Sen. Iris Y. Martinez

Filed: 3/6/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 625

2    AMENDMENT NO. ______. Amend Senate Bill 625 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.28 and by adding Section 4.38 as follows:
 
6    (5 ILCS 80/4.28)
7    Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9    The Illinois Petroleum Education and Marketing Act.
10    The Podiatric Medical Practice Act of 1987.
11    The Acupuncture Practice Act.
12    The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14    The Interpreter for the Deaf Licensure Act of 2007.
15    The Nurse Practice Act.
16    The Clinical Social Work and Social Work Practice Act.

 

 

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1    The Pharmacy Practice Act.
2    The Home Medical Equipment and Services Provider License
3Act.
4    The Marriage and Family Therapy Licensing Act.
5    The Nursing Home Administrators Licensing and Disciplinary
6Act.
7    The Physician Assistant Practice Act of 1987.
8(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
995-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
109-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
11eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
1296-328, eff. 8-11-09.)
 
13    (5 ILCS 80/4.38 new)
14    Sec. 4.38. Act repealed on January 1, 2028. The following
15Act is repealed on January 1, 2028:
16    The Nurse Practice Act.
 
17    Section 10. The State Employees Group Insurance Act of 1971
18is amended by changing Section 6.11A as follows:
 
19    (5 ILCS 375/6.11A)
20    Sec. 6.11A. Physical therapy and occupational therapy.
21    (a) The program of health benefits provided under this Act
22shall provide coverage for medically necessary physical
23therapy and occupational therapy when that therapy is ordered

 

 

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1for the treatment of autoimmune diseases or referred for the
2same purpose by (i) a physician licensed under the Medical
3Practice Act of 1987, (ii) a physician assistant licensed under
4the Physician Assistant Practice Act of 1987, or (iii) an
5advanced practice registered nurse licensed under the Nurse
6Practice Act.
7    (b) For the purpose of this Section, "medically necessary"
8means any care, treatment, intervention, service, or item that
9will or is reasonably expected to:
10        (i) prevent the onset of an illness, condition, injury,
11    disease, or disability;
12        (ii) reduce or ameliorate the physical, mental, or
13    developmental effects of an illness, condition, injury,
14    disease, or disability; or
15        (iii) assist the achievement or maintenance of maximum
16    functional activity in performing daily activities.
17    (c) The coverage required under this Section shall be
18subject to the same deductible, coinsurance, waiting period,
19cost sharing limitation, treatment limitation, calendar year
20maximum, or other limitations as provided for other physical or
21rehabilitative or occupational therapy benefits covered by the
22policy.
23    (d) Upon request of the reimbursing insurer, the provider
24of the physical therapy or occupational therapy shall furnish
25medical records, clinical notes, or other necessary data that
26substantiate that initial or continued treatment is medically

 

 

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1necessary. When treatment is anticipated to require continued
2services to achieve demonstrable progress, the insurer may
3request a treatment plan consisting of the diagnosis, proposed
4treatment by type, proposed frequency of treatment,
5anticipated duration of treatment, anticipated outcomes stated
6as goals, and proposed frequency of updating the treatment
7plan.
8    (e) When making a determination of medical necessity for
9treatment, an insurer must make the determination in a manner
10consistent with the manner in which that determination is made
11with respect to other diseases or illnesses covered under the
12policy, including an appeals process. During the appeals
13process, any challenge to medical necessity may be viewed as
14reasonable only if the review includes a licensed health care
15professional with the same category of license as the
16professional who ordered or referred the service in question
17and with expertise in the most current and effective treatment.
18(Source: P.A. 99-581, eff. 1-1-17.)
 
19    Section 15. The Election Code is amended by changing
20Sections 19-12.1 and 19-13 as follows:
 
21    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
22    Sec. 19-12.1. Any qualified elector who has secured an
23Illinois Person with a Disability Identification Card in
24accordance with the Illinois Identification Card Act,

 

 

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

 

 

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

 

 

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

 

 

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1the ballot shall be the same as that provided in this Article
2for other vote by mail ballots, except that a statement to be
3subscribed to by the voter but which need not be sworn to shall
4be placed on the ballot envelope in lieu of the affidavit
5prescribed by Section 19-5.
6    Any person who knowingly subscribes to a false statement in
7connection with voting under this Section shall be guilty of a
8Class A misdemeanor.
9    For the purposes of this Section, "nursing home resident"
10includes a resident of (i) a federally operated veterans' home,
11hospital, or facility located in Illinois or (ii) a facility
12licensed under the ID/DD Community Care Act, the MC/DD Act, or
13the Specialized Mental Health Rehabilitation Act of 2013. For
14the purposes of this Section, "federally operated veterans'
15home, hospital, or facility" means the long-term care
16facilities at the Jesse Brown VA Medical Center, Illiana Health
17Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
18Center, and Captain James A. Lovell Federal Health Care Center.
19(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
2099-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff.
211-1-17; 99-642, eff. 6-28-16.)
 
22    (10 ILCS 5/19-13)  (from Ch. 46, par. 19-13)
23    Sec. 19-13. Any qualified voter who has been admitted to a
24hospital, nursing home, or rehabilitation center due to an
25illness or physical injury not more than 14 days before an

 

 

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1election shall be entitled to personal delivery of a vote by
2mail ballot in the hospital, nursing home, or rehabilitation
3center subject to the following conditions:
4    (1) The voter completes the Application for Physically
5Incapacitated Elector as provided in Section 19-3, stating as
6reasons therein that he is a patient in ............... (name
7of hospital/home/center), ............... located at,
8............... (address of hospital/home/center),
9............... (county, city/village), was admitted for
10............... (nature of illness or physical injury), on
11............... (date of admission), and does not expect to be
12released from the hospital/home/center on or before the day of
13election or, if released, is expected to be homebound on the
14day of the election and unable to travel to the polling place.
15    (2) The voter's physician, advanced practice registered
16nurse, or physician assistant completes a Certificate of
17Attending Health Care Professional in a form substantially as
18follows:
19
CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL
20    I state that I am a physician, advanced practice registered
21nurse, or physician assistant, duly licensed to practice in the
22State of .........; that .......... is a patient in ..........
23(name of hospital/home/center), located at .............
24(address of hospital/home/center), ................. (county,
25city/village); that such individual was admitted for
26............. (nature of illness or physical injury), on

 

 

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1............ (date of admission); and that I have examined such
2individual in the State in which I am licensed to practice and
3do not expect such individual to be released from the
4hospital/home/center on or before the day of election or, if
5released, to be able to travel to the polling place on election
6day.
7    Under penalties as provided by law pursuant to Section
829-10 of The Election Code, the undersigned certifies that the
9statements set forth in this certification are true and
10correct.
11
(Signature) ...............
12
(Date licensed) ............
13    (3) Any person who is registered to vote in the same
14precinct as the admitted voter or any legal relative of the
15admitted voter may present such voter's vote by mail ballot
16application, completed as prescribed in paragraph 1,
17accompanied by the physician's, advanced practice registered
18nurse's, or a physician assistant's certificate, completed as
19prescribed in paragraph 2, to the election authority. Such
20precinct voter or relative shall execute and sign an affidavit
21furnished by the election authority attesting that he is a
22registered voter in the same precinct as the admitted voter or
23that he is a legal relative of the admitted voter and stating
24the nature of the relationship. Such precinct voter or relative
25shall further attest that he has been authorized by the
26admitted voter to obtain his or her vote by mail ballot from

 

 

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1the election authority and deliver such ballot to him in the
2hospital, home, or center.
3    Upon receipt of the admitted voter's application,
4physician's, advanced practice registered nurse's, or a
5physician assistant's certificate, and the affidavit of the
6precinct voter or the relative, the election authority shall
7examine the registration records to determine if the applicant
8is qualified to vote and, if found to be qualified, shall
9provide the precinct voter or the relative the vote by mail
10ballot for delivery to the applicant.
11    Upon receipt of the vote by mail ballot, the admitted voter
12shall mark the ballot in secret and subscribe to the
13certifications on the vote by mail ballot return envelope.
14After depositing the ballot in the return envelope and securely
15sealing the envelope, such voter shall give the envelope to the
16precinct voter or the relative who shall deliver it to the
17election authority in sufficient time for the ballot to be
18delivered by the election authority to the election authority's
19central ballot counting location before 7 p.m. on election day.
20    Upon receipt of the admitted voter's vote by mail ballot,
21the ballot shall be counted in the manner prescribed in this
22Article.
23(Source: P.A. 98-1171, eff. 6-1-15; 99-581, eff. 1-1-17.)
 
24    Section 20. The Illinois Identification Card Act is amended
25by changing Section 4 as follows:
 

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
298-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
37-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
4eff. 7-28-16.)
 
5    (Text of Section after amendment by P.A. 99-907)
6    Sec. 4. Identification Card.
7    (a) The Secretary of State shall issue a standard Illinois
8Identification Card to any natural person who is a resident of
9the State of Illinois who applies for such card, or renewal
10thereof. No identification card shall be issued to any person
11who holds a valid foreign state identification card, license,
12or permit unless the person first surrenders to the Secretary
13of State the valid foreign state identification card, license,
14or permit. The card shall be prepared and supplied by the
15Secretary of State and shall include a photograph and signature
16or mark of the applicant. However, the Secretary of State may
17provide by rule for the issuance of Illinois Identification
18Cards without photographs if the applicant has a bona fide
19religious objection to being photographed or to the display of
20his or her photograph. The Illinois Identification Card may be
21used for identification purposes in any lawful situation only
22by the person to whom it was issued. As used in this Act,
23"photograph" means any color photograph or digitally produced
24and captured image of an applicant for an identification card.
25As used in this Act, "signature" means the name of a person as

 

 

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

 

 

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

 

 

10000SB0625sam001- 22 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 23 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 24 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 25 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 26 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 27 -LRB100 04131 SMS 22955 a

1at, but not limited to, nutrition sites, senior citizen centers
2and Area Agencies on Aging. The applicant, upon receipt of such
3card and prior to its use for any purpose, shall have affixed
4thereon in the space provided therefor his signature or mark.
5    (e) The Secretary of State, in his or her discretion, may
6designate on each Illinois Identification Card or Illinois
7Person with a Disability Identification Card a space where the
8card holder may place a sticker or decal, issued by the
9Secretary of State, of uniform size as the Secretary may
10specify, that shall indicate in appropriate language that the
11card holder has renewed his or her Illinois Identification Card
12or Illinois Person with a Disability Identification Card.
13(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
1498-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
157-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
16eff. 7-28-16; 99-907, eff. 7-1-17.)
 
17    Section 25. The Alcoholism and Other Drug Abuse and
18Dependency Act is amended by changing Section 5-23 as follows:
 
19    (20 ILCS 301/5-23)
20    Sec. 5-23. Drug Overdose Prevention Program.
21    (a) Reports of drug overdose.
22        (1) The Director of the Division of Alcoholism and
23    Substance Abuse shall publish annually a report on drug
24    overdose trends statewide that reviews State death rates

 

 

10000SB0625sam001- 28 -LRB100 04131 SMS 22955 a

1    from available data to ascertain changes in the causes or
2    rates of fatal and nonfatal drug overdose. The report shall
3    also provide information on interventions that would be
4    effective in reducing the rate of fatal or nonfatal drug
5    overdose and shall include an analysis of drug overdose
6    information reported to the Department of Public Health
7    pursuant to subsection (e) of Section 3-3013 of the
8    Counties Code, Section 6.14g of the Hospital Licensing Act,
9    and subsection (j) of Section 22-30 of the School Code.
10        (2) The report may include:
11            (A) Trends in drug overdose death rates.
12            (B) Trends in emergency room utilization related
13        to drug overdose and the cost impact of emergency room
14        utilization.
15            (C) Trends in utilization of pre-hospital and
16        emergency services and the cost impact of emergency
17        services utilization.
18            (D) Suggested improvements in data collection.
19            (E) A description of other interventions effective
20        in reducing the rate of fatal or nonfatal drug
21        overdose.
22            (F) A description of efforts undertaken to educate
23        the public about unused medication and about how to
24        properly dispose of unused medication, including the
25        number of registered collection receptacles in this
26        State, mail-back programs, and drug take-back events.

 

 

10000SB0625sam001- 29 -LRB100 04131 SMS 22955 a

1    (b) Programs; drug overdose prevention.
2        (1) The Director may establish a program to provide for
3    the production and publication, in electronic and other
4    formats, of drug overdose prevention, recognition, and
5    response literature. The Director may develop and
6    disseminate curricula for use by professionals,
7    organizations, individuals, or committees interested in
8    the prevention of fatal and nonfatal drug overdose,
9    including, but not limited to, drug users, jail and prison
10    personnel, jail and prison inmates, drug treatment
11    professionals, emergency medical personnel, hospital
12    staff, families and associates of drug users, peace
13    officers, firefighters, public safety officers, needle
14    exchange program staff, and other persons. In addition to
15    information regarding drug overdose prevention,
16    recognition, and response, literature produced by the
17    Department shall stress that drug use remains illegal and
18    highly dangerous and that complete abstinence from illegal
19    drug use is the healthiest choice. The literature shall
20    provide information and resources for substance abuse
21    treatment.
22        The Director may establish or authorize programs for
23    prescribing, dispensing, or distributing opioid
24    antagonists for the treatment of drug overdose. Such
25    programs may include the prescribing of opioid antagonists
26    for the treatment of drug overdose to a person who is not

 

 

10000SB0625sam001- 30 -LRB100 04131 SMS 22955 a

1    at risk of opioid overdose but who, in the judgment of the
2    health care professional, may be in a position to assist
3    another individual during an opioid-related drug overdose
4    and who has received basic instruction on how to administer
5    an opioid antagonist.
6        (2) The Director may provide advice to State and local
7    officials on the growing drug overdose crisis, including
8    the prevalence of drug overdose incidents, programs
9    promoting the disposal of unused prescription drugs,
10    trends in drug overdose incidents, and solutions to the
11    drug overdose crisis.
12    (c) Grants.
13        (1) The Director may award grants, in accordance with
14    this subsection, to create or support local drug overdose
15    prevention, recognition, and response projects. Local
16    health departments, correctional institutions, hospitals,
17    universities, community-based organizations, and
18    faith-based organizations may apply to the Department for a
19    grant under this subsection at the time and in the manner
20    the Director prescribes.
21        (2) In awarding grants, the Director shall consider the
22    necessity for overdose prevention projects in various
23    settings and shall encourage all grant applicants to
24    develop interventions that will be effective and viable in
25    their local areas.
26        (3) The Director shall give preference for grants to

 

 

10000SB0625sam001- 31 -LRB100 04131 SMS 22955 a

1    proposals that, in addition to providing life-saving
2    interventions and responses, provide information to drug
3    users on how to access drug treatment or other strategies
4    for abstaining from illegal drugs. The Director shall give
5    preference to proposals that include one or more of the
6    following elements:
7            (A) Policies and projects to encourage persons,
8        including drug users, to call 911 when they witness a
9        potentially fatal drug overdose.
10            (B) Drug overdose prevention, recognition, and
11        response education projects in drug treatment centers,
12        outreach programs, and other organizations that work
13        with, or have access to, drug users and their families
14        and communities.
15            (C) Drug overdose recognition and response
16        training, including rescue breathing, in drug
17        treatment centers and for other organizations that
18        work with, or have access to, drug users and their
19        families and communities.
20            (D) The production and distribution of targeted or
21        mass media materials on drug overdose prevention and
22        response, the potential dangers of keeping unused
23        prescription drugs in the home, and methods to properly
24        dispose of unused prescription drugs.
25            (E) Prescription and distribution of opioid
26        antagonists.

 

 

10000SB0625sam001- 32 -LRB100 04131 SMS 22955 a

1            (F) The institution of education and training
2        projects on drug overdose response and treatment for
3        emergency services and law enforcement personnel.
4            (G) A system of parent, family, and survivor
5        education and mutual support groups.
6        (4) In addition to moneys appropriated by the General
7    Assembly, the Director may seek grants from private
8    foundations, the federal government, and other sources to
9    fund the grants under this Section and to fund an
10    evaluation of the programs supported by the grants.
11    (d) Health care professional prescription of opioid
12antagonists.
13        (1) A health care professional who, acting in good
14    faith, directly or by standing order, prescribes or
15    dispenses an opioid antagonist to: (a) a patient who, in
16    the judgment of the health care professional, is capable of
17    administering the drug in an emergency, or (b) a person who
18    is not at risk of opioid overdose but who, in the judgment
19    of the health care professional, may be in a position to
20    assist another individual during an opioid-related drug
21    overdose and who has received basic instruction on how to
22    administer an opioid antagonist shall not, as a result of
23    his or her acts or omissions, be subject to: (i) any
24    disciplinary or other adverse action under the Medical
25    Practice Act of 1987, the Physician Assistant Practice Act
26    of 1987, the Nurse Practice Act, the Pharmacy Practice Act,

 

 

10000SB0625sam001- 33 -LRB100 04131 SMS 22955 a

1    or any other professional licensing statute or (ii) any
2    criminal liability, except for willful and wanton
3    misconduct.
4        (2) A person who is not otherwise licensed to
5    administer an opioid antagonist may in an emergency
6    administer without fee an opioid antagonist if the person
7    has received the patient information specified in
8    paragraph (4) of this subsection and believes in good faith
9    that another person is experiencing a drug overdose. The
10    person shall not, as a result of his or her acts or
11    omissions, be (i) liable for any violation of the Medical
12    Practice Act of 1987, the Physician Assistant Practice Act
13    of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
14    or any other professional licensing statute, or (ii)
15    subject to any criminal prosecution or civil liability,
16    except for willful and wanton misconduct.
17        (3) A health care professional prescribing an opioid
18    antagonist to a patient shall ensure that the patient
19    receives the patient information specified in paragraph
20    (4) of this subsection. Patient information may be provided
21    by the health care professional or a community-based
22    organization, substance abuse program, or other
23    organization with which the health care professional
24    establishes a written agreement that includes a
25    description of how the organization will provide patient
26    information, how employees or volunteers providing

 

 

10000SB0625sam001- 34 -LRB100 04131 SMS 22955 a

1    information will be trained, and standards for documenting
2    the provision of patient information to patients.
3    Provision of patient information shall be documented in the
4    patient's medical record or through similar means as
5    determined by agreement between the health care
6    professional and the organization. The Director of the
7    Division of Alcoholism and Substance Abuse, in
8    consultation with statewide organizations representing
9    physicians, pharmacists, advanced practice registered
10    nurses, physician assistants, substance abuse programs,
11    and other interested groups, shall develop and disseminate
12    to health care professionals, community-based
13    organizations, substance abuse programs, and other
14    organizations training materials in video, electronic, or
15    other formats to facilitate the provision of such patient
16    information.
17        (4) For the purposes of this subsection:
18        "Opioid antagonist" means a drug that binds to opioid
19    receptors and blocks or inhibits the effect of opioids
20    acting on those receptors, including, but not limited to,
21    naloxone hydrochloride or any other similarly acting drug
22    approved by the U.S. Food and Drug Administration.
23        "Health care professional" means a physician licensed
24    to practice medicine in all its branches, a licensed
25    physician assistant with prescriptive authority, a
26    licensed advanced practice registered nurse with

 

 

10000SB0625sam001- 35 -LRB100 04131 SMS 22955 a

1    prescriptive authority, an advanced practice registered
2    nurse or physician assistant who practices in a hospital,
3    hospital affiliate, or ambulatory surgical treatment
4    center and possesses appropriate clinical privileges in
5    accordance with the Nurse Practice Act, or a pharmacist
6    licensed to practice pharmacy under the Pharmacy Practice
7    Act.
8        "Patient" includes a person who is not at risk of
9    opioid overdose but who, in the judgment of the physician,
10    advanced practice registered nurse, or physician
11    assistant, may be in a position to assist another
12    individual during an overdose and who has received patient
13    information as required in paragraph (2) of this subsection
14    on the indications for and administration of an opioid
15    antagonist.
16        "Patient information" includes information provided to
17    the patient on drug overdose prevention and recognition;
18    how to perform rescue breathing and resuscitation; opioid
19    antagonist dosage and administration; the importance of
20    calling 911; care for the overdose victim after
21    administration of the overdose antagonist; and other
22    issues as necessary.
23    (e) Drug overdose response policy.
24        (1) Every State and local government agency that
25    employs a law enforcement officer or fireman as those terms
26    are defined in the Line of Duty Compensation Act must

 

 

10000SB0625sam001- 36 -LRB100 04131 SMS 22955 a

1    possess opioid antagonists and must establish a policy to
2    control the acquisition, storage, transportation, and
3    administration of such opioid antagonists and to provide
4    training in the administration of opioid antagonists. A
5    State or local government agency that employs a fireman as
6    defined in the Line of Duty Compensation Act but does not
7    respond to emergency medical calls or provide medical
8    services shall be exempt from this subsection.
9        (2) Every publicly or privately owned ambulance,
10    special emergency medical services vehicle, non-transport
11    vehicle, or ambulance assist vehicle, as described in the
12    Emergency Medical Services (EMS) Systems Act, which
13    responds to requests for emergency services or transports
14    patients between hospitals in emergency situations must
15    possess opioid antagonists.
16        (3) Entities that are required under paragraphs (1) and
17    (2) to possess opioid antagonists may also apply to the
18    Department for a grant to fund the acquisition of opioid
19    antagonists and training programs on the administration of
20    opioid antagonists.
21(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
2299-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)
 
23    Section 30. The Department of Central Management Services
24Law of the Civil Administrative Code of Illinois is amended by
25changing Section 405-105 as follows:
 

 

 

10000SB0625sam001- 37 -LRB100 04131 SMS 22955 a

1    (20 ILCS 405/405-105)  (was 20 ILCS 405/64.1)
2    Sec. 405-105. Fidelity, surety, property, and casualty
3insurance. The Department shall establish and implement a
4program to coordinate the handling of all fidelity, surety,
5property, and casualty insurance exposures of the State and the
6departments, divisions, agencies, branches, and universities
7of the State. In performing this responsibility, the Department
8shall have the power and duty to do the following:
9        (1) Develop and maintain loss and exposure data on all
10    State property.
11        (2) Study the feasibility of establishing a
12    self-insurance plan for State property and prepare
13    estimates of the costs of reinsurance for risks beyond the
14    realistic limits of the self-insurance.
15        (3) Prepare a plan for centralizing the purchase of
16    property and casualty insurance on State property under a
17    master policy or policies and purchase the insurance
18    contracted for as provided in the Illinois Purchasing Act.
19        (4) Evaluate existing provisions for fidelity bonds
20    required of State employees and recommend changes that are
21    appropriate commensurate with risk experience and the
22    determinations respecting self-insurance or reinsurance so
23    as to permit reduction of costs without loss of coverage.
24        (5) Investigate procedures for inclusion of school
25    districts, public community college districts, and other

 

 

10000SB0625sam001- 38 -LRB100 04131 SMS 22955 a

1    units of local government in programs for the centralized
2    purchase of insurance.
3        (6) Implement recommendations of the State Property
4    Insurance Study Commission that the Department finds
5    necessary or desirable in the performance of its powers and
6    duties under this Section to achieve efficient and
7    comprehensive risk management.
8        (7) Prepare and, in the discretion of the Director,
9    implement a plan providing for the purchase of public
10    liability insurance or for self-insurance for public
11    liability or for a combination of purchased insurance and
12    self-insurance for public liability (i) covering the State
13    and drivers of motor vehicles owned, leased, or controlled
14    by the State of Illinois pursuant to the provisions and
15    limitations contained in the Illinois Vehicle Code, (ii)
16    covering other public liability exposures of the State and
17    its employees within the scope of their employment, and
18    (iii) covering drivers of motor vehicles not owned, leased,
19    or controlled by the State but used by a State employee on
20    State business, in excess of liability covered by an
21    insurance policy obtained by the owner of the motor vehicle
22    or in excess of the dollar amounts that the Department
23    shall determine to be reasonable. Any contract of insurance
24    let under this Law shall be by bid in accordance with the
25    procedure set forth in the Illinois Purchasing Act. Any
26    provisions for self-insurance shall conform to subdivision

 

 

10000SB0625sam001- 39 -LRB100 04131 SMS 22955 a

1    (11).
2        The term "employee" as used in this subdivision (7) and
3    in subdivision (11) means a person while in the employ of
4    the State who is a member of the staff or personnel of a
5    State agency, bureau, board, commission, committee,
6    department, university, or college or who is a State
7    officer, elected official, commissioner, member of or ex
8    officio member of a State agency, bureau, board,
9    commission, committee, department, university, or college,
10    or a member of the National Guard while on active duty
11    pursuant to orders of the Governor of the State of
12    Illinois, or any other person while using a licensed motor
13    vehicle owned, leased, or controlled by the State of
14    Illinois with the authorization of the State of Illinois,
15    provided the actual use of the motor vehicle is within the
16    scope of that authorization and within the course of State
17    service.
18        Subsequent to payment of a claim on behalf of an
19    employee pursuant to this Section and after reasonable
20    advance written notice to the employee, the Director may
21    exclude the employee from future coverage or limit the
22    coverage under the plan if (i) the Director determines that
23    the claim resulted from an incident in which the employee
24    was grossly negligent or had engaged in willful and wanton
25    misconduct or (ii) the Director determines that the
26    employee is no longer an acceptable risk based on a review

 

 

10000SB0625sam001- 40 -LRB100 04131 SMS 22955 a

1    of prior accidents in which the employee was at fault and
2    for which payments were made pursuant to this Section.
3        The Director is authorized to promulgate
4    administrative rules that may be necessary to establish and
5    administer the plan.
6        Appropriations from the Road Fund shall be used to pay
7    auto liability claims and related expenses involving
8    employees of the Department of Transportation, the
9    Illinois State Police, and the Secretary of State.
10        (8) Charge, collect, and receive from all other
11    agencies of the State government fees or monies equivalent
12    to the cost of purchasing the insurance.
13        (9) Establish, through the Director, charges for risk
14    management services rendered to State agencies by the
15    Department. The State agencies so charged shall reimburse
16    the Department by vouchers drawn against their respective
17    appropriations. The reimbursement shall be determined by
18    the Director as amounts sufficient to reimburse the
19    Department for expenditures incurred in rendering the
20    service.
21        The Department shall charge the employing State agency
22    or university for workers' compensation payments for
23    temporary total disability paid to any employee after the
24    employee has received temporary total disability payments
25    for 120 days if the employee's treating physician, advanced
26    practice registered nurse, or physician assistant has

 

 

10000SB0625sam001- 41 -LRB100 04131 SMS 22955 a

1    issued a release to return to work with restrictions and
2    the employee is able to perform modified duty work but the
3    employing State agency or university does not return the
4    employee to work at modified duty. Modified duty shall be
5    duties assigned that may or may not be delineated as part
6    of the duties regularly performed by the employee. Modified
7    duties shall be assigned within the prescribed
8    restrictions established by the treating physician and the
9    physician who performed the independent medical
10    examination. The amount of all reimbursements shall be
11    deposited into the Workers' Compensation Revolving Fund
12    which is hereby created as a revolving fund in the State
13    treasury. In addition to any other purpose authorized by
14    law, moneys in the Fund shall be used, subject to
15    appropriation, to pay these or other temporary total
16    disability claims of employees of State agencies and
17    universities.
18        Beginning with fiscal year 1996, all amounts recovered
19    by the Department through subrogation in workers'
20    compensation and workers' occupational disease cases shall
21    be deposited into the Workers' Compensation Revolving Fund
22    created under this subdivision (9).
23        (10) Establish rules, procedures, and forms to be used
24    by State agencies in the administration and payment of
25    workers' compensation claims. For claims filed prior to
26    July 1, 2013, the Department shall initially evaluate and

 

 

10000SB0625sam001- 42 -LRB100 04131 SMS 22955 a

1    determine the compensability of any injury that is the
2    subject of a workers' compensation claim and provide for
3    the administration and payment of such a claim for all
4    State agencies. For claims filed on or after July 1, 2013,
5    the Department shall retain responsibility for certain
6    administrative payments including, but not limited to,
7    payments to the private vendor contracted to perform
8    services under subdivision (10b) of this Section, payments
9    related to travel expenses for employees of the Office of
10    the Attorney General, and payments to internal Department
11    staff responsible for the oversight and management of any
12    contract awarded pursuant to subdivision (10b) of this
13    Section. Through December 31, 2012, the Director may
14    delegate to any agency with the agreement of the agency
15    head the responsibility for evaluation, administration,
16    and payment of that agency's claims. Neither the Department
17    nor the private vendor contracted to perform services under
18    subdivision (10b) of this Section shall be responsible for
19    providing workers' compensation services to the Illinois
20    State Toll Highway Authority or to State universities that
21    maintain self-funded workers' compensation liability
22    programs.
23        (10a) By April 1 of each year prior to calendar year
24    2013, the Director must report and provide information to
25    the State Workers' Compensation Program Advisory Board
26    concerning the status of the State workers' compensation

 

 

10000SB0625sam001- 43 -LRB100 04131 SMS 22955 a

1    program for the next fiscal year. Information that the
2    Director must provide to the State Workers' Compensation
3    Program Advisory Board includes, but is not limited to,
4    documents, reports of negotiations, bid invitations,
5    requests for proposals, specifications, copies of proposed
6    and final contracts or agreements, and any other materials
7    concerning contracts or agreements for the program. By the
8    first of each month prior to calendar year 2013, the
9    Director must provide updated, and any new, information to
10    the State Workers' Compensation Program Advisory Board
11    until the State workers' compensation program for the next
12    fiscal year is determined.
13        (10b) No later than January 1, 2013, the chief
14    procurement officer appointed under paragraph (4) of
15    subsection (a) of Section 10-20 of the Illinois Procurement
16    Code (hereinafter "chief procurement officer"), in
17    consultation with the Department of Central Management
18    Services, shall procure one or more private vendors to
19    administer the program providing payments for workers'
20    compensation liability with respect to the employees of all
21    State agencies. The chief procurement officer may procure a
22    single contract applicable to all State agencies or
23    multiple contracts applicable to one or more State
24    agencies. If the chief procurement officer procures a
25    single contract applicable to all State agencies, then the
26    Department of Central Management Services shall be

 

 

10000SB0625sam001- 44 -LRB100 04131 SMS 22955 a

1    designated as the agency that enters into the contract and
2    shall be responsible for the contract. If the chief
3    procurement officer procures multiple contracts applicable
4    to one or more State agencies, each agency to which the
5    contract applies shall be designated as the agency that
6    shall enter into the contract and shall be responsible for
7    the contract. If the chief procurement officer procures
8    contracts applicable to an individual State agency, the
9    agency subject to the contract shall be designated as the
10    agency responsible for the contract.
11        (10c) The procurement of private vendors for the
12    administration of the workers' compensation program for
13    State employees is subject to the provisions of the
14    Illinois Procurement Code and administration by the chief
15    procurement officer.
16        (10d) Contracts for the procurement of private vendors
17    for the administration of the workers' compensation
18    program for State employees shall be based upon, but
19    limited to, the following criteria: (i) administrative
20    cost, (ii) service capabilities of the vendor, and (iii)
21    the compensation (including premiums, fees, or other
22    charges). A vendor for the administration of the workers'
23    compensation program for State employees shall provide
24    services, including, but not limited to:
25            (A) providing a web-based case management system
26        and provide access to the Office of the Attorney

 

 

10000SB0625sam001- 45 -LRB100 04131 SMS 22955 a

1        General;
2            (B) ensuring claims adjusters are available to
3        provide testimony or information as requested by the
4        Office of the Attorney General;
5            (C) establishing a preferred provider program for
6        all State agencies and facilities; and
7            (D) authorizing the payment of medical bills at the
8        preferred provider discount rate.
9        (10e) By September 15, 2012, the Department of Central
10    Management Services shall prepare a plan to effectuate the
11    transfer of responsibility and administration of the
12    workers' compensation program for State employees to the
13    selected private vendors. The Department shall submit a
14    copy of the plan to the General Assembly.
15        (11) Any plan for public liability self-insurance
16    implemented under this Section shall provide that (i) the
17    Department shall attempt to settle and may settle any
18    public liability claim filed against the State of Illinois
19    or any public liability claim filed against a State
20    employee on the basis of an occurrence in the course of the
21    employee's State employment; (ii) any settlement of such a
22    claim is not subject to fiscal year limitations and must be
23    approved by the Director and, in cases of settlements
24    exceeding $100,000, by the Governor; and (iii) a settlement
25    of any public liability claim against the State or a State
26    employee shall require an unqualified release of any right

 

 

10000SB0625sam001- 46 -LRB100 04131 SMS 22955 a

1    of action against the State and the employee for acts
2    within the scope of the employee's employment giving rise
3    to the claim.
4        Whenever and to the extent that a State employee
5    operates a motor vehicle or engages in other activity
6    covered by self-insurance under this Section, the State of
7    Illinois shall defend, indemnify, and hold harmless the
8    employee against any claim in tort filed against the
9    employee for acts or omissions within the scope of the
10    employee's employment in any proper judicial forum and not
11    settled pursuant to this subdivision (11), provided that
12    this obligation of the State of Illinois shall not exceed a
13    maximum liability of $2,000,000 for any single occurrence
14    in connection with the operation of a motor vehicle or
15    $100,000 per person per occurrence for any other single
16    occurrence, or $500,000 for any single occurrence in
17    connection with the provision of medical care by a licensed
18    physician, advanced practice registered nurse, or
19    physician assistant employee.
20        Any claims against the State of Illinois under a
21    self-insurance plan that are not settled pursuant to this
22    subdivision (11) shall be heard and determined by the Court
23    of Claims and may not be filed or adjudicated in any other
24    forum. The Attorney General of the State of Illinois or the
25    Attorney General's designee shall be the attorney with
26    respect to all public liability self-insurance claims that

 

 

10000SB0625sam001- 47 -LRB100 04131 SMS 22955 a

1    are not settled pursuant to this subdivision (11) and
2    therefore result in litigation. The payment of any award of
3    the Court of Claims entered against the State relating to
4    any public liability self-insurance claim shall act as a
5    release against any State employee involved in the
6    occurrence.
7        (12) Administer a plan the purpose of which is to make
8    payments on final settlements or final judgments in
9    accordance with the State Employee Indemnification Act.
10    The plan shall be funded through appropriations from the
11    General Revenue Fund specifically designated for that
12    purpose, except that indemnification expenses for
13    employees of the Department of Transportation, the
14    Illinois State Police, and the Secretary of State shall be
15    paid from the Road Fund. The term "employee" as used in
16    this subdivision (12) has the same meaning as under
17    subsection (b) of Section 1 of the State Employee
18    Indemnification Act. Subject to sufficient appropriation,
19    the Director shall approve payment of any claim, without
20    regard to fiscal year limitations, presented to the
21    Director that is supported by a final settlement or final
22    judgment when the Attorney General and the chief officer of
23    the public body against whose employee the claim or cause
24    of action is asserted certify to the Director that the
25    claim is in accordance with the State Employee
26    Indemnification Act and that they approve of the payment.

 

 

10000SB0625sam001- 48 -LRB100 04131 SMS 22955 a

1    In no event shall an amount in excess of $150,000 be paid
2    from this plan to or for the benefit of any claimant.
3        (13) Administer a plan the purpose of which is to make
4    payments on final settlements or final judgments for
5    employee wage claims in situations where there was an
6    appropriation relevant to the wage claim, the fiscal year
7    and lapse period have expired, and sufficient funds were
8    available to pay the claim. The plan shall be funded
9    through appropriations from the General Revenue Fund
10    specifically designated for that purpose.
11        Subject to sufficient appropriation, the Director is
12    authorized to pay any wage claim presented to the Director
13    that is supported by a final settlement or final judgment
14    when the chief officer of the State agency employing the
15    claimant certifies to the Director that the claim is a
16    valid wage claim and that the fiscal year and lapse period
17    have expired. Payment for claims that are properly
18    submitted and certified as valid by the Director shall
19    include interest accrued at the rate of 7% per annum from
20    the forty-fifth day after the claims are received by the
21    Department or 45 days from the date on which the amount of
22    payment is agreed upon, whichever is later, until the date
23    the claims are submitted to the Comptroller for payment.
24    When the Attorney General has filed an appearance in any
25    proceeding concerning a wage claim settlement or judgment,
26    the Attorney General shall certify to the Director that the

 

 

10000SB0625sam001- 49 -LRB100 04131 SMS 22955 a

1    wage claim is valid before any payment is made. In no event
2    shall an amount in excess of $150,000 be paid from this
3    plan to or for the benefit of any claimant.
4        Nothing in Public Act 84-961 shall be construed to
5    affect in any manner the jurisdiction of the Court of
6    Claims concerning wage claims made against the State of
7    Illinois.
8        (14) Prepare and, in the discretion of the Director,
9    implement a program for self-insurance for official
10    fidelity and surety bonds for officers and employees as
11    authorized by the Official Bond Act.
12(Source: P.A. 99-581, eff. 1-1-17.)
 
13    Section 35. The Regional Integrated Behavioral Health
14Networks Act is amended by changing Section 20 as follows:
 
15    (20 ILCS 1340/20)
16    Sec. 20. Steering Committee and Networks.
17    (a) To achieve these goals, the Department of Human
18Services shall convene a Regional Integrated Behavioral Health
19Networks Steering Committee (hereinafter "Steering Committee")
20comprised of State agencies involved in the provision,
21regulation, or financing of health, mental health, substance
22abuse, rehabilitation, and other services. These include, but
23shall not be limited to, the following agencies:
24        (1) The Department of Healthcare and Family Services.

 

 

10000SB0625sam001- 50 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 51 -LRB100 04131 SMS 22955 a

1that advocates on behalf of persons with disabilities, an
2organization that advocates on behalf of persons who live in
3rural areas, an organization that advocates on behalf of
4persons who live in medically underserved areas; and others
5designated by the Steering Committee or the Networks. A member
6from each Network may choose a representative who may serve on
7the Steering Committee.
8(Source: P.A. 99-581, eff. 1-1-17.)
 
9    Section 40. The Mental Health and Developmental
10Disabilities Administrative Act is amended by changing
11Sections 5.1, 14, and 15.4 as follows:
 
12    (20 ILCS 1705/5.1)  (from Ch. 91 1/2, par. 100-5.1)
13    Sec. 5.1. The Department shall develop, by rule, the
14procedures and standards by which it shall approve medications
15for clinical use in its facilities. A list of those drugs
16approved pursuant to these procedures shall be distributed to
17all Department facilities.
18    Drugs not listed by the Department may not be administered
19in facilities under the jurisdiction of the Department,
20provided that an unlisted drug may be administered as part of
21research with the prior written consent of the Secretary
22specifying the nature of the permitted use and the physicians
23authorized to prescribe the drug. Drugs, as used in this
24Section, mean psychotropic and narcotic drugs.

 

 

10000SB0625sam001- 52 -LRB100 04131 SMS 22955 a

1    No physician, advanced practice registered nurse, or
2physician assistant in the Department shall sign a prescription
3in blank, nor permit blank prescription forms to circulate out
4of his possession or control.
5(Source: P.A. 99-581, eff. 1-1-17.)
 
6    (20 ILCS 1705/14)  (from Ch. 91 1/2, par. 100-14)
7    Sec. 14. Chester Mental Health Center. To maintain and
8operate a facility for the care, custody, and treatment of
9persons with mental illness or habilitation of persons with
10developmental disabilities hereinafter designated, to be known
11as the Chester Mental Health Center.
12    Within the Chester Mental Health Center there shall be
13confined the following classes of persons, whose history, in
14the opinion of the Department, discloses dangerous or violent
15tendencies and who, upon examination under the direction of the
16Department, have been found a fit subject for confinement in
17that facility:
18        (a) Any male person who is charged with the commission
19    of a crime but has been acquitted by reason of insanity as
20    provided in Section 5-2-4 of the Unified Code of
21    Corrections.
22        (b) Any male person who is charged with the commission
23    of a crime but has been found unfit under Article 104 of
24    the Code of Criminal Procedure of 1963.
25        (c) Any male person with mental illness or

 

 

10000SB0625sam001- 53 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 54 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 55 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 56 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 57 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 58 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 59 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 60 -LRB100 04131 SMS 22955 a

1medication, and know the amount of medication to be taken each
2time.
3    "Training program" means a standardized medication
4administration training program approved by the Department of
5Human Services and conducted by a registered professional nurse
6for the purpose of training persons employed or under contract
7to provide direct care or treatment to individuals receiving
8services to administer medications and provide
9self-administration of medication training to individuals
10under the delegation and supervision of a nurse-trainer. The
11program incorporates adult learning styles, teaching
12strategies, classroom management, curriculum overview,
13including ethical-legal aspects, and standardized
14competency-based evaluations on administration of medications
15and self-administration of medication training programs.
16    (c) Training and authorization of non-licensed direct care
17staff by nurse-trainers must meet the requirements of this
18subsection.
19        (1) Prior to training non-licensed direct care staff to
20    administer medication, the nurse-trainer shall perform the
21    following for each individual to whom medication will be
22    administered by non-licensed direct care staff:
23            (A) An assessment of the individual's health
24        history and physical and mental status.
25            (B) An evaluation of the medications prescribed.
26        (2) Non-licensed authorized direct care staff shall

 

 

10000SB0625sam001- 61 -LRB100 04131 SMS 22955 a

1    meet the following criteria:
2            (A) Be 18 years of age or older.
3            (B) Have completed high school or have a high
4        school equivalency certificate.
5            (C) Have demonstrated functional literacy.
6            (D) Have satisfactorily completed the Health and
7        Safety component of a Department of Human Services
8        authorized direct care staff training program.
9            (E) Have successfully completed the training
10        program, pass the written portion of the comprehensive
11        exam, and score 100% on the competency-based
12        assessment specific to the individual and his or her
13        medications.
14            (F) Have received additional competency-based
15        assessment by the nurse-trainer as deemed necessary by
16        the nurse-trainer whenever a change of medication
17        occurs or a new individual that requires medication
18        administration enters the program.
19        (3) Authorized direct care staff shall be re-evaluated
20    by a nurse-trainer at least annually or more frequently at
21    the discretion of the registered professional nurse. Any
22    necessary retraining shall be to the extent that is
23    necessary to ensure competency of the authorized direct
24    care staff to administer medication.
25        (4) Authorization of direct care staff to administer
26    medication shall be revoked if, in the opinion of the

 

 

10000SB0625sam001- 62 -LRB100 04131 SMS 22955 a

1    registered professional nurse, the authorized direct care
2    staff is no longer competent to administer medication.
3        (5) The registered professional nurse shall assess an
4    individual's health status at least annually or more
5    frequently at the discretion of the registered
6    professional nurse.
7    (d) Medication self-administration shall meet the
8following requirements:
9        (1) As part of the normalization process, in order for
10    each individual to attain the highest possible level of
11    independent functioning, all individuals shall be
12    permitted to participate in their total health care
13    program. This program shall include, but not be limited to,
14    individual training in preventive health and
15    self-medication procedures.
16            (A) Every program shall adopt written policies and
17        procedures for assisting individuals in obtaining
18        preventative health and self-medication skills in
19        consultation with a registered professional nurse,
20        advanced practice registered nurse, physician
21        assistant, or physician licensed to practice medicine
22        in all its branches.
23            (B) Individuals shall be evaluated to determine
24        their ability to self-medicate by the nurse-trainer
25        through the use of the Department's required,
26        standardized screening and assessment instruments.

 

 

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1            (C) When the results of the screening and
2        assessment indicate an individual not to be capable to
3        self-administer his or her own medications, programs
4        shall be developed in consultation with the Community
5        Support Team or Interdisciplinary Team to provide
6        individuals with self-medication administration.
7        (2) Each individual shall be presumed to be competent
8    to self-administer medications if:
9            (A) authorized by an order of a physician licensed
10        to practice medicine in all its branches, an advanced
11        practice registered nurse, or a physician assistant;
12        and
13            (B) approved to self-administer medication by the
14        individual's Community Support Team or
15        Interdisciplinary Team, which includes a registered
16        professional nurse or an advanced practice registered
17        nurse.
18    (e) Quality Assurance.
19        (1) A registered professional nurse, advanced practice
20    registered nurse, licensed practical nurse, physician
21    licensed to practice medicine in all its branches,
22    physician assistant, or pharmacist shall review the
23    following for all individuals:
24            (A) Medication orders.
25            (B) Medication labels, including medications
26        listed on the medication administration record for

 

 

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1        persons who are not self-medicating to ensure the
2        labels match the orders issued by the physician
3        licensed to practice medicine in all its branches,
4        advanced practice registered nurse, or physician
5        assistant.
6            (C) Medication administration records for persons
7        who are not self-medicating to ensure that the records
8        are completed appropriately for:
9                (i) medication administered as prescribed;
10                (ii) refusal by the individual; and
11                (iii) full signatures provided for all
12            initials used.
13        (2) Reviews shall occur at least quarterly, but may be
14    done more frequently at the discretion of the registered
15    professional nurse or advanced practice registered nurse.
16        (3) A quality assurance review of medication errors and
17    data collection for the purpose of monitoring and
18    recommending corrective action shall be conducted within 7
19    days and included in the required annual review.
20    (f) Programs using authorized direct care staff to
21administer medications are responsible for documenting and
22maintaining records on the training that is completed.
23    (g) The absence of this training program constitutes a
24threat to the public interest, safety, and welfare and
25necessitates emergency rulemaking by the Departments of Human
26Services and Public Health under Section 5-45 of the Illinois

 

 

10000SB0625sam001- 65 -LRB100 04131 SMS 22955 a

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

 

 

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1all its branches, or physician assistant shall be on duty or on
2call at all times in any program covered by this Section.
3    (k) The employer shall be responsible for maintaining
4liability insurance for any program covered by this Section.
5    (l) Any direct care staff person who qualifies as
6authorized direct care staff pursuant to this Section shall be
7granted consideration for a one-time additional salary
8differential. The Department shall determine and provide the
9necessary funding for the differential in the base. This
10subsection (l) is inoperative on and after June 30, 2000.
11(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; 99-78,
12eff. 7-20-15; 99-143, eff. 7-27-15; 99-581, eff. 1-1-17.)
 
13    Section 45. The Department of Professional Regulation Law
14of the Civil Administrative Code of Illinois is amended by
15changing Section 2105-17 as follows:
 
16    (20 ILCS 2105/2105-17)
17    Sec. 2105-17. Volunteer licenses.
18    (a) For the purposes of this Section:
19    "Health care professional" means a physician licensed
20under the Medical Practice Act of 1987, a dentist licensed
21under the Illinois Dental Practice Act, an optometrist licensed
22under the Illinois Optometric Practice Act of 1987, a physician
23assistant licensed under the Physician Assistant Practice Act
24of 1987, and a nurse or advanced practice registered nurse

 

 

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1licensed under the Nurse Practice Act. The Department may
2expand this definition by rule.
3    "Volunteer practice" means the practice of a licensed
4health care professional for the benefit of an individual or
5the public and without compensation for the health care
6services provided.
7    (b) The Department may grant a volunteer license to a
8health care professional who:
9        (1) meets all requirements of the State licensing Act
10    that applies to his or her health care profession and the
11    rules adopted under the Act; and
12        (2) agrees to engage in the volunteer practice of his
13    or her health care profession in a free medical clinic, as
14    defined in the Good Samaritan Act, or in a public health
15    clinic, as defined in Section 6-101 of the Local
16    Governmental and Governmental Employees Tort Immunities
17    Act, and to not practice for compensation.
18    (c) A volunteer license shall be granted in accordance with
19the licensing Act that applies to the health care
20professional's given health care profession, and the licensure
21fee shall be set by rule in accordance with subsection (f).
22    (d) No health care professional shall hold a non-volunteer
23license in a health care profession and a volunteer license in
24that profession at the same time. In the event that the health
25care professional obtains a volunteer license in the profession
26for which he or she holds a non-volunteer license, that

 

 

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1non-volunteer license shall automatically be placed in
2inactive status. In the event that a health care professional
3obtains a non-volunteer license in the profession for which he
4or she holds a volunteer license, the volunteer license shall
5be placed in inactive status. Practicing on an expired
6volunteer license constitutes the unlicensed practice of the
7health care professional's profession.
8    (e) Nothing in this Section shall be construed to waive or
9modify any statute, rule, or regulation concerning the
10licensure or practice of any health care profession. A health
11care professional who holds a volunteer license shall be
12subject to all statutes, rules, and regulations governing his
13or her profession. The Department shall waive the licensure fee
14for the first 500 volunteer licenses issued and may by rule
15provide for a fee waiver or fee reduction that shall apply to
16all licenses issued after the initial 500.
17    (f) The Department shall determine by rule the total number
18of volunteer licenses to be issued. The Department shall file
19proposed rules implementing this Section within 6 months after
20the effective date of this amendatory Act of the 98th General
21Assembly.
22(Source: P.A. 98-659, eff. 6-23-14.)
 
23    Section 50. The Department of Public Health Act is amended
24by changing Sections 7 and 8.2 as follows:
 

 

 

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1    (20 ILCS 2305/7)  (from Ch. 111 1/2, par. 22.05)
2    Sec. 7. The Illinois Department of Public Health shall
3adopt rules requiring that upon death of a person who had or is
4suspected of having an infectious or communicable disease that
5could be transmitted through contact with the person's body or
6bodily fluids, the body shall be labeled "Infection Hazard", or
7with an equivalent term to inform persons having subsequent
8contact with the body, including any funeral director or
9embalmer, to take suitable precautions. Such rules shall
10require that the label shall be prominently displayed on and
11affixed to the outer wrapping or covering of the body if the
12body is wrapped or covered in any manner. Responsibility for
13such labeling shall lie with the attending physician, advanced
14practice registered nurse, or physician assistant who
15certifies death, or if the death occurs in a health care
16facility, with such staff member as may be designated by the
17administrator of the facility. The Department may adopt rules
18providing for the safe disposal of human remains. To the extent
19feasible without endangering the public's health, the
20Department shall respect and accommodate the religious beliefs
21of individuals in implementing this Section.
22(Source: P.A. 99-581, eff. 1-1-17.)
 
23    (20 ILCS 2305/8.2)
24    Sec. 8.2. Osteoporosis Prevention and Education Program.
25    (a) The Department of Public Health, utilizing available

 

 

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1federal funds, State funds appropriated for that purpose, or
2other available funding as provided for in this Section, shall
3establish, promote, and maintain an Osteoporosis Prevention
4and Education Program to promote public awareness of the causes
5of osteoporosis, options for prevention, the value of early
6detection, and possible treatments (including the benefits and
7risks of those treatments). The Department may accept, for that
8purpose, any special grant of money, services, or property from
9the federal government or any of its agencies or from any
10foundation, organization, or medical school.
11    (b) The program shall include the following:
12        (1) Development of a public education and outreach
13    campaign to promote osteoporosis prevention and education,
14    including, but not limited to, the following subjects:
15            (A) The cause and nature of the disease.
16            (B) Risk factors.
17            (C) The role of hysterectomy.
18            (D) Prevention of osteoporosis, including
19        nutrition, diet, and physical exercise.
20            (E) Diagnostic procedures and appropriate
21        indications for their use.
22            (F) Hormone replacement, including benefits and
23        risks.
24            (G) Environmental safety and injury prevention.
25            (H) Availability of osteoporosis diagnostic
26        treatment services in the community.

 

 

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1        (2) Development of educational materials to be made
2    available for consumers, particularly targeted to
3    high-risk groups, through local health departments, local
4    physicians, advanced practice registered nurses, or
5    physician assistants, other providers (including, but not
6    limited to, health maintenance organizations, hospitals,
7    and clinics), and women's organizations.
8        (3) Development of professional education programs for
9    health care providers to assist them in understanding
10    research findings and the subjects set forth in paragraph
11    (1).
12        (4) Development and maintenance of a list of current
13    providers of specialized services for the prevention and
14    treatment of osteoporosis. Dissemination of the list shall
15    be accompanied by a description of diagnostic procedures,
16    appropriate indications for their use, and a cautionary
17    statement about the current status of osteoporosis
18    research, prevention, and treatment. The statement shall
19    also indicate that the Department does not license,
20    certify, or in any other way approve osteoporosis programs
21    or centers in this State.
22    (c) The State Board of Health shall serve as an advisory
23board to the Department with specific respect to the prevention
24and education activities related to osteoporosis described in
25this Section. The State Board of Health shall assist the
26Department in implementing this Section.

 

 

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1(Source: P.A. 99-581, eff. 1-1-17.)
 
2    Section 55. The Department of Public Health Powers and
3Duties Law of the Civil Administrative Code of Illinois is
4amended by changing Sections 2310-145, 2310-397, 2310-410,
52310-600, 2310-677, and 2310-690 as follows:
 
6    (20 ILCS 2310/2310-145)
7    Sec. 2310-145. Registry of health care professionals. The
8Department of Public Health shall maintain a registry of all
9active-status health care professionals, including nurses,
10nurse practitioners, advanced practice registered nurses,
11physicians, physician assistants, psychologists, professional
12counselors, clinical professional counselors, and pharmacists.
13    The registry must consist of information shared between the
14Department of Public Health and the Department of Financial and
15Professional Regulation via a secure communication link. The
16registry must be updated on a quarterly basis.
17    The registry shall be accessed in the event of an act of
18bioterrorism or other public health emergency or for the
19planning for the possibility of such an event.
20(Source: P.A. 96-377, eff. 1-1-10.)
 
21    (20 ILCS 2310/2310-397)  (was 20 ILCS 2310/55.90)
22    Sec. 2310-397. Prostate and testicular cancer program.
23    (a) The Department, subject to appropriation or other

 

 

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1available funding, shall conduct a program to promote awareness
2and early detection of prostate and testicular cancer. The
3program may include, but need not be limited to:
4        (1) Dissemination of information regarding the
5    incidence of prostate and testicular cancer, the risk
6    factors associated with prostate and testicular cancer,
7    and the benefits of early detection and treatment.
8        (2) Promotion of information and counseling about
9    treatment options.
10        (3) Establishment and promotion of referral services
11    and screening programs.
12    Beginning July 1, 2004, the program must include the
13development and dissemination, through print and broadcast
14media, of public service announcements that publicize the
15importance of prostate cancer screening for men over age 40.
16    (b) Subject to appropriation or other available funding, a
17Prostate Cancer Screening Program shall be established in the
18Department of Public Health.
19        (1) The Program shall apply to the following persons
20    and entities:
21            (A) uninsured and underinsured men 50 years of age
22        and older;
23            (B) uninsured and underinsured men between 40 and
24        50 years of age who are at high risk for prostate
25        cancer, upon the advice of a physician, advanced
26        practice registered nurse, or physician assistant or

 

 

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1        upon the request of the patient; and
2            (C) non-profit organizations providing assistance
3        to persons described in subparagraphs (A) and (B).
4        (2) Any entity funded by the Program shall coordinate
5    with other local providers of prostate cancer screening,
6    diagnostic, follow-up, education, and advocacy services to
7    avoid duplication of effort. Any entity funded by the
8    Program shall comply with any applicable State and federal
9    standards regarding prostate cancer screening.
10        (3) Administrative costs of the Department shall not
11    exceed 10% of the funds allocated to the Program. Indirect
12    costs of the entities funded by this Program shall not
13    exceed 12%. The Department shall define "indirect costs" in
14    accordance with applicable State and federal law.
15        (4) Any entity funded by the Program shall collect data
16    and maintain records that are determined by the Department
17    to be necessary to facilitate the Department's ability to
18    monitor and evaluate the effectiveness of the entities and
19    the Program. Commencing with the Program's second year of
20    operation, the Department shall submit an Annual Report to
21    the General Assembly and the Governor. The report shall
22    describe the activities and effectiveness of the Program
23    and shall include, but not be limited to, the following
24    types of information regarding those served by the Program:
25            (A) the number; and
26            (B) the ethnic, geographic, and age breakdown.

 

 

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1        (5) The Department or any entity funded by the Program
2    shall collect personal and medical information necessary
3    to administer the Program from any individual applying for
4    services under the Program. The information shall be
5    confidential and shall not be disclosed other than for
6    purposes directly connected with the administration of the
7    Program or except as otherwise provided by law or pursuant
8    to prior written consent of the subject of the information.
9        (6) The Department or any entity funded by the program
10    may disclose the confidential information to medical
11    personnel and fiscal intermediaries of the State to the
12    extent necessary to administer the Program, and to other
13    State public health agencies or medical researchers if the
14    confidential information is necessary to carry out the
15    duties of those agencies or researchers in the
16    investigation, control, or surveillance of prostate
17    cancer.
18    (c) The Department shall adopt rules to implement the
19Prostate Cancer Screening Program in accordance with the
20Illinois Administrative Procedure Act.
21(Source: P.A. 98-87, eff. 1-1-14; 99-581, eff. 1-1-17.)
 
22    (20 ILCS 2310/2310-410)  (was 20 ILCS 2310/55.42)
23    Sec. 2310-410. Sickle cell disease. To conduct a public
24information campaign for physicians, advanced practice
25registered nurses, physician assistants, hospitals, health

 

 

10000SB0625sam001- 76 -LRB100 04131 SMS 22955 a

1facilities, public health departments, and the general public
2on sickle cell disease, methods of care, and treatment
3modalities available; to identify and catalogue sickle cell
4resources in this State for distribution and referral purposes;
5and to coordinate services with the established programs,
6including State, federal, and voluntary groups.
7(Source: P.A. 99-581, eff. 1-1-17.)
 
8    (20 ILCS 2310/2310-600)
9    Sec. 2310-600. Advance directive information.
10    (a) The Department of Public Health shall prepare and
11publish the summary of advance directives law, as required by
12the federal Patient Self-Determination Act, and related forms.
13Publication may be limited to the World Wide Web. The summary
14required under this subsection (a) must include the Department
15of Public Health Uniform POLST form.
16    (b) The Department of Public Health shall publish Spanish
17language versions of the following:
18        (1) The statutory Living Will Declaration form.
19        (2) The Illinois Statutory Short Form Power of Attorney
20    for Health Care.
21        (3) The statutory Declaration of Mental Health
22    Treatment Form.
23        (4) The summary of advance directives law in Illinois.
24        (5) The Department of Public Health Uniform POLST form.
25    Publication may be limited to the World Wide Web.

 

 

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1    (b-5) In consultation with a statewide professional
2organization representing physicians licensed to practice
3medicine in all its branches, statewide organizations
4representing physician assistants, advanced practice
5registered nurses, nursing homes, registered professional
6nurses, and emergency medical systems, and a statewide
7organization representing hospitals, the Department of Public
8Health shall develop and publish a uniform form for
9practitioner cardiopulmonary resuscitation (CPR) or
10life-sustaining treatment orders that may be utilized in all
11settings. The form shall meet the published minimum
12requirements to nationally be considered a practitioner orders
13for life-sustaining treatment form, or POLST, and may be
14referred to as the Department of Public Health Uniform POLST
15form. This form does not replace a physician's or other
16practitioner's authority to make a do-not-resuscitate (DNR)
17order.
18    (c) (Blank).
19    (d) The Department of Public Health shall publish the
20Department of Public Health Uniform POLST form reflecting the
21changes made by this amendatory Act of the 98th General
22Assembly no later than January 1, 2015.
23(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16;
2499-581, eff. 1-1-17.)
 
25    (20 ILCS 2310/2310-677)

 

 

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1    (Section scheduled to be repealed on June 30, 2019)
2    Sec. 2310-677. Neonatal Abstinence Syndrome Advisory
3Committee.
4    (a) As used in this Section:
5    "Department" means the Department of Public Health.
6    "Director" means the Director of Public Health.
7    "Neonatal Abstinence Syndrome" or "NAS" means various
8adverse conditions that occur in a newborn infant who was
9exposed to addictive or prescription drugs while in the
10mother's womb.
11    (b) There is created the Advisory Committee on Neonatal
12Abstinence Syndrome. The Advisory Committee shall consist of up
13to 10 members appointed by the Director of Public Health. The
14Director shall make the appointments within 90 days after the
15effective date of this amendatory Act of the 99th General
16Assembly. Members shall receive no compensation for their
17services. The members of the Advisory Committee shall represent
18different racial, ethnic, and geographic backgrounds and
19consist of:
20        (1) at least one member representing a statewide
21    association of hospitals;
22        (2) at least one member representing a statewide
23    organization of pediatricians;
24        (3) at least one member representing a statewide
25    organization of obstetricians;
26        (4) at least one member representing a statewide

 

 

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1    organization that advocates for the health of mothers and
2    infants;
3        (5) at least one member representing a statewide
4    organization of licensed physicians;
5        (6) at least one member who is a licensed practical
6    nurse, registered professional nurse, or advanced practice
7    registered nurse with expertise in the treatment of
8    newborns in neonatal intensive care units;
9        (7) at least one member representing a local or
10    regional public health agency; and
11        (8) at least one member with expertise in the treatment
12    of drug dependency and addiction.
13    (c) In addition to the membership in subsection (a) of this
14Section, the following persons or their designees shall serve
15as ex officio members of the Advisory Committee: the Director
16of Public Health, the Secretary of Human Services, the Director
17of Healthcare and Family Services, and the Director of Children
18and Family Services. The Director of Public Health, or his or
19her designee, shall serve as Chair of the Committee.
20    (d) The Advisory Committee shall meet at the call of the
21Chair. The Committee shall meet at least 3 times each year and
22its initial meeting shall take place within 120 days after the
23effective date of this Act. The Advisory Committee shall advise
24and assist the Department to:
25        (1) develop an appropriate standard clinical
26    definition of "NAS";

 

 

10000SB0625sam001- 80 -LRB100 04131 SMS 22955 a

1        (2) develop a uniform process of identifying NAS;
2        (3) develop protocols for training hospital personnel
3    in implementing an appropriate and uniform process for
4    identifying and treating NAS;
5        (4) identify and develop options for reporting NAS data
6    to the Department by using existing or new data reporting
7    options; and
8        (5) make recommendations to the Department on
9    evidence-based guidelines and programs to improve the
10    outcomes of pregnancies with respect to NAS.
11    (e) The Advisory Committee shall provide an annual report
12of its activities and recommendations to the Director, the
13General Assembly, and the Governor by March 31 of each year
14beginning in 2016. The final report of the Advisory Committee
15shall be submitted by March 31, 2019.
16    (f) This Section is repealed on June 30, 2019.
17(Source: P.A. 99-320, eff. 8-7-15.)
 
18    (20 ILCS 2310/2310-690)
19    Sec. 2310-690. Cytomegalovirus public education.
20    (a) In this Section:
21        "CMV" means cytomegalovirus.
22        "Health care professional and provider" means any
23    physician, advanced practice registered nurse, physician
24    assistant, hospital facility, or other person that is
25    licensed or otherwise authorized to deliver health care

 

 

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1    services.
2    (b) The Department shall develop or approve and publish
3informational materials for women who may become pregnant,
4expectant parents, and parents of infants regarding:
5        (1) the incidence of CMV;
6        (2) the transmission of CMV to pregnant women and women
7    who may become pregnant;
8        (3) birth defects caused by congenital CMV;
9        (4) methods of diagnosing congenital CMV; and
10        (5) available preventive measures to avoid the
11    infection of women who are pregnant or may become pregnant.
12    (c) The Department shall publish the information required
13under subsection (b) on its Internet website.
14    (d) The Department shall publish information to:
15        (1) educate women who may become pregnant, expectant
16    parents, and parents of infants about CMV; and
17        (2) raise awareness of CMV among health care
18    professionals and providers who provide care to expectant
19    mothers or infants.
20    (e) The Department may solicit and accept the assistance of
21any relevant health care professional associations or
22community resources, including faith-based resources, to
23promote education about CMV under this Section.
24    (f) If a newborn infant fails the 2 initial hearing
25screenings in the hospital, then the hospital performing that
26screening shall provide to the parents of the newborn infant

 

 

10000SB0625sam001- 82 -LRB100 04131 SMS 22955 a

1information regarding: (i) birth defects caused by congenital
2CMV; (ii) testing opportunities and options for CMV, including
3the opportunity to test for CMV before leaving the hospital;
4and (iii) early intervention services. Health care
5professionals and providers may, but are not required to, use
6the materials developed by the Department for distribution to
7parents of newborn infants.
8(Source: P.A. 99-424, eff. 1-1-16; 99-581, eff. 1-1-17; 99-642,
9eff. 7-28-26.)
 
10    Section 60. The Community Health Worker Advisory Board Act
11is amended by changing Section 10 as follows:
 
12    (20 ILCS 2335/10)
13    Sec. 10. Advisory Board.
14    (a) There is created the Advisory Board on Community Health
15Workers. The Board shall consist of 16 members appointed by the
16Director of Public Health. The Director shall make the
17appointments to the Board within 90 days after the effective
18date of this Act. The members of the Board shall represent
19different racial and ethnic backgrounds and have the
20qualifications as follows:
21        (1) four members who currently serve as community
22    health workers in Cook County, one of whom shall have
23    served as a health insurance marketplace navigator;
24        (2) two members who currently serve as community health

 

 

10000SB0625sam001- 83 -LRB100 04131 SMS 22955 a

1    workers in DuPage, Kane, Lake, or Will County;
2        (3) one member who currently serves as a community
3    health worker in Bond, Calhoun, Clinton, Jersey, Macoupin,
4    Madison, Monroe, Montgomery, Randolph, St. Clair, or
5    Washington County;
6        (4) one member who currently serves as a community
7    health worker in any other county in the State;
8        (5) one member who is a physician licensed to practice
9    medicine in Illinois;
10        (6) one member who is a physician assistant;
11        (7) one member who is a licensed nurse or advanced
12    practice registered nurse;
13        (8) one member who is a licensed social worker,
14    counselor, or psychologist;
15        (9) one member who currently employs community health
16    workers;
17        (10) one member who is a health policy advisor with
18    experience in health workforce policy;
19        (11) one member who is a public health professional
20    with experience with community health policy; and
21        (12) one representative of a community college,
22    university, or educational institution that provides
23    training to community health workers.
24    (b) In addition, the following persons or their designees
25shall serve as ex officio, non-voting members of the Board: the
26Executive Director of the Illinois Community College Board, the

 

 

10000SB0625sam001- 84 -LRB100 04131 SMS 22955 a

1Director of Children and Family Services, the Director of
2Aging, the Director of Public Health, the Director of
3Employment Security, the Director of Commerce and Economic
4Opportunity, the Secretary of Financial and Professional
5Regulation, the Director of Healthcare and Family Services, and
6the Secretary of Human Services.
7    (c) The voting members of the Board shall select a
8chairperson from the voting members of the Board. The Board
9shall consult with additional experts as needed. Members of the
10Board shall serve without compensation. The Department shall
11provide administrative and staff support to the Board. The
12meetings of the Board are subject to the provisions of the Open
13Meetings Act.
14    (d) The Board shall consider the core competencies of a
15community health worker, including skills and areas of
16knowledge that are essential to bringing about expanded health
17and wellness in diverse communities and reducing health
18disparities. As relating to members of communities and health
19teams, the core competencies for effective community health
20workers may include, but are not limited to:
21        (1) outreach methods and strategies;
22        (2) client and community assessment;
23        (3) effective community-based and participatory
24    methods, including research;
25        (4) culturally competent communication and care;
26        (5) health education for behavior change;

 

 

10000SB0625sam001- 85 -LRB100 04131 SMS 22955 a

1        (6) support, advocacy, and health system navigation
2    for clients;
3        (7) application of public health concepts and
4    approaches;
5        (8) individual and community capacity building and
6    mobilization; and
7        (9) writing, oral, technical, and communication
8    skills.
9(Source: P.A. 98-796, eff. 7-31-14; 99-581, eff. 1-1-17.)
 
10    Section 65. The Illinois Housing Development Act is amended
11by changing Section 7.30 as follows:
 
12    (20 ILCS 3805/7.30)
13    Sec. 7.30. Foreclosure Prevention Program.
14    (a) The Authority shall establish and administer a
15Foreclosure Prevention Program. The Authority shall use moneys
16in the Foreclosure Prevention Program Fund, and any other funds
17appropriated for this purpose, to make grants to (i) approved
18counseling agencies for approved housing counseling and (ii)
19approved community-based organizations for approved
20foreclosure prevention outreach programs. The Authority shall
21promulgate rules to implement this Program and may adopt
22emergency rules as soon as practicable to begin implementation
23of the Program.
24    (b) Subject to appropriation and the annual receipt of

 

 

10000SB0625sam001- 86 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 87 -LRB100 04131 SMS 22955 a

1    (b-1) Subject to appropriation and the annual receipt of
2funds, the Authority shall make grants from the Foreclosure
3Prevention Program Graduated Fund derived from fees paid as
4specified in paragraph (1) of subsection (a-5) of Section
515-1504.1 of the Code of Civil Procedure, as follows:
6        (1) 30% shall be used to make grants for approved
7    housing counseling in Cook County outside of the City of
8    Chicago;
9        (2) 25% shall be used to make grants for approved
10    housing counseling in the City of Chicago;
11        (3) 30% shall be used to make grants for approved
12    housing counseling in DuPage, Kane, Lake, McHenry, and Will
13    Counties; and
14        (4) 15% shall be used to make grants for approved
15    housing counseling in Illinois in counties other than Cook,
16    DuPage, Kane, Lake, McHenry, and Will Counties provided
17    that grants to provide approved housing counseling to
18    borrowers residing within these counties shall be based, to
19    the extent practicable, (i) proportionately on the amount
20    of fees paid to the respective clerks of the courts within
21    these counties and (ii) on any other factors that the
22    Authority deems appropriate.
23    The percentages set forth in this subsection (b-1) shall be
24calculated after deduction of reimbursable administrative
25expenses incurred by the Authority, but shall not be greater
26than 4% of the annual appropriated amount.

 

 

10000SB0625sam001- 88 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 89 -LRB100 04131 SMS 22955 a

1confined to his or her home due to a medical condition, as
2verified in writing by a physician, advanced practice
3registered nurse, or physician assistant, or the borrower
4resides 50 miles or more from the nearest approved counseling
5agency. In instances of telephone counseling, the borrower must
6supply all necessary documents to the counselor at least 72
7hours prior to the scheduled telephone counseling session.
8    (c) (Blank).
9    (c-5) Where the jurisdiction of an approved counseling
10agency is included within more than one of the geographic areas
11set forth in this Section, the Authority may elect to fully
12fund the applicant from one of the relevant geographic areas.
13(Source: P.A. 98-20, eff. 6-11-13; 99-581, eff. 1-1-17.)
 
