472- 265 -LRB100 05726 SMS 15748 b

1        (d) what constitutes gross negligence in the practice
2    of medicine.
3    However, no such rule shall be admissible into evidence in
4any civil action except for review of a licensing or other
5disciplinary action under this Act.
6    In enforcing this Section, the Disciplinary Board or the
7Licensing Board, upon a showing of a possible violation, may
8compel, in the case of the Disciplinary Board, any individual
9who is licensed to practice under this Act or holds a permit to
10practice under this Act, or, in the case of the Licensing
11Board, any individual who has applied for licensure or a permit
12pursuant to this Act, to submit to a mental or physical
13examination and evaluation, or both, which may include a
14substance abuse or sexual offender evaluation, as required by
15the Licensing Board or Disciplinary Board and at the expense of
16the Department. The Disciplinary Board or Licensing Board shall
17specifically designate the examining physician licensed to
18practice medicine in all of its branches or, if applicable, the
19multidisciplinary team involved in providing the mental or
20physical examination and evaluation, or both. The
21multidisciplinary team shall be led by a physician licensed to
22practice medicine in all of its branches and may consist of one
23or more or a combination of physicians licensed to practice
24medicine in all of its branches, licensed chiropractic
25physicians, licensed clinical psychologists, licensed clinical
26social workers, licensed clinical professional counselors, and

 

 

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1other professional and administrative staff. Any examining
2physician or member of the multidisciplinary team may require
3any person ordered to submit to an examination and evaluation
4pursuant to this Section to submit to any additional
5supplemental testing deemed necessary to complete any
6examination or evaluation process, including, but not limited
7to, blood testing, urinalysis, psychological testing, or
8neuropsychological testing. The Disciplinary Board, the
9Licensing Board, or the Department may order the examining
10physician or any member of the multidisciplinary team to
11provide to the Department, the Disciplinary Board, or the
12Licensing Board any and all records, including business
13records, that relate to the examination and evaluation,
14including any supplemental testing performed. The Disciplinary
15Board, the Licensing Board, or the Department may order the
16examining physician or any member of the multidisciplinary team
17to present testimony concerning this examination and
18evaluation of the licensee, permit holder, or applicant,
19including testimony concerning any supplemental testing or
20documents relating to the examination and evaluation. No
21information, report, record, or other documents in any way
22related to the examination and evaluation shall be excluded by
23reason of any common law or statutory privilege relating to
24communication between the licensee, permit holder, or
25applicant and the examining physician or any member of the
26multidisciplinary team. No authorization is necessary from the

 

 

HB3472- 267 -LRB100 05726 SMS 15748 b

1licensee, permit holder, or applicant ordered to undergo an
2evaluation and examination for the examining physician or any
3member of the multidisciplinary team to provide information,
4reports, records, or other documents or to provide any
5testimony regarding the examination and evaluation. The
6individual to be examined may have, at his or her own expense,
7another physician of his or her choice present during all
8aspects of the examination. Failure of any individual to submit
9to mental or physical examination and evaluation, or both, when
10directed, shall result in an automatic suspension, without
11hearing, until such time as the individual submits to the
12examination. If the Disciplinary Board or Licensing Board finds
13a physician unable to practice following an examination and
14evaluation because of the reasons set forth in this Section,
15the Disciplinary Board or Licensing Board shall require such
16physician to submit to care, counseling, or treatment by
17physicians, or other health care professionals, approved or
18designated by the Disciplinary Board, as a condition for
19issued, continued, reinstated, or renewed licensure to
20practice. Any physician, whose license was granted pursuant to
21Sections 9, 17, or 19 of this Act, or, continued, reinstated,
22renewed, disciplined or supervised, subject to such terms,
23conditions or restrictions who shall fail to comply with such
24terms, conditions or restrictions, or to complete a required
25program of care, counseling, or treatment, as determined by the
26Chief Medical Coordinator or Deputy Medical Coordinators,

 

 

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1shall be referred to the Secretary for a determination as to
2whether the licensee shall have their license suspended
3immediately, pending a hearing by the Disciplinary Board. In
4instances in which the Secretary immediately suspends a license
5under this Section, a hearing upon such person's license must
6be convened by the Disciplinary Board within 15 days after such
7suspension and completed without appreciable delay. The
8Disciplinary Board shall have the authority to review the
9subject physician's record of treatment and counseling
10regarding the impairment, to the extent permitted by applicable
11federal statutes and regulations safeguarding the
12confidentiality of medical records.
13    An individual licensed under this Act, affected under this
14Section, shall be afforded an opportunity to demonstrate to the
15Disciplinary Board that they can resume practice in compliance
16with acceptable and prevailing standards under the provisions
17of their license.
18    The Department may promulgate rules for the imposition of
19fines in disciplinary cases, not to exceed $10,000 for each
20violation of this Act. Fines may be imposed in conjunction with
21other forms of disciplinary action, but shall not be the
22exclusive disposition of any disciplinary action arising out of
23conduct resulting in death or injury to a patient. Any funds
24collected from such fines shall be deposited in the Medical
25Disciplinary Fund.
26    All fines imposed under this Section shall be paid within

 

 

HB3472- 269 -LRB100 05726 SMS 15748 b

160 days after the effective date of the order imposing the fine
2or in accordance with the terms set forth in the order imposing
3the fine.
4    (B) The Department shall revoke the license or permit
5issued under this Act to practice medicine or a chiropractic
6physician who has been convicted a second time of committing
7any felony under the Illinois Controlled Substances Act or the
8Methamphetamine Control and Community Protection Act, or who
9has been convicted a second time of committing a Class 1 felony
10under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
11person whose license or permit is revoked under this subsection
12B shall be prohibited from practicing medicine or treating
13human ailments without the use of drugs and without operative
14surgery.
15    (C) The Department shall not revoke, suspend, place on
16probation, reprimand, refuse to issue or renew, or take any
17other disciplinary or non-disciplinary action against the
18license or permit issued under this Act to practice medicine to
19a physician based solely upon the recommendation of the
20physician to an eligible patient regarding, or prescription
21for, or treatment with, an investigational drug, biological
22product, or device.
23    (D) The Disciplinary Board shall recommend to the
24Department civil penalties and any other appropriate
25discipline in disciplinary cases when the Board finds that a
26physician willfully performed an abortion with actual

 

 

HB3472- 270 -LRB100 05726 SMS 15748 b

1knowledge that the person upon whom the abortion has been
2performed is a minor or an incompetent person without notice as
3required under the Parental Notice of Abortion Act of 1995.
4Upon the Board's recommendation, the Department shall impose,
5for the first violation, a civil penalty of $1,000 and for a
6second or subsequent violation, a civil penalty of $5,000.
7(Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
898-1140, eff. 12-30-14; 99-270, eff. 1-1-16.)
 
9    (225 ILCS 60/54.2)
10    (Section scheduled to be repealed on December 31, 2017)
11    Sec. 54.2. Physician delegation of authority.
12    (a) Nothing in this Act shall be construed to limit the
13delegation of patient care tasks or duties by a physician, to a
14licensed practical nurse, a registered professional nurse, or
15other licensed person practicing within the scope of his or her
16individual licensing Act. Delegation by a physician licensed to
17practice medicine in all its branches to physician assistants
18or advanced practice registered nurses is also addressed in
19Section 54.5 of this Act. No physician may delegate any patient
20care task or duty that is statutorily or by rule mandated to be
21performed by a physician.
22    (b) In an office or practice setting and within a
23physician-patient relationship, a physician may delegate
24patient care tasks or duties to an unlicensed person who
25possesses appropriate training and experience provided a

 

 

HB3472- 271 -LRB100 05726 SMS 15748 b

1health care professional, who is practicing within the scope of
2such licensed professional's individual licensing Act, is on
3site to provide assistance.
4    (c) Any such patient care task or duty delegated to a
5licensed or unlicensed person must be within the scope of
6practice, education, training, or experience of the delegating
7physician and within the context of a physician-patient
8relationship.
9    (d) Nothing in this Section shall be construed to affect
10referrals for professional services required by law.
11    (e) The Department shall have the authority to promulgate
12rules concerning a physician's delegation, including but not
13limited to, the use of light emitting devices for patient care
14or treatment.
15    (f) Nothing in this Act shall be construed to limit the
16method of delegation that may be authorized by any means,
17including, but not limited to, oral, written, electronic,
18standing orders, protocols, guidelines, or verbal orders.
19(Source: P.A. 96-618, eff. 1-1-10; 97-622, eff. 11-23-11.)
 
20    (225 ILCS 60/54.5)
21    (Section scheduled to be repealed on December 31, 2017)
22    Sec. 54.5. Physician delegation of authority to physician
23assistants, advanced practice registered nurses, and
24prescribing psychologists.
25    (a) Physicians licensed to practice medicine in all its

 

 

HB3472- 272 -LRB100 05726 SMS 15748 b

1branches may delegate care and treatment responsibilities to a
2physician assistant under guidelines in accordance with the
3requirements of the Physician Assistant Practice Act of 1987. A
4physician licensed to practice medicine in all its branches may
5enter into supervising physician agreements with no more than 5
6physician assistants as set forth in subsection (a) of Section
77 of the Physician Assistant Practice Act of 1987.
8    (b) A physician licensed to practice medicine in all its
9branches in active clinical practice may collaborate with an
10advanced practice registered nurse in accordance with the
11requirements of the Nurse Practice Act. Collaboration is for
12the purpose of providing medical consultation, and no
13employment relationship is required. A written collaborative
14agreement shall conform to the requirements of Section 65-35 of
15the Nurse Practice Act. The written collaborative agreement
16shall be for services in the same area of practice or specialty
17as the collaborating physician in his or her clinical medical
18practice. A written collaborative agreement shall be adequate
19with respect to collaboration with advanced practice
20registered nurses if all of the following apply:
21        (1) The agreement is written to promote the exercise of
22    professional judgment by the advanced practice registered
23    nurse commensurate with his or her education and
24    experience.
25        (2) The advanced advance practice registered nurse
26    provides services based upon a written collaborative

 

 

HB3472- 273 -LRB100 05726 SMS 15748 b

1    agreement with the collaborating physician, except as set
2    forth in subsection (b-5) of this Section. With respect to
3    labor and delivery, the collaborating physician must
4    provide delivery services in order to participate with a
5    certified nurse midwife.
6        (3) Methods of communication are available with the
7    collaborating physician in person or through
8    telecommunications for consultation, collaboration, and
9    referral as needed to address patient care needs.
10    (b-5) An anesthesiologist or physician licensed to
11practice medicine in all its branches may collaborate with a
12certified registered nurse anesthetist in accordance with
13Section 65-35 of the Nurse Practice Act for the provision of
14anesthesia services. With respect to the provision of
15anesthesia services, the collaborating anesthesiologist or
16physician shall have training and experience in the delivery of
17anesthesia services consistent with Department rules.
18Collaboration shall be adequate if:
19        (1) an anesthesiologist or a physician participates in
20    the joint formulation and joint approval of orders or
21    guidelines and periodically reviews such orders and the
22    services provided patients under such orders; and
23        (2) for anesthesia services, the anesthesiologist or
24    physician participates through discussion of and agreement
25    with the anesthesia plan and is physically present and
26    available on the premises during the delivery of anesthesia

 

 

HB3472- 274 -LRB100 05726 SMS 15748 b

1    services for diagnosis, consultation, and treatment of
2    emergency medical conditions. Anesthesia services in a
3    hospital shall be conducted in accordance with Section 10.7
4    of the Hospital Licensing Act and in an ambulatory surgical
5    treatment center in accordance with Section 6.5 of the
6    Ambulatory Surgical Treatment Center Act.
7    (b-10) The anesthesiologist or operating physician must
8agree with the anesthesia plan prior to the delivery of
9services.
10    (c) The supervising physician shall have access to the
11medical records of all patients attended by a physician
12assistant. The collaborating physician shall have access to the
13medical records of all patients attended to by an advanced
14practice registered nurse.
15    (d) (Blank).
16    (e) A physician shall not be liable for the acts or
17omissions of a prescribing psychologist, physician assistant,
18or advanced practice registered nurse solely on the basis of
19having signed a supervision agreement or guidelines or a
20collaborative agreement, an order, a standing medical order, a
21standing delegation order, or other order or guideline
22authorizing a prescribing psychologist, physician assistant,
23or advanced practice registered nurse to perform acts, unless
24the physician has reason to believe the prescribing
25psychologist, physician assistant, or advanced practice
26registered nurse lacked the competency to perform the act or

 

 

HB3472- 275 -LRB100 05726 SMS 15748 b

1acts or commits willful and wanton misconduct.
2    (f) A collaborating physician may, but is not required to,
3delegate prescriptive authority to an advanced practice
4registered nurse as part of a written collaborative agreement,
5and the delegation of prescriptive authority shall conform to
6the requirements of Section 65-40 of the Nurse Practice Act.
7    (g) A supervising physician may, but is not required to,
8delegate prescriptive authority to a physician assistant as
9part of a written supervision agreement, and the delegation of
10prescriptive authority shall conform to the requirements of
11Section 7.5 of the Physician Assistant Practice Act of 1987.
12    (h) (Blank).
13    (i) A collaborating physician shall delegate prescriptive
14authority to a prescribing psychologist as part of a written
15collaborative agreement, and the delegation of prescriptive
16authority shall conform to the requirements of Section 4.3 of
17the Clinical Psychologist Licensing Act.
18(Source: P.A. 98-192, eff. 1-1-14; 98-668, eff. 6-25-14;
1999-173, eff. 7-29-15.)
 
20    Section 160. The Nurse Practice Act is amended by changing
21Sections 50-10, 50-15, 50-20, 50-50, 50-55, 50-60, 50-65,
2250-70, 50-75, 55-10, 55-20, 55-30, 60-5, 60-10, 60-25, 65-5,
2365-10, 65-15, 65-20, 65-25, 65-30, 65-35, 65-35.1, 65-40,
2465-45, 65-50, 65-55, 65-65, 70-5, 70-10, 70-20, 70-35, 70-40,
2570-50, 70-60, 70-75, 70-80, 70-85, 70-100, 70-140, 70-145,

 

 

HB3472- 276 -LRB100 05726 SMS 15748 b

170-160, 75-10, 75-15, 75-20, 80-15, and 80-35 and the heading
2of Articles 65 and 75 and by adding Sections 50-13, 50-26,
355-11, 60-11, 70-81, and 70-103 as follows:
 
4    (225 ILCS 65/50-10)   (was 225 ILCS 65/5-10)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 50-10. Definitions. Each of the following terms, when
7used in this Act, shall have the meaning ascribed to it in this
8Section, except where the context clearly indicates otherwise:
9    "Academic year" means the customary annual schedule of
10courses at a college, university, or approved school,
11customarily regarded as the school year as distinguished from
12the calendar year.
13    "Address of record" means the designated address recorded
14by the Department in the applicant's or licensee's application
15file or license file as maintained by the Department's
16licensure maintenance unit.
17    "Advanced practice registered nurse" or "APRN" "APN" means
18a person who has met the qualifications for a (i) certified
19nurse midwife (CNM); (ii) certified nurse practitioner (CNP);
20(iii) certified registered nurse anesthetist (CRNA); or (iv)
21clinical nurse specialist (CNS) and has been licensed by the
22Department. All advanced practice registered nurses licensed
23and practicing in the State of Illinois shall use the title
24APRN APN and may use specialty credentials CNM, CNP, CRNA, or
25CNS after their name. All advanced practice registered nurses

 

 

HB3472- 277 -LRB100 05726 SMS 15748 b

1may only practice in accordance with national certification and
2this Act.
3    "Advisory Board" means the Illinois Nursing Workforce
4Center Advisory Board.
5    "Approved program of professional nursing education" and
6"approved program of practical nursing education" are programs
7of professional or practical nursing, respectively, approved
8by the Department under the provisions of this Act.
9    "Board" means the Board of Nursing appointed by the
10Secretary.
11    "Center" means the Illinois Nursing Workforce Center.
12    "Collaboration" means a process involving 2 or more health
13care professionals working together, each contributing one's
14respective area of expertise to provide more comprehensive
15patient care.
16    "Consultation" means the process whereby an advanced
17practice registered nurse seeks the advice or opinion of
18another health care professional.
19    "Credentialed" means the process of assessing and
20validating the qualifications of a health care professional.
21    "Current nursing practice update course" means a planned
22nursing education curriculum approved by the Department
23consisting of activities that have educational objectives,
24instructional methods, content or subject matter, clinical
25practice, and evaluation methods, related to basic review and
26updating content and specifically planned for those nurses

 

 

HB3472- 278 -LRB100 05726 SMS 15748 b

1previously licensed in the United States or its territories and
2preparing for reentry into nursing practice.
3    "Dentist" means a person licensed to practice dentistry
4under the Illinois Dental Practice Act.
5    "Department" means the Department of Financial and
6Professional Regulation.
7    "Email address of record" means the designated email
8address recorded by the Department in the applicant's
9application file or the licensee's license file, as maintained
10by the Department's licensure maintenance unit.
11    "Hospital affiliate" means a corporation, partnership,
12joint venture, limited liability company, or similar
13organization, other than a hospital, that is devoted primarily
14to the provision, management, or support of health care
15services and that directly or indirectly controls, is
16controlled by, or is under common control of the hospital. For
17the purposes of this definition, "control" means having at
18least an equal or a majority ownership or membership interest.
19A hospital affiliate shall be 100% owned or controlled by any
20combination of hospitals, their parent corporations, or
21physicians licensed to practice medicine in all its branches in
22Illinois. "Hospital affiliate" does not include a health
23maintenance organization regulated under the Health
24Maintenance Organization Act.
25    "Impaired nurse" means a nurse licensed under this Act who
26is unable to practice with reasonable skill and safety because

 

 

HB3472- 279 -LRB100 05726 SMS 15748 b

1of a physical or mental disability as evidenced by a written
2determination or written consent based on clinical evidence,
3including loss of motor skills, abuse of drugs or alcohol, or a
4psychiatric disorder, of sufficient degree to diminish his or
5her ability to deliver competent patient care.
6    "License-pending advanced practice registered nurse" means
7a registered professional nurse who has completed all
8requirements for licensure as an advanced practice registered
9nurse except the certification examination and has applied to
10take the next available certification exam and received a
11temporary permit license from the Department.
12    "License-pending registered nurse" means a person who has
13passed the Department-approved registered nurse licensure exam
14and has applied for a license from the Department. A
15license-pending registered nurse shall use the title "RN lic
16pend" on all documentation related to nursing practice.
17    "Physician" means a person licensed to practice medicine in
18all its branches under the Medical Practice Act of 1987.
19    "Podiatric physician" means a person licensed to practice
20podiatry under the Podiatric Medical Practice Act of 1987.
21    "Practical nurse" or "licensed practical nurse" means a
22person who is licensed as a practical nurse under this Act and
23practices practical nursing as defined in this Act. Only a
24practical nurse licensed under this Act is entitled to use the
25title "licensed practical nurse" and the abbreviation
26"L.P.N.".

 

 

HB3472- 280 -LRB100 05726 SMS 15748 b

1    "Practical nursing" means the performance of nursing acts
2requiring the basic nursing knowledge, judgment, and skill
3acquired by means of completion of an approved practical
4nursing education program. Practical nursing includes
5assisting in the nursing process as delegated by a registered
6professional nurse or an advanced practice registered nurse.
7The practical nurse may work under the direction of a licensed
8physician, dentist, podiatric physician, or other health care
9professional determined by the Department.
10    "Privileged" means the authorization granted by the
11governing body of a healthcare facility, agency, or
12organization to provide specific patient care services within
13well-defined limits, based on qualifications reviewed in the
14credentialing process.
15    "Registered Nurse" or "Registered Professional Nurse"
16means a person who is licensed as a professional nurse under
17this Act and practices nursing as defined in this Act. Only a
18registered nurse licensed under this Act is entitled to use the
19titles "registered nurse" and "registered professional nurse"
20and the abbreviation, "R.N.".
21    "Registered professional nursing practice" is a scientific
22process founded on a professional body of knowledge; it is a
23learned profession based on the understanding of the human
24condition across the life span and environment and includes all
25nursing specialties and means the performance of any nursing
26act based upon professional knowledge, judgment, and skills

 

 

HB3472- 281 -LRB100 05726 SMS 15748 b

1acquired by means of completion of an approved professional
2nursing education program. A registered professional nurse
3provides holistic nursing care through the nursing process to
4individuals, groups, families, or communities, that includes
5but is not limited to: (1) the assessment of healthcare needs,
6nursing diagnosis, planning, implementation, and nursing
7evaluation; (2) the promotion, maintenance, and restoration of
8health; (3) counseling, patient education, health education,
9and patient advocacy; (4) the administration of medications and
10treatments as prescribed by a physician licensed to practice
11medicine in all of its branches, a licensed dentist, a licensed
12podiatric physician, or a licensed optometrist or as prescribed
13by a physician assistant or by an advanced practice registered
14nurse; (5) the coordination and management of the nursing plan
15of care; (6) the delegation to and supervision of individuals
16who assist the registered professional nurse implementing the
17plan of care; and (7) teaching nursing students. The foregoing
18shall not be deemed to include those acts of medical diagnosis
19or prescription of therapeutic or corrective measures.
20    "Professional assistance program for nurses" means a
21professional assistance program that meets criteria
22established by the Board of Nursing and approved by the
23Secretary, which provides a non-disciplinary treatment
24approach for nurses licensed under this Act whose ability to
25practice is compromised by alcohol or chemical substance
26addiction.

 

 

HB3472- 282 -LRB100 05726 SMS 15748 b

1    "Secretary" means the Secretary of Financial and
2Professional Regulation.
3    "Unencumbered license" means a license issued in good
4standing.
5    "Written collaborative agreement" means a written
6agreement between an advanced practice registered nurse and a
7collaborating physician, dentist, or podiatric physician
8pursuant to Section 65-35.
9(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
1099-330, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
11    (225 ILCS 65/50-13 new)
12    Sec. 50-13. Address of record; email address of record. All
13applicants and licensees shall:
14        (1) provide a valid address and email address to the
15    Department, which shall serve as the address of record and
16    email address of record, respectively, at the time of
17    application for licensure or renewal of a license; and
18        (2) inform the Department of any change of address of
19    record or email address of record within 14 days after such
20    change either through the Department's website or by
21    contacting the Department's licensure maintenance unit.
 
22    (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 50-15. Policy; application of Act.

 

 

HB3472- 283 -LRB100 05726 SMS 15748 b

1    (a) For the protection of life and the promotion of health,
2and the prevention of illness and communicable diseases, any
3person practicing or offering to practice advanced,
4professional, or practical nursing in Illinois shall submit
5evidence that he or she is qualified to practice, and shall be
6licensed as provided under this Act. No person shall practice
7or offer to practice advanced, professional, or practical
8nursing in Illinois or use any title, sign, card or device to
9indicate that such a person is practicing professional or
10practical nursing unless such person has been licensed under
11the provisions of this Act.
12    (b) This Act does not prohibit the following:
13        (1) The practice of nursing in Federal employment in
14    the discharge of the employee's duties by a person who is
15    employed by the United States government or any bureau,
16    division or agency thereof and is a legally qualified and
17    licensed nurse of another state or territory and not in
18    conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
19    this Act.
20        (2) Nursing that is included in the program of study by
21    students enrolled in programs of nursing or in current
22    nurse practice update courses approved by the Department.
23        (3) The furnishing of nursing assistance in an
24    emergency.
25        (4) The practice of nursing by a nurse who holds an
26    active license in another state when providing services to

 

 

HB3472- 284 -LRB100 05726 SMS 15748 b

1    patients in Illinois during a bonafide emergency or in
2    immediate preparation for or during interstate transit.
3        (5) The incidental care of the sick by members of the
4    family, domestic servants or housekeepers, or care of the
5    sick where treatment is by prayer or spiritual means.
6        (6) Persons from being employed as unlicensed
7    assistive personnel in private homes, long term care
8    facilities, nurseries, hospitals or other institutions.
9        (7) The practice of practical nursing by one who is a
10    licensed practical nurse under the laws of another U.S.
11    jurisdiction and has applied in writing to the Department,
12    in form and substance satisfactory to the Department, for a
13    license as a licensed practical nurse and who is qualified
14    to receive such license under this Act, until (i) the
15    expiration of 6 months after the filing of such written
16    application, (ii) the withdrawal of such application, or
17    (iii) the denial of such application by the Department.
18        (8) The practice of advanced practice registered
19    nursing by one who is an advanced practice registered nurse
20    under the laws of another state, territory of the United
21    States jurisdiction or a foreign jurisdiction , or country
22    and has applied in writing to the Department, in form and
23    substance satisfactory to the Department, for a license as
24    an advanced practice registered nurse and who is qualified
25    to receive such license under this Act, until (i) the
26    expiration of 6 months after the filing of such written

 

 

HB3472- 285 -LRB100 05726 SMS 15748 b

1    application, (ii) the withdrawal of such application, or
2    (iii) the denial of such application by the Department.
3        (9) The practice of professional nursing by one who is
4    a registered professional nurse under the laws of another
5    state, territory of the United States jurisdiction or a
6    foreign jurisdiction or country and has applied in writing
7    to the Department, in form and substance satisfactory to
8    the Department, for a license as a registered professional
9    nurse and who is qualified to receive such license under
10    Section 55-10, until (1) the expiration of 6 months after
11    the filing of such written application, (2) the withdrawal
12    of such application, or (3) the denial of such application
13    by the Department.
14        (10) The practice of professional nursing that is
15    included in a program of study by one who is a registered
16    professional nurse under the laws of another state or
17    territory of the United States jurisdiction or a foreign
18    jurisdiction country, territory or province and who is
19    enrolled in a graduate nursing education program or a
20    program for the completion of a baccalaureate nursing
21    degree in this State, which includes clinical supervision
22    by faculty as determined by the educational institution
23    offering the program and the health care organization where
24    the practice of nursing occurs.
25        (11) Any person licensed in this State under any other
26    Act from engaging in the practice for which she or he is

 

 

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1    licensed.
2        (12) Delegation to authorized direct care staff
3    trained under Section 15.4 of the Mental Health and
4    Developmental Disabilities Administrative Act consistent
5    with the policies of the Department.
6        (13) (Blank). The practice, services, or activities of
7    persons practicing the specified occupations set forth in
8    subsection (a) of, and pursuant to a licensing exemption
9    granted in subsection (b) or (d) of, Section 2105-350 of
10    the Department of Professional Regulation Law of the Civil
11    Administrative Code of Illinois, but only for so long as
12    the 2016 Olympic and Paralympic Games Professional
13    Licensure Exemption Law is operable.
14        (14) County correctional personnel from delivering
15    prepackaged medication for self-administration to an
16    individual detainee in a correctional facility.
17    Nothing in this Act shall be construed to limit the
18delegation of tasks or duties by a physician, dentist, or
19podiatric physician to a licensed practical nurse, a registered
20professional nurse, or other persons.
21(Source: P.A. 98-214, eff. 8-9-13.)
 
22    (225 ILCS 65/50-20)   (was 225 ILCS 65/5-20)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 50-20. Unlicensed practice; violation; civil penalty.
25    (a) In addition to any other penalty provided by law, any

 

 

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1Any person who practices, offers to practice, attempts to
2practice, or holds oneself out to practice nursing without
3being licensed under this Act shall, in addition to any other
4penalty provided by law, pay a civil penalty to the Department
5in an amount not to exceed $10,000 for each offense as
6determined by the Department. The civil penalty shall be
7assessed by the Department after a hearing is held in
8accordance with the provisions set forth in this Act regarding
9the provision of a hearing for the discipline of a licensee.
10    (b) The Department has the authority and power to
11investigate any and all unlicensed activity.
12    (c) The civil penalty shall be paid within 60 days after
13the effective date of the order imposing the civil penalty. The
14order shall constitute a judgment and may be filed and
15execution had thereon in the same manner as any judgment from
16any court of record.
17(Source: P.A. 95-639, eff. 10-5-07.)
 
18    (225 ILCS 65/50-26 new)
19    Sec. 50-26. Application for license. Applications for
20licenses shall be made to the Department on forms prescribed by
21the Department and accompanied by the required fee. All
22applications shall contain the information that, in the
23judgment of the Department, will enable the Department to pass
24on the qualifications of the applicant for a license under this
25Act.

 

 

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1    If an applicant fails to obtain a license under this Act
2within 3 years after filing his or her application, the
3application shall be denied. The applicant may make a new
4application, which shall be accompanied by the required
5nonrefundable fee. The applicant shall be required to meet the
6qualifications required for licensure at the time of
7reapplication.
 
8    (225 ILCS 65/50-50)   (was 225 ILCS 65/10-5)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 50-50. Prohibited acts.
11    (a) No person shall:
12        (1) Practice as an advanced practice registered nurse
13    without a valid license as an advanced practice registered
14    nurse, except as provided in Section 50-15 of this Act;
15        (2) Practice professional nursing without a valid
16    license as a registered professional nurse except as
17    provided in Section 50-15 of this Act;
18        (3) Practice practical nursing without a valid license
19    as a licensed practical nurse or practice practical
20    nursing, except as provided in Section 50-15 of this Act;
21        (4) Practice nursing under cover of any diploma,
22    license, or record illegally or fraudulently obtained or
23    signed or issued unlawfully or under fraudulent
24    representation;
25        (5) Practice nursing during the time her or his license

 

 

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1    is suspended, revoked, expired, or on inactive status;
2        (6) Use any words, abbreviations, figures, letters,
3    title, sign, card, or device tending to imply that she or
4    he is a registered professional nurse, including the titles
5    or initials, "Nurse,", "Registered Nurse,", "Professional
6    Nurse,", "Registered Professional Nurse,", "Certified
7    Nurse,", "Trained Nurse,", "Graduate Nurse,", "P.N.,", or
8    "R.N.,", or "R.P.N." or similar titles or initials with
9    intention of indicating practice without a valid license as
10    a registered professional nurse;
11        (7) Use any words, abbreviations, figures, letters,
12    titles, signs, cards, or devices tending to imply that she
13    or he is an advanced practice registered nurse, including
14    the titles or initials "Advanced Practice Registered
15    Nurse", "A.P.R.N." "A.P.N.", or similar titles or
16    initials, with the intention of indicating practice as an
17    advanced practice registered nurse without a valid license
18    as an advanced practice registered nurse under this Act.
19    For purposes of this provision, the terms "advanced
20    practice nurse" and "A.P.N." are considered to be similar
21    titles or initials protected by this subsection (a).
22        (8) Use any words, abbreviations figures, letters,
23    title, sign, card, or device tending to imply that she or
24    he is a licensed practical nurse including the titles or
25    initials "Practical Nurse,", "Licensed Practical Nurse,",
26    "P.N.,", or "L.P.N.,", or similar titles or initials with

 

 

HB3472- 290 -LRB100 05726 SMS 15748 b

1    intention of indicated practice as a licensed practical
2    nurse without a valid license as a licensed practical nurse
3    under this Act;
4        (9) Advertise services regulated under this Act
5    without including in every advertisement his or her title
6    as it appears on the license or the initials authorized
7    under this Act;
8        (10) Obtain or furnish a license by or for money or any
9    other thing of value other than the fees required under
10    this Act, or by any fraudulent representation or act;
11        (11) Make any willfully wilfully false oath or
12    affirmation required by this Act;
13        (12) Conduct a nursing education program preparing
14    persons for licensure that has not been approved by the
15    Department;
16        (13) Represent that any school or course is approved or
17    accredited as a school or course for the education of
18    registered professional nurses or licensed practical
19    nurses unless such school or course is approved by the
20    Department under the provisions of this Act;
21        (14) Attempt or offer to do any of the acts enumerated
22    in this Section, or knowingly aid, abet, assist in the
23    doing of any such acts or in the attempt or offer to do any
24    of such acts;
25        (15) Employ persons not licensed under this Act to
26    practice professional nursing or practical nursing; and

 

 

HB3472- 291 -LRB100 05726 SMS 15748 b

1        (16) (Blank); Otherwise intentionally violate any
2    provision of this Act.
3        (17) Retaliate against any nurse who reports unsafe,
4    unethical, or illegal health care practices or
5    conditions; .
6        (18) Be deemed a supervisor when delegating nursing
7    activities or tasks as authorized under this Act; and
8        (19) Otherwise intentionally violate any provision of
9    this Act.
10    (b) Any person, including a firm, association, or
11corporation who violates any provision of this Section shall be
12guilty of a Class A misdemeanor.
13(Source: P.A. 95-639, eff. 10-5-07.)
 
14    (225 ILCS 65/50-55)   (was 225 ILCS 65/10-10)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 50-55. Department powers and duties. Subject to the
17provisions of this Act, the (a) The Department is authorized to
18shall exercise the following functions, powers, and duties:
19prescribed by the Civil Administrative Code of Illinois for
20administration of licensing acts and shall exercise other
21powers and duties necessary for effectuating the purpose of
22this Act. None of the functions, powers, or duties of the
23Department with respect to licensure and examination shall be
24exercised by the Department except upon review by the Board.
25        (1) Conduct or authorize examinations to ascertain the

 

 

HB3472- 292 -LRB100 05726 SMS 15748 b

1    fitness and qualifications of applicants for all licenses
2    governed by this Act, pass upon the qualifications of
3    applicants for licenses, and issue licenses to applicants
4    found to be fit and qualified.
5        (2) Adopt The Department shall adopt rules required for
6    the administration to implement, interpret, or make
7    specific the provisions and purposes of this Act, in
8    consultation with ; however no such rules shall be adopted
9    by the Department except upon review by the Board where
10    necessary.
11        (3) Prescribe rules for a method of examination of
12    candidates.
13        (4) Prescribe rules defining what constitutes an
14    approved program, school, college, or department of a
15    university, except that no program, school, college, or
16    department of a university that refuses admittance to
17    applicants solely on account of race, color, creed, sex, or
18    national origin shall be approved.
19        (5) Conduct hearings on proceedings to revoke or
20    suspend licenses or on objection to the issuance of
21    licenses and to revoke, suspend, or refuse to issue such
22    licenses.
23        (6) Prepare (b) The Department shall prepare and
24    maintain a list of approved programs of professional
25    nursing education and programs of practical nursing
26    education in this State, whose graduates, if they have the

 

 

HB3472- 293 -LRB100 05726 SMS 15748 b

1    other necessary qualifications provided in this Act, shall
2    be eligible to apply for a license to practice nursing in
3    this State.
4        (7) Act (c) The Department may act upon the
5    recommendations of the Board of Nursing and the Illinois
6    Nursing Workforce Center for Nursing Advisory Board.
7        (8) Exercise the powers and duties prescribed by the
8    Civil Administrative Code of Illinois for the
9    administration of licensing Acts.
10(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
 
11    (225 ILCS 65/50-60)   (was 225 ILCS 65/10-15)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 50-60. Nursing Coordinator; Assistant Nursing
14Coordinator. The Secretary shall appoint, pursuant to the
15Personnel Code, a Nursing Coordinator and an Assistant Nursing
16Coordinator. The Nursing Coordinator and Assistant Nursing
17Coordinator shall be a registered professional nurse nurses
18licensed in this State who has have graduated from an approved
19school of nursing and holds hold at least a master's degree in
20nursing from an accredited college or university.
21(Source: P.A. 95-639, eff. 10-5-07.)
 
22    (225 ILCS 65/50-65)   (was 225 ILCS 65/10-25)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 50-65. Board.

 

 

HB3472- 294 -LRB100 05726 SMS 15748 b

1    (a) The The term of each member of the Board of Nursing and
2the Advanced Practice Nursing Board serving before the
3effective date of this amendatory Act of the 95th General
4Assembly shall terminate on the effective date of this
5amendatory Act of the 95th General Assembly. Beginning on the
6effective date of this amendatory Act of the 95th General
7Assembly, the Secretary shall solicit recommendations from
8nursing organizations and appoint the Board of Nursing, which
9shall consist of 13 members, one of whom shall be a practical
10nurse; one of whom shall be a practical nurse educator; one of
11whom shall be a registered professional nurse in practice; one
12of whom shall be an associate degree nurse educator; one of
13whom shall be a baccalaureate degree nurse educator; one of
14whom shall be a nurse who is actively engaged in direct care;
15one of whom shall be a registered professional nurse actively
16engaged in direct care; one of whom shall be a nursing
17administrator; 4 of whom shall be advanced practice registered
18nurses representing CNS, CNP, CNM, and CRNA practice; and one
19of whom shall be a public member who is not employed in and has
20no material interest in any health care field. The Board shall
21receive actual and necessary expenses incurred in the
22performance of their duties.
23    Members of the Board of Nursing and the Advanced Practice
24Nursing Board whose terms were terminated by this amendatory
25Act of the 95th General Assembly shall be considered for
26membership positions on the Board.

 

 

HB3472- 295 -LRB100 05726 SMS 15748 b

1    All nursing members of the Board must be (i) residents of
2this State, (ii) licensed in good standing to practice nursing
3in this State, (iii) graduates of an approved nursing program,
4with a minimum of 5 years' years experience in the field of
5nursing, and (iv) at the time of appointment to the Board,
6actively engaged in nursing or work related to nursing.
7    Membership terms shall be for 3 years, except that in
8making initial appointments, the Secretary shall appoint all
9members for initial terms of 2, 3, and 4 years and these terms
10shall be staggered as follows: 3 shall be appointed for terms
11of 2 years; 4 shall be appointed for terms of 3 years; and 6
12shall be appointed for terms of 4 years. No member shall be
13appointed to more than 2 consecutive terms. In the case of a
14vacated position, an individual may be appointed to serve the
15unexpired portion of that term; if the term is less than half
16of a full term, the individual is eligible to serve 2 full
17terms.
18    The Secretary may remove any member of the Board for
19misconduct, incapacity, or neglect of duty. The Secretary shall
20reduce to writing any causes for removal.
21    The Board shall meet annually to elect a chairperson and
22vice chairperson. The Board shall hold regularly scheduled
23meetings during the year. A simple majority of the Board shall
24constitute a quorum at any meeting. Any action taken by the
25Board must be on the affirmative vote of a simple majority of
26members. Voting by proxy shall not be permitted. In the case of

 

 

HB3472- 296 -LRB100 05726 SMS 15748 b

1an emergency where all Board members cannot meet in person, the
2Board may convene a meeting via an electronic format in
3accordance with the Open Meetings Act.
4    (b) The Board may perform each of the following activities:
5        (1) Recommend to the Department the adoption and the
6    revision of rules necessary for the administration of this
7    Act;
8        (2) Recommend the approval, denial of approval,
9    withdrawal of approval, or discipline of nursing education
10    programs;
11    (c) The Board shall participate in disciplinary
12conferences and hearings and make recommendations to the
13Department regarding disciplinary action taken against a
14licensee as provided under this Act. Disciplinary conference
15hearings and proceedings regarding scope of practice issues
16shall be conducted by a Board member at the same or higher
17licensure level as the respondent. Participation in an informal
18conference shall not bar members of the Board from future
19participation or decisions relating to that matter.
20    (d) (Blank). With the exception of emergency rules, any
21proposed rules, amendments, second notice materials, and
22adopted rule or amendment materials or policy statements
23concerning advanced practice nurses shall be presented to the
24Medical Licensing Board for review and comment. The
25recommendations of both the Board of Nursing and the Medical
26Licensing Board shall be presented to the Secretary for

 

 

HB3472- 297 -LRB100 05726 SMS 15748 b

1consideration in making final decisions. Whenever the Board of
2Nursing and Medical Licensing Board disagree on a proposed rule
3or policy, the Secretary shall convene a joint meeting of the
4officers of each Board to discuss resolution of any
5disagreements.
6(Source: P.A. 95-639, eff. 10-5-07.)
 
7    (225 ILCS 65/50-70)   (was 225 ILCS 65/10-35)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 50-70. Concurrent theory and clinical practice
10education requirements of this Act. The educational
11requirements of Sections 55-10 and 60-10 of this Act relating
12to registered professional nursing and licensed practical
13nursing shall not be deemed to have been satisfied by the
14completion of any online correspondence course or any program
15of nursing that does not require coordinated or concurrent
16theory and clinical practice. The Department may, upon
17recommendation of the Board, grant an Illinois license to those
18applicants who have received advanced graduate degrees in
19nursing from an approved program with concurrent theory and
20clinical practice or to those applicants who are currently
21licensed in another state and have been actively practicing
22clinical nursing for a minimum of 2 years.
23(Source: P.A. 95-639, eff. 10-5-07.)
 
24    (225 ILCS 65/50-75)

 

 

HB3472- 298 -LRB100 05726 SMS 15748 b

1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 50-75. Nursing delegation.
3    (a) For the purposes of this Section:
4    "Delegation" means transferring to an individual the
5authority to perform a selected nursing activity or task, in a
6selected situation.
7    "Nursing activity" means any work requiring the use of
8knowledge acquired by completion of an approved program for
9licensure, including advanced education, continuing education,
10and experience as a licensed practical nurse or professional
11nurse, as defined by the Department by rule.
12    "Task" means work not requiring nursing knowledge,
13judgment, or decision-making, as defined by the Department by
14rule.
15    (b) Nursing shall be practiced by licensed practical
16nurses, registered professional nurses, and advanced practice
17registered nurses. In the delivery of nursing care, nurses work
18with many other licensed professionals and other persons. An
19advanced practice registered nurse may delegate to registered
20professional nurses, licensed practical nurses, and others
21persons.
22    (c) A registered professional nurse shall not delegate any
23nursing activity requiring the specialized knowledge,
24judgment, and skill of a licensed nurse to an unlicensed
25person, including medication administration. A registered
26professional nurse may delegate nursing activities to other

 

 

HB3472- 299 -LRB100 05726 SMS 15748 b

1registered professional nurses or licensed practical nurses. A
2registered professional nurse may delegate certain nursing
3activities to a licensed medication aide in accordance with
4Article 80 of this Act.
5    A registered nurse may delegate tasks to other licensed and
6unlicensed persons. A licensed practical nurse who has been
7delegated a nursing activity shall not re-delegate the nursing
8activity. A registered professional nurse or advanced practice
9registered nurse retains the right to refuse to delegate or to
10stop or rescind a previously authorized delegation.
11(Source: P.A. 95-639, eff. 10-5-07.)
 
12    (225 ILCS 65/55-10)   (was 225 ILCS 65/10-30)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 55-10. LPN licensure by examination Qualifications
15for LPN licensure.
16    (a) Each applicant who successfully meets the requirements
17of this Section is eligible for shall be entitled to licensure
18as a licensed practical nurse Licensed Practical Nurse.
19    (b) An applicant for licensure by examination to practice
20as a practical nurse is eligible for licensure when the
21following requirements are met must do each of the following:
22        (1) the applicant has submitted Submit a completed
23    written application, on forms provided by the Department
24    and fees as established by the Department; .
25        (2) the applicant has Have graduated from a practical

 

 

HB3472- 300 -LRB100 05726 SMS 15748 b

1    nursing education program approved by the Department or
2    have been granted a certificate of completion of
3    pre-licensure requirements from another United States
4    jurisdiction; .
5        (3) the applicant has successfully completed
6    Successfully complete a licensure examination approved by
7    the Department; .
8        (4) (blank); Have not violated the provisions of this
9    Act concerning the grounds for disciplinary action. The
10    Department may take into consideration any felony
11    conviction of the applicant, but such a conviction shall
12    not operate as an absolute bar to licensure.
13        (5) the applicant has submitted Submit to the criminal
14    history records check required under Section 50-35 of this
15    Act; .
16        (6) the applicant has submitted Submit either to the
17    Department or its designated testing service, a fee
18    covering the cost of providing the examination. Failure to
19    appear for the examination on the scheduled date at the
20    time and place specified after the applicant's application
21    for examination has been received and acknowledged by the
22    Department or the designated testing service shall result
23    in the forfeiture of the examination fee; and .
24        (7) the applicant has met Meet all other requirements
25    established by rule.
26    An applicant for licensure by examination may take the

 

 

HB3472- 301 -LRB100 05726 SMS 15748 b

1Department-approved examination in another jurisdiction.
2    (b-5) If an applicant for licensure by examination
3neglects, fails, or refuses to take an examination or fails to
4pass an examination for a license under this Act within 3 years
5after filing the application, the application shall be denied.
6The applicant must enroll in and complete an approved practical
7nursing education program prior to submitting an additional
8application for the licensure exam.
9    An applicant may take and successfully complete a
10Department-approved examination in another jurisdiction.
11However, an applicant who has never been licensed previously in
12any jurisdiction that utilizes a Department-approved
13examination and who has taken and failed to pass the
14examination within 3 years after filing the application must
15submit proof of successful completion of a
16Department-authorized nursing education program or
17recompletion of an approved licensed practical nursing program
18prior to re-application.
19    (c) An applicant for licensure by examination shall have
20one year from the date of notification of successful completion
21of the examination to apply to the Department for a license. If
22an applicant fails to apply within one year, the applicant
23shall be required to retake and pass the examination unless
24licensed in another jurisdiction of the United States.
25    (d) A licensed practical nurse applicant who passes the
26Department-approved licensure examination and has applied to

 

 

HB3472- 302 -LRB100 05726 SMS 15748 b

1the Department for licensure may obtain employment as a
2license-pending practical nurse and practice as delegated by a
3registered professional nurse or an advanced practice
4registered nurse or physician. An individual may be employed as
5a license-pending practical nurse if all of the following
6criteria are met:
7        (1) He or she has completed and passed the
8    Department-approved licensure exam and presents to the
9    employer the official written notification indicating
10    successful passage of the licensure examination.
11        (2) He or she has completed and submitted to the
12    Department an application for licensure under this Section
13    as a practical nurse.
14        (3) He or she has submitted the required licensure fee.
15        (4) He or she has met all other requirements
16    established by rule, including having submitted to a
17    criminal history records check.
18    (e) The privilege to practice as a license-pending
19practical nurse shall terminate with the occurrence of any of
20the following:
21        (1) Three months have passed since the official date of
22    passing the licensure exam as inscribed on the formal
23    written notification indicating passage of the exam. This
24    3-month period may be extended as determined by rule.
25        (2) Receipt of the practical nurse license from the
26    Department.

 

 

HB3472- 303 -LRB100 05726 SMS 15748 b

1        (3) Notification from the Department that the
2    application for licensure has been denied.
3        (4) A request by the Department that the individual
4    terminate practicing as a license-pending practical nurse
5    until an official decision is made by the Department to
6    grant or deny a practical nurse license.
7    (f) (Blank). An applicant for licensure by endorsement who
8is a licensed practical nurse licensed by examination under the
9laws of another state or territory of the United States or a
10foreign country, jurisdiction, territory, or province must do
11each of the following:
12        (1) Submit a completed written application, on forms
13    supplied by the Department, and fees as established by the
14    Department.
15        (2) Have graduated from a practical nursing education
16    program approved by the Department.
17        (3) Submit verification of licensure status directly
18    from the United States jurisdiction of licensure, if
19    applicable, as defined by rule.
20        (4) Submit to the criminal history records check
21    required under Section 50-35 of this Act.
22        (5) Meet all other requirements as established by the
23    Department by rule.
24    (g) All applicants for practical nurse licensure by
25examination or endorsement who are graduates of nursing
26educational programs in a country other than the United States

 

 

HB3472- 304 -LRB100 05726 SMS 15748 b

1or its territories shall have their nursing education
2credentials evaluated by a Department-approved nursing
3credentialing evaluation service. No such applicant may be
4issued a license under this Act unless the applicant's program
5is deemed by the nursing credentialing evaluation service to be
6equivalent to a professional nursing education program
7approved by the Department. An applicant who has graduated from
8a nursing educational program outside of the United States or
9its territories and whose first language is not English shall
10submit evidence of English proficiency certification of
11passage of the Test of English as a Foreign Language (TOEFL),
12as defined by rule. The Department may, upon recommendation
13from the nursing evaluation service, waive the requirement that
14the applicant pass the TOEFL examination if the applicant
15submits verification of the successful completion of a nursing
16education program conducted in English. The requirements of
17this subsection (d) may be satisfied by the showing of proof of
18a certificate from the Certificate Program or the VisaScreen
19Program of the Commission on Graduates of Foreign Nursing
20Schools.
21    (h) (Blank). An applicant licensed in another state or
22territory who is applying for licensure and has received her or
23his education in a country other than the United States or its
24territories shall have her or his nursing education credentials
25evaluated by a Department-approved nursing credentialing
26evaluation service. No such applicant may be issued a license

 

 

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1under this Act unless the applicant's program is deemed by the
2nursing credentialing evaluation service to be equivalent to a
3professional nursing education program approved by the
4Department. An applicant who has graduated from a nursing
5educational program outside of the United States or its
6territories and whose first language is not English shall
7submit certification of passage of the Test of English as a
8Foreign Language (TOEFL), as defined by rule. The Department
9may, upon recommendation from the nursing evaluation service,
10waive the requirement that the applicant pass the TOEFL
11examination if the applicant submits verification of the
12successful completion of a nursing education program conducted
13in English or the successful passage of an approved licensing
14examination given in English. The requirements of this
15subsection (d-5) may be satisfied by the showing of proof of a
16certificate from the Certificate Program or the VisaScreen
17Program of the Commission on Graduates of Foreign Nursing
18Schools.
19    (i) (Blank). A licensed practical nurse who holds an
20unencumbered license in good standing in another United States
21jurisdiction and who has applied for practical nurse licensure
22under this Act by endorsement may be issued a temporary
23license, if satisfactory proof of such licensure in another
24jurisdiction is presented to the Department. The Department
25shall not issue an applicant a temporary practical nurse
26license until it is satisfied that the applicant holds an

 

 

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1active, unencumbered license in good standing in another
2jurisdiction. If the applicant holds more than one current
3active license or one or more active temporary licenses from
4another jurisdiction, the Department may not issue a temporary
5license until the Department is satisfied that each current
6active license held by the applicant is unencumbered. The
7temporary license, which shall be issued no later than 14
8working days following receipt by the Department of an
9application for the temporary license, shall be granted upon
10the submission of all of the following to the Department:
11        (1) A completed application for licensure as a
12    practical nurse.
13        (2) Proof of a current, active license in at least one
14    other jurisdiction of the United States and proof that each
15    current active license or temporary license held by the
16    applicant within the last 5 years is unencumbered.
17        (3) A signed and completed application for a temporary
18    license.
19        (4) The required temporary license fee.
20    (j) (Blank). The Department may refuse to issue an
21applicant a temporary license authorized pursuant to this
22Section if, within 14 working days following its receipt of an
23application for a temporary license, the Department determines
24that:
25        (1) the applicant has been convicted of a crime under
26    the laws of a jurisdiction of the United States that is:

 

 

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1    (i) a felony; or (ii) a misdemeanor directly related to the
2    practice of the profession, within the last 5 years;
3        (2) the applicant has had a license or permit related
4    to the practice of practical nursing revoked, suspended, or
5    placed on probation by another jurisdiction within the last
6    5 years and at least one of the grounds for revoking,
7    suspending, or placing on probation is the same or
8    substantially equivalent to grounds in Illinois; or
9        (3) the Department intends to deny licensure by
10    endorsement.
11    (k) (Blank). The Department may revoke a temporary license
12issued pursuant to this Section if it determines any of the
13following:
14        (1) That the applicant has been convicted of a crime
15    under the law of any jurisdiction of the United States that
16    is (i) a felony or (ii) a misdemeanor directly related to
17    the practice of the profession, within the last 5 years.
18        (2) That within the last 5 years the applicant has had
19    a license or permit related to the practice of nursing
20    revoked, suspended, or placed on probation by another
21    jurisdiction, and at least one of the grounds for revoking,
22    suspending, or placing on probation is the same or
23    substantially equivalent to grounds for disciplinary
24    action under this Act.
25        (3) That the Department intends to deny licensure by
26    endorsement.

 

 

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1    (l) (Blank). A temporary license shall expire 6 months from
2the date of issuance. Further renewal may be granted by the
3Department in hardship cases, as defined by rule and upon
4approval of the Secretary. However, a temporary license shall
5automatically expire upon issuance of a valid license under
6this Act or upon notification that the Department intends to
7deny licensure, whichever occurs first.
8    (m) All applicants for practical nurse licensure have 3
9years from the date of application to complete the application
10process. If the process has not been completed within 3 years
11from the date of application, the application shall be denied,
12the fee forfeited, and the applicant must reapply and meet the
13requirements in effect at the time of reapplication.
14(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
1595-639, eff. 10-5-07.)
 
16    (225 ILCS 65/55-11 new)
17    Sec. 55-11. LPN licensure by endorsement.
18    (a) Each applicant who successfully meets the requirements
19of this Section is eligible for licensure as a licensed
20practical nurse.
21    (b) An applicant for licensure by endorsement who is a
22licensed practical nurse licensed by examination under the laws
23of another United States jurisdiction or a foreign jurisdiction
24is eligible for licensure when the following requirements are
25met:

 

 

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1        (1) the applicant has submitted a completed written
2    application on forms supplied by the Department and fees as
3    established by the Department;
4        (2) the applicant has graduated from a practical
5    nursing education program approved by the Department;
6        (3) the applicant has been issued an LPN license by
7    another United States or foreign jurisdiction, which shall
8    be verified, as defined by rule;
9        (4) the applicant has submitted to the criminal history
10    records check required under Section 50-35 of this Act; and
11        (5) the applicant has met all other requirements as
12    established by the Department by rule.
13    (c) An applicant licensed in another state or territory who
14is applying for licensure and has received her or his education
15in a country other than the United States or its territories
16shall have her or his nursing education credentials evaluated
17by a Department-approved nursing credentialing evaluation
18service. No such applicant may be issued a license under this
19Act unless the applicant's program is deemed by the nursing
20credentialing evaluation service to be equivalent to a
21professional nursing education program approved by the
22Department. An applicant who has graduated from a nursing
23education program outside of the United States or its
24territories and whose first language is not English shall
25submit evidence of English proficiency, as defined by rule.
26    (d) A licensed practical nurse who holds an unencumbered

 

 

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1license in good standing in another United States jurisdiction
2and who has applied for practical nurse licensure under this
3Act by endorsement may be issued a temporary permit if
4satisfactory proof of such licensure in another jurisdiction is
5presented to the Department. The Department shall not issue an
6applicant a temporary practical nurse permit until it is
7satisfied that the applicant holds an active, unencumbered
8license in good standing in another jurisdiction. If the
9applicant holds more than one current active license or one or
10more active temporary permits from another jurisdiction, the
11Department may not issue a temporary permit until the
12Department is satisfied that each current active license held
13by the applicant is unencumbered. The temporary permit, which
14shall be issued no later than 14 working days following receipt
15by the Department of an application for the temporary permit,
16shall be granted upon the submission of all of the following to
17the Department:
18        (1) a completed application for licensure as a
19    practical nurse;
20        (2) proof of a current, active license in at least one
21    other jurisdiction of the United States and proof that each
22    current active license or temporary permit held by the
23    applicant within the last 5 years is unencumbered;
24        (3) a signed and completed application for a temporary
25    permit; and
26        (4) the required temporary permit fee.

 

 

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1    (e) The Department may refuse to issue an applicant a
2temporary permit authorized pursuant to this Section if, within
314 working days following its receipt of an application for a
4temporary permit, the Department determines that:
5        (1) the applicant has been convicted of a crime under
6    the laws of a jurisdiction of the United States that is:
7    (i) a felony; or (ii) a misdemeanor directly related to the
8    practice of the profession, within the last 5 years;
9        (2) the applicant has had a license or permit related
10    to the practice of practical nursing revoked, suspended, or
11    placed on probation by another jurisdiction within the last
12    5 years and at least one of the grounds for revoking,
13    suspending, or placing on probation is the same or
14    substantially equivalent to grounds in Illinois; or
15        (3) the Department intends to deny licensure by
16    endorsement.
17    (f) The Department may revoke a temporary permit issued
18pursuant to this Section if it determines that:
19        (1) the applicant has been convicted of a crime under
20    the law of any jurisdiction of the United States that is
21    (i) a felony or (ii) a misdemeanor directly related to the
22    practice of the profession, within the last 5 years;
23        (2) within the last 5 years the applicant has had a
24    license or permit related to the practice of nursing
25    revoked, suspended, or placed on probation by another
26    jurisdiction, and at least one of the grounds for revoking,

 

 

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1    suspending, or placing on probation is the same or
2    substantially equivalent to grounds for disciplinary
3    action under this Act; or
4        (3) the Department intends to deny licensure by
5    endorsement.
6    (g) A temporary permit shall expire 6 months after the date
7of issuance. Further renewal may be granted by the Department
8in hardship cases, as defined by rule and upon approval of the
9Secretary. However, a temporary permit shall automatically
10expire upon issuance of a valid license under this Act or upon
11notification that the Department intends to deny licensure,
12whichever occurs first.
13    (h) All applicants for practical nurse licensure have 3
14years after the date of application to complete the application
15process. If the process has not been completed within 3 years
16after the date of application, the application shall be denied,
17the fee forfeited, and the applicant must reapply and meet the
18requirements in effect at the time of reapplication.
 
19    (225 ILCS 65/55-20)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 55-20. Restoration of LPN license; temporary permit.
22    (a) Any license to practice practical nursing issued under
23this Act that has expired or that is on inactive status may be
24restored by making application to the Department and filing
25proof of fitness acceptable to the Department, as specified by

 

 

HB3472- 313 -LRB100 05726 SMS 15748 b

1rule, to have the license restored, and by paying the required
2restoration fee. Such proof of fitness may include evidence
3certifying active lawful practice in another jurisdiction.
4    (b) A practical nurse licensee seeking restoration of a
5license after it has expired or been placed on inactive status
6for more than 5 years shall file an application, on forms
7supplied by the Department, and submit the restoration or
8renewal fees set forth by the Department. The licensee must
9also submit proof of fitness to practice, as specified by rule.
10, including one of the following:
11        (1) certification of active practice in another
12    jurisdiction, which may include a statement from the
13    appropriate board or licensing authority in the other
14    jurisdiction that the licensee was authorized to practice
15    during the term of said active practice;
16        (2) proof of the successful completion of a
17    Department-approved licensure examination; or
18        (3) an affidavit attesting to military service as
19    provided in subsection (c) of this Section; however, if
20    application is made within 2 years after discharge and if
21    all other provisions of subsection (c) of this Section are
22    satisfied, the applicant shall be required to pay the
23    current renewal fee.
24    (c) Notwithstanding any other provision of this Act, any
25license to practice practical nursing issued under this Act
26that expired while the licensee was (i) in federal service on

 

 

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1active duty with the Armed Forces of the United States or in
2the State Militia and called into service or training or (ii)
3in training or education under the supervision of the United
4States preliminary to induction into the military service may
5have the license restored without paying any lapsed renewal
6fees if, within 2 years after honorable termination of such
7service, training, or education, the applicant furnishes the
8Department with satisfactory evidence to the effect that the
9applicant has been so engaged and that the individual's
10service, training, or education has been so terminated.
11    (d) Any practical nurse licensee who shall engage in the
12practice of practical nursing with a lapsed license or while on
13inactive status shall be considered to be practicing without a
14license, which shall be grounds for discipline under Section
1570-5 of this Act.
16    (e) Pending restoration of a license under this Section,
17the Department may grant an applicant a temporary permit to
18practice as a practical nurse if the Department is satisfied
19that the applicant holds an active, unencumbered license in
20good standing in another jurisdiction. If the applicant holds
21more than one current active license or one or more active
22temporary licenses from another jurisdiction, the Department
23shall not issue a temporary permit until it is satisfied that
24each current active license held by the applicant is
25unencumbered. The temporary permit, which shall be issued no
26later than 14 working days after receipt by the Department of

 

 

HB3472- 315 -LRB100 05726 SMS 15748 b

1an application for the permit, shall be granted upon the
2submission of all of the following to the Department:
3        (1) A signed and completed application for restoration
4    of licensure under this Section as a licensed practical
5    nurse.
6        (2) Proof of (i) a current, active license in at least
7    one other jurisdiction and proof that each current, active
8    license or temporary permit held by the applicant is
9    unencumbered or (ii) fitness to practice nursing in this
10    State, as specified by rule.
11        (3) A signed and completed application for a temporary
12    permit.
13        (4) The required permit fee.
14    (f) The Department may refuse to issue to an applicant a
15temporary permit authorized under this Section if, within 14
16working days after its receipt of an application for a
17temporary permit, the Department determines that:
18        (1) the applicant has been convicted within the last 5
19    years of any crime under the laws of any jurisdiction of
20    the United States that is (i) a felony or (ii) a
21    misdemeanor directly related to the practice of the
22    profession;
23        (2) within the last 5 years, the applicant has had a
24    license or permit related to the practice of nursing
25    revoked, suspended, or placed on probation by another
26    jurisdiction, if at least one of the grounds for revoking,

 

 

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1    suspending, or placing on probation is the same or
2    substantially equivalent to grounds for disciplinary
3    action under this Act; or
4        (3) the Department intends to deny restoration of the
5    license.
6    (g) The Department may revoke a temporary permit issued
7under this Section if:
8        (1) the Department determines that the applicant has
9    been convicted within the last 5 years of any crime under
10    the laws of any jurisdiction of the United States that is
11    (i) a felony or (ii) a misdemeanor directly related to the
12    practice of the profession;
13        (2) within the last 5 years, the applicant had a
14    license or permit related to the practice of nursing
15    revoked, suspended, or placed on probation by another
16    jurisdiction and at least one of the grounds for revoking,
17    suspending, or placing on probation is the same or
18    substantially equivalent to grounds for disciplinary
19    action under this Act; or
20        (3) the Department intends to deny restoration of the
21    license.
22    (h) A temporary permit or renewed temporary permit shall
23expire (i) upon issuance of a valid license under this Act or
24(ii) upon notification that the Department intends to deny
25restoration of licensure. Except as otherwise provided in this
26Section, the temporary permit shall expire 6 months after the

 

 

HB3472- 317 -LRB100 05726 SMS 15748 b

1date of issuance. Further renewal may be granted by the
2Department in hardship cases that shall automatically expire
3upon issuance of a valid license under this Act or upon
4notification that the Department intends to deny licensure,
5whichever occurs first. No extensions shall be granted beyond
6the 6-month period, unless approved by the Secretary.
7Notification by the Department under this Section must be by
8certified or registered mail to the address of record or by
9email to the email address of record.
10(Source: P.A. 95-639, eff. 10-5-07.)
 
11    (225 ILCS 65/55-30)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 55-30. LPN scope of practice.
14    (a) Practice as a licensed practical nurse means a scope of
15basic nursing practice, with or without compensation, as
16delegated by a registered professional nurse or an advanced
17practice registered nurse or as directed by a physician
18assistant, physician, dentist, or podiatric physician, and
19includes, but is not limited to, all of the following:
20        (1) Collecting data and collaborating in the
21    assessment of the health status of a patient.
22        (2) Collaborating in the development and modification
23    of the registered professional nurse's or advanced
24    practice registered nurse's comprehensive nursing plan of
25    care for all types of patients.

 

 

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1        (3) Implementing aspects of the plan of care as
2    delegated.
3        (4) Participating in health teaching and counseling to
4    promote, attain, and maintain the optimum health level of
5    patients, as delegated.
6        (5) Serving as an advocate for the patient by
7    communicating and collaborating with other health service
8    personnel, as delegated.
9        (6) Participating in the evaluation of patient
10    responses to interventions.
11        (7) Communicating and collaborating with other health
12    care professionals as delegated.
13        (8) Providing input into the development of policies
14    and procedures to support patient safety.
15(Source: P.A. 98-214, eff. 8-9-13.)
 
16    (225 ILCS 65/60-5)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 60-5. RN education program requirements; out-of-State
19programs.
20    (a) All registered professional nurse education programs
21must be reviewed by the Board and approved by the Department
22before the successful completion of such a program may be
23applied toward meeting the requirements for registered
24professional nurse licensure under this Act. Any program
25changing the level of educational preparation or the

 

 

HB3472- 319 -LRB100 05726 SMS 15748 b

1relationship with or to the parent institution or establishing
2an extension of an existing program must request a review by
3the Board and approval by the Department. The Board shall
4review and make a recommendation for the approval or
5disapproval of a program by the Department based on the
6following criteria:
7        (1) a feasibility study that describes the need for the
8    program and the facilities used, the potential of the
9    program to recruit faculty and students, financial support
10    for the program, and other criteria, as established by
11    rule;
12        (2) program curriculum that meets all State
13    requirements;
14        (3) the administration of the program by a Nurse
15    Administrator and the involvement of a Nurse Administrator
16    in the development of the program; and
17        (4) the occurrence of a site visit prior to approval.
18    (b) In order to obtain initial Department approval and to
19maintain Department approval, a registered professional
20nursing program must meet all of the following requirements:
21        (1) The institution responsible for conducting the
22    program and the Nurse Administrator must ensure that
23    individual faculty members are academically and
24    professionally competent.
25        (2) The program curriculum must contain all applicable
26    requirements established by rule, including both theory

 

 

HB3472- 320 -LRB100 05726 SMS 15748 b

1    and clinical components.
2        (3) The passage rates of the program's graduating
3    classes on the State-approved licensure exam must be deemed
4    satisfactory by the Department.
5    (c) Program site visits to an institution conducting or
6hosting a professional nursing program may be made at the
7discretion of the Nursing Coordinator or upon recommendation of
8the Board. Full routine site visits may shall be conducted by
9the Department for periodic evaluation. Such The visits shall
10be used to determine compliance with this Act. Full routine
11site visits must be announced and may be waived at the
12discretion of the Department if the program maintains
13accreditation with an accrediting body approved by the
14Department the National League for Nursing Accrediting
15Commission (NLNAC) or the Commission on Collegiate Nursing
16Education (CCNE).
17    (d) Any institution conducting a registered professional
18nursing program that wishes to discontinue the program must do
19each of the following:
20        (1) Notify the Department, in writing, of its intent to
21    discontinue the program.
22        (2) Continue to meet the requirements of this Act and
23    the rules adopted thereunder until the official date of
24    termination of the program.
25        (3) Notify the Department of the date on which the last
26    student shall graduate from the program and the program

 

 

HB3472- 321 -LRB100 05726 SMS 15748 b

1    shall terminate.
2        (4) Assist remaining students in the continuation of
3    their education in the event of program termination prior
4    to the graduation of the program's final student.
5        (5) Upon the closure of the program, notify the
6    Department, in writing, of the location of student and
7    graduate records' storage.
8    (e) Out-of-State registered professional nursing education
9programs planning to offer clinical practice experiences in
10this State must meet the requirements set forth in this Section
11and must meet the clinical and faculty requirements for
12institutions outside of this State, as established by rule. The
13institution responsible for conducting an out-of-State
14registered professional nursing education program and the
15administrator of the program shall be responsible for ensuring
16that the individual faculty and preceptors overseeing the
17clinical experience are academically and professionally
18competent.
19(Source: P.A. 95-639, eff. 10-5-07.)
 
