Illinois General Assembly - Full Text of HB4931
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Full Text of HB4931  102nd General Assembly

HB4931eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4931 EngrossedLRB102 24984 AWJ 34240 b

1    AN ACT concerning emergency medical dispatchers.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Commemorative Dates Act is amended by
5changing Section 148 as follows:
 
6    (5 ILCS 490/148)
7    Sec. 148. First Responder Mental Health Awareness Day. The
8third Friday in May of each year is designated as First
9Responder Mental Health Awareness Day, to be observed
10throughout the State as a day to honor firefighters, police
11officers, emergency medical dispatchers, public safety
12telecommunicators, and other first responders who have lost
13their lives due to and suffer from post-traumatic stress
14disorder, depression, and other mental health issues.
15(Source: P.A. 100-900, eff. 1-1-19.)
 
16    Section 10. The Department of Public Health Powers and
17Duties Law of the Civil Administrative Code of Illinois is
18amended by changing Section 2310-256 as follows:
 
19    (20 ILCS 2310/2310-256)
20    Sec. 2310-256. Public information campaign; statewide
21response plans. The Department shall, whenever the State is

 

 

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1required by the federal government to implement a statewide
2response plan to a national public health threat, conduct an
3information campaign for the general public and for medical
4professionals concerning the need for public participation in
5the plan, the risks involved in inoculation or treatment, any
6advisories concerning the need for medical consultation before
7receiving inoculation or treatment, and the rights and
8responsibilities of the general public, medical professionals,
9and first responders, including, but not limited to, emergency
10medical dispatchers and public safety telecommunicators,
11regarding the provision and receipt of inoculation and
12treatment under the response plan.
13(Source: P.A. 93-161, eff. 7-10-03.)
 
14    Section 15. The Illinois State Police Law of the Civil
15Administrative Code of Illinois is amended by adding Section
162605-52.2 as follows:
 
17    (20 ILCS 2605/2605-52.2 new)
18    Sec. 2605-52.2. Emergency medical dispatcher and public
19safety telecommunicator classification. The Office of the
20Statewide 9-1-1 Administrator, in consultation with the
21Statewide 9-1-1 Advisory Board, shall revise any guidelines,
22rules, and standards governing the employment, training,
23certification, or testing necessary to classify public safety
24telecommunicators and emergency medical dispatchers as "first

 

 

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1responders" and comparable in the State's occupational
2classification of emergency services personnel and public
3safety personnel.
 
4    Section 20. The School Code is amended by changing Section
522-80 as follows:
 
6    (105 ILCS 5/22-80)
7    Sec. 22-80. Student athletes; concussions and head
8injuries.
9    (a) The General Assembly recognizes all of the following:
10        (1) Concussions are one of the most commonly reported
11    injuries in children and adolescents who participate in
12    sports and recreational activities. The Centers for
13    Disease Control and Prevention estimates that as many as
14    3,900,000 sports-related and recreation-related
15    concussions occur in the United States each year. A
16    concussion is caused by a blow or motion to the head or
17    body that causes the brain to move rapidly inside the
18    skull. The risk of catastrophic injuries or death is
19    significant when a concussion or head injury is not
20    properly evaluated and managed.
21        (2) Concussions are a type of brain injury that can
22    range from mild to severe and can disrupt the way the brain
23    normally works. Concussions can occur in any organized or
24    unorganized sport or recreational activity and can result

 

 

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1    from a fall or from players colliding with each other, the
2    ground, or with obstacles. Concussions occur with or
3    without loss of consciousness, but the vast majority of
4    concussions occur without loss of consciousness.
5        (3) Continuing to play with a concussion or symptoms
6    of a head injury leaves a young athlete especially
7    vulnerable to greater injury and even death. The General
8    Assembly recognizes that, despite having generally
9    recognized return-to-play standards for concussions and
10    head injuries, some affected youth athletes are
11    prematurely returned to play, resulting in actual or
12    potential physical injury or death to youth athletes in
13    this State.
14        (4) Student athletes who have sustained a concussion
15    may need informal or formal accommodations, modifications
16    of curriculum, and monitoring by medical or academic staff
17    until the student is fully recovered. To that end, all
18    schools are encouraged to establish a return-to-learn
19    protocol that is based on peer-reviewed scientific
20    evidence consistent with Centers for Disease Control and
21    Prevention guidelines and conduct baseline testing for
22    student athletes.
23    (b) In this Section:
24    "Athletic trainer" means an athletic trainer licensed
25under the Illinois Athletic Trainers Practice Act who is
26working under the supervision of a physician.

