State of Illinois
2015 and 2016


Introduced , by Rep. Michael J. Zalewski


See Index

    Amends various Acts to add physician assistants to provisions applicable to physicians, including adding physician assistant members to various committees and boards. Amends the Illinois Identification Card Act. Specifies that the physician assistant who may make a determination of disability for the purposes of an Illinois Persons with a Disability Identification Card is a physician assistant who has been delegated the authority to make this determination by his or her supervising physician. Amends the Alcoholism and Other Drug Abuse and Dependency Act. Adds the President of the Illinois Academy of Physician Assistants or his or her designee to the Illinois Advisory Council on Alcoholism and Other Drug Dependency. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Adds representative of a professional organization representing physician assistants to various task forces and councils. Requires that the Department of Public Health consult with the Illinois Academy of Physician Assistants in developing the summary of health care for women and that the summary be distributed to physician assistants. Requires that the Department of Public Health consult with a statewide professional organization representing physician assistants in developing the POLST form. Makes other changes.

LRB099 17179 AMC 45030 b






HB5947LRB099 17179 AMC 45030 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Public Employee Disability Act is amended by
5changing Section 1 as follows:
6    (5 ILCS 345/1)  (from Ch. 70, par. 91)
7    Sec. 1. Disability benefit.
8    (a) For the purposes of this Section, "eligible employee"
9means any part-time or full-time State correctional officer or
10any other full or part-time employee of the Department of
11Corrections, any full or part-time employee of the Prisoner
12Review Board, any full or part-time employee of the Department
13of Human Services working within a penal institution or a State
14mental health or developmental disabilities facility operated
15by the Department of Human Services, and any full-time law
16enforcement officer or full-time firefighter who is employed by
17the State of Illinois, any unit of local government (including
18any home rule unit), any State supported college or university,
19or any other public entity granted the power to employ persons
20for such purposes by law.
21    (b) Whenever an eligible employee suffers any injury in the
22line of duty which causes him to be unable to perform his
23duties, he shall continue to be paid by the employing public



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1entity on the same basis as he was paid before the injury, with
2no deduction from his sick leave credits, compensatory time for
3overtime accumulations or vacation, or service credits in a
4public employee pension fund during the time he is unable to
5perform his duties due to the result of the injury, but not
6longer than one year in relation to the same injury. However,
7no injury to an employee of the Department of Corrections or
8the Prisoner Review Board working within a penal institution or
9an employee of the Department of Human Services working within
10a departmental mental health or developmental disabilities
11facility shall qualify the employee for benefits under this
12Section unless the injury is the direct or indirect result of
13violence by inmates of the penal institution or residents of
14the mental health or developmental disabilities facility.
15    (c) At any time during the period for which continuing
16compensation is required by this Act, the employing public
17entity may order at the expense of that entity physical or
18medical examinations of the injured person to determine the
19degree of disability.
20    (d) During this period of disability, the injured person
21shall not be employed in any other manner, with or without
22monetary compensation. Any person who is employed in violation
23of this paragraph forfeits the continuing compensation
24provided by this Act from the time such employment begins. Any
25salary compensation due the injured person from workers'
26compensation or any salary due him from any type of insurance



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1which may be carried by the employing public entity shall
2revert to that entity during the time for which continuing
3compensation is paid to him under this Act. Any person with a
4disability receiving compensation under the provisions of this
5Act shall not be entitled to any benefits for which he would
6qualify because of his disability under the provisions of the
7Illinois Pension Code.
8    (e) Any employee of the State of Illinois, as defined in
9Section 14-103.05 of the Illinois Pension Code, who becomes
10permanently unable to perform the duties of such employment due
11to an injury received in the active performance of his duties
12as a State employee as a result of a willful act of violence by
13another employee of the State of Illinois, as so defined,
14committed during such other employee's course of employment and
15after January 1, 1988, shall be eligible for benefits pursuant
16to the provisions of this Section. For purposes of this
17Section, permanent disability is defined as a diagnosis or
18prognosis of an inability to return to current job duties by a
19physician licensed to practice medicine in all of its branches
20or a physician assistant.
21    (f) The compensation and other benefits provided to
22part-time employees covered by this Section shall be calculated
23based on the percentage of time the part-time employee was
24scheduled to work pursuant to his or her status as a part-time
26    (g) Pursuant to paragraphs (h) and (i) of Section 6 of



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1Article VII of the Illinois Constitution, this Act specifically
2denies and limits the exercise by home rule units of any power
3which is inconsistent herewith, and all existing laws and
4ordinances which are inconsistent herewith are hereby
5superseded. This Act does not preempt the concurrent exercise
6by home rule units of powers consistent herewith.
7    This Act does not apply to any home rule unit with a
8population of over 1,000,000.
9    (h) In those cases where the injury to a State employee for
10which a benefit is payable under this Act was caused under
11circumstances creating a legal liability for damages on the
12part of some person other than the State employer, all of the
13rights and privileges, including the right to notice of suit
14brought against such other person and the right to commence or
15join in such suit, as given the employer, together with the
16conditions or obligations imposed under paragraph (b) of
17Section 5 of the Workers' Compensation Act, are also given and
18granted to the State, to the end that, with respect to State
19employees only, the State may be paid or reimbursed for the
20amount of benefit paid or to be paid by the State to the
21injured employee or his or her personal representative out of
22any judgment, settlement, or payment for such injury obtained
23by such injured employee or his or her personal representative
24from such other person by virtue of the injury.
25(Source: P.A. 99-143, eff. 7-27-15.)



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1    Section 10. The State Employees Group Insurance Act of 1971
2is amended by changing Section 6.11A as follows:
3    (5 ILCS 375/6.11A)
4    Sec. 6.11A. Physical therapy and occupational therapy.
5    (a) The program of health benefits provided under this Act
6shall provide coverage for medically necessary physical
7therapy and occupational therapy when that therapy is ordered
8for the treatment of autoimmune diseases or referred for the
9same purpose by (i) a physician licensed under the Medical
10Practice Act of 1987, (ii) a physician physician's assistant
11licensed under the Physician Physician's Assistant Practice
12Act of 1987, or (iii) an advanced practice nurse licensed under
13the Nurse Practice Act.
14    (b) For the purpose of this Section, "medically necessary"
15means any care, treatment, intervention, service, or item that
16will or is reasonably expected to:
17        (i) prevent the onset of an illness, condition, injury,
18    disease, or disability;
19        (ii) reduce or ameliorate the physical, mental, or
20    developmental effects of an illness, condition, injury,
21    disease, or disability; or
22        (iii) assist the achievement or maintenance of maximum
23    functional activity in performing daily activities.
24    (c) The coverage required under this Section shall be
25subject to the same deductible, coinsurance, waiting period,



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1cost sharing limitation, treatment limitation, calendar year
2maximum, or other limitations as provided for other physical or
3rehabilitative or occupational therapy benefits covered by the
5    (d) Upon request of the reimbursing insurer, the provider
6of the physical therapy or occupational therapy shall furnish
7medical records, clinical notes, or other necessary data that
8substantiate that initial or continued treatment is medically
9necessary. When treatment is anticipated to require continued
10services to achieve demonstrable progress, the insurer may
11request a treatment plan consisting of the diagnosis, proposed
12treatment by type, proposed frequency of treatment,
13anticipated duration of treatment, anticipated outcomes stated
14as goals, and proposed frequency of updating the treatment
16    (e) When making a determination of medical necessity for
17treatment, an insurer must make the determination in a manner
18consistent with the manner in which that determination is made
19with respect to other diseases or illnesses covered under the
20policy, including an appeals process. During the appeals
21process, any challenge to medical necessity may be viewed as
22reasonable only if the review includes a licensed health care
23professional with the same category of license as the
24professional who ordered or referred the service in question
25and with expertise in the most current and effective treatment.
26(Source: P.A. 96-1227, eff. 1-1-11; 97-604, eff. 8-26-11.)



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1    Section 15. The Election Code is amended by changing
2Sections 19-12.1 and 19-13 as follows:
3    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
4    Sec. 19-12.1. Any qualified elector who has secured an
5Illinois Person with a Disability Identification Card in
6accordance with the Illinois Identification Card Act,
7indicating that the person named thereon has a Class 1A or
8Class 2 disability or any qualified voter who has a permanent
9physical incapacity of such a nature as to make it improbable
10that he will be able to be present at the polls at any future
11election, or any voter who is a resident of (i) a federally
12operated veterans' home, hospital, or facility located in
13Illinois or (ii) a facility licensed or certified pursuant to
14the Nursing Home Care Act, the Specialized Mental Health
15Rehabilitation Act of 2013, the ID/DD Community Care Act, or
16the MC/DD Act and has a condition or disability of such a
17nature as to make it improbable that he will be able to be
18present at the polls at any future election, may secure a
19voter's identification card for persons with disabilities or a
20nursing home resident's identification card, which will enable
21him to vote under this Article as a physically incapacitated or
22nursing home voter. For the purposes of this Section,
23"federally operated veterans' home, hospital, or facility"
24means the long-term care facilities at the Jesse Brown VA



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1Medical Center, Illiana Health Care System, Edward Hines, Jr.
2VA Hospital, Marion VA Medical Center, and Captain James A.
3Lovell Federal Health Care Center.
4    Application for a voter's identification card for persons
5with disabilities or a nursing home resident's identification
6card shall be made either: (a) in writing, with voter's sworn
7affidavit, to the county clerk or board of election
8commissioners, as the case may be, and shall be accompanied by
9the affidavit of the attending physician or a physician
10assistant specifically describing the nature of the physical
11incapacity or the fact that the voter is a nursing home
12resident and is physically unable to be present at the polls on
13election days; or (b) by presenting, in writing or otherwise,
14to the county clerk or board of election commissioners, as the
15case may be, proof that the applicant has secured an Illinois
16Person with a Disability Identification Card indicating that
17the person named thereon has a Class 1A or Class 2 disability.
18Upon the receipt of either the sworn-to application and the
19physician's or a physician assistant's affidavit or proof that
20the applicant has secured an Illinois Person with a Disability
21Identification Card indicating that the person named thereon
22has a Class 1A or Class 2 disability, the county clerk or board
23of election commissioners shall issue a voter's identification
24card for persons with disabilities or a nursing home resident's
25identification card. Such identification cards shall be issued
26for a period of 5 years, upon the expiration of which time the



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1voter may secure a new card by making application in the same
2manner as is prescribed for the issuance of an original card,
3accompanied by a new affidavit of the attending physician or a
4physician assistant. The date of expiration of such five-year
5period shall be made known to any interested person by the
6election authority upon the request of such person.
7Applications for the renewal of the identification cards shall
8be mailed to the voters holding such cards not less than 3
9months prior to the date of expiration of the cards.
10    Each voter's identification card for persons with
11disabilities or nursing home resident's identification card
12shall bear an identification number, which shall be clearly
13noted on the voter's original and duplicate registration record
14cards. In the event the holder becomes physically capable of
15resuming normal voting, he must surrender his voter's
16identification card for persons with disabilities or nursing
17home resident's identification card to the county clerk or
18board of election commissioners before the next election.
19    The holder of a voter's identification card for persons
20with disabilities or a nursing home resident's identification
21card may make application by mail for an official ballot within
22the time prescribed by Section 19-2. Such application shall
23contain the same information as is included in the form of
24application for ballot by a physically incapacitated elector
25prescribed in Section 19-3 except that it shall also include
26the applicant's voter's identification card for persons with



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1disabilities card number and except that it need not be sworn
2to. If an examination of the records discloses that the
3applicant is lawfully entitled to vote, he shall be mailed a
4ballot as provided in Section 19-4. The ballot envelope shall
5be the same as that prescribed in Section 19-5 for voters with
6physical disabilities, and the manner of voting and returning
7the ballot shall be the same as that provided in this Article
8for other vote by mail ballots, except that a statement to be
9subscribed to by the voter but which need not be sworn to shall
10be placed on the ballot envelope in lieu of the affidavit
11prescribed by Section 19-5.
12    Any person who knowingly subscribes to a false statement in
13connection with voting under this Section shall be guilty of a
14Class A misdemeanor.
15    For the purposes of this Section, "nursing home resident"
16includes a resident of (i) a federally operated veterans' home,
17hospital, or facility located in Illinois or (ii) a facility
18licensed under the ID/DD Community Care Act, the MC/DD Act, or
19the Specialized Mental Health Rehabilitation Act of 2013. For
20the purposes of this Section, "federally operated veterans'
21home, hospital, or facility" means the long-term care
22facilities at the Jesse Brown VA Medical Center, Illiana Health
23Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
24Center, and Captain James A. Lovell Federal Health Care Center.
25(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
2699-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)



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1    (10 ILCS 5/19-13)  (from Ch. 46, par. 19-13)
2    Sec. 19-13. Any qualified voter who has been admitted to a
3hospital, nursing home, or rehabilitation center due to an
4illness or physical injury not more than 14 days before an
5election shall be entitled to personal delivery of a vote by
6mail ballot in the hospital, nursing home, or rehabilitation
7center subject to the following conditions:
8    (1) The voter completes the Application for Physically
9Incapacitated Elector as provided in Section 19-3, stating as
10reasons therein that he is a patient in ............... (name
11of hospital/home/center), ............... located at,
12............... (address of hospital/home/center),
13............... (county, city/village), was admitted for
14............... (nature of illness or physical injury), on
15............... (date of admission), and does not expect to be
16released from the hospital/home/center on or before the day of
17election or, if released, is expected to be homebound on the
18day of the election and unable to travel to the polling place.
19    (2) The voter's physician completes a Certificate of
20Attending Physician in a form substantially as follows:
22    I state that I am a physician, duly licensed to practice in
23the State of .........; that .......... is a patient in
24.......... (name of hospital/home/center), located at
25............. (address of hospital/home/center),



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1................. (county, city/village); that such individual
2was admitted for ............. (nature of illness or physical
3injury), on ............ (date of admission); and that I have
4examined such individual in the State in which I am licensed to
5practice medicine and do not expect such individual to be
6released from the hospital/home/center on or before the day of
7election or, if released, to be able to travel to the polling
8place on election day.
9    Under penalties as provided by law pursuant to Section
1029-10 of The Election Code, the undersigned certifies that the
11statements set forth in this certification are true and
(Signature) ...............
(Date licensed) ............
15    (3) Any person who is registered to vote in the same
16precinct as the admitted voter or any legal relative of the
17admitted voter may present such voter's vote by mail ballot
18application, completed as prescribed in paragraph 1,
19accompanied by the physician's or a physician assistant's
20certificate, completed as prescribed in paragraph 2, to the
21election authority. Such precinct voter or relative shall
22execute and sign an affidavit furnished by the election
23authority attesting that he is a registered voter in the same
24precinct as the admitted voter or that he is a legal relative
25of the admitted voter and stating the nature of the
26relationship. Such precinct voter or relative shall further



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



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



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



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



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



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



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



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



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1or Illinois Person with a Disability Identification Card.
2(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
398-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
47-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised
6    Section 25. The Civil Administrative Code of Illinois is
7amended by changing Section 5-235 as follows:
8    (20 ILCS 5/5-235)  (was 20 ILCS 5/7.03)
9    Sec. 5-235. In the Department of Public Health.
10    (a) The Director of Public Health shall be either a
11physician licensed to practice medicine in all of its branches
12in Illinois, a physician assistant, or a person who has
13administrative experience in public health work at the local,
14state, or national level in accordance with subsection (b).
15    If the Director is not a physician licensed to practice
16medicine in all its branches or a physician assistant, then a
17Medical Director shall be appointed who shall be a physician
18licensed to practice medicine in all its branches or a
19physician assistant. The Medical Director shall report
20directly to the Director. If the Director is not a physician or
21a physician assistant, the Medical Director shall have primary
22responsibility for overseeing the following regulatory and
23policy areas:
24        (1) Department responsibilities concerning hospital



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1    and health care facility regulation, emergency services,
2    ambulatory surgical treatment centers, health care
3    professional regulation and credentialing, advising the
4    Board of Health, patient safety initiatives, and the
5    State's response to disease prevention and outbreak
6    management and control.
7        (2) Any other duties assigned by the Director or
8    required by law.
9    (b) A Director of Public Health who is not a physician
10licensed to practice medicine in all its branches or a
11physician assistant shall at a minimum have the following
12education and experience:
13        (1) 5 years of full-time administrative experience in
14    public health and a master's degree in public health from
15    (i) a college or university accredited by the North Central
16    Association or (ii) any other nationally recognized
17    regional accrediting agency; or
18        (2) 5 years of full-time administrative experience in
19    public health and a graduate degree in a related field from
20    (i) a college or university accredited by the North Central
21    Association or (ii) any other nationally recognized
22    regional accrediting agency. For the purposes of this item
23    (2), "a graduate degree in a related field" includes, but
24    is not limited to, a master's degree in public
25    administration, nursing, environmental health, community
26    health, or health education.



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1    (c) The Assistant Director of Public Health shall be a
2person who has administrative experience in public health work.
3(Source: P.A. 97-798, eff. 7-13-12.)
4    Section 30. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing Sections 5-23, 10-55,
620-15, 30-5, and 35-5 as follows:
7    (20 ILCS 301/5-23)
8    Sec. 5-23. Drug Overdose Prevention Program.
9    (a) Reports of drug overdose.
10        (1) The Director of the Division of Alcoholism and
11    Substance Abuse shall publish annually a report on drug
12    overdose trends statewide that reviews State death rates
13    from available data to ascertain changes in the causes or
14    rates of fatal and nonfatal drug overdose. The report shall
15    also provide information on interventions that would be
16    effective in reducing the rate of fatal or nonfatal drug
17    overdose and shall include an analysis of drug overdose
18    information reported to the Department of Public Health
19    pursuant to subsection (e) of Section 3-3013 of the
20    Counties Code, Section 6.14g of the Hospital Licensing Act,
21    and subsection (j) of Section 22-30 of the School Code.
22        (2) The report may include:
23            (A) Trends in drug overdose death rates.
24            (B) Trends in emergency room utilization related



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1        to drug overdose and the cost impact of emergency room
2        utilization.
3            (C) Trends in utilization of pre-hospital and
4        emergency services and the cost impact of emergency
5        services utilization.
6            (D) Suggested improvements in data collection.
7            (E) A description of other interventions effective
8        in reducing the rate of fatal or nonfatal drug
9        overdose.
10            (F) A description of efforts undertaken to educate
11        the public about unused medication and about how to
12        properly dispose of unused medication, including the
13        number of registered collection receptacles in this
14        State, mail-back programs, and drug take-back events.
15    (b) Programs; drug overdose prevention.
16        (1) The Director may establish a program to provide for
17    the production and publication, in electronic and other
18    formats, of drug overdose prevention, recognition, and
19    response literature. The Director may develop and
20    disseminate curricula for use by professionals,
21    organizations, individuals, or committees interested in
22    the prevention of fatal and nonfatal drug overdose,
23    including, but not limited to, drug users, jail and prison
24    personnel, jail and prison inmates, drug treatment
25    professionals, emergency medical personnel, hospital
26    staff, families and associates of drug users, peace



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



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1        (1) The Director may award grants, in accordance with
2    this subsection, to create or support local drug overdose
3    prevention, recognition, and response projects. Local
4    health departments, correctional institutions, hospitals,
5    universities, community-based organizations, and
6    faith-based organizations may apply to the Department for a
7    grant under this subsection at the time and in the manner
8    the Director prescribes.
9        (2) In awarding grants, the Director shall consider the
10    necessity for overdose prevention projects in various
11    settings and shall encourage all grant applicants to
12    develop interventions that will be effective and viable in
13    their local areas.
14        (3) The Director shall give preference for grants to
15    proposals that, in addition to providing life-saving
16    interventions and responses, provide information to drug
17    users on how to access drug treatment or other strategies
18    for abstaining from illegal drugs. The Director shall give
19    preference to proposals that include one or more of the
20    following elements:
21            (A) Policies and projects to encourage persons,
22        including drug users, to call 911 when they witness a
23        potentially fatal drug overdose.
24            (B) Drug overdose prevention, recognition, and
25        response education projects in drug treatment centers,
26        outreach programs, and other organizations that work



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



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



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1    of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
2    or any other professional licensing statute, or (ii)
3    subject to any criminal prosecution or civil liability,
4    except for willful and wanton misconduct.
5        (3) A health care professional prescribing an opioid
6    antagonist to a patient shall ensure that the patient
7    receives the patient information specified in paragraph
8    (4) of this subsection. Patient information may be provided
9    by the health care professional or a community-based
10    organization, substance abuse program, or other
11    organization with which the health care professional
12    establishes a written agreement that includes a
13    description of how the organization will provide patient
14    information, how employees or volunteers providing
15    information will be trained, and standards for documenting
16    the provision of patient information to patients.
17    Provision of patient information shall be documented in the
18    patient's medical record or through similar means as
19    determined by agreement between the health care
20    professional and the organization. The Director of the
21    Division of Alcoholism and Substance Abuse, in
22    consultation with statewide organizations representing
23    physicians, pharmacists, advanced practice nurses,
24    physician assistants, substance abuse programs, and other
25    interested groups, shall develop and disseminate to health
26    care professionals, community-based organizations,



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1    substance abuse programs, and other organizations training
2    materials in video, electronic, or other formats to
3    facilitate the provision of such patient information.
4        (4) For the purposes of this subsection:
5        "Opioid antagonist" means a drug that binds to opioid
6    receptors and blocks or inhibits the effect of opioids
7    acting on those receptors, including, but not limited to,
8    naloxone hydrochloride or any other similarly acting drug
9    approved by the U.S. Food and Drug Administration.
10        "Health care professional" means a physician licensed
11    to practice medicine in all its branches, a licensed
12    physician assistant prescriptive authority, a licensed
13    advanced practice nurse prescriptive authority, or an
14    advanced practice nurse or physician assistant who
15    practices in a hospital, hospital affiliate, or ambulatory
16    surgical treatment center and possesses appropriate
17    clinical privileges in accordance with the Nurse Practice
18    Act, or a pharmacist licensed to practice pharmacy under
19    the Pharmacy Practice Act.
20        "Patient" includes a person who is not at risk of
21    opioid overdose but who, in the judgment of the physician
22    or physician assistant, may be in a position to assist
23    another individual during an overdose and who has received
24    patient information as required in paragraph (2) of this
25    subsection on the indications for and administration of an
26    opioid antagonist.



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1        "Patient information" includes information provided to
2    the patient on drug overdose prevention and recognition;
3    how to perform rescue breathing and resuscitation; opioid
4    antagonist dosage and administration; the importance of
5    calling 911; care for the overdose victim after
6    administration of the overdose antagonist; and other
7    issues as necessary.
8    (e) Drug overdose response policy.
9        (1) Every State and local government agency that
10    employs a law enforcement officer or fireman as those terms
11    are defined in the Line of Duty Compensation Act must
12    possess opioid antagonists and must establish a policy to
13    control the acquisition, storage, transportation, and
14    administration of such opioid antagonists and to provide
15    training in the administration of opioid antagonists. A
16    State or local government agency that employs a fireman as
17    defined in the Line of Duty Compensation Act but does not
18    respond to emergency medical calls or provide medical
19    services shall be exempt from this subsection.
20        (2) Every publicly or privately owned ambulance,
21    special emergency medical services vehicle, non-transport
22    vehicle, or ambulance assist vehicle, as described in the
23    Emergency Medical Services (EMS) Systems Act, which
24    responds to requests for emergency services or transports
25    patients between hospitals in emergency situations must
26    possess opioid antagonists.



