HB0313 Engrossed LRB100 04130 SMS 14135 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Regulatory Sunset Act is amended by changing
5		Section 4.28 and by adding Section 4.38 as follows:
6		(5 ILCS 80/4.28)
7		Sec. 4.28. Acts repealed on January 1, 2018. The following
8		Acts are repealed on January 1, 2018:
9		The Illinois Petroleum Education and Marketing Act.
10		The Podiatric Medical Practice Act of 1987.
11		The Acupuncture Practice Act.
12		The Illinois Speech-Language Pathology and Audiology
13		Practice Act.
14		The Interpreter for the Deaf Licensure Act of 2007.
15		The Nurse Practice Act.
16		The Clinical Social Work and Social Work Practice Act.
17		The Pharmacy Practice Act.
18		The Home Medical Equipment and Services Provider License
19		Act.
20		The Marriage and Family Therapy Licensing Act.
21		The Nursing Home Administrators Licensing and Disciplinary
22		Act.
23		The Physician Assistant Practice Act of 1987.

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1		(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
2		95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
3		9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4		eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
5		96-328, eff. 8-11-09.)
6		(5 ILCS 80/4.38 new)
7		Sec. 4.38. Act repealed on January 1, 2028. The following
8		Act is repealed on January 1, 2028:
9		The Nurse Practice Act.
10		Section 10. The State Employees Group Insurance Act of 1971
11		is amended by changing Section 6.11A as follows:
12		(5 ILCS 375/6.11A)
13		Sec. 6.11A. Physical therapy and occupational therapy.
14		(a) The program of health benefits provided under this Act
15		shall provide coverage for medically necessary physical
16		therapy and occupational therapy when that therapy is ordered
17		for the treatment of autoimmune diseases or referred for the
18		same purpose by (i) a physician licensed under the Medical
19		Practice Act of 1987, (ii) a physician assistant licensed under
20		the Physician Assistant Practice Act of 1987, or (iii) an
21		advanced practice registered nurse licensed under the Nurse
22		Practice Act.
23		(b) For the purpose of this Section, "medically necessary"

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1		means any care, treatment, intervention, service, or item that
2		will or is reasonably expected to:
3		(i) prevent the onset of an illness, condition, injury,
4		disease, or disability;
5		(ii) reduce or ameliorate the physical, mental, or
6		developmental effects of an illness, condition, injury,
7		disease, or disability; or
8		(iii) assist the achievement or maintenance of maximum
9		functional activity in performing daily activities.
10		(c) The coverage required under this Section shall be
11		subject to the same deductible, coinsurance, waiting period,
12		cost sharing limitation, treatment limitation, calendar year
13		maximum, or other limitations as provided for other physical or
14		rehabilitative or occupational therapy benefits covered by the
15		policy.
16		(d) Upon request of the reimbursing insurer, the provider
17		of the physical therapy or occupational therapy shall furnish
18		medical records, clinical notes, or other necessary data that
19		substantiate that initial or continued treatment is medically
20		necessary. When treatment is anticipated to require continued
21		services to achieve demonstrable progress, the insurer may
22		request a treatment plan consisting of the diagnosis, proposed
23		treatment by type, proposed frequency of treatment,
24		anticipated duration of treatment, anticipated outcomes stated
25		as goals, and proposed frequency of updating the treatment
26		plan.

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1		(e) When making a determination of medical necessity for
2		treatment, an insurer must make the determination in a manner
3		consistent with the manner in which that determination is made
4		with respect to other diseases or illnesses covered under the
5		policy, including an appeals process. During the appeals
6		process, any challenge to medical necessity may be viewed as
7		reasonable only if the review includes a licensed health care
8		professional with the same category of license as the
9		professional who ordered or referred the service in question
10		and with expertise in the most current and effective treatment.
11		(Source: P.A. 99-581, eff. 1-1-17.)
12		Section 15. The Election Code is amended by changing
13		Sections 19-12.1 and 19-13 as follows:
14		(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
15		Sec. 19-12.1. Any qualified elector who has secured an
16		Illinois Person with a Disability Identification Card in
17		accordance with the Illinois Identification Card Act,
18		indicating that the person named thereon has a Class 1A or
19		Class 2 disability or any qualified voter who has a permanent
20		physical incapacity of such a nature as to make it improbable
21		that he will be able to be present at the polls at any future
22		election, or any voter who is a resident of (i) a federally
23		operated veterans' home, hospital, or facility located in
24		Illinois or (ii) a facility licensed or certified pursuant to

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1		the Nursing Home Care Act, the Specialized Mental Health
2		Rehabilitation Act of 2013, the ID/DD Community Care Act, or
3		the MC/DD Act and has a condition or disability of such a
4		nature as to make it improbable that he will be able to be
5		present at the polls at any future election, may secure a
6		voter's identification card for persons with disabilities or a
7		nursing home resident's identification card, which will enable
8		him to vote under this Article as a physically incapacitated or
9		nursing home voter. For the purposes of this Section,
10		"federally operated veterans' home, hospital, or facility"
11		means the long-term care facilities at the Jesse Brown VA
12		Medical Center, Illiana Health Care System, Edward Hines, Jr.
13		VA Hospital, Marion VA Medical Center, and Captain James A.
14		Lovell Federal Health Care Center.
15		Application for a voter's identification card for persons
16		with disabilities or a nursing home resident's identification
17		card shall be made either: (a) in writing, with voter's sworn
18		affidavit, to the county clerk or board of election
19		commissioners, as the case may be, and shall be accompanied by
20		the affidavit of the attending physician, advanced practice
21		registered nurse, or a physician assistant specifically
22		describing the nature of the physical incapacity or the fact
23		that the voter is a nursing home resident and is physically
24		unable to be present at the polls on election days; or (b) by
25		presenting, in writing or otherwise, to the county clerk or
26		board of election commissioners, as the case may be, proof that

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1		the applicant has secured an Illinois Person with a Disability
2		Identification Card indicating that the person named thereon
3		has a Class 1A or Class 2 disability. Upon the receipt of
4		either the sworn-to application and the physician's, advanced
5		practice registered nurse's, or a physician assistant's
6		affidavit or proof that the applicant has secured an Illinois
7		Person with a Disability Identification Card indicating that
8		the person named thereon has a Class 1A or Class 2 disability,
9		the county clerk or board of election commissioners shall issue
10		a voter's identification card for persons with disabilities or
11		a nursing home resident's identification card. Such
12		identification cards shall be issued for a period of 5 years,
13		upon the expiration of which time the voter may secure a new
14		card by making application in the same manner as is prescribed
15		for the issuance of an original card, accompanied by a new
16		affidavit of the attending physician, advanced practice
17		registered nurse, or a physician assistant. The date of
18		expiration of such five-year period shall be made known to any
19		interested person by the election authority upon the request of
20		such person. Applications for the renewal of the identification
21		cards shall be mailed to the voters holding such cards not less
22		than 3 months prior to the date of expiration of the cards.
23		Each voter's identification card for persons with
24		disabilities or nursing home resident's identification card
25		shall bear an identification number, which shall be clearly
26		noted on the voter's original and duplicate registration record

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1		cards. In the event the holder becomes physically capable of
2		resuming normal voting, he must surrender his voter's
3		identification card for persons with disabilities or nursing
4		home resident's identification card to the county clerk or
5		board of election commissioners before the next election.
6		The holder of a voter's identification card for persons
7		with disabilities or a nursing home resident's identification
8		card may make application by mail for an official ballot within
9		the time prescribed by Section 19-2. Such application shall
10		contain the same information as is included in the form of
11		application for ballot by a physically incapacitated elector
12		prescribed in Section 19-3 except that it shall also include
13		the applicant's voter's identification card for persons with
14		disabilities card number and except that it need not be sworn
15		to. If an examination of the records discloses that the
16		applicant is lawfully entitled to vote, he shall be mailed a
17		ballot as provided in Section 19-4. The ballot envelope shall
18		be the same as that prescribed in Section 19-5 for voters with
19		physical disabilities, and the manner of voting and returning
20		the ballot shall be the same as that provided in this Article
21		for other vote by mail ballots, except that a statement to be
22		subscribed to by the voter but which need not be sworn to shall
23		be placed on the ballot envelope in lieu of the affidavit
24		prescribed by Section 19-5.
25		Any person who knowingly subscribes to a false statement in
26		connection with voting under this Section shall be guilty of a

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1		Class A misdemeanor.
2		For the purposes of this Section, "nursing home resident"
3		includes a resident of (i) a federally operated veterans' home,
4		hospital, or facility located in Illinois or (ii) a facility
5		licensed under the ID/DD Community Care Act, the MC/DD Act, or
6		the Specialized Mental Health Rehabilitation Act of 2013. For
7		the purposes of this Section, "federally operated veterans'
8		home, hospital, or facility" means the long-term care
9		facilities at the Jesse Brown VA Medical Center, Illiana Health
10		Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
11		Center, and Captain James A. Lovell Federal Health Care Center.
12		(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
13		99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff.
14		1-1-17; 99-642, eff. 6-28-16.)
15		(10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
16		Sec. 19-13. Any qualified voter who has been admitted to a
17		hospital, nursing home, or rehabilitation center due to an
18		illness or physical injury not more than 14 days before an
19		election shall be entitled to personal delivery of a vote by
20		mail ballot in the hospital, nursing home, or rehabilitation
21		center subject to the following conditions:
22		(1) The voter completes the Application for Physically
23		Incapacitated Elector as provided in Section 19-3, stating as
24		reasons therein that he is a patient in ............... (name
25		of hospital/home/center), ............... located at,

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1		............... (address of hospital/home/center),
2		............... (county, city/village), was admitted for
3		............... (nature of illness or physical injury), on
4		............... (date of admission), and does not expect to be
5		released from the hospital/home/center on or before the day of
6		election or, if released, is expected to be homebound on the
7		day of the election and unable to travel to the polling place.
8		(2) The voter's physician, advanced practice registered
9		nurse, or physician assistant completes a Certificate of
10		Attending Health Care Professional in a form substantially as
11		follows:
12		CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL
13		I state that I am a physician, advanced practice registered
14		nurse, or physician assistant, duly licensed to practice in the
15		State of .........; that .......... is a patient in ..........
16		(name of hospital/home/center), located at .............
17		(address of hospital/home/center), ................. (county,
18		city/village); that such individual was admitted for
19		............. (nature of illness or physical injury), on
20		............ (date of admission); and that I have examined such
21		individual in the State in which I am licensed to practice and
22		do not expect such individual to be released from the
23		hospital/home/center on or before the day of election or, if
24		released, to be able to travel to the polling place on election
25		day.
26		Under penalties as provided by law pursuant to Section

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1		29-10 of The Election Code, the undersigned certifies that the
2		statements set forth in this certification are true and
3		correct.
4		(Signature) ...............
5		(Date licensed) ............
6		(3) Any person who is registered to vote in the same
7		precinct as the admitted voter or any legal relative of the
8		admitted voter may present such voter's vote by mail ballot
9		application, completed as prescribed in paragraph 1,
10		accompanied by the physician's, advanced practice registered
11		nurse's, or a physician assistant's certificate, completed as
12		prescribed in paragraph 2, to the election authority. Such
13		precinct voter or relative shall execute and sign an affidavit
14		furnished by the election authority attesting that he is a
15		registered voter in the same precinct as the admitted voter or
16		that he is a legal relative of the admitted voter and stating
17		the nature of the relationship. Such precinct voter or relative
18		shall further attest that he has been authorized by the
19		admitted voter to obtain his or her vote by mail ballot from
20		the election authority and deliver such ballot to him in the
21		hospital, home, or center.
22		Upon receipt of the admitted voter's application,
23		physician's, advanced practice registered nurse's, or a
24		physician assistant's certificate, and the affidavit of the
25		precinct voter or the relative, the election authority shall
26		examine the registration records to determine if the applicant

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1		is qualified to vote and, if found to be qualified, shall
2		provide the precinct voter or the relative the vote by mail
3		ballot for delivery to the applicant.
4		Upon receipt of the vote by mail ballot, the admitted voter
5		shall mark the ballot in secret and subscribe to the
6		certifications on the vote by mail ballot return envelope.
7		After depositing the ballot in the return envelope and securely
8		sealing the envelope, such voter shall give the envelope to the
9		precinct voter or the relative who shall deliver it to the
10		election authority in sufficient time for the ballot to be
11		delivered by the election authority to the election authority's
12		central ballot counting location before 7 p.m. on election day.
13		Upon receipt of the admitted voter's vote by mail ballot,
14		the ballot shall be counted in the manner prescribed in this
15		Article.
16		(Source: P.A. 98-1171, eff. 6-1-15; 99-581, eff. 1-1-17.)
17		Section 20. The Illinois Identification Card Act is amended
18		by changing Section 4 as follows:
19		(15 ILCS 335/4) (from Ch. 124, par. 24)
20		(Text of Section before amendment by P.A. 99-907)
21		Sec. 4. Identification card.
22		(a) The Secretary of State shall issue a standard Illinois
23		Identification Card to any natural person who is a resident of
24		the State of Illinois who applies for such card, or renewal

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1		thereof, or who applies for a standard Illinois Identification
2		Card upon release as a committed person on parole, mandatory
3		supervised release, aftercare release, final discharge, or
4		pardon from the Department of Corrections or Department of
5		Juvenile Justice by submitting an identification card issued by
6		the Department of Corrections or Department of Juvenile Justice
7		under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
8		Corrections, together with the prescribed fees. No
9		identification card shall be issued to any person who holds a
10		valid foreign state identification card, license, or permit
11		unless the person first surrenders to the Secretary of State
12		the valid foreign state identification card, license, or
13		permit. The card shall be prepared and supplied by the
14		Secretary of State and shall include a photograph and signature
15		or mark of the applicant. However, the Secretary of State may
16		provide by rule for the issuance of Illinois Identification
17		Cards without photographs if the applicant has a bona fide
18		religious objection to being photographed or to the display of
19		his or her photograph. The Illinois Identification Card may be
20		used for identification purposes in any lawful situation only
21		by the person to whom it was issued. As used in this Act,
22		"photograph" means any color photograph or digitally produced
23		and captured image of an applicant for an identification card.
24		As used in this Act, "signature" means the name of a person as
25		written by that person and captured in a manner acceptable to
26		the Secretary of State.

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1		(a-5) If an applicant for an identification card has a
2		current driver's license or instruction permit issued by the
3		Secretary of State, the Secretary may require the applicant to
4		utilize the same residence address and name on the
5		identification card, driver's license, and instruction permit
6		records maintained by the Secretary. The Secretary may
7		promulgate rules to implement this provision.
8		(a-10) If the applicant is a judicial officer as defined in
9		Section 1-10 of the Judicial Privacy Act or a peace officer,
10		the applicant may elect to have his or her office or work
11		address listed on the card instead of the applicant's residence
12		or mailing address. The Secretary may promulgate rules to
13		implement this provision. For the purposes of this subsection
14		(a-10), "peace officer" means any person who by virtue of his
15		or her office or public employment is vested by law with a duty
16		to maintain public order or to make arrests for a violation of
17		any penal statute of this State, whether that duty extends to
18		all violations or is limited to specific violations.
19		(a-15) The Secretary of State may provide for an expedited
20		process for the issuance of an Illinois Identification Card.
21		The Secretary shall charge an additional fee for the expedited
22		issuance of an Illinois Identification Card, to be set by rule,
23		not to exceed $75. All fees collected by the Secretary for
24		expedited Illinois Identification Card service shall be
25		deposited into the Secretary of State Special Services Fund.
26		The Secretary may adopt rules regarding the eligibility,

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1		process, and fee for an expedited Illinois Identification Card.
2		If the Secretary of State determines that the volume of
3		expedited identification card requests received on a given day
4		exceeds the ability of the Secretary to process those requests
5		in an expedited manner, the Secretary may decline to provide
6		expedited services, and the additional fee for the expedited
7		service shall be refunded to the applicant.
8		(b) The Secretary of State shall issue a special Illinois
9		Identification Card, which shall be known as an Illinois Person
10		with a Disability Identification Card, to any natural person
11		who is a resident of the State of Illinois, who is a person
12		with a disability as defined in Section 4A of this Act, who
13		applies for such card, or renewal thereof. No Illinois Person
14		with a Disability Identification Card shall be issued to any
15		person who holds a valid foreign state identification card,
16		license, or permit unless the person first surrenders to the
17		Secretary of State the valid foreign state identification card,
18		license, or permit. The Secretary of State shall charge no fee
19		to issue such card. The card shall be prepared and supplied by
20		the Secretary of State, and shall include a photograph and
21		signature or mark of the applicant, a designation indicating
22		that the card is an Illinois Person with a Disability
23		Identification Card, and shall include a comprehensible
24		designation of the type and classification of the applicant's
25		disability as set out in Section 4A of this Act. However, the
26		Secretary of State may provide by rule for the issuance of

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1		Illinois Person with a Disability Identification Cards without
2		photographs if the applicant has a bona fide religious
3		objection to being photographed or to the display of his or her
4		photograph. If the applicant so requests, the card shall
5		include a description of the applicant's disability and any
6		information about the applicant's disability or medical
7		history which the Secretary determines would be helpful to the
8		applicant in securing emergency medical care. If a mark is used
9		in lieu of a signature, such mark shall be affixed to the card
10		in the presence of two witnesses who attest to the authenticity
11		of the mark. The Illinois Person with a Disability
12		Identification Card may be used for identification purposes in
13		any lawful situation by the person to whom it was issued.
14		The Illinois Person with a Disability Identification Card
15		may be used as adequate documentation of disability in lieu of
16		a physician's determination of disability, a determination of
17		disability from a physician assistant, a determination of
18		disability from an advanced practice registered nurse, or any
19		other documentation of disability whenever any State law
20		requires that a person with a disability provide such
21		documentation of disability, however an Illinois Person with a
22		Disability Identification Card shall not qualify the
23		cardholder to participate in any program or to receive any
24		benefit which is not available to all persons with like
25		disabilities. Notwithstanding any other provisions of law, an
26		Illinois Person with a Disability Identification Card, or

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1		evidence that the Secretary of State has issued an Illinois
2		Person with a Disability Identification Card, shall not be used
3		by any person other than the person named on such card to prove
4		that the person named on such card is a person with a
5		disability or for any other purpose unless the card is used for
6		the benefit of the person named on such card, and the person
7		named on such card consents to such use at the time the card is
8		so used.
9		An optometrist's determination of a visual disability
10		under Section 4A of this Act is acceptable as documentation for
11		the purpose of issuing an Illinois Person with a Disability
12		Identification Card.
13		When medical information is contained on an Illinois Person
14		with a Disability Identification Card, the Office of the
15		Secretary of State shall not be liable for any actions taken
16		based upon that medical information.
17		(c) The Secretary of State shall provide that each original
18		or renewal Illinois Identification Card or Illinois Person with
19		a Disability Identification Card issued to a person under the
20		age of 21 shall be of a distinct nature from those Illinois
21		Identification Cards or Illinois Person with a Disability
22		Identification Cards issued to individuals 21 years of age or
23		older. The color designated for Illinois Identification Cards
24		or Illinois Person with a Disability Identification Cards for
25		persons under the age of 21 shall be at the discretion of the
26		Secretary of State.

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1		(c-1) Each original or renewal Illinois Identification
2		Card or Illinois Person with a Disability Identification Card
3		issued to a person under the age of 21 shall display the date
4		upon which the person becomes 18 years of age and the date upon
5		which the person becomes 21 years of age.
6		(c-3) The General Assembly recognizes the need to identify
7		military veterans living in this State for the purpose of
8		ensuring that they receive all of the services and benefits to
9		which they are legally entitled, including healthcare,
10		education assistance, and job placement. To assist the State in
11		identifying these veterans and delivering these vital services
12		and benefits, the Secretary of State is authorized to issue
13		Illinois Identification Cards and Illinois Person with a
14		Disability Identification Cards with the word "veteran"
15		appearing on the face of the cards. This authorization is
16		predicated on the unique status of veterans. The Secretary may
17		not issue any other identification card which identifies an
18		occupation, status, affiliation, hobby, or other unique
19		characteristics of the identification card holder which is
20		unrelated to the purpose of the identification card.
21		(c-5) Beginning on or before July 1, 2015, the Secretary of
22		State shall designate a space on each original or renewal
23		identification card where, at the request of the applicant, the
24		word "veteran" shall be placed. The veteran designation shall
25		be available to a person identified as a veteran under
26		subsection (b) of Section 5 of this Act who was discharged or

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1		separated under honorable conditions.
2		(d) The Secretary of State may issue a Senior Citizen
3		discount card, to any natural person who is a resident of the
4		State of Illinois who is 60 years of age or older and who
5		applies for such a card or renewal thereof. The Secretary of
6		State shall charge no fee to issue such card. The card shall be
7		issued in every county and applications shall be made available
8		at, but not limited to, nutrition sites, senior citizen centers
9		and Area Agencies on Aging. The applicant, upon receipt of such
10		card and prior to its use for any purpose, shall have affixed
11		thereon in the space provided therefor his signature or mark.
12		(e) The Secretary of State, in his or her discretion, may
13		designate on each Illinois Identification Card or Illinois
14		Person with a Disability Identification Card a space where the
15		card holder may place a sticker or decal, issued by the
16		Secretary of State, of uniform size as the Secretary may
17		specify, that shall indicate in appropriate language that the
18		card holder has renewed his or her Illinois Identification Card
19		or Illinois Person with a Disability Identification Card.
20		(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
21		98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
22		7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
23		eff. 7-28-16.)
24		(Text of Section after amendment by P.A. 99-907)
25		Sec. 4. Identification Card.

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1		(a) The Secretary of State shall issue a standard Illinois
2		Identification Card to any natural person who is a resident of
3		the State of Illinois who applies for such card, or renewal
4		thereof. No identification card shall be issued to any person
5		who holds a valid foreign state identification card, license,
6		or permit unless the person first surrenders to the Secretary
7		of State the valid foreign state identification card, license,
8		or permit. The card shall be prepared and supplied by the
9		Secretary of State and shall include a photograph and signature
10		or mark of the applicant. However, the Secretary of State may
11		provide by rule for the issuance of Illinois Identification
12		Cards without photographs if the applicant has a bona fide
13		religious objection to being photographed or to the display of
14		his or her photograph. The Illinois Identification Card may be
15		used for identification purposes in any lawful situation only
16		by the person to whom it was issued. As used in this Act,
17		"photograph" means any color photograph or digitally produced
18		and captured image of an applicant for an identification card.
19		As used in this Act, "signature" means the name of a person as
20		written by that person and captured in a manner acceptable to
21		the Secretary of State.
22		(a-5) If an applicant for an identification card has a
23		current driver's license or instruction permit issued by the
24		Secretary of State, the Secretary may require the applicant to
25		utilize the same residence address and name on the
26		identification card, driver's license, and instruction permit

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1		records maintained by the Secretary. The Secretary may
2		promulgate rules to implement this provision.
3		(a-10) If the applicant is a judicial officer as defined in
4		Section 1-10 of the Judicial Privacy Act or a peace officer,
5		the applicant may elect to have his or her office or work
6		address listed on the card instead of the applicant's residence
7		or mailing address. The Secretary may promulgate rules to
8		implement this provision. For the purposes of this subsection
9		(a-10), "peace officer" means any person who by virtue of his
10		or her office or public employment is vested by law with a duty
11		to maintain public order or to make arrests for a violation of
12		any penal statute of this State, whether that duty extends to
13		all violations or is limited to specific violations.
14		(a-15) The Secretary of State may provide for an expedited
15		process for the issuance of an Illinois Identification Card.
16		The Secretary shall charge an additional fee for the expedited
17		issuance of an Illinois Identification Card, to be set by rule,
18		not to exceed $75. All fees collected by the Secretary for
19		expedited Illinois Identification Card service shall be
20		deposited into the Secretary of State Special Services Fund.
21		The Secretary may adopt rules regarding the eligibility,
22		process, and fee for an expedited Illinois Identification Card.
23		If the Secretary of State determines that the volume of
24		expedited identification card requests received on a given day
25		exceeds the ability of the Secretary to process those requests
26		in an expedited manner, the Secretary may decline to provide

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1		expedited services, and the additional fee for the expedited
2		service shall be refunded to the applicant.
3		(a-20) The Secretary of State shall issue a standard
4		Illinois Identification Card to a committed person upon release
5		on parole, mandatory supervised release, aftercare release,
6		final discharge, or pardon from the Department of Corrections
7		or Department of Juvenile Justice, if the released person
8		presents a certified copy of his or her birth certificate,
9		social security card or other documents authorized by the
10		Secretary, and 2 documents proving his or her Illinois
11		residence address. Documents proving residence address may
12		include any official document of the Department of Corrections
13		or the Department of Juvenile Justice showing the released
14		person's address after release and a Secretary of State
15		prescribed certificate of residency form, which may be executed
16		by Department of Corrections or Department of Juvenile Justice
17		personnel.
18		(a-25) The Secretary of State shall issue a limited-term
19		Illinois Identification Card valid for 90 days to a committed
20		person upon release on parole, mandatory supervised release,
21		aftercare release, final discharge, or pardon from the
22		Department of Corrections or Department of Juvenile Justice, if
23		the released person is unable to present a certified copy of
24		his or her birth certificate and social security card or other
25		documents authorized by the Secretary, but does present a
26		Secretary of State prescribed verification form completed by

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1		the Department of Corrections or Department of Juvenile
2		Justice, verifying the released person's date of birth and
3		social security number and 2 documents proving his or her
4		Illinois residence address. The verification form must have
5		been completed no more than 30 days prior to the date of
6		application for the Illinois Identification Card. Documents
7		proving residence address shall include any official document
8		of the Department of Corrections or the Department of Juvenile
9		Justice showing the person's address after release and a
10		Secretary of State prescribed certificate of residency, which
11		may be executed by Department of Corrections or Department of
12		Juvenile Justice personnel.
13		Prior to the expiration of the 90-day period of the
14		limited-term Illinois Identification Card, if the released
15		person submits to the Secretary of State a certified copy of
16		his or her birth certificate and his or her social security
17		card or other documents authorized by the Secretary, a standard
18		Illinois Identification Card shall be issued. A limited-term
19		Illinois Identification Card may not be renewed.
20		(b) The Secretary of State shall issue a special Illinois
21		Identification Card, which shall be known as an Illinois Person
22		with a Disability Identification Card, to any natural person
23		who is a resident of the State of Illinois, who is a person
24		with a disability as defined in Section 4A of this Act, who
25		applies for such card, or renewal thereof. No Illinois Person
26		with a Disability Identification Card shall be issued to any

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1		person who holds a valid foreign state identification card,
2		license, or permit unless the person first surrenders to the
3		Secretary of State the valid foreign state identification card,
4		license, or permit. The Secretary of State shall charge no fee
5		to issue such card. The card shall be prepared and supplied by
6		the Secretary of State, and shall include a photograph and
7		signature or mark of the applicant, a designation indicating
8		that the card is an Illinois Person with a Disability
9		Identification Card, and shall include a comprehensible
10		designation of the type and classification of the applicant's
11		disability as set out in Section 4A of this Act. However, the
12		Secretary of State may provide by rule for the issuance of
13		Illinois Person with a Disability Identification Cards without
14		photographs if the applicant has a bona fide religious
15		objection to being photographed or to the display of his or her
16		photograph. If the applicant so requests, the card shall
17		include a description of the applicant's disability and any
18		information about the applicant's disability or medical
19		history which the Secretary determines would be helpful to the
20		applicant in securing emergency medical care. If a mark is used
21		in lieu of a signature, such mark shall be affixed to the card
22		in the presence of two witnesses who attest to the authenticity
23		of the mark. The Illinois Person with a Disability
24		Identification Card may be used for identification purposes in
25		any lawful situation by the person to whom it was issued.
26		The Illinois Person with a Disability Identification Card

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1		may be used as adequate documentation of disability in lieu of
2		a physician's determination of disability, a determination of
3		disability from a physician assistant, a determination of
4		disability from an advanced practice registered nurse, or any
5		other documentation of disability whenever any State law
6		requires that a person with a disability provide such
7		documentation of disability, however an Illinois Person with a
8		Disability Identification Card shall not qualify the
9		cardholder to participate in any program or to receive any
10		benefit which is not available to all persons with like
11		disabilities. Notwithstanding any other provisions of law, an
12		Illinois Person with a Disability Identification Card, or
13		evidence that the Secretary of State has issued an Illinois
14		Person with a Disability Identification Card, shall not be used
15		by any person other than the person named on such card to prove
16		that the person named on such card is a person with a
17		disability or for any other purpose unless the card is used for
18		the benefit of the person named on such card, and the person
19		named on such card consents to such use at the time the card is
20		so used.
21		An optometrist's determination of a visual disability
22		under Section 4A of this Act is acceptable as documentation for
23		the purpose of issuing an Illinois Person with a Disability
24		Identification Card.
25		When medical information is contained on an Illinois Person
26		with a Disability Identification Card, the Office of the

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1		Secretary of State shall not be liable for any actions taken
2		based upon that medical information.
3		(c) The Secretary of State shall provide that each original
4		or renewal Illinois Identification Card or Illinois Person with
5		a Disability Identification Card issued to a person under the
6		age of 21 shall be of a distinct nature from those Illinois
7		Identification Cards or Illinois Person with a Disability
8		Identification Cards issued to individuals 21 years of age or
9		older. The color designated for Illinois Identification Cards
10		or Illinois Person with a Disability Identification Cards for
11		persons under the age of 21 shall be at the discretion of the
12		Secretary of State.
13		(c-1) Each original or renewal Illinois Identification
14		Card or Illinois Person with a Disability Identification Card
15		issued to a person under the age of 21 shall display the date
16		upon which the person becomes 18 years of age and the date upon
17		which the person becomes 21 years of age.
18		(c-3) The General Assembly recognizes the need to identify
19		military veterans living in this State for the purpose of
20		ensuring that they receive all of the services and benefits to
21		which they are legally entitled, including healthcare,
22		education assistance, and job placement. To assist the State in
23		identifying these veterans and delivering these vital services
24		and benefits, the Secretary of State is authorized to issue
25		Illinois Identification Cards and Illinois Person with a
26		Disability Identification Cards with the word "veteran"

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1		appearing on the face of the cards. This authorization is
2		predicated on the unique status of veterans. The Secretary may
3		not issue any other identification card which identifies an
4		occupation, status, affiliation, hobby, or other unique
5		characteristics of the identification card holder which is
6		unrelated to the purpose of the identification card.
7		(c-5) Beginning on or before July 1, 2015, the Secretary of
8		State shall designate a space on each original or renewal
9		identification card where, at the request of the applicant, the
10		word "veteran" shall be placed. The veteran designation shall
11		be available to a person identified as a veteran under
12		subsection (b) of Section 5 of this Act who was discharged or
13		separated under honorable conditions.
14		(d) The Secretary of State may issue a Senior Citizen
15		discount card, to any natural person who is a resident of the
16		State of Illinois who is 60 years of age or older and who
17		applies for such a card or renewal thereof. The Secretary of
18		State shall charge no fee to issue such card. The card shall be
19		issued in every county and applications shall be made available
20		at, but not limited to, nutrition sites, senior citizen centers
21		and Area Agencies on Aging. The applicant, upon receipt of such
22		card and prior to its use for any purpose, shall have affixed
23		thereon in the space provided therefor his signature or mark.
24		(e) The Secretary of State, in his or her discretion, may
25		designate on each Illinois Identification Card or Illinois
26		Person with a Disability Identification Card a space where the

HB0313 Engrossed - 27 - LRB100 04130 SMS 14135 b
1		card holder may place a sticker or decal, issued by the
2		Secretary of State, of uniform size as the Secretary may
3		specify, that shall indicate in appropriate language that the
4		card holder has renewed his or her Illinois Identification Card
5		or Illinois Person with a Disability Identification Card.
6		(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
7		98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
8		7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
9		eff. 7-28-16; 99-907, eff. 7-1-17.)
10		Section 25. The Alcoholism and Other Drug Abuse and
11		Dependency Act is amended by changing Section 5-23 as follows:
12		(20 ILCS 301/5-23)
13		Sec. 5-23. Drug Overdose Prevention Program.
14		(a) Reports of drug overdose.
15		(1) The Director of the Division of Alcoholism and
16		Substance Abuse shall publish annually a report on drug
17		overdose trends statewide that reviews State death rates
18		from available data to ascertain changes in the causes or
19		rates of fatal and nonfatal drug overdose. The report shall
20		also provide information on interventions that would be
21		effective in reducing the rate of fatal or nonfatal drug
22		overdose and shall include an analysis of drug overdose
23		information reported to the Department of Public Health
24		pursuant to subsection (e) of Section 3-3013 of the

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1		Counties Code, Section 6.14g of the Hospital Licensing Act,
2		and subsection (j) of Section 22-30 of the School Code.
3		(2) The report may include:
4		(A) Trends in drug overdose death rates.
5		(B) Trends in emergency room utilization related
6		to drug overdose and the cost impact of emergency room
7		utilization.
8		(C) Trends in utilization of pre-hospital and
9		emergency services and the cost impact of emergency
10		services utilization.
11		(D) Suggested improvements in data collection.
12		(E) A description of other interventions effective
13		in reducing the rate of fatal or nonfatal drug
14		overdose.
15		(F) A description of efforts undertaken to educate
16		the public about unused medication and about how to
17		properly dispose of unused medication, including the
18		number of registered collection receptacles in this
19		State, mail-back programs, and drug take-back events.
20		(b) Programs; drug overdose prevention.
21		(1) The Director may establish a program to provide for
22		the production and publication, in electronic and other
23		formats, of drug overdose prevention, recognition, and
24		response literature. The Director may develop and
25		disseminate curricula for use by professionals,
26		organizations, individuals, or committees interested in

HB0313 Engrossed - 29 - LRB100 04130 SMS 14135 b
1		the prevention of fatal and nonfatal drug overdose,
2		including, but not limited to, drug users, jail and prison
3		personnel, jail and prison inmates, drug treatment
4		professionals, emergency medical personnel, hospital
5		staff, families and associates of drug users, peace
6		officers, firefighters, public safety officers, needle
7		exchange program staff, and other persons. In addition to
8		information regarding drug overdose prevention,
9		recognition, and response, literature produced by the
10		Department shall stress that drug use remains illegal and
11		highly dangerous and that complete abstinence from illegal
12		drug use is the healthiest choice. The literature shall
13		provide information and resources for substance abuse
14		treatment.
15		The Director may establish or authorize programs for
16		prescribing, dispensing, or distributing opioid
17		antagonists for the treatment of drug overdose. Such
18		programs may include the prescribing of opioid antagonists
19		for the treatment of drug overdose to a person who is not
20		at risk of opioid overdose but who, in the judgment of the
21		health care professional, may be in a position to assist
22		another individual during an opioid-related drug overdose
23		and who has received basic instruction on how to administer
24		an opioid antagonist.
25		(2) The Director may provide advice to State and local
26		officials on the growing drug overdose crisis, including

HB0313 Engrossed - 30 - LRB100 04130 SMS 14135 b
1		the prevalence of drug overdose incidents, programs
2		promoting the disposal of unused prescription drugs,
3		trends in drug overdose incidents, and solutions to the
4		drug overdose crisis.
5		(c) Grants.
6		(1) The Director may award grants, in accordance with
7		this subsection, to create or support local drug overdose
8		prevention, recognition, and response projects. Local
9		health departments, correctional institutions, hospitals,
10		universities, community-based organizations, and
11		faith-based organizations may apply to the Department for a
12		grant under this subsection at the time and in the manner
13		the Director prescribes.
14		(2) In awarding grants, the Director shall consider the
15		necessity for overdose prevention projects in various
16		settings and shall encourage all grant applicants to
17		develop interventions that will be effective and viable in
18		their local areas.
19		(3) The Director shall give preference for grants to
20		proposals that, in addition to providing life-saving
21		interventions and responses, provide information to drug
22		users on how to access drug treatment or other strategies
23		for abstaining from illegal drugs. The Director shall give
24		preference to proposals that include one or more of the
25		following elements:
26		(A) Policies and projects to encourage persons,

HB0313 Engrossed - 31 - LRB100 04130 SMS 14135 b
1		including drug users, to call 911 when they witness a
2		potentially fatal drug overdose.
3		(B) Drug overdose prevention, recognition, and
4		response education projects in drug treatment centers,
5		outreach programs, and other organizations that work
6		with, or have access to, drug users and their families
7		and communities.
8		(C) Drug overdose recognition and response
9		training, including rescue breathing, in drug
10		treatment centers and for other organizations that
11		work with, or have access to, drug users and their
12		families and communities.
13		(D) The production and distribution of targeted or
14		mass media materials on drug overdose prevention and
15		response, the potential dangers of keeping unused
16		prescription drugs in the home, and methods to properly
17		dispose of unused prescription drugs.
18		(E) Prescription and distribution of opioid
19		antagonists.
20		(F) The institution of education and training
21		projects on drug overdose response and treatment for
22		emergency services and law enforcement personnel.
23		(G) A system of parent, family, and survivor
24		education and mutual support groups.
25		(4) In addition to moneys appropriated by the General
26		Assembly, the Director may seek grants from private

HB0313 Engrossed - 32 - LRB100 04130 SMS 14135 b
1		foundations, the federal government, and other sources to
2		fund the grants under this Section and to fund an
3		evaluation of the programs supported by the grants.
4		(d) Health care professional prescription of opioid
5		antagonists.
6		(1) A health care professional who, acting in good
7		faith, directly or by standing order, prescribes or
8		dispenses an opioid antagonist to: (a) a patient who, in
9		the judgment of the health care professional, is capable of
10		administering the drug in an emergency, or (b) a person who
11		is not at risk of opioid overdose but who, in the judgment
12		of the health care professional, may be in a position to
13		assist another individual during an opioid-related drug
14		overdose and who has received basic instruction on how to
15		administer an opioid antagonist shall not, as a result of
16		his or her acts or omissions, be subject to: (i) any
17		disciplinary or other adverse action under the Medical
18		Practice Act of 1987, the Physician Assistant Practice Act
19		of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
20		or any other professional licensing statute or (ii) any
21		criminal liability, except for willful and wanton
22		misconduct.
23		(2) A person who is not otherwise licensed to
24		administer an opioid antagonist may in an emergency
25		administer without fee an opioid antagonist if the person
26		has received the patient information specified in

HB0313 Engrossed - 33 - LRB100 04130 SMS 14135 b
1		paragraph (4) of this subsection and believes in good faith
2		that another person is experiencing a drug overdose. The
3		person shall not, as a result of his or her acts or
4		omissions, be (i) liable for any violation of the Medical
5		Practice Act of 1987, the Physician Assistant Practice Act
6		of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
7		or any other professional licensing statute, or (ii)
8		subject to any criminal prosecution or civil liability,
9		except for willful and wanton misconduct.
10		(3) A health care professional prescribing an opioid
11		antagonist to a patient shall ensure that the patient
12		receives the patient information specified in paragraph
13		(4) of this subsection. Patient information may be provided
14		by the health care professional or a community-based
15		organization, substance abuse program, or other
16		organization with which the health care professional
17		establishes a written agreement that includes a
18		description of how the organization will provide patient
19		information, how employees or volunteers providing
20		information will be trained, and standards for documenting
21		the provision of patient information to patients.
22		Provision of patient information shall be documented in the
23		patient's medical record or through similar means as
24		determined by agreement between the health care
25		professional and the organization. The Director of the
26		Division of Alcoholism and Substance Abuse, in

HB0313 Engrossed - 34 - LRB100 04130 SMS 14135 b
1		consultation with statewide organizations representing
2		physicians, pharmacists, advanced practice registered
3		nurses, physician assistants, substance abuse programs,
4		and other interested groups, shall develop and disseminate
5		to health care professionals, community-based
6		organizations, substance abuse programs, and other
7		organizations training materials in video, electronic, or
8		other formats to facilitate the provision of such patient
9		information.
10		(4) For the purposes of this subsection:
11		"Opioid antagonist" means a drug that binds to opioid
12		receptors and blocks or inhibits the effect of opioids
13		acting on those receptors, including, but not limited to,
14		naloxone hydrochloride or any other similarly acting drug
15		approved by the U.S. Food and Drug Administration.
16		"Health care professional" means a physician licensed
17		to practice medicine in all its branches, a licensed
18		physician assistant with prescriptive authority, a
19		licensed advanced practice registered nurse with
20		prescriptive authority, an advanced practice registered
21		nurse or physician assistant who practices in a hospital,
22		hospital affiliate, or ambulatory surgical treatment
23		center and possesses appropriate clinical privileges in
24		accordance with the Nurse Practice Act, or a pharmacist
25		licensed to practice pharmacy under the Pharmacy Practice
26		Act.

HB0313 Engrossed - 35 - LRB100 04130 SMS 14135 b
1		"Patient" includes a person who is not at risk of
2		opioid overdose but who, in the judgment of the physician,
3		advanced practice registered nurse, or physician
4		assistant, may be in a position to assist another
5		individual during an overdose and who has received patient
6		information as required in paragraph (2) of this subsection
7		on the indications for and administration of an opioid
8		antagonist.
9		"Patient information" includes information provided to
10		the patient on drug overdose prevention and recognition;
11		how to perform rescue breathing and resuscitation; opioid
12		antagonist dosage and administration; the importance of
13		calling 911; care for the overdose victim after
14		administration of the overdose antagonist; and other
15		issues as necessary.
16		(e) Drug overdose response policy.
17		(1) Every State and local government agency that
18		employs a law enforcement officer or fireman as those terms
19		are defined in the Line of Duty Compensation Act must
20		possess opioid antagonists and must establish a policy to
21		control the acquisition, storage, transportation, and
22		administration of such opioid antagonists and to provide
23		training in the administration of opioid antagonists. A
24		State or local government agency that employs a fireman as
25		defined in the Line of Duty Compensation Act but does not
26		respond to emergency medical calls or provide medical

HB0313 Engrossed - 36 - LRB100 04130 SMS 14135 b
1		services shall be exempt from this subsection.
2		(2) Every publicly or privately owned ambulance,
3		special emergency medical services vehicle, non-transport
4		vehicle, or ambulance assist vehicle, as described in the
5		Emergency Medical Services (EMS) Systems Act, which
6		responds to requests for emergency services or transports
7		patients between hospitals in emergency situations must
8		possess opioid antagonists.
9		(3) Entities that are required under paragraphs (1) and
10		(2) to possess opioid antagonists may also apply to the
11		Department for a grant to fund the acquisition of opioid
12		antagonists and training programs on the administration of
13		opioid antagonists.
14		(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
15		99-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)
16		Section 30. The Department of Central Management Services
17		Law of the Civil Administrative Code of Illinois is amended by
18		changing Section 405-105 as follows:
19		(20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
20		Sec. 405-105. Fidelity, surety, property, and casualty
21		insurance. The Department shall establish and implement a
22		program to coordinate the handling of all fidelity, surety,
23		property, and casualty insurance exposures of the State and the
24		departments, divisions, agencies, branches, and universities

HB0313 Engrossed - 37 - LRB100 04130 SMS 14135 b
1		of the State. In performing this responsibility, the Department
2		shall have the power and duty to do the following:
3		(1) Develop and maintain loss and exposure data on all
4		State property.
5		(2) Study the feasibility of establishing a
6		self-insurance plan for State property and prepare
7		estimates of the costs of reinsurance for risks beyond the
8		realistic limits of the self-insurance.
9		(3) Prepare a plan for centralizing the purchase of
10		property and casualty insurance on State property under a
11		master policy or policies and purchase the insurance
12		contracted for as provided in the Illinois Purchasing Act.
13		(4) Evaluate existing provisions for fidelity bonds
14		required of State employees and recommend changes that are
15		appropriate commensurate with risk experience and the
16		determinations respecting self-insurance or reinsurance so
17		as to permit reduction of costs without loss of coverage.
18		(5) Investigate procedures for inclusion of school
19		districts, public community college districts, and other
20		units of local government in programs for the centralized
21		purchase of insurance.
22		(6) Implement recommendations of the State Property
23		Insurance Study Commission that the Department finds
24		necessary or desirable in the performance of its powers and
25		duties under this Section to achieve efficient and
26		comprehensive risk management.

HB0313 Engrossed - 38 - LRB100 04130 SMS 14135 b
1		(7) Prepare and, in the discretion of the Director,
2		implement a plan providing for the purchase of public
3		liability insurance or for self-insurance for public
4		liability or for a combination of purchased insurance and
5		self-insurance for public liability (i) covering the State
6		and drivers of motor vehicles owned, leased, or controlled
7		by the State of Illinois pursuant to the provisions and
8		limitations contained in the Illinois Vehicle Code, (ii)
9		covering other public liability exposures of the State and
10		its employees within the scope of their employment, and
11		(iii) covering drivers of motor vehicles not owned, leased,
12		or controlled by the State but used by a State employee on
13		State business, in excess of liability covered by an
14		insurance policy obtained by the owner of the motor vehicle
15		or in excess of the dollar amounts that the Department
16		shall determine to be reasonable. Any contract of insurance
17		let under this Law shall be by bid in accordance with the
18		procedure set forth in the Illinois Purchasing Act. Any
19		provisions for self-insurance shall conform to subdivision
20		(11).
21		The term "employee" as used in this subdivision (7) and
22		in subdivision (11) means a person while in the employ of
23		the State who is a member of the staff or personnel of a
24		State agency, bureau, board, commission, committee,
25		department, university, or college or who is a State
26		officer, elected official, commissioner, member of or ex

HB0313 Engrossed - 39 - LRB100 04130 SMS 14135 b
1		officio member of a State agency, bureau, board,
2		commission, committee, department, university, or college,
3		or a member of the National Guard while on active duty
4		pursuant to orders of the Governor of the State of
5		Illinois, or any other person while using a licensed motor
6		vehicle owned, leased, or controlled by the State of
7		Illinois with the authorization of the State of Illinois,
8		provided the actual use of the motor vehicle is within the
9		scope of that authorization and within the course of State
10		service.
11		Subsequent to payment of a claim on behalf of an
12		employee pursuant to this Section and after reasonable
13		advance written notice to the employee, the Director may
14		exclude the employee from future coverage or limit the
15		coverage under the plan if (i) the Director determines that
16		the claim resulted from an incident in which the employee
17		was grossly negligent or had engaged in willful and wanton
18		misconduct or (ii) the Director determines that the
19		employee is no longer an acceptable risk based on a review
20		of prior accidents in which the employee was at fault and
21		for which payments were made pursuant to this Section.
22		The Director is authorized to promulgate
23		administrative rules that may be necessary to establish and
24		administer the plan.
25		Appropriations from the Road Fund shall be used to pay
26		auto liability claims and related expenses involving

HB0313 Engrossed - 40 - LRB100 04130 SMS 14135 b
1		employees of the Department of Transportation, the
2		Illinois State Police, and the Secretary of State.
3		(8) Charge, collect, and receive from all other
4		agencies of the State government fees or monies equivalent
5		to the cost of purchasing the insurance.
6		(9) Establish, through the Director, charges for risk
7		management services rendered to State agencies by the
8		Department. The State agencies so charged shall reimburse
9		the Department by vouchers drawn against their respective
10		appropriations. The reimbursement shall be determined by
11		the Director as amounts sufficient to reimburse the
12		Department for expenditures incurred in rendering the
13		service.
14		The Department shall charge the employing State agency
15		or university for workers' compensation payments for
16		temporary total disability paid to any employee after the
17		employee has received temporary total disability payments
18		for 120 days if the employee's treating physician, advanced
19		practice registered nurse, or physician assistant has
20		issued a release to return to work with restrictions and
21		the employee is able to perform modified duty work but the
22		employing State agency or university does not return the
23		employee to work at modified duty. Modified duty shall be
24		duties assigned that may or may not be delineated as part
25		of the duties regularly performed by the employee. Modified
26		duties shall be assigned within the prescribed

HB0313 Engrossed - 41 - LRB100 04130 SMS 14135 b
1		restrictions established by the treating physician and the
2		physician who performed the independent medical
3		examination. The amount of all reimbursements shall be
4		deposited into the Workers' Compensation Revolving Fund
5		which is hereby created as a revolving fund in the State
6		treasury. In addition to any other purpose authorized by
7		law, moneys in the Fund shall be used, subject to
8		appropriation, to pay these or other temporary total
9		disability claims of employees of State agencies and
10		universities.
11		Beginning with fiscal year 1996, all amounts recovered
12		by the Department through subrogation in workers'
13		compensation and workers' occupational disease cases shall
14		be deposited into the Workers' Compensation Revolving Fund
15		created under this subdivision (9).
16		(10) Establish rules, procedures, and forms to be used
17		by State agencies in the administration and payment of
18		workers' compensation claims. For claims filed prior to
19		July 1, 2013, the Department shall initially evaluate and
20		determine the compensability of any injury that is the
21		subject of a workers' compensation claim and provide for
22		the administration and payment of such a claim for all
23		State agencies. For claims filed on or after July 1, 2013,
24		the Department shall retain responsibility for certain
25		administrative payments including, but not limited to,
26		payments to the private vendor contracted to perform

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1		services under subdivision (10b) of this Section, payments
2		related to travel expenses for employees of the Office of
3		the Attorney General, and payments to internal Department
4		staff responsible for the oversight and management of any
5		contract awarded pursuant to subdivision (10b) of this
6		Section. Through December 31, 2012, the Director may
7		delegate to any agency with the agreement of the agency
8		head the responsibility for evaluation, administration,
9		and payment of that agency's claims. Neither the Department
10		nor the private vendor contracted to perform services under
11		subdivision (10b) of this Section shall be responsible for
12		providing workers' compensation services to the Illinois
13		State Toll Highway Authority or to State universities that
14		maintain self-funded workers' compensation liability
15		programs.
16		(10a) By April 1 of each year prior to calendar year
17		2013, the Director must report and provide information to
18		the State Workers' Compensation Program Advisory Board
19		concerning the status of the State workers' compensation
20		program for the next fiscal year. Information that the
21		Director must provide to the State Workers' Compensation
22		Program Advisory Board includes, but is not limited to,
23		documents, reports of negotiations, bid invitations,
24		requests for proposals, specifications, copies of proposed
25		and final contracts or agreements, and any other materials
26		concerning contracts or agreements for the program. By the

HB0313 Engrossed - 43 - LRB100 04130 SMS 14135 b
1		first of each month prior to calendar year 2013, the
2		Director must provide updated, and any new, information to
3		the State Workers' Compensation Program Advisory Board
4		until the State workers' compensation program for the next
5		fiscal year is determined.
6		(10b) No later than January 1, 2013, the chief
7		procurement officer appointed under paragraph (4) of
8		subsection (a) of Section 10-20 of the Illinois Procurement
9		Code (hereinafter "chief procurement officer"), in
10		consultation with the Department of Central Management
11		Services, shall procure one or more private vendors to
12		administer the program providing payments for workers'
13		compensation liability with respect to the employees of all
14		State agencies. The chief procurement officer may procure a
15		single contract applicable to all State agencies or
16		multiple contracts applicable to one or more State
17		agencies. If the chief procurement officer procures a
18		single contract applicable to all State agencies, then the
19		Department of Central Management Services shall be
20		designated as the agency that enters into the contract and
21		shall be responsible for the contract. If the chief
22		procurement officer procures multiple contracts applicable
23		to one or more State agencies, each agency to which the
24		contract applies shall be designated as the agency that
25		shall enter into the contract and shall be responsible for
26		the contract. If the chief procurement officer procures

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1		contracts applicable to an individual State agency, the
2		agency subject to the contract shall be designated as the
3		agency responsible for the contract.
4		(10c) The procurement of private vendors for the
5		administration of the workers' compensation program for
6		State employees is subject to the provisions of the
7		Illinois Procurement Code and administration by the chief
8		procurement officer.
9		(10d) Contracts for the procurement of private vendors
10		for the administration of the workers' compensation
11		program for State employees shall be based upon, but
12		limited to, the following criteria: (i) administrative
13		cost, (ii) service capabilities of the vendor, and (iii)
14		the compensation (including premiums, fees, or other
15		charges). A vendor for the administration of the workers'
16		compensation program for State employees shall provide
17		services, including, but not limited to:
18		(A) providing a web-based case management system
19		and provide access to the Office of the Attorney
20		General;
21		(B) ensuring claims adjusters are available to
22		provide testimony or information as requested by the
23		Office of the Attorney General;
24		(C) establishing a preferred provider program for
25		all State agencies and facilities; and
26		(D) authorizing the payment of medical bills at the

HB0313 Engrossed - 45 - LRB100 04130 SMS 14135 b
1		preferred provider discount rate.
2		(10e) By September 15, 2012, the Department of Central
3		Management Services shall prepare a plan to effectuate the
4		transfer of responsibility and administration of the
5		workers' compensation program for State employees to the
6		selected private vendors. The Department shall submit a
7		copy of the plan to the General Assembly.
8		(11) Any plan for public liability self-insurance
9		implemented under this Section shall provide that (i) the
10		Department shall attempt to settle and may settle any
11		public liability claim filed against the State of Illinois
12		or any public liability claim filed against a State
13		employee on the basis of an occurrence in the course of the
14		employee's State employment; (ii) any settlement of such a
15		claim is not subject to fiscal year limitations and must be
16		approved by the Director and, in cases of settlements
17		exceeding $100,000, by the Governor; and (iii) a settlement
18		of any public liability claim against the State or a State
19		employee shall require an unqualified release of any right
20		of action against the State and the employee for acts
21		within the scope of the employee's employment giving rise
22		to the claim.
23		Whenever and to the extent that a State employee
24		operates a motor vehicle or engages in other activity
25		covered by self-insurance under this Section, the State of
26		Illinois shall defend, indemnify, and hold harmless the

HB0313 Engrossed - 46 - LRB100 04130 SMS 14135 b
1		employee against any claim in tort filed against the
2		employee for acts or omissions within the scope of the
3		employee's employment in any proper judicial forum and not
4		settled pursuant to this subdivision (11), provided that
5		this obligation of the State of Illinois shall not exceed a
6		maximum liability of $2,000,000 for any single occurrence
7		in connection with the operation of a motor vehicle or
8		$100,000 per person per occurrence for any other single
9		occurrence, or $500,000 for any single occurrence in
10		connection with the provision of medical care by a licensed
11		physician, advanced practice registered nurse, or
12		physician assistant employee.
13		Any claims against the State of Illinois under a
14		self-insurance plan that are not settled pursuant to this
15		subdivision (11) shall be heard and determined by the Court
16		of Claims and may not be filed or adjudicated in any other
17		forum. The Attorney General of the State of Illinois or the
18		Attorney General's designee shall be the attorney with
19		respect to all public liability self-insurance claims that
20		are not settled pursuant to this subdivision (11) and
21		therefore result in litigation. The payment of any award of
22		the Court of Claims entered against the State relating to
23		any public liability self-insurance claim shall act as a
24		release against any State employee involved in the
25		occurrence.
26		(12) Administer a plan the purpose of which is to make

HB0313 Engrossed - 47 - LRB100 04130 SMS 14135 b
1		payments on final settlements or final judgments in
2		accordance with the State Employee Indemnification Act.
3		The plan shall be funded through appropriations from the
4		General Revenue Fund specifically designated for that
5		purpose, except that indemnification expenses for
6		employees of the Department of Transportation, the
7		Illinois State Police, and the Secretary of State shall be
8		paid from the Road Fund. The term "employee" as used in
9		this subdivision (12) has the same meaning as under
10		subsection (b) of Section 1 of the State Employee
11		Indemnification Act. Subject to sufficient appropriation,
12		the Director shall approve payment of any claim, without
13		regard to fiscal year limitations, presented to the
14		Director that is supported by a final settlement or final
15		judgment when the Attorney General and the chief officer of
16		the public body against whose employee the claim or cause
17		of action is asserted certify to the Director that the
18		claim is in accordance with the State Employee
19		Indemnification Act and that they approve of the payment.
20		In no event shall an amount in excess of $150,000 be paid
21		from this plan to or for the benefit of any claimant.
22		(13) Administer a plan the purpose of which is to make
23		payments on final settlements or final judgments for
24		employee wage claims in situations where there was an
25		appropriation relevant to the wage claim, the fiscal year
26		and lapse period have expired, and sufficient funds were

HB0313 Engrossed - 48 - LRB100 04130 SMS 14135 b
1		available to pay the claim. The plan shall be funded
2		through appropriations from the General Revenue Fund
3		specifically designated for that purpose.
4		Subject to sufficient appropriation, the Director is
5		authorized to pay any wage claim presented to the Director
6		that is supported by a final settlement or final judgment
7		when the chief officer of the State agency employing the
8		claimant certifies to the Director that the claim is a
9		valid wage claim and that the fiscal year and lapse period
10		have expired. Payment for claims that are properly
11		submitted and certified as valid by the Director shall
12		include interest accrued at the rate of 7% per annum from
13		the forty-fifth day after the claims are received by the
14		Department or 45 days from the date on which the amount of
15		payment is agreed upon, whichever is later, until the date
16		the claims are submitted to the Comptroller for payment.
17		When the Attorney General has filed an appearance in any
18		proceeding concerning a wage claim settlement or judgment,
19		the Attorney General shall certify to the Director that the
20		wage claim is valid before any payment is made. In no event
21		shall an amount in excess of $150,000 be paid from this
22		plan to or for the benefit of any claimant.
23		Nothing in Public Act 84-961 shall be construed to
24		affect in any manner the jurisdiction of the Court of
25		Claims concerning wage claims made against the State of
26		Illinois.

HB0313 Engrossed - 49 - LRB100 04130 SMS 14135 b
1		(14) Prepare and, in the discretion of the Director,
2		implement a program for self-insurance for official
3		fidelity and surety bonds for officers and employees as
4		authorized by the Official Bond Act.
5		(Source: P.A. 99-581, eff. 1-1-17.)
6		Section 35. The Regional Integrated Behavioral Health
7		Networks Act is amended by changing Section 20 as follows:
8		(20 ILCS 1340/20)
9		Sec. 20. Steering Committee and Networks.
10		(a) To achieve these goals, the Department of Human
11		Services shall convene a Regional Integrated Behavioral Health
12		Networks Steering Committee (hereinafter "Steering Committee")
13		comprised of State agencies involved in the provision,
14		regulation, or financing of health, mental health, substance
15		abuse, rehabilitation, and other services. These include, but
16		shall not be limited to, the following agencies:
17		(1) The Department of Healthcare and Family Services.
18		(2) The Department of Human Services and its Divisions
19		of Mental Illness and Alcoholism and Substance Abuse
20		Services.
21		(3) The Department of Public Health, including its
22		Center for Rural Health.
23		The Steering Committee shall include a representative from
24		each Network. The agencies of the Steering Committee are

HB0313 Engrossed - 50 - LRB100 04130 SMS 14135 b
1		directed to work collaboratively to provide consultation,
2		advice, and leadership to the Networks in facilitating
3		communication within and across multiple agencies and in
4		removing regulatory barriers that may prevent Networks from
5		accomplishing the goals. The Steering Committee collectively
6		or through one of its member Agencies shall also provide
7		technical assistance to the Networks.
8		(b) There also shall be convened Networks in each of the
9		Department of Human Services' regions comprised of
10		representatives of community stakeholders represented in the
11		Network, including when available, but not limited to, relevant
12		trade and professional associations representing hospitals,
13		community providers, public health care, hospice care, long
14		term care, law enforcement, emergency medical service,
15		physicians, advanced practice registered nurses, and physician
16		assistants trained in psychiatry; an organization that
17		advocates on behalf of federally qualified health centers, an
18		organization that advocates on behalf of persons suffering with
19		mental illness and substance abuse disorders, an organization
20		that advocates on behalf of persons with disabilities, an
21		organization that advocates on behalf of persons who live in
22		rural areas, an organization that advocates on behalf of
23		persons who live in medically underserved areas; and others
24		designated by the Steering Committee or the Networks. A member
25		from each Network may choose a representative who may serve on
26		the Steering Committee.

HB0313 Engrossed - 51 - LRB100 04130 SMS 14135 b
1		(Source: P.A. 99-581, eff. 1-1-17.)
2		Section 40. The Mental Health and Developmental
3		Disabilities Administrative Act is amended by changing
4		Sections 5.1, 14, and 15.4 as follows:
5		(20 ILCS 1705/5.1) (from Ch. 91 1/2, par. 100-5.1)
6		Sec. 5.1. The Department shall develop, by rule, the
7		procedures and standards by which it shall approve medications
8		for clinical use in its facilities. A list of those drugs
9		approved pursuant to these procedures shall be distributed to
10		all Department facilities.
11		Drugs not listed by the Department may not be administered
12		in facilities under the jurisdiction of the Department,
13		provided that an unlisted drug may be administered as part of
14		research with the prior written consent of the Secretary
15		specifying the nature of the permitted use and the physicians
16		authorized to prescribe the drug. Drugs, as used in this
17		Section, mean psychotropic and narcotic drugs.
18		No physician, advanced practice registered nurse, or
19		physician assistant in the Department shall sign a prescription
20		in blank, nor permit blank prescription forms to circulate out
21		of his possession or control.
22		(Source: P.A. 99-581, eff. 1-1-17.)
23		(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)

HB0313 Engrossed - 52 - LRB100 04130 SMS 14135 b
1		Sec. 14. Chester Mental Health Center. To maintain and
2		operate a facility for the care, custody, and treatment of
3		persons with mental illness or habilitation of persons with
4		developmental disabilities hereinafter designated, to be known
5		as the Chester Mental Health Center.
6		Within the Chester Mental Health Center there shall be
7		confined the following classes of persons, whose history, in
8		the opinion of the Department, discloses dangerous or violent
9		tendencies and who, upon examination under the direction of the
10		Department, have been found a fit subject for confinement in
11		that facility:
12		(a) Any male person who is charged with the commission
13		of a crime but has been acquitted by reason of insanity as
14		provided in Section 5-2-4 of the Unified Code of
15		Corrections.
16		(b) Any male person who is charged with the commission
17		of a crime but has been found unfit under Article 104 of
18		the Code of Criminal Procedure of 1963.
19		(c) Any male person with mental illness or
20		developmental disabilities or person in need of mental
21		treatment now confined under the supervision of the
22		Department or hereafter admitted to any facility thereof or
23		committed thereto by any court of competent jurisdiction.
24		If and when it shall appear to the facility director of the
25		Chester Mental Health Center that it is necessary to confine
26		persons in order to maintain security or provide for the

HB0313 Engrossed - 53 - LRB100 04130 SMS 14135 b
1		protection and safety of recipients and staff, the Chester
2		Mental Health Center may confine all persons on a unit to their
3		rooms. This period of confinement shall not exceed 10 hours in
4		a 24 hour period, including the recipient's scheduled hours of
5		sleep, unless approved by the Secretary of the Department.
6		During the period of confinement, the persons confined shall be
7		observed at least every 15 minutes. A record shall be kept of
8		the observations. This confinement shall not be considered
9		seclusion as defined in the Mental Health and Developmental
10		Disabilities Code.
11		The facility director of the Chester Mental Health Center
12		may authorize the temporary use of handcuffs on a recipient for
13		a period not to exceed 10 minutes when necessary in the course
14		of transport of the recipient within the facility to maintain
15		custody or security. Use of handcuffs is subject to the
16		provisions of Section 2-108 of the Mental Health and
17		Developmental Disabilities Code. The facility shall keep a
18		monthly record listing each instance in which handcuffs are
19		used, circumstances indicating the need for use of handcuffs,
20		and time of application of handcuffs and time of release
21		therefrom. The facility director shall allow the Illinois
22		Guardianship and Advocacy Commission, the agency designated by
23		the Governor under Section 1 of the Protection and Advocacy for
24		Persons with Developmental Disabilities Act, and the
25		Department to examine and copy such record upon request.
26		The facility director of the Chester Mental Health Center

HB0313 Engrossed - 54 - LRB100 04130 SMS 14135 b
1		may authorize the temporary use of transport devices on a civil
2		recipient when necessary in the course of transport of the
3		civil recipient outside the facility to maintain custody or
4		security. The decision whether to use any transport devices
5		shall be reviewed and approved on an individualized basis by a
6		physician, an advanced practice registered nurse, or a
7		physician assistant based upon a determination of the civil
8		recipient's: (1) history of violence, (2) history of violence
9		during transports, (3) history of escapes and escape attempts,
10		(4) history of trauma, (5) history of incidents of restraint or
11		seclusion and use of involuntary medication, (6) current
12		functioning level and medical status, and (7) prior experience
13		during similar transports, and the length, duration, and
14		purpose of the transport. The least restrictive transport
15		device consistent with the individual's need shall be used.
16		Staff transporting the individual shall be trained in the use
17		of the transport devices, recognizing and responding to a
18		person in distress, and shall observe and monitor the
19		individual while being transported. The facility shall keep a
20		monthly record listing all transports, including those
21		transports for which use of transport devices was not sought,
22		those for which use of transport devices was sought but denied,
23		and each instance in which transport devices are used,
24		circumstances indicating the need for use of transport devices,
25		time of application of transport devices, time of release from
26		those devices, and any adverse events. The facility director

HB0313 Engrossed - 55 - LRB100 04130 SMS 14135 b
1		shall allow the Illinois Guardianship and Advocacy Commission,
2		the agency designated by the Governor under Section 1 of the
3		Protection and Advocacy for Persons with Developmental
4		Disabilities Act, and the Department to examine and copy the
5		record upon request. This use of transport devices shall not be
6		considered restraint as defined in the Mental Health and
7		Developmental Disabilities Code. For the purpose of this
8		Section "transport device" means ankle cuffs, handcuffs, waist
9		chains or wrist-waist devices designed to restrict an
10		individual's range of motion while being transported. These
11		devices must be approved by the Division of Mental Health, used
12		in accordance with the manufacturer's instructions, and used
13		only by qualified staff members who have completed all training
14		required to be eligible to transport patients and all other
15		required training relating to the safe use and application of
16		transport devices, including recognizing and responding to
17		signs of distress in an individual whose movement is being
18		restricted by a transport device.
19		If and when it shall appear to the satisfaction of the
20		Department that any person confined in the Chester Mental
21		Health Center is not or has ceased to be such a source of
22		danger to the public as to require his subjection to the
23		regimen of the center, the Department is hereby authorized to
24		transfer such person to any State facility for treatment of
25		persons with mental illness or habilitation of persons with
26		developmental disabilities, as the nature of the individual

HB0313 Engrossed - 56 - LRB100 04130 SMS 14135 b
1		case may require.
2		Subject to the provisions of this Section, the Department,
3		except where otherwise provided by law, shall, with respect to
4		the management, conduct and control of the Chester Mental
5		Health Center and the discipline, custody and treatment of the
6		persons confined therein, have and exercise the same rights and
7		powers as are vested by law in the Department with respect to
8		any and all of the State facilities for treatment of persons
9		with mental illness or habilitation of persons with
10		developmental disabilities, and the recipients thereof, and
11		shall be subject to the same duties as are imposed by law upon
12		the Department with respect to such facilities and the
13		recipients thereof.
14		The Department may elect to place persons who have been
15		ordered by the court to be detained under the Sexually Violent
16		Persons Commitment Act in a distinct portion of the Chester
17		Mental Health Center. The persons so placed shall be separated
18		and shall not comingle with the recipients of the Chester
19		Mental Health Center. The portion of Chester Mental Health
20		Center that is used for the persons detained under the Sexually
21		Violent Persons Commitment Act shall not be a part of the
22		mental health facility for the enforcement and implementation
23		of the Mental Health and Developmental Disabilities Code nor
24		shall their care and treatment be subject to the provisions of
25		the Mental Health and Developmental Disabilities Code. The
26		changes added to this Section by this amendatory Act of the

HB0313 Engrossed - 57 - LRB100 04130 SMS 14135 b
1		98th General Assembly are inoperative on and after June 30,
2		2015.
3		(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13;
4		98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-581, eff.
5		1-1-17.)
6		(20 ILCS 1705/15.4)
7		Sec. 15.4. Authorization for nursing delegation to permit
8		direct care staff to administer medications.
9		(a) This Section applies to (i) all programs for persons
10		with a developmental disability in settings of 16 persons or
11		fewer that are funded or licensed by the Department of Human
12		Services and that distribute or administer medications and (ii)
13		all intermediate care facilities for persons with
14		developmental disabilities with 16 beds or fewer that are
15		licensed by the Department of Public Health. The Department of
16		Human Services shall develop a training program for authorized
17		direct care staff to administer medications under the
18		supervision and monitoring of a registered professional nurse.
19		This training program shall be developed in consultation with
20		professional associations representing (i) physicians licensed
21		to practice medicine in all its branches, (ii) registered
22		professional nurses, and (iii) pharmacists.
23		(b) For the purposes of this Section:
24		"Authorized direct care staff" means non-licensed persons
25		who have successfully completed a medication administration

HB0313 Engrossed - 58 - LRB100 04130 SMS 14135 b
1		training program approved by the Department of Human Services
2		and conducted by a nurse-trainer. This authorization is
3		specific to an individual receiving service in a specific
4		agency and does not transfer to another agency.
5		"Medications" means oral and topical medications, insulin
6		in an injectable form, oxygen, epinephrine auto-injectors, and
7		vaginal and rectal creams and suppositories. "Oral" includes
8		inhalants and medications administered through enteral tubes,
9		utilizing aseptic technique. "Topical" includes eye, ear, and
10		nasal medications. Any controlled substances must be packaged
11		specifically for an identified individual.
12		"Insulin in an injectable form" means a subcutaneous
13		injection via an insulin pen pre-filled by the manufacturer.
14		Authorized direct care staff may administer insulin, as ordered
15		by a physician, advanced practice registered nurse, or
16		physician assistant, if: (i) the staff has successfully
17		completed a Department-approved advanced training program
18		specific to insulin administration developed in consultation
19		with professional associations listed in subsection (a) of this
20		Section, and (ii) the staff consults with the registered nurse,
21		prior to administration, of any insulin dose that is determined
22		based on a blood glucose test result. The authorized direct
23		care staff shall not: (i) calculate the insulin dosage needed
24		when the dose is dependent upon a blood glucose test result, or
25		(ii) administer insulin to individuals who require blood
26		glucose monitoring greater than 3 times daily, unless directed

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1		to do so by the registered nurse.
2		"Nurse-trainer training program" means a standardized,
3		competency-based medication administration train-the-trainer
4		program provided by the Department of Human Services and
5		conducted by a Department of Human Services master
6		nurse-trainer for the purpose of training nurse-trainers to
7		train persons employed or under contract to provide direct care
8		or treatment to individuals receiving services to administer
9		medications and provide self-administration of medication
10		training to individuals under the supervision and monitoring of
11		the nurse-trainer. The program incorporates adult learning
12		styles, teaching strategies, classroom management, and a
13		curriculum overview, including the ethical and legal aspects of
14		supervising those administering medications.
15		"Self-administration of medications" means an individual
16		administers his or her own medications. To be considered
17		capable to self-administer their own medication, individuals
18		must, at a minimum, be able to identify their medication by
19		size, shape, or color, know when they should take the
20		medication, and know the amount of medication to be taken each
21		time.
22		"Training program" means a standardized medication
23		administration training program approved by the Department of
24		Human Services and conducted by a registered professional nurse
25		for the purpose of training persons employed or under contract
26		to provide direct care or treatment to individuals receiving

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1		services to administer medications and provide
2		self-administration of medication training to individuals
3		under the delegation and supervision of a nurse-trainer. The
4		program incorporates adult learning styles, teaching
5		strategies, classroom management, curriculum overview,
6		including ethical-legal aspects, and standardized
7		competency-based evaluations on administration of medications
8		and self-administration of medication training programs.
9		(c) Training and authorization of non-licensed direct care
10		staff by nurse-trainers must meet the requirements of this
11		subsection.
12		(1) Prior to training non-licensed direct care staff to
13		administer medication, the nurse-trainer shall perform the
14		following for each individual to whom medication will be
15		administered by non-licensed direct care staff:
16		(A) An assessment of the individual's health
17		history and physical and mental status.
18		(B) An evaluation of the medications prescribed.
19		(2) Non-licensed authorized direct care staff shall
20		meet the following criteria:
21		(A) Be 18 years of age or older.
22		(B) Have completed high school or have a high
23		school equivalency certificate.
24		(C) Have demonstrated functional literacy.
25		(D) Have satisfactorily completed the Health and
26		Safety component of a Department of Human Services

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1		authorized direct care staff training program.
2		(E) Have successfully completed the training
3		program, pass the written portion of the comprehensive
4		exam, and score 100% on the competency-based
5		assessment specific to the individual and his or her
6		medications.
7		(F) Have received additional competency-based
8		assessment by the nurse-trainer as deemed necessary by
9		the nurse-trainer whenever a change of medication
10		occurs or a new individual that requires medication
11		administration enters the program.
12		(3) Authorized direct care staff shall be re-evaluated
13		by a nurse-trainer at least annually or more frequently at
14		the discretion of the registered professional nurse. Any
15		necessary retraining shall be to the extent that is
16		necessary to ensure competency of the authorized direct
17		care staff to administer medication.
18		(4) Authorization of direct care staff to administer
19		medication shall be revoked if, in the opinion of the
20		registered professional nurse, the authorized direct care
21		staff is no longer competent to administer medication.
22		(5) The registered professional nurse shall assess an
23		individual's health status at least annually or more
24		frequently at the discretion of the registered
25		professional nurse.
26		(d) Medication self-administration shall meet the

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1		following requirements:
2		(1) As part of the normalization process, in order for
3		each individual to attain the highest possible level of
4		independent functioning, all individuals shall be
5		permitted to participate in their total health care
6		program. This program shall include, but not be limited to,
7		individual training in preventive health and
8		self-medication procedures.
9		(A) Every program shall adopt written policies and
10		procedures for assisting individuals in obtaining
11		preventative health and self-medication skills in
12		consultation with a registered professional nurse,
13		advanced practice registered nurse, physician
14		assistant, or physician licensed to practice medicine
15		in all its branches.
16		(B) Individuals shall be evaluated to determine
17		their ability to self-medicate by the nurse-trainer
18		through the use of the Department's required,
19		standardized screening and assessment instruments.
20		(C) When the results of the screening and
21		assessment indicate an individual not to be capable to
22		self-administer his or her own medications, programs
23		shall be developed in consultation with the Community
24		Support Team or Interdisciplinary Team to provide
25		individuals with self-medication administration.
26		(2) Each individual shall be presumed to be competent

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1		to self-administer medications if:
2		(A) authorized by an order of a physician licensed
3		to practice medicine in all its branches, an advanced
4		practice registered nurse, or a physician assistant;
5		and
6		(B) approved to self-administer medication by the
7		individual's Community Support Team or
8		Interdisciplinary Team, which includes a registered
9		professional nurse or an advanced practice registered
10		nurse.
11		(e) Quality Assurance.
12		(1) A registered professional nurse, advanced practice
13		registered nurse, licensed practical nurse, physician
14		licensed to practice medicine in all its branches,
15		physician assistant, or pharmacist shall review the
16		following for all individuals:
17		(A) Medication orders.
18		(B) Medication labels, including medications
19		listed on the medication administration record for
20		persons who are not self-medicating to ensure the
21		labels match the orders issued by the physician
22		licensed to practice medicine in all its branches,
23		advanced practice registered nurse, or physician
24		assistant.
25		(C) Medication administration records for persons
26		who are not self-medicating to ensure that the records

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1		are completed appropriately for:
2		(i) medication administered as prescribed;
3		(ii) refusal by the individual; and
4		(iii) full signatures provided for all
5		initials used.
6		(2) Reviews shall occur at least quarterly, but may be
7		done more frequently at the discretion of the registered
8		professional nurse or advanced practice registered nurse.
9		(3) A quality assurance review of medication errors and
10		data collection for the purpose of monitoring and
11		recommending corrective action shall be conducted within 7
12		days and included in the required annual review.
13		(f) Programs using authorized direct care staff to
14		administer medications are responsible for documenting and
15		maintaining records on the training that is completed.
16		(g) The absence of this training program constitutes a
17		threat to the public interest, safety, and welfare and
18		necessitates emergency rulemaking by the Departments of Human
19		Services and Public Health under Section 5-45 of the Illinois
20		Administrative Procedure Act.
21		(h) Direct care staff who fail to qualify for delegated
22		authority to administer medications pursuant to the provisions
23		of this Section shall be given additional education and testing
24		to meet criteria for delegation authority to administer
25		medications. Any direct care staff person who fails to qualify
26		as an authorized direct care staff after initial training and

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1		testing must within 3 months be given another opportunity for
2		retraining and retesting. A direct care staff person who fails
3		to meet criteria for delegated authority to administer
4		medication, including, but not limited to, failure of the
5		written test on 2 occasions shall be given consideration for
6		shift transfer or reassignment, if possible. No employee shall
7		be terminated for failure to qualify during the 3-month time
8		period following initial testing. Refusal to complete training
9		and testing required by this Section may be grounds for
10		immediate dismissal.
11		(i) No authorized direct care staff person delegated to
12		administer medication shall be subject to suspension or
13		discharge for errors resulting from the staff person's acts or
14		omissions when performing the functions unless the staff
15		person's actions or omissions constitute willful and wanton
16		conduct. Nothing in this subsection is intended to supersede
17		paragraph (4) of subsection (c).
18		(j) A registered professional nurse, advanced practice
19		registered nurse, physician licensed to practice medicine in
20		all its branches, or physician assistant shall be on duty or on
21		call at all times in any program covered by this Section.
22		(k) The employer shall be responsible for maintaining
23		liability insurance for any program covered by this Section.
24		(l) Any direct care staff person who qualifies as
25		authorized direct care staff pursuant to this Section shall be
26		granted consideration for a one-time additional salary

HB0313 Engrossed - 66 - LRB100 04130 SMS 14135 b
1		differential. The Department shall determine and provide the
2		necessary funding for the differential in the base. This
3		subsection (l) is inoperative on and after June 30, 2000.
4		(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; 99-78,
5		eff. 7-20-15; 99-143, eff. 7-27-15; 99-581, eff. 1-1-17.)
6		Section 45. The Department of Professional Regulation Law
7		of the Civil Administrative Code of Illinois is amended by
8		changing Section 2105-17 as follows:
9		(20 ILCS 2105/2105-17)
10		Sec. 2105-17. Volunteer licenses.
11		(a) For the purposes of this Section:
12		"Health care professional" means a physician licensed
13		under the Medical Practice Act of 1987, a dentist licensed
14		under the Illinois Dental Practice Act, an optometrist licensed
15		under the Illinois Optometric Practice Act of 1987, a physician
16		assistant licensed under the Physician Assistant Practice Act
17		of 1987, and a nurse or advanced practice registered nurse
18		licensed under the Nurse Practice Act. The Department may
19		expand this definition by rule.
20		"Volunteer practice" means the practice of a licensed
21		health care professional for the benefit of an individual or
22		the public and without compensation for the health care
23		services provided.
24		(b) The Department may grant a volunteer license to a

HB0313 Engrossed - 67 - LRB100 04130 SMS 14135 b
1		health care professional who:
2		(1) meets all requirements of the State licensing Act
3		that applies to his or her health care profession and the
4		rules adopted under the Act; and
5		(2) agrees to engage in the volunteer practice of his
6		or her health care profession in a free medical clinic, as
7		defined in the Good Samaritan Act, or in a public health
8		clinic, as defined in Section 6-101 of the Local
9		Governmental and Governmental Employees Tort Immunities
10		Act, and to not practice for compensation.
11		(c) A volunteer license shall be granted in accordance with
12		the licensing Act that applies to the health care
13		professional's given health care profession, and the licensure
14		fee shall be set by rule in accordance with subsection (f).
15		(d) No health care professional shall hold a non-volunteer
16		license in a health care profession and a volunteer license in
17		that profession at the same time. In the event that the health
18		care professional obtains a volunteer license in the profession
19		for which he or she holds a non-volunteer license, that
20		non-volunteer license shall automatically be placed in
21		inactive status. In the event that a health care professional
22		obtains a non-volunteer license in the profession for which he
23		or she holds a volunteer license, the volunteer license shall
24		be placed in inactive status. Practicing on an expired
25		volunteer license constitutes the unlicensed practice of the
26		health care professional's profession.

HB0313 Engrossed - 68 - LRB100 04130 SMS 14135 b
1		(e) Nothing in this Section shall be construed to waive or
2		modify any statute, rule, or regulation concerning the
3		licensure or practice of any health care profession. A health
4		care professional who holds a volunteer license shall be
5		subject to all statutes, rules, and regulations governing his
6		or her profession. The Department shall waive the licensure fee
7		for the first 500 volunteer licenses issued and may by rule
8		provide for a fee waiver or fee reduction that shall apply to
9		all licenses issued after the initial 500.
10		(f) The Department shall determine by rule the total number
11		of volunteer licenses to be issued. The Department shall file
12		proposed rules implementing this Section within 6 months after
13		the effective date of this amendatory Act of the 98th General
14		Assembly.
15		(Source: P.A. 98-659, eff. 6-23-14.)
16		Section 50. The Department of Public Health Act is amended
17		by changing Sections 7 and 8.2 as follows:
18		(20 ILCS 2305/7) (from Ch. 111 1/2, par. 22.05)
19		Sec. 7. The Illinois Department of Public Health shall
20		adopt rules requiring that upon death of a person who had or is
21		suspected of having an infectious or communicable disease that
22		could be transmitted through contact with the person's body or
23		bodily fluids, the body shall be labeled "Infection Hazard", or
24		with an equivalent term to inform persons having subsequent

HB0313 Engrossed - 69 - LRB100 04130 SMS 14135 b
1		contact with the body, including any funeral director or
2		embalmer, to take suitable precautions. Such rules shall
3		require that the label shall be prominently displayed on and
4		affixed to the outer wrapping or covering of the body if the
5		body is wrapped or covered in any manner. Responsibility for
6		such labeling shall lie with the attending physician, advanced
7		practice registered nurse, or physician assistant who
8		certifies death, or if the death occurs in a health care
9		facility, with such staff member as may be designated by the
10		administrator of the facility. The Department may adopt rules
11		providing for the safe disposal of human remains. To the extent
12		feasible without endangering the public's health, the
13		Department shall respect and accommodate the religious beliefs
14		of individuals in implementing this Section.
15		(Source: P.A. 99-581, eff. 1-1-17.)
16		(20 ILCS 2305/8.2)
17		Sec. 8.2. Osteoporosis Prevention and Education Program.
18		(a) The Department of Public Health, utilizing available
19		federal funds, State funds appropriated for that purpose, or
20		other available funding as provided for in this Section, shall
21		establish, promote, and maintain an Osteoporosis Prevention
22		and Education Program to promote public awareness of the causes
23		of osteoporosis, options for prevention, the value of early
24		detection, and possible treatments (including the benefits and
25		risks of those treatments). The Department may accept, for that

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1		purpose, any special grant of money, services, or property from
2		the federal government or any of its agencies or from any
3		foundation, organization, or medical school.
4		(b) The program shall include the following:
5		(1) Development of a public education and outreach
6		campaign to promote osteoporosis prevention and education,
7		including, but not limited to, the following subjects:
8		(A) The cause and nature of the disease.
9		(B) Risk factors.
10		(C) The role of hysterectomy.
11		(D) Prevention of osteoporosis, including
12		nutrition, diet, and physical exercise.
13		(E) Diagnostic procedures and appropriate
14		indications for their use.
15		(F) Hormone replacement, including benefits and
16		risks.
17		(G) Environmental safety and injury prevention.
18		(H) Availability of osteoporosis diagnostic
19		treatment services in the community.
20		(2) Development of educational materials to be made
21		available for consumers, particularly targeted to
22		high-risk groups, through local health departments, local
23		physicians, advanced practice registered nurses, or
24		physician assistants, other providers (including, but not
25		limited to, health maintenance organizations, hospitals,
26		and clinics), and women's organizations.

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1		(3) Development of professional education programs for
2		health care providers to assist them in understanding
3		research findings and the subjects set forth in paragraph
4		(1).
5		(4) Development and maintenance of a list of current
6		providers of specialized services for the prevention and
7		treatment of osteoporosis. Dissemination of the list shall
8		be accompanied by a description of diagnostic procedures,
9		appropriate indications for their use, and a cautionary
10		statement about the current status of osteoporosis
11		research, prevention, and treatment. The statement shall
12		also indicate that the Department does not license,
13		certify, or in any other way approve osteoporosis programs
14		or centers in this State.
15		(c) The State Board of Health shall serve as an advisory
16		board to the Department with specific respect to the prevention
17		and education activities related to osteoporosis described in
18		this Section. The State Board of Health shall assist the
19		Department in implementing this Section.
20		(Source: P.A. 99-581, eff. 1-1-17.)
21		Section 55. The Department of Public Health Powers and
22		Duties Law of the Civil Administrative Code of Illinois is
23		amended by changing Sections 2310-145, 2310-397, 2310-410,
24		2310-600, 2310-677, and 2310-690 as follows:

HB0313 Engrossed - 72 - LRB100 04130 SMS 14135 b
1		(20 ILCS 2310/2310-145)
2		Sec. 2310-145. Registry of health care professionals. The
3		Department of Public Health shall maintain a registry of all
4		active-status health care professionals, including nurses,
5		nurse practitioners, advanced practice registered nurses,
6		physicians, physician assistants, psychologists, professional
7		counselors, clinical professional counselors, and pharmacists.
8		The registry must consist of information shared between the
9		Department of Public Health and the Department of Financial and
10		Professional Regulation via a secure communication link. The
11		registry must be updated on a quarterly basis.
12		The registry shall be accessed in the event of an act of
13		bioterrorism or other public health emergency or for the
14		planning for the possibility of such an event.
15		(Source: P.A. 96-377, eff. 1-1-10.)
16		(20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90)
17		Sec. 2310-397. Prostate and testicular cancer program.
18		(a) The Department, subject to appropriation or other
19		available funding, shall conduct a program to promote awareness
20		and early detection of prostate and testicular cancer. The
21		program may include, but need not be limited to:
22		(1) Dissemination of information regarding the
23		incidence of prostate and testicular cancer, the risk
24		factors associated with prostate and testicular cancer,
25		and the benefits of early detection and treatment.

HB0313 Engrossed - 73 - LRB100 04130 SMS 14135 b
1		(2) Promotion of information and counseling about
2		treatment options.
3		(3) Establishment and promotion of referral services
4		and screening programs.
5		Beginning July 1, 2004, the program must include the
6		development and dissemination, through print and broadcast
7		media, of public service announcements that publicize the
8		importance of prostate cancer screening for men over age 40.
9		(b) Subject to appropriation or other available funding, a
10		Prostate Cancer Screening Program shall be established in the
11		Department of Public Health.
12		(1) The Program shall apply to the following persons
13		and entities:
14		(A) uninsured and underinsured men 50 years of age
15		and older;
16		(B) uninsured and underinsured men between 40 and
17		50 years of age who are at high risk for prostate
18		cancer, upon the advice of a physician, advanced
19		practice registered nurse, or physician assistant or
20		upon the request of the patient; and
21		(C) non-profit organizations providing assistance
22		to persons described in subparagraphs (A) and (B).
23		(2) Any entity funded by the Program shall coordinate
24		with other local providers of prostate cancer screening,
25		diagnostic, follow-up, education, and advocacy services to
26		avoid duplication of effort. Any entity funded by the

HB0313 Engrossed - 74 - LRB100 04130 SMS 14135 b
1		Program shall comply with any applicable State and federal
2		standards regarding prostate cancer screening.
3		(3) Administrative costs of the Department shall not
4		exceed 10% of the funds allocated to the Program. Indirect
5		costs of the entities funded by this Program shall not
6		exceed 12%. The Department shall define "indirect costs" in
7		accordance with applicable State and federal law.
8		(4) Any entity funded by the Program shall collect data
9		and maintain records that are determined by the Department
10		to be necessary to facilitate the Department's ability to
11		monitor and evaluate the effectiveness of the entities and
12		the Program. Commencing with the Program's second year of
13		operation, the Department shall submit an Annual Report to
14		the General Assembly and the Governor. The report shall
15		describe the activities and effectiveness of the Program
16		and shall include, but not be limited to, the following
17		types of information regarding those served by the Program:
18		(A) the number; and
19		(B) the ethnic, geographic, and age breakdown.
20		(5) The Department or any entity funded by the Program
21		shall collect personal and medical information necessary
22		to administer the Program from any individual applying for
23		services under the Program. The information shall be
24		confidential and shall not be disclosed other than for
25		purposes directly connected with the administration of the
26		Program or except as otherwise provided by law or pursuant

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1		to prior written consent of the subject of the information.
2		(6) The Department or any entity funded by the program
3		may disclose the confidential information to medical
4		personnel and fiscal intermediaries of the State to the
5		extent necessary to administer the Program, and to other
6		State public health agencies or medical researchers if the
7		confidential information is necessary to carry out the
8		duties of those agencies or researchers in the
9		investigation, control, or surveillance of prostate
10		cancer.
11		(c) The Department shall adopt rules to implement the
12		Prostate Cancer Screening Program in accordance with the
13		Illinois Administrative Procedure Act.
14		(Source: P.A. 98-87, eff. 1-1-14; 99-581, eff. 1-1-17.)
15		(20 ILCS 2310/2310-410) (was 20 ILCS 2310/55.42)
16		Sec. 2310-410. Sickle cell disease. To conduct a public
17		information campaign for physicians, advanced practice
18		registered nurses, physician assistants, hospitals, health
19		facilities, public health departments, and the general public
20		on sickle cell disease, methods of care, and treatment
21		modalities available; to identify and catalogue sickle cell
22		resources in this State for distribution and referral purposes;
23		and to coordinate services with the established programs,
24		including State, federal, and voluntary groups.
25		(Source: P.A. 99-581, eff. 1-1-17.)

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1		(20 ILCS 2310/2310-600)
2		Sec. 2310-600. Advance directive information.
3		(a) The Department of Public Health shall prepare and
4		publish the summary of advance directives law, as required by
5		the federal Patient Self-Determination Act, and related forms.
6		Publication may be limited to the World Wide Web. The summary
7		required under this subsection (a) must include the Department
8		of Public Health Uniform POLST form.
9		(b) The Department of Public Health shall publish Spanish
10		language versions of the following:
11		(1) The statutory Living Will Declaration form.
12		(2) The Illinois Statutory Short Form Power of Attorney
13		for Health Care.
14		(3) The statutory Declaration of Mental Health
15		Treatment Form.
16		(4) The summary of advance directives law in Illinois.
17		(5) The Department of Public Health Uniform POLST form.
18		Publication may be limited to the World Wide Web.
19		(b-5) In consultation with a statewide professional
20		organization representing physicians licensed to practice
21		medicine in all its branches, statewide organizations
22		representing physician assistants, advanced practice
23		registered nurses, nursing homes, registered professional
24		nurses, and emergency medical systems, and a statewide
25		organization representing hospitals, the Department of Public

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1		Health shall develop and publish a uniform form for
2		practitioner cardiopulmonary resuscitation (CPR) or
3		life-sustaining treatment orders that may be utilized in all
4		settings. The form shall meet the published minimum
5		requirements to nationally be considered a practitioner orders
6		for life-sustaining treatment form, or POLST, and may be
7		referred to as the Department of Public Health Uniform POLST
8		form. This form does not replace a physician's or other
9		practitioner's authority to make a do-not-resuscitate (DNR)
10		order.
11		(c) (Blank).
12		(d) The Department of Public Health shall publish the
13		Department of Public Health Uniform POLST form reflecting the
14		changes made by this amendatory Act of the 98th General
15		Assembly no later than January 1, 2015.
16		(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16;
17		99-581, eff. 1-1-17.)
18		(20 ILCS 2310/2310-677)
19		(Section scheduled to be repealed on June 30, 2019)
20		Sec. 2310-677. Neonatal Abstinence Syndrome Advisory
21		Committee.
22		(a) As used in this Section:
23		"Department" means the Department of Public Health.
24		"Director" means the Director of Public Health.
25		"Neonatal Abstinence Syndrome" or "NAS" means various

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1		adverse conditions that occur in a newborn infant who was
2		exposed to addictive or prescription drugs while in the
3		mother's womb.
4		(b) There is created the Advisory Committee on Neonatal
5		Abstinence Syndrome. The Advisory Committee shall consist of up
6		to 10 members appointed by the Director of Public Health. The
7		Director shall make the appointments within 90 days after the
8		effective date of this amendatory Act of the 99th General
9		Assembly. Members shall receive no compensation for their
10		services. The members of the Advisory Committee shall represent
11		different racial, ethnic, and geographic backgrounds and
12		consist of:
13		(1) at least one member representing a statewide
14		association of hospitals;
15		(2) at least one member representing a statewide
16		organization of pediatricians;
17		(3) at least one member representing a statewide
18		organization of obstetricians;
19		(4) at least one member representing a statewide
20		organization that advocates for the health of mothers and
21		infants;
22		(5) at least one member representing a statewide
23		organization of licensed physicians;
24		(6) at least one member who is a licensed practical
25		nurse, registered professional nurse, or advanced practice
26		registered nurse with expertise in the treatment of

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1		newborns in neonatal intensive care units;
2		(7) at least one member representing a local or
3		regional public health agency; and
4		(8) at least one member with expertise in the treatment
5		of drug dependency and addiction.
6		(c) In addition to the membership in subsection (a) of this
7		Section, the following persons or their designees shall serve
8		as ex officio members of the Advisory Committee: the Director
9		of Public Health, the Secretary of Human Services, the Director
10		of Healthcare and Family Services, and the Director of Children
11		and Family Services. The Director of Public Health, or his or
12		her designee, shall serve as Chair of the Committee.
13		(d) The Advisory Committee shall meet at the call of the
14		Chair. The Committee shall meet at least 3 times each year and
15		its initial meeting shall take place within 120 days after the
16		effective date of this Act. The Advisory Committee shall advise
17		and assist the Department to:
18		(1) develop an appropriate standard clinical
19		definition of "NAS";
20		(2) develop a uniform process of identifying NAS;
21		(3) develop protocols for training hospital personnel
22		in implementing an appropriate and uniform process for
23		identifying and treating NAS;
24		(4) identify and develop options for reporting NAS data
25		to the Department by using existing or new data reporting
26		options; and

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1		(5) make recommendations to the Department on
2		evidence-based guidelines and programs to improve the
3		outcomes of pregnancies with respect to NAS.
4		(e) The Advisory Committee shall provide an annual report
5		of its activities and recommendations to the Director, the
6		General Assembly, and the Governor by March 31 of each year
7		beginning in 2016. The final report of the Advisory Committee
8		shall be submitted by March 31, 2019.
9		(f) This Section is repealed on June 30, 2019.
10		(Source: P.A. 99-320, eff. 8-7-15.)
11		(20 ILCS 2310/2310-690)
12		Sec. 2310-690. Cytomegalovirus public education.
13		(a) In this Section:
14		"CMV" means cytomegalovirus.
15		"Health care professional and provider" means any
16		physician, advanced practice registered nurse, physician
17		assistant, hospital facility, or other person that is
18		licensed or otherwise authorized to deliver health care
19		services.
20		(b) The Department shall develop or approve and publish
21		informational materials for women who may become pregnant,
22		expectant parents, and parents of infants regarding:
23		(1) the incidence of CMV;
24		(2) the transmission of CMV to pregnant women and women
25		who may become pregnant;

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1		(3) birth defects caused by congenital CMV;
2		(4) methods of diagnosing congenital CMV; and
3		(5) available preventive measures to avoid the
4		infection of women who are pregnant or may become pregnant.
5		(c) The Department shall publish the information required
6		under subsection (b) on its Internet website.
7		(d) The Department shall publish information to:
8		(1) educate women who may become pregnant, expectant
9		parents, and parents of infants about CMV; and
10		(2) raise awareness of CMV among health care
11		professionals and providers who provide care to expectant
12		mothers or infants.
13		(e) The Department may solicit and accept the assistance of
14		any relevant health care professional associations or
15		community resources, including faith-based resources, to
16		promote education about CMV under this Section.
17		(f) If a newborn infant fails the 2 initial hearing
18		screenings in the hospital, then the hospital performing that
19		screening shall provide to the parents of the newborn infant
20		information regarding: (i) birth defects caused by congenital
21		CMV; (ii) testing opportunities and options for CMV, including
22		the opportunity to test for CMV before leaving the hospital;
23		and (iii) early intervention services. Health care
24		professionals and providers may, but are not required to, use
25		the materials developed by the Department for distribution to
26		parents of newborn infants.

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1		(Source: P.A. 99-424, eff. 1-1-16; 99-581, eff. 1-1-17; 99-642,
2		eff. 7-28-26.)
3		Section 60. The Community Health Worker Advisory Board Act
4		is amended by changing Section 10 as follows:
5		(20 ILCS 2335/10)
6		Sec. 10. Advisory Board.
7		(a) There is created the Advisory Board on Community Health
8		Workers. The Board shall consist of 16 members appointed by the
9		Director of Public Health. The Director shall make the
10		appointments to the Board within 90 days after the effective
11		date of this Act. The members of the Board shall represent
12		different racial and ethnic backgrounds and have the
13		qualifications as follows:
14		(1) four members who currently serve as community
15		health workers in Cook County, one of whom shall have
16		served as a health insurance marketplace navigator;
17		(2) two members who currently serve as community health
18		workers in DuPage, Kane, Lake, or Will County;
19		(3) one member who currently serves as a community
20		health worker in Bond, Calhoun, Clinton, Jersey, Macoupin,
21		Madison, Monroe, Montgomery, Randolph, St. Clair, or
22		Washington County;
23		(4) one member who currently serves as a community
24		health worker in any other county in the State;

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1		(5) one member who is a physician licensed to practice
2		medicine in Illinois;
3		(6) one member who is a physician assistant;
4		(7) one member who is a licensed nurse or advanced
5		practice registered nurse;
6		(8) one member who is a licensed social worker,
7		counselor, or psychologist;
8		(9) one member who currently employs community health
9		workers;
10		(10) one member who is a health policy advisor with
11		experience in health workforce policy;
12		(11) one member who is a public health professional
13		with experience with community health policy; and
14		(12) one representative of a community college,
15		university, or educational institution that provides
16		training to community health workers.
17		(b) In addition, the following persons or their designees
18		shall serve as ex officio, non-voting members of the Board: the
19		Executive Director of the Illinois Community College Board, the
20		Director of Children and Family Services, the Director of
21		Aging, the Director of Public Health, the Director of
22		Employment Security, the Director of Commerce and Economic
23		Opportunity, the Secretary of Financial and Professional
24		Regulation, the Director of Healthcare and Family Services, and
25		the Secretary of Human Services.
26		(c) The voting members of the Board shall select a

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1		chairperson from the voting members of the Board. The Board
2		shall consult with additional experts as needed. Members of the
3		Board shall serve without compensation. The Department shall
4		provide administrative and staff support to the Board. The
5		meetings of the Board are subject to the provisions of the Open
6		Meetings Act.
7		(d) The Board shall consider the core competencies of a
8		community health worker, including skills and areas of
9		knowledge that are essential to bringing about expanded health
10		and wellness in diverse communities and reducing health
11		disparities. As relating to members of communities and health
12		teams, the core competencies for effective community health
13		workers may include, but are not limited to:
14		(1) outreach methods and strategies;
15		(2) client and community assessment;
16		(3) effective community-based and participatory
17		methods, including research;
18		(4) culturally competent communication and care;
19		(5) health education for behavior change;
20		(6) support, advocacy, and health system navigation
21		for clients;
22		(7) application of public health concepts and
23		approaches;
24		(8) individual and community capacity building and
25		mobilization; and
26		(9) writing, oral, technical, and communication

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1		skills.
2		(Source: P.A. 98-796, eff. 7-31-14; 99-581, eff. 1-1-17.)
3		Section 65. The Illinois Housing Development Act is amended
4		by changing Section 7.30 as follows:
5		(20 ILCS 3805/7.30)
6		Sec. 7.30. Foreclosure Prevention Program.
7		(a) The Authority shall establish and administer a
8		Foreclosure Prevention Program. The Authority shall use moneys
9		in the Foreclosure Prevention Program Fund, and any other funds
10		appropriated for this purpose, to make grants to (i) approved
11		counseling agencies for approved housing counseling and (ii)
12		approved community-based organizations for approved
13		foreclosure prevention outreach programs. The Authority shall
14		promulgate rules to implement this Program and may adopt
15		emergency rules as soon as practicable to begin implementation
16		of the Program.
17		(b) Subject to appropriation and the annual receipt of
18		funds, the Authority shall make grants from the Foreclosure
19		Prevention Program Fund derived from fees paid as specified in
20		subsection (a) of Section 15-1504.1 of the Code of Civil
21		Procedure as follows:
22		(1) 25% of the moneys in the Fund shall be used to make
23		grants to approved counseling agencies that provide
24		services in Illinois outside of the City of Chicago. Grants

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1		shall be based upon the number of foreclosures filed in an
2		approved counseling agency's service area, the capacity of
3		the agency to provide foreclosure counseling services, and
4		any other factors that the Authority deems appropriate.
5		(2) 25% of the moneys in the Fund shall be distributed
6		to the City of Chicago to make grants to approved
7		counseling agencies located within the City of Chicago for
8		approved housing counseling or to support foreclosure
9		prevention counseling programs administered by the City of
10		Chicago.
11		(3) 25% of the moneys in the Fund shall be used to make
12		grants to approved community-based organizations located
13		outside of the City of Chicago for approved foreclosure
14		prevention outreach programs.
15		(4) 25% of the moneys in the Fund shall be used to make
16		grants to approved community-based organizations located
17		within the City of Chicago for approved foreclosure
18		prevention outreach programs, with priority given to
19		programs that provide door-to-door outreach.
20		(b-1) Subject to appropriation and the annual receipt of
21		funds, the Authority shall make grants from the Foreclosure
22		Prevention Program Graduated Fund derived from fees paid as
23		specified in paragraph (1) of subsection (a-5) of Section
24		15-1504.1 of the Code of Civil Procedure, as follows:
25		(1) 30% shall be used to make grants for approved
26		housing counseling in Cook County outside of the City of

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1		Chicago;
2		(2) 25% shall be used to make grants for approved
3		housing counseling in the City of Chicago;
4		(3) 30% shall be used to make grants for approved
5		housing counseling in DuPage, Kane, Lake, McHenry, and Will
6		Counties; and
7		(4) 15% shall be used to make grants for approved
8		housing counseling in Illinois in counties other than Cook,
9		DuPage, Kane, Lake, McHenry, and Will Counties provided
10		that grants to provide approved housing counseling to
11		borrowers residing within these counties shall be based, to
12		the extent practicable, (i) proportionately on the amount
13		of fees paid to the respective clerks of the courts within
14		these counties and (ii) on any other factors that the
15		Authority deems appropriate.
16		The percentages set forth in this subsection (b-1) shall be
17		calculated after deduction of reimbursable administrative
18		expenses incurred by the Authority, but shall not be greater
19		than 4% of the annual appropriated amount.
20		(b-5) As used in this Section:
21		"Approved community-based organization" means a
22		not-for-profit entity that provides educational and financial
23		information to residents of a community through in-person
24		contact. "Approved community-based organization" does not
25		include a not-for-profit corporation or other entity or person
26		that provides legal representation or advice in a civil

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1		proceeding or court-sponsored mediation services, or a
2		governmental agency.
3		"Approved foreclosure prevention outreach program" means a
4		program developed by an approved community-based organization
5		that includes in-person contact with residents to provide (i)
6		pre-purchase and post-purchase home ownership counseling, (ii)
7		education about the foreclosure process and the options of a
8		mortgagor in a foreclosure proceeding, and (iii) programs
9		developed by an approved community-based organization in
10		conjunction with a State or federally chartered financial
11		institution.
12		"Approved counseling agency" means a housing counseling
13		agency approved by the U.S. Department of Housing and Urban
14		Development.
15		"Approved housing counseling" means in-person counseling
16		provided by a counselor employed by an approved counseling
17		agency to all borrowers, or documented telephone counseling
18		where a hardship would be imposed on one or more borrowers. A
19		hardship shall exist in instances in which the borrower is
20		confined to his or her home due to a medical condition, as
21		verified in writing by a physician, advanced practice
22		registered nurse, or physician assistant, or the borrower
23		resides 50 miles or more from the nearest approved counseling
24		agency. In instances of telephone counseling, the borrower must
25		supply all necessary documents to the counselor at least 72
26		hours prior to the scheduled telephone counseling session.

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1		(c) (Blank).
2		(c-5) Where the jurisdiction of an approved counseling
3		agency is included within more than one of the geographic areas
4		set forth in this Section, the Authority may elect to fully
5		fund the applicant from one of the relevant geographic areas.
6		(Source: P.A. 98-20, eff. 6-11-13; 99-581, eff. 1-1-17.)
7		Section 70. The Property Tax Code is amended by changing
8		Sections 15-168 and 15-172 as follows:
9		(35 ILCS 200/15-168)
10		Sec. 15-168. Homestead exemption for persons with
11		disabilities.
12		(a) Beginning with taxable year 2007, an annual homestead
13		exemption is granted to persons with disabilities in the amount
14		of $2,000, except as provided in subsection (c), to be deducted
15		from the property's value as equalized or assessed by the
16		Department of Revenue. The person with a disability shall
17		receive the homestead exemption upon meeting the following
18		requirements:
19		(1) The property must be occupied as the primary
20		residence by the person with a disability.
21		(2) The person with a disability must be liable for
22		paying the real estate taxes on the property.
23		(3) The person with a disability must be an owner of
24		record of the property or have a legal or equitable

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1		interest in the property as evidenced by a written
2		instrument. In the case of a leasehold interest in
3		property, the lease must be for a single family residence.
4		A person who has a disability during the taxable year is
5		eligible to apply for this homestead exemption during that
6		taxable year. Application must be made during the application
7		period in effect for the county of residence. If a homestead
8		exemption has been granted under this Section and the person
9		awarded the exemption subsequently becomes a resident of a
10		facility licensed under the Nursing Home Care Act, the
11		Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
12		Community Care Act, or the MC/DD Act, then the exemption shall
13		continue (i) so long as the residence continues to be occupied
14		by the qualifying person's spouse or (ii) if the residence
15		remains unoccupied but is still owned by the person qualified
16		for the homestead exemption.
17		(b) For the purposes of this Section, "person with a
18		disability" means a person unable to engage in any substantial
19		gainful activity by reason of a medically determinable physical
20		or mental impairment which can be expected to result in death
21		or has lasted or can be expected to last for a continuous
22		period of not less than 12 months. Persons with disabilities
23		filing claims under this Act shall submit proof of disability
24		in such form and manner as the Department shall by rule and
25		regulation prescribe. Proof that a claimant is eligible to
26		receive disability benefits under the Federal Social Security

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1		Act shall constitute proof of disability for purposes of this
2		Act. Issuance of an Illinois Person with a Disability
3		Identification Card stating that the claimant is under a Class
4		2 disability, as defined in Section 4A of the Illinois
5		Identification Card Act, shall constitute proof that the person
6		named thereon is a person with a disability for purposes of
7		this Act. A person with a disability not covered under the
8		Federal Social Security Act and not presenting an Illinois
9		Person with a Disability Identification Card stating that the
10		claimant is under a Class 2 disability shall be examined by a
11		physician, advanced practice registered nurse, or physician
12		assistant designated by the Department, and his status as a
13		person with a disability determined using the same standards as
14		used by the Social Security Administration. The costs of any
15		required examination shall be borne by the claimant.
16		(c) For land improved with (i) an apartment building owned
17		and operated as a cooperative or (ii) a life care facility as
18		defined under Section 2 of the Life Care Facilities Act that is
19		considered to be a cooperative, the maximum reduction from the
20		value of the property, as equalized or assessed by the
21		Department, shall be multiplied by the number of apartments or
22		units occupied by a person with a disability. The person with a
23		disability shall receive the homestead exemption upon meeting
24		the following requirements:
25		(1) The property must be occupied as the primary
26		residence by the person with a disability.

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1		(2) The person with a disability must be liable by
2		contract with the owner or owners of record for paying the
3		apportioned property taxes on the property of the
4		cooperative or life care facility. In the case of a life
5		care facility, the person with a disability must be liable
6		for paying the apportioned property taxes under a life care
7		contract as defined in Section 2 of the Life Care
8		Facilities Act.
9		(3) The person with a disability must be an owner of
10		record of a legal or equitable interest in the cooperative
11		apartment building. A leasehold interest does not meet this
12		requirement.
13		If a homestead exemption is granted under this subsection, the
14		cooperative association or management firm shall credit the
15		savings resulting from the exemption to the apportioned tax
16		liability of the qualifying person with a disability. The chief
17		county assessment officer may request reasonable proof that the
18		association or firm has properly credited the exemption. A
19		person who willfully refuses to credit an exemption to the
20		qualified person with a disability is guilty of a Class B
21		misdemeanor.
22		(d) The chief county assessment officer shall determine the
23		eligibility of property to receive the homestead exemption
24		according to guidelines established by the Department. After a
25		person has received an exemption under this Section, an annual
26		verification of eligibility for the exemption shall be mailed

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1		to the taxpayer.
2		In counties with fewer than 3,000,000 inhabitants, the
3		chief county assessment officer shall provide to each person
4		granted a homestead exemption under this Section a form to
5		designate any other person to receive a duplicate of any notice
6		of delinquency in the payment of taxes assessed and levied
7		under this Code on the person's qualifying property. The
8		duplicate notice shall be in addition to the notice required to
9		be provided to the person receiving the exemption and shall be
10		given in the manner required by this Code. The person filing
11		the request for the duplicate notice shall pay an
12		administrative fee of $5 to the chief county assessment
13		officer. The assessment officer shall then file the executed
14		designation with the county collector, who shall issue the
15		duplicate notices as indicated by the designation. A
16		designation may be rescinded by the person with a disability in
17		the manner required by the chief county assessment officer.
18		(e) A taxpayer who claims an exemption under Section 15-165
19		or 15-169 may not claim an exemption under this Section.
20		(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
21		99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.
22		7-28-16.)
23		(35 ILCS 200/15-172)
24		Sec. 15-172. Senior Citizens Assessment Freeze Homestead
25		Exemption.

