101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2500

 

Introduced 1/28/2020, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends and repeals various Acts by abolishing various State governmental entities to effect changes in the statutes to conform the statutes to the changes in law made by Executive Order 2018-11 and by making other conforming changes. Effective immediately.


LRB101 11855 RLC 58807 b

 

 

A BILL FOR

 

SB2500LRB101 11855 RLC 58807 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act effects the changes in the statutes
5that are necessary to conform the statutes to the changes in
6law made by Executive Order 2018-11. Any transitional matter
7concerning an entity abolished in this Act that has not been
8completed on the effective date of this Act shall be completed
9in accordance with Sections II and IV of Executive Order
102018-11.
 
11    Section 5. The State Agency Web Site Act is amended by
12changing Section 10 as follows:
 
13    (5 ILCS 177/10)
14    Sec. 10. Cookies and other invasive tracking programs.
15    (a) Except as otherwise provided in subsection (b), State
16agency Web sites may not use permanent cookies or any other
17invasive tracking programs that monitor and track Web site
18viewing habits; however, a State agency Web site may use
19transactional cookies that facilitate business transactions.
20    (b) Permanent cookies used by State agency Web sites may be
21exempt from the prohibition in subsection (a) if they meet the
22following criteria:

 

 

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1        (1) The use of permanent cookies adds value to the user
2    otherwise not available;
3        (2) The permanent cookies are not used to monitor and
4    track web site viewing habits unless all types of
5    information collected and the State's use of that
6    information add user value and are disclosed through a
7    comprehensive online privacy statement.
8The Internet Privacy Task Force established under Section 15
9shall define the exemption and limitations of this subsection
10(b) in practice.
11(Source: P.A. 93-117, eff. 1-1-04.)
 
12    (5 ILCS 177/15 rep.)
13    Section 10. The State Agency Web Site Act is amended by
14repealing Section 15.
 
15    Section 15. The Department of Commerce and Economic
16Opportunity Law of the Civil Administrative Code of Illinois is
17amended by changing Sections 605-300 and 605-600 as follows:
 
18    (20 ILCS 605/605-300)  (was 20 ILCS 605/46.2)
19    Sec. 605-300. Economic and business development plans;
20Illinois Business Development Council. (a) Economic
21development plans. The Department shall develop a strategic
22economic development plan for the State by July 1, 2014. By no
23later than July 1, 2015, and by July 1 annually thereafter, the

 

 

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1Department shall make modifications to the plan as
2modifications are warranted by changes in economic conditions
3or by other factors, including changes in policy. In addition
4to the annual modification, the plan shall be reviewed and
5redeveloped in full every 5 years. In the development of the
6annual economic development plan, the Department shall consult
7with representatives of the private sector, other State
8agencies, academic institutions, local economic development
9organizations, local governments, and not-for-profit
10organizations. The annual economic development plan shall set
11specific, measurable, attainable, relevant, and time-sensitive
12goals and shall include a focus on areas of high unemployment
13or poverty.
14    The term "economic development" shall be construed broadly
15by the Department and may include, but is not limited to, job
16creation, job retention, tax base enhancements, development of
17human capital, workforce productivity, critical
18infrastructure, regional competitiveness, social inclusion,
19standard of living, environmental sustainability, energy
20independence, quality of life, the effective use of financial
21incentives, the utilization of public private partnerships
22where appropriate, and other metrics determined by the
23Department.
24    The plan shall be based on relevant economic data, focus on
25economic development as prescribed by this Section, and
26emphasize strategies to retain and create jobs.

 

 

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1    The plan shall identify and develop specific strategies for
2utilizing the assets of regions within the State defined as
3counties and municipalities or other political subdivisions in
4close geographical proximity that share common economic traits
5such as commuting zones, labor market areas, or other
6economically integrated characteristics.
7    If the plan includes strategies that have a fiscal impact
8on the Department or any other agency, the plan shall include a
9detailed description of the estimated fiscal impact of such
10strategies.
11    Prior to publishing the plan in its final form, the
12Department shall allow for a reasonable time for public input.
13    The Department shall transmit copies of the economic
14development plan to the Governor and the General Assembly no
15later than July 1, 2014, and by July 1 annually thereafter. The
16plan and its corresponding modifications shall be published and
17made available to the public in both paper and electronic
18media, on the Department's website, and by any other method
19that the Department deems appropriate.
20    The Department shall annually submit legislation to
21implement the strategic economic development plan or
22modifications to the strategic economic development plan to the
23Governor, the President and Minority Leader of the Senate, and
24the Speaker and the Minority Leader of the House of
25Representatives. The legislation shall be in the form of one or
26more substantive bills drafted by the Legislative Reference

 

 

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1Bureau.
2    (b) Business development plans; Illinois Business
3Development Council.
4        (1) There is created the Illinois Business Development
5    Council, hereinafter referred to as the Council. The
6    Council shall consist of the Director, who shall serve as
7    co-chairperson, and 12 voting members who shall be
8    appointed by the Governor with the advice and consent of
9    the Senate.
10            (A) The voting members of the Council shall include
11        one representative from each of the following
12        businesses and groups: small business, coal,
13        healthcare, large manufacturing, small or specialized
14        manufacturing, agriculture, high technology or applied
15        science, local economic development entities, private
16        sector organized labor, a local or state business
17        association or chamber of commerce.
18            (B) There shall be 2 at-large voting members who
19        reside within areas of high unemployment within
20        counties or municipalities that have had an annual
21        average unemployment rate of at least 120% of the
22        State's annual average unemployment rate as reported
23        by the Department of Employment Security for the 5
24        years preceding the date of appointment.
25        (2) All appointments shall be made in a geographically
26    diverse manner.

 

 

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1        (3) For the initial appointments to the Council, 6
2    voting members shall be appointed to serve a 2-year term
3    and 6 voting members shall be appointed to serve a 4-year
4    term. Thereafter, all appointments shall be for terms of 4
5    years. The initial term of voting members shall commence on
6    the first Wednesday in February 2014. Thereafter, the terms
7    of voting members shall commence on the first Wednesday in
8    February, except in the case of an appointment to fill a
9    vacancy. Vacancies occurring among the members shall be
10    filled in the same manner as the original appointment for
11    the remainder of the unexpired term. For a vacancy
12    occurring when the Senate is not in session, the Governor
13    may make a temporary appointment until the next meeting of
14    the Senate when a person shall be nominated to fill the
15    office, and, upon confirmation by the Senate, he or she
16    shall hold office during the remainder of the term. A
17    vacancy in membership does not impair the ability of a
18    quorum to exercise all rights and perform all duties of the
19    Council. A member is eligible for reappointment.
20        (4) Members shall serve without compensation, but may
21    be reimbursed for necessary expenses incurred in the
22    performance of their duties from funds appropriated for
23    that purpose.
24        (5) In addition, the following shall serve as ex
25    officio, non-voting members of the Council in order to
26    provide specialized advice and support to the Council: the

 

 

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1    Secretary of Transportation, or his or her designee; the
2    Director of Employment Security, or his or her designee;
3    the Executive Director of the Illinois Finance Authority,
4    or his or her designee; the Director of Agriculture, or his
5    or her designee; the Director of Revenue, or his or her
6    designee; the Director of Labor, or his or her designee;
7    and the Director of the Environmental Protection Agency, or
8    his or her designee. Ex officio members shall provide staff
9    and technical assistance to the Council when appropriate.
10        (6) In addition to the Director, the voting members
11    shall elect a co-chairperson.
12        (7) The Council shall meet at least twice annually and
13    at such other times as the co-chairpersons or any 5 voting
14    members consider necessary. Seven voting members shall
15    constitute a quorum of the Council.
16        (8) The Department shall provide staff assistance to
17    the Council.
18        (9) The Council shall provide the Department relevant
19    information in a timely manner pursuant to its duties as
20    enumerated in this Section that can be used by the
21    Department to enhance the State's strategic economic
22    development plan.
23        (10) The Council shall:
24            (A) Develop an overall strategic business
25        development plan for the State of Illinois and update
26        the plan at least annually; that plan shall include,

 

 

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1        without limitation, (i) an assessment of the economic
2        development practices of states that border Illinois
3        and (ii) recommendations for best practices with
4        respect to economic development, business incentives,
5        business attraction, and business retention for
6        counties in Illinois that border at least one other
7        state.
8            (B) Develop business marketing plans for the State
9        of Illinois to effectively solicit new company
10        investment and existing business expansion. Insofar as
11        allowed under the Illinois Procurement Code, and
12        subject to appropriations made by the General Assembly
13        for such purposes, the Council may assist the
14        Department in the procurement of outside vendors to
15        carry out such marketing plans.
16            (C) Seek input from local economic development
17        officials to develop specific strategies to
18        effectively link State and local business development
19        and marketing efforts focusing on areas of high
20        unemployment or poverty.
21            (D) Provide the Department with advice on
22        strategic business development and business marketing
23        for the State of Illinois.
24            (E) Provide the Department research and recommend
25        best practices for developing investment tools for
26        business attraction and retention.

 

 

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1(Source: P.A. 98-397, eff. 8-16-13; 98-756, eff. 7-16-14;
298-888, eff. 8-15-14.)
 
3    (20 ILCS 605/605-360 rep.)
4    (20 ILCS 605/605-425 rep.)
5    (20 ILCS 605/605-1000 rep.)
6    Section 20. The Department of Commerce and Economic
7Opportunity Law of the Civil Administrative Code of Illinois is
8amended by repealing Sections 605-360, 605-425, and 605-1000.
 
9    Section 25. The Department of Public Health Powers and
10Duties Law of the Civil Administrative Code of Illinois is
11amended by changing Section 2310-376 as follows:
 
12    (20 ILCS 2310/2310-376)
13    Sec. 2310-376. Hepatitis education and outreach.
14    (a) The Illinois General Assembly finds and declares the
15following:
16        (1) The World Health Organization characterizes
17    hepatitis as a disease of primary concern to humanity.
18        (2) Hepatitis is considered a silent killer; no
19    recognizable signs or symptoms occur until severe liver
20    damage has occurred.
21        (3) Studies indicate that nearly 4 million Americans
22    (1.8 percent of the population) carry the virus HCV that
23    causes the disease.