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1        (3) Entities that are required under paragraphs (1) and
2    (2) to possess opioid antagonists may also apply to the
3    Department for a grant to fund the acquisition of opioid
4    antagonists and training programs on the administration of
5    opioid antagonists.
6(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
7revised 10-19-15.)
8    (20 ILCS 301/10-55)
9    Sec. 10-55. Medical Advisory Committee. The Secretary
10shall appoint a Medical Advisory Committee to the Department,
11consisting of up to 15 physicians licensed to practice medicine
12in all of its branches or physician assistants in Illinois who
13shall serve in an advisory capacity to the Secretary. The
14membership of the Medical Advisory Committee shall reasonably
15reflect representation from the geographic areas and the range
16of alcoholism and other drug abuse and dependency service
17providers in the State. In making appointments, the Secretary
18shall give consideration to recommendations made by the
19Illinois State Medical Society and other appropriate
20professional organizations. All appointments shall be made
21with regard to the interest and expertise of the individual
22with regard to alcoholism and other drug abuse and dependency
23services. At a minimum, those appointed to the Committee shall
24include representatives of Board-certified psychiatrists,
25community-based and hospital-based alcoholism or other drug



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1dependency treatment programs, and Illinois medical schools.
2    Members shall serve 3-year terms and until their successors
3are appointed and qualified, except that of the initial
4appointments, one-third of the members shall be appointed for
5one year, one-third shall be appointed for 2 years, and
6one-third shall be appointed for 3 years and until their
7successors are appointed and qualified. Appointments to fill
8vacancies shall be made in the same manner as the original
9appointments, for the unexpired portion of the vacated term.
10Initial terms shall begin on January 1, 1994. Members shall
11elect a chairperson annually from among their membership.
12(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
13    (20 ILCS 301/20-15)
14    Sec. 20-15. Steroid education program. The Department may
15develop and implement a statewide steroid education program to
16alert the public, and particularly Illinois physicians and
17physician assistants, other health care professionals,
18educators, student athletes, health club personnel, persons
19engaged in the coaching and supervision of high school and
20college athletics, and other groups determined by the
21Department to be likely to come into contact with anabolic
22steroid abusers to the dangers and adverse effects of abusing
23anabolic steroids, and to train these individuals to recognize
24the symptoms and side effects of anabolic steroid abuse. Such
25education and training may also include information regarding



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1the eduction and appropriate referral of persons identified as
2probable or actual anabolic steroid abusers. The advice of the
3Illinois Advisory Council established by Section 10-5 of this
4Act shall be sought in the development of any program
5established under this Section.
6(Source: P.A. 88-80.)
7    (20 ILCS 301/30-5)
8    Sec. 30-5. Patients' rights established.
9    (a) For purposes of this Section, "patient" means any
10person who is receiving or has received intervention, treatment
11or aftercare services under this Act.
12    (b) No patient who is receiving or who has received
13intervention, treatment or aftercare services under this Act
14shall be deprived of any rights, benefits, or privileges
15guaranteed by law, the Constitution of the United States of
16America, or the Constitution of the State of Illinois solely
17because of his status as a patient of a program.
18    (c) Persons who abuse or are dependent on alcohol or other
19drugs who are also suffering from medical conditions shall not
20be discriminated against in admission or treatment by any
21hospital which receives support in any form from any program
22supported in whole or in part by funds appropriated to any
23State department or agency.
24    (d) Every patient shall have impartial access to services
25without regard to race, religion, sex, ethnicity, age or



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2    (e) Patients shall be permitted the free exercise of
4    (f) Every patient's personal dignity shall be recognized in
5the provision of services, and a patient's personal privacy
6shall be assured and protected within the constraints of his
7individual treatment plan.
8    (g) Treatment services shall be provided in the least
9restrictive environment possible.
10    (h) Each patient shall be provided an individual treatment
11plan, which shall be periodically reviewed and updated as
13    (i) Every patient shall be permitted to participate in the
14planning of his total care and medical treatment to the extent
15that his condition permits.
16    (j) A person shall not be denied treatment solely because
17he has withdrawn from treatment against medical advice on a
18prior occasion or because he has relapsed after earlier
19treatment or, when in medical crisis, because of inability to
21    (k) The patient in treatment shall be permitted visits by
22family and significant others, unless such visits are
23clinically contraindicated.
24    (l) A patient in treatment shall be allowed to conduct
25private telephone conversations with family and friends unless
26clinically contraindicated.



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1    (m) A patient shall be permitted to send and receive mail
2without hindrance, unless clinically contraindicated.
3    (n) A patient shall be permitted to manage his own
4financial affairs unless he or his guardian, or if the patient
5is a minor, his parent, authorizes another competent person to
6do so.
7    (o) A patient shall be permitted to request the opinion of
8a consultant at his own expense, or to request an in-house
9review of a treatment plan, as provided in the specific
10procedures of the provider. A treatment provider is not liable
11for the negligence of any consultant.
12    (p) Unless otherwise prohibited by State or federal law,
13every patient shall be permitted to obtain from his own
14physician or physician assistant, the treatment provider, or
15the treatment provider's consulting physician or physician
16assistant complete and current information concerning the
17nature of care, procedures and treatment which he will receive.
18    (q) A patient shall be permitted to refuse to participate
19in any experimental research or medical procedure without
20compromising his access to other, non-experimental services.
21Before a patient is placed in an experimental research or
22medical procedure, the provider must first obtain his informed
23written consent or otherwise comply with the federal
24requirements regarding the protection of human subjects
25contained in 45 C.F.R. Part 46.
26    (r) All medical treatment and procedures shall be



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1administered as ordered by a physician or physician assistant.
2In order to assure compliance by the treatment program with all
3physician or physician assistant orders, all new physician or
4physician assistant orders shall be reviewed by the treatment
5program's staff within a reasonable period of time after such
6orders have been issued. "Medical treatment and procedures"
7means those services that can be ordered only by a physician
8licensed to practice medicine in all of its branches in
9Illinois or physician assistant.
10    (s) Every patient shall be permitted to refuse medical
11treatment and to know the consequences of such action. Such
12refusal by a patient shall free the treatment program from the
13obligation to provide the treatment.
14    (t) Unless otherwise prohibited by State or federal law,
15every patient, patient's guardian, or parent, if the patient is
16a minor, shall be permitted to inspect and copy all clinical
17and other records kept by the treatment program or by his
18physician or physician assistant concerning his care and
19maintenance. The treatment program or physician may charge a
20reasonable fee for the duplication of a record.
21    (u) No owner, licensee, administrator, employee or agent of
22a treatment program shall abuse or neglect a patient. It is the
23duty of any program employee or agent who becomes aware of such
24abuse or neglect to report it to the Department immediately.
25    (v) The administrator of a program may refuse access to the
26program to any person if the actions of that person while in



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1the program are or could be injurious to the health and safety
2of a patient or the program, or if the person seeks access to
3the program for commercial purposes.
4    (w) A patient may be discharged from a program after he
5gives the administrator written notice of his desire to be
6discharged or upon completion of his prescribed course of
7treatment. No patient shall be discharged or transferred
8without the preparation of a post-treatment aftercare plan by
9the program.
10    (x) Patients and their families or legal guardians shall
11have the right to present complaints concerning the quality of
12care provided to the patient, without threat of discharge or
13reprisal in any form or manner whatsoever. The treatment
14provider shall have in place a mechanism for receiving and
15responding to such complaints, and shall inform the patient and
16his family or legal guardian of this mechanism and how to use
17it. The provider shall analyze any complaint received and, when
18indicated, take appropriate corrective action. Every patient
19and his family member or legal guardian who makes a complaint
20shall receive a timely response from the provider which
21substantively addresses the complaint. The provider shall
22inform the patient and his family or legal guardian about other
23sources of assistance if the provider has not resolved the
24complaint to the satisfaction of the patient or his family or
25legal guardian.
26    (y) A resident may refuse to perform labor at a program



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1unless such labor is a part of his individual treatment program
2as documented in his clinical record.
3    (z) A person who is in need of treatment may apply for
4voluntary admission to a treatment program in the manner and
5with the rights provided for under regulations promulgated by
6the Department. If a person is refused admission to a licensed
7treatment program, the staff of the program, subject to rules
8promulgated by the Department, shall refer the person to
9another treatment or other appropriate program.
10    (aa) No patient shall be denied services based solely on
11HIV status. Further, records and information governed by the
12AIDS Confidentiality Act and the AIDS Confidentiality and
13Testing Code (77 Ill. Adm. Code 697) shall be maintained in
14accordance therewith.
15    (bb) Records of the identity, diagnosis, prognosis or
16treatment of any patient maintained in connection with the
17performance of any program or activity relating to alcohol or
18other drug abuse or dependency education, early intervention,
19intervention, training, treatment or rehabilitation which is
20regulated, authorized, or directly or indirectly assisted by
21any Department or agency of this State or under any provision
22of this Act shall be confidential and may be disclosed only in
23accordance with the provisions of federal law and regulations
24concerning the confidentiality of alcohol and drug abuse
25patient records as contained in 42 U.S.C. Sections 290dd-3 and
26290ee-3 and 42 C.F.R. Part 2.



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1        (1) The following are exempt from the confidentiality
2    protections set forth in 42 C.F.R. Section 2.12(c):
3            (A) Veteran's Administration records.
4            (B) Information obtained by the Armed Forces.
5            (C) Information given to qualified service
6        organizations.
7            (D) Communications within a program or between a
8        program and an entity having direct administrative
9        control over that program.
10            (E) Information given to law enforcement personnel
11        investigating a patient's commission of a crime on the
12        program premises or against program personnel.
13            (F) Reports under State law of incidents of
14        suspected child abuse and neglect; however,
15        confidentiality restrictions continue to apply to the
16        records and any follow-up information for disclosure
17        and use in civil or criminal proceedings arising from
18        the report of suspected abuse or neglect.
19        (2) If the information is not exempt, a disclosure can
20    be made only under the following circumstances:
21            (A) With patient consent as set forth in 42 C.F.R.
22        Sections 2.1(b)(1) and 2.31, and as consistent with
23        pertinent State law.
24            (B) For medical emergencies as set forth in 42
25        C.F.R. Sections 2.1(b)(2) and 2.51.
26            (C) For research activities as set forth in 42



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1        C.F.R. Sections 2.1(b)(2) and 2.52.
2            (D) For audit evaluation activities as set forth in
3        42 C.F.R. Section 2.53.
4            (E) With a court order as set forth in 42 C.F.R.
5        Sections 2.61 through 2.67.
6        (3) The restrictions on disclosure and use of patient
7    information apply whether the holder of the information
8    already has it, has other means of obtaining it, is a law
9    enforcement or other official, has obtained a subpoena, or
10    asserts any other justification for a disclosure or use
11    which is not permitted by 42 C.F.R. Part 2. Any court
12    orders authorizing disclosure of patient records under
13    this Act must comply with the procedures and criteria set
14    forth in 42 C.F.R. Sections 2.64 and 2.65. Except as
15    authorized by a court order granted under this Section, no
16    record referred to in this Section may be used to initiate
17    or substantiate any charges against a patient or to conduct
18    any investigation of a patient.
19        (4) The prohibitions of this subsection shall apply to
20    records concerning any person who has been a patient,
21    regardless of whether or when he ceases to be a patient.
22        (5) Any person who discloses the content of any record
23    referred to in this Section except as authorized shall,
24    upon conviction, be guilty of a Class A misdemeanor.
25        (6) The Department shall prescribe regulations to
26    carry out the purposes of this subsection. These



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1    regulations may contain such definitions, and may provide
2    for such safeguards and procedures, including procedures
3    and criteria for the issuance and scope of court orders, as
4    in the judgment of the Department are necessary or proper
5    to effectuate the purposes of this Section, to prevent
6    circumvention or evasion thereof, or to facilitate
7    compliance therewith.
8    (cc) Each patient shall be given a written explanation of
9all the rights enumerated in this Section. If a patient is
10unable to read such written explanation, it shall be read to
11the patient in a language that the patient understands. A copy
12of all the rights enumerated in this Section shall be posted in
13a conspicuous place within the program where it may readily be
14seen and read by program patients and visitors.
15    (dd) The program shall ensure that its staff is familiar
16with and observes the rights and responsibilities enumerated in
17this Section.
18(Source: P.A. 99-143, eff. 7-27-15.)
19    (20 ILCS 301/35-5)
20    Sec. 35-5. Services for pregnant women and mothers.
21    (a) In order to promote a comprehensive, statewide and
22multidisciplinary approach to serving addicted pregnant women
23and mothers, including those who are minors, and their children
24who are affected by alcoholism and other drug abuse or
25dependency, the Department shall have responsibility for an



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1ongoing exchange of referral information, as set forth in
2subsections (b) and (c) of this Section, among the following:
3        (1) those who provide medical and social services to
4    pregnant women, mothers and their children, whether or not
5    there exists evidence of alcoholism or other drug abuse or
6    dependency. These include providers in the Healthy
7    Moms/Healthy Kids program, the Drug Free Families With a
8    Future program, the Parents Too Soon program, and any other
9    State-funded medical or social service programs which
10    provide services to pregnant women.
11        (2) providers of treatment services to women affected
12    by alcoholism or other drug abuse or dependency.
13    (b) The Department may, in conjunction with the Departments
14of Children and Family Services, Public Health and Public Aid,
15develop and maintain an updated and comprehensive list of
16medical and social service providers by geographic region. The
17Department may periodically send this comprehensive list of
18medical and social service providers to all providers of
19treatment for alcoholism and other drug abuse and dependency,
20identified under subsection (f) of this Section, so that
21appropriate referrals can be made. The Department shall obtain
22the specific consent of each provider of services before
23publishing, distributing, verbally making information
24available for purposes of referral, or otherwise publicizing
25the availability of services from a provider. The Department
26may make information concerning availability of services



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1available to recipients, but may not require recipients to
2specific sources of care.
3    (c) The Department may, on an ongoing basis, keep all
4medical and social service providers identified under
5subsection (b) of this Section informed about any relevant
6changes in any laws relating to alcoholism and other drug abuse
7and dependency, about services that are available from any
8State agencies for addicted pregnant women and addicted mothers
9and their children, and about any other developments that the
10Department finds to be informative.
11    (d) All providers of treatment for alcoholism and other
12drug abuse and dependency may receive information from the
13Department on the availability of services under the Drug Free
14Families with a Future or any comparable program providing case
15management services for alcoholic or addicted women, including
16information on appropriate referrals for other services that
17may be needed in addition to treatment.
18    (e) The Department may implement the policies and programs
19set forth in this Section with the advice of the Committee on
20Women's Alcohol and Substance Abuse Treatment created under
21Section 10-20 of this Act.
22    (f) The Department shall develop and maintain an updated
23and comprehensive directory of service providers that provide
24treatment services to pregnant women, mothers, and their
25children in this State. The Department shall disseminate an
26updated directory as often as is necessary to the list of



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1medical and social service providers compiled under subsection
2(b) of this Section. The Department shall obtain the specific
3consent of each provider of services before publishing,
4distributing, verbally making information available for
5purposes of referral or otherwise using or publicizing the
6availability of services from a provider. The Department may
7make information concerning availability of services available
8to recipients, but may not require recipients to use specific
9sources of care.
10    (g) As a condition of any State grant or contract, the
11Department shall require that any treatment program for
12addicted women provide services, either by its own staff or by
13agreement with other agencies or individuals, which include but
14need not be limited to the following:
15        (1) coordination with the Healthy Moms/Healthy Kids
16    program, the Drug Free Families with a Future program, or
17    any comparable program providing case management services
18    to assure ongoing monitoring and coordination of services
19    after the addicted woman has returned home.
20        (2) coordination with medical services for individual
21    medical care of addicted pregnant women, including
22    prenatal care under the care supervision of a physician or
23    a physician assistant.
24        (3) coordination with child care services under any
25    State plan developed pursuant to subsection (e) of Section
26    10-25 of this Act.



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1    (h) As a condition of any State grant or contract, the
2Department shall require that any nonresidential program
3receiving any funding for treatment services accept women who
4are pregnant, provided that such services are clinically
5appropriate. Failure to comply with this subsection shall
6result in termination of the grant or contract and loss of
7State funding.
8    (i)(1) From funds appropriated expressly for the purposes
9of this Section, the Department shall create or contract with
10licensed, certified agencies to develop a program for the care
11and treatment of addicted pregnant women, addicted mothers and
12their children. The program shall be in Cook County in an area
13of high density population having a disproportionate number of
14addicted women and a high infant mortality rate.
15    (2) From funds appropriated expressly for the purposes of
16this Section, the Department shall create or contract with
17licensed, certified agencies to develop a program for the care
18and treatment of low income pregnant women. The program shall
19be located anywhere in the State outside of Cook County in an
20area of high density population having a disproportionate
21number of low income pregnant women.
22    (3) In implementing the programs established under this
23subsection, the Department shall contract with existing
24residencies or recovery homes in areas having a
25disproportionate number of women who abuse alcohol or other
26drugs and need residential treatment and counseling. Priority



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1shall be given to addicted and abusing women who:
2        (A) are pregnant,
3        (B) have minor children,
4        (C) are both pregnant and have minor children, or
5        (D) are referred by medical personnel because they
6    either have given birth to a baby addicted to a controlled
7    substance, or will give birth to a baby addicted to a
8    controlled substance.
9    (4) The services provided by the programs shall include but
10not be limited to:
11        (A) individual medical care, including prenatal care,
12    under the supervision of a physician.
13        (B) temporary, residential shelter for pregnant women,
14    mothers and children when necessary.
15        (C) a range of educational or counseling services.
16        (D) comprehensive and coordinated social services,
17    including substance abuse therapy groups for the treatment
18    of alcoholism and other drug abuse and dependency; family
19    therapy groups; programs to develop positive
20    self-awareness; parent-child therapy; and residential
21    support groups.
22    (5) No services that require a license shall be provided
23until and unless the recovery home or other residence obtains
24and maintains the requisite license.
25(Source: P.A. 88-80.)



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1    Section 35. The Department of Central Management Services
2Law of the Civil Administrative Code of Illinois is amended by
3changing Section 405-105 as follows:
4    (20 ILCS 405/405-105)  (was 20 ILCS 405/64.1)
5    Sec. 405-105. Fidelity, surety, property, and casualty
6insurance. The Department shall establish and implement a
7program to coordinate the handling of all fidelity, surety,
8property, and casualty insurance exposures of the State and the
9departments, divisions, agencies, branches, and universities
10of the State. In performing this responsibility, the Department
11shall have the power and duty to do the following:
12        (1) Develop and maintain loss and exposure data on all
13    State property.
14        (2) Study the feasibility of establishing a
15    self-insurance plan for State property and prepare
16    estimates of the costs of reinsurance for risks beyond the
17    realistic limits of the self-insurance.
18        (3) Prepare a plan for centralizing the purchase of
19    property and casualty insurance on State property under a
20    master policy or policies and purchase the insurance
21    contracted for as provided in the Illinois Purchasing Act.
22        (4) Evaluate existing provisions for fidelity bonds
23    required of State employees and recommend changes that are
24    appropriate commensurate with risk experience and the
25    determinations respecting self-insurance or reinsurance so



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1    as to permit reduction of costs without loss of coverage.
2        (5) Investigate procedures for inclusion of school
3    districts, public community college districts, and other
4    units of local government in programs for the centralized
5    purchase of insurance.
6        (6) Implement recommendations of the State Property
7    Insurance Study Commission that the Department finds
8    necessary or desirable in the performance of its powers and
9    duties under this Section to achieve efficient and
10    comprehensive risk management.
11        (7) Prepare and, in the discretion of the Director,
12    implement a plan providing for the purchase of public
13    liability insurance or for self-insurance for public
14    liability or for a combination of purchased insurance and
15    self-insurance for public liability (i) covering the State
16    and drivers of motor vehicles owned, leased, or controlled
17    by the State of Illinois pursuant to the provisions and
18    limitations contained in the Illinois Vehicle Code, (ii)
19    covering other public liability exposures of the State and
20    its employees within the scope of their employment, and
21    (iii) covering drivers of motor vehicles not owned, leased,
22    or controlled by the State but used by a State employee on
23    State business, in excess of liability covered by an
24    insurance policy obtained by the owner of the motor vehicle
25    or in excess of the dollar amounts that the Department
26    shall determine to be reasonable. Any contract of insurance



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1    let under this Law shall be by bid in accordance with the
2    procedure set forth in the Illinois Purchasing Act. Any
3    provisions for self-insurance shall conform to subdivision
4    (11).
5        The term "employee" as used in this subdivision (7) and
6    in subdivision (11) means a person while in the employ of
7    the State who is a member of the staff or personnel of a
8    State agency, bureau, board, commission, committee,
9    department, university, or college or who is a State
10    officer, elected official, commissioner, member of or ex
11    officio member of a State agency, bureau, board,
12    commission, committee, department, university, or college,
13    or a member of the National Guard while on active duty
14    pursuant to orders of the Governor of the State of
15    Illinois, or any other person while using a licensed motor
16    vehicle owned, leased, or controlled by the State of
17    Illinois with the authorization of the State of Illinois,
18    provided the actual use of the motor vehicle is within the
19    scope of that authorization and within the course of State
20    service.
21        Subsequent to payment of a claim on behalf of an
22    employee pursuant to this Section and after reasonable
23    advance written notice to the employee, the Director may
24    exclude the employee from future coverage or limit the
25    coverage under the plan if (i) the Director determines that
26    the claim resulted from an incident in which the employee



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1    was grossly negligent or had engaged in willful and wanton
2    misconduct or (ii) the Director determines that the
3    employee is no longer an acceptable risk based on a review
4    of prior accidents in which the employee was at fault and
5    for which payments were made pursuant to this Section.
6        The Director is authorized to promulgate
7    administrative rules that may be necessary to establish and
8    administer the plan.
9        Appropriations from the Road Fund shall be used to pay
10    auto liability claims and related expenses involving
11    employees of the Department of Transportation, the
12    Illinois State Police, and the Secretary of State.
13        (8) Charge, collect, and receive from all other
14    agencies of the State government fees or monies equivalent
15    to the cost of purchasing the insurance.
16        (9) Establish, through the Director, charges for risk
17    management services rendered to State agencies by the
18    Department. The State agencies so charged shall reimburse
19    the Department by vouchers drawn against their respective
20    appropriations. The reimbursement shall be determined by
21    the Director as amounts sufficient to reimburse the
22    Department for expenditures incurred in rendering the
23    service.
24        The Department shall charge the employing State agency
25    or university for workers' compensation payments for
26    temporary total disability paid to any employee after the



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1    employee has received temporary total disability payments
2    for 120 days if the employee's treating physician or
3    physician assistant has issued a release to return to work
4    with restrictions and the employee is able to perform
5    modified duty work but the employing State agency or
6    university does not return the employee to work at modified
7    duty. Modified duty shall be duties assigned that may or
8    may not be delineated as part of the duties regularly
9    performed by the employee. Modified duties shall be
10    assigned within the prescribed restrictions established by
11    the treating physician or physician assistant and the
12    physician or physician assistant who performed the
13    independent medical examination. The amount of all
14    reimbursements shall be deposited into the Workers'
15    Compensation Revolving Fund which is hereby created as a
16    revolving fund in the State treasury. In addition to any
17    other purpose authorized by law, moneys in the Fund shall
18    be used, subject to appropriation, to pay these or other
19    temporary total disability claims of employees of State
20    agencies and universities.
21        Beginning with fiscal year 1996, all amounts recovered
22    by the Department through subrogation in workers'
23    compensation and workers' occupational disease cases shall
24    be deposited into the Workers' Compensation Revolving Fund
25    created under this subdivision (9).
26        (10) Establish rules, procedures, and forms to be used



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



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



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1    agencies. If the chief procurement officer procures a
2    single contract applicable to all State agencies, then the
3    Department of Central Management Services shall be
4    designated as the agency that enters into the contract and
5    shall be responsible for the contract. If the chief
6    procurement officer procures multiple contracts applicable
7    to one or more State agencies, each agency to which the
8    contract applies shall be designated as the agency that
9    shall enter into the contract and shall be responsible for
10    the contract. If the chief procurement officer procures
11    contracts applicable to an individual State agency, the
12    agency subject to the contract shall be designated as the
13    agency responsible for the contract.
14        (10c) The procurement of private vendors for the
15    administration of the workers' compensation program for
16    State employees is subject to the provisions of the
17    Illinois Procurement Code and administration by the chief
18    procurement officer.
19        (10d) Contracts for the procurement of private vendors
20    for the administration of the workers' compensation
21    program for State employees shall be based upon, but
22    limited to, the following criteria: (i) administrative
23    cost, (ii) service capabilities of the vendor, and (iii)
24    the compensation (including premiums, fees, or other
25    charges). A vendor for the administration of the workers'
26    compensation program for State employees shall provide



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



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



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



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



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1    proceeding concerning a wage claim settlement or judgment,
2    the Attorney General shall certify to the Director that the
3    wage claim is valid before any payment is made. In no event
4    shall an amount in excess of $150,000 be paid from this
5    plan to or for the benefit of any claimant.
6        Nothing in Public Act 84-961 shall be construed to
7    affect in any manner the jurisdiction of the Court of
8    Claims concerning wage claims made against the State of
9    Illinois.
10        (14) Prepare and, in the discretion of the Director,
11    implement a program for self-insurance for official
12    fidelity and surety bonds for officers and employees as
13    authorized by the Official Bond Act.
14(Source: P.A. 96-928, eff. 6-15-10; 97-18, eff. 6-28-11;
1597-895, eff. 8-3-12; 97-1143, eff. 12-28-12.)
16    Section 40. The Child Death Review Team Act is amended by
17changing Section 15 as follows:
18    (20 ILCS 515/15)
19    Sec. 15. Child death review teams; establishment.
20    (a) The Director, in consultation with the Executive
21Council, law enforcement, and other professionals who work in
22the field of investigating, treating, or preventing child abuse
23or neglect in that subregion, shall appoint members to a child
24death review team in each of the Department's administrative



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1subregions of the State outside Cook County and at least one
2child death review team in Cook County. The members of a team
3shall be appointed for 2-year terms and shall be eligible for
4reappointment upon the expiration of the terms. The Director
5must fill any vacancy in a team within 60 days after that
6vacancy occurs.
7    (b) Each child death review team shall consist of at least
8one member from each of the following categories:
9        (1) Pediatrician, or other physician, or physician
10    assistant knowledgeable about child abuse and neglect.
11        (2) Representative of the Department.
12        (3) State's attorney or State's attorney's
13    representative.
14        (4) Representative of a local law enforcement agency.
15        (5) Psychologist or psychiatrist.
16        (6) Representative of a local health department.
17        (7) Representative of a school district or other
18    education or child care interests.
19        (8) Coroner or forensic pathologist.
20        (9) Representative of a child welfare agency or child
21    advocacy organization.
22        (10) Representative of a local hospital, trauma
23    center, or provider of emergency medical services.
24        (11) Representative of the Department of State Police.
25    Each child death review team may make recommendations to
26the Director concerning additional appointments.