 

 

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1    "Coach" means any volunteer or employee of a school who is
2responsible for organizing and supervising students to teach
3them or train them in the fundamental skills of an
4interscholastic athletic activity. "Coach" refers to both head
5coaches and assistant coaches.
6    "Concussion" means a complex pathophysiological process
7affecting the brain caused by a traumatic physical force or
8impact to the head or body, which may include temporary or
9prolonged altered brain function resulting in physical,
10cognitive, or emotional symptoms or altered sleep patterns and
11which may or may not involve a loss of consciousness.
12    "Department" means the Department of Financial and
13Professional Regulation.
14    "Game official" means a person who officiates at an
15interscholastic athletic activity, such as a referee or
16umpire, including, but not limited to, persons enrolled as
17game officials by the Illinois High School Association or
18Illinois Elementary School Association.
19    "Interscholastic athletic activity" means any organized
20school-sponsored or school-sanctioned activity for students,
21generally outside of school instructional hours, under the
22direction of a coach, athletic director, or band leader,
23including, but not limited to, baseball, basketball,
24cheerleading, cross country track, fencing, field hockey,
25football, golf, gymnastics, ice hockey, lacrosse, marching
26band, rugby, soccer, skating, softball, swimming and diving,

 

 

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1tennis, track (indoor and outdoor), ultimate Frisbee,
2volleyball, water polo, and wrestling. All interscholastic
3athletics are deemed to be interscholastic activities.
4    "Licensed healthcare professional" means a person who has
5experience with concussion management and who is a nurse, a
6psychologist who holds a license under the Clinical
7Psychologist Licensing Act and specializes in the practice of
8neuropsychology, a physical therapist licensed under the
9Illinois Physical Therapy Act, an occupational therapist
10licensed under the Illinois Occupational Therapy Practice Act,
11a physician assistant, or an athletic trainer.
12    "Nurse" means a person who is employed by or volunteers at
13a school and is licensed under the Nurse Practice Act as a
14registered nurse, practical nurse, or advanced practice
15registered nurse.
16    "Physician" means a physician licensed to practice
17medicine in all of its branches under the Medical Practice Act
18of 1987.
19    "Physician assistant" means a physician assistant licensed
20under the Physician Assistant Practice Act of 1987.
21    "School" means any public or private elementary or
22secondary school, including a charter school.
23    "Student" means an adolescent or child enrolled in a
24school.
25    (c) This Section applies to any interscholastic athletic
26activity, including practice and competition, sponsored or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1school, the chief school administrator or that person's
2designee in the case of a charter school, or the appropriate
3administrative officer or that person's designee in the case
4of a private school shall supervise an athletic trainer or
5other person responsible for compliance with the
6return-to-play protocol and shall supervise the person
7responsible for compliance with the return-to-learn protocol.
8The person who has supervisory responsibilities under this
9paragraph may not be a coach of an interscholastic athletics
10team.
11    (h)(1) The Illinois High School Association shall approve,
12for coaches, game officials, and non-licensed healthcare
13professionals, training courses that provide for not less than
142 hours of training in the subject matter of concussions,
15including evaluation, prevention, symptoms, risks, and
16long-term effects. The Association shall maintain an updated
17list of individuals and organizations authorized by the
18Association to provide the training.
19    (2) The following persons must take a training course in
20accordance with paragraph (4) of this subsection (h) from an
21authorized training provider at least once every 2 years:
22        (A) a coach of an interscholastic athletic activity;
23        (B) a nurse, licensed healthcare professional, or
24    non-licensed healthcare professional who serves as a
25    member of a concussion oversight team either on a
26    volunteer basis or in his or her capacity as an employee,

 

 

HB4931 Engrossed- 13 -LRB102 24984 AWJ 34240 b

1    representative, or agent of a school; and
2        (C) a game official of an interscholastic athletic
3    activity.
4    (3) A physician who serves as a member of a concussion
5oversight team shall, to the greatest extent practicable,
6periodically take an appropriate continuing medical education
7course in the subject matter of concussions.
8    (4) For purposes of paragraph (2) of this subsection (h):
9        (A) a coach, game official, or non-licensed healthcare
10    professional, as the case may be, must take a course
11    described in paragraph (1) of this subsection (h);
12        (B) an athletic trainer must take a concussion-related
13    continuing education course from an athletic trainer
14    continuing education sponsor approved by the Department;
15        (C) a nurse must take a concussion-related continuing
16    education course from a nurse continuing education sponsor
17    approved by the Department;
18        (D) a physical therapist must take a
19    concussion-related continuing education course from a
20    physical therapist continuing education sponsor approved
21    by the Department;
22        (E) a psychologist must take a concussion-related
23    continuing education course from a psychologist continuing
24    education sponsor approved by the Department;
25        (F) an occupational therapist must take a
26    concussion-related continuing education course from an

 

 