 

 

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1        (4) 30,000 acute new infections occur each year in the
2    United States, and only 25 to 30 percent are diagnosed.
3        (5) 8,000 to 10,000 Americans die from the disease each
4    year.
5        (6) 200,000 Illinois residents may be carriers and
6    could develop the debilitating and potentially deadly
7    liver disease.
8        (7) Inmates of correctional facilities have a higher
9    incidence of hepatitis and, upon their release, present a
10    significant health risk to the general population.
11        (8) Illinois members of the armed services are subject
12    to an increased risk of contracting hepatitis due to their
13    possible receipt of contaminated blood during a
14    transfusion occurring for the treatment of wounds and due
15    to their service in areas of the World where the disease is
16    more prevalent and healthcare is less capable of detecting
17    and treating the disease. Many of these service members are
18    unaware of the danger of hepatitis and their increased risk
19    of contracting the disease.
20    (b) Subject to appropriation, the Department shall conduct
21an education and outreach campaign, in addition to its overall
22effort to prevent infectious disease in Illinois, in order to
23raise awareness about and promote prevention of hepatitis.
24    (c) Subject to appropriation, in addition to the education
25and outreach campaign provided in subsection (b), the
26Department shall develop and make available to physicians,

 

 

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1other health care providers, members of the armed services, and
2other persons subject to an increased risk of contracting
3hepatitis, educational materials, in written and electronic
4forms, on the diagnosis, treatment, and prevention of the
5disease. These materials shall include the recommendations of
6the federal Centers for Disease Control and Prevention and any
7other persons or entities determined by the Department to have
8particular expertise on hepatitis, including the American
9Liver Foundation. These materials shall be written in terms
10that are understandable by members of the general public.
11    (d) The Department shall establish an Advisory Council on
12Hepatitis to develop a hepatitis prevention plan. The
13Department shall specify the membership, members' terms,
14provisions for removal of members, chairmen, and purpose of the
15Advisory Council. The Advisory Council shall consist of one
16representative from each of the following State agencies or
17offices, appointed by the head of each agency or office:
18        (1) The Department of Public Health.
19        (2) The Department of Public Aid.
20        (3) The Department of Corrections.
21        (4) The Department of Veterans' Affairs.
22        (5) The Department on Aging.
23        (6) The Department of Human Services.
24        (7) The Department of State Police.
25        (8) The office of the State Fire Marshal.
26    The Director shall appoint representatives of

 

 

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1organizations and advocates in the State of Illinois,
2including, but not limited to, the American Liver Foundation.
3The Director shall also appoint interested members of the
4public, including consumers and providers of health services
5and representatives of local public health agencies, to provide
6recommendations and information to the members of the Advisory
7Council. Members of the Advisory Council shall serve on a
8voluntary, unpaid basis and are not entitled to reimbursement
9for mileage or other costs they incur in connection with
10performing their duties.
11(Source: P.A. 93-129, eff. 1-1-04; 94-406, eff. 8-2-05.)
 
12    (20 ILCS 2310/2310-76 rep.)
13    (20 ILCS 2310/2310-77 rep.)
14    (20 ILCS 2310/2310-349 rep.)
15    (20 ILCS 2310/2310-560 rep.)
16    Section 30. The Department of Public Health Powers and
17Duties Law of the Civil Administrative Code of Illinois is
18amended by repealing Sections 2310-76, 2310-77, 2310-349, and
192310-560.
 
20    Section 35. The Comprehensive Healthcare Workforce
21Planning Act is amended by changing Sections 5, 10, and 20 as
22follows:
 
23    (20 ILCS 2325/5)

 

 

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1    Sec. 5. Definition Definitions. As used in this Act, :
2"Council" means the State Healthcare Workforce Council created
3by this Act. "Department" means the Department of Public
4Health.
5(Source: P.A. 97-424, eff. 7-1-12.)
 
6    (20 ILCS 2325/10)
7    Sec. 10. Purpose. Implementation of this Act is entirely
8subject to the availability and appropriation of funds from
9federal grant money applied for by the Department of Public
10Health. The State Healthcare Workforce Council is hereby
11established to provide an ongoing assessment of healthcare
12workforce trends, training issues, and financing policies, and
13to recommend appropriate State government and private sector
14efforts to address identified needs. The work of the Council
15shall focus on: healthcare workforce supply and distribution;
16cultural competence and minority participation in health
17professions education; primary care training and practice; and
18data evaluation and analysis. The Council shall work in
19coordination with the State Health Improvement Plan
20Implementation Coordination Council to ensure alignment with
21the State Health Improvement Plan.
22(Source: P.A. 97-424, eff. 7-1-12.)
 
23    (20 ILCS 2325/20)
24    Sec. 20. Five-year comprehensive healthcare workforce

 

 

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1plan.
2    (a) Every 5 years, the Department, in cooperation with the
3Council, shall prepare a comprehensive healthcare workforce
4plan.
5    (b) The comprehensive healthcare workforce plan shall
6include, but need not be limited to, the following:
7        (1) 25-year projections of the demand and supply of
8    health professionals to meet the needs of healthcare within
9    the State.
10        (2) The identification of all funding sources for which
11    the State has administrative control that are available for
12    health professions training.
13        (3) Recommendations on how to rationalize and
14    coordinate the State-supported programs for health
15    professions training.
16        (4) Recommendations on actions needed to meet the
17    projected demand for health professionals over the 25 years
18    of the plan.
19    (c) Each year in which a comprehensive healthcare workforce
20plan is not due, the Department, on behalf of the Council,
21shall prepare a report by July 1 of that year to the Governor
22and the General Assembly on the progress made toward achieving
23the projected goals of the current comprehensive healthcare
24workforce plan during the previous calendar year.
25    (d) The Department shall provide staffing to the Council.
26(Source: P.A. 97-424, eff. 7-1-12.)
 

 

 

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1    (20 ILCS 2325/15 rep.)
2    (20 ILCS 2325/25 rep.)
3    Section 37. The Comprehensive Healthcare Workforce
4Planning Act is amended by repealing Sections 15 and 25.
 
5    (20 ILCS 2407/Art. 2 rep.)
6    Section 39. The Disabilities Services Act of 2003 is
7amended by repealing Article 2.
 
8    Section 40. The Disabilities Services Act of 2003 is
9amended by changing Section 53 as follows:
 
10    (20 ILCS 2407/53)
11    Sec. 53. Rebalancing benchmarks.
12    (a) Illinois' long-term care system is in a state of
13transformation, as evidenced by the creation and subsequent
14work products of the Disability Services Advisory Committee,
15Older Adult Services Advisory Committee, Housing Task Force and
16other executive and legislative branch initiatives.
17    (b) Illinois' Money Follows the Person demonstration
18approval capitalizes on this progress and commits the State to
19transition approximately 3,357 older persons and persons with
20developmental, physical or psychiatric disabilities from
21institutional to home and community-based settings, resulting
22in an increased percentage of long-term care community spending

 

 

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1over the next 5 years.
2    (c) The State will endeavor to increase the percentage of
3community-based long-term care spending over the next 5 years
4according to the following timeline:
5        Estimated baseline: 28.5%
6        Year 1: 30%
7        Year 2: 31%
8        Year 3: 32%
9        Year 4: 35%
10        Year 5: 37%
11    (d) The Departments will utilize interagency agreements
12and will seek legislative authority to implement a Money
13Follows the Person budgetary mechanism to allocate or
14reallocate funds for the purpose of expanding the availability,
15quality or stability of home and community-based long-term care
16services and supports for persons with disabilities.
17    (e) The allocation of public funds for home and
18community-based long-term care services shall not have the
19effect of: (i) diminishing or reducing the quality of services
20available to residents of long-term care facilities; (ii)
21forcing any residents of long-term care facilities to
22involuntarily accept home and community-based long-term care
23services, or causing any residents of long-term care facilities
24to be involuntarily transferred or discharged; (iii) causing
25reductions in long-term care facility reimbursement rates in
26effect as of July 1, 2008; or (iv) diminishing access to a full

 

 

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1array of long-term care options.
2(Source: P.A. 95-438, eff. 1-1-08.)
 
3    Section 43. The Nuclear Safety Law of 2004 is amended by
4changing Section 10 as follows:
 
5    (20 ILCS 3310/10)
6    Sec. 10. Nuclear and radioactive materials disposal. The
7Illinois Emergency Management Agency shall formulate a
8comprehensive plan regarding disposal of nuclear and
9radioactive materials in this State. The Illinois Emergency
10Management Agency shall establish minimum standards for
11disposal sites, shall evaluate and publicize potential effects
12on the public health and safety, and shall report to the
13Governor and General Assembly all violations of the adopted
14standards. In carrying out this function, the Illinois
15Emergency Management Agency shall work in cooperation with the
16Radiation Protection Advisory Council.
17(Source: P.A. 93-1029, eff. 8-25-04.)
 
18    (20 ILCS 3950/Act rep.)
19    Section 45. The Governor's Council on Health and Physical
20Fitness Act is repealed.
 
21    (20 ILCS 4024/Act rep.)
22    Section 50. The Interstate Sex Offender Task Force Act is

 

 

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1repealed.
 
2    Section 55. The Equity in Long-term Care Quality Act is
3amended by changing Section 20 as follows:
 
4    (30 ILCS 772/20)
5    Sec. 20. Award of grants.
6    (a) Applications for grants must be made in a manner
7prescribed by the Director of Public Health by rule.
8Expenditures made in a manner with any grant, and the results
9therefrom, shall be included (if applicable) in the reports
10filed by the receiver with the court and shall be reported to
11the Department in a manner prescribed by rule and by the
12contract entered into by the grant recipient with the
13Department. An applicant for a grant shall submit to the
14Department, and (if applicable) to the court, a specific plan
15for continuing and increasing adherence to best practices in
16providing high-quality nursing home care once the grant has
17ended.
18    (b) (Blank). The applications must be reviewed and
19recommended by a commission composed of 5 representatives
20chosen from recommendations made by organizations representing
21long-term care facilities in Illinois, a citizen member from
22AARP, one representative from an advocacy organization for
23persons with disabilities, one representative from the
24statewide ombudsman organization, one representative from

 

 

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1academia, one representative from a nursing home residents'
2advocacy organization, one representative from an organization
3with expertise in improving the access of persons in medically
4underserved areas to high-quality medical care, at least 2
5experts in accounting or finance, the Director of Public
6Health, the Director of Aging, and one representative selected
7by the leader of each legislative caucus. With the exception of
8legislative members, members shall be appointed by the Director
9of Public Health.
10    (c) The Director shall award grants based on the
11recommendations of the commission and after a thorough review
12of the compliance history of the applicants.
13(Source: P.A. 96-1372, eff. 7-29-10.)
 