20    (225 ILCS 65/60-10)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 60-10. RN licensure by examination Qualifications for
23RN licensure.
24    (a) Each applicant who successfully meets the requirements
25of this Section is eligible for shall be entitled to licensure

 

 

HB3472- 322 -LRB100 05726 SMS 15748 b

1as a registered professional nurse.
2    (b) An applicant for licensure by examination to practice
3as a registered professional nurse is eligible for licensure
4when the following requirements are met must do each of the
5following:
6        (1) the applicant has submitted Submit a completed
7    written application, on forms provided by the Department,
8    and fees, as established by the Department; .
9        (2) the applicant has Have graduated from a
10    professional nursing education program approved by the
11    Department or have been granted a certificate of completion
12    of pre-licensure requirements from another United States
13    jurisdiction; .
14        (3) the applicant has successfully completed
15    Successfully complete a licensure examination approved by
16    the Department; .
17        (4) (blank); Have not violated the provisions of this
18    Act concerning the grounds for disciplinary action. The
19    Department may take into consideration any felony
20    conviction of the applicant, but such a conviction may not
21    operate as an absolute bar to licensure.
22        (5) the applicant has submitted Submit to the criminal
23    history records check required under Section 50-35 of this
24    Act; .
25        (6) the applicant has submitted Submit, either to the
26    Department or its designated testing service, a fee

 

 

HB3472- 323 -LRB100 05726 SMS 15748 b

1    covering the cost of providing the examination; failure .
2    Failure to appear for the examination on the scheduled date
3    at the time and place specified after the applicant's
4    application for examination has been received and
5    acknowledged by the Department or the designated testing
6    service shall result in the forfeiture of the examination
7    fee; and .
8        (7) the applicant has met Meet all other requirements
9    established by the Department by rule.
10    An applicant for licensure by examination may take the
11Department-approved examination in another jurisdiction.
12    (b-5) If an applicant for licensure by examination
13neglects, fails, or refuses to take an examination or fails to
14pass an examination for a license within 3 years after filing
15the application, the application shall be denied. The applicant
16may make a new application accompanied by the required fee,
17evidence of meeting the requirements in force at the time of
18the new application, and proof of the successful completion of
19at least 2 additional years of professional nursing education.
20    (c) An applicant for licensure by examination shall have
21one year after the date of notification of the successful
22completion of the examination to apply to the Department for a
23license. If an applicant fails to apply within one year, the
24applicant shall be required to retake and pass the examination
25unless licensed in another jurisdiction of the United States.
26    (d) An applicant for licensure by examination who passes

 

 

HB3472- 324 -LRB100 05726 SMS 15748 b

1the Department-approved licensure examination for professional
2nursing may obtain employment as a license-pending registered
3nurse and practice under the direction of a registered
4professional nurse or an advanced practice registered nurse
5until such time as he or she receives his or her license to
6practice or until the license is denied. In no instance shall
7any such applicant practice or be employed in any management
8capacity. An individual may be employed as a license-pending
9registered nurse if all of the following criteria are met:
10        (1) He or she has completed and passed the
11    Department-approved licensure exam and presents to the
12    employer the official written notification indicating
13    successful passage of the licensure examination.
14        (2) He or she has completed and submitted to the
15    Department an application for licensure under this Section
16    as a registered professional nurse.
17        (3) He or she has submitted the required licensure fee.
18        (4) He or she has met all other requirements
19    established by rule, including having submitted to a
20    criminal history records check.
21    (e) The privilege to practice as a license-pending
22registered nurse shall terminate with the occurrence of any of
23the following:
24        (1) Three months have passed since the official date of
25    passing the licensure exam as inscribed on the formal
26    written notification indicating passage of the exam. The

 

 

HB3472- 325 -LRB100 05726 SMS 15748 b

1    3-month license pending period may be extended if more time
2    is needed by the Department to process the licensure
3    application.
4        (2) Receipt of the registered professional nurse
5    license from the Department.
6        (3) Notification from the Department that the
7    application for licensure has been refused.
8        (4) A request by the Department that the individual
9    terminate practicing as a license-pending registered nurse
10    until an official decision is made by the Department to
11    grant or deny a registered professional nurse license.
12    (f) (Blank). An applicant for registered professional
13nurse licensure by endorsement who is a registered professional
14nurse licensed by examination under the laws of another state
15or territory of the United States must do each of the
16following:
17        (1) Submit a completed written application, on forms
18    supplied by the Department, and fees as established by the
19    Department.
20        (2) Have graduated from a registered professional
21    nursing education program approved by the Department.
22        (3) Submit verification of licensure status directly
23    from the United States jurisdiction of licensure, if
24    applicable, as defined by rule.
25        (4) Submit to the criminal history records check
26    required under Section 50-35 of this Act.

 

 

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1        (5) Meet all other requirements as established by the
2    Department by rule.
3    (g) (Blank). Pending the issuance of a license under this
4Section, the Department may grant an applicant a temporary
5license to practice nursing as a registered professional nurse
6if the Department is satisfied that the applicant holds an
7active, unencumbered license in good standing in another U.S.
8jurisdiction. If the applicant holds more than one current
9active license or one or more active temporary licenses from
10another jurisdiction, the Department may not issue a temporary
11license until the Department is satisfied that each current
12active license held by the applicant is unencumbered. The
13temporary license, which shall be issued no later than 14
14working days after receipt by the Department of an application
15for the temporary license, shall be granted upon the submission
16of all of the following to the Department:
17        (1) A completed application for licensure as a
18    registered professional nurse.
19        (2) Proof of a current, active license in at least one
20    other jurisdiction of the United States and proof that each
21    current active license or temporary license held by the
22    applicant within the last 5 years is unencumbered.
23        (3) A completed application for a temporary license.
24        (4) The required temporary license fee.
25    (h) (Blank). The Department may refuse to issue an
26applicant a temporary license authorized pursuant to this

 

 

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1Section if, within 14 working days after its receipt of an
2application for a temporary license, the Department determines
3that:
4        (1) the applicant has been convicted of a crime under
5    the laws of a jurisdiction of the United States that is (i)
6    a felony or (ii) a misdemeanor directly related to the
7    practice of the profession, within the last 5 years;
8        (2) the applicant has had a license or permit related
9    to the practice of nursing revoked, suspended, or placed on
10    probation by another jurisdiction within the last 5 years,
11    if at least one of the grounds for revoking, suspending, or
12    placing on probation is the same or substantially
13    equivalent to grounds for disciplinary action under this
14    Act; or
15        (3) the Department intends to deny licensure by
16    endorsement.
17    (i) (Blank). The Department may revoke a temporary license
18issued pursuant to this Section if it determines any of the
19following:
20        (1) That the applicant has been convicted of a crime
21    under the laws of any jurisdiction of the United States
22    that is (i) a felony or (ii) a misdemeanor directly related
23    to the practice of the profession, within the last 5 years.
24        (2) That within the last 5 years, the applicant has had
25    a license or permit related to the practice of nursing
26    revoked, suspended, or placed on probation by another

 

 

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1    jurisdiction, if at least one of the grounds for revoking,
2    suspending, or placing on probation is the same or
3    substantially equivalent to grounds for disciplinary
4    action under this Act.
5        (3) That it intends to deny licensure by endorsement.
6    (j) (Blank). A temporary license issued under this Section
7shall expire 6 months after the date of issuance. Further
8renewal may be granted by the Department in hardship cases, as
9defined by rule and upon approval of the Secretary. However, a
10temporary license shall automatically expire upon issuance of
11the Illinois license or upon notification that the Department
12intends to deny licensure, whichever occurs first.
13    (k) All applicants for registered professional nurse
14licensure have 3 years after the date of application to
15complete the application process. If the process has not been
16completed within 3 years after the date of application, the
17application shall be denied, the fee forfeited, and the
18applicant must reapply and meet the requirements in effect at
19the time of reapplication.
20    (l) All applicants for registered nurse licensure by
21examination or endorsement who are graduates of practical
22nursing educational programs in a country other than the United
23States and its territories shall have their nursing education
24credentials evaluated by a Department-approved nursing
25credentialing evaluation service. No such applicant may be
26issued a license under this Act unless the applicant's program

 

 

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1is deemed by the nursing credentialing evaluation service to be
2equivalent to a professional nursing education program
3approved by the Department. An applicant who has graduated from
4a nursing educational program outside of the United States or
5its territories and whose first language is not English shall
6submit evidence of English proficiency certification of
7passage of the Test of English as a Foreign Language (TOEFL),
8as defined by rule. The Department may, upon recommendation
9from the nursing evaluation service, waive the requirement that
10the applicant pass the TOEFL examination if the applicant
11submits verification of the successful completion of a nursing
12education program conducted in English. The requirements of
13this subsection (l) may be satisfied by the showing of proof of
14a certificate from the Certificate Program or the VisaScreen
15Program of the Commission on Graduates of Foreign Nursing
16Schools.
17    (m) (Blank). An applicant licensed in another state or
18territory who is applying for licensure and has received her or
19his education in a country other than the United States or its
20territories shall have her or his nursing education credentials
21evaluated by a Department-approved nursing credentialing
22evaluation service. No such applicant may be issued a license
23under this Act unless the applicant's program is deemed by the
24nursing credentialing evaluation service to be equivalent to a
25professional nursing education program approved by the
26Department. An applicant who has graduated from a nursing

 

 

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1educational program outside of the United States or its
2territories and whose first language is not English shall
3submit certification of passage of the Test of English as a
4Foreign Language (TOEFL), as defined by rule. The Department
5may, upon recommendation from the nursing evaluation service,
6waive the requirement that the applicant pass the TOEFL
7examination if the applicant submits verification of the
8successful completion of a nursing education program conducted
9in English or the successful passage of an approved licensing
10examination given in English. The requirements of this
11subsection (m) may be satisfied by the showing of proof of a
12certificate from the Certificate Program or the VisaScreen
13Program of the Commission on Graduates of Foreign Nursing
14Schools.
15(Source: P.A. 95-639, eff. 10-5-07.)
 
16    (225 ILCS 65/60-11 new)
17    Sec. 60-11. RN licensure by endorsement.
18    (a) Each applicant who successfully meets the requirements
19of this Section is eligible for licensure as a registered
20professional nurse.
21    (b) An applicant for registered professional nurse
22licensure by endorsement who is a registered professional nurse
23licensed by examination under the laws of another United States
24jurisdiction or a foreign jurisdiction is eligible for
25licensure when the following requirements are met:

 

 

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1        (1) the applicant has submitted a completed written
2    application, on forms supplied by the Department, and fees
3    as established by the Department;
4        (2) the applicant has graduated from a registered
5    professional nursing education program approved by the
6    Department;
7        (3) the applicant has been issued an LPN license by
8    another United States or foreign jurisdiction, which shall
9    be verified, as defined by rule;
10        (4) the applicant has submitted to the criminal history
11    records check required under Section 50-35 of this Act; and
12        (5) the applicant has met all other requirements as
13    established by the Department by rule.
14    (c) Pending the issuance of a license under this Section,
15the Department may grant an applicant a temporary permit to
16practice nursing as a registered professional nurse if the
17Department is satisfied that the applicant holds an active,
18unencumbered license in good standing in another United States
19jurisdiction. If the applicant holds more than one current
20active license or one or more active temporary licenses from
21another jurisdiction, the Department may not issue a temporary
22permit until the Department is satisfied that each current
23active license held by the applicant is unencumbered. The
24temporary permit, which shall be issued no later than 14
25working days after receipt by the Department of an application
26for the temporary permit, shall be granted upon the submission

 

 

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1of all of the following to the Department:
2        (1) a completed application for licensure as a
3    registered professional nurse;
4        (2) proof of a current, active license in at least one
5    other jurisdiction of the United States and proof that each
6    current active license or temporary license held by the
7    applicant within the last 5 years is unencumbered;
8        (3) a completed application for a temporary permit; and
9        (4) the required temporary permit fee.
10    (d) The Department may refuse to issue an applicant a
11temporary permit authorized pursuant to this Section if, within
1214 working days after its receipt of an application for a
13temporary permit, the Department determines that:
14        (1) the applicant has been convicted of a crime under
15    the laws of a jurisdiction of the United States that is (i)
16    a felony or (ii) a misdemeanor directly related to the
17    practice of the profession, within the last 5 years;
18        (2) the applicant has had a license or permit related
19    to the practice of nursing revoked, suspended, or placed on
20    probation by another jurisdiction within the last 5 years,
21    if at least one of the grounds for revoking, suspending, or
22    placing on probation is the same or substantially
23    equivalent to grounds for disciplinary action under this
24    Act; or
25        (3) the Department intends to deny licensure by
26    endorsement.

 

 

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1    (e) The Department may revoke a temporary permit issued
2pursuant to this Section if it determines that:
3        (1) the applicant has been convicted of a crime under
4    the laws of any jurisdiction of the United States that is
5    (i) a felony or (ii) a misdemeanor directly related to the
6    practice of the profession, within the last 5 years;
7        (2) within the last 5 years, the applicant has had a
8    license or permit related to the practice of nursing
9    revoked, suspended, or placed on probation by another
10    jurisdiction, if at least one of the grounds for revoking,
11    suspending, or placing on probation is the same or
12    substantially equivalent to grounds for disciplinary
13    action under this Act; or
14        (3) the Department intends to deny licensure by
15    endorsement.
16    (f) A temporary permit issued under this Section shall
17expire 6 months after the date of issuance. Further renewal may
18be granted by the Department in hardship cases, as defined by
19rule and upon approval of the Secretary. However, a temporary
20permit shall automatically expire upon issuance of the Illinois
21license or upon notification that the Department intends to
22deny licensure, whichever occurs first.
23    (g) All applicants for registered professional nurse
24licensure have 3 years after the date of application to
25complete the application process. If the process has not been
26completed within 3 years after the date of application, the

 

 

HB3472- 334 -LRB100 05726 SMS 15748 b

1application shall be denied, the fee forfeited, and the
2applicant must reapply and meet the requirements in effect at
3the time of reapplication.
4    (h) An applicant licensed in another state or territory who
5is applying for licensure and has received her or his education
6in a country other than the United States or its territories
7shall have her or his nursing education credentials evaluated
8by a Department-approved nursing credentialing evaluation
9service. No such applicant may be issued a license under this
10Act unless the applicant's program is deemed by the nursing
11credentialing evaluation service to be equivalent to a
12professional nursing education program approved by the
13Department. An applicant who has graduated from a nursing
14education program outside of the United States or its
15territories and whose first language is not English shall
16submit evidence of English proficiency, as defined by rule.
 
17    (225 ILCS 65/60-25)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 60-25. Restoration of RN license; temporary permit.
20    (a) Any license to practice professional nursing issued
21under this Act that has expired or that is on inactive status
22may be restored by making application to the Department and
23filing proof of fitness acceptable to the Department as
24specified by rule to have the license restored and by paying
25the required restoration fee. Such proof of fitness may include

 

 

HB3472- 335 -LRB100 05726 SMS 15748 b

1evidence certifying active lawful practice in another
2jurisdiction.
3    (b) A licensee seeking restoration of a license after it
4has expired or been placed on inactive status for more than 5
5years shall file an application, on forms supplied by the
6Department, and submit the restoration or renewal fees set
7forth by the Department. The licensee shall also submit proof
8of fitness to practice as specified by rule. , including one of
9the following:
10        (1) Certification of active practice in another
11    jurisdiction, which may include a statement from the
12    appropriate board or licensing authority in the other
13    jurisdiction that the licensee was authorized to practice
14    during the term of said active practice.
15        (2) Proof of the successful completion of a
16    Department-approved licensure examination.
17        (3) An affidavit attesting to military service as
18    provided in subsection (c) of this Section; however, if
19    application is made within 2 years after discharge and if
20    all other provisions of subsection (c) of this Section are
21    satisfied, the applicant shall be required to pay the
22    current renewal fee.
23    (c) Any registered professional nurse license issued under
24this Act that expired while the licensee was (1) in federal
25service on active duty with the Armed Forces of the United
26States or in the State Militia called into service or training

 

 

HB3472- 336 -LRB100 05726 SMS 15748 b

1or (2) in training or education under the supervision of the
2United States preliminary to induction into the military
3service may have the license restored without paying any lapsed
4renewal fees if, within 2 years after honorable termination of
5such service, training, or education, the applicant furnishes
6the Department with satisfactory evidence to the effect that
7the applicant has been so engaged and that the individual's
8service, training, or education has been so terminated.
9    (d) Any licensee who engages in the practice of
10professional nursing with a lapsed license or while on inactive
11status shall be considered to be practicing without a license,
12which shall be grounds for discipline under Section 70-5 of
13this Act.
14    (e) Pending restoration of a registered professional nurse
15license under this Section, the Department may grant an
16applicant a temporary permit to practice as a registered
17professional nurse if the Department is satisfied that the
18applicant holds an active, unencumbered license in good
19standing in another jurisdiction. If the applicant holds more
20than one current active license or one or more active temporary
21licenses from another jurisdiction, the Department shall not
22issue a temporary permit until it is satisfied that each
23current active license held by the applicant is unencumbered.
24The temporary permit, which shall be issued no later than 14
25working days after receipt by the Department of an application
26for the permit, shall be granted upon the submission of all of

 

 

HB3472- 337 -LRB100 05726 SMS 15748 b

1the following to the Department:
2        (1) A signed and completed application for restoration
3    of licensure under this Section as a registered
4    professional nurse.
5        (2) Proof of (i) a current, active license in at least
6    one other jurisdiction and proof that each current, active
7    license or temporary permit held by the applicant is
8    unencumbered or (ii) fitness to practice nursing in
9    Illinois, as specified by rule.
10        (3) A signed and completed application for a temporary
11    permit.
12        (4) The required permit fee.
13    (f) The Department may refuse to issue to an applicant a
14temporary permit authorized under this Section if, within 14
15working days after its receipt of an application for a
16temporary permit, the Department determines that:
17        (1) the applicant has been convicted within the last 5
18    years of any crime under the laws of any jurisdiction of
19    the United States that is (i) a felony or (ii) a
20    misdemeanor directly related to the practice of the
21    profession;
22        (2) within the last 5 years the applicant had a license
23    or permit related to the practice of nursing revoked,
24    suspended, or placed on probation by another jurisdiction
25    if at least one of the grounds for revoking, suspending, or
26    placing on probation is the same or substantially

 

 

HB3472- 338 -LRB100 05726 SMS 15748 b

1    equivalent to grounds for disciplinary action under this
2    Act; or
3        (3) the Department intends to deny restoration of the
4    license.
5    (g) The Department may revoke a temporary permit issued
6under this Section if:
7        (1) the Department determines that the applicant has
8    been convicted within the last 5 years of any crime under
9    the laws of any jurisdiction of the United States that is
10    (i) a felony or (ii) a misdemeanor directly related to the
11    practice of the profession;
12        (2) within the last 5 years, the applicant had a
13    license or permit related to the practice of nursing
14    revoked, suspended, or placed on probation by another
15    jurisdiction, if at least one of the grounds for revoking,
16    suspending, or placing on probation is the same or
17    substantially equivalent to grounds in Illinois; or
18        (3) the Department intends to deny restoration of the
19    license.
20    (h) A temporary permit or renewed temporary permit shall
21expire (i) upon issuance of an Illinois license or (ii) upon
22notification that the Department intends to deny restoration of
23licensure. A temporary permit shall expire 6 months from the
24date of issuance. Further renewal may be granted by the
25Department, in hardship cases, that shall automatically expire
26upon issuance of the Illinois license or upon notification that

 

 

HB3472- 339 -LRB100 05726 SMS 15748 b

1the Department intends to deny licensure, whichever occurs
2first. No extensions shall be granted beyond the 6-month period
3unless approved by the Secretary. Notification by the
4Department under this Section must be by certified or
5registered mail to the address of record or by email to the
6email address of record.
7(Source: P.A. 95-639, eff. 10-5-07.)
 
8    (225 ILCS 65/Art. 65 heading)
9
ARTICLE 65. ADVANCED PRACTICE REGISTERED NURSES
10
(Article scheduled to be repealed on January 1, 2018)
11(Source: P.A. 95-639, eff. 10-5-07.)
 
12    (225 ILCS 65/65-5)   (was 225 ILCS 65/15-10)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 65-5. Qualifications for APRN APN licensure.
15    (a) Each applicant who successfully meets the requirements
16of this Section is eligible for shall be entitled to licensure
17as an advanced practice registered nurse.
18    (b) An applicant for licensure to practice as an advanced
19practice registered nurse is eligible for licensure when the
20following requirements are met must do each of the following:
21        (1) the applicant has submitted Submit a completed
22    application and any fees as established by the Department; .
23        (2) the applicant holds Hold a current license to
24    practice as a registered professional nurse under this

 

 

HB3472- 340 -LRB100 05726 SMS 15748 b

1    Act; .
2        (3) the applicant has Have successfully completed
3    requirements to practice as, and holds and maintains
4    current, national certification as, a nurse midwife,
5    clinical nurse specialist, nurse practitioner, or
6    certified registered nurse anesthetist from the
7    appropriate national certifying body as determined by rule
8    of the Department; .
9        (4) the applicant has Have obtained a graduate degree
10    appropriate for national certification in a clinical
11    advanced practice registered nursing specialty or a
12    graduate degree or post-master's certificate from a
13    graduate level program in a clinical advanced practice
14    registered nursing specialty; .
15        (5) (blank); Have not violated the provisions of this
16    Act concerning the grounds for disciplinary action. The
17    Department may take into consideration any felony
18    conviction of the applicant, but such a conviction may not
19    operate as an absolute bar to licensure.
20        (6) the applicant has submitted Submit to the criminal
21    history records check required under Section 50-35 of this
22    Act; and .
23        (7) if applicable, the applicant has submitted
24    verification of licensure status in another jurisdiction,
25    as provided by rule.
26    (b-5) A registered professional nurse seeking licensure as

 

 

HB3472- 341 -LRB100 05726 SMS 15748 b

1an advanced practice registered nurse in the category of
2certified registered nurse anesthetist who does not have a
3graduate degree as described in subsection (b) of this Section
4shall be qualified for licensure if that person:
5        (1) submits evidence of having successfully completed
6    a nurse anesthesia program described in item (4) of
7    subsection (b) of this Section prior to January 1, 1999;
8        (2) submits evidence of certification as a registered
9    nurse anesthetist by an appropriate national certifying
10    body; and
11        (3) has continually maintained active, up-to-date
12    recertification status as a certified registered nurse
13    anesthetist by an appropriate national recertifying body.
14    (b-10) The Department may shall issue a certified
15registered nurse anesthetist license to an APRN APN who (i)
16does not have a graduate degree, (ii) applies for licensure
17before July 1, 2018, and (iii) submits all of the following to
18the Department:
19        (1) His or her current State registered nurse license
20    number.
21        (2) Proof of current national certification, which
22    includes the completion of an examination from either of
23    the following:
24            (A) the Council on Certification of the American
25        Association of Nurse Anesthetists; or
26            (B) the Council on Recertification of the American

 

 

HB3472- 342 -LRB100 05726 SMS 15748 b

1        Association of Nurse Anesthetists.
2        (3) Proof of the successful completion of a post-basic
3    advanced practice formal education program in the area of
4    nurse anesthesia prior to January 1, 1999.
5        (4) His or her complete work history for the 5-year
6    period immediately preceding the date of his or her
7    application.
8        (5) Verification of licensure as an advanced practice
9    registered nurse from the state in which he or she was
10    originally licensed, current state of licensure, and any
11    other state in which he or she has been actively practicing
12    as an advanced practice registered nurse within the 5-year
13    period immediately preceding the date of his or her
14    application. If applicable, this verification must state:
15            (A) the time during which he or she was licensed in
16        each state, including the date of the original issuance
17        of each license; and
18            (B) any disciplinary action taken or pending
19        concerning any nursing license held, currently or in
20        the past, by the applicant.
21        (6) The required fee.
22    (c) Those applicants seeking licensure in more than one
23advanced practice registered nursing specialty need not
24possess multiple graduate degrees. Applicants may be eligible
25for licenses for multiple advanced practice registered nurse
26licensure specialties, provided that the applicant (i) has met

 

 

HB3472- 343 -LRB100 05726 SMS 15748 b

1the requirements for at least one advanced practice registered
2nursing specialty under paragraphs (3) and (5) of subsection
3(a) of this Section, (ii) possesses an additional graduate
4education that results in a certificate for another clinical
5advanced practice registered nurse specialty and that meets the
6requirements for the national certification from the
7appropriate nursing specialty, and (iii) holds a current
8national certification from the appropriate national
9certifying body for that additional advanced practice
10registered nursing specialty.
11(Source: P.A. 98-837, eff. 1-1-15.)
 
12    (225 ILCS 65/65-10)   (was 225 ILCS 65/15-13)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 65-10. APRN APN license pending status.
15    (a) A graduate of an advanced practice registered nursing
16program may practice in the State of Illinois in the role of
17certified clinical nurse specialist, certified nurse midwife,
18certified nurse practitioner, or certified registered nurse
19anesthetist for not longer than 6 months provided he or she
20submits all of the following:
21        (1) An application for licensure as an advanced
22    practice registered nurse in Illinois and all fees
23    established by rule.
24        (2) Proof of an application to take the national
25    certification examination in the specialty.

 

 

HB3472- 344 -LRB100 05726 SMS 15748 b

1        (3) Proof of completion of a graduate advanced practice
2    education program that allows the applicant to be eligible
3    for national certification in a clinical advanced practice
4    registered nursing specialty and that allows the applicant
5    to be eligible for licensure in Illinois in the area of his
6    or her specialty.
7        (4) Proof that he or she is licensed in Illinois as a
8    registered professional nurse.
9    (b) License pending status shall preclude delegation of
10prescriptive authority.
11    (c) A graduate practicing in accordance with this Section
12must use the title "license pending certified clinical nurse
13specialist", "license pending certified nurse midwife",
14"license pending certified nurse practitioner", or "license
15pending certified registered nurse anesthetist", whichever is
16applicable.
17(Source: P.A. 97-813, eff. 7-13-12.)
 
18    (225 ILCS 65/65-15)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 65-15. Expiration of APRN APN license; renewal.
21    (a) The expiration date and renewal period for each
22advanced practice registered nurse license issued under this
23Act shall be set by rule. The holder of a license may renew the
24license during the month preceding the expiration date of the
25license by paying the required fee. It is the responsibility of

 

 

HB3472- 345 -LRB100 05726 SMS 15748 b

1the licensee to notify the Department in writing of a change of
2address.
3    (b) On and after May 30, 2020, except as provided in
4subsections (c) and (d) of this Section, each advanced practice
5registered nurse is required to show proof of continued,
6current national certification in the specialty.
7    (c) An advanced practice registered nurse who does not meet
8the educational requirements necessary to obtain national
9certification but has continuously held an unencumbered
10license under this Act since 2001 shall not be required to show
11proof of national certification in the specialty to renew his
12or her advanced practice registered nurse license.
13    (d) The Department may renew the license of an advanced
14practice registered nurse who applies for renewal of his or her
15license on or before May 30, 2016 and is unable to provide
16proof of continued, current national certification in the
17specialty but complies with all other renewal requirements.
18    (e) Any advanced practice registered nurse license renewed
19on and after May 31, 2016 based on the changes made to this
20Section by this amendatory Act of the 99th General Assembly
21shall be retroactive to the expiration date.
22(Source: P.A. 99-505, eff. 5-27-16.)
 
23    (225 ILCS 65/65-20)
24    (Section scheduled to be repealed on January 1, 2018)
25    Sec. 65-20. Restoration of APRN APN license; temporary

 

 

HB3472- 346 -LRB100 05726 SMS 15748 b

1permit.
2    (a) Any license issued under this Act that has expired or
3that is on inactive status may be restored by making
4application to the Department and filing proof of fitness
5acceptable to the Department as specified by rule to have the
6license restored and by paying the required restoration fee.
7Such proof of fitness may include evidence certifying active
8lawful practice in another jurisdiction.
9    (b) A licensee seeking restoration of a license after it
10has expired or been placed on inactive status for more than 5
11years shall file an application, on forms supplied by the
12Department, and submit the restoration or renewal fees set
13forth by the Department. The licensee shall also submit proof
14of fitness to practice as specified by rule. , including one of
15the following:
16        (1) Certification of active practice in another
17    jurisdiction, which may include a statement from the
18    appropriate board or licensing authority in the other
19    jurisdiction in which the licensee was authorized to
20    practice during the term of said active practice.
21        (2) Proof of the successful completion of a
22    Department-approved licensure examination.
23        (3) An affidavit attesting to military service as
24    provided in subsection (c) of this Section; however, if
25    application is made within 2 years after discharge and if
26    all other provisions of subsection (c) of this Section are

 

 

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1    satisfied, the applicant shall be required to pay the
2    current renewal fee.
3        (4) Other proof as established by rule.
4    (c) Any advanced practice registered nurse license issued
5under this Act that expired while the licensee was (1) in
6federal service on active duty with the Armed Forces of the
7United States or in the State Militia called into service or
8training or (2) in training or education under the supervision
9of the United States preliminary to induction into the military
10service may have the license restored without paying any lapsed
11renewal fees if, within 2 years after honorable termination of
12such service, training, or education, the applicant furnishes
13the Department with satisfactory evidence to the effect that
14the applicant has been so engaged and that the individual's
15service, training, or education has been so terminated.
16    (d) Any licensee who engages in the practice of advanced
17practice registered nursing with a lapsed license or while on
18inactive status shall be considered to be practicing without a
19license, which shall be grounds for discipline under Section
2070-5 of this Act.
21    (e) Pending restoration of an advanced practice registered
22nurse license under this Section, the Department may grant an
23applicant a temporary permit to practice as an advanced
24practice registered nurse if the Department is satisfied that
25the applicant holds an active, unencumbered license in good
26standing in another jurisdiction. If the applicant holds more

 

 

HB3472- 348 -LRB100 05726 SMS 15748 b

1than one current, active license or one or more active
2temporary licenses from another jurisdiction, the Department
3shall not issue a temporary permit until it is satisfied that
4each current active license held by the applicant is
5unencumbered. The temporary permit, which shall be issued no
6later than 14 working days after receipt by the Department of
7an application for the permit, shall be granted upon the
8submission of all of the following to the Department:
9        (1) A signed and completed application for restoration
10    of licensure under this Section as an advanced practice
11    registered nurse.
12        (2) Proof of (i) a current, active license in at least
13    one other jurisdiction and proof that each current, active
14    license or temporary permit held by the applicant is
15    unencumbered or (ii) fitness to practice nursing in
16    Illinois, as specified by rule.
17        (3) A signed and completed application for a temporary
18    permit.
19        (4) The required permit fee.
20        (5) Other proof as established by rule.
21    (f) The Department may refuse to issue to an applicant a
22temporary permit authorized under this Section if, within 14
23working days after its receipt of an application for a
24temporary permit, the Department determines that:
25        (1) the applicant has been convicted within the last 5
26    years of any crime under the laws of any jurisdiction of

 

 

HB3472- 349 -LRB100 05726 SMS 15748 b

1    the United States that is (i) a felony or (ii) a
2    misdemeanor directly related to the practice of the
3    profession;
4        (2) within the last 5 years, the applicant had a
5    license or permit related to the practice of nursing
6    revoked, suspended, or placed on probation by another
7    jurisdiction if at least one of the grounds for revoking,
8    suspending, or placing on probation is the same or
9    substantially equivalent to grounds for disciplinary
10    action under this Act; or
11        (3) the Department intends to deny restoration of the
12    license.
13    (g) The Department may revoke a temporary permit issued
14under this Section if:
15        (1) the Department determines that the applicant has
16    been convicted within the last 5 years of any crime under
17    the laws of any jurisdiction of the United States that is
18    (i) a felony or (ii) a misdemeanor directly related to the
19    practice of the profession;
20        (2) within the last 5 years, the applicant had a
21    license or permit related to the practice of nursing
22    revoked, suspended, or placed on probation by another
23    jurisdiction, if at least one of the grounds for revoking,
24    suspending, or placing on probation is the same or
25    substantially equivalent to grounds in Illinois; or
26        (3) the Department intends to deny restoration of the

 

 

HB3472- 350 -LRB100 05726 SMS 15748 b

1    license.
2    (h) A temporary permit or renewed temporary permit shall
3expire (i) upon issuance of an Illinois license or (ii) upon
4notification that the Department intends to deny restoration of
5licensure. Except as otherwise provided in this Section, a
6temporary permit shall expire 6 months from the date of
7issuance. Further renewal may be granted by the Department in
8hardship cases that shall automatically expire upon issuance of
9the Illinois license or upon notification that the Department
10intends to deny licensure, whichever occurs first. No
11extensions shall be granted beyond the 6-month period unless
12approved by the Secretary. Notification by the Department under
13this Section must be by certified or registered mail to the
14address of record or by email to the email address of record.
15(Source: P.A. 95-639, eff. 10-5-07.)
 
16    (225 ILCS 65/65-25)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 65-25. Inactive status of a APRN APN license. Any
19advanced practice registered nurse who notifies the Department
20in writing on forms prescribed by the Department may elect to
21place his or her license on inactive status and shall, subject
22to rules of the Department, be excused from payment of renewal
23fees until notice is given to the Department in writing of his
24or her intent to restore the license.
25    Any advanced practice registered nurse requesting

 

 

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1restoration from inactive status shall be required to pay the
2current renewal fee and shall be required to restore his or her
3license, as provided by rule of the Department.
4    Any advanced practice registered nurse whose license is on
5inactive status shall not practice advanced practice
6registered nursing, as defined by this Act in the State of
7Illinois.
8(Source: P.A. 95-639, eff. 10-5-07.)
 
9    (225 ILCS 65/65-30)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 65-30. APRN APN scope of practice.
12    (a) Advanced practice registered nursing by certified
13nurse practitioners, certified nurse anesthetists, certified
14nurse midwives, or clinical nurse specialists is based on
15knowledge and skills acquired throughout an advanced practice
16registered nurse's nursing education, training, and
17experience.
18    (b) Practice as an advanced practice registered nurse means
19a scope of nursing practice, with or without compensation, and
20includes the registered nurse scope of practice.
21    (c) The scope of practice of an advanced practice
22registered nurse includes, but is not limited to, each of the
23following:
24        (1) Advanced nursing patient assessment and diagnosis.
25        (2) Ordering diagnostic and therapeutic tests and

 

 

HB3472- 352 -LRB100 05726 SMS 15748 b

1procedures, performing those tests and procedures when using
2health care equipment, and interpreting and using the results
3of diagnostic and therapeutic tests and procedures ordered by
4the advanced practice registered nurse or another health care
5professional.
6        (3) Ordering treatments, ordering or applying
7appropriate medical devices, and using nursing medical,
8therapeutic, and corrective measures to treat illness and
9improve health status.
10        (4) Providing palliative and end-of-life care.
11        (5) Providing advanced counseling, patient education,
12health education, and patient advocacy.
13        (6) Prescriptive authority as defined in Section 65-40
14of this Act.
15        (7) Delegating selected nursing activities or tasks to
16a licensed practical nurse, a registered professional nurse, or
17other personnel.
18(Source: P.A. 95-639, eff. 10-5-07.)
 
19    (225 ILCS 65/65-35)   (was 225 ILCS 65/15-15)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 65-35. Written collaborative agreements.
22    (a) A written collaborative agreement is required for all
23advanced practice registered nurses engaged in clinical
24practice, except for advanced practice registered nurses who
25are authorized to practice in a hospital, hospital affiliate,

 

 

HB3472- 353 -LRB100 05726 SMS 15748 b

1or ambulatory surgical treatment center.
2    (a-5) If an advanced practice registered nurse engages in
3clinical practice outside of a hospital, hospital affiliate, or
4ambulatory surgical treatment center in which he or she is
5authorized to practice, the advanced practice registered nurse
6must have a written collaborative agreement.
7    (b) A written collaborative agreement shall describe the
8relationship of the advanced practice registered nurse with the
9collaborating physician or podiatric physician and shall
10describe the categories of care, treatment, or procedures to be
11provided by the advanced practice registered nurse. A
12collaborative agreement with a dentist must be in accordance
13with subsection (c-10) of this Section. Collaboration does not
14require an employment relationship between the collaborating
15physician or podiatric physician and advanced practice
16registered nurse.
17    The collaborative relationship under an agreement shall
18not be construed to require the personal presence of a
19physician or podiatric physician at the place where services
20are rendered. Methods of communication shall be available for
21consultation with the collaborating physician or podiatric
22physician in person or by telecommunications or electronic
23communications as set forth in the written agreement.
24    (b-5) Absent an employment relationship, a written
25collaborative agreement may not (1) restrict the categories of
26patients of an advanced practice registered nurse within the

 

 

HB3472- 354 -LRB100 05726 SMS 15748 b

1scope of the advanced practice registered nurses training and
2experience, (2) limit third party payors or government health
3programs, such as the medical assistance program or Medicare
4with which the advanced practice registered nurse contracts, or
5(3) limit the geographic area or practice location of the
6advanced practice registered nurse in this State.
7    (c) In the case of anesthesia services provided by a
8certified registered nurse anesthetist, an anesthesiologist, a
9physician, a dentist, or a podiatric physician must participate
10through discussion of and agreement with the anesthesia plan
11and remain physically present and available on the premises
12during the delivery of anesthesia services for diagnosis,
13consultation, and treatment of emergency medical conditions.
14    (c-5) A certified registered nurse anesthetist, who
15provides anesthesia services outside of a hospital or
16ambulatory surgical treatment center shall enter into a written
17collaborative agreement with an anesthesiologist or the
18physician licensed to practice medicine in all its branches or
19the podiatric physician performing the procedure. Outside of a
20hospital or ambulatory surgical treatment center, the
21certified registered nurse anesthetist may provide only those
22services that the collaborating podiatric physician is
23authorized to provide pursuant to the Podiatric Medical
24Practice Act of 1987 and rules adopted thereunder. A certified
25registered nurse anesthetist may select, order, and administer
26medication, including controlled substances, and apply

 

 

HB3472- 355 -LRB100 05726 SMS 15748 b

1appropriate medical devices for delivery of anesthesia
2services under the anesthesia plan agreed with by the
3anesthesiologist or the operating physician or operating
4podiatric physician.
5    (c-10) A certified registered nurse anesthetist who
6provides anesthesia services in a dental office shall enter
7into a written collaborative agreement with an
8anesthesiologist or the physician licensed to practice
9medicine in all its branches or the operating dentist
10performing the procedure. The agreement shall describe the
11working relationship of the certified registered nurse
12anesthetist and dentist and shall authorize the categories of
13care, treatment, or procedures to be performed by the certified
14registered nurse anesthetist. In a collaborating dentist's
15office, the certified registered nurse anesthetist may only
16provide those services that the operating dentist with the
17appropriate permit is authorized to provide pursuant to the
18Illinois Dental Practice Act and rules adopted thereunder. For
19anesthesia services, an anesthesiologist, physician, or
20operating dentist shall participate through discussion of and
21agreement with the anesthesia plan and shall remain physically
22present and be available on the premises during the delivery of
23anesthesia services for diagnosis, consultation, and treatment
24of emergency medical conditions. A certified registered nurse
25anesthetist may select, order, and administer medication,
26including controlled substances, and apply appropriate medical

 

 

HB3472- 356 -LRB100 05726 SMS 15748 b

1devices for delivery of anesthesia services under the
2anesthesia plan agreed with by the operating dentist.
3    (d) A copy of the signed, written collaborative agreement
4must be available to the Department upon request from both the
5advanced practice registered nurse and the collaborating
6physician, dentist, or podiatric physician.
7    (e) Nothing in this Act shall be construed to limit the
8delegation of tasks or duties by a physician to a licensed
9practical nurse, a registered professional nurse, or other
10persons in accordance with Section 54.2 of the Medical Practice
11Act of 1987. Nothing in this Act shall be construed to limit
12the method of delegation that may be authorized by any means,
13including, but not limited to, oral, written, electronic,
14standing orders, protocols, guidelines, or verbal orders.
15Nothing in this Act shall be construed to authorize an advanced
16practice registered nurse to provide health care services
17required by law or rule to be performed by a physician.
18    (f) An advanced practice registered nurse shall inform each
19collaborating physician, dentist, or podiatric physician of
20all collaborative agreements he or she has signed and provide a
21copy of these to any collaborating physician, dentist, or
22podiatric physician upon request.
23    (g) (Blank).
24(Source: P.A. 98-192, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756,
25eff. 7-16-14; 99-173, eff. 7-29-15.)
 

 

 

HB3472- 357 -LRB100 05726 SMS 15748 b

1    (225 ILCS 65/65-35.1)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 65-35.1. Written collaborative agreement; temporary
4practice. Any advanced practice registered nurse required to
5enter into a written collaborative agreement with a
6collaborating physician or collaborating podiatrist is
7authorized to continue to practice for up to 90 days after the
8termination of a collaborative agreement provided the advanced
9practice registered nurse seeks any needed collaboration at a
10local hospital and refers patients who require services beyond
11the training and experience of the advanced practice registered
12nurse to a physician or other health care provider.
13(Source: P.A. 99-173, eff. 7-29-15.)
 
14    (225 ILCS 65/65-40)   (was 225 ILCS 65/15-20)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 65-40. Written collaborative agreement; prescriptive
17authority.
18    (a) A collaborating physician or podiatric physician may,
19but is not required to, delegate prescriptive authority to an
20advanced practice registered nurse as part of a written
21collaborative agreement. This authority may, but is not
22required to, include prescription of, selection of, orders for,
23administration of, storage of, acceptance of samples of, and
24dispensing over the counter medications, legend drugs, medical
25gases, and controlled substances categorized as any Schedule

 

 

HB3472- 358 -LRB100 05726 SMS 15748 b

1III through V controlled substances, as defined in Article II
2of the Illinois Controlled Substances Act, and other
3preparations, including, but not limited to, botanical and
4herbal remedies. The collaborating physician or podiatric
5physician must have a valid current Illinois controlled
6substance license and federal registration to delegate
7authority to prescribe delegated controlled substances.
8    (b) To prescribe controlled substances under this Section,
9an advanced practice registered nurse must obtain a mid-level
10practitioner controlled substance license. Medication orders
11shall be reviewed periodically by the collaborating physician
12or podiatric physician.
13    (c) The collaborating physician or podiatric physician
14shall file with the Department notice of delegation of
15prescriptive authority and termination of such delegation, in
16accordance with rules of the Department. Upon receipt of this
17notice delegating authority to prescribe any Schedule III
18through V controlled substances, the licensed advanced
19practice registered nurse shall be eligible to register for a
20mid-level practitioner controlled substance license under
21Section 303.05 of the Illinois Controlled Substances Act.
22    (d) In addition to the requirements of subsections (a),
23(b), and (c) of this Section, a collaborating physician or
24podiatric physician may, but is not required to, delegate
25authority to an advanced practice registered nurse to prescribe
26any Schedule II controlled substances, if all of the following

 

 

HB3472- 359 -LRB100 05726 SMS 15748 b

1conditions apply:
2        (1) Specific Schedule II controlled substances by oral
3    dosage or topical or transdermal application may be
4    delegated, provided that the delegated Schedule II
5    controlled substances are routinely prescribed by the
6    collaborating physician or podiatric physician. This
7    delegation must identify the specific Schedule II
8    controlled substances by either brand name or generic name.
9    Schedule II controlled substances to be delivered by
10    injection or other route of administration may not be
11    delegated.
12        (2) Any delegation must be controlled substances that
13    the collaborating physician or podiatric physician
14    prescribes.
15        (3) Any prescription must be limited to no more than a
16    30-day supply, with any continuation authorized only after
17    prior approval of the collaborating physician or podiatric
18    physician.
19        (4) The advanced practice registered nurse must
20    discuss the condition of any patients for whom a controlled
21    substance is prescribed monthly with the delegating
22    physician.
23        (5) The advanced practice registered nurse meets the
24    education requirements of Section 303.05 of the Illinois
25    Controlled Substances Act.
26    (e) Nothing in this Act shall be construed to limit the

 

 

HB3472- 360 -LRB100 05726 SMS 15748 b

1delegation of tasks or duties by a physician to a licensed
2practical nurse, a registered professional nurse, or other
3persons. Nothing in this Act shall be construed to limit the
4method of delegation that may be authorized by any means,
5including, but not limited to, oral, written, electronic,
6standing orders, protocols, guidelines, or verbal orders.
7    (f) Nothing in this Section shall be construed to apply to
8any medication authority including Schedule II controlled
9substances of an advanced practice registered nurse for care
10provided in a hospital, hospital affiliate, or ambulatory
11surgical treatment center pursuant to Section 65-45.
12    (g) Any advanced practice registered nurse who writes a
13prescription for a controlled substance without having a valid
14appropriate authority may be fined by the Department not more
15than $50 per prescription, and the Department may take any
16other disciplinary action provided for in this Act.
17    (h) Nothing in this Section shall be construed to prohibit
18generic substitution.
19(Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)
 
20    (225 ILCS 65/65-45)   (was 225 ILCS 65/15-25)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 65-45. Advanced practice registered nursing in
23hospitals, hospital affiliates, or ambulatory surgical
24treatment centers.
25    (a) An advanced practice registered nurse may provide

 

 

HB3472- 361 -LRB100 05726 SMS 15748 b

1services in a hospital or a hospital affiliate as those terms
2are defined in the Hospital Licensing Act or the University of
3Illinois Hospital Act or a licensed ambulatory surgical
4treatment center without a written collaborative agreement
5pursuant to Section 65-35 of this Act. An advanced practice
6registered nurse must possess clinical privileges recommended
7by the hospital medical staff and granted by the hospital or
8the consulting medical staff committee and ambulatory surgical
9treatment center in order to provide services. The medical
10staff or consulting medical staff committee shall periodically
11review the services of advanced practice registered nurses
12granted clinical privileges, including any care provided in a
13hospital affiliate. Authority may also be granted when
14recommended by the hospital medical staff and granted by the
15hospital or recommended by the consulting medical staff
16committee and ambulatory surgical treatment center to
17individual advanced practice registered nurses to select,
18order, and administer medications, including controlled
19substances, to provide delineated care. In a hospital, hospital
20affiliate, or ambulatory surgical treatment center, the
21attending physician shall determine an advanced practice
22registered nurse's role in providing care for his or her
23patients, except as otherwise provided in the medical staff
24bylaws or consulting committee policies.
25    (a-2) An advanced practice registered nurse granted
26authority to order medications including controlled substances

 

 

HB3472- 362 -LRB100 05726 SMS 15748 b

1may complete discharge prescriptions provided the prescription
2is in the name of the advanced practice registered nurse and
3the attending or discharging physician.
4    (a-3) Advanced practice registered nurses practicing in a
5hospital or an ambulatory surgical treatment center are not
6required to obtain a mid-level controlled substance license to
7order controlled substances under Section 303.05 of the
8Illinois Controlled Substances Act.
9    (a-5) For anesthesia services provided by a certified
10registered nurse anesthetist, an anesthesiologist, physician,
11dentist, or podiatric physician shall participate through
12discussion of and agreement with the anesthesia plan and shall
13remain physically present and be available on the premises
14during the delivery of anesthesia services for diagnosis,
15consultation, and treatment of emergency medical conditions,
16unless hospital policy adopted pursuant to clause (B) of
17subdivision (3) of Section 10.7 of the Hospital Licensing Act
18or ambulatory surgical treatment center policy adopted
19pursuant to clause (B) of subdivision (3) of Section 6.5 of the
20Ambulatory Surgical Treatment Center Act provides otherwise. A
21certified registered nurse anesthetist may select, order, and
22administer medication for anesthesia services under the
23anesthesia plan agreed to by the anesthesiologist or the
24physician, in accordance with hospital alternative policy or
25the medical staff consulting committee policies of a licensed
26ambulatory surgical treatment center.

 

 

HB3472- 363 -LRB100 05726 SMS 15748 b

1    (b) An advanced practice registered nurse who provides
2services in a hospital shall do so in accordance with Section
310.7 of the Hospital Licensing Act and, in an ambulatory
4surgical treatment center, in accordance with Section 6.5 of
5the Ambulatory Surgical Treatment Center Act.
6    (c) Advanced practice registered nurses certified as nurse
7practitioners, nurse midwives, or clinical nurse specialists
8practicing in a hospital affiliate may be, but are not required
9to be, granted authority to prescribe Schedule II through V
10controlled substances when such authority is recommended by the
11appropriate physician committee of the hospital affiliate and
12granted by the hospital affiliate. This authority may, but is
13not required to, include prescription of, selection of, orders
14for, administration of, storage of, acceptance of samples of,
15and dispensing over-the-counter medications, legend drugs,
16medical gases, and controlled substances categorized as
17Schedule II through V controlled substances, as defined in
18Article II of the Illinois Controlled Substances Act, and other
19preparations, including, but not limited to, botanical and
20herbal remedies.
21    To prescribe controlled substances under this subsection
22(c), an advanced practice registered nurse certified as a nurse
23practitioner, nurse midwife, or clinical nurse specialist must
24obtain a mid-level practitioner controlled substance license.
25Medication orders shall be reviewed periodically by the
26appropriate hospital affiliate physicians committee or its

 

 

HB3472- 364 -LRB100 05726 SMS 15748 b

1physician designee.
2    The hospital affiliate shall file with the Department
3notice of a grant of prescriptive authority consistent with
4this subsection (c) and termination of such a grant of
5authority, in accordance with rules of the Department. Upon
6receipt of this notice of grant of authority to prescribe any
7Schedule II through V controlled substances, the licensed
8advanced practice registered nurse certified as a nurse
9practitioner, nurse midwife, or clinical nurse specialist may
10register for a mid-level practitioner controlled substance
11license under Section 303.05 of the Illinois Controlled
12Substances Act.
13    In addition, a hospital affiliate may, but is not required
14to, grant authority to an advanced practice registered nurse
15certified as a nurse practitioner, nurse midwife, or clinical
16nurse specialist to prescribe any Schedule II controlled
17substances, if all of the following conditions apply:
18        (1) specific Schedule II controlled substances by oral
19    dosage or topical or transdermal application may be
20    designated, provided that the designated Schedule II
21    controlled substances are routinely prescribed by advanced
22    practice registered nurses in their area of certification;
23    this grant of authority must identify the specific Schedule
24    II controlled substances by either brand name or generic
25    name; authority to prescribe or dispense Schedule II
26    controlled substances to be delivered by injection or other

 

 

HB3472- 365 -LRB100 05726 SMS 15748 b

1    route of administration may not be granted;
2        (2) any grant of authority must be controlled
3    substances limited to the practice of the advanced practice
4    registered nurse;
5        (3) any prescription must be limited to no more than a
6    30-day supply;
7        (4) the advanced practice registered nurse must
8    discuss the condition of any patients for whom a controlled
9    substance is prescribed monthly with the appropriate
10    physician committee of the hospital affiliate or its
11    physician designee; and
12        (5) the advanced practice registered nurse must meet
13    the education requirements of Section 303.05 of the
14    Illinois Controlled Substances Act.
15(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
 
16    (225 ILCS 65/65-50)   (was 225 ILCS 65/15-30)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 65-50. APRN APN title.
19    (a) No person shall use any words, abbreviations, figures,
20letters, title, sign, card, or device tending to imply that he
21or she is an advanced practice registered nurse, including, but
22not limited to, using the titles or initials "Advanced Practice
23Registered Nurse", "Certified Nurse Midwife", "Certified Nurse
24Practitioner", "Certified Registered Nurse Anesthetist",
25"Clinical Nurse Specialist", "A.P.R.N." "A.P.N.", "C.N.M.",

 

 

HB3472- 366 -LRB100 05726 SMS 15748 b

1"C.N.P.", "C.R.N.A.", "C.N.S.", or similar titles or initials,
2with the intention of indicating practice as an advanced
3practice registered nurse without meeting the requirements of
4this Act. For purposes of this provision, the terms "advanced
5practice nurse" and "A.P.N." are considered to be similar
6titles or initials protected by this subsection (a).
7    (b) No advanced practice registered nurse shall indicate to
8other persons that he or she is qualified to engage in the
9practice of medicine.
10    (c) An advanced practice registered nurse shall verbally
11identify himself or herself as an advanced practice registered
12nurse, including specialty certification, to each patient.
13    (d) Nothing in this Act shall be construed to relieve an
14advanced practice registered nurse of the professional or legal
15responsibility for the care and treatment of persons attended
16by him or her.
17(Source: P.A. 95-639, eff. 10-5-07.)
 
18    (225 ILCS 65/65-55)   (was 225 ILCS 65/15-40)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 65-55. Advertising as an APRN APN.
21    (a) A person licensed under this Act as an advanced
22practice registered nurse may advertise the availability of
23professional services in the public media or on the premises
24where the professional services are rendered. The advertising
25shall be limited to the following information:

 

 

HB3472- 367 -LRB100 05726 SMS 15748 b

1        (1) publication of the person's name, title, office
2    hours, address, and telephone number;
3        (2) information pertaining to the person's areas of
4    specialization, including, but not limited to, appropriate
5    board certification or limitation of professional
6    practice;
7        (3) publication of the person's collaborating
8    physician's, dentist's, or podiatric physician's name,
9    title, and areas of specialization;
10        (4) information on usual and customary fees for routine
11    professional services offered, which shall include
12    notification that fees may be adjusted due to complications
13    or unforeseen circumstances;
14        (5) announcements of the opening of, change of, absence
15    from, or return to business;
16        (6) announcement of additions to or deletions from
17    professional licensed staff; and
18        (7) the issuance of business or appointment cards.
19    (b) It is unlawful for a person licensed under this Act as
20an advanced practice registered nurse to use testimonials or
21claims of superior quality of care to entice the public. It
22shall be unlawful to advertise fee comparisons of available
23services with those of other licensed persons.
24    (c) This Article does not authorize the advertising of
25professional services that the offeror of the services is not
26licensed or authorized to render. Nor shall the advertiser use

 

 

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1statements that contain false, fraudulent, deceptive, or
2misleading material or guarantees of success, statements that
3play upon the vanity or fears of the public, or statements that
4promote or produce unfair competition.
5    (d) It is unlawful and punishable under the penalty
6provisions of this Act for a person licensed under this Article
7to knowingly advertise that the licensee will accept as payment
8for services rendered by assignment from any third party payor
9the amount the third party payor covers as payment in full, if
10the effect is to give the impression of eliminating the need of
11payment by the patient of any required deductible or copayment
12applicable in the patient's health benefit plan.
13    (e) A licensee shall include in every advertisement for
14services regulated under this Act his or her title as it
15appears on the license or the initials authorized under this
16Act.
17    (f) As used in this Section, "advertise" means solicitation
18by the licensee or through another person or entity by means of
19handbills, posters, circulars, motion pictures, radio,
20newspapers, or television or any other manner.
21(Source: P.A. 98-214, eff. 8-9-13.)
 
22    (225 ILCS 65/65-65)   (was 225 ILCS 65/15-55)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 65-65. Reports relating to APRN APN professional
25conduct and capacity.

 

 

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1    (a) Entities Required to Report.
2        (1) Health Care Institutions. The chief administrator
3    or executive officer of a health care institution licensed
4    by the Department of Public Health, which provides the
5    minimum due process set forth in Section 10.4 of the
6    Hospital Licensing Act, shall report to the Board when an
7    advanced practice registered nurse's organized
8    professional staff clinical privileges are terminated or
9    are restricted based on a final determination, in
10    accordance with that institution's bylaws or rules and
11    regulations, that (i) a person has either committed an act
12    or acts that may directly threaten patient care and that
13    are not of an administrative nature or (ii) that a person
14    may have a mental or physical disability that may endanger
15    patients under that person's care. The chief administrator
16    or officer shall also report if an advanced practice
17    registered nurse accepts voluntary termination or
18    restriction of clinical privileges in lieu of formal action
19    based upon conduct related directly to patient care and not
20    of an administrative nature, or in lieu of formal action
21    seeking to determine whether a person may have a mental or
22    physical disability that may endanger patients under that
23    person's care. The Department Board shall provide by rule
24    for the reporting to it of all instances in which a person
25    licensed under this Article, who is impaired by reason of
26    age, drug, or alcohol abuse or physical or mental

 

 

HB3472- 370 -LRB100 05726 SMS 15748 b

1    impairment, is under supervision and, where appropriate,
2    is in a program of rehabilitation. Reports submitted under
3    this subsection shall be strictly confidential and may be
4    reviewed and considered only by the members of the Board or
5    authorized staff as provided by rule of the Department
6    Board. Provisions shall be made for the periodic report of
7    the status of any such reported person not less than twice
8    annually in order that the Board shall have current
9    information upon which to determine the status of that
10    person. Initial and periodic reports of impaired advanced
11    practice registered nurses shall not be considered records
12    within the meaning of the State Records Act and shall be
13    disposed of, following a determination by the Board that
14    such reports are no longer required, in a manner and at an
15    appropriate time as the Board shall determine by rule. The
16    filing of reports submitted under this subsection shall be
17    construed as the filing of a report for purposes of
18    subsection (c) of this Section.
19        (2) Professional Associations. The President or chief
20    executive officer of an association or society of persons
21    licensed under this Article, operating within this State,
22    shall report to the Board when the association or society
23    renders a final determination that a person licensed under
24    this Article has committed unprofessional conduct related
25    directly to patient care or that a person may have a mental
26    or physical disability that may endanger patients under the

 

 

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1    person's care.
2        (3) Professional Liability Insurers. Every insurance
3    company that offers policies of professional liability
4    insurance to persons licensed under this Article, or any
5    other entity that seeks to indemnify the professional
6    liability of a person licensed under this Article, shall
7    report to the Board the settlement of any claim or cause of
8    action, or final judgment rendered in any cause of action,
9    that alleged negligence in the furnishing of patient care
10    by the licensee when the settlement or final judgment is in
11    favor of the plaintiff.
12        (4) State's Attorneys. The State's Attorney of each
13    county shall report to the Board all instances in which a
14    person licensed under this Article is convicted or
15    otherwise found guilty of the commission of a felony.
16        (5) State Agencies. All agencies, boards, commissions,
17    departments, or other instrumentalities of the government
18    of this State shall report to the Board any instance
19    arising in connection with the operations of the agency,
20    including the administration of any law by the agency, in
21    which a person licensed under this Article has either
22    committed an act or acts that may constitute a violation of
23    this Article, that may constitute unprofessional conduct
24    related directly to patient care, or that indicates that a
25    person licensed under this Article may have a mental or
26    physical disability that may endanger patients under that

 

 

HB3472- 372 -LRB100 05726 SMS 15748 b

1    person's care.
2    (b) Mandatory Reporting. All reports required under items
3(16) and (17) of subsection (a) of Section 70-5 shall be
4submitted to the Board in a timely fashion. The reports shall
5be filed in writing within 60 days after a determination that a
6report is required under this Article. All reports shall
7contain the following information:
8        (1) The name, address, and telephone number of the
9    person making the report.
10        (2) The name, address, and telephone number of the
11    person who is the subject of the report.
12        (3) The name or other means of identification of any
13    patient or patients whose treatment is a subject of the
14    report, except that no medical records may be revealed
15    without the written consent of the patient or patients.
16        (4) A brief description of the facts that gave rise to
17    the issuance of the report, including, but not limited to,
18    the dates of any occurrences deemed to necessitate the
19    filing of the report.
20        (5) If court action is involved, the identity of the
21    court in which the action is filed, the docket number, and
22    date of filing of the action.
23        (6) Any further pertinent information that the
24    reporting party deems to be an aid in the evaluation of the
25    report.
26    Nothing contained in this Section shall be construed to in

 

 

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1any way waive or modify the confidentiality of medical reports
2and committee reports to the extent provided by law. Any
3information reported or disclosed shall be kept for the
4confidential use of the Board, the Board's attorneys, the
5investigative staff, and authorized clerical staff and shall be
6afforded the same status as is provided information concerning
7medical studies in Part 21 of Article VIII of the Code of Civil
8Procedure.
9    (c) Immunity from Prosecution. An individual or
10organization acting in good faith, and not in a willful wilful
11and wanton manner, in complying with this Section by providing
12a report or other information to the Board, by assisting in the
13investigation or preparation of a report or information, by
14participating in proceedings of the Board, or by serving as a
15member of the Board shall not, as a result of such actions, be
16subject to criminal prosecution or civil damages.
17    (d) Indemnification. Members of the Board, the Board's
18attorneys, the investigative staff, advanced practice
19registered nurses or physicians retained under contract to
20assist and advise in the investigation, and authorized clerical
21staff shall be indemnified by the State for any actions (i)
22occurring within the scope of services on the Board, (ii)
23performed in good faith, and (iii) not willful wilful and
24wanton in nature. The Attorney General shall defend all actions
25taken against those persons unless he or she determines either
26that there would be a conflict of interest in the

 

 

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1representation or that the actions complained of were not
2performed in good faith or were willful wilful and wanton in
3nature. If the Attorney General declines representation, the
4member shall have the right to employ counsel of his or her
5choice, whose fees shall be provided by the State, after
6approval by the Attorney General, unless there is a
7determination by a court that the member's actions were not
8performed in good faith or were willful wilful and wanton in
9nature. The member shall notify the Attorney General within 7
10days of receipt of notice of the initiation of an action
11involving services of the Board. Failure to so notify the
12Attorney General shall constitute an absolute waiver of the
13right to a defense and indemnification. The Attorney General
14shall determine within 7 days after receiving the notice
15whether he or she will undertake to represent the member.
16    (e) Deliberations of Board. Upon the receipt of a report
17called for by this Section, other than those reports of
18impaired persons licensed under this Article required pursuant
19to the rules of the Board, the Board shall notify in writing by
20certified or registered mail or by email to the email address
21of record the person who is the subject of the report. The
22notification shall be made within 30 days of receipt by the
23Board of the report. The notification shall include a written
24notice setting forth the person's right to examine the report.
25Included in the notification shall be the address at which the
26file is maintained, the name of the custodian of the reports,

 

 

HB3472- 375 -LRB100 05726 SMS 15748 b

1and the telephone number at which the custodian may be reached.
2The person who is the subject of the report shall submit a
3written statement responding to, clarifying, adding to, or
4proposing to amend the report previously filed. The statement
5shall become a permanent part of the file and shall be received
6by the Board no more than 30 days after the date on which the
7person was notified of the existence of the original report.
8The Board shall review all reports received by it and any
9supporting information and responding statements submitted by
10persons who are the subject of reports. The review by the Board
11shall be in a timely manner but in no event shall the Board's
12initial review of the material contained in each disciplinary
13file be less than 61 days nor more than 180 days after the
14receipt of the initial report by the Board. When the Board
15makes its initial review of the materials contained within its
16disciplinary files, the Board shall, in writing, make a
17determination as to whether there are sufficient facts to
18warrant further investigation or action. Failure to make that
19determination within the time provided shall be deemed to be a
20determination that there are not sufficient facts to warrant
21further investigation or action. Should the Board find that
22there are not sufficient facts to warrant further investigation
23or action, the report shall be accepted for filing and the
24matter shall be deemed closed and so reported. The individual
25or entity filing the original report or complaint and the
26person who is the subject of the report or complaint shall be

 

 

HB3472- 376 -LRB100 05726 SMS 15748 b

1notified in writing by the Board of any final action on their
2report or complaint.
3    (f) (Blank). Summary Reports. The Board shall prepare, on a
4timely basis, but in no event less than one every other month,
5a summary report of final actions taken upon disciplinary files
6maintained by the Board. The summary reports shall be made
7available to the public upon request and payment of the fees
8set by the Department. This publication may be made available
9to the public on the Department's Internet website.
10    (g) Any violation of this Section shall constitute a Class
11A misdemeanor.
12    (h) If a person violates the provisions of this Section, an
13action may be brought in the name of the People of the State of
14Illinois, through the Attorney General of the State of
15Illinois, for an order enjoining the violation or for an order
16enforcing compliance with this Section. Upon filing of a
17verified petition in court, the court may issue a temporary
18restraining order without notice or bond and may preliminarily
19or permanently enjoin the violation, and if it is established
20that the person has violated or is violating the injunction,
21the court may punish the offender for contempt of court.
22Proceedings under this subsection shall be in addition to, and
23not in lieu of, all other remedies and penalties provided for
24by this Section.
25(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

HB3472- 377 -LRB100 05726 SMS 15748 b

1    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 70-5. Grounds for disciplinary action.
4    (a) The Department may refuse to issue or to renew, or may
5revoke, suspend, place on probation, reprimand, or take other
6disciplinary or non-disciplinary action as the Department may
7deem appropriate, including fines not to exceed $10,000 per
8violation, with regard to a license for any one or combination
9of the causes set forth in subsection (b) below. All fines
10collected under this Section shall be deposited in the Nursing
11Dedicated and Professional Fund.
12    (b) Grounds for disciplinary action include the following:
13        (1) Material deception in furnishing information to
14    the Department.
15        (2) Material violations of any provision of this Act or
16    violation of the rules of or final administrative action of
17    the Secretary, after consideration of the recommendation
18    of the Board.
19        (3) Conviction by plea of guilty or nolo contendere,
20    finding of guilt, jury verdict, or entry of judgment or by
21    sentencing of any crime, including, but not limited to,
22    convictions, preceding sentences of supervision,
23    conditional discharge, or first offender probation, under
24    the laws of any jurisdiction of the United States: (i) that
25    is a felony; or (ii) that is a misdemeanor, an essential
26    element of which is dishonesty, or that is directly related

 

 

HB3472- 378 -LRB100 05726 SMS 15748 b

1    to the practice of the profession.
2        (4) A pattern of practice or other behavior which
3    demonstrates incapacity or incompetency to practice under
4    this Act.
5        (5) Knowingly aiding or assisting another person in
6    violating any provision of this Act or rules.
7        (6) Failing, within 90 days, to provide a response to a
8    request for information in response to a written request
9    made by the Department by certified or registered mail or
10    by email to the email address of record.
11        (7) Engaging in dishonorable, unethical or
12    unprofessional conduct of a character likely to deceive,
13    defraud or harm the public, as defined by rule.
14        (8) Unlawful taking, theft, selling, distributing, or
15    manufacturing of any drug, narcotic, or prescription
16    device.
17        (9) Habitual or excessive use or addiction to alcohol,
18    narcotics, stimulants, or any other chemical agent or drug
19    that could result in a licensee's inability to practice
20    with reasonable judgment, skill or safety.
21        (10) Discipline by another U.S. jurisdiction or
22    foreign nation, if at least one of the grounds for the
23    discipline is the same or substantially equivalent to those
24    set forth in this Section.
25        (11) A finding that the licensee, after having her or
26    his license placed on probationary status or subject to

 

 

HB3472- 379 -LRB100 05726 SMS 15748 b

1    conditions or restrictions, has violated the terms of
2    probation or failed to comply with such terms or
3    conditions.
4        (12) Being named as a perpetrator in an indicated
5    report by the Department of Children and Family Services
6    and under the Abused and Neglected Child Reporting Act, and
7    upon proof by clear and convincing evidence that the
8    licensee has caused a child to be an abused child or
9    neglected child as defined in the Abused and Neglected
10    Child Reporting Act.
11        (13) Willful omission to file or record, or willfully
12    impeding the filing or recording or inducing another person
13    to omit to file or record medical reports as required by
14    law.
15        (13.5) Willfully or willfully failing to report an
16    instance of suspected child abuse or neglect as required by
17    the Abused and Neglected Child Reporting Act.
18        (14) Gross negligence in the practice of practical,
19    professional, or advanced practice registered nursing.
20        (15) Holding oneself out to be practicing nursing under
21    any name other than one's own.
22        (16) Failure of a licensee to report to the Department
23    any adverse final action taken against him or her by
24    another licensing jurisdiction of the United States or any
25    foreign state or country, any peer review body, any health
26    care institution, any professional or nursing society or

 

 

HB3472- 380 -LRB100 05726 SMS 15748 b

1    association, any governmental agency, any law enforcement
2    agency, or any court or a nursing liability claim related
3    to acts or conduct similar to acts or conduct that would
4    constitute grounds for action as defined in this Section.
5        (17) Failure of a licensee to report to the Department
6    surrender by the licensee of a license or authorization to
7    practice nursing or advanced practice registered nursing
8    in another state or jurisdiction or current surrender by
9    the licensee of membership on any nursing staff or in any
10    nursing or advanced practice registered nursing or
11    professional association or society while under
12    disciplinary investigation by any of those authorities or
13    bodies for acts or conduct similar to acts or conduct that
14    would constitute grounds for action as defined by this
15    Section.
16        (18) Failing, within 60 days, to provide information in
17    response to a written request made by the Department.
18        (19) Failure to establish and maintain records of
19    patient care and treatment as required by law.
20        (20) Fraud, deceit or misrepresentation in applying
21    for or procuring a license under this Act or in connection
22    with applying for renewal of a license under this Act.
23        (21) Allowing another person or organization to use the
24    licensees' license to deceive the public.
25        (22) Willfully making or filing false records or
26    reports in the licensee's practice, including but not

 

 

HB3472- 381 -LRB100 05726 SMS 15748 b

1    limited to false records to support claims against the
2    medical assistance program of the Department of Healthcare
3    and Family Services (formerly Department of Public Aid)
4    under the Illinois Public Aid Code.
5        (23) Attempting to subvert or cheat on a licensing
6    examination administered under this Act.
7        (24) Immoral conduct in the commission of an act,
8    including, but not limited to, sexual abuse, sexual
9    misconduct, or sexual exploitation, related to the
10    licensee's practice.
11        (25) Willfully or negligently violating the
12    confidentiality between nurse and patient except as
13    required by law.
14        (26) Practicing under a false or assumed name, except
15    as provided by law.
16        (27) The use of any false, fraudulent, or deceptive
17    statement in any document connected with the licensee's
18    practice.
19        (28) Directly or indirectly giving to or receiving from
20    a person, firm, corporation, partnership, or association a
21    fee, commission, rebate, or other form of compensation for
22    professional services not actually or personally rendered.
23    Nothing in this paragraph (28) affects any bona fide
24    independent contractor or employment arrangements among
25    health care professionals, health facilities, health care
26    providers, or other entities, except as otherwise

 

 

HB3472- 382 -LRB100 05726 SMS 15748 b

1    prohibited by law. Any employment arrangements may include
2    provisions for compensation, health insurance, pension, or
3    other employment benefits for the provision of services
4    within the scope of the licensee's practice under this Act.
5    Nothing in this paragraph (28) shall be construed to
6    require an employment arrangement to receive professional
7    fees for services rendered.
8        (29) A violation of the Health Care Worker
9    Self-Referral Act.
10        (30) Physical illness, including but not limited to
11    deterioration through the aging process or loss of motor
12    skill, mental illness, or disability that results in the
13    inability to practice the profession with reasonable
14    judgment, skill, or safety.
15        (31) Exceeding the terms of a collaborative agreement
16    or the prescriptive authority delegated to a licensee by
17    his or her collaborating physician or podiatric physician
18    in guidelines established under a written collaborative
19    agreement.
20        (32) Making a false or misleading statement regarding a
21    licensee's skill or the efficacy or value of the medicine,
22    treatment, or remedy prescribed by him or her in the course
23    of treatment.
24        (33) Prescribing, selling, administering,
25    distributing, giving, or self-administering a drug
26    classified as a controlled substance (designated product)

 

 

HB3472- 383 -LRB100 05726 SMS 15748 b

1    or narcotic for other than medically accepted therapeutic
2    purposes.
3        (34) Promotion of the sale of drugs, devices,
4    appliances, or goods provided for a patient in a manner to
5    exploit the patient for financial gain.
6        (35) Violating State or federal laws, rules, or
7    regulations relating to controlled substances.
8        (36) Willfully or negligently violating the
9    confidentiality between an advanced practice registered
10    nurse, collaborating physician, dentist, or podiatric
11    physician and a patient, except as required by law.
12        (37) Willfully failing to report an instance of
13    suspected abuse, neglect, financial exploitation, or
14    self-neglect of an eligible adult as defined in and
15    required by the Adult Protective Services Act.
16        (38) Being named as an abuser in a verified report by
17    the Department on Aging and under the Adult Protective
18    Services Act, and upon proof by clear and convincing
19    evidence that the licensee abused, neglected, or
20    financially exploited an eligible adult as defined in the
21    Adult Protective Services Act.
22        (39) (37) A violation of any provision of this Act or
23    any rules adopted promulgated under this Act.
24    (c) The determination by a circuit court that a licensee is
25subject to involuntary admission or judicial admission as
26provided in the Mental Health and Developmental Disabilities

 

 

HB3472- 384 -LRB100 05726 SMS 15748 b

1Code, as amended, operates as an automatic suspension. The
2suspension will end only upon a finding by a court that the
3patient is no longer subject to involuntary admission or
4judicial admission and issues an order so finding and
5discharging the patient; and upon the recommendation of the
6Board to the Secretary that the licensee be allowed to resume
7his or her practice.
8    (d) The Department may refuse to issue or may suspend or
9otherwise discipline the license of any person who fails to
10file a return, or to pay the tax, penalty or interest shown in
11a filed return, or to pay any final assessment of the tax,
12penalty, or interest as required by any tax Act administered by
13the Department of Revenue, until such time as the requirements
14of any such tax Act are satisfied.
15    (e) In enforcing this Act, the Department or Board, upon a
16showing of a possible violation, may compel an individual
17licensed to practice under this Act or who has applied for
18licensure under this Act, to submit to a mental or physical
19examination, or both, as required by and at the expense of the
20Department. The Department or Board may order the examining
21physician to present testimony concerning the mental or
22physical examination of the licensee or applicant. No
23information shall be excluded by reason of any common law or
24statutory privilege relating to communications between the
25licensee or applicant and the examining physician. The
26examining physicians shall be specifically designated by the

 

 

HB3472- 385 -LRB100 05726 SMS 15748 b

1Board or Department. The individual to be examined may have, at
2his or her own expense, another physician of his or her choice
3present during all aspects of this examination. Failure of an
4individual to submit to a mental or physical examination, when
5directed, shall result in an automatic suspension without
6hearing.
7    All substance-related violations shall mandate an
8automatic substance abuse assessment. Failure to submit to an
9assessment by a licensed physician who is certified as an
10addictionist or an advanced practice registered nurse with
11specialty certification in addictions may be grounds for an
12automatic suspension, as defined by rule.
13    If the Department or Board finds an individual unable to
14practice or unfit for duty because of the reasons set forth in
15this subsection (e) Section, the Department or Board may
16require that individual to submit to a substance abuse
17evaluation or treatment by individuals or programs approved or
18designated by the Department or Board, as a condition, term, or
19restriction for continued, restored reinstated, or renewed
20licensure to practice; or, in lieu of evaluation or treatment,
21the Department may file, or the Board may recommend to the
22Department to file, a complaint to immediately suspend, revoke,
23or otherwise discipline the license of the individual. An
24individual whose license was granted, continued, restored
25reinstated, renewed, disciplined or supervised subject to such
26terms, conditions, or restrictions, and who fails to comply

 

 

HB3472- 386 -LRB100 05726 SMS 15748 b

1with such terms, conditions, or restrictions, shall be referred
2to the Secretary for a determination as to whether the
3individual shall have his or her license suspended immediately,
4pending a hearing by the Department.
5    In instances in which the Secretary immediately suspends a
6person's license under this subsection (e) Section, a hearing
7on that person's license must be convened by the Department
8within 15 days after the suspension and completed without
9appreciable delay. The Department and Board shall have the
10authority to review the subject individual's record of
11treatment and counseling regarding the impairment to the extent
12permitted by applicable federal statutes and regulations
13safeguarding the confidentiality of medical records.
14    An individual licensed under this Act and affected under
15this subsection (e) Section shall be afforded an opportunity to
16demonstrate to the Department that he or she can resume
17practice in compliance with nursing standards under the
18provisions of his or her license.
19(Source: P.A. 98-214, eff. 8-9-13.)
 