14    Section 70. The Property Tax Code is amended by changing
15Sections 15-168 and 15-172 as follows:
 
16    (35 ILCS 200/15-168)
17    Sec. 15-168. Homestead exemption for persons with
18disabilities.
19    (a) Beginning with taxable year 2007, an annual homestead
20exemption is granted to persons with disabilities in the amount
21of $2,000, except as provided in subsection (c), to be deducted
22from the property's value as equalized or assessed by the
23Department of Revenue. The person with a disability shall
24receive the homestead exemption upon meeting the following

 

 

10000SB0625sam001- 90 -LRB100 04131 SMS 22955 a

1requirements:
2        (1) The property must be occupied as the primary
3    residence by the person with a disability.
4        (2) The person with a disability must be liable for
5    paying the real estate taxes on the property.
6        (3) The person with a disability must be an owner of
7    record of the property or have a legal or equitable
8    interest in the property as evidenced by a written
9    instrument. In the case of a leasehold interest in
10    property, the lease must be for a single family residence.
11    A person who has a disability during the taxable year is
12eligible to apply for this homestead exemption during that
13taxable year. Application must be made during the application
14period in effect for the county of residence. If a homestead
15exemption has been granted under this Section and the person
16awarded the exemption subsequently becomes a resident of a
17facility licensed under the Nursing Home Care Act, the
18Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
19Community Care Act, or the MC/DD Act, then the exemption shall
20continue (i) so long as the residence continues to be occupied
21by the qualifying person's spouse or (ii) if the residence
22remains unoccupied but is still owned by the person qualified
23for the homestead exemption.
24    (b) For the purposes of this Section, "person with a
25disability" means a person unable to engage in any substantial
26gainful activity by reason of a medically determinable physical

 

 

10000SB0625sam001- 91 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 92 -LRB100 04131 SMS 22955 a

1value of the property, as equalized or assessed by the
2Department, shall be multiplied by the number of apartments or
3units occupied by a person with a disability. The person with a
4disability shall receive the homestead exemption upon meeting
5the following requirements:
6        (1) The property must be occupied as the primary
7    residence by the person with a disability.
8        (2) The person with a disability must be liable by
9    contract with the owner or owners of record for paying the
10    apportioned property taxes on the property of the
11    cooperative or life care facility. In the case of a life
12    care facility, the person with a disability must be liable
13    for paying the apportioned property taxes under a life care
14    contract as defined in Section 2 of the Life Care
15    Facilities Act.
16        (3) The person with a disability must be an owner of
17    record of a legal or equitable interest in the cooperative
18    apartment building. A leasehold interest does not meet this
19    requirement.
20If a homestead exemption is granted under this subsection, the
21cooperative association or management firm shall credit the
22savings resulting from the exemption to the apportioned tax
23liability of the qualifying person with a disability. The chief
24county assessment officer may request reasonable proof that the
25association or firm has properly credited the exemption. A
26person who willfully refuses to credit an exemption to the

 

 

10000SB0625sam001- 93 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 94 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 95 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 96 -LRB100 04131 SMS 22955 a

1    "Household" means the applicant, the spouse of the
2applicant, and all persons using the residence of the applicant
3as their principal place of residence.
4    "Household income" means the combined income of the members
5of a household for the calendar year preceding the taxable
6year.
7    "Income" has the same meaning as provided in Section 3.07
8of the Senior Citizens and Persons with Disabilities Property
9Tax Relief Act, except that, beginning in assessment year 2001,
10"income" does not include veteran's benefits.
11    "Internal Revenue Code of 1986" means the United States
12Internal Revenue Code of 1986 or any successor law or laws
13relating to federal income taxes in effect for the year
14preceding the taxable year.
15    "Life care facility that qualifies as a cooperative" means
16a facility as defined in Section 2 of the Life Care Facilities
17Act.
18    "Maximum income limitation" means:
19        (1) $35,000 prior to taxable year 1999;
20        (2) $40,000 in taxable years 1999 through 2003;
21        (3) $45,000 in taxable years 2004 through 2005;
22        (4) $50,000 in taxable years 2006 and 2007; and
23        (5) $55,000 in taxable year 2008 and thereafter.
24    "Residence" means the principal dwelling place and
25appurtenant structures used for residential purposes in this
26State occupied on January 1 of the taxable year by a household

 

 

10000SB0625sam001- 97 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 98 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 99 -LRB100 04131 SMS 22955 a

1        (4) For an applicant who has a household income
2    exceeding $47,500 but not exceeding $48,750, the amount of
3    the exemption is (i) the equalized assessed value of the
4    residence in the taxable year for which application is made
5    minus the base amount (ii) multiplied by 0.4.
6        (5) For an applicant who has a household income
7    exceeding $48,750 but not exceeding $50,000, the amount of
8    the exemption is (i) the equalized assessed value of the
9    residence in the taxable year for which application is made
10    minus the base amount (ii) multiplied by 0.2.
11    When the applicant is a surviving spouse of an applicant
12for a prior year for the same residence for which an exemption
13under this Section has been granted, the base year and base
14amount for that residence are the same as for the applicant for
15the prior year.
16    Each year at the time the assessment books are certified to
17the County Clerk, the Board of Review or Board of Appeals shall
18give to the County Clerk a list of the assessed values of
19improvements on each parcel qualifying for this exemption that
20were added after the base year for this parcel and that
21increased the assessed value of the property.
22    In the case of land improved with an apartment building
23owned and operated as a cooperative or a building that is a
24life care facility that qualifies as a cooperative, the maximum
25reduction from the equalized assessed value of the property is
26limited to the sum of the reductions calculated for each unit

 

 

10000SB0625sam001- 100 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 101 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 102 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 103 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 104 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 105 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 106 -LRB100 04131 SMS 22955 a

1way that information contained in any individual claim shall
2not be disclosed.
3    (d) Each Chief County Assessment Officer shall annually
4publish a notice of availability of the exemption provided
5under this Section. The notice shall be published at least 60
6days but no more than 75 days prior to the date on which the
7application must be submitted to the Chief County Assessment
8Officer of the county in which the property is located. The
9notice shall appear in a newspaper of general circulation in
10the county.
11    Notwithstanding Sections 6 and 8 of the State Mandates Act,
12no reimbursement by the State is required for the
13implementation of any mandate created by this Section.
14(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
1599-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.
167-28-16.)
 
17    Section 75. The Counties Code is amended by changing
18Sections 3-14049, 3-15003.6, and 5-1069 as follows:
 
19    (55 ILCS 5/3-14049)  (from Ch. 34, par. 3-14049)
20    Sec. 3-14049. Appointment of physicians and nurses for the
21poor and mentally ill persons. The appointment, employment and
22removal by the Board of Commissioners of Cook County of all
23physicians and surgeons, advanced practice registered nurses,
24physician assistants, and nurses for the care and treatment of

 

 

10000SB0625sam001- 107 -LRB100 04131 SMS 22955 a

1the sick, poor, mentally ill or persons in need of mental
2treatment of said county shall be made only in conformity with
3rules prescribed by the County Civil Service Commission to
4accomplish the purposes of this Section.
5    The Board of Commissioners of Cook County may provide that
6all such physicians and surgeons who serve without compensation
7shall be appointed for a term to be fixed by the Board, and
8that the physicians and surgeons usually designated and known
9as interns shall be appointed for a term to be fixed by the
10Board: Provided, that there may also, at the discretion of the
11board, be a consulting staff of physicians and surgeons, which
12staff may be appointed by the president, subject to the
13approval of the board, and provided further, that the Board may
14contract with any recognized training school or any program for
15health professionals for health care services of any or all of
16such sick or mentally ill or persons in need of mental
17treatment.
18(Source: P.A. 99-581, eff. 1-1-17.)
 
19    (55 ILCS 5/3-15003.6)
20    Sec. 3-15003.6. Pregnant female prisoners.
21    (a) Definitions. For the purpose of this Section:
22        (1) "Restraints" means any physical restraint or
23    mechanical device used to control the movement of a
24    prisoner's body or limbs, or both, including, but not
25    limited to, flex cuffs, soft restraints, hard metal

 

 

10000SB0625sam001- 108 -LRB100 04131 SMS 22955 a

1    handcuffs, a black box, Chubb cuffs, leg irons, belly
2    chains, a security (tether) chain, or a convex shield, or
3    shackles of any kind.
4        (2) "Labor" means the period of time before a birth and
5    shall include any medical condition in which a woman is
6    sent or brought to the hospital for the purpose of
7    delivering her baby. These situations include: induction
8    of labor, prodromal labor, pre-term labor, prelabor
9    rupture of membranes, the 3 stages of active labor, uterine
10    hemorrhage during the third trimester of pregnancy, and
11    caesarian delivery including pre-operative preparation.
12        (3) "Post-partum" means, as determined by her
13    physician, advanced practice registered nurse, or
14    physician assistant, the period immediately following
15    delivery, including the entire period a woman is in the
16    hospital or infirmary after birth.
17        (4) "Correctional institution" means any entity under
18    the authority of a county law enforcement division of a
19    county of more than 3,000,000 inhabitants that has the
20    power to detain or restrain, or both, a person under the
21    laws of the State.
22        (5) "Corrections official" means the official that is
23    responsible for oversight of a correctional institution,
24    or his or her designee.
25        (6) "Prisoner" means any person incarcerated or
26    detained in any facility who is accused of, convicted of,

 

 

10000SB0625sam001- 109 -LRB100 04131 SMS 22955 a

1    sentenced for, or adjudicated delinquent for, violations
2    of criminal law or the terms and conditions of parole,
3    probation, pretrial release, or diversionary program, and
4    any person detained under the immigration laws of the
5    United States at any correctional facility.
6        (7) "Extraordinary circumstance" means an
7    extraordinary medical or security circumstance, including
8    a substantial flight risk, that dictates restraints be used
9    to ensure the safety and security of the prisoner, the
10    staff of the correctional institution or medical facility,
11    other prisoners, or the public.
12    (b) A county department of corrections shall not apply
13security restraints to a prisoner that has been determined by a
14qualified medical professional to be pregnant and is known by
15the county department of corrections to be pregnant or in
16postpartum recovery, which is the entire period a woman is in
17the medical facility after birth, unless the corrections
18official makes an individualized determination that the
19prisoner presents a substantial flight risk or some other
20extraordinary circumstance that dictates security restraints
21be used to ensure the safety and security of the prisoner, her
22child or unborn child, the staff of the county department of
23corrections or medical facility, other prisoners, or the
24public. The protections set out in clauses (b)(3) and (b)(4) of
25this Section shall apply to security restraints used pursuant
26to this subsection. The corrections official shall immediately

 

 

10000SB0625sam001- 110 -LRB100 04131 SMS 22955 a

1remove all restraints upon the written or oral request of
2medical personnel. Oral requests made by medical personnel
3shall be verified in writing as promptly as reasonably
4possible.
5        (1) Qualified authorized health staff shall have the
6    authority to order therapeutic restraints for a pregnant or
7    postpartum prisoner who is a danger to herself, her child,
8    unborn child, or other persons due to a psychiatric or
9    medical disorder. Therapeutic restraints may only be
10    initiated, monitored and discontinued by qualified and
11    authorized health staff and used to safely limit a
12    prisoner's mobility for psychiatric or medical reasons. No
13    order for therapeutic restraints shall be written unless
14    medical or mental health personnel, after personally
15    observing and examining the prisoner, are clinically
16    satisfied that the use of therapeutic restraints is
17    justified and permitted in accordance with hospital
18    policies and applicable State law. Metal handcuffs or
19    shackles are not considered therapeutic restraints.
20        (2) Whenever therapeutic restraints are used by
21    medical personnel, Section 2-108 of the Mental Health and
22    Developmental Disabilities Code shall apply.
23        (3) Leg irons, shackles or waist shackles shall not be
24    used on any pregnant or postpartum prisoner regardless of
25    security classification. Except for therapeutic restraints
26    under clause (b)(2), no restraints of any kind may be

 

 

10000SB0625sam001- 111 -LRB100 04131 SMS 22955 a

1    applied to prisoners during labor.
2        (4) When a pregnant or postpartum prisoner must be
3    restrained, restraints used shall be the least restrictive
4    restraints possible to ensure the safety and security of
5    the prisoner, her child, unborn child, the staff of the
6    county department of corrections or medical facility,
7    other prisoners, or the public, and in no case shall
8    include leg irons, shackles or waist shackles.
9        (5) Upon the pregnant prisoner's entry into a hospital
10    room, and completion of initial room inspection, a
11    corrections official shall be posted immediately outside
12    the hospital room, unless requested to be in the room by
13    medical personnel attending to the prisoner's medical
14    needs.
15        (6) The county department of corrections shall provide
16    adequate corrections personnel to monitor the pregnant
17    prisoner during her transport to and from the hospital and
18    during her stay at the hospital.
19        (7) Where the county department of corrections
20    requires prisoner safety assessments, a corrections
21    official may enter the hospital room to conduct periodic
22    prisoner safety assessments, except during a medical
23    examination or the delivery process.
24        (8) Upon discharge from a medical facility, postpartum
25    prisoners shall be restrained only with handcuffs in front
26    of the body during transport to the county department of

 

 

10000SB0625sam001- 112 -LRB100 04131 SMS 22955 a

1    corrections. A corrections official shall immediately
2    remove all security restraints upon written or oral request
3    by medical personnel. Oral requests made by medical
4    personnel shall be verified in writing as promptly as
5    reasonably possible.
6    (c) Enforcement. No later than 30 days before the end of
7each fiscal year, the county sheriff or corrections official of
8the correctional institution where a pregnant prisoner has been
9restrained during that previous fiscal year, shall submit a
10written report to the Illinois General Assembly and the Office
11of the Governor that includes an account of every instance of
12prisoner restraint pursuant to this Section. The written report
13shall state the date, time, location and rationale for each
14instance in which restraints are used. The written report shall
15not contain any individually identifying information of any
16prisoner. Such reports shall be made available for public
17inspection.
18(Source: P.A. 99-581, eff. 1-1-17.)
 
19    (55 ILCS 5/5-1069)  (from Ch. 34, par. 5-1069)
20    Sec. 5-1069. Group life, health, accident, hospital, and
21medical insurance.
22    (a) The county board of any county may arrange to provide,
23for the benefit of employees of the county, group life, health,
24accident, hospital, and medical insurance, or any one or any
25combination of those types of insurance, or the county board

 

 

10000SB0625sam001- 113 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 114 -LRB100 04131 SMS 22955 a

1this Section only if it provides for self-insurance or, where
2it makes arrangements to provide group insurance through an
3insurance carrier, if the kinds of group insurance are obtained
4from an insurance company authorized to do business in the
5State of Illinois. The county board may enact an ordinance
6prescribing the method of operation of the insurance program.
7    (d) If a county, including a home rule county, is a
8self-insurer for purposes of providing health insurance
9coverage for its employees, the insurance coverage shall
10include screening by low-dose mammography for all women 35
11years of age or older for the presence of occult breast cancer
12unless the county elects to provide mammograms itself under
13Section 5-1069.1. The coverage shall be as follows:
14         (1) A baseline mammogram for women 35 to 39 years of
15    age.
16         (2) An annual mammogram for women 40 years of age or
17    older.
18         (3) A mammogram at the age and intervals considered
19    medically necessary by the woman's health care provider for
20    women under 40 years of age and having a family history of
21    breast cancer, prior personal history of breast cancer,
22    positive genetic testing, or other risk factors.
23        (4) A comprehensive ultrasound screening of an entire
24    breast or breasts if a mammogram demonstrates
25    heterogeneous or dense breast tissue, when medically
26    necessary as determined by a physician licensed to practice

 

 

10000SB0625sam001- 115 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 116 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 117 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 118 -LRB100 04131 SMS 22955 a

1(Source: P.A. 99-581, eff. 1-1-17.)
 
2    Section 80. The Illinois Municipal Code is amended by
3changing Sections 10-1-38.1 and 10-2.1-18 as follows:
 
4    (65 ILCS 5/10-1-38.1)  (from Ch. 24, par. 10-1-38.1)
5    Sec. 10-1-38.1. When the force of the Fire Department or of
6the Police Department is reduced, and positions displaced or
7abolished, seniority shall prevail, and the officers and
8members so reduced in rank, or removed from the service of the
9Fire Department or of the Police Department shall be considered
10furloughed without pay from the positions from which they were
11reduced or removed.
12    Such reductions and removals shall be in strict compliance
13with seniority and in no event shall any officer or member be
14reduced more than one rank in a reduction of force. Officers
15and members with the least seniority in the position to be
16reduced shall be reduced to the next lower rated position. For
17purposes of determining which officers and members will be
18reduced in rank, seniority shall be determined by adding the
19time spent at the rank or position from which the officer or
20member is to be reduced and the time spent at any higher rank
21or position in the Department. For purposes of determining
22which officers or members in the lowest rank or position shall
23be removed from the Department in the event of a layoff, length
24of service in the Department shall be the basis for determining

 

 

10000SB0625sam001- 119 -LRB100 04131 SMS 22955 a

1seniority, with the least senior such officer or member being
2the first so removed and laid off. Such officers or members
3laid off shall have their names placed on an appropriate
4reemployment list in the reverse order of dates of layoff.
5    If any positions which have been vacated because of
6reduction in forces or displacement and abolition of positions,
7are reinstated, such members and officers of the Fire
8Department or of the Police Department as are furloughed from
9the said positions shall be notified by registered mail of such
10reinstatement of positions and shall have prior right to such
11positions if otherwise qualified, and in all cases seniority
12shall prevail. Written application for such reinstated
13position must be made by the furloughed person within 30 days
14after notification as above provided and such person may be
15required to submit to examination by physicians, advanced
16practice registered nurses, or physician assistants of both the
17commission and the appropriate pension board to determine his
18physical fitness.
19(Source: P.A. 99-581, eff. 1-1-17.)
 
20    (65 ILCS 5/10-2.1-18)  (from Ch. 24, par. 10-2.1-18)
21    Sec. 10-2.1-18. Fire or police departments - Reduction of
22force - Reinstatement. When the force of the fire department or
23of the police department is reduced, and positions displaced or
24abolished, seniority shall prevail and the officers and members
25so reduced in rank, or removed from the service of the fire

 

 

10000SB0625sam001- 120 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 121 -LRB100 04131 SMS 22955 a

1right to such positions if otherwise qualified, and in all
2cases seniority shall prevail. Written application for such
3reinstated position must be made by the furloughed person
4within 30 days after notification as above provided and such
5person may be required to submit to examination by physicians,
6advanced practice registered nurses, or physician assistants
7of both the board of fire and police commissioners and the
8appropriate pension board to determine his physical fitness.
9(Source: P.A. 99-581, eff. 1-1-17.)
 
10    Section 85. The School Code is amended by changing Sections
1122-30, 22-80, 24-5, 24-6, 26-1, and 27-8.1 as follows:
 
12    (105 ILCS 5/22-30)
13    Sec. 22-30. Self-administration and self-carry of asthma
14medication and epinephrine auto-injectors; administration of
15undesignated epinephrine auto-injectors; administration of an
16opioid antagonist; asthma episode emergency response protocol.
17    (a) For the purpose of this Section only, the following
18terms shall have the meanings set forth below:
19    "Asthma action plan" means a written plan developed with a
20pupil's medical provider to help control the pupil's asthma.
21The goal of an asthma action plan is to reduce or prevent
22flare-ups and emergency department visits through day-to-day
23management and to serve as a student-specific document to be
24referenced in the event of an asthma episode.

 

 

10000SB0625sam001- 122 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 123 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 124 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 125 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 126 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 127 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 128 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 129 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 130 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 131 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 132 -LRB100 04131 SMS 22955 a

1anaphylaxis, including the administration of an undesignated
2epinephrine auto-injector, may be conducted online or in
3person.
4    Training shall include, but is not limited to:
5        (1) how to recognize signs and symptoms of an allergic
6    reaction, including anaphylaxis;
7        (2) how to administer an epinephrine auto-injector;
8    and
9        (3) a test demonstrating competency of the knowledge
10    required to recognize anaphylaxis and administer an
11    epinephrine auto-injector.
12    Training may also include, but is not limited to:
13        (A) a review of high-risk areas within a school and its
14    related facilities;
15        (B) steps to take to prevent exposure to allergens;
16        (C) emergency follow-up procedures;
17        (D) how to respond to a student with a known allergy,
18    as well as a student with a previously unknown allergy; and
19        (E) other criteria as determined in rules adopted
20    pursuant to this Section.
21    In consultation with statewide professional organizations
22representing physicians licensed to practice medicine in all of
23its branches, registered nurses, and school nurses, the State
24Board of Education shall make available resource materials
25consistent with criteria in this subsection (h) for educating
26trained personnel to recognize and respond to anaphylaxis. The

 

 

10000SB0625sam001- 133 -LRB100 04131 SMS 22955 a

1State Board may take into consideration the curriculum on this
2subject developed by other states, as well as any other
3curricular materials suggested by medical experts and other
4groups that work on life-threatening allergy issues. The State
5Board is not required to create new resource materials. The
6State Board shall make these resource materials available on
7its Internet website.
8    (h-5) A training curriculum to recognize and respond to an
9opioid overdose, including the administration of an opioid
10antagonist, may be conducted online or in person. The training
11must comply with any training requirements under Section 5-23
12of the Alcoholism and Other Drug Abuse and Dependency Act and
13the corresponding rules. It must include, but is not limited
14to:
15        (1) how to recognize symptoms of an opioid overdose;
16        (2) information on drug overdose prevention and
17    recognition;
18        (3) how to perform rescue breathing and resuscitation;
19        (4) how to respond to an emergency involving an opioid
20    overdose;
21        (5) opioid antagonist dosage and administration;
22        (6) the importance of calling 911;
23        (7) care for the overdose victim after administration
24    of the overdose antagonist;
25        (8) a test demonstrating competency of the knowledge
26    required to recognize an opioid overdose and administer a

 

 

10000SB0625sam001- 134 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 135 -LRB100 04131 SMS 22955 a

1prescribed by the State Board. The report must include the
2number of undesignated epinephrine auto-injectors in supply.
3    (i-5) Within 3 days after the administration of an opioid
4antagonist by a school nurse or trained personnel, the school
5must report to the State Board of Education, in a form and
6manner prescribed by the State Board, the following
7information:
8        (1) the age and type of person receiving the opioid
9    antagonist (student, staff, or visitor);
10        (2) the location where symptoms developed;
11        (3) the type of person administering the opioid
12    antagonist (school nurse or trained personnel); and
13        (4) any other information required by the State Board.
14    (j) By October 1, 2015 and every year thereafter, the State
15Board of Education shall submit a report to the General
16Assembly identifying the frequency and circumstances of
17epinephrine administration during the preceding academic year.
18Beginning with the 2017 report, the report shall also contain
19information on which school districts, public schools, and
20nonpublic schools maintain or have independent contractors
21providing transportation to students who maintain a supply of
22undesignated epinephrine auto-injectors. This report shall be
23published on the State Board's Internet website on the date the
24report is delivered to the General Assembly.
25    (j-5) Annually, each school district, public school,
26charter school, or nonpublic school shall request an asthma

 

 

10000SB0625sam001- 136 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 137 -LRB100 04131 SMS 22955 a

1    (j-20) On or before October 1, 2016 and every year
2thereafter, the State Board of Education shall submit a report
3to the General Assembly and the Department of Public Health
4identifying the frequency and circumstances of opioid
5antagonist administration during the preceding academic year.
6This report shall be published on the State Board's Internet
7website on the date the report is delivered to the General
8Assembly.
9    (k) The State Board of Education may adopt rules necessary
10to implement this Section.
11    (l) Nothing in this Section shall limit the amount of
12epinephrine auto-injectors that any type of school or student
13may carry or maintain a supply of.
14(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
1599-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;
1699-843, eff. 8-19-16; revised 9-8-16.)
 
17    (105 ILCS 5/22-80)
18    Sec. 22-80. Student athletes; concussions and head
19injuries.
20    (a) The General Assembly recognizes all of the following:
21        (1) Concussions are one of the most commonly reported
22    injuries in children and adolescents who participate in
23    sports and recreational activities. The Centers for
24    Disease Control and Prevention estimates that as many as
25    3,900,000 sports-related and recreation-related

 

 

10000SB0625sam001- 138 -LRB100 04131 SMS 22955 a

1    concussions occur in the United States each year. A
2    concussion is caused by a blow or motion to the head or
3    body that causes the brain to move rapidly inside the
4    skull. The risk of catastrophic injuries or death are
5    significant when a concussion or head injury is not
6    properly evaluated and managed.
7        (2) Concussions are a type of brain injury that can
8    range from mild to severe and can disrupt the way the brain
9    normally works. Concussions can occur in any organized or
10    unorganized sport or recreational activity and can result
11    from a fall or from players colliding with each other, the
12    ground, or with obstacles. Concussions occur with or
13    without loss of consciousness, but the vast majority of
14    concussions occur without loss of consciousness.
15        (3) Continuing to play with a concussion or symptoms of
16    a head injury leaves a young athlete especially vulnerable
17    to greater injury and even death. The General Assembly
18    recognizes that, despite having generally recognized
19    return-to-play standards for concussions and head
20    injuries, some affected youth athletes are prematurely
21    returned to play, resulting in actual or potential physical
22    injury or death to youth athletes in this State.
23        (4) Student athletes who have sustained a concussion
24    may need informal or formal accommodations, modifications
25    of curriculum, and monitoring by medical or academic staff
26    until the student is fully recovered. To that end, all

 

 

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1    schools are encouraged to establish a return-to-learn
2    protocol that is based on peer-reviewed scientific
3    evidence consistent with Centers for Disease Control and
4    Prevention guidelines and conduct baseline testing for
5    student athletes.
6    (b) In this Section:
7    "Athletic trainer" means an athletic trainer licensed
8under the Illinois Athletic Trainers Practice Act.
9    "Coach" means any volunteer or employee of a school who is
10responsible for organizing and supervising students to teach
11them or train them in the fundamental skills of an
12interscholastic athletic activity. "Coach" refers to both head
13coaches and assistant coaches.
14    "Concussion" means a complex pathophysiological process
15affecting the brain caused by a traumatic physical force or
16impact to the head or body, which may include temporary or
17prolonged altered brain function resulting in physical,
18cognitive, or emotional symptoms or altered sleep patterns and
19which may or may not involve a loss of consciousness.
20    "Department" means the Department of Financial and
21Professional Regulation.
22    "Game official" means a person who officiates at an
23interscholastic athletic activity, such as a referee or umpire,
24including, but not limited to, persons enrolled as game
25officials by the Illinois High School Association or Illinois
26Elementary School Association.

 

 

10000SB0625sam001- 140 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 141 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 142 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 143 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 144 -LRB100 04131 SMS 22955 a

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

 

 

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1            in accordance with the return-to-play and
2            return-to-learn protocols;
3                (ii) understands the risks associated with the
4            student returning to play and returning to learn
5            and will comply with any ongoing requirements in
6            the return-to-play and return-to-learn protocols;
7            and
8                (iii) consents to the disclosure to
9            appropriate persons, consistent with the federal
10            Health Insurance Portability and Accountability
11            Act of 1996 (Public Law 104-191), of the treating
12            physician's or athletic trainer's written
13            statement under subdivision (4) of this subsection
14            (g) and, if any, the return-to-play and
15            return-to-learn recommendations of the treating
16            physician or the athletic trainer, as the case may
17            be.
18    A coach of an interscholastic athletics team may not
19authorize a student's return to play or return to learn.
20    The district superintendent or the superintendent's
21designee in the case of a public elementary or secondary
22school, the chief school administrator or that person's
23designee in the case of a charter school, or the appropriate
24administrative officer or that person's designee in the case of
25a private school shall supervise an athletic trainer or other
26person responsible for compliance with the return-to-play

 

 

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1protocol and shall supervise the person responsible for
2compliance with the return-to-learn protocol. The person who
3has supervisory responsibilities under this paragraph may not
4be a coach of an interscholastic athletics team.
5    (h)(1) The Illinois High School Association shall approve,
6for coaches and game officials of interscholastic athletic
7activities, training courses that provide for not less than 2
8hours of training in the subject matter of concussions,
9including evaluation, prevention, symptoms, risks, and
10long-term effects. The Association shall maintain an updated
11list of individuals and organizations authorized by the
12Association to provide the training.
13    (2) The following persons must take a training course in
14accordance with paragraph (4) of this subsection (h) from an
15authorized training provider at least once every 2 years:
16        (A) a coach of an interscholastic athletic activity;
17        (B) a nurse who serves as a member of a concussion
18    oversight team and is an employee, representative, or agent
19    of a school;
20        (C) a game official of an interscholastic athletic
21    activity; and
22        (D) a nurse who serves on a volunteer basis as a member
23    of a concussion oversight team for a school.
24    (3) A physician who serves as a member of a concussion
25oversight team shall, to the greatest extent practicable,
26periodically take an appropriate continuing medical education

 

 

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1course in the subject matter of concussions.
2    (4) For purposes of paragraph (2) of this subsection (h):
3        (A) a coach or game officials, as the case may be, must
4    take a course described in paragraph (1) of this subsection
5    (h).
6        (B) an athletic trainer must take a concussion-related
7    continuing education course from an athletic trainer
8    continuing education sponsor approved by the Department;
9    and
10        (C) a nurse must take a course concerning the subject
11    matter of concussions that has been approved for continuing
12    education credit by the Department.
13    (5) Each person described in paragraph (2) of this
14subsection (h) must submit proof of timely completion of an
15approved course in compliance with paragraph (4) of this
16subsection (h) to the district superintendent or the
17superintendent's designee in the case of a public elementary or
18secondary school, the chief school administrator or that
19person's designee in the case of a charter school, or the
20appropriate administrative officer or that person's designee
21in the case of a private school.
22    (6) A physician, athletic trainer, or nurse who is not in
23compliance with the training requirements under this
24subsection (h) may not serve on a concussion oversight team in
25any capacity.
26    (7) A person required under this subsection (h) to take a

 

 

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1training course in the subject of concussions must initially
2complete the training not later than September 1, 2016.
3    (i) The governing body of each public or charter school and
4the appropriate administrative officer of a private school with
5students enrolled who participate in an interscholastic
6athletic activity shall develop a school-specific emergency
7action plan for interscholastic athletic activities to address
8the serious injuries and acute medical conditions in which the
9condition of the student may deteriorate rapidly. The plan
10shall include a delineation of roles, methods of communication,
11available emergency equipment, and access to and a plan for
12emergency transport. This emergency action plan must be:
13        (1) in writing;
14        (2) reviewed by the concussion oversight team;
15        (3) approved by the district superintendent or the
16    superintendent's designee in the case of a public
17    elementary or secondary school, the chief school
18    administrator or that person's designee in the case of a
19    charter school, or the appropriate administrative officer
20    or that person's designee in the case of a private school;
21        (4) distributed to all appropriate personnel;
22        (5) posted conspicuously at all venues utilized by the
23    school; and
24        (6) reviewed annually by all athletic trainers, first
25    responders, coaches, school nurses, athletic directors,
26    and volunteers for interscholastic athletic activities.

 

 

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1    (j) The State Board of Education may adopt rules as
2necessary to administer this Section.
3(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
499-642, eff. 7-28-16.)
 
5    (105 ILCS 5/24-5)  (from Ch. 122, par. 24-5)
6    Sec. 24-5. Physical fitness and professional growth.
7    (a) In this Section, "employee" means any employee of a
8school district, a student teacher, an employee of a contractor
9that provides services to students or in schools, or any other
10individual subject to the requirements of Section 10-21.9 or
1134-18.5 of this Code.
12    (b) School boards shall require of new employees evidence
13of physical fitness to perform duties assigned and freedom from
14communicable disease. Such evidence shall consist of a physical
15examination by a physician licensed in Illinois or any other
16state to practice medicine and surgery in all its branches, a
17licensed advanced practice registered nurse, or a licensed
18physician assistant not more than 90 days preceding time of
19presentation to the board, and the cost of such examination
20shall rest with the employee. A new or existing employee may be
21subject to additional health examinations, including screening
22for tuberculosis, as required by rules adopted by the
23Department of Public Health or by order of a local public
24health official. The board may from time to time require an
25examination of any employee by a physician licensed in Illinois

 

 

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1to practice medicine and surgery in all its branches, a
2licensed advanced practice registered nurse, or a licensed
3physician assistant and shall pay the expenses thereof from
4school funds.
5    (c) School boards may require teachers in their employ to
6furnish from time to time evidence of continued professional
7growth.
8(Source: P.A. 98-716, eff. 7-16-14; 99-173, eff. 7-29-15.)
 
9    (105 ILCS 5/24-6)
10    Sec. 24-6. Sick leave. The school boards of all school
11districts, including special charter districts, but not
12including school districts in municipalities of 500,000 or
13more, shall grant their full-time teachers, and also shall
14grant such of their other employees as are eligible to
15participate in the Illinois Municipal Retirement Fund under the
16"600-Hour Standard" established, or under such other
17eligibility participation standard as may from time to time be
18established, by rules and regulations now or hereafter
19promulgated by the Board of that Fund under Section 7-198 of
20the Illinois Pension Code, as now or hereafter amended, sick
21leave provisions not less in amount than 10 days at full pay in
22each school year. If any such teacher or employee does not use
23the full amount of annual leave thus allowed, the unused amount
24shall be allowed to accumulate to a minimum available leave of
25180 days at full pay, including the leave of the current year.

 

 

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

 

 

10000SB0625sam001- 152 -LRB100 04131 SMS 22955 a

1is not thereby lost, but is transferred to such new or
2different district.
3    For purposes of this Section, "immediate family" shall
4include parents, spouse, brothers, sisters, children,
5grandparents, grandchildren, parents-in-law, brothers-in-law,
6sisters-in-law, and legal guardians.
7(Source: P.A. 99-173, eff. 7-29-15.)
 
8    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
9    Sec. 26-1. Compulsory school age-Exemptions. Whoever has
10custody or control of any child (i) between the ages of 7 and
1117 years (unless the child has already graduated from high
12school) for school years before the 2014-2015 school year or
13(ii) between the ages of 6 (on or before September 1) and 17
14years (unless the child has already graduated from high school)
15beginning with the 2014-2015 school year shall cause such child
16to attend some public school in the district wherein the child
17resides the entire time it is in session during the regular
18school term, except as provided in Section 10-19.1, and during
19a required summer school program established under Section
2010-22.33B; provided, that the following children shall not be
21required to attend the public schools:
22        1. Any child attending a private or a parochial school
23    where children are taught the branches of education taught
24    to children of corresponding age and grade in the public
25    schools, and where the instruction of the child in the

 

 

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1    branches of education is in the English language;
2        2. Any child who is physically or mentally unable to
3    attend school, such disability being certified to the
4    county or district truant officer by a competent physician
5    licensed in Illinois to practice medicine and surgery in
6    all its branches, a chiropractic physician licensed under
7    the Medical Practice Act of 1987, a licensed advanced
8    practice registered nurse, a licensed physician assistant,
9    or a Christian Science practitioner residing in this State
10    and listed in the Christian Science Journal; or who is
11    excused for temporary absence for cause by the principal or
12    teacher of the school which the child attends; the
13    exemptions in this paragraph (2) do not apply to any female
14    who is pregnant or the mother of one or more children,
15    except where a female is unable to attend school due to a
16    complication arising from her pregnancy and the existence
17    of such complication is certified to the county or district
18    truant officer by a competent physician;
19        3. Any child necessarily and lawfully employed
20    according to the provisions of the law regulating child
21    labor may be excused from attendance at school by the
22    county superintendent of schools or the superintendent of
23    the public school which the child should be attending, on
24    certification of the facts by and the recommendation of the
25    school board of the public school district in which the
26    child resides. In districts having part time continuation

 

 

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1    schools, children so excused shall attend such schools at
2    least 8 hours each week;
3        4. Any child over 12 and under 14 years of age while in
4    attendance at confirmation classes;
5        5. Any child absent from a public school on a
6    particular day or days or at a particular time of day for
7    the reason that he is unable to attend classes or to
8    participate in any examination, study or work requirements
9    on a particular day or days or at a particular time of day,
10    because the tenets of his religion forbid secular activity
11    on a particular day or days or at a particular time of day.
12    Each school board shall prescribe rules and regulations
13    relative to absences for religious holidays including, but
14    not limited to, a list of religious holidays on which it
15    shall be mandatory to excuse a child; but nothing in this
16    paragraph 5 shall be construed to limit the right of any
17    school board, at its discretion, to excuse an absence on
18    any other day by reason of the observance of a religious
19    holiday. A school board may require the parent or guardian
20    of a child who is to be excused from attending school due
21    to the observance of a religious holiday to give notice,
22    not exceeding 5 days, of the child's absence to the school
23    principal or other school personnel. Any child excused from
24    attending school under this paragraph 5 shall not be
25    required to submit a written excuse for such absence after
26    returning to school;

 

 

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1        6. Any child 16 years of age or older who (i) submits
2    to a school district evidence of necessary and lawful
3    employment pursuant to paragraph 3 of this Section and (ii)
4    is enrolled in a graduation incentives program pursuant to
5    Section 26-16 of this Code or an alternative learning
6    opportunities program established pursuant to Article 13B
7    of this Code; and
8        7. A child in any of grades 6 through 12 absent from a
9    public school on a particular day or days or at a
10    particular time of day for the purpose of sounding "Taps"
11    at a military honors funeral held in this State for a
12    deceased veteran. In order to be excused under this
13    paragraph 7, the student shall notify the school's
14    administration at least 2 days prior to the date of the
15    absence and shall provide the school's administration with
16    the date, time, and location of the military honors
17    funeral. The school's administration may waive this 2-day
18    notification requirement if the student did not receive at
19    least 2 days advance notice, but the student shall notify
20    the school's administration as soon as possible of the
21    absence. A student whose absence is excused under this
22    paragraph 7 shall be counted as if the student attended
23    school for purposes of calculating the average daily
24    attendance of students in the school district. A student
25    whose absence is excused under this paragraph 7 must be
26    allowed a reasonable time to make up school work missed

 

 

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1    during the absence. If the student satisfactorily
2    completes the school work, the day of absence shall be
3    counted as a day of compulsory attendance and he or she may
4    not be penalized for that absence.
5(Source: P.A. 98-544, eff. 7-1-14; 99-173, eff. 7-29-15;
699-804, eff. 1-1-17.)
 
7    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
8    (Text of Section before amendment by P.A. 99-927)
9    Sec. 27-8.1. Health examinations and immunizations.
10    (1) In compliance with rules and regulations which the
11Department of Public Health shall promulgate, and except as
12hereinafter provided, all children in Illinois shall have a
13health examination as follows: within one year prior to
14entering kindergarten or the first grade of any public,
15private, or parochial elementary school; upon entering the
16sixth and ninth grades of any public, private, or parochial
17school; prior to entrance into any public, private, or
18parochial nursery school; and, irrespective of grade,
19immediately prior to or upon entrance into any public, private,
20or parochial school or nursery school, each child shall present
21proof of having been examined in accordance with this Section
22and the rules and regulations promulgated hereunder. Any child
23who received a health examination within one year prior to
24entering the fifth grade for the 2007-2008 school year is not
25required to receive an additional health examination in order

 

 

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

 

 

10000SB0625sam001- 158 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 159 -LRB100 04131 SMS 22955 a

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

 

 

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

 

 

10000SB0625sam001- 161 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 162 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 163 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 164 -LRB100 04131 SMS 22955 a

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

 

 

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

 

 

10000SB0625sam001- 166 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 167 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 168 -LRB100 04131 SMS 22955 a

1authority shall inform the parent or legal guardian of
2exclusion procedures, in accordance with the Department's
3rules under Part 690 of Title 77 of the Illinois Administrative
4Code, at the time the objection is presented.
5    If the physical condition of the child is such that any one
6or more of the immunizing agents should not be administered,
7the examining physician, advanced practice registered nurse,
8or physician assistant responsible for the performance of the
9health examination shall endorse that fact upon the health
10examination form.
11    Exempting a child from the health, dental, or eye
12examination does not exempt the child from participation in the
13program of physical education training provided in Sections
1427-5 through 27-7 of this Code.
15    (9) For the purposes of this Section, "nursery schools"
16means those nursery schools operated by elementary school
17systems or secondary level school units or institutions of
18higher learning.
19(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
2099-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
 
21    (Text of Section after amendment by P.A. 99-927)
22    Sec. 27-8.1. Health examinations and immunizations.
23    (1) In compliance with rules and regulations which the
24Department of Public Health shall promulgate, and except as
25hereinafter provided, all children in Illinois shall have a

 

 

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

 

 

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

 

 

10000SB0625sam001- 171 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 172 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 173 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 174 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 175 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 176 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 177 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 178 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 179 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 180 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 181 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 182 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 183 -LRB100 04131 SMS 22955 a

1    If the physical condition of the child is such that any one
2or more of the immunizing agents should not be administered,
3the examining physician, advanced practice registered nurse,
4or physician assistant responsible for the performance of the
5health examination shall endorse that fact upon the health
6examination form.
7    Exempting a child from the health, dental, or eye
8examination does not exempt the child from participation in the
9program of physical education training provided in Sections
1027-5 through 27-7 of this Code.
11    (9) For the purposes of this Section, "nursery schools"
12means those nursery schools operated by elementary school
13systems or secondary level school units or institutions of
14higher learning.
15(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
1699-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff.
176-1-17.)
 
18    Section 90. The Care of Students with Diabetes Act is
19amended by changing Section 10 as follows:
 
20    (105 ILCS 145/10)
21    Sec. 10. Definitions. As used in this Act:
22    "Delegated care aide" means a school employee who has
23agreed to receive training in diabetes care and to assist
24students in implementing their diabetes care plan and has

 

 

10000SB0625sam001- 184 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 185 -LRB100 04131 SMS 22955 a

1    Section 95. The Nursing Education Scholarship Law is
2amended by changing Sections 3, 5, and 6.5 as follows:
 
3    (110 ILCS 975/3)  (from Ch. 144, par. 2753)
4    Sec. 3. Definitions.
5    The following terms, whenever used or referred to, have the
6following meanings except where the context clearly indicates
7otherwise:
8    (1) "Board" means the Board of Higher Education created by
9the Board of Higher Education Act.
10    (2) "Department" means the Illinois Department of Public
11Health.
12    (3) "Approved institution" means a public community
13college, private junior college, hospital-based diploma in
14nursing program, or public or private college or university
15located in this State that has approval by the Department of
16Professional Regulation for an associate degree in nursing
17program, associate degree in applied sciences in nursing
18program, hospital-based diploma in nursing program,
19baccalaureate degree in nursing program, graduate degree in
20nursing program, or certificate in practical nursing program.
21    (4) "Baccalaureate degree in nursing program" means a
22program offered by an approved institution and leading to a
23bachelor of science degree in nursing.
24    (5) "Enrollment" means the establishment and maintenance
25of an individual's status as a student in an approved

 

 

10000SB0625sam001- 186 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 187 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 188 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 189 -LRB100 04131 SMS 22955 a

1    Rulemaking authority to implement this amendatory Act of
2the 96th General Assembly, if any, is conditioned on the rules
3being adopted in accordance with all provisions of the Illinois
4Administrative Procedure Act and all rules and procedures of
5the Joint Committee on Administrative Rules; any purported rule
6not so adopted, for whatever reason, is unauthorized.
7(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
896-805, eff. 10-30-09.)
 
9    (110 ILCS 975/5)  (from Ch. 144, par. 2755)
10    Sec. 5. Nursing education scholarships. Beginning with the
11fall term of the 2004-2005 academic year, the Department, in
12accordance with rules and regulations promulgated by it for
13this program, shall provide scholarships to individuals
14selected from among those applicants who qualify for
15consideration by showing:
16        (1) that he or she has been a resident of this State
17    for at least one year prior to application, and is a
18    citizen or a lawful permanent resident alien of the United
19    States;
20        (2) that he or she is enrolled in or accepted for
21    admission to an associate degree in nursing program,
22    hospital-based diploma in nursing program, baccalaureate
23    degree in nursing program, graduate degree in nursing
24    program, or practical nursing program at an approved
25    institution; and

 

 

10000SB0625sam001- 190 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 191 -LRB100 04131 SMS 22955 a

1nursing program, up to 3 years if the recipient is enrolled in
2a hospital-based diploma in nursing program, up to 4 years if
3the recipient is enrolled in a baccalaureate degree in nursing
4program, up to 5 years if the recipient is enrolled in a
5graduate degree in nursing program, and up to one year if the
6recipient is enrolled in a certificate in practical nursing
7program. At least 40% of the scholarships awarded shall be for
8recipients who are pursuing baccalaureate degrees in nursing,
930% of the scholarships awarded shall be for recipients who are
10pursuing associate degrees in nursing or a diploma in nursing,
1110% of the scholarships awarded shall be for recipients who are
12pursuing a certificate in practical nursing, and 20% of the
13scholarships awarded shall be for recipients who are pursuing a
14graduate degree in nursing.
15(Source: P.A. 93-879, eff. 1-1-05; 94-1020, eff. 7-11-06.)
 
16    (110 ILCS 975/6.5)
17    Sec. 6.5. Nurse educator scholarships.
18    (a) Beginning with the fall term of the 2009-2010 academic
19year, the Department shall provide scholarships to individuals
20selected from among those applicants who qualify for
21consideration by showing the following:
22        (1) that he or she has been a resident of this State
23    for at least one year prior to application and is a citizen
24    or a lawful permanent resident alien of the United States;
25        (2) that he or she is enrolled in or accepted for

 

 

10000SB0625sam001- 192 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 193 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 194 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 195 -LRB100 04131 SMS 22955 a

1(Source: P.A. 96-805, eff. 10-30-09.)
 
2    Section 100. The Ambulatory Surgical Treatment Center Act
3is amended by changing Section 6.5 as follows:
 
4    (210 ILCS 5/6.5)
5    Sec. 6.5. Clinical privileges; advanced practice
6registered nurses. All ambulatory surgical treatment centers
7(ASTC) licensed under this Act shall comply with the following
8requirements:
9        (1) No ASTC policy, rule, regulation, or practice shall
10    be inconsistent with the provision of adequate
11    collaboration and consultation in accordance with Section
12    54.5 of the Medical Practice Act of 1987.
13        (2) Operative surgical procedures shall be performed
14    only by a physician licensed to practice medicine in all
15    its branches under the Medical Practice Act of 1987, a
16    dentist licensed under the Illinois Dental Practice Act, or
17    a podiatric physician licensed under the Podiatric Medical
18    Practice Act of 1987, with medical staff membership and
19    surgical clinical privileges granted by the consulting
20    committee of the ASTC. A licensed physician, dentist, or
21    podiatric physician may be assisted by a physician licensed
22    to practice medicine in all its branches, dentist, dental
23    assistant, podiatric physician, licensed advanced practice
24    registered nurse, licensed physician assistant, licensed

 

 

10000SB0625sam001- 196 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 197 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 198 -LRB100 04131 SMS 22955 a

1                (iii) a dentist with authority to administer
2            anesthesia under Section 8.1 of the Illinois
3            Dental Practice Act; or
4                (iv) a licensed certified registered nurse
5            anesthetist; or
6                (v) a podiatric physician licensed under the
7            Podiatric Medical Practice Act of 1987.
8            (B) For anesthesia services, an anesthesiologist
9        shall participate through discussion of and agreement
10        with the anesthesia plan and shall remain physically
11        present and be available on the premises during the
12        delivery of anesthesia services for diagnosis,
13        consultation, and treatment of emergency medical
14        conditions. In the absence of 24-hour availability of
15        anesthesiologists with clinical privileges, an
16        alternate policy (requiring participation, presence,
17        and availability of a physician licensed to practice
18        medicine in all its branches) shall be developed by the
19        medical staff consulting committee in consultation
20        with the anesthesia service and included in the medical
21        staff consulting committee policies.
22            (C) A certified registered nurse anesthetist is
23        not required to possess prescriptive authority or a
24        written collaborative agreement meeting the
25        requirements of Section 65-35 of the Nurse Practice Act
26        to provide anesthesia services ordered by a licensed

 

 

10000SB0625sam001- 199 -LRB100 04131 SMS 22955 a

1        physician, dentist, or podiatric physician. Licensed
2        certified registered nurse anesthetists are authorized
3        to select, order, and administer drugs and apply the
4        appropriate medical devices in the provision of
5        anesthesia services under the anesthesia plan agreed
6        with by the anesthesiologist or, in the absence of an
7        available anesthesiologist with clinical privileges,
8        agreed with by the operating physician, operating
9        dentist, or operating podiatric physician in
10        accordance with the medical staff consulting committee
11        policies of a licensed ambulatory surgical treatment
12        center.
13(Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
 
14    Section 105. The Assisted Living and Shared Housing Act is
15amended by changing Section 10 as follows:
 
16    (210 ILCS 9/10)
17    Sec. 10. Definitions. For purposes of this Act:
18    "Activities of daily living" means eating, dressing,
19bathing, toileting, transferring, or personal hygiene.
20    "Assisted living establishment" or "establishment" means a
21home, building, residence, or any other place where sleeping
22accommodations are provided for at least 3 unrelated adults, at
23least 80% of whom are 55 years of age or older and where the
24following are provided consistent with the purposes of this

 

 

10000SB0625sam001- 200 -LRB100 04131 SMS 22955 a

1Act:
2        (1) services consistent with a social model that is
3    based on the premise that the resident's unit in assisted
4    living and shared housing is his or her own home;
5        (2) community-based residential care for persons who
6    need assistance with activities of daily living, including
7    personal, supportive, and intermittent health-related
8    services available 24 hours per day, if needed, to meet the
9    scheduled and unscheduled needs of a resident;
10        (3) mandatory services, whether provided directly by
11    the establishment or by another entity arranged for by the
12    establishment, with the consent of the resident or
13    resident's representative; and
14        (4) a physical environment that is a homelike setting
15    that includes the following and such other elements as
16    established by the Department: individual living units
17    each of which shall accommodate small kitchen appliances
18    and contain private bathing, washing, and toilet
19    facilities, or private washing and toilet facilities with a
20    common bathing room readily accessible to each resident.
21    Units shall be maintained for single occupancy except in
22    cases in which 2 residents choose to share a unit.
23    Sufficient common space shall exist to permit individual
24    and group activities.
25    "Assisted living establishment" or "establishment" does
26not mean any of the following:

 

 

10000SB0625sam001- 201 -LRB100 04131 SMS 22955 a

1        (1) A home, institution, or similar place operated by
2    the federal government or the State of Illinois.
3        (2) A long term care facility licensed under the
4    Nursing Home Care Act, a facility licensed under the
5    Specialized Mental Health Rehabilitation Act of 2013, a
6    facility licensed under the ID/DD Community Care Act, or a
7    facility licensed under the MC/DD Act. However, a facility
8    licensed under any of those Acts may convert distinct parts
9    of the facility to assisted living. If the facility elects
10    to do so, the facility shall retain the Certificate of Need
11    for its nursing and sheltered care beds that were
12    converted.
13        (3) A hospital, sanitarium, or other institution, the
14    principal activity or business of which is the diagnosis,
15    care, and treatment of human illness and that is required
16    to be licensed under the Hospital Licensing Act.
17        (4) A facility for child care as defined in the Child
18    Care Act of 1969.
19        (5) A community living facility as defined in the
20    Community Living Facilities Licensing Act.
21        (6) A nursing home or sanitarium operated solely by and
22    for persons who rely exclusively upon treatment by
23    spiritual means through prayer in accordance with the creed
24    or tenants of a well-recognized church or religious
25    denomination.
26        (7) A facility licensed by the Department of Human

 

 

10000SB0625sam001- 202 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 203 -LRB100 04131 SMS 22955 a

1    Department to an applicant or licensee that is in
2    substantial compliance with this Act and any rules
3    promulgated under this Act.
4    "Licensee" means a person, agency, association,
5corporation, partnership, or organization that has been issued
6a license to operate an assisted living or shared housing
7establishment.
8    "Licensed health care professional" means a registered
9professional nurse, an advanced practice registered nurse, a
10physician assistant, and a licensed practical nurse.
11    "Mandatory services" include the following:
12        (1) 3 meals per day available to the residents prepared
13    by the establishment or an outside contractor;
14        (2) housekeeping services including, but not limited
15    to, vacuuming, dusting, and cleaning the resident's unit;
16        (3) personal laundry and linen services available to
17    the residents provided or arranged for by the
18    establishment;
19        (4) security provided 24 hours each day including, but
20    not limited to, locked entrances or building or contract
21    security personnel;
22        (5) an emergency communication response system, which
23    is a procedure in place 24 hours each day by which a
24    resident can notify building management, an emergency
25    response vendor, or others able to respond to his or her
26    need for assistance; and

 

 

10000SB0625sam001- 204 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 205 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 206 -LRB100 04131 SMS 22955 a

1    resident; and
2        (3) mandatory services, whether provided directly by
3    the establishment or by another entity arranged for by the
4    establishment, with the consent of the resident or the
5    resident's representative.
6    "Shared housing establishment" or "establishment" does not
7mean any of the following:
8        (1) A home, institution, or similar place operated by
9    the federal government or the State of Illinois.
10        (2) A long term care facility licensed under the
11    Nursing Home Care Act, a facility licensed under the
12    Specialized Mental Health Rehabilitation Act of 2013, a
13    facility licensed under the ID/DD Community Care Act, or a
14    facility licensed under the MC/DD Act. A facility licensed
15    under any of those Acts may, however, convert sections of
16    the facility to assisted living. If the facility elects to
17    do so, the facility shall retain the Certificate of Need
18    for its nursing beds that were converted.
19        (3) A hospital, sanitarium, or other institution, the
20    principal activity or business of which is the diagnosis,
21    care, and treatment of human illness and that is required
22    to be licensed under the Hospital Licensing Act.
23        (4) A facility for child care as defined in the Child
24    Care Act of 1969.
25        (5) A community living facility as defined in the
26    Community Living Facilities Licensing Act.

 

 

10000SB0625sam001- 207 -LRB100 04131 SMS 22955 a

1        (6) A nursing home or sanitarium operated solely by and
2    for persons who rely exclusively upon treatment by
3    spiritual means through prayer in accordance with the creed
4    or tenants of a well-recognized church or religious
5    denomination.
6        (7) A facility licensed by the Department of Human
7    Services as a community-integrated living arrangement as
8    defined in the Community-Integrated Living Arrangements
9    Licensure and Certification Act.
10        (8) A supportive residence licensed under the
11    Supportive Residences Licensing Act.
12        (9) A life care facility as defined in the Life Care
13    Facilities Act; a life care facility may apply under this
14    Act to convert sections of the community to assisted
15    living.
16        (10) A free-standing hospice facility licensed under
17    the Hospice Program Licensing Act.
18        (11) An assisted living establishment.
19        (12) A supportive living facility as described in
20    Section 5-5.01a of the Illinois Public Aid Code.
21    "Total assistance" means that staff or another individual
22performs the entire activity of daily living without
23participation by the resident.
24(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
 
25    Section 110. The Illinois Clinical Laboratory and Blood

 

 

10000SB0625sam001- 208 -LRB100 04131 SMS 22955 a

1Bank Act is amended by changing Section 7-101 as follows:
 
2    (210 ILCS 25/7-101)  (from Ch. 111 1/2, par. 627-101)
3    Sec. 7-101. Examination of specimens. A clinical
4laboratory shall examine specimens only at the request of (i) a
5licensed physician, (ii) a licensed dentist, (iii) a licensed
6podiatric physician, (iv) a licensed optometrist, (v) a
7licensed physician assistant, (v-A) a licensed advanced
8practice registered nurse, (vi) an authorized law enforcement
9agency or, in the case of blood alcohol, at the request of the
10individual for whom the test is to be performed in compliance
11with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code,
12or (vii) a genetic counselor with the specific authority from a
13referral to order a test or tests pursuant to subsection (b) of
14Section 20 of the Genetic Counselor Licensing Act. If the
15request to a laboratory is oral, the physician or other
16authorized person shall submit a written request to the
17laboratory within 48 hours. If the laboratory does not receive
18the written request within that period, it shall note that fact
19in its records. For purposes of this Section, a request made by
20electronic mail or fax constitutes a written request.
21(Source: P.A. 98-185, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756,
22eff. 7-16-14; 98-767, eff. 1-1-15; 99-173, eff. 7-29-15.)
 
23    Section 115. The Nursing Home Care Act is amended by
24changing Section 3-206.05 as follows:
 

 

 

10000SB0625sam001- 209 -LRB100 04131 SMS 22955 a

1    (210 ILCS 45/3-206.05)
2    Sec. 3-206.05. Safe resident handling policy.
3    (a) In this Section:
4    "Health care worker" means an individual providing direct
5resident care services who may be required to lift, transfer,
6reposition, or move a resident.
7    "Nurse" means an advanced practice registered nurse, a
8registered nurse, or a licensed practical nurse licensed under
9the Nurse Practice Act.
10    "Safe lifting equipment and accessories" means mechanical
11equipment designed to lift, move, reposition, and transfer
12residents, including, but not limited to, fixed and portable
13ceiling lifts, sit-to-stand lifts, slide sheets and boards,
14slings, and repositioning and turning sheets.
15    "Safe lifting team" means at least 2 individuals who are
16trained and proficient in the use of both safe lifting
17techniques and safe lifting equipment and accessories.
18    "Adjustable equipment" means products and devices that may
19be adapted for use by individuals with physical and other
20disabilities in order to optimize accessibility. Adjustable
21equipment includes, but is not limited to, the following:
22        (1) Wheelchairs with adjustable footrest height and
23    seat width and depth.
24        (2) Height-adjustable, drop-arm commode chairs and
25    height-adjustable shower gurneys or shower benches to

 

 

10000SB0625sam001- 210 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 211 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 212 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 213 -LRB100 04131 SMS 22955 a

1        resident's guardian among the range of transfer and
2        lift options.
3            (E) Incorporation of such safe lifting procedures,
4        techniques, and equipment as are consistent with
5        applicable federal law.
6    (c) Safe lifting teams must receive specialized, in-depth
7training that includes, but need not be limited to, the
8following:
9        (1) Types and operation of equipment.
10        (2) Safe manual lifting and moving techniques.
11        (3) Ergonomic principles in the assessment of risk both
12    to nurses and other workers and to residents.
13        (4) The selection, safe use, location, and condition of
14    appropriate pieces of equipment individualized to each
15    resident's medical and physical conditions and
16    preferences.
17        (5) Procedures for advising residents of the full range
18    of transfer and lift options and for documenting
19    individualized lifting plans that include resident choice.
20    Specialized, in-depth training may rely on federal
21standards and guidelines such as the United States Department
22of Labor Guidelines for Nursing Homes, supplemented by federal
23requirements for barrier removal, independent access, and
24means of accommodation optimizing independent movement and
25transfer.
26(Source: P.A. 96-389, eff. 1-1-10; 97-866, eff. 1-1-13.)
 

 

 

10000SB0625sam001- 214 -LRB100 04131 SMS 22955 a

1    Section 120. The Emergency Medical Services (EMS) Systems
2Act is amended by changing Sections 3.10 and 3.117 as follows:
 
3    (210 ILCS 50/3.10)
4    Sec. 3.10. Scope of Services.
5    (a) "Advanced Life Support (ALS) Services" means an
6advanced level of pre-hospital and inter-hospital emergency
7care and non-emergency medical services that includes basic
8life support care, cardiac monitoring, cardiac defibrillation,
9electrocardiography, intravenous therapy, administration of
10medications, drugs and solutions, use of adjunctive medical
11devices, trauma care, and other authorized techniques and
12procedures, as outlined in the provisions of the National EMS
13Education Standards relating to Advanced Life Support and any
14modifications to that curriculum specified in rules adopted by
15the Department pursuant to this Act.
16    That care shall be initiated as authorized by the EMS
17Medical Director in a Department approved advanced life support
18EMS System, under the written or verbal direction of a
19physician licensed to practice medicine in all of its branches
20or under the verbal direction of an Emergency Communications
21Registered Nurse.
22    (b) "Intermediate Life Support (ILS) Services" means an
23intermediate level of pre-hospital and inter-hospital
24emergency care and non-emergency medical services that

 

 

10000SB0625sam001- 215 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 216 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 217 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 218 -LRB100 04131 SMS 22955 a

1transport providers must function within a Department-approved
2EMS System. Nothing in Department rules shall restrict a
3hospital's ability to furnish personnel, equipment, and
4medical supplies to any vehicle service provider, including a
5critical care transport provider. Minimum critical care
6transport provider standards shall include, but are not limited
7to:
8        (1) Personnel staffing and licensure.
9        (2) Education, certification, and experience.
10        (3) Medical equipment and supplies.
11        (4) Vehicular standards.
12        (5) Treatment and transport protocols.
13        (6) Quality assurance and data collection.
14    (h) The provisions of this Act shall not apply to the use
15of an ambulance or SEMSV, unless and until emergency or
16non-emergency medical services are needed during the use of the
17ambulance or SEMSV.
18(Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17.)
 
19    (210 ILCS 50/3.117)
20    Sec. 3.117. Hospital Designations.
21    (a) The Department shall attempt to designate Primary
22Stroke Centers in all areas of the State.
23        (1) The Department shall designate as many certified
24    Primary Stroke Centers as apply for that designation
25    provided they are certified by a nationally-recognized

 

 

10000SB0625sam001- 219 -LRB100 04131 SMS 22955 a

1    certifying body, approved by the Department, and
2    certification criteria are consistent with the most
3    current nationally-recognized, evidence-based stroke
4    guidelines related to reducing the occurrence,
5    disabilities, and death associated with stroke.
6        (2) A hospital certified as a Primary Stroke Center by
7    a nationally-recognized certifying body approved by the
8    Department, shall send a copy of the Certificate and annual
9    fee to the Department and shall be deemed, within 30
10    business days of its receipt by the Department, to be a
11    State-designated Primary Stroke Center.
12        (3) A center designated as a Primary Stroke Center
13    shall pay an annual fee as determined by the Department
14    that shall be no less than $100 and no greater than $500.
15    All fees shall be deposited into the Stroke Data Collection
16    Fund.
17        (3.5) With respect to a hospital that is a designated
18    Primary Stroke Center, the Department shall have the
19    authority and responsibility to do the following:
20            (A) Suspend or revoke a hospital's Primary Stroke
21        Center designation upon receiving notice that the
22        hospital's Primary Stroke Center certification has
23        lapsed or has been revoked by the State recognized
24        certifying body.
25            (B) Suspend a hospital's Primary Stroke Center
26        designation, in extreme circumstances where patients

 

 

10000SB0625sam001- 220 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 221 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 222 -LRB100 04131 SMS 22955 a

1        the hospital's Comprehensive Stroke Center
2        certification has lapsed or has been revoked by the
3        State recognized certifying body.
4            (B) Suspend the hospital's Comprehensive Stroke
5        Center designation, in extreme circumstances in which
6        patients may be at risk for immediate harm or death,
7        until such time as the certifying body investigates and
8        makes a final determination regarding certification.
9            (C) Restore any previously suspended or revoked
10        Department designation upon notice to the Department
11        that the certifying body has confirmed or restored the
12        Comprehensive Stroke Center certification of that
13        previously designated hospital.
14            (D) Suspend the hospital's Comprehensive Stroke
15        Center designation at the request of a hospital seeking
16        to suspend its own Department designation.
17        (5) Comprehensive Stroke Center designation shall
18    remain valid at all times while the hospital maintains its
19    certification as a Comprehensive Stroke Center, in good
20    standing, with the certifying body. The duration of a
21    Comprehensive Stroke Center designation shall coincide
22    with the duration of its Comprehensive Stroke Center
23    certification. Each designated Comprehensive Stroke Center
24    shall have its designation automatically renewed upon the
25    Department's receipt of a copy of the certifying body's
26    certification renewal.

 

 

10000SB0625sam001- 223 -LRB100 04131 SMS 22955 a

1        (6) A hospital that no longer meets
2    nationally-recognized, evidence-based standards for
3    Comprehensive Stroke Centers, or loses its Comprehensive
4    Stroke Center certification, shall notify the Department
5    and the Regional EMS Advisory Committee within 5 business
6    days.
7    (b) Beginning on the first day of the month that begins 12
8months after the adoption of rules authorized by this
9subsection, the Department shall attempt to designate
10hospitals as Acute Stroke-Ready Hospitals in all areas of the
11State. Designation may be approved by the Department after a
12hospital has been certified as an Acute Stroke-Ready Hospital
13or through application and designation by the Department. For
14any hospital that is designated as an Emergent Stroke Ready
15Hospital at the time that the Department begins the designation
16of Acute Stroke-Ready Hospitals, the Emergent Stroke Ready
17designation shall remain intact for the duration of the
1812-month period until that designation expires. Until the
19Department begins the designation of hospitals as Acute
20Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke
21Ready Hospital designation utilizing the processes and
22criteria provided in Public Act 96-514.
23        (1) (Blank).
24        (2) Hospitals may apply for, and receive, Acute
25    Stroke-Ready Hospital designation from the Department,
26    provided that the hospital attests, on a form developed by

 

 

10000SB0625sam001- 224 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 225 -LRB100 04131 SMS 22955 a

1            (D) A hospital must submit a copy of its
2        certification renewal from the certifying body as soon
3        as practical but no later than 30 business days after
4        that certification is received by the hospital. Upon
5        the Department's receipt of the renewal certification,
6        the Department shall renew the hospital's Acute
7        Stroke-Ready Hospital designation.
8            (E) A hospital designated as an Acute Stroke-Ready
9        Hospital shall pay an annual fee as determined by the
10        Department that shall be no less than $100 and no
11        greater than $500. All fees shall be deposited into the
12        Stroke Data Collection Fund.
13        (3) Hospitals seeking Acute Stroke-Ready Hospital
14    designation that do not have certification shall develop
15    policies and procedures that are consistent with
16    nationally-recognized, evidence-based protocols for the
17    provision of emergent stroke care. Hospital policies
18    relating to emergent stroke care and stroke patient
19    outcomes shall be reviewed at least annually, or more often
20    as needed, by a hospital committee that oversees quality
21    improvement. Adjustments shall be made as necessary to
22    advance the quality of stroke care delivered. Criteria for
23    Acute Stroke-Ready Hospital designation of hospitals shall
24    be limited to the ability of a hospital to:
25            (A) create written acute care protocols related to
26        emergent stroke care;

 

 

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1            (A-5) participate in the data collection system
2        provided in Section 3.118, if available;
3            (B) maintain a written transfer agreement with one
4        or more hospitals that have neurosurgical expertise;
5            (C) designate a Clinical Director of Stroke Care
6        who shall be a clinical member of the hospital staff
7        with training or experience, as defined by the
8        facility, in the care of patients with cerebrovascular
9        disease. This training or experience may include, but
10        is not limited to, completion of a fellowship or other
11        specialized training in the area of cerebrovascular
12        disease, attendance at national courses, or prior
13        experience in neuroscience intensive care units. The
14        Clinical Director of Stroke Care may be a neurologist,
15        neurosurgeon, emergency medicine physician, internist,
16        radiologist, advanced practice registered nurse, or
17        physician's assistant;
18            (C-5) provide rapid access to an acute stroke team,
19        as defined by the facility, that considers and reflects
20        nationally-recognized, evidenced-based protocols or
21        guidelines;
22            (D) administer thrombolytic therapy, or
23        subsequently developed medical therapies that meet
24        nationally-recognized, evidence-based stroke
25        guidelines;
26            (E) conduct brain image tests at all times;

 

 

10000SB0625sam001- 227 -LRB100 04131 SMS 22955 a

1            (F) conduct blood coagulation studies at all
2        times;
3            (G) maintain a log of stroke patients, which shall
4        be available for review upon request by the Department
5        or any hospital that has a written transfer agreement
6        with the Acute Stroke-Ready Hospital;
7            (H) admit stroke patients to a unit that can
8        provide appropriate care that considers and reflects
9        nationally-recognized, evidence-based protocols or
10        guidelines or transfer stroke patients to an Acute
11        Stroke-Ready Hospital, Primary Stroke Center, or
12        Comprehensive Stroke Center, or another facility that
13        can provide the appropriate care that considers and
14        reflects nationally-recognized, evidence-based
15        protocols or guidelines; and
16            (I) demonstrate compliance with
17        nationally-recognized quality indicators.
18        (4) With respect to Acute Stroke-Ready Hospital
19    designation, the Department shall have the authority and
20    responsibility to do the following:
21            (A) Require hospitals applying for Acute
22        Stroke-Ready Hospital designation to attest, on a form
23        developed by the Department in consultation with the
24        State Stroke Advisory Subcommittee, that the hospital
25        meets, and will continue to meet, the criteria for an
26        Acute Stroke-Ready Hospital.

 

 

10000SB0625sam001- 228 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 229 -LRB100 04131 SMS 22955 a

1        requirements for Acute Stroke-Ready Hospital
2        Designation as provided in Section 3.117 of the
3        Emergency Medical Services (EMS) Systems Act" and
4        shall instruct the applicant facility to provide: the
5        hospital name and address; the hospital CEO or
6        Administrator's typed name and signature; the hospital
7        Clinical Director of Stroke Care's typed name and
8        signature; and a contact person's typed name, email
9        address, and phone number.
10            The Application for Stroke Center Designation form
11        shall contain a statement that instructs the hospital
12        to "Provide proof of current Acute Stroke-Ready
13        Hospital certification from a nationally-recognized
14        certifying body approved by the Department".
15            (B) Designate a hospital as an Acute Stroke-Ready
16        Hospital no more than 30 business days after receipt of
17        an attestation that meets the requirements for
18        attestation, unless the Department, within 30 days of
19        receipt of the attestation, chooses to conduct an
20        onsite survey prior to designation. If the Department
21        chooses to conduct an onsite survey prior to
22        designation, then the onsite survey shall be conducted
23        within 90 days of receipt of the attestation.
24            (C) Require annual written attestation, on a form
25        developed by the Department in consultation with the
26        State Stroke Advisory Subcommittee, by Acute

 

 

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

 

 

10000SB0625sam001- 231 -LRB100 04131 SMS 22955 a

1Advisory Subcommittee for developing the designation,
2re-designation, and de-designation processes for Comprehensive
3Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready
4Hospitals.
5    (d) The Department shall consult with the State Stroke
6Advisory Subcommittee as subject matter experts at least
7annually regarding stroke standards of care.
8(Source: P.A. 98-756, eff. 7-16-14; 98-1001, eff. 1-1-15.)
 
9    Section 125. The Home Health, Home Services, and Home
10Nursing Agency Licensing Act is amended by changing Sections
112.05 and 2.11 as follows:
 
12    (210 ILCS 55/2.05)  (from Ch. 111 1/2, par. 2802.05)
13    Sec. 2.05. "Home health services" means services provided
14to a person at his residence according to a plan of treatment
15for illness or infirmity prescribed by a physician licensed to
16practice medicine in all its branches, a licensed physician
17assistant, or a licensed advanced practice registered nurse.
18Such services include part time and intermittent nursing
19services and other therapeutic services such as physical
20therapy, occupational therapy, speech therapy, medical social
21services, or services provided by a home health aide.
22(Source: P.A. 98-261, eff. 8-9-13; 99-173, eff. 7-29-15.)
 
23    (210 ILCS 55/2.11)

 

 

10000SB0625sam001- 232 -LRB100 04131 SMS 22955 a

1    Sec. 2.11. "Home nursing agency" means an agency that
2provides services directly, or acts as a placement agency, in
3order to deliver skilled nursing and home health aide services
4to persons in their personal residences. A home nursing agency
5provides services that would require a licensed nurse to
6perform. Home health aide services are provided under the
7direction of a registered professional nurse or advanced
8practice registered Advanced Practice nurse. A home nursing
9agency does not require licensure as a home health agency under
10this Act. "Home nursing agency" does not include an
11individually licensed nurse acting as a private contractor or a
12person that provides or procures temporary employment in health
13care facilities, as defined in the Nurse Agency Licensing Act.
14(Source: P.A. 94-379, eff. 1-1-06; 95-951, eff. 8-29-08.)
 
15    Section 130. The End Stage Renal Disease Facility Act is
16amended by changing Section 25 as follows:
 
17    (210 ILCS 62/25)
18    Sec. 25. Minimum staffing. An end stage renal disease
19facility shall be under the medical direction of a physician
20experienced in renal disease treatment, as required for
21licensure under this Act. Additionally, at a minimum, every
22facility licensed under this Act shall ensure that whenever
23patients are undergoing dialysis all of the following are met:
24        (1) one currently licensed physician, registered

 

 

10000SB0625sam001- 233 -LRB100 04131 SMS 22955 a

1    nurse, physician assistant, advanced practice registered
2    nurse, or licensed practical nurse experienced in
3    rendering end stage renal disease care is physically
4    present on the premises to oversee patient care; and
5        (2) adequate staff is present to meet the medical and
6    non-medical needs of each patient, as provided by this Act
7    and the rules adopted pursuant to this Act.
8(Source: P.A. 92-794, eff. 7-1-03.)
 
9    Section 135. The Hospital Licensing Act is amended by
10changing Sections 6.14g, 6.23a, 6.25, 10, 10.7, 10.8, and 10.9
11as follows:
 
12    (210 ILCS 85/6.14g)
13    Sec. 6.14g. Reports to the Department; opioid overdoses.
14    (a) As used in this Section:
15    "Overdose" has the same meaning as provided in Section 414
16of the Illinois Controlled Substances Act.
17    "Health care professional" includes a physician licensed
18to practice medicine in all its branches, a physician
19assistant, or an advanced practice registered nurse licensed in
20the State.
21    (b) When treatment is provided in a hospital's emergency
22department, a health care professional who treats a drug
23overdose or hospital administrator or designee shall report the
24case to the Department of Public Health within 48 hours of

 

 

10000SB0625sam001- 234 -LRB100 04131 SMS 22955 a

1providing treatment for the drug overdose or at such time the
2drug overdose is confirmed. The Department shall by rule create
3a form for this purpose which requires the following
4information, if known: (1) whether an opioid antagonist was
5administered; (2) the cause of the overdose; and (3) the
6demographic information of the person treated. The Department
7shall create the form with input from the statewide association
8representing a majority of hospitals in Illinois. The person
9completing the form may not disclose the name, address, or any
10other personal information of the individual experiencing the
11overdose.
12    (c) The identity of the person and entity reporting under
13this subsection shall not be disclosed to the subject of the
14report. For the purposes of this subsection, the health care
15professional, hospital administrator, or designee making the
16report and his or her employer shall not be held criminally,
17civilly, or professionally liable for reporting under this
18subsection, except for willful or wanton misconduct.
19    (d) The Department shall provide a semiannual report to the
20General Assembly summarizing the reports received. The
21Department shall also provide on its website a monthly report
22of drug overdose figures. The figures shall be organized by the
23overdose location, the age of the victim, the cause of the
24overdose, and any other factors the Department deems
25appropriate.
26(Source: P.A. 99-480, eff. 9-9-15.)
 