HB4931 Engrossed- 14 -LRB102 24984 AWJ 34240 b

1    occupational therapist continuing education sponsor
2    approved by the Department; and
3        (G) a physician assistant must take a
4    concussion-related continuing education course from a
5    physician assistant continuing education sponsor approved
6    by the Department.
7    (5) Each person described in paragraph (2) of this
8subsection (h) must submit proof of timely completion of an
9approved course in compliance with paragraph (4) of this
10subsection (h) to the district superintendent or the
11superintendent's designee in the case of a public elementary
12or secondary school, the chief school administrator or that
13person's designee in the case of a charter school, or the
14appropriate administrative officer or that person's designee
15in the case of a private school.
16    (6) A physician, licensed healthcare professional, or
17non-licensed healthcare professional who is not in compliance
18with the training requirements under this subsection (h) may
19not serve on a concussion oversight team in any capacity.
20    (7) A person required under this subsection (h) to take a
21training course in the subject of concussions must complete
22the training prior to serving on a concussion oversight team
23in any capacity.
24    (i) The governing body of each public or charter school
25and the appropriate administrative officer of a private school
26with students enrolled who participate in an interscholastic

 

 

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1athletic activity shall develop a school-specific emergency
2action plan for interscholastic athletic activities to address
3the serious injuries and acute medical conditions in which the
4condition of the student may deteriorate rapidly. The plan
5shall include a delineation of roles, methods of
6communication, available emergency equipment, and access to
7and a plan for emergency transport. This emergency action plan
8must be:
9        (1) in writing;
10        (2) reviewed by the concussion oversight team;
11        (3) approved by the district superintendent or the
12    superintendent's designee in the case of a public
13    elementary or secondary school, the chief school
14    administrator or that person's designee in the case of a
15    charter school, or the appropriate administrative officer
16    or that person's designee in the case of a private school;
17        (4) distributed to all appropriate personnel;
18        (5) posted conspicuously at all venues utilized by the
19    school; and
20        (6) reviewed annually by all athletic trainers, first
21    responders (including, but not limited to, emergency
22    medical dispatchers and public safety telecommunicators),
23    coaches, school nurses, athletic directors, and volunteers
24    for interscholastic athletic activities.
25    (j) The State Board of Education shall adopt rules as
26necessary to administer this Section, including, but not

 

 

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1limited to, rules governing the informal or formal
2accommodation of a student who may have sustained a concussion
3during an interscholastic athletic activity.
4(Source: P.A. 100-309, eff. 9-1-17; 100-513, eff. 1-1-18;
5100-747, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81, eff.
67-12-19.)
 
7    Section 25. The School Safety Drill Act is amended by
8changing Section 5 as follows:
 
9    (105 ILCS 128/5)
10    Sec. 5. Definitions. In this Act:
11    "First responder" means and includes all fire departments
12and districts, law enforcement agencies and officials,
13emergency medical responders, emergency medical dispatchers,
14public safety telecommunicators, and emergency management
15officials involved in the execution and documentation of the
16drills administered under this Act.
17    "School" means a public or private facility that offers
18elementary or secondary education to students under the age of
1921. As used in this definition, "public facility" means a
20facility operated by the State or by a unit of local
21government. As used in this definition, "private facility"
22means any non-profit, non-home-based, non-public elementary or
23secondary school that is in compliance with Title VI of the
24Civil Rights Act of 1964 and attendance at which satisfies the

 

 

HB4931 Engrossed- 17 -LRB102 24984 AWJ 34240 b

1requirements of Section 26-1 of the School Code. While more
2than one school may be housed in a facility, for purposes of
3this Act, the facility shall be considered a school. When a
4school has more than one location, for purposes of this Act,
5each different location shall be considered its own school.
6    "School safety drill" means a pre-planned exercise
7conducted by a school in accordance with the drills and
8requirements set forth in this Act.
9(Source: P.A. 94-600, eff. 8-16-05.)
 
10    Section 30. The Suicide Prevention, Education, and
11Treatment Act is amended by changing Section 15 as follows:
 
12    (410 ILCS 53/15)
13    Sec. 15. Suicide Prevention Alliance.
14    (a) The Alliance is created as the official grassroots
15creator, planner, monitor, and advocate for the Illinois
16Suicide Prevention Strategic Plan. No later than one year
17after the effective date of this amendatory Act of the 101st
18General Assembly, the Alliance shall review, finalize, and
19submit to the Governor and the General Assembly the 2020
20Illinois Suicide Prevention Strategic Plan and appropriate
21processes and outcome objectives for 10 overriding
22recommendations and a timeline for reaching these objectives.
23    (b) The Plan shall include:
24        (1) recommendations from the most current National

 

 

