Rep. Sara Feigenholtz

Filed: 3/24/2017

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1 AMENDMENT TO HOUSE BILL 313

2 AMENDMENT NO. ______. Amend House Bill 313 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Regulatory Sunset Act is amended by

5 changing 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 Acts repealed on January 1, 2018.The following

8 Acts are repealed on January 1, 2018: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.

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1 The Pharmacy Practice Act.

2 The Home Medical Equipment and Services Provider License

3 Act.

4 The Marriage and Family Therapy Licensing Act.

5 The Nursing Home Administrators Licensing and Disciplinary

6 Act.

7 The Physician Assistant Practice Act of 1987.

8 (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;

9 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.

10 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,

11 eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;

12 96-328, eff. 8-11-09.)

13 (5 ILCS 80/4.38 new)

14 Sec. 4.38. Act repealed on January 1, 2028. The following

15 Act is repealed on January 1, 2028:

16 The Nurse Practice Act.

17 Section 10. The State Employees Group Insurance Act of 1971

18 is amended by changing Section 6.11A as follows:

19 (5 ILCS 375/6.11A)

20 Sec. 6.11A. Physical therapy and occupational therapy.

21 (a) The program of health benefits provided under this Act

22 shall provide coverage for medically necessary physical

23 therapy and occupational therapy when that therapy is ordered

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1 for the treatment of autoimmune diseases or referred for the

2 same purpose by (i) a physician licensed under the Medical

3 Practice Act of 1987, (ii) a physician assistant licensed under

4 the Physician Assistant Practice Act of 1987, or (iii) an

5 advanced practice registered nurse licensed under the Nurse

6 Practice Act.

7 (b) For the purpose of this Section, "medically necessary"

8 means any care, treatment, intervention, service, or item that

9 will or is reasonably expected to:

10 (i) prevent the onset of an illness, condition, injury,

11 disease, or disability;

12 (ii) reduce or ameliorate the physical, mental, or

13 developmental effects of an illness, condition, injury,

14 disease, or disability; or

15 (iii) assist the achievement or maintenance of maximum

16 functional activity in performing daily activities.

17 (c) The coverage required under this Section shall be

18 subject to the same deductible, coinsurance, waiting period,

19 cost sharing limitation, treatment limitation, calendar year

20 maximum, or other limitations as provided for other physical or

21 rehabilitative or occupational therapy benefits covered by the

22 policy.

23 (d) Upon request of the reimbursing insurer, the provider

24 of the physical therapy or occupational therapy shall furnish

25 medical records, clinical notes, or other necessary data that

26 substantiate that initial or continued treatment is medically

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1 necessary. When treatment is anticipated to require continued

2 services to achieve demonstrable progress, the insurer may

3 request a treatment plan consisting of the diagnosis, proposed

4 treatment by type, proposed frequency of treatment,

5 anticipated duration of treatment, anticipated outcomes stated

6 as goals, and proposed frequency of updating the treatment

7 plan.

8 (e) When making a determination of medical necessity for

9 treatment, an insurer must make the determination in a manner

10 consistent with the manner in which that determination is made

11 with respect to other diseases or illnesses covered under the

12 policy, including an appeals process. During the appeals

13 process, any challenge to medical necessity may be viewed as

14 reasonable only if the review includes a licensed health care

15 professional with the same category of license as the

16 professional who ordered or referred the service in question

17 and with expertise in the most current and effective treatment.

18 (Source: P.A. 99-581, eff. 1-1-17.)

19 Section 15. The Election Code is amended by changing

20 Sections 19-12.1 and 19-13 as follows:

21 (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)

22 Sec. 19-12.1. Any qualified elector who has secured an

23 Illinois Person with a Disability Identification Card in

24 accordance with the Illinois Identification Card Act,

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1 indicating that the person named thereon has a Class 1A or

2 Class 2 disability or any qualified voter who has a permanent

3 physical incapacity of such a nature as to make it improbable

4 that he will be able to be present at the polls at any future

5 election, or any voter who is a resident of (i) a federally

6 operated veterans' home, hospital, or facility located in

7 Illinois or (ii) a facility licensed or certified pursuant to

8 the Nursing Home Care Act, the Specialized Mental Health

9 Rehabilitation Act of 2013, the ID/DD Community Care Act, or

10 the MC/DD Act and has a condition or disability of such a

11 nature as to make it improbable that he will be able to be

12 present at the polls at any future election, may secure a

13 voter's identification card for persons with disabilities or a

14 nursing home resident's identification card, which will enable

15 him to vote under this Article as a physically incapacitated or

16 nursing home voter. For the purposes of this Section,

17 "federally operated veterans' home, hospital, or facility"

18 means the long-term care facilities at the Jesse Brown VA

19 Medical Center, Illiana Health Care System, Edward Hines, Jr.

20 VA Hospital, Marion VA Medical Center, and Captain James A.

21 Lovell Federal Health Care Center.

22 Application for a voter's identification card for persons

23 with disabilities or a nursing home resident's identification

24 card shall be made either: (a) in writing, with voter's sworn

25 affidavit, to the county clerk or board of election

26 commissioners, as the case may be, and shall be accompanied by

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1 the affidavit of the attending physician, advanced practice

2 registered nurse, or a physician assistant specifically

3 describing the nature of the physical incapacity or the fact

4 that the voter is a nursing home resident and is physically

5 unable to be present at the polls on election days; or (b) by

6 presenting, in writing or otherwise, to the county clerk or

7 board of election commissioners, as the case may be, proof that

8 the applicant has secured an Illinois Person with a Disability

9 Identification Card indicating that the person named thereon

10 has a Class 1A or Class 2 disability. Upon the receipt of

11 either the sworn-to application and the physician's, advanced

12 practice registered nurse's, or a physician assistant's

13 affidavit or proof that the applicant has secured an Illinois

14 Person with a Disability Identification Card indicating that

15 the person named thereon has a Class 1A or Class 2 disability,

16 the county clerk or board of election commissioners shall issue

17 a voter's identification card for persons with disabilities or

18 a nursing home resident's identification card. Such

19 identification cards shall be issued for a period of 5 years,

20 upon the expiration of which time the voter may secure a new

21 card by making application in the same manner as is prescribed

22 for the issuance of an original card, accompanied by a new

23 affidavit of the attending physician, advanced practice

24 registered nurse, or a physician assistant. The date of

25 expiration of such five-year period shall be made known to any

26 interested person by the election authority upon the request of

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1 such person. Applications for the renewal of the identification

2 cards shall be mailed to the voters holding such cards not less

3 than 3 months prior to the date of expiration of the cards.

4 Each voter's identification card for persons with

5 disabilities or nursing home resident's identification card

6 shall bear an identification number, which shall be clearly

7 noted on the voter's original and duplicate registration record

8 cards. In the event the holder becomes physically capable of

9 resuming normal voting, he must surrender his voter's

10 identification card for persons with disabilities or nursing

11 home resident's identification card to the county clerk or

12 board of election commissioners before the next election.

13 The holder of a voter's identification card for persons

14 with disabilities or a nursing home resident's identification

15 card may make application by mail for an official ballot within

16 the time prescribed by Section 19-2. Such application shall

17 contain the same information as is included in the form of

18 application for ballot by a physically incapacitated elector

19 prescribed in Section 19-3 except that it shall also include

20 the applicant's voter's identification card for persons with

21 disabilities card number and except that it need not be sworn

22 to. If an examination of the records discloses that the

23 applicant is lawfully entitled to vote, he shall be mailed a

24 ballot as provided in Section 19-4. The ballot envelope shall

25 be the same as that prescribed in Section 19-5 for voters with

26 physical disabilities, and the manner of voting and returning

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1 the ballot shall be the same as that provided in this Article

2 for other vote by mail ballots, except that a statement to be

3 subscribed to by the voter but which need not be sworn to shall

4 be placed on the ballot envelope in lieu of the affidavit

5 prescribed by Section 19-5.

6 Any person who knowingly subscribes to a false statement in

7 connection with voting under this Section shall be guilty of a

8 Class A misdemeanor.

9 For the purposes of this Section, "nursing home resident"

10 includes a resident of (i) a federally operated veterans' home,

11 hospital, or facility located in Illinois or (ii) a facility

12 licensed under the ID/DD Community Care Act, the MC/DD Act, or

13 the Specialized Mental Health Rehabilitation Act of 2013. For

14 the purposes of this Section, "federally operated veterans'

15 home, hospital, or facility" means the long-term care

16 facilities at the Jesse Brown VA Medical Center, Illiana Health

17 Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical

18 Center, and Captain James A. Lovell Federal Health Care Center.

19 (Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;

20 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff.

21 1-1-17; 99-642, eff. 6-28-16.)

22 (10 ILCS 5/19-13) (from Ch. 46, par. 19-13)

23 Sec. 19-13. Any qualified voter who has been admitted to a

24 hospital, nursing home, or rehabilitation center due to an

25 illness or physical injury not more than 14 days before an

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1 election shall be entitled to personal delivery of a vote by

2 mail ballot in the hospital, nursing home, or rehabilitation

3 center subject to the following conditions:

4 (1) The voter completes the Application for Physically

5 Incapacitated Elector as provided in Section 19-3, stating as

6 reasons therein that he is a patient in ............... (name

7 of hospital/home/center), ............... located at,

8 ............... (address of hospital/home/center),

9 ............... (county, city/village), was admitted for

10 ............... (nature of illness or physical injury), on

11 ............... (date of admission), and does not expect to be

12 released from the hospital/home/center on or before the day of

13 election or, if released, is expected to be homebound on the

14 day of the election and unable to travel to the polling place.

15 (2) The voter's physician, advanced practice registered

16 nurse, or physician assistant completes a Certificate of

17 Attending Health Care Professional in a form substantially as

18 follows:

19 CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL

20 I state that I am a physician, advanced practice registered

21 nurse, or physician assistant, duly licensed to practice in the

22 State of .........; that .......... is a patient in ..........

23 (name of hospital/home/center), located at .............

24 (address of hospital/home/center), ................. (county,

25 city/village); that such individual was admitted for

26 ............. (nature of illness or physical injury), on

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1 ............ (date of admission); and that I have examined such

2 individual in the State in which I am licensed to practice and

3 do not expect such individual to be released from the

4 hospital/home/center on or before the day of election or, if

5 released, to be able to travel to the polling place on election

6 day.

7 Under penalties as provided by law pursuant to Section

8 29-10 of The Election Code, the undersigned certifies that the

9 statements set forth in this certification are true and

10 correct.

(Signature) ...............

(Date licensed) ............

13 (3) Any person who is registered to vote in the same

14 precinct as the admitted voter or any legal relative of the

15 admitted voter may present such voter's vote by mail ballot

16 application, completed as prescribed in paragraph 1,

17 accompanied by the physician's, advanced practice registered

18 nurse's, or a physician assistant's certificate, completed as

19 prescribed in paragraph 2, to the election authority. Such

20 precinct voter or relative shall execute and sign an affidavit

21 furnished by the election authority attesting that he is a

22 registered voter in the same precinct as the admitted voter or

23 that he is a legal relative of the admitted voter and stating

24 the nature of the relationship. Such precinct voter or relative

25 shall further attest that he has been authorized by the

26 admitted voter to obtain his or her vote by mail ballot from

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1 the election authority and deliver such ballot to him in the

2 hospital, home, or center.

3 Upon receipt of the admitted voter's application,

4 physician's, advanced practice registered nurse's, or a

5 physician assistant's certificate, and the affidavit of the

6 precinct voter or the relative, the election authority shall

7 examine the registration records to determine if the applicant

8 is qualified to vote and, if found to be qualified, shall

9 provide the precinct voter or the relative the vote by mail

10 ballot for delivery to the applicant.

11 Upon receipt of the vote by mail ballot, the admitted voter

12 shall mark the ballot in secret and subscribe to the

13 certifications on the vote by mail ballot return envelope.

14 After depositing the ballot in the return envelope and securely

15 sealing the envelope, such voter shall give the envelope to the

16 precinct voter or the relative who shall deliver it to the

17 election authority in sufficient time for the ballot to be

18 delivered by the election authority to the election authority's

19 central ballot counting location before 7 p.m. on election day.

20 Upon receipt of the admitted voter's vote by mail ballot,

21 the ballot shall be counted in the manner prescribed in this

22 Article.

23 (Source: P.A. 98-1171, eff. 6-1-15; 99-581, eff. 1-1-17.)

24 Section 20. The Illinois Identification Card Act is amended

25 by changing Section 4 as follows:

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1 (15 ILCS 335/4) (from Ch. 124, par. 24)

2 (Text of Section before amendment by P.A. 99-907)

3 Sec. 4. Identification card.

4 (a) The Secretary of State shall issue a standard Illinois

5 Identification Card to any natural person who is a resident of

6 the State of Illinois who applies for such card, or renewal

7 thereof, or who applies for a standard Illinois Identification

8 Card upon release as a committed person on parole, mandatory

9 supervised release, aftercare release, final discharge, or

10 pardon from the Department of Corrections or Department of

11 Juvenile Justice by submitting an identification card issued by

12 the Department of Corrections or Department of Juvenile Justice

13 under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of

14 Corrections, together with the prescribed fees. No

15 identification card shall be issued to any person who holds a

16 valid foreign state identification card, license, or permit

17 unless the person first surrenders to the Secretary of State

18 the valid foreign state identification card, license, or

19 permit. The card shall be prepared and supplied by the

20 Secretary of State and shall include a photograph and signature

21 or mark of the applicant. However, the Secretary of State may

22 provide by rule for the issuance of Illinois Identification

23 Cards without photographs if the applicant has a bona fide

24 religious objection to being photographed or to the display of

25 his or her photograph. The Illinois Identification Card may be

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1 used for identification purposes in any lawful situation only

2 by the person to whom it was issued. As used in this Act,

3 "photograph" means any color photograph or digitally produced

4 and captured image of an applicant for an identification card.

5 As used in this Act, "signature" means the name of a person as

6 written by that person and captured in a manner acceptable to

7 the Secretary of State.

8 (a-5) If an applicant for an identification card has a

9 current driver's license or instruction permit issued by the

10 Secretary of State, the Secretary may require the applicant to

11 utilize the same residence address and name on the

12 identification card, driver's license, and instruction permit

13 records maintained by the Secretary. The Secretary may

14 promulgate rules to implement this provision.

15 (a-10) If the applicant is a judicial officer as defined in

16 Section 1-10 of the Judicial Privacy Act or a peace officer,

17 the applicant may elect to have his or her office or work

18 address listed on the card instead of the applicant's residence

19 or mailing address. The Secretary may promulgate rules to

20 implement this provision. For the purposes of this subsection

21 (a-10), "peace officer" means any person who by virtue of his

22 or her office or public employment is vested by law with a duty

23 to maintain public order or to make arrests for a violation of

24 any penal statute of this State, whether that duty extends to

25 all violations or is limited to specific violations.

26 (a-15) The Secretary of State may provide for an expedited

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1 process for the issuance of an Illinois Identification Card.

2 The Secretary shall charge an additional fee for the expedited

3 issuance of an Illinois Identification Card, to be set by rule,

4 not to exceed $75. All fees collected by the Secretary for

5 expedited Illinois Identification Card service shall be

6 deposited into the Secretary of State Special Services Fund.

7 The Secretary may adopt rules regarding the eligibility,

8 process, and fee for an expedited Illinois Identification Card.

9 If the Secretary of State determines that the volume of

10 expedited identification card requests received on a given day

11 exceeds the ability of the Secretary to process those requests

12 in an expedited manner, the Secretary may decline to provide

13 expedited services, and the additional fee for the expedited

14 service shall be refunded to the applicant.

15 (b) The Secretary of State shall issue a special Illinois

16 Identification Card, which shall be known as an Illinois Person

17 with a Disability Identification Card, to any natural person

18 who is a resident of the State of Illinois, who is a person

19 with a disability as defined in Section 4A of this Act, who

20 applies for such card, or renewal thereof. No Illinois Person

21 with a Disability Identification Card shall be issued to any

22 person who holds a valid foreign state identification card,

23 license, or permit unless the person first surrenders to the

24 Secretary of State the valid foreign state identification card,

25 license, or permit. The Secretary of State shall charge no fee

26 to issue such card. The card shall be prepared and supplied by

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1 the Secretary of State, and shall include a photograph and

2 signature or mark of the applicant, a designation indicating

3 that the card is an Illinois Person with a Disability

4 Identification Card, and shall include a comprehensible

5 designation of the type and classification of the applicant's

6 disability as set out in Section 4A of this Act. However, the

7 Secretary of State may provide by rule for the issuance of

8 Illinois Person with a Disability Identification Cards without

9 photographs if the applicant has a bona fide religious

10 objection to being photographed or to the display of his or her

11 photograph. If the applicant so requests, the card shall

12 include a description of the applicant's disability and any

13 information about the applicant's disability or medical

14 history which the Secretary determines would be helpful to the

15 applicant in securing emergency medical care. If a mark is used

16 in lieu of a signature, such mark shall be affixed to the card

17 in the presence of two witnesses who attest to the authenticity

18 of the mark. The Illinois Person with a Disability

19 Identification Card may be used for identification purposes in

20 any lawful situation by the person to whom it was issued.

21 The Illinois Person with a Disability Identification Card

22 may be used as adequate documentation of disability in lieu of

23 a physician's determination of disability, a determination of

24 disability from a physician assistant, a determination of

25 disability from an advanced practice registerednurse, or any

26 other documentation of disability whenever any State law

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1 requires that a person with a disability provide such

2 documentation of disability, however an Illinois Person with a

3 Disability Identification Card shall not qualify the

4 cardholder to participate in any program or to receive any

5 benefit which is not available to all persons with like

6 disabilities. Notwithstanding any other provisions of law, an

7 Illinois Person with a Disability Identification Card, or

8 evidence that the Secretary of State has issued an Illinois

9 Person with a Disability Identification Card, shall not be used

10 by any person other than the person named on such card to prove

11 that the person named on such card is a person with a

12 disability or for any other purpose unless the card is used for

13 the benefit of the person named on such card, and the person

14 named on such card consents to such use at the time the card is

15 so used.

16 An optometrist's determination of a visual disability

17 under Section 4A of this Act is acceptable as documentation for

18 the purpose of issuing an Illinois Person with a Disability

19 Identification Card.

20 When medical information is contained on an Illinois Person

21 with a Disability Identification Card, the Office of the

22 Secretary of State shall not be liable for any actions taken

23 based upon that medical information.

24 (c) The Secretary of State shall provide that each original

25 or renewal Illinois Identification Card or Illinois Person with

26 a Disability Identification Card issued to a person under the

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1 age of 21 shall be of a distinct nature from those Illinois

2 Identification Cards or Illinois Person with a Disability

3 Identification Cards issued to individuals 21 years of age or

4 older. The color designated for Illinois Identification Cards

5 or Illinois Person with a Disability Identification Cards for

6 persons under the age of 21 shall be at the discretion of the

7 Secretary of State.

8 (c-1) Each original or renewal Illinois Identification

9 Card or Illinois Person with a Disability Identification Card

10 issued to a person under the age of 21 shall display the date

11 upon which the person becomes 18 years of age and the date upon

12 which the person becomes 21 years of age.

13 (c-3) The General Assembly recognizes the need to identify

14 military veterans living in this State for the purpose of

15 ensuring that they receive all of the services and benefits to

16 which they are legally entitled, including healthcare,

17 education assistance, and job placement. To assist the State in

18 identifying these veterans and delivering these vital services

19 and benefits, the Secretary of State is authorized to issue

20 Illinois Identification Cards and Illinois Person with a

21 Disability Identification Cards with the word "veteran"

22 appearing on the face of the cards. This authorization is

23 predicated on the unique status of veterans. The Secretary may

24 not issue any other identification card which identifies an

25 occupation, status, affiliation, hobby, or other unique

26 characteristics of the identification card holder which is

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1 unrelated to the purpose of the identification card.