 

 

10000SB0625sam001- 235 -LRB100 04131 SMS 22955 a

1    (210 ILCS 85/6.23a)
2    Sec. 6.23a. Sepsis screening protocols.
3    (a) Each hospital shall adopt, implement, and periodically
4update evidence-based protocols for the early recognition and
5treatment of patients with sepsis, severe sepsis, or septic
6shock (sepsis protocols) that are based on generally accepted
7standards of care. Sepsis protocols must include components
8specific to the identification, care, and treatment of adults
9and of children, and must clearly identify where and when
10components will differ for adults and for children seeking
11treatment in the emergency department or as an inpatient. These
12protocols must also include the following components:
13        (1) a process for the screening and early recognition
14    of patients with sepsis, severe sepsis, or septic shock;
15        (2) a process to identify and document individuals
16    appropriate for treatment through sepsis protocols,
17    including explicit criteria defining those patients who
18    should be excluded from the protocols, such as patients
19    with certain clinical conditions or who have elected
20    palliative care;
21        (3) guidelines for hemodynamic support with explicit
22    physiologic and treatment goals, methodology for invasive
23    or non-invasive hemodynamic monitoring, and timeframe
24    goals;
25        (4) for infants and children, guidelines for fluid

 

 

10000SB0625sam001- 236 -LRB100 04131 SMS 22955 a

1    resuscitation consistent with current, evidence-based
2    guidelines for severe sepsis and septic shock with defined
3    therapeutic goals for children;
4        (5) identification of the infectious source and
5    delivery of early broad spectrum antibiotics with timely
6    re-evaluation to adjust to narrow spectrum antibiotics
7    targeted to identified infectious sources; and
8        (6) criteria for use, based on accepted evidence of
9    vasoactive agents.
10    (b) Each hospital shall ensure that professional staff with
11direct patient care responsibilities and, as appropriate,
12staff with indirect patient care responsibilities, including,
13but not limited to, laboratory and pharmacy staff, are
14periodically trained to implement the sepsis protocols
15required under subsection (a). The hospital shall ensure
16updated training of staff if the hospital initiates substantive
17changes to the sepsis protocols.
18    (c) Each hospital shall be responsible for the collection
19and utilization of quality measures related to the recognition
20and treatment of severe sepsis for purposes of internal quality
21improvement.
22    (d) The evidence-based protocols adopted under this
23Section shall be provided to the Department upon the
24Department's request.
25    (e) Hospitals submitting sepsis data as required by the
26Centers for Medicare and Medicaid Services Hospital Inpatient

 

 

10000SB0625sam001- 237 -LRB100 04131 SMS 22955 a

1Quality Reporting program as of fiscal year 2016 are presumed
2to meet the sepsis protocol requirements outlined in this
3Section.
4    (f) Subject to appropriation, the Department shall:
5        (1) recommend evidence-based sepsis definitions and
6    metrics that incorporate evidence-based findings,
7    including appropriate antibiotic stewardship, and that
8    align with the National Quality Forum, the Centers for
9    Medicare and Medicaid Services, the Agency for Healthcare
10    Research and Quality, and the Joint Commission;
11        (2) establish and use a methodology for collecting,
12    analyzing, and disclosing the information collected under
13    this Section, including collection methods, formatting,
14    and methods and means for aggregate data release and
15    dissemination;
16        (3) complete a digest of efforts and recommendations no
17    later than 12 months after the effective date of this
18    amendatory Act of the 99th General Assembly; the digest may
19    include Illinois-specific data, trends, conditions, or
20    other clinical factors; a summary shall be provided to the
21    Governor and General Assembly and shall be publicly
22    available on the Department's website; and
23        (4) consult and seek input and feedback prior to the
24    proposal, publication, or issuance of any guidance,
25    methodologies, metrics, rulemaking, or any other
26    information authorized under this Section from statewide

 

 

10000SB0625sam001- 238 -LRB100 04131 SMS 22955 a

1    organizations representing hospitals, physicians, advanced
2    practice registered nurses, pharmacists, and long-term
3    care facilities. Public and private hospitals,
4    epidemiologists, infection prevention professionals,
5    health care informatics and health care data
6    professionals, and academic researchers may be consulted.
7    If the Department receives an appropriation and carries out
8the requirements of paragraphs (1), (2), (3), and (4), then the
9Department may adopt rules concerning the collection of data
10from hospitals regarding sepsis and requiring that each
11hospital shall be responsible for reporting to the Department.
12    Any publicly released hospital-specific information under
13this Section is subject to data provisions specified in Section
1425 of the Hospital Report Card Act.
15(Source: P.A. 99-828, eff. 8-18-16.)
 
16    (210 ILCS 85/6.25)
17    Sec. 6.25. Safe patient handling policy.
18    (a) In this Section:
19    "Health care worker" means an individual providing direct
20patient care services who may be required to lift, transfer,
21reposition, or move a patient.
22    "Nurse" means an advanced practice registered nurse, a
23registered nurse, or a licensed practical nurse licensed under
24the Nurse Practice Act.
25    "Safe lifting equipment and accessories" means mechanical

 

 

10000SB0625sam001- 239 -LRB100 04131 SMS 22955 a

1equipment designed to lift, move, reposition, and transfer
2patients, including, but not limited to, fixed and portable
3ceiling lifts, sit-to-stand lifts, slide sheets and boards,
4slings, and repositioning and turning sheets.
5    "Safe lifting team" means at least 2 individuals who are
6trained in the use of both safe lifting techniques and safe
7lifting equipment and accessories, including the
8responsibility for knowing the location and condition of such
9equipment and accessories.
10    (b) A hospital must adopt and ensure implementation of a
11policy to identify, assess, and develop strategies to control
12risk of injury to patients and nurses and other health care
13workers associated with the lifting, transferring,
14repositioning, or movement of a patient. The policy shall
15establish a process that, at a minimum, includes all of the
16following:
17        (1) Analysis of the risk of injury to patients and
18    nurses and other health care workers posted by the patient
19    handling needs of the patient populations served by the
20    hospital and the physical environment in which the patient
21    handling and movement occurs.
22        (2) Education and training of nurses and other direct
23    patient care providers in the identification, assessment,
24    and control of risks of injury to patients and nurses and
25    other health care workers during patient handling and on
26    safe lifting policies and techniques and current lifting

 

 

10000SB0625sam001- 240 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 241 -LRB100 04131 SMS 22955 a

1    incorporate that equipment.
2        (9) Fostering and maintaining patient safety, dignity,
3    self-determination, and choice, including the following
4    policies, strategies, and procedures:
5            (A) the existence and availability of a trained
6        safe lifting team;
7            (B) a policy of advising patients 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 patient, or guardian
12        of a patient adjudicated incompetent, to choose among
13        the range of transfer and lift options, subject to the
14        provisions of subparagraph (E) of this paragraph (9);
15            (D) procedures for documenting, upon admission and
16        as status changes, a mobility assessment and plan for
17        lifting, transferring, repositioning, or movement of a
18        patient, including the choice of the patient or
19        patient's guardian among the range of transfer and lift
20        options; and
21            (E) incorporation of such safe lifting procedures,
22        techniques, and equipment as are consistent with
23        applicable federal law.
24(Source: P.A. 96-389, eff. 1-1-10; 96-1000, eff. 7-2-10;
2597-122, eff. 1-1-12.)
 

 

 

10000SB0625sam001- 242 -LRB100 04131 SMS 22955 a

1    (210 ILCS 85/10)  (from Ch. 111 1/2, par. 151)
2    Sec. 10. Board creation; Department rules.
3    (a) The Governor shall appoint a Hospital Licensing Board
4composed of 14 persons, which shall advise and consult with the
5Director in the administration of this Act. The Secretary of
6Human Services (or his or her designee) shall serve on the
7Board, along with one additional representative of the
8Department of Human Services to be designated by the Secretary.
9Four appointive members shall represent the general public and
102 of these shall be members of hospital governing boards; one
11appointive member shall be a registered professional nurse or
12advanced practice registered , nurse as defined in the Nurse
13Practice Act, who is employed in a hospital; 3 appointive
14members shall be hospital administrators actively engaged in
15the supervision or administration of hospitals; 2 appointive
16members shall be practicing physicians, licensed in Illinois to
17practice medicine in all of its branches; and one appointive
18member shall be a physician licensed to practice podiatric
19medicine under the Podiatric Medical Practice Act of 1987; and
20one appointive member shall be a dentist licensed to practice
21dentistry under the Illinois Dental Practice Act. In making
22Board appointments, the Governor shall give consideration to
23recommendations made through the Director by professional
24organizations concerned with hospital administration for the
25hospital administrative and governing board appointments,
26registered professional nurse organizations for the registered

 

 

10000SB0625sam001- 243 -LRB100 04131 SMS 22955 a

1professional nurse appointment, professional medical
2organizations for the physician appointments, and professional
3dental organizations for the dentist appointment.
4    (b) Each appointive member shall hold office for a term of
53 years, except that any member appointed to fill a vacancy
6occurring prior to the expiration of the term for which his
7predecessor was appointed shall be appointed for the remainder
8of such term and the terms of office of the members first
9taking office shall expire, as designated at the time of
10appointment, 2 at the end of the first year, 2 at the end of the
11second year, and 3 at the end of the third year, after the date
12of appointment. The initial terms of office of the 2 additional
13members representing the general public provided for in this
14Section shall expire at the end of the third year after the
15date of appointment. The term of office of each original
16appointee shall commence July 1, 1953; the term of office of
17the original registered professional nurse appointee shall
18commence July 1, 1969; the term of office of the original
19licensed podiatric physician appointee shall commence July 1,
201981; the term of office of the original dentist appointee
21shall commence July 1, 1987; and the term of office of each
22successor shall commence on July 1 of the year in which his
23predecessor's term expires. Board members, while serving on
24business of the Board, shall receive actual and necessary
25travel and subsistence expenses while so serving away from
26their places of residence. The Board shall meet as frequently

 

 

10000SB0625sam001- 244 -LRB100 04131 SMS 22955 a

1as the Director deems necessary, but not less than once a year.
2Upon request of 5 or more members, the Director shall call a
3meeting of the Board.
4    (c) The Director shall prescribe rules, regulations,
5standards, and statements of policy needed to implement,
6interpret, or make specific the provisions and purposes of this
7Act. The Department shall adopt rules which set forth standards
8for determining when the public interest, safety or welfare
9requires emergency action in relation to termination of a
10research program or experimental procedure conducted by a
11hospital licensed under this Act. No rule, regulation, or
12standard shall be adopted by the Department concerning the
13operation of hospitals licensed under this Act which has not
14had prior approval of the Hospital Licensing Board, nor shall
15the Department adopt any rule, regulation or standard relating
16to the establishment of a hospital without consultation with
17the Hospital Licensing Board.
18    (d) Within one year after August 7, 1984 (the effective
19date of Public Act 83-1248) this amendatory Act of 1984, all
20hospitals licensed under this Act and providing perinatal care
21shall comply with standards of perinatal care promulgated by
22the Department. The Director shall promulgate rules or
23regulations under this Act which are consistent with the
24Developmental Disability Prevention Act "An Act relating to the
25prevention of developmental disabilities", approved September
266, 1973, as amended.

 

 

10000SB0625sam001- 245 -LRB100 04131 SMS 22955 a

1(Source: P.A. 98-214, eff. 8-9-13; revised 10-26-16.)
 
2    (210 ILCS 85/10.7)
3    Sec. 10.7. Clinical privileges; advanced practice
4registered nurses. All hospitals licensed under this Act shall
5comply with the following requirements:
6        (1) No hospital policy, rule, regulation, or practice
7    shall 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 at the hospital. A
17    licensed physician, dentist, or podiatric physician may be
18    assisted by a physician licensed to practice medicine in
19    all its branches, dentist, dental assistant, podiatric
20    physician, licensed advanced practice registered nurse,
21    licensed physician assistant, licensed registered nurse,
22    licensed practical nurse, surgical assistant, surgical
23    technician, or other individuals granted clinical
24    privileges to assist in surgery at the hospital. Payment
25    for services rendered by an assistant in surgery who is not

 

 

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

 

 

10000SB0625sam001- 247 -LRB100 04131 SMS 22955 a

1    or her patients, except as otherwise provided in medical
2    staff bylaws. The medical staff shall periodically review
3    the services of advanced practice registered nurses
4    granted privileges. This review shall be conducted in
5    accordance with item (2) of subsection (a) of Section 10.8
6    of this Act for advanced practice registered nurses
7    employed by the hospital.
8        (4) The anesthesia service shall be under the direction
9    of a physician licensed to practice medicine in all its
10    branches who has had specialized preparation or experience
11    in the area or who has completed a residency in
12    anesthesiology. An anesthesiologist, Board certified or
13    Board eligible, is recommended. Anesthesia services may
14    only be administered pursuant to the order of a physician
15    licensed to practice medicine in all its branches, licensed
16    dentist, or licensed podiatric physician.
17            (A) The individuals who, with clinical privileges
18        granted at the hospital, may administer anesthesia
19        services are limited to the following:
20                (i) an anesthesiologist; or
21                (ii) a physician licensed to practice medicine
22            in all its branches; or
23                (iii) a dentist with authority to administer
24            anesthesia under Section 8.1 of the Illinois
25            Dental Practice Act; or
26                (iv) a licensed certified registered nurse

 

 

10000SB0625sam001- 248 -LRB100 04131 SMS 22955 a

1            anesthetist; or
2                (v) a podiatric physician licensed under the
3            Podiatric Medical Practice Act of 1987.
4            (B) For anesthesia services, an anesthesiologist
5        shall participate through discussion of and agreement
6        with the anesthesia plan and shall remain physically
7        present and be available on the premises during the
8        delivery of anesthesia services for diagnosis,
9        consultation, and treatment of emergency medical
10        conditions. In the absence of 24-hour availability of
11        anesthesiologists with medical staff privileges, an
12        alternate policy (requiring participation, presence,
13        and availability of a physician licensed to practice
14        medicine in all its branches) shall be developed by the
15        medical staff and licensed hospital in consultation
16        with the anesthesia service.
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

 

 

10000SB0625sam001- 249 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 250 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 251 -LRB100 04131 SMS 22955 a

1    physician within 30 days of the conclusion of the gathering
2    of the relevant information.
3    (b) Definitions. For the purpose of this Section:
4    "Employing entity" means a hospital licensed under the
5Hospital Licensing Act or a hospital affiliate.
6    "Employed physician" means a physician who receives an IRS
7W-2 form, or any successor federal income tax form, from an
8employing entity.
9    "Hospital" means a hospital licensed under the Hospital
10Licensing Act, except county hospitals as defined in subsection
11(c) of Section 15-1 of the Illinois Public Aid Code.
12    "Hospital affiliate" means a corporation, partnership,
13joint venture, limited liability company, or similar
14organization, other than a hospital, that is devoted primarily
15to the provision, management, or support of health care
16services and that directly or indirectly controls, is
17controlled by, or is under common control of the hospital.
18"Control" means having at least an equal or a majority
19ownership or membership interest. A hospital affiliate shall be
20100% owned or controlled by any combination of hospitals, their
21parent corporations, or physicians licensed to practice
22medicine in all its branches in Illinois. "Hospital affiliate"
23does not include a health maintenance organization regulated
24under the Health Maintenance Organization Act.
25    "Physician" means an individual licensed to practice
26medicine in all its branches in Illinois.

 

 

10000SB0625sam001- 252 -LRB100 04131 SMS 22955 a

1    "Professional judgment" means the exercise of a
2physician's independent clinical judgment in providing
3medically appropriate diagnoses, care, and treatment to a
4particular patient at a particular time. Situations in which an
5employing entity does not interfere with an employed
6physician's professional judgment include, without limitation,
7the following:
8        (1) practice restrictions based upon peer review of the
9    physician's clinical practice to assess quality of care and
10    utilization of resources in accordance with applicable
11    bylaws;
12        (2) supervision of physicians by appropriately
13    licensed medical directors, medical school faculty,
14    department chairpersons or directors, or supervising
15    physicians;
16        (3) written statements of ethical or religious
17    directives; and
18        (4) reasonable referral restrictions that do not, in
19    the reasonable professional judgment of the physician,
20    adversely affect the health or welfare of the patient.
21    (c) Private enforcement. An employed physician aggrieved
22by a violation of this Act may seek to obtain an injunction or
23reinstatement of employment with the employing entity as the
24court may deem appropriate. Nothing in this Section limits or
25abrogates any common law cause of action. Nothing in this
26Section shall be deemed to alter the law of negligence.

 

 

10000SB0625sam001- 253 -LRB100 04131 SMS 22955 a

1    (d) Department enforcement. The Department may enforce the
2provisions of this Section, but nothing in this Section shall
3require or permit the Department to license, certify, or
4otherwise investigate the activities of a hospital affiliate
5not otherwise required to be licensed by the Department.
6    (e) Retaliation prohibited. No employing entity shall
7retaliate against any employed physician for requesting a
8hearing or review under this Section. No action may be taken
9that affects the ability of a physician to practice during this
10review, except in circumstances where the medical staff bylaws
11authorize summary suspension.
12    (f) Physician collaboration. No employing entity shall
13adopt or enforce, either formally or informally, any policy,
14rule, regulation, or practice inconsistent with the provision
15of adequate collaboration, including medical direction of
16licensed advanced practice registered nurses or supervision of
17licensed physician assistants and delegation to other
18personnel under Section 54.5 of the Medical Practice Act of
191987.
20    (g) Physician disciplinary actions. Nothing in this
21Section shall be construed to limit or prohibit the governing
22body of an employing entity or its medical staff, if any, from
23taking disciplinary actions against a physician as permitted by
24law.
25    (h) Physician review. Nothing in this Section shall be
26construed to prohibit a hospital or hospital affiliate from

 

 

10000SB0625sam001- 254 -LRB100 04131 SMS 22955 a

1making a determination not to pay for a particular health care
2service or to prohibit a medical group, independent practice
3association, hospital medical staff, or hospital governing
4body from enforcing reasonable peer review or utilization
5review protocols or determining whether the employed physician
6complied with those protocols.
7    (i) Review. Nothing in this Section may be used or
8construed to establish that any activity of a hospital or
9hospital affiliate is subject to review under the Illinois
10Health Facilities Planning Act.
11    (j) Rules. The Department shall adopt any rules necessary
12to implement this Section.
13(Source: P.A. 92-455, eff. 9-30-01; revised 10-26-16.)
 
14    (210 ILCS 85/10.9)
15    Sec. 10.9. Nurse mandated overtime prohibited.
16    (a) Definitions. As used in this Section:
17    "Mandated overtime" means work that is required by the
18hospital in excess of an agreed-to, predetermined work shift.
19Time spent by nurses required to be available as a condition of
20employment in specialized units, such as surgical nursing
21services, shall not be counted or considered in calculating the
22amount of time worked for the purpose of applying the
23prohibition against mandated overtime under subsection (b).
24    "Nurse" means any advanced practice registered nurse,
25registered professional nurse, or licensed practical nurse, as

 

 

10000SB0625sam001- 255 -LRB100 04131 SMS 22955 a

1defined in the Nurse Practice Act, who receives an hourly wage
2and has direct responsibility to oversee or carry out nursing
3care. For the purposes of this Section, "advanced practice
4registered nurse" does not include a certified registered nurse
5anesthetist who is primarily engaged in performing the duties
6of a nurse anesthetist.
7    "Unforeseen emergent circumstance" means (i) any declared
8national, State, or municipal disaster or other catastrophic
9event, or any implementation of a hospital's disaster plan,
10that will substantially affect or increase the need for health
11care services or (ii) any circumstance in which patient care
12needs require specialized nursing skills through the
13completion of a procedure. An "unforeseen emergent
14circumstance" does not include situations in which the hospital
15fails to have enough nursing staff to meet the usual and
16reasonably predictable nursing needs of its patients.
17    (b) Mandated overtime prohibited. No nurse may be required
18to work mandated overtime except in the case of an unforeseen
19emergent circumstance when such overtime is required only as a
20last resort. Such mandated overtime shall not exceed 4 hours
21beyond an agreed-to, predetermined work shift.
22    (c) Off-duty period. When a nurse is mandated to work up to
2312 consecutive hours, the nurse must be allowed at least 8
24consecutive hours of off-duty time immediately following the
25completion of a shift.
26    (d) Retaliation prohibited. No hospital may discipline,

 

 

10000SB0625sam001- 256 -LRB100 04131 SMS 22955 a

1discharge, or take any other adverse employment action against
2a nurse solely because the nurse refused to work mandated
3overtime as prohibited under subsection (b).
4    (e) Violations. Any employee of a hospital that is subject
5to this Act may file a complaint with the Department of Public
6Health regarding an alleged violation of this Section. The
7complaint must be filed within 45 days following the occurrence
8of the incident giving rise to the alleged violation. The
9Department must forward notification of the alleged violation
10to the hospital in question within 3 business days after the
11complaint is filed. Upon receiving a complaint of a violation
12of this Section, the Department may take any action authorized
13under Section 7 or 9 of this Act.
14    (f) Proof of violation. Any violation of this Section must
15be proved by clear and convincing evidence that a nurse was
16required to work overtime against his or her will. The hospital
17may defeat the claim of a violation by presenting clear and
18convincing evidence that an unforeseen emergent circumstance,
19which required overtime work, existed at the time the employee
20was required or compelled to work.
21(Source: P.A. 94-349, eff. 7-28-05; 95-639, eff. 10-5-07.)
 
22    Section 140. The Illinois Insurance Code is amended by
23changing Section 356g.5 as follows:
 
24    (215 ILCS 5/356g.5)

 

 

10000SB0625sam001- 257 -LRB100 04131 SMS 22955 a

1    Sec. 356g.5. Clinical breast exam.
2    (a) The General Assembly finds that clinical breast
3examinations are a critical tool in the early detection of
4breast cancer, while the disease is in its earlier and
5potentially more treatable stages. Insurer reimbursement of
6clinical breast examinations is essential to the effort to
7reduce breast cancer deaths in Illinois.
8    (b) Every insurer shall provide, in each group or
9individual policy, contract, or certificate of accident or
10health insurance issued or renewed for persons who are
11residents of Illinois, coverage for complete and thorough
12clinical breast examinations as indicated by guidelines of
13practice, performed by a physician licensed to practice
14medicine in all its branches, a licensed advanced practice
15registered nurse, or a licensed physician assistant, to check
16for lumps and other changes for the purpose of early detection
17and prevention of breast cancer as follows:
18        (1) at least every 3 years for women at least 20 years
19    of age but less than 40 years of age; and
20        (2) annually for women 40 years of age or older.
21    (c) Upon approval of a nationally recognized separate and
22distinct clinical breast exam code that is compliant with all
23State and federal laws, rules, and regulations, public and
24private insurance plans shall take action to cover clinical
25breast exams on a separate and distinct basis.
26(Source: P.A. 99-173, eff. 7-29-15.)
 

 

 

10000SB0625sam001- 258 -LRB100 04131 SMS 22955 a

1    Section 145. The Illinois Dental Practice Act is amended by
2changing Sections 4 and 8.1 as follows:
 
3    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
4    (Section scheduled to be repealed on January 1, 2026)
5    Sec. 4. Definitions. As used in this Act:
6    "Address of record" means the designated address recorded
7by the Department in the applicant's or licensee's application
8file or license file as maintained by the Department's
9licensure maintenance unit. It is the duty of the applicant or
10licensee to inform the Department of any change of address and
11those changes must be made either through the Department's
12website or by contacting the Department.
13    "Department" means the Department of Financial and
14Professional Regulation.
15    "Secretary" means the Secretary of Financial and
16Professional Regulation.
17    "Board" means the Board of Dentistry.
18    "Dentist" means a person who has received a general license
19pursuant to paragraph (a) of Section 11 of this Act and who may
20perform any intraoral and extraoral procedure required in the
21practice of dentistry and to whom is reserved the
22responsibilities specified in Section 17.
23    "Dental hygienist" means a person who holds a license under
24this Act to perform dental services as authorized by Section

 

 

10000SB0625sam001- 259 -LRB100 04131 SMS 22955 a

118.
2    "Dental assistant" means an appropriately trained person
3who, under the supervision of a dentist, provides dental
4services as authorized by Section 17.
5    "Dental laboratory" means a person, firm or corporation
6which:
7        (i) engages in making, providing, repairing or
8    altering dental prosthetic appliances and other artificial
9    materials and devices which are returned to a dentist for
10    insertion into the human oral cavity or which come in
11    contact with its adjacent structures and tissues; and
12        (ii) utilizes or employs a dental technician to provide
13    such services; and
14        (iii) performs such functions only for a dentist or
15    dentists.
16    "Supervision" means supervision of a dental hygienist or a
17dental assistant requiring that a dentist authorize the
18procedure, remain in the dental facility while the procedure is
19performed, and approve the work performed by the dental
20hygienist or dental assistant before dismissal of the patient,
21but does not mean that the dentist must be present at all times
22in the treatment room.
23    "General supervision" means supervision of a dental
24hygienist requiring that the patient be a patient of record,
25that the dentist examine the patient in accordance with Section
2618 prior to treatment by the dental hygienist, and that the

 

 

10000SB0625sam001- 260 -LRB100 04131 SMS 22955 a

1dentist authorize the procedures which are being carried out by
2a notation in the patient's record, but not requiring that a
3dentist be present when the authorized procedures are being
4performed. The issuance of a prescription to a dental
5laboratory by a dentist does not constitute general
6supervision.
7    "Public member" means a person who is not a health
8professional. For purposes of board membership, any person with
9a significant financial interest in a health service or
10profession is not a public member.
11    "Dentistry" means the healing art which is concerned with
12the examination, diagnosis, treatment planning and care of
13conditions within the human oral cavity and its adjacent
14tissues and structures, as further specified in Section 17.
15    "Branches of dentistry" means the various specialties of
16dentistry which, for purposes of this Act, shall be limited to
17the following: endodontics, oral and maxillofacial surgery,
18orthodontics and dentofacial orthopedics, pediatric dentistry,
19periodontics, prosthodontics, and oral and maxillofacial
20radiology.
21    "Specialist" means a dentist who has received a specialty
22license pursuant to Section 11(b).
23    "Dental technician" means a person who owns, operates or is
24employed by a dental laboratory and engages in making,
25providing, repairing or altering dental prosthetic appliances
26and other artificial materials and devices which are returned

 

 

10000SB0625sam001- 261 -LRB100 04131 SMS 22955 a

1to a dentist for insertion into the human oral cavity or which
2come in contact with its adjacent structures and tissues.
3    "Impaired dentist" or "impaired dental hygienist" means a
4dentist or dental hygienist who is unable to practice with
5reasonable skill and safety because of a physical or mental
6disability as evidenced by a written determination or written
7consent based on clinical evidence, including deterioration
8through the aging process, loss of motor skills, abuse of drugs
9or alcohol, or a psychiatric disorder, of sufficient degree to
10diminish the person's ability to deliver competent patient
11care.
12    "Nurse" means a registered professional nurse, a certified
13registered nurse anesthetist licensed as an advanced practice
14registered nurse, or a licensed practical nurse licensed under
15the Nurse Practice Act.
16    "Patient of record" means a patient for whom the patient's
17most recent dentist has obtained a relevant medical and dental
18history and on whom the dentist has performed an examination
19and evaluated the condition to be treated.
20    "Dental responder" means a dentist or dental hygienist who
21is appropriately certified in disaster preparedness,
22immunizations, and dental humanitarian medical response
23consistent with the Society of Disaster Medicine and Public
24Health and training certified by the National Incident
25Management System or the National Disaster Life Support
26Foundation.

 

 

10000SB0625sam001- 262 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 263 -LRB100 04131 SMS 22955 a

1school-based health center or school-based oral health
2program.
3    "Public health supervision" means the supervision of a
4public health dental hygienist by a licensed dentist who has a
5written public health supervision agreement with that public
6health dental hygienist while working in an approved facility
7or program that allows the public health dental hygienist to
8treat patients, without a dentist first examining the patient
9and being present in the facility during treatment, (1) who are
10eligible for Medicaid or (2) who are uninsured and whose
11household income is not greater than 200% of the federal
12poverty level.
13(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15;
1499-680, eff. 1-1-17.)
 
15    (225 ILCS 25/8.1)  (from Ch. 111, par. 2308.1)
16    (Section scheduled to be repealed on January 1, 2026)
17    Sec. 8.1. Permit for the administration of anesthesia and
18sedation.
19    (a) No licensed dentist shall administer general
20anesthesia, deep sedation, or conscious sedation without first
21applying for and obtaining a permit for such purpose from the
22Department. The Department shall issue such permit only after
23ascertaining that the applicant possesses the minimum
24qualifications necessary to protect public safety. A person
25with a dental degree who administers anesthesia, deep sedation,

 

 

10000SB0625sam001- 264 -LRB100 04131 SMS 22955 a

1or conscious sedation in an approved hospital training program
2under the supervision of either a licensed dentist holding such
3permit or a physician licensed to practice medicine in all its
4branches shall not be required to obtain such permit.
5    (b) In determining the minimum permit qualifications that
6are necessary to protect public safety, the Department, by
7rule, shall:
8        (1) establish the minimum educational and training
9    requirements necessary for a dentist to be issued an
10    appropriate permit;
11        (2) establish the standards for properly equipped
12    dental facilities (other than licensed hospitals and
13    ambulatory surgical treatment centers) in which general
14    anesthesia, deep sedation, or conscious sedation is
15    administered, as necessary to protect public safety;
16        (3) establish minimum requirements for all persons who
17    assist the dentist in the administration of general
18    anesthesia, deep sedation, or conscious sedation,
19    including minimum training requirements for each member of
20    the dental team, monitoring requirements, recordkeeping
21    requirements, and emergency procedures; and
22        (4) ensure that the dentist and all persons assisting
23    the dentist or monitoring the administration of general
24    anesthesia, deep sedation, or conscious sedation maintain
25    current certification in Basic Life Support (BLS); and .
26        (5) establish continuing education requirements in

 

 

10000SB0625sam001- 265 -LRB100 04131 SMS 22955 a

1    sedation techniques for dentists who possess a permit under
2    this Section.
3    When establishing requirements under this Section, the
4Department shall consider the current American Dental
5Association guidelines on sedation and general anesthesia, the
6current "Guidelines for Monitoring and Management of Pediatric
7Patients During and After Sedation for Diagnostic and
8Therapeutic Procedures" established by the American Academy of
9Pediatrics and the American Academy of Pediatric Dentistry, and
10the current parameters of care and Office Anesthesia Evaluation
11(OAE) Manual established by the American Association of Oral
12and Maxillofacial Surgeons.
13    (c) A licensed dentist must hold an appropriate permit
14issued under this Section in order to perform dentistry while a
15nurse anesthetist administers conscious sedation, and a valid
16written collaborative agreement must exist between the dentist
17and the nurse anesthetist, in accordance with the Nurse
18Practice Act.
19    A licensed dentist must hold an appropriate permit issued
20under this Section in order to perform dentistry while a nurse
21anesthetist administers deep sedation or general anesthesia,
22and a valid written collaborative agreement must exist between
23the dentist and the nurse anesthetist, in accordance with the
24Nurse Practice Act.
25    For the purposes of this subsection (c), "nurse
26anesthetist" means a licensed certified registered nurse

 

 

10000SB0625sam001- 266 -LRB100 04131 SMS 22955 a

1anesthetist who holds a license as an advanced practice
2registered nurse.
3(Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328,
4eff. 8-11-09; revised 10-27-16.)
 
5    Section 150. The Health Care Worker Self-Referral Act is
6amended by changing Section 15 as follows:
 
7    (225 ILCS 47/15)
8    Sec. 15. Definitions. In this Act:
9    (a) "Board" means the Health Facilities and Services Review
10Board.
11    (b) "Entity" means any individual, partnership, firm,
12corporation, or other business that provides health services
13but does not include an individual who is a health care worker
14who provides professional services to an individual.
15    (c) "Group practice" means a group of 2 or more health care
16workers legally organized as a partnership, professional
17corporation, not-for-profit corporation, faculty practice plan
18or a similar association in which:
19        (1) each health care worker who is a member or employee
20    or an independent contractor of the group provides
21    substantially the full range of services that the health
22    care worker routinely provides, including consultation,
23    diagnosis, or treatment, through the use of office space,
24    facilities, equipment, or personnel of the group;

 

 

10000SB0625sam001- 267 -LRB100 04131 SMS 22955 a

1        (2) the services of the health care workers are
2    provided through the group, and payments received for
3    health services are treated as receipts of the group; and
4        (3) the overhead expenses and the income from the
5    practice are distributed by methods previously determined
6    by the group.
7    (d) "Health care worker" means any individual licensed
8under the laws of this State to provide health services,
9including but not limited to: dentists licensed under the
10Illinois Dental Practice Act; dental hygienists licensed under
11the Illinois Dental Practice Act; nurses and advanced practice
12registered nurses licensed under the Nurse Practice Act;
13occupational therapists licensed under the Illinois
14Occupational Therapy Practice Act; optometrists licensed under
15the Illinois Optometric Practice Act of 1987; pharmacists
16licensed under the Pharmacy Practice Act; physical therapists
17licensed under the Illinois Physical Therapy Act; physicians
18licensed under the Medical Practice Act of 1987; physician
19assistants licensed under the Physician Assistant Practice Act
20of 1987; podiatric physicians licensed under the Podiatric
21Medical Practice Act of 1987; clinical psychologists licensed
22under the Clinical Psychologist Licensing Act; clinical social
23workers licensed under the Clinical Social Work and Social Work
24Practice Act; speech-language pathologists and audiologists
25licensed under the Illinois Speech-Language Pathology and
26Audiology Practice Act; or hearing instrument dispensers

 

 

10000SB0625sam001- 268 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 269 -LRB100 04131 SMS 22955 a

1    practice that provides health services.
2        (2) The request or establishment by a health care
3    worker of a plan of care outside the health care worker's
4    office practice or group practice that includes the
5    provision of any health services.
6(Source: P.A. 98-214, eff. 8-9-13.)
 
7    Section 155. The Medical Practice Act of 1987 is amended by
8changing Sections 8.1, 22, 54.2, and 54.5 as follows:
 
9    (225 ILCS 60/8.1)
10    (Section scheduled to be repealed on December 31, 2017)
11    Sec. 8.1. Matters concerning advanced practice registered
12nurses. Any proposed rules, amendments, second notice
13materials and adopted rule or amendment materials, and policy
14statements concerning advanced practice registered nurses
15shall be presented to the Licensing Board for review and
16comment. The recommendations of both the Board of Nursing and
17the Licensing Board shall be presented to the Secretary for
18consideration in making final decisions. Whenever the Board of
19Nursing and the Licensing Board disagree on a proposed rule or
20policy, the Secretary shall convene a joint meeting of the
21officers of each Board to discuss the resolution of any such
22disagreements.
23(Source: P.A. 97-622, eff. 11-23-11.)
 

 

 

10000SB0625sam001- 270 -LRB100 04131 SMS 22955 a

1    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
2    (Section scheduled to be repealed on December 31, 2017)
3    Sec. 22. Disciplinary action.
4    (A) The Department may revoke, suspend, place on probation,
5reprimand, refuse to issue or renew, or take any other
6disciplinary or non-disciplinary action as the Department may
7deem proper with regard to the license or permit of any person
8issued under this Act, including imposing fines not to exceed
9$10,000 for each violation, upon any of the following grounds:
10        (1) Performance of an elective abortion in any place,
11    locale, facility, or institution other than:
12            (a) a facility licensed pursuant to the Ambulatory
13        Surgical Treatment Center Act;
14            (b) an institution licensed under the Hospital
15        Licensing Act;
16            (c) an ambulatory surgical treatment center or
17        hospitalization or care facility maintained by the
18        State or any agency thereof, where such department or
19        agency has authority under law to establish and enforce
20        standards for the ambulatory surgical treatment
21        centers, hospitalization, or care facilities under its
22        management and control;
23            (d) ambulatory surgical treatment centers,
24        hospitalization or care facilities maintained by the
25        Federal Government; or
26            (e) ambulatory surgical treatment centers,

 

 

10000SB0625sam001- 271 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 272 -LRB100 04131 SMS 22955 a

1    procuring, a license under this Act or in connection with
2    applying for renewal of a license under this Act.
3        (10) Making a false or misleading statement regarding
4    their skill or the efficacy or value of the medicine,
5    treatment, or remedy prescribed by them at their direction
6    in the treatment of any disease or other condition of the
7    body or mind.
8        (11) Allowing another person or organization to use
9    their license, procured under this Act, to practice.
10        (12) Adverse action taken by another state or
11    jurisdiction against a license or other authorization to
12    practice as a medical doctor, doctor of osteopathy, doctor
13    of osteopathic medicine or doctor of chiropractic, a
14    certified copy of the record of the action taken by the
15    other state or jurisdiction being prima facie evidence
16    thereof. This includes any adverse action taken by a State
17    or federal agency that prohibits a medical doctor, doctor
18    of osteopathy, doctor of osteopathic medicine, or doctor of
19    chiropractic from providing services to the agency's
20    participants.
21        (13) Violation of any provision of this Act or of the
22    Medical Practice Act prior to the repeal of that Act, or
23    violation of the rules, or a final administrative action of
24    the Secretary, after consideration of the recommendation
25    of the Disciplinary Board.
26        (14) Violation of the prohibition against fee

 

 

10000SB0625sam001- 273 -LRB100 04131 SMS 22955 a

1    splitting in Section 22.2 of this Act.
2        (15) A finding by the Disciplinary Board that the
3    registrant after having his or her license placed on
4    probationary status or subjected to conditions or
5    restrictions violated the terms of the probation or failed
6    to comply with such terms or conditions.
7        (16) Abandonment of a patient.
8        (17) Prescribing, selling, administering,
9    distributing, giving or self-administering any drug
10    classified as a controlled substance (designated product)
11    or narcotic for other than medically accepted therapeutic
12    purposes.
13        (18) Promotion of the sale of drugs, devices,
14    appliances or goods provided for a patient in such manner
15    as to exploit the patient for financial gain of the
16    physician.
17        (19) Offering, undertaking or agreeing to cure or treat
18    disease by a secret method, procedure, treatment or
19    medicine, or the treating, operating or prescribing for any
20    human condition by a method, means or procedure which the
21    licensee refuses to divulge upon demand of the Department.
22        (20) Immoral conduct in the commission of any act
23    including, but not limited to, commission of an act of
24    sexual misconduct related to the licensee's practice.
25        (21) Wilfully making or filing false records or reports
26    in his or her practice as a physician, including, but not

 

 

10000SB0625sam001- 274 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 275 -LRB100 04131 SMS 22955 a

1    under the Illinois Public Aid Code.
2        (26) A pattern of practice or other behavior which
3    demonstrates incapacity or incompetence to practice under
4    this Act.
5        (27) Mental illness or disability which results in the
6    inability to practice under this Act with reasonable
7    judgment, skill or safety.
8        (28) Physical illness, including, but not limited to,
9    deterioration through the aging process, or loss of motor
10    skill which results in a physician's inability to practice
11    under this Act with reasonable judgment, skill or safety.
12        (29) Cheating on or attempt to subvert the licensing
13    examinations administered under this Act.
14        (30) Wilfully or negligently violating the
15    confidentiality between physician and patient except as
16    required by law.
17        (31) The use of any false, fraudulent, or deceptive
18    statement in any document connected with practice under
19    this Act.
20        (32) Aiding and abetting an individual not licensed
21    under this Act in the practice of a profession licensed
22    under this Act.
23        (33) Violating state or federal laws or regulations
24    relating to controlled substances, legend drugs, or
25    ephedra as defined in the Ephedra Prohibition Act.
26        (34) Failure to report to the Department any adverse

 

 

10000SB0625sam001- 276 -LRB100 04131 SMS 22955 a

1    final action taken against them by another licensing
2    jurisdiction (any other state or any territory of the
3    United States or any foreign state or country), by any peer
4    review body, by any health care institution, by any
5    professional society or association related to practice
6    under this Act, by any governmental agency, by any law
7    enforcement agency, or by any court for acts or conduct
8    similar to acts or conduct which would constitute grounds
9    for action as defined in this Section.
10        (35) Failure to report to the Department surrender of a
11    license or authorization to practice as a medical doctor, a
12    doctor of osteopathy, a doctor of osteopathic medicine, or
13    doctor of chiropractic in another state or jurisdiction, or
14    surrender of membership on any medical staff or in any
15    medical or professional association or society, while
16    under disciplinary investigation by any of those
17    authorities or bodies, for acts or conduct similar to acts
18    or conduct which would constitute grounds for action as
19    defined in this Section.
20        (36) Failure to report to the Department any adverse
21    judgment, settlement, or award arising from a liability
22    claim related to acts or conduct similar to acts or conduct
23    which would constitute grounds for action as defined in
24    this Section.
25        (37) Failure to provide copies of medical records as
26    required by law.

 

 

10000SB0625sam001- 277 -LRB100 04131 SMS 22955 a

1        (38) Failure to furnish the Department, its
2    investigators or representatives, relevant information,
3    legally requested by the Department after consultation
4    with the Chief Medical Coordinator or the Deputy Medical
5    Coordinator.
6        (39) Violating the Health Care Worker Self-Referral
7    Act.
8        (40) Willful failure to provide notice when notice is
9    required under the Parental Notice of Abortion Act of 1995.
10        (41) Failure to establish and maintain records of
11    patient care and treatment as required by this law.
12        (42) Entering into an excessive number of written
13    collaborative agreements with licensed advanced practice
14    registered nurses resulting in an inability to adequately
15    collaborate.
16        (43) Repeated failure to adequately collaborate with a
17    licensed advanced practice registered nurse.
18        (44) Violating the Compassionate Use of Medical
19    Cannabis Pilot Program Act.
20        (45) Entering into an excessive number of written
21    collaborative agreements with licensed prescribing
22    psychologists resulting in an inability to adequately
23    collaborate.
24        (46) Repeated failure to adequately collaborate with a
25    licensed prescribing psychologist.
26    Except for actions involving the ground numbered (26), all

 

 

10000SB0625sam001- 278 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 279 -LRB100 04131 SMS 22955 a

1included within any period of time limiting the commencement of
2disciplinary action by the Department.
3    The entry of an order or judgment by any circuit court
4establishing that any person holding a license under this Act
5is a person in need of mental treatment operates as a
6suspension of that license. That person may resume their
7practice only upon the entry of a Departmental order based upon
8a finding by the Disciplinary Board that they have been
9determined to be recovered from mental illness by the court and
10upon the Disciplinary Board's recommendation that they be
11permitted to resume their practice.
12    The Department may refuse to issue or take disciplinary
13action concerning the license of any person who fails to file a
14return, or to pay the tax, penalty or interest shown in a filed
15return, or to pay any final assessment of tax, penalty or
16interest, as required by any tax Act administered by the
17Illinois Department of Revenue, until such time as the
18requirements of any such tax Act are satisfied as determined by
19the Illinois Department of Revenue.
20    The Department, upon the recommendation of the
21Disciplinary Board, shall adopt rules which set forth standards
22to be used in determining:
23        (a) when a person will be deemed sufficiently
24    rehabilitated to warrant the public trust;
25        (b) what constitutes dishonorable, unethical or
26    unprofessional conduct of a character likely to deceive,

 

 

10000SB0625sam001- 280 -LRB100 04131 SMS 22955 a

1    defraud, or harm the public;
2        (c) what constitutes immoral conduct in the commission
3    of any act, including, but not limited to, commission of an
4    act of sexual misconduct related to the licensee's
5    practice; and
6        (d) what constitutes gross negligence in the practice
7    of medicine.
8    However, no such rule shall be admissible into evidence in
9any civil action except for review of a licensing or other
10disciplinary action under this Act.
11    In enforcing this Section, the Disciplinary Board or the
12Licensing Board, upon a showing of a possible violation, may
13compel, in the case of the Disciplinary Board, any individual
14who is licensed to practice under this Act or holds a permit to
15practice under this Act, or, in the case of the Licensing
16Board, any individual who has applied for licensure or a permit
17pursuant to this Act, to submit to a mental or physical
18examination and evaluation, or both, which may include a
19substance abuse or sexual offender evaluation, as required by
20the Licensing Board or Disciplinary Board and at the expense of
21the Department. The Disciplinary Board or Licensing Board shall
22specifically designate the examining physician licensed to
23practice medicine in all of its branches or, if applicable, the
24multidisciplinary team involved in providing the mental or
25physical examination and evaluation, or both. The
26multidisciplinary team shall be led by a physician licensed to

 

 

10000SB0625sam001- 281 -LRB100 04131 SMS 22955 a

1practice medicine in all of its branches and may consist of one
2or more or a combination of physicians licensed to practice
3medicine in all of its branches, licensed chiropractic
4physicians, licensed clinical psychologists, licensed clinical
5social workers, licensed clinical professional counselors, and
6other professional and administrative staff. Any examining
7physician or member of the multidisciplinary team may require
8any person ordered to submit to an examination and evaluation
9pursuant to this Section to submit to any additional
10supplemental testing deemed necessary to complete any
11examination or evaluation process, including, but not limited
12to, blood testing, urinalysis, psychological testing, or
13neuropsychological testing. The Disciplinary Board, the
14Licensing Board, or the Department may order the examining
15physician or any member of the multidisciplinary team to
16provide to the Department, the Disciplinary Board, or the
17Licensing Board any and all records, including business
18records, that relate to the examination and evaluation,
19including any supplemental testing performed. The Disciplinary
20Board, the Licensing Board, or the Department may order the
21examining physician or any member of the multidisciplinary team
22to present testimony concerning this examination and
23evaluation of the licensee, permit holder, or applicant,
24including testimony concerning any supplemental testing or
25documents relating to the examination and evaluation. No
26information, report, record, or other documents in any way

 

 

10000SB0625sam001- 282 -LRB100 04131 SMS 22955 a

1related to the examination and evaluation shall be excluded by
2reason of any common law or statutory privilege relating to
3communication between the licensee, permit holder, or
4applicant and the examining physician or any member of the
5multidisciplinary team. No authorization is necessary from the
6licensee, permit holder, or applicant ordered to undergo an
7evaluation and examination for the examining physician or any
8member of the multidisciplinary team to provide information,
9reports, records, or other documents or to provide any
10testimony regarding the examination and evaluation. The
11individual to be examined may have, at his or her own expense,
12another physician of his or her choice present during all
13aspects of the examination. Failure of any individual to submit
14to mental or physical examination and evaluation, or both, when
15directed, shall result in an automatic suspension, without
16hearing, until such time as the individual submits to the
17examination. If the Disciplinary Board or Licensing Board finds
18a physician unable to practice following an examination and
19evaluation because of the reasons set forth in this Section,
20the Disciplinary Board or Licensing Board shall require such
21physician to submit to care, counseling, or treatment by
22physicians, or other health care professionals, approved or
23designated by the Disciplinary Board, as a condition for
24issued, continued, reinstated, or renewed licensure to
25practice. Any physician, whose license was granted pursuant to
26Sections 9, 17, or 19 of this Act, or, continued, reinstated,

 

 

10000SB0625sam001- 283 -LRB100 04131 SMS 22955 a

1renewed, disciplined or supervised, subject to such terms,
2conditions or restrictions who shall fail to comply with such
3terms, conditions or restrictions, or to complete a required
4program of care, counseling, or treatment, as determined by the
5Chief Medical Coordinator or Deputy Medical Coordinators,
6shall be referred to the Secretary for a determination as to
7whether the licensee shall have their license suspended
8immediately, pending a hearing by the Disciplinary Board. In
9instances in which the Secretary immediately suspends a license
10under this Section, a hearing upon such person's license must
11be convened by the Disciplinary Board within 15 days after such
12suspension and completed without appreciable delay. The
13Disciplinary Board shall have the authority to review the
14subject physician's record of treatment and counseling
15regarding the impairment, to the extent permitted by applicable
16federal statutes and regulations safeguarding the
17confidentiality of medical records.
18    An individual licensed under this Act, affected under this
19Section, shall be afforded an opportunity to demonstrate to the
20Disciplinary Board that they can resume practice in compliance
21with acceptable and prevailing standards under the provisions
22of their license.
23    The Department may promulgate rules for the imposition of
24fines in disciplinary cases, not to exceed $10,000 for each
25violation of this Act. Fines may be imposed in conjunction with
26other forms of disciplinary action, but shall not be the

 

 

10000SB0625sam001- 284 -LRB100 04131 SMS 22955 a

1exclusive disposition of any disciplinary action arising out of
2conduct resulting in death or injury to a patient. Any funds
3collected from such fines shall be deposited in the Illinois
4State Medical Disciplinary Fund.
5    All fines imposed under this Section shall be paid within
660 days after the effective date of the order imposing the fine
7or in accordance with the terms set forth in the order imposing
8the fine.
9    (B) The Department shall revoke the license or permit
10issued under this Act to practice medicine or a chiropractic
11physician who has been convicted a second time of committing
12any felony under the Illinois Controlled Substances Act or the
13Methamphetamine Control and Community Protection Act, or who
14has been convicted a second time of committing a Class 1 felony
15under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
16person whose license or permit is revoked under this subsection
17B shall be prohibited from practicing medicine or treating
18human ailments without the use of drugs and without operative
19surgery.
20    (C) The Department shall not revoke, suspend, place on
21probation, reprimand, refuse to issue or renew, or take any
22other disciplinary or non-disciplinary action against the
23license or permit issued under this Act to practice medicine to
24a physician based solely upon the recommendation of the
25physician to an eligible patient regarding, or prescription
26for, or treatment with, an investigational drug, biological

 

 

10000SB0625sam001- 285 -LRB100 04131 SMS 22955 a

1product, or device.
2    (D) The Disciplinary Board shall recommend to the
3Department civil penalties and any other appropriate
4discipline in disciplinary cases when the Board finds that a
5physician willfully performed an abortion with actual
6knowledge that the person upon whom the abortion has been
7performed is a minor or an incompetent person without notice as
8required under the Parental Notice of Abortion Act of 1995.
9Upon the Board's recommendation, the Department shall impose,
10for the first violation, a civil penalty of $1,000 and for a
11second or subsequent violation, a civil penalty of $5,000.
12(Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
1398-1140, eff. 12-30-14; 99-270, eff. 1-1-16; 99-933, eff.
141-27-17.)
 
15    (225 ILCS 60/54.2)
16    (Section scheduled to be repealed on December 31, 2017)
17    Sec. 54.2. Physician delegation of authority.
18    (a) Nothing in this Act shall be construed to limit the
19delegation of patient care tasks or duties by a physician, to a
20licensed practical nurse, a registered professional nurse, or
21other licensed person practicing within the scope of his or her
22individual licensing Act. Delegation by a physician licensed to
23practice medicine in all its branches to physician assistants
24or advanced practice registered nurses is also addressed in
25Section 54.5 of this Act. No physician may delegate any patient

 

 

10000SB0625sam001- 286 -LRB100 04131 SMS 22955 a

1care task or duty that is statutorily or by rule mandated to be
2performed by a physician.
3    (b) In an office or practice setting and within a
4physician-patient relationship, a physician may delegate
5patient care tasks or duties to an unlicensed person who
6possesses appropriate training and experience provided a
7health care professional, who is practicing within the scope of
8such licensed professional's individual licensing Act, is on
9site to provide assistance.
10    (c) Any such patient care task or duty delegated to a
11licensed or unlicensed person must be within the scope of
12practice, education, training, or experience of the delegating
13physician and within the context of a physician-patient
14relationship.
15    (d) Nothing in this Section shall be construed to affect
16referrals for professional services required by law.
17    (e) The Department shall have the authority to promulgate
18rules concerning a physician's delegation, including but not
19limited to, the use of light emitting devices for patient care
20or treatment.
21    (f) Nothing in this Act shall be construed to limit the
22method of delegation that may be authorized by any means,
23including, but not limited to, oral, written, electronic,
24standing orders, protocols, guidelines, or verbal orders.
25(Source: P.A. 96-618, eff. 1-1-10; 97-622, eff. 11-23-11.)
 

 

 

10000SB0625sam001- 287 -LRB100 04131 SMS 22955 a

1    (225 ILCS 60/54.5)
2    (Section scheduled to be repealed on December 31, 2017)
3    Sec. 54.5. Physician delegation of authority to physician
4assistants, advanced practice registered nurses, and
5prescribing psychologists.
6    (a) Physicians licensed to practice medicine in all its
7branches may delegate care and treatment responsibilities to a
8physician assistant under guidelines in accordance with the
9requirements of the Physician Assistant Practice Act of 1987. A
10physician licensed to practice medicine in all its branches may
11enter into supervising physician agreements with no more than 5
12physician assistants as set forth in subsection (a) of Section
137 of the Physician Assistant Practice Act of 1987.
14    (b) A physician licensed to practice medicine in all its
15branches in active clinical practice may collaborate with an
16advanced practice registered nurse in accordance with the
17requirements of the Nurse Practice Act. Collaboration is for
18the purpose of providing medical consultation, and no
19employment relationship is required. A written collaborative
20agreement shall conform to the requirements of Section 65-35 of
21the Nurse Practice Act. The written collaborative agreement
22shall be for services in the same area of practice or specialty
23as the collaborating physician in his or her clinical medical
24practice. A written collaborative agreement shall be adequate
25with respect to collaboration with advanced practice
26registered nurses if all of the following apply:

 

 

10000SB0625sam001- 288 -LRB100 04131 SMS 22955 a

1        (1) The agreement is written to promote the exercise of
2    professional judgment by the advanced practice registered
3    nurse commensurate with his or her education and
4    experience.
5        (2) The advanced advance practice registered nurse
6    provides services based upon a written collaborative
7    agreement with the collaborating physician, except as set
8    forth in subsection (b-5) of this Section. With respect to
9    labor and delivery, the collaborating physician must
10    provide delivery services in order to participate with a
11    certified nurse midwife.
12        (3) Methods of communication are available with the
13    collaborating physician in person or through
14    telecommunications for consultation, collaboration, and
15    referral as needed to address patient care needs.
16    (b-5) An anesthesiologist or physician licensed to
17practice medicine in all its branches may collaborate with a
18certified registered nurse anesthetist in accordance with
19Section 65-35 of the Nurse Practice Act for the provision of
20anesthesia services. With respect to the provision of
21anesthesia services, the collaborating anesthesiologist or
22physician shall have training and experience in the delivery of
23anesthesia services consistent with Department rules.
24Collaboration shall be adequate if:
25        (1) an anesthesiologist or a physician participates in
26    the joint formulation and joint approval of orders or

 

 

10000SB0625sam001- 289 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 290 -LRB100 04131 SMS 22955 a

1standing delegation order, or other order or guideline
2authorizing a prescribing psychologist, physician assistant,
3or advanced practice registered nurse to perform acts, unless
4the physician has reason to believe the prescribing
5psychologist, physician assistant, or advanced practice
6registered nurse lacked the competency to perform the act or
7acts or commits willful and wanton misconduct.
8    (f) A collaborating physician may, but is not required to,
9delegate prescriptive authority to an advanced practice
10registered nurse as part of a written collaborative agreement,
11and the delegation of prescriptive authority shall conform to
12the requirements of Section 65-40 of the Nurse Practice Act.
13    (g) A supervising physician may, but is not required to,
14delegate prescriptive authority to a physician assistant as
15part of a written supervision agreement, and the delegation of
16prescriptive authority shall conform to the requirements of
17Section 7.5 of the Physician Assistant Practice Act of 1987.
18    (h) (Blank).
19    (i) A collaborating physician shall delegate prescriptive
20authority to a prescribing psychologist as part of a written
21collaborative agreement, and the delegation of prescriptive
22authority shall conform to the requirements of Section 4.3 of
23the Clinical Psychologist Licensing Act.
24(Source: P.A. 98-192, eff. 1-1-14; 98-668, eff. 6-25-14;
2599-173, eff. 7-29-15.)
 

 

 

10000SB0625sam001- 291 -LRB100 04131 SMS 22955 a

1    Section 160. The Nurse Practice Act is amended by changing
2Sections 50-10, 50-15, 50-20, 50-50, 50-55, 50-60, 50-65,
350-70, 50-75, 55-10, 55-20, 55-30, 60-5, 60-10, 60-25, 60-35,
465-5, 65-10, 65-15, 65-20, 65-25, 65-30, 65-35, 65-35.1, 65-40,
565-45, 65-50, 65-55, 65-65, 70-5, 70-10, 70-20, 70-35, 70-40,
670-50, 70-60, 70-75, 70-80, 70-85, 70-100, 70-140, 70-145,
770-160, 75-10, 75-15, 75-20, 80-15, and 80-35 and the heading
8of Articles 65 and 75 and by adding Sections 50-13, 50-26,
955-11, 60-11, 70-81, and 70-103 as follows:
 
10    (225 ILCS 65/50-10)   (was 225 ILCS 65/5-10)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 50-10. Definitions. Each of the following terms, when
13used in this Act, shall have the meaning ascribed to it in this
14Section, except where the context clearly indicates otherwise:
15    "Academic year" means the customary annual schedule of
16courses at a college, university, or approved school,
17customarily regarded as the school year as distinguished from
18the calendar year.
19    "Address of record" means the designated address recorded
20by the Department in the applicant's or licensee's application
21file or license file as maintained by the Department's
22licensure maintenance unit.
23    "Advanced practice registered nurse" or "APRN" "APN" means
24a person who has met the qualifications for a (i) certified
25nurse midwife (CNM); (ii) certified nurse practitioner (CNP);

 

 

10000SB0625sam001- 292 -LRB100 04131 SMS 22955 a

1(iii) certified registered nurse anesthetist (CRNA); or (iv)
2clinical nurse specialist (CNS) and has been licensed by the
3Department. All advanced practice registered nurses licensed
4and practicing in the State of Illinois shall use the title
5APRN APN and may use specialty credentials CNM, CNP, CRNA, or
6CNS after their name. All advanced practice registered nurses
7may only practice in accordance with national certification and
8this Act.
9    "Advisory Board" means the Illinois Nursing Workforce
10Center Advisory Board.
11    "Approved program of professional nursing education" and
12"approved program of practical nursing education" are programs
13of professional or practical nursing, respectively, approved
14by the Department under the provisions of this Act.
15    "Board" means the Board of Nursing appointed by the
16Secretary.
17    "Center" means the Illinois Nursing Workforce Center.
18    "Collaboration" means a process involving 2 or more health
19care professionals working together, each contributing one's
20respective area of expertise to provide more comprehensive
21patient care.
22    "Competence" means an expected and measurable level of
23performance that integrates knowledge, skills, abilities, and
24judgment based on established scientific knowledge and
25expectations for nursing practice.
26    "Consultation" means the process whereby an advanced

 

 

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1practice registered nurse seeks the advice or opinion of
2another health care professional.
3    "Credentialed" means the process of assessing and
4validating the qualifications of a health care professional.
5    "Current nursing practice update course" means a planned
6nursing education curriculum approved by the Department
7consisting of activities that have educational objectives,
8instructional methods, content or subject matter, clinical
9practice, and evaluation methods, related to basic review and
10updating content and specifically planned for those nurses
11previously licensed in the United States or its territories and
12preparing for reentry into nursing practice.
13    "Dentist" means a person licensed to practice dentistry
14under the Illinois Dental Practice Act.
15    "Department" means the Department of Financial and
16Professional Regulation.
17    "Email address of record" means the designated email
18address recorded by the Department in the applicant's
19application file or the licensee's license file, as maintained
20by the Department's licensure maintenance unit.
21    "Focused nursing assessment" means an appraisal of an
22individual's status and current situation, contributing to the
23comprehensive assessment by the registered professional nurse,
24advanced practice registered nurse, physician assistant,
25physician, dentist, podiatric physician, or other licensed
26health care professional, as determined by the Department,

 

 

10000SB0625sam001- 294 -LRB100 04131 SMS 22955 a

1supporting ongoing data collection, and deciding who needs to
2be informed of the information and when to inform.
3    "Hospital affiliate" means a corporation, partnership,
4joint venture, limited liability company, or similar
5organization, other than a hospital, that is devoted primarily
6to the provision, management, or support of health care
7services and that directly or indirectly controls, is
8controlled by, or is under common control of the hospital. For
9the purposes of this definition, "control" means having at
10least an equal or a majority ownership or membership interest.
11A hospital affiliate shall be 100% owned or controlled by any
12combination of hospitals, their parent corporations, or
13physicians licensed to practice medicine in all its branches in
14Illinois. "Hospital affiliate" does not include a health
15maintenance organization regulated under the Health
16Maintenance Organization Act.
17    "Impaired nurse" means a nurse licensed under this Act who
18is unable to practice with reasonable skill and safety because
19of a physical or mental disability as evidenced by a written
20determination or written consent based on clinical evidence,
21including loss of motor skills, abuse of drugs or alcohol, or a
22psychiatric disorder, of sufficient degree to diminish his or
23her ability to deliver competent patient care.
24    "License-pending advanced practice registered nurse" means
25a registered professional nurse who has completed all
26requirements for licensure as an advanced practice registered

 

 

10000SB0625sam001- 295 -LRB100 04131 SMS 22955 a

1nurse except the certification examination and has applied to
2take the next available certification exam and received a
3temporary permit license from the Department.
4    "License-pending registered nurse" means a person who has
5passed the Department-approved registered nurse licensure exam
6and has applied for a license from the Department. A
7license-pending registered nurse shall use the title "RN lic
8pend" on all documentation related to nursing practice.
9    "Monitoring" means an active process in which the
10registered professional nurse or advanced practice registered
11nurse directs, guides, and evaluates the outcomes of a nursing
12intervention as a component of patient care coordination. The
13monitoring process may occur in person, by phone, in writing,
14or by electronic telecommunication.
15    "Nursing intervention" means any treatment based on
16clinical nursing judgment or knowledge that a nurse performs.
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.".

 

 

10000SB0625sam001- 296 -LRB100 04131 SMS 22955 a

1    "Practical nursing" means the performance of nursing
2interventions acts requiring the basic nursing knowledge,
3judgment, and skill acquired by means of completion of an
4approved practical nursing education program. Practical
5nursing includes assisting in the nursing process at the
6direction of as delegated by a registered professional nurse or
7an advanced practice registered nurse. The practical nurse may
8work under the direction of a licensed physician, dentist,
9podiatric physician, or other health care professional
10determined by the Department.
11    "Privileged" means the authorization granted by the
12governing body of a healthcare facility, agency, or
13organization to provide specific patient care services within
14well-defined limits, based on qualifications reviewed in the
15credentialing process.
16    "Registered Nurse" or "Registered Professional Nurse"
17means a person who is licensed as a professional nurse under
18this Act and practices nursing as defined in this Act. Only a
19registered nurse licensed under this Act is entitled to use the
20titles "registered nurse" and "registered professional nurse"
21and the abbreviation, "R.N.".
22    "Registered professional nursing practice" means a
23scientific process founded on a professional body of knowledge
24that includes, but is not limited to, the protection,
25promotion, and optimization of health and abilities,
26prevention of illness and injury, facilitation of nursing

 

 

10000SB0625sam001- 297 -LRB100 04131 SMS 22955 a

1interventions to alleviate suffering through care coordination
2and advocacy in the care of individuals, families, groups,
3communities, and populations. "Registered professional nursing
4practice" does not include the act of medical diagnosis or
5prescription of medical therapeutic or corrective measures. is
6a scientific process founded on a professional body of
7knowledge; it is a learned profession based on the
8understanding of the human condition across the life span and
9environment and includes all nursing specialties and means the
10performance of any nursing act based upon professional
11knowledge, judgment, and skills acquired by means of completion
12of an approved professional nursing education program. A
13registered professional nurse provides holistic nursing care
14through the nursing process to individuals, groups, families,
15or communities, that includes but is not limited to: (1) the
16assessment of healthcare needs, nursing diagnosis, planning,
17implementation, and nursing evaluation; (2) the promotion,
18maintenance, and restoration of health; (3) counseling,
19patient education, health education, and patient advocacy; (4)
20the administration of medications and treatments as prescribed
21by a physician licensed to practice medicine in all of its
22branches, a licensed dentist, a licensed podiatric physician,
23or a licensed optometrist or as prescribed by a physician
24assistant or by an advanced practice nurse; (5) the
25coordination and management of the nursing plan of care; (6)
26the delegation to and supervision of individuals who assist the

 

 

10000SB0625sam001- 298 -LRB100 04131 SMS 22955 a

1registered professional nurse implementing the plan of care;
2and (7) teaching nursing students. The foregoing shall not be
3deemed to include those acts of medical diagnosis or
4prescription of therapeutic or corrective measures.
5    "Professional assistance program for nurses" means a
6professional assistance program that meets criteria
7established by the Board of Nursing and approved by the
8Secretary, which provides a non-disciplinary treatment
9approach for nurses licensed under this Act whose ability to
10practice is compromised by alcohol or chemical substance
11addiction.
12    "Secretary" means the Secretary of Financial and
13Professional Regulation.
14    "Unencumbered license" means a license issued in good
15standing.
16    "Written collaborative agreement" means a written
17agreement between an advanced practice registered nurse and a
18collaborating physician, dentist, or podiatric physician
19pursuant to Section 65-35.
20(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
2199-330, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
22    (225 ILCS 65/50-13 new)
23    Sec. 50-13. Address of record; email address of record. All
24applicants and licensees shall:
25        (1) provide a valid address and email address to the

 

 

10000SB0625sam001- 299 -LRB100 04131 SMS 22955 a

1    Department, which shall serve as the address of record and
2    email address of record, respectively, at the time of
3    application for licensure or renewal of a license; and
4        (2) inform the Department of any change of address of
5    record or email address of record within 14 days after such
6    change either through the Department's website or by
7    contacting the Department's licensure maintenance unit.
 
8    (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 50-15. Policy; application of Act.
11    (a) For the protection of life and the promotion of health,
12and the prevention of illness and communicable diseases, any
13person practicing or offering to practice advanced,
14professional, or practical nursing in Illinois shall submit
15evidence that he or she is qualified to practice, and shall be
16licensed as provided under this Act. No person shall practice
17or offer to practice advanced, professional, or practical
18nursing in Illinois or use any title, sign, card or device to
19indicate that such a person is practicing professional or
20practical nursing unless such person has been licensed under
21the provisions of this Act.
22    (b) This Act does not prohibit the following:
23        (1) The practice of nursing in Federal employment in
24    the discharge of the employee's duties by a person who is
25    employed by the United States government or any bureau,

 

 

10000SB0625sam001- 300 -LRB100 04131 SMS 22955 a

1    division or agency thereof and is a legally qualified and
2    licensed nurse of another state or territory and not in
3    conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
4    this Act.
5        (2) Nursing that is included in the program of study by
6    students enrolled in programs of nursing or in current
7    nurse practice update courses approved by the Department.
8        (3) The furnishing of nursing assistance in an
9    emergency.
10        (4) The practice of nursing by a nurse who holds an
11    active license in another state when providing services to
12    patients in Illinois during a bonafide emergency or in
13    immediate preparation for or during interstate transit.
14        (5) The incidental care of the sick by members of the
15    family, domestic servants or housekeepers, or care of the
16    sick where treatment is by prayer or spiritual means.
17        (6) Persons from being employed as unlicensed
18    assistive personnel in private homes, long term care
19    facilities, nurseries, hospitals or other institutions.
20        (7) The practice of practical nursing by one who is a
21    licensed practical nurse under the laws of another U.S.
22    jurisdiction and has applied in writing to the Department,
23    in form and substance satisfactory to the Department, for a
24    license as a licensed practical 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

 

 

10000SB0625sam001- 301 -LRB100 04131 SMS 22955 a

1    application, (ii) the withdrawal of such application, or
2    (iii) the denial of such application by the Department.
3        (8) The practice of advanced practice registered
4    nursing by one who is an advanced practice registered nurse
5    under the laws of another state, territory of the United
6    States jurisdiction or a foreign jurisdiction , or country
7    and has applied in writing to the Department, in form and
8    substance satisfactory to the Department, for a license as
9    an advanced practice registered nurse and who is qualified
10    to receive such license under this Act, until (i) the
11    expiration of 6 months after the filing of such written
12    application, (ii) the withdrawal of such application, or
13    (iii) the denial of such application by the Department.
14        (9) The practice of professional nursing by one who is
15    a registered professional nurse under the laws of another
16    state, territory of the United States jurisdiction or a
17    foreign jurisdiction or country and has applied in writing
18    to the Department, in form and substance satisfactory to
19    the Department, for a license as a registered professional
20    nurse and who is qualified to receive such license under
21    Section 55-10, until (1) the expiration of 6 months after
22    the filing of such written application, (2) the withdrawal
23    of such application, or (3) the denial of such application
24    by the Department.
25        (10) The practice of professional nursing that is
26    included in a program of study by one who is a registered

 

 

10000SB0625sam001- 302 -LRB100 04131 SMS 22955 a

1    professional nurse under the laws of another state or
2    territory of the United States jurisdiction or a foreign
3    jurisdiction country, territory or province and who is
4    enrolled in a graduate nursing education program or a
5    program for the completion of a baccalaureate nursing
6    degree in this State, which includes clinical supervision
7    by faculty as determined by the educational institution
8    offering the program and the health care organization where
9    the practice of nursing occurs.
10        (11) Any person licensed in this State under any other
11    Act from engaging in the practice for which she or he is
12    licensed.
13        (12) Delegation to authorized direct care staff
14    trained under Section 15.4 of the Mental Health and
15    Developmental Disabilities Administrative Act consistent
16    with the policies of the Department.
17        (13) (Blank). The practice, services, or activities of
18    persons practicing the specified occupations set forth in
19    subsection (a) of, and pursuant to a licensing exemption
20    granted in subsection (b) or (d) of, Section 2105-350 of
21    the Department of Professional Regulation Law of the Civil
22    Administrative Code of Illinois, but only for so long as
23    the 2016 Olympic and Paralympic Games Professional
24    Licensure Exemption Law is operable.
25        (14) County correctional personnel from delivering
26    prepackaged medication for self-administration to an

 

 

10000SB0625sam001- 303 -LRB100 04131 SMS 22955 a

1    individual detainee in a correctional facility.
2    Nothing in this Act shall be construed to limit the
3delegation of tasks or duties by a physician, dentist, or
4podiatric physician to a licensed practical nurse, a registered
5professional nurse, or other persons.
6(Source: P.A. 98-214, eff. 8-9-13.)
 
7    (225 ILCS 65/50-20)   (was 225 ILCS 65/5-20)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 50-20. Unlicensed practice; violation; civil penalty.
10    (a) In addition to any other penalty provided by law, any
11Any person who practices, offers to practice, attempts to
12practice, or holds oneself out to practice nursing without
13being licensed under this Act shall, in addition to any other
14penalty provided by law, pay a civil penalty to the Department
15in an amount not to exceed $10,000 for each offense as
16determined by the Department. The civil penalty shall be
17assessed by the Department after a hearing is held in
18accordance with the provisions set forth in this Act regarding
19the provision of a hearing for the discipline of a licensee.
20    (b) The Department has the authority and power to
21investigate any and all unlicensed activity.
22    (c) The civil penalty shall be paid within 60 days after
23the effective date of the order imposing the civil penalty. The
24order shall constitute a judgment and may be filed and
25execution had thereon in the same manner as any judgment from

 

 

10000SB0625sam001- 304 -LRB100 04131 SMS 22955 a

1any court of record.
2(Source: P.A. 95-639, eff. 10-5-07.)
 
3    (225 ILCS 65/50-26 new)
4    Sec. 50-26. Application for license. Applications for
5licenses shall be made to the Department on forms prescribed by
6the Department and accompanied by the required fee. All
7applications shall contain the information that, in the
8judgment of the Department, will enable the Department to pass
9on the qualifications of the applicant for a license under this
10Act.
11    If an applicant fails to obtain a license under this Act
12within 3 years after filing his or her application, the
13application shall be denied. The applicant may make a new
14application, which shall be accompanied by the required
15nonrefundable fee. The applicant shall be required to meet the
16qualifications required for licensure at the time of
17reapplication.
 