HB4931 Engrossed- 18 -LRB102 24984 AWJ 34240 b

1    Suicide Prevention Strategy;
2        (2) current research and experience into the
3    prevention of suicide;
4        (3) measures to encourage and assist health care
5    systems and primary care providers to include suicide
6    prevention as a core component of their services,
7    including, but not limited to, implementing the Zero
8    Suicide model; and
9        (4) additional elements as determined appropriate by
10    the Alliance.
11    The Alliance shall review the statutorily prescribed
12missions of major State mental health, health, aging, and
13school mental health programs and recommend, as necessary and
14appropriate, statutory changes to include suicide prevention
15in the missions and procedures of those programs. The Alliance
16shall prepare a report of that review, including its
17recommendations, and shall submit the report to the Department
18for inclusion in its annual report to the Governor and the
19General Assembly.
20    (c) The Director of Public Health shall appoint the
21members of the Alliance. The membership of the Alliance shall
22include, without limitation, representatives of statewide
23organizations and other agencies that focus on the prevention
24of suicide and the improvement of mental health treatment or
25that provide suicide prevention or survivor support services.
26Other disciplines that shall be considered for membership on

 

 

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1the Alliance include law enforcement, first responders
2(including, but not limited to, emergency medical dispatchers
3and public safety telecommunicators), faith-based community
4leaders, universities, and survivors of suicide (families and
5friends who have lost persons to suicide) as well as consumers
6of services of these agencies and organizations.
7    (d) The Alliance shall meet at least 4 times a year, and
8more as deemed necessary, in various sites statewide in order
9to foster as much participation as possible. The Alliance, a
10steering committee, and core members of the full committee
11shall monitor and guide the definition and direction of the
12goals of the full Alliance, shall review and approve
13productions of the plan, and shall meet before the full
14Alliance meetings.
15(Source: P.A. 101-331, eff. 8-9-19.)
 
16    Section 35. The Cannabis Regulation and Tax Act is amended
17by changing Section 5-25 as follows:
 
18    (410 ILCS 705/5-25)
19    Sec. 5-25. Department of Public Health to make health
20warning recommendations.
21    (a) The Department of Public Health shall make
22recommendations to the Department of Agriculture and the
23Department of Financial and Professional Regulation on
24appropriate health warnings for dispensaries and advertising,

 

 

HB4931 Engrossed- 20 -LRB102 24984 AWJ 34240 b

1which may apply to all cannabis products, including item-type
2specific labeling or warning requirements, regulate the
3facility where cannabis-infused products are made, regulate
4cannabis-infused products as provided in subsection (e) of
5Section 55-5, and facilitate the Adult Use Cannabis Health
6Advisory Committee.
7    (b) An Adult Use Cannabis Health Advisory Committee is
8hereby created and shall meet at least twice annually. The
9Chairperson may schedule meetings more frequently upon his or
10her initiative or upon the request of a Committee member.
11Meetings may be held in person or by teleconference. The
12Committee shall discuss and monitor changes in drug use data
13in Illinois and the emerging science and medical information
14relevant to the health effects associated with cannabis use
15and may provide recommendations to the Department of Human
16Services about public health awareness campaigns and messages.
17The Committee shall include the following members appointed by
18the Governor and shall represent the geographic, ethnic, and
19racial diversity of the State:
20        (1) The Director of Public Health, or his or her
21    designee, who shall serve as the Chairperson.
22        (2) The Secretary of Human Services, or his or her
23    designee, who shall serve as the Co-Chairperson.
24        (3) A representative of the poison control center.
25        (4) A pharmacologist.
26        (5) A pulmonologist.

 

 

HB4931 Engrossed- 21 -LRB102 24984 AWJ 34240 b

1        (6) An emergency room physician.
2        (7) An emergency medical technician, paramedic,
3    emergency medical dispatcher, public safety
4    telecommunicators, or other first responder.
5        (8) A nurse practicing in a school-based setting.
6        (9) A psychologist.
7        (10) A neonatologist.
8        (11) An obstetrician-gynecologist.
9        (12) A drug epidemiologist.
10        (13) A medical toxicologist.
11        (14) An addiction psychiatrist.
12        (15) A pediatrician.
13        (16) A representative of a statewide professional
14    public health organization.
15        (17) A representative of a statewide hospital/health
16    system association.
17        (18) An individual registered as a patient in the
18    Compassionate Use of Medical Cannabis Program.
19        (19) An individual registered as a caregiver in the
20    Compassionate Use of Medical Cannabis Program.
21        (20) A representative of an organization focusing on
22    cannabis-related policy.
23        (21) A representative of an organization focusing on
24    the civil liberties of individuals who reside in Illinois.
25        (22) A representative of the criminal defense or civil
26    aid community of attorneys serving Disproportionately