20    (225 ILCS 65/70-10)   (was 225 ILCS 65/10-50)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 70-10. Intoxication and drug abuse.
23    (a) Any nurse who is an administrator or officer in any
24hospital, nursing home, other health care agency or facility,
25or nurse agency and has knowledge of any action or condition

 

 

HB3472- 387 -LRB100 05726 SMS 15748 b

1which reasonably indicates that a registered professional
2nurse or licensed practical nurse is impaired due to the use of
3alcohol or mood altering drugs to the extent that such
4impairment adversely affects such nurse's professional
5performance, or unlawfully possesses, uses, distributes or
6converts mood altering drugs belonging to the place of
7employment, shall promptly report the individual to the
8Department or designee of the Department; provided however, an
9administrator or officer need not file the report if the nurse
10participates in a course of remedial professional counseling or
11medical treatment for substance abuse, as long as such nurse
12actively pursues such treatment under monitoring by the
13administrator or officer or by the hospital, nursing home,
14health care agency or facility, or nurse agency and the nurse
15continues to be employed by such hospital, nursing home, health
16care agency or facility, or nurse agency. The Department shall
17review all reports received by it in a timely manner. Its
18initial review shall be completed no later than 60 days after
19receipt of the report. Within this 60 day period, the
20Department shall, in writing, make a determination as to
21whether there are sufficient facts to warrant further
22investigation or action. Any nurse participating in mandatory
23reporting to the Department under this Section or in good faith
24assisting another person in making such a report shall have
25immunity from any liability, either criminal or civil, that
26might result by reason of such action.

 

 

HB3472- 388 -LRB100 05726 SMS 15748 b

1    Should the Department find insufficient facts to warrant
2further investigation, or action, the report shall be accepted
3for filing and the matter shall be deemed closed and so
4reported.
5    Should the Department find sufficient facts to warrant
6further investigation, such investigation shall be completed
7within 60 days of the date of the determination of sufficient
8facts to warrant further investigation or action. Final action
9shall be determined no later than 30 days after the completion
10of the investigation. If there is a finding which verifies
11habitual intoxication or drug addiction which adversely
12affects professional performance or the unlawful possession,
13use, distribution or conversion of habit-forming drugs by the
14reported nurse, the Department may refuse to issue or renew or
15may suspend or revoke that nurse's license as a registered
16professional nurse or a licensed practical nurse.
17    Any of the aforementioned actions or a determination that
18there are insufficient facts to warrant further investigation
19or action shall be considered a final action. The nurse
20administrator or officer who filed the original report or
21complaint, and the nurse who is the subject of the report,
22shall be notified in writing by the Department within 15 days
23of any final action taken by the Department.
24    (b) (Blank). Each year on March 1, the Department shall
25submit a report to the General Assembly. The report shall
26include the number of reports made under this Section to the

 

 

HB3472- 389 -LRB100 05726 SMS 15748 b

1Department during the previous year, the number of reports
2reviewed and found insufficient to warrant further
3investigation, the number of reports not completed and the
4reasons for incompletion. This report shall be made available
5also to nurses requesting the report.
6    (c) Any person making a report under this Section or in
7good faith assisting another person in making such a report
8shall have immunity from any liability, either criminal or
9civil, that might result by reason of such action. For the
10purpose of any legal proceeding, criminal or civil, there shall
11be a rebuttable presumption that any person making a report
12under this Section or assisting another person in making such
13report was acting in good faith. All such reports and any
14information disclosed to or collected by the Department
15pursuant to this Section shall remain confidential records of
16the Department and shall not be disclosed nor be subject to any
17law or rule regulation of this State relating to freedom of
18information or public disclosure of records.
19(Source: P.A. 95-639, eff. 10-5-07.)
 
20    (225 ILCS 65/70-20)  (was 225 ILCS 65/20-13)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 70-20. Suspension of license or registration for
23failure to pay restitution. The Department, without further
24process or hearing, shall suspend the license or other
25authorization to practice of any person issued under this Act

 

 

HB3472- 390 -LRB100 05726 SMS 15748 b

1who has been certified by court order as not having paid
2restitution to a person under Section 8A-3.5 of the Illinois
3Public Aid Code or under Section 17-10.5 or 46-1 of the
4Criminal Code of 1961 or the Criminal Code of 2012. A person
5whose license or other authorization to practice is suspended
6under this Section is prohibited from practicing until the
7restitution is made in full.
8(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
9    (225 ILCS 65/70-35)   (was 225 ILCS 65/20-31)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 70-35. Licensure requirements; internet site. The
12Department shall make available to the public the requirements
13for licensure in English and Spanish on the internet through
14the Department's World Wide Web site. This information shall
15include the requirements for licensure of individuals
16currently residing in another state or territory of the United
17States or a foreign country, territory, or province. The
18Department shall establish an e-mail link to the Department for
19information on the requirements for licensure, with replies
20available in English and Spanish.
21(Source: P.A. 95-639, eff. 10-5-07.)
 
22    (225 ILCS 65/70-40)   (was 225 ILCS 65/20-32)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 70-40. Educational resources; internet link. The

 

 

HB3472- 391 -LRB100 05726 SMS 15748 b

1Department may shall work with the Board, the Board of Higher
2Education, the Illinois Student Assistance Commission,
3Statewide organizations, and community-based organizations to
4develop a list of Department-approved nursing programs and
5other educational resources related to the Test of English as a
6Foreign Language and the Commission on Graduates of Foreign
7Nursing Schools Examination. The Department shall provide a
8link to a list of these resources, in English and Spanish, on
9the Department's World Wide Web site.
10(Source: P.A. 95-639, eff. 10-5-07.)
 
11    (225 ILCS 65/70-50)   (was 225 ILCS 65/20-40)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 70-50. Fund.
14    (a) There is hereby created within the State Treasury the
15Nursing Dedicated and Professional Fund. The monies in the Fund
16may be used by and at the direction of the Department for the
17administration and enforcement of this Act, including, but not
18limited to:
19        (1) Distribution and publication of this Act and rules.
20        (2) Employment of secretarial, nursing,
21    administrative, enforcement, and other staff for the
22    administration of this Act.
23    (b) Disposition of fees:
24        (1) $5 of every licensure fee shall be placed in a fund
25    for assistance to nurses enrolled in a diversionary program

 

 

HB3472- 392 -LRB100 05726 SMS 15748 b

1    as approved by the Department.
2        (2) All of the fees, fines, and penalties collected
3    pursuant to this Act shall be deposited in the Nursing
4    Dedicated and Professional Fund.
5        (3) Each fiscal year, the moneys deposited in the
6    Nursing Dedicated and Professional Fund shall be
7    appropriated to the Department for expenses of the
8    Department and the Board in the administration of this Act.
9    All earnings received from investment of moneys in the
10    Nursing Dedicated and Professional Fund shall be deposited
11    in the Nursing Dedicated and Professional Fund and shall be
12    used for the same purposes as fees deposited in the Fund.
13        (4) For the fiscal year beginning July 1, 2009 and for
14    each fiscal year thereafter, $2,000,000 of the moneys
15    deposited in the Nursing Dedicated and Professional Fund
16    each year shall be set aside and appropriated to the
17    Department of Public Health for nursing scholarships
18    awarded pursuant to the Nursing Education Scholarship Law.
19    Representatives of the Department and the Nursing
20    Education Scholarship Program Advisory Council shall
21    review this requirement and the scholarship awards every 2
22    years.
23        (5) Moneys in the Fund may be transferred to the
24    Professions Indirect Cost Fund as authorized under Section
25    2105-300 of the Department of Professional Regulation Law
26    (20 ILCS 2105/2105-300).

 

 

HB3472- 393 -LRB100 05726 SMS 15748 b

1    (c) Moneys set aside for nursing scholarships awarded
2pursuant to the Nursing Education Scholarship Law as provided
3in item (4) of subsection (b) of this Section may not be
4transferred under Section 8h of the State Finance Act.
5(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
696-328, eff. 8-11-09; 96-805, eff. 10-30-09.)
 
7    (225 ILCS 65/70-60)   (was 225 ILCS 65/20-55)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 70-60. Summary suspension; imminent danger. The
10Secretary of the Department may, upon receipt of a written
11communication from the Secretary of Human Services, the
12Director of Healthcare and Family Services (formerly Director
13of Public Aid), or the Director of Public Health that
14continuation of practice of a person licensed under this Act
15constitutes an immediate danger to the public, immediately
16suspend the license of such person without a hearing. In
17instances in which the Secretary immediately suspends a license
18under this Section, a hearing upon such person's license must
19be convened by the Department within 30 days after such
20suspension and completed without appreciable delay, such
21hearing held to determine whether to recommend to the Secretary
22that the person's license be revoked, suspended, placed on
23probationary status or restored reinstated, or such person be
24subject to other disciplinary action. In such hearing, the
25written communication and any other evidence submitted

 

 

HB3472- 394 -LRB100 05726 SMS 15748 b

1therewith may be introduced as evidence against such person;
2provided, however, the person, or his or her counsel, shall
3have the opportunity to discredit or impeach and submit
4evidence rebutting such evidence.
5(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)
 
6    (225 ILCS 65/70-75)   (was 225 ILCS 65/20-75)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 70-75. Injunctive remedies.
9    (a) If any person violates the provision of this Act, the
10Secretary may, in the name of the People of the State of
11Illinois, through the Attorney General of the State of
12Illinois, or the State's Attorney of any county in which the
13action is brought, petition for an order enjoining such
14violation or for an order enforcing compliance with this Act.
15Upon the filing of a verified petition in court, the court may
16issue a temporary restraining order, without notice or bond,
17and may preliminarily and permanently enjoin such violation,
18and if it is established that such person has violated or is
19violating the injunction, the court may punish the offender for
20contempt of court. Proceedings under this Section shall be in
21addition to, and not in lieu of, all other remedies and
22penalties provided by this Act.
23    (b) If any person shall practice as a nurse or hold herself
24or himself out as a nurse without being licensed under the
25provisions of this Act, then any licensed nurse, any interested

 

 

HB3472- 395 -LRB100 05726 SMS 15748 b

1party, or any person injured thereby may, in addition to the
2Secretary, petition for relief as provided in subsection (a) of
3this Section.
4    (b-5) Whoever knowingly practices or offers to practice
5nursing in this State without a license for that purpose shall
6be guilty of a Class A misdemeanor and for each subsequent
7conviction, shall be guilty of a Class 4 felony. All criminal
8fines, monies, or other property collected or received by the
9Department under this Section or any other State or federal
10statute, including, but not limited to, property forfeited to
11the Department under Section 505 of the Illinois Controlled
12Substances Act or Section 85 of the Methamphetamine Control and
13Community Protection Act, shall be deposited into the
14Professional Regulation Evidence Fund.
15    (c) Whenever in the opinion of the Department any person
16violates any provision of this Act, the Department may issue a
17rule to show cause why an order to cease and desist should not
18be entered against him. The rule shall clearly set forth the
19grounds relied upon by the Department and shall provide a
20period of 7 days from the date of the rule to file an answer to
21the satisfaction of the Department. Failure to answer to the
22satisfaction of the Department shall cause an order to cease
23and desist to be issued forthwith.
24(Source: P.A. 94-556, eff. 9-11-05; 95-639, eff. 10-5-07.)
 
25    (225 ILCS 65/70-80)   (was 225 ILCS 65/20-80)

 

 

HB3472- 396 -LRB100 05726 SMS 15748 b

1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 70-80. Investigation; notice; hearing.
3    (a) The Prior to bringing an action before the Board, the
4Department may investigate the actions of any applicant or of
5any person or persons holding or claiming to hold a license
6under this Act.
7    (b) The Department shall, before suspending, revoking,
8placing on probationary status, or taking any other
9disciplinary action as the Department may deem proper with
10regard to any license disciplining a license under this Section
11or refusing to issue a license, at least 30 days prior to the
12date set for the hearing, (i) notify the accused in writing of
13any charges made and the time and place for the a hearing of
14the charges before the Board, (ii) direct her or him to file a
15written answer to the charges thereto to the Board under oath
16within 20 days after the service; of such notice and (iii)
17inform the applicant or licensee that failure if she or he
18fails to file such answer will result in a default being
19entered default will be taken against the applicant or
20licensee. As a result of the default, and such license may be
21suspended, revoked, placed on probationary status, or have
22other disciplinary action, including limiting the scope,
23nature or extent of her or his practice, as the Department may
24deem proper taken with regard thereto. Such written notice may
25be served by personal delivery or certified or registered mail
26to the respondent at the address of her or his last

 

 

HB3472- 397 -LRB100 05726 SMS 15748 b

1notification to the Department.
2    (c) At the time and place fixed in the notice, the
3Department shall proceed to hear the charges and the parties or
4their counsel shall be accorded ample opportunity to present
5any pertinent such statements, testimony, evidence and
6arguments. argument as may be pertinent to the charges or to
7the defense to the charges. The Department may continue a
8hearing from time to time. In case the accused person, after
9receiving notice, fails to file an answer, her or his license
10may in the discretion of the Secretary, having received first
11the recommendation of the Board, be suspended, revoked, placed
12on probationary status, or be subject to whatever disciplinary
13action the Secretary considers proper the Secretary may take
14whatever disciplinary action as he or she may deem proper,
15including limiting the scope, nature, or extent of said
16person's practice or the imposition of a fine, without a
17hearing, if the act or acts charged constitute sufficient
18grounds for such action under this Act.
19    (d) The written notice and any notice in the subsequent
20proceeding may be served by personal delivery or regular or
21certified mail to the respondent at the respondent's address of
22record or by email to the respondent's email address of record.
23    (e) The Secretary has the authority to appoint any attorney
24licensed to practice law in the State of Illinois to serve as
25the hearing officer in any action for refusal to issue,
26restore, or renew a license or to discipline a licensee. The

 

 

HB3472- 398 -LRB100 05726 SMS 15748 b

1hearing officer has full authority to conduct the hearing. The
2Board may have a member or members present at any hearing. The
3Board members shall have equal or greater licensing
4qualifications than those of the licensee being prosecuted.
5(Source: P.A. 95-639, eff. 10-5-07.)
 
6    (225 ILCS 65/70-81 new)
7    Sec. 70-81. Confidentiality. All information collected by
8the Department in the course of an examination or investigation
9of a licensee or applicant, including, but not limited to, any
10complaint against a licensee filed with the Department and
11information collected to investigate any such complaint, shall
12be maintained for the confidential use of the Department and
13shall not be disclosed. The Department may not disclose the
14information to anyone other than law enforcement officials,
15other regulatory agencies that have an appropriate regulatory
16interest as determined by the Secretary of the Department, or a
17party presenting a lawful subpoena to the Department.
18Information and documents disclosed to a federal, State,
19county, or local law enforcement agency shall not be disclosed
20by the agency for any purpose to any other agency or person. A
21formal complaint filed by the Department against a licensee or
22applicant shall be a public record, except as otherwise
23prohibited by law.
 
24    (225 ILCS 65/70-85)   (was 225 ILCS 65/20-85)

 

 

HB3472- 399 -LRB100 05726 SMS 15748 b

1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 70-85. Stenographer; transcript. The Department, at
3its expense, shall provide a stenographer to take down the
4testimony and preserve a record of all formal hearing
5proceedings if a license may be revoked, suspended, or placed
6on probationary status or other disciplinary action may be
7taken at the hearing of any case wherein any disciplinary
8action is taken regarding a license. Any licensee who is found
9to have violated this Act or who fails to appear for a hearing
10to refuse to issue, restore, or renew a license or to
11discipline a license may be required by the Department to pay
12for the costs of the proceeding. These costs are limited to
13costs for court reporters, transcripts, and witness attendance
14and mileage fees. The Secretary may waive payment of costs by a
15licensee in whole or in part where there is an undue financial
16hardship. The notice of hearing, complaint and all other
17documents in the nature of pleadings and written motions filed
18in the proceedings, the transcript of testimony, the report of
19the Board and the orders of the Department shall be the record
20of the proceedings. The Department shall furnish a transcript
21of the record to any person interested in the hearing upon
22payment of the fee required under Section 2105-115 of the
23Department of Professional Regulation Law (20 ILCS
242105/2105-115).
25(Source: P.A. 95-639, eff. 10-5-07.)
 

 

 

HB3472- 400 -LRB100 05726 SMS 15748 b

1    (225 ILCS 65/70-100)   (was 225 ILCS 65/20-100)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 70-100. Hearing; findings and recommendations;
4rehearing Board report.
5    (a) The Board or the hearing officer authorized by the
6Department shall hear evidence in support of the formal charges
7and evidence produced by the licensee. At the conclusion of the
8hearing the Board shall present to the Secretary a written
9report of its findings of fact, conclusions of law, and
10recommendations. The report shall contain a finding whether or
11not the accused person violated this Act or failed to comply
12with the conditions required in this Act. The report shall
13specify the nature of the violation or failure to comply, and
14the Board shall make its recommendations to the Secretary.
15    (b) At the conclusion of the hearing, a copy of the Board's
16or hearing officer's report shall be served upon the applicant
17or licensee by the Department, either personally or as provided
18in this Act for the service of a notice of hearing. Within 20
19calendar days after service, the applicant or licensee may
20present to the Department a motion in writing for a rehearing,
21which shall specify the particular grounds for hearing. The
22Department shall respond to the motion for rehearing within 20
23calendar days after its service on the Department. If no motion
24for rehearing is filed, then upon the expiration of the time
25specified for filing such a motion, or upon denial of a motion
26for rehearing, the Secretary may enter an order in accordance

 

 

HB3472- 401 -LRB100 05726 SMS 15748 b

1with the recommendations of the Board or hearing officer. If
2the applicant or licensee orders from the reporting service and
3pays for a transcript of the record within the time for filing
4a motion for rehearing, the 20-day period within which a motion
5may be filed shall commence upon the delivery of the transcript
6to the applicant or licensee.
7    (c) If the Secretary disagrees in any regard with the
8report of the Board, the Secretary may issue an order contrary
9to the report. The report of findings of fact, conclusions of
10law, and recommendation of the Board shall be the basis for the
11Department's order of refusal or for the granting of a license
12or permit unless the Secretary shall determine that the report
13is contrary to the manifest weight of the evidence, in which
14case the Secretary may issue an order in contravention of the
15report. The findings are not admissible in evidence against the
16person in a criminal prosecution brought for the violation of
17this Act, but the hearing and findings are not a bar to a
18criminal prosecution brought for the violation of this Act.
19    (d) Whenever the Secretary is not satisfied that
20substantial justice has been done, the Secretary may order a
21rehearing by the same or another hearing officer.
22    (e) All proceedings under this Section are matters of
23public record and shall be preserved.
24    (f) Upon the suspension or revocation of a license, the
25licensee shall surrender the license to the Department, and,
26upon failure to do so, the Department shall seize the same.

 

 

HB3472- 402 -LRB100 05726 SMS 15748 b

1(Source: P.A. 95-639, eff. 10-5-07.)
 
2    (225 ILCS 65/70-103 new)
3    Sec. 70-103. Disposition by consent order. At any point in
4any investigation or disciplinary proceeding provided for in
5this Act, both parties may agree to a negotiated consent order.
6The consent order shall be final upon signature of the
7Secretary.
 
8    (225 ILCS 65/70-140)   (was 225 ILCS 65/20-140)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 70-140. Review under Administrative Review Law. All
11final administrative decisions of the Department are hereunder
12shall be subject to judicial review pursuant to the provisions
13revisions of the Administrative Review Law, and all rules
14amendments and modifications thereof, and the rule adopted
15under the Administrative Review Law pursuant thereto. The term
16"administrative decision" is defined as in Section 3-101 of the
17Code of Civil Procedure.
18    Proceedings for judicial review shall be commenced in the
19circuit court of the county in which the party applying for
20review resides; however, if the party is not a resident of this
21State, the venue shall be Sangamon County.
22(Source: P.A. 95-639, eff. 10-5-07.)
 
23    (225 ILCS 65/70-145)   (was 225 ILCS 65/20-145)

 

 

HB3472- 403 -LRB100 05726 SMS 15748 b

1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 70-145. Certification of record. The Department shall
3not be required to certify any record to the court, Court or
4file any answer in court, or otherwise appear in any court in a
5judicial review proceeding, unless and until the Department has
6received from the plaintiff payment of the costs of furnishing
7and certifying the record, which costs shall be determined by
8the Department. Exhibits shall be certified without cost there
9is filed in the court, with the complaint, a receipt from the
10Department acknowledging payment of the costs of furnishing and
11certifying the record. Failure on the part of the plaintiff to
12file such receipt in Court shall be grounds for dismissal of
13the action.
14(Source: P.A. 95-639, eff. 10-5-07.)
 
15    (225 ILCS 65/70-160)   (was 225 ILCS 65/20-160)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 70-160. Illinois Administrative Procedure Act. The
18Illinois Administrative Procedure Act is hereby expressly
19adopted and incorporated herein as if all of the provisions of
20that Act were included in this Act, except that the provision
21of subsection (d) of Section 10-65 of the Illinois
22Administrative Procedure Act that provides that at hearings the
23licensee has the right to show compliance with all lawful
24requirements for retention, continuation or renewal of the
25license is specifically excluded. For the purposes of this Act,

 

 

HB3472- 404 -LRB100 05726 SMS 15748 b

1the notice required under Section 10-25 of the Illinois
2Administrative Procedure Act is deemed sufficient when mailed
3to the address of record last known address of a party.
4(Source: P.A. 95-639, eff. 10-5-07.)
 
5    (225 ILCS 65/Art. 75 heading)
6
ARTICLE 75. ILLINOIS NURSING WORKFORCE CENTER FOR NURSING
7
(Article scheduled to be repealed on January 1, 2018)
8(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
 
9    (225 ILCS 65/75-10)  (was 225 ILCS 65/17-10)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 75-10. Illinois Nursing Workforce Center for Nursing.
12The purpose of There is created the Illinois Nursing Workforce
13Center for Nursing to address issues of supply and demand in
14the nursing profession, including issues of recruitment,
15retention, and utilization of nurse manpower resources. The
16General Assembly finds that the Center will enhance the access
17to and delivery of quality health care services by providing an
18ongoing strategy for the allocation of the State's resources
19directed towards nursing. Each of the following objectives
20shall serve as the primary goals for the Center:
21        (1) To develop a strategic plan for nursing manpower in
22    Illinois by selecting priorities that must be addressed.
23        (2) To convene various groups of representatives of
24    nurses, other health care providers, businesses and

 

 

HB3472- 405 -LRB100 05726 SMS 15748 b

1    industries, consumers, legislators, and educators to:
2            (A) review and comment on data analysis prepared
3        for the Center; and
4            (B) recommend systemic changes, including
5        strategies for implementation of recommended changes. ;
6        and
7            (C) evaluate and report the results of the Advisory
8        Board's efforts to the General Assembly and others.
9        (3) To enhance and promote recognition, reward, and
10    renewal activities for nurses in Illinois by:
11            (A) proposing and creating reward, recognition,
12        and renewal activities for nursing; and
13            (B) promoting media and positive image-building
14        efforts for nursing.
15(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
 
16    (225 ILCS 65/75-15)  (was 225 ILCS 65/17-15)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 75-15. Illinois Center for Nursing Workforce Center
19Advisory Board.
20    (a) There is created the Illinois Center for Nursing
21Workforce Center Advisory Board, which shall consist of 11
22members appointed by the Secretary Governor, with 6 members of
23the Advisory Board being nurses representative of various
24nursing specialty areas. The other 5 members may include
25representatives of associations, health care providers,

 

 

HB3472- 406 -LRB100 05726 SMS 15748 b

1nursing educators, and consumers.
2    (b) The membership of the Advisory Board shall reasonably
3reflect representation from the geographic areas in this State.
4    (c) Members of the Advisory Board appointed by the
5Secretary Governor shall serve for terms of 4 years, with no
6member serving more than 10 successive years, except that,
7initially, 4 members shall be appointed to the Advisory Board
8for terms that expire on June 30, 2009, 4 members shall be
9appointed to the Advisory Board for terms that expire on June
1030, 2008, and 3 members shall be appointed to the Advisory
11Board for terms that expire on June 30, 2007. A member shall
12serve until his or her successor is appointed and has
13qualified. Vacancies shall be filled in the same manner as
14original appointments, and any member so appointed shall serve
15during the remainder of the term for which the vacancy
16occurred.
17    (d) A quorum of the Advisory Board shall consist of a
18majority of Advisory Board members currently serving. A
19majority vote of the quorum is required for Advisory Board
20decisions. A vacancy in the membership of the Advisory Board
21shall not impair the right of a quorum to exercise all of the
22rights and perform all of the duties of the Advisory Board.
23    (e) The Secretary Governor may remove any appointed member
24of the Advisory Board for misconduct, incapacity, or neglect of
25duty and shall be the sole judge of the sufficiency of the
26cause for removal.

 

 

HB3472- 407 -LRB100 05726 SMS 15748 b

1    (f) Members of the Advisory Board are immune from suit in
2any action based upon any activities performed in good faith as
3members of the Advisory Board.
4    (g) Members of the Advisory Board shall not receive
5compensation, but shall be reimbursed for actual traveling,
6incidentals, and expenses necessarily incurred in carrying out
7their duties as members of the Advisory Board, as approved by
8the Department.
9    (h) The Advisory Board shall meet annually to elect a
10chairperson and vice chairperson.
11(Source: P.A. 97-813, eff. 7-13-12; 98-247, eff. 8-9-13.)
 
12    (225 ILCS 65/75-20)  (was 225 ILCS 65/17-20)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 75-20. Powers and duties of the Advisory Board.
15    (a) The Advisory Board shall be advisory to the Department
16and shall possess and perform each of the following powers and
17duties:
18        (1) determine operational policy;
19        (2) (blank); administer grants, scholarships,
20    internships, and other programs, as defined by rule,
21    including the administration of programs, as determined by
22    law, that further those goals set forth in Section 75-10 of
23    this Article, in consultation with other State agencies, as
24    provided by law;
25        (3) establish committees of the Advisory Board as

 

 

HB3472- 408 -LRB100 05726 SMS 15748 b

1    needed;
2        (4) recommend the adoption and, from time to time, the
3    revision of those rules that may be adopted and necessary
4    to carry out the provisions of this Act;
5        (5) implement the major functions of the Center, as
6    established in the goals set forth in Section 75-10 of this
7    Article; and
8        (6) seek and accept non-State funds for carrying out
9    the policy of the Center.
10    (b) The Center shall work in consultation with other State
11agencies as necessary.
12(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
 
13    (225 ILCS 65/80-15)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 80-15. Licensure requirement; exempt activities.
16    (a) On and after January 1, 2015, no person shall practice
17as a medication aide or hold himself or herself out as a
18licensed medication aide in this State unless he or she is
19licensed under this Article.
20    (b) Nothing in this Article shall be construed as
21preventing or restricting the practice, services, or
22activities of:
23        (1) any person licensed in this State by any other law
24    from engaging in the profession or occupation for which he
25    or she is licensed;

 

 

HB3472- 409 -LRB100 05726 SMS 15748 b

1        (2) any person employed as a medication aide by the
2    government of the United States, if such person practices
3    as a medication aide solely under the direction or control
4    of the organization by which he or she is employed; or
5        (3) any person pursuing a course of study leading to a
6    certificate in medication aide at an accredited or approved
7    educational program if such activities and services
8    constitute a part of a supervised course of study and if
9    such person is designated by a title which clearly
10    indicates his or her status as a student or trainee.
11    (c) Nothing in this Article shall be construed to limit the
12delegation of tasks or duties by a physician, dentist, advanced
13practice registered nurse, or podiatric physician as
14authorized by law.
15(Source: P.A. 98-990, eff. 8-18-14.)
 
16    (225 ILCS 65/80-35)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 80-35. Examinations. The Department shall authorize
19examinations of applicants for a license under this Article at
20the times and place as it may designate. The examination shall
21be of a character to give a fair test of the qualifications of
22the applicant to practice as a medication aide.
23    Applicants for examination as a medication aide shall be
24required to pay, either to the Department or the designated
25testing service, a fee covering the cost of providing the

 

 

HB3472- 410 -LRB100 05726 SMS 15748 b

1examination. Failure to appear for the examination on the
2scheduled date, at the time and place specified, after the
3applicant's application for examination has been received and
4acknowledged by the Department or the designated testing
5service, shall result in the forfeiture of the examination fee.
6    If an applicant fails to pass an examination for licensure
7registration under this Act within 3 years after filing his or
8her application, the application shall be denied. The applicant
9may thereafter make a new application accompanied by the
10required fee; however, the applicant shall meet all
11requirements in effect at the time of subsequent application
12before obtaining licensure. The Department may employ
13consultants for the purposes of preparing and conducting
14examinations.
15(Source: P.A. 98-990, eff. 8-18-14.)
 
16    (225 ILCS 65/60-15 rep.)
17    (225 ILCS 65/70-30 rep.)
18    (225 ILCS 65/70-65 rep.)
19    (225 ILCS 65/70-105 rep.)
20    (225 ILCS 65/70-110 rep.)
21    (225 ILCS 65/70-115 rep.)
22    (225 ILCS 65/75-5 rep.)
23    Section 165. The Nurse Practice Act is amended by repealing
24Sections 60-15, 70-30, 70-65, 70-105, 70-110, 70-115, and 75-5.
 

 

 

HB3472- 411 -LRB100 05726 SMS 15748 b

1    Section 170. The Illinois Occupational Therapy Practice
2Act is amended by changing Sections 3.1 and 19 as follows:
 
3    (225 ILCS 75/3.1)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 3.1. Referrals.
6    (a) A licensed occupational therapist or licensed
7occupational therapy assistant may consult with, educate,
8evaluate, and monitor services for individuals, groups, and
9populations concerning occupational therapy needs. Except as
10indicated in subsections (b) and (c) of this Section,
11implementation of direct occupational therapy treatment to
12individuals for their specific health care conditions shall be
13based upon a referral from a licensed physician, dentist,
14podiatric physician, advanced practice registered nurse,
15physician assistant, or optometrist.
16    (b) A referral is not required for the purpose of providing
17consultation, habilitation, screening, education, wellness,
18prevention, environmental assessments, and work-related
19ergonomic services to individuals, groups, or populations.
20    (c) Referral from a physician or other health care provider
21is not required for evaluation or intervention for children and
22youths if an occupational therapist or occupational therapy
23assistant provides services in a school-based or educational
24environment, including the child's home.
25    (d) An occupational therapist shall refer to a licensed

 

 

HB3472- 412 -LRB100 05726 SMS 15748 b

1physician, dentist, optometrist, advanced practice registered
2nurse, physician assistant, or podiatric physician any patient
3whose medical condition should, at the time of evaluation or
4treatment, be determined to be beyond the scope of practice of
5the occupational therapist.
6(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
798-756, eff. 7-16-14; 99-173, eff. 7-29-15.)
 
8    (225 ILCS 75/19)  (from Ch. 111, par. 3719)
9    (Section scheduled to be repealed on January 1, 2024)
10    Sec. 19. Grounds for discipline.
11    (a) The Department may refuse to issue or renew, or may
12revoke, suspend, place on probation, reprimand or take other
13disciplinary or non-disciplinary action as the Department may
14deem proper, including imposing fines not to exceed $10,000 for
15each violation and the assessment of costs as provided under
16Section 19.3 of this Act, with regard to any license for any
17one or combination of the following:
18        (1) Material misstatement in furnishing information to
19    the Department;
20        (2) Violations of this Act, or of the rules promulgated
21    thereunder;
22        (3) Conviction by plea of guilty or nolo contendere,
23    finding of guilt, jury verdict, or entry of judgment or
24    sentencing of any crime, including, but not limited to,
25    convictions, preceding sentences of supervision,

 

 

HB3472- 413 -LRB100 05726 SMS 15748 b

1    conditional discharge, or first offender probation, under
2    the laws of any jurisdiction of the United States that is
3    (i) a felony or (ii) a misdemeanor, an essential element of
4    which is dishonesty, or that is directly related to the
5    practice of the profession;
6        (4) Fraud or any misrepresentation in applying for or
7    procuring a license under this Act, or in connection with
8    applying for renewal of a license under this Act;
9        (5) Professional incompetence;
10        (6) Aiding or assisting another person, firm,
11    partnership or corporation in violating any provision of
12    this Act or rules;
13        (7) Failing, within 60 days, to provide information in
14    response to a written request made by the Department;
15        (8) Engaging in dishonorable, unethical or
16    unprofessional conduct of a character likely to deceive,
17    defraud or harm the public;
18        (9) Habitual or excessive use or abuse of drugs defined
19    in law as controlled substances, alcohol, or any other
20    substance that results in the inability to practice with
21    reasonable judgment, skill, or safety;
22        (10) Discipline by another state, unit of government,
23    government agency, the District of Columbia, a territory,
24    or foreign nation, if at least one of the grounds for the
25    discipline is the same or substantially equivalent to those
26    set forth herein;

 

 

HB3472- 414 -LRB100 05726 SMS 15748 b

1        (11) Directly or indirectly giving to or receiving from
2    any person, firm, corporation, partnership, or association
3    any fee, commission, rebate or other form of compensation
4    for professional services not actually or personally
5    rendered. Nothing in this paragraph (11) affects any bona
6    fide independent contractor or employment arrangements
7    among health care professionals, health facilities, health
8    care providers, or other entities, except as otherwise
9    prohibited by law. Any employment arrangements may include
10    provisions for compensation, health insurance, pension, or
11    other employment benefits for the provision of services
12    within the scope of the licensee's practice under this Act.
13    Nothing in this paragraph (11) shall be construed to
14    require an employment arrangement to receive professional
15    fees for services rendered;
16        (12) A finding by the Department that the license
17    holder, after having his license disciplined, has violated
18    the terms of the discipline;
19        (13) Wilfully making or filing false records or reports
20    in the practice of occupational therapy, including but not
21    limited to false records filed with the State agencies or
22    departments;
23        (14) Physical illness, including but not limited to,
24    deterioration through the aging process, or loss of motor
25    skill which results in the inability to practice under this
26    Act with reasonable judgment, skill, or safety;

 

 

HB3472- 415 -LRB100 05726 SMS 15748 b

1        (15) Solicitation of professional services other than
2    by permitted advertising;
3        (16) Allowing one's license under this Act to be used
4    by an unlicensed person in violation of this Act;
5        (17) Practicing under a false or, except as provided by
6    law, assumed name;
7        (18) Professional incompetence or gross negligence;
8        (19) Malpractice;
9        (20) Promotion of the sale of drugs, devices,
10    appliances, or goods provided for a patient in any manner
11    to exploit the client for financial gain of the licensee;
12        (21) Gross, willful, or continued overcharging for
13    professional services;
14        (22) Mental illness or disability that results in the
15    inability to practice under this Act with reasonable
16    judgment, skill, or safety;
17        (23) Violating the Health Care Worker Self-Referral
18    Act;
19        (24) Having treated patients other than by the practice
20    of occupational therapy as defined in this Act, or having
21    treated patients as a licensed occupational therapist
22    independent of a referral from a physician, advanced
23    practice registered nurse or physician assistant in
24    accordance with Section 3.1, dentist, podiatric physician,
25    or optometrist, or having failed to notify the physician,
26    advanced practice registered nurse, physician assistant,

 

 

HB3472- 416 -LRB100 05726 SMS 15748 b

1    dentist, podiatric physician, or optometrist who
2    established a diagnosis that the patient is receiving
3    occupational therapy pursuant to that diagnosis;
4        (25) Cheating on or attempting to subvert the licensing
5    examination administered under this Act; and
6        (26) Charging for professional services not rendered,
7    including filing false statements for the collection of
8    fees for which services are not rendered.
9    All fines imposed under this Section shall be paid within
1060 days after the effective date of the order imposing the fine
11or in accordance with the terms set forth in the order imposing
12the fine.
13    (b) The determination by a circuit court that a license
14holder is subject to involuntary admission or judicial
15admission as provided in the Mental Health and Developmental
16Disabilities Code, as now or hereafter amended, operates as an
17automatic suspension. Such suspension will end only upon a
18finding by a court that the patient is no longer subject to
19involuntary admission or judicial admission and an order by the
20court so finding and discharging the patient. In any case where
21a license is suspended under this provision, the licensee shall
22file a petition for restoration and shall include evidence
23acceptable to the Department that the licensee can resume
24practice in compliance with acceptable and prevailing
25standards of their profession.
26    (c) The Department may refuse to issue or may suspend

 

 

HB3472- 417 -LRB100 05726 SMS 15748 b

1without hearing, as provided for in the Code of Civil
2Procedure, the license of any person who fails to file a
3return, to pay the tax, penalty, or interest shown in a filed
4return, or to pay any final assessment of tax, penalty, or
5interest as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied in accordance
8with subsection (a) of Section 2105-15 of the Department of
9Professional Regulation Law of the Civil Administrative Code of
10Illinois.
11    (d) In enforcing this Section, the Department, upon a
12showing of a possible violation, may compel any individual who
13is licensed under this Act or any individual who has applied
14for licensure to submit to a mental or physical examination or
15evaluation, or both, which may include a substance abuse or
16sexual offender evaluation, at the expense of the Department.
17The Department shall specifically designate the examining
18physician licensed to practice medicine in all of its branches
19or, if applicable, the multidisciplinary team involved in
20providing the mental or physical examination and evaluation.
21The multidisciplinary team shall be led by a physician licensed
22to practice medicine in all of its branches and may consist of
23one or more or a combination of physicians licensed to practice
24medicine in all of its branches, licensed chiropractic
25physicians, licensed clinical psychologists, licensed clinical
26social workers, licensed clinical professional counselors, and

 

 

HB3472- 418 -LRB100 05726 SMS 15748 b

1other professional and administrative staff. Any examining
2physician or member of the multidisciplinary team may require
3any person ordered to submit to an examination and evaluation
4pursuant to this Section to submit to any additional
5supplemental testing deemed necessary to complete any
6examination or evaluation process, including, but not limited
7to, blood testing, urinalysis, psychological testing, or
8neuropsychological testing.
9    The Department may order the examining physician or any
10member of the multidisciplinary team to provide to the
11Department any and all records, including business records,
12that relate to the examination and evaluation, including any
13supplemental testing performed. The Department may order the
14examining physician or any member of the multidisciplinary team
15to present testimony concerning this examination and
16evaluation of the licensee or applicant, including testimony
17concerning any supplemental testing or documents relating to
18the examination and evaluation. No information, report,
19record, or other documents in any way related to the
20examination and evaluation shall be excluded by reason of any
21common law or statutory privilege relating to communication
22between the licensee or applicant and the examining physician
23or any member of the multidisciplinary team. No authorization
24is necessary from the licensee or applicant ordered to undergo
25an evaluation and examination for the examining physician or
26any member of the multidisciplinary team to provide

 

 

HB3472- 419 -LRB100 05726 SMS 15748 b

1information, reports, records, or other documents or to provide
2any testimony regarding the examination and evaluation. The
3individual to be examined may have, at his or her own expense,
4another physician of his or her choice present during all
5aspects of the examination.
6    Failure of any individual to submit to mental or physical
7examination or evaluation, or both, when directed, shall result
8in an automatic suspension without hearing, until such time as
9the individual submits to the examination. If the Department
10finds a licensee unable to practice because of the reasons set
11forth in this Section, the Department shall require the
12licensee to submit to care, counseling, or treatment by
13physicians approved or designated by the Department as a
14condition for continued, reinstated, or renewed licensure.
15    When the Secretary immediately suspends a license under
16this Section, a hearing upon such person's license must be
17convened by the Department within 15 days after the suspension
18and completed without appreciable delay. The Department shall
19have the authority to review the licensee's record of treatment
20and counseling regarding the impairment to the extent permitted
21by applicable federal statutes and regulations safeguarding
22the confidentiality of medical records.
23    Individuals licensed under this Act that are affected under
24this Section, shall be afforded an opportunity to demonstrate
25to the Department that they can resume practice in compliance
26with acceptable and prevailing standards under the provisions

 

 

HB3472- 420 -LRB100 05726 SMS 15748 b

1of their license.
2    (e) The Department shall deny a license or renewal
3authorized by this Act to a person who has defaulted on an
4educational loan or scholarship provided or guaranteed by the
5Illinois Student Assistance Commission or any governmental
6agency of this State in accordance with paragraph (5) of
7subsection (a) of Section 2105-15 of the Department of
8Professional Regulation Law of the Civil Administrative Code of
9Illinois.
10    (f) In cases where the Department of Healthcare and Family
11Services has previously determined a licensee or a potential
12licensee is more than 30 days delinquent in the payment of
13child support and has subsequently certified the delinquency to
14the Department, the Department may refuse to issue or renew or
15may revoke or suspend that person's license or may take other
16disciplinary action against that person based solely upon the
17certification of delinquency made by the Department of
18Healthcare and Family Services in accordance with paragraph (5)
19of subsection (a) of Section 2105-15 of the Department of
20Professional Regulation Law of the Civil Administrative Code of
21Illinois.
22(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
2398-756, eff. 7-16-14.)
 
24    Section 175. The Orthotics, Prosthetics, and Pedorthics
25Practice Act is amended by changing Sections 15 and 57 as

 

 

HB3472- 421 -LRB100 05726 SMS 15748 b

1follows:
 
2    (225 ILCS 84/15)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 15. Exceptions. This Act shall not be construed to
5prohibit:
6    (1) a physician licensed in this State from engaging in the
7practice for which he or she is licensed;
8    (2) a person licensed in this State under any other Act
9from engaging in the practice for which he or she is licensed;
10    (3) the practice of orthotics, prosthetics, or pedorthics
11by a person who is employed by the federal government or any
12bureau, division, or agency of the federal government while in
13the discharge of the employee's official duties;
14    (4) the practice of orthotics, prosthetics, or pedorthics
15by (i) a student enrolled in a school of orthotics,
16prosthetics, or pedorthics, (ii) a resident continuing his or
17her clinical education in a residency accredited by the
18National Commission on Orthotic and Prosthetic Education, or
19(iii) a student in a qualified work experience program or
20internship in pedorthics;
21    (5) the practice of orthotics, prosthetics, or pedorthics
22by one who is an orthotist, prosthetist, or pedorthist licensed
23under the laws of another state or territory of the United
24States or another country and has applied in writing to the
25Department, in a form and substance satisfactory to the

 

 

HB3472- 422 -LRB100 05726 SMS 15748 b

1Department, for a license as orthotist, prosthetist, or
2pedorthist and who is qualified to receive the license under
3Section 40 until (i) the expiration of 6 months after the
4filing of the written application, (ii) the withdrawal of the
5application, or (iii) the denial of the application by the
6Department;
7    (6) a person licensed by this State as a physical
8therapist, occupational therapist, or advanced practice
9registered nurse from engaging in his or her profession; or
10    (7) a physician licensed under the Podiatric Medical
11Practice Act of 1987 from engaging in his or her profession.
12(Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
13    (225 ILCS 84/57)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 57. Limitation on provision of care and services. A
16licensed orthotist, prosthetist, or pedorthist may provide
17care or services only if the care or services are provided
18pursuant to an order from (i) a licensed physician, (ii) a
19licensed podiatric physician, (iii) a licensed advanced
20practice registered nurse, or (iv) a licensed physician
21assistant. A licensed podiatric physician or advanced practice
22registered nurse collaborating with a podiatric physician may
23only order care or services concerning the foot from a licensed
24prosthetist.
25(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
 

 

 

HB3472- 423 -LRB100 05726 SMS 15748 b

1    Section 180. The Pharmacy Practice Act is amended by
2changing Sections 3, 4, and 16b as follows:
 
3    (225 ILCS 85/3)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 3. Definitions. For the purpose of this Act, except
6where otherwise limited therein:
7    (a) "Pharmacy" or "drugstore" means and includes every
8store, shop, pharmacy department, or other place where
9pharmacist care is provided by a pharmacist (1) where drugs,
10medicines, or poisons are dispensed, sold or offered for sale
11at retail, or displayed for sale at retail; or (2) where
12prescriptions of physicians, dentists, advanced practice
13registered nurses, physician assistants, veterinarians,
14podiatric physicians, or optometrists, within the limits of
15their licenses, are compounded, filled, or dispensed; or (3)
16which has upon it or displayed within it, or affixed to or used
17in connection with it, a sign bearing the word or words
18"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
19"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
20"Drugs", "Dispensary", "Medicines", or any word or words of
21similar or like import, either in the English language or any
22other language; or (4) where the characteristic prescription
23sign (Rx) or similar design is exhibited; or (5) any store, or
24shop, or other place with respect to which any of the above

 

 

HB3472- 424 -LRB100 05726 SMS 15748 b

1words, objects, signs or designs are used in any advertisement.
2    (b) "Drugs" means and includes (1) articles recognized in
3the official United States Pharmacopoeia/National Formulary
4(USP/NF), or any supplement thereto and being intended for and
5having for their main use the diagnosis, cure, mitigation,
6treatment or prevention of disease in man or other animals, as
7approved by the United States Food and Drug Administration, but
8does not include devices or their components, parts, or
9accessories; and (2) all other articles intended for and having
10for their main use the diagnosis, cure, mitigation, treatment
11or prevention of disease in man or other animals, as approved
12by the United States Food and Drug Administration, but does not
13include devices or their components, parts, or accessories; and
14(3) articles (other than food) having for their main use and
15intended to affect the structure or any function of the body of
16man or other animals; and (4) articles having for their main
17use and intended for use as a component or any articles
18specified in clause (1), (2) or (3); but does not include
19devices or their components, parts or accessories.
20    (c) "Medicines" means and includes all drugs intended for
21human or veterinary use approved by the United States Food and
22Drug Administration.
23    (d) "Practice of pharmacy" means (1) the interpretation and
24the provision of assistance in the monitoring, evaluation, and
25implementation of prescription drug orders; (2) the dispensing
26of prescription drug orders; (3) participation in drug and

 

 

HB3472- 425 -LRB100 05726 SMS 15748 b

1device selection; (4) drug administration limited to the
2administration of oral, topical, injectable, and inhalation as
3follows: in the context of patient education on the proper use
4or delivery of medications; vaccination of patients 14 years of
5age and older pursuant to a valid prescription or standing
6order, by a physician licensed to practice medicine in all its
7branches, upon completion of appropriate training, including
8how to address contraindications and adverse reactions set
9forth by rule, with notification to the patient's physician and
10appropriate record retention, or pursuant to hospital pharmacy
11and therapeutics committee policies and procedures; (5)
12vaccination of patients ages 10 through 13 limited to the
13Influenza (inactivated influenza vaccine and live attenuated
14influenza intranasal vaccine) and Tdap (defined as tetanus,
15diphtheria, acellular pertussis) vaccines, pursuant to a valid
16prescription or standing order, by a physician licensed to
17practice medicine in all its branches, upon completion of
18appropriate training, including how to address
19contraindications and adverse reactions set forth by rule, with
20notification to the patient's physician and appropriate record
21retention, or pursuant to hospital pharmacy and therapeutics
22committee policies and procedures; (6) drug regimen review; (7)
23drug or drug-related research; (8) the provision of patient
24counseling; (9) the practice of telepharmacy; (10) the
25provision of those acts or services necessary to provide
26pharmacist care; (11) medication therapy management; and (12)

 

 

HB3472- 426 -LRB100 05726 SMS 15748 b

1the responsibility for compounding and labeling of drugs and
2devices (except labeling by a manufacturer, repackager, or
3distributor of non-prescription drugs and commercially
4packaged legend drugs and devices), proper and safe storage of
5drugs and devices, and maintenance of required records. A
6pharmacist who performs any of the acts defined as the practice
7of pharmacy in this State must be actively licensed as a
8pharmacist under this Act.
9    (e) "Prescription" means and includes any written, oral,
10facsimile, or electronically transmitted order for drugs or
11medical devices, issued by a physician licensed to practice
12medicine in all its branches, dentist, veterinarian, podiatric
13physician, or optometrist, within the limits of their licenses,
14by a physician assistant in accordance with subsection (f) of
15Section 4, or by an advanced practice registered nurse in
16accordance with subsection (g) of Section 4, containing the
17following: (1) name of the patient; (2) date when prescription
18was issued; (3) name and strength of drug or description of the
19medical device prescribed; and (4) quantity; (5) directions for
20use; (6) prescriber's name, address, and signature; and (7) DEA
21number where required, for controlled substances. The
22prescription may, but is not required to, list the illness,
23disease, or condition for which the drug or device is being
24prescribed. DEA numbers shall not be required on inpatient drug
25orders.
26    (f) "Person" means and includes a natural person,

 

 

HB3472- 427 -LRB100 05726 SMS 15748 b

1copartnership, association, corporation, government entity, or
2any other legal entity.
3    (g) "Department" means the Department of Financial and
4Professional Regulation.
5    (h) "Board of Pharmacy" or "Board" means the State Board of
6Pharmacy of the Department of Financial and Professional
7Regulation.
8    (i) "Secretary" means the Secretary of Financial and
9Professional Regulation.
10    (j) "Drug product selection" means the interchange for a
11prescribed pharmaceutical product in accordance with Section
1225 of this Act and Section 3.14 of the Illinois Food, Drug and
13Cosmetic Act.
14    (k) "Inpatient drug order" means an order issued by an
15authorized prescriber for a resident or patient of a facility
16licensed under the Nursing Home Care Act, the ID/DD Community
17Care Act, the MC/DD Act, the Specialized Mental Health
18Rehabilitation Act of 2013, or the Hospital Licensing Act, or
19"An Act in relation to the founding and operation of the
20University of Illinois Hospital and the conduct of University
21of Illinois health care programs", approved July 3, 1931, as
22amended, or a facility which is operated by the Department of
23Human Services (as successor to the Department of Mental Health
24and Developmental Disabilities) or the Department of
25Corrections.
26    (k-5) "Pharmacist" means an individual health care

 

 

HB3472- 428 -LRB100 05726 SMS 15748 b

1professional and provider currently licensed by this State to
2engage in the practice of pharmacy.
3    (l) "Pharmacist in charge" means the licensed pharmacist
4whose name appears on a pharmacy license and who is responsible
5for all aspects of the operation related to the practice of
6pharmacy.
7    (m) "Dispense" or "dispensing" means the interpretation,
8evaluation, and implementation of a prescription drug order,
9including the preparation and delivery of a drug or device to a
10patient or patient's agent in a suitable container
11appropriately labeled for subsequent administration to or use
12by a patient in accordance with applicable State and federal
13laws and regulations. "Dispense" or "dispensing" does not mean
14the physical delivery to a patient or a patient's
15representative in a home or institution by a designee of a
16pharmacist or by common carrier. "Dispense" or "dispensing"
17also does not mean the physical delivery of a drug or medical
18device to a patient or patient's representative by a
19pharmacist's designee within a pharmacy or drugstore while the
20pharmacist is on duty and the pharmacy is open.
21    (n) "Nonresident pharmacy" means a pharmacy that is located
22in a state, commonwealth, or territory of the United States,
23other than Illinois, that delivers, dispenses, or distributes,
24through the United States Postal Service, commercially
25acceptable parcel delivery service, or other common carrier, to
26Illinois residents, any substance which requires a

 

 

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1prescription.
2    (o) "Compounding" means the preparation and mixing of
3components, excluding flavorings, (1) as the result of a
4prescriber's prescription drug order or initiative based on the
5prescriber-patient-pharmacist relationship in the course of
6professional practice or (2) for the purpose of, or incident
7to, research, teaching, or chemical analysis and not for sale
8or dispensing. "Compounding" includes the preparation of drugs
9or devices in anticipation of receiving prescription drug
10orders based on routine, regularly observed dispensing
11patterns. Commercially available products may be compounded
12for dispensing to individual patients only if all of the
13following conditions are met: (i) the commercial product is not
14reasonably available from normal distribution channels in a
15timely manner to meet the patient's needs and (ii) the
16prescribing practitioner has requested that the drug be
17compounded.
18    (p) (Blank).
19    (q) (Blank).
20    (r) "Patient counseling" means the communication between a
21pharmacist or a student pharmacist under the supervision of a
22pharmacist and a patient or the patient's representative about
23the patient's medication or device for the purpose of
24optimizing proper use of prescription medications or devices.
25"Patient counseling" may include without limitation (1)
26obtaining a medication history; (2) acquiring a patient's

 

 

HB3472- 430 -LRB100 05726 SMS 15748 b

1allergies and health conditions; (3) facilitation of the
2patient's understanding of the intended use of the medication;
3(4) proper directions for use; (5) significant potential
4adverse events; (6) potential food-drug interactions; and (7)
5the need to be compliant with the medication therapy. A
6pharmacy technician may only participate in the following
7aspects of patient counseling under the supervision of a
8pharmacist: (1) obtaining medication history; (2) providing
9the offer for counseling by a pharmacist or student pharmacist;
10and (3) acquiring a patient's allergies and health conditions.
11    (s) "Patient profiles" or "patient drug therapy record"
12means the obtaining, recording, and maintenance of patient
13prescription information, including prescriptions for
14controlled substances, and personal information.
15    (t) (Blank).
16    (u) "Medical device" means an instrument, apparatus,
17implement, machine, contrivance, implant, in vitro reagent, or
18other similar or related article, including any component part
19or accessory, required under federal law to bear the label
20"Caution: Federal law requires dispensing by or on the order of
21a physician". A seller of goods and services who, only for the
22purpose of retail sales, compounds, sells, rents, or leases
23medical devices shall not, by reasons thereof, be required to
24be a licensed pharmacy.
25    (v) "Unique identifier" means an electronic signature,
26handwritten signature or initials, thumb print, or other

 

 

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1acceptable biometric or electronic identification process as
2approved by the Department.
3    (w) "Current usual and customary retail price" means the
4price that a pharmacy charges to a non-third-party payor.
5    (x) "Automated pharmacy system" means a mechanical system
6located within the confines of the pharmacy or remote location
7that performs operations or activities, other than compounding
8or administration, relative to storage, packaging, dispensing,
9or distribution of medication, and which collects, controls,
10and maintains all transaction information.
11    (y) "Drug regimen review" means and includes the evaluation
12of prescription drug orders and patient records for (1) known
13allergies; (2) drug or potential therapy contraindications;
14(3) reasonable dose, duration of use, and route of
15administration, taking into consideration factors such as age,
16gender, and contraindications; (4) reasonable directions for
17use; (5) potential or actual adverse drug reactions; (6)
18drug-drug interactions; (7) drug-food interactions; (8)
19drug-disease contraindications; (9) therapeutic duplication;
20(10) patient laboratory values when authorized and available;
21(11) proper utilization (including over or under utilization)
22and optimum therapeutic outcomes; and (12) abuse and misuse.
23    (z) "Electronic transmission prescription" means any
24prescription order for which a facsimile or electronic image of
25the order is electronically transmitted from a licensed
26prescriber to a pharmacy. "Electronic transmission

 

 

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1prescription" includes both data and image prescriptions.
2    (aa) "Medication therapy management services" means a
3distinct service or group of services offered by licensed
4pharmacists, physicians licensed to practice medicine in all
5its branches, advanced practice registered nurses authorized
6in a written agreement with a physician licensed to practice
7medicine in all its branches, or physician assistants
8authorized in guidelines by a supervising physician that
9optimize therapeutic outcomes for individual patients through
10improved medication use. In a retail or other non-hospital
11pharmacy, medication therapy management services shall consist
12of the evaluation of prescription drug orders and patient
13medication records to resolve conflicts with the following:
14        (1) known allergies;
15        (2) drug or potential therapy contraindications;
16        (3) reasonable dose, duration of use, and route of
17    administration, taking into consideration factors such as
18    age, gender, and contraindications;
19        (4) reasonable directions for use;
20        (5) potential or actual adverse drug reactions;
21        (6) drug-drug interactions;
22        (7) drug-food interactions;
23        (8) drug-disease contraindications;
24        (9) identification of therapeutic duplication;
25        (10) patient laboratory values when authorized and
26    available;

 

 

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1        (11) proper utilization (including over or under
2    utilization) and optimum therapeutic outcomes; and
3        (12) drug abuse and misuse.
4    "Medication therapy management services" includes the
5following:
6        (1) documenting the services delivered and
7    communicating the information provided to patients'
8    prescribers within an appropriate time frame, not to exceed
9    48 hours;
10        (2) providing patient counseling designed to enhance a
11    patient's understanding and the appropriate use of his or
12    her medications; and
13        (3) providing information, support services, and
14    resources designed to enhance a patient's adherence with
15    his or her prescribed therapeutic regimens.
16    "Medication therapy management services" may also include
17patient care functions authorized by a physician licensed to
18practice medicine in all its branches for his or her identified
19patient or groups of patients under specified conditions or
20limitations in a standing order from the physician.
21    "Medication therapy management services" in a licensed
22hospital may also include the following:
23        (1) reviewing assessments of the patient's health
24    status; and
25        (2) following protocols of a hospital pharmacy and
26    therapeutics committee with respect to the fulfillment of

 

 

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1    medication orders.
2    (bb) "Pharmacist care" means the provision by a pharmacist
3of medication therapy management services, with or without the
4dispensing of drugs or devices, intended to achieve outcomes
5that improve patient health, quality of life, and comfort and
6enhance patient safety.
7    (cc) "Protected health information" means individually
8identifiable health information that, except as otherwise
9provided, is:
10        (1) transmitted by electronic media;
11        (2) maintained in any medium set forth in the
12    definition of "electronic media" in the federal Health
13    Insurance Portability and Accountability Act; or
14        (3) transmitted or maintained in any other form or
15    medium.
16    "Protected health information" does not include
17individually identifiable health information found in:
18        (1) education records covered by the federal Family
19    Educational Right and Privacy Act; or
20        (2) employment records held by a licensee in its role
21    as an employer.
22    (dd) "Standing order" means a specific order for a patient
23or group of patients issued by a physician licensed to practice
24medicine in all its branches in Illinois.
25    (ee) "Address of record" means the address recorded by the
26Department in the applicant's or licensee's application file or

 

 

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1license file, as maintained by the Department's licensure
2maintenance unit.
3    (ff) "Home pharmacy" means the location of a pharmacy's
4primary operations.
5(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
698-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
 
7    (225 ILCS 85/4)  (from Ch. 111, par. 4124)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 4. Exemptions. Nothing contained in any Section of
10this Act shall apply to, or in any manner interfere with:
11    (a) the lawful practice of any physician licensed to
12practice medicine in all of its branches, dentist, podiatric
13physician, veterinarian, or therapeutically or diagnostically
14certified optometrist within the limits of his or her license,
15or prevent him or her from supplying to his or her bona fide
16patients such drugs, medicines, or poisons as may seem to him
17appropriate;
18    (b) the sale of compressed gases;
19    (c) the sale of patent or proprietary medicines and
20household remedies when sold in original and unbroken packages
21only, if such patent or proprietary medicines and household
22remedies be properly and adequately labeled as to content and
23usage and generally considered and accepted as harmless and
24nonpoisonous when used according to the directions on the
25label, and also do not contain opium or coca leaves, or any

 

 

HB3472- 436 -LRB100 05726 SMS 15748 b

1compound, salt or derivative thereof, or any drug which,
2according to the latest editions of the following authoritative
3pharmaceutical treatises and standards, namely, The United
4States Pharmacopoeia/National Formulary (USP/NF), the United
5States Dispensatory, and the Accepted Dental Remedies of the
6Council of Dental Therapeutics of the American Dental
7Association or any or either of them, in use on the effective
8date of this Act, or according to the existing provisions of
9the Federal Food, Drug, and Cosmetic Act and Regulations of the
10Department of Health and Human Services, Food and Drug
11Administration, promulgated thereunder now in effect, is
12designated, described or considered as a narcotic, hypnotic,
13habit forming, dangerous, or poisonous drug;
14    (d) the sale of poultry and livestock remedies in original
15and unbroken packages only, labeled for poultry and livestock
16medication;
17    (e) the sale of poisonous substances or mixture of
18poisonous substances, in unbroken packages, for nonmedicinal
19use in the arts or industries or for insecticide purposes;
20provided, they are properly and adequately labeled as to
21content and such nonmedicinal usage, in conformity with the
22provisions of all applicable federal, state and local laws and
23regulations promulgated thereunder now in effect relating
24thereto and governing the same, and those which are required
25under such applicable laws and regulations to be labeled with
26the word "Poison", are also labeled with the word "Poison"

 

 

HB3472- 437 -LRB100 05726 SMS 15748 b

1printed thereon in prominent type and the name of a readily
2obtainable antidote with directions for its administration;
3    (f) the delegation of limited prescriptive authority by a
4physician licensed to practice medicine in all its branches to
5a physician assistant under Section 7.5 of the Physician
6Assistant Practice Act of 1987. This delegated authority under
7Section 7.5 of the Physician Assistant Practice Act of 1987
8may, but is not required to, include prescription of controlled
9substances, as defined in Article II of the Illinois Controlled
10Substances Act, in accordance with a written supervision
11agreement; and
12    (g) the delegation of prescriptive authority by a physician
13licensed to practice medicine in all its branches or a licensed
14podiatric physician to an advanced practice registered nurse in
15accordance with a written collaborative agreement under
16Sections 65-35 and 65-40 of the Nurse Practice Act.
17(Source: P.A. 98-214, eff. 8-9-13.)
 
18    (225 ILCS 85/16b)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 16b. Prescription pick up and drop off. Nothing
21contained in this Act shall prohibit a pharmacist or pharmacy,
22by means of its employee or by use of a common carrier or the
23U.S. mail, at the request of the patient, from picking up
24prescription orders from the prescriber or delivering
25prescription drugs to the patient or the patient's agent,

 

 

HB3472- 438 -LRB100 05726 SMS 15748 b

1including an advanced practice registered nurse, practical
2nurse, or registered nurse licensed under the Nurse Practice
3Act, or a physician assistant licensed under the Physician
4Assistant Practice Act of 1987, who provides hospice services
5to a hospice patient or who provides home health services to a
6person, at the residence or place of employment of the person
7for whom the prescription was issued or at the hospital or
8medical care facility in which the patient is confined.
9Conversely, the patient or patient's agent may drop off
10prescriptions at a designated area. In this Section, "home
11health services" has the meaning ascribed to it in the Home
12Health, Home Services, and Home Nursing Agency Licensing Act;
13and "hospice patient" and "hospice services" have the meanings
14ascribed to them in the Hospice Program Licensing Act.
15(Source: P.A. 99-163, eff. 1-1-16.)
 