18    (225 ILCS 65/50-50)   (was 225 ILCS 65/10-5)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 50-50. Prohibited acts.
21    (a) No person shall:
22        (1) Practice as an advanced practice registered nurse
23    without a valid license as an advanced practice registered
24    nurse, except as provided in Section 50-15 of this Act;

 

 

10000SB0625sam001- 305 -LRB100 04131 SMS 22955 a

1        (2) Practice professional nursing without a valid
2    license as a registered professional nurse except as
3    provided in Section 50-15 of this Act;
4        (3) Practice practical nursing without a valid license
5    as a licensed practical nurse or practice practical
6    nursing, except as provided in Section 50-15 of this Act;
7        (4) Practice nursing under cover of any diploma,
8    license, or record illegally or fraudulently obtained or
9    signed or issued unlawfully or under fraudulent
10    representation;
11        (5) Practice nursing during the time her or his license
12    is suspended, revoked, expired, or on inactive status;
13        (6) Use any words, abbreviations, figures, letters,
14    title, sign, card, or device tending to imply that she or
15    he is a registered professional nurse, including the titles
16    or initials, "Nurse,", "Registered Nurse,", "Professional
17    Nurse,", "Registered Professional Nurse,", "Certified
18    Nurse,", "Trained Nurse,", "Graduate Nurse,", "P.N.,", or
19    "R.N.,", or "R.P.N." or similar titles or initials with
20    intention of indicating practice without a valid license as
21    a registered professional nurse;
22        (7) Use any words, abbreviations, figures, letters,
23    titles, signs, cards, or devices tending to imply that she
24    or he is an advanced practice registered nurse, including
25    the titles or initials "Advanced Practice Registered
26    Nurse", "A.P.R.N." "A.P.N.", or similar titles or

 

 

10000SB0625sam001- 306 -LRB100 04131 SMS 22955 a

1    initials, with the intention of indicating practice as an
2    advanced practice registered nurse without a valid license
3    as an advanced practice registered nurse under this Act.
4    For purposes of this provision, the terms "advanced
5    practice nurse" and "A.P.N." are considered to be similar
6    titles or initials protected by this subsection (a).
7        (8) Use any words, abbreviations figures, letters,
8    title, sign, card, or device tending to imply that she or
9    he is a licensed practical nurse including the titles or
10    initials "Practical Nurse,", "Licensed Practical Nurse,",
11    "P.N.,", or "L.P.N.,", or similar titles or initials with
12    intention of indicated practice as a licensed practical
13    nurse without a valid license as a licensed practical nurse
14    under this Act;
15        (9) Advertise services regulated under this Act
16    without including in every advertisement his or her title
17    as it appears on the license or the initials authorized
18    under this Act;
19        (10) Obtain or furnish a license by or for money or any
20    other thing of value other than the fees required under
21    this Act, or by any fraudulent representation or act;
22        (11) Make any willfully wilfully false oath or
23    affirmation required by this Act;
24        (12) Conduct a nursing education program preparing
25    persons for licensure that has not been approved by the
26    Department;

 

 

10000SB0625sam001- 307 -LRB100 04131 SMS 22955 a

1        (13) Represent that any school or course is approved or
2    accredited as a school or course for the education of
3    registered professional nurses or licensed practical
4    nurses unless such school or course is approved by the
5    Department under the provisions of this Act;
6        (14) Attempt or offer to do any of the acts enumerated
7    in this Section, or knowingly aid, abet, assist in the
8    doing of any such acts or in the attempt or offer to do any
9    of such acts;
10        (15) Employ persons not licensed under this Act to
11    practice professional nursing or practical nursing; and
12        (16) (Blank); Otherwise intentionally violate any
13    provision of this Act.
14        (17) Retaliate against any nurse who reports unsafe,
15    unethical, or illegal health care practices or
16    conditions; .
17        (18) Be deemed a supervisor when delegating nursing
18    activities or tasks as authorized under this Act; and
19        (19) Otherwise intentionally violate any provision of
20    this Act.
21    (b) Any person, including a firm, association, or
22corporation who violates any provision of this Section shall be
23guilty of a Class A misdemeanor.
24(Source: P.A. 95-639, eff. 10-5-07.)
 
25    (225 ILCS 65/50-55)   (was 225 ILCS 65/10-10)

 

 

10000SB0625sam001- 308 -LRB100 04131 SMS 22955 a

1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 50-55. Department powers and duties. Subject to the
3provisions of this Act, the (a) The Department is authorized to
4shall exercise the following functions, powers, and duties:
5prescribed by the Civil Administrative Code of Illinois for
6administration of licensing acts and shall exercise other
7powers and duties necessary for effectuating the purpose of
8this Act. None of the functions, powers, or duties of the
9Department with respect to licensure and examination shall be
10exercised by the Department except upon review by the Board.
11        (1) Conduct or authorize examinations to ascertain the
12    fitness and qualifications of applicants for all licenses
13    governed by this Act, pass upon the qualifications of
14    applicants for licenses, and issue licenses to applicants
15    found to be fit and qualified.
16        (2) Adopt The Department shall adopt rules required for
17    the administration to implement, interpret, or make
18    specific the provisions and purposes of this Act, in
19    consultation with ; however no such rules shall be adopted
20    by the Department except upon review by the Board where
21    necessary.
22        (3) Prescribe rules for a method of examination of
23    candidates.
24        (4) Prescribe rules defining what constitutes an
25    approved program, school, college, or department of a
26    university, except that no program, school, college, or

 

 

10000SB0625sam001- 309 -LRB100 04131 SMS 22955 a

1    department of a university that refuses admittance to
2    applicants solely on account of race, color, creed, sex, or
3    national origin shall be approved.
4        (5) Conduct hearings on proceedings to revoke or
5    suspend licenses or on objection to the issuance of
6    licenses and to revoke, suspend, or refuse to issue such
7    licenses.
8        (6) Prepare (b) The Department shall prepare and
9    maintain a list of approved programs of professional
10    nursing education and programs of practical nursing
11    education in this State, whose graduates, if they have the
12    other necessary qualifications provided in this Act, shall
13    be eligible to apply for a license to practice nursing in
14    this State.
15        (7) Act (c) The Department may act upon the
16    recommendations of the Board of Nursing and the Illinois
17    Nursing Workforce Center for Nursing Advisory Board.
18        (8) Exercise the powers and duties prescribed by the
19    Civil Administrative Code of Illinois for the
20    administration of licensing Acts.
21(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
 
22    (225 ILCS 65/50-60)   (was 225 ILCS 65/10-15)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 50-60. Nursing Coordinator; Assistant Nursing
25Coordinator. The Secretary shall appoint, pursuant to the

 

 

10000SB0625sam001- 310 -LRB100 04131 SMS 22955 a

1Personnel Code, a Nursing Coordinator and an Assistant Nursing
2Coordinator. The Nursing Coordinator and Assistant Nursing
3Coordinator shall be a registered professional nurse nurses
4licensed in this State who has have graduated from an approved
5school of nursing and holds hold at least a master's degree in
6nursing from an accredited college or university.
7(Source: P.A. 95-639, eff. 10-5-07.)
 
8    (225 ILCS 65/50-65)   (was 225 ILCS 65/10-25)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 50-65. Board.
11    (a) The The term of each member of the Board of Nursing and
12the Advanced Practice Nursing Board serving before the
13effective date of this amendatory Act of the 95th General
14Assembly shall terminate on the effective date of this
15amendatory Act of the 95th General Assembly. Beginning on the
16effective date of this amendatory Act of the 95th General
17Assembly, the Secretary shall solicit recommendations from
18nursing organizations and appoint the Board of Nursing, which
19shall consist of 13 members, one of whom shall be a practical
20nurse; one of whom shall be a practical nurse educator; one of
21whom shall be a registered professional nurse in practice; one
22of whom shall be an associate degree nurse educator; one of
23whom shall be a baccalaureate degree nurse educator; one of
24whom shall be a nurse who is actively engaged in direct care;
25one of whom shall be a registered professional nurse actively

 

 

10000SB0625sam001- 311 -LRB100 04131 SMS 22955 a

1engaged in direct care; one of whom shall be a nursing
2administrator; 4 of whom shall be advanced practice registered
3nurses representing CNS, CNP, CNM, and CRNA practice; and one
4of whom shall be a public member who is not employed in and has
5no material interest in any health care field. The Board shall
6receive actual and necessary expenses incurred in the
7performance of their duties.
8    Members of the Board of Nursing and the Advanced Practice
9Nursing Board whose terms were terminated by this amendatory
10Act of the 95th General Assembly shall be considered for
11membership positions on the Board.
12    All nursing members of the Board must be (i) residents of
13this State, (ii) licensed in good standing to practice nursing
14in this State, (iii) graduates of an approved nursing program,
15with a minimum of 5 years' years experience in the field of
16nursing, and (iv) at the time of appointment to the Board,
17actively engaged in nursing or work related to nursing.
18    Membership terms shall be for 3 years, except that in
19making initial appointments, the Secretary shall appoint all
20members for initial terms of 2, 3, and 4 years and these terms
21shall be staggered as follows: 3 shall be appointed for terms
22of 2 years; 4 shall be appointed for terms of 3 years; and 6
23shall be appointed for terms of 4 years. No member shall be
24appointed to more than 2 consecutive terms. In the case of a
25vacated position, an individual may be appointed to serve the
26unexpired portion of that term; if the term is less than half

 

 

10000SB0625sam001- 312 -LRB100 04131 SMS 22955 a

1of a full term, the individual is eligible to serve 2 full
2terms.
3    The Secretary may remove any member of the Board for
4misconduct, incapacity, or neglect of duty. The Secretary shall
5reduce to writing any causes for removal.
6    The Board shall meet annually to elect a chairperson and
7vice chairperson. The Board shall hold regularly scheduled
8meetings during the year. A simple majority of the Board shall
9constitute a quorum at any meeting. Any action taken by the
10Board must be on the affirmative vote of a simple majority of
11members. Voting by proxy shall not be permitted. In the case of
12an emergency where all Board members cannot meet in person, the
13Board may convene a meeting via an electronic format in
14accordance with the Open Meetings Act.
15    (b) The Board may perform each of the following activities:
16        (1) Recommend to the Department the adoption and the
17    revision of rules necessary for the administration of this
18    Act;
19        (2) Recommend the approval, denial of approval,
20    withdrawal of approval, or discipline of nursing education
21    programs;
22    (c) The Board shall participate in disciplinary
23conferences and hearings and make recommendations to the
24Department regarding disciplinary action taken against a
25licensee as provided under this Act. Disciplinary conference
26hearings and proceedings regarding scope of practice issues

 

 

10000SB0625sam001- 313 -LRB100 04131 SMS 22955 a

1shall be conducted by a Board member at the same or higher
2licensure level as the respondent. Participation in an informal
3conference shall not bar members of the Board from future
4participation or decisions relating to that matter.
5    (d) (Blank). With the exception of emergency rules, any
6proposed rules, amendments, second notice materials, and
7adopted rule or amendment materials or policy statements
8concerning advanced practice nurses shall be presented to the
9Medical Licensing Board for review and comment. The
10recommendations of both the Board of Nursing and the Medical
11Licensing Board shall be presented to the Secretary for
12consideration in making final decisions. Whenever the Board of
13Nursing and Medical Licensing Board disagree on a proposed rule
14or policy, the Secretary shall convene a joint meeting of the
15officers of each Board to discuss resolution of any
16disagreements.
17(Source: P.A. 95-639, eff. 10-5-07.)
 
18    (225 ILCS 65/50-70)   (was 225 ILCS 65/10-35)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 50-70. Concurrent theory and clinical practice
21education requirements of this Act. The educational
22requirements of Sections 55-10 and 60-10 of this Act relating
23to registered professional nursing and licensed practical
24nursing shall not be deemed to have been satisfied by the
25completion of any correspondence course or any program of

 

 

10000SB0625sam001- 314 -LRB100 04131 SMS 22955 a

1nursing that does not require coordinated or concurrent theory
2and clinical practice. The Department may, upon recommendation
3of the Board, grant an Illinois license to those applicants who
4have received advanced graduate degrees in nursing from an
5approved program with concurrent theory and clinical practice
6or to those applicants who are currently licensed in another
7state and have been actively practicing clinical nursing for a
8minimum of 2 years.
9(Source: P.A. 95-639, eff. 10-5-07.)
 
10    (225 ILCS 65/50-75)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 50-75. Nursing delegation.
13    (a) For the purposes of this Section:
14    "Delegation" means transferring to a specific an
15individual the authority to perform a specific nursing
16intervention in a specific selected nursing activity or task,
17in a selected situation.
18    "Predictability of outcomes" means that a registered
19professional nurse or advanced practice registered nurse has
20determined that the patient's or individual's clinical status
21is stable and expected to improve or the patient's or
22individual's deteriorating condition is expected to follow a
23known or expected course.
24    "Stability" means a registered professional nurse or
25advanced practice registered nurse has determined that the

 

 

10000SB0625sam001- 315 -LRB100 04131 SMS 22955 a

1individual's clinical status and nursing care needs are
2consistent.
3    "Nursing activity" means any work requiring the use of
4knowledge acquired by completion of an approved program for
5licensure, including advanced education, continuing education,
6and experience as a licensed practical nurse or professional
7nurse, as defined by the Department by rule.
8    "Task" means work not requiring nursing knowledge,
9judgment, or decision-making, as defined by the Department by
10rule.
11    (b) This Section authorizes a registered professional
12nurse or advanced practice registered nurse to:
13        (1) delegate nursing interventions based on overall
14    patient assessment that includes, but is not limited to:
15            (A) the stability and condition of the patient;
16            (B) the potential for harm;
17            (C) the complexity of the nursing intervention to
18        be delegated;
19            (D) the predictability of outcomes; and
20            (E) competency of the individual to whom the
21        nursing intervention is delegated;
22        (2) delegate medication administration to other
23    licensed nurses or unlicensed personnel in community-based
24    or in-home care settings if all the conditions for
25    delegation set forth in this Section are met; or
26        (3) refuse to delegate, stop, or rescind a previously

 

 

10000SB0625sam001- 316 -LRB100 04131 SMS 22955 a

1    authorized delegation. Nursing shall be practiced by
2    licensed practical nurses, registered professional nurses,
3    and advanced practice nurses. In the delivery of nursing
4    care, nurses work with many other licensed professionals
5    and other persons. An advanced practice nurse may delegate
6    to registered professional nurses, licensed practical
7    nurses, and others persons.
8    (c) This Section prohibits the following:
9        (1) An individual or entity from mandating that a
10    registered professional nurse or advanced practice nurse
11    delegate nursing interventions if the registered nurse or
12    advanced practice registered nurse determines it is
13    inappropriate to do so. Nurses shall not be subject to
14    disciplinary or any other adverse action for refusing to
15    delegate a nursing intervention based on patient safety.
16        (2) The delegation of medication administration to
17    unlicensed personnel in any institutional or long-term
18    facility, including, but not limited to, those facilities
19    licensed by the Hospital Licensing Act, the University of
20    Illinois Hospital Act, State-operated mental health
21    hospitals, or State-operated developmental centers, except
22    as authorized under Article 80 of this Act or otherwise
23    specifically authorized by law.
24        (3) A registered professional nurse or advanced
25    practice registered nurse from delegating nursing
26    judgment, comprehensive patient assessment, development of

 

 

10000SB0625sam001- 317 -LRB100 04131 SMS 22955 a

1    a plan of care, and the evaluation of care to licensed or
2    unlicensed personnel.
3        (4) A licensed practical nurse or unlicensed personnel
4    who has been delegated a nursing intervention from
5    re-delegating a nursing intervention. A registered
6    professional nurse shall not delegate any nursing activity
7    requiring the specialized knowledge, judgment, and skill
8    of a licensed nurse to an unlicensed person, including
9    medication administration. A registered professional nurse
10    may delegate nursing activities to other registered
11    professional nurses or licensed practical nurses.
12    A registered nurse may delegate tasks to other licensed and
13unlicensed persons. A licensed practical nurse who has been
14delegated a nursing activity shall not re-delegate the nursing
15activity. A registered professional nurse or advanced practice
16nurse retains the right to refuse to delegate or to stop or
17rescind a previously authorized delegation.
18(Source: P.A. 95-639, eff. 10-5-07.)
 
19    (225 ILCS 65/55-10)   (was 225 ILCS 65/10-30)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 55-10. LPN licensure by examination Qualifications
22for LPN licensure.
23    (a) Each applicant who successfully meets the requirements
24of this Section is eligible for shall be entitled to licensure
25as a licensed practical nurse Licensed Practical Nurse.

 

 

10000SB0625sam001- 318 -LRB100 04131 SMS 22955 a

1    (b) An applicant for licensure by examination to practice
2as a practical nurse is eligible for licensure when the
3following requirements are met must do each of the following:
4        (1) the applicant has submitted Submit a completed
5    written application, on forms provided by the Department
6    and fees as established by the Department; .
7        (2) the applicant has Have graduated from a practical
8    nursing education program approved by the Department or
9    have been granted a certificate of completion of
10    pre-licensure requirements from another United States
11    jurisdiction; .
12        (3) the applicant has successfully completed
13    Successfully complete a licensure examination approved by
14    the Department; .
15        (4) (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 shall
19    not operate as an absolute bar to licensure.
20        (5) the applicant has submitted Submit to the criminal
21    history records check required under Section 50-35 of this
22    Act; .
23        (6) the applicant has submitted Submit either to the
24    Department or its designated testing service, a fee
25    covering the cost of providing the examination. Failure to
26    appear for the examination on the scheduled date at the

 

 

10000SB0625sam001- 319 -LRB100 04131 SMS 22955 a

1    time and place specified after the applicant's application
2    for examination has been received and acknowledged by the
3    Department or the designated testing service shall result
4    in the forfeiture of the examination fee; and .
5        (7) the applicant has met Meet all other requirements
6    established by rule.
7    An applicant for licensure by examination may take the
8Department-approved examination in another jurisdiction.
9    (b-5) If an applicant for licensure by examination
10neglects, fails, or refuses to take an examination or fails to
11pass an examination for a license under this Act within 3 years
12of the date of initial application after filing the
13application, the application shall be denied. When an
14applicant's application is denied due to the failure to pass
15the examination within the 3-year period, that applicant must
16undertake an additional course of education as defined by rule
17prior to submitting a new application for licensure. Any new
18application must be accompanied by the required fee, evidence
19of meeting the requirements in force at the time of the new
20application, and evidence of completion of the additional
21course of education prescribed by rule. The applicant must
22enroll in and complete an approved practical nursing education
23program prior to submitting an additional application for the
24licensure exam.
25    An applicant may take and successfully complete a
26Department-approved examination in another jurisdiction.

 

 

10000SB0625sam001- 320 -LRB100 04131 SMS 22955 a

1However, an applicant who has never been licensed previously in
2any jurisdiction that utilizes a Department-approved
3examination and who has taken and failed to pass the
4examination within 3 years after filing the application must
5submit proof of successful completion of a
6Department-authorized nursing education program or
7recompletion of an approved licensed practical nursing program
8prior to re-application.
9    (c) An applicant for licensure by examination shall have
10one year from the date of notification of successful completion
11of the examination to apply to the Department for a license. If
12an applicant fails to apply within one year, the applicant
13shall be required to retake and pass the examination unless
14licensed in another jurisdiction of the United States.
15    (d) A licensed practical nurse applicant who passes the
16Department-approved licensure examination and has applied to
17the Department for licensure may obtain employment as a
18license-pending practical nurse and practice as delegated by a
19registered professional nurse or an advanced practice
20registered nurse or physician. An individual may be employed as
21a license-pending practical nurse if all of the following
22criteria are met:
23        (1) He or she has completed and passed the
24    Department-approved licensure exam and presents to the
25    employer the official written notification indicating
26    successful passage of the licensure examination.

 

 

10000SB0625sam001- 321 -LRB100 04131 SMS 22955 a

1        (2) He or she has completed and submitted to the
2    Department an application for licensure under this Section
3    as a practical nurse.
4        (3) He or she has submitted the required licensure fee.
5        (4) He or she has met all other requirements
6    established by rule, including having submitted to a
7    criminal history records check.
8    (e) The privilege to practice as a license-pending
9practical nurse shall terminate with the occurrence of any of
10the following:
11        (1) Three months have passed since the official date of
12    passing the licensure exam as inscribed on the formal
13    written notification indicating passage of the exam. This
14    3-month period may be extended as determined by rule.
15        (2) Receipt of the practical nurse license from the
16    Department.
17        (3) Notification from the Department that the
18    application for licensure has been denied.
19        (4) A request by the Department that the individual
20    terminate practicing as a license-pending practical nurse
21    until an official decision is made by the Department to
22    grant or deny a practical nurse license.
23    (f) (Blank). An applicant for licensure by endorsement who
24is a licensed practical nurse licensed by examination under the
25laws of another state or territory of the United States or a
26foreign country, jurisdiction, territory, or province must do

 

 

10000SB0625sam001- 322 -LRB100 04131 SMS 22955 a

1each of the following:
2        (1) Submit a completed written application, on forms
3    supplied by the Department, and fees as established by the
4    Department.
5        (2) Have graduated from a practical nursing education
6    program approved by the Department.
7        (3) Submit verification of licensure status directly
8    from the United States jurisdiction of licensure, if
9    applicable, as defined by rule.
10        (4) Submit to the criminal history records check
11    required under Section 50-35 of this Act.
12        (5) Meet all other requirements as established by the
13    Department by rule.
14    (g) All applicants for practical nurse licensure by
15examination or endorsement who are graduates of nursing
16educational programs in a country other than the United States
17or its territories shall have their nursing education
18credentials evaluated by a Department-approved nursing
19credentialing evaluation service. No such applicant may be
20issued a license under this Act unless the applicant's program
21is deemed by the nursing credentialing evaluation service to be
22equivalent to a professional nursing education program
23approved by the Department. An applicant who has graduated from
24a nursing educational program outside of the United States or
25its territories and whose first language is not English shall
26submit evidence of English proficiency certification of

 

 

10000SB0625sam001- 323 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 324 -LRB100 04131 SMS 22955 a

1examination if the applicant submits verification of the
2successful completion of a nursing education program conducted
3in English or the successful passage of an approved licensing
4examination given in English. The requirements of this
5subsection (d-5) may be satisfied by the showing of proof of a
6certificate from the Certificate Program or the VisaScreen
7Program of the Commission on Graduates of Foreign Nursing
8Schools.
9    (i) (Blank). A licensed practical nurse who holds an
10unencumbered license in good standing in another United States
11jurisdiction and who has applied for practical nurse licensure
12under this Act by endorsement may be issued a temporary
13license, if satisfactory proof of such licensure in another
14jurisdiction is presented to the Department. The Department
15shall not issue an applicant a temporary practical nurse
16license until it is satisfied that the applicant holds an
17active, unencumbered license in good standing in another
18jurisdiction. If the applicant holds more than one current
19active license or one or more active temporary licenses from
20another jurisdiction, the Department may not issue a temporary
21license until the Department is satisfied that each current
22active license held by the applicant is unencumbered. The
23temporary license, which shall be issued no later than 14
24working days following receipt by the Department of an
25application for the temporary license, shall be granted upon
26the submission of all of the following to the Department:

 

 

10000SB0625sam001- 325 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 326 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 327 -LRB100 04131 SMS 22955 a

1from the date of application, the application shall be denied,
2the fee forfeited, and the applicant must reapply and meet the
3requirements in effect at the time of reapplication.
4(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
595-639, eff. 10-5-07.)
 
6    (225 ILCS 65/55-11 new)
7    Sec. 55-11. LPN licensure by endorsement.
8    (a) Each applicant who successfully meets the requirements
9of this Section is eligible for licensure as a licensed
10practical nurse.
11    (b) An applicant for licensure by endorsement who is a
12licensed practical nurse licensed by examination under the laws
13of another United States jurisdiction or a foreign jurisdiction
14is eligible for licensure when the following requirements are
15met:
16        (1) the applicant has submitted a completed written
17    application on forms supplied by the Department and fees as
18    established by the Department;
19        (2) the applicant has graduated from a practical
20    nursing education program approved by the Department;
21        (3) the applicant has been issued an LPN license by
22    another United States or foreign jurisdiction, which shall
23    be verified, as defined by rule;
24        (4) the applicant has submitted to the criminal history
25    records check required under Section 50-35 of this Act; and

 

 

10000SB0625sam001- 328 -LRB100 04131 SMS 22955 a

1        (5) the applicant has met all other requirements as
2    established by the Department by rule.
3    (c) An applicant licensed in another state or territory who
4is applying for licensure and has received her or his education
5in a country other than the United States or its territories
6shall have her or his nursing education credentials evaluated
7by a Department-approved nursing credentialing evaluation
8service. No such applicant may be issued a license under this
9Act unless the applicant's program is deemed by the nursing
10credentialing evaluation service to be equivalent to a
11professional nursing education program approved by the
12Department. An applicant who has graduated from a nursing
13education program outside of the United States or its
14territories and whose first language is not English shall
15submit evidence of English proficiency, as defined by rule.
16    (d) A licensed practical nurse who holds an unencumbered
17license in good standing in another United States jurisdiction
18and who has applied for practical nurse licensure under this
19Act by endorsement may be issued a temporary permit if
20satisfactory proof of such licensure in another jurisdiction is
21presented to the Department. The Department shall not issue an
22applicant a temporary practical nurse permit until it is
23satisfied that the applicant holds an active, unencumbered
24license in good standing in another jurisdiction. If the
25applicant holds more than one current active license or one or
26more active temporary permits from another jurisdiction, the

 

 

10000SB0625sam001- 329 -LRB100 04131 SMS 22955 a

1Department may not issue a temporary permit until the
2Department is satisfied that each current active license held
3by the applicant is unencumbered. The temporary permit, which
4shall be issued no later than 14 working days following receipt
5by the Department of an application for the temporary permit,
6shall be granted upon the submission of all of the following to
7the Department:
8        (1) a completed application for licensure as a
9    practical nurse;
10        (2) proof of a current, active license in at least one
11    other jurisdiction of the United States and proof that each
12    current active license or temporary permit held by the
13    applicant within the last 5 years is unencumbered;
14        (3) a signed and completed application for a temporary
15    permit; and
16        (4) the required temporary permit fee.
17    (e) The Department may refuse to issue an applicant a
18temporary permit authorized pursuant to this Section if, within
1914 working days following its receipt of an application for a
20temporary permit, the Department determines that:
21        (1) the applicant has been convicted of a crime under
22    the laws of a jurisdiction of the United States that is:
23    (i) a felony; or (ii) a misdemeanor directly related to the
24    practice of the profession, within the last 5 years;
25        (2) the applicant has had a license or permit related
26    to the practice of practical nursing revoked, suspended, or

 

 

10000SB0625sam001- 330 -LRB100 04131 SMS 22955 a

1    placed on probation by another jurisdiction within the last
2    5 years and at least one of the grounds for revoking,
3    suspending, or placing on probation is the same or
4    substantially equivalent to grounds in Illinois; or
5        (3) the Department intends to deny licensure by
6    endorsement.
7    (f) The Department may revoke a temporary permit issued
8pursuant to this Section if it determines that:
9        (1) the applicant has been convicted of a crime under
10    the law 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, within the last 5 years;
13        (2) within the last 5 years the applicant has 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 licensure by
21    endorsement.
22    (g) A temporary permit shall expire 6 months after the date
23of issuance. Further renewal may be granted by the Department
24in hardship cases, as defined by rule and upon approval of the
25Secretary. However, a temporary permit shall automatically
26expire upon issuance of a valid license under this Act or upon

 

 

10000SB0625sam001- 331 -LRB100 04131 SMS 22955 a

1notification that the Department intends to deny licensure,
2whichever occurs first.
3    (h) All applicants for practical nurse licensure have 3
4years after the date of application to complete the application
5process. If the process has not been completed within 3 years
6after the date of application, the application shall be denied,
7the fee forfeited, and the applicant must reapply and meet the
8requirements in effect at the time of reapplication.
 
9    (225 ILCS 65/55-20)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 55-20. Restoration of LPN license; temporary permit.
12    (a) Any license to practice practical nursing issued under
13this Act that has expired or that is on inactive status may be
14restored by making application to the Department and filing
15proof of fitness acceptable to the Department, as specified by
16rule, to have the license restored, and by paying the required
17restoration fee. Such proof of fitness may include evidence
18certifying active lawful practice in another jurisdiction.
19    (b) A practical nurse licensee seeking restoration of a
20license after it has expired or been placed on inactive status
21for more than 5 years shall file an application, on forms
22supplied by the Department, and submit the restoration or
23renewal fees set forth by the Department. The licensee must
24also submit proof of fitness to practice, as specified by rule.
25, including one of the following:

 

 

10000SB0625sam001- 332 -LRB100 04131 SMS 22955 a

1        (1) certification of active practice in another
2    jurisdiction, which may include a statement from the
3    appropriate board or licensing authority in the other
4    jurisdiction that the licensee was authorized to practice
5    during the term of said active practice;
6        (2) proof of the successful completion of a
7    Department-approved licensure examination; or
8        (3) an affidavit attesting to military service as
9    provided in subsection (c) of this Section; however, if
10    application is made within 2 years after discharge and if
11    all other provisions of subsection (c) of this Section are
12    satisfied, the applicant shall be required to pay the
13    current renewal fee.
14    (c) Notwithstanding any other provision of this Act, any
15license to practice practical nursing issued under this Act
16that expired while the licensee was (i) in federal service on
17active duty with the Armed Forces of the United States or in
18the State Militia and called into service or training or (ii)
19in training or education under the supervision of the United
20States preliminary to induction into the military service may
21have the license restored without paying any lapsed renewal
22fees if, within 2 years after honorable termination of such
23service, training, or education, the applicant furnishes the
24Department with satisfactory evidence to the effect that the
25applicant has been so engaged and that the individual's
26service, training, or education has been so terminated.

 

 

10000SB0625sam001- 333 -LRB100 04131 SMS 22955 a

1    (d) Any practical nurse licensee who shall engage in the
2practice of practical nursing with a lapsed license or while on
3inactive status shall be considered to be practicing without a
4license, which shall be grounds for discipline under Section
570-5 of this Act.
6    (e) Pending restoration of a license under this Section,
7the Department may grant an applicant a temporary permit to
8practice as a practical nurse if the Department is satisfied
9that the applicant holds an active, unencumbered license in
10good standing in another jurisdiction. If the applicant holds
11more than one current active license or one or more active
12temporary licenses from another jurisdiction, the Department
13shall not issue a temporary permit until it is satisfied that
14each current active license held by the applicant is
15unencumbered. The temporary permit, which shall be issued no
16later than 14 working days after receipt by the Department of
17an application for the permit, shall be granted upon the
18submission of all of the following to the Department:
19        (1) A signed and completed application for restoration
20    of licensure under this Section as a licensed practical
21    nurse.
22        (2) Proof of (i) a current, active license in at least
23    one other jurisdiction and proof that each current, active
24    license or temporary permit held by the applicant is
25    unencumbered or (ii) fitness to practice nursing in this
26    State, as specified by rule.

 

 

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1        (3) A signed and completed application for a temporary
2    permit.
3        (4) The required permit fee.
4    (f) The Department may refuse to issue to an applicant a
5temporary permit authorized under this Section if, within 14
6working days after its receipt of an application for a
7temporary permit, the Department determines that:
8        (1) the applicant has been convicted within the last 5
9    years of any crime under the laws of any jurisdiction of
10    the United States that is (i) a felony or (ii) a
11    misdemeanor directly related to the practice of the
12    profession;
13        (2) within the last 5 years, the applicant has had a
14    license or permit related to the practice of nursing
15    revoked, suspended, or placed on probation by another
16    jurisdiction, if 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    (g) The Department may revoke a temporary permit issued
23under this Section if:
24        (1) the Department determines that the applicant has
25    been convicted within the last 5 years of any crime under
26    the laws of any jurisdiction of the United States that is

 

 

10000SB0625sam001- 335 -LRB100 04131 SMS 22955 a

1    (i) a felony or (ii) a misdemeanor directly related to the
2    practice of the profession;
3        (2) within the last 5 years, the applicant had a
4    license or permit related to the practice of nursing
5    revoked, suspended, or placed on probation by another
6    jurisdiction and at least one of the grounds for revoking,
7    suspending, or placing on probation is the same or
8    substantially equivalent to grounds for disciplinary
9    action under this Act; or
10        (3) the Department intends to deny restoration of the
11    license.
12    (h) A temporary permit or renewed temporary permit shall
13expire (i) upon issuance of a valid license under this Act or
14(ii) upon notification that the Department intends to deny
15restoration of licensure. Except as otherwise provided in this
16Section, the temporary permit shall expire 6 months after the
17date of issuance. Further renewal may be granted by the
18Department in hardship cases that shall automatically expire
19upon issuance of a valid license under this Act or upon
20notification that the Department intends to deny licensure,
21whichever occurs first. No extensions shall be granted beyond
22the 6-month period, unless approved by the Secretary.
23Notification by the Department under this Section must be by
24certified or registered mail to the address of record or by
25email to the email address of record.
26(Source: P.A. 95-639, eff. 10-5-07.)
 

 

 

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1    (225 ILCS 65/55-30)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 55-30. LPN scope of practice.
4    (a) Practice as a licensed practical nurse means a directed
5scope of basic nursing practice, with or without compensation,
6under the direction of as delegated by a registered
7professional nurse or an advanced practice registered nurse, or
8as directed by a physician assistant, physician, dentist, or
9podiatric physician, or other health care professionals as
10determined by the Department, and includes, but is not limited
11to, all of the following:
12        (1) Conducting a focused nursing assessment and
13    collaborating on the ongoing health assessment of the
14    patient. Collecting data and collaborating in the
15    assessment of the health status of a patient.
16        (2) Collaborating in the development and modification
17    of the registered professional nurse's or advanced
18    practice registered nurse's comprehensive nursing plan of
19    care for all types of patients.
20        (3) Implementing aspects of the plan of care as
21    delegated.
22        (4) Participating in health teaching and counseling to
23    promote, attain, and maintain the optimum health level of
24    patients, as delegated.
25        (5) Serving as an advocate for the patient by

 

 

10000SB0625sam001- 337 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 338 -LRB100 04131 SMS 22955 a

1        (1) a feasibility study that describes the need for the
2    program and the facilities used, the potential of the
3    program to recruit faculty and students, financial support
4    for the program, and other criteria, as established by
5    rule;
6        (2) program curriculum that meets all State
7    requirements;
8        (3) the administration of the program by a Nurse
9    Administrator and the involvement of a Nurse Administrator
10    in the development of the program; and
11        (4) the occurrence of a site visit prior to approval;
12    and .
13        (5) beginning December 31, 2022, obtaining and
14    maintaining programmatic accreditation by a national
15    accrediting body for nursing education recognized by the
16    United States Department of Education and approved by the
17    Department.
18    The Department and Board of Nursing shall be notified
19within 30 days if the program loses its accreditation. The
20Department may adopt rules regarding a warning process and
21reaccreditation.
22    (b) In order to obtain initial Department approval and to
23maintain Department approval, a registered professional
24nursing program must meet all of the following requirements:
25        (1) The institution responsible for conducting the
26    program and the Nurse Administrator must ensure that

 

 

10000SB0625sam001- 339 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 340 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 341 -LRB100 04131 SMS 22955 a

1    Sec. 60-10. RN licensure by examination Qualifications for
2RN licensure.
3    (a) Each applicant who successfully meets the requirements
4of this Section is eligible for shall be entitled to licensure
5as a registered professional nurse.
6    (b) An applicant for licensure by examination to practice
7as a registered professional nurse is eligible for licensure
8when the following requirements are met must do each of the
9following:
10        (1) the applicant has submitted Submit a completed
11    written application, on forms provided by the Department,
12    and fees, as established by the Department; .
13        (2) the applicant has Have graduated from a
14    professional nursing education program approved by the
15    Department or have been granted a certificate of completion
16    of pre-licensure requirements from another United States
17    jurisdiction; .
18        (3) the applicant has successfully completed
19    Successfully complete a licensure examination approved by
20    the Department; .
21        (4) (blank); Have not violated the provisions of this
22    Act concerning the grounds for disciplinary action. The
23    Department may take into consideration any felony
24    conviction of the applicant, but such a conviction may not
25    operate as an absolute bar to licensure.
26        (5) the applicant has submitted Submit to the criminal

 

 

10000SB0625sam001- 342 -LRB100 04131 SMS 22955 a

1    history records check required under Section 50-35 of this
2    Act; .
3        (6) the applicant has submitted Submit, either to the
4    Department or its designated testing service, a fee
5    covering the cost of providing the examination; failure .
6    Failure to appear for the examination on the scheduled date
7    at the time and place specified after the applicant's
8    application for examination has been received and
9    acknowledged by the Department or the designated testing
10    service shall result in the forfeiture of the examination
11    fee; and .
12        (7) the applicant has met Meet all other requirements
13    established by the Department by rule.
14    An applicant for licensure by examination may take the
15Department-approved examination in another jurisdiction.
16    (b-5) If an applicant for licensure by examination
17neglects, fails, or refuses to take an examination or fails to
18pass an examination for a license within 3 years of the date of
19initial application after filing the application, the
20application shall be denied. When an applicant's application is
21denied due to the failure to pass the examination within the
223-year period, that applicant must undertake an additional
23course of education as defined by rule prior to submitting a
24new application for licensure. Any new application must be
25accompanied by the required fee, evidence of meeting the
26requirements in force at the time of the new application, and

 

 

10000SB0625sam001- 343 -LRB100 04131 SMS 22955 a

1evidence of completion of the additional course of education
2prescribed by rule. The applicant may make a new application
3accompanied by the required fee, evidence of meeting the
4requirements in force at the time of the new application, and
5proof of the successful completion of at least 2 additional
6years of professional nursing education.
7    (c) An applicant for licensure by examination shall have
8one year after the date of notification of the successful
9completion of the examination to apply to the Department for a
10license. If an applicant fails to apply within one year, the
11applicant shall be required to retake and pass the examination
12unless licensed in another jurisdiction of the United States.
13    (d) An applicant for licensure by examination who passes
14the Department-approved licensure examination for professional
15nursing may obtain employment as a license-pending registered
16nurse and practice under the direction of a registered
17professional nurse or an advanced practice registered nurse
18until such time as he or she receives his or her license to
19practice or until the license is denied. In no instance shall
20any such applicant practice or be employed in any management
21capacity. An individual may be employed as a license-pending
22registered nurse if all of the following criteria are met:
23        (1) He or she has completed and passed the
24    Department-approved licensure exam and presents to the
25    employer the official written notification indicating
26    successful passage of the licensure examination.

 

 

10000SB0625sam001- 344 -LRB100 04131 SMS 22955 a

1        (2) He or she has completed and submitted to the
2    Department an application for licensure under this Section
3    as a registered professional nurse.
4        (3) He or she has submitted the required licensure fee.
5        (4) He or she has met all other requirements
6    established by rule, including having submitted to a
7    criminal history records check.
8    (e) The privilege to practice as a license-pending
9registered nurse shall terminate with the occurrence of any of
10the following:
11        (1) Three months have passed since the official date of
12    passing the licensure exam as inscribed on the formal
13    written notification indicating passage of the exam. The
14    3-month license pending period may be extended if more time
15    is needed by the Department to process the licensure
16    application.
17        (2) Receipt of the registered professional nurse
18    license from the Department.
19        (3) Notification from the Department that the
20    application for licensure has been refused.
21        (4) A request by the Department that the individual
22    terminate practicing as a license-pending registered nurse
23    until an official decision is made by the Department to
24    grant or deny a registered professional nurse license.
25    (f) (Blank). An applicant for registered professional
26nurse licensure by endorsement who is a registered professional

 

 

10000SB0625sam001- 345 -LRB100 04131 SMS 22955 a

1nurse licensed by examination under the laws of another state
2or territory of the United States must do each of the
3following:
4        (1) Submit a completed written application, on forms
5    supplied by the Department, and fees as established by the
6    Department.
7        (2) Have graduated from a registered professional
8    nursing education program approved by the Department.
9        (3) Submit verification of licensure status directly
10    from the United States jurisdiction of licensure, if
11    applicable, as defined by rule.
12        (4) Submit to the criminal history records check
13    required under Section 50-35 of this Act.
14        (5) Meet all other requirements as established by the
15    Department by rule.
16    (g) (Blank). Pending the issuance of a license under this
17Section, the Department may grant an applicant a temporary
18license to practice nursing as a registered professional nurse
19if the Department is satisfied that the applicant holds an
20active, unencumbered license in good standing in another U.S.
21jurisdiction. If the applicant holds more than one current
22active license or one or more active temporary licenses from
23another jurisdiction, the Department may not issue a temporary
24license until the Department is satisfied that each current
25active license held by the applicant is unencumbered. The
26temporary license, which shall be issued no later than 14

 

 

10000SB0625sam001- 346 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 347 -LRB100 04131 SMS 22955 a

1    Act; or
2        (3) the Department intends to deny licensure by
3    endorsement.
4    (i) (Blank). The Department may revoke a temporary license
5issued pursuant to this Section if it determines any of the
6following:
7        (1) That the applicant has been convicted of a crime
8    under the laws of any jurisdiction of the United States
9    that is (i) a felony or (ii) a misdemeanor directly related
10    to the practice of the profession, within the last 5 years.
11        (2) That within the last 5 years, the applicant has had
12    a license or permit related to the practice of nursing
13    revoked, suspended, or placed on probation by another
14    jurisdiction, if at least one of the grounds for revoking,
15    suspending, or placing on probation is the same or
16    substantially equivalent to grounds for disciplinary
17    action under this Act.
18        (3) That it intends to deny licensure by endorsement.
19    (j) (Blank). A temporary license issued under this Section
20shall expire 6 months after the date of issuance. Further
21renewal may be granted by the Department in hardship cases, as
22defined by rule and upon approval of the Secretary. However, a
23temporary license shall automatically expire upon issuance of
24the Illinois license or upon notification that the Department
25intends to deny licensure, whichever occurs first.
26    (k) All applicants for registered professional nurse

 

 

10000SB0625sam001- 348 -LRB100 04131 SMS 22955 a

1licensure have 3 years after the date of application to
2complete the application process. If the process has not been
3completed within 3 years after the date of application, the
4application shall be denied, the fee forfeited, and the
5applicant must reapply and meet the requirements in effect at
6the time of reapplication.
7    (l) All applicants for registered nurse licensure by
8examination or endorsement who are graduates of practical
9nursing educational programs in a country other than the United
10States and its territories shall have their nursing education
11credentials evaluated by a Department-approved nursing
12credentialing evaluation service. No such applicant may be
13issued a license under this Act unless the applicant's program
14is deemed by the nursing credentialing evaluation service to be
15equivalent to a professional nursing education program
16approved by the Department. An applicant who has graduated from
17a nursing educational program outside of the United States or
18its territories and whose first language is not English shall
19submit evidence of English proficiency certification of
20passage of the Test of English as a Foreign Language (TOEFL),
21as defined by rule. The Department may, upon recommendation
22from the nursing evaluation service, waive the requirement that
23the applicant pass the TOEFL examination if the applicant
24submits verification of the successful completion of a nursing
25education program conducted in English. The requirements of
26this subsection (l) may be satisfied by the showing of proof of

 

 

10000SB0625sam001- 349 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 350 -LRB100 04131 SMS 22955 a

1Schools.
2(Source: P.A. 95-639, eff. 10-5-07.)
 
3    (225 ILCS 65/60-11 new)
4    Sec. 60-11. RN licensure by endorsement.
5    (a) Each applicant who successfully meets the requirements
6of this Section is eligible for licensure as a registered
7professional nurse.
8    (b) An applicant for registered professional nurse
9licensure by endorsement who is a registered professional nurse
10licensed by examination under the laws of another United States
11jurisdiction or a foreign jurisdiction is eligible for
12licensure when the following requirements are met:
13        (1) the applicant has submitted a completed written
14    application, on forms supplied by the Department, and fees
15    as established by the Department;
16        (2) the applicant has graduated from a registered
17    professional nursing education program approved by the
18    Department;
19        (3) the applicant has been issued an LPN license by
20    another United States or foreign jurisdiction, which shall
21    be verified, as defined by rule;
22        (4) the applicant has submitted to the criminal history
23    records check required under Section 50-35 of this Act; and
24        (5) the applicant has met all other requirements as
25    established by the Department by rule.

 

 

10000SB0625sam001- 351 -LRB100 04131 SMS 22955 a

1    (c) Pending the issuance of a license under this Section,
2the Department may grant an applicant a temporary permit to
3practice nursing as a registered professional nurse if the
4Department is satisfied that the applicant holds an active,
5unencumbered license in good standing in another United States
6jurisdiction. If the applicant holds more than one current
7active license or one or more active temporary licenses from
8another jurisdiction, the Department may not issue a temporary
9permit until the Department is satisfied that each current
10active license held by the applicant is unencumbered. The
11temporary permit, which shall be issued no later than 14
12working days after receipt by the Department of an application
13for the temporary permit, shall be granted upon the submission
14of all of the following to the Department:
15        (1) a completed application for licensure as a
16    registered professional nurse;
17        (2) proof of a current, active license in at least one
18    other jurisdiction of the United States and proof that each
19    current active license or temporary license held by the
20    applicant within the last 5 years is unencumbered;
21        (3) a completed application for a temporary permit; and
22        (4) the required temporary permit fee.
23    (d) The Department may refuse to issue an applicant a
24temporary permit authorized pursuant to this Section if, within
2514 working days after its receipt of an application for a
26temporary permit, the Department determines that:

 

 

10000SB0625sam001- 352 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 353 -LRB100 04131 SMS 22955 a

1        (3) the Department intends to deny licensure by
2    endorsement.
3    (f) A temporary permit issued under this Section shall
4expire 6 months after the date of issuance. Further renewal may
5be granted by the Department in hardship cases, as defined by
6rule and upon approval of the Secretary. However, a temporary
7permit shall automatically expire upon issuance of the Illinois
8license or upon notification that the Department intends to
9deny licensure, whichever occurs first.
10    (g) All applicants for registered professional nurse
11licensure have 3 years after the date of application to
12complete the application process. If the process has not been
13completed within 3 years after the date of application, the
14application shall be denied, the fee forfeited, and the
15applicant must reapply and meet the requirements in effect at
16the time of reapplication.
17    (h) An applicant licensed in another state or territory who
18is applying for licensure and has received her or his education
19in a country other than the United States or its territories
20shall have her or his nursing education credentials evaluated
21by a Department-approved nursing credentialing evaluation
22service. No such applicant may be issued a license under this
23Act unless the applicant's program is deemed by the nursing
24credentialing evaluation service to be equivalent to a
25professional nursing education program approved by the
26Department. An applicant who has graduated from a nursing

 

 

10000SB0625sam001- 354 -LRB100 04131 SMS 22955 a

1education program outside of the United States or its
2territories and whose first language is not English shall
3submit evidence of English proficiency, as defined by rule.
 
4    (225 ILCS 65/60-25)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 60-25. Restoration of RN license; temporary permit.
7    (a) Any license to practice professional nursing issued
8under this Act that has expired or that is on inactive status
9may be restored by making application to the Department and
10filing proof of fitness acceptable to the Department as
11specified by rule to have the license restored and by paying
12the required restoration fee. Such proof of fitness may include
13evidence certifying active lawful practice in another
14jurisdiction.
15    (b) A licensee seeking restoration of a license after it
16has expired or been placed on inactive status for more than 5
17years shall file an application, on forms supplied by the
18Department, and submit the restoration or renewal fees set
19forth by the Department. The licensee shall also submit proof
20of fitness to practice as specified by rule. , including one of
21the following:
22        (1) Certification of active practice in another
23    jurisdiction, which may include a statement from the
24    appropriate board or licensing authority in the other
25    jurisdiction that the licensee was authorized to practice

 

 

10000SB0625sam001- 355 -LRB100 04131 SMS 22955 a

1    during the term of said active practice.
2        (2) Proof of the successful completion of a
3    Department-approved licensure examination.
4        (3) An affidavit attesting to military service as
5    provided in subsection (c) of this Section; however, if
6    application is made within 2 years after discharge and if
7    all other provisions of subsection (c) of this Section are
8    satisfied, the applicant shall be required to pay the
9    current renewal fee.
10    (c) Any registered professional nurse license issued under
11this Act that expired while the licensee was (1) in federal
12service on active duty with the Armed Forces of the United
13States or in the State Militia called into service or training
14or (2) in training or education under the supervision of the
15United States preliminary to induction into the military
16service may have the license restored without paying any lapsed
17renewal fees if, within 2 years after honorable termination of
18such service, training, or education, the applicant furnishes
19the Department with satisfactory evidence to the effect that
20the applicant has been so engaged and that the individual's
21service, training, or education has been so terminated.
22    (d) Any licensee who engages in the practice of
23professional nursing with a lapsed license or while on inactive
24status shall be considered to be practicing without a license,
25which shall be grounds for discipline under Section 70-5 of
26this Act.

 

 

10000SB0625sam001- 356 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 357 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 358 -LRB100 04131 SMS 22955 a

1    revoked, suspended, or placed on probation by another
2    jurisdiction, if at least one of the grounds for revoking,
3    suspending, or placing on probation is the same or
4    substantially equivalent to grounds in Illinois; or
5        (3) the Department intends to deny restoration of the
6    license.
7    (h) A temporary permit or renewed temporary permit shall
8expire (i) upon issuance of an Illinois license or (ii) upon
9notification that the Department intends to deny restoration of
10licensure. A temporary permit shall expire 6 months from the
11date of issuance. Further renewal may be granted by the
12Department, in hardship cases, that shall automatically expire
13upon issuance of the Illinois license or upon notification that
14the Department intends to deny licensure, whichever occurs
15first. No extensions shall be granted beyond the 6-month period
16unless approved by the Secretary. Notification by the
17Department under this Section must be by certified or
18registered mail to the address of record or by email to the
19email address of record.
20(Source: P.A. 95-639, eff. 10-5-07.)
 
21    (225 ILCS 65/60-35)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 60-35. RN scope of practice. The RN scope of nursing
24practice is the protection, promotion, and optimization of
25health and abilities, the prevention of illness and injury, the

 

 

10000SB0625sam001- 359 -LRB100 04131 SMS 22955 a

1facilitation of nursing interventions to alleviate suffering,
2care coordination, and advocacy in the care of individuals,
3families, groups, communities, and populations. Practice as a
4registered professional nurse means this full scope of nursing,
5with or without compensation, that incorporates caring for all
6patients in all settings, through nursing standards of practice
7and professional performance for coordination of care, and
8includes, but is not limited to, all of the following:
9        (1) Collecting pertinent data and information relative
10    to the patient's health or the situation.
11        (2) Analyzing the assessment data to determine actual
12    or potential diagnoses, problems, and issues.
13        (3) Identifying expected outcomes for a plan
14    individualized to the patient or the situation that
15    prescribes strategies to attain expected, measurable
16    outcomes.
17        (4) Implementing the identified plan, coordinating
18    care delivery, employing strategies to promote healthy and
19    safe environments, and administering or delegating
20    medication administration.
21        (5) Evaluating progress toward attainment of goals and
22    outcomes.
23        (6) Delegating and assigning nursing interventions to
24    implement the plan of care.
25        (7) Providing health education and counseling.
26        (8) Practicing ethically according to the American

 

 

10000SB0625sam001- 360 -LRB100 04131 SMS 22955 a

1    Nurses Association Code of Ethics.
2        (9) Practicing in a manner that recognizes cultural
3    diversity.
4        (10) Communicating effectively in all areas of
5    practice.
6        (11) Collaborating with patients and other key
7    stakeholders in the conduct of nursing practice.
8        (12) Participating in continuous professional
9    development.
10        (13) Teaching the theory and practice of nursing to
11    student nurses.
12        (14) Leading within the professional practice setting
13    and the profession.
14        (15) Contributing to quality nursing practice.
15        (16) Integrating evidence and research findings into
16    practice.
17        (17) Utilizing appropriate resources to plan, provide,
18    and sustain evidence-based nursing services that are safe,
19    effective, and fiscally responsible.
20        (18) Participating in the development of policies,
21    procedures, and systems to support patient safety.
22    (a) Practice as a registered professional nurse means the
23full scope of nursing, with or without compensation, that
24incorporates caring for all patients in all settings, through
25nursing standards recognized by the Department, and includes,
26but is not limited to, all of the following:

 

 

10000SB0625sam001- 361 -LRB100 04131 SMS 22955 a

1        (1) The comprehensive nursing assessment of the health
2    status of patients that addresses changes to patient
3    conditions.
4        (2) The development of a plan of nursing care to be
5    integrated within the patient-centered health care plan
6    that establishes nursing diagnoses, and setting goals to
7    meet identified health care needs, determining nursing
8    interventions, and implementation of nursing care through
9    the execution of nursing strategies and regimens ordered or
10    prescribed by authorized healthcare professionals.
11        (3) The administration of medication or delegation of
12    medication administration to licensed practical nurses.
13        (4) Delegation of nursing interventions to implement
14    the plan of care.
15        (5) The provision for the maintenance of safe and
16    effective nursing care rendered directly or through
17    delegation.
18        (6) Advocating for patients.
19        (7) The evaluation of responses to interventions and
20    the effectiveness of the plan of care.
21        (8) Communicating and collaborating with other health
22    care professionals.
23        (9) The procurement and application of new knowledge
24    and technologies.
25        (10) The provision of health education and counseling.
26        (11) Participating in development of policies,

 

 

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1    procedures, and systems to support patient safety.
2(Source: P.A. 95-639, eff. 10-5-07.)
 
3    (225 ILCS 65/Art. 65 heading)
4
ARTICLE 65. ADVANCED PRACTICE REGISTERED NURSES
5
(Article scheduled to be repealed on January 1, 2018)
6(Source: P.A. 95-639, eff. 10-5-07.)
 
7    (225 ILCS 65/65-5)   (was 225 ILCS 65/15-10)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 65-5. Qualifications for APRN APN licensure.
10    (a) Each applicant who successfully meets the requirements
11of this Section is eligible for shall be entitled to licensure
12as an advanced practice registered nurse.
13    (b) An applicant for licensure to practice as an advanced
14practice registered nurse is eligible for licensure when the
15following requirements are met must do each of the following:
16        (1) the applicant has submitted Submit a completed
17    application and any fees as established by the Department; .
18        (2) the applicant holds Hold a current license to
19    practice as a registered professional nurse under this
20    Act; .
21        (3) the applicant has Have successfully completed
22    requirements to practice as, and holds and maintains
23    current, national certification as, a nurse midwife,
24    clinical nurse specialist, nurse practitioner, or

 

 

10000SB0625sam001- 363 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 364 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 365 -LRB100 04131 SMS 22955 a

1    period immediately preceding the date of his or her
2    application.
3        (5) Verification of licensure as an advanced practice
4    registered nurse from the state in which he or she was
5    originally licensed, current state of licensure, and any
6    other state in which he or she has been actively practicing
7    as an advanced practice registered nurse within the 5-year
8    period immediately preceding the date of his or her
9    application. If applicable, this verification must state:
10            (A) the time during which he or she was licensed in
11        each state, including the date of the original issuance
12        of each license; and
13            (B) any disciplinary action taken or pending
14        concerning any nursing license held, currently or in
15        the past, by the applicant.
16        (6) The required fee.
17    (c) Those applicants seeking licensure in more than one
18advanced practice registered nursing specialty need not
19possess multiple graduate degrees. Applicants may be eligible
20for licenses for multiple advanced practice registered nurse
21licensure specialties, provided that the applicant (i) has met
22the requirements for at least one advanced practice registered
23nursing specialty under paragraphs (3) and (5) of subsection
24(a) of this Section, (ii) possesses an additional graduate
25education that results in a certificate for another clinical
26advanced practice registered nurse specialty and that meets the

 

 

10000SB0625sam001- 366 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 367 -LRB100 04131 SMS 22955 a

1    or her specialty.
2        (4) Proof that he or she is licensed in Illinois as a
3    registered professional nurse.
4    (b) License pending status shall preclude delegation of
5prescriptive authority.
6    (c) A graduate practicing in accordance with this Section
7must use the title "license pending certified clinical nurse
8specialist", "license pending certified nurse midwife",
9"license pending certified nurse practitioner", or "license
10pending certified registered nurse anesthetist", whichever is
11applicable.
12(Source: P.A. 97-813, eff. 7-13-12.)
 
13    (225 ILCS 65/65-15)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 65-15. Expiration of APRN APN license; renewal.
16    (a) The expiration date and renewal period for each
17advanced practice registered nurse license issued under this
18Act shall be set by rule. The holder of a license may renew the
19license during the month preceding the expiration date of the
20license by paying the required fee. It is the responsibility of
21the licensee to notify the Department in writing of a change of
22address.
23    (b) On and after May 30, 2020, except as provided in
24subsections (c) and (d) of this Section, each advanced practice
25registered nurse is required to show proof of continued,

 

 

10000SB0625sam001- 368 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 369 -LRB100 04131 SMS 22955 a

1license restored and by paying the required restoration fee.
2Such proof of fitness may include evidence certifying active
3lawful practice in another jurisdiction.
4    (b) A licensee seeking restoration of a license after it
5has expired or been placed on inactive status for more than 5
6years shall file an application, on forms supplied by the
7Department, and submit the restoration or renewal fees set
8forth by the Department. The licensee shall also submit proof
9of fitness to practice as specified by rule. , including one of
10the 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 in which the licensee was authorized to
15    practice during the term of said active practice.
16        (2) Proof of the successful completion of a
17    Department-approved licensure examination.
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        (4) Other proof as established by rule.
25    (c) Any advanced practice registered nurse license issued
26under this Act that expired while the licensee was (1) in

 

 

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

 

 

10000SB0625sam001- 371 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 372 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 373 -LRB100 04131 SMS 22955 a

1temporary permit shall expire 6 months from the date of
2issuance. Further renewal may be granted by the Department in
3hardship cases that shall automatically expire upon issuance of
4the Illinois license or upon notification that the Department
5intends to deny licensure, whichever occurs first. No
6extensions shall be granted beyond the 6-month period unless
7approved by the Secretary. Notification by the Department under
8this Section must be by certified or registered mail to the
9address of record or by email to the email address of record.
10(Source: P.A. 95-639, eff. 10-5-07.)
 
11    (225 ILCS 65/65-25)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 65-25. Inactive status of a APRN APN license. Any
14advanced practice registered nurse who notifies the Department
15in writing on forms prescribed by the Department may elect to
16place his or her license on inactive status and shall, subject
17to rules of the Department, be excused from payment of renewal
18fees until notice is given to the Department in writing of his
19or her intent to restore the license.
20    Any advanced practice registered nurse requesting
21restoration from inactive status shall be required to pay the
22current renewal fee and shall be required to restore his or her
23license, as provided by rule of the Department.
24    Any advanced practice registered nurse whose license is on
25inactive status shall not practice advanced practice

 

 

10000SB0625sam001- 374 -LRB100 04131 SMS 22955 a

1registered nursing, as defined by this Act in the State of
2Illinois.
3(Source: P.A. 95-639, eff. 10-5-07.)
 
4    (225 ILCS 65/65-30)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 65-30. APRN APN scope of practice.
7    (a) Advanced practice registered nursing by certified
8nurse practitioners, certified nurse anesthetists, certified
9nurse midwives, or clinical nurse specialists is based on
10knowledge and skills acquired throughout an advanced practice
11registered nurse's nursing education, training, and
12experience.
13    (b) Practice as an advanced practice registered nurse means
14a scope of nursing practice, with or without compensation, and
15includes the registered nurse scope of practice.
16    (c) The scope of practice of an advanced practice
17registered nurse includes, but is not limited to, each of the
18following:
19        (1) Advanced nursing patient assessment and diagnosis.
20        (2) Ordering diagnostic and therapeutic tests and
21procedures, performing those tests and procedures when using
22health care equipment, and interpreting and using the results
23of diagnostic and therapeutic tests and procedures ordered by
24the advanced practice registered nurse or another health care
25professional.

 

 

10000SB0625sam001- 375 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 376 -LRB100 04131 SMS 22955 a

1must have a written collaborative agreement.
2    (b) A written collaborative agreement shall describe the
3relationship of the advanced practice registered nurse with the
4collaborating physician or podiatric physician and shall
5describe the categories of care, treatment, or procedures to be
6provided by the advanced practice registered nurse. A
7collaborative agreement with a dentist must be in accordance
8with subsection (c-10) of this Section. Collaboration does not
9require an employment relationship between the collaborating
10physician or podiatric physician and advanced practice
11registered nurse.
12    The collaborative relationship under an agreement shall
13not be construed to require the personal presence of a
14physician or podiatric physician at the place where services
15are rendered. Methods of communication shall be available for
16consultation with the collaborating physician or podiatric
17physician in person or by telecommunications or electronic
18communications as set forth in the written agreement.
19    (b-5) Absent an employment relationship, a written
20collaborative agreement may not (1) restrict the categories of
21patients of an advanced practice registered nurse within the
22scope of the advanced practice registered nurses training and
23experience, (2) limit third party payors or government health
24programs, such as the medical assistance program or Medicare
25with which the advanced practice registered nurse contracts, or
26(3) limit the geographic area or practice location of the

 

 

10000SB0625sam001- 377 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 378 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 379 -LRB100 04131 SMS 22955 a

1physician, dentist, or podiatric physician.
2    (e) Nothing in this Act shall be construed to limit the
3delegation of tasks or duties by a physician to a licensed
4practical nurse, a registered professional nurse, or other
5persons in accordance with Section 54.2 of the Medical Practice
6Act of 1987. Nothing in this Act shall be construed to limit
7the method of delegation that may be authorized by any means,
8including, but not limited to, oral, written, electronic,
9standing orders, protocols, guidelines, or verbal orders.
10Nothing in this Act shall be construed to authorize an advanced
11practice registered nurse to provide health care services
12required by law or rule to be performed by a physician.
13    (f) An advanced practice registered nurse shall inform each
14collaborating physician, dentist, or podiatric physician of
15all collaborative agreements he or she has signed and provide a
16copy of these to any collaborating physician, dentist, or
17podiatric physician upon request.
18    (g) (Blank).
19(Source: P.A. 98-192, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756,
20eff. 7-16-14; 99-173, eff. 7-29-15.)
 
21    (225 ILCS 65/65-35.1)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 65-35.1. Written collaborative agreement; temporary
24practice. Any advanced practice registered nurse required to
25enter into a written collaborative agreement with a

 

 

10000SB0625sam001- 380 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 381 -LRB100 04131 SMS 22955 a

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

 

 

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

 

 

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1standing orders, protocols, guidelines, or verbal orders.
2    (f) Nothing in this Section shall be construed to apply to
3any medication authority including Schedule II controlled
4substances of an advanced practice registered nurse for care
5provided in a hospital, hospital affiliate, or ambulatory
6surgical treatment center pursuant to Section 65-45.
7    (g) Any advanced practice registered nurse who writes a
8prescription for a controlled substance without having a valid
9appropriate authority may be fined by the Department not more
10than $50 per prescription, and the Department may take any
11other disciplinary action provided for in this Act.
12    (h) Nothing in this Section shall be construed to prohibit
13generic substitution.
14(Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)
 
15    (225 ILCS 65/65-45)   (was 225 ILCS 65/15-25)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 65-45. Advanced practice registered nursing in
18hospitals, hospital affiliates, or ambulatory surgical
19treatment centers.
20    (a) An advanced practice registered nurse may provide
21services in a hospital or a hospital affiliate as those terms
22are defined in the Hospital Licensing Act or the University of
23Illinois Hospital Act or a licensed ambulatory surgical
24treatment center without a written collaborative agreement
25pursuant to Section 65-35 of this Act. An advanced practice

 

 

10000SB0625sam001- 384 -LRB100 04131 SMS 22955 a

1registered nurse must possess clinical privileges recommended
2by the hospital medical staff and granted by the hospital or
3the consulting medical staff committee and ambulatory surgical
4treatment center in order to provide services. The medical
5staff or consulting medical staff committee shall periodically
6review the services of advanced practice registered nurses
7granted clinical privileges, including any care provided in a
8hospital affiliate. Authority may also be granted when
9recommended by the hospital medical staff and granted by the
10hospital or recommended by the consulting medical staff
11committee and ambulatory surgical treatment center to
12individual advanced practice registered nurses to select,
13order, and administer medications, including controlled
14substances, to provide delineated care. In a hospital, hospital
15affiliate, or ambulatory surgical treatment center, the
16attending physician shall determine an advanced practice
17registered nurse's role in providing care for his or her
18patients, except as otherwise provided in the medical staff
19bylaws or consulting committee policies.
20    (a-2) An advanced practice registered nurse granted
21authority to order medications including controlled substances
22may complete discharge prescriptions provided the prescription
23is in the name of the advanced practice registered nurse and
24the attending or discharging physician.
25    (a-3) Advanced practice registered nurses practicing in a
26hospital or an ambulatory surgical treatment center are not

 

 

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1required to obtain a mid-level controlled substance license to
2order controlled substances under Section 303.05 of the
3Illinois Controlled Substances Act.
4    (a-5) For anesthesia services provided by a certified
5registered nurse anesthetist, an anesthesiologist, physician,
6dentist, or podiatric physician shall participate through
7discussion of and agreement with the anesthesia plan and shall
8remain physically present and be available on the premises
9during the delivery of anesthesia services for diagnosis,
10consultation, and treatment of emergency medical conditions,
11unless hospital policy adopted pursuant to clause (B) of
12subdivision (3) of Section 10.7 of the Hospital Licensing Act
13or ambulatory surgical treatment center policy adopted
14pursuant to clause (B) of subdivision (3) of Section 6.5 of the
15Ambulatory Surgical Treatment Center Act provides otherwise. A
16certified registered nurse anesthetist may select, order, and
17administer medication for anesthesia services under the
18anesthesia plan agreed to by the anesthesiologist or the
19physician, in accordance with hospital alternative policy or
20the medical staff consulting committee policies of a licensed
21ambulatory surgical treatment center.
22    (b) An advanced practice registered nurse who provides
23services in a hospital shall do so in accordance with Section
2410.7 of the Hospital Licensing Act and, in an ambulatory
25surgical treatment center, in accordance with Section 6.5 of
26the Ambulatory Surgical Treatment Center Act.

 

 

10000SB0625sam001- 386 -LRB100 04131 SMS 22955 a

1    (c) Advanced practice registered nurses certified as nurse
2practitioners, nurse midwives, or clinical nurse specialists
3practicing in a hospital affiliate may be, but are not required
4to be, granted authority to prescribe Schedule II through V
5controlled substances when such authority is recommended by the
6appropriate physician committee of the hospital affiliate and
7granted by the hospital affiliate. This authority may, but is
8not required to, include prescription of, selection of, orders
9for, administration of, storage of, acceptance of samples of,
10and dispensing over-the-counter medications, legend drugs,
11medical gases, and controlled substances categorized as
12Schedule II through V controlled substances, as defined in
13Article II of the Illinois Controlled Substances Act, and other
14preparations, including, but not limited to, botanical and
15herbal remedies.
16    To prescribe controlled substances under this subsection
17(c), an advanced practice registered nurse certified as a nurse
18practitioner, nurse midwife, or clinical nurse specialist must
19obtain a mid-level practitioner controlled substance license.
20Medication orders shall be reviewed periodically by the
21appropriate hospital affiliate physicians committee or its
22physician designee.
23    The hospital affiliate shall file with the Department
24notice of a grant of prescriptive authority consistent with
25this subsection (c) and termination of such a grant of
26authority, in accordance with rules of the Department. Upon

 

 

10000SB0625sam001- 387 -LRB100 04131 SMS 22955 a

1receipt of this notice of grant of authority to prescribe any
2Schedule II through V controlled substances, the licensed
3advanced practice registered nurse certified as a nurse
4practitioner, nurse midwife, or clinical nurse specialist may
5register for a mid-level practitioner controlled substance
6license under Section 303.05 of the Illinois Controlled
7Substances Act.
8    In addition, a hospital affiliate may, but is not required
9to, grant authority to an advanced practice registered nurse
10certified as a nurse practitioner, nurse midwife, or clinical
11nurse specialist to prescribe any Schedule II controlled
12substances, if all of the following conditions apply:
13        (1) specific Schedule II controlled substances by oral
14    dosage or topical or transdermal application may be
15    designated, provided that the designated Schedule II
16    controlled substances are routinely prescribed by advanced
17    practice registered nurses in their area of certification;
18    this grant of authority must identify the specific Schedule
19    II controlled substances by either brand name or generic
20    name; authority to prescribe or dispense Schedule II
21    controlled substances to be delivered by injection or other
22    route of administration may not be granted;
23        (2) any grant of authority must be controlled
24    substances limited to the practice of the advanced practice
25    registered nurse;
26        (3) any prescription must be limited to no more than a

 

 

10000SB0625sam001- 388 -LRB100 04131 SMS 22955 a

1    30-day supply;
2        (4) the advanced practice registered nurse must
3    discuss the condition of any patients for whom a controlled
4    substance is prescribed monthly with the appropriate
5    physician committee of the hospital affiliate or its
6    physician designee; and
7        (5) the advanced practice registered nurse must meet
8    the education requirements of Section 303.05 of the
9    Illinois Controlled Substances Act.
10(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
 
11    (225 ILCS 65/65-50)   (was 225 ILCS 65/15-30)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 65-50. APRN APN title.
14    (a) No person shall use any words, abbreviations, figures,
15letters, title, sign, card, or device tending to imply that he
16or she is an advanced practice registered nurse, including, but
17not limited to, using the titles or initials "Advanced Practice
18Registered Nurse", "Certified Nurse Midwife", "Certified Nurse
19Practitioner", "Certified Registered Nurse Anesthetist",
20"Clinical Nurse Specialist", "A.P.R.N." "A.P.N.", "C.N.M.",
21"C.N.P.", "C.R.N.A.", "C.N.S.", or similar titles or initials,
22with the intention of indicating practice as an advanced
23practice registered nurse without meeting the requirements of
24this Act. For purposes of this provision, the terms "advanced
25practice nurse" and "A.P.N." are considered to be similar

 

 

10000SB0625sam001- 389 -LRB100 04131 SMS 22955 a

1titles or initials protected by this subsection (a).
2    (b) No advanced practice registered nurse shall indicate to
3other persons that he or she is qualified to engage in the
4practice of medicine.
5    (c) An advanced practice registered nurse shall verbally
6identify himself or herself as an advanced practice registered
7nurse, including specialty certification, to each patient.
8    (d) Nothing in this Act shall be construed to relieve an
9advanced practice registered nurse of the professional or legal
10responsibility for the care and treatment of persons attended
11by him or her.
12(Source: P.A. 95-639, eff. 10-5-07.)
 
13    (225 ILCS 65/65-55)   (was 225 ILCS 65/15-40)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 65-55. Advertising as an APRN APN.
16    (a) A person licensed under this Act as an advanced
17practice registered nurse may advertise the availability of
18professional services in the public media or on the premises
19where the professional services are rendered. The advertising
20shall be limited to the following information:
21        (1) publication of the person's name, title, office
22    hours, address, and telephone number;
23        (2) information pertaining to the person's areas of
24    specialization, including, but not limited to, appropriate
25    board certification or limitation of professional

 

 

10000SB0625sam001- 390 -LRB100 04131 SMS 22955 a

1    practice;
2        (3) publication of the person's collaborating
3    physician's, dentist's, or podiatric physician's name,
4    title, and areas of specialization;
5        (4) information on usual and customary fees for routine
6    professional services offered, which shall include
7    notification that fees may be adjusted due to complications
8    or unforeseen circumstances;
9        (5) announcements of the opening of, change of, absence
10    from, or return to business;
11        (6) announcement of additions to or deletions from
12    professional licensed staff; and
13        (7) the issuance of business or appointment cards.
14    (b) It is unlawful for a person licensed under this Act as
15an advanced practice registered nurse to use testimonials or
16claims of superior quality of care to entice the public. It
17shall be unlawful to advertise fee comparisons of available
18services with those of other licensed persons.
19    (c) This Article does not authorize the advertising of
20professional services that the offeror of the services is not
21licensed or authorized to render. Nor shall the advertiser use
22statements that contain false, fraudulent, deceptive, or
23misleading material or guarantees of success, statements that
24play upon the vanity or fears of the public, or statements that
25promote or produce unfair competition.
26    (d) It is unlawful and punishable under the penalty

 

 

10000SB0625sam001- 391 -LRB100 04131 SMS 22955 a

1provisions of this Act for a person licensed under this Article
2to knowingly advertise that the licensee will accept as payment
3for services rendered by assignment from any third party payor
4the amount the third party payor covers as payment in full, if
5the effect is to give the impression of eliminating the need of
6payment by the patient of any required deductible or copayment
7applicable in the patient's health benefit plan.
8    (e) A licensee shall include in every advertisement for
9services regulated under this Act his or her title as it
10appears on the license or the initials authorized under this
11Act.
12    (f) As used in this Section, "advertise" means solicitation
13by the licensee or through another person or entity by means of
14handbills, posters, circulars, motion pictures, radio,
15newspapers, or television or any other manner.
16(Source: P.A. 98-214, eff. 8-9-13.)
 