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1    Each child death review team member must have demonstrated
2experience and an interest in investigating, treating, or
3preventing child abuse or neglect.
4    (c) Each child death review team shall select a chairperson
5from among its members. The chairperson shall also serve on the
6Illinois Child Death Review Teams Executive Council.
7    (d) The child death review teams shall be funded under a
8separate line item in the Department's annual budget.
9(Source: P.A. 95-527, eff. 6-1-08.)
10    Section 45. The Foster Parent Law is amended by changing
11Section 1-15 as follows:
12    (20 ILCS 520/1-15)
13    Sec. 1-15. Foster parent rights. A foster parent's rights
14include, but are not limited to, the following:
15        (1) The right to be treated with dignity, respect, and
16    consideration as a professional member of the child welfare
17    team.
18        (2) The right to be given standardized pre-service
19    training and appropriate ongoing training to meet mutually
20    assessed needs and improve the foster parent's skills.
21        (3) The right to be informed as to how to contact the
22    appropriate child placement agency in order to receive
23    information and assistance to access supportive services
24    for children in the foster parent's care.



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1        (4) The right to receive timely financial
2    reimbursement commensurate with the care needs of the child
3    as specified in the service plan.
4        (5) The right to be provided a clear, written
5    understanding of a placement agency's plan concerning the
6    placement of a child in the foster parent's home. Inherent
7    in this right is the foster parent's responsibility to
8    support activities that will promote the child's right to
9    relationships with his or her own family and cultural
10    heritage.
11        (6) The right to be provided a fair, timely, and
12    impartial investigation of complaints concerning the
13    foster parent's licensure, to be provided the opportunity
14    to have a person of the foster parent's choosing present
15    during the investigation, and to be provided due process
16    during the investigation; the right to be provided the
17    opportunity to request and receive mediation or an
18    administrative review of decisions that affect licensing
19    parameters, or both mediation and an administrative
20    review; and the right to have decisions concerning a
21    licensing corrective action plan specifically explained
22    and tied to the licensing standards violated.
23        (7) The right, at any time during which a child is
24    placed with the foster parent, to receive additional or
25    necessary information that is relevant to the care of the
26    child.



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1        (7.5) The right to be given information concerning a
2    child (i) from the Department as required under subsection
3    (u) of Section 5 of the Children and Family Services Act
4    and (ii) from a child welfare agency as required under
5    subsection (c-5) of Section 7.4 of the Child Care Act of
6    1969.
7        (8) The right to be notified of scheduled meetings and
8    staffings concerning the foster child in order to actively
9    participate in the case planning and decision-making
10    process regarding the child, including individual service
11    planning meetings, administrative case reviews,
12    interdisciplinary staffings, and individual educational
13    planning meetings; the right to be informed of decisions
14    made by the courts or the child welfare agency concerning
15    the child; the right to provide input concerning the plan
16    of services for the child and to have that input given full
17    consideration in the same manner as information presented
18    by any other professional on the team; and the right to
19    communicate with other professionals who work with the
20    foster child within the context of the team, including
21    therapists, physicians, physician assistants, and
22    teachers.
23        (9) The right to be given, in a timely and consistent
24    manner, any information a case worker has regarding the
25    child and the child's family which is pertinent to the care
26    and needs of the child and to the making of a permanency



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1    plan for the child. Disclosure of information concerning
2    the child's family shall be limited to that information
3    that is essential for understanding the needs of and
4    providing care to the child in order to protect the rights
5    of the child's family. When a positive relationship exists
6    between the foster parent and the child's family, the
7    child's family may consent to disclosure of additional
8    information.
9        (10) The right to be given reasonable written notice of
10    (i) any change in a child's case plan, (ii) plans to
11    terminate the placement of the child with the foster
12    parent, and (iii) the reasons for the change or termination
13    in placement. The notice shall be waived only in cases of a
14    court order or when the child is determined to be at
15    imminent risk of harm.
16        (11) The right to be notified in a timely and complete
17    manner of all court hearings, including notice of the date
18    and time of the court hearing, the name of the judge or
19    hearing officer hearing the case, the location of the
20    hearing, and the court docket number of the case; and the
21    right to intervene in court proceedings or to seek mandamus
22    under the Juvenile Court Act of 1987.
23        (12) The right to be considered as a placement option
24    when a foster child who was formerly placed with the foster
25    parent is to be re-entered into foster care, if that
26    placement is consistent with the best interest of the child



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1    and other children in the foster parent's home.
2        (13) The right to have timely access to the child
3    placement agency's existing appeals process and the right
4    to be free from acts of harassment and retaliation by any
5    other party when exercising the right to appeal.
6        (14) The right to be informed of the Foster Parent
7    Hotline established under Section 35.6 of the Children and
8    Family Services Act and all of the rights accorded to
9    foster parents concerning reports of misconduct by
10    Department employees, service providers, or contractors,
11    confidential handling of those reports, and investigation
12    by the Inspector General appointed under Section 35.5 of
13    the Children and Family Services Act.
14(Source: P.A. 94-1010, eff. 10-1-06.)
15    Section 50. The Department of Human Services Act is amended
16by changing Section 10-7 as follows:
17    (20 ILCS 1305/10-7)
18    Sec. 10-7. Postpartum depression.
19    (a) The Department shall develop and distribute a brochure
20or other information about the signs, symptoms, screening or
21detection techniques, and care for postpartum depression,
22including but not limited to methods for patients and family
23members to better understand the nature and causes of
24postpartum depression in order to lower the likelihood that new



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1mothers will continue to suffer from this illness. This
2brochure shall be developed in conjunction with the Illinois
3State Medical Society, the Illinois Society for Advanced
4Practice Nursing, the Illinois Academy of Physician
5Assistants, and any other appropriate statewide organization
6of licensed professionals.
7    (b) The brochure required under subsection (a) of this
8Section shall be distributed, at a minimum, to physicians
9licensed to practice medicine in all its branches, certified
10nurse midwives, physician assistants, and other health care
11professionals who provide care to pregnant women in the
12hospital, office, or clinic.
13    (c) The Secretary may contract with a statewide
14organization of physicians licensed to practice medicine in all
15its branches for the purposes of this Section.
16(Source: P.A. 92-649, eff. 1-1-03.)
17    Section 55. The Regional Integrated Behavioral Health
18Networks Act is amended by changing Section 20 as follows:
19    (20 ILCS 1340/20)
20    Sec. 20. Steering Committee and Networks.
21    (a) To achieve these goals, the Department of Human
22Services shall convene a Regional Integrated Behavioral Health
23Networks Steering Committee (hereinafter "Steering Committee")
24comprised of State agencies involved in the provision,



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



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1organization that advocates on behalf of federally qualified
2health centers, an organization that advocates on behalf of
3persons suffering with mental illness and substance abuse
4disorders, an organization that advocates on behalf of persons
5with disabilities, an organization that advocates on behalf of
6persons who live in rural areas, an organization that advocates
7on behalf of persons who live in medically underserved areas;
8and others designated by the Steering Committee or the
9Networks. A member from each Network may choose a
10representative who may serve on the Steering Committee.
11(Source: P.A. 97-381, eff. 1-1-12.)
12    Section 60. The Mental Health and Developmental
13Disabilities Administrative Act is amended by changing
14Sections 5.1, 7, 12.2, 14, and 15.4 as follows:
15    (20 ILCS 1705/5.1)  (from Ch. 91 1/2, par. 100-5.1)
16    Sec. 5.1. The Department shall develop, by rule, the
17procedures and standards by which it shall approve medications
18for clinical use in its facilities. A list of those drugs
19approved pursuant to these procedures shall be distributed to
20all Department facilities.
21    Drugs not listed by the Department may not be administered
22in facilities under the jurisdiction of the Department,
23provided that an unlisted drug may be administered as part of
24research with the prior written consent of the Secretary



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1specifying the nature of the permitted use and the physicians
2or physician assistants authorized to prescribe the drug.
3Drugs, as used in this Section, mean psychotropic and narcotic
5    No physician or physician assistant in the Department shall
6sign a prescription in blank, nor permit blank prescription
7forms to circulate out of his possession or control.
8(Source: P.A. 89-507, eff. 7-1-97.)
9    (20 ILCS 1705/7)  (from Ch. 91 1/2, par. 100-7)
10    Sec. 7. To receive and provide the highest possible quality
11of humane and rehabilitative care and treatment to all persons
12admitted or committed or transferred in accordance with law to
13the facilities, divisions, programs, and services under the
14jurisdiction of the Department. No resident of another state
15shall be received or retained to the exclusion of any resident
16of this State. No resident of another state shall be received
17or retained to the exclusion of any resident of this State. All
18recipients of 17 years of age and under in residence in a
19Department facility other than a facility for the care of
20persons with intellectual disabilities shall be housed in
21quarters separated from older recipients except for: (a)
22recipients who are placed in medical-surgical units because of
23physical illness; and (b) recipients between 13 and 18 years of
24age who need temporary security measures.
25    All recipients in a Department facility shall be given a



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1dental examination by a licensed dentist or registered dental
2hygienist at least once every 18 months and shall be assigned
3to a dentist for such dental care and treatment as is
5    All medications administered to recipients shall be
6administered only by those persons who are legally qualified to
7do so by the laws of the State of Illinois. Medication shall
8not be prescribed until a physical and mental examination of
9the recipient has been completed. If, in the clinical judgment
10of a physician or physician assistant, it is necessary to
11administer medication to a recipient before the completion of
12the physical and mental examination, he may prescribe such
13medication but he must file a report with the facility director
14setting forth the reasons for prescribing such medication
15within 24 hours of the prescription. A copy of the report shall
16be part of the recipient's record.
17    No later than January 1, 2005, the Department shall adopt a
18model protocol and forms for recording all patient diagnosis,
19care, and treatment at each State-operated facility for the
20mentally ill and for persons with developmental disabilities
21under the jurisdiction of the Department. The model protocol
22and forms shall be used by each facility unless the Department
23determines that equivalent alternatives justify an exemption.
24    Every facility under the jurisdiction of the Department
25shall maintain a copy of each report of suspected abuse or
26neglect of the patient. Copies of those reports shall be made



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1available to the State Auditor General in connection with his
2biennial program audit of the facility as required by Section
33-2 of the Illinois State Auditing Act.
4    No later than January 1 2004, the Department shall report
5to the Governor and the General Assembly whether each
6State-operated facility for the mentally ill and for persons
7with developmental disabilities under the jurisdiction of the
8Department and all services provided in those facilities comply
9with all of the applicable standards adopted by the Social
10Security Administration under Subchapter XVIII (Medicare) of
11the Social Security Act (42 U.S.C. 1395-1395ccc), if the
12facility and services may be eligible for federal financial
13participation under that federal law. For those facilities that
14do comply, the report shall indicate what actions need to be
15taken to ensure continued compliance. For those facilities that
16do not comply, the report shall indicate what actions need to
17be taken to bring each facility into compliance.
18(Source: P.A. 99-143, eff. 7-27-15.)
19    (20 ILCS 1705/12.2)
20    Sec. 12.2. Mental Health Commitment Training.
21    (a) The Department shall develop and present annually at
22least one training event for judges, state's attorneys, public
23defenders, private attorneys, law enforcement personnel,
24hospital and community agency personnel, persons with mental
25illness, physicians, physician assistants, psychologists,



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1social workers, emergency room personnel, and other health care
2personnel regarding mental illness, the standards for civil
3commitment and involuntary treatment, completing
4documentation, and changes in the Mental Health and
5Developmental Disabilities Code and Mental Health and
6Developmental Disabilities Confidentiality Act.
7    (b) The Department may provide multiple training events,
8regional training events, and training events by professional
9discipline. The materials developed for the training events
10shall be made available on the Department's website. The
11Department shall develop this training in cooperation with the
12Administrative Office of the Illinois Courts, bar
13associations, the Illinois Law Enforcement Standards and
14Training Board, appropriate statewide organizations
15representing health care providers, organizations representing
16or advocating for persons with mental illness, and any
17appropriate statewide organization of licensed professionals.
18    (c) The Department shall annually report on the number of
19persons attending the training events.
20(Source: P.A. 93-376, eff. 7-24-03.)
21    (20 ILCS 1705/14)  (from Ch. 91 1/2, par. 100-14)
22    Sec. 14. Chester Mental Health Center. To maintain and
23operate a facility for the care, custody, and treatment of
24persons with mental illness or habilitation of persons with
25developmental disabilities hereinafter designated, to be known



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1as the Chester Mental Health Center.
2    Within the Chester Mental Health Center there shall be
3confined the following classes of persons, whose history, in
4the opinion of the Department, discloses dangerous or violent
5tendencies and who, upon examination under the direction of the
6Department, have been found a fit subject for confinement in
7that facility:
8        (a) Any male person who is charged with the commission
9    of a crime but has been acquitted by reason of insanity as
10    provided in Section 5-2-4 of the Unified Code of
11    Corrections.
12        (b) Any male person who is charged with the commission
13    of a crime but has been found unfit under Article 104 of
14    the Code of Criminal Procedure of 1963.
15        (c) Any male person with mental illness or
16    developmental disabilities or person in need of mental
17    treatment now confined under the supervision of the
18    Department or hereafter admitted to any facility thereof or
19    committed thereto by any court of competent jurisdiction.
20    If and when it shall appear to the facility director of the
21Chester Mental Health Center that it is necessary to confine
22persons in order to maintain security or provide for the
23protection and safety of recipients and staff, the Chester
24Mental Health Center may confine all persons on a unit to their
25rooms. This period of confinement shall not exceed 10 hours in
26a 24 hour period, including the recipient's scheduled hours of



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



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1shall be reviewed and approved on an individualized basis by a
2physician or a physician assistant based upon a determination
3of the civil recipient's: (1) history of violence, (2) history
4of violence during transports, (3) history of escapes and
5escape attempts, (4) history of trauma, (5) history of
6incidents of restraint or seclusion and use of involuntary
7medication, (6) current functioning level and medical status,
8and (7) prior experience during similar transports, and the
9length, duration, and purpose of the transport. The least
10restrictive transport device consistent with the individual's
11need shall be used. Staff transporting the individual shall be
12trained in the use of the transport devices, recognizing and
13responding to a person in distress, and shall observe and
14monitor the individual while being transported. The facility
15shall keep a monthly record listing all transports, including
16those transports for which use of transport devices was not
17sought, those for which use of transport devices was sought but
18denied, and each instance in which transport devices are used,
19circumstances indicating the need for use of transport devices,
20time of application of transport devices, time of release from
21those devices, and any adverse events. The facility director
22shall allow the Illinois Guardianship and Advocacy Commission,
23the agency designated by the Governor under Section 1 of the
24Protection and Advocacy for Persons with Developmental
25Disabilities Act, and the Department to examine and copy the
26record upon request. This use of transport devices shall not be



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



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1persons confined therein, have and exercise the same rights and
2powers as are vested by law in the Department with respect to
3any and all of the State facilities for treatment of persons
4with mental illness or habilitation of persons with
5developmental disabilities, and the recipients thereof, and
6shall be subject to the same duties as are imposed by law upon
7the Department with respect to such facilities and the
8recipients thereof.
9    The Department may elect to place persons who have been
10ordered by the court to be detained under the Sexually Violent
11Persons Commitment Act in a distinct portion of the Chester
12Mental Health Center. The persons so placed shall be separated
13and shall not comingle with the recipients of the Chester
14Mental Health Center. The portion of Chester Mental Health
15Center that is used for the persons detained under the Sexually
16Violent Persons Commitment Act shall not be a part of the
17mental health facility for the enforcement and implementation
18of the Mental Health and Developmental Disabilities Code nor
19shall their care and treatment be subject to the provisions of
20the Mental Health and Developmental Disabilities Code. The
21changes added to this Section by this amendatory Act of the
2298th General Assembly are inoperative on and after June 30,
24(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13;
2598-756, eff. 7-16-14; 99-143, eff. 7-27-15.)



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1    (20 ILCS 1705/15.4)
2    Sec. 15.4. Authorization for nursing delegation to permit
3direct care staff to administer medications.
4    (a) This Section applies to (i) all programs for persons
5with a developmental disability in settings of 16 persons or
6fewer that are funded or licensed by the Department of Human
7Services and that distribute or administer medications and (ii)
8all intermediate care facilities for persons with
9developmental disabilities with 16 beds or fewer that are
10licensed by the Department of Public Health. The Department of
11Human Services shall develop a training program for authorized
12direct care staff to administer medications under the
13supervision and monitoring of a registered professional nurse.
14This training program shall be developed in consultation with
15professional associations representing (i) physicians licensed
16to practice medicine in all its branches, (ii) registered
17professional nurses, and (iii) pharmacists.
18    (b) For the purposes of this Section:
19    "Authorized direct care staff" means non-licensed persons
20who have successfully completed a medication administration
21training program approved by the Department of Human Services
22and conducted by a nurse-trainer. This authorization is
23specific to an individual receiving service in a specific
24agency and does not transfer to another agency.
25    "Medications" means oral and topical medications, insulin
26in an injectable form, oxygen, epinephrine auto-injectors, and



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



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



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1competency-based evaluations on administration of medications
2and self-administration of medication training programs.
3    (c) Training and authorization of non-licensed direct care
4staff by nurse-trainers must meet the requirements of this
6        (1) Prior to training non-licensed direct care staff to
7    administer medication, the nurse-trainer shall perform the
8    following for each individual to whom medication will be
9    administered by non-licensed direct care staff:
10            (A) An assessment of the individual's health
11        history and physical and mental status.
12            (B) An evaluation of the medications prescribed.
13        (2) Non-licensed authorized direct care staff shall
14    meet the following criteria:
15            (A) Be 18 years of age or older.
16            (B) Have completed high school or have a high
17        school equivalency certificate.
18            (C) Have demonstrated functional literacy.
19            (D) Have satisfactorily completed the Health and
20        Safety component of a Department of Human Services
21        authorized direct care staff training program.
22            (E) Have successfully completed the training
23        program, pass the written portion of the comprehensive
24        exam, and score 100% on the competency-based
25        assessment specific to the individual and his or her
26        medications.



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1            (F) Have received additional competency-based
2        assessment by the nurse-trainer as deemed necessary by
3        the nurse-trainer whenever a change of medication
4        occurs or a new individual that requires medication
5        administration enters the program.
6        (3) Authorized direct care staff shall be re-evaluated
7    by a nurse-trainer at least annually or more frequently at
8    the discretion of the registered professional nurse. Any
9    necessary retraining shall be to the extent that is
10    necessary to ensure competency of the authorized direct
11    care staff to administer medication.
12        (4) Authorization of direct care staff to administer
13    medication shall be revoked if, in the opinion of the
14    registered professional nurse, the authorized direct care
15    staff is no longer competent to administer medication.
16        (5) The registered professional nurse shall assess an
17    individual's health status at least annually or more
18    frequently at the discretion of the registered
19    professional nurse.
20    (d) Medication self-administration shall meet the
21following requirements:
22        (1) As part of the normalization process, in order for
23    each individual to attain the highest possible level of
24    independent functioning, all individuals shall be
25    permitted to participate in their total health care
26    program. This program shall include, but not be limited to,



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



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1        Interdisciplinary Team, which includes a registered
2        professional nurse or an advanced practice nurse.
3    (e) Quality Assurance.
4        (1) A registered professional nurse, advanced practice
5    nurse, licensed practical nurse, physician licensed to
6    practice medicine in all its branches, physician
7    assistant, or pharmacist shall review the following for all
8    individuals:
9            (A) Medication orders.
10            (B) Medication labels, including medications
11        listed on the medication administration record for
12        persons who are not self-medicating to ensure the
13        labels match the orders issued by the physician
14        licensed to practice medicine in all its branches,
15        advanced practice nurse, or physician assistant.
16            (C) Medication administration records for persons
17        who are not self-medicating to ensure that the records
18        are completed appropriately for:
19                (i) medication administered as prescribed;
20                (ii) refusal by the individual; and
21                (iii) full signatures provided for all
22            initials used.
23        (2) Reviews shall occur at least quarterly, but may be
24    done more frequently at the discretion of the registered
25    professional nurse or advanced practice nurse.
26        (3) A quality assurance review of medication errors and



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1    data collection for the purpose of monitoring and
2    recommending corrective action shall be conducted within 7
3    days and included in the required annual review.
4    (f) Programs using authorized direct care staff to
5administer medications are responsible for documenting and
6maintaining records on the training that is completed.
7    (g) The absence of this training program constitutes a
8threat to the public interest, safety, and welfare and
9necessitates emergency rulemaking by the Departments of Human
10Services and Public Health under Section 5-45 of the Illinois
11Administrative Procedure Act.
12    (h) Direct care staff who fail to qualify for delegated
13authority to administer medications pursuant to the provisions
14of this Section shall be given additional education and testing
15to meet criteria for delegation authority to administer
16medications. Any direct care staff person who fails to qualify
17as an authorized direct care staff after initial training and
18testing must within 3 months be given another opportunity for
19retraining and retesting. A direct care staff person who fails
20to meet criteria for delegated authority to administer
21medication, including, but not limited to, failure of the
22written test on 2 occasions shall be given consideration for
23shift transfer or reassignment, if possible. No employee shall
24be terminated for failure to qualify during the 3-month time
25period following initial testing. Refusal to complete training
26and testing required by this Section may be grounds for



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1immediate dismissal.
2    (i) No authorized direct care staff person delegated to
3administer medication shall be subject to suspension or
4discharge for errors resulting from the staff person's acts or
5omissions when performing the functions unless the staff
6person's actions or omissions constitute willful and wanton
7conduct. Nothing in this subsection is intended to supersede
8paragraph (4) of subsection (c).
9    (j) A registered professional nurse, advanced practice
10nurse, physician licensed to practice medicine in all its
11branches, or physician assistant shall be on duty or on call at
12all times in any program covered by this Section.
13    (k) The employer shall be responsible for maintaining
14liability insurance for any program covered by this Section.
15    (l) Any direct care staff person who qualifies as
16authorized direct care staff pursuant to this Section shall be
17granted consideration for a one-time additional salary
18differential. The Department shall determine and provide the
19necessary funding for the differential in the base. This
20subsection (l) is inoperative on and after June 30, 2000.
21(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; 99-78,
22eff. 7-20-15; 99-143, eff. 7-27-15.)
23    Section 65. The State Guard Act is amended by changing
24Sections 49, 50, and 51 as follows:



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1    (20 ILCS 1815/49)  (from Ch. 129, par. 277)
2    Sec. 49. Any officer or enlisted man of the Illinois State
3Guard who is wounded or sustains an accidental injury or
4contracts an illness arising out of and in the course of active
5duty, but not when the Illinois State Guard has been called
6into federal service, and while lawfully performing the same
8    (a) Be entitled to necessary hospitalization, nursing
9service, and to be treated by a medical officer, or licensed
10physician, or physician assistant selected by The Adjutant
11General, and
12    (b) Is entitled to all privileges due him as a State
13employee under the "Workers' Compensation Act", approved July
149, 1951, as now or hereafter amended, and the "Workers'
15Occupational Diseases Act", approved July 9, 1951, as now or
16hereafter amended.
17(Source: P.A. 81-992.)
18    (20 ILCS 1815/50)  (from Ch. 129, par. 278)
19    Sec. 50. A medical officer, or physician, or physician
20assistant who attends cases of injury or illness incurred in
21line of duty shall be entitled to such reasonable compensation
22in each case as the circumstances may warrant, as approved by
23The Adjutant General.
24(Source: Laws 1951, p. 1999.)