16    Section 185. The Illinois Physical Therapy Act is amended
17by changing Sections 1 and 17 as follows:
 
18    (225 ILCS 90/1)  (from Ch. 111, par. 4251)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 1. Definitions. As used in this Act:
21    (1) "Physical therapy" means all of the following:
22        (A) Examining, evaluating, and testing individuals who
23    may have mechanical, physiological, or developmental
24    impairments, functional limitations, disabilities, or

 

 

HB3472- 439 -LRB100 05726 SMS 15748 b

1    other health and movement-related conditions, classifying
2    these disorders, determining a rehabilitation prognosis
3    and plan of therapeutic intervention, and assessing the
4    on-going effects of the interventions.
5        (B) Alleviating impairments, functional limitations,
6    or disabilities by designing, implementing, and modifying
7    therapeutic interventions that may include, but are not
8    limited to, the evaluation or treatment of a person through
9    the use of the effective properties of physical measures
10    and heat, cold, light, water, radiant energy, electricity,
11    sound, and air and use of therapeutic massage, therapeutic
12    exercise, mobilization, and rehabilitative procedures,
13    with or without assistive devices, for the purposes of
14    preventing, correcting, or alleviating a physical or
15    mental impairment, functional limitation, or disability.
16        (C) Reducing the risk of injury, impairment,
17    functional limitation, or disability, including the
18    promotion and maintenance of fitness, health, and
19    wellness.
20        (D) Engaging in administration, consultation,
21    education, and research.
22    "Physical therapy" includes, but is not limited to: (a)
23performance of specialized tests and measurements, (b)
24administration of specialized treatment procedures, (c)
25interpretation of referrals from physicians, dentists,
26advanced practice registered nurses, physician assistants, and

 

 

HB3472- 440 -LRB100 05726 SMS 15748 b

1podiatric physicians, (d) establishment, and modification of
2physical therapy treatment programs, (e) administration of
3topical medication used in generally accepted physical therapy
4procedures when such medication is either prescribed by the
5patient's physician, licensed to practice medicine in all its
6branches, the patient's physician licensed to practice
7podiatric medicine, the patient's advanced practice registered
8nurse, the patient's physician assistant, or the patient's
9dentist or used following the physician's orders or written
10instructions, and (f) supervision or teaching of physical
11therapy. Physical therapy does not include radiology,
12electrosurgery, chiropractic technique or determination of a
13differential diagnosis; provided, however, the limitation on
14determining a differential diagnosis shall not in any manner
15limit a physical therapist licensed under this Act from
16performing an evaluation pursuant to such license. Nothing in
17this Section shall limit a physical therapist from employing
18appropriate physical therapy techniques that he or she is
19educated and licensed to perform. A physical therapist shall
20refer to a licensed physician, advanced practice registered
21nurse, physician assistant, dentist, podiatric physician,
22other physical therapist, or other health care provider any
23patient whose medical condition should, at the time of
24evaluation or treatment, be determined to be beyond the scope
25of practice of the physical therapist.
26    (2) "Physical therapist" means a person who practices

 

 

HB3472- 441 -LRB100 05726 SMS 15748 b

1physical therapy and who has met all requirements as provided
2in this Act.
3    (3) "Department" means the Department of Professional
4Regulation.
5    (4) "Director" means the Director of Professional
6Regulation.
7    (5) "Board" means the Physical Therapy Licensing and
8Disciplinary Board approved by the Director.
9    (6) "Referral" means a written or oral authorization for
10physical therapy services for a patient by a physician,
11dentist, advanced practice registered nurse, physician
12assistant, or podiatric physician who maintains medical
13supervision of the patient and makes a diagnosis or verifies
14that the patient's condition is such that it may be treated by
15a physical therapist.
16    (7) "Documented current and relevant diagnosis" for the
17purpose of this Act means a diagnosis, substantiated by
18signature or oral verification of a physician, dentist,
19advanced practice registered nurse, physician assistant, or
20podiatric physician, that a patient's condition is such that it
21may be treated by physical therapy as defined in this Act,
22which diagnosis shall remain in effect until changed by the
23physician, dentist, advanced practice registered nurse,
24physician assistant, or podiatric physician.
25    (8) "State" includes:
26        (a) the states of the United States of America;

 

 

HB3472- 442 -LRB100 05726 SMS 15748 b

1        (b) the District of Columbia; and
2        (c) the Commonwealth of Puerto Rico.
3    (9) "Physical therapist assistant" means a person licensed
4to assist a physical therapist and who has met all requirements
5as provided in this Act and who works under the supervision of
6a licensed physical therapist to assist in implementing the
7physical therapy treatment program as established by the
8licensed physical therapist. The patient care activities
9provided by the physical therapist assistant shall not include
10the interpretation of referrals, evaluation procedures, or the
11planning or major modification of patient programs.
12    (10) "Physical therapy aide" means a person who has
13received on the job training, specific to the facility in which
14he is employed.
15    (11) "Advanced practice registered nurse" means a person
16licensed as an advanced practice registered nurse under the
17Nurse Practice Act.
18    (12) "Physician assistant" means a person licensed under
19the Physician Assistant Practice Act of 1987.
20(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
2199-229, eff. 8-3-15; 99-642, eff. 7-28-16; revised 10-27-16.)
 
22    (225 ILCS 90/17)  (from Ch. 111, par. 4267)
23    (Section scheduled to be repealed on January 1, 2026)
24    Sec. 17. (1) The Department may refuse to issue or to
25renew, or may revoke, suspend, place on probation, reprimand,

 

 

HB3472- 443 -LRB100 05726 SMS 15748 b

1or take other disciplinary action as the Department deems
2appropriate, including the issuance of fines not to exceed
3$5000, with regard to a license for any one or a combination of
4the following:
5        A. Material misstatement in furnishing information to
6    the Department or otherwise making misleading, deceptive,
7    untrue, or fraudulent representations in violation of this
8    Act or otherwise in the practice of the profession;
9        B. Violations of this Act, or of the rules or
10    regulations promulgated hereunder;
11        C. Conviction of any crime under the laws of the United
12    States or any state or territory thereof which is a felony
13    or which is a misdemeanor, an essential element of which is
14    dishonesty, or of any crime which is directly related to
15    the practice of the profession; conviction, as used in this
16    paragraph, shall include a finding or verdict of guilty, an
17    admission of guilt or a plea of nolo contendere;
18        D. Making any misrepresentation for the purpose of
19    obtaining licenses, or violating any provision of this Act
20    or the rules promulgated thereunder pertaining to
21    advertising;
22        E. A pattern of practice or other behavior which
23    demonstrates incapacity or incompetency to practice under
24    this Act;
25        F. Aiding or assisting another person in violating any
26    provision of this Act or Rules;

 

 

HB3472- 444 -LRB100 05726 SMS 15748 b

1        G. Failing, within 60 days, to provide information in
2    response to a written request made by the Department;
3        H. Engaging in dishonorable, unethical or
4    unprofessional conduct of a character likely to deceive,
5    defraud or harm the public. Unprofessional conduct shall
6    include any departure from or the failure to conform to the
7    minimal standards of acceptable and prevailing physical
8    therapy practice, in which proceeding actual injury to a
9    patient need not be established;
10        I. Unlawful distribution of any drug or narcotic, or
11    unlawful conversion of any drug or narcotic not belonging
12    to the person for such person's own use or benefit or for
13    other than medically accepted therapeutic purposes;
14        J. Habitual or excessive use or addiction to alcohol,
15    narcotics, stimulants, or any other chemical agent or drug
16    which results in a physical therapist's or physical
17    therapist assistant's inability to practice with
18    reasonable judgment, skill or safety;
19        K. Revocation or suspension of a license to practice
20    physical therapy as a physical therapist or physical
21    therapist assistant or the taking of other disciplinary
22    action by the proper licensing authority of another state,
23    territory or country;
24        L. Directly or indirectly giving to or receiving from
25    any person, firm, corporation, partnership, or association
26    any fee, commission, rebate or other form of compensation

 

 

HB3472- 445 -LRB100 05726 SMS 15748 b

1    for any professional services not actually or personally
2    rendered. Nothing contained in this paragraph prohibits
3    persons holding valid and current licenses under this Act
4    from practicing physical therapy in partnership under a
5    partnership agreement, including a limited liability
6    partnership, a limited liability company, or a corporation
7    under the Professional Service Corporation Act or from
8    pooling, sharing, dividing, or apportioning the fees and
9    monies received by them or by the partnership, company, or
10    corporation in accordance with the partnership agreement
11    or the policies of the company or professional corporation.
12    Nothing in this paragraph (L) affects any bona fide
13    independent contractor or employment arrangements among
14    health care professionals, health facilities, health care
15    providers, or other entities, except as otherwise
16    prohibited by law. Any employment arrangements may include
17    provisions for compensation, health insurance, pension, or
18    other employment benefits for the provision of services
19    within the scope of the licensee's practice under this Act.
20    Nothing in this paragraph (L) shall be construed to require
21    an employment arrangement to receive professional fees for
22    services rendered;
23        M. A finding by the Board that the licensee after
24    having his or her license placed on probationary status has
25    violated the terms of probation;
26        N. Abandonment of a patient;

 

 

HB3472- 446 -LRB100 05726 SMS 15748 b

1        O. Willfully failing to report an instance of suspected
2    child abuse or neglect as required by the Abused and
3    Neglected Child Reporting Act;
4        P. Willfully failing to report an instance of suspected
5    elder abuse or neglect as required by the Elder Abuse
6    Reporting Act;
7        Q. Physical illness, including but not limited to,
8    deterioration through the aging process, or loss of motor
9    skill which results in the inability to practice the
10    profession with reasonable judgement, skill or safety;
11        R. The use of any words (such as physical therapy,
12    physical therapist physiotherapy or physiotherapist),
13    abbreviations, figures or letters with the intention of
14    indicating practice as a licensed physical therapist
15    without a valid license as a physical therapist issued
16    under this Act;
17        S. The use of the term physical therapist assistant, or
18    abbreviations, figures, or letters with the intention of
19    indicating practice as a physical therapist assistant
20    without a valid license as a physical therapist assistant
21    issued under this Act;
22        T. Willfully violating or knowingly assisting in the
23    violation of any law of this State relating to the practice
24    of abortion;
25        U. Continued practice by a person knowingly having an
26    infectious, communicable or contagious disease;

 

 

HB3472- 447 -LRB100 05726 SMS 15748 b

1        V. Having treated ailments of human beings otherwise
2    than by the practice of physical therapy as defined in this
3    Act, or having treated ailments of human beings as a
4    licensed physical therapist independent of a documented
5    referral or a documented current and relevant diagnosis
6    from a physician, dentist, advanced practice registered
7    nurse, physician assistant, or podiatric physician, or
8    having failed to notify the physician, dentist, advanced
9    practice registered nurse, physician assistant, or
10    podiatric physician who established a documented current
11    and relevant diagnosis that the patient is receiving
12    physical therapy pursuant to that diagnosis;
13        W. Being named as a perpetrator in an indicated report
14    by the Department of Children and Family Services pursuant
15    to the Abused and Neglected Child Reporting Act, and upon
16    proof by clear and convincing evidence that the licensee
17    has caused a child to be an abused child or neglected child
18    as defined in the Abused and Neglected Child Reporting Act;
19        X. Interpretation of referrals, performance of
20    evaluation procedures, planning or making major
21    modifications of patient programs by a physical therapist
22    assistant;
23        Y. Failure by a physical therapist assistant and
24    supervising physical therapist to maintain continued
25    contact, including periodic personal supervision and
26    instruction, to insure safety and welfare of patients;

 

 

HB3472- 448 -LRB100 05726 SMS 15748 b

1        Z. Violation of the Health Care Worker Self-Referral
2    Act.
3    (2) The determination by a circuit court that a licensee is
4subject to involuntary admission or judicial admission as
5provided in the Mental Health and Developmental Disabilities
6Code operates as an automatic suspension. Such suspension will
7end only upon a finding by a court that the patient is no
8longer subject to involuntary admission or judicial admission
9and the issuance of an order so finding and discharging the
10patient; and upon the recommendation of the Board to the
11Director that the licensee be allowed to resume his practice.
12    (3) The Department may refuse to issue or may suspend the
13license of any person who fails to file a return, or to pay the
14tax, penalty or interest shown in a filed return, or to pay any
15final assessment of tax, penalty or interest, as required by
16any tax Act administered by the Illinois Department of Revenue,
17until such time as the requirements of any such tax Act are
18satisfied.
19(Source: P.A. 98-214, eff. 8-9-13.)
 
20    Section 190. The Podiatric Medical Practice Act of 1987 is
21amended by changing Section 20.5 as follows:
 
22    (225 ILCS 100/20.5)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 20.5. Delegation of authority to advanced practice

 

 

HB3472- 449 -LRB100 05726 SMS 15748 b

1registered nurses.
2    (a) A podiatric physician in active clinical practice may
3collaborate with an advanced practice registered nurse in
4accordance with the requirements of the Nurse Practice Act.
5Collaboration shall be for the purpose of providing podiatric
6care and no employment relationship shall be required. A
7written collaborative agreement shall conform to the
8requirements of Section 65-35 of the Nurse Practice Act. A
9written collaborative agreement and podiatric physician
10collaboration and consultation shall be adequate with respect
11to advanced practice registered nurses if all of the following
12apply:
13        (1) With respect to the provision of anesthesia
14    services by a certified registered nurse anesthetist, the
15    collaborating podiatric physician must have training and
16    experience in the delivery of anesthesia consistent with
17    Department rules.
18        (2) Methods of communication are available with the
19    collaborating podiatric physician in person or through
20    telecommunications or electronic communications for
21    consultation, collaboration, and referral as needed to
22    address patient care needs.
23        (3) With respect to the provision of anesthesia
24    services by a certified registered nurse anesthetist, an
25    anesthesiologist, physician, or podiatric physician shall
26    participate through discussion of and agreement with the

 

 

HB3472- 450 -LRB100 05726 SMS 15748 b

1    anesthesia plan and shall remain physically present and be
2    available on the premises during the delivery of anesthesia
3    services for diagnosis, consultation, and treatment of
4    emergency medical conditions. The anesthesiologist or
5    operating podiatric physician must agree with the
6    anesthesia plan prior to the delivery of services.
7    (b) The collaborating podiatric physician shall have
8access to the records of all patients attended to by an
9advanced practice registered nurse.
10    (c) Nothing in this Section shall be construed to limit the
11delegation of tasks or duties by a podiatric physician to a
12licensed practical nurse, a registered professional nurse, or
13other appropriately trained persons.
14    (d) A podiatric physician shall not be liable for the acts
15or omissions of an advanced practice registered nurse solely on
16the basis of having signed guidelines or a collaborative
17agreement, an order, a standing order, a standing delegation
18order, or other order or guideline authorizing an advanced
19practice registered nurse to perform acts, unless the podiatric
20physician has reason to believe the advanced practice
21registered nurse lacked the competency to perform the act or
22acts or commits willful or wanton misconduct.
23    (e) A podiatric physician, may, but is not required to
24delegate prescriptive authority to an advanced practice
25registered nurse as part of a written collaborative agreement
26and the delegation of prescriptive authority shall conform to

 

 

HB3472- 451 -LRB100 05726 SMS 15748 b

1the requirements of Section 65-40 of the Nurse Practice Act.
2(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
 
3    Section 195. The Respiratory Care Practice Act is amended
4by changing Sections 10 and 15 as follows:
 
5    (225 ILCS 106/10)
6    (Section scheduled to be repealed on January 1, 2026)
7    Sec. 10. Definitions. In this Act:
8    "Address of record" means the designated address recorded
9by the Department in the applicant's or licensee's application
10file or license file as maintained by the Department's
11licensure maintenance unit. It is the duty of the applicant or
12licensee to inform the Department of any change of address and
13those changes must be made either through the Department's
14website or by contacting the Department.
15    "Advanced practice registered nurse" means an advanced
16practice registered nurse licensed under the Nurse Practice
17Act.
18    "Board" means the Respiratory Care Board appointed by the
19Secretary.
20    "Basic respiratory care activities" means and includes all
21of the following activities:
22        (1) Cleaning, disinfecting, and sterilizing equipment
23    used in the practice of respiratory care as delegated by a
24    licensed health care professional or other authorized

 

 

HB3472- 452 -LRB100 05726 SMS 15748 b

1    licensed personnel.
2        (2) Assembling equipment used in the practice of
3    respiratory care as delegated by a licensed health care
4    professional or other authorized licensed personnel.
5        (3) Collecting and reviewing patient data through
6    non-invasive means, provided that the collection and
7    review does not include the individual's interpretation of
8    the clinical significance of the data. Collecting and
9    reviewing patient data includes the performance of pulse
10    oximetry and non-invasive monitoring procedures in order
11    to obtain vital signs and notification to licensed health
12    care professionals and other authorized licensed personnel
13    in a timely manner.
14        (4) Maintaining a nasal cannula or face mask for oxygen
15    therapy in the proper position on the patient's face.
16        (5) Assembling a nasal cannula or face mask for oxygen
17    therapy at patient bedside in preparation for use.
18        (6) Maintaining a patient's natural airway by
19    physically manipulating the jaw and neck, suctioning the
20    oral cavity, or suctioning the mouth or nose with a bulb
21    syringe.
22        (7) Performing assisted ventilation during emergency
23    resuscitation using a manual resuscitator.
24        (8) Using a manual resuscitator at the direction of a
25    licensed health care professional or other authorized
26    licensed personnel who is present and performing routine

 

 

HB3472- 453 -LRB100 05726 SMS 15748 b

1    airway suctioning. These activities do not include care of
2    a patient's artificial airway or the adjustment of
3    mechanical ventilator settings while a patient is
4    connected to the ventilator.
5    "Basic respiratory care activities" does not mean
6activities that involve any of the following:
7        (1) Specialized knowledge that results from a course of
8    education or training in respiratory care.
9        (2) An unreasonable risk of a negative outcome for the
10    patient.
11        (3) The assessment or making of a decision concerning
12    patient care.
13        (4) The administration of aerosol medication or
14    medical gas.
15        (5) The insertion and maintenance of an artificial
16    airway.
17        (6) Mechanical ventilatory support.
18        (7) Patient assessment.
19        (8) Patient education.
20        (9) The transferring of oxygen devices, for purposes of
21    patient transport, with a liter flow greater than 6 liters
22    per minute, and the transferring of oxygen devices at any
23    liter flow being delivered to patients less than 12 years
24    of age.
25    "Department" means the Department of Financial and
26Professional Regulation.

 

 

HB3472- 454 -LRB100 05726 SMS 15748 b

1    "Licensed" means that which is required to hold oneself out
2as a respiratory care practitioner as defined in this Act.
3    "Licensed health care professional" means a physician
4licensed to practice medicine in all its branches, a licensed
5advanced practice registered nurse, or a licensed physician
6assistant.
7    "Order" means a written, oral, or telecommunicated
8authorization for respiratory care services for a patient by
9(i) a licensed health care professional who maintains medical
10supervision of the patient and makes a diagnosis or verifies
11that the patient's condition is such that it may be treated by
12a respiratory care practitioner or (ii) a certified registered
13nurse anesthetist in a licensed hospital or ambulatory surgical
14treatment center.
15    "Other authorized licensed personnel" means a licensed
16respiratory care practitioner, a licensed registered nurse, or
17a licensed practical nurse whose scope of practice authorizes
18the professional to supervise an individual who is not
19licensed, certified, or registered as a health professional.
20    "Proximate supervision" means a situation in which an
21individual is responsible for directing the actions of another
22individual in the facility and is physically close enough to be
23readily available, if needed, by the supervised individual.
24    "Respiratory care" and "cardiorespiratory care" mean
25preventative services, evaluation and assessment services,
26therapeutic services, cardiopulmonary disease management, and

 

 

HB3472- 455 -LRB100 05726 SMS 15748 b

1rehabilitative services under the order of a licensed health
2care professional for an individual with a disorder, disease,
3or abnormality of the cardiopulmonary system. These terms
4include, but are not limited to, measuring, observing,
5assessing, and monitoring signs and symptoms, reactions,
6general behavior, and general physical response of individuals
7to respiratory care services, including the determination of
8whether those signs, symptoms, reactions, behaviors, or
9general physical responses exhibit abnormal characteristics;
10the administration of pharmacological and therapeutic agents
11and procedures related to respiratory care services; the
12collection of blood specimens and other bodily fluids and
13tissues for, and the performance of, cardiopulmonary
14diagnostic testing procedures, including, but not limited to,
15blood gas analysis; development, implementation, and
16modification of respiratory care treatment plans based on
17assessed abnormalities of the cardiopulmonary system,
18respiratory care guidelines, referrals, and orders of a
19licensed health care professional; application, operation, and
20management of mechanical ventilatory support and other means of
21life support, including, but not limited to, hemodynamic
22cardiovascular support; and the initiation of emergency
23procedures under the rules promulgated by the Department. A
24respiratory care practitioner shall refer to a physician
25licensed to practice medicine in all its branches any patient
26whose condition, at the time of evaluation or treatment, is

 

 

HB3472- 456 -LRB100 05726 SMS 15748 b

1determined to be beyond the scope of practice of the
2respiratory care practitioner.
3    "Respiratory care education program" means a course of
4academic study leading to eligibility for registry or
5certification in respiratory care. The training is to be
6approved by an accrediting agency recognized by the Board and
7shall include an evaluation of competence through a
8standardized testing mechanism that is determined by the Board
9to be both valid and reliable.
10    "Respiratory care practitioner" means a person who is
11licensed by the Department of Professional Regulation and meets
12all of the following criteria:
13        (1) The person is engaged in the practice of
14    cardiorespiratory care and has the knowledge and skill
15    necessary to administer respiratory care.
16        (2) The person is capable of serving as a resource to
17    the licensed health care professional in relation to the
18    technical aspects of cardiorespiratory care and the safe
19    and effective methods for administering cardiorespiratory
20    care modalities.
21        (3) The person is able to function in situations of
22    unsupervised patient contact requiring great individual
23    judgment.
24    "Secretary" means the Secretary of Financial and
25Professional Regulation.
26(Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15;

 

 

HB3472- 457 -LRB100 05726 SMS 15748 b

199-642, eff. 7-28-16.)
 
2    (225 ILCS 106/15)
3    (Section scheduled to be repealed on January 1, 2026)
4    Sec. 15. Exemptions.
5    (a) This Act does not prohibit a person legally regulated
6in this State by any other Act from engaging in any practice
7for which he or she is authorized.
8    (b) Nothing in this Act shall prohibit the practice of
9respiratory care by a person who is employed by the United
10States government or any bureau, division, or agency thereof
11while in the discharge of the employee's official duties.
12    (c) Nothing in this Act shall be construed to limit the
13activities and services of a person enrolled in an approved
14course of study leading to a degree or certificate of registry
15or certification eligibility in respiratory care if these
16activities and services constitute a part of a supervised
17course of study and if the person is designated by a title
18which clearly indicates his or her status as a student or
19trainee. Status as a student or trainee shall not exceed 3
20years from the date of enrollment in an approved course.
21    (d) Nothing in this Act shall prohibit a person from
22treating ailments by spiritual means through prayer alone in
23accordance with the tenets and practices of a recognized church
24or religious denomination.
25    (e) Nothing in this Act shall be construed to prevent a

 

 

HB3472- 458 -LRB100 05726 SMS 15748 b

1person who is a registered nurse, an advanced practice
2registered nurse, a licensed practical nurse, a physician
3assistant, or a physician licensed to practice medicine in all
4its branches from providing respiratory care.
5    (f) Nothing in this Act shall limit a person who is
6credentialed by the National Society for Cardiopulmonary
7Technology or the National Board for Respiratory Care from
8performing pulmonary function tests and respiratory care
9procedures related to the pulmonary function test. Individuals
10who do not possess a license to practice respiratory care or a
11license in another health care field may perform basic
12screening spirometry limited to peak flow, forced vital
13capacity, slow vital capacity, and maximum voluntary
14ventilation if they possess spirometry certification from the
15National Institute for Occupational Safety and Health, an
16Office Spirometry Certificate from the American Association
17for Respiratory Care, or other similarly accepted
18certification training.
19    (g) Nothing in this Act shall prohibit the collection and
20analysis of blood by clinical laboratory personnel meeting the
21personnel standards of the Illinois Clinical Laboratory Act.
22    (h) Nothing in this Act shall prohibit a polysomnographic
23technologist, technician, or trainee, as defined in the job
24descriptions jointly accepted by the American Academy of Sleep
25Medicine, the Association of Polysomnographic Technologists,
26the Board of Registered Polysomnographic Technologists, and

 

 

HB3472- 459 -LRB100 05726 SMS 15748 b

1the American Society of Electroneurodiagnostic Technologists,
2from performing activities within the scope of practice of
3polysomnographic technology while under the direction of a
4physician licensed in this State.
5    (i) Nothing in this Act shall prohibit a family member from
6providing respiratory care services to an ill person.
7    (j) Nothing in this Act shall be construed to limit an
8unlicensed practitioner in a licensed hospital who is working
9under the proximate supervision of a licensed health care
10professional or other authorized licensed personnel and
11providing direct patient care services from performing basic
12respiratory care activities if the unlicensed practitioner (i)
13has been trained to perform the basic respiratory care
14activities at the facility that employs or contracts with the
15individual and (ii) at a minimum, has annually received an
16evaluation of the unlicensed practitioner's performance of
17basic respiratory care activities documented by the facility.
18    (k) Nothing in this Act shall be construed to prohibit a
19person enrolled in a respiratory care education program or an
20approved course of study leading to a degree or certification
21in a health care-related discipline that provides respiratory
22care activities within his or her scope of practice and
23employed in a licensed hospital in order to provide direct
24patient care services under the direction of other authorized
25licensed personnel from providing respiratory care activities.
26    (l) Nothing in this Act prohibits a person licensed as a

 

 

HB3472- 460 -LRB100 05726 SMS 15748 b

1respiratory care practitioner in another jurisdiction from
2providing respiratory care: (i) in a declared emergency in this
3State; (ii) as a member of an organ procurement team; or (iii)
4as part of a medical transport team that is transporting a
5patient into or out of this State.
6(Source: P.A. 99-230, eff. 8-3-15.)
 
7    Section 200. The Sex Offender Evaluation and Treatment
8Provider Act is amended by changing Sections 35 and 40 as
9follows:
 
10    (225 ILCS 109/35)
11    Sec. 35. Qualifications for licensure.
12    (a)(1) A person is qualified for licensure as a sex
13offender evaluator if that person:
14        (A) has applied in writing on forms prepared and
15    furnished by the Department;
16        (B) has not engaged or is not engaged in any practice
17    or conduct that would be grounds for disciplining a
18    licensee under Section 75 of this Act; and
19        (C) satisfies the licensure and experience
20    requirements of paragraph (2) of this subsection (a).
21    (2) A person who applies to the Department shall be issued
22a sex offender evaluator license by the Department if the
23person meets the qualifications set forth in paragraph (1) of
24this subsection (a) and provides evidence to the Department

 

 

HB3472- 461 -LRB100 05726 SMS 15748 b

1that the person:
2        (A) is a physician licensed to practice medicine in all
3    of its branches under the Medical Practice Act of 1987 or
4    licensed under the laws of another state; an advanced
5    practice registered nurse with psychiatric specialty
6    licensed under the Nurse Practice Act or licensed under the
7    laws of another state; a clinical psychologist licensed
8    under the Clinical Psychologist Licensing Act or licensed
9    under the laws of another state; a licensed clinical social
10    worker licensed under the Clinical Social Work and Social
11    Work Practice Act or licensed under the laws of another
12    state; a licensed clinical professional counselor licensed
13    under the Professional Counselor and Clinical Professional
14    Counselor Licensing and Practice Act or licensed under the
15    laws of another state; or a licensed marriage and family
16    therapist licensed under the Marriage and Family Therapy
17    Therapist Licensing Act or licensed under the laws of
18    another state;
19        (B) has 400 hours of supervised experience in the
20    treatment or evaluation of sex offenders in the last 4
21    years, at least 200 of which are face-to-face therapy or
22    evaluation with sex offenders;
23        (C) has completed at least 10 sex offender evaluations
24    under supervision in the past 4 years; and
25        (D) has at least 40 hours of documented training in the
26    specialty of sex offender evaluation, treatment, or

 

 

HB3472- 462 -LRB100 05726 SMS 15748 b

1    management.
2    Until January 1, 2015, the requirements of subparagraphs
3(B) and (D) of paragraph (2) of this subsection (a) are
4satisfied if the applicant has been listed on the Sex Offender
5Management Board's Approved Provider List for a minimum of 2
6years before application for licensure. Until January 1, 2015,
7the requirements of subparagraph (C) of paragraph (2) of this
8subsection (a) are satisfied if the applicant has completed at
9least 10 sex offender evaluations within the 4 years before
10application for licensure.
11    (b)(1) A person is qualified for licensure as a sex
12offender treatment provider if that person:
13        (A) has applied in writing on forms prepared and
14    furnished by the Department;
15        (B) has not engaged or is not engaged in any practice
16    or conduct that would be grounds for disciplining a
17    licensee under Section 75 of this Act; and
18        (C) satisfies the licensure and experience
19    requirements of paragraph (2) of this subsection (b).
20    (2) A person who applies to the Department shall be issued
21a sex offender treatment provider license by the Department if
22the person meets the qualifications set forth in paragraph (1)
23of this subsection (b) and provides evidence to the Department
24that the person:
25        (A) is a physician licensed to practice medicine in all
26    of its branches under the Medical Practice Act of 1987 or

 

 

HB3472- 463 -LRB100 05726 SMS 15748 b

1    licensed under the laws of another state; an advanced
2    practice registered nurse with psychiatric specialty
3    licensed under the Nurse Practice Act or licensed under the
4    laws of another state; a clinical psychologist licensed
5    under the Clinical Psychologist Licensing Act or licensed
6    under the laws of another state; a licensed clinical social
7    worker licensed under the Clinical Social Work and Social
8    Work Practice Act or licensed under the laws of another
9    state; a licensed clinical professional counselor licensed
10    under the Professional Counselor and Clinical Professional
11    Counselor Licensing and Practice Act or licensed under the
12    laws of another state; or a licensed marriage and family
13    therapist licensed under the Marriage and Family Therapy
14    Therapist Licensing Act or licensed under the laws of
15    another state;
16        (B) has 400 hours of supervised experience in the
17    treatment of sex offenders in the last 4 years, at least
18    200 of which are face-to-face therapy with sex offenders;
19    and
20        (C) has at least 40 hours documented training in the
21    specialty of sex offender evaluation, treatment, or
22    management.
23    Until January 1, 2015, the requirements of subparagraphs
24(B) and (C) of paragraph (2) of this subsection (b) are
25satisfied if the applicant has been listed on the Sex Offender
26Management Board's Approved Provider List for a minimum of 2

 

 

HB3472- 464 -LRB100 05726 SMS 15748 b

1years before application.
2    (c)(1) A person is qualified for licensure as an associate
3sex offender provider if that person:
4        (A) has applied in writing on forms prepared and
5    furnished by the Department;
6        (B) has not engaged or is not engaged in any practice
7    or conduct that would be grounds for disciplining a
8    licensee under Section 75 of this Act; and
9        (C) satisfies the education and experience
10    requirements of paragraph (2) of this subsection (c).
11    (2) A person who applies to the Department shall be issued
12an associate sex offender provider license by the Department if
13the person meets the qualifications set forth in paragraph (1)
14of this subsection (c) and provides evidence to the Department
15that the person holds a master's degree or higher in social
16work, psychology, marriage and family therapy, counseling or
17closely related behavioral science degree, or psychiatry.
18(Source: P.A. 97-1098, eff. 7-1-13; 98-612, eff. 12-27-13;
19revised 9-14-16.)
 
20    (225 ILCS 109/40)
21    Sec. 40. Application; exemptions.
22    (a) No person may act as a sex offender evaluator, sex
23offender treatment provider, or associate sex offender
24provider as defined in this Act for the provision of sex
25offender evaluations or sex offender treatment pursuant to the

 

 

HB3472- 465 -LRB100 05726 SMS 15748 b

1Sex Offender Management Board Act, the Sexually Dangerous
2Persons Act, or the Sexually Violent Persons Commitment Act
3unless the person is licensed to do so by the Department. Any
4evaluation or treatment services provided by a licensed health
5care professional not licensed under this Act shall not be
6valid under the Sex Offender Management Board Act, the Sexually
7Dangerous Persons Act, or the Sexually Violent Persons
8Commitment Act. No business shall provide, attempt to provide,
9or offer to provide sex offender evaluation services unless it
10is organized under the Professional Service Corporation Act,
11the Medical Corporation Act, or the Professional Limited
12Liability Company Act.
13    (b) Nothing in this Act shall be construed to require any
14licensed physician, advanced practice registered nurse,
15physician assistant, or other health care professional to be
16licensed under this Act for the provision of services for which
17the person is otherwise licensed. This Act does not prohibit a
18person licensed under any other Act in this State from engaging
19in the practice for which he or she is licensed. This Act only
20applies to the provision of sex offender evaluations or sex
21offender treatment provided for the purposes of complying with
22the Sex Offender Management Board Act, the Sexually Dangerous
23Persons Act, or the Sexually Violent Persons Commitment Act.
24(Source: P.A. 99-227, eff. 8-3-15.)
 
25    Section 205. The Registered Surgical Assistant and

 

 

HB3472- 466 -LRB100 05726 SMS 15748 b

1Registered Surgical Technologist Title Protection Act is
2amended by changing Section 40 as follows:
 
3    (225 ILCS 130/40)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 40. Application of Act. This Act shall not be
6construed to prohibit the following:
7        (1) A person licensed in this State under any other Act
8    from engaging in the practice for which he or she is
9    licensed, including but not limited to a physician licensed
10    to practice medicine in all its branches, physician
11    assistant, advanced practice registered nurse, or nurse
12    performing surgery-related tasks within the scope of his or
13    her license, nor are these individuals required to be
14    registered under this Act.
15        (2) A person from engaging in practice as a surgical
16    assistant or surgical technologist in the discharge of his
17    or her official duties as an employee of the United States
18    government.
19        (3) One or more registered surgical assistants or
20    surgical technologists from forming a professional service
21    corporation in accordance with the Professional Service
22    Corporation Act and applying for licensure as a corporation
23    providing surgical assistant or surgical technologist
24    services.
25        (4) A student engaging in practice as a surgical

 

 

HB3472- 467 -LRB100 05726 SMS 15748 b

1    assistant or surgical technologist under the direct
2    supervision of a physician licensed to practice medicine in
3    all of its branches as part of his or her program of study
4    at a school approved by the Department or in preparation to
5    qualify for the examination as prescribed under Sections 45
6    and 50 of this Act.
7        (5) A person from assisting in surgery at a physician's
8    discretion, including but not limited to medical students
9    and residents, nor are medical students and residents
10    required to be registered under this Act.
11        (6) A hospital, health system or network, ambulatory
12    surgical treatment center, physician licensed to practice
13    medicine in all its branches, physician medical group, or
14    other entity that provides surgery-related services from
15    employing individuals that the entity considers competent
16    to assist in surgery. These entities are not required to
17    utilize registered surgical assistants or registered
18    surgical technologists when providing surgery-related
19    services to patients. Nothing in this subsection shall be
20    construed to limit the ability of an employer to utilize
21    the services of any person to assist in surgery within the
22    employment setting consistent with the individual's skill
23    and training.
24(Source: P.A. 98-364, eff. 12-31-13.)
 
25    Section 210. The Genetic Counselor Licensing Act is amended

 

 

HB3472- 468 -LRB100 05726 SMS 15748 b

1by changing Sections 90 and 95 as follows:
 
2    (225 ILCS 135/90)
3    (Section scheduled to be repealed on January 1, 2025)
4    Sec. 90. Privileged communications and exceptions.
5    (a) With the exception of disclosure to the physician
6performing or supervising a genetic test and to the referring
7physician licensed to practice medicine in all its branches,
8advanced practice registered nurse, or physician assistant, no
9licensed genetic counselor shall disclose any information
10acquired from persons consulting the counselor in a
11professional capacity, except that which may be voluntarily
12disclosed under any of the following circumstances:
13        (1) In the course of formally reporting, conferring, or
14    consulting with administrative superiors, colleagues, or
15    consultants who share professional responsibility, in
16    which instance all recipients of the information are
17    similarly bound to regard the communication as privileged.
18        (2) With the written consent of the person who provided
19    the information and about whom the information concerns.
20        (3) In the case of death or disability, with the
21    written consent of a personal representative.
22        (4) When a communication reveals the intended
23    commission of a crime or harmful act and such disclosure is
24    judged necessary in the professional judgment of the
25    licensed genetic counselor to protect any person from a

 

 

HB3472- 469 -LRB100 05726 SMS 15748 b

1    clear risk of serious mental or physical harm or injury or
2    to forestall a serious threat to the public safety.
3        (5) When the person waives the privilege by bringing
4    any public charges or filing a lawsuit against the
5    licensee.
6    (b) Any person having access to records or anyone who
7participates in providing genetic counseling services, or in
8providing any human services, or is supervised by a licensed
9genetic counselor is similarly bound to regard all information
10and communications as privileged in accord with this Section.
11    (c) The Mental Health and Developmental Disabilities
12Confidentiality Act is incorporated herein as if all of its
13provisions were included in this Act. In the event of a
14conflict between the application of this Section and the Mental
15Health and Developmental Disabilities Confidentiality Act to a
16specific situation, the provisions of the Mental Health and
17Developmental Disabilities Confidentiality Act shall control.
18(Source: P.A. 96-1313, eff. 7-27-10.)
 
19    (225 ILCS 135/95)
20    (Section scheduled to be repealed on January 1, 2025)
21    Sec. 95. Grounds for discipline.
22    (a) The Department may refuse to issue, renew, or may
23revoke, suspend, place on probation, reprimand, or take other
24disciplinary or non-disciplinary action as the Department
25deems appropriate, including the issuance of fines not to

 

 

HB3472- 470 -LRB100 05726 SMS 15748 b

1exceed $10,000 for each violation, with regard to any license
2for any one or more of the following:
3        (1) Material misstatement in furnishing information to
4    the Department or to any other State agency.
5        (2) Violations or negligent or intentional disregard
6    of this Act, or any of its rules.
7        (3) Conviction by plea of guilty or nolo contendere,
8    finding of guilt, jury verdict, or entry of judgment or
9    sentencing, including, but not limited to, convictions,
10    preceding sentences of supervision, conditional discharge,
11    or first offender probation, under the laws of any
12    jurisdiction of the United States: (i) that is a felony or
13    (ii) that is a misdemeanor, an essential element of which
14    is dishonesty, or that is directly related to the practice
15    of genetic counseling.
16        (4) Making any misrepresentation for the purpose of
17    obtaining a license, or violating any provision of this Act
18    or its rules.
19        (5) Negligence in the rendering of genetic counseling
20    services.
21        (6) Failure to provide genetic testing results and any
22    requested information to a referring physician licensed to
23    practice medicine in all its branches, advanced practice
24    registered nurse, or physician assistant.
25        (7) Aiding or assisting another person in violating any
26    provision of this Act or any rules.

 

 

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1        (8) Failing to provide information within 60 days in
2    response to a written request made by the Department.
3        (9) Engaging in dishonorable, unethical, or
4    unprofessional conduct of a character likely to deceive,
5    defraud, or harm the public and violating the rules of
6    professional conduct adopted by the Department.
7        (10) Failing to maintain the confidentiality of any
8    information received from a client, unless otherwise
9    authorized or required by law.
10        (10.5) Failure to maintain client records of services
11    provided and provide copies to clients upon request.
12        (11) Exploiting a client for personal advantage,
13    profit, or interest.
14        (12) Habitual or excessive use or addiction to alcohol,
15    narcotics, stimulants, or any other chemical agent or drug
16    which results in inability to practice with reasonable
17    skill, judgment, or safety.
18        (13) Discipline by another governmental agency or unit
19    of government, by any jurisdiction of the United States, or
20    by a foreign nation, if at least one of the grounds for the
21    discipline is the same or substantially equivalent to those
22    set forth in this Section.
23        (14) Directly or indirectly giving to or receiving from
24    any person, firm, corporation, partnership, or association
25    any fee, commission, rebate, or other form of compensation
26    for any professional service not actually rendered.

 

 

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1    Nothing in this paragraph (14) affects any bona fide
2    independent contractor or employment arrangements among
3    health care professionals, health facilities, health care
4    providers, or other entities, except as otherwise
5    prohibited by law. Any employment arrangements may include
6    provisions for compensation, health insurance, pension, or
7    other employment benefits for the provision of services
8    within the scope of the licensee's practice under this Act.
9    Nothing in this paragraph (14) shall be construed to
10    require an employment arrangement to receive professional
11    fees for services rendered.
12        (15) A finding by the Department that the licensee,
13    after having the license placed on probationary status has
14    violated the terms of probation.
15        (16) Failing to refer a client to other health care
16    professionals when the licensee is unable or unwilling to
17    adequately support or serve the client.
18        (17) Willfully filing false reports relating to a
19    licensee's practice, including but not limited to false
20    records filed with federal or State agencies or
21    departments.
22        (18) Willfully failing to report an instance of
23    suspected child abuse or neglect as required by the Abused
24    and Neglected Child Reporting Act.
25        (19) Being named as a perpetrator in an indicated
26    report by the Department of Children and Family Services

 

 

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1    pursuant to the Abused and Neglected Child Reporting Act,
2    and upon proof by clear and convincing evidence that the
3    licensee has caused a child to be an abused child or
4    neglected child as defined in the Abused and Neglected
5    Child Reporting Act.
6        (20) Physical or mental disability, including
7    deterioration through the aging process or loss of
8    abilities and skills which results in the inability to
9    practice the profession with reasonable judgment, skill,
10    or safety.
11        (21) Solicitation of professional services by using
12    false or misleading advertising.
13        (22) Failure to file a return, or to pay the tax,
14    penalty of interest shown in a filed return, or to pay any
15    final assessment of tax, penalty or interest, as required
16    by any tax Act administered by the Illinois Department of
17    Revenue or any successor agency or the Internal Revenue
18    Service or any successor agency.
19        (23) Fraud or making any misrepresentation in applying
20    for or procuring a license under this Act or in connection
21    with applying for renewal of a license under this Act.
22        (24) Practicing or attempting to practice under a name
23    other than the full name as shown on the license or any
24    other legally authorized name.
25        (25) Gross overcharging for professional services,
26    including filing statements for collection of fees or

 

 

HB3472- 474 -LRB100 05726 SMS 15748 b

1    monies for which services are not rendered.
2        (26) (Blank).
3        (27) Charging for professional services not rendered,
4    including filing false statements for the collection of
5    fees for which services are not rendered.
6        (28) Allowing one's license under this Act to be used
7    by an unlicensed person in violation of this Act.
8    (b) The Department shall deny, without hearing, any
9application or renewal for a license under this Act to any
10person who has defaulted on an educational loan guaranteed by
11the Illinois Student State Assistance Commission; however, the
12Department may issue a license or renewal if the person in
13default has established a satisfactory repayment record as
14determined by the Illinois Student Assistance Commission.
15    (c) The determination by a court that a licensee is subject
16to involuntary admission or judicial admission as provided in
17the Mental Health and Developmental Disabilities Code will
18result in an automatic suspension of his or her license. The
19suspension will end upon a finding by a court that the licensee
20is no longer subject to involuntary admission or judicial
21admission, the issuance of an order so finding and discharging
22the patient, and the determination of the Secretary that the
23licensee be allowed to resume professional practice.
24    (d) The Department may refuse to issue or renew or may
25suspend without hearing the license of any person who fails to
26file a return, to pay the tax penalty or interest shown in a

 

 

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1filed return, or to pay any final assessment of the tax,
2penalty, or interest as required by any Act regarding the
3payment of taxes administered by the Illinois Department of
4Revenue until the requirements of the Act are satisfied in
5accordance with subsection (g) of Section 2105-15 of the Civil
6Administrative Code of Illinois.
7    (e) In cases where the Department of Healthcare and Family
8Services has previously determined that a licensee or a
9potential licensee is more than 30 days delinquent in the
10payment of child support and has subsequently certified the
11delinquency to the Department, the Department may refuse to
12issue or renew or may revoke or suspend that person's license
13or may take other disciplinary action against that person based
14solely upon the certification of delinquency made by the
15Department of Healthcare and Family Services in accordance with
16item (5) of subsection (a) of Section 2105-15 of the Department
17of Professional Regulation Law of the Civil Administrative Code
18of Illinois.
19    (f) All fines or costs imposed under this Section shall be
20paid within 60 days after the effective date of the order
21imposing the fine or costs or in accordance with the terms set
22forth in the order imposing the fine.
23(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;
2499-633, eff. 1-1-17; revised 10-27-16.)
 
25    Section 215. The Illinois Public Aid Code is amended by

 

 

HB3472- 476 -LRB100 05726 SMS 15748 b

1changing Sections 5-8 and 12-4.37 as follows:
 
2    (305 ILCS 5/5-8)  (from Ch. 23, par. 5-8)
3    Sec. 5-8. Practitioners. In supplying medical assistance,
4the Illinois Department may provide for the legally authorized
5services of (i) persons licensed under the Medical Practice Act
6of 1987, as amended, except as hereafter in this Section
7stated, whether under a general or limited license, (ii)
8persons licensed under the Nurse Practice Act as advanced
9practice registered nurses, regardless of whether or not the
10persons have written collaborative agreements, (iii) persons
11licensed or registered under other laws of this State to
12provide dental, medical, pharmaceutical, optometric,
13podiatric, or nursing services, or other remedial care
14recognized under State law, and (iv) persons licensed under
15other laws of this State as a clinical social worker. The
16Department shall adopt rules, no later than 90 days after the
17effective date of this amendatory Act of the 99th General
18Assembly, for the legally authorized services of persons
19licensed under other laws of this State as a clinical social
20worker. The Department may not provide for legally authorized
21services of any physician who has been convicted of having
22performed an abortion procedure in a wilful and wanton manner
23on a woman who was not pregnant at the time such abortion
24procedure was performed. The utilization of the services of
25persons engaged in the treatment or care of the sick, which

 

 

HB3472- 477 -LRB100 05726 SMS 15748 b

1persons are not required to be licensed or registered under the
2laws of this State, is not prohibited by this Section.
3(Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17.)
 
4    (305 ILCS 5/12-4.37)
5    Sec. 12-4.37. Children's Healthcare Partnership Pilot
6Program.
7    (a) The Department of Healthcare and Family Services, in
8cooperation with the Department of Human Services, shall
9establish a Children's Healthcare Partnership Pilot Program in
10Sangamon County to fund the provision of various health care
11services by a single provider, or a group of providers that
12have entered into an agreement for that purpose, at a single
13location in the county. Services covered under the pilot
14program shall include, but need not be limited to, family
15practice, pediatric, nursing (including advanced practice
16registered nursing), psychiatric, dental, and vision services.
17The Departments shall fund the provision of all services
18provided under the pilot program using a rate structure that is
19cost-based. To be selected by the Departments as the provider
20of health care services under the pilot program, a provider or
21group of providers must serve a disproportionate share of
22low-income or indigent patients, including recipients of
23medical assistance under Article V of this Code. The
24Departments shall adopt rules as necessary to implement this
25Section.

 

 

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1    (b) Implementation of this Section is contingent on federal
2approval. The Department of Healthcare and Family Services
3shall take appropriate action by January 1, 2010 to seek
4federal approval.
5    (c) This Section is inoperative if the provider of health
6care services under the pilot program receives designation as a
7Federally Qualified Health Center (FQHC) or FQHC Look-Alike.
8(Source: P.A. 96-691, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
9    Section 220. The Older Adult Services Act is amended by
10changing Section 35 as follows:
 
11    (320 ILCS 42/35)
12    Sec. 35. Older Adult Services Advisory Committee.
13    (a) The Older Adult Services Advisory Committee is created
14to advise the directors of Aging, Healthcare and Family
15Services, and Public Health on all matters related to this Act
16and the delivery of services to older adults in general.
17    (b) The Advisory Committee shall be comprised of the
18following:
19        (1) The Director of Aging or his or her designee, who
20    shall serve as chair and shall be an ex officio and
21    nonvoting member.
22        (2) The Director of Healthcare and Family Services and
23    the Director of Public Health or their designees, who shall
24    serve as vice-chairs and shall be ex officio and nonvoting

 

 

HB3472- 479 -LRB100 05726 SMS 15748 b

1    members.
2        (3) One representative each of the Governor's Office,
3    the Department of Healthcare and Family Services, the
4    Department of Public Health, the Department of Veterans'
5    Affairs, the Department of Human Services, the Department
6    of Insurance, the Department of Commerce and Economic
7    Opportunity, the Department on Aging, the Department on
8    Aging's State Long Term Care Ombudsman, the Illinois
9    Housing Finance Authority, and the Illinois Housing
10    Development Authority, each of whom shall be selected by
11    his or her respective director and shall be an ex officio
12    and nonvoting member.
13        (4) Thirty members appointed by the Director of Aging
14    in collaboration with the directors of Public Health and
15    Healthcare and Family Services, and selected from the
16    recommendations of statewide associations and
17    organizations, as follows:
18            (A) One member representing the Area Agencies on
19        Aging;
20            (B) Four members representing nursing homes or
21        licensed assisted living establishments;
22            (C) One member representing home health agencies;
23            (D) One member representing case management
24        services;
25            (E) One member representing statewide senior
26        center associations;

 

 

HB3472- 480 -LRB100 05726 SMS 15748 b

1            (F) One member representing Community Care Program
2        homemaker services;
3            (G) One member representing Community Care Program
4        adult day services;
5            (H) One member representing nutrition project
6        directors;
7            (I) One member representing hospice programs;
8            (J) One member representing individuals with
9        Alzheimer's disease and related dementias;
10            (K) Two members representing statewide trade or
11        labor unions;
12            (L) One advanced practice registered nurse with
13        experience in gerontological nursing;
14            (M) One physician specializing in gerontology;
15            (N) One member representing regional long-term
16        care ombudsmen;
17            (O) One member representing municipal, township,
18        or county officials;
19            (P) (Blank);
20            (Q) (Blank);
21            (R) One member representing the parish nurse
22        movement;
23            (S) One member representing pharmacists;
24            (T) Two members representing statewide
25        organizations engaging in advocacy or legal
26        representation on behalf of the senior population;

 

 

HB3472- 481 -LRB100 05726 SMS 15748 b

1            (U) Two family caregivers;
2            (V) Two citizen members over the age of 60;
3            (W) One citizen with knowledge in the area of
4        gerontology research or health care law;
5            (X) One representative of health care facilities
6        licensed under the Hospital Licensing Act; and
7            (Y) One representative of primary care service
8        providers.
9    The Director of Aging, in collaboration with the Directors
10of Public Health and Healthcare and Family Services, may
11appoint additional citizen members to the Older Adult Services
12Advisory Committee. Each such additional member must be either
13an individual age 60 or older or an uncompensated caregiver for
14a family member or friend who is age 60 or older.
15    (c) Voting members of the Advisory Committee shall serve
16for a term of 3 years or until a replacement is named. All
17members shall be appointed no later than January 1, 2005. Of
18the initial appointees, as determined by lot, 10 members shall
19serve a term of one year; 10 shall serve for a term of 2 years;
20and 12 shall serve for a term of 3 years. Any member appointed
21to fill a vacancy occurring prior to the expiration of the term
22for which his or her predecessor was appointed shall be
23appointed for the remainder of that term. The Advisory
24Committee shall meet at least quarterly and may meet more
25frequently at the call of the Chair. A simple majority of those
26appointed shall constitute a quorum. The affirmative vote of a

 

 

HB3472- 482 -LRB100 05726 SMS 15748 b

1majority of those present and voting shall be necessary for
2Advisory Committee action. Members of the Advisory Committee
3shall receive no compensation for their services.
4    (d) The Advisory Committee shall have an Executive
5Committee comprised of the Chair, the Vice Chairs, and up to 15
6members of the Advisory Committee appointed by the Chair who
7have demonstrated expertise in developing, implementing, or
8coordinating the system restructuring initiatives defined in
9Section 25. The Executive Committee shall have responsibility
10to oversee and structure the operations of the Advisory
11Committee and to create and appoint necessary subcommittees and
12subcommittee members.
13    (e) The Advisory Committee shall study and make
14recommendations related to the implementation of this Act,
15including but not limited to system restructuring initiatives
16as defined in Section 25 or otherwise related to this Act.
17(Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10.)
 
18    Section 225. The Abused and Neglected Child Reporting Act
19is amended by changing Section 4 as follows:
 
20    (325 ILCS 5/4)
21    Sec. 4. Persons required to report; privileged
22communications; transmitting false report. Any physician,
23resident, intern, hospital, hospital administrator and
24personnel engaged in examination, care and treatment of

 

 

HB3472- 483 -LRB100 05726 SMS 15748 b

1persons, surgeon, dentist, dentist hygienist, osteopath,
2chiropractor, podiatric physician, physician assistant,
3substance abuse treatment personnel, funeral home director or
4employee, coroner, medical examiner, emergency medical
5technician, acupuncturist, crisis line or hotline personnel,
6school personnel (including administrators and both certified
7and non-certified school employees), personnel of institutions
8of higher education, educational advocate assigned to a child
9pursuant to the School Code, member of a school board or the
10Chicago Board of Education or the governing body of a private
11school (but only to the extent required in accordance with
12other provisions of this Section expressly concerning the duty
13of school board members to report suspected child abuse),
14truant officers, social worker, social services administrator,
15domestic violence program personnel, registered nurse,
16licensed practical nurse, genetic counselor, respiratory care
17practitioner, advanced practice registered nurse, home health
18aide, director or staff assistant of a nursery school or a
19child day care center, recreational or athletic program or
20facility personnel, early intervention provider as defined in
21the Early Intervention Services System Act, law enforcement
22officer, licensed professional counselor, licensed clinical
23professional counselor, registered psychologist and assistants
24working under the direct supervision of a psychologist,
25psychiatrist, or field personnel of the Department of
26Healthcare and Family Services, Juvenile Justice, Public

 

 

HB3472- 484 -LRB100 05726 SMS 15748 b

1Health, Human Services (acting as successor to the Department
2of Mental Health and Developmental Disabilities,
3Rehabilitation Services, or Public Aid), Corrections, Human
4Rights, or Children and Family Services, supervisor and
5administrator of general assistance under the Illinois Public
6Aid Code, probation officer, animal control officer or Illinois
7Department of Agriculture Bureau of Animal Health and Welfare
8field investigator, or any other foster parent, homemaker or
9child care worker having reasonable cause to believe a child
10known to them in their professional or official capacity may be
11an abused child or a neglected child shall immediately report
12or cause a report to be made to the Department.
13    Any member of the clergy having reasonable cause to believe
14that a child known to that member of the clergy in his or her
15professional capacity may be an abused child as defined in item
16(c) of the definition of "abused child" in Section 3 of this
17Act shall immediately report or cause a report to be made to
18the Department.
19    Any physician, physician's assistant, registered nurse,
20licensed practical nurse, medical technician, certified
21nursing assistant, social worker, or licensed professional
22counselor of any office, clinic, or any other physical location
23that provides abortions, abortion referrals, or contraceptives
24having reasonable cause to believe a child known to him or her
25in his or her professional or official capacity may be an
26abused child or a neglected child shall immediately report or

 

 

HB3472- 485 -LRB100 05726 SMS 15748 b

1cause a report to be made to the Department.
2    If an allegation is raised to a school board member during
3the course of an open or closed school board meeting that a
4child who is enrolled in the school district of which he or she
5is a board member is an abused child as defined in Section 3 of
6this Act, the member shall direct or cause the school board to
7direct the superintendent of the school district or other
8equivalent school administrator to comply with the
9requirements of this Act concerning the reporting of child
10abuse. For purposes of this paragraph, a school board member is
11granted the authority in his or her individual capacity to
12direct the superintendent of the school district or other
13equivalent school administrator to comply with the
14requirements of this Act concerning the reporting of child
15abuse.
16    Notwithstanding any other provision of this Act, if an
17employee of a school district has made a report or caused a
18report to be made to the Department under this Act involving
19the conduct of a current or former employee of the school
20district and a request is made by another school district for
21the provision of information concerning the job performance or
22qualifications of the current or former employee because he or
23she is an applicant for employment with the requesting school
24district, the general superintendent of the school district to
25which the request is being made must disclose to the requesting
26school district the fact that an employee of the school

 

 

HB3472- 486 -LRB100 05726 SMS 15748 b

1district has made a report involving the conduct of the
2applicant or caused a report to be made to the Department, as
3required under this Act. Only the fact that an employee of the
4school district has made a report involving the conduct of the
5applicant or caused a report to be made to the Department may
6be disclosed by the general superintendent of the school
7district to which the request for information concerning the
8applicant is made, and this fact may be disclosed only in cases
9where the employee and the general superintendent have not been
10informed by the Department that the allegations were unfounded.
11An employee of a school district who is or has been the subject
12of a report made pursuant to this Act during his or her
13employment with the school district must be informed by that
14school district that if he or she applies for employment with
15another school district, the general superintendent of the
16former school district, upon the request of the school district
17to which the employee applies, shall notify that requesting
18school district that the employee is or was the subject of such
19a report.
20    Whenever such person is required to report under this Act
21in his capacity as a member of the staff of a medical or other
22public or private institution, school, facility or agency, or
23as a member of the clergy, he shall make report immediately to
24the Department in accordance with the provisions of this Act
25and may also notify the person in charge of such institution,
26school, facility or agency, or church, synagogue, temple,

 

 

HB3472- 487 -LRB100 05726 SMS 15748 b

1mosque, or other religious institution, or his designated agent
2that such report has been made. Under no circumstances shall
3any person in charge of such institution, school, facility or
4agency, or church, synagogue, temple, mosque, or other
5religious institution, or his designated agent to whom such
6notification has been made, exercise any control, restraint,
7modification or other change in the report or the forwarding of
8such report to the Department.
9    The privileged quality of communication between any
10professional person required to report and his patient or
11client shall not apply to situations involving abused or
12neglected children and shall not constitute grounds for failure
13to report as required by this Act or constitute grounds for
14failure to share information or documents with the Department
15during the course of a child abuse or neglect investigation. If
16requested by the professional, the Department shall confirm in
17writing that the information or documents disclosed by the
18professional were gathered in the course of a child abuse or
19neglect investigation.
20    The reporting requirements of this Act shall not apply to
21the contents of a privileged communication between an attorney
22and his or her client or to confidential information within the
23meaning of Rule 1.6 of the Illinois Rules of Professional
24Conduct relating to the legal representation of an individual
25client.
26    A member of the clergy may claim the privilege under

 

 

HB3472- 488 -LRB100 05726 SMS 15748 b

1Section 8-803 of the Code of Civil Procedure.
2    Any office, clinic, or any other physical location that
3provides abortions, abortion referrals, or contraceptives
4shall provide to all office personnel copies of written
5information and training materials about abuse and neglect and
6the requirements of this Act that are provided to employees of
7the office, clinic, or physical location who are required to
8make reports to the Department under this Act, and instruct
9such office personnel to bring to the attention of an employee
10of the office, clinic, or physical location who is required to
11make reports to the Department under this Act any reasonable
12suspicion that a child known to him or her in his or her
13professional or official capacity may be an abused child or a
14neglected child. In addition to the above persons required to
15report suspected cases of abused or neglected children, any
16other person may make a report if such person has reasonable
17cause to believe a child may be an abused child or a neglected
18child.
19    Any person who enters into employment on and after July 1,
201986 and is mandated by virtue of that employment to report
21under this Act, shall sign a statement on a form prescribed by
22the Department, to the effect that the employee has knowledge
23and understanding of the reporting requirements of this Act.
24The statement shall be signed prior to commencement of the
25employment. The signed statement shall be retained by the
26employer. The cost of printing, distribution, and filing of the

 

 

HB3472- 489 -LRB100 05726 SMS 15748 b

1statement shall be borne by the employer.
2    Within one year of initial employment and at least every 5
3years thereafter, school personnel required to report child
4abuse as provided under this Section must complete mandated
5reporter training by a provider or agency with expertise in
6recognizing and reporting child abuse.
7    The Department shall provide copies of this Act, upon
8request, to all employers employing persons who shall be
9required under the provisions of this Section to report under
10this Act.
11    Any person who knowingly transmits a false report to the
12Department commits the offense of disorderly conduct under
13subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
14A violation of this provision is a Class 4 felony.
15    Any person who knowingly and willfully violates any
16provision of this Section other than a second or subsequent
17violation of transmitting a false report as described in the
18preceding paragraph, is guilty of a Class A misdemeanor for a
19first violation and a Class 4 felony for a second or subsequent
20violation; except that if the person acted as part of a plan or
21scheme having as its object the prevention of discovery of an
22abused or neglected child by lawful authorities for the purpose
23of protecting or insulating any person or entity from arrest or
24prosecution, the person is guilty of a Class 4 felony for a
25first offense and a Class 3 felony for a second or subsequent
26offense (regardless of whether the second or subsequent offense

 

 

HB3472- 490 -LRB100 05726 SMS 15748 b

1involves any of the same facts or persons as the first or other
2prior offense).
3    A child whose parent, guardian or custodian in good faith
4selects and depends upon spiritual means through prayer alone
5for the treatment or cure of disease or remedial care may be
6considered neglected or abused, but not for the sole reason
7that his parent, guardian or custodian accepts and practices
8such beliefs.
9    A child shall not be considered neglected or abused solely
10because the child is not attending school in accordance with
11the requirements of Article 26 of the School Code, as amended.
12    Nothing in this Act prohibits a mandated reporter who
13reasonably believes that an animal is being abused or neglected
14in violation of the Humane Care for Animals Act from reporting
15animal abuse or neglect to the Department of Agriculture's
16Bureau of Animal Health and Welfare.
17    A home rule unit may not regulate the reporting of child
18abuse or neglect in a manner inconsistent with the provisions
19of this Section. This Section is a limitation under subsection
20(i) of Section 6 of Article VII of the Illinois Constitution on
21the concurrent exercise by home rule units of powers and
22functions exercised by the State.
23    For purposes of this Section "child abuse or neglect"
24includes abuse or neglect of an adult resident as defined in
25this Act.
26(Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12;

 

 

HB3472- 491 -LRB100 05726 SMS 15748 b

197-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff.
27-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214,
3eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.)
 
4    Section 230. The Health Care Workplace Violence Prevention
5Act is amended by changing Section 10 as follows:
 
6    (405 ILCS 90/10)
7    Sec. 10. Definitions. In this Act:
8    "Department" means (i) the Department of Human Services, in
9the case of a health care workplace that is operated or
10regulated by the Department of Human Services, or (ii) the
11Department of Public Health, in the case of a health care
12workplace that is operated or regulated by the Department of
13Public Health.
14    "Director" means the Secretary of Human Services or the
15Director of Public Health, as appropriate.
16    "Employee" means any individual who is employed on a
17full-time, part-time, or contractual basis by a health care
18workplace.
19    "Health care workplace" means a mental health facility or
20developmental disability facility as defined in the Mental
21Health and Developmental Disabilities Code, other than a
22hospital or unit thereof licensed under the Hospital Licensing
23Act or operated under the University of Illinois Hospital Act.
24"Health care workplace" does not include, and shall not be

 

 

HB3472- 492 -LRB100 05726 SMS 15748 b

1construed to include, any office of a physician licensed to
2practice medicine in all its branches, an advanced practice
3registered nurse, or a physician assistant, regardless of the
4form of such office.
5    "Imminent danger" means a preliminary determination of
6immediate, threatened, or impending risk of physical injury as
7determined by the employee.
8    "Responsible agency" means the State agency that (i)
9licenses, certifies, registers, or otherwise regulates or
10exercises jurisdiction over a health care workplace or a health
11care workplace's activities or (ii) contracts with a health
12care workplace for the delivery of health care services.
13    "Violence" or "violent act" means any act by a patient or
14resident that causes or threatens to cause an injury to another
15person.
16(Source: P.A. 94-347, eff. 7-28-05.)
 
17    Section 235. The Perinatal Mental Health Disorders
18Prevention and Treatment Act is amended by changing Section 10
19as follows:
 
20    (405 ILCS 95/10)
21    Sec. 10. Definitions. In this Act:
22    "Hospital" has the meaning given to that term in the
23Hospital Licensing Act.
24    "Licensed health care professional" means a physician

 

 

HB3472- 493 -LRB100 05726 SMS 15748 b

1licensed to practice medicine in all its branches, a licensed
2advanced practice registered nurse, or a licensed physician
3assistant.
4    "Postnatal care" means an office visit to a licensed health
5care professional occurring after birth, with reference to the
6infant or mother.
7    "Prenatal care" means an office visit to a licensed health
8care professional for pregnancy-related care occurring before
9birth.
10    "Questionnaire" means an assessment tool administered by a
11licensed health care professional to detect perinatal mental
12health disorders, such as the Edinburgh Postnatal Depression
13Scale, the Postpartum Depression Screening Scale, the Beck
14Depression Inventory, the Patient Health Questionnaire, or
15other validated assessment methods.
16(Source: P.A. 99-173, eff. 7-29-15.)
 
17    Section 240. The Epinephrine Auto-Injector Act is amended
18by changing Section 5 as follows:
 
19    (410 ILCS 27/5)
20    Sec. 5. Definitions. As used in this Act:
21    "Administer" means to directly apply an epinephrine
22auto-injector to the body of an individual.
23    "Authorized entity" means any entity or organization,
24other than a school covered under Section 22-30 of the School

 

 

HB3472- 494 -LRB100 05726 SMS 15748 b

1Code, in connection with or at which allergens capable of
2causing anaphylaxis may be present, including, but not limited
3to, independent contractors who provide student transportation
4to schools, recreation camps, colleges and universities, day
5care facilities, youth sports leagues, amusement parks,
6restaurants, sports arenas, and places of employment. The
7Department shall, by rule, determine what constitutes a day
8care facility under this definition.
9    "Department" means the Department of Public Health.
10    "Epinephrine auto-injector" means a single-use device used
11for the automatic injection of a pre-measured dose of
12epinephrine into the human body.
13    "Health care practitioner" means a physician licensed to
14practice medicine in all its branches under the Medical
15Practice Act of 1987, a physician assistant under the Physician
16Assistant Practice Act of 1987 with prescriptive authority, or
17an advanced practice registered nurse with prescribing
18authority under Article 65 of the Nurse Practice Act.
19    "Pharmacist" has the meaning given to that term under
20subsection (k-5) of Section 3 of the Pharmacy Practice Act.
21    "Undesignated epinephrine auto-injector" means an
22epinephrine auto-injector prescribed in the name of an
23authorized entity.
24(Source: P.A. 99-711, eff. 1-1-17.)
 
25    Section 245. The Lead Poisoning Prevention Act is amended

 

 

HB3472- 495 -LRB100 05726 SMS 15748 b

1by changing Section 6.2 as follows:
 
2    (410 ILCS 45/6.2)  (from Ch. 111 1/2, par. 1306.2)
3    Sec. 6.2. Testing children and pregnant persons.
4    (a) Any physician licensed to practice medicine in all its
5branches or health care provider who sees or treats children 6
6years of age or younger shall test those children for lead
7poisoning when those children reside in an area defined as high
8risk by the Department. Children residing in areas defined as
9low risk by the Department shall be evaluated for risk by the
10Childhood Lead Risk Questionnaire developed by the Department
11and tested if indicated. Children shall be evaluated in
12accordance with rules adopted by the Department.
13    (b) Each licensed, registered, or approved health care
14facility serving children 6 years of age or younger, including,
15but not limited to, health departments, hospitals, clinics, and
16health maintenance organizations approved, registered, or
17licensed by the Department, shall take the appropriate steps to
18ensure that children 6 years of age or younger be evaluated for
19risk or tested for lead poisoning or both.
20    (c) Children 7 years and older and pregnant persons may
21also be tested by physicians or health care providers, in
22accordance with rules adopted by the Department. Physicians and
23health care providers shall also evaluate children for lead
24poisoning in conjunction with the school health examination, as
25required under the School Code, when, in the medical judgment

 

 

HB3472- 496 -LRB100 05726 SMS 15748 b

1of the physician, advanced practice registered nurse, or
2physician assistant, the child is potentially at high risk of
3lead poisoning.
4    (d) (Blank).
5(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15; 99-173,
6eff. 7-29-15.)
 
7    Section 250. The Medical Patient Rights Act is amended by
8changing Section 7 as follows:
 
9    (410 ILCS 50/7)
10    Sec. 7. Patient examination. Any physician, medical
11student, resident, advanced practice registered nurse,
12registered nurse, or physician assistant who provides
13treatment or care to a patient shall inform the patient of his
14or her profession upon providing the treatment or care, which
15includes but is not limited to any physical examination, such
16as a pelvic examination. In the case of an unconscious patient,
17any care or treatment must be related to the patient's illness,
18condition, or disease.
19(Source: P.A. 93-771, eff. 7-21-04.)
 