17    (225 ILCS 65/65-65)   (was 225 ILCS 65/15-55)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 65-65. Reports relating to APRN APN professional
20conduct and capacity.
21    (a) Entities Required to Report.
22        (1) Health Care Institutions. The chief administrator
23    or executive officer of a health care institution licensed
24    by the Department of Public Health, which provides the
25    minimum due process set forth in Section 10.4 of the

 

 

10000SB0625sam001- 392 -LRB100 04131 SMS 22955 a

1    Hospital Licensing Act, shall report to the Board when an
2    advanced practice registered nurse's organized
3    professional staff clinical privileges are terminated or
4    are restricted based on a final determination, in
5    accordance with that institution's bylaws or rules and
6    regulations, that (i) a person has either committed an act
7    or acts that may directly threaten patient care and that
8    are not of an administrative nature or (ii) that a person
9    may have a mental or physical disability that may endanger
10    patients under that person's care. The chief administrator
11    or officer shall also report if an advanced practice
12    registered nurse accepts voluntary termination or
13    restriction of clinical privileges in lieu of formal action
14    based upon conduct related directly to patient care and not
15    of an administrative nature, or in lieu of formal action
16    seeking to determine whether a person may have a mental or
17    physical disability that may endanger patients under that
18    person's care. The Department Board shall provide by rule
19    for the reporting to it of all instances in which a person
20    licensed under this Article, who is impaired by reason of
21    age, drug, or alcohol abuse or physical or mental
22    impairment, is under supervision and, where appropriate,
23    is in a program of rehabilitation. Reports submitted under
24    this subsection shall be strictly confidential and may be
25    reviewed and considered only by the members of the Board or
26    authorized staff as provided by rule of the Department

 

 

10000SB0625sam001- 393 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 394 -LRB100 04131 SMS 22955 a

1    liability of a person licensed under this Article, shall
2    report to the Board the settlement of any claim or cause of
3    action, or final judgment rendered in any cause of action,
4    that alleged negligence in the furnishing of patient care
5    by the licensee when the settlement or final judgment is in
6    favor of the plaintiff.
7        (4) State's Attorneys. The State's Attorney of each
8    county shall report to the Board all instances in which a
9    person licensed under this Article is convicted or
10    otherwise found guilty of the commission of a felony.
11        (5) State Agencies. All agencies, boards, commissions,
12    departments, or other instrumentalities of the government
13    of this State shall report to the Board any instance
14    arising in connection with the operations of the agency,
15    including the administration of any law by the agency, in
16    which a person licensed under this Article has either
17    committed an act or acts that may constitute a violation of
18    this Article, that may constitute unprofessional conduct
19    related directly to patient care, or that indicates that a
20    person licensed under this Article may have a mental or
21    physical disability that may endanger patients under that
22    person's care.
23    (b) Mandatory Reporting. All reports required under items
24(16) and (17) of subsection (a) of Section 70-5 shall be
25submitted to the Board in a timely fashion. The reports shall
26be filed in writing within 60 days after a determination that a

 

 

10000SB0625sam001- 395 -LRB100 04131 SMS 22955 a

1report is required under this Article. All reports shall
2contain the following information:
3        (1) The name, address, and telephone number of the
4    person making the report.
5        (2) The name, address, and telephone number of the
6    person who is the subject of the report.
7        (3) The name or other means of identification of any
8    patient or patients whose treatment is a subject of the
9    report, except that no medical records may be revealed
10    without the written consent of the patient or patients.
11        (4) A brief description of the facts that gave rise to
12    the issuance of the report, including, but not limited to,
13    the dates of any occurrences deemed to necessitate the
14    filing of the report.
15        (5) If court action is involved, the identity of the
16    court in which the action is filed, the docket number, and
17    date of filing of the action.
18        (6) Any further pertinent information that the
19    reporting party deems to be an aid in the evaluation of the
20    report.
21    Nothing contained in this Section shall be construed to in
22any way waive or modify the confidentiality of medical reports
23and committee reports to the extent provided by law. Any
24information reported or disclosed shall be kept for the
25confidential use of the Board, the Board's attorneys, the
26investigative staff, and authorized clerical staff and shall be

 

 

10000SB0625sam001- 396 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 397 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 398 -LRB100 04131 SMS 22955 a

1by the Board no more than 30 days after the date on which the
2person was notified of the existence of the original report.
3The Board shall review all reports received by it and any
4supporting information and responding statements submitted by
5persons who are the subject of reports. The review by the Board
6shall be in a timely manner but in no event shall the Board's
7initial review of the material contained in each disciplinary
8file be less than 61 days nor more than 180 days after the
9receipt of the initial report by the Board. When the Board
10makes its initial review of the materials contained within its
11disciplinary files, the Board shall, in writing, make a
12determination as to whether there are sufficient facts to
13warrant further investigation or action. Failure to make that
14determination within the time provided shall be deemed to be a
15determination that there are not sufficient facts to warrant
16further investigation or action. Should the Board find that
17there are not sufficient facts to warrant further investigation
18or action, the report shall be accepted for filing and the
19matter shall be deemed closed and so reported. The individual
20or entity filing the original report or complaint and the
21person who is the subject of the report or complaint shall be
22notified in writing by the Board of any final action on their
23report or complaint.
24    (f) (Blank). Summary Reports. The Board shall prepare, on a
25timely basis, but in no event less than one every other month,
26a summary report of final actions taken upon disciplinary files

 

 

10000SB0625sam001- 399 -LRB100 04131 SMS 22955 a

1maintained by the Board. The summary reports shall be made
2available to the public upon request and payment of the fees
3set by the Department. This publication may be made available
4to the public on the Department's Internet website.
5    (g) Any violation of this Section shall constitute a Class
6A misdemeanor.
7    (h) If a person violates the provisions of this Section, an
8action may be brought in the name of the People of the State of
9Illinois, through the Attorney General of the State of
10Illinois, for an order enjoining the violation or for an order
11enforcing compliance with this Section. Upon filing of a
12verified petition in court, the court may issue a temporary
13restraining order without notice or bond and may preliminarily
14or permanently enjoin the violation, and if it is established
15that the person has violated or is violating the injunction,
16the court may punish the offender for contempt of court.
17Proceedings under this subsection shall be in addition to, and
18not in lieu of, all other remedies and penalties provided for
19by this Section.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 70-5. Grounds for disciplinary action.
24    (a) The Department may refuse to issue or to renew, or may
25revoke, suspend, place on probation, reprimand, or take other

 

 

10000SB0625sam001- 400 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 401 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 402 -LRB100 04131 SMS 22955 a

1    and under the Abused and Neglected Child Reporting Act, and
2    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        (13) Willful omission to file or record, or willfully
7    impeding the filing or recording or inducing another person
8    to omit to file or record medical reports as required by
9    law.
10        (13.5) Willfully or willfully failing to report an
11    instance of suspected child abuse or neglect as required by
12    the Abused and Neglected Child Reporting Act.
13        (14) Gross negligence in the practice of practical,
14    professional, or advanced practice registered nursing.
15        (15) Holding oneself out to be practicing nursing under
16    any name other than one's own.
17        (16) Failure of a licensee to report to the Department
18    any adverse final action taken against him or her by
19    another licensing jurisdiction of the United States or any
20    foreign state or country, any peer review body, any health
21    care institution, any professional or nursing society or
22    association, any governmental agency, any law enforcement
23    agency, or any court or a nursing liability claim related
24    to acts or conduct similar to acts or conduct that would
25    constitute grounds for action as defined in this Section.
26        (17) Failure of a licensee to report to the Department

 

 

10000SB0625sam001- 403 -LRB100 04131 SMS 22955 a

1    surrender by the licensee of a license or authorization to
2    practice nursing or advanced practice registered nursing
3    in another state or jurisdiction or current surrender by
4    the licensee of membership on any nursing staff or in any
5    nursing or advanced practice registered nursing or
6    professional association or society while under
7    disciplinary investigation by any of those authorities or
8    bodies for acts or conduct similar to acts or conduct that
9    would constitute grounds for action as defined by this
10    Section.
11        (18) Failing, within 60 days, to provide information in
12    response to a written request made by the Department.
13        (19) Failure to establish and maintain records of
14    patient care and treatment as required by law.
15        (20) Fraud, deceit or misrepresentation in applying
16    for or procuring a license under this Act or in connection
17    with applying for renewal of a license under this Act.
18        (21) Allowing another person or organization to use the
19    licensees' license to deceive the public.
20        (22) Willfully making or filing false records or
21    reports in the licensee's practice, 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        (23) Attempting to subvert or cheat on a licensing

 

 

10000SB0625sam001- 404 -LRB100 04131 SMS 22955 a

1    examination administered under this Act.
2        (24) Immoral conduct in the commission of an act,
3    including, but not limited to, sexual abuse, sexual
4    misconduct, or sexual exploitation, related to the
5    licensee's practice.
6        (25) Willfully or negligently violating the
7    confidentiality between nurse and patient except as
8    required by law.
9        (26) Practicing under a false or assumed name, except
10    as provided by law.
11        (27) The use of any false, fraudulent, or deceptive
12    statement in any document connected with the licensee's
13    practice.
14        (28) Directly or indirectly giving to or receiving from
15    a person, firm, corporation, partnership, or association a
16    fee, commission, rebate, or other form of compensation for
17    professional services not actually or personally rendered.
18    Nothing in this paragraph (28) affects any bona fide
19    independent contractor or employment arrangements among
20    health care professionals, health facilities, health care
21    providers, or other entities, except as otherwise
22    prohibited by law. Any employment arrangements may include
23    provisions for compensation, health insurance, pension, or
24    other employment benefits for the provision of services
25    within the scope of the licensee's practice under this Act.
26    Nothing in this paragraph (28) shall be construed to

 

 

10000SB0625sam001- 405 -LRB100 04131 SMS 22955 a

1    require an employment arrangement to receive professional
2    fees for services rendered.
3        (29) A violation of the Health Care Worker
4    Self-Referral Act.
5        (30) Physical illness, including but not limited to
6    deterioration through the aging process or loss of motor
7    skill, mental illness, or disability that results in the
8    inability to practice the profession with reasonable
9    judgment, skill, or safety.
10        (31) Exceeding the terms of a collaborative agreement
11    or the prescriptive authority delegated to a licensee by
12    his or her collaborating physician or podiatric physician
13    in guidelines established under a written collaborative
14    agreement.
15        (32) Making a false or misleading statement regarding a
16    licensee's skill or the efficacy or value of the medicine,
17    treatment, or remedy prescribed by him or her in the course
18    of treatment.
19        (33) Prescribing, selling, administering,
20    distributing, giving, or self-administering a drug
21    classified as a controlled substance (designated product)
22    or narcotic for other than medically accepted therapeutic
23    purposes.
24        (34) Promotion of the sale of drugs, devices,
25    appliances, or goods provided for a patient in a manner to
26    exploit the patient for financial gain.

 

 

10000SB0625sam001- 406 -LRB100 04131 SMS 22955 a

1        (35) Violating State or federal laws, rules, or
2    regulations relating to controlled substances.
3        (36) Willfully or negligently violating the
4    confidentiality between an advanced practice registered
5    nurse, collaborating physician, dentist, or podiatric
6    physician and a patient, except as required by law.
7        (37) Willfully failing to report an instance of
8    suspected abuse, neglect, financial exploitation, or
9    self-neglect of an eligible adult as defined in and
10    required by the Adult Protective Services Act.
11        (38) Being named as an abuser in a verified report by
12    the Department on Aging and under the Adult Protective
13    Services Act, and upon proof by clear and convincing
14    evidence that the licensee abused, neglected, or
15    financially exploited an eligible adult as defined in the
16    Adult Protective Services Act.
17        (39) (37) A violation of any provision of this Act or
18    any rules adopted promulgated under this Act.
19    (c) The determination by a circuit court that a licensee is
20subject to involuntary admission or judicial admission as
21provided in the Mental Health and Developmental Disabilities
22Code, as amended, operates as an automatic suspension. The
23suspension will end only upon a finding by a court that the
24patient is no longer subject to involuntary admission or
25judicial admission and issues an order so finding and
26discharging the patient; and upon the recommendation of the

 

 

10000SB0625sam001- 407 -LRB100 04131 SMS 22955 a

1Board to the Secretary that the licensee be allowed to resume
2his or her practice.
3    (d) The Department may refuse to issue or may suspend or
4otherwise discipline the license of any person who fails to
5file a return, or to pay the tax, penalty or interest shown in
6a filed return, or to pay any final assessment of the tax,
7penalty, or interest as required by any tax Act administered by
8the Department of Revenue, until such time as the requirements
9of any such tax Act are satisfied.
10    (e) In enforcing this Act, the Department or Board, upon a
11showing of a possible violation, may compel an individual
12licensed to practice under this Act or who has applied for
13licensure under this Act, to submit to a mental or physical
14examination, or both, as required by and at the expense of the
15Department. The Department or Board may order the examining
16physician to present testimony concerning the mental or
17physical examination of the licensee or applicant. No
18information shall be excluded by reason of any common law or
19statutory privilege relating to communications between the
20licensee or applicant and the examining physician. The
21examining physicians shall be specifically designated by the
22Board or Department. The individual to be examined may have, at
23his or her own expense, another physician of his or her choice
24present during all aspects of this examination. Failure of an
25individual to submit to a mental or physical examination, when
26directed, shall result in an automatic suspension without

 

 

10000SB0625sam001- 408 -LRB100 04131 SMS 22955 a

1hearing.
2    All substance-related violations shall mandate an
3automatic substance abuse assessment. Failure to submit to an
4assessment by a licensed physician who is certified as an
5addictionist or an advanced practice registered nurse with
6specialty certification in addictions may be grounds for an
7automatic suspension, as defined by rule.
8    If the Department or Board finds an individual unable to
9practice or unfit for duty because of the reasons set forth in
10this subsection (e) Section, the Department or Board may
11require that individual to submit to a substance abuse
12evaluation or treatment by individuals or programs approved or
13designated by the Department or Board, as a condition, term, or
14restriction for continued, restored reinstated, or renewed
15licensure to practice; or, in lieu of evaluation or treatment,
16the Department may file, or the Board may recommend to the
17Department to file, a complaint to immediately suspend, revoke,
18or otherwise discipline the license of the individual. An
19individual whose license was granted, continued, restored
20reinstated, renewed, disciplined or supervised subject to such
21terms, conditions, or restrictions, and who fails to comply
22with such terms, conditions, or restrictions, shall be referred
23to the Secretary for a determination as to whether the
24individual shall have his or her license suspended immediately,
25pending a hearing by the Department.
26    In instances in which the Secretary immediately suspends a

 

 

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

 

 

10000SB0625sam001- 410 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 411 -LRB100 04131 SMS 22955 a

1further investigation, such investigation shall be completed
2within 60 days of the date of the determination of sufficient
3facts to warrant further investigation or action. Final action
4shall be determined no later than 30 days after the completion
5of the investigation. If there is a finding which verifies
6habitual intoxication or drug addiction which adversely
7affects professional performance or the unlawful possession,
8use, distribution or conversion of habit-forming drugs by the
9reported nurse, the Department may refuse to issue or renew or
10may suspend or revoke that nurse's license as a registered
11professional nurse or a licensed practical nurse.
12    Any of the aforementioned actions or a determination that
13there are insufficient facts to warrant further investigation
14or action shall be considered a final action. The nurse
15administrator or officer who filed the original report or
16complaint, and the nurse who is the subject of the report,
17shall be notified in writing by the Department within 15 days
18of any final action taken by the Department.
19    (b) (Blank). Each year on March 1, the Department shall
20submit a report to the General Assembly. The report shall
21include the number of reports made under this Section to the
22Department during the previous year, the number of reports
23reviewed and found insufficient to warrant further
24investigation, the number of reports not completed and the
25reasons for incompletion. This report shall be made available
26also to nurses requesting the report.

 

 

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1    (c) Any person making a report under this Section or in
2good faith assisting another person in making such a report
3shall have immunity from any liability, either criminal or
4civil, that might result by reason of such action. For the
5purpose of any legal proceeding, criminal or civil, there shall
6be a rebuttable presumption that any person making a report
7under this Section or assisting another person in making such
8report was acting in good faith. All such reports and any
9information disclosed to or collected by the Department
10pursuant to this Section shall remain confidential records of
11the Department and shall not be disclosed nor be subject to any
12law or rule regulation of this State relating to freedom of
13information or public disclosure of records.
14(Source: P.A. 95-639, eff. 10-5-07.)
 
15    (225 ILCS 65/70-20)  (was 225 ILCS 65/20-13)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 70-20. Suspension of license or registration for
18failure to pay restitution. The Department, without further
19process or hearing, shall suspend the license or other
20authorization to practice of any person issued under this Act
21who has been certified by court order as not having paid
22restitution to a person under Section 8A-3.5 of the Illinois
23Public Aid Code or under Section 17-10.5 or 46-1 of the
24Criminal Code of 1961 or the Criminal Code of 2012. A person
25whose license or other authorization to practice is suspended

 

 

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1under this Section is prohibited from practicing until the
2restitution is made in full.
3(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
4    (225 ILCS 65/70-35)   (was 225 ILCS 65/20-31)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 70-35. Licensure requirements; internet site. The
7Department shall make available to the public the requirements
8for licensure in English and Spanish on the internet through
9the Department's World Wide Web site. This information shall
10include the requirements for licensure of individuals
11currently residing in another state or territory of the United
12States or a foreign country, territory, or province. The
13Department shall establish an e-mail link to the Department for
14information on the requirements for licensure, with replies
15available in English and Spanish.
16(Source: P.A. 95-639, eff. 10-5-07.)
 
17    (225 ILCS 65/70-40)   (was 225 ILCS 65/20-32)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 70-40. Educational resources; internet link. The
20Department may shall work with the Board, the Board of Higher
21Education, the Illinois Student Assistance Commission,
22Statewide organizations, and community-based organizations to
23develop a list of Department-approved nursing programs and
24other educational resources related to the Test of English as a

 

 

10000SB0625sam001- 414 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 415 -LRB100 04131 SMS 22955 a

1    Nursing Dedicated and Professional Fund shall be
2    appropriated to the Department for expenses of the
3    Department and the Board in the administration of this Act.
4    All earnings received from investment of moneys in the
5    Nursing Dedicated and Professional Fund shall be deposited
6    in the Nursing Dedicated and Professional Fund and shall be
7    used for the same purposes as fees deposited in the Fund.
8        (4) For the fiscal year beginning July 1, 2009 and for
9    each fiscal year thereafter, $2,000,000 of the moneys
10    deposited in the Nursing Dedicated and Professional Fund
11    each year shall be set aside and appropriated to the
12    Department of Public Health for nursing scholarships
13    awarded pursuant to the Nursing Education Scholarship Law.
14    Representatives of the Department and the Nursing
15    Education Scholarship Program Advisory Council shall
16    review this requirement and the scholarship awards every 2
17    years.
18        (5) Moneys in the Fund may be transferred to the
19    Professions Indirect Cost Fund as authorized under Section
20    2105-300 of the Department of Professional Regulation Law
21    (20 ILCS 2105/2105-300).
22    (c) Moneys set aside for nursing scholarships awarded
23pursuant to the Nursing Education Scholarship Law as provided
24in item (4) of subsection (b) of this Section may not be
25transferred under Section 8h of the State Finance Act.
26(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;

 

 

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196-328, eff. 8-11-09; 96-805, eff. 10-30-09.)
 
2    (225 ILCS 65/70-60)   (was 225 ILCS 65/20-55)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 70-60. Summary suspension; imminent danger. The
5Secretary of the Department may, upon receipt of a written
6communication from the Secretary of Human Services, the
7Director of Healthcare and Family Services (formerly Director
8of Public Aid), or the Director of Public Health that
9continuation of practice of a person licensed under this Act
10constitutes an immediate danger to the public, immediately
11suspend the license of such person without a hearing. In
12instances in which the Secretary immediately suspends a license
13under this Section, a hearing upon such person's license must
14be convened by the Department within 30 days after such
15suspension and completed without appreciable delay, such
16hearing held to determine whether to recommend to the Secretary
17that the person's license be revoked, suspended, placed on
18probationary status or restored reinstated, or such person be
19subject to other disciplinary action. In such hearing, the
20written communication and any other evidence submitted
21therewith may be introduced as evidence against such person;
22provided, however, the person, or his or her counsel, shall
23have the opportunity to discredit or impeach and submit
24evidence rebutting such evidence.
25(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)
 

 

 

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1    (225 ILCS 65/70-75)   (was 225 ILCS 65/20-75)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 70-75. Injunctive remedies.
4    (a) If any person violates the provision of this Act, the
5Secretary may, in the name of the People of the State of
6Illinois, through the Attorney General of the State of
7Illinois, or the State's Attorney of any county in which the
8action is brought, petition for an order enjoining such
9violation or for an order enforcing compliance with this Act.
10Upon the filing of a verified petition in court, the court may
11issue a temporary restraining order, without notice or bond,
12and may preliminarily and permanently enjoin such violation,
13and if it is established that such person has violated or is
14violating the injunction, the court may punish the offender for
15contempt of court. Proceedings under this Section shall be in
16addition to, and not in lieu of, all other remedies and
17penalties provided by this Act.
18    (b) If any person shall practice as a nurse or hold herself
19or himself out as a nurse without being licensed under the
20provisions of this Act, then any licensed nurse, any interested
21party, or any person injured thereby may, in addition to the
22Secretary, petition for relief as provided in subsection (a) of
23this Section.
24    (b-5) Whoever knowingly practices or offers to practice
25nursing in this State without a license for that purpose shall

 

 

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1be guilty of a Class A misdemeanor and for each subsequent
2conviction, shall be guilty of a Class 4 felony. All criminal
3fines, monies, or other property collected or received by the
4Department under this Section or any other State or federal
5statute, including, but not limited to, property forfeited to
6the Department under Section 505 of the Illinois Controlled
7Substances Act or Section 85 of the Methamphetamine Control and
8Community Protection Act, shall be deposited into the
9Professional Regulation Evidence Fund.
10    (c) Whenever in the opinion of the Department any person
11violates any provision of this Act, the Department may issue a
12rule to show cause why an order to cease and desist should not
13be entered against him. The rule shall clearly set forth the
14grounds relied upon by the Department and shall provide a
15period of 7 days from the date of the rule to file an answer to
16the satisfaction of the Department. Failure to answer to the
17satisfaction of the Department shall cause an order to cease
18and desist to be issued forthwith.
19(Source: P.A. 94-556, eff. 9-11-05; 95-639, eff. 10-5-07.)
 
20    (225 ILCS 65/70-80)   (was 225 ILCS 65/20-80)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 70-80. Investigation; notice; hearing.
23    (a) The Prior to bringing an action before the Board, the
24Department may investigate the actions of any applicant or of
25any person or persons holding or claiming to hold a license

 

 

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1under this Act.
2    (b) The Department shall, before suspending, revoking,
3placing on probationary status, or taking any other
4disciplinary action as the Department may deem proper with
5regard to any license disciplining a license under this Section
6or refusing to issue a license, at least 30 days prior to the
7date set for the hearing, (i) notify the accused in writing of
8any charges made and the time and place for the a hearing of
9the charges before the Board, (ii) direct her or him to file a
10written answer to the charges thereto to the Board under oath
11within 20 days after the service; of such notice and (iii)
12inform the applicant or licensee that failure if she or he
13fails to file such answer will result in a default being
14entered default will be taken against the applicant or
15licensee. As a result of the default, and such license may be
16suspended, revoked, placed on probationary status, or have
17other disciplinary action, including limiting the scope,
18nature or extent of her or his practice, as the Department may
19deem proper taken with regard thereto. Such written notice may
20be served by personal delivery or certified or registered mail
21to the respondent at the address of her or his last
22notification to the Department.
23    (c) At the time and place fixed in the notice, the
24Department shall proceed to hear the charges and the parties or
25their counsel shall be accorded ample opportunity to present
26any pertinent such statements, testimony, evidence and

 

 

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1arguments. argument as may be pertinent to the charges or to
2the defense to the charges. The Department may continue a
3hearing from time to time. In case the accused person, after
4receiving notice, fails to file an answer, her or his license
5may in the discretion of the Secretary, having received first
6the recommendation of the Board, be suspended, revoked, placed
7on probationary status, or be subject to whatever disciplinary
8action the Secretary considers proper the Secretary may take
9whatever disciplinary action as he or she may deem proper,
10including limiting the scope, nature, or extent of said
11person's practice or the imposition of a fine, without a
12hearing, if the act or acts charged constitute sufficient
13grounds for such action under this Act.
14    (d) The written notice and any notice in the subsequent
15proceeding may be served by personal delivery or regular or
16certified mail to the respondent at the respondent's address of
17record or by email to the respondent's email address of record.
18    (e) The Secretary has the authority to appoint any attorney
19licensed to practice law in the State of Illinois to serve as
20the hearing officer in any action for refusal to issue,
21restore, or renew a license or to discipline a licensee. The
22hearing officer has full authority to conduct the hearing. The
23Board may have a member or members present at any hearing. The
24Board members shall have equal or greater licensing
25qualifications than those of the licensee being prosecuted.
26(Source: P.A. 95-639, eff. 10-5-07.)
 

 

 

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1    (225 ILCS 65/70-81 new)
2    Sec. 70-81. Confidentiality. All information collected by
3the Department in the course of an examination or investigation
4of a licensee or applicant, including, but not limited to, any
5complaint against a licensee filed with the Department and
6information collected to investigate any such complaint, shall
7be maintained for the confidential use of the Department and
8shall not be disclosed. The Department may not disclose the
9information to anyone other than law enforcement officials,
10other regulatory agencies that have an appropriate regulatory
11interest as determined by the Secretary of the Department, or a
12party presenting a lawful subpoena to the Department.
13Information and documents disclosed to a federal, State,
14county, or local law enforcement agency shall not be disclosed
15by the agency for any purpose to any other agency or person. A
16formal complaint filed by the Department against a licensee or
17applicant shall be a public record, except as otherwise
18prohibited by law.
 
19    (225 ILCS 65/70-85)   (was 225 ILCS 65/20-85)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 70-85. Stenographer; transcript. The Department, at
22its expense, shall provide a stenographer to take down the
23testimony and preserve a record of all formal hearing
24proceedings if a license may be revoked, suspended, or placed

 

 

10000SB0625sam001- 422 -LRB100 04131 SMS 22955 a

1on probationary status or other disciplinary action may be
2taken at the hearing of any case wherein any disciplinary
3action is taken regarding a license. Any licensee who is found
4to have violated this Act or who fails to appear for a hearing
5to refuse to issue, restore, or renew a license or to
6discipline a license may be required by the Department to pay
7for the costs of the proceeding. These costs are limited to
8costs for court reporters, transcripts, and witness attendance
9and mileage fees. The Secretary may waive payment of costs by a
10licensee in whole or in part where there is an undue financial
11hardship. The notice of hearing, complaint and all other
12documents in the nature of pleadings and written motions filed
13in the proceedings, the transcript of testimony, the report of
14the Board and the orders of the Department shall be the record
15of the proceedings. The Department shall furnish a transcript
16of the record to any person interested in the hearing upon
17payment of the fee required under Section 2105-115 of the
18Department of Professional Regulation Law (20 ILCS
192105/2105-115).
20(Source: P.A. 95-639, eff. 10-5-07.)
 
21    (225 ILCS 65/70-100)   (was 225 ILCS 65/20-100)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 70-100. Hearing; findings and recommendations;
24rehearing Board report.
25    (a) The Board or the hearing officer authorized by the

 

 

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

 

 

10000SB0625sam001- 424 -LRB100 04131 SMS 22955 a

1to the applicant or licensee.
2    (c) If the Secretary disagrees in any regard with the
3report of the Board, the Secretary may issue an order contrary
4to the report. The report of findings of fact, conclusions of
5law, and recommendation of the Board shall be the basis for the
6Department's order of refusal or for the granting of a license
7or permit unless the Secretary shall determine that the report
8is contrary to the manifest weight of the evidence, in which
9case the Secretary may issue an order in contravention of the
10report. The findings are not admissible in evidence against the
11person in a criminal prosecution brought for the violation of
12this Act, but the hearing and findings are not a bar to a
13criminal prosecution brought for the violation of this Act.
14    (d) Whenever the Secretary is not satisfied that
15substantial justice has been done, the Secretary may order a
16rehearing by the same or another hearing officer.
17    (e) All proceedings under this Section are matters of
18public record and shall be preserved.
19    (f) Upon the suspension or revocation of a license, the
20licensee shall surrender the license to the Department, and,
21upon failure to do so, the Department shall seize the same.
22(Source: P.A. 95-639, eff. 10-5-07.)
 
23    (225 ILCS 65/70-103 new)
24    Sec. 70-103. Disposition by consent order. At any point in
25any investigation or disciplinary proceeding provided for in

 

 

10000SB0625sam001- 425 -LRB100 04131 SMS 22955 a

1this Act, both parties may agree to a negotiated consent order.
2The consent order shall be final upon signature of the
3Secretary.
 
4    (225 ILCS 65/70-140)   (was 225 ILCS 65/20-140)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 70-140. Review under Administrative Review Law. All
7final administrative decisions of the Department are hereunder
8shall be subject to judicial review pursuant to the provisions
9revisions of the Administrative Review Law, and all rules
10amendments and modifications thereof, and the rule adopted
11under the Administrative Review Law pursuant thereto. The term
12"administrative decision" is defined as in Section 3-101 of the
13Code of Civil Procedure.
14    Proceedings for judicial review shall be commenced in the
15circuit court of the county in which the party applying for
16review resides; however, if the party is not a resident of this
17State, the venue shall be Sangamon County.
18(Source: P.A. 95-639, eff. 10-5-07.)
 
19    (225 ILCS 65/70-145)   (was 225 ILCS 65/20-145)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 70-145. Certification of record. The Department shall
22not be required to certify any record to the court, Court or
23file any answer in court, or otherwise appear in any court in a
24judicial review proceeding, unless and until the Department has

 

 

10000SB0625sam001- 426 -LRB100 04131 SMS 22955 a

1received from the plaintiff payment of the costs of furnishing
2and certifying the record, which costs shall be determined by
3the Department. Exhibits shall be certified without cost there
4is filed in the court, with the complaint, a receipt from the
5Department acknowledging payment of the costs of furnishing and
6certifying the record. Failure on the part of the plaintiff to
7file such receipt in Court shall be grounds for dismissal of
8the action.
9(Source: P.A. 95-639, eff. 10-5-07.)
 
10    (225 ILCS 65/70-160)   (was 225 ILCS 65/20-160)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 70-160. Illinois Administrative Procedure Act. The
13Illinois Administrative Procedure Act is hereby expressly
14adopted and incorporated herein as if all of the provisions of
15that Act were included in this Act, except that the provision
16of subsection (d) of Section 10-65 of the Illinois
17Administrative Procedure Act that provides that at hearings the
18licensee has the right to show compliance with all lawful
19requirements for retention, continuation or renewal of the
20license is specifically excluded. For the purposes of this Act,
21the notice required under Section 10-25 of the Illinois
22Administrative Procedure Act is deemed sufficient when mailed
23to the address of record last known address of a party.
24(Source: P.A. 95-639, eff. 10-5-07.)
 

 

 

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

 

 

10000SB0625sam001- 428 -LRB100 04131 SMS 22955 a

1        and
2            (C) evaluate and report the results of the Advisory
3        Board's efforts to the General Assembly and others.
4        (3) To enhance and promote recognition, reward, and
5    renewal activities for nurses in Illinois by:
6            (A) proposing and creating reward, recognition,
7        and renewal activities for nursing; and
8            (B) promoting media and positive image-building
9        efforts for nursing.
10(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
 
11    (225 ILCS 65/75-15)  (was 225 ILCS 65/17-15)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 75-15. Illinois Center for Nursing Workforce Center
14Advisory Board.
15    (a) There is created the Illinois Center for Nursing
16Workforce Center Advisory Board, which shall consist of 11
17members appointed by the Secretary Governor, with 6 members of
18the Advisory Board being nurses representative of various
19nursing specialty areas. The other 5 members may include
20representatives of associations, health care providers,
21nursing educators, and consumers.
22    (b) The membership of the Advisory Board shall reasonably
23reflect representation from the geographic areas in this State.
24    (c) Members of the Advisory Board appointed by the
25Secretary Governor shall serve for terms of 4 years, with no

 

 

10000SB0625sam001- 429 -LRB100 04131 SMS 22955 a

1member serving more than 10 successive years, except that,
2initially, 4 members shall be appointed to the Advisory Board
3for terms that expire on June 30, 2009, 4 members shall be
4appointed to the Advisory Board for terms that expire on June
530, 2008, and 3 members shall be appointed to the Advisory
6Board for terms that expire on June 30, 2007. A member shall
7serve until his or her successor is appointed and has
8qualified. Vacancies shall be filled in the same manner as
9original appointments, and any member so appointed shall serve
10during the remainder of the term for which the vacancy
11occurred.
12    (d) A quorum of the Advisory Board shall consist of a
13majority of Advisory Board members currently serving. A
14majority vote of the quorum is required for Advisory Board
15decisions. A vacancy in the membership of the Advisory Board
16shall not impair the right of a quorum to exercise all of the
17rights and perform all of the duties of the Advisory Board.
18    (e) The Secretary Governor may remove any appointed member
19of the Advisory Board for misconduct, incapacity, or neglect of
20duty and shall be the sole judge of the sufficiency of the
21cause for removal.
22    (f) Members of the Advisory Board are immune from suit in
23any action based upon any activities performed in good faith as
24members of the Advisory Board.
25    (g) Members of the Advisory Board shall not receive
26compensation, but shall be reimbursed for actual traveling,

 

 

10000SB0625sam001- 430 -LRB100 04131 SMS 22955 a

1incidentals, and expenses necessarily incurred in carrying out
2their duties as members of the Advisory Board, as approved by
3the Department.
4    (h) The Advisory Board shall meet annually to elect a
5chairperson and vice chairperson.
6(Source: P.A. 97-813, eff. 7-13-12; 98-247, eff. 8-9-13.)
 
7    (225 ILCS 65/75-20)  (was 225 ILCS 65/17-20)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 75-20. Powers and duties of the Advisory Board.
10    (a) The Advisory Board shall be advisory to the Department
11and shall possess and perform each of the following powers and
12duties:
13        (1) determine operational policy;
14        (2) (blank); administer grants, scholarships,
15    internships, and other programs, as defined by rule,
16    including the administration of programs, as determined by
17    law, that further those goals set forth in Section 75-10 of
18    this Article, in consultation with other State agencies, as
19    provided by law;
20        (3) establish committees of the Advisory Board as
21    needed;
22        (4) recommend the adoption and, from time to time, the
23    revision of those rules that may be adopted and necessary
24    to carry out the provisions of this Act;
25        (5) implement the major functions of the Center, as

 

 

10000SB0625sam001- 431 -LRB100 04131 SMS 22955 a

1    established in the goals set forth in Section 75-10 of this
2    Article; and
3        (6) seek and accept non-State funds for carrying out
4    the policy of the Center.
5    (b) The Center shall work in consultation with other State
6agencies as necessary.
7(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
 
8    (225 ILCS 65/80-15)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 80-15. Licensure requirement; exempt activities.
11    (a) On and after January 1, 2015, no person shall practice
12as a medication aide or hold himself or herself out as a
13licensed medication aide in this State unless he or she is
14licensed under this Article.
15    (b) Nothing in this Article shall be construed as
16preventing or restricting the practice, services, or
17activities of:
18        (1) any person licensed in this State by any other law
19    from engaging in the profession or occupation for which he
20    or she is licensed;
21        (2) any person employed as a medication aide by the
22    government of the United States, if such person practices
23    as a medication aide solely under the direction or control
24    of the organization by which he or she is employed; or
25        (3) any person pursuing a course of study leading to a

 

 

10000SB0625sam001- 432 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 433 -LRB100 04131 SMS 22955 a

1    If an applicant fails to pass an examination for licensure
2registration under this Act within 3 years after filing his or
3her application, the application shall be denied. The applicant
4may thereafter make a new application accompanied by the
5required fee; however, the applicant shall meet all
6requirements in effect at the time of subsequent application
7before obtaining licensure. The Department may employ
8consultants for the purposes of preparing and conducting
9examinations.
10(Source: P.A. 98-990, eff. 8-18-14.)
 
11    (225 ILCS 65/60-15 rep.)
12    (225 ILCS 65/70-30 rep.)
13    (225 ILCS 65/70-65 rep.)
14    (225 ILCS 65/70-105 rep.)
15    (225 ILCS 65/70-110 rep.)
16    (225 ILCS 65/70-115 rep.)
17    (225 ILCS 65/75-5 rep.)
18    Section 165. The Nurse Practice Act is amended by repealing
19Sections 60-15, 70-30, 70-65, 70-105, 70-110, 70-115, and 75-5.
 
20    Section 170. The Illinois Occupational Therapy Practice
21Act is amended by changing Sections 3.1 and 19 as follows:
 
22    (225 ILCS 75/3.1)
23    (Section scheduled to be repealed on January 1, 2024)

 

 

10000SB0625sam001- 434 -LRB100 04131 SMS 22955 a

1    Sec. 3.1. Referrals.
2    (a) A licensed occupational therapist or licensed
3occupational therapy assistant may consult with, educate,
4evaluate, and monitor services for individuals, groups, and
5populations concerning occupational therapy needs. Except as
6indicated in subsections (b) and (c) of this Section,
7implementation of direct occupational therapy treatment to
8individuals for their specific health care conditions shall be
9based upon a referral from a licensed physician, dentist,
10podiatric physician, advanced practice registered nurse,
11physician assistant, or optometrist.
12    (b) A referral is not required for the purpose of providing
13consultation, habilitation, screening, education, wellness,
14prevention, environmental assessments, and work-related
15ergonomic services to individuals, groups, or populations.
16    (c) Referral from a physician or other health care provider
17is not required for evaluation or intervention for children and
18youths if an occupational therapist or occupational therapy
19assistant provides services in a school-based or educational
20environment, including the child's home.
21    (d) An occupational therapist shall refer to a licensed
22physician, dentist, optometrist, advanced practice registered
23nurse, physician assistant, or podiatric physician any patient
24whose medical condition should, at the time of evaluation or
25treatment, be determined to be beyond the scope of practice of
26the occupational therapist.

 

 

10000SB0625sam001- 435 -LRB100 04131 SMS 22955 a

1(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
298-756, eff. 7-16-14; 99-173, eff. 7-29-15.)
 
3    (225 ILCS 75/19)  (from Ch. 111, par. 3719)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 19. Grounds for discipline.
6    (a) The Department may refuse to issue or renew, or may
7revoke, suspend, place on probation, reprimand or take other
8disciplinary or non-disciplinary action as the Department may
9deem proper, including imposing fines not to exceed $10,000 for
10each violation and the assessment of costs as provided under
11Section 19.3 of this Act, with regard to any license for any
12one or combination of the following:
13        (1) Material misstatement in furnishing information to
14    the Department;
15        (2) Violations of this Act, or of the rules promulgated
16    thereunder;
17        (3) Conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or
19    sentencing of any crime, including, but not limited to,
20    convictions, preceding sentences of supervision,
21    conditional discharge, or first offender probation, under
22    the laws of any jurisdiction of the United States that is
23    (i) a felony or (ii) a misdemeanor, an essential element of
24    which is dishonesty, or that is directly related to the
25    practice of the profession;

 

 

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1        (4) Fraud or any misrepresentation in applying for or
2    procuring a license under this Act, or in connection with
3    applying for renewal of a license under this Act;
4        (5) Professional incompetence;
5        (6) Aiding or assisting another person, firm,
6    partnership or corporation in violating any provision of
7    this Act or rules;
8        (7) Failing, within 60 days, to provide information in
9    response to a written request made by the Department;
10        (8) Engaging in dishonorable, unethical or
11    unprofessional conduct of a character likely to deceive,
12    defraud or harm the public;
13        (9) Habitual or excessive use or abuse of drugs defined
14    in law as controlled substances, alcohol, or any other
15    substance that results in the inability to practice with
16    reasonable judgment, skill, or safety;
17        (10) Discipline by another state, unit of government,
18    government agency, the District of Columbia, a territory,
19    or foreign nation, if at least one of the grounds for the
20    discipline is the same or substantially equivalent to those
21    set forth herein;
22        (11) Directly or indirectly giving to or receiving from
23    any person, firm, corporation, partnership, or association
24    any fee, commission, rebate or other form of compensation
25    for professional services not actually or personally
26    rendered. Nothing in this paragraph (11) affects any bona

 

 

10000SB0625sam001- 437 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 438 -LRB100 04131 SMS 22955 a

1    law, assumed name;
2        (18) Professional incompetence or gross negligence;
3        (19) Malpractice;
4        (20) Promotion of the sale of drugs, devices,
5    appliances, or goods provided for a patient in any manner
6    to exploit the client for financial gain of the licensee;
7        (21) Gross, willful, or continued overcharging for
8    professional services;
9        (22) Mental illness or disability that results in the
10    inability to practice under this Act with reasonable
11    judgment, skill, or safety;
12        (23) Violating the Health Care Worker Self-Referral
13    Act;
14        (24) Having treated patients other than by the practice
15    of occupational therapy as defined in this Act, or having
16    treated patients as a licensed occupational therapist
17    independent of a referral from a physician, advanced
18    practice registered nurse or physician assistant in
19    accordance with Section 3.1, dentist, podiatric physician,
20    or optometrist, or having failed to notify the physician,
21    advanced practice registered nurse, physician assistant,
22    dentist, podiatric physician, or optometrist who
23    established a diagnosis that the patient is receiving
24    occupational therapy pursuant to that diagnosis;
25        (25) Cheating on or attempting to subvert the licensing
26    examination administered under this Act; and

 

 

10000SB0625sam001- 439 -LRB100 04131 SMS 22955 a

1        (26) Charging for professional services not rendered,
2    including filing false statements for the collection of
3    fees for which services are not rendered.
4    All fines imposed under this Section shall be paid within
560 days after the effective date of the order imposing the fine
6or in accordance with the terms set forth in the order imposing
7the fine.
8    (b) The determination by a circuit court that a license
9holder is subject to involuntary admission or judicial
10admission as provided in the Mental Health and Developmental
11Disabilities Code, as now or hereafter amended, operates as an
12automatic suspension. Such suspension will end only upon a
13finding by a court that the patient is no longer subject to
14involuntary admission or judicial admission and an order by the
15court so finding and discharging the patient. In any case where
16a license is suspended under this provision, the licensee shall
17file a petition for restoration and shall include evidence
18acceptable to the Department that the licensee can resume
19practice in compliance with acceptable and prevailing
20standards of their profession.
21    (c) The Department may refuse to issue or may suspend
22without hearing, as provided for in the Code of Civil
23Procedure, the license of any person who fails to file a
24return, to pay the tax, penalty, or interest shown in a filed
25return, or to pay any final assessment of tax, penalty, or
26interest as required by any tax Act administered by the

 

 

10000SB0625sam001- 440 -LRB100 04131 SMS 22955 a

1Illinois Department of Revenue, until such time as the
2requirements of any such tax Act are satisfied in accordance
3with subsection (a) of Section 2105-15 of the Department of
4Professional Regulation Law of the Civil Administrative Code of
5Illinois.
6    (d) In enforcing this Section, the Department, upon a
7showing of a possible violation, may compel any individual who
8is licensed under this Act or any individual who has applied
9for licensure to submit to a mental or physical examination or
10evaluation, or both, which may include a substance abuse or
11sexual offender evaluation, at the expense of the Department.
12The Department shall specifically designate the examining
13physician licensed to practice medicine in all of its branches
14or, if applicable, the multidisciplinary team involved in
15providing the mental or physical examination and evaluation.
16The multidisciplinary team shall be led by a physician licensed
17to practice medicine in all of its branches and may consist of
18one or more or a combination of physicians licensed to practice
19medicine in all of its branches, licensed chiropractic
20physicians, licensed clinical psychologists, licensed clinical
21social workers, licensed clinical professional counselors, and
22other professional and administrative staff. Any examining
23physician or member of the multidisciplinary team may require
24any person ordered to submit to an examination and evaluation
25pursuant to this Section to submit to any additional
26supplemental testing deemed necessary to complete any

 

 

10000SB0625sam001- 441 -LRB100 04131 SMS 22955 a

1examination or evaluation process, including, but not limited
2to, blood testing, urinalysis, psychological testing, or
3neuropsychological testing.
4    The Department may order the examining physician or any
5member of the multidisciplinary team to provide to the
6Department any and all records, including business records,
7that relate to the examination and evaluation, including any
8supplemental testing performed. The Department may order the
9examining physician or any member of the multidisciplinary team
10to present testimony concerning this examination and
11evaluation of the licensee or applicant, including testimony
12concerning any supplemental testing or documents relating to
13the examination and evaluation. No information, report,
14record, or other documents in any way related to the
15examination and evaluation shall be excluded by reason of any
16common law or statutory privilege relating to communication
17between the licensee or applicant and the examining physician
18or any member of the multidisciplinary team. No authorization
19is necessary from the licensee or applicant ordered to undergo
20an evaluation and examination for the examining physician or
21any member of the multidisciplinary team to provide
22information, reports, records, or other documents or to provide
23any testimony regarding the examination and evaluation. The
24individual to be examined may have, at his or her own expense,
25another physician of his or her choice present during all
26aspects of the examination.

 

 

10000SB0625sam001- 442 -LRB100 04131 SMS 22955 a

1    Failure of any individual to submit to mental or physical
2examination or evaluation, or both, when directed, shall result
3in an automatic suspension without hearing, until such time as
4the individual submits to the examination. If the Department
5finds a licensee unable to practice because of the reasons set
6forth in this Section, the Department shall require the
7licensee to submit to care, counseling, or treatment by
8physicians approved or designated by the Department as a
9condition for continued, reinstated, or renewed licensure.
10    When the Secretary immediately suspends a license under
11this Section, a hearing upon such person's license must be
12convened by the Department within 15 days after the suspension
13and completed without appreciable delay. The Department shall
14have the authority to review the licensee's record of treatment
15and counseling regarding the impairment to the extent permitted
16by applicable federal statutes and regulations safeguarding
17the confidentiality of medical records.
18    Individuals licensed under this Act that are affected under
19this Section, shall be afforded an opportunity to demonstrate
20to the Department that they can resume practice in compliance
21with acceptable and prevailing standards under the provisions
22of their license.
23    (e) The Department shall deny a license or renewal
24authorized by this Act to a person who has defaulted on an
25educational loan or scholarship provided or guaranteed by the
26Illinois Student Assistance Commission or any governmental

 

 

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1agency of this State in accordance with paragraph (5) of
2subsection (a) of Section 2105-15 of the Department of
3Professional Regulation Law of the Civil Administrative Code of
4Illinois.
5    (f) In cases where the Department of Healthcare and Family
6Services has previously determined a licensee or a potential
7licensee is more than 30 days delinquent in the payment of
8child support and has subsequently certified the delinquency to
9the Department, the Department may refuse to issue or renew or
10may revoke or suspend that person's license or may take other
11disciplinary action against that person based solely upon the
12certification of delinquency made by the Department of
13Healthcare and Family Services in accordance with paragraph (5)
14of subsection (a) of Section 2105-15 of the Department of
15Professional Regulation Law of the Civil Administrative Code of
16Illinois.
17(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
1898-756, eff. 7-16-14.)
 
19    Section 175. The Orthotics, Prosthetics, and Pedorthics
20Practice Act is amended by changing Sections 15 and 57 as
21follows:
 
22    (225 ILCS 84/15)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 15. Exceptions. This Act shall not be construed to

 

 

10000SB0625sam001- 444 -LRB100 04131 SMS 22955 a

1prohibit:
2    (1) a physician licensed in this State from engaging in the
3practice for which he or she is licensed;
4    (2) a person licensed in this State under any other Act
5from engaging in the practice for which he or she is licensed;
6    (3) the practice of orthotics, prosthetics, or pedorthics
7by a person who is employed by the federal government or any
8bureau, division, or agency of the federal government while in
9the discharge of the employee's official duties;
10    (4) the practice of orthotics, prosthetics, or pedorthics
11by (i) a student enrolled in a school of orthotics,
12prosthetics, or pedorthics, (ii) a resident continuing his or
13her clinical education in a residency accredited by the
14National Commission on Orthotic and Prosthetic Education, or
15(iii) a student in a qualified work experience program or
16internship in pedorthics;
17    (5) the practice of orthotics, prosthetics, or pedorthics
18by one who is an orthotist, prosthetist, or pedorthist licensed
19under the laws of another state or territory of the United
20States or another country and has applied in writing to the
21Department, in a form and substance satisfactory to the
22Department, for a license as orthotist, prosthetist, or
23pedorthist and who is qualified to receive the license under
24Section 40 until (i) the expiration of 6 months after the
25filing of the written application, (ii) the withdrawal of the
26application, or (iii) the denial of the application by the

 

 

10000SB0625sam001- 445 -LRB100 04131 SMS 22955 a

1Department;
2    (6) a person licensed by this State as a physical
3therapist, occupational therapist, or advanced practice
4registered nurse from engaging in his or her profession; or
5    (7) a physician licensed under the Podiatric Medical
6Practice Act of 1987 from engaging in his or her profession.
7(Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
8    (225 ILCS 84/57)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 57. Limitation on provision of care and services. A
11licensed orthotist, prosthetist, or pedorthist may provide
12care or services only if the care or services are provided
13pursuant to an order from (i) a licensed physician, (ii) a
14licensed podiatric physician, (iii) a licensed advanced
15practice registered nurse, or (iv) a licensed physician
16assistant. A licensed podiatric physician or advanced practice
17registered nurse collaborating with a podiatric physician may
18only order care or services concerning the foot from a licensed
19prosthetist.
20(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
 
21    Section 180. The Pharmacy Practice Act is amended by
22changing Sections 3, 4, and 16b as follows:
 
23    (225 ILCS 85/3)

 

 

10000SB0625sam001- 446 -LRB100 04131 SMS 22955 a

1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 3. Definitions. For the purpose of this Act, except
3where otherwise limited therein:
4    (a) "Pharmacy" or "drugstore" means and includes every
5store, shop, pharmacy department, or other place where
6pharmacist care is provided by a pharmacist (1) where drugs,
7medicines, or poisons are dispensed, sold or offered for sale
8at retail, or displayed for sale at retail; or (2) where
9prescriptions of physicians, dentists, advanced practice
10registered nurses, physician assistants, veterinarians,
11podiatric physicians, or optometrists, within the limits of
12their licenses, are compounded, filled, or dispensed; or (3)
13which has upon it or displayed within it, or affixed to or used
14in connection with it, a sign bearing the word or words
15"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
16"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
17"Drugs", "Dispensary", "Medicines", or any word or words of
18similar or like import, either in the English language or any
19other language; or (4) where the characteristic prescription
20sign (Rx) or similar design is exhibited; or (5) any store, or
21shop, or other place with respect to which any of the above
22words, objects, signs or designs are used in any advertisement.
23    (b) "Drugs" means and includes (1) articles recognized in
24the official United States Pharmacopoeia/National Formulary
25(USP/NF), or any supplement thereto and being intended for and
26having for their main use the diagnosis, cure, mitigation,

 

 

10000SB0625sam001- 447 -LRB100 04131 SMS 22955 a

1treatment or prevention of disease in man or other animals, as
2approved by the United States Food and Drug Administration, but
3does not include devices or their components, parts, or
4accessories; and (2) all other articles intended for and having
5for their main use the diagnosis, cure, mitigation, treatment
6or prevention of disease in man or other animals, as approved
7by the United States Food and Drug Administration, but does not
8include devices or their components, parts, or accessories; and
9(3) articles (other than food) having for their main use and
10intended to affect the structure or any function of the body of
11man or other animals; and (4) articles having for their main
12use and intended for use as a component or any articles
13specified in clause (1), (2) or (3); but does not include
14devices or their components, parts or accessories.
15    (c) "Medicines" means and includes all drugs intended for
16human or veterinary use approved by the United States Food and
17Drug Administration.
18    (d) "Practice of pharmacy" means (1) the interpretation and
19the provision of assistance in the monitoring, evaluation, and
20implementation of prescription drug orders; (2) the dispensing
21of prescription drug orders; (3) participation in drug and
22device selection; (4) drug administration limited to the
23administration of oral, topical, injectable, and inhalation as
24follows: in the context of patient education on the proper use
25or delivery of medications; vaccination of patients 14 years of
26age and older pursuant to a valid prescription or standing

 

 

10000SB0625sam001- 448 -LRB100 04131 SMS 22955 a

1order, by a physician licensed to practice medicine in all its
2branches, upon completion of appropriate training, including
3how to address contraindications and adverse reactions set
4forth by rule, with notification to the patient's physician and
5appropriate record retention, or pursuant to hospital pharmacy
6and therapeutics committee policies and procedures; (5)
7vaccination of patients ages 10 through 13 limited to the
8Influenza (inactivated influenza vaccine and live attenuated
9influenza intranasal vaccine) and Tdap (defined as tetanus,
10diphtheria, acellular pertussis) vaccines, pursuant to a valid
11prescription or standing order, by a physician licensed to
12practice medicine in all its branches, upon completion of
13appropriate training, including how to address
14contraindications and adverse reactions set forth by rule, with
15notification to the patient's physician and appropriate record
16retention, or pursuant to hospital pharmacy and therapeutics
17committee policies and procedures; (6) drug regimen review; (7)
18drug or drug-related research; (8) the provision of patient
19counseling; (9) the practice of telepharmacy; (10) the
20provision of those acts or services necessary to provide
21pharmacist care; (11) medication therapy management; and (12)
22the responsibility for compounding and labeling of drugs and
23devices (except labeling by a manufacturer, repackager, or
24distributor of non-prescription drugs and commercially
25packaged legend drugs and devices), proper and safe storage of
26drugs and devices, and maintenance of required records. A

 

 

10000SB0625sam001- 449 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 450 -LRB100 04131 SMS 22955 a

1Pharmacy of the Department of Financial and Professional
2Regulation.
3    (i) "Secretary" means the Secretary of Financial and
4Professional Regulation.
5    (j) "Drug product selection" means the interchange for a
6prescribed pharmaceutical product in accordance with Section
725 of this Act and Section 3.14 of the Illinois Food, Drug and
8Cosmetic Act.
9    (k) "Inpatient drug order" means an order issued by an
10authorized prescriber for a resident or patient of a facility
11licensed under the Nursing Home Care Act, the ID/DD Community
12Care Act, the MC/DD Act, the Specialized Mental Health
13Rehabilitation Act of 2013, or the Hospital Licensing Act, or
14"An Act in relation to the founding and operation of the
15University of Illinois Hospital and the conduct of University
16of Illinois health care programs", approved July 3, 1931, as
17amended, or a facility which is operated by the Department of
18Human Services (as successor to the Department of Mental Health
19and Developmental Disabilities) or the Department of
20Corrections.
21    (k-5) "Pharmacist" means an individual health care
22professional and provider currently licensed by this State to
23engage in the practice of pharmacy.
24    (l) "Pharmacist in charge" means the licensed pharmacist
25whose name appears on a pharmacy license and who is responsible
26for all aspects of the operation related to the practice of

 

 

10000SB0625sam001- 451 -LRB100 04131 SMS 22955 a

1pharmacy.
2    (m) "Dispense" or "dispensing" means the interpretation,
3evaluation, and implementation of a prescription drug order,
4including the preparation and delivery of a drug or device to a
5patient or patient's agent in a suitable container
6appropriately labeled for subsequent administration to or use
7by a patient in accordance with applicable State and federal
8laws and regulations. "Dispense" or "dispensing" does not mean
9the physical delivery to a patient or a patient's
10representative in a home or institution by a designee of a
11pharmacist or by common carrier. "Dispense" or "dispensing"
12also does not mean the physical delivery of a drug or medical
13device to a patient or patient's representative by a
14pharmacist's designee within a pharmacy or drugstore while the
15pharmacist is on duty and the pharmacy is open.
16    (n) "Nonresident pharmacy" means a pharmacy that is located
17in a state, commonwealth, or territory of the United States,
18other than Illinois, that delivers, dispenses, or distributes,
19through the United States Postal Service, commercially
20acceptable parcel delivery service, or other common carrier, to
21Illinois residents, any substance which requires a
22prescription.
23    (o) "Compounding" means the preparation and mixing of
24components, excluding flavorings, (1) as the result of a
25prescriber's prescription drug order or initiative based on the
26prescriber-patient-pharmacist relationship in the course of

 

 

10000SB0625sam001- 452 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 453 -LRB100 04131 SMS 22955 a

1pharmacy technician may only participate in the following
2aspects of patient counseling under the supervision of a
3pharmacist: (1) obtaining medication history; (2) providing
4the offer for counseling by a pharmacist or student pharmacist;
5and (3) acquiring a patient's allergies and health conditions.
6    (s) "Patient profiles" or "patient drug therapy record"
7means the obtaining, recording, and maintenance of patient
8prescription information, including prescriptions for
9controlled substances, and personal information.
10    (t) (Blank).
11    (u) "Medical device" means an instrument, apparatus,
12implement, machine, contrivance, implant, in vitro reagent, or
13other similar or related article, including any component part
14or accessory, required under federal law to bear the label
15"Caution: Federal law requires dispensing by or on the order of
16a physician". A seller of goods and services who, only for the
17purpose of retail sales, compounds, sells, rents, or leases
18medical devices shall not, by reasons thereof, be required to
19be a licensed pharmacy.
20    (v) "Unique identifier" means an electronic signature,
21handwritten signature or initials, thumb print, or other
22acceptable biometric or electronic identification process as
23approved by the Department.
24    (w) "Current usual and customary retail price" means the
25price that a pharmacy charges to a non-third-party payor.
26    (x) "Automated pharmacy system" means a mechanical system

 

 

10000SB0625sam001- 454 -LRB100 04131 SMS 22955 a

1located within the confines of the pharmacy or remote location
2that performs operations or activities, other than compounding
3or administration, relative to storage, packaging, dispensing,
4or distribution of medication, and which collects, controls,
5and maintains all transaction information.
6    (y) "Drug regimen review" means and includes the evaluation
7of prescription drug orders and patient records for (1) known
8allergies; (2) drug or potential therapy contraindications;
9(3) reasonable dose, duration of use, and route of
10administration, taking into consideration factors such as age,
11gender, and contraindications; (4) reasonable directions for
12use; (5) potential or actual adverse drug reactions; (6)
13drug-drug interactions; (7) drug-food interactions; (8)
14drug-disease contraindications; (9) therapeutic duplication;
15(10) patient laboratory values when authorized and available;
16(11) proper utilization (including over or under utilization)
17and optimum therapeutic outcomes; and (12) abuse and misuse.
18    (z) "Electronic transmission prescription" means any
19prescription order for which a facsimile or electronic image of
20the order is electronically transmitted from a licensed
21prescriber to a pharmacy. "Electronic transmission
22prescription" includes both data and image prescriptions.
23    (aa) "Medication therapy management services" means a
24distinct service or group of services offered by licensed
25pharmacists, physicians licensed to practice medicine in all
26its branches, advanced practice registered nurses authorized

 

 

10000SB0625sam001- 455 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 456 -LRB100 04131 SMS 22955 a

1        (1) documenting the services delivered and
2    communicating the information provided to patients'
3    prescribers within an appropriate time frame, not to exceed
4    48 hours;
5        (2) providing patient counseling designed to enhance a
6    patient's understanding and the appropriate use of his or
7    her medications; and
8        (3) providing information, support services, and
9    resources designed to enhance a patient's adherence with
10    his or her prescribed therapeutic regimens.
11    "Medication therapy management services" may also include
12patient care functions authorized by a physician licensed to
13practice medicine in all its branches for his or her identified
14patient or groups of patients under specified conditions or
15limitations in a standing order from the physician.
16    "Medication therapy management services" in a licensed
17hospital may also include the following:
18        (1) reviewing assessments of the patient's health
19    status; and
20        (2) following protocols of a hospital pharmacy and
21    therapeutics committee with respect to the fulfillment of
22    medication orders.
23    (bb) "Pharmacist care" means the provision by a pharmacist
24of medication therapy management services, with or without the
25dispensing of drugs or devices, intended to achieve outcomes
26that improve patient health, quality of life, and comfort and

 

 

10000SB0625sam001- 457 -LRB100 04131 SMS 22955 a

1enhance patient safety.
2    (cc) "Protected health information" means individually
3identifiable health information that, except as otherwise
4provided, is:
5        (1) transmitted by electronic media;
6        (2) maintained in any medium set forth in the
7    definition of "electronic media" in the federal Health
8    Insurance Portability and Accountability Act; or
9        (3) transmitted or maintained in any other form or
10    medium.
11    "Protected health information" does not include
12individually identifiable health information found in:
13        (1) education records covered by the federal Family
14    Educational Right and Privacy Act; or
15        (2) employment records held by a licensee in its role
16    as an employer.
17    (dd) "Standing order" means a specific order for a patient
18or group of patients issued by a physician licensed to practice
19medicine in all its branches in Illinois.
20    (ee) "Address of record" means the address recorded by the
21Department in the applicant's or licensee's application file or
22license file, as maintained by the Department's licensure
23maintenance unit.
24    (ff) "Home pharmacy" means the location of a pharmacy's
25primary operations.
26(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;

 

 

10000SB0625sam001- 458 -LRB100 04131 SMS 22955 a

198-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
 
2    (225 ILCS 85/4)  (from Ch. 111, par. 4124)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 4. Exemptions. Nothing contained in any Section of
5this Act shall apply to, or in any manner interfere with:
6    (a) the lawful practice of any physician licensed to
7practice medicine in all of its branches, dentist, podiatric
8physician, veterinarian, or therapeutically or diagnostically
9certified optometrist within the limits of his or her license,
10or prevent him or her from supplying to his or her bona fide
11patients such drugs, medicines, or poisons as may seem to him
12appropriate;
13    (b) the sale of compressed gases;
14    (c) the sale of patent or proprietary medicines and
15household remedies when sold in original and unbroken packages
16only, if such patent or proprietary medicines and household
17remedies be properly and adequately labeled as to content and
18usage and generally considered and accepted as harmless and
19nonpoisonous when used according to the directions on the
20label, and also do not contain opium or coca leaves, or any
21compound, salt or derivative thereof, or any drug which,
22according to the latest editions of the following authoritative
23pharmaceutical treatises and standards, namely, The United
24States Pharmacopoeia/National Formulary (USP/NF), the United
25States Dispensatory, and the Accepted Dental Remedies of the

 

 

10000SB0625sam001- 459 -LRB100 04131 SMS 22955 a

1Council of Dental Therapeutics of the American Dental
2Association or any or either of them, in use on the effective
3date of this Act, or according to the existing provisions of
4the Federal Food, Drug, and Cosmetic Act and Regulations of the
5Department of Health and Human Services, Food and Drug
6Administration, promulgated thereunder now in effect, is
7designated, described or considered as a narcotic, hypnotic,
8habit forming, dangerous, or poisonous drug;
9    (d) the sale of poultry and livestock remedies in original
10and unbroken packages only, labeled for poultry and livestock
11medication;
12    (e) the sale of poisonous substances or mixture of
13poisonous substances, in unbroken packages, for nonmedicinal
14use in the arts or industries or for insecticide purposes;
15provided, they are properly and adequately labeled as to
16content and such nonmedicinal usage, in conformity with the
17provisions of all applicable federal, state and local laws and
18regulations promulgated thereunder now in effect relating
19thereto and governing the same, and those which are required
20under such applicable laws and regulations to be labeled with
21the word "Poison", are also labeled with the word "Poison"
22printed thereon in prominent type and the name of a readily
23obtainable antidote with directions for its administration;
24    (f) the delegation of limited prescriptive authority by a
25physician licensed to practice medicine in all its branches to
26a physician assistant under Section 7.5 of the Physician

 

 

10000SB0625sam001- 460 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 461 -LRB100 04131 SMS 22955 a

1person, at the residence or place of employment of the person
2for whom the prescription was issued or at the hospital or
3medical care facility in which the patient is confined.
4Conversely, the patient or patient's agent may drop off
5prescriptions at a designated area. In this Section, "home
6health services" has the meaning ascribed to it in the Home
7Health, Home Services, and Home Nursing Agency Licensing Act;
8and "hospice patient" and "hospice services" have the meanings
9ascribed to them in the Hospice Program Licensing Act.
10(Source: P.A. 99-163, eff. 1-1-16.)
 
11    Section 185. The Illinois Physical Therapy Act is amended
12by changing Sections 1 and 17 as follows:
 
13    (225 ILCS 90/1)  (from Ch. 111, par. 4251)
14    (Section scheduled to be repealed on January 1, 2026)
15    Sec. 1. Definitions. As used in this Act:
16    (1) "Physical therapy" means all of the following:
17        (A) Examining, evaluating, and testing individuals who
18    may have mechanical, physiological, or developmental
19    impairments, functional limitations, disabilities, or
20    other health and movement-related conditions, classifying
21    these disorders, determining a rehabilitation prognosis
22    and plan of therapeutic intervention, and assessing the
23    on-going effects of the interventions.
24        (B) Alleviating impairments, functional limitations,

 

 

10000SB0625sam001- 462 -LRB100 04131 SMS 22955 a

1    or disabilities by designing, implementing, and modifying
2    therapeutic interventions that may include, but are not
3    limited to, the evaluation or treatment of a person through
4    the use of the effective properties of physical measures
5    and heat, cold, light, water, radiant energy, electricity,
6    sound, and air and use of therapeutic massage, therapeutic
7    exercise, mobilization, and rehabilitative procedures,
8    with or without assistive devices, for the purposes of
9    preventing, correcting, or alleviating a physical or
10    mental impairment, functional limitation, or disability.
11        (C) Reducing the risk of injury, impairment,
12    functional limitation, or disability, including the
13    promotion and maintenance of fitness, health, and
14    wellness.
15        (D) Engaging in administration, consultation,
16    education, and research.
17    "Physical therapy" includes, but is not limited to: (a)
18performance of specialized tests and measurements, (b)
19administration of specialized treatment procedures, (c)
20interpretation of referrals from physicians, dentists,
21advanced practice registered nurses, physician assistants, and
22podiatric physicians, (d) establishment, and modification of
23physical therapy treatment programs, (e) administration of
24topical medication used in generally accepted physical therapy
25procedures when such medication is either prescribed by the
26patient's physician, licensed to practice medicine in all its

 

 

10000SB0625sam001- 463 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 464 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 465 -LRB100 04131 SMS 22955 a

1a licensed physical therapist to assist in implementing the
2physical therapy treatment program as established by the
3licensed physical therapist. The patient care activities
4provided by the physical therapist assistant shall not include
5the interpretation of referrals, evaluation procedures, or the
6planning or major modification of patient programs.
7    (10) "Physical therapy aide" means a person who has
8received on the job training, specific to the facility in which
9he is employed.
10    (11) "Advanced practice registered nurse" means a person
11licensed as an advanced practice registered nurse under the
12Nurse Practice Act.
13    (12) "Physician assistant" means a person licensed under
14the Physician Assistant Practice Act of 1987.
15(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
1699-229, eff. 8-3-15; 99-642, eff. 7-28-16; revised 10-27-16.)
 
17    (225 ILCS 90/17)  (from Ch. 111, par. 4267)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 17. (1) The Department may refuse to issue or to
20renew, or may revoke, suspend, place on probation, reprimand,
21or take other disciplinary action as the Department deems
22appropriate, including the issuance of fines not to exceed
23$5000, with regard to a license for any one or a combination of
24the following:
25        A. Material misstatement in furnishing information to

 

 

10000SB0625sam001- 466 -LRB100 04131 SMS 22955 a

1    the Department or otherwise making misleading, deceptive,
2    untrue, or fraudulent representations in violation of this
3    Act or otherwise in the practice of the profession;
4        B. Violations of this Act, or of the rules or
5    regulations promulgated hereunder;
6        C. Conviction of any crime under the laws of the United
7    States or any state or territory thereof which is a felony
8    or which is a misdemeanor, an essential element of which is
9    dishonesty, or of any crime which is directly related to
10    the practice of the profession; conviction, as used in this
11    paragraph, shall include a finding or verdict of guilty, an
12    admission of guilt or a plea of nolo contendere;
13        D. Making any misrepresentation for the purpose of
14    obtaining licenses, or violating any provision of this Act
15    or the rules promulgated thereunder pertaining to
16    advertising;
17        E. A pattern of practice or other behavior which
18    demonstrates incapacity or incompetency to practice under
19    this Act;
20        F. Aiding or assisting another person in violating any
21    provision of this Act or Rules;
22        G. Failing, within 60 days, to provide information in
23    response to a written request made by the Department;
24        H. Engaging in dishonorable, unethical or
25    unprofessional conduct of a character likely to deceive,
26    defraud or harm the public. Unprofessional conduct shall

 

 

10000SB0625sam001- 467 -LRB100 04131 SMS 22955 a

1    include any departure from or the failure to conform to the
2    minimal standards of acceptable and prevailing physical
3    therapy practice, in which proceeding actual injury to a
4    patient need not be established;
5        I. Unlawful distribution of any drug or narcotic, or
6    unlawful conversion of any drug or narcotic not belonging
7    to the person for such person's own use or benefit or for
8    other than medically accepted therapeutic purposes;
9        J. Habitual or excessive use or addiction to alcohol,
10    narcotics, stimulants, or any other chemical agent or drug
11    which results in a physical therapist's or physical
12    therapist assistant's inability to practice with
13    reasonable judgment, skill or safety;
14        K. Revocation or suspension of a license to practice
15    physical therapy as a physical therapist or physical
16    therapist assistant or the taking of other disciplinary
17    action by the proper licensing authority of another state,
18    territory or country;
19        L. Directly or indirectly giving to or receiving from
20    any person, firm, corporation, partnership, or association
21    any fee, commission, rebate or other form of compensation
22    for any professional services not actually or personally
23    rendered. Nothing contained in this paragraph prohibits
24    persons holding valid and current licenses under this Act
25    from practicing physical therapy in partnership under a
26    partnership agreement, including a limited liability

 

 

10000SB0625sam001- 468 -LRB100 04131 SMS 22955 a

1    partnership, a limited liability company, or a corporation
2    under the Professional Service Corporation Act or from
3    pooling, sharing, dividing, or apportioning the fees and
4    monies received by them or by the partnership, company, or
5    corporation in accordance with the partnership agreement
6    or the policies of the company or professional corporation.
7    Nothing in this paragraph (L) affects any bona fide
8    independent contractor or employment arrangements among
9    health care professionals, health facilities, health care
10    providers, or other entities, except as otherwise
11    prohibited by law. Any employment arrangements may include
12    provisions for compensation, health insurance, pension, or
13    other employment benefits for the provision of services
14    within the scope of the licensee's practice under this Act.
15    Nothing in this paragraph (L) shall be construed to require
16    an employment arrangement to receive professional fees for
17    services rendered;
18        M. A finding by the Board that the licensee after
19    having his or her license placed on probationary status has
20    violated the terms of probation;
21        N. Abandonment of a patient;
22        O. Willfully failing to report an instance of suspected
23    child abuse or neglect as required by the Abused and
24    Neglected Child Reporting Act;
25        P. Willfully failing to report an instance of suspected
26    elder abuse or neglect as required by the Elder Abuse

 

 

10000SB0625sam001- 469 -LRB100 04131 SMS 22955 a

1    Reporting Act;
2        Q. Physical illness, including but not limited to,
3    deterioration through the aging process, or loss of motor
4    skill which results in the inability to practice the
5    profession with reasonable judgement, skill or safety;
6        R. The use of any words (such as physical therapy,
7    physical therapist physiotherapy or physiotherapist),
8    abbreviations, figures or letters with the intention of
9    indicating practice as a licensed physical therapist
10    without a valid license as a physical therapist issued
11    under this Act;
12        S. The use of the term physical therapist assistant, or
13    abbreviations, figures, or letters with the intention of
14    indicating practice as a physical therapist assistant
15    without a valid license as a physical therapist assistant
16    issued under this Act;
17        T. Willfully violating or knowingly assisting in the
18    violation of any law of this State relating to the practice
19    of abortion;
20        U. Continued practice by a person knowingly having an
21    infectious, communicable or contagious disease;
22        V. Having treated ailments of human beings otherwise
23    than by the practice of physical therapy as defined in this
24    Act, or having treated ailments of human beings as a
25    licensed physical therapist independent of a documented
26    referral or a documented current and relevant diagnosis

 

 

10000SB0625sam001- 470 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 471 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 472 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 473 -LRB100 04131 SMS 22955 a

1    anesthesia plan prior to the delivery of services.
2    (b) The collaborating podiatric physician shall have
3access to the records of all patients attended to by an
4advanced practice registered nurse.
5    (c) Nothing in this Section shall be construed to limit the
6delegation of tasks or duties by a podiatric physician to a
7licensed practical nurse, a registered professional nurse, or
8other appropriately trained persons.
9    (d) A podiatric physician shall not be liable for the acts
10or omissions of an advanced practice registered nurse solely on
11the basis of having signed guidelines or a collaborative
12agreement, an order, a standing order, a standing delegation
13order, or other order or guideline authorizing an advanced
14practice registered nurse to perform acts, unless the podiatric
15physician has reason to believe the advanced practice
16registered nurse lacked the competency to perform the act or
17acts or commits willful or wanton misconduct.
18    (e) A podiatric physician, may, but is not required to
19delegate prescriptive authority to an advanced practice
20registered nurse as part of a written collaborative agreement
21and the delegation of prescriptive authority shall conform to
22the requirements of Section 65-40 of the Nurse Practice Act.
23(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
 
24    Section 195. The Respiratory Care Practice Act is amended
25by changing Sections 10 and 15 as follows:
 

 

 

10000SB0625sam001- 474 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 475 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 476 -LRB100 04131 SMS 22955 a

1activities that involve any of the following:
2        (1) Specialized knowledge that results from a course of
3    education or training in respiratory care.
4        (2) An unreasonable risk of a negative outcome for the
5    patient.
6        (3) The assessment or making of a decision concerning
7    patient care.
8        (4) The administration of aerosol medication or
9    medical gas.
10        (5) The insertion and maintenance of an artificial
11    airway.
12        (6) Mechanical ventilatory support.
13        (7) Patient assessment.
14        (8) Patient education.
15        (9) The transferring of oxygen devices, for purposes of
16    patient transport, with a liter flow greater than 6 liters
17    per minute, and the transferring of oxygen devices at any
18    liter flow being delivered to patients less than 12 years
19    of age.
20    "Department" means the Department of Financial and
21Professional Regulation.
22    "Licensed" means that which is required to hold oneself out
23as a respiratory care practitioner as defined in this Act.
24    "Licensed health care professional" means a physician
25licensed to practice medicine in all its branches, a licensed
26advanced practice registered nurse, or a licensed physician

 

 

10000SB0625sam001- 477 -LRB100 04131 SMS 22955 a

1assistant.
2    "Order" means a written, oral, or telecommunicated
3authorization for respiratory care services for a patient by
4(i) a licensed health care professional who maintains medical
5supervision of the patient and makes a diagnosis or verifies
6that the patient's condition is such that it may be treated by
7a respiratory care practitioner or (ii) a certified registered
8nurse anesthetist in a licensed hospital or ambulatory surgical
9treatment center.
10    "Other authorized licensed personnel" means a licensed
11respiratory care practitioner, a licensed registered nurse, or
12a licensed practical nurse whose scope of practice authorizes
13the professional to supervise an individual who is not
14licensed, certified, or registered as a health professional.
15    "Proximate supervision" means a situation in which an
16individual is responsible for directing the actions of another
17individual in the facility and is physically close enough to be
18readily available, if needed, by the supervised individual.
19    "Respiratory care" and "cardiorespiratory care" mean
20preventative services, evaluation and assessment services,
21therapeutic services, cardiopulmonary disease management, and
22rehabilitative services under the order of a licensed health
23care professional for an individual with a disorder, disease,
24or abnormality of the cardiopulmonary system. These terms
25include, but are not limited to, measuring, observing,
26assessing, and monitoring signs and symptoms, reactions,

 

 

10000SB0625sam001- 478 -LRB100 04131 SMS 22955 a

1general behavior, and general physical response of individuals
2to respiratory care services, including the determination of
3whether those signs, symptoms, reactions, behaviors, or
4general physical responses exhibit abnormal characteristics;
5the administration of pharmacological and therapeutic agents
6and procedures related to respiratory care services; the
7collection of blood specimens and other bodily fluids and
8tissues for, and the performance of, cardiopulmonary
9diagnostic testing procedures, including, but not limited to,
10blood gas analysis; development, implementation, and
11modification of respiratory care treatment plans based on
12assessed abnormalities of the cardiopulmonary system,
13respiratory care guidelines, referrals, and orders of a
14licensed health care professional; application, operation, and
15management of mechanical ventilatory support and other means of
16life support, including, but not limited to, hemodynamic
17cardiovascular support; and the initiation of emergency
18procedures under the rules promulgated by the Department. A
19respiratory care practitioner shall refer to a physician
20licensed to practice medicine in all its branches any patient
21whose condition, at the time of evaluation or treatment, is
22determined to be beyond the scope of practice of the
23respiratory care practitioner.
24    "Respiratory care education program" means a course of
25academic study leading to eligibility for registry or
26certification in respiratory care. The training is to be

 

 

10000SB0625sam001- 479 -LRB100 04131 SMS 22955 a

1approved by an accrediting agency recognized by the Board and
2shall include an evaluation of competence through a
3standardized testing mechanism that is determined by the Board
4to be both valid and reliable.
5    "Respiratory care practitioner" means a person who is
6licensed by the Department of Professional Regulation and meets
7all of the following criteria:
8        (1) The person is engaged in the practice of
9    cardiorespiratory care and has the knowledge and skill
10    necessary to administer respiratory care.
11        (2) The person is capable of serving as a resource to
12    the licensed health care professional in relation to the
13    technical aspects of cardiorespiratory care and the safe
14    and effective methods for administering cardiorespiratory
15    care modalities.
16        (3) The person is able to function in situations of
17    unsupervised patient contact requiring great individual
18    judgment.
19    "Secretary" means the Secretary of Financial and
20Professional Regulation.
21(Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15;
2299-642, eff. 7-28-16.)
 