2 (c-5) Beginning on or before July 1, 2015, the Secretary of

3 State shall designate a space on each original or renewal

4 identification card where, at the request of the applicant, the

5 word "veteran" shall be placed. The veteran designation shall

6 be available to a person identified as a veteran under

7 subsection (b) of Section 5 of this Act who was discharged or

8 separated under honorable conditions.

9 (d) The Secretary of State may issue a Senior Citizen

10 discount card, to any natural person who is a resident of the

11 State of Illinois who is 60 years of age or older and who

12 applies for such a card or renewal thereof. The Secretary of

13 State shall charge no fee to issue such card. The card shall be

14 issued in every county and applications shall be made available

15 at, but not limited to, nutrition sites, senior citizen centers

16 and Area Agencies on Aging. The applicant, upon receipt of such

17 card and prior to its use for any purpose, shall have affixed

18 thereon in the space provided therefor his signature or mark.

19 (e) The Secretary of State, in his or her discretion, may

20 designate on each Illinois Identification Card or Illinois

21 Person with a Disability Identification Card a space where the

22 card holder may place a sticker or decal, issued by the

23 Secretary of State, of uniform size as the Secretary may

24 specify, that shall indicate in appropriate language that the

25 card holder has renewed his or her Illinois Identification Card

26 or Illinois Person with a Disability Identification Card.

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1 (Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;

2 98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.

3 7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,

4 eff. 7-28-16.)

5 (Text of Section after amendment by P.A. 99-907)

6 Sec. 4. Identification Card.

7 (a) The Secretary of State shall issue a standard Illinois

8 Identification Card to any natural person who is a resident of

9 the State of Illinois who applies for such card, or renewal

10 thereof. No identification card shall be issued to any person

11 who holds a valid foreign state identification card, license,

12 or permit unless the person first surrenders to the Secretary

13 of State the valid foreign state identification card, license,

14 or permit. The card shall be prepared and supplied by the

15 Secretary of State and shall include a photograph and signature

16 or mark of the applicant. However, the Secretary of State may

17 provide by rule for the issuance of Illinois Identification

18 Cards without photographs if the applicant has a bona fide

19 religious objection to being photographed or to the display of

20 his or her photograph. The Illinois Identification Card may be

21 used for identification purposes in any lawful situation only

22 by the person to whom it was issued. As used in this Act,

23 "photograph" means any color photograph or digitally produced

24 and captured image of an applicant for an identification card.

25 As used in this Act, "signature" means the name of a person as

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1 written by that person and captured in a manner acceptable to

2 the Secretary of State.

3 (a-5) If an applicant for an identification card has a

4 current driver's license or instruction permit issued by the

5 Secretary of State, the Secretary may require the applicant to

6 utilize the same residence address and name on the

7 identification card, driver's license, and instruction permit

8 records maintained by the Secretary. The Secretary may

9 promulgate rules to implement this provision.

10 (a-10) If the applicant is a judicial officer as defined in

11 Section 1-10 of the Judicial Privacy Act or a peace officer,

12 the applicant may elect to have his or her office or work

13 address listed on the card instead of the applicant's residence

14 or mailing address. The Secretary may promulgate rules to

15 implement this provision. For the purposes of this subsection

16 (a-10), "peace officer" means any person who by virtue of his

17 or her office or public employment is vested by law with a duty

18 to maintain public order or to make arrests for a violation of

19 any penal statute of this State, whether that duty extends to

20 all violations or is limited to specific violations.

21 (a-15) The Secretary of State may provide for an expedited

22 process for the issuance of an Illinois Identification Card.

23 The Secretary shall charge an additional fee for the expedited

24 issuance of an Illinois Identification Card, to be set by rule,

25 not to exceed $75. All fees collected by the Secretary for

26 expedited Illinois Identification Card service shall be

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1 deposited into the Secretary of State Special Services Fund.

2 The Secretary may adopt rules regarding the eligibility,

3 process, and fee for an expedited Illinois Identification Card.

4 If the Secretary of State determines that the volume of

5 expedited identification card requests received on a given day

6 exceeds the ability of the Secretary to process those requests

7 in an expedited manner, the Secretary may decline to provide

8 expedited services, and the additional fee for the expedited

9 service shall be refunded to the applicant.

10 (a-20) The Secretary of State shall issue a standard

11 Illinois Identification Card to a committed person upon release

12 on parole, mandatory supervised release, aftercare release,

13 final discharge, or pardon from the Department of Corrections

14 or Department of Juvenile Justice, if the released person

15 presents a certified copy of his or her birth certificate,

16 social security card or other documents authorized by the

17 Secretary, and 2 documents proving his or her Illinois

18 residence address. Documents proving residence address may

19 include any official document of the Department of Corrections

20 or the Department of Juvenile Justice showing the released

21 person's address after release and a Secretary of State

22 prescribed certificate of residency form, which may be executed

23 by Department of Corrections or Department of Juvenile Justice

24 personnel.

25 (a-25) The Secretary of State shall issue a limited-term

26 Illinois Identification Card valid for 90 days to a committed

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1 person upon release on parole, mandatory supervised release,

2 aftercare release, final discharge, or pardon from the

3 Department of Corrections or Department of Juvenile Justice, if

4 the released person is unable to present a certified copy of

5 his or her birth certificate and social security card or other

6 documents authorized by the Secretary, but does present a

7 Secretary of State prescribed verification form completed by

8 the Department of Corrections or Department of Juvenile

9 Justice, verifying the released person's date of birth and

10 social security number and 2 documents proving his or her

11 Illinois residence address. The verification form must have

12 been completed no more than 30 days prior to the date of

13 application for the Illinois Identification Card. Documents

14 proving residence address shall include any official document

15 of the Department of Corrections or the Department of Juvenile

16 Justice showing the person's address after release and a

17 Secretary of State prescribed certificate of residency, which

18 may be executed by Department of Corrections or Department of

19 Juvenile Justice personnel.

20 Prior to the expiration of the 90-day period of the

21 limited-term Illinois Identification Card, if the released

22 person submits to the Secretary of State a certified copy of

23 his or her birth certificate and his or her social security

24 card or other documents authorized by the Secretary, a standard

25 Illinois Identification Card shall be issued. A limited-term

26 Illinois Identification Card may not be renewed.

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1 (b) The Secretary of State shall issue a special Illinois

2 Identification Card, which shall be known as an Illinois Person

3 with a Disability Identification Card, to any natural person

4 who is a resident of the State of Illinois, who is a person

5 with a disability as defined in Section 4A of this Act, who

6 applies for such card, or renewal thereof. No Illinois Person

7 with a Disability Identification Card shall be issued to any

8 person who holds a valid foreign state identification card,

9 license, or permit unless the person first surrenders to the

10 Secretary of State the valid foreign state identification card,

11 license, or permit. The Secretary of State shall charge no fee

12 to issue such card. The card shall be prepared and supplied by

13 the Secretary of State, and shall include a photograph and

14 signature or mark of the applicant, a designation indicating

15 that the card is an Illinois Person with a Disability

16 Identification Card, and shall include a comprehensible

17 designation of the type and classification of the applicant's

18 disability as set out in Section 4A of this Act. However, the

19 Secretary of State may provide by rule for the issuance of

20 Illinois Person with a Disability Identification Cards without

21 photographs if the applicant has a bona fide religious

22 objection to being photographed or to the display of his or her

23 photograph. If the applicant so requests, the card shall

24 include a description of the applicant's disability and any

25 information about the applicant's disability or medical

26 history which the Secretary determines would be helpful to the

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1 applicant in securing emergency medical care. If a mark is used

2 in lieu of a signature, such mark shall be affixed to the card

3 in the presence of two witnesses who attest to the authenticity

4 of the mark. The Illinois Person with a Disability

5 Identification Card may be used for identification purposes in

6 any lawful situation by the person to whom it was issued.

7 The Illinois Person with a Disability Identification Card

8 may be used as adequate documentation of disability in lieu of

9 a physician's determination of disability, a determination of

10 disability from a physician assistant, a determination of

11 disability from an advanced practice registerednurse, or any

12 other documentation of disability whenever any State law

13 requires that a person with a disability provide such

14 documentation of disability, however an Illinois Person with a

15 Disability Identification Card shall not qualify the

16 cardholder to participate in any program or to receive any

17 benefit which is not available to all persons with like

18 disabilities. Notwithstanding any other provisions of law, an

19 Illinois Person with a Disability Identification Card, or

20 evidence that the Secretary of State has issued an Illinois

21 Person with a Disability Identification Card, shall not be used

22 by any person other than the person named on such card to prove

23 that the person named on such card is a person with a

24 disability or for any other purpose unless the card is used for

25 the benefit of the person named on such card, and the person

26 named on such card consents to such use at the time the card is

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1 so used.

2 An optometrist's determination of a visual disability

3 under Section 4A of this Act is acceptable as documentation for

4 the purpose of issuing an Illinois Person with a Disability

5 Identification Card.

6 When medical information is contained on an Illinois Person

7 with a Disability Identification Card, the Office of the

8 Secretary of State shall not be liable for any actions taken

9 based upon that medical information.

10 (c) The Secretary of State shall provide that each original

11 or renewal Illinois Identification Card or Illinois Person with

12 a Disability Identification Card issued to a person under the

13 age of 21 shall be of a distinct nature from those Illinois

14 Identification Cards or Illinois Person with a Disability

15 Identification Cards issued to individuals 21 years of age or

16 older. The color designated for Illinois Identification Cards

17 or Illinois Person with a Disability Identification Cards for

18 persons under the age of 21 shall be at the discretion of the

19 Secretary of State.

20 (c-1) Each original or renewal Illinois Identification

21 Card or Illinois Person with a Disability Identification Card

22 issued to a person under the age of 21 shall display the date

23 upon which the person becomes 18 years of age and the date upon

24 which the person becomes 21 years of age.

25 (c-3) The General Assembly recognizes the need to identify

26 military veterans living in this State for the purpose of

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1 ensuring that they receive all of the services and benefits to

2 which they are legally entitled, including healthcare,

3 education assistance, and job placement. To assist the State in

4 identifying these veterans and delivering these vital services

5 and benefits, the Secretary of State is authorized to issue

6 Illinois Identification Cards and Illinois Person with a

7 Disability Identification Cards with the word "veteran"

8 appearing on the face of the cards. This authorization is

9 predicated on the unique status of veterans. The Secretary may

10 not issue any other identification card which identifies an

11 occupation, status, affiliation, hobby, or other unique

12 characteristics of the identification card holder which is

13 unrelated to the purpose of the identification card.

14 (c-5) Beginning on or before July 1, 2015, the Secretary of

15 State shall designate a space on each original or renewal

16 identification card where, at the request of the applicant, the

17 word "veteran" shall be placed. The veteran designation shall

18 be available to a person identified as a veteran under

19 subsection (b) of Section 5 of this Act who was discharged or

20 separated under honorable conditions.

21 (d) The Secretary of State may issue a Senior Citizen

22 discount card, to any natural person who is a resident of the

23 State of Illinois who is 60 years of age or older and who

24 applies for such a card or renewal thereof. The Secretary of

25 State shall charge no fee to issue such card. The card shall be

26 issued in every county and applications shall be made available

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1 at, but not limited to, nutrition sites, senior citizen centers

2 and Area Agencies on Aging. The applicant, upon receipt of such

3 card and prior to its use for any purpose, shall have affixed

4 thereon in the space provided therefor his signature or mark.

5 (e) The Secretary of State, in his or her discretion, may

6 designate on each Illinois Identification Card or Illinois

7 Person with a Disability Identification Card a space where the

8 card holder may place a sticker or decal, issued by the

9 Secretary of State, of uniform size as the Secretary may

10 specify, that shall indicate in appropriate language that the

11 card holder has renewed his or her Illinois Identification Card

12 or Illinois Person with a Disability Identification Card.

13 (Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;

14 98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.

15 7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,

16 eff. 7-28-16; 99-907, eff. 7-1-17.)

17 Section 25. The Alcoholism and Other Drug Abuse and

18 Dependency Act is amended by changing Section 5-23 as follows:

19 (20 ILCS 301/5-23)

20 Sec. 5-23. Drug Overdose Prevention Program.

21 (a) Reports of drug overdose.

22 (1) The Director of the Division of Alcoholism and

23 Substance Abuse shall publish annually a report on drug

24 overdose trends statewide that reviews State death rates

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1 from available data to ascertain changes in the causes or

2 rates of fatal and nonfatal drug overdose. The report shall

3 also provide information on interventions that would be

4 effective in reducing the rate of fatal or nonfatal drug

5 overdose and shall include an analysis of drug overdose

6 information reported to the Department of Public Health

7 pursuant to subsection (e) of Section 3-3013 of the

8 Counties Code, Section 6.14g of the Hospital Licensing Act,

9 and subsection (j) of Section 22-30 of the School Code.

10 (2) The report may include:

11 (A) Trends in drug overdose death rates.

12 (B) Trends in emergency room utilization related

13 to drug overdose and the cost impact of emergency room

14 utilization.

15 (C) Trends in utilization of pre-hospital and

16 emergency services and the cost impact of emergency

17 services utilization.

18 (D) Suggested improvements in data collection.

19 (E) A description of other interventions effective

20 in reducing the rate of fatal or nonfatal drug

21 overdose.

22 (F) A description of efforts undertaken to educate

23 the public about unused medication and about how to

24 properly dispose of unused medication, including the

25 number of registered collection receptacles in this

26 State, mail-back programs, and drug take-back events.

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1 (b) Programs; drug overdose prevention.

2 (1) The Director may establish a program to provide for

3 the production and publication, in electronic and other

4 formats, of drug overdose prevention, recognition, and

5 response literature. The Director may develop and

6 disseminate curricula for use by professionals,

7 organizations, individuals, or committees interested in

8 the prevention of fatal and nonfatal drug overdose,

9 including, but not limited to, drug users, jail and prison

10 personnel, jail and prison inmates, drug treatment

11 professionals, emergency medical personnel, hospital

12 staff, families and associates of drug users, peace

13 officers, firefighters, public safety officers, needle

14 exchange program staff, and other persons. In addition to

15 information regarding drug overdose prevention,

16 recognition, and response, literature produced by the

17 Department shall stress that drug use remains illegal and

18 highly dangerous and that complete abstinence from illegal

19 drug use is the healthiest choice. The literature shall

20 provide information and resources for substance abuse

21 treatment.

22 The Director may establish or authorize programs for

23 prescribing, dispensing, or distributing opioid

24 antagonists for the treatment of drug overdose. Such

25 programs may include the prescribing of opioid antagonists

26 for the treatment of drug overdose to a person who is not

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1 at risk of opioid overdose but who, in the judgment of the

2 health care professional, may be in a position to assist

3 another individual during an opioid-related drug overdose

4 and who has received basic instruction on how to administer

5 an opioid antagonist.

6 (2) The Director may provide advice to State and local

7 officials on the growing drug overdose crisis, including

8 the prevalence of drug overdose incidents, programs

9 promoting the disposal of unused prescription drugs,

10 trends in drug overdose incidents, and solutions to the

11 drug overdose crisis.

12 (c) Grants.

13 (1) The Director may award grants, in accordance with

14 this subsection, to create or support local drug overdose

15 prevention, recognition, and response projects. Local

16 health departments, correctional institutions, hospitals,

17 universities, community-based organizations, and

18 faith-based organizations may apply to the Department for a

19 grant under this subsection at the time and in the manner

20 the Director prescribes.

21 (2) In awarding grants, the Director shall consider the

22 necessity for overdose prevention projects in various

23 settings and shall encourage all grant applicants to

24 develop interventions that will be effective and viable in

25 their local areas.

26 (3) The Director shall give preference for grants to

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1 proposals that, in addition to providing life-saving

2 interventions and responses, provide information to drug

3 users on how to access drug treatment or other strategies

4 for abstaining from illegal drugs. The Director shall give

5 preference to proposals that include one or more of the

6 following elements:

7 (A) Policies and projects to encourage persons,

8 including drug users, to call 911 when they witness a

9 potentially fatal drug overdose.

10 (B) Drug overdose prevention, recognition, and

11 response education projects in drug treatment centers,

12 outreach programs, and other organizations that work

13 with, or have access to, drug users and their families

14 and communities.

15 (C) Drug overdose recognition and response

16 training, including rescue breathing, in drug

17 treatment centers and for other organizations that

18 work with, or have access to, drug users and their

19 families and communities.

20 (D) The production and distribution of targeted or

21 mass media materials on drug overdose prevention and

22 response, the potential dangers of keeping unused

23 prescription drugs in the home, and methods to properly

24 dispose of unused prescription drugs.

25 (E) Prescription and distribution of opioid

26 antagonists.

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1 (F) The institution of education and training

2 projects on drug overdose response and treatment for

3 emergency services and law enforcement personnel.

4 (G) A system of parent, family, and survivor

5 education and mutual support groups.

6 (4) In addition to moneys appropriated by the General

7 Assembly, the Director may seek grants from private

8 foundations, the federal government, and other sources to

9 fund the grants under this Section and to fund an

10 evaluation of the programs supported by the grants.

11 (d) Health care professional prescription of opioid

12 antagonists.

13 (1) A health care professional who, acting in good

14 faith, directly or by standing order, prescribes or

15 dispenses an opioid antagonist to: (a) a patient who, in

16 the judgment of the health care professional, is capable of

17 administering the drug in an emergency, or (b) a person who

18 is not at risk of opioid overdose but who, in the judgment

19 of the health care professional, may be in a position to

20 assist another individual during an opioid-related drug

21 overdose and who has received basic instruction on how to

22 administer an opioid antagonist shall not, as a result of

23 his or her acts or omissions, be subject to: (i) any

24 disciplinary or other adverse action under the Medical

25 Practice Act of 1987, the Physician Assistant Practice Act

26 of 1987, the Nurse Practice Act, the Pharmacy Practice Act,

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1 or any other professional licensing statute or (ii) any

2 criminal liability, except for willful and wanton

3 misconduct.

4 (2) A person who is not otherwise licensed to

5 administer an opioid antagonist may in an emergency

6 administer without fee an opioid antagonist if the person

7 has received the patient information specified in

8 paragraph (4) of this subsection and believes in good faith

9 that another person is experiencing a drug overdose. The

10 person shall not, as a result of his or her acts or

11 omissions, be (i) liable for any violation of the Medical

12 Practice Act of 1987, the Physician Assistant Practice Act

13 of 1987, the Nurse Practice Act, the Pharmacy Practice Act,

14 or any other professional licensing statute, or (ii)

15 subject to any criminal prosecution or civil liability,

16 except for willful and wanton misconduct.

17 (3) A health care professional prescribing an opioid

18 antagonist to a patient shall ensure that the patient

19 receives the patient information specified in paragraph

20 (4) of this subsection. Patient information may be provided

21 by the health care professional or a community-based

22 organization, substance abuse program, or other

23 organization with which the health care professional

24 establishes a written agreement that includes a

25 description of how the organization will provide patient

26 information, how employees or volunteers providing

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1 information will be trained, and standards for documenting

2 the provision of patient information to patients.

3 Provision of patient information shall be documented in the

4 patient's medical record or through similar means as

5 determined by agreement between the health care

6 professional and the organization. The Director of the

7 Division of Alcoholism and Substance Abuse, in

8 consultation with statewide organizations representing

9 physicians, pharmacists, advanced practice registered

10 nurses, physician assistants, substance abuse programs,

11 and other interested groups, shall develop and disseminate

12 to health care professionals, community-based

13 organizations, substance abuse programs, and other

14 organizations training materials in video, electronic, or

15 other formats to facilitate the provision of such patient

16 information.

17 (4) For the purposes of this subsection:

18 "Opioid antagonist" means a drug that binds to opioid

19 receptors and blocks or inhibits the effect of opioids

20 acting on those receptors, including, but not limited to,

21 naloxone hydrochloride or any other similarly acting drug

22 approved by the U.S. Food and Drug Administration.

