093_SB1117eng

 
SB1117 Engrossed                     LRB093 05975 DRH 11348 b

 1        AN ACT in relation to physician  assistants  and  advance
 2    practice nurses.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Illinois  Identification  Card  Act  is
 6    amended by changing Section 4 as follows:

 7        (15 ILCS 335/4) (from Ch. 124, par. 24)
 8        Sec. 4.  Identification Card.
 9        (a)  The  Secretary  of  State  shall  issue  a  standard
10    Illinois Identification Card to any natural person who  is  a
11    resident  of the State of Illinois who applies for such card,
12    or renewal thereof, or who applies for  a  standard  Illinois
13    Identification  Card  upon  release  as a committed person on
14    parole, mandatory supervised  release,  final  discharge,  or
15    pardon  from  the  Department of Corrections by submitting an
16    identification card issued by the Department  of  Corrections
17    under  Section  3-14-1  of  the  Unified Code of Corrections,
18    together  with  the  prescribed  fees.   The  card  shall  be
19    prepared and supplied by the Secretary  of  State  and  shall
20    include  a  photograph of the applicant.  The applicant, upon
21    receipt of a card and prior to its use for any purpose, shall
22    affix his signature thereon in the space  provided  therefor.
23    The   Illinois   Identification   Card   may   be   used  for
24    identification purposes in any lawful situation only  by  the
25    person   to  whom  it  was  issued.  As  used  in  this  Act,
26    "photograph" means any color photograph or digitally produced
27    and captured image of  an  applicant  for  an  identification
28    card.   As  used in this Act, "signature" means the name of a
29    person as written by that person and  captured  in  a  manner
30    acceptable to the Secretary of State.
31        (b)  The   Secretary  of  State  shall  issue  a  special
 
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 1    Illinois Identification Card, which  shall  be  known  as  an
 2    Illinois  Disabled Person Identification Card, to any natural
 3    person who is a resident of the State of Illinois, who  is  a
 4    disabled  person  as  defined  in Section 4A of this Act, who
 5    applies for such card, or renewal thereof.  The Secretary  of
 6    State shall charge no fee to issue such card.  The card shall
 7    be prepared and supplied by the Secretary of State, and shall
 8    include   a   photograph  of  the  applicant,  a  designation
 9    indicating that the  card  is  an  Illinois  Disabled  Person
10    Identification  Card,  and  shall  include  a  comprehensible
11    designation of the type and classification of the applicant's
12    disability  as  set  out  in  Section 4A of this Act.  If the
13    applicant so requests, the card shall include  a  description
14    of  the  applicant's disability and any information about the
15    applicant's disability or medical history which the Secretary
16    determines would be helpful  to  the  applicant  in  securing
17    emergency  medical care.  The applicant, upon receipt of such
18    a card and prior to its  use  for  any  purpose,  shall  have
19    affixed  thereon in the space provided therefor his signature
20    or mark.  If a mark is used in lieu of a signature, such mark
21    shall be affixed to the card in the presence of two witnesses
22    who attest to the authenticity of  the  mark.   The  Illinois
23    Disabled   Person   Identification   Card  may  be  used  for
24    identification purposes in any lawful situation by the person
25    to whom it was issued.
26        The Illinois Disabled Person Identification Card  may  be
27    used  as  adequate  documentation  of disability in lieu of a
28    physician's determination of disability, a  determination  of
29    disability  from a physician assistant who has been delegated
30    the authority to  make  this  determination  by  his  or  her
31    supervising  physician, a determination of disability from an
32    advanced practice  nurse  who  has  a  written  collaborative
33    agreement  with a collaborating physician that authorizes the
34    advanced practice nurse to make this  determination,  or  any
 
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 1    other  documentation  of  disability  whenever  any State law
 2    requires that a disabled person provide such documentation of
 3    disability,   however    an    Illinois    Disabled    Person
 4    Identification  Card  shall  not  qualify  the  cardholder to
 5    participate in any program or to receive any benefit which is
 6    not  available  to  all  persons  with   like   disabilities.
 7    Notwithstanding  any  other  provisions  of  law, an Illinois
 8    Disabled Person Identification Card,  or  evidence  that  the
 9    Secretary  of  State  has  issued an Illinois Disabled Person
10    Identification Card, shall not be used by  any  person  other
11    than  the  person named on such card to prove that the person
12    named on such card is a disabled  person  or  for  any  other
13    purpose unless the card is used for the benefit of the person
14    named  on  such  card,  and  the  person  named  on such card
15    consents to such use at the time the card is so used.
16        When medical information  is  contained  on  an  Illinois
17    Disabled  Person  Identification  Card,  the  Office  of  the
18    Secretary  of State shall not be liable for any actions taken
19    based upon that medical information.
20        (c)  Beginning January 1, 1986, the  Secretary  of  State
21    shall   provide   that  each  original  or  renewal  Illinois
22    Identification   Card    or    Illinois    Disabled    Person
23    Identification  Card  issued to a person under the age of 21,
24    shall  be  of  a  distinct   nature   from   those   Illinois
25    Identification    Cards    or    Illinois   Disabled   Person
26    Identification Cards issued to individuals 21 years of age or
27    older. The color designated for Illinois Identification Cards
28    or Illinois Disabled Person Identification Cards for  persons
29    under  the  age  of  21  shall  be  at  the discretion of the
30    Secretary of State.
31        (c-1)  Beginning  January  1,  2003,  each  original   or
32    renewal  Illinois  Identification  Card  or Illinois Disabled
33    Person Identification Card issued to a person under  the  age
34    of 21 shall display the date upon which the person becomes 18
 