23    (225 ILCS 106/15)
24    (Section scheduled to be repealed on January 1, 2026)
25    Sec. 15. Exemptions.

 

 

10000SB0625sam001- 480 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 481 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 482 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 483 -LRB100 04131 SMS 22955 a

1(Source: P.A. 99-230, eff. 8-3-15.)
 
2    Section 200. The Sex Offender Evaluation and Treatment
3Provider Act is amended by changing Sections 35 and 40 as
4follows:
 
5    (225 ILCS 109/35)
6    Sec. 35. Qualifications for licensure.
7    (a)(1) A person is qualified for licensure as a sex
8offender evaluator if that person:
9        (A) has applied in writing on forms prepared and
10    furnished by the Department;
11        (B) has not engaged or is not engaged in any practice
12    or conduct that would be grounds for disciplining a
13    licensee under Section 75 of this Act; and
14        (C) satisfies the licensure and experience
15    requirements of paragraph (2) of this subsection (a).
16    (2) A person who applies to the Department shall be issued
17a sex offender evaluator license by the Department if the
18person meets the qualifications set forth in paragraph (1) of
19this subsection (a) and provides evidence to the Department
20that the person:
21        (A) is a physician licensed to practice medicine in all
22    of its branches under the Medical Practice Act of 1987 or
23    licensed under the laws of another state; an advanced
24    practice registered nurse with psychiatric specialty

 

 

10000SB0625sam001- 484 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 485 -LRB100 04131 SMS 22955 a

1years before application for licensure. Until January 1, 2015,
2the requirements of subparagraph (C) of paragraph (2) of this
3subsection (a) are satisfied if the applicant has completed at
4least 10 sex offender evaluations within the 4 years before
5application for licensure.
6    (b)(1) A person is qualified for licensure as a sex
7offender treatment provider if that person:
8        (A) has applied in writing on forms prepared and
9    furnished by the Department;
10        (B) has not engaged or is not engaged in any practice
11    or conduct that would be grounds for disciplining a
12    licensee under Section 75 of this Act; and
13        (C) satisfies the licensure and experience
14    requirements of paragraph (2) of this subsection (b).
15    (2) A person who applies to the Department shall be issued
16a sex offender treatment provider license by the Department if
17the person meets the qualifications set forth in paragraph (1)
18of this subsection (b) and provides evidence to the Department
19that the person:
20        (A) is a physician licensed to practice medicine in all
21    of its branches under the Medical Practice Act of 1987 or
22    licensed under the laws of another state; an advanced
23    practice registered nurse with psychiatric specialty
24    licensed under the Nurse Practice Act or licensed under the
25    laws of another state; a clinical psychologist licensed
26    under the Clinical Psychologist Licensing Act or licensed

 

 

10000SB0625sam001- 486 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 487 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 488 -LRB100 04131 SMS 22955 a

1valid under the Sex Offender Management Board Act, the Sexually
2Dangerous Persons Act, or the Sexually Violent Persons
3Commitment Act. No business shall provide, attempt to provide,
4or offer to provide sex offender evaluation services unless it
5is organized under the Professional Service Corporation Act,
6the Medical Corporation Act, or the Professional Limited
7Liability Company Act.
8    (b) Nothing in this Act shall be construed to require any
9licensed physician, advanced practice registered nurse,
10physician assistant, or other health care professional to be
11licensed under this Act for the provision of services for which
12the person is otherwise licensed. This Act does not prohibit a
13person licensed under any other Act in this State from engaging
14in the practice for which he or she is licensed. This Act only
15applies to the provision of sex offender evaluations or sex
16offender treatment provided for the purposes of complying with
17the Sex Offender Management Board Act, the Sexually Dangerous
18Persons Act, or the Sexually Violent Persons Commitment Act.
19(Source: P.A. 99-227, eff. 8-3-15.)
 
20    Section 205. The Registered Surgical Assistant and
21Registered Surgical Technologist Title Protection Act is
22amended by changing Section 40 as follows:
 
23    (225 ILCS 130/40)
24    (Section scheduled to be repealed on January 1, 2024)

 

 

10000SB0625sam001- 489 -LRB100 04131 SMS 22955 a

1    Sec. 40. Application of Act. This Act shall not be
2construed to prohibit the following:
3        (1) A person licensed in this State under any other Act
4    from engaging in the practice for which he or she is
5    licensed, including but not limited to a physician licensed
6    to practice medicine in all its branches, physician
7    assistant, advanced practice registered nurse, or nurse
8    performing surgery-related tasks within the scope of his or
9    her license, nor are these individuals required to be
10    registered under this Act.
11        (2) A person from engaging in practice as a surgical
12    assistant or surgical technologist in the discharge of his
13    or her official duties as an employee of the United States
14    government.
15        (3) One or more registered surgical assistants or
16    surgical technologists from forming a professional service
17    corporation in accordance with the Professional Service
18    Corporation Act and applying for licensure as a corporation
19    providing surgical assistant or surgical technologist
20    services.
21        (4) A student engaging in practice as a surgical
22    assistant or surgical technologist under the direct
23    supervision of a physician licensed to practice medicine in
24    all of its branches as part of his or her program of study
25    at a school approved by the Department or in preparation to
26    qualify for the examination as prescribed under Sections 45

 

 

10000SB0625sam001- 490 -LRB100 04131 SMS 22955 a

1    and 50 of this Act.
2        (5) A person from assisting in surgery at a physician's
3    discretion, including but not limited to medical students
4    and residents, nor are medical students and residents
5    required to be registered under this Act.
6        (6) A hospital, health system or network, ambulatory
7    surgical treatment center, physician licensed to practice
8    medicine in all its branches, physician medical group, or
9    other entity that provides surgery-related services from
10    employing individuals that the entity considers competent
11    to assist in surgery. These entities are not required to
12    utilize registered surgical assistants or registered
13    surgical technologists when providing surgery-related
14    services to patients. Nothing in this subsection shall be
15    construed to limit the ability of an employer to utilize
16    the services of any person to assist in surgery within the
17    employment setting consistent with the individual's skill
18    and training.
19(Source: P.A. 98-364, eff. 12-31-13.)
 
20    Section 210. The Genetic Counselor Licensing Act is amended
21by changing Sections 90 and 95 as follows:
 
22    (225 ILCS 135/90)
23    (Section scheduled to be repealed on January 1, 2025)
24    Sec. 90. Privileged communications and exceptions.

 

 

10000SB0625sam001- 491 -LRB100 04131 SMS 22955 a

1    (a) With the exception of disclosure to the physician
2performing or supervising a genetic test and to the referring
3physician licensed to practice medicine in all its branches,
4advanced practice registered nurse, or physician assistant, no
5licensed genetic counselor shall disclose any information
6acquired from persons consulting the counselor in a
7professional capacity, except that which may be voluntarily
8disclosed under any of the following circumstances:
9        (1) In the course of formally reporting, conferring, or
10    consulting with administrative superiors, colleagues, or
11    consultants who share professional responsibility, in
12    which instance all recipients of the information are
13    similarly bound to regard the communication as privileged.
14        (2) With the written consent of the person who provided
15    the information and about whom the information concerns.
16        (3) In the case of death or disability, with the
17    written consent of a personal representative.
18        (4) When a communication reveals the intended
19    commission of a crime or harmful act and such disclosure is
20    judged necessary in the professional judgment of the
21    licensed genetic counselor to protect any person from a
22    clear risk of serious mental or physical harm or injury or
23    to forestall a serious threat to the public safety.
24        (5) When the person waives the privilege by bringing
25    any public charges or filing a lawsuit against the
26    licensee.

 

 

10000SB0625sam001- 492 -LRB100 04131 SMS 22955 a

1    (b) Any person having access to records or anyone who
2participates in providing genetic counseling services, or in
3providing any human services, or is supervised by a licensed
4genetic counselor is similarly bound to regard all information
5and communications as privileged in accord with this Section.
6    (c) The Mental Health and Developmental Disabilities
7Confidentiality Act is incorporated herein as if all of its
8provisions were included in this Act. In the event of a
9conflict between the application of this Section and the Mental
10Health and Developmental Disabilities Confidentiality Act to a
11specific situation, the provisions of the Mental Health and
12Developmental Disabilities Confidentiality Act shall control.
13(Source: P.A. 96-1313, eff. 7-27-10.)
 
14    (225 ILCS 135/95)
15    (Section scheduled to be repealed on January 1, 2025)
16    Sec. 95. Grounds for discipline.
17    (a) The Department may refuse to issue, renew, or may
18revoke, suspend, place on probation, reprimand, or take other
19disciplinary or non-disciplinary action as the Department
20deems appropriate, including the issuance of fines not to
21exceed $10,000 for each violation, with regard to any license
22for any one or more of the following:
23        (1) Material misstatement in furnishing information to
24    the Department or to any other State agency.
25        (2) Violations or negligent or intentional disregard

 

 

10000SB0625sam001- 493 -LRB100 04131 SMS 22955 a

1    of this Act, or any of its rules.
2        (3) Conviction by plea of guilty or nolo contendere,
3    finding of guilt, jury verdict, or entry of judgment or
4    sentencing, including, but not limited to, convictions,
5    preceding sentences of supervision, conditional discharge,
6    or first offender probation, under the laws of any
7    jurisdiction of the United States: (i) that is a felony or
8    (ii) that is a misdemeanor, an essential element of which
9    is dishonesty, or that is directly related to the practice
10    of genetic counseling.
11        (4) Making any misrepresentation for the purpose of
12    obtaining a license, or violating any provision of this Act
13    or its rules.
14        (5) Negligence in the rendering of genetic counseling
15    services.
16        (6) Failure to provide genetic testing results and any
17    requested information to a referring physician licensed to
18    practice medicine in all its branches, advanced practice
19    registered nurse, or physician assistant.
20        (7) Aiding or assisting another person in violating any
21    provision of this Act or any rules.
22        (8) Failing to provide information within 60 days in
23    response to a written request made by the Department.
24        (9) Engaging in dishonorable, unethical, or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public and violating the rules of

 

 

10000SB0625sam001- 494 -LRB100 04131 SMS 22955 a

1    professional conduct adopted by the Department.
2        (10) Failing to maintain the confidentiality of any
3    information received from a client, unless otherwise
4    authorized or required by law.
5        (10.5) Failure to maintain client records of services
6    provided and provide copies to clients upon request.
7        (11) Exploiting a client for personal advantage,
8    profit, or interest.
9        (12) Habitual or excessive use or addiction to alcohol,
10    narcotics, stimulants, or any other chemical agent or drug
11    which results in inability to practice with reasonable
12    skill, judgment, or safety.
13        (13) Discipline by another governmental agency or unit
14    of government, by any jurisdiction of the United States, or
15    by a foreign nation, if at least one of the grounds for the
16    discipline is the same or substantially equivalent to those
17    set forth in this Section.
18        (14) Directly or indirectly giving to or receiving from
19    any person, firm, corporation, partnership, or association
20    any fee, commission, rebate, or other form of compensation
21    for any professional service not actually rendered.
22    Nothing in this paragraph (14) affects any bona fide
23    independent contractor or employment arrangements among
24    health care professionals, health facilities, health care
25    providers, or other entities, except as otherwise
26    prohibited by law. Any employment arrangements may include

 

 

10000SB0625sam001- 495 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 496 -LRB100 04131 SMS 22955 a

1        (20) Physical or mental disability, including
2    deterioration through the aging process or loss of
3    abilities and skills which results in the inability to
4    practice the profession with reasonable judgment, skill,
5    or safety.
6        (21) Solicitation of professional services by using
7    false or misleading advertising.
8        (22) Failure to file a return, or to pay the tax,
9    penalty of interest shown in a filed return, or to pay any
10    final assessment of tax, penalty or interest, as required
11    by any tax Act administered by the Illinois Department of
12    Revenue or any successor agency or the Internal Revenue
13    Service or any successor agency.
14        (23) Fraud or making any misrepresentation in applying
15    for or procuring a license under this Act or in connection
16    with applying for renewal of a license under this Act.
17        (24) Practicing or attempting to practice under a name
18    other than the full name as shown on the license or any
19    other legally authorized name.
20        (25) Gross overcharging for professional services,
21    including filing statements for collection of fees or
22    monies for which services are not rendered.
23        (26) (Blank).
24        (27) Charging for professional services not rendered,
25    including filing false statements for the collection of
26    fees for which services are not rendered.

 

 

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1        (28) Allowing one's license under this Act to be used
2    by an unlicensed person in violation of this Act.
3    (b) The Department shall deny, without hearing, any
4application or renewal for a license under this Act to any
5person who has defaulted on an educational loan guaranteed by
6the Illinois Student State Assistance Commission; however, the
7Department may issue a license or renewal if the person in
8default has established a satisfactory repayment record as
9determined by the Illinois Student Assistance Commission.
10    (c) The determination by a court that a licensee is subject
11to involuntary admission or judicial admission as provided in
12the Mental Health and Developmental Disabilities Code will
13result in an automatic suspension of his or her license. The
14suspension will end upon a finding by a court that the licensee
15is no longer subject to involuntary admission or judicial
16admission, the issuance of an order so finding and discharging
17the patient, and the determination of the Secretary that the
18licensee be allowed to resume professional practice.
19    (d) The Department may refuse to issue or renew or may
20suspend without hearing the license of any person who fails to
21file a return, to pay the tax penalty or interest shown in a
22filed return, or to pay any final assessment of the tax,
23penalty, or interest as required by any Act regarding the
24payment of taxes administered by the Illinois Department of
25Revenue until the requirements of the Act are satisfied in
26accordance with subsection (g) of Section 2105-15 of the Civil

 

 

10000SB0625sam001- 498 -LRB100 04131 SMS 22955 a

1Administrative Code of Illinois.
2    (e) In cases where the Department of Healthcare and Family
3Services has previously determined that a licensee or a
4potential licensee is more than 30 days delinquent in the
5payment of child support and has subsequently certified the
6delinquency to the Department, the Department may refuse to
7issue or renew or may revoke or suspend that person's license
8or may take other disciplinary action against that person based
9solely upon the certification of delinquency made by the
10Department of Healthcare and Family Services in accordance with
11item (5) of subsection (a) of Section 2105-15 of the Department
12of Professional Regulation Law of the Civil Administrative Code
13of Illinois.
14    (f) All fines or costs imposed under this Section shall be
15paid within 60 days after the effective date of the order
16imposing the fine or costs or in accordance with the terms set
17forth in the order imposing the fine.
18(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;
1999-633, eff. 1-1-17; revised 10-27-16.)
 
20    Section 215. The Illinois Public Aid Code is amended by
21changing Sections 5-8 and 12-4.37 as follows:
 
22    (305 ILCS 5/5-8)  (from Ch. 23, par. 5-8)
23    Sec. 5-8. Practitioners. In supplying medical assistance,
24the Illinois Department may provide for the legally authorized

 

 

10000SB0625sam001- 499 -LRB100 04131 SMS 22955 a

1services of (i) persons licensed under the Medical Practice Act
2of 1987, as amended, except as hereafter in this Section
3stated, whether under a general or limited license, (ii)
4persons licensed under the Nurse Practice Act as advanced
5practice registered nurses, regardless of whether or not the
6persons have written collaborative agreements, (iii) persons
7licensed or registered under other laws of this State to
8provide dental, medical, pharmaceutical, optometric,
9podiatric, or nursing services, or other remedial care
10recognized under State law, and (iv) persons licensed under
11other laws of this State as a clinical social worker. The
12Department shall adopt rules, no later than 90 days after the
13effective date of this amendatory Act of the 99th General
14Assembly, for the legally authorized services of persons
15licensed under other laws of this State as a clinical social
16worker. The Department may not provide for legally authorized
17services of any physician who has been convicted of having
18performed an abortion procedure in a wilful and wanton manner
19on a woman who was not pregnant at the time such abortion
20procedure was performed. The utilization of the services of
21persons engaged in the treatment or care of the sick, which
22persons are not required to be licensed or registered under the
23laws of this State, is not prohibited by this Section.
24(Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17.)
 
25    (305 ILCS 5/12-4.37)

 

 

10000SB0625sam001- 500 -LRB100 04131 SMS 22955 a

1    Sec. 12-4.37. Children's Healthcare Partnership Pilot
2Program.
3    (a) The Department of Healthcare and Family Services, in
4cooperation with the Department of Human Services, shall
5establish a Children's Healthcare Partnership Pilot Program in
6Sangamon County to fund the provision of various health care
7services by a single provider, or a group of providers that
8have entered into an agreement for that purpose, at a single
9location in the county. Services covered under the pilot
10program shall include, but need not be limited to, family
11practice, pediatric, nursing (including advanced practice
12registered nursing), psychiatric, dental, and vision services.
13The Departments shall fund the provision of all services
14provided under the pilot program using a rate structure that is
15cost-based. To be selected by the Departments as the provider
16of health care services under the pilot program, a provider or
17group of providers must serve a disproportionate share of
18low-income or indigent patients, including recipients of
19medical assistance under Article V of this Code. The
20Departments shall adopt rules as necessary to implement this
21Section.
22    (b) Implementation of this Section is contingent on federal
23approval. The Department of Healthcare and Family Services
24shall take appropriate action by January 1, 2010 to seek
25federal approval.
26    (c) This Section is inoperative if the provider of health

 

 

10000SB0625sam001- 501 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 502 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 503 -LRB100 04131 SMS 22955 a

1        directors;
2            (I) One member representing hospice programs;
3            (J) One member representing individuals with
4        Alzheimer's disease and related dementias;
5            (K) Two members representing statewide trade or
6        labor unions;
7            (L) One advanced practice registered nurse with
8        experience in gerontological nursing;
9            (M) One physician specializing in gerontology;
10            (N) One member representing regional long-term
11        care ombudsmen;
12            (O) One member representing municipal, township,
13        or county officials;
14            (P) (Blank);
15            (Q) (Blank);
16            (R) One member representing the parish nurse
17        movement;
18            (S) One member representing pharmacists;
19            (T) Two members representing statewide
20        organizations engaging in advocacy or legal
21        representation on behalf of the senior population;
22            (U) Two family caregivers;
23            (V) Two citizen members over the age of 60;
24            (W) One citizen with knowledge in the area of
25        gerontology research or health care law;
26            (X) One representative of health care facilities

 

 

10000SB0625sam001- 504 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 505 -LRB100 04131 SMS 22955 a

1members of the Advisory Committee appointed by the Chair who
2have demonstrated expertise in developing, implementing, or
3coordinating the system restructuring initiatives defined in
4Section 25. The Executive Committee shall have responsibility
5to oversee and structure the operations of the Advisory
6Committee and to create and appoint necessary subcommittees and
7subcommittee members.
8    (e) The Advisory Committee shall study and make
9recommendations related to the implementation of this Act,
10including but not limited to system restructuring initiatives
11as defined in Section 25 or otherwise related to this Act.
12(Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10.)
 
13    Section 225. The Abused and Neglected Child Reporting Act
14is amended by changing Section 4 as follows:
 
15    (325 ILCS 5/4)
16    Sec. 4. Persons required to report; privileged
17communications; transmitting false report. Any physician,
18resident, intern, hospital, hospital administrator and
19personnel engaged in examination, care and treatment of
20persons, surgeon, dentist, dentist hygienist, osteopath,
21chiropractor, podiatric physician, physician assistant,
22substance abuse treatment personnel, funeral home director or
23employee, coroner, medical examiner, emergency medical
24technician, acupuncturist, crisis line or hotline personnel,

 

 

10000SB0625sam001- 506 -LRB100 04131 SMS 22955 a

1school personnel (including administrators and both certified
2and non-certified school employees), personnel of institutions
3of higher education, educational advocate assigned to a child
4pursuant to the School Code, member of a school board or the
5Chicago Board of Education or the governing body of a private
6school (but only to the extent required in accordance with
7other provisions of this Section expressly concerning the duty
8of school board members to report suspected child abuse),
9truant officers, social worker, social services administrator,
10domestic violence program personnel, registered nurse,
11licensed practical nurse, genetic counselor, respiratory care
12practitioner, advanced practice registered nurse, home health
13aide, director or staff assistant of a nursery school or a
14child day care center, recreational or athletic program or
15facility personnel, early intervention provider as defined in
16the Early Intervention Services System Act, law enforcement
17officer, licensed professional counselor, licensed clinical
18professional counselor, registered psychologist and assistants
19working under the direct supervision of a psychologist,
20psychiatrist, or field personnel of the Department of
21Healthcare and Family Services, Juvenile Justice, Public
22Health, Human Services (acting as successor to the Department
23of Mental Health and Developmental Disabilities,
24Rehabilitation Services, or Public Aid), Corrections, Human
25Rights, or Children and Family Services, supervisor and
26administrator of general assistance under the Illinois Public

 

 

10000SB0625sam001- 507 -LRB100 04131 SMS 22955 a

1Aid Code, probation officer, animal control officer or Illinois
2Department of Agriculture Bureau of Animal Health and Welfare
3field investigator, or any other foster parent, homemaker or
4child care worker having reasonable cause to believe a child
5known to them in their professional or official capacity may be
6an abused child or a neglected child shall immediately report
7or cause a report to be made to the Department.
8    Any member of the clergy having reasonable cause to believe
9that a child known to that member of the clergy in his or her
10professional capacity may be an abused child as defined in item
11(c) of the definition of "abused child" in Section 3 of this
12Act shall immediately report or cause a report to be made to
13the Department.
14    Any physician, physician's assistant, registered nurse,
15licensed practical nurse, medical technician, certified
16nursing assistant, social worker, or licensed professional
17counselor of any office, clinic, or any other physical location
18that provides abortions, abortion referrals, or contraceptives
19having reasonable cause to believe a child known to him or her
20in his or her professional or official capacity may be an
21abused child or a neglected child shall immediately report or
22cause a report to be made to the Department.
23    If an allegation is raised to a school board member during
24the course of an open or closed school board meeting that a
25child who is enrolled in the school district of which he or she
26is a board member is an abused child as defined in Section 3 of

 

 

10000SB0625sam001- 508 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 509 -LRB100 04131 SMS 22955 a

1be disclosed by the general superintendent of the school
2district to which the request for information concerning the
3applicant is made, and this fact may be disclosed only in cases
4where the employee and the general superintendent have not been
5informed by the Department that the allegations were unfounded.
6An employee of a school district who is or has been the subject
7of a report made pursuant to this Act during his or her
8employment with the school district must be informed by that
9school district that if he or she applies for employment with
10another school district, the general superintendent of the
11former school district, upon the request of the school district
12to which the employee applies, shall notify that requesting
13school district that the employee is or was the subject of such
14a report.
15    Whenever such person is required to report under this Act
16in his capacity as a member of the staff of a medical or other
17public or private institution, school, facility or agency, or
18as a member of the clergy, he shall make report immediately to
19the Department in accordance with the provisions of this Act
20and may also notify the person in charge of such institution,
21school, facility or agency, or church, synagogue, temple,
22mosque, or other religious institution, or his designated agent
23that such report has been made. Under no circumstances shall
24any person in charge of such institution, school, facility or
25agency, or church, synagogue, temple, mosque, or other
26religious institution, or his designated agent to whom such

 

 

10000SB0625sam001- 510 -LRB100 04131 SMS 22955 a

1notification has been made, exercise any control, restraint,
2modification or other change in the report or the forwarding of
3such report to the Department.
4    The privileged quality of communication between any
5professional person required to report and his patient or
6client shall not apply to situations involving abused or
7neglected children and shall not constitute grounds for failure
8to report as required by this Act or constitute grounds for
9failure to share information or documents with the Department
10during the course of a child abuse or neglect investigation. If
11requested by the professional, the Department shall confirm in
12writing that the information or documents disclosed by the
13professional were gathered in the course of a child abuse or
14neglect investigation.
15    The reporting requirements of this Act shall not apply to
16the contents of a privileged communication between an attorney
17and his or her client or to confidential information within the
18meaning of Rule 1.6 of the Illinois Rules of Professional
19Conduct relating to the legal representation of an individual
20client.
21    A member of the clergy may claim the privilege under
22Section 8-803 of the Code of Civil Procedure.
23    Any office, clinic, or any other physical location that
24provides abortions, abortion referrals, or contraceptives
25shall provide to all office personnel copies of written
26information and training materials about abuse and neglect and

 

 

10000SB0625sam001- 511 -LRB100 04131 SMS 22955 a

1the requirements of this Act that are provided to employees of
2the office, clinic, or physical location who are required to
3make reports to the Department under this Act, and instruct
4such office personnel to bring to the attention of an employee
5of the office, clinic, or physical location who is required to
6make reports to the Department under this Act any reasonable
7suspicion that a child known to him or her in his or her
8professional or official capacity may be an abused child or a
9neglected child. In addition to the above persons required to
10report suspected cases of abused or neglected children, any
11other person may make a report if such person has reasonable
12cause to believe a child may be an abused child or a neglected
13child.
14    Any person who enters into employment on and after July 1,
151986 and is mandated by virtue of that employment to report
16under this Act, shall sign a statement on a form prescribed by
17the Department, to the effect that the employee has knowledge
18and understanding of the reporting requirements of this Act.
19The statement shall be signed prior to commencement of the
20employment. The signed statement shall be retained by the
21employer. The cost of printing, distribution, and filing of the
22statement shall be borne by the employer.
23    Within one year of initial employment and at least every 5
24years thereafter, school personnel required to report child
25abuse as provided under this Section must complete mandated
26reporter training by a provider or agency with expertise in

 

 

10000SB0625sam001- 512 -LRB100 04131 SMS 22955 a

1recognizing and reporting child abuse.
2    The Department shall provide copies of this Act, upon
3request, to all employers employing persons who shall be
4required under the provisions of this Section to report under
5this Act.
6    Any person who knowingly transmits a false report to the
7Department commits the offense of disorderly conduct under
8subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
9A violation of this provision is a Class 4 felony.
10    Any person who knowingly and willfully violates any
11provision of this Section other than a second or subsequent
12violation of transmitting a false report as described in the
13preceding paragraph, is guilty of a Class A misdemeanor for a
14first violation and a Class 4 felony for a second or subsequent
15violation; except that if the person acted as part of a plan or
16scheme having as its object the prevention of discovery of an
17abused or neglected child by lawful authorities for the purpose
18of protecting or insulating any person or entity from arrest or
19prosecution, the person is guilty of a Class 4 felony for a
20first offense and a Class 3 felony for a second or subsequent
21offense (regardless of whether the second or subsequent offense
22involves any of the same facts or persons as the first or other
23prior offense).
24    A child whose parent, guardian or custodian in good faith
25selects and depends upon spiritual means through prayer alone
26for the treatment or cure of disease or remedial care may be

 

 

10000SB0625sam001- 513 -LRB100 04131 SMS 22955 a

1considered neglected or abused, but not for the sole reason
2that his parent, guardian or custodian accepts and practices
3such beliefs.
4    A child shall not be considered neglected or abused solely
5because the child is not attending school in accordance with
6the requirements of Article 26 of the School Code, as amended.
7    Nothing in this Act prohibits a mandated reporter who
8reasonably believes that an animal is being abused or neglected
9in violation of the Humane Care for Animals Act from reporting
10animal abuse or neglect to the Department of Agriculture's
11Bureau of Animal Health and Welfare.
12    A home rule unit may not regulate the reporting of child
13abuse or neglect in a manner inconsistent with the provisions
14of this Section. This Section is a limitation under subsection
15(i) of Section 6 of Article VII of the Illinois Constitution on
16the concurrent exercise by home rule units of powers and
17functions exercised by the State.
18    For purposes of this Section "child abuse or neglect"
19includes abuse or neglect of an adult resident as defined in
20this Act.
21(Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12;
2297-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff.
237-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214,
24eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.)
 
25    Section 230. The Health Care Workplace Violence Prevention

 

 

10000SB0625sam001- 514 -LRB100 04131 SMS 22955 a

1Act is amended by changing Section 10 as follows:
 
2    (405 ILCS 90/10)
3    Sec. 10. Definitions. In this Act:
4    "Department" means (i) the Department of Human Services, in
5the case of a health care workplace that is operated or
6regulated by the Department of Human Services, or (ii) the
7Department of Public Health, in the case of a health care
8workplace that is operated or regulated by the Department of
9Public Health.
10    "Director" means the Secretary of Human Services or the
11Director of Public Health, as appropriate.
12    "Employee" means any individual who is employed on a
13full-time, part-time, or contractual basis by a health care
14workplace.
15    "Health care workplace" means a mental health facility or
16developmental disability facility as defined in the Mental
17Health and Developmental Disabilities Code, other than a
18hospital or unit thereof licensed under the Hospital Licensing
19Act or operated under the University of Illinois Hospital Act.
20"Health care workplace" does not include, and shall not be
21construed to include, any office of a physician licensed to
22practice medicine in all its branches, an advanced practice
23registered nurse, or a physician assistant, regardless of the
24form of such office.
25    "Imminent danger" means a preliminary determination of

 

 

10000SB0625sam001- 515 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 516 -LRB100 04131 SMS 22955 a

1infant or mother.
2    "Prenatal care" means an office visit to a licensed health
3care professional for pregnancy-related care occurring before
4birth.
5    "Questionnaire" means an assessment tool administered by a
6licensed health care professional to detect perinatal mental
7health disorders, such as the Edinburgh Postnatal Depression
8Scale, the Postpartum Depression Screening Scale, the Beck
9Depression Inventory, the Patient Health Questionnaire, or
10other validated assessment methods.
11(Source: P.A. 99-173, eff. 7-29-15.)
 
12    Section 240. The Epinephrine Auto-Injector Act is amended
13by changing Section 5 as follows:
 
14    (410 ILCS 27/5)
15    Sec. 5. Definitions. As used in this Act:
16    "Administer" means to directly apply an epinephrine
17auto-injector to the body of an individual.
18    "Authorized entity" means any entity or organization,
19other than a school covered under Section 22-30 of the School
20Code, in connection with or at which allergens capable of
21causing anaphylaxis may be present, including, but not limited
22to, independent contractors who provide student transportation
23to schools, recreation camps, colleges and universities, day
24care facilities, youth sports leagues, amusement parks,

 

 

10000SB0625sam001- 517 -LRB100 04131 SMS 22955 a

1restaurants, sports arenas, and places of employment. The
2Department shall, by rule, determine what constitutes a day
3care facility under this definition.
4    "Department" means the Department of Public Health.
5    "Epinephrine auto-injector" means a single-use device used
6for the automatic injection of a pre-measured dose of
7epinephrine into the human body.
8    "Health care practitioner" means a physician licensed to
9practice medicine in all its branches under the Medical
10Practice Act of 1987, a physician assistant under the Physician
11Assistant Practice Act of 1987 with prescriptive authority, or
12an advanced practice registered nurse with prescribing
13authority under Article 65 of the Nurse Practice Act.
14    "Pharmacist" has the meaning given to that term under
15subsection (k-5) of Section 3 of the Pharmacy Practice Act.
16    "Undesignated epinephrine auto-injector" means an
17epinephrine auto-injector prescribed in the name of an
18authorized entity.
19(Source: P.A. 99-711, eff. 1-1-17.)
 
20    Section 245. The Lead Poisoning Prevention Act is amended
21by changing Section 6.2 as follows:
 
22    (410 ILCS 45/6.2)  (from Ch. 111 1/2, par. 1306.2)
23    Sec. 6.2. Testing children and pregnant persons.
24    (a) Any physician licensed to practice medicine in all its

 

 

10000SB0625sam001- 518 -LRB100 04131 SMS 22955 a

1branches or health care provider who sees or treats children 6
2years of age or younger shall test those children for lead
3poisoning when those children reside in an area defined as high
4risk by the Department. Children residing in areas defined as
5low risk by the Department shall be evaluated for risk by the
6Childhood Lead Risk Questionnaire developed by the Department
7and tested if indicated. Children shall be evaluated in
8accordance with rules adopted by the Department.
9    (b) Each licensed, registered, or approved health care
10facility serving children 6 years of age or younger, including,
11but not limited to, health departments, hospitals, clinics, and
12health maintenance organizations approved, registered, or
13licensed by the Department, shall take the appropriate steps to
14ensure that children 6 years of age or younger be evaluated for
15risk or tested for lead poisoning or both.
16    (c) Children 7 years and older and pregnant persons may
17also be tested by physicians or health care providers, in
18accordance with rules adopted by the Department. Physicians and
19health care providers shall also evaluate children for lead
20poisoning in conjunction with the school health examination, as
21required under the School Code, when, in the medical judgment
22of the physician, advanced practice registered nurse, or
23physician assistant, the child is potentially at high risk of
24lead poisoning.
25    (d) (Blank).
26(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15; 99-173,

 

 

10000SB0625sam001- 519 -LRB100 04131 SMS 22955 a

1eff. 7-29-15.)
 
2    Section 250. The Medical Patient Rights Act is amended by
3changing Section 7 as follows:
 
4    (410 ILCS 50/7)
5    Sec. 7. Patient examination. Any physician, medical
6student, resident, advanced practice registered nurse,
7registered nurse, or physician assistant who provides
8treatment or care to a patient shall inform the patient of his
9or her profession upon providing the treatment or care, which
10includes but is not limited to any physical examination, such
11as a pelvic examination. In the case of an unconscious patient,
12any care or treatment must be related to the patient's illness,
13condition, or disease.
14(Source: P.A. 93-771, eff. 7-21-04.)
 
15    Section 255. The Sexual Assault Survivors Emergency
16Treatment Act is amended by changing Sections 1a, 2.2, 5, 5.5,
17and 6.5 as follows:
 
18    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
19    Sec. 1a. Definitions. In this Act:
20    "Ambulance provider" means an individual or entity that
21owns and operates a business or service using ambulances or
22emergency medical services vehicles to transport emergency

 

 

10000SB0625sam001- 520 -LRB100 04131 SMS 22955 a

1patients.
2    "Areawide sexual assault treatment plan" means a plan,
3developed by the hospitals in the community or area to be
4served, which provides for hospital emergency services to
5sexual assault survivors that shall be made available by each
6of the participating hospitals.
7    "Department" means the Department of Public Health.
8    "Emergency contraception" means medication as approved by
9the federal Food and Drug Administration (FDA) that can
10significantly reduce the risk of pregnancy if taken within 72
11hours after sexual assault.
12    "Follow-up healthcare" means healthcare services related
13to a sexual assault, including laboratory services and pharmacy
14services, rendered within 90 days of the initial visit for
15hospital emergency services.
16    "Forensic services" means the collection of evidence
17pursuant to a statewide sexual assault evidence collection
18program administered by the Department of State Police, using
19the Illinois State Police Sexual Assault Evidence Collection
20Kit.
21    "Health care professional" means a physician, a physician
22assistant, or an advanced practice registered nurse.
23    "Hospital" has the meaning given to that term in the
24Hospital Licensing Act.
25    "Hospital emergency services" means healthcare delivered
26to outpatients within or under the care and supervision of

 

 

10000SB0625sam001- 521 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 522 -LRB100 04131 SMS 22955 a

1developed by a hospital and approved by the Department, which
2describes the hospital's procedures for transferring sexual
3assault survivors to another hospital in order to receive
4emergency treatment.
5    "Sexual assault treatment plan" means a written plan
6developed by a hospital that describes the hospital's
7procedures and protocols for providing hospital emergency
8services and forensic services to sexual assault survivors who
9present themselves for such services, either directly or
10through transfer from another hospital.
11    "Transfer services" means the appropriate medical
12screening examination and necessary stabilizing treatment
13prior to the transfer of a sexual assault survivor to a
14hospital that provides hospital emergency services and
15forensic services to sexual assault survivors pursuant to a
16sexual assault treatment plan or areawide sexual assault
17treatment plan.
18    "Voucher" means a document generated by a hospital at the
19time the sexual assault survivor receives hospital emergency
20and forensic services that a sexual assault survivor may
21present to providers for follow-up healthcare.
22(Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17.)
 
23    (410 ILCS 70/2.2)
24    Sec. 2.2. Emergency contraception.
25    (a) The General Assembly finds:

 

 

10000SB0625sam001- 523 -LRB100 04131 SMS 22955 a

1        (1) Crimes of sexual assault and sexual abuse cause
2    significant physical, emotional, and psychological trauma
3    to the victims. This trauma is compounded by a victim's
4    fear of becoming pregnant and bearing a child as a result
5    of the sexual assault.
6        (2) Each year over 32,000 women become pregnant in the
7    United States as the result of rape and approximately 50%
8    of these pregnancies end in abortion.
9        (3) As approved for use by the Federal Food and Drug
10    Administration (FDA), emergency contraception can
11    significantly reduce the risk of pregnancy if taken within
12    72 hours after the sexual assault.
13        (4) By providing emergency contraception to rape
14    victims in a timely manner, the trauma of rape can be
15    significantly reduced.
16    (b) Within 120 days after the effective date of this
17amendatory Act of the 92nd General Assembly, every hospital
18providing services to sexual assault survivors in accordance
19with a plan approved under Section 2 must develop a protocol
20that ensures that each survivor of sexual assault will receive
21medically and factually accurate and written and oral
22information about emergency contraception; the indications and
23counter-indications and risks associated with the use of
24emergency contraception; and a description of how and when
25victims may be provided emergency contraception upon the
26written order of a physician licensed to practice medicine in

 

 

10000SB0625sam001- 524 -LRB100 04131 SMS 22955 a

1all its branches, a licensed advanced practice registered
2nurse, or a licensed physician assistant. The Department shall
3approve the protocol if it finds that the implementation of the
4protocol would provide sufficient protection for survivors of
5sexual assault.
6    The hospital shall implement the protocol upon approval by
7the Department. The Department shall adopt rules and
8regulations establishing one or more safe harbor protocols and
9setting minimum acceptable protocol standards that hospitals
10may develop and implement. The Department shall approve any
11protocol that meets those standards. The Department may provide
12a sample acceptable protocol upon request.
13(Source: P.A. 99-173, eff. 7-29-15.)
 
14    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
15    Sec. 5. Minimum requirements for hospitals providing
16hospital emergency services and forensic services to sexual
17assault survivors.
18    (a) Every hospital providing hospital emergency services
19and forensic services to sexual assault survivors under this
20Act shall, as minimum requirements for such services, provide,
21with the consent of the sexual assault survivor, and as ordered
22by the attending physician, an advanced practice registered
23nurse, or a physician assistant, the following:
24        (1) appropriate medical examinations and laboratory
25    tests required to ensure the health, safety, and welfare of

 

 

10000SB0625sam001- 525 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 526 -LRB100 04131 SMS 22955 a

1    sexual assault to determine the presence or absence of
2    sexually transmitted disease;
3        (7) referral by hospital personnel for appropriate
4    counseling; and
5        (8) when HIV prophylaxis is deemed appropriate, an
6    initial dose or doses of HIV prophylaxis, along with
7    written and oral instructions indicating the importance of
8    timely follow-up healthcare.
9    (b) Any person who is a sexual assault survivor who seeks
10emergency hospital services and forensic services or follow-up
11healthcare under this Act shall be provided such services
12without the consent of any parent, guardian, custodian,
13surrogate, or agent.
14    (b-5) Every treating hospital providing hospital emergency
15and forensic services to sexual assault survivors shall issue a
16voucher to any sexual assault survivor who is eligible to
17receive one. The hospital shall make a copy of the voucher and
18place it in the medical record of the sexual assault survivor.
19The hospital shall provide a copy of the voucher to the sexual
20assault survivor after discharge upon request.
21    (c) Nothing in this Section creates a physician-patient
22relationship that extends beyond discharge from the hospital
23emergency department.
24(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
2599-642, eff. 7-28-16.)
 

 

 

10000SB0625sam001- 527 -LRB100 04131 SMS 22955 a

1    (410 ILCS 70/5.5)
2    Sec. 5.5. Minimum reimbursement requirements for follow-up
3healthcare.
4    (a) Every hospital, health care professional, laboratory,
5or pharmacy that provides follow-up healthcare to a sexual
6assault survivor, with the consent of the sexual assault
7survivor and as ordered by the attending physician, an advanced
8practice registered nurse, or physician assistant shall be
9reimbursed for the follow-up healthcare services provided.
10Follow-up healthcare services include, but are not limited to,
11the following:
12        (1) a physical examination;
13        (2) laboratory tests to determine the presence or
14    absence of sexually transmitted disease; and
15        (3) appropriate medications, including HIV
16    prophylaxis.
17    (b) Reimbursable follow-up healthcare is limited to office
18visits with a physician, advanced practice registered nurse, or
19physician assistant within 90 days after an initial visit for
20hospital emergency services.
21    (c) Nothing in this Section requires a hospital, health
22care professional, laboratory, or pharmacy to provide
23follow-up healthcare to a sexual assault survivor.
24(Source: P.A. 99-173, eff. 7-29-15.)
 
25    (410 ILCS 70/6.5)

 

 

10000SB0625sam001- 528 -LRB100 04131 SMS 22955 a

1    Sec. 6.5. Written consent to the release of sexual assault
2evidence for testing.
3    (a) Upon the completion of hospital emergency services and
4forensic services, the health care professional providing the
5forensic services shall provide the patient the opportunity to
6sign a written consent to allow law enforcement to submit the
7sexual assault evidence for testing. The written consent shall
8be on a form included in the sexual assault evidence collection
9kit and shall include whether the survivor consents to the
10release of information about the sexual assault to law
11enforcement.
12        (1) A survivor 13 years of age or older may sign the
13    written consent to release the evidence for testing.
14        (2) If the survivor is a minor who is under 13 years of
15    age, the written consent to release the sexual assault
16    evidence for testing may be signed by the parent, guardian,
17    investigating law enforcement officer, or Department of
18    Children and Family Services.
19        (3) If the survivor is an adult who has a guardian of
20    the person, a health care surrogate, or an agent acting
21    under a health care power of attorney, the consent of the
22    guardian, surrogate, or agent is not required to release
23    evidence and information concerning the sexual assault or
24    sexual abuse. If the adult is unable to provide consent for
25    the release of evidence and information and a guardian,
26    surrogate, or agent under a health care power of attorney

 

 

10000SB0625sam001- 529 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 530 -LRB100 04131 SMS 22955 a

1    the sexual assault evidence may sign a written consent to
2    allow law enforcement to test the sexual assault evidence
3    at any time during that 5-year period for an adult victim,
4    or until a minor victim turns 23 years of age by (A)
5    contacting the law enforcement agency having jurisdiction,
6    or if unknown, the law enforcement agency contacted by the
7    hospital under Section 3.2 of the Criminal Identification
8    Act; or (B) by working with an advocate at a rape crisis
9    center;
10        (3) the name, address, and phone number of the law
11    enforcement agency having jurisdiction, or if unknown the
12    name, address, and phone number of the law enforcement
13    agency contacted by the hospital under Section 3.2 of the
14    Criminal Identification Act; and
15        (4) the name and phone number of a local rape crisis
16    center.
17(Source: P.A. 99-801, eff. 1-1-17.)
 
18    Section 260. The Consent by Minors to Medical Procedures
19Act is amended by changing Sections 1, 1.5, 2, 3, and 5 as
20follows:
 
21    (410 ILCS 210/1)  (from Ch. 111, par. 4501)
22    Sec. 1. Consent by minor. The consent to the performance of
23a medical or surgical procedure by a physician licensed to
24practice medicine and surgery, a licensed advanced practice

 

 

10000SB0625sam001- 531 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 532 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 533 -LRB100 04131 SMS 22955 a

1professional's disclosure of confidential information to the
2additional person with the consent of the minor seeking care,
3when reasonably necessary to accomplish the purpose for which
4the additional person is consulted, or (3) by the health care
5professional billing a health benefit insurance or plan under
6which the minor seeking care is insured, is enrolled, or has
7coverage for the services provided.
8    (d) Nothing in this Section shall be construed to limit or
9expand a minor's existing powers and obligations under any
10federal, State, or local law. Nothing in this Section shall be
11construed to affect the Parental Notice of Abortion Act of
121995. Nothing in this Section affects the right or authority of
13a parent or legal guardian to verbally, in writing, or
14otherwise authorize health care services to be provided for a
15minor in their absence.
16    (e) For the purposes of this Section:
17        "Minor seeking care" means a person at least 14 years
18    of age but less than 18 years of age who is living separate
19    and apart from his or her parents or legal guardian,
20    whether with or without the consent of a parent or legal
21    guardian who is unable or unwilling to return to the
22    residence of a parent, and managing his or her own personal
23    affairs. "Minor seeking care" does not include minors who
24    are under the protective custody, temporary custody, or
25    guardianship of the Department of Children and Family
26    Services.

 

 

10000SB0625sam001- 534 -LRB100 04131 SMS 22955 a

1        "Primary care services" means health care services
2    that include screening, counseling, immunizations,
3    medication, and treatment of illness and conditions
4    customarily provided by licensed health care professionals
5    in an out-patient setting. "Primary care services" does not
6    include invasive care, beyond standard injections,
7    laceration care, or non-surgical fracture care.
8(Source: P.A. 98-671, eff. 10-1-14; 99-173, eff. 7-29-15.)
 
9    (410 ILCS 210/2)  (from Ch. 111, par. 4502)
10    Sec. 2. Any parent, including a parent who is a minor, may
11consent to the performance upon his or her child of a medical
12or surgical procedure by a physician licensed to practice
13medicine and surgery, a licensed advanced practice registered
14nurse, or a licensed physician assistant or a dental procedure
15by a licensed dentist. The consent of a parent who is a minor
16shall not be voidable because of such minority, but, for such
17purpose, a parent who is a minor shall be deemed to have the
18same legal capacity to act and shall have the same powers and
19obligations as has a person of legal age.
20(Source: P.A. 99-173, eff. 7-29-15.)
 
21    (410 ILCS 210/3)  (from Ch. 111, par. 4503)
22    Sec. 3. (a) Where a hospital, a physician licensed to
23practice medicine or surgery, a licensed advanced practice
24registered nurse, or a licensed physician assistant renders

 

 

10000SB0625sam001- 535 -LRB100 04131 SMS 22955 a

1emergency treatment or first aid or a licensed dentist renders
2emergency dental treatment to a minor, consent of the minor's
3parent or legal guardian need not be obtained if, in the sole
4opinion of the physician, advanced practice registered nurse,
5physician assistant, dentist, or hospital, the obtaining of
6consent is not reasonably feasible under the circumstances
7without adversely affecting the condition of such minor's
8health.
9    (b) Where a minor is the victim of a predatory criminal
10sexual assault of a child, aggravated criminal sexual assault,
11criminal sexual assault, aggravated criminal sexual abuse or
12criminal sexual abuse, as provided in Sections 11-1.20 through
1311-1.60 of the Criminal Code of 2012, the consent of the
14minor's parent or legal guardian need not be obtained to
15authorize a hospital, physician, advanced practice registered
16nurse, physician assistant, or other medical personnel to
17furnish medical care or counseling related to the diagnosis or
18treatment of any disease or injury arising from such offense.
19The minor may consent to such counseling, diagnosis or
20treatment as if the minor had reached his or her age of
21majority. Such consent shall not be voidable, nor subject to
22later disaffirmance, because of minority.
23(Source: P.A. 99-173, eff. 7-29-15.)
 
24    (410 ILCS 210/5)  (from Ch. 111, par. 4505)
25    Sec. 5. Counseling; informing parent or guardian. Any

 

 

10000SB0625sam001- 536 -LRB100 04131 SMS 22955 a

1physician, advanced practice registered nurse, or physician
2assistant, who provides diagnosis or treatment or any licensed
3clinical psychologist or professionally trained social worker
4with a master's degree or any qualified person employed (i) by
5an organization licensed or funded by the Department of Human
6Services, (ii) by units of local government, or (iii) by
7agencies or organizations operating drug abuse programs funded
8or licensed by the Federal Government or the State of Illinois
9or any qualified person employed by or associated with any
10public or private alcoholism or drug abuse program licensed by
11the State of Illinois who provides counseling to a minor
12patient who has come into contact with any sexually transmitted
13disease referred to in Section 4 of this Act may, but shall not
14be obligated to, inform the parent, parents, or guardian of the
15minor as to the treatment given or needed. Any person described
16in this Section who provides counseling to a minor who abuses
17drugs or alcohol or has a family member who abuses drugs or
18alcohol shall not inform the parent, parents, guardian, or
19other responsible adult of the minor's condition or treatment
20without the minor's consent unless that action is, in the
21person's judgment, necessary to protect the safety of the
22minor, a family member, or another individual.
23    Any such person shall, upon the minor's consent, make
24reasonable efforts to involve the family of the minor in his or
25her treatment, if the person furnishing the treatment believes
26that the involvement of the family will not be detrimental to

 

 

10000SB0625sam001- 537 -LRB100 04131 SMS 22955 a

1the progress and care of the minor. Reasonable effort shall be
2extended to assist the minor in accepting the involvement of
3his or her family in the care and treatment being given.
4(Source: P.A. 93-962, eff. 8-20-04.)
 
5    Section 265. The Early Hearing Detection and Intervention
6Act is amended by changing Section 10 as follows:
 
7    (410 ILCS 213/10)
8    Sec. 10. Reports to Department of Public Health.
9Physicians, advanced practice registered nurses, physician
10assistants, otolaryngologists, audiologists, ancillary health
11care providers, early intervention programs and providers,
12parent-to-parent support programs, the Department of Human
13Services, and the University of Illinois at Chicago Division of
14Specialized Care for Children shall report all hearing testing,
15medical treatment, and intervention outcomes related to
16newborn hearing screening or newly identified hearing loss for
17children birth through 6 years of age to the Department.
18Reporting shall be done within 7 days after the date of service
19or after an inquiry from the Department. Reports shall be in a
20format determined by the Department.
21(Source: P.A. 99-834, eff. 8-19-16.)
 
22    Section 270. The Prenatal and Newborn Care Act is amended
23by changing Sections 2 and 6 as follows:
 

 

 

10000SB0625sam001- 538 -LRB100 04131 SMS 22955 a

1    (410 ILCS 225/2)  (from Ch. 111 1/2, par. 7022)
2    Sec. 2. Definitions. As used in this Act, unless the
3context otherwise requires:
4    "Advanced practice registered nurse" or "APRN" "APN" means
5an advanced practice registered nurse licensed under the Nurse
6Practice Act.
7    "Department" means the Illinois Department of Human
8Services.
9    "Early and Periodic Screening, Diagnosis and Treatment
10(EPSDT)" means the provision of preventative health care under
1142 C.F.R. 441.50 et seq., including medical and dental
12services, needed to assess growth and development and detect
13and treat health problems.
14    "Hospital" means a hospital as defined under the Hospital
15Licensing Act.
16    "Local health authority" means the full-time official
17health department or board of health, as recognized by the
18Illinois Department of Public Health, having jurisdiction over
19a particular area.
20    "Nurse" means a nurse licensed under the Nurse Practice
21Act.
22    "Physician" means a physician licensed to practice
23medicine in all of its branches.
24    "Physician assistant" means a physician assistant licensed
25under the Physician Assistant Practice Act of 1987.

 

 

10000SB0625sam001- 539 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 540 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 541 -LRB100 04131 SMS 22955 a

1(Source: P.A. 93-962, eff. 8-20-04.)
 
2    Section 275. The AIDS Confidentiality Act is amended by
3changing Section 3 as follows:
 
4    (410 ILCS 305/3)  (from Ch. 111 1/2, par. 7303)
5    Sec. 3. Definitions. When used in this Act:
6    (a) "AIDS" means acquired immunodeficiency syndrome.
7    (b) "Authority" means the Illinois Health Information
8Exchange Authority established pursuant to the Illinois Health
9Information Exchange and Technology Act.
10    (c) "Business associate" has the meaning ascribed to it
11under HIPAA, as specified in 45 CFR 160.103.
12    (d) "Covered entity" has the meaning ascribed to it under
13HIPAA, as specified in 45 CFR 160.103.
14    (e) "De-identified information" means health information
15that is not individually identifiable as described under HIPAA,
16as specified in 45 CFR 164.514(b).
17    (f) "Department" means the Illinois Department of Public
18Health or its designated agents.
19    (g) "Disclosure" has the meaning ascribed to it under
20HIPAA, as specified in 45 CFR 160.103.
21    (h) "Health care operations" has the meaning ascribed to it
22under HIPAA, as specified in 45 CFR 164.501.
23    (i) "Health care professional" means (i) a licensed
24physician, (ii) a licensed physician assistant, (iii) a

 

 

10000SB0625sam001- 542 -LRB100 04131 SMS 22955 a

1licensed advanced practice registered nurse, (iv) an advanced
2practice registered nurse or physician assistant who practices
3in a hospital or ambulatory surgical treatment center and
4possesses appropriate clinical privileges, (v) a licensed
5dentist, (vi) a licensed podiatric physician, or (vii) an
6individual certified to provide HIV testing and counseling by a
7state or local public health department.
8    (j) "Health care provider" has the meaning ascribed to it
9under HIPAA, as specified in 45 CFR 160.103.
10    (k) "Health facility" means a hospital, nursing home, blood
11bank, blood center, sperm bank, or other health care
12institution, including any "health facility" as that term is
13defined in the Illinois Finance Authority Act.
14    (l) "Health information exchange" or "HIE" means a health
15information exchange or health information organization that
16oversees and governs the electronic exchange of health
17information that (i) is established pursuant to the Illinois
18Health Information Exchange and Technology Act, or any
19subsequent amendments thereto, and any administrative rules
20adopted thereunder; (ii) has established a data sharing
21arrangement with the Authority; or (iii) as of August 16, 2013,
22was designated by the Authority Board as a member of, or was
23represented on, the Authority Board's Regional Health
24Information Exchange Workgroup; provided that such designation
25shall not require the establishment of a data sharing
26arrangement or other participation with the Illinois Health

 

 

10000SB0625sam001- 543 -LRB100 04131 SMS 22955 a

1Information Exchange or the payment of any fee. In certain
2circumstances, in accordance with HIPAA, an HIE will be a
3business associate.
4    (m) "Health oversight agency" has the meaning ascribed to
5it under HIPAA, as specified in 45 CFR 164.501.
6    (n) "HIPAA" means the Health Insurance Portability and
7Accountability Act of 1996, Public Law 104-191, as amended by
8the Health Information Technology for Economic and Clinical
9Health Act of 2009, Public Law 111-05, and any subsequent
10amendments thereto and any regulations promulgated thereunder.
11    (o) "HIV" means the human immunodeficiency virus.
12    (p) "HIV-related information" means the identity of a
13person upon whom an HIV test is performed, the results of an
14HIV test, as well as diagnosis, treatment, and prescription
15information that reveals a patient is HIV-positive, including
16such information contained in a limited data set. "HIV-related
17information" does not include information that has been
18de-identified in accordance with HIPAA.
19    (q) "Informed consent" means:
20        (1) where a health care provider, health care
21    professional, or health facility has implemented opt-in
22    testing, a process by which an individual or their legal
23    representative receives pre-test information, has an
24    opportunity to ask questions, and consents verbally or in
25    writing to the test without undue inducement or any element
26    of force, fraud, deceit, duress, or other form of

 

 

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

 

 

10000SB0625sam001- 545 -LRB100 04131 SMS 22955 a

1and clearly explain how the subject may decline HIV testing.
2Health facility clerical staff or other staff responsible for
3the consent form for general medical care may obtain consent
4for HIV testing through a general consent form.
5    (r) "Limited data set" has the meaning ascribed to it under
6HIPAA, as described in 45 CFR 164.514(e)(2).
7    (s) "Minimum necessary" means the HIPAA standard for using,
8disclosing, and requesting protected health information found
9in 45 CFR 164.502(b) and 164.514(d).
10    (s-1) "Opt-in testing" means an approach where an HIV test
11is presented by offering the test and the patient accepts or
12declines testing.
13    (s-3) "Opt-out testing" means an approach where an HIV test
14is presented such that a patient is notified that HIV testing
15may occur unless the patient declines.
16    (t) "Organized health care arrangement" has the meaning
17ascribed to it under HIPAA, as specified in 45 CFR 160.103.
18    (u) "Patient safety activities" has the meaning ascribed to
19it under 42 CFR 3.20.
20    (v) "Payment" has the meaning ascribed to it under HIPAA,
21as specified in 45 CFR 164.501.
22    (w) "Person" includes any natural person, partnership,
23association, joint venture, trust, governmental entity, public
24or private corporation, health facility, or other legal entity.
25    (w-5) "Pre-test information" means:
26        (1) a reasonable explanation of the test, including its

 

 

10000SB0625sam001- 546 -LRB100 04131 SMS 22955 a

1    purpose, potential uses, limitations, and the meaning of
2    its results; and
3        (2) a reasonable explanation of the procedures to be
4    followed, including the voluntary nature of the test, the
5    availability of a qualified person to answer questions, the
6    right to withdraw consent to the testing process at any
7    time, the right to anonymity to the extent provided by law
8    with respect to participation in the test and disclosure of
9    test results, and the right to confidential treatment of
10    information identifying the subject of the test and the
11    results of the test, to the extent provided by law.
12    Pre-test information may be provided in writing, verbally,
13or by video, electronic, or other means and may be provided as
14designated by the supervising health care professional or the
15health facility.
16    For the purposes of this definition, a qualified person to
17answer questions is a health care professional or, when acting
18under the supervision of a health care professional, a
19registered nurse, medical assistant, or other person
20determined to be sufficiently knowledgeable about HIV testing,
21its purpose, potential uses, limitations, the meaning of the
22test results, and the testing procedures in the professional
23judgment of a supervising health care professional or as
24designated by a health care facility.
25    (x) "Protected health information" has the meaning
26ascribed to it under HIPAA, as specified in 45 CFR 160.103.

 

 

10000SB0625sam001- 547 -LRB100 04131 SMS 22955 a

1    (y) "Research" has the meaning ascribed to it under HIPAA,
2as specified in 45 CFR 164.501.
3    (z) "State agency" means an instrumentality of the State of
4Illinois and any instrumentality of another state that,
5pursuant to applicable law or a written undertaking with an
6instrumentality of the State of Illinois, is bound to protect
7the privacy of HIV-related information of Illinois persons.
8    (aa) "Test" or "HIV test" means a test to determine the
9presence of the antibody or antigen to HIV, or of HIV
10infection.
11    (bb) "Treatment" has the meaning ascribed to it under
12HIPAA, as specified in 45 CFR 164.501.
13    (cc) "Use" has the meaning ascribed to it under HIPAA, as
14specified in 45 CFR 160.103, where context dictates.
15(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15; 99-54,
16eff. 1-1-16; 99-173, eff. 7-29-15; 99-642, eff. 7-28-16.)
 
17    Section 280. The Illinois Sexually Transmissible Disease
18Control Act is amended by changing Sections 3, 4, and 5.5 as
19follows:
 
20    (410 ILCS 325/3)  (from Ch. 111 1/2, par. 7403)
21    Sec. 3. Definitions. As used in this Act, unless the
22context clearly requires otherwise:
23    (1) "Department" means the Department of Public Health.
24    (2) "Local health authority" means the full-time official

 

 

10000SB0625sam001- 548 -LRB100 04131 SMS 22955 a

1health department of board of health, as recognized by the
2Department, having jurisdiction over a particular area.
3    (3) "Sexually transmissible disease" means a bacterial,
4viral, fungal or parasitic disease, determined by rule of the
5Department to be sexually transmissible, to be a threat to the
6public health and welfare, and to be a disease for which a
7legitimate public interest will be served by providing for
8regulation and treatment. In considering which diseases are to
9be designated sexually transmissible diseases, the Department
10shall consider such diseases as chancroid, gonorrhea,
11granuloma inguinale, lymphogranuloma venereum, genital herpes
12simplex, chlamydia, nongonococcal urethritis (NGU), pelvic
13inflammatory disease (PID)/Acute Salpingitis, syphilis,
14Acquired Immunodeficiency Syndrome (AIDS), and Human
15Immunodeficiency Virus (HIV) for designation, and shall
16consider the recommendations and classifications of the
17Centers for Disease Control and other nationally recognized
18medical authorities. Not all diseases that are sexually
19transmissible need be designated for purposes of this Act.
20    (4) "Health care professional" means a physician licensed
21to practice medicine in all its branches, a licensed physician
22assistant, or a licensed advanced practice registered nurse.
23    (5) "Expedited partner therapy" means to prescribe,
24dispense, furnish, or otherwise provide prescription
25antibiotic drugs to the partner or partners of persons
26clinically diagnosed as infected with a sexually transmissible

 

 

10000SB0625sam001- 549 -LRB100 04131 SMS 22955 a

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

 

 

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

 

 

10000SB0625sam001- 551 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 552 -LRB100 04131 SMS 22955 a

1subject's records shall not be copied or seized by the
2Department.
3    For purposes of this subsection, the term "invasive
4procedures" means those procedures termed invasive by the
5Centers for Disease Control in current guidelines or
6recommendations for the prevention of HIV transmission in
7health care settings, and the term "health care provider" means
8any physician, dentist, podiatric physician, advanced practice
9registered nurse, physician assistant, nurse, or other person
10providing health care services of any kind.
11    (d) All information and records held by the Department and
12local health authorities pertaining to activities conducted
13pursuant to this Section shall be strictly confidential and
14exempt from copying and inspection under the Freedom of
15Information Act. Such information and records shall not be
16released or made public by the Department or local health
17authorities, and shall not be admissible as evidence, nor
18discoverable in any action of any kind in any court or before
19any tribunal, board, agency or person and shall be treated in
20the same manner as the information and those records subject to
21the provisions of Part 21 of Article VIII of the Code of Civil
22Procedure except under the following circumstances:
23        (1) When made with the written consent of all persons
24    to whom this information pertains;
25        (2) When authorized under Section 8 to be released
26    under court order or subpoena pursuant to Section 12-5.01

 

 

10000SB0625sam001- 553 -LRB100 04131 SMS 22955 a

1    or 12-16.2 of the Criminal Code of 1961 or the Criminal
2    Code of 2012; or
3        (3) When made by the Department for the purpose of
4    seeking a warrant authorized by Sections 6 and 7 of this
5    Act. Such disclosure shall conform to the requirements of
6    subsection (a) of Section 8 of this Act.
7    (e) Any person who knowingly or maliciously disseminates
8any information or report concerning the existence of any
9disease under this Section is guilty of a Class A misdemeanor.
10(Source: P.A. 98-214, eff. 8-9-13; 98-756, eff. 7-16-14;
1199-642, eff. 7-28-16.)
 
12    Section 285. The Perinatal HIV Prevention Act is amended by
13changing Section 5 as follows:
 
14    (410 ILCS 335/5)
15    Sec. 5. Definitions. In this Act:
16    "Department" means the Department of Public Health.
17    "Health care professional" means a physician licensed to
18practice medicine in all its branches, a licensed physician
19assistant, or a licensed advanced practice registered nurse.
20    "Health care facility" or "facility" means any hospital or
21other institution that is licensed or otherwise authorized to
22deliver health care services.
23    "Health care services" means any prenatal medical care or
24labor or delivery services to a pregnant woman and her newborn

 

 

10000SB0625sam001- 554 -LRB100 04131 SMS 22955 a

1infant, including hospitalization.
2(Source: P.A. 99-173, eff. 7-29-15.)
 
3    Section 290. The Genetic Information Privacy Act is amended
4by changing Section 10 as follows:
 
5    (410 ILCS 513/10)
6    Sec. 10. Definitions. As used in this Act:
7    "Authority" means the Illinois Health Information Exchange
8Authority established pursuant to the Illinois Health
9Information Exchange and Technology Act.
10    "Business associate" has the meaning ascribed to it under
11HIPAA, as specified in 45 CFR 160.103.
12    "Covered entity" has the meaning ascribed to it under
13HIPAA, as specified in 45 CFR 160.103.
14    "De-identified information" means health information that
15is not individually identifiable as described under HIPAA, as
16specified in 45 CFR 164.514(b).
17    "Disclosure" has the meaning ascribed to it under HIPAA, as
18specified in 45 CFR 160.103.
19    "Employer" means the State of Illinois, any unit of local
20government, and any board, commission, department,
21institution, or school district, any party to a public
22contract, any joint apprenticeship or training committee
23within the State, and every other person employing employees
24within the State.

 

 

10000SB0625sam001- 555 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 556 -LRB100 04131 SMS 22955 a

1    "Genetic testing" and "genetic test" have the meaning
2ascribed to "genetic test" under HIPAA, as specified in 45 CFR
3160.103.
4    "Health care operations" has the meaning ascribed to it
5under HIPAA, as specified in 45 CFR 164.501.
6    "Health care professional" means (i) a licensed physician,
7(ii) a licensed physician assistant, (iii) a licensed advanced
8practice registered nurse, (iv) a licensed dentist, (v) a
9licensed podiatrist, (vi) a licensed genetic counselor, or
10(vii) an individual certified to provide genetic testing by a
11state or local public health department.
12    "Health care provider" has the meaning ascribed to it under
13HIPAA, as specified in 45 CFR 160.103.
14    "Health facility" means a hospital, blood bank, blood
15center, sperm bank, or other health care institution, including
16any "health facility" as that term is defined in the Illinois
17Finance Authority Act.
18    "Health information exchange" or "HIE" means a health
19information exchange or health information organization that
20exchanges health information electronically that (i) is
21established pursuant to the Illinois Health Information
22Exchange and Technology Act, or any subsequent amendments
23thereto, and any administrative rules promulgated thereunder;
24(ii) has established a data sharing arrangement with the
25Authority; or (iii) as of August 16, 2013, was designated by
26the Authority Board as a member of, or was represented on, the

 

 

10000SB0625sam001- 557 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 558 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 559 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 560 -LRB100 04131 SMS 22955 a

1(Source: P.A. 98-1046, eff. 1-1-15; 99-173, eff. 7-29-15.)
 
2    Section 295. The Home Health and Hospice Drug Dispensation
3and Administration Act is amended by changing Section 10 as
4follows:
 
5    (410 ILCS 642/10)
6    Sec. 10. Definitions. In this Act:
7    "Authorized nursing employee" means a registered nurse or
8advanced practice registered nurse, as defined in the Nurse
9Practice Act, who is employed by a home health agency or
10hospice licensed in this State.
11    "Health care professional" means a physician licensed to
12practice medicine in all its branches, a licensed advanced
13practice registered nurse, or a licensed physician assistant.
14    "Home health agency" has the meaning ascribed to it in
15Section 2.04 of the Home Health, Home Services, and Home
16Nursing Agency Licensing Act.
17    "Hospice" means a full hospice, as defined in Section 3 of
18the Hospice Program Licensing Act.
19    "Physician" means a physician licensed under the Medical
20Practice Act of 1987 to practice medicine in all its branches.
21(Source: P.A. 99-173, eff. 7-29-15.)
 
22    Section 300. The Radiation Protection Act of 1990 is
23amended by changing Sections 5 and 6 as follows:
 

 

 

10000SB0625sam001- 561 -LRB100 04131 SMS 22955 a

1    (420 ILCS 40/5)  (from Ch. 111 1/2, par. 210-5)
2    (Section scheduled to be repealed on January 1, 2021)
3    Sec. 5. Limitations on application of radiation to human
4beings and requirements for radiation installation operators
5providing mammography services.
6    (a) No person shall intentionally administer radiation to a
7human being unless such person is licensed to practice a
8treatment of human ailments by virtue of the Illinois Medical,
9Dental or Podiatric Medical Practice Acts, or, as physician
10assistant, advanced practice registered nurse, technician,
11nurse, or other assistant, is acting under the supervision,
12prescription or direction of such licensed person. However, no
13such physician assistant, advanced practice registered nurse,
14technician, nurse, or other assistant acting under the
15supervision of a person licensed under the Medical Practice Act
16of 1987, shall administer radiation to human beings unless
17accredited by the Agency, except that persons enrolled in a
18course of education approved by the Agency may apply ionizing
19radiation to human beings as required by their course of study
20when under the direct supervision of a person licensed under
21the Medical Practice Act of 1987. No person authorized by this
22Section to apply ionizing radiation shall apply such radiation
23except to those parts of the human body specified in the Act
24under which such person or his supervisor is licensed. No
25person may operate a radiation installation where ionizing

 

 

10000SB0625sam001- 562 -LRB100 04131 SMS 22955 a

1radiation is administered to human beings unless all persons
2who administer ionizing radiation in that radiation
3installation are licensed, accredited, or exempted in
4accordance with this Section. Nothing in this Section shall be
5deemed to relieve a person from complying with the provisions
6of Section 10.
7    (b) In addition, no person shall provide mammography
8services unless all of the following requirements are met:
9        (1) the mammography procedures are performed using a
10    radiation machine that is specifically designed for
11    mammography;
12        (2) the mammography procedures are performed using a
13    radiation machine that is used solely for performing
14    mammography procedures;
15        (3) the mammography procedures are performed using
16    equipment that has been subjected to a quality assurance
17    program that satisfies quality assurance requirements
18    which the Agency shall establish by rule;
19        (4) beginning one year after the effective date of this
20    amendatory Act of 1991, if the mammography procedure is
21    performed by a radiologic technologist, that technologist,
22    in addition to being accredited by the Agency to perform
23    radiography, has satisfied training requirements specific
24    to mammography, which the Agency shall establish by rule.
25    (c) Every operator of a radiation installation at which
26mammography services are provided shall ensure and have

 

 

10000SB0625sam001- 563 -LRB100 04131 SMS 22955 a

1confirmed by each mammography patient that the patient is
2provided with a pamphlet which is orally reviewed with the
3patient and which contains the following:
4        (1) how to perform breast self-examination;
5        (2) that early detection of breast cancer is maximized
6    through a combined approach, using monthly breast
7    self-examination, a thorough physical examination
8    performed by a physician, and mammography performed at
9    recommended intervals;
10        (3) that mammography is the most accurate method for
11    making an early detection of breast cancer, however, no
12    diagnostic tool is 100% effective;
13        (4) that if the patient is self-referred and does not
14    have a primary care physician, or if the patient is
15    unfamiliar with the breast examination procedures, that
16    the patient has received information regarding public
17    health services where she can obtain a breast examination
18    and instructions.
19(Source: P.A. 93-149, eff. 7-10-03; 94-104, eff. 7-1-05.)
 