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1    (20 ILCS 1815/51)  (from Ch. 129, par. 279)
2    Sec. 51. Necessary hospital charges shall be paid by the
3State on proper itemized invoices made in quadruplicate by the
4hospital authorities concerned, approved by the attending
5medical officer, or physician, or physician assistant and by
6The Adjutant General.
7(Source: Laws 1951, p. 1999.)
8    Section 70. The Department of Professional Regulation Law
9of the Civil Administrative Code of Illinois is amended by
10changing Section 2105-360 as follows:
11    (20 ILCS 2105/2105-360)
12    Sec. 2105-360. Licensing exemptions for athletic team
13health care professionals.
14    (a) Definitions. For purposes of this Section:
15    "Athletic team" means any professional or amateur level
16group from outside the State of Illinois organized for the
17purpose of engaging in athletic events that employs the
18services of a health care professional.
19    "Health care professional" means a physician, physician
20assistant, physical therapist, athletic trainer, or
22    (b) Notwithstanding any other provision of law, a health
23care professional who is licensed to practice in another state
24or country shall be exempt from licensure requirements under



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1the applicable Illinois professional Act while practicing his
2or her profession in this State if all of the following
3conditions are met:
4        (1) The health care professional has an oral or written
5    agreement with an athletic team to provide health care
6    services to the athletic team members, coaching staff, and
7    families traveling with the athletic team for a specific
8    sporting event to take place in this State.
9        (2) The health care professional may not provide care
10    or consultation to any person residing in this State other
11    than a person described in paragraph (1) of this subsection
12    (b) unless the care is covered under the Good Samaritan
13    Act.
14    (c) The exemption from licensure shall remain in force
15while the health care professional is traveling with the
16athletic team, but shall be no longer than 10 days per
17individual sporting event.
18    (d) The Secretary, upon prior written request by the health
19care professional, may grant the health care professional
20additional time of up to 20 additional days per sporting event.
21The total number of days the health care professional may be
22exempt, including additional time granted upon request, may not
23exceed 30 days per sporting event.
24    (e) A health care professional who is exempt from licensure
25requirements under this Section is not authorized to practice
26at a health care clinic or facility, including an acute care



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2(Source: P.A. 99-206, eff. 9-1-15.)
3    Section 75. The Department of Public Health Act is amended
4by changing Sections 7, 8.2, and 8.4 as follows:
5    (20 ILCS 2305/7)  (from Ch. 111 1/2, par. 22.05)
6    Sec. 7. The Illinois Department of Public Health shall
7adopt rules requiring that upon death of a person who had or is
8suspected of having an infectious or communicable disease that
9could be transmitted through contact with the person's body or
10bodily fluids, the body shall be labeled "Infection Hazard", or
11with an equivalent term to inform persons having subsequent
12contact with the body, including any funeral director or
13embalmer, to take suitable precautions. Such rules shall
14require that the label shall be prominently displayed on and
15affixed to the outer wrapping or covering of the body if the
16body is wrapped or covered in any manner. Responsibility for
17such labeling shall lie with the attending physician or
18physician assistant who certifies death, or if the death occurs
19in a health care facility, with such staff member as may be
20designated by the administrator of the facility. The Department
21may adopt rules providing for the safe disposal of human
22remains. To the extent feasible without endangering the
23public's health, the Department shall respect and accommodate
24the religious beliefs of individuals in implementing this



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2(Source: P.A. 93-829, eff. 7-28-04.)
3    (20 ILCS 2305/8.2)
4    Sec. 8.2. Osteoporosis Prevention and Education Program.
5    (a) The Department of Public Health, utilizing available
6federal funds, State funds appropriated for that purpose, or
7other available funding as provided for in this Section, shall
8establish, promote, and maintain an Osteoporosis Prevention
9and Education Program to promote public awareness of the causes
10of osteoporosis, options for prevention, the value of early
11detection, and possible treatments (including the benefits and
12risks of those treatments). The Department may accept, for that
13purpose, any special grant of money, services, or property from
14the federal government or any of its agencies or from any
15foundation, organization, or medical school.
16    (b) The program shall include the following:
17        (1) Development of a public education and outreach
18    campaign to promote osteoporosis prevention and education,
19    including, but not limited to, the following subjects:
20            (A) The cause and nature of the disease.
21            (B) Risk factors.
22            (C) The role of hysterectomy.
23            (D) Prevention of osteoporosis, including
24        nutrition, diet, and physical exercise.
25            (E) Diagnostic procedures and appropriate



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1        indications for their use.
2            (F) Hormone replacement, including benefits and
3        risks.
4            (G) Environmental safety and injury prevention.
5            (H) Availability of osteoporosis diagnostic
6        treatment services in the community.
7        (2) Development of educational materials to be made
8    available for consumers, particularly targeted to
9    high-risk groups, through local health departments, local
10    physicians or physician assistants, other providers
11    (including, but not limited to, health maintenance
12    organizations, hospitals, and clinics), and women's
13    organizations.
14        (3) Development of professional education programs for
15    health care providers to assist them in understanding
16    research findings and the subjects set forth in paragraph
17    (1).
18        (4) Development and maintenance of a list of current
19    providers of specialized services for the prevention and
20    treatment of osteoporosis. Dissemination of the list shall
21    be accompanied by a description of diagnostic procedures,
22    appropriate indications for their use, and a cautionary
23    statement about the current status of osteoporosis
24    research, prevention, and treatment. The statement shall
25    also indicate that the Department does not license,
26    certify, or in any other way approve osteoporosis programs



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1    or centers in this State.
2    (c) The State Board of Health shall serve as an advisory
3board to the Department with specific respect to the prevention
4and education activities related to osteoporosis described in
5this Section. The State Board of Health shall assist the
6Department in implementing this Section.
7(Source: P.A. 88-622, eff. 1-1-95.)
8    (20 ILCS 2305/8.4)
9    Sec. 8.4. Immunization Advisory Committee. The Director of
10Public Health shall appoint an Immunization Advisory Committee
11to advise the Director on immunization issues. The Director
12shall take into consideration any comments or recommendations
13made by the Advisory Committee. The Immunization Advisory
14Committee shall be composed of the following members with
15knowledge of immunization issues: a pediatrician, a physician
16licensed to practice medicine in all its branches, a physician
17assistant, a family physician, an infectious disease
18specialist from a university based center, 2 representatives of
19a local health department, a registered nurse, a school nurse,
20a public health provider, a public health officer or
21administrator, a representative of a children's hospital, 2
22representatives of immunization advocacy organizations, a
23representative from the State Board of Education, a person with
24expertise in bioterrorism issues, and any other individuals or
25organization representatives designated by the Director. The



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1Director shall designate one of the Advisory Committee members
2to serve as the Chairperson of the Advisory Committee.
3(Source: P.A. 92-561, eff. 6-24-02.)
4    Section 80. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by changing Sections 2310-50, 2310-77, 2310-90,
72310-220, 2310-250, 2310-330, 2310-335, 2310-342, 2310-345,
82310-350, 2310-372, 2310-376, 2310-378, 2310-397, 2310-410,
92310-425, 2310-540, 2310-577, 2310-600, 2310-643, and 2310-676
10and by renumbering and changing Section 2310-685 (as added by
11Public Act 99-424) as follows:
12    (20 ILCS 2310/2310-50)  (was 20 ILCS 2310/55.19)
13    Sec. 2310-50. Cooperation of organizations and agencies.
14To enlist the cooperation of organizations of physicians,
15organizations of physician assistants, and other agencies for
16the promotion and improvement of health and sanitation
17throughout the State.
18(Source: P.A. 91-239, eff. 1-1-00.)
19    (20 ILCS 2310/2310-77)
20    Sec. 2310-77. Chronic Disease Nutrition and Outcomes
21Advisory Commission.
22    (a) Subject to appropriation, the Chronic Disease
23Nutrition and Outcomes Advisory Commission is created to advise



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1the Department on how best to incorporate nutrition as a
2chronic disease management strategy into State health policy to
3avoid Medicaid hospitalizations, and how to measure health care
4outcomes that will likely be required by new federal
6    (b) The Commission shall consist of all of the following
8        (1) One member of the Senate appointed by the President
9    of the Senate and one member of the Senate appointed by the
10    Minority Leader of the Senate.
11        (2) One member of the House of Representatives
12    appointed by the Speaker of the House of Representatives
13    and one member of the House of Representatives appointed by
14    the Minority Leader of the House of Representatives.
15        (3) Six Five members appointed by the Governor as
16    follows:
17            (A) One representative of a not-for-profit social
18        service agency that provides clinical nutrition
19        services to individuals with HIV/AIDS and other
20        chronic diseases.
21            (B) One representative of a teaching medical
22        hospital that collaborates with community social
23        service providers.
24            (C) One representative of a social service agency
25        that provides outreach, counseling, and housing for
26        chronically ill individuals.



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1            (D) One person who is a licensed physician with
2        expertise in treating individuals with chronic
3        illnesses, including heart disease, hypertension, and
4        HIV/AIDS, among others.
5            (E) One representative of a not-for-profit
6        community based agency that provides direct care,
7        supportive services, and education related to chronic
8        illnesses, including heart disease, hypertension, and
9        HIV/AIDS, among others.
10            (F) One person who is a licensed physician
11        assistant with expertise in treating individuals with
12        chronic illnesses, including heart disease,
13        hypertension, and HIV/AIDS, among others.
14    Each Commission member shall serve for a term of 3 years
15and until his or her successor is appointed. Vacancies shall be
16filled in the same manner as original appointments.
17    (c) The Commission shall meet to organize and select a
18chairperson upon appointment of a majority of the members. The
19chairperson shall be elected by a majority vote of the members
20appointed to the Commission. The Commission shall meet at least
214 times a year at the call of the chairperson. Members of the
22Commission shall serve without compensation, but may be
23reimbursed for reasonable expenses incurred as a result of
24their duties as members of the Commission from funds
25appropriated to the Department for that purpose.
26    (d) The Commission shall submit an annual report to the



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1Department on or before July 1, 2011 and on or before July 1 of
2each year thereafter with its recommendations.
3    (e) The Department shall provide administrative and staff
4support to the Commission.
5(Source: P.A. 96-1502, eff. 1-27-11.)
6    (20 ILCS 2310/2310-90)  (was 20 ILCS 2310/55.09)
7    Sec. 2310-90. Laboratories; fees; Public Health Laboratory
8Services Revolving Fund. To maintain physical, chemical,
9bacteriological, and biological laboratories; to make
10examinations of milk, water, atmosphere, sewage, wastes, and
11other substances, and equipment and processes relating
12thereto; to make diagnostic tests for diseases and tests for
13the evaluation of health hazards considered necessary for the
14protection of the people of the State; and to assess a
15reasonable fee for services provided as established by
16regulation, under the Illinois Administrative Procedure Act,
17which shall not exceed the Department's actual costs to provide
18these services.
19    Excepting fees collected under the Newborn Metabolic
20Screening Act and the Lead Poisoning Prevention Act, all fees
21shall be deposited into the Public Health Laboratory Services
22Revolving Fund. Other State and federal funds related to
23laboratory services may also be deposited into the Fund, and
24all interest that accrues on the moneys in the Fund shall be
25deposited into the Fund.



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1    Moneys shall be appropriated from the Fund solely for the
2purposes of testing specimens submitted in support of
3Department programs established for the protection of human
4health, welfare, and safety, and for testing specimens
5submitted by physicians, physician assistants, and other
6health care providers, to determine whether chemically
7hazardous, biologically infectious substances, or other
8disease causing conditions are present.
9(Source: P.A. 96-328, eff. 8-11-09.)
10    (20 ILCS 2310/2310-220)  (was 20 ILCS 2310/55.73)
11    Sec. 2310-220. Findings; rural obstetrical care. The
12General Assembly finds that substantial areas of rural Illinois
13lack adequate access to obstetrical care. The primary cause of
14this problem is the absence of qualified practitioners who are
15willing to offer obstetrical services. A significant barrier to
16recruiting and retaining those practitioners is the high cost
17of professional liability insurance for practitioners offering
18obstetrical care.
19    Therefore, the Department, from funds appropriated for
20that purpose, shall award grants to physicians practicing
21obstetrics or physician assistants in rural designated
22shortage areas, as defined in Section 3.04 of the Family
23Practice Residency Act, for the purpose of reimbursing those
24physicians or physician assistants for the costs of obtaining
25malpractice insurance relating to obstetrical services. The



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1Department shall establish reasonable conditions, standards,
2and duties relating to the application for and receipt of the
4(Source: P.A. 91-239, eff. 1-1-00.)
5    (20 ILCS 2310/2310-250)  (was 20 ILCS 2310/55.13)
6    Sec. 2310-250. Distribution of vaccines and other
7medicines and products. To acquire and distribute free of
8charge for the benefit of citizens of the State upon request by
9physicians licensed in Illinois to practice medicine in all of
10its branches or physician assistants or by licensed hospitals
11in the State diphtheria antitoxin, typhoid vaccine, smallpox
12vaccine, poliomyelitis vaccine and other sera, vaccines,
13prophylactics, and drugs that are of recognized efficiency in
14the diagnosis, prevention, and treatment of diseases; also
15biological products, blood plasma, penicillin, sulfonamides,
16and other products and medicines that are of recognized
17therapeutic efficiency in the use of first aid treatment in
18case of accidental injury or in the prevention and treatment of
19diseases or conditions harmful to health; provided that those
20drugs shall be manufactured only during the period that they
21are not made readily available by private sources. These
22medications and biologics may be distributed through public and
23private agencies or individuals and firms designated by the
24Director as authorized agencies for this purpose.
25(Source: P.A. 91-239, eff. 1-1-00.)



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1    (20 ILCS 2310/2310-330)  (was 20 ILCS 2310/55.46)
2    Sec. 2310-330. Sperm and tissue bank registry; AIDS test
3for donors; penalties.
4    (a) The Department shall establish a registry of all sperm
5banks and tissue banks operating in this State. All sperm banks
6and tissue banks operating in this State shall register with
7the Department by May 1 of each year. Any person, hospital,
8clinic, corporation, partnership, or other legal entity that
9operates a sperm bank or tissue bank in this State and fails to
10register with the Department pursuant to this Section commits a
11business offense and shall be subject to a fine of $5000.
12    (b) All donors of semen for purposes of artificial
13insemination, or donors of corneas, bones, organs, or other
14human tissue for the purpose of injecting, transfusing, or
15transplanting any of them in the human body, shall be tested
16for evidence of exposure to human immunodeficiency virus (HIV)
17and any other identified causative agent of acquired
18immunodeficiency syndrome (AIDS) at the time of or after the
19donation but prior to the semen, corneas, bones, organs, or
20other human tissue being made available for that use. However,
21when in the opinion of the attending physician or physician
22assistant the life of a recipient of a bone, organ, or other
23human tissue donation would be jeopardized by delays caused by
24testing for evidence of exposure to HIV and any other causative
25agent of AIDS, testing shall not be required.



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1    (c) Except as otherwise provided in subsection (c-5), no
2person may intentionally, knowingly, recklessly, or
3negligently use the semen, corneas, bones, organs, or other
4human tissue of a donor unless the requirements of subsection
5(b) have been met. Except as otherwise provided in subsection
6(c-5), no person may intentionally, knowingly, recklessly, or
7negligently use the semen, corneas, bones, organs, or other
8human tissue of a donor who has tested positive for exposure to
9HIV or any other identified causative agent of AIDS. Violation
10of this subsection (c) shall be a Class 4 felony.
11    (c-5) It is not a violation of this Section for a person to
12perform a solid organ transplant of an organ from an HIV
13infected donor to a person who has tested positive for exposure
14to HIV or any other identified causative agent of AIDS and who
15is in immediate threat of death unless the transplant is
16performed. A tissue bank that provides an organ from an HIV
17infected donor under this subsection (c-5) may not be
18criminally or civilly liable for the furnishing of that organ
19under this subsection (c-5).
20    (d) For the purposes of this Section:
21    "Human tissue" shall not be construed to mean organs or
22whole blood or its component parts.
23    "Tissue bank" has the same meaning as set forth in the
24Illinois Anatomical Gift Act.
25    "Solid organ transplant" means the surgical
26transplantation of internal organs including, but not limited



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1to, the liver, kidney, pancreas, lungs, or heart. "Solid organ
2transplant" does not mean a bone marrow based transplant or a
3blood transfusion.
4    "HIV infected donor" means a deceased donor who was
5infected with HIV or a living donor known to be infected with
6HIV and who is willing to donate a part or all of one or more of
7his or her organs. A determination of the donor's HIV infection
8is made by the donor's medical history or by specific tests
9that document HIV infection, such as HIV RNA or DNA, or by
10antibodies to HIV.
11(Source: P.A. 95-331, eff. 8-21-07.)
12    (20 ILCS 2310/2310-335)  (was 20 ILCS 2310/55.43)
13    Sec. 2310-335. Alzheimer's disease; exchange of
14information; autopsies.
15    (a) The Department shall establish policies, procedures,
16standards, and criteria for the collection, maintenance, and
17exchange of confidential personal and medical information
18necessary for the identification and evaluation of victims of
19Alzheimer's disease and related disorders and for the conduct
20of consultation, referral, and treatment through personal
21physicians, physician assistants, primary Alzheimer's centers,
22and regional Alzheimer's assistance centers provided for in the
23Alzheimer's Disease Assistance Act. These requirements shall
24include procedures for obtaining the necessary consent of a
25patient or guardian to the disclosure and exchange of that



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1information among providers of services within an Alzheimer's
2disease assistance network and for the maintenance of the
3information in a centralized medical information system
4administered by a regional Alzheimer's center. Nothing in this
5Section requires disclosure or exchange of information
6pertaining to confidential communications between patients and
7therapists or disclosure or exchange of information contained
8within a therapist's personal notes.
9    (b) Any person identified as a victim of Alzheimer's
10disease or a related disorder under the Alzheimer's Disease
11Assistance Act shall be provided information regarding the
12critical role that autopsies play in the diagnosis and in the
13conduct of research into the cause and cure of Alzheimer's
14disease and related disorders. The person, or the spouse or
15guardian of the person, shall be encouraged to consent to an
16autopsy upon the person's death.
17    The Department shall provide information to medical
18examiners and coroners in this State regarding the importance
19of autopsies in the diagnosis and in the conduct of research
20into the causes and cure of Alzheimer's disease and related
21disorders. The Department shall also arrange for education and
22training programs that will enable medical examiners and
23coroners to conduct autopsies necessary for a proper diagnosis
24of Alzheimer's disease or related disorders as the cause or a
25contributing factor to a death.
26(Source: P.A. 91-239, eff. 1-1-00.)



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1    (20 ILCS 2310/2310-342)
2    Sec. 2310-342. Umbilical cord blood donations.
3    (a) Subject to appropriations for that purpose, the
4Department of Public Health shall, by January 1, 2008, prepare
5and distribute to health and maternal care providers written
6publications containing standardized, objective information
7about umbilical cord blood banking that is sufficient to allow
8a pregnant woman to make an informed decision about whether to
9participate in a public or private umbilical cord blood banking
10program, including the following information:
11        (1) An explanation of the difference between public and
12    private umbilical cord blood banking.
13        (2) The options available to a mother, after the
14    delivery of her newborn, relating to stem cells contained
15    in the umbilical cord blood, including:
16            (A) donating to a public bank;
17            (B) storing in a family umbilical cord blood bank
18        for use by immediate and extended family members;
19            (C) storing, for family use, through a family or
20        sibling donor banking program that provides free
21        collection, processing, and storage when there is a
22        medical need; and
23            (D) discarding the umbilical cord blood.
24        (3) The medical processes involved in the collection of
25    umbilical cord blood.



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1        (4) The medical risks to a mother and her newborn child
2    of umbilical cord blood collection.
3        (5) The current and potential future medical uses and
4    benefits of umbilical cord blood collection to a mother,
5    her newborn child, and her biological family.
6        (6) The current and potential future medical uses and
7    benefits of umbilical cord blood collection to persons who
8    are not biologically related to a mother or her newborn
9    child.
10        (7) Medical or family history criteria that can impact
11    a family's consideration of umbilical cord blood banking.
12        (8) Costs associated with public and private umbilical
13    cord blood banking, including the family banking and
14    sibling donor programs when there is a medical need.
15        (9) Options for ownership and future use of the donated
16    material.
17        (10) The availability in Illinois of umbilical cord
18    blood donations.
19    (b) The Department shall encourage health and maternal care
20providers providing healthcare services to a pregnant woman,
21when those healthcare services are directly related to her
22pregnancy, to provide the pregnant woman with the publication
23described under subsection (a) of this Section before her third
25    (c) In developing the publications required under
26subsection (a), the Department of Public Health shall consult



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1with an organization of physicians licensed to practice
2medicine in all its branches, an organization of physician
3assistants, and consumer groups. The Department shall update
4the publications every 2 years.
5(Source: P.A. 94-832, eff. 6-5-06; 95-73, eff. 8-13-07.)
6    (20 ILCS 2310/2310-345)  (was 20 ILCS 2310/55.49)
7    Sec. 2310-345. Breast cancer; written summary regarding
8early detection and treatment.
9    (a) From funds made available for this purpose, the
10Department shall publish, in layman's language, a standardized
11written summary outlining methods for the early detection and
12diagnosis of breast cancer. The summary shall include
13recommended guidelines for screening and detection of breast
14cancer through the use of techniques that shall include but not
15be limited to self-examination, clinical breast exams, and
16diagnostic radiology.
17    (b) The summary shall also suggest that women seek
18mammography services from facilities that are certified to
19perform mammography as required by the federal Mammography
20Quality Standards Act of 1992.
21    (c) The summary shall also include the medically viable
22alternative methods for the treatment of breast cancer,
23including, but not limited to, hormonal, radiological,
24chemotherapeutic, or surgical treatments or combinations
25thereof. The summary shall contain information on breast



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1reconstructive surgery, including, but not limited to, the use
2of breast implants and their side effects. The summary shall
3inform the patient of the advantages, disadvantages, risks, and
4dangers of the various procedures. The summary shall include
5(i) a statement that mammography is the most accurate method
6for making an early detection of breast cancer, however, no
7diagnostic tool is 100% effective, (ii) the benefits of
8clinical breast exams, and (iii) instructions for performing
9breast self-examination and a statement that it is important to
10perform a breast self-examination monthly.
11    (c-5) The summary shall specifically address the benefits
12of early detection and review the clinical standard
13recommendations by the Centers for Disease Control and
14Prevention and the American Cancer Society for mammography,
15clinical breast exams, and breast self-exams.
16    (c-10) The summary shall also inform individuals that
17public and private insurance providers shall pay for clinical
18breast exams as part of an exam, as indicated by guidelines of
20    (c-15) The summary shall also inform individuals, in
21layman's terms, of the meaning and consequences of "dense
22breast tissue" under the guidelines of the Breast Imaging
23Reporting and Data System of the American College of Radiology
24and potential recommended follow-up tests or studies.
25    (d) In developing the summary, the Department shall consult
26with the Advisory Board of Cancer Control, the Illinois State



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1Medical Society and consumer groups. The summary shall be
2updated by the Department every 2 years.
3    (e) The summaries shall additionally be translated into
4Spanish, and the Department shall conduct a public information
5campaign to distribute the summaries to the Hispanic women of
6this State in order to inform them of the importance of early
7detection and mammograms.
8    (f) The Department shall distribute the summary to
9hospitals, public health centers, and physicians, and
10physician assistants who are likely to perform or order
11diagnostic tests for breast disease or treat breast cancer by
12surgical or other medical methods. Those hospitals, public
13health centers, and physicians, and physician assistants shall
14make the summaries available to the public. The Department
15shall also distribute the summaries to any person,
16organization, or other interested parties upon request. The
17summaries may be duplicated by any person, provided the copies
18are identical to the current summary prepared by the
20    (g) The summary shall display, on the inside of its cover,
21printed in capital letters, in bold face type, the following
23    "The information contained in this brochure regarding
24recommendations for early detection and diagnosis of breast
25disease and alternative breast disease treatments is only for
26the purpose of assisting you, the patient, in understanding the



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1medical information and advice offered by your physician. This
2brochure cannot serve as a substitute for the sound
3professional advice of your physician. The availability of this
4brochure or the information contained within is not intended to
5alter, in any way, the existing physician-patient
6relationship, nor the existing professional obligations of
7your physician in the delivery of medical services to you, the
9    (h) The summary shall be updated when necessary.
10(Source: P.A. 98-502, eff. 1-1-14; 98-886, eff. 1-1-15.)
11    (20 ILCS 2310/2310-350)  (was 20 ILCS 2310/55.70)
12    Sec. 2310-350. Penny Severns Breast, Cervical, and Ovarian
13Cancer Research Fund. From funds appropriated from the Penny
14Severns Breast, Cervical, and Ovarian Cancer Research Fund, the
15Department shall award grants to eligible physicians,
16physician assistants, hospitals, laboratories, education
17institutions, and other organizations and persons to enable
18organizations and persons to conduct research. Disbursements
19from the Penny Severns Breast, Cervical, and Ovarian Cancer
20Research Fund for the purpose of ovarian cancer research shall
21be subject to appropriations. For the purposes of this Section,
22"research" includes, but is not limited to, expenditures to
23develop and advance the understanding, techniques, and
24modalities effective in early detection, prevention, cure,
25screening, and treatment of breast, cervical, and ovarian



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1cancer and may include clinical trials.
2    Moneys received for the purposes of this Section, including
3but not limited to income tax checkoff receipts and gifts,
4grants, and awards from private foundations, nonprofit
5organizations, other governmental entities, and persons shall
6be deposited into the Penny Severns Breast, Cervical, and
7Ovarian Cancer Research Fund, which is hereby created as a
8special fund in the State treasury.
9    The Department shall create an advisory committee with
10members from, but not limited to, the Illinois Chapter of the
11American Cancer Society, Y-Me, the Susan G. Komen Foundation,
12and the State Board of Health for the purpose of awarding
13research grants under this Section. Members of the advisory
14committee shall not be eligible for any financial compensation
15or reimbursement.
16(Source: P.A. 94-119, eff. 1-1-06.)
17    (20 ILCS 2310/2310-372)
18    Sec. 2310-372. Stroke Task Force.
19    (a) The Stroke Task Force is created within the Department
20of Public Health.
21    (b) The task force shall be composed of the following
23        (1) Twenty Nineteen members appointed by the Director
24    of Public Health from nominations submitted to the Director
25    by the following organizations, one member to represent



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1    each organization: the American Stroke Association; the
2    National Stroke Association; the Illinois State Medical
3    Society; the Illinois Neurological Society; the Illinois
4    Academy of Family Physicians; the Illinois Chapter of the
5    American College of Emergency Physicians; the Illinois
6    Chapter of the American College of Cardiology; the Illinois
7    Nurses Association; the Illinois Hospital and Health
8    Systems Association; the Illinois Physical Therapy
9    Association; the Pharmaceutical Manufacturers Association;
10    the Illinois Rural Health Association; the Illinois
11    Chapter of AARP; the Illinois Association of
12    Rehabilitation Facilities; the Illinois Life Insurance
13    Council; the Illinois Public Health Association; the
14    Illinois Speech-Language Hearing Association; the American
15    Association of Neurological Surgeons; the Illinois Academy
16    of Physician Assistants; and the Illinois Health Care Cost
17    Containment Council.
18        (2) Five members appointed by the Governor as follows:
19    one stroke survivor; one licensed emergency medical
20    technician; one individual who (i) holds the degree of
21    Medical Doctor or Doctor of Philosophy and (ii) is a
22    teacher or researcher at a teaching or research university
23    located in Illinois; one individual who is a minority
24    person as defined in the Business Enterprise for
25    Minorities, Females, and Persons with Disabilities Act;
26    and one member of the general public.