 

 

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1    Impacted Areas.
2        (23) A representative of licensed cannabis business
3    establishments.
4        (24) A Social Equity Applicant.
5        (25) A representative of a statewide community-based
6    substance use disorder treatment provider association.
7        (26) A representative of a statewide community-based
8    mental health treatment provider association.
9        (27) A representative of a community-based substance
10    use disorder treatment provider.
11        (28) A representative of a community-based mental
12    health treatment provider.
13        (29) A substance use disorder treatment patient
14    representative.
15        (30) A mental health treatment patient representative.
16    (c) The Committee shall provide a report by September 30,
172021, and every year thereafter, to the General Assembly. The
18Department of Public Health shall make the report available on
19its website.
20(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
21    Section 40. The Methamphetamine Precursor Control Act is
22amended by changing Section 5 as follows:
 
23    (720 ILCS 648/5)
24    Sec. 5. Purpose. The purpose of this Act is to reduce the

 

 

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1harm that methamphetamine manufacturing and manufacturers are
2inflicting on individuals, families, communities, first
3responders (including, but not limited to, emergency medical
4dispatchers and public safety telecommunicators), the economy,
5and the environment in Illinois, by making it more difficult
6for persons engaged in the unlawful manufacture of
7methamphetamine and related activities to obtain
8methamphetamine's essential ingredient, ephedrine or
9pseudoephedrine. It is the intent of the General Assembly that
10this Act operate in tandem with and be interpreted as
11consistent with federal laws and regulations relating to the
12subject matter of this Act to the greatest extent possible.
13(Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
 
14    Section 45. The Mental Health Court Treatment Act is
15amended by changing Section 40 as follows:
 
16    (730 ILCS 168/40)
17    Sec. 40. Mental health court; Kane County.
18    (a) The mental health court currently operating in Kane
19County is directed to demonstrate the impact of alternative
20treatment court, crisis intervention training for first
21responders (including, but not limited to, emergency medical
22dispatchers and public safety telecommunicators), and assisted
23outpatient treatment in reducing the number of mentally ill
24people admitted into the correctional system. The mental

 

 

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1health court in Kane County is authorized to cooperate with
2one or more accredited mental health service providers to
3provide services to defendants as directed by the mental
4health court. The mental health court in Kane County is
5authorized to cooperate with one or more institutions of
6higher education to publish peer-reviewed studies of the
7outcomes generated by the mental health court.
8    (b) In this Section, "accredited mental health service
9provider" refers to a provider of community mental health
10services as authorized by subsection (d-5) of Section 3 of the
11Community Services Act.
12(Source: P.A. 97-440, eff. 1-1-12.)
 
13    Section 50. The Workers' Occupational Diseases Act is
14amended by changing Section 1 as follows:
 
15    (820 ILCS 310/1)  (from Ch. 48, par. 172.36)
16    Sec. 1. This Act shall be known and may be cited as the
17"Workers' Occupational Diseases Act".
18    (a) The term "employer" as used in this Act shall be
19construed to be:
20        1. The State and each county, city, town, township,
21    incorporated village, school district, body politic, or
22    municipal corporation therein.
23        2. Every person, firm, public or private corporation,
24    including hospitals, public service, eleemosynary,

 

 

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1    religious or charitable corporations or associations, who
2    has any person in service or under any contract for hire,
3    express or implied, oral or written.
4        3. Where an employer operating under and subject to
5    the provisions of this Act loans an employee to another
6    such employer and such loaned employee sustains a
7    compensable occupational disease in the employment of such
8    borrowing employer and where such borrowing employer does
9    not provide or pay the benefits or payments due such
10    employee, such loaning employer shall be liable to provide
11    or pay all benefits or payments due such employee under
12    this Act and as to such employee the liability of such
13    loaning and borrowing employers shall be joint and
14    several, provided that such loaning employer shall in the
15    absence of agreement to the contrary be entitled to
16    receive from such borrowing employer full reimbursement
17    for all sums paid or incurred pursuant to this paragraph
18    together with reasonable attorneys' fees and expenses in
19    any hearings before the Illinois Workers' Compensation
20    Commission or in any action to secure such reimbursement.
21    Where any benefit is provided or paid by such loaning
22    employer, the employee shall have the duty of rendering
23    reasonable co-operation in any hearings, trials or
24    proceedings in the case, including such proceedings for
25    reimbursement.
26        Where an employee files an Application for Adjustment

 

 