20    (420 ILCS 40/6)  (from Ch. 111 1/2, par. 210-6)
21    (Section scheduled to be repealed on January 1, 2021)
22    Sec. 6. Accreditation of administrators of radiation;
23Limited scope accreditation; Rules and regulations; Education.
24    (a) The Agency shall promulgate such rules and regulations
25as are necessary to establish accreditation standards and

 

 

10000SB0625sam001- 564 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 565 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 566 -LRB100 04131 SMS 22955 a

1regard to protection of public health and safety. The
2examination shall consist of a standardized component covering
3general principles applicable to diagnostic radiography
4procedures and a clinical component specific to the types of
5procedures for which accreditation is being sought. The Agency
6may assess a reasonable fee for such examinations to cover the
7costs incurred by the Agency in conjunction with offering the
8examinations.
9    (d) The Agency shall by rule or regulation exempt from
10accreditation physician assistants, advanced practice
11registered nurses, nurses, technicians, or other assistants
12who administer radiation to human beings under supervision of a
13person licensed to practice under the Medical Practice Act of
141987 when the services are performed on employees of a business
15at a medical facility owned and operated by the business. Such
16exemption shall only apply to the equipment, procedures and
17supervision specific to the medical facility owned and operated
18by the business.
19(Source: P.A. 94-104, eff. 7-1-05; 95-777, eff. 8-4-08.)
 
20    Section 305. The Illinois Vehicle Code is amended by
21changing Sections 1-159.1, 3-609, 3-616, 6-103, 6-106.1,
226-106.1a, 6-901, 11-501.01, 11-501.2, 11-501.6, 11-501.8,
2311-1301.2, and 11-1301.5 as follows:
 
24    (625 ILCS 5/1-159.1)  (from Ch. 95 1/2, par. 1-159.1)

 

 

10000SB0625sam001- 567 -LRB100 04131 SMS 22955 a

1    Sec. 1-159.1. Person with disabilities. A natural person
2who, as determined by a licensed physician, by a licensed
3physician assistant, or by a licensed advanced practice
4registered nurse: (1) cannot walk without the use of, or
5assistance from, a brace, cane, crutch, another person,
6prosthetic device, wheelchair, or other assistive device; (2)
7is restricted by lung disease to such an extent that his or her
8forced (respiratory) expiratory volume for one second, when
9measured by spirometry, is less than one liter, or the arterial
10oxygen tension is less than 60 mm/hg on room air at rest; (3)
11uses portable oxygen; (4) has a cardiac condition to the extent
12that the person's functional limitations are classified in
13severity as Class III or Class IV, according to standards set
14by the American Heart Association; (5) is severely limited in
15the person's ability to walk due to an arthritic, neurological,
16oncological, or orthopedic condition; (6) cannot walk 200 feet
17without stopping to rest because of one of the above 5
18conditions; or (7) is missing a hand or arm or has permanently
19lost the use of a hand or arm.
20(Source: P.A. 98-405, eff. 1-1-14; 99-173, eff. 7-29-15.)
 
21    (625 ILCS 5/3-609)  (from Ch. 95 1/2, par. 3-609)
22    Sec. 3-609. Plates for Veterans with Disabilities.
23    (a) Any veteran who holds proof of a service-connected
24disability from the United States Department of Veterans
25Affairs, and who has obtained certification from a licensed

 

 

10000SB0625sam001- 568 -LRB100 04131 SMS 22955 a

1physician, physician assistant, or advanced practice
2registered nurse that the service-connected disability
3qualifies the veteran for issuance of registration plates or
4decals to a person with disabilities in accordance with Section
53-616, may, without the payment of any registration fee, make
6application to the Secretary of State for license plates for
7veterans with disabilities displaying the international symbol
8of access, for the registration of one motor vehicle of the
9first division or one motor vehicle of the second division
10weighing not more than 8,000 pounds.
11    (b) Any veteran who holds proof of a service-connected
12disability from the United States Department of Veterans
13Affairs, and whose degree of disability has been declared to be
1450% or more, but whose disability does not qualify the veteran
15for a plate or decal for persons with disabilities under
16Section 3-616, may, without the payment of any registration
17fee, make application to the Secretary for a special
18registration plate without the international symbol of access
19for the registration of one motor vehicle of the first division
20or one motor vehicle of the second division weighing not more
21than 8,000 pounds.
22    (c) Renewal of such registration must be accompanied with
23documentation for eligibility of registration without fee
24unless the applicant has a permanent qualifying disability, and
25such registration plates may not be issued to any person not
26eligible therefor. The Illinois Department of Veterans'

 

 

10000SB0625sam001- 569 -LRB100 04131 SMS 22955 a

1Affairs may assist in providing the documentation of
2disability.
3    (d) The design and color of the plates shall be within the
4discretion of the Secretary, except that the plates issued
5under subsection (b) of this Section shall not contain the
6international symbol of access. The Secretary may, in his or
7her discretion, allow the plates to be issued as vanity or
8personalized plates in accordance with Section 3-405.1 of this
9Code. Registration shall be for a multi-year period and may be
10issued staggered registration.
11    (e) Any person eligible to receive license plates under
12this Section who has been approved for benefits under the
13Senior Citizens and Persons with Disabilities Property Tax
14Relief Act, or who has claimed and received a grant under that
15Act, shall pay a fee of $24 instead of the fee otherwise
16provided in this Code for passenger cars displaying standard
17multi-year registration plates issued under Section 3-414.1,
18for motor vehicles registered at 8,000 pounds or less under
19Section 3-815(a), or for recreational vehicles registered at
208,000 pounds or less under Section 3-815(b), for a second set
21of plates under this Section.
22(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
 
23    (625 ILCS 5/3-616)  (from Ch. 95 1/2, par. 3-616)
24    Sec. 3-616. Disability license plates.
25    (a) Upon receiving an application for a certificate of

 

 

10000SB0625sam001- 570 -LRB100 04131 SMS 22955 a

1registration for a motor vehicle of the first division or for a
2motor vehicle of the second division weighing no more than
38,000 pounds, accompanied with payment of the registration fees
4required under this Code from a person with disabilities or a
5person who is deaf or hard of hearing, the Secretary of State,
6if so requested, shall issue to such person registration plates
7as provided for in Section 3-611, provided that the person with
8disabilities or person who is deaf or hard of hearing must not
9be disqualified from obtaining a driver's license under
10subsection 8 of Section 6-103 of this Code, and further
11provided that any person making such a request must submit a
12statement, certified by a licensed physician, by a licensed
13physician assistant, or by a licensed advanced practice
14registered nurse, to the effect that such person is a person
15with disabilities as defined by Section 1-159.1 of this Code,
16or alternatively provide adequate documentation that such
17person has a Class 1A, Class 2A or Type Four disability under
18the provisions of Section 4A of the Illinois Identification
19Card Act. For purposes of this Section, an Illinois Person with
20a Disability Identification Card issued pursuant to the
21Illinois Identification Card Act indicating that the person
22thereon named has a disability shall be adequate documentation
23of such a disability.
24    (b) The Secretary shall issue plates under this Section to
25a parent or legal guardian of a person with disabilities if the
26person with disabilities has a Class 1A or Class 2A disability

 

 

10000SB0625sam001- 571 -LRB100 04131 SMS 22955 a

1as defined in Section 4A of the Illinois Identification Card
2Act or is a person with disabilities as defined by Section
31-159.1 of this Code, and does not possess a vehicle registered
4in his or her name, provided that the person with disabilities
5relies frequently on the parent or legal guardian for
6transportation. Only one vehicle per family may be registered
7under this subsection, unless the applicant can justify in
8writing the need for one additional set of plates. Any person
9requesting special plates under this subsection shall submit
10such documentation or such physician's, physician assistant's,
11or advanced practice registered nurse's statement as is
12required in subsection (a) and a statement describing the
13circumstances qualifying for issuance of special plates under
14this subsection. An optometrist may certify a Class 2A Visual
15Disability, as defined in Section 4A of the Illinois
16Identification Card Act, for the purpose of qualifying a person
17with disabilities for special plates under this subsection.
18    (c) The Secretary may issue a parking decal or device to a
19person with disabilities as defined by Section 1-159.1 without
20regard to qualification of such person with disabilities for a
21driver's license or registration of a vehicle by such person
22with disabilities or such person's immediate family, provided
23such person with disabilities making such a request has been
24issued an Illinois Person with a Disability Identification Card
25indicating that the person named thereon has a Class 1A or
26Class 2A disability, or alternatively, submits a statement

 

 

10000SB0625sam001- 572 -LRB100 04131 SMS 22955 a

1certified by a licensed physician, or by a licensed physician
2assistant or a licensed advanced practice registered nurse as
3provided in subsection (a), to the effect that such person is a
4person with disabilities as defined by Section 1-159.1. An
5optometrist may certify a Class 2A Visual Disability as defined
6in Section 4A of the Illinois Identification Card Act for the
7purpose of qualifying a person with disabilities for a parking
8decal or device under this subsection.
9    (d) The Secretary shall prescribe by rules and regulations
10procedures to certify or re-certify as necessary the
11eligibility of persons whose disabilities are other than
12permanent for special plates or parking decals or devices
13issued under subsections (a), (b) and (c). Except as provided
14under subsection (f) of this Section, no such special plates,
15decals or devices shall be issued by the Secretary of State to
16or on behalf of any person with disabilities unless such person
17is certified as meeting the definition of a person with
18disabilities pursuant to Section 1-159.1 or meeting the
19requirement of a Type Four disability as provided under Section
204A of the Illinois Identification Card Act for the period of
21time that the physician, or the physician assistant or advanced
22practice registered nurse as provided in subsection (a),
23determines the applicant will have the disability, but not to
24exceed 6 months from the date of certification or
25recertification.
26    (e) Any person requesting special plates under this Section

 

 

10000SB0625sam001- 573 -LRB100 04131 SMS 22955 a

1may also apply to have the special plates personalized, as
2provided under Section 3-405.1.
3    (f) The Secretary of State, upon application, shall issue
4disability registration plates or a parking decal to
5corporations, school districts, State or municipal agencies,
6limited liability companies, nursing homes, convalescent
7homes, or special education cooperatives which will transport
8persons with disabilities. The Secretary shall prescribe by
9rule a means to certify or re-certify the eligibility of
10organizations to receive disability plates or decals and to
11designate which of the 2 person with disabilities emblems shall
12be placed on qualifying vehicles.
13    (g) The Secretary of State, or his designee, may enter into
14agreements with other jurisdictions, including foreign
15jurisdictions, on behalf of this State relating to the
16extension of parking privileges by such jurisdictions to
17residents of this State with disabilities who display a special
18license plate or parking device that contains the International
19symbol of access on his or her motor vehicle, and to recognize
20such plates or devices issued by such other jurisdictions. This
21State shall grant the same parking privileges which are granted
22to residents of this State with disabilities to any
23non-resident whose motor vehicle is licensed in another state,
24district, territory or foreign country if such vehicle displays
25the international symbol of access or a distinguishing insignia
26on license plates or parking device issued in accordance with

 

 

10000SB0625sam001- 574 -LRB100 04131 SMS 22955 a

1the laws of the non-resident's state, district, territory or
2foreign country.
3(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
499-642, eff. 7-28-16.)
 
5    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
6    Sec. 6-103. What persons shall not be licensed as drivers
7or granted permits. The Secretary of State shall not issue,
8renew, or allow the retention of any driver's license nor issue
9any permit under this Code:
10        1. To any person, as a driver, who is under the age of
11    18 years except as provided in Section 6-107, and except
12    that an instruction permit may be issued under Section
13    6-107.1 to a child who is not less than 15 years of age if
14    the child is enrolled in an approved driver education
15    course as defined in Section 1-103 of this Code and
16    requires an instruction permit to participate therein,
17    except that an instruction permit may be issued under the
18    provisions of Section 6-107.1 to a child who is 17 years
19    and 3 months of age without the child having enrolled in an
20    approved driver education course and except that an
21    instruction permit may be issued to a child who is at least
22    15 years and 3 months of age, is enrolled in school, meets
23    the educational requirements of the Driver Education Act,
24    and has passed examinations the Secretary of State in his
25    or her discretion may prescribe;

 

 

10000SB0625sam001- 575 -LRB100 04131 SMS 22955 a

1        1.5. To any person at least 18 years of age but less
2    than 21 years of age unless the person has, in addition to
3    any other requirements of this Code, successfully
4    completed an adult driver education course as provided in
5    Section 6-107.5 of this Code;
6        2. To any person who is under the age of 18 as an
7    operator of a motorcycle other than a motor driven cycle
8    unless the person has, in addition to meeting the
9    provisions of Section 6-107 of this Code, successfully
10    completed a motorcycle training course approved by the
11    Illinois Department of Transportation and successfully
12    completes the required Secretary of State's motorcycle
13    driver's examination;
14        3. To any person, as a driver, whose driver's license
15    or permit has been suspended, during the suspension, nor to
16    any person whose driver's license or permit has been
17    revoked, except as provided in Sections 6-205, 6-206, and
18    6-208;
19        4. To any person, as a driver, who is a user of alcohol
20    or any other drug to a degree that renders the person
21    incapable of safely driving a motor vehicle;
22        5. To any person, as a driver, who has previously been
23    adjudged to be afflicted with or suffering from any mental
24    or physical disability or disease and who has not at the
25    time of application been restored to competency by the
26    methods provided by law;

 

 

10000SB0625sam001- 576 -LRB100 04131 SMS 22955 a

1        6. To any person, as a driver, who is required by the
2    Secretary of State to submit an alcohol and drug evaluation
3    or take an examination provided for in this Code unless the
4    person has successfully passed the examination and
5    submitted any required evaluation;
6        7. To any person who is required under the provisions
7    of the laws of this State to deposit security or proof of
8    financial responsibility and who has not deposited the
9    security or proof;
10        8. To any person when the Secretary of State has good
11    cause to believe that the person by reason of physical or
12    mental disability would not be able to safely operate a
13    motor vehicle upon the highways, unless the person shall
14    furnish to the Secretary of State a verified written
15    statement, acceptable to the Secretary of State, from a
16    competent medical specialist, a licensed physician
17    assistant, or a licensed advanced practice registered
18    nurse, to the effect that the operation of a motor vehicle
19    by the person would not be inimical to the public safety;
20        9. To any person, as a driver, who is 69 years of age
21    or older, unless the person has successfully complied with
22    the provisions of Section 6-109;
23        10. To any person convicted, within 12 months of
24    application for a license, of any of the sexual offenses
25    enumerated in paragraph 2 of subsection (b) of Section
26    6-205;

 

 

10000SB0625sam001- 577 -LRB100 04131 SMS 22955 a

1        11. To any person who is under the age of 21 years with
2    a classification prohibited in paragraph (b) of Section
3    6-104 and to any person who is under the age of 18 years
4    with a classification prohibited in paragraph (c) of
5    Section 6-104;
6        12. To any person who has been either convicted of or
7    adjudicated under the Juvenile Court Act of 1987 based upon
8    a violation of the Cannabis Control Act, the Illinois
9    Controlled Substances Act, or the Methamphetamine Control
10    and Community Protection Act while that person was in
11    actual physical control of a motor vehicle. For purposes of
12    this Section, any person placed on probation under Section
13    10 of the Cannabis Control Act, Section 410 of the Illinois
14    Controlled Substances Act, or Section 70 of the
15    Methamphetamine Control and Community Protection Act shall
16    not be considered convicted. Any person found guilty of
17    this offense, while in actual physical control of a motor
18    vehicle, shall have an entry made in the court record by
19    the judge that this offense did occur while the person was
20    in actual physical control of a motor vehicle and order the
21    clerk of the court to report the violation to the Secretary
22    of State as such. The Secretary of State shall not issue a
23    new license or permit for a period of one year;
24        13. To any person who is under the age of 18 years and
25    who has committed the offense of operating a motor vehicle
26    without a valid license or permit in violation of Section

 

 

10000SB0625sam001- 578 -LRB100 04131 SMS 22955 a

1    6-101 or a similar out of state offense;
2        14. To any person who is 90 days or more delinquent in
3    court ordered child support payments or has been
4    adjudicated in arrears in an amount equal to 90 days'
5    obligation or more and who has been found in contempt of
6    court for failure to pay the support, subject to the
7    requirements and procedures of Article VII of Chapter 7 of
8    the Illinois Vehicle Code;
9        14.5. To any person certified by the Illinois
10    Department of Healthcare and Family Services as being 90
11    days or more delinquent in payment of support under an
12    order of support entered by a court or administrative body
13    of this or any other State, subject to the requirements and
14    procedures of Article VII of Chapter 7 of this Code
15    regarding those certifications;
16        15. To any person released from a term of imprisonment
17    for violating Section 9-3 of the Criminal Code of 1961 or
18    the Criminal Code of 2012, or a similar provision of a law
19    of another state relating to reckless homicide or for
20    violating subparagraph (F) of paragraph (1) of subsection
21    (d) of Section 11-501 of this Code relating to aggravated
22    driving under the influence of alcohol, other drug or
23    drugs, intoxicating compound or compounds, or any
24    combination thereof, if the violation was the proximate
25    cause of a death, within 24 months of release from a term
26    of imprisonment;

 

 

10000SB0625sam001- 579 -LRB100 04131 SMS 22955 a

1        16. To any person who, with intent to influence any act
2    related to the issuance of any driver's license or permit,
3    by an employee of the Secretary of State's Office, or the
4    owner or employee of any commercial driver training school
5    licensed by the Secretary of State, or any other individual
6    authorized by the laws of this State to give driving
7    instructions or administer all or part of a driver's
8    license examination, promises or tenders to that person any
9    property or personal advantage which that person is not
10    authorized by law to accept. Any persons promising or
11    tendering such property or personal advantage shall be
12    disqualified from holding any class of driver's license or
13    permit for 120 consecutive days. The Secretary of State
14    shall establish by rule the procedures for implementing
15    this period of disqualification and the procedures by which
16    persons so disqualified may obtain administrative review
17    of the decision to disqualify;
18        17. To any person for whom the Secretary of State
19    cannot verify the accuracy of any information or
20    documentation submitted in application for a driver's
21    license;
22        18. To any person who has been adjudicated under the
23    Juvenile Court Act of 1987 based upon an offense that is
24    determined by the court to have been committed in
25    furtherance of the criminal activities of an organized
26    gang, as provided in Section 5-710 of that Act, and that

 

 

10000SB0625sam001- 580 -LRB100 04131 SMS 22955 a

1    involved the operation or use of a motor vehicle or the use
2    of a driver's license or permit. The person shall be denied
3    a license or permit for the period determined by the court;
4    or
5        19. Beginning July 1, 2017, to any person who has been
6    issued an identification card under the Illinois
7    Identification Card Act. Any such person may, at his or her
8    discretion, surrender the identification card in order to
9    become eligible to obtain a driver's license.
10    The Secretary of State shall retain all conviction
11information, if the information is required to be held
12confidential under the Juvenile Court Act of 1987.
13(Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14;
1499-173, eff. 7-29-15; 99-511, eff. 1-1-17.)
 
15    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
16    Sec. 6-106.1. School bus driver permit.
17    (a) The Secretary of State shall issue a school bus driver
18permit to those applicants who have met all the requirements of
19the application and screening process under this Section to
20insure the welfare and safety of children who are transported
21on school buses throughout the State of Illinois. Applicants
22shall obtain the proper application required by the Secretary
23of State from their prospective or current employer and submit
24the completed application to the prospective or current
25employer along with the necessary fingerprint submission as

 

 

10000SB0625sam001- 581 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 582 -LRB100 04131 SMS 22955 a

1        1. be 21 years of age or older;
2        2. possess a valid and properly classified driver's
3    license issued by the Secretary of State;
4        3. possess a valid driver's license, which has not been
5    revoked, suspended, or canceled for 3 years immediately
6    prior to the date of application, or have not had his or
7    her commercial motor vehicle driving privileges
8    disqualified within the 3 years immediately prior to the
9    date of application;
10        4. successfully pass a written test, administered by
11    the Secretary of State, on school bus operation, school bus
12    safety, and special traffic laws relating to school buses
13    and submit to a review of the applicant's driving habits by
14    the Secretary of State at the time the written test is
15    given;
16        5. demonstrate ability to exercise reasonable care in
17    the operation of school buses in accordance with rules
18    promulgated by the Secretary of State;
19        6. demonstrate physical fitness to operate school
20    buses by submitting the results of a medical examination,
21    including tests for drug use for each applicant not subject
22    to such testing pursuant to federal law, conducted by a
23    licensed physician, a licensed advanced practice
24    registered nurse, or a licensed physician assistant within
25    90 days of the date of application according to standards
26    promulgated by the Secretary of State;

 

 

10000SB0625sam001- 583 -LRB100 04131 SMS 22955 a

1        7. affirm under penalties of perjury that he or she has
2    not made a false statement or knowingly concealed a
3    material fact in any application for permit;
4        8. have completed an initial classroom course,
5    including first aid procedures, in school bus driver safety
6    as promulgated by the Secretary of State; and after
7    satisfactory completion of said initial course an annual
8    refresher course; such courses and the agency or
9    organization conducting such courses shall be approved by
10    the Secretary of State; failure to complete the annual
11    refresher course, shall result in cancellation of the
12    permit until such course is completed;
13        9. not have been under an order of court supervision
14    for or convicted of 2 or more serious traffic offenses, as
15    defined by rule, within one year prior to the date of
16    application that may endanger the life or safety of any of
17    the driver's passengers within the duration of the permit
18    period;
19        10. not have been under an order of court supervision
20    for or convicted of reckless driving, aggravated reckless
21    driving, driving while under the influence of alcohol,
22    other drug or drugs, intoxicating compound or compounds or
23    any combination thereof, or reckless homicide resulting
24    from the operation of a motor vehicle within 3 years of the
25    date of application;
26        11. not have been convicted of committing or attempting

 

 

10000SB0625sam001- 584 -LRB100 04131 SMS 22955 a

1    to commit any one or more of the following offenses: (i)
2    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
3    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
4    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
5    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
6    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
7    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
8    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
9    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
10    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
11    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
12    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
13    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
14    12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
15    18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
16    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
17    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
18    31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
19    8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
20    (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
21    in subsection (a) and subsection (b), clause (1), of
22    Section 12-4, and in subsection (A), clauses (a) and (b),
23    of Section 24-3, and those offenses contained in Article
24    29D of the Criminal Code of 1961 or the Criminal Code of
25    2012; (ii) those offenses defined in the Cannabis Control
26    Act except those offenses defined in subsections (a) and

 

 

10000SB0625sam001- 585 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 586 -LRB100 04131 SMS 22955 a

1    be afflicted with or suffering from any mental disability
2    or disease; and
3        15. consent, in writing, to the release of results of
4    reasonable suspicion drug and alcohol testing under
5    Section 6-106.1c of this Code by the employer of the
6    applicant to the Secretary of State.
7    (b) A school bus driver permit shall be valid for a period
8specified by the Secretary of State as set forth by rule. It
9shall be renewable upon compliance with subsection (a) of this
10Section.
11    (c) A school bus driver permit shall contain the holder's
12driver's license number, legal name, residence address, zip
13code, and date of birth, a brief description of the holder and
14a space for signature. The Secretary of State may require a
15suitable photograph of the holder.
16    (d) The employer shall be responsible for conducting a
17pre-employment interview with prospective school bus driver
18candidates, distributing school bus driver applications and
19medical forms to be completed by the applicant, and submitting
20the applicant's fingerprint cards to the Department of State
21Police that are required for the criminal background
22investigations. The employer shall certify in writing to the
23Secretary of State that all pre-employment conditions have been
24successfully completed including the successful completion of
25an Illinois specific criminal background investigation through
26the Department of State Police and the submission of necessary

 

 

10000SB0625sam001- 587 -LRB100 04131 SMS 22955 a

1fingerprints to the Federal Bureau of Investigation for
2criminal history information available through the Federal
3Bureau of Investigation system. The applicant shall present the
4certification to the Secretary of State at the time of
5submitting the school bus driver permit application.
6    (e) Permits shall initially be provisional upon receiving
7certification from the employer that all pre-employment
8conditions have been successfully completed, and upon
9successful completion of all training and examination
10requirements for the classification of the vehicle to be
11operated, the Secretary of State shall provisionally issue a
12School Bus Driver Permit. The permit shall remain in a
13provisional status pending the completion of the Federal Bureau
14of Investigation's criminal background investigation based
15upon fingerprinting specimens submitted to the Federal Bureau
16of Investigation by the Department of State Police. The Federal
17Bureau of Investigation shall report the findings directly to
18the Secretary of State. The Secretary of State shall remove the
19bus driver permit from provisional status upon the applicant's
20successful completion of the Federal Bureau of Investigation's
21criminal background investigation.
22    (f) A school bus driver permit holder shall notify the
23employer and the Secretary of State if he or she is issued an
24order of court supervision for or convicted in another state of
25an offense that would make him or her ineligible for a permit
26under subsection (a) of this Section. The written notification

 

 

10000SB0625sam001- 588 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 589 -LRB100 04131 SMS 22955 a

1    receiving notice that the holder has failed to obtain a
2    negative result on a drug test as required in item 6 of
3    subsection (a) of this Section or under federal law.
4        (6) The Secretary of State shall suspend a school bus
5    driver permit for a period of 3 years upon receiving notice
6    from the employer that the holder failed to perform the
7    inspection procedure set forth in subsection (a) or (b) of
8    Section 12-816 of this Code.
9        (7) 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 refused to submit to an
12    alcohol or drug test as required by Section 6-106.1c or has
13    submitted to a test required by that Section which
14    disclosed an alcohol concentration of more than 0.00 or
15    disclosed a positive result on a National Institute on Drug
16    Abuse five-drug panel, utilizing federal standards set
17    forth in 49 CFR 40.87.
18    The Secretary of State shall notify the State
19Superintendent of Education and the permit holder's
20prospective or current employer that the applicant has (1) has
21failed a criminal background investigation or (2) is no longer
22eligible for a school bus driver permit; and of the related
23cancellation of the applicant's provisional school bus driver
24permit. The cancellation shall remain in effect pending the
25outcome of a hearing pursuant to Section 2-118 of this Code.
26The scope of the hearing shall be limited to the issuance

 

 

10000SB0625sam001- 590 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 591 -LRB100 04131 SMS 22955 a

1shall not characterize the permit as invalid.
2    (i) A school bus driver permit holder who is a service
3member returning from active duty must, within 90 days, renew a
4permit characterized as inactive pursuant to subsection (h) of
5this Section by complying with the renewal requirements of
6subsection (b) of this Section.
7    (j) For purposes of subsections (h) and (i) of this
8Section:
9    "Active duty" means active duty pursuant to an executive
10order of the President of the United States, an act of the
11Congress of the United States, or an order of the Governor.
12    "Service member" means a member of the Armed Services or
13reserve forces of the United States or a member of the Illinois
14National Guard.
15    (k) A private carrier employer of a school bus driver
16permit holder, having satisfied the employer requirements of
17this Section, shall be held to a standard of ordinary care for
18intentional acts committed in the course of employment by the
19bus driver permit holder. This subsection (k) shall in no way
20limit the liability of the private carrier employer for
21violation of any provision of this Section or for the negligent
22hiring or retention of a school bus driver permit holder.
23(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;
2499-642, eff. 7-28-16.)
 
25    (625 ILCS 5/6-106.1a)

 

 

10000SB0625sam001- 592 -LRB100 04131 SMS 22955 a

1    Sec. 6-106.1a. Cancellation of school bus driver permit;
2trace of alcohol.
3    (a) A person who has been issued a school bus driver permit
4by the Secretary of State in accordance with Section 6-106.1 of
5this Code and who drives or is in actual physical control of a
6school bus or any other vehicle owned or operated by or for a
7public or private school, or a school operated by a religious
8institution, when the vehicle is being used over a regularly
9scheduled route for the transportation of persons enrolled as
10students in grade 12 or below, in connection with any activity
11of the entities listed, upon the public highways of this State
12shall be deemed to have given consent to a chemical test or
13tests of blood, breath, other bodily substance, or urine for
14the purpose of determining the alcohol content of the person's
15blood if arrested, as evidenced by the issuance of a Uniform
16Traffic Ticket for any violation of this Code or a similar
17provision of a local ordinance, if a police officer has
18probable cause to believe that the driver has consumed any
19amount of an alcoholic beverage based upon evidence of the
20driver's physical condition or other first hand knowledge of
21the police officer. The test or tests shall be administered at
22the direction of the arresting officer. The law enforcement
23agency employing the officer shall designate which of the
24aforesaid tests shall be administered. A urine or other bodily
25substance test may be administered even after a blood or breath
26test or both has been administered.

 

 

10000SB0625sam001- 593 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 594 -LRB100 04131 SMS 22955 a

1    blood for the purpose of determining the alcohol content.
2    This limitation does not apply to the taking of breath,
3    other bodily substance, or urine specimens.
4        (3) The person tested may have a physician, qualified
5    technician, chemist, registered nurse, or other qualified
6    person of his or her own choosing administer a chemical
7    test or tests in addition to any test or tests administered
8    at the direction of a law enforcement officer. The test
9    administered at the request of the person may be admissible
10    into evidence at a hearing conducted in accordance with
11    Section 2-118 of this Code. The failure or inability to
12    obtain an additional test by a person shall not preclude
13    the consideration of the previously performed chemical
14    test.
15        (4) Upon a request of the person who submits to a
16    chemical test or tests at the request of a law enforcement
17    officer, full information concerning the test or tests
18    shall be made available to the person or that person's
19    attorney by the requesting law enforcement agency within 72
20    hours of receipt of the test result.
21        (5) Alcohol concentration means either grams of
22    alcohol per 100 milliliters of blood or grams of alcohol
23    per 210 liters of breath.
24        (6) If a driver is receiving medical treatment as a
25    result of a motor vehicle accident, a physician licensed to
26    practice medicine, licensed physician assistant, licensed

 

 

10000SB0625sam001- 595 -LRB100 04131 SMS 22955 a

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

 

 

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1discloses an alcohol concentration of more than 0.00, the law
2enforcement officer shall immediately submit a sworn report to
3the Secretary of State on a form prescribed by the Secretary of
4State certifying that the test or tests were requested under
5subsection (a) and the person refused to submit to a test or
6tests or submitted to testing which disclosed an alcohol
7concentration of more than 0.00. The law enforcement officer
8shall submit the same sworn report when a person who has been
9issued a school bus driver permit and who was operating 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, submits to testing under Section
1611-501.1 of this Code and the testing discloses an alcohol
17concentration of more than 0.00 and less than the alcohol
18concentration at which driving or being in actual physical
19control of a motor vehicle is prohibited under paragraph (1) of
20subsection (a) of Section 11-501.
21    Upon receipt of the sworn report of a law enforcement
22officer, the Secretary of State shall enter the school bus
23driver permit sanction on the individual's driving record and
24the sanction shall be effective on the 46th day following the
25date notice of the sanction was given to the person.
26    The law enforcement officer submitting the sworn report

 

 

10000SB0625sam001- 597 -LRB100 04131 SMS 22955 a

1shall serve immediate notice of this school bus driver permit
2sanction on the person and the sanction shall be effective on
3the 46th day following the date notice was given.
4    In cases where the blood alcohol concentration of more than
50.00 is established by a subsequent analysis of blood, other
6bodily substance, or urine, the police officer or arresting
7agency shall give notice as provided in this Section or by
8deposit in the United States mail of that notice in an envelope
9with postage prepaid and addressed to that person at his or her
10last known address and the loss of the school bus driver permit
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 of State shall also give notice of the
15school bus driver permit sanction to the driver and the
16driver's current employer by mailing a notice of the effective
17date of the sanction to the individual. However, shall the
18sworn report be defective by not containing sufficient
19information or be completed in error, the notice of the school
20bus driver permit sanction may not be mailed to the person or
21his current employer or entered to the driving record, but
22rather the sworn report shall be returned to the issuing law
23enforcement agency.
24    (e) A driver may contest this school bus driver permit
25sanction by requesting an administrative hearing with the
26Secretary of State in accordance with Section 2-118 of this

 

 

10000SB0625sam001- 598 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 599 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 600 -LRB100 04131 SMS 22955 a

1    The Secretary of State may adopt administrative rules
2setting forth circumstances under which the holder of a school
3bus driver permit is not required to appear in person at the
4hearing.
5    Provided that the petitioner may subpoena the officer, the
6hearing may be conducted upon a review of the law enforcement
7officer's own official reports. Failure of the officer to
8answer the subpoena shall be grounds for a continuance if, in
9the hearing officer's discretion, the continuance is
10appropriate. At the conclusion of the hearing held under
11Section 2-118 of this Code, the Secretary of State may rescind,
12continue, or modify the school bus driver permit sanction.
13    (f) The results of any chemical testing performed in
14accordance with subsection (a) of this Section are not
15admissible in any civil or criminal proceeding, except that the
16results of the testing may be considered at a hearing held
17under Section 2-118 of this Code. However, the results of the
18testing may not be used to impose driver's license sanctions
19under Section 11-501.1 of this Code. A law enforcement officer
20may, however, pursue a statutory summary suspension or
21revocation of driving privileges under Section 11-501.1 of this
22Code if other physical evidence or first hand knowledge forms
23the basis of that suspension or revocation.
24    (g) This Section applies only to drivers who have been
25issued a school bus driver permit in accordance with Section
266-106.1 of this Code at the time of the issuance of the Uniform

 

 

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1Traffic Ticket for a violation of this Code or a similar
2provision of a local ordinance, and a chemical test request is
3made under this Section.
4    (h) The action of the Secretary of State in suspending,
5revoking, canceling, or denying any license, permit,
6registration, or certificate of title shall be subject to
7judicial review in the Circuit Court of Sangamon County or in
8the Circuit Court of Cook County, and the provisions of the
9Administrative Review Law and its rules are hereby adopted and
10shall apply to and govern every action for the judicial review
11of final acts or decisions of the Secretary of State under this
12Section.
13(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
 
14    (625 ILCS 5/6-901)  (from Ch. 95 1/2, par. 6-901)
15    Sec. 6-901. Definitions. For the purposes of this Article:
16    "Board" means the Driver's License Medical Advisory Board.
17    "Medical examiner" or "medical practitioner" means:
18        (i) any person licensed to practice medicine in all its
19    branches in the State of Illinois or any other state;
20        (ii) a licensed physician assistant; or
21        (iii) a licensed advanced practice registered nurse.
22(Source: P.A. 99-173, eff. 7-29-15.)
 
23    (625 ILCS 5/11-501.01)
24    Sec. 11-501.01. Additional administrative sanctions.

 

 

10000SB0625sam001- 602 -LRB100 04131 SMS 22955 a

1    (a) After a finding of guilt and prior to any final
2sentencing or an order for supervision, for an offense based
3upon an arrest for a violation of Section 11-501 or a similar
4provision of a local ordinance, individuals shall be required
5to undergo a professional evaluation to determine if an
6alcohol, drug, or intoxicating compound abuse problem exists
7and the extent of the problem, and undergo the imposition of
8treatment as appropriate. Programs conducting these
9evaluations shall be licensed by the Department of Human
10Services. The cost of any professional evaluation shall be paid
11for by the individual required to undergo the professional
12evaluation.
13    (b) Any person who is found guilty of or pleads guilty to
14violating Section 11-501, including any person receiving a
15disposition of court supervision for violating that Section,
16may be required by the Court to attend a victim impact panel
17offered by, or under contract with, a county State's Attorney's
18office, a probation and court services department, Mothers
19Against Drunk Driving, or the Alliance Against Intoxicated
20Motorists. All costs generated by the victim impact panel shall
21be paid from fees collected from the offender or as may be
22determined by the court.
23    (c) Every person found guilty of violating Section 11-501,
24whose operation of a motor vehicle while in violation of that
25Section proximately caused any incident resulting in an
26appropriate emergency response, shall be liable for the expense

 

 

10000SB0625sam001- 603 -LRB100 04131 SMS 22955 a

1of an emergency response as provided in subsection (i) of this
2Section.
3    (d) The Secretary of State shall revoke the driving
4privileges of any person convicted under Section 11-501 or a
5similar provision of a local ordinance.
6    (e) The Secretary of State shall require the use of
7ignition interlock devices for a period not less than 5 years
8on all vehicles owned by a person who has been convicted of a
9second or subsequent offense of Section 11-501 or a similar
10provision of a local ordinance. The person must pay to the
11Secretary of State DUI Administration Fund an amount not to
12exceed $30 for each month that he or she uses the device. The
13Secretary shall establish by rule and regulation the procedures
14for certification and use of the interlock system, the amount
15of the fee, and the procedures, terms, and conditions relating
16to these fees. During the time period in which a person is
17required to install an ignition interlock device under this
18subsection (e), that person shall only operate vehicles in
19which ignition interlock devices have been installed, except as
20allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
21this Code.
22    (f) In addition to any other penalties and liabilities, a
23person who is found guilty of or pleads guilty to violating
24Section 11-501, including any person placed on court
25supervision for violating Section 11-501, shall be assessed
26$750, payable to the circuit clerk, who shall distribute the

 

 

10000SB0625sam001- 604 -LRB100 04131 SMS 22955 a

1money as follows: $350 to the law enforcement agency that made
2the arrest, and $400 shall be forwarded to the State Treasurer
3for deposit into the General Revenue Fund. If the person has
4been previously convicted of violating Section 11-501 or a
5similar provision of a local ordinance, the fine shall be
6$1,000, and the circuit clerk shall distribute $200 to the law
7enforcement agency that made the arrest and $800 to the State
8Treasurer for deposit into the General Revenue Fund. In the
9event that more than one agency is responsible for the arrest,
10the amount payable to law enforcement agencies shall be shared
11equally. Any moneys received by a law enforcement agency under
12this subsection (f) shall be used for enforcement and
13prevention 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 that will 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. Any moneys received
24by the Department of State Police under this subsection (f)
25shall be deposited into the State Police DUI Fund and shall be
26used to purchase law enforcement equipment that will assist in

 

 

10000SB0625sam001- 605 -LRB100 04131 SMS 22955 a

1the prevention of alcohol related criminal violence throughout
2the State.
3    (g) The Secretary of State Police DUI Fund is created as a
4special fund in the State treasury. All moneys received by the
5Secretary of State Police under subsection (f) of this Section
6shall be deposited into the Secretary of State Police DUI Fund
7and, subject to appropriation, shall be used for enforcement
8and prevention of driving while under the influence of alcohol,
9other drug or drugs, intoxicating compound or compounds or any
10combination thereof, as defined by Section 11-501 of this Code,
11including but not limited to the purchase of law enforcement
12equipment and commodities to assist in the prevention of
13alcohol related criminal violence throughout the State; police
14officer training and education in areas related to alcohol
15related crime, including but not limited to DUI training; and
16police officer salaries, including but not limited to salaries
17for hire back funding for safety checkpoints, saturation
18patrols, and liquor store sting operations.
19    (h) Whenever an individual is sentenced for an offense
20based upon an arrest for a violation of Section 11-501 or a
21similar provision of a local ordinance, and the professional
22evaluation recommends remedial or rehabilitative treatment or
23education, neither the treatment nor the education shall be the
24sole disposition and either or both may be imposed only in
25conjunction with another disposition. The court shall monitor
26compliance with any remedial education or treatment

 

 

10000SB0625sam001- 606 -LRB100 04131 SMS 22955 a

1recommendations contained in the professional evaluation.
2Programs conducting alcohol or other drug evaluation or
3remedial education must be licensed by the Department of Human
4Services. If the individual is not a resident of Illinois,
5however, the court may accept an alcohol or other drug
6evaluation or remedial education program in the individual's
7state of residence. Programs providing treatment must be
8licensed under existing applicable alcoholism and drug
9treatment licensure standards.
10    (i) In addition to any other fine or penalty required by
11law, an individual convicted of a violation of Section 11-501,
12Section 5-7 of the Snowmobile Registration and Safety Act,
13Section 5-16 of the Boat Registration and Safety Act, or a
14similar provision, whose operation of a motor vehicle,
15snowmobile, or watercraft while in violation of Section 11-501,
16Section 5-7 of the Snowmobile Registration and Safety Act,
17Section 5-16 of the Boat Registration and Safety Act, or a
18similar provision proximately caused an incident resulting in
19an appropriate emergency response, shall be required to make
20restitution to a public agency for the costs of that emergency
21response. The restitution may not exceed $1,000 per public
22agency for each emergency response. As used in this subsection
23(i), "emergency response" means any incident requiring a
24response by a police officer, a firefighter carried on the
25rolls of a regularly constituted fire department, or an
26ambulance. With respect to funds designated for the Department

 

 

10000SB0625sam001- 607 -LRB100 04131 SMS 22955 a

1of State Police, the moneys shall be remitted by the circuit
2court clerk to the State Police within one month after receipt
3for deposit into the State Police DUI Fund. With respect to
4funds designated for the Department of Natural Resources, the
5Department of Natural Resources shall deposit the moneys into
6the Conservation Police Operations Assistance Fund.
7    (j) A person that is subject to a chemical test or tests of
8blood under subsection (a) of Section 11-501.1 or subdivision
9(c)(2) of Section 11-501.2 of this Code, whether or not that
10person consents to testing, shall be liable for the expense up
11to $500 for blood withdrawal by a physician authorized to
12practice medicine, a licensed physician assistant, a licensed
13advanced practice registered nurse, a registered nurse, a
14trained phlebotomist, a licensed paramedic, or a qualified
15person other than a police officer approved by the Department
16of State Police to withdraw blood, who responds, whether at a
17law enforcement facility or a health care facility, to a police
18department request for the drawing of blood based upon refusal
19of the person to submit to a lawfully requested breath test or
20probable cause exists to believe the test would disclose the
21ingestion, consumption, or use of drugs or intoxicating
22compounds if:
23        (1) the person is found guilty of violating Section
24    11-501 of this Code or a similar provision of a local
25    ordinance; or
26        (2) the person pleads guilty to or stipulates to facts

 

 

10000SB0625sam001- 608 -LRB100 04131 SMS 22955 a

1    supporting a violation of Section 11-503 of this Code or a
2    similar provision of a local ordinance when the plea or
3    stipulation was the result of a plea agreement in which the
4    person was originally charged with violating Section
5    11-501 of this Code or a similar local ordinance.
6(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13;
798-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;
899-642, eff. 7-28-16.)
 
9    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
10    Sec. 11-501.2. Chemical and other tests.
11    (a) Upon the trial of any civil or criminal action or
12proceeding arising out of an arrest for an offense as defined
13in Section 11-501 or a similar local ordinance or proceedings
14pursuant to Section 2-118.1, evidence of the concentration of
15alcohol, other drug or drugs, or intoxicating compound or
16compounds, or any combination thereof in a person's blood or
17breath at the time alleged, as determined by analysis of the
18person's blood, urine, breath, or other bodily substance, shall
19be admissible. Where such test is made the following provisions
20shall apply:
21        1. Chemical analyses of the person's blood, urine,
22    breath, or other bodily substance to be considered valid
23    under the provisions of this Section shall have been
24    performed according to standards promulgated by the
25    Department of State Police by a licensed physician,

 

 

10000SB0625sam001- 609 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 610 -LRB100 04131 SMS 22955 a

1    withdrawn only by a physician authorized to practice
2    medicine in the adjoining state, a licensed physician
3    assistant, a licensed advanced practice registered nurse,
4    a registered nurse, a trained phlebotomist acting under the
5    direction of the physician, or licensed paramedic. The law
6    enforcement officer requesting the test shall take custody
7    of the blood sample, and the blood sample shall be analyzed
8    by a laboratory certified by the Department of State Police
9    for that purpose.
10        3. The person tested may have a physician, or a
11    qualified technician, chemist, registered nurse, or other
12    qualified person of their own choosing administer a
13    chemical test or tests in addition to any administered at
14    the direction of a law enforcement officer. The failure or
15    inability to obtain an additional test by a person shall
16    not preclude the admission of evidence relating to the test
17    or tests taken at the direction of a law enforcement
18    officer.
19        4. Upon the request of the person who shall submit to a
20    chemical test or tests at the request of a law enforcement
21    officer, full information concerning the test or tests
22    shall be made available to the person or such person's
23    attorney.
24        5. Alcohol concentration shall mean either grams of
25    alcohol per 100 milliliters of blood or grams of alcohol
26    per 210 liters of breath.

 

 

10000SB0625sam001- 611 -LRB100 04131 SMS 22955 a

1        6. Tetrahydrocannabinol concentration means either 5
2    nanograms or more of delta-9-tetrahydrocannabinol per
3    milliliter of whole blood or 10 nanograms or more of
4    delta-9-tetrahydrocannabinol per milliliter of other
5    bodily substance.
6    (a-5) Law enforcement officials may use standardized field
7sobriety tests approved by the National Highway Traffic Safety
8Administration when conducting investigations of a violation
9of Section 11-501 or similar local ordinance by drivers
10suspected of driving under the influence of cannabis. The
11General Assembly finds that standardized field sobriety tests
12approved by the National Highway Traffic Safety Administration
13are divided attention tasks that are intended to determine if a
14person is under the influence of cannabis. The purpose of these
15tests is to determine the effect of the use of cannabis on a
16person's capacity to think and act with ordinary care and
17therefore operate a motor vehicle safely. Therefore, the
18results of these standardized field sobriety tests,
19appropriately administered, shall be admissible in the trial of
20any civil or criminal action or proceeding arising out of an
21arrest for a cannabis-related offense as defined in Section
2211-501 or a similar local ordinance or proceedings under
23Section 2-118.1 or 2-118.2. Where a test is made the following
24provisions shall apply:
25        1. The person tested may have a physician, or a
26    qualified technician, chemist, registered nurse, or other

 

 

10000SB0625sam001- 612 -LRB100 04131 SMS 22955 a

1    qualified person of their own choosing administer a
2    chemical test or tests in addition to the standardized
3    field sobriety test or tests administered at the direction
4    of a law enforcement officer. The failure or inability to
5    obtain an additional test by a person does not preclude the
6    admission of evidence relating to the test or tests taken
7    at the direction of a law enforcement officer.
8        2. Upon the request of the person who shall submit to a
9    standardized field sobriety test or tests at the request of
10    a law enforcement officer, full information concerning the
11    test or tests shall be made available to the person or the
12    person's attorney.
13        3. At the trial of any civil or criminal action or
14    proceeding arising out of an arrest for an offense as
15    defined in Section 11-501 or a similar local ordinance or
16    proceedings under Section 2-118.1 or 2-118.2 in which the
17    results of these standardized field sobriety tests are
18    admitted, the cardholder may present and the trier of fact
19    may consider evidence that the card holder lacked the
20    physical capacity to perform the standardized field
21    sobriety tests.
22    (b) Upon the trial of any civil or criminal action or
23proceeding arising out of acts alleged to have been committed
24by any person while driving or in actual physical control of a
25vehicle while under the influence of alcohol, the concentration
26of alcohol in the person's blood or breath at the time alleged

 

 

10000SB0625sam001- 613 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 614 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 615 -LRB100 04131 SMS 22955 a

1probable cause to believe that a motor vehicle driven by or in
2actual physical control of a person under the influence of
3alcohol, other drug or drugs, or intoxicating compound or
4compounds, or any combination thereof has caused the death or
5personal injury to another, the law enforcement officer shall
6request, and that person shall submit, upon the request of a
7law enforcement officer, to a chemical test or tests of his or
8her blood, breath, other bodily substance, or urine for the
9purpose of determining the alcohol content thereof or the
10presence of any other drug or combination of both.
11    This provision does not affect the applicability of or
12imposition of driver's license sanctions under Section
1311-501.1 of this Code.
14    3. For purposes of this Section, a personal injury includes
15any Type A injury as indicated on the traffic accident report
16completed by a law enforcement officer that requires immediate
17professional attention in either a doctor's office or a medical
18facility. A Type A injury includes severe bleeding wounds,
19distorted extremities, and injuries that require the injured
20party to be carried from the scene.
21    (d) If a person refuses standardized field sobriety tests
22under Section 11-501.9 of this Code, evidence of refusal shall
23be admissible in any civil or criminal action or proceeding
24arising out of acts committed while the person was driving or
25in actual physical control of a vehicle and alleged to have
26been impaired by the use of cannabis.

 

 

10000SB0625sam001- 616 -LRB100 04131 SMS 22955 a

1    (e) Department of State Police compliance with the changes
2in this amendatory Act of the 99th General Assembly concerning
3testing of other bodily substances and tetrahydrocannabinol
4concentration by Department of State Police laboratories is
5subject to appropriation and until the Department of State
6Police adopt standards and completion validation. Any
7laboratories that test for the presence of cannabis or other
8drugs under this Article, the Snowmobile Registration and
9Safety Act, or the Boat Registration and Safety Act must comply
10with ISO/IEC 17025:2005.
11(Source: P.A. 98-122, eff. 1-1-14; 98-973, eff. 8-15-14;
1298-1172, eff. 1-12-15; 99-697, eff. 7-29-16.)
 
13    (625 ILCS 5/11-501.6)  (from Ch. 95 1/2, par. 11-501.6)
14    Sec. 11-501.6. Driver involvement in personal injury or
15fatal motor vehicle accident; chemical test.
16    (a) Any person who drives or is in actual control of a
17motor vehicle upon the public highways of this State and who
18has been involved in a personal injury or fatal motor vehicle
19accident, shall be deemed to have given consent to a breath
20test using a portable device as approved by the Department of
21State Police or to a chemical test or tests of blood, breath,
22other bodily substance, or urine for the purpose of determining
23the content of alcohol, other drug or drugs, or intoxicating
24compound or compounds of such person's blood if arrested as
25evidenced by the issuance of a Uniform Traffic Ticket for any

 

 

10000SB0625sam001- 617 -LRB100 04131 SMS 22955 a

1violation of the Illinois Vehicle Code or a similar provision
2of a local ordinance, with the exception of equipment
3violations contained in Chapter 12 of this Code, or similar
4provisions of local ordinances. The test or tests shall be
5administered at the direction of the arresting officer. The law
6enforcement agency employing the officer shall designate which
7of the aforesaid tests shall be administered. Up to 2
8additional tests of urine or other bodily substance may be
9administered even after a blood or breath test or both has been
10administered. Compliance with this Section does not relieve
11such person from the requirements of Section 11-501.1 of this
12Code.
13    (b) Any person who is dead, unconscious or who is otherwise
14in a condition rendering such person incapable of refusal shall
15be deemed not to have withdrawn the consent provided by
16subsection (a) of this Section. In addition, if a driver of a
17vehicle is receiving medical treatment as a result of a motor
18vehicle accident, any physician licensed to practice medicine,
19licensed physician assistant, licensed advanced practice
20registered nurse, registered nurse or a phlebotomist acting
21under the direction of a licensed physician shall withdraw
22blood for testing purposes to ascertain the presence of
23alcohol, other drug or drugs, or intoxicating compound or
24compounds, upon the specific request of a law enforcement
25officer. However, no such testing shall be performed until, in
26the opinion of the medical personnel on scene, the withdrawal

 

 

10000SB0625sam001- 618 -LRB100 04131 SMS 22955 a

1can be made without interfering with or endangering the
2well-being of the patient.
3    (c) A person requested to submit to a test as provided
4above shall be warned by the law enforcement officer requesting
5the test that a refusal to submit to the test, or submission to
6the test resulting in an alcohol concentration of 0.08 or more,
7or testing discloses the presence of cannabis as listed in the
8Cannabis Control Act with a tetrahydrocannabinol concentration
9as defined in paragraph 6 of subsection (a) of Section 11-501.2
10of this Code, or any amount of a drug, substance, or
11intoxicating compound resulting from the unlawful use or
12consumption of a controlled substance listed in the Illinois
13Controlled Substances Act, an intoxicating compound listed in
14the Use of Intoxicating Compounds Act, or methamphetamine as
15listed in the Methamphetamine Control and Community Protection
16Act as detected in such person's blood, other bodily substance,
17or urine, may result in the suspension of such person's
18privilege to operate a motor vehicle. If the person is also a
19CDL holder, he or she shall be warned by the law enforcement
20officer requesting the test that a refusal to submit to the
21test, or submission to the test resulting in an alcohol
22concentration of 0.08 or more, or any amount of a drug,
23substance, or intoxicating compound resulting from the
24unlawful use or consumption of cannabis, as covered by the
25Cannabis Control Act, a controlled substance listed in the
26Illinois Controlled Substances Act, an intoxicating compound

 

 

10000SB0625sam001- 619 -LRB100 04131 SMS 22955 a

1listed in the Use of Intoxicating Compounds Act, or
2methamphetamine as listed in the Methamphetamine Control and
3Community Protection Act as detected in the person's blood,
4other bodily substance, or urine, may result in the
5disqualification of the person's privilege to operate a
6commercial motor vehicle, as provided in Section 6-514 of this
7Code. The length of the suspension shall be the same as
8outlined in Section 6-208.1 of this Code regarding statutory
9summary suspensions.
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
18which discloses an alcohol concentration of 0.08 or more, the
19presence of cannabis as listed in the Cannabis Control Act with
20a tetrahydrocannabinol concentration as defined in paragraph 6
21of subsection (a) of Section 11-501.2 of this Code, or any
22amount of a drug, substance, or intoxicating compound in such
23person's blood or urine resulting from the unlawful use or
24consumption of a controlled substance listed in the Illinois
25Controlled Substances Act, an intoxicating compound listed in
26the Use of Intoxicating Compounds Act, or methamphetamine as

 

 

10000SB0625sam001- 620 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 621 -LRB100 04131 SMS 22955 a

1enforcement officer shall immediately submit a sworn report to
2the Secretary of State on a form prescribed by the Secretary,
3certifying that the test or tests were requested under
4subsection (a) and the person refused to submit to a test or
5tests or submitted to testing which disclosed an alcohol
6concentration of 0.08 or more, or any amount of a drug,
7substance, or intoxicating compound in such 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.
14    Upon receipt of the sworn report of a law enforcement
15officer, the Secretary shall enter the suspension and
16disqualification to the individual's driving record and the
17suspension and disqualification shall be effective on the 46th
18day following the date notice of the suspension was given to
19the person.
20    The law enforcement officer submitting the sworn report
21shall serve immediate notice of this suspension on the person
22and such suspension and disqualification shall be effective on
23the 46th day following the date notice was given.
24    In cases involving a person who is not a CDL holder where
25the blood alcohol concentration of 0.08 or more, or blood
26testing discloses the presence of cannabis as listed in the

 

 

10000SB0625sam001- 622 -LRB100 04131 SMS 22955 a

1Cannabis Control Act with a tetrahydrocannabinol concentration
2as defined in paragraph 6 of subsection (a) of Section 11-501.2
3of this Code, or any amount of a drug, substance, or
4intoxicating compound resulting from the unlawful use or
5consumption of a controlled substance listed in the Illinois
6Controlled Substances Act, an intoxicating compound listed in
7the Use of Intoxicating Compounds Act, or methamphetamine as
8listed in the Methamphetamine Control and Community Protection
9Act, is established by a subsequent analysis of blood, other
10bodily substance, or urine collected at the time of arrest, the
11arresting officer shall give notice as provided in this Section
12or by deposit in the United States mail of such notice in an
13envelope with postage prepaid and addressed to such person at
14his or her address as shown on the Uniform Traffic Ticket and
15the suspension shall be effective on the 46th day following the
16date notice was given.
17    In cases involving a person who is a CDL holder where the
18blood alcohol concentration of 0.08 or more, or any amount of a
19drug, substance, or intoxicating compound resulting from the
20unlawful use or consumption of cannabis as listed in the
21Cannabis Control Act, a controlled substance listed in the
22Illinois Controlled Substances Act, an intoxicating compound
23listed 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

 

 

10000SB0625sam001- 623 -LRB100 04131 SMS 22955 a

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 such notice in an envelope with postage prepaid and
4addressed to the person at his or her address as shown on the
5Uniform Traffic Ticket and the suspension and disqualification
6shall be effective on the 46th day following the date notice
7was given.
8    Upon receipt of the sworn report of a law enforcement
9officer, the Secretary shall also give notice of the suspension
10and disqualification to the driver by mailing a notice of the
11effective date of the suspension and disqualification to the
12individual. However, should the sworn report be defective by
13not containing sufficient information or be completed in error,
14the notice of the suspension and disqualification shall not be
15mailed to the person or entered to the driving record, but
16rather the sworn report shall be returned to the issuing law
17enforcement agency.
18    (e) A driver may contest this suspension of his or her
19driving privileges and disqualification of his or her CDL
20privileges by requesting an administrative hearing with the
21Secretary in accordance with Section 2-118 of this Code. At the
22conclusion of a hearing held under Section 2-118 of this Code,
23the Secretary may rescind, continue, or modify the orders of
24suspension and disqualification. If the Secretary does not
25rescind the orders of suspension and disqualification, a
26restricted driving permit may be granted by the Secretary upon

 

 

10000SB0625sam001- 624 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 625 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 626 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 627 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 628 -LRB100 04131 SMS 22955 a

1of the person's privilege to operate a commercial motor
2vehicle, as provided in Section 6-514 of this Code, if the
3person is a CDL holder. The loss of driving privileges shall be
4imposed in accordance with Section 6-208.2 of this Code.
5    A person requested to submit to a test shall also
6acknowledge, in writing, receipt of the warning required under
7this Section. If the person refuses to acknowledge receipt of
8the warning, the law enforcement officer shall make a written
9notation on the warning that the person refused to sign the
10warning. A person's refusal to sign the warning shall not be
11evidence that the person was not read the warning.
12    (d) If the person refuses testing or submits to a test that
13discloses an alcohol concentration of more than 0.00, the law
14enforcement officer shall immediately submit a sworn report to
15the Secretary of State on a form prescribed by the Secretary of
16State, certifying that the test or tests were requested under
17subsection (a) and the person refused to submit to a test or
18tests or submitted to testing which disclosed an alcohol
19concentration of more than 0.00. The law enforcement officer
20shall submit the same sworn report when a person under the age
21of 21 submits to testing under Section 11-501.1 of this Code
22and the testing discloses an alcohol concentration of more than
230.00 and less than 0.08.
24    Upon receipt of the sworn report of a law enforcement
25officer, the Secretary of State shall enter the suspension and
26disqualification on the individual's driving record and the

 

 

10000SB0625sam001- 629 -LRB100 04131 SMS 22955 a

1suspension and disqualification shall be effective on the 46th
2day following the date notice of the suspension was given to
3the person. If this suspension is the individual's first
4driver's license suspension under this Section, reports
5received by the Secretary of State under this Section shall,
6except during the time the suspension is in effect, be
7privileged information and for use only by the courts, police
8officers, prosecuting authorities, the Secretary of State, or
9the individual personally, unless the person is a CDL holder,
10is operating a commercial motor vehicle or vehicle required to
11be placarded for hazardous materials, in which case the
12suspension shall not be privileged. Reports received by the
13Secretary of State under this Section shall also be made
14available to the parent or guardian of a person under the age
15of 18 years that holds an instruction permit or a graduated
16driver's license, regardless of whether the suspension is in
17effect.
18    The law enforcement officer submitting the sworn report
19shall serve immediate notice of this suspension on the person
20and the suspension and disqualification shall be effective on
21the 46th day following the date notice was given.
22    In cases where the blood alcohol concentration of more than
230.00 is established by a subsequent analysis of blood, other
24bodily substance, or urine, the police officer or arresting
25agency shall give notice as provided in this Section or by
26deposit in the United States mail of that notice in an envelope

 

 

10000SB0625sam001- 630 -LRB100 04131 SMS 22955 a

1with postage prepaid and addressed to that person at his last
2known address and the loss of driving privileges shall be
3effective on the 46th day following the date notice was given.
4    Upon receipt of the sworn report of a law enforcement
5officer, the Secretary of State shall also give notice of the
6suspension and disqualification to the driver by mailing a
7notice of the effective date of the suspension and
8disqualification to the individual. However, should the sworn
9report be defective by not containing sufficient information or
10be completed in error, the notice of the suspension and
11disqualification shall not be mailed to the person or entered
12to the driving record, but rather the sworn report shall be
13returned to the issuing law enforcement agency.
14    (e) A driver may contest this suspension and
15disqualification by requesting an administrative hearing with
16the Secretary of State in accordance with Section 2-118 of this
17Code. An individual whose blood alcohol concentration is shown
18to be more than 0.00 is not subject to this Section if he or she
19consumed alcohol in the performance of a religious service or
20ceremony. An individual whose blood alcohol concentration is
21shown to be more than 0.00 shall not be subject to this Section
22if the individual's blood alcohol concentration resulted only
23from ingestion of the prescribed or recommended dosage of
24medicine that contained alcohol. The petition for that hearing
25shall not stay or delay the effective date of the impending
26suspension. The scope of this hearing shall be limited to the

 

 

10000SB0625sam001- 631 -LRB100 04131 SMS 22955 a

1issues of:
2        (1) whether the police officer had probable cause to
3    believe that the person was driving or in actual physical
4    control of a motor vehicle upon the public highways of the
5    State and the police officer had reason to believe that the
6    person was in violation of any provision of the Illinois
7    Vehicle Code or a similar provision of a local ordinance;
8    and
9        (2) whether the person was issued a Uniform Traffic
10    Ticket for any violation of the Illinois Vehicle Code or a
11    similar provision of a local ordinance; and
12        (3) whether the police officer had probable cause to
13    believe that the driver had consumed any amount of an
14    alcoholic beverage based upon the driver's physical
15    actions or other first-hand knowledge of the police
16    officer; and
17        (4) whether the person, after being advised by the
18    officer that the privilege to operate a motor vehicle would
19    be suspended if the person refused to submit to and
20    complete the test or tests, did refuse to submit to or
21    complete the test or tests to determine the person's
22    alcohol concentration; and
23        (5) whether the person, after being advised by the
24    officer that the privileges to operate a motor vehicle
25    would be suspended if the person submits to a chemical test
26    or tests and the test or tests disclose an alcohol

 

 

10000SB0625sam001- 632 -LRB100 04131 SMS 22955 a

1    concentration of more than 0.00, did submit to and complete
2    the test or tests that determined an alcohol concentration
3    of more than 0.00; and
4        (6) whether the test result of an alcohol concentration
5    of more than 0.00 was based upon the person's consumption
6    of alcohol in the performance of a religious service or
7    ceremony; and
8        (7) whether the test result of an alcohol concentration
9    of more than 0.00 was based upon the person's consumption
10    of alcohol through ingestion of the prescribed or
11    recommended dosage of medicine.
12    At the conclusion of the hearing held under Section 2-118
13of this Code, the Secretary of State may rescind, continue, or
14modify the suspension and disqualification. If the Secretary of
15State does not rescind the suspension and disqualification, a
16restricted driving permit may be granted by the Secretary of
17State upon application being made and good cause shown. A
18restricted driving permit may be granted to relieve undue
19hardship by allowing driving for employment, educational, and
20medical purposes as outlined in item (3) of part (c) of Section
216-206 of this Code. The provisions of item (3) of part (c) of
22Section 6-206 of this Code and of subsection (f) of that
23Section shall apply. The Secretary of State shall promulgate
24rules providing for participation in an alcohol education and
25awareness program or activity, a drug education and awareness
26program or activity, or both as a condition to the issuance of

 

 

10000SB0625sam001- 633 -LRB100 04131 SMS 22955 a

1a restricted driving permit for suspensions imposed under this
2Section.
3    (f) The results of any chemical testing performed in
4accordance with subsection (a) of this Section are not
5admissible in any civil or criminal proceeding, except that the
6results of the testing may be considered at a hearing held
7under Section 2-118 of this Code. However, the results of the
8testing may not be used to impose driver's license sanctions
9under Section 11-501.1 of this Code. A law enforcement officer
10may, however, pursue a statutory summary suspension or
11revocation of driving privileges under Section 11-501.1 of this
12Code if other physical evidence or first hand knowledge forms
13the basis of that suspension or revocation.
14    (g) This Section applies only to drivers who are under age
1521 at the time of the issuance of a Uniform Traffic Ticket for
16a violation of the Illinois Vehicle Code or a similar provision
17of a local ordinance, and a chemical test request is made under
18this Section.
19    (h) The action of the Secretary of State in suspending,
20revoking, cancelling, or disqualifying any license or permit
21shall be subject to judicial review in the Circuit Court of
22Sangamon County or in the Circuit Court of Cook County, and the
23provisions of the Administrative Review Law and its rules are
24hereby adopted and shall apply to and govern every action for
25the judicial review of final acts or decisions of the Secretary
26of State under this Section.

 

 

10000SB0625sam001- 634 -LRB100 04131 SMS 22955 a

1(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
 
2    (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
3    Sec. 11-1301.2. Special decals for parking; persons with
4disabilities.
5    (a) The Secretary of State shall provide for, by
6administrative rules, the design, size, color, and placement of
7a person with disabilities motorist decal or device and shall
8provide for, by administrative rules, the content and form of
9an application for a person with disabilities motorist decal or
10device, which shall be used by local authorities in the
11issuance thereof to a person with temporary disabilities,
12provided that the decal or device is valid for no more than 90
13days, subject to renewal for like periods based upon continued
14disability, and further provided that the decal or device
15clearly sets forth the date that the decal or device expires.
16The application shall include the requirement of an Illinois
17Identification Card number or a State of Illinois driver's
18license number. This decal or device may be used by the
19authorized holder to designate and identify a vehicle not owned
20or displaying a registration plate as provided in Sections
213-609 and 3-616 of this Act to designate when the vehicle is
22being used to transport said person or persons with
23disabilities, and thus is entitled to enjoy all the privileges
24that would be afforded a person with disabilities licensed
25vehicle. Person with disabilities decals or devices issued and

 

 

10000SB0625sam001- 635 -LRB100 04131 SMS 22955 a

1displayed pursuant to this Section shall be recognized and
2honored by all local authorities regardless of which local
3authority issued such decal or device.
4    The decal or device shall be issued only upon a showing by
5adequate documentation that the person for whose benefit the
6decal or device is to be used has a disability as defined in
7Section 1-159.1 of this Code and the disability is temporary.
8    (b) The local governing authorities shall be responsible
9for the provision of such decal or device, its issuance and
10designated placement within the vehicle. The cost of such decal
11or device shall be at the discretion of such local governing
12authority.
13    (c) The Secretary of State may, pursuant to Section
143-616(c), issue a person with disabilities parking decal or
15device to a person with disabilities as defined by Section
161-159.1. Any person with disabilities parking decal or device
17issued by the Secretary of State shall be registered to that
18person with disabilities in the form to be prescribed by the
19Secretary of State. The person with disabilities parking decal
20or device shall not display that person's address. One
21additional decal or device may be issued to an applicant upon
22his or her written request and with the approval of the
23Secretary of State. The written request must include a
24justification of the need for the additional decal or device.
25    (c-5) Beginning January 1, 2014, the Secretary shall
26provide by administrative rule for the issuance of a separate

 

 

10000SB0625sam001- 636 -LRB100 04131 SMS 22955 a

1and distinct parking decal or device for persons with
2disabilities as defined by Section 1-159.1 of this Code and who
3meet the qualifications under this subsection. The authorized
4holder of a decal or device issued under this subsection (c-5)
5shall be exempt from the payment of fees generated by parking
6in a metered space, a parking area subject to paragraph (10) of
7subsection (a) of Section 11-209 of this Code, or a publicly
8owned parking area.
9    The Secretary shall issue a meter-exempt decal or device to
10a person with disabilities who: (i) has been issued
11registration plates under subsection (a) of Section 3-609 or
12Section 3-616 of this Code or a special decal or device under
13this Section, (ii) holds a valid Illinois driver's license, and
14(iii) is unable to do one or more of the following:
15        (1) manage, manipulate, or insert coins, or obtain
16    tickets or tokens in parking meters or ticket machines in
17    parking lots, due to the lack of fine motor control of both
18    hands;
19        (2) reach above his or her head to a height of 42
20    inches from the ground, due to a lack of finger, hand, or
21    upper extremity strength or mobility;
22        (3) approach a parking meter due to his or her use of a
23    wheelchair or other device for mobility; or
24        (4) walk more than 20 feet due to an orthopedic,
25    neurological, cardiovascular, or lung condition in which
26    the degree of debilitation is so severe that it almost

 

 

10000SB0625sam001- 637 -LRB100 04131 SMS 22955 a

1    completely impedes the ability to walk.
2    The application for a meter-exempt parking decal or device
3shall contain a statement certified by a licensed physician,
4physician assistant, or advanced practice registered nurse
5attesting to the permanent nature of the applicant's condition
6and verifying that the applicant meets the physical
7qualifications specified in this subsection (c-5).
8    Notwithstanding the requirements of this subsection (c-5),
9the Secretary shall issue a meter-exempt decal or device to a
10person who has been issued registration plates under Section
113-616 of this Code or a special decal or device under this
12Section, if the applicant is the parent or guardian of a person
13with disabilities who is under 18 years of age and incapable of
14driving.
15    (d) Replacement decals or devices may be issued for lost,
16stolen, or destroyed decals upon application and payment of a
17$10 fee. The replacement fee may be waived for individuals that
18have claimed and received a grant under the Senior Citizens and
19Persons with Disabilities Property Tax Relief Act.
20    (e) A person classified as a veteran under subsection (e)
21of Section 6-106 of this Code that has been issued a decal or
22device under this Section shall not be required to submit
23evidence of disability in order to renew that decal or device
24if, at the time of initial application, he or she submitted
25evidence from his or her physician or the Department of
26Veterans' Affairs that the disability is of a permanent nature.

 

 

10000SB0625sam001- 638 -LRB100 04131 SMS 22955 a

1However, the Secretary shall take reasonable steps to ensure
2the veteran still resides in this State at the time of the
3renewal. These steps may include requiring the veteran to
4provide additional documentation or to appear at a Secretary of
5State facility. To identify veterans who are eligible for this
6exemption, the Secretary shall compare the list of the persons
7who have been issued a decal or device to the list of persons
8who have been issued a vehicle registration plate for veterans
9with disabilities under Section 3-609 of this Code, or who are
10identified as a veteran on their driver's license under Section
116-110 of this Code or on their identification card under
12Section 4 of the Illinois Identification Card Act.
13(Source: P.A. 98-463, eff. 8-16-13; 98-577, eff. 1-1-14;
1498-879, eff. 1-1-15; 99-143, eff. 7-27-15.)
 
15    (625 ILCS 5/11-1301.5)
16    Sec. 11-1301.5. Fictitious or unlawfully altered
17disability license plate or parking decal or device.
18    (a) As used in this Section:
19    "Fictitious disability license plate or parking decal or
20device" means any issued disability license plate or parking
21decal or device, or any license plate issued to a veteran with
22a disability under Section 3-609 of this Code, that has been
23issued by the Secretary of State or an authorized unit of local
24government that was issued based upon false information
25contained on the required application.

 

 

10000SB0625sam001- 639 -LRB100 04131 SMS 22955 a

1    "False information" means any incorrect or inaccurate
2information concerning the name, date of birth, social security
3number, driver's license number, physician certification, or
4any other information required on the Persons with Disabilities
5Certification for Plate or Parking Placard, on the Application
6for Replacement Disability Parking Placard, or on the
7application for license plates issued to veterans with
8disabilities under Section 3-609 of this Code, that falsifies
9the content of the application.
10    "Unlawfully altered disability license plate or parking
11permit or device" means any disability license plate or parking
12permit or device, or any license plate issued to a veteran with
13a disability under Section 3-609 of this Code, issued by the
14Secretary of State or an authorized unit of local government
15that has been physically altered or changed in such manner that
16false information appears on the license plate or parking decal
17or device.
18    "Authorized holder" means an individual issued a
19disability license plate under Section 3-616 of this Code or an
20individual issued a parking decal or device under Section
2111-1301.2 of this Code, or an individual issued a license plate
22for veterans with disabilities under Section 3-609 of this
23Code.
24    (b) It is a violation of this Section for any person:
25        (1) to knowingly possess any fictitious or unlawfully
26    altered disability license plate or parking decal or

 

 

10000SB0625sam001- 640 -LRB100 04131 SMS 22955 a

1    device;
2        (2) to knowingly issue or assist in the issuance of, by
3    the Secretary of State or unit of local government, any
4    fictitious disability license plate or parking decal or
5    device;
6        (3) to knowingly alter any disability license plate or
7    parking decal or device;
8        (4) to knowingly manufacture, possess, transfer, or
9    provide any documentation used in the application process
10    whether real or fictitious, for the purpose of obtaining a
11    fictitious disability license plate or parking decal or
12    device;
13        (5) to knowingly provide any false information to the
14    Secretary of State or a unit of local government in order
15    to obtain a disability license plate or parking decal or
16    device;
17        (6) to knowingly transfer a disability license plate or
18    parking decal or device for the purpose of exercising the
19    privileges granted to an authorized holder of a disability
20    license plate or parking decal or device under this Code in
21    the absence of the authorized holder; or
22        (7) who is a physician, physician assistant, or
23    advanced practice registered nurse to knowingly falsify a
24    certification that a person is a person with disabilities
25    as defined by Section 1-159.1 of this Code.
26    (c) Sentence.