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1		(a) This Section may be cited as the Senior Citizens
2		Assessment Freeze Homestead Exemption.
3		(b) As used in this Section:
4		"Applicant" means an individual who has filed an
5		application under this Section.
6		"Base amount" means the base year equalized assessed value
7		of the residence plus the first year's equalized assessed value
8		of any added improvements which increased the assessed value of
9		the residence after the base year.
10		"Base year" means the taxable year prior to the taxable
11		year for which the applicant first qualifies and applies for
12		the exemption provided that in the prior taxable year the
13		property was improved with a permanent structure that was
14		occupied as a residence by the applicant who was liable for
15		paying real property taxes on the property and who was either
16		(i) an owner of record of the property or had legal or
17		equitable interest in the property as evidenced by a written
18		instrument or (ii) had a legal or equitable interest as a
19		lessee in the parcel of property that was single family
20		residence. If in any subsequent taxable year for which the
21		applicant applies and qualifies for the exemption the equalized
22		assessed value of the residence is less than the equalized
23		assessed value in the existing base year (provided that such
24		equalized assessed value is not based on an assessed value that
25		results from a temporary irregularity in the property that
26		reduces the assessed value for one or more taxable years), then

HB0313 Engrossed - 95 - LRB100 04130 SMS 14135 b
1		that subsequent taxable year shall become the base year until a
2		new base year is established under the terms of this paragraph.
3		For taxable year 1999 only, the Chief County Assessment Officer
4		shall review (i) all taxable years for which the applicant
5		applied and qualified for the exemption and (ii) the existing
6		base year. The assessment officer shall select as the new base
7		year the year with the lowest equalized assessed value. An
8		equalized assessed value that is based on an assessed value
9		that results from a temporary irregularity in the property that
10		reduces the assessed value for one or more taxable years shall
11		not be considered the lowest equalized assessed value. The
12		selected year shall be the base year for taxable year 1999 and
13		thereafter until a new base year is established under the terms
14		of this paragraph.
15		"Chief County Assessment Officer" means the County
16		Assessor or Supervisor of Assessments of the county in which
17		the property is located.
18		"Equalized assessed value" means the assessed value as
19		equalized by the Illinois Department of Revenue.
20		"Household" means the applicant, the spouse of the
21		applicant, and all persons using the residence of the applicant
22		as their principal place of residence.
23		"Household income" means the combined income of the members
24		of a household for the calendar year preceding the taxable
25		year.
26		"Income" has the same meaning as provided in Section 3.07

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1		of the Senior Citizens and Persons with Disabilities Property
2		Tax Relief Act, except that, beginning in assessment year 2001,
3		"income" does not include veteran's benefits.
4		"Internal Revenue Code of 1986" means the United States
5		Internal Revenue Code of 1986 or any successor law or laws
6		relating to federal income taxes in effect for the year
7		preceding the taxable year.
8		"Life care facility that qualifies as a cooperative" means
9		a facility as defined in Section 2 of the Life Care Facilities
10		Act.
11		"Maximum income limitation" means:
12		(1) $35,000 prior to taxable year 1999;
13		(2) $40,000 in taxable years 1999 through 2003;
14		(3) $45,000 in taxable years 2004 through 2005;
15		(4) $50,000 in taxable years 2006 and 2007; and
16		(5) $55,000 in taxable year 2008 and thereafter.
17		"Residence" means the principal dwelling place and
18		appurtenant structures used for residential purposes in this
19		State occupied on January 1 of the taxable year by a household
20		and so much of the surrounding land, constituting the parcel
21		upon which the dwelling place is situated, as is used for
22		residential purposes. If the Chief County Assessment Officer
23		has established a specific legal description for a portion of
24		property constituting the residence, then that portion of
25		property shall be deemed the residence for the purposes of this
26		Section.

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1		"Taxable year" means the calendar year during which ad
2		valorem property taxes payable in the next succeeding year are
3		levied.
4		(c) Beginning in taxable year 1994, a senior citizens
5		assessment freeze homestead exemption is granted for real
6		property that is improved with a permanent structure that is
7		occupied as a residence by an applicant who (i) is 65 years of
8		age or older during the taxable year, (ii) has a household
9		income that does not exceed the maximum income limitation,
10		(iii) is liable for paying real property taxes on the property,
11		and (iv) is an owner of record of the property or has a legal or
12		equitable interest in the property as evidenced by a written
13		instrument. This homestead exemption shall also apply to a
14		leasehold interest in a parcel of property improved with a
15		permanent structure that is a single family residence that is
16		occupied as a residence by a person who (i) is 65 years of age
17		or older during the taxable year, (ii) has a household income
18		that does not exceed the maximum income limitation, (iii) has a
19		legal or equitable ownership interest in the property as
20		lessee, and (iv) is liable for the payment of real property
21		taxes on that property.
22		In counties of 3,000,000 or more inhabitants, the amount of
23		the exemption for all taxable years is the equalized assessed
24		value of the residence in the taxable year for which
25		application is made minus the base amount. In all other
26		counties, the amount of the exemption is as follows: (i)

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1		through taxable year 2005 and for taxable year 2007 and
2		thereafter, the amount of this exemption shall be the equalized
3		assessed value of the residence in the taxable year for which
4		application is made minus the base amount; and (ii) for taxable
5		year 2006, the amount of the exemption is as follows:
6		(1) For an applicant who has a household income of
7		$45,000 or less, the amount of the exemption is the
8		equalized assessed value of the residence in the taxable
9		year for which application is made minus the base amount.
10		(2) For an applicant who has a household income
11		exceeding $45,000 but not exceeding $46,250, the amount of
12		the exemption is (i) the equalized assessed value of the
13		residence in the taxable year for which application is made
14		minus the base amount (ii) multiplied by 0.8.
15		(3) For an applicant who has a household income
16		exceeding $46,250 but not exceeding $47,500, the amount of
17		the exemption is (i) the equalized assessed value of the
18		residence in the taxable year for which application is made
19		minus the base amount (ii) multiplied by 0.6.
20		(4) For an applicant who has a household income
21		exceeding $47,500 but not exceeding $48,750, the amount of
22		the exemption is (i) the equalized assessed value of the
23		residence in the taxable year for which application is made
24		minus the base amount (ii) multiplied by 0.4.
25		(5) For an applicant who has a household income
26		exceeding $48,750 but not exceeding $50,000, the amount of

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1		the exemption is (i) the equalized assessed value of the
2		residence in the taxable year for which application is made
3		minus the base amount (ii) multiplied by 0.2.
4		When the applicant is a surviving spouse of an applicant
5		for a prior year for the same residence for which an exemption
6		under this Section has been granted, the base year and base
7		amount for that residence are the same as for the applicant for
8		the prior year.
9		Each year at the time the assessment books are certified to
10		the County Clerk, the Board of Review or Board of Appeals shall
11		give to the County Clerk a list of the assessed values of
12		improvements on each parcel qualifying for this exemption that
13		were added after the base year for this parcel and that
14		increased the assessed value of the property.
15		In the case of land improved with an apartment building
16		owned and operated as a cooperative or a building that is a
17		life care facility that qualifies as a cooperative, the maximum
18		reduction from the equalized assessed value of the property is
19		limited to the sum of the reductions calculated for each unit
20		occupied as a residence by a person or persons (i) 65 years of
21		age or older, (ii) with a household income that does not exceed
22		the maximum income limitation, (iii) who is liable, by contract
23		with the owner or owners of record, for paying real property
24		taxes on the property, and (iv) who is an owner of record of a
25		legal or equitable interest in the cooperative apartment
26		building, other than a leasehold interest. In the instance of a

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1		cooperative where a homestead exemption has been granted under
2		this Section, the cooperative association or its management
3		firm shall credit the savings resulting from that exemption
4		only to the apportioned tax liability of the owner who
5		qualified for the exemption. Any person who willfully refuses
6		to credit that savings to an owner who qualifies for the
7		exemption is guilty of a Class B misdemeanor.
8		When a homestead exemption has been granted under this
9		Section and an applicant then becomes a resident of a facility
10		licensed under the Assisted Living and Shared Housing Act, the
11		Nursing Home Care Act, the Specialized Mental Health
12		Rehabilitation Act of 2013, the ID/DD Community Care Act, or
13		the MC/DD Act, the exemption shall be granted in subsequent
14		years so long as the residence (i) continues to be occupied by
15		the qualified applicant's spouse or (ii) if remaining
16		unoccupied, is still owned by the qualified applicant for the
17		homestead exemption.
18		Beginning January 1, 1997, when an individual dies who
19		would have qualified for an exemption under this Section, and
20		the surviving spouse does not independently qualify for this
21		exemption because of age, the exemption under this Section
22		shall be granted to the surviving spouse for the taxable year
23		preceding and the taxable year of the death, provided that,
24		except for age, the surviving spouse meets all other
25		qualifications for the granting of this exemption for those
26		years.

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1		When married persons maintain separate residences, the
2		exemption provided for in this Section may be claimed by only
3		one of such persons and for only one residence.
4		For taxable year 1994 only, in counties having less than
5		3,000,000 inhabitants, to receive the exemption, a person shall
6		submit an application by February 15, 1995 to the Chief County
7		Assessment Officer of the county in which the property is
8		located. In counties having 3,000,000 or more inhabitants, for
9		taxable year 1994 and all subsequent taxable years, to receive
10		the exemption, a person may submit an application to the Chief
11		County Assessment Officer of the county in which the property
12		is located during such period as may be specified by the Chief
13		County Assessment Officer. The Chief County Assessment Officer
14		in counties of 3,000,000 or more inhabitants shall annually
15		give notice of the application period by mail or by
16		publication. In counties having less than 3,000,000
17		inhabitants, beginning with taxable year 1995 and thereafter,
18		to receive the exemption, a person shall submit an application
19		by July 1 of each taxable year to the Chief County Assessment
20		Officer of the county in which the property is located. A
21		county may, by ordinance, establish a date for submission of
22		applications that is different than July 1. The applicant shall
23		submit with the application an affidavit of the applicant's
24		total household income, age, marital status (and if married the
25		name and address of the applicant's spouse, if known), and
26		principal dwelling place of members of the household on January

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1		1 of the taxable year. The Department shall establish, by rule,
2		a method for verifying the accuracy of affidavits filed by
3		applicants under this Section, and the Chief County Assessment
4		Officer may conduct audits of any taxpayer claiming an
5		exemption under this Section to verify that the taxpayer is
6		eligible to receive the exemption. Each application shall
7		contain or be verified by a written declaration that it is made
8		under the penalties of perjury. A taxpayer's signing a
9		fraudulent application under this Act is perjury, as defined in
10		Section 32-2 of the Criminal Code of 2012. The applications
11		shall be clearly marked as applications for the Senior Citizens
12		Assessment Freeze Homestead Exemption and must contain a notice
13		that any taxpayer who receives the exemption is subject to an
14		audit by the Chief County Assessment Officer.
15		Notwithstanding any other provision to the contrary, in
16		counties having fewer than 3,000,000 inhabitants, if an
17		applicant fails to file the application required by this
18		Section in a timely manner and this failure to file is due to a
19		mental or physical condition sufficiently severe so as to
20		render the applicant incapable of filing the application in a
21		timely manner, the Chief County Assessment Officer may extend
22		the filing deadline for a period of 30 days after the applicant
23		regains the capability to file the application, but in no case
24		may the filing deadline be extended beyond 3 months of the
25		original filing deadline. In order to receive the extension
26		provided in this paragraph, the applicant shall provide the

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1		Chief County Assessment Officer with a signed statement from
2		the applicant's physician, advanced practice registered nurse,
3		or physician assistant stating the nature and extent of the
4		condition, that, in the physician's, advanced practice
5		registered nurse's, or physician assistant's opinion, the
6		condition was so severe that it rendered the applicant
7		incapable of filing the application in a timely manner, and the
8		date on which the applicant regained the capability to file the
9		application.
10		Beginning January 1, 1998, notwithstanding any other
11		provision to the contrary, in counties having fewer than
12		3,000,000 inhabitants, if an applicant fails to file the
13		application required by this Section in a timely manner and
14		this failure to file is due to a mental or physical condition
15		sufficiently severe so as to render the applicant incapable of
16		filing the application in a timely manner, the Chief County
17		Assessment Officer may extend the filing deadline for a period
18		of 3 months. In order to receive the extension provided in this
19		paragraph, the applicant shall provide the Chief County
20		Assessment Officer with a signed statement from the applicant's
21		physician, advanced practice registered nurse, or physician
22		assistant stating the nature and extent of the condition, and
23		that, in the physician's, advanced practice registered
24		nurse's, or physician assistant's opinion, the condition was so
25		severe that it rendered the applicant incapable of filing the
26		application in a timely manner.

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1		In counties having less than 3,000,000 inhabitants, if an
2		applicant was denied an exemption in taxable year 1994 and the
3		denial occurred due to an error on the part of an assessment
4		official, or his or her agent or employee, then beginning in
5		taxable year 1997 the applicant's base year, for purposes of
6		determining the amount of the exemption, shall be 1993 rather
7		than 1994. In addition, in taxable year 1997, the applicant's
8		exemption shall also include an amount equal to (i) the amount
9		of any exemption denied to the applicant in taxable year 1995
10		as a result of using 1994, rather than 1993, as the base year,
11		(ii) the amount of any exemption denied to the applicant in
12		taxable year 1996 as a result of using 1994, rather than 1993,
13		as the base year, and (iii) the amount of the exemption
14		erroneously denied for taxable year 1994.
15		For purposes of this Section, a person who will be 65 years
16		of age during the current taxable year shall be eligible to
17		apply for the homestead exemption during that taxable year.
18		Application shall be made during the application period in
19		effect for the county of his or her residence.
20		The Chief County Assessment Officer may determine the
21		eligibility of a life care facility that qualifies as a
22		cooperative to receive the benefits provided by this Section by
23		use of an affidavit, application, visual inspection,
24		questionnaire, or other reasonable method in order to insure
25		that the tax savings resulting from the exemption are credited
26		by the management firm to the apportioned tax liability of each

HB0313 Engrossed - 105 - LRB100 04130 SMS 14135 b
1		qualifying resident. The Chief County Assessment Officer may
2		request reasonable proof that the management firm has so
3		credited that exemption.
4		Except as provided in this Section, all information
5		received by the chief county assessment officer or the
6		Department from applications filed under this Section, or from
7		any investigation conducted under the provisions of this
8		Section, shall be confidential, except for official purposes or
9		pursuant to official procedures for collection of any State or
10		local tax or enforcement of any civil or criminal penalty or
11		sanction imposed by this Act or by any statute or ordinance
12		imposing a State or local tax. Any person who divulges any such
13		information in any manner, except in accordance with a proper
14		judicial order, is guilty of a Class A misdemeanor.
15		Nothing contained in this Section shall prevent the
16		Director or chief county assessment officer from publishing or
17		making available reasonable statistics concerning the
18		operation of the exemption contained in this Section in which
19		the contents of claims are grouped into aggregates in such a
20		way that information contained in any individual claim shall
21		not be disclosed.
22		(d) Each Chief County Assessment Officer shall annually
23		publish a notice of availability of the exemption provided
24		under this Section. The notice shall be published at least 60
25		days but no more than 75 days prior to the date on which the
26		application must be submitted to the Chief County Assessment

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1		Officer of the county in which the property is located. The
2		notice shall appear in a newspaper of general circulation in
3		the county.
4		Notwithstanding Sections 6 and 8 of the State Mandates Act,
5		no reimbursement by the State is required for the
6		implementation of any mandate created by this Section.
7		(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
8		99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.
9		7-28-16.)
10		Section 75. The Counties Code is amended by changing
11		Sections 3-14049, 3-15003.6, and 5-1069 as follows:
12		(55 ILCS 5/3-14049) (from Ch. 34, par. 3-14049)
13		Sec. 3-14049. Appointment of physicians and nurses for the
14		poor and mentally ill persons. The appointment, employment and
15		removal by the Board of Commissioners of Cook County of all
16		physicians and surgeons, advanced practice registered nurses,
17		physician assistants, and nurses for the care and treatment of
18		the sick, poor, mentally ill or persons in need of mental
19		treatment of said county shall be made only in conformity with
20		rules prescribed by the County Civil Service Commission to
21		accomplish the purposes of this Section.
22		The Board of Commissioners of Cook County may provide that
23		all such physicians and surgeons who serve without compensation
24		shall be appointed for a term to be fixed by the Board, and

HB0313 Engrossed - 107 - LRB100 04130 SMS 14135 b
1		that the physicians and surgeons usually designated and known
2		as interns shall be appointed for a term to be fixed by the
3		Board: Provided, that there may also, at the discretion of the
4		board, be a consulting staff of physicians and surgeons, which
5		staff may be appointed by the president, subject to the
6		approval of the board, and provided further, that the Board may
7		contract with any recognized training school or any program for
8		health professionals for health care services of any or all of
9		such sick or mentally ill or persons in need of mental
10		treatment.
11		(Source: P.A. 99-581, eff. 1-1-17.)
12		(55 ILCS 5/3-15003.6)
13		Sec. 3-15003.6. Pregnant female prisoners.
14		(a) Definitions. For the purpose of this Section:
15		(1) "Restraints" means any physical restraint or
16		mechanical device used to control the movement of a
17		prisoner's body or limbs, or both, including, but not
18		limited to, flex cuffs, soft restraints, hard metal
19		handcuffs, a black box, Chubb cuffs, leg irons, belly
20		chains, a security (tether) chain, or a convex shield, or
21		shackles of any kind.
22		(2) "Labor" means the period of time before a birth and
23		shall include any medical condition in which a woman is
24		sent or brought to the hospital for the purpose of
25		delivering her baby. These situations include: induction

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1		of labor, prodromal labor, pre-term labor, prelabor
2		rupture of membranes, the 3 stages of active labor, uterine
3		hemorrhage during the third trimester of pregnancy, and
4		caesarian delivery including pre-operative preparation.
5		(3) "Post-partum" means, as determined by her
6		physician, advanced practice registered nurse, or
7		physician assistant, the period immediately following
8		delivery, including the entire period a woman is in the
9		hospital or infirmary after birth.
10		(4) "Correctional institution" means any entity under
11		the authority of a county law enforcement division of a
12		county of more than 3,000,000 inhabitants that has the
13		power to detain or restrain, or both, a person under the
14		laws of the State.
15		(5) "Corrections official" means the official that is
16		responsible for oversight of a correctional institution,
17		or his or her designee.
18		(6) "Prisoner" means any person incarcerated or
19		detained in any facility who is accused of, convicted of,
20		sentenced for, or adjudicated delinquent for, violations
21		of criminal law or the terms and conditions of parole,
22		probation, pretrial release, or diversionary program, and
23		any person detained under the immigration laws of the
24		United States at any correctional facility.
25		(7) "Extraordinary circumstance" means an
26		extraordinary medical or security circumstance, including

HB0313 Engrossed - 109 - LRB100 04130 SMS 14135 b
1		a substantial flight risk, that dictates restraints be used
2		to ensure the safety and security of the prisoner, the
3		staff of the correctional institution or medical facility,
4		other prisoners, or the public.
5		(b) A county department of corrections shall not apply
6		security restraints to a prisoner that has been determined by a
7		qualified medical professional to be pregnant and is known by
8		the county department of corrections to be pregnant or in
9		postpartum recovery, which is the entire period a woman is in
10		the medical facility after birth, unless the corrections
11		official makes an individualized determination that the
12		prisoner presents a substantial flight risk or some other
13		extraordinary circumstance that dictates security restraints
14		be used to ensure the safety and security of the prisoner, her
15		child or unborn child, the staff of the county department of
16		corrections or medical facility, other prisoners, or the
17		public. The protections set out in clauses (b)(3) and (b)(4) of
18		this Section shall apply to security restraints used pursuant
19		to this subsection. The corrections official shall immediately
20		remove all restraints upon the written or oral request of
21		medical personnel. Oral requests made by medical personnel
22		shall be verified in writing as promptly as reasonably
23		possible.
24		(1) Qualified authorized health staff shall have the
25		authority to order therapeutic restraints for a pregnant or
26		postpartum prisoner who is a danger to herself, her child,

HB0313 Engrossed - 110 - LRB100 04130 SMS 14135 b
1		unborn child, or other persons due to a psychiatric or
2		medical disorder. Therapeutic restraints may only be
3		initiated, monitored and discontinued by qualified and
4		authorized health staff and used to safely limit a
5		prisoner's mobility for psychiatric or medical reasons. No
6		order for therapeutic restraints shall be written unless
7		medical or mental health personnel, after personally
8		observing and examining the prisoner, are clinically
9		satisfied that the use of therapeutic restraints is
10		justified and permitted in accordance with hospital
11		policies and applicable State law. Metal handcuffs or
12		shackles are not considered therapeutic restraints.
13		(2) Whenever therapeutic restraints are used by
14		medical personnel, Section 2-108 of the Mental Health and
15		Developmental Disabilities Code shall apply.
16		(3) Leg irons, shackles or waist shackles shall not be
17		used on any pregnant or postpartum prisoner regardless of
18		security classification. Except for therapeutic restraints
19		under clause (b)(2), no restraints of any kind may be
20		applied to prisoners during labor.
21		(4) When a pregnant or postpartum prisoner must be
22		restrained, restraints used shall be the least restrictive
23		restraints possible to ensure the safety and security of
24		the prisoner, her child, unborn child, the staff of the
25		county department of corrections or medical facility,
26		other prisoners, or the public, and in no case shall

HB0313 Engrossed - 111 - LRB100 04130 SMS 14135 b
1		include leg irons, shackles or waist shackles.
2		(5) Upon the pregnant prisoner's entry into a hospital
3		room, and completion of initial room inspection, a
4		corrections official shall be posted immediately outside
5		the hospital room, unless requested to be in the room by
6		medical personnel attending to the prisoner's medical
7		needs.
8		(6) The county department of corrections shall provide
9		adequate corrections personnel to monitor the pregnant
10		prisoner during her transport to and from the hospital and
11		during her stay at the hospital.
12		(7) Where the county department of corrections
13		requires prisoner safety assessments, a corrections
14		official may enter the hospital room to conduct periodic
15		prisoner safety assessments, except during a medical
16		examination or the delivery process.
17		(8) Upon discharge from a medical facility, postpartum
18		prisoners shall be restrained only with handcuffs in front
19		of the body during transport to the county department of
20		corrections. A corrections official shall immediately
21		remove all security restraints upon written or oral request
22		by medical personnel. Oral requests made by medical
23		personnel shall be verified in writing as promptly as
24		reasonably possible.
25		(c) Enforcement. No later than 30 days before the end of
26		each fiscal year, the county sheriff or corrections official of

HB0313 Engrossed - 112 - LRB100 04130 SMS 14135 b
1		the correctional institution where a pregnant prisoner has been
2		restrained during that previous fiscal year, shall submit a
3		written report to the Illinois General Assembly and the Office
4		of the Governor that includes an account of every instance of
5		prisoner restraint pursuant to this Section. The written report
6		shall state the date, time, location and rationale for each
7		instance in which restraints are used. The written report shall
8		not contain any individually identifying information of any
9		prisoner. Such reports shall be made available for public
10		inspection.
11		(Source: P.A. 99-581, eff. 1-1-17.)
12		(55 ILCS 5/5-1069) (from Ch. 34, par. 5-1069)
13		Sec. 5-1069. Group life, health, accident, hospital, and
14		medical insurance.
15		(a) The county board of any county may arrange to provide,
16		for the benefit of employees of the county, group life, health,
17		accident, hospital, and medical insurance, or any one or any
18		combination of those types of insurance, or the county board
19		may self-insure, for the benefit of its employees, all or a
20		portion of the employees' group life, health, accident,
21		hospital, and medical insurance, or any one or any combination
22		of those types of insurance, including a combination of
23		self-insurance and other types of insurance authorized by this
24		Section, provided that the county board complies with all other
25		requirements of this Section. The insurance may include

HB0313 Engrossed - 113 - LRB100 04130 SMS 14135 b
1		provision for employees who rely on treatment by prayer or
2		spiritual means alone for healing in accordance with the tenets
3		and practice of a well recognized religious denomination. The
4		county board may provide for payment by the county of a portion
5		or all of the premium or charge for the insurance with the
6		employee paying the balance of the premium or charge, if any.
7		If the county board undertakes a plan under which the county
8		pays only a portion of the premium or charge, the county board
9		shall provide for withholding and deducting from the
10		compensation of those employees who consent to join the plan
11		the balance of the premium or charge for the insurance.
12		(b) If the county board does not provide for self-insurance
13		or for a plan under which the county pays a portion or all of
14		the premium or charge for a group insurance plan, the county
15		board may provide for withholding and deducting from the
16		compensation of those employees who consent thereto the total
17		premium or charge for any group life, health, accident,
18		hospital, and medical insurance.
19		(c) The county board may exercise the powers granted in
20		this Section only if it provides for self-insurance or, where
21		it makes arrangements to provide group insurance through an
22		insurance carrier, if the kinds of group insurance are obtained
23		from an insurance company authorized to do business in the
24		State of Illinois. The county board may enact an ordinance
25		prescribing the method of operation of the insurance program.
26		(d) If a county, including a home rule county, is a

HB0313 Engrossed - 114 - LRB100 04130 SMS 14135 b
1		self-insurer for purposes of providing health insurance
2		coverage for its employees, the insurance coverage shall
3		include screening by low-dose mammography for all women 35
4		years of age or older for the presence of occult breast cancer
5		unless the county elects to provide mammograms itself under
6		Section 5-1069.1. The coverage shall be as follows:
7		(1) A baseline mammogram for women 35 to 39 years of
8		age.
9		(2) An annual mammogram for women 40 years of age or
10		older.
11		(3) A mammogram at the age and intervals considered
12		medically necessary by the woman's health care provider for
13		women under 40 years of age and having a family history of
14		breast cancer, prior personal history of breast cancer,
15		positive genetic testing, or other risk factors.
16		(4) A comprehensive ultrasound screening of an entire
17		breast or breasts if a mammogram demonstrates
18		heterogeneous or dense breast tissue, when medically
19		necessary as determined by a physician licensed to practice
20		medicine in all of its branches, advanced practice
21		registered nurse, or physician assistant.
22		For purposes of this subsection, "low-dose mammography"
23		means the x-ray examination of the breast using equipment
24		dedicated specifically for mammography, including the x-ray
25		tube, filter, compression device, and image receptor, with an
26		average radiation exposure delivery of less than one rad per

HB0313 Engrossed - 115 - LRB100 04130 SMS 14135 b
1		breast for 2 views of an average size breast. The term also
2		includes digital mammography.
3		(d-5) Coverage as described by subsection (d) shall be
4		provided at no cost to the insured and shall not be applied to
5		an annual or lifetime maximum benefit.
6		(d-10) When health care services are available through
7		contracted providers and a person does not comply with plan
8		provisions specific to the use of contracted providers, the
9		requirements of subsection (d-5) are not applicable. When a
10		person does not comply with plan provisions specific to the use
11		of contracted providers, plan provisions specific to the use of
12		non-contracted providers must be applied without distinction
13		for coverage required by this Section and shall be at least as
14		favorable as for other radiological examinations covered by the
15		policy or contract.
16		(d-15) If a county, including a home rule county, is a
17		self-insurer for purposes of providing health insurance
18		coverage for its employees, the insurance coverage shall
19		include mastectomy coverage, which includes coverage for
20		prosthetic devices or reconstructive surgery incident to the
21		mastectomy. Coverage for breast reconstruction in connection
22		with a mastectomy shall include:
23		(1) reconstruction of the breast upon which the
24		mastectomy has been performed;
25		(2) surgery and reconstruction of the other breast to
26		produce a symmetrical appearance; and

HB0313 Engrossed - 116 - LRB100 04130 SMS 14135 b
1		(3) prostheses and treatment for physical
2		complications at all stages of mastectomy, including
3		lymphedemas.
4		Care shall be determined in consultation with the attending
5		physician and the patient. The offered coverage for prosthetic
6		devices and reconstructive surgery shall be subject to the
7		deductible and coinsurance conditions applied to the
8		mastectomy, and all other terms and conditions applicable to
9		other benefits. When a mastectomy is performed and there is no
10		evidence of malignancy then the offered coverage may be limited
11		to the provision of prosthetic devices and reconstructive
12		surgery to within 2 years after the date of the mastectomy. As
13		used in this Section, "mastectomy" means the removal of all or
14		part of the breast for medically necessary reasons, as
15		determined by a licensed physician.
16		A county, including a home rule county, that is a
17		self-insurer for purposes of providing health insurance
18		coverage for its employees, may not penalize or reduce or limit
19		the reimbursement of an attending provider or provide
20		incentives (monetary or otherwise) to an attending provider to
21		induce the provider to provide care to an insured in a manner
22		inconsistent with this Section.
23		(d-20) The requirement that mammograms be included in
24		health insurance coverage as provided in subsections (d)
25		through (d-15) is an exclusive power and function of the State
26		and is a denial and limitation under Article VII, Section 6,

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1		subsection (h) of the Illinois Constitution of home rule county
2		powers. A home rule county to which subsections (d) through
3		(d-15) apply must comply with every provision of those
4		subsections.
5		(e) The term "employees" as used in this Section includes
6		elected or appointed officials but does not include temporary
7		employees.
8		(f) The county board may, by ordinance, arrange to provide
9		group life, health, accident, hospital, and medical insurance,
10		or any one or a combination of those types of insurance, under
11		this Section to retired former employees and retired former
12		elected or appointed officials of the county.
13		(g) Rulemaking authority to implement this amendatory Act
14		of the 95th General Assembly, if any, is conditioned on the
15		rules being adopted in accordance with all provisions of the
16		Illinois Administrative Procedure Act and all rules and
17		procedures of the Joint Committee on Administrative Rules; any
18		purported rule not so adopted, for whatever reason, is
19		unauthorized.
20		(Source: P.A. 99-581, eff. 1-1-17.)
21		Section 80. The Illinois Municipal Code is amended by
22		changing Sections 10-1-38.1 and 10-2.1-18 as follows:
23		(65 ILCS 5/10-1-38.1) (from Ch. 24, par. 10-1-38.1)
24		Sec. 10-1-38.1. When the force of the Fire Department or of

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1		the Police Department is reduced, and positions displaced or
2		abolished, seniority shall prevail, and the officers and
3		members so reduced in rank, or removed from the service of the
4		Fire Department or of the Police Department shall be considered
5		furloughed without pay from the positions from which they were
6		reduced or removed.
7		Such reductions and removals shall be in strict compliance
8		with seniority and in no event shall any officer or member be
9		reduced more than one rank in a reduction of force. Officers
10		and members with the least seniority in the position to be
11		reduced shall be reduced to the next lower rated position. For
12		purposes of determining which officers and members will be
13		reduced in rank, seniority shall be determined by adding the
14		time spent at the rank or position from which the officer or
15		member is to be reduced and the time spent at any higher rank
16		or position in the Department. For purposes of determining
17		which officers or members in the lowest rank or position shall
18		be removed from the Department in the event of a layoff, length
19		of service in the Department shall be the basis for determining
20		seniority, with the least senior such officer or member being
21		the first so removed and laid off. Such officers or members
22		laid off shall have their names placed on an appropriate
23		reemployment list in the reverse order of dates of layoff.
24		If any positions which have been vacated because of
25		reduction in forces or displacement and abolition of positions,
26		are reinstated, such members and officers of the Fire

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1		Department or of the Police Department as are furloughed from
2		the said positions shall be notified by registered mail of such
3		reinstatement of positions and shall have prior right to such
4		positions if otherwise qualified, and in all cases seniority
5		shall prevail. Written application for such reinstated
6		position must be made by the furloughed person within 30 days
7		after notification as above provided and such person may be
8		required to submit to examination by physicians, advanced
9		practice registered nurses, or physician assistants of both the
10		commission and the appropriate pension board to determine his
11		physical fitness.
12		(Source: P.A. 99-581, eff. 1-1-17.)
13		(65 ILCS 5/10-2.1-18) (from Ch. 24, par. 10-2.1-18)
14		Sec. 10-2.1-18. Fire or police departments - Reduction of
15		force - Reinstatement. When the force of the fire department or
16		of the police department is reduced, and positions displaced or
17		abolished, seniority shall prevail and the officers and members
18		so reduced in rank, or removed from the service of the fire
19		department or of the police department shall be considered
20		furloughed without pay from the positions from which they were
21		reduced or removed.
22		Such reductions and removals shall be in strict compliance
23		with seniority and in no event shall any officer or member be
24		reduced more than one rank in a reduction of force. Officers
25		and members with the least seniority in the position to be

HB0313 Engrossed - 120 - LRB100 04130 SMS 14135 b
1		reduced shall be reduced to the next lower rated position. For
2		purposes of determining which officers and members will be
3		reduced in rank, seniority shall be determined by adding the
4		time spent at the rank or position from which the officer or
5		member is to be reduced and the time spent at any higher rank
6		or position in the Department. For purposes of determining
7		which officers or members in the lowest rank or position shall
8		be removed from the Department in the event of a layoff, length
9		of service in the Department shall be the basis for determining
10		seniority, with the least senior such officer or member being
11		the first so removed and laid off. Such officers or members
12		laid off shall have their names placed on an appropriate
13		reemployment list in the reverse order of dates of layoff.
14		If any positions which have been vacated because of
15		reduction in forces or displacement and abolition of positions,
16		are reinstated, such members and officers of the fire
17		department or of the police department as are furloughed from
18		the said positions shall be notified by the board by registered
19		mail of such reinstatement of positions and shall have prior
20		right to such positions if otherwise qualified, and in all
21		cases seniority shall prevail. Written application for such
22		reinstated position must be made by the furloughed person
23		within 30 days after notification as above provided and such
24		person may be required to submit to examination by physicians,
25		advanced practice registered nurses, or physician assistants
26		of both the board of fire and police commissioners and the

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1		appropriate pension board to determine his physical fitness.
2		(Source: P.A. 99-581, eff. 1-1-17.)
3		Section 85. The School Code is amended by changing Sections
4		22-30, 22-80, 24-5, 24-6, 26-1, and 27-8.1 as follows:
5		(105 ILCS 5/22-30)
6		Sec. 22-30. Self-administration and self-carry of asthma
7		medication and epinephrine auto-injectors; administration of
8		undesignated epinephrine auto-injectors; administration of an
9		opioid antagonist; asthma episode emergency response protocol.
10		(a) For the purpose of this Section only, the following
11		terms shall have the meanings set forth below:
12		"Asthma action plan" means a written plan developed with a
13		pupil's medical provider to help control the pupil's asthma.
14		The goal of an asthma action plan is to reduce or prevent
15		flare-ups and emergency department visits through day-to-day
16		management and to serve as a student-specific document to be
17		referenced in the event of an asthma episode.
18		"Asthma episode emergency response protocol" means a
19		procedure to provide assistance to a pupil experiencing
20		symptoms of wheezing, coughing, shortness of breath, chest
21		tightness, or breathing difficulty.
22		"Asthma inhaler" means a quick reliever asthma inhaler.
23		"Epinephrine auto-injector" means a single-use device used
24		for the automatic injection of a pre-measured dose of

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1		epinephrine into the human body.
2		"Asthma medication" means a medicine, prescribed by (i) a
3		physician licensed to practice medicine in all its branches,
4		(ii) a licensed physician assistant with prescriptive
5		authority, or (iii) a licensed advanced practice registered
6		nurse with prescriptive authority for a pupil that pertains to
7		the pupil's asthma and that has an individual prescription
8		label.
9		"Opioid antagonist" means a drug that binds to opioid
10		receptors and blocks or inhibits the effect of opioids acting
11		on those receptors, including, but not limited to, naloxone
12		hydrochloride or any other similarly acting drug approved by
13		the U.S. Food and Drug Administration.
14		"School nurse" means a registered nurse working in a school
15		with or without licensure endorsed in school nursing.
16		"Self-administration" means a pupil's discretionary use of
17		his or her prescribed asthma medication or epinephrine
18		auto-injector.
19		"Self-carry" means a pupil's ability to carry his or her
20		prescribed asthma medication or epinephrine auto-injector.
21		"Standing protocol" may be issued by (i) a physician
22		licensed to practice medicine in all its branches, (ii) a
23		licensed physician assistant with prescriptive authority, or
24		(iii) a licensed advanced practice registered nurse with
25		prescriptive authority.
26		"Trained personnel" means any school employee or volunteer

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1		personnel authorized in Sections 10-22.34, 10-22.34a, and
2		10-22.34b of this Code who has completed training under
3		subsection (g) of this Section to recognize and respond to
4		anaphylaxis.
5		"Undesignated epinephrine auto-injector" means an
6		epinephrine auto-injector prescribed in the name of a school
7		district, public school, or nonpublic school.
8		(b) A school, whether public or nonpublic, must permit the
9		self-administration and self-carry of asthma medication by a
10		pupil with asthma or the self-administration and self-carry of
11		an epinephrine auto-injector by a pupil, provided that:
12		(1) the parents or guardians of the pupil provide to
13		the school (i) written authorization from the parents or
14		guardians for (A) the self-administration and self-carry
15		of asthma medication or (B) the self-carry of asthma
16		medication or (ii) for (A) the self-administration and
17		self-carry of an epinephrine auto-injector or (B) the
18		self-carry of an epinephrine auto-injector, written
19		authorization from the pupil's physician, physician
20		assistant, or advanced practice registered nurse; and
21		(2) the parents or guardians of the pupil provide to
22		the school (i) the prescription label, which must contain
23		the name of the asthma medication, the prescribed dosage,
24		and the time at which or circumstances under which the
25		asthma medication is to be administered, or (ii) for the
26		self-administration or self-carry of an epinephrine

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1		auto-injector, a written statement from the pupil's
2		physician, physician assistant, or advanced practice
3		registered nurse containing the following information:
4		(A) the name and purpose of the epinephrine
5		auto-injector;
6		(B) the prescribed dosage; and
7		(C) the time or times at which or the special
8		circumstances under which the epinephrine
9		auto-injector is to be administered.
10		The information provided shall be kept on file in the office of
11		the school nurse or, in the absence of a school nurse, the
12		school's administrator.
13		(b-5) A school district, public school, or nonpublic school
14		may authorize the provision of a student-specific or
15		undesignated epinephrine auto-injector to a student or any
16		personnel authorized under a student's Individual Health Care
17		Action Plan, Illinois Food Allergy Emergency Action Plan and
18		Treatment Authorization Form, or plan pursuant to Section 504
19		of the federal Rehabilitation Act of 1973 to administer an
20		epinephrine auto-injector to the student, that meets the
21		student's prescription on file.
22		(b-10) The school district, public school, or nonpublic
23		school may authorize a school nurse or trained personnel to do
24		the following: (i) provide an undesignated epinephrine
25		auto-injector to a student for self-administration only or any
26		personnel authorized under a student's Individual Health Care

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1		Action Plan, Illinois Food Allergy Emergency Action Plan and
2		Treatment Authorization Form, or plan pursuant to Section 504
3		of the federal Rehabilitation Act of 1973 to administer to the
4		student, that meets the student's prescription on file; (ii)
5		administer an undesignated epinephrine auto-injector that
6		meets the prescription on file to any student who has an
7		Individual Health Care Action Plan, Illinois Food Allergy
8		Emergency Action Plan and Treatment Authorization Form, or plan
9		pursuant to Section 504 of the federal Rehabilitation Act of
10		1973 that authorizes the use of an epinephrine auto-injector;
11		(iii) administer an undesignated epinephrine auto-injector to
12		any person that the school nurse or trained personnel in good
13		faith believes is having an anaphylactic reaction; and (iv)
14		administer an opioid antagonist to any person that the school
15		nurse or trained personnel in good faith believes is having an
16		opioid overdose.
17		(c) The school district, public school, or nonpublic school
18		must inform the parents or guardians of the pupil, in writing,
19		that the school district, public school, or nonpublic school
20		and its employees and agents, including a physician, physician
21		assistant, or advanced practice registered nurse providing
22		standing protocol or prescription for school epinephrine
23		auto-injectors, are to incur no liability or professional
24		discipline, except for willful and wanton conduct, as a result
25		of any injury arising from the administration of asthma
26		medication, an epinephrine auto-injector, or an opioid

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1		antagonist regardless of whether authorization was given by the
2		pupil's parents or guardians or by the pupil's physician,
3		physician assistant, or advanced practice registered nurse.
4		The parents or guardians of the pupil must sign a statement
5		acknowledging that the school district, public school, or
6		nonpublic school and its employees and agents are to incur no
7		liability, except for willful and wanton conduct, as a result
8		of any injury arising from the administration of asthma
9		medication, an epinephrine auto-injector, or an opioid
10		antagonist regardless of whether authorization was given by the
11		pupil's parents or guardians or by the pupil's physician,
12		physician assistant, or advanced practice registered nurse and
13		that the parents or guardians must indemnify and hold harmless
14		the school district, public school, or nonpublic school and its
15		employees and agents against any claims, except a claim based
16		on willful and wanton conduct, arising out of the
17		administration of asthma medication, an epinephrine
18		auto-injector, or an opioid antagonist regardless of whether
19		authorization was given by the pupil's parents or guardians or
20		by the pupil's physician, physician assistant, or advanced
21		practice registered nurse.
22		(c-5) When a school nurse or trained personnel administers
23		an undesignated epinephrine auto-injector to a person whom the
24		school nurse or trained personnel in good faith believes is
25		having an anaphylactic reaction or administers an opioid
26		antagonist to a person whom the school nurse or trained

HB0313 Engrossed - 127 - LRB100 04130 SMS 14135 b
1		personnel in good faith believes is having an opioid overdose,
2		notwithstanding the lack of notice to the parents or guardians
3		of the pupil or the absence of the parents or guardians signed
4		statement acknowledging no liability, except for willful and
5		wanton conduct, the school district, public school, or
6		nonpublic school and its employees and agents, and a physician,
7		a physician assistant, or an advanced practice registered nurse
8		providing standing protocol or prescription for undesignated
9		epinephrine auto-injectors, are to incur no liability or
10		professional discipline, except for willful and wanton
11		conduct, as a result of any injury arising from the use of an
12		undesignated epinephrine auto-injector or the use of an opioid
13		antagonist regardless of whether authorization was given by the
14		pupil's parents or guardians or by the pupil's physician,
15		physician assistant, or advanced practice registered nurse.
16		(d) The permission for self-administration and self-carry
17		of asthma medication or the self-administration and self-carry
18		of an epinephrine auto-injector is effective for the school
19		year for which it is granted and shall be renewed each
20		subsequent school year upon fulfillment of the requirements of
21		this Section.
22		(e) Provided that the requirements of this Section are
23		fulfilled, a pupil with asthma may self-administer and
24		self-carry his or her asthma medication or a pupil may
25		self-administer and self-carry an epinephrine auto-injector
26		(i) while in school, (ii) while at a school-sponsored activity,

HB0313 Engrossed - 128 - LRB100 04130 SMS 14135 b
1		(iii) while under the supervision of school personnel, or (iv)
2		before or after normal school activities, such as while in
3		before-school or after-school care on school-operated property
4		or while being transported on a school bus.
5		(e-5) Provided that the requirements of this Section are
6		fulfilled, a school nurse or trained personnel may administer
7		an undesignated epinephrine auto-injector to any person whom
8		the school nurse or trained personnel in good faith believes to
9		be having an anaphylactic reaction (i) while in school, (ii)
10		while at a school-sponsored activity, (iii) while under the
11		supervision of school personnel, or (iv) before or after normal
12		school activities, such as while in before-school or
13		after-school care on school-operated property or while being
14		transported on a school bus. A school nurse or trained
15		personnel may carry undesignated epinephrine auto-injectors on
16		his or her person while in school or at a school-sponsored
17		activity.
18		(e-10) Provided that the requirements of this Section are
19		fulfilled, a school nurse or trained personnel may administer
20		an opioid antagonist to any person whom the school nurse or
21		trained personnel in good faith believes to be having an opioid
22		overdose (i) while in school, (ii) while at a school-sponsored
23		activity, (iii) while under the supervision of school
24		personnel, or (iv) before or after normal school activities,
25		such as while in before-school or after-school care on
26		school-operated property. A school nurse or trained personnel

HB0313 Engrossed - 129 - LRB100 04130 SMS 14135 b
1		may carry an opioid antagonist on their person while in school
2		or at a school-sponsored activity.
3		(f) The school district, public school, or nonpublic school
4		may maintain a supply of undesignated epinephrine
5		auto-injectors in any secure location that is accessible
6		before, during, and after school where an allergic person is
7		most at risk, including, but not limited to, classrooms and
8		lunchrooms. A physician, a physician assistant who has been
9		delegated prescriptive authority in accordance with Section
10		7.5 of the Physician Assistant Practice Act of 1987, or an
11		advanced practice registered nurse who has been delegated
12		prescriptive authority in accordance with Section 65-40 of the
13		Nurse Practice Act may prescribe undesignated epinephrine
14		auto-injectors in the name of the school district, public
15		school, or nonpublic school to be maintained for use when
16		necessary. Any supply of epinephrine auto-injectors shall be
17		maintained in accordance with the manufacturer's instructions.
18		The school district, public school, or nonpublic school may
19		maintain a supply of an opioid antagonist in any secure
20		location where an individual may have an opioid overdose. A
21		health care professional who has been delegated prescriptive
22		authority for opioid antagonists in accordance with Section
23		5-23 of the Alcoholism and Other Drug Abuse and Dependency Act
24		may prescribe opioid antagonists in the name of the school
25		district, public school, or nonpublic school, to be maintained
26		for use when necessary. Any supply of opioid antagonists shall

HB0313 Engrossed - 130 - LRB100 04130 SMS 14135 b
1		be maintained in accordance with the manufacturer's
2		instructions.
3		(f-3) Whichever entity initiates the process of obtaining
4		undesignated epinephrine auto-injectors and providing training
5		to personnel for carrying and administering undesignated
6		epinephrine auto-injectors shall pay for the costs of the
7		undesignated epinephrine auto-injectors.
8		(f-5) Upon any administration of an epinephrine
9		auto-injector, a school district, public school, or nonpublic
10		school must immediately activate the EMS system and notify the
11		student's parent, guardian, or emergency contact, if known.
12		Upon any administration of an opioid antagonist, a school
13		district, public school, or nonpublic school must immediately
14		activate the EMS system and notify the student's parent,
15		guardian, or emergency contact, if known.
16		(f-10) Within 24 hours of the administration of an
17		undesignated epinephrine auto-injector, a school district,
18		public school, or nonpublic school must notify the physician,
19		physician assistant, or advanced practice registered nurse who
20		provided the standing protocol or prescription for the
21		undesignated epinephrine auto-injector of its use.
22		Within 24 hours after the administration of an opioid
23		antagonist, a school district, public school, or nonpublic
24		school must notify the health care professional who provided
25		the prescription for the opioid antagonist of its use.
26		(g) Prior to the administration of an undesignated

HB0313 Engrossed - 131 - LRB100 04130 SMS 14135 b
1		epinephrine auto-injector, trained personnel must submit to
2		their school's administration proof of completion of a training
3		curriculum to recognize and respond to anaphylaxis that meets
4		the requirements of subsection (h) of this Section. Training
5		must be completed annually. their The school district, public
6		school, or nonpublic school must maintain records related to
7		the training curriculum and trained personnel.
8		Prior to the administration of an opioid antagonist,
9		trained personnel must submit to their school's administration
10		proof of completion of a training curriculum to recognize and
11		respond to an opioid overdose, which curriculum must meet the
12		requirements of subsection (h-5) of this Section. Training must
13		be completed annually. Trained personnel must also submit to
14		the school's administration proof of cardiopulmonary
15		resuscitation and automated external defibrillator
16		certification. The school district, public school, or
17		nonpublic school must maintain records relating to the training
18		curriculum and the trained personnel.
19		(h) A training curriculum to recognize and respond to
20		anaphylaxis, including the administration of an undesignated
21		epinephrine auto-injector, may be conducted online or in
22		person.
23		Training shall include, but is not limited to:
24		(1) how to recognize signs and symptoms of an allergic
25		reaction, including anaphylaxis;
26		(2) how to administer an epinephrine auto-injector;

HB0313 Engrossed - 132 - LRB100 04130 SMS 14135 b
1		and
2		(3) a test demonstrating competency of the knowledge
3		required to recognize anaphylaxis and administer an
4		epinephrine auto-injector.
5		Training may also include, but is not limited to:
6		(A) a review of high-risk areas within a school and its
7		related facilities;
8		(B) steps to take to prevent exposure to allergens;
9		(C) emergency follow-up procedures;
10		(D) how to respond to a student with a known allergy,
11		as well as a student with a previously unknown allergy; and
12		(E) other criteria as determined in rules adopted
13		pursuant to this Section.
14		In consultation with statewide professional organizations
15		representing physicians licensed to practice medicine in all of
16		its branches, registered nurses, and school nurses, the State
17		Board of Education shall make available resource materials
18		consistent with criteria in this subsection (h) for educating
19		trained personnel to recognize and respond to anaphylaxis. The
20		State Board may take into consideration the curriculum on this
21		subject developed by other states, as well as any other
22		curricular materials suggested by medical experts and other
23		groups that work on life-threatening allergy issues. The State
24		Board is not required to create new resource materials. The
25		State Board shall make these resource materials available on
26		its Internet website.

HB0313 Engrossed - 133 - LRB100 04130 SMS 14135 b
1		(h-5) A training curriculum to recognize and respond to an
2		opioid overdose, including the administration of an opioid
3		antagonist, may be conducted online or in person. The training
4		must comply with any training requirements under Section 5-23
5		of the Alcoholism and Other Drug Abuse and Dependency Act and
6		the corresponding rules. It must include, but is not limited
7		to:
8		(1) how to recognize symptoms of an opioid overdose;
9		(2) information on drug overdose prevention and
10		recognition;
11		(3) how to perform rescue breathing and resuscitation;
12		(4) how to respond to an emergency involving an opioid
13		overdose;
14		(5) opioid antagonist dosage and administration;
15		(6) the importance of calling 911;
16		(7) care for the overdose victim after administration
17		of the overdose antagonist;
18		(8) a test demonstrating competency of the knowledge
19		required to recognize an opioid overdose and administer a
20		dose of an opioid antagonist; and
21		(9) other criteria as determined in rules adopted
22		pursuant to this Section.
23		(i) Within 3 days after the administration of an
24		undesignated epinephrine auto-injector by a school nurse,
25		trained personnel, or a student at a school or school-sponsored
26		activity, the school must report to the State Board of

HB0313 Engrossed - 134 - LRB100 04130 SMS 14135 b
1		Education in a form and manner prescribed by the State Board
2		the following information:
3		(1) age and type of person receiving epinephrine
4		(student, staff, visitor);
5		(2) any previously known diagnosis of a severe allergy;
6		(3) trigger that precipitated allergic episode;
7		(4) location where symptoms developed;
8		(5) number of doses administered;
9		(6) type of person administering epinephrine (school
10		nurse, trained personnel, student); and
11		(7) any other information required by the State Board.
12		If a school district, public school, or nonpublic school
13		maintains or has an independent contractor providing
14		transportation to students who maintains a supply of
15		undesignated epinephrine auto-injectors, then the school
16		district, public school, or nonpublic school must report that
17		information to the State Board of Education upon adoption or
18		change of the policy of the school district, public school,
19		nonpublic school, or independent contractor, in a manner as
20		prescribed by the State Board. The report must include the
21		number of undesignated epinephrine auto-injectors in supply.
22		(i-5) Within 3 days after the administration of an opioid
23		antagonist by a school nurse or trained personnel, the school
24		must report to the State Board of Education, in a form and
25		manner prescribed by the State Board, the following
26		information:

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1		(1) the age and type of person receiving the opioid
2		antagonist (student, staff, or visitor);
3		(2) the location where symptoms developed;
4		(3) the type of person administering the opioid
5		antagonist (school nurse or trained personnel); and
6		(4) any other information required by the State Board.
7		(j) By October 1, 2015 and every year thereafter, the State
8		Board of Education shall submit a report to the General
9		Assembly identifying the frequency and circumstances of
10		epinephrine administration during the preceding academic year.
11		Beginning with the 2017 report, the report shall also contain
12		information on which school districts, public schools, and
13		nonpublic schools maintain or have independent contractors
14		providing transportation to students who maintain a supply of
15		undesignated epinephrine auto-injectors. This report shall be
16		published on the State Board's Internet website on the date the
17		report is delivered to the General Assembly.
18		(j-5) Annually, each school district, public school,
19		charter school, or nonpublic school shall request an asthma
20		action plan from the parents or guardians of a pupil with
21		asthma. If provided, the asthma action plan must be kept on
22		file in the office of the school nurse or, in the absence of a
23		school nurse, the school administrator. Copies of the asthma
24		action plan may be distributed to appropriate school staff who
25		interact with the pupil on a regular basis, and, if applicable,
26		may be attached to the pupil's federal Section 504 plan or

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1		individualized education program plan.
2		(j-10) To assist schools with emergency response
3		procedures for asthma, the State Board of Education, in
4		consultation with statewide professional organizations with
5		expertise in asthma management and a statewide organization
6		representing school administrators, shall develop a model
7		asthma episode emergency response protocol before September 1,
8		2016. Each school district, charter school, and nonpublic
9		school shall adopt an asthma episode emergency response
10		protocol before January 1, 2017 that includes all of the
11		components of the State Board's model protocol.
12		(j-15) Every 2 years, school personnel who work with pupils
13		shall complete an in-person or online training program on the
14		management of asthma, the prevention of asthma symptoms, and
15		emergency response in the school setting. In consultation with
16		statewide professional organizations with expertise in asthma
17		management, the State Board of Education shall make available
18		resource materials for educating school personnel about asthma
19		and emergency response in the school setting.
20		(j-20) On or before October 1, 2016 and every year
21		thereafter, the State Board of Education shall submit a report
22		to the General Assembly and the Department of Public Health
23		identifying the frequency and circumstances of opioid
24		antagonist administration during the preceding academic year.
25		This report shall be published on the State Board's Internet
26		website on the date the report is delivered to the General

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1		Assembly.
2		(k) The State Board of Education may adopt rules necessary
3		to implement this Section.
4		(l) Nothing in this Section shall limit the amount of
5		epinephrine auto-injectors that any type of school or student
6		may carry or maintain a supply of.
7		(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
8		99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;
9		99-843, eff. 8-19-16; revised 9-8-16.)
10		(105 ILCS 5/22-80)
11		Sec. 22-80. Student athletes; concussions and head
12		injuries.
13		(a) The General Assembly recognizes all of the following:
14		(1) Concussions are one of the most commonly reported
15		injuries in children and adolescents who participate in
16		sports and recreational activities. The Centers for
17		Disease Control and Prevention estimates that as many as
18		3,900,000 sports-related and recreation-related
19		concussions occur in the United States each year. A
20		concussion is caused by a blow or motion to the head or
21		body that causes the brain to move rapidly inside the
22		skull. The risk of catastrophic injuries or death are
23		significant when a concussion or head injury is not
24		properly evaluated and managed.
25		(2) Concussions are a type of brain injury that can

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

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

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

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

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

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

HB0313 Engrossed - 144 - LRB100 04130 SMS 14135 b
1		return to learn; and
2		(5) the student and the student's parent or guardian or
3		another person with legal authority to make medical
4		decisions for the student:
5		(A) have acknowledged that the student has
6		completed the requirements of the return-to-play and
7		return-to-learn protocols necessary for the student to
8		return to play;
9		(B) have provided the treating physician's or
10		athletic trainer's written statement under subdivision
11		(4) of this subsection (g) to the person responsible
12		for compliance with the return-to-play and
13		return-to-learn protocols under this subsection (g)
14		and the person who has supervisory responsibilities
15		under this subsection (g); and
16		(C) have signed a consent form indicating that the
17		person signing:
18		(i) has been informed concerning and consents
19		to the student participating in returning to play
20		in accordance with the return-to-play and
21		return-to-learn protocols;
22		(ii) understands the risks associated with the
23		student returning to play and returning to learn
24		and will comply with any ongoing requirements in
25		the return-to-play and return-to-learn protocols;
26		and

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1		(iii) consents to the disclosure to
2		appropriate persons, consistent with the federal
3		Health Insurance Portability and Accountability
4		Act of 1996 (Public Law 104-191), of the treating
5		physician's or athletic trainer's written
6		statement under subdivision (4) of this subsection
7		(g) and, if any, the return-to-play and
8		return-to-learn recommendations of the treating
9		physician or the athletic trainer, as the case may
10		be.
11		A coach of an interscholastic athletics team may not
12		authorize a student's return to play or return to learn.
13		The district superintendent or the superintendent's
14		designee in the case of a public elementary or secondary
15		school, the chief school administrator or that person's
16		designee in the case of a charter school, or the appropriate
17		administrative officer or that person's designee in the case of
18		a private school shall supervise an athletic trainer or other
19		person responsible for compliance with the return-to-play
20		protocol and shall supervise the person responsible for
21		compliance with the return-to-learn protocol. The person who
22		has supervisory responsibilities under this paragraph may not
23		be a coach of an interscholastic athletics team.
24		(h)(1) The Illinois High School Association shall approve,
25		for coaches and game officials of interscholastic athletic
26		activities, training courses that provide for not less than 2

HB0313 Engrossed - 146 - LRB100 04130 SMS 14135 b
1		hours of training in the subject matter of concussions,
2		including evaluation, prevention, symptoms, risks, and
3		long-term effects. The Association shall maintain an updated
4		list of individuals and organizations authorized by the
5		Association to provide the training.
6		(2) The following persons must take a training course in
7		accordance with paragraph (4) of this subsection (h) from an
8		authorized training provider at least once every 2 years:
9		(A) a coach of an interscholastic athletic activity;
10		(B) a nurse who serves as a member of a concussion
11		oversight team and is an employee, representative, or agent
12		of a school;
13		(C) a game official of an interscholastic athletic
14		activity; and
15		(D) a nurse who serves on a volunteer basis as a member
16		of a concussion oversight team for a school.
17		(3) A physician who serves as a member of a concussion
18		oversight team shall, to the greatest extent practicable,
19		periodically take an appropriate continuing medical education
20		course in the subject matter of concussions.
21		(4) For purposes of paragraph (2) of this subsection (h):
22		(A) a coach or game officials, as the case may be, must
23		take a course described in paragraph (1) of this subsection
24		(h).
25		(B) an athletic trainer must take a concussion-related
26		continuing education course from an athletic trainer

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1		continuing education sponsor approved by the Department;
2		and
3		(C) a nurse must take a course concerning the subject
4		matter of concussions that has been approved for continuing
5		education credit by the Department.
6		(5) Each person described in paragraph (2) of this
7		subsection (h) must submit proof of timely completion of an
8		approved course in compliance with paragraph (4) of this
9		subsection (h) to the district superintendent or the
10		superintendent's designee in the case of a public elementary or
11		secondary school, the chief school administrator or that
12		person's designee in the case of a charter school, or the
13		appropriate administrative officer or that person's designee
14		in the case of a private school.
15		(6) A physician, athletic trainer, or nurse who is not in
16		compliance with the training requirements under this
17		subsection (h) may not serve on a concussion oversight team in
18		any capacity.
19		(7) A person required under this subsection (h) to take a
20		training course in the subject of concussions must initially
21		complete the training not later than September 1, 2016.
22		(i) The governing body of each public or charter school and
23		the appropriate administrative officer of a private school with
24		students enrolled who participate in an interscholastic
25		athletic activity shall develop a school-specific emergency
26		action plan for interscholastic athletic activities to address

HB0313 Engrossed - 148 - LRB100 04130 SMS 14135 b
1		the serious injuries and acute medical conditions in which the
2		condition of the student may deteriorate rapidly. The plan
3		shall include a delineation of roles, methods of communication,
4		available emergency equipment, and access to and a plan for
5		emergency transport. This emergency action plan must be:
6		(1) in writing;
7		(2) reviewed by the concussion oversight team;
8		(3) approved by the district superintendent or the
9		superintendent's designee in the case of a public
10		elementary or secondary school, the chief school
11		administrator or that person's designee in the case of a
12		charter school, or the appropriate administrative officer
13		or that person's designee in the case of a private school;
14		(4) distributed to all appropriate personnel;
15		(5) posted conspicuously at all venues utilized by the
16		school; and
17		(6) reviewed annually by all athletic trainers, first
18		responders, coaches, school nurses, athletic directors,
19		and volunteers for interscholastic athletic activities.
20		(j) The State Board of Education may adopt rules as
21		necessary to administer this Section.
22		(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
23		99-642, eff. 7-28-16.)
24		(105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
25		Sec. 24-5. Physical fitness and professional growth.

HB0313 Engrossed - 149 - LRB100 04130 SMS 14135 b
1		(a) In this Section, "employee" means any employee of a
2		school district, a student teacher, an employee of a contractor
3		that provides services to students or in schools, or any other
4		individual subject to the requirements of Section 10-21.9 or
5		34-18.5 of this Code.
6		(b) School boards shall require of new employees evidence
7		of physical fitness to perform duties assigned and freedom from
8		communicable disease. Such evidence shall consist of a physical
9		examination by a physician licensed in Illinois or any other
10		state to practice medicine and surgery in all its branches, a
11		licensed advanced practice registered nurse, or a licensed
12		physician assistant not more than 90 days preceding time of
13		presentation to the board, and the cost of such examination
14		shall rest with the employee. A new or existing employee may be
15		subject to additional health examinations, including screening
16		for tuberculosis, as required by rules adopted by the
17		Department of Public Health or by order of a local public
18		health official. The board may from time to time require an
19		examination of any employee by a physician licensed in Illinois
20		to practice medicine and surgery in all its branches, a
21		licensed advanced practice registered nurse, or a licensed
22		physician assistant and shall pay the expenses thereof from
23		school funds.
24		(c) School boards may require teachers in their employ to
25		furnish from time to time evidence of continued professional
26		growth.

HB0313 Engrossed - 150 - LRB100 04130 SMS 14135 b
1		(Source: P.A. 98-716, eff. 7-16-14; 99-173, eff. 7-29-15.)
2		(105 ILCS 5/24-6)
3		Sec. 24-6. Sick leave. The school boards of all school
4		districts, including special charter districts, but not
5		including school districts in municipalities of 500,000 or
6		more, shall grant their full-time teachers, and also shall
7		grant such of their other employees as are eligible to
8		participate in the Illinois Municipal Retirement Fund under the
9		"600-Hour Standard" established, or under such other
10		eligibility participation standard as may from time to time be
11		established, by rules and regulations now or hereafter
12		promulgated by the Board of that Fund under Section 7-198 of
13		the Illinois Pension Code, as now or hereafter amended, sick
14		leave provisions not less in amount than 10 days at full pay in
15		each school year. If any such teacher or employee does not use
16		the full amount of annual leave thus allowed, the unused amount
17		shall be allowed to accumulate to a minimum available leave of
18		180 days at full pay, including the leave of the current year.
19		Sick leave shall be interpreted to mean personal illness,
20		quarantine at home, serious illness or death in the immediate
21		family or household, or birth, adoption, or placement for
22		adoption. The school board may require a certificate from a
23		physician licensed in Illinois to practice medicine and surgery
24		in all its branches, a chiropractic physician licensed under
25		the Medical Practice Act of 1987, a licensed advanced practice

HB0313 Engrossed - 151 - LRB100 04130 SMS 14135 b
1		registered nurse, a licensed physician assistant, or, if the
2		treatment is by prayer or spiritual means, a spiritual adviser
3		or practitioner of the teacher's or employee's faith as a basis
4		for pay during leave after an absence of 3 days for personal
5		illness or 30 days for birth or as the school board may deem
6		necessary in other cases. If the school board does require a
7		certificate as a basis for pay during leave of less than 3 days
8		for personal illness, the school board shall pay, from school
9		funds, the expenses incurred by the teachers or other employees
10		in obtaining the certificate. For paid leave for adoption or
11		placement for adoption, the school board may require that the
12		teacher or other employee provide evidence that the formal
13		adoption process is underway, and such leave is limited to 30
14		days unless a longer leave has been negotiated with the
15		exclusive bargaining representative.
16		If, by reason of any change in the boundaries of school
17		districts, or by reason of the creation of a new school
18		district, the employment of a teacher is transferred to a new
19		or different board, the accumulated sick leave of such teacher
20		is not thereby lost, but is transferred to such new or
21		different district.
22		For purposes of this Section, "immediate family" shall
23		include parents, spouse, brothers, sisters, children,
24		grandparents, grandchildren, parents-in-law, brothers-in-law,
25		sisters-in-law, and legal guardians.
26		(Source: P.A. 99-173, eff. 7-29-15.)

HB0313 Engrossed - 152 - LRB100 04130 SMS 14135 b
1		(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
2		Sec. 26-1. Compulsory school age-Exemptions. Whoever has
3		custody or control of any child (i) between the ages of 7 and
4		17 years (unless the child has already graduated from high
5		school) for school years before the 2014-2015 school year or
6		(ii) between the ages of 6 (on or before September 1) and 17
7		years (unless the child has already graduated from high school)
8		beginning with the 2014-2015 school year shall cause such child
9		to attend some public school in the district wherein the child
10		resides the entire time it is in session during the regular
11		school term, except as provided in Section 10-19.1, and during
12		a required summer school program established under Section
13		10-22.33B; provided, that the following children shall not be
14		required to attend the public schools:
15		1. Any child attending a private or a parochial school
16		where children are taught the branches of education taught
17		to children of corresponding age and grade in the public
18		schools, and where the instruction of the child in the
19		branches of education is in the English language;
20		2. Any child who is physically or mentally unable to
21		attend school, such disability being certified to the
22		county or district truant officer by a competent physician
23		licensed in Illinois to practice medicine and surgery in
24		all its branches, a chiropractic physician licensed under
25		the Medical Practice Act of 1987, a licensed advanced

HB0313 Engrossed - 153 - LRB100 04130 SMS 14135 b
1		practice registered nurse, a licensed physician assistant,
2		or a Christian Science practitioner residing in this State
3		and listed in the Christian Science Journal; or who is
4		excused for temporary absence for cause by the principal or
5		teacher of the school which the child attends; the
6		exemptions in this paragraph (2) do not apply to any female
7		who is pregnant or the mother of one or more children,
8		except where a female is unable to attend school due to a
9		complication arising from her pregnancy and the existence
10		of such complication is certified to the county or district
11		truant officer by a competent physician;
12		3. Any child necessarily and lawfully employed
13		according to the provisions of the law regulating child
14		labor may be excused from attendance at school by the
15		county superintendent of schools or the superintendent of
16		the public school which the child should be attending, on
17		certification of the facts by and the recommendation of the
18		school board of the public school district in which the
19		child resides. In districts having part time continuation
20		schools, children so excused shall attend such schools at
21		least 8 hours each week;
22		4. Any child over 12 and under 14 years of age while in
23		attendance at confirmation classes;
24		5. Any child absent from a public school on a
25		particular day or days or at a particular time of day for
26		the reason that he is unable to attend classes or to

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1		participate in any examination, study or work requirements
2		on a particular day or days or at a particular time of day,
3		because the tenets of his religion forbid secular activity
4		on a particular day or days or at a particular time of day.
5		Each school board shall prescribe rules and regulations
6		relative to absences for religious holidays including, but
7		not limited to, a list of religious holidays on which it
8		shall be mandatory to excuse a child; but nothing in this
9		paragraph 5 shall be construed to limit the right of any
10		school board, at its discretion, to excuse an absence on
11		any other day by reason of the observance of a religious
12		holiday. A school board may require the parent or guardian
13		of a child who is to be excused from attending school due
14		to the observance of a religious holiday to give notice,
15		not exceeding 5 days, of the child's absence to the school
16		principal or other school personnel. Any child excused from
17		attending school under this paragraph 5 shall not be
18		required to submit a written excuse for such absence after
19		returning to school;
20		6. Any child 16 years of age or older who (i) submits
21		to a school district evidence of necessary and lawful
22		employment pursuant to paragraph 3 of this Section and (ii)
23		is enrolled in a graduation incentives program pursuant to
24		Section 26-16 of this Code or an alternative learning
25		opportunities program established pursuant to Article 13B
26		of this Code; and

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1		7. A child in any of grades 6 through 12 absent from a
2		public school on a particular day or days or at a
3		particular time of day for the purpose of sounding "Taps"
4		at a military honors funeral held in this State for a
5		deceased veteran. In order to be excused under this
6		paragraph 7, the student shall notify the school's
7		administration at least 2 days prior to the date of the
8		absence and shall provide the school's administration with
9		the date, time, and location of the military honors
10		funeral. The school's administration may waive this 2-day
11		notification requirement if the student did not receive at
12		least 2 days advance notice, but the student shall notify
13		the school's administration as soon as possible of the
14		absence. A student whose absence is excused under this
15		paragraph 7 shall be counted as if the student attended
16		school for purposes of calculating the average daily
17		attendance of students in the school district. A student
18		whose absence is excused under this paragraph 7 must be
19		allowed a reasonable time to make up school work missed
20		during the absence. If the student satisfactorily
21		completes the school work, the day of absence shall be
22		counted as a day of compulsory attendance and he or she may
23		not be penalized for that absence.
24		(Source: P.A. 98-544, eff. 7-1-14; 99-173, eff. 7-29-15;
25		99-804, eff. 1-1-17.)

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1		(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
2		(Text of Section before amendment by P.A. 99-927)
3		Sec. 27-8.1. Health examinations and immunizations.
4		(1) In compliance with rules and regulations which the
5		Department of Public Health shall promulgate, and except as
6		hereinafter provided, all children in Illinois shall have a
7		health examination as follows: within one year prior to
8		entering kindergarten or the first grade of any public,
9		private, or parochial elementary school; upon entering the
10		sixth and ninth grades of any public, private, or parochial
11		school; prior to entrance into any public, private, or
12		parochial nursery school; and, irrespective of grade,
13		immediately prior to or upon entrance into any public, private,
14		or parochial school or nursery school, each child shall present
15		proof of having been examined in accordance with this Section
16		and the rules and regulations promulgated hereunder. Any child
17		who received a health examination within one year prior to
18		entering the fifth grade for the 2007-2008 school year is not
19		required to receive an additional health examination in order
20		to comply with the provisions of Public Act 95-422 when he or
21		she attends school for the 2008-2009 school year, unless the
22		child is attending school for the first time as provided in
23		this paragraph.
24		A tuberculosis skin test screening shall be included as a
25		required part of each health examination included under this
26		Section if the child resides in an area designated by the

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1		Department of Public Health as having a high incidence of
2		tuberculosis. Additional health examinations of pupils,
3		including eye examinations, may be required when deemed
4		necessary by school authorities. Parents are encouraged to have
5		their children undergo eye examinations at the same points in
6		time required for health examinations.
7		(1.5) In compliance with rules adopted by the Department of
8		Public Health and except as otherwise provided in this Section,
9		all children in kindergarten and the second and sixth grades of
10		any public, private, or parochial school shall have a dental
11		examination. Each of these children shall present proof of
12		having been examined by a dentist in accordance with this
13		Section and rules adopted under this Section before May 15th of
14		the school year. If a child in the second or sixth grade fails
15		to present proof by May 15th, the school may hold the child's
16		report card until one of the following occurs: (i) the child
17		presents proof of a completed dental examination or (ii) the
18		child presents proof that a dental examination will take place
19		within 60 days after May 15th. The Department of Public Health
20		shall establish, by rule, a waiver for children who show an
21		undue burden or a lack of access to a dentist. Each public,
22		private, and parochial school must give notice of this dental
23		examination requirement to the parents and guardians of
24		students at least 60 days before May 15th of each school year.
25		(1.10) Except as otherwise provided in this Section, all
26		children enrolling in kindergarten in a public, private, or

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1		parochial school on or after the effective date of this
2		amendatory Act of the 95th General Assembly and any student
3		enrolling for the first time in a public, private, or parochial
4		school on or after the effective date of this amendatory Act of
5		the 95th General Assembly shall have an eye examination. Each
6		of these children shall present proof of having been examined
7		by a physician licensed to practice medicine in all of its
8		branches or a licensed optometrist within the previous year, in
9		accordance with this Section and rules adopted under this
10		Section, before October 15th of the school year. If the child
11		fails to present proof by October 15th, the school may hold the
12		child's report card until one of the following occurs: (i) the
13		child presents proof of a completed eye examination or (ii) the
14		child presents proof that an eye examination will take place
15		within 60 days after October 15th. The Department of Public
16		Health shall establish, by rule, a waiver for children who show
17		an undue burden or a lack of access to a physician licensed to
18		practice medicine in all of its branches who provides eye
19		examinations or to a licensed optometrist. Each public,
20		private, and parochial school must give notice of this eye
21		examination requirement to the parents and guardians of
22		students in compliance with rules of the Department of Public
23		Health. Nothing in this Section shall be construed to allow a
24		school to exclude a child from attending because of a parent's
25		or guardian's failure to obtain an eye examination for the
26		child.

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1		(2) The Department of Public Health shall promulgate rules
2		and regulations specifying the examinations and procedures
3		that constitute a health examination, which shall include the
4		collection of data relating to obesity (including at a minimum,
5		date of birth, gender, height, weight, blood pressure, and date
6		of exam), and a dental examination and may recommend by rule
7		that certain additional examinations be performed. The rules
8		and regulations of the Department of Public Health shall
9		specify that a tuberculosis skin test screening shall be
10		included as a required part of each health examination included
11		under this Section if the child resides in an area designated
12		by the Department of Public Health as having a high incidence
13		of tuberculosis. The Department of Public Health shall specify
14		that a diabetes screening as defined by rule shall be included
15		as a required part of each health examination. Diabetes testing
16		is not required.
17		Physicians licensed to practice medicine in all of its
18		branches, licensed advanced practice registered nurses, or
19		licensed physician assistants shall be responsible for the
20		performance of the health examinations, other than dental
21		examinations, eye examinations, and vision and hearing
22		screening, and shall sign all report forms required by
23		subsection (4) of this Section that pertain to those portions
24		of the health examination for which the physician, advanced
25		practice registered nurse, or physician assistant is
26		responsible. If a registered nurse performs any part of a

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1		health examination, then a physician licensed to practice
2		medicine in all of its branches must review and sign all
3		required report forms. Licensed dentists shall perform all
4		dental examinations and shall sign all report forms required by
5		subsection (4) of this Section that pertain to the dental
6		examinations. Physicians licensed to practice medicine in all
7		its branches or licensed optometrists shall perform all eye
8		examinations required by this Section and shall sign all report
9		forms required by subsection (4) of this Section that pertain
10		to the eye examination. For purposes of this Section, an eye
11		examination shall at a minimum include history, visual acuity,
12		subjective refraction to best visual acuity near and far,
13		internal and external examination, and a glaucoma evaluation,
14		as well as any other tests or observations that in the
15		professional judgment of the doctor are necessary. Vision and
16		hearing screening tests, which shall not be considered
17		examinations as that term is used in this Section, shall be
18		conducted in accordance with rules and regulations of the
19		Department of Public Health, and by individuals whom the
20		Department of Public Health has certified. In these rules and
21		regulations, the Department of Public Health shall require that
22		individuals conducting vision screening tests give a child's
23		parent or guardian written notification, before the vision
24		screening is conducted, that states, "Vision screening is not a
25		substitute for a complete eye and vision evaluation by an eye
26		doctor. Your child is not required to undergo this vision

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1		screening if an optometrist or ophthalmologist has completed
2		and signed a report form indicating that an examination has
3		been administered within the previous 12 months."
4		(3) Every child shall, at or about the same time as he or
5		she receives a health examination required by subsection (1) of
6		this Section, present to the local school proof of having
7		received such immunizations against preventable communicable
8		diseases as the Department of Public Health shall require by
9		rules and regulations promulgated pursuant to this Section and
10		the Communicable Disease Prevention Act.
11		(4) The individuals conducting the health examination,
12		dental examination, or eye examination shall record the fact of
13		having conducted the examination, and such additional
14		information as required, including for a health examination
15		data relating to obesity (including at a minimum, date of
16		birth, gender, height, weight, blood pressure, and date of
17		exam), on uniform forms which the Department of Public Health
18		and the State Board of Education shall prescribe for statewide
19		use. The examiner shall summarize on the report form any
20		condition that he or she suspects indicates a need for special
21		services, including for a health examination factors relating
22		to obesity. The individuals confirming the administration of
23		required immunizations shall record as indicated on the form
24		that the immunizations were administered.
25		(5) If a child does not submit proof of having had either
26		the health examination or the immunization as required, then

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1		the child shall be examined or receive the immunization, as the
2		case may be, and present proof by October 15 of the current
3		school year, or by an earlier date of the current school year
4		established by a school district. To establish a date before
5		October 15 of the current school year for the health
6		examination or immunization as required, a school district must
7		give notice of the requirements of this Section 60 days prior
8		to the earlier established date. If for medical reasons one or
9		more of the required immunizations must be given after October
10		15 of the current school year, or after an earlier established
11		date of the current school year, then the child shall present,
12		by October 15, or by the earlier established date, a schedule
13		for the administration of the immunizations and a statement of
14		the medical reasons causing the delay, both the schedule and
15		the statement being issued by the physician, advanced practice
16		registered nurse, physician assistant, registered nurse, or
17		local health department that will be responsible for
18		administration of the remaining required immunizations. If a
19		child does not comply by October 15, or by the earlier
20		established date of the current school year, with the
21		requirements of this subsection, then the local school
22		authority shall exclude that child from school until such time
23		as the child presents proof of having had the health
24		examination as required and presents proof of having received
25		those required immunizations which are medically possible to
26		receive immediately. During a child's exclusion from school for

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1		noncompliance with this subsection, the child's parents or
2		legal guardian shall be considered in violation of Section 26-1
3		and subject to any penalty imposed by Section 26-10. This
4		subsection (5) does not apply to dental examinations and eye
5		examinations. If the student is an out-of-state transfer
6		student and does not have the proof required under this
7		subsection (5) before October 15 of the current year or
8		whatever date is set by the school district, then he or she may
9		only attend classes (i) if he or she has proof that an
10		appointment for the required vaccinations has been scheduled
11		with a party authorized to submit proof of the required
12		vaccinations. If the proof of vaccination required under this
13		subsection (5) is not submitted within 30 days after the
14		student is permitted to attend classes, then the student is not
15		to be permitted to attend classes until proof of the
16		vaccinations has been properly submitted. No school district or
17		employee of a school district shall be held liable for any
18		injury or illness to another person that results from admitting
19		an out-of-state transfer student to class that has an
20		appointment scheduled pursuant to this subsection (5).
21		(6) Every school shall report to the State Board of
22		Education by November 15, in the manner which that agency shall
23		require, the number of children who have received the necessary
24		immunizations and the health examination (other than a dental
25		examination or eye examination) as required, indicating, of
26		those who have not received the immunizations and examination

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1		as required, the number of children who are exempt from health
2		examination and immunization requirements on religious or
3		medical grounds as provided in subsection (8). On or before
4		December 1 of each year, every public school district and
5		registered nonpublic school shall make publicly available the
6		immunization data they are required to submit to the State
7		Board of Education by November 15. The immunization data made
8		publicly available must be identical to the data the school
9		district or school has reported to the State Board of
10		Education.
11		Every school shall report to the State Board of Education
12		by June 30, in the manner that the State Board requires, the
13		number of children who have received the required dental
14		examination, indicating, of those who have not received the
15		required dental examination, the number of children who are
16		exempt from the dental examination on religious grounds as
17		provided in subsection (8) of this Section and the number of
18		children who have received a waiver under subsection (1.5) of
19		this Section.
20		Every school shall report to the State Board of Education
21		by June 30, in the manner that the State Board requires, the
22		number of children who have received the required eye
23		examination, indicating, of those who have not received the
24		required eye examination, the number of children who are exempt
25		from the eye examination as provided in subsection (8) of this
26		Section, the number of children who have received a waiver

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1		under subsection (1.10) of this Section, and the total number
2		of children in noncompliance with the eye examination
3		requirement.
4		The reported information under this subsection (6) shall be
5		provided to the Department of Public Health by the State Board
6		of Education.
7		(7) Upon determining that the number of pupils who are
8		required to be in compliance with subsection (5) of this
9		Section is below 90% of the number of pupils enrolled in the
10		school district, 10% of each State aid payment made pursuant to
11		Section 18-8.05 to the school district for such year may be
12		withheld by the State Board of Education until the number of
13		students in compliance with subsection (5) is the applicable
14		specified percentage or higher.
15		(8) Children of parents or legal guardians who object to
16		health, dental, or eye examinations or any part thereof, to
17		immunizations, or to vision and hearing screening tests on
18		religious grounds shall not be required to undergo the
19		examinations, tests, or immunizations to which they so object
20		if such parents or legal guardians present to the appropriate
21		local school authority a signed Certificate of Religious
22		Exemption detailing the grounds for objection and the specific
23		immunizations, tests, or examinations to which they object. The
24		grounds for objection must set forth the specific religious
25		belief that conflicts with the examination, test,
26		immunization, or other medical intervention. The signed

HB0313 Engrossed - 166 - LRB100 04130 SMS 14135 b
1		certificate shall also reflect the parent's or legal guardian's
2		understanding of the school's exclusion policies in the case of
3		a vaccine-preventable disease outbreak or exposure. The
4		certificate must also be signed by the authorized examining
5		health care provider responsible for the performance of the
6		child's health examination confirming that the provider
7		provided education to the parent or legal guardian on the
8		benefits of immunization and the health risks to the student
9		and to the community of the communicable diseases for which
10		immunization is required in this State. However, the health
11		care provider's signature on the certificate reflects only that
12		education was provided and does not allow a health care
13		provider grounds to determine a religious exemption. Those
14		receiving immunizations required under this Code shall be
15		provided with the relevant vaccine information statements that
16		are required to be disseminated by the federal National
17		Childhood Vaccine Injury Act of 1986, which may contain
18		information on circumstances when a vaccine should not be
19		administered, prior to administering a vaccine. A healthcare
20		provider may consider including without limitation the
21		nationally accepted recommendations from federal agencies such
22		as the Advisory Committee on Immunization Practices, the
23		information outlined in the relevant vaccine information
24		statement, and vaccine package inserts, along with the
25		healthcare provider's clinical judgment, to determine whether
26		any child may be more susceptible to experiencing an adverse

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1		vaccine reaction than the general population, and, if so, the
2		healthcare provider may exempt the child from an immunization
3		or adopt an individualized immunization schedule. The
4		Certificate of Religious Exemption shall be created by the
5		Department of Public Health and shall be made available and
6		used by parents and legal guardians by the beginning of the
7		2015-2016 school year. Parents or legal guardians must submit
8		the Certificate of Religious Exemption to their local school
9		authority prior to entering kindergarten, sixth grade, and
10		ninth grade for each child for which they are requesting an
11		exemption. The religious objection stated need not be directed
12		by the tenets of an established religious organization.
13		However, general philosophical or moral reluctance to allow
14		physical examinations, eye examinations, immunizations, vision
15		and hearing screenings, or dental examinations does not provide
16		a sufficient basis for an exception to statutory requirements.
17		The local school authority is responsible for determining if
18		the content of the Certificate of Religious Exemption
19		constitutes a valid religious objection. The local school
20		authority shall inform the parent or legal guardian of
21		exclusion procedures, in accordance with the Department's
22		rules under Part 690 of Title 77 of the Illinois Administrative
23		Code, at the time the objection is presented.
24		If the physical condition of the child is such that any one
25		or more of the immunizing agents should not be administered,
26		the examining physician, advanced practice registered nurse,

HB0313 Engrossed - 168 - LRB100 04130 SMS 14135 b
1		or physician assistant responsible for the performance of the
2		health examination shall endorse that fact upon the health
3		examination form.
4		Exempting a child from the health, dental, or eye
5		examination does not exempt the child from participation in the
6		program of physical education training provided in Sections
7		27-5 through 27-7 of this Code.
8		(9) For the purposes of this Section, "nursery schools"
9		means those nursery schools operated by elementary school
10		systems or secondary level school units or institutions of
11		higher learning.
12		(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
13		99-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
14		(Text of Section after amendment by P.A. 99-927)
15		Sec. 27-8.1. Health examinations and immunizations.
16		(1) In compliance with rules and regulations which the
17		Department of Public Health shall promulgate, and except as
18		hereinafter provided, all children in Illinois shall have a
19		health examination as follows: within one year prior to
20		entering kindergarten or the first grade of any public,
21		private, or parochial elementary school; upon entering the
22		sixth and ninth grades of any public, private, or parochial
23		school; prior to entrance into any public, private, or
24		parochial nursery school; and, irrespective of grade,
25		immediately prior to or upon entrance into any public, private,

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1		or parochial school or nursery school, each child shall present
2		proof of having been examined in accordance with this Section
3		and the rules and regulations promulgated hereunder. Any child
4		who received a health examination within one year prior to
5		entering the fifth grade for the 2007-2008 school year is not
6		required to receive an additional health examination in order
7		to comply with the provisions of Public Act 95-422 when he or
8		she attends school for the 2008-2009 school year, unless the
9		child is attending school for the first time as provided in
10		this paragraph.
11		A tuberculosis skin test screening shall be included as a
12		required part of each health examination included under this
13		Section if the child resides in an area designated by the
14		Department of Public Health as having a high incidence of
15		tuberculosis. Additional health examinations of pupils,
16		including eye examinations, may be required when deemed
17		necessary by school authorities. Parents are encouraged to have
18		their children undergo eye examinations at the same points in
19		time required for health examinations.
20		(1.5) In compliance with rules adopted by the Department of
21		Public Health and except as otherwise provided in this Section,
22		all children in kindergarten and the second and sixth grades of
23		any public, private, or parochial school shall have a dental
24		examination. Each of these children shall present proof of
25		having been examined by a dentist in accordance with this
26		Section and rules adopted under this Section before May 15th of

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1		the school year. If a child in the second or sixth grade fails
2		to present proof by May 15th, the school may hold the child's
3		report card until one of the following occurs: (i) the child
4		presents proof of a completed dental examination or (ii) the
5		child presents proof that a dental examination will take place
6		within 60 days after May 15th. The Department of Public Health
7		shall establish, by rule, a waiver for children who show an
8		undue burden or a lack of access to a dentist. Each public,
9		private, and parochial school must give notice of this dental
10		examination requirement to the parents and guardians of
11		students at least 60 days before May 15th of each school year.
12		(1.10) Except as otherwise provided in this Section, all
13		children enrolling in kindergarten in a public, private, or
14		parochial school on or after the effective date of this
15		amendatory Act of the 95th General Assembly and any student
16		enrolling for the first time in a public, private, or parochial
17		school on or after the effective date of this amendatory Act of
18		the 95th General Assembly shall have an eye examination. Each
19		of these children shall present proof of having been examined
20		by a physician licensed to practice medicine in all of its
21		branches or a licensed optometrist within the previous year, in
22		accordance with this Section and rules adopted under this
23		Section, before October 15th of the school year. If the child
24		fails to present proof by October 15th, the school may hold the
25		child's report card until one of the following occurs: (i) the
26		child presents proof of a completed eye examination or (ii) the

HB0313 Engrossed - 171 - LRB100 04130 SMS 14135 b
1		child presents proof that an eye examination will take place
2		within 60 days after October 15th. The Department of Public
3		Health shall establish, by rule, a waiver for children who show
4		an undue burden or a lack of access to a physician licensed to
5		practice medicine in all of its branches who provides eye
6		examinations or to a licensed optometrist. Each public,
7		private, and parochial school must give notice of this eye
8		examination requirement to the parents and guardians of
9		students in compliance with rules of the Department of Public
10		Health. Nothing in this Section shall be construed to allow a
11		school to exclude a child from attending because of a parent's
12		or guardian's failure to obtain an eye examination for the
13		child.
14		(2) The Department of Public Health shall promulgate rules
15		and regulations specifying the examinations and procedures
16		that constitute a health examination, which shall include an
17		age-appropriate developmental screening, an age-appropriate
18		social and emotional screening, and the collection of data
19		relating to obesity (including at a minimum, date of birth,
20		gender, height, weight, blood pressure, and date of exam), and
21		a dental examination and may recommend by rule that certain
22		additional examinations be performed. The rules and
23		regulations of the Department of Public Health shall specify
24		that a tuberculosis skin test screening shall be included as a
25		required part of each health examination included under this
26		Section if the child resides in an area designated by the

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1		Department of Public Health as having a high incidence of
2		tuberculosis. With respect to the developmental screening and
3		the social and emotional screening, the Department of Public
4		Health must develop rules and appropriate revisions to the
5		Child Health Examination form in conjunction with a statewide
6		organization representing school boards; a statewide
7		organization representing pediatricians; statewide
8		organizations representing individuals holding Illinois
9		educator licenses with school support personnel endorsements,
10		including school social workers, school psychologists, and
11		school nurses; a statewide organization representing
12		children's mental health experts; a statewide organization
13		representing school principals; the Director of Healthcare and
14		Family Services or his or her designee, the State
15		Superintendent of Education or his or her designee; and
16		representatives of other appropriate State agencies and, at a
17		minimum, must recommend the use of validated screening tools
18		appropriate to the child's age or grade, and, with regard to
19		the social and emotional screening, require recording only
20		whether or not the screening was completed. The rules shall
21		take into consideration the screening recommendations of the
22		American Academy of Pediatrics and must be consistent with the
23		State Board of Education's social and emotional learning
24		standards. The Department of Public Health shall specify that a
25		diabetes screening as defined by rule shall be included as a
26		required part of each health examination. Diabetes testing is

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1		not required.
2		Physicians licensed to practice medicine in all of its
3		branches, licensed advanced practice registered nurses, or
4		licensed physician assistants shall be responsible for the
5		performance of the health examinations, other than dental
6		examinations, eye examinations, and vision and hearing
7		screening, and shall sign all report forms required by
8		subsection (4) of this Section that pertain to those portions
9		of the health examination for which the physician, advanced
10		practice registered nurse, or physician assistant is
11		responsible. If a registered nurse performs any part of a
12		health examination, then a physician licensed to practice
13		medicine in all of its branches must review and sign all
14		required report forms. Licensed dentists shall perform all
15		dental examinations and shall sign all report forms required by
16		subsection (4) of this Section that pertain to the dental
17		examinations. Physicians licensed to practice medicine in all
18		its branches or licensed optometrists shall perform all eye
19		examinations required by this Section and shall sign all report
20		forms required by subsection (4) of this Section that pertain
21		to the eye examination. For purposes of this Section, an eye
22		examination shall at a minimum include history, visual acuity,
23		subjective refraction to best visual acuity near and far,
24		internal and external examination, and a glaucoma evaluation,
25		as well as any other tests or observations that in the
26		professional judgment of the doctor are necessary. Vision and

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1		hearing screening tests, which shall not be considered
2		examinations as that term is used in this Section, shall be
3		conducted in accordance with rules and regulations of the
4		Department of Public Health, and by individuals whom the
5		Department of Public Health has certified. In these rules and
6		regulations, the Department of Public Health shall require that
7		individuals conducting vision screening tests give a child's
8		parent or guardian written notification, before the vision
9		screening is conducted, that states, "Vision screening is not a
10		substitute for a complete eye and vision evaluation by an eye
11		doctor. Your child is not required to undergo this vision
12		screening if an optometrist or ophthalmologist has completed
13		and signed a report form indicating that an examination has
14		been administered within the previous 12 months."
15		(2.5) With respect to the developmental screening and the
16		social and emotional screening portion of the health
17		examination, each child may present proof of having been
18		screened in accordance with this Section and the rules adopted
19		under this Section before October 15th of the school year. With
20		regard to the social and emotional screening only, the
21		examining health care provider shall only record whether or not
22		the screening was completed. If the child fails to present
23		proof of the developmental screening or the social and
24		emotional screening portions of the health examination by
25		October 15th of the school year, qualified school support
26		personnel may, with a parent's or guardian's consent, offer the

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1		developmental screening or the social and emotional screening
2		to the child. Each public, private, and parochial school must
3		give notice of the developmental screening and social and
4		emotional screening requirements to the parents and guardians
5		of students in compliance with the rules of the Department of
6		Public Health. Nothing in this Section shall be construed to
7		allow a school to exclude a child from attending because of a
8		parent's or guardian's failure to obtain a developmental
9		screening or a social and emotional screening for the child.
10		Once a developmental screening or a social and emotional
11		screening is completed and proof has been presented to the
12		school, the school may, with a parent's or guardian's consent,
13		make available appropriate school personnel to work with the
14		parent or guardian, the child, and the provider who signed the
15		screening form to obtain any appropriate evaluations and
16		services as indicated on the form and in other information and
17		documentation provided by the parents, guardians, or provider.
18		(3) Every child shall, at or about the same time as he or
19		she receives a health examination required by subsection (1) of
20		this Section, present to the local school proof of having
21		received such immunizations against preventable communicable
22		diseases as the Department of Public Health shall require by
23		rules and regulations promulgated pursuant to this Section and
24		the Communicable Disease Prevention Act.
25		(4) The individuals conducting the health examination,
26		dental examination, or eye examination shall record the fact of

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1		having conducted the examination, and such additional
2		information as required, including for a health examination
3		data relating to obesity (including at a minimum, date of
4		birth, gender, height, weight, blood pressure, and date of
5		exam), on uniform forms which the Department of Public Health
6		and the State Board of Education shall prescribe for statewide
7		use. The examiner shall summarize on the report form any
8		condition that he or she suspects indicates a need for special
9		services, including for a health examination factors relating
10		to obesity. The duty to summarize on the report form does not
11		apply to social and emotional screenings. The confidentiality
12		of the information and records relating to the developmental
13		screening and the social and emotional screening shall be
14		determined by the statutes, rules, and professional ethics
15		governing the type of provider conducting the screening. The
16		individuals confirming the administration of required
17		immunizations shall record as indicated on the form that the
18		immunizations were administered.
19		(5) If a child does not submit proof of having had either
20		the health examination or the immunization as required, then
21		the child shall be examined or receive the immunization, as the
22		case may be, and present proof by October 15 of the current
23		school year, or by an earlier date of the current school year
24		established by a school district. To establish a date before
25		October 15 of the current school year for the health
26		examination or immunization as required, a school district must

HB0313 Engrossed - 177 - LRB100 04130 SMS 14135 b
1		give notice of the requirements of this Section 60 days prior
2		to the earlier established date. If for medical reasons one or
3		more of the required immunizations must be given after October
4		15 of the current school year, or after an earlier established
5		date of the current school year, then the child shall present,
6		by October 15, or by the earlier established date, a schedule
7		for the administration of the immunizations and a statement of
8		the medical reasons causing the delay, both the schedule and
9		the statement being issued by the physician, advanced practice
10		registered nurse, physician assistant, registered nurse, or
11		local health department that will be responsible for
12		administration of the remaining required immunizations. If a
13		child does not comply by October 15, or by the earlier
14		established date of the current school year, with the
15		requirements of this subsection, then the local school
16		authority shall exclude that child from school until such time
17		as the child presents proof of having had the health
18		examination as required and presents proof of having received
19		those required immunizations which are medically possible to
20		receive immediately. During a child's exclusion from school for
21		noncompliance with this subsection, the child's parents or
22		legal guardian shall be considered in violation of Section 26-1
23		and subject to any penalty imposed by Section 26-10. This
24		subsection (5) does not apply to dental examinations, eye
25		examinations, and the developmental screening and the social
26		and emotional screening portions of the health examination. If

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1		the student is an out-of-state transfer student and does not
2		have the proof required under this subsection (5) before
3		October 15 of the current year or whatever date is set by the
4		school district, then he or she may only attend classes (i) if
5		he or she has proof that an appointment for the required
6		vaccinations has been scheduled with a party authorized to
7		submit proof of the required vaccinations. If the proof of
8		vaccination required under this subsection (5) is not submitted
9		within 30 days after the student is permitted to attend
10		classes, then the student is not to be permitted to attend
11		classes until proof of the vaccinations has been properly
12		submitted. No school district or employee of a school district
13		shall be held liable for any injury or illness to another
14		person that results from admitting an out-of-state transfer
15		student to class that has an appointment scheduled pursuant to
16		this subsection (5).
17		(6) Every school shall report to the State Board of
18		Education by November 15, in the manner which that agency shall
19		require, the number of children who have received the necessary
20		immunizations and the health examination (other than a dental
21		examination or eye examination) as required, indicating, of
22		those who have not received the immunizations and examination
23		as required, the number of children who are exempt from health
24		examination and immunization requirements on religious or
25		medical grounds as provided in subsection (8). On or before
26		December 1 of each year, every public school district and

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1		registered nonpublic school shall make publicly available the
2		immunization data they are required to submit to the State
3		Board of Education by November 15. The immunization data made
4		publicly available must be identical to the data the school
5		district or school has reported to the State Board of
6		Education.
7		Every school shall report to the State Board of Education
8		by June 30, in the manner that the State Board requires, the
9		number of children who have received the required dental
10		examination, indicating, of those who have not received the
11		required dental examination, the number of children who are
12		exempt from the dental examination on religious grounds as
13		provided in subsection (8) of this Section and the number of
14		children who have received a waiver under subsection (1.5) of
15		this Section.
16		Every school shall report to the State Board of Education
17		by June 30, in the manner that the State Board requires, the
18		number of children who have received the required eye
19		examination, indicating, of those who have not received the
20		required eye examination, the number of children who are exempt
21		from the eye examination as provided in subsection (8) of this
22		Section, the number of children who have received a waiver
23		under subsection (1.10) of this Section, and the total number
24		of children in noncompliance with the eye examination
25		requirement.
26		The reported information under this subsection (6) shall be

HB0313 Engrossed - 180 - LRB100 04130 SMS 14135 b
1		provided to the Department of Public Health by the State Board
2		of Education.
3		(7) Upon determining that the number of pupils who are
4		required to be in compliance with subsection (5) of this
5		Section is below 90% of the number of pupils enrolled in the
6		school district, 10% of each State aid payment made pursuant to
7		Section 18-8.05 to the school district for such year may be
8		withheld by the State Board of Education until the number of
9		students in compliance with subsection (5) is the applicable
10		specified percentage or higher.
11		(8) Children of parents or legal guardians who object to
12		health, dental, or eye examinations or any part thereof, to
13		immunizations, or to vision and hearing screening tests on
14		religious grounds shall not be required to undergo the
15		examinations, tests, or immunizations to which they so object
16		if such parents or legal guardians present to the appropriate
17		local school authority a signed Certificate of Religious
18		Exemption detailing the grounds for objection and the specific
19		immunizations, tests, or examinations to which they object. The
20		grounds for objection must set forth the specific religious
21		belief that conflicts with the examination, test,
22		immunization, or other medical intervention. The signed
23		certificate shall also reflect the parent's or legal guardian's
24		understanding of the school's exclusion policies in the case of
25		a vaccine-preventable disease outbreak or exposure. The
26		certificate must also be signed by the authorized examining

HB0313 Engrossed - 181 - LRB100 04130 SMS 14135 b
1		health care provider responsible for the performance of the
2		child's health examination confirming that the provider
3		provided education to the parent or legal guardian on the
4		benefits of immunization and the health risks to the student
5		and to the community of the communicable diseases for which
6		immunization is required in this State. However, the health
7		care provider's signature on the certificate reflects only that
8		education was provided and does not allow a health care
9		provider grounds to determine a religious exemption. Those
10		receiving immunizations required under this Code shall be
11		provided with the relevant vaccine information statements that
12		are required to be disseminated by the federal National
13		Childhood Vaccine Injury Act of 1986, which may contain
14		information on circumstances when a vaccine should not be
15		administered, prior to administering a vaccine. A healthcare
16		provider may consider including without limitation the
17		nationally accepted recommendations from federal agencies such
18		as the Advisory Committee on Immunization Practices, the
19		information outlined in the relevant vaccine information
20		statement, and vaccine package inserts, along with the
21		healthcare provider's clinical judgment, to determine whether
22		any child may be more susceptible to experiencing an adverse
23		vaccine reaction than the general population, and, if so, the
24		healthcare provider may exempt the child from an immunization
25		or adopt an individualized immunization schedule. The
26		Certificate of Religious Exemption shall be created by the

HB0313 Engrossed - 182 - LRB100 04130 SMS 14135 b
1		Department of Public Health and shall be made available and
2		used by parents and legal guardians by the beginning of the
3		2015-2016 school year. Parents or legal guardians must submit
4		the Certificate of Religious Exemption to their local school
5		authority prior to entering kindergarten, sixth grade, and
6		ninth grade for each child for which they are requesting an
7		exemption. The religious objection stated need not be directed
8		by the tenets of an established religious organization.
9		However, general philosophical or moral reluctance to allow
10		physical examinations, eye examinations, immunizations, vision
11		and hearing screenings, or dental examinations does not provide
12		a sufficient basis for an exception to statutory requirements.
13		The local school authority is responsible for determining if
14		the content of the Certificate of Religious Exemption
15		constitutes a valid religious objection. The local school
16		authority shall inform the parent or legal guardian of
17		exclusion procedures, in accordance with the Department's
18		rules under Part 690 of Title 77 of the Illinois Administrative
19		Code, at the time the objection is presented.
20		If the physical condition of the child is such that any one
21		or more of the immunizing agents should not be administered,
22		the examining physician, advanced practice registered nurse,
23		or physician assistant responsible for the performance of the
24		health examination shall endorse that fact upon the health
25		examination form.
26		Exempting a child from the health, dental, or eye

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1		examination does not exempt the child from participation in the
2		program of physical education training provided in Sections
3		27-5 through 27-7 of this Code.
4		(9) For the purposes of this Section, "nursery schools"
5		means those nursery schools operated by elementary school
6		systems or secondary level school units or institutions of
7		higher learning.
8		(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
9		99-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff.
10		6-1-17.)
11		Section 90. The Care of Students with Diabetes Act is
12		amended by changing Section 10 as follows:
13		(105 ILCS 145/10)
14		Sec. 10. Definitions. As used in this Act:
15		"Delegated care aide" means a school employee who has
16		agreed to receive training in diabetes care and to assist
17		students in implementing their diabetes care plan and has
18		entered into an agreement with a parent or guardian and the
19		school district or private school.
20		"Diabetes care plan" means a document that specifies the
21		diabetes-related services needed by a student at school and at
22		school-sponsored activities and identifies the appropriate
23		staff to provide and supervise these services.
24		"Health care provider" means a physician licensed to

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1		practice medicine in all of its branches, advanced practice
2		registered nurse who has a written agreement with a
3		collaborating physician who authorizes the provision of
4		diabetes care, or a physician assistant who has a written
5		supervision agreement with a supervising physician who
6		authorizes the provision of diabetes care.
7		"Principal" means the principal of the school.
8		"School" means any primary or secondary public, charter, or
9		private school located in this State.
10		"School employee" means a person who is employed by a
11		public school district or private school, a person who is
12		employed by a local health department and assigned to a school,
13		or a person who contracts with a school or school district to
14		perform services in connection with a student's diabetes care
15		plan. This definition must not be interpreted as requiring a
16		school district or private school to hire additional personnel
17		for the sole purpose of serving as a designated care aide.
18		(Source: P.A. 96-1485, eff. 12-1-10.)
19		Section 95. The Nursing Education Scholarship Law is
20		amended by changing Sections 3, 5, and 6.5 as follows:
21		(110 ILCS 975/3) (from Ch. 144, par. 2753)
22		Sec. 3. Definitions.
23		The following terms, whenever used or referred to, have the
24		following meanings except where the context clearly indicates

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1		otherwise:
2		(1) "Board" means the Board of Higher Education created by
3		the Board of Higher Education Act.
4		(2) "Department" means the Illinois Department of Public
5		Health.
6		(3) "Approved institution" means a public community
7		college, private junior college, hospital-based diploma in
8		nursing program, or public or private college or university
9		located in this State that has approval by the Department of
10		Professional Regulation for an associate degree in nursing
11		program, associate degree in applied sciences in nursing
12		program, hospital-based diploma in nursing program,
13		baccalaureate degree in nursing program, graduate degree in
14		nursing program, or certificate in practical nursing program.
15		(4) "Baccalaureate degree in nursing program" means a
16		program offered by an approved institution and leading to a
17		bachelor of science degree in nursing.
18		(5) "Enrollment" means the establishment and maintenance
19		of an individual's status as a student in an approved
20		institution, regardless of the terms used at the institution to
21		describe such status.
22		(6) "Academic year" means the period of time from September
23		1 of one year through August 31 of the next year or as
24		otherwise defined by the academic institution.
25		(7) "Associate degree in nursing program or hospital-based
26		diploma in nursing program" means a program offered by an

HB0313 Engrossed - 186 - LRB100 04130 SMS 14135 b
1		approved institution and leading to an associate degree in
2		nursing, associate degree in applied sciences in nursing, or
3		hospital-based diploma in nursing.
4		(8) "Graduate degree in nursing program" means a program
5		offered by an approved institution and leading to a master of
6		science degree in nursing or a doctorate of philosophy or
7		doctorate of nursing degree in nursing.
8		(9) "Director" means the Director of the Illinois
9		Department of Public Health.
10		(10) "Accepted for admission" means a student has completed
11		the requirements for entry into an associate degree in nursing
12		program, associate degree in applied sciences in nursing
13		program, hospital-based diploma in nursing program,
14		baccalaureate degree in nursing program, graduate degree in
15		nursing program, or certificate in practical nursing program at
16		an approved institution, as documented by the institution.
17		(11) "Fees" means those mandatory charges, in addition to
18		tuition, that all enrolled students must pay, including
19		required course or lab fees.
20		(12) "Full-time student" means a student enrolled for at
21		least 12 hours per term or as otherwise determined by the
22		academic institution.
23		(13) "Law" means the Nursing Education Scholarship Law.
24		(14) "Nursing employment obligation" means employment in
25		this State as a registered professional nurse, licensed
26		practical nurse, or advanced practice registered nurse in

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1		direct patient care for at least one year for each year of
2		scholarship assistance received through the Nursing Education
3		Scholarship Program.
4		(15) "Part-time student" means a person who is enrolled for
5		at least one-third of the number of hours required per term by
6		a school for its full-time students.
7		(16) "Practical nursing program" means a program offered by
8		an approved institution leading to a certificate in practical
9		nursing.
10		(17) "Registered professional nurse" means a person who is
11		currently licensed as a registered professional nurse by the
12		Department of Professional Regulation under the Nurse Practice
13		Act.
14		(18) "Licensed practical nurse" means a person who is
15		currently licensed as a licensed practical nurse by the
16		Department of Professional Regulation under the Nurse Practice
17		Act.
18		(19) "School term" means an academic term, such as a
19		semester, quarter, trimester, or number of clock hours, as
20		defined by an approved institution.
21		(20) "Student in good standing" means a student maintaining
22		a cumulative grade point average equivalent to at least the
23		academic grade of a "C".
24		(21) "Total and permanent disability" means a physical or
25		mental impairment, disease, or loss of a permanent nature that
26		prevents nursing employment with or without reasonable

HB0313 Engrossed - 188 - LRB100 04130 SMS 14135 b
1		accommodation. Proof of disability shall be a declaration from
2		the social security administration, Illinois Workers'
3		Compensation Commission, Department of Defense, or an insurer
4		authorized to transact business in Illinois who is providing
5		disability insurance coverage to a contractor.
6		(22) "Tuition" means the established charges of an
7		institution of higher learning for instruction at that
8		institution.
9		(23) "Nurse educator" means a person who is currently
10		licensed as a registered nurse by the Department of
11		Professional Regulation under the Nurse Practice Act, who has a
12		graduate degree in nursing, and who is employed by an approved
13		academic institution to educate registered nursing students,
14		licensed practical nursing students, and registered nurses
15		pursuing graduate degrees.
16		(24) "Nurse educator employment obligation" means
17		employment in this State as a nurse educator for at least 2
18		years for each year of scholarship assistance received under
19		Section 6.5 of this Law.
20		Rulemaking authority to implement this amendatory Act of
21		the 96th General Assembly, if any, is conditioned on the rules
22		being adopted in accordance with all provisions of the Illinois
23		Administrative Procedure Act and all rules and procedures of
24		the Joint Committee on Administrative Rules; any purported rule
25		not so adopted, for whatever reason, is unauthorized.
26		(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;

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1		96-805, eff. 10-30-09.)
2		(110 ILCS 975/5) (from Ch. 144, par. 2755)
3		Sec. 5. Nursing education scholarships. Beginning with the
4		fall term of the 2004-2005 academic year, the Department, in
5		accordance with rules and regulations promulgated by it for
6		this program, shall provide scholarships to individuals
7		selected from among those applicants who qualify for
8		consideration by showing:
9		(1) that he or she has been a resident of this State
10		for at least one year prior to application, and is a
11		citizen or a lawful permanent resident alien of the United
12		States;
13		(2) that he or she is enrolled in or accepted for
14		admission to an associate degree in nursing program,
15		hospital-based diploma in nursing program, baccalaureate
16		degree in nursing program, graduate degree in nursing
17		program, or practical nursing program at an approved
18		institution; and
19		(3) that he or she agrees to meet the nursing
20		employment obligation.
21		If in any year the number of qualified applicants exceeds
22		the number of scholarships to be awarded, the Department shall,
23		in consultation with the Illinois Nursing Workforce Center for
24		Nursing Advisory Board, consider the following factors in
25		granting priority in awarding scholarships:

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1		(A) Financial need, as shown on a standardized
2		financial needs assessment form used by an approved
3		institution, of students who will pursue their
4		education on a full-time or close to full-time basis
5		and who already have a certificate in practical
6		nursing, a diploma in nursing, or an associate degree
7		in nursing and are pursuing a higher degree.
8		(B) A student's status as a registered nurse who is
9		pursuing a graduate degree in nursing to pursue
10		employment in an approved institution that educates
11		licensed practical nurses and that educates registered
12		nurses in undergraduate and graduate nursing programs.
13		(C) A student's merit, as shown through his or her
14		grade point average, class rank, and other academic and
15		extracurricular activities. The Department may add to
16		and further define these merit criteria by rule.
17		Unless otherwise indicated, scholarships shall be awarded
18		to recipients at approved institutions for a period of up to 2
19		years if the recipient is enrolled in an associate degree in
20		nursing program, up to 3 years if the recipient is enrolled in
21		a hospital-based diploma in nursing program, up to 4 years if
22		the recipient is enrolled in a baccalaureate degree in nursing
23		program, up to 5 years if the recipient is enrolled in a
24		graduate degree in nursing program, and up to one year if the
25		recipient is enrolled in a certificate in practical nursing
26		program. At least 40% of the scholarships awarded shall be for

HB0313 Engrossed - 191 - LRB100 04130 SMS 14135 b
1		recipients who are pursuing baccalaureate degrees in nursing,
2		30% of the scholarships awarded shall be for recipients who are
3		pursuing associate degrees in nursing or a diploma in nursing,
4		10% of the scholarships awarded shall be for recipients who are
5		pursuing a certificate in practical nursing, and 20% of the
6		scholarships awarded shall be for recipients who are pursuing a
7		graduate degree in nursing.
8		(Source: P.A. 93-879, eff. 1-1-05; 94-1020, eff. 7-11-06.)
9		(110 ILCS 975/6.5)
10		Sec. 6.5. Nurse educator scholarships.
11		(a) Beginning with the fall term of the 2009-2010 academic
12		year, the Department shall provide scholarships to individuals
13		selected from among those applicants who qualify for
14		consideration by showing the following:
15		(1) that he or she has been a resident of this State
16		for at least one year prior to application and is a citizen
17		or a lawful permanent resident alien of the United States;
18		(2) that he or she is enrolled in or accepted for
19		admission to a graduate degree in nursing program at an
20		approved institution; and
21		(3) that he or she agrees to meet the nurse educator
22		employment obligation.
23		(b) If in any year the number of qualified applicants
24		exceeds the number of scholarships to be awarded under this
25		Section, the Department shall, in consultation with the

HB0313 Engrossed - 192 - LRB100 04130 SMS 14135 b
1		Illinois Nursing Workforce Center for Nursing Advisory Board,
2		consider the following factors in granting priority in awarding
3		scholarships:
4		(1) Financial need, as shown on a standardized
5		financial needs assessment form used by an approved
6		institution, of students who will pursue their education on
7		a full-time or close to full-time basis and who already
8		have a diploma in nursing and are pursuing a higher degree.
9		(2) A student's status as a registered nurse who is
10		pursuing a graduate degree in nursing to pursue employment
11		in an approved institution that educates licensed
12		practical nurses and that educates registered nurses in
13		undergraduate and graduate nursing programs.
14		(3) A student's merit, as shown through his or her
15		grade point average, class rank, experience as a nurse,
16		including supervisory experience, experience as a nurse in
17		the United States military, and other academic and
18		extracurricular activities.
19		(c) Unless otherwise indicated, scholarships under this
20		Section shall be awarded to recipients at approved institutions
21		for a period of up to 3 years.
22		(d) Within 12 months after graduation from a graduate
23		degree in nursing program for nurse educators, any recipient
24		who accepted a scholarship under this Section shall begin
25		meeting the required nurse educator employment obligation. In
26		order to defer his or her continuous employment obligation, a

HB0313 Engrossed - 193 - LRB100 04130 SMS 14135 b
1		recipient must request the deferment in writing from the
2		Department. A recipient shall receive a deferment if he or she
3		notifies the Department, within 30 days after enlisting, that
4		he or she is spending up to 4 years in military service. A
5		recipient shall receive a deferment if he or she notifies the
6		Department, within 30 days after enrolling, that he or she is
7		enrolled in an academic program leading to a graduate degree in
8		nursing. The recipient must begin meeting the required nurse
9		educator employment obligation no later than 6 months after the
10		end of the deferment or deferments.
11		Any person who fails to fulfill the nurse educator
12		employment obligation shall pay to the Department an amount
13		equal to the amount of scholarship funds received per year for
14		each unfulfilled year of the nurse educator employment
15		obligation, together with interest at 7% per year on the unpaid
16		balance. Payment must begin within 6 months following the date
17		of the occurrence initiating the repayment. All repayments must
18		be completed within 6 years from the date of the occurrence
19		initiating the repayment. However, this repayment obligation
20		may be deferred and re-evaluated every 6 months when the
21		failure to fulfill the nurse educator employment obligation
22		results from involuntarily leaving the profession due to a
23		decrease in the number of nurses employed in this State or when
24		the failure to fulfill the nurse educator employment obligation
25		results from total and permanent disability. The repayment
26		obligation shall be excused if the failure to fulfill the nurse

HB0313 Engrossed - 194 - LRB100 04130 SMS 14135 b
1		educator employment obligation results from the death or
2		adjudication as incompetent of the person holding the
3		scholarship. No claim for repayment may be filed against the
4		estate of such a decedent or incompetent.
5		The Department may allow a nurse educator employment
6		obligation fulfillment alternative if the nurse educator
7		scholarship recipient is unsuccessful in finding work as a
8		nurse educator. The Department shall maintain a database of all
9		available nurse educator positions in this State.
10		(e) Each person applying for a scholarship under this
11		Section must be provided with a copy of this Section at the
12		time of application for the benefits of this scholarship.
13		(f) Rulemaking authority to implement this amendatory Act
14		of the 96th General Assembly, if any, is conditioned on the
15		rules being adopted in accordance with all provisions of the
16		Illinois Administrative Procedure Act and all rules and
17		procedures of the Joint Committee on Administrative Rules; any
18		purported rule not so adopted, for whatever reason, is
19		unauthorized.
20		(Source: P.A. 96-805, eff. 10-30-09.)
21		Section 100. The Ambulatory Surgical Treatment Center Act
22		is amended by changing Section 6.5 as follows:
23		(210 ILCS 5/6.5)
24		Sec. 6.5. Clinical privileges; advanced practice

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1		registered nurses. All ambulatory surgical treatment centers
2		(ASTC) licensed under this Act shall comply with the following
3		requirements:
4		(1) No ASTC policy, rule, regulation, or practice shall
5		be inconsistent with the provision of adequate
6		collaboration and consultation in accordance with Section
7		54.5 of the Medical Practice Act of 1987.
8		(2) Operative surgical procedures shall be performed
9		only by a physician licensed to practice medicine in all
10		its branches under the Medical Practice Act of 1987, a
11		dentist licensed under the Illinois Dental Practice Act, or
12		a podiatric physician licensed under the Podiatric Medical
13		Practice Act of 1987, with medical staff membership and
14		surgical clinical privileges granted by the consulting
15		committee of the ASTC. A licensed physician, dentist, or
16		podiatric physician may be assisted by a physician licensed
17		to practice medicine in all its branches, dentist, dental
18		assistant, podiatric physician, licensed advanced practice
19		registered nurse, licensed physician assistant, licensed
20		registered nurse, licensed practical nurse, surgical
21		assistant, surgical technician, or other individuals
22		granted clinical privileges to assist in surgery by the
23		consulting committee of the ASTC. Payment for services
24		rendered by an assistant in surgery who is not an
25		ambulatory surgical treatment center employee shall be
26		paid at the appropriate non-physician modifier rate if the

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1		payor would have made payment had the same services been
2		provided by a physician.
3		(2.5) A registered nurse licensed under the Nurse
4		Practice Act and qualified by training and experience in
5		operating room nursing shall be present in the operating
6		room and function as the circulating nurse during all
7		invasive or operative procedures. For purposes of this
8		paragraph (2.5), "circulating nurse" means a registered
9		nurse who is responsible for coordinating all nursing care,
10		patient safety needs, and the needs of the surgical team in
11		the operating room during an invasive or operative
12		procedure.
13		(3) An advanced practice registered nurse is not
14		required to possess prescriptive authority or a written
15		collaborative agreement meeting the requirements of the
16		Nurse Practice Act to provide advanced practice registered
17		nursing services in an ambulatory surgical treatment
18		center. An advanced practice registered nurse must possess
19		clinical privileges granted by the consulting medical
20		staff committee and ambulatory surgical treatment center
21		in order to provide services. Individual advanced practice
22		registered nurses may also be granted clinical privileges
23		to order, select, and administer medications, including
24		controlled substances, to provide delineated care. The
25		attending physician must determine the advanced practice
26		registered nurse's role in providing care for his or her

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1		patients, except as otherwise provided in the consulting
2		staff policies. The consulting medical staff committee
3		shall periodically review the services of advanced
4		practice registered nurses granted privileges.
5		(4) The anesthesia service shall be under the direction
6		of a physician licensed to practice medicine in all its
7		branches who has had specialized preparation or experience
8		in the area or who has completed a residency in
9		anesthesiology. An anesthesiologist, Board certified or
10		Board eligible, is recommended. Anesthesia services may
11		only be administered pursuant to the order of a physician
12		licensed to practice medicine in all its branches, licensed
13		dentist, or licensed podiatric physician.
14		(A) The individuals who, with clinical privileges
15		granted by the medical staff and ASTC, may administer
16		anesthesia services are limited to the following:
17		(i) an anesthesiologist; or
18		(ii) a physician licensed to practice medicine
19		in all its branches; or
20		(iii) a dentist with authority to administer
21		anesthesia under Section 8.1 of the Illinois
22		Dental Practice Act; or
23		(iv) a licensed certified registered nurse
24		anesthetist; or
25		(v) a podiatric physician licensed under the
26		Podiatric Medical Practice Act of 1987.