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1        (3) The following ex officio members: the chairperson
2    of the Senate Public Health Committee; the minority
3    spokesperson of the Senate Public Health Committee; the
4    chairperson of the House Health Care Committee; and the
5    minority spokesperson of the House Health Care Committee.
6    The Director of Public Health shall serve as the
7chairperson of the task force.
8    If a vacancy occurs in the task force membership, the
9vacancy shall be filled in the same manner as the initial
11    (c) Task force members shall serve without compensation,
12but nonpublic members shall be reimbursed for their reasonable
13travel expenses incurred in performing their duties in
14connection with the task force.
15    (d) The task force shall adopt bylaws; shall meet at least
163 times each calendar year; and may establish committees as it
17deems necessary. For purposes of task force meetings, a quorum
18is the number of members present at a meeting. Meetings of the
19task force are subject to the Open Meetings Act. The task force
20must afford an opportunity for public comment at its meetings.
21    (e) The task force shall advise the Department of Public
22Health with regard to setting priorities for improvements in
23stroke prevention and treatment efforts, including, but not
24limited to, the following:
25        (1) Developing and implementing a comprehensive
26    statewide public education program on stroke prevention,



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1    targeted to high-risk populations and to geographic areas
2    where there is a high incidence of stroke.
3        (2) Identifying the signs and symptoms of stroke and
4    the action to be taken when these signs or symptoms occur.
5        (3) Recommending and disseminating guidelines on the
6    treatment of stroke patients, including emergency stroke
7    care.
8        (4) Ensuring that the public and health care providers
9    and institutions are sufficiently informed regarding the
10    most effective strategies for stroke prevention; and
11    assisting health care providers in using the most effective
12    treatment strategies for stroke.
13        (5) Addressing means by which guidelines may be revised
14    to remain current with developing treatment methodologies.
15    (f) The task force shall advise the Department of Public
16Health concerning the awarding of grants to providers of
17emergency medical services and to hospitals for the purpose of
18improving care to stroke patients.
19    (g) The task force shall submit an annual report to the
20Governor and the General Assembly by January 1 of each year,
21beginning in 2003. The report must include, but need not be
22limited to, the following:
23        (1) The task force's plans, actions, and
24    recommendations.
25        (2) An accounting of moneys spent for grants and for
26    other purposes.



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1(Source: P.A. 92-710, eff. 7-19-02.)
2    (20 ILCS 2310/2310-376)
3    Sec. 2310-376. Hepatitis education and outreach.
4    (a) The Illinois General Assembly finds and declares the
6        (1) The World Health Organization characterizes
7    hepatitis as a disease of primary concern to humanity.
8        (2) Hepatitis is considered a silent killer; no
9    recognizable signs or symptoms occur until severe liver
10    damage has occurred.
11        (3) Studies indicate that nearly 4 million Americans
12    (1.8 percent of the population) carry the virus HCV that
13    causes the disease.
14        (4) 30,000 acute new infections occur each year in the
15    United States, and only 25 to 30 percent are diagnosed.
16        (5) 8,000 to 10,000 Americans die from the disease each
17    year.
18        (6) 200,000 Illinois residents may be carriers and
19    could develop the debilitating and potentially deadly
20    liver disease.
21        (7) Inmates of correctional facilities have a higher
22    incidence of hepatitis and, upon their release, present a
23    significant health risk to the general population.
24        (8) Illinois members of the armed services are subject
25    to an increased risk of contracting hepatitis due to their



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1    possible receipt of contaminated blood during a
2    transfusion occurring for the treatment of wounds and due
3    to their service in areas of the World where the disease is
4    more prevalent and healthcare is less capable of detecting
5    and treating the disease. Many of these service members are
6    unaware of the danger of hepatitis and their increased risk
7    of contracting the disease.
8    (b) Subject to appropriation, the Department shall conduct
9an education and outreach campaign, in addition to its overall
10effort to prevent infectious disease in Illinois, in order to
11raise awareness about and promote prevention of hepatitis.
12    (c) Subject to appropriation, in addition to the education
13and outreach campaign provided in subsection (b), the
14Department shall develop and make available to physicians,
15physician assistants, other health care providers, members of
16the armed services, and other persons subject to an increased
17risk of contracting hepatitis, educational materials, in
18written and electronic forms, on the diagnosis, treatment, and
19prevention of the disease. These materials shall include the
20recommendations of the federal Centers for Disease Control and
21Prevention and any other persons or entities determined by the
22Department to have particular expertise on hepatitis,
23including the American Liver Foundation. These materials shall
24be written in terms that are understandable by members of the
25general public.
26    (d) The Department shall establish an Advisory Council on



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1Hepatitis to develop a hepatitis prevention plan. The
2Department shall specify the membership, members' terms,
3provisions for removal of members, chairmen, and purpose of the
4Advisory Council. The Advisory Council shall consist of one
5representative from each of the following State agencies or
6offices, appointed by the head of each agency or office:
7        (1) The Department of Public Health.
8        (2) The Department of Public Aid.
9        (3) The Department of Corrections.
10        (4) The Department of Veterans' Affairs.
11        (5) The Department on Aging.
12        (6) The Department of Human Services.
13        (7) The Department of State Police.
14        (8) The office of the State Fire Marshal.
15    The Director shall appoint representatives of
16organizations and advocates in the State of Illinois,
17including, but not limited to, the American Liver Foundation.
18The Director shall also appoint interested members of the
19public, including consumers and providers of health services
20and representatives of local public health agencies, to provide
21recommendations and information to the members of the Advisory
22Council. Members of the Advisory Council shall serve on a
23voluntary, unpaid basis and are not entitled to reimbursement
24for mileage or other costs they incur in connection with
25performing their duties.
26(Source: P.A. 93-129, eff. 1-1-04; 94-406, eff. 8-2-05.)



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1    (20 ILCS 2310/2310-378)
2    Sec. 2310-378. Wilson's disease.
3    (a) The Illinois General Assembly finds and declares the
5        (1) Wilson's disease is an inherited disorder in which
6    excessive amounts of copper accumulate in the body and can
7    cause liver disease and neurological or psychiatric
8    disorders; and
9        (2) Successful treatment is available for sufferers of
10    Wilson's disease but, without proper treatment, the
11    disease is generally fatal by the age of 30.
12    (b) Subject to appropriation, the Department shall: (i)
13conduct a public health information campaign for physicians,
14physician assistants, hospitals, health facilities, public
15health departments, and the general public on Wilson's disease,
16methods of care, and treatment modalities available; (ii)
17identify and catalog Wilson's disease resources in this State
18for distribution and referral purposes; and (iii) coordinate
19services with established programs, including State, federal,
20and voluntary groups.
21(Source: P.A. 93-129, eff. 1-1-04.)
22    (20 ILCS 2310/2310-397)  (was 20 ILCS 2310/55.90)
23    Sec. 2310-397. Prostate and testicular cancer program.
24    (a) The Department, subject to appropriation or other



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



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



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



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1treatment modalities available; to identify and catalogue
2sickle cell resources in this State for distribution and
3referral purposes; and to coordinate services with the
4established programs, including State, federal, and voluntary
6(Source: P.A. 91-239, eff. 1-1-00.)
7    (20 ILCS 2310/2310-425)  (was 20 ILCS 2310/55.66)
8    Sec. 2310-425. Health care summary for women.
9    (a) From funds made available from the General Assembly for
10this purpose, the Department shall publish in plain language,
11in both an English and a Spanish version, a pamphlet providing
12information regarding health care for women which shall include
13the following:
14        (1) A summary of the various medical conditions,
15    including cancer, sexually transmitted diseases,
16    endometriosis, or other similar diseases or conditions
17    widely affecting women's reproductive health, that may
18    require a hysterectomy or other treatment.
19        (2) A summary of the recommended schedule and
20    indications for physical examinations, including "pap
21    smears" or other tests designed to detect medical
22    conditions of the uterus and other reproductive organs.
23        (3) A summary of the widely accepted medical
24    treatments, including viable alternatives, that may be
25    prescribed for the medical conditions specified in



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1    paragraph (1).
2    (b) In developing the summary the Department shall consult
3with the Illinois State Medical Society, the Illinois Academy
4of Physician Assistants, and consumer groups. The summary shall
5be updated by the Department every 2 years.
6    (c) The Department shall distribute the summary to
7hospitals, public health centers, and physicians, and
8physician assistants who are likely to treat medical conditions
9described in paragraph (1) of subsection (a). Those hospitals,
10public health centers, and physicians shall make the summaries
11available to the public. The Department shall also distribute
12the summaries to any person, organization, or other interested
13parties upon request. The summary may be duplicated by any
14person provided the copies are identical to the current summary
15prepared by the Department.
16    (d) The summary shall display on the inside of its cover,
17printed in capital letters and bold face type, the following
19    "The information contained in this brochure is only for the
20purpose of assisting you, the patient, in understanding the
21medical information and advice offered by your health care
22provider physician. This brochure cannot serve as a substitute
23for the sound professional advice of your health care provider
24physician. The availability of this brochure or the information
25contained within is not intended to alter, in any way, the
26existing health care provider-patient physician-patient



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1relationship, nor the existing professional obligations of
2your health care provider physician in the delivery of medical
3services to you, the patient."
4(Source: P.A. 91-239, eff. 1-1-00.)
5    (20 ILCS 2310/2310-540)  (was 20 ILCS 2310/55.31)
6    Sec. 2310-540. General hospitals; minimum standards for
7operation; uterine cytologic examinations for cancer. To
8establish and enforce minimum standards for the operation of
9all general hospitals. The standards shall include the
10requirement that every hospital licensed by the State of
11Illinois shall offer a uterine cytologic examination for cancer
12to every female in-patient 20 years of age or over unless
13considered contra-indicated by the attending physician or
14physician assistant or unless it has been performed within the
15previous year. Every woman for whom the test is applicable
16shall have the right to refuse the test on the counsel of the
17attending physician or physician assistant or on her own
18judgment. The hospital shall in all cases maintain records to
19show either the results of the test or that the test was not
20applicable or that it was refused.
21(Source: P.A. 91-239, eff. 1-1-00.)
22    (20 ILCS 2310/2310-577)
23    Sec. 2310-577. Cord blood stem cell banks.
24    (a) Subject to appropriation, the Department shall



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1establish a network of human cord blood stem cell banks. The
2Director shall enter into contracts with qualified cord blood
3stem cell banks to assist in the establishment, provision, and
4maintenance of the network.
5    (b) A cord blood stem cell bank is eligible to enter the
6network and be a donor bank if it satisfies each of the
8        (1) Has obtained all applicable federal and State
9    licenses, accreditations, certifications, registrations,
10    and other authorizations required to operate and maintain a
11    cord blood stem cell bank.
12        (2) Has implemented donor screening and cord blood
13    collection practices adequate to protect both donors and
14    transplant recipients and to prevent transmission of
15    potentially harmful infections and other diseases.
16        (3) Has established a system of strict confidentiality
17    to protect the identity and privacy of patients and donors
18    in accordance with existing federal and State law and
19    consistent with regulations promulgated under the Health
20    Insurance Portability and Accountability Act of 1996,
21    Public Law 104-191, for the release of the identity of
22    donors, the identity of recipients, or identifiable
23    records.
24        (4) Has established a system for encouraging donation
25    by an ethnically and racially diverse group of donors.
26        (5) Has developed adequate systems for communication



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1    with other cord blood stem cell banks, transplant centers,
2    and physicians or physician assistants with respect to the
3    request, release, and distribution of cord blood units
4    nationally and has developed those systems, consistent
5    with the regulations promulgated under the Health
6    Insurance Portability and Accountability Act of 1996,
7    Public Law 104-191, to track recipients' clinical outcomes
8    for distributed units.
9        (6) Has developed an objective system for educating the
10    public, including patient advocacy organizations, about
11    the benefits of donating and utilizing cord blood stem
12    cells in appropriate circumstances.
13        (7) Has policies and procedures in place for the
14    procurement of materials for the conduct of stem cell
15    research, including policies and procedures ensuring that
16    persons are empowered to make voluntary and informed
17    decisions to participate or to refuse to participate in the
18    research, and ensuring confidentiality of the decision.
19        (8) Has policies and procedures in place to ensure the
20    bank is following current best practices with respect to
21    medical ethics, including informed consent of patients and
22    the protection of human subjects.
23    (c) A donor bank that enters into the network shall do all
24of the following:
25        (1) Acquire, tissue-type, test, cryopreserve, and
26    store donated units of human cord blood acquired with the



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1    informed consent of the donor, in a manner that complies
2    with applicable federal regulations.
3        (2) Make cord blood units collected under this Section,
4    or otherwise, available to transplant centers for stem cell
5    transplantation.
6        (3) Allocate up to 10% of the cord blood inventory each
7    year for peer-reviewed research. This quota may be met by
8    using cord blood units that did not meet the cell count
9    standards necessary for transplantation.
10        (4) Make agreements with obstetrical health care
11    facilities, consistent with federal regulations, for the
12    collection of donated units of human cord blood.
13    (d) An advisory committee shall advise the Department
14concerning the administration of the cord blood stem cell bank
15network. The committee shall be appointed by the Director and
16consist of members who represent each of the following:
17        (1) Cord blood stem cell transplant centers.
18        (2) Physicians or physician assistants from
19    participating birthing hospitals.
20        (3) The cord blood stem cell research community.
21        (4) Recipients of cord blood stem cell transplants.
22        (5) Family members who have made a donation to a
23    statewide cord blood stem cell bank.
24        (6) Individuals with expertise in the social sciences.
25        (7) Members of the general public.
26        (8) Each network donor bank.



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1        (9) Hospital administration from birthing hospitals.
2    Except as otherwise provided under this subsection, each
3member of the committee shall serve for a 3-year term and may
4be reappointed for one or more additional terms. Appointments
5for the initial members shall be for terms of 1, 2, and 3
6years, respectively, so as to provide for the subsequent
7appointment of an equal number of members each year. The
8committee shall elect a chairperson.
9    (e) A person has a conflict of interest if any action,
10advice, or recommendation with respect to a matter may directly
11or indirectly financially benefit any of the following:
12        (1) That person.
13        (2) That person's spouse, immediate family living with
14    that person, or that person's extended family.
15        (3) Any individual or entity required to be disclosed
16    by that person.
17        (4) Any other individual or entity with which that
18    person has a business or professional relationship.
19    An advisory committee member who has a conflict of interest
20with respect to a matter may not discuss that matter with other
21committee members and shall not vote upon or otherwise
22participate in any committee action, advice, or recommendation
23with respect to that matter. Each recusal occurring during a
24committee meeting shall be made a part of the minutes or
25recording of the meeting in accordance with the Open Meetings



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1    The Department shall not allow any Department employee to
2participate in the processing of, or to provide any advice or
3recommendation concerning, any matter with which the
4Department employee has a conflict of interest.
5    (f) Each advisory committee member shall file with the
6Secretary of State a written disclosure of the following with
7respect to the member, the member's spouse, and any immediate
8family living with the member:
9        (1) Each source of income.
10        (2) Each entity in which the member, spouse, or
11    immediate family living with the member has an ownership or
12    distributive income share that is not an income source
13    required to be disclosed under item (1) of this subsection
14    (f).
15        (3) Each entity in or for which the member, spouse, or
16    immediate family living with the member serves as an
17    executive, officer, director, trustee, or fiduciary.
18        (4) Each entity with which the member, member's spouse,
19    or immediate family living with the member has a contract
20    for future income.
21    Each advisory committee member shall file the disclosure
22required by this subsection (f) at the time the member is
23appointed and at the time of any reappointment of that member.
24    Each advisory committee member shall file an updated
25disclosure with the Secretary of State promptly after any
26change in the items required to be disclosed under this



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1subsection with respect to the member, the member's spouse, or
2any immediate family living with the member.
3    The requirements of Section 3A-30 of the Illinois
4Governmental Ethics Act and any other disclosures required by
5law apply to this Act.
6    Filed disclosures shall be public records.
7    (g) The Department shall do each of the following:
8        (1) Ensure that the donor banks within the network meet
9    the requirements of subsection (b) on a continuing basis.
10        (2) Encourage network donor banks to work
11    collaboratively with other network donor banks and
12    encourage network donor banks to focus their resources in
13    their respective local or regional area.
14        (3) Designate one or more established national or
15    international cord blood registries to serve as a statewide
16    cord blood stem cell registry.
17        (4) Coordinate the donor banks in the network.
18    In performing these duties, the Department may seek the
19advice of the advisory committee.
20    (h) Definitions. As used in this Section:
21        (1) "Cord blood unit" means the blood collected from a
22    single placenta and umbilical cord.
23        (2) "Donor" means a mother who has delivered a baby and
24    consents to donate the newborn's blood remaining in the
25    placenta and umbilical cord.
26        (3) "Donor bank" means a qualified cord blood stem cell



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1    bank that enters into a contract with the Director under
2    this Section.
3        (4) "Human cord blood stem cells" means hematopoietic
4    stem cells and any other stem cells contained in the
5    neonatal blood collected immediately after the birth from
6    the separated placenta and umbilical cord.
7        (5) "Network" means the network of qualified cord blood
8    stem cell banks established under this Section.
9(Source: P.A. 95-406, eff. 8-24-07.)
10    (20 ILCS 2310/2310-600)
11    Sec. 2310-600. Advance directive information.
12    (a) The Department of Public Health shall prepare and
13publish the summary of advance directives law, as required by
14the federal Patient Self-Determination Act, and related forms.
15Publication may be limited to the World Wide Web. The summary
16required under this subsection (a) must include the Department
17of Public Health Uniform POLST form.
18    (b) The Department of Public Health shall publish Spanish
19language versions of the following:
20        (1) The statutory Living Will Declaration form.
21        (2) The Illinois Statutory Short Form Power of Attorney
22    for Health Care.
23        (3) The statutory Declaration of Mental Health
24    Treatment Form.
25        (4) The summary of advance directives law in Illinois.



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1        (5) The Department of Public Health Uniform POLST form.
2    Publication may be limited to the World Wide Web.
3    (b-5) In consultation with a statewide professional
4organization representing physicians licensed to practice
5medicine in all its branches, a statewide professional
6organization representing physician assistants, statewide
7organizations representing nursing homes, registered
8professional nurses, and emergency medical systems, and a
9statewide organization representing hospitals, the Department
10of Public Health shall develop and publish a uniform form for
11practitioner cardiopulmonary resuscitation (CPR) or
12life-sustaining treatment orders that may be utilized in all
13settings. The form shall meet the published minimum
14requirements to nationally be considered a practitioner orders
15for life-sustaining treatment form, or POLST, and may be
16referred to as the Department of Public Health Uniform POLST
17form. This form does not replace a physician's or other
18practitioner's authority to make a do-not-resuscitate (DNR)
20    (c) (Blank).
21    (d) The Department of Public Health shall publish the
22Department of Public Health Uniform POLST form reflecting the
23changes made by this amendatory Act of the 98th General
24Assembly no later than January 1, 2015.
25(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.)



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1    (20 ILCS 2310/2310-643)
2    Sec. 2310-643. Illinois State Diabetes Commission.
3    (a) Commission established. The Illinois State Diabetes
4Commission is established within the Department of Public
5Health. The Commission shall consist of members that are
6residents of this State and shall include an Executive
7Committee appointed by the Director. The members of the
8Commission shall be appointed by the Director as follows:
9        (1) The Director or the Director's designee, who shall
10    serve as chairperson of the Commission.
11        (2) Physicians who are board certified in
12    endocrinology, with at least one physician with expertise
13    and experience in the treatment of childhood diabetes and
14    at least one physician with expertise and experience in the
15    treatment of adult onset diabetes.
16        (3) Physician assistants or other health Health care
17    professionals with expertise and experience in the
18    prevention, treatment, and control of diabetes.
19        (4) Representatives of organizations or groups that
20    advocate on behalf of persons suffering from diabetes.
21        (5) Representatives of voluntary health organizations
22    or advocacy groups with an interest in the prevention,
23    treatment, and control of diabetes.
24        (6) Members of the public who have been diagnosed with
25    diabetes.
26    The Director may appoint additional members deemed



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1necessary and appropriate by the Director.
2    Members of the Commission shall be appointed by June 1,
32010. A member shall continue to serve until his or her
4successor is duly appointed and qualified.
5    (b) Meetings. Meetings shall be held 3 times per year or at
6the call of the Commission chairperson.
7    (c) Reimbursement. Members shall serve without
8compensation but shall, subject to appropriation, be
9reimbursed for reasonable and necessary expenses actually
10incurred in the performance of the member's official duties.
11    (d) Department support. The Department shall provide
12administrative support and current staff as necessary for the
13effective operation of the Commission.
14    (e) Duties. The Commission shall perform all of the
15following duties:
16        (1) Hold public hearings to gather information from the
17    general public on issues pertaining to the prevention,
18    treatment, and control of diabetes.
19        (2) Develop a strategy for the prevention, treatment,
20    and control of diabetes in this State.
21        (3) Examine the needs of adults, children, racial and
22    ethnic minorities, and medically underserved populations
23    who have diabetes.
24        (4) Prepare and make available an annual report on the
25    activities of the Commission to the Director, the Speaker
26    of the House of Representatives, the Minority Leader of the



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1    House of Representatives, the President of the Senate, the
2    Minority Leader of the Senate, and the Governor by June 30
3    of each year, beginning on June 30, 2011.
4    (f) Funding. The Department may accept on behalf of the
5Commission any federal funds or gifts and donations from
6individuals, private organizations, and foundations and any
7other funds that may become available.
8    (g) Rules. The Director may adopt rules to implement and
9administer this Section.
10    (h) Report. By January 10, 2015 and January 10 of each
11odd-numbered year thereafter, the Commission shall submit a
12report to the General Assembly containing the following:
13        (1) the financial impact and reach that diabetes of all
14    types is having on the State and the Department; this
15    assessment shall include the number of people with diabetes
16    impacted in this State or covered by the State Medicaid
17    program, the number of people with diabetes and family
18    members impacted by prevention and diabetes control
19    programs implemented by the Department, the financial toll
20    or impact diabetes and its complications places on the
21    Department's diabetes program, and the financial toll or
22    impact diabetes and its complications places on the
23    diabetes program in comparison to other chronic diseases
24    and conditions;
25        (2) an assessment of the benefits of implemented
26    programs and activities aimed at controlling diabetes and



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1    preventing the disease; this assessment shall also
2    document the amount and source for any funding directed to
3    the Department from the General Assembly for programs and
4    activities aimed at reaching those with diabetes;
5        (3) a description of the level of coordination that
6    exists between the Department and other entities on
7    activities, programs, and messaging on managing, treating,
8    or preventing all forms of diabetes and its complications;
9        (4) the development or revision of a detailed action
10    plan for battling diabetes with a range of actionable items
11    for consideration by the General Assembly; the plan shall
12    identify proposed action steps to reduce the impact of
13    diabetes, pre-diabetes, and related diabetes
14    complications; the plan shall also identify expected
15    outcomes of the action steps proposed for the 2 years
16    following the submission of the report while also
17    establishing benchmarks for controlling and preventing
18    relevant forms of diabetes; and
19        (5) the development of a detailed budget blueprint
20    identifying needs, costs, and resources required to
21    implement the plan identified in item (4) of this
22    subsection (h); this blueprint shall include a budget range
23    for all options presented in the plan identified in item
24    (4) of this subsection (h) for consideration by the General
25    Assembly.
26    The Department of Healthcare and Family Services shall



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1provide cooperation to the Department of Public Health to
2facilitate the implementation of this subsection (h).
3(Source: P.A. 98-97, eff. 1-1-14.)
4    (20 ILCS 2310/2310-676)
5    Sec. 2310-676. Advisory council on pediatric autoimmune
6neuropsychiatric disorder associated with streptococcal
7infections and pediatric acute neuropsychiatric syndrome.
8    (a) There is established an advisory council on pediatric
9autoimmune neuropsychiatric disorder associated with
10streptococcal infections and pediatric acute neuropsychiatric
11syndrome to advise the Director of Public Health on research,
12diagnosis, treatment, and education relating to the disorder
13and syndrome.
14    (b) The advisory council shall consist of the following
15members, who shall be appointed by the Director of Public
16Health within 60 days after the effective date of this
17amendatory Act of the 99th General Assembly:
18        (1) An immunologist licensed and practicing in this
19    State who has experience treating persons with pediatric
20    autoimmune neuropsychiatric disorder associated with
21    streptococcal infections and pediatric acute
22    neuropsychiatric syndrome and the use of intravenous
23    immunoglobulin.
24        (2) A health care provider licensed and practicing in
25    this State who has expertise in treating persons with



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1    pediatric autoimmune neuropsychiatric disorder associated
2    with streptococcal infections and pediatric acute
3    neuropsychiatric syndrome and autism.
4        (3) A representative of PANDAS/PANS Advocacy &
5    Support.
6        (4) An osteopathic physician licensed and practicing
7    in this State who has experience treating persons with
8    pediatric autoimmune neuropsychiatric disorder associated
9    with streptococcal infections and pediatric acute
10    neuropsychiatric syndrome.
11        (5) A medical researcher with experience conducting
12    research concerning pediatric autoimmune neuropsychiatric
13    disorder associated with streptococcal infections,
14    pediatric acute neuropsychiatric syndrome,
15    obsessive-compulsive disorder, tic disorder, and other
16    neurological disorders.
17        (6) A certified dietitian-nutritionist practicing in
18    this State who provides services to children with autism
19    spectrum disorder, attention-deficit hyperactivity
20    disorder, and other neuro-developmental conditions.
21        (7) A representative of a professional organization in
22    this State for school psychologists.
23        (8) A child psychiatrist who has experience treating
24    persons with pediatric autoimmune neuropsychiatric
25    disorder associated with streptococcal infections and
26    pediatric acute neuropsychiatric syndrome.



