Illinois General Assembly - Full Text of HB3871

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Full Text of HB3871 94th General Assembly

Introduced Engrossed
House Amendment 001
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HB3871eng 94TH GENERAL ASSEMBLY

HB3871 Engrossed LRB094 07508 RSP 37675 b

1     AN ACT concerning State government.

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

4     Section 5. The Department of Professional Regulation Law of
5 the Civil Administrative Code of Illinois is amended by
6 changing Section 2105-400 as follows:

7     (20 ILCS 2105/2105-400)
8     Sec. 2105-400. Emergency Powers.
9     (a) Upon proclamation of a disaster by the Governor, as
10 provided for in the Illinois Emergency Management Agency Act,
11 the Director of Professional Regulation shall have the
12 following powers, which shall be exercised only in coordination
13 with the Illinois Emergency Management Agency and the
14 Department of Public Health:
15         (1) The power to suspend the requirements for permanent
16     or temporary licensure of persons who are licensed in
17     another state and are working under the direction of the
18     Illinois Emergency Management Agency (or an emergency
19     services and disaster agency accredited by the Illinois
20     Emergency Management Agency) and the Department of Public
21     Health (or a local public health department) pursuant to a
22     declared disaster.
23         (2) The power to modify the scope of practice
24     restrictions under any licensing act administered by the
25     Department for any person working under the direction of
26     the Illinois Emergency Management Agency (or an emergency
27     services and disaster agency accredited by the Illinois
28     Emergency Management Agency) and the Illinois Department
29     of Public Health (or a local public health department)
30     pursuant to the declared disaster.
31         (3) The power to expand the exemption in Section 4(a)
32     of the Pharmacy Practice Act of 1987 to those licensed

HB3871 Engrossed - 2 - LRB094 07508 RSP 37675 b

1     professionals whose scope of practice has been modified,
2     under paragraph (2) of subsection (a) of this Section, to
3     include any element of the practice of pharmacy as defined
4     in the Pharmacy Practice Act of 1987 for any person working
5     under the direction of the Illinois Emergency Management
6     Agency (or an emergency services and disaster agency
7     accredited by the Illinois Emergency Management Agency)
8     and the Illinois Department of Public Health (or a local
9     public health department) pursuant to the declared
10     disaster.
11     (b) Persons exempt from licensure under paragraph (1) of
12 subsection (a) of this Section and persons operating under
13 modified scope of practice provisions under paragraph (2) of
14 subsection (a) of this Section shall be exempt from licensure
15 or be subject to modified scope of practice only until the
16 declared disaster has ended as provided by law.
17     (c) The Director shall exercise these powers by way of
18 proclamation.
19 (Source: P.A. 93-829, eff. 7-28-04.)

20     Section 10. The Department of Public Health Powers and
21 Duties Law of the Civil Administrative Code of Illinois is
22 amended by changing Section 2310-625 as follows:

23     (20 ILCS 2310/2310-625)
24     Sec. 2310-625. Emergency Powers.
25     (a) Upon proclamation of a disaster by the Governor, as
26 provided for in the Illinois Emergency Management Agency Act,
27 the Director of Public Health shall have the following powers,
28 which shall be exercised only in coordination with the Illinois
29 Emergency Management Agency and the Department of Professional
30 Regulation:
31         (1) The power to suspend the requirements for temporary
32     or permanent licensure or certification of persons who are
33     licensed or certified in another state and are working
34     under the direction of the Illinois Emergency Management

HB3871 Engrossed - 3 - LRB094 07508 RSP 37675 b

1     Agency (or an emergency services and disaster agency
2     accredited by the Illinois Emergency Management Agency)
3     and the Illinois Department of Public Health (or a local
4     public health department) pursuant to the declared
5     disaster.
6         (2) The power to modify the scope of practice
7     restrictions under the Emergency Medical Services (EMS)
8     Systems Act for any persons who are licensed under that Act
9     for any person working under the direction of the Illinois
10     Emergency Management Agency (or an emergency services and
11     disaster agency accredited by the Illinois Emergency
12     Management Agency) and the Illinois Department of Public
13     Health (or a local public health department) pursuant to
14     the declared disaster.
15         (3) The power to modify the scope of practice
16     restrictions under the Nursing Home Care Act for Certified
17     Nursing Assistants for any person working under the
18     direction of the Illinois Emergency Management Agency (or
19     an emergency services and disaster agency accredited by the
20     Illinois Emergency Management Agency) and the Illinois
21     Department of Public Health (or a local public health
22     department) pursuant to the declared disaster.
23     (b) Persons exempt from licensure or certification under
24 paragraph (1) of subsection (a) and persons operating under
25 modified scope of practice provisions under paragraph (2) of
26 subsection (a) and paragraph (3) of subsection (a) shall be
27 exempt from licensure or certification or subject to modified
28 scope of practice only until the declared disaster has ended as
29 provided by law.
30     (c) The Director shall exercise these powers by way of
31 proclamation.
32 (Source: P.A. 93-829, eff. 7-28-04.)

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