20    Section 255. The Sexual Assault Survivors Emergency
21Treatment Act is amended by changing Sections 1a, 2.2, 5, 5.5,
22and 6.5 as follows:
 

 

 

HB3472- 497 -LRB100 05726 SMS 15748 b

1    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
2    Sec. 1a. Definitions. In this Act:
3    "Ambulance provider" means an individual or entity that
4owns and operates a business or service using ambulances or
5emergency medical services vehicles to transport emergency
6patients.
7    "Areawide sexual assault treatment plan" means a plan,
8developed by the hospitals in the community or area to be
9served, which provides for hospital emergency services to
10sexual assault survivors that shall be made available by each
11of the participating hospitals.
12    "Department" means the Department of Public Health.
13    "Emergency contraception" means medication as approved by
14the federal Food and Drug Administration (FDA) that can
15significantly reduce the risk of pregnancy if taken within 72
16hours after sexual assault.
17    "Follow-up healthcare" means healthcare services related
18to a sexual assault, including laboratory services and pharmacy
19services, rendered within 90 days of the initial visit for
20hospital emergency services.
21    "Forensic services" means the collection of evidence
22pursuant to a statewide sexual assault evidence collection
23program administered by the Department of State Police, using
24the Illinois State Police Sexual Assault Evidence Collection
25Kit.
26    "Health care professional" means a physician, a physician

 

 

HB3472- 498 -LRB100 05726 SMS 15748 b

1assistant, or an advanced practice registered nurse.
2    "Hospital" has the meaning given to that term in the
3Hospital Licensing Act.
4    "Hospital emergency services" means healthcare delivered
5to outpatients within or under the care and supervision of
6personnel working in a designated emergency department of a
7hospital, including, but not limited to, care ordered by such
8personnel for a sexual assault survivor in the emergency
9department.
10    "Illinois State Police Sexual Assault Evidence Collection
11Kit" means a prepackaged set of materials and forms to be used
12for the collection of evidence relating to sexual assault. The
13standardized evidence collection kit for the State of Illinois
14shall be the Illinois State Police Sexual Assault Evidence
15Collection Kit.
16    "Law enforcement agency having jurisdiction" means the law
17enforcement agency in the jurisdiction where an alleged sexual
18assault or sexual abuse occurred.
19    "Nurse" means a nurse licensed under the Nurse Practice
20Act.
21    "Physician" means a person licensed to practice medicine in
22all its branches.
23    "Sexual assault" means an act of nonconsensual sexual
24conduct or sexual penetration, as defined in Section 11-0.1 of
25the Criminal Code of 2012, including, without limitation, acts
26prohibited under Sections 11-1.20 through 11-1.60 of the

 

 

HB3472- 499 -LRB100 05726 SMS 15748 b

1Criminal Code of 2012.
2    "Sexual assault survivor" means a person who presents for
3hospital emergency services in relation to injuries or trauma
4resulting from a sexual assault.
5    "Sexual assault transfer plan" means a written plan
6developed by a hospital and approved by the Department, which
7describes the hospital's procedures for transferring sexual
8assault survivors to another hospital in order to receive
9emergency treatment.
10    "Sexual assault treatment plan" means a written plan
11developed by a hospital that describes the hospital's
12procedures and protocols for providing hospital emergency
13services and forensic services to sexual assault survivors who
14present themselves for such services, either directly or
15through transfer from another hospital.
16    "Transfer services" means the appropriate medical
17screening examination and necessary stabilizing treatment
18prior to the transfer of a sexual assault survivor to a
19hospital that provides hospital emergency services and
20forensic services to sexual assault survivors pursuant to a
21sexual assault treatment plan or areawide sexual assault
22treatment plan.
23    "Voucher" means a document generated by a hospital at the
24time the sexual assault survivor receives hospital emergency
25and forensic services that a sexual assault survivor may
26present to providers for follow-up healthcare.

 

 

HB3472- 500 -LRB100 05726 SMS 15748 b

1(Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17.)
 
2    (410 ILCS 70/2.2)
3    Sec. 2.2. Emergency contraception.
4    (a) The General Assembly finds:
5        (1) Crimes of sexual assault and sexual abuse cause
6    significant physical, emotional, and psychological trauma
7    to the victims. This trauma is compounded by a victim's
8    fear of becoming pregnant and bearing a child as a result
9    of the sexual assault.
10        (2) Each year over 32,000 women become pregnant in the
11    United States as the result of rape and approximately 50%
12    of these pregnancies end in abortion.
13        (3) As approved for use by the Federal Food and Drug
14    Administration (FDA), emergency contraception can
15    significantly reduce the risk of pregnancy if taken within
16    72 hours after the sexual assault.
17        (4) By providing emergency contraception to rape
18    victims in a timely manner, the trauma of rape can be
19    significantly reduced.
20    (b) Within 120 days after the effective date of this
21amendatory Act of the 92nd General Assembly, every hospital
22providing services to sexual assault survivors in accordance
23with a plan approved under Section 2 must develop a protocol
24that ensures that each survivor of sexual assault will receive
25medically and factually accurate and written and oral

 

 

HB3472- 501 -LRB100 05726 SMS 15748 b

1information about emergency contraception; the indications and
2counter-indications and risks associated with the use of
3emergency contraception; and a description of how and when
4victims may be provided emergency contraception upon the
5written order of a physician licensed to practice medicine in
6all its branches, a licensed advanced practice registered
7nurse, or a licensed physician assistant. The Department shall
8approve the protocol if it finds that the implementation of the
9protocol would provide sufficient protection for survivors of
10sexual assault.
11    The hospital shall implement the protocol upon approval by
12the Department. The Department shall adopt rules and
13regulations establishing one or more safe harbor protocols and
14setting minimum acceptable protocol standards that hospitals
15may develop and implement. The Department shall approve any
16protocol that meets those standards. The Department may provide
17a sample acceptable protocol upon request.
18(Source: P.A. 99-173, eff. 7-29-15.)
 
19    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
20    Sec. 5. Minimum requirements for hospitals providing
21hospital emergency services and forensic services to sexual
22assault survivors.
23    (a) Every hospital providing hospital emergency services
24and forensic services to sexual assault survivors under this
25Act shall, as minimum requirements for such services, provide,

 

 

HB3472- 502 -LRB100 05726 SMS 15748 b

1with the consent of the sexual assault survivor, and as ordered
2by the attending physician, an advanced practice registered
3nurse, or a physician assistant, the following:
4        (1) appropriate medical examinations and laboratory
5    tests required to ensure the health, safety, and welfare of
6    a sexual assault survivor or which may be used as evidence
7    in a criminal proceeding against a person accused of the
8    sexual assault, or both; and records of the results of such
9    examinations and tests shall be maintained by the hospital
10    and made available to law enforcement officials upon the
11    request of the sexual assault survivor;
12        (2) appropriate oral and written information
13    concerning the possibility of infection, sexually
14    transmitted disease and pregnancy resulting from sexual
15    assault;
16        (3) appropriate oral and written information
17    concerning accepted medical procedures, medication, and
18    possible contraindications of such medication available
19    for the prevention or treatment of infection or disease
20    resulting from sexual assault;
21        (4) an amount of medication for treatment at the
22    hospital and after discharge as is deemed appropriate by
23    the attending physician, an advanced practice registered
24    nurse, or a physician assistant and consistent with the
25    hospital's current approved protocol for sexual assault
26    survivors;

 

 

HB3472- 503 -LRB100 05726 SMS 15748 b

1        (5) an evaluation of the sexual assault survivor's risk
2    of contracting human immunodeficiency virus (HIV) from the
3    sexual assault;
4        (6) written and oral instructions indicating the need
5    for follow-up examinations and laboratory tests after the
6    sexual assault to determine the presence or absence of
7    sexually transmitted disease;
8        (7) referral by hospital personnel for appropriate
9    counseling; and
10        (8) when HIV prophylaxis is deemed appropriate, an
11    initial dose or doses of HIV prophylaxis, along with
12    written and oral instructions indicating the importance of
13    timely follow-up healthcare.
14    (b) Any person who is a sexual assault survivor who seeks
15emergency hospital services and forensic services or follow-up
16healthcare under this Act shall be provided such services
17without the consent of any parent, guardian, custodian,
18surrogate, or agent.
19    (b-5) Every treating hospital providing hospital emergency
20and forensic services to sexual assault survivors shall issue a
21voucher to any sexual assault survivor who is eligible to
22receive one. The hospital shall make a copy of the voucher and
23place it in the medical record of the sexual assault survivor.
24The hospital shall provide a copy of the voucher to the sexual
25assault survivor after discharge upon request.
26    (c) Nothing in this Section creates a physician-patient

 

 

HB3472- 504 -LRB100 05726 SMS 15748 b

1relationship that extends beyond discharge from the hospital
2emergency department.
3(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
499-642, eff. 7-28-16.)
 
5    (410 ILCS 70/5.5)
6    Sec. 5.5. Minimum reimbursement requirements for follow-up
7healthcare.
8    (a) Every hospital, health care professional, laboratory,
9or pharmacy that provides follow-up healthcare to a sexual
10assault survivor, with the consent of the sexual assault
11survivor and as ordered by the attending physician, an advanced
12practice registered nurse, or physician assistant shall be
13reimbursed for the follow-up healthcare services provided.
14Follow-up healthcare services include, but are not limited to,
15the following:
16        (1) a physical examination;
17        (2) laboratory tests to determine the presence or
18    absence of sexually transmitted disease; and
19        (3) appropriate medications, including HIV
20    prophylaxis.
21    (b) Reimbursable follow-up healthcare is limited to office
22visits with a physician, advanced practice registered nurse, or
23physician assistant within 90 days after an initial visit for
24hospital emergency services.
25    (c) Nothing in this Section requires a hospital, health

 

 

HB3472- 505 -LRB100 05726 SMS 15748 b

1care professional, laboratory, or pharmacy to provide
2follow-up healthcare to a sexual assault survivor.
3(Source: P.A. 99-173, eff. 7-29-15.)
 
4    (410 ILCS 70/6.5)
5    Sec. 6.5. Written consent to the release of sexual assault
6evidence for testing.
7    (a) Upon the completion of hospital emergency services and
8forensic services, the health care professional providing the
9forensic services shall provide the patient the opportunity to
10sign a written consent to allow law enforcement to submit the
11sexual assault evidence for testing. The written consent shall
12be on a form included in the sexual assault evidence collection
13kit and shall include whether the survivor consents to the
14release of information about the sexual assault to law
15enforcement.
16        (1) A survivor 13 years of age or older may sign the
17    written consent to release the evidence for testing.
18        (2) If the survivor is a minor who is under 13 years of
19    age, the written consent to release the sexual assault
20    evidence for testing may be signed by the parent, guardian,
21    investigating law enforcement officer, or Department of
22    Children and Family Services.
23        (3) If the survivor is an adult who has a guardian of
24    the person, a health care surrogate, or an agent acting
25    under a health care power of attorney, the consent of the

 

 

HB3472- 506 -LRB100 05726 SMS 15748 b

1    guardian, surrogate, or agent is not required to release
2    evidence and information concerning the sexual assault or
3    sexual abuse. If the adult is unable to provide consent for
4    the release of evidence and information and a guardian,
5    surrogate, or agent under a health care power of attorney
6    is unavailable or unwilling to release the information,
7    then an investigating law enforcement officer may
8    authorize the release.
9        (4) Any health care professional, including any
10    physician, advanced practice registered nurse, physician
11    assistant, or nurse, sexual assault nurse examiner, and any
12    health care institution, including any hospital, who
13    provides evidence or information to a law enforcement
14    officer under a written consent as specified in this
15    Section is immune from any civil or professional liability
16    that might arise from those actions, with the exception of
17    willful or wanton misconduct. The immunity provision
18    applies only if all of the requirements of this Section are
19    met.
20    (b) The hospital shall keep a copy of a signed or unsigned
21written consent form in the patient's medical record.
22    (c) If a written consent to allow law enforcement to test
23the sexual assault evidence is not signed at the completion of
24hospital emergency services and forensic services, the
25hospital shall include the following information in its
26discharge instructions:

 

 

HB3472- 507 -LRB100 05726 SMS 15748 b

1        (1) the sexual assault evidence will be stored for 5
2    years from the completion of an Illinois State Police
3    Sexual Assault Evidence Collection Kit, or 5 years from the
4    age of 18 years, whichever is longer;
5        (2) a person authorized to consent to the testing of
6    the sexual assault evidence may sign a written consent to
7    allow law enforcement to test the sexual assault evidence
8    at any time during that 5-year period for an adult victim,
9    or until a minor victim turns 23 years of age by (A)
10    contacting the law enforcement agency having jurisdiction,
11    or if unknown, the law enforcement agency contacted by the
12    hospital under Section 3.2 of the Criminal Identification
13    Act; or (B) by working with an advocate at a rape crisis
14    center;
15        (3) the name, address, and phone number of the law
16    enforcement agency having jurisdiction, or if unknown the
17    name, address, and phone number of the law enforcement
18    agency contacted by the hospital under Section 3.2 of the
19    Criminal Identification Act; and
20        (4) the name and phone number of a local rape crisis
21    center.
22(Source: P.A. 99-801, eff. 1-1-17.)
 
23    Section 260. The Consent by Minors to Medical Procedures
24Act is amended by changing Sections 1, 1.5, 2, 3, and 5 as
25follows:
 

 

 

HB3472- 508 -LRB100 05726 SMS 15748 b

1    (410 ILCS 210/1)  (from Ch. 111, par. 4501)
2    Sec. 1. Consent by minor. The consent to the performance of
3a medical or surgical procedure by a physician licensed to
4practice medicine and surgery, a licensed advanced practice
5registered nurse, or a licensed physician assistant executed by
6a married person who is a minor, by a parent who is a minor, by
7a pregnant woman who is a minor, or by any person 18 years of
8age or older, is not voidable because of such minority, and,
9for such purpose, a married person who is a minor, a parent who
10is a minor, a pregnant woman who is a minor, or any person 18
11years of age or older, is deemed to have the same legal
12capacity to act and has the same powers and obligations as has
13a person of legal age.
14(Source: P.A. 99-173, eff. 7-29-15.)
 
15    (410 ILCS 210/1.5)
16    Sec. 1.5. Consent by minor seeking care for primary care
17services.
18    (a) The consent to the performance of primary care services
19by a physician licensed to practice medicine in all its
20branches, a licensed advanced practice registered nurse, or a
21licensed physician assistant executed by a minor seeking care
22is not voidable because of such minority, and for such purpose,
23a minor seeking care is deemed to have the same legal capacity
24to act and has the same powers and obligations as has a person

 

 

HB3472- 509 -LRB100 05726 SMS 15748 b

1of legal age under the following circumstances:
2        (1) the health care professional reasonably believes
3    that the minor seeking care understands the benefits and
4    risks of any proposed primary care or services; and
5        (2) the minor seeking care is identified in writing as
6    a minor seeking care by:
7            (A) an adult relative;
8            (B) a representative of a homeless service agency
9        that receives federal, State, county, or municipal
10        funding to provide those services or that is otherwise
11        sanctioned by a local continuum of care;
12            (C) an attorney licensed to practice law in this
13        State;
14            (D) a public school homeless liaison or school
15        social worker;
16            (E) a social service agency providing services to
17        at risk, homeless, or runaway youth; or
18            (F) a representative of a religious organization.
19    (b) A health care professional rendering primary care
20services under this Section shall not incur civil or criminal
21liability for failure to obtain valid consent or professional
22discipline for failure to obtain valid consent if he or she
23relied in good faith on the representations made by the minor
24or the information provided under paragraph (2) of subsection
25(a) of this Section. Under such circumstances, good faith shall
26be presumed.

 

 

HB3472- 510 -LRB100 05726 SMS 15748 b

1    (c) The confidential nature of any communication between a
2health care professional described in Section 1 of this Act and
3a minor seeking care is not waived (1) by the presence, at the
4time of communication, of any additional persons present at the
5request of the minor seeking care, (2) by the health care
6professional's disclosure of confidential information to the
7additional person with the consent of the minor seeking care,
8when reasonably necessary to accomplish the purpose for which
9the additional person is consulted, or (3) by the health care
10professional billing a health benefit insurance or plan under
11which the minor seeking care is insured, is enrolled, or has
12coverage for the services provided.
13    (d) Nothing in this Section shall be construed to limit or
14expand a minor's existing powers and obligations under any
15federal, State, or local law. Nothing in this Section shall be
16construed to affect the Parental Notice of Abortion Act of
171995. Nothing in this Section affects the right or authority of
18a parent or legal guardian to verbally, in writing, or
19otherwise authorize health care services to be provided for a
20minor in their absence.
21    (e) For the purposes of this Section:
22        "Minor seeking care" means a person at least 14 years
23    of age but less than 18 years of age who is living separate
24    and apart from his or her parents or legal guardian,
25    whether with or without the consent of a parent or legal
26    guardian who is unable or unwilling to return to the

 

 

HB3472- 511 -LRB100 05726 SMS 15748 b

1    residence of a parent, and managing his or her own personal
2    affairs. "Minor seeking care" does not include minors who
3    are under the protective custody, temporary custody, or
4    guardianship of the Department of Children and Family
5    Services.
6        "Primary care services" means health care services
7    that include screening, counseling, immunizations,
8    medication, and treatment of illness and conditions
9    customarily provided by licensed health care professionals
10    in an out-patient setting. "Primary care services" does not
11    include invasive care, beyond standard injections,
12    laceration care, or non-surgical fracture care.
13(Source: P.A. 98-671, eff. 10-1-14; 99-173, eff. 7-29-15.)
 
14    (410 ILCS 210/2)  (from Ch. 111, par. 4502)
15    Sec. 2. Any parent, including a parent who is a minor, may
16consent to the performance upon his or her child of a medical
17or surgical procedure by a physician licensed to practice
18medicine and surgery, a licensed advanced practice registered
19nurse, or a licensed physician assistant or a dental procedure
20by a licensed dentist. The consent of a parent who is a minor
21shall not be voidable because of such minority, but, for such
22purpose, a parent who is a minor shall be deemed to have the
23same legal capacity to act and shall have the same powers and
24obligations as has a person of legal age.
25(Source: P.A. 99-173, eff. 7-29-15.)
 

 

 

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1    (410 ILCS 210/3)  (from Ch. 111, par. 4503)
2    Sec. 3. (a) Where a hospital, a physician licensed to
3practice medicine or surgery, a licensed advanced practice
4registered nurse, or a licensed physician assistant renders
5emergency treatment or first aid or a licensed dentist renders
6emergency dental treatment to a minor, consent of the minor's
7parent or legal guardian need not be obtained if, in the sole
8opinion of the physician, advanced practice registered nurse,
9physician assistant, dentist, or hospital, the obtaining of
10consent is not reasonably feasible under the circumstances
11without adversely affecting the condition of such minor's
12health.
13    (b) Where a minor is the victim of a predatory criminal
14sexual assault of a child, aggravated criminal sexual assault,
15criminal sexual assault, aggravated criminal sexual abuse or
16criminal sexual abuse, as provided in Sections 11-1.20 through
1711-1.60 of the Criminal Code of 2012, the consent of the
18minor's parent or legal guardian need not be obtained to
19authorize a hospital, physician, advanced practice registered
20nurse, physician assistant, or other medical personnel to
21furnish medical care or counseling related to the diagnosis or
22treatment of any disease or injury arising from such offense.
23The minor may consent to such counseling, diagnosis or
24treatment as if the minor had reached his or her age of
25majority. Such consent shall not be voidable, nor subject to

 

 

HB3472- 513 -LRB100 05726 SMS 15748 b

1later disaffirmance, because of minority.
2(Source: P.A. 99-173, eff. 7-29-15.)
 
3    (410 ILCS 210/5)  (from Ch. 111, par. 4505)
4    Sec. 5. Counseling; informing parent or guardian. Any
5physician, advanced practice registered nurse, or physician
6assistant, who provides diagnosis or treatment or any licensed
7clinical psychologist or professionally trained social worker
8with a master's degree or any qualified person employed (i) by
9an organization licensed or funded by the Department of Human
10Services, (ii) by units of local government, or (iii) by
11agencies or organizations operating drug abuse programs funded
12or licensed by the Federal Government or the State of Illinois
13or any qualified person employed by or associated with any
14public or private alcoholism or drug abuse program licensed by
15the State of Illinois who provides counseling to a minor
16patient who has come into contact with any sexually transmitted
17disease referred to in Section 4 of this Act may, but shall not
18be obligated to, inform the parent, parents, or guardian of the
19minor as to the treatment given or needed. Any person described
20in this Section who provides counseling to a minor who abuses
21drugs or alcohol or has a family member who abuses drugs or
22alcohol shall not inform the parent, parents, guardian, or
23other responsible adult of the minor's condition or treatment
24without the minor's consent unless that action is, in the
25person's judgment, necessary to protect the safety of the

 

 

HB3472- 514 -LRB100 05726 SMS 15748 b

1minor, a family member, or another individual.
2    Any such person shall, upon the minor's consent, make
3reasonable efforts to involve the family of the minor in his or
4her treatment, if the person furnishing the treatment believes
5that the involvement of the family will not be detrimental to
6the progress and care of the minor. Reasonable effort shall be
7extended to assist the minor in accepting the involvement of
8his or her family in the care and treatment being given.
9(Source: P.A. 93-962, eff. 8-20-04.)
 
10    Section 265. The Early Hearing Detection and Intervention
11Act is amended by changing Section 10 as follows:
 
12    (410 ILCS 213/10)
13    Sec. 10. Reports to Department of Public Health.
14Physicians, advanced practice registered nurses, physician
15assistants, otolaryngologists, audiologists, ancillary health
16care providers, early intervention programs and providers,
17parent-to-parent support programs, the Department of Human
18Services, and the University of Illinois at Chicago Division of
19Specialized Care for Children shall report all hearing testing,
20medical treatment, and intervention outcomes related to
21newborn hearing screening or newly identified hearing loss for
22children birth through 6 years of age to the Department.
23Reporting shall be done within 7 days after the date of service
24or after an inquiry from the Department. Reports shall be in a

 

 

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1format determined by the Department.
2(Source: P.A. 99-834, eff. 8-19-16.)
 
3    Section 270. The Prenatal and Newborn Care Act is amended
4by changing Sections 2 and 6 as follows:
 
5    (410 ILCS 225/2)  (from Ch. 111 1/2, par. 7022)
6    Sec. 2. Definitions. As used in this Act, unless the
7context otherwise requires:
8    "Advanced practice registered nurse" or "APRN" "APN" means
9an advanced practice registered nurse licensed under the Nurse
10Practice Act.
11    "Department" means the Illinois Department of Human
12Services.
13    "Early and Periodic Screening, Diagnosis and Treatment
14(EPSDT)" means the provision of preventative health care under
1542 C.F.R. 441.50 et seq., including medical and dental
16services, needed to assess growth and development and detect
17and treat health problems.
18    "Hospital" means a hospital as defined under the Hospital
19Licensing Act.
20    "Local health authority" means the full-time official
21health department or board of health, as recognized by the
22Illinois Department of Public Health, having jurisdiction over
23a particular area.
24    "Nurse" means a nurse licensed under the Nurse Practice

 

 

HB3472- 516 -LRB100 05726 SMS 15748 b

1Act.
2    "Physician" means a physician licensed to practice
3medicine in all of its branches.
4    "Physician assistant" means a physician assistant licensed
5under the Physician Assistant Practice Act of 1987.
6    "Postnatal visit" means a visit occurring after birth, with
7reference to the newborn.
8    "Prenatal visit" means a visit occurring before birth.
9    "Program" means the Prenatal and Newborn Care Program
10established pursuant to this Act.
11(Source: P.A. 99-173, eff. 7-29-15.)
 
12    (410 ILCS 225/6)  (from Ch. 111 1/2, par. 7026)
13    Sec. 6. Covered services.
14    (a) Covered services under the program may include, but are
15not necessarily limited to, the following:
16        (1) Laboratory services related to a recipient's
17    pregnancy, performed or ordered by a physician, advanced
18    practice registered nurse, or physician assistant.
19        (2) Screening and treatment for sexually transmitted
20    disease.
21        (3) Prenatal visits to a physician in the physician's
22    office, an advanced practice registered nurse in the
23    advanced practice registered nurse's office, a physician
24    assistant in the physician assistant's office, or to a
25    hospital outpatient prenatal clinic, local health

 

 

HB3472- 517 -LRB100 05726 SMS 15748 b

1    department maternity clinic, or community health center.
2        (4) Radiology services which are directly related to
3    the pregnancy, are determined to be medically necessary and
4    are ordered by a physician, an advanced practice registered
5    nurse, or a physician assistant.
6        (5) Pharmacy services related to the pregnancy.
7        (6) Other medical consultations related to the
8    pregnancy.
9        (7) Physician, advanced practice registered nurse,
10    physician assistant, or nurse services associated with
11    delivery.
12        (8) One postnatal office visit within 60 days after
13    delivery.
14        (9) Two EPSDT-equivalent screenings for the infant
15    within 90 days after birth.
16        (10) Social and support services.
17        (11) Nutrition services.
18        (12) Case management services.
19    (b) The following services shall not be covered under the
20program:
21        (1) Services determined by the Department not to be
22    medically necessary.
23        (2) Services not directly related to the pregnancy,
24    except for the 2 covered EPSDT-equivalent screenings.
25        (3) Hospital inpatient services.
26        (4) Anesthesiologist and radiologist services during a

 

 

HB3472- 518 -LRB100 05726 SMS 15748 b

1    period of hospital inpatient care.
2        (5) Physician, advanced practice registered nurse, and
3    physician assistant hospital visits.
4        (6) Services considered investigational or
5    experimental.
6(Source: P.A. 93-962, eff. 8-20-04.)
 
7    Section 275. The AIDS Confidentiality Act is amended by
8changing Section 3 as follows:
 
9    (410 ILCS 305/3)  (from Ch. 111 1/2, par. 7303)
10    Sec. 3. Definitions. When used in this Act:
11    (a) "AIDS" means acquired immunodeficiency syndrome.
12    (b) "Authority" means the Illinois Health Information
13Exchange Authority established pursuant to the Illinois Health
14Information Exchange and Technology Act.
15    (c) "Business associate" has the meaning ascribed to it
16under HIPAA, as specified in 45 CFR 160.103.
17    (d) "Covered entity" has the meaning ascribed to it under
18HIPAA, as specified in 45 CFR 160.103.
19    (e) "De-identified information" means health information
20that is not individually identifiable as described under HIPAA,
21as specified in 45 CFR 164.514(b).
22    (f) "Department" means the Illinois Department of Public
23Health or its designated agents.
24    (g) "Disclosure" has the meaning ascribed to it under

 

 

HB3472- 519 -LRB100 05726 SMS 15748 b

1HIPAA, as specified in 45 CFR 160.103.
2    (h) "Health care operations" has the meaning ascribed to it
3under HIPAA, as specified in 45 CFR 164.501.
4    (i) "Health care professional" means (i) a licensed
5physician, (ii) a licensed physician assistant, (iii) a
6licensed advanced practice registered nurse, (iv) an advanced
7practice registered nurse or physician assistant who practices
8in a hospital or ambulatory surgical treatment center and
9possesses appropriate clinical privileges, (v) a licensed
10dentist, (vi) a licensed podiatric physician, or (vii) an
11individual certified to provide HIV testing and counseling by a
12state or local public health department.
13    (j) "Health care provider" has the meaning ascribed to it
14under HIPAA, as specified in 45 CFR 160.103.
15    (k) "Health facility" means a hospital, nursing home, blood
16bank, blood center, sperm bank, or other health care
17institution, including any "health facility" as that term is
18defined in the Illinois Finance Authority Act.
19    (l) "Health information exchange" or "HIE" means a health
20information exchange or health information organization that
21oversees and governs the electronic exchange of health
22information that (i) is established pursuant to the Illinois
23Health Information Exchange and Technology Act, or any
24subsequent amendments thereto, and any administrative rules
25adopted thereunder; (ii) has established a data sharing
26arrangement with the Authority; or (iii) as of August 16, 2013,

 

 

HB3472- 520 -LRB100 05726 SMS 15748 b

1was designated by the Authority Board as a member of, or was
2represented on, the Authority Board's Regional Health
3Information Exchange Workgroup; provided that such designation
4shall not require the establishment of a data sharing
5arrangement or other participation with the Illinois Health
6Information Exchange or the payment of any fee. In certain
7circumstances, in accordance with HIPAA, an HIE will be a
8business associate.
9    (m) "Health oversight agency" has the meaning ascribed to
10it under HIPAA, as specified in 45 CFR 164.501.
11    (n) "HIPAA" means the Health Insurance Portability and
12Accountability Act of 1996, Public Law 104-191, as amended by
13the Health Information Technology for Economic and Clinical
14Health Act of 2009, Public Law 111-05, and any subsequent
15amendments thereto and any regulations promulgated thereunder.
16    (o) "HIV" means the human immunodeficiency virus.
17    (p) "HIV-related information" means the identity of a
18person upon whom an HIV test is performed, the results of an
19HIV test, as well as diagnosis, treatment, and prescription
20information that reveals a patient is HIV-positive, including
21such information contained in a limited data set. "HIV-related
22information" does not include information that has been
23de-identified in accordance with HIPAA.
24    (q) "Informed consent" means:
25        (1) where a health care provider, health care
26    professional, or health facility has implemented opt-in

 

 

HB3472- 521 -LRB100 05726 SMS 15748 b

1    testing, a process by which an individual or their legal
2    representative receives pre-test information, has an
3    opportunity to ask questions, and consents verbally or in
4    writing to the test without undue inducement or any element
5    of force, fraud, deceit, duress, or other form of
6    constraint or coercion; or
7        (2) where a health care provider, health care
8    professional, or health facility has implemented opt-out
9    testing, the individual or their legal representative has
10    been notified verbally or in writing that the test is
11    planned, has received pre-test information, has been given
12    the opportunity to ask questions and the opportunity to
13    decline testing, and has not declined testing; where such
14    notice is provided, consent for opt-out HIV testing may be
15    incorporated into the patient's general consent for
16    medical care on the same basis as are other screening or
17    diagnostic tests; a separate consent for opt-out HIV
18    testing is not required.
19    In addition, where the person providing informed consent is
20a participant in an HIE, informed consent requires a fair
21explanation that the results of the patient's HIV test will be
22accessible through an HIE and meaningful disclosure of the
23patient's opt-out right under Section 9.6 of this Act.
24    A health care provider, health care professional, or health
25facility undertaking an informed consent process for HIV
26testing under this subsection may combine a form used to obtain

 

 

HB3472- 522 -LRB100 05726 SMS 15748 b

1informed consent for HIV testing with forms used to obtain
2written consent for general medical care or any other medical
3test or procedure, provided that the forms make it clear that
4the subject may consent to general medical care, tests, or
5procedures without being required to consent to HIV testing,
6and clearly explain how the subject may decline HIV testing.
7Health facility clerical staff or other staff responsible for
8the consent form for general medical care may obtain consent
9for HIV testing through a general consent form.
10    (r) "Limited data set" has the meaning ascribed to it under
11HIPAA, as described in 45 CFR 164.514(e)(2).
12    (s) "Minimum necessary" means the HIPAA standard for using,
13disclosing, and requesting protected health information found
14in 45 CFR 164.502(b) and 164.514(d).
15    (s-1) "Opt-in testing" means an approach where an HIV test
16is presented by offering the test and the patient accepts or
17declines testing.
18    (s-3) "Opt-out testing" means an approach where an HIV test
19is presented such that a patient is notified that HIV testing
20may occur unless the patient declines.
21    (t) "Organized health care arrangement" has the meaning
22ascribed to it under HIPAA, as specified in 45 CFR 160.103.
23    (u) "Patient safety activities" has the meaning ascribed to
24it under 42 CFR 3.20.
25    (v) "Payment" has the meaning ascribed to it under HIPAA,
26as specified in 45 CFR 164.501.

 

 

HB3472- 523 -LRB100 05726 SMS 15748 b

1    (w) "Person" includes any natural person, partnership,
2association, joint venture, trust, governmental entity, public
3or private corporation, health facility, or other legal entity.
4    (w-5) "Pre-test information" means:
5        (1) a reasonable explanation of the test, including its
6    purpose, potential uses, limitations, and the meaning of
7    its results; and
8        (2) a reasonable explanation of the procedures to be
9    followed, including the voluntary nature of the test, the
10    availability of a qualified person to answer questions, the
11    right to withdraw consent to the testing process at any
12    time, the right to anonymity to the extent provided by law
13    with respect to participation in the test and disclosure of
14    test results, and the right to confidential treatment of
15    information identifying the subject of the test and the
16    results of the test, to the extent provided by law.
17    Pre-test information may be provided in writing, verbally,
18or by video, electronic, or other means and may be provided as
19designated by the supervising health care professional or the
20health facility.
21    For the purposes of this definition, a qualified person to
22answer questions is a health care professional or, when acting
23under the supervision of a health care professional, a
24registered nurse, medical assistant, or other person
25determined to be sufficiently knowledgeable about HIV testing,
26its purpose, potential uses, limitations, the meaning of the

 

 

HB3472- 524 -LRB100 05726 SMS 15748 b

1test results, and the testing procedures in the professional
2judgment of a supervising health care professional or as
3designated by a health care facility.
4    (x) "Protected health information" has the meaning
5ascribed to it under HIPAA, as specified in 45 CFR 160.103.
6    (y) "Research" has the meaning ascribed to it under HIPAA,
7as specified in 45 CFR 164.501.
8    (z) "State agency" means an instrumentality of the State of
9Illinois and any instrumentality of another state that,
10pursuant to applicable law or a written undertaking with an
11instrumentality of the State of Illinois, is bound to protect
12the privacy of HIV-related information of Illinois persons.
13    (aa) "Test" or "HIV test" means a test to determine the
14presence of the antibody or antigen to HIV, or of HIV
15infection.
16    (bb) "Treatment" has the meaning ascribed to it under
17HIPAA, as specified in 45 CFR 164.501.
18    (cc) "Use" has the meaning ascribed to it under HIPAA, as
19specified in 45 CFR 160.103, where context dictates.
20(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15; 99-54,
21eff. 1-1-16; 99-173, eff. 7-29-15; 99-642, eff. 7-28-16.)
 
22    Section 280. The Illinois Sexually Transmissible Disease
23Control Act is amended by changing Sections 3, 4, and 5.5 as
24follows:
 

 

 

HB3472- 525 -LRB100 05726 SMS 15748 b

1    (410 ILCS 325/3)  (from Ch. 111 1/2, par. 7403)
2    Sec. 3. Definitions. As used in this Act, unless the
3context clearly requires otherwise:
4    (1) "Department" means the Department of Public Health.
5    (2) "Local health authority" means the full-time official
6health department of board of health, as recognized by the
7Department, having jurisdiction over a particular area.
8    (3) "Sexually transmissible disease" means a bacterial,
9viral, fungal or parasitic disease, determined by rule of the
10Department to be sexually transmissible, to be a threat to the
11public health and welfare, and to be a disease for which a
12legitimate public interest will be served by providing for
13regulation and treatment. In considering which diseases are to
14be designated sexually transmissible diseases, the Department
15shall consider such diseases as chancroid, gonorrhea,
16granuloma inguinale, lymphogranuloma venereum, genital herpes
17simplex, chlamydia, nongonococcal urethritis (NGU), pelvic
18inflammatory disease (PID)/Acute Salpingitis, syphilis,
19Acquired Immunodeficiency Syndrome (AIDS), and Human
20Immunodeficiency Virus (HIV) for designation, and shall
21consider the recommendations and classifications of the
22Centers for Disease Control and other nationally recognized
23medical authorities. Not all diseases that are sexually
24transmissible need be designated for purposes of this Act.
25    (4) "Health care professional" means a physician licensed
26to practice medicine in all its branches, a licensed physician

 

 

HB3472- 526 -LRB100 05726 SMS 15748 b

1assistant, or a licensed advanced practice registered nurse.
2    (5) "Expedited partner therapy" means to prescribe,
3dispense, furnish, or otherwise provide prescription
4antibiotic drugs to the partner or partners of persons
5clinically diagnosed as infected with a sexually transmissible
6disease, without physical examination of the partner or
7partners.
8(Source: P.A. 99-173, eff. 7-29-15.)
 
9    (410 ILCS 325/4)  (from Ch. 111 1/2, par. 7404)
10    Sec. 4. Reporting required.
11    (a) A physician licensed under the provisions of the
12Medical Practice Act of 1987, an advanced practice registered
13nurse licensed under the provisions of the Nurse Practice Act,
14or a physician assistant licensed under the provisions of the
15Physician Assistant Practice Act of 1987 who makes a diagnosis
16of or treats a person with a sexually transmissible disease and
17each laboratory that performs a test for a sexually
18transmissible disease which concludes with a positive result
19shall report such facts as may be required by the Department by
20rule, within such time period as the Department may require by
21rule, but in no case to exceed 2 weeks.
22    (b) The Department shall adopt rules specifying the
23information required in reporting a sexually transmissible
24disease, the method of reporting and specifying a minimum time
25period for reporting. In adopting such rules, the Department

 

 

HB3472- 527 -LRB100 05726 SMS 15748 b

1shall consider the need for information, protections for the
2privacy and confidentiality of the patient, and the practical
3abilities of persons and laboratories to report in a reasonable
4fashion.
5    (c) Any person who knowingly or maliciously disseminates
6any false information or report concerning the existence of any
7sexually transmissible disease under this Section is guilty of
8a Class A misdemeanor.
9    (d) Any person who violates the provisions of this Section
10or the rules adopted hereunder may be fined by the Department
11up to $500 for each violation. The Department shall report each
12violation of this Section to the regulatory agency responsible
13for licensing a health care professional or a laboratory to
14which these provisions apply.
15(Source: P.A. 99-173, eff. 7-29-15.)
 
16    (410 ILCS 325/5.5)  (from Ch. 111 1/2, par. 7405.5)
17    Sec. 5.5. Risk assessment.
18    (a) Whenever the Department receives a report of HIV
19infection or AIDS pursuant to this Act and the Department
20determines that the subject of the report may present or may
21have presented a possible risk of HIV transmission, the
22Department shall, when medically appropriate, investigate the
23subject of the report and that person's contacts as defined in
24subsection (c), to assess the potential risks of transmission.
25Any investigation and action shall be conducted in a timely

 

 

HB3472- 528 -LRB100 05726 SMS 15748 b

1fashion. All contacts other than those defined in subsection
2(c) shall be investigated in accordance with Section 5 of this
3Act.
4    (b) If the Department determines that there is or may have
5been potential risks of HIV transmission from the subject of
6the report to other persons, the Department shall afford the
7subject the opportunity to submit any information and comment
8on proposed actions the Department intends to take with respect
9to the subject's contacts who are at potential risk of
10transmission of HIV prior to notification of the subject's
11contacts. The Department shall also afford the subject of the
12report the opportunity to notify the subject's contacts in a
13timely fashion who are at potential risk of transmission of HIV
14prior to the Department taking any steps to notify such
15contacts. If the subject declines to notify such contacts or if
16the Department determines the notices to be inadequate or
17incomplete, the Department shall endeavor to notify such other
18persons of the potential risk, and offer testing and counseling
19services to these individuals. When the contacts are notified,
20they shall be informed of the disclosure provisions of the AIDS
21Confidentiality Act and the penalties therein and this Section.
22    (c) Contacts investigated under this Section shall in the
23case of HIV infection include (i) individuals who have
24undergone invasive procedures performed by an HIV infected
25health care provider and (ii) health care providers who have
26performed invasive procedures for persons infected with HIV,

 

 

HB3472- 529 -LRB100 05726 SMS 15748 b

1provided the Department has determined that there is or may
2have been potential risk of HIV transmission from the health
3care provider to those individuals or from infected persons to
4health care providers. The Department shall have access to the
5subject's records to review for the identity of contacts. The
6subject's records shall not be copied or seized by the
7Department.
8    For purposes of this subsection, the term "invasive
9procedures" means those procedures termed invasive by the
10Centers for Disease Control in current guidelines or
11recommendations for the prevention of HIV transmission in
12health care settings, and the term "health care provider" means
13any physician, dentist, podiatric physician, advanced practice
14registered nurse, physician assistant, nurse, or other person
15providing health care services of any kind.
16    (d) All information and records held by the Department and
17local health authorities pertaining to activities conducted
18pursuant to this Section shall be strictly confidential and
19exempt from copying and inspection under the Freedom of
20Information Act. Such information and records shall not be
21released or made public by the Department or local health
22authorities, and shall not be admissible as evidence, nor
23discoverable in any action of any kind in any court or before
24any tribunal, board, agency or person and shall be treated in
25the same manner as the information and those records subject to
26the provisions of Part 21 of Article VIII of the Code of Civil

 

 

HB3472- 530 -LRB100 05726 SMS 15748 b

1Procedure except under the following circumstances:
2        (1) When made with the written consent of all persons
3    to whom this information pertains;
4        (2) When authorized under Section 8 to be released
5    under court order or subpoena pursuant to Section 12-5.01
6    or 12-16.2 of the Criminal Code of 1961 or the Criminal
7    Code of 2012; or
8        (3) When made by the Department for the purpose of
9    seeking a warrant authorized by Sections 6 and 7 of this
10    Act. Such disclosure shall conform to the requirements of
11    subsection (a) of Section 8 of this Act.
12    (e) Any person who knowingly or maliciously disseminates
13any information or report concerning the existence of any
14disease under this Section is guilty of a Class A misdemeanor.
15(Source: P.A. 98-214, eff. 8-9-13; 98-756, eff. 7-16-14;
1699-642, eff. 7-28-16.)
 
17    Section 285. The Perinatal HIV Prevention Act is amended by
18changing Section 5 as follows:
 
19    (410 ILCS 335/5)
20    Sec. 5. Definitions. In this Act:
21    "Department" means the Department of Public Health.
22    "Health care professional" means a physician licensed to
23practice medicine in all its branches, a licensed physician
24assistant, or a licensed advanced practice registered nurse.

 

 

HB3472- 531 -LRB100 05726 SMS 15748 b

1    "Health care facility" or "facility" means any hospital or
2other institution that is licensed or otherwise authorized to
3deliver health care services.
4    "Health care services" means any prenatal medical care or
5labor or delivery services to a pregnant woman and her newborn
6infant, including hospitalization.
7(Source: P.A. 99-173, eff. 7-29-15.)
 
8    Section 290. The Genetic Information Privacy Act is amended
9by changing Section 10 as follows:
 
10    (410 ILCS 513/10)
11    Sec. 10. Definitions. As used in this Act:
12    "Authority" means the Illinois Health Information Exchange
13Authority established pursuant to the Illinois Health
14Information Exchange and Technology Act.
15    "Business associate" has the meaning ascribed to it under
16HIPAA, as specified in 45 CFR 160.103.
17    "Covered entity" has the meaning ascribed to it under
18HIPAA, as specified in 45 CFR 160.103.
19    "De-identified information" means health information that
20is not individually identifiable as described under HIPAA, as
21specified in 45 CFR 164.514(b).
22    "Disclosure" has the meaning ascribed to it under HIPAA, as
23specified in 45 CFR 160.103.
24    "Employer" means the State of Illinois, any unit of local

 

 

HB3472- 532 -LRB100 05726 SMS 15748 b

1government, and any board, commission, department,
2institution, or school district, any party to a public
3contract, any joint apprenticeship or training committee
4within the State, and every other person employing employees
5within the State.
6    "Employment agency" means both public and private
7employment agencies and any person, labor organization, or
8labor union having a hiring hall or hiring office regularly
9undertaking, with or without compensation, to procure
10opportunities to work, or to procure, recruit, refer, or place
11employees.
12    "Family member" means, with respect to an individual, (i)
13the spouse of the individual; (ii) a dependent child of the
14individual, including a child who is born to or placed for
15adoption with the individual; (iii) any other person qualifying
16as a covered dependent under a managed care plan; and (iv) all
17other individuals related by blood or law to the individual or
18the spouse or child described in subsections (i) through (iii)
19of this definition.
20    "Genetic information" has the meaning ascribed to it under
21HIPAA, as specified in 45 CFR 160.103.
22    "Genetic monitoring" means the periodic examination of
23employees to evaluate acquired modifications to their genetic
24material, such as chromosomal damage or evidence of increased
25occurrence of mutations that may have developed in the course
26of employment due to exposure to toxic substances in the

 

 

HB3472- 533 -LRB100 05726 SMS 15748 b

1workplace in order to identify, evaluate, and respond to
2effects of or control adverse environmental exposures in the
3workplace.
4    "Genetic services" has the meaning ascribed to it under
5HIPAA, as specified in 45 CFR 160.103.
6    "Genetic testing" and "genetic test" have the meaning
7ascribed to "genetic test" under HIPAA, as specified in 45 CFR
8160.103.
9    "Health care operations" has the meaning ascribed to it
10under HIPAA, as specified in 45 CFR 164.501.
11    "Health care professional" means (i) a licensed physician,
12(ii) a licensed physician assistant, (iii) a licensed advanced
13practice registered nurse, (iv) a licensed dentist, (v) a
14licensed podiatrist, (vi) a licensed genetic counselor, or
15(vii) an individual certified to provide genetic testing by a
16state or local public health department.
17    "Health care provider" has the meaning ascribed to it under
18HIPAA, as specified in 45 CFR 160.103.
19    "Health facility" means a hospital, blood bank, blood
20center, sperm bank, or other health care institution, including
21any "health facility" as that term is defined in the Illinois
22Finance Authority Act.
23    "Health information exchange" or "HIE" means a health
24information exchange or health information organization that
25exchanges health information electronically that (i) is
26established pursuant to the Illinois Health Information

 

 

HB3472- 534 -LRB100 05726 SMS 15748 b

1Exchange and Technology Act, or any subsequent amendments
2thereto, and any administrative rules promulgated thereunder;
3(ii) has established a data sharing arrangement with the
4Authority; or (iii) as of August 16, 2013, was designated by
5the Authority Board as a member of, or was represented on, the
6Authority Board's Regional Health Information Exchange
7Workgroup; provided that such designation shall not require the
8establishment of a data sharing arrangement or other
9participation with the Illinois Health Information Exchange or
10the payment of any fee. In certain circumstances, in accordance
11with HIPAA, an HIE will be a business associate.
12    "Health oversight agency" has the meaning ascribed to it
13under HIPAA, as specified in 45 CFR 164.501.
14    "HIPAA" means the Health Insurance Portability and
15Accountability Act of 1996, Public Law 104-191, as amended by
16the Health Information Technology for Economic and Clinical
17Health Act of 2009, Public Law 111-05, and any subsequent
18amendments thereto and any regulations promulgated thereunder.
19    "Insurer" means (i) an entity that is subject to the
20jurisdiction of the Director of Insurance and (ii) a managed
21care plan.
22    "Labor organization" includes any organization, labor
23union, craft union, or any voluntary unincorporated
24association designed to further the cause of the rights of
25union labor that is constituted for the purpose, in whole or in
26part, of collective bargaining or of dealing with employers

 

 

HB3472- 535 -LRB100 05726 SMS 15748 b

1concerning grievances, terms or conditions of employment, or
2apprenticeships or applications for apprenticeships, or of
3other mutual aid or protection in connection with employment,
4including apprenticeships or applications for apprenticeships.
5    "Licensing agency" means a board, commission, committee,
6council, department, or officers, except a judicial officer, in
7this State or any political subdivision authorized to grant,
8deny, renew, revoke, suspend, annul, withdraw, or amend a
9license or certificate of registration.
10    "Limited data set" has the meaning ascribed to it under
11HIPAA, as described in 45 CFR 164.514(e)(2).
12    "Managed care plan" means a plan that establishes,
13operates, or maintains a network of health care providers that
14have entered into agreements with the plan to provide health
15care services to enrollees where the plan has the ultimate and
16direct contractual obligation to the enrollee to arrange for
17the provision of or pay for services through:
18        (1) organizational arrangements for ongoing quality
19    assurance, utilization review programs, or dispute
20    resolution; or
21        (2) financial incentives for persons enrolled in the
22    plan to use the participating providers and procedures
23    covered by the plan.
24    A managed care plan may be established or operated by any
25entity including a licensed insurance company, hospital or
26medical service plan, health maintenance organization, limited

 

 

HB3472- 536 -LRB100 05726 SMS 15748 b

1health service organization, preferred provider organization,
2third party administrator, or an employer or employee
3organization.
4    "Minimum necessary" means HIPAA's standard for using,
5disclosing, and requesting protected health information found
6in 45 CFR 164.502(b) and 164.514(d).
7    "Nontherapeutic purpose" means a purpose that is not
8intended to improve or preserve the life or health of the
9individual whom the information concerns.
10    "Organized health care arrangement" has the meaning
11ascribed to it under HIPAA, as specified in 45 CFR 160.103.
12    "Patient safety activities" has the meaning ascribed to it
13under 42 CFR 3.20.
14    "Payment" has the meaning ascribed to it under HIPAA, as
15specified in 45 CFR 164.501.
16    "Person" includes any natural person, partnership,
17association, joint venture, trust, governmental entity, public
18or private corporation, health facility, or other legal entity.
19    "Protected health information" has the meaning ascribed to
20it under HIPAA, as specified in 45 CFR 164.103.
21    "Research" has the meaning ascribed to it under HIPAA, as
22specified in 45 CFR 164.501.
23    "State agency" means an instrumentality of the State of
24Illinois and any instrumentality of another state which
25pursuant to applicable law or a written undertaking with an
26instrumentality of the State of Illinois is bound to protect

 

 

HB3472- 537 -LRB100 05726 SMS 15748 b

1the privacy of genetic information of Illinois persons.
2    "Treatment" has the meaning ascribed to it under HIPAA, as
3specified in 45 CFR 164.501.
4    "Use" has the meaning ascribed to it under HIPAA, as
5specified in 45 CFR 160.103, where context dictates.
6(Source: P.A. 98-1046, eff. 1-1-15; 99-173, eff. 7-29-15.)
 
7    Section 295. The Home Health and Hospice Drug Dispensation
8and Administration Act is amended by changing Section 10 as
9follows:
 
10    (410 ILCS 642/10)
11    Sec. 10. Definitions. In this Act:
12    "Authorized nursing employee" means a registered nurse or
13advanced practice registered nurse, as defined in the Nurse
14Practice Act, who is employed by a home health agency or
15hospice licensed in this State.
16    "Health care professional" means a physician licensed to
17practice medicine in all its branches, a licensed advanced
18practice registered nurse, or a licensed physician assistant.
19    "Home health agency" has the meaning ascribed to it in
20Section 2.04 of the Home Health, Home Services, and Home
21Nursing Agency Licensing Act.
22    "Hospice" means a full hospice, as defined in Section 3 of
23the Hospice Program Licensing Act.
24    "Physician" means a physician licensed under the Medical

 

 

HB3472- 538 -LRB100 05726 SMS 15748 b

1Practice Act of 1987 to practice medicine in all its branches.
2(Source: P.A. 99-173, eff. 7-29-15.)
 
3    Section 300. The Radiation Protection Act of 1990 is
4amended by changing Sections 5 and 6 as follows:
 
5    (420 ILCS 40/5)  (from Ch. 111 1/2, par. 210-5)
6    (Section scheduled to be repealed on January 1, 2021)
7    Sec. 5. Limitations on application of radiation to human
8beings and requirements for radiation installation operators
9providing mammography services.
10    (a) No person shall intentionally administer radiation to a
11human being unless such person is licensed to practice a
12treatment of human ailments by virtue of the Illinois Medical,
13Dental or Podiatric Medical Practice Acts, or, as physician
14assistant, advanced practice registered nurse, technician,
15nurse, or other assistant, is acting under the supervision,
16prescription or direction of such licensed person. However, no
17such physician assistant, advanced practice registered nurse,
18technician, nurse, or other assistant acting under the
19supervision of a person licensed under the Medical Practice Act
20of 1987, shall administer radiation to human beings unless
21accredited by the Agency, except that persons enrolled in a
22course of education approved by the Agency may apply ionizing
23radiation to human beings as required by their course of study
24when under the direct supervision of a person licensed under

 

 

HB3472- 539 -LRB100 05726 SMS 15748 b

1the Medical Practice Act of 1987. No person authorized by this
2Section to apply ionizing radiation shall apply such radiation
3except to those parts of the human body specified in the Act
4under which such person or his supervisor is licensed. No
5person may operate a radiation installation where ionizing
6radiation is administered to human beings unless all persons
7who administer ionizing radiation in that radiation
8installation are licensed, accredited, or exempted in
9accordance with this Section. Nothing in this Section shall be
10deemed to relieve a person from complying with the provisions
11of Section 10.
12    (b) In addition, no person shall provide mammography
13services unless all of the following requirements are met:
14        (1) the mammography procedures are performed using a
15    radiation machine that is specifically designed for
16    mammography;
17        (2) the mammography procedures are performed using a
18    radiation machine that is used solely for performing
19    mammography procedures;
20        (3) the mammography procedures are performed using
21    equipment that has been subjected to a quality assurance
22    program that satisfies quality assurance requirements
23    which the Agency shall establish by rule;
24        (4) beginning one year after the effective date of this
25    amendatory Act of 1991, if the mammography procedure is
26    performed by a radiologic technologist, that technologist,

 

 

HB3472- 540 -LRB100 05726 SMS 15748 b

1    in addition to being accredited by the Agency to perform
2    radiography, has satisfied training requirements specific
3    to mammography, which the Agency shall establish by rule.
4    (c) Every operator of a radiation installation at which
5mammography services are provided shall ensure and have
6confirmed by each mammography patient that the patient is
7provided with a pamphlet which is orally reviewed with the
8patient and which contains the following:
9        (1) how to perform breast self-examination;
10        (2) that early detection of breast cancer is maximized
11    through a combined approach, using monthly breast
12    self-examination, a thorough physical examination
13    performed by a physician, and mammography performed at
14    recommended intervals;
15        (3) that mammography is the most accurate method for
16    making an early detection of breast cancer, however, no
17    diagnostic tool is 100% effective;
18        (4) that if the patient is self-referred and does not
19    have a primary care physician, or if the patient is
20    unfamiliar with the breast examination procedures, that
21    the patient has received information regarding public
22    health services where she can obtain a breast examination
23    and instructions.
24(Source: P.A. 93-149, eff. 7-10-03; 94-104, eff. 7-1-05.)
 
25    (420 ILCS 40/6)  (from Ch. 111 1/2, par. 210-6)

 

 

HB3472- 541 -LRB100 05726 SMS 15748 b

1    (Section scheduled to be repealed on January 1, 2021)
2    Sec. 6. Accreditation of administrators of radiation;
3Limited scope accreditation; Rules and regulations; Education.
4    (a) The Agency shall promulgate such rules and regulations
5as are necessary to establish accreditation standards and
6procedures, including a minimum course of education and
7continuing education requirements in the administration of
8radiation to human beings, which are appropriate to the
9classification of accreditation and which are to be met by all
10physician assistants, advanced practice registered nurses,
11nurses, technicians, or other assistants who administer
12radiation to human beings under the supervision of a person
13licensed under the Medical Practice Act of 1987. Such rules and
14regulations may provide for different classes of accreditation
15based on evidence of national certification, clinical
16experience or community hardship as conditions of initial and
17continuing accreditation. The rules and regulations of the
18Agency shall be consistent with national standards in regard to
19the protection of the health and safety of the general public.
20    (b) The rules and regulations shall also provide that
21persons who have been accredited by the Agency, in accordance
22with the Radiation Protection Act, without passing an
23examination, will remain accredited as provided in Section 43
24of this Act and that those persons may be accredited, without
25passing an examination, to use other equipment, procedures, or
26supervision within the original category of accreditation if

 

 

HB3472- 542 -LRB100 05726 SMS 15748 b

1the Agency receives written assurances from a person licensed
2under the Medical Practice Act of 1987, that the person
3accredited has the necessary skill and qualifications for such
4additional equipment procedures or supervision. The Agency
5shall, in accordance with subsection (c) of this Section,
6provide for the accreditation of nurses, technicians, or other
7assistants, unless exempted elsewhere in this Act, to perform a
8limited scope of diagnostic radiography procedures of the
9chest, the extremities, skull and sinuses, or the spine, while
10under the supervision of a person licensed under the Medical
11Practice Act of 1987.
12    (c) The rules or regulations promulgated by the Agency
13pursuant to subsection (a) shall establish standards and
14procedures for accrediting persons to perform a limited scope
15of diagnostic radiography procedures. The rules or regulations
16shall require persons seeking limited scope accreditation to
17register with the Agency as a "student-in-training," and
18declare those procedures in which the student will be receiving
19training. The student-in-training registration shall be valid
20for a period of 16 months, during which the time the student
21may, under the supervision of a person licensed under the
22Medical Practice Act of 1987, perform the diagnostic
23radiography procedures listed on the student's registration.
24The student-in-training registration shall be nonrenewable.
25    Upon expiration of the 16 month training period, the
26student shall be prohibited from performing diagnostic

 

 

HB3472- 543 -LRB100 05726 SMS 15748 b

1radiography procedures unless accredited by the Agency to
2perform such procedures. In order to be accredited to perform a
3limited scope of diagnostic radiography procedures, an
4individual must pass an examination offered by the Agency. The
5examination shall be consistent with national standards in
6regard to protection of public health and safety. The
7examination shall consist of a standardized component covering
8general principles applicable to diagnostic radiography
9procedures and a clinical component specific to the types of
10procedures for which accreditation is being sought. The Agency
11may assess a reasonable fee for such examinations to cover the
12costs incurred by the Agency in conjunction with offering the
13examinations.
14    (d) The Agency shall by rule or regulation exempt from
15accreditation physician assistants, advanced practice
16registered nurses, nurses, technicians, or other assistants
17who administer radiation to human beings under supervision of a
18person licensed to practice under the Medical Practice Act of
191987 when the services are performed on employees of a business
20at a medical facility owned and operated by the business. Such
21exemption shall only apply to the equipment, procedures and
22supervision specific to the medical facility owned and operated
23by the business.
24(Source: P.A. 94-104, eff. 7-1-05; 95-777, eff. 8-4-08.)
 
25    Section 305. The Illinois Vehicle Code is amended by

 

 

HB3472- 544 -LRB100 05726 SMS 15748 b

1changing Sections 1-159.1, 3-609, 3-616, 6-103, 6-106.1,
26-106.1a, 6-901, 11-501.01, 11-501.2, 11-501.6, 11-501.8,
311-1301.2, and 11-1301.5 as follows:
 
4    (625 ILCS 5/1-159.1)  (from Ch. 95 1/2, par. 1-159.1)
5    Sec. 1-159.1. Person with disabilities. A natural person
6who, as determined by a licensed physician, by a licensed
7physician assistant, or by a licensed advanced practice
8registered nurse: (1) cannot walk without the use of, or
9assistance from, a brace, cane, crutch, another person,
10prosthetic device, wheelchair, or other assistive device; (2)
11is restricted by lung disease to such an extent that his or her
12forced (respiratory) expiratory volume for one second, when
13measured by spirometry, is less than one liter, or the arterial
14oxygen tension is less than 60 mm/hg on room air at rest; (3)
15uses portable oxygen; (4) has a cardiac condition to the extent
16that the person's functional limitations are classified in
17severity as Class III or Class IV, according to standards set
18by the American Heart Association; (5) is severely limited in
19the person's ability to walk due to an arthritic, neurological,
20oncological, or orthopedic condition; (6) cannot walk 200 feet
21without stopping to rest because of one of the above 5
22conditions; or (7) is missing a hand or arm or has permanently
23lost the use of a hand or arm.
24(Source: P.A. 98-405, eff. 1-1-14; 99-173, eff. 7-29-15.)
 

 

 

HB3472- 545 -LRB100 05726 SMS 15748 b

1    (625 ILCS 5/3-609)  (from Ch. 95 1/2, par. 3-609)
2    Sec. 3-609. Plates for Veterans with Disabilities.
3    (a) Any veteran who holds proof of a service-connected
4disability from the United States Department of Veterans
5Affairs, and who has obtained certification from a licensed
6physician, physician assistant, or advanced practice
7registered nurse that the service-connected disability
8qualifies the veteran for issuance of registration plates or
9decals to a person with disabilities in accordance with Section
103-616, may, without the payment of any registration fee, make
11application to the Secretary of State for license plates for
12veterans with disabilities displaying the international symbol
13of access, for the registration of one motor vehicle of the
14first division or one motor vehicle of the second division
15weighing not more than 8,000 pounds.
16    (b) Any veteran who holds proof of a service-connected
17disability from the United States Department of Veterans
18Affairs, and whose degree of disability has been declared to be
1950% or more, but whose disability does not qualify the veteran
20for a plate or decal for persons with disabilities under
21Section 3-616, may, without the payment of any registration
22fee, make application to the Secretary for a special
23registration plate without the international symbol of access
24for the registration of one motor vehicle of the first division
25or one motor vehicle of the second division weighing not more
26than 8,000 pounds.

 

 

HB3472- 546 -LRB100 05726 SMS 15748 b

1    (c) Renewal of such registration must be accompanied with
2documentation for eligibility of registration without fee
3unless the applicant has a permanent qualifying disability, and
4such registration plates may not be issued to any person not
5eligible therefor. The Illinois Department of Veterans'
6Affairs may assist in providing the documentation of
7disability.
8    (d) The design and color of the plates shall be within the
9discretion of the Secretary, except that the plates issued
10under subsection (b) of this Section shall not contain the
11international symbol of access. The Secretary may, in his or
12her discretion, allow the plates to be issued as vanity or
13personalized plates in accordance with Section 3-405.1 of this
14Code. Registration shall be for a multi-year period and may be
15issued staggered registration.
16    (e) Any person eligible to receive license plates under
17this Section who has been approved for benefits under the
18Senior Citizens and Persons with Disabilities Property Tax
19Relief Act, or who has claimed and received a grant under that
20Act, shall pay a fee of $24 instead of the fee otherwise
21provided in this Code for passenger cars displaying standard
22multi-year registration plates issued under Section 3-414.1,
23for motor vehicles registered at 8,000 pounds or less under
24Section 3-815(a), or for recreational vehicles registered at
258,000 pounds or less under Section 3-815(b), for a second set
26of plates under this Section.

 

 

HB3472- 547 -LRB100 05726 SMS 15748 b

1(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
 
2    (625 ILCS 5/3-616)  (from Ch. 95 1/2, par. 3-616)
3    Sec. 3-616. Disability license plates.
4    (a) Upon receiving an application for a certificate of
5registration for a motor vehicle of the first division or for a
6motor vehicle of the second division weighing no more than
78,000 pounds, accompanied with payment of the registration fees
8required under this Code from a person with disabilities or a
9person who is deaf or hard of hearing, the Secretary of State,
10if so requested, shall issue to such person registration plates
11as provided for in Section 3-611, provided that the person with
12disabilities or person who is deaf or hard of hearing must not
13be disqualified from obtaining a driver's license under
14subsection 8 of Section 6-103 of this Code, and further
15provided that any person making such a request must submit a
16statement, certified by a licensed physician, by a licensed
17physician assistant, or by a licensed advanced practice
18registered nurse, to the effect that such person is a person
19with disabilities as defined by Section 1-159.1 of this Code,
20or alternatively provide adequate documentation that such
21person has a Class 1A, Class 2A or Type Four disability under
22the provisions of Section 4A of the Illinois Identification
23Card Act. For purposes of this Section, an Illinois Person with
24a Disability Identification Card issued pursuant to the
25Illinois Identification Card Act indicating that the person

 

 

HB3472- 548 -LRB100 05726 SMS 15748 b

1thereon named has a disability shall be adequate documentation
2of such a disability.
3    (b) The Secretary shall issue plates under this Section to
4a parent or legal guardian of a person with disabilities if the
5person with disabilities has a Class 1A or Class 2A disability
6as defined in Section 4A of the Illinois Identification Card
7Act or is a person with disabilities as defined by Section
81-159.1 of this Code, and does not possess a vehicle registered
9in his or her name, provided that the person with disabilities
10relies frequently on the parent or legal guardian for
11transportation. Only one vehicle per family may be registered
12under this subsection, unless the applicant can justify in
13writing the need for one additional set of plates. Any person
14requesting special plates under this subsection shall submit
15such documentation or such physician's, physician assistant's,
16or advanced practice registered nurse's statement as is
17required in subsection (a) and a statement describing the
18circumstances qualifying for issuance of special plates under
19this subsection. An optometrist may certify a Class 2A Visual
20Disability, as defined in Section 4A of the Illinois
21Identification Card Act, for the purpose of qualifying a person
22with disabilities for special plates under this subsection.
23    (c) The Secretary may issue a parking decal or device to a
24person with disabilities as defined by Section 1-159.1 without
25regard to qualification of such person with disabilities for a
26driver's license or registration of a vehicle by such person

 

 

HB3472- 549 -LRB100 05726 SMS 15748 b

1with disabilities or such person's immediate family, provided
2such person with disabilities making such a request has been
3issued an Illinois Person with a Disability Identification Card
4indicating that the person named thereon has a Class 1A or
5Class 2A disability, or alternatively, submits a statement
6certified by a licensed physician, or by a licensed physician
7assistant or a licensed advanced practice registered nurse as
8provided in subsection (a), to the effect that such person is a
9person with disabilities as defined by Section 1-159.1. An
10optometrist may certify a Class 2A Visual Disability as defined
11in Section 4A of the Illinois Identification Card Act for the
12purpose of qualifying a person with disabilities for a parking
13decal or device under this subsection.
14    (d) The Secretary shall prescribe by rules and regulations
15procedures to certify or re-certify as necessary the
16eligibility of persons whose disabilities are other than
17permanent for special plates or parking decals or devices
18issued under subsections (a), (b) and (c). Except as provided
19under subsection (f) of this Section, no such special plates,
20decals or devices shall be issued by the Secretary of State to
21or on behalf of any person with disabilities unless such person
22is certified as meeting the definition of a person with
23disabilities pursuant to Section 1-159.1 or meeting the
24requirement of a Type Four disability as provided under Section
254A of the Illinois Identification Card Act for the period of
26time that the physician, or the physician assistant or advanced

 

 

HB3472- 550 -LRB100 05726 SMS 15748 b

1practice registered nurse as provided in subsection (a),
2determines the applicant will have the disability, but not to
3exceed 6 months from the date of certification or
4recertification.
5    (e) Any person requesting special plates under this Section
6may also apply to have the special plates personalized, as
7provided under Section 3-405.1.
8    (f) The Secretary of State, upon application, shall issue
9disability registration plates or a parking decal to
10corporations, school districts, State or municipal agencies,
11limited liability companies, nursing homes, convalescent
12homes, or special education cooperatives which will transport
13persons with disabilities. The Secretary shall prescribe by
14rule a means to certify or re-certify the eligibility of
15organizations to receive disability plates or decals and to
16designate which of the 2 person with disabilities emblems shall
17be placed on qualifying vehicles.
18    (g) The Secretary of State, or his designee, may enter into
19agreements with other jurisdictions, including foreign
20jurisdictions, on behalf of this State relating to the
21extension of parking privileges by such jurisdictions to
22residents of this State with disabilities who display a special
23license plate or parking device that contains the International
24symbol of access on his or her motor vehicle, and to recognize
25such plates or devices issued by such other jurisdictions. This
26State shall grant the same parking privileges which are granted

 

 

HB3472- 551 -LRB100 05726 SMS 15748 b

1to residents of this State with disabilities to any
2non-resident whose motor vehicle is licensed in another state,
3district, territory or foreign country if such vehicle displays
4the international symbol of access or a distinguishing insignia
5on license plates or parking device issued in accordance with
6the laws of the non-resident's state, district, territory or
7foreign country.
8(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
999-642, eff. 7-28-16.)
 