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1		(B) For anesthesia services, an anesthesiologist
2		shall participate through discussion of and agreement
3		with the anesthesia plan and shall remain physically
4		present and be available on the premises during the
5		delivery of anesthesia services for diagnosis,
6		consultation, and treatment of emergency medical
7		conditions. In the absence of 24-hour availability of
8		anesthesiologists with clinical privileges, an
9		alternate policy (requiring participation, presence,
10		and availability of a physician licensed to practice
11		medicine in all its branches) shall be developed by the
12		medical staff consulting committee in consultation
13		with the anesthesia service and included in the medical
14		staff consulting committee policies.
15		(C) A certified registered nurse anesthetist is
16		not required to possess prescriptive authority or a
17		written collaborative agreement meeting the
18		requirements of Section 65-35 of the Nurse Practice Act
19		to provide anesthesia services ordered by a licensed
20		physician, dentist, or podiatric physician. Licensed
21		certified registered nurse anesthetists are authorized
22		to select, order, and administer drugs and apply the
23		appropriate medical devices in the provision of
24		anesthesia services under the anesthesia plan agreed
25		with by the anesthesiologist or, in the absence of an
26		available anesthesiologist with clinical privileges,

HB0313 Engrossed - 199 - LRB100 04130 SMS 14135 b
1		agreed with by the operating physician, operating
2		dentist, or operating podiatric physician in
3		accordance with the medical staff consulting committee
4		policies of a licensed ambulatory surgical treatment
5		center.
6		(Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
7		Section 105. The Assisted Living and Shared Housing Act is
8		amended by changing Section 10 as follows:
9		(210 ILCS 9/10)
10		Sec. 10. Definitions. For purposes of this Act:
11		"Activities of daily living" means eating, dressing,
12		bathing, toileting, transferring, or personal hygiene.
13		"Assisted living establishment" or "establishment" means a
14		home, building, residence, or any other place where sleeping
15		accommodations are provided for at least 3 unrelated adults, at
16		least 80% of whom are 55 years of age or older and where the
17		following are provided consistent with the purposes of this
18		Act:
19		(1) services consistent with a social model that is
20		based on the premise that the resident's unit in assisted
21		living and shared housing is his or her own home;
22		(2) community-based residential care for persons who
23		need assistance with activities of daily living, including
24		personal, supportive, and intermittent health-related

HB0313 Engrossed - 200 - LRB100 04130 SMS 14135 b
1		services available 24 hours per day, if needed, to meet the
2		scheduled and unscheduled needs of a resident;
3		(3) mandatory services, whether provided directly by
4		the establishment or by another entity arranged for by the
5		establishment, with the consent of the resident or
6		resident's representative; and
7		(4) a physical environment that is a homelike setting
8		that includes the following and such other elements as
9		established by the Department: individual living units
10		each of which shall accommodate small kitchen appliances
11		and contain private bathing, washing, and toilet
12		facilities, or private washing and toilet facilities with a
13		common bathing room readily accessible to each resident.
14		Units shall be maintained for single occupancy except in
15		cases in which 2 residents choose to share a unit.
16		Sufficient common space shall exist to permit individual
17		and group activities.
18		"Assisted living establishment" or "establishment" does
19		not mean any of the following:
20		(1) A home, institution, or similar place operated by
21		the federal government or the State of Illinois.
22		(2) A long term care facility licensed under the
23		Nursing Home Care Act, a facility licensed under the
24		Specialized Mental Health Rehabilitation Act of 2013, a
25		facility licensed under the ID/DD Community Care Act, or a
26		facility licensed under the MC/DD Act. However, a facility

HB0313 Engrossed - 201 - LRB100 04130 SMS 14135 b
1		licensed under any of those Acts may convert distinct parts
2		of the facility to assisted living. If the facility elects
3		to do so, the facility shall retain the Certificate of Need
4		for its nursing and sheltered care beds that were
5		converted.
6		(3) A hospital, sanitarium, or other institution, the
7		principal activity or business of which is the diagnosis,
8		care, and treatment of human illness and that is required
9		to be licensed under the Hospital Licensing Act.
10		(4) A facility for child care as defined in the Child
11		Care Act of 1969.
12		(5) A community living facility as defined in the
13		Community Living Facilities Licensing Act.
14		(6) A nursing home or sanitarium operated solely by and
15		for persons who rely exclusively upon treatment by
16		spiritual means through prayer in accordance with the creed
17		or tenants of a well-recognized church or religious
18		denomination.
19		(7) A facility licensed by the Department of Human
20		Services as a community-integrated living arrangement as
21		defined in the Community-Integrated Living Arrangements
22		Licensure and Certification Act.
23		(8) A supportive residence licensed under the
24		Supportive Residences Licensing Act.
25		(9) The portion of a life care facility as defined in
26		the Life Care Facilities Act not licensed as an assisted

HB0313 Engrossed - 202 - LRB100 04130 SMS 14135 b
1		living establishment under this Act; a life care facility
2		may apply under this Act to convert sections of the
3		community to assisted living.
4		(10) A free-standing hospice facility licensed under
5		the Hospice Program Licensing Act.
6		(11) A shared housing establishment.
7		(12) A supportive living facility as described in
8		Section 5-5.01a of the Illinois Public Aid Code.
9		"Department" means the Department of Public Health.
10		"Director" means the Director of Public Health.
11		"Emergency situation" means imminent danger of death or
12		serious physical harm to a resident of an establishment.
13		"License" means any of the following types of licenses
14		issued to an applicant or licensee by the Department:
15		(1) "Probationary license" means a license issued to an
16		applicant or licensee that has not held a license under
17		this Act prior to its application or pursuant to a license
18		transfer in accordance with Section 50 of this Act.
19		(2) "Regular license" means a license issued by the
20		Department to an applicant or licensee that is in
21		substantial compliance with this Act and any rules
22		promulgated under this Act.
23		"Licensee" means a person, agency, association,
24		corporation, partnership, or organization that has been issued
25		a license to operate an assisted living or shared housing
26		establishment.

HB0313 Engrossed - 203 - LRB100 04130 SMS 14135 b
1		"Licensed health care professional" means a registered
2		professional nurse, an advanced practice registered nurse, a
3		physician assistant, and a licensed practical nurse.
4		"Mandatory services" include the following:
5		(1) 3 meals per day available to the residents prepared
6		by the establishment or an outside contractor;
7		(2) housekeeping services including, but not limited
8		to, vacuuming, dusting, and cleaning the resident's unit;
9		(3) personal laundry and linen services available to
10		the residents provided or arranged for by the
11		establishment;
12		(4) security provided 24 hours each day including, but
13		not limited to, locked entrances or building or contract
14		security personnel;
15		(5) an emergency communication response system, which
16		is a procedure in place 24 hours each day by which a
17		resident can notify building management, an emergency
18		response vendor, or others able to respond to his or her
19		need for assistance; and
20		(6) assistance with activities of daily living as
21		required by each resident.
22		"Negotiated risk" is the process by which a resident, or
23		his or her representative, may formally negotiate with
24		providers what risks each are willing and unwilling to assume
25		in service provision and the resident's living environment. The
26		provider assures that the resident and the resident's

HB0313 Engrossed - 204 - LRB100 04130 SMS 14135 b
1		representative, if any, are informed of the risks of these
2		decisions and of the potential consequences of assuming these
3		risks.
4		"Owner" means the individual, partnership, corporation,
5		association, or other person who owns an assisted living or
6		shared housing establishment. In the event an assisted living
7		or shared housing establishment is operated by a person who
8		leases or manages the physical plant, which is owned by another
9		person, "owner" means the person who operates the assisted
10		living or shared housing establishment, except that if the
11		person who owns the physical plant is an affiliate of the
12		person who operates the assisted living or shared housing
13		establishment and has significant control over the day to day
14		operations of the assisted living or shared housing
15		establishment, the person who owns the physical plant shall
16		incur jointly and severally with the owner all liabilities
17		imposed on an owner under this Act.
18		"Physician" means a person licensed under the Medical
19		Practice Act of 1987 to practice medicine in all of its
20		branches.
21		"Resident" means a person residing in an assisted living or
22		shared housing establishment.
23		"Resident's representative" means a person, other than the
24		owner, agent, or employee of an establishment or of the health
25		care provider unless related to the resident, designated in
26		writing by a resident to be his or her representative. This

HB0313 Engrossed - 205 - LRB100 04130 SMS 14135 b
1		designation may be accomplished through the Illinois Power of
2		Attorney Act, pursuant to the guardianship process under the
3		Probate Act of 1975, or pursuant to an executed designation of
4		representative form specified by the Department.
5		"Self" means the individual or the individual's designated
6		representative.
7		"Shared housing establishment" or "establishment" means a
8		publicly or privately operated free-standing residence for 16
9		or fewer persons, at least 80% of whom are 55 years of age or
10		older and who are unrelated to the owners and one manager of
11		the residence, where the following are provided:
12		(1) services consistent with a social model that is
13		based on the premise that the resident's unit is his or her
14		own home;
15		(2) community-based residential care for persons who
16		need assistance with activities of daily living, including
17		housing and personal, supportive, and intermittent
18		health-related services available 24 hours per day, if
19		needed, to meet the scheduled and unscheduled needs of a
20		resident; and
21		(3) mandatory services, whether provided directly by
22		the establishment or by another entity arranged for by the
23		establishment, with the consent of the resident or the
24		resident's representative.
25		"Shared housing establishment" or "establishment" does not
26		mean any of the following:

HB0313 Engrossed - 206 - LRB100 04130 SMS 14135 b
1		(1) A home, institution, or similar place operated by
2		the federal government or the State of Illinois.
3		(2) A long term care facility licensed under the
4		Nursing Home Care Act, a facility licensed under the
5		Specialized Mental Health Rehabilitation Act of 2013, a
6		facility licensed under the ID/DD Community Care Act, or a
7		facility licensed under the MC/DD Act. A facility licensed
8		under any of those Acts may, however, convert sections of
9		the facility to assisted living. If the facility elects to
10		do so, the facility shall retain the Certificate of Need
11		for its nursing beds that were converted.
12		(3) A hospital, sanitarium, or other institution, the
13		principal activity or business of which is the diagnosis,
14		care, and treatment of human illness and that is required
15		to be licensed under the Hospital Licensing Act.
16		(4) A facility for child care as defined in the Child
17		Care Act of 1969.
18		(5) A community living facility as defined in the
19		Community Living Facilities Licensing Act.
20		(6) A nursing home or sanitarium operated solely by and
21		for persons who rely exclusively upon treatment by
22		spiritual means through prayer in accordance with the creed
23		or tenants of a well-recognized church or religious
24		denomination.
25		(7) A facility licensed by the Department of Human
26		Services as a community-integrated living arrangement as

HB0313 Engrossed - 207 - LRB100 04130 SMS 14135 b
1		defined in the Community-Integrated Living Arrangements
2		Licensure and Certification Act.
3		(8) A supportive residence licensed under the
4		Supportive Residences Licensing Act.
5		(9) A life care facility as defined in the Life Care
6		Facilities Act; a life care facility may apply under this
7		Act to convert sections of the community to assisted
8		living.
9		(10) A free-standing hospice facility licensed under
10		the Hospice Program Licensing Act.
11		(11) An assisted living establishment.
12		(12) A supportive living facility as described in
13		Section 5-5.01a of the Illinois Public Aid Code.
14		"Total assistance" means that staff or another individual
15		performs the entire activity of daily living without
16		participation by the resident.
17		(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
18		Section 110. The Illinois Clinical Laboratory and Blood
19		Bank Act is amended by changing Section 7-101 as follows:
20		(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
21		Sec. 7-101. Examination of specimens. A clinical
22		laboratory shall examine specimens only at the request of (i) a
23		licensed physician, (ii) a licensed dentist, (iii) a licensed
24		podiatric physician, (iv) a licensed optometrist, (v) a

HB0313 Engrossed - 208 - LRB100 04130 SMS 14135 b
1		licensed physician assistant, (v-A) a licensed advanced
2		practice registered nurse, (vi) an authorized law enforcement
3		agency or, in the case of blood alcohol, at the request of the
4		individual for whom the test is to be performed in compliance
5		with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code,
6		or (vii) a genetic counselor with the specific authority from a
7		referral to order a test or tests pursuant to subsection (b) of
8		Section 20 of the Genetic Counselor Licensing Act. If the
9		request to a laboratory is oral, the physician or other
10		authorized person shall submit a written request to the
11		laboratory within 48 hours. If the laboratory does not receive
12		the written request within that period, it shall note that fact
13		in its records. For purposes of this Section, a request made by
14		electronic mail or fax constitutes a written request.
15		(Source: P.A. 98-185, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756,
16		eff. 7-16-14; 98-767, eff. 1-1-15; 99-173, eff. 7-29-15.)
17		Section 115. The Nursing Home Care Act is amended by
18		changing Section 3-206.05 as follows:
19		(210 ILCS 45/3-206.05)
20		Sec. 3-206.05. Safe resident handling policy.
21		(a) In this Section:
22		"Health care worker" means an individual providing direct
23		resident care services who may be required to lift, transfer,
24		reposition, or move a resident.

HB0313 Engrossed - 209 - LRB100 04130 SMS 14135 b
1		"Nurse" means an advanced practice registered nurse, a
2		registered nurse, or a licensed practical nurse licensed under
3		the Nurse Practice Act.
4		"Safe lifting equipment and accessories" means mechanical
5		equipment designed to lift, move, reposition, and transfer
6		residents, including, but not limited to, fixed and portable
7		ceiling lifts, sit-to-stand lifts, slide sheets and boards,
8		slings, and repositioning and turning sheets.
9		"Safe lifting team" means at least 2 individuals who are
10		trained and proficient in the use of both safe lifting
11		techniques and safe lifting equipment and accessories.
12		"Adjustable equipment" means products and devices that may
13		be adapted for use by individuals with physical and other
14		disabilities in order to optimize accessibility. Adjustable
15		equipment includes, but is not limited to, the following:
16		(1) Wheelchairs with adjustable footrest height and
17		seat width and depth.
18		(2) Height-adjustable, drop-arm commode chairs and
19		height-adjustable shower gurneys or shower benches to
20		enable individuals with mobility disabilities to use a
21		toilet and to shower safely and with increased comfort.
22		(3) Accessible weight scales that accommodate
23		wheelchair users.
24		(4) Height-adjustable beds that can be lowered to
25		accommodate individuals with mobility disabilities in
26		getting in and out of bed and that utilize drop-down side

HB0313 Engrossed - 210 - LRB100 04130 SMS 14135 b
1		railings for stability and positioning support.
2		(5) Universally designed or adaptable call buttons and
3		motorized bed position and height controls that can be
4		operated by persons with limited or no reach range, fine
5		motor ability, or vision.
6		(6) Height-adjustable platform tables for physical
7		therapy with drop-down side railings for stability and
8		positioning support.
9		(7) Therapeutic rehabilitation and exercise machines
10		with foot straps to secure the user's feet to the pedals
11		and with cuffs or splints to augment the user's grip
12		strength on handles.
13		(b) A facility must adopt and ensure implementation of a
14		policy to identify, assess, and develop strategies to control
15		risk of injury to residents and nurses and other health care
16		workers associated with the lifting, transferring,
17		repositioning, or movement of a resident. The policy shall
18		establish a process that, at a minimum, includes all of the
19		following:
20		(1) Analysis of the risk of injury to residents and
21		nurses and other health care workers taking into account
22		the resident handling needs of the resident populations
23		served by the facility and the physical environment in
24		which the resident handling and movement occurs.
25		(2) Education and training of nurses and other direct
26		resident care providers in the identification, assessment,

HB0313 Engrossed - 211 - LRB100 04130 SMS 14135 b
1		and control of risks of injury to residents and nurses and
2		other health care workers during resident handling and on
3		safe lifting policies and techniques and current lifting
4		equipment.
5		(3) Evaluation of alternative ways to reduce risks
6		associated with resident handling, including evaluation of
7		equipment and the environment.
8		(4) Restriction, to the extent feasible with existing
9		equipment and aids, of manual resident handling or movement
10		of all or most of a resident's weight except for emergency,
11		life-threatening, or otherwise exceptional circumstances.
12		(5) Procedures for a nurse to refuse to perform or be
13		involved in resident handling or movement that the nurse in
14		good faith believes will expose a resident or nurse or
15		other health care worker to an unacceptable risk of injury.
16		(6) Development of strategies to control risk of injury
17		to residents and nurses and other health care workers
18		associated with the lifting, transferring, repositioning,
19		or movement of a resident.
20		(7) In developing architectural plans for construction
21		or remodeling of a facility or unit of a facility in which
22		resident handling and movement occurs, consideration of
23		the feasibility of incorporating resident handling
24		equipment or the physical space and construction design
25		needed to incorporate that equipment.
26		(8) Fostering and maintaining resident safety,

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1		dignity, self-determination, and choice, including the
2		following policies, strategies, and procedures:
3		(A) The existence and availability of a trained
4		safe lifting team.
5		(B) A policy of advising residents of a range of
6		transfer and lift options, including adjustable
7		diagnostic and treatment equipment, mechanical lifts,
8		and provision of a trained safe lifting team.
9		(C) The right of a competent resident, or the
10		guardian of a resident adjudicated incompetent, to
11		choose among the range of transfer and lift options
12		consistent with the procedures set forth under
13		subdivision (b)(5) and the policies set forth under
14		this paragraph (8), subject to the provisions of
15		subparagraph (E) of this paragraph (8).
16		(D) Procedures for documenting, upon admission and
17		as status changes, a mobility assessment and plan for
18		lifting, transferring, repositioning, or movement of a
19		resident, including the choice of the resident or the
20		resident's guardian among the range of transfer and
21		lift options.
22		(E) Incorporation of such safe lifting procedures,
23		techniques, and equipment as are consistent with
24		applicable federal law.
25		(c) Safe lifting teams must receive specialized, in-depth
26		training that includes, but need not be limited to, the

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1		following:
2		(1) Types and operation of equipment.
3		(2) Safe manual lifting and moving techniques.
4		(3) Ergonomic principles in the assessment of risk both
5		to nurses and other workers and to residents.
6		(4) The selection, safe use, location, and condition of
7		appropriate pieces of equipment individualized to each
8		resident's medical and physical conditions and
9		preferences.
10		(5) Procedures for advising residents of the full range
11		of transfer and lift options and for documenting
12		individualized lifting plans that include resident choice.
13		Specialized, in-depth training may rely on federal
14		standards and guidelines such as the United States Department
15		of Labor Guidelines for Nursing Homes, supplemented by federal
16		requirements for barrier removal, independent access, and
17		means of accommodation optimizing independent movement and
18		transfer.
19		(Source: P.A. 96-389, eff. 1-1-10; 97-866, eff. 1-1-13.)
20		Section 120. The Emergency Medical Services (EMS) Systems
21		Act is amended by changing Sections 3.10 and 3.117 as follows:
22		(210 ILCS 50/3.10)
23		Sec. 3.10. Scope of Services.
24		(a) "Advanced Life Support (ALS) Services" means an

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1		advanced level of pre-hospital and inter-hospital emergency
2		care and non-emergency medical services that includes basic
3		life support care, cardiac monitoring, cardiac defibrillation,
4		electrocardiography, intravenous therapy, administration of
5		medications, drugs and solutions, use of adjunctive medical
6		devices, trauma care, and other authorized techniques and
7		procedures, as outlined in the provisions of the National EMS
8		Education Standards relating to Advanced Life Support and any
9		modifications to that curriculum specified in rules adopted by
10		the Department pursuant to this Act.
11		That care shall be initiated as authorized by the EMS
12		Medical Director in a Department approved advanced life support
13		EMS System, under the written or verbal direction of a
14		physician licensed to practice medicine in all of its branches
15		or under the verbal direction of an Emergency Communications
16		Registered Nurse.
17		(b) "Intermediate Life Support (ILS) Services" means an
18		intermediate level of pre-hospital and inter-hospital
19		emergency care and non-emergency medical services that
20		includes basic life support care plus intravenous cannulation
21		and fluid therapy, invasive airway management, trauma care, and
22		other authorized techniques and procedures, as outlined in the
23		Intermediate Life Support national curriculum of the United
24		States Department of Transportation and any modifications to
25		that curriculum specified in rules adopted by the Department
26		pursuant to this Act.

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1		That care shall be initiated as authorized by the EMS
2		Medical Director in a Department approved intermediate or
3		advanced life support EMS System, under the written or verbal
4		direction of a physician licensed to practice medicine in all
5		of its branches or under the verbal direction of an Emergency
6		Communications Registered Nurse.
7		(c) "Basic Life Support (BLS) Services" means a basic level
8		of pre-hospital and inter-hospital emergency care and
9		non-emergency medical services that includes medical
10		monitoring, clinical observation, airway management,
11		cardiopulmonary resuscitation (CPR), control of shock and
12		bleeding and splinting of fractures, as outlined in the
13		provisions of the National EMS Education Standards relating to
14		Basic Life Support and any modifications to that curriculum
15		specified in rules adopted by the Department pursuant to this
16		Act.
17		That care shall be initiated, where authorized by the EMS
18		Medical Director in a Department approved EMS System, under the
19		written or verbal direction of a physician licensed to practice
20		medicine in all of its branches or under the verbal direction
21		of an Emergency Communications Registered Nurse.
22		(d) "Emergency Medical Responder Services" means a
23		preliminary level of pre-hospital emergency care that includes
24		cardiopulmonary resuscitation (CPR), monitoring vital signs
25		and control of bleeding, as outlined in the Emergency Medical
26		Responder (EMR) curriculum of the National EMS Education

HB0313 Engrossed - 216 - LRB100 04130 SMS 14135 b
1		Standards and any modifications to that curriculum specified in
2		rules adopted by the Department pursuant to this Act.
3		(e) "Pre-hospital care" means those medical services
4		rendered to patients for analytic, resuscitative, stabilizing,
5		or preventive purposes, precedent to and during transportation
6		of such patients to health care facilities.
7		(f) "Inter-hospital care" means those medical services
8		rendered to patients for analytic, resuscitative, stabilizing,
9		or preventive purposes, during transportation of such patients
10		from one hospital to another hospital.
11		(f-5) "Critical care transport" means the pre-hospital or
12		inter-hospital transportation of a critically injured or ill
13		patient by a vehicle service provider, including the provision
14		of medically necessary supplies and services, at a level of
15		service beyond the scope of the Paramedic. When medically
16		indicated for a patient, as determined by a physician licensed
17		to practice medicine in all of its branches, an advanced
18		practice registered nurse, or a physician's assistant, in
19		compliance with subsections (b) and (c) of Section 3.155 of
20		this Act, critical care transport may be provided by:
21		(1) Department-approved critical care transport
22		providers, not owned or operated by a hospital, utilizing
23		Paramedics with additional training, nurses, or other
24		qualified health professionals; or
25		(2) Hospitals, when utilizing any vehicle service
26		provider or any hospital-owned or operated vehicle service

HB0313 Engrossed - 217 - LRB100 04130 SMS 14135 b
1		provider. Nothing in Public Act 96-1469 requires a hospital
2		to use, or to be, a Department-approved critical care
3		transport provider when transporting patients, including
4		those critically injured or ill. Nothing in this Act shall
5		restrict or prohibit a hospital from providing, or
6		arranging for, the medically appropriate transport of any
7		patient, as determined by a physician licensed to practice
8		in all of its branches, an advanced practice registered
9		nurse, or a physician's assistant.
10		(g) "Non-emergency medical services" means medical care,
11		clinical observation, or medical monitoring rendered to
12		patients whose conditions do not meet this Act's definition of
13		emergency, before or during transportation of such patients to
14		or from health care facilities visited for the purpose of
15		obtaining medical or health care services which are not
16		emergency in nature, using a vehicle regulated by this Act.
17		(g-5) The Department shall have the authority to promulgate
18		minimum standards for critical care transport providers
19		through rules adopted pursuant to this Act. All critical care
20		transport providers must function within a Department-approved
21		EMS System. Nothing in Department rules shall restrict a
22		hospital's ability to furnish personnel, equipment, and
23		medical supplies to any vehicle service provider, including a
24		critical care transport provider. Minimum critical care
25		transport provider standards shall include, but are not limited
26		to:

HB0313 Engrossed - 218 - LRB100 04130 SMS 14135 b
1		(1) Personnel staffing and licensure.
2		(2) Education, certification, and experience.
3		(3) Medical equipment and supplies.
4		(4) Vehicular standards.
5		(5) Treatment and transport protocols.
6		(6) Quality assurance and data collection.
7		(h) The provisions of this Act shall not apply to the use
8		of an ambulance or SEMSV, unless and until emergency or
9		non-emergency medical services are needed during the use of the
10		ambulance or SEMSV.
11		(Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17.)
12		(210 ILCS 50/3.117)
13		Sec. 3.117. Hospital Designations.
14		(a) The Department shall attempt to designate Primary
15		Stroke Centers in all areas of the State.
16		(1) The Department shall designate as many certified
17		Primary Stroke Centers as apply for that designation
18		provided they are certified by a nationally-recognized
19		certifying body, approved by the Department, and
20		certification criteria are consistent with the most
21		current nationally-recognized, evidence-based stroke
22		guidelines related to reducing the occurrence,
23		disabilities, and death associated with stroke.
24		(2) A hospital certified as a Primary Stroke Center by
25		a nationally-recognized certifying body approved by the

HB0313 Engrossed - 219 - LRB100 04130 SMS 14135 b
1		Department, shall send a copy of the Certificate and annual
2		fee to the Department and shall be deemed, within 30
3		business days of its receipt by the Department, to be a
4		State-designated Primary Stroke Center.
5		(3) A center designated as a Primary Stroke Center
6		shall pay an annual fee as determined by the Department
7		that shall be no less than $100 and no greater than $500.
8		All fees shall be deposited into the Stroke Data Collection
9		Fund.
10		(3.5) With respect to a hospital that is a designated
11		Primary Stroke Center, the Department shall have the
12		authority and responsibility to do the following:
13		(A) Suspend or revoke a hospital's Primary Stroke
14		Center designation upon receiving notice that the
15		hospital's Primary Stroke Center certification has
16		lapsed or has been revoked by the State recognized
17		certifying body.
18		(B) Suspend a hospital's Primary Stroke Center
19		designation, in extreme circumstances where patients
20		may be at risk for immediate harm or death, until such
21		time as the certifying body investigates and makes a
22		final determination regarding certification.
23		(C) Restore any previously suspended or revoked
24		Department designation upon notice to the Department
25		that the certifying body has confirmed or restored the
26		Primary Stroke Center certification of that previously

HB0313 Engrossed - 220 - LRB100 04130 SMS 14135 b
1		designated hospital.
2		(D) Suspend a hospital's Primary Stroke Center
3		designation at the request of a hospital seeking to
4		suspend its own Department designation.
5		(4) Primary Stroke Center designation shall remain
6		valid at all times while the hospital maintains its
7		certification as a Primary Stroke Center, in good standing,
8		with the certifying body. The duration of a Primary Stroke
9		Center designation shall coincide with the duration of its
10		Primary Stroke Center certification. Each designated
11		Primary Stroke Center shall have its designation
12		automatically renewed upon the Department's receipt of a
13		copy of the accrediting body's certification renewal.
14		(5) A hospital that no longer meets
15		nationally-recognized, evidence-based standards for
16		Primary Stroke Centers, or loses its Primary Stroke Center
17		certification, shall notify the Department and the
18		Regional EMS Advisory Committee within 5 business days.
19		(a-5) The Department shall attempt to designate
20		Comprehensive Stroke Centers in all areas of the State.
21		(1) The Department shall designate as many certified
22		Comprehensive Stroke Centers as apply for that
23		designation, provided that the Comprehensive Stroke
24		Centers are certified by a nationally-recognized
25		certifying body approved by the Department, and provided
26		that the certifying body's certification criteria are

HB0313 Engrossed - 221 - LRB100 04130 SMS 14135 b
1		consistent with the most current nationally-recognized and
2		evidence-based stroke guidelines for reducing the
3		occurrence of stroke and the disabilities and death
4		associated with stroke.
5		(2) A hospital certified as a Comprehensive Stroke
6		Center shall send a copy of the Certificate and annual fee
7		to the Department and shall be deemed, within 30 business
8		days of its receipt by the Department, to be a
9		State-designated Comprehensive Stroke Center.
10		(3) A hospital designated as a Comprehensive Stroke
11		Center shall pay an annual fee as determined by the
12		Department that shall be no less than $100 and no greater
13		than $500. All fees shall be deposited into the Stroke Data
14		Collection Fund.
15		(4) With respect to a hospital that is a designated
16		Comprehensive Stroke Center, the Department shall have the
17		authority and responsibility to do the following:
18		(A) Suspend or revoke the hospital's Comprehensive
19		Stroke Center designation upon receiving notice that
20		the hospital's Comprehensive Stroke Center
21		certification has lapsed or has been revoked by the
22		State recognized certifying body.
23		(B) Suspend the hospital's Comprehensive Stroke
24		Center designation, in extreme circumstances in which
25		patients may be at risk for immediate harm or death,
26		until such time as the certifying body investigates and

HB0313 Engrossed - 222 - LRB100 04130 SMS 14135 b
1		makes a final determination regarding certification.
2		(C) Restore any previously suspended or revoked
3		Department designation upon notice to the Department
4		that the certifying body has confirmed or restored the
5		Comprehensive Stroke Center certification of that
6		previously designated hospital.
7		(D) Suspend the hospital's Comprehensive Stroke
8		Center designation at the request of a hospital seeking
9		to suspend its own Department designation.
10		(5) Comprehensive Stroke Center designation shall
11		remain valid at all times while the hospital maintains its
12		certification as a Comprehensive Stroke Center, in good
13		standing, with the certifying body. The duration of a
14		Comprehensive Stroke Center designation shall coincide
15		with the duration of its Comprehensive Stroke Center
16		certification. Each designated Comprehensive Stroke Center
17		shall have its designation automatically renewed upon the
18		Department's receipt of a copy of the certifying body's
19		certification renewal.
20		(6) A hospital that no longer meets
21		nationally-recognized, evidence-based standards for
22		Comprehensive Stroke Centers, or loses its Comprehensive
23		Stroke Center certification, shall notify the Department
24		and the Regional EMS Advisory Committee within 5 business
25		days.
26		(b) Beginning on the first day of the month that begins 12

HB0313 Engrossed - 223 - LRB100 04130 SMS 14135 b
1		months after the adoption of rules authorized by this
2		subsection, the Department shall attempt to designate
3		hospitals as Acute Stroke-Ready Hospitals in all areas of the
4		State. Designation may be approved by the Department after a
5		hospital has been certified as an Acute Stroke-Ready Hospital
6		or through application and designation by the Department. For
7		any hospital that is designated as an Emergent Stroke Ready
8		Hospital at the time that the Department begins the designation
9		of Acute Stroke-Ready Hospitals, the Emergent Stroke Ready
10		designation shall remain intact for the duration of the
11		12-month period until that designation expires. Until the
12		Department begins the designation of hospitals as Acute
13		Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke
14		Ready Hospital designation utilizing the processes and
15		criteria provided in Public Act 96-514.
16		(1) (Blank).
17		(2) Hospitals may apply for, and receive, Acute
18		Stroke-Ready Hospital designation from the Department,
19		provided that the hospital attests, on a form developed by
20		the Department in consultation with the State Stroke
21		Advisory Subcommittee, that it meets, and will continue to
22		meet, the criteria for Acute Stroke-Ready Hospital
23		designation and pays an annual fee.
24		A hospital designated as an Acute Stroke-Ready
25		Hospital shall pay an annual fee as determined by the
26		Department that shall be no less than $100 and no greater

HB0313 Engrossed - 224 - LRB100 04130 SMS 14135 b
1		than $500. All fees shall be deposited into the Stroke Data
2		Collection Fund.
3		(2.5) A hospital may apply for, and receive, Acute
4		Stroke-Ready Hospital designation from the Department,
5		provided that the hospital provides proof of current Acute
6		Stroke-Ready Hospital certification and the hospital pays
7		an annual fee.
8		(A) Acute Stroke-Ready Hospital designation shall
9		remain valid at all times while the hospital maintains
10		its certification as an Acute Stroke-Ready Hospital,
11		in good standing, with the certifying body.
12		(B) The duration of an Acute Stroke-Ready Hospital
13		designation shall coincide with the duration of its
14		Acute Stroke-Ready Hospital certification.
15		(C) Each designated Acute Stroke-Ready Hospital
16		shall have its designation automatically renewed upon
17		the Department's receipt of a copy of the certifying
18		body's certification renewal and Application for
19		Stroke Center Designation form.
20		(D) A hospital must submit a copy of its
21		certification renewal from the certifying body as soon
22		as practical but no later than 30 business days after
23		that certification is received by the hospital. Upon
24		the Department's receipt of the renewal certification,
25		the Department shall renew the hospital's Acute
26		Stroke-Ready Hospital designation.

HB0313 Engrossed - 225 - LRB100 04130 SMS 14135 b
1		(E) A hospital designated as an Acute Stroke-Ready
2		Hospital shall pay an annual fee as determined by the
3		Department that shall be no less than $100 and no
4		greater than $500. All fees shall be deposited into the
5		Stroke Data Collection Fund.
6		(3) Hospitals seeking Acute Stroke-Ready Hospital
7		designation that do not have certification shall develop
8		policies and procedures that are consistent with
9		nationally-recognized, evidence-based protocols for the
10		provision of emergent stroke care. Hospital policies
11		relating to emergent stroke care and stroke patient
12		outcomes shall be reviewed at least annually, or more often
13		as needed, by a hospital committee that oversees quality
14		improvement. Adjustments shall be made as necessary to
15		advance the quality of stroke care delivered. Criteria for
16		Acute Stroke-Ready Hospital designation of hospitals shall
17		be limited to the ability of a hospital to:
18		(A) create written acute care protocols related to
19		emergent stroke care;
20		(A-5) participate in the data collection system
21		provided in Section 3.118, if available;
22		(B) maintain a written transfer agreement with one
23		or more hospitals that have neurosurgical expertise;
24		(C) designate a Clinical Director of Stroke Care
25		who shall be a clinical member of the hospital staff
26		with training or experience, as defined by the

HB0313 Engrossed - 226 - LRB100 04130 SMS 14135 b
1		facility, in the care of patients with cerebrovascular
2		disease. This training or experience may include, but
3		is not limited to, completion of a fellowship or other
4		specialized training in the area of cerebrovascular
5		disease, attendance at national courses, or prior
6		experience in neuroscience intensive care units. The
7		Clinical Director of Stroke Care may be a neurologist,
8		neurosurgeon, emergency medicine physician, internist,
9		radiologist, advanced practice registered nurse, or
10		physician's assistant;
11		(C-5) provide rapid access to an acute stroke team,
12		as defined by the facility, that considers and reflects
13		nationally-recognized, evidenced-based protocols or
14		guidelines;
15		(D) administer thrombolytic therapy, or
16		subsequently developed medical therapies that meet
17		nationally-recognized, evidence-based stroke
18		guidelines;
19		(E) conduct brain image tests at all times;
20		(F) conduct blood coagulation studies at all
21		times;
22		(G) maintain a log of stroke patients, which shall
23		be available for review upon request by the Department
24		or any hospital that has a written transfer agreement
25		with the Acute Stroke-Ready Hospital;
26		(H) admit stroke patients to a unit that can

HB0313 Engrossed - 227 - LRB100 04130 SMS 14135 b
1		provide appropriate care that considers and reflects
2		nationally-recognized, evidence-based protocols or
3		guidelines or transfer stroke patients to an Acute
4		Stroke-Ready Hospital, Primary Stroke Center, or
5		Comprehensive Stroke Center, or another facility that
6		can provide the appropriate care that considers and
7		reflects nationally-recognized, evidence-based
8		protocols or guidelines; and
9		(I) demonstrate compliance with
10		nationally-recognized quality indicators.
11		(4) With respect to Acute Stroke-Ready Hospital
12		designation, the Department shall have the authority and
13		responsibility to do the following:
14		(A) Require hospitals applying for Acute
15		Stroke-Ready Hospital designation to attest, on a form
16		developed by the Department in consultation with the
17		State Stroke Advisory Subcommittee, that the hospital
18		meets, and will continue to meet, the criteria for an
19		Acute Stroke-Ready Hospital.
20		(A-5) Require hospitals applying for Acute
21		Stroke-Ready Hospital designation via national Acute
22		Stroke-Ready Hospital certification to provide proof
23		of current Acute Stroke-Ready Hospital certification,
24		in good standing.
25		The Department shall require a hospital that is
26		already certified as an Acute Stroke-Ready Hospital to

HB0313 Engrossed - 228 - LRB100 04130 SMS 14135 b
1		send a copy of the Certificate to the Department.
2		Within 30 business days of the Department's
3		receipt of a hospital's Acute Stroke-Ready Certificate
4		and Application for Stroke Center Designation form
5		that indicates that the hospital is a certified Acute
6		Stroke-Ready Hospital, in good standing, the hospital
7		shall be deemed a State-designated Acute Stroke-Ready
8		Hospital. The Department shall send a designation
9		notice to each hospital that it designates as an Acute
10		Stroke-Ready Hospital and shall add the names of
11		designated Acute Stroke-Ready Hospitals to the website
12		listing immediately upon designation. The Department
13		shall immediately remove the name of a hospital from
14		the website listing when a hospital loses its
15		designation after notice and, if requested by the
16		hospital, a hearing.
17		The Department shall develop an Application for
18		Stroke Center Designation form that contains a
19		statement that "The above named facility meets the
20		requirements for Acute Stroke-Ready Hospital
21		Designation as provided in Section 3.117 of the
22		Emergency Medical Services (EMS) Systems Act" and
23		shall instruct the applicant facility to provide: the
24		hospital name and address; the hospital CEO or
25		Administrator's typed name and signature; the hospital
26		Clinical Director of Stroke Care's typed name and

HB0313 Engrossed - 229 - LRB100 04130 SMS 14135 b
1		signature; and a contact person's typed name, email
2		address, and phone number.
3		The Application for Stroke Center Designation form
4		shall contain a statement that instructs the hospital
5		to "Provide proof of current Acute Stroke-Ready
6		Hospital certification from a nationally-recognized
7		certifying body approved by the Department".
8		(B) Designate a hospital as an Acute Stroke-Ready
9		Hospital no more than 30 business days after receipt of
10		an attestation that meets the requirements for
11		attestation, unless the Department, within 30 days of
12		receipt of the attestation, chooses to conduct an
13		onsite survey prior to designation. If the Department
14		chooses to conduct an onsite survey prior to
15		designation, then the onsite survey shall be conducted
16		within 90 days of receipt of the attestation.
17		(C) Require annual written attestation, on a form
18		developed by the Department in consultation with the
19		State Stroke Advisory Subcommittee, by Acute
20		Stroke-Ready Hospitals to indicate compliance with
21		Acute Stroke-Ready Hospital criteria, as described in
22		this Section, and automatically renew Acute
23		Stroke-Ready Hospital designation of the hospital.
24		(D) Issue an Emergency Suspension of Acute
25		Stroke-Ready Hospital designation when the Director,
26		or his or her designee, has determined that the

HB0313 Engrossed - 230 - LRB100 04130 SMS 14135 b
1		hospital no longer meets the Acute Stroke-Ready
2		Hospital criteria and an immediate and serious danger
3		to the public health, safety, and welfare exists. If
4		the Acute Stroke-Ready Hospital fails to eliminate the
5		violation immediately or within a fixed period of time,
6		not exceeding 10 days, as determined by the Director,
7		the Director may immediately revoke the Acute
8		Stroke-Ready Hospital designation. The Acute
9		Stroke-Ready Hospital may appeal the revocation within
10		15 business days after receiving the Director's
11		revocation order, by requesting an administrative
12		hearing.
13		(E) After notice and an opportunity for an
14		administrative hearing, suspend, revoke, or refuse to
15		renew an Acute Stroke-Ready Hospital designation, when
16		the Department finds the hospital is not in substantial
17		compliance with current Acute Stroke-Ready Hospital
18		criteria.
19		(c) The Department shall consult with the State Stroke
20		Advisory Subcommittee for developing the designation,
21		re-designation, and de-designation processes for Comprehensive
22		Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready
23		Hospitals.
24		(d) The Department shall consult with the State Stroke
25		Advisory Subcommittee as subject matter experts at least
26		annually regarding stroke standards of care.

HB0313 Engrossed - 231 - LRB100 04130 SMS 14135 b
1		(Source: P.A. 98-756, eff. 7-16-14; 98-1001, eff. 1-1-15.)
2		Section 125. The Home Health, Home Services, and Home
3		Nursing Agency Licensing Act is amended by changing Sections
4		2.05 and 2.11 as follows:
5		(210 ILCS 55/2.05) (from Ch. 111 1/2, par. 2802.05)
6		Sec. 2.05. "Home health services" means services provided
7		to a person at his residence according to a plan of treatment
8		for illness or infirmity prescribed by a physician licensed to
9		practice medicine in all its branches, a licensed physician
10		assistant, or a licensed advanced practice registered nurse.
11		Such services include part time and intermittent nursing
12		services and other therapeutic services such as physical
13		therapy, occupational therapy, speech therapy, medical social
14		services, or services provided by a home health aide.
15		(Source: P.A. 98-261, eff. 8-9-13; 99-173, eff. 7-29-15.)
16		(210 ILCS 55/2.11)
17		Sec. 2.11. "Home nursing agency" means an agency that
18		provides services directly, or acts as a placement agency, in
19		order to deliver skilled nursing and home health aide services
20		to persons in their personal residences. A home nursing agency
21		provides services that would require a licensed nurse to
22		perform. Home health aide services are provided under the
23		direction of a registered professional nurse or advanced

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1		practice registered Advanced Practice nurse. A home nursing
2		agency does not require licensure as a home health agency under
3		this Act. "Home nursing agency" does not include an
4		individually licensed nurse acting as a private contractor or a
5		person that provides or procures temporary employment in health
6		care facilities, as defined in the Nurse Agency Licensing Act.
7		(Source: P.A. 94-379, eff. 1-1-06; 95-951, eff. 8-29-08.)
8		Section 130. The End Stage Renal Disease Facility Act is
9		amended by changing Section 25 as follows:
10		(210 ILCS 62/25)
11		Sec. 25. Minimum staffing. An end stage renal disease
12		facility shall be under the medical direction of a physician
13		experienced in renal disease treatment, as required for
14		licensure under this Act. Additionally, at a minimum, every
15		facility licensed under this Act shall ensure that whenever
16		patients are undergoing dialysis all of the following are met:
17		(1) one currently licensed physician, registered
18		nurse, physician assistant, advanced practice registered
19		nurse, or licensed practical nurse experienced in
20		rendering end stage renal disease care is physically
21		present on the premises to oversee patient care; and
22		(2) adequate staff is present to meet the medical and
23		non-medical needs of each patient, as provided by this Act
24		and the rules adopted pursuant to this Act.

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1		(Source: P.A. 92-794, eff. 7-1-03.)
2		Section 135. The Hospital Licensing Act is amended by
3		changing Sections 6.14g, 6.23a, 6.25, 10, 10.7, 10.8, and 10.9
4		as follows:
5		(210 ILCS 85/6.14g)
6		Sec. 6.14g. Reports to the Department; opioid overdoses.
7		(a) As used in this Section:
8		"Overdose" has the same meaning as provided in Section 414
9		of the Illinois Controlled Substances Act.
10		"Health care professional" includes a physician licensed
11		to practice medicine in all its branches, a physician
12		assistant, or an advanced practice registered nurse licensed in
13		the State.
14		(b) When treatment is provided in a hospital's emergency
15		department, a health care professional who treats a drug
16		overdose or hospital administrator or designee shall report the
17		case to the Department of Public Health within 48 hours of
18		providing treatment for the drug overdose or at such time the
19		drug overdose is confirmed. The Department shall by rule create
20		a form for this purpose which requires the following
21		information, if known: (1) whether an opioid antagonist was
22		administered; (2) the cause of the overdose; and (3) the
23		demographic information of the person treated. The Department
24		shall create the form with input from the statewide association

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1		representing a majority of hospitals in Illinois. The person
2		completing the form may not disclose the name, address, or any
3		other personal information of the individual experiencing the
4		overdose.
5		(c) The identity of the person and entity reporting under
6		this subsection shall not be disclosed to the subject of the
7		report. For the purposes of this subsection, the health care
8		professional, hospital administrator, or designee making the
9		report and his or her employer shall not be held criminally,
10		civilly, or professionally liable for reporting under this
11		subsection, except for willful or wanton misconduct.
12		(d) The Department shall provide a semiannual report to the
13		General Assembly summarizing the reports received. The
14		Department shall also provide on its website a monthly report
15		of drug overdose figures. The figures shall be organized by the
16		overdose location, the age of the victim, the cause of the
17		overdose, and any other factors the Department deems
18		appropriate.
19		(Source: P.A. 99-480, eff. 9-9-15.)
20		(210 ILCS 85/6.23a)
21		Sec. 6.23a. Sepsis screening protocols.
22		(a) Each hospital shall adopt, implement, and periodically
23		update evidence-based protocols for the early recognition and
24		treatment of patients with sepsis, severe sepsis, or septic
25		shock (sepsis protocols) that are based on generally accepted

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1		standards of care. Sepsis protocols must include components
2		specific to the identification, care, and treatment of adults
3		and of children, and must clearly identify where and when
4		components will differ for adults and for children seeking
5		treatment in the emergency department or as an inpatient. These
6		protocols must also include the following components:
7		(1) a process for the screening and early recognition
8		of patients with sepsis, severe sepsis, or septic shock;
9		(2) a process to identify and document individuals
10		appropriate for treatment through sepsis protocols,
11		including explicit criteria defining those patients who
12		should be excluded from the protocols, such as patients
13		with certain clinical conditions or who have elected
14		palliative care;
15		(3) guidelines for hemodynamic support with explicit
16		physiologic and treatment goals, methodology for invasive
17		or non-invasive hemodynamic monitoring, and timeframe
18		goals;
19		(4) for infants and children, guidelines for fluid
20		resuscitation consistent with current, evidence-based
21		guidelines for severe sepsis and septic shock with defined
22		therapeutic goals for children;
23		(5) identification of the infectious source and
24		delivery of early broad spectrum antibiotics with timely
25		re-evaluation to adjust to narrow spectrum antibiotics
26		targeted to identified infectious sources; and

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1		(6) criteria for use, based on accepted evidence of
2		vasoactive agents.
3		(b) Each hospital shall ensure that professional staff with
4		direct patient care responsibilities and, as appropriate,
5		staff with indirect patient care responsibilities, including,
6		but not limited to, laboratory and pharmacy staff, are
7		periodically trained to implement the sepsis protocols
8		required under subsection (a). The hospital shall ensure
9		updated training of staff if the hospital initiates substantive
10		changes to the sepsis protocols.
11		(c) Each hospital shall be responsible for the collection
12		and utilization of quality measures related to the recognition
13		and treatment of severe sepsis for purposes of internal quality
14		improvement.
15		(d) The evidence-based protocols adopted under this
16		Section shall be provided to the Department upon the
17		Department's request.
18		(e) Hospitals submitting sepsis data as required by the
19		Centers for Medicare and Medicaid Services Hospital Inpatient
20		Quality Reporting program as of fiscal year 2016 are presumed
21		to meet the sepsis protocol requirements outlined in this
22		Section.
23		(f) Subject to appropriation, the Department shall:
24		(1) recommend evidence-based sepsis definitions and
25		metrics that incorporate evidence-based findings,
26		including appropriate antibiotic stewardship, and that

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1		align with the National Quality Forum, the Centers for
2		Medicare and Medicaid Services, the Agency for Healthcare
3		Research and Quality, and the Joint Commission;
4		(2) establish and use a methodology for collecting,
5		analyzing, and disclosing the information collected under
6		this Section, including collection methods, formatting,
7		and methods and means for aggregate data release and
8		dissemination;
9		(3) complete a digest of efforts and recommendations no
10		later than 12 months after the effective date of this
11		amendatory Act of the 99th General Assembly; the digest may
12		include Illinois-specific data, trends, conditions, or
13		other clinical factors; a summary shall be provided to the
14		Governor and General Assembly and shall be publicly
15		available on the Department's website; and
16		(4) consult and seek input and feedback prior to the
17		proposal, publication, or issuance of any guidance,
18		methodologies, metrics, rulemaking, or any other
19		information authorized under this Section from statewide
20		organizations representing hospitals, physicians, advanced
21		practice registered nurses, pharmacists, and long-term
22		care facilities. Public and private hospitals,
23		epidemiologists, infection prevention professionals,
24		health care informatics and health care data
25		professionals, and academic researchers may be consulted.
26		If the Department receives an appropriation and carries out

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1		the requirements of paragraphs (1), (2), (3), and (4), then the
2		Department may adopt rules concerning the collection of data
3		from hospitals regarding sepsis and requiring that each
4		hospital shall be responsible for reporting to the Department.
5		Any publicly released hospital-specific information under
6		this Section is subject to data provisions specified in Section
7		25 of the Hospital Report Card Act.
8		(Source: P.A. 99-828, eff. 8-18-16.)
9		(210 ILCS 85/6.25)
10		Sec. 6.25. Safe patient handling policy.
11		(a) In this Section:
12		"Health care worker" means an individual providing direct
13		patient care services who may be required to lift, transfer,
14		reposition, or move a patient.
15		"Nurse" means an advanced practice registered nurse, a
16		registered nurse, or a licensed practical nurse licensed under
17		the Nurse Practice Act.
18		"Safe lifting equipment and accessories" means mechanical
19		equipment designed to lift, move, reposition, and transfer
20		patients, including, but not limited to, fixed and portable
21		ceiling lifts, sit-to-stand lifts, slide sheets and boards,
22		slings, and repositioning and turning sheets.
23		"Safe lifting team" means at least 2 individuals who are
24		trained in the use of both safe lifting techniques and safe
25		lifting equipment and accessories, including the

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1		responsibility for knowing the location and condition of such
2		equipment and accessories.
3		(b) A hospital must adopt and ensure implementation of a
4		policy to identify, assess, and develop strategies to control
5		risk of injury to patients and nurses and other health care
6		workers associated with the lifting, transferring,
7		repositioning, or movement of a patient. The policy shall
8		establish a process that, at a minimum, includes all of the
9		following:
10		(1) Analysis of the risk of injury to patients and
11		nurses and other health care workers posted by the patient
12		handling needs of the patient populations served by the
13		hospital and the physical environment in which the patient
14		handling and movement occurs.
15		(2) Education and training of nurses and other direct
16		patient care providers in the identification, assessment,
17		and control of risks of injury to patients and nurses and
18		other health care workers during patient handling and on
19		safe lifting policies and techniques and current lifting
20		equipment.
21		(3) Evaluation of alternative ways to reduce risks
22		associated with patient handling, including evaluation of
23		equipment and the environment.
24		(4) Restriction, to the extent feasible with existing
25		equipment and aids, of manual patient handling or movement
26		of all or most of a patient's weight except for emergency,

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1		life-threatening, or otherwise exceptional circumstances.
2		(5) Collaboration with and an annual report to the
3		nurse staffing committee.
4		(6) Procedures for a nurse to refuse to perform or be
5		involved in patient handling or movement that the nurse in
6		good faith believes will expose a patient or nurse or other
7		health care worker to an unacceptable risk of injury.
8		(7) Submission of an annual report to the hospital's
9		governing body or quality assurance committee on
10		activities related to the identification, assessment, and
11		development of strategies to control risk of injury to
12		patients and nurses and other health care workers
13		associated with the lifting, transferring, repositioning,
14		or movement of a patient.
15		(8) In developing architectural plans for construction
16		or remodeling of a hospital or unit of a hospital in which
17		patient handling and movement occurs, consideration of the
18		feasibility of incorporating patient handling equipment or
19		the physical space and construction design needed to
20		incorporate that equipment.
21		(9) Fostering and maintaining patient safety, dignity,
22		self-determination, and choice, including the following
23		policies, strategies, and procedures:
24		(A) the existence and availability of a trained
25		safe lifting team;
26		(B) a policy of advising patients of a range of

HB0313 Engrossed - 241 - LRB100 04130 SMS 14135 b
1		transfer and lift options, including adjustable
2		diagnostic and treatment equipment, mechanical lifts,
3		and provision of a trained safe lifting team;
4		(C) the right of a competent patient, or guardian
5		of a patient adjudicated incompetent, to choose among
6		the range of transfer and lift options, subject to the
7		provisions of subparagraph (E) of this paragraph (9);
8		(D) procedures for documenting, upon admission and
9		as status changes, a mobility assessment and plan for
10		lifting, transferring, repositioning, or movement of a
11		patient, including the choice of the patient or
12		patient's guardian among the range of transfer and lift
13		options; and
14		(E) incorporation of such safe lifting procedures,
15		techniques, and equipment as are consistent with
16		applicable federal law.
17		(Source: P.A. 96-389, eff. 1-1-10; 96-1000, eff. 7-2-10;
18		97-122, eff. 1-1-12.)
19		(210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
20		Sec. 10. Board creation; Department rules.
21		(a) The Governor shall appoint a Hospital Licensing Board
22		composed of 14 persons, which shall advise and consult with the
23		Director in the administration of this Act. The Secretary of
24		Human Services (or his or her designee) shall serve on the
25		Board, along with one additional representative of the

HB0313 Engrossed - 242 - LRB100 04130 SMS 14135 b
1		Department of Human Services to be designated by the Secretary.
2		Four appointive members shall represent the general public and
3		2 of these shall be members of hospital governing boards; one
4		appointive member shall be a registered professional nurse or
5		advanced practice registered , nurse as defined in the Nurse
6		Practice Act, who is employed in a hospital; 3 appointive
7		members shall be hospital administrators actively engaged in
8		the supervision or administration of hospitals; 2 appointive
9		members shall be practicing physicians, licensed in Illinois to
10		practice medicine in all of its branches; and one appointive
11		member shall be a physician licensed to practice podiatric
12		medicine under the Podiatric Medical Practice Act of 1987; and
13		one appointive member shall be a dentist licensed to practice
14		dentistry under the Illinois Dental Practice Act. In making
15		Board appointments, the Governor shall give consideration to
16		recommendations made through the Director by professional
17		organizations concerned with hospital administration for the
18		hospital administrative and governing board appointments,
19		registered professional nurse organizations for the registered
20		professional nurse appointment, professional medical
21		organizations for the physician appointments, and professional
22		dental organizations for the dentist appointment.
23		(b) Each appointive member shall hold office for a term of
24		3 years, except that any member appointed to fill a vacancy
25		occurring prior to the expiration of the term for which his
26		predecessor was appointed shall be appointed for the remainder

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1		of such term and the terms of office of the members first
2		taking office shall expire, as designated at the time of
3		appointment, 2 at the end of the first year, 2 at the end of the
4		second year, and 3 at the end of the third year, after the date
5		of appointment. The initial terms of office of the 2 additional
6		members representing the general public provided for in this
7		Section shall expire at the end of the third year after the
8		date of appointment. The term of office of each original
9		appointee shall commence July 1, 1953; the term of office of
10		the original registered professional nurse appointee shall
11		commence July 1, 1969; the term of office of the original
12		licensed podiatric physician appointee shall commence July 1,
13		1981; the term of office of the original dentist appointee
14		shall commence July 1, 1987; and the term of office of each
15		successor shall commence on July 1 of the year in which his
16		predecessor's term expires. Board members, while serving on
17		business of the Board, shall receive actual and necessary
18		travel and subsistence expenses while so serving away from
19		their places of residence. The Board shall meet as frequently
20		as the Director deems necessary, but not less than once a year.
21		Upon request of 5 or more members, the Director shall call a
22		meeting of the Board.
23		(c) The Director shall prescribe rules, regulations,
24		standards, and statements of policy needed to implement,
25		interpret, or make specific the provisions and purposes of this
26		Act. The Department shall adopt rules which set forth standards

HB0313 Engrossed - 244 - LRB100 04130 SMS 14135 b
1		for determining when the public interest, safety or welfare
2		requires emergency action in relation to termination of a
3		research program or experimental procedure conducted by a
4		hospital licensed under this Act. No rule, regulation, or
5		standard shall be adopted by the Department concerning the
6		operation of hospitals licensed under this Act which has not
7		had prior approval of the Hospital Licensing Board, nor shall
8		the Department adopt any rule, regulation or standard relating
9		to the establishment of a hospital without consultation with
10		the Hospital Licensing Board.
11		(d) Within one year after August 7, 1984 (the effective
12		date of Public Act 83-1248) this amendatory Act of 1984, all
13		hospitals licensed under this Act and providing perinatal care
14		shall comply with standards of perinatal care promulgated by
15		the Department. The Director shall promulgate rules or
16		regulations under this Act which are consistent with the
17		Developmental Disability Prevention Act "An Act relating to the
18		prevention of developmental disabilities", approved September
19		6, 1973, as amended.
20		(Source: P.A. 98-214, eff. 8-9-13; revised 10-26-16.)
21		(210 ILCS 85/10.7)
22		Sec. 10.7. Clinical privileges; advanced practice
23		registered nurses. All hospitals licensed under this Act shall
24		comply with the following requirements:
25		(1) No hospital policy, rule, regulation, or practice

HB0313 Engrossed - 245 - LRB100 04130 SMS 14135 b
1		shall be inconsistent with the provision of adequate
2		collaboration and consultation in accordance with Section
3		54.5 of the Medical Practice Act of 1987.
4		(2) Operative surgical procedures shall be performed
5		only by a physician licensed to practice medicine in all
6		its branches under the Medical Practice Act of 1987, a
7		dentist licensed under the Illinois Dental Practice Act, or
8		a podiatric physician licensed under the Podiatric Medical
9		Practice Act of 1987, with medical staff membership and
10		surgical clinical privileges granted at the hospital. A
11		licensed physician, dentist, or podiatric physician may be
12		assisted by a physician licensed to practice medicine in
13		all its branches, dentist, dental assistant, podiatric
14		physician, licensed advanced practice registered nurse,
15		licensed physician assistant, licensed registered nurse,
16		licensed practical nurse, surgical assistant, surgical
17		technician, or other individuals granted clinical
18		privileges to assist in surgery at the hospital. Payment
19		for services rendered by an assistant in surgery who is not
20		a hospital employee shall be paid at the appropriate
21		non-physician modifier rate if the payor would have made
22		payment had the same services been provided by a physician.
23		(2.5) A registered nurse licensed under the Nurse
24		Practice Act and qualified by training and experience in
25		operating room nursing shall be present in the operating
26		room and function as the circulating nurse during all

HB0313 Engrossed - 246 - LRB100 04130 SMS 14135 b
1		invasive or operative procedures. For purposes of this
2		paragraph (2.5), "circulating nurse" means a registered
3		nurse who is responsible for coordinating all nursing care,
4		patient safety needs, and the needs of the surgical team in
5		the operating room during an invasive or operative
6		procedure.
7		(3) An advanced practice registered nurse is not
8		required to possess prescriptive authority or a written
9		collaborative agreement meeting the requirements of the
10		Nurse Practice Act to provide advanced practice registered
11		nursing services in a hospital. An advanced practice
12		registered nurse must possess clinical privileges
13		recommended by the medical staff and granted by the
14		hospital in order to provide services. Individual advanced
15		practice registered nurses may also be granted clinical
16		privileges to order, select, and administer medications,
17		including controlled substances, to provide delineated
18		care. The attending physician must determine the advanced
19		practice registered nurse's role in providing care for his
20		or her patients, except as otherwise provided in medical
21		staff bylaws. The medical staff shall periodically review
22		the services of advanced practice registered nurses
23		granted privileges. This review shall be conducted in
24		accordance with item (2) of subsection (a) of Section 10.8
25		of this Act for advanced practice registered nurses
26		employed by the hospital.

HB0313 Engrossed - 247 - LRB100 04130 SMS 14135 b
1		(4) The anesthesia service shall be under the direction
2		of a physician licensed to practice medicine in all its
3		branches who has had specialized preparation or experience
4		in the area or who has completed a residency in
5		anesthesiology. An anesthesiologist, Board certified or
6		Board eligible, is recommended. Anesthesia services may
7		only be administered pursuant to the order of a physician
8		licensed to practice medicine in all its branches, licensed
9		dentist, or licensed podiatric physician.
10		(A) The individuals who, with clinical privileges
11		granted at the hospital, may administer anesthesia
12		services are limited to the following:
13		(i) an anesthesiologist; or
14		(ii) a physician licensed to practice medicine
15		in all its branches; or
16		(iii) a dentist with authority to administer
17		anesthesia under Section 8.1 of the Illinois
18		Dental Practice Act; or
19		(iv) a licensed certified registered nurse
20		anesthetist; or
21		(v) a podiatric physician licensed under the
22		Podiatric Medical Practice Act of 1987.
23		(B) For anesthesia services, an anesthesiologist
24		shall participate through discussion of and agreement
25		with the anesthesia plan and shall remain physically
26		present and be available on the premises during the

HB0313 Engrossed - 248 - LRB100 04130 SMS 14135 b
1		delivery of anesthesia services for diagnosis,
2		consultation, and treatment of emergency medical
3		conditions. In the absence of 24-hour availability of
4		anesthesiologists with medical staff privileges, an
5		alternate policy (requiring participation, presence,
6		and availability of a physician licensed to practice
7		medicine in all its branches) shall be developed by the
8		medical staff and licensed hospital in consultation
9		with the anesthesia service.
10		(C) A certified registered nurse anesthetist is
11		not required to possess prescriptive authority or a
12		written collaborative agreement meeting the
13		requirements of Section 65-35 of the Nurse Practice Act
14		to provide anesthesia services ordered by a licensed
15		physician, dentist, or podiatric physician. Licensed
16		certified registered nurse anesthetists are authorized
17		to select, order, and administer drugs and apply the
18		appropriate medical devices in the provision of
19		anesthesia services under the anesthesia plan agreed
20		with by the anesthesiologist or, in the absence of an
21		available anesthesiologist with clinical privileges,
22		agreed with by the operating physician, operating
23		dentist, or operating podiatric physician in
24		accordance with the hospital's alternative policy.
25		(Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)

HB0313 Engrossed - 249 - LRB100 04130 SMS 14135 b
1		(210 ILCS 85/10.8)
2		Sec. 10.8. Requirements for employment of physicians.
3		(a) Physician employment by hospitals and hospital
4		affiliates. Employing entities may employ physicians to
5		practice medicine in all of its branches provided that the
6		following requirements are met:
7		(1) The employed physician is a member of the medical
8		staff of either the hospital or hospital affiliate. If a
9		hospital affiliate decides to have a medical staff, its
10		medical staff shall be organized in accordance with written
11		bylaws where the affiliate medical staff is responsible for
12		making recommendations to the governing body of the
13		affiliate regarding all quality assurance activities and
14		safeguarding professional autonomy. The affiliate medical
15		staff bylaws may not be unilaterally changed by the
16		governing body of the affiliate. Nothing in this Section
17		requires hospital affiliates to have a medical staff.
18		(2) Independent physicians, who are not employed by an
19		employing entity, periodically review the quality of the
20		medical services provided by the employed physician to
21		continuously improve patient care.
22		(3) The employing entity and the employed physician
23		sign a statement acknowledging that the employer shall not
24		unreasonably exercise control, direct, or interfere with
25		the employed physician's exercise and execution of his or
26		her professional judgment in a manner that adversely

HB0313 Engrossed - 250 - LRB100 04130 SMS 14135 b
1		affects the employed physician's ability to provide
2		quality care to patients. This signed statement shall take
3		the form of a provision in the physician's employment
4		contract or a separate signed document from the employing
5		entity to the employed physician. This statement shall
6		state: "As the employer of a physician, (employer's name)
7		shall not unreasonably exercise control, direct, or
8		interfere with the employed physician's exercise and
9		execution of his or her professional judgment in a manner
10		that adversely affects the employed physician's ability to
11		provide quality care to patients."
12		(4) The employing entity shall establish a mutually
13		agreed upon independent review process with criteria under
14		which an employed physician may seek review of the alleged
15		violation of this Section by physicians who are not
16		employed by the employing entity. The affiliate may arrange
17		with the hospital medical staff to conduct these reviews.
18		The independent physicians shall make findings and
19		recommendations to the employing entity and the employed
20		physician within 30 days of the conclusion of the gathering
21		of the relevant information.
22		(b) Definitions. For the purpose of this Section:
23		"Employing entity" means a hospital licensed under the
24		Hospital Licensing Act or a hospital affiliate.
25		"Employed physician" means a physician who receives an IRS
26		W-2 form, or any successor federal income tax form, from an

HB0313 Engrossed - 251 - LRB100 04130 SMS 14135 b
1		employing entity.
2		"Hospital" means a hospital licensed under the Hospital
3		Licensing Act, except county hospitals as defined in subsection
4		(c) of Section 15-1 of the Illinois Public Aid Code.
5		"Hospital affiliate" means a corporation, partnership,
6		joint venture, limited liability company, or similar
7		organization, other than a hospital, that is devoted primarily
8		to the provision, management, or support of health care
9		services and that directly or indirectly controls, is
10		controlled by, or is under common control of the hospital.
11		"Control" means having at least an equal or a majority
12		ownership or membership interest. A hospital affiliate shall be
13		100% owned or controlled by any combination of hospitals, their
14		parent corporations, or physicians licensed to practice
15		medicine in all its branches in Illinois. "Hospital affiliate"
16		does not include a health maintenance organization regulated
17		under the Health Maintenance Organization Act.
18		"Physician" means an individual licensed to practice
19		medicine in all its branches in Illinois.
20		"Professional judgment" means the exercise of a
21		physician's independent clinical judgment in providing
22		medically appropriate diagnoses, care, and treatment to a
23		particular patient at a particular time. Situations in which an
24		employing entity does not interfere with an employed
25		physician's professional judgment include, without limitation,
26		the following:

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1		(1) practice restrictions based upon peer review of the
2		physician's clinical practice to assess quality of care and
3		utilization of resources in accordance with applicable
4		bylaws;
5		(2) supervision of physicians by appropriately
6		licensed medical directors, medical school faculty,
7		department chairpersons or directors, or supervising
8		physicians;
9		(3) written statements of ethical or religious
10		directives; and
11		(4) reasonable referral restrictions that do not, in
12		the reasonable professional judgment of the physician,
13		adversely affect the health or welfare of the patient.
14		(c) Private enforcement. An employed physician aggrieved
15		by a violation of this Act may seek to obtain an injunction or
16		reinstatement of employment with the employing entity as the
17		court may deem appropriate. Nothing in this Section limits or
18		abrogates any common law cause of action. Nothing in this
19		Section shall be deemed to alter the law of negligence.
20		(d) Department enforcement. The Department may enforce the
21		provisions of this Section, but nothing in this Section shall
22		require or permit the Department to license, certify, or
23		otherwise investigate the activities of a hospital affiliate
24		not otherwise required to be licensed by the Department.
25		(e) Retaliation prohibited. No employing entity shall
26		retaliate against any employed physician for requesting a

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1		hearing or review under this Section. No action may be taken
2		that affects the ability of a physician to practice during this
3		review, except in circumstances where the medical staff bylaws
4		authorize summary suspension.
5		(f) Physician collaboration. No employing entity shall
6		adopt or enforce, either formally or informally, any policy,
7		rule, regulation, or practice inconsistent with the provision
8		of adequate collaboration, including medical direction of
9		licensed advanced practice registered nurses or supervision of
10		licensed physician assistants and delegation to other
11		personnel under Section 54.5 of the Medical Practice Act of
12		1987.
13		(g) Physician disciplinary actions. Nothing in this
14		Section shall be construed to limit or prohibit the governing
15		body of an employing entity or its medical staff, if any, from
16		taking disciplinary actions against a physician as permitted by
17		law.
18		(h) Physician review. Nothing in this Section shall be
19		construed to prohibit a hospital or hospital affiliate from
20		making a determination not to pay for a particular health care
21		service or to prohibit a medical group, independent practice
22		association, hospital medical staff, or hospital governing
23		body from enforcing reasonable peer review or utilization
24		review protocols or determining whether the employed physician
25		complied with those protocols.
26		(i) Review. Nothing in this Section may be used or

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1		construed to establish that any activity of a hospital or
2		hospital affiliate is subject to review under the Illinois
3		Health Facilities Planning Act.
4		(j) Rules. The Department shall adopt any rules necessary
5		to implement this Section.
6		(Source: P.A. 92-455, eff. 9-30-01; revised 10-26-16.)
7		(210 ILCS 85/10.9)
8		Sec. 10.9. Nurse mandated overtime prohibited.
9		(a) Definitions. As used in this Section:
10		"Mandated overtime" means work that is required by the
11		hospital in excess of an agreed-to, predetermined work shift.
12		Time spent by nurses required to be available as a condition of
13		employment in specialized units, such as surgical nursing
14		services, shall not be counted or considered in calculating the
15		amount of time worked for the purpose of applying the
16		prohibition against mandated overtime under subsection (b).
17		"Nurse" means any advanced practice registered nurse,
18		registered professional nurse, or licensed practical nurse, as
19		defined in the Nurse Practice Act, who receives an hourly wage
20		and has direct responsibility to oversee or carry out nursing
21		care. For the purposes of this Section, "advanced practice
22		registered nurse" does not include a certified registered nurse
23		anesthetist who is primarily engaged in performing the duties
24		of a nurse anesthetist.
25		"Unforeseen emergent circumstance" means (i) any declared

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1		national, State, or municipal disaster or other catastrophic
2		event, or any implementation of a hospital's disaster plan,
3		that will substantially affect or increase the need for health
4		care services or (ii) any circumstance in which patient care
5		needs require specialized nursing skills through the
6		completion of a procedure. An "unforeseen emergent
7		circumstance" does not include situations in which the hospital
8		fails to have enough nursing staff to meet the usual and
9		reasonably predictable nursing needs of its patients.
10		(b) Mandated overtime prohibited. No nurse may be required
11		to work mandated overtime except in the case of an unforeseen
12		emergent circumstance when such overtime is required only as a
13		last resort. Such mandated overtime shall not exceed 4 hours
14		beyond an agreed-to, predetermined work shift.
15		(c) Off-duty period. When a nurse is mandated to work up to
16		12 consecutive hours, the nurse must be allowed at least 8
17		consecutive hours of off-duty time immediately following the
18		completion of a shift.
19		(d) Retaliation prohibited. No hospital may discipline,
20		discharge, or take any other adverse employment action against
21		a nurse solely because the nurse refused to work mandated
22		overtime as prohibited under subsection (b).
23		(e) Violations. Any employee of a hospital that is subject
24		to this Act may file a complaint with the Department of Public
25		Health regarding an alleged violation of this Section. The
26		complaint must be filed within 45 days following the occurrence

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1		of the incident giving rise to the alleged violation. The
2		Department must forward notification of the alleged violation
3		to the hospital in question within 3 business days after the
4		complaint is filed. Upon receiving a complaint of a violation
5		of this Section, the Department may take any action authorized
6		under Section 7 or 9 of this Act.
7		(f) Proof of violation. Any violation of this Section must
8		be proved by clear and convincing evidence that a nurse was
9		required to work overtime against his or her will. The hospital
10		may defeat the claim of a violation by presenting clear and
11		convincing evidence that an unforeseen emergent circumstance,
12		which required overtime work, existed at the time the employee
13		was required or compelled to work.
14		(Source: P.A. 94-349, eff. 7-28-05; 95-639, eff. 10-5-07.)
15		Section 140. The Illinois Insurance Code is amended by
16		changing Section 356g.5 as follows:
17		(215 ILCS 5/356g.5)
18		Sec. 356g.5. Clinical breast exam.
19		(a) The General Assembly finds that clinical breast
20		examinations are a critical tool in the early detection of
21		breast cancer, while the disease is in its earlier and
22		potentially more treatable stages. Insurer reimbursement of
23		clinical breast examinations is essential to the effort to
24		reduce breast cancer deaths in Illinois.

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1		(b) Every insurer shall provide, in each group or
2		individual policy, contract, or certificate of accident or
3		health insurance issued or renewed for persons who are
4		residents of Illinois, coverage for complete and thorough
5		clinical breast examinations as indicated by guidelines of
6		practice, performed by a physician licensed to practice
7		medicine in all its branches, a licensed advanced practice
8		registered nurse, or a licensed physician assistant, to check
9		for lumps and other changes for the purpose of early detection
10		and prevention of breast cancer as follows:
11		(1) at least every 3 years for women at least 20 years
12		of age but less than 40 years of age; and
13		(2) annually for women 40 years of age or older.
14		(c) Upon approval of a nationally recognized separate and
15		distinct clinical breast exam code that is compliant with all
16		State and federal laws, rules, and regulations, public and
17		private insurance plans shall take action to cover clinical
18		breast exams on a separate and distinct basis.
19		(Source: P.A. 99-173, eff. 7-29-15.)
20		Section 145. The Illinois Dental Practice Act is amended by
21		changing Sections 4 and 8.1 as follows:
22		(225 ILCS 25/4) (from Ch. 111, par. 2304)
23		(Section scheduled to be repealed on January 1, 2026)
24		Sec. 4. Definitions. As used in this Act:

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1		"Address of record" means the designated address recorded
2		by the Department in the applicant's or licensee's application
3		file or license file as maintained by the Department's
4		licensure maintenance unit. It is the duty of the applicant or
5		licensee to inform the Department of any change of address and
6		those changes must be made either through the Department's
7		website or by contacting the Department.
8		"Department" means the Department of Financial and
9		Professional Regulation.
10		"Secretary" means the Secretary of Financial and
11		Professional Regulation.
12		"Board" means the Board of Dentistry.
13		"Dentist" means a person who has received a general license
14		pursuant to paragraph (a) of Section 11 of this Act and who may
15		perform any intraoral and extraoral procedure required in the
16		practice of dentistry and to whom is reserved the
17		responsibilities specified in Section 17.
18		"Dental hygienist" means a person who holds a license under
19		this Act to perform dental services as authorized by Section
20		18.
21		"Dental assistant" means an appropriately trained person
22		who, under the supervision of a dentist, provides dental
23		services as authorized by Section 17.
24		"Dental laboratory" means a person, firm or corporation
25		which:
26		(i) engages in making, providing, repairing or

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1		altering dental prosthetic appliances and other artificial
2		materials and devices which are returned to a dentist for
3		insertion into the human oral cavity or which come in
4		contact with its adjacent structures and tissues; and
5		(ii) utilizes or employs a dental technician to provide
6		such services; and
7		(iii) performs such functions only for a dentist or
8		dentists.
9		"Supervision" means supervision of a dental hygienist or a
10		dental assistant requiring that a dentist authorize the
11		procedure, remain in the dental facility while the procedure is
12		performed, and approve the work performed by the dental
13		hygienist or dental assistant before dismissal of the patient,
14		but does not mean that the dentist must be present at all times
15		in the treatment room.
16		"General supervision" means supervision of a dental
17		hygienist requiring that the patient be a patient of record,
18		that the dentist examine the patient in accordance with Section
19		18 prior to treatment by the dental hygienist, and that the
20		dentist authorize the procedures which are being carried out by
21		a notation in the patient's record, but not requiring that a
22		dentist be present when the authorized procedures are being
23		performed. The issuance of a prescription to a dental
24		laboratory by a dentist does not constitute general
25		supervision.
26		"Public member" means a person who is not a health

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1		professional. For purposes of board membership, any person with
2		a significant financial interest in a health service or
3		profession is not a public member.
4		"Dentistry" means the healing art which is concerned with
5		the examination, diagnosis, treatment planning and care of
6		conditions within the human oral cavity and its adjacent
7		tissues and structures, as further specified in Section 17.
8		"Branches of dentistry" means the various specialties of
9		dentistry which, for purposes of this Act, shall be limited to
10		the following: endodontics, oral and maxillofacial surgery,
11		orthodontics and dentofacial orthopedics, pediatric dentistry,
12		periodontics, prosthodontics, and oral and maxillofacial
13		radiology.
14		"Specialist" means a dentist who has received a specialty
15		license pursuant to Section 11(b).
16		"Dental technician" means a person who owns, operates or is
17		employed by a dental laboratory and engages in making,
18		providing, repairing or altering dental prosthetic appliances
19		and other artificial materials and devices which are returned
20		to a dentist for insertion into the human oral cavity or which
21		come in contact with its adjacent structures and tissues.
22		"Impaired dentist" or "impaired dental hygienist" means a
23		dentist or dental hygienist who is unable to practice with
24		reasonable skill and safety because of a physical or mental
25		disability as evidenced by a written determination or written
26		consent based on clinical evidence, including deterioration

HB0313 Engrossed - 261 - LRB100 04130 SMS 14135 b
1		through the aging process, loss of motor skills, abuse of drugs
2		or alcohol, or a psychiatric disorder, of sufficient degree to
3		diminish the person's ability to deliver competent patient
4		care.
5		"Nurse" means a registered professional nurse, a certified
6		registered nurse anesthetist licensed as an advanced practice
7		registered nurse, or a licensed practical nurse licensed under
8		the Nurse Practice Act.
9		"Patient of record" means a patient for whom the patient's
10		most recent dentist has obtained a relevant medical and dental
11		history and on whom the dentist has performed an examination
12		and evaluated the condition to be treated.
13		"Dental responder" means a dentist or dental hygienist who
14		is appropriately certified in disaster preparedness,
15		immunizations, and dental humanitarian medical response
16		consistent with the Society of Disaster Medicine and Public
17		Health and training certified by the National Incident
18		Management System or the National Disaster Life Support
19		Foundation.
20		"Mobile dental van or portable dental unit" means any
21		self-contained or portable dental unit in which dentistry is
22		practiced that can be moved, towed, or transported from one
23		location to another in order to establish a location where
24		dental services can be provided.
25		"Public health dental hygienist" means a hygienist who
26		holds a valid license to practice in the State, has 2 years of

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1		full-time clinical experience or an equivalent of 4,000 hours
2		of clinical experience and has completed at least 42 clock
3		hours of additional structured courses in dental education
4		approved by rule by the Department in advanced areas specific
5		to public health dentistry, including, but not limited to,
6		emergency procedures for medically compromised patients,
7		pharmacology, medical recordkeeping procedures, geriatric
8		dentistry, pediatric dentistry, pathology, and other areas of
9		study as determined by the Department, and works in a public
10		health setting pursuant to a written public health supervision
11		agreement as defined by rule by the Department with a dentist
12		working in or contracted with a local or State government
13		agency or institution or who is providing services as part of a
14		certified school-based program or school-based oral health
15		program.
16		"Public health setting" means a federally qualified health
17		center; a federal, State, or local public health facility; Head
18		Start; a special supplemental nutrition program for Women,
19		Infants, and Children (WIC) facility; or a certified
20		school-based health center or school-based oral health
21		program.
22		"Public health supervision" means the supervision of a
23		public health dental hygienist by a licensed dentist who has a
24		written public health supervision agreement with that public
25		health dental hygienist while working in an approved facility
26		or program that allows the public health dental hygienist to

HB0313 Engrossed - 263 - LRB100 04130 SMS 14135 b
1		treat patients, without a dentist first examining the patient
2		and being present in the facility during treatment, (1) who are
3		eligible for Medicaid or (2) who are uninsured and whose
4		household income is not greater than 200% of the federal
5		poverty level.
6		(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15;
7		99-680, eff. 1-1-17.)
8		(225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
9		(Section scheduled to be repealed on January 1, 2026)
10		Sec. 8.1. Permit for the administration of anesthesia and
11		sedation.
12		(a) No licensed dentist shall administer general
13		anesthesia, deep sedation, or conscious sedation without first
14		applying for and obtaining a permit for such purpose from the
15		Department. The Department shall issue such permit only after
16		ascertaining that the applicant possesses the minimum
17		qualifications necessary to protect public safety. A person
18		with a dental degree who administers anesthesia, deep sedation,
19		or conscious sedation in an approved hospital training program
20		under the supervision of either a licensed dentist holding such
21		permit or a physician licensed to practice medicine in all its
22		branches shall not be required to obtain such permit.
23		(b) In determining the minimum permit qualifications that
24		are necessary to protect public safety, the Department, by
25		rule, shall:

HB0313 Engrossed - 264 - LRB100 04130 SMS 14135 b
1		(1) establish the minimum educational and training
2		requirements necessary for a dentist to be issued an
3		appropriate permit;
4		(2) establish the standards for properly equipped
5		dental facilities (other than licensed hospitals and
6		ambulatory surgical treatment centers) in which general
7		anesthesia, deep sedation, or conscious sedation is
8		administered, as necessary to protect public safety;
9		(3) establish minimum requirements for all persons who
10		assist the dentist in the administration of general
11		anesthesia, deep sedation, or conscious sedation,
12		including minimum training requirements for each member of
13		the dental team, monitoring requirements, recordkeeping
14		requirements, and emergency procedures; and
15		(4) ensure that the dentist and all persons assisting
16		the dentist or monitoring the administration of general
17		anesthesia, deep sedation, or conscious sedation maintain
18		current certification in Basic Life Support (BLS); and .
19		(5) establish continuing education requirements in
20		sedation techniques for dentists who possess a permit under
21		this Section.
22		When establishing requirements under this Section, the
23		Department shall consider the current American Dental
24		Association guidelines on sedation and general anesthesia, the
25		current "Guidelines for Monitoring and Management of Pediatric
26		Patients During and After Sedation for Diagnostic and

HB0313 Engrossed - 265 - LRB100 04130 SMS 14135 b
1		Therapeutic Procedures" established by the American Academy of
2		Pediatrics and the American Academy of Pediatric Dentistry, and
3		the current parameters of care and Office Anesthesia Evaluation
4		(OAE) Manual established by the American Association of Oral
5		and Maxillofacial Surgeons.
6		(c) A licensed dentist must hold an appropriate permit
7		issued under this Section in order to perform dentistry while a
8		nurse anesthetist administers conscious sedation, and a valid
9		written collaborative agreement must exist between the dentist
10		and the nurse anesthetist, in accordance with the Nurse
11		Practice Act.
12		A licensed dentist must hold an appropriate permit issued
13		under this Section in order to perform dentistry while a nurse
14		anesthetist administers deep sedation or general anesthesia,
15		and a valid written collaborative agreement must exist between
16		the dentist and the nurse anesthetist, in accordance with the
17		Nurse Practice Act.
18		For the purposes of this subsection (c), "nurse
19		anesthetist" means a licensed certified registered nurse
20		anesthetist who holds a license as an advanced practice
21		registered nurse.
22		(Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328,
23		eff. 8-11-09; revised 10-27-16.)
24		Section 150. The Health Care Worker Self-Referral Act is
25		amended by changing Section 15 as follows:

HB0313 Engrossed - 266 - LRB100 04130 SMS 14135 b
1		(225 ILCS 47/15)
2		Sec. 15. Definitions. In this Act:
3		(a) "Board" means the Health Facilities and Services Review
4		Board.
5		(b) "Entity" means any individual, partnership, firm,
6		corporation, or other business that provides health services
7		but does not include an individual who is a health care worker
8		who provides professional services to an individual.
9		(c) "Group practice" means a group of 2 or more health care
10		workers legally organized as a partnership, professional
11		corporation, not-for-profit corporation, faculty practice plan
12		or a similar association in which:
13		(1) each health care worker who is a member or employee
14		or an independent contractor of the group provides
15		substantially the full range of services that the health
16		care worker routinely provides, including consultation,
17		diagnosis, or treatment, through the use of office space,
18		facilities, equipment, or personnel of the group;
19		(2) the services of the health care workers are
20		provided through the group, and payments received for
21		health services are treated as receipts of the group; and
22		(3) the overhead expenses and the income from the
23		practice are distributed by methods previously determined
24		by the group.
25		(d) "Health care worker" means any individual licensed

HB0313 Engrossed - 267 - LRB100 04130 SMS 14135 b
1		under the laws of this State to provide health services,
2		including but not limited to: dentists licensed under the
3		Illinois Dental Practice Act; dental hygienists licensed under
4		the Illinois Dental Practice Act; nurses and advanced practice
5		registered nurses licensed under the Nurse Practice Act;
6		occupational therapists licensed under the Illinois
7		Occupational Therapy Practice Act; optometrists licensed under
8		the Illinois Optometric Practice Act of 1987; pharmacists
9		licensed under the Pharmacy Practice Act; physical therapists
10		licensed under the Illinois Physical Therapy Act; physicians
11		licensed under the Medical Practice Act of 1987; physician
12		assistants licensed under the Physician Assistant Practice Act
13		of 1987; podiatric physicians licensed under the Podiatric
14		Medical Practice Act of 1987; clinical psychologists licensed
15		under the Clinical Psychologist Licensing Act; clinical social
16		workers licensed under the Clinical Social Work and Social Work
17		Practice Act; speech-language pathologists and audiologists
18		licensed under the Illinois Speech-Language Pathology and
19		Audiology Practice Act; or hearing instrument dispensers
20		licensed under the Hearing Instrument Consumer Protection Act,
21		or any of their successor Acts.
22		(e) "Health services" means health care procedures and
23		services provided by or through a health care worker.
24		(f) "Immediate family member" means a health care worker's
25		spouse, child, child's spouse, or a parent.
26		(g) "Investment interest" means an equity or debt security

HB0313 Engrossed - 268 - LRB100 04130 SMS 14135 b
1		issued by an entity, including, without limitation, shares of
2		stock in a corporation, units or other interests in a
3		partnership, bonds, debentures, notes, or other equity
4		interests or debt instruments except that investment interest
5		for purposes of Section 20 does not include interest in a
6		hospital licensed under the laws of the State of Illinois.
7		(h) "Investor" means an individual or entity directly or
8		indirectly owning a legal or beneficial ownership or investment
9		interest, (such as through an immediate family member, trust,
10		or another entity related to the investor).
11		(i) "Office practice" includes the facility or facilities
12		at which a health care worker, on an ongoing basis, provides or
13		supervises the provision of professional health services to
14		individuals.
15		(j) "Referral" means any referral of a patient for health
16		services, including, without limitation:
17		(1) The forwarding of a patient by one health care
18		worker to another health care worker or to an entity
19		outside the health care worker's office practice or group
20		practice that provides health services.
21		(2) The request or establishment by a health care
22		worker of a plan of care outside the health care worker's
23		office practice or group practice that includes the
24		provision of any health services.
25		(Source: P.A. 98-214, eff. 8-9-13.)

HB0313 Engrossed - 269 - LRB100 04130 SMS 14135 b
1		Section 155. The Medical Practice Act of 1987 is amended by
2		changing Sections 8.1, 22, 54.2, and 54.5 as follows:
3		(225 ILCS 60/8.1)
4		(Section scheduled to be repealed on December 31, 2017)
5		Sec. 8.1. Matters concerning advanced practice registered
6		nurses. Any proposed rules, amendments, second notice
7		materials and adopted rule or amendment materials, and policy
8		statements concerning advanced practice registered nurses
9		shall be presented to the Licensing Board for review and
10		comment. The recommendations of both the Board of Nursing and
11		the Licensing Board shall be presented to the Secretary for
12		consideration in making final decisions. Whenever the Board of
13		Nursing and the Licensing Board disagree on a proposed rule or
14		policy, the Secretary shall convene a joint meeting of the
15		officers of each Board to discuss the resolution of any such
16		disagreements.
17		(Source: P.A. 97-622, eff. 11-23-11.)
18		(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
19		(Section scheduled to be repealed on December 31, 2017)
20		Sec. 22. Disciplinary action.
21		(A) The Department may revoke, suspend, place on probation,
22		reprimand, refuse to issue or renew, or take any other
23		disciplinary or non-disciplinary action as the Department may
24		deem proper with regard to the license or permit of any person

HB0313 Engrossed - 270 - LRB100 04130 SMS 14135 b
1		issued under this Act, including imposing fines not to exceed
2		$10,000 for each violation, upon any of the following grounds:
3		(1) Performance of an elective abortion in any place,
4		locale, facility, or institution other than:
5		(a) a facility licensed pursuant to the Ambulatory
6		Surgical Treatment Center Act;
7		(b) an institution licensed under the Hospital
8		Licensing Act;
9		(c) an ambulatory surgical treatment center or
10		hospitalization or care facility maintained by the
11		State or any agency thereof, where such department or
12		agency has authority under law to establish and enforce
13		standards for the ambulatory surgical treatment
14		centers, hospitalization, or care facilities under its
15		management and control;
16		(d) ambulatory surgical treatment centers,
17		hospitalization or care facilities maintained by the
18		Federal Government; or
19		(e) ambulatory surgical treatment centers,
20		hospitalization or care facilities maintained by any
21		university or college established under the laws of
22		this State and supported principally by public funds
23		raised by taxation.
24		(2) Performance of an abortion procedure in a wilful
25		and wanton manner on a woman who was not pregnant at the
26		time the abortion procedure was performed.

HB0313 Engrossed - 271 - LRB100 04130 SMS 14135 b
1		(3) A plea of guilty or nolo contendere, finding of
2		guilt, jury verdict, or entry of judgment or sentencing,
3		including, but not limited to, convictions, preceding
4		sentences of supervision, conditional discharge, or first
5		offender probation, under the laws of any jurisdiction of
6		the United States of any crime that is a felony.
7		(4) Gross negligence in practice under this Act.
8		(5) Engaging in dishonorable, unethical or
9		unprofessional conduct of a character likely to deceive,
10		defraud or harm the public.
11		(6) Obtaining any fee by fraud, deceit, or
12		misrepresentation.
13		(7) Habitual or excessive use or abuse of drugs defined
14		in law as controlled substances, of alcohol, or of any
15		other substances which results in the inability to practice
16		with reasonable judgment, skill or safety.
17		(8) Practicing under a false or, except as provided by
18		law, an assumed name.
19		(9) Fraud or misrepresentation in applying for, or
20		procuring, a license under this Act or in connection with
21		applying for renewal of a license under this Act.
22		(10) Making a false or misleading statement regarding
23		their skill or the efficacy or value of the medicine,
24		treatment, or remedy prescribed by them at their direction
25		in the treatment of any disease or other condition of the
26		body or mind.

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1		(11) Allowing another person or organization to use
2		their license, procured under this Act, to practice.
3		(12) Adverse action taken by another state or
4		jurisdiction against a license or other authorization to
5		practice as a medical doctor, doctor of osteopathy, doctor
6		of osteopathic medicine or doctor of chiropractic, a
7		certified copy of the record of the action taken by the
8		other state or jurisdiction being prima facie evidence
9		thereof. This includes any adverse action taken by a State
10		or federal agency that prohibits a medical doctor, doctor
11		of osteopathy, doctor of osteopathic medicine, or doctor of
12		chiropractic from providing services to the agency's
13		participants.
14		(13) Violation of any provision of this Act or of the
15		Medical Practice Act prior to the repeal of that Act, or
16		violation of the rules, or a final administrative action of
17		the Secretary, after consideration of the recommendation
18		of the Disciplinary Board.
19		(14) Violation of the prohibition against fee
20		splitting in Section 22.2 of this Act.
21		(15) A finding by the Disciplinary Board that the
22		registrant after having his or her license placed on
23		probationary status or subjected to conditions or
24		restrictions violated the terms of the probation or failed
25		to comply with such terms or conditions.
26		(16) Abandonment of a patient.

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1		(17) Prescribing, selling, administering,
2		distributing, giving or self-administering any drug
3		classified as a controlled substance (designated product)
4		or narcotic for other than medically accepted therapeutic
5		purposes.
6		(18) Promotion of the sale of drugs, devices,
7		appliances or goods provided for a patient in such manner
8		as to exploit the patient for financial gain of the
9		physician.
10		(19) Offering, undertaking or agreeing to cure or treat
11		disease by a secret method, procedure, treatment or
12		medicine, or the treating, operating or prescribing for any
13		human condition by a method, means or procedure which the
14		licensee refuses to divulge upon demand of the Department.
15		(20) Immoral conduct in the commission of any act
16		including, but not limited to, commission of an act of
17		sexual misconduct related to the licensee's practice.
18		(21) Wilfully making or filing false records or reports
19		in his or her practice as a physician, including, but not
20		limited to, false records to support claims against the
21		medical assistance program of the Department of Healthcare
22		and Family Services (formerly Department of Public Aid)
23		under the Illinois Public Aid Code.
24		(22) Wilful omission to file or record, or wilfully
25		impeding the filing or recording, or inducing another
26		person to omit to file or record, medical reports as

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1		required by law, or wilfully failing to report an instance
2		of suspected abuse or neglect as required by law.
3		(23) Being named as a perpetrator in an indicated
4		report by the Department of Children and Family Services
5		under the Abused and Neglected Child Reporting Act, and
6		upon proof by clear and convincing evidence that the
7		licensee has caused a child to be an abused child or
8		neglected child as defined in the Abused and Neglected
9		Child Reporting Act.
10		(24) Solicitation of professional patronage by any
11		corporation, agents or persons, or profiting from those
12		representing themselves to be agents of the licensee.
13		(25) Gross and wilful and continued overcharging for
14		professional services, including filing false statements
15		for collection of fees for which services are not rendered,
16		including, but not limited to, filing such false statements
17		for collection of monies for services not rendered from the
18		medical assistance program of the Department of Healthcare
19		and Family Services (formerly Department of Public Aid)
20		under the Illinois Public Aid Code.
21		(26) A pattern of practice or other behavior which
22		demonstrates incapacity or incompetence to practice under
23		this Act.
24		(27) Mental illness or disability which results in the
25		inability to practice under this Act with reasonable
26		judgment, skill or safety.

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1		(28) Physical illness, including, but not limited to,
2		deterioration through the aging process, or loss of motor
3		skill which results in a physician's inability to practice
4		under this Act with reasonable judgment, skill or safety.
5		(29) Cheating on or attempt to subvert the licensing
6		examinations administered under this Act.
7		(30) Wilfully or negligently violating the
8		confidentiality between physician and patient except as
9		required by law.
10		(31) The use of any false, fraudulent, or deceptive
11		statement in any document connected with practice under
12		this Act.
13		(32) Aiding and abetting an individual not licensed
14		under this Act in the practice of a profession licensed
15		under this Act.
16		(33) Violating state or federal laws or regulations
17		relating to controlled substances, legend drugs, or
18		ephedra as defined in the Ephedra Prohibition Act.
19		(34) Failure to report to the Department any adverse
20		final action taken against them by another licensing
21		jurisdiction (any other state or any territory of the
22		United States or any foreign state or country), by any peer
23		review body, by any health care institution, by any
24		professional society or association related to practice
25		under this Act, by any governmental agency, by any law
26		enforcement agency, or by any court for acts or conduct

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1		similar to acts or conduct which would constitute grounds
2		for action as defined in this Section.
3		(35) Failure to report to the Department surrender of a
4		license or authorization to practice as a medical doctor, a
5		doctor of osteopathy, a doctor of osteopathic medicine, or
6		doctor of chiropractic in another state or jurisdiction, or
7		surrender of membership on any medical staff or in any
8		medical or professional association or society, while
9		under disciplinary investigation by any of those
10		authorities or bodies, for acts or conduct similar to acts
11		or conduct which would constitute grounds for action as
12		defined in this Section.
13		(36) Failure to report to the Department any adverse
14		judgment, settlement, or award arising from a liability
15		claim related to acts or conduct similar to acts or conduct
16		which would constitute grounds for action as defined in
17		this Section.
18		(37) Failure to provide copies of medical records as
19		required by law.
20		(38) Failure to furnish the Department, its
21		investigators or representatives, relevant information,
22		legally requested by the Department after consultation
23		with the Chief Medical Coordinator or the Deputy Medical
24		Coordinator.
25		(39) Violating the Health Care Worker Self-Referral
26		Act.

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1		(40) Willful failure to provide notice when notice is
2		required under the Parental Notice of Abortion Act of 1995.
3		(41) Failure to establish and maintain records of
4		patient care and treatment as required by this law.
5		(42) Entering into an excessive number of written
6		collaborative agreements with licensed advanced practice
7		registered nurses resulting in an inability to adequately
8		collaborate.
9		(43) Repeated failure to adequately collaborate with a
10		licensed advanced practice registered nurse.
11		(44) Violating the Compassionate Use of Medical
12		Cannabis Pilot Program Act.
13		(45) Entering into an excessive number of written
14		collaborative agreements with licensed prescribing
15		psychologists resulting in an inability to adequately
16		collaborate.
17		(46) Repeated failure to adequately collaborate with a
18		licensed prescribing psychologist.
19		Except for actions involving the ground numbered (26), all
20		proceedings to suspend, revoke, place on probationary status,
21		or take any other disciplinary action as the Department may
22		deem proper, with regard to a license on any of the foregoing
23		grounds, must be commenced within 5 years next after receipt by
24		the Department of a complaint alleging the commission of or
25		notice of the conviction order for any of the acts described
26		herein. Except for the grounds numbered (8), (9), (26), and

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1		(29), no action shall be commenced more than 10 years after the
2		date of the incident or act alleged to have violated this
3		Section. For actions involving the ground numbered (26), a
4		pattern of practice or other behavior includes all incidents
5		alleged to be part of the pattern of practice or other behavior
6		that occurred, or a report pursuant to Section 23 of this Act
7		received, within the 10-year period preceding the filing of the
8		complaint. In the event of the settlement of any claim or cause
9		of action in favor of the claimant or the reduction to final
10		judgment of any civil action in favor of the plaintiff, such
11		claim, cause of action or civil action being grounded on the
12		allegation that a person licensed under this Act was negligent
13		in providing care, the Department shall have an additional
14		period of 2 years from the date of notification to the
15		Department under Section 23 of this Act of such settlement or
16		final judgment in which to investigate and commence formal
17		disciplinary proceedings under Section 36 of this Act, except
18		as otherwise provided by law. The time during which the holder
19		of the license was outside the State of Illinois shall not be
20		included within any period of time limiting the commencement of
21		disciplinary action by the Department.
22		The entry of an order or judgment by any circuit court
23		establishing that any person holding a license under this Act
24		is a person in need of mental treatment operates as a
25		suspension of that license. That person may resume their
26		practice only upon the entry of a Departmental order based upon

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1		a finding by the Disciplinary Board that they have been
2		determined to be recovered from mental illness by the court and
3		upon the Disciplinary Board's recommendation that they be
4		permitted to resume their practice.
5		The Department may refuse to issue or take disciplinary
6		action concerning the license of any person who fails to file a
7		return, or to pay the tax, penalty or interest shown in a filed
8		return, or to pay any final assessment of tax, penalty or
9		interest, as required by any tax Act administered by the
10		Illinois Department of Revenue, until such time as the
11		requirements of any such tax Act are satisfied as determined by
12		the Illinois Department of Revenue.
13		The Department, upon the recommendation of the
14		Disciplinary Board, shall adopt rules which set forth standards
15		to be used in determining:
16		(a) when a person will be deemed sufficiently
17		rehabilitated to warrant the public trust;
18		(b) what constitutes dishonorable, unethical or
19		unprofessional conduct of a character likely to deceive,
20		defraud, or harm the public;
21		(c) what constitutes immoral conduct in the commission
22		of any act, including, but not limited to, commission of an
23		act of sexual misconduct related to the licensee's
24		practice; and
25		(d) what constitutes gross negligence in the practice
26		of medicine.