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1        (9) A representative of a professional organization in
2    this State for school nurses.
3        (10) A pediatrician who has experience treating
4    persons with pediatric autoimmune neuropsychiatric
5    disorder associated with streptococcal infections and
6    pediatric acute neuropsychiatric syndrome.
7        (11) A representative of an organization focused on
8    autism.
9        (12) A parent with a child who has been diagnosed with
10    pediatric autoimmune neuropsychiatric disorder associated
11    with streptococcal infections or pediatric acute
12    neuropsychiatric syndrome and autism.
13        (13) A social worker licensed and practicing in this
14    State.
15        (14) A representative of the Special Education
16    Services division of the State Board of Education.
17        (15) One member of the General Assembly appointed by
18    the Speaker of the House of Representatives.
19        (16) One member of the General Assembly appointed by
20    the President of the Senate.
21        (17) One member of the General Assembly appointed by
22    the Minority Leader of the House of Representatives.
23        (18) One member of the General Assembly appointed by
24    the Minority Leader of the Senate.
25        (19) A representative of a professional organization
26    in this State for physician assistants.



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1    (c) The Director of Public Health, or his or her designee,
2shall be an ex-officio, nonvoting member and shall attend all
3meetings of the advisory council. Any member of the advisory
4council appointed under this Section may be a member General
5Assembly. Members shall receive no compensation for their
7    (d) The Director of Public Health shall schedule the first
8meeting of the advisory council, which shall be held not later
9than 90 days after the effective date of this amendatory Act of
10the 99th General Assembly. A majority of the council members
11shall constitute a quorum. A majority vote of a quorum shall be
12required for any official action of the advisory council. The
13advisory council shall meet upon the call of the chairperson or
14upon the request of a majority of council members.
15    (e) Not later than January 1, 2017, and annually
16thereafter, the advisory council shall issue a report to the
17General Assembly with recommendations concerning:
18        (1) practice guidelines for the diagnosis and
19    treatment of the disorder and syndrome;
20        (2) mechanisms to increase clinical awareness and
21    education regarding the disorder and syndrome among
22    physicians, including pediatricians, school-based health
23    centers, and providers of mental health services;
24        (3) outreach to educators and parents to increase
25    awareness of the disorder and syndrome; and
26        (4) development of a network of volunteer experts on



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1    the diagnosis and treatment of the disorder and syndrome to
2    assist in education and outreach.
3(Source: P.A. 99-320, eff. 8-7-15.)
4    (20 ILCS 2310/2310-690)
5    Sec. 2310-690 2310-685. Cytomegalovirus public education.
6    (a) In this Section:
7        "CMV" means cytomegalovirus.
8        "Health care provider" means any physician, physician
9    assistant, hospital facility, or other person that is
10    licensed or otherwise authorized to deliver health care
11    services.
12    (b) The Department shall develop or approve and publish
13informational materials for women who may become pregnant,
14expectant parents, and parents of infants regarding:
15        (1) the incidence of CMV;
16        (2) the transmission of CMV to pregnant women and women
17    who may become pregnant;
18        (3) birth defects caused by congenital CMV;
19        (4) methods of diagnosing congenital CMV; and
20        (5) available preventive measures to avoid the
21    infection of women who are pregnant or may become pregnant.
22    (c) The Department shall publish the information required
23under subsection (b) on its Internet website.
24    (d) The Department shall publish information to:
25        (1) educate women who may become pregnant, expectant



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1    parents, and parents of infants about CMV; and
2        (2) raise awareness of CMV among health care providers
3    who provide care to expectant mothers or infants.
4    (e) The Department may solicit and accept the assistance of
5any relevant medical associations or community resources,
6including faith-based resources, to promote education about
7CMV under this Section.
8    (f) If a newborn infant fails the 2 initial hearing
9screenings in the hospital, then the hospital performing that
10screening shall provide to the parents of the newborn infant
11information regarding: (i) birth defects caused by congenital
12CMV; (ii) testing opportunities and options for CMV, including
13the opportunity to test for CMV before leaving the hospital;
14and (iii) early intervention services. Health care providers
15may use the materials developed by the Department for
16distribution to parents of newborn infants.
17(Source: P.A. 99-424, eff. 1-1-16; revised 9-28-15.)
18    Section 85. The Comprehensive Healthcare Workforce
19Planning Act is amended by changing Section 15 as follows:
20    (20 ILCS 2325/15)
21    Sec. 15. Members.
22    (a) The following 10 persons or their designees shall be
23members of the Council: the Director of the Department; a
24representative of the Governor's Office; the Secretary of Human



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1Services; the Directors of the Departments of Commerce and
2Economic Opportunity, Employment Security, Financial and
3Professional Regulation, and Healthcare and Family Services;
4and the Executive Director of the Board of Higher Education,
5the Executive Director of the Illinois Community College Board,
6and the State Superintendent of Education.
7    (b) The Governor shall appoint 9 8 additional members, who
8shall be healthcare workforce experts, including
9representatives of practicing physicians, nurses, pharmacists,
10and dentists, physician assistants, State and local health
11professions organizations, schools of medicine and osteopathy,
12nursing, dental, physician assistants, allied health, and
13public health; public and private teaching hospitals; health
14insurers, business; and labor. The Speaker of the Illinois
15House of Representatives, the President of the Illinois Senate,
16the Minority Leader of the Illinois House of Representatives,
17and the Minority Leader of the Illinois Senate may each appoint
182 representatives to the Council. Members appointed under this
19subsection (b) shall serve 4-year terms and may be reappointed.
20    (c) The Director of the Department shall serve as Chair of
21the Council. The Governor shall appoint a healthcare workforce
22expert from the non-governmental sector to serve as Vice-Chair.
23(Source: P.A. 97-424, eff. 7-1-12; 98-719, eff. 1-1-15.)
24    Section 90. The Community Health Worker Advisory Board Act
25is amended by changing Section 10 as follows:



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



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1        (8) (7) one member who is a licensed social worker,
2    counselor, or psychologist;
3        (9) (8) one member who currently employs community
4    health workers;
5        (10) (9) one member who is a health policy advisor with
6    experience in health workforce policy;
7        (11) (10) one member who is a public health
8    professional with experience with community health policy;
9    and
10        (12) (11) one representative of a community college,
11    university, or educational institution that provides
12    training to community health workers.
13    (b) In addition, the following persons or their designees
14shall serve as ex officio, non-voting members of the Board: the
15Executive Director of the Illinois Community College Board, the
16Director of Children and Family Services, the Director of
17Aging, the Director of Public Health, the Director of
18Employment Security, the Director of Commerce and Economic
19Opportunity, the Secretary of Financial and Professional
20Regulation, the Director of Healthcare and Family Services, and
21the Secretary of Human Services.
22    (c) The voting members of the Board shall select a
23chairperson from the voting members of the Board. The Board
24shall consult with additional experts as needed. Members of the
25Board shall serve without compensation. The Department shall
26provide administrative and staff support to the Board. The



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1meetings of the Board are subject to the provisions of the Open
2Meetings Act.
3    (d) The Board shall consider the core competencies of a
4community health worker, including skills and areas of
5knowledge that are essential to bringing about expanded health
6and wellness in diverse communities and reducing health
7disparities. As relating to members of communities and health
8teams, the core competencies for effective community health
9workers may include, but are not limited to:
10        (1) outreach methods and strategies;
11        (2) client and community assessment;
12        (3) effective community-based and participatory
13    methods, including research;
14        (4) culturally competent communication and care;
15        (5) health education for behavior change;
16        (6) support, advocacy, and health system navigation
17    for clients;
18        (7) application of public health concepts and
19    approaches;
20        (8) individual and community capacity building and
21    mobilization; and
22        (9) writing, oral, technical, and communication
23    skills.
24(Source: P.A. 98-796, eff. 7-31-14.)
25    Section 95. The Narcotic Control Division Abolition Act is



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1amended by changing Section 3 as follows:
2    (20 ILCS 2620/3)  (from Ch. 127, par. 55f)
3    Sec. 3. The Director may, in conformity with the Personnel
4Code, employ such inspectors, physicians, physician
5assistants, pharmacists, chemists, clerical and other
6employees as are necessary to carry out the duties of the
8(Source: P.A. 76-442.)
9    Section 100. The Illinois Housing Development Act is
10amended by changing Section 7.30 as follows:
11    (20 ILCS 3805/7.30)
12    Sec. 7.30. Foreclosure Prevention Program.
13    (a) The Authority shall establish and administer a
14Foreclosure Prevention Program. The Authority shall use moneys
15in the Foreclosure Prevention Program Fund, and any other funds
16appropriated for this purpose, to make grants to (i) approved
17counseling agencies for approved housing counseling and (ii)
18approved community-based organizations for approved
19foreclosure prevention outreach programs. The Authority shall
20promulgate rules to implement this Program and may adopt
21emergency rules as soon as practicable to begin implementation
22of the Program.
23    (b) Subject to appropriation and the annual receipt of



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



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



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



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1confined to his or her home due to a medical condition, as
2verified in writing by a physician or physician assistant, or
3the borrower resides 50 miles or more from the nearest approved
4counseling agency. In instances of telephone counseling, the
5borrower must supply all necessary documents to the counselor
6at least 72 hours prior to the scheduled telephone counseling
8    (c) (Blank).
9    (c-5) Where the jurisdiction of an approved counseling
10agency is included within more than one of the geographic areas
11set forth in this Section, the Authority may elect to fully
12fund the applicant from one of the relevant geographic areas.
13(Source: P.A. 97-1164, eff. 6-1-13; 98-20, eff. 6-11-13.)
14    Section 105. The Illinois Health Information Exchange and
15Technology Act is amended by changing Section 15 as follows:
16    (20 ILCS 3860/15)
17    (Section scheduled to be repealed on January 1, 2021)
18    Sec. 15. Governance of the Illinois Health Information
19Exchange Authority.
20    (a) The Authority shall consist of and be governed by one
21Executive Director and 8 directors who are hereby authorized to
22carry out the provisions of this Act and to exercise the powers
23conferred under this Act.
24    (b) The Executive Director and 8 directors shall be



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1appointed to 3-year staggered terms by the Governor with the
2advice and consent of the Senate. Of the members first
3appointed after the effective date of this Act, 3 shall be
4appointed for a term of one year, 3 shall be appointed for a
5term of 2 years, and 3 shall be appointed for a term of 3 years.
6The Executive Director and directors may serve successive terms
7and, in the event the term of the Executive Director or a
8director expires, he or she shall serve in the expired term
9until a new Executive Director or director is appointed and
10qualified. Vacancies shall be filled for the unexpired term in
11the same manner as original appointments. The Governor may
12remove a director or the Executive Director for incompetency,
13dereliction of duty, malfeasance, misfeasance, or nonfeasance
14in office or any other good cause. The Executive Director shall
15be compensated at an annual salary of 75% of the salary of the
17    (c) The Executive Director and directors shall be chosen
18with due regard to broad geographic representation and shall be
19representative of a broad spectrum of health care providers and
20stakeholders, including representatives from any of the
21following fields or groups: health care consumers, consumer
22advocates, physicians, physician assistants, nurses,
23hospitals, federally qualified health centers as defined in
24Section 1905(l)(2)(B) of the Social Security Act and any
25subsequent amendments thereto, health plans or third-party
26payors, employers, long-term care providers, pharmacists,



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1State and local public health entities, outpatient diagnostic
2service providers, behavioral health providers, home health
3agency organizations, health professional schools in Illinois,
4health information technology, or health information research.
5    (d) The directors of the Illinois Department of Healthcare
6and Family Services, the Illinois Department of Public Health,
7and the Illinois Department of Insurance and the Secretary of
8the Illinois Department of Human Services, or their designees,
9and a designee of the Office of the Governor, shall serve as
10ex-officio members of the Authority.
11    (e) The Authority is authorized to conduct its business by
12a majority of the appointed members. The Authority may adopt
13bylaws in order to conduct meetings. The bylaws may permit the
14Authority to meet by telecommunication or electronic
16    (f) The Authority shall appoint an Illinois Health
17Information Exchange Authority Advisory Committee ("Advisory
18Committee") with representation from any of the fields or
19groups listed in subsection (c) of this Section. The purpose of
20the Advisory Committee shall be to advise and provide
21recommendations to the Authority regarding the ILHIE. The
22Advisory Committee members shall serve 2-year terms. The
23Authority may establish other advisory committees and
24subcommittees to conduct the business of the Authority.
25    (g) Directors of the Authority, members of the Advisory
26Committee, and any other advisory committee and subcommittee



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1members may be reimbursed for ordinary and contingent travel
2and meeting expenses for their service at the rate approved for
3State employee travel.
4(Source: P.A. 96-1331, eff. 7-27-10.)
5    Section 110. The Property Tax Code is amended by changing
6Sections 15-168 and 15-172 as follows:
7    (35 ILCS 200/15-168)
8    Sec. 15-168. Homestead exemption for persons with
10    (a) Beginning with taxable year 2007, an annual homestead
11exemption is granted to persons with disabilities in the amount
12of $2,000, except as provided in subsection (c), to be deducted
13from the property's value as equalized or assessed by the
14Department of Revenue. The person with a disability shall
15receive the homestead exemption upon meeting the following
17        (1) The property must be occupied as the primary
18    residence by the person with a disability.
19        (2) The person with a disability must be liable for
20    paying the real estate taxes on the property.
21        (3) The person with a disability must be an owner of
22    record of the property or have a legal or equitable
23    interest in the property as evidenced by a written
24    instrument. In the case of a leasehold interest in



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



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



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1    apportioned property taxes on the property of the
2    cooperative or life care facility. In the case of a life
3    care facility, the person with a disability must be liable
4    for paying the apportioned property taxes under a life care
5    contract as defined in Section 2 of the Life Care
6    Facilities Act.
7        (3) The person with a disability must be an owner of
8    record of a legal or equitable interest in the cooperative
9    apartment building. A leasehold interest does not meet this
10    requirement.
11If a homestead exemption is granted under this subsection, the
12cooperative association or management firm shall credit the
13savings resulting from the exemption to the apportioned tax
14liability of the qualifying person with a disability. The chief
15county assessment officer may request reasonable proof that the
16association or firm has properly credited the exemption. A
17person who willfully refuses to credit an exemption to the
18qualified person with a disability is guilty of a Class B
20    (d) The chief county assessment officer shall determine the
21eligibility of property to receive the homestead exemption
22according to guidelines established by the Department. After a
23person has received an exemption under this Section, an annual
24verification of eligibility for the exemption shall be mailed
25to the taxpayer.
26    In counties with fewer than 3,000,000 inhabitants, the



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1chief county assessment officer shall provide to each person
2granted a homestead exemption under this Section a form to
3designate any other person to receive a duplicate of any notice
4of delinquency in the payment of taxes assessed and levied
5under this Code on the person's qualifying property. The
6duplicate notice shall be in addition to the notice required to
7be provided to the person receiving the exemption and shall be
8given in the manner required by this Code. The person filing
9the request for the duplicate notice shall pay an
10administrative fee of $5 to the chief county assessment
11officer. The assessment officer shall then file the executed
12designation with the county collector, who shall issue the
13duplicate notices as indicated by the designation. A
14designation may be rescinded by the person with a disability in
15the manner required by the chief county assessment officer.
16    (e) A taxpayer who claims an exemption under Section 15-165
17or 15-169 may not claim an exemption under this Section.
18(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
1999-180, eff. 7-29-15; revised 10-20-15.)
20    (35 ILCS 200/15-172)
21    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
23    (a) This Section may be cited as the Senior Citizens
24Assessment Freeze Homestead Exemption.
25    (b) As used in this Section:



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1    "Applicant" means an individual who has filed an
2application under this Section.
3    "Base amount" means the base year equalized assessed value
4of the residence plus the first year's equalized assessed value
5of any added improvements which increased the assessed value of
6the residence after the base year.
7    "Base year" means the taxable year prior to the taxable
8year for which the applicant first qualifies and applies for
9the exemption provided that in the prior taxable year the
10property was improved with a permanent structure that was
11occupied as a residence by the applicant who was liable for
12paying real property taxes on the property and who was either
13(i) an owner of record of the property or had legal or
14equitable interest in the property as evidenced by a written
15instrument or (ii) had a legal or equitable interest as a
16lessee in the parcel of property that was single family
17residence. If in any subsequent taxable year for which the
18applicant applies and qualifies for the exemption the equalized
19assessed value of the residence is less than the equalized
20assessed value in the existing base year (provided that such
21equalized assessed value is not based on an assessed value that
22results from a temporary irregularity in the property that
23reduces the assessed value for one or more taxable years), then
24that subsequent taxable year shall become the base year until a
25new base year is established under the terms of this paragraph.
26For taxable year 1999 only, the Chief County Assessment Officer



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1shall review (i) all taxable years for which the applicant
2applied and qualified for the exemption and (ii) the existing
3base year. The assessment officer shall select as the new base
4year the year with the lowest equalized assessed value. An
5equalized assessed value that is based on an assessed value
6that results from a temporary irregularity in the property that
7reduces the assessed value for one or more taxable years shall
8not be considered the lowest equalized assessed value. The
9selected year shall be the base year for taxable year 1999 and
10thereafter until a new base year is established under the terms
11of this paragraph.
12    "Chief County Assessment Officer" means the County
13Assessor or Supervisor of Assessments of the county in which
14the property is located.
15    "Equalized assessed value" means the assessed value as
16equalized by the Illinois Department of Revenue.
17    "Household" means the applicant, the spouse of the
18applicant, and all persons using the residence of the applicant
19as their principal place of residence.
20    "Household income" means the combined income of the members
21of a household for the calendar year preceding the taxable
23    "Income" has the same meaning as provided in Section 3.07
24of the Senior Citizens and Persons with Disabilities Property
25Tax Relief Act, except that, beginning in assessment year 2001,
26"income" does not include veteran's benefits.



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1    "Internal Revenue Code of 1986" means the United States
2Internal Revenue Code of 1986 or any successor law or laws
3relating to federal income taxes in effect for the year
4preceding the taxable year.
5    "Life care facility that qualifies as a cooperative" means
6a facility as defined in Section 2 of the Life Care Facilities
8    "Maximum income limitation" means:
9        (1) $35,000 prior to taxable year 1999;
10        (2) $40,000 in taxable years 1999 through 2003;
11        (3) $45,000 in taxable years 2004 through 2005;
12        (4) $50,000 in taxable years 2006 and 2007; and
13        (5) $55,000 in taxable year 2008 and thereafter.
14    "Residence" means the principal dwelling place and
15appurtenant structures used for residential purposes in this
16State occupied on January 1 of the taxable year by a household
17and so much of the surrounding land, constituting the parcel
18upon which the dwelling place is situated, as is used for
19residential purposes. If the Chief County Assessment Officer
20has established a specific legal description for a portion of
21property constituting the residence, then that portion of
22property shall be deemed the residence for the purposes of this
24    "Taxable year" means the calendar year during which ad
25valorem property taxes payable in the next succeeding year are



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1    (c) Beginning in taxable year 1994, a senior citizens
2assessment freeze homestead exemption is granted for real
3property that is improved with a permanent structure that is
4occupied as a residence by an applicant who (i) is 65 years of
5age or older during the taxable year, (ii) has a household
6income that does not exceed the maximum income limitation,
7(iii) is liable for paying real property taxes on the property,
8and (iv) is an owner of record of the property or has a legal or
9equitable interest in the property as evidenced by a written
10instrument. This homestead exemption shall also apply to a
11leasehold interest in a parcel of property improved with a
12permanent structure that is a single family residence that is
13occupied as a residence by a person who (i) is 65 years of age
14or older during the taxable year, (ii) has a household income
15that does not exceed the maximum income limitation, (iii) has a
16legal or equitable ownership interest in the property as
17lessee, and (iv) is liable for the payment of real property
18taxes on that property.
19    In counties of 3,000,000 or more inhabitants, the amount of
20the exemption for all taxable years is the equalized assessed
21value of the residence in the taxable year for which
22application is made minus the base amount. In all other
23counties, the amount of the exemption is as follows: (i)
24through taxable year 2005 and for taxable year 2007 and
25thereafter, the amount of this exemption shall be the equalized
26assessed value of the residence in the taxable year for which



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1application is made minus the base amount; and (ii) for taxable
2year 2006, the amount of the exemption is as follows:
3        (1) For an applicant who has a household income of
4    $45,000 or less, the amount of the exemption is the
5    equalized assessed value of the residence in the taxable
6    year for which application is made minus the base amount.
7        (2) For an applicant who has a household income
8    exceeding $45,000 but not exceeding $46,250, the amount of
9    the exemption is (i) the equalized assessed value of the
10    residence in the taxable year for which application is made
11    minus the base amount (ii) multiplied by 0.8.
12        (3) For an applicant who has a household income
13    exceeding $46,250 but not exceeding $47,500, the amount of
14    the exemption is (i) the equalized assessed value of the
15    residence in the taxable year for which application is made
16    minus the base amount (ii) multiplied by 0.6.
17        (4) For an applicant who has a household income
18    exceeding $47,500 but not exceeding $48,750, the amount of
19    the exemption is (i) the equalized assessed value of the
20    residence in the taxable year for which application is made
21    minus the base amount (ii) multiplied by 0.4.
22        (5) For an applicant who has a household income
23    exceeding $48,750 but not exceeding $50,000, the amount of
24    the exemption is (i) the equalized assessed value of the
25    residence in the taxable year for which application is made
26    minus the base amount (ii) multiplied by 0.2.