10    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
11    Sec. 6-103. What persons shall not be licensed as drivers
12or granted permits. The Secretary of State shall not issue,
13renew, or allow the retention of any driver's license nor issue
14any permit under this Code:
15        1. To any person, as a driver, who is under the age of
16    18 years except as provided in Section 6-107, and except
17    that an instruction permit may be issued under Section
18    6-107.1 to a child who is not less than 15 years of age if
19    the child is enrolled in an approved driver education
20    course as defined in Section 1-103 of this Code and
21    requires an instruction permit to participate therein,
22    except that an instruction permit may be issued under the
23    provisions of Section 6-107.1 to a child who is 17 years
24    and 3 months of age without the child having enrolled in an
25    approved driver education course and except that an

 

 

HB3472- 552 -LRB100 05726 SMS 15748 b

1    instruction permit may be issued to a child who is at least
2    15 years and 3 months of age, is enrolled in school, meets
3    the educational requirements of the Driver Education Act,
4    and has passed examinations the Secretary of State in his
5    or her discretion may prescribe;
6        1.5. To any person at least 18 years of age but less
7    than 21 years of age unless the person has, in addition to
8    any other requirements of this Code, successfully
9    completed an adult driver education course as provided in
10    Section 6-107.5 of this Code;
11        2. To any person who is under the age of 18 as an
12    operator of a motorcycle other than a motor driven cycle
13    unless the person has, in addition to meeting the
14    provisions of Section 6-107 of this Code, successfully
15    completed a motorcycle training course approved by the
16    Illinois Department of Transportation and successfully
17    completes the required Secretary of State's motorcycle
18    driver's examination;
19        3. To any person, as a driver, whose driver's license
20    or permit has been suspended, during the suspension, nor to
21    any person whose driver's license or permit has been
22    revoked, except as provided in Sections 6-205, 6-206, and
23    6-208;
24        4. To any person, as a driver, who is a user of alcohol
25    or any other drug to a degree that renders the person
26    incapable of safely driving a motor vehicle;

 

 

HB3472- 553 -LRB100 05726 SMS 15748 b

1        5. To any person, as a driver, who has previously been
2    adjudged to be afflicted with or suffering from any mental
3    or physical disability or disease and who has not at the
4    time of application been restored to competency by the
5    methods provided by law;
6        6. To any person, as a driver, who is required by the
7    Secretary of State to submit an alcohol and drug evaluation
8    or take an examination provided for in this Code unless the
9    person has successfully passed the examination and
10    submitted any required evaluation;
11        7. To any person who is required under the provisions
12    of the laws of this State to deposit security or proof of
13    financial responsibility and who has not deposited the
14    security or proof;
15        8. To any person when the Secretary of State has good
16    cause to believe that the person by reason of physical or
17    mental disability would not be able to safely operate a
18    motor vehicle upon the highways, unless the person shall
19    furnish to the Secretary of State a verified written
20    statement, acceptable to the Secretary of State, from a
21    competent medical specialist, a licensed physician
22    assistant, or a licensed advanced practice registered
23    nurse, to the effect that the operation of a motor vehicle
24    by the person would not be inimical to the public safety;
25        9. To any person, as a driver, who is 69 years of age
26    or older, unless the person has successfully complied with

 

 

HB3472- 554 -LRB100 05726 SMS 15748 b

1    the provisions of Section 6-109;
2        10. To any person convicted, within 12 months of
3    application for a license, of any of the sexual offenses
4    enumerated in paragraph 2 of subsection (b) of Section
5    6-205;
6        11. To any person who is under the age of 21 years with
7    a classification prohibited in paragraph (b) of Section
8    6-104 and to any person who is under the age of 18 years
9    with a classification prohibited in paragraph (c) of
10    Section 6-104;
11        12. To any person who has been either convicted of or
12    adjudicated under the Juvenile Court Act of 1987 based upon
13    a violation of the Cannabis Control Act, the Illinois
14    Controlled Substances Act, or the Methamphetamine Control
15    and Community Protection Act while that person was in
16    actual physical control of a motor vehicle. For purposes of
17    this Section, any person placed on probation under Section
18    10 of the Cannabis Control Act, Section 410 of the Illinois
19    Controlled Substances Act, or Section 70 of the
20    Methamphetamine Control and Community Protection Act shall
21    not be considered convicted. Any person found guilty of
22    this offense, while in actual physical control of a motor
23    vehicle, shall have an entry made in the court record by
24    the judge that this offense did occur while the person was
25    in actual physical control of a motor vehicle and order the
26    clerk of the court to report the violation to the Secretary

 

 

HB3472- 555 -LRB100 05726 SMS 15748 b

1    of State as such. The Secretary of State shall not issue a
2    new license or permit for a period of one year;
3        13. To any person who is under the age of 18 years and
4    who has committed the offense of operating a motor vehicle
5    without a valid license or permit in violation of Section
6    6-101 or a similar out of state offense;
7        14. To any person who is 90 days or more delinquent in
8    court ordered child support payments or has been
9    adjudicated in arrears in an amount equal to 90 days'
10    obligation or more and who has been found in contempt of
11    court for failure to pay the support, subject to the
12    requirements and procedures of Article VII of Chapter 7 of
13    the Illinois Vehicle Code;
14        14.5. To any person certified by the Illinois
15    Department of Healthcare and Family Services as being 90
16    days or more delinquent in payment of support under an
17    order of support entered by a court or administrative body
18    of this or any other State, subject to the requirements and
19    procedures of Article VII of Chapter 7 of this Code
20    regarding those certifications;
21        15. To any person released from a term of imprisonment
22    for violating Section 9-3 of the Criminal Code of 1961 or
23    the Criminal Code of 2012, or a similar provision of a law
24    of another state relating to reckless homicide or for
25    violating subparagraph (F) of paragraph (1) of subsection
26    (d) of Section 11-501 of this Code relating to aggravated

 

 

HB3472- 556 -LRB100 05726 SMS 15748 b

1    driving under the influence of alcohol, other drug or
2    drugs, intoxicating compound or compounds, or any
3    combination thereof, if the violation was the proximate
4    cause of a death, within 24 months of release from a term
5    of imprisonment;
6        16. To any person who, with intent to influence any act
7    related to the issuance of any driver's license or permit,
8    by an employee of the Secretary of State's Office, or the
9    owner or employee of any commercial driver training school
10    licensed by the Secretary of State, or any other individual
11    authorized by the laws of this State to give driving
12    instructions or administer all or part of a driver's
13    license examination, promises or tenders to that person any
14    property or personal advantage which that person is not
15    authorized by law to accept. Any persons promising or
16    tendering such property or personal advantage shall be
17    disqualified from holding any class of driver's license or
18    permit for 120 consecutive days. The Secretary of State
19    shall establish by rule the procedures for implementing
20    this period of disqualification and the procedures by which
21    persons so disqualified may obtain administrative review
22    of the decision to disqualify;
23        17. To any person for whom the Secretary of State
24    cannot verify the accuracy of any information or
25    documentation submitted in application for a driver's
26    license;

 

 

HB3472- 557 -LRB100 05726 SMS 15748 b

1        18. To any person who has been adjudicated under the
2    Juvenile Court Act of 1987 based upon an offense that is
3    determined by the court to have been committed in
4    furtherance of the criminal activities of an organized
5    gang, as provided in Section 5-710 of that Act, and that
6    involved the operation or use of a motor vehicle or the use
7    of a driver's license or permit. The person shall be denied
8    a license or permit for the period determined by the court;
9    or
10        19. Beginning July 1, 2017, to any person who has been
11    issued an identification card under the Illinois
12    Identification Card Act. Any such person may, at his or her
13    discretion, surrender the identification card in order to
14    become eligible to obtain a driver's license.
15    The Secretary of State shall retain all conviction
16information, if the information is required to be held
17confidential under the Juvenile Court Act of 1987.
18(Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14;
1999-173, eff. 7-29-15; 99-511, eff. 1-1-17.)
 
20    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
21    Sec. 6-106.1. School bus driver permit.
22    (a) The Secretary of State shall issue a school bus driver
23permit to those applicants who have met all the requirements of
24the application and screening process under this Section to
25insure the welfare and safety of children who are transported

 

 

HB3472- 558 -LRB100 05726 SMS 15748 b

1on school buses throughout the State of Illinois. Applicants
2shall obtain the proper application required by the Secretary
3of State from their prospective or current employer and submit
4the completed application to the prospective or current
5employer along with the necessary fingerprint submission as
6required by the Department of State Police to conduct
7fingerprint based criminal background checks on current and
8future information available in the state system and current
9information available through the Federal Bureau of
10Investigation's system. Applicants who have completed the
11fingerprinting requirements shall not be subjected to the
12fingerprinting process when applying for subsequent permits or
13submitting proof of successful completion of the annual
14refresher course. Individuals who on July 1, 1995 (the
15effective date of Public Act 88-612) possess a valid school bus
16driver permit that has been previously issued by the
17appropriate Regional School Superintendent are not subject to
18the fingerprinting provisions of this Section as long as the
19permit remains valid and does not lapse. The applicant shall be
20required to pay all related application and fingerprinting fees
21as established by rule including, but not limited to, the
22amounts established by the Department of State Police and the
23Federal Bureau of Investigation to process fingerprint based
24criminal background investigations. All fees paid for
25fingerprint processing services under this Section shall be
26deposited into the State Police Services Fund for the cost

 

 

HB3472- 559 -LRB100 05726 SMS 15748 b

1incurred in processing the fingerprint based criminal
2background investigations. All other fees paid under this
3Section shall be deposited into the Road Fund for the purpose
4of defraying the costs of the Secretary of State in
5administering this Section. All applicants must:
6        1. be 21 years of age or older;
7        2. possess a valid and properly classified driver's
8    license issued by the Secretary of State;
9        3. possess a valid driver's license, which has not been
10    revoked, suspended, or canceled for 3 years immediately
11    prior to the date of application, or have not had his or
12    her commercial motor vehicle driving privileges
13    disqualified within the 3 years immediately prior to the
14    date of application;
15        4. successfully pass a written test, administered by
16    the Secretary of State, on school bus operation, school bus
17    safety, and special traffic laws relating to school buses
18    and submit to a review of the applicant's driving habits by
19    the Secretary of State at the time the written test is
20    given;
21        5. demonstrate ability to exercise reasonable care in
22    the operation of school buses in accordance with rules
23    promulgated by the Secretary of State;
24        6. demonstrate physical fitness to operate school
25    buses by submitting the results of a medical examination,
26    including tests for drug use for each applicant not subject

 

 

HB3472- 560 -LRB100 05726 SMS 15748 b

1    to such testing pursuant to federal law, conducted by a
2    licensed physician, a licensed advanced practice
3    registered nurse, or a licensed physician assistant within
4    90 days of the date of application according to standards
5    promulgated by the Secretary of State;
6        7. affirm under penalties of perjury that he or she has
7    not made a false statement or knowingly concealed a
8    material fact in any application for permit;
9        8. have completed an initial classroom course,
10    including first aid procedures, in school bus driver safety
11    as promulgated by the Secretary of State; and after
12    satisfactory completion of said initial course an annual
13    refresher course; such courses and the agency or
14    organization conducting such courses shall be approved by
15    the Secretary of State; failure to complete the annual
16    refresher course, shall result in cancellation of the
17    permit until such course is completed;
18        9. not have been under an order of court supervision
19    for or convicted of 2 or more serious traffic offenses, as
20    defined by rule, within one year prior to the date of
21    application that may endanger the life or safety of any of
22    the driver's passengers within the duration of the permit
23    period;
24        10. not have been under an order of court supervision
25    for or convicted of reckless driving, aggravated reckless
26    driving, driving while under the influence of alcohol,

 

 

HB3472- 561 -LRB100 05726 SMS 15748 b

1    other drug or drugs, intoxicating compound or compounds or
2    any combination thereof, or reckless homicide resulting
3    from the operation of a motor vehicle within 3 years of the
4    date of application;
5        11. not have been convicted of committing or attempting
6    to commit any one or more of the following offenses: (i)
7    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
8    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
9    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
10    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
11    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
12    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
13    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
14    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
15    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
16    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
17    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
18    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
19    12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
20    18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
21    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
22    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
23    31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
24    8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
25    (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
26    in subsection (a) and subsection (b), clause (1), of

 

 

HB3472- 562 -LRB100 05726 SMS 15748 b

1    Section 12-4, and in subsection (A), clauses (a) and (b),
2    of Section 24-3, and those offenses contained in Article
3    29D of the Criminal Code of 1961 or the Criminal Code of
4    2012; (ii) those offenses defined in the Cannabis Control
5    Act except those offenses defined in subsections (a) and
6    (b) of Section 4, and subsection (a) of Section 5 of the
7    Cannabis Control Act; (iii) those offenses defined in the
8    Illinois Controlled Substances Act; (iv) those offenses
9    defined in the Methamphetamine Control and Community
10    Protection Act; (v) any offense committed or attempted in
11    any other state or against the laws of the United States,
12    which if committed or attempted in this State would be
13    punishable as one or more of the foregoing offenses; (vi)
14    the offenses defined in Section 4.1 and 5.1 of the Wrongs
15    to Children Act or Section 11-9.1A of the Criminal Code of
16    1961 or the Criminal Code of 2012; (vii) those offenses
17    defined in Section 6-16 of the Liquor Control Act of 1934;
18    and (viii) those offenses defined in the Methamphetamine
19    Precursor Control Act;
20        12. not have been repeatedly involved as a driver in
21    motor vehicle collisions or been repeatedly convicted of
22    offenses against laws and ordinances regulating the
23    movement of traffic, to a degree which indicates lack of
24    ability to exercise ordinary and reasonable care in the
25    safe operation of a motor vehicle or disrespect for the
26    traffic laws and the safety of other persons upon the

 

 

HB3472- 563 -LRB100 05726 SMS 15748 b

1    highway;
2        13. not have, through the unlawful operation of a motor
3    vehicle, caused an accident resulting in the death of any
4    person;
5        14. not have, within the last 5 years, been adjudged to
6    be afflicted with or suffering from any mental disability
7    or disease; and
8        15. consent, in writing, to the release of results of
9    reasonable suspicion drug and alcohol testing under
10    Section 6-106.1c of this Code by the employer of the
11    applicant to the Secretary of State.
12    (b) A school bus driver permit shall be valid for a period
13specified by the Secretary of State as set forth by rule. It
14shall be renewable upon compliance with subsection (a) of this
15Section.
16    (c) A school bus driver permit shall contain the holder's
17driver's license number, legal name, residence address, zip
18code, and date of birth, a brief description of the holder and
19a space for signature. The Secretary of State may require a
20suitable photograph of the holder.
21    (d) The employer shall be responsible for conducting a
22pre-employment interview with prospective school bus driver
23candidates, distributing school bus driver applications and
24medical forms to be completed by the applicant, and submitting
25the applicant's fingerprint cards to the Department of State
26Police that are required for the criminal background

 

 

HB3472- 564 -LRB100 05726 SMS 15748 b

1investigations. The employer shall certify in writing to the
2Secretary of State that all pre-employment conditions have been
3successfully completed including the successful completion of
4an Illinois specific criminal background investigation through
5the Department of State Police and the submission of necessary
6fingerprints to the Federal Bureau of Investigation for
7criminal history information available through the Federal
8Bureau of Investigation system. The applicant shall present the
9certification to the Secretary of State at the time of
10submitting the school bus driver permit application.
11    (e) Permits shall initially be provisional upon receiving
12certification from the employer that all pre-employment
13conditions have been successfully completed, and upon
14successful completion of all training and examination
15requirements for the classification of the vehicle to be
16operated, the Secretary of State shall provisionally issue a
17School Bus Driver Permit. The permit shall remain in a
18provisional status pending the completion of the Federal Bureau
19of Investigation's criminal background investigation based
20upon fingerprinting specimens submitted to the Federal Bureau
21of Investigation by the Department of State Police. The Federal
22Bureau of Investigation shall report the findings directly to
23the Secretary of State. The Secretary of State shall remove the
24bus driver permit from provisional status upon the applicant's
25successful completion of the Federal Bureau of Investigation's
26criminal background investigation.

 

 

HB3472- 565 -LRB100 05726 SMS 15748 b

1    (f) A school bus driver permit holder shall notify the
2employer and the Secretary of State if he or she is issued an
3order of court supervision for or convicted in another state of
4an offense that would make him or her ineligible for a permit
5under subsection (a) of this Section. The written notification
6shall be made within 5 days of the entry of the order of court
7supervision or conviction. Failure of the permit holder to
8provide the notification is punishable as a petty offense for a
9first violation and a Class B misdemeanor for a second or
10subsequent violation.
11    (g) Cancellation; suspension; notice and procedure.
12        (1) The Secretary of State shall cancel a school bus
13    driver permit of an applicant whose criminal background
14    investigation discloses that he or she is not in compliance
15    with the provisions of subsection (a) of this Section.
16        (2) The Secretary of State shall cancel a school bus
17    driver permit when he or she receives notice that the
18    permit holder fails to comply with any provision of this
19    Section or any rule promulgated for the administration of
20    this Section.
21        (3) The Secretary of State shall cancel a school bus
22    driver permit if the permit holder's restricted commercial
23    or commercial driving privileges are withdrawn or
24    otherwise invalidated.
25        (4) The Secretary of State may not issue a school bus
26    driver permit for a period of 3 years to an applicant who

 

 

HB3472- 566 -LRB100 05726 SMS 15748 b

1    fails to obtain a negative result on a drug test as
2    required in item 6 of subsection (a) of this Section or
3    under federal law.
4        (5) The Secretary of State shall forthwith suspend a
5    school bus driver permit for a period of 3 years upon
6    receiving notice that the holder has failed to obtain a
7    negative result on a drug test as required in item 6 of
8    subsection (a) of this Section or under federal law.
9        (6) The Secretary of State shall suspend a school bus
10    driver permit for a period of 3 years upon receiving notice
11    from the employer that the holder failed to perform the
12    inspection procedure set forth in subsection (a) or (b) of
13    Section 12-816 of this Code.
14        (7) The Secretary of State shall suspend a school bus
15    driver permit for a period of 3 years upon receiving notice
16    from the employer that the holder refused to submit to an
17    alcohol or drug test as required by Section 6-106.1c or has
18    submitted to a test required by that Section which
19    disclosed an alcohol concentration of more than 0.00 or
20    disclosed a positive result on a National Institute on Drug
21    Abuse five-drug panel, utilizing federal standards set
22    forth in 49 CFR 40.87.
23    The Secretary of State shall notify the State
24Superintendent of Education and the permit holder's
25prospective or current employer that the applicant has (1) has
26failed a criminal background investigation or (2) is no longer

 

 

HB3472- 567 -LRB100 05726 SMS 15748 b

1eligible for a school bus driver permit; and of the related
2cancellation of the applicant's provisional school bus driver
3permit. The cancellation shall remain in effect pending the
4outcome of a hearing pursuant to Section 2-118 of this Code.
5The scope of the hearing shall be limited to the issuance
6criteria contained in subsection (a) of this Section. A
7petition requesting a hearing shall be submitted to the
8Secretary of State and shall contain the reason the individual
9feels he or she is entitled to a school bus driver permit. The
10permit holder's employer shall notify in writing to the
11Secretary of State that the employer has certified the removal
12of the offending school bus driver from service prior to the
13start of that school bus driver's next workshift. An employing
14school board that fails to remove the offending school bus
15driver from service is subject to the penalties defined in
16Section 3-14.23 of the School Code. A school bus contractor who
17violates a provision of this Section is subject to the
18penalties defined in Section 6-106.11.
19    All valid school bus driver permits issued under this
20Section prior to January 1, 1995, shall remain effective until
21their expiration date unless otherwise invalidated.
22    (h) When a school bus driver permit holder who is a service
23member is called to active duty, the employer of the permit
24holder shall notify the Secretary of State, within 30 days of
25notification from the permit holder, that the permit holder has
26been called to active duty. Upon notification pursuant to this

 

 

HB3472- 568 -LRB100 05726 SMS 15748 b

1subsection, (i) the Secretary of State shall characterize the
2permit as inactive until a permit holder renews the permit as
3provided in subsection (i) of this Section, and (ii) if a
4permit holder fails to comply with the requirements of this
5Section while called to active duty, the Secretary of State
6shall not characterize the permit as invalid.
7    (i) A school bus driver permit holder who is a service
8member returning from active duty must, within 90 days, renew a
9permit characterized as inactive pursuant to subsection (h) of
10this Section by complying with the renewal requirements of
11subsection (b) of this Section.
12    (j) For purposes of subsections (h) and (i) of this
13Section:
14    "Active duty" means active duty pursuant to an executive
15order of the President of the United States, an act of the
16Congress of the United States, or an order of the Governor.
17    "Service member" means a member of the Armed Services or
18reserve forces of the United States or a member of the Illinois
19National Guard.
20    (k) A private carrier employer of a school bus driver
21permit holder, having satisfied the employer requirements of
22this Section, shall be held to a standard of ordinary care for
23intentional acts committed in the course of employment by the
24bus driver permit holder. This subsection (k) shall in no way
25limit the liability of the private carrier employer for
26violation of any provision of this Section or for the negligent

 

 

HB3472- 569 -LRB100 05726 SMS 15748 b

1hiring or retention of a school bus driver permit holder.
2(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;
399-642, eff. 7-28-16.)
 
4    (625 ILCS 5/6-106.1a)
5    Sec. 6-106.1a. Cancellation of school bus driver permit;
6trace of alcohol.
7    (a) A person who has been issued a school bus driver permit
8by the Secretary of State in accordance with Section 6-106.1 of
9this Code and who drives or is in actual physical control of a
10school bus or any other vehicle owned or operated by or for a
11public or private school, or a school operated by a religious
12institution, when the vehicle is being used over a regularly
13scheduled route for the transportation of persons enrolled as
14students in grade 12 or below, in connection with any activity
15of the entities listed, upon the public highways of this State
16shall be deemed to have given consent to a chemical test or
17tests of blood, breath, other bodily substance, or urine for
18the purpose of determining the alcohol content of the person's
19blood if arrested, as evidenced by the issuance of a Uniform
20Traffic Ticket for any violation of this Code or a similar
21provision of a local ordinance, if a police officer has
22probable cause to believe that the driver has consumed any
23amount of an alcoholic beverage based upon evidence of the
24driver's physical condition or other first hand knowledge of
25the police officer. The test or tests shall be administered at

 

 

HB3472- 570 -LRB100 05726 SMS 15748 b

1the direction of the arresting officer. The law enforcement
2agency employing the officer shall designate which of the
3aforesaid tests shall be administered. A urine or other bodily
4substance test may be administered even after a blood or breath
5test or both has been administered.
6    (b) A person who is dead, unconscious, or who is otherwise
7in a condition rendering that person incapable of refusal,
8shall be deemed not to have withdrawn the consent provided by
9paragraph (a) of this Section and the test or tests may be
10administered subject to the following provisions:
11        (1) Chemical analysis of the person's blood, urine,
12    breath, or other bodily substance, to be considered valid
13    under the provisions of this Section, shall have been
14    performed according to standards promulgated by the
15    Department of State Police by an individual possessing a
16    valid permit issued by the Department of State Police for
17    this purpose. The Director of State Police is authorized to
18    approve satisfactory techniques or methods, to ascertain
19    the qualifications and competence of individuals to
20    conduct analyses, to issue permits that shall be subject to
21    termination or revocation at the direction of the
22    Department of State Police, and to certify the accuracy of
23    breath testing equipment. The Department of State Police
24    shall prescribe rules as necessary.
25        (2) When a person submits to a blood test at the
26    request of a law enforcement officer under the provisions

 

 

HB3472- 571 -LRB100 05726 SMS 15748 b

1    of this Section, only a physician authorized to practice
2    medicine, a licensed physician assistant, a licensed
3    advanced practice registered nurse, a registered nurse, or
4    other qualified person trained in venipuncture and acting
5    under the direction of a licensed physician may withdraw
6    blood for the purpose of determining the alcohol content.
7    This limitation does not apply to the taking of breath,
8    other bodily substance, or urine specimens.
9        (3) The person tested may have a physician, qualified
10    technician, chemist, registered nurse, or other qualified
11    person of his or her own choosing administer a chemical
12    test or tests in addition to any test or tests administered
13    at the direction of a law enforcement officer. The test
14    administered at the request of the person may be admissible
15    into evidence at a hearing conducted in accordance with
16    Section 2-118 of this Code. The failure or inability to
17    obtain an additional test by a person shall not preclude
18    the consideration of the previously performed chemical
19    test.
20        (4) Upon a request of the person who submits to a
21    chemical test or tests at the request of a law enforcement
22    officer, full information concerning the test or tests
23    shall be made available to the person or that person's
24    attorney by the requesting law enforcement agency within 72
25    hours of receipt of the test result.
26        (5) Alcohol concentration means either grams of

 

 

HB3472- 572 -LRB100 05726 SMS 15748 b

1    alcohol per 100 milliliters of blood or grams of alcohol
2    per 210 liters of breath.
3        (6) If a driver is receiving medical treatment as a
4    result of a motor vehicle accident, a physician licensed to
5    practice medicine, licensed physician assistant, licensed
6    advanced practice registered nurse, registered nurse, or
7    other qualified person trained in venipuncture and acting
8    under the direction of a licensed physician shall withdraw
9    blood for testing purposes to ascertain the presence of
10    alcohol upon the specific request of a law enforcement
11    officer. However, that testing shall not be performed
12    until, in the opinion of the medical personnel on scene,
13    the withdrawal can be made without interfering with or
14    endangering the well-being of the patient.
15    (c) A person requested to submit to a test as provided in
16this Section shall be warned by the law enforcement officer
17requesting the test that a refusal to submit to the test, or
18submission to the test resulting in an alcohol concentration of
19more than 0.00, may result in the loss of that person's
20privilege to possess a school bus driver permit. The loss of
21the individual's privilege to possess a school bus driver
22permit shall be imposed in accordance with Section 6-106.1b of
23this Code. A person requested to submit to a test under this
24Section shall also acknowledge, in writing, receipt of the
25warning required under this subsection (c). If the person
26refuses to acknowledge receipt of the warning, the law

 

 

HB3472- 573 -LRB100 05726 SMS 15748 b

1enforcement officer shall make a written notation on the
2warning that the person refused to sign the warning. A person's
3refusal to sign the warning shall not be evidence that the
4person was not read the warning.
5    (d) If the person refuses testing or submits to a test that
6discloses an alcohol concentration of more than 0.00, the law
7enforcement officer shall immediately submit a sworn report to
8the Secretary of State on a form prescribed by the Secretary of
9State certifying that the test or tests were requested under
10subsection (a) and the person refused to submit to a test or
11tests or submitted to testing which disclosed an alcohol
12concentration of more than 0.00. The law enforcement officer
13shall submit the same sworn report when a person who has been
14issued a school bus driver permit and who was operating a
15school bus or any other vehicle owned or operated by or for a
16public or private school, or a school operated by a religious
17institution, when the vehicle is being used over a regularly
18scheduled route for the transportation of persons enrolled as
19students in grade 12 or below, in connection with any activity
20of the entities listed, submits to testing under Section
2111-501.1 of this Code and the testing discloses an alcohol
22concentration of more than 0.00 and less than the alcohol
23concentration at which driving or being in actual physical
24control of a motor vehicle is prohibited under paragraph (1) of
25subsection (a) of Section 11-501.
26    Upon receipt of the sworn report of a law enforcement

 

 

HB3472- 574 -LRB100 05726 SMS 15748 b

1officer, the Secretary of State shall enter the school bus
2driver permit sanction on the individual's driving record and
3the sanction shall be effective on the 46th day following the
4date notice of the sanction was given to the person.
5    The law enforcement officer submitting the sworn report
6shall serve immediate notice of this school bus driver permit
7sanction on the person and the sanction shall be effective on
8the 46th day following the date notice was given.
9    In cases where the blood alcohol concentration of more than
100.00 is established by a subsequent analysis of blood, other
11bodily substance, or urine, the police officer or arresting
12agency shall give notice as provided in this Section or by
13deposit in the United States mail of that notice in an envelope
14with postage prepaid and addressed to that person at his or her
15last known address and the loss of the school bus driver permit
16shall be effective on the 46th day following the date notice
17was given.
18    Upon receipt of the sworn report of a law enforcement
19officer, the Secretary of State shall also give notice of the
20school bus driver permit sanction to the driver and the
21driver's current employer by mailing a notice of the effective
22date of the sanction to the individual. However, shall the
23sworn report be defective by not containing sufficient
24information or be completed in error, the notice of the school
25bus driver permit sanction may not be mailed to the person or
26his current employer or entered to the driving record, but

 

 

HB3472- 575 -LRB100 05726 SMS 15748 b

1rather the sworn report shall be returned to the issuing law
2enforcement agency.
3    (e) A driver may contest this school bus driver permit
4sanction by requesting an administrative hearing with the
5Secretary of State in accordance with Section 2-118 of this
6Code. An individual whose blood alcohol concentration is shown
7to be more than 0.00 is not subject to this Section if he or she
8consumed alcohol in the performance of a religious service or
9ceremony. An individual whose blood alcohol concentration is
10shown to be more than 0.00 shall not be subject to this Section
11if the individual's blood alcohol concentration resulted only
12from ingestion of the prescribed or recommended dosage of
13medicine that contained alcohol. The petition for that hearing
14shall not stay or delay the effective date of the impending
15suspension. The scope of this hearing shall be limited to the
16issues of:
17        (1) whether the police officer had probable cause to
18    believe that the person was driving or in actual physical
19    control of a school bus or any other vehicle owned or
20    operated by or for a public or private school, or a school
21    operated by a religious institution, when the vehicle is
22    being used over a regularly scheduled route for the
23    transportation of persons enrolled as students in grade 12
24    or below, in connection with any activity of the entities
25    listed, upon the public highways of the State and the
26    police officer had reason to believe that the person was in

 

 

HB3472- 576 -LRB100 05726 SMS 15748 b

1    violation of any provision of this Code or a similar
2    provision of a local ordinance; and
3        (2) whether the person was issued a Uniform Traffic
4    Ticket for any violation of this Code or a similar
5    provision of a local ordinance; and
6        (3) whether the police officer had probable cause to
7    believe that the driver had consumed any amount of an
8    alcoholic beverage based upon the driver's physical
9    actions or other first-hand knowledge of the police
10    officer; and
11        (4) whether the person, after being advised by the
12    officer that the privilege to possess a school bus driver
13    permit would be canceled if the person refused to submit to
14    and complete the test or tests, did refuse to submit to or
15    complete the test or tests to determine the person's
16    alcohol concentration; and
17        (5) whether the person, after being advised by the
18    officer that the privileges to possess a school bus driver
19    permit would be canceled if the person submits to a
20    chemical test or tests and the test or tests disclose an
21    alcohol concentration of more than 0.00 and the person did
22    submit to and complete the test or tests that determined an
23    alcohol concentration of more than 0.00; and
24        (6) whether the test result of an alcohol concentration
25    of more than 0.00 was based upon the person's consumption
26    of alcohol in the performance of a religious service or

 

 

HB3472- 577 -LRB100 05726 SMS 15748 b

1    ceremony; and
2        (7) whether the test result of an alcohol concentration
3    of more than 0.00 was based upon the person's consumption
4    of alcohol through ingestion of the prescribed or
5    recommended dosage of medicine.
6    The Secretary of State may adopt administrative rules
7setting forth circumstances under which the holder of a school
8bus driver permit is not required to appear in person at the
9hearing.
10    Provided that the petitioner may subpoena the officer, the
11hearing may be conducted upon a review of the law enforcement
12officer's own official reports. Failure of the officer to
13answer the subpoena shall be grounds for a continuance if, in
14the hearing officer's discretion, the continuance is
15appropriate. At the conclusion of the hearing held under
16Section 2-118 of this Code, the Secretary of State may rescind,
17continue, or modify the school bus driver permit sanction.
18    (f) The results of any chemical testing performed in
19accordance with subsection (a) of this Section are not
20admissible in any civil or criminal proceeding, except that the
21results of the testing may be considered at a hearing held
22under Section 2-118 of this Code. However, the results of the
23testing may not be used to impose driver's license sanctions
24under Section 11-501.1 of this Code. A law enforcement officer
25may, however, pursue a statutory summary suspension or
26revocation of driving privileges under Section 11-501.1 of this

 

 

HB3472- 578 -LRB100 05726 SMS 15748 b

1Code if other physical evidence or first hand knowledge forms
2the basis of that suspension or revocation.
3    (g) This Section applies only to drivers who have been
4issued a school bus driver permit in accordance with Section
56-106.1 of this Code at the time of the issuance of the Uniform
6Traffic Ticket for a violation of this Code or a similar
7provision of a local ordinance, and a chemical test request is
8made under this Section.
9    (h) The action of the Secretary of State in suspending,
10revoking, canceling, or denying any license, permit,
11registration, or certificate of title shall be subject to
12judicial review in the Circuit Court of Sangamon County or in
13the Circuit Court of Cook County, and the provisions of the
14Administrative Review Law and its rules are hereby adopted and
15shall apply to and govern every action for the judicial review
16of final acts or decisions of the Secretary of State under this
17Section.
18(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
 
19    (625 ILCS 5/6-901)  (from Ch. 95 1/2, par. 6-901)
20    Sec. 6-901. Definitions. For the purposes of this Article:
21    "Board" means the Driver's License Medical Advisory Board.
22    "Medical examiner" or "medical practitioner" means:
23        (i) any person licensed to practice medicine in all its
24    branches in the State of Illinois or any other state;
25        (ii) a licensed physician assistant; or

 

 

HB3472- 579 -LRB100 05726 SMS 15748 b

1        (iii) a licensed advanced practice registered nurse.
2(Source: P.A. 99-173, eff. 7-29-15.)
 
3    (625 ILCS 5/11-501.01)
4    Sec. 11-501.01. Additional administrative sanctions.
5    (a) After a finding of guilt and prior to any final
6sentencing or an order for supervision, for an offense based
7upon an arrest for a violation of Section 11-501 or a similar
8provision of a local ordinance, individuals shall be required
9to undergo a professional evaluation to determine if an
10alcohol, drug, or intoxicating compound abuse problem exists
11and the extent of the problem, and undergo the imposition of
12treatment as appropriate. Programs conducting these
13evaluations shall be licensed by the Department of Human
14Services. The cost of any professional evaluation shall be paid
15for by the individual required to undergo the professional
16evaluation.
17    (b) Any person who is found guilty of or pleads guilty to
18violating Section 11-501, including any person receiving a
19disposition of court supervision for violating that Section,
20may be required by the Court to attend a victim impact panel
21offered by, or under contract with, a county State's Attorney's
22office, a probation and court services department, Mothers
23Against Drunk Driving, or the Alliance Against Intoxicated
24Motorists. All costs generated by the victim impact panel shall
25be paid from fees collected from the offender or as may be

 

 

HB3472- 580 -LRB100 05726 SMS 15748 b

1determined by the court.
2    (c) Every person found guilty of violating Section 11-501,
3whose operation of a motor vehicle while in violation of that
4Section proximately caused any incident resulting in an
5appropriate emergency response, shall be liable for the expense
6of an emergency response as provided in subsection (i) of this
7Section.
8    (d) The Secretary of State shall revoke the driving
9privileges of any person convicted under Section 11-501 or a
10similar provision of a local ordinance.
11    (e) The Secretary of State shall require the use of
12ignition interlock devices for a period not less than 5 years
13on all vehicles owned by a person who has been convicted of a
14second or subsequent offense of Section 11-501 or a similar
15provision of a local ordinance. The person must pay to the
16Secretary of State DUI Administration Fund an amount not to
17exceed $30 for each month that he or she uses the device. The
18Secretary shall establish by rule and regulation the procedures
19for certification and use of the interlock system, the amount
20of the fee, and the procedures, terms, and conditions relating
21to these fees. During the time period in which a person is
22required to install an ignition interlock device under this
23subsection (e), that person shall only operate vehicles in
24which ignition interlock devices have been installed, except as
25allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
26this Code.

 

 

HB3472- 581 -LRB100 05726 SMS 15748 b

1    (f) In addition to any other penalties and liabilities, a
2person who is found guilty of or pleads guilty to violating
3Section 11-501, including any person placed on court
4supervision for violating Section 11-501, shall be assessed
5$750, payable to the circuit clerk, who shall distribute the
6money as follows: $350 to the law enforcement agency that made
7the arrest, and $400 shall be forwarded to the State Treasurer
8for deposit into the General Revenue Fund. If the person has
9been previously convicted of violating Section 11-501 or a
10similar provision of a local ordinance, the fine shall be
11$1,000, and the circuit clerk shall distribute $200 to the law
12enforcement agency that made the arrest and $800 to the State
13Treasurer for deposit into the General Revenue Fund. In the
14event that more than one agency is responsible for the arrest,
15the amount payable to law enforcement agencies shall be shared
16equally. Any moneys received by a law enforcement agency under
17this subsection (f) shall be used for enforcement and
18prevention of driving while under the influence of alcohol,
19other drug or drugs, intoxicating compound or compounds or any
20combination thereof, as defined by Section 11-501 of this Code,
21including but not limited to the purchase of law enforcement
22equipment and commodities that will assist in the prevention of
23alcohol related criminal violence throughout the State; police
24officer training and education in areas related to alcohol
25related crime, including but not limited to DUI training; and
26police officer salaries, including but not limited to salaries

 

 

HB3472- 582 -LRB100 05726 SMS 15748 b

1for hire back funding for safety checkpoints, saturation
2patrols, and liquor store sting operations. Any moneys received
3by the Department of State Police under this subsection (f)
4shall be deposited into the State Police DUI Fund and shall be
5used to purchase law enforcement equipment that will assist in
6the prevention of alcohol related criminal violence throughout
7the State.
8    (g) The Secretary of State Police DUI Fund is created as a
9special fund in the State treasury. All moneys received by the
10Secretary of State Police under subsection (f) of this Section
11shall be deposited into the Secretary of State Police DUI Fund
12and, subject to appropriation, shall be used for enforcement
13and prevention of driving while under the influence of alcohol,
14other drug or drugs, intoxicating compound or compounds or any
15combination thereof, as defined by Section 11-501 of this Code,
16including but not limited to the purchase of law enforcement
17equipment and commodities to assist in the prevention of
18alcohol related criminal violence throughout the State; police
19officer training and education in areas related to alcohol
20related crime, including but not limited to DUI training; and
21police officer salaries, including but not limited to salaries
22for hire back funding for safety checkpoints, saturation
23patrols, and liquor store sting operations.
24    (h) Whenever an individual is sentenced for an offense
25based upon an arrest for a violation of Section 11-501 or a
26similar provision of a local ordinance, and the professional

 

 

HB3472- 583 -LRB100 05726 SMS 15748 b

1evaluation recommends remedial or rehabilitative treatment or
2education, neither the treatment nor the education shall be the
3sole disposition and either or both may be imposed only in
4conjunction with another disposition. The court shall monitor
5compliance with any remedial education or treatment
6recommendations contained in the professional evaluation.
7Programs conducting alcohol or other drug evaluation or
8remedial education must be licensed by the Department of Human
9Services. If the individual is not a resident of Illinois,
10however, the court may accept an alcohol or other drug
11evaluation or remedial education program in the individual's
12state of residence. Programs providing treatment must be
13licensed under existing applicable alcoholism and drug
14treatment licensure standards.
15    (i) In addition to any other fine or penalty required by
16law, an individual convicted of a violation of Section 11-501,
17Section 5-7 of the Snowmobile Registration and Safety Act,
18Section 5-16 of the Boat Registration and Safety Act, or a
19similar provision, whose operation of a motor vehicle,
20snowmobile, or watercraft while in violation of Section 11-501,
21Section 5-7 of the Snowmobile Registration and Safety Act,
22Section 5-16 of the Boat Registration and Safety Act, or a
23similar provision proximately caused an incident resulting in
24an appropriate emergency response, shall be required to make
25restitution to a public agency for the costs of that emergency
26response. The restitution may not exceed $1,000 per public

 

 

HB3472- 584 -LRB100 05726 SMS 15748 b

1agency for each emergency response. As used in this subsection
2(i), "emergency response" means any incident requiring a
3response by a police officer, a firefighter carried on the
4rolls of a regularly constituted fire department, or an
5ambulance. With respect to funds designated for the Department
6of State Police, the moneys shall be remitted by the circuit
7court clerk to the State Police within one month after receipt
8for deposit into the State Police DUI Fund. With respect to
9funds designated for the Department of Natural Resources, the
10Department of Natural Resources shall deposit the moneys into
11the Conservation Police Operations Assistance Fund.
12    (j) A person that is subject to a chemical test or tests of
13blood under subsection (a) of Section 11-501.1 or subdivision
14(c)(2) of Section 11-501.2 of this Code, whether or not that
15person consents to testing, shall be liable for the expense up
16to $500 for blood withdrawal by a physician authorized to
17practice medicine, a licensed physician assistant, a licensed
18advanced practice registered nurse, a registered nurse, a
19trained phlebotomist, a licensed paramedic, or a qualified
20person other than a police officer approved by the Department
21of State Police to withdraw blood, who responds, whether at a
22law enforcement facility or a health care facility, to a police
23department request for the drawing of blood based upon refusal
24of the person to submit to a lawfully requested breath test or
25probable cause exists to believe the test would disclose the
26ingestion, consumption, or use of drugs or intoxicating

 

 

HB3472- 585 -LRB100 05726 SMS 15748 b

1compounds if:
2        (1) the person is found guilty of violating Section
3    11-501 of this Code or a similar provision of a local
4    ordinance; or
5        (2) the person pleads guilty to or stipulates to facts
6    supporting a violation of Section 11-503 of this Code or a
7    similar provision of a local ordinance when the plea or
8    stipulation was the result of a plea agreement in which the
9    person was originally charged with violating Section
10    11-501 of this Code or a similar local ordinance.
11(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13;
1298-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;
1399-642, eff. 7-28-16.)
 
14    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
15    Sec. 11-501.2. Chemical and other tests.
16    (a) Upon the trial of any civil or criminal action or
17proceeding arising out of an arrest for an offense as defined
18in Section 11-501 or a similar local ordinance or proceedings
19pursuant to Section 2-118.1, evidence of the concentration of
20alcohol, other drug or drugs, or intoxicating compound or
21compounds, or any combination thereof in a person's blood or
22breath at the time alleged, as determined by analysis of the
23person's blood, urine, breath, or other bodily substance, shall
24be admissible. Where such test is made the following provisions
25shall apply:

 

 

HB3472- 586 -LRB100 05726 SMS 15748 b

1        1. Chemical analyses of the person's blood, urine,
2    breath, or other bodily substance to be considered valid
3    under the provisions of this Section shall have been
4    performed according to standards promulgated by the
5    Department of State Police by a licensed physician,
6    registered nurse, trained phlebotomist, licensed
7    paramedic, or other individual possessing a valid permit
8    issued by that Department for this purpose. The Director of
9    State Police is authorized to approve satisfactory
10    techniques or methods, to ascertain the qualifications and
11    competence of individuals to conduct such analyses, to
12    issue permits which shall be subject to termination or
13    revocation at the discretion of that Department and to
14    certify the accuracy of breath testing equipment. The
15    Department of State Police shall prescribe regulations as
16    necessary to implement this Section.
17        2. When a person in this State shall submit to a blood
18    test at the request of a law enforcement officer under the
19    provisions of Section 11-501.1, only a physician
20    authorized to practice medicine, a licensed physician
21    assistant, a licensed advanced practice registered nurse,
22    a registered nurse, trained phlebotomist, or licensed
23    paramedic, or other qualified person approved by the
24    Department of State Police may withdraw blood for the
25    purpose of determining the alcohol, drug, or alcohol and
26    drug content therein. This limitation shall not apply to

 

 

HB3472- 587 -LRB100 05726 SMS 15748 b

1    the taking of breath, other bodily substance, or urine
2    specimens.
3        When a blood test of a person who has been taken to an
4    adjoining state for medical treatment is requested by an
5    Illinois law enforcement officer, the blood may be
6    withdrawn only by a physician authorized to practice
7    medicine in the adjoining state, a licensed physician
8    assistant, a licensed advanced practice registered nurse,
9    a registered nurse, a trained phlebotomist acting under the
10    direction of the physician, or licensed paramedic. The law
11    enforcement officer requesting the test shall take custody
12    of the blood sample, and the blood sample shall be analyzed
13    by a laboratory certified by the Department of State Police
14    for that purpose.
15        3. The person tested may have a physician, or a
16    qualified technician, chemist, registered nurse, or other
17    qualified person of their own choosing administer a
18    chemical test or tests in addition to any administered at
19    the direction of a law enforcement officer. The failure or
20    inability to obtain an additional test by a person shall
21    not preclude the admission of evidence relating to the test
22    or tests taken at the direction of a law enforcement
23    officer.
24        4. Upon the request of the person who shall submit to a
25    chemical test or tests at the request of a law enforcement
26    officer, full information concerning the test or tests

 

 

HB3472- 588 -LRB100 05726 SMS 15748 b

1    shall be made available to the person or such person's
2    attorney.
3        5. Alcohol concentration shall mean either grams of
4    alcohol per 100 milliliters of blood or grams of alcohol
5    per 210 liters of breath.
6        6. Tetrahydrocannabinol concentration means either 5
7    nanograms or more of delta-9-tetrahydrocannabinol per
8    milliliter of whole blood or 10 nanograms or more of
9    delta-9-tetrahydrocannabinol per milliliter of other
10    bodily substance.
11    (a-5) Law enforcement officials may use standardized field
12sobriety tests approved by the National Highway Traffic Safety
13Administration when conducting investigations of a violation
14of Section 11-501 or similar local ordinance by drivers
15suspected of driving under the influence of cannabis. The
16General Assembly finds that standardized field sobriety tests
17approved by the National Highway Traffic Safety Administration
18are divided attention tasks that are intended to determine if a
19person is under the influence of cannabis. The purpose of these
20tests is to determine the effect of the use of cannabis on a
21person's capacity to think and act with ordinary care and
22therefore operate a motor vehicle safely. Therefore, the
23results of these standardized field sobriety tests,
24appropriately administered, shall be admissible in the trial of
25any civil or criminal action or proceeding arising out of an
26arrest for a cannabis-related offense as defined in Section

 

 

HB3472- 589 -LRB100 05726 SMS 15748 b

111-501 or a similar local ordinance or proceedings under
2Section 2-118.1 or 2-118.2. Where a test is made the following
3provisions shall apply:
4        1. The person tested may have a physician, or a
5    qualified technician, chemist, registered nurse, or other
6    qualified person of their own choosing administer a
7    chemical test or tests in addition to the standardized
8    field sobriety test or tests administered at the direction
9    of a law enforcement officer. The failure or inability to
10    obtain an additional test by a person does not preclude the
11    admission of evidence relating to the test or tests taken
12    at the direction of a law enforcement officer.
13        2. Upon the request of the person who shall submit to a
14    standardized field sobriety test or tests at the request of
15    a law enforcement officer, full information concerning the
16    test or tests shall be made available to the person or the
17    person's attorney.
18        3. At the trial of any civil or criminal action or
19    proceeding arising out of an arrest for an offense as
20    defined in Section 11-501 or a similar local ordinance or
21    proceedings under Section 2-118.1 or 2-118.2 in which the
22    results of these standardized field sobriety tests are
23    admitted, the cardholder may present and the trier of fact
24    may consider evidence that the card holder lacked the
25    physical capacity to perform the standardized field
26    sobriety tests.

 

 

HB3472- 590 -LRB100 05726 SMS 15748 b

1    (b) Upon the trial of any civil or criminal action or
2proceeding arising out of acts alleged to have been committed
3by any person while driving or in actual physical control of a
4vehicle while under the influence of alcohol, the concentration
5of alcohol in the person's blood or breath at the time alleged
6as shown by analysis of the person's blood, urine, breath, or
7other bodily substance shall give rise to the following
8presumptions:
9        1. If there was at that time an alcohol concentration
10    of 0.05 or less, it shall be presumed that the person was
11    not under the influence of alcohol.
12        2. If there was at that time an alcohol concentration
13    in excess of 0.05 but less than 0.08, such facts shall not
14    give rise to any presumption that the person was or was not
15    under the influence of alcohol, but such fact may be
16    considered with other competent evidence in determining
17    whether the person was under the influence of alcohol.
18        3. If there was at that time an alcohol concentration
19    of 0.08 or more, it shall be presumed that the person was
20    under the influence of alcohol.
21        4. The foregoing provisions of this Section shall not
22    be construed as limiting the introduction of any other
23    relevant evidence bearing upon the question whether the
24    person was under the influence of alcohol.
25    (b-5) Upon the trial of any civil or criminal action or
26proceeding arising out of acts alleged to have been committed

 

 

HB3472- 591 -LRB100 05726 SMS 15748 b

1by any person while driving or in actual physical control of a
2vehicle while under the influence of alcohol, other drug or
3drugs, intoxicating compound or compounds or any combination
4thereof, the concentration of cannabis in the person's whole
5blood or other bodily substance at the time alleged as shown by
6analysis of the person's blood or other bodily substance shall
7give rise to the following presumptions:
8        1. If there was a tetrahydrocannabinol concentration
9    of 5 nanograms or more in whole blood or 10 nanograms or
10    more in an other bodily substance as defined in this
11    Section, it shall be presumed that the person was under the
12    influence of cannabis.
13        2. If there was at that time a tetrahydrocannabinol
14    concentration of less than 5 nanograms in whole blood or
15    less than 10 nanograms in an other bodily substance, such
16    facts shall not give rise to any presumption that the
17    person was or was not under the influence of cannabis, but
18    such fact may be considered with other competent evidence
19    in determining whether the person was under the influence
20    of cannabis.
21    (c) 1. If a person under arrest refuses to submit to a
22chemical test under the provisions of Section 11-501.1,
23evidence of refusal shall be admissible in any civil or
24criminal action or proceeding arising out of acts alleged to
25have been committed while the person under the influence of
26alcohol, other drug or drugs, or intoxicating compound or

 

 

HB3472- 592 -LRB100 05726 SMS 15748 b

1compounds, or any combination thereof was driving or in actual
2physical control of a motor vehicle.
3    2. Notwithstanding any ability to refuse under this Code to
4submit to these tests or any ability to revoke the implied
5consent to these tests, if a law enforcement officer has
6probable cause to believe that a motor vehicle driven by or in
7actual physical control of a person under the influence of
8alcohol, other drug or drugs, or intoxicating compound or
9compounds, or any combination thereof has caused the death or
10personal injury to another, the law enforcement officer shall
11request, and that person shall submit, upon the request of a
12law enforcement officer, to a chemical test or tests of his or
13her blood, breath, other bodily substance, or urine for the
14purpose of determining the alcohol content thereof or the
15presence of any other drug or combination of both.
16    This provision does not affect the applicability of or
17imposition of driver's license sanctions under Section
1811-501.1 of this Code.
19    3. For purposes of this Section, a personal injury includes
20any Type A injury as indicated on the traffic accident report
21completed by a law enforcement officer that requires immediate
22professional attention in either a doctor's office or a medical
23facility. A Type A injury includes severe bleeding wounds,
24distorted extremities, and injuries that require the injured
25party to be carried from the scene.
26    (d) If a person refuses standardized field sobriety tests

 

 

HB3472- 593 -LRB100 05726 SMS 15748 b

1under Section 11-501.9 of this Code, evidence of refusal shall
2be admissible in any civil or criminal action or proceeding
3arising out of acts committed while the person was driving or
4in actual physical control of a vehicle and alleged to have
5been impaired by the use of cannabis.
6    (e) Department of State Police compliance with the changes
7in this amendatory Act of the 99th General Assembly concerning
8testing of other bodily substances and tetrahydrocannabinol
9concentration by Department of State Police laboratories is
10subject to appropriation and until the Department of State
11Police adopt standards and completion validation. Any
12laboratories that test for the presence of cannabis or other
13drugs under this Article, the Snowmobile Registration and
14Safety Act, or the Boat Registration and Safety Act must comply
15with ISO/IEC 17025:2005.
16(Source: P.A. 98-122, eff. 1-1-14; 98-973, eff. 8-15-14;
1798-1172, eff. 1-12-15; 99-697, eff. 7-29-16.)
 
18    (625 ILCS 5/11-501.6)  (from Ch. 95 1/2, par. 11-501.6)
19    Sec. 11-501.6. Driver involvement in personal injury or
20fatal motor vehicle accident; chemical test.
21    (a) Any person who drives or is in actual control of a
22motor vehicle upon the public highways of this State and who
23has been involved in a personal injury or fatal motor vehicle
24accident, shall be deemed to have given consent to a breath
25test using a portable device as approved by the Department of

 

 

HB3472- 594 -LRB100 05726 SMS 15748 b

1State Police or to a chemical test or tests of blood, breath,
2other bodily substance, or urine for the purpose of determining
3the content of alcohol, other drug or drugs, or intoxicating
4compound or compounds of such person's blood if arrested as
5evidenced by the issuance of a Uniform Traffic Ticket for any
6violation of the Illinois Vehicle Code or a similar provision
7of a local ordinance, with the exception of equipment
8violations contained in Chapter 12 of this Code, or similar
9provisions of local ordinances. The test or tests shall be
10administered at the direction of the arresting officer. The law
11enforcement agency employing the officer shall designate which
12of the aforesaid tests shall be administered. Up to 2
13additional tests of urine or other bodily substance may be
14administered even after a blood or breath test or both has been
15administered. Compliance with this Section does not relieve
16such person from the requirements of Section 11-501.1 of this
17Code.
18    (b) Any person who is dead, unconscious or who is otherwise
19in a condition rendering such person incapable of refusal shall
20be deemed not to have withdrawn the consent provided by
21subsection (a) of this Section. In addition, if a driver of a
22vehicle is receiving medical treatment as a result of a motor
23vehicle accident, any physician licensed to practice medicine,
24licensed physician assistant, licensed advanced practice
25registered nurse, registered nurse or a phlebotomist acting
26under the direction of a licensed physician shall withdraw

 

 

HB3472- 595 -LRB100 05726 SMS 15748 b

1blood for testing purposes to ascertain the presence of
2alcohol, other drug or drugs, or intoxicating compound or
3compounds, upon the specific request of a law enforcement
4officer. However, no such testing shall be performed until, in
5the opinion of the medical personnel on scene, the withdrawal
6can be made without interfering with or endangering the
7well-being of the patient.
8    (c) A person requested to submit to a test as provided
9above shall be warned by the law enforcement officer requesting
10the test that a refusal to submit to the test, or submission to
11the test resulting in an alcohol concentration of 0.08 or more,
12or testing discloses the presence of cannabis as listed in the
13Cannabis Control Act with a tetrahydrocannabinol concentration
14as defined in paragraph 6 of subsection (a) of Section 11-501.2
15of this Code, or any amount of a drug, substance, or
16intoxicating compound resulting from the unlawful use or
17consumption of a controlled substance listed in the Illinois
18Controlled Substances Act, an intoxicating compound listed in
19the Use of Intoxicating Compounds Act, or methamphetamine as
20listed in the Methamphetamine Control and Community Protection
21Act as detected in such person's blood, other bodily substance,
22or urine, may result in the suspension of such person's
23privilege to operate a motor vehicle. If the person is also a
24CDL holder, he or she shall be warned by the law enforcement
25officer requesting the test that a refusal to submit to the
26test, or submission to the test resulting in an alcohol

 

 

HB3472- 596 -LRB100 05726 SMS 15748 b

1concentration of 0.08 or more, or any amount of a drug,
2substance, or intoxicating compound resulting from the
3unlawful use or consumption of cannabis, as covered by the
4Cannabis Control Act, a controlled substance listed in the
5Illinois Controlled Substances Act, an intoxicating compound
6listed in the Use of Intoxicating Compounds Act, or
7methamphetamine as listed in the Methamphetamine Control and
8Community Protection Act as detected in the person's blood,
9other bodily substance, or urine, may result in the
10disqualification of the person's privilege to operate a
11commercial motor vehicle, as provided in Section 6-514 of this
12Code. The length of the suspension shall be the same as
13outlined in Section 6-208.1 of this Code regarding statutory
14summary suspensions.
15    A person requested to submit to a test shall also
16acknowledge, in writing, receipt of the warning required under
17this Section. If the person refuses to acknowledge receipt of
18the warning, the law enforcement officer shall make a written
19notation on the warning that the person refused to sign the
20warning. A person's refusal to sign the warning shall not be
21evidence that the person was not read the warning.
22    (d) If the person refuses testing or submits to a test
23which discloses an alcohol concentration of 0.08 or more, the
24presence of cannabis as listed in the Cannabis Control Act with
25a tetrahydrocannabinol concentration as defined in paragraph 6
26of subsection (a) of Section 11-501.2 of this Code, or any

 

 

HB3472- 597 -LRB100 05726 SMS 15748 b

1amount of a drug, substance, or intoxicating compound in such
2person's blood or urine resulting from the unlawful use or
3consumption of a controlled substance listed in the Illinois
4Controlled Substances Act, an intoxicating compound listed in
5the Use of Intoxicating Compounds Act, or methamphetamine as
6listed in the Methamphetamine Control and Community Protection
7Act, the law enforcement officer shall immediately submit a
8sworn report to the Secretary of State on a form prescribed by
9the Secretary, certifying that the test or tests were requested
10under subsection (a) and the person refused to submit to a test
11or tests or submitted to testing which disclosed an alcohol
12concentration of 0.08 or more, the presence of cannabis as
13listed in the Cannabis Control Act with a tetrahydrocannabinol
14concentration as defined in paragraph 6 of subsection (a) of
15Section 11-501.2 of this Code, or any amount of a drug,
16substance, or intoxicating compound in such person's blood,
17other bodily substance, or urine, resulting from the unlawful
18use or consumption of a controlled substance listed in the
19Illinois Controlled Substances Act, an intoxicating compound
20listed in the Use of Intoxicating Compounds Act, or
21methamphetamine as listed in the Methamphetamine Control and
22Community Protection Act. If the person is also a CDL holder
23and refuses testing or submits to a test which discloses an
24alcohol concentration of 0.08 or more, or any amount of a drug,
25substance, or intoxicating compound in the person's blood,
26other bodily substance, or urine resulting from the unlawful

 

 

HB3472- 598 -LRB100 05726 SMS 15748 b

1use or consumption of cannabis listed in the Cannabis Control
2Act, a controlled substance listed in the Illinois Controlled
3Substances Act, an intoxicating compound listed in the Use of
4Intoxicating Compounds Act, or methamphetamine as listed in the
5Methamphetamine Control and Community Protection Act, the law
6enforcement officer shall immediately submit a sworn report to
7the Secretary of State on a form prescribed by the Secretary,
8certifying that the test or tests were requested under
9subsection (a) and the person refused to submit to a test or
10tests or submitted to testing which disclosed an alcohol
11concentration of 0.08 or more, or any amount of a drug,
12substance, or intoxicating compound in such person's blood,
13other bodily substance, or urine, resulting from the unlawful
14use or consumption of cannabis listed in the Cannabis Control
15Act, a controlled substance listed in the Illinois Controlled
16Substances Act, an intoxicating compound listed in the Use of
17Intoxicating Compounds Act, or methamphetamine as listed in the
18Methamphetamine Control and Community Protection Act.
19    Upon receipt of the sworn report of a law enforcement
20officer, the Secretary shall enter the suspension and
21disqualification to the individual's driving record and the
22suspension and disqualification shall be effective on the 46th
23day following the date notice of the suspension was given to
24the person.
25    The law enforcement officer submitting the sworn report
26shall serve immediate notice of this suspension on the person

 

 

HB3472- 599 -LRB100 05726 SMS 15748 b

1and such suspension and disqualification shall be effective on
2the 46th day following the date notice was given.
3    In cases involving a person who is not a CDL holder where
4the blood alcohol concentration of 0.08 or more, or blood
5testing discloses the presence of cannabis as listed in the
6Cannabis Control Act with a tetrahydrocannabinol concentration
7as defined in paragraph 6 of subsection (a) of Section 11-501.2
8of this Code, or any amount of a drug, substance, or
9intoxicating compound resulting from the unlawful use or
10consumption of a controlled substance listed in the Illinois
11Controlled Substances Act, an intoxicating compound listed in
12the Use of Intoxicating Compounds Act, or methamphetamine as
13listed in the Methamphetamine Control and Community Protection
14Act, is established by a subsequent analysis of blood, other
15bodily substance, or urine collected at the time of arrest, the
16arresting officer shall give notice as provided in this Section
17or by deposit in the United States mail of such notice in an
18envelope with postage prepaid and addressed to such person at
19his or her address as shown on the Uniform Traffic Ticket and
20the suspension shall be effective on the 46th day following the
21date notice was given.
22    In cases involving a person who is a CDL holder where the
23blood alcohol concentration of 0.08 or more, or any amount of a
24drug, substance, or intoxicating compound resulting from the
25unlawful use or consumption of cannabis as listed in the
26Cannabis Control Act, a controlled substance listed in the

 

 

HB3472- 600 -LRB100 05726 SMS 15748 b

1Illinois Controlled Substances Act, an intoxicating compound
2listed in the Use of Intoxicating Compounds Act, or
3methamphetamine as listed in the Methamphetamine Control and
4Community Protection Act, is established by a subsequent
5analysis of blood, other bodily substance, or urine collected
6at the time of arrest, the arresting officer shall give notice
7as provided in this Section or by deposit in the United States
8mail of such notice in an envelope with postage prepaid and
9addressed to the person at his or her address as shown on the
10Uniform Traffic Ticket and the suspension and disqualification
11shall be effective on the 46th day following the date notice
12was given.
13    Upon receipt of the sworn report of a law enforcement
14officer, the Secretary shall also give notice of the suspension
15and disqualification to the driver by mailing a notice of the
16effective date of the suspension and disqualification to the
17individual. However, should the sworn report be defective by
18not containing sufficient information or be completed in error,
19the notice of the suspension and disqualification shall not be
20mailed to the person or entered to the driving record, but
21rather the sworn report shall be returned to the issuing law
22enforcement agency.
23    (e) A driver may contest this suspension of his or her
24driving privileges and disqualification of his or her CDL
25privileges by requesting an administrative hearing with the
26Secretary in accordance with Section 2-118 of this Code. At the

 

 

HB3472- 601 -LRB100 05726 SMS 15748 b

1conclusion of a hearing held under Section 2-118 of this Code,
2the Secretary may rescind, continue, or modify the orders of
3suspension and disqualification. If the Secretary does not
4rescind the orders of suspension and disqualification, a
5restricted driving permit may be granted by the Secretary upon
6application being made and good cause shown. A restricted
7driving permit may be granted to relieve undue hardship to
8allow driving for employment, educational, and medical
9purposes as outlined in Section 6-206 of this Code. The
10provisions of Section 6-206 of this Code shall apply. In
11accordance with 49 C.F.R. 384, the Secretary of State may not
12issue a restricted driving permit for the operation of a
13commercial motor vehicle to a person holding a CDL whose
14driving privileges have been suspended, revoked, cancelled, or
15disqualified.
16    (f) (Blank).
17    (g) For the purposes of this Section, a personal injury
18shall include any type A injury as indicated on the traffic
19accident report completed by a law enforcement officer that
20requires immediate professional attention in either a doctor's
21office or a medical facility. A type A injury shall include
22severely bleeding wounds, distorted extremities, and injuries
23that require the injured party to be carried from the scene.
24(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
 
25    (625 ILCS 5/11-501.8)

 

 

HB3472- 602 -LRB100 05726 SMS 15748 b

1    Sec. 11-501.8. Suspension of driver's license; persons
2under age 21.
3    (a) A person who is less than 21 years of age and who
4drives or is in actual physical control of a motor vehicle upon
5the public highways of this State shall be deemed to have given
6consent to a chemical test or tests of blood, breath, other
7bodily substance, or urine for the purpose of determining the
8alcohol content of the person's blood if arrested, as evidenced
9by the issuance of a Uniform Traffic Ticket for any violation
10of the Illinois Vehicle Code or a similar provision of a local
11ordinance, if a police officer has probable cause to believe
12that the driver has consumed any amount of an alcoholic
13beverage based upon evidence of the driver's physical condition
14or other first hand knowledge of the police officer. The test
15or tests shall be administered at the direction of the
16arresting officer. The law enforcement agency employing the
17officer shall designate which of the aforesaid tests shall be
18administered. Up to 2 additional tests of urine or other bodily
19substance may be administered even after a blood or breath test
20or both has been administered.
21    (b) A person who is dead, unconscious, or who is otherwise
22in a condition rendering that person incapable of refusal,
23shall be deemed not to have withdrawn the consent provided by
24paragraph (a) of this Section and the test or tests may be
25administered subject to the following provisions:
26        (i) Chemical analysis of the person's blood, urine,

 

 

HB3472- 603 -LRB100 05726 SMS 15748 b

1    breath, or other bodily substance, to be considered valid
2    under the provisions of this Section, shall have been
3    performed according to standards promulgated by the
4    Department of State Police by an individual possessing a
5    valid permit issued by that Department for this purpose.
6    The Director of State Police is authorized to approve
7    satisfactory techniques or methods, to ascertain the
8    qualifications and competence of individuals to conduct
9    analyses, to issue permits that shall be subject to
10    termination or revocation at the direction of that
11    Department, and to certify the accuracy of breath testing
12    equipment. The Department of State Police shall prescribe
13    regulations as necessary.
14        (ii) When a person submits to a blood test at the
15    request of a law enforcement officer under the provisions
16    of this Section, only a physician authorized to practice
17    medicine, a licensed physician assistant, a licensed
18    advanced practice registered nurse, a registered nurse, or
19    other qualified person trained in venipuncture and acting
20    under the direction of a licensed physician may withdraw
21    blood for the purpose of determining the alcohol content
22    therein. This limitation does not apply to the taking of
23    breath, other bodily substance, or urine specimens.
24        (iii) The person tested may have a physician, qualified
25    technician, chemist, registered nurse, or other qualified
26    person of his or her own choosing administer a chemical

 

 

HB3472- 604 -LRB100 05726 SMS 15748 b

1    test or tests in addition to any test or tests administered
2    at the direction of a law enforcement officer. The failure
3    or inability to obtain an additional test by a person shall
4    not preclude the consideration of the previously performed
5    chemical test.
6        (iv) Upon a request of the person who submits to a
7    chemical test or tests at the request of a law enforcement
8    officer, full information concerning the test or tests
9    shall be made available to the person or that person's
10    attorney.
11        (v) Alcohol concentration means either grams of
12    alcohol per 100 milliliters of blood or grams of alcohol
13    per 210 liters of breath.
14        (vi) If a driver is receiving medical treatment as a
15    result of a motor vehicle accident, a physician licensed to
16    practice medicine, licensed physician assistant, licensed
17    advanced practice registered nurse, registered nurse, or
18    other qualified person trained in venipuncture and acting
19    under the direction of a licensed physician shall withdraw
20    blood for testing purposes to ascertain the presence of
21    alcohol upon the specific request of a law enforcement
22    officer. However, that testing shall not be performed
23    until, in the opinion of the medical personnel on scene,
24    the withdrawal can be made without interfering with or
25    endangering the well-being of the patient.
26    (c) A person requested to submit to a test as provided

 

 

HB3472- 605 -LRB100 05726 SMS 15748 b

1above shall be warned by the law enforcement officer requesting
2the test that a refusal to submit to the test, or submission to
3the test resulting in an alcohol concentration of more than
40.00, may result in the loss of that person's privilege to
5operate a motor vehicle and may result in the disqualification
6of the person's privilege to operate a commercial motor
7vehicle, as provided in Section 6-514 of this Code, if the
8person is a CDL holder. The loss of driving privileges shall be
9imposed in accordance with Section 6-208.2 of this Code.
10    A person requested to submit to a test shall also
11acknowledge, in writing, receipt of the warning required under
12this Section. If the person refuses to acknowledge receipt of
13the warning, the law enforcement officer shall make a written
14notation on the warning that the person refused to sign the
15warning. A person's refusal to sign the warning shall not be
16evidence that the person was not read the warning.
17    (d) If the person refuses testing or submits to a test that
18discloses an alcohol concentration of more than 0.00, the law
19enforcement officer shall immediately submit a sworn report to
20the Secretary of State on a form prescribed by the Secretary of
21State, certifying that the test or tests were requested under
22subsection (a) and the person refused to submit to a test or
23tests or submitted to testing which disclosed an alcohol
24concentration of more than 0.00. The law enforcement officer
25shall submit the same sworn report when a person under the age
26of 21 submits to testing under Section 11-501.1 of this Code

 

 

HB3472- 606 -LRB100 05726 SMS 15748 b

1and the testing discloses an alcohol concentration of more than
20.00 and less than 0.08.
3    Upon receipt of the sworn report of a law enforcement
4officer, the Secretary of State shall enter the suspension and
5disqualification on the individual's driving record and the
6suspension and disqualification shall be effective on the 46th
7day following the date notice of the suspension was given to
8the person. If this suspension is the individual's first
9driver's license suspension under this Section, reports
10received by the Secretary of State under this Section shall,
11except during the time the suspension is in effect, be
12privileged information and for use only by the courts, police
13officers, prosecuting authorities, the Secretary of State, or
14the individual personally, unless the person is a CDL holder,
15is operating a commercial motor vehicle or vehicle required to
16be placarded for hazardous materials, in which case the
17suspension shall not be privileged. Reports received by the
18Secretary of State under this Section shall also be made
19available to the parent or guardian of a person under the age
20of 18 years that holds an instruction permit or a graduated
21driver's license, regardless of whether the suspension is in
22effect.
23    The law enforcement officer submitting the sworn report
24shall serve immediate notice of this suspension on the person
25and the suspension and disqualification shall be effective on
26the 46th day following the date notice was given.

