Illinois General Assembly - Full Text of SB2301
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Full Text of SB2301  99th General Assembly



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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Alzheimer's Disease and Related Dementias Services Act.
6    Section 5. Purpose. The General Assembly finds that
7oversight of Alzheimer's disease and related dementias
8services is in the best interests of individuals diagnosed with
9Alzheimer's disease or a dementia-related disease and their
10families and friends struggling to find appropriate services
11and care. As such, it is the intent of the General Assembly
12that all Alzheimer's disease and related dementias services
13shall comply with rules adopted by the Department in compliance
14with this Act.
15    Section 10. Definitions. In this Act:
16    "Department" means the Department of Public Health.
17    "Director" means the Director of Public Health.
18    "Alzheimer's disease and related dementias services" means
19services offered to individuals diagnosed with Alzheimer's
20disease or a dementia-related disease for the purpose of
21managing the individual's disease.



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1    Section 15. Applicability. Programs covered by this Act
2include, but are not limited to, health care facilities
3licensed or certified by the Assisted Living and Shared Housing
4Act; Life Care Facilities Act; Nursing Home Care Act;
5Specialized Mental Health Rehabilitation Act of 2013; Home
6Health, Home Services, and Home Nursing Agency Licensing Act;
7Hospice Program Licensing Act; and End Stage Renal Disease
8Facility Act. This Act does not apply to physicians licensed to
9practice medicine in all its branches.
10    Section 20. Alzheimer's disease and related dementias
11services guidelines.
12    (a) The Department shall no later than September 1, 2017
13publish proposed rules to implement this Act.
14    (b) The Department shall be granted authority to initiate
15discussions with all affected provider groups, advocate
16organizations, and other individuals and groups identified by
17the Director to be critical to the development of applicable
18rules upon this Act becoming law.
19    Section 25. Covered services, disclosures, prohibition,
20preemption. Upon the adoption of rules implementing this Act:
21        (1) Any and all Alzheimer's disease or related
22    dementias services shall comply with the Alzheimer's
23    disease and related dementias services guidelines, except
24    as provided in subsection (d).



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1        (2) Materials defining the philosophy of the services,
2    specific services offered, and behavior management tactics
3    and drug therapies employed shall be provided upon
4    admission or enrollment, or earlier upon request,
5    including a disclaimer that the services are not certified
6    under the Alzheimer's Disease and Related Dementias
7    Special Care Disclosure Act.
8        (3) Advertising or verbally offering to provide
9    Alzheimer's disease and related dementias services that
10    are not in compliance with the requirements set forth in
11    this Act is prohibited.
12        (4) If a conflict occurs between this Act and the
13    Assisted Living and Shared Housing Act, the Nursing Home
14    Care Act, or the Alzheimer's Disease and Related Dementias
15    Special Care Disclosure Act, then the Assisted Living and
16    Shared Housing Act, the Nursing Home Care Act, or the
17    Alzheimer's Disease and Related Dementias Special Care
18    Disclosure Act shall prevail.
19    Section 30. Staff training.
20    (a) Staff with direct access to clients with Alzheimer's
21disease or a related dementia hired prior to the adoption of
22rules implementing this Act shall receive a minimum of 6 hours
23of initial training within 90 days after the effective date of
24this Act using Alzheimer's disease and related dementias
25services certified by the Department, except as provided in



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1subsection (c).
2    (b) Staff with direct access to clients with Alzheimer's
3disease or a related dementia hired after the adoption of rules
4implementing this Act shall complete a minimum of 6 hours of
5initial training in the first 60 days of employment using an
6Alzheimer's disease and related dementias services curriculum
7certified by the Department, except as provided in subsection
9    (c) Subsections (a) and (b) shall not apply to the
11        (1) staff who received at least 6 hours of comparable
12    training in compliance with licensure or certified
13    training requirements; and
14        (2) staff temporarily hired or temporarily detailed by
15    a facility licensed under the Nursing Home Care Act to
16    permit the facility to meet statutory staffing
17    requirements.
18    (d) An Alzheimer's disease and related dementias services
19curriculum certified by the Department must include at a
20minimum the following topics: understanding dementia,
21effectively communicating with individuals with dementia,
22assisting individuals with dementia in performing activities
23of daily living, problem solving with individuals with dementia
24who exhibit challenging behavior, fundamentals of dementia
25care, safe environments, and managing the activities of
26individuals with dementia.



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1    (e) An individual who received training consistent with the
2requirements of this Section while employed by another program
3or through an educational institution or an individual with 3
4or more years of experience working with Alzheimer's disease
5and related dementias services may petition the Department for
6a waiver of the initial training requirements set forth in this
7Section. The Department shall evaluate each request on a case
8by case basis.
9    (f) Upon the adoption of rules implementing this Act, staff
10with direct access to clients with dementia shall receive 3
11hours of advanced training on caring for individuals with
12Alzheimer's disease and related dementias each year.
13    (g) Upon the adoption of rules implementing this Act,
14Alzheimer's disease and related dementias services program
15employers shall maintain training records and make them
16available to the Department on request.
17    Section 35. Program director. Upon the adoption of rules
18implementing this Act, in addition to the training required
19under Section 30 of this Act, the director of an Alzheimer's
20disease and related dementias services program shall complete
21an Alzheimer's disease and related dementias services
22curriculum from a list compiled by the Department or have 5
23years of experience as a director of an Alzheimer's disease and
24related dementias services program.



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1    Section 40. Penalties.
2    (a) Any entity licensed, certified, or regulated by the
3State that knowingly holds itself out as a provider of
4Alzheimer's disease and related dementias services and fails to
5comply with this Act is deemed to have violated the statute or
6statutes governing the licensure, certification, or regulation
7of the entity and any contract or agreement the entity has with
8the State.
9    (b) Any entity not operated by the federal government or
10any agency thereof or individual not covered by subsection (a)
11that knowingly holds himself, herself, or itself out as a
12provider of Alzheimer's disease and related dementias services
13and fails to comply with this Act is guilty of a business
14offense punishable by a fine of at least $1,001.
15    Section 45. Assessment. Twenty-four months after the
16adoption of rules implementing this Act, the Department shall
17convene a work group made up of experts in Alzheimer's disease
18and related dementias services programming, providers,
19families and caregivers, and other interested parties to assess
20the understanding of and compliance with the Act and rules. The
21work group shall provide the Director and General Assembly with
22recommendations related to this Act and rules. Once the
23recommendations are submitted, the work group shall be



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1    Section 90. Repealer.
2    (a) This Act is repealed as provided in subsection (b) of
3this Section unless the General Assembly authorizes an
4extension of the Act for an additional period of 36 months.
5    (b) Upon the adoption of rules implementing this Act, the
6Department shall file with the Index Department of the Office
7of the Secretary of State a declaration to that effect, and
8shall notify the Clerk of the House of Representatives, the
9Secretary of the Senate, and the Legislative Reference Bureau
10of the filing of the declaration. This Act is repealed 36
11months after the date specified in the declaration.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.