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1		However, no such rule shall be admissible into evidence in
2		any civil action except for review of a licensing or other
3		disciplinary action under this Act.
4		In enforcing this Section, the Disciplinary Board or the
5		Licensing Board, upon a showing of a possible violation, may
6		compel, in the case of the Disciplinary Board, any individual
7		who is licensed to practice under this Act or holds a permit to
8		practice under this Act, or, in the case of the Licensing
9		Board, any individual who has applied for licensure or a permit
10		pursuant to this Act, to submit to a mental or physical
11		examination and evaluation, or both, which may include a
12		substance abuse or sexual offender evaluation, as required by
13		the Licensing Board or Disciplinary Board and at the expense of
14		the Department. The Disciplinary Board or Licensing Board shall
15		specifically designate the examining physician licensed to
16		practice medicine in all of its branches or, if applicable, the
17		multidisciplinary team involved in providing the mental or
18		physical examination and evaluation, or both. The
19		multidisciplinary team shall be led by a physician licensed to
20		practice medicine in all of its branches and may consist of one
21		or more or a combination of physicians licensed to practice
22		medicine in all of its branches, licensed chiropractic
23		physicians, licensed clinical psychologists, licensed clinical
24		social workers, licensed clinical professional counselors, and
25		other professional and administrative staff. Any examining
26		physician or member of the multidisciplinary team may require

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1		any person ordered to submit to an examination and evaluation
2		pursuant to this Section to submit to any additional
3		supplemental testing deemed necessary to complete any
4		examination or evaluation process, including, but not limited
5		to, blood testing, urinalysis, psychological testing, or
6		neuropsychological testing. The Disciplinary Board, the
7		Licensing Board, or the Department may order the examining
8		physician or any member of the multidisciplinary team to
9		provide to the Department, the Disciplinary Board, or the
10		Licensing Board any and all records, including business
11		records, that relate to the examination and evaluation,
12		including any supplemental testing performed. The Disciplinary
13		Board, the Licensing Board, or the Department may order the
14		examining physician or any member of the multidisciplinary team
15		to present testimony concerning this examination and
16		evaluation of the licensee, permit holder, or applicant,
17		including testimony concerning any supplemental testing or
18		documents relating to the examination and evaluation. No
19		information, report, record, or other documents in any way
20		related to the examination and evaluation shall be excluded by
21		reason of any common law or statutory privilege relating to
22		communication between the licensee, permit holder, or
23		applicant and the examining physician or any member of the
24		multidisciplinary team. No authorization is necessary from the
25		licensee, permit holder, or applicant ordered to undergo an
26		evaluation and examination for the examining physician or any

HB0313 Engrossed - 282 - LRB100 04130 SMS 14135 b
1		member of the multidisciplinary team to provide information,
2		reports, records, or other documents or to provide any
3		testimony regarding the examination and evaluation. The
4		individual to be examined may have, at his or her own expense,
5		another physician of his or her choice present during all
6		aspects of the examination. Failure of any individual to submit
7		to mental or physical examination and evaluation, or both, when
8		directed, shall result in an automatic suspension, without
9		hearing, until such time as the individual submits to the
10		examination. If the Disciplinary Board or Licensing Board finds
11		a physician unable to practice following an examination and
12		evaluation because of the reasons set forth in this Section,
13		the Disciplinary Board or Licensing Board shall require such
14		physician to submit to care, counseling, or treatment by
15		physicians, or other health care professionals, approved or
16		designated by the Disciplinary Board, as a condition for
17		issued, continued, reinstated, or renewed licensure to
18		practice. Any physician, whose license was granted pursuant to
19		Sections 9, 17, or 19 of this Act, or, continued, reinstated,
20		renewed, disciplined or supervised, subject to such terms,
21		conditions or restrictions who shall fail to comply with such
22		terms, conditions or restrictions, or to complete a required
23		program of care, counseling, or treatment, as determined by the
24		Chief Medical Coordinator or Deputy Medical Coordinators,
25		shall be referred to the Secretary for a determination as to
26		whether the licensee shall have their license suspended

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1		immediately, pending a hearing by the Disciplinary Board. In
2		instances in which the Secretary immediately suspends a license
3		under this Section, a hearing upon such person's license must
4		be convened by the Disciplinary Board within 15 days after such
5		suspension and completed without appreciable delay. The
6		Disciplinary Board shall have the authority to review the
7		subject physician's record of treatment and counseling
8		regarding the impairment, to the extent permitted by applicable
9		federal statutes and regulations safeguarding the
10		confidentiality of medical records.
11		An individual licensed under this Act, affected under this
12		Section, shall be afforded an opportunity to demonstrate to the
13		Disciplinary Board that they can resume practice in compliance
14		with acceptable and prevailing standards under the provisions
15		of their license.
16		The Department may promulgate rules for the imposition of
17		fines in disciplinary cases, not to exceed $10,000 for each
18		violation of this Act. Fines may be imposed in conjunction with
19		other forms of disciplinary action, but shall not be the
20		exclusive disposition of any disciplinary action arising out of
21		conduct resulting in death or injury to a patient. Any funds
22		collected from such fines shall be deposited in the Illinois
23		State Medical Disciplinary Fund.
24		All fines imposed under this Section shall be paid within
25		60 days after the effective date of the order imposing the fine
26		or in accordance with the terms set forth in the order imposing

HB0313 Engrossed - 284 - LRB100 04130 SMS 14135 b
1		the fine.
2		(B) The Department shall revoke the license or permit
3		issued under this Act to practice medicine or a chiropractic
4		physician who has been convicted a second time of committing
5		any felony under the Illinois Controlled Substances Act or the
6		Methamphetamine Control and Community Protection Act, or who
7		has been convicted a second time of committing a Class 1 felony
8		under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
9		person whose license or permit is revoked under this subsection
10		B shall be prohibited from practicing medicine or treating
11		human ailments without the use of drugs and without operative
12		surgery.
13		(C) The Department shall not revoke, suspend, place on
14		probation, reprimand, refuse to issue or renew, or take any
15		other disciplinary or non-disciplinary action against the
16		license or permit issued under this Act to practice medicine to
17		a physician based solely upon the recommendation of the
18		physician to an eligible patient regarding, or prescription
19		for, or treatment with, an investigational drug, biological
20		product, or device.
21		(D) The Disciplinary Board shall recommend to the
22		Department civil penalties and any other appropriate
23		discipline in disciplinary cases when the Board finds that a
24		physician willfully performed an abortion with actual
25		knowledge that the person upon whom the abortion has been
26		performed is a minor or an incompetent person without notice as

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1		required under the Parental Notice of Abortion Act of 1995.
2		Upon the Board's recommendation, the Department shall impose,
3		for the first violation, a civil penalty of $1,000 and for a
4		second or subsequent violation, a civil penalty of $5,000.
5		(Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
6		98-1140, eff. 12-30-14; 99-270, eff. 1-1-16; 99-933, eff.
7		1-27-17.)
8		(225 ILCS 60/54.2)
9		(Section scheduled to be repealed on December 31, 2017)
10		Sec. 54.2. Physician delegation of authority.
11		(a) Nothing in this Act shall be construed to limit the
12		delegation of patient care tasks or duties by a physician, to a
13		licensed practical nurse, a registered professional nurse, or
14		other licensed person practicing within the scope of his or her
15		individual licensing Act. Delegation by a physician licensed to
16		practice medicine in all its branches to physician assistants
17		or advanced practice registered nurses is also addressed in
18		Section 54.5 of this Act. No physician may delegate any patient
19		care task or duty that is statutorily or by rule mandated to be
20		performed by a physician.
21		(b) In an office or practice setting and within a
22		physician-patient relationship, a physician may delegate
23		patient care tasks or duties to an unlicensed person who
24		possesses appropriate training and experience provided a
25		health care professional, who is practicing within the scope of

HB0313 Engrossed - 286 - LRB100 04130 SMS 14135 b
1		such licensed professional's individual licensing Act, is on
2		site to provide assistance.
3		(c) Any such patient care task or duty delegated to a
4		licensed or unlicensed person must be within the scope of
5		practice, education, training, or experience of the delegating
6		physician and within the context of a physician-patient
7		relationship.
8		(d) Nothing in this Section shall be construed to affect
9		referrals for professional services required by law.
10		(e) The Department shall have the authority to promulgate
11		rules concerning a physician's delegation, including but not
12		limited to, the use of light emitting devices for patient care
13		or treatment.
14		(f) Nothing in this Act shall be construed to limit the
15		method of delegation that may be authorized by any means,
16		including, but not limited to, oral, written, electronic,
17		standing orders, protocols, guidelines, or verbal orders.
18		(Source: P.A. 96-618, eff. 1-1-10; 97-622, eff. 11-23-11.)
19		(225 ILCS 60/54.5)
20		(Section scheduled to be repealed on December 31, 2017)
21		Sec. 54.5. Physician delegation of authority to physician
22		assistants, advanced practice registered nurses, and
23		prescribing psychologists.
24		(a) Physicians licensed to practice medicine in all its
25		branches may delegate care and treatment responsibilities to a

HB0313 Engrossed - 287 - LRB100 04130 SMS 14135 b
1		physician assistant under guidelines in accordance with the
2		requirements of the Physician Assistant Practice Act of 1987. A
3		physician licensed to practice medicine in all its branches may
4		enter into supervising physician agreements with no more than 5
5		physician assistants as set forth in subsection (a) of Section
6		7 of the Physician Assistant Practice Act of 1987.
7		(b) A physician licensed to practice medicine in all its
8		branches in active clinical practice may collaborate with an
9		advanced practice registered nurse in accordance with the
10		requirements of the Nurse Practice Act. Collaboration is for
11		the purpose of providing medical consultation, and no
12		employment relationship is required. A written collaborative
13		agreement shall conform to the requirements of Section 65-35 of
14		the Nurse Practice Act. The written collaborative agreement
15		shall be for services in the same area of practice or specialty
16		as the collaborating physician in his or her clinical medical
17		practice. A written collaborative agreement shall be adequate
18		with respect to collaboration with advanced practice
19		registered nurses if all of the following apply:
20		(1) The agreement is written to promote the exercise of
21		professional judgment by the advanced practice registered
22		nurse commensurate with his or her education and
23		experience.
24		(2) The advanced advance practice registered nurse
25		provides services based upon a written collaborative
26		agreement with the collaborating physician, except as set

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1		forth in subsection (b-5) of this Section. With respect to
2		labor and delivery, the collaborating physician must
3		provide delivery services in order to participate with a
4		certified nurse midwife.
5		(3) Methods of communication are available with the
6		collaborating physician in person or through
7		telecommunications for consultation, collaboration, and
8		referral as needed to address patient care needs.
9		(b-5) An anesthesiologist or physician licensed to
10		practice medicine in all its branches may collaborate with a
11		certified registered nurse anesthetist in accordance with
12		Section 65-35 of the Nurse Practice Act for the provision of
13		anesthesia services. With respect to the provision of
14		anesthesia services, the collaborating anesthesiologist or
15		physician shall have training and experience in the delivery of
16		anesthesia services consistent with Department rules.
17		Collaboration shall be adequate if:
18		(1) an anesthesiologist or a physician participates in
19		the joint formulation and joint approval of orders or
20		guidelines and periodically reviews such orders and the
21		services provided patients under such orders; and
22		(2) for anesthesia services, the anesthesiologist or
23		physician participates through discussion of and agreement
24		with the anesthesia plan and is physically present and
25		available on the premises during the delivery of anesthesia
26		services for diagnosis, consultation, and treatment of

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1		emergency medical conditions. Anesthesia services in a
2		hospital shall be conducted in accordance with Section 10.7
3		of the Hospital Licensing Act and in an ambulatory surgical
4		treatment center in accordance with Section 6.5 of the
5		Ambulatory Surgical Treatment Center Act.
6		(b-10) The anesthesiologist or operating physician must
7		agree with the anesthesia plan prior to the delivery of
8		services.
9		(c) The supervising physician shall have access to the
10		medical records of all patients attended by a physician
11		assistant. The collaborating physician shall have access to the
12		medical records of all patients attended to by an advanced
13		practice registered nurse.
14		(d) (Blank).
15		(e) A physician shall not be liable for the acts or
16		omissions of a prescribing psychologist, physician assistant,
17		or advanced practice registered nurse solely on the basis of
18		having signed a supervision agreement or guidelines or a
19		collaborative agreement, an order, a standing medical order, a
20		standing delegation order, or other order or guideline
21		authorizing a prescribing psychologist, physician assistant,
22		or advanced practice registered nurse to perform acts, unless
23		the physician has reason to believe the prescribing
24		psychologist, physician assistant, or advanced practice
25		registered nurse lacked the competency to perform the act or
26		acts or commits willful and wanton misconduct.

HB0313 Engrossed - 290 - LRB100 04130 SMS 14135 b
1		(f) A collaborating physician may, but is not required to,
2		delegate prescriptive authority to an advanced practice
3		registered nurse as part of a written collaborative agreement,
4		and the delegation of prescriptive authority shall conform to
5		the requirements of Section 65-40 of the Nurse Practice Act.
6		(g) A supervising physician may, but is not required to,
7		delegate prescriptive authority to a physician assistant as
8		part of a written supervision agreement, and the delegation of
9		prescriptive authority shall conform to the requirements of
10		Section 7.5 of the Physician Assistant Practice Act of 1987.
11		(h) (Blank).
12		(i) A collaborating physician shall delegate prescriptive
13		authority to a prescribing psychologist as part of a written
14		collaborative agreement, and the delegation of prescriptive
15		authority shall conform to the requirements of Section 4.3 of
16		the Clinical Psychologist Licensing Act.
17		(Source: P.A. 98-192, eff. 1-1-14; 98-668, eff. 6-25-14;
18		99-173, eff. 7-29-15.)
19		Section 160. The Nurse Practice Act is amended by changing
20		Sections 50-10, 50-15, 50-20, 50-50, 50-55, 50-60, 50-65,
21		50-70, 50-75, 55-10, 55-20, 55-30, 60-5, 60-10, 60-25, 60-35,
22		65-5, 65-10, 65-15, 65-20, 65-25, 65-30, 65-35, 65-35.1, 65-40,
23		65-45, 65-50, 65-55, 65-65, 70-5, 70-10, 70-20, 70-35, 70-40,
24		70-50, 70-60, 70-75, 70-80, 70-85, 70-100, 70-140, 70-145,
25		70-160, 75-10, 75-15, 75-20, 80-15, and 80-35 and the heading

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1		of Articles 65 and 75 and by adding Sections 50-13, 50-26,
2		55-11, 60-11, 70-81, and 70-103 as follows:
3		(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
4		(Section scheduled to be repealed on January 1, 2018)
5		Sec. 50-10. Definitions. Each of the following terms, when
6		used in this Act, shall have the meaning ascribed to it in this
7		Section, except where the context clearly indicates otherwise:
8		"Academic year" means the customary annual schedule of
9		courses at a college, university, or approved school,
10		customarily regarded as the school year as distinguished from
11		the calendar year.
12		"Address of record" means the designated address recorded
13		by the Department in the applicant's or licensee's application
14		file or license file as maintained by the Department's
15		licensure maintenance unit.
16		"Advanced practice registered nurse" or "APRN" "APN" means
17		a person who has met the qualifications for a (i) certified
18		nurse midwife (CNM); (ii) certified nurse practitioner (CNP);
19		(iii) certified registered nurse anesthetist (CRNA); or (iv)
20		clinical nurse specialist (CNS) and has been licensed by the
21		Department. All advanced practice registered nurses licensed
22		and practicing in the State of Illinois shall use the title
23		APRN APN and may use specialty credentials CNM, CNP, CRNA, or
24		CNS after their name. All advanced practice registered nurses
25		may only practice in accordance with national certification and

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1		this Act.
2		"Advisory Board" means the Illinois Nursing Workforce
3		Center Advisory Board.
4		"Approved program of professional nursing education" and
5		"approved program of practical nursing education" are programs
6		of professional or practical nursing, respectively, approved
7		by the Department under the provisions of this Act.
8		"Board" means the Board of Nursing appointed by the
9		Secretary.
10		"Center" means the Illinois Nursing Workforce Center.
11		"Collaboration" means a process involving 2 or more health
12		care professionals working together, each contributing one's
13		respective area of expertise to provide more comprehensive
14		patient care.
15		"Competence" means an expected and measurable level of
16		performance that integrates knowledge, skills, abilities, and
17		judgment based on established scientific knowledge and
18		expectations for nursing practice.
19		"Comprehensive nursing assessment" means the gathering of
20		information about the patient's physiological, psychological,
21		sociological, and spiritual status on an ongoing basis by a
22		registered professional nurse and is the first step in
23		implementing and guiding the nursing plan of care.
24		"Consultation" means the process whereby an advanced
25		practice registered nurse seeks the advice or opinion of
26		another health care professional.

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1		"Credentialed" means the process of assessing and
2		validating the qualifications of a health care professional.
3		"Current nursing practice update course" means a planned
4		nursing education curriculum approved by the Department
5		consisting of activities that have educational objectives,
6		instructional methods, content or subject matter, clinical
7		practice, and evaluation methods, related to basic review and
8		updating content and specifically planned for those nurses
9		previously licensed in the United States or its territories and
10		preparing for reentry into nursing practice.
11		"Dentist" means a person licensed to practice dentistry
12		under the Illinois Dental Practice Act.
13		"Department" means the Department of Financial and
14		Professional Regulation.
15		"Email address of record" means the designated email
16		address recorded by the Department in the applicant's
17		application file or the licensee's license file, as maintained
18		by the Department's licensure maintenance unit.
19		"Focused nursing assessment" means an appraisal of an
20		individual's status and current situation, contributing to the
21		comprehensive nursing assessment performed by the registered
22		professional nurse or advanced practice registered nurse or the
23		assessment by the physician assistant, physician, dentist,
24		podiatric physician, or other licensed health care
25		professional, as determined by the Department, supporting
26		ongoing data collection, and deciding who needs to be informed

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1		of the information and when to inform.
2		"Hospital affiliate" means a corporation, partnership,
3		joint venture, limited liability company, or similar
4		organization, other than a hospital, that is devoted primarily
5		to the provision, management, or support of health care
6		services and that directly or indirectly controls, is
7		controlled by, or is under common control of the hospital. For
8		the purposes of this definition, "control" means having at
9		least an equal or a majority ownership or membership interest.
10		A hospital affiliate shall be 100% owned or controlled by any
11		combination of hospitals, their parent corporations, or
12		physicians licensed to practice medicine in all its branches in
13		Illinois. "Hospital affiliate" does not include a health
14		maintenance organization regulated under the Health
15		Maintenance Organization Act.
16		"Impaired nurse" means a nurse licensed under this Act who
17		is unable to practice with reasonable skill and safety because
18		of a physical or mental disability as evidenced by a written
19		determination or written consent based on clinical evidence,
20		including loss of motor skills, abuse of drugs or alcohol, or a
21		psychiatric disorder, of sufficient degree to diminish his or
22		her ability to deliver competent patient care.
23		"License-pending advanced practice registered nurse" means
24		a registered professional nurse who has completed all
25		requirements for licensure as an advanced practice registered
26		nurse except the certification examination and has applied to

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1		take the next available certification exam and received a
2		temporary permit license from the Department.
3		"License-pending registered nurse" means a person who has
4		passed the Department-approved registered nurse licensure exam
5		and has applied for a license from the Department. A
6		license-pending registered nurse shall use the title "RN lic
7		pend" on all documentation related to nursing practice.
8		"Nursing intervention" means any treatment based on
9		clinical nursing judgment or knowledge that a nurse performs.
10		An individual or entity shall not mandate that a registered
11		professional nurse delegate nursing interventions if the
12		registered professional nurse determines it is inappropriate
13		to do so. A nurse shall not be subject to disciplinary or any
14		other adverse action for refusing to delegate a nursing
15		intervention based on patient safety.
16		"Physician" means a person licensed to practice medicine in
17		all its branches under the Medical Practice Act of 1987.
18		"Podiatric physician" means a person licensed to practice
19		podiatry under the Podiatric Medical Practice Act of 1987.
20		"Practical nurse" or "licensed practical nurse" means a
21		person who is licensed as a practical nurse under this Act and
22		practices practical nursing as defined in this Act. Only a
23		practical nurse licensed under this Act is entitled to use the
24		title "licensed practical nurse" and the abbreviation
25		"L.P.N.".
26		"Practical nursing" means the performance of nursing

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1		interventions acts requiring the basic nursing knowledge,
2		judgment, and skill acquired by means of completion of an
3		approved practical nursing education program. Practical
4		nursing includes assisting in the nursing process under the
5		guidance of as delegated by a registered professional nurse or
6		an advanced practice registered nurse. The practical nurse may
7		work under the direction of a licensed physician, dentist,
8		podiatric physician, or other health care professional
9		determined by the Department.
10		"Privileged" means the authorization granted by the
11		governing body of a healthcare facility, agency, or
12		organization to provide specific patient care services within
13		well-defined limits, based on qualifications reviewed in the
14		credentialing process.
15		"Registered Nurse" or "Registered Professional Nurse"
16		means a person who is licensed as a professional nurse under
17		this Act and practices nursing as defined in this Act. Only a
18		registered nurse licensed under this Act is entitled to use the
19		titles "registered nurse" and "registered professional nurse"
20		and the abbreviation, "R.N.".
21		"Registered professional nursing practice" means a
22		scientific process founded on a professional body of knowledge
23		that includes, but is not limited to, the protection,
24		promotion, and optimization of health and abilities,
25		prevention of illness and injury, development and
26		implementation of the nursing plan of care, facilitation of

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1		nursing interventions to alleviate suffering, care
2		coordination, and advocacy in the care of individuals,
3		families, groups, communities, and populations. "Registered
4		professional nursing practice" does not include the act of
5		medical diagnosis or prescription of medical therapeutic or
6		corrective measures. is a scientific process founded on a
7		professional body of knowledge; it is a learned profession
8		based on the understanding of the human condition across the
9		life span and environment and includes all nursing specialties
10		and means the performance of any nursing act based upon
11		professional knowledge, judgment, and skills acquired by means
12		of completion of an approved professional nursing education
13		program. A registered professional nurse provides holistic
14		nursing care through the nursing process to individuals,
15		groups, families, or communities, that includes but is not
16		limited to: (1) the assessment of healthcare needs, nursing
17		diagnosis, planning, implementation, and nursing evaluation;
18		(2) the promotion, maintenance, and restoration of health; (3)
19		counseling, patient education, health education, and patient
20		advocacy; (4) the administration of medications and treatments
21		as prescribed by a physician licensed to practice medicine in
22		all of its branches, a licensed dentist, a licensed podiatric
23		physician, or a licensed optometrist or as prescribed by a
24		physician assistant or by an advanced practice nurse; (5) the
25		coordination and management of the nursing plan of care; (6)
26		the delegation to and supervision of individuals who assist the

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1		registered professional nurse implementing the plan of care;
2		and (7) teaching nursing students. The foregoing shall not be
3		deemed to include those acts of medical diagnosis or
4		prescription of therapeutic or corrective measures.
5		"Professional assistance program for nurses" means a
6		professional assistance program that meets criteria
7		established by the Board of Nursing and approved by the
8		Secretary, which provides a non-disciplinary treatment
9		approach for nurses licensed under this Act whose ability to
10		practice is compromised by alcohol or chemical substance
11		addiction.
12		"Secretary" means the Secretary of Financial and
13		Professional Regulation.
14		"Unencumbered license" means a license issued in good
15		standing.
16		"Written collaborative agreement" means a written
17		agreement between an advanced practice registered nurse and a
18		collaborating physician, dentist, or podiatric physician
19		pursuant to Section 65-35.
20		(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
21		99-330, eff. 1-1-16; 99-642, eff. 7-28-16.)
22		(225 ILCS 65/50-13 new)
23		Sec. 50-13. Address of record; email address of record. All
24		applicants and licensees shall:
25		(1) provide a valid address and email address to the

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1		Department, which shall serve as the address of record and
2		email address of record, respectively, at the time of
3		application for licensure or renewal of a license; and
4		(2) inform the Department of any change of address of
5		record or email address of record within 14 days after such
6		change either through the Department's website or by
7		contacting the Department's licensure maintenance unit.
8		(225 ILCS 65/50-15) (was 225 ILCS 65/5-15)
9		(Section scheduled to be repealed on January 1, 2018)
10		Sec. 50-15. Policy; application of Act.
11		(a) For the protection of life and the promotion of health,
12		and the prevention of illness and communicable diseases, any
13		person practicing or offering to practice advanced,
14		professional, or practical nursing in Illinois shall submit
15		evidence that he or she is qualified to practice, and shall be
16		licensed as provided under this Act. No person shall practice
17		or offer to practice advanced, professional, or practical
18		nursing in Illinois or use any title, sign, card or device to
19		indicate that such a person is practicing professional or
20		practical nursing unless such person has been licensed under
21		the provisions of this Act.
22		(b) This Act does not prohibit the following:
23		(1) The practice of nursing in Federal employment in
24		the discharge of the employee's duties by a person who is
25		employed by the United States government or any bureau,

HB0313 Engrossed - 300 - LRB100 04130 SMS 14135 b
1		division or agency thereof and is a legally qualified and
2		licensed nurse of another state or territory and not in
3		conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
4		this Act.
5		(2) Nursing that is included in the program of study by
6		students enrolled in programs of nursing or in current
7		nurse practice update courses approved by the Department.
8		(3) The furnishing of nursing assistance in an
9		emergency.
10		(4) The practice of nursing by a nurse who holds an
11		active license in another state when providing services to
12		patients in Illinois during a bonafide emergency or in
13		immediate preparation for or during interstate transit.
14		(5) The incidental care of the sick by members of the
15		family, domestic servants or housekeepers, or care of the
16		sick where treatment is by prayer or spiritual means.
17		(6) Persons from being employed as unlicensed
18		assistive personnel in private homes, long term care
19		facilities, nurseries, hospitals or other institutions.
20		(7) The practice of practical nursing by one who is a
21		licensed practical nurse under the laws of another U.S.
22		jurisdiction and has applied in writing to the Department,
23		in form and substance satisfactory to the Department, for a
24		license as a licensed practical nurse and who is qualified
25		to receive such license under this Act, until (i) the
26		expiration of 6 months after the filing of such written

HB0313 Engrossed - 301 - LRB100 04130 SMS 14135 b
1		application, (ii) the withdrawal of such application, or
2		(iii) the denial of such application by the Department.
3		(8) The practice of advanced practice registered
4		nursing by one who is an advanced practice registered nurse
5		under the laws of another state, territory of the United
6		States jurisdiction or a foreign jurisdiction , or country
7		and has applied in writing to the Department, in form and
8		substance satisfactory to the Department, for a license as
9		an advanced practice registered nurse and who is qualified
10		to receive such license under this Act, until (i) the
11		expiration of 6 months after the filing of such written
12		application, (ii) the withdrawal of such application, or
13		(iii) the denial of such application by the Department.
14		(9) The practice of professional nursing by one who is
15		a registered professional nurse under the laws of another
16		state, territory of the United States jurisdiction or a
17		foreign jurisdiction or country and has applied in writing
18		to the Department, in form and substance satisfactory to
19		the Department, for a license as a registered professional
20		nurse and who is qualified to receive such license under
21		Section 55-10, until (1) the expiration of 6 months after
22		the filing of such written application, (2) the withdrawal
23		of such application, or (3) the denial of such application
24		by the Department.
25		(10) The practice of professional nursing that is
26		included in a program of study by one who is a registered

HB0313 Engrossed - 302 - LRB100 04130 SMS 14135 b
1		professional nurse under the laws of another state or
2		territory of the United States jurisdiction or a foreign
3		jurisdiction country, territory or province and who is
4		enrolled in a graduate nursing education program or a
5		program for the completion of a baccalaureate nursing
6		degree in this State, which includes clinical supervision
7		by faculty as determined by the educational institution
8		offering the program and the health care organization where
9		the practice of nursing occurs.
10		(11) Any person licensed in this State under any other
11		Act from engaging in the practice for which she or he is
12		licensed.
13		(12) Delegation to authorized direct care staff
14		trained under Section 15.4 of the Mental Health and
15		Developmental Disabilities Administrative Act consistent
16		with the policies of the Department.
17		(13) (Blank). The practice, services, or activities of
18		persons practicing the specified occupations set forth in
19		subsection (a) of, and pursuant to a licensing exemption
20		granted in subsection (b) or (d) of, Section 2105-350 of
21		the Department of Professional Regulation Law of the Civil
22		Administrative Code of Illinois, but only for so long as
23		the 2016 Olympic and Paralympic Games Professional
24		Licensure Exemption Law is operable.
25		(14) County correctional personnel from delivering
26		prepackaged medication for self-administration to an

HB0313 Engrossed - 303 - LRB100 04130 SMS 14135 b
1		individual detainee in a correctional facility.
2		Nothing in this Act shall be construed to limit the
3		delegation of tasks or duties by a physician, dentist, or
4		podiatric physician to a licensed practical nurse, a registered
5		professional nurse, or other persons.
6		(Source: P.A. 98-214, eff. 8-9-13.)
7		(225 ILCS 65/50-20) (was 225 ILCS 65/5-20)
8		(Section scheduled to be repealed on January 1, 2018)
9		Sec. 50-20. Unlicensed practice; violation; civil penalty.
10		(a) In addition to any other penalty provided by law, any
11		Any person who practices, offers to practice, attempts to
12		practice, or holds oneself out to practice nursing without
13		being licensed under this Act shall, in addition to any other
14		penalty provided by law, pay a civil penalty to the Department
15		in an amount not to exceed $10,000 for each offense as
16		determined by the Department. The civil penalty shall be
17		assessed by the Department after a hearing is held in
18		accordance with the provisions set forth in this Act regarding
19		the provision of a hearing for the discipline of a licensee.
20		(b) The Department has the authority and power to
21		investigate any and all unlicensed activity.
22		(c) The civil penalty shall be paid within 60 days after
23		the effective date of the order imposing the civil penalty. The
24		order shall constitute a judgment and may be filed and
25		execution had thereon in the same manner as any judgment from

HB0313 Engrossed - 304 - LRB100 04130 SMS 14135 b
1		any court of record.
2		(Source: P.A. 95-639, eff. 10-5-07.)
3		(225 ILCS 65/50-26 new)
4		Sec. 50-26. Application for license. Applications for
5		licenses shall be made to the Department on forms prescribed by
6		the Department and accompanied by the required fee. All
7		applications shall contain the information that, in the
8		judgment of the Department, will enable the Department to pass
9		on the qualifications of the applicant for a license under this
10		Act.
11		If an applicant fails to obtain a license under this Act
12		within 3 years after filing his or her application, the
13		application shall be denied. The applicant may make a new
14		application, which shall be accompanied by the required
15		nonrefundable fee. The applicant shall be required to meet the
16		qualifications required for licensure at the time of
17		reapplication.
18		(225 ILCS 65/50-50) (was 225 ILCS 65/10-5)
19		(Section scheduled to be repealed on January 1, 2018)
20		Sec. 50-50. Prohibited acts.
21		(a) No person shall:
22		(1) Practice as an advanced practice registered nurse
23		without a valid license as an advanced practice registered
24		nurse, except as provided in Section 50-15 of this Act;

HB0313 Engrossed - 305 - LRB100 04130 SMS 14135 b
1		(2) Practice professional nursing without a valid
2		license as a registered professional nurse except as
3		provided in Section 50-15 of this Act;
4		(3) Practice practical nursing without a valid license
5		as a licensed practical nurse or practice practical
6		nursing, except as provided in Section 50-15 of this Act;
7		(4) Practice nursing under cover of any diploma,
8		license, or record illegally or fraudulently obtained or
9		signed or issued unlawfully or under fraudulent
10		representation;
11		(5) Practice nursing during the time her or his license
12		is suspended, revoked, expired, or on inactive status;
13		(6) Use any words, abbreviations, figures, letters,
14		title, sign, card, or device tending to imply that she or
15		he is a registered professional nurse, including the titles
16		or initials, "Nurse,", "Registered Nurse,", "Professional
17		Nurse,", "Registered Professional Nurse,", "Certified
18		Nurse,", "Trained Nurse,", "Graduate Nurse,", "P.N.,", or
19		"R.N.,", or "R.P.N." or similar titles or initials with
20		intention of indicating practice without a valid license as
21		a registered professional nurse;
22		(7) Use any words, abbreviations, figures, letters,
23		titles, signs, cards, or devices tending to imply that she
24		or he is an advanced practice registered nurse, including
25		the titles or initials "Advanced Practice Registered
26		Nurse", "A.P.R.N." "A.P.N.", or similar titles or

HB0313 Engrossed - 306 - LRB100 04130 SMS 14135 b
1		initials, with the intention of indicating practice as an
2		advanced practice registered nurse without a valid license
3		as an advanced practice registered nurse under this Act.
4		For purposes of this provision, the terms "advanced
5		practice nurse" and "A.P.N." are considered to be similar
6		titles or initials protected by this subsection (a).
7		(8) Use any words, abbreviations figures, letters,
8		title, sign, card, or device tending to imply that she or
9		he is a licensed practical nurse including the titles or
10		initials "Practical Nurse,", "Licensed Practical Nurse,",
11		"P.N.,", or "L.P.N.,", or similar titles or initials with
12		intention of indicated practice as a licensed practical
13		nurse without a valid license as a licensed practical nurse
14		under this Act;
15		(9) Advertise services regulated under this Act
16		without including in every advertisement his or her title
17		as it appears on the license or the initials authorized
18		under this Act;
19		(10) Obtain or furnish a license by or for money or any
20		other thing of value other than the fees required under
21		this Act, or by any fraudulent representation or act;
22		(11) Make any willfully wilfully false oath or
23		affirmation required by this Act;
24		(12) Conduct a nursing education program preparing
25		persons for licensure that has not been approved by the
26		Department;

HB0313 Engrossed - 307 - LRB100 04130 SMS 14135 b
1		(13) Represent that any school or course is approved or
2		accredited as a school or course for the education of
3		registered professional nurses or licensed practical
4		nurses unless such school or course is approved by the
5		Department under the provisions of this Act;
6		(14) Attempt or offer to do any of the acts enumerated
7		in this Section, or knowingly aid, abet, assist in the
8		doing of any such acts or in the attempt or offer to do any
9		of such acts;
10		(15) Employ persons not licensed under this Act to
11		practice professional nursing or practical nursing; and
12		(16) (Blank); Otherwise intentionally violate any
13		provision of this Act.
14		(17) Retaliate against any nurse who reports unsafe,
15		unethical, or illegal health care practices or
16		conditions; .
17		(18) Be deemed a supervisor when delegating nursing
18		interventions or guiding the practice of a licensed
19		practical nurse activities or tasks as authorized under
20		this Act; and
21		(19) Discipline or take other adverse action against a
22		nurse who refused to delegate a nursing intervention based
23		on patient safety; and
24		(20) Otherwise intentionally violate any provision of
25		this Act.
26		(b) Any person, including a firm, association, or

HB0313 Engrossed - 308 - LRB100 04130 SMS 14135 b
1		corporation who violates any provision of this Section shall be
2		guilty of a Class A misdemeanor.
3		(Source: P.A. 95-639, eff. 10-5-07.)
4		(225 ILCS 65/50-55) (was 225 ILCS 65/10-10)
5		(Section scheduled to be repealed on January 1, 2018)
6		Sec. 50-55. Department powers and duties. Subject to the
7		provisions of this Act, the (a) The Department is authorized to
8		shall exercise the following functions, powers, and duties:
9		prescribed by the Civil Administrative Code of Illinois for
10		administration of licensing acts and shall exercise other
11		powers and duties necessary for effectuating the purpose of
12		this Act. None of the functions, powers, or duties of the
13		Department with respect to licensure and examination shall be
14		exercised by the Department except upon review by the Board.
15		(1) Conduct or authorize examinations to ascertain the
16		fitness and qualifications of applicants for all licenses
17		governed by this Act, pass upon the qualifications of
18		applicants for licenses, and issue licenses to applicants
19		found to be fit and qualified.
20		(2) Adopt The Department shall adopt rules required for
21		the administration to implement, interpret, or make
22		specific the provisions and purposes of this Act, in
23		consultation with ; however no such rules shall be adopted
24		by the Department except upon review by the Board where
25		necessary.

HB0313 Engrossed - 309 - LRB100 04130 SMS 14135 b
1		(3) Prescribe rules for a method of examination of
2		candidates.
3		(4) Prescribe rules defining what constitutes an
4		approved program, school, college, or department of a
5		university, except that no program, school, college, or
6		department of a university that refuses admittance to
7		applicants solely on account of race, color, creed, sex, or
8		national origin shall be approved.
9		(5) Conduct hearings on proceedings to revoke or
10		suspend licenses or on objection to the issuance of
11		licenses and to revoke, suspend, or refuse to issue such
12		licenses.
13		(6) Prepare (b) The Department shall prepare and
14		maintain a list of approved programs of professional
15		nursing education and programs of practical nursing
16		education in this State, whose graduates, if they have the
17		other necessary qualifications provided in this Act, shall
18		be eligible to apply for a license to practice nursing in
19		this State.
20		(7) Act (c) The Department may act upon the
21		recommendations of the Board of Nursing and the Illinois
22		Nursing Workforce Center for Nursing Advisory Board.
23		(8) Exercise the powers and duties prescribed by the
24		Civil Administrative Code of Illinois for the
25		administration of licensing Acts.
26		(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)

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1		(225 ILCS 65/50-60) (was 225 ILCS 65/10-15)
2		(Section scheduled to be repealed on January 1, 2018)
3		Sec. 50-60. Nursing Coordinator; Assistant Nursing
4		Coordinator. The Secretary shall appoint, pursuant to the
5		Personnel Code, a Nursing Coordinator and an Assistant Nursing
6		Coordinator. The Nursing Coordinator and Assistant Nursing
7		Coordinator shall be a registered professional nurse nurses
8		licensed in this State who has have graduated from an approved
9		school of nursing and holds hold at least a master's degree in
10		nursing from an accredited college or university.
11		(Source: P.A. 95-639, eff. 10-5-07.)
12		(225 ILCS 65/50-65) (was 225 ILCS 65/10-25)
13		(Section scheduled to be repealed on January 1, 2018)
14		Sec. 50-65. Board.
15		(a) The The term of each member of the Board of Nursing and
16		the Advanced Practice Nursing Board serving before the
17		effective date of this amendatory Act of the 95th General
18		Assembly shall terminate on the effective date of this
19		amendatory Act of the 95th General Assembly. Beginning on the
20		effective date of this amendatory Act of the 95th General
21		Assembly, the Secretary shall solicit recommendations from
22		nursing organizations and appoint the Board of Nursing, which
23		shall consist of 13 members, one of whom shall be a practical
24		nurse; one of whom shall be a practical nurse educator; one of

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1		whom shall be a registered professional nurse in practice; one
2		of whom shall be an associate degree nurse educator; one of
3		whom shall be a baccalaureate degree nurse educator; one of
4		whom shall be a nurse who is actively engaged in direct care;
5		one of whom shall be a registered professional nurse actively
6		engaged in direct care; one of whom shall be a nursing
7		administrator; 4 of whom shall be advanced practice registered
8		nurses representing CNS, CNP, CNM, and CRNA practice; and one
9		of whom shall be a public member who is not employed in and has
10		no material interest in any health care field. The Board shall
11		receive actual and necessary expenses incurred in the
12		performance of their duties.
13		Members of the Board of Nursing and the Advanced Practice
14		Nursing Board whose terms were terminated by this amendatory
15		Act of the 95th General Assembly shall be considered for
16		membership positions on the Board.
17		All nursing members of the Board must be (i) residents of
18		this State, (ii) licensed in good standing to practice nursing
19		in this State, (iii) graduates of an approved nursing program,
20		with a minimum of 5 years' years experience in the field of
21		nursing, and (iv) at the time of appointment to the Board,
22		actively engaged in nursing or work related to nursing.
23		Membership terms shall be for 3 years, except that in
24		making initial appointments, the Secretary shall appoint all
25		members for initial terms of 2, 3, and 4 years and these terms
26		shall be staggered as follows: 3 shall be appointed for terms

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1		of 2 years; 4 shall be appointed for terms of 3 years; and 6
2		shall be appointed for terms of 4 years. No member shall be
3		appointed to more than 2 consecutive terms. In the case of a
4		vacated position, an individual may be appointed to serve the
5		unexpired portion of that term; if the term is less than half
6		of a full term, the individual is eligible to serve 2 full
7		terms.
8		The Secretary may remove any member of the Board for
9		misconduct, incapacity, or neglect of duty. The Secretary shall
10		reduce to writing any causes for removal.
11		The Board shall meet annually to elect a chairperson and
12		vice chairperson. The Board shall hold regularly scheduled
13		meetings during the year. A simple majority of the Board shall
14		constitute a quorum at any meeting. Any action taken by the
15		Board must be on the affirmative vote of a simple majority of
16		members. Voting by proxy shall not be permitted. In the case of
17		an emergency where all Board members cannot meet in person, the
18		Board may convene a meeting via an electronic format in
19		accordance with the Open Meetings Act.
20		(b) The Board may perform each of the following activities:
21		(1) Recommend to the Department the adoption and the
22		revision of rules necessary for the administration of this
23		Act;
24		(2) Recommend the approval, denial of approval,
25		withdrawal of approval, or discipline of nursing education
26		programs;

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1		(c) The Board shall participate in disciplinary
2		conferences and hearings and make recommendations to the
3		Department regarding disciplinary action taken against a
4		licensee as provided under this Act. Disciplinary conference
5		hearings and proceedings regarding scope of practice issues
6		shall be conducted by a Board member at the same or higher
7		licensure level as the respondent. Participation in an informal
8		conference shall not bar members of the Board from future
9		participation or decisions relating to that matter.
10		(d) (Blank). With the exception of emergency rules, any
11		proposed rules, amendments, second notice materials, and
12		adopted rule or amendment materials or policy statements
13		concerning advanced practice nurses shall be presented to the
14		Medical Licensing Board for review and comment. The
15		recommendations of both the Board of Nursing and the Medical
16		Licensing Board shall be presented to the Secretary for
17		consideration in making final decisions. Whenever the Board of
18		Nursing and Medical Licensing Board disagree on a proposed rule
19		or policy, the Secretary shall convene a joint meeting of the
20		officers of each Board to discuss resolution of any
21		disagreements.
22		(Source: P.A. 95-639, eff. 10-5-07.)
23		(225 ILCS 65/50-70) (was 225 ILCS 65/10-35)
24		(Section scheduled to be repealed on January 1, 2018)
25		Sec. 50-70. Concurrent theory and clinical practice

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1		education requirements of this Act. The educational
2		requirements of Sections 55-10 and 60-10 of this Act relating
3		to registered professional nursing and licensed practical
4		nursing shall not be deemed to have been satisfied by the
5		completion of any correspondence course or any program of
6		nursing that does not require coordinated or concurrent theory
7		and clinical practice. The Department may, upon recommendation
8		of the Board, grant an Illinois license to those applicants who
9		have received advanced graduate degrees in nursing from an
10		approved program with concurrent theory and clinical practice
11		or to those applicants who are currently licensed in another
12		state and have been actively practicing clinical nursing for a
13		minimum of 2 years.
14		(Source: P.A. 95-639, eff. 10-5-07.)
15		(225 ILCS 65/50-75)
16		(Section scheduled to be repealed on January 1, 2018)
17		Sec. 50-75. Nursing delegation by a registered
18		professional nurse.
19		(a) For the purposes of this Section:
20		"Delegation" means transferring to a specific an
21		individual the authority to perform a specific nursing
22		intervention in a specific selected nursing activity or task,
23		in a selected situation.
24		"Predictability of outcomes" means that a registered
25		professional nurse or advanced practice registered nurse has

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1		determined that the patient's or individual's clinical status
2		is stable and expected to improve or the patient's or
3		individual's deteriorating condition is expected to follow a
4		known or expected course.
5		"Stability" means a registered professional nurse or
6		advanced practice registered nurse has determined that the
7		individual's clinical status and nursing care needs are
8		consistent.
9		"Nursing activity" means any work requiring the use of
10		knowledge acquired by completion of an approved program for
11		licensure, including advanced education, continuing education,
12		and experience as a licensed practical nurse or professional
13		nurse, as defined by the Department by rule.
14		"Task" means work not requiring nursing knowledge,
15		judgment, or decision-making, as defined by the Department by
16		rule.
17		(b) This Section authorizes a registered professional
18		nurse or advanced practice registered nurse to:
19		(1) delegate nursing interventions to other registered
20		professional nurses, licensed practical nurses, and other
21		unlicensed personnel based on the comprehensive nursing
22		assessment that includes, but is not limited to:
23		(A) the stability and condition of the patient;
24		(B) the potential for harm;
25		(C) the complexity of the nursing intervention to
26		be delegated;

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1		(D) the predictability of outcomes; and
2		(E) competency of the individual to whom the
3		nursing intervention is delegated;
4		(2) delegate medication administration to other
5		licensed nurses;
6		(3) in community-based or in-home care settings,
7		delegate the administration of medication (limited to oral
8		or subcutaneous dosage and topical or transdermal
9		application) to unlicensed personnel, if all the
10		conditions for delegation set forth in this Section are
11		met;
12		(4) refuse to delegate, stop, or rescind a previously
13		authorized delegation; or Nursing shall be practiced by
14		licensed practical nurses, registered professional nurses,
15		and advanced practice nurses. In the delivery of nursing
16		care, nurses work with many other licensed professionals
17		and other persons. An advanced practice nurse may delegate
18		to registered professional nurses, licensed practical
19		nurses, and others persons.
20		(5) in community-based or in-home care settings,
21		delegate, guide, and evaluate the implementation of
22		nursing interventions as a component of patient care
23		coordination after completion of the comprehensive patient
24		assessment based on analysis of the comprehensive nursing
25		assessment data; care coordination in in-home care and
26		school settings may occur in person, by telecommunication,

HB0313 Engrossed - 317 - LRB100 04130 SMS 14135 b
1		or by electronic communication.
2		(c) This Section prohibits the following:
3		(1) An individual or entity from mandating that a
4		registered professional nurse delegate nursing
5		interventions if the registered professional nurse
6		determines it is inappropriate to do so. Nurses shall not
7		be subject to disciplinary or any other adverse action for
8		refusing to delegate a nursing intervention based on
9		patient safety.
10		(2) The delegation of medication administration to
11		unlicensed personnel in any institutional or long-term
12		facility, including, but not limited to, those facilities
13		licensed by the Hospital Licensing Act, the University of
14		Illinois Hospital Act, State-operated mental health
15		hospitals, or State-operated developmental centers, except
16		as authorized under Article 80 of this Act or otherwise
17		specifically authorized by law.
18		(3) A registered professional nurse from delegating
19		nursing judgment, the comprehensive patient assessment,
20		the development of a plan of care, and the evaluation of
21		care to licensed or unlicensed personnel.
22		(4) A licensed practical nurse or unlicensed personnel
23		who has been delegated a nursing intervention from
24		re-delegating a nursing intervention. A registered
25		professional nurse shall not delegate any nursing activity
26		requiring the specialized knowledge, judgment, and skill

HB0313 Engrossed - 318 - LRB100 04130 SMS 14135 b
1		of a licensed nurse to an unlicensed person, including
2		medication administration. A registered professional nurse
3		may delegate nursing activities to other registered
4		professional nurses or licensed practical nurses.
5		A registered nurse may delegate tasks to other licensed and
6		unlicensed persons. A licensed practical nurse who has been
7		delegated a nursing activity shall not re-delegate the nursing
8		activity. A registered professional nurse or advanced practice
9		nurse retains the right to refuse to delegate or to stop or
10		rescind a previously authorized delegation.
11		(Source: P.A. 95-639, eff. 10-5-07.)
12		(225 ILCS 65/55-10) (was 225 ILCS 65/10-30)
13		(Section scheduled to be repealed on January 1, 2018)
14		Sec. 55-10. LPN licensure by examination Qualifications
15		for LPN licensure.
16		(a) Each applicant who successfully meets the requirements
17		of this Section is eligible for shall be entitled to licensure
18		as a licensed practical nurse Licensed Practical Nurse.
19		(b) An applicant for licensure by examination to practice
20		as a practical nurse is eligible for licensure when the
21		following requirements are met must do each of the following:
22		(1) the applicant has submitted Submit a completed
23		written application, on forms provided by the Department
24		and fees as established by the Department; .
25		(2) the applicant has Have graduated from a practical

HB0313 Engrossed - 319 - LRB100 04130 SMS 14135 b
1		nursing education program approved by the Department or has
2		have been granted a certificate of completion of
3		pre-licensure requirements from another United States
4		jurisdiction; .
5		(3) the applicant has successfully completed
6		Successfully complete a licensure examination approved by
7		the Department; .
8		(4) (blank); Have not violated the provisions of this
9		Act concerning the grounds for disciplinary action. The
10		Department may take into consideration any felony
11		conviction of the applicant, but such a conviction shall
12		not operate as an absolute bar to licensure.
13		(5) the applicant has submitted Submit to the criminal
14		history records check required under Section 50-35 of this
15		Act; .
16		(6) the applicant has submitted Submit either to the
17		Department or its designated testing service, a fee
18		covering the cost of providing the examination. Failure to
19		appear for the examination on the scheduled date at the
20		time and place specified after the applicant's application
21		for examination has been received and acknowledged by the
22		Department or the designated testing service shall result
23		in the forfeiture of the examination fee; and .
24		(7) the applicant has met Meet all other requirements
25		established by rule.
26		An applicant for licensure by examination may take the

HB0313 Engrossed - 320 - LRB100 04130 SMS 14135 b
1		Department-approved examination in another jurisdiction.
2		(b-5) If an applicant for licensure by examination
3		neglects, fails, or refuses to take an examination or fails to
4		pass an examination for a license under this Act within 3 years
5		of the date of initial application after filing the
6		application, the application shall be denied. When an
7		applicant's application is denied due to the failure to pass
8		the examination within the 3-year period, that applicant must
9		undertake an additional course of education as defined by rule
10		prior to submitting a new application for licensure. Any new
11		application must be accompanied by the required fee, evidence
12		of meeting the requirements in force at the time of the new
13		application, and evidence of completion of the additional
14		course of education prescribed by rule. The applicant must
15		enroll in and complete an approved practical nursing education
16		program prior to submitting an additional application for the
17		licensure exam.
18		An applicant may take and successfully complete a
19		Department-approved examination in another jurisdiction.
20		However, an applicant who has never been licensed previously in
21		any jurisdiction that utilizes a Department-approved
22		examination and who has taken and failed to pass the
23		examination within 3 years after filing the application must
24		submit proof of successful completion of a
25		Department-authorized nursing education program or
26		recompletion of an approved licensed practical nursing program

HB0313 Engrossed - 321 - LRB100 04130 SMS 14135 b
1		prior to re-application.
2		(c) An applicant for licensure by examination shall have
3		one year from the date of notification of successful completion
4		of the examination to apply to the Department for a license. If
5		an applicant fails to apply within one year, the applicant
6		shall be required to retake and pass the examination unless
7		licensed in another jurisdiction of the United States.
8		(d) A licensed practical nurse applicant who passes the
9		Department-approved licensure examination and has applied to
10		the Department for licensure may obtain employment as a
11		license-pending practical nurse and practice as delegated by a
12		registered professional nurse or an advanced practice
13		registered nurse or physician. An individual may be employed as
14		a license-pending practical nurse if all of the following
15		criteria are met:
16		(1) He or she has completed and passed the
17		Department-approved licensure exam and presents to the
18		employer the official written notification indicating
19		successful passage of the licensure examination.
20		(2) He or she has completed and submitted to the
21		Department an application for licensure under this Section
22		as a practical nurse.
23		(3) He or she has submitted the required licensure fee.
24		(4) He or she has met all other requirements
25		established by rule, including having submitted to a
26		criminal history records check.

HB0313 Engrossed - 322 - LRB100 04130 SMS 14135 b
1		(e) The privilege to practice as a license-pending
2		practical nurse shall terminate with the occurrence of any of
3		the following:
4		(1) Three months have passed since the official date of
5		passing the licensure exam as inscribed on the formal
6		written notification indicating passage of the exam. This
7		3-month period may be extended as determined by rule.
8		(2) Receipt of the practical nurse license from the
9		Department.
10		(3) Notification from the Department that the
11		application for licensure has been denied.
12		(4) A request by the Department that the individual
13		terminate practicing as a license-pending practical nurse
14		until an official decision is made by the Department to
15		grant or deny a practical nurse license.
16		(f) (Blank). An applicant for licensure by endorsement who
17		is a licensed practical nurse licensed by examination under the
18		laws of another state or territory of the United States or a
19		foreign country, jurisdiction, territory, or province must do
20		each of the following:
21		(1) Submit a completed written application, on forms
22		supplied by the Department, and fees as established by the
23		Department.
24		(2) Have graduated from a practical nursing education
25		program approved by the Department.
26		(3) Submit verification of licensure status directly

HB0313 Engrossed - 323 - LRB100 04130 SMS 14135 b
1		from the United States jurisdiction of licensure, if
2		applicable, as defined by rule.
3		(4) Submit to the criminal history records check
4		required under Section 50-35 of this Act.
5		(5) Meet all other requirements as established by the
6		Department by rule.
7		(g) All applicants for practical nurse licensure by
8		examination or endorsement who are graduates of nursing
9		educational programs in a country other than the United States
10		or its territories shall have their nursing education
11		credentials evaluated by a Department-approved nursing
12		credentialing evaluation service. No such applicant may be
13		issued a license under this Act unless the applicant's program
14		is deemed by the nursing credentialing evaluation service to be
15		equivalent to a professional nursing education program
16		approved by the Department. An applicant who has graduated from
17		a nursing educational program outside of the United States or
18		its territories and whose first language is not English shall
19		submit evidence of English proficiency certification of
20		passage of the Test of English as a Foreign Language (TOEFL),
21		as defined by rule. The Department may, upon recommendation
22		from the nursing evaluation service, waive the requirement that
23		the applicant pass the TOEFL examination if the applicant
24		submits verification of the successful completion of a nursing
25		education program conducted in English. The requirements of
26		this subsection (d) may be satisfied by the showing of proof of

HB0313 Engrossed - 324 - LRB100 04130 SMS 14135 b
1		a certificate from the Certificate Program or the VisaScreen
2		Program of the Commission on Graduates of Foreign Nursing
3		Schools.
4		(h) (Blank). An applicant licensed in another state or
5		territory who is applying for licensure and has received her or
6		his education in a country other than the United States or its
7		territories shall have her or his nursing education credentials
8		evaluated by a Department-approved nursing credentialing
9		evaluation service. No such applicant may be issued a license
10		under this Act unless the applicant's program is deemed by the
11		nursing credentialing evaluation service to be equivalent to a
12		professional nursing education program approved by the
13		Department. An applicant who has graduated from a nursing
14		educational program outside of the United States or its
15		territories and whose first language is not English shall
16		submit certification of passage of the Test of English as a
17		Foreign Language (TOEFL), as defined by rule. The Department
18		may, upon recommendation from the nursing evaluation service,
19		waive the requirement that the applicant pass the TOEFL
20		examination if the applicant submits verification of the
21		successful completion of a nursing education program conducted
22		in English or the successful passage of an approved licensing
23		examination given in English. The requirements of this
24		subsection (d-5) may be satisfied by the showing of proof of a
25		certificate from the Certificate Program or the VisaScreen
26		Program of the Commission on Graduates of Foreign Nursing

HB0313 Engrossed - 325 - LRB100 04130 SMS 14135 b
1		Schools.
2		(i) (Blank). A licensed practical nurse who holds an
3		unencumbered license in good standing in another United States
4		jurisdiction and who has applied for practical nurse licensure
5		under this Act by endorsement may be issued a temporary
6		license, if satisfactory proof of such licensure in another
7		jurisdiction is presented to the Department. The Department
8		shall not issue an applicant a temporary practical nurse
9		license until it is satisfied that the applicant holds an
10		active, unencumbered license in good standing in another
11		jurisdiction. If the applicant holds more than one current
12		active license or one or more active temporary licenses from
13		another jurisdiction, the Department may not issue a temporary
14		license until the Department is satisfied that each current
15		active license held by the applicant is unencumbered. The
16		temporary license, which shall be issued no later than 14
17		working days following receipt by the Department of an
18		application for the temporary license, shall be granted upon
19		the submission of all of the following to the Department:
20		(1) A completed application for licensure as a
21		practical nurse.
22		(2) Proof of a current, active license in at least one
23		other jurisdiction of the United States and proof that each
24		current active license or temporary license held by the
25		applicant within the last 5 years is unencumbered.
26		(3) A signed and completed application for a temporary

HB0313 Engrossed - 326 - LRB100 04130 SMS 14135 b
1		license.
2		(4) The required temporary license fee.
3		(j) (Blank). The Department may refuse to issue an
4		applicant a temporary license authorized pursuant to this
5		Section if, within 14 working days following its receipt of an
6		application for a temporary license, the Department determines
7		that:
8		(1) the applicant has been convicted of a crime under
9		the laws of a jurisdiction of the United States that is:
10		(i) a felony; or (ii) a misdemeanor directly related to the
11		practice of the profession, within the last 5 years;
12		(2) the applicant has had a license or permit related
13		to the practice of practical nursing revoked, suspended, or
14		placed on probation by another jurisdiction within the last
15		5 years and at least one of the grounds for revoking,
16		suspending, or placing on probation is the same or
17		substantially equivalent to grounds in Illinois; or
18		(3) the Department intends to deny licensure by
19		endorsement.
20		(k) (Blank). The Department may revoke a temporary license
21		issued pursuant to this Section if it determines any of the
22		following:
23		(1) That the applicant has been convicted of a crime
24		under the law of any jurisdiction of the United States that
25		is (i) a felony or (ii) a misdemeanor directly related to
26		the practice of the profession, within the last 5 years.

HB0313 Engrossed - 327 - LRB100 04130 SMS 14135 b
1		(2) That within the last 5 years the applicant has had
2		a license or permit related to the practice of nursing
3		revoked, suspended, or placed on probation by another
4		jurisdiction, and at least one of the grounds for revoking,
5		suspending, or placing on probation is the same or
6		substantially equivalent to grounds for disciplinary
7		action under this Act.
8		(3) That the Department intends to deny licensure by
9		endorsement.
10		(l) (Blank). A temporary license shall expire 6 months from
11		the date of issuance. Further renewal may be granted by the
12		Department in hardship cases, as defined by rule and upon
13		approval of the Secretary. However, a temporary license shall
14		automatically expire upon issuance of a valid license under
15		this Act or upon notification that the Department intends to
16		deny licensure, whichever occurs first.
17		(m) All applicants for practical nurse licensure have 3
18		years from the date of application to complete the application
19		process. If the process has not been completed within 3 years
20		from the date of application, the application shall be denied,
21		the fee forfeited, and the applicant must reapply and meet the
22		requirements in effect at the time of reapplication.
23		(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
24		95-639, eff. 10-5-07.)
25		(225 ILCS 65/55-11 new)

HB0313 Engrossed - 328 - LRB100 04130 SMS 14135 b
1		Sec. 55-11. LPN licensure by endorsement.
2		(a) Each applicant who successfully meets the requirements
3		of this Section is eligible for licensure as a licensed
4		practical nurse.
5		(b) An applicant for licensure by endorsement who is a
6		licensed practical nurse licensed by examination under the laws
7		of another United States jurisdiction or a foreign jurisdiction
8		is eligible for licensure when the following requirements are
9		met:
10		(1) the applicant has submitted a completed written
11		application on forms supplied by the Department and fees as
12		established by the Department;
13		(2) the applicant has graduated from a practical
14		nursing education program approved by the Department;
15		(2.5) the applicant has successfully completed a
16		licensure examination approved by the Department;
17		(3) the applicant has been issued a licensed practical
18		nurse license by another United States or foreign
19		jurisdiction, which shall be verified, as defined by rule;
20		(4) the applicant has submitted to the criminal history
21		records check required under Section 50-35 of this Act; and
22		(5) the applicant has met all other requirements as
23		established by the Department by rule.
24		(c) An applicant licensed in another state or territory who
25		is applying for licensure and has received her or his education
26		in a country other than the United States or its territories

HB0313 Engrossed - 329 - LRB100 04130 SMS 14135 b
1		shall have her or his nursing education credentials evaluated
2		by a Department-approved nursing credentialing evaluation
3		service. No such applicant may be issued a license under this
4		Act unless the applicant's program is deemed by the nursing
5		credentialing evaluation service to be equivalent to a
6		professional nursing education program approved by the
7		Department. An applicant who has graduated from a nursing
8		education program outside of the United States or its
9		territories and whose first language is not English shall
10		submit evidence of English proficiency, as defined by rule.
11		(d) A licensed practical nurse who holds an unencumbered
12		license in good standing in another United States jurisdiction
13		and who has applied for practical nurse licensure under this
14		Act by endorsement may be issued a temporary permit if
15		satisfactory proof of such licensure in another jurisdiction is
16		presented to the Department. The Department shall not issue an
17		applicant a temporary practical nurse permit until it is
18		satisfied that the applicant holds an active, unencumbered
19		license in good standing in another jurisdiction. If the
20		applicant holds more than one current active license or one or
21		more active temporary permits from another jurisdiction, the
22		Department may not issue a temporary permit until the
23		Department is satisfied that each current active license held
24		by the applicant is unencumbered. The temporary permit, which
25		shall be issued no later than 14 working days following receipt
26		by the Department of an application for the temporary permit,

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1		shall be granted upon the submission of all of the following to
2		the Department:
3		(1) a completed application for licensure as a
4		practical nurse;
5		(2) proof of a current, active license in at least one
6		other jurisdiction of the United States and proof that each
7		current active license or temporary permit held by the
8		applicant within the last 5 years is unencumbered;
9		(3) a signed and completed application for a temporary
10		permit; and
11		(4) the required temporary permit fee.
12		(e) The Department may refuse to issue an applicant a
13		temporary permit authorized pursuant to this Section if, within
14		14 working days following its receipt of an application for a
15		temporary permit, the Department determines that:
16		(1) the applicant has been convicted of a crime under
17		the laws of a jurisdiction of the United States that is:
18		(i) a felony; or (ii) a misdemeanor directly related to the
19		practice of the profession, within the last 5 years;
20		(2) the applicant has had a license or permit related
21		to the practice of practical nursing revoked, suspended, or
22		placed on probation by another jurisdiction within the last
23		5 years and at least one of the grounds for revoking,
24		suspending, or placing on probation is the same or
25		substantially equivalent to grounds in Illinois; or
26		(3) the Department intends to deny licensure by

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1		endorsement.
2		(f) The Department may revoke a temporary permit issued
3		pursuant to this Section if it determines that:
4		(1) the applicant has been convicted of a crime under
5		the law of any jurisdiction of the United States that is
6		(i) a felony or (ii) a misdemeanor directly related to the
7		practice of the profession, within the last 5 years;
8		(2) within the last 5 years the applicant has had a
9		license or permit related to the practice of nursing
10		revoked, suspended, or placed on probation by another
11		jurisdiction, and at least one of the grounds for revoking,
12		suspending, or placing on probation is the same or
13		substantially equivalent to grounds for disciplinary
14		action under this Act; or
15		(3) the Department intends to deny licensure by
16		endorsement.
17		(g) A temporary permit shall expire 6 months after the date
18		of issuance. Further renewal may be granted by the Department
19		in hardship cases, as defined by rule and upon approval of the
20		Secretary. However, a temporary permit shall automatically
21		expire upon issuance of a valid license under this Act or upon
22		notification that the Department intends to deny licensure,
23		whichever occurs first.
24		(h) All applicants for practical nurse licensure have 3
25		years after the date of application to complete the application
26		process. If the process has not been completed within 3 years

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1		after the date of application, the application shall be denied,
2		the fee forfeited, and the applicant must reapply and meet the
3		requirements in effect at the time of reapplication.
4		(225 ILCS 65/55-20)
5		(Section scheduled to be repealed on January 1, 2018)
6		Sec. 55-20. Restoration of LPN license; temporary permit.
7		(a) Any license to practice practical nursing issued under
8		this Act that has expired or that is on inactive status may be
9		restored by making application to the Department and filing
10		proof of fitness acceptable to the Department, as specified by
11		rule, to have the license restored, and by paying the required
12		restoration fee. Such proof of fitness may include evidence
13		certifying active lawful practice in another jurisdiction.
14		(b) A practical nurse licensee seeking restoration of a
15		license after it has expired or been placed on inactive status
16		for more than 5 years shall file an application, on forms
17		supplied by the Department, and submit the restoration or
18		renewal fees set forth by the Department. The licensee must
19		also submit proof of fitness to practice, as specified by rule.
20		, including one of the following:
21		(1) certification of active practice in another
22		jurisdiction, which may include a statement from the
23		appropriate board or licensing authority in the other
24		jurisdiction that the licensee was authorized to practice
25		during the term of said active practice;

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1		(2) proof of the successful completion of a
2		Department-approved licensure examination; or
3		(3) an affidavit attesting to military service as
4		provided in subsection (c) of this Section; however, if
5		application is made within 2 years after discharge and if
6		all other provisions of subsection (c) of this Section are
7		satisfied, the applicant shall be required to pay the
8		current renewal fee.
9		(c) Notwithstanding any other provision of this Act, any
10		license to practice practical nursing issued under this Act
11		that expired while the licensee was (i) in federal service on
12		active duty with the Armed Forces of the United States or in
13		the State Militia and called into service or training or (ii)
14		in training or education under the supervision of the United
15		States preliminary to induction into the military service may
16		have the license restored without paying any lapsed renewal
17		fees if, within 2 years after honorable termination of such
18		service, training, or education, the applicant furnishes the
19		Department with satisfactory evidence to the effect that the
20		applicant has been so engaged and that the individual's
21		service, training, or education has been so terminated.
22		(d) Any practical nurse licensee who shall engage in the
23		practice of practical nursing with a lapsed license or while on
24		inactive status shall be considered to be practicing without a
25		license, which shall be grounds for discipline under Section
26		70-5 of this Act.

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1		(e) Pending restoration of a license under this Section,
2		the Department may grant an applicant a temporary permit to
3		practice as a practical nurse if the Department is satisfied
4		that the applicant holds an active, unencumbered license in
5		good standing in another jurisdiction. If the applicant holds
6		more than one current active license or one or more active
7		temporary licenses from another jurisdiction, the Department
8		shall not issue a temporary permit until it is satisfied that
9		each current active license held by the applicant is
10		unencumbered. The temporary permit, which shall be issued no
11		later than 14 working days after receipt by the Department of
12		an application for the permit, shall be granted upon the
13		submission of all of the following to the Department:
14		(1) A signed and completed application for restoration
15		of licensure under this Section as a licensed practical
16		nurse.
17		(2) Proof of (i) a current, active license in at least
18		one other jurisdiction and proof that each current, active
19		license or temporary permit held by the applicant is
20		unencumbered or (ii) fitness to practice nursing in this
21		State, as specified by rule.
22		(3) A signed and completed application for a temporary
23		permit.
24		(4) The required permit fee.
25		(f) The Department may refuse to issue to an applicant a
26		temporary permit authorized under this Section if, within 14

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1		working days after its receipt of an application for a
2		temporary permit, the Department determines that:
3		(1) the applicant has been convicted within the last 5
4		years of any crime under the laws of any jurisdiction of
5		the United States that is (i) a felony or (ii) a
6		misdemeanor directly related to the practice of the
7		profession;
8		(2) within the last 5 years, the applicant has had a
9		license or permit related to the practice of nursing
10		revoked, suspended, or placed on probation by another
11		jurisdiction, if at least one of the grounds for revoking,
12		suspending, or placing on probation is the same or
13		substantially equivalent to grounds for disciplinary
14		action under this Act; or
15		(3) the Department intends to deny restoration of the
16		license.
17		(g) The Department may revoke a temporary permit issued
18		under this Section if:
19		(1) the Department determines that the applicant has
20		been convicted within the last 5 years of any crime under
21		the laws of any jurisdiction of the United States that is
22		(i) a felony or (ii) a misdemeanor directly related to the
23		practice of the profession;
24		(2) within the last 5 years, the applicant had a
25		license or permit related to the practice of nursing
26		revoked, suspended, or placed on probation by another

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1		jurisdiction and at least one of the grounds for revoking,
2		suspending, or placing on probation is the same or
3		substantially equivalent to grounds for disciplinary
4		action under this Act; or
5		(3) the Department intends to deny restoration of the
6		license.
7		(h) A temporary permit or renewed temporary permit shall
8		expire (i) upon issuance of a valid license under this Act or
9		(ii) upon notification that the Department intends to deny
10		restoration of licensure. Except as otherwise provided in this
11		Section, the temporary permit shall expire 6 months after the
12		date of issuance. Further renewal may be granted by the
13		Department in hardship cases that shall automatically expire
14		upon issuance of a valid license under this Act or upon
15		notification that the Department intends to deny licensure,
16		whichever occurs first. No extensions shall be granted beyond
17		the 6-month period, unless approved by the Secretary.
18		Notification by the Department under this Section must be by
19		certified or registered mail to the address of record or by
20		email to the email address of record.
21		(Source: P.A. 95-639, eff. 10-5-07.)
22		(225 ILCS 65/55-30)
23		(Section scheduled to be repealed on January 1, 2018)
24		Sec. 55-30. LPN scope of practice.
25		(a) Practice as a licensed practical nurse means a scope of

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1		basic nursing practice, with or without compensation, under the
2		guidance of as delegated by a registered professional nurse or
3		an advanced practice registered nurse, or as directed by a
4		physician assistant, physician, dentist, or podiatric
5		physician, or other health care professionals as determined by
6		the Department, and includes, but is not limited to, all of the
7		following:
8		(1) Conducting a focused nursing assessment and
9		contributing to the ongoing comprehensive nursing
10		assessment of the patient performed by the registered
11		professional nurse. Collecting data and collaborating in
12		the assessment of the health status of a patient.
13		(2) Collaborating in the development and modification
14		of the registered professional nurse's or advanced
15		practice registered nurse's comprehensive nursing plan of
16		care for all types of patients.
17		(3) Implementing aspects of the plan of care as
18		delegated.
19		(4) Participating in health teaching and counseling to
20		promote, attain, and maintain the optimum health level of
21		patients, as delegated.
22		(5) Serving as an advocate for the patient by
23		communicating and collaborating with other health service
24		personnel, as delegated.
25		(6) Participating in the evaluation of patient
26		responses to interventions.

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1		(7) Communicating and collaborating with other health
2		care professionals as delegated.
3		(8) Providing input into the development of policies
4		and procedures to support patient safety.
5		(Source: P.A. 98-214, eff. 8-9-13.)
6		(225 ILCS 65/60-5)
7		(Section scheduled to be repealed on January 1, 2018)
8		Sec. 60-5. RN education program requirements; out-of-State
9		programs.
10		(a) All registered professional nurse education programs
11		must be reviewed by the Board and approved by the Department
12		before the successful completion of such a program may be
13		applied toward meeting the requirements for registered
14		professional nurse licensure under this Act. Any program
15		changing the level of educational preparation or the
16		relationship with or to the parent institution or establishing
17		an extension of an existing program must request a review by
18		the Board and approval by the Department. The Board shall
19		review and make a recommendation for the approval or
20		disapproval of a program by the Department based on the
21		following criteria:
22		(1) a feasibility study that describes the need for the
23		program and the facilities used, the potential of the
24		program to recruit faculty and students, financial support
25		for the program, and other criteria, as established by

HB0313 Engrossed - 339 - LRB100 04130 SMS 14135 b
1		rule;
2		(2) program curriculum that meets all State
3		requirements;
4		(3) the administration of the program by a Nurse
5		Administrator and the involvement of a Nurse Administrator
6		in the development of the program; and
7		(4) the occurrence of a site visit prior to approval;
8		and .
9		(5) beginning December 31, 2022, obtaining and
10		maintaining programmatic accreditation by a national
11		accrediting body for nursing education recognized by the
12		United States Department of Education and approved by the
13		Department.
14		The Department and Board of Nursing shall be notified
15		within 30 days if the program loses its accreditation. The
16		Department may adopt rules regarding a warning process and
17		reaccreditation.
18		(b) In order to obtain initial Department approval and to
19		maintain Department approval, a registered professional
20		nursing program must meet all of the following requirements:
21		(1) The institution responsible for conducting the
22		program and the Nurse Administrator must ensure that
23		individual faculty members are academically and
24		professionally competent.
25		(2) The program curriculum must contain all applicable
26		requirements established by rule, including both theory

HB0313 Engrossed - 340 - LRB100 04130 SMS 14135 b
1		and clinical components.
2		(3) The passage rates of the program's graduating
3		classes on the State-approved licensure exam must be deemed
4		satisfactory by the Department.
5		(c) Program site visits to an institution conducting or
6		hosting a professional nursing program may be made at the
7		discretion of the Nursing Coordinator or upon recommendation of
8		the Board. Full routine site visits may shall be conducted by
9		the Department for periodic evaluation. Such The visits shall
10		be used to determine compliance with this Act. Full routine
11		site visits must be announced and may be waived at the
12		discretion of the Department if the program maintains
13		accreditation with an accrediting body recognized by the United
14		States Department of Education and approved by the Department
15		the National League for Nursing Accrediting Commission (NLNAC)
16		or the Commission on Collegiate Nursing Education (CCNE).
17		(d) Any institution conducting a registered professional
18		nursing program that wishes to discontinue the program must do
19		each of the following:
20		(1) Notify the Department, in writing, of its intent to
21		discontinue the program.
22		(2) Continue to meet the requirements of this Act and
23		the rules adopted thereunder until the official date of
24		termination of the program.
25		(3) Notify the Department of the date on which the last
26		student shall graduate from the program and the program

HB0313 Engrossed - 341 - LRB100 04130 SMS 14135 b
1		shall terminate.
2		(4) Assist remaining students in the continuation of
3		their education in the event of program termination prior
4		to the graduation of the program's final student.
5		(5) Upon the closure of the program, notify the
6		Department, in writing, of the location of student and
7		graduate records' storage.
8		(e) Out-of-State registered professional nursing education
9		programs planning to offer clinical practice experiences in
10		this State must meet the requirements set forth in this Section
11		and must meet the clinical and faculty requirements for
12		institutions outside of this State, as established by rule. The
13		institution responsible for conducting an out-of-State
14		registered professional nursing education program and the
15		administrator of the program shall be responsible for ensuring
16		that the individual faculty and preceptors overseeing the
17		clinical experience are academically and professionally
18		competent.
19		(Source: P.A. 95-639, eff. 10-5-07.)
20		(225 ILCS 65/60-10)
21		(Section scheduled to be repealed on January 1, 2018)
22		Sec. 60-10. RN licensure by examination Qualifications for
23		RN licensure.
24		(a) Each applicant who successfully meets the requirements
25		of this Section is eligible for shall be entitled to licensure

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1		as a registered professional nurse.
2		(b) An applicant for licensure by examination to practice
3		as a registered professional nurse is eligible for licensure
4		when the following requirements are met must do each of the
5		following:
6		(1) the applicant has submitted Submit a completed
7		written application, on forms provided by the Department,
8		and fees, as established by the Department; .
9		(2) the applicant has Have graduated from a
10		professional nursing education program approved by the
11		Department or has have been granted a certificate of
12		completion of pre-licensure requirements from another
13		United States jurisdiction; .
14		(3) the applicant has successfully completed
15		Successfully complete a licensure examination approved by
16		the Department; .
17		(4) (blank); Have not violated the provisions of this
18		Act concerning the grounds for disciplinary action. The
19		Department may take into consideration any felony
20		conviction of the applicant, but such a conviction may not
21		operate as an absolute bar to licensure.
22		(5) the applicant has submitted Submit to the criminal
23		history records check required under Section 50-35 of this
24		Act; .
25		(6) the applicant has submitted Submit, either to the
26		Department or its designated testing service, a fee

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1		covering the cost of providing the examination; failure .
2		Failure to appear for the examination on the scheduled date
3		at the time and place specified after the applicant's
4		application for examination has been received and
5		acknowledged by the Department or the designated testing
6		service shall result in the forfeiture of the examination
7		fee; and .
8		(7) the applicant has met Meet all other requirements
9		established by the Department by rule.
10		An applicant for licensure by examination may take the
11		Department-approved examination in another jurisdiction.
12		(b-5) If an applicant for licensure by examination
13		neglects, fails, or refuses to take an examination or fails to
14		pass an examination for a license within 3 years of the date of
15		initial application after filing the application, the
16		application shall be denied. When an applicant's application is
17		denied due to the failure to pass the examination within the
18		3-year period, that applicant must undertake an additional
19		course of education as defined by rule prior to submitting a
20		new application for licensure. Any new application must be
21		accompanied by the required fee, evidence of meeting the
22		requirements in force at the time of the new application, and
23		evidence of completion of the additional course of education
24		prescribed by rule. The applicant may make a new application
25		accompanied by the required fee, evidence of meeting the
26		requirements in force at the time of the new application, and

HB0313 Engrossed - 344 - LRB100 04130 SMS 14135 b
1		proof of the successful completion of at least 2 additional
2		years of professional nursing education.
3		(c) An applicant for licensure by examination shall have
4		one year after the date of notification of the successful
5		completion of the examination to apply to the Department for a
6		license. If an applicant fails to apply within one year, the
7		applicant shall be required to retake and pass the examination
8		unless licensed in another jurisdiction of the United States.
9		(d) An applicant for licensure by examination who passes
10		the Department-approved licensure examination for professional
11		nursing may obtain employment as a license-pending registered
12		nurse and practice under the direction of a registered
13		professional nurse or an advanced practice registered nurse
14		until such time as he or she receives his or her license to
15		practice or until the license is denied. In no instance shall
16		any such applicant practice or be employed in any management
17		capacity. An individual may be employed as a license-pending
18		registered nurse if all of the following criteria are met:
19		(1) He or she has completed and passed the
20		Department-approved licensure exam and presents to the
21		employer the official written notification indicating
22		successful passage of the licensure examination.
23		(2) He or she has completed and submitted to the
24		Department an application for licensure under this Section
25		as a registered professional nurse.
26		(3) He or she has submitted the required licensure fee.

HB0313 Engrossed - 345 - LRB100 04130 SMS 14135 b
1		(4) He or she has met all other requirements
2		established by rule, including having submitted to a
3		criminal history records check.
4		(e) The privilege to practice as a license-pending
5		registered nurse shall terminate with the occurrence of any of
6		the following:
7		(1) Three months have passed since the official date of
8		passing the licensure exam as inscribed on the formal
9		written notification indicating passage of the exam. The
10		3-month license pending period may be extended if more time
11		is needed by the Department to process the licensure
12		application.
13		(2) Receipt of the registered professional nurse
14		license from the Department.
15		(3) Notification from the Department that the
16		application for licensure has been refused.
17		(4) A request by the Department that the individual
18		terminate practicing as a license-pending registered nurse
19		until an official decision is made by the Department to
20		grant or deny a registered professional nurse license.
21		(f) (Blank). An applicant for registered professional
22		nurse licensure by endorsement who is a registered professional
23		nurse licensed by examination under the laws of another state
24		or territory of the United States must do each of the
25		following:
26		(1) Submit a completed written application, on forms

HB0313 Engrossed - 346 - LRB100 04130 SMS 14135 b
1		supplied by the Department, and fees as established by the
2		Department.
3		(2) Have graduated from a registered professional
4		nursing education program approved by the Department.
5		(3) Submit verification of licensure status directly
6		from the United States jurisdiction of licensure, if
7		applicable, as defined by rule.
8		(4) Submit to the criminal history records check
9		required under Section 50-35 of this Act.
10		(5) Meet all other requirements as established by the
11		Department by rule.
12		(g) (Blank). Pending the issuance of a license under this
13		Section, the Department may grant an applicant a temporary
14		license to practice nursing as a registered professional nurse
15		if the Department is satisfied that the applicant holds an
16		active, unencumbered license in good standing in another U.S.
17		jurisdiction. If the applicant holds more than one current
18		active license or one or more active temporary licenses from
19		another jurisdiction, the Department may not issue a temporary
20		license until the Department is satisfied that each current
21		active license held by the applicant is unencumbered. The
22		temporary license, which shall be issued no later than 14
23		working days after receipt by the Department of an application
24		for the temporary license, shall be granted upon the submission
25		of all of the following to the Department:
26		(1) A completed application for licensure as a

HB0313 Engrossed - 347 - LRB100 04130 SMS 14135 b
1		registered professional nurse.
2		(2) Proof of a current, active license in at least one
3		other jurisdiction of the United States and proof that each
4		current active license or temporary license held by the
5		applicant within the last 5 years is unencumbered.
6		(3) A completed application for a temporary license.
7		(4) The required temporary license fee.
8		(h) (Blank). The Department may refuse to issue an
9		applicant a temporary license authorized pursuant to this
10		Section if, within 14 working days after its receipt of an
11		application for a temporary license, the Department determines
12		that:
13		(1) the applicant has been convicted of a crime under
14		the laws of a jurisdiction of the United States that is (i)
15		a felony or (ii) a misdemeanor directly related to the
16		practice of the profession, within the last 5 years;
17		(2) the applicant has had a license or permit related
18		to the practice of nursing revoked, suspended, or placed on
19		probation by another jurisdiction within the last 5 years,
20		if at least one of the grounds for revoking, suspending, or
21		placing on probation is the same or substantially
22		equivalent to grounds for disciplinary action under this
23		Act; or
24		(3) the Department intends to deny licensure by
25		endorsement.
26		(i) (Blank). The Department may revoke a temporary license

HB0313 Engrossed - 348 - LRB100 04130 SMS 14135 b
1		issued pursuant to this Section if it determines any of the
2		following:
3		(1) That the applicant has been convicted of a crime
4		under the laws of any jurisdiction of the United States
5		that is (i) a felony or (ii) a misdemeanor directly related
6		to the practice of the profession, within the last 5 years.
7		(2) That within the last 5 years, the applicant has had
8		a license or permit related to the practice of nursing
9		revoked, suspended, or placed on probation by another
10		jurisdiction, if at least one of the grounds for revoking,
11		suspending, or placing on probation is the same or
12		substantially equivalent to grounds for disciplinary
13		action under this Act.
14		(3) That it intends to deny licensure by endorsement.
15		(j) (Blank). A temporary license issued under this Section
16		shall expire 6 months after the date of issuance. Further
17		renewal may be granted by the Department in hardship cases, as
18		defined by rule and upon approval of the Secretary. However, a
19		temporary license shall automatically expire upon issuance of
20		the Illinois license or upon notification that the Department
21		intends to deny licensure, whichever occurs first.
22		(k) All applicants for registered professional nurse
23		licensure have 3 years after the date of application to
24		complete the application process. If the process has not been
25		completed within 3 years after the date of application, the
26		application shall be denied, the fee forfeited, and the

HB0313 Engrossed - 349 - LRB100 04130 SMS 14135 b
1		applicant must reapply and meet the requirements in effect at
2		the time of reapplication.
3		(l) All applicants for registered nurse licensure by
4		examination or endorsement who are graduates of practical
5		nursing educational programs in a country other than the United
6		States and its territories shall have their nursing education
7		credentials evaluated by a Department-approved nursing
8		credentialing evaluation service. No such applicant may be
9		issued a license under this Act unless the applicant's program
10		is deemed by the nursing credentialing evaluation service to be
11		equivalent to a professional nursing education program
12		approved by the Department. An applicant who has graduated from
13		a nursing educational program outside of the United States or
14		its territories and whose first language is not English shall
15		submit evidence of English proficiency certification of
16		passage of the Test of English as a Foreign Language (TOEFL),
17		as defined by rule. The Department may, upon recommendation
18		from the nursing evaluation service, waive the requirement that
19		the applicant pass the TOEFL examination if the applicant
20		submits verification of the successful completion of a nursing
21		education program conducted in English. The requirements of
22		this subsection (l) may be satisfied by the showing of proof of
23		a certificate from the Certificate Program or the VisaScreen
24		Program of the Commission on Graduates of Foreign Nursing
25		Schools.
26		(m) (Blank). An applicant licensed in another state or

HB0313 Engrossed - 350 - LRB100 04130 SMS 14135 b
1		territory who is applying for licensure and has received her or
2		his education in a country other than the United States or its
3		territories shall have her or his nursing education credentials
4		evaluated by a Department-approved nursing credentialing
5		evaluation service. No such applicant may be issued a license
6		under this Act unless the applicant's program is deemed by the
7		nursing credentialing evaluation service to be equivalent to a
8		professional nursing education program approved by the
9		Department. An applicant who has graduated from a nursing
10		educational program outside of the United States or its
11		territories and whose first language is not English shall
12		submit certification of passage of the Test of English as a
13		Foreign Language (TOEFL), as defined by rule. The Department
14		may, upon recommendation from the nursing evaluation service,
15		waive the requirement that the applicant pass the TOEFL
16		examination if the applicant submits verification of the
17		successful completion of a nursing education program conducted
18		in English or the successful passage of an approved licensing
19		examination given in English. The requirements of this
20		subsection (m) may be satisfied by the showing of proof of a
21		certificate from the Certificate Program or the VisaScreen
22		Program of the Commission on Graduates of Foreign Nursing
23		Schools.
24		(Source: P.A. 95-639, eff. 10-5-07.)
25		(225 ILCS 65/60-11 new)

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1		Sec. 60-11. RN licensure by endorsement.
2		(a) Each applicant who successfully meets the requirements
3		of this Section is eligible for licensure as a registered
4		professional nurse.
5		(b) An applicant for registered professional nurse
6		licensure by endorsement who is a registered professional nurse
7		licensed by examination under the laws of another United States
8		jurisdiction or a foreign jurisdiction is eligible for
9		licensure when the following requirements are met:
10		(1) the applicant has submitted a completed written
11		application, on forms supplied by the Department, and fees
12		as established by the Department;
13		(2) the applicant has graduated from a registered
14		professional nursing education program approved by the
15		Department;
16		(2.5) the applicant has successfully completed a
17		licensure examination approved by the Department;
18		(3) the applicant has been issued a registered
19		professional nurse license by another United States or
20		foreign jurisdiction, which shall be verified, as defined
21		by rule;
22		(4) the applicant has submitted to the criminal history
23		records check required under Section 50-35 of this Act; and
24		(5) the applicant has met all other requirements as
25		established by the Department by rule.
26		(c) Pending the issuance of a license under this Section,

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1		the Department may grant an applicant a temporary permit to
2		practice nursing as a registered professional nurse if the
3		Department is satisfied that the applicant holds an active,
4		unencumbered license in good standing in another United States
5		jurisdiction. If the applicant holds more than one current
6		active license or one or more active temporary licenses from
7		another jurisdiction, the Department may not issue a temporary
8		permit until the Department is satisfied that each current
9		active license held by the applicant is unencumbered. The
10		temporary permit, which shall be issued no later than 14
11		working days after receipt by the Department of an application
12		for the temporary permit, shall be granted upon the submission
13		of all of the following to the Department:
14		(1) a completed application for licensure as a
15		registered professional nurse;
16		(2) proof of a current, active license in at least one
17		other jurisdiction of the United States and proof that each
18		current active license or temporary license held by the
19		applicant within the last 5 years is unencumbered;
20		(3) a completed application for a temporary permit; and
21		(4) the required temporary permit fee.
22		(d) The Department may refuse to issue an applicant a
23		temporary permit authorized pursuant to this Section if, within
24		14 working days after its receipt of an application for a
25		temporary permit, the Department determines that:
26		(1) the applicant has been convicted of a crime under

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1		the laws of a jurisdiction of the United States that is (i)
2		a felony or (ii) a misdemeanor directly related to the
3		practice of the profession, within the last 5 years;
4		(2) the applicant has had a license or permit related
5		to the practice of nursing revoked, suspended, or placed on
6		probation by another jurisdiction within the last 5 years,
7		if at least one of the grounds for revoking, suspending, or
8		placing on probation is the same or substantially
9		equivalent to grounds for disciplinary action under this
10		Act; or
11		(3) the Department intends to deny licensure by
12		endorsement.
13		(e) The Department may revoke a temporary permit issued
14		pursuant to this Section if it determines that:
15		(1) the applicant has been convicted of a crime under
16		the laws of any jurisdiction of the United States that is
17		(i) a felony or (ii) a misdemeanor directly related to the
18		practice of the profession, within the last 5 years;
19		(2) within the last 5 years, the applicant has had a
20		license or permit related to the practice of nursing
21		revoked, suspended, or placed on probation by another
22		jurisdiction, if at least one of the grounds for revoking,
23		suspending, or placing on probation is the same or
24		substantially equivalent to grounds for disciplinary
25		action under this Act; or
26		(3) the Department intends to deny licensure by

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1		endorsement.
2		(f) A temporary permit issued under this Section shall
3		expire 6 months after the date of issuance. Further renewal may
4		be granted by the Department in hardship cases, as defined by
5		rule and upon approval of the Secretary. However, a temporary
6		permit shall automatically expire upon issuance of the Illinois
7		license or upon notification that the Department intends to
8		deny licensure, whichever occurs first.
9		(g) All applicants for registered professional nurse
10		licensure have 3 years after the date of application to
11		complete the application process. If the process has not been
12		completed within 3 years after the date of application, the
13		application shall be denied, the fee forfeited, and the
14		applicant must reapply and meet the requirements in effect at
15		the time of reapplication.
16		(h) An applicant licensed in another state or territory who
17		is applying for licensure and has received her or his education
18		in a country other than the United States or its territories
19		shall have her or his nursing education credentials evaluated
20		by a Department-approved nursing credentialing evaluation
21		service. No such applicant may be issued a license under this
22		Act unless the applicant's program is deemed by the nursing
23		credentialing evaluation service to be equivalent to a
24		professional nursing education program approved by the
25		Department. An applicant who has graduated from a nursing
26		education program outside of the United States or its

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1		territories and whose first language is not English shall
2		submit evidence of English proficiency, as defined by rule.
3		(225 ILCS 65/60-25)
4		(Section scheduled to be repealed on January 1, 2018)
5		Sec. 60-25. Restoration of RN license; temporary permit.
6		(a) Any license to practice professional nursing issued
7		under this Act that has expired or that is on inactive status
8		may be restored by making application to the Department and
9		filing proof of fitness acceptable to the Department as
10		specified by rule to have the license restored and by paying
11		the required restoration fee. Such proof of fitness may include
12		evidence certifying active lawful practice in another
13		jurisdiction.
14		(b) A licensee seeking restoration of a license after it
15		has expired or been placed on inactive status for more than 5
16		years shall file an application, on forms supplied by the
17		Department, and submit the restoration or renewal fees set
18		forth by the Department. The licensee shall also submit proof
19		of fitness to practice as specified by rule. , including one of
20		the following:
21		(1) Certification of active practice in another
22		jurisdiction, which may include a statement from the
23		appropriate board or licensing authority in the other
24		jurisdiction that the licensee was authorized to practice
25		during the term of said active practice.

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1		(2) Proof of the successful completion of a
2		Department-approved licensure examination.
3		(3) An affidavit attesting to military service as
4		provided in subsection (c) of this Section; however, if
5		application is made within 2 years after discharge and if
6		all other provisions of subsection (c) of this Section are
7		satisfied, the applicant shall be required to pay the
8		current renewal fee.
9		(c) Any registered professional nurse license issued under
10		this Act that expired while the licensee was (1) in federal
11		service on active duty with the Armed Forces of the United
12		States or in the State Militia called into service or training
13		or (2) in training or education under the supervision of the
14		United States preliminary to induction into the military
15		service may have the license restored without paying any lapsed
16		renewal fees if, within 2 years after honorable termination of
17		such service, training, or education, the applicant furnishes
18		the Department with satisfactory evidence to the effect that
19		the applicant has been so engaged and that the individual's
20		service, training, or education has been so terminated.
21		(d) Any licensee who engages in the practice of
22		professional nursing with a lapsed license or while on inactive
23		status shall be considered to be practicing without a license,
24		which shall be grounds for discipline under Section 70-5 of
25		this Act.
26		(e) Pending restoration of a registered professional nurse

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1		license under this Section, the Department may grant an
2		applicant a temporary permit to practice as a registered
3		professional nurse if the Department is satisfied that the
4		applicant holds an active, unencumbered license in good
5		standing in another jurisdiction. If the applicant holds more
6		than one current active license or one or more active temporary
7		licenses from another jurisdiction, the Department shall not
8		issue a temporary permit until it is satisfied that each
9		current active license held by the applicant is unencumbered.
10		The temporary permit, which shall be issued no later than 14
11		working days after receipt by the Department of an application
12		for the permit, shall be granted upon the submission of all of
13		the following to the Department:
14		(1) A signed and completed application for restoration
15		of licensure under this Section as a registered
16		professional nurse.
17		(2) Proof of (i) a current, active license in at least
18		one other jurisdiction and proof that each current, active
19		license or temporary permit held by the applicant is
20		unencumbered or (ii) fitness to practice nursing in
21		Illinois, as specified by rule.
22		(3) A signed and completed application for a temporary
23		permit.
24		(4) The required permit fee.
25		(f) The Department may refuse to issue to an applicant a
26		temporary permit authorized under this Section if, within 14

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1		working days after its receipt of an application for a
2		temporary permit, the Department determines that:
3		(1) the applicant has been convicted within the last 5
4		years of any crime under the laws of any jurisdiction of
5		the United States that is (i) a felony or (ii) a
6		misdemeanor directly related to the practice of the
7		profession;
8		(2) within the last 5 years the applicant had a license
9		or permit related to the practice of nursing revoked,
10		suspended, or placed on probation by another jurisdiction
11		if at least one of the grounds for revoking, suspending, or
12		placing on probation is the same or substantially
13		equivalent to grounds for disciplinary action under this
14		Act; or
15		(3) the Department intends to deny restoration of the
16		license.
17		(g) The Department may revoke a temporary permit issued
18		under this Section if:
19		(1) the Department determines that the applicant has
20		been convicted within the last 5 years of any crime under
21		the laws of any jurisdiction of the United States that is
22		(i) a felony or (ii) a misdemeanor directly related to the
23		practice of the profession;
24		(2) within the last 5 years, the applicant had a
25		license or permit related to the practice of nursing
26		revoked, suspended, or placed on probation by another

HB0313 Engrossed - 359 - LRB100 04130 SMS 14135 b
1		jurisdiction, if at least one of the grounds for revoking,
2		suspending, or placing on probation is the same or
3		substantially equivalent to grounds in Illinois; or
4		(3) the Department intends to deny restoration of the
5		license.
6		(h) A temporary permit or renewed temporary permit shall
7		expire (i) upon issuance of an Illinois license or (ii) upon
8		notification that the Department intends to deny restoration of
9		licensure. A temporary permit shall expire 6 months from the
10		date of issuance. Further renewal may be granted by the
11		Department, in hardship cases, that shall automatically expire
12		upon issuance of the Illinois license or upon notification that
13		the Department intends to deny licensure, whichever occurs
14		first. No extensions shall be granted beyond the 6-month period
15		unless approved by the Secretary. Notification by the
16		Department under this Section must be by certified or
17		registered mail to the address of record or by email to the
18		email address of record.
19		(Source: P.A. 95-639, eff. 10-5-07.)
20		(225 ILCS 65/60-35)
21		(Section scheduled to be repealed on January 1, 2018)
22		Sec. 60-35. RN scope of practice. The RN scope of nursing
23		practice is the protection, promotion, and optimization of
24		health and abilities, the prevention of illness and injury, the
25		development and implementation of the nursing plan of care, the

HB0313 Engrossed - 360 - LRB100 04130 SMS 14135 b
1		facilitation of nursing interventions to alleviate suffering,
2		care coordination, and advocacy in the care of individuals,
3		families, groups, communities, and populations. Practice as a
4		registered professional nurse means this full scope of nursing,
5		with or without compensation, that incorporates caring for all
6		patients in all settings, through nursing standards of practice
7		and professional performance for coordination of care, and may
8		include, but is not limited to, all of the following:
9		(1) Collecting pertinent data and information relative
10		to the patient's health or the situation on an ongoing
11		basis through the comprehensive nursing assessment.
12		(2) Analyzing comprehensive nursing assessment data to
13		determine actual or potential diagnoses, problems, and
14		issues.
15		(3) Identifying expected outcomes for a plan
16		individualized to the patient or the situation that
17		prescribes strategies to attain expected, measurable
18		outcomes.
19		(4) Implementing the identified plan, coordinating
20		care delivery, employing strategies to promote healthy and
21		safe environments, and administering or delegating
22		medication administration according to Section 50-75 of
23		this Act.
24		(5) Evaluating patient progress toward attainment of
25		goals and outcomes.
26		(6) Delegating nursing interventions to implement the

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1		plan of care.
2		(7) Providing health education and counseling.
3		(7.5) Advocating for the patient.
4		(8) Practicing ethically according to the American
5		Nurses Association Code of Ethics.
6		(9) Practicing in a manner that recognizes cultural
7		diversity.
8		(10) Communicating effectively in all areas of
9		practice.
10		(11) Collaborating with patients and other key
11		stakeholders in the conduct of nursing practice.
12		(12) Participating in continuous professional
13		development.
14		(13) Teaching the theory and practice of nursing to
15		student nurses.
16		(14) Leading within the professional practice setting
17		and the profession.
18		(15) Contributing to quality nursing practice.
19		(16) Integrating evidence and research findings into
20		practice.
21		(17) Utilizing appropriate resources to plan, provide,
22		and sustain evidence-based nursing services that are safe
23		and effective.
24		(a) Practice as a registered professional nurse means the
25		full scope of nursing, with or without compensation, that
26		incorporates caring for all patients in all settings, through

HB0313 Engrossed - 362 - LRB100 04130 SMS 14135 b
1		nursing standards recognized by the Department, and includes,
2		but is not limited to, all of the following:
3		(1) The comprehensive nursing assessment of the health
4		status of patients that addresses changes to patient
5		conditions.
6		(2) The development of a plan of nursing care to be
7		integrated within the patient-centered health care plan
8		that establishes nursing diagnoses, and setting goals to
9		meet identified health care needs, determining nursing
10		interventions, and implementation of nursing care through
11		the execution of nursing strategies and regimens ordered or
12		prescribed by authorized healthcare professionals.
13		(3) The administration of medication or delegation of
14		medication administration to licensed practical nurses.
15		(4) Delegation of nursing interventions to implement
16		the plan of care.
17		(5) The provision for the maintenance of safe and
18		effective nursing care rendered directly or through
19		delegation.
20		(6) Advocating for patients.
21		(7) The evaluation of responses to interventions and
22		the effectiveness of the plan of care.
23		(8) Communicating and collaborating with other health
24		care professionals.
25		(9) The procurement and application of new knowledge
26		and technologies.

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1		(10) The provision of health education and counseling.
2		(11) Participating in development of policies,
3		procedures, and systems to support patient safety.
4		(Source: P.A. 95-639, eff. 10-5-07.)
5		(225 ILCS 65/Art. 65 heading)
6		ARTICLE 65. ADVANCED PRACTICE REGISTERED NURSES
7		(Article scheduled to be repealed on January 1, 2018)
8		(Source: P.A. 95-639, eff. 10-5-07.)
9		(225 ILCS 65/65-5) (was 225 ILCS 65/15-10)
10		(Section scheduled to be repealed on January 1, 2018)
11		Sec. 65-5. Qualifications for APRN APN licensure.
12		(a) Each applicant who successfully meets the requirements
13		of this Section is eligible for shall be entitled to licensure
14		as an advanced practice registered nurse.
15		(b) An applicant for licensure to practice as an advanced
16		practice registered nurse is eligible for licensure when the
17		following requirements are met must do each of the following:
18		(1) the applicant has submitted Submit a completed
19		application and any fees as established by the Department; .
20		(2) the applicant holds Hold a current license to
21		practice as a registered professional nurse under this
22		Act; .
23		(3) the applicant has Have successfully completed
24		requirements to practice as, and holds and maintains

HB0313 Engrossed - 364 - LRB100 04130 SMS 14135 b
1		current, national certification as, a nurse midwife,
2		clinical nurse specialist, nurse practitioner, or
3		certified registered nurse anesthetist from the
4		appropriate national certifying body as determined by rule
5		of the Department; .
6		(4) the applicant has Have obtained a graduate degree
7		appropriate for national certification in a clinical
8		advanced practice registered nursing specialty or a
9		graduate degree or post-master's certificate from a
10		graduate level program in a clinical advanced practice
11		registered nursing specialty; .
12		(5) (blank); Have not violated the provisions of this
13		Act concerning the grounds for disciplinary action. The
14		Department may take into consideration any felony
15		conviction of the applicant, but such a conviction may not
16		operate as an absolute bar to licensure.
17		(6) the applicant has submitted Submit to the criminal
18		history records check required under Section 50-35 of this
19		Act; and .
20		(7) if applicable, the applicant has submitted
21		verification of licensure status in another jurisdiction,
22		as provided by rule.
23		(b-5) A registered professional nurse seeking licensure as
24		an advanced practice registered nurse in the category of
25		certified registered nurse anesthetist who does not have a
26		graduate degree as described in subsection (b) of this Section

HB0313 Engrossed - 365 - LRB100 04130 SMS 14135 b
1		shall be qualified for licensure if that person:
2		(1) submits evidence of having successfully completed
3		a nurse anesthesia program described in item (4) of
4		subsection (b) of this Section prior to January 1, 1999;
5		(2) submits evidence of certification as a registered
6		nurse anesthetist by an appropriate national certifying
7		body; and
8		(3) has continually maintained active, up-to-date
9		recertification status as a certified registered nurse
10		anesthetist by an appropriate national recertifying body.
11		(b-10) The Department may shall issue a certified
12		registered nurse anesthetist license to an APRN APN who (i)
13		does not have a graduate degree, (ii) applies for licensure
14		before July 1, 2018, and (iii) submits all of the following to
15		the Department:
16		(1) His or her current State registered nurse license
17		number.
18		(2) Proof of current national certification, which
19		includes the completion of an examination from either of
20		the following:
21		(A) the Council on Certification of the American
22		Association of Nurse Anesthetists; or
23		(B) the Council on Recertification of the American
24		Association of Nurse Anesthetists.
25		(3) Proof of the successful completion of a post-basic
26		advanced practice formal education program in the area of

HB0313 Engrossed - 366 - LRB100 04130 SMS 14135 b
1		nurse anesthesia prior to January 1, 1999.
2		(4) His or her complete work history for the 5-year
3		period immediately preceding the date of his or her
4		application.
5		(5) Verification of licensure as an advanced practice
6		registered nurse from the state in which he or she was
7		originally licensed, current state of licensure, and any
8		other state in which he or she has been actively practicing
9		as an advanced practice registered nurse within the 5-year
10		period immediately preceding the date of his or her
11		application. If applicable, this verification must state:
12		(A) the time during which he or she was licensed in
13		each state, including the date of the original issuance
14		of each license; and
15		(B) any disciplinary action taken or pending
16		concerning any nursing license held, currently or in
17		the past, by the applicant.
18		(6) The required fee.
19		(c) Those applicants seeking licensure in more than one
20		advanced practice registered nursing specialty need not
21		possess multiple graduate degrees. Applicants may be eligible
22		for licenses for multiple advanced practice registered nurse
23		licensure specialties, provided that the applicant (i) has met
24		the requirements for at least one advanced practice registered
25		nursing specialty under paragraphs (3) and (5) of subsection
26		(a) of this Section, (ii) possesses an additional graduate

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1		education that results in a certificate for another clinical
2		advanced practice registered nurse specialty and that meets the
3		requirements for the national certification from the
4		appropriate nursing specialty, and (iii) holds a current
5		national certification from the appropriate national
6		certifying body for that additional advanced practice
7		registered nursing specialty.
8		(Source: P.A. 98-837, eff. 1-1-15.)
9		(225 ILCS 65/65-10) (was 225 ILCS 65/15-13)
10		(Section scheduled to be repealed on January 1, 2018)
11		Sec. 65-10. APRN APN license pending status.
12		(a) A graduate of an advanced practice registered nursing
13		program may practice in the State of Illinois in the role of
14		certified clinical nurse specialist, certified nurse midwife,
15		certified nurse practitioner, or certified registered nurse
16		anesthetist for not longer than 6 months provided he or she
17		submits all of the following:
18		(1) An application for licensure as an advanced
19		practice registered nurse in Illinois and all fees
20		established by rule.
21		(2) Proof of an application to take the national
22		certification examination in the specialty.
23		(3) Proof of completion of a graduate advanced practice
24		education program that allows the applicant to be eligible
25		for national certification in a clinical advanced practice

HB0313 Engrossed - 368 - LRB100 04130 SMS 14135 b
1		registered nursing specialty and that allows the applicant
2		to be eligible for licensure in Illinois in the area of his
3		or her specialty.
4		(4) Proof that he or she is licensed in Illinois as a
5		registered professional nurse.
6		(b) License pending status shall preclude delegation of
7		prescriptive authority.
8		(c) A graduate practicing in accordance with this Section
9		must use the title "license pending certified clinical nurse
10		specialist", "license pending certified nurse midwife",
11		"license pending certified nurse practitioner", or "license
12		pending certified registered nurse anesthetist", whichever is
13		applicable.
14		(Source: P.A. 97-813, eff. 7-13-12.)
15		(225 ILCS 65/65-15)
16		(Section scheduled to be repealed on January 1, 2018)
17		Sec. 65-15. Expiration of APRN APN license; renewal.
18		(a) The expiration date and renewal period for each
19		advanced practice registered nurse license issued under this
20		Act shall be set by rule. The holder of a license may renew the
21		license during the month preceding the expiration date of the
22		license by paying the required fee. It is the responsibility of
23		the licensee to notify the Department in writing of a change of
24		address.
25		(b) On and after May 30, 2020, except as provided in

HB0313 Engrossed - 369 - LRB100 04130 SMS 14135 b
1		subsections (c) and (d) of this Section, each advanced practice
2		registered nurse is required to show proof of continued,
3		current national certification in the specialty.
4		(c) An advanced practice registered nurse who does not meet
5		the educational requirements necessary to obtain national
6		certification but has continuously held an unencumbered
7		license under this Act since 2001 shall not be required to show
8		proof of national certification in the specialty to renew his
9		or her advanced practice registered nurse license.
10		(d) The Department may renew the license of an advanced
11		practice registered nurse who applies for renewal of his or her
12		license on or before May 30, 2016 and is unable to provide
13		proof of continued, current national certification in the
14		specialty but complies with all other renewal requirements.
15		(e) Any advanced practice registered nurse license renewed
16		on and after May 31, 2016 based on the changes made to this
17		Section by this amendatory Act of the 99th General Assembly
18		shall be retroactive to the expiration date.
19		(Source: P.A. 99-505, eff. 5-27-16.)
20		(225 ILCS 65/65-20)
21		(Section scheduled to be repealed on January 1, 2018)
22		Sec. 65-20. Restoration of APRN APN license; temporary
23		permit.
24		(a) Any license issued under this Act that has expired or
25		that is on inactive status may be restored by making

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1		application to the Department and filing proof of fitness
2		acceptable to the Department as specified by rule to have the
3		license restored and by paying the required restoration fee.
4		Such proof of fitness may include evidence certifying active
5		lawful practice in another jurisdiction.
6		(b) A licensee seeking restoration of a license after it
7		has expired or been placed on inactive status for more than 5
8		years shall file an application, on forms supplied by the
9		Department, and submit the restoration or renewal fees set
10		forth by the Department. The licensee shall also submit proof
11		of fitness to practice as specified by rule. , including one of
12		the following:
13		(1) Certification of active practice in another
14		jurisdiction, which may include a statement from the
15		appropriate board or licensing authority in the other
16		jurisdiction in which the licensee was authorized to
17		practice during the term of said active practice.
18		(2) Proof of the successful completion of a
19		Department-approved licensure examination.
20		(3) An affidavit attesting to military service as
21		provided in subsection (c) of this Section; however, if
22		application is made within 2 years after discharge and if
23		all other provisions of subsection (c) of this Section are
24		satisfied, the applicant shall be required to pay the
25		current renewal fee.
26		(4) Other proof as established by rule.

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1		(c) Any advanced practice registered nurse license issued
2		under this Act that expired while the licensee was (1) in
3		federal service on active duty with the Armed Forces of the
4		United States or in the State Militia called into service or
5		training or (2) in training or education under the supervision
6		of the United States preliminary to induction into the military
7		service may have the license restored without paying any lapsed
8		renewal fees if, within 2 years after honorable termination of
9		such service, training, or education, the applicant furnishes
10		the Department with satisfactory evidence to the effect that
11		the applicant has been so engaged and that the individual's
12		service, training, or education has been so terminated.
13		(d) Any licensee who engages in the practice of advanced
14		practice registered nursing with a lapsed license or while on
15		inactive status shall be considered to be practicing without a
16		license, which shall be grounds for discipline under Section
17		70-5 of this Act.
18		(e) Pending restoration of an advanced practice registered
19		nurse license under this Section, the Department may grant an
20		applicant a temporary permit to practice as an advanced
21		practice registered nurse if the Department is satisfied that
22		the applicant holds an active, unencumbered license in good
23		standing in another jurisdiction. If the applicant holds more
24		than one current, active license or one or more active
25		temporary licenses from another jurisdiction, the Department
26		shall not issue a temporary permit until it is satisfied that

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1		each current active license held by the applicant is
2		unencumbered. The temporary permit, which shall be issued no
3		later than 14 working days after receipt by the Department of
4		an application for the permit, shall be granted upon the
5		submission of all of the following to the Department:
6		(1) A signed and completed application for restoration
7		of licensure under this Section as an advanced practice
8		registered nurse.
9		(2) Proof of (i) a current, active license in at least
10		one other jurisdiction and proof that each current, active
11		license or temporary permit held by the applicant is
12		unencumbered or (ii) fitness to practice nursing in
13		Illinois, as specified by rule.
14		(3) A signed and completed application for a temporary
15		permit.
16		(4) The required permit fee.
17		(5) Other proof as established by rule.
18		(f) The Department may refuse to issue to an applicant a
19		temporary permit authorized under this Section if, within 14
20		working days after its receipt of an application for a
21		temporary permit, the Department determines that:
22		(1) the applicant has been convicted within the last 5
23		years of any crime under the laws of any jurisdiction of
24		the United States that is (i) a felony or (ii) a
25		misdemeanor directly related to the practice of the
26		profession;

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1		(2) within the last 5 years, the applicant had a
2		license or permit related to the practice of nursing
3		revoked, suspended, or placed on probation by another
4		jurisdiction if at least one of the grounds for revoking,
5		suspending, or placing on probation is the same or
6		substantially equivalent to grounds for disciplinary
7		action under this Act; or
8		(3) the Department intends to deny restoration of the
9		license.
10		(g) The Department may revoke a temporary permit issued
11		under this Section if:
12		(1) the Department determines that the applicant has
13		been convicted within the last 5 years of any crime under
14		the laws of any jurisdiction of the United States that is
15		(i) a felony or (ii) a misdemeanor directly related to the
16		practice of the profession;
17		(2) within the last 5 years, the applicant had a
18		license or permit related to the practice of nursing
19		revoked, suspended, or placed on probation by another
20		jurisdiction, if at least one of the grounds for revoking,
21		suspending, or placing on probation is the same or
22		substantially equivalent to grounds in Illinois; or
23		(3) the Department intends to deny restoration of the
24		license.
25		(h) A temporary permit or renewed temporary permit shall
26		expire (i) upon issuance of an Illinois license or (ii) upon

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1		notification that the Department intends to deny restoration of
2		licensure. Except as otherwise provided in this Section, a
3		temporary permit shall expire 6 months from the date of
4		issuance. Further renewal may be granted by the Department in
5		hardship cases that shall automatically expire upon issuance of
6		the Illinois license or upon notification that the Department
7		intends to deny licensure, whichever occurs first. No
8		extensions shall be granted beyond the 6-month period unless
9		approved by the Secretary. Notification by the Department under
10		this Section must be by certified or registered mail to the
11		address of record or by email to the email address of record.
12		(Source: P.A. 95-639, eff. 10-5-07.)
13		(225 ILCS 65/65-25)
14		(Section scheduled to be repealed on January 1, 2018)
15		Sec. 65-25. Inactive status of a APRN APN license. Any
16		advanced practice registered nurse who notifies the Department
17		in writing on forms prescribed by the Department may elect to
18		place his or her license on inactive status and shall, subject
19		to rules of the Department, be excused from payment of renewal
20		fees until notice is given to the Department in writing of his
21		or her intent to restore the license.
22		Any advanced practice registered nurse requesting
23		restoration from inactive status shall be required to pay the
24		current renewal fee and shall be required to restore his or her
25		license, as provided by rule of the Department.