23 "Health care professional" means a physician licensed

24 to practice medicine in all its branches, a licensed

25 physician assistant with prescriptive authority, a

26 licensed advanced practice registered nurse with

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1 prescriptive authority, an advanced practice registered

2 nurse or physician assistant who practices in a hospital,

3 hospital affiliate, or ambulatory surgical treatment

4 center and possesses appropriate clinical privileges in

5 accordance with the Nurse Practice Act, or a pharmacist

6 licensed to practice pharmacy under the Pharmacy Practice

7 Act.

8 "Patient" includes a person who is not at risk of

9 opioid overdose but who, in the judgment of the physician,

10 advanced practice registered nurse, or physician

11 assistant, may be in a position to assist another

12 individual during an overdose and who has received patient

13 information as required in paragraph (2) of this subsection

14 on the indications for and administration of an opioid

15 antagonist.

16 "Patient information" includes information provided to

17 the patient on drug overdose prevention and recognition;

18 how to perform rescue breathing and resuscitation; opioid

19 antagonist dosage and administration; the importance of

20 calling 911; care for the overdose victim after

21 administration of the overdose antagonist; and other

22 issues as necessary.

23 (e) Drug overdose response policy.

24 (1) Every State and local government agency that

25 employs a law enforcement officer or fireman as those terms

26 are defined in the Line of Duty Compensation Act must

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1 possess opioid antagonists and must establish a policy to

2 control the acquisition, storage, transportation, and

3 administration of such opioid antagonists and to provide

4 training in the administration of opioid antagonists. A

5 State or local government agency that employs a fireman as

6 defined in the Line of Duty Compensation Act but does not

7 respond to emergency medical calls or provide medical

8 services shall be exempt from this subsection.

9 (2) Every publicly or privately owned ambulance,

10 special emergency medical services vehicle, non-transport

11 vehicle, or ambulance assist vehicle, as described in the

12 Emergency Medical Services (EMS) Systems Act, which

13 responds to requests for emergency services or transports

14 patients between hospitals in emergency situations must

15 possess opioid antagonists.

16 (3) Entities that are required under paragraphs (1) and

17 (2) to possess opioid antagonists may also apply to the

18 Department for a grant to fund the acquisition of opioid

19 antagonists and training programs on the administration of

20 opioid antagonists.

21 (Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;

22 99-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)

23 Section 30. The Department of Central Management Services

24 Law of the Civil Administrative Code of Illinois is amended by

25 changing Section 405-105 as follows:

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1 (20 ILCS 405/405-105) (was 20 ILCS 405/64.1)

2 Sec. 405-105. Fidelity, surety, property, and casualty

3 insurance. The Department shall establish and implement a

4 program to coordinate the handling of all fidelity, surety,

5 property, and casualty insurance exposures of the State and the

6 departments, divisions, agencies, branches, and universities

7 of the State. In performing this responsibility, the Department

8 shall have the power and duty to do the following:

9 (1) Develop and maintain loss and exposure data on all

10 State property.

11 (2) Study the feasibility of establishing a

12 self-insurance plan for State property and prepare

13 estimates of the costs of reinsurance for risks beyond the

14 realistic limits of the self-insurance.

15 (3) Prepare a plan for centralizing the purchase of

16 property and casualty insurance on State property under a

17 master policy or policies and purchase the insurance

18 contracted for as provided in the Illinois Purchasing Act.

19 (4) Evaluate existing provisions for fidelity bonds

20 required of State employees and recommend changes that are

21 appropriate commensurate with risk experience and the

22 determinations respecting self-insurance or reinsurance so

23 as to permit reduction of costs without loss of coverage.

24 (5) Investigate procedures for inclusion of school

25 districts, public community college districts, and other

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1 units of local government in programs for the centralized

2 purchase of insurance.

3 (6) Implement recommendations of the State Property

4 Insurance Study Commission that the Department finds

5 necessary or desirable in the performance of its powers and

6 duties under this Section to achieve efficient and

7 comprehensive risk management.

8 (7) Prepare and, in the discretion of the Director,

9 implement a plan providing for the purchase of public

10 liability insurance or for self-insurance for public

11 liability or for a combination of purchased insurance and

12 self-insurance for public liability (i) covering the State

13 and drivers of motor vehicles owned, leased, or controlled

14 by the State of Illinois pursuant to the provisions and

15 limitations contained in the Illinois Vehicle Code, (ii)

16 covering other public liability exposures of the State and

17 its employees within the scope of their employment, and

18 (iii) covering drivers of motor vehicles not owned, leased,

19 or controlled by the State but used by a State employee on

20 State business, in excess of liability covered by an

21 insurance policy obtained by the owner of the motor vehicle

22 or in excess of the dollar amounts that the Department

23 shall determine to be reasonable. Any contract of insurance

24 let under this Law shall be by bid in accordance with the

25 procedure set forth in the Illinois Purchasing Act. Any

26 provisions for self-insurance shall conform to subdivision

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1 (11).

2 The term "employee" as used in this subdivision (7) and

3 in subdivision (11) means a person while in the employ of

4 the State who is a member of the staff or personnel of a

5 State agency, bureau, board, commission, committee,

6 department, university, or college or who is a State

7 officer, elected official, commissioner, member of or ex

8 officio member of a State agency, bureau, board,

9 commission, committee, department, university, or college,

10 or a member of the National Guard while on active duty

11 pursuant to orders of the Governor of the State of

12 Illinois, or any other person while using a licensed motor

13 vehicle owned, leased, or controlled by the State of

14 Illinois with the authorization of the State of Illinois,

15 provided the actual use of the motor vehicle is within the

16 scope of that authorization and within the course of State

17 service.

18 Subsequent to payment of a claim on behalf of an

19 employee pursuant to this Section and after reasonable

20 advance written notice to the employee, the Director may

21 exclude the employee from future coverage or limit the

22 coverage under the plan if (i) the Director determines that

23 the claim resulted from an incident in which the employee

24 was grossly negligent or had engaged in willful and wanton

25 misconduct or (ii) the Director determines that the

26 employee is no longer an acceptable risk based on a review

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1 of prior accidents in which the employee was at fault and

2 for which payments were made pursuant to this Section.

3 The Director is authorized to promulgate

4 administrative rules that may be necessary to establish and

5 administer the plan.

6 Appropriations from the Road Fund shall be used to pay

7 auto liability claims and related expenses involving

8 employees of the Department of Transportation, the

9 Illinois State Police, and the Secretary of State.

10 (8) Charge, collect, and receive from all other

11 agencies of the State government fees or monies equivalent

12 to the cost of purchasing the insurance.

13 (9) Establish, through the Director, charges for risk

14 management services rendered to State agencies by the

15 Department. The State agencies so charged shall reimburse

16 the Department by vouchers drawn against their respective

17 appropriations. The reimbursement shall be determined by

18 the Director as amounts sufficient to reimburse the

19 Department for expenditures incurred in rendering the

20 service.

21 The Department shall charge the employing State agency

22 or university for workers' compensation payments for

23 temporary total disability paid to any employee after the

24 employee has received temporary total disability payments

25 for 120 days if the employee's treating physician, advanced

26 practice registered nurse, or physician assistant has

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1 issued a release to return to work with restrictions and

2 the employee is able to perform modified duty work but the

3 employing State agency or university does not return the

4 employee to work at modified duty. Modified duty shall be

5 duties assigned that may or may not be delineated as part

6 of the duties regularly performed by the employee. Modified

7 duties shall be assigned within the prescribed

8 restrictions established by the treating physician and the

9 physician who performed the independent medical

10 examination. The amount of all reimbursements shall be

11 deposited into the Workers' Compensation Revolving Fund

12 which is hereby created as a revolving fund in the State

13 treasury. In addition to any other purpose authorized by

14 law, moneys in the Fund shall be used, subject to

15 appropriation, to pay these or other temporary total

16 disability claims of employees of State agencies and

17 universities.

18 Beginning with fiscal year 1996, all amounts recovered

19 by the Department through subrogation in workers'

20 compensation and workers' occupational disease cases shall

21 be deposited into the Workers' Compensation Revolving Fund

22 created under this subdivision (9).

23 (10) Establish rules, procedures, and forms to be used

24 by State agencies in the administration and payment of

25 workers' compensation claims. For claims filed prior to

26 July 1, 2013, the Department shall initially evaluate and

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1 determine the compensability of any injury that is the

2 subject of a workers' compensation claim and provide for

3 the administration and payment of such a claim for all

4 State agencies. For claims filed on or after July 1, 2013,

5 the Department shall retain responsibility for certain

6 administrative payments including, but not limited to,

7 payments to the private vendor contracted to perform

8 services under subdivision (10b) of this Section, payments

9 related to travel expenses for employees of the Office of

10 the Attorney General, and payments to internal Department

11 staff responsible for the oversight and management of any

12 contract awarded pursuant to subdivision (10b) of this

13 Section. Through December 31, 2012, the Director may

14 delegate to any agency with the agreement of the agency

15 head the responsibility for evaluation, administration,

16 and payment of that agency's claims. Neither the Department

17 nor the private vendor contracted to perform services under

18 subdivision (10b) of this Section shall be responsible for

19 providing workers' compensation services to the Illinois

20 State Toll Highway Authority or to State universities that

21 maintain self-funded workers' compensation liability

22 programs.

23 (10a) By April 1 of each year prior to calendar year

24 2013, the Director must report and provide information to

25 the State Workers' Compensation Program Advisory Board

26 concerning the status of the State workers' compensation

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1 program for the next fiscal year. Information that the

2 Director must provide to the State Workers' Compensation

3 Program Advisory Board includes, but is not limited to,

4 documents, reports of negotiations, bid invitations,

5 requests for proposals, specifications, copies of proposed

6 and final contracts or agreements, and any other materials

7 concerning contracts or agreements for the program. By the

8 first of each month prior to calendar year 2013, the

9 Director must provide updated, and any new, information to

10 the State Workers' Compensation Program Advisory Board

11 until the State workers' compensation program for the next

12 fiscal year is determined.

13 (10b) No later than January 1, 2013, the chief

14 procurement officer appointed under paragraph (4) of

15 subsection (a) of Section 10-20 of the Illinois Procurement

16 Code (hereinafter "chief procurement officer"), in

17 consultation with the Department of Central Management

18 Services, shall procure one or more private vendors to

19 administer the program providing payments for workers'

20 compensation liability with respect to the employees of all

21 State agencies. The chief procurement officer may procure a

22 single contract applicable to all State agencies or

23 multiple contracts applicable to one or more State

24 agencies. If the chief procurement officer procures a

25 single contract applicable to all State agencies, then the

26 Department of Central Management Services shall be

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1 designated as the agency that enters into the contract and

2 shall be responsible for the contract. If the chief

3 procurement officer procures multiple contracts applicable

4 to one or more State agencies, each agency to which the

5 contract applies shall be designated as the agency that

6 shall enter into the contract and shall be responsible for

7 the contract. If the chief procurement officer procures

8 contracts applicable to an individual State agency, the

9 agency subject to the contract shall be designated as the

10 agency responsible for the contract.

11 (10c) The procurement of private vendors for the

12 administration of the workers' compensation program for

13 State employees is subject to the provisions of the

14 Illinois Procurement Code and administration by the chief

15 procurement officer.

16 (10d) Contracts for the procurement of private vendors

17 for the administration of the workers' compensation

18 program for State employees shall be based upon, but

19 limited to, the following criteria: (i) administrative

20 cost, (ii) service capabilities of the vendor, and (iii)

21 the compensation (including premiums, fees, or other

22 charges). A vendor for the administration of the workers'

23 compensation program for State employees shall provide

24 services, including, but not limited to:

25 (A) providing a web-based case management system

26 and provide access to the Office of the Attorney

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1 General;

2 (B) ensuring claims adjusters are available to

3 provide testimony or information as requested by the

4 Office of the Attorney General;

5 (C) establishing a preferred provider program for

6 all State agencies and facilities; and

7 (D) authorizing the payment of medical bills at the

8 preferred provider discount rate.

9 (10e) By September 15, 2012, the Department of Central

10 Management Services shall prepare a plan to effectuate the

11 transfer of responsibility and administration of the

12 workers' compensation program for State employees to the

13 selected private vendors. The Department shall submit a

14 copy of the plan to the General Assembly.

15 (11) Any plan for public liability self-insurance

16 implemented under this Section shall provide that (i) the

17 Department shall attempt to settle and may settle any

18 public liability claim filed against the State of Illinois

19 or any public liability claim filed against a State

20 employee on the basis of an occurrence in the course of the

21 employee's State employment; (ii) any settlement of such a

22 claim is not subject to fiscal year limitations and must be

23 approved by the Director and, in cases of settlements

24 exceeding $100,000, by the Governor; and (iii) a settlement

25 of any public liability claim against the State or a State

26 employee shall require an unqualified release of any right

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1 of action against the State and the employee for acts

2 within the scope of the employee's employment giving rise

3 to the claim.

4 Whenever and to the extent that a State employee

5 operates a motor vehicle or engages in other activity

6 covered by self-insurance under this Section, the State of

7 Illinois shall defend, indemnify, and hold harmless the

8 employee against any claim in tort filed against the

9 employee for acts or omissions within the scope of the

10 employee's employment in any proper judicial forum and not

11 settled pursuant to this subdivision (11), provided that

12 this obligation of the State of Illinois shall not exceed a

13 maximum liability of $2,000,000 for any single occurrence

14 in connection with the operation of a motor vehicle or

15 $100,000 per person per occurrence for any other single

16 occurrence, or $500,000 for any single occurrence in

17 connection with the provision of medical care by a licensed

18 physician, advanced practice registered nurse, or

19 physician assistant employee.

20 Any claims against the State of Illinois under a

21 self-insurance plan that are not settled pursuant to this

22 subdivision (11) shall be heard and determined by the Court

23 of Claims and may not be filed or adjudicated in any other

24 forum. The Attorney General of the State of Illinois or the

25 Attorney General's designee shall be the attorney with

26 respect to all public liability self-insurance claims that

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1 are not settled pursuant to this subdivision (11) and

2 therefore result in litigation. The payment of any award of

3 the Court of Claims entered against the State relating to

4 any public liability self-insurance claim shall act as a

5 release against any State employee involved in the

6 occurrence.

7 (12) Administer a plan the purpose of which is to make

8 payments on final settlements or final judgments in

9 accordance with the State Employee Indemnification Act.

10 The plan shall be funded through appropriations from the

11 General Revenue Fund specifically designated for that

12 purpose, except that indemnification expenses for

13 employees of the Department of Transportation, the

14 Illinois State Police, and the Secretary of State shall be

15 paid from the Road Fund. The term "employee" as used in

16 this subdivision (12) has the same meaning as under

17 subsection (b) of Section 1 of the State Employee

18 Indemnification Act. Subject to sufficient appropriation,

19 the Director shall approve payment of any claim, without

20 regard to fiscal year limitations, presented to the

21 Director that is supported by a final settlement or final

22 judgment when the Attorney General and the chief officer of

23 the public body against whose employee the claim or cause

24 of action is asserted certify to the Director that the

25 claim is in accordance with the State Employee

26 Indemnification Act and that they approve of the payment.

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1 In no event shall an amount in excess of $150,000 be paid

2 from this plan to or for the benefit of any claimant.

3 (13) Administer a plan the purpose of which is to make

4 payments on final settlements or final judgments for

5 employee wage claims in situations where there was an

6 appropriation relevant to the wage claim, the fiscal year

7 and lapse period have expired, and sufficient funds were

8 available to pay the claim. The plan shall be funded

9 through appropriations from the General Revenue Fund

10 specifically designated for that purpose.

11 Subject to sufficient appropriation, the Director is

12 authorized to pay any wage claim presented to the Director

13 that is supported by a final settlement or final judgment

14 when the chief officer of the State agency employing the

15 claimant certifies to the Director that the claim is a

16 valid wage claim and that the fiscal year and lapse period

17 have expired. Payment for claims that are properly

18 submitted and certified as valid by the Director shall

19 include interest accrued at the rate of 7% per annum from

20 the forty-fifth day after the claims are received by the

21 Department or 45 days from the date on which the amount of

22 payment is agreed upon, whichever is later, until the date

23 the claims are submitted to the Comptroller for payment.

24 When the Attorney General has filed an appearance in any

25 proceeding concerning a wage claim settlement or judgment,

26 the Attorney General shall certify to the Director that the

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1 wage claim is valid before any payment is made. In no event

2 shall an amount in excess of $150,000 be paid from this

3 plan to or for the benefit of any claimant.

4 Nothing in Public Act 84-961 shall be construed to

5 affect in any manner the jurisdiction of the Court of

6 Claims concerning wage claims made against the State of

7 Illinois.

8 (14) Prepare and, in the discretion of the Director,

9 implement a program for self-insurance for official

10 fidelity and surety bonds for officers and employees as

11 authorized by the Official Bond Act.

12 (Source: P.A. 99-581, eff. 1-1-17.)

13 Section 35. The Regional Integrated Behavioral Health

14 Networks Act is amended by changing Section 20 as follows:

15 (20 ILCS 1340/20)

16 Sec. 20. Steering Committee and Networks.

17 (a) To achieve these goals, the Department of Human

18 Services shall convene a Regional Integrated Behavioral Health

19 Networks Steering Committee (hereinafter "Steering Committee")

20 comprised of State agencies involved in the provision,

21 regulation, or financing of health, mental health, substance

22 abuse, rehabilitation, and other services. These include, but

23 shall not be limited to, the following agencies:

24 (1) The Department of Healthcare and Family Services.

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1 (2) The Department of Human Services and its Divisions

2 of Mental Illness and Alcoholism and Substance Abuse

3 Services.

4 (3) The Department of Public Health, including its

5 Center for Rural Health.

6 The Steering Committee shall include a representative from

7 each Network. The agencies of the Steering Committee are

8 directed to work collaboratively to provide consultation,

9 advice, and leadership to the Networks in facilitating

10 communication within and across multiple agencies and in

11 removing regulatory barriers that may prevent Networks from

12 accomplishing the goals. The Steering Committee collectively

13 or through one of its member Agencies shall also provide

14 technical assistance to the Networks.

15 (b) There also shall be convened Networks in each of the

16 Department of Human Services' regions comprised of

17 representatives of community stakeholders represented in the

18 Network, including when available, but not limited to, relevant

19 trade and professional associations representing hospitals,

20 community providers, public health care, hospice care, long

21 term care, law enforcement, emergency medical service,

22 physicians, advanced practice registered nurses, and physician

23 assistants trained in psychiatry; an organization that

24 advocates on behalf of federally qualified health centers, an

25 organization that advocates on behalf of persons suffering with

26 mental illness and substance abuse disorders, an organization

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1 that advocates on behalf of persons with disabilities, an

2 organization that advocates on behalf of persons who live in

3 rural areas, an organization that advocates on behalf of

4 persons who live in medically underserved areas; and others

5 designated by the Steering Committee or the Networks. A member

6 from each Network may choose a representative who may serve on

7 the Steering Committee.

8 (Source: P.A. 99-581, eff. 1-1-17.)

9 Section 40. The Mental Health and Developmental

10 Disabilities Administrative Act is amended by changing

11 Sections 5.1, 14, and 15.4 as follows:

12 (20 ILCS 1705/5.1) (from Ch. 91 1/2, par. 100-5.1)

13 Sec. 5.1. The Department shall develop, by rule, the

14 procedures and standards by which it shall approve medications

15 for clinical use in its facilities. A list of those drugs

16 approved pursuant to these procedures shall be distributed to

17 all Department facilities.

18 Drugs not listed by the Department may not be administered

19 in facilities under the jurisdiction of the Department,

20 provided that an unlisted drug may be administered as part of

21 research with the prior written consent of the Secretary

22 specifying the nature of the permitted use and the physicians

23 authorized to prescribe the drug. Drugs, as used in this

24 Section, mean psychotropic and narcotic drugs.

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1 No physician, advanced practice registered nurse, or

2 physician assistant in the Department shall sign a prescription

3 in blank, nor permit blank prescription forms to circulate out

4 of his possession or control.

5 (Source: P.A. 99-581, eff. 1-1-17.)

6 (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)

7 Sec. 14. Chester Mental Health Center. To maintain and

8 operate a facility for the care, custody, and treatment of

9 persons with mental illness or habilitation of persons with

10 developmental disabilities hereinafter designated, to be known

11 as the Chester Mental Health Center.