14    Section 60. The Eliminate the Digital Divide Law is amended
15by changing Section 5-30 as follows:
 
16    (30 ILCS 780/5-30)
17    Sec. 5-30. Community Technology Center Grant Program.
18    (a) Subject to appropriation, the Department shall
19administer the Community Technology Center Grant Program under
20which the Department shall make grants in accordance with this
21Article for planning, establishment, administration, and
22expansion of Community Technology Centers and for assisting
23public hospitals, libraries, and park districts in eliminating
24the digital divide. The purposes of the grants shall include,

 

 

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1but not be limited to, volunteer recruitment and management,
2training and instruction, infrastructure, and related goods
3and services, including case management, administration,
4personal information management, and outcome-tracking tools
5and software for the purposes of reporting to the Department
6and for enabling participation in digital government and
7consumer services programs, for Community Technology Centers
8and public hospitals, libraries, and park districts. No
9Community Technology Center may receive a grant of more than
10$75,000 under this Section in a particular fiscal year.
11    (b) Public hospitals, libraries, park districts, and State
12educational agencies, local educational agencies, institutions
13of higher education, senior citizen homes, and other public and
14private nonprofit or for-profit agencies and organizations are
15eligible to receive grants under this Program, provided that a
16local educational agency or public or private educational
17agency or organization must, in order to be eligible to receive
18grants under this Program, provide computer access and
19educational services using information technology to the
20public at one or more of its educational buildings or
21facilities at least 12 hours each week. A group of eligible
22entities is also eligible to receive a grant if the group
23follows the procedures for group applications in 34 CFR
2475.127-129 of the Education Department General Administrative
25Regulations.
26    To be eligible to apply for a grant, a Community Technology

 

 

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1Center must serve a community in which not less than 40% of the
2students are eligible for a free or reduced price lunch under
3the national school lunch program or in which not less than 30%
4of the students are eligible for a free lunch under the
5national school lunch program; however, if funding is
6insufficient to approve all grant applications for a particular
7fiscal year, the Department may impose a higher minimum
8percentage threshold for that fiscal year. Determinations of
9communities and determinations of the percentage of students in
10a community who are eligible for a free or reduced price lunch
11under the national school lunch program shall be in accordance
12with rules adopted by the Department.
13    Any entities that have received a Community Technology
14Center grant under the federal Community Technology Centers
15Program are also eligible to apply for grants under this
16Program.
17    The Department shall provide assistance to Community
18Technology Centers in making those determinations for purposes
19of applying for grants.
20    The Department shall encourage Community Technology
21Centers to participate in public and private computer hardware
22equipment recycling initiatives that provide computers at
23reduced or no cost to low-income families, including programs
24authorized by the State Property Control Act. On an annual
25basis, the Department must provide the Director of Central
26Management Services with a list of Community Technology Centers

 

 

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1that have applied to the Department for funding as potential
2recipients of surplus State-owned computer hardware equipment
3under programs authorized by the State Property Control Act.
4    (c) Grant applications shall be submitted to the Department
5on a schedule of one or more deadlines established by the
6Department by rule.
7    (d) The Department shall adopt rules setting forth the
8required form and contents of grant applications.
9    (e) There is created the Digital Divide Elimination
10Advisory Committee. The advisory committee shall consist of 7
11members appointed one each by the Governor, the President of
12the Senate, the Senate Minority Leader, the Speaker of the
13House, and the House Minority Leader, and 2 appointed by the
14Director of Commerce and Economic Opportunity, one of whom
15shall be a representative of the telecommunications industry
16and one of whom shall represent community technology centers.
17The members of the advisory committee shall receive no
18compensation for their services as members of the advisory
19committee but may be reimbursed for their actual expenses
20incurred in serving on the advisory committee. The Digital
21Divide Elimination Advisory Committee shall advise the
22Department in establishing criteria and priorities for
23identifying recipients of grants under this Act. The advisory
24committee shall obtain advice from the technology industry
25regarding current technological standards. The advisory
26committee shall seek any available federal funding.

 

 

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1    (f) There is created the Digital Divide Elimination Working
2Group. The Working Group shall consist of the Director of
3Commerce and Economic Opportunity, or his or her designee, the
4Director of Central Management Services, or his or her
5designee, and the Executive Director of the Illinois Commerce
6Commission, or his or her designee. The Director of Commerce
7and Economic Opportunity, or his or her designee, shall serve
8as chair of the Working Group. The Working Group shall consult
9with the members of the Digital Divide Elimination Advisory
10Committee and may consult with various groups including, but
11not limited to, telecommunications providers,
12telecommunications-related technology producers and service
13providers, community technology providers, community and
14consumer organizations, businesses and business organizations,
15and federal government agencies.
16    (g) Duties of the Digital Divide Elimination Working Group
17include all of the following:
18        (1) Undertaking a thorough review of grant programs
19    available through the federal government, local agencies,
20    telecommunications providers, and business and charitable
21    entities for the purpose of identifying appropriate
22    sources of revenues for the Digital Divide Elimination Fund
23    and attempting to update available grants on a regular
24    basis.
25        (2) Researching and cataloging programs designed to
26    advance digital literacy and computer access that are

 

 

SB2500- 24 -LRB101 11855 RLC 58807 b

1    available through the federal government, local agencies,
2    telecommunications providers, and business and charitable
3    entities and attempting to update available programs on a
4    regular basis.
5        (3) Presenting the information compiled from items (1)
6    and (2) to the Department of Commerce and Economic
7    Opportunity, which shall serve as a single point of contact
8    for applying for funding for the Digital Divide Elimination
9    Fund and for distributing information to the public
10    regarding all programs designed to advance digital
11    literacy and computer access.
12(Source: P.A. 94-734, eff. 4-28-06; 95-740, eff. 1-1-09.)
 
13    (210 ILCS 25/Art. V rep.)
14    Section 65. The Illinois Clinical Laboratory and Blood Bank
15Act is amended by repealing Article V.
 
16    Section 70. The Hospital Report Card Act is amended by
17changing Section 25 as follows:
 
18    (210 ILCS 86/25)
19    Sec. 25. Hospital reports.
20    (a) Individual hospitals shall prepare a quarterly report
21including all of the following:
22        (1) Nursing hours per patient day, average daily
23    census, and average daily hours worked for each clinical

 

 

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1    service area.
2        (2) Infection-related measures for the facility for
3    the specific clinical procedures and devices determined by
4    the Department by rule under 2 or more of the following
5    categories:
6            (A) Surgical procedure outcome measures.
7            (B) Surgical procedure infection control process
8        measures.
9            (C) Outcome or process measures related to
10        ventilator-associated pneumonia.
11            (D) Central vascular catheter-related bloodstream
12        infection rates in designated critical care units.
13        (3) Information required under paragraph (4) of
14    Section 2310-312 of the Department of Public Health Powers
15    and Duties Law of the Civil Administrative Code of
16    Illinois.
17        (4) Additional infection measures mandated by the
18    Centers for Medicare and Medicaid Services that are
19    reported by hospitals to the Centers for Disease Control
20    and Prevention's National Healthcare Safety Network
21    surveillance system, or its successor, and deemed relevant
22    to patient safety by the Department.
23        (5) Each instance of preterm birth and infant mortality
24    within the reporting period, including the racial and
25    ethnic information of the mothers of those infants.
26        (6) Each instance of maternal mortality within the

 

 

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1    reporting period, including the racial and ethnic
2    information of those mothers.
3    The infection-related measures developed by the Department
4shall be based upon measures and methods developed by the
5Centers for Disease Control and Prevention, the Centers for
6Medicare and Medicaid Services, the Agency for Healthcare
7Research and Quality, the Joint Commission on Accreditation of
8Healthcare Organizations, or the National Quality Forum. The
9Department may align the infection-related measures with the
10measures and methods developed by the Centers for Disease
11Control and Prevention, the Centers for Medicare and Medicaid
12Services, the Agency for Healthcare Research and Quality, the
13Joint Commission on Accreditation of Healthcare Organizations,
14and the National Quality Forum by adding reporting measures
15based on national health care strategies and measures deemed
16scientifically reliable and valid for public reporting. The
17Department shall receive approval from the State Board of
18Health to retire measures deemed no longer scientifically valid
19or valuable for informing quality improvement or infection
20prevention efforts. The Department shall notify the Chairs and
21Minority Spokespersons of the House Human Services Committee
22and the Senate Public Health Committee of its intent to have
23the State Board of Health take action to retire measures no
24later than 7 business days before the meeting of the State
25Board of Health.
26    The Department shall include interpretive guidelines for

 

 

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1infection-related indicators and, when available, shall
2include relevant benchmark information published by national
3organizations.
4    The Department shall collect the information reported
5under paragraphs (5) and (6) and shall use it to illustrate the
6disparity of those occurrences across different racial and
7ethnic groups.
8    (b) Individual hospitals shall prepare annual reports
9including vacancy and turnover rates for licensed nurses per
10clinical service area.
11    (c) None of the information the Department discloses to the
12public may be made available in any form or fashion unless the
13information has been reviewed, adjusted, and validated
14according to the following process:
15        (1) (Blank). The Department shall organize an advisory
16    committee, including representatives from the Department,
17    public and private hospitals, direct care nursing staff,
18    physicians, academic researchers, consumers, health
19    insurance companies, organized labor, and organizations
20    representing hospitals and physicians. The advisory
21    committee must be meaningfully involved in the development
22    of all aspects of the Department's methodology for
23    collecting, analyzing, and disclosing the information
24    collected under this Act, including collection methods,
25    formatting, and methods and means for release and
26    dissemination.