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1		Any advanced practice registered nurse whose license is on
2		inactive status shall not practice advanced practice
3		registered nursing, as defined by this Act in the State of
4		Illinois.
5		(Source: P.A. 95-639, eff. 10-5-07.)
6		(225 ILCS 65/65-30)
7		(Section scheduled to be repealed on January 1, 2018)
8		Sec. 65-30. APRN APN scope of practice.
9		(a) Advanced practice registered nursing by certified
10		nurse practitioners, certified nurse anesthetists, certified
11		nurse midwives, or clinical nurse specialists is based on
12		knowledge and skills acquired throughout an advanced practice
13		registered nurse's nursing education, training, and
14		experience.
15		(b) Practice as an advanced practice registered nurse means
16		a scope of nursing practice, with or without compensation, and
17		includes the registered nurse scope of practice.
18		(c) The scope of practice of an advanced practice
19		registered nurse includes, but is not limited to, each of the
20		following:
21		(1) Advanced nursing patient assessment and diagnosis.
22		(2) Ordering diagnostic and therapeutic tests and
23		procedures, performing those tests and procedures when using
24		health care equipment, and interpreting and using the results
25		of diagnostic and therapeutic tests and procedures ordered by

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1		the advanced practice registered nurse or another health care
2		professional.
3		(3) Ordering treatments, ordering or applying
4		appropriate medical devices, and using nursing medical,
5		therapeutic, and corrective measures to treat illness and
6		improve health status.
7		(4) Providing palliative and end-of-life care.
8		(5) Providing advanced counseling, patient education,
9		health education, and patient advocacy.
10		(6) Prescriptive authority as defined in Section 65-40
11		of this Act.
12		(7) Delegating selected nursing interventions
13		activities or tasks to a licensed practical nurse, a registered
14		professional nurse, or other personnel.
15		(Source: P.A. 95-639, eff. 10-5-07.)
16		(225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
17		(Section scheduled to be repealed on January 1, 2018)
18		Sec. 65-35. Written collaborative agreements.
19		(a) A written collaborative agreement is required for all
20		advanced practice registered nurses engaged in clinical
21		practice, except for advanced practice registered nurses who
22		are authorized to practice in a hospital, hospital affiliate,
23		or ambulatory surgical treatment center.
24		(a-5) If an advanced practice registered nurse engages in
25		clinical practice outside of a hospital, hospital affiliate, or

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1		ambulatory surgical treatment center in which he or she is
2		authorized to practice, the advanced practice registered nurse
3		must have a written collaborative agreement.
4		(b) A written collaborative agreement shall describe the
5		relationship of the advanced practice registered nurse with the
6		collaborating physician or podiatric physician and shall
7		describe the categories of care, treatment, or procedures to be
8		provided by the advanced practice registered nurse. A
9		collaborative agreement with a dentist must be in accordance
10		with subsection (c-10) of this Section. Collaboration does not
11		require an employment relationship between the collaborating
12		physician or podiatric physician and advanced practice
13		registered nurse.
14		The collaborative relationship under an agreement shall
15		not be construed to require the personal presence of a
16		physician or podiatric physician at the place where services
17		are rendered. Methods of communication shall be available for
18		consultation with the collaborating physician or podiatric
19		physician in person or by telecommunications or electronic
20		communications as set forth in the written agreement.
21		(b-5) Absent an employment relationship, a written
22		collaborative agreement may not (1) restrict the categories of
23		patients of an advanced practice registered nurse within the
24		scope of the advanced practice registered nurses training and
25		experience, (2) limit third party payors or government health
26		programs, such as the medical assistance program or Medicare

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1		with which the advanced practice registered nurse contracts, or
2		(3) limit the geographic area or practice location of the
3		advanced practice registered nurse in this State.
4		(c) In the case of anesthesia services provided by a
5		certified registered nurse anesthetist, an anesthesiologist, a
6		physician, a dentist, or a podiatric physician must participate
7		through discussion of and agreement with the anesthesia plan
8		and remain physically present and available on the premises
9		during the delivery of anesthesia services for diagnosis,
10		consultation, and treatment of emergency medical conditions.
11		(c-5) A certified registered nurse anesthetist, who
12		provides anesthesia services outside of a hospital or
13		ambulatory surgical treatment center shall enter into a written
14		collaborative agreement with an anesthesiologist or the
15		physician licensed to practice medicine in all its branches or
16		the podiatric physician performing the procedure. Outside of a
17		hospital or ambulatory surgical treatment center, the
18		certified registered nurse anesthetist may provide only those
19		services that the collaborating podiatric physician is
20		authorized to provide pursuant to the Podiatric Medical
21		Practice Act of 1987 and rules adopted thereunder. A certified
22		registered nurse anesthetist may select, order, and administer
23		medication, including controlled substances, and apply
24		appropriate medical devices for delivery of anesthesia
25		services under the anesthesia plan agreed with by the
26		anesthesiologist or the operating physician or operating

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1		podiatric physician.
2		(c-10) A certified registered nurse anesthetist who
3		provides anesthesia services in a dental office shall enter
4		into a written collaborative agreement with an
5		anesthesiologist or the physician licensed to practice
6		medicine in all its branches or the operating dentist
7		performing the procedure. The agreement shall describe the
8		working relationship of the certified registered nurse
9		anesthetist and dentist and shall authorize the categories of
10		care, treatment, or procedures to be performed by the certified
11		registered nurse anesthetist. In a collaborating dentist's
12		office, the certified registered nurse anesthetist may only
13		provide those services that the operating dentist with the
14		appropriate permit is authorized to provide pursuant to the
15		Illinois Dental Practice Act and rules adopted thereunder. For
16		anesthesia services, an anesthesiologist, physician, or
17		operating dentist shall participate through discussion of and
18		agreement with the anesthesia plan and shall remain physically
19		present and be available on the premises during the delivery of
20		anesthesia services for diagnosis, consultation, and treatment
21		of emergency medical conditions. A certified registered nurse
22		anesthetist may select, order, and administer medication,
23		including controlled substances, and apply appropriate medical
24		devices for delivery of anesthesia services under the
25		anesthesia plan agreed with by the operating dentist.
26		(d) A copy of the signed, written collaborative agreement

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1		must be available to the Department upon request from both the
2		advanced practice registered nurse and the collaborating
3		physician, dentist, or podiatric physician.
4		(e) Nothing in this Act shall be construed to limit the
5		delegation of tasks or duties by a physician to a licensed
6		practical nurse, a registered professional nurse, or other
7		persons in accordance with Section 54.2 of the Medical Practice
8		Act of 1987. Nothing in this Act shall be construed to limit
9		the method of delegation that may be authorized by any means,
10		including, but not limited to, oral, written, electronic,
11		standing orders, protocols, guidelines, or verbal orders.
12		Nothing in this Act shall be construed to authorize an advanced
13		practice registered nurse to provide health care services
14		required by law or rule to be performed by a physician.
15		(f) An advanced practice registered nurse shall inform each
16		collaborating physician, dentist, or podiatric physician of
17		all collaborative agreements he or she has signed and provide a
18		copy of these to any collaborating physician, dentist, or
19		podiatric physician upon request.
20		(g) (Blank).
21		(Source: P.A. 98-192, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756,
22		eff. 7-16-14; 99-173, eff. 7-29-15.)
23		(225 ILCS 65/65-35.1)
24		(Section scheduled to be repealed on January 1, 2018)
25		Sec. 65-35.1. Written collaborative agreement; temporary

HB0313 Engrossed - 381 - LRB100 04130 SMS 14135 b
1		practice. Any advanced practice registered nurse required to
2		enter into a written collaborative agreement with a
3		collaborating physician or collaborating podiatrist is
4		authorized to continue to practice for up to 90 days after the
5		termination of a collaborative agreement provided the advanced
6		practice registered nurse seeks any needed collaboration at a
7		local hospital and refers patients who require services beyond
8		the training and experience of the advanced practice registered
9		nurse to a physician or other health care provider.
10		(Source: P.A. 99-173, eff. 7-29-15.)
11		(225 ILCS 65/65-40) (was 225 ILCS 65/15-20)
12		(Section scheduled to be repealed on January 1, 2018)
13		Sec. 65-40. Written collaborative agreement; prescriptive
14		authority.
15		(a) A collaborating physician or podiatric physician may,
16		but is not required to, delegate prescriptive authority to an
17		advanced practice registered nurse as part of a written
18		collaborative agreement. This authority may, but is not
19		required to, include prescription of, selection of, orders for,
20		administration of, storage of, acceptance of samples of, and
21		dispensing over the counter medications, legend drugs, medical
22		gases, and controlled substances categorized as any Schedule
23		III through V controlled substances, as defined in Article II
24		of the Illinois Controlled Substances Act, and other
25		preparations, including, but not limited to, botanical and

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1		herbal remedies. The collaborating physician or podiatric
2		physician must have a valid current Illinois controlled
3		substance license and federal registration to delegate
4		authority to prescribe delegated controlled substances.
5		(b) To prescribe controlled substances under this Section,
6		an advanced practice registered nurse must obtain a mid-level
7		practitioner controlled substance license. Medication orders
8		shall be reviewed periodically by the collaborating physician
9		or podiatric physician.
10		(c) The collaborating physician or podiatric physician
11		shall file with the Department notice of delegation of
12		prescriptive authority and termination of such delegation, in
13		accordance with rules of the Department. Upon receipt of this
14		notice delegating authority to prescribe any Schedule III
15		through V controlled substances, the licensed advanced
16		practice registered nurse shall be eligible to register for a
17		mid-level practitioner controlled substance license under
18		Section 303.05 of the Illinois Controlled Substances Act.
19		(d) In addition to the requirements of subsections (a),
20		(b), and (c) of this Section, a collaborating physician or
21		podiatric physician may, but is not required to, delegate
22		authority to an advanced practice registered nurse to prescribe
23		any Schedule II controlled substances, if all of the following
24		conditions apply:
25		(1) Specific Schedule II controlled substances by oral
26		dosage or topical or transdermal application may be

HB0313 Engrossed - 383 - LRB100 04130 SMS 14135 b
1		delegated, provided that the delegated Schedule II
2		controlled substances are routinely prescribed by the
3		collaborating physician or podiatric physician. This
4		delegation must identify the specific Schedule II
5		controlled substances by either brand name or generic name.
6		Schedule II controlled substances to be delivered by
7		injection or other route of administration may not be
8		delegated.
9		(2) Any delegation must be controlled substances that
10		the collaborating physician or podiatric physician
11		prescribes.
12		(3) Any prescription must be limited to no more than a
13		30-day supply, with any continuation authorized only after
14		prior approval of the collaborating physician or podiatric
15		physician.
16		(4) The advanced practice registered nurse must
17		discuss the condition of any patients for whom a controlled
18		substance is prescribed monthly with the delegating
19		physician.
20		(5) The advanced practice registered nurse meets the
21		education requirements of Section 303.05 of the Illinois
22		Controlled Substances Act.
23		(e) Nothing in this Act shall be construed to limit the
24		delegation of tasks or duties by a physician to a licensed
25		practical nurse, a registered professional nurse, or other
26		persons. Nothing in this Act shall be construed to limit the

HB0313 Engrossed - 384 - LRB100 04130 SMS 14135 b
1		method of delegation that may be authorized by any means,
2		including, but not limited to, oral, written, electronic,
3		standing orders, protocols, guidelines, or verbal orders.
4		(f) Nothing in this Section shall be construed to apply to
5		any medication authority including Schedule II controlled
6		substances of an advanced practice registered nurse for care
7		provided in a hospital, hospital affiliate, or ambulatory
8		surgical treatment center pursuant to Section 65-45.
9		(g) Any advanced practice registered nurse who writes a
10		prescription for a controlled substance without having a valid
11		appropriate authority may be fined by the Department not more
12		than $50 per prescription, and the Department may take any
13		other disciplinary action provided for in this Act.
14		(h) Nothing in this Section shall be construed to prohibit
15		generic substitution.
16		(Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)
17		(225 ILCS 65/65-45) (was 225 ILCS 65/15-25)
18		(Section scheduled to be repealed on January 1, 2018)
19		Sec. 65-45. Advanced practice registered nursing in
20		hospitals, hospital affiliates, or ambulatory surgical
21		treatment centers.
22		(a) An advanced practice registered nurse may provide
23		services in a hospital or a hospital affiliate as those terms
24		are defined in the Hospital Licensing Act or the University of
25		Illinois Hospital Act or a licensed ambulatory surgical

HB0313 Engrossed - 385 - LRB100 04130 SMS 14135 b
1		treatment center without a written collaborative agreement
2		pursuant to Section 65-35 of this Act. An advanced practice
3		registered nurse must possess clinical privileges recommended
4		by the hospital medical staff and granted by the hospital or
5		the consulting medical staff committee and ambulatory surgical
6		treatment center in order to provide services. The medical
7		staff or consulting medical staff committee shall periodically
8		review the services of advanced practice registered nurses
9		granted clinical privileges, including any care provided in a
10		hospital affiliate. Authority may also be granted when
11		recommended by the hospital medical staff and granted by the
12		hospital or recommended by the consulting medical staff
13		committee and ambulatory surgical treatment center to
14		individual advanced practice registered nurses to select,
15		order, and administer medications, including controlled
16		substances, to provide delineated care. In a hospital, hospital
17		affiliate, or ambulatory surgical treatment center, the
18		attending physician shall determine an advanced practice
19		registered nurse's role in providing care for his or her
20		patients, except as otherwise provided in the medical staff
21		bylaws or consulting committee policies.
22		(a-2) An advanced practice registered nurse granted
23		authority to order medications including controlled substances
24		may complete discharge prescriptions provided the prescription
25		is in the name of the advanced practice registered nurse and
26		the attending or discharging physician.

HB0313 Engrossed - 386 - LRB100 04130 SMS 14135 b
1		(a-3) Advanced practice registered nurses practicing in a
2		hospital or an ambulatory surgical treatment center are not
3		required to obtain a mid-level controlled substance license to
4		order controlled substances under Section 303.05 of the
5		Illinois Controlled Substances Act.
6		(a-5) For anesthesia services provided by a certified
7		registered nurse anesthetist, an anesthesiologist, physician,
8		dentist, or podiatric physician shall participate through
9		discussion of and agreement with the anesthesia plan and shall
10		remain physically present and be available on the premises
11		during the delivery of anesthesia services for diagnosis,
12		consultation, and treatment of emergency medical conditions,
13		unless hospital policy adopted pursuant to clause (B) of
14		subdivision (3) of Section 10.7 of the Hospital Licensing Act
15		or ambulatory surgical treatment center policy adopted
16		pursuant to clause (B) of subdivision (3) of Section 6.5 of the
17		Ambulatory Surgical Treatment Center Act provides otherwise. A
18		certified registered nurse anesthetist may select, order, and
19		administer medication for anesthesia services under the
20		anesthesia plan agreed to by the anesthesiologist or the
21		physician, in accordance with hospital alternative policy or
22		the medical staff consulting committee policies of a licensed
23		ambulatory surgical treatment center.
24		(b) An advanced practice registered nurse who provides
25		services in a hospital shall do so in accordance with Section
26		10.7 of the Hospital Licensing Act and, in an ambulatory

HB0313 Engrossed - 387 - LRB100 04130 SMS 14135 b
1		surgical treatment center, in accordance with Section 6.5 of
2		the Ambulatory Surgical Treatment Center Act.
3		(c) Advanced practice registered nurses certified as nurse
4		practitioners, nurse midwives, or clinical nurse specialists
5		practicing in a hospital affiliate may be, but are not required
6		to be, granted authority to prescribe Schedule II through V
7		controlled substances when such authority is recommended by the
8		appropriate physician committee of the hospital affiliate and
9		granted by the hospital affiliate. This authority may, but is
10		not required to, include prescription of, selection of, orders
11		for, administration of, storage of, acceptance of samples of,
12		and dispensing over-the-counter medications, legend drugs,
13		medical gases, and controlled substances categorized as
14		Schedule II through V controlled substances, as defined in
15		Article II of the Illinois Controlled Substances Act, and other
16		preparations, including, but not limited to, botanical and
17		herbal remedies.
18		To prescribe controlled substances under this subsection
19		(c), an advanced practice registered nurse certified as a nurse
20		practitioner, nurse midwife, or clinical nurse specialist must
21		obtain a mid-level practitioner controlled substance license.
22		Medication orders shall be reviewed periodically by the
23		appropriate hospital affiliate physicians committee or its
24		physician designee.
25		The hospital affiliate shall file with the Department
26		notice of a grant of prescriptive authority consistent with

HB0313 Engrossed - 388 - LRB100 04130 SMS 14135 b
1		this subsection (c) and termination of such a grant of
2		authority, in accordance with rules of the Department. Upon
3		receipt of this notice of grant of authority to prescribe any
4		Schedule II through V controlled substances, the licensed
5		advanced practice registered nurse certified as a nurse
6		practitioner, nurse midwife, or clinical nurse specialist may
7		register for a mid-level practitioner controlled substance
8		license under Section 303.05 of the Illinois Controlled
9		Substances Act.
10		In addition, a hospital affiliate may, but is not required
11		to, grant authority to an advanced practice registered nurse
12		certified as a nurse practitioner, nurse midwife, or clinical
13		nurse specialist to prescribe any Schedule II controlled
14		substances, if all of the following conditions apply:
15		(1) specific Schedule II controlled substances by oral
16		dosage or topical or transdermal application may be
17		designated, provided that the designated Schedule II
18		controlled substances are routinely prescribed by advanced
19		practice registered nurses in their area of certification;
20		this grant of authority must identify the specific Schedule
21		II controlled substances by either brand name or generic
22		name; authority to prescribe or dispense Schedule II
23		controlled substances to be delivered by injection or other
24		route of administration may not be granted;
25		(2) any grant of authority must be controlled
26		substances limited to the practice of the advanced practice

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1		registered nurse;
2		(3) any prescription must be limited to no more than a
3		30-day supply;
4		(4) the advanced practice registered nurse must
5		discuss the condition of any patients for whom a controlled
6		substance is prescribed monthly with the appropriate
7		physician committee of the hospital affiliate or its
8		physician designee; and
9		(5) the advanced practice registered nurse must meet
10		the education requirements of Section 303.05 of the
11		Illinois Controlled Substances Act.
12		(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
13		(225 ILCS 65/65-50) (was 225 ILCS 65/15-30)
14		(Section scheduled to be repealed on January 1, 2018)
15		Sec. 65-50. APRN APN title.
16		(a) No person shall use any words, abbreviations, figures,
17		letters, title, sign, card, or device tending to imply that he
18		or she is an advanced practice registered nurse, including, but
19		not limited to, using the titles or initials "Advanced Practice
20		Registered Nurse", "Certified Nurse Midwife", "Certified Nurse
21		Practitioner", "Certified Registered Nurse Anesthetist",
22		"Clinical Nurse Specialist", "A.P.R.N." "A.P.N.", "C.N.M.",
23		"C.N.P.", "C.R.N.A.", "C.N.S.", or similar titles or initials,
24		with the intention of indicating practice as an advanced
25		practice registered nurse without meeting the requirements of

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1		this Act. For purposes of this provision, the terms "advanced
2		practice nurse" and "A.P.N." are considered to be similar
3		titles or initials protected by this subsection (a).
4		(b) No advanced practice registered nurse shall indicate to
5		other persons that he or she is qualified to engage in the
6		practice of medicine.
7		(c) An advanced practice registered nurse shall verbally
8		identify himself or herself as an advanced practice registered
9		nurse, including specialty certification, to each patient.
10		(d) Nothing in this Act shall be construed to relieve an
11		advanced practice registered nurse of the professional or legal
12		responsibility for the care and treatment of persons attended
13		by him or her.
14		(Source: P.A. 95-639, eff. 10-5-07.)
15		(225 ILCS 65/65-55) (was 225 ILCS 65/15-40)
16		(Section scheduled to be repealed on January 1, 2018)
17		Sec. 65-55. Advertising as an APRN APN.
18		(a) A person licensed under this Act as an advanced
19		practice registered nurse may advertise the availability of
20		professional services in the public media or on the premises
21		where the professional services are rendered. The advertising
22		shall be limited to the following information:
23		(1) publication of the person's name, title, office
24		hours, address, and telephone number;
25		(2) information pertaining to the person's areas of

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1		specialization, including, but not limited to, appropriate
2		board certification or limitation of professional
3		practice;
4		(3) publication of the person's collaborating
5		physician's, dentist's, or podiatric physician's name,
6		title, and areas of specialization;
7		(4) information on usual and customary fees for routine
8		professional services offered, which shall include
9		notification that fees may be adjusted due to complications
10		or unforeseen circumstances;
11		(5) announcements of the opening of, change of, absence
12		from, or return to business;
13		(6) announcement of additions to or deletions from
14		professional licensed staff; and
15		(7) the issuance of business or appointment cards.
16		(b) It is unlawful for a person licensed under this Act as
17		an advanced practice registered nurse to use testimonials or
18		claims of superior quality of care to entice the public. It
19		shall be unlawful to advertise fee comparisons of available
20		services with those of other licensed persons.
21		(c) This Article does not authorize the advertising of
22		professional services that the offeror of the services is not
23		licensed or authorized to render. Nor shall the advertiser use
24		statements that contain false, fraudulent, deceptive, or
25		misleading material or guarantees of success, statements that
26		play upon the vanity or fears of the public, or statements that

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1		promote or produce unfair competition.
2		(d) It is unlawful and punishable under the penalty
3		provisions of this Act for a person licensed under this Article
4		to knowingly advertise that the licensee will accept as payment
5		for services rendered by assignment from any third party payor
6		the amount the third party payor covers as payment in full, if
7		the effect is to give the impression of eliminating the need of
8		payment by the patient of any required deductible or copayment
9		applicable in the patient's health benefit plan.
10		(e) A licensee shall include in every advertisement for
11		services regulated under this Act his or her title as it
12		appears on the license or the initials authorized under this
13		Act.
14		(f) As used in this Section, "advertise" means solicitation
15		by the licensee or through another person or entity by means of
16		handbills, posters, circulars, motion pictures, radio,
17		newspapers, or television or any other manner.
18		(Source: P.A. 98-214, eff. 8-9-13.)
19		(225 ILCS 65/65-65) (was 225 ILCS 65/15-55)
20		(Section scheduled to be repealed on January 1, 2018)
21		Sec. 65-65. Reports relating to APRN APN professional
22		conduct and capacity.
23		(a) Entities Required to Report.
24		(1) Health Care Institutions. The chief administrator
25		or executive officer of a health care institution licensed

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1		by the Department of Public Health, which provides the
2		minimum due process set forth in Section 10.4 of the
3		Hospital Licensing Act, shall report to the Board when an
4		advanced practice registered nurse's organized
5		professional staff clinical privileges are terminated or
6		are restricted based on a final determination, in
7		accordance with that institution's bylaws or rules and
8		regulations, that (i) a person has either committed an act
9		or acts that may directly threaten patient care and that
10		are not of an administrative nature or (ii) that a person
11		may have a mental or physical disability that may endanger
12		patients under that person's care. The chief administrator
13		or officer shall also report if an advanced practice
14		registered nurse accepts voluntary termination or
15		restriction of clinical privileges in lieu of formal action
16		based upon conduct related directly to patient care and not
17		of an administrative nature, or in lieu of formal action
18		seeking to determine whether a person may have a mental or
19		physical disability that may endanger patients under that
20		person's care. The Department Board shall provide by rule
21		for the reporting to it of all instances in which a person
22		licensed under this Article, who is impaired by reason of
23		age, drug, or alcohol abuse or physical or mental
24		impairment, is under supervision and, where appropriate,
25		is in a program of rehabilitation. Reports submitted under
26		this subsection shall be strictly confidential and may be

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1		reviewed and considered only by the members of the Board or
2		authorized staff as provided by rule of the Department
3		Board. Provisions shall be made for the periodic report of
4		the status of any such reported person not less than twice
5		annually in order that the Board shall have current
6		information upon which to determine the status of that
7		person. Initial and periodic reports of impaired advanced
8		practice registered nurses shall not be considered records
9		within the meaning of the State Records Act and shall be
10		disposed of, following a determination by the Board that
11		such reports are no longer required, in a manner and at an
12		appropriate time as the Board shall determine by rule. The
13		filing of reports submitted under this subsection shall be
14		construed as the filing of a report for purposes of
15		subsection (c) of this Section.
16		(2) Professional Associations. The President or chief
17		executive officer of an association or society of persons
18		licensed under this Article, operating within this State,
19		shall report to the Board when the association or society
20		renders a final determination that a person licensed under
21		this Article has committed unprofessional conduct related
22		directly to patient care or that a person may have a mental
23		or physical disability that may endanger patients under the
24		person's care.
25		(3) Professional Liability Insurers. Every insurance
26		company that offers policies of professional liability

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1		insurance to persons licensed under this Article, or any
2		other entity that seeks to indemnify the professional
3		liability of a person licensed under this Article, shall
4		report to the Board the settlement of any claim or cause of
5		action, or final judgment rendered in any cause of action,
6		that alleged negligence in the furnishing of patient care
7		by the licensee when the settlement or final judgment is in
8		favor of the plaintiff.
9		(4) State's Attorneys. The State's Attorney of each
10		county shall report to the Board all instances in which a
11		person licensed under this Article is convicted or
12		otherwise found guilty of the commission of a felony.
13		(5) State Agencies. All agencies, boards, commissions,
14		departments, or other instrumentalities of the government
15		of this State shall report to the Board any instance
16		arising in connection with the operations of the agency,
17		including the administration of any law by the agency, in
18		which a person licensed under this Article has either
19		committed an act or acts that may constitute a violation of
20		this Article, that may constitute unprofessional conduct
21		related directly to patient care, or that indicates that a
22		person licensed under this Article may have a mental or
23		physical disability that may endanger patients under that
24		person's care.
25		(b) Mandatory Reporting. All reports required under items
26		(16) and (17) of subsection (a) of Section 70-5 shall be

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1		submitted to the Board in a timely fashion. The reports shall
2		be filed in writing within 60 days after a determination that a
3		report is required under this Article. All reports shall
4		contain the following information:
5		(1) The name, address, and telephone number of the
6		person making the report.
7		(2) The name, address, and telephone number of the
8		person who is the subject of the report.
9		(3) The name or other means of identification of any
10		patient or patients whose treatment is a subject of the
11		report, except that no medical records may be revealed
12		without the written consent of the patient or patients.
13		(4) A brief description of the facts that gave rise to
14		the issuance of the report, including, but not limited to,
15		the dates of any occurrences deemed to necessitate the
16		filing of the report.
17		(5) If court action is involved, the identity of the
18		court in which the action is filed, the docket number, and
19		date of filing of the action.
20		(6) Any further pertinent information that the
21		reporting party deems to be an aid in the evaluation of the
22		report.
23		Nothing contained in this Section shall be construed to in
24		any way waive or modify the confidentiality of medical reports
25		and committee reports to the extent provided by law. Any
26		information reported or disclosed shall be kept for the

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1		confidential use of the Board, the Board's attorneys, the
2		investigative staff, and authorized clerical staff and shall be
3		afforded the same status as is provided information concerning
4		medical studies in Part 21 of Article VIII of the Code of Civil
5		Procedure.
6		(c) Immunity from Prosecution. An individual or
7		organization acting in good faith, and not in a willful wilful
8		and wanton manner, in complying with this Section by providing
9		a report or other information to the Board, by assisting in the
10		investigation or preparation of a report or information, by
11		participating in proceedings of the Board, or by serving as a
12		member of the Board shall not, as a result of such actions, be
13		subject to criminal prosecution or civil damages.
14		(d) Indemnification. Members of the Board, the Board's
15		attorneys, the investigative staff, advanced practice
16		registered nurses or physicians retained under contract to
17		assist and advise in the investigation, and authorized clerical
18		staff shall be indemnified by the State for any actions (i)
19		occurring within the scope of services on the Board, (ii)
20		performed in good faith, and (iii) not willful wilful and
21		wanton in nature. The Attorney General shall defend all actions
22		taken against those persons unless he or she determines either
23		that there would be a conflict of interest in the
24		representation or that the actions complained of were not
25		performed in good faith or were willful wilful and wanton in
26		nature. If the Attorney General declines representation, the

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1		member shall have the right to employ counsel of his or her
2		choice, whose fees shall be provided by the State, after
3		approval by the Attorney General, unless there is a
4		determination by a court that the member's actions were not
5		performed in good faith or were willful wilful and wanton in
6		nature. The member shall notify the Attorney General within 7
7		days of receipt of notice of the initiation of an action
8		involving services of the Board. Failure to so notify the
9		Attorney General shall constitute an absolute waiver of the
10		right to a defense and indemnification. The Attorney General
11		shall determine within 7 days after receiving the notice
12		whether he or she will undertake to represent the member.
13		(e) Deliberations of Board. Upon the receipt of a report
14		called for by this Section, other than those reports of
15		impaired persons licensed under this Article required pursuant
16		to the rules of the Board, the Board shall notify in writing by
17		certified or registered mail or by email to the email address
18		of record the person who is the subject of the report. The
19		notification shall be made within 30 days of receipt by the
20		Board of the report. The notification shall include a written
21		notice setting forth the person's right to examine the report.
22		Included in the notification shall be the address at which the
23		file is maintained, the name of the custodian of the reports,
24		and the telephone number at which the custodian may be reached.
25		The person who is the subject of the report shall submit a
26		written statement responding to, clarifying, adding to, or

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1		proposing to amend the report previously filed. The statement
2		shall become a permanent part of the file and shall be received
3		by the Board no more than 30 days after the date on which the
4		person was notified of the existence of the original report.
5		The Board shall review all reports received by it and any
6		supporting information and responding statements submitted by
7		persons who are the subject of reports. The review by the Board
8		shall be in a timely manner but in no event shall the Board's
9		initial review of the material contained in each disciplinary
10		file be less than 61 days nor more than 180 days after the
11		receipt of the initial report by the Board. When the Board
12		makes its initial review of the materials contained within its
13		disciplinary files, the Board shall, in writing, make a
14		determination as to whether there are sufficient facts to
15		warrant further investigation or action. Failure to make that
16		determination within the time provided shall be deemed to be a
17		determination that there are not sufficient facts to warrant
18		further investigation or action. Should the Board find that
19		there are not sufficient facts to warrant further investigation
20		or action, the report shall be accepted for filing and the
21		matter shall be deemed closed and so reported. The individual
22		or entity filing the original report or complaint and the
23		person who is the subject of the report or complaint shall be
24		notified in writing by the Board of any final action on their
25		report or complaint.
26		(f) (Blank). Summary Reports. The Board shall prepare, on a

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1		timely basis, but in no event less than one every other month,
2		a summary report of final actions taken upon disciplinary files
3		maintained by the Board. The summary reports shall be made
4		available to the public upon request and payment of the fees
5		set by the Department. This publication may be made available
6		to the public on the Department's Internet website.
7		(g) Any violation of this Section shall constitute a Class
8		A misdemeanor.
9		(h) If a person violates the provisions of this Section, an
10		action may be brought in the name of the People of the State of
11		Illinois, through the Attorney General of the State of
12		Illinois, for an order enjoining the violation or for an order
13		enforcing compliance with this Section. Upon filing of a
14		verified petition in court, the court may issue a temporary
15		restraining order without notice or bond and may preliminarily
16		or permanently enjoin the violation, and if it is established
17		that the person has violated or is violating the injunction,
18		the court may punish the offender for contempt of court.
19		Proceedings under this subsection shall be in addition to, and
20		not in lieu of, all other remedies and penalties provided for
21		by this Section.
22		(Source: P.A. 99-143, eff. 7-27-15.)
23		(225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
24		(Section scheduled to be repealed on January 1, 2018)
25		Sec. 70-5. Grounds for disciplinary action.

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1		(a) The Department may refuse to issue or to renew, or may
2		revoke, suspend, place on probation, reprimand, or take other
3		disciplinary or non-disciplinary action as the Department may
4		deem appropriate, including fines not to exceed $10,000 per
5		violation, with regard to a license for any one or combination
6		of the causes set forth in subsection (b) below. All fines
7		collected under this Section shall be deposited in the Nursing
8		Dedicated and Professional Fund.
9		(b) Grounds for disciplinary action include the following:
10		(1) Material deception in furnishing information to
11		the Department.
12		(2) Material violations of any provision of this Act or
13		violation of the rules of or final administrative action of
14		the Secretary, after consideration of the recommendation
15		of the Board.
16		(3) Conviction by plea of guilty or nolo contendere,
17		finding of guilt, jury verdict, or entry of judgment or by
18		sentencing of any crime, including, but not limited to,
19		convictions, preceding sentences of supervision,
20		conditional discharge, or first offender probation, under
21		the laws of any jurisdiction of the United States: (i) that
22		is a felony; or (ii) that is a misdemeanor, an essential
23		element of which is dishonesty, or that is directly related
24		to the practice of the profession.
25		(4) A pattern of practice or other behavior which
26		demonstrates incapacity or incompetency to practice under

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1		this Act.
2		(5) Knowingly aiding or assisting another person in
3		violating any provision of this Act or rules.
4		(6) Failing, within 90 days, to provide a response to a
5		request for information in response to a written request
6		made by the Department by certified or registered mail or
7		by email to the email address of record.
8		(7) Engaging in dishonorable, unethical or
9		unprofessional conduct of a character likely to deceive,
10		defraud or harm the public, as defined by rule.
11		(8) Unlawful taking, theft, selling, distributing, or
12		manufacturing of any drug, narcotic, or prescription
13		device.
14		(9) Habitual or excessive use or addiction to alcohol,
15		narcotics, stimulants, or any other chemical agent or drug
16		that could result in a licensee's inability to practice
17		with reasonable judgment, skill or safety.
18		(10) Discipline by another U.S. jurisdiction or
19		foreign nation, if at least one of the grounds for the
20		discipline is the same or substantially equivalent to those
21		set forth in this Section.
22		(11) A finding that the licensee, after having her or
23		his license placed on probationary status or subject to
24		conditions or restrictions, has violated the terms of
25		probation or failed to comply with such terms or
26		conditions.

HB0313 Engrossed - 403 - LRB100 04130 SMS 14135 b
1		(12) Being named as a perpetrator in an indicated
2		report by the Department of Children and Family Services
3		and under the Abused and Neglected Child Reporting Act, and
4		upon proof by clear and convincing evidence that the
5		licensee has caused a child to be an abused child or
6		neglected child as defined in the Abused and Neglected
7		Child Reporting Act.
8		(13) Willful omission to file or record, or willfully
9		impeding the filing or recording or inducing another person
10		to omit to file or record medical reports as required by
11		law.
12		(13.5) Willfully or willfully failing to report an
13		instance of suspected child abuse or neglect as required by
14		the Abused and Neglected Child Reporting Act.
15		(14) Gross negligence in the practice of practical,
16		professional, or advanced practice registered nursing.
17		(15) Holding oneself out to be practicing nursing under
18		any name other than one's own.
19		(16) Failure of a licensee to report to the Department
20		any adverse final action taken against him or her by
21		another licensing jurisdiction of the United States or any
22		foreign state or country, any peer review body, any health
23		care institution, any professional or nursing society or
24		association, any governmental agency, any law enforcement
25		agency, or any court or a nursing liability claim related
26		to acts or conduct similar to acts or conduct that would

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1		constitute grounds for action as defined in this Section.
2		(17) Failure of a licensee to report to the Department
3		surrender by the licensee of a license or authorization to
4		practice nursing or advanced practice registered nursing
5		in another state or jurisdiction or current surrender by
6		the licensee of membership on any nursing staff or in any
7		nursing or advanced practice registered nursing or
8		professional association or society while under
9		disciplinary investigation by any of those authorities or
10		bodies for acts or conduct similar to acts or conduct that
11		would constitute grounds for action as defined by this
12		Section.
13		(18) Failing, within 60 days, to provide information in
14		response to a written request made by the Department.
15		(19) Failure to establish and maintain records of
16		patient care and treatment as required by law.
17		(20) Fraud, deceit or misrepresentation in applying
18		for or procuring a license under this Act or in connection
19		with applying for renewal of a license under this Act.
20		(21) Allowing another person or organization to use the
21		licensees' license to deceive the public.
22		(22) Willfully making or filing false records or
23		reports in the licensee's practice, including but not
24		limited to false records to support claims against the
25		medical assistance program of the Department of Healthcare
26		and Family Services (formerly Department of Public Aid)

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1		under the Illinois Public Aid Code.
2		(23) Attempting to subvert or cheat on a licensing
3		examination administered under this Act.
4		(24) Immoral conduct in the commission of an act,
5		including, but not limited to, sexual abuse, sexual
6		misconduct, or sexual exploitation, related to the
7		licensee's practice.
8		(25) Willfully or negligently violating the
9		confidentiality between nurse and patient except as
10		required by law.
11		(26) Practicing under a false or assumed name, except
12		as provided by law.
13		(27) The use of any false, fraudulent, or deceptive
14		statement in any document connected with the licensee's
15		practice.
16		(28) Directly or indirectly giving to or receiving from
17		a person, firm, corporation, partnership, or association a
18		fee, commission, rebate, or other form of compensation for
19		professional services not actually or personally rendered.
20		Nothing in this paragraph (28) affects any bona fide
21		independent contractor or employment arrangements among
22		health care professionals, health facilities, health care
23		providers, or other entities, except as otherwise
24		prohibited by law. Any employment arrangements may include
25		provisions for compensation, health insurance, pension, or
26		other employment benefits for the provision of services

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1		within the scope of the licensee's practice under this Act.
2		Nothing in this paragraph (28) shall be construed to
3		require an employment arrangement to receive professional
4		fees for services rendered.
5		(29) A violation of the Health Care Worker
6		Self-Referral Act.
7		(30) Physical illness, including but not limited to
8		deterioration through the aging process or loss of motor
9		skill, mental illness, or disability that results in the
10		inability to practice the profession with reasonable
11		judgment, skill, or safety.
12		(31) Exceeding the terms of a collaborative agreement
13		or the prescriptive authority delegated to a licensee by
14		his or her collaborating physician or podiatric physician
15		in guidelines established under a written collaborative
16		agreement.
17		(32) Making a false or misleading statement regarding a
18		licensee's skill or the efficacy or value of the medicine,
19		treatment, or remedy prescribed by him or her in the course
20		of treatment.
21		(33) Prescribing, selling, administering,
22		distributing, giving, or self-administering a drug
23		classified as a controlled substance (designated product)
24		or narcotic for other than medically accepted therapeutic
25		purposes.
26		(34) Promotion of the sale of drugs, devices,

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1		appliances, or goods provided for a patient in a manner to
2		exploit the patient for financial gain.
3		(35) Violating State or federal laws, rules, or
4		regulations relating to controlled substances.
5		(36) Willfully or negligently violating the
6		confidentiality between an advanced practice registered
7		nurse, collaborating physician, dentist, or podiatric
8		physician and a patient, except as required by law.
9		(37) Willfully failing to report an instance of
10		suspected abuse, neglect, financial exploitation, or
11		self-neglect of an eligible adult as defined in and
12		required by the Adult Protective Services Act.
13		(38) Being named as an abuser in a verified report by
14		the Department on Aging and under the Adult Protective
15		Services Act, and upon proof by clear and convincing
16		evidence that the licensee abused, neglected, or
17		financially exploited an eligible adult as defined in the
18		Adult Protective Services Act.
19		(39) (37) A violation of any provision of this Act or
20		any rules adopted promulgated under this Act.
21		(c) The determination by a circuit court that a licensee is
22		subject to involuntary admission or judicial admission as
23		provided in the Mental Health and Developmental Disabilities
24		Code, as amended, operates as an automatic suspension. The
25		suspension will end only upon a finding by a court that the
26		patient is no longer subject to involuntary admission or

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1		judicial admission and issues an order so finding and
2		discharging the patient; and upon the recommendation of the
3		Board to the Secretary that the licensee be allowed to resume
4		his or her practice.
5		(d) The Department may refuse to issue or may suspend or
6		otherwise discipline the license of any person who fails to
7		file a return, or to pay the tax, penalty or interest shown in
8		a filed return, or to pay any final assessment of the tax,
9		penalty, or interest as required by any tax Act administered by
10		the Department of Revenue, until such time as the requirements
11		of any such tax Act are satisfied.
12		(e) In enforcing this Act, the Department or Board, upon a
13		showing of a possible violation, may compel an individual
14		licensed to practice under this Act or who has applied for
15		licensure under this Act, to submit to a mental or physical
16		examination, or both, as required by and at the expense of the
17		Department. The Department or Board may order the examining
18		physician to present testimony concerning the mental or
19		physical examination of the licensee or applicant. No
20		information shall be excluded by reason of any common law or
21		statutory privilege relating to communications between the
22		licensee or applicant and the examining physician. The
23		examining physicians shall be specifically designated by the
24		Board or Department. The individual to be examined may have, at
25		his or her own expense, another physician of his or her choice
26		present during all aspects of this examination. Failure of an

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1		individual to submit to a mental or physical examination, when
2		directed, shall result in an automatic suspension without
3		hearing.
4		All substance-related violations shall mandate an
5		automatic substance abuse assessment. Failure to submit to an
6		assessment by a licensed physician who is certified as an
7		addictionist or an advanced practice registered nurse with
8		specialty certification in addictions may be grounds for an
9		automatic suspension, as defined by rule.
10		If the Department or Board finds an individual unable to
11		practice or unfit for duty because of the reasons set forth in
12		this subsection (e) Section, the Department or Board may
13		require that individual to submit to a substance abuse
14		evaluation or treatment by individuals or programs approved or
15		designated by the Department or Board, as a condition, term, or
16		restriction for continued, restored reinstated, or renewed
17		licensure to practice; or, in lieu of evaluation or treatment,
18		the Department may file, or the Board may recommend to the
19		Department to file, a complaint to immediately suspend, revoke,
20		or otherwise discipline the license of the individual. An
21		individual whose license was granted, continued, restored
22		reinstated, renewed, disciplined or supervised subject to such
23		terms, conditions, or restrictions, and who fails to comply
24		with such terms, conditions, or restrictions, shall be referred
25		to the Secretary for a determination as to whether the
26		individual shall have his or her license suspended immediately,

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1		pending a hearing by the Department.
2		In instances in which the Secretary immediately suspends a
3		person's license under this subsection (e) Section, a hearing
4		on that person's license must be convened by the Department
5		within 15 days after the suspension and completed without
6		appreciable delay. The Department and Board shall have the
7		authority to review the subject individual's record of
8		treatment and counseling regarding the impairment to the extent
9		permitted by applicable federal statutes and regulations
10		safeguarding the confidentiality of medical records.
11		An individual licensed under this Act and affected under
12		this subsection (e) Section shall be afforded an opportunity to
13		demonstrate to the Department that he or she can resume
14		practice in compliance with nursing standards under the
15		provisions of his or her license.
16		(Source: P.A. 98-214, eff. 8-9-13.)
17		(225 ILCS 65/70-10) (was 225 ILCS 65/10-50)
18		(Section scheduled to be repealed on January 1, 2018)
19		Sec. 70-10. Intoxication and drug abuse.
20		(a) Any nurse who is an administrator or officer in any
21		hospital, nursing home, other health care agency or facility,
22		or nurse agency and has knowledge of any action or condition
23		which reasonably indicates that a registered professional
24		nurse or licensed practical nurse is impaired due to the use of
25		alcohol or mood altering drugs to the extent that such

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1		impairment adversely affects such nurse's professional
2		performance, or unlawfully possesses, uses, distributes or
3		converts mood altering drugs belonging to the place of
4		employment, shall promptly report the individual to the
5		Department or designee of the Department; provided however, an
6		administrator or officer need not file the report if the nurse
7		participates in a course of remedial professional counseling or
8		medical treatment for substance abuse, as long as such nurse
9		actively pursues such treatment under monitoring by the
10		administrator or officer or by the hospital, nursing home,
11		health care agency or facility, or nurse agency and the nurse
12		continues to be employed by such hospital, nursing home, health
13		care agency or facility, or nurse agency. The Department shall
14		review all reports received by it in a timely manner. Its
15		initial review shall be completed no later than 60 days after
16		receipt of the report. Within this 60 day period, the
17		Department shall, in writing, make a determination as to
18		whether there are sufficient facts to warrant further
19		investigation or action. Any nurse participating in mandatory
20		reporting to the Department under this Section or in good faith
21		assisting another person in making such a report shall have
22		immunity from any liability, either criminal or civil, that
23		might result by reason of such action.
24		Should the Department find insufficient facts to warrant
25		further investigation, or action, the report shall be accepted
26		for filing and the matter shall be deemed closed and so

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1		reported.
2		Should the Department find sufficient facts to warrant
3		further investigation, such investigation shall be completed
4		within 60 days of the date of the determination of sufficient
5		facts to warrant further investigation or action. Final action
6		shall be determined no later than 30 days after the completion
7		of the investigation. If there is a finding which verifies
8		habitual intoxication or drug addiction which adversely
9		affects professional performance or the unlawful possession,
10		use, distribution or conversion of habit-forming drugs by the
11		reported nurse, the Department may refuse to issue or renew or
12		may suspend or revoke that nurse's license as a registered
13		professional nurse or a licensed practical nurse.
14		Any of the aforementioned actions or a determination that
15		there are insufficient facts to warrant further investigation
16		or action shall be considered a final action. The nurse
17		administrator or officer who filed the original report or
18		complaint, and the nurse who is the subject of the report,
19		shall be notified in writing by the Department within 15 days
20		of any final action taken by the Department.
21		(b) (Blank). Each year on March 1, the Department shall
22		submit a report to the General Assembly. The report shall
23		include the number of reports made under this Section to the
24		Department during the previous year, the number of reports
25		reviewed and found insufficient to warrant further
26		investigation, the number of reports not completed and the

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1		reasons for incompletion. This report shall be made available
2		also to nurses requesting the report.
3		(c) Any person making a report under this Section or in
4		good faith assisting another person in making such a report
5		shall have immunity from any liability, either criminal or
6		civil, that might result by reason of such action. For the
7		purpose of any legal proceeding, criminal or civil, there shall
8		be a rebuttable presumption that any person making a report
9		under this Section or assisting another person in making such
10		report was acting in good faith. All such reports and any
11		information disclosed to or collected by the Department
12		pursuant to this Section shall remain confidential records of
13		the Department and shall not be disclosed nor be subject to any
14		law or rule regulation of this State relating to freedom of
15		information or public disclosure of records.
16		(Source: P.A. 95-639, eff. 10-5-07.)
17		(225 ILCS 65/70-20) (was 225 ILCS 65/20-13)
18		(Section scheduled to be repealed on January 1, 2018)
19		Sec. 70-20. Suspension of license or registration for
20		failure to pay restitution. The Department, without further
21		process or hearing, shall suspend the license or other
22		authorization to practice of any person issued under this Act
23		who has been certified by court order as not having paid
24		restitution to a person under Section 8A-3.5 of the Illinois
25		Public Aid Code or under Section 17-10.5 or 46-1 of the

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1		Criminal Code of 1961 or the Criminal Code of 2012. A person
2		whose license or other authorization to practice is suspended
3		under this Section is prohibited from practicing until the
4		restitution is made in full.
5		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
6		(225 ILCS 65/70-35) (was 225 ILCS 65/20-31)
7		(Section scheduled to be repealed on January 1, 2018)
8		Sec. 70-35. Licensure requirements; internet site. The
9		Department shall make available to the public the requirements
10		for licensure in English and Spanish on the internet through
11		the Department's World Wide Web site. This information shall
12		include the requirements for licensure of individuals
13		currently residing in another state or territory of the United
14		States or a foreign country, territory, or province. The
15		Department shall establish an e-mail link to the Department for
16		information on the requirements for licensure, with replies
17		available in English and Spanish.
18		(Source: P.A. 95-639, eff. 10-5-07.)
19		(225 ILCS 65/70-40) (was 225 ILCS 65/20-32)
20		(Section scheduled to be repealed on January 1, 2018)
21		Sec. 70-40. Educational resources; internet link. The
22		Department may shall work with the Board, the Board of Higher
23		Education, the Illinois Student Assistance Commission,
24		Statewide organizations, and community-based organizations to

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1		develop a list of Department-approved nursing programs and
2		other educational resources related to the Test of English as a
3		Foreign Language and the Commission on Graduates of Foreign
4		Nursing Schools Examination. The Department shall provide a
5		link to a list of these resources, in English and Spanish, on
6		the Department's World Wide Web site.
7		(Source: P.A. 95-639, eff. 10-5-07.)
8		(225 ILCS 65/70-50) (was 225 ILCS 65/20-40)
9		(Section scheduled to be repealed on January 1, 2018)
10		Sec. 70-50. Fund.
11		(a) There is hereby created within the State Treasury the
12		Nursing Dedicated and Professional Fund. The monies in the Fund
13		may be used by and at the direction of the Department for the
14		administration and enforcement of this Act, including, but not
15		limited to:
16		(1) Distribution and publication of this Act and rules.
17		(2) Employment of secretarial, nursing,
18		administrative, enforcement, and other staff for the
19		administration of this Act.
20		(b) Disposition of fees:
21		(1) $5 of every licensure fee shall be placed in a fund
22		for assistance to nurses enrolled in a diversionary program
23		as approved by the Department.
24		(2) All of the fees, fines, and penalties collected
25		pursuant to this Act shall be deposited in the Nursing

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1		Dedicated and Professional Fund.
2		(3) Each fiscal year, the moneys deposited in the
3		Nursing Dedicated and Professional Fund shall be
4		appropriated to the Department for expenses of the
5		Department and the Board in the administration of this Act.
6		All earnings received from investment of moneys in the
7		Nursing Dedicated and Professional Fund shall be deposited
8		in the Nursing Dedicated and Professional Fund and shall be
9		used for the same purposes as fees deposited in the Fund.
10		(4) For the fiscal year beginning July 1, 2009 and for
11		each fiscal year thereafter, $2,000,000 of the moneys
12		deposited in the Nursing Dedicated and Professional Fund
13		each year shall be set aside and appropriated to the
14		Department of Public Health for nursing scholarships
15		awarded pursuant to the Nursing Education Scholarship Law.
16		Representatives of the Department and the Nursing
17		Education Scholarship Program Advisory Council shall
18		review this requirement and the scholarship awards every 2
19		years.
20		(5) Moneys in the Fund may be transferred to the
21		Professions Indirect Cost Fund as authorized under Section
22		2105-300 of the Department of Professional Regulation Law
23		(20 ILCS 2105/2105-300).
24		(c) Moneys set aside for nursing scholarships awarded
25		pursuant to the Nursing Education Scholarship Law as provided
26		in item (4) of subsection (b) of this Section may not be

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1		transferred under Section 8h of the State Finance Act.
2		(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
3		96-328, eff. 8-11-09; 96-805, eff. 10-30-09.)
4		(225 ILCS 65/70-60) (was 225 ILCS 65/20-55)
5		(Section scheduled to be repealed on January 1, 2018)
6		Sec. 70-60. Summary suspension; imminent danger. The
7		Secretary of the Department may, upon receipt of a written
8		communication from the Secretary of Human Services, the
9		Director of Healthcare and Family Services (formerly Director
10		of Public Aid), or the Director of Public Health that
11		continuation of practice of a person licensed under this Act
12		constitutes an immediate danger to the public, immediately
13		suspend the license of such person without a hearing. In
14		instances in which the Secretary immediately suspends a license
15		under this Section, a hearing upon such person's license must
16		be convened by the Department within 30 days after such
17		suspension and completed without appreciable delay, such
18		hearing held to determine whether to recommend to the Secretary
19		that the person's license be revoked, suspended, placed on
20		probationary status or restored reinstated, or such person be
21		subject to other disciplinary action. In such hearing, the
22		written communication and any other evidence submitted
23		therewith may be introduced as evidence against such person;
24		provided, however, the person, or his or her counsel, shall
25		have the opportunity to discredit or impeach and submit

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1		evidence rebutting such evidence.
2		(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)
3		(225 ILCS 65/70-75) (was 225 ILCS 65/20-75)
4		(Section scheduled to be repealed on January 1, 2018)
5		Sec. 70-75. Injunctive remedies.
6		(a) If any person violates the provision of this Act, the
7		Secretary may, in the name of the People of the State of
8		Illinois, through the Attorney General of the State of
9		Illinois, or the State's Attorney of any county in which the
10		action is brought, petition for an order enjoining such
11		violation or for an order enforcing compliance with this Act.
12		Upon the filing of a verified petition in court, the court may
13		issue a temporary restraining order, without notice or bond,
14		and may preliminarily and permanently enjoin such violation,
15		and if it is established that such person has violated or is
16		violating the injunction, the court may punish the offender for
17		contempt of court. Proceedings under this Section shall be in
18		addition to, and not in lieu of, all other remedies and
19		penalties provided by this Act.
20		(b) If any person shall practice as a nurse or hold herself
21		or himself out as a nurse without being licensed under the
22		provisions of this Act, then any licensed nurse, any interested
23		party, or any person injured thereby may, in addition to the
24		Secretary, petition for relief as provided in subsection (a) of
25		this Section.

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1		(b-5) Whoever knowingly practices or offers to practice
2		nursing in this State without a license for that purpose shall
3		be guilty of a Class A misdemeanor and for each subsequent
4		conviction, shall be guilty of a Class 4 felony. All criminal
5		fines, monies, or other property collected or received by the
6		Department under this Section or any other State or federal
7		statute, including, but not limited to, property forfeited to
8		the Department under Section 505 of the Illinois Controlled
9		Substances Act or Section 85 of the Methamphetamine Control and
10		Community Protection Act, shall be deposited into the
11		Professional Regulation Evidence Fund.
12		(c) Whenever in the opinion of the Department any person
13		violates any provision of this Act, the Department may issue a
14		rule to show cause why an order to cease and desist should not
15		be entered against him. The rule shall clearly set forth the
16		grounds relied upon by the Department and shall provide a
17		period of 7 days from the date of the rule to file an answer to
18		the satisfaction of the Department. Failure to answer to the
19		satisfaction of the Department shall cause an order to cease
20		and desist to be issued forthwith.
21		(Source: P.A. 94-556, eff. 9-11-05; 95-639, eff. 10-5-07.)
22		(225 ILCS 65/70-80) (was 225 ILCS 65/20-80)
23		(Section scheduled to be repealed on January 1, 2018)
24		Sec. 70-80. Investigation; notice; hearing.
25		(a) The Prior to bringing an action before the Board, the

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1		Department may investigate the actions of any applicant or of
2		any person or persons holding or claiming to hold a license
3		under this Act.
4		(b) The Department shall, before suspending, revoking,
5		placing on probationary status, or taking any other
6		disciplinary action as the Department may deem proper with
7		regard to any license disciplining a license under this Section
8		or refusing to issue a license, at least 30 days prior to the
9		date set for the hearing, (i) notify the accused in writing of
10		any charges made and the time and place for the a hearing of
11		the charges before the Board, (ii) direct her or him to file a
12		written answer to the charges thereto to the Board under oath
13		within 20 days after the service; of such notice and (iii)
14		inform the applicant or licensee that failure if she or he
15		fails to file such answer will result in a default being
16		entered default will be taken against the applicant or
17		licensee. As a result of the default, and such license may be
18		suspended, revoked, placed on probationary status, or have
19		other disciplinary action, including limiting the scope,
20		nature or extent of her or his practice, as the Department may
21		deem proper taken with regard thereto. Such written notice may
22		be served by personal delivery or certified or registered mail
23		to the respondent at the address of her or his last
24		notification to the Department.
25		(c) At the time and place fixed in the notice, the
26		Department shall proceed to hear the charges and the parties or

HB0313 Engrossed - 421 - LRB100 04130 SMS 14135 b
1		their counsel shall be accorded ample opportunity to present
2		any pertinent such statements, testimony, evidence and
3		arguments. argument as may be pertinent to the charges or to
4		the defense to the charges. The Department may continue a
5		hearing from time to time. In case the accused person, after
6		receiving notice, fails to file an answer, her or his license
7		may in the discretion of the Secretary, having received first
8		the recommendation of the Board, be suspended, revoked, placed
9		on probationary status, or be subject to whatever disciplinary
10		action the Secretary considers proper the Secretary may take
11		whatever disciplinary action as he or she may deem proper,
12		including limiting the scope, nature, or extent of said
13		person's practice or the imposition of a fine, without a
14		hearing, if the act or acts charged constitute sufficient
15		grounds for such action under this Act.
16		(d) The written notice and any notice in the subsequent
17		proceeding may be served by personal delivery or regular or
18		certified mail to the respondent at the respondent's address of
19		record or by email to the respondent's email address of record.
20		(e) The Secretary has the authority to appoint any attorney
21		licensed to practice law in the State of Illinois to serve as
22		the hearing officer in any action for refusal to issue,
23		restore, or renew a license or to discipline a licensee. The
24		hearing officer has full authority to conduct the hearing. The
25		Board may have a member or members present at any hearing. The
26		Board members shall have equal or greater licensing

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1		qualifications than those of the licensee being prosecuted.
2		(Source: P.A. 95-639, eff. 10-5-07.)
3		(225 ILCS 65/70-81 new)
4		Sec. 70-81. Confidentiality. All information collected by
5		the Department in the course of an examination or investigation
6		of a licensee or applicant, including, but not limited to, any
7		complaint against a licensee filed with the Department and
8		information collected to investigate any such complaint, shall
9		be maintained for the confidential use of the Department and
10		shall not be disclosed. The Department may not disclose the
11		information to anyone other than law enforcement officials,
12		other regulatory agencies that have an appropriate regulatory
13		interest as determined by the Secretary of the Department, or a
14		party presenting a lawful subpoena to the Department.
15		Information and documents disclosed to a federal, State,
16		county, or local law enforcement agency shall not be disclosed
17		by the agency for any purpose to any other agency or person. A
18		formal complaint filed by the Department against a licensee or
19		applicant shall be a public record, except as otherwise
20		prohibited by law.
21		(225 ILCS 65/70-85) (was 225 ILCS 65/20-85)
22		(Section scheduled to be repealed on January 1, 2018)
23		Sec. 70-85. Stenographer; transcript. The Department, at
24		its expense, shall provide a stenographer to take down the

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1		testimony and preserve a record of all formal hearing
2		proceedings if a license may be revoked, suspended, or placed
3		on probationary status or other disciplinary action may be
4		taken at the hearing of any case wherein any disciplinary
5		action is taken regarding a license. Any licensee who is found
6		to have violated this Act or who fails to appear for a hearing
7		to refuse to issue, restore, or renew a license or to
8		discipline a license may be required by the Department to pay
9		for the costs of the proceeding. These costs are limited to
10		costs for court reporters, transcripts, and witness attendance
11		and mileage fees. The Secretary may waive payment of costs by a
12		licensee in whole or in part where there is an undue financial
13		hardship. The notice of hearing, complaint and all other
14		documents in the nature of pleadings and written motions filed
15		in the proceedings, the transcript of testimony, the report of
16		the Board and the orders of the Department shall be the record
17		of the proceedings. The Department shall furnish a transcript
18		of the record to any person interested in the hearing upon
19		payment of the fee required under Section 2105-115 of the
20		Department of Professional Regulation Law (20 ILCS
21		2105/2105-115).
22		(Source: P.A. 95-639, eff. 10-5-07.)
23		(225 ILCS 65/70-100) (was 225 ILCS 65/20-100)
24		(Section scheduled to be repealed on January 1, 2018)
25		Sec. 70-100. Hearing; findings and recommendations;

HB0313 Engrossed - 424 - LRB100 04130 SMS 14135 b
1		rehearing Board report.
2		(a) The Board or the hearing officer authorized by the
3		Department shall hear evidence in support of the formal charges
4		and evidence produced by the licensee. At the conclusion of the
5		hearing the Board shall present to the Secretary a written
6		report of its findings of fact, conclusions of law, and
7		recommendations. The report shall contain a finding whether or
8		not the accused person violated this Act or failed to comply
9		with the conditions required in this Act. The report shall
10		specify the nature of the violation or failure to comply, and
11		the Board shall make its recommendations to the Secretary.
12		(b) At the conclusion of the hearing, a copy of the Board's
13		or hearing officer's report shall be served upon the applicant
14		or licensee by the Department, either personally or as provided
15		in this Act for the service of a notice of hearing. Within 20
16		calendar days after service, the applicant or licensee may
17		present to the Department a motion in writing for a rehearing,
18		which shall specify the particular grounds for hearing. The
19		Department shall respond to the motion for rehearing within 20
20		calendar days after its service on the Department. If no motion
21		for rehearing is filed, then upon the expiration of the time
22		specified for filing such a motion, or upon denial of a motion
23		for rehearing, the Secretary may enter an order in accordance
24		with the recommendations of the Board or hearing officer. If
25		the applicant or licensee orders from the reporting service and
26		pays for a transcript of the record within the time for filing

HB0313 Engrossed - 425 - LRB100 04130 SMS 14135 b
1		a motion for rehearing, the 20-day period within which a motion
2		may be filed shall commence upon the delivery of the transcript
3		to the applicant or licensee.
4		(c) If the Secretary disagrees in any regard with the
5		report of the Board, the Secretary may issue an order contrary
6		to the report. The report of findings of fact, conclusions of
7		law, and recommendation of the Board shall be the basis for the
8		Department's order of refusal or for the granting of a license
9		or permit unless the Secretary shall determine that the report
10		is contrary to the manifest weight of the evidence, in which
11		case the Secretary may issue an order in contravention of the
12		report. The findings are not admissible in evidence against the
13		person in a criminal prosecution brought for the violation of
14		this Act, but the hearing and findings are not a bar to a
15		criminal prosecution brought for the violation of this Act.
16		(d) Whenever the Secretary is not satisfied that
17		substantial justice has been done, the Secretary may order a
18		rehearing by the same or another hearing officer.
19		(e) All proceedings under this Section are matters of
20		public record and shall be preserved.
21		(f) Upon the suspension or revocation of a license, the
22		licensee shall surrender the license to the Department, and,
23		upon failure to do so, the Department shall seize the same.
24		(Source: P.A. 95-639, eff. 10-5-07.)
25		(225 ILCS 65/70-103 new)

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1		Sec. 70-103. Disposition by consent order. At any point in
2		any investigation or disciplinary proceeding provided for in
3		this Act, both parties may agree to a negotiated consent order.
4		The consent order shall be final upon signature of the
5		Secretary.
6		(225 ILCS 65/70-140) (was 225 ILCS 65/20-140)
7		(Section scheduled to be repealed on January 1, 2018)
8		Sec. 70-140. Review under Administrative Review Law. All
9		final administrative decisions of the Department are hereunder
10		shall be subject to judicial review pursuant to the provisions
11		revisions of the Administrative Review Law, and all rules
12		amendments and modifications thereof, and the rule adopted
13		under the Administrative Review Law pursuant thereto. The term
14		"administrative decision" is defined as in Section 3-101 of the
15		Code of Civil Procedure.
16		Proceedings for judicial review shall be commenced in the
17		circuit court of the county in which the party applying for
18		review resides; however, if the party is not a resident of this
19		State, the venue shall be Sangamon County.
20		(Source: P.A. 95-639, eff. 10-5-07.)
21		(225 ILCS 65/70-145) (was 225 ILCS 65/20-145)
22		(Section scheduled to be repealed on January 1, 2018)
23		Sec. 70-145. Certification of record. The Department shall
24		not be required to certify any record to the court, Court or

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1		file any answer in court, or otherwise appear in any court in a
2		judicial review proceeding, unless and until the Department has
3		received from the plaintiff payment of the costs of furnishing
4		and certifying the record, which costs shall be determined by
5		the Department. Exhibits shall be certified without cost there
6		is filed in the court, with the complaint, a receipt from the
7		Department acknowledging payment of the costs of furnishing and
8		certifying the record. Failure on the part of the plaintiff to
9		file such receipt in Court shall be grounds for dismissal of
10		the action.
11		(Source: P.A. 95-639, eff. 10-5-07.)
12		(225 ILCS 65/70-160) (was 225 ILCS 65/20-160)
13		(Section scheduled to be repealed on January 1, 2018)
14		Sec. 70-160. Illinois Administrative Procedure Act. The
15		Illinois Administrative Procedure Act is hereby expressly
16		adopted and incorporated herein as if all of the provisions of
17		that Act were included in this Act, except that the provision
18		of subsection (d) of Section 10-65 of the Illinois
19		Administrative Procedure Act that provides that at hearings the
20		licensee has the right to show compliance with all lawful
21		requirements for retention, continuation or renewal of the
22		license is specifically excluded. For the purposes of this Act,
23		the notice required under Section 10-25 of the Illinois
24		Administrative Procedure Act is deemed sufficient when mailed
25		to the address of record last known address of a party.

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1		(Source: P.A. 95-639, eff. 10-5-07.)
2		(225 ILCS 65/Art. 75 heading)
3		ARTICLE 75. ILLINOIS NURSING WORKFORCE CENTER FOR NURSING
4		(Article scheduled to be repealed on January 1, 2018)
5		(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
6		(225 ILCS 65/75-10) (was 225 ILCS 65/17-10)
7		(Section scheduled to be repealed on January 1, 2018)
8		Sec. 75-10. Illinois Nursing Workforce Center for Nursing.
9		The purpose of There is created the Illinois Nursing Workforce
10		Center for Nursing to address issues of supply and demand in
11		the nursing profession, including issues of recruitment,
12		retention, and utilization of nurse manpower resources. The
13		General Assembly finds that the Center will enhance the access
14		to and delivery of quality health care services by providing an
15		ongoing strategy for the allocation of the State's resources
16		directed towards nursing. Each of the following objectives
17		shall serve as the primary goals for the Center:
18		(1) To develop a strategic plan for nursing manpower in
19		Illinois by selecting priorities that must be addressed.
20		(2) To convene various groups of representatives of
21		nurses, other health care providers, businesses and
22		industries, consumers, legislators, and educators to:
23		(A) review and comment on data analysis prepared
24		for the Center; and

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1		(B) recommend systemic changes, including
2		strategies for implementation of recommended changes. ;
3		and
4		(C) evaluate and report the results of the Advisory
5		Board's efforts to the General Assembly and others.
6		(3) To enhance and promote recognition, reward, and
7		renewal activities for nurses in Illinois by:
8		(A) proposing and creating reward, recognition,
9		and renewal activities for nursing; and
10		(B) promoting media and positive image-building
11		efforts for nursing.
12		(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
13		(225 ILCS 65/75-15) (was 225 ILCS 65/17-15)
14		(Section scheduled to be repealed on January 1, 2018)
15		Sec. 75-15. Illinois Center for Nursing Workforce Center
16		Advisory Board.
17		(a) There is created the Illinois Center for Nursing
18		Workforce Center Advisory Board, which shall consist of 11
19		members appointed by the Secretary Governor, with 6 members of
20		the Advisory Board being nurses representative of various
21		nursing specialty areas. The other 5 members may include
22		representatives of associations, health care providers,
23		nursing educators, and consumers.
24		(b) The membership of the Advisory Board shall reasonably
25		reflect representation from the geographic areas in this State.

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1		(c) Members of the Advisory Board appointed by the
2		Secretary Governor shall serve for terms of 4 years, with no
3		member serving more than 10 successive years, except that,
4		initially, 4 members shall be appointed to the Advisory Board
5		for terms that expire on June 30, 2009, 4 members shall be
6		appointed to the Advisory Board for terms that expire on June
7		30, 2008, and 3 members shall be appointed to the Advisory
8		Board for terms that expire on June 30, 2007. A member shall
9		serve until his or her successor is appointed and has
10		qualified. Vacancies shall be filled in the same manner as
11		original appointments, and any member so appointed shall serve
12		during the remainder of the term for which the vacancy
13		occurred.
14		(d) A quorum of the Advisory Board shall consist of a
15		majority of Advisory Board members currently serving. A
16		majority vote of the quorum is required for Advisory Board
17		decisions. A vacancy in the membership of the Advisory Board
18		shall not impair the right of a quorum to exercise all of the
19		rights and perform all of the duties of the Advisory Board.
20		(e) The Secretary Governor may remove any appointed member
21		of the Advisory Board for misconduct, incapacity, or neglect of
22		duty and shall be the sole judge of the sufficiency of the
23		cause for removal.
24		(f) Members of the Advisory Board are immune from suit in
25		any action based upon any activities performed in good faith as
26		members of the Advisory Board.

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1		(g) Members of the Advisory Board shall not receive
2		compensation, but shall be reimbursed for actual traveling,
3		incidentals, and expenses necessarily incurred in carrying out
4		their duties as members of the Advisory Board, as approved by
5		the Department.
6		(h) The Advisory Board shall meet annually to elect a
7		chairperson and vice chairperson.
8		(Source: P.A. 97-813, eff. 7-13-12; 98-247, eff. 8-9-13.)
9		(225 ILCS 65/75-20) (was 225 ILCS 65/17-20)
10		(Section scheduled to be repealed on January 1, 2018)
11		Sec. 75-20. Powers and duties of the Advisory Board.
12		(a) The Advisory Board shall be advisory to the Department
13		and shall possess and perform each of the following powers and
14		duties:
15		(1) determine operational policy;
16		(2) (blank); administer grants, scholarships,
17		internships, and other programs, as defined by rule,
18		including the administration of programs, as determined by
19		law, that further those goals set forth in Section 75-10 of
20		this Article, in consultation with other State agencies, as
21		provided by law;
22		(3) establish committees of the Advisory Board as
23		needed;
24		(4) recommend the adoption and, from time to time, the
25		revision of those rules that may be adopted and necessary

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1		to carry out the provisions of this Act;
2		(5) implement the major functions of the Center, as
3		established in the goals set forth in Section 75-10 of this
4		Article; and
5		(6) seek and accept non-State funds for carrying out
6		the policy of the Center.
7		(b) The Center shall work in consultation with other State
8		agencies as necessary.
9		(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)
10		(225 ILCS 65/80-15)
11		(Section scheduled to be repealed on January 1, 2018)
12		Sec. 80-15. Licensure requirement; exempt activities.
13		(a) On and after January 1, 2015, no person shall practice
14		as a medication aide or hold himself or herself out as a
15		licensed medication aide in this State unless he or she is
16		licensed under this Article.
17		(b) Nothing in this Article shall be construed as
18		preventing or restricting the practice, services, or
19		activities of:
20		(1) any person licensed in this State by any other law
21		from engaging in the profession or occupation for which he
22		or she is licensed;
23		(2) any person employed as a medication aide by the
24		government of the United States, if such person practices
25		as a medication aide solely under the direction or control

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1		of the organization by which he or she is employed; or
2		(3) any person pursuing a course of study leading to a
3		certificate in medication aide at an accredited or approved
4		educational program if such activities and services
5		constitute a part of a supervised course of study and if
6		such person is designated by a title which clearly
7		indicates his or her status as a student or trainee.
8		(c) Nothing in this Article shall be construed to limit the
9		delegation of tasks or duties by a physician, dentist, advanced
10		practice registered nurse, or podiatric physician as
11		authorized by law.
12		(Source: P.A. 98-990, eff. 8-18-14.)
13		(225 ILCS 65/80-35)
14		(Section scheduled to be repealed on January 1, 2018)
15		Sec. 80-35. Examinations. The Department shall authorize
16		examinations of applicants for a license under this Article at
17		the times and place as it may designate. The examination shall
18		be of a character to give a fair test of the qualifications of
19		the applicant to practice as a medication aide.
20		Applicants for examination as a medication aide shall be
21		required to pay, either to the Department or the designated
22		testing service, a fee covering the cost of providing the
23		examination. Failure to appear for the examination on the
24		scheduled date, at the time and place specified, after the
25		applicant's application for examination has been received and

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1		acknowledged by the Department or the designated testing
2		service, shall result in the forfeiture of the examination fee.
3		If an applicant fails to pass an examination for licensure
4		registration under this Act within 3 years after filing his or
5		her application, the application shall be denied. The applicant
6		may thereafter make a new application accompanied by the
7		required fee; however, the applicant shall meet all
8		requirements in effect at the time of subsequent application
9		before obtaining licensure. The Department may employ
10		consultants for the purposes of preparing and conducting
11		examinations.
12		(Source: P.A. 98-990, eff. 8-18-14.)
13		(225 ILCS 65/60-15 rep.)
14		(225 ILCS 65/70-30 rep.)
15		(225 ILCS 65/70-65 rep.)
16		(225 ILCS 65/70-105 rep.)
17		(225 ILCS 65/70-110 rep.)
18		(225 ILCS 65/70-115 rep.)
19		(225 ILCS 65/75-5 rep.)
20		Section 165. The Nurse Practice Act is amended by repealing
21		Sections 60-15, 70-30, 70-65, 70-105, 70-110, 70-115, and 75-5.
22		Section 170. The Illinois Occupational Therapy Practice
23		Act is amended by changing Sections 3.1 and 19 as follows:

HB0313 Engrossed - 435 - LRB100 04130 SMS 14135 b
1		(225 ILCS 75/3.1)
2		(Section scheduled to be repealed on January 1, 2024)
3		Sec. 3.1. Referrals.
4		(a) A licensed occupational therapist or licensed
5		occupational therapy assistant may consult with, educate,
6		evaluate, and monitor services for individuals, groups, and
7		populations concerning occupational therapy needs. Except as
8		indicated in subsections (b) and (c) of this Section,
9		implementation of direct occupational therapy treatment to
10		individuals for their specific health care conditions shall be
11		based upon a referral from a licensed physician, dentist,
12		podiatric physician, advanced practice registered nurse,
13		physician assistant, or optometrist.
14		(b) A referral is not required for the purpose of providing
15		consultation, habilitation, screening, education, wellness,
16		prevention, environmental assessments, and work-related
17		ergonomic services to individuals, groups, or populations.
18		(c) Referral from a physician or other health care provider
19		is not required for evaluation or intervention for children and
20		youths if an occupational therapist or occupational therapy
21		assistant provides services in a school-based or educational
22		environment, including the child's home.
23		(d) An occupational therapist shall refer to a licensed
24		physician, dentist, optometrist, advanced practice registered
25		nurse, physician assistant, or podiatric physician any patient
26		whose medical condition should, at the time of evaluation or

HB0313 Engrossed - 436 - LRB100 04130 SMS 14135 b
1		treatment, be determined to be beyond the scope of practice of
2		the occupational therapist.
3		(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
4		98-756, eff. 7-16-14; 99-173, eff. 7-29-15.)
5		(225 ILCS 75/19) (from Ch. 111, par. 3719)
6		(Section scheduled to be repealed on January 1, 2024)
7		Sec. 19. Grounds for discipline.
8		(a) The Department may refuse to issue or renew, or may
9		revoke, suspend, place on probation, reprimand or take other
10		disciplinary or non-disciplinary action as the Department may
11		deem proper, including imposing fines not to exceed $10,000 for
12		each violation and the assessment of costs as provided under
13		Section 19.3 of this Act, with regard to any license for any
14		one or combination of the following:
15		(1) Material misstatement in furnishing information to
16		the Department;
17		(2) Violations of this Act, or of the rules promulgated
18		thereunder;
19		(3) Conviction by plea of guilty or nolo contendere,
20		finding of guilt, jury verdict, or entry of judgment or
21		sentencing of any crime, including, but not limited to,
22		convictions, preceding sentences of supervision,
23		conditional discharge, or first offender probation, under
24		the laws of any jurisdiction of the United States that is
25		(i) a felony or (ii) a misdemeanor, an essential element of

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1		which is dishonesty, or that is directly related to the
2		practice of the profession;
3		(4) Fraud or any misrepresentation in applying for or
4		procuring a license under this Act, or in connection with
5		applying for renewal of a license under this Act;
6		(5) Professional incompetence;
7		(6) Aiding or assisting another person, firm,
8		partnership or corporation in violating any provision of
9		this Act or rules;
10		(7) Failing, within 60 days, to provide information in
11		response to a written request made by the Department;
12		(8) Engaging in dishonorable, unethical or
13		unprofessional conduct of a character likely to deceive,
14		defraud or harm the public;
15		(9) Habitual or excessive use or abuse of drugs defined
16		in law as controlled substances, alcohol, or any other
17		substance that results in the inability to practice with
18		reasonable judgment, skill, or safety;
19		(10) Discipline by another state, unit of government,
20		government agency, the District of Columbia, a territory,
21		or foreign nation, if at least one of the grounds for the
22		discipline is the same or substantially equivalent to those
23		set forth herein;
24		(11) Directly or indirectly giving to or receiving from
25		any person, firm, corporation, partnership, or association
26		any fee, commission, rebate or other form of compensation

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1		for professional services not actually or personally
2		rendered. Nothing in this paragraph (11) affects any bona
3		fide independent contractor or employment arrangements
4		among health care professionals, health facilities, health
5		care providers, or other entities, except as otherwise
6		prohibited by law. Any employment arrangements may include
7		provisions for compensation, health insurance, pension, or
8		other employment benefits for the provision of services
9		within the scope of the licensee's practice under this Act.
10		Nothing in this paragraph (11) shall be construed to
11		require an employment arrangement to receive professional
12		fees for services rendered;
13		(12) A finding by the Department that the license
14		holder, after having his license disciplined, has violated
15		the terms of the discipline;
16		(13) Wilfully making or filing false records or reports
17		in the practice of occupational therapy, including but not
18		limited to false records filed with the State agencies or
19		departments;
20		(14) Physical illness, including but not limited to,
21		deterioration through the aging process, or loss of motor
22		skill which results in the inability to practice under this
23		Act with reasonable judgment, skill, or safety;
24		(15) Solicitation of professional services other than
25		by permitted advertising;
26		(16) Allowing one's license under this Act to be used

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1		by an unlicensed person in violation of this Act;
2		(17) Practicing under a false or, except as provided by
3		law, assumed name;
4		(18) Professional incompetence or gross negligence;
5		(19) Malpractice;
6		(20) Promotion of the sale of drugs, devices,
7		appliances, or goods provided for a patient in any manner
8		to exploit the client for financial gain of the licensee;
9		(21) Gross, willful, or continued overcharging for
10		professional services;
11		(22) Mental illness or disability that results in the
12		inability to practice under this Act with reasonable
13		judgment, skill, or safety;
14		(23) Violating the Health Care Worker Self-Referral
15		Act;
16		(24) Having treated patients other than by the practice
17		of occupational therapy as defined in this Act, or having
18		treated patients as a licensed occupational therapist
19		independent of a referral from a physician, advanced
20		practice registered nurse or physician assistant in
21		accordance with Section 3.1, dentist, podiatric physician,
22		or optometrist, or having failed to notify the physician,
23		advanced practice registered nurse, physician assistant,
24		dentist, podiatric physician, or optometrist who
25		established a diagnosis that the patient is receiving
26		occupational therapy pursuant to that diagnosis;

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1		(25) Cheating on or attempting to subvert the licensing
2		examination administered under this Act; and
3		(26) Charging for professional services not rendered,
4		including filing false statements for the collection of
5		fees for which services are not rendered.
6		All fines imposed under this Section shall be paid within
7		60 days after the effective date of the order imposing the fine
8		or in accordance with the terms set forth in the order imposing
9		the fine.
10		(b) The determination by a circuit court that a license
11		holder is subject to involuntary admission or judicial
12		admission as provided in the Mental Health and Developmental
13		Disabilities Code, as now or hereafter amended, operates as an
14		automatic suspension. Such suspension will end only upon a
15		finding by a court that the patient is no longer subject to
16		involuntary admission or judicial admission and an order by the
17		court so finding and discharging the patient. In any case where
18		a license is suspended under this provision, the licensee shall
19		file a petition for restoration and shall include evidence
20		acceptable to the Department that the licensee can resume
21		practice in compliance with acceptable and prevailing
22		standards of their profession.
23		(c) The Department may refuse to issue or may suspend
24		without hearing, as provided for in the Code of Civil
25		Procedure, the license of any person who fails to file a
26		return, to pay the tax, penalty, or interest shown in a filed

HB0313 Engrossed - 441 - LRB100 04130 SMS 14135 b
1		return, or to pay any final assessment of tax, penalty, or
2		interest as required by any tax Act administered by the
3		Illinois Department of Revenue, until such time as the
4		requirements of any such tax Act are satisfied in accordance
5		with subsection (a) of Section 2105-15 of the Department of
6		Professional Regulation Law of the Civil Administrative Code of
7		Illinois.
8		(d) In enforcing this Section, the Department, upon a
9		showing of a possible violation, may compel any individual who
10		is licensed under this Act or any individual who has applied
11		for licensure to submit to a mental or physical examination or
12		evaluation, or both, which may include a substance abuse or
13		sexual offender evaluation, at the expense of the Department.
14		The Department shall specifically designate the examining
15		physician licensed to practice medicine in all of its branches
16		or, if applicable, the multidisciplinary team involved in
17		providing the mental or physical examination and evaluation.
18		The multidisciplinary team shall be led by a physician licensed
19		to practice medicine in all of its branches and may consist of
20		one or more or a combination of physicians licensed to practice
21		medicine in all of its branches, licensed chiropractic
22		physicians, licensed clinical psychologists, licensed clinical
23		social workers, licensed clinical professional counselors, and
24		other professional and administrative staff. Any examining
25		physician or member of the multidisciplinary team may require
26		any person ordered to submit to an examination and evaluation

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1		pursuant to this Section to submit to any additional
2		supplemental testing deemed necessary to complete any
3		examination or evaluation process, including, but not limited
4		to, blood testing, urinalysis, psychological testing, or
5		neuropsychological testing.
6		The Department may order the examining physician or any
7		member of the multidisciplinary team to provide to the
8		Department any and all records, including business records,
9		that relate to the examination and evaluation, including any
10		supplemental testing performed. The Department may order the
11		examining physician or any member of the multidisciplinary team
12		to present testimony concerning this examination and
13		evaluation of the licensee or applicant, including testimony
14		concerning any supplemental testing or documents relating to
15		the examination and evaluation. No information, report,
16		record, or other documents in any way related to the
17		examination and evaluation shall be excluded by reason of any
18		common law or statutory privilege relating to communication
19		between the licensee or applicant and the examining physician
20		or any member of the multidisciplinary team. No authorization
21		is necessary from the licensee or applicant ordered to undergo
22		an evaluation and examination for the examining physician or
23		any member of the multidisciplinary team to provide
24		information, reports, records, or other documents or to provide
25		any testimony regarding the examination and evaluation. The
26		individual to be examined may have, at his or her own expense,

HB0313 Engrossed - 443 - LRB100 04130 SMS 14135 b
1		another physician of his or her choice present during all
2		aspects of the examination.
3		Failure of any individual to submit to mental or physical
4		examination or evaluation, or both, when directed, shall result
5		in an automatic suspension without hearing, until such time as
6		the individual submits to the examination. If the Department
7		finds a licensee unable to practice because of the reasons set
8		forth in this Section, the Department shall require the
9		licensee to submit to care, counseling, or treatment by
10		physicians approved or designated by the Department as a
11		condition for continued, reinstated, or renewed licensure.
12		When the Secretary immediately suspends a license under
13		this Section, a hearing upon such person's license must be
14		convened by the Department within 15 days after the suspension
15		and completed without appreciable delay. The Department shall
16		have the authority to review the licensee's record of treatment
17		and counseling regarding the impairment to the extent permitted
18		by applicable federal statutes and regulations safeguarding
19		the confidentiality of medical records.
20		Individuals licensed under this Act that are affected under
21		this Section, shall be afforded an opportunity to demonstrate
22		to the Department that they can resume practice in compliance
23		with acceptable and prevailing standards under the provisions
24		of their license.
25		(e) The Department shall deny a license or renewal
26		authorized by this Act to a person who has defaulted on an

HB0313 Engrossed - 444 - LRB100 04130 SMS 14135 b
1		educational loan or scholarship provided or guaranteed by the
2		Illinois Student Assistance Commission or any governmental
3		agency of this State in accordance with paragraph (5) of
4		subsection (a) of Section 2105-15 of the Department of
5		Professional Regulation Law of the Civil Administrative Code of
6		Illinois.
7		(f) In cases where the Department of Healthcare and Family
8		Services has previously determined a licensee or a potential
9		licensee is more than 30 days delinquent in the payment of
10		child support and has subsequently certified the delinquency to
11		the Department, the Department may refuse to issue or renew or
12		may revoke or suspend that person's license or may take other
13		disciplinary action against that person based solely upon the
14		certification of delinquency made by the Department of
15		Healthcare and Family Services in accordance with paragraph (5)
16		of subsection (a) of Section 2105-15 of the Department of
17		Professional Regulation Law of the Civil Administrative Code of
18		Illinois.
19		(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
20		98-756, eff. 7-16-14.)
21		Section 175. The Orthotics, Prosthetics, and Pedorthics
22		Practice Act is amended by changing Sections 15 and 57 as
23		follows:
24		(225 ILCS 84/15)

HB0313 Engrossed - 445 - LRB100 04130 SMS 14135 b
1		(Section scheduled to be repealed on January 1, 2020)
2		Sec. 15. Exceptions. This Act shall not be construed to
3		prohibit:
4		(1) a physician licensed in this State from engaging in the
5		practice for which he or she is licensed;
6		(2) a person licensed in this State under any other Act
7		from engaging in the practice for which he or she is licensed;
8		(3) the practice of orthotics, prosthetics, or pedorthics
9		by a person who is employed by the federal government or any
10		bureau, division, or agency of the federal government while in
11		the discharge of the employee's official duties;
12		(4) the practice of orthotics, prosthetics, or pedorthics
13		by (i) a student enrolled in a school of orthotics,
14		prosthetics, or pedorthics, (ii) a resident continuing his or
15		her clinical education in a residency accredited by the
16		National Commission on Orthotic and Prosthetic Education, or
17		(iii) a student in a qualified work experience program or
18		internship in pedorthics;
19		(5) the practice of orthotics, prosthetics, or pedorthics
20		by one who is an orthotist, prosthetist, or pedorthist licensed
21		under the laws of another state or territory of the United
22		States or another country and has applied in writing to the
23		Department, in a form and substance satisfactory to the
24		Department, for a license as orthotist, prosthetist, or
25		pedorthist and who is qualified to receive the license under
26		Section 40 until (i) the expiration of 6 months after the

HB0313 Engrossed - 446 - LRB100 04130 SMS 14135 b
1		filing of the written application, (ii) the withdrawal of the
2		application, or (iii) the denial of the application by the
3		Department;
4		(6) a person licensed by this State as a physical
5		therapist, occupational therapist, or advanced practice
6		registered nurse from engaging in his or her profession; or
7		(7) a physician licensed under the Podiatric Medical
8		Practice Act of 1987 from engaging in his or her profession.
9		(Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
10		(225 ILCS 84/57)
11		(Section scheduled to be repealed on January 1, 2020)
12		Sec. 57. Limitation on provision of care and services. A
13		licensed orthotist, prosthetist, or pedorthist may provide
14		care or services only if the care or services are provided
15		pursuant to an order from (i) a licensed physician, (ii) a
16		licensed podiatric physician, (iii) a licensed advanced
17		practice registered nurse, or (iv) a licensed physician
18		assistant. A licensed podiatric physician or advanced practice
19		registered nurse collaborating with a podiatric physician may
20		only order care or services concerning the foot from a licensed
21		prosthetist.
22		(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)
23		Section 180. The Pharmacy Practice Act is amended by
24		changing Sections 3, 4, and 16b as follows:

HB0313 Engrossed - 447 - LRB100 04130 SMS 14135 b
1		(225 ILCS 85/3)
2		(Section scheduled to be repealed on January 1, 2018)
3		Sec. 3. Definitions. For the purpose of this Act, except
4		where otherwise limited therein:
5		(a) "Pharmacy" or "drugstore" means and includes every
6		store, shop, pharmacy department, or other place where
7		pharmacist care is provided by a pharmacist (1) where drugs,
8		medicines, or poisons are dispensed, sold or offered for sale
9		at retail, or displayed for sale at retail; or (2) where
10		prescriptions of physicians, dentists, advanced practice
11		registered nurses, physician assistants, veterinarians,
12		podiatric physicians, or optometrists, within the limits of
13		their licenses, are compounded, filled, or dispensed; or (3)
14		which has upon it or displayed within it, or affixed to or used
15		in connection with it, a sign bearing the word or words
16		"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
17		"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
18		"Drugs", "Dispensary", "Medicines", or any word or words of
19		similar or like import, either in the English language or any
20		other language; or (4) where the characteristic prescription
21		sign (Rx) or similar design is exhibited; or (5) any store, or
22		shop, or other place with respect to which any of the above
23		words, objects, signs or designs are used in any advertisement.
24		(b) "Drugs" means and includes (1) articles recognized in
25		the official United States Pharmacopoeia/National Formulary

HB0313 Engrossed - 448 - LRB100 04130 SMS 14135 b
1		(USP/NF), or any supplement thereto and being intended for and
2		having for their main use the diagnosis, cure, mitigation,
3		treatment or prevention of disease in man or other animals, as
4		approved by the United States Food and Drug Administration, but
5		does not include devices or their components, parts, or
6		accessories; and (2) all other articles intended for and having
7		for their main use the diagnosis, cure, mitigation, treatment
8		or prevention of disease in man or other animals, as approved
9		by the United States Food and Drug Administration, but does not
10		include devices or their components, parts, or accessories; and
11		(3) articles (other than food) having for their main use and
12		intended to affect the structure or any function of the body of
13		man or other animals; and (4) articles having for their main
14		use and intended for use as a component or any articles
15		specified in clause (1), (2) or (3); but does not include
16		devices or their components, parts or accessories.
17		(c) "Medicines" means and includes all drugs intended for
18		human or veterinary use approved by the United States Food and
19		Drug Administration.
20		(d) "Practice of pharmacy" means (1) the interpretation and
21		the provision of assistance in the monitoring, evaluation, and
22		implementation of prescription drug orders; (2) the dispensing
23		of prescription drug orders; (3) participation in drug and
24		device selection; (4) drug administration limited to the
25		administration of oral, topical, injectable, and inhalation as
26		follows: in the context of patient education on the proper use

HB0313 Engrossed - 449 - LRB100 04130 SMS 14135 b
1		or delivery of medications; vaccination of patients 14 years of
2		age and older pursuant to a valid prescription or standing
3		order, by a physician licensed to practice medicine in all its
4		branches, upon completion of appropriate training, including
5		how to address contraindications and adverse reactions set
6		forth by rule, with notification to the patient's physician and
7		appropriate record retention, or pursuant to hospital pharmacy
8		and therapeutics committee policies and procedures; (5)
9		vaccination of patients ages 10 through 13 limited to the
10		Influenza (inactivated influenza vaccine and live attenuated
11		influenza intranasal vaccine) and Tdap (defined as tetanus,
12		diphtheria, acellular pertussis) vaccines, pursuant to a valid
13		prescription or standing order, by a physician licensed to
14		practice medicine in all its branches, upon completion of
15		appropriate training, including how to address
16		contraindications and adverse reactions set forth by rule, with
17		notification to the patient's physician and appropriate record
18		retention, or pursuant to hospital pharmacy and therapeutics
19		committee policies and procedures; (6) drug regimen review; (7)
20		drug or drug-related research; (8) the provision of patient
21		counseling; (9) the practice of telepharmacy; (10) the
22		provision of those acts or services necessary to provide
23		pharmacist care; (11) medication therapy management; and (12)
24		the responsibility for compounding and labeling of drugs and
25		devices (except labeling by a manufacturer, repackager, or
26		distributor of non-prescription drugs and commercially

HB0313 Engrossed - 450 - LRB100 04130 SMS 14135 b
1		packaged legend drugs and devices), proper and safe storage of
2		drugs and devices, and maintenance of required records. A
3		pharmacist who performs any of the acts defined as the practice
4		of pharmacy in this State must be actively licensed as a
5		pharmacist under this Act.
6		(e) "Prescription" means and includes any written, oral,
7		facsimile, or electronically transmitted order for drugs or
8		medical devices, issued by a physician licensed to practice
9		medicine in all its branches, dentist, veterinarian, podiatric
10		physician, or optometrist, within the limits of their licenses,
11		by a physician assistant in accordance with subsection (f) of
12		Section 4, or by an advanced practice registered nurse in
13		accordance with subsection (g) of Section 4, containing the
14		following: (1) name of the patient; (2) date when prescription
15		was issued; (3) name and strength of drug or description of the
16		medical device prescribed; and (4) quantity; (5) directions for
17		use; (6) prescriber's name, address, and signature; and (7) DEA
18		number where required, for controlled substances. The
19		prescription may, but is not required to, list the illness,
20		disease, or condition for which the drug or device is being
21		prescribed. DEA numbers shall not be required on inpatient drug
22		orders.
23		(f) "Person" means and includes a natural person,
24		copartnership, association, corporation, government entity, or
25		any other legal entity.
26		(g) "Department" means the Department of Financial and

HB0313 Engrossed - 451 - LRB100 04130 SMS 14135 b
1		Professional Regulation.
2		(h) "Board of Pharmacy" or "Board" means the State Board of
3		Pharmacy of the Department of Financial and Professional
4		Regulation.
5		(i) "Secretary" means the Secretary of Financial and
6		Professional Regulation.
7		(j) "Drug product selection" means the interchange for a
8		prescribed pharmaceutical product in accordance with Section
9		25 of this Act and Section 3.14 of the Illinois Food, Drug and
10		Cosmetic Act.
11		(k) "Inpatient drug order" means an order issued by an
12		authorized prescriber for a resident or patient of a facility
13		licensed under the Nursing Home Care Act, the ID/DD Community
14		Care Act, the MC/DD Act, the Specialized Mental Health
15		Rehabilitation Act of 2013, or the Hospital Licensing Act, or
16		"An Act in relation to the founding and operation of the
17		University of Illinois Hospital and the conduct of University
18		of Illinois health care programs", approved July 3, 1931, as
19		amended, or a facility which is operated by the Department of
20		Human Services (as successor to the Department of Mental Health
21		and Developmental Disabilities) or the Department of
22		Corrections.
23		(k-5) "Pharmacist" means an individual health care
24		professional and provider currently licensed by this State to
25		engage in the practice of pharmacy.
26		(l) "Pharmacist in charge" means the licensed pharmacist

HB0313 Engrossed - 452 - LRB100 04130 SMS 14135 b
1		whose name appears on a pharmacy license and who is responsible
2		for all aspects of the operation related to the practice of
3		pharmacy.
4		(m) "Dispense" or "dispensing" means the interpretation,
5		evaluation, and implementation of a prescription drug order,
6		including the preparation and delivery of a drug or device to a
7		patient or patient's agent in a suitable container
8		appropriately labeled for subsequent administration to or use
9		by a patient in accordance with applicable State and federal
10		laws and regulations. "Dispense" or "dispensing" does not mean
11		the physical delivery to a patient or a patient's
12		representative in a home or institution by a designee of a
13		pharmacist or by common carrier. "Dispense" or "dispensing"
14		also does not mean the physical delivery of a drug or medical
15		device to a patient or patient's representative by a
16		pharmacist's designee within a pharmacy or drugstore while the
17		pharmacist is on duty and the pharmacy is open.
18		(n) "Nonresident pharmacy" means a pharmacy that is located
19		in a state, commonwealth, or territory of the United States,
20		other than Illinois, that delivers, dispenses, or distributes,
21		through the United States Postal Service, commercially
22		acceptable parcel delivery service, or other common carrier, to
23		Illinois residents, any substance which requires a
24		prescription.
25		(o) "Compounding" means the preparation and mixing of
26		components, excluding flavorings, (1) as the result of a

HB0313 Engrossed - 453 - LRB100 04130 SMS 14135 b
1		prescriber's prescription drug order or initiative based on the
2		prescriber-patient-pharmacist relationship in the course of
3		professional practice or (2) for the purpose of, or incident
4		to, research, teaching, or chemical analysis and not for sale
5		or dispensing. "Compounding" includes the preparation of drugs
6		or devices in anticipation of receiving prescription drug
7		orders based on routine, regularly observed dispensing
8		patterns. Commercially available products may be compounded
9		for dispensing to individual patients only if all of the
10		following conditions are met: (i) the commercial product is not
11		reasonably available from normal distribution channels in a
12		timely manner to meet the patient's needs and (ii) the
13		prescribing practitioner has requested that the drug be
14		compounded.
15		(p) (Blank).
16		(q) (Blank).
17		(r) "Patient counseling" means the communication between a
18		pharmacist or a student pharmacist under the supervision of a
19		pharmacist and a patient or the patient's representative about
20		the patient's medication or device for the purpose of
21		optimizing proper use of prescription medications or devices.
22		"Patient counseling" may include without limitation (1)
23		obtaining a medication history; (2) acquiring a patient's
24		allergies and health conditions; (3) facilitation of the
25		patient's understanding of the intended use of the medication;
26		(4) proper directions for use; (5) significant potential

HB0313 Engrossed - 454 - LRB100 04130 SMS 14135 b
1		adverse events; (6) potential food-drug interactions; and (7)
2		the need to be compliant with the medication therapy. A
3		pharmacy technician may only participate in the following
4		aspects of patient counseling under the supervision of a
5		pharmacist: (1) obtaining medication history; (2) providing
6		the offer for counseling by a pharmacist or student pharmacist;
7		and (3) acquiring a patient's allergies and health conditions.
8		(s) "Patient profiles" or "patient drug therapy record"
9		means the obtaining, recording, and maintenance of patient
10		prescription information, including prescriptions for
11		controlled substances, and personal information.
12		(t) (Blank).
13		(u) "Medical device" means an instrument, apparatus,
14		implement, machine, contrivance, implant, in vitro reagent, or
15		other similar or related article, including any component part
16		or accessory, required under federal law to bear the label
17		"Caution: Federal law requires dispensing by or on the order of
18		a physician". A seller of goods and services who, only for the
19		purpose of retail sales, compounds, sells, rents, or leases
20		medical devices shall not, by reasons thereof, be required to
21		be a licensed pharmacy.
22		(v) "Unique identifier" means an electronic signature,
23		handwritten signature or initials, thumb print, or other
24		acceptable biometric or electronic identification process as
25		approved by the Department.
26		(w) "Current usual and customary retail price" means the

HB0313 Engrossed - 455 - LRB100 04130 SMS 14135 b
1		price that a pharmacy charges to a non-third-party payor.
2		(x) "Automated pharmacy system" means a mechanical system
3		located within the confines of the pharmacy or remote location
4		that performs operations or activities, other than compounding
5		or administration, relative to storage, packaging, dispensing,
6		or distribution of medication, and which collects, controls,
7		and maintains all transaction information.
8		(y) "Drug regimen review" means and includes the evaluation
9		of prescription drug orders and patient records for (1) known
10		allergies; (2) drug or potential therapy contraindications;
11		(3) reasonable dose, duration of use, and route of
12		administration, taking into consideration factors such as age,
13		gender, and contraindications; (4) reasonable directions for
14		use; (5) potential or actual adverse drug reactions; (6)
15		drug-drug interactions; (7) drug-food interactions; (8)
16		drug-disease contraindications; (9) therapeutic duplication;
17		(10) patient laboratory values when authorized and available;
18		(11) proper utilization (including over or under utilization)
19		and optimum therapeutic outcomes; and (12) abuse and misuse.
20		(z) "Electronic transmission prescription" means any
21		prescription order for which a facsimile or electronic image of
22		the order is electronically transmitted from a licensed
23		prescriber to a pharmacy. "Electronic transmission
24		prescription" includes both data and image prescriptions.
25		(aa) "Medication therapy management services" means a
26		distinct service or group of services offered by licensed

HB0313 Engrossed - 456 - LRB100 04130 SMS 14135 b
1		pharmacists, physicians licensed to practice medicine in all
2		its branches, advanced practice registered nurses authorized
3		in a written agreement with a physician licensed to practice
4		medicine in all its branches, or physician assistants
5		authorized in guidelines by a supervising physician that
6		optimize therapeutic outcomes for individual patients through
7		improved medication use. In a retail or other non-hospital
8		pharmacy, medication therapy management services shall consist
9		of the evaluation of prescription drug orders and patient
10		medication records to resolve conflicts with the following:
11		(1) known allergies;
12		(2) drug or potential therapy contraindications;
13		(3) reasonable dose, duration of use, and route of
14		administration, taking into consideration factors such as
15		age, gender, and contraindications;
16		(4) reasonable directions for use;
17		(5) potential or actual adverse drug reactions;
18		(6) drug-drug interactions;
19		(7) drug-food interactions;
20		(8) drug-disease contraindications;
21		(9) identification of therapeutic duplication;
22		(10) patient laboratory values when authorized and
23		available;
24		(11) proper utilization (including over or under
25		utilization) and optimum therapeutic outcomes; and
26		(12) drug abuse and misuse.