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 1    years  of  age  and the date upon which the person becomes 21
 2    years of age.
 3        (d)  The Secretary of State may issue  a  Senior  Citizen
 4    discount card, to any natural person who is a resident of the
 5    State  of  Illinois  who  is 60 years of age or older and who
 6    applies for such a card or renewal thereof.  The Secretary of
 7    State shall charge no fee to issue such card.  The card shall
 8    be issued in every county  and  applications  shall  be  made
 9    available  at,  but  not  limited to, nutrition sites, senior
10    citizen centers and Area Agencies on Aging.   The  applicant,
11    upon  receipt  of  such  card  and  prior  to its use for any
12    purpose, shall have affixed thereon  in  the  space  provided
13    therefor his signature or mark.
14    (Source: P.A. 92-240, eff. 1-1-02; 92-689, eff. 1-1-03.)

15        Section  10.  The  Illinois  Vehicle  Code  is amended by
16    changing Sections 1-159.1 and 3-616 as follows:

17        (625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)
18        Sec. 1-159.1.  Person with disabilities. A natural person
19    who, as determined by a licensed physician,  by  a  physician
20    assistant  who  has been delegated the authority to make this
21    determination by his or her supervising physician, or  by  an
22    advanced  practice  nurse  who  has  a  written collaborative
23    agreement with a collaborating physician that authorizes  the
24    advanced  practice  nurse  to  make  this determination:  (1)
25    cannot walk without the use of, or assistance from, a  brace,
26    cane,  crutch, another person, prosthetic device, wheelchair,
27    or other assistive device; (2) is restricted by lung  disease
28    to  such  an  extent  that  his  or  her forced (respiratory)
29    expiratory  volume  for  one   second,   when   measured   by
30    spirometry,  is  less  than one liter, or the arterial oxygen
31    tension is less than 60 mm/hg on room air at rest;  (3)  uses
32    portable  oxygen;  (4)  has a cardiac condition to the extent
 
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 1    that the person's functional limitations  are  classified  in
 2    severity as Class III or Class IV, according to standards set
 3    by the American Heart Association; (5) is severely limited in
 4    the   person's   ability   to   walk  due  to  an  arthritic,
 5    neurological, or orthopedic condition; or (6) cannot walk 200
 6    feet without stopping to rest because of one of the  above  5
 7    conditions.
 8    (Source: P.A. 92-411, eff. 1-1-02.)

 9        (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
10        Sec. 3-616.  Person with disabilities license plates.
11        (a)  Upon  receiving  an application for a certificate of
12    registration for a motor vehicle of the first division or for
13    a motor vehicle of the second division weighing no more  than
14    8,000  pounds,  accompanied  with payment of the registration
15    fees required under this Code from a person with disabilities
16    or a person who is deaf or hard of hearing, the Secretary  of
17    State,   if   so   requested,  shall  issue  to  such  person
18    registration  plates  as  provided  for  in  Section   3-611,
19    provided  that  the person with disabilities or person who is
20    deaf or  hard  of  hearing  must  not  be  disqualified  from
21    obtaining  a  driver's  license under subsection 8 of Section
22    6-103 of this Code, and  further  provided  that  any  person
23    making such a request must submit a statement, certified by a
24    licensed  physician,  by  a  physician assistant who has been
25    delegated the authority to make this certification by his  or
26    her  supervising  physician, or by an advanced practice nurse
27    who  has   a   written   collaborative   agreement   with   a
28    collaborating physician that authorizes the advanced practice
29    nurse  to  make  this  certification, to the effect that such
30    person is a person with disabilities as  defined  by  Section
31    1-159.1  of  this  Code,  or  alternatively  provide adequate
32    documentation that such person has a Class 1A,  Class  2A  or
33    Type  Four  disability  under the provisions of Section 4A of
 