12 Within the Chester Mental Health Center there shall be

13 confined the following classes of persons, whose history, in

14 the opinion of the Department, discloses dangerous or violent

15 tendencies and who, upon examination under the direction of the

16 Department, have been found a fit subject for confinement in

17 that facility:

18 (a) Any male person who is charged with the commission

19 of a crime but has been acquitted by reason of insanity as

20 provided in Section 5-2-4 of the Unified Code of

21 Corrections.

22 (b) Any male person who is charged with the commission

23 of a crime but has been found unfit under Article 104 of

24 the Code of Criminal Procedure of 1963.

25 (c) Any male person with mental illness or

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1 developmental disabilities or person in need of mental

2 treatment now confined under the supervision of the

3 Department or hereafter admitted to any facility thereof or

4 committed thereto by any court of competent jurisdiction.

5 If and when it shall appear to the facility director of the

6 Chester Mental Health Center that it is necessary to confine

7 persons in order to maintain security or provide for the

8 protection and safety of recipients and staff, the Chester

9 Mental Health Center may confine all persons on a unit to their

10 rooms. This period of confinement shall not exceed 10 hours in

11 a 24 hour period, including the recipient's scheduled hours of

12 sleep, unless approved by the Secretary of the Department.

13 During the period of confinement, the persons confined shall be

14 observed at least every 15 minutes. A record shall be kept of

15 the observations. This confinement shall not be considered

16 seclusion as defined in the Mental Health and Developmental

17 Disabilities Code.

18 The facility director of the Chester Mental Health Center

19 may authorize the temporary use of handcuffs on a recipient for

20 a period not to exceed 10 minutes when necessary in the course

21 of transport of the recipient within the facility to maintain

22 custody or security. Use of handcuffs is subject to the

23 provisions of Section 2-108 of the Mental Health and

24 Developmental Disabilities Code. The facility shall keep a

25 monthly record listing each instance in which handcuffs are

26 used, circumstances indicating the need for use of handcuffs,

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1 and time of application of handcuffs and time of release

2 therefrom. The facility director shall allow the Illinois

3 Guardianship and Advocacy Commission, the agency designated by

4 the Governor under Section 1 of the Protection and Advocacy for

5 Persons with Developmental Disabilities Act, and the

6 Department to examine and copy such record upon request.

7 The facility director of the Chester Mental Health Center

8 may authorize the temporary use of transport devices on a civil

9 recipient when necessary in the course of transport of the

10 civil recipient outside the facility to maintain custody or

11 security. The decision whether to use any transport devices

12 shall be reviewed and approved on an individualized basis by a

13 physician, an advanced practice registered nurse, or a

14 physician assistant based upon a determination of the civil

15 recipient's: (1) history of violence, (2) history of violence

16 during transports, (3) history of escapes and escape attempts,

17 (4) history of trauma, (5) history of incidents of restraint or

18 seclusion and use of involuntary medication, (6) current

19 functioning level and medical status, and (7) prior experience

20 during similar transports, and the length, duration, and

21 purpose of the transport. The least restrictive transport

22 device consistent with the individual's need shall be used.

23 Staff transporting the individual shall be trained in the use

24 of the transport devices, recognizing and responding to a

25 person in distress, and shall observe and monitor the

26 individual while being transported. The facility shall keep a

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1 monthly record listing all transports, including those

2 transports for which use of transport devices was not sought,

3 those for which use of transport devices was sought but denied,

4 and each instance in which transport devices are used,

5 circumstances indicating the need for use of transport devices,

6 time of application of transport devices, time of release from

7 those devices, and any adverse events. The facility director

8 shall allow the Illinois Guardianship and Advocacy Commission,

9 the agency designated by the Governor under Section 1 of the

10 Protection and Advocacy for Persons with Developmental

11 Disabilities Act, and the Department to examine and copy the

12 record upon request. This use of transport devices shall not be

13 considered restraint as defined in the Mental Health and

14 Developmental Disabilities Code. For the purpose of this

15 Section "transport device" means ankle cuffs, handcuffs, waist

16 chains or wrist-waist devices designed to restrict an

17 individual's range of motion while being transported. These

18 devices must be approved by the Division of Mental Health, used

19 in accordance with the manufacturer's instructions, and used

20 only by qualified staff members who have completed all training

21 required to be eligible to transport patients and all other

22 required training relating to the safe use and application of

23 transport devices, including recognizing and responding to

24 signs of distress in an individual whose movement is being

25 restricted by a transport device.

26 If and when it shall appear to the satisfaction of the

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1 Department that any person confined in the Chester Mental

2 Health Center is not or has ceased to be such a source of

3 danger to the public as to require his subjection to the

4 regimen of the center, the Department is hereby authorized to

5 transfer such person to any State facility for treatment of

6 persons with mental illness or habilitation of persons with

7 developmental disabilities, as the nature of the individual

8 case may require.

9 Subject to the provisions of this Section, the Department,

10 except where otherwise provided by law, shall, with respect to

11 the management, conduct and control of the Chester Mental

12 Health Center and the discipline, custody and treatment of the

13 persons confined therein, have and exercise the same rights and

14 powers as are vested by law in the Department with respect to

15 any and all of the State facilities for treatment of persons

16 with mental illness or habilitation of persons with

17 developmental disabilities, and the recipients thereof, and

18 shall be subject to the same duties as are imposed by law upon

19 the Department with respect to such facilities and the

20 recipients thereof.

21 The Department may elect to place persons who have been

22 ordered by the court to be detained under the Sexually Violent

23 Persons Commitment Act in a distinct portion of the Chester

24 Mental Health Center. The persons so placed shall be separated

25 and shall not comingle with the recipients of the Chester

26 Mental Health Center. The portion of Chester Mental Health

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1 Center that is used for the persons detained under the Sexually

2 Violent Persons Commitment Act shall not be a part of the

3 mental health facility for the enforcement and implementation

4 of the Mental Health and Developmental Disabilities Code nor

5 shall their care and treatment be subject to the provisions of

6 the Mental Health and Developmental Disabilities Code. The

7 changes added to this Section by this amendatory Act of the

8 98th General Assembly are inoperative on and after June 30,

9 2015.

10 (Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13;

11 98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-581, eff.

12 1-1-17.)

13 (20 ILCS 1705/15.4)

14 Sec. 15.4. Authorization for nursing delegation to permit

15 direct care staff to administer medications.

16 (a) This Section applies to (i) all programs for persons

17 with a developmental disability in settings of 16 persons or

18 fewer that are funded or licensed by the Department of Human

19 Services and that distribute or administer medications and (ii)

20 all intermediate care facilities for persons with

21 developmental disabilities with 16 beds or fewer that are

22 licensed by the Department of Public Health. The Department of

23 Human Services shall develop a training program for authorized

24 direct care staff to administer medications under the

25 supervision and monitoring of a registered professional nurse.

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1 This training program shall be developed in consultation with

2 professional associations representing (i) physicians licensed

3 to practice medicine in all its branches, (ii) registered

4 professional nurses, and (iii) pharmacists.

5 (b) For the purposes of this Section:

6 "Authorized direct care staff" means non-licensed persons

7 who have successfully completed a medication administration

8 training program approved by the Department of Human Services

9 and conducted by a nurse-trainer. This authorization is

10 specific to an individual receiving service in a specific

11 agency and does not transfer to another agency.

12 "Medications" means oral and topical medications, insulin

13 in an injectable form, oxygen, epinephrine auto-injectors, and

14 vaginal and rectal creams and suppositories. "Oral" includes

15 inhalants and medications administered through enteral tubes,

16 utilizing aseptic technique. "Topical" includes eye, ear, and

17 nasal medications. Any controlled substances must be packaged

18 specifically for an identified individual.

19 "Insulin in an injectable form" means a subcutaneous

20 injection via an insulin pen pre-filled by the manufacturer.

21 Authorized direct care staff may administer insulin, as ordered

22 by a physician, advanced practice registered nurse, or

23 physician assistant, if: (i) the staff has successfully

24 completed a Department-approved advanced training program

25 specific to insulin administration developed in consultation

26 with professional associations listed in subsection (a) of this

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1 Section, and (ii) the staff consults with the registered nurse,

2 prior to administration, of any insulin dose that is determined

3 based on a blood glucose test result. The authorized direct

4 care staff shall not: (i) calculate the insulin dosage needed

5 when the dose is dependent upon a blood glucose test result, or

6 (ii) administer insulin to individuals who require blood

7 glucose monitoring greater than 3 times daily, unless directed

8 to do so by the registered nurse.

9 "Nurse-trainer training program" means a standardized,

10 competency-based medication administration train-the-trainer

11 program provided by the Department of Human Services and

12 conducted by a Department of Human Services master

13 nurse-trainer for the purpose of training nurse-trainers to

14 train persons employed or under contract to provide direct care

15 or treatment to individuals receiving services to administer

16 medications and provide self-administration of medication

17 training to individuals under the supervision and monitoring of

18 the nurse-trainer. The program incorporates adult learning

19 styles, teaching strategies, classroom management, and a

20 curriculum overview, including the ethical and legal aspects of

21 supervising those administering medications.

22 "Self-administration of medications" means an individual

23 administers his or her own medications. To be considered

24 capable to self-administer their own medication, individuals

25 must, at a minimum, be able to identify their medication by

26 size, shape, or color, know when they should take the

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1 medication, and know the amount of medication to be taken each

2 time.

3 "Training program" means a standardized medication

4 administration training program approved by the Department of

5 Human Services and conducted by a registered professional nurse

6 for the purpose of training persons employed or under contract

7 to provide direct care or treatment to individuals receiving

8 services to administer medications and provide

9 self-administration of medication training to individuals

10 under the delegation and supervision of a nurse-trainer. The

11 program incorporates adult learning styles, teaching

12 strategies, classroom management, curriculum overview,

13 including ethical-legal aspects, and standardized

14 competency-based evaluations on administration of medications

15 and self-administration of medication training programs.

16 (c) Training and authorization of non-licensed direct care

17 staff by nurse-trainers must meet the requirements of this

18 subsection.

19 (1) Prior to training non-licensed direct care staff to

20 administer medication, the nurse-trainer shall perform the

21 following for each individual to whom medication will be

22 administered by non-licensed direct care staff:

23 (A) An assessment of the individual's health

24 history and physical and mental status.

25 (B) An evaluation of the medications prescribed.

26 (2) Non-licensed authorized direct care staff shall

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1 meet the following criteria:

2 (A) Be 18 years of age or older.

3 (B) Have completed high school or have a high

4 school equivalency certificate.

5 (C) Have demonstrated functional literacy.

6 (D) Have satisfactorily completed the Health and

7 Safety component of a Department of Human Services

8 authorized direct care staff training program.

9 (E) Have successfully completed the training

10 program, pass the written portion of the comprehensive

11 exam, and score 100% on the competency-based

12 assessment specific to the individual and his or her

13 medications.

14 (F) Have received additional competency-based

15 assessment by the nurse-trainer as deemed necessary by

16 the nurse-trainer whenever a change of medication

17 occurs or a new individual that requires medication

18 administration enters the program.

19 (3) Authorized direct care staff shall be re-evaluated

20 by a nurse-trainer at least annually or more frequently at

21 the discretion of the registered professional nurse. Any

22 necessary retraining shall be to the extent that is

23 necessary to ensure competency of the authorized direct

24 care staff to administer medication.

25 (4) Authorization of direct care staff to administer

26 medication shall be revoked if, in the opinion of the

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1 registered professional nurse, the authorized direct care

2 staff is no longer competent to administer medication.

3 (5) The registered professional nurse shall assess an

4 individual's health status at least annually or more

5 frequently at the discretion of the registered

6 professional nurse.

7 (d) Medication self-administration shall meet the

8 following requirements:

9 (1) As part of the normalization process, in order for

10 each individual to attain the highest possible level of

11 independent functioning, all individuals shall be

12 permitted to participate in their total health care

13 program. This program shall include, but not be limited to,

14 individual training in preventive health and

15 self-medication procedures.

16 (A) Every program shall adopt written policies and

17 procedures for assisting individuals in obtaining

18 preventative health and self-medication skills in

19 consultation with a registered professional nurse,

20 advanced practice registerednurse, physician

21 assistant, or physician licensed to practice medicine

22 in all its branches.

23 (B) Individuals shall be evaluated to determine

24 their ability to self-medicate by the nurse-trainer

25 through the use of the Department's required,

26 standardized screening and assessment instruments.

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1 (C) When the results of the screening and

2 assessment indicate an individual not to be capable to

3 self-administer his or her own medications, programs

4 shall be developed in consultation with the Community

5 Support Team or Interdisciplinary Team to provide

6 individuals with self-medication administration.

7 (2) Each individual shall be presumed to be competent

8 to self-administer medications if:

9 (A) authorized by an order of a physician licensed

10 to practice medicine in all its branches, an advanced

11 practice registered nurse, or a physician assistant;

12 and

13 (B) approved to self-administer medication by the

14 individual's Community Support Team or

15 Interdisciplinary Team, which includes a registered

16 professional nurse or an advanced practice registered

17 nurse.

18 (e) Quality Assurance.

19 (1) A registered professional nurse, advanced practice

20 registerednurse, licensed practical nurse, physician

21 licensed to practice medicine in all its branches,

22 physician assistant, or pharmacist shall review the

23 following for all individuals:

24 (A) Medication orders.

25 (B) Medication labels, including medications

26 listed on the medication administration record for

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1 persons who are not self-medicating to ensure the

2 labels match the orders issued by the physician

3 licensed to practice medicine in all its branches,

4 advanced practice registered nurse, or physician

5 assistant.

6 (C) Medication administration records for persons

7 who are not self-medicating to ensure that the records

8 are completed appropriately for:

9 (i) medication administered as prescribed;

10 (ii) refusal by the individual; and

11 (iii) full signatures provided for all

12 initials used.

13 (2) Reviews shall occur at least quarterly, but may be

14 done more frequently at the discretion of the registered

15 professional nurse or advanced practiceregistered nurse.

16 (3) A quality assurance review of medication errors and

17 data collection for the purpose of monitoring and

18 recommending corrective action shall be conducted within 7

19 days and included in the required annual review.

20 (f) Programs using authorized direct care staff to

21 administer medications are responsible for documenting and

22 maintaining records on the training that is completed.

23 (g) The absence of this training program constitutes a

24 threat to the public interest, safety, and welfare and

25 necessitates emergency rulemaking by the Departments of Human

26 Services and Public Health under Section 5-45 of the Illinois

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1 Administrative Procedure Act.

2 (h) Direct care staff who fail to qualify for delegated

3 authority to administer medications pursuant to the provisions

4 of this Section shall be given additional education and testing

5 to meet criteria for delegation authority to administer

6 medications. Any direct care staff person who fails to qualify

7 as an authorized direct care staff after initial training and

8 testing must within 3 months be given another opportunity for

9 retraining and retesting. A direct care staff person who fails

10 to meet criteria for delegated authority to administer

11 medication, including, but not limited to, failure of the

12 written test on 2 occasions shall be given consideration for

13 shift transfer or reassignment, if possible. No employee shall

14 be terminated for failure to qualify during the 3-month time

15 period following initial testing. Refusal to complete training

16 and testing required by this Section may be grounds for

17 immediate dismissal.

18 (i) No authorized direct care staff person delegated to

19 administer medication shall be subject to suspension or

20 discharge for errors resulting from the staff person's acts or

21 omissions when performing the functions unless the staff

22 person's actions or omissions constitute willful and wanton

23 conduct. Nothing in this subsection is intended to supersede

24 paragraph (4) of subsection (c).

25 (j) A registered professional nurse, advanced practice

26 registerednurse, physician licensed to practice medicine in

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1 all its branches, or physician assistant shall be on duty or on

2 call at all times in any program covered by this Section.

3 (k) The employer shall be responsible for maintaining

4 liability insurance for any program covered by this Section.

5 (l) Any direct care staff person who qualifies as

6 authorized direct care staff pursuant to this Section shall be

7 granted consideration for a one-time additional salary

8 differential. The Department shall determine and provide the

9 necessary funding for the differential in the base. This

10 subsection (l) is inoperative on and after June 30, 2000.

11 (Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; 99-78,

12 eff. 7-20-15; 99-143, eff. 7-27-15; 99-581, eff. 1-1-17.)

13 Section 45. The Department of Professional Regulation Law

14 of the Civil Administrative Code of Illinois is amended by

15 changing Section 2105-17 as follows:

16 (20 ILCS 2105/2105-17)

17 Sec. 2105-17. Volunteer licenses.

18 (a) For the purposes of this Section:

19 "Health care professional" means a physician licensed

20 under the Medical Practice Act of 1987, a dentist licensed

21 under the Illinois Dental Practice Act, an optometrist licensed

22 under the Illinois Optometric Practice Act of 1987, a physician

23 assistant licensed under the Physician Assistant Practice Act

24 of 1987, and a nurse or advanced practice registered nurse

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1 licensed under the Nurse Practice Act. The Department may

2 expand this definition by rule.

3 "Volunteer practice" means the practice of a licensed

4 health care professional for the benefit of an individual or

5 the public and without compensation for the health care

6 services provided.

7 (b) The Department may grant a volunteer license to a

8 health care professional who:

9 (1) meets all requirements of the State licensing Act

10 that applies to his or her health care profession and the

11 rules adopted under the Act; and

12 (2) agrees to engage in the volunteer practice of his

13 or her health care profession in a free medical clinic, as

14 defined in the Good Samaritan Act, or in a public health

15 clinic, as defined in Section 6-101 of the Local

16 Governmental and Governmental Employees Tort Immunities

17 Act, and to not practice for compensation.

18 (c) A volunteer license shall be granted in accordance with

19 the licensing Act that applies to the health care

20 professional's given health care profession, and the licensure

21 fee shall be set by rule in accordance with subsection (f).

22 (d) No health care professional shall hold a non-volunteer

23 license in a health care profession and a volunteer license in

24 that profession at the same time. In the event that the health

25 care professional obtains a volunteer license in the profession

26 for which he or she holds a non-volunteer license, that

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1 non-volunteer license shall automatically be placed in

2 inactive status. In the event that a health care professional

3 obtains a non-volunteer license in the profession for which he

4 or she holds a volunteer license, the volunteer license shall

5 be placed in inactive status. Practicing on an expired

6 volunteer license constitutes the unlicensed practice of the

7 health care professional's profession.

8 (e) Nothing in this Section shall be construed to waive or

9 modify any statute, rule, or regulation concerning the

10 licensure or practice of any health care profession. A health

11 care professional who holds a volunteer license shall be

12 subject to all statutes, rules, and regulations governing his

13 or her profession. The Department shall waive the licensure fee

14 for the first 500 volunteer licenses issued and may by rule

15 provide for a fee waiver or fee reduction that shall apply to

16 all licenses issued after the initial 500.

17 (f) The Department shall determine by rule the total number

18 of volunteer licenses to be issued. The Department shall file

19 proposed rules implementing this Section within 6 months after

20 the effective date of this amendatory Act of the 98th General

21 Assembly.

22 (Source: P.A. 98-659, eff. 6-23-14.)

23 Section 50. The Department of Public Health Act is amended

24 by changing Sections 7 and 8.2 as follows:

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1 (20 ILCS 2305/7) (from Ch. 111 1/2, par. 22.05)

2 Sec. 7. The Illinois Department of Public Health shall

3 adopt rules requiring that upon death of a person who had or is

4 suspected of having an infectious or communicable disease that

5 could be transmitted through contact with the person's body or

6 bodily fluids, the body shall be labeled "Infection Hazard", or

7 with an equivalent term to inform persons having subsequent

8 contact with the body, including any funeral director or

9 embalmer, to take suitable precautions. Such rules shall

10 require that the label shall be prominently displayed on and

11 affixed to the outer wrapping or covering of the body if the

12 body is wrapped or covered in any manner. Responsibility for

13 such labeling shall lie with the attending physician, advanced

14 practice registerednurse, or physician assistant who

15 certifies death, or if the death occurs in a health care

16 facility, with such staff member as may be designated by the

17 administrator of the facility. The Department may adopt rules

18 providing for the safe disposal of human remains. To the extent

19 feasible without endangering the public's health, the

20 Department shall respect and accommodate the religious beliefs

21 of individuals in implementing this Section.