 

 

10000SB0625sam001- 641 -LRB100 04131 SMS 22955 a

1        (1) Any person convicted of a violation of paragraph
2    (1), (2), (3), (4), (5), or (7) of subsection (b) of this
3    Section shall be guilty of a Class A misdemeanor and fined
4    not less than $1,000 for a first offense and shall be
5    guilty of a Class 4 felony and fined not less than $2,000
6    for a second or subsequent offense. Any person convicted of
7    a violation of subdivision (b)(6) of this Section is guilty
8    of a Class A misdemeanor and shall be fined not less than
9    $1,000 for a first offense and not less than $2,000 for a
10    second or subsequent offense. The circuit clerk shall
11    distribute one-half of any fine imposed on any person who
12    is found guilty of or pleads guilty to violating this
13    Section, including any person placed on court supervision
14    for violating this Section, to the law enforcement agency
15    that issued the citation or made the arrest. If more than
16    one law enforcement agency is responsible for issuing the
17    citation or making the arrest, one-half of the fine imposed
18    shall be shared equally.
19        (2) Any person who commits a violation of this Section
20    or a similar provision of a local ordinance may have his or
21    her driving privileges suspended or revoked by the
22    Secretary of State for a period of time determined by the
23    Secretary of State. The Secretary of State may suspend or
24    revoke the parking decal or device or the disability
25    license plate of any person who commits a violation of this
26    Section.

 

 

10000SB0625sam001- 642 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 643 -LRB100 04131 SMS 22955 a

1Registration and Safety Act or a similar provision of a local
2ordinance, with the exception of equipment violations
3contained in Article IV of this Act or similar provisions of
4local ordinances. The test or tests shall be administered at
5the direction of the arresting officer. The law enforcement
6agency employing the officer shall designate which of the
7aforesaid tests shall be administered. Up to 2 additional tests
8of urine or other bodily substance may be administered even
9after a blood or breath test or both has been administered.
10Compliance with this Section does not relieve the person from
11the requirements of any other Section of this Act.
12    (b) Any person who is dead, unconscious, or who is
13otherwise in a condition rendering that person incapable of
14refusal shall be deemed not to have withdrawn the consent
15provided by subsection (a) of this Section. In addition, if an
16operator of a motorboat is receiving medical treatment as a
17result of a boating accident, any physician licensed to
18practice medicine, licensed physician assistant, licensed
19advanced practice registered nurse, registered nurse, or a
20phlebotomist acting under the direction of a licensed physician
21shall withdraw blood for testing purposes to ascertain the
22presence of alcohol, other drug or drugs, or intoxicating
23compound or compounds, upon the specific request of a law
24enforcement officer. However, this testing shall not be
25performed until, in the opinion of the medical personnel on
26scene, the withdrawal can be made without interfering with or

 

 

10000SB0625sam001- 644 -LRB100 04131 SMS 22955 a

1endangering the well-being of the patient.
2    (c) A person who is a CDL holder requested to submit to a
3test under subsection (a) of this Section shall be warned by
4the law enforcement officer requesting the test that a refusal
5to submit to the test, or submission to the test resulting in
6an alcohol concentration of 0.08 or more, or any amount of a
7drug, substance, or intoxicating compound resulting from the
8unlawful use or consumption of cannabis listed in the Cannabis
9Control Act, a controlled substance listed in the Illinois
10Controlled Substances Act, an intoxicating compound listed in
11the Use of Intoxicating Compounds Act, or methamphetamine as
12listed in the Methamphetamine Control and Community Protection
13Act as detected in the person's blood, other bodily substance,
14or urine, may result in the suspension of the person's
15privilege to operate a motor vehicle and may result in the
16disqualification of the person's privilege to operate a
17commercial motor vehicle, as provided in Section 6-514 of the
18Illinois Vehicle Code. A person who is not a CDL holder
19requested to submit to a test under subsection (a) of this
20Section shall be warned by the law enforcement officer
21requesting the test that a refusal to submit to the test, or
22submission to the test resulting in an alcohol concentration of
230.08 or more, a tetrahydrocannabinol concentration in the
24person's whole blood or other bodily substance as defined in
25paragraph 6 of subsection (a) of Section 11-501.2 of the
26Illinois Vehicle Code, or any amount of a drug, substance, or

 

 

10000SB0625sam001- 645 -LRB100 04131 SMS 22955 a

1intoxicating compound resulting from the unlawful use or
2consumption of a controlled substance listed in the Illinois
3Controlled Substances Act, an intoxicating compound listed in
4the Use of Intoxicating Compounds Act, or methamphetamine as
5listed in the Methamphetamine Control and Community Protection
6Act as detected in the person's blood, other bodily substance,
7or urine, may result in the suspension of the person's
8privilege to operate a motor vehicle. The length of the
9suspension shall be the same as outlined in Section 6-208.1 of
10the Illinois Vehicle Code regarding statutory summary
11suspensions.
12    (d) If the person is a CDL holder and refuses testing or
13submits to a test which discloses an alcohol concentration of
140.08 or more, or any amount of a drug, substance, or
15intoxicating compound in the person's blood, other bodily
16substance, or urine resulting from the unlawful use or
17consumption of cannabis listed in the Cannabis Control Act, a
18controlled substance listed in the Illinois Controlled
19Substances Act, an intoxicating compound listed in the Use of
20Intoxicating Compounds Act, or methamphetamine as listed in the
21Methamphetamine Control and Community Protection Act, the law
22enforcement officer shall immediately submit a sworn report to
23the Secretary of State on a form prescribed by the Secretary of
24State, certifying that the test or tests were requested under
25subsection (a) of this Section and the person refused to submit
26to a test or tests or submitted to testing which disclosed an

 

 

10000SB0625sam001- 646 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 647 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 648 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 649 -LRB100 04131 SMS 22955 a

146th day following the date notice was given.
2    Upon receipt of the sworn report of a law enforcement
3officer, the Secretary of State shall also give notice of the
4suspension and disqualification to the person by mailing a
5notice of the effective date of the suspension and
6disqualification to the person. However, should the sworn
7report be defective by not containing sufficient information or
8be completed in error, the notice of the suspension and
9disqualification shall not be mailed to the person or entered
10to the driving record, but rather the sworn report shall be
11returned to the issuing law enforcement agency.
12    (e) A person may contest this suspension of his or her
13driving privileges and disqualification of his or her CDL
14privileges by requesting an administrative hearing with the
15Secretary of State in accordance with Section 2-118 of the
16Illinois Vehicle Code. At the conclusion of a hearing held
17under Section 2-118 of the Illinois Vehicle Code, the Secretary
18of State may rescind, continue, or modify the orders of
19suspension and disqualification. If the Secretary of State does
20not rescind the orders of 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 to allow driving for employment, educational, and
25medical purposes as outlined in Section 6-206 of the Illinois
26Vehicle Code. The provisions of Section 6-206 of the Illinois

 

 

10000SB0625sam001- 650 -LRB100 04131 SMS 22955 a

1Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the
2Secretary of State may not issue a restricted driving permit
3for the operation of a commercial motor vehicle to a person
4holding a CDL whose driving privileges have been suspended,
5revoked, cancelled, or disqualified.
6    (f) For the purposes of this Section, a personal injury
7shall include any type A injury as indicated on the accident
8report completed by a law enforcement officer that requires
9immediate professional attention in a doctor's office or a
10medical facility. A type A injury shall include severely
11bleeding wounds, distorted extremities, and injuries that
12require the injured party to be carried from the scene.
13(Source: P.A. 98-103, eff. 1-1-14; 99-697, eff. 7-29-16.)
 
14    Section 315. The Criminal Code of 2012 is amended by
15changing Section 9-1 as follows:
 
16    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
17    Sec. 9-1. First degree Murder - Death penalties -
18Exceptions - Separate Hearings - Proof - Findings - Appellate
19procedures - Reversals.
20    (a) A person who kills an individual without lawful
21justification commits first degree murder if, in performing the
22acts which cause the death:
23        (1) he either intends to kill or do great bodily harm
24    to that individual or another, or knows that such acts will

 

 

10000SB0625sam001- 651 -LRB100 04131 SMS 22955 a

1    cause death to that individual or another; or
2        (2) he knows that such acts create a strong probability
3    of death or great bodily harm to that individual or
4    another; or
5        (3) he is attempting or committing a forcible felony
6    other than second degree murder.
7    (b) Aggravating Factors. A defendant who at the time of the
8commission of the offense has attained the age of 18 or more
9and who has been found guilty of first degree murder may be
10sentenced to death if:
11        (1) the murdered individual was a peace officer or
12    fireman killed in the course of performing his official
13    duties, to prevent the performance of his official duties,
14    or in retaliation for performing his official duties, and
15    the defendant knew or should have known that the murdered
16    individual was a peace officer or fireman; or
17        (2) the murdered individual was an employee of an
18    institution or facility of the Department of Corrections,
19    or any similar local correctional agency, killed in the
20    course of performing his official duties, to prevent the
21    performance of his official duties, or in retaliation for
22    performing his official duties, or the murdered individual
23    was an inmate at such institution or facility and was
24    killed on the grounds thereof, or the murdered individual
25    was otherwise present in such institution or facility with
26    the knowledge and approval of the chief administrative

 

 

10000SB0625sam001- 652 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 653 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 654 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 655 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 656 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 657 -LRB100 04131 SMS 22955 a

1    functional disorder, or a congenital condition that
2    renders the person incapable of adequately providing for
3    his or her own health or personal care; or
4        (18) the murder was committed by reason of any person's
5    activity as a community policing volunteer or to prevent
6    any person from engaging in activity as a community
7    policing volunteer; or
8        (19) the murdered individual was subject to an order of
9    protection and the murder was committed by a person against
10    whom the same order of protection was issued under the
11    Illinois Domestic Violence Act of 1986; or
12        (20) the murdered individual was known by the defendant
13    to be a teacher or other person employed in any school and
14    the teacher or other employee is upon the grounds of a
15    school or grounds adjacent to a school, or is in any part
16    of a building used for school purposes; or
17        (21) the murder was committed by the defendant in
18    connection with or as a result of the offense of terrorism
19    as defined in Section 29D-14.9 of this Code.
20    (b-5) Aggravating Factor; Natural Life Imprisonment. A
21defendant who has been found guilty of first degree murder and
22who at the time of the commission of the offense had attained
23the age of 18 years or more may be sentenced to natural life
24imprisonment if (i) the murdered individual was a physician,
25physician assistant, psychologist, nurse, or advanced practice
26registered nurse, (ii) the defendant knew or should have known

 

 

10000SB0625sam001- 658 -LRB100 04131 SMS 22955 a

1that the murdered individual was a physician, physician
2assistant, psychologist, nurse, or advanced practice
3registered nurse, and (iii) the murdered individual was killed
4in the course of acting in his or her capacity as a physician,
5physician assistant, psychologist, nurse, or advanced practice
6registered nurse, or to prevent him or her from acting in that
7capacity, or in retaliation for his or her acting in that
8capacity.
9     (c) Consideration of factors in Aggravation and
10Mitigation.
11    The court shall consider, or shall instruct the jury to
12consider any aggravating and any mitigating factors which are
13relevant to the imposition of the death penalty. Aggravating
14factors may include but need not be limited to those factors
15set forth in subsection (b). Mitigating factors may include but
16need not be limited to the following:
17        (1) the defendant has no significant history of prior
18    criminal activity;
19        (2) the murder was committed while the defendant was
20    under the influence of extreme mental or emotional
21    disturbance, although not such as to constitute a defense
22    to prosecution;
23        (3) the murdered individual was a participant in the
24    defendant's homicidal conduct or consented to the
25    homicidal act;
26        (4) the defendant acted under the compulsion of threat

 

 

10000SB0625sam001- 659 -LRB100 04131 SMS 22955 a

1    or menace of the imminent infliction of death or great
2    bodily harm;
3        (5) the defendant was not personally present during
4    commission of the act or acts causing death;
5        (6) the defendant's background includes a history of
6    extreme emotional or physical abuse;
7        (7) the defendant suffers from a reduced mental
8    capacity.
9    (d) Separate sentencing hearing.
10    Where requested by the State, the court shall conduct a
11separate sentencing proceeding to determine the existence of
12factors set forth in subsection (b) and to consider any
13aggravating or mitigating factors as indicated in subsection
14(c). The proceeding shall be conducted:
15        (1) before the jury that determined the defendant's
16    guilt; or
17        (2) before a jury impanelled for the purpose of the
18    proceeding if:
19            A. the defendant was convicted upon a plea of
20        guilty; or
21            B. the defendant was convicted after a trial before
22        the court sitting without a jury; or
23            C. the court for good cause shown discharges the
24        jury that determined the defendant's guilt; or
25        (3) before the court alone if the defendant waives a
26    jury for the separate proceeding.

 

 

10000SB0625sam001- 660 -LRB100 04131 SMS 22955 a

1    (e) Evidence and Argument.
2    During the proceeding any information relevant to any of
3the factors set forth in subsection (b) may be presented by
4either the State or the defendant under the rules governing the
5admission of evidence at criminal trials. Any information
6relevant to any additional aggravating factors or any
7mitigating factors indicated in subsection (c) may be presented
8by the State or defendant regardless of its admissibility under
9the rules governing the admission of evidence at criminal
10trials. The State and the defendant shall be given fair
11opportunity to rebut any information received at the hearing.
12    (f) Proof.
13    The burden of proof of establishing the existence of any of
14the factors set forth in subsection (b) is on the State and
15shall not be satisfied unless established beyond a reasonable
16doubt.
17    (g) Procedure - Jury.
18    If at the separate sentencing proceeding the jury finds
19that none of the factors set forth in subsection (b) exists,
20the court shall sentence the defendant to a term of
21imprisonment under Chapter V of the Unified Code of
22Corrections. If there is a unanimous finding by the jury that
23one or more of the factors set forth in subsection (b) exist,
24the jury shall consider aggravating and mitigating factors as
25instructed by the court and shall determine whether the
26sentence of death shall be imposed. If the jury determines

 

 

10000SB0625sam001- 661 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 662 -LRB100 04131 SMS 22955 a

1sentence, the Court shall sentence the defendant to death.
2    If the court finds that death is not the appropriate
3sentence, the court shall sentence the defendant to a term of
4imprisonment under Chapter V of the Unified Code of
5Corrections.
6    (h-5) Decertification as a capital case.
7    In a case in which the defendant has been found guilty of
8first degree murder by a judge or jury, or a case on remand for
9resentencing, and the State seeks the death penalty as an
10appropriate sentence, on the court's own motion or the written
11motion of the defendant, the court may decertify the case as a
12death penalty case if the court finds that the only evidence
13supporting the defendant's conviction is the uncorroborated
14testimony of an informant witness, as defined in Section 115-21
15of the Code of Criminal Procedure of 1963, concerning the
16confession or admission of the defendant or that the sole
17evidence against the defendant is a single eyewitness or single
18accomplice without any other corroborating evidence. If the
19court decertifies the case as a capital case under either of
20the grounds set forth above, the court shall issue a written
21finding. The State may pursue its right to appeal the
22decertification pursuant to Supreme Court Rule 604(a)(1). If
23the court does not decertify the case as a capital case, the
24matter shall proceed to the eligibility phase of the sentencing
25hearing.
26    (i) Appellate Procedure.

 

 

10000SB0625sam001- 663 -LRB100 04131 SMS 22955 a

1    The conviction and sentence of death shall be subject to
2automatic review by the Supreme Court. Such review shall be in
3accordance with rules promulgated by the Supreme Court. The
4Illinois Supreme Court may overturn the death sentence, and
5order the imposition of imprisonment under Chapter V of the
6Unified Code of Corrections if the court finds that the death
7sentence is fundamentally unjust as applied to the particular
8case. If the Illinois Supreme Court finds that the death
9sentence is fundamentally unjust as applied to the particular
10case, independent of any procedural grounds for relief, the
11Illinois Supreme Court shall issue a written opinion explaining
12this finding.
13    (j) Disposition of reversed death sentence.
14    In the event that the death penalty in this Act is held to
15be unconstitutional by the Supreme Court of the United States
16or of the State of Illinois, any person convicted of first
17degree murder shall be sentenced by the court to a term of
18imprisonment under Chapter V of the Unified Code of
19Corrections.
20    In the event that any death sentence pursuant to the
21sentencing provisions of this Section is declared
22unconstitutional by the Supreme Court of the United States or
23of the State of Illinois, the court having jurisdiction over a
24person previously sentenced to death shall cause the defendant
25to be brought before the court, and the court shall sentence
26the defendant to a term of imprisonment under Chapter V of the

 

 

10000SB0625sam001- 664 -LRB100 04131 SMS 22955 a

1Unified Code of Corrections.
2    (k) Guidelines for seeking the death penalty.
3    The Attorney General and State's Attorneys Association
4shall consult on voluntary guidelines for procedures governing
5whether or not to seek the death penalty. The guidelines do not
6have the force of law and are only advisory in nature.
7(Source: P.A. 99-143, eff. 7-27-15.)
 
8    Section 320. The Illinois Controlled Substances Act is
9amended by changing Sections 102, 302, 303.05, 313, and 320 as
10follows:
 
11    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
12    Sec. 102. Definitions. As used in this Act, unless the
13context otherwise requires:
14    (a) "Addict" means any person who habitually uses any drug,
15chemical, substance or dangerous drug other than alcohol so as
16to endanger the public morals, health, safety or welfare or who
17is so far addicted to the use of a dangerous drug or controlled
18substance other than alcohol as to have lost the power of self
19control with reference to his or her addiction.
20    (b) "Administer" means the direct application of a
21controlled substance, whether by injection, inhalation,
22ingestion, or any other means, to the body of a patient,
23research subject, or animal (as defined by the Humane
24Euthanasia in Animal Shelters Act) by:

 

 

10000SB0625sam001- 665 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 666 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 667 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 668 -LRB100 04131 SMS 22955 a

1    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
2        dihydroxy-5a-androstane), 
3    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
4        -5a-androstane), 
5    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
6        dihydroxyandrost-4-ene), 
7    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
8        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
9    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
10        hydroxyestra-4,9(10)-dien-3-one), 
11    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
12        hydroxyestra-4,9-11-trien-3-one), 
13    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
14        hydroxyandrost-4-en-3-one), 
15    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
16        hydroxyestr-4-en-3-one), 
17    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
18        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
19        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
20        1-testosterone'), 
21    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
22    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
23        dihydroxyestr-4-ene), 
24    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
25        dihydroxyestr-4-ene), 
26    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 

 

 

10000SB0625sam001- 669 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 670 -LRB100 04131 SMS 22955 a

1        (5[alpha]-androst-1-en-3-one), 
2    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
3        secoandrosta-1,4-dien-17-oic 
4        acid lactone), 
5    (lx) testosterone (17[beta]-hydroxyandrost- 
6        4-en-3-one), 
7    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
8        diethyl-17[beta]-hydroxygon- 
9        4,9,11-trien-3-one), 
10    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
11        11-trien-3-one). 
12    Any person who is otherwise lawfully in possession of an
13anabolic steroid, or who otherwise lawfully manufactures,
14distributes, dispenses, delivers, or possesses with intent to
15deliver an anabolic steroid, which anabolic steroid is
16expressly intended for and lawfully allowed to be administered
17through implants to livestock or other nonhuman species, and
18which is approved by the Secretary of Health and Human Services
19for such administration, and which the person intends to
20administer or have administered through such implants, shall
21not be considered to be in unauthorized possession or to
22unlawfully manufacture, distribute, dispense, deliver, or
23possess with intent to deliver such anabolic steroid for
24purposes of this Act.
25    (d) "Administration" means the Drug Enforcement
26Administration, United States Department of Justice, or its

 

 

10000SB0625sam001- 671 -LRB100 04131 SMS 22955 a

1successor agency.
2    (d-5) "Clinical Director, Prescription Monitoring Program"
3means a Department of Human Services administrative employee
4licensed to either prescribe or dispense controlled substances
5who shall run the clinical aspects of the Department of Human
6Services Prescription Monitoring Program and its Prescription
7Information Library.
8    (d-10) "Compounding" means the preparation and mixing of
9components, excluding flavorings, (1) as the result of a
10prescriber's prescription drug order or initiative based on the
11prescriber-patient-pharmacist relationship in the course of
12professional practice or (2) for the purpose of, or incident
13to, research, teaching, or chemical analysis and not for sale
14or dispensing. "Compounding" includes the preparation of drugs
15or devices in anticipation of receiving prescription drug
16orders based on routine, regularly observed dispensing
17patterns. Commercially available products may be compounded
18for dispensing to individual patients only if both of the
19following conditions are met: (i) the commercial product is not
20reasonably available from normal distribution channels in a
21timely manner to meet the patient's needs and (ii) the
22prescribing practitioner has requested that the drug be
23compounded.
24    (e) "Control" means to add a drug or other substance, or
25immediate precursor, to a Schedule whether by transfer from
26another Schedule or otherwise.

 

 

10000SB0625sam001- 672 -LRB100 04131 SMS 22955 a

1    (f) "Controlled Substance" means (i) a drug, substance,
2immediate precursor, or synthetic drug in the Schedules of
3Article II of this Act or (ii) a drug or other substance, or
4immediate precursor, designated as a controlled substance by
5the Department through administrative rule. The term does not
6include distilled spirits, wine, malt beverages, or tobacco, as
7those terms are defined or used in the Liquor Control Act of
81934 and the Tobacco Products Tax Act of 1995.
9    (f-5) "Controlled substance analog" means a substance:
10        (1) the chemical structure of which is substantially
11    similar to the chemical structure of a controlled substance
12    in Schedule I or II;
13        (2) which has a stimulant, depressant, or
14    hallucinogenic effect on the central nervous system that is
15    substantially similar to or greater than the stimulant,
16    depressant, or hallucinogenic effect on the central
17    nervous system of a controlled substance in Schedule I or
18    II; or
19        (3) with respect to a particular person, which such
20    person represents or intends to have a stimulant,
21    depressant, or hallucinogenic effect on the central
22    nervous system that is substantially similar to or greater
23    than the stimulant, depressant, or hallucinogenic effect
24    on the central nervous system of a controlled substance in
25    Schedule I or II.
26    (g) "Counterfeit substance" means a controlled substance,

 

 

10000SB0625sam001- 673 -LRB100 04131 SMS 22955 a

1which, or the container or labeling of which, without
2authorization bears the trademark, trade name, or other
3identifying mark, imprint, number or device, or any likeness
4thereof, of a manufacturer, distributor, or dispenser other
5than the person who in fact manufactured, distributed, or
6dispensed the substance.
7    (h) "Deliver" or "delivery" means the actual, constructive
8or attempted transfer of possession of a controlled substance,
9with or without consideration, whether or not there is an
10agency relationship.
11    (i) "Department" means the Illinois Department of Human
12Services (as successor to the Department of Alcoholism and
13Substance Abuse) or its successor agency.
14    (j) (Blank).
15    (k) "Department of Corrections" means the Department of
16Corrections of the State of Illinois or its successor agency.
17    (l) "Department of Financial and Professional Regulation"
18means the Department of Financial and Professional Regulation
19of the State of Illinois or its successor agency.
20    (m) "Depressant" means any drug that (i) causes an overall
21depression of central nervous system functions, (ii) causes
22impaired consciousness and awareness, and (iii) can be
23habit-forming or lead to a substance abuse problem, including
24but not limited to alcohol, cannabis and its active principles
25and their analogs, benzodiazepines and their analogs,
26barbiturates and their analogs, opioids (natural and

 

 

10000SB0625sam001- 674 -LRB100 04131 SMS 22955 a

1synthetic) and their analogs, and chloral hydrate and similar
2sedative hypnotics.
3    (n) (Blank).
4    (o) "Director" means the Director of the Illinois State
5Police or his or her designated agents.
6    (p) "Dispense" means to deliver a controlled substance to
7an ultimate user or research subject by or pursuant to the
8lawful order of a prescriber, including the prescribing,
9administering, packaging, labeling, or compounding necessary
10to prepare the substance for that delivery.
11    (q) "Dispenser" means a practitioner who dispenses.
12    (r) "Distribute" means to deliver, other than by
13administering or dispensing, a controlled substance.
14    (s) "Distributor" means a person who distributes.
15    (t) "Drug" means (1) substances recognized as drugs in the
16official United States Pharmacopoeia, Official Homeopathic
17Pharmacopoeia of the United States, or official National
18Formulary, or any supplement to any of them; (2) substances
19intended for use in diagnosis, cure, mitigation, treatment, or
20prevention of disease in man or animals; (3) substances (other
21than food) intended to affect the structure of any function of
22the body of man or animals and (4) substances intended for use
23as a component of any article specified in clause (1), (2), or
24(3) of this subsection. It does not include devices or their
25components, parts, or accessories.
26    (t-3) "Electronic health record" or "EHR" means an

 

 

10000SB0625sam001- 675 -LRB100 04131 SMS 22955 a

1electronic record of health-related information on an
2individual that is created, gathered, managed, and consulted by
3authorized health care clinicians and staff.
4    (t-5) "Euthanasia agency" means an entity certified by the
5Department of Financial and Professional Regulation for the
6purpose of animal euthanasia that holds an animal control
7facility license or animal shelter license under the Animal
8Welfare Act. A euthanasia agency is authorized to purchase,
9store, possess, and utilize Schedule II nonnarcotic and
10Schedule III nonnarcotic drugs for the sole purpose of animal
11euthanasia.
12    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
13substances (nonnarcotic controlled substances) that are used
14by a euthanasia agency for the purpose of animal euthanasia.
15    (u) "Good faith" means the prescribing or dispensing of a
16controlled substance by a practitioner in the regular course of
17professional treatment to or for any person who is under his or
18her treatment for a pathology or condition other than that
19individual's physical or psychological dependence upon or
20addiction to a controlled substance, except as provided herein:
21and application of the term to a pharmacist shall mean the
22dispensing of a controlled substance pursuant to the
23prescriber's order which in the professional judgment of the
24pharmacist is lawful. The pharmacist shall be guided by
25accepted professional standards including, but not limited to
26the following, in making the judgment:

 

 

10000SB0625sam001- 676 -LRB100 04131 SMS 22955 a

1        (1) lack of consistency of prescriber-patient
2    relationship,
3        (2) frequency of prescriptions for same drug by one
4    prescriber for large numbers of patients,
5        (3) quantities beyond those normally prescribed,
6        (4) unusual dosages (recognizing that there may be
7    clinical circumstances where more or less than the usual
8    dose may be used legitimately),
9        (5) unusual geographic distances between patient,
10    pharmacist and prescriber,
11        (6) consistent prescribing of habit-forming drugs.
12    (u-0.5) "Hallucinogen" means a drug that causes markedly
13altered sensory perception leading to hallucinations of any
14type.
15    (u-1) "Home infusion services" means services provided by a
16pharmacy in compounding solutions for direct administration to
17a patient in a private residence, long-term care facility, or
18hospice setting by means of parenteral, intravenous,
19intramuscular, subcutaneous, or intraspinal infusion.
20    (u-5) "Illinois State Police" means the State Police of the
21State of Illinois, or its successor agency.
22    (v) "Immediate precursor" means a substance:
23        (1) which the Department has found to be and by rule
24    designated as being a principal compound used, or produced
25    primarily for use, in the manufacture of a controlled
26    substance;

 

 

10000SB0625sam001- 677 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 678 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 679 -LRB100 04131 SMS 22955 a

1manufacture, preparation, propagation, compounding,
2processing, packaging, advertising or distribution of a drug or
3drugs by any person registered pursuant to Section 510 of the
4Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
5    (y-1) "Mail-order pharmacy" means a pharmacy that is
6located in a state of the United States that delivers,
7dispenses or distributes, through the United States Postal
8Service or other common carrier, to Illinois residents, any
9substance which requires a prescription.
10    (z) "Manufacture" means the production, preparation,
11propagation, compounding, conversion or processing of a
12controlled substance other than methamphetamine, either
13directly or indirectly, by extraction from substances of
14natural origin, or independently by means of chemical
15synthesis, or by a combination of extraction and chemical
16synthesis, and includes any packaging or repackaging of the
17substance or labeling of its container, except that this term
18does not include:
19        (1) by an ultimate user, the preparation or compounding
20    of a controlled substance for his or her own use; or
21        (2) by a practitioner, or his or her authorized agent
22    under his or her supervision, the preparation,
23    compounding, packaging, or labeling of a controlled
24    substance:
25            (a) as an incident to his or her administering or
26        dispensing of a controlled substance in the course of

 

 

10000SB0625sam001- 680 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 681 -LRB100 04131 SMS 22955 a

1        (1) opium, opiates, derivatives of opium and opiates,
2    including their isomers, esters, ethers, salts, and salts
3    of isomers, esters, and ethers, whenever the existence of
4    such isomers, esters, ethers, and salts is possible within
5    the specific chemical designation; however the term
6    "narcotic drug" does not include the isoquinoline
7    alkaloids of opium;
8        (2) (blank);
9        (3) opium poppy and poppy straw;
10        (4) coca leaves, except coca leaves and extracts of
11    coca leaves from which substantially all of the cocaine and
12    ecgonine, and their isomers, derivatives and salts, have
13    been removed;
14        (5) cocaine, its salts, optical and geometric isomers,
15    and salts of isomers;
16        (6) ecgonine, its derivatives, their salts, isomers,
17    and salts of isomers;
18        (7) any compound, mixture, or preparation which
19    contains any quantity of any of the substances referred to
20    in subparagraphs (1) through (6).
21    (bb) "Nurse" means a registered nurse licensed under the
22Nurse Practice Act.
23    (cc) (Blank).
24    (dd) "Opiate" means any substance having an addiction
25forming or addiction sustaining liability similar to morphine
26or being capable of conversion into a drug having addiction

 

 

10000SB0625sam001- 682 -LRB100 04131 SMS 22955 a

1forming or addiction sustaining liability.
2    (ee) "Opium poppy" means the plant of the species Papaver
3somniferum L., except its seeds.
4    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
5solution or other liquid form of medication intended for
6administration by mouth, but the term does not include a form
7of medication intended for buccal, sublingual, or transmucosal
8administration.
9    (ff) "Parole and Pardon Board" means the Parole and Pardon
10Board of the State of Illinois or its successor agency.
11    (gg) "Person" means any individual, corporation,
12mail-order pharmacy, government or governmental subdivision or
13agency, business trust, estate, trust, partnership or
14association, or any other entity.
15    (hh) "Pharmacist" means any person who holds a license or
16certificate of registration as a registered pharmacist, a local
17registered pharmacist or a registered assistant pharmacist
18under the Pharmacy Practice Act.
19    (ii) "Pharmacy" means any store, ship or other place in
20which pharmacy is authorized to be practiced under the Pharmacy
21Practice Act.
22    (ii-5) "Pharmacy shopping" means the conduct prohibited
23under subsection (b) of Section 314.5 of this Act.
24    (ii-10) "Physician" (except when the context otherwise
25requires) means a person licensed to practice medicine in all
26of its branches.

 

 

10000SB0625sam001- 683 -LRB100 04131 SMS 22955 a

1    (jj) "Poppy straw" means all parts, except the seeds, of
2the opium poppy, after mowing.
3    (kk) "Practitioner" means a physician licensed to practice
4medicine in all its branches, dentist, optometrist, podiatric
5physician, veterinarian, scientific investigator, pharmacist,
6physician assistant, advanced practice registered nurse,
7licensed practical nurse, registered nurse, hospital,
8laboratory, or pharmacy, or other person licensed, registered,
9or otherwise lawfully permitted by the United States or this
10State to distribute, dispense, conduct research with respect
11to, administer or use in teaching or chemical analysis, a
12controlled substance in the course of professional practice or
13research.
14    (ll) "Pre-printed prescription" means a written
15prescription upon which the designated drug has been indicated
16prior to the time of issuance; the term does not mean a written
17prescription that is individually generated by machine or
18computer in the prescriber's office.
19    (mm) "Prescriber" means a physician licensed to practice
20medicine in all its branches, dentist, optometrist,
21prescribing psychologist licensed under Section 4.2 of the
22Clinical Psychologist Licensing Act with prescriptive
23authority delegated under Section 4.3 of the Clinical
24Psychologist Licensing Act, podiatric physician, or
25veterinarian who issues a prescription, a physician assistant
26who issues a prescription for a controlled substance in

 

 

10000SB0625sam001- 684 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 685 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 686 -LRB100 04131 SMS 22955 a

1Department of Financial and Professional Regulation, and the
2Secretary's designated agents.
3    (rr) "State" includes the State of Illinois and any state,
4district, commonwealth, territory, insular possession thereof,
5and any area subject to the legal authority of the United
6States of America.
7    (rr-5) "Stimulant" means any drug that (i) causes an
8overall excitation of central nervous system functions, (ii)
9causes impaired consciousness and awareness, and (iii) can be
10habit-forming or lead to a substance abuse problem, including
11but not limited to amphetamines and their analogs,
12methylphenidate and its analogs, cocaine, and phencyclidine
13and its analogs.
14    (ss) "Ultimate user" means a person who lawfully possesses
15a controlled substance for his or her own use or for the use of
16a member of his or her household or for administering to an
17animal owned by him or her or by a member of his or her
18household.
19(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
2098-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.
217-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,
22eff. 9-9-15; 99-642, eff. 7-28-16.)
 
23    (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
24    Sec. 302. (a) Every person who manufactures, distributes,
25or dispenses any controlled substances; engages in chemical

 

 

10000SB0625sam001- 687 -LRB100 04131 SMS 22955 a

1analysis, research, or instructional activities which utilize
2controlled substances; purchases, stores, or administers
3euthanasia drugs, within this State; provides canine odor
4detection services; proposes to engage in the manufacture,
5distribution, or dispensing of any controlled substance;
6proposes to engage in chemical analysis, research, or
7instructional activities which utilize controlled substances;
8proposes to engage in purchasing, storing, or administering
9euthanasia drugs; or proposes to provide canine odor detection
10services within this State, must obtain a registration issued
11by the Department of Financial and Professional Regulation in
12accordance with its rules. The rules shall include, but not be
13limited to, setting the expiration date and renewal period for
14each registration under this Act. The Department, any facility
15or service licensed by the Department, and any veterinary
16hospital or clinic operated by a veterinarian or veterinarians
17licensed under the Veterinary Medicine and Surgery Practice Act
18of 2004 or maintained by a State-supported or publicly funded
19university or college shall be exempt from the regulation
20requirements of this Section; however, such exemption shall not
21operate to bar the University of Illinois from requesting, nor
22the Department of Financial and Professional Regulation from
23issuing, a registration to the University of Illinois
24Veterinary Teaching Hospital under this Act. Neither a request
25for such registration nor the issuance of such registration to
26the University of Illinois shall operate to otherwise waive or

 

 

10000SB0625sam001- 688 -LRB100 04131 SMS 22955 a

1modify the exemption provided in this subsection (a).
2    (b) Persons registered by the Department of Financial and
3Professional Regulation under this Act to manufacture,
4distribute, or dispense controlled substances, engage in
5chemical analysis, research, or instructional activities which
6utilize controlled substances, purchase, store, or administer
7euthanasia drugs, or provide canine odor detection services,
8may possess, manufacture, distribute, engage in chemical
9analysis, research, or instructional activities which utilize
10controlled substances, dispense those substances, or purchase,
11store, or administer euthanasia drugs, or provide canine odor
12detection services to the extent authorized by their
13registration and in conformity with the other provisions of
14this Article.
15    (c) The following persons need not register and may
16lawfully possess controlled substances under this Act:
17        (1) an agent or employee of any registered
18    manufacturer, distributor, or dispenser of any controlled
19    substance if he or she is acting in the usual course of his
20    or her employer's lawful business or employment;
21        (2) a common or contract carrier or warehouseman, or an
22    agent or employee thereof, whose possession of any
23    controlled substance is in the usual lawful course of such
24    business or employment;
25        (3) an ultimate user or a person in possession of a
26    controlled substance prescribed for the ultimate user

 

 

10000SB0625sam001- 689 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 690 -LRB100 04131 SMS 22955 a

1    rules adopted under this Act. In addition to possessing
2    controlled substances, a temporary license holder may
3    order, administer, and prescribe controlled substances
4    when acting within the scope of his or her license and in
5    compliance with the rules adopted under this Act.
6    (d) A separate registration is required at each place of
7business or professional practice where the applicant
8manufactures, distributes, or dispenses controlled substances,
9or purchases, stores, or administers euthanasia drugs. Persons
10are required to obtain a separate registration for each place
11of business or professional practice where controlled
12substances are located or stored. A separate registration is
13not required for every location at which a controlled substance
14may be prescribed.
15    (e) The Department of Financial and Professional
16Regulation or the Illinois State Police may inspect the
17controlled premises, as defined in Section 502 of this Act, of
18a registrant or applicant for registration in accordance with
19this Act and the rules promulgated hereunder and with regard to
20persons licensed by the Department, in accordance with
21subsection (bb) of Section 30-5 of the Alcoholism and Other
22Drug Abuse and Dependency Act and the rules and regulations
23promulgated thereunder.
24(Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; 99-642,
25eff. 7-28-16.)
 

 

 

10000SB0625sam001- 691 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 692 -LRB100 04131 SMS 22955 a

1            by oral dosage or topical or transdermal
2            application may be delegated, provided that the
3            delegated Schedule II controlled substances are
4            routinely prescribed by the supervising physician.
5            This delegation must identify the specific
6            Schedule II controlled substances by either brand
7            name or generic name. Schedule II controlled
8            substances to be delivered by injection or other
9            route of administration may not be delegated;
10                (ii) any delegation must be of controlled
11            substances prescribed by the supervising
12            physician;
13                (iii) all prescriptions must be limited to no
14            more than a 30-day supply, with any continuation
15            authorized only after prior approval of the
16            supervising physician;
17                (iv) the physician assistant must discuss the
18            condition of any patients for whom a controlled
19            substance is prescribed monthly with the
20            delegating physician;
21                (v) the physician assistant must have
22            completed the appropriate application forms and
23            paid the required fees as set by rule;
24                (vi) the physician assistant must provide
25            evidence of satisfactory completion of 45 contact
26            hours in pharmacology from any physician assistant

 

 

10000SB0625sam001- 693 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 694 -LRB100 04131 SMS 22955 a

1        following conditions:
2                (i) specific Schedule II controlled substances
3            by oral dosage or topical or transdermal
4            application may be delegated, provided that the
5            delegated Schedule II controlled substances are
6            routinely prescribed by the collaborating
7            physician or podiatric physician. This delegation
8            must identify the specific Schedule II controlled
9            substances by either brand name or generic name.
10            Schedule II controlled substances to be delivered
11            by injection or other route of administration may
12            not be delegated;
13                (ii) any delegation must be of controlled
14            substances prescribed by the collaborating
15            physician or podiatric physician;
16                (iii) all prescriptions must be limited to no
17            more than a 30-day supply, with any continuation
18            authorized only after prior approval of the
19            collaborating physician or podiatric physician;
20                (iv) the advanced practice registered nurse
21            must discuss the condition of any patients for whom
22            a controlled substance is prescribed monthly with
23            the delegating physician or podiatric physician or
24            in the course of review as required by Section
25            65-40 of the Nurse Practice Act;
26                (v) the advanced practice registered nurse

 

 

10000SB0625sam001- 695 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 696 -LRB100 04131 SMS 22955 a

1            (B) an advanced practice registered nurse
2        certified as a nurse practitioner, nurse midwife, or
3        clinical nurse specialist has been granted authority
4        to prescribe any Schedule II controlled substances by
5        the hospital affiliate upon the recommendation of the
6        appropriate physician committee of the hospital
7        affiliate, then the following conditions must be met:
8                (i) specific Schedule II controlled substances
9            by oral dosage or topical or transdermal
10            application may be designated, provided that the
11            designated Schedule II controlled substances are
12            routinely prescribed by advanced practice
13            registered nurses in their area of certification;
14            this grant of authority must identify the specific
15            Schedule II controlled substances by either brand
16            name or generic name; authority to prescribe or
17            dispense Schedule II controlled substances to be
18            delivered by injection or other route of
19            administration may not be granted;
20                (ii) any grant of authority must be controlled
21            substances limited to the practice of the advanced
22            practice registered nurse;
23                (iii) any prescription must be limited to no
24            more than a 30-day supply;
25                (iv) the advanced practice registered nurse
26            must discuss the condition of any patients for whom

 

 

10000SB0625sam001- 697 -LRB100 04131 SMS 22955 a

1            a controlled substance is prescribed monthly with
2            the appropriate physician committee of the
3            hospital affiliate or its physician designee; and
4                (v) the advanced practice registered nurse
5            must meet the education requirements of this
6            Section;
7        (3) with respect to animal euthanasia agencies, the
8    euthanasia agency has obtained a license from the
9    Department of Financial and Professional Regulation and
10    obtained a registration number from the Department; or
11        (4) with respect to prescribing psychologists, the
12    prescribing psychologist has been delegated authority to
13    prescribe any nonnarcotic Schedule III through V
14    controlled substances by a collaborating physician
15    licensed to practice medicine in all its branches in
16    accordance with Section 4.3 of the Clinical Psychologist
17    Licensing Act, and the prescribing psychologist has
18    completed the appropriate application forms and has paid
19    the required fees as set by rule.
20    (b) The mid-level practitioner shall only be licensed to
21prescribe those schedules of controlled substances for which a
22licensed physician or licensed podiatric physician has
23delegated prescriptive authority, except that an animal
24euthanasia agency does not have any prescriptive authority. A
25physician assistant and an advanced practice registered nurse
26are prohibited from prescribing medications and controlled

 

 

10000SB0625sam001- 698 -LRB100 04131 SMS 22955 a

1substances not set forth in the required written delegation of
2authority.
3    (c) Upon completion of all registration requirements,
4physician assistants, advanced practice registered nurses, and
5animal euthanasia agencies may be issued a mid-level
6practitioner controlled substances license for Illinois.
7    (d) A collaborating physician or podiatric physician may,
8but is not required to, delegate prescriptive authority to an
9advanced practice registered nurse as part of a written
10collaborative agreement, and the delegation of prescriptive
11authority shall conform to the requirements of Section 65-40 of
12the Nurse Practice Act.
13    (e) A supervising physician may, but is not required to,
14delegate prescriptive authority to a physician assistant as
15part of a written supervision agreement, and the delegation of
16prescriptive authority shall conform to the requirements of
17Section 7.5 of the Physician Assistant Practice Act of 1987.
18    (f) Nothing in this Section shall be construed to prohibit
19generic substitution.
20(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
2199-173, eff. 7-29-15.)
 
22    (720 ILCS 570/313)  (from Ch. 56 1/2, par. 1313)
23    Sec. 313. (a) Controlled substances which are lawfully
24administered in hospitals or institutions licensed under the
25Hospital Licensing Act shall be exempt from the requirements of

 

 

10000SB0625sam001- 699 -LRB100 04131 SMS 22955 a

1Sections 312 and 316, except that the prescription for the
2controlled substance shall be in writing on the patient's
3record, signed by the prescriber, and dated, and shall state
4the name and quantity of controlled substances ordered and the
5quantity actually administered. The records of such
6prescriptions shall be maintained for two years and shall be
7available for inspection by officers and employees of the
8Illinois State Police and the Department of Financial and
9Professional Regulation.
10    The exemption under this subsection (a) does not apply to a
11prescription (including an outpatient prescription from an
12emergency department or outpatient clinic) for more than a
1372-hour supply of a discharge medication to be consumed outside
14of the hospital or institution.
15    (b) Controlled substances that can lawfully be
16administered or dispensed directly to a patient in a long-term
17care facility licensed by the Department of Public Health as a
18skilled nursing facility, intermediate care facility, or
19long-term care facility for residents under 22 years of age,
20are exempt from the requirements of Section 312 except that a
21prescription for a Schedule II controlled substance must be
22either a prescription signed by the prescriber or a
23prescription transmitted by the prescriber or prescriber's
24agent to the dispensing pharmacy by facsimile. The facsimile
25serves as the original prescription and must be maintained for
262 years from the date of issue in the same manner as a written

 

 

10000SB0625sam001- 700 -LRB100 04131 SMS 22955 a

1prescription signed by the prescriber.
2    (c) A prescription that is generated for a Schedule II
3controlled substance to be compounded for direct
4administration to a patient in a private residence, long-term
5care facility, or hospice program may be transmitted by
6facsimile by the prescriber or the prescriber's agent to the
7pharmacy providing the home infusion services. The facsimile
8serves as the original prescription for purposes of this
9paragraph (c) and it shall be maintained in the same manner as
10the original prescription.
11    (c-1) A prescription generated for a Schedule II controlled
12substance for a patient residing in a hospice certified by
13Medicare under Title XVIII of the Social Security Act or
14licensed by the State may be transmitted by the practitioner or
15the practitioner's agent to the dispensing pharmacy by
16facsimile or electronically as provided in Section 311.5. The
17practitioner or practitioner's agent must note on the
18prescription that the patient is a hospice patient. The
19facsimile or electronic record serves as the original
20prescription for purposes of this paragraph (c-1) and it shall
21be maintained in the same manner as the original prescription.
22    (d) Controlled substances which are lawfully administered
23and/or dispensed in drug abuse treatment programs licensed by
24the Department shall be exempt from the requirements of
25Sections 312 and 316, except that the prescription for such
26controlled substances shall be issued and authenticated on

 

 

10000SB0625sam001- 701 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 702 -LRB100 04131 SMS 22955 a

1clinical privileges to an individual advanced practice
2registered nurse to select, order or administer medications,
3including controlled substances to provide services within an
4ambulatory surgical treatment center.
5(Source: P.A. 97-334, eff. 1-1-12.)
 
6    (720 ILCS 570/320)
7    Sec. 320. Advisory committee.
8    (a) There is created a Prescription Monitoring Program
9Advisory Committee to assist the Department of Human Services
10in implementing the Prescription Monitoring Program created by
11this Article and to advise the Department on the professional
12performance of prescribers and dispensers and other matters
13germane to the advisory committee's field of competence.
14    (b) The Clinical Director of the Prescription Monitoring
15Program shall appoint members to serve on the advisory
16committee. The advisory committee shall be composed of
17prescribers and dispensers as follows: 4 physicians licensed to
18practice medicine in all its branches; one advanced practice
19registered nurse; one physician assistant; one optometrist;
20one dentist; one podiatric physician; and 3 pharmacists. The
21Clinical Director of the Prescription Monitoring Program may
22appoint a representative of an organization representing a
23profession required to be appointed. The Clinical Director of
24the Prescription Monitoring Program shall serve as the chair of
25the committee.

 

 

10000SB0625sam001- 703 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 704 -LRB100 04131 SMS 22955 a

1        (4) make recommendations for inclusion of these
2    materials or other studies which may be effective resources
3    for prescribers and dispensers on the Internet website of
4    the inquiry system established under Section 318;
5        (5) on at least a quarterly basis, review the content
6    of the Internet website of the inquiry system established
7    pursuant to Section 318 to ensure this Internet website has
8    the most current available information;
9        (6) on at least a quarterly basis, review opportunities
10    for federal grants and other forms of funding to support
11    projects which will increase the number of pilot programs
12    which integrate the inquiry system with electronic health
13    records; and
14        (7) on at least a quarterly basis, review communication
15    to be sent to all registered users of the inquiry system
16    established pursuant to Section 318, including
17    recommendations for relevant accredited continuing
18    education and information regarding prescribing and
19    dispensing.
20    (f) The Clinical Director of the Prescription Monitoring
21Program shall select 5 members, 3 physicians and 2 pharmacists,
22of the Prescription Monitoring Program Advisory Committee to
23serve as members of the peer review subcommittee. The purpose
24of the peer review subcommittee is to advise the Program on
25matters germane to the advisory committee's field of
26competence, establish a formal peer review of professional

 

 

10000SB0625sam001- 705 -LRB100 04131 SMS 22955 a

1performance of prescribers and dispensers, and develop
2communications to transmit to prescribers and dispensers. The
3deliberations, information, and communications of the peer
4review subcommittee are privileged and confidential and shall
5not be disclosed in any manner except in accordance with
6current law.
7        (1) The peer review subcommittee shall periodically
8    review the data contained within the prescription
9    monitoring program to identify those prescribers or
10    dispensers who may be prescribing or dispensing outside the
11    currently accepted standards in the course of their
12    professional practice.
13        (2) The peer review subcommittee may identify
14    prescribers or dispensers who may be prescribing outside
15    the currently accepted medical standards in the course of
16    their professional practice and send the identified
17    prescriber or dispenser a request for information
18    regarding their prescribing or dispensing practices. This
19    request for information shall be sent via certified mail,
20    return receipt requested. A prescriber or dispenser shall
21    have 30 days to respond to the request for information.
22        (3) The peer review subcommittee shall refer a
23    prescriber or a dispenser to the Department of Financial
24    and Professional Regulation in the following situations:
25            (i) if a prescriber or dispenser does not respond
26        to three successive requests for information;

 

 

10000SB0625sam001- 706 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 707 -LRB100 04131 SMS 22955 a

1    review subcommittee shall not identify any prescriber,
2    dispenser, or patient.
3(Source: P.A. 99-480, eff. 9-9-15.)
 
4    Section 325. The Code of Civil Procedure is amended by
5changing Section 8-2001 as follows:
 
6    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)
7    Sec. 8-2001. Examination of health care records.
8    (a) In this Section:
9    "Health care facility" or "facility" means a public or
10private hospital, ambulatory surgical treatment center,
11nursing home, independent practice association, or physician
12hospital organization, or any other entity where health care
13services are provided to any person. The term does not include
14a health care practitioner.
15    "Health care practitioner" means any health care
16practitioner, including a physician, dentist, podiatric
17physician, advanced practice registered nurse, physician
18assistant, clinical psychologist, or clinical social worker.
19The term includes a medical office, health care clinic, health
20department, group practice, and any other organizational
21structure for a licensed professional to provide health care
22services. The term does not include a health care facility.
23    (b) Every private and public health care facility shall,
24upon the request of any patient who has been treated in such

 

 

10000SB0625sam001- 708 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 709 -LRB100 04131 SMS 22955 a

1pictures and plates, kept in connection with the treatment of
2such patient.
3    (d) A request for copies of the records shall be in writing
4and shall be delivered to the administrator or manager of such
5health care facility or to the health care practitioner. The
6person (including patients, health care practitioners and
7attorneys) requesting copies of records shall reimburse the
8facility or the health care practitioner at the time of such
9copying for all reasonable expenses, including the costs of
10independent copy service companies, incurred in connection
11with such copying not to exceed a $20 handling charge for
12processing the request and the actual postage or shipping
13charge, if any, plus: (1) for paper copies 75 cents per page
14for the first through 25th pages, 50 cents per page for the
1526th through 50th pages, and 25 cents per page for all pages in
16excess of 50 (except that the charge shall not exceed $1.25 per
17page for any copies made from microfiche or microfilm; records
18retrieved from scanning, digital imaging, electronic
19information or other digital format do not qualify as
20microfiche or microfilm retrieval for purposes of calculating
21charges); and (2) for electronic records, retrieved from a
22scanning, digital imaging, electronic information or other
23digital format in an electronic document, a charge of 50% of
24the per page charge for paper copies under subdivision (d)(1).
25This per page charge includes the cost of each CD Rom, DVD, or
26other storage media. Records already maintained in an

 

 

10000SB0625sam001- 710 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 711 -LRB100 04131 SMS 22955 a

1health care practitioner must provide the requesting party with
2a written statement of the reasons for the delay and the date
3by which the requested information will be provided. In any
4event, the facility or health care practitioner must provide
5the requested information no later than 60 days after receiving
6the request.
7    (f) A health care facility or health care practitioner must
8provide the public with at least 30 days prior notice of the
9closure of the facility or the health care practitioner's
10practice. The notice must include an explanation of how copies
11of the facility's records may be accessed by patients. The
12notice may be given by publication in a newspaper of general
13circulation in the area in which the health care facility or
14health care practitioner is located.
15    (g) Failure to comply with the time limit requirement of
16this Section shall subject the denying party to expenses and
17reasonable attorneys' fees incurred in connection with any
18court ordered enforcement of the provisions of this Section.
19(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12;
2098-214, eff. 8-9-13; 98-756, eff. 7-16-14.)
 
21    Section 330. The Good Samaritan Act is amended by changing
22Sections 30, 34, and 68 as follows:
 
23    (745 ILCS 49/30)
24    Sec. 30. Free medical clinic; exemption from civil

 

 

10000SB0625sam001- 712 -LRB100 04131 SMS 22955 a

1liability for services performed without compensation.
2    (a) A person licensed under the Medical Practice Act of
31987, a person licensed to practice the treatment of human
4ailments in any other state or territory of the United States,
5or a health care professional, including but not limited to an
6advanced practice registered nurse, physician assistant,
7nurse, pharmacist, physical therapist, podiatric physician, or
8social worker licensed in this State or any other state or
9territory of the United States, who, in good faith, provides
10medical treatment, diagnosis, or advice as a part of the
11services of an established free medical clinic providing care
12to medically indigent patients which is limited to care that
13does not require the services of a licensed hospital or
14ambulatory surgical treatment center and who receives no fee or
15compensation from that source shall not be liable for civil
16damages as a result of his or her acts or omissions in
17providing that medical treatment, except for willful or wanton
18misconduct.
19    (b) For purposes of this Section, a "free medical clinic"
20is:
21        (1) an organized community based program providing
22    medical care without charge to individuals unable to pay
23    for it, at which the care provided does not include the use
24    of general anesthesia or require an overnight stay in a
25    health-care facility; or
26        (2) a program organized by a certified local health

 

 

10000SB0625sam001- 713 -LRB100 04131 SMS 22955 a

1    department pursuant to Part 600 of Title 77 of the Illinois
2    Administrative Code, utilizing health professional members
3    of the Volunteer Medical Reserve Corps (the federal
4    organization under 42 U.S.C. 300hh-15) providing medical
5    care without charge to individuals unable to pay for it, at
6    which the care provided does not include an overnight stay
7    in a health-care facility.
8    (c) The provisions of subsection (a) of this Section do not
9apply to a particular case unless the free medical clinic has
10posted in a conspicuous place on its premises an explanation of
11the exemption from civil liability provided herein.
12    (d) The immunity from civil damages provided under
13subsection (a) also applies to physicians, hospitals, and other
14health care providers that provide further medical treatment,
15diagnosis, or advice to a patient upon referral from an
16established free medical clinic without fee or compensation.
17    (e) Nothing in this Section prohibits a free medical clinic
18from accepting voluntary contributions for medical services
19provided to a patient who has acknowledged his or her ability
20and willingness to pay a portion of the value of the medical
21services provided.
22    Any voluntary contribution collected for providing care at
23a free medical clinic shall be used only to pay overhead
24expenses of operating the clinic. No portion of any moneys
25collected shall be used to provide a fee or other compensation
26to any person licensed under Medical Practice Act of 1987.

 

 

10000SB0625sam001- 714 -LRB100 04131 SMS 22955 a

1    (f) The changes to this Section made by this amendatory Act
2of the 99th General Assembly apply only to causes of action
3accruing on or after the effective date of this amendatory Act
4of the 99th General Assembly.
5(Source: P.A. 98-214, eff. 8-9-13; 99-42, eff. 1-1-16.)
 
6    (745 ILCS 49/34)
7    Sec. 34. Advanced practice registered nurse; exemption
8from civil liability for emergency care. A person licensed as
9an advanced practice registered nurse under the Nurse Practice
10Act who in good faith provides emergency care without fee to a
11person shall not be liable for civil damages as a result of his
12or her acts or omissions, except for willful or wanton
13misconduct on the part of the person in providing the care.
14(Source: P.A. 95-639, eff. 10-5-07.)
 
15    (745 ILCS 49/68)
16    Sec. 68. Disaster Relief Volunteers. Any firefighter,
17licensed emergency medical technician (EMT) as defined by
18Section 3.50 of the Emergency Medical Services (EMS) Systems
19Act, physician, dentist, podiatric physician, optometrist,
20pharmacist, advanced practice registered nurse, physician
21assistant, or nurse who in good faith and without fee or
22compensation provides health care services as a disaster relief
23volunteer shall not, as a result of his or her acts or
24omissions, except willful and wanton misconduct on the part of

 

 

10000SB0625sam001- 715 -LRB100 04131 SMS 22955 a

1the person, in providing health care services, be liable to a
2person to whom the health care services are provided for civil
3damages. This immunity applies to health care services that are
4provided without fee or compensation during or within 10 days
5following the end of a disaster or catastrophic event.
6    The immunity provided in this Section only applies to a
7disaster relief volunteer who provides health care services in
8relief of an earthquake, hurricane, tornado, nuclear attack,
9terrorist attack, epidemic, or pandemic without fee or
10compensation for providing the volunteer health care services.
11    The provisions of this Section shall not apply to any
12health care facility as defined in Section 8-2001 of the Code
13of Civil Procedure or to any practitioner, who is not a
14disaster relief volunteer, providing health care services in a
15hospital or health care facility.
16(Source: P.A. 98-214, eff. 8-9-13.)
 
17    Section 335. The Health Care Surrogate Act is amended by
18changing Section 65 as follows:
 
19    (755 ILCS 40/65)
20    Sec. 65. Department of Public Health Uniform POLST form.
21    (a) An individual of sound mind and having reached the age
22of majority or having obtained the status of an emancipated
23person pursuant to the Emancipation of Minors Act may execute a
24document (consistent with the Department of Public Health

 

 

10000SB0625sam001- 716 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 717 -LRB100 04131 SMS 22955 a

1form or acknowledged his or her signature or mark on the form
2in the witness's presence.
3    (b-5) As used in this Section, "attending health care
4practitioner" means an individual who (1) is an Illinois
5licensed physician, advanced practice registered nurse,
6physician assistant, or licensed resident after completion of
7one year in a program; (2) is selected by or assigned to the
8patient; and (3) has primary responsibility for treatment and
9care of the patient. "POLST" means practitioner orders for
10life-sustaining treatments.
11    (c) Nothing in this Section shall be construed to affect
12the ability of an individual to include instructions in an
13advance directive, such as a power of attorney for health care.
14The uniform form may, but need not, be in the form adopted by
15the Department of Public Health pursuant to Section 2310-600 of
16the Department of Public Health Powers and Duties Law (20 ILCS
172310/2310-600).
18    (d) A health care professional or health care provider may
19presume, in the absence of knowledge to the contrary, that a
20completed Department of Public Health Uniform POLST form, or a
21copy of that form or a previous version of the uniform form, is
22valid. A health care professional or health care provider, or
23an employee of a health care professional or health care
24provider, who in good faith complies with a cardiopulmonary
25resuscitation (CPR) or life-sustaining treatment order,
26Department of Public Health Uniform POLST form, or a previous

 

 

10000SB0625sam001- 718 -LRB100 04131 SMS 22955 a

1version of the uniform form made in accordance with this Act is
2not, as a result of that compliance, subject to any criminal or
3civil liability, except for willful and wanton misconduct, and
4may not be found to have committed an act of unprofessional
5conduct.
6    (e) Nothing in this Section or this amendatory Act of the
794th General Assembly or this amendatory Act of the 98th
8General Assembly shall be construed to affect the ability of a
9physician or other practitioner to make a do-not-resuscitate
10order.
11(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.)
 
12    Section 340. The Illinois Power of Attorney Act is amended
13by changing Sections 4-5.1 and 4-10 as follows:
 
14    (755 ILCS 45/4-5.1)
15    Sec. 4-5.1. Limitations on who may witness health care
16agencies.
17    (a) Every health care agency shall bear the signature of a
18witness to the signing of the agency. No witness may be under
1918 years of age. None of the following licensed professionals
20providing services to the principal may serve as a witness to
21the signing of a health care agency:
22        (1) the attending physician, advanced practice
23    registered nurse, physician assistant, dentist, podiatric
24    physician, optometrist, or psychologist of the principal,

 

 

10000SB0625sam001- 719 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 720 -LRB100 04131 SMS 22955 a

1power is not intended to be exclusive nor to cover delegation
2of a parent's power to control the health care of a minor
3child, and no provision of this Article shall be construed to
4invalidate or bar use by the principal of any other or
5different form of power of attorney for health care.
6Nonstatutory health care powers must be executed by the
7principal, designate the agent and the agent's powers, and
8comply with the limitations in Section 4-5 of this Article, but
9they need not be witnessed or conform in any other respect to
10the statutory health care power.
11    No specific format is required for the statutory health
12care power of attorney other than the notice must precede the
13form. The statutory health care power may be included in or
14combined with any other form of power of attorney governing
15property or other matters.
16    (b) The Illinois Statutory Short Form Power of Attorney for
17Health Care shall be substantially as follows:
 
18
NOTICE TO THE INDIVIDUAL SIGNING
19
THE POWER OF ATTORNEY FOR HEALTH CARE
20    No one can predict when a serious illness or accident might
21occur. When it does, you may need someone else to speak or make
22health care decisions for you. If you plan now, you can
23increase the chances that the medical treatment you get will be
24the treatment you want.
25    In Illinois, you can choose someone to be your "health care

 

 

10000SB0625sam001- 721 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 722 -LRB100 04131 SMS 22955 a

1is important to talk with your agent and your family about such
2things as:
3        (i) What is most important to you in your life?
4        (ii) How important is it to you to avoid pain and
5    suffering?
6        (iii) If you had to choose, is it more important to you
7    to live as long as possible, or to avoid prolonged
8    suffering or disability?
9        (iv) Would you rather be at home or in a hospital for
10    the last days or weeks of your life?
11        (v) Do you have religious, spiritual, or cultural
12    beliefs that you want your agent and others to consider?
13        (vi) Do you wish to make a significant contribution to
14    medical science after your death through organ or whole
15    body donation?
16        (vii) Do you have an existing advanced directive, such
17    as a living will, that contains your specific wishes about
18    health care that is only delaying your death? If you have
19    another advance directive, make sure to discuss with your
20    agent the directive and the treatment decisions contained
21    within that outline your preferences. Make sure that your
22    agent agrees to honor the wishes expressed in your advance
23    directive.
 
24
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
25    If there is ever a period of time when your physician

 

 

10000SB0625sam001- 723 -LRB100 04131 SMS 22955 a

1determines that you cannot make your own health care decisions,
2or if you do not want to make your own decisions, some of the
3decisions your agent could make are to:
4        (i) talk with physicians and other health care
5    providers about your condition.
6        (ii) see medical records and approve who else can see
7    them.
8        (iii) give permission for medical tests, medicines,
9    surgery, or other treatments.
10        (iv) choose where you receive care and which physicians
11    and others provide it.
12        (v) decide to accept, withdraw, or decline treatments
13    designed to keep you alive if you are near death or not
14    likely to recover. You may choose to include guidelines
15    and/or restrictions to your agent's authority.
16        (vi) agree or decline to donate your organs or your
17    whole body if you have not already made this decision
18    yourself. This could include donation for transplant,
19    research, and/or education. You should let your agent know
20    whether you are registered as a donor in the First Person
21    Consent registry maintained by the Illinois Secretary of
22    State or whether you have agreed to donate your whole body
23    for medical research and/or education.
24        (vii) decide what to do with your remains after you
25    have died, if you have not already made plans.
26        (viii) talk with your other loved ones to help come to

 

 

10000SB0625sam001- 724 -LRB100 04131 SMS 22955 a

1    a decision (but your designated agent will have the final
2    say over your other loved ones).
3    Your agent is not automatically responsible for your health
4care expenses.
 
5
WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
6    You can pick a family member, but you do not have to. Your
7agent will have the responsibility to make medical treatment
8decisions, even if other people close to you might urge a
9different decision. The selection of your agent should be done
10carefully, as he or she will have ultimate decision-making
11authority for your treatment decisions once you are no longer
12able to voice your preferences. Choose a family member, friend,
13or other person who:
14        (i) is at least 18 years old;
15        (ii) knows you well;
16        (iii) you trust to do what is best for you and is
17    willing to carry out your wishes, even if he or she may not
18    agree with your wishes;
19        (iv) would be comfortable talking with and questioning
20    your physicians and other health care providers;
21        (v) would not be too upset to carry out your wishes if
22    you became very sick; and
23        (vi) can be there for you when you need it and is
24    willing to accept this important role.
 

 

 

10000SB0625sam001- 725 -LRB100 04131 SMS 22955 a

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

 

 

10000SB0625sam001- 726 -LRB100 04131 SMS 22955 a

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

 

 

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1        (vi) Take a copy with you when you go to the hospital.
2        (vii) Show it to your family and friends and others who
3    care for you.
 
4
WHAT IF I CHANGE MY MIND?
5    You may change your mind at any time. If you do, tell
6someone who is at least 18 years old that you have changed your
7mind, and/or destroy your document and any copies. If you wish,
8fill out a new form and make sure everyone you gave the old
9form to has a copy of the new one, including, but not limited
10to, your agents and your physicians.
 
11
WHAT IF I DO NOT WANT TO USE THIS FORM?
12    In the event you do not want to use the Illinois statutory
13form provided here, any document you complete must be executed
14by you, designate an agent who is over 18 years of age and not
15prohibited from serving as your agent, and state the agent's
16powers, but it need not be witnessed or conform in any other
17respect to the statutory health care power.
18    If you have questions about the use of any form, you may
19want to consult your physician, other health care provider,
20and/or an attorney.
 
21
MY POWER OF ATTORNEY FOR HEALTH CARE

 
22THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY

 

 

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1FOR HEALTH CARE. (You must sign this form and a witness must
2also sign it before it is valid)
 
3My name (Print your full name):..........
4My address:..................................................
 
5I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
6(an agent is your personal representative under state and
7federal law):
8(Agent name).................
9(Agent address).............
10(Agent phone number).........................................
 
11(Please check box if applicable) .... If a guardian of my
12person is to be appointed, I nominate the agent acting under
13this power of attorney as guardian.
 
14SUCCESSOR HEALTH CARE AGENT(S) (optional):
15    If the agent I selected is unable or does not want to make
16health care decisions for me, then I request the person(s) I
17name below to be my successor health care agent(s). Only one
18person at a time can serve as my agent (add another page if you
19want to add more successor agent names):
20.....................
21(Successor agent #1 name, address and phone number)
22..........

 

 

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

 

 

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1        (If no box is checked, then the box above shall be
2    implemented.) OR
3    .... Make decisions for me only when I cannot make them for
4    myself. The physician(s) taking care of me will determine
5    when I lack this ability. Starting now, for the purpose of
6    assisting me with my health care plans and decisions, my
7    agent shall have complete access to my medical and mental
8    health records, the authority to share them with others as
9    needed, and the complete ability to communicate with my
10    personal physician(s) and other health care providers,
11    including the ability to require an opinion of my physician
12    as to whether I lack the ability to make decisions for
13    myself. OR
14    .... Make decisions for me starting now and continuing
15    after I am no longer able to make them for myself. While I
16    am still able to make my own decisions, I can still do so
17    if I want to.
 
18    The subject of life-sustaining treatment is of particular
19importance. Life-sustaining treatments may include tube
20feedings or fluids through a tube, breathing machines, and CPR.
21In general, in making decisions concerning life-sustaining
22treatment, your agent is instructed to consider the relief of
23suffering, the quality as well as the possible extension of
24your life, and your previously expressed wishes. Your agent
25will weigh the burdens versus benefits of proposed treatments

 

 

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

 

 

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1decision you could make to obtain or terminate any type of
2health care. If you wish to limit the scope of your agent's
3powers or prescribe special rules or limit the power to
4authorize autopsy or dispose of remains, you may do so
5specifically in this form.
6..................................
7..............................
 
8My signature:..................
9Today's date:................................................
 
10HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
11COMPLETE THE SIGNATURE PORTION:
12    I am at least 18 years old. (check one of the options
13below):
14    .... I saw the principal sign this document, or
15    .... the principal told me that the signature or mark on
16    the principal signature line is his or hers.
17    I am not the agent or successor agent(s) named in this
18document. I am not related to the principal, the agent, or the
19successor agent(s) by blood, marriage, or adoption. I am not
20the principal's physician, advanced practice registered nurse,
21dentist, podiatric physician, optometrist, psychologist, or a
22relative of one of those individuals. I am not an owner or
23operator (or the relative of an owner or operator) of the
24health care facility where the principal is a patient or

 

 

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1resident.
2Witness printed name:............
3Witness address:..............
4Witness signature:...............
5Today's date:................................................
 
6    (c) The statutory short form power of attorney for health
7care (the "statutory health care power") authorizes the agent
8to make any and all health care decisions on behalf of the
9principal which the principal could make if present and under
10no disability, subject to any limitations on the granted powers
11that appear on the face of the form, to be exercised in such
12manner as the agent deems consistent with the intent and
13desires of the principal. The agent will be under no duty to
14exercise granted powers or to assume control of or
15responsibility for the principal's health care; but when
16granted powers are exercised, the agent will be required to use
17due care to act for the benefit of the principal in accordance
18with the terms of the statutory health care power and will be
19liable for negligent exercise. The agent may act in person or
20through others reasonably employed by the agent for that
21purpose but may not delegate authority to make health care
22decisions. The agent may sign and deliver all instruments,
23negotiate and enter into all agreements and do all other acts
24reasonably necessary to implement the exercise of the powers
25granted to the agent. Without limiting the generality of the

 

 

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1foregoing, the statutory health care power shall include the
2following powers, subject to any limitations appearing on the
3face of the form:
4        (1) The agent is authorized to give consent to and
5    authorize or refuse, or to withhold or withdraw consent to,
6    any and all types of medical care, treatment or procedures
7    relating to the physical or mental health of the principal,
8    including any medication program, surgical procedures,
9    life-sustaining treatment or provision of food and fluids
10    for the principal.
11        (2) The agent is authorized to admit the principal to
12    or discharge the principal from any and all types of
13    hospitals, institutions, homes, residential or nursing
14    facilities, treatment centers and other health care
15    institutions providing personal care or treatment for any
16    type of physical or mental condition. The agent shall have
17    the same right to visit the principal in the hospital or
18    other institution as is granted to a spouse or adult child
19    of the principal, any rule of the institution to the
20    contrary notwithstanding.
21        (3) The agent is authorized to contract for any and all
22    types of health care services and facilities in the name of
23    and on behalf of the principal and to bind the principal to
24    pay for all such services and facilities, and to have and
25    exercise those powers over the principal's property as are
26    authorized under the statutory property power, to the

 

 

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1    extent the agent deems necessary to pay health care costs;
2    and the agent shall not be personally liable for any
3    services or care contracted for on behalf of the principal.
4        (4) At the principal's expense and subject to
5    reasonable rules of the health care provider to prevent
6    disruption of the principal's health care, the agent shall
7    have the same right the principal has to examine and copy
8    and consent to disclosure of all the principal's medical
9    records that the agent deems relevant to the exercise of
10    the agent's powers, whether the records relate to mental
11    health or any other medical condition and whether they are
12    in the possession of or maintained by any physician,
13    psychiatrist, psychologist, therapist, hospital, nursing
14    home or other health care provider. The authority under
15    this paragraph (4) applies to any information governed by
16    the Health Insurance Portability and Accountability Act of
17    1996 ("HIPAA") and regulations thereunder. The agent
18    serves as the principal's personal representative, as that
19    term is defined under HIPAA and regulations thereunder.
20        (5) The agent is authorized: to direct that an autopsy
21    be made pursuant to Section 2 of "An Act in relation to
22    autopsy of dead bodies", approved August 13, 1965,
23    including all amendments; to make a disposition of any part
24    or all of the principal's body pursuant to the Illinois
25    Anatomical Gift Act, as now or hereafter amended; and to
26    direct the disposition of the principal's remains.

 

 

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1        (6) At any time during which there is no executor or
2    administrator appointed for the principal's estate, the
3    agent is authorized to continue to pursue an application or
4    appeal for government benefits if those benefits were
5    applied for during the life of the principal.
6    (d) A physician may determine that the principal is unable
7to make health care decisions for himself or herself only if
8the principal lacks decisional capacity, as that term is
9defined in Section 10 of the Health Care Surrogate Act.
10    (e) If the principal names the agent as a guardian on the
11statutory short form, and if a court decides that the
12appointment of a guardian will serve the principal's best
13interests and welfare, the court shall appoint the agent to
14serve without bond or security.
15(Source: P.A. 98-1113, eff. 1-1-15; 99-328, eff. 1-1-16.)
 
16    Section 995. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.
 
23    Section 999. Effective date. This Act takes effect upon
24becoming law.".