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



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



HB5947- 166 -LRB099 17179 AMC 45030 b

1    For taxable year 1994 only, in counties having less than
23,000,000 inhabitants, to receive the exemption, a person shall
3submit an application by February 15, 1995 to the Chief County
4Assessment Officer of the county in which the property is
5located. In counties having 3,000,000 or more inhabitants, for
6taxable year 1994 and all subsequent taxable years, to receive
7the exemption, a person may submit an application to the Chief
8County Assessment Officer of the county in which the property
9is located during such period as may be specified by the Chief
10County Assessment Officer. The Chief County Assessment Officer
11in counties of 3,000,000 or more inhabitants shall annually
12give notice of the application period by mail or by
13publication. In counties having less than 3,000,000
14inhabitants, beginning with taxable year 1995 and thereafter,
15to receive the exemption, a person shall submit an application
16by July 1 of each taxable year to the Chief County Assessment
17Officer of the county in which the property is located. A
18county may, by ordinance, establish a date for submission of
19applications that is different than July 1. The applicant shall
20submit with the application an affidavit of the applicant's
21total household income, age, marital status (and if married the
22name and address of the applicant's spouse, if known), and
23principal dwelling place of members of the household on January
241 of the taxable year. The Department shall establish, by rule,
25a method for verifying the accuracy of affidavits filed by
26applicants under this Section, and the Chief County Assessment



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1Officer may conduct audits of any taxpayer claiming an
2exemption under this Section to verify that the taxpayer is
3eligible to receive the exemption. Each application shall
4contain or be verified by a written declaration that it is made
5under the penalties of perjury. A taxpayer's signing a
6fraudulent application under this Act is perjury, as defined in
7Section 32-2 of the Criminal Code of 2012. The applications
8shall be clearly marked as applications for the Senior Citizens
9Assessment Freeze Homestead Exemption and must contain a notice
10that any taxpayer who receives the exemption is subject to an
11audit by the Chief County Assessment Officer.
12    Notwithstanding any other provision to the contrary, in
13counties having fewer than 3,000,000 inhabitants, if an
14applicant fails to file the application required by this
15Section in a timely manner and this failure to file is due to a
16mental or physical condition sufficiently severe so as to
17render the applicant incapable of filing the application in a
18timely manner, the Chief County Assessment Officer may extend
19the filing deadline for a period of 30 days after the applicant
20regains the capability to file the application, but in no case
21may the filing deadline be extended beyond 3 months of the
22original filing deadline. In order to receive the extension
23provided in this paragraph, the applicant shall provide the
24Chief County Assessment Officer with a signed statement from
25the applicant's physician or physician assistant stating the
26nature and extent of the condition, that, in the physician's or



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1physician assistant's opinion, the condition was so severe that
2it rendered the applicant incapable of filing the application
3in a timely manner, and the date on which the applicant
4regained the capability to file the application.
5    Beginning January 1, 1998, notwithstanding any other
6provision to the contrary, in counties having fewer than
73,000,000 inhabitants, if an applicant fails to file the
8application required by this Section in a timely manner and
9this failure to file is due to a mental or physical condition
10sufficiently severe so as to render the applicant incapable of
11filing the application in a timely manner, the Chief County
12Assessment Officer may extend the filing deadline for a period
13of 3 months. In order to receive the extension provided in this
14paragraph, the applicant shall provide the Chief County
15Assessment Officer with a signed statement from the applicant's
16physician or physician assistant stating the nature and extent
17of the condition, and that, in the physician's or physician
18assistant's opinion, the condition was so severe that it
19rendered the applicant incapable of filing the application in a
20timely manner.
21    In counties having less than 3,000,000 inhabitants, if an
22applicant was denied an exemption in taxable year 1994 and the
23denial occurred due to an error on the part of an assessment
24official, or his or her agent or employee, then beginning in
25taxable year 1997 the applicant's base year, for purposes of
26determining the amount of the exemption, shall be 1993 rather



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1than 1994. In addition, in taxable year 1997, the applicant's
2exemption shall also include an amount equal to (i) the amount
3of any exemption denied to the applicant in taxable year 1995
4as a result of using 1994, rather than 1993, as the base year,
5(ii) the amount of any exemption denied to the applicant in
6taxable year 1996 as a result of using 1994, rather than 1993,
7as the base year, and (iii) the amount of the exemption
8erroneously denied for taxable year 1994.
9    For purposes of this Section, a person who will be 65 years
10of age during the current taxable year shall be eligible to
11apply for the homestead exemption during that taxable year.
12Application shall be made during the application period in
13effect for the county of his or her residence.
14    The Chief County Assessment Officer may determine the
15eligibility of a life care facility that qualifies as a
16cooperative to receive the benefits provided by this Section by
17use of an affidavit, application, visual inspection,
18questionnaire, or other reasonable method in order to insure
19that the tax savings resulting from the exemption are credited
20by the management firm to the apportioned tax liability of each
21qualifying resident. The Chief County Assessment Officer may
22request reasonable proof that the management firm has so
23credited that exemption.
24    Except as provided in this Section, all information
25received by the chief county assessment officer or the
26Department from applications filed under this Section, or from



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



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1(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
299-180, eff. 7-29-15; revised 10-21-15.)
3    Section 115. The Missing Persons Identification Act is
4amended by changing Section 5 as follows:
5    (50 ILCS 722/5)
6    Sec. 5. Missing person reports.
7    (a) Report acceptance. All law enforcement agencies shall
8accept without delay any report of a missing person. Acceptance
9of a missing person report filed in person may not be refused
10on any ground. No law enforcement agency may refuse to accept a
11missing person report:
12        (1) on the basis that the missing person is an adult;
13        (2) on the basis that the circumstances do not indicate
14    foul play;
15        (3) on the basis that the person has been missing for a
16    short period of time;
17        (4) on the basis that the person has been missing a
18    long period of time;
19        (5) on the basis that there is no indication that the
20    missing person was in the jurisdiction served by the law
21    enforcement agency at the time of the disappearance;
22        (6) on the basis that the circumstances suggest that
23    the disappearance may be voluntary;
24        (7) on the basis that the reporting individual does not



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1    have personal knowledge of the facts;
2        (8) on the basis that the reporting individual cannot
3    provide all of the information requested by the law
4    enforcement agency;
5        (9) on the basis that the reporting individual lacks a
6    familial or other relationship with the missing person;
7        (9-5) on the basis of the missing person's mental state
8    or medical condition; or
9        (10) for any other reason.
10    (b) Manner of reporting. All law enforcement agencies shall
11accept missing person reports in person. Law enforcement
12agencies are encouraged to accept reports by phone or by
13electronic or other media to the extent that such reporting is
14consistent with law enforcement policies or practices.
15    (c) Contents of report. In accepting a report of a missing
16person, the law enforcement agency shall attempt to gather
17relevant information relating to the disappearance. The law
18enforcement agency shall attempt to gather at the time of the
19report information that shall include, but shall not be limited
20to, the following:
21        (1) the name of the missing person, including
22    alternative names used;
23        (2) the missing person's date of birth;
24        (3) the missing person's identifying marks, such as
25    birthmarks, moles, tattoos, and scars;
26        (4) the missing person's height and weight;



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1        (5) the missing person's gender;
2        (6) the missing person's race;
3        (7) the missing person's current hair color and true or
4    natural hair color;
5        (8) the missing person's eye color;
6        (9) the missing person's prosthetics, surgical
7    implants, or cosmetic implants;
8        (10) the missing person's physical anomalies;
9        (11) the missing person's blood type, if known;
10        (12) the missing person's driver's license number, if
11    known;
12        (13) the missing person's social security number, if
13    known;
14        (14) a photograph of the missing person; recent
15    photographs are preferable and the agency is encouraged to
16    attempt to ascertain the approximate date the photograph
17    was taken;
18        (15) a description of the clothing the missing person
19    was believed to be wearing;
20        (16) a description of items that might be with the
21    missing person, such as jewelry, accessories, and shoes or
22    boots;
23        (17) information on the missing person's electronic
24    communications devices, such as cellular telephone numbers
25    and e-mail addresses;
26        (18) the reasons why the reporting individual believes



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1    that the person is missing;
2        (19) the name and location of the missing person's
3    school or employer, if known;
4        (20) the name and location of the missing person's
5    dentist or primary care provider physician, or both, if
6    known;
7        (21) any circumstances that may indicate that the
8    disappearance was not voluntary;
9        (22) any circumstances that may indicate that the
10    missing person may be at risk of injury or death;
11        (23) a description of the possible means of
12    transportation of the missing person, including make,
13    model, color, license number, and Vehicle Identification
14    Number of a vehicle;
15        (24) any identifying information about a known or
16    possible abductor or person last seen with the missing
17    person, or both, including:
18            (A) name;
19            (B) a physical description;
20            (C) date of birth;
21            (D) identifying marks;
22            (E) the description of possible means of
23        transportation, including make, model, color, license
24        number, and Vehicle Identification Number of a
25        vehicle;
26            (F) known associates;



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1        (25) any other information that may aid in locating the
2    missing person; and
3        (26) the date of last contact.
4    (d) Notification and follow up action.
5        (1) Notification. The law enforcement agency shall
6    notify the person making the report, a family member, or
7    other person in a position to assist the law enforcement
8    agency in its efforts to locate the missing person of the
9    following:
10            (A) general information about the handling of the
11        missing person case or about intended efforts in the
12        case to the extent that the law enforcement agency
13        determines that disclosure would not adversely affect
14        its ability to locate or protect the missing person or
15        to apprehend or prosecute any person criminally
16        involved in the disappearance;
17            (B) that the person should promptly contact the law
18        enforcement agency if the missing person remains
19        missing in order to provide additional information and
20        materials that will aid in locating the missing person
21        such as the missing person's credit cards, debit cards,
22        banking information, and cellular telephone records;
23        and
24            (C) that any DNA samples provided for the missing
25        person case are provided on a voluntary basis and will
26        be used solely to help locate or identify the missing



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1        person and will not be used for any other purpose.
2        The law enforcement agency, upon acceptance of a
3    missing person report, shall inform the reporting citizen
4    of one of 2 resources, based upon the age of the missing
5    person. If the missing person is under 18 years of age,
6    contact information for the National Center for Missing and
7    Exploited Children shall be given. If the missing person is
8    age 18 or older, contact information for the National
9    Center for Missing Adults shall be given.
10        Agencies handling the remains of a missing person who
11    is deceased must notify the agency handling the missing
12    person's case. Documented efforts must be made to locate
13    family members of the deceased person to inform them of the
14    death and location of the remains of their family member.
15        The law enforcement agency is encouraged to make
16    available informational materials, through publications or
17    electronic or other media, that advise the public about how
18    the information or materials identified in this subsection
19    are used to help locate or identify missing persons.
20        (2) Follow up action. If the person identified in the
21    missing person report remains missing after 30 days, and
22    the additional information and materials specified below
23    have not been received, the law enforcement agency shall
24    attempt to obtain:
25            (A) DNA samples from family members or from the
26        missing person along with any needed documentation, or



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1        both, including any consent forms, required for the use
2        of State or federal DNA databases, including, but not
3        limited to, the Local DNA Index System (LDIS), State
4        DNA Index System (SDIS), and National DNA Index System
5        (NDIS);
6            (B) an authorization to release dental or skeletal
7        x-rays of the missing person;
8            (C) any additional photographs of the missing
9        person that may aid the investigation or an
10        identification; the law enforcement agency is not
11        required to obtain written authorization before it
12        releases publicly any photograph that would aid in the
13        investigation or identification of the missing person;
14            (D) dental information and x-rays; and
15            (E) fingerprints.
16        (3) All DNA samples obtained in missing person cases
17    shall be immediately forwarded to the Department of State
18    Police for analysis. The Department of State Police shall
19    establish procedures for determining how to prioritize
20    analysis of the samples relating to missing person cases.
21        (4) This subsection shall not be interpreted to
22    preclude a law enforcement agency from attempting to obtain
23    the materials identified in this subsection before the
24    expiration of the 30-day period.
25(Source: P.A. 99-244, eff. 1-1-16.)



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1    Section 120. The Counties Code is amended by changing
2Sections 3-3013, 3-14049, 3-15003.6, 5-1069, 5-20002, 5-21001,
35-23007, 5-23019, 5-24002, 5-25012, and 5-25019 as follows:
4    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
5    Sec. 3-3013. Preliminary investigations; blood and urine
6analysis; summoning jury; reports. Every coroner, whenever, as
7soon as he knows or is informed that the dead body of any
8person is found, or lying within his county, whose death is
9suspected of being:
10        (a) A sudden or violent death, whether apparently
11    suicidal, homicidal or accidental, including but not
12    limited to deaths apparently caused or contributed to by
13    thermal, traumatic, chemical, electrical or radiational
14    injury, or a complication of any of them, or by drowning or
15    suffocation, or as a result of domestic violence as defined
16    in the Illinois Domestic Violence Act of 1986;
17        (b) A maternal or fetal death due to abortion, or any
18    death due to a sex crime or a crime against nature;
19        (c) A death where the circumstances are suspicious,
20    obscure, mysterious or otherwise unexplained or where, in
21    the written opinion of the attending physician or physician
22    assistant, the cause of death is not determined;
23        (d) A death where addiction to alcohol or to any drug
24    may have been a contributory cause; or
25        (e) A death where the decedent was not attended by a



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1    licensed physician or physician assistant;
2shall go to the place where the dead body is, and take charge
3of the same and shall make a preliminary investigation into the
4circumstances of the death. In the case of death without
5attendance by a licensed physician or physician assistant, the
6body may be moved with the coroner's consent from the place of
7death to a mortuary in the same county. Coroners in their
8discretion shall notify such physician as is designated in
9accordance with Section 3-3014 to attempt to ascertain the
10cause of death, either by autopsy or otherwise.
11    In cases of accidental death involving a motor vehicle in
12which the decedent was (1) the operator or a suspected operator
13of a motor vehicle, or (2) a pedestrian 16 years of age or
14older, the coroner shall require that a blood specimen of at
15least 30 cc., and if medically possible a urine specimen of at
16least 30 cc. or as much as possible up to 30 cc., be withdrawn
17from the body of the decedent in a timely fashion after the
18accident causing his death, by such physician or physician
19assistant as has been designated in accordance with Section
203-3014, or by the coroner or deputy coroner or a qualified
21person designated by such physician or physician assistant,
22coroner, or deputy coroner. If the county does not maintain
23laboratory facilities for making such analysis, the blood and
24urine so drawn shall be sent to the Department of State Police
25or any other accredited or State-certified laboratory for
26analysis of the alcohol, carbon monoxide, and dangerous or



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1narcotic drug content of such blood and urine specimens. Each
2specimen submitted shall be accompanied by pertinent
3information concerning the decedent upon a form prescribed by
4such laboratory. Any person drawing blood and urine and any
5person making any examination of the blood and urine under the
6terms of this Division shall be immune from all liability,
7civil or criminal, that might otherwise be incurred or imposed.
8    In all other cases coming within the jurisdiction of the
9coroner and referred to in subparagraphs (a) through (e) above,
10blood, and whenever possible, urine samples shall be analyzed
11for the presence of alcohol and other drugs. When the coroner
12suspects that drugs may have been involved in the death, either
13directly or indirectly, a toxicological examination shall be
14performed which may include analyses of blood, urine, bile,
15gastric contents and other tissues. When the coroner suspects a
16death is due to toxic substances, other than drugs, the coroner
17shall consult with the toxicologist prior to collection of
18samples. Information submitted to the toxicologist shall
19include information as to height, weight, age, sex and race of
20the decedent as well as medical history, medications used by
21and the manner of death of decedent.
22    When the coroner or medical examiner finds that the cause
23of death is due to homicidal means, the coroner or medical
24examiner shall cause blood and buccal specimens (tissue may be
25submitted if no uncontaminated blood or buccal specimen can be
26obtained), whenever possible, to be withdrawn from the body of



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1the decedent in a timely fashion. For proper preservation of
2the specimens, collected blood and buccal specimens shall be
3dried and tissue specimens shall be frozen if available
4equipment exists. As soon as possible, but no later than 30
5days after the collection of the specimens, the coroner or
6medical examiner shall release those specimens to the police
7agency responsible for investigating the death. As soon as
8possible, but no later than 30 days after the receipt from the
9coroner or medical examiner, the police agency shall submit the
10specimens using the agency case number to a National DNA Index
11System (NDIS) participating laboratory within this State, such
12as the Illinois Department of State Police, Division of
13Forensic Services, for analysis and categorizing into genetic
14marker groupings. The results of the analysis and categorizing
15into genetic marker groupings shall be provided to the Illinois
16Department of State Police and shall be maintained by the
17Illinois Department of State Police in the State central
18repository in the same manner, and subject to the same
19conditions, as provided in Section 5-4-3 of the Unified Code of
20Corrections. The requirements of this paragraph are in addition
21to any other findings, specimens, or information that the
22coroner or medical examiner is required to provide during the
23conduct of a criminal investigation.
24    In all counties, in cases of apparent suicide, homicide, or
25accidental death or in other cases, within the discretion of
26the coroner, the coroner may summon 8 persons of lawful age



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1from those persons drawn for petit jurors in the county. The
2summons shall command these persons to present themselves
3personally at such a place and time as the coroner shall
4determine, and may be in any form which the coroner shall
5determine and may incorporate any reasonable form of request
6for acknowledgement which the coroner deems practical and
7provides a reliable proof of service. The summons may be served
8by first class mail. From the 8 persons so summoned, the
9coroner shall select 6 to serve as the jury for the inquest.
10Inquests may be continued from time to time, as the coroner may
11deem necessary. The 6 jurors selected in a given case may view
12the body of the deceased. If at any continuation of an inquest
13one or more of the original jurors shall be unable to continue
14to serve, the coroner shall fill the vacancy or vacancies. A
15juror serving pursuant to this paragraph shall receive
16compensation from the county at the same rate as the rate of
17compensation that is paid to petit or grand jurors in the
18county. The coroner shall furnish to each juror without fee at
19the time of his discharge a certificate of the number of days
20in attendance at an inquest, and, upon being presented with
21such certificate, the county treasurer shall pay to the juror
22the sum provided for his services.
23    In counties which have a jury commission, in cases of
24apparent suicide or homicide or of accidental death, the
25coroner may conduct an inquest. The jury commission shall
26provide at least 8 jurors to the coroner, from whom the coroner



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1shall select any 6 to serve as the jury for the inquest.
2Inquests may be continued from time to time as the coroner may
3deem necessary. The 6 jurors originally chosen in a given case
4may view the body of the deceased. If at any continuation of an
5inquest one or more of the 6 jurors originally chosen shall be
6unable to continue to serve, the coroner shall fill the vacancy
7or vacancies. At the coroner's discretion, additional jurors to
8fill such vacancies shall be supplied by the jury commission. A
9juror serving pursuant to this paragraph in such county shall
10receive compensation from the county at the same rate as the
11rate of compensation that is paid to petit or grand jurors in
12the county.
13    In every case in which a fire is determined to be a
14contributing factor in a death, the coroner shall report the
15death to the Office of the State Fire Marshal. The coroner
16shall provide a copy of the death certificate (i) within 30
17days after filing the permanent death certificate and (ii) in a
18manner that is agreed upon by the coroner and the State Fire
20    In every case in which a drug overdose is determined to be
21the cause or a contributing factor in the death, the coroner or
22medical examiner shall report the death to the Department of
23Public Health. The Department of Public Health shall adopt
24rules regarding specific information that must be reported in
25the event of such a death. If possible, the coroner shall
26report the cause of the overdose. As used in this Section,



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1"overdose" has the same meaning as it does in Section 414 of
2the Illinois Controlled Substances Act. The Department of
3Public Health shall issue a semiannual report to the General
4Assembly summarizing the reports received. The Department
5shall also provide on its website a monthly report of overdose
6death figures organized by location, age, and any other
7factors, the Department deems appropriate.
8    In addition, in every case in which domestic violence is
9determined to be a contributing factor in a death, the coroner
10shall report the death to the Department of State Police.
11    All deaths in State institutions and all deaths of wards of
12the State in private care facilities or in programs funded by
13the Department of Human Services under its powers relating to
14mental health and developmental disabilities or alcoholism and
15substance abuse or funded by the Department of Children and
16Family Services shall be reported to the coroner of the county
17in which the facility is located. If the coroner has reason to
18believe that an investigation is needed to determine whether
19the death was caused by maltreatment or negligent care of the
20ward of the State, the coroner may conduct a preliminary
21investigation of the circumstances of such death as in cases of
22death under circumstances set forth in paragraphs (a) through
23(e) of this Section.
24(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; revised



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1    (55 ILCS 5/3-14049)  (from Ch. 34, par. 3-14049)
2    Sec. 3-14049. Appointment of physicians and nurses for the
3poor and mentally ill persons. The appointment, employment and
4removal by the Board of Commissioners of Cook County, of all
5physicians, physician assistants, and surgeons, and nurses for
6the care and treatment of the sick, poor, mentally ill or
7persons in need of mental treatment of said county shall be
8made only in conformity with rules prescribed by the County
9Civil Service Commission to accomplish the purposes of this
11    The Board of Commissioners of Cook County may provide that
12all such physicians, physician assistants, and surgeons who
13serve without compensation shall be appointed for a term to be
14fixed by the Board, and that the physicians, physician
15assistants, and surgeons usually designated and known as
16interns shall be appointed for a term to be fixed by the Board:
17Provided, that there may also, at the discretion of the board,
18be a consulting staff of physicians, physician assistants, and
19surgeons, which staff may be appointed by the president,
20subject to the approval of the board, and provided further,
21that the Board may contract with any recognized training school
22or any program for health professionals for the nursing of any
23or all of such sick or mentally ill or persons in need of
24mental treatment.
25(Source: P.A. 86-962.)



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1    (55 ILCS 5/3-15003.6)
2    Sec. 3-15003.6. Pregnant female prisoners.
3    (a) Definitions. For the purpose of this Section:
4        (1) "Restraints" means any physical restraint or
5    mechanical device used to control the movement of a
6    prisoner's body or limbs, or both, including, but not
7    limited to, flex cuffs, soft restraints, hard metal
8    handcuffs, a black box, Chubb cuffs, leg irons, belly
9    chains, a security (tether) chain, or a convex shield, or
10    shackles of any kind.
11        (2) "Labor" means the period of time before a birth and
12    shall include any medical condition in which a woman is
13    sent or brought to the hospital for the purpose of
14    delivering her baby. These situations include: induction
15    of labor, prodromal labor, pre-term labor, prelabor
16    rupture of membranes, the 3 stages of active labor, uterine
17    hemorrhage during the third trimester of pregnancy, and
18    caesarian delivery including pre-operative preparation.
19        (3) "Post-partum" means, as determined by her
20    physician or physician assistant, the period immediately
21    following delivery, including the entire period a woman is
22    in the hospital or infirmary after birth.
23        (4) "Correctional institution" means any entity under
24    the authority of a county law enforcement division of a
25    county of more than 3,000,000 inhabitants that has the
26    power to detain or restrain, or both, a person under the



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



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1be used to ensure the safety and security of the prisoner, her
2child or unborn child, the staff of the county department of
3corrections or medical facility, other prisoners, or the
4public. The protections set out in clauses (b)(3) and (b)(4) of
5this Section shall apply to security restraints used pursuant
6to this subsection. The corrections official shall immediately
7remove all restraints upon the written or oral request of
8medical personnel. Oral requests made by medical personnel
9shall be verified in writing as promptly as reasonably
11        (1) Qualified authorized health staff shall have the
12    authority to order therapeutic restraints for a pregnant or
13    postpartum prisoner who is a danger to herself, her child,
14    unborn child, or other persons due to a psychiatric or
15    medical disorder. Therapeutic restraints may only be
16    initiated, monitored and discontinued by qualified and
17    authorized health staff and used to safely limit a
18    prisoner's mobility for psychiatric or medical reasons. No
19    order for therapeutic restraints shall be written unless
20    medical or mental health personnel, after personally
21    observing and examining the prisoner, are clinically
22    satisfied that the use of therapeutic restraints is
23    justified and permitted in accordance with hospital
24    policies and applicable State law. Metal handcuffs or
25    shackles are not considered therapeutic restraints.
26        (2) Whenever therapeutic restraints are used by



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1    medical personnel, Section 2-108 of the Mental Health and
2    Developmental Disabilities Code shall apply.
3        (3) Leg irons, shackles or waist shackles shall not be
4    used on any pregnant or postpartum prisoner regardless of
5    security classification. Except for therapeutic restraints
6    under clause (b)(2), no restraints of any kind may be
7    applied to prisoners during labor.
8        (4) When a pregnant or postpartum prisoner must be
9    restrained, restraints used shall be the least restrictive
10    restraints possible to ensure the safety and security of
11    the prisoner, her child, unborn child, the staff of the
12    county department of corrections or medical facility,
13    other prisoners, or the public, and in no case shall
14    include leg irons, shackles or waist shackles.
15        (5) Upon the pregnant prisoner's entry into a hospital
16    room, and completion of initial room inspection, a
17    corrections official shall be posted immediately outside
18    the hospital room, unless requested to be in the room by
19    medical personnel attending to the prisoner's medical
20    needs.
21        (6) The county department of corrections shall provide
22    adequate corrections personnel to monitor the pregnant
23    prisoner during her transport to and from the hospital and
24    during her stay at the hospital.
25        (7) Where the county department of corrections
26    requires prisoner safety assessments, a corrections



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1    official may enter the hospital room to conduct periodic
2    prisoner safety assessments, except during a medical
3    examination or the delivery process.
4        (8) Upon discharge from a medical facility, postpartum
5    prisoners shall be restrained only with handcuffs in front
6    of the body during transport to the county department of
7    corrections. A corrections official shall immediately
8    remove all security restraints upon written or oral request
9    by medical personnel. Oral requests made by medical
10    personnel shall be verified in writing as promptly as
11    reasonably possible.
12    (c) Enforcement. No later than 30 days before the end of
13each fiscal year, the county sheriff or corrections official of
14the correctional institution where a pregnant prisoner has been
15restrained during that previous fiscal year, shall submit a
16written report to the Illinois General Assembly and the Office
17of the Governor that includes an account of every instance of
18prisoner restraint pursuant to this Section. The written report
19shall state the date, time, location and rationale for each
20instance in which restraints are used. The written report shall
21not contain any individually identifying information of any
22prisoner. Such reports shall be made available for public
24(Source: P.A. 97-660, eff. 6-1-12.)
25    (55 ILCS 5/5-1069)  (from Ch. 34, par. 5-1069)



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1    Sec. 5-1069. Group life, health, accident, hospital, and
2medical insurance.
3    (a) The county board of any county may arrange to provide,
4for the benefit of employees of the county, group life, health,
5accident, hospital, and medical insurance, or any one or any
6combination of those types of insurance, or the county board
7may self-insure, for the benefit of its employees, all or a
8portion of the employees' group life, health, accident,
9hospital, and medical insurance, or any one or any combination
10of those types of insurance, including a combination of
11self-insurance and other types of insurance authorized by this
12Section, provided that the county board complies with all other
13requirements of this Section. The insurance may include
14provision for employees who rely on treatment by prayer or
15spiritual means alone for healing in accordance with the tenets
16and practice of a well recognized religious denomination. The
17county board may provide for payment by the county of a portion
18or all of the premium or charge for the insurance with the
19employee paying the balance of the premium or charge, if any.
20If the county board undertakes a plan under which the county
21pays only a portion of the premium or charge, the county board
22shall provide for withholding and deducting from the
23compensation of those employees who consent to join the plan
24the balance of the premium or charge for the insurance.
25    (b) If the county board does not provide for self-insurance
26or for a plan under which the county pays a portion or all of