 

 

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1        (2) The entire methodology for collecting and
2    analyzing the data shall be disclosed to all relevant
3    organizations and to all hospitals that are the subject of
4    any information to be made available to the public before
5    any public disclosure of such information.
6        (3) Data collection and analytical methodologies shall
7    be used that meet accepted standards of validity and
8    reliability before any information is made available to the
9    public.
10        (4) The limitations of the data sources and analytic
11    methodologies used to develop comparative hospital
12    information shall be clearly identified and acknowledged,
13    including but not limited to the appropriate and
14    inappropriate uses of the data.
15        (5) To the greatest extent possible, comparative
16    hospital information initiatives shall use standard-based
17    norms derived from widely accepted provider-developed
18    practice guidelines.
19        (6) Comparative hospital information and other
20    information that the Department has compiled regarding
21    hospitals shall be shared with the hospitals under review
22    prior to public dissemination of such information and these
23    hospitals have 30 days to make corrections and to add
24    helpful explanatory comments about the information before
25    the publication.
26        (7) Comparisons among hospitals shall adjust for

 

 

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1    patient case mix and other relevant risk factors and
2    control for provider peer groups, when appropriate.
3        (8) Effective safeguards to protect against the
4    unauthorized use or disclosure of hospital information
5    shall be developed and implemented.
6        (9) Effective safeguards to protect against the
7    dissemination of inconsistent, incomplete, invalid,
8    inaccurate, or subjective hospital data shall be developed
9    and implemented.
10        (10) The quality and accuracy of hospital information
11    reported under this Act and its data collection, analysis,
12    and dissemination methodologies shall be evaluated
13    regularly.
14        (11) Only the most basic identifying information from
15    mandatory reports shall be used, and information
16    identifying a patient, employee, or licensed professional
17    shall not be released. None of the information the
18    Department discloses to the public under this Act may be
19    used to establish a standard of care in a private civil
20    action.
21    (d) Quarterly reports shall be submitted, in a format set
22forth in rules adopted by the Department, to the Department by
23April 30, July 31, October 31, and January 31 each year for the
24previous quarter. Data in quarterly reports must cover a period
25ending not earlier than one month prior to submission of the
26report. Annual reports shall be submitted by December 31 in a

 

 

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1format set forth in rules adopted by the Department to the
2Department. All reports shall be made available to the public
3on-site and through the Department.
4    (e) If the hospital is a division or subsidiary of another
5entity that owns or operates other hospitals or related
6organizations, the annual public disclosure report shall be for
7the specific division or subsidiary and not for the other
8entity.
9    (f) The Department shall disclose information under this
10Section in accordance with provisions for inspection and
11copying of public records required by the Freedom of
12Information Act provided that such information satisfies the
13provisions of subsection (c) of this Section.
14    (g) Notwithstanding any other provision of law, under no
15circumstances shall the Department disclose information
16obtained from a hospital that is confidential under Part 21 of
17Article VIII of the Code of Civil Procedure.
18    (h) No hospital report or Department disclosure may contain
19information identifying a patient, employee, or licensed
20professional.
21(Source: P.A. 101-446, eff. 8-23-19.)
 
22    (210 ILCS 110/13A rep.)
23    Section 75. The Illinois Migrant Labor Camp Law is amended
24by repealing Section 13A.
 

 

 

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1    Section 80. The Illinois Athletic Trainers Practice Act is
2amended by changing Sections 3, 5, 19, 19.5, 21, and 24 as
3follows:
 
4    (225 ILCS 5/3)  (from Ch. 111, par. 7603)
5    (Section scheduled to be repealed on January 1, 2026)
6    Sec. 3. Definitions. As used in this Act:
7    (1) "Department" means the Department of Financial and
8Professional Regulation.
9    (2) "Secretary" means the Secretary of Financial and
10Professional Regulation.
11    (3) (Blank). "Board" means the Illinois Board of Athletic
12Trainers appointed by the Secretary.
13    (4) "Licensed athletic trainer" means a person licensed to
14practice athletic training as defined in this Act and with the
15specific qualifications set forth in Section 9 of this Act who,
16upon the direction of his or her team physician or consulting
17physician, carries out the practice of prevention/emergency
18care or physical reconditioning of injuries incurred by
19athletes participating in an athletic program conducted by an
20educational institution, professional athletic organization,
21or sanctioned amateur athletic organization employing the
22athletic trainer; or a person who, under the direction of a
23physician, carries out comparable functions for a health
24organization-based extramural program of athletic training
25services for athletes. Specific duties of the athletic trainer

 

 

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1include but are not limited to:
2        A. Supervision of the selection, fitting, and
3    maintenance of protective equipment;
4        B. Provision of assistance to the coaching staff in the
5    development and implementation of conditioning programs;
6        C. Counseling of athletes on nutrition and hygiene;
7        D. Supervision of athletic training facility and
8    inspection of playing facilities;
9        E. Selection and maintenance of athletic training
10    equipment and supplies;
11        F. Instruction and supervision of student trainer
12    staff;
13        G. Coordination with a team physician to provide:
14            (i) pre-competition physical exam and health
15        history updates,
16            (ii) game coverage or phone access to a physician
17        or paramedic,
18            (iii) follow-up injury care,
19            (iv) reconditioning programs, and
20            (v) assistance on all matters pertaining to the
21        health and well-being of athletes.
22        H. Provision of on-site injury care and evaluation as
23    well as appropriate transportation, follow-up treatment
24    and rehabilitation as necessary for all injuries sustained
25    by athletes in the program;
26        I. With a physician, determination of when an athlete

 

 

SB2500- 33 -LRB101 11855 RLC 58807 b

1    may safely return to full participation post-injury; and
2        J. Maintenance of complete and accurate records of all
3    athletic injuries and treatments rendered.
4    To carry out these functions the athletic trainer is
5authorized to utilize modalities, including, but not limited
6to, heat, light, sound, cold, electricity, exercise, or
7mechanical devices related to care and reconditioning.
8    (5) "Referral" means the guidance and direction given by
9the physician, who shall maintain supervision of the athlete.
10    (6) "Athletic trainer aide" means a person who has received
11on-the-job training specific to the facility in which he or she
12is employed, on either a paid or volunteer basis, but is not
13enrolled in an accredited athletic training curriculum.
14    (7) "Address of record" means the designated address
15recorded by the Department in the applicant's or licensee's
16application file or license file as maintained by the
17Department's licensure maintenance unit. It is the duty of the
18applicant or licensee to inform the Department of any change of
19address, and those changes must be made either through the
20Department's website or by contacting the Department.
21    (8) "Board of Certification" means the Board of
22Certification for the Athletic Trainer.
23(Source: P.A. 99-469, eff. 8-26-15.)
 
24    (225 ILCS 5/5)  (from Ch. 111, par. 7605)
25    (Section scheduled to be repealed on January 1, 2026)

 

 

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1    Sec. 5. Administration of Act; rules and forms.
2    (a) The Department shall exercise the powers and duties
3prescribed by the Civil Administrative Code of Illinois for the
4administration of Licensure Acts and shall exercise such other
5powers and duties necessary for effectuating the purposes of
6this Act.
7    (b) The Secretary may promulgate rules consistent with the
8provisions of this Act for the administration and enforcement
9thereof, and for the payment of fees connected therewith, and
10may prescribe forms which shall be issued in connection
11therewith. The rules may include standards and criteria for
12licensure, certification, and professional conduct and
13discipline. The Department may consult with the Board in
14promulgating rules.
15    (c) The Department may at any time seek the advice and the
16expert knowledge of the Board on any matter relating to the
17administration of this Act.
18    (d) (Blank).
19(Source: P.A. 99-469, eff. 8-26-15.)
 
20    (225 ILCS 5/19)  (from Ch. 111, par. 7619)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 19. Record of proceedings. The Department, at its
23expense, shall preserve a record of all proceedings at the
24formal hearing of any case. The notice of hearing, complaint
25and all other documents in the nature of pleadings and written

 

 

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1motions filed in the proceedings, the transcript of testimony,
2the report of the Board and order of the Department shall be
3the record of such proceeding. Any licensee who is found to
4have violated this Act or who fails to appear for a hearing to
5refuse to issue, restore, or renew a license or to discipline a
6licensee may be required by the Department to pay for the costs
7of the proceeding. These costs are limited to costs for court
8reporters, transcripts, and witness attendance and mileage
9fees. All costs imposed under this Section shall be paid within
1060 days after the effective date of the order imposing the fine
11or in accordance with the terms set forth in the order imposing
12the fine.
13(Source: P.A. 99-469, eff. 8-26-15.)
 
14    (225 ILCS 5/19.5)
15    (Section scheduled to be repealed on January 1, 2026)
16    Sec. 19.5. Subpoenas; oaths. The Department may subpoena
17and bring before it any person and may take the oral or written
18testimony of any person or compel the production of any books,
19papers, records, or any other documents that the Secretary or
20his or her designee deems relevant or material to an
21investigation or hearing conducted by the Department with the
22same fees and mileage and in the same manner as prescribed by
23law in judicial procedure in civil cases in courts of this
24State.
25    The Secretary, the designated hearing officer, any member

 

 

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1of the Board, or a certified shorthand court reporter may
2administer oaths at any hearing which the Department conducts.
3Notwithstanding any other statute or Department rule to the
4contrary, all requests for testimony or production of documents
5or records shall be in accordance with this Act.
6(Source: P.A. 99-469, eff. 8-26-15.)
 
7    (225 ILCS 5/24)  (from Ch. 111, par. 7624)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 24. Hearing officer appointment. The Secretary shall
10have the authority to appoint any attorney duly licensed to
11practice law in the State of Illinois to serve as the hearing
12officer in any action for refusal to issue or renew a license,
13or for the taking of disciplinary action against a license. The
14hearing officer shall have full authority to conduct the
15hearing. The hearing officer shall report his or her findings
16of fact, conclusions of law, and recommendations to the Board
17and the Secretary. The Board shall have 90 days from receipt of
18the report to review the report of the hearing officer and
19present its findings of fact, conclusions of law and
20recommendation to the Secretary. The If the Board fails to
21present its report within the 90 day period, the Secretary may
22issue an order based on the report of the hearing officer. If
23the Secretary determines that the Board's report is contrary to
24the manifest weight of the evidence, he or she may issue an
25order in contravention of the Board's report.

 

 

SB2500- 37 -LRB101 11855 RLC 58807 b

1(Source: P.A. 99-469, eff. 8-26-15.)
 
2    (225 ILCS 5/6 rep.)
3    (225 ILCS 5/21 rep.)
4    (225 ILCS 5/22 rep.)
5    Section 85. The Illinois Athletic Trainers Practice Act is
6amended by repealing Sections 6, 21, and 22.
 