22 (Source: P.A. 99-581, eff. 1-1-17.)

23 (20 ILCS 2305/8.2)

24 Sec. 8.2. Osteoporosis Prevention and Education Program.

25 (a) The Department of Public Health, utilizing available

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1 federal funds, State funds appropriated for that purpose, or

2 other available funding as provided for in this Section, shall

3 establish, promote, and maintain an Osteoporosis Prevention

4 and Education Program to promote public awareness of the causes

5 of osteoporosis, options for prevention, the value of early

6 detection, and possible treatments (including the benefits and

7 risks of those treatments). The Department may accept, for that

8 purpose, any special grant of money, services, or property from

9 the federal government or any of its agencies or from any

10 foundation, organization, or medical school.

11 (b) The program shall include the following:

12 (1) Development of a public education and outreach

13 campaign to promote osteoporosis prevention and education,

14 including, but not limited to, the following subjects:

15 (A) The cause and nature of the disease.

16 (B) Risk factors.

17 (C) The role of hysterectomy.

18 (D) Prevention of osteoporosis, including

19 nutrition, diet, and physical exercise.

20 (E) Diagnostic procedures and appropriate

21 indications for their use.

22 (F) Hormone replacement, including benefits and

23 risks.

24 (G) Environmental safety and injury prevention.

25 (H) Availability of osteoporosis diagnostic

26 treatment services in the community.

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1 (2) Development of educational materials to be made

2 available for consumers, particularly targeted to

3 high-risk groups, through local health departments, local

4 physicians, advanced practice registered nurses, or

5 physician assistants, other providers (including, but not

6 limited to, health maintenance organizations, hospitals,

7 and clinics), and women's organizations.

8 (3) Development of professional education programs for

9 health care providers to assist them in understanding

10 research findings and the subjects set forth in paragraph

11 (1).

12 (4) Development and maintenance of a list of current

13 providers of specialized services for the prevention and

14 treatment of osteoporosis. Dissemination of the list shall

15 be accompanied by a description of diagnostic procedures,

16 appropriate indications for their use, and a cautionary

17 statement about the current status of osteoporosis

18 research, prevention, and treatment. The statement shall

19 also indicate that the Department does not license,

20 certify, or in any other way approve osteoporosis programs

21 or centers in this State.

22 (c) The State Board of Health shall serve as an advisory

23 board to the Department with specific respect to the prevention

24 and education activities related to osteoporosis described in

25 this Section. The State Board of Health shall assist the

26 Department in implementing this Section.

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1 (Source: P.A. 99-581, eff. 1-1-17.)

2 Section 55. The Department of Public Health Powers and

3 Duties Law of the Civil Administrative Code of Illinois is

4 amended by changing Sections 2310-145, 2310-397, 2310-410,

5 2310-600, 2310-677, and 2310-690 as follows:

6 (20 ILCS 2310/2310-145)

7 Sec. 2310-145. Registry of health care professionals. The

8 Department of Public Health shall maintain a registry of all

9 active-status health care professionals, including nurses,

10 nurse practitioners, advanced practice registered nurses,

11 physicians, physician assistants, psychologists, professional

12 counselors, clinical professional counselors, and pharmacists.

13 The registry must consist of information shared between the

14 Department of Public Health and the Department of Financial and

15 Professional Regulation via a secure communication link. The

16 registry must be updated on a quarterly basis.

17 The registry shall be accessed in the event of an act of

18 bioterrorism or other public health emergency or for the

19 planning for the possibility of such an event.

20 (Source: P.A. 96-377, eff. 1-1-10.)

21 (20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90)

22 Sec. 2310-397. Prostate and testicular cancer program.

23 (a) The Department, subject to appropriation or other

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1 available funding, shall conduct a program to promote awareness

2 and early detection of prostate and testicular cancer. The

3 program may include, but need not be limited to:

4 (1) Dissemination of information regarding the

5 incidence of prostate and testicular cancer, the risk

6 factors associated with prostate and testicular cancer,

7 and the benefits of early detection and treatment.

8 (2) Promotion of information and counseling about

9 treatment options.

10 (3) Establishment and promotion of referral services

11 and screening programs.

12 Beginning July 1, 2004, the program must include the

13 development and dissemination, through print and broadcast

14 media, of public service announcements that publicize the

15 importance of prostate cancer screening for men over age 40.

16 (b) Subject to appropriation or other available funding, a

17 Prostate Cancer Screening Program shall be established in the

18 Department of Public Health.

19 (1) The Program shall apply to the following persons

20 and entities:

21 (A) uninsured and underinsured men 50 years of age

22 and older;

23 (B) uninsured and underinsured men between 40 and

24 50 years of age who are at high risk for prostate

25 cancer, upon the advice of a physician, advanced

26 practice registered nurse, or physician assistant or

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1 upon the request of the patient; and

2 (C) non-profit organizations providing assistance

3 to persons described in subparagraphs (A) and (B).

4 (2) Any entity funded by the Program shall coordinate

5 with other local providers of prostate cancer screening,

6 diagnostic, follow-up, education, and advocacy services to

7 avoid duplication of effort. Any entity funded by the

8 Program shall comply with any applicable State and federal

9 standards regarding prostate cancer screening.

10 (3) Administrative costs of the Department shall not

11 exceed 10% of the funds allocated to the Program. Indirect

12 costs of the entities funded by this Program shall not

13 exceed 12%. The Department shall define "indirect costs" in

14 accordance with applicable State and federal law.

15 (4) Any entity funded by the Program shall collect data

16 and maintain records that are determined by the Department

17 to be necessary to facilitate the Department's ability to

18 monitor and evaluate the effectiveness of the entities and

19 the Program. Commencing with the Program's second year of

20 operation, the Department shall submit an Annual Report to

21 the General Assembly and the Governor. The report shall

22 describe the activities and effectiveness of the Program

23 and shall include, but not be limited to, the following

24 types of information regarding those served by the Program:

25 (A) the number; and

26 (B) the ethnic, geographic, and age breakdown.

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1 (5) The Department or any entity funded by the Program

2 shall collect personal and medical information necessary

3 to administer the Program from any individual applying for

4 services under the Program. The information shall be

5 confidential and shall not be disclosed other than for

6 purposes directly connected with the administration of the

7 Program or except as otherwise provided by law or pursuant

8 to prior written consent of the subject of the information.

9 (6) The Department or any entity funded by the program

10 may disclose the confidential information to medical

11 personnel and fiscal intermediaries of the State to the

12 extent necessary to administer the Program, and to other

13 State public health agencies or medical researchers if the

14 confidential information is necessary to carry out the

15 duties of those agencies or researchers in the

16 investigation, control, or surveillance of prostate

17 cancer.

18 (c) The Department shall adopt rules to implement the

19 Prostate Cancer Screening Program in accordance with the

20 Illinois Administrative Procedure Act.

21 (Source: P.A. 98-87, eff. 1-1-14; 99-581, eff. 1-1-17.)

22 (20 ILCS 2310/2310-410) (was 20 ILCS 2310/55.42)

23 Sec. 2310-410. Sickle cell disease. To conduct a public

24 information campaign for physicians, advanced practice

25 registerednurses, physician assistants, hospitals, health

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1 facilities, public health departments, and the general public

2 on sickle cell disease, methods of care, and treatment

3 modalities available; to identify and catalogue sickle cell

4 resources in this State for distribution and referral purposes;

5 and to coordinate services with the established programs,

6 including State, federal, and voluntary groups.

7 (Source: P.A. 99-581, eff. 1-1-17.)

8 (20 ILCS 2310/2310-600)

9 Sec. 2310-600. Advance directive information.

10 (a) The Department of Public Health shall prepare and

11 publish the summary of advance directives law, as required by

12 the federal Patient Self-Determination Act, and related forms.

13 Publication may be limited to the World Wide Web. The summary

14 required under this subsection (a) must include the Department

15 of Public Health Uniform POLST form.

16 (b) The Department of Public Health shall publish Spanish

17 language versions of the following:

18 (1) The statutory Living Will Declaration form.

19 (2) The Illinois Statutory Short Form Power of Attorney

20 for Health Care.

21 (3) The statutory Declaration of Mental Health

22 Treatment Form.

23 (4) The summary of advance directives law in Illinois.

24 (5) The Department of Public Health Uniform POLST form.

25 Publication may be limited to the World Wide Web.

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1 (b-5) In consultation with a statewide professional

2 organization representing physicians licensed to practice

3 medicine in all its branches, statewide organizations

4 representing physician assistants, advanced practice

5 registered nurses, nursing homes, registered professional

6 nurses, and emergency medical systems, and a statewide

7 organization representing hospitals, the Department of Public

8 Health shall develop and publish a uniform form for

9 practitioner cardiopulmonary resuscitation (CPR) or

10 life-sustaining treatment orders that may be utilized in all

11 settings. The form shall meet the published minimum

12 requirements to nationally be considered a practitioner orders

13 for life-sustaining treatment form, or POLST, and may be

14 referred to as the Department of Public Health Uniform POLST

15 form. This form does not replace a physician's or other

16 practitioner's authority to make a do-not-resuscitate (DNR)

17 order.

18 (c) (Blank).

19 (d) The Department of Public Health shall publish the

20 Department of Public Health Uniform POLST form reflecting the

21 changes made by this amendatory Act of the 98th General

22 Assembly no later than January 1, 2015.

23 (Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16;

24 99-581, eff. 1-1-17.)

25 (20 ILCS 2310/2310-677)

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1 (Section scheduled to be repealed on June 30, 2019)

2 Sec. 2310-677. Neonatal Abstinence Syndrome Advisory

3 Committee.

4 (a) As used in this Section:

5 "Department" means the Department of Public Health.

6 "Director" means the Director of Public Health.

7 "Neonatal Abstinence Syndrome" or "NAS" means various

8 adverse conditions that occur in a newborn infant who was

9 exposed to addictive or prescription drugs while in the

10 mother's womb.

11 (b) There is created the Advisory Committee on Neonatal

12 Abstinence Syndrome. The Advisory Committee shall consist of up

13 to 10 members appointed by the Director of Public Health. The

14 Director shall make the appointments within 90 days after the

15 effective date of this amendatory Act of the 99th General

16 Assembly. Members shall receive no compensation for their

17 services. The members of the Advisory Committee shall represent

18 different racial, ethnic, and geographic backgrounds and

19 consist of:

20 (1) at least one member representing a statewide

21 association of hospitals;

22 (2) at least one member representing a statewide

23 organization of pediatricians;

24 (3) at least one member representing a statewide

25 organization of obstetricians;

26 (4) at least one member representing a statewide

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1 organization that advocates for the health of mothers and

2 infants;

3 (5) at least one member representing a statewide

4 organization of licensed physicians;

5 (6) at least one member who is a licensed practical

6 nurse, registered professional nurse, or advanced practice

7 registered nurse with expertise in the treatment of

8 newborns in neonatal intensive care units;

9 (7) at least one member representing a local or

10 regional public health agency; and

11 (8) at least one member with expertise in the treatment

12 of drug dependency and addiction.

13 (c) In addition to the membership in subsection (a) of this

14 Section, the following persons or their designees shall serve

15 as ex officio members of the Advisory Committee: the Director

16 of Public Health, the Secretary of Human Services, the Director

17 of Healthcare and Family Services, and the Director of Children

18 and Family Services. The Director of Public Health, or his or

19 her designee, shall serve as Chair of the Committee.

20 (d) The Advisory Committee shall meet at the call of the

21 Chair. The Committee shall meet at least 3 times each year and

22 its initial meeting shall take place within 120 days after the

23 effective date of this Act. The Advisory Committee shall advise

24 and assist the Department to:

25 (1) develop an appropriate standard clinical

26 definition of "NAS";

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1 (2) develop a uniform process of identifying NAS;

2 (3) develop protocols for training hospital personnel

3 in implementing an appropriate and uniform process for

4 identifying and treating NAS;

5 (4) identify and develop options for reporting NAS data

6 to the Department by using existing or new data reporting

7 options; and

8 (5) make recommendations to the Department on

9 evidence-based guidelines and programs to improve the

10 outcomes of pregnancies with respect to NAS.

11 (e) The Advisory Committee shall provide an annual report

12 of its activities and recommendations to the Director, the

13 General Assembly, and the Governor by March 31 of each year

14 beginning in 2016. The final report of the Advisory Committee

15 shall be submitted by March 31, 2019.

16 (f) This Section is repealed on June 30, 2019.

17 (Source: P.A. 99-320, eff. 8-7-15.)

18 (20 ILCS 2310/2310-690)

19 Sec. 2310-690. Cytomegalovirus public education.

20 (a) In this Section:

21 "CMV" means cytomegalovirus.

22 "Health care professional and provider" means any

23 physician, advanced practice registered nurse, physician

24 assistant, hospital facility, or other person that is

25 licensed or otherwise authorized to deliver health care

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1 services.

2 (b) The Department shall develop or approve and publish

3 informational materials for women who may become pregnant,

4 expectant parents, and parents of infants regarding:

5 (1) the incidence of CMV;

6 (2) the transmission of CMV to pregnant women and women

7 who may become pregnant;

8 (3) birth defects caused by congenital CMV;

9 (4) methods of diagnosing congenital CMV; and

10 (5) available preventive measures to avoid the

11 infection of women who are pregnant or may become pregnant.

12 (c) The Department shall publish the information required

13 under subsection (b) on its Internet website.

14 (d) The Department shall publish information to:

15 (1) educate women who may become pregnant, expectant

16 parents, and parents of infants about CMV; and

17 (2) raise awareness of CMV among health care

18 professionals and providers who provide care to expectant

19 mothers or infants.

20 (e) The Department may solicit and accept the assistance of

21 any relevant health care professional associations or

22 community resources, including faith-based resources, to

23 promote education about CMV under this Section.

24 (f) If a newborn infant fails the 2 initial hearing

25 screenings in the hospital, then the hospital performing that

26 screening shall provide to the parents of the newborn infant

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1 information regarding: (i) birth defects caused by congenital

2 CMV; (ii) testing opportunities and options for CMV, including

3 the opportunity to test for CMV before leaving the hospital;

4 and (iii) early intervention services. Health care

5 professionals and providers may, but are not required to, use

6 the materials developed by the Department for distribution to

7 parents of newborn infants.

8 (Source: P.A. 99-424, eff. 1-1-16; 99-581, eff. 1-1-17; 99-642,

9 eff. 7-28-26.)

10 Section 60. The Community Health Worker Advisory Board Act

11 is amended by changing Section 10 as follows:

12 (20 ILCS 2335/10)

13 Sec. 10. Advisory Board.

14 (a) There is created the Advisory Board on Community Health

15 Workers. The Board shall consist of 16 members appointed by the

16 Director of Public Health. The Director shall make the

17 appointments to the Board within 90 days after the effective

18 date of this Act. The members of the Board shall represent

19 different racial and ethnic backgrounds and have the

20 qualifications as follows:

21 (1) four members who currently serve as community

22 health workers in Cook County, one of whom shall have

23 served as a health insurance marketplace navigator;

24 (2) two members who currently serve as community health

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1 workers in DuPage, Kane, Lake, or Will County;

2 (3) one member who currently serves as a community

3 health worker in Bond, Calhoun, Clinton, Jersey, Macoupin,

4 Madison, Monroe, Montgomery, Randolph, St. Clair, or

5 Washington County;

6 (4) one member who currently serves as a community

7 health worker in any other county in the State;

8 (5) one member who is a physician licensed to practice

9 medicine in Illinois;

10 (6) one member who is a physician assistant;

11 (7) one member who is a licensed nurse or advanced

12 practice registered nurse;

13 (8) one member who is a licensed social worker,

14 counselor, or psychologist;

15 (9) one member who currently employs community health

16 workers;

17 (10) one member who is a health policy advisor with

18 experience in health workforce policy;

19 (11) one member who is a public health professional

20 with experience with community health policy; and

21 (12) one representative of a community college,

22 university, or educational institution that provides

23 training to community health workers.

24 (b) In addition, the following persons or their designees

25 shall serve as ex officio, non-voting members of the Board: the

26 Executive Director of the Illinois Community College Board, the

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1 Director of Children and Family Services, the Director of

2 Aging, the Director of Public Health, the Director of

3 Employment Security, the Director of Commerce and Economic

4 Opportunity, the Secretary of Financial and Professional

5 Regulation, the Director of Healthcare and Family Services, and

6 the Secretary of Human Services.

7 (c) The voting members of the Board shall select a

8 chairperson from the voting members of the Board. The Board

9 shall consult with additional experts as needed. Members of the

10 Board shall serve without compensation. The Department shall

11 provide administrative and staff support to the Board. The

12 meetings of the Board are subject to the provisions of the Open

13 Meetings Act.

14 (d) The Board shall consider the core competencies of a

15 community health worker, including skills and areas of

16 knowledge that are essential to bringing about expanded health

17 and wellness in diverse communities and reducing health

18 disparities. As relating to members of communities and health

19 teams, the core competencies for effective community health

20 workers may include, but are not limited to:

21 (1) outreach methods and strategies;

22 (2) client and community assessment;

23 (3) effective community-based and participatory

24 methods, including research;

25 (4) culturally competent communication and care;

26 (5) health education for behavior change;

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1 (6) support, advocacy, and health system navigation

2 for clients;

3 (7) application of public health concepts and

4 approaches;

5 (8) individual and community capacity building and

6 mobilization; and

7 (9) writing, oral, technical, and communication

8 skills.

9 (Source: P.A. 98-796, eff. 7-31-14; 99-581, eff. 1-1-17.)

10 Section 65. The Illinois Housing Development Act is amended

11 by changing Section 7.30 as follows:

12 (20 ILCS 3805/7.30)

13 Sec. 7.30. Foreclosure Prevention Program.

14 (a) The Authority shall establish and administer a

15 Foreclosure Prevention Program. The Authority shall use moneys

16 in the Foreclosure Prevention Program Fund, and any other funds

17 appropriated for this purpose, to make grants to (i) approved

18 counseling agencies for approved housing counseling and (ii)

19 approved community-based organizations for approved

20 foreclosure prevention outreach programs. The Authority shall

21 promulgate rules to implement this Program and may adopt

22 emergency rules as soon as practicable to begin implementation

23 of the Program.

24 (b) Subject to appropriation and the annual receipt of

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1 funds, the Authority shall make grants from the Foreclosure

2 Prevention Program Fund derived from fees paid as specified in

3 subsection (a) of Section 15-1504.1 of the Code of Civil

4 Procedure as follows:

5 (1) 25% of the moneys in the Fund shall be used to make

6 grants to approved counseling agencies that provide

7 services in Illinois outside of the City of Chicago. Grants

8 shall be based upon the number of foreclosures filed in an

9 approved counseling agency's service area, the capacity of

10 the agency to provide foreclosure counseling services, and

11 any other factors that the Authority deems appropriate.

12 (2) 25% of the moneys in the Fund shall be distributed

13 to the City of Chicago to make grants to approved

14 counseling agencies located within the City of Chicago for

15 approved housing counseling or to support foreclosure

16 prevention counseling programs administered by the City of

17 Chicago.

18 (3) 25% of the moneys in the Fund shall be used to make

19 grants to approved community-based organizations located

20 outside of the City of Chicago for approved foreclosure

21 prevention outreach programs.

22 (4) 25% of the moneys in the Fund shall be used to make

23 grants to approved community-based organizations located

24 within the City of Chicago for approved foreclosure

25 prevention outreach programs, with priority given to

26 programs that provide door-to-door outreach.