HB0313 Engrossed - 457 - LRB100 04130 SMS 14135 b
1		"Medication therapy management services" includes the
2		following:
3		(1) documenting the services delivered and
4		communicating the information provided to patients'
5		prescribers within an appropriate time frame, not to exceed
6		48 hours;
7		(2) providing patient counseling designed to enhance a
8		patient's understanding and the appropriate use of his or
9		her medications; and
10		(3) providing information, support services, and
11		resources designed to enhance a patient's adherence with
12		his or her prescribed therapeutic regimens.
13		"Medication therapy management services" may also include
14		patient care functions authorized by a physician licensed to
15		practice medicine in all its branches for his or her identified
16		patient or groups of patients under specified conditions or
17		limitations in a standing order from the physician.
18		"Medication therapy management services" in a licensed
19		hospital may also include the following:
20		(1) reviewing assessments of the patient's health
21		status; and
22		(2) following protocols of a hospital pharmacy and
23		therapeutics committee with respect to the fulfillment of
24		medication orders.
25		(bb) "Pharmacist care" means the provision by a pharmacist
26		of medication therapy management services, with or without the

HB0313 Engrossed - 458 - LRB100 04130 SMS 14135 b
1		dispensing of drugs or devices, intended to achieve outcomes
2		that improve patient health, quality of life, and comfort and
3		enhance patient safety.
4		(cc) "Protected health information" means individually
5		identifiable health information that, except as otherwise
6		provided, is:
7		(1) transmitted by electronic media;
8		(2) maintained in any medium set forth in the
9		definition of "electronic media" in the federal Health
10		Insurance Portability and Accountability Act; or
11		(3) transmitted or maintained in any other form or
12		medium.
13		"Protected health information" does not include
14		individually identifiable health information found in:
15		(1) education records covered by the federal Family
16		Educational Right and Privacy Act; or
17		(2) employment records held by a licensee in its role
18		as an employer.
19		(dd) "Standing order" means a specific order for a patient
20		or group of patients issued by a physician licensed to practice
21		medicine in all its branches in Illinois.
22		(ee) "Address of record" means the address recorded by the
23		Department in the applicant's or licensee's application file or
24		license file, as maintained by the Department's licensure
25		maintenance unit.
26		(ff) "Home pharmacy" means the location of a pharmacy's

HB0313 Engrossed - 459 - LRB100 04130 SMS 14135 b
1		primary operations.
2		(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
3		98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
4		(225 ILCS 85/4) (from Ch. 111, par. 4124)
5		(Section scheduled to be repealed on January 1, 2018)
6		Sec. 4. Exemptions. Nothing contained in any Section of
7		this Act shall apply to, or in any manner interfere with:
8		(a) the lawful practice of any physician licensed to
9		practice medicine in all of its branches, dentist, podiatric
10		physician, veterinarian, or therapeutically or diagnostically
11		certified optometrist within the limits of his or her license,
12		or prevent him or her from supplying to his or her bona fide
13		patients such drugs, medicines, or poisons as may seem to him
14		appropriate;
15		(b) the sale of compressed gases;
16		(c) the sale of patent or proprietary medicines and
17		household remedies when sold in original and unbroken packages
18		only, if such patent or proprietary medicines and household
19		remedies be properly and adequately labeled as to content and
20		usage and generally considered and accepted as harmless and
21		nonpoisonous when used according to the directions on the
22		label, and also do not contain opium or coca leaves, or any
23		compound, salt or derivative thereof, or any drug which,
24		according to the latest editions of the following authoritative
25		pharmaceutical treatises and standards, namely, The United

HB0313 Engrossed - 460 - LRB100 04130 SMS 14135 b
1		States Pharmacopoeia/National Formulary (USP/NF), the United
2		States Dispensatory, and the Accepted Dental Remedies of the
3		Council of Dental Therapeutics of the American Dental
4		Association or any or either of them, in use on the effective
5		date of this Act, or according to the existing provisions of
6		the Federal Food, Drug, and Cosmetic Act and Regulations of the
7		Department of Health and Human Services, Food and Drug
8		Administration, promulgated thereunder now in effect, is
9		designated, described or considered as a narcotic, hypnotic,
10		habit forming, dangerous, or poisonous drug;
11		(d) the sale of poultry and livestock remedies in original
12		and unbroken packages only, labeled for poultry and livestock
13		medication;
14		(e) the sale of poisonous substances or mixture of
15		poisonous substances, in unbroken packages, for nonmedicinal
16		use in the arts or industries or for insecticide purposes;
17		provided, they are properly and adequately labeled as to
18		content and such nonmedicinal usage, in conformity with the
19		provisions of all applicable federal, state and local laws and
20		regulations promulgated thereunder now in effect relating
21		thereto and governing the same, and those which are required
22		under such applicable laws and regulations to be labeled with
23		the word "Poison", are also labeled with the word "Poison"
24		printed thereon in prominent type and the name of a readily
25		obtainable antidote with directions for its administration;
26		(f) the delegation of limited prescriptive authority by a

HB0313 Engrossed - 461 - LRB100 04130 SMS 14135 b
1		physician licensed to practice medicine in all its branches to
2		a physician assistant under Section 7.5 of the Physician
3		Assistant Practice Act of 1987. This delegated authority under
4		Section 7.5 of the Physician Assistant Practice Act of 1987
5		may, but is not required to, include prescription of controlled
6		substances, as defined in Article II of the Illinois Controlled
7		Substances Act, in accordance with a written supervision
8		agreement; and
9		(g) the delegation of prescriptive authority by a physician
10		licensed to practice medicine in all its branches or a licensed
11		podiatric physician to an advanced practice registered nurse in
12		accordance with a written collaborative agreement under
13		Sections 65-35 and 65-40 of the Nurse Practice Act.
14		(Source: P.A. 98-214, eff. 8-9-13.)
15		(225 ILCS 85/16b)
16		(Section scheduled to be repealed on January 1, 2018)
17		Sec. 16b. Prescription pick up and drop off. Nothing
18		contained in this Act shall prohibit a pharmacist or pharmacy,
19		by means of its employee or by use of a common carrier or the
20		U.S. mail, at the request of the patient, from picking up
21		prescription orders from the prescriber or delivering
22		prescription drugs to the patient or the patient's agent,
23		including an advanced practice registered nurse, practical
24		nurse, or registered nurse licensed under the Nurse Practice
25		Act, or a physician assistant licensed under the Physician

HB0313 Engrossed - 462 - LRB100 04130 SMS 14135 b
1		Assistant Practice Act of 1987, who provides hospice services
2		to a hospice patient or who provides home health services to a
3		person, at the residence or place of employment of the person
4		for whom the prescription was issued or at the hospital or
5		medical care facility in which the patient is confined.
6		Conversely, the patient or patient's agent may drop off
7		prescriptions at a designated area. In this Section, "home
8		health services" has the meaning ascribed to it in the Home
9		Health, Home Services, and Home Nursing Agency Licensing Act;
10		and "hospice patient" and "hospice services" have the meanings
11		ascribed to them in the Hospice Program Licensing Act.
12		(Source: P.A. 99-163, eff. 1-1-16.)
13		Section 185. The Illinois Physical Therapy Act is amended
14		by changing Sections 1 and 17 as follows:
15		(225 ILCS 90/1) (from Ch. 111, par. 4251)
16		(Section scheduled to be repealed on January 1, 2026)
17		Sec. 1. Definitions. As used in this Act:
18		(1) "Physical therapy" means all of the following:
19		(A) Examining, evaluating, and testing individuals who
20		may have mechanical, physiological, or developmental
21		impairments, functional limitations, disabilities, or
22		other health and movement-related conditions, classifying
23		these disorders, determining a rehabilitation prognosis
24		and plan of therapeutic intervention, and assessing the

HB0313 Engrossed - 463 - LRB100 04130 SMS 14135 b
1		on-going effects of the interventions.
2		(B) Alleviating impairments, functional limitations,
3		or disabilities by designing, implementing, and modifying
4		therapeutic interventions that may include, but are not
5		limited to, the evaluation or treatment of a person through
6		the use of the effective properties of physical measures
7		and heat, cold, light, water, radiant energy, electricity,
8		sound, and air and use of therapeutic massage, therapeutic
9		exercise, mobilization, and rehabilitative procedures,
10		with or without assistive devices, for the purposes of
11		preventing, correcting, or alleviating a physical or
12		mental impairment, functional limitation, or disability.
13		(C) Reducing the risk of injury, impairment,
14		functional limitation, or disability, including the
15		promotion and maintenance of fitness, health, and
16		wellness.
17		(D) Engaging in administration, consultation,
18		education, and research.
19		"Physical therapy" includes, but is not limited to: (a)
20		performance of specialized tests and measurements, (b)
21		administration of specialized treatment procedures, (c)
22		interpretation of referrals from physicians, dentists,
23		advanced practice registered nurses, physician assistants, and
24		podiatric physicians, (d) establishment, and modification of
25		physical therapy treatment programs, (e) administration of
26		topical medication used in generally accepted physical therapy

HB0313 Engrossed - 464 - LRB100 04130 SMS 14135 b
1		procedures when such medication is either prescribed by the
2		patient's physician, licensed to practice medicine in all its
3		branches, the patient's physician licensed to practice
4		podiatric medicine, the patient's advanced practice registered
5		nurse, the patient's physician assistant, or the patient's
6		dentist or used following the physician's orders or written
7		instructions, and (f) supervision or teaching of physical
8		therapy. Physical therapy does not include radiology,
9		electrosurgery, chiropractic technique or determination of a
10		differential diagnosis; provided, however, the limitation on
11		determining a differential diagnosis shall not in any manner
12		limit a physical therapist licensed under this Act from
13		performing an evaluation pursuant to such license. Nothing in
14		this Section shall limit a physical therapist from employing
15		appropriate physical therapy techniques that he or she is
16		educated and licensed to perform. A physical therapist shall
17		refer to a licensed physician, advanced practice registered
18		nurse, physician assistant, dentist, podiatric physician,
19		other physical therapist, or other health care provider any
20		patient whose medical condition should, at the time of
21		evaluation or treatment, be determined to be beyond the scope
22		of practice of the physical therapist.
23		(2) "Physical therapist" means a person who practices
24		physical therapy and who has met all requirements as provided
25		in this Act.
26		(3) "Department" means the Department of Professional

HB0313 Engrossed - 465 - LRB100 04130 SMS 14135 b
1		Regulation.
2		(4) "Director" means the Director of Professional
3		Regulation.
4		(5) "Board" means the Physical Therapy Licensing and
5		Disciplinary Board approved by the Director.
6		(6) "Referral" means a written or oral authorization for
7		physical therapy services for a patient by a physician,
8		dentist, advanced practice registered nurse, physician
9		assistant, or podiatric physician who maintains medical
10		supervision of the patient and makes a diagnosis or verifies
11		that the patient's condition is such that it may be treated by
12		a physical therapist.
13		(7) "Documented current and relevant diagnosis" for the
14		purpose of this Act means a diagnosis, substantiated by
15		signature or oral verification of a physician, dentist,
16		advanced practice registered nurse, physician assistant, or
17		podiatric physician, that a patient's condition is such that it
18		may be treated by physical therapy as defined in this Act,
19		which diagnosis shall remain in effect until changed by the
20		physician, dentist, advanced practice registered nurse,
21		physician assistant, or podiatric physician.
22		(8) "State" includes:
23		(a) the states of the United States of America;
24		(b) the District of Columbia; and
25		(c) the Commonwealth of Puerto Rico.
26		(9) "Physical therapist assistant" means a person licensed

HB0313 Engrossed - 466 - LRB100 04130 SMS 14135 b
1		to assist a physical therapist and who has met all requirements
2		as provided in this Act and who works under the supervision of
3		a licensed physical therapist to assist in implementing the
4		physical therapy treatment program as established by the
5		licensed physical therapist. The patient care activities
6		provided by the physical therapist assistant shall not include
7		the interpretation of referrals, evaluation procedures, or the
8		planning or major modification of patient programs.
9		(10) "Physical therapy aide" means a person who has
10		received on the job training, specific to the facility in which
11		he is employed.
12		(11) "Advanced practice registered nurse" means a person
13		licensed as an advanced practice registered nurse under the
14		Nurse Practice Act.
15		(12) "Physician assistant" means a person licensed under
16		the Physician Assistant Practice Act of 1987.
17		(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
18		99-229, eff. 8-3-15; 99-642, eff. 7-28-16; revised 10-27-16.)
19		(225 ILCS 90/17) (from Ch. 111, par. 4267)
20		(Section scheduled to be repealed on January 1, 2026)
21		Sec. 17. (1) The Department may refuse to issue or to
22		renew, or may revoke, suspend, place on probation, reprimand,
23		or take other disciplinary action as the Department deems
24		appropriate, including the issuance of fines not to exceed
25		$5000, with regard to a license for any one or a combination of

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1		the following:
2		A. Material misstatement in furnishing information to
3		the Department or otherwise making misleading, deceptive,
4		untrue, or fraudulent representations in violation of this
5		Act or otherwise in the practice of the profession;
6		B. Violations of this Act, or of the rules or
7		regulations promulgated hereunder;
8		C. Conviction of any crime under the laws of the United
9		States or any state or territory thereof which is a felony
10		or which is a misdemeanor, an essential element of which is
11		dishonesty, or of any crime which is directly related to
12		the practice of the profession; conviction, as used in this
13		paragraph, shall include a finding or verdict of guilty, an
14		admission of guilt or a plea of nolo contendere;
15		D. Making any misrepresentation for the purpose of
16		obtaining licenses, or violating any provision of this Act
17		or the rules promulgated thereunder pertaining to
18		advertising;
19		E. A pattern of practice or other behavior which
20		demonstrates incapacity or incompetency to practice under
21		this Act;
22		F. Aiding or assisting another person in violating any
23		provision of this Act or Rules;
24		G. Failing, within 60 days, to provide information in
25		response to a written request made by the Department;
26		H. Engaging in dishonorable, unethical or

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1		unprofessional conduct of a character likely to deceive,
2		defraud or harm the public. Unprofessional conduct shall
3		include any departure from or the failure to conform to the
4		minimal standards of acceptable and prevailing physical
5		therapy practice, in which proceeding actual injury to a
6		patient need not be established;
7		I. Unlawful distribution of any drug or narcotic, or
8		unlawful conversion of any drug or narcotic not belonging
9		to the person for such person's own use or benefit or for
10		other than medically accepted therapeutic purposes;
11		J. Habitual or excessive use or addiction to alcohol,
12		narcotics, stimulants, or any other chemical agent or drug
13		which results in a physical therapist's or physical
14		therapist assistant's inability to practice with
15		reasonable judgment, skill or safety;
16		K. Revocation or suspension of a license to practice
17		physical therapy as a physical therapist or physical
18		therapist assistant or the taking of other disciplinary
19		action by the proper licensing authority of another state,
20		territory or country;
21		L. Directly or indirectly giving to or receiving from
22		any person, firm, corporation, partnership, or association
23		any fee, commission, rebate or other form of compensation
24		for any professional services not actually or personally
25		rendered. Nothing contained in this paragraph prohibits
26		persons holding valid and current licenses under this Act

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1		from practicing physical therapy in partnership under a
2		partnership agreement, including a limited liability
3		partnership, a limited liability company, or a corporation
4		under the Professional Service Corporation Act or from
5		pooling, sharing, dividing, or apportioning the fees and
6		monies received by them or by the partnership, company, or
7		corporation in accordance with the partnership agreement
8		or the policies of the company or professional corporation.
9		Nothing in this paragraph (L) affects any bona fide
10		independent contractor or employment arrangements among
11		health care professionals, health facilities, health care
12		providers, or other entities, except as otherwise
13		prohibited by law. Any employment arrangements may include
14		provisions for compensation, health insurance, pension, or
15		other employment benefits for the provision of services
16		within the scope of the licensee's practice under this Act.
17		Nothing in this paragraph (L) shall be construed to require
18		an employment arrangement to receive professional fees for
19		services rendered;
20		M. A finding by the Board that the licensee after
21		having his or her license placed on probationary status has
22		violated the terms of probation;
23		N. Abandonment of a patient;
24		O. Willfully failing to report an instance of suspected
25		child abuse or neglect as required by the Abused and
26		Neglected Child Reporting Act;

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1		P. Willfully failing to report an instance of suspected
2		elder abuse or neglect as required by the Elder Abuse
3		Reporting Act;
4		Q. Physical illness, including but not limited to,
5		deterioration through the aging process, or loss of motor
6		skill which results in the inability to practice the
7		profession with reasonable judgement, skill or safety;
8		R. The use of any words (such as physical therapy,
9		physical therapist physiotherapy or physiotherapist),
10		abbreviations, figures or letters with the intention of
11		indicating practice as a licensed physical therapist
12		without a valid license as a physical therapist issued
13		under this Act;
14		S. The use of the term physical therapist assistant, or
15		abbreviations, figures, or letters with the intention of
16		indicating practice as a physical therapist assistant
17		without a valid license as a physical therapist assistant
18		issued under this Act;
19		T. Willfully violating or knowingly assisting in the
20		violation of any law of this State relating to the practice
21		of abortion;
22		U. Continued practice by a person knowingly having an
23		infectious, communicable or contagious disease;
24		V. Having treated ailments of human beings otherwise
25		than by the practice of physical therapy as defined in this
26		Act, or having treated ailments of human beings as a

HB0313 Engrossed - 471 - LRB100 04130 SMS 14135 b
1		licensed physical therapist independent of a documented
2		referral or a documented current and relevant diagnosis
3		from a physician, dentist, advanced practice registered
4		nurse, physician assistant, or podiatric physician, or
5		having failed to notify the physician, dentist, advanced
6		practice registered nurse, physician assistant, or
7		podiatric physician who established a documented current
8		and relevant diagnosis that the patient is receiving
9		physical therapy pursuant to that diagnosis;
10		W. Being named as a perpetrator in an indicated report
11		by the Department of Children and Family Services pursuant
12		to the Abused and Neglected Child Reporting Act, and upon
13		proof by clear and convincing evidence that the licensee
14		has caused a child to be an abused child or neglected child
15		as defined in the Abused and Neglected Child Reporting Act;
16		X. Interpretation of referrals, performance of
17		evaluation procedures, planning or making major
18		modifications of patient programs by a physical therapist
19		assistant;
20		Y. Failure by a physical therapist assistant and
21		supervising physical therapist to maintain continued
22		contact, including periodic personal supervision and
23		instruction, to insure safety and welfare of patients;
24		Z. Violation of the Health Care Worker Self-Referral
25		Act.
26		(2) The determination by a circuit court that a licensee is

HB0313 Engrossed - 472 - LRB100 04130 SMS 14135 b
1		subject to involuntary admission or judicial admission as
2		provided in the Mental Health and Developmental Disabilities
3		Code operates as an automatic suspension. Such suspension will
4		end only upon a finding by a court that the patient is no
5		longer subject to involuntary admission or judicial admission
6		and the issuance of an order so finding and discharging the
7		patient; and upon the recommendation of the Board to the
8		Director that the licensee be allowed to resume his practice.
9		(3) The Department may refuse to issue or may suspend the
10		license of any person who fails to file a return, or to pay the
11		tax, penalty or interest shown in a filed return, or to pay any
12		final assessment of tax, penalty or interest, as required by
13		any tax Act administered by the Illinois Department of Revenue,
14		until such time as the requirements of any such tax Act are
15		satisfied.
16		(Source: P.A. 98-214, eff. 8-9-13.)
17		Section 190. The Podiatric Medical Practice Act of 1987 is
18		amended by changing Section 20.5 as follows:
19		(225 ILCS 100/20.5)
20		(Section scheduled to be repealed on January 1, 2018)
21		Sec. 20.5. Delegation of authority to advanced practice
22		registered nurses.
23		(a) A podiatric physician in active clinical practice may
24		collaborate with an advanced practice registered nurse in

HB0313 Engrossed - 473 - LRB100 04130 SMS 14135 b
1		accordance with the requirements of the Nurse Practice Act.
2		Collaboration shall be for the purpose of providing podiatric
3		care and no employment relationship shall be required. A
4		written collaborative agreement shall conform to the
5		requirements of Section 65-35 of the Nurse Practice Act. A
6		written collaborative agreement and podiatric physician
7		collaboration and consultation shall be adequate with respect
8		to advanced practice registered nurses if all of the following
9		apply:
10		(1) With respect to the provision of anesthesia
11		services by a certified registered nurse anesthetist, the
12		collaborating podiatric physician must have training and
13		experience in the delivery of anesthesia consistent with
14		Department rules.
15		(2) Methods of communication are available with the
16		collaborating podiatric physician in person or through
17		telecommunications or electronic communications for
18		consultation, collaboration, and referral as needed to
19		address patient care needs.
20		(3) With respect to the provision of anesthesia
21		services by a certified registered nurse anesthetist, an
22		anesthesiologist, physician, or podiatric physician shall
23		participate through discussion of and agreement with the
24		anesthesia plan and shall remain physically present and be
25		available on the premises during the delivery of anesthesia
26		services for diagnosis, consultation, and treatment of

HB0313 Engrossed - 474 - LRB100 04130 SMS 14135 b
1		emergency medical conditions. The anesthesiologist or
2		operating podiatric physician must agree with the
3		anesthesia plan prior to the delivery of services.
4		(b) The collaborating podiatric physician shall have
5		access to the records of all patients attended to by an
6		advanced practice registered nurse.
7		(c) Nothing in this Section shall be construed to limit the
8		delegation of tasks or duties by a podiatric physician to a
9		licensed practical nurse, a registered professional nurse, or
10		other appropriately trained persons.
11		(d) A podiatric physician shall not be liable for the acts
12		or omissions of an advanced practice registered nurse solely on
13		the basis of having signed guidelines or a collaborative
14		agreement, an order, a standing order, a standing delegation
15		order, or other order or guideline authorizing an advanced
16		practice registered nurse to perform acts, unless the podiatric
17		physician has reason to believe the advanced practice
18		registered nurse lacked the competency to perform the act or
19		acts or commits willful or wanton misconduct.
20		(e) A podiatric physician, may, but is not required to
21		delegate prescriptive authority to an advanced practice
22		registered nurse as part of a written collaborative agreement
23		and the delegation of prescriptive authority shall conform to
24		the requirements of Section 65-40 of the Nurse Practice Act.
25		(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)

HB0313 Engrossed - 475 - LRB100 04130 SMS 14135 b
1		Section 195. The Respiratory Care Practice Act is amended
2		by changing Sections 10 and 15 as follows:
3		(225 ILCS 106/10)
4		(Section scheduled to be repealed on January 1, 2026)
5		Sec. 10. Definitions. In this Act:
6		"Address of record" means the designated address recorded
7		by the Department in the applicant's or licensee's application
8		file or license file as maintained by the Department's
9		licensure maintenance unit. It is the duty of the applicant or
10		licensee to inform the Department of any change of address and
11		those changes must be made either through the Department's
12		website or by contacting the Department.
13		"Advanced practice registered nurse" means an advanced
14		practice registered nurse licensed under the Nurse Practice
15		Act.
16		"Board" means the Respiratory Care Board appointed by the
17		Secretary.
18		"Basic respiratory care activities" means and includes all
19		of the following activities:
20		(1) Cleaning, disinfecting, and sterilizing equipment
21		used in the practice of respiratory care as delegated by a
22		licensed health care professional or other authorized
23		licensed personnel.
24		(2) Assembling equipment used in the practice of
25		respiratory care as delegated by a licensed health care

HB0313 Engrossed - 476 - LRB100 04130 SMS 14135 b
1		professional or other authorized licensed personnel.
2		(3) Collecting and reviewing patient data through
3		non-invasive means, provided that the collection and
4		review does not include the individual's interpretation of
5		the clinical significance of the data. Collecting and
6		reviewing patient data includes the performance of pulse
7		oximetry and non-invasive monitoring procedures in order
8		to obtain vital signs and notification to licensed health
9		care professionals and other authorized licensed personnel
10		in a timely manner.
11		(4) Maintaining a nasal cannula or face mask for oxygen
12		therapy in the proper position on the patient's face.
13		(5) Assembling a nasal cannula or face mask for oxygen
14		therapy at patient bedside in preparation for use.
15		(6) Maintaining a patient's natural airway by
16		physically manipulating the jaw and neck, suctioning the
17		oral cavity, or suctioning the mouth or nose with a bulb
18		syringe.
19		(7) Performing assisted ventilation during emergency
20		resuscitation using a manual resuscitator.
21		(8) Using a manual resuscitator at the direction of a
22		licensed health care professional or other authorized
23		licensed personnel who is present and performing routine
24		airway suctioning. These activities do not include care of
25		a patient's artificial airway or the adjustment of
26		mechanical ventilator settings while a patient is

HB0313 Engrossed - 477 - LRB100 04130 SMS 14135 b
1		connected to the ventilator.
2		"Basic respiratory care activities" does not mean
3		activities that involve any of the following:
4		(1) Specialized knowledge that results from a course of
5		education or training in respiratory care.
6		(2) An unreasonable risk of a negative outcome for the
7		patient.
8		(3) The assessment or making of a decision concerning
9		patient care.
10		(4) The administration of aerosol medication or
11		medical gas.
12		(5) The insertion and maintenance of an artificial
13		airway.
14		(6) Mechanical ventilatory support.
15		(7) Patient assessment.
16		(8) Patient education.
17		(9) The transferring of oxygen devices, for purposes of
18		patient transport, with a liter flow greater than 6 liters
19		per minute, and the transferring of oxygen devices at any
20		liter flow being delivered to patients less than 12 years
21		of age.
22		"Department" means the Department of Financial and
23		Professional Regulation.
24		"Licensed" means that which is required to hold oneself out
25		as a respiratory care practitioner as defined in this Act.
26		"Licensed health care professional" means a physician

HB0313 Engrossed - 478 - LRB100 04130 SMS 14135 b
1		licensed to practice medicine in all its branches, a licensed
2		advanced practice registered nurse, or a licensed physician
3		assistant.
4		"Order" means a written, oral, or telecommunicated
5		authorization for respiratory care services for a patient by
6		(i) a licensed health care professional who maintains medical
7		supervision of the patient and makes a diagnosis or verifies
8		that the patient's condition is such that it may be treated by
9		a respiratory care practitioner or (ii) a certified registered
10		nurse anesthetist in a licensed hospital or ambulatory surgical
11		treatment center.
12		"Other authorized licensed personnel" means a licensed
13		respiratory care practitioner, a licensed registered nurse, or
14		a licensed practical nurse whose scope of practice authorizes
15		the professional to supervise an individual who is not
16		licensed, certified, or registered as a health professional.
17		"Proximate supervision" means a situation in which an
18		individual is responsible for directing the actions of another
19		individual in the facility and is physically close enough to be
20		readily available, if needed, by the supervised individual.
21		"Respiratory care" and "cardiorespiratory care" mean
22		preventative services, evaluation and assessment services,
23		therapeutic services, cardiopulmonary disease management, and
24		rehabilitative services under the order of a licensed health
25		care professional for an individual with a disorder, disease,
26		or abnormality of the cardiopulmonary system. These terms

HB0313 Engrossed - 479 - LRB100 04130 SMS 14135 b
1		include, but are not limited to, measuring, observing,
2		assessing, and monitoring signs and symptoms, reactions,
3		general behavior, and general physical response of individuals
4		to respiratory care services, including the determination of
5		whether those signs, symptoms, reactions, behaviors, or
6		general physical responses exhibit abnormal characteristics;
7		the administration of pharmacological and therapeutic agents
8		and procedures related to respiratory care services; the
9		collection of blood specimens and other bodily fluids and
10		tissues for, and the performance of, cardiopulmonary
11		diagnostic testing procedures, including, but not limited to,
12		blood gas analysis; development, implementation, and
13		modification of respiratory care treatment plans based on
14		assessed abnormalities of the cardiopulmonary system,
15		respiratory care guidelines, referrals, and orders of a
16		licensed health care professional; application, operation, and
17		management of mechanical ventilatory support and other means of
18		life support, including, but not limited to, hemodynamic
19		cardiovascular support; and the initiation of emergency
20		procedures under the rules promulgated by the Department. A
21		respiratory care practitioner shall refer to a physician
22		licensed to practice medicine in all its branches any patient
23		whose condition, at the time of evaluation or treatment, is
24		determined to be beyond the scope of practice of the
25		respiratory care practitioner.
26		"Respiratory care education program" means a course of

HB0313 Engrossed - 480 - LRB100 04130 SMS 14135 b
1		academic study leading to eligibility for registry or
2		certification in respiratory care. The training is to be
3		approved by an accrediting agency recognized by the Board and
4		shall include an evaluation of competence through a
5		standardized testing mechanism that is determined by the Board
6		to be both valid and reliable.
7		"Respiratory care practitioner" means a person who is
8		licensed by the Department of Professional Regulation and meets
9		all of the following criteria:
10		(1) The person is engaged in the practice of
11		cardiorespiratory care and has the knowledge and skill
12		necessary to administer respiratory care.
13		(2) The person is capable of serving as a resource to
14		the licensed health care professional in relation to the
15		technical aspects of cardiorespiratory care and the safe
16		and effective methods for administering cardiorespiratory
17		care modalities.
18		(3) The person is able to function in situations of
19		unsupervised patient contact requiring great individual
20		judgment.
21		"Secretary" means the Secretary of Financial and
22		Professional Regulation.
23		(Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15;
24		99-642, eff. 7-28-16.)
25		(225 ILCS 106/15)

HB0313 Engrossed - 481 - LRB100 04130 SMS 14135 b
1		(Section scheduled to be repealed on January 1, 2026)
2		Sec. 15. Exemptions.
3		(a) This Act does not prohibit a person legally regulated
4		in this State by any other Act from engaging in any practice
5		for which he or she is authorized.
6		(b) Nothing in this Act shall prohibit the practice of
7		respiratory care by a person who is employed by the United
8		States government or any bureau, division, or agency thereof
9		while in the discharge of the employee's official duties.
10		(c) Nothing in this Act shall be construed to limit the
11		activities and services of a person enrolled in an approved
12		course of study leading to a degree or certificate of registry
13		or certification eligibility in respiratory care if these
14		activities and services constitute a part of a supervised
15		course of study and if the person is designated by a title
16		which clearly indicates his or her status as a student or
17		trainee. Status as a student or trainee shall not exceed 3
18		years from the date of enrollment in an approved course.
19		(d) Nothing in this Act shall prohibit a person from
20		treating ailments by spiritual means through prayer alone in
21		accordance with the tenets and practices of a recognized church
22		or religious denomination.
23		(e) Nothing in this Act shall be construed to prevent a
24		person who is a registered nurse, an advanced practice
25		registered nurse, a licensed practical nurse, a physician
26		assistant, or a physician licensed to practice medicine in all

HB0313 Engrossed - 482 - LRB100 04130 SMS 14135 b
1		its branches from providing respiratory care.
2		(f) Nothing in this Act shall limit a person who is
3		credentialed by the National Society for Cardiopulmonary
4		Technology or the National Board for Respiratory Care from
5		performing pulmonary function tests and respiratory care
6		procedures related to the pulmonary function test. Individuals
7		who do not possess a license to practice respiratory care or a
8		license in another health care field may perform basic
9		screening spirometry limited to peak flow, forced vital
10		capacity, slow vital capacity, and maximum voluntary
11		ventilation if they possess spirometry certification from the
12		National Institute for Occupational Safety and Health, an
13		Office Spirometry Certificate from the American Association
14		for Respiratory Care, or other similarly accepted
15		certification training.
16		(g) Nothing in this Act shall prohibit the collection and
17		analysis of blood by clinical laboratory personnel meeting the
18		personnel standards of the Illinois Clinical Laboratory Act.
19		(h) Nothing in this Act shall prohibit a polysomnographic
20		technologist, technician, or trainee, as defined in the job
21		descriptions jointly accepted by the American Academy of Sleep
22		Medicine, the Association of Polysomnographic Technologists,
23		the Board of Registered Polysomnographic Technologists, and
24		the American Society of Electroneurodiagnostic Technologists,
25		from performing activities within the scope of practice of
26		polysomnographic technology while under the direction of a

HB0313 Engrossed - 483 - LRB100 04130 SMS 14135 b
1		physician licensed in this State.
2		(i) Nothing in this Act shall prohibit a family member from
3		providing respiratory care services to an ill person.
4		(j) Nothing in this Act shall be construed to limit an
5		unlicensed practitioner in a licensed hospital who is working
6		under the proximate supervision of a licensed health care
7		professional or other authorized licensed personnel and
8		providing direct patient care services from performing basic
9		respiratory care activities if the unlicensed practitioner (i)
10		has been trained to perform the basic respiratory care
11		activities at the facility that employs or contracts with the
12		individual and (ii) at a minimum, has annually received an
13		evaluation of the unlicensed practitioner's performance of
14		basic respiratory care activities documented by the facility.
15		(k) Nothing in this Act shall be construed to prohibit a
16		person enrolled in a respiratory care education program or an
17		approved course of study leading to a degree or certification
18		in a health care-related discipline that provides respiratory
19		care activities within his or her scope of practice and
20		employed in a licensed hospital in order to provide direct
21		patient care services under the direction of other authorized
22		licensed personnel from providing respiratory care activities.
23		(l) Nothing in this Act prohibits a person licensed as a
24		respiratory care practitioner in another jurisdiction from
25		providing respiratory care: (i) in a declared emergency in this
26		State; (ii) as a member of an organ procurement team; or (iii)

HB0313 Engrossed - 484 - LRB100 04130 SMS 14135 b
1		as part of a medical transport team that is transporting a
2		patient into or out of this State.
3		(Source: P.A. 99-230, eff. 8-3-15.)
4		Section 200. The Sex Offender Evaluation and Treatment
5		Provider Act is amended by changing Sections 35 and 40 as
6		follows:
7		(225 ILCS 109/35)
8		Sec. 35. Qualifications for licensure.
9		(a)(1) A person is qualified for licensure as a sex
10		offender evaluator if that person:
11		(A) has applied in writing on forms prepared and
12		furnished by the Department;
13		(B) has not engaged or is not engaged in any practice
14		or conduct that would be grounds for disciplining a
15		licensee under Section 75 of this Act; and
16		(C) satisfies the licensure and experience
17		requirements of paragraph (2) of this subsection (a).
18		(2) A person who applies to the Department shall be issued
19		a sex offender evaluator license by the Department if the
20		person meets the qualifications set forth in paragraph (1) of
21		this subsection (a) and provides evidence to the Department
22		that the person:
23		(A) is a physician licensed to practice medicine in all
24		of its branches under the Medical Practice Act of 1987 or

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1		licensed under the laws of another state; an advanced
2		practice registered nurse with psychiatric specialty
3		licensed under the Nurse Practice Act or licensed under the
4		laws of another state; a clinical psychologist licensed
5		under the Clinical Psychologist Licensing Act or licensed
6		under the laws of another state; a licensed clinical social
7		worker licensed under the Clinical Social Work and Social
8		Work Practice Act or licensed under the laws of another
9		state; a licensed clinical professional counselor licensed
10		under the Professional Counselor and Clinical Professional
11		Counselor Licensing and Practice Act or licensed under the
12		laws of another state; or a licensed marriage and family
13		therapist licensed under the Marriage and Family Therapy
14		Therapist Licensing Act or licensed under the laws of
15		another state;
16		(B) has 400 hours of supervised experience in the
17		treatment or evaluation of sex offenders in the last 4
18		years, at least 200 of which are face-to-face therapy or
19		evaluation with sex offenders;
20		(C) has completed at least 10 sex offender evaluations
21		under supervision in the past 4 years; and
22		(D) has at least 40 hours of documented training in the
23		specialty of sex offender evaluation, treatment, or
24		management.
25		Until January 1, 2015, the requirements of subparagraphs
26		(B) and (D) of paragraph (2) of this subsection (a) are

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1		satisfied if the applicant has been listed on the Sex Offender
2		Management Board's Approved Provider List for a minimum of 2
3		years before application for licensure. Until January 1, 2015,
4		the requirements of subparagraph (C) of paragraph (2) of this
5		subsection (a) are satisfied if the applicant has completed at
6		least 10 sex offender evaluations within the 4 years before
7		application for licensure.
8		(b)(1) A person is qualified for licensure as a sex
9		offender treatment provider if that person:
10		(A) has applied in writing on forms prepared and
11		furnished by the Department;
12		(B) has not engaged or is not engaged in any practice
13		or conduct that would be grounds for disciplining a
14		licensee under Section 75 of this Act; and
15		(C) satisfies the licensure and experience
16		requirements of paragraph (2) of this subsection (b).
17		(2) A person who applies to the Department shall be issued
18		a sex offender treatment provider license by the Department if
19		the person meets the qualifications set forth in paragraph (1)
20		of this subsection (b) and provides evidence to the Department
21		that the person:
22		(A) is a physician licensed to practice medicine in all
23		of its branches under the Medical Practice Act of 1987 or
24		licensed under the laws of another state; an advanced
25		practice registered nurse with psychiatric specialty
26		licensed under the Nurse Practice Act or licensed under the

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1		laws of another state; a clinical psychologist licensed
2		under the Clinical Psychologist Licensing Act or licensed
3		under the laws of another state; a licensed clinical social
4		worker licensed under the Clinical Social Work and Social
5		Work Practice Act or licensed under the laws of another
6		state; a licensed clinical professional counselor licensed
7		under the Professional Counselor and Clinical Professional
8		Counselor Licensing and Practice Act or licensed under the
9		laws of another state; or a licensed marriage and family
10		therapist licensed under the Marriage and Family Therapy
11		Therapist Licensing Act or licensed under the laws of
12		another state;
13		(B) has 400 hours of supervised experience in the
14		treatment of sex offenders in the last 4 years, at least
15		200 of which are face-to-face therapy with sex offenders;
16		and
17		(C) has at least 40 hours documented training in the
18		specialty of sex offender evaluation, treatment, or
19		management.
20		Until January 1, 2015, the requirements of subparagraphs
21		(B) and (C) of paragraph (2) of this subsection (b) are
22		satisfied if the applicant has been listed on the Sex Offender
23		Management Board's Approved Provider List for a minimum of 2
24		years before application.
25		(c)(1) A person is qualified for licensure as an associate
26		sex offender provider if that person:

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1		(A) has applied in writing on forms prepared and
2		furnished by the Department;
3		(B) has not engaged or is not engaged in any practice
4		or conduct that would be grounds for disciplining a
5		licensee under Section 75 of this Act; and
6		(C) satisfies the education and experience
7		requirements of paragraph (2) of this subsection (c).
8		(2) A person who applies to the Department shall be issued
9		an associate sex offender provider license by the Department if
10		the person meets the qualifications set forth in paragraph (1)
11		of this subsection (c) and provides evidence to the Department
12		that the person holds a master's degree or higher in social
13		work, psychology, marriage and family therapy, counseling or
14		closely related behavioral science degree, or psychiatry.
15		(Source: P.A. 97-1098, eff. 7-1-13; 98-612, eff. 12-27-13;
16		revised 9-14-16.)
17		(225 ILCS 109/40)
18		Sec. 40. Application; exemptions.
19		(a) No person may act as a sex offender evaluator, sex
20		offender treatment provider, or associate sex offender
21		provider as defined in this Act for the provision of sex
22		offender evaluations or sex offender treatment pursuant to the
23		Sex Offender Management Board Act, the Sexually Dangerous
24		Persons Act, or the Sexually Violent Persons Commitment Act
25		unless the person is licensed to do so by the Department. Any

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1		evaluation or treatment services provided by a licensed health
2		care professional not licensed under this Act shall not be
3		valid under the Sex Offender Management Board Act, the Sexually
4		Dangerous Persons Act, or the Sexually Violent Persons
5		Commitment Act. No business shall provide, attempt to provide,
6		or offer to provide sex offender evaluation services unless it
7		is organized under the Professional Service Corporation Act,
8		the Medical Corporation Act, or the Professional Limited
9		Liability Company Act.
10		(b) Nothing in this Act shall be construed to require any
11		licensed physician, advanced practice registered nurse,
12		physician assistant, or other health care professional to be
13		licensed under this Act for the provision of services for which
14		the person is otherwise licensed. This Act does not prohibit a
15		person licensed under any other Act in this State from engaging
16		in the practice for which he or she is licensed. This Act only
17		applies to the provision of sex offender evaluations or sex
18		offender treatment provided for the purposes of complying with
19		the Sex Offender Management Board Act, the Sexually Dangerous
20		Persons Act, or the Sexually Violent Persons Commitment Act.
21		(Source: P.A. 99-227, eff. 8-3-15.)
22		Section 205. The Registered Surgical Assistant and
23		Registered Surgical Technologist Title Protection Act is
24		amended by changing Section 40 as follows:

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1		(225 ILCS 130/40)
2		(Section scheduled to be repealed on January 1, 2024)
3		Sec. 40. Application of Act. This Act shall not be
4		construed to prohibit the following:
5		(1) A person licensed in this State under any other Act
6		from engaging in the practice for which he or she is
7		licensed, including but not limited to a physician licensed
8		to practice medicine in all its branches, physician
9		assistant, advanced practice registered nurse, or nurse
10		performing surgery-related tasks within the scope of his or
11		her license, nor are these individuals required to be
12		registered under this Act.
13		(2) A person from engaging in practice as a surgical
14		assistant or surgical technologist in the discharge of his
15		or her official duties as an employee of the United States
16		government.
17		(3) One or more registered surgical assistants or
18		surgical technologists from forming a professional service
19		corporation in accordance with the Professional Service
20		Corporation Act and applying for licensure as a corporation
21		providing surgical assistant or surgical technologist
22		services.
23		(4) A student engaging in practice as a surgical
24		assistant or surgical technologist under the direct
25		supervision of a physician licensed to practice medicine in
26		all of its branches as part of his or her program of study

HB0313 Engrossed - 491 - LRB100 04130 SMS 14135 b
1		at a school approved by the Department or in preparation to
2		qualify for the examination as prescribed under Sections 45
3		and 50 of this Act.
4		(5) A person from assisting in surgery at a physician's
5		discretion, including but not limited to medical students
6		and residents, nor are medical students and residents
7		required to be registered under this Act.
8		(6) A hospital, health system or network, ambulatory
9		surgical treatment center, physician licensed to practice
10		medicine in all its branches, physician medical group, or
11		other entity that provides surgery-related services from
12		employing individuals that the entity considers competent
13		to assist in surgery. These entities are not required to
14		utilize registered surgical assistants or registered
15		surgical technologists when providing surgery-related
16		services to patients. Nothing in this subsection shall be
17		construed to limit the ability of an employer to utilize
18		the services of any person to assist in surgery within the
19		employment setting consistent with the individual's skill
20		and training.
21		(Source: P.A. 98-364, eff. 12-31-13.)
22		Section 210. The Genetic Counselor Licensing Act is amended
23		by changing Sections 90 and 95 as follows:
24		(225 ILCS 135/90)

HB0313 Engrossed - 492 - LRB100 04130 SMS 14135 b
1		(Section scheduled to be repealed on January 1, 2025)
2		Sec. 90. Privileged communications and exceptions.
3		(a) With the exception of disclosure to the physician
4		performing or supervising a genetic test and to the referring
5		physician licensed to practice medicine in all its branches,
6		advanced practice registered nurse, or physician assistant, no
7		licensed genetic counselor shall disclose any information
8		acquired from persons consulting the counselor in a
9		professional capacity, except that which may be voluntarily
10		disclosed under any of the following circumstances:
11		(1) In the course of formally reporting, conferring, or
12		consulting with administrative superiors, colleagues, or
13		consultants who share professional responsibility, in
14		which instance all recipients of the information are
15		similarly bound to regard the communication as privileged.
16		(2) With the written consent of the person who provided
17		the information and about whom the information concerns.
18		(3) In the case of death or disability, with the
19		written consent of a personal representative.
20		(4) When a communication reveals the intended
21		commission of a crime or harmful act and such disclosure is
22		judged necessary in the professional judgment of the
23		licensed genetic counselor to protect any person from a
24		clear risk of serious mental or physical harm or injury or
25		to forestall a serious threat to the public safety.
26		(5) When the person waives the privilege by bringing

HB0313 Engrossed - 493 - LRB100 04130 SMS 14135 b
1		any public charges or filing a lawsuit against the
2		licensee.
3		(b) Any person having access to records or anyone who
4		participates in providing genetic counseling services, or in
5		providing any human services, or is supervised by a licensed
6		genetic counselor is similarly bound to regard all information
7		and communications as privileged in accord with this Section.
8		(c) The Mental Health and Developmental Disabilities
9		Confidentiality Act is incorporated herein as if all of its
10		provisions were included in this Act. In the event of a
11		conflict between the application of this Section and the Mental
12		Health and Developmental Disabilities Confidentiality Act to a
13		specific situation, the provisions of the Mental Health and
14		Developmental Disabilities Confidentiality Act shall control.
15		(Source: P.A. 96-1313, eff. 7-27-10.)
16		(225 ILCS 135/95)
17		(Section scheduled to be repealed on January 1, 2025)
18		Sec. 95. Grounds for discipline.
19		(a) The Department may refuse to issue, renew, or may
20		revoke, suspend, place on probation, reprimand, or take other
21		disciplinary or non-disciplinary action as the Department
22		deems appropriate, including the issuance of fines not to
23		exceed $10,000 for each violation, with regard to any license
24		for any one or more of the following:
25		(1) Material misstatement in furnishing information to

HB0313 Engrossed - 494 - LRB100 04130 SMS 14135 b
1		the Department or to any other State agency.
2		(2) Violations or negligent or intentional disregard
3		of this Act, or any of its rules.
4		(3) Conviction by plea of guilty or nolo contendere,
5		finding of guilt, jury verdict, or entry of judgment or
6		sentencing, including, but not limited to, convictions,
7		preceding sentences of supervision, conditional discharge,
8		or first offender probation, under the laws of any
9		jurisdiction of the United States: (i) that is a felony or
10		(ii) that is a misdemeanor, an essential element of which
11		is dishonesty, or that is directly related to the practice
12		of genetic counseling.
13		(4) Making any misrepresentation for the purpose of
14		obtaining a license, or violating any provision of this Act
15		or its rules.
16		(5) Negligence in the rendering of genetic counseling
17		services.
18		(6) Failure to provide genetic testing results and any
19		requested information to a referring physician licensed to
20		practice medicine in all its branches, advanced practice
21		registered nurse, or physician assistant.
22		(7) Aiding or assisting another person in violating any
23		provision of this Act or any rules.
24		(8) Failing to provide information within 60 days in
25		response to a written request made by the Department.
26		(9) Engaging in dishonorable, unethical, or

HB0313 Engrossed - 495 - LRB100 04130 SMS 14135 b
1		unprofessional conduct of a character likely to deceive,
2		defraud, or harm the public and violating the rules of
3		professional conduct adopted by the Department.
4		(10) Failing to maintain the confidentiality of any
5		information received from a client, unless otherwise
6		authorized or required by law.
7		(10.5) Failure to maintain client records of services
8		provided and provide copies to clients upon request.
9		(11) Exploiting a client for personal advantage,
10		profit, or interest.
11		(12) Habitual or excessive use or addiction to alcohol,
12		narcotics, stimulants, or any other chemical agent or drug
13		which results in inability to practice with reasonable
14		skill, judgment, or safety.
15		(13) Discipline by another governmental agency or unit
16		of government, by any jurisdiction of the United States, or
17		by a foreign nation, if at least one of the grounds for the
18		discipline is the same or substantially equivalent to those
19		set forth in this Section.
20		(14) Directly or indirectly giving to or receiving from
21		any person, firm, corporation, partnership, or association
22		any fee, commission, rebate, or other form of compensation
23		for any professional service not actually rendered.
24		Nothing in this paragraph (14) affects any bona fide
25		independent contractor or employment arrangements among
26		health care professionals, health facilities, health care

HB0313 Engrossed - 496 - LRB100 04130 SMS 14135 b
1		providers, or other entities, except as otherwise
2		prohibited by law. Any employment arrangements may include
3		provisions for compensation, health insurance, pension, or
4		other employment benefits for the provision of services
5		within the scope of the licensee's practice under this Act.
6		Nothing in this paragraph (14) shall be construed to
7		require an employment arrangement to receive professional
8		fees for services rendered.
9		(15) A finding by the Department that the licensee,
10		after having the license placed on probationary status has
11		violated the terms of probation.
12		(16) Failing to refer a client to other health care
13		professionals when the licensee is unable or unwilling to
14		adequately support or serve the client.
15		(17) Willfully filing false reports relating to a
16		licensee's practice, including but not limited to false
17		records filed with federal or State agencies or
18		departments.
19		(18) Willfully failing to report an instance of
20		suspected child abuse or neglect as required by the Abused
21		and Neglected Child Reporting Act.
22		(19) Being named as a perpetrator in an indicated
23		report by the Department of Children and Family Services
24		pursuant to the Abused and Neglected Child Reporting Act,
25		and upon proof by clear and convincing evidence that the
26		licensee has caused a child to be an abused child or

HB0313 Engrossed - 497 - LRB100 04130 SMS 14135 b
1		neglected child as defined in the Abused and Neglected
2		Child Reporting Act.
3		(20) Physical or mental disability, including
4		deterioration through the aging process or loss of
5		abilities and skills which results in the inability to
6		practice the profession with reasonable judgment, skill,
7		or safety.
8		(21) Solicitation of professional services by using
9		false or misleading advertising.
10		(22) Failure to file a return, or to pay the tax,
11		penalty of interest shown in a filed return, or to pay any
12		final assessment of tax, penalty or interest, as required
13		by any tax Act administered by the Illinois Department of
14		Revenue or any successor agency or the Internal Revenue
15		Service or any successor agency.
16		(23) Fraud or making any misrepresentation in applying
17		for or procuring a license under this Act or in connection
18		with applying for renewal of a license under this Act.
19		(24) Practicing or attempting to practice under a name
20		other than the full name as shown on the license or any
21		other legally authorized name.
22		(25) Gross overcharging for professional services,
23		including filing statements for collection of fees or
24		monies for which services are not rendered.
25		(26) (Blank).
26		(27) Charging for professional services not rendered,

HB0313 Engrossed - 498 - LRB100 04130 SMS 14135 b
1		including filing false statements for the collection of
2		fees for which services are not rendered.
3		(28) Allowing one's license under this Act to be used
4		by an unlicensed person in violation of this Act.
5		(b) The Department shall deny, without hearing, any
6		application or renewal for a license under this Act to any
7		person who has defaulted on an educational loan guaranteed by
8		the Illinois Student State Assistance Commission; however, the
9		Department may issue a license or renewal if the person in
10		default has established a satisfactory repayment record as
11		determined by the Illinois Student Assistance Commission.
12		(c) The determination by a court that a licensee is subject
13		to involuntary admission or judicial admission as provided in
14		the Mental Health and Developmental Disabilities Code will
15		result in an automatic suspension of his or her license. The
16		suspension will end upon a finding by a court that the licensee
17		is no longer subject to involuntary admission or judicial
18		admission, the issuance of an order so finding and discharging
19		the patient, and the determination of the Secretary that the
20		licensee be allowed to resume professional practice.
21		(d) The Department may refuse to issue or renew or may
22		suspend without hearing the license of any person who fails to
23		file a return, to pay the tax penalty or interest shown in a
24		filed return, or to pay any final assessment of the tax,
25		penalty, or interest as required by any Act regarding the
26		payment of taxes administered by the Illinois Department of

HB0313 Engrossed - 499 - LRB100 04130 SMS 14135 b
1		Revenue until the requirements of the Act are satisfied in
2		accordance with subsection (g) of Section 2105-15 of the Civil
3		Administrative Code of Illinois.
4		(e) In cases where the Department of Healthcare and Family
5		Services has previously determined that a licensee or a
6		potential licensee is more than 30 days delinquent in the
7		payment of child support and has subsequently certified the
8		delinquency to the Department, the Department may refuse to
9		issue or renew or may revoke or suspend that person's license
10		or may take other disciplinary action against that person based
11		solely upon the certification of delinquency made by the
12		Department of Healthcare and Family Services in accordance with
13		item (5) of subsection (a) of Section 2105-15 of the Department
14		of Professional Regulation Law of the Civil Administrative Code
15		of Illinois.
16		(f) All fines or costs imposed under this Section shall be
17		paid within 60 days after the effective date of the order
18		imposing the fine or costs or in accordance with the terms set
19		forth in the order imposing the fine.
20		(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;
21		99-633, eff. 1-1-17; revised 10-27-16.)
22		Section 215. The Illinois Public Aid Code is amended by
23		changing Sections 5-8 and 12-4.37 as follows:
24		(305 ILCS 5/5-8) (from Ch. 23, par. 5-8)

HB0313 Engrossed - 500 - LRB100 04130 SMS 14135 b
1		Sec. 5-8. Practitioners. In supplying medical assistance,
2		the Illinois Department may provide for the legally authorized
3		services of (i) persons licensed under the Medical Practice Act
4		of 1987, as amended, except as hereafter in this Section
5		stated, whether under a general or limited license, (ii)
6		persons licensed under the Nurse Practice Act as advanced
7		practice registered nurses, regardless of whether or not the
8		persons have written collaborative agreements, (iii) persons
9		licensed or registered under other laws of this State to
10		provide dental, medical, pharmaceutical, optometric,
11		podiatric, or nursing services, or other remedial care
12		recognized under State law, and (iv) persons licensed under
13		other laws of this State as a clinical social worker. The
14		Department shall adopt rules, no later than 90 days after the
15		effective date of this amendatory Act of the 99th General
16		Assembly, for the legally authorized services of persons
17		licensed under other laws of this State as a clinical social
18		worker. The Department may not provide for legally authorized
19		services of any physician who has been convicted of having
20		performed an abortion procedure in a wilful and wanton manner
21		on a woman who was not pregnant at the time such abortion
22		procedure was performed. The utilization of the services of
23		persons engaged in the treatment or care of the sick, which
24		persons are not required to be licensed or registered under the
25		laws of this State, is not prohibited by this Section.
26		(Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17.)

HB0313 Engrossed - 501 - LRB100 04130 SMS 14135 b
1		(305 ILCS 5/12-4.37)
2		Sec. 12-4.37. Children's Healthcare Partnership Pilot
3		Program.
4		(a) The Department of Healthcare and Family Services, in
5		cooperation with the Department of Human Services, shall
6		establish a Children's Healthcare Partnership Pilot Program in
7		Sangamon County to fund the provision of various health care
8		services by a single provider, or a group of providers that
9		have entered into an agreement for that purpose, at a single
10		location in the county. Services covered under the pilot
11		program shall include, but need not be limited to, family
12		practice, pediatric, nursing (including advanced practice
13		registered nursing), psychiatric, dental, and vision services.
14		The Departments shall fund the provision of all services
15		provided under the pilot program using a rate structure that is
16		cost-based. To be selected by the Departments as the provider
17		of health care services under the pilot program, a provider or
18		group of providers must serve a disproportionate share of
19		low-income or indigent patients, including recipients of
20		medical assistance under Article V of this Code. The
21		Departments shall adopt rules as necessary to implement this
22		Section.
23		(b) Implementation of this Section is contingent on federal
24		approval. The Department of Healthcare and Family Services
25		shall take appropriate action by January 1, 2010 to seek

HB0313 Engrossed - 502 - LRB100 04130 SMS 14135 b
1		federal approval.
2		(c) This Section is inoperative if the provider of health
3		care services under the pilot program receives designation as a
4		Federally Qualified Health Center (FQHC) or FQHC Look-Alike.
5		(Source: P.A. 96-691, eff. 8-25-09; 96-1000, eff. 7-2-10.)
6		Section 220. The Older Adult Services Act is amended by
7		changing Section 35 as follows:
8		(320 ILCS 42/35)
9		Sec. 35. Older Adult Services Advisory Committee.
10		(a) The Older Adult Services Advisory Committee is created
11		to advise the directors of Aging, Healthcare and Family
12		Services, and Public Health on all matters related to this Act
13		and the delivery of services to older adults in general.
14		(b) The Advisory Committee shall be comprised of the
15		following:
16		(1) The Director of Aging or his or her designee, who
17		shall serve as chair and shall be an ex officio and
18		nonvoting member.
19		(2) The Director of Healthcare and Family Services and
20		the Director of Public Health or their designees, who shall
21		serve as vice-chairs and shall be ex officio and nonvoting
22		members.
23		(3) One representative each of the Governor's Office,
24		the Department of Healthcare and Family Services, the

HB0313 Engrossed - 503 - LRB100 04130 SMS 14135 b
1		Department of Public Health, the Department of Veterans'
2		Affairs, the Department of Human Services, the Department
3		of Insurance, the Department of Commerce and Economic
4		Opportunity, the Department on Aging, the Department on
5		Aging's State Long Term Care Ombudsman, the Illinois
6		Housing Finance Authority, and the Illinois Housing
7		Development Authority, each of whom shall be selected by
8		his or her respective director and shall be an ex officio
9		and nonvoting member.
10		(4) Thirty members appointed by the Director of Aging
11		in collaboration with the directors of Public Health and
12		Healthcare and Family Services, and selected from the
13		recommendations of statewide associations and
14		organizations, as follows:
15		(A) One member representing the Area Agencies on
16		Aging;
17		(B) Four members representing nursing homes or
18		licensed assisted living establishments;
19		(C) One member representing home health agencies;
20		(D) One member representing case management
21		services;
22		(E) One member representing statewide senior
23		center associations;
24		(F) One member representing Community Care Program
25		homemaker services;
26		(G) One member representing Community Care Program

HB0313 Engrossed - 504 - LRB100 04130 SMS 14135 b
1		adult day services;
2		(H) One member representing nutrition project
3		directors;
4		(I) One member representing hospice programs;
5		(J) One member representing individuals with
6		Alzheimer's disease and related dementias;
7		(K) Two members representing statewide trade or
8		labor unions;
9		(L) One advanced practice registered nurse with
10		experience in gerontological nursing;
11		(M) One physician specializing in gerontology;
12		(N) One member representing regional long-term
13		care ombudsmen;
14		(O) One member representing municipal, township,
15		or county officials;
16		(P) (Blank);
17		(Q) (Blank);
18		(R) One member representing the parish nurse
19		movement;
20		(S) One member representing pharmacists;
21		(T) Two members representing statewide
22		organizations engaging in advocacy or legal
23		representation on behalf of the senior population;
24		(U) Two family caregivers;
25		(V) Two citizen members over the age of 60;
26		(W) One citizen with knowledge in the area of

HB0313 Engrossed - 505 - LRB100 04130 SMS 14135 b
1		gerontology research or health care law;
2		(X) One representative of health care facilities
3		licensed under the Hospital Licensing Act; and
4		(Y) One representative of primary care service
5		providers.
6		The Director of Aging, in collaboration with the Directors
7		of Public Health and Healthcare and Family Services, may
8		appoint additional citizen members to the Older Adult Services
9		Advisory Committee. Each such additional member must be either
10		an individual age 60 or older or an uncompensated caregiver for
11		a family member or friend who is age 60 or older.
12		(c) Voting members of the Advisory Committee shall serve
13		for a term of 3 years or until a replacement is named. All
14		members shall be appointed no later than January 1, 2005. Of
15		the initial appointees, as determined by lot, 10 members shall
16		serve a term of one year; 10 shall serve for a term of 2 years;
17		and 12 shall serve for a term of 3 years. Any member appointed
18		to fill a vacancy occurring prior to the expiration of the term
19		for which his or her predecessor was appointed shall be
20		appointed for the remainder of that term. The Advisory
21		Committee shall meet at least quarterly and may meet more
22		frequently at the call of the Chair. A simple majority of those
23		appointed shall constitute a quorum. The affirmative vote of a
24		majority of those present and voting shall be necessary for
25		Advisory Committee action. Members of the Advisory Committee
26		shall receive no compensation for their services.

HB0313 Engrossed - 506 - LRB100 04130 SMS 14135 b
1		(d) The Advisory Committee shall have an Executive
2		Committee comprised of the Chair, the Vice Chairs, and up to 15
3		members of the Advisory Committee appointed by the Chair who
4		have demonstrated expertise in developing, implementing, or
5		coordinating the system restructuring initiatives defined in
6		Section 25. The Executive Committee shall have responsibility
7		to oversee and structure the operations of the Advisory
8		Committee and to create and appoint necessary subcommittees and
9		subcommittee members.
10		(e) The Advisory Committee shall study and make
11		recommendations related to the implementation of this Act,
12		including but not limited to system restructuring initiatives
13		as defined in Section 25 or otherwise related to this Act.
14		(Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10.)
15		Section 225. The Abused and Neglected Child Reporting Act
16		is amended by changing Section 4 as follows:
17		(325 ILCS 5/4)
18		Sec. 4. Persons required to report; privileged
19		communications; transmitting false report. Any physician,
20		resident, intern, hospital, hospital administrator and
21		personnel engaged in examination, care and treatment of
22		persons, surgeon, dentist, dentist hygienist, osteopath,
23		chiropractor, podiatric physician, physician assistant,
24		substance abuse treatment personnel, funeral home director or

HB0313 Engrossed - 507 - LRB100 04130 SMS 14135 b
1		employee, coroner, medical examiner, emergency medical
2		technician, acupuncturist, crisis line or hotline personnel,
3		school personnel (including administrators and both certified
4		and non-certified school employees), personnel of institutions
5		of higher education, educational advocate assigned to a child
6		pursuant to the School Code, member of a school board or the
7		Chicago Board of Education or the governing body of a private
8		school (but only to the extent required in accordance with
9		other provisions of this Section expressly concerning the duty
10		of school board members to report suspected child abuse),
11		truant officers, social worker, social services administrator,
12		domestic violence program personnel, registered nurse,
13		licensed practical nurse, genetic counselor, respiratory care
14		practitioner, advanced practice registered nurse, home health
15		aide, director or staff assistant of a nursery school or a
16		child day care center, recreational or athletic program or
17		facility personnel, early intervention provider as defined in
18		the Early Intervention Services System Act, law enforcement
19		officer, licensed professional counselor, licensed clinical
20		professional counselor, registered psychologist and assistants
21		working under the direct supervision of a psychologist,
22		psychiatrist, or field personnel of the Department of
23		Healthcare and Family Services, Juvenile Justice, Public
24		Health, Human Services (acting as successor to the Department
25		of Mental Health and Developmental Disabilities,
26		Rehabilitation Services, or Public Aid), Corrections, Human

HB0313 Engrossed - 508 - LRB100 04130 SMS 14135 b
1		Rights, or Children and Family Services, supervisor and
2		administrator of general assistance under the Illinois Public
3		Aid Code, probation officer, animal control officer or Illinois
4		Department of Agriculture Bureau of Animal Health and Welfare
5		field investigator, or any other foster parent, homemaker or
6		child care worker having reasonable cause to believe a child
7		known to them in their professional or official capacity may be
8		an abused child or a neglected child shall immediately report
9		or cause a report to be made to the Department.
10		Any member of the clergy having reasonable cause to believe
11		that a child known to that member of the clergy in his or her
12		professional capacity may be an abused child as defined in item
13		(c) of the definition of "abused child" in Section 3 of this
14		Act shall immediately report or cause a report to be made to
15		the Department.
16		Any physician, physician's assistant, registered nurse,
17		licensed practical nurse, medical technician, certified
18		nursing assistant, social worker, or licensed professional
19		counselor of any office, clinic, or any other physical location
20		that provides abortions, abortion referrals, or contraceptives
21		having reasonable cause to believe a child known to him or her
22		in his or her professional or official capacity may be an
23		abused child or a neglected child shall immediately report or
24		cause a report to be made to the Department.
25		If an allegation is raised to a school board member during
26		the course of an open or closed school board meeting that a

HB0313 Engrossed - 509 - LRB100 04130 SMS 14135 b
1		child who is enrolled in the school district of which he or she
2		is a board member is an abused child as defined in Section 3 of
3		this Act, the member shall direct or cause the school board to
4		direct the superintendent of the school district or other
5		equivalent school administrator to comply with the
6		requirements of this Act concerning the reporting of child
7		abuse. For purposes of this paragraph, a school board member is
8		granted the authority in his or her individual capacity to
9		direct the superintendent of the school district or other
10		equivalent school administrator to comply with the
11		requirements of this Act concerning the reporting of child
12		abuse.
13		Notwithstanding any other provision of this Act, if an
14		employee of a school district has made a report or caused a
15		report to be made to the Department under this Act involving
16		the conduct of a current or former employee of the school
17		district and a request is made by another school district for
18		the provision of information concerning the job performance or
19		qualifications of the current or former employee because he or
20		she is an applicant for employment with the requesting school
21		district, the general superintendent of the school district to
22		which the request is being made must disclose to the requesting
23		school district the fact that an employee of the school
24		district has made a report involving the conduct of the
25		applicant or caused a report to be made to the Department, as
26		required under this Act. Only the fact that an employee of the

HB0313 Engrossed - 510 - LRB100 04130 SMS 14135 b
1		school district has made a report involving the conduct of the
2		applicant or caused a report to be made to the Department may
3		be disclosed by the general superintendent of the school
4		district to which the request for information concerning the
5		applicant is made, and this fact may be disclosed only in cases
6		where the employee and the general superintendent have not been
7		informed by the Department that the allegations were unfounded.
8		An employee of a school district who is or has been the subject
9		of a report made pursuant to this Act during his or her
10		employment with the school district must be informed by that
11		school district that if he or she applies for employment with
12		another school district, the general superintendent of the
13		former school district, upon the request of the school district
14		to which the employee applies, shall notify that requesting
15		school district that the employee is or was the subject of such
16		a report.
17		Whenever such person is required to report under this Act
18		in his capacity as a member of the staff of a medical or other
19		public or private institution, school, facility or agency, or
20		as a member of the clergy, he shall make report immediately to
21		the Department in accordance with the provisions of this Act
22		and may also notify the person in charge of such institution,
23		school, facility or agency, or church, synagogue, temple,
24		mosque, or other religious institution, or his designated agent
25		that such report has been made. Under no circumstances shall
26		any person in charge of such institution, school, facility or

HB0313 Engrossed - 511 - LRB100 04130 SMS 14135 b
1		agency, or church, synagogue, temple, mosque, or other
2		religious institution, or his designated agent to whom such
3		notification has been made, exercise any control, restraint,
4		modification or other change in the report or the forwarding of
5		such report to the Department.
6		The privileged quality of communication between any
7		professional person required to report and his patient or
8		client shall not apply to situations involving abused or
9		neglected children and shall not constitute grounds for failure
10		to report as required by this Act or constitute grounds for
11		failure to share information or documents with the Department
12		during the course of a child abuse or neglect investigation. If
13		requested by the professional, the Department shall confirm in
14		writing that the information or documents disclosed by the
15		professional were gathered in the course of a child abuse or
16		neglect investigation.
17		The reporting requirements of this Act shall not apply to
18		the contents of a privileged communication between an attorney
19		and his or her client or to confidential information within the
20		meaning of Rule 1.6 of the Illinois Rules of Professional
21		Conduct relating to the legal representation of an individual
22		client.
23		A member of the clergy may claim the privilege under
24		Section 8-803 of the Code of Civil Procedure.
25		Any office, clinic, or any other physical location that
26		provides abortions, abortion referrals, or contraceptives

HB0313 Engrossed - 512 - LRB100 04130 SMS 14135 b
1		shall provide to all office personnel copies of written
2		information and training materials about abuse and neglect and
3		the requirements of this Act that are provided to employees of
4		the office, clinic, or physical location who are required to
5		make reports to the Department under this Act, and instruct
6		such office personnel to bring to the attention of an employee
7		of the office, clinic, or physical location who is required to
8		make reports to the Department under this Act any reasonable
9		suspicion that a child known to him or her in his or her
10		professional or official capacity may be an abused child or a
11		neglected child. In addition to the above persons required to
12		report suspected cases of abused or neglected children, any
13		other person may make a report if such person has reasonable
14		cause to believe a child may be an abused child or a neglected
15		child.
16		Any person who enters into employment on and after July 1,
17		1986 and is mandated by virtue of that employment to report
18		under this Act, shall sign a statement on a form prescribed by
19		the Department, to the effect that the employee has knowledge
20		and understanding of the reporting requirements of this Act.
21		The statement shall be signed prior to commencement of the
22		employment. The signed statement shall be retained by the
23		employer. The cost of printing, distribution, and filing of the
24		statement shall be borne by the employer.
25		Within one year of initial employment and at least every 5
26		years thereafter, school personnel required to report child

HB0313 Engrossed - 513 - LRB100 04130 SMS 14135 b
1		abuse as provided under this Section must complete mandated
2		reporter training by a provider or agency with expertise in
3		recognizing and reporting child abuse.
4		The Department shall provide copies of this Act, upon
5		request, to all employers employing persons who shall be
6		required under the provisions of this Section to report under
7		this Act.
8		Any person who knowingly transmits a false report to the
9		Department commits the offense of disorderly conduct under
10		subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
11		A violation of this provision is a Class 4 felony.
12		Any person who knowingly and willfully violates any
13		provision of this Section other than a second or subsequent
14		violation of transmitting a false report as described in the
15		preceding paragraph, is guilty of a Class A misdemeanor for a
16		first violation and a Class 4 felony for a second or subsequent
17		violation; except that if the person acted as part of a plan or
18		scheme having as its object the prevention of discovery of an
19		abused or neglected child by lawful authorities for the purpose
20		of protecting or insulating any person or entity from arrest or
21		prosecution, the person is guilty of a Class 4 felony for a
22		first offense and a Class 3 felony for a second or subsequent
23		offense (regardless of whether the second or subsequent offense
24		involves any of the same facts or persons as the first or other
25		prior offense).
26		A child whose parent, guardian or custodian in good faith

HB0313 Engrossed - 514 - LRB100 04130 SMS 14135 b
1		selects and depends upon spiritual means through prayer alone
2		for the treatment or cure of disease or remedial care may be
3		considered neglected or abused, but not for the sole reason
4		that his parent, guardian or custodian accepts and practices
5		such beliefs.
6		A child shall not be considered neglected or abused solely
7		because the child is not attending school in accordance with
8		the requirements of Article 26 of the School Code, as amended.
9		Nothing in this Act prohibits a mandated reporter who
10		reasonably believes that an animal is being abused or neglected
11		in violation of the Humane Care for Animals Act from reporting
12		animal abuse or neglect to the Department of Agriculture's
13		Bureau of Animal Health and Welfare.
14		A home rule unit may not regulate the reporting of child
15		abuse or neglect in a manner inconsistent with the provisions
16		of this Section. This Section is a limitation under subsection
17		(i) of Section 6 of Article VII of the Illinois Constitution on
18		the concurrent exercise by home rule units of powers and
19		functions exercised by the State.
20		For purposes of this Section "child abuse or neglect"
21		includes abuse or neglect of an adult resident as defined in
22		this Act.
23		(Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12;
24		97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff.
25		7-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214,
26		eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.)

HB0313 Engrossed - 515 - LRB100 04130 SMS 14135 b
1		Section 230. The Health Care Workplace Violence Prevention
2		Act is amended by changing Section 10 as follows:
3		(405 ILCS 90/10)
4		Sec. 10. Definitions. In this Act:
5		"Department" means (i) the Department of Human Services, in
6		the case of a health care workplace that is operated or
7		regulated by the Department of Human Services, or (ii) the
8		Department of Public Health, in the case of a health care
9		workplace that is operated or regulated by the Department of
10		Public Health.
11		"Director" means the Secretary of Human Services or the
12		Director of Public Health, as appropriate.
13		"Employee" means any individual who is employed on a
14		full-time, part-time, or contractual basis by a health care
15		workplace.
16		"Health care workplace" means a mental health facility or
17		developmental disability facility as defined in the Mental
18		Health and Developmental Disabilities Code, other than a
19		hospital or unit thereof licensed under the Hospital Licensing
20		Act or operated under the University of Illinois Hospital Act.
21		"Health care workplace" does not include, and shall not be
22		construed to include, any office of a physician licensed to
23		practice medicine in all its branches, an advanced practice
24		registered nurse, or a physician assistant, regardless of the

HB0313 Engrossed - 516 - LRB100 04130 SMS 14135 b
1		form of such office.
2		"Imminent danger" means a preliminary determination of
3		immediate, threatened, or impending risk of physical injury as
4		determined by the employee.
5		"Responsible agency" means the State agency that (i)
6		licenses, certifies, registers, or otherwise regulates or
7		exercises jurisdiction over a health care workplace or a health
8		care workplace's activities or (ii) contracts with a health
9		care workplace for the delivery of health care services.
10		"Violence" or "violent act" means any act by a patient or
11		resident that causes or threatens to cause an injury to another
12		person.
13		(Source: P.A. 94-347, eff. 7-28-05.)
14		Section 235. The Perinatal Mental Health Disorders
15		Prevention and Treatment Act is amended by changing Section 10
16		as follows:
17		(405 ILCS 95/10)
18		Sec. 10. Definitions. In this Act:
19		"Hospital" has the meaning given to that term in the
20		Hospital Licensing Act.
21		"Licensed health care professional" means a physician
22		licensed to practice medicine in all its branches, a licensed
23		advanced practice registered nurse, or a licensed physician
24		assistant.

HB0313 Engrossed - 517 - LRB100 04130 SMS 14135 b
1		"Postnatal care" means an office visit to a licensed health
2		care professional occurring after birth, with reference to the
3		infant or mother.
4		"Prenatal care" means an office visit to a licensed health
5		care professional for pregnancy-related care occurring before
6		birth.
7		"Questionnaire" means an assessment tool administered by a
8		licensed health care professional to detect perinatal mental
9		health disorders, such as the Edinburgh Postnatal Depression
10		Scale, the Postpartum Depression Screening Scale, the Beck
11		Depression Inventory, the Patient Health Questionnaire, or
12		other validated assessment methods.
13		(Source: P.A. 99-173, eff. 7-29-15.)
14		Section 240. The Epinephrine Auto-Injector Act is amended
15		by changing Section 5 as follows:
16		(410 ILCS 27/5)
17		Sec. 5. Definitions. As used in this Act:
18		"Administer" means to directly apply an epinephrine
19		auto-injector to the body of an individual.
20		"Authorized entity" means any entity or organization,
21		other than a school covered under Section 22-30 of the School
22		Code, in connection with or at which allergens capable of
23		causing anaphylaxis may be present, including, but not limited
24		to, independent contractors who provide student transportation

HB0313 Engrossed - 518 - LRB100 04130 SMS 14135 b
1		to schools, recreation camps, colleges and universities, day
2		care facilities, youth sports leagues, amusement parks,
3		restaurants, sports arenas, and places of employment. The
4		Department shall, by rule, determine what constitutes a day
5		care facility under this definition.
6		"Department" means the Department of Public Health.
7		"Epinephrine auto-injector" means a single-use device used
8		for the automatic injection of a pre-measured dose of
9		epinephrine into the human body.
10		"Health care practitioner" means a physician licensed to
11		practice medicine in all its branches under the Medical
12		Practice Act of 1987, a physician assistant under the Physician
13		Assistant Practice Act of 1987 with prescriptive authority, or
14		an advanced practice registered nurse with prescribing
15		authority under Article 65 of the Nurse Practice Act.
16		"Pharmacist" has the meaning given to that term under
17		subsection (k-5) of Section 3 of the Pharmacy Practice Act.
18		"Undesignated epinephrine auto-injector" means an
19		epinephrine auto-injector prescribed in the name of an
20		authorized entity.
21		(Source: P.A. 99-711, eff. 1-1-17.)
22		Section 245. The Lead Poisoning Prevention Act is amended
23		by changing Section 6.2 as follows:
24		(410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)

HB0313 Engrossed - 519 - LRB100 04130 SMS 14135 b
1		Sec. 6.2. Testing children and pregnant persons.
2		(a) Any physician licensed to practice medicine in all its
3		branches or health care provider who sees or treats children 6
4		years of age or younger shall test those children for lead
5		poisoning when those children reside in an area defined as high
6		risk by the Department. Children residing in areas defined as
7		low risk by the Department shall be evaluated for risk by the
8		Childhood Lead Risk Questionnaire developed by the Department
9		and tested if indicated. Children shall be evaluated in
10		accordance with rules adopted by the Department.
11		(b) Each licensed, registered, or approved health care
12		facility serving children 6 years of age or younger, including,
13		but not limited to, health departments, hospitals, clinics, and
14		health maintenance organizations approved, registered, or
15		licensed by the Department, shall take the appropriate steps to
16		ensure that children 6 years of age or younger be evaluated for
17		risk or tested for lead poisoning or both.
18		(c) Children 7 years and older and pregnant persons may
19		also be tested by physicians or health care providers, in
20		accordance with rules adopted by the Department. Physicians and
21		health care providers shall also evaluate children for lead
22		poisoning in conjunction with the school health examination, as
23		required under the School Code, when, in the medical judgment
24		of the physician, advanced practice registered nurse, or
25		physician assistant, the child is potentially at high risk of
26		lead poisoning.

HB0313 Engrossed - 520 - LRB100 04130 SMS 14135 b
1		(d) (Blank).
2		(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15; 99-173,
3		eff. 7-29-15.)
4		Section 250. The Medical Patient Rights Act is amended by
5		changing Section 7 as follows:
6		(410 ILCS 50/7)
7		Sec. 7. Patient examination. Any physician, medical
8		student, resident, advanced practice registered nurse,
9		registered nurse, or physician assistant who provides
10		treatment or care to a patient shall inform the patient of his
11		or her profession upon providing the treatment or care, which
12		includes but is not limited to any physical examination, such
13		as a pelvic examination. In the case of an unconscious patient,
14		any care or treatment must be related to the patient's illness,
15		condition, or disease.
16		(Source: P.A. 93-771, eff. 7-21-04.)
17		Section 255. The Sexual Assault Survivors Emergency
18		Treatment Act is amended by changing Sections 1a, 2.2, 5, 5.5,
19		and 6.5 as follows:
20		(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
21		Sec. 1a. Definitions. In this Act:
22		"Ambulance provider" means an individual or entity that

HB0313 Engrossed - 521 - LRB100 04130 SMS 14135 b
1		owns and operates a business or service using ambulances or
2		emergency medical services vehicles to transport emergency
3		patients.
4		"Areawide sexual assault treatment plan" means a plan,
5		developed by the hospitals in the community or area to be
6		served, which provides for hospital emergency services to
7		sexual assault survivors that shall be made available by each
8		of the participating hospitals.
9		"Department" means the Department of Public Health.
10		"Emergency contraception" means medication as approved by
11		the federal Food and Drug Administration (FDA) that can
12		significantly reduce the risk of pregnancy if taken within 72
13		hours after sexual assault.
14		"Follow-up healthcare" means healthcare services related
15		to a sexual assault, including laboratory services and pharmacy
16		services, rendered within 90 days of the initial visit for
17		hospital emergency services.
18		"Forensic services" means the collection of evidence
19		pursuant to a statewide sexual assault evidence collection
20		program administered by the Department of State Police, using
21		the Illinois State Police Sexual Assault Evidence Collection
22		Kit.
23		"Health care professional" means a physician, a physician
24		assistant, or an advanced practice registered nurse.
25		"Hospital" has the meaning given to that term in the
26		Hospital Licensing Act.

HB0313 Engrossed - 522 - LRB100 04130 SMS 14135 b
1		"Hospital emergency services" means healthcare delivered
2		to outpatients within or under the care and supervision of
3		personnel working in a designated emergency department of a
4		hospital, including, but not limited to, care ordered by such
5		personnel for a sexual assault survivor in the emergency
6		department.
7		"Illinois State Police Sexual Assault Evidence Collection
8		Kit" means a prepackaged set of materials and forms to be used
9		for the collection of evidence relating to sexual assault. The
10		standardized evidence collection kit for the State of Illinois
11		shall be the Illinois State Police Sexual Assault Evidence
12		Collection Kit.
13		"Law enforcement agency having jurisdiction" means the law
14		enforcement agency in the jurisdiction where an alleged sexual
15		assault or sexual abuse occurred.
16		"Nurse" means a nurse licensed under the Nurse Practice
17		Act.
18		"Physician" means a person licensed to practice medicine in
19		all its branches.
20		"Sexual assault" means an act of nonconsensual sexual
21		conduct or sexual penetration, as defined in Section 11-0.1 of
22		the Criminal Code of 2012, including, without limitation, acts
23		prohibited under Sections 11-1.20 through 11-1.60 of the
24		Criminal Code of 2012.
25		"Sexual assault survivor" means a person who presents for
26		hospital emergency services in relation to injuries or trauma

HB0313 Engrossed - 523 - LRB100 04130 SMS 14135 b
1		resulting from a sexual assault.
2		"Sexual assault transfer plan" means a written plan
3		developed by a hospital and approved by the Department, which
4		describes the hospital's procedures for transferring sexual
5		assault survivors to another hospital in order to receive
6		emergency treatment.
7		"Sexual assault treatment plan" means a written plan
8		developed by a hospital that describes the hospital's
9		procedures and protocols for providing hospital emergency
10		services and forensic services to sexual assault survivors who
11		present themselves for such services, either directly or
12		through transfer from another hospital.
13		"Transfer services" means the appropriate medical
14		screening examination and necessary stabilizing treatment
15		prior to the transfer of a sexual assault survivor to a
16		hospital that provides hospital emergency services and
17		forensic services to sexual assault survivors pursuant to a
18		sexual assault treatment plan or areawide sexual assault
19		treatment plan.
20		"Voucher" means a document generated by a hospital at the
21		time the sexual assault survivor receives hospital emergency
22		and forensic services that a sexual assault survivor may
23		present to providers for follow-up healthcare.
24		(Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17.)
25		(410 ILCS 70/2.2)

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1		Sec. 2.2. Emergency contraception.
2		(a) The General Assembly finds:
3		(1) Crimes of sexual assault and sexual abuse cause
4		significant physical, emotional, and psychological trauma
5		to the victims. This trauma is compounded by a victim's
6		fear of becoming pregnant and bearing a child as a result
7		of the sexual assault.
8		(2) Each year over 32,000 women become pregnant in the
9		United States as the result of rape and approximately 50%
10		of these pregnancies end in abortion.
11		(3) As approved for use by the Federal Food and Drug
12		Administration (FDA), emergency contraception can
13		significantly reduce the risk of pregnancy if taken within
14		72 hours after the sexual assault.
15		(4) By providing emergency contraception to rape
16		victims in a timely manner, the trauma of rape can be
17		significantly reduced.
18		(b) Within 120 days after the effective date of this
19		amendatory Act of the 92nd General Assembly, every hospital
20		providing services to sexual assault survivors in accordance
21		with a plan approved under Section 2 must develop a protocol
22		that ensures that each survivor of sexual assault will receive
23		medically and factually accurate and written and oral
24		information about emergency contraception; the indications and
25		counter-indications and risks associated with the use of
26		emergency contraception; and a description of how and when

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1		victims may be provided emergency contraception upon the
2		written order of a physician licensed to practice medicine in
3		all its branches, a licensed advanced practice registered
4		nurse, or a licensed physician assistant. The Department shall
5		approve the protocol if it finds that the implementation of the
6		protocol would provide sufficient protection for survivors of
7		sexual assault.
8		The hospital shall implement the protocol upon approval by
9		the Department. The Department shall adopt rules and
10		regulations establishing one or more safe harbor protocols and
11		setting minimum acceptable protocol standards that hospitals
12		may develop and implement. The Department shall approve any
13		protocol that meets those standards. The Department may provide
14		a sample acceptable protocol upon request.
15		(Source: P.A. 99-173, eff. 7-29-15.)
16		(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
17		Sec. 5. Minimum requirements for hospitals providing
18		hospital emergency services and forensic services to sexual
19		assault survivors.
20		(a) Every hospital providing hospital emergency services
21		and forensic services to sexual assault survivors under this
22		Act shall, as minimum requirements for such services, provide,
23		with the consent of the sexual assault survivor, and as ordered
24		by the attending physician, an advanced practice registered
25		nurse, or a physician assistant, the following:

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1		(1) appropriate medical examinations and laboratory
2		tests required to ensure the health, safety, and welfare of
3		a sexual assault survivor or which may be used as evidence
4		in a criminal proceeding against a person accused of the
5		sexual assault, or both; and records of the results of such
6		examinations and tests shall be maintained by the hospital
7		and made available to law enforcement officials upon the
8		request of the sexual assault survivor;
9		(2) appropriate oral and written information
10		concerning the possibility of infection, sexually
11		transmitted disease and pregnancy resulting from sexual
12		assault;
13		(3) appropriate oral and written information
14		concerning accepted medical procedures, medication, and
15		possible contraindications of such medication available
16		for the prevention or treatment of infection or disease
17		resulting from sexual assault;
18		(4) an amount of medication for treatment at the
19		hospital and after discharge as is deemed appropriate by
20		the attending physician, an advanced practice registered
21		nurse, or a physician assistant and consistent with the
22		hospital's current approved protocol for sexual assault
23		survivors;
24		(5) an evaluation of the sexual assault survivor's risk
25		of contracting human immunodeficiency virus (HIV) from the
26		sexual assault;

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1		(6) written and oral instructions indicating the need
2		for follow-up examinations and laboratory tests after the
3		sexual assault to determine the presence or absence of
4		sexually transmitted disease;
5		(7) referral by hospital personnel for appropriate
6		counseling; and
7		(8) when HIV prophylaxis is deemed appropriate, an
8		initial dose or doses of HIV prophylaxis, along with
9		written and oral instructions indicating the importance of
10		timely follow-up healthcare.
11		(b) Any person who is a sexual assault survivor who seeks
12		emergency hospital services and forensic services or follow-up
13		healthcare under this Act shall be provided such services
14		without the consent of any parent, guardian, custodian,
15		surrogate, or agent.
16		(b-5) Every treating hospital providing hospital emergency
17		and forensic services to sexual assault survivors shall issue a
18		voucher to any sexual assault survivor who is eligible to
19		receive one. The hospital shall make a copy of the voucher and
20		place it in the medical record of the sexual assault survivor.
21		The hospital shall provide a copy of the voucher to the sexual
22		assault survivor after discharge upon request.
23		(c) Nothing in this Section creates a physician-patient
24		relationship that extends beyond discharge from the hospital
25		emergency department.
26		(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;

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1		99-642, eff. 7-28-16.)
2		(410 ILCS 70/5.5)
3		Sec. 5.5. Minimum reimbursement requirements for follow-up
4		healthcare.
5		(a) Every hospital, health care professional, laboratory,
6		or pharmacy that provides follow-up healthcare to a sexual
7		assault survivor, with the consent of the sexual assault
8		survivor and as ordered by the attending physician, an advanced
9		practice registered nurse, or physician assistant shall be
10		reimbursed for the follow-up healthcare services provided.
11		Follow-up healthcare services include, but are not limited to,
12		the following:
13		(1) a physical examination;
14		(2) laboratory tests to determine the presence or
15		absence of sexually transmitted disease; and
16		(3) appropriate medications, including HIV
17		prophylaxis.
18		(b) Reimbursable follow-up healthcare is limited to office
19		visits with a physician, advanced practice registered nurse, or
20		physician assistant within 90 days after an initial visit for
21		hospital emergency services.
22		(c) Nothing in this Section requires a hospital, health
23		care professional, laboratory, or pharmacy to provide
24		follow-up healthcare to a sexual assault survivor.
25		(Source: P.A. 99-173, eff. 7-29-15.)

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1		(410 ILCS 70/6.5)
2		Sec. 6.5. Written consent to the release of sexual assault
3		evidence for testing.
4		(a) Upon the completion of hospital emergency services and
5		forensic services, the health care professional providing the
6		forensic services shall provide the patient the opportunity to
7		sign a written consent to allow law enforcement to submit the
8		sexual assault evidence for testing. The written consent shall
9		be on a form included in the sexual assault evidence collection
10		kit and shall include whether the survivor consents to the
11		release of information about the sexual assault to law
12		enforcement.
13		(1) A survivor 13 years of age or older may sign the
14		written consent to release the evidence for testing.
15		(2) If the survivor is a minor who is under 13 years of
16		age, the written consent to release the sexual assault
17		evidence for testing may be signed by the parent, guardian,
18		investigating law enforcement officer, or Department of
19		Children and Family Services.
20		(3) If the survivor is an adult who has a guardian of
21		the person, a health care surrogate, or an agent acting
22		under a health care power of attorney, the consent of the
23		guardian, surrogate, or agent is not required to release
24		evidence and information concerning the sexual assault or
25		sexual abuse. If the adult is unable to provide consent for

HB0313 Engrossed - 530 - LRB100 04130 SMS 14135 b
1		the release of evidence and information and a guardian,
2		surrogate, or agent under a health care power of attorney
3		is unavailable or unwilling to release the information,
4		then an investigating law enforcement officer may
5		authorize the release.
6		(4) Any health care professional, including any
7		physician, advanced practice registered nurse, physician
8		assistant, or nurse, sexual assault nurse examiner, and any
9		health care institution, including any hospital, who
10		provides evidence or information to a law enforcement
11		officer under a written consent as specified in this
12		Section is immune from any civil or professional liability
13		that might arise from those actions, with the exception of
14		willful or wanton misconduct. The immunity provision
15		applies only if all of the requirements of this Section are
16		met.
17		(b) The hospital shall keep a copy of a signed or unsigned
18		written consent form in the patient's medical record.
19		(c) If a written consent to allow law enforcement to test
20		the sexual assault evidence is not signed at the completion of
21		hospital emergency services and forensic services, the
22		hospital shall include the following information in its
23		discharge instructions:
24		(1) the sexual assault evidence will be stored for 5
25		years from the completion of an Illinois State Police
26		Sexual Assault Evidence Collection Kit, or 5 years from the

HB0313 Engrossed - 531 - LRB100 04130 SMS 14135 b
1		age of 18 years, whichever is longer;
2		(2) a person authorized to consent to the testing of
3		the sexual assault evidence may sign a written consent to
4		allow law enforcement to test the sexual assault evidence
5		at any time during that 5-year period for an adult victim,
6		or until a minor victim turns 23 years of age by (A)
7		contacting the law enforcement agency having jurisdiction,
8		or if unknown, the law enforcement agency contacted by the
9		hospital under Section 3.2 of the Criminal Identification
10		Act; or (B) by working with an advocate at a rape crisis
11		center;
12		(3) the name, address, and phone number of the law
13		enforcement agency having jurisdiction, or if unknown the
14		name, address, and phone number of the law enforcement
15		agency contacted by the hospital under Section 3.2 of the
16		Criminal Identification Act; and
17		(4) the name and phone number of a local rape crisis
18		center.
19		(Source: P.A. 99-801, eff. 1-1-17.)
20		Section 260. The Consent by Minors to Medical Procedures
21		Act is amended by changing Sections 1, 1.5, 2, 3, and 5 as
22		follows:
23		(410 ILCS 210/1) (from Ch. 111, par. 4501)
24		Sec. 1. Consent by minor. The consent to the performance of

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1		a medical or surgical procedure by a physician licensed to
2		practice medicine and surgery, a licensed advanced practice
3		registered nurse, or a licensed physician assistant executed by
4		a married person who is a minor, by a parent who is a minor, by
5		a pregnant woman who is a minor, or by any person 18 years of
6		age or older, is not voidable because of such minority, and,
7		for such purpose, a married person who is a minor, a parent who
8		is a minor, a pregnant woman who is a minor, or any person 18
9		years of age or older, is deemed to have the same legal
10		capacity to act and has the same powers and obligations as has
11		a person of legal age.
12		(Source: P.A. 99-173, eff. 7-29-15.)
13		(410 ILCS 210/1.5)
14		Sec. 1.5. Consent by minor seeking care for primary care
15		services.
16		(a) The consent to the performance of primary care services
17		by a physician licensed to practice medicine in all its
18		branches, a licensed advanced practice registered nurse, or a
19		licensed physician assistant executed by a minor seeking care
20		is not voidable because of such minority, and for such purpose,
21		a minor seeking care is deemed to have the same legal capacity
22		to act and has the same powers and obligations as has a person
23		of legal age under the following circumstances:
24		(1) the health care professional reasonably believes
25		that the minor seeking care understands the benefits and

HB0313 Engrossed - 533 - LRB100 04130 SMS 14135 b
1		risks of any proposed primary care or services; and
2		(2) the minor seeking care is identified in writing as
3		a minor seeking care by:
4		(A) an adult relative;
5		(B) a representative of a homeless service agency
6		that receives federal, State, county, or municipal
7		funding to provide those services or that is otherwise
8		sanctioned by a local continuum of care;
9		(C) an attorney licensed to practice law in this
10		State;
11		(D) a public school homeless liaison or school
12		social worker;
13		(E) a social service agency providing services to
14		at risk, homeless, or runaway youth; or
15		(F) a representative of a religious organization.
16		(b) A health care professional rendering primary care
17		services under this Section shall not incur civil or criminal
18		liability for failure to obtain valid consent or professional
19		discipline for failure to obtain valid consent if he or she
20		relied in good faith on the representations made by the minor
21		or the information provided under paragraph (2) of subsection
22		(a) of this Section. Under such circumstances, good faith shall
23		be presumed.
24		(c) The confidential nature of any communication between a
25		health care professional described in Section 1 of this Act and
26		a minor seeking care is not waived (1) by the presence, at the

HB0313 Engrossed - 534 - LRB100 04130 SMS 14135 b
1		time of communication, of any additional persons present at the
2		request of the minor seeking care, (2) by the health care
3		professional's disclosure of confidential information to the
4		additional person with the consent of the minor seeking care,
5		when reasonably necessary to accomplish the purpose for which
6		the additional person is consulted, or (3) by the health care
7		professional billing a health benefit insurance or plan under
8		which the minor seeking care is insured, is enrolled, or has
9		coverage for the services provided.
10		(d) Nothing in this Section shall be construed to limit or
11		expand a minor's existing powers and obligations under any
12		federal, State, or local law. Nothing in this Section shall be
13		construed to affect the Parental Notice of Abortion Act of
14		1995. Nothing in this Section affects the right or authority of
15		a parent or legal guardian to verbally, in writing, or
16		otherwise authorize health care services to be provided for a
17		minor in their absence.
18		(e) For the purposes of this Section:
19		"Minor seeking care" means a person at least 14 years
20		of age but less than 18 years of age who is living separate
21		and apart from his or her parents or legal guardian,
22		whether with or without the consent of a parent or legal
23		guardian who is unable or unwilling to return to the
24		residence of a parent, and managing his or her own personal
25		affairs. "Minor seeking care" does not include minors who
26		are under the protective custody, temporary custody, or

HB0313 Engrossed - 535 - LRB100 04130 SMS 14135 b
1		guardianship of the Department of Children and Family
2		Services.
3		"Primary care services" means health care services
4		that include screening, counseling, immunizations,
5		medication, and treatment of illness and conditions
6		customarily provided by licensed health care professionals
7		in an out-patient setting. "Primary care services" does not
8		include invasive care, beyond standard injections,
9		laceration care, or non-surgical fracture care.
10		(Source: P.A. 98-671, eff. 10-1-14; 99-173, eff. 7-29-15.)
11		(410 ILCS 210/2) (from Ch. 111, par. 4502)
12		Sec. 2. Any parent, including a parent who is a minor, may
13		consent to the performance upon his or her child of a medical
14		or surgical procedure by a physician licensed to practice
15		medicine and surgery, a licensed advanced practice registered
16		nurse, or a licensed physician assistant or a dental procedure
17		by a licensed dentist. The consent of a parent who is a minor
18		shall not be voidable because of such minority, but, for such
19		purpose, a parent who is a minor shall be deemed to have the
20		same legal capacity to act and shall have the same powers and
21		obligations as has a person of legal age.
22		(Source: P.A. 99-173, eff. 7-29-15.)
23		(410 ILCS 210/3) (from Ch. 111, par. 4503)
24		Sec. 3. (a) Where a hospital, a physician licensed to

HB0313 Engrossed - 536 - LRB100 04130 SMS 14135 b
1		practice medicine or surgery, a licensed advanced practice
2		registered nurse, or a licensed physician assistant renders
3		emergency treatment or first aid or a licensed dentist renders
4		emergency dental treatment to a minor, consent of the minor's
5		parent or legal guardian need not be obtained if, in the sole
6		opinion of the physician, advanced practice registered nurse,
7		physician assistant, dentist, or hospital, the obtaining of
8		consent is not reasonably feasible under the circumstances
9		without adversely affecting the condition of such minor's
10		health.
11		(b) Where a minor is the victim of a predatory criminal
12		sexual assault of a child, aggravated criminal sexual assault,
13		criminal sexual assault, aggravated criminal sexual abuse or
14		criminal sexual abuse, as provided in Sections 11-1.20 through
15		11-1.60 of the Criminal Code of 2012, the consent of the
16		minor's parent or legal guardian need not be obtained to
17		authorize a hospital, physician, advanced practice registered
18		nurse, physician assistant, or other medical personnel to
19		furnish medical care or counseling related to the diagnosis or
20		treatment of any disease or injury arising from such offense.
21		The minor may consent to such counseling, diagnosis or
22		treatment as if the minor had reached his or her age of
23		majority. Such consent shall not be voidable, nor subject to
24		later disaffirmance, because of minority.
25		(Source: P.A. 99-173, eff. 7-29-15.)

HB0313 Engrossed - 537 - LRB100 04130 SMS 14135 b
1		(410 ILCS 210/5) (from Ch. 111, par. 4505)
2		Sec. 5. Counseling; informing parent or guardian. Any
3		physician, advanced practice registered nurse, or physician
4		assistant, who provides diagnosis or treatment or any licensed
5		clinical psychologist or professionally trained social worker
6		with a master's degree or any qualified person employed (i) by
7		an organization licensed or funded by the Department of Human
8		Services, (ii) by units of local government, or (iii) by
9		agencies or organizations operating drug abuse programs funded
10		or licensed by the Federal Government or the State of Illinois
11		or any qualified person employed by or associated with any
12		public or private alcoholism or drug abuse program licensed by
13		the State of Illinois who provides counseling to a minor
14		patient who has come into contact with any sexually transmitted
15		disease referred to in Section 4 of this Act may, but shall not
16		be obligated to, inform the parent, parents, or guardian of the
17		minor as to the treatment given or needed. Any person described
18		in this Section who provides counseling to a minor who abuses
19		drugs or alcohol or has a family member who abuses drugs or
20		alcohol shall not inform the parent, parents, guardian, or
21		other responsible adult of the minor's condition or treatment
22		without the minor's consent unless that action is, in the
23		person's judgment, necessary to protect the safety of the
24		minor, a family member, or another individual.
25		Any such person shall, upon the minor's consent, make
26		reasonable efforts to involve the family of the minor in his or

HB0313 Engrossed - 538 - LRB100 04130 SMS 14135 b
1		her treatment, if the person furnishing the treatment believes
2		that the involvement of the family will not be detrimental to
3		the progress and care of the minor. Reasonable effort shall be
4		extended to assist the minor in accepting the involvement of
5		his or her family in the care and treatment being given.
6		(Source: P.A. 93-962, eff. 8-20-04.)
7		Section 265. The Early Hearing Detection and Intervention
8		Act is amended by changing Section 10 as follows:
9		(410 ILCS 213/10)
10		Sec. 10. Reports to Department of Public Health.
11		Physicians, advanced practice registered nurses, physician
12		assistants, otolaryngologists, audiologists, ancillary health
13		care providers, early intervention programs and providers,
14		parent-to-parent support programs, the Department of Human
15		Services, and the University of Illinois at Chicago Division of
16		Specialized Care for Children shall report all hearing testing,
17		medical treatment, and intervention outcomes related to
18		newborn hearing screening or newly identified hearing loss for
19		children birth through 6 years of age to the Department.
20		Reporting shall be done within 7 days after the date of service
21		or after an inquiry from the Department. Reports shall be in a
22		format determined by the Department.
23		(Source: P.A. 99-834, eff. 8-19-16.)

HB0313 Engrossed - 539 - LRB100 04130 SMS 14135 b
1		Section 270. The Prenatal and Newborn Care Act is amended
2		by changing Sections 2 and 6 as follows:
3		(410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
4		Sec. 2. Definitions. As used in this Act, unless the
5		context otherwise requires:
6		"Advanced practice registered nurse" or "APRN" "APN" means
7		an advanced practice registered nurse licensed under the Nurse
8		Practice Act.
9		"Department" means the Illinois Department of Human
10		Services.
11		"Early and Periodic Screening, Diagnosis and Treatment
12		(EPSDT)" means the provision of preventative health care under
13		42 C.F.R. 441.50 et seq., including medical and dental
14		services, needed to assess growth and development and detect
15		and treat health problems.
16		"Hospital" means a hospital as defined under the Hospital
17		Licensing Act.
18		"Local health authority" means the full-time official
19		health department or board of health, as recognized by the
20		Illinois Department of Public Health, having jurisdiction over
21		a particular area.
22		"Nurse" means a nurse licensed under the Nurse Practice
23		Act.
24		"Physician" means a physician licensed to practice
25		medicine in all of its branches.

HB0313 Engrossed - 540 - LRB100 04130 SMS 14135 b
1		"Physician assistant" means a physician assistant licensed
2		under the Physician Assistant Practice Act of 1987.
3		"Postnatal visit" means a visit occurring after birth, with
4		reference to the newborn.
5		"Prenatal visit" means a visit occurring before birth.
6		"Program" means the Prenatal and Newborn Care Program
7		established pursuant to this Act.
8		(Source: P.A. 99-173, eff. 7-29-15.)
9		(410 ILCS 225/6) (from Ch. 111 1/2, par. 7026)
10		Sec. 6. Covered services.
11		(a) Covered services under the program may include, but are
12		not necessarily limited to, the following:
13		(1) Laboratory services related to a recipient's
14		pregnancy, performed or ordered by a physician, advanced
15		practice registered nurse, or physician assistant.
16		(2) Screening and treatment for sexually transmitted
17		disease.
18		(3) Prenatal visits to a physician in the physician's
19		office, an advanced practice registered nurse in the
20		advanced practice registered nurse's office, a physician
21		assistant in the physician assistant's office, or to a
22		hospital outpatient prenatal clinic, local health
23		department maternity clinic, or community health center.
24		(4) Radiology services which are directly related to
25		the pregnancy, are determined to be medically necessary and

HB0313 Engrossed - 541 - LRB100 04130 SMS 14135 b
1		are ordered by a physician, an advanced practice registered
2		nurse, or a physician assistant.
3		(5) Pharmacy services related to the pregnancy.
4		(6) Other medical consultations related to the
5		pregnancy.
6		(7) Physician, advanced practice registered nurse,
7		physician assistant, or nurse services associated with
8		delivery.
9		(8) One postnatal office visit within 60 days after
10		delivery.
11		(9) Two EPSDT-equivalent screenings for the infant
12		within 90 days after birth.
13		(10) Social and support services.
14		(11) Nutrition services.
15		(12) Case management services.
16		(b) The following services shall not be covered under the
17		program:
18		(1) Services determined by the Department not to be
19		medically necessary.
20		(2) Services not directly related to the pregnancy,
21		except for the 2 covered EPSDT-equivalent screenings.
22		(3) Hospital inpatient services.
23		(4) Anesthesiologist and radiologist services during a
24		period of hospital inpatient care.
25		(5) Physician, advanced practice registered nurse, and
26		physician assistant hospital visits.

HB0313 Engrossed - 542 - LRB100 04130 SMS 14135 b
1		(6) Services considered investigational or
2		experimental.
3		(Source: P.A. 93-962, eff. 8-20-04.)
4		Section 275. The AIDS Confidentiality Act is amended by
5		changing Section 3 as follows:
6		(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
7		Sec. 3. Definitions. When used in this Act:
8		(a) "AIDS" means acquired immunodeficiency syndrome.
9		(b) "Authority" means the Illinois Health Information
10		Exchange Authority established pursuant to the Illinois Health
11		Information Exchange and Technology Act.
12		(c) "Business associate" has the meaning ascribed to it
13		under HIPAA, as specified in 45 CFR 160.103.
14		(d) "Covered entity" has the meaning ascribed to it under
15		HIPAA, as specified in 45 CFR 160.103.
16		(e) "De-identified information" means health information
17		that is not individually identifiable as described under HIPAA,
18		as specified in 45 CFR 164.514(b).
19		(f) "Department" means the Illinois Department of Public
20		Health or its designated agents.
21		(g) "Disclosure" has the meaning ascribed to it under
22		HIPAA, as specified in 45 CFR 160.103.
23		(h) "Health care operations" has the meaning ascribed to it
24		under HIPAA, as specified in 45 CFR 164.501.

HB0313 Engrossed - 543 - LRB100 04130 SMS 14135 b
1		(i) "Health care professional" means (i) a licensed
2		physician, (ii) a licensed physician assistant, (iii) a
3		licensed advanced practice registered nurse, (iv) an advanced
4		practice registered nurse or physician assistant who practices
5		in a hospital or ambulatory surgical treatment center and
6		possesses appropriate clinical privileges, (v) a licensed
7		dentist, (vi) a licensed podiatric physician, or (vii) an
8		individual certified to provide HIV testing and counseling by a
9		state or local public health department.
10		(j) "Health care provider" has the meaning ascribed to it
11		under HIPAA, as specified in 45 CFR 160.103.
12		(k) "Health facility" means a hospital, nursing home, blood
13		bank, blood center, sperm bank, or other health care
14		institution, including any "health facility" as that term is
15		defined in the Illinois Finance Authority Act.
16		(l) "Health information exchange" or "HIE" means a health
17		information exchange or health information organization that
18		oversees and governs the electronic exchange of health
19		information that (i) is established pursuant to the Illinois
20		Health Information Exchange and Technology Act, or any
21		subsequent amendments thereto, and any administrative rules
22		adopted thereunder; (ii) has established a data sharing
23		arrangement with the Authority; or (iii) as of August 16, 2013,
24		was designated by the Authority Board as a member of, or was
25		represented on, the Authority Board's Regional Health
26		Information Exchange Workgroup; provided that such designation

HB0313 Engrossed - 544 - LRB100 04130 SMS 14135 b
1		shall not require the establishment of a data sharing
2		arrangement or other participation with the Illinois Health
3		Information Exchange or the payment of any fee. In certain
4		circumstances, in accordance with HIPAA, an HIE will be a
5		business associate.
6		(m) "Health oversight agency" has the meaning ascribed to
7		it under HIPAA, as specified in 45 CFR 164.501.
8		(n) "HIPAA" means the Health Insurance Portability and
9		Accountability Act of 1996, Public Law 104-191, as amended by
10		the Health Information Technology for Economic and Clinical
11		Health Act of 2009, Public Law 111-05, and any subsequent
12		amendments thereto and any regulations promulgated thereunder.
13		(o) "HIV" means the human immunodeficiency virus.
14		(p) "HIV-related information" means the identity of a
15		person upon whom an HIV test is performed, the results of an
16		HIV test, as well as diagnosis, treatment, and prescription
17		information that reveals a patient is HIV-positive, including
18		such information contained in a limited data set. "HIV-related
19		information" does not include information that has been
20		de-identified in accordance with HIPAA.
21		(q) "Informed consent" means:
22		(1) where a health care provider, health care
23		professional, or health facility has implemented opt-in
24		testing, a process by which an individual or their legal
25		representative receives pre-test information, has an
26		opportunity to ask questions, and consents verbally or in

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1		writing to the test without undue inducement or any element
2		of force, fraud, deceit, duress, or other form of
3		constraint or coercion; or
4		(2) where a health care provider, health care
5		professional, or health facility has implemented opt-out
6		testing, the individual or their legal representative has
7		been notified verbally or in writing that the test is
8		planned, has received pre-test information, has been given
9		the opportunity to ask questions and the opportunity to
10		decline testing, and has not declined testing; where such
11		notice is provided, consent for opt-out HIV testing may be
12		incorporated into the patient's general consent for
13		medical care on the same basis as are other screening or
14		diagnostic tests; a separate consent for opt-out HIV
15		testing is not required.
16		In addition, where the person providing informed consent is
17		a participant in an HIE, informed consent requires a fair
18		explanation that the results of the patient's HIV test will be
19		accessible through an HIE and meaningful disclosure of the
20		patient's opt-out right under Section 9.6 of this Act.
21		A health care provider, health care professional, or health
22		facility undertaking an informed consent process for HIV
23		testing under this subsection may combine a form used to obtain
24		informed consent for HIV testing with forms used to obtain
25		written consent for general medical care or any other medical
26		test or procedure, provided that the forms make it clear that

HB0313 Engrossed - 546 - LRB100 04130 SMS 14135 b
1		the subject may consent to general medical care, tests, or
2		procedures without being required to consent to HIV testing,
3		and clearly explain how the subject may decline HIV testing.
4		Health facility clerical staff or other staff responsible for
5		the consent form for general medical care may obtain consent
6		for HIV testing through a general consent form.
7		(r) "Limited data set" has the meaning ascribed to it under
8		HIPAA, as described in 45 CFR 164.514(e)(2).
9		(s) "Minimum necessary" means the HIPAA standard for using,
10		disclosing, and requesting protected health information found
11		in 45 CFR 164.502(b) and 164.514(d).
12		(s-1) "Opt-in testing" means an approach where an HIV test
13		is presented by offering the test and the patient accepts or
14		declines testing.
15		(s-3) "Opt-out testing" means an approach where an HIV test
16		is presented such that a patient is notified that HIV testing
17		may occur unless the patient declines.
18		(t) "Organized health care arrangement" has the meaning
19		ascribed to it under HIPAA, as specified in 45 CFR 160.103.
20		(u) "Patient safety activities" has the meaning ascribed to
21		it under 42 CFR 3.20.
22		(v) "Payment" has the meaning ascribed to it under HIPAA,
23		as specified in 45 CFR 164.501.
24		(w) "Person" includes any natural person, partnership,
25		association, joint venture, trust, governmental entity, public
26		or private corporation, health facility, or other legal entity.

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1		(w-5) "Pre-test information" means:
2		(1) a reasonable explanation of the test, including its
3		purpose, potential uses, limitations, and the meaning of
4		its results; and
5		(2) a reasonable explanation of the procedures to be
6		followed, including the voluntary nature of the test, the
7		availability of a qualified person to answer questions, the
8		right to withdraw consent to the testing process at any
9		time, the right to anonymity to the extent provided by law
10		with respect to participation in the test and disclosure of
11		test results, and the right to confidential treatment of
12		information identifying the subject of the test and the
13		results of the test, to the extent provided by law.
14		Pre-test information may be provided in writing, verbally,
15		or by video, electronic, or other means and may be provided as
16		designated by the supervising health care professional or the
17		health facility.
18		For the purposes of this definition, a qualified person to
19		answer questions is a health care professional or, when acting
20		under the supervision of a health care professional, a
21		registered nurse, medical assistant, or other person
22		determined to be sufficiently knowledgeable about HIV testing,
23		its purpose, potential uses, limitations, the meaning of the
24		test results, and the testing procedures in the professional
25		judgment of a supervising health care professional or as
26		designated by a health care facility.

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1		(x) "Protected health information" has the meaning
2		ascribed to it under HIPAA, as specified in 45 CFR 160.103.
3		(y) "Research" has the meaning ascribed to it under HIPAA,
4		as specified in 45 CFR 164.501.
5		(z) "State agency" means an instrumentality of the State of
6		Illinois and any instrumentality of another state that,
7		pursuant to applicable law or a written undertaking with an
8		instrumentality of the State of Illinois, is bound to protect
9		the privacy of HIV-related information of Illinois persons.
10		(aa) "Test" or "HIV test" means a test to determine the
11		presence of the antibody or antigen to HIV, or of HIV
12		infection.
13		(bb) "Treatment" has the meaning ascribed to it under
14		HIPAA, as specified in 45 CFR 164.501.
15		(cc) "Use" has the meaning ascribed to it under HIPAA, as
16		specified in 45 CFR 160.103, where context dictates.
17		(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15; 99-54,
18		eff. 1-1-16; 99-173, eff. 7-29-15; 99-642, eff. 7-28-16.)
19		Section 280. The Illinois Sexually Transmissible Disease
20		Control Act is amended by changing Sections 3, 4, and 5.5 as
21		follows:
22		(410 ILCS 325/3) (from Ch. 111 1/2, par. 7403)
23		Sec. 3. Definitions. As used in this Act, unless the
24		context clearly requires otherwise:

HB0313 Engrossed - 549 - LRB100 04130 SMS 14135 b
1		(1) "Department" means the Department of Public Health.
2		(2) "Local health authority" means the full-time official
3		health department of board of health, as recognized by the
4		Department, having jurisdiction over a particular area.
5		(3) "Sexually transmissible disease" means a bacterial,
6		viral, fungal or parasitic disease, determined by rule of the
7		Department to be sexually transmissible, to be a threat to the
8		public health and welfare, and to be a disease for which a
9		legitimate public interest will be served by providing for
10		regulation and treatment. In considering which diseases are to
11		be designated sexually transmissible diseases, the Department
12		shall consider such diseases as chancroid, gonorrhea,
13		granuloma inguinale, lymphogranuloma venereum, genital herpes
14		simplex, chlamydia, nongonococcal urethritis (NGU), pelvic
15		inflammatory disease (PID)/Acute Salpingitis, syphilis,
16		Acquired Immunodeficiency Syndrome (AIDS), and Human
17		Immunodeficiency Virus (HIV) for designation, and shall
18		consider the recommendations and classifications of the
19		Centers for Disease Control and other nationally recognized
20		medical authorities. Not all diseases that are sexually
21		transmissible need be designated for purposes of this Act.
22		(4) "Health care professional" means a physician licensed
23		to practice medicine in all its branches, a licensed physician
24		assistant, or a licensed advanced practice registered nurse.
25		(5) "Expedited partner therapy" means to prescribe,
26		dispense, furnish, or otherwise provide prescription

HB0313 Engrossed - 550 - LRB100 04130 SMS 14135 b
1		antibiotic drugs to the partner or partners of persons
2		clinically diagnosed as infected with a sexually transmissible
3		disease, without physical examination of the partner or
4		partners.
5		(Source: P.A. 99-173, eff. 7-29-15.)
6		(410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
7		Sec. 4. Reporting required.
8		(a) A physician licensed under the provisions of the
9		Medical Practice Act of 1987, an advanced practice registered
10		nurse licensed under the provisions of the Nurse Practice Act,
11		or a physician assistant licensed under the provisions of the
12		Physician Assistant Practice Act of 1987 who makes a diagnosis
13		of or treats a person with a sexually transmissible disease and
14		each laboratory that performs a test for a sexually
15		transmissible disease which concludes with a positive result
16		shall report such facts as may be required by the Department by
17		rule, within such time period as the Department may require by
18		rule, but in no case to exceed 2 weeks.
19		(b) The Department shall adopt rules specifying the
20		information required in reporting a sexually transmissible
21		disease, the method of reporting and specifying a minimum time
22		period for reporting. In adopting such rules, the Department
23		shall consider the need for information, protections for the
24		privacy and confidentiality of the patient, and the practical
25		abilities of persons and laboratories to report in a reasonable

HB0313 Engrossed - 551 - LRB100 04130 SMS 14135 b
1		fashion.
2		(c) Any person who knowingly or maliciously disseminates
3		any false information or report concerning the existence of any
4		sexually transmissible disease under this Section is guilty of
5		a Class A misdemeanor.
6		(d) Any person who violates the provisions of this Section
7		or the rules adopted hereunder may be fined by the Department
8		up to $500 for each violation. The Department shall report each
9		violation of this Section to the regulatory agency responsible
10		for licensing a health care professional or a laboratory to
11		which these provisions apply.
12		(Source: P.A. 99-173, eff. 7-29-15.)
13		(410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
14		Sec. 5.5. Risk assessment.
15		(a) Whenever the Department receives a report of HIV
16		infection or AIDS pursuant to this Act and the Department
17		determines that the subject of the report may present or may
18		have presented a possible risk of HIV transmission, the
19		Department shall, when medically appropriate, investigate the
20		subject of the report and that person's contacts as defined in
21		subsection (c), to assess the potential risks of transmission.
22		Any investigation and action shall be conducted in a timely
23		fashion. All contacts other than those defined in subsection
24		(c) shall be investigated in accordance with Section 5 of this
25		Act.

HB0313 Engrossed - 552 - LRB100 04130 SMS 14135 b
1		(b) If the Department determines that there is or may have
2		been potential risks of HIV transmission from the subject of
3		the report to other persons, the Department shall afford the
4		subject the opportunity to submit any information and comment
5		on proposed actions the Department intends to take with respect
6		to the subject's contacts who are at potential risk of
7		transmission of HIV prior to notification of the subject's
8		contacts. The Department shall also afford the subject of the
9		report the opportunity to notify the subject's contacts in a
10		timely fashion who are at potential risk of transmission of HIV
11		prior to the Department taking any steps to notify such
12		contacts. If the subject declines to notify such contacts or if
13		the Department determines the notices to be inadequate or
14		incomplete, the Department shall endeavor to notify such other
15		persons of the potential risk, and offer testing and counseling
16		services to these individuals. When the contacts are notified,
17		they shall be informed of the disclosure provisions of the AIDS
18		Confidentiality Act and the penalties therein and this Section.
19		(c) Contacts investigated under this Section shall in the
20		case of HIV infection include (i) individuals who have
21		undergone invasive procedures performed by an HIV infected
22		health care provider and (ii) health care providers who have
23		performed invasive procedures for persons infected with HIV,
24		provided the Department has determined that there is or may
25		have been potential risk of HIV transmission from the health
26		care provider to those individuals or from infected persons to

HB0313 Engrossed - 553 - LRB100 04130 SMS 14135 b
1		health care providers. The Department shall have access to the
2		subject's records to review for the identity of contacts. The
3		subject's records shall not be copied or seized by the
4		Department.
5		For purposes of this subsection, the term "invasive
6		procedures" means those procedures termed invasive by the
7		Centers for Disease Control in current guidelines or
8		recommendations for the prevention of HIV transmission in
9		health care settings, and the term "health care provider" means
10		any physician, dentist, podiatric physician, advanced practice
11		registered nurse, physician assistant, nurse, or other person
12		providing health care services of any kind.
13		(d) All information and records held by the Department and
14		local health authorities pertaining to activities conducted
15		pursuant to this Section shall be strictly confidential and
16		exempt from copying and inspection under the Freedom of
17		Information Act. Such information and records shall not be
18		released or made public by the Department or local health
19		authorities, and shall not be admissible as evidence, nor
20		discoverable in any action of any kind in any court or before
21		any tribunal, board, agency or person and shall be treated in
22		the same manner as the information and those records subject to
23		the provisions of Part 21 of Article VIII of the Code of Civil
24		Procedure except under the following circumstances:
25		(1) When made with the written consent of all persons
26		to whom this information pertains;

HB0313 Engrossed - 554 - LRB100 04130 SMS 14135 b
1		(2) When authorized under Section 8 to be released
2		under court order or subpoena pursuant to Section 12-5.01
3		or 12-16.2 of the Criminal Code of 1961 or the Criminal
4		Code of 2012; or
5		(3) When made by the Department for the purpose of
6		seeking a warrant authorized by Sections 6 and 7 of this
7		Act. Such disclosure shall conform to the requirements of
8		subsection (a) of Section 8 of this Act.
9		(e) Any person who knowingly or maliciously disseminates
10		any information or report concerning the existence of any
11		disease under this Section is guilty of a Class A misdemeanor.
12		(Source: P.A. 98-214, eff. 8-9-13; 98-756, eff. 7-16-14;
13		99-642, eff. 7-28-16.)
14		Section 285. The Perinatal HIV Prevention Act is amended by
15		changing Section 5 as follows:
16		(410 ILCS 335/5)
17		Sec. 5. Definitions. In this Act:
18		"Department" means the Department of Public Health.
19		"Health care professional" means a physician licensed to
20		practice medicine in all its branches, a licensed physician
21		assistant, or a licensed advanced practice registered nurse.
22		"Health care facility" or "facility" means any hospital or
23		other institution that is licensed or otherwise authorized to
24		deliver health care services.

HB0313 Engrossed - 555 - LRB100 04130 SMS 14135 b
1		"Health care services" means any prenatal medical care or
2		labor or delivery services to a pregnant woman and her newborn
3		infant, including hospitalization.
4		(Source: P.A. 99-173, eff. 7-29-15.)
5		Section 290. The Genetic Information Privacy Act is amended
6		by changing Section 10 as follows:
7		(410 ILCS 513/10)
8		Sec. 10. Definitions. As used in this Act:
9		"Authority" means the Illinois Health Information Exchange
10		Authority established pursuant to the Illinois Health
11		Information Exchange and Technology Act.
12		"Business associate" has the meaning ascribed to it under
13		HIPAA, as specified in 45 CFR 160.103.
14		"Covered entity" has the meaning ascribed to it under
15		HIPAA, as specified in 45 CFR 160.103.
16		"De-identified information" means health information that
17		is not individually identifiable as described under HIPAA, as
18		specified in 45 CFR 164.514(b).
19		"Disclosure" has the meaning ascribed to it under HIPAA, as
20		specified in 45 CFR 160.103.
21		"Employer" means the State of Illinois, any unit of local
22		government, and any board, commission, department,
23		institution, or school district, any party to a public
24		contract, any joint apprenticeship or training committee

HB0313 Engrossed - 556 - LRB100 04130 SMS 14135 b
1		within the State, and every other person employing employees
2		within the State.
3		"Employment agency" means both public and private
4		employment agencies and any person, labor organization, or
5		labor union having a hiring hall or hiring office regularly
6		undertaking, with or without compensation, to procure
7		opportunities to work, or to procure, recruit, refer, or place
8		employees.
9		"Family member" means, with respect to an individual, (i)
10		the spouse of the individual; (ii) a dependent child of the
11		individual, including a child who is born to or placed for
12		adoption with the individual; (iii) any other person qualifying
13		as a covered dependent under a managed care plan; and (iv) all
14		other individuals related by blood or law to the individual or
15		the spouse or child described in subsections (i) through (iii)
16		of this definition.
17		"Genetic information" has the meaning ascribed to it under
18		HIPAA, as specified in 45 CFR 160.103.
19		"Genetic monitoring" means the periodic examination of
20		employees to evaluate acquired modifications to their genetic
21		material, such as chromosomal damage or evidence of increased
22		occurrence of mutations that may have developed in the course
23		of employment due to exposure to toxic substances in the
24		workplace in order to identify, evaluate, and respond to
25		effects of or control adverse environmental exposures in the
26		workplace.

HB0313 Engrossed - 557 - LRB100 04130 SMS 14135 b
1		"Genetic services" has the meaning ascribed to it under
2		HIPAA, as specified in 45 CFR 160.103.
3		"Genetic testing" and "genetic test" have the meaning
4		ascribed to "genetic test" under HIPAA, as specified in 45 CFR
5		160.103.
6		"Health care operations" has the meaning ascribed to it
7		under HIPAA, as specified in 45 CFR 164.501.
8		"Health care professional" means (i) a licensed physician,
9		(ii) a licensed physician assistant, (iii) a licensed advanced
10		practice registered nurse, (iv) a licensed dentist, (v) a
11		licensed podiatrist, (vi) a licensed genetic counselor, or
12		(vii) an individual certified to provide genetic testing by a
13		state or local public health department.
14		"Health care provider" has the meaning ascribed to it under
15		HIPAA, as specified in 45 CFR 160.103.
16		"Health facility" means a hospital, blood bank, blood
17		center, sperm bank, or other health care institution, including
18		any "health facility" as that term is defined in the Illinois
19		Finance Authority Act.
20		"Health information exchange" or "HIE" means a health
21		information exchange or health information organization that
22		exchanges health information electronically that (i) is
23		established pursuant to the Illinois Health Information
24		Exchange and Technology Act, or any subsequent amendments
25		thereto, and any administrative rules promulgated thereunder;
26		(ii) has established a data sharing arrangement with the

HB0313 Engrossed - 558 - LRB100 04130 SMS 14135 b
1		Authority; or (iii) as of August 16, 2013, was designated by
2		the Authority Board as a member of, or was represented on, the
3		Authority Board's Regional Health Information Exchange
4		Workgroup; provided that such designation shall not require the
5		establishment of a data sharing arrangement or other
6		participation with the Illinois Health Information Exchange or
7		the payment of any fee. In certain circumstances, in accordance
8		with HIPAA, an HIE will be a business associate.
9		"Health oversight agency" has the meaning ascribed to it
10		under HIPAA, as specified in 45 CFR 164.501.
11		"HIPAA" means the Health Insurance Portability and
12		Accountability Act of 1996, Public Law 104-191, as amended by
13		the Health Information Technology for Economic and Clinical
14		Health Act of 2009, Public Law 111-05, and any subsequent
15		amendments thereto and any regulations promulgated thereunder.
16		"Insurer" means (i) an entity that is subject to the
17		jurisdiction of the Director of Insurance and (ii) a managed
18		care plan.
19		"Labor organization" includes any organization, labor
20		union, craft union, or any voluntary unincorporated
21		association designed to further the cause of the rights of
22		union labor that is constituted for the purpose, in whole or in
23		part, of collective bargaining or of dealing with employers
24		concerning grievances, terms or conditions of employment, or
25		apprenticeships or applications for apprenticeships, or of
26		other mutual aid or protection in connection with employment,

HB0313 Engrossed - 559 - LRB100 04130 SMS 14135 b
1		including apprenticeships or applications for apprenticeships.
2		"Licensing agency" means a board, commission, committee,
3		council, department, or officers, except a judicial officer, in
4		this State or any political subdivision authorized to grant,
5		deny, renew, revoke, suspend, annul, withdraw, or amend a
6		license or certificate of registration.
7		"Limited data set" has the meaning ascribed to it under
8		HIPAA, as described in 45 CFR 164.514(e)(2).
9		"Managed care plan" means a plan that establishes,
10		operates, or maintains a network of health care providers that
11		have entered into agreements with the plan to provide health
12		care services to enrollees where the plan has the ultimate and
13		direct contractual obligation to the enrollee to arrange for
14		the provision of or pay for services through:
15		(1) organizational arrangements for ongoing quality
16		assurance, utilization review programs, or dispute
17		resolution; or
18		(2) financial incentives for persons enrolled in the
19		plan to use the participating providers and procedures
20		covered by the plan.
21		A managed care plan may be established or operated by any
22		entity including a licensed insurance company, hospital or
23		medical service plan, health maintenance organization, limited
24		health service organization, preferred provider organization,
25		third party administrator, or an employer or employee
26		organization.