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 1    the Illinois Identification Card Act.  For purposes  of  this
 2    Section,  an  Illinois  Disabled  Person  Identification Card
 3    issued pursuant  to  the  Illinois  Identification  Card  Act
 4    indicating  that  the  person  thereon named has a disability
 5    shall be adequate documentation of such a disability.
 6        (b)  The Secretary shall issue plates under this  Section
 7    to  a  parent or legal guardian of a person with disabilities
 8    if the person with disabilities has a Class 1A  or  Class  2A
 9    disability   as   defined  in  Section  4A  of  the  Illinois
10    Identification Card Act or is a person with  disabilities  as
11    defined by Section 1-159.1 of this Code, and does not possess
12    a  vehicle  registered  in his or her name, provided that the
13    person with disabilities relies frequently on the  parent  or
14    legal  guardian  for  transportation.   Only  one vehicle per
15    family may be registered under this  subsection,  unless  the
16    applicant  can justify in writing the need for one additional
17    set of plates.  Any person requesting  special  plates  under
18    this  subsection  shall  submit  such  documentation  or such
19    physician's,  physician  assistant's,  or  advanced  practice
20    nurse's statement as is required  in  subsection  (a)  and  a
21    statement   describing   the   circumstances  qualifying  for
22    issuance of special plates under this subsection.
23        (c)  The Secretary may issue a person  with  disabilities
24    parking  decal  or  device  to  a person with disabilities as
25    defined by Section 1-159.1 without regard to qualification of
26    such person with  disabilities  for  a  driver's  license  or
27    registration of a vehicle by such person with disabilities or
28    such  person's  immediate  family,  provided such person with
29    disabilities making such a request has been issued a Disabled
30    Person Identification Card indicating that the  person  named
31    thereon   has   a   Class  1A  or  Class  2A  disability,  or
32    alternatively, submits a statement certified  by  a  licensed
33    physician,  or  by  a  physician  assistant  or  an  advanced
34    practice  nurse  as provided in subsection (a), to the effect
 
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 1    that such person is a person with disabilities as defined  by
 2    Section 1-159.1.
 3        (d)  The   Secretary   shall   prescribe   by  rules  and
 4    regulations procedures to certify or re-certify as  necessary
 5    the  eligibility of persons whose disabilities are other than
 6    permanent for special  plates  or  person  with  disabilities
 7    parking  decals  or devices issued under subsections (a), (b)
 8    and (c).  Except as provided under  subsection  (f)  of  this
 9    Section,  no  such special plates, decals or devices shall be
10    issued by the Secretary of State  to  or  on  behalf  of  any
11    person  with  disabilities unless such person is certified as
12    meeting the definition of a person with disabilities pursuant
13    to Section 1-159.1 or meeting the requirement of a Type  Four
14    disability  as  provided  under  Section  4A  of the Illinois
15    Identification Card Act for  the  period  of  time  that  the
16    physician,  or  the  physician assistant or advanced practice
17    nurse as provided in subsection (a), determines the applicant
18    will have the disability, but not to exceed 6 months from the
19    date of certification or recertification.
20        (e)  Any person  requesting  special  plates  under  this
21    Section   may   also   apply   to  have  the  special  plates
22    personalized, as provided under Section 3-405.1.
23        (f)  The Secretary  of  State,  upon  application,  shall
24    issue  person  with  disabilities  registration  plates  or a
25    person  with  disabilities  parking  decal  to  corporations,
26    school  districts,  State  or  municipal  agencies,   limited
27    liability  companies,  nursing  homes, convalescent homes, or
28    special education cooperatives which will  transport  persons
29    with  disabilities.  The Secretary shall  prescribe by rule a
30    means  to  certify  or   re-certify   the   eligibility    of
31    organizations  to  receive person with disabilities plates or
32    decals  and  to  designate  which  of  the  2   person   with
33    disabilities emblems shall be placed on qualifying vehicles.
34        (g)  The  Secretary  of State, or his designee, may enter
 
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 1    into agreements with other jurisdictions,  including  foreign
 2    jurisdictions,  on  behalf  of  this  State  relating  to the
 3    extension of parking  privileges  by  such  jurisdictions  to
 4    permanently  disabled  residents  of this State who display a
 5    special license plate or parking  device  that  contains  the
 6    International  symbol  of access on his or her motor vehicle,
 7    and to recognize such plates or devices issued by such  other
 8    jurisdictions.   This  State  shall  grant  the  same parking
 9    privileges which are granted to disabled  residents  of  this
10    State  to any non-resident whose motor vehicle is licensed in
11    another state, district, territory or foreign country if such
12    vehicle displays the international  symbol  of  access  or  a
13    distinguishing  insignia  on license plates or parking device
14    issued in accordance with  the  laws  of  the  non-resident's
15    state, district, territory or foreign country.
16    (Source:  P.A.  91-769,  eff.  6-9-00;  92-16,  eff. 6-28-01;
17    92-411, eff. 1-1-02; 92-651, eff. 7-11-02.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.