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1 (b-1) Subject to appropriation and the annual receipt of

2 funds, the Authority shall make grants from the Foreclosure

3 Prevention Program Graduated Fund derived from fees paid as

4 specified in paragraph (1) of subsection (a-5) of Section

5 15-1504.1 of the Code of Civil Procedure, as follows:

6 (1) 30% shall be used to make grants for approved

7 housing counseling in Cook County outside of the City of

8 Chicago;

9 (2) 25% shall be used to make grants for approved

10 housing counseling in the City of Chicago;

11 (3) 30% shall be used to make grants for approved

12 housing counseling in DuPage, Kane, Lake, McHenry, and Will

13 Counties; and

14 (4) 15% shall be used to make grants for approved

15 housing counseling in Illinois in counties other than Cook,

16 DuPage, Kane, Lake, McHenry, and Will Counties provided

17 that grants to provide approved housing counseling to

18 borrowers residing within these counties shall be based, to

19 the extent practicable, (i) proportionately on the amount

20 of fees paid to the respective clerks of the courts within

21 these counties and (ii) on any other factors that the

22 Authority deems appropriate.

23 The percentages set forth in this subsection (b-1) shall be

24 calculated after deduction of reimbursable administrative

25 expenses incurred by the Authority, but shall not be greater

26 than 4% of the annual appropriated amount.

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1 (b-5) As used in this Section:

2 "Approved community-based organization" means a

3 not-for-profit entity that provides educational and financial

4 information to residents of a community through in-person

5 contact. "Approved community-based organization" does not

6 include a not-for-profit corporation or other entity or person

7 that provides legal representation or advice in a civil

8 proceeding or court-sponsored mediation services, or a

9 governmental agency.

10 "Approved foreclosure prevention outreach program" means a

11 program developed by an approved community-based organization

12 that includes in-person contact with residents to provide (i)

13 pre-purchase and post-purchase home ownership counseling, (ii)

14 education about the foreclosure process and the options of a

15 mortgagor in a foreclosure proceeding, and (iii) programs

16 developed by an approved community-based organization in

17 conjunction with a State or federally chartered financial

18 institution.

19 "Approved counseling agency" means a housing counseling

20 agency approved by the U.S. Department of Housing and Urban

21 Development.

22 "Approved housing counseling" means in-person counseling

23 provided by a counselor employed by an approved counseling

24 agency to all borrowers, or documented telephone counseling

25 where a hardship would be imposed on one or more borrowers. A

26 hardship shall exist in instances in which the borrower is

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1 confined to his or her home due to a medical condition, as

2 verified in writing by a physician, advanced practice

3 registered nurse, or physician assistant, or the borrower

4 resides 50 miles or more from the nearest approved counseling

5 agency. In instances of telephone counseling, the borrower must

6 supply all necessary documents to the counselor at least 72

7 hours prior to the scheduled telephone counseling session.

8 (c) (Blank).

9 (c-5) Where the jurisdiction of an approved counseling

10 agency is included within more than one of the geographic areas

11 set forth in this Section, the Authority may elect to fully

12 fund the applicant from one of the relevant geographic areas.

13 (Source: P.A. 98-20, eff. 6-11-13; 99-581, eff. 1-1-17.)

14 Section 70. The Property Tax Code is amended by changing

15 Sections 15-168 and 15-172 as follows:

16 (35 ILCS 200/15-168)

17 Sec. 15-168. Homestead exemption for persons with

18 disabilities.

19 (a) Beginning with taxable year 2007, an annual homestead

20 exemption is granted to persons with disabilities in the amount

21 of $2,000, except as provided in subsection (c), to be deducted

22 from the property's value as equalized or assessed by the

23 Department of Revenue. The person with a disability shall

24 receive the homestead exemption upon meeting the following

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1 requirements:

2 (1) The property must be occupied as the primary

3 residence by the person with a disability.

4 (2) The person with a disability must be liable for

5 paying the real estate taxes on the property.

6 (3) The person with a disability must be an owner of

7 record of the property or have a legal or equitable

8 interest in the property as evidenced by a written

9 instrument. In the case of a leasehold interest in

10 property, the lease must be for a single family residence.

11 A person who has a disability during the taxable year is

12 eligible to apply for this homestead exemption during that

13 taxable year. Application must be made during the application

14 period in effect for the county of residence. If a homestead

15 exemption has been granted under this Section and the person

16 awarded the exemption subsequently becomes a resident of a

17 facility licensed under the Nursing Home Care Act, the

18 Specialized Mental Health Rehabilitation Act of 2013, the ID/DD

19 Community Care Act, or the MC/DD Act, then the exemption shall

20 continue (i) so long as the residence continues to be occupied

21 by the qualifying person's spouse or (ii) if the residence

22 remains unoccupied but is still owned by the person qualified

23 for the homestead exemption.

24 (b) For the purposes of this Section, "person with a

25 disability" means a person unable to engage in any substantial

26 gainful activity by reason of a medically determinable physical

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1 or mental impairment which can be expected to result in death

2 or has lasted or can be expected to last for a continuous

3 period of not less than 12 months. Persons with disabilities

4 filing claims under this Act shall submit proof of disability

5 in such form and manner as the Department shall by rule and

6 regulation prescribe. Proof that a claimant is eligible to

7 receive disability benefits under the Federal Social Security

8 Act shall constitute proof of disability for purposes of this

9 Act. Issuance of an Illinois Person with a Disability

10 Identification Card stating that the claimant is under a Class

11 2 disability, as defined in Section 4A of the Illinois

12 Identification Card Act, shall constitute proof that the person

13 named thereon is a person with a disability for purposes of

14 this Act. A person with a disability not covered under the

15 Federal Social Security Act and not presenting an Illinois

16 Person with a Disability Identification Card stating that the

17 claimant is under a Class 2 disability shall be examined by a

18 physician, advanced practice registered nurse, or physician

19 assistant designated by the Department, and his status as a

20 person with a disability determined using the same standards as

21 used by the Social Security Administration. The costs of any

22 required examination shall be borne by the claimant.

23 (c) For land improved with (i) an apartment building owned

24 and operated as a cooperative or (ii) a life care facility as

25 defined under Section 2 of the Life Care Facilities Act that is

26 considered to be a cooperative, the maximum reduction from the

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1 value of the property, as equalized or assessed by the

2 Department, shall be multiplied by the number of apartments or

3 units occupied by a person with a disability. The person with a

4 disability shall receive the homestead exemption upon meeting

5 the following requirements:

6 (1) The property must be occupied as the primary

7 residence by the person with a disability.

8 (2) The person with a disability must be liable by

9 contract with the owner or owners of record for paying the

10 apportioned property taxes on the property of the

11 cooperative or life care facility. In the case of a life

12 care facility, the person with a disability must be liable

13 for paying the apportioned property taxes under a life care

14 contract as defined in Section 2 of the Life Care

15 Facilities Act.

16 (3) The person with a disability must be an owner of

17 record of a legal or equitable interest in the cooperative

18 apartment building. A leasehold interest does not meet this

19 requirement.

20 If a homestead exemption is granted under this subsection, the

21 cooperative association or management firm shall credit the

22 savings resulting from the exemption to the apportioned tax

23 liability of the qualifying person with a disability. The chief

24 county assessment officer may request reasonable proof that the

25 association or firm has properly credited the exemption. A

26 person who willfully refuses to credit an exemption to the

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1 qualified person with a disability is guilty of a Class B

2 misdemeanor.

3 (d) The chief county assessment officer shall determine the

4 eligibility of property to receive the homestead exemption

5 according to guidelines established by the Department. After a

6 person has received an exemption under this Section, an annual

7 verification of eligibility for the exemption shall be mailed

8 to the taxpayer.

9 In counties with fewer than 3,000,000 inhabitants, the

10 chief county assessment officer shall provide to each person

11 granted a homestead exemption under this Section a form to

12 designate any other person to receive a duplicate of any notice

13 of delinquency in the payment of taxes assessed and levied

14 under this Code on the person's qualifying property. The

15 duplicate notice shall be in addition to the notice required to

16 be provided to the person receiving the exemption and shall be

17 given in the manner required by this Code. The person filing

18 the request for the duplicate notice shall pay an

19 administrative fee of $5 to the chief county assessment

20 officer. The assessment officer shall then file the executed

21 designation with the county collector, who shall issue the

22 duplicate notices as indicated by the designation. A

23 designation may be rescinded by the person with a disability in

24 the manner required by the chief county assessment officer.

25 (e) A taxpayer who claims an exemption under Section 15-165

26 or 15-169 may not claim an exemption under this Section.

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1 (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;

2 99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.

3 7-28-16.)

4 (35 ILCS 200/15-172)

5 Sec. 15-172. Senior Citizens Assessment Freeze Homestead

6 Exemption.

7 (a) This Section may be cited as the Senior Citizens

8 Assessment Freeze Homestead Exemption.

9 (b) As used in this Section:

10 "Applicant" means an individual who has filed an

11 application under this Section.

12 "Base amount" means the base year equalized assessed value

13 of the residence plus the first year's equalized assessed value

14 of any added improvements which increased the assessed value of

15 the residence after the base year.

16 "Base year" means the taxable year prior to the taxable

17 year for which the applicant first qualifies and applies for

18 the exemption provided that in the prior taxable year the

19 property was improved with a permanent structure that was

20 occupied as a residence by the applicant who was liable for

21 paying real property taxes on the property and who was either

22 (i) an owner of record of the property or had legal or

23 equitable interest in the property as evidenced by a written

24 instrument or (ii) had a legal or equitable interest as a

25 lessee in the parcel of property that was single family

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1 residence. If in any subsequent taxable year for which the

2 applicant applies and qualifies for the exemption the equalized

3 assessed value of the residence is less than the equalized

4 assessed value in the existing base year (provided that such

5 equalized assessed value is not based on an assessed value that

6 results from a temporary irregularity in the property that

7 reduces the assessed value for one or more taxable years), then

8 that subsequent taxable year shall become the base year until a

9 new base year is established under the terms of this paragraph.

10 For taxable year 1999 only, the Chief County Assessment Officer

11 shall review (i) all taxable years for which the applicant

12 applied and qualified for the exemption and (ii) the existing

13 base year. The assessment officer shall select as the new base

14 year the year with the lowest equalized assessed value. An

15 equalized assessed value that is based on an assessed value

16 that results from a temporary irregularity in the property that

17 reduces the assessed value for one or more taxable years shall

18 not be considered the lowest equalized assessed value. The

19 selected year shall be the base year for taxable year 1999 and

20 thereafter until a new base year is established under the terms

21 of this paragraph.

22 "Chief County Assessment Officer" means the County

23 Assessor or Supervisor of Assessments of the county in which

24 the property is located.

25 "Equalized assessed value" means the assessed value as

26 equalized by the Illinois Department of Revenue.

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1 "Household" means the applicant, the spouse of the

2 applicant, and all persons using the residence of the applicant

3 as their principal place of residence.

4 "Household income" means the combined income of the members

5 of a household for the calendar year preceding the taxable

6 year.

7 "Income" has the same meaning as provided in Section 3.07

8 of the Senior Citizens and Persons with Disabilities Property

9 Tax Relief Act, except that, beginning in assessment year 2001,

10 "income" does not include veteran's benefits.

11 "Internal Revenue Code of 1986" means the United States

12 Internal Revenue Code of 1986 or any successor law or laws

13 relating to federal income taxes in effect for the year

14 preceding the taxable year.

15 "Life care facility that qualifies as a cooperative" means

16 a facility as defined in Section 2 of the Life Care Facilities

17 Act.

18 "Maximum income limitation" means:

19 (1) $35,000 prior to taxable year 1999;

20 (2) $40,000 in taxable years 1999 through 2003;

21 (3) $45,000 in taxable years 2004 through 2005;

22 (4) $50,000 in taxable years 2006 and 2007; and

23 (5) $55,000 in taxable year 2008 and thereafter.

24 "Residence" means the principal dwelling place and

25 appurtenant structures used for residential purposes in this

26 State occupied on January 1 of the taxable year by a household

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1 and so much of the surrounding land, constituting the parcel

2 upon which the dwelling place is situated, as is used for

3 residential purposes. If the Chief County Assessment Officer

4 has established a specific legal description for a portion of

5 property constituting the residence, then that portion of

6 property shall be deemed the residence for the purposes of this

7 Section.

8 "Taxable year" means the calendar year during which ad

9 valorem property taxes payable in the next succeeding year are

10 levied.

11 (c) Beginning in taxable year 1994, a senior citizens

12 assessment freeze homestead exemption is granted for real

13 property that is improved with a permanent structure that is

14 occupied as a residence by an applicant who (i) is 65 years of

15 age or older during the taxable year, (ii) has a household

16 income that does not exceed the maximum income limitation,

17 (iii) is liable for paying real property taxes on the property,

18 and (iv) is an owner of record of the property or has a legal or

19 equitable interest in the property as evidenced by a written

20 instrument. This homestead exemption shall also apply to a

21 leasehold interest in a parcel of property improved with a

22 permanent structure that is a single family residence that is

23 occupied as a residence by a person who (i) is 65 years of age

24 or older during the taxable year, (ii) has a household income

25 that does not exceed the maximum income limitation, (iii) has a

26 legal or equitable ownership interest in the property as

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1 lessee, and (iv) is liable for the payment of real property

2 taxes on that property.

3 In counties of 3,000,000 or more inhabitants, the amount of

4 the exemption for all taxable years is the equalized assessed

5 value of the residence in the taxable year for which

6 application is made minus the base amount. In all other

7 counties, the amount of the exemption is as follows: (i)

8 through taxable year 2005 and for taxable year 2007 and

9 thereafter, the amount of this exemption shall be the equalized

10 assessed value of the residence in the taxable year for which

11 application is made minus the base amount; and (ii) for taxable

12 year 2006, the amount of the exemption is as follows:

13 (1) For an applicant who has a household income of

14 $45,000 or less, the amount of the exemption is the

15 equalized assessed value of the residence in the taxable

16 year for which application is made minus the base amount.

17 (2) For an applicant who has a household income

18 exceeding $45,000 but not exceeding $46,250, the amount of

19 the exemption is (i) the equalized assessed value of the

20 residence in the taxable year for which application is made

21 minus the base amount (ii) multiplied by 0.8.

22 (3) For an applicant who has a household income

23 exceeding $46,250 but not exceeding $47,500, the amount of

24 the exemption is (i) the equalized assessed value of the

25 residence in the taxable year for which application is made

26 minus the base amount (ii) multiplied by 0.6.

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1 (4) For an applicant who has a household income

2 exceeding $47,500 but not exceeding $48,750, the amount of

3 the exemption is (i) the equalized assessed value of the

4 residence in the taxable year for which application is made

5 minus the base amount (ii) multiplied by 0.4.

6 (5) For an applicant who has a household income

7 exceeding $48,750 but not exceeding $50,000, the amount of

8 the exemption is (i) the equalized assessed value of the

9 residence in the taxable year for which application is made

10 minus the base amount (ii) multiplied by 0.2.

11 When the applicant is a surviving spouse of an applicant

12 for a prior year for the same residence for which an exemption

13 under this Section has been granted, the base year and base

14 amount for that residence are the same as for the applicant for

15 the prior year.

16 Each year at the time the assessment books are certified to

17 the County Clerk, the Board of Review or Board of Appeals shall

18 give to the County Clerk a list of the assessed values of

19 improvements on each parcel qualifying for this exemption that

20 were added after the base year for this parcel and that

21 increased the assessed value of the property.

22 In the case of land improved with an apartment building

23 owned and operated as a cooperative or a building that is a

24 life care facility that qualifies as a cooperative, the maximum

25 reduction from the equalized assessed value of the property is

26 limited to the sum of the reductions calculated for each unit

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1 occupied as a residence by a person or persons (i) 65 years of

2 age or older, (ii) with a household income that does not exceed

3 the maximum income limitation, (iii) who is liable, by contract

4 with the owner or owners of record, for paying real property

5 taxes on the property, and (iv) who is an owner of record of a

6 legal or equitable interest in the cooperative apartment

7 building, other than a leasehold interest. In the instance of a

8 cooperative where a homestead exemption has been granted under

9 this Section, the cooperative association or its management

10 firm shall credit the savings resulting from that exemption

11 only to the apportioned tax liability of the owner who

12 qualified for the exemption. Any person who willfully refuses

13 to credit that savings to an owner who qualifies for the

14 exemption is guilty of a Class B misdemeanor.

15 When a homestead exemption has been granted under this

16 Section and an applicant then becomes a resident of a facility

17 licensed under the Assisted Living and Shared Housing Act, the

18 Nursing Home Care Act, the Specialized Mental Health

19 Rehabilitation Act of 2013, the ID/DD Community Care Act, or

20 the MC/DD Act, the exemption shall be granted in subsequent

21 years so long as the residence (i) continues to be occupied by

22 the qualified applicant's spouse or (ii) if remaining

23 unoccupied, is still owned by the qualified applicant for the

24 homestead exemption.

25 Beginning January 1, 1997, when an individual dies who

26 would have qualified for an exemption under this Section, and

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1 the surviving spouse does not independently qualify for this

2 exemption because of age, the exemption under this Section

3 shall be granted to the surviving spouse for the taxable year

4 preceding and the taxable year of the death, provided that,

5 except for age, the surviving spouse meets all other

6 qualifications for the granting of this exemption for those

7 years.

8 When married persons maintain separate residences, the

9 exemption provided for in this Section may be claimed by only

10 one of such persons and for only one residence.

11 For taxable year 1994 only, in counties having less than

12 3,000,000 inhabitants, to receive the exemption, a person shall

13 submit an application by February 15, 1995 to the Chief County

14 Assessment Officer of the county in which the property is

15 located. In counties having 3,000,000 or more inhabitants, for

16 taxable year 1994 and all subsequent taxable years, to receive

17 the exemption, a person may submit an application to the Chief

18 County Assessment Officer of the county in which the property

19 is located during such period as may be specified by the Chief

20 County Assessment Officer. The Chief County Assessment Officer

21 in counties of 3,000,000 or more inhabitants shall annually

22 give notice of the application period by mail or by

23 publication. In counties having less than 3,000,000

24 inhabitants, beginning with taxable year 1995 and thereafter,

25 to receive the exemption, a person shall submit an application

26 by July 1 of each taxable year to the Chief County Assessment

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1 Officer of the county in which the property is located. A

2 county may, by ordinance, establish a date for submission of

3 applications that is different than July 1. The applicant shall

4 submit with the application an affidavit of the applicant's

5 total household income, age, marital status (and if married the

6 name and address of the applicant's spouse, if known), and

7 principal dwelling place of members of the household on January

8 1 of the taxable year. The Department shall establish, by rule,

9 a method for verifying the accuracy of affidavits filed by

10 applicants under this Section, and the Chief County Assessment

11 Officer may conduct audits of any taxpayer claiming an

12 exemption under this Section to verify that the taxpayer is

13 eligible to receive the exemption. Each application shall

14 contain or be verified by a written declaration that it is made

15 under the penalties of perjury. A taxpayer's signing a

16 fraudulent application under this Act is perjury, as defined in

17 Section 32-2 of the Criminal Code of 2012. The applications

18 shall be clearly marked as applications for the Senior Citizens

19 Assessment Freeze Homestead Exemption and must contain a notice

20 that any taxpayer who receives the exemption is subject to an

21 audit by the Chief County Assessment Officer.

22 Notwithstanding any other provision to the contrary, in

23 counties having fewer than 3,000,000 inhabitants, if an

24 applicant fails to file the application required by this

25 Section in a timely manner and this failure to file is due to a

26 mental or physical condition sufficiently severe so as to

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1 render the applicant incapable of filing the application in a

2 timely manner, the Chief County Assessment Officer may extend

3 the filing deadline for a period of 30 days after the applicant

4 regains the capability to file the application, but in no case

5 may the filing deadline be extended beyond 3 months of the

6 original filing deadline. In order to receive the extension

7 provided in this paragraph, the applicant shall provide the

8 Chief County Assessment Officer with a signed statement from

9 the applicant's physician, advanced practice registered nurse,

10 or physician assistant stating the nature and extent of the

11 condition, that, in the physician's, advanced practice

12 registered nurse's, or physician assistant's opinion, the

13 condition was so severe that it rendered the applicant

14 incapable of filing the application in a timely manner, and the

15 date on which the applicant regained the capability to file the

16 application.