HB0313 Engrossed - 560 - LRB100 04130 SMS 14135 b
1		"Minimum necessary" means HIPAA's standard for using,
2		disclosing, and requesting protected health information found
3		in 45 CFR 164.502(b) and 164.514(d).
4		"Nontherapeutic purpose" means a purpose that is not
5		intended to improve or preserve the life or health of the
6		individual whom the information concerns.
7		"Organized health care arrangement" has the meaning
8		ascribed to it under HIPAA, as specified in 45 CFR 160.103.
9		"Patient safety activities" has the meaning ascribed to it
10		under 42 CFR 3.20.
11		"Payment" has the meaning ascribed to it under HIPAA, as
12		specified in 45 CFR 164.501.
13		"Person" includes any natural person, partnership,
14		association, joint venture, trust, governmental entity, public
15		or private corporation, health facility, or other legal entity.
16		"Protected health information" has the meaning ascribed to
17		it under HIPAA, as specified in 45 CFR 164.103.
18		"Research" has the meaning ascribed to it under HIPAA, as
19		specified in 45 CFR 164.501.
20		"State agency" means an instrumentality of the State of
21		Illinois and any instrumentality of another state which
22		pursuant to applicable law or a written undertaking with an
23		instrumentality of the State of Illinois is bound to protect
24		the privacy of genetic information of Illinois persons.
25		"Treatment" has the meaning ascribed to it under HIPAA, as
26		specified in 45 CFR 164.501.

HB0313 Engrossed - 561 - LRB100 04130 SMS 14135 b
1		"Use" has the meaning ascribed to it under HIPAA, as
2		specified in 45 CFR 160.103, where context dictates.
3		(Source: P.A. 98-1046, eff. 1-1-15; 99-173, eff. 7-29-15.)
4		Section 295. The Home Health and Hospice Drug Dispensation
5		and Administration Act is amended by changing Section 10 as
6		follows:
7		(410 ILCS 642/10)
8		Sec. 10. Definitions. In this Act:
9		"Authorized nursing employee" means a registered nurse or
10		advanced practice registered nurse, as defined in the Nurse
11		Practice Act, who is employed by a home health agency or
12		hospice licensed in this State.
13		"Health care professional" means a physician licensed to
14		practice medicine in all its branches, a licensed advanced
15		practice registered nurse, or a licensed physician assistant.
16		"Home health agency" has the meaning ascribed to it in
17		Section 2.04 of the Home Health, Home Services, and Home
18		Nursing Agency Licensing Act.
19		"Hospice" means a full hospice, as defined in Section 3 of
20		the Hospice Program Licensing Act.
21		"Physician" means a physician licensed under the Medical
22		Practice Act of 1987 to practice medicine in all its branches.
23		(Source: P.A. 99-173, eff. 7-29-15.)

HB0313 Engrossed - 562 - LRB100 04130 SMS 14135 b
1		Section 300. The Radiation Protection Act of 1990 is
2		amended by changing Sections 5 and 6 as follows:
3		(420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)
4		(Section scheduled to be repealed on January 1, 2021)
5		Sec. 5. Limitations on application of radiation to human
6		beings and requirements for radiation installation operators
7		providing mammography services.
8		(a) No person shall intentionally administer radiation to a
9		human being unless such person is licensed to practice a
10		treatment of human ailments by virtue of the Illinois Medical,
11		Dental or Podiatric Medical Practice Acts, or, as physician
12		assistant, advanced practice registered nurse, technician,
13		nurse, or other assistant, is acting under the supervision,
14		prescription or direction of such licensed person. However, no
15		such physician assistant, advanced practice registered nurse,
16		technician, nurse, or other assistant acting under the
17		supervision of a person licensed under the Medical Practice Act
18		of 1987, shall administer radiation to human beings unless
19		accredited by the Agency, except that persons enrolled in a
20		course of education approved by the Agency may apply ionizing
21		radiation to human beings as required by their course of study
22		when under the direct supervision of a person licensed under
23		the Medical Practice Act of 1987. No person authorized by this
24		Section to apply ionizing radiation shall apply such radiation
25		except to those parts of the human body specified in the Act

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1		under which such person or his supervisor is licensed. No
2		person may operate a radiation installation where ionizing
3		radiation is administered to human beings unless all persons
4		who administer ionizing radiation in that radiation
5		installation are licensed, accredited, or exempted in
6		accordance with this Section. Nothing in this Section shall be
7		deemed to relieve a person from complying with the provisions
8		of Section 10.
9		(b) In addition, no person shall provide mammography
10		services unless all of the following requirements are met:
11		(1) the mammography procedures are performed using a
12		radiation machine that is specifically designed for
13		mammography;
14		(2) the mammography procedures are performed using a
15		radiation machine that is used solely for performing
16		mammography procedures;
17		(3) the mammography procedures are performed using
18		equipment that has been subjected to a quality assurance
19		program that satisfies quality assurance requirements
20		which the Agency shall establish by rule;
21		(4) beginning one year after the effective date of this
22		amendatory Act of 1991, if the mammography procedure is
23		performed by a radiologic technologist, that technologist,
24		in addition to being accredited by the Agency to perform
25		radiography, has satisfied training requirements specific
26		to mammography, which the Agency shall establish by rule.

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1		(c) Every operator of a radiation installation at which
2		mammography services are provided shall ensure and have
3		confirmed by each mammography patient that the patient is
4		provided with a pamphlet which is orally reviewed with the
5		patient and which contains the following:
6		(1) how to perform breast self-examination;
7		(2) that early detection of breast cancer is maximized
8		through a combined approach, using monthly breast
9		self-examination, a thorough physical examination
10		performed by a physician, and mammography performed at
11		recommended intervals;
12		(3) that mammography is the most accurate method for
13		making an early detection of breast cancer, however, no
14		diagnostic tool is 100% effective;
15		(4) that if the patient is self-referred and does not
16		have a primary care physician, or if the patient is
17		unfamiliar with the breast examination procedures, that
18		the patient has received information regarding public
19		health services where she can obtain a breast examination
20		and instructions.
21		(Source: P.A. 93-149, eff. 7-10-03; 94-104, eff. 7-1-05.)
22		(420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)
23		(Section scheduled to be repealed on January 1, 2021)
24		Sec. 6. Accreditation of administrators of radiation;
25		Limited scope accreditation; Rules and regulations; Education.

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1		(a) The Agency shall promulgate such rules and regulations
2		as are necessary to establish accreditation standards and
3		procedures, including a minimum course of education and
4		continuing education requirements in the administration of
5		radiation to human beings, which are appropriate to the
6		classification of accreditation and which are to be met by all
7		physician assistants, advanced practice registered nurses,
8		nurses, technicians, or other assistants who administer
9		radiation to human beings under the supervision of a person
10		licensed under the Medical Practice Act of 1987. Such rules and
11		regulations may provide for different classes of accreditation
12		based on evidence of national certification, clinical
13		experience or community hardship as conditions of initial and
14		continuing accreditation. The rules and regulations of the
15		Agency shall be consistent with national standards in regard to
16		the protection of the health and safety of the general public.
17		(b) The rules and regulations shall also provide that
18		persons who have been accredited by the Agency, in accordance
19		with the Radiation Protection Act, without passing an
20		examination, will remain accredited as provided in Section 43
21		of this Act and that those persons may be accredited, without
22		passing an examination, to use other equipment, procedures, or
23		supervision within the original category of accreditation if
24		the Agency receives written assurances from a person licensed
25		under the Medical Practice Act of 1987, that the person
26		accredited has the necessary skill and qualifications for such

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1		additional equipment procedures or supervision. The Agency
2		shall, in accordance with subsection (c) of this Section,
3		provide for the accreditation of nurses, technicians, or other
4		assistants, unless exempted elsewhere in this Act, to perform a
5		limited scope of diagnostic radiography procedures of the
6		chest, the extremities, skull and sinuses, or the spine, while
7		under the supervision of a person licensed under the Medical
8		Practice Act of 1987.
9		(c) The rules or regulations promulgated by the Agency
10		pursuant to subsection (a) shall establish standards and
11		procedures for accrediting persons to perform a limited scope
12		of diagnostic radiography procedures. The rules or regulations
13		shall require persons seeking limited scope accreditation to
14		register with the Agency as a "student-in-training," and
15		declare those procedures in which the student will be receiving
16		training. The student-in-training registration shall be valid
17		for a period of 16 months, during which the time the student
18		may, under the supervision of a person licensed under the
19		Medical Practice Act of 1987, perform the diagnostic
20		radiography procedures listed on the student's registration.
21		The student-in-training registration shall be nonrenewable.
22		Upon expiration of the 16 month training period, the
23		student shall be prohibited from performing diagnostic
24		radiography procedures unless accredited by the Agency to
25		perform such procedures. In order to be accredited to perform a
26		limited scope of diagnostic radiography procedures, an

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1		individual must pass an examination offered by the Agency. The
2		examination shall be consistent with national standards in
3		regard to protection of public health and safety. The
4		examination shall consist of a standardized component covering
5		general principles applicable to diagnostic radiography
6		procedures and a clinical component specific to the types of
7		procedures for which accreditation is being sought. The Agency
8		may assess a reasonable fee for such examinations to cover the
9		costs incurred by the Agency in conjunction with offering the
10		examinations.
11		(d) The Agency shall by rule or regulation exempt from
12		accreditation physician assistants, advanced practice
13		registered nurses, nurses, technicians, or other assistants
14		who administer radiation to human beings under supervision of a
15		person licensed to practice under the Medical Practice Act of
16		1987 when the services are performed on employees of a business
17		at a medical facility owned and operated by the business. Such
18		exemption shall only apply to the equipment, procedures and
19		supervision specific to the medical facility owned and operated
20		by the business.
21		(Source: P.A. 94-104, eff. 7-1-05; 95-777, eff. 8-4-08.)
22		Section 305. The Illinois Vehicle Code is amended by
23		changing Sections 1-159.1, 3-609, 3-616, 6-103, 6-106.1,
24		6-106.1a, 6-901, 11-501.01, 11-501.2, 11-501.6, 11-501.8,
25		11-1301.2, and 11-1301.5 as follows:

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1		(625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)
2		Sec. 1-159.1. Person with disabilities. A natural person
3		who, as determined by a licensed physician, by a licensed
4		physician assistant, or by a licensed advanced practice
5		registered nurse: (1) cannot walk without the use of, or
6		assistance from, a brace, cane, crutch, another person,
7		prosthetic device, wheelchair, or other assistive device; (2)
8		is restricted by lung disease to such an extent that his or her
9		forced (respiratory) expiratory volume for one second, when
10		measured by spirometry, is less than one liter, or the arterial
11		oxygen tension is less than 60 mm/hg on room air at rest; (3)
12		uses portable oxygen; (4) has a cardiac condition to the extent
13		that the person's functional limitations are classified in
14		severity as Class III or Class IV, according to standards set
15		by the American Heart Association; (5) is severely limited in
16		the person's ability to walk due to an arthritic, neurological,
17		oncological, or orthopedic condition; (6) cannot walk 200 feet
18		without stopping to rest because of one of the above 5
19		conditions; or (7) is missing a hand or arm or has permanently
20		lost the use of a hand or arm.
21		(Source: P.A. 98-405, eff. 1-1-14; 99-173, eff. 7-29-15.)
22		(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
23		Sec. 3-609. Plates for Veterans with Disabilities.
24		(a) Any veteran who holds proof of a service-connected

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1		disability from the United States Department of Veterans
2		Affairs, and who has obtained certification from a licensed
3		physician, physician assistant, or advanced practice
4		registered nurse that the service-connected disability
5		qualifies the veteran for issuance of registration plates or
6		decals to a person with disabilities in accordance with Section
7		3-616, may, without the payment of any registration fee, make
8		application to the Secretary of State for license plates for
9		veterans with disabilities displaying the international symbol
10		of access, for the registration of one motor vehicle of the
11		first division or one motor vehicle of the second division
12		weighing not more than 8,000 pounds.
13		(b) Any veteran who holds proof of a service-connected
14		disability from the United States Department of Veterans
15		Affairs, and whose degree of disability has been declared to be
16		50% or more, but whose disability does not qualify the veteran
17		for a plate or decal for persons with disabilities under
18		Section 3-616, may, without the payment of any registration
19		fee, make application to the Secretary for a special
20		registration plate without the international symbol of access
21		for the registration of one motor vehicle of the first division
22		or one motor vehicle of the second division weighing not more
23		than 8,000 pounds.
24		(c) Renewal of such registration must be accompanied with
25		documentation for eligibility of registration without fee
26		unless the applicant has a permanent qualifying disability, and

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1		such registration plates may not be issued to any person not
2		eligible therefor. The Illinois Department of Veterans'
3		Affairs may assist in providing the documentation of
4		disability.
5		(d) The design and color of the plates shall be within the
6		discretion of the Secretary, except that the plates issued
7		under subsection (b) of this Section shall not contain the
8		international symbol of access. The Secretary may, in his or
9		her discretion, allow the plates to be issued as vanity or
10		personalized plates in accordance with Section 3-405.1 of this
11		Code. Registration shall be for a multi-year period and may be
12		issued staggered registration.
13		(e) Any person eligible to receive license plates under
14		this Section who has been approved for benefits under the
15		Senior Citizens and Persons with Disabilities Property Tax
16		Relief Act, or who has claimed and received a grant under that
17		Act, shall pay a fee of $24 instead of the fee otherwise
18		provided in this Code for passenger cars displaying standard
19		multi-year registration plates issued under Section 3-414.1,
20		for motor vehicles registered at 8,000 pounds or less under
21		Section 3-815(a), or for recreational vehicles registered at
22		8,000 pounds or less under Section 3-815(b), for a second set
23		of plates under this Section.
24		(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
25		(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)

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1		Sec. 3-616. Disability license plates.
2		(a) Upon receiving an application for a certificate of
3		registration for a motor vehicle of the first division or for a
4		motor vehicle of the second division weighing no more than
5		8,000 pounds, accompanied with payment of the registration fees
6		required under this Code from a person with disabilities or a
7		person who is deaf or hard of hearing, the Secretary of State,
8		if so requested, shall issue to such person registration plates
9		as provided for in Section 3-611, provided that the person with
10		disabilities or person who is deaf or hard of hearing must not
11		be disqualified from obtaining a driver's license under
12		subsection 8 of Section 6-103 of this Code, and further
13		provided that any person making such a request must submit a
14		statement, certified by a licensed physician, by a licensed
15		physician assistant, or by a licensed advanced practice
16		registered nurse, to the effect that such person is a person
17		with disabilities as defined by Section 1-159.1 of this Code,
18		or alternatively provide adequate documentation that such
19		person has a Class 1A, Class 2A or Type Four disability under
20		the provisions of Section 4A of the Illinois Identification
21		Card Act. For purposes of this Section, an Illinois Person with
22		a Disability Identification Card issued pursuant to the
23		Illinois Identification Card Act indicating that the person
24		thereon named has a disability shall be adequate documentation
25		of such a disability.
26		(b) The Secretary shall issue plates under this Section to

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1		a parent or legal guardian of a person with disabilities if the
2		person with disabilities has a Class 1A or Class 2A disability
3		as defined in Section 4A of the Illinois Identification Card
4		Act or is a person with disabilities as defined by Section
5		1-159.1 of this Code, and does not possess a vehicle registered
6		in his or her name, provided that the person with disabilities
7		relies frequently on the parent or legal guardian for
8		transportation. Only one vehicle per family may be registered
9		under this subsection, unless the applicant can justify in
10		writing the need for one additional set of plates. Any person
11		requesting special plates under this subsection shall submit
12		such documentation or such physician's, physician assistant's,
13		or advanced practice registered nurse's statement as is
14		required in subsection (a) and a statement describing the
15		circumstances qualifying for issuance of special plates under
16		this subsection. An optometrist may certify a Class 2A Visual
17		Disability, as defined in Section 4A of the Illinois
18		Identification Card Act, for the purpose of qualifying a person
19		with disabilities for special plates under this subsection.
20		(c) The Secretary may issue a parking decal or device to a
21		person with disabilities as defined by Section 1-159.1 without
22		regard to qualification of such person with disabilities for a
23		driver's license or registration of a vehicle by such person
24		with disabilities or such person's immediate family, provided
25		such person with disabilities making such a request has been
26		issued an Illinois Person with a Disability Identification Card

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1		indicating that the person named thereon has a Class 1A or
2		Class 2A disability, or alternatively, submits a statement
3		certified by a licensed physician, or by a licensed physician
4		assistant or a licensed advanced practice registered nurse as
5		provided in subsection (a), to the effect that such person is a
6		person with disabilities as defined by Section 1-159.1. An
7		optometrist may certify a Class 2A Visual Disability as defined
8		in Section 4A of the Illinois Identification Card Act for the
9		purpose of qualifying a person with disabilities for a parking
10		decal or device under this subsection.
11		(d) The Secretary shall prescribe by rules and regulations
12		procedures to certify or re-certify as necessary the
13		eligibility of persons whose disabilities are other than
14		permanent for special plates or parking decals or devices
15		issued under subsections (a), (b) and (c). Except as provided
16		under subsection (f) of this Section, no such special plates,
17		decals or devices shall be issued by the Secretary of State to
18		or on behalf of any person with disabilities unless such person
19		is certified as meeting the definition of a person with
20		disabilities pursuant to Section 1-159.1 or meeting the
21		requirement of a Type Four disability as provided under Section
22		4A of the Illinois Identification Card Act for the period of
23		time that the physician, or the physician assistant or advanced
24		practice registered nurse as provided in subsection (a),
25		determines the applicant will have the disability, but not to
26		exceed 6 months from the date of certification or

HB0313 Engrossed - 574 - LRB100 04130 SMS 14135 b
1		recertification.
2		(e) Any person requesting special plates under this Section
3		may also apply to have the special plates personalized, as
4		provided under Section 3-405.1.
5		(f) The Secretary of State, upon application, shall issue
6		disability registration plates or a parking decal to
7		corporations, school districts, State or municipal agencies,
8		limited liability companies, nursing homes, convalescent
9		homes, or special education cooperatives which will transport
10		persons with disabilities. The Secretary shall prescribe by
11		rule a means to certify or re-certify the eligibility of
12		organizations to receive disability plates or decals and to
13		designate which of the 2 person with disabilities emblems shall
14		be placed on qualifying vehicles.
15		(g) The Secretary of State, or his designee, may enter into
16		agreements with other jurisdictions, including foreign
17		jurisdictions, on behalf of this State relating to the
18		extension of parking privileges by such jurisdictions to
19		residents of this State with disabilities who display a special
20		license plate or parking device that contains the International
21		symbol of access on his or her motor vehicle, and to recognize
22		such plates or devices issued by such other jurisdictions. This
23		State shall grant the same parking privileges which are granted
24		to residents of this State with disabilities to any
25		non-resident whose motor vehicle is licensed in another state,
26		district, territory or foreign country if such vehicle displays

HB0313 Engrossed - 575 - LRB100 04130 SMS 14135 b
1		the international symbol of access or a distinguishing insignia
2		on license plates or parking device issued in accordance with
3		the laws of the non-resident's state, district, territory or
4		foreign country.
5		(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
6		99-642, eff. 7-28-16.)
7		(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
8		Sec. 6-103. What persons shall not be licensed as drivers
9		or granted permits. The Secretary of State shall not issue,
10		renew, or allow the retention of any driver's license nor issue
11		any permit under this Code:
12		1. To any person, as a driver, who is under the age of
13		18 years except as provided in Section 6-107, and except
14		that an instruction permit may be issued under Section
15		6-107.1 to a child who is not less than 15 years of age if
16		the child is enrolled in an approved driver education
17		course as defined in Section 1-103 of this Code and
18		requires an instruction permit to participate therein,
19		except that an instruction permit may be issued under the
20		provisions of Section 6-107.1 to a child who is 17 years
21		and 3 months of age without the child having enrolled in an
22		approved driver education course and except that an
23		instruction permit may be issued to a child who is at least
24		15 years and 3 months of age, is enrolled in school, meets
25		the educational requirements of the Driver Education Act,

HB0313 Engrossed - 576 - LRB100 04130 SMS 14135 b
1		and has passed examinations the Secretary of State in his
2		or her discretion may prescribe;
3		1.5. To any person at least 18 years of age but less
4		than 21 years of age unless the person has, in addition to
5		any other requirements of this Code, successfully
6		completed an adult driver education course as provided in
7		Section 6-107.5 of this Code;
8		2. To any person who is under the age of 18 as an
9		operator of a motorcycle other than a motor driven cycle
10		unless the person has, in addition to meeting the
11		provisions of Section 6-107 of this Code, successfully
12		completed a motorcycle training course approved by the
13		Illinois Department of Transportation and successfully
14		completes the required Secretary of State's motorcycle
15		driver's examination;
16		3. To any person, as a driver, whose driver's license
17		or permit has been suspended, during the suspension, nor to
18		any person whose driver's license or permit has been
19		revoked, except as provided in Sections 6-205, 6-206, and
20		6-208;
21		4. To any person, as a driver, who is a user of alcohol
22		or any other drug to a degree that renders the person
23		incapable of safely driving a motor vehicle;
24		5. To any person, as a driver, who has previously been
25		adjudged to be afflicted with or suffering from any mental
26		or physical disability or disease and who has not at the

HB0313 Engrossed - 577 - LRB100 04130 SMS 14135 b
1		time of application been restored to competency by the
2		methods provided by law;
3		6. To any person, as a driver, who is required by the
4		Secretary of State to submit an alcohol and drug evaluation
5		or take an examination provided for in this Code unless the
6		person has successfully passed the examination and
7		submitted any required evaluation;
8		7. To any person who is required under the provisions
9		of the laws of this State to deposit security or proof of
10		financial responsibility and who has not deposited the
11		security or proof;
12		8. To any person when the Secretary of State has good
13		cause to believe that the person by reason of physical or
14		mental disability would not be able to safely operate a
15		motor vehicle upon the highways, unless the person shall
16		furnish to the Secretary of State a verified written
17		statement, acceptable to the Secretary of State, from a
18		competent medical specialist, a licensed physician
19		assistant, or a licensed advanced practice registered
20		nurse, to the effect that the operation of a motor vehicle
21		by the person would not be inimical to the public safety;
22		9. To any person, as a driver, who is 69 years of age
23		or older, unless the person has successfully complied with
24		the provisions of Section 6-109;
25		10. To any person convicted, within 12 months of
26		application for a license, of any of the sexual offenses

HB0313 Engrossed - 578 - LRB100 04130 SMS 14135 b
1		enumerated in paragraph 2 of subsection (b) of Section
2		6-205;
3		11. To any person who is under the age of 21 years with
4		a classification prohibited in paragraph (b) of Section
5		6-104 and to any person who is under the age of 18 years
6		with a classification prohibited in paragraph (c) of
7		Section 6-104;
8		12. To any person who has been either convicted of or
9		adjudicated under the Juvenile Court Act of 1987 based upon
10		a violation of the Cannabis Control Act, the Illinois
11		Controlled Substances Act, or the Methamphetamine Control
12		and Community Protection Act while that person was in
13		actual physical control of a motor vehicle. For purposes of
14		this Section, any person placed on probation under Section
15		10 of the Cannabis Control Act, Section 410 of the Illinois
16		Controlled Substances Act, or Section 70 of the
17		Methamphetamine Control and Community Protection Act shall
18		not be considered convicted. Any person found guilty of
19		this offense, while in actual physical control of a motor
20		vehicle, shall have an entry made in the court record by
21		the judge that this offense did occur while the person was
22		in actual physical control of a motor vehicle and order the
23		clerk of the court to report the violation to the Secretary
24		of State as such. The Secretary of State shall not issue a
25		new license or permit for a period of one year;
26		13. To any person who is under the age of 18 years and

HB0313 Engrossed - 579 - LRB100 04130 SMS 14135 b
1		who has committed the offense of operating a motor vehicle
2		without a valid license or permit in violation of Section
3		6-101 or a similar out of state offense;
4		14. To any person who is 90 days or more delinquent in
5		court ordered child support payments or has been
6		adjudicated in arrears in an amount equal to 90 days'
7		obligation or more and who has been found in contempt of
8		court for failure to pay the support, subject to the
9		requirements and procedures of Article VII of Chapter 7 of
10		the Illinois Vehicle Code;
11		14.5. To any person certified by the Illinois
12		Department of Healthcare and Family Services as being 90
13		days or more delinquent in payment of support under an
14		order of support entered by a court or administrative body
15		of this or any other State, subject to the requirements and
16		procedures of Article VII of Chapter 7 of this Code
17		regarding those certifications;
18		15. To any person released from a term of imprisonment
19		for violating Section 9-3 of the Criminal Code of 1961 or
20		the Criminal Code of 2012, or a similar provision of a law
21		of another state relating to reckless homicide or for
22		violating subparagraph (F) of paragraph (1) of subsection
23		(d) of Section 11-501 of this Code relating to aggravated
24		driving under the influence of alcohol, other drug or
25		drugs, intoxicating compound or compounds, or any
26		combination thereof, if the violation was the proximate

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1		cause of a death, within 24 months of release from a term
2		of imprisonment;
3		16. To any person who, with intent to influence any act
4		related to the issuance of any driver's license or permit,
5		by an employee of the Secretary of State's Office, or the
6		owner or employee of any commercial driver training school
7		licensed by the Secretary of State, or any other individual
8		authorized by the laws of this State to give driving
9		instructions or administer all or part of a driver's
10		license examination, promises or tenders to that person any
11		property or personal advantage which that person is not
12		authorized by law to accept. Any persons promising or
13		tendering such property or personal advantage shall be
14		disqualified from holding any class of driver's license or
15		permit for 120 consecutive days. The Secretary of State
16		shall establish by rule the procedures for implementing
17		this period of disqualification and the procedures by which
18		persons so disqualified may obtain administrative review
19		of the decision to disqualify;
20		17. To any person for whom the Secretary of State
21		cannot verify the accuracy of any information or
22		documentation submitted in application for a driver's
23		license;
24		18. To any person who has been adjudicated under the
25		Juvenile Court Act of 1987 based upon an offense that is
26		determined by the court to have been committed in

HB0313 Engrossed - 581 - LRB100 04130 SMS 14135 b
1		furtherance of the criminal activities of an organized
2		gang, as provided in Section 5-710 of that Act, and that
3		involved the operation or use of a motor vehicle or the use
4		of a driver's license or permit. The person shall be denied
5		a license or permit for the period determined by the court;
6		or
7		19. Beginning July 1, 2017, to any person who has been
8		issued an identification card under the Illinois
9		Identification Card Act. Any such person may, at his or her
10		discretion, surrender the identification card in order to
11		become eligible to obtain a driver's license.
12		The Secretary of State shall retain all conviction
13		information, if the information is required to be held
14		confidential under the Juvenile Court Act of 1987.
15		(Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14;
16		99-173, eff. 7-29-15; 99-511, eff. 1-1-17.)
17		(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
18		Sec. 6-106.1. School bus driver permit.
19		(a) The Secretary of State shall issue a school bus driver
20		permit to those applicants who have met all the requirements of
21		the application and screening process under this Section to
22		insure the welfare and safety of children who are transported
23		on school buses throughout the State of Illinois. Applicants
24		shall obtain the proper application required by the Secretary
25		of State from their prospective or current employer and submit

HB0313 Engrossed - 582 - LRB100 04130 SMS 14135 b
1		the completed application to the prospective or current
2		employer along with the necessary fingerprint submission as
3		required by the Department of State Police to conduct
4		fingerprint based criminal background checks on current and
5		future information available in the state system and current
6		information available through the Federal Bureau of
7		Investigation's system. Applicants who have completed the
8		fingerprinting requirements shall not be subjected to the
9		fingerprinting process when applying for subsequent permits or
10		submitting proof of successful completion of the annual
11		refresher course. Individuals who on July 1, 1995 (the
12		effective date of Public Act 88-612) possess a valid school bus
13		driver permit that has been previously issued by the
14		appropriate Regional School Superintendent are not subject to
15		the fingerprinting provisions of this Section as long as the
16		permit remains valid and does not lapse. The applicant shall be
17		required to pay all related application and fingerprinting fees
18		as established by rule including, but not limited to, the
19		amounts established by the Department of State Police and the
20		Federal Bureau of Investigation to process fingerprint based
21		criminal background investigations. All fees paid for
22		fingerprint processing services under this Section shall be
23		deposited into the State Police Services Fund for the cost
24		incurred in processing the fingerprint based criminal
25		background investigations. All other fees paid under this
26		Section shall be deposited into the Road Fund for the purpose

HB0313 Engrossed - 583 - LRB100 04130 SMS 14135 b
1		of defraying the costs of the Secretary of State in
2		administering this Section. All applicants must:
3		1. be 21 years of age or older;
4		2. possess a valid and properly classified driver's
5		license issued by the Secretary of State;
6		3. possess a valid driver's license, which has not been
7		revoked, suspended, or canceled for 3 years immediately
8		prior to the date of application, or have not had his or
9		her commercial motor vehicle driving privileges
10		disqualified within the 3 years immediately prior to the
11		date of application;
12		4. successfully pass a written test, administered by
13		the Secretary of State, on school bus operation, school bus
14		safety, and special traffic laws relating to school buses
15		and submit to a review of the applicant's driving habits by
16		the Secretary of State at the time the written test is
17		given;
18		5. demonstrate ability to exercise reasonable care in
19		the operation of school buses in accordance with rules
20		promulgated by the Secretary of State;
21		6. demonstrate physical fitness to operate school
22		buses by submitting the results of a medical examination,
23		including tests for drug use for each applicant not subject
24		to such testing pursuant to federal law, conducted by a
25		licensed physician, a licensed advanced practice
26		registered nurse, or a licensed physician assistant within

HB0313 Engrossed - 584 - LRB100 04130 SMS 14135 b
1		90 days of the date of application according to standards
2		promulgated by the Secretary of State;
3		7. affirm under penalties of perjury that he or she has
4		not made a false statement or knowingly concealed a
5		material fact in any application for permit;
6		8. have completed an initial classroom course,
7		including first aid procedures, in school bus driver safety
8		as promulgated by the Secretary of State; and after
9		satisfactory completion of said initial course an annual
10		refresher course; such courses and the agency or
11		organization conducting such courses shall be approved by
12		the Secretary of State; failure to complete the annual
13		refresher course, shall result in cancellation of the
14		permit until such course is completed;
15		9. not have been under an order of court supervision
16		for or convicted of 2 or more serious traffic offenses, as
17		defined by rule, within one year prior to the date of
18		application that may endanger the life or safety of any of
19		the driver's passengers within the duration of the permit
20		period;
21		10. not have been under an order of court supervision
22		for or convicted of reckless driving, aggravated reckless
23		driving, driving while under the influence of alcohol,
24		other drug or drugs, intoxicating compound or compounds or
25		any combination thereof, or reckless homicide resulting
26		from the operation of a motor vehicle within 3 years of the

HB0313 Engrossed - 585 - LRB100 04130 SMS 14135 b
1		date of application;
2		11. not have been convicted of committing or attempting
3		to commit any one or more of the following offenses: (i)
4		those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
5		9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
6		10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
7		11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
8		11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
9		11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
10		11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
11		11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
12		12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
13		12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
14		12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
15		12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
16		12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
17		18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
18		20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
19		24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
20		31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
21		8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
22		(e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
23		in subsection (a) and subsection (b), clause (1), of
24		Section 12-4, and in subsection (A), clauses (a) and (b),
25		of Section 24-3, and those offenses contained in Article
26		29D of the Criminal Code of 1961 or the Criminal Code of

HB0313 Engrossed - 586 - LRB100 04130 SMS 14135 b
1		2012; (ii) those offenses defined in the Cannabis Control
2		Act except those offenses defined in subsections (a) and
3		(b) of Section 4, and subsection (a) of Section 5 of the
4		Cannabis Control Act; (iii) those offenses defined in the
5		Illinois Controlled Substances Act; (iv) those offenses
6		defined in the Methamphetamine Control and Community
7		Protection Act; (v) any offense committed or attempted in
8		any other state or against the laws of the United States,
9		which if committed or attempted in this State would be
10		punishable as one or more of the foregoing offenses; (vi)
11		the offenses defined in Section 4.1 and 5.1 of the Wrongs
12		to Children Act or Section 11-9.1A of the Criminal Code of
13		1961 or the Criminal Code of 2012; (vii) those offenses
14		defined in Section 6-16 of the Liquor Control Act of 1934;
15		and (viii) those offenses defined in the Methamphetamine
16		Precursor Control Act;
17		12. not have been repeatedly involved as a driver in
18		motor vehicle collisions or been repeatedly convicted of
19		offenses against laws and ordinances regulating the
20		movement of traffic, to a degree which indicates lack of
21		ability to exercise ordinary and reasonable care in the
22		safe operation of a motor vehicle or disrespect for the
23		traffic laws and the safety of other persons upon the
24		highway;
25		13. not have, through the unlawful operation of a motor
26		vehicle, caused an accident resulting in the death of any

HB0313 Engrossed - 587 - LRB100 04130 SMS 14135 b
1		person;
2		14. not have, within the last 5 years, been adjudged to
3		be afflicted with or suffering from any mental disability
4		or disease; and
5		15. consent, in writing, to the release of results of
6		reasonable suspicion drug and alcohol testing under
7		Section 6-106.1c of this Code by the employer of the
8		applicant to the Secretary of State.
9		(b) A school bus driver permit shall be valid for a period
10		specified by the Secretary of State as set forth by rule. It
11		shall be renewable upon compliance with subsection (a) of this
12		Section.
13		(c) A school bus driver permit shall contain the holder's
14		driver's license number, legal name, residence address, zip
15		code, and date of birth, a brief description of the holder and
16		a space for signature. The Secretary of State may require a
17		suitable photograph of the holder.
18		(d) The employer shall be responsible for conducting a
19		pre-employment interview with prospective school bus driver
20		candidates, distributing school bus driver applications and
21		medical forms to be completed by the applicant, and submitting
22		the applicant's fingerprint cards to the Department of State
23		Police that are required for the criminal background
24		investigations. The employer shall certify in writing to the
25		Secretary of State that all pre-employment conditions have been
26		successfully completed including the successful completion of

HB0313 Engrossed - 588 - LRB100 04130 SMS 14135 b
1		an Illinois specific criminal background investigation through
2		the Department of State Police and the submission of necessary
3		fingerprints to the Federal Bureau of Investigation for
4		criminal history information available through the Federal
5		Bureau of Investigation system. The applicant shall present the
6		certification to the Secretary of State at the time of
7		submitting the school bus driver permit application.
8		(e) Permits shall initially be provisional upon receiving
9		certification from the employer that all pre-employment
10		conditions have been successfully completed, and upon
11		successful completion of all training and examination
12		requirements for the classification of the vehicle to be
13		operated, the Secretary of State shall provisionally issue a
14		School Bus Driver Permit. The permit shall remain in a
15		provisional status pending the completion of the Federal Bureau
16		of Investigation's criminal background investigation based
17		upon fingerprinting specimens submitted to the Federal Bureau
18		of Investigation by the Department of State Police. The Federal
19		Bureau of Investigation shall report the findings directly to
20		the Secretary of State. The Secretary of State shall remove the
21		bus driver permit from provisional status upon the applicant's
22		successful completion of the Federal Bureau of Investigation's
23		criminal background investigation.
24		(f) A school bus driver permit holder shall notify the
25		employer and the Secretary of State if he or she is issued an
26		order of court supervision for or convicted in another state of

HB0313 Engrossed - 589 - LRB100 04130 SMS 14135 b
1		an offense that would make him or her ineligible for a permit
2		under subsection (a) of this Section. The written notification
3		shall be made within 5 days of the entry of the order of court
4		supervision or conviction. Failure of the permit holder to
5		provide the notification is punishable as a petty offense for a
6		first violation and a Class B misdemeanor for a second or
7		subsequent violation.
8		(g) Cancellation; suspension; notice and procedure.
9		(1) The Secretary of State shall cancel a school bus
10		driver permit of an applicant whose criminal background
11		investigation discloses that he or she is not in compliance
12		with the provisions of subsection (a) of this Section.
13		(2) The Secretary of State shall cancel a school bus
14		driver permit when he or she receives notice that the
15		permit holder fails to comply with any provision of this
16		Section or any rule promulgated for the administration of
17		this Section.
18		(3) The Secretary of State shall cancel a school bus
19		driver permit if the permit holder's restricted commercial
20		or commercial driving privileges are withdrawn or
21		otherwise invalidated.
22		(4) The Secretary of State may not issue a school bus
23		driver permit for a period of 3 years to an applicant who
24		fails to obtain a negative result on a drug test as
25		required in item 6 of subsection (a) of this Section or
26		under federal law.

HB0313 Engrossed - 590 - LRB100 04130 SMS 14135 b
1		(5) The Secretary of State shall forthwith suspend a
2		school bus driver permit for a period of 3 years upon
3		receiving notice that the holder has failed to obtain a
4		negative result on a drug test as required in item 6 of
5		subsection (a) of this Section or under federal law.
6		(6) The Secretary of State shall suspend a school bus
7		driver permit for a period of 3 years upon receiving notice
8		from the employer that the holder failed to perform the
9		inspection procedure set forth in subsection (a) or (b) of
10		Section 12-816 of this Code.
11		(7) The Secretary of State shall suspend a school bus
12		driver permit for a period of 3 years upon receiving notice
13		from the employer that the holder refused to submit to an
14		alcohol or drug test as required by Section 6-106.1c or has
15		submitted to a test required by that Section which
16		disclosed an alcohol concentration of more than 0.00 or
17		disclosed a positive result on a National Institute on Drug
18		Abuse five-drug panel, utilizing federal standards set
19		forth in 49 CFR 40.87.
20		The Secretary of State shall notify the State
21		Superintendent of Education and the permit holder's
22		prospective or current employer that the applicant has (1) has
23		failed a criminal background investigation or (2) is no longer
24		eligible for a school bus driver permit; and of the related
25		cancellation of the applicant's provisional school bus driver
26		permit. The cancellation shall remain in effect pending the

HB0313 Engrossed - 591 - LRB100 04130 SMS 14135 b
1		outcome of a hearing pursuant to Section 2-118 of this Code.
2		The scope of the hearing shall be limited to the issuance
3		criteria contained in subsection (a) of this Section. A
4		petition requesting a hearing shall be submitted to the
5		Secretary of State and shall contain the reason the individual
6		feels he or she is entitled to a school bus driver permit. The
7		permit holder's employer shall notify in writing to the
8		Secretary of State that the employer has certified the removal
9		of the offending school bus driver from service prior to the
10		start of that school bus driver's next workshift. An employing
11		school board that fails to remove the offending school bus
12		driver from service is subject to the penalties defined in
13		Section 3-14.23 of the School Code. A school bus contractor who
14		violates a provision of this Section is subject to the
15		penalties defined in Section 6-106.11.
16		All valid school bus driver permits issued under this
17		Section prior to January 1, 1995, shall remain effective until
18		their expiration date unless otherwise invalidated.
19		(h) When a school bus driver permit holder who is a service
20		member is called to active duty, the employer of the permit
21		holder shall notify the Secretary of State, within 30 days of
22		notification from the permit holder, that the permit holder has
23		been called to active duty. Upon notification pursuant to this
24		subsection, (i) the Secretary of State shall characterize the
25		permit as inactive until a permit holder renews the permit as
26		provided in subsection (i) of this Section, and (ii) if a

HB0313 Engrossed - 592 - LRB100 04130 SMS 14135 b
1		permit holder fails to comply with the requirements of this
2		Section while called to active duty, the Secretary of State
3		shall not characterize the permit as invalid.
4		(i) A school bus driver permit holder who is a service
5		member returning from active duty must, within 90 days, renew a
6		permit characterized as inactive pursuant to subsection (h) of
7		this Section by complying with the renewal requirements of
8		subsection (b) of this Section.
9		(j) For purposes of subsections (h) and (i) of this
10		Section:
11		"Active duty" means active duty pursuant to an executive
12		order of the President of the United States, an act of the
13		Congress of the United States, or an order of the Governor.
14		"Service member" means a member of the Armed Services or
15		reserve forces of the United States or a member of the Illinois
16		National Guard.
17		(k) A private carrier employer of a school bus driver
18		permit holder, having satisfied the employer requirements of
19		this Section, shall be held to a standard of ordinary care for
20		intentional acts committed in the course of employment by the
21		bus driver permit holder. This subsection (k) shall in no way
22		limit the liability of the private carrier employer for
23		violation of any provision of this Section or for the negligent
24		hiring or retention of a school bus driver permit holder.
25		(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;
26		99-642, eff. 7-28-16.)

HB0313 Engrossed - 593 - LRB100 04130 SMS 14135 b
1		(625 ILCS 5/6-106.1a)
2		Sec. 6-106.1a. Cancellation of school bus driver permit;
3		trace of alcohol.
4		(a) A person who has been issued a school bus driver permit
5		by the Secretary of State in accordance with Section 6-106.1 of
6		this Code and who drives or is in actual physical control of a
7		school bus or any other vehicle owned or operated by or for a
8		public or private school, or a school operated by a religious
9		institution, when the vehicle is being used over a regularly
10		scheduled route for the transportation of persons enrolled as
11		students in grade 12 or below, in connection with any activity
12		of the entities listed, upon the public highways of this State
13		shall be deemed to have given consent to a chemical test or
14		tests of blood, breath, other bodily substance, or urine for
15		the purpose of determining the alcohol content of the person's
16		blood if arrested, as evidenced by the issuance of a Uniform
17		Traffic Ticket for any violation of this Code or a similar
18		provision of a local ordinance, if a police officer has
19		probable cause to believe that the driver has consumed any
20		amount of an alcoholic beverage based upon evidence of the
21		driver's physical condition or other first hand knowledge of
22		the police officer. The test or tests shall be administered at
23		the direction of the arresting officer. The law enforcement
24		agency employing the officer shall designate which of the
25		aforesaid tests shall be administered. A urine or other bodily

HB0313 Engrossed - 594 - LRB100 04130 SMS 14135 b
1		substance test may be administered even after a blood or breath
2		test or both has been administered.
3		(b) A person who is dead, unconscious, or who is otherwise
4		in a condition rendering that person incapable of refusal,
5		shall be deemed not to have withdrawn the consent provided by
6		paragraph (a) of this Section and the test or tests may be
7		administered subject to the following provisions:
8		(1) Chemical analysis of the person's blood, urine,
9		breath, or other bodily substance, to be considered valid
10		under the provisions of this Section, shall have been
11		performed according to standards promulgated by the
12		Department of State Police by an individual possessing a
13		valid permit issued by the Department of State Police for
14		this purpose. The Director of State Police is authorized to
15		approve satisfactory techniques or methods, to ascertain
16		the qualifications and competence of individuals to
17		conduct analyses, to issue permits that shall be subject to
18		termination or revocation at the direction of the
19		Department of State Police, and to certify the accuracy of
20		breath testing equipment. The Department of State Police
21		shall prescribe rules as necessary.
22		(2) When a person submits to a blood test at the
23		request of a law enforcement officer under the provisions
24		of this Section, only a physician authorized to practice
25		medicine, a licensed physician assistant, a licensed
26		advanced practice registered nurse, a registered nurse, or

HB0313 Engrossed - 595 - LRB100 04130 SMS 14135 b
1		other qualified person trained in venipuncture and acting
2		under the direction of a licensed physician may withdraw
3		blood for the purpose of determining the alcohol content.
4		This limitation does not apply to the taking of breath,
5		other bodily substance, or urine specimens.
6		(3) The person tested may have a physician, qualified
7		technician, chemist, registered nurse, or other qualified
8		person of his or her own choosing administer a chemical
9		test or tests in addition to any test or tests administered
10		at the direction of a law enforcement officer. The test
11		administered at the request of the person may be admissible
12		into evidence at a hearing conducted in accordance with
13		Section 2-118 of this Code. The failure or inability to
14		obtain an additional test by a person shall not preclude
15		the consideration of the previously performed chemical
16		test.
17		(4) Upon a request of the person who submits to a
18		chemical test or tests at the request of a law enforcement
19		officer, full information concerning the test or tests
20		shall be made available to the person or that person's
21		attorney by the requesting law enforcement agency within 72
22		hours of receipt of the test result.
23		(5) Alcohol concentration means either grams of
24		alcohol per 100 milliliters of blood or grams of alcohol
25		per 210 liters of breath.
26		(6) If a driver is receiving medical treatment as a

HB0313 Engrossed - 596 - LRB100 04130 SMS 14135 b
1		result of a motor vehicle accident, a physician licensed to
2		practice medicine, licensed physician assistant, licensed
3		advanced practice registered nurse, registered nurse, or
4		other qualified person trained in venipuncture and acting
5		under the direction of a licensed physician shall withdraw
6		blood for testing purposes to ascertain the presence of
7		alcohol upon the specific request of a law enforcement
8		officer. However, that testing shall not be performed
9		until, in the opinion of the medical personnel on scene,
10		the withdrawal can be made without interfering with or
11		endangering the well-being of the patient.
12		(c) A person requested to submit to a test as provided in
13		this Section shall be warned by the law enforcement officer
14		requesting the test that a refusal to submit to the test, or
15		submission to the test resulting in an alcohol concentration of
16		more than 0.00, may result in the loss of that person's
17		privilege to possess a school bus driver permit. The loss of
18		the individual's privilege to possess a school bus driver
19		permit shall be imposed in accordance with Section 6-106.1b of
20		this Code. A person requested to submit to a test under this
21		Section shall also acknowledge, in writing, receipt of the
22		warning required under this subsection (c). If the person
23		refuses to acknowledge receipt of the warning, the law
24		enforcement officer shall make a written notation on the
25		warning that the person refused to sign the warning. A person's
26		refusal to sign the warning shall not be evidence that the

HB0313 Engrossed - 597 - LRB100 04130 SMS 14135 b
1		person was not read the warning.
2		(d) If the person refuses testing or submits to a test that
3		discloses an alcohol concentration of more than 0.00, the law
4		enforcement officer shall immediately submit a sworn report to
5		the Secretary of State on a form prescribed by the Secretary of
6		State certifying that the test or tests were requested under
7		subsection (a) and the person refused to submit to a test or
8		tests or submitted to testing which disclosed an alcohol
9		concentration of more than 0.00. The law enforcement officer
10		shall submit the same sworn report when a person who has been
11		issued a school bus driver permit and who was operating a
12		school bus or any other vehicle owned or operated by or for a
13		public or private school, or a school operated by a religious
14		institution, when the vehicle is being used over a regularly
15		scheduled route for the transportation of persons enrolled as
16		students in grade 12 or below, in connection with any activity
17		of the entities listed, submits to testing under Section
18		11-501.1 of this Code and the testing discloses an alcohol
19		concentration of more than 0.00 and less than the alcohol
20		concentration at which driving or being in actual physical
21		control of a motor vehicle is prohibited under paragraph (1) of
22		subsection (a) of Section 11-501.
23		Upon receipt of the sworn report of a law enforcement
24		officer, the Secretary of State shall enter the school bus
25		driver permit sanction on the individual's driving record and
26		the sanction shall be effective on the 46th day following the

HB0313 Engrossed - 598 - LRB100 04130 SMS 14135 b
1		date notice of the sanction was given to the person.
2		The law enforcement officer submitting the sworn report
3		shall serve immediate notice of this school bus driver permit
4		sanction on the person and the sanction shall be effective on
5		the 46th day following the date notice was given.
6		In cases where the blood alcohol concentration of more than
7		0.00 is established by a subsequent analysis of blood, other
8		bodily substance, or urine, the police officer or arresting
9		agency shall give notice as provided in this Section or by
10		deposit in the United States mail of that notice in an envelope
11		with postage prepaid and addressed to that person at his or her
12		last known address and the loss of the school bus driver permit
13		shall be effective on the 46th day following the date notice
14		was given.
15		Upon receipt of the sworn report of a law enforcement
16		officer, the Secretary of State shall also give notice of the
17		school bus driver permit sanction to the driver and the
18		driver's current employer by mailing a notice of the effective
19		date of the sanction to the individual. However, shall the
20		sworn report be defective by not containing sufficient
21		information or be completed in error, the notice of the school
22		bus driver permit sanction may not be mailed to the person or
23		his current employer or entered to the driving record, but
24		rather the sworn report shall be returned to the issuing law
25		enforcement agency.
26		(e) A driver may contest this school bus driver permit

HB0313 Engrossed - 599 - LRB100 04130 SMS 14135 b
1		sanction by requesting an administrative hearing with the
2		Secretary of State in accordance with Section 2-118 of this
3		Code. An individual whose blood alcohol concentration is shown
4		to be more than 0.00 is not subject to this Section if he or she
5		consumed alcohol in the performance of a religious service or
6		ceremony. An individual whose blood alcohol concentration is
7		shown to be more than 0.00 shall not be subject to this Section
8		if the individual's blood alcohol concentration resulted only
9		from ingestion of the prescribed or recommended dosage of
10		medicine that contained alcohol. The petition for that hearing
11		shall not stay or delay the effective date of the impending
12		suspension. The scope of this hearing shall be limited to the
13		issues of:
14		(1) whether the police officer had probable cause to
15		believe that the person was driving or in actual physical
16		control of a school bus or any other vehicle owned or
17		operated by or for a public or private school, or a school
18		operated by a religious institution, when the vehicle is
19		being used over a regularly scheduled route for the
20		transportation of persons enrolled as students in grade 12
21		or below, in connection with any activity of the entities
22		listed, upon the public highways of the State and the
23		police officer had reason to believe that the person was in
24		violation of any provision of this Code or a similar
25		provision of a local ordinance; and
26		(2) whether the person was issued a Uniform Traffic

HB0313 Engrossed - 600 - LRB100 04130 SMS 14135 b
1		Ticket for any violation of this Code or a similar
2		provision of a local ordinance; and
3		(3) whether the police officer had probable cause to
4		believe that the driver had consumed any amount of an
5		alcoholic beverage based upon the driver's physical
6		actions or other first-hand knowledge of the police
7		officer; and
8		(4) whether the person, after being advised by the
9		officer that the privilege to possess a school bus driver
10		permit would be canceled if the person refused to submit to
11		and complete the test or tests, did refuse to submit to or
12		complete the test or tests to determine the person's
13		alcohol concentration; and
14		(5) whether the person, after being advised by the
15		officer that the privileges to possess a school bus driver
16		permit would be canceled if the person submits to a
17		chemical test or tests and the test or tests disclose an
18		alcohol concentration of more than 0.00 and the person did
19		submit to and complete the test or tests that determined an
20		alcohol concentration of more than 0.00; and
21		(6) whether the test result of an alcohol concentration
22		of more than 0.00 was based upon the person's consumption
23		of alcohol in the performance of a religious service or
24		ceremony; and
25		(7) whether the test result of an alcohol concentration
26		of more than 0.00 was based upon the person's consumption

HB0313 Engrossed - 601 - LRB100 04130 SMS 14135 b
1		of alcohol through ingestion of the prescribed or
2		recommended dosage of medicine.
3		The Secretary of State may adopt administrative rules
4		setting forth circumstances under which the holder of a school
5		bus driver permit is not required to appear in person at the
6		hearing.
7		Provided that the petitioner may subpoena the officer, the
8		hearing may be conducted upon a review of the law enforcement
9		officer's own official reports. Failure of the officer to
10		answer the subpoena shall be grounds for a continuance if, in
11		the hearing officer's discretion, the continuance is
12		appropriate. At the conclusion of the hearing held under
13		Section 2-118 of this Code, the Secretary of State may rescind,
14		continue, or modify the school bus driver permit sanction.
15		(f) The results of any chemical testing performed in
16		accordance with subsection (a) of this Section are not
17		admissible in any civil or criminal proceeding, except that the
18		results of the testing may be considered at a hearing held
19		under Section 2-118 of this Code. However, the results of the
20		testing may not be used to impose driver's license sanctions
21		under Section 11-501.1 of this Code. A law enforcement officer
22		may, however, pursue a statutory summary suspension or
23		revocation of driving privileges under Section 11-501.1 of this
24		Code if other physical evidence or first hand knowledge forms
25		the basis of that suspension or revocation.
26		(g) This Section applies only to drivers who have been

HB0313 Engrossed - 602 - LRB100 04130 SMS 14135 b
1		issued a school bus driver permit in accordance with Section
2		6-106.1 of this Code at the time of the issuance of the Uniform
3		Traffic Ticket for a violation of this Code or a similar
4		provision of a local ordinance, and a chemical test request is
5		made under this Section.
6		(h) The action of the Secretary of State in suspending,
7		revoking, canceling, or denying any license, permit,
8		registration, or certificate of title shall be subject to
9		judicial review in the Circuit Court of Sangamon County or in
10		the Circuit Court of Cook County, and the provisions of the
11		Administrative Review Law and its rules are hereby adopted and
12		shall apply to and govern every action for the judicial review
13		of final acts or decisions of the Secretary of State under this
14		Section.
15		(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
16		(625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
17		Sec. 6-901. Definitions. For the purposes of this Article:
18		"Board" means the Driver's License Medical Advisory Board.
19		"Medical examiner" or "medical practitioner" means:
20		(i) any person licensed to practice medicine in all its
21		branches in the State of Illinois or any other state;
22		(ii) a licensed physician assistant; or
23		(iii) a licensed advanced practice registered nurse.
24		(Source: P.A. 99-173, eff. 7-29-15.)

HB0313 Engrossed - 603 - LRB100 04130 SMS 14135 b
1		(625 ILCS 5/11-501.01)
2		Sec. 11-501.01. Additional administrative sanctions.
3		(a) After a finding of guilt and prior to any final
4		sentencing or an order for supervision, for an offense based
5		upon an arrest for a violation of Section 11-501 or a similar
6		provision of a local ordinance, individuals shall be required
7		to undergo a professional evaluation to determine if an
8		alcohol, drug, or intoxicating compound abuse problem exists
9		and the extent of the problem, and undergo the imposition of
10		treatment as appropriate. Programs conducting these
11		evaluations shall be licensed by the Department of Human
12		Services. The cost of any professional evaluation shall be paid
13		for by the individual required to undergo the professional
14		evaluation.
15		(b) Any person who is found guilty of or pleads guilty to
16		violating Section 11-501, including any person receiving a
17		disposition of court supervision for violating that Section,
18		may be required by the Court to attend a victim impact panel
19		offered by, or under contract with, a county State's Attorney's
20		office, a probation and court services department, Mothers
21		Against Drunk Driving, or the Alliance Against Intoxicated
22		Motorists. All costs generated by the victim impact panel shall
23		be paid from fees collected from the offender or as may be
24		determined by the court.
25		(c) Every person found guilty of violating Section 11-501,
26		whose operation of a motor vehicle while in violation of that

HB0313 Engrossed - 604 - LRB100 04130 SMS 14135 b
1		Section proximately caused any incident resulting in an
2		appropriate emergency response, shall be liable for the expense
3		of an emergency response as provided in subsection (i) of this
4		Section.
5		(d) The Secretary of State shall revoke the driving
6		privileges of any person convicted under Section 11-501 or a
7		similar provision of a local ordinance.
8		(e) The Secretary of State shall require the use of
9		ignition interlock devices for a period not less than 5 years
10		on all vehicles owned by a person who has been convicted of a
11		second or subsequent offense of Section 11-501 or a similar
12		provision of a local ordinance. The person must pay to the
13		Secretary of State DUI Administration Fund an amount not to
14		exceed $30 for each month that he or she uses the device. The
15		Secretary shall establish by rule and regulation the procedures
16		for certification and use of the interlock system, the amount
17		of the fee, and the procedures, terms, and conditions relating
18		to these fees. During the time period in which a person is
19		required to install an ignition interlock device under this
20		subsection (e), that person shall only operate vehicles in
21		which ignition interlock devices have been installed, except as
22		allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
23		this Code.
24		(f) In addition to any other penalties and liabilities, a
25		person who is found guilty of or pleads guilty to violating
26		Section 11-501, including any person placed on court

HB0313 Engrossed - 605 - LRB100 04130 SMS 14135 b
1		supervision for violating Section 11-501, shall be assessed
2		$750, payable to the circuit clerk, who shall distribute the
3		money as follows: $350 to the law enforcement agency that made
4		the arrest, and $400 shall be forwarded to the State Treasurer
5		for deposit into the General Revenue Fund. If the person has
6		been previously convicted of violating Section 11-501 or a
7		similar provision of a local ordinance, the fine shall be
8		$1,000, and the circuit clerk shall distribute $200 to the law
9		enforcement agency that made the arrest and $800 to the State
10		Treasurer for deposit into the General Revenue Fund. In the
11		event that more than one agency is responsible for the arrest,
12		the amount payable to law enforcement agencies shall be shared
13		equally. Any moneys received by a law enforcement agency under
14		this subsection (f) shall be used for enforcement and
15		prevention of driving while under the influence of alcohol,
16		other drug or drugs, intoxicating compound or compounds or any
17		combination thereof, as defined by Section 11-501 of this Code,
18		including but not limited to the purchase of law enforcement
19		equipment and commodities that will assist in the prevention of
20		alcohol related criminal violence throughout the State; police
21		officer training and education in areas related to alcohol
22		related crime, including but not limited to DUI training; and
23		police officer salaries, including but not limited to salaries
24		for hire back funding for safety checkpoints, saturation
25		patrols, and liquor store sting operations. Any moneys received
26		by the Department of State Police under this subsection (f)

HB0313 Engrossed - 606 - LRB100 04130 SMS 14135 b
1		shall be deposited into the State Police DUI Fund and shall be
2		used to purchase law enforcement equipment that will assist in
3		the prevention of alcohol related criminal violence throughout
4		the State.
5		(g) The Secretary of State Police DUI Fund is created as a
6		special fund in the State treasury. All moneys received by the
7		Secretary of State Police under subsection (f) of this Section
8		shall be deposited into the Secretary of State Police DUI Fund
9		and, subject to appropriation, shall be used for enforcement
10		and prevention of driving while under the influence of alcohol,
11		other drug or drugs, intoxicating compound or compounds or any
12		combination thereof, as defined by Section 11-501 of this Code,
13		including but not limited to the purchase of law enforcement
14		equipment and commodities to assist in the prevention of
15		alcohol related criminal violence throughout the State; police
16		officer training and education in areas related to alcohol
17		related crime, including but not limited to DUI training; and
18		police officer salaries, including but not limited to salaries
19		for hire back funding for safety checkpoints, saturation
20		patrols, and liquor store sting operations.
21		(h) Whenever an individual is sentenced for an offense
22		based upon an arrest for a violation of Section 11-501 or a
23		similar provision of a local ordinance, and the professional
24		evaluation recommends remedial or rehabilitative treatment or
25		education, neither the treatment nor the education shall be the
26		sole disposition and either or both may be imposed only in

HB0313 Engrossed - 607 - LRB100 04130 SMS 14135 b
1		conjunction with another disposition. The court shall monitor
2		compliance with any remedial education or treatment
3		recommendations contained in the professional evaluation.
4		Programs conducting alcohol or other drug evaluation or
5		remedial education must be licensed by the Department of Human
6		Services. If the individual is not a resident of Illinois,
7		however, the court may accept an alcohol or other drug
8		evaluation or remedial education program in the individual's
9		state of residence. Programs providing treatment must be
10		licensed under existing applicable alcoholism and drug
11		treatment licensure standards.
12		(i) In addition to any other fine or penalty required by
13		law, an individual convicted of a violation of Section 11-501,
14		Section 5-7 of the Snowmobile Registration and Safety Act,
15		Section 5-16 of the Boat Registration and Safety Act, or a
16		similar provision, whose operation of a motor vehicle,
17		snowmobile, or watercraft while in violation of Section 11-501,
18		Section 5-7 of the Snowmobile Registration and Safety Act,
19		Section 5-16 of the Boat Registration and Safety Act, or a
20		similar provision proximately caused an incident resulting in
21		an appropriate emergency response, shall be required to make
22		restitution to a public agency for the costs of that emergency
23		response. The restitution may not exceed $1,000 per public
24		agency for each emergency response. As used in this subsection
25		(i), "emergency response" means any incident requiring a
26		response by a police officer, a firefighter carried on the

HB0313 Engrossed - 608 - LRB100 04130 SMS 14135 b
1		rolls of a regularly constituted fire department, or an
2		ambulance. With respect to funds designated for the Department
3		of State Police, the moneys shall be remitted by the circuit
4		court clerk to the State Police within one month after receipt
5		for deposit into the State Police DUI Fund. With respect to
6		funds designated for the Department of Natural Resources, the
7		Department of Natural Resources shall deposit the moneys into
8		the Conservation Police Operations Assistance Fund.
9		(j) A person that is subject to a chemical test or tests of
10		blood under subsection (a) of Section 11-501.1 or subdivision
11		(c)(2) of Section 11-501.2 of this Code, whether or not that
12		person consents to testing, shall be liable for the expense up
13		to $500 for blood withdrawal by a physician authorized to
14		practice medicine, a licensed physician assistant, a licensed
15		advanced practice registered nurse, a registered nurse, a
16		trained phlebotomist, a licensed paramedic, or a qualified
17		person other than a police officer approved by the Department
18		of State Police to withdraw blood, who responds, whether at a
19		law enforcement facility or a health care facility, to a police
20		department request for the drawing of blood based upon refusal
21		of the person to submit to a lawfully requested breath test or
22		probable cause exists to believe the test would disclose the
23		ingestion, consumption, or use of drugs or intoxicating
24		compounds if:
25		(1) the person is found guilty of violating Section
26		11-501 of this Code or a similar provision of a local

HB0313 Engrossed - 609 - LRB100 04130 SMS 14135 b
1		ordinance; or
2		(2) the person pleads guilty to or stipulates to facts
3		supporting a violation of Section 11-503 of this Code or a
4		similar provision of a local ordinance when the plea or
5		stipulation was the result of a plea agreement in which the
6		person was originally charged with violating Section
7		11-501 of this Code or a similar local ordinance.
8		(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13;
9		98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;
10		99-642, eff. 7-28-16.)
11		(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
12		Sec. 11-501.2. Chemical and other tests.
13		(a) Upon the trial of any civil or criminal action or
14		proceeding arising out of an arrest for an offense as defined
15		in Section 11-501 or a similar local ordinance or proceedings
16		pursuant to Section 2-118.1, evidence of the concentration of
17		alcohol, other drug or drugs, or intoxicating compound or
18		compounds, or any combination thereof in a person's blood or
19		breath at the time alleged, as determined by analysis of the
20		person's blood, urine, breath, or other bodily substance, shall
21		be admissible. Where such test is made the following provisions
22		shall apply:
23		1. Chemical analyses of the person's blood, urine,
24		breath, or other bodily substance to be considered valid
25		under the provisions of this Section shall have been

HB0313 Engrossed - 610 - LRB100 04130 SMS 14135 b
1		performed according to standards promulgated by the
2		Department of State Police by a licensed physician,
3		registered nurse, trained phlebotomist, licensed
4		paramedic, or other individual possessing a valid permit
5		issued by that Department for this purpose. The Director of
6		State Police is authorized to approve satisfactory
7		techniques or methods, to ascertain the qualifications and
8		competence of individuals to conduct such analyses, to
9		issue permits which shall be subject to termination or
10		revocation at the discretion of that Department and to
11		certify the accuracy of breath testing equipment. The
12		Department of State Police shall prescribe regulations as
13		necessary to implement this Section.
14		2. When a person in this State shall submit to a blood
15		test at the request of a law enforcement officer under the
16		provisions of Section 11-501.1, only a physician
17		authorized to practice medicine, a licensed physician
18		assistant, a licensed advanced practice registered nurse,
19		a registered nurse, trained phlebotomist, or licensed
20		paramedic, or other qualified person approved by the
21		Department of State Police may withdraw blood for the
22		purpose of determining the alcohol, drug, or alcohol and
23		drug content therein. This limitation shall not apply to
24		the taking of breath, other bodily substance, or urine
25		specimens.
26		When a blood test of a person who has been taken to an

HB0313 Engrossed - 611 - LRB100 04130 SMS 14135 b
1		adjoining state for medical treatment is requested by an
2		Illinois law enforcement officer, the blood may be
3		withdrawn only by a physician authorized to practice
4		medicine in the adjoining state, a licensed physician
5		assistant, a licensed advanced practice registered nurse,
6		a registered nurse, a trained phlebotomist acting under the
7		direction of the physician, or licensed paramedic. The law
8		enforcement officer requesting the test shall take custody
9		of the blood sample, and the blood sample shall be analyzed
10		by a laboratory certified by the Department of State Police
11		for that purpose.
12		3. The person tested may have a physician, or a
13		qualified technician, chemist, registered nurse, or other
14		qualified person of their own choosing administer a
15		chemical test or tests in addition to any administered at
16		the direction of a law enforcement officer. The failure or
17		inability to obtain an additional test by a person shall
18		not preclude the admission of evidence relating to the test
19		or tests taken at the direction of a law enforcement
20		officer.
21		4. Upon the request of the person who shall submit to a
22		chemical test or tests at the request of a law enforcement
23		officer, full information concerning the test or tests
24		shall be made available to the person or such person's
25		attorney.
26		5. Alcohol concentration shall mean either grams of

HB0313 Engrossed - 612 - LRB100 04130 SMS 14135 b
1		alcohol per 100 milliliters of blood or grams of alcohol
2		per 210 liters of breath.
3		6. Tetrahydrocannabinol concentration means either 5
4		nanograms or more of delta-9-tetrahydrocannabinol per
5		milliliter of whole blood or 10 nanograms or more of
6		delta-9-tetrahydrocannabinol per milliliter of other
7		bodily substance.
8		(a-5) Law enforcement officials may use standardized field
9		sobriety tests approved by the National Highway Traffic Safety
10		Administration when conducting investigations of a violation
11		of Section 11-501 or similar local ordinance by drivers
12		suspected of driving under the influence of cannabis. The
13		General Assembly finds that standardized field sobriety tests
14		approved by the National Highway Traffic Safety Administration
15		are divided attention tasks that are intended to determine if a
16		person is under the influence of cannabis. The purpose of these
17		tests is to determine the effect of the use of cannabis on a
18		person's capacity to think and act with ordinary care and
19		therefore operate a motor vehicle safely. Therefore, the
20		results of these standardized field sobriety tests,
21		appropriately administered, shall be admissible in the trial of
22		any civil or criminal action or proceeding arising out of an
23		arrest for a cannabis-related offense as defined in Section
24		11-501 or a similar local ordinance or proceedings under
25		Section 2-118.1 or 2-118.2. Where a test is made the following
26		provisions shall apply:

HB0313 Engrossed - 613 - LRB100 04130 SMS 14135 b
1		1. The person tested may have a physician, or a
2		qualified technician, chemist, registered nurse, or other
3		qualified person of their own choosing administer a
4		chemical test or tests in addition to the standardized
5		field sobriety test or tests administered at the direction
6		of a law enforcement officer. The failure or inability to
7		obtain an additional test by a person does not preclude the
8		admission of evidence relating to the test or tests taken
9		at the direction of a law enforcement officer.
10		2. Upon the request of the person who shall submit to a
11		standardized field sobriety test or tests at the request of
12		a law enforcement officer, full information concerning the
13		test or tests shall be made available to the person or the
14		person's attorney.
15		3. At the trial of any civil or criminal action or
16		proceeding arising out of an arrest for an offense as
17		defined in Section 11-501 or a similar local ordinance or
18		proceedings under Section 2-118.1 or 2-118.2 in which the
19		results of these standardized field sobriety tests are
20		admitted, the cardholder may present and the trier of fact
21		may consider evidence that the card holder lacked the
22		physical capacity to perform the standardized field
23		sobriety tests.
24		(b) Upon the trial of any civil or criminal action or
25		proceeding arising out of acts alleged to have been committed
26		by any person while driving or in actual physical control of a

HB0313 Engrossed - 614 - LRB100 04130 SMS 14135 b
1		vehicle while under the influence of alcohol, the concentration
2		of alcohol in the person's blood or breath at the time alleged
3		as shown by analysis of the person's blood, urine, breath, or
4		other bodily substance shall give rise to the following
5		presumptions:
6		1. If there was at that time an alcohol concentration
7		of 0.05 or less, it shall be presumed that the person was
8		not under the influence of alcohol.
9		2. If there was at that time an alcohol concentration
10		in excess of 0.05 but less than 0.08, such facts shall not
11		give rise to any presumption that the person was or was not
12		under the influence of alcohol, but such fact may be
13		considered with other competent evidence in determining
14		whether the person was under the influence of alcohol.
15		3. If there was at that time an alcohol concentration
16		of 0.08 or more, it shall be presumed that the person was
17		under the influence of alcohol.
18		4. The foregoing provisions of this Section shall not
19		be construed as limiting the introduction of any other
20		relevant evidence bearing upon the question whether the
21		person was under the influence of alcohol.
22		(b-5) Upon the trial of any civil or criminal action or
23		proceeding arising out of acts alleged to have been committed
24		by any person while driving or in actual physical control of a
25		vehicle while under the influence of alcohol, other drug or
26		drugs, intoxicating compound or compounds or any combination

HB0313 Engrossed - 615 - LRB100 04130 SMS 14135 b
1		thereof, the concentration of cannabis in the person's whole
2		blood or other bodily substance at the time alleged as shown by
3		analysis of the person's blood or other bodily substance shall
4		give rise to the following presumptions:
5		1. If there was a tetrahydrocannabinol concentration
6		of 5 nanograms or more in whole blood or 10 nanograms or
7		more in an other bodily substance as defined in this
8		Section, it shall be presumed that the person was under the
9		influence of cannabis.
10		2. If there was at that time a tetrahydrocannabinol
11		concentration of less than 5 nanograms in whole blood or
12		less than 10 nanograms in an other bodily substance, such
13		facts shall not give rise to any presumption that the
14		person was or was not under the influence of cannabis, but
15		such fact may be considered with other competent evidence
16		in determining whether the person was under the influence
17		of cannabis.
18		(c) 1. If a person under arrest refuses to submit to a
19		chemical test under the provisions of Section 11-501.1,
20		evidence of refusal shall be admissible in any civil or
21		criminal action or proceeding arising out of acts alleged to
22		have been committed while the person under the influence of
23		alcohol, other drug or drugs, or intoxicating compound or
24		compounds, or any combination thereof was driving or in actual
25		physical control of a motor vehicle.
26		2. Notwithstanding any ability to refuse under this Code to

HB0313 Engrossed - 616 - LRB100 04130 SMS 14135 b
1		submit to these tests or any ability to revoke the implied
2		consent to these tests, if a law enforcement officer has
3		probable cause to believe that a motor vehicle driven by or in
4		actual physical control of a person under the influence of
5		alcohol, other drug or drugs, or intoxicating compound or
6		compounds, or any combination thereof has caused the death or
7		personal injury to another, the law enforcement officer shall
8		request, and that person shall submit, upon the request of a
9		law enforcement officer, to a chemical test or tests of his or
10		her blood, breath, other bodily substance, or urine for the
11		purpose of determining the alcohol content thereof or the
12		presence of any other drug or combination of both.
13		This provision does not affect the applicability of or
14		imposition of driver's license sanctions under Section
15		11-501.1 of this Code.
16		3. For purposes of this Section, a personal injury includes
17		any Type A injury as indicated on the traffic accident report
18		completed by a law enforcement officer that requires immediate
19		professional attention in either a doctor's office or a medical
20		facility. A Type A injury includes severe bleeding wounds,
21		distorted extremities, and injuries that require the injured
22		party to be carried from the scene.
23		(d) If a person refuses standardized field sobriety tests
24		under Section 11-501.9 of this Code, evidence of refusal shall
25		be admissible in any civil or criminal action or proceeding
26		arising out of acts committed while the person was driving or

HB0313 Engrossed - 617 - LRB100 04130 SMS 14135 b
1		in actual physical control of a vehicle and alleged to have
2		been impaired by the use of cannabis.
3		(e) Department of State Police compliance with the changes
4		in this amendatory Act of the 99th General Assembly concerning
5		testing of other bodily substances and tetrahydrocannabinol
6		concentration by Department of State Police laboratories is
7		subject to appropriation and until the Department of State
8		Police adopt standards and completion validation. Any
9		laboratories that test for the presence of cannabis or other
10		drugs under this Article, the Snowmobile Registration and
11		Safety Act, or the Boat Registration and Safety Act must comply
12		with ISO/IEC 17025:2005.
13		(Source: P.A. 98-122, eff. 1-1-14; 98-973, eff. 8-15-14;
14		98-1172, eff. 1-12-15; 99-697, eff. 7-29-16.)
15		(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
16		Sec. 11-501.6. Driver involvement in personal injury or
17		fatal motor vehicle accident; chemical test.
18		(a) Any person who drives or is in actual control of a
19		motor vehicle upon the public highways of this State and who
20		has been involved in a personal injury or fatal motor vehicle
21		accident, shall be deemed to have given consent to a breath
22		test using a portable device as approved by the Department of
23		State Police or to a chemical test or tests of blood, breath,
24		other bodily substance, or urine for the purpose of determining
25		the content of alcohol, other drug or drugs, or intoxicating

HB0313 Engrossed - 618 - LRB100 04130 SMS 14135 b
1		compound or compounds of such person's blood if arrested as
2		evidenced by the issuance of a Uniform Traffic Ticket for any
3		violation of the Illinois Vehicle Code or a similar provision
4		of a local ordinance, with the exception of equipment
5		violations contained in Chapter 12 of this Code, or similar
6		provisions of local ordinances. The test or tests shall be
7		administered at the direction of the arresting officer. The law
8		enforcement agency employing the officer shall designate which
9		of the aforesaid tests shall be administered. Up to 2
10		additional tests of urine or other bodily substance may be
11		administered even after a blood or breath test or both has been
12		administered. Compliance with this Section does not relieve
13		such person from the requirements of Section 11-501.1 of this
14		Code.
15		(b) Any person who is dead, unconscious or who is otherwise
16		in a condition rendering such person incapable of refusal shall
17		be deemed not to have withdrawn the consent provided by
18		subsection (a) of this Section. In addition, if a driver of a
19		vehicle is receiving medical treatment as a result of a motor
20		vehicle accident, any physician licensed to practice medicine,
21		licensed physician assistant, licensed advanced practice
22		registered nurse, registered nurse or a phlebotomist acting
23		under the direction of a licensed physician shall withdraw
24		blood for testing purposes to ascertain the presence of
25		alcohol, other drug or drugs, or intoxicating compound or
26		compounds, upon the specific request of a law enforcement

HB0313 Engrossed - 619 - LRB100 04130 SMS 14135 b
1		officer. However, no such testing shall be performed until, in
2		the opinion of the medical personnel on scene, the withdrawal
3		can be made without interfering with or endangering the
4		well-being of the patient.
5		(c) A person requested to submit to a test as provided
6		above shall be warned by the law enforcement officer requesting
7		the test that a refusal to submit to the test, or submission to
8		the test resulting in an alcohol concentration of 0.08 or more,
9		or testing discloses the presence of cannabis as listed in the
10		Cannabis Control Act with a tetrahydrocannabinol concentration
11		as defined in paragraph 6 of subsection (a) of Section 11-501.2
12		of this Code, or any amount of a drug, substance, or
13		intoxicating compound resulting from the unlawful use or
14		consumption of a controlled substance listed in the Illinois
15		Controlled Substances Act, an intoxicating compound listed in
16		the Use of Intoxicating Compounds Act, or methamphetamine as
17		listed in the Methamphetamine Control and Community Protection
18		Act as detected in such person's blood, other bodily substance,
19		or urine, may result in the suspension of such person's
20		privilege to operate a motor vehicle. If the person is also a
21		CDL holder, he or she shall be warned by the law enforcement
22		officer requesting the test that a refusal to submit to the
23		test, or submission to the test resulting in an alcohol
24		concentration of 0.08 or more, or any amount of a drug,
25		substance, or intoxicating compound resulting from the
26		unlawful use or consumption of cannabis, as covered by the

HB0313 Engrossed - 620 - LRB100 04130 SMS 14135 b
1		Cannabis Control Act, a controlled substance listed in the
2		Illinois Controlled Substances Act, an intoxicating compound
3		listed in the Use of Intoxicating Compounds Act, or
4		methamphetamine as listed in the Methamphetamine Control and
5		Community Protection Act as detected in the person's blood,
6		other bodily substance, or urine, may result in the
7		disqualification of the person's privilege to operate a
8		commercial motor vehicle, as provided in Section 6-514 of this
9		Code. The length of the suspension shall be the same as
10		outlined in Section 6-208.1 of this Code regarding statutory
11		summary suspensions.
12		A person requested to submit to a test shall also
13		acknowledge, in writing, receipt of the warning required under
14		this Section. If the person refuses to acknowledge receipt of
15		the warning, the law enforcement officer shall make a written
16		notation on the warning that the person refused to sign the
17		warning. A person's refusal to sign the warning shall not be
18		evidence that the person was not read the warning.
19		(d) If the person refuses testing or submits to a test
20		which discloses an alcohol concentration of 0.08 or more, the
21		presence of cannabis as listed in the Cannabis Control Act with
22		a tetrahydrocannabinol concentration as defined in paragraph 6
23		of subsection (a) of Section 11-501.2 of this Code, or any
24		amount of a drug, substance, or intoxicating compound in such
25		person's blood or urine resulting from the unlawful use or
26		consumption of a controlled substance listed in the Illinois

HB0313 Engrossed - 621 - LRB100 04130 SMS 14135 b
1		Controlled Substances Act, an intoxicating compound listed in
2		the Use of Intoxicating Compounds Act, or methamphetamine as
3		listed in the Methamphetamine Control and Community Protection
4		Act, the law enforcement officer shall immediately submit a
5		sworn report to the Secretary of State on a form prescribed by
6		the Secretary, certifying that the test or tests were requested
7		under subsection (a) and the person refused to submit to a test
8		or tests or submitted to testing which disclosed an alcohol
9		concentration of 0.08 or more, the presence of cannabis as
10		listed in the Cannabis Control Act with a tetrahydrocannabinol
11		concentration as defined in paragraph 6 of subsection (a) of
12		Section 11-501.2 of this Code, or any amount of a drug,
13		substance, or intoxicating compound in such person's blood,
14		other bodily substance, or urine, resulting from the unlawful
15		use or consumption of a controlled substance listed in the
16		Illinois Controlled Substances Act, an intoxicating compound
17		listed in the Use of Intoxicating Compounds Act, or
18		methamphetamine as listed in the Methamphetamine Control and
19		Community Protection Act. If the person is also a CDL holder
20		and refuses testing or submits to a test which discloses an
21		alcohol concentration of 0.08 or more, or any amount of a drug,
22		substance, or intoxicating compound in the person's blood,
23		other bodily substance, or urine resulting from the unlawful
24		use or consumption of cannabis listed in the Cannabis Control
25		Act, a controlled substance listed in the Illinois Controlled
26		Substances Act, an intoxicating compound listed in the Use of

HB0313 Engrossed - 622 - LRB100 04130 SMS 14135 b
1		Intoxicating Compounds Act, or methamphetamine as listed in the
2		Methamphetamine Control and Community Protection Act, the law
3		enforcement officer shall immediately submit a sworn report to
4		the Secretary of State on a form prescribed by the Secretary,
5		certifying that the test or tests were requested under
6		subsection (a) and the person refused to submit to a test or
7		tests or submitted to testing which disclosed an alcohol
8		concentration of 0.08 or more, or any amount of a drug,
9		substance, or intoxicating compound in such person's blood,
10		other bodily substance, or urine, resulting from the unlawful
11		use or consumption of cannabis listed in the Cannabis Control
12		Act, a controlled substance listed in the Illinois Controlled
13		Substances Act, an intoxicating compound listed in the Use of
14		Intoxicating Compounds Act, or methamphetamine as listed in the
15		Methamphetamine Control and Community Protection Act.
16		Upon receipt of the sworn report of a law enforcement
17		officer, the Secretary shall enter the suspension and
18		disqualification to the individual's driving record and the
19		suspension and disqualification shall be effective on the 46th
20		day following the date notice of the suspension was given to
21		the person.
22		The law enforcement officer submitting the sworn report
23		shall serve immediate notice of this suspension on the person
24		and such suspension and disqualification shall be effective on
25		the 46th day following the date notice was given.
26		In cases involving a person who is not a CDL holder where

HB0313 Engrossed - 623 - LRB100 04130 SMS 14135 b
1		the blood alcohol concentration of 0.08 or more, or blood
2		testing discloses the presence of cannabis as listed in the
3		Cannabis Control Act with a tetrahydrocannabinol concentration
4		as defined in paragraph 6 of subsection (a) of Section 11-501.2
5		of this Code, or any amount of a drug, substance, or
6		intoxicating compound resulting from the unlawful use or
7		consumption of a controlled substance listed in the Illinois
8		Controlled Substances Act, an intoxicating compound listed in
9		the Use of Intoxicating Compounds Act, or methamphetamine as
10		listed in the Methamphetamine Control and Community Protection
11		Act, is established by a subsequent analysis of blood, other
12		bodily substance, or urine collected at the time of arrest, the
13		arresting officer shall give notice as provided in this Section
14		or by deposit in the United States mail of such notice in an
15		envelope with postage prepaid and addressed to such person at
16		his or her address as shown on the Uniform Traffic Ticket and
17		the suspension shall be effective on the 46th day following the
18		date notice was given.
19		In cases involving a person who is a CDL holder where the
20		blood alcohol concentration of 0.08 or more, or any amount of a
21		drug, substance, or intoxicating compound resulting from the
22		unlawful use or consumption of cannabis as listed in the
23		Cannabis Control Act, a controlled substance listed in the
24		Illinois Controlled Substances Act, an intoxicating compound
25		listed in the Use of Intoxicating Compounds Act, or
26		methamphetamine as listed in the Methamphetamine Control and

HB0313 Engrossed - 624 - LRB100 04130 SMS 14135 b
1		Community Protection Act, is established by a subsequent
2		analysis of blood, other bodily substance, or urine collected
3		at the time of arrest, the arresting officer shall give notice
4		as provided in this Section or by deposit in the United States
5		mail of such notice in an envelope with postage prepaid and
6		addressed to the person at his or her address as shown on the
7		Uniform Traffic Ticket and the suspension and disqualification
8		shall be effective on the 46th day following the date notice
9		was given.
10		Upon receipt of the sworn report of a law enforcement
11		officer, the Secretary shall also give notice of the suspension
12		and disqualification to the driver by mailing a notice of the
13		effective date of the suspension and disqualification to the
14		individual. However, should the sworn report be defective by
15		not containing sufficient information or be completed in error,
16		the notice of the suspension and disqualification shall not be
17		mailed to the person or entered to the driving record, but
18		rather the sworn report shall be returned to the issuing law
19		enforcement agency.
20		(e) A driver may contest this suspension of his or her
21		driving privileges and disqualification of his or her CDL
22		privileges by requesting an administrative hearing with the
23		Secretary in accordance with Section 2-118 of this Code. At the
24		conclusion of a hearing held under Section 2-118 of this Code,
25		the Secretary may rescind, continue, or modify the orders of
26		suspension and disqualification. If the Secretary does not

HB0313 Engrossed - 625 - LRB100 04130 SMS 14135 b
1		rescind the orders of suspension and disqualification, a
2		restricted driving permit may be granted by the Secretary upon
3		application being made and good cause shown. A restricted
4		driving permit may be granted to relieve undue hardship to
5		allow driving for employment, educational, and medical
6		purposes as outlined in Section 6-206 of this Code. The
7		provisions of Section 6-206 of this Code shall apply. In
8		accordance with 49 C.F.R. 384, the Secretary of State may not
9		issue a restricted driving permit for the operation of a
10		commercial motor vehicle to a person holding a CDL whose
11		driving privileges have been suspended, revoked, cancelled, or
12		disqualified.
13		(f) (Blank).
14		(g) For the purposes of this Section, a personal injury
15		shall include any type A injury as indicated on the traffic
16		accident report completed by a law enforcement officer that
17		requires immediate professional attention in either a doctor's
18		office or a medical facility. A type A injury shall include
19		severely bleeding wounds, distorted extremities, and injuries
20		that require the injured party to be carried from the scene.
21		(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
22		(625 ILCS 5/11-501.8)
23		Sec. 11-501.8. Suspension of driver's license; persons
24		under age 21.
25		(a) A person who is less than 21 years of age and who

HB0313 Engrossed - 626 - LRB100 04130 SMS 14135 b
1		drives or is in actual physical control of a motor vehicle upon
2		the public highways of this State shall be deemed to have given
3		consent to a chemical test or tests of blood, breath, other
4		bodily substance, or urine for the purpose of determining the
5		alcohol content of the person's blood if arrested, as evidenced
6		by the issuance of a Uniform Traffic Ticket for any violation
7		of the Illinois Vehicle Code or a similar provision of a local
8		ordinance, if a police officer has probable cause to believe
9		that the driver has consumed any amount of an alcoholic
10		beverage based upon evidence of the driver's physical condition
11		or other first hand knowledge of the police officer. The test
12		or tests shall be administered at the direction of the
13		arresting officer. The law enforcement agency employing the
14		officer shall designate which of the aforesaid tests shall be
15		administered. Up to 2 additional tests of urine or other bodily
16		substance may be administered even after a blood or breath test
17		or both has been administered.
18		(b) A person who is dead, unconscious, or who is otherwise
19		in a condition rendering that person incapable of refusal,
20		shall be deemed not to have withdrawn the consent provided by
21		paragraph (a) of this Section and the test or tests may be
22		administered subject to the following provisions:
23		(i) Chemical analysis of the person's blood, urine,
24		breath, or other bodily substance, to be considered valid
25		under the provisions of this Section, shall have been
26		performed according to standards promulgated by the

HB0313 Engrossed - 627 - LRB100 04130 SMS 14135 b
1		Department of State Police by an individual possessing a
2		valid permit issued by that Department for this purpose.
3		The Director of State Police is authorized to approve
4		satisfactory techniques or methods, to ascertain the
5		qualifications and competence of individuals to conduct
6		analyses, to issue permits that shall be subject to
7		termination or revocation at the direction of that
8		Department, and to certify the accuracy of breath testing
9		equipment. The Department of State Police shall prescribe
10		regulations as necessary.
11		(ii) When a person submits to a blood test at the
12		request of a law enforcement officer under the provisions
13		of this Section, only a physician authorized to practice
14		medicine, a licensed physician assistant, a licensed
15		advanced practice registered nurse, a registered nurse, or
16		other qualified person trained in venipuncture and acting
17		under the direction of a licensed physician may withdraw
18		blood for the purpose of determining the alcohol content
19		therein. This limitation does not apply to the taking of
20		breath, other bodily substance, or urine specimens.
21		(iii) The person tested may have a physician, qualified
22		technician, chemist, registered nurse, or other qualified
23		person of his or her own choosing administer a chemical
24		test or tests in addition to any test or tests administered
25		at the direction of a law enforcement officer. The failure
26		or inability to obtain an additional test by a person shall

HB0313 Engrossed - 628 - LRB100 04130 SMS 14135 b
1		not preclude the consideration of the previously performed
2		chemical test.
3		(iv) Upon a request of the person who submits to a
4		chemical test or tests at the request of a law enforcement
5		officer, full information concerning the test or tests
6		shall be made available to the person or that person's
7		attorney.
8		(v) Alcohol concentration means either grams of
9		alcohol per 100 milliliters of blood or grams of alcohol
10		per 210 liters of breath.
11		(vi) If a driver is receiving medical treatment as a
12		result of a motor vehicle accident, a physician licensed to
13		practice medicine, licensed physician assistant, licensed
14		advanced practice registered nurse, registered nurse, or
15		other qualified person trained in venipuncture and acting
16		under the direction of a licensed physician shall withdraw
17		blood for testing purposes to ascertain the presence of
18		alcohol upon the specific request of a law enforcement
19		officer. However, that testing shall not be performed
20		until, in the opinion of the medical personnel on scene,
21		the withdrawal can be made without interfering with or
22		endangering the well-being of the patient.
23		(c) A person requested to submit to a test as provided
24		above shall be warned by the law enforcement officer requesting
25		the test that a refusal to submit to the test, or submission to
26		the test resulting in an alcohol concentration of more than

HB0313 Engrossed - 629 - LRB100 04130 SMS 14135 b
1		0.00, may result in the loss of that person's privilege to
2		operate a motor vehicle and may result in the disqualification
3		of the person's privilege to operate a commercial motor
4		vehicle, as provided in Section 6-514 of this Code, if the
5		person is a CDL holder. The loss of driving privileges shall be
6		imposed in accordance with Section 6-208.2 of this Code.
7		A person requested to submit to a test shall also
8		acknowledge, in writing, receipt of the warning required under
9		this Section. If the person refuses to acknowledge receipt of
10		the warning, the law enforcement officer shall make a written
11		notation on the warning that the person refused to sign the
12		warning. A person's refusal to sign the warning shall not be
13		evidence that the person was not read the warning.
14		(d) If the person refuses testing or submits to a test that
15		discloses an alcohol concentration of more than 0.00, the law
16		enforcement officer shall immediately submit a sworn report to
17		the Secretary of State on a form prescribed by the Secretary of
18		State, certifying that the test or tests were requested under
19		subsection (a) and the person refused to submit to a test or
20		tests or submitted to testing which disclosed an alcohol
21		concentration of more than 0.00. The law enforcement officer
22		shall submit the same sworn report when a person under the age
23		of 21 submits to testing under Section 11-501.1 of this Code
24		and the testing discloses an alcohol concentration of more than
25		0.00 and less than 0.08.
26		Upon receipt of the sworn report of a law enforcement

HB0313 Engrossed - 630 - LRB100 04130 SMS 14135 b
1		officer, the Secretary of State shall enter the suspension and
2		disqualification on the individual's driving record and the
3		suspension and disqualification shall be effective on the 46th
4		day following the date notice of the suspension was given to
5		the person. If this suspension is the individual's first
6		driver's license suspension under this Section, reports
7		received by the Secretary of State under this Section shall,
8		except during the time the suspension is in effect, be
9		privileged information and for use only by the courts, police
10		officers, prosecuting authorities, the Secretary of State, or
11		the individual personally, unless the person is a CDL holder,
12		is operating a commercial motor vehicle or vehicle required to
13		be placarded for hazardous materials, in which case the
14		suspension shall not be privileged. Reports received by the
15		Secretary of State under this Section shall also be made
16		available to the parent or guardian of a person under the age
17		of 18 years that holds an instruction permit or a graduated
18		driver's license, regardless of whether the suspension is in
19		effect.
20		The law enforcement officer submitting the sworn report
21		shall serve immediate notice of this suspension on the person
22		and the suspension and disqualification shall be effective on
23		the 46th day following the date notice was given.
24		In cases where the blood alcohol concentration of more than
25		0.00 is established by a subsequent analysis of blood, other
26		bodily substance, or urine, the police officer or arresting

HB0313 Engrossed - 631 - LRB100 04130 SMS 14135 b
1		agency shall give notice as provided in this Section or by
2		deposit in the United States mail of that notice in an envelope
3		with postage prepaid and addressed to that person at his last
4		known address and the loss of driving privileges shall be
5		effective on the 46th day following the date notice was given.
6		Upon receipt of the sworn report of a law enforcement
7		officer, the Secretary of State shall also give notice of the
8		suspension and disqualification to the driver by mailing a
9		notice of the effective date of the suspension and
10		disqualification to the individual. However, should the sworn
11		report be defective by not containing sufficient information or
12		be completed in error, the notice of the suspension and
13		disqualification shall not be mailed to the person or entered
14		to the driving record, but rather the sworn report shall be
15		returned to the issuing law enforcement agency.
16		(e) A driver may contest this suspension and
17		disqualification by requesting an administrative hearing with
18		the Secretary of State in accordance with Section 2-118 of this
19		Code. An individual whose blood alcohol concentration is shown
20		to be more than 0.00 is not subject to this Section if he or she
21		consumed alcohol in the performance of a religious service or
22		ceremony. An individual whose blood alcohol concentration is
23		shown to be more than 0.00 shall not be subject to this Section
24		if the individual's blood alcohol concentration resulted only
25		from ingestion of the prescribed or recommended dosage of
26		medicine that contained alcohol. The petition for that hearing

HB0313 Engrossed - 632 - LRB100 04130 SMS 14135 b
1		shall not stay or delay the effective date of the impending
2		suspension. The scope of this hearing shall be limited to the
3		issues of:
4		(1) whether the police officer had probable cause to
5		believe that the person was driving or in actual physical
6		control of a motor vehicle upon the public highways of the
7		State and the police officer had reason to believe that the
8		person was in violation of any provision of the Illinois
9		Vehicle Code or a similar provision of a local ordinance;
10		and
11		(2) whether the person was issued a Uniform Traffic
12		Ticket for any violation of the Illinois Vehicle Code or a
13		similar provision of a local ordinance; and
14		(3) whether the police officer had probable cause to
15		believe that the driver had consumed any amount of an
16		alcoholic beverage based upon the driver's physical
17		actions or other first-hand knowledge of the police
18		officer; and
19		(4) whether the person, after being advised by the
20		officer that the privilege to operate a motor vehicle would
21		be suspended if the person refused to submit to and
22		complete the test or tests, did refuse to submit to or
23		complete the test or tests to determine the person's
24		alcohol concentration; and
25		(5) whether the person, after being advised by the
26		officer that the privileges to operate a motor vehicle

HB0313 Engrossed - 633 - LRB100 04130 SMS 14135 b
1		would be suspended if the person submits to a chemical test
2		or tests and the test or tests disclose an alcohol
3		concentration of more than 0.00, did submit to and complete
4		the test or tests that determined an alcohol concentration
5		of more than 0.00; and
6		(6) whether the test result of an alcohol concentration
7		of more than 0.00 was based upon the person's consumption
8		of alcohol in the performance of a religious service or
9		ceremony; and
10		(7) whether the test result of an alcohol concentration
11		of more than 0.00 was based upon the person's consumption
12		of alcohol through ingestion of the prescribed or
13		recommended dosage of medicine.
14		At the conclusion of the hearing held under Section 2-118
15		of this Code, the Secretary of State may rescind, continue, or
16		modify the suspension and disqualification. If the Secretary of
17		State does not rescind the suspension and disqualification, a
18		restricted driving permit may be granted by the Secretary of
19		State upon application being made and good cause shown. A
20		restricted driving permit may be granted to relieve undue
21		hardship by allowing driving for employment, educational, and
22		medical purposes as outlined in item (3) of part (c) of Section
23		6-206 of this Code. The provisions of item (3) of part (c) of
24		Section 6-206 of this Code and of subsection (f) of that
25		Section shall apply. The Secretary of State shall promulgate
26		rules providing for participation in an alcohol education and

HB0313 Engrossed - 634 - LRB100 04130 SMS 14135 b
1		awareness program or activity, a drug education and awareness
2		program or activity, or both as a condition to the issuance of
3		a restricted driving permit for suspensions imposed under this
4		Section.
5		(f) The results of any chemical testing performed in
6		accordance with subsection (a) of this Section are not
7		admissible in any civil or criminal proceeding, except that the
8		results of the testing may be considered at a hearing held
9		under Section 2-118 of this Code. However, the results of the
10		testing may not be used to impose driver's license sanctions
11		under Section 11-501.1 of this Code. A law enforcement officer
12		may, however, pursue a statutory summary suspension or
13		revocation of driving privileges under Section 11-501.1 of this
14		Code if other physical evidence or first hand knowledge forms
15		the basis of that suspension or revocation.
16		(g) This Section applies only to drivers who are under age
17		21 at the time of the issuance of a Uniform Traffic Ticket for
18		a violation of the Illinois Vehicle Code or a similar provision
19		of a local ordinance, and a chemical test request is made under
20		this Section.
21		(h) The action of the Secretary of State in suspending,
22		revoking, cancelling, or disqualifying any license or permit
23		shall be subject to judicial review in the Circuit Court of
24		Sangamon County or in the Circuit Court of Cook County, and the
25		provisions of the Administrative Review Law and its rules are
26		hereby adopted and shall apply to and govern every action for

HB0313 Engrossed - 635 - LRB100 04130 SMS 14135 b
1		the judicial review of final acts or decisions of the Secretary
2		of State under this Section.
3		(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
4		(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
5		Sec. 11-1301.2. Special decals for parking; persons with
6		disabilities.
7		(a) The Secretary of State shall provide for, by
8		administrative rules, the design, size, color, and placement of
9		a person with disabilities motorist decal or device and shall
10		provide for, by administrative rules, the content and form of
11		an application for a person with disabilities motorist decal or
12		device, which shall be used by local authorities in the
13		issuance thereof to a person with temporary disabilities,
14		provided that the decal or device is valid for no more than 90
15		days, subject to renewal for like periods based upon continued
16		disability, and further provided that the decal or device
17		clearly sets forth the date that the decal or device expires.
18		The application shall include the requirement of an Illinois
19		Identification Card number or a State of Illinois driver's
20		license number. This decal or device may be used by the
21		authorized holder to designate and identify a vehicle not owned
22		or displaying a registration plate as provided in Sections
23		3-609 and 3-616 of this Act to designate when the vehicle is
24		being used to transport said person or persons with
25		disabilities, and thus is entitled to enjoy all the privileges

HB0313 Engrossed - 636 - LRB100 04130 SMS 14135 b
1		that would be afforded a person with disabilities licensed
2		vehicle. Person with disabilities decals or devices issued and
3		displayed pursuant to this Section shall be recognized and
4		honored by all local authorities regardless of which local
5		authority issued such decal or device.
6		The decal or device shall be issued only upon a showing by
7		adequate documentation that the person for whose benefit the
8		decal or device is to be used has a disability as defined in
9		Section 1-159.1 of this Code and the disability is temporary.
10		(b) The local governing authorities shall be responsible
11		for the provision of such decal or device, its issuance and
12		designated placement within the vehicle. The cost of such decal
13		or device shall be at the discretion of such local governing
14		authority.
15		(c) The Secretary of State may, pursuant to Section
16		3-616(c), issue a person with disabilities parking decal or
17		device to a person with disabilities as defined by Section
18		1-159.1. Any person with disabilities parking decal or device
19		issued by the Secretary of State shall be registered to that
20		person with disabilities in the form to be prescribed by the
21		Secretary of State. The person with disabilities parking decal
22		or device shall not display that person's address. One
23		additional decal or device may be issued to an applicant upon
24		his or her written request and with the approval of the
25		Secretary of State. The written request must include a
26		justification of the need for the additional decal or device.