 

 

HB3472- 607 -LRB100 05726 SMS 15748 b

1    In cases where the blood alcohol concentration of more than
20.00 is established by a subsequent analysis of blood, other
3bodily substance, or urine, the police officer or arresting
4agency shall give notice as provided in this Section or by
5deposit in the United States mail of that notice in an envelope
6with postage prepaid and addressed to that person at his last
7known address and the loss of driving privileges shall be
8effective on the 46th day following the date notice was given.
9    Upon receipt of the sworn report of a law enforcement
10officer, the Secretary of State shall also give notice of the
11suspension and disqualification to the driver by mailing a
12notice of the effective date of the suspension and
13disqualification to the individual. However, should the sworn
14report be defective by not containing sufficient information or
15be completed in error, the notice of the suspension and
16disqualification shall not be mailed to the person or entered
17to the driving record, but rather the sworn report shall be
18returned to the issuing law enforcement agency.
19    (e) A driver may contest this suspension and
20disqualification by requesting an administrative hearing with
21the Secretary of State in accordance with Section 2-118 of this
22Code. An individual whose blood alcohol concentration is shown
23to be more than 0.00 is not subject to this Section if he or she
24consumed alcohol in the performance of a religious service or
25ceremony. An individual whose blood alcohol concentration is
26shown to be more than 0.00 shall not be subject to this Section

 

 

HB3472- 608 -LRB100 05726 SMS 15748 b

1if the individual's blood alcohol concentration resulted only
2from ingestion of the prescribed or recommended dosage of
3medicine that contained alcohol. The petition for that hearing
4shall not stay or delay the effective date of the impending
5suspension. The scope of this hearing shall be limited to the
6issues of:
7        (1) whether the police officer had probable cause to
8    believe that the person was driving or in actual physical
9    control of a motor vehicle upon the public highways of the
10    State and the police officer had reason to believe that the
11    person was in violation of any provision of the Illinois
12    Vehicle Code or a similar provision of a local ordinance;
13    and
14        (2) whether the person was issued a Uniform Traffic
15    Ticket for any violation of the Illinois Vehicle Code or a
16    similar provision of a local ordinance; and
17        (3) whether the police officer had probable cause to
18    believe that the driver had consumed any amount of an
19    alcoholic beverage based upon the driver's physical
20    actions or other first-hand knowledge of the police
21    officer; and
22        (4) whether the person, after being advised by the
23    officer that the privilege to operate a motor vehicle would
24    be suspended if the person refused to submit to and
25    complete the test or tests, did refuse to submit to or
26    complete the test or tests to determine the person's

 

 

HB3472- 609 -LRB100 05726 SMS 15748 b

1    alcohol concentration; and
2        (5) whether the person, after being advised by the
3    officer that the privileges to operate a motor vehicle
4    would be suspended if the person submits to a chemical test
5    or tests and the test or tests disclose an alcohol
6    concentration of more than 0.00, did submit to and complete
7    the test or tests that determined an alcohol concentration
8    of more than 0.00; and
9        (6) whether the test result of an alcohol concentration
10    of more than 0.00 was based upon the person's consumption
11    of alcohol in the performance of a religious service or
12    ceremony; and
13        (7) whether the test result of an alcohol concentration
14    of more than 0.00 was based upon the person's consumption
15    of alcohol through ingestion of the prescribed or
16    recommended dosage of medicine.
17    At the conclusion of the hearing held under Section 2-118
18of this Code, the Secretary of State may rescind, continue, or
19modify the suspension and disqualification. If the Secretary of
20State does not rescind the suspension and disqualification, a
21restricted driving permit may be granted by the Secretary of
22State upon application being made and good cause shown. A
23restricted driving permit may be granted to relieve undue
24hardship by allowing driving for employment, educational, and
25medical purposes as outlined in item (3) of part (c) of Section
266-206 of this Code. The provisions of item (3) of part (c) of

 

 

HB3472- 610 -LRB100 05726 SMS 15748 b

1Section 6-206 of this Code and of subsection (f) of that
2Section shall apply. The Secretary of State shall promulgate
3rules providing for participation in an alcohol education and
4awareness program or activity, a drug education and awareness
5program or activity, or both as a condition to the issuance of
6a restricted driving permit for suspensions imposed under this
7Section.
8    (f) The results of any chemical testing performed in
9accordance with subsection (a) of this Section are not
10admissible in any civil or criminal proceeding, except that the
11results of the testing may be considered at a hearing held
12under Section 2-118 of this Code. However, the results of the
13testing may not be used to impose driver's license sanctions
14under Section 11-501.1 of this Code. A law enforcement officer
15may, however, pursue a statutory summary suspension or
16revocation of driving privileges under Section 11-501.1 of this
17Code if other physical evidence or first hand knowledge forms
18the basis of that suspension or revocation.
19    (g) This Section applies only to drivers who are under age
2021 at the time of the issuance of a Uniform Traffic Ticket for
21a violation of the Illinois Vehicle Code or a similar provision
22of a local ordinance, and a chemical test request is made under
23this Section.
24    (h) The action of the Secretary of State in suspending,
25revoking, cancelling, or disqualifying any license or permit
26shall be subject to judicial review in the Circuit Court of

 

 

HB3472- 611 -LRB100 05726 SMS 15748 b

1Sangamon County or in the Circuit Court of Cook County, and the
2provisions of the Administrative Review Law and its rules are
3hereby adopted and shall apply to and govern every action for
4the judicial review of final acts or decisions of the Secretary
5of State under this Section.
6(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
 
7    (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
8    Sec. 11-1301.2. Special decals for parking; persons with
9disabilities.
10    (a) The Secretary of State shall provide for, by
11administrative rules, the design, size, color, and placement of
12a person with disabilities motorist decal or device and shall
13provide for, by administrative rules, the content and form of
14an application for a person with disabilities motorist decal or
15device, which shall be used by local authorities in the
16issuance thereof to a person with temporary disabilities,
17provided that the decal or device is valid for no more than 90
18days, subject to renewal for like periods based upon continued
19disability, and further provided that the decal or device
20clearly sets forth the date that the decal or device expires.
21The application shall include the requirement of an Illinois
22Identification Card number or a State of Illinois driver's
23license number. This decal or device may be used by the
24authorized holder to designate and identify a vehicle not owned
25or displaying a registration plate as provided in Sections

 

 

HB3472- 612 -LRB100 05726 SMS 15748 b

13-609 and 3-616 of this Act to designate when the vehicle is
2being used to transport said person or persons with
3disabilities, and thus is entitled to enjoy all the privileges
4that would be afforded a person with disabilities licensed
5vehicle. Person with disabilities decals or devices issued and
6displayed pursuant to this Section shall be recognized and
7honored by all local authorities regardless of which local
8authority issued such decal or device.
9    The decal or device shall be issued only upon a showing by
10adequate documentation that the person for whose benefit the
11decal or device is to be used has a disability as defined in
12Section 1-159.1 of this Code and the disability is temporary.
13    (b) The local governing authorities shall be responsible
14for the provision of such decal or device, its issuance and
15designated placement within the vehicle. The cost of such decal
16or device shall be at the discretion of such local governing
17authority.
18    (c) The Secretary of State may, pursuant to Section
193-616(c), issue a person with disabilities parking decal or
20device to a person with disabilities as defined by Section
211-159.1. Any person with disabilities parking decal or device
22issued by the Secretary of State shall be registered to that
23person with disabilities in the form to be prescribed by the
24Secretary of State. The person with disabilities parking decal
25or device shall not display that person's address. One
26additional decal or device may be issued to an applicant upon

 

 

HB3472- 613 -LRB100 05726 SMS 15748 b

1his or her written request and with the approval of the
2Secretary of State. The written request must include a
3justification of the need for the additional decal or device.
4    (c-5) Beginning January 1, 2014, the Secretary shall
5provide by administrative rule for the issuance of a separate
6and distinct parking decal or device for persons with
7disabilities as defined by Section 1-159.1 of this Code and who
8meet the qualifications under this subsection. The authorized
9holder of a decal or device issued under this subsection (c-5)
10shall be exempt from the payment of fees generated by parking
11in a metered space, a parking area subject to paragraph (10) of
12subsection (a) of Section 11-209 of this Code, or a publicly
13owned parking area.
14    The Secretary shall issue a meter-exempt decal or device to
15a person with disabilities who: (i) has been issued
16registration plates under subsection (a) of Section 3-609 or
17Section 3-616 of this Code or a special decal or device under
18this Section, (ii) holds a valid Illinois driver's license, and
19(iii) is unable to do one or more of the following:
20        (1) manage, manipulate, or insert coins, or obtain
21    tickets or tokens in parking meters or ticket machines in
22    parking lots, due to the lack of fine motor control of both
23    hands;
24        (2) reach above his or her head to a height of 42
25    inches from the ground, due to a lack of finger, hand, or
26    upper extremity strength or mobility;

 

 

HB3472- 614 -LRB100 05726 SMS 15748 b

1        (3) approach a parking meter due to his or her use of a
2    wheelchair or other device for mobility; or
3        (4) walk more than 20 feet due to an orthopedic,
4    neurological, cardiovascular, or lung condition in which
5    the degree of debilitation is so severe that it almost
6    completely impedes the ability to walk.
7    The application for a meter-exempt parking decal or device
8shall contain a statement certified by a licensed physician,
9physician assistant, or advanced practice registered nurse
10attesting to the permanent nature of the applicant's condition
11and verifying that the applicant meets the physical
12qualifications specified in this subsection (c-5).
13    Notwithstanding the requirements of this subsection (c-5),
14the Secretary shall issue a meter-exempt decal or device to a
15person who has been issued registration plates under Section
163-616 of this Code or a special decal or device under this
17Section, if the applicant is the parent or guardian of a person
18with disabilities who is under 18 years of age and incapable of
19driving.
20    (d) Replacement decals or devices may be issued for lost,
21stolen, or destroyed decals upon application and payment of a
22$10 fee. The replacement fee may be waived for individuals that
23have claimed and received a grant under the Senior Citizens and
24Persons with Disabilities Property Tax Relief Act.
25    (e) A person classified as a veteran under subsection (e)
26of Section 6-106 of this Code that has been issued a decal or

 

 

HB3472- 615 -LRB100 05726 SMS 15748 b

1device under this Section shall not be required to submit
2evidence of disability in order to renew that decal or device
3if, at the time of initial application, he or she submitted
4evidence from his or her physician or the Department of
5Veterans' Affairs that the disability is of a permanent nature.
6However, the Secretary shall take reasonable steps to ensure
7the veteran still resides in this State at the time of the
8renewal. These steps may include requiring the veteran to
9provide additional documentation or to appear at a Secretary of
10State facility. To identify veterans who are eligible for this
11exemption, the Secretary shall compare the list of the persons
12who have been issued a decal or device to the list of persons
13who have been issued a vehicle registration plate for veterans
14with disabilities under Section 3-609 of this Code, or who are
15identified as a veteran on their driver's license under Section
166-110 of this Code or on their identification card under
17Section 4 of the Illinois Identification Card Act.
18(Source: P.A. 98-463, eff. 8-16-13; 98-577, eff. 1-1-14;
1998-879, eff. 1-1-15; 99-143, eff. 7-27-15.)
 
20    (625 ILCS 5/11-1301.5)
21    Sec. 11-1301.5. Fictitious or unlawfully altered
22disability license plate or parking decal or device.
23    (a) As used in this Section:
24    "Fictitious disability license plate or parking decal or
25device" means any issued disability license plate or parking

 

 

HB3472- 616 -LRB100 05726 SMS 15748 b

1decal or device, or any license plate issued to a veteran with
2a disability under Section 3-609 of this Code, that has been
3issued by the Secretary of State or an authorized unit of local
4government that was issued based upon false information
5contained on the required application.
6    "False information" means any incorrect or inaccurate
7information concerning the name, date of birth, social security
8number, driver's license number, physician certification, or
9any other information required on the Persons with Disabilities
10Certification for Plate or Parking Placard, on the Application
11for Replacement Disability Parking Placard, or on the
12application for license plates issued to veterans with
13disabilities under Section 3-609 of this Code, that falsifies
14the content of the application.
15    "Unlawfully altered disability license plate or parking
16permit or device" means any disability license plate or parking
17permit or device, or any license plate issued to a veteran with
18a disability under Section 3-609 of this Code, issued by the
19Secretary of State or an authorized unit of local government
20that has been physically altered or changed in such manner that
21false information appears on the license plate or parking decal
22or device.
23    "Authorized holder" means an individual issued a
24disability license plate under Section 3-616 of this Code or an
25individual issued a parking decal or device under Section
2611-1301.2 of this Code, or an individual issued a license plate

 

 

HB3472- 617 -LRB100 05726 SMS 15748 b

1for veterans with disabilities under Section 3-609 of this
2Code.
3    (b) It is a violation of this Section for any person:
4        (1) to knowingly possess any fictitious or unlawfully
5    altered disability license plate or parking decal or
6    device;
7        (2) to knowingly issue or assist in the issuance of, by
8    the Secretary of State or unit of local government, any
9    fictitious disability license plate or parking decal or
10    device;
11        (3) to knowingly alter any disability license plate or
12    parking decal or device;
13        (4) to knowingly manufacture, possess, transfer, or
14    provide any documentation used in the application process
15    whether real or fictitious, for the purpose of obtaining a
16    fictitious disability license plate or parking decal or
17    device;
18        (5) to knowingly provide any false information to the
19    Secretary of State or a unit of local government in order
20    to obtain a disability license plate or parking decal or
21    device;
22        (6) to knowingly transfer a disability license plate or
23    parking decal or device for the purpose of exercising the
24    privileges granted to an authorized holder of a disability
25    license plate or parking decal or device under this Code in
26    the absence of the authorized holder; or

 

 

HB3472- 618 -LRB100 05726 SMS 15748 b

1        (7) who is a physician, physician assistant, or
2    advanced practice registered nurse to knowingly falsify a
3    certification that a person is a person with disabilities
4    as defined by Section 1-159.1 of this Code.
5    (c) Sentence.
6        (1) Any person convicted of a violation of paragraph
7    (1), (2), (3), (4), (5), or (7) of subsection (b) of this
8    Section shall be guilty of a Class A misdemeanor and fined
9    not less than $1,000 for a first offense and shall be
10    guilty of a Class 4 felony and fined not less than $2,000
11    for a second or subsequent offense. Any person convicted of
12    a violation of subdivision (b)(6) of this Section is guilty
13    of a Class A misdemeanor and shall be fined not less than
14    $1,000 for a first offense and not less than $2,000 for a
15    second or subsequent offense. The circuit clerk shall
16    distribute one-half of any fine imposed on any person who
17    is found guilty of or pleads guilty to violating this
18    Section, including any person placed on court supervision
19    for violating this Section, to the law enforcement agency
20    that issued the citation or made the arrest. If more than
21    one law enforcement agency is responsible for issuing the
22    citation or making the arrest, one-half of the fine imposed
23    shall be shared equally.
24        (2) Any person who commits a violation of this Section
25    or a similar provision of a local ordinance may have his or
26    her driving privileges suspended or revoked by the

 

 

HB3472- 619 -LRB100 05726 SMS 15748 b

1    Secretary of State for a period of time determined by the
2    Secretary of State. The Secretary of State may suspend or
3    revoke the parking decal or device or the disability
4    license plate of any person who commits a violation of this
5    Section.
6        (3) Any police officer may seize the parking decal or
7    device from any person who commits a violation of this
8    Section. Any police officer may seize the disability
9    license plate upon authorization from the Secretary of
10    State. Any police officer may request that the Secretary of
11    State revoke the parking decal or device or the disability
12    license plate of any person who commits a violation of this
13    Section.
14(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
 
15    Section 310. The Boat Registration and Safety Act is
16amended by changing Section 5-16c as follows:
 
17    (625 ILCS 45/5-16c)
18    Sec. 5-16c. Operator involvement in personal injury or
19fatal boating accident; chemical tests.
20    (a) Any person who operates or is in actual physical
21control of a motorboat within this State and who has been
22involved in a personal injury or fatal boating accident shall
23be deemed to have given consent to a breath test using a
24portable device as approved by the Department of State Police

 

 

HB3472- 620 -LRB100 05726 SMS 15748 b

1or to a chemical test or tests of blood, breath, other bodily
2substance, or urine for the purpose of determining the content
3of alcohol, other drug or drugs, or intoxicating compound or
4compounds of the person's blood if arrested as evidenced by the
5issuance of a uniform citation for a violation of the Boat
6Registration and Safety Act or a similar provision of a local
7ordinance, with the exception of equipment violations
8contained in Article IV of this Act or similar provisions of
9local ordinances. The test or tests shall be administered at
10the direction of the arresting officer. The law enforcement
11agency employing the officer shall designate which of the
12aforesaid tests shall be administered. Up to 2 additional tests
13of urine or other bodily substance may be administered even
14after a blood or breath test or both has been administered.
15Compliance with this Section does not relieve the person from
16the requirements of any other Section of this Act.
17    (b) Any person who is dead, unconscious, or who is
18otherwise in a condition rendering that person incapable of
19refusal shall be deemed not to have withdrawn the consent
20provided by subsection (a) of this Section. In addition, if an
21operator of a motorboat is receiving medical treatment as a
22result of a boating accident, any physician licensed to
23practice medicine, licensed physician assistant, licensed
24advanced practice registered nurse, registered nurse, or a
25phlebotomist acting under the direction of a licensed physician
26shall withdraw blood for testing purposes to ascertain the

 

 

HB3472- 621 -LRB100 05726 SMS 15748 b

1presence of alcohol, other drug or drugs, or intoxicating
2compound or compounds, upon the specific request of a law
3enforcement officer. However, this testing shall not be
4performed until, in the opinion of the medical personnel on
5scene, the withdrawal can be made without interfering with or
6endangering the well-being of the patient.
7    (c) A person who is a CDL holder requested to submit to a
8test under subsection (a) of this Section shall be warned by
9the law enforcement officer requesting the test that a refusal
10to submit to the test, or submission to the test resulting in
11an alcohol concentration of 0.08 or more, or any amount of a
12drug, substance, or intoxicating compound resulting from the
13unlawful use or consumption of cannabis listed in the Cannabis
14Control Act, a controlled substance listed in the Illinois
15Controlled Substances Act, an intoxicating compound listed in
16the Use of Intoxicating Compounds Act, or methamphetamine as
17listed in the Methamphetamine Control and Community Protection
18Act as detected in the person's blood, other bodily substance,
19or urine, may result in the suspension of the person's
20privilege to operate a motor vehicle and may result in the
21disqualification of the person's privilege to operate a
22commercial motor vehicle, as provided in Section 6-514 of the
23Illinois Vehicle Code. A person who is not a CDL holder
24requested to submit to a test under subsection (a) of this
25Section shall be warned by the law enforcement officer
26requesting the test that a refusal to submit to the test, or

 

 

HB3472- 622 -LRB100 05726 SMS 15748 b

1submission to the test resulting in an alcohol concentration of
20.08 or more, a tetrahydrocannabinol concentration in the
3person's whole blood or other bodily substance as defined in
4paragraph 6 of subsection (a) of Section 11-501.2 of the
5Illinois Vehicle Code, or any amount of a drug, substance, or
6intoxicating compound resulting from the unlawful use or
7consumption of a controlled substance listed in the Illinois
8Controlled Substances Act, an intoxicating compound listed in
9the Use of Intoxicating Compounds Act, or methamphetamine as
10listed in the Methamphetamine Control and Community Protection
11Act as detected in the person's blood, other bodily substance,
12or urine, may result in the suspension of the person's
13privilege to operate a motor vehicle. The length of the
14suspension shall be the same as outlined in Section 6-208.1 of
15the Illinois Vehicle Code regarding statutory summary
16suspensions.
17    (d) If the person is a CDL holder and refuses testing or
18submits to a test which discloses an alcohol concentration of
190.08 or more, or any amount of a drug, substance, or
20intoxicating compound in the person's blood, other bodily
21substance, or urine resulting from the unlawful use or
22consumption of cannabis listed in the Cannabis Control Act, a
23controlled substance listed in the Illinois Controlled
24Substances Act, an intoxicating compound listed in the Use of
25Intoxicating Compounds Act, or methamphetamine as listed in the
26Methamphetamine Control and Community Protection Act, the law

 

 

HB3472- 623 -LRB100 05726 SMS 15748 b

1enforcement officer shall immediately submit a sworn report to
2the Secretary of State on a form prescribed by the Secretary of
3State, certifying that the test or tests were requested under
4subsection (a) of this Section and the person refused to submit
5to a test or tests or submitted to testing which disclosed an
6alcohol concentration of 0.08 or more, or any amount of a drug,
7substance, or intoxicating compound in the person's blood,
8other bodily substance, or urine, resulting from the unlawful
9use or consumption of cannabis listed in the Cannabis Control
10Act, a controlled substance listed in the Illinois Controlled
11Substances Act, an intoxicating compound listed in the Use of
12Intoxicating Compounds Act, or methamphetamine as listed in the
13Methamphetamine Control and Community Protection Act. If the
14person is not a CDL holder and refuses testing or submits to a
15test which discloses an alcohol concentration of 0.08 or more,
16a tetrahydrocannabinol concentration in the person's whole
17blood or other bodily substance as defined in paragraph 6 of
18subsection (a) of Section 11-501.2 of the Illinois Vehicle
19Code, or any amount of a drug, substance, or intoxicating
20compound in the person's blood, other bodily substance, or
21urine resulting from the unlawful use or consumption of a
22controlled substance listed in the Illinois Controlled
23Substances Act, an intoxicating compound listed in the Use of
24Intoxicating Compounds Act, or methamphetamine as listed in the
25Methamphetamine Control and Community Protection Act, the law
26enforcement officer shall immediately submit a sworn report to

 

 

HB3472- 624 -LRB100 05726 SMS 15748 b

1the Secretary of State on a form prescribed by the Secretary of
2State, certifying that the test or tests were requested under
3subsection (a) of this Section and the person refused to submit
4to a test or tests or submitted to testing which disclosed an
5alcohol concentration of 0.08 or more, a tetrahydrocannabinol
6concentration in the person's whole blood or other bodily
7substance as defined in paragraph 6 of subsection (a) of
8Section 11-501.2 of the Illinois Vehicle Code, or any amount of
9a drug, substance, or intoxicating compound in the person's
10blood or urine, resulting from the unlawful use or consumption
11of a controlled substance listed in the Illinois Controlled
12Substances Act, an intoxicating compound listed in the Use of
13Intoxicating Compounds Act, or methamphetamine as listed in the
14Methamphetamine Control and Community Protection Act.
15    Upon receipt of the sworn report of a law enforcement
16officer, the Secretary of State shall enter the suspension and
17disqualification to the person's driving record and the
18suspension and disqualification shall be effective on the 46th
19day following the date notice of the suspension was given to
20the person.
21    The law enforcement officer submitting the sworn report
22shall serve immediate notice of this suspension on the person
23and this suspension and disqualification shall be effective on
24the 46th day following the date notice was given.
25    In cases involving a person who is a CDL holder where the
26blood alcohol concentration of 0.08 or more, or any amount of a

 

 

HB3472- 625 -LRB100 05726 SMS 15748 b

1drug, substance, or intoxicating compound resulting from the
2unlawful use or consumption of cannabis listed in the Cannabis
3Control Act, a controlled substance listed in the Illinois
4Controlled Substances Act, an intoxicating compound listed in
5the Use of Intoxicating Compounds Act, or methamphetamine as
6listed in the Methamphetamine Control and Community Protection
7Act, is established by a subsequent analysis of blood, other
8bodily substance, or urine collected at the time of arrest, the
9arresting officer shall give notice as provided in this Section
10or by deposit in the United States mail of this notice in an
11envelope with postage prepaid and addressed to the person at
12his or her address as shown on the uniform citation and the
13suspension and disqualification shall be effective on the 46th
14day following the date notice was given. In cases involving a
15person who is not a CDL holder where the blood alcohol
16concentration of 0.08 or more, a tetrahydrocannabinol
17concentration in the person's whole blood or other bodily
18substance as defined in paragraph 6 of subsection (a) of
19Section 11-501.2 of the Illinois Vehicle Code, or any amount of
20a drug, substance, or intoxicating compound resulting from the
21unlawful use or consumption of a controlled substance listed in
22the Illinois Controlled Substances Act, an intoxicating
23compound listed in the Use of Intoxicating Compounds Act, or
24methamphetamine as listed in the Methamphetamine Control and
25Community Protection Act, is established by a subsequent
26analysis of blood, other bodily substance, or urine collected

 

 

HB3472- 626 -LRB100 05726 SMS 15748 b

1at the time of arrest, the arresting officer shall give notice
2as provided in this Section or by deposit in the United States
3mail of this notice in an envelope with postage prepaid and
4addressed to the person at his or her address as shown on the
5uniform citation and the suspension shall be effective on the
646th day following the date notice was given.
7    Upon receipt of the sworn report of a law enforcement
8officer, the Secretary of State shall also give notice of the
9suspension and disqualification to the person by mailing a
10notice of the effective date of the suspension and
11disqualification to the person. However, should the sworn
12report be defective by not containing sufficient information or
13be completed in error, the notice of the suspension and
14disqualification shall not be mailed to the person or entered
15to the driving record, but rather the sworn report shall be
16returned to the issuing law enforcement agency.
17    (e) A person may contest this suspension of his or her
18driving privileges and disqualification of his or her CDL
19privileges by requesting an administrative hearing with the
20Secretary of State in accordance with Section 2-118 of the
21Illinois Vehicle Code. At the conclusion of a hearing held
22under Section 2-118 of the Illinois Vehicle Code, the Secretary
23of State may rescind, continue, or modify the orders of
24suspension and disqualification. If the Secretary of State does
25not rescind the orders of suspension and disqualification, a
26restricted driving permit may be granted by the Secretary of

 

 

HB3472- 627 -LRB100 05726 SMS 15748 b

1State upon application being made and good cause shown. A
2restricted driving permit may be granted to relieve undue
3hardship to allow driving for employment, educational, and
4medical purposes as outlined in Section 6-206 of the Illinois
5Vehicle Code. The provisions of Section 6-206 of the Illinois
6Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the
7Secretary of State may not issue a restricted driving permit
8for the operation of a commercial motor vehicle to a person
9holding a CDL whose driving privileges have been suspended,
10revoked, cancelled, or disqualified.
11    (f) For the purposes of this Section, a personal injury
12shall include any type A injury as indicated on the accident
13report completed by a law enforcement officer that requires
14immediate professional attention in a doctor's office or a
15medical facility. A type A injury shall include severely
16bleeding wounds, distorted extremities, and injuries that
17require the injured party to be carried from the scene.
18(Source: P.A. 98-103, eff. 1-1-14; 99-697, eff. 7-29-16.)
 
19    Section 315. The Criminal Code of 2012 is amended by
20changing Section 9-1 as follows:
 
21    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
22    Sec. 9-1. First degree Murder - Death penalties -
23Exceptions - Separate Hearings - Proof - Findings - Appellate
24procedures - Reversals.

 

 

HB3472- 628 -LRB100 05726 SMS 15748 b

1    (a) A person who kills an individual without lawful
2justification commits first degree murder if, in performing the
3acts which cause the death:
4        (1) he either intends to kill or do great bodily harm
5    to that individual or another, or knows that such acts will
6    cause death to that individual or another; or
7        (2) he knows that such acts create a strong probability
8    of death or great bodily harm to that individual or
9    another; or
10        (3) he is attempting or committing a forcible felony
11    other than second degree murder.
12    (b) Aggravating Factors. A defendant who at the time of the
13commission of the offense has attained the age of 18 or more
14and who has been found guilty of first degree murder may be
15sentenced to death if:
16        (1) the murdered individual was a peace officer or
17    fireman killed in the course of performing his official
18    duties, to prevent the performance of his official duties,
19    or in retaliation for performing his official duties, and
20    the defendant knew or should have known that the murdered
21    individual was a peace officer or fireman; or
22        (2) the murdered individual was an employee of an
23    institution or facility of the Department of Corrections,
24    or any similar local correctional agency, killed in the
25    course of performing his official duties, to prevent the
26    performance of his official duties, or in retaliation for

 

 

HB3472- 629 -LRB100 05726 SMS 15748 b

1    performing his official duties, or the murdered individual
2    was an inmate at such institution or facility and was
3    killed on the grounds thereof, or the murdered individual
4    was otherwise present in such institution or facility with
5    the knowledge and approval of the chief administrative
6    officer thereof; or
7        (3) the defendant has been convicted of murdering two
8    or more individuals under subsection (a) of this Section or
9    under any law of the United States or of any state which is
10    substantially similar to subsection (a) of this Section
11    regardless of whether the deaths occurred as the result of
12    the same act or of several related or unrelated acts so
13    long as the deaths were the result of either an intent to
14    kill more than one person or of separate acts which the
15    defendant knew would cause death or create a strong
16    probability of death or great bodily harm to the murdered
17    individual or another; or
18        (4) the murdered individual was killed as a result of
19    the hijacking of an airplane, train, ship, bus or other
20    public conveyance; or
21        (5) the defendant committed the murder pursuant to a
22    contract, agreement or understanding by which he was to
23    receive money or anything of value in return for committing
24    the murder or procured another to commit the murder for
25    money or anything of value; or
26        (6) the murdered individual was killed in the course of

 

 

HB3472- 630 -LRB100 05726 SMS 15748 b

1    another felony if:
2            (a) the murdered individual:
3                (i) was actually killed by the defendant, or
4                (ii) received physical injuries personally
5            inflicted by the defendant substantially
6            contemporaneously with physical injuries caused by
7            one or more persons for whose conduct the defendant
8            is legally accountable under Section 5-2 of this
9            Code, and the physical injuries inflicted by
10            either the defendant or the other person or persons
11            for whose conduct he is legally accountable caused
12            the death of the murdered individual; and
13            (b) in performing the acts which caused the death
14        of the murdered individual or which resulted in
15        physical injuries personally inflicted by the
16        defendant on the murdered individual under the
17        circumstances of subdivision (ii) of subparagraph (a)
18        of paragraph (6) of subsection (b) of this Section, the
19        defendant acted with the intent to kill the murdered
20        individual or with the knowledge that his acts created
21        a strong probability of death or great bodily harm to
22        the murdered individual or another; and
23            (c) the other felony was an inherently violent
24        crime or the attempt to commit an inherently violent
25        crime. In this subparagraph (c), "inherently violent
26        crime" includes, but is not limited to, armed robbery,

 

 

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1        robbery, predatory criminal sexual assault of a child,
2        aggravated criminal sexual assault, aggravated
3        kidnapping, aggravated vehicular hijacking, aggravated
4        arson, aggravated stalking, residential burglary, and
5        home invasion; or
6        (7) the murdered individual was under 12 years of age
7    and the death resulted from exceptionally brutal or heinous
8    behavior indicative of wanton cruelty; or
9        (8) the defendant committed the murder with intent to
10    prevent the murdered individual from testifying or
11    participating in any criminal investigation or prosecution
12    or giving material assistance to the State in any
13    investigation or prosecution, either against the defendant
14    or another; or the defendant committed the murder because
15    the murdered individual was a witness in any prosecution or
16    gave material assistance to the State in any investigation
17    or prosecution, either against the defendant or another;
18    for purposes of this paragraph (8), "participating in any
19    criminal investigation or prosecution" is intended to
20    include those appearing in the proceedings in any capacity
21    such as trial judges, prosecutors, defense attorneys,
22    investigators, witnesses, or jurors; or
23        (9) the defendant, while committing an offense
24    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
25    407 or 407.1 or subsection (b) of Section 404 of the
26    Illinois Controlled Substances Act, or while engaged in a

 

 

HB3472- 632 -LRB100 05726 SMS 15748 b

1    conspiracy or solicitation to commit such offense,
2    intentionally killed an individual or counseled,
3    commanded, induced, procured or caused the intentional
4    killing of the murdered individual; or
5        (10) the defendant was incarcerated in an institution
6    or facility of the Department of Corrections at the time of
7    the murder, and while committing an offense punishable as a
8    felony under Illinois law, or while engaged in a conspiracy
9    or solicitation to commit such offense, intentionally
10    killed an individual or counseled, commanded, induced,
11    procured or caused the intentional killing of the murdered
12    individual; or
13        (11) the murder was committed in a cold, calculated and
14    premeditated manner pursuant to a preconceived plan,
15    scheme or design to take a human life by unlawful means,
16    and the conduct of the defendant created a reasonable
17    expectation that the death of a human being would result
18    therefrom; or
19        (12) the murdered individual was an emergency medical
20    technician - ambulance, emergency medical technician -
21    intermediate, emergency medical technician - paramedic,
22    ambulance driver, or other medical assistance or first aid
23    personnel, employed by a municipality or other
24    governmental unit, killed in the course of performing his
25    official duties, to prevent the performance of his official
26    duties, or in retaliation for performing his official

 

 

HB3472- 633 -LRB100 05726 SMS 15748 b

1    duties, and the defendant knew or should have known that
2    the murdered individual was an emergency medical
3    technician - ambulance, emergency medical technician -
4    intermediate, emergency medical technician - paramedic,
5    ambulance driver, or other medical assistance or first aid
6    personnel; or
7        (13) the defendant was a principal administrator,
8    organizer, or leader of a calculated criminal drug
9    conspiracy consisting of a hierarchical position of
10    authority superior to that of all other members of the
11    conspiracy, and the defendant counseled, commanded,
12    induced, procured, or caused the intentional killing of the
13    murdered person; or
14        (14) the murder was intentional and involved the
15    infliction of torture. For the purpose of this Section
16    torture means the infliction of or subjection to extreme
17    physical pain, motivated by an intent to increase or
18    prolong the pain, suffering or agony of the victim; or
19        (15) the murder was committed as a result of the
20    intentional discharge of a firearm by the defendant from a
21    motor vehicle and the victim was not present within the
22    motor vehicle; or
23        (16) the murdered individual was 60 years of age or
24    older and the death resulted from exceptionally brutal or
25    heinous behavior indicative of wanton cruelty; or
26        (17) the murdered individual was a person with a

 

 

HB3472- 634 -LRB100 05726 SMS 15748 b

1    disability and the defendant knew or should have known that
2    the murdered individual was a person with a disability. For
3    purposes of this paragraph (17), "person with a disability"
4    means a person who suffers from a permanent physical or
5    mental impairment resulting from disease, an injury, a
6    functional disorder, or a congenital condition that
7    renders the person incapable of adequately providing for
8    his or her own health or personal care; or
9        (18) the murder was committed by reason of any person's
10    activity as a community policing volunteer or to prevent
11    any person from engaging in activity as a community
12    policing volunteer; or
13        (19) the murdered individual was subject to an order of
14    protection and the murder was committed by a person against
15    whom the same order of protection was issued under the
16    Illinois Domestic Violence Act of 1986; or
17        (20) the murdered individual was known by the defendant
18    to be a teacher or other person employed in any school and
19    the teacher or other employee is upon the grounds of a
20    school or grounds adjacent to a school, or is in any part
21    of a building used for school purposes; or
22        (21) the murder was committed by the defendant in
23    connection with or as a result of the offense of terrorism
24    as defined in Section 29D-14.9 of this Code.
25    (b-5) Aggravating Factor; Natural Life Imprisonment. A
26defendant who has been found guilty of first degree murder and

 

 

HB3472- 635 -LRB100 05726 SMS 15748 b

1who at the time of the commission of the offense had attained
2the age of 18 years or more may be sentenced to natural life
3imprisonment if (i) the murdered individual was a physician,
4physician assistant, psychologist, nurse, or advanced practice
5registered nurse, (ii) the defendant knew or should have known
6that the murdered individual was a physician, physician
7assistant, psychologist, nurse, or advanced practice
8registered nurse, and (iii) the murdered individual was killed
9in the course of acting in his or her capacity as a physician,
10physician assistant, psychologist, nurse, or advanced practice
11registered nurse, or to prevent him or her from acting in that
12capacity, or in retaliation for his or her acting in that
13capacity.
14     (c) Consideration of factors in Aggravation and
15Mitigation.
16    The court shall consider, or shall instruct the jury to
17consider any aggravating and any mitigating factors which are
18relevant to the imposition of the death penalty. Aggravating
19factors may include but need not be limited to those factors
20set forth in subsection (b). Mitigating factors may include but
21need not be limited to the following:
22        (1) the defendant has no significant history of prior
23    criminal activity;
24        (2) the murder was committed while the defendant was
25    under the influence of extreme mental or emotional
26    disturbance, although not such as to constitute a defense

 

 

HB3472- 636 -LRB100 05726 SMS 15748 b

1    to prosecution;
2        (3) the murdered individual was a participant in the
3    defendant's homicidal conduct or consented to the
4    homicidal act;
5        (4) the defendant acted under the compulsion of threat
6    or menace of the imminent infliction of death or great
7    bodily harm;
8        (5) the defendant was not personally present during
9    commission of the act or acts causing death;
10        (6) the defendant's background includes a history of
11    extreme emotional or physical abuse;
12        (7) the defendant suffers from a reduced mental
13    capacity.
14    (d) Separate sentencing hearing.
15    Where requested by the State, the court shall conduct a
16separate sentencing proceeding to determine the existence of
17factors set forth in subsection (b) and to consider any
18aggravating or mitigating factors as indicated in subsection
19(c). The proceeding shall be conducted:
20        (1) before the jury that determined the defendant's
21    guilt; or
22        (2) before a jury impanelled for the purpose of the
23    proceeding if:
24            A. the defendant was convicted upon a plea of
25        guilty; or
26            B. the defendant was convicted after a trial before

 

 

HB3472- 637 -LRB100 05726 SMS 15748 b

1        the court sitting without a jury; or
2            C. the court for good cause shown discharges the
3        jury that determined the defendant's guilt; or
4        (3) before the court alone if the defendant waives a
5    jury for the separate proceeding.
6    (e) Evidence and Argument.
7    During the proceeding any information relevant to any of
8the factors set forth in subsection (b) may be presented by
9either the State or the defendant under the rules governing the
10admission of evidence at criminal trials. Any information
11relevant to any additional aggravating factors or any
12mitigating factors indicated in subsection (c) may be presented
13by the State or defendant regardless of its admissibility under
14the rules governing the admission of evidence at criminal
15trials. The State and the defendant shall be given fair
16opportunity to rebut any information received at the hearing.
17    (f) Proof.
18    The burden of proof of establishing the existence of any of
19the factors set forth in subsection (b) is on the State and
20shall not be satisfied unless established beyond a reasonable
21doubt.
22    (g) Procedure - Jury.
23    If at the separate sentencing proceeding the jury finds
24that none of the factors set forth in subsection (b) exists,
25the court shall sentence the defendant to a term of
26imprisonment under Chapter V of the Unified Code of

 

 

HB3472- 638 -LRB100 05726 SMS 15748 b

1Corrections. If there is a unanimous finding by the jury that
2one or more of the factors set forth in subsection (b) exist,
3the jury shall consider aggravating and mitigating factors as
4instructed by the court and shall determine whether the
5sentence of death shall be imposed. If the jury determines
6unanimously, after weighing the factors in aggravation and
7mitigation, that death is the appropriate sentence, the court
8shall sentence the defendant to death. If the court does not
9concur with the jury determination that death is the
10appropriate sentence, the court shall set forth reasons in
11writing including what facts or circumstances the court relied
12upon, along with any relevant documents, that compelled the
13court to non-concur with the sentence. This document and any
14attachments shall be part of the record for appellate review.
15The court shall be bound by the jury's sentencing
16determination.
17    If after weighing the factors in aggravation and
18mitigation, one or more jurors determines that death is not the
19appropriate sentence, the court shall sentence the defendant to
20a term of imprisonment under Chapter V of the Unified Code of
21Corrections.
22    (h) Procedure - No Jury.
23    In a proceeding before the court alone, if the court finds
24that none of the factors found in subsection (b) exists, the
25court shall sentence the defendant to a term of imprisonment
26under Chapter V of the Unified Code of Corrections.

 

 

HB3472- 639 -LRB100 05726 SMS 15748 b

1    If the Court determines that one or more of the factors set
2forth in subsection (b) exists, the Court shall consider any
3aggravating and mitigating factors as indicated in subsection
4(c). If the Court determines, after weighing the factors in
5aggravation and mitigation, that death is the appropriate
6sentence, the Court shall sentence the defendant to death.
7    If the court finds that death is not the appropriate
8sentence, the court shall sentence the defendant to a term of
9imprisonment under Chapter V of the Unified Code of
10Corrections.
11    (h-5) Decertification as a capital case.
12    In a case in which the defendant has been found guilty of
13first degree murder by a judge or jury, or a case on remand for
14resentencing, and the State seeks the death penalty as an
15appropriate sentence, on the court's own motion or the written
16motion of the defendant, the court may decertify the case as a
17death penalty case if the court finds that the only evidence
18supporting the defendant's conviction is the uncorroborated
19testimony of an informant witness, as defined in Section 115-21
20of the Code of Criminal Procedure of 1963, concerning the
21confession or admission of the defendant or that the sole
22evidence against the defendant is a single eyewitness or single
23accomplice without any other corroborating evidence. If the
24court decertifies the case as a capital case under either of
25the grounds set forth above, the court shall issue a written
26finding. The State may pursue its right to appeal the

 

 

HB3472- 640 -LRB100 05726 SMS 15748 b

1decertification pursuant to Supreme Court Rule 604(a)(1). If
2the court does not decertify the case as a capital case, the
3matter shall proceed to the eligibility phase of the sentencing
4hearing.
5    (i) Appellate Procedure.
6    The conviction and sentence of death shall be subject to
7automatic review by the Supreme Court. Such review shall be in
8accordance with rules promulgated by the Supreme Court. The
9Illinois Supreme Court may overturn the death sentence, and
10order the imposition of imprisonment under Chapter V of the
11Unified Code of Corrections if the court finds that the death
12sentence is fundamentally unjust as applied to the particular
13case. If the Illinois Supreme Court finds that the death
14sentence is fundamentally unjust as applied to the particular
15case, independent of any procedural grounds for relief, the
16Illinois Supreme Court shall issue a written opinion explaining
17this finding.
18    (j) Disposition of reversed death sentence.
19    In the event that the death penalty in this Act is held to
20be unconstitutional by the Supreme Court of the United States
21or of the State of Illinois, any person convicted of first
22degree murder shall be sentenced by the court to a term of
23imprisonment under Chapter V of the Unified Code of
24Corrections.
25    In the event that any death sentence pursuant to the
26sentencing provisions of this Section is declared

 

 

HB3472- 641 -LRB100 05726 SMS 15748 b

1unconstitutional by the Supreme Court of the United States or
2of the State of Illinois, the court having jurisdiction over a
3person previously sentenced to death shall cause the defendant
4to be brought before the court, and the court shall sentence
5the defendant to a term of imprisonment under Chapter V of the
6Unified Code of Corrections.
7    (k) Guidelines for seeking the death penalty.
8    The Attorney General and State's Attorneys Association
9shall consult on voluntary guidelines for procedures governing
10whether or not to seek the death penalty. The guidelines do not
11have the force of law and are only advisory in nature.
12(Source: P.A. 99-143, eff. 7-27-15.)
 
13    Section 320. The Illinois Controlled Substances Act is
14amended by changing Sections 102, 302, 303.05, 313, and 320 as
15follows:
 
16    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
17    Sec. 102. Definitions. As used in this Act, unless the
18context otherwise requires:
19    (a) "Addict" means any person who habitually uses any drug,
20chemical, substance or dangerous drug other than alcohol so as
21to endanger the public morals, health, safety or welfare or who
22is so far addicted to the use of a dangerous drug or controlled
23substance other than alcohol as to have lost the power of self
24control with reference to his or her addiction.

 

 

HB3472- 642 -LRB100 05726 SMS 15748 b

1    (b) "Administer" means the direct application of a
2controlled substance, whether by injection, inhalation,
3ingestion, or any other means, to the body of a patient,
4research subject, or animal (as defined by the Humane
5Euthanasia in Animal Shelters Act) by:
6        (1) a practitioner (or, in his or her presence, by his
7    or her authorized agent),
8        (2) the patient or research subject pursuant to an
9    order, or
10        (3) a euthanasia technician as defined by the Humane
11    Euthanasia in Animal Shelters Act.
12    (c) "Agent" means an authorized person who acts on behalf
13of or at the direction of a manufacturer, distributor,
14dispenser, prescriber, or practitioner. It does not include a
15common or contract carrier, public warehouseman or employee of
16the carrier or warehouseman.
17    (c-1) "Anabolic Steroids" means any drug or hormonal
18substance, chemically and pharmacologically related to
19testosterone (other than estrogens, progestins,
20corticosteroids, and dehydroepiandrosterone), and includes:
21    (i) 3[beta],17-dihydroxy-5a-androstane, 
22    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
23    (iii) 5[alpha]-androstan-3,17-dione, 
24    (iv) 1-androstenediol (3[beta], 
25        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
26    (v) 1-androstenediol (3[alpha], 

 

 

HB3472- 643 -LRB100 05726 SMS 15748 b

1        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
2    (vi) 4-androstenediol  
3        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
4    (vii) 5-androstenediol  
5        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
6    (viii) 1-androstenedione  
7        ([5alpha]-androst-1-en-3,17-dione), 
8    (ix) 4-androstenedione  
9        (androst-4-en-3,17-dione), 
10    (x) 5-androstenedione  
11        (androst-5-en-3,17-dione), 
12    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
13        hydroxyandrost-4-en-3-one), 
14    (xii) boldenone (17[beta]-hydroxyandrost- 
15        1,4,-diene-3-one), 
16    (xiii) boldione (androsta-1,4- 
17        diene-3,17-dione), 
18    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
19        [beta]-hydroxyandrost-4-en-3-one), 
20    (xv) clostebol (4-chloro-17[beta]- 
21        hydroxyandrost-4-en-3-one), 
22    (xvi) dehydrochloromethyltestosterone (4-chloro- 
23        17[beta]-hydroxy-17[alpha]-methyl- 
24        androst-1,4-dien-3-one), 
25    (xvii) desoxymethyltestosterone 
26    (17[alpha]-methyl-5[alpha] 

 

 

HB3472- 644 -LRB100 05726 SMS 15748 b

1        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
2    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
3        '1-testosterone') (17[beta]-hydroxy- 
4        5[alpha]-androst-1-en-3-one), 
5    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
6        androstan-3-one), 
7    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
8        5[alpha]-androstan-3-one), 
9    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
10        hydroxyestr-4-ene), 
11    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
12        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
13    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
14        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
15    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
16        hydroxyandrostano[2,3-c]-furazan), 
17    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
18    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
19        androst-4-en-3-one), 
20    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
21        dihydroxy-estr-4-en-3-one), 
22    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
23        hydroxy-5-androstan-3-one), 
24    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
25        [5a]-androstan-3-one), 
26    (xxx) methandienone (17[alpha]-methyl-17[beta]- 

 

 

HB3472- 645 -LRB100 05726 SMS 15748 b

1        hydroxyandrost-1,4-dien-3-one), 
2    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
3        dihydroxyandrost-5-ene), 
4    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
5        5[alpha]-androst-1-en-3-one), 
6    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
7        dihydroxy-5a-androstane), 
8    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
9        -5a-androstane), 
10    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
11        dihydroxyandrost-4-ene), 
12    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
13        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
14    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
15        hydroxyestra-4,9(10)-dien-3-one), 
16    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
17        hydroxyestra-4,9-11-trien-3-one), 
18    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
19        hydroxyandrost-4-en-3-one), 
20    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
21        hydroxyestr-4-en-3-one), 
22    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
23        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
24        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
25        1-testosterone'), 
26    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 

 

 

HB3472- 646 -LRB100 05726 SMS 15748 b

1    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
2        dihydroxyestr-4-ene), 
3    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
4        dihydroxyestr-4-ene), 
5    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
6        dihydroxyestr-5-ene), 
7    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
8        dihydroxyestr-5-ene), 
9    (xlvii) 19-nor-4,9(10)-androstadienedione  
10        (estra-4,9(10)-diene-3,17-dione), 
11    (xlviii) 19-nor-4-androstenedione (estr-4- 
12        en-3,17-dione), 
13    (xlix) 19-nor-5-androstenedione (estr-5- 
14        en-3,17-dione), 
15    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
16        hydroxygon-4-en-3-one), 
17    (li) norclostebol (4-chloro-17[beta]- 
18        hydroxyestr-4-en-3-one), 
19    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
20        hydroxyestr-4-en-3-one), 
21    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
22        hydroxyestr-4-en-3-one), 
23    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
24        2-oxa-5[alpha]-androstan-3-one), 
25    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
26        dihydroxyandrost-4-en-3-one), 

 

 

HB3472- 647 -LRB100 05726 SMS 15748 b

1    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
2        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
3    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
4        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
5    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
6        (5[alpha]-androst-1-en-3-one), 
7    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
8        secoandrosta-1,4-dien-17-oic 
9        acid lactone), 
10    (lx) testosterone (17[beta]-hydroxyandrost- 
11        4-en-3-one), 
12    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
13        diethyl-17[beta]-hydroxygon- 
14        4,9,11-trien-3-one), 
15    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
16        11-trien-3-one). 
17    Any person who is otherwise lawfully in possession of an
18anabolic steroid, or who otherwise lawfully manufactures,
19distributes, dispenses, delivers, or possesses with intent to
20deliver an anabolic steroid, which anabolic steroid is
21expressly intended for and lawfully allowed to be administered
22through implants to livestock or other nonhuman species, and
23which is approved by the Secretary of Health and Human Services
24for such administration, and which the person intends to
25administer or have administered through such implants, shall
26not be considered to be in unauthorized possession or to

 

 

HB3472- 648 -LRB100 05726 SMS 15748 b

1unlawfully manufacture, distribute, dispense, deliver, or
2possess with intent to deliver such anabolic steroid for
3purposes of this Act.
4    (d) "Administration" means the Drug Enforcement
5Administration, United States Department of Justice, or its
6successor agency.
7    (d-5) "Clinical Director, Prescription Monitoring Program"
8means a Department of Human Services administrative employee
9licensed to either prescribe or dispense controlled substances
10who shall run the clinical aspects of the Department of Human
11Services Prescription Monitoring Program and its Prescription
12Information Library.
13    (d-10) "Compounding" means the preparation and mixing of
14components, excluding flavorings, (1) as the result of a
15prescriber's prescription drug order or initiative based on the
16prescriber-patient-pharmacist relationship in the course of
17professional practice or (2) for the purpose of, or incident
18to, research, teaching, or chemical analysis and not for sale
19or dispensing. "Compounding" includes the preparation of drugs
20or devices in anticipation of receiving prescription drug
21orders based on routine, regularly observed dispensing
22patterns. Commercially available products may be compounded
23for dispensing to individual patients only if both of the
24following conditions are met: (i) the commercial product is not
25reasonably available from normal distribution channels in a
26timely manner to meet the patient's needs and (ii) the

 

 

HB3472- 649 -LRB100 05726 SMS 15748 b

1prescribing practitioner has requested that the drug be
2compounded.
3    (e) "Control" means to add a drug or other substance, or
4immediate precursor, to a Schedule whether by transfer from
5another Schedule or otherwise.
6    (f) "Controlled Substance" means (i) a drug, substance,
7immediate precursor, or synthetic drug in the Schedules of
8Article II of this Act or (ii) a drug or other substance, or
9immediate precursor, designated as a controlled substance by
10the Department through administrative rule. The term does not
11include distilled spirits, wine, malt beverages, or tobacco, as
12those terms are defined or used in the Liquor Control Act of
131934 and the Tobacco Products Tax Act of 1995.
14    (f-5) "Controlled substance analog" means a substance:
15        (1) the chemical structure of which is substantially
16    similar to the chemical structure of a controlled substance
17    in Schedule I or II;
18        (2) which has a stimulant, depressant, or
19    hallucinogenic effect on the central nervous system that is
20    substantially similar to or greater than the stimulant,
21    depressant, or hallucinogenic effect on the central
22    nervous system of a controlled substance in Schedule I or
23    II; or
24        (3) with respect to a particular person, which such
25    person represents or intends to have a stimulant,
26    depressant, or hallucinogenic effect on the central

 

 

HB3472- 650 -LRB100 05726 SMS 15748 b

1    nervous system that is substantially similar to or greater
2    than the stimulant, depressant, or hallucinogenic effect
3    on the central nervous system of a controlled substance in
4    Schedule I or II.
5    (g) "Counterfeit substance" means a controlled substance,
6which, or the container or labeling of which, without
7authorization bears the trademark, trade name, or other
8identifying mark, imprint, number or device, or any likeness
9thereof, of a manufacturer, distributor, or dispenser other
10than the person who in fact manufactured, distributed, or
11dispensed the substance.
12    (h) "Deliver" or "delivery" means the actual, constructive
13or attempted transfer of possession of a controlled substance,
14with or without consideration, whether or not there is an
15agency relationship.
16    (i) "Department" means the Illinois Department of Human
17Services (as successor to the Department of Alcoholism and
18Substance Abuse) or its successor agency.
19    (j) (Blank).
20    (k) "Department of Corrections" means the Department of
21Corrections of the State of Illinois or its successor agency.
22    (l) "Department of Financial and Professional Regulation"
23means the Department of Financial and Professional Regulation
24of the State of Illinois or its successor agency.
25    (m) "Depressant" means any drug that (i) causes an overall
26depression of central nervous system functions, (ii) causes

 

 

HB3472- 651 -LRB100 05726 SMS 15748 b

1impaired consciousness and awareness, and (iii) can be
2habit-forming or lead to a substance abuse problem, including
3but not limited to alcohol, cannabis and its active principles
4and their analogs, benzodiazepines and their analogs,
5barbiturates and their analogs, opioids (natural and
6synthetic) and their analogs, and chloral hydrate and similar
7sedative hypnotics.
8    (n) (Blank).
9    (o) "Director" means the Director of the Illinois State
10Police or his or her designated agents.
11    (p) "Dispense" means to deliver a controlled substance to
12an ultimate user or research subject by or pursuant to the
13lawful order of a prescriber, including the prescribing,
14administering, packaging, labeling, or compounding necessary
15to prepare the substance for that delivery.
16    (q) "Dispenser" means a practitioner who dispenses.
17    (r) "Distribute" means to deliver, other than by
18administering or dispensing, a controlled substance.
19    (s) "Distributor" means a person who distributes.
20    (t) "Drug" means (1) substances recognized as drugs in the
21official United States Pharmacopoeia, Official Homeopathic
22Pharmacopoeia of the United States, or official National
23Formulary, or any supplement to any of them; (2) substances
24intended for use in diagnosis, cure, mitigation, treatment, or
25prevention of disease in man or animals; (3) substances (other
26than food) intended to affect the structure of any function of

 

 

HB3472- 652 -LRB100 05726 SMS 15748 b

1the body of man or animals and (4) substances intended for use
2as a component of any article specified in clause (1), (2), or
3(3) of this subsection. It does not include devices or their
4components, parts, or accessories.
5    (t-3) "Electronic health record" or "EHR" means an
6electronic record of health-related information on an
7individual that is created, gathered, managed, and consulted by
8authorized health care clinicians and staff.
9    (t-5) "Euthanasia agency" means an entity certified by the
10Department of Financial and Professional Regulation for the
11purpose of animal euthanasia that holds an animal control
12facility license or animal shelter license under the Animal
13Welfare Act. A euthanasia agency is authorized to purchase,
14store, possess, and utilize Schedule II nonnarcotic and
15Schedule III nonnarcotic drugs for the sole purpose of animal
16euthanasia.
17    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
18substances (nonnarcotic controlled substances) that are used
19by a euthanasia agency for the purpose of animal euthanasia.
20    (u) "Good faith" means the prescribing or dispensing of a
21controlled substance by a practitioner in the regular course of
22professional treatment to or for any person who is under his or
23her treatment for a pathology or condition other than that
24individual's physical or psychological dependence upon or
25addiction to a controlled substance, except as provided herein:
26and application of the term to a pharmacist shall mean the

 

 

HB3472- 653 -LRB100 05726 SMS 15748 b

1dispensing of a controlled substance pursuant to the
2prescriber's order which in the professional judgment of the
3pharmacist is lawful. The pharmacist shall be guided by
4accepted professional standards including, but not limited to
5the following, in making the judgment:
6        (1) lack of consistency of prescriber-patient
7    relationship,
8        (2) frequency of prescriptions for same drug by one
9    prescriber for large numbers of patients,
10        (3) quantities beyond those normally prescribed,
11        (4) unusual dosages (recognizing that there may be
12    clinical circumstances where more or less than the usual
13    dose may be used legitimately),
14        (5) unusual geographic distances between patient,
15    pharmacist and prescriber,
16        (6) consistent prescribing of habit-forming drugs.
17    (u-0.5) "Hallucinogen" means a drug that causes markedly
18altered sensory perception leading to hallucinations of any
19type.
20    (u-1) "Home infusion services" means services provided by a
21pharmacy in compounding solutions for direct administration to
22a patient in a private residence, long-term care facility, or
23hospice setting by means of parenteral, intravenous,
24intramuscular, subcutaneous, or intraspinal infusion.
25    (u-5) "Illinois State Police" means the State Police of the
26State of Illinois, or its successor agency.

 

 

HB3472- 654 -LRB100 05726 SMS 15748 b

1    (v) "Immediate precursor" means a substance:
2        (1) which the Department has found to be and by rule
3    designated as being a principal compound used, or produced
4    primarily for use, in the manufacture of a controlled
5    substance;
6        (2) which is an immediate chemical intermediary used or
7    likely to be used in the manufacture of such controlled
8    substance; and
9        (3) the control of which is necessary to prevent,
10    curtail or limit the manufacture of such controlled
11    substance.
12    (w) "Instructional activities" means the acts of teaching,
13educating or instructing by practitioners using controlled
14substances within educational facilities approved by the State
15Board of Education or its successor agency.
16    (x) "Local authorities" means a duly organized State,
17County or Municipal peace unit or police force.
18    (y) "Look-alike substance" means a substance, other than a
19controlled substance which (1) by overall dosage unit
20appearance, including shape, color, size, markings or lack
21thereof, taste, consistency, or any other identifying physical
22characteristic of the substance, would lead a reasonable person
23to believe that the substance is a controlled substance, or (2)
24is expressly or impliedly represented to be a controlled
25substance or is distributed under circumstances which would
26lead a reasonable person to believe that the substance is a

 

 

HB3472- 655 -LRB100 05726 SMS 15748 b

1controlled substance. For the purpose of determining whether
2the representations made or the circumstances of the
3distribution would lead a reasonable person to believe the
4substance to be a controlled substance under this clause (2) of
5subsection (y), the court or other authority may consider the
6following factors in addition to any other factor that may be
7relevant:
8        (a) statements made by the owner or person in control
9    of the substance concerning its nature, use or effect;
10        (b) statements made to the buyer or recipient that the
11    substance may be resold for profit;
12        (c) whether the substance is packaged in a manner
13    normally used for the illegal distribution of controlled
14    substances;
15        (d) whether the distribution or attempted distribution
16    included an exchange of or demand for money or other
17    property as consideration, and whether the amount of the
18    consideration was substantially greater than the
19    reasonable retail market value of the substance.
20    Clause (1) of this subsection (y) shall not apply to a
21noncontrolled substance in its finished dosage form that was
22initially introduced into commerce prior to the initial
23introduction into commerce of a controlled substance in its
24finished dosage form which it may substantially resemble.
25    Nothing in this subsection (y) prohibits the dispensing or
26distributing of noncontrolled substances by persons authorized

 

 

HB3472- 656 -LRB100 05726 SMS 15748 b

1to dispense and distribute controlled substances under this
2Act, provided that such action would be deemed to be carried
3out in good faith under subsection (u) if the substances
4involved were controlled substances.
5    Nothing in this subsection (y) or in this Act prohibits the
6manufacture, preparation, propagation, compounding,
7processing, packaging, advertising or distribution of a drug or
8drugs by any person registered pursuant to Section 510 of the
9Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
10    (y-1) "Mail-order pharmacy" means a pharmacy that is
11located in a state of the United States that delivers,
12dispenses or distributes, through the United States Postal
13Service or other common carrier, to Illinois residents, any
14substance which requires a prescription.
15    (z) "Manufacture" means the production, preparation,
16propagation, compounding, conversion or processing of a
17controlled substance other than methamphetamine, either
18directly or indirectly, by extraction from substances of
19natural origin, or independently by means of chemical
20synthesis, or by a combination of extraction and chemical
21synthesis, and includes any packaging or repackaging of the
22substance or labeling of its container, except that this term
23does not include:
24        (1) by an ultimate user, the preparation or compounding
25    of a controlled substance for his or her own use; or
26        (2) by a practitioner, or his or her authorized agent

 

 

HB3472- 657 -LRB100 05726 SMS 15748 b

1    under his or her supervision, the preparation,
2    compounding, packaging, or labeling of a controlled
3    substance:
4            (a) as an incident to his or her administering or
5        dispensing of a controlled substance in the course of
6        his or her professional practice; or
7            (b) as an incident to lawful research, teaching or
8        chemical analysis and not for sale.
9    (z-1) (Blank).
10    (z-5) "Medication shopping" means the conduct prohibited
11under subsection (a) of Section 314.5 of this Act.
12    (z-10) "Mid-level practitioner" means (i) a physician
13assistant who has been delegated authority to prescribe through
14a written delegation of authority by a physician licensed to
15practice medicine in all of its branches, in accordance with
16Section 7.5 of the Physician Assistant Practice Act of 1987,
17(ii) an advanced practice registered nurse who has been
18delegated authority to prescribe through a written delegation
19of authority by a physician licensed to practice medicine in
20all of its branches or by a podiatric physician, in accordance
21with Section 65-40 of the Nurse Practice Act, (iii) an advanced
22practice registered nurse certified as a nurse practitioner,
23nurse midwife, or clinical nurse specialist who has been
24granted authority to prescribe by a hospital affiliate in
25accordance with Section 65-45 of the Nurse Practice Act, (iv)
26an animal euthanasia agency, or (v) a prescribing psychologist.

 

 

HB3472- 658 -LRB100 05726 SMS 15748 b

1    (aa) "Narcotic drug" means any of the following, whether
2produced directly or indirectly by extraction from substances
3of vegetable origin, or independently by means of chemical
4synthesis, or by a combination of extraction and chemical
5synthesis:
6        (1) opium, opiates, derivatives of opium and opiates,
7    including their isomers, esters, ethers, salts, and salts
8    of isomers, esters, and ethers, whenever the existence of
9    such isomers, esters, ethers, and salts is possible within
10    the specific chemical designation; however the term
11    "narcotic drug" does not include the isoquinoline
12    alkaloids of opium;
13        (2) (blank);
14        (3) opium poppy and poppy straw;
15        (4) coca leaves, except coca leaves and extracts of
16    coca leaves from which substantially all of the cocaine and
17    ecgonine, and their isomers, derivatives and salts, have
18    been removed;
19        (5) cocaine, its salts, optical and geometric isomers,
20    and salts of isomers;
21        (6) ecgonine, its derivatives, their salts, isomers,
22    and salts of isomers;
23        (7) any compound, mixture, or preparation which
24    contains any quantity of any of the substances referred to
25    in subparagraphs (1) through (6).
26    (bb) "Nurse" means a registered nurse licensed under the

 

 

HB3472- 659 -LRB100 05726 SMS 15748 b

1Nurse Practice Act.
2    (cc) (Blank).
3    (dd) "Opiate" means any substance having an addiction
4forming or addiction sustaining liability similar to morphine
5or being capable of conversion into a drug having addiction
6forming or addiction sustaining liability.
7    (ee) "Opium poppy" means the plant of the species Papaver
8somniferum L., except its seeds.
9    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
10solution or other liquid form of medication intended for
11administration by mouth, but the term does not include a form
12of medication intended for buccal, sublingual, or transmucosal
13administration.
14    (ff) "Parole and Pardon Board" means the Parole and Pardon
15Board of the State of Illinois or its successor agency.
16    (gg) "Person" means any individual, corporation,
17mail-order pharmacy, government or governmental subdivision or
18agency, business trust, estate, trust, partnership or
19association, or any other entity.
20    (hh) "Pharmacist" means any person who holds a license or
21certificate of registration as a registered pharmacist, a local
22registered pharmacist or a registered assistant pharmacist
23under the Pharmacy Practice Act.
24    (ii) "Pharmacy" means any store, ship or other place in
25which pharmacy is authorized to be practiced under the Pharmacy
26Practice Act.

 

 

HB3472- 660 -LRB100 05726 SMS 15748 b

1    (ii-5) "Pharmacy shopping" means the conduct prohibited
2under subsection (b) of Section 314.5 of this Act.
3    (ii-10) "Physician" (except when the context otherwise
4requires) means a person licensed to practice medicine in all
5of its branches.
6    (jj) "Poppy straw" means all parts, except the seeds, of
7the opium poppy, after mowing.
8    (kk) "Practitioner" means a physician licensed to practice
9medicine in all its branches, dentist, optometrist, podiatric
10physician, veterinarian, scientific investigator, pharmacist,
11physician assistant, advanced practice registered nurse,
12licensed practical nurse, registered nurse, hospital,
13laboratory, or pharmacy, or other person licensed, registered,
14or otherwise lawfully permitted by the United States or this
15State to distribute, dispense, conduct research with respect
16to, administer or use in teaching or chemical analysis, a
17controlled substance in the course of professional practice or
18research.
19    (ll) "Pre-printed prescription" means a written
20prescription upon which the designated drug has been indicated
21prior to the time of issuance; the term does not mean a written
22prescription that is individually generated by machine or
23computer in the prescriber's office.
24    (mm) "Prescriber" means a physician licensed to practice
25medicine in all its branches, dentist, optometrist,
26prescribing psychologist licensed under Section 4.2 of the

 

 

HB3472- 661 -LRB100 05726 SMS 15748 b

1Clinical Psychologist Licensing Act with prescriptive
2authority delegated under Section 4.3 of the Clinical
3Psychologist Licensing Act, podiatric physician, or
4veterinarian who issues a prescription, a physician assistant
5who issues a prescription for a controlled substance in
6accordance with Section 303.05, a written delegation, and a
7written supervision agreement required under Section 7.5 of the
8Physician Assistant Practice Act of 1987, an advanced practice
9registered nurse with prescriptive authority delegated under
10Section 65-40 of the Nurse Practice Act and in accordance with
11Section 303.05, a written delegation, and a written
12collaborative agreement under Section 65-35 of the Nurse
13Practice Act, or an advanced practice registered nurse
14certified as a nurse practitioner, nurse midwife, or clinical
15nurse specialist who has been granted authority to prescribe by
16a hospital affiliate in accordance with Section 65-45 of the
17Nurse Practice Act and in accordance with Section 303.05.
18    (nn) "Prescription" means a written, facsimile, or oral
19order, or an electronic order that complies with applicable
20federal requirements, of a physician licensed to practice
21medicine in all its branches, dentist, podiatric physician or
22veterinarian for any controlled substance, of an optometrist in
23accordance with Section 15.1 of the Illinois Optometric
24Practice Act of 1987, of a prescribing psychologist licensed
25under Section 4.2 of the Clinical Psychologist Licensing Act
26with prescriptive authority delegated under Section 4.3 of the

 

 

HB3472- 662 -LRB100 05726 SMS 15748 b

1Clinical Psychologist Licensing Act, of a physician assistant
2for a controlled substance in accordance with Section 303.05, a
3written delegation, and a written supervision agreement
4required under Section 7.5 of the Physician Assistant Practice
5Act of 1987, of an advanced practice registered nurse with
6prescriptive authority delegated under Section 65-40 of the
7Nurse Practice Act who issues a prescription for a controlled
8substance in accordance with Section 303.05, a written
9delegation, and a written collaborative agreement under
10Section 65-35 of the Nurse Practice Act, or of an advanced
11practice registered nurse certified as a nurse practitioner,
12nurse midwife, or clinical nurse specialist who has been
13granted authority to prescribe by a hospital affiliate in
14accordance with Section 65-45 of the Nurse Practice Act and in
15accordance with Section 303.05 when required by law.
16    (nn-5) "Prescription Information Library" (PIL) means an
17electronic library that contains reported controlled substance
18data.
19    (nn-10) "Prescription Monitoring Program" (PMP) means the
20entity that collects, tracks, and stores reported data on
21controlled substances and select drugs pursuant to Section 316.
22    (oo) "Production" or "produce" means manufacture,
23planting, cultivating, growing, or harvesting of a controlled
24substance other than methamphetamine.
25    (pp) "Registrant" means every person who is required to
26register under Section 302 of this Act.

 

 

HB3472- 663 -LRB100 05726 SMS 15748 b

1    (qq) "Registry number" means the number assigned to each
2person authorized to handle controlled substances under the
3laws of the United States and of this State.
4    (qq-5) "Secretary" means, as the context requires, either
5the Secretary of the Department or the Secretary of the
6Department of Financial and Professional Regulation, and the
7Secretary's designated agents.
8    (rr) "State" includes the State of Illinois and any state,
9district, commonwealth, territory, insular possession thereof,
10and any area subject to the legal authority of the United
11States of America.
12    (rr-5) "Stimulant" means any drug that (i) causes an
13overall excitation of central nervous system functions, (ii)
14causes impaired consciousness and awareness, and (iii) can be
15habit-forming or lead to a substance abuse problem, including
16but not limited to amphetamines and their analogs,
17methylphenidate and its analogs, cocaine, and phencyclidine
18and its analogs.
19    (ss) "Ultimate user" means a person who lawfully possesses
20a controlled substance for his or her own use or for the use of
21a member of his or her household or for administering to an
22animal owned by him or her or by a member of his or her
23household.
24(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
2598-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.
267-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,

 

 

HB3472- 664 -LRB100 05726 SMS 15748 b

1eff. 9-9-15; 99-642, eff. 7-28-16.)
 