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1the premium or charge for a group insurance plan, the county
2board may provide for withholding and deducting from the
3compensation of those employees who consent thereto the total
4premium or charge for any group life, health, accident,
5hospital, and medical insurance.
6    (c) The county board may exercise the powers granted in
7this Section only if it provides for self-insurance or, where
8it makes arrangements to provide group insurance through an
9insurance carrier, if the kinds of group insurance are obtained
10from an insurance company authorized to do business in the
11State of Illinois. The county board may enact an ordinance
12prescribing the method of operation of the insurance program.
13    (d) If a county, including a home rule county, is a
14self-insurer for purposes of providing health insurance
15coverage for its employees, the insurance coverage shall
16include screening by low-dose mammography for all women 35
17years of age or older for the presence of occult breast cancer
18unless the county elects to provide mammograms itself under
19Section 5-1069.1. The coverage shall be as follows:
20         (1) A baseline mammogram for women 35 to 39 years of
21    age.
22         (2) An annual mammogram for women 40 years of age or
23    older.
24         (3) A mammogram at the age and intervals considered
25    medically necessary by the woman's health care provider for
26    women under 40 years of age and having a family history of



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1    breast cancer, prior personal history of breast cancer,
2    positive genetic testing, or other risk factors.
3        (4) A comprehensive ultrasound screening of an entire
4    breast or breasts if a mammogram demonstrates
5    heterogeneous or dense breast tissue, when medically
6    necessary as determined by a physician licensed to practice
7    medicine in all of its branches or physician assistant.
8    For purposes of this subsection, "low-dose mammography"
9means the x-ray examination of the breast using equipment
10dedicated specifically for mammography, including the x-ray
11tube, filter, compression device, and image receptor, with an
12average radiation exposure delivery of less than one rad per
13breast for 2 views of an average size breast. The term also
14includes digital mammography.
15    (d-5) Coverage as described by subsection (d) shall be
16provided at no cost to the insured and shall not be applied to
17an annual or lifetime maximum benefit.
18    (d-10) When health care services are available through
19contracted providers and a person does not comply with plan
20provisions specific to the use of contracted providers, the
21requirements of subsection (d-5) are not applicable. When a
22person does not comply with plan provisions specific to the use
23of contracted providers, plan provisions specific to the use of
24non-contracted providers must be applied without distinction
25for coverage required by this Section and shall be at least as
26favorable as for other radiological examinations covered by the



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1policy or contract.
2    (d-15) If a county, including a home rule county, is a
3self-insurer for purposes of providing health insurance
4coverage for its employees, the insurance coverage shall
5include mastectomy coverage, which includes coverage for
6prosthetic devices or reconstructive surgery incident to the
7mastectomy. Coverage for breast reconstruction in connection
8with a mastectomy shall include:
9        (1) reconstruction of the breast upon which the
10    mastectomy has been performed;
11        (2) surgery and reconstruction of the other breast to
12    produce a symmetrical appearance; and
13        (3) prostheses and treatment for physical
14    complications at all stages of mastectomy, including
15    lymphedemas.
16Care shall be determined in consultation with the attending
17physician or physician assistant and the patient. The offered
18coverage for prosthetic devices and reconstructive surgery
19shall be subject to the deductible and coinsurance conditions
20applied to the mastectomy, and all other terms and conditions
21applicable to other benefits. When a mastectomy is performed
22and there is no evidence of malignancy then the offered
23coverage may be limited to the provision of prosthetic devices
24and reconstructive surgery to within 2 years after the date of
25the mastectomy. As used in this Section, "mastectomy" means the
26removal of all or part of the breast for medically necessary



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1reasons, as determined by a licensed physician or physician
3    A county, including a home rule county, that is a
4self-insurer for purposes of providing health insurance
5coverage for its employees, may not penalize or reduce or limit
6the reimbursement of an attending provider or provide
7incentives (monetary or otherwise) to an attending provider to
8induce the provider to provide care to an insured in a manner
9inconsistent with this Section.
10    (d-20) The requirement that mammograms be included in
11health insurance coverage as provided in subsections (d)
12through (d-15) is an exclusive power and function of the State
13and is a denial and limitation under Article VII, Section 6,
14subsection (h) of the Illinois Constitution of home rule county
15powers. A home rule county to which subsections (d) through
16(d-15) apply must comply with every provision of those
18    (e) The term "employees" as used in this Section includes
19elected or appointed officials but does not include temporary
21    (f) The county board may, by ordinance, arrange to provide
22group life, health, accident, hospital, and medical insurance,
23or any one or a combination of those types of insurance, under
24this Section to retired former employees and retired former
25elected or appointed officials of the county.
26    (g) Rulemaking authority to implement this amendatory Act



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1of the 95th General Assembly, if any, is conditioned on the
2rules being adopted in accordance with all provisions of the
3Illinois Administrative Procedure Act and all rules and
4procedures of the Joint Committee on Administrative Rules; any
5purported rule not so adopted, for whatever reason, is
7(Source: P.A. 95-1045, eff. 3-27-09.)
8    (55 ILCS 5/5-20002)  (from Ch. 34, par. 5-20002)
9    Sec. 5-20002. Additional powers. The boards of health shall
10have the following powers:
11    First--To do all acts, make all regulations which may be
12necessary or expedient for the promotion of health or the
13suppression of disease.
14    Second--To appoint physicians or physician assistants as
15health officers and prescribe their duties.
16    Third--To incur the expenses necessary for the performance
17of the duties and powers enjoined upon the board.
18    Fourth--To provide gratuitous vaccination and
20    Fifth--To require reports of dangerously communicable
22    No board of health constituted under this Division shall
23function in any county during the period that Division 5-25 is
24in force in that county.
25(Source: P.A. 86-962.)



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1    (55 ILCS 5/5-21001)  (from Ch. 34, par. 5-21001)
2    Sec. 5-21001. Establishment and maintenance of county
3home. In any county which establishes and maintains a county
4sheltered care home or a county nursing home for the care of
5infirm or chronically ill persons, as provided in Section
65-1005, the County Board shall have power:
7    1. To acquire in the name of the county by purchase, grant,
8gift, or legacy, a suitable tract or tracts of land upon which
9to erect and maintain the home, and in connection therewith a
10farm or acreage for the purpose of providing supplies for the
11home and employment for such patients as are able to work and
12benefit thereby.
13    The board shall expend not more than $20,000 for the
14purchase of any such land or the erection of buildings without
15a 2/3 vote of all its members in counties of 300,000 or more
16population, or a favorable vote of at least a majority of all
17its members in counties under 300,000 population.
18    2. To receive in the name of the county, gifts and legacies
19to aid in the erection or maintenance of the home.
20    3. To appoint a superintendent and all necessary employees
21for the management and control of the home and to prescribe
22their compensation and duties.
23    4. To arrange for physicians' or physician assistants'
24services and other medical care for the patients in the home
25and prescribe the compensation and duties of physicians so



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2    5. To control the admission and discharge of patients in
3the home.
4    6. To fix the rate per day, week, or month which it will
5charge for care and maintenance of the patients. Rates so
6established may vary according to the amount of care required,
7but the rates shall be uniform for all persons or agencies
8purchasing care in the home except rates for persons who are
9able to purchase their own care may approximate actual cost.
10    7. To make all rules and regulations for the management of
11the home and of the patients therein.
12    8. To make appropriations from the county treasury for the
13purchase of land and the erection of buildings for the home,
14and to defray the expenses necessary for the care and
15maintenance of the home and for providing maintenance, personal
16care and nursing services to the patients therein, and to cause
17an amount sufficient for those purposes to be levied upon the
18taxable property of the counties and collected as other taxes
19and further providing that in counties with a population of not
20more than 1,000,000 to levy and collect annually a tax of not
21to exceed .1% of the value, as equalized or assessed by the
22Department of Revenue, of all the taxable property in the
23county for these purposes. The tax shall be in addition to all
24other taxes which the county is authorized to levy on the
25aggregate valuation of the property within the county and shall
26not be included in any limitation of the tax rate upon which



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1taxes are required to be extended, but shall be excluded
2therefrom and in addition thereto. The tax shall be levied and
3collected in like manner as the general taxes of the county,
4and when collected, shall be paid into a special fund in the
5county treasury and used only as herein authorized. No such tax
6shall be levied or increased from a rate lower than the maximum
7rate in any such county until the question of levying such tax
8has first been submitted to the voters of such county at an
9election held in such county, and has been approved by a
10majority of such voters voting thereon. The corporate
11authorities shall certify the question of levying such tax to
12the proper election officials, who shall submit the question to
13the voters at an election held in accordance with the general
14election law.
15    The proposition shall be in substantially the following
18    Shall ........ County be authorized
19to levy and collect a tax at a rate not            YES
20to exceed .1% for the purpose of          -------------------
21   ........ (purchasing, maintaining) a            NO
22 county nursing home?
24    If a majority of votes cast on the question are in favor,
25the county shall be authorized to levy the tax.
26    If the county has levied such tax at a rate lower than the



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1maximum rate set forth in this Section, the county board may
2increase the rate of the tax, but not to exceed such maximum
3rate, by certifying the proposition of such increase to the
4proper election officials for submission to the voters of the
5county at a regular election in accordance with the general
6election law. The proposition shall be in substantially the
7following form:
9    Shall the maximum rate
10of the tax levied by........            YES
11County for the purpose of.......
12(purchasing, maintaining) a      ----------------------------
13county nursing home be
14increased from........ to               NO
15........ (not to exceed .1%)
17    If a majority of all the votes cast upon the proposition
18are in favor thereof, the county board may levy the tax at a
19rate not to exceed the rate set forth in this Section.
20    9. Upon the vote of a 2/3 majority of all the members of
21the board, to sell, dispose of or lease for any term, any part
22of the home properties in such manner and upon such terms as it
23deems best for the interest of the county, and to make and
24execute all necessary conveyances thereof in the same manner as
25other conveyances of real estate may be made by a county.
26However, if the home was erected after referendum approval by



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1the voters of the county, it shall not be sold or disposed of
2except after referendum approval thereof by a majority of the
3voters of the county voting thereon.
4    If the home was erected after referendum approval by the
5voters of the county, the county nursing home may be leased
6upon the vote of a 3/5 majority of all the members of the
8    10. To operate a sheltered care home as a part of a county
9nursing home provided that a license to do so is obtained
10pursuant to the Nursing Home Care Act, as amended.
11(Source: P.A. 89-185, eff. 1-1-96.)
12    (55 ILCS 5/5-23007)  (from Ch. 34, par. 5-23007)
13    Sec. 5-23007. Appointment of board of directors. When in
14any county such a proposition, for the levy of a tax for a
15county tuberculosis sanitarium has been adopted as aforesaid,
16the chairman or president, as the case may be, of the county
17board of such county, shall, with the approval of the county
18board, proceed to appoint a board of 3 directors, one at least
19of whom shall be a licensed physician or physician assistant,
20and all of whom shall be chosen with reference to their special
21fitness for such office. Two additional directors chosen with
22reference to their special fitness for such office may at the
23same time be appointed by the county chairman, with the
24approval of the county board. Whenever a county tuberculosis
25sanitarium has been established prior to August 2, 1965, 2



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1additional directors may be appointed by the county chairman,
2with the approval of the county board, within 60 days from such
4(Source: P.A. 86-962.)
5    (55 ILCS 5/5-23019)  (from Ch. 34, par. 5-23019)
6    Sec. 5-23019. Equal privileges for all reputable
7physicians. All reputable physicians or physician assistants
8shall have equal privileges in treating patients in any county
9tuberculosis sanitarium.
10(Source: P.A. 86-962.)
11    (55 ILCS 5/5-24002)  (from Ch. 34, par. 5-24002)
12    Sec. 5-24002. Applications for benefits. It shall be the
13duty of the presiding officer of the county board of each
14county, with the advice and consent of that county board, to
15appoint a duly licensed physician or physician assistant,
16hereinafter called the examiner, who is familiar with cancer
17and tumor cases, who shall maintain an office in some
18convenient place during the entire year for the purpose of
19examining applicants for the benefits of the provisions of this
21    Such examiner shall examine all applicants desiring to
22receive the benefits of the provisions of this Division,
23referred to him by the county board and shall endorse on each
24such application a certificate to each such applicant, stating



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1whether or not in his opinion such applicant is entitled to
2receive the benefits of the provisions of this Division.
3    Such application may be filed with the county board by the
4person afflicted with cancer or tumor, and whenever it shall
5come to the notice of any public health nurse, any public
6health officer, or any physician or physician assistant of such
7county, that any person entitled to the benefits of this
8Division has not applied therefor, it shall be the duty of such
9nurse, health officer, or physician or physician assistant to
10file such an application with such board on behalf of such
11afflicted person.
12(Source: P.A. 86-962.)
13    (55 ILCS 5/5-25012)  (from Ch. 34, par. 5-25012)
14    Sec. 5-25012. Board of health. Except in those cases where
15a board of 10 or 12 members is provided for as authorized in
16this Section, each county health department shall be managed by
17a board of health consisting of 8 members appointed by the
18president or chairman of the county board, with the approval of
19the county board, for a 3 year term, except that of the first
20appointees 2 shall serve for one year, 2 for 2 years, 3 for 3
21years and the term of the member appointed from the county
22board, as provided in this Section, shall be one year and shall
23continue until reappointment or until a successor is appointed.
24Each board of health which has 8 members, may have one
25additional member appointed by the president or chairman of the



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1county board, with the approval of the county board. The
2additional member shall first be appointed within 90 days after
3the effective date of this amendatory Act for a term ending
4July 1, 2002.
5    The county health department in a county having a
6population of 200,000 or more may, if the county board, by
7resolution, so provides, be managed by a board of health
8consisting of 12 members appointed by the president or chairman
9of the county board, with the approval of the county board, for
10a 3 year term, except that of the first appointees 3 shall
11serve for one year, 4 for 2 years, 4 for 3 years and the term of
12the member appointed from the county board, as provided in this
13Section, shall be one year and shall continue until
14reappointment or until a successor is appointed. In counties
15with a population of 200,000 or more which have a board of
16health of 8 members, the county board may, by resolution,
17increase the size of the board of health to 12 members, in
18which case the 4 members added shall be appointed, as of the
19next anniversary of the present appointments, 2 for terms of 3
20years, one for 2 years and one for one year.
21    The county board in counties with a population of more than
22100,000 but less than 3,000,000 inhabitants and contiguous to
23any county with a metropolitan area with more than 1,000,000
24inhabitants, may establish compensation for the board of
25health, as remuneration for their services as members of the
26board of health. Monthly compensation shall not exceed $200



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1except in the case of the president of the board of health
2whose monthly compensation shall not exceed $400.
3    When a county board of health consisting of 8 members
4assumes the responsibilities of a municipal department of
5public health, and both the county board and the city council
6adopt resolutions or ordinances to that effect, the county
7board may, by resolution or ordinance, increase the membership
8of the county board of health to 10 members. The additional 2
9members shall initially be appointed by the mayor of the
10municipality, with the approval of the city council, each such
11member to serve for a term of 2 years; thereafter the
12successors shall be appointed by the president or chairman of
13the county board, with the approval of the county board, for
14terms of 2 years.
15    Each multiple-county health department shall be managed by
16a board of health consisting of 4 members appointed from each
17county by the president or chairman of the county board with
18the approval of the county board for a 3 year term, except that
19of the first appointees from each county one shall serve for
20one year, one for 2 years, one for 3 years and the term of the
21member appointed from the county board of each member county,
22as hereinafter provided, shall be one year and shall continue
23until reappointment or until a successor is appointed.
24    The term of office of original appointees shall begin on
25July 1 following their appointment, and the term of all members
26shall continue until their successors are appointed. All



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1members shall serve without compensation but may be reimbursed
2for actual necessary expenses incurred in the performance of
3their duties. At least 2 members of each county board of health
4shall be physicians licensed in Illinois to practice medicine
5in all of its branches or physician assistants and at least one
6member shall be a dentist licensed in Illinois. In counties
7with a population under 500,000, one member shall be chosen
8from the county board or the board of county commissioners as
9the case may be. In counties with a population over 500,000,
10two members shall be chosen from the county board or the board
11of county commissioners as the case may be. At least one member
12from each county on each multiple-county board of health shall
13be a physician licensed in Illinois to practice medicine in all
14of its branches or physician assistant, one member from each
15county on each multiple-county board of health shall be chosen
16from the county board or the board of county commissioners, as
17the case may be, and at least one member of the board of health
18shall be a dentist licensed in Illinois. Whenever possible, at
19least one member shall have experience in the field of mental
20health. All members shall be chosen for their special fitness
21for membership on the board.
22    Any member may be removed for misconduct or neglect of duty
23by the chairman or president of the county board, with the
24approval of the county board, of the county which appointed
26    Vacancies shall be filled as in the case of appointment for



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1a full term.
2    Notwithstanding any other provision of this Act to the
3contrary, a county with a population of 240,000 or more
4inhabitants that does not currently have a county health
5department may, by resolution of the county board, establish a
6board of health consisting of the members of such board. Such
7board of health shall be advised by a committee which shall
8consist of at least 5 members appointed by the president or
9chairman of the county board with the approval of the county
10board for terms of 3 years; except that of the first appointees
11at least 2 shall serve for 3 years, at least 2 shall serve for 2
12years and at least one shall serve for one year. At least one
13member of the advisory committee shall be a physician licensed
14in Illinois to practice medicine in all its branches or
15physician assistant, at least one shall be a dentist licensed
16in Illinois, and one shall be a nurse licensed in Illinois. All
17members shall be chosen for their special fitness for
18membership on the advisory committee.
19    All members of a board established under this Section must
20be residents of the county, except that a member who is
21required to be a physician or physician assistant, dentist, or
22nurse may reside outside the county if no physician, dentist,
23or nurse, as applicable, who resides in the county is willing
24and able to serve.
25(Source: P.A. 94-457, eff. 1-1-06; 94-791, eff. 1-1-07.)



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1    (55 ILCS 5/5-25019)  (from Ch. 34, par. 5-25019)
2    Sec. 5-25019. Formation of consolidated health department.
3Any county which has established a county health department or
4any counties which have established a multiple-county health
5department may unite with one or more adjacent counties which
6have established county or multiple-county health departments,
7for the purpose of maintaining and operating a consolidated
8health department subject to the approval of the county boards
9involved and the Director of the Illinois Department of Public
10Health. In the event of approval by the county boards involved
11and the Director of Public Health, the chairman or president of
12each county board and of each board of health shall meet and
13immediately proceed to organize the consolidated health
14department. At such time as they shall agree concerning the
15conditions governing organization and operation, and the
16apportionment of the costs thereof, they shall select a date
17within 60 days on which the consolidated health department
18shall be established, and its operation and maintenance shall
19be in accordance with all provisions of this Division relating
20to county health departments except where otherwise prescribed
21for multiple-county health departments. The county or
22multiple-county health departments in counties joining
23together to operate and maintain a consolidated health
24department shall cease to function as independent health
25departments so long as the consolidation shall exist; shall
26transfer all records to the consolidated health department; and



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1shall not withdraw from this union except in accordance with
2the provisions of Section 5-25020.
3    The board of health of each consolidated health department
4shall consist of the members of the boards of health of the
5county and multiple-county health departments involved except
6that members from counties which have previously established
7single county health departments shall be reduced to four,
8including at least one physician or physician assistant and one
9member of the county board. New appointments and reappointments
10shall be made in accordance with the provisions of Section
115-25012 relating to boards of health of multiple-county health
12departments. The consolidated board of health shall hold its
13first meeting no later than seven days after the date of
14establishment, for the purpose of organizing, electing
15officers, and carrying out its responsibilities in connection
16with the consolidated health department. Its subsequent
17meetings shall be held as prescribed in this Division for
18multiple-county health departments. Membership and actions of
19the consolidated board of health shall become official at its
20first meeting or on the date of establishment of the
21consolidated health department, whichever occurs at the
22earlier date. After a consolidated health department has begun
23operation, addition of other health departments to the
24consolidation may be accomplished with consent of all county
25boards of supervisors or commissioners concerned and the
26Director of Public Health; participation by such additional



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1counties will be under the conditions selected in the original
2consolidation agreement, and date of entry into the
3consolidation and other relevant details will be arranged
4between the board of health of the consolidated health
5department, and the president of the county board and the
6chairman or president of the board of health of each county
7requesting admission to the consolidated health department.
8(Source: P.A. 86-962.)
9    Section 125. The Illinois Municipal Code is amended by
10changing Sections 10-1-38.1 and 10-2.1-18 as follows:
11    (65 ILCS 5/10-1-38.1)  (from Ch. 24, par. 10-1-38.1)
12    Sec. 10-1-38.1. When the force of the Fire Department or of
13the Police Department is reduced, and positions displaced or
14abolished, seniority shall prevail, and the officers and
15members so reduced in rank, or removed from the service of the
16Fire Department or of the Police Department shall be considered
17furloughed without pay from the positions from which they were
18reduced or removed.
19    Such reductions and removals shall be in strict compliance
20with seniority and in no event shall any officer or member be
21reduced more than one rank in a reduction of force. Officers
22and members with the least seniority in the position to be
23reduced shall be reduced to the next lower rated position. For
24purposes of determining which officers and members will be



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1reduced in rank, seniority shall be determined by adding the
2time spent at the rank or position from which the officer or
3member is to be reduced and the time spent at any higher rank
4or position in the Department. For purposes of determining
5which officers or members in the lowest rank or position shall
6be removed from the Department in the event of a layoff, length
7of service in the Department shall be the basis for determining
8seniority, with the least senior such officer or member being
9the first so removed and laid off. Such officers or members
10laid off shall have their names placed on an appropriate
11reemployment list in the reverse order of dates of layoff.
12    If any positions which have been vacated because of
13reduction in forces or displacement and abolition of positions,
14are reinstated, such members and officers of the Fire
15Department or of the Police Department as are furloughed from
16the said positions shall be notified by registered mail of such
17reinstatement of positions and shall have prior right to such
18positions if otherwise qualified, and in all cases seniority
19shall prevail. Written application for such reinstated
20position must be made by the furloughed person within 30 days
21after notification as above provided and such person may be
22required to submit to examination by physicians or physician
23assistants of both the commission and the appropriate pension
24board to determine his physical fitness.
25(Source: P.A. 84-747.)



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1    (65 ILCS 5/10-2.1-18)  (from Ch. 24, par. 10-2.1-18)
2    Sec. 10-2.1-18. Fire or police departments - Reduction of
3force - Reinstatement. When the force of the fire department or
4of the police department is reduced, and positions displaced or
5abolished, seniority shall prevail and the officers and members
6so reduced in rank, or removed from the service of the fire
7department or of the police department shall be considered
8furloughed without pay from the positions from which they were
9reduced or removed.
10    Such reductions and removals shall be in strict compliance
11with seniority and in no event shall any officer or member be
12reduced more than one rank in a reduction of force. Officers
13and members with the least seniority in the position to be
14reduced shall be reduced to the next lower rated position. For
15purposes of determining which officers and members will be
16reduced in rank, seniority shall be determined by adding the
17time spent at the rank or position from which the officer or
18member is to be reduced and the time spent at any higher rank
19or position in the Department. For purposes of determining
20which officers or members in the lowest rank or position shall
21be removed from the Department in the event of a layoff, length
22of service in the Department shall be the basis for determining
23seniority, with the least senior such officer or member being
24the first so removed and laid off. Such officers or members
25laid off shall have their names placed on an appropriate
26reemployment list in the reverse order of dates of layoff.



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1    If any positions which have been vacated because of
2reduction in forces or displacement and abolition of positions,
3are reinstated, such members and officers of the fire
4department or of the police department as are furloughed from
5the said positions shall be notified by the board by registered
6mail of such reinstatement of positions and shall have prior
7right to such positions if otherwise qualified, and in all
8cases seniority shall prevail. Written application for such
9reinstated position must be made by the furloughed person
10within 30 days after notification as above provided and such
11person may be required to submit to examination by physicians
12or physician assistants of both the board of fire and police
13commissioners and the appropriate pension board to determine
14his physical fitness.
15(Source: P.A. 84-747.)



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2 Statutes amended in order of appearance
3    5 ILCS 345/1from Ch. 70, par. 91
4    5 ILCS 375/6.11A
5    10 ILCS 5/19-12.1from Ch. 46, par. 19-12.1
6    10 ILCS 5/19-13from Ch. 46, par. 19-13
7    15 ILCS 335/4from Ch. 124, par. 24
8    20 ILCS 5/5-235was 20 ILCS 5/7.03
9    20 ILCS 301/5-23
10    20 ILCS 301/10-55
11    20 ILCS 301/20-15
12    20 ILCS 301/30-5
13    20 ILCS 301/35-5
14    20 ILCS 405/405-105was 20 ILCS 405/64.1
15    20 ILCS 515/15
16    20 ILCS 520/1-15
17    20 ILCS 1305/10-7
18    20 ILCS 1340/20
19    20 ILCS 1705/5.1from Ch. 91 1/2, par. 100-5.1
20    20 ILCS 1705/7from Ch. 91 1/2, par. 100-7
21    20 ILCS 1705/12.2
22    20 ILCS 1705/14from Ch. 91 1/2, par. 100-14
23    20 ILCS 1705/15.4
24    20 ILCS 1815/49from Ch. 129, par. 277
25    20 ILCS 1815/50from Ch. 129, par. 278



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1 &nb