7    Section 90. The Hearing Instrument Consumer Protection Act
8is amended by changing Sections 3, 8, 14, 15, 18, 21, 22, 23,
927.1, and 30 as follows:
 
10    (225 ILCS 50/3)  (from Ch. 111, par. 7403)
11    (Section scheduled to be repealed on January 1, 2026)
12    Sec. 3. Definitions. As used in this Act, except as the
13context requires otherwise:
14    "Department" means the Department of Public Health.
15    "Director" means the Director of the Department of Public
16Health.
17    "License" means a license issued by the State under this
18Act to a hearing instrument dispenser.
19    "Licensed audiologist" means a person licensed as an
20audiologist under the Illinois Speech-Language Pathology and
21Audiology Practice Act.
22    "National Board Certified Hearing Instrument Specialist"
23means a person who has had at least 2 years in practice as a

 

 

SB2500- 38 -LRB101 11855 RLC 58807 b

1licensed hearing instrument dispenser and has been certified
2after qualification by examination by the National Board for
3Certification in Hearing Instruments Sciences.
4    "Licensed physician" or "physician" means a physician
5licensed in Illinois to practice medicine in all of its
6branches pursuant to the Medical Practice Act of 1987.
7    "Trainee" means a person who is licensed to perform the
8functions of a hearing instrument dispenser in accordance with
9the Department rules and only under the direct supervision of a
10hearing instrument dispenser or audiologist who is licensed in
11the State.
12    "Board" means the Hearing Instrument Consumer Protection
13Board.
14    "Hearing instrument" or "hearing aid" means any wearable
15instrument or device designed for or offered for the purpose of
16aiding or compensating for impaired human hearing and that can
17provide more than 15 dB full on gain via a 2cc coupler at any
18single frequency from 200 through 6000 cycles per second, and
19any parts, attachments, or accessories, including ear molds.
20"Hearing instrument" or "hearing aid" do not include batteries,
21cords, or group auditory training devices and any instrument or
22device used by a public utility in providing telephone or other
23communication services are excluded.
24    "Practice of fitting, dispensing, or servicing of hearing
25instruments" means the measurement of human hearing with an
26audiometer, calibrated to the current American National

 

 

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1Standard Institute standards, for the purpose of making
2selections, recommendations, adaptions, services, or sales of
3hearing instruments including the making of earmolds as a part
4of the hearing instrument.
5    "Sell" or "sale" means any transfer of title or of the
6right to use by lease, bailment, or any other contract,
7excluding wholesale transactions with distributors or dealers.
8    "Hearing instrument dispenser" means a person who is a
9hearing care professional that engages in the selling, practice
10of fitting, selecting, recommending, dispensing, or servicing
11of hearing instruments or the testing for means of hearing
12instrument selection or who advertises or displays a sign or
13represents himself or herself as a person who practices the
14testing, fitting, selecting, servicing, dispensing, or selling
15of hearing instruments.
16    "Fund" means the Hearing Instrument Dispenser Examining
17and Disciplinary Fund.
18    "Hearing care professional" means a person who is a
19licensed audiologist, a licensed hearing instrument dispenser,
20or a licensed physician.
21(Source: P.A. 98-362, eff. 8-16-13; 98-827, eff. 1-1-15.)
 
22    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
23    (Section scheduled to be repealed on January 1, 2026)
24    Sec. 8. Applicant qualifications; examination.
25    (a) In order to protect persons who are deaf or hard of

 

 

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1hearing, the Department shall authorize or shall conduct an
2appropriate examination, which may be the International
3Hearing Society's licensure examination, for persons who
4dispense, test, select, recommend, fit, or service hearing
5instruments. The frequency of holding these examinations shall
6be determined by the Department by rule. Those who successfully
7pass such an examination shall be issued a license as a hearing
8instrument dispenser, which shall be effective for a 2-year
9period.
10    (b) Applicants shall be:
11        (1) at least 18 years of age;
12        (2) of good moral character;
13        (3) the holder of an associate's degree or the
14    equivalent;
15        (4) free of contagious or infectious disease; and
16        (5) a citizen or person who has the status as a legal
17    alien.
18    Felony convictions of the applicant and findings against
19the applicant involving matters set forth in Sections 17 and 18
20shall be considered in determining moral character, but such a
21conviction or finding shall not make an applicant ineligible to
22register for examination.
23    (c) Prior to engaging in the practice of fitting,
24dispensing, or servicing hearing instruments, an applicant
25shall demonstrate, by means of written and practical
26examinations, that such person is qualified to practice the

 

 

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1testing, selecting, recommending, fitting, selling, or
2servicing of hearing instruments as defined in this Act. An
3applicant must obtain a license within 12 months after passing
4either the written or practical examination, whichever is
5passed first, or must take and pass those examinations again in
6order to be eligible to receive a license.
7    The Department shall, by rule, determine the conditions
8under which an individual is examined.
9    (d) Proof of having met the minimum requirements of
10continuing education as determined by the Director Board shall
11be required of all license renewals. Pursuant to rule, the
12continuing education requirements may, upon petition to the
13Director Board, be waived in whole or in part if the hearing
14instrument dispenser can demonstrate that he or she served in
15the Coast Guard or Armed Forces, had an extreme hardship, or
16obtained his or her license by examination or endorsement
17within the preceding renewal period.
18    (e) Persons applying for an initial license must
19demonstrate having earned, at a minimum, an associate degree or
20its equivalent from an accredited institution of higher
21education that is recognized by the U.S. Department of
22Education or that meets the U.S. Department of Education
23equivalency as determined through a National Association of
24Credential Evaluation Services (NACES) member, and meet the
25other requirements of this Section. In addition, the applicant
26must demonstrate the successful completion of (1) 12 semester

 

 

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1hours or 18 quarter hours of academic undergraduate course work
2in an accredited institution consisting of 3 semester hours of
3anatomy and physiology of the hearing mechanism, 3 semester
4hours of hearing science, 3 semester hours of introduction to
5audiology, and 3 semester hours of aural rehabilitation, or the
6quarter hour equivalent or (2) an equivalent program as
7determined by the Department that is consistent with the scope
8of practice of a hearing instrument dispenser as defined in
9Section 3 of this Act. Persons licensed before January 1, 2003
10who have a valid license on that date may have their license
11renewed without meeting the requirements of this subsection.
12(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15;
1399-847, eff. 8-19-16.)
 
14    (225 ILCS 50/14)  (from Ch. 111, par. 7414)
15    (Section scheduled to be repealed on January 1, 2026)
16    Sec. 14. Powers and duties of the Department. The powers
17and duties of the Department are:
18    (a) To issue licenses and to administer examinations to
19applicants;
20    (b) To license persons who are qualified to engage in the
21testing, recommending, fitting, selling, and dispensing of
22hearing instruments;
23    (c) To provide the equipment and facilities necessary for
24the examination;
25    (d) To issue and to renew licenses;

 

 

SB2500- 43 -LRB101 11855 RLC 58807 b

1    (e) To suspend or revoke licenses or to take such other
2disciplinary action as provided in this Act;
3    (f) (Blank) To consider all recommendations and requests of
4the Board and to inform it of all actions of the Department
5insofar as hearing instrument dispensers are concerned,
6including any instances where the actions of the Department are
7contrary to the recommendations of the Board;
8    (g) To promulgate rules necessary to implement this Act;
9    (h) (Blank); and
10    (i) To conduct such consumer education programs and
11awareness programs for persons with a hearing impairment as it
12deems appropriate may be recommended by the Board.
13(Source: P.A. 91-932, eff. 1-1-01.)
 
14    (225 ILCS 50/15)  (from Ch. 111, par. 7415)
15    (Section scheduled to be repealed on January 1, 2026)
16    Sec. 15. Fees.
17    (a) The examination and licensure fees paid to the
18Department are not refundable and shall be set forth by
19administrative rule. The Department may require a fee for the
20administration of the examination in addition to examination
21and licensure fees.
22    (b) The moneys received as fees and fines by the Department
23under this Act shall be deposited in the Hearing Instrument
24Dispenser Examining and Disciplinary Fund, which is hereby
25created as a special fund in the State Treasury, and shall be

 

 

SB2500- 44 -LRB101 11855 RLC 58807 b

1used only for the administration and enforcement of this Act,
2including: (1) costs directly related to licensing of persons
3under this Act; and (2) by the Board in the exercise of its
4powers and performance of its duties, and such use shall be
5made by the Department with full consideration of all
6recommendations of the Board.
7    All moneys deposited in the Fund shall be appropriated to
8the Department for expenses of the Department and the Board in
9the administration and enforcement of this Act.
10    Moneys in the Fund may be invested and reinvested, with all
11earnings deposited in the Fund and used for the purposes set
12forth in this Act.
13    Upon the completion of any audit of the Department as
14prescribed by the Illinois State Auditing Act, which audit
15shall include an audit of the Fund, the Department shall make a
16copy of the audit open to inspection by any interested person,
17which copy shall be submitted to the Department by the Auditor
18General, in addition to the copies of audit reports required to
19be submitted to other State officers and agencies by Section
203-14 of the Illinois State Auditing Act.
21(Source: P.A. 99-204, eff. 7-30-15.)
 
22    (225 ILCS 50/18)  (from Ch. 111, par. 7418)
23    (Section scheduled to be repealed on January 1, 2026)
24    Sec. 18. Discipline by the Department. The Department may
25refuse to issue or renew a license or it may revoke, suspend,

 

 

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1place on probation, censure, fine, or reprimand a licensee for
2any of the following:
3        (a) Material misstatement in furnishing information to
4    the Department or to any other State or federal agency.
5        (b) Violations of this Act, or the rules promulgated
6    hereunder.
7        (c) Conviction of any crime under the laws of the
8    United States or any state or territory thereof which is a
9    felony or misdemeanor, an essential element of dishonesty,
10    or of any crime which is directly related to the practice
11    of the profession.
12        (d) Making any misrepresentation for the purpose of
13    obtaining a license or renewing a license, including
14    falsification of the continuing education requirement.
15        (e) Professional incompetence.
16        (f) Malpractice.
17        (g) Aiding or assisting another person in violating any
18    provision of this Act or the rules promulgated hereunder.
19        (h) Failing, within 30 days, to provide in writing
20    information in response to a written request made by the
21    Department.
22        (i) Engaging in dishonorable, unethical, or
23    unprofessional conduct which is likely to deceive,
24    defraud, or harm the public.
25        (j) Knowingly employing, directly or indirectly, any
26    suspended or unlicensed person to perform any services

 

 

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1    covered by this Act.
2        (k) Habitual intoxication or addiction to the use of
3    drugs.
4        (l) Discipline by another state, the District of
5    Columbia, territory, or a foreign nation, if at least one
6    of the grounds for the discipline is the same or
7    substantially equivalent to those set forth herein.
8        (m) Directly or indirectly giving to or receiving from
9    any person, firm, corporation, partnership, or association
10    any fee, commission, rebate, or other form of compensation
11    for any service not actually rendered. Nothing in this
12    paragraph (m) affects any bona fide independent contractor
13    or employment arrangements among health care
14    professionals, health facilities, health care providers,
15    or other entities, except as otherwise prohibited by law.
16    Any employment arrangements may include provisions for
17    compensation, health insurance, pension, or other
18    employment benefits for the provision of services within
19    the scope of the licensee's practice under this Act.
20    Nothing in this paragraph (m) shall be construed to require
21    an employment arrangement to receive professional fees for
22    services rendered.
23        (n) A finding by the Director Board that the licensee,
24    after having his or her license placed on probationary
25    status, has violated the terms of probation.
26        (o) Willfully making or filing false records or

 

 