2    (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
3    Sec. 302. (a) Every person who manufactures, distributes,
4or dispenses any controlled substances; engages in chemical
5analysis, research, or instructional activities which utilize
6controlled substances; purchases, stores, or administers
7euthanasia drugs, within this State; provides canine odor
8detection services; proposes to engage in the manufacture,
9distribution, or dispensing of any controlled substance;
10proposes to engage in chemical analysis, research, or
11instructional activities which utilize controlled substances;
12proposes to engage in purchasing, storing, or administering
13euthanasia drugs; or proposes to provide canine odor detection
14services within this State, must obtain a registration issued
15by the Department of Financial and Professional Regulation in
16accordance with its rules. The rules shall include, but not be
17limited to, setting the expiration date and renewal period for
18each registration under this Act. The Department, any facility
19or service licensed by the Department, and any veterinary
20hospital or clinic operated by a veterinarian or veterinarians
21licensed under the Veterinary Medicine and Surgery Practice Act
22of 2004 or maintained by a State-supported or publicly funded
23university or college shall be exempt from the regulation
24requirements of this Section; however, such exemption shall not
25operate to bar the University of Illinois from requesting, nor

 

 

HB3472- 665 -LRB100 05726 SMS 15748 b

1the Department of Financial and Professional Regulation from
2issuing, a registration to the University of Illinois
3Veterinary Teaching Hospital under this Act. Neither a request
4for such registration nor the issuance of such registration to
5the University of Illinois shall operate to otherwise waive or
6modify the exemption provided in this subsection (a).
7    (b) Persons registered by the Department of Financial and
8Professional Regulation under this Act to manufacture,
9distribute, or dispense controlled substances, engage in
10chemical analysis, research, or instructional activities which
11utilize controlled substances, purchase, store, or administer
12euthanasia drugs, or provide canine odor detection services,
13may possess, manufacture, distribute, engage in chemical
14analysis, research, or instructional activities which utilize
15controlled substances, dispense those substances, or purchase,
16store, or administer euthanasia drugs, or provide canine odor
17detection services to the extent authorized by their
18registration and in conformity with the other provisions of
19this Article.
20    (c) The following persons need not register and may
21lawfully possess controlled substances under this Act:
22        (1) an agent or employee of any registered
23    manufacturer, distributor, or dispenser of any controlled
24    substance if he or she is acting in the usual course of his
25    or her employer's lawful business or employment;
26        (2) a common or contract carrier or warehouseman, or an

 

 

HB3472- 666 -LRB100 05726 SMS 15748 b

1    agent or employee thereof, whose possession of any
2    controlled substance is in the usual lawful course of such
3    business or employment;
4        (3) an ultimate user or a person in possession of a
5    controlled substance prescribed for the ultimate user
6    under a lawful prescription of a practitioner, including an
7    advanced practice registered nurse, practical nurse, or
8    registered nurse licensed under the Nurse Practice Act, or
9    a physician assistant licensed under the Physician
10    Assistant Practice Act of 1987, who provides hospice
11    services to a hospice patient or who provides home health
12    services to a person, or a person in possession of any
13    controlled substance pursuant to a lawful prescription of a
14    practitioner or in lawful possession of a Schedule V
15    substance. In this Section, "home health services" has the
16    meaning ascribed to it in the Home Health, Home Services,
17    and Home Nursing Agency Licensing Act; and "hospice
18    patient" and "hospice services" have the meanings ascribed
19    to them in the Hospice Program Licensing Act;
20        (4) officers and employees of this State or of the
21    United States while acting in the lawful course of their
22    official duties which requires possession of controlled
23    substances;
24        (5) a registered pharmacist who is employed in, or the
25    owner of, a pharmacy licensed under this Act and the
26    Federal Controlled Substances Act, at the licensed

 

 

HB3472- 667 -LRB100 05726 SMS 15748 b

1    location, or if he or she is acting in the usual course of
2    his or her lawful profession, business, or employment;
3        (6) a holder of a temporary license issued under
4    Section 17 of the Medical Practice Act of 1987 practicing
5    within the scope of that license and in compliance with the
6    rules adopted under this Act. In addition to possessing
7    controlled substances, a temporary license holder may
8    order, administer, and prescribe controlled substances
9    when acting within the scope of his or her license and in
10    compliance with the rules adopted under this Act.
11    (d) A separate registration is required at each place of
12business or professional practice where the applicant
13manufactures, distributes, or dispenses controlled substances,
14or purchases, stores, or administers euthanasia drugs. Persons
15are required to obtain a separate registration for each place
16of business or professional practice where controlled
17substances are located or stored. A separate registration is
18not required for every location at which a controlled substance
19may be prescribed.
20    (e) The Department of Financial and Professional
21Regulation or the Illinois State Police may inspect the
22controlled premises, as defined in Section 502 of this Act, of
23a registrant or applicant for registration in accordance with
24this Act and the rules promulgated hereunder and with regard to
25persons licensed by the Department, in accordance with
26subsection (bb) of Section 30-5 of the Alcoholism and Other

 

 

HB3472- 668 -LRB100 05726 SMS 15748 b

1Drug Abuse and Dependency Act and the rules and regulations
2promulgated thereunder.
3(Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; 99-642,
4eff. 7-28-16.)
 
5    (720 ILCS 570/303.05)
6    Sec. 303.05. Mid-level practitioner registration.
7    (a) The Department of Financial and Professional
8Regulation shall register licensed physician assistants,
9licensed advanced practice registered nurses, and prescribing
10psychologists licensed under Section 4.2 of the Clinical
11Psychologist Licensing Act to prescribe and dispense
12controlled substances under Section 303 and euthanasia
13agencies to purchase, store, or administer animal euthanasia
14drugs under the following circumstances:
15        (1) with respect to physician assistants,
16            (A) the physician assistant has been delegated
17        written authority to prescribe any Schedule III
18        through V controlled substances by a physician
19        licensed to practice medicine in all its branches in
20        accordance with Section 7.5 of the Physician Assistant
21        Practice Act of 1987; and the physician assistant has
22        completed the appropriate application forms and has
23        paid the required fees as set by rule; or
24            (B) the physician assistant has been delegated
25        authority by a supervising physician licensed to

 

 

HB3472- 669 -LRB100 05726 SMS 15748 b

1        practice medicine in all its branches to prescribe or
2        dispense Schedule II controlled substances through a
3        written delegation of authority and under the
4        following conditions:
5                (i) Specific Schedule II controlled substances
6            by oral dosage or topical or transdermal
7            application may be delegated, provided that the
8            delegated Schedule II controlled substances are
9            routinely prescribed by the supervising physician.
10            This delegation must identify the specific
11            Schedule II controlled substances by either brand
12            name or generic name. Schedule II controlled
13            substances to be delivered by injection or other
14            route of administration may not be delegated;
15                (ii) any delegation must be of controlled
16            substances prescribed by the supervising
17            physician;
18                (iii) all prescriptions must be limited to no
19            more than a 30-day supply, with any continuation
20            authorized only after prior approval of the
21            supervising physician;
22                (iv) the physician assistant must discuss the
23            condition of any patients for whom a controlled
24            substance is prescribed monthly with the
25            delegating physician;
26                (v) the physician assistant must have

 

 

HB3472- 670 -LRB100 05726 SMS 15748 b

1            completed the appropriate application forms and
2            paid the required fees as set by rule;
3                (vi) the physician assistant must provide
4            evidence of satisfactory completion of 45 contact
5            hours in pharmacology from any physician assistant
6            program accredited by the Accreditation Review
7            Commission on Education for the Physician
8            Assistant (ARC-PA), or its predecessor agency, for
9            any new license issued with Schedule II authority
10            after the effective date of this amendatory Act of
11            the 97th General Assembly; and
12                (vii) the physician assistant must annually
13            complete at least 5 hours of continuing education
14            in pharmacology;
15        (2) with respect to advanced practice registered
16    nurses,
17            (A) the advanced practice registered nurse has
18        been delegated authority to prescribe any Schedule III
19        through V controlled substances by a collaborating
20        physician licensed to practice medicine in all its
21        branches or a collaborating podiatric physician in
22        accordance with Section 65-40 of the Nurse Practice
23        Act. The advanced practice registered nurse has
24        completed the appropriate application forms and has
25        paid the required fees as set by rule; or
26            (B) the advanced practice registered nurse has

 

 

HB3472- 671 -LRB100 05726 SMS 15748 b

1        been delegated authority by a collaborating physician
2        licensed to practice medicine in all its branches or
3        collaborating podiatric physician to prescribe or
4        dispense Schedule II controlled substances through a
5        written delegation of authority and under the
6        following conditions:
7                (i) specific Schedule II controlled substances
8            by oral dosage or topical or transdermal
9            application may be delegated, provided that the
10            delegated Schedule II controlled substances are
11            routinely prescribed by the collaborating
12            physician or podiatric physician. This delegation
13            must identify the specific Schedule II controlled
14            substances by either brand name or generic name.
15            Schedule II controlled substances to be delivered
16            by injection or other route of administration may
17            not be delegated;
18                (ii) any delegation must be of controlled
19            substances prescribed by the collaborating
20            physician or podiatric physician;
21                (iii) all prescriptions must be limited to no
22            more than a 30-day supply, with any continuation
23            authorized only after prior approval of the
24            collaborating physician or podiatric physician;
25                (iv) the advanced practice registered nurse
26            must discuss the condition of any patients for whom

 

 

HB3472- 672 -LRB100 05726 SMS 15748 b

1            a controlled substance is prescribed monthly with
2            the delegating physician or podiatric physician or
3            in the course of review as required by Section
4            65-40 of the Nurse Practice Act;
5                (v) the advanced practice registered nurse
6            must have completed the appropriate application
7            forms and paid the required fees as set by rule;
8                (vi) the advanced practice registered nurse
9            must provide evidence of satisfactory completion
10            of at least 45 graduate contact hours in
11            pharmacology for any new license issued with
12            Schedule II authority after the effective date of
13            this amendatory Act of the 97th General Assembly;
14            and
15                (vii) the advanced practice registered nurse
16            must annually complete 5 hours of continuing
17            education in pharmacology;
18        (2.5) with respect to advanced practice registered
19    nurses certified as nurse practitioners, nurse midwives,
20    or clinical nurse specialists practicing in a hospital
21    affiliate,
22            (A) the advanced practice registered nurse
23        certified as a nurse practitioner, nurse midwife, or
24        clinical nurse specialist has been granted authority
25        to prescribe any Schedule II through V controlled
26        substances by the hospital affiliate upon the

 

 

HB3472- 673 -LRB100 05726 SMS 15748 b

1        recommendation of the appropriate physician committee
2        of the hospital affiliate in accordance with Section
3        65-45 of the Nurse Practice Act, has completed the
4        appropriate application forms, and has paid the
5        required fees as set by rule; and
6            (B) an advanced practice registered nurse
7        certified as a nurse practitioner, nurse midwife, or
8        clinical nurse specialist has been granted authority
9        to prescribe any Schedule II controlled substances by
10        the hospital affiliate upon the recommendation of the
11        appropriate physician committee of the hospital
12        affiliate, then the following conditions must be met:
13                (i) specific Schedule II controlled substances
14            by oral dosage or topical or transdermal
15            application may be designated, provided that the
16            designated Schedule II controlled substances are
17            routinely prescribed by advanced practice
18            registered nurses in their area of certification;
19            this grant of authority must identify the specific
20            Schedule II controlled substances by either brand
21            name or generic name; authority to prescribe or
22            dispense Schedule II controlled substances to be
23            delivered by injection or other route of
24            administration may not be granted;
25                (ii) any grant of authority must be controlled
26            substances limited to the practice of the advanced

 

 

HB3472- 674 -LRB100 05726 SMS 15748 b

1            practice registered nurse;
2                (iii) any prescription must be limited to no
3            more than a 30-day supply;
4                (iv) the advanced practice registered nurse
5            must discuss the condition of any patients for whom
6            a controlled substance is prescribed monthly with
7            the appropriate physician committee of the
8            hospital affiliate or its physician designee; and
9                (v) the advanced practice registered nurse
10            must meet the education requirements of this
11            Section;
12        (3) with respect to animal euthanasia agencies, the
13    euthanasia agency has obtained a license from the
14    Department of Financial and Professional Regulation and
15    obtained a registration number from the Department; or
16        (4) with respect to prescribing psychologists, the
17    prescribing psychologist has been delegated authority to
18    prescribe any nonnarcotic Schedule III through V
19    controlled substances by a collaborating physician
20    licensed to practice medicine in all its branches in
21    accordance with Section 4.3 of the Clinical Psychologist
22    Licensing Act, and the prescribing psychologist has
23    completed the appropriate application forms and has paid
24    the required fees as set by rule.
25    (b) The mid-level practitioner shall only be licensed to
26prescribe those schedules of controlled substances for which a

 

 

HB3472- 675 -LRB100 05726 SMS 15748 b

1licensed physician or licensed podiatric physician has
2delegated prescriptive authority, except that an animal
3euthanasia agency does not have any prescriptive authority. A
4physician assistant and an advanced practice registered nurse
5are prohibited from prescribing medications and controlled
6substances not set forth in the required written delegation of
7authority.
8    (c) Upon completion of all registration requirements,
9physician assistants, advanced practice registered nurses, and
10animal euthanasia agencies may be issued a mid-level
11practitioner controlled substances license for Illinois.
12    (d) A collaborating physician or podiatric physician may,
13but is not required to, delegate prescriptive authority to an
14advanced practice registered nurse as part of a written
15collaborative agreement, and the delegation of prescriptive
16authority shall conform to the requirements of Section 65-40 of
17the Nurse Practice Act.
18    (e) A supervising physician may, but is not required to,
19delegate prescriptive authority to a physician assistant as
20part of a written supervision agreement, and the delegation of
21prescriptive authority shall conform to the requirements of
22Section 7.5 of the Physician Assistant Practice Act of 1987.
23    (f) Nothing in this Section shall be construed to prohibit
24generic substitution.
25(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
2699-173, eff. 7-29-15.)
 

 

 

HB3472- 676 -LRB100 05726 SMS 15748 b

1    (720 ILCS 570/313)  (from Ch. 56 1/2, par. 1313)
2    Sec. 313. (a) Controlled substances which are lawfully
3administered in hospitals or institutions licensed under the
4Hospital Licensing Act shall be exempt from the requirements of
5Sections 312 and 316, except that the prescription for the
6controlled substance shall be in writing on the patient's
7record, signed by the prescriber, and dated, and shall state
8the name and quantity of controlled substances ordered and the
9quantity actually administered. The records of such
10prescriptions shall be maintained for two years and shall be
11available for inspection by officers and employees of the
12Illinois State Police and the Department of Financial and
13Professional Regulation.
14    The exemption under this subsection (a) does not apply to a
15prescription (including an outpatient prescription from an
16emergency department or outpatient clinic) for more than a
1772-hour supply of a discharge medication to be consumed outside
18of the hospital or institution.
19    (b) Controlled substances that can lawfully be
20administered or dispensed directly to a patient in a long-term
21care facility licensed by the Department of Public Health as a
22skilled nursing facility, intermediate care facility, or
23long-term care facility for residents under 22 years of age,
24are exempt from the requirements of Section 312 except that a
25prescription for a Schedule II controlled substance must be

 

 

HB3472- 677 -LRB100 05726 SMS 15748 b

1either a prescription signed by the prescriber or a
2prescription transmitted by the prescriber or prescriber's
3agent to the dispensing pharmacy by facsimile. The facsimile
4serves as the original prescription and must be maintained for
52 years from the date of issue in the same manner as a written
6prescription signed by the prescriber.
7    (c) A prescription that is generated for a Schedule II
8controlled substance to be compounded for direct
9administration to a patient in a private residence, long-term
10care facility, or hospice program may be transmitted by
11facsimile by the prescriber or the prescriber's agent to the
12pharmacy providing the home infusion services. The facsimile
13serves as the original prescription for purposes of this
14paragraph (c) and it shall be maintained in the same manner as
15the original prescription.
16    (c-1) A prescription generated for a Schedule II controlled
17substance for a patient residing in a hospice certified by
18Medicare under Title XVIII of the Social Security Act or
19licensed by the State may be transmitted by the practitioner or
20the practitioner's agent to the dispensing pharmacy by
21facsimile or electronically as provided in Section 311.5. The
22practitioner or practitioner's agent must note on the
23prescription that the patient is a hospice patient. The
24facsimile or electronic record serves as the original
25prescription for purposes of this paragraph (c-1) and it shall
26be maintained in the same manner as the original prescription.

 

 

HB3472- 678 -LRB100 05726 SMS 15748 b

1    (d) Controlled substances which are lawfully administered
2and/or dispensed in drug abuse treatment programs licensed by
3the Department shall be exempt from the requirements of
4Sections 312 and 316, except that the prescription for such
5controlled substances shall be issued and authenticated on
6official prescription logs prepared and maintained in
7accordance with 77 Ill. Adm. Code 2060: Alcoholism and
8Substance Abuse Treatment and Intervention Licenses, and in
9compliance with other applicable State and federal laws. The
10Department-licensed drug treatment program shall report
11applicable prescriptions via electronic record keeping
12software approved by the Department. This software must be
13compatible with the specifications of the Department. Drug
14abuse treatment programs shall report to the Department
15methadone prescriptions or medications dispensed through the
16use of Department-approved File Transfer Protocols (FTPs).
17Methadone prescription records must be maintained in
18accordance with the applicable requirements as set forth by the
19Department in accordance with 77 Ill. Adm. Code 2060:
20Alcoholism and Substance Abuse Treatment and Intervention
21Licenses, and in compliance with other applicable State and
22federal laws.
23    (e) Nothing in this Act shall be construed to limit the
24authority of a hospital pursuant to Section 65-45 of the Nurse
25Practice Act to grant hospital clinical privileges to an
26individual advanced practice registered nurse to select, order

 

 

HB3472- 679 -LRB100 05726 SMS 15748 b

1or administer medications, including controlled substances to
2provide services within a hospital. Nothing in this Act shall
3be construed to limit the authority of an ambulatory surgical
4treatment center pursuant to Section 65-45 of the Nurse
5Practice Act to grant ambulatory surgical treatment center
6clinical privileges to an individual advanced practice
7registered nurse to select, order or administer medications,
8including controlled substances to provide services within an
9ambulatory surgical treatment center.
10(Source: P.A. 97-334, eff. 1-1-12.)
 
11    (720 ILCS 570/320)
12    Sec. 320. Advisory committee.
13    (a) There is created a Prescription Monitoring Program
14Advisory Committee to assist the Department of Human Services
15in implementing the Prescription Monitoring Program created by
16this Article and to advise the Department on the professional
17performance of prescribers and dispensers and other matters
18germane to the advisory committee's field of competence.
19    (b) The Clinical Director of the Prescription Monitoring
20Program shall appoint members to serve on the advisory
21committee. The advisory committee shall be composed of
22prescribers and dispensers as follows: 4 physicians licensed to
23practice medicine in all its branches; one advanced practice
24registered nurse; one physician assistant; one optometrist;
25one dentist; one podiatric physician; and 3 pharmacists. The

 

 

HB3472- 680 -LRB100 05726 SMS 15748 b

1Clinical Director of the Prescription Monitoring Program may
2appoint a representative of an organization representing a
3profession required to be appointed. The Clinical Director of
4the Prescription Monitoring Program shall serve as the chair of
5the committee.
6    (c) The advisory committee may appoint its other officers
7as it deems appropriate.
8    (d) The members of the advisory committee shall receive no
9compensation for their services as members of the advisory
10committee but may be reimbursed for their actual expenses
11incurred in serving on the advisory committee.
12    (e) The advisory committee shall:
13        (1) provide a uniform approach to reviewing this Act in
14    order to determine whether changes should be recommended to
15    the General Assembly;
16        (2) review current drug schedules in order to manage
17    changes to the administrative rules pertaining to the
18    utilization of this Act;
19        (3) review the following: current clinical guidelines
20    developed by health care professional organizations on the
21    prescribing of opioids or other controlled substances;
22    accredited continuing education programs related to
23    prescribing and dispensing; programs or information
24    developed by health care professional organizations that
25    may be used to assess patients or help ensure compliance
26    with prescriptions; updates from the Food and Drug

 

 

HB3472- 681 -LRB100 05726 SMS 15748 b

1    Administration, the Centers for Disease Control and
2    Prevention, and other public and private organizations
3    which are relevant to prescribing and dispensing; relevant
4    medical studies; and other publications which involve the
5    prescription of controlled substances;
6        (4) make recommendations for inclusion of these
7    materials or other studies which may be effective resources
8    for prescribers and dispensers on the Internet website of
9    the inquiry system established under Section 318;
10        (5) on at least a quarterly basis, review the content
11    of the Internet website of the inquiry system established
12    pursuant to Section 318 to ensure this Internet website has
13    the most current available information;
14        (6) on at least a quarterly basis, review opportunities
15    for federal grants and other forms of funding to support
16    projects which will increase the number of pilot programs
17    which integrate the inquiry system with electronic health
18    records; and
19        (7) on at least a quarterly basis, review communication
20    to be sent to all registered users of the inquiry system
21    established pursuant to Section 318, including
22    recommendations for relevant accredited continuing
23    education and information regarding prescribing and
24    dispensing.
25    (f) The Clinical Director of the Prescription Monitoring
26Program shall select 5 members, 3 physicians and 2 pharmacists,

 

 

HB3472- 682 -LRB100 05726 SMS 15748 b

1of the Prescription Monitoring Program Advisory Committee to
2serve as members of the peer review subcommittee. The purpose
3of the peer review subcommittee is to advise the Program on
4matters germane to the advisory committee's field of
5competence, establish a formal peer review of professional
6performance of prescribers and dispensers, and develop
7communications to transmit to prescribers and dispensers. The
8deliberations, information, and communications of the peer
9review subcommittee are privileged and confidential and shall
10not be disclosed in any manner except in accordance with
11current law.
12        (1) The peer review subcommittee shall periodically
13    review the data contained within the prescription
14    monitoring program to identify those prescribers or
15    dispensers who may be prescribing or dispensing outside the
16    currently accepted standards in the course of their
17    professional practice.
18        (2) The peer review subcommittee may identify
19    prescribers or dispensers who may be prescribing outside
20    the currently accepted medical standards in the course of
21    their professional practice and send the identified
22    prescriber or dispenser a request for information
23    regarding their prescribing or dispensing practices. This
24    request for information shall be sent via certified mail,
25    return receipt requested. A prescriber or dispenser shall
26    have 30 days to respond to the request for information.

 

 

HB3472- 683 -LRB100 05726 SMS 15748 b

1        (3) The peer review subcommittee shall refer a
2    prescriber or a dispenser to the Department of Financial
3    and Professional Regulation in the following situations:
4            (i) if a prescriber or dispenser does not respond
5        to three successive requests for information;
6            (ii) in the opinion of a majority of members of the
7        peer review subcommittee, the prescriber or dispenser
8        does not have a satisfactory explanation for the
9        practices identified by the peer review subcommittee
10        in its request for information; or
11            (iii) following communications with the peer
12        review subcommittee, the prescriber or dispenser does
13        not sufficiently rectify the practices identified in
14        the request for information in the opinion of a
15        majority of the members of the peer review
16        subcommittee.
17        (4) The Department of Financial and Professional
18    Regulation may initiate an investigation and discipline in
19    accordance with current laws and rules for any prescriber
20    or dispenser referred by the peer review subcommittee.
21        (5) The peer review subcommittee shall prepare an
22    annual report starting on July 1, 2017. This report shall
23    contain the following information: the number of times the
24    peer review subcommittee was convened; the number of
25    prescribers or dispensers who were reviewed by the peer
26    review committee; the number of requests for information

 

 

HB3472- 684 -LRB100 05726 SMS 15748 b

1    sent out by the peer review subcommittee; and the number of
2    prescribers or dispensers referred to the Department of
3    Financial and Professional Regulation. The annual report
4    shall be delivered electronically to the Department and to
5    the General Assembly. The report prepared by the peer
6    review subcommittee shall not identify any prescriber,
7    dispenser, or patient.
8(Source: P.A. 99-480, eff. 9-9-15.)
 
9    Section 325. The Code of Civil Procedure is amended by
10changing Section 8-2001 as follows:
 
11    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)
12    Sec. 8-2001. Examination of health care records.
13    (a) In this Section:
14    "Health care facility" or "facility" means a public or
15private hospital, ambulatory surgical treatment center,
16nursing home, independent practice association, or physician
17hospital organization, or any other entity where health care
18services are provided to any person. The term does not include
19a health care practitioner.
20    "Health care practitioner" means any health care
21practitioner, including a physician, dentist, podiatric
22physician, advanced practice registered nurse, physician
23assistant, clinical psychologist, or clinical social worker.
24The term includes a medical office, health care clinic, health

 

 

HB3472- 685 -LRB100 05726 SMS 15748 b

1department, group practice, and any other organizational
2structure for a licensed professional to provide health care
3services. The term does not include a health care facility.
4    (b) Every private and public health care facility shall,
5upon the request of any patient who has been treated in such
6health care facility, or any person, entity, or organization
7presenting a valid authorization for the release of records
8signed by the patient or the patient's legally authorized
9representative, or as authorized by Section 8-2001.5, permit
10the patient, his or her health care practitioner, authorized
11attorney, or any person, entity, or organization presenting a
12valid authorization for the release of records signed by the
13patient or the patient's legally authorized representative to
14examine the health care facility patient care records,
15including but not limited to the history, bedside notes,
16charts, pictures and plates, kept in connection with the
17treatment of such patient, and permit copies of such records to
18be made by him or her or his or her health care practitioner or
19authorized attorney.
20    (c) Every health care practitioner shall, upon the request
21of any patient who has been treated by the health care
22practitioner, or any person, entity, or organization
23presenting a valid authorization for the release of records
24signed by the patient or the patient's legally authorized
25representative, permit the patient and the patient's health
26care practitioner or authorized attorney, or any person,

 

 

HB3472- 686 -LRB100 05726 SMS 15748 b

1entity, or organization presenting a valid authorization for
2the release of records signed by the patient or the patient's
3legally authorized representative, to examine and copy the
4patient's records, including but not limited to those relating
5to the diagnosis, treatment, prognosis, history, charts,
6pictures and plates, kept in connection with the treatment of
7such patient.
8    (d) A request for copies of the records shall be in writing
9and shall be delivered to the administrator or manager of such
10health care facility or to the health care practitioner. The
11person (including patients, health care practitioners and
12attorneys) requesting copies of records shall reimburse the
13facility or the health care practitioner at the time of such
14copying for all reasonable expenses, including the costs of
15independent copy service companies, incurred in connection
16with such copying not to exceed a $20 handling charge for
17processing the request and the actual postage or shipping
18charge, if any, plus: (1) for paper copies 75 cents per page
19for the first through 25th pages, 50 cents per page for the
2026th through 50th pages, and 25 cents per page for all pages in
21excess of 50 (except that the charge shall not exceed $1.25 per
22page for any copies made from microfiche or microfilm; records
23retrieved from scanning, digital imaging, electronic
24information or other digital format do not qualify as
25microfiche or microfilm retrieval for purposes of calculating
26charges); and (2) for electronic records, retrieved from a

 

 

HB3472- 687 -LRB100 05726 SMS 15748 b

1scanning, digital imaging, electronic information or other
2digital format in an electronic document, a charge of 50% of
3the per page charge for paper copies under subdivision (d)(1).
4This per page charge includes the cost of each CD Rom, DVD, or
5other storage media. Records already maintained in an
6electronic or digital format shall be provided in an electronic
7format when so requested. If the records system does not allow
8for the creation or transmission of an electronic or digital
9record, then the facility or practitioner shall inform the
10requester in writing of the reason the records can not be
11provided electronically. The written explanation may be
12included with the production of paper copies, if the requester
13chooses to order paper copies. These rates shall be
14automatically adjusted as set forth in Section 8-2006. The
15facility or health care practitioner may, however, charge for
16the reasonable cost of all duplication of record material or
17information that cannot routinely be copied or duplicated on a
18standard commercial photocopy machine such as x-ray films or
19pictures.
20    (d-5) The handling fee shall not be collected from the
21patient or the patient's personal representative who obtains
22copies of records under Section 8-2001.5.
23    (e) The requirements of this Section shall be satisfied
24within 30 days of the receipt of a written request by a patient
25or by his or her legally authorized representative, health care
26practitioner, authorized attorney, or any person, entity, or

 

 

HB3472- 688 -LRB100 05726 SMS 15748 b

1organization presenting a valid authorization for the release
2of records signed by the patient or the patient's legally
3authorized representative. If the facility or health care
4practitioner needs more time to comply with the request, then
5within 30 days after receiving the request, the facility or
6health care practitioner must provide the requesting party with
7a written statement of the reasons for the delay and the date
8by which the requested information will be provided. In any
9event, the facility or health care practitioner must provide
10the requested information no later than 60 days after receiving
11the request.
12    (f) A health care facility or health care practitioner must
13provide the public with at least 30 days prior notice of the
14closure of the facility or the health care practitioner's
15practice. The notice must include an explanation of how copies
16of the facility's records may be accessed by patients. The
17notice may be given by publication in a newspaper of general
18circulation in the area in which the health care facility or
19health care practitioner is located.
20    (g) Failure to comply with the time limit requirement of
21this Section shall subject the denying party to expenses and
22reasonable attorneys' fees incurred in connection with any
23court ordered enforcement of the provisions of this Section.
24(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12;
2598-214, eff. 8-9-13; 98-756, eff. 7-16-14.)
 

 

 

HB3472- 689 -LRB100 05726 SMS 15748 b

1    Section 330. The Good Samaritan Act is amended by changing
2Sections 30, 34, and 68 as follows:
 
3    (745 ILCS 49/30)
4    Sec. 30. Free medical clinic; exemption from civil
5liability for services performed without compensation.
6    (a) A person licensed under the Medical Practice Act of
71987, a person licensed to practice the treatment of human
8ailments in any other state or territory of the United States,
9or a health care professional, including but not limited to an
10advanced practice registered nurse, physician assistant,
11nurse, pharmacist, physical therapist, podiatric physician, or
12social worker licensed in this State or any other state or
13territory of the United States, who, in good faith, provides
14medical treatment, diagnosis, or advice as a part of the
15services of an established free medical clinic providing care
16to medically indigent patients which is limited to care that
17does not require the services of a licensed hospital or
18ambulatory surgical treatment center and who receives no fee or
19compensation from that source shall not be liable for civil
20damages as a result of his or her acts or omissions in
21providing that medical treatment, except for willful or wanton
22misconduct.
23    (b) For purposes of this Section, a "free medical clinic"
24is:
25        (1) an organized community based program providing

 

 

HB3472- 690 -LRB100 05726 SMS 15748 b

1    medical care without charge to individuals unable to pay
2    for it, at which the care provided does not include the use
3    of general anesthesia or require an overnight stay in a
4    health-care facility; or
5        (2) a program organized by a certified local health
6    department pursuant to Part 600 of Title 77 of the Illinois
7    Administrative Code, utilizing health professional members
8    of the Volunteer Medical Reserve Corps (the federal
9    organization under 42 U.S.C. 300hh-15) providing medical
10    care without charge to individuals unable to pay for it, at
11    which the care provided does not include an overnight stay
12    in a health-care facility.
13    (c) The provisions of subsection (a) of this Section do not
14apply to a particular case unless the free medical clinic has
15posted in a conspicuous place on its premises an explanation of
16the exemption from civil liability provided herein.
17    (d) The immunity from civil damages provided under
18subsection (a) also applies to physicians, hospitals, and other
19health care providers that provide further medical treatment,
20diagnosis, or advice to a patient upon referral from an
21established free medical clinic without fee or compensation.
22    (e) Nothing in this Section prohibits a free medical clinic
23from accepting voluntary contributions for medical services
24provided to a patient who has acknowledged his or her ability
25and willingness to pay a portion of the value of the medical
26services provided.

 

 

HB3472- 691 -LRB100 05726 SMS 15748 b

1    Any voluntary contribution collected for providing care at
2a free medical clinic shall be used only to pay overhead
3expenses of operating the clinic. No portion of any moneys
4collected shall be used to provide a fee or other compensation
5to any person licensed under Medical Practice Act of 1987.
6    (f) The changes to this Section made by this amendatory Act
7of the 99th General Assembly apply only to causes of action
8accruing on or after the effective date of this amendatory Act
9of the 99th General Assembly.
10(Source: P.A. 98-214, eff. 8-9-13; 99-42, eff. 1-1-16.)
 
11    (745 ILCS 49/34)
12    Sec. 34. Advanced practice registered nurse; exemption
13from civil liability for emergency care. A person licensed as
14an advanced practice registered nurse under the Nurse Practice
15Act who in good faith provides emergency care without fee to a
16person shall not be liable for civil damages as a result of his
17or her acts or omissions, except for willful or wanton
18misconduct on the part of the person in providing the care.
19(Source: P.A. 95-639, eff. 10-5-07.)
 
20    (745 ILCS 49/68)
21    Sec. 68. Disaster Relief Volunteers. Any firefighter,
22licensed emergency medical technician (EMT) as defined by
23Section 3.50 of the Emergency Medical Services (EMS) Systems
24Act, physician, dentist, podiatric physician, optometrist,

 

 

HB3472- 692 -LRB100 05726 SMS 15748 b

1pharmacist, advanced practice registered nurse, physician
2assistant, or nurse who in good faith and without fee or
3compensation provides health care services as a disaster relief
4volunteer shall not, as a result of his or her acts or
5omissions, except willful and wanton misconduct on the part of
6the person, in providing health care services, be liable to a
7person to whom the health care services are provided for civil
8damages. This immunity applies to health care services that are
9provided without fee or compensation during or within 10 days
10following the end of a disaster or catastrophic event.
11    The immunity provided in this Section only applies to a
12disaster relief volunteer who provides health care services in
13relief of an earthquake, hurricane, tornado, nuclear attack,
14terrorist attack, epidemic, or pandemic without fee or
15compensation for providing the volunteer health care services.
16    The provisions of this Section shall not apply to any
17health care facility as defined in Section 8-2001 of the Code
18of Civil Procedure or to any practitioner, who is not a
19disaster relief volunteer, providing health care services in a
20hospital or health care facility.
21(Source: P.A. 98-214, eff. 8-9-13.)
 
22    Section 335. The Health Care Surrogate Act is amended by
23changing Section 65 as follows:
 
24    (755 ILCS 40/65)

 

 

HB3472- 693 -LRB100 05726 SMS 15748 b

1    Sec. 65. Department of Public Health Uniform POLST form.
2    (a) An individual of sound mind and having reached the age
3of majority or having obtained the status of an emancipated
4person pursuant to the Emancipation of Minors Act may execute a
5document (consistent with the Department of Public Health
6Uniform POLST form described in Section 2310-600 of the
7Department of Public Health Powers and Duties Law of the Civil
8Administrative Code of Illinois) directing that resuscitating
9efforts shall not be implemented. Such a document may also be
10executed by an attending health care practitioner. If more than
11one practitioner shares that responsibility, any of the
12attending health care practitioners may act under this Section.
13Notwithstanding the existence of a do-not-resuscitate (DNR)
14order or Department of Public Health Uniform POLST form,
15appropriate organ donation treatment may be applied or
16continued temporarily in the event of the patient's death, in
17accordance with subsection (g) of Section 20 of this Act, if
18the patient is an organ donor.
19    (a-5) Execution of a Department of Public Health Uniform
20POLST form is voluntary; no person can be required to execute
21either form. A person who has executed a Department of Public
22Health Uniform POLST form should review the form annually and
23when the person's condition changes.
24    (b) Consent to a Department of Public Health Uniform POLST
25form may be obtained from the individual, or from another
26person at the individual's direction, or from the individual's

 

 

HB3472- 694 -LRB100 05726 SMS 15748 b

1legal guardian, agent under a power of attorney for health
2care, or surrogate decision maker, and witnessed by one
3individual 18 years of age or older, who attests that the
4individual, other person, guardian, agent, or surrogate (1) has
5had an opportunity to read the form; and (2) has signed the
6form or acknowledged his or her signature or mark on the form
7in the witness's presence.
8    (b-5) As used in this Section, "attending health care
9practitioner" means an individual who (1) is an Illinois
10licensed physician, advanced practice registered nurse,
11physician assistant, or licensed resident after completion of
12one year in a program; (2) is selected by or assigned to the
13patient; and (3) has primary responsibility for treatment and
14care of the patient. "POLST" means practitioner orders for
15life-sustaining treatments.
16    (c) Nothing in this Section shall be construed to affect
17the ability of an individual to include instructions in an
18advance directive, such as a power of attorney for health care.
19The uniform form may, but need not, be in the form adopted by
20the Department of Public Health pursuant to Section 2310-600 of
21the Department of Public Health Powers and Duties Law (20 ILCS
222310/2310-600).
23    (d) A health care professional or health care provider may
24presume, in the absence of knowledge to the contrary, that a
25completed Department of Public Health Uniform POLST form, or a
26copy of that form or a previous version of the uniform form, is

 

 

HB3472- 695 -LRB100 05726 SMS 15748 b

1valid. A health care professional or health care provider, or
2an employee of a health care professional or health care
3provider, who in good faith complies with a cardiopulmonary
4resuscitation (CPR) or life-sustaining treatment order,
5Department of Public Health Uniform POLST form, or a previous
6version of the uniform form made in accordance with this Act is
7not, as a result of that compliance, subject to any criminal or
8civil liability, except for willful and wanton misconduct, and
9may not be found to have committed an act of unprofessional
10conduct.
11    (e) Nothing in this Section or this amendatory Act of the
1294th General Assembly or this amendatory Act of the 98th
13General Assembly shall be construed to affect the ability of a
14physician or other practitioner to make a do-not-resuscitate
15order.
16(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.)
 
17    Section 340. The Illinois Power of Attorney Act is amended
18by changing Sections 4-5.1 and 4-10 as follows:
 
19    (755 ILCS 45/4-5.1)
20    Sec. 4-5.1. Limitations on who may witness health care
21agencies.
22    (a) Every health care agency shall bear the signature of a
23witness to the signing of the agency. No witness may be under
2418 years of age. None of the following licensed professionals

 

 

HB3472- 696 -LRB100 05726 SMS 15748 b

1providing services to the principal may serve as a witness to
2the signing of a health care agency:
3        (1) the attending physician, advanced practice
4    registered nurse, physician assistant, dentist, podiatric
5    physician, optometrist, or psychologist of the principal,
6    or a relative of the physician, advanced practice
7    registered nurse, physician assistant, dentist, podiatric
8    physician, optometrist, or psychologist;
9        (2) an owner, operator, or relative of an owner or
10    operator of a health care facility in which the principal
11    is a patient or resident;
12        (3) a parent, sibling, or descendant, or the spouse of
13    a parent, sibling, or descendant, of either the principal
14    or any agent or successor agent, regardless of whether the
15    relationship is by blood, marriage, or adoption;
16        (4) an agent or successor agent for health care.
17    (b) The prohibition on the operator of a health care
18facility from serving as a witness shall extend to directors
19and executive officers of an operator that is a corporate
20entity but not other employees of the operator such as, but not
21limited to, non-owner chaplains or social workers, nurses, and
22other employees.
23(Source: P.A. 98-1113, eff. 1-1-15; 99-328, eff. 1-1-16.)
 
24    (755 ILCS 45/4-10)  (from Ch. 110 1/2, par. 804-10)
25    Sec. 4-10. Statutory short form power of attorney for

 

 

HB3472- 697 -LRB100 05726 SMS 15748 b

1health care.
2    (a) The form prescribed in this Section (sometimes also
3referred to in this Act as the "statutory health care power")
4may be used to grant an agent powers with respect to the
5principal's own health care; but the statutory health care
6power is not intended to be exclusive nor to cover delegation
7of a parent's power to control the health care of a minor
8child, and no provision of this Article shall be construed to
9invalidate or bar use by the principal of any other or
10different form of power of attorney for health care.
11Nonstatutory health care powers must be executed by the
12principal, designate the agent and the agent's powers, and
13comply with the limitations in Section 4-5 of this Article, but
14they need not be witnessed or conform in any other respect to
15the statutory health care power.
16    No specific format is required for the statutory health
17care power of attorney other than the notice must precede the
18form. The statutory health care power may be included in or
19combined with any other form of power of attorney governing
20property or other matters.
21    (b) The Illinois Statutory Short Form Power of Attorney for
22Health Care shall be substantially as follows:
 
23
NOTICE TO THE INDIVIDUAL SIGNING
24
THE POWER OF ATTORNEY FOR HEALTH CARE
25    No one can predict when a serious illness or accident might

 

 

HB3472- 698 -LRB100 05726 SMS 15748 b

1occur. When it does, you may need someone else to speak or make
2health care decisions for you. If you plan now, you can
3increase the chances that the medical treatment you get will be
4the treatment you want.
5    In Illinois, you can choose someone to be your "health care
6agent". Your agent is the person you trust to make health care
7decisions for you if you are unable or do not want to make them
8yourself. These decisions should be based on your personal
9values and wishes.
10    It is important to put your choice of agent in writing. The
11written form is often called an "advance directive". You may
12use this form or another form, as long as it meets the legal
13requirements of Illinois. There are many written and on-line
14resources to guide you and your loved ones in having a
15conversation about these issues. You may find it helpful to
16look at these resources while thinking about and discussing
17your advance directive.
 
18
WHAT ARE THE THINGS I WANT MY
19
HEALTH CARE AGENT TO KNOW?
20    The selection of your agent should be considered carefully,
21as your agent will have the ultimate decision making authority
22once this document goes into effect, in most instances after
23you are no longer able to make your own decisions. While the
24goal is for your agent to make decisions in keeping with your
25preferences and in the majority of circumstances that is what

 

 

HB3472- 699 -LRB100 05726 SMS 15748 b

1happens, please know that the law does allow your agent to make
2decisions to direct or refuse health care interventions or
3withdraw treatment. Your agent will need to think about
4conversations you have had, your personality, and how you
5handled important health care issues in the past. Therefore, it
6is important to talk with your agent and your family about such
7things as:
8        (i) What is most important to you in your life?
9        (ii) How important is it to you to avoid pain and
10    suffering?
11        (iii) If you had to choose, is it more important to you
12    to live as long as possible, or to avoid prolonged
13    suffering or disability?
14        (iv) Would you rather be at home or in a hospital for
15    the last days or weeks of your life?
16        (v) Do you have religious, spiritual, or cultural
17    beliefs that you want your agent and others to consider?
18        (vi) Do you wish to make a significant contribution to
19    medical science after your death through organ or whole
20    body donation?
21        (vii) Do you have an existing advanced directive, such
22    as a living will, that contains your specific wishes about
23    health care that is only delaying your death? If you have
24    another advance directive, make sure to discuss with your
25    agent the directive and the treatment decisions contained
26    within that outline your preferences. Make sure that your

 

 

HB3472- 700 -LRB100 05726 SMS 15748 b

1    agent agrees to honor the wishes expressed in your advance
2    directive.
 
3
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
4    If there is ever a period of time when your physician
5determines that you cannot make your own health care decisions,
6or if you do not want to make your own decisions, some of the
7decisions your agent could make are to:
8        (i) talk with physicians and other health care
9    providers about your condition.
10        (ii) see medical records and approve who else can see
11    them.
12        (iii) give permission for medical tests, medicines,
13    surgery, or other treatments.
14        (iv) choose where you receive care and which physicians
15    and others provide it.
16        (v) decide to accept, withdraw, or decline treatments
17    designed to keep you alive if you are near death or not
18    likely to recover. You may choose to include guidelines
19    and/or restrictions to your agent's authority.
20        (vi) agree or decline to donate your organs or your
21    whole body if you have not already made this decision
22    yourself. This could include donation for transplant,
23    research, and/or education. You should let your agent know
24    whether you are registered as a donor in the First Person
25    Consent registry maintained by the Illinois Secretary of

 

 

HB3472- 701 -LRB100 05726 SMS 15748 b

1    State or whether you have agreed to donate your whole body
2    for medical research and/or education.
3        (vii) decide what to do with your remains after you
4    have died, if you have not already made plans.
5        (viii) talk with your other loved ones to help come to
6    a decision (but your designated agent will have the final
7    say over your other loved ones).
8    Your agent is not automatically responsible for your health
9care expenses.
 
10
WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
11    You can pick a family member, but you do not have to. Your
12agent will have the responsibility to make medical treatment
13decisions, even if other people close to you might urge a
14different decision. The selection of your agent should be done
15carefully, as he or she will have ultimate decision-making
16authority for your treatment decisions once you are no longer
17able to voice your preferences. Choose a family member, friend,
18or other person who:
19        (i) is at least 18 years old;
20        (ii) knows you well;
21        (iii) you trust to do what is best for you and is
22    willing to carry out your wishes, even if he or she may not
23    agree with your wishes;
24        (iv) would be comfortable talking with and questioning
25    your physicians and other health care providers;

 

 

HB3472- 702 -LRB100 05726 SMS 15748 b

1        (v) would not be too upset to carry out your wishes if
2    you became very sick; and
3        (vi) can be there for you when you need it and is
4    willing to accept this important role.
 
5
WHAT IF MY AGENT IS NOT AVAILABLE OR IS
6
UNWILLING TO MAKE DECISIONS FOR ME?
7    If the person who is your first choice is unable to carry
8out this role, then the second agent you chose will make the
9decisions; if your second agent is not available, then the
10third agent you chose will make the decisions. The second and
11third agents are called your successor agents and they function
12as back-up agents to your first choice agent and may act only
13one at a time and in the order you list them.
 
14
WHAT WILL HAPPEN IF I DO NOT
15
CHOOSE A HEALTH CARE AGENT?
16    If you become unable to make your own health care decisions
17and have not named an agent in writing, your physician and
18other health care providers will ask a family member, friend,
19or guardian to make decisions for you. In Illinois, a law
20directs which of these individuals will be consulted. In that
21law, each of these individuals is called a "surrogate".
22    There are reasons why you may want to name an agent rather
23than rely on a surrogate:
24        (i) The person or people listed by this law may not be

 

 

HB3472- 703 -LRB100 05726 SMS 15748 b

1    who you would want to make decisions for you.
2        (ii) Some family members or friends might not be able
3    or willing to make decisions as you would want them to.
4        (iii) Family members and friends may disagree with one
5    another about the best decisions.
6        (iv) Under some circumstances, a surrogate may not be
7    able to make the same kinds of decisions that an agent can
8    make.
 
9
WHAT IF THERE IS NO ONE AVAILABLE
10
WHOM I TRUST TO BE MY AGENT?
11    In this situation, it is especially important to talk to
12your physician and other health care providers and create
13written guidance about what you want or do not want, in case
14you are ever critically ill and cannot express your own wishes.
15You can complete a living will. You can also write your wishes
16down and/or discuss them with your physician or other health
17care provider and ask him or her to write it down in your
18chart. You might also want to use written or on-line resources
19to guide you through this process.
 
20
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
21    Follow these instructions after you have completed the
22form:
23        (i) Sign the form in front of a witness. See the form
24    for a list of who can and cannot witness it.

 

 

HB3472- 704 -LRB100 05726 SMS 15748 b

1        (ii) Ask the witness to sign it, too.
2        (iii) There is no need to have the form notarized.
3        (iv) Give a copy to your agent and to each of your
4    successor agents.
5        (v) Give another copy to your physician.
6        (vi) Take a copy with you when you go to the hospital.
7        (vii) Show it to your family and friends and others who
8    care for you.
 
9
WHAT IF I CHANGE MY MIND?
10    You may change your mind at any time. If you do, tell
11someone who is at least 18 years old that you have changed your
12mind, and/or destroy your document and any copies. If you wish,
13fill out a new form and make sure everyone you gave the old
14form to has a copy of the new one, including, but not limited
15to, your agents and your physicians.
 
16
WHAT IF I DO NOT WANT TO USE THIS FORM?
17    In the event you do not want to use the Illinois statutory
18form provided here, any document you complete must be executed
19by you, designate an agent who is over 18 years of age and not
20prohibited from serving as your agent, and state the agent's
21powers, but it need not be witnessed or conform in any other
22respect to the statutory health care power.
23    If you have questions about the use of any form, you may
24want to consult your physician, other health care provider,

 

 

HB3472- 705 -LRB100 05726 SMS 15748 b

1and/or an attorney.
 
2
MY POWER OF ATTORNEY FOR HEALTH CARE

 
3THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
4FOR HEALTH CARE. (You must sign this form and a witness must
5also sign it before it is valid)
 
6My name (Print your full name):..........
7My address:..................................................
 
8I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
9(an agent is your personal representative under state and
10federal law):
11(Agent name).................
12(Agent address).............
13(Agent phone number).........................................
 
14(Please check box if applicable) .... If a guardian of my
15person is to be appointed, I nominate the agent acting under
16this power of attorney as guardian.
 
17SUCCESSOR HEALTH CARE AGENT(S) (optional):
18    If the agent I selected is unable or does not want to make
19health care decisions for me, then I request the person(s) I
20name below to be my successor health care agent(s). Only one

 

 

HB3472- 706 -LRB100 05726 SMS 15748 b

1person at a time can serve as my agent (add another page if you
2want to add more successor agent names):
3.....................
4(Successor agent #1 name, address and phone number)
5..........
6(Successor agent #2 name, address and phone number)
 
7MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
8        (i) Deciding to accept, withdraw or decline treatment
9    for any physical or mental condition of mine, including
10    life-and-death decisions.
11        (ii) Agreeing to admit me to or discharge me from any
12    hospital, home, or other institution, including a mental
13    health facility.
14        (iii) Having complete access to my medical and mental
15    health records, and sharing them with others as needed,
16    including after I die.
17        (iv) Carrying out the plans I have already made, or, if
18    I have not done so, making decisions about my body or
19    remains, including organ, tissue or whole body donation,
20    autopsy, cremation, and burial.
21    The above grant of power is intended to be as broad as
22possible so that my agent will have the authority to make any
23decision I could make to obtain or terminate any type of health
24care, including withdrawal of nutrition and hydration and other
25life-sustaining measures.
 

 

 

HB3472- 707 -LRB100 05726 SMS 15748 b

1I AUTHORIZE MY AGENT TO (please check any one box):
2    .... Make decisions for me only when I cannot make them for
3    myself. The physician(s) taking care of me will determine
4    when I lack this ability.
5        (If no box is checked, then the box above shall be
6    implemented.) OR
7    .... Make decisions for me only when I cannot make them for
8    myself. The physician(s) taking care of me will determine
9    when I lack this ability. Starting now, for the purpose of
10    assisting me with my health care plans and decisions, my
11    agent shall have complete access to my medical and mental
12    health records, the authority to share them with others as
13    needed, and the complete ability to communicate with my
14    personal physician(s) and other health care providers,
15    including the ability to require an opinion of my physician
16    as to whether I lack the ability to make decisions for
17    myself. OR
18    .... Make decisions for me starting now and continuing
19    after I am no longer able to make them for myself. While I
20    am still able to make my own decisions, I can still do so
21    if I want to.
 
22    The subject of life-sustaining treatment is of particular
23importance. Life-sustaining treatments may include tube
24feedings or fluids through a tube, breathing machines, and CPR.

 

 

HB3472- 708 -LRB100 05726 SMS 15748 b

1In general, in making decisions concerning life-sustaining
2treatment, your agent is instructed to consider the relief of
3suffering, the quality as well as the possible extension of
4your life, and your previously expressed wishes. Your agent
5will weigh the burdens versus benefits of proposed treatments
6in making decisions on your behalf.
7    Additional statements concerning the withholding or
8removal of life-sustaining treatment are described below.
9These can serve as a guide for your agent when making decisions
10for you. Ask your physician or health care provider if you have
11any questions about these statements.
 
12SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR WISHES
13(optional):
14    .... The quality of my life is more important than the
15    length of my life. If I am unconscious and my attending
16    physician believes, in accordance with reasonable medical
17    standards, that I will not wake up or recover my ability to
18    think, communicate with my family and friends, and
19    experience my surroundings, I do not want treatments to
20    prolong my life or delay my death, but I do want treatment
21    or care to make me comfortable and to relieve me of pain.
22    .... Staying alive is more important to me, no matter how
23    sick I am, how much I am suffering, the cost of the
24    procedures, or how unlikely my chances for recovery are. I
25    want my life to be prolonged to the greatest extent

 

 

HB3472- 709 -LRB100 05726 SMS 15748 b

1    possible in accordance with reasonable medical standards.
 
2SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:
3    The above grant of power is intended to be as broad as
4possible so that your agent will have the authority to make any
5decision you could make to obtain or terminate any type of
6health care. If you wish to limit the scope of your agent's
7powers or prescribe special rules or limit the power to
8authorize autopsy or dispose of remains, you may do so
9specifically in this form.
10..................................
11..............................
 
12My signature:..................
13Today's date:................................................
 
14HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
15COMPLETE THE SIGNATURE PORTION:
16    I am at least 18 years old. (check one of the options
17below):
18    .... I saw the principal sign this document, or
19    .... the principal told me that the signature or mark on
20    the principal signature line is his or hers.
21    I am not the agent or successor agent(s) named in this
22document. I am not related to the principal, the agent, or the
23successor agent(s) by blood, marriage, or adoption. I am not

 

 

HB3472- 710 -LRB100 05726 SMS 15748 b

1the principal's physician, advanced practice registered nurse,
2dentist, podiatric physician, optometrist, psychologist, or a
3relative of one of those individuals. I am not an owner or
4operator (or the relative of an owner or operator) of the
5health care facility where the principal is a patient or
6resident.
7Witness printed name:............
8Witness address:..............
9Witness signature:...............
10Today's date:................................................
 
11    (c) The statutory short form power of attorney for health
12care (the "statutory health care power") authorizes the agent
13to make any and all health care decisions on behalf of the
14principal which the principal could make if present and under
15no disability, subject to any limitations on the granted powers
16that appear on the face of the form, to be exercised in such
17manner as the agent deems consistent with the intent and
18desires of the principal. The agent will be under no duty to
19exercise granted powers or to assume control of or
20responsibility for the principal's health care; but when
21granted powers are exercised, the agent will be required to use
22due care to act for the benefit of the principal in accordance
23with the terms of the statutory health care power and will be
24liable for negligent exercise. The agent may act in person or
25through others reasonably employed by the agent for that

 

 

HB3472- 711 -LRB100 05726 SMS 15748 b

1purpose but may not delegate authority to make health care
2decisions. The agent may sign and deliver all instruments,
3negotiate and enter into all agreements and do all other acts
4reasonably necessary to implement the exercise of the powers
5granted to the agent. Without limiting the generality of the
6foregoing, the statutory health care power shall include the
7following powers, subject to any limitations appearing on the
8face of the form:
9        (1) The agent is authorized to give consent to and
10    authorize or refuse, or to withhold or withdraw consent to,
11    any and all types of medical care, treatment or procedures
12    relating to the physical or mental health of the principal,
13    including any medication program, surgical procedures,
14    life-sustaining treatment or provision of food and fluids
15    for the principal.
16        (2) The agent is authorized to admit the principal to
17    or discharge the principal from any and all types of
18    hospitals, institutions, homes, residential or nursing
19    facilities, treatment centers and other health care
20    institutions providing personal care or treatment for any
21    type of physical or mental condition. The agent shall have
22    the same right to visit the principal in the hospital or
23    other institution as is granted to a spouse or adult child
24    of the principal, any rule of the institution to the
25    contrary notwithstanding.
26        (3) The agent is authorized to contract for any and all

 

 

HB3472- 712 -LRB100 05726 SMS 15748 b

1    types of health care services and facilities in the name of
2    and on behalf of the principal and to bind the principal to
3    pay for all such services and facilities, and to have and
4    exercise those powers over the principal's property as are
5    authorized under the statutory property power, to the
6    extent the agent deems necessary to pay health care costs;
7    and the agent shall not be personally liable for any
8    services or care contracted for on behalf of the principal.
9        (4) At the principal's expense and subject to
10    reasonable rules of the health care provider to prevent
11    disruption of the principal's health care, the agent shall
12    have the same right the principal has to examine and copy
13    and consent to disclosure of all the principal's medical
14    records that the agent deems relevant to the exercise of
15    the agent's powers, whether the records relate to mental
16    health or any other medical condition and whether they are
17    in the possession of or maintained by any physician,
18    psychiatrist, psychologist, therapist, hospital, nursing
19    home or other health care provider. The authority under
20    this paragraph (4) applies to any information governed by
21    the Health Insurance Portability and Accountability Act of
22    1996 ("HIPAA") and regulations thereunder. The agent
23    serves as the principal's personal representative, as that
24    term is defined under HIPAA and regulations thereunder.
25        (5) The agent is authorized: to direct that an autopsy
26    be made pursuant to Section 2 of "An Act in relation to

 

 

HB3472- 713 -LRB100 05726 SMS 15748 b

1    autopsy of dead bodies", approved August 13, 1965,
2    including all amendments; to make a disposition of any part
3    or all of the principal's body pursuant to the Illinois
4    Anatomical Gift Act, as now or hereafter amended; and to
5    direct the disposition of the principal's remains.
6        (6) At any time during which there is no executor or
7    administrator appointed for the principal's estate, the
8    agent is authorized to continue to pursue an application or
9    appeal for government benefits if those benefits were
10    applied for during the life of the principal.
11    (d) A physician may determine that the principal is unable
12to make health care decisions for himself or herself only if
13the principal lacks decisional capacity, as that term is
14defined in Section 10 of the Health Care Surrogate Act.
15    (e) If the principal names the agent as a guardian on the
16statutory short form, and if a court decides that the
17appointment of a guardian will serve the principal's best
18interests and welfare, the court shall appoint the agent to
19serve without bond or security.
20(Source: P.A. 98-1113, eff. 1-1-15; 99-328, eff. 1-1-16.)
 
21    Section 995. No acceleration or delay. Where this Act makes
22changes in a statute that is represented in this Act by text
23that is not yet or no longer in effect (for example, a Section
24represented by multiple versions), the use of that text does
25not accelerate or delay the taking effect of (i) the changes

 

 

HB3472- 714 -LRB100 05726 SMS 15748 b

1made by this Act or (ii) provisions derived from any other
2Public Act.
 
3    Section 999. Effective date. This Act takes effect upon
4becoming law.

 

 

HB3472- 715 -LRB100 05726 SMS 15748 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.28
4    5 ILCS 80/4.38 new
5    5 ILCS 375/6.11A
6    10 ILCS 5/19-12.1from Ch. 46, par. 19-12.1
7    10 ILCS 5/19-13from Ch. 46, par. 19-13
8    15 ILCS 335/4from Ch. 124, par. 24
9    20 ILCS 301/5-23
10    20 ILCS 405/405-105was 20 ILCS 405/64.1
11    20 ILCS 1340/20
12    20 ILCS 1705/5.1from Ch. 91 1/2, par. 100-5.1
13    20 ILCS 1705/14from Ch. 91 1/2, par. 100-14
14    20 ILCS 1705/15.4
15    20 ILCS 2105/2105-17
16    20 ILCS 2305/7from Ch. 111 1/2, par. 22.05
17    20 ILCS 2305/8.2
18    20 ILCS 2310/2310-145
19    20 ILCS 2310/2310-397was 20 ILCS 2310/55.90
20    20 ILCS 2310/2310-410was 20 ILCS 2310/55.42
21    20 ILCS 2310/2310-600
22    20 ILCS 2310/2310-677
23    20 ILCS 2310/2310-690
24    20 ILCS 2335/10
25    20 ILCS 3805/7.30

 

 

HB3472- 716 -LRB100 05726 SMS 15748 b

1    35 ILCS 200/15-168
2    35 ILCS 200/15-172
3    55 ILCS 5/3-14049from Ch. 34, par. 3-14049
4    55 ILCS 5/3-15003.6
5    55 ILCS 5/5-1069from Ch. 34, par. 5-1069
6    65 ILCS 5/10-1-38.1from Ch. 24, par. 10-1-38.1
7    65 ILCS 5/10-2.1-18from Ch. 24, par. 10-2.1-18
8    105 ILCS 5/22-30
9    105 ILCS 5/22-80
10    105 ILCS 5/24-5from Ch. 122, par. 24-5
11    105 ILCS 5/24-6
12    105 ILCS 5/26-1from Ch. 122, par. 26-1
13    105 ILCS 5/27-8.1from Ch. 122, par. 27-8.1
14    105 ILCS 145/10
15    110 ILCS 975/3from Ch. 144, par. 2753
16    110 ILCS 975/5from Ch. 144, par. 2755
17    110 ILCS 975/6.5
18    210 ILCS 5/6.5
19    210 ILCS 9/10
20    210 ILCS 25/7-101from Ch. 111 1/2, par. 627-101
21    210 ILCS 45/3-206.05
22    210 ILCS 50/3.10
23    210 ILCS 50/3.117
24    210 ILCS 55/2.05from Ch. 111 1/2, par. 2802.05
25    210 ILCS 55/2.11
26    210 ILCS 62/25

 

 

HB3472- 717 -LRB100 05726 SMS 15748 b

1    210 ILCS 85/6.14g
2    210 ILCS 85/6.23a
3    210 ILCS 85/6.25
4    210 ILCS 85/10from Ch. 111 1/2, par. 151
5    210 ILCS 85/10.7
6    210 ILCS 85/10.8
7    210 ILCS 85/10.9
8    215 ILCS 5/356g.5
9    225 ILCS 25/4from Ch. 111, par. 2304
10    225 ILCS 25/8.1from Ch. 111, par. 2308.1
11    225 ILCS 47/15
12    225 ILCS 60/8.1
13    225 ILCS 60/22from Ch. 111, par. 4400-22
14    225 ILCS 60/54.2
15    225 ILCS 60/54.5
16    225 ILCS 65/50-10was 225 ILCS 65/5-10
17    225 ILCS 65/50-13 new
18    225 ILCS 65/50-15was 225 ILCS 65/5-15
19    225 ILCS 65/50-20was 225 ILCS 65/5-20
20    225 ILCS 65/50-26 new
21    225 ILCS 65/50-50was 225 ILCS 65/10-5
22    225 ILCS 65/50-55was 225 ILCS 65/10-10
23    225 ILCS 65/50-60was 225 ILCS 65/10-15
24    225 ILCS 65/50-65was 225 ILCS 65/10-25
25    225 ILCS 65/50-70was 225 ILCS 65/10-35
26    225 ILCS 65/50-75

 

 

HB3472- 718 -LRB100 05726 SMS 15748 b

1    225 ILCS 65/55-10was 225 ILCS 65/10-30
2    225 ILCS 65/55-11 new
3    225 ILCS 65/55-20
4    225 ILCS 65/55-30
5    225 ILCS 65/60-5
6    225 ILCS 65/60-10
7    225 ILCS 65/60-11 new
8    225 ILCS 65/60-25
9    225 ILCS 65/Art. 65
10    heading
11    225 ILCS 65/65-5was 225 ILCS 65/15-10
12    225 ILCS 65/65-10was 225 ILCS 65/15-13
13    225 ILCS 65/65-15
14    225 ILCS 65/65-20
15    225 ILCS 65/65-25
16    225 ILCS 65/65-30
17    225 ILCS 65/65-35was 225 ILCS 65/15-15
18    225 ILCS 65/65-35.1
19    225 ILCS 65/65-40was 225 ILCS 65/15-20
20    225 ILCS 65/65-45was 225 ILCS 65/15-25
21    225 ILCS 65/65-50was 225 ILCS 65/15-30
22    225 ILCS 65/65-55was 225 ILCS 65/15-40
23    225 ILCS 65/65-65was 225 ILCS 65/15-55
24    225 ILCS 65/70-5was 225 ILCS 65/10-45
25    225 ILCS 65/70-10was 225 ILCS 65/10-50
26    225 ILCS 65/70-20was 225 ILCS 65/20-13

 

 

HB3472- 719 -LRB100 05726 SMS 15748 b

1    225 ILCS 65/70-35was 225 ILCS 65/20-31
2    225 ILCS 65/70-40was 225 ILCS 65/20-32
3    225 ILCS 65/70-50was 225 ILCS 65/20-40
4    225 ILCS 65/70-60was 225 ILCS 65/20-55
5    225 ILCS 65/70-75was 225 ILCS 65/20-75
6    225 ILCS 65/70-80was 225 ILCS 65/20-80
7    225 ILCS 65/70-81 new
8    225 ILCS 65/70-85was 225 ILCS 65/20-85
9    225 ILCS 65/70-100was 225 ILCS 65/20-100
10    225 ILCS 65/70-103 new
11    225 ILCS 65/70-140was 225 ILCS 65/20-140
12    225 ILCS 65/70-145was 225 ILCS 65/20-145
13    225 ILCS 65/70-160was 225 ILCS 65/20-160
14    225 ILCS 65/Art. 75
15    heading
16    225 ILCS 65/75-10was 225 ILCS 65/17-10
17    225 ILCS 65/75-15was 225 ILCS 65/17-15
18    225 ILCS 65/75-20was 225 ILCS 65/17-20
19    225 ILCS 65/80-15
20    225 ILCS 65/80-35
21    225 ILCS 65/60-15 rep.
22    225 ILCS 65/70-30 rep.
23    225 ILCS 65/70-65 rep.
24    225 ILCS 65/70-105 rep.
25    225 ILCS 65/70-110 rep.
26    225 ILCS 65/70-115 rep.

 

 

HB3472- 720 -LRB100 05726 SMS 15748 b

1    225 ILCS 65/75-5 rep.
2    225 ILCS 75/3.1
3    225 ILCS 75/19from Ch. 111, par. 3719
4    225 ILCS 84/15
5    225 ILCS 84/57
6    225 ILCS 85/3
7    225 ILCS 85/4from Ch. 111, par. 4124
8    225 ILCS 85/16b
9    225 ILCS 90/1from Ch. 111, par. 4251
10    225 ILCS 90/17from Ch. 111, par. 4267
11    225 ILCS 100/20.5
12    225 ILCS 106/10
13    225 ILCS 106/15
14    225 ILCS 109/35
15    225 ILCS 109/40
16    225 ILCS 130/40
17    225 ILCS 135/90
18    225 ILCS 135/95
19    305 ILCS 5/5-8from Ch. 23, par. 5-8
20    305 ILCS 5/12-4.37
21    320 ILCS 42/35
22    325 ILCS 5/4
23    405 ILCS 90/10
24    405 ILCS 95/10
25    410 ILCS 27/5
26    410 ILCS 45/6.2from Ch. 111 1/2, par. 1306.2

 

 

HB3472- 721 -LRB100 05726 SMS 15748 b

1    410 ILCS 50/7
2    410 ILCS 70/1afrom Ch. 111 1/2, par. 87-1a
3    410 ILCS 70/2.2
4    410 ILCS 70/5from Ch. 111 1/2, par. 87-5
5    410 ILCS 70/5.5
6    410 ILCS 70/6.5
7    410 ILCS 210/1from Ch. 111, par. 4501
8    410 ILCS 210/1.5
9    410 ILCS 210/2from Ch. 111, par. 4502
10    410 ILCS 210/3from Ch. 111, par. 4503
11    410 ILCS 210/5from Ch. 111, par. 4505
12    410 ILCS 213/10
13    410 ILCS 225/2from Ch. 111 1/2, par. 7022
14    410 ILCS 225/6from Ch. 111 1/2, par. 7026
15    410 ILCS 305/3from Ch. 111 1/2, par. 7303
16    410 ILCS 325/3from Ch. 111 1/2, par. 7403
17    410 ILCS 325/4from Ch. 111 1/2, par. 7404
18    410 ILCS 325/5.5from Ch. 111 1/2, par. 7405.5
19    410 ILCS 335/5
20    410 ILCS 513/10
21    410 ILCS 642/10
22    420 ILCS 40/5from Ch. 111 1/2, par. 210-5
23    420 ILCS 40/6from Ch. 111 1/2, par. 210-6
24    625 ILCS 5/1-159.1from Ch. 95 1/2, par. 1-159.1
25    625 ILCS 5/3-609from Ch. 95 1/2, par. 3-609
26    625 ILCS 5/3-616from Ch. 95 1/2, par. 3-616

 

 

HB3472- 722 -LRB100 05726 SMS 15748 b

1    625 ILCS 5/6-103from Ch. 95 1/2, par. 6-103
2    625 ILCS 5/6-106.1from Ch. 95 1/2, par. 6-106.1
3    625 ILCS 5/6-106.1a
4    625 ILCS 5/6-901from Ch. 95 1/2, par. 6-901
5    625 ILCS 5/11-501.01
6    625 ILCS 5/11-501.2from Ch. 95 1/2, par. 11-501.2
7    625 ILCS 5/11-501.6from Ch. 95 1/2, par. 11-501.6
8    625 ILCS 5/11-501.8
9    625 ILCS 5/11-1301.2from Ch. 95 1/2, par. 11-1301.2
10    625 ILCS 5/11-1301.5
11    625 ILCS 45/5-16c
12    720 ILCS 5/9-1from Ch. 38, par. 9-1
13    720 ILCS 570/102from Ch. 56 1/2, par. 1102
14    720 ILCS 570/302from Ch. 56 1/2, par. 1302
15    720 ILCS 570/303.05
16    720 ILCS 570/313from Ch. 56 1/2, par. 1313
17    720 ILCS 570/320
18    735 ILCS 5/8-2001from Ch. 110, par. 8-2001
19    745 ILCS 49/30
20    745 ILCS 49/34
21    745 ILCS 49/68
22    755 ILCS 40/65
23    755 ILCS 45/4-5.1
24    755 ILCS 45/4-10from Ch. 110 1/2, par. 804-10