HB0313 Engrossed - 637 - LRB100 04130 SMS 14135 b
1		(c-5) Beginning January 1, 2014, the Secretary shall
2		provide by administrative rule for the issuance of a separate
3		and distinct parking decal or device for persons with
4		disabilities as defined by Section 1-159.1 of this Code and who
5		meet the qualifications under this subsection. The authorized
6		holder of a decal or device issued under this subsection (c-5)
7		shall be exempt from the payment of fees generated by parking
8		in a metered space, a parking area subject to paragraph (10) of
9		subsection (a) of Section 11-209 of this Code, or a publicly
10		owned parking area.
11		The Secretary shall issue a meter-exempt decal or device to
12		a person with disabilities who: (i) has been issued
13		registration plates under subsection (a) of Section 3-609 or
14		Section 3-616 of this Code or a special decal or device under
15		this Section, (ii) holds a valid Illinois driver's license, and
16		(iii) is unable to do one or more of the following:
17		(1) manage, manipulate, or insert coins, or obtain
18		tickets or tokens in parking meters or ticket machines in
19		parking lots, due to the lack of fine motor control of both
20		hands;
21		(2) reach above his or her head to a height of 42
22		inches from the ground, due to a lack of finger, hand, or
23		upper extremity strength or mobility;
24		(3) approach a parking meter due to his or her use of a
25		wheelchair or other device for mobility; or
26		(4) walk more than 20 feet due to an orthopedic,

HB0313 Engrossed - 638 - LRB100 04130 SMS 14135 b
1		neurological, cardiovascular, or lung condition in which
2		the degree of debilitation is so severe that it almost
3		completely impedes the ability to walk.
4		The application for a meter-exempt parking decal or device
5		shall contain a statement certified by a licensed physician,
6		physician assistant, or advanced practice registered nurse
7		attesting to the permanent nature of the applicant's condition
8		and verifying that the applicant meets the physical
9		qualifications specified in this subsection (c-5).
10		Notwithstanding the requirements of this subsection (c-5),
11		the Secretary shall issue a meter-exempt decal or device to a
12		person who has been issued registration plates under Section
13		3-616 of this Code or a special decal or device under this
14		Section, if the applicant is the parent or guardian of a person
15		with disabilities who is under 18 years of age and incapable of
16		driving.
17		(d) Replacement decals or devices may be issued for lost,
18		stolen, or destroyed decals upon application and payment of a
19		$10 fee. The replacement fee may be waived for individuals that
20		have claimed and received a grant under the Senior Citizens and
21		Persons with Disabilities Property Tax Relief Act.
22		(e) A person classified as a veteran under subsection (e)
23		of Section 6-106 of this Code that has been issued a decal or
24		device under this Section shall not be required to submit
25		evidence of disability in order to renew that decal or device
26		if, at the time of initial application, he or she submitted

HB0313 Engrossed - 639 - LRB100 04130 SMS 14135 b
1		evidence from his or her physician or the Department of
2		Veterans' Affairs that the disability is of a permanent nature.
3		However, the Secretary shall take reasonable steps to ensure
4		the veteran still resides in this State at the time of the
5		renewal. These steps may include requiring the veteran to
6		provide additional documentation or to appear at a Secretary of
7		State facility. To identify veterans who are eligible for this
8		exemption, the Secretary shall compare the list of the persons
9		who have been issued a decal or device to the list of persons
10		who have been issued a vehicle registration plate for veterans
11		with disabilities under Section 3-609 of this Code, or who are
12		identified as a veteran on their driver's license under Section
13		6-110 of this Code or on their identification card under
14		Section 4 of the Illinois Identification Card Act.
15		(Source: P.A. 98-463, eff. 8-16-13; 98-577, eff. 1-1-14;
16		98-879, eff. 1-1-15; 99-143, eff. 7-27-15.)
17		(625 ILCS 5/11-1301.5)
18		Sec. 11-1301.5. Fictitious or unlawfully altered
19		disability license plate or parking decal or device.
20		(a) As used in this Section:
21		"Fictitious disability license plate or parking decal or
22		device" means any issued disability license plate or parking
23		decal or device, or any license plate issued to a veteran with
24		a disability under Section 3-609 of this Code, that has been
25		issued by the Secretary of State or an authorized unit of local

HB0313 Engrossed - 640 - LRB100 04130 SMS 14135 b
1		government that was issued based upon false information
2		contained on the required application.
3		"False information" means any incorrect or inaccurate
4		information concerning the name, date of birth, social security
5		number, driver's license number, physician certification, or
6		any other information required on the Persons with Disabilities
7		Certification for Plate or Parking Placard, on the Application
8		for Replacement Disability Parking Placard, or on the
9		application for license plates issued to veterans with
10		disabilities under Section 3-609 of this Code, that falsifies
11		the content of the application.
12		"Unlawfully altered disability license plate or parking
13		permit or device" means any disability license plate or parking
14		permit or device, or any license plate issued to a veteran with
15		a disability under Section 3-609 of this Code, issued by the
16		Secretary of State or an authorized unit of local government
17		that has been physically altered or changed in such manner that
18		false information appears on the license plate or parking decal
19		or device.
20		"Authorized holder" means an individual issued a
21		disability license plate under Section 3-616 of this Code or an
22		individual issued a parking decal or device under Section
23		11-1301.2 of this Code, or an individual issued a license plate
24		for veterans with disabilities under Section 3-609 of this
25		Code.
26		(b) It is a violation of this Section for any person:

HB0313 Engrossed - 641 - LRB100 04130 SMS 14135 b
1		(1) to knowingly possess any fictitious or unlawfully
2		altered disability license plate or parking decal or
3		device;
4		(2) to knowingly issue or assist in the issuance of, by
5		the Secretary of State or unit of local government, any
6		fictitious disability license plate or parking decal or
7		device;
8		(3) to knowingly alter any disability license plate or
9		parking decal or device;
10		(4) to knowingly manufacture, possess, transfer, or
11		provide any documentation used in the application process
12		whether real or fictitious, for the purpose of obtaining a
13		fictitious disability license plate or parking decal or
14		device;
15		(5) to knowingly provide any false information to the
16		Secretary of State or a unit of local government in order
17		to obtain a disability license plate or parking decal or
18		device;
19		(6) to knowingly transfer a disability license plate or
20		parking decal or device for the purpose of exercising the
21		privileges granted to an authorized holder of a disability
22		license plate or parking decal or device under this Code in
23		the absence of the authorized holder; or
24		(7) who is a physician, physician assistant, or
25		advanced practice registered nurse to knowingly falsify a
26		certification that a person is a person with disabilities

HB0313 Engrossed - 642 - LRB100 04130 SMS 14135 b
1		as defined by Section 1-159.1 of this Code.
2		(c) Sentence.
3		(1) Any person convicted of a violation of paragraph
4		(1), (2), (3), (4), (5), or (7) of subsection (b) of this
5		Section shall be guilty of a Class A misdemeanor and fined
6		not less than $1,000 for a first offense and shall be
7		guilty of a Class 4 felony and fined not less than $2,000
8		for a second or subsequent offense. Any person convicted of
9		a violation of subdivision (b)(6) of this Section is guilty
10		of a Class A misdemeanor and shall be fined not less than
11		$1,000 for a first offense and not less than $2,000 for a
12		second or subsequent offense. The circuit clerk shall
13		distribute one-half of any fine imposed on any person who
14		is found guilty of or pleads guilty to violating this
15		Section, including any person placed on court supervision
16		for violating this Section, to the law enforcement agency
17		that issued the citation or made the arrest. If more than
18		one law enforcement agency is responsible for issuing the
19		citation or making the arrest, one-half of the fine imposed
20		shall be shared equally.
21		(2) Any person who commits a violation of this Section
22		or a similar provision of a local ordinance may have his or
23		her driving privileges suspended or revoked by the
24		Secretary of State for a period of time determined by the
25		Secretary of State. The Secretary of State may suspend or
26		revoke the parking decal or device or the disability

HB0313 Engrossed - 643 - LRB100 04130 SMS 14135 b
1		license plate of any person who commits a violation of this
2		Section.
3		(3) Any police officer may seize the parking decal or
4		device from any person who commits a violation of this
5		Section. Any police officer may seize the disability
6		license plate upon authorization from the Secretary of
7		State. Any police officer may request that the Secretary of
8		State revoke the parking decal or device or the disability
9		license plate of any person who commits a violation of this
10		Section.
11		(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
12		Section 310. The Boat Registration and Safety Act is
13		amended by changing Section 5-16c as follows:
14		(625 ILCS 45/5-16c)
15		Sec. 5-16c. Operator involvement in personal injury or
16		fatal boating accident; chemical tests.
17		(a) Any person who operates or is in actual physical
18		control of a motorboat within this State and who has been
19		involved in a personal injury or fatal boating accident shall
20		be deemed to have given consent to a breath test using a
21		portable device as approved by the Department of State Police
22		or to a chemical test or tests of blood, breath, other bodily
23		substance, or urine for the purpose of determining the content
24		of alcohol, other drug or drugs, or intoxicating compound or

HB0313 Engrossed - 644 - LRB100 04130 SMS 14135 b
1		compounds of the person's blood if arrested as evidenced by the
2		issuance of a uniform citation for a violation of the Boat
3		Registration and Safety Act or a similar provision of a local
4		ordinance, with the exception of equipment violations
5		contained in Article IV of this Act or similar provisions of
6		local ordinances. The test or tests shall be administered at
7		the direction of the arresting officer. The law enforcement
8		agency employing the officer shall designate which of the
9		aforesaid tests shall be administered. Up to 2 additional tests
10		of urine or other bodily substance may be administered even
11		after a blood or breath test or both has been administered.
12		Compliance with this Section does not relieve the person from
13		the requirements of any other Section of this Act.
14		(b) Any person who is dead, unconscious, or who is
15		otherwise in a condition rendering that person incapable of
16		refusal shall be deemed not to have withdrawn the consent
17		provided by subsection (a) of this Section. In addition, if an
18		operator of a motorboat is receiving medical treatment as a
19		result of a boating accident, any physician licensed to
20		practice medicine, licensed physician assistant, licensed
21		advanced practice registered nurse, registered nurse, or a
22		phlebotomist acting under the direction of a licensed physician
23		shall withdraw blood for testing purposes to ascertain the
24		presence of alcohol, other drug or drugs, or intoxicating
25		compound or compounds, upon the specific request of a law
26		enforcement officer. However, this testing shall not be

HB0313 Engrossed - 645 - LRB100 04130 SMS 14135 b
1		performed until, in the opinion of the medical personnel on
2		scene, the withdrawal can be made without interfering with or
3		endangering the well-being of the patient.
4		(c) A person who is a CDL holder requested to submit to a
5		test under subsection (a) of this Section shall be warned by
6		the law enforcement officer requesting the test that a refusal
7		to submit to the test, or submission to the test resulting in
8		an alcohol concentration of 0.08 or more, or any amount of a
9		drug, substance, or intoxicating compound resulting from the
10		unlawful use or consumption of cannabis listed in the Cannabis
11		Control Act, a controlled substance listed in the Illinois
12		Controlled Substances Act, an intoxicating compound listed in
13		the Use of Intoxicating Compounds Act, or methamphetamine as
14		listed in the Methamphetamine Control and Community Protection
15		Act as detected in the person's blood, other bodily substance,
16		or urine, may result in the suspension of the person's
17		privilege to operate a motor vehicle and may result in the
18		disqualification of the person's privilege to operate a
19		commercial motor vehicle, as provided in Section 6-514 of the
20		Illinois Vehicle Code. A person who is not a CDL holder
21		requested to submit to a test under subsection (a) of this
22		Section shall be warned by the law enforcement officer
23		requesting the test that a refusal to submit to the test, or
24		submission to the test resulting in an alcohol concentration of
25		0.08 or more, a tetrahydrocannabinol concentration in the
26		person's whole blood or other bodily substance as defined in

HB0313 Engrossed - 646 - LRB100 04130 SMS 14135 b
1		paragraph 6 of subsection (a) of Section 11-501.2 of the
2		Illinois Vehicle Code, or any amount of a drug, substance, or
3		intoxicating compound resulting from the unlawful use or
4		consumption of a controlled substance listed in the Illinois
5		Controlled Substances Act, an intoxicating compound listed in
6		the Use of Intoxicating Compounds Act, or methamphetamine as
7		listed in the Methamphetamine Control and Community Protection
8		Act as detected in the person's blood, other bodily substance,
9		or urine, may result in the suspension of the person's
10		privilege to operate a motor vehicle. The length of the
11		suspension shall be the same as outlined in Section 6-208.1 of
12		the Illinois Vehicle Code regarding statutory summary
13		suspensions.
14		(d) If the person is a CDL holder and refuses testing or
15		submits to a test which discloses an alcohol concentration of
16		0.08 or more, or any amount of a drug, substance, or
17		intoxicating compound in the person's blood, other bodily
18		substance, or urine resulting from the unlawful use or
19		consumption of cannabis listed in the Cannabis Control Act, a
20		controlled substance listed in the Illinois Controlled
21		Substances Act, an intoxicating compound listed in the Use of
22		Intoxicating Compounds Act, or methamphetamine as listed in the
23		Methamphetamine Control and Community Protection Act, the law
24		enforcement officer shall immediately submit a sworn report to
25		the Secretary of State on a form prescribed by the Secretary of
26		State, certifying that the test or tests were requested under

HB0313 Engrossed - 647 - LRB100 04130 SMS 14135 b
1		subsection (a) of this Section and the person refused to submit
2		to a test or tests or submitted to testing which disclosed an
3		alcohol concentration of 0.08 or more, or any amount of a drug,
4		substance, or intoxicating compound in the person's blood,
5		other bodily substance, or urine, resulting from the unlawful
6		use or consumption of cannabis listed in the Cannabis Control
7		Act, a controlled substance listed in the Illinois Controlled
8		Substances Act, an intoxicating compound listed in the Use of
9		Intoxicating Compounds Act, or methamphetamine as listed in the
10		Methamphetamine Control and Community Protection Act. If the
11		person is not a CDL holder and refuses testing or submits to a
12		test which discloses an alcohol concentration of 0.08 or more,
13		a tetrahydrocannabinol concentration in the person's whole
14		blood or other bodily substance as defined in paragraph 6 of
15		subsection (a) of Section 11-501.2 of the Illinois Vehicle
16		Code, or any amount of a drug, substance, or intoxicating
17		compound in the person's blood, other bodily substance, or
18		urine resulting from the unlawful use or consumption of a
19		controlled substance listed in the Illinois Controlled
20		Substances Act, an intoxicating compound listed in the Use of
21		Intoxicating Compounds Act, or methamphetamine as listed in the
22		Methamphetamine Control and Community Protection Act, the law
23		enforcement officer shall immediately submit a sworn report to
24		the Secretary of State on a form prescribed by the Secretary of
25		State, certifying that the test or tests were requested under
26		subsection (a) of this Section and the person refused to submit

HB0313 Engrossed - 648 - LRB100 04130 SMS 14135 b
1		to a test or tests or submitted to testing which disclosed an
2		alcohol concentration of 0.08 or more, a tetrahydrocannabinol
3		concentration in the person's whole blood or other bodily
4		substance as defined in paragraph 6 of subsection (a) of
5		Section 11-501.2 of the Illinois Vehicle Code, or any amount of
6		a drug, substance, or intoxicating compound in the person's
7		blood or urine, resulting from the unlawful use or consumption
8		of a controlled substance listed in the Illinois Controlled
9		Substances Act, an intoxicating compound listed in the Use of
10		Intoxicating Compounds Act, or methamphetamine as listed in the
11		Methamphetamine Control and Community Protection Act.
12		Upon receipt of the sworn report of a law enforcement
13		officer, the Secretary of State shall enter the suspension and
14		disqualification to the person's driving record and the
15		suspension and disqualification shall be effective on the 46th
16		day following the date notice of the suspension was given to
17		the person.
18		The law enforcement officer submitting the sworn report
19		shall serve immediate notice of this suspension on the person
20		and this suspension and disqualification shall be effective on
21		the 46th day following the date notice was given.
22		In cases involving a person who is a CDL holder where the
23		blood alcohol concentration of 0.08 or more, or any amount of a
24		drug, substance, or intoxicating compound resulting from the
25		unlawful use or consumption of cannabis listed in the Cannabis
26		Control Act, a controlled substance listed in the Illinois

HB0313 Engrossed - 649 - LRB100 04130 SMS 14135 b
1		Controlled Substances Act, an intoxicating compound listed in
2		the Use of Intoxicating Compounds Act, or methamphetamine as
3		listed in the Methamphetamine Control and Community Protection
4		Act, is established by a subsequent analysis of blood, other
5		bodily substance, or urine collected at the time of arrest, the
6		arresting officer shall give notice as provided in this Section
7		or by deposit in the United States mail of this notice in an
8		envelope with postage prepaid and addressed to the person at
9		his or her address as shown on the uniform citation and the
10		suspension and disqualification shall be effective on the 46th
11		day following the date notice was given. In cases involving a
12		person who is not a CDL holder where the blood alcohol
13		concentration of 0.08 or more, a tetrahydrocannabinol
14		concentration in the person's whole blood or other bodily
15		substance as defined in paragraph 6 of subsection (a) of
16		Section 11-501.2 of the Illinois Vehicle Code, or any amount of
17		a drug, substance, or intoxicating compound resulting from the
18		unlawful use or consumption of a controlled substance listed in
19		the Illinois Controlled Substances Act, an intoxicating
20		compound listed in the Use of Intoxicating Compounds Act, or
21		methamphetamine as listed in the Methamphetamine Control and
22		Community Protection Act, is established by a subsequent
23		analysis of blood, other bodily substance, or urine collected
24		at the time of arrest, the arresting officer shall give notice
25		as provided in this Section or by deposit in the United States
26		mail of this notice in an envelope with postage prepaid and

HB0313 Engrossed - 650 - LRB100 04130 SMS 14135 b
1		addressed to the person at his or her address as shown on the
2		uniform citation and the suspension shall be effective on the
3		46th day following the date notice was given.
4		Upon receipt of the sworn report of a law enforcement
5		officer, the Secretary of State shall also give notice of the
6		suspension and disqualification to the person by mailing a
7		notice of the effective date of the suspension and
8		disqualification to the person. However, should the sworn
9		report be defective by not containing sufficient information or
10		be completed in error, the notice of the suspension and
11		disqualification shall not be mailed to the person or entered
12		to the driving record, but rather the sworn report shall be
13		returned to the issuing law enforcement agency.
14		(e) A person may contest this suspension of his or her
15		driving privileges and disqualification of his or her CDL
16		privileges by requesting an administrative hearing with the
17		Secretary of State in accordance with Section 2-118 of the
18		Illinois Vehicle Code. At the conclusion of a hearing held
19		under Section 2-118 of the Illinois Vehicle Code, the Secretary
20		of State may rescind, continue, or modify the orders of
21		suspension and disqualification. If the Secretary of State does
22		not rescind the orders of suspension and disqualification, a
23		restricted driving permit may be granted by the Secretary of
24		State upon application being made and good cause shown. A
25		restricted driving permit may be granted to relieve undue
26		hardship to allow driving for employment, educational, and

HB0313 Engrossed - 651 - LRB100 04130 SMS 14135 b
1		medical purposes as outlined in Section 6-206 of the Illinois
2		Vehicle Code. The provisions of Section 6-206 of the Illinois
3		Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the
4		Secretary of State may not issue a restricted driving permit
5		for the operation of a commercial motor vehicle to a person
6		holding a CDL whose driving privileges have been suspended,
7		revoked, cancelled, or disqualified.
8		(f) For the purposes of this Section, a personal injury
9		shall include any type A injury as indicated on the accident
10		report completed by a law enforcement officer that requires
11		immediate professional attention in a doctor's office or a
12		medical facility. A type A injury shall include severely
13		bleeding wounds, distorted extremities, and injuries that
14		require the injured party to be carried from the scene.
15		(Source: P.A. 98-103, eff. 1-1-14; 99-697, eff. 7-29-16.)
16		Section 315. The Criminal Code of 2012 is amended by
17		changing Section 9-1 as follows:
18		(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
19		Sec. 9-1. First degree Murder - Death penalties -
20		Exceptions - Separate Hearings - Proof - Findings - Appellate
21		procedures - Reversals.
22		(a) A person who kills an individual without lawful
23		justification commits first degree murder if, in performing the
24		acts which cause the death:

HB0313 Engrossed - 652 - LRB100 04130 SMS 14135 b
1		(1) he either intends to kill or do great bodily harm
2		to that individual or another, or knows that such acts will
3		cause death to that individual or another; or
4		(2) he knows that such acts create a strong probability
5		of death or great bodily harm to that individual or
6		another; or
7		(3) he is attempting or committing a forcible felony
8		other than second degree murder.
9		(b) Aggravating Factors. A defendant who at the time of the
10		commission of the offense has attained the age of 18 or more
11		and who has been found guilty of first degree murder may be
12		sentenced to death if:
13		(1) the murdered individual was a peace officer or
14		fireman killed in the course of performing his official
15		duties, to prevent the performance of his official duties,
16		or in retaliation for performing his official duties, and
17		the defendant knew or should have known that the murdered
18		individual was a peace officer or fireman; or
19		(2) the murdered individual was an employee of an
20		institution or facility of the Department of Corrections,
21		or any similar local correctional agency, killed in the
22		course of performing his official duties, to prevent the
23		performance of his official duties, or in retaliation for
24		performing his official duties, or the murdered individual
25		was an inmate at such institution or facility and was
26		killed on the grounds thereof, or the murdered individual

HB0313 Engrossed - 653 - LRB100 04130 SMS 14135 b
1		was otherwise present in such institution or facility with
2		the knowledge and approval of the chief administrative
3		officer thereof; or
4		(3) the defendant has been convicted of murdering two
5		or more individuals under subsection (a) of this Section or
6		under any law of the United States or of any state which is
7		substantially similar to subsection (a) of this Section
8		regardless of whether the deaths occurred as the result of
9		the same act or of several related or unrelated acts so
10		long as the deaths were the result of either an intent to
11		kill more than one person or of separate acts which the
12		defendant knew would cause death or create a strong
13		probability of death or great bodily harm to the murdered
14		individual or another; or
15		(4) the murdered individual was killed as a result of
16		the hijacking of an airplane, train, ship, bus or other
17		public conveyance; or
18		(5) the defendant committed the murder pursuant to a
19		contract, agreement or understanding by which he was to
20		receive money or anything of value in return for committing
21		the murder or procured another to commit the murder for
22		money or anything of value; or
23		(6) the murdered individual was killed in the course of
24		another felony if:
25		(a) the murdered individual:
26		(i) was actually killed by the defendant, or

HB0313 Engrossed - 654 - LRB100 04130 SMS 14135 b
1		(ii) received physical injuries personally
2		inflicted by the defendant substantially
3		contemporaneously with physical injuries caused by
4		one or more persons for whose conduct the defendant
5		is legally accountable under Section 5-2 of this
6		Code, and the physical injuries inflicted by
7		either the defendant or the other person or persons
8		for whose conduct he is legally accountable caused
9		the death of the murdered individual; and
10		(b) in performing the acts which caused the death
11		of the murdered individual or which resulted in
12		physical injuries personally inflicted by the
13		defendant on the murdered individual under the
14		circumstances of subdivision (ii) of subparagraph (a)
15		of paragraph (6) of subsection (b) of this Section, the
16		defendant acted with the intent to kill the murdered
17		individual or with the knowledge that his acts created
18		a strong probability of death or great bodily harm to
19		the murdered individual or another; and
20		(c) the other felony was an inherently violent
21		crime or the attempt to commit an inherently violent
22		crime. In this subparagraph (c), "inherently violent
23		crime" includes, but is not limited to, armed robbery,
24		robbery, predatory criminal sexual assault of a child,
25		aggravated criminal sexual assault, aggravated
26		kidnapping, aggravated vehicular hijacking, aggravated

HB0313 Engrossed - 655 - LRB100 04130 SMS 14135 b
1		arson, aggravated stalking, residential burglary, and
2		home invasion; or
3		(7) the murdered individual was under 12 years of age
4		and the death resulted from exceptionally brutal or heinous
5		behavior indicative of wanton cruelty; or
6		(8) the defendant committed the murder with intent to
7		prevent the murdered individual from testifying or
8		participating in any criminal investigation or prosecution
9		or giving material assistance to the State in any
10		investigation or prosecution, either against the defendant
11		or another; or the defendant committed the murder because
12		the murdered individual was a witness in any prosecution or
13		gave material assistance to the State in any investigation
14		or prosecution, either against the defendant or another;
15		for purposes of this paragraph (8), "participating in any
16		criminal investigation or prosecution" is intended to
17		include those appearing in the proceedings in any capacity
18		such as trial judges, prosecutors, defense attorneys,
19		investigators, witnesses, or jurors; or
20		(9) the defendant, while committing an offense
21		punishable under Sections 401, 401.1, 401.2, 405, 405.2,
22		407 or 407.1 or subsection (b) of Section 404 of the
23		Illinois Controlled Substances Act, or while engaged in a
24		conspiracy or solicitation to commit such offense,
25		intentionally killed an individual or counseled,
26		commanded, induced, procured or caused the intentional

HB0313 Engrossed - 656 - LRB100 04130 SMS 14135 b
1		killing of the murdered individual; or
2		(10) the defendant was incarcerated in an institution
3		or facility of the Department of Corrections at the time of
4		the murder, and while committing an offense punishable as a
5		felony under Illinois law, or while engaged in a conspiracy
6		or solicitation to commit such offense, intentionally
7		killed an individual or counseled, commanded, induced,
8		procured or caused the intentional killing of the murdered
9		individual; or
10		(11) the murder was committed in a cold, calculated and
11		premeditated manner pursuant to a preconceived plan,
12		scheme or design to take a human life by unlawful means,
13		and the conduct of the defendant created a reasonable
14		expectation that the death of a human being would result
15		therefrom; or
16		(12) the murdered individual was an emergency medical
17		technician - ambulance, emergency medical technician -
18		intermediate, emergency medical technician - paramedic,
19		ambulance driver, or other medical assistance or first aid
20		personnel, employed by a municipality or other
21		governmental unit, killed in the course of performing his
22		official duties, to prevent the performance of his official
23		duties, or in retaliation for performing his official
24		duties, and the defendant knew or should have known that
25		the murdered individual was an emergency medical
26		technician - ambulance, emergency medical technician -

HB0313 Engrossed - 657 - LRB100 04130 SMS 14135 b
1		intermediate, emergency medical technician - paramedic,
2		ambulance driver, or other medical assistance or first aid
3		personnel; or
4		(13) the defendant was a principal administrator,
5		organizer, or leader of a calculated criminal drug
6		conspiracy consisting of a hierarchical position of
7		authority superior to that of all other members of the
8		conspiracy, and the defendant counseled, commanded,
9		induced, procured, or caused the intentional killing of the
10		murdered person; or
11		(14) the murder was intentional and involved the
12		infliction of torture. For the purpose of this Section
13		torture means the infliction of or subjection to extreme
14		physical pain, motivated by an intent to increase or
15		prolong the pain, suffering or agony of the victim; or
16		(15) the murder was committed as a result of the
17		intentional discharge of a firearm by the defendant from a
18		motor vehicle and the victim was not present within the
19		motor vehicle; or
20		(16) the murdered individual was 60 years of age or
21		older and the death resulted from exceptionally brutal or
22		heinous behavior indicative of wanton cruelty; or
23		(17) the murdered individual was a person with a
24		disability and the defendant knew or should have known that
25		the murdered individual was a person with a disability. For
26		purposes of this paragraph (17), "person with a disability"

HB0313 Engrossed - 658 - LRB100 04130 SMS 14135 b
1		means a person who suffers from a permanent physical or
2		mental impairment resulting from disease, an injury, a
3		functional disorder, or a congenital condition that
4		renders the person incapable of adequately providing for
5		his or her own health or personal care; or
6		(18) the murder was committed by reason of any person's
7		activity as a community policing volunteer or to prevent
8		any person from engaging in activity as a community
9		policing volunteer; or
10		(19) the murdered individual was subject to an order of
11		protection and the murder was committed by a person against
12		whom the same order of protection was issued under the
13		Illinois Domestic Violence Act of 1986; or
14		(20) the murdered individual was known by the defendant
15		to be a teacher or other person employed in any school and
16		the teacher or other employee is upon the grounds of a
17		school or grounds adjacent to a school, or is in any part
18		of a building used for school purposes; or
19		(21) the murder was committed by the defendant in
20		connection with or as a result of the offense of terrorism
21		as defined in Section 29D-14.9 of this Code.
22		(b-5) Aggravating Factor; Natural Life Imprisonment. A
23		defendant who has been found guilty of first degree murder and
24		who at the time of the commission of the offense had attained
25		the age of 18 years or more may be sentenced to natural life
26		imprisonment if (i) the murdered individual was a physician,

HB0313 Engrossed - 659 - LRB100 04130 SMS 14135 b
1		physician assistant, psychologist, nurse, or advanced practice
2		registered nurse, (ii) the defendant knew or should have known
3		that the murdered individual was a physician, physician
4		assistant, psychologist, nurse, or advanced practice
5		registered nurse, and (iii) the murdered individual was killed
6		in the course of acting in his or her capacity as a physician,
7		physician assistant, psychologist, nurse, or advanced practice
8		registered nurse, or to prevent him or her from acting in that
9		capacity, or in retaliation for his or her acting in that
10		capacity.
11		(c) Consideration of factors in Aggravation and
12		Mitigation.
13		The court shall consider, or shall instruct the jury to
14		consider any aggravating and any mitigating factors which are
15		relevant to the imposition of the death penalty. Aggravating
16		factors may include but need not be limited to those factors
17		set forth in subsection (b). Mitigating factors may include but
18		need not be limited to the following:
19		(1) the defendant has no significant history of prior
20		criminal activity;
21		(2) the murder was committed while the defendant was
22		under the influence of extreme mental or emotional
23		disturbance, although not such as to constitute a defense
24		to prosecution;
25		(3) the murdered individual was a participant in the
26		defendant's homicidal conduct or consented to the

HB0313 Engrossed - 660 - LRB100 04130 SMS 14135 b
1		homicidal act;
2		(4) the defendant acted under the compulsion of threat
3		or menace of the imminent infliction of death or great
4		bodily harm;
5		(5) the defendant was not personally present during
6		commission of the act or acts causing death;
7		(6) the defendant's background includes a history of
8		extreme emotional or physical abuse;
9		(7) the defendant suffers from a reduced mental
10		capacity.
11		(d) Separate sentencing hearing.
12		Where requested by the State, the court shall conduct a
13		separate sentencing proceeding to determine the existence of
14		factors set forth in subsection (b) and to consider any
15		aggravating or mitigating factors as indicated in subsection
16		(c). The proceeding shall be conducted:
17		(1) before the jury that determined the defendant's
18		guilt; or
19		(2) before a jury impanelled for the purpose of the
20		proceeding if:
21		A. the defendant was convicted upon a plea of
22		guilty; or
23		B. the defendant was convicted after a trial before
24		the court sitting without a jury; or
25		C. the court for good cause shown discharges the
26		jury that determined the defendant's guilt; or

HB0313 Engrossed - 661 - LRB100 04130 SMS 14135 b
1		(3) before the court alone if the defendant waives a
2		jury for the separate proceeding.
3		(e) Evidence and Argument.
4		During the proceeding any information relevant to any of
5		the factors set forth in subsection (b) may be presented by
6		either the State or the defendant under the rules governing the
7		admission of evidence at criminal trials. Any information
8		relevant to any additional aggravating factors or any
9		mitigating factors indicated in subsection (c) may be presented
10		by the State or defendant regardless of its admissibility under
11		the rules governing the admission of evidence at criminal
12		trials. The State and the defendant shall be given fair
13		opportunity to rebut any information received at the hearing.
14		(f) Proof.
15		The burden of proof of establishing the existence of any of
16		the factors set forth in subsection (b) is on the State and
17		shall not be satisfied unless established beyond a reasonable
18		doubt.
19		(g) Procedure - Jury.
20		If at the separate sentencing proceeding the jury finds
21		that none of the factors set forth in subsection (b) exists,
22		the court shall sentence the defendant to a term of
23		imprisonment under Chapter V of the Unified Code of
24		Corrections. If there is a unanimous finding by the jury that
25		one or more of the factors set forth in subsection (b) exist,
26		the jury shall consider aggravating and mitigating factors as

HB0313 Engrossed - 662 - LRB100 04130 SMS 14135 b
1		instructed by the court and shall determine whether the
2		sentence of death shall be imposed. If the jury determines
3		unanimously, after weighing the factors in aggravation and
4		mitigation, that death is the appropriate sentence, the court
5		shall sentence the defendant to death. If the court does not
6		concur with the jury determination that death is the
7		appropriate sentence, the court shall set forth reasons in
8		writing including what facts or circumstances the court relied
9		upon, along with any relevant documents, that compelled the
10		court to non-concur with the sentence. This document and any
11		attachments shall be part of the record for appellate review.
12		The court shall be bound by the jury's sentencing
13		determination.
14		If after weighing the factors in aggravation and
15		mitigation, one or more jurors determines that death is not the
16		appropriate sentence, the court shall sentence the defendant to
17		a term of imprisonment under Chapter V of the Unified Code of
18		Corrections.
19		(h) Procedure - No Jury.
20		In a proceeding before the court alone, if the court finds
21		that none of the factors found in subsection (b) exists, the
22		court shall sentence the defendant to a term of imprisonment
23		under Chapter V of the Unified Code of Corrections.
24		If the Court determines that one or more of the factors set
25		forth in subsection (b) exists, the Court shall consider any
26		aggravating and mitigating factors as indicated in subsection

HB0313 Engrossed - 663 - LRB100 04130 SMS 14135 b
1		(c). If the Court determines, after weighing the factors in
2		aggravation and mitigation, that death is the appropriate
3		sentence, the Court shall sentence the defendant to death.
4		If the court finds that death is not the appropriate
5		sentence, the court shall sentence the defendant to a term of
6		imprisonment under Chapter V of the Unified Code of
7		Corrections.
8		(h-5) Decertification as a capital case.
9		In a case in which the defendant has been found guilty of
10		first degree murder by a judge or jury, or a case on remand for
11		resentencing, and the State seeks the death penalty as an
12		appropriate sentence, on the court's own motion or the written
13		motion of the defendant, the court may decertify the case as a
14		death penalty case if the court finds that the only evidence
15		supporting the defendant's conviction is the uncorroborated
16		testimony of an informant witness, as defined in Section 115-21
17		of the Code of Criminal Procedure of 1963, concerning the
18		confession or admission of the defendant or that the sole
19		evidence against the defendant is a single eyewitness or single
20		accomplice without any other corroborating evidence. If the
21		court decertifies the case as a capital case under either of
22		the grounds set forth above, the court shall issue a written
23		finding. The State may pursue its right to appeal the
24		decertification pursuant to Supreme Court Rule 604(a)(1). If
25		the court does not decertify the case as a capital case, the
26		matter shall proceed to the eligibility phase of the sentencing

HB0313 Engrossed - 664 - LRB100 04130 SMS 14135 b
1		hearing.
2		(i) Appellate Procedure.
3		The conviction and sentence of death shall be subject to
4		automatic review by the Supreme Court. Such review shall be in
5		accordance with rules promulgated by the Supreme Court. The
6		Illinois Supreme Court may overturn the death sentence, and
7		order the imposition of imprisonment under Chapter V of the
8		Unified Code of Corrections if the court finds that the death
9		sentence is fundamentally unjust as applied to the particular
10		case. If the Illinois Supreme Court finds that the death
11		sentence is fundamentally unjust as applied to the particular
12		case, independent of any procedural grounds for relief, the
13		Illinois Supreme Court shall issue a written opinion explaining
14		this finding.
15		(j) Disposition of reversed death sentence.
16		In the event that the death penalty in this Act is held to
17		be unconstitutional by the Supreme Court of the United States
18		or of the State of Illinois, any person convicted of first
19		degree murder shall be sentenced by the court to a term of
20		imprisonment under Chapter V of the Unified Code of
21		Corrections.
22		In the event that any death sentence pursuant to the
23		sentencing provisions of this Section is declared
24		unconstitutional by the Supreme Court of the United States or
25		of the State of Illinois, the court having jurisdiction over a
26		person previously sentenced to death shall cause the defendant

HB0313 Engrossed - 665 - LRB100 04130 SMS 14135 b
1		to be brought before the court, and the court shall sentence
2		the defendant to a term of imprisonment under Chapter V of the
3		Unified Code of Corrections.
4		(k) Guidelines for seeking the death penalty.
5		The Attorney General and State's Attorneys Association
6		shall consult on voluntary guidelines for procedures governing
7		whether or not to seek the death penalty. The guidelines do not
8		have the force of law and are only advisory in nature.
9		(Source: P.A. 99-143, eff. 7-27-15.)
10		Section 320. The Illinois Controlled Substances Act is
11		amended by changing Sections 102, 302, 303.05, 313, and 320 as
12		follows:
13		(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
14		Sec. 102. Definitions. As used in this Act, unless the
15		context otherwise requires:
16		(a) "Addict" means any person who habitually uses any drug,
17		chemical, substance or dangerous drug other than alcohol so as
18		to endanger the public morals, health, safety or welfare or who
19		is so far addicted to the use of a dangerous drug or controlled
20		substance other than alcohol as to have lost the power of self
21		control with reference to his or her addiction.
22		(b) "Administer" means the direct application of a
23		controlled substance, whether by injection, inhalation,
24		ingestion, or any other means, to the body of a patient,

HB0313 Engrossed - 666 - LRB100 04130 SMS 14135 b
1		research subject, or animal (as defined by the Humane
2		Euthanasia in Animal Shelters Act) by:
3		(1) a practitioner (or, in his or her presence, by his
4		or her authorized agent),
5		(2) the patient or research subject pursuant to an
6		order, or
7		(3) a euthanasia technician as defined by the Humane
8		Euthanasia in Animal Shelters Act.
9		(c) "Agent" means an authorized person who acts on behalf
10		of or at the direction of a manufacturer, distributor,
11		dispenser, prescriber, or practitioner. It does not include a
12		common or contract carrier, public warehouseman or employee of
13		the carrier or warehouseman.
14		(c-1) "Anabolic Steroids" means any drug or hormonal
15		substance, chemically and pharmacologically related to
16		testosterone (other than estrogens, progestins,
17		corticosteroids, and dehydroepiandrosterone), and includes:
18		(i) 3[beta],17-dihydroxy-5a-androstane,
19		(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
20		(iii) 5[alpha]-androstan-3,17-dione,
21		(iv) 1-androstenediol (3[beta],
22		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
23		(v) 1-androstenediol (3[alpha],
24		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
25		(vi) 4-androstenediol
26		(3[beta],17[beta]-dihydroxy-androst-4-ene),

HB0313 Engrossed - 667 - LRB100 04130 SMS 14135 b
1		(vii) 5-androstenediol
2		(3[beta],17[beta]-dihydroxy-androst-5-ene),
3		(viii) 1-androstenedione
4		([5alpha]-androst-1-en-3,17-dione),
5		(ix) 4-androstenedione
6		(androst-4-en-3,17-dione),
7		(x) 5-androstenedione
8		(androst-5-en-3,17-dione),
9		(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
10		hydroxyandrost-4-en-3-one),
11		(xii) boldenone (17[beta]-hydroxyandrost-
12		1,4,-diene-3-one),
13		(xiii) boldione (androsta-1,4-
14		diene-3,17-dione),
15		(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
16		[beta]-hydroxyandrost-4-en-3-one),
17		(xv) clostebol (4-chloro-17[beta]-
18		hydroxyandrost-4-en-3-one),
19		(xvi) dehydrochloromethyltestosterone (4-chloro-
20		17[beta]-hydroxy-17[alpha]-methyl-
21		androst-1,4-dien-3-one),
22		(xvii) desoxymethyltestosterone
23		(17[alpha]-methyl-5[alpha]
24		-androst-2-en-17[beta]-ol)(a.k.a., madol),
25		(xviii) [delta]1-dihydrotestosterone (a.k.a.
26		'1-testosterone') (17[beta]-hydroxy-

HB0313 Engrossed - 668 - LRB100 04130 SMS 14135 b
1		5[alpha]-androst-1-en-3-one),
2		(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
3		androstan-3-one),
4		(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5		5[alpha]-androstan-3-one),
6		(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
7		hydroxyestr-4-ene),
8		(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
9		1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
10		(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
11		17[beta]-dihydroxyandrost-1,4-dien-3-one),
12		(xxiv) furazabol (17[alpha]-methyl-17[beta]-
13		hydroxyandrostano[2,3-c]-furazan),
14		(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)
15		(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
16		androst-4-en-3-one),
17		(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
18		dihydroxy-estr-4-en-3-one),
19		(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
20		hydroxy-5-androstan-3-one),
21		(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
22		[5a]-androstan-3-one),
23		(xxx) methandienone (17[alpha]-methyl-17[beta]-
24		hydroxyandrost-1,4-dien-3-one),
25		(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
26		dihydroxyandrost-5-ene),

HB0313 Engrossed - 669 - LRB100 04130 SMS 14135 b
1		(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
2		5[alpha]-androst-1-en-3-one),
3		(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
4		dihydroxy-5a-androstane),
5		(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
6		-5a-androstane),
7		(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
8		dihydroxyandrost-4-ene),
9		(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
10		methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
11		(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
12		hydroxyestra-4,9(10)-dien-3-one),
13		(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
14		hydroxyestra-4,9-11-trien-3-one),
15		(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
16		hydroxyandrost-4-en-3-one),
17		(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
18		hydroxyestr-4-en-3-one),
19		(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
20		(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
21		androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
22		1-testosterone'),
23		(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
24		(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
25		dihydroxyestr-4-ene),
26		(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-

HB0313 Engrossed - 670 - LRB100 04130 SMS 14135 b
1		dihydroxyestr-4-ene),
2		(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
3		dihydroxyestr-5-ene),
4		(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
5		dihydroxyestr-5-ene),
6		(xlvii) 19-nor-4,9(10)-androstadienedione
7		(estra-4,9(10)-diene-3,17-dione),
8		(xlviii) 19-nor-4-androstenedione (estr-4-
9		en-3,17-dione),
10		(xlix) 19-nor-5-androstenedione (estr-5-
11		en-3,17-dione),
12		(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
13		hydroxygon-4-en-3-one),
14		(li) norclostebol (4-chloro-17[beta]-
15		hydroxyestr-4-en-3-one),
16		(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
17		hydroxyestr-4-en-3-one),
18		(liii) normethandrolone (17[alpha]-methyl-17[beta]-
19		hydroxyestr-4-en-3-one),
20		(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
21		2-oxa-5[alpha]-androstan-3-one),
22		(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
23		dihydroxyandrost-4-en-3-one),
24		(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
25		17[beta]-hydroxy-(5[alpha]-androstan-3-one),
26		(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-

HB0313 Engrossed - 671 - LRB100 04130 SMS 14135 b
1		(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
2		(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
3		(5[alpha]-androst-1-en-3-one),
4		(lix) testolactone (13-hydroxy-3-oxo-13,17-
5		secoandrosta-1,4-dien-17-oic
6		acid lactone),
7		(lx) testosterone (17[beta]-hydroxyandrost-
8		4-en-3-one),
9		(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
10		diethyl-17[beta]-hydroxygon-
11		4,9,11-trien-3-one),
12		(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
13		11-trien-3-one).
14		Any person who is otherwise lawfully in possession of an
15		anabolic steroid, or who otherwise lawfully manufactures,
16		distributes, dispenses, delivers, or possesses with intent to
17		deliver an anabolic steroid, which anabolic steroid is
18		expressly intended for and lawfully allowed to be administered
19		through implants to livestock or other nonhuman species, and
20		which is approved by the Secretary of Health and Human Services
21		for such administration, and which the person intends to
22		administer or have administered through such implants, shall
23		not be considered to be in unauthorized possession or to
24		unlawfully manufacture, distribute, dispense, deliver, or
25		possess with intent to deliver such anabolic steroid for
26		purposes of this Act.

HB0313 Engrossed - 672 - LRB100 04130 SMS 14135 b
1		(d) "Administration" means the Drug Enforcement
2		Administration, United States Department of Justice, or its
3		successor agency.
4		(d-5) "Clinical Director, Prescription Monitoring Program"
5		means a Department of Human Services administrative employee
6		licensed to either prescribe or dispense controlled substances
7		who shall run the clinical aspects of the Department of Human
8		Services Prescription Monitoring Program and its Prescription
9		Information Library.
10		(d-10) "Compounding" means the preparation and mixing of
11		components, excluding flavorings, (1) as the result of a
12		prescriber's prescription drug order or initiative based on the
13		prescriber-patient-pharmacist relationship in the course of
14		professional practice or (2) for the purpose of, or incident
15		to, research, teaching, or chemical analysis and not for sale
16		or dispensing. "Compounding" includes the preparation of drugs
17		or devices in anticipation of receiving prescription drug
18		orders based on routine, regularly observed dispensing
19		patterns. Commercially available products may be compounded
20		for dispensing to individual patients only if both of the
21		following conditions are met: (i) the commercial product is not
22		reasonably available from normal distribution channels in a
23		timely manner to meet the patient's needs and (ii) the
24		prescribing practitioner has requested that the drug be
25		compounded.
26		(e) "Control" means to add a drug or other substance, or

HB0313 Engrossed - 673 - LRB100 04130 SMS 14135 b
1		immediate precursor, to a Schedule whether by transfer from
2		another Schedule or otherwise.
3		(f) "Controlled Substance" means (i) a drug, substance,
4		immediate precursor, or synthetic drug in the Schedules of
5		Article II of this Act or (ii) a drug or other substance, or
6		immediate precursor, designated as a controlled substance by
7		the Department through administrative rule. The term does not
8		include distilled spirits, wine, malt beverages, or tobacco, as
9		those terms are defined or used in the Liquor Control Act of
10		1934 and the Tobacco Products Tax Act of 1995.
11		(f-5) "Controlled substance analog" means a substance:
12		(1) the chemical structure of which is substantially
13		similar to the chemical structure of a controlled substance
14		in Schedule I or II;
15		(2) which has a stimulant, depressant, or
16		hallucinogenic effect on the central nervous system that is
17		substantially similar to or greater than the stimulant,
18		depressant, or hallucinogenic effect on the central
19		nervous system of a controlled substance in Schedule I or
20		II; or
21		(3) with respect to a particular person, which such
22		person represents or intends to have a stimulant,
23		depressant, or hallucinogenic effect on the central
24		nervous system that is substantially similar to or greater
25		than the stimulant, depressant, or hallucinogenic effect
26		on the central nervous system of a controlled substance in

HB0313 Engrossed - 674 - LRB100 04130 SMS 14135 b
1		Schedule I or II.
2		(g) "Counterfeit substance" means a controlled substance,
3		which, or the container or labeling of which, without
4		authorization bears the trademark, trade name, or other
5		identifying mark, imprint, number or device, or any likeness
6		thereof, of a manufacturer, distributor, or dispenser other
7		than the person who in fact manufactured, distributed, or
8		dispensed the substance.
9		(h) "Deliver" or "delivery" means the actual, constructive
10		or attempted transfer of possession of a controlled substance,
11		with or without consideration, whether or not there is an
12		agency relationship.
13		(i) "Department" means the Illinois Department of Human
14		Services (as successor to the Department of Alcoholism and
15		Substance Abuse) or its successor agency.
16		(j) (Blank).
17		(k) "Department of Corrections" means the Department of
18		Corrections of the State of Illinois or its successor agency.
19		(l) "Department of Financial and Professional Regulation"
20		means the Department of Financial and Professional Regulation
21		of the State of Illinois or its successor agency.
22		(m) "Depressant" means any drug that (i) causes an overall
23		depression of central nervous system functions, (ii) causes
24		impaired consciousness and awareness, and (iii) can be
25		habit-forming or lead to a substance abuse problem, including
26		but not limited to alcohol, cannabis and its active principles

HB0313 Engrossed - 675 - LRB100 04130 SMS 14135 b
1		and their analogs, benzodiazepines and their analogs,
2		barbiturates and their analogs, opioids (natural and
3		synthetic) and their analogs, and chloral hydrate and similar
4		sedative hypnotics.
5		(n) (Blank).
6		(o) "Director" means the Director of the Illinois State
7		Police or his or her designated agents.
8		(p) "Dispense" means to deliver a controlled substance to
9		an ultimate user or research subject by or pursuant to the
10		lawful order of a prescriber, including the prescribing,
11		administering, packaging, labeling, or compounding necessary
12		to prepare the substance for that delivery.
13		(q) "Dispenser" means a practitioner who dispenses.
14		(r) "Distribute" means to deliver, other than by
15		administering or dispensing, a controlled substance.
16		(s) "Distributor" means a person who distributes.
17		(t) "Drug" means (1) substances recognized as drugs in the
18		official United States Pharmacopoeia, Official Homeopathic
19		Pharmacopoeia of the United States, or official National
20		Formulary, or any supplement to any of them; (2) substances
21		intended for use in diagnosis, cure, mitigation, treatment, or
22		prevention of disease in man or animals; (3) substances (other
23		than food) intended to affect the structure of any function of
24		the body of man or animals and (4) substances intended for use
25		as a component of any article specified in clause (1), (2), or
26		(3) of this subsection. It does not include devices or their

HB0313 Engrossed - 676 - LRB100 04130 SMS 14135 b
1		components, parts, or accessories.
2		(t-3) "Electronic health record" or "EHR" means an
3		electronic record of health-related information on an
4		individual that is created, gathered, managed, and consulted by
5		authorized health care clinicians and staff.
6		(t-5) "Euthanasia agency" means an entity certified by the
7		Department of Financial and Professional Regulation for the
8		purpose of animal euthanasia that holds an animal control
9		facility license or animal shelter license under the Animal
10		Welfare Act. A euthanasia agency is authorized to purchase,
11		store, possess, and utilize Schedule II nonnarcotic and
12		Schedule III nonnarcotic drugs for the sole purpose of animal
13		euthanasia.
14		(t-10) "Euthanasia drugs" means Schedule II or Schedule III
15		substances (nonnarcotic controlled substances) that are used
16		by a euthanasia agency for the purpose of animal euthanasia.
17		(u) "Good faith" means the prescribing or dispensing of a
18		controlled substance by a practitioner in the regular course of
19		professional treatment to or for any person who is under his or
20		her treatment for a pathology or condition other than that
21		individual's physical or psychological dependence upon or
22		addiction to a controlled substance, except as provided herein:
23		and application of the term to a pharmacist shall mean the
24		dispensing of a controlled substance pursuant to the
25		prescriber's order which in the professional judgment of the
26		pharmacist is lawful. The pharmacist shall be guided by

HB0313 Engrossed - 677 - LRB100 04130 SMS 14135 b
1		accepted professional standards including, but not limited to
2		the following, in making the judgment:
3		(1) lack of consistency of prescriber-patient
4		relationship,
5		(2) frequency of prescriptions for same drug by one
6		prescriber for large numbers of patients,
7		(3) quantities beyond those normally prescribed,
8		(4) unusual dosages (recognizing that there may be
9		clinical circumstances where more or less than the usual
10		dose may be used legitimately),
11		(5) unusual geographic distances between patient,
12		pharmacist and prescriber,
13		(6) consistent prescribing of habit-forming drugs.
14		(u-0.5) "Hallucinogen" means a drug that causes markedly
15		altered sensory perception leading to hallucinations of any
16		type.
17		(u-1) "Home infusion services" means services provided by a
18		pharmacy in compounding solutions for direct administration to
19		a patient in a private residence, long-term care facility, or
20		hospice setting by means of parenteral, intravenous,
21		intramuscular, subcutaneous, or intraspinal infusion.
22		(u-5) "Illinois State Police" means the State Police of the
23		State of Illinois, or its successor agency.
24		(v) "Immediate precursor" means a substance:
25		(1) which the Department has found to be and by rule
26		designated as being a principal compound used, or produced

HB0313 Engrossed - 678 - LRB100 04130 SMS 14135 b
1		primarily for use, in the manufacture of a controlled
2		substance;
3		(2) which is an immediate chemical intermediary used or
4		likely to be used in the manufacture of such controlled
5		substance; and
6		(3) the control of which is necessary to prevent,
7		curtail or limit the manufacture of such controlled
8		substance.
9		(w) "Instructional activities" means the acts of teaching,
10		educating or instructing by practitioners using controlled
11		substances within educational facilities approved by the State
12		Board of Education or its successor agency.
13		(x) "Local authorities" means a duly organized State,
14		County or Municipal peace unit or police force.
15		(y) "Look-alike substance" means a substance, other than a
16		controlled substance which (1) by overall dosage unit
17		appearance, including shape, color, size, markings or lack
18		thereof, taste, consistency, or any other identifying physical
19		characteristic of the substance, would lead a reasonable person
20		to believe that the substance is a controlled substance, or (2)
21		is expressly or impliedly represented to be a controlled
22		substance or is distributed under circumstances which would
23		lead a reasonable person to believe that the substance is a
24		controlled substance. For the purpose of determining whether
25		the representations made or the circumstances of the
26		distribution would lead a reasonable person to believe the

HB0313 Engrossed - 679 - LRB100 04130 SMS 14135 b
1		substance to be a controlled substance under this clause (2) of
2		subsection (y), the court or other authority may consider the
3		following factors in addition to any other factor that may be
4		relevant:
5		(a) statements made by the owner or person in control
6		of the substance concerning its nature, use or effect;
7		(b) statements made to the buyer or recipient that the
8		substance may be resold for profit;
9		(c) whether the substance is packaged in a manner
10		normally used for the illegal distribution of controlled
11		substances;
12		(d) whether the distribution or attempted distribution
13		included an exchange of or demand for money or other
14		property as consideration, and whether the amount of the
15		consideration was substantially greater than the
16		reasonable retail market value of the substance.
17		Clause (1) of this subsection (y) shall not apply to a
18		noncontrolled substance in its finished dosage form that was
19		initially introduced into commerce prior to the initial
20		introduction into commerce of a controlled substance in its
21		finished dosage form which it may substantially resemble.
22		Nothing in this subsection (y) prohibits the dispensing or
23		distributing of noncontrolled substances by persons authorized
24		to dispense and distribute controlled substances under this
25		Act, provided that such action would be deemed to be carried
26		out in good faith under subsection (u) if the substances

HB0313 Engrossed - 680 - LRB100 04130 SMS 14135 b
1		involved were controlled substances.
2		Nothing in this subsection (y) or in this Act prohibits the
3		manufacture, preparation, propagation, compounding,
4		processing, packaging, advertising or distribution of a drug or
5		drugs by any person registered pursuant to Section 510 of the
6		Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
7		(y-1) "Mail-order pharmacy" means a pharmacy that is
8		located in a state of the United States that delivers,
9		dispenses or distributes, through the United States Postal
10		Service or other common carrier, to Illinois residents, any
11		substance which requires a prescription.
12		(z) "Manufacture" means the production, preparation,
13		propagation, compounding, conversion or processing of a
14		controlled substance other than methamphetamine, either
15		directly or indirectly, by extraction from substances of
16		natural origin, or independently by means of chemical
17		synthesis, or by a combination of extraction and chemical
18		synthesis, and includes any packaging or repackaging of the
19		substance or labeling of its container, except that this term
20		does not include:
21		(1) by an ultimate user, the preparation or compounding
22		of a controlled substance for his or her own use; or
23		(2) by a practitioner, or his or her authorized agent
24		under his or her supervision, the preparation,
25		compounding, packaging, or labeling of a controlled
26		substance:

HB0313 Engrossed - 681 - LRB100 04130 SMS 14135 b
1		(a) as an incident to his or her administering or
2		dispensing of a controlled substance in the course of
3		his or her professional practice; or
4		(b) as an incident to lawful research, teaching or
5		chemical analysis and not for sale.
6		(z-1) (Blank).
7		(z-5) "Medication shopping" means the conduct prohibited
8		under subsection (a) of Section 314.5 of this Act.
9		(z-10) "Mid-level practitioner" means (i) a physician
10		assistant who has been delegated authority to prescribe through
11		a written delegation of authority by a physician licensed to
12		practice medicine in all of its branches, in accordance with
13		Section 7.5 of the Physician Assistant Practice Act of 1987,
14		(ii) an advanced practice registered nurse who has been
15		delegated authority to prescribe through a written delegation
16		of authority by a physician licensed to practice medicine in
17		all of its branches or by a podiatric physician, in accordance
18		with Section 65-40 of the Nurse Practice Act, (iii) an advanced
19		practice registered nurse certified as a nurse practitioner,
20		nurse midwife, or clinical nurse specialist who has been
21		granted authority to prescribe by a hospital affiliate in
22		accordance with Section 65-45 of the Nurse Practice Act, (iv)
23		an animal euthanasia agency, or (v) a prescribing psychologist.
24		(aa) "Narcotic drug" means any of the following, whether
25		produced directly or indirectly by extraction from substances
26		of vegetable origin, or independently by means of chemical

HB0313 Engrossed - 682 - LRB100 04130 SMS 14135 b
1		synthesis, or by a combination of extraction and chemical
2		synthesis:
3		(1) opium, opiates, derivatives of opium and opiates,
4		including their isomers, esters, ethers, salts, and salts
5		of isomers, esters, and ethers, whenever the existence of
6		such isomers, esters, ethers, and salts is possible within
7		the specific chemical designation; however the term
8		"narcotic drug" does not include the isoquinoline
9		alkaloids of opium;
10		(2) (blank);
11		(3) opium poppy and poppy straw;
12		(4) coca leaves, except coca leaves and extracts of
13		coca leaves from which substantially all of the cocaine and
14		ecgonine, and their isomers, derivatives and salts, have
15		been removed;
16		(5) cocaine, its salts, optical and geometric isomers,
17		and salts of isomers;
18		(6) ecgonine, its derivatives, their salts, isomers,
19		and salts of isomers;
20		(7) any compound, mixture, or preparation which
21		contains any quantity of any of the substances referred to
22		in subparagraphs (1) through (6).
23		(bb) "Nurse" means a registered nurse licensed under the
24		Nurse Practice Act.
25		(cc) (Blank).
26		(dd) "Opiate" means any substance having an addiction

HB0313 Engrossed - 683 - LRB100 04130 SMS 14135 b
1		forming or addiction sustaining liability similar to morphine
2		or being capable of conversion into a drug having addiction
3		forming or addiction sustaining liability.
4		(ee) "Opium poppy" means the plant of the species Papaver
5		somniferum L., except its seeds.
6		(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
7		solution or other liquid form of medication intended for
8		administration by mouth, but the term does not include a form
9		of medication intended for buccal, sublingual, or transmucosal
10		administration.
11		(ff) "Parole and Pardon Board" means the Parole and Pardon
12		Board of the State of Illinois or its successor agency.
13		(gg) "Person" means any individual, corporation,
14		mail-order pharmacy, government or governmental subdivision or
15		agency, business trust, estate, trust, partnership or
16		association, or any other entity.
17		(hh) "Pharmacist" means any person who holds a license or
18		certificate of registration as a registered pharmacist, a local
19		registered pharmacist or a registered assistant pharmacist
20		under the Pharmacy Practice Act.
21		(ii) "Pharmacy" means any store, ship or other place in
22		which pharmacy is authorized to be practiced under the Pharmacy
23		Practice Act.
24		(ii-5) "Pharmacy shopping" means the conduct prohibited
25		under subsection (b) of Section 314.5 of this Act.
26		(ii-10) "Physician" (except when the context otherwise

HB0313 Engrossed - 684 - LRB100 04130 SMS 14135 b
1		requires) means a person licensed to practice medicine in all
2		of its branches.
3		(jj) "Poppy straw" means all parts, except the seeds, of
4		the opium poppy, after mowing.
5		(kk) "Practitioner" means a physician licensed to practice
6		medicine in all its branches, dentist, optometrist, podiatric
7		physician, veterinarian, scientific investigator, pharmacist,
8		physician assistant, advanced practice registered nurse,
9		licensed practical nurse, registered nurse, hospital,
10		laboratory, or pharmacy, or other person licensed, registered,
11		or otherwise lawfully permitted by the United States or this
12		State to distribute, dispense, conduct research with respect
13		to, administer or use in teaching or chemical analysis, a
14		controlled substance in the course of professional practice or
15		research.
16		(ll) "Pre-printed prescription" means a written
17		prescription upon which the designated drug has been indicated
18		prior to the time of issuance; the term does not mean a written
19		prescription that is individually generated by machine or
20		computer in the prescriber's office.
21		(mm) "Prescriber" means a physician licensed to practice
22		medicine in all its branches, dentist, optometrist,
23		prescribing psychologist licensed under Section 4.2 of the
24		Clinical Psychologist Licensing Act with prescriptive
25		authority delegated under Section 4.3 of the Clinical
26		Psychologist Licensing Act, podiatric physician, or

HB0313 Engrossed - 685 - LRB100 04130 SMS 14135 b
1		veterinarian who issues a prescription, a physician assistant
2		who issues a prescription for a controlled substance in
3		accordance with Section 303.05, a written delegation, and a
4		written supervision agreement required under Section 7.5 of the
5		Physician Assistant Practice Act of 1987, an advanced practice
6		registered nurse with prescriptive authority delegated under
7		Section 65-40 of the Nurse Practice Act and in accordance with
8		Section 303.05, a written delegation, and a written
9		collaborative agreement under Section 65-35 of the Nurse
10		Practice Act, or an advanced practice registered nurse
11		certified as a nurse practitioner, nurse midwife, or clinical
12		nurse specialist who has been granted authority to prescribe by
13		a hospital affiliate in accordance with Section 65-45 of the
14		Nurse Practice Act and in accordance with Section 303.05.
15		(nn) "Prescription" means a written, facsimile, or oral
16		order, or an electronic order that complies with applicable
17		federal requirements, of a physician licensed to practice
18		medicine in all its branches, dentist, podiatric physician or
19		veterinarian for any controlled substance, of an optometrist in
20		accordance with Section 15.1 of the Illinois Optometric
21		Practice Act of 1987, of a prescribing psychologist licensed
22		under Section 4.2 of the Clinical Psychologist Licensing Act
23		with prescriptive authority delegated under Section 4.3 of the
24		Clinical Psychologist Licensing Act, of a physician assistant
25		for a controlled substance in accordance with Section 303.05, a
26		written delegation, and a written supervision agreement

HB0313 Engrossed - 686 - LRB100 04130 SMS 14135 b
1		required under Section 7.5 of the Physician Assistant Practice
2		Act of 1987, of an advanced practice registered nurse with
3		prescriptive authority delegated under Section 65-40 of the
4		Nurse Practice Act who issues a prescription for a controlled
5		substance in accordance with Section 303.05, a written
6		delegation, and a written collaborative agreement under
7		Section 65-35 of the Nurse Practice Act, or of an advanced
8		practice registered nurse certified as a nurse practitioner,
9		nurse midwife, or clinical nurse specialist who has been
10		granted authority to prescribe by a hospital affiliate in
11		accordance with Section 65-45 of the Nurse Practice Act and in
12		accordance with Section 303.05 when required by law.
13		(nn-5) "Prescription Information Library" (PIL) means an
14		electronic library that contains reported controlled substance
15		data.
16		(nn-10) "Prescription Monitoring Program" (PMP) means the
17		entity that collects, tracks, and stores reported data on
18		controlled substances and select drugs pursuant to Section 316.
19		(oo) "Production" or "produce" means manufacture,
20		planting, cultivating, growing, or harvesting of a controlled
21		substance other than methamphetamine.
22		(pp) "Registrant" means every person who is required to
23		register under Section 302 of this Act.
24		(qq) "Registry number" means the number assigned to each
25		person authorized to handle controlled substances under the
26		laws of the United States and of this State.

HB0313 Engrossed - 687 - LRB100 04130 SMS 14135 b
1		(qq-5) "Secretary" means, as the context requires, either
2		the Secretary of the Department or the Secretary of the
3		Department of Financial and Professional Regulation, and the
4		Secretary's designated agents.
5		(rr) "State" includes the State of Illinois and any state,
6		district, commonwealth, territory, insular possession thereof,
7		and any area subject to the legal authority of the United
8		States of America.
9		(rr-5) "Stimulant" means any drug that (i) causes an
10		overall excitation of central nervous system functions, (ii)
11		causes impaired consciousness and awareness, and (iii) can be
12		habit-forming or lead to a substance abuse problem, including
13		but not limited to amphetamines and their analogs,
14		methylphenidate and its analogs, cocaine, and phencyclidine
15		and its analogs.
16		(ss) "Ultimate user" means a person who lawfully possesses
17		a controlled substance for his or her own use or for the use of
18		a member of his or her household or for administering to an
19		animal owned by him or her or by a member of his or her
20		household.
21		(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
22		98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.
23		7-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,
24		eff. 9-9-15; 99-642, eff. 7-28-16.)
25		(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)

HB0313 Engrossed - 688 - LRB100 04130 SMS 14135 b
1		Sec. 302. (a) Every person who manufactures, distributes,
2		or dispenses any controlled substances; engages in chemical
3		analysis, research, or instructional activities which utilize
4		controlled substances; purchases, stores, or administers
5		euthanasia drugs, within this State; provides canine odor
6		detection services; proposes to engage in the manufacture,
7		distribution, or dispensing of any controlled substance;
8		proposes to engage in chemical analysis, research, or
9		instructional activities which utilize controlled substances;
10		proposes to engage in purchasing, storing, or administering
11		euthanasia drugs; or proposes to provide canine odor detection
12		services within this State, must obtain a registration issued
13		by the Department of Financial and Professional Regulation in
14		accordance with its rules. The rules shall include, but not be
15		limited to, setting the expiration date and renewal period for
16		each registration under this Act. The Department, any facility
17		or service licensed by the Department, and any veterinary
18		hospital or clinic operated by a veterinarian or veterinarians
19		licensed under the Veterinary Medicine and Surgery Practice Act
20		of 2004 or maintained by a State-supported or publicly funded
21		university or college shall be exempt from the regulation
22		requirements of this Section; however, such exemption shall not
23		operate to bar the University of Illinois from requesting, nor
24		the Department of Financial and Professional Regulation from
25		issuing, a registration to the University of Illinois
26		Veterinary Teaching Hospital under this Act. Neither a request

HB0313 Engrossed - 689 - LRB100 04130 SMS 14135 b
1		for such registration nor the issuance of such registration to
2		the University of Illinois shall operate to otherwise waive or
3		modify the exemption provided in this subsection (a).
4		(b) Persons registered by the Department of Financial and
5		Professional Regulation under this Act to manufacture,
6		distribute, or dispense controlled substances, engage in
7		chemical analysis, research, or instructional activities which
8		utilize controlled substances, purchase, store, or administer
9		euthanasia drugs, or provide canine odor detection services,
10		may possess, manufacture, distribute, engage in chemical
11		analysis, research, or instructional activities which utilize
12		controlled substances, dispense those substances, or purchase,
13		store, or administer euthanasia drugs, or provide canine odor
14		detection services to the extent authorized by their
15		registration and in conformity with the other provisions of
16		this Article.
17		(c) The following persons need not register and may
18		lawfully possess controlled substances under this Act:
19		(1) an agent or employee of any registered
20		manufacturer, distributor, or dispenser of any controlled
21		substance if he or she is acting in the usual course of his
22		or her employer's lawful business or employment;
23		(2) a common or contract carrier or warehouseman, or an
24		agent or employee thereof, whose possession of any
25		controlled substance is in the usual lawful course of such
26		business or employment;

HB0313 Engrossed - 690 - LRB100 04130 SMS 14135 b
1		(3) an ultimate user or a person in possession of a
2		controlled substance prescribed for the ultimate user
3		under a lawful prescription of a practitioner, including an
4		advanced practice registered nurse, practical nurse, or
5		registered nurse licensed under the Nurse Practice Act, or
6		a physician assistant licensed under the Physician
7		Assistant Practice Act of 1987, who provides hospice
8		services to a hospice patient or who provides home health
9		services to a person, or a person in possession of any
10		controlled substance pursuant to a lawful prescription of a
11		practitioner or in lawful possession of a Schedule V
12		substance. In this Section, "home health services" has the
13		meaning ascribed to it in the Home Health, Home Services,
14		and Home Nursing Agency Licensing Act; and "hospice
15		patient" and "hospice services" have the meanings ascribed
16		to them in the Hospice Program Licensing Act;
17		(4) officers and employees of this State or of the
18		United States while acting in the lawful course of their
19		official duties which requires possession of controlled
20		substances;
21		(5) a registered pharmacist who is employed in, or the
22		owner of, a pharmacy licensed under this Act and the
23		Federal Controlled Substances Act, at the licensed
24		location, or if he or she is acting in the usual course of
25		his or her lawful profession, business, or employment;
26		(6) a holder of a temporary license issued under

HB0313 Engrossed - 691 - LRB100 04130 SMS 14135 b
1		Section 17 of the Medical Practice Act of 1987 practicing
2		within the scope of that license and in compliance with the
3		rules adopted under this Act. In addition to possessing
4		controlled substances, a temporary license holder may
5		order, administer, and prescribe controlled substances
6		when acting within the scope of his or her license and in
7		compliance with the rules adopted under this Act.
8		(d) A separate registration is required at each place of
9		business or professional practice where the applicant
10		manufactures, distributes, or dispenses controlled substances,
11		or purchases, stores, or administers euthanasia drugs. Persons
12		are required to obtain a separate registration for each place
13		of business or professional practice where controlled
14		substances are located or stored. A separate registration is
15		not required for every location at which a controlled substance
16		may be prescribed.
17		(e) The Department of Financial and Professional
18		Regulation or the Illinois State Police may inspect the
19		controlled premises, as defined in Section 502 of this Act, of
20		a registrant or applicant for registration in accordance with
21		this Act and the rules promulgated hereunder and with regard to
22		persons licensed by the Department, in accordance with
23		subsection (bb) of Section 30-5 of the Alcoholism and Other
24		Drug Abuse and Dependency Act and the rules and regulations
25		promulgated thereunder.
26		(Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; 99-642,

HB0313 Engrossed - 692 - LRB100 04130 SMS 14135 b
1		eff. 7-28-16.)
2		(720 ILCS 570/303.05)
3		Sec. 303.05. Mid-level practitioner registration.
4		(a) The Department of Financial and Professional
5		Regulation shall register licensed physician assistants,
6		licensed advanced practice registered nurses, and prescribing
7		psychologists licensed under Section 4.2 of the Clinical
8		Psychologist Licensing Act to prescribe and dispense
9		controlled substances under Section 303 and euthanasia
10		agencies to purchase, store, or administer animal euthanasia
11		drugs under the following circumstances:
12		(1) with respect to physician assistants,
13		(A) the physician assistant has been delegated
14		written authority to prescribe any Schedule III
15		through V controlled substances by a physician
16		licensed to practice medicine in all its branches in
17		accordance with Section 7.5 of the Physician Assistant
18		Practice Act of 1987; and the physician assistant has
19		completed the appropriate application forms and has
20		paid the required fees as set by rule; or
21		(B) the physician assistant has been delegated
22		authority by a supervising physician licensed to
23		practice medicine in all its branches to prescribe or
24		dispense Schedule II controlled substances through a
25		written delegation of authority and under the

HB0313 Engrossed - 693 - LRB100 04130 SMS 14135 b
1		following conditions:
2		(i) Specific Schedule II controlled substances
3		by oral dosage or topical or transdermal
4		application may be delegated, provided that the
5		delegated Schedule II controlled substances are
6		routinely prescribed by the supervising physician.
7		This delegation must identify the specific
8		Schedule II controlled substances by either brand
9		name or generic name. Schedule II controlled
10		substances to be delivered by injection or other
11		route of administration may not be delegated;
12		(ii) any delegation must be of controlled
13		substances prescribed by the supervising
14		physician;
15		(iii) all prescriptions must be limited to no
16		more than a 30-day supply, with any continuation
17		authorized only after prior approval of the
18		supervising physician;
19		(iv) the physician assistant must discuss the
20		condition of any patients for whom a controlled
21		substance is prescribed monthly with the
22		delegating physician;
23		(v) the physician assistant must have
24		completed the appropriate application forms and
25		paid the required fees as set by rule;
26		(vi) the physician assistant must provide

HB0313 Engrossed - 694 - LRB100 04130 SMS 14135 b
1		evidence of satisfactory completion of 45 contact
2		hours in pharmacology from any physician assistant
3		program accredited by the Accreditation Review
4		Commission on Education for the Physician
5		Assistant (ARC-PA), or its predecessor agency, for
6		any new license issued with Schedule II authority
7		after the effective date of this amendatory Act of
8		the 97th General Assembly; and
9		(vii) the physician assistant must annually
10		complete at least 5 hours of continuing education
11		in pharmacology;
12		(2) with respect to advanced practice registered
13		nurses,
14		(A) the advanced practice registered nurse has
15		been delegated authority to prescribe any Schedule III
16		through V controlled substances by a collaborating
17		physician licensed to practice medicine in all its
18		branches or a collaborating podiatric physician in
19		accordance with Section 65-40 of the Nurse Practice
20		Act. The advanced practice registered nurse has
21		completed the appropriate application forms and has
22		paid the required fees as set by rule; or
23		(B) the advanced practice registered nurse has
24		been delegated authority by a collaborating physician
25		licensed to practice medicine in all its branches or
26		collaborating podiatric physician to prescribe or

HB0313 Engrossed - 695 - LRB100 04130 SMS 14135 b
1		dispense Schedule II controlled substances through a
2		written delegation of authority and under the
3		following conditions:
4		(i) specific Schedule II controlled substances
5		by oral dosage or topical or transdermal
6		application may be delegated, provided that the
7		delegated Schedule II controlled substances are
8		routinely prescribed by the collaborating
9		physician or podiatric physician. This delegation
10		must identify the specific Schedule II controlled
11		substances by either brand name or generic name.
12		Schedule II controlled substances to be delivered
13		by injection or other route of administration may
14		not be delegated;
15		(ii) any delegation must be of controlled
16		substances prescribed by the collaborating
17		physician or podiatric physician;
18		(iii) all prescriptions must be limited to no
19		more than a 30-day supply, with any continuation
20		authorized only after prior approval of the
21		collaborating physician or podiatric physician;
22		(iv) the advanced practice registered nurse
23		must discuss the condition of any patients for whom
24		a controlled substance is prescribed monthly with
25		the delegating physician or podiatric physician or
26		in the course of review as required by Section

HB0313 Engrossed - 696 - LRB100 04130 SMS 14135 b
1		65-40 of the Nurse Practice Act;
2		(v) the advanced practice registered nurse
3		must have completed the appropriate application
4		forms and paid the required fees as set by rule;
5		(vi) the advanced practice registered nurse
6		must provide evidence of satisfactory completion
7		of at least 45 graduate contact hours in
8		pharmacology for any new license issued with
9		Schedule II authority after the effective date of
10		this amendatory Act of the 97th General Assembly;
11		and
12		(vii) the advanced practice registered nurse
13		must annually complete 5 hours of continuing
14		education in pharmacology;
15		(2.5) with respect to advanced practice registered
16		nurses certified as nurse practitioners, nurse midwives,
17		or clinical nurse specialists practicing in a hospital
18		affiliate,
19		(A) the advanced practice registered nurse
20		certified as a nurse practitioner, nurse midwife, or
21		clinical nurse specialist has been granted authority
22		to prescribe any Schedule II through V controlled
23		substances by the hospital affiliate upon the
24		recommendation of the appropriate physician committee
25		of the hospital affiliate in accordance with Section
26		65-45 of the Nurse Practice Act, has completed the

HB0313 Engrossed - 697 - LRB100 04130 SMS 14135 b
1		appropriate application forms, and has paid the
2		required fees as set by rule; and
3		(B) an advanced practice registered nurse
4		certified as a nurse practitioner, nurse midwife, or
5		clinical nurse specialist has been granted authority
6		to prescribe any Schedule II controlled substances by
7		the hospital affiliate upon the recommendation of the
8		appropriate physician committee of the hospital
9		affiliate, then the following conditions must be met:
10		(i) specific Schedule II controlled substances
11		by oral dosage or topical or transdermal
12		application may be designated, provided that the
13		designated Schedule II controlled substances are
14		routinely prescribed by advanced practice
15		registered nurses in their area of certification;
16		this grant of authority must identify the specific
17		Schedule II controlled substances by either brand
18		name or generic name; authority to prescribe or
19		dispense Schedule II controlled substances to be
20		delivered by injection or other route of
21		administration may not be granted;
22		(ii) any grant of authority must be controlled
23		substances limited to the practice of the advanced
24		practice registered nurse;
25		(iii) any prescription must be limited to no
26		more than a 30-day supply;

HB0313 Engrossed - 698 - LRB100 04130 SMS 14135 b
1		(iv) the advanced practice registered nurse
2		must discuss the condition of any patients for whom
3		a controlled substance is prescribed monthly with
4		the appropriate physician committee of the
5		hospital affiliate or its physician designee; and
6		(v) the advanced practice registered nurse
7		must meet the education requirements of this
8		Section;
9		(3) with respect to animal euthanasia agencies, the
10		euthanasia agency has obtained a license from the
11		Department of Financial and Professional Regulation and
12		obtained a registration number from the Department; or
13		(4) with respect to prescribing psychologists, the
14		prescribing psychologist has been delegated authority to
15		prescribe any nonnarcotic Schedule III through V
16		controlled substances by a collaborating physician
17		licensed to practice medicine in all its branches in
18		accordance with Section 4.3 of the Clinical Psychologist
19		Licensing Act, and the prescribing psychologist has
20		completed the appropriate application forms and has paid
21		the required fees as set by rule.
22		(b) The mid-level practitioner shall only be licensed to
23		prescribe those schedules of controlled substances for which a
24		licensed physician or licensed podiatric physician has
25		delegated prescriptive authority, except that an animal
26		euthanasia agency does not have any prescriptive authority. A

HB0313 Engrossed - 699 - LRB100 04130 SMS 14135 b
1		physician assistant and an advanced practice registered nurse
2		are prohibited from prescribing medications and controlled
3		substances not set forth in the required written delegation of
4		authority.
5		(c) Upon completion of all registration requirements,
6		physician assistants, advanced practice registered nurses, and
7		animal euthanasia agencies may be issued a mid-level
8		practitioner controlled substances license for Illinois.
9		(d) A collaborating physician or podiatric physician may,
10		but is not required to, delegate prescriptive authority to an
11		advanced practice registered nurse as part of a written
12		collaborative agreement, and the delegation of prescriptive
13		authority shall conform to the requirements of Section 65-40 of
14		the Nurse Practice Act.
15		(e) A supervising physician may, but is not required to,
16		delegate prescriptive authority to a physician assistant as
17		part of a written supervision agreement, and the delegation of
18		prescriptive authority shall conform to the requirements of
19		Section 7.5 of the Physician Assistant Practice Act of 1987.
20		(f) Nothing in this Section shall be construed to prohibit
21		generic substitution.
22		(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
23		99-173, eff. 7-29-15.)
24		(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
25		Sec. 313. (a) Controlled substances which are lawfully

HB0313 Engrossed - 700 - LRB100 04130 SMS 14135 b
1		administered in hospitals or institutions licensed under the
2		Hospital Licensing Act shall be exempt from the requirements of
3		Sections 312 and 316, except that the prescription for the
4		controlled substance shall be in writing on the patient's
5		record, signed by the prescriber, and dated, and shall state
6		the name and quantity of controlled substances ordered and the
7		quantity actually administered. The records of such
8		prescriptions shall be maintained for two years and shall be
9		available for inspection by officers and employees of the
10		Illinois State Police and the Department of Financial and
11		Professional Regulation.
12		The exemption under this subsection (a) does not apply to a
13		prescription (including an outpatient prescription from an
14		emergency department or outpatient clinic) for more than a
15		72-hour supply of a discharge medication to be consumed outside
16		of the hospital or institution.
17		(b) Controlled substances that can lawfully be
18		administered or dispensed directly to a patient in a long-term
19		care facility licensed by the Department of Public Health as a
20		skilled nursing facility, intermediate care facility, or
21		long-term care facility for residents under 22 years of age,
22		are exempt from the requirements of Section 312 except that a
23		prescription for a Schedule II controlled substance must be
24		either a prescription signed by the prescriber or a
25		prescription transmitted by the prescriber or prescriber's
26		agent to the dispensing pharmacy by facsimile. The facsimile

HB0313 Engrossed - 701 - LRB100 04130 SMS 14135 b
1		serves as the original prescription and must be maintained for
2		2 years from the date of issue in the same manner as a written
3		prescription signed by the prescriber.
4		(c) A prescription that is generated for a Schedule II
5		controlled substance to be compounded for direct
6		administration to a patient in a private residence, long-term
7		care facility, or hospice program may be transmitted by
8		facsimile by the prescriber or the prescriber's agent to the
9		pharmacy providing the home infusion services. The facsimile
10		serves as the original prescription for purposes of this
11		paragraph (c) and it shall be maintained in the same manner as
12		the original prescription.
13		(c-1) A prescription generated for a Schedule II controlled
14		substance for a patient residing in a hospice certified by
15		Medicare under Title XVIII of the Social Security Act or
16		licensed by the State may be transmitted by the practitioner or
17		the practitioner's agent to the dispensing pharmacy by
18		facsimile or electronically as provided in Section 311.5. The
19		practitioner or practitioner's agent must note on the
20		prescription that the patient is a hospice patient. The
21		facsimile or electronic record serves as the original
22		prescription for purposes of this paragraph (c-1) and it shall
23		be maintained in the same manner as the original prescription.
24		(d) Controlled substances which are lawfully administered
25		and/or dispensed in drug abuse treatment programs licensed by
26		the Department shall be exempt from the requirements of

HB0313 Engrossed - 702 - LRB100 04130 SMS 14135 b
1		Sections 312 and 316, except that the prescription for such
2		controlled substances shall be issued and authenticated on
3		official prescription logs prepared and maintained in
4		accordance with 77 Ill. Adm. Code 2060: Alcoholism and
5		Substance Abuse Treatment and Intervention Licenses, and in
6		compliance with other applicable State and federal laws. The
7		Department-licensed drug treatment program shall report
8		applicable prescriptions via electronic record keeping
9		software approved by the Department. This software must be
10		compatible with the specifications of the Department. Drug
11		abuse treatment programs shall report to the Department
12		methadone prescriptions or medications dispensed through the
13		use of Department-approved File Transfer Protocols (FTPs).
14		Methadone prescription records must be maintained in
15		accordance with the applicable requirements as set forth by the
16		Department in accordance with 77 Ill. Adm. Code 2060:
17		Alcoholism and Substance Abuse Treatment and Intervention
18		Licenses, and in compliance with other applicable State and
19		federal laws.
20		(e) Nothing in this Act shall be construed to limit the
21		authority of a hospital pursuant to Section 65-45 of the Nurse
22		Practice Act to grant hospital clinical privileges to an
23		individual advanced practice registered nurse to select, order
24		or administer medications, including controlled substances to
25		provide services within a hospital. Nothing in this Act shall
26		be construed to limit the authority of an ambulatory surgical

HB0313 Engrossed - 703 - LRB100 04130 SMS 14135 b
1		treatment center pursuant to Section 65-45 of the Nurse
2		Practice Act to grant ambulatory surgical treatment center
3		clinical privileges to an individual advanced practice
4		registered nurse to select, order or administer medications,
5		including controlled substances to provide services within an
6		ambulatory surgical treatment center.
7		(Source: P.A. 97-334, eff. 1-1-12.)
8		(720 ILCS 570/320)
9		Sec. 320. Advisory committee.
10		(a) There is created a Prescription Monitoring Program
11		Advisory Committee to assist the Department of Human Services
12		in implementing the Prescription Monitoring Program created by
13		this Article and to advise the Department on the professional
14		performance of prescribers and dispensers and other matters
15		germane to the advisory committee's field of competence.
16		(b) The Clinical Director of the Prescription Monitoring
17		Program shall appoint members to serve on the advisory
18		committee. The advisory committee shall be composed of
19		prescribers and dispensers as follows: 4 physicians licensed to
20		practice medicine in all its branches; one advanced practice
21		registered nurse; one physician assistant; one optometrist;
22		one dentist; one podiatric physician; and 3 pharmacists. The
23		Clinical Director of the Prescription Monitoring Program may
24		appoint a representative of an organization representing a
25		profession required to be appointed. The Clinical Director of

HB0313 Engrossed - 704 - LRB100 04130 SMS 14135 b
1		the Prescription Monitoring Program shall serve as the chair of
2		the committee.
3		(c) The advisory committee may appoint its other officers
4		as it deems appropriate.
5		(d) The members of the advisory committee shall receive no
6		compensation for their services as members of the advisory
7		committee but may be reimbursed for their actual expenses
8		incurred in serving on the advisory committee.
9		(e) The advisory committee shall:
10		(1) provide a uniform approach to reviewing this Act in
11		order to determine whether changes should be recommended to
12		the General Assembly;
13		(2) review current drug schedules in order to manage
14		changes to the administrative rules pertaining to the
15		utilization of this Act;
16		(3) review the following: current clinical guidelines
17		developed by health care professional organizations on the
18		prescribing of opioids or other controlled substances;
19		accredited continuing education programs related to
20		prescribing and dispensing; programs or information
21		developed by health care professional organizations that
22		may be used to assess patients or help ensure compliance
23		with prescriptions; updates from the Food and Drug
24		Administration, the Centers for Disease Control and
25		Prevention, and other public and private organizations
26		which are relevant to prescribing and dispensing; relevant

HB0313 Engrossed - 705 - LRB100 04130 SMS 14135 b
1		medical studies; and other publications which involve the
2		prescription of controlled substances;
3		(4) make recommendations for inclusion of these
4		materials or other studies which may be effective resources
5		for prescribers and dispensers on the Internet website of
6		the inquiry system established under Section 318;
7		(5) on at least a quarterly basis, review the content
8		of the Internet website of the inquiry system established
9		pursuant to Section 318 to ensure this Internet website has
10		the most current available information;
11		(6) on at least a quarterly basis, review opportunities
12		for federal grants and other forms of funding to support
13		projects which will increase the number of pilot programs
14		which integrate the inquiry system with electronic health
15		records; and
16		(7) on at least a quarterly basis, review communication
17		to be sent to all registered users of the inquiry system
18		established pursuant to Section 318, including
19		recommendations for relevant accredited continuing
20		education and information regarding prescribing and
21		dispensing.
22		(f) The Clinical Director of the Prescription Monitoring
23		Program shall select 5 members, 3 physicians and 2 pharmacists,
24		of the Prescription Monitoring Program Advisory Committee to
25		serve as members of the peer review subcommittee. The purpose
26		of the peer review subcommittee is to advise the Program on

HB0313 Engrossed - 706 - LRB100 04130 SMS 14135 b
1		matters germane to the advisory committee's field of
2		competence, establish a formal peer review of professional
3		performance of prescribers and dispensers, and develop
4		communications to transmit to prescribers and dispensers. The
5		deliberations, information, and communications of the peer
6		review subcommittee are privileged and confidential and shall
7		not be disclosed in any manner except in accordance with
8		current law.
9		(1) The peer review subcommittee shall periodically
10		review the data contained within the prescription
11		monitoring program to identify those prescribers or
12		dispensers who may be prescribing or dispensing outside the
13		currently accepted standards in the course of their
14		professional practice.
15		(2) The peer review subcommittee may identify
16		prescribers or dispensers who may be prescribing outside
17		the currently accepted medical standards in the course of
18		their professional practice and send the identified
19		prescriber or dispenser a request for information
20		regarding their prescribing or dispensing practices. This
21		request for information shall be sent via certified mail,
22		return receipt requested. A prescriber or dispenser shall
23		have 30 days to respond to the request for information.
24		(3) The peer review subcommittee shall refer a
25		prescriber or a dispenser to the Department of Financial
26		and Professional Regulation in the following situations:

HB0313 Engrossed - 707 - LRB100 04130 SMS 14135 b
1		(i) if a prescriber or dispenser does not respond
2		to three successive requests for information;
3		(ii) in the opinion of a majority of members of the
4		peer review subcommittee, the prescriber or dispenser
5		does not have a satisfactory explanation for the
6		practices identified by the peer review subcommittee
7		in its request for information; or
8		(iii) following communications with the peer
9		review subcommittee, the prescriber or dispenser does
10		not sufficiently rectify the practices identified in
11		the request for information in the opinion of a
12		majority of the members of the peer review
13		subcommittee.
14		(4) The Department of Financial and Professional
15		Regulation may initiate an investigation and discipline in
16		accordance with current laws and rules for any prescriber
17		or dispenser referred by the peer review subcommittee.
18		(5) The peer review subcommittee shall prepare an
19		annual report starting on July 1, 2017. This report shall
20		contain the following information: the number of times the
21		peer review subcommittee was convened; the number of
22		prescribers or dispensers who were reviewed by the peer
23		review committee; the number of requests for information
24		sent out by the peer review subcommittee; and the number of
25		prescribers or dispensers referred to the Department of
26		Financial and Professional Regulation. The annual report

HB0313 Engrossed - 708 - LRB100 04130 SMS 14135 b
1		shall be delivered electronically to the Department and to
2		the General Assembly. The report prepared by the peer
3		review subcommittee shall not identify any prescriber,
4		dispenser, or patient.
5		(Source: P.A. 99-480, eff. 9-9-15.)
6		Section 325. The Code of Civil Procedure is amended by
7		changing Section 8-2001 as follows:
8		(735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
9		Sec. 8-2001. Examination of health care records.
10		(a) In this Section:
11		"Health care facility" or "facility" means a public or
12		private hospital, ambulatory surgical treatment center,
13		nursing home, independent practice association, or physician
14		hospital organization, or any other entity where health care
15		services are provided to any person. The term does not include
16		a health care practitioner.
17		"Health care practitioner" means any health care
18		practitioner, including a physician, dentist, podiatric
19		physician, advanced practice registered nurse, physician
20		assistant, clinical psychologist, or clinical social worker.
21		The term includes a medical office, health care clinic, health
22		department, group practice, and any other organizational
23		structure for a licensed professional to provide health care
24		services. The term does not include a health care facility.

HB0313 Engrossed - 709 - LRB100 04130 SMS 14135 b
1		(b) Every private and public health care facility shall,
2		upon the request of any patient who has been treated in such
3		health care facility, or any person, entity, or organization
4		presenting a valid authorization for the release of records
5		signed by the patient or the patient's legally authorized
6		representative, or as authorized by Section 8-2001.5, permit
7		the patient, his or her health care practitioner, authorized
8		attorney, or any person, entity, or organization presenting a
9		valid authorization for the release of records signed by the
10		patient or the patient's legally authorized representative to
11		examine the health care facility patient care records,
12		including but not limited to the history, bedside notes,
13		charts, pictures and plates, kept in connection with the
14		treatment of such patient, and permit copies of such records to
15		be made by him or her or his or her health care practitioner or
16		authorized attorney.
17		(c) Every health care practitioner shall, upon the request
18		of any patient who has been treated by the health care
19		practitioner, or any person, entity, or organization
20		presenting a valid authorization for the release of records
21		signed by the patient or the patient's legally authorized
22		representative, permit the patient and the patient's health
23		care practitioner or authorized attorney, or any person,
24		entity, or organization presenting a valid authorization for
25		the release of records signed by the patient or the patient's
26		legally authorized representative, to examine and copy the

HB0313 Engrossed - 710 - LRB100 04130 SMS 14135 b
1		patient's records, including but not limited to those relating
2		to the diagnosis, treatment, prognosis, history, charts,
3		pictures and plates, kept in connection with the treatment of
4		such patient.
5		(d) A request for copies of the records shall be in writing
6		and shall be delivered to the administrator or manager of such
7		health care facility or to the health care practitioner. The
8		person (including patients, health care practitioners and
9		attorneys) requesting copies of records shall reimburse the
10		facility or the health care practitioner at the time of such
11		copying for all reasonable expenses, including the costs of
12		independent copy service companies, incurred in connection
13		with such copying not to exceed a $20 handling charge for
14		processing the request and the actual postage or shipping
15		charge, if any, plus: (1) for paper copies 75 cents per page
16		for the first through 25th pages, 50 cents per page for the
17		26th through 50th pages, and 25 cents per page for all pages in
18		excess of 50 (except that the charge shall not exceed $1.25 per
19		page for any copies made from microfiche or microfilm; records
20		retrieved from scanning, digital imaging, electronic
21		information or other digital format do not qualify as
22		microfiche or microfilm retrieval for purposes of calculating
23		charges); and (2) for electronic records, retrieved from a
24		scanning, digital imaging, electronic information or other
25		digital format in an electronic document, a charge of 50% of
26		the per page charge for paper copies under subdivision (d)(1).

HB0313 Engrossed - 711 - LRB100 04130 SMS 14135 b
1		This per page charge includes the cost of each CD Rom, DVD, or
2		other storage media. Records already maintained in an
3		electronic or digital format shall be provided in an electronic
4		format when so requested. If the records system does not allow
5		for the creation or transmission of an electronic or digital
6		record, then the facility or practitioner shall inform the
7		requester in writing of the reason the records can not be
8		provided electronically. The written explanation may be
9		included with the production of paper copies, if the requester
10		chooses to order paper copies. These rates shall be
11		automatically adjusted as set forth in Section 8-2006. The
12		facility or health care practitioner may, however, charge for
13		the reasonable cost of all duplication of record material or
14		information that cannot routinely be copied or duplicated on a
15		standard commercial photocopy machine such as x-ray films or
16		pictures.
17		(d-5) The handling fee shall not be collected from the
18		patient or the patient's personal representative who obtains
19		copies of records under Section 8-2001.5.
20		(e) The requirements of this Section shall be satisfied
21		within 30 days of the receipt of a written request by a patient
22		or by his or her legally authorized representative, health care
23		practitioner, authorized attorney, or any person, entity, or
24		organization presenting a valid authorization for the release
25		of records signed by the patient or the patient's legally
26		authorized representative. If the facility or health care

HB0313 Engrossed - 712 - LRB100 04130 SMS 14135 b
1		practitioner needs more time to comply with the request, then
2		within 30 days after receiving the request, the facility or
3		health care practitioner must provide the requesting party with
4		a written statement of the reasons for the delay and the date
5		by which the requested information will be provided. In any
6		event, the facility or health care practitioner must provide
7		the requested information no later than 60 days after receiving
8		the request.
9		(f) A health care facility or health care practitioner must
10		provide the public with at least 30 days prior notice of the
11		closure of the facility or the health care practitioner's
12		practice. The notice must include an explanation of how copies
13		of the facility's records may be accessed by patients. The
14		notice may be given by publication in a newspaper of general
15		circulation in the area in which the health care facility or
16		health care practitioner is located.
17		(g) Failure to comply with the time limit requirement of
18		this Section shall subject the denying party to expenses and
19		reasonable attorneys' fees incurred in connection with any
20		court ordered enforcement of the provisions of this Section.
21		(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12;
22		98-214, eff. 8-9-13; 98-756, eff. 7-16-14.)
23		Section 330. The Good Samaritan Act is amended by changing
24		Sections 30, 34, and 68 as follows:

HB0313 Engrossed - 713 - LRB100 04130 SMS 14135 b
1		(745 ILCS 49/30)
2		Sec. 30. Free medical clinic; exemption from civil
3		liability for services performed without compensation.
4		(a) A person licensed under the Medical Practice Act of
5		1987, a person licensed to practice the treatment of human
6		ailments in any other state or territory of the United States,
7		or a health care professional, including but not limited to an
8		advanced practice registered nurse, physician assistant,
9		nurse, pharmacist, physical therapist, podiatric physician, or
10		social worker licensed in this State or any other state or
11		territory of the United States, who, in good faith, provides
12		medical treatment, diagnosis, or advice as a part of the
13		services of an established free medical clinic providing care
14		to medically indigent patients which is limited to care that
15		does not require the services of a licensed hospital or
16		ambulatory surgical treatment center and who receives no fee or
17		compensation from that source shall not be liable for civil
18		damages as a result of his or her acts or omissions in
19		providing that medical treatment, except for willful or wanton
20		misconduct.
21		(b) For purposes of this Section, a "free medical clinic"
22		is:
23		(1) an organized community based program providing
24		medical care without charge to individuals unable to pay
25		for it, at which the care provided does not include the use
26		of general anesthesia or require an overnight stay in a

HB0313 Engrossed - 714 - LRB100 04130 SMS 14135 b
1		health-care facility; or
2		(2) a program organized by a certified local health
3		department pursuant to Part 600 of Title 77 of the Illinois
4		Administrative Code, utilizing health professional members
5		of the Volunteer Medical Reserve Corps (the federal
6		organization under 42 U.S.C. 300hh-15) providing medical
7		care without charge to individuals unable to pay for it, at
8		which the care provided does not include an overnight stay
9		in a health-care facility.
10		(c) The provisions of subsection (a) of this Section do not
11		apply to a particular case unless the free medical clinic has
12		posted in a conspicuous place on its premises an explanation of
13		the exemption from civil liability provided herein.
14		(d) The immunity from civil damages provided under
15		subsection (a) also applies to physicians, hospitals, and other
16		health care providers that provide further medical treatment,
17		diagnosis, or advice to a patient upon referral from an
18		established free medical clinic without fee or compensation.
19		(e) Nothing in this Section prohibits a free medical clinic
20		from accepting voluntary contributions for medical services
21		provided to a patient who has acknowledged his or her ability
22		and willingness to pay a portion of the value of the medical
23		services provided.
24		Any voluntary contribution collected for providing care at
25		a free medical clinic shall be used only to pay overhead
26		expenses of operating the clinic. No portion of any moneys

HB0313 Engrossed - 715 - LRB100 04130 SMS 14135 b
1		collected shall be used to provide a fee or other compensation
2		to any person licensed under Medical Practice Act of 1987.
3		(f) The changes to this Section made by this amendatory Act
4		of the 99th General Assembly apply only to causes of action
5		accruing on or after the effective date of this amendatory Act
6		of the 99th General Assembly.
7		(Source: P.A. 98-214, eff. 8-9-13; 99-42, eff. 1-1-16.)
8		(745 ILCS 49/34)
9		Sec. 34. Advanced practice registered nurse; exemption
10		from civil liability for emergency care. A person licensed as
11		an advanced practice registered nurse under the Nurse Practice
12		Act who in good faith provides emergency care without fee to a
13		person shall not be liable for civil damages as a result of his
14		or her acts or omissions, except for willful or wanton
15		misconduct on the part of the person in providing the care.
16		(Source: P.A. 95-639, eff. 10-5-07.)
17		(745 ILCS 49/68)
18		Sec. 68. Disaster Relief Volunteers. Any firefighter,
19		licensed emergency medical technician (EMT) as defined by
20		Section 3.50 of the Emergency Medical Services (EMS) Systems
21		Act, physician, dentist, podiatric physician, optometrist,
22		pharmacist, advanced practice registered nurse, physician
23		assistant, or nurse who in good faith and without fee or
24		compensation provides health care services as a disaster relief

HB0313 Engrossed - 716 - LRB100 04130 SMS 14135 b
1		volunteer shall not, as a result of his or her acts or
2		omissions, except willful and wanton misconduct on the part of
3		the person, in providing health care services, be liable to a
4		person to whom the health care services are provided for civil
5		damages. This immunity applies to health care services that are
6		provided without fee or compensation during or within 10 days
7		following the end of a disaster or catastrophic event.
8		The immunity provided in this Section only applies to a
9		disaster relief volunteer who provides health care services in
10		relief of an earthquake, hurricane, tornado, nuclear attack,
11		terrorist attack, epidemic, or pandemic without fee or
12		compensation for providing the volunteer health care services.
13		The provisions of this Section shall not apply to any
14		health care facility as defined in Section 8-2001 of the Code
15		of Civil Procedure or to any practitioner, who is not a
16		disaster relief volunteer, providing health care services in a
17		hospital or health care facility.
18		(Source: P.A. 98-214, eff. 8-9-13.)
19		Section 335. The Health Care Surrogate Act is amended by
20		changing Section 65 as follows:
21		(755 ILCS 40/65)
22		Sec. 65. Department of Public Health Uniform POLST form.
23		(a) An individual of sound mind and having reached the age
24		of majority or having obtained the status of an emancipated

HB0313 Engrossed - 717 - LRB100 04130 SMS 14135 b
1		person pursuant to the Emancipation of Minors Act may execute a
2		document (consistent with the Department of Public Health
3		Uniform POLST form described in Section 2310-600 of the
4		Department of Public Health Powers and Duties Law of the Civil
5		Administrative Code of Illinois) directing that resuscitating
6		efforts shall not be implemented. Such a document may also be
7		executed by an attending health care practitioner. If more than
8		one practitioner shares that responsibility, any of the
9		attending health care practitioners may act under this Section.
10		Notwithstanding the existence of a do-not-resuscitate (DNR)
11		order or Department of Public Health Uniform POLST form,
12		appropriate organ donation treatment may be applied or
13		continued temporarily in the event of the patient's death, in
14		accordance with subsection (g) of Section 20 of this Act, if
15		the patient is an organ donor.
16		(a-5) Execution of a Department of Public Health Uniform
17		POLST form is voluntary; no person can be required to execute
18		either form. A person who has executed a Department of Public
19		Health Uniform POLST form should review the form annually and
20		when the person's condition changes.
21		(b) Consent to a Department of Public Health Uniform POLST
22		form may be obtained from the individual, or from another
23		person at the individual's direction, or from the individual's
24		legal guardian, agent under a power of attorney for health
25		care, or surrogate decision maker, and witnessed by one
26		individual 18 years of age or older, who attests that the

HB0313 Engrossed - 718 - LRB100 04130 SMS 14135 b
1		individual, other person, guardian, agent, or surrogate (1) has
2		had an opportunity to read the form; and (2) has signed the
3		form or acknowledged his or her signature or mark on the form
4		in the witness's presence.
5		(b-5) As used in this Section, "attending health care
6		practitioner" means an individual who (1) is an Illinois
7		licensed physician, advanced practice registered nurse,
8		physician assistant, or licensed resident after completion of
9		one year in a program; (2) is selected by or assigned to the
10		patient; and (3) has primary responsibility for treatment and
11		care of the patient. "POLST" means practitioner orders for
12		life-sustaining treatments.
13		(c) Nothing in this Section shall be construed to affect
14		the ability of an individual to include instructions in an
15		advance directive, such as a power of attorney for health care.
16		The uniform form may, but need not, be in the form adopted by
17		the Department of Public Health pursuant to Section 2310-600 of
18		the Department of Public Health Powers and Duties Law (20 ILCS
19		2310/2310-600).
20		(d) A health care professional or health care provider may
21		presume, in the absence of knowledge to the contrary, that a
22		completed Department of Public Health Uniform POLST form, or a
23		copy of that form or a previous version of the uniform form, is
24		valid. A health care professional or health care provider, or
25		an employee of a health care professional or health care
26		provider, who in good faith complies with a cardiopulmonary

HB0313 Engrossed - 719 - LRB100 04130 SMS 14135 b
1		resuscitation (CPR) or life-sustaining treatment order,
2		Department of Public Health Uniform POLST form, or a previous
3		version of the uniform form made in accordance with this Act is
4		not, as a result of that compliance, subject to any criminal or
5		civil liability, except for willful and wanton misconduct, and
6		may not be found to have committed an act of unprofessional
7		conduct.
8		(e) Nothing in this Section or this amendatory Act of the
9		94th General Assembly or this amendatory Act of the 98th
10		General Assembly shall be construed to affect the ability of a
11		physician or other practitioner to make a do-not-resuscitate
12		order.
13		(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.)
14		Section 340. The Illinois Power of Attorney Act is amended
15		by changing Sections 4-5.1 and 4-10 as follows:
16		(755 ILCS 45/4-5.1)
17		Sec. 4-5.1. Limitations on who may witness health care
18		agencies.
19		(a) Every health care agency shall bear the signature of a
20		witness to the signing of the agency. No witness may be under
21		18 years of age. None of the following licensed professionals
22		providing services to the principal may serve as a witness to
23		the signing of a health care agency:
24		(1) the attending physician, advanced practice

HB0313 Engrossed - 720 - LRB100 04130 SMS 14135 b
1		registered nurse, physician assistant, dentist, podiatric
2		physician, optometrist, or psychologist of the principal,
3		or a relative of the physician, advanced practice
4		registered nurse, physician assistant, dentist, podiatric
5		physician, optometrist, or psychologist;
6		(2) an owner, operator, or relative of an owner or
7		operator of a health care facility in which the principal
8		is a patient or resident;
9		(3) a parent, sibling, or descendant, or the spouse of
10		a parent, sibling, or descendant, of either the principal
11		or any agent or successor agent, regardless of whether the
12		relationship is by blood, marriage, or adoption;
13		(4) an agent or successor agent for health care.
14		(b) The prohibition on the operator of a health care
15		facility from serving as a witness shall extend to directors
16		and executive officers of an operator that is a corporate
17		entity but not other employees of the operator such as, but not
18		limited to, non-owner chaplains or social workers, nurses, and
19		other employees.
20		(Source: P.A. 98-1113, eff. 1-1-15; 99-328, eff. 1-1-16.)
21		(755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
22		Sec. 4-10. Statutory short form power of attorney for
23		health care.
24		(a) The form prescribed in this Section (sometimes also
25		referred to in this Act as the "statutory health care power")

HB0313 Engrossed - 721 - LRB100 04130 SMS 14135 b
1		may be used to grant an agent powers with respect to the
2		principal's own health care; but the statutory health care
3		power is not intended to be exclusive nor to cover delegation
4		of a parent's power to control the health care of a minor
5		child, and no provision of this Article shall be construed to
6		invalidate or bar use by the principal of any other or
7		different form of power of attorney for health care.
8		Nonstatutory health care powers must be executed by the
9		principal, designate the agent and the agent's powers, and
10		comply with the limitations in Section 4-5 of this Article, but
11		they need not be witnessed or conform in any other respect to
12		the statutory health care power.
13		No specific format is required for the statutory health
14		care power of attorney other than the notice must precede the
15		form. The statutory health care power may be included in or
16		combined with any other form of power of attorney governing
17		property or other matters.
18		(b) The Illinois Statutory Short Form Power of Attorney for
19		Health Care shall be substantially as follows:
20		NOTICE TO THE INDIVIDUAL SIGNING
21		THE POWER OF ATTORNEY FOR HEALTH CARE
22		No one can predict when a serious illness or accident might
23		occur. When it does, you may need someone else to speak or make
24		health care decisions for you. If you plan now, you can
25		increase the chances that the medical treatment you get will be

HB0313 Engrossed - 722 - LRB100 04130 SMS 14135 b
1		the treatment you want.
2		In Illinois, you can choose someone to be your "health care
3		agent". Your agent is the person you trust to make health care
4		decisions for you if you are unable or do not want to make them
5		yourself. These decisions should be based on your personal
6		values and wishes.
7		It is important to put your choice of agent in writing. The
8		written form is often called an "advance directive". You may
9		use this form or another form, as long as it meets the legal
10		requirements of Illinois. There are many written and on-line
11		resources to guide you and your loved ones in having a
12		conversation about these issues. You may find it helpful to
13		look at these resources while thinking about and discussing
14		your advance directive.
15		WHAT ARE THE THINGS I WANT MY
16		HEALTH CARE AGENT TO KNOW?
17		The selection of your agent should be considered carefully,
18		as your agent will have the ultimate decision making authority
19		once this document goes into effect, in most instances after
20		you are no longer able to make your own decisions. While the
21		goal is for your agent to make decisions in keeping with your
22		preferences and in the majority of circumstances that is what
23		happens, please know that the law does allow your agent to make
24		decisions to direct or refuse health care interventions or
25		withdraw treatment. Your agent will need to think about

HB0313 Engrossed - 723 - LRB100 04130 SMS 14135 b
1		conversations you have had, your personality, and how you
2		handled important health care issues in the past. Therefore, it
3		is important to talk with your agent and your family about such
4		things as:
5		(i) What is most important to you in your life?
6		(ii) How important is it to you to avoid pain and
7		suffering?
8		(iii) If you had to choose, is it more important to you
9		to live as long as possible, or to avoid prolonged
10		suffering or disability?
11		(iv) Would you rather be at home or in a hospital for
12		the last days or weeks of your life?
13		(v) Do you have religious, spiritual, or cultural
14		beliefs that you want your agent and others to consider?
15		(vi) Do you wish to make a significant contribution to
16		medical science after your death through organ or whole
17		body donation?
18		(vii) Do you have an existing advanced directive, such
19		as a living will, that contains your specific wishes about
20		health care that is only delaying your death? If you have
21		another advance directive, make sure to discuss with your
22		agent the directive and the treatment decisions contained
23		within that outline your preferences. Make sure that your
24		agent agrees to honor the wishes expressed in your advance
25		directive.

HB0313 Engrossed - 724 - LRB100 04130 SMS 14135 b
1		WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
2		If there is ever a period of time when your physician
3		determines that you cannot make your own health care decisions,
4		or if you do not want to make your own decisions, some of the
5		decisions your agent could make are to:
6		(i) talk with physicians and other health care
7		providers about your condition.
8		(ii) see medical records and approve who else can see
9		them.
10		(iii) give permission for medical tests, medicines,
11		surgery, or other treatments.
12		(iv) choose where you receive care and which physicians
13		and others provide it.
14		(v) decide to accept, withdraw, or decline treatments
15		designed to keep you alive if you are near death or not
16		likely to recover. You may choose to include guidelines
17		and/or restrictions to your agent's authority.
18		(vi) agree or decline to donate your organs or your
19		whole body if you have not already made this decision
20		yourself. This could include donation for transplant,
21		research, and/or education. You should let your agent know
22		whether you are registered as a donor in the First Person
23		Consent registry maintained by the Illinois Secretary of
24		State or whether you have agreed to donate your whole body
25		for medical research and/or education.
26		(vii) decide what to do with your remains after you

HB0313 Engrossed - 725 - LRB100 04130 SMS 14135 b
1		have died, if you have not already made plans.
2		(viii) talk with your other loved ones to help come to
3		a decision (but your designated agent will have the final
4		say over your other loved ones).
5		Your agent is not automatically responsible for your health
6		care expenses.
7		WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
8		You can pick a family member, but you do not have to. Your
9		agent will have the responsibility to make medical treatment
10		decisions, even if other people close to you might urge a
11		different decision. The selection of your agent should be done
12		carefully, as he or she will have ultimate decision-making
13		authority for your treatment decisions once you are no longer
14		able to voice your preferences. Choose a family member, friend,
15		or other person who:
16		(i) is at least 18 years old;
17		(ii) knows you well;
18		(iii) you trust to do what is best for you and is
19		willing to carry out your wishes, even if he or she may not
20		agree with your wishes;
21		(iv) would be comfortable talking with and questioning
22		your physicians and other health care providers;
23		(v) would not be too upset to carry out your wishes if
24		you became very sick; and
25		(vi) can be there for you when you need it and is

HB0313 Engrossed - 726 - LRB100 04130 SMS 14135 b
1		willing to accept this important role.
2		WHAT IF MY AGENT IS NOT AVAILABLE OR IS
3		UNWILLING TO MAKE DECISIONS FOR ME?
4		If the person who is your first choice is unable to carry
5		out this role, then the second agent you chose will make the
6		decisions; if your second agent is not available, then the
7		third agent you chose will make the decisions. The second and
8		third agents are called your successor agents and they function
9		as back-up agents to your first choice agent and may act only
10		one at a time and in the order you list them.
11		WHAT WILL HAPPEN IF I DO NOT
12		CHOOSE A HEALTH CARE AGENT?
13		If you become unable to make your own health care decisions
14		and have not named an agent in writing, your physician and
15		other health care providers will ask a family member, friend,
16		or guardian to make decisions for you. In Illinois, a law
17		directs which of these individuals will be consulted. In that
18		law, each of these individuals is called a "surrogate".
19		There are reasons why you may want to name an agent rather
20		than rely on a surrogate:
21		(i) The person or people listed by this law may not be
22		who you would want to make decisions for you.
23		(ii) Some family members or friends might not be able
24		or willing to make decisions as you would want them to.

HB0313 Engrossed - 727 - LRB100 04130 SMS 14135 b
1		(iii) Family members and friends may disagree with one
2		another about the best decisions.
3		(iv) Under some circumstances, a surrogate may not be
4		able to make the same kinds of decisions that an agent can
5		make.
6		WHAT IF THERE IS NO ONE AVAILABLE
7		WHOM I TRUST TO BE MY AGENT?
8		In this situation, it is especially important to talk to
9		your physician and other health care providers and create
10		written guidance about what you want or do not want, in case
11		you are ever critically ill and cannot express your own wishes.
12		You can complete a living will. You can also write your wishes
13		down and/or discuss them with your physician or other health
14		care provider and ask him or her to write it down in your
15		chart. You might also want to use written or on-line resources
16		to guide you through this process.
17		WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
18		Follow these instructions after you have completed the
19		form:
20		(i) Sign the form in front of a witness. See the form
21		for a list of who can and cannot witness it.
22		(ii) Ask the witness to sign it, too.
23		(iii) There is no need to have the form notarized.
24		(iv) Give a copy to your agent and to each of your

HB0313 Engrossed - 728 - LRB100 04130 SMS 14135 b
1		successor agents.
2		(v) Give another copy to your physician.
3		(vi) Take a copy with you when you go to the hospital.
4		(vii) Show it to your family and friends and others who
5		care for you.
6		WHAT IF I CHANGE MY MIND?
7		You may change your mind at any time. If you do, tell
8		someone who is at least 18 years old that you have changed your
9		mind, and/or destroy your document and any copies. If you wish,
10		fill out a new form and make sure everyone you gave the old
11		form to has a copy of the new one, including, but not limited
12		to, your agents and your physicians.
13		WHAT IF I DO NOT WANT TO USE THIS FORM?
14		In the event you do not want to use the Illinois statutory
15		form provided here, any document you complete must be executed
16		by you, designate an agent who is over 18 years of age and not
17		prohibited from serving as your agent, and state the agent's
18		powers, but it need not be witnessed or conform in any other
19		respect to the statutory health care power.
20		If you have questions about the use of any form, you may
21		want to consult your physician, other health care provider,
22		and/or an attorney.
23		MY POWER OF ATTORNEY FOR HEALTH CARE

HB0313 Engrossed - 729 - LRB100 04130 SMS 14135 b
1		THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
2		FOR HEALTH CARE. (You must sign this form and a witness must
3		also sign it before it is valid)
4		My name (Print your full name):..........
5		My address:..................................................
6		I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
7		(an agent is your personal representative under state and
8		federal law):
9		(Agent name).................
10		(Agent address).............
11		(Agent phone number).........................................
12		(Please check box if applicable) .... If a guardian of my
13		person is to be appointed, I nominate the agent acting under
14		this power of attorney as guardian.
15		SUCCESSOR HEALTH CARE AGENT(S) (optional):
16		If the agent I selected is unable or does not want to make
17		health care decisions for me, then I request the person(s) I
18		name below to be my successor health care agent(s). Only one
19		person at a time can serve as my agent (add another page if you
20		want to add more successor agent names):
21		.....................

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1		(Successor agent #1 name, address and phone number)
2		..........
3		(Successor agent #2 name, address and phone number)
4		MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
5		(i) Deciding to accept, withdraw or decline treatment
6		for any physical or mental condition of mine, including
7		life-and-death decisions.
8		(ii) Agreeing to admit me to or discharge me from any
9		hospital, home, or other institution, including a mental
10		health facility.
11		(iii) Having complete access to my medical and mental
12		health records, and sharing them with others as needed,
13		including after I die.
14		(iv) Carrying out the plans I have already made, or, if
15		I have not done so, making decisions about my body or
16		remains, including organ, tissue or whole body donation,
17		autopsy, cremation, and burial.
18		The above grant of power is intended to be as broad as
19		possible so that my agent will have the authority to make any
20		decision I could make to obtain or terminate any type of health
21		care, including withdrawal of nutrition and hydration and other
22		life-sustaining measures.
23		I AUTHORIZE MY AGENT TO (please check any one box):
24		.... Make decisions for me only when I cannot make them for

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1		myself. The physician(s) taking care of me will determine
2		when I lack this ability.
3		(If no box is checked, then the box above shall be
4		implemented.) OR
5		.... Make decisions for me only when I cannot make them for
6		myself. The physician(s) taking care of me will determine
7		when I lack this ability. Starting now, for the purpose of
8		assisting me with my health care plans and decisions, my
9		agent shall have complete access to my medical and mental
10		health records, the authority to share them with others as
11		needed, and the complete ability to communicate with my
12		personal physician(s) and other health care providers,
13		including the ability to require an opinion of my physician
14		as to whether I lack the ability to make decisions for
15		myself. OR
16		.... Make decisions for me starting now and continuing
17		after I am no longer able to make them for myself. While I
18		am still able to make my own decisions, I can still do so
19		if I want to.
20		The subject of life-sustaining treatment is of particular
21		importance. Life-sustaining treatments may include tube
22		feedings or fluids through a tube, breathing machines, and CPR.
23		In general, in making decisions concerning life-sustaining
24		treatment, your agent is instructed to consider the relief of
25		suffering, the quality as well as the possible extension of

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1		your life, and your previously expressed wishes. Your agent
2		will weigh the burdens versus benefits of proposed treatments
3		in making decisions on your behalf.
4		Additional statements concerning the withholding or
5		removal of life-sustaining treatment are described below.
6		These can serve as a guide for your agent when making decisions
7		for you. Ask your physician or health care provider if you have
8		any questions about these statements.
9		SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR WISHES
10		(optional):
11		.... The quality of my life is more important than the
12		length of my life. If I am unconscious and my attending
13		physician believes, in accordance with reasonable medical
14		standards, that I will not wake up or recover my ability to
15		think, communicate with my family and friends, and
16		experience my surroundings, I do not want treatments to
17		prolong my life or delay my death, but I do want treatment
18		or care to make me comfortable and to relieve me of pain.
19		.... Staying alive is more important to me, no matter how
20		sick I am, how much I am suffering, the cost of the
21		procedures, or how unlikely my chances for recovery are. I
22		want my life to be prolonged to the greatest extent
23		possible in accordance with reasonable medical standards.
24		SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:

HB0313 Engrossed - 733 - LRB100 04130 SMS 14135 b
1		The above grant of power is intended to be as broad as
2		possible so that your agent will have the authority to make any
3		decision you could make to obtain or terminate any type of
4		health care. If you wish to limit the scope of your agent's
5		powers or prescribe special rules or limit the power to
6		authorize autopsy or dispose of remains, you may do so
7		specifically in this form.
8		..................................
9		..............................
10		My signature:..................
11		Today's date:................................................
12		HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
13		COMPLETE THE SIGNATURE PORTION:
14		I am at least 18 years old. (check one of the options
15		below):
16		.... I saw the principal sign this document, or
17		.... the principal told me that the signature or mark on
18		the principal signature line is his or hers.
19		I am not the agent or successor agent(s) named in this
20		document. I am not related to the principal, the agent, or the
21		successor agent(s) by blood, marriage, or adoption. I am not
22		the principal's physician, advanced practice registered nurse,
23		dentist, podiatric physician, optometrist, psychologist, or a
24		relative of one of those individuals. I am not an owner or

HB0313 Engrossed - 734 - LRB100 04130 SMS 14135 b
1		operator (or the relative of an owner or operator) of the
2		health care facility where the principal is a patient or
3		resident.
4		Witness printed name:............
5		Witness address:..............
6		Witness signature:...............
7		Today's date:................................................
8		(c) The statutory short form power of attorney for health
9		care (the "statutory health care power") authorizes the agent
10		to make any and all health care decisions on behalf of the
11		principal which the principal could make if present and under
12		no disability, subject to any limitations on the granted powers
13		that appear on the face of the form, to be exercised in such
14		manner as the agent deems consistent with the intent and
15		desires of the principal. The agent will be under no duty to
16		exercise granted powers or to assume control of or
17		responsibility for the principal's health care; but when
18		granted powers are exercised, the agent will be required to use
19		due care to act for the benefit of the principal in accordance
20		with the terms of the statutory health care power and will be
21		liable for negligent exercise. The agent may act in person or
22		through others reasonably employed by the agent for that
23		purpose but may not delegate authority to make health care
24		decisions. The agent may sign and deliver all instruments,
25		negotiate and enter into all agreements and do all other acts

HB0313 Engrossed - 735 - LRB100 04130 SMS 14135 b
1		reasonably necessary to implement the exercise of the powers
2		granted to the agent. Without limiting the generality of the
3		foregoing, the statutory health care power shall include the
4		following powers, subject to any limitations appearing on the
5		face of the form:
6		(1) The agent is authorized to give consent to and
7		authorize or refuse, or to withhold or withdraw consent to,
8		any and all types of medical care, treatment or procedures
9		relating to the physical or mental health of the principal,
10		including any medication program, surgical procedures,
11		life-sustaining treatment or provision of food and fluids
12		for the principal.
13		(2) The agent is authorized to admit the principal to
14		or discharge the principal from any and all types of
15		hospitals, institutions, homes, residential or nursing
16		facilities, treatment centers and other health care
17		institutions providing personal care or treatment for any
18		type of physical or mental condition. The agent shall have
19		the same right to visit the principal in the hospital or
20		other institution as is granted to a spouse or adult child
21		of the principal, any rule of the institution to the
22		contrary notwithstanding.
23		(3) The agent is authorized to contract for any and all
24		types of health care services and facilities in the name of
25		and on behalf of the principal and to bind the principal to
26		pay for all such services and facilities, and to have and

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1		exercise those powers over the principal's property as are
2		authorized under the statutory property power, to the
3		extent the agent deems necessary to pay health care costs;
4		and the agent shall not be personally liable for any
5		services or care contracted for on behalf of the principal.
6		(4) At the principal's expense and subject to
7		reasonable rules of the health care provider to prevent
8		disruption of the principal's health care, the agent shall
9		have the same right the principal has to examine and copy
10		and consent to disclosure of all the principal's medical
11		records that the agent deems relevant to the exercise of
12		the agent's powers, whether the records relate to mental
13		health or any other medical condition and whether they are
14		in the possession of or maintained by any physician,
15		psychiatrist, psychologist, therapist, hospital, nursing
16		home or other health care provider. The authority under
17		this paragraph (4) applies to any information governed by
18		the Health Insurance Portability and Accountability Act of
19		1996 ("HIPAA") and regulations thereunder. The agent
20		serves as the principal's personal representative, as that
21		term is defined under HIPAA and regulations thereunder.
22		(5) The agent is authorized: to direct that an autopsy
23		be made pursuant to Section 2 of "An Act in relation to
24		autopsy of dead bodies", approved August 13, 1965,
25		including all amendments; to make a disposition of any part
26		or all of the principal's body pursuant to the Illinois

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1		Anatomical Gift Act, as now or hereafter amended; and to
2		direct the disposition of the principal's remains.
3		(6) At any time during which there is no executor or
4		administrator appointed for the principal's estate, the
5		agent is authorized to continue to pursue an application or
6		appeal for government benefits if those benefits were
7		applied for during the life of the principal.
8		(d) A physician may determine that the principal is unable
9		to make health care decisions for himself or herself only if
10		the principal lacks decisional capacity, as that term is
11		defined in Section 10 of the Health Care Surrogate Act.
12		(e) If the principal names the agent as a guardian on the
13		statutory short form, and if a court decides that the
14		appointment of a guardian will serve the principal's best
15		interests and welfare, the court shall appoint the agent to
16		serve without bond or security.
17		(Source: P.A. 98-1113, eff. 1-1-15; 99-328, eff. 1-1-16.)
18		Section 995. No acceleration or delay. Where this Act makes
19		changes in a statute that is represented in this Act by text
20		that is not yet or no longer in effect (for example, a Section
21		represented by multiple versions), the use of that text does
22		not accelerate or delay the taking effect of (i) the changes
23		made by this Act or (ii) provisions derived from any other
24		Public Act.
25		Section 999. Effective date. This Act takes effect upon

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1		becoming law.