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1    of Claim with the Illinois Workers' Compensation
2    Commission alleging that his or her claim is covered by
3    the provisions of the preceding paragraph, and joining
4    both the alleged loaning and borrowing employers, they and
5    each of them, upon written demand by the employee and
6    within 7 days after receipt of such demand, shall have the
7    duty of filing with the Illinois Workers' Compensation
8    Commission a written admission or denial of the allegation
9    that the claim is covered by the provisions of the
10    preceding paragraph and in default of such filing or if
11    any such denial be ultimately determined not to have been
12    bona fide then the provisions of Paragraph K of Section 19
13    of this Act shall apply.
14        An employer whose business or enterprise or a
15    substantial part thereof consists of hiring, procuring or
16    furnishing employees to or for other employers operating
17    under and subject to the provisions of this Act for the
18    performance of the work of such other employers and who
19    pays such employees their salary or wage notwithstanding
20    that they are doing the work of such other employers shall
21    be deemed a loaning employer within the meaning and
22    provisions of this Section.
23    (b) The term "employee" as used in this Act, shall be
24construed to mean:
25        1. Every person in the service of the State, county,
26    city, town, township, incorporated village or school

 

 

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1    district, body politic or municipal corporation therein,
2    whether by election, appointment or contract of hire,
3    express or implied, oral or written, including any
4    official of the State, or of any county, city, town,
5    township, incorporated village, school district, body
6    politic or municipal corporation therein and except any
7    duly appointed member of the fire department in any city
8    whose population exceeds 500,000 according to the last
9    Federal or State census, and except any member of a fire
10    insurance patrol maintained by a board of underwriters in
11    this State. One employed by a contractor who has
12    contracted with the State, or a county, city, town,
13    township, incorporated village, school district, body
14    politic or municipal corporation therein, through its
15    representatives, shall not be considered as an employee of
16    the State, county, city, town, township, incorporated
17    village, school district, body politic or municipal
18    corporation which made the contract.
19        2. Every person in the service of another under any
20    contract of hire, express or implied, oral or written, who
21    contracts an occupational disease while working in the
22    State of Illinois, or who contracts an occupational
23    disease while working outside of the State of Illinois but
24    where the contract of hire is made within the State of
25    Illinois, and any person whose employment is principally
26    localized within the State of Illinois, regardless of the

 

 

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1    place where the disease was contracted or place where the
2    contract of hire was made, including aliens, and minors
3    who, for the purpose of this Act, except Section 3 hereof,
4    shall be considered the same and have the same power to
5    contract, receive payments and give quittances therefor,
6    as adult employees. An employee or his or her dependents
7    under this Act who shall have a cause of action by reason
8    of an occupational disease, disablement or death arising
9    out of and in the course of his or her employment may elect
10    or pursue his or her remedy in the State where the disease
11    was contracted, or in the State where the contract of hire
12    is made, or in the State where the employment is
13    principally localized.
14    (c) "Commission" means the Illinois Workers' Compensation
15Commission created by the Workers' Compensation Act, approved
16July 9, 1951, as amended.
17    (d) In this Act the term "Occupational Disease" means a
18disease arising out of and in the course of the employment or
19which has become aggravated and rendered disabling as a result
20of the exposure of the employment. Such aggravation shall
21arise out of a risk peculiar to or increased by the employment
22and not common to the general public.
23    A disease shall be deemed to arise out of the employment if
24there is apparent to the rational mind, upon consideration of
25all the circumstances, a causal connection between the
26conditions under which the work is performed and the

 

 

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1occupational disease. The disease need not to have been
2foreseen or expected but after its contraction it must appear
3to have had its origin or aggravation in a risk connected with
4the employment and to have flowed from that source as a
5rational consequence.
6    An employee shall be conclusively deemed to have been
7exposed to the hazards of an occupational disease when, for
8any length of time however short, he or she is employed in an
9occupation or process in which the hazard of the disease
10exists; provided however, that in a claim of exposure to
11atomic radiation, the fact of such exposure must be verified
12by the records of the central registry of radiation exposure
13maintained by the Department of Public Health or by some other
14recognized governmental agency maintaining records of such
15exposures whenever and to the extent that the records are on
16file with the Department of Public Health or the agency.
17    Any injury to or disease or death of an employee arising
18from the administration of a vaccine, including without
19limitation smallpox vaccine, to prepare for, or as a response
20to, a threatened or potential bioterrorist incident to the
21employee as part of a voluntary inoculation program in
22connection with the person's employment or in connection with
23any governmental program or recommendation for the inoculation
24of workers in the employee's occupation, geographical area, or
25other category that includes the employee is deemed to arise
26out of and in the course of the employment for all purposes

 

 