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1    reports.
2        (p) Willfully failing to report an instance of
3    suspected child abuse or neglect as required by the Abused
4    and Neglected Child Reporting Act.
5        (q) Physical illness, including, but not limited to,
6    deterioration through the aging process, or loss of motor
7    skill which results in the inability to practice the
8    profession with reasonable judgement, skill or safety.
9        (r) Solicitation of services or products by
10    advertising that is false or misleading. An advertisement
11    is false or misleading if it:
12            (1) contains an intentional misrepresentation of
13        fact;
14            (2) contains a false statement as to the licensee's
15        professional achievements, education, skills, or
16        qualifications in the hearing instrument dispensing
17        profession;
18            (3) makes a partial disclosure of a relevant fact,
19        including:
20                (i) the advertisement of a discounted price of
21            an item without identifying in the advertisement
22            or at the location of the item either the specific
23            product being offered at the discounted price or
24            the usual price of the item; and
25                (ii) the advertisement of the price of a
26            specifically identified hearing instrument if more

 

 

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1            than one hearing instrument appears in the same
2            advertisement without an accompanying price;
3            (4) contains a representation that a product
4        innovation is new when, in fact, the product was first
5        offered by the manufacturer to the general public in
6        this State not less than 12 months before the date of
7        the advertisement;
8            (5) contains any other representation, statement,
9        or claim that is inherently misleading or deceptive; or
10            (6) contains information that the licensee
11        manufactures hearing instruments at the licensee's
12        office location unless the following statement
13        includes a statement disclosing that the instruments
14        are manufactured by a specified manufacturer and
15        assembled by the licensee.
16        (s) Participating in subterfuge or misrepresentation
17    in the fitting or servicing of a hearing instrument.
18        (t) (Blank).
19        (u) Representing that the service of a licensed
20    physician or other health professional will be used or made
21    available in the fitting, adjustment, maintenance, or
22    repair of hearing instruments when that is not true, or
23    using the words "doctor", "audiologist", "clinic",
24    "Clinical Audiologist", "Certified Hearing Aid
25    Audiologist", "State Licensed", "State Certified",
26    "Hearing Care Professional", "Licensed Hearing Instrument

 

 

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1    Dispenser", "Licensed Hearing Aid Dispenser", "Board
2    Certified Hearing Instrument Specialist", "Hearing
3    Instrument Specialist", "Licensed Audiologist", or any
4    other term, abbreviation, or symbol which would give the
5    impression that service is being provided by persons who
6    are licensed or awarded a degree or title, or that the
7    person's service who is holding the license has been
8    recommended by a governmental agency or health provider,
9    when such is not the case.
10        (v) Advertising a manufacturer's product or using a
11    manufacturer's name or trademark implying a relationship
12    which does not exist.
13        (w) Directly or indirectly giving or offering anything
14    of value to any person who advises another in a
15    professional capacity, as an inducement to influence the
16    purchase of a product sold or offered for sale by a hearing
17    instrument dispenser or influencing persons to refrain
18    from dealing in the products of competitors.
19        (x) Conducting business while suffering from a
20    contagious disease.
21        (y) Engaging in the fitting or sale of hearing
22    instruments under a name with fraudulent intent.
23        (z) Dispensing a hearing instrument to a person who has
24    not been given tests utilizing appropriate established
25    procedures and instrumentation in the fitting of hearing
26    instruments, except where there is the replacement of a

 

 

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1    hearing instrument, of the same make and model within one
2    year of the dispensing of the original hearing instrument.
3        (aa) Unavailability or unwillingness to adequately
4    provide for service or repair of hearing instruments fitted
5    and sold by the dispenser.
6        (bb) Violating the regulations of the Federal Food and
7    Drug Administration or the Federal Trade Commission as they
8    affect hearing instruments.
9        (cc) Violating any provision of the Consumer Fraud and
10    Deceptive Business Practices Act.
11        (dd) Violating the Health Care Worker Self-Referral
12    Act.
13    The Department, with the approval of the Board, may impose
14a fine not to exceed $1,000 plus costs for the first violation
15and not to exceed $5,000 plus costs for each subsequent
16violation of this Act, and the rules promulgated hereunder, on
17any person or entity described in this Act. Such fine may be
18imposed as an alternative to any other disciplinary measure,
19except for probation. The imposition by the Department of a
20fine for any violation does not bar the violation from being
21alleged in subsequent disciplinary proceedings. Such fines
22shall be deposited in the Fund.
23(Source: P.A. 100-201, eff. 8-18-17.)
 
24    (225 ILCS 50/21)  (from Ch. 111, par. 7421)
25    (Section scheduled to be repealed on January 1, 2026)

 

 

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1    Sec. 21. The Department may investigate the actions of any
2applicant, corporation, partnership, trust, association or
3other entity, or any person holding or claiming to hold a
4license. The Department shall, before refusing to issue a
5license or disciplining a registrant or a corporation,
6partnership, trust, association or other entity, notify, in
7writing, at least 10 days prior to the date set for the
8hearing, the applicant for, or holder of, a license, or
9corporation, partnership, trust, association or other entity.
10The notification shall set forth the charges against the
11person, corporation, partnership, trust, association, or other
12entity which form the basis for the refusal to issue a license
13or the disciplinary action taken. If the person, corporation,
14partnership, trust, association, or other entity desires to
15contest any Department action under this Section he, she or the
16corporation, partnership, trust, association, or other entity
17shall send a written request for a hearing to the Department
18within 10 days of receipt of notice of the Department's action.
19If timely requested by the person or the corporation,
20partnership, trust, association, or other entity, the date of
21the hearing shall be set by the Department. The hearing shall
22determine whether the applicant or licensee is entitled to hold
23such license, and shall afford such person an opportunity to be
24heard in person or by counsel. A hearing shall also determine
25whether a corporation, partnership, trust, association, or
26other entity is subject to disciplinary action, and shall

 

 

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1afford such entities an opportunity to be heard by their
2representative or by counsel. Such written notice may be served
3by certified or registered mail to the respondent at its last
4known address. Upon receipt of a request in writing for a
5hearing, a duly qualified employee of the Department designated
6in writing by the Director and approved by the Board as a
7hearing officer shall conduct a hearing to review the decision.
8Notice of the time and place of the hearing shall be given to
9the person or corporation, partnership, trust, association, or
10other entity at least 10 days prior to the date set for the
11hearing. At the time and place fixed in the notice, the hearing
12officer shall hear the charges and the parties shall be
13accorded opportunity to present such statements, testimony and
14evidence as may be pertinent to the charges or defenses. The
15hearing officer may continue such hearing from time to time.
16Pursuant to rule, the Director may conduct informal hearings,
17and shall so inform the Board. The Director, Board or hearing
18officer may compel, by subpoena, the attendance and testimony
19of witnesses and the production of books and papers and may
20administer oaths.
21(Source: P.A. 86-800.)
 
22    (225 ILCS 50/22)  (from Ch. 111, par. 7422)
23    (Section scheduled to be repealed on January 1, 2026)
24    Sec. 22. Findings and recommendations to of the Director
25Board. At the conclusion of the hearing, the hearing officer

 

 

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1shall make findings of fact in such hearing to the Director
2Board. The Director Board shall review the findings of fact and
3present to the Director a written report of its finding and
4recommendation as to whether or not the accused person violated
5this Act or failed to comply with the conditions required in
6this Act or any rule promulgated under this Act. The Director
7Board shall specify the nature of the violation or failure to
8comply and shall make its recommendations to the Director.
9    The report of findings and recommendation of the hearing
10officer Board shall be the basis for the Department's action
11with respect to licensees or the imposition of any disciplinary
12action unless the Director determines that the report and
13recommendation is contrary to the manifest weight of the
14evidence, in which case the Director may issue an order in
15contravention of the report and recommendation. The findings
16are not admissible in evidence against the person in a criminal
17prosecution brought for the violation of this Act, but the
18hearing and findings are not a bar to a criminal prosecution
19brought for violating this Act.
20(Source: P.A. 89-72, eff. 12-31-95.)
 
21    (225 ILCS 50/23)  (from Ch. 111, par. 7423)
22    (Section scheduled to be repealed on January 1, 2026)
23    Sec. 23. The Department, at its expense, shall preserve a
24record of all proceedings at the formal hearing of any case
25involving the refusal to issue a license or to discipline a

 

 

SB2500- 54 -LRB101 11855 RLC 58807 b

1licensee. The notice of hearing, the complaint and all other
2documents in the nature of pleadings and written motions filed
3in the proceedings, the transcript of testimony, the report of
4the Board and the orders of the Department shall be the record
5of such proceeding.
6    In any case involving the refusal to issue a license or to
7discipline a licensee, a copy of the hearing officer's Board's
8report shall be served upon the respondent by the Department,
9as provided in this Act for the service of the notice of
10hearing. Within 20 days after such service, the respondent may
11present to the Department a motion in writing for a rehearing,
12which motion shall specify the particular grounds therefor. If
13no motion for rehearing is filed, then upon the expiration of
14the time specified for filing such a motion, or if a motion for
15rehearing is denied, then upon such denial, the Director may
16enter an order in accordance with recommendations of the
17hearing officer Board. If the respondent orders and pays for a
18transcript of the record within the time for filing a motion
19for rehearing, the 20-day period within which such a motion may
20be filed shall commence upon the delivery of the transcript to
21the respondent.
22    Whenever the Director is satisfied that substantial
23justice has not been done either in an examination or in the
24revocation, suspension or refusal to issue a license, the
25Director may order a re-examination or rehearing.
26(Source: P.A. 86-800.)
 

 

 

SB2500- 55 -LRB101 11855 RLC 58807 b

1    (225 ILCS 50/27.1)  (from Ch. 111, par. 7427.1)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 27.1. Notwithstanding the provisions of Section 21 of
4this Act, the Director shall have the authority to appoint any
5attorney duly licensed to practice law in the State of Illinois
6to serve as hearing officer in any action for refusal to issue
7or renew a license, or discipline of an applicant or licensee
8regulated by this Act. The Director shall notify the Board of
9any such appointment. The hearing officer shall have full
10authority to conduct the hearing. The hearing officer shall
11report his findings of fact, conclusions of law and
12recommendations to the Board and the Director. Within The Board
13shall have 60 days from receipt of the report to review the
14report of the hearing officer and present their findings of
15fact, conclusions of law and recommendations to the Director.
16If the Board fails to present its report within the 60-day
17period, the Director shall issue an order based on the report
18of the hearing officer. If the Director disagrees in any regard
19with the report of the Board or hearing officer, the Director
20he may issue an order in contravention thereof. The Director
21shall provide a written explanation to the Board on any such
22deviation, and shall specify with particularity the reasons for
23such action in the final order. Members of the Board may be
24present at all formal hearings brought under the provisions of
25this Act.

 

 

SB2500- 56 -LRB101 11855 RLC 58807 b

1(Source: P.A. 86-800.)
 
