State of Illinois
2015 and 2016


Introduced 2/9/2016, by Sen. Heather A. Steans


210 ILCS 49/4-103
210 ILCS 49/4-105
210 ILCS 49/4-201

    Amends the Specialized Mental Health Rehabilitation Act of 2013. Deletes a provision that provides that the emergency rules for provisional licensure shall be for a period of 3 years and shall not be extended beyond that date. Changes the commencement of the provisional license period from the adoption date of emergency rules establishing provisional licenses to the provisional license's date of issuance. Corrects an internal cross-reference. Effective immediately.

LRB099 18342 MJP 42717 b





SB2504LRB099 18342 MJP 42717 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 Specialized Mental Health Rehabilitation
5Act of 2013 is amended by changing Sections 4-103, 4-105, and
64-201 as follows:
7    (210 ILCS 49/4-103)
8    Sec. 4-103. Provisional licensure emergency rules. The
9Department, in consultation with the Division of Mental Health
10of the Department of Human Services and the Department of
11Healthcare and Family Services, is granted the authority under
12this Act to establish provisional licensure and licensing
13procedures by emergency rule. The Department shall file
14emergency rules concerning provisional licensure under this
15Act within 120 days after the effective date of this Act. The
16rules to be filed for provisional licensure shall be for a
17period of 3 years, beginning with the adoption date of the
18emergency rules establishing the provisional license, and
19shall not be extended beyond the date of 3 years after the
20effective date of the emergency rules creating the provisional
21license and licensing process. Rules governing the provisional
22license and licensing process shall contain rules for the
23different levels of care offered by the facilities authorized



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1under this Act and shall address each type of care hereafter
3        (1) triage centers;
4        (2) crisis stabilization;
5        (3) recovery and rehabilitation supports;
6        (4) transitional living units; or
7        (5) other intensive treatment and stabilization
8    programs designed and developed in collaboration with the
9    Department.
10(Source: P.A. 98-104, eff. 7-22-13.)
11    (210 ILCS 49/4-105)
12    Sec. 4-105. Provisional licensure duration. A provisional
13license shall be valid upon fulfilling the requirements
14established by the Department by emergency rule. The license
15shall remain valid as long as a facility remains in compliance
16with the licensure provisions established in rule. The
17provisional license shall expire when the administrative rule
18established by the Department for provisional licensure
19expires at the end of a 3-year period, which commences on the
20date the provisional license is issued.
21(Source: P.A. 98-104, eff. 7-22-13.)
22    (210 ILCS 49/4-201)
23    Sec. 4-201. Accreditation and licensure. At the end of the
24provisional licensure period established in Article 4 3, Part 1



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1of this Act, the Department shall license a facility as a
2specialized mental health rehabilitation facility under this
3Act that successfully completes and obtains valid national
4accreditation in behavioral health from a recognized national
5accreditation entity and complies with licensure standards as
6established by the Department of Public Health in
7administrative rule. Rules governing licensure standards shall
8include, but not be limited to, appropriate fines and sanctions
9associated with violations of laws or regulations. The
10following shall be considered to be valid national
11accreditation in behavioral health from an national
12accreditation entity:
13        (1) the Joint Commission;
14        (2) the Commission on Accreditation of Rehabilitation
15    Facilities;
16        (3) the Healthcare Facilities Accreditation Program;
17    or
18        (4) any other national standards of care as approved by
19    the Department.
20(Source: P.A. 98-104, eff. 7-22-13.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.