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1under this Act. This paragraph added by Public Act 93-829 is
2declarative of existing law and is not a new enactment.
3    The employer liable for the compensation in this Act
4provided shall be the employer in whose employment the
5employee was last exposed to the hazard of the occupational
6disease claimed upon regardless of the length of time of such
7last exposure, except, in cases of silicosis or asbestosis,
8the only employer liable shall be the last employer in whose
9employment the employee was last exposed during a period of 60
10days or more after the effective date of this Act, to the
11hazard of such occupational disease, and, in such cases, an
12exposure during a period of less than 60 days, after the
13effective date of this Act, shall not be deemed a last
14exposure. If a miner who is suffering or suffered from
15pneumoconiosis was employed for 10 years or more in one or more
16coal mines there shall, effective July 1, 1973 be a rebuttable
17presumption that his or her pneumoconiosis arose out of such
18employment.
19    If a deceased miner was employed for 10 years or more in
20one or more coal mines and died from a respirable disease there
21shall, effective July 1, 1973, be a rebuttable presumption
22that his or her death was due to pneumoconiosis.
23    Any condition or impairment of health of an employee
24employed as a firefighter, emergency medical technician (EMT),
25emergency medical technician-intermediate (EMT-I), advanced
26emergency medical technician (A-EMT), or paramedic which

 

 

HB4931 Engrossed- 31 -LRB102 24984 AWJ 34240 b

1results directly or indirectly from any bloodborne pathogen,
2lung or respiratory disease or condition, heart or vascular
3disease or condition, hypertension, tuberculosis, or cancer
4resulting in any disability (temporary, permanent, total, or
5partial) to the employee shall be rebuttably presumed to arise
6out of and in the course of the employee's firefighting, EMT,
7EMT-I, A-EMT, or paramedic employment and, further, shall be
8rebuttably presumed to be causally connected to the hazards or
9exposures of the employment. This presumption shall also apply
10to any hernia or hearing loss suffered by an employee employed
11as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,
12this presumption shall not apply to any employee who has been
13employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for
14less than 5 years at the time he or she files an Application
15for Adjustment of Claim concerning this condition or
16impairment with the Illinois Workers' Compensation Commission.
17The rebuttable presumption established under this subsection,
18however, does not apply to an emergency medical technician
19(EMT), emergency medical technician-intermediate (EMT-I),
20advanced emergency medical technician (A-EMT), or paramedic
21employed by a private employer if the employee spends the
22preponderance of his or her work time for that employer
23engaged in medical transfers between medical care facilities
24or non-emergency medical transfers to or from medical care
25facilities. The changes made to this subsection by this
26amendatory Act of the 98th General Assembly shall be narrowly

 

 

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1construed. The Finding and Decision of the Illinois Workers'
2Compensation Commission under only the rebuttable presumption
3provision of this paragraph shall not be admissible or be
4deemed res judicata in any disability claim under the Illinois
5Pension Code arising out of the same medical condition;
6however, this sentence makes no change to the law set forth in
7Krohe v. City of Bloomington, 204 Ill.2d 392.
8    The insurance carrier liable shall be the carrier whose
9policy was in effect covering the employer liable on the last
10day of the exposure rendering such employer liable in
11accordance with the provisions of this Act.
12    (e) "Disablement" means an impairment or partial
13impairment, temporary or permanent, in the function of the
14body or any of the members of the body, or the event of
15becoming disabled from earning full wages at the work in which
16the employee was engaged when last exposed to the hazards of
17the occupational disease by the employer from whom he or she
18claims compensation, or equal wages in other suitable
19employment; and "disability" means the state of being so
20incapacitated.
21    (f) No compensation shall be payable for or on account of
22any occupational disease unless disablement, as herein
23defined, occurs within two years after the last day of the last
24exposure to the hazards of the disease, except in cases of
25occupational disease caused by berylliosis or by the
26inhalation of silica dust or asbestos dust and, in such cases,

 

 

HB4931 Engrossed- 33 -LRB102 24984 AWJ 34240 b

1within 3 years after the last day of the last exposure to the
2hazards of such disease and except in the case of occupational
3disease caused by exposure to radiological materials or
4equipment, and in such case, within 25 years after the last day
5of last exposure to the hazards of such disease.
6    (g)(1) In any proceeding before the Commission in which
7the employee is a COVID-19 first responder or front-line
8worker as defined in this subsection, if the employee's injury
9or occupational disease resulted from exposure to and
10contraction of COVID-19, the exposure and contraction shall be
11rebuttably presumed to have arisen out of and in the course of
12the employee's first responder or front-line worker employment
13and the injury or occupational disease shall be rebuttably
14presumed to be causally connected to the hazards or exposures
15of the employee's first responder or front-line worker
16employment.
17    (2) The term "COVID-19 first responder or front-line
18worker" means: all individuals employed as police, fire
19personnel, emergency medical technicians, or paramedics; all
20individuals employed and considered as first responders
21(including, but not limited to, emergency medical dispatchers
22and public safety telecommunicators); all workers for health
23care providers, including nursing homes and rehabilitation
24facilities and home care workers; corrections officers; and
25any individuals employed by essential businesses and
26operations as defined in Executive Order 2020-10 dated March