2    (225 ILCS 50/30)  (from Ch. 111, par. 7430)
3    (Section scheduled to be repealed on January 1, 2026)
4    Sec. 30. The determination by a circuit court that a
5licensee is subject to involuntary admission or judicial
6admission, as provided in the "Mental Health and Developmental
7Disabilities Code", approved September 5, 1978, as amended,
8operates as an automatic suspension of his license. Such
9suspension will end upon a finding by a court that the patient
10is no longer subject to involuntary admission or judicial
11admission and the court issues an order so finding and
12discharging the patient and upon the recommendation of the
13hearing officer Board to the Director that the licensee be
14allowed to resume his practice.
15(Source: P.A. 86-800.)
 
16    (225 ILCS 50/16 rep.)
17    (225 ILCS 50/17 rep.)
18    Section 95. The Hearing Instrument Consumer Protection Act
19is amended by repealing Sections 16 and 17.
 
20    Section 100. The Health Care Workplace Violence Prevention
21Act is amended by changing Section 35 as follows:
 
22    (405 ILCS 90/35)

 

 

SB2500- 57 -LRB101 11855 RLC 58807 b

1    Sec. 35. Pilot project; task force. (a) The Department of
2Human Services and the Department of Public Health shall
3initially implement this Act as a 2-year pilot project in which
4only the following health care workplaces shall participate:
5        (1) The Chester Mental Health Center.
6        (2) The Alton Mental Health Center.
7        (3) The Douglas Singer Mental Health Center.
8        (4) The Andrew McFarland Mental Health Center.
9        (5) The Jacksonville Developmental Center.
10    Each health care workplace participating in the pilot
11project shall comply with this Act as provided in this Act.
12    (b) The Governor shall convene a 11-member task force
13consisting of the following: one member appointed by the
14President of the Senate; one member appointed by the Minority
15Leader of the Senate; one member appointed by the Speaker of
16House of Representatives; one member appointed by the Minority
17Leader of the House of Representatives; one representative from
18a statewide association representing licensed registered
19professional nurses; one licensed registered professional
20nurse involved in direct patient care, appointed by the
21Governor; one representative of an organization representing
22State, county, and municipal employees, appointed by the
23Governor; one representative of an organization representing
24public employees, appointed by the Governor; and 3
25representatives of the Department of Human Services, with one
26representative from the Division of Mental Health, one

 

 

SB2500- 58 -LRB101 11855 RLC 58807 b

1representative from the Division of Developmental
2Disabilities, and one representative from the Division of
3Rehabilitation Services of the Department of Human Services.
4The task force shall submit a report to the Illinois General
5Assembly by January 1, 2008 that shall (i) evaluate the
6effectiveness of the health care workplace violence prevention
7pilot project in the facilities participating in the pilot
8project and (ii) make recommendations concerning the
9implementation of workplace violence prevention programs in
10all health care workplaces.
11    (c) The Department of Human Services shall provide all
12necessary administrative support to the task force.
13(Source: P.A. 94-347, eff. 7-28-05; 94-1012, eff. 7-7-06.)
 
14    Section 105. The Stem Cell Research and Human Cloning
15Prohibition Act is amended by changing Sections 10, 25, and 30
16as follows:
 
17    (410 ILCS 110/10)
18    Sec. 10. Definitions. As used in this Act:
19    "Department" means the Department of Public Health.
20    "Institute" means the Illinois Regenerative Medicine
21Institute.
22    "Committee" means the Illinois Regenerative Medicine
23Institute Oversight Committee.
24(Source: P.A. 95-519, eff. 1-1-08.)
 

 

 

SB2500- 59 -LRB101 11855 RLC 58807 b

1    (410 ILCS 110/25)
2    Sec. 25. Conflict of interest.
3    (a) (Blank) A person has a conflict of interest if any
4Committee action with respect to a matter may directly or
5indirectly financially benefit any of the following:
6        (1) That person.
7        (2) That person's spouse, immediate family living with
8    that person, or that person's extended family.
9        (3) Any individual or entity required to be disclosed
10    by that person.
11        (4) Any other individual or entity with which that
12    person has a business or professional relationship.
13    (b) (Blank) A Committee member who has a conflict of
14interest with respect to a matter may not discuss that matter
15with other Committee members and shall not vote upon or
16otherwise participate in any Committee action with respect to
17that matter. Each recusal occurring during a Committee meeting
18shall be made a part of the minutes or recording of the meeting
19in accordance with the Open Meetings Act.
20    (c) A member of a scientific peer review panel or any other
21advisory committee that may be established by the Department
22who has a conflict of interest with respect to a matter may not
23discuss that matter with other peer review panel or advisory
24committee members or with Committee members and shall not vote
25or otherwise participate in any peer review panel or advisory

 

 

SB2500- 60 -LRB101 11855 RLC 58807 b

1committee action with respect to that matter. Each recusal of a
2peer review panel or advisory committee member occurring during
3a peer review panel or advisory committee meeting shall be made
4a part of the minutes or recording of the meeting in accordance
5with the Open Meetings Act.
6    (d) The Institute shall not allow any Institute employee to
7participate in the processing of, or to provide any advice
8concerning, any matter with which the Institute employee has a
9conflict of interest.
10(Source: P.A. 95-519, eff. 1-1-08.)
 
11    (410 ILCS 110/30)
12    Sec. 30. Disclosure of Committee, scientific peer review
13panel, or advisory committee member income and interests.
14    (a) Each Committee, scientific peer review panel, and any
15advisory committee member shall file with the Secretary of
16State a written disclosure of the following with respect to the
17member, the member's spouse, and any immediate family living
18with the member:
19        (1) Each source of income.
20        (2) Each entity in which the member, spouse, or
21    immediate family living with the member has an ownership or
22    distributive income share that is not an income source
23    required to be disclosed under item (1) of this subsection
24    (a).
25        (3) Each entity in or for which the member, spouse, or

 

 

SB2500- 61 -LRB101 11855 RLC 58807 b

1    immediate family living with the member serves as an
2    executive, officer, director, trustee, or fiduciary.
3        (4) Each entity with which the member, member's spouse,
4    or immediate family living with the member has a contract
5    for future income.
6    (b) Each appointed Committee member and each member of a
7scientific peer review panel and any advisory committee member
8shall file the disclosure required by subsection (a) of this
9Section at the time the member is appointed and at the time of
10any reappointment of that member.
11    (c) Each Committee member and each member of a scientific
12peer review panel and any advisory committee member shall file
13an updated disclosure with the Secretary of State promptly
14after any change in the items required to be disclosed under
15this subsection with respect to the member, the member's
16spouse, or any immediate family living with the member.
17    (d) The requirements of Section 3A-30 of the Illinois
18Governmental Ethics Act and any other disclosures required by
19law apply to this Act.
20    (e) Filed disclosures shall be public records.
21(Source: P.A. 95-519, eff. 1-1-08.)
 
22    (410 ILCS 110/20 rep.)
23    (410 ILCS 110/35 rep.)
24    Section 110. The Stem Cell Research and Human Cloning
25Prohibition Act is amended by repealing Sections 20 and 35.
 

 

 

SB2500- 62 -LRB101 11855 RLC 58807 b

1    (410 ILCS 221/Act rep.)
2    Section 115. The Advisory Board for the Maternal and Child
3Health Block Grant Programs Act is repealed.
 
4    (410 ILCS 225/7 rep.)
5    Section 117. The Prenatal and Newborn Care Act is amended
6by repealing Section 7.
 
7    (410 ILCS 303/25 rep.)
8    Section 120. The African-American HIV/AIDS Response Act is
9amended by repealing Section 25.
 
10    (410 ILCS 413/15 rep.)
11    (410 ILCS 413/20 rep.)
12    Section 125. The Epilepsy Disease Assistance Act is amended
13by repealing Sections 15 and 20.
 
14    Section 130. The Head and Spinal Cord Injury Act is amended
15by changing Sections 1 and 3 as follows:
 
16    (410 ILCS 515/1)  (from Ch. 111 1/2, par. 7851)
17    Sec. 1. As used in this Act, unless the context clearly
18indicates otherwise:
19    (a) "Department" means the Department of Public Health.
20    (b) "Head Injury" means a sudden insult or damage to the

 

 

SB2500- 63 -LRB101 11855 RLC 58807 b

1brain or its coverings, not of a degenerative nature, which
2produces an altered state of consciousness or temporarily or
3permanently impairs mental, cognitive, behavioral or physical
4functioning. Cerebral vascular accidents, aneurisms and
5congenital deficits are excluded from this definition.
6    (c) "Spinal cord injury" means an injury that occurs as a
7result of trauma, which involves spinal vertebral fracture, or
8where the injured person suffers any of the following effects:
9    (1) effects on the sensory system including numbness,
10tingling or loss of sensation in the body or in one or more
11extremities;
12    (2) effects on the motor system including weakness or
13paralysis in one or more extremities;
14    (3) effects on the visceral system including bowel or
15bladder dysfunction or hypotension.
16    (d) "Council" means the Advisory Council on Spinal Cord and
17Head Injuries.
18(Source: P.A. 86-510.)
 
19    (410 ILCS 515/3)  (from Ch. 111 1/2, par. 7853)
20    Sec. 3. (a) All reports and records made pursuant to this
21Act and maintained by the Department and other appropriate
22persons, officials and institutions pursuant to this Act shall
23be confidential. Information shall not be made available to any
24individual or institution except to:
25    (1) appropriate staff of the Department; and

 

 

SB2500- 64 -LRB101 11855 RLC 58807 b

1    (2) any person engaged in a bona fide research project,
2with the permission of the Director of Public Health, except
3that no information identifying the subjects of the reports or
4the reporters shall be made available to researchers unless the
5Department requests and receives consent for such release
6pursuant to the provisions of this Section. ; and
7    (3) the Council, except that no information identifying the
8subjects of the reports or the reporters shall be made
9available to the Council unless consent for release is
10requested and received pursuant to the provisions of this
11Section. Only information pertaining to head and spinal cord
12injuries as defined in Section 1 of this Act shall be released
13to the Council.
14    (b) The Department shall not reveal the identity of a
15patient, physician or hospital, except that the identity of the
16patient may be released upon written consent of the patient,
17parent or guardian, the identity of the physician may be
18released upon written consent of the physician, and the
19identity of the hospital may be released upon written consent
20of the hospital.
21    (c) The Department shall request consent for release from a
22patient, a physician or hospital only upon a showing by the
23applicant for such release that obtaining the identities of
24certain patients, physicians or hospitals is necessary for his
25bonafide research directly related to the objectives of this
26Act.

