Public Act 1095 102ND GENERAL ASSEMBLY

HB0209 Enrolled LRB102 02775 CPF 12782 b

Public Act 102-1095

AN ACT concerning health.

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

Section 1. Short title. This Act may be cited as the Latex Glove Ban Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Public Health.

"EMS personnel" has the same meaning as provided in Section 3.5 of the Emergency Medical Services (EMS) Systems Act.

"Food service establishment" means a food service establishment as that term is used in the Food Handling Regulation Enforcement Act.

"Health care facility personnel" means personnel of a health care facility, as that term is defined under Section 3 of the Illinois Health Facilities Planning Act.

Section 10. Use of latex gloves prohibited.

(a) On and after January 1, 2023, a food service establishment may not permit employees to use latex gloves in the preparation and handling of food. If latex gloves must be used in the preparation of food due to a crisis that interrupts a food service establishment's ability to source nonlatex gloves, a sign shall be prominently placed at the point of order or point of purchase clearly notifying the public of the temporary change. To encourage compliance with this subsection, the Department shall send a notice of warning to a food service establishment for its first violation of this subsection.

(b) Except as provided under Section 15, on and after January 1, 2023, the use of latex gloves by EMS personnel is prohibited.

(c) Except as provided under Section 15, on and after January 1, 2024, the use of latex gloves by health care facility personnel is prohibited if the patient upon whom the latex gloves are to be used is unconscious or otherwise physically unable to communicate and whose medical history lacks sufficient information to indicate whether or not the patient has a latex allergy.

Section 15. Exception; crisis situation. Notwithstanding subsections (b) and (c) of Section 10, if a crisis exists that interrupts their ability to reliably source nonlatex gloves, EMS personnel and health care facility personnel may use latex gloves upon a patient. However, during the crisis, EMS personnel and health care facility personnel shall prioritize, to the extent possible, using nonlatex gloves for the treatment of:

(1) any patient with a self-identified allergy to latex; and

(2) any patient upon whom the latex gloves are to be used who is unconscious or otherwise physically unable to communicate and whose medical history lacks sufficient information to indicate whether or not the patient has a latex allergy.