 

 

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120, 2020, as long as individuals employed by essential
2businesses and operations are required by their employment to
3encounter members of the general public or to work in
4employment locations of more than 15 employees. For purposes
5of this subsection only, an employee's home or place of
6residence is not a place of employment, except for home care
7workers.
8    (3) The presumption created in this subsection may be
9rebutted by evidence, including, but not limited to, the
10following:
11        (A) the employee was working from his or her home, on
12    leave from his or her employment, or some combination
13    thereof, for a period of 14 or more consecutive days
14    immediately prior to the employee's injury, occupational
15    disease, or period of incapacity resulted from exposure to
16    COVID-19; or
17        (B) the employer was engaging in and applying to the
18    fullest extent possible or enforcing to the best of its
19    ability industry-specific workplace sanitation, social
20    distancing, and health and safety practices based on
21    updated guidance issued by the Centers for Disease Control
22    and Prevention or Illinois Department of Public Health or
23    was using a combination of administrative controls,
24    engineering controls, or personal protective equipment to
25    reduce the transmission of COVID-19 to all employees for
26    at least 14 consecutive days prior to the employee's

 

 

HB4931 Engrossed- 35 -LRB102 24984 AWJ 34240 b

1    injury, occupational disease, or period of incapacity
2    resulting from exposure to COVID-19. For purposes of this
3    subsection, "updated" means the guidance in effect at
4    least 14 days prior to the COVID-19 diagnosis. For
5    purposes of this subsection, "personal protective
6    equipment" means industry-specific equipment worn to
7    minimize exposure to hazards that cause illnesses or
8    serious injuries, which may result from contact with
9    biological, chemical, radiological, physical, electrical,
10    mechanical, or other workplace hazards. "Personal
11    protective equipment" includes, but is not limited to,
12    items such as face coverings, gloves, safety glasses,
13    safety face shields, barriers, shoes, earplugs or muffs,
14    hard hats, respirators, coveralls, vests, and full body
15    suits; or
16        (C) the employee was exposed to COVID-19 by an
17    alternate source.
18    (4) The rebuttable presumption created in this subsection
19applies to all cases tried after June 5, 2020 (the effective
20date of Public Act 101-633) and in which the diagnosis of
21COVID-19 was made on or after March 9, 2020 and on or before
22June 30, 2021 (including the period between December 31, 2020
23and the effective date of this amendatory Act of the 101st
24General Assembly).
25    (5) Under no circumstances shall any COVID-19 case
26increase or affect any employer's workers' compensation

 

 

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1insurance experience rating or modification, but COVID-19
2costs may be included in determining overall State loss costs.
3    (6) In order for the presumption created in this
4subsection to apply at trial, for COVID-19 diagnoses occurring
5on or before June 15, 2020, an employee must provide a
6confirmed medical diagnosis by a licensed medical practitioner
7or a positive laboratory test for COVID-19 or for COVID-19
8antibodies; for COVID-19 diagnoses occurring after June 15,
92020, an employee must provide a positive laboratory test for
10COVID-19 or for COVID-19 antibodies.
11    (7) The presumption created in this subsection does not
12apply if the employee's place of employment was solely the
13employee's home or residence for a period of 14 or more
14consecutive days immediately prior to the employee's injury,
15occupational disease, or period of incapacity resulted from
16exposure to COVID-19.
17    (8) The date of injury or the beginning of the employee's
18occupational disease or period of disability is either the
19date that the employee was unable to work due to contraction of
20COVID-19 or was unable to work due to symptoms that were later
21diagnosed as COVID-19, whichever came first.
22    (9) An employee who contracts COVID-19, but fails to
23establish the rebuttable presumption is not precluded from
24filing for compensation under this Act or under the Workers'
25Compensation Act.
26    (10) To qualify for temporary total disability benefits

 

 

HB4931 Engrossed- 37 -LRB102 24984 AWJ 34240 b

1under the presumption created in this subsection, the employee
2must be certified for or recertified for temporary disability.
3    (11) An employer is entitled to a credit against any
4liability for temporary total disability due to an employee as
5a result of the employee contracting COVID-19 for (A) any sick
6leave benefits or extended salary benefits paid to the
7employee by the employer under Emergency Family Medical Leave
8Expansion Act, Emergency Paid Sick Leave Act of the Families
9First Coronavirus Response Act, or any other federal law, or
10(B) any other credit to which an employer is entitled under the
11Workers' Compensation Act.
12(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)