 

 

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1    (d) The Department shall at least annually compile a report
2of the data accumulated through the reporting system
3established under Section 2 of this Act and shall submit such
4data relating to spinal cord and head injuries in accordance
5with confidentiality restrictions established pursuant to this
6Act to the Council.
7(Source: P.A. 86-510.)
 
8    (410 ILCS 515/6 rep.)
9    Section 135. The Head and Spinal Cord Injury Act is amended
10by repealing Section 6.
 
11    Section 140. The Illinois Adverse Health Care Events
12Reporting Law of 2005 is amended by changing Section 10-45 as
13follows:
 
14    (410 ILCS 522/10-45)
15    Sec. 10-45. Testing period.
16    (a) Prior to the testing period in subsection (b), the
17Department shall adopt rules for implementing this Law in
18consultation with the Health Care Event Reporting Advisory
19Committee and individuals who have experience and expertise in
20devising and implementing adverse health care event or other
21health care quality reporting systems. The rules shall
22establish the methodology and format for health care facilities
23reporting information under this Law to the Department and

 

 

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1shall be finalized before the beginning of the testing period
2under subsection (b).
3    (b) The Department shall conduct a testing period of at
4least 6 months to test the reporting process to identify any
5problems or deficiencies with the planned reporting process.
6    (c) None of the information reported and analyzed during
7the testing period shall be used in any public report under
8this Law.
9    (d) The Department must substantially address the problems
10or deficiencies identified during the testing period before
11fully implementing the reporting system.
12    (e) After the testing period, and after any corrections,
13adjustments, or modifications are finalized, the Department
14must give at least 30 days written notice to health care
15facilities prior to full implementation of the reporting system
16and collection of adverse event data that will be used in
17public reports.
18    (f) Following the testing period, 4 calendar quarters of
19data must be collected prior to the Department's publishing the
20annual report of adverse events to the public under paragraph
21(4) of Section 10-35.
22    (g) The process described in subsections (a) through (e)
23must be completed by the Department no later than July 1, 2007.
24    (h) Notwithstanding any other provision of law, the
25Department may contract with an entity for receiving all
26adverse health care event reports, root cause analysis

 

 

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1findings, and corrective action plans that must be reported to
2the Department under this Law and for the compilation of the
3information and the provision of quarterly and annual reports
4to the Department describing such information according to the
5rules adopted by the Department under this Law.
6(Source: P.A. 94-242, eff. 7-18-05; 95-331, eff. 8-21-07.)
 
7    (410 ILCS 522/10-40 rep.)
8    Section 145. The Illinois Adverse Health Care Events
9Reporting Law of 2005 is amended by repealing Section 10-40.
 
10    Section 150. The Environmental Protection Act is amended by
11changing Section 17.7 as follows:
 
12    (415 ILCS 5/17.7)  (from Ch. 111 1/2, par. 1017.7)
13    Sec. 17.7. Community water supply testing fee.
14    (a) The Agency shall collect an annual nonrefundable
15testing fee from each community water supply for participating
16in the laboratory fee program for analytical services to
17determine compliance with contaminant levels specified in
18State or federal drinking water regulations. A community water
19supply may commit to participation in the laboratory fee
20program. If the community water supply makes such a commitment,
21it shall commit for a period consistent with the participation
22requirements established by the Agency and the Community Water
23Supply Testing Council (Council). If a community water supply

 

 

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1elects not to participate, it must annually notify the Agency
2in writing of its decision not to participate in the laboratory
3fee program.
4    (b) The Agency shall determine the fee for participating in
5the laboratory fee program for analytical services. The Agency
6may establish multi-year participation requirements for
7community water supplies and establish fees accordingly. The
8Agency shall base its annual fee determination upon the actual
9and anticipated costs for testing under State and federal
10drinking water regulations and the associated administrative
11costs of the Agency and the Council.
12    (c) Community water supplies that choose not to participate
13in the laboratory fee program or do not pay the fees shall have
14the duty to analyze all drinking water samples as required by
15State or federal safe drinking water regulations established
16after the federal Safe Drinking Water Act Amendments of 1986.
17    (d) There is hereby created in the State Treasury an
18interest-bearing special fund to be known as the Community
19Water Supply Laboratory Fund. All fees collected by the Agency
20under this Section shall be deposited into this Fund and shall
21be used for no other purpose except those established in this
22Section. In addition to any monies appropriated from the
23General Revenue Fund, monies in the Fund shall be appropriated
24to the Agency in amounts deemed necessary for laboratory
25testing of samples from community water supplies, and for the
26associated administrative expenses of the Agency and the

 

 

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1Council.
2    (e) The Agency is authorized to adopt reasonable and
3necessary rules for the administration of this Section. The
4Agency shall submit the proposed rules for review by the
5Council before submission of the rulemaking for the First
6Notice under Section 5-40 of the Illinois Administrative
7Procedure Act.
8    (f) The Director shall establish a Community Water Supply
9Testing Council, consisting of 5 persons who are elected
10municipal officials, 5 persons representing community water
11supplies, one person representing the engineering profession,
12one person representing investor-owned utilities, one person
13representing the Illinois Association of Environmental
14Laboratories, and 2 persons representing municipalities and
15community water supplies on a statewide basis, all appointed by
16the Director. Beginning in 1994, the Director shall appoint the
17following to the Council: (i) 2 elected municipal officials, 2
18community water supply representatives, and 1 investor-owned
19utility representative, each for a one-year term; (ii) 2
20elected municipal officials and 2 community water supply
21representatives, each for a 2 year term; and (iii) one elected
22municipal official, one community water supply representative,
23one person representing the engineering profession, and 2
24persons representing municipalities and community water
25supplies on a statewide basis, each for a 3 year term. As soon
26as possible after the effective date of this amendatory Act of

 

 

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1the 92nd General Assembly, the Director shall appoint one
2person representing the Illinois Association of Environmental
3Laboratories to a term of 3 years. Thereafter, the Director
4shall appoint successors in each position to 3 year terms. In
5case of a vacancy, the Director may appoint a successor to fill
6the remaining term of the vacancy. Members of the Council shall
7serve until a successor is appointed by the Director. The
8Council shall select from its members a chairperson and such
9other officers as it deems necessary. The Council shall meet at
10the call of the Director or the Chairperson of the Council. The
11Agency shall provide the Council with such supporting services
12as the Director and the Chairperson may designate, and members
13shall be reimbursed for ordinary and necessary expenses
14incurred in the performance of their duties. The Council shall
15have the following duties:
16        (1) to hold regular and special meetings at a time and
17    place designated by the Director or the Chairperson of the
18    Council;
19        (2) to consider appropriate means for long-term
20    financial support of water supply testing, and to make
21    recommendations to the Agency regarding a preferred
22    approach;
23        (3) to review and evaluate the financial implications
24    of current and future federal requirements for monitoring
25    of public water supplies;
26        (4) to review and evaluate management and financial

 

 

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1    audit reports related to the testing program, and to make
2    recommendations regarding the Agency's efforts to
3    implement the fee system and testing provided for by this
4    Section;
5        (5) to require an external audit as may be deemed
6    necessary by the Council; and
7        (6) to conduct such other activities as may be deemed
8    appropriate by the Director.
9(Source: P.A. 97-220, eff. 7-28-11.)
 
10    (420 ILCS 40/14 rep.)
11    Section 155. The Radiation Protection Act of 1990 is
12amended by repealing Section 14.
 
13    (430 ILCS 40/6 rep.)
14    Section 160. The Illinois Poison Prevention Packaging Act
15is amended by repealing Section 6.
 
16    Section 999. Effective date. This Act takes effect upon
17becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 177/10
4    5 ILCS 177/15 rep.
5    20 ILCS 605/605-300was 20 ILCS 605/46.2
6    20 ILCS 605/605-360 rep.
7    20 ILCS 605/605-425 rep.
8    20 ILCS 605/605-1000 rep.
9    20 ILCS 2310/2310-376
10    20 ILCS 2310/2310-76 rep.
11    20 ILCS 2310/2310-77 rep.
12    20 ILCS 2310/2310-349 rep.
13    20 ILCS 2310/2310-560 rep.
14    20 ILCS 2325/5
15    20 ILCS 2325/10
16    20 ILCS 2325/20
17    20 ILCS 2325/15 rep.
18    20 ILCS 2325/25 rep.
19    20 ILCS 2407/Art. 2 rep.
20    20 ILCS 2407/53
21    20 ILCS 3310/10
22    20 ILCS 3950/Act rep.
23    20 ILCS 4024/Act rep.
24    30 ILCS 772/20
25    30 ILCS 780/5-30

 

 

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1    210 ILCS 25/Art. V rep.
2    210 ILCS 86/25
3    210 ILCS 110/13A rep.
4    225 ILCS 5/3from Ch. 111, par. 7603
5    225 ILCS 5/5from Ch. 111, par. 7605
6    225 ILCS 5/19from Ch. 111, par. 7619
7    225 ILCS 5/19.5
8    225 ILCS 5/24from Ch. 111, par. 7624
9    225 ILCS 5/6 rep.
10    225 ILCS 5/21 rep.
11    225 ILCS 5/22 rep.
12    225 ILCS 50/3from Ch. 111, par. 7403
13    225 ILCS 50/8from Ch. 111, par. 7408
14    225 ILCS 50/14from Ch. 111, par. 7414
15    225 ILCS 50/15from Ch. 111, par. 7415
16    225 ILCS 50/18from Ch. 111, par. 7418
17    225 ILCS 50/21from Ch. 111, par. 7421
18    225 ILCS 50/22from Ch. 111, par. 7422
19    225 ILCS 50/23from Ch. 111, par. 7423
20    225 ILCS 50/27.1from Ch. 111, par. 7427.1
21    225 ILCS 50/30from Ch. 111, par. 7430
22    225 ILCS 50/16 rep.
23    225 ILCS 50/17 rep.
24    405 ILCS 90/35
25    410 ILCS 110/10
26    410 ILCS 110/25

 

 

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1    410 ILCS 110/30
2    410 ILCS 110/20 rep.
3    410 ILCS 110/35 rep.
4    410 ILCS 221/Act rep.
5    410 ILCS 225/7 rep.
6    410 ILCS 303/25 rep.
7    410 ILCS 413/15 rep.
8    410 ILCS 413/20 rep.
9    410 ILCS 515/1from Ch. 111 1/2, par. 7851
10    410 ILCS 515/3from Ch. 111 1/2, par. 7853
11    410 ILCS 515/6 rep.
12    410 ILCS 522/10-45
13    410 ILCS 522/10-40 rep.
14    415 ILCS 5/17.7from Ch. 111 1/2, par. 1017.7
15    420 ILCS 40/14 rep.
16    430 ILCS 40/6 rep.