17 Beginning January 1, 1998, notwithstanding any other

18 provision to the contrary, in counties having fewer than

19 3,000,000 inhabitants, if an applicant fails to file the

20 application required by this Section in a timely manner and

21 this failure to file is due to a mental or physical condition

22 sufficiently severe so as to render the applicant incapable of

23 filing the application in a timely manner, the Chief County

24 Assessment Officer may extend the filing deadline for a period

25 of 3 months. In order to receive the extension provided in this

26 paragraph, the applicant shall provide the Chief County

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1 Assessment Officer with a signed statement from the applicant's

2 physician, advanced practice registered nurse, or physician

3 assistant stating the nature and extent of the condition, and

4 that, in the physician's, advanced practice registered

5 nurse's, or physician assistant's opinion, the condition was so

6 severe that it rendered the applicant incapable of filing the

7 application in a timely manner.

8 In counties having less than 3,000,000 inhabitants, if an

9 applicant was denied an exemption in taxable year 1994 and the

10 denial occurred due to an error on the part of an assessment

11 official, or his or her agent or employee, then beginning in

12 taxable year 1997 the applicant's base year, for purposes of

13 determining the amount of the exemption, shall be 1993 rather

14 than 1994. In addition, in taxable year 1997, the applicant's

15 exemption shall also include an amount equal to (i) the amount

16 of any exemption denied to the applicant in taxable year 1995

17 as a result of using 1994, rather than 1993, as the base year,

18 (ii) the amount of any exemption denied to the applicant in

19 taxable year 1996 as a result of using 1994, rather than 1993,

20 as the base year, and (iii) the amount of the exemption

21 erroneously denied for taxable year 1994.

22 For purposes of this Section, a person who will be 65 years

23 of age during the current taxable year shall be eligible to

24 apply for the homestead exemption during that taxable year.

25 Application shall be made during the application period in

26 effect for the county of his or her residence.

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1 The Chief County Assessment Officer may determine the

2 eligibility of a life care facility that qualifies as a

3 cooperative to receive the benefits provided by this Section by

4 use of an affidavit, application, visual inspection,

5 questionnaire, or other reasonable method in order to insure

6 that the tax savings resulting from the exemption are credited

7 by the management firm to the apportioned tax liability of each

8 qualifying resident. The Chief County Assessment Officer may

9 request reasonable proof that the management firm has so

10 credited that exemption.

11 Except as provided in this Section, all information

12 received by the chief county assessment officer or the

13 Department from applications filed under this Section, or from

14 any investigation conducted under the provisions of this

15 Section, shall be confidential, except for official purposes or

16 pursuant to official procedures for collection of any State or

17 local tax or enforcement of any civil or criminal penalty or

18 sanction imposed by this Act or by any statute or ordinance

19 imposing a State or local tax. Any person who divulges any such

20 information in any manner, except in accordance with a proper

21 judicial order, is guilty of a Class A misdemeanor.

22 Nothing contained in this Section shall prevent the

23 Director or chief county assessment officer from publishing or

24 making available reasonable statistics concerning the

25 operation of the exemption contained in this Section in which

26 the contents of claims are grouped into aggregates in such a

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1 way that information contained in any individual claim shall

2 not be disclosed.

3 (d) Each Chief County Assessment Officer shall annually

4 publish a notice of availability of the exemption provided

5 under this Section. The notice shall be published at least 60

6 days but no more than 75 days prior to the date on which the

7 application must be submitted to the Chief County Assessment

8 Officer of the county in which the property is located. The

9 notice shall appear in a newspaper of general circulation in

10 the county.

11 Notwithstanding Sections 6 and 8 of the State Mandates Act,

12 no reimbursement by the State is required for the

13 implementation of any mandate created by this Section.

14 (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;

15 99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.

16 7-28-16.)

17 Section 75. The Counties Code is amended by changing

18 Sections 3-14049, 3-15003.6, and 5-1069 as follows:

19 (55 ILCS 5/3-14049) (from Ch. 34, par. 3-14049)

20 Sec. 3-14049. Appointment of physicians and nurses for the

21 poor and mentally ill persons. The appointment, employment and

22 removal by the Board of Commissioners of Cook County of all

23 physicians and surgeons, advanced practice registered nurses,

24 physician assistants, and nurses for the care and treatment of

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1 the sick, poor, mentally ill or persons in need of mental

2 treatment of said county shall be made only in conformity with

3 rules prescribed by the County Civil Service Commission to

4 accomplish the purposes of this Section.

5 The Board of Commissioners of Cook County may provide that

6 all such physicians and surgeons who serve without compensation

7 shall be appointed for a term to be fixed by the Board, and

8 that the physicians and surgeons usually designated and known

9 as interns shall be appointed for a term to be fixed by the

10 Board: Provided, that there may also, at the discretion of the

11 board, be a consulting staff of physicians and surgeons, which

12 staff may be appointed by the president, subject to the

13 approval of the board, and provided further, that the Board may

14 contract with any recognized training school or any program for

15 health professionals for health care services of any or all of

16 such sick or mentally ill or persons in need of mental

17 treatment.

18 (Source: P.A. 99-581, eff. 1-1-17.)

19 (55 ILCS 5/3-15003.6)

20 Sec. 3-15003.6. Pregnant female prisoners.

21 (a) Definitions. For the purpose of this Section:

22 (1) "Restraints" means any physical restraint or

23 mechanical device used to control the movement of a

24 prisoner's body or limbs, or both, including, but not

25 limited to, flex cuffs, soft restraints, hard metal

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1 handcuffs, a black box, Chubb cuffs, leg irons, belly

2 chains, a security (tether) chain, or a convex shield, or

3 shackles of any kind.

4 (2) "Labor" means the period of time before a birth and

5 shall include any medical condition in which a woman is

6 sent or brought to the hospital for the purpose of

7 delivering her baby. These situations include: induction

8 of labor, prodromal labor, pre-term labor, prelabor

9 rupture of membranes, the 3 stages of active labor, uterine

10 hemorrhage during the third trimester of pregnancy, and

11 caesarian delivery including pre-operative preparation.

12 (3) "Post-partum" means, as determined by her

13 physician, advanced practice registered nurse, or

14 physician assistant, the period immediately following

15 delivery, including the entire period a woman is in the

16 hospital or infirmary after birth.

17 (4) "Correctional institution" means any entity under

18 the authority of a county law enforcement division of a

19 county of more than 3,000,000 inhabitants that has the

20 power to detain or restrain, or both, a person under the

21 laws of the State.

22 (5) "Corrections official" means the official that is

23 responsible for oversight of a correctional institution,

24 or his or her designee.

25 (6) "Prisoner" means any person incarcerated or

26 detained in any facility who is accused of, convicted of,

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1 sentenced for, or adjudicated delinquent for, violations

2 of criminal law or the terms and conditions of parole,

3 probation, pretrial release, or diversionary program, and

4 any person detained under the immigration laws of the

5 United States at any correctional facility.

6 (7) "Extraordinary circumstance" means an

7 extraordinary medical or security circumstance, including

8 a substantial flight risk, that dictates restraints be used

9 to ensure the safety and security of the prisoner, the

10 staff of the correctional institution or medical facility,

11 other prisoners, or the public.

12 (b) A county department of corrections shall not apply

13 security restraints to a prisoner that has been determined by a

14 qualified medical professional to be pregnant and is known by

15 the county department of corrections to be pregnant or in

16 postpartum recovery, which is the entire period a woman is in

17 the medical facility after birth, unless the corrections

18 official makes an individualized determination that the

19 prisoner presents a substantial flight risk or some other

20 extraordinary circumstance that dictates security restraints

21 be used to ensure the safety and security of the prisoner, her

22 child or unborn child, the staff of the county department of

23 corrections or medical facility, other prisoners, or the

24 public. The protections set out in clauses (b)(3) and (b)(4) of

25 this Section shall apply to security restraints used pursuant

26 to this subsection. The corrections official shall immediately

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1 remove all restraints upon the written or oral request of

2 medical personnel. Oral requests made by medical personnel

3 shall be verified in writing as promptly as reasonably

4 possible.

5 (1) Qualified authorized health staff shall have the

6 authority to order therapeutic restraints for a pregnant or

7 postpartum prisoner who is a danger to herself, her child,

8 unborn child, or other persons due to a psychiatric or

9 medical disorder. Therapeutic restraints may only be

10 initiated, monitored and discontinued by qualified and

11 authorized health staff and used to safely limit a

12 prisoner's mobility for psychiatric or medical reasons. No

13 order for therapeutic restraints shall be written unless

14 medical or mental health personnel, after personally

15 observing and examining the prisoner, are clinically

16 satisfied that the use of therapeutic restraints is

17 justified and permitted in accordance with hospital

18 policies and applicable State law. Metal handcuffs or

19 shackles are not considered therapeutic restraints.

20 (2) Whenever therapeutic restraints are used by

21 medical personnel, Section 2-108 of the Mental Health and

22 Developmental Disabilities Code shall apply.

23 (3) Leg irons, shackles or waist shackles shall not be

24 used on any pregnant or postpartum prisoner regardless of

25 security classification. Except for therapeutic restraints

26 under clause (b)(2), no restraints of any kind may be

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1 applied to prisoners during labor.

2 (4) When a pregnant or postpartum prisoner must be

3 restrained, restraints used shall be the least restrictive

4 restraints possible to ensure the safety and security of

5 the prisoner, her child, unborn child, the staff of the

6 county department of corrections or medical facility,

7 other prisoners, or the public, and in no case shall

8 include leg irons, shackles or waist shackles.

9 (5) Upon the pregnant prisoner's entry into a hospital

10 room, and completion of initial room inspection, a

11 corrections official shall be posted immediately outside

12 the hospital room, unless requested to be in the room by

13 medical personnel attending to the prisoner's medical

14 needs.

15 (6) The county department of corrections shall provide

16 adequate corrections personnel to monitor the pregnant

17 prisoner during her transport to and from the hospital and

18 during her stay at the hospital.

19 (7) Where the county department of corrections

20 requires prisoner safety assessments, a corrections

21 official may enter the hospital room to conduct periodic

22 prisoner safety assessments, except during a medical

23 examination or the delivery process.

24 (8) Upon discharge from a medical facility, postpartum

25 prisoners shall be restrained only with handcuffs in front

26 of the body during transport to the county department of

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1 corrections. A corrections official shall immediately

2 remove all security restraints upon written or oral request

3 by medical personnel. Oral requests made by medical

4 personnel shall be verified in writing as promptly as

5 reasonably possible.

6 (c) Enforcement. No later than 30 days before the end of

7 each fiscal year, the county sheriff or corrections official of

8 the correctional institution where a pregnant prisoner has been

9 restrained during that previous fiscal year, shall submit a

10 written report to the Illinois General Assembly and the Office

11 of the Governor that includes an account of every instance of

12 prisoner restraint pursuant to this Section. The written report

13 shall state the date, time, location and rationale for each

14 instance in which restraints are used. The written report shall

15 not contain any individually identifying information of any

16 prisoner. Such reports shall be made available for public

17 inspection.

18 (Source: P.A. 99-581, eff. 1-1-17.)

19 (55 ILCS 5/5-1069) (from Ch. 34, par. 5-1069)

20 Sec. 5-1069. Group life, health, accident, hospital, and

21 medical insurance.

22 (a) The county board of any county may arrange to provide,

23 for the benefit of employees of the county, group life, health,

24 accident, hospital, and medical insurance, or any one or any

25 combination of those types of insurance, or the county board

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1 may self-insure, for the benefit of its employees, all or a

2 portion of the employees' group life, health, accident,

3 hospital, and medical insurance, or any one or any combination

4 of those types of insurance, including a combination of

5 self-insurance and other types of insurance authorized by this

6 Section, provided that the county board complies with all other

7 requirements of this Section. The insurance may include

8 provision for employees who rely on treatment by prayer or

9 spiritual means alone for healing in accordance with the tenets

10 and practice of a well recognized religious denomination. The

11 county board may provide for payment by the county of a portion

12 or all of the premium or charge for the insurance with the

13 employee paying the balance of the premium or charge, if any.

14 If the county board undertakes a plan under which the county

15 pays only a portion of the premium or charge, the county board

16 shall provide for withholding and deducting from the

17 compensation of those employees who consent to join the plan

18 the balance of the premium or charge for the insurance.

19 (b) If the county board does not provide for self-insurance

20 or for a plan under which the county pays a portion or all of

21 the premium or charge for a group insurance plan, the county

22 board may provide for withholding and deducting from the

23 compensation of those employees who consent thereto the total

24 premium or charge for any group life, health, accident,

25 hospital, and medical insurance.

26 (c) The county board may exercise the powers granted in

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1 this Section only if it provides for self-insurance or, where

2 it makes arrangements to provide group insurance through an

3 insurance carrier, if the kinds of group insurance are obtained

4 from an insurance company authorized to do business in the

5 State of Illinois. The county board may enact an ordinance

6 prescribing the method of operation of the insurance program.

7 (d) If a county, including a home rule county, is a

8 self-insurer for purposes of providing health insurance

9 coverage for its employees, the insurance coverage shall

10 include screening by low-dose mammography for all women 35

11 years of age or older for the presence of occult breast cancer

12 unless the county elects to provide mammograms itself under

13 Section 5-1069.1. The coverage shall be as follows:

14 (1) A baseline mammogram for women 35 to 39 years of

15 age.

16 (2) An annual mammogram for women 40 years of age or

17 older.

18 (3) A mammogram at the age and intervals considered

19 medically necessary by the woman's health care provider for

20 women under 40 years of age and having a family history of

21 breast cancer, prior personal history of breast cancer,

22 positive genetic testing, or other risk factors.

23 (4) A comprehensive ultrasound screening of an entire

24 breast or breasts if a mammogram demonstrates

25 heterogeneous or dense breast tissue, when medically

26 necessary as determined by a physician licensed to practice

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1 medicine in all of its branches, advanced practice

2 registered nurse, or physician assistant.

3 For purposes of this subsection, "low-dose mammography"

4 means the x-ray examination of the breast using equipment

5 dedicated specifically for mammography, including the x-ray

6 tube, filter, compression device, and image receptor, with an

7 average radiation exposure delivery of less than one rad per

8 breast for 2 views of an average size breast. The term also

9 includes digital mammography.

10 (d-5) Coverage as described by subsection (d) shall be

11 provided at no cost to the insured and shall not be applied to

12 an annual or lifetime maximum benefit.

13 (d-10) When health care services are available through

14 contracted providers and a person does not comply with plan

15 provisions specific to the use of contracted providers, the

16 requirements of subsection (d-5) are not applicable. When a

17 person does not comply with plan provisions specific to the use

18 of contracted providers, plan provisions specific to the use of

19 non-contracted providers must be applied without distinction

20 for coverage required by this Section and shall be at least as

21 favorable as for other radiological examinations covered by the

22 policy or contract.

23 (d-15) If a county, including a home rule county, is a

24 self-insurer for purposes of providing health insurance

25 coverage for its employees, the insurance coverage shall

26 include mastectomy coverage, which includes coverage for

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1 prosthetic devices or reconstructive surgery incident to the

2 mastectomy. Coverage for breast reconstruction in connection

3 with a mastectomy shall include:

4 (1) reconstruction of the breast upon which the

5 mastectomy has been performed;

6 (2) surgery and reconstruction of the other breast to

7 produce a symmetrical appearance; and

8 (3) prostheses and treatment for physical

9 complications at all stages of mastectomy, including

10 lymphedemas.

11 Care shall be determined in consultation with the attending

12 physician and the patient. The offered coverage for prosthetic

13 devices and reconstructive surgery shall be subject to the

14 deductible and coinsurance conditions applied to the

15 mastectomy, and all other terms and conditions applicable to

16 other benefits. When a mastectomy is performed and there is no

17 evidence of malignancy then the offered coverage may be limited

18 to the provision of prosthetic devices and reconstructive

19 surgery to within 2 years after the date of the mastectomy. As

20 used in this Section, "mastectomy" means the removal of all or

21 part of the breast for medically necessary reasons, as

22 determined by a licensed physician.

23 A county, including a home rule county, that is a

24 self-insurer for purposes of providing health insurance

25 coverage for its employees, may not penalize or reduce or limit

26 the reimbursement of an attending provider or provide

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1 incentives (monetary or otherwise) to an attending provider to

2 induce the provider to provide care to an insured in a manner

3 inconsistent with this Section.

4 (d-20) The requirement that mammograms be included in

5 health insurance coverage as provided in subsections (d)

6 through (d-15) is an exclusive power and function of the State

7 and is a denial and limitation under Article VII, Section 6,

8 subsection (h) of the Illinois Constitution of home rule county

9 powers. A home rule county to which subsections (d) through

10 (d-15) apply must comply with every provision of those

11 subsections.

12 (e) The term "employees" as used in this Section includes

13 elected or appointed officials but does not include temporary

14 employees.

15 (f) The county board may, by ordinance, arrange to provide

16 group life, health, accident, hospital, and medical insurance,

17 or any one or a combination of those types of insurance, under

18 this Section to retired former employees and retired former

19 elected or appointed officials of the county.

20 (g) Rulemaking authority to implement this amendatory Act

21 of the 95th General Assembly, if any, is conditioned on the

22 rules being adopted in accordance with all provisions of the

23 Illinois Administrative Procedure Act and all rules and

24 procedures of the Joint Committee on Administrative Rules; any

25 purported rule not so adopted, for whatever reason, is

26 unauthorized.

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1 (Source: P.A. 99-581, eff. 1-1-17.)

2 Section 80. The Illinois Municipal Code is amended by

3 changing Sections 10-1-38.1 and 10-2.1-18 as follows:

4 (65 ILCS 5/10-1-38.1) (from Ch. 24, par. 10-1-38.1)

5 Sec. 10-1-38.1. When the force of the Fire Department or of

6 the Police Department is reduced, and positions displaced or

7 abolished, seniority shall prevail, and the officers and

8 members so reduced in rank, or removed from the service of the

9 Fire Department or of the Police Department shall be considered

10 furloughed without pay from the positions from which they were

11 reduced or removed.

12 Such reductions and removals shall be in strict compliance

13 with seniority and in no event shall any officer or member be

14 reduced more than one rank in a reduction of force. Officers

15 and members with the least seniority in the position to be

16 reduced shall be reduced to the next lower rated position. For

17 purposes of determining which officers and members will be

18 reduced in rank, seniority shall be determined by adding the

19 time spent at the rank or position from which the officer or

20 member is to be reduced and the time spent at any higher rank

21 or position in the Department. For purposes of determining

22 which officers or members in the lowest rank or position shall

23 be removed from the Department in the event of a layoff, length

24 of service in the Department shall be the basis for determining

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1 seniority, with the least senior such officer or member being

2 the first so removed and laid off. Such officers or members

3 laid off shall have their names placed on an appropriate

4 reemployment list in the reverse order of dates of layoff.

5 If any positions which have been vacated because of

6 reduction in forces or displacement and abolition of positions,

7 are reinstated, such members and officers of the Fire

8 Department or of the Police Department as are furloughed from

9 the said positions shall be notified by registered mail of such

10 reinstatement of positions and shall have prior right to such

11 positions if otherwise qualified, and in all cases seniority

12 shall prevail. Written application for such reinstated

13 position must be made by the furloughed person within 30 days

14 after notification as above provided and such person may be

15 required to submit to examination by physicians, advanced

16 practice registerednurses, or physician assistants of both the

17 commission and the appropriate pension board to determine his

18 physical fitness.

19 (Source: P.A. 99-581, eff. 1-1-17.)

20 (65 ILCS 5/10-2.1-18) (from Ch. 24, par. 10-2.1-18)

21 Sec. 10-2.1-18. Fire or police departments - Reduction of

22 force - Reinstatement. When the force of the fire department or

23 of the police department is reduced, and positions displaced or

24 abolished, seniority shall prevail and the officers and members

25 so reduced in rank, or removed from the service of the fire

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1 department or of the police department shall be considered

2 furloughed without pay from the positions from which they were

3 reduced or removed.

4 Such reductions and removals shall be in strict compliance

5 with seniority and in no event shall any officer or member be

6 reduced more than one rank in a reduction of force. Officers

7 and members with the least seniority in the position to be

8 reduced shall be reduced to the next lower rated position. For

9 purposes of determining which officers and members will be

10 reduced in rank, seniority shall be determined by adding the

11 time spent at the rank or position from which the officer or

12 member is to be reduced and the time spent at any higher rank

13 or position in the Department. For purposes of determining

14 which officers or members in the lowest rank or position shall

15 be removed from the Department in the event of a layoff, length

16 of service in the Department shall be the basis for determining

17 seniority, with the least senior such officer or member being

18 the first so removed and laid off. Such officers or members

19 laid off shall have their names placed on an appropriate

20 reemployment list in the reverse order of dates of layoff.

21 If any positions which have been vacated because of

22 reduction in forces or displacement and abolition of positions,

23 are reinstated, such members and officers of the fire

24 department or of the police department as are furloughed from

25 the said positions shall be notified by the board by registered

26 mail of such reinstatement of positions and shall have prior

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1 right to such positions if otherwise qualified, and in all

2 cases seniority shall prevail. Written application for such

3 reinstated position must be made by the furloughed person

4 within 30 days after notification as above provided and such

5 person may be required to submit to examination by physicians,

6 advanced practice registered nurses, or physician assistants

7 of both the board of fire and police commissioners and the

8 appropriate pension board to determine his physical fitness.

9 (Source: P.A. 99-581, eff. 1-1-17.)

10 Section 85. The School Code is amended by changing Sections

11 22-30, 22-80, 24-5, 24-6, 26-1, and 27-8.1 as follows:

12 (105 ILCS 5/22-30)

13 Sec. 22-30. Self-administration and self-carry of asthma

14 medication and epinephrine auto-injectors; administration of

15 undesignated epinephrine auto-injectors; administration of an

16 opioid antagonist; asthma episode emergency response protocol.

17 (a) For the purpose of this Section only, the following

18 terms shall have the meanings set forth below:

19 "Asthma action plan" means a written plan developed with a

20 pupil's medical provider to help control the pupil's asthma.

21 The goal of an asthma action plan is to reduce or prevent

22 flare-ups and emergency department visits through day-to-day

23 management and to serve as a student-specific document to be

24 referenced in the event of an asthma episode.

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1 "Asthma episode emergency response protocol" means a

2 procedure to provide assistance to a pupil experiencing

3 symptoms of wheezing, coughing, shortness of breath, chest

4 tightness, or breathing difficulty.

5 "Asthma inhaler" means a quick reliever asthma inhaler.

6 "Epinephrine auto-injector" means a single-use device used

7 for the automatic injection of a pre-measured dose of

8 epinephrine into the human body.

9 "Asthma medication" means a medicine, prescribed by (i) a

10 physician licensed to practice medicine in all its branches,

11 (ii) a licensed physician assistant with prescriptive

12 authority, or (iii) a licensed advanced practice registered

13 nurse with prescriptive authorityfor a pupil that pertains to

14 the pupil's asthma and that has an individual prescription

15 label.

16 "Opioid antagonist" means a drug that binds to opioid

17 receptors and blocks or inhibits the effect of opioids acting

18 on those receptors, including, but not limited to, naloxone

19 hydrochloride or any other similarly acting drug approved by

20 the U.S. Food and Drug Administration.

21 "School nurse" means a registered nurse working in a school

22 with or without licensure endorsed in school nursing.

23 "Self-administration" means a pupil's discretionary use of

24 his or her prescribed asthma medication or epinephrine

25 auto-injector.

26 "Self-carry" means a pupil's ability to carry his or her

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1 prescribed asthma medication or epinephrine auto-injector.

2 "Standing protocol" may be issued by (i) a physician

3 licensed to practice medicine in all its branches, (ii) a

4 licensed physician assistant with prescriptive authority, or

5 (iii) a licensed advanced practice registered nurse with

6 prescriptive authority.

7 "Trained personnel" means any school employee or volunteer

8 personnel authorized in Sections 10-22.34, 10-22.34a, and

9 10-22.34b of this Code who has completed training under

10 subsection (g) of this Section to recognize and respond to

11 anaphylaxis.

12 "Undesignated epinephrine auto-injector" means an

13 epinephrine auto-injector prescribed in the name of a school

14 district, public school, or nonpublic school.

15 (b) A school, whether public or nonpublic, must permit the

16 self-administration and self-carry of asthma medication by a

17 pupil with asthma or the self-administration and self-carry of

18 an epinephrine auto-injector by a pupil, provided that:

19 (1) the parents or guardians of the pupil provide to

20 the school (i) written authorization from the parents or

21 guardians for (A) the self-administration and self-carry

22 of asthma medication or (B) the self-carry of asthma

23 medication or (ii) for (A) the self-administration and

24 self-carry of an epinephrine auto-injector or (B) the

25 self-carry of an epinephrine auto-injector, written

26 authorization from the pupil's physician, physician

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1 assistant, or advanced practice registered nurse; and

2 (2) the parents or guardians of the pupil provide to

3 the school (i) the prescription label, which must contain

4 the name of the asthma medication, the prescribed dosage,

5 and the time at which or circumstances under which the

6 asthma medication is to be administered, or (ii) for the

7 self-administration or self-carry of an epinephrine

8 auto-injector, a written statement from the pupil's

9 physician, physician assistant, or advanced practice

10 registerednurse containing the following information:

11 (A) the name and purpose of the epinephrine

12 auto-injector;

13 (B) the prescribed dosage; and

14 (C) the time or times at which or the special

15 circumstances under which the epinephrine

16 auto-injector is to be administered.

17 The information provided shall be kept on file in the office of

18 the school nurse or, in the absence of a school nurse, the

19 school's administrator.

20 (b-5) A school district, public school, or nonpublic school

21 may authorize the provision of a student-specific or

22 undesignated epinephrine auto-injector to a student or any

23 personnel authorized under a student's Individual Health Care

24 Action Plan, Illinois Food Allergy Emergency Action Plan and

25 Treatment Authorization Form, or plan pursuant to Section 504

26 of the federal Rehabilitation Act of 1973 to administer an

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1 epinephrine auto-injector to the student, that meets the

2 student's prescription on file.

3 (b-10) The school district, public school, or nonpublic

4 school may authorize a school nurse or trained personnel to do

5 the following: (i) provide an undesignated epinephrine

6 auto-injector to a student for self-administration only or any

7 personnel authorized under a student's Individual Health Care

8 Action Plan, Illinois Food Allergy Emergency Action Plan and

9 Treatment Authorization Form, or plan pursuant to Section 504

10 of the federal Rehabilitation Act of 1973 to administer to the

11 student, that meets the student's prescription on file; (ii)

12 administer an undesignated epinephrine auto-injector that

13 meets the prescription on file to any student who has an

14 Individual Health Care Action Plan, Illinois Food Allergy

15 Emergency Action Plan and Treatment Authorization Form, or plan

16 pursuant to Section 504 of the federal Rehabilitation Act of

17 1973 that authorizes the use of an epinephrine auto-injector;

18 (iii) administer an undesignated epinephrine auto-injector to

19 any person that the school nurse or trained personnel in good

20 faith believes is having an anaphylactic reaction; and (iv)

21 administer an opioid antagonist to any person that the school

22 nurse or trained personnel in good faith believes is having an

23 opioid overdose.

24 (c) The school district, public school, or nonpublic school

25 must inform the parents or guardians of the pupil, in writing,

26 that the school district, public school, or nonpublic school

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1 and its employees and agents, including a physician, physician

2 assistant, or advanced practice registered nurse providing

3 standing protocol or prescription for school epinephrine

4 auto-injectors, are to incur no liability or professional

5 discipline, except for willful and wanton conduct, as a result

6 of any injury arising from the administration of asthma

7 medication, an epinephrine auto-injector, or an opioid

8 antagonist regardless of whether authorization was given by the

9 pupil's parents or guardians or by the pupil's physician,

10 physician assistant, or advanced practice registered nurse.

11 The parents or guardians of the pupil must sign a statement

12 acknowledging that the school district, public school, or

13 nonpublic school and its employees and agents are to incur no

14 liability, except for willful and wanton conduct, as a result

15 of any injury arising from the administration of asthma

16 medication, an epinephrine auto-injector, or an opioid

17 antagonist regardless of whether authorization was given by the

18 pupil's parents or guardians or by the pupil's physician,

19 physician assistant, or advanced practice registered nurse and

20 that the parents or guardians must indemnify and hold harmless

21 the school district, public school, or nonpublic school and its

22 employees and agents against any claims, except a claim based

23 on willful and wanton conduct, arising out of the

24 administration of asthma medication, an epinephrine

25 auto-injector, or an opioid antagonist regardless of whether

26 authorization was given by the pupil's parents or guardians or

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1 by the pupil's physician, physician assistant, or advanced

2 practice registered nurse.

3 (c-5) When a school nurse or trained personnel administers

4 an undesignated epinephrine auto-injector to a person whom the

5 school nurse or trained personnel in good faith believes is

6 having an anaphylactic reaction or administers an opioid

7 antagonist to a person whom the school nurse or trained

8 personnel in good faith believes is having an opioid overdose,

9 notwithstanding the lack of notice to the parents or guardians

10 of the pupil or the absence of the parents or guardians signed

11 statement acknowledging no liability, except for willful and

12 wanton conduct, the school district, public school, or

13 nonpublic school and its employees and agents, and a physician,

14 a physician assistant, or an advanced practice registered nurse

15 providing standing protocol or prescription for undesignated

16 epinephrine auto-injectors, are to incur no liability or

17 professional discipline, except for willful and wanton

18 conduct, as a result of any injury arising from the use of an

19 undesignated epinephrine auto-injector or the use of an opioid

20 antagonist regardless of whether authorization was given by the

21 pupil's parents or guardians or by the pupil's physician,

22 physician assistant, or advanced practice registered nurse.

23 (d) The permission for self-administration and self-carry

24 of asthma medication or the self-administration and self-carry

25 of an epinephrine auto-injector is effective for the school

26 year for which it is granted and shall be renewed each

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1 subsequent school year upon fulfillment of the requirements of

2 this Section.

3 (e) Provided that the requirements of this Section are

4 fulfilled, a pupil with asthma may self-administer and

5 self-carry his or her asthma medication or a pupil may

6 self-administer and self-carry an epinephrine auto-injector

7 (i) while in school, (ii) while at a school-sponsored activity,

8 (iii) while under the supervision of school personnel, or (iv)

9 before or after normal school activities, such as while in

10 before-school or after-school care on school-operated property

11 or while being transported on a school bus.

12 (e-5) Provided that the requirements of this Section are

13 fulfilled, a school nurse or trained personnel may administer

14 an undesignated epinephrine auto-injector to any person whom

15 the school nurse or trained personnel in good faith believes to

16 be having an anaphylactic reaction (i) while in school, (ii)

17 while at a school-sponsored activity, (iii) while under the

18 supervision of school personnel, or (iv) before or after normal

19 school activities, such as while in before-school or

20 after-school care on school-operated property or while being

21 transported on a school bus. A school nurse or trained

22 personnel may carry undesignated epinephrine auto-injectors on

23 his or her person while in school or at a school-sponsored

24 activity.

25 (e-10) Provided that the requirements of this Section are

26 fulfilled, a school nurse or trained personnel may administer

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1 an opioid antagonist to any person whom the school nurse or

2 trained personnel in good faith believes to be having an opioid

3 overdose (i) while in school, (ii) while at a school-sponsored

4 activity, (iii) while under the supervision of school

5 personnel, or (iv) before or after normal school activities,

6 such as while in before-school or after-school care on

7 school-operated property. A school nurse or trained personnel

8 may carry an opioid antagonist on their person while in school

9 or at a school-sponsored activity.

10 (f) The school district, public school, or nonpublic school

11 may maintain a supply of undesignated epinephrine

12 auto-injectors in any secure location that is accessible

13 before, during, and after school where an allergic person is

14 most at risk, including, but not limited to, classrooms and

15 lunchrooms. A physician, a physician assistant who has been

16 delegated prescriptive authority in accordance with Section

17 7.5 of the Physician Assistant Practice Act of 1987, or an

18 advanced practice registered nurse who has been delegated

19 prescriptive authority in accordance with Section 65-40 of the

20 Nurse Practice Act may prescribe undesignated epinephrine

21 auto-injectors in the name of the school district, public

22 school, or nonpublic school to be maintained for use when

23 necessary. Any supply of epinephrine auto-injectors shall be

24 maintained in accordance with the manufacturer's instructions.

25 The school district, public school, or nonpublic school may

26 maintain a supply of an opioid antagonist in any secure

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1 location where an individual may have an opioid overdose. A

2 health care professional who has been delegated prescriptive

3 authority for opioid antagonists in accordance with Section

4 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act

5 may prescribe opioid antagonists in the name of the school

6 district, public school, or nonpublic school, to be maintained

7 for use when necessary. Any supply of opioid antagonists shall

8 be maintained in accordance with the manufacturer's

9 instructions.

10 (f-3) Whichever entity initiates the process of obtaining

11 undesignated epinephrine auto-injectors and providing training

12 to personnel for carrying and administering undesignated

13 epinephrine auto-injectors shall pay for the costs of the

14 undesignated epinephrine auto-injectors.

15 (f-5) Upon any administration of an epinephrine

16 auto-injector, a school district, public school, or nonpublic

17 school must immediately activate the EMS system and notify the

18 student's parent, guardian, or emergency contact, if known.

19 Upon any administration of an opioid antagonist, a school

20 district, public school, or nonpublic school must immediately

21 activate the EMS system and notify the student's parent,

22 guardian, or emergency contact, if known.

23 (f-10) Within 24 hours of the administration of an

24 undesignated epinephrine auto-injector, a school district,

25 public school, or nonpublic school must notify the physician,

26 physician assistant, or advanced practice registered nurse who

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1 provided the standing protocol or prescription for the

2 undesignated epinephrine auto-injector of its use.

3 Within 24 hours after the administration of an opioid

4 antagonist, a school district, public school, or nonpublic

5 school must notify the health care professional who provided

6 the prescription for the opioid antagonist of its use.

7 (g) Prior to the administration of an undesignated

8 epinephrine auto-injector, trained personnel must submit to

9 their school's administration proof of completion of a training

10 curriculum to recognize and respond to anaphylaxis that meets

11 the requirements of subsection (h) of this Section. Training

12 must be completed annually. ~~their~~ The school district, public

13 school, or nonpublic school must maintain records related to

14 the training curriculum and trained personnel.

15 Prior to the administration of an opioid antagonist,

16 trained personnel must submit to their school's administration

17 proof of completion of a training curriculum to recognize and

18 respond to an opioid overdose, which curriculum must meet the

19 requirements of subsection (h-5) of this Section. Training must

20 be completed annually. Trained personnel must also submit to

21 the school's administration proof of cardiopulmonary

22 resuscitation and automated external defibrillator

23 certification. The school district, public school, or

24 nonpublic school must maintain records relating to the training

25 curriculum and the trained personnel.

26 (h) A training curriculum to recognize and respond to

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1 anaphylaxis, including the administration of an undesignated

2 epinephrine auto-injector, may be conducted online or in

3 person.

4 Training shall include, but is not limited to:

5 (1) how to recognize signs and symptoms of an allergic

6 reaction, including anaphylaxis;

7 (2) how to administer an epinephrine auto-injector;

8 and

9 (3) a test demonstrating competency of the knowledge

10 required to recognize anaphylaxis and administer an

11 epinephrine auto-injector.

12 Training may also include, but is not limited to:

13 (A) a review of high-risk areas within a school and its

14 related facilities;

15 (B) steps to take to prevent exposure to allergens;

16 (C) emergency follow-up procedures;

17 (D) how to respond to a student with a known allergy,

18 as well as a student with a previously unknown allergy; and

19 (E) other criteria as determined in rules adopted

20 pursuant to this Section.

21 In consultation with statewide professional organizations

22 representing physicians licensed to practice medicine in all of

23 its branches, registered nurses, and school nurses, the State

24 Board of Education shall make available resource materials

25 consistent with criteria in this subsection (h) for educating

26 trained personnel to recognize and respond to anaphylaxis. The

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1 State Board may take into consideration the curriculum on this

2 subject developed by other states, as well as any other

3 curricular materials suggested by medical experts and other

4 groups that work on life-threatening allergy issues. The State

5 Board is not required to create new resource materials. The

6 State Board shall make these resource materials available on

7 its Internet website.

8 (h-5) A training curriculum to recognize and respond to an

9 opioid overdose, including the administration of an opioid

10 antagonist, may be conducted online or in person. The training

11 must comply with any training requirements under Section 5-23

12 of the Alcoholism and Other Drug Abuse and Dependency Act and

13 the corresponding rules. It must include, but is not limited

14 to:

15 (1) how to recognize symptoms of an opioid overdose;

16 (2) information on drug overdose prevention and

17 recognition;

18 (3) how to perform rescue breathing and resuscitation;

19 (4) how to respond to an emergency involving an opioid

20 overdose;

21 (5) opioid antagonist dosage and administration;

22 (6) the importance of calling 911;

23 (7) care for the overdose victim after administration

24 of the overdose antagonist;

25 (8) a test demonstrating competency of the knowledge

26 required to recognize an opioid overdose and administer a

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1 dose of an opioid antagonist; and

2 (9) other criteria as determined in rules adopted

3 pursuant to this Section.

4 (i) Within 3 days after the administration of an

5 undesignated epinephrine auto-injector by a school nurse,

6 trained personnel, or a student at a school or school-sponsored

7 activity, the school must report to the State Board of

8 Education in a form and manner prescribed by the State Board

9 the following information:

10 (1) age and type of person receiving epinephrine

11 (student, staff, visitor);

12 (2) any previously known diagnosis of a severe allergy;

13 (3) trigger that precipitated allergic episode;

14 (4) location where symptoms developed;

15 (5) number of doses administered;

16 (6) type of person administering epinephrine (school

17 nurse, trained personnel, student); and

18 (7) any other information required by the State Board.

19 If a school district, public school, or nonpublic school

20 maintains or has an independent contractor providing

21 transportation to students who maintains a supply of

22 undesignated epinephrine auto-injectors, then the school

23 district, public school, or nonpublic school must report that

24 information to the State Board of Education upon adoption or

25 change of the policy of the school district, public school,

26 nonpublic school, or independent contractor, in a manner as

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1 prescribed by the State Board. The report must include the

2 number of undesignated epinephrine auto-injectors in supply.

3 (i-5) Within 3 days after the administration of an opioid

4 antagonist by a school nurse or trained personnel, the school

5 must report to the State Board of Education, in a form and

6 manner prescribed by the State Board, the following

7 information:

8 (1) the age and type of person receiving the opioid

9 antagonist (student, staff, or visitor);

10 (2) the location where symptoms developed;

11 (3) the type of person administering the opioid

12 antagonist (school nurse or trained personnel); and

13 (4) any other information required by the State Board.

14 (j) By October 1, 2015 and every year thereafter, the State

15 Board of Education shall submit a report to the General

16 Assembly identifying the frequency and circumstances of

17 epinephrine administration during the preceding academic year.

18 Beginning with the 2017 report, the report shall also contain

19 information on which school districts, public schools, and

20 nonpublic schools maintain or have independent contractors

21 providing transportation to students who maintain a supply of

22 undesignated epinephrine auto-injectors. This report shall be

23 published on the State Board's Internet website on the date the

24 report is delivered to the General Assembly.

25 (j-5) Annually, each school district, public school,

26 charter school, or nonpublic school shall request an asthma

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1 action plan from the parents or guardians of a pupil with

2 asthma. If provided, the asthma action plan must be kept on

3 file in the office of the school nurse or, in the absence of a

4 school nurse, the school administrator. Copies of the asthma

5 action plan may be distributed to appropriate school staff who

6 interact with the pupil on a regular basis, and, if applicable,

7 may be attached to the pupil's federal Section 504 plan or

8 individualized education program plan.

9 (j-10) To assist schools with emergency response

10 procedures for asthma, the State Board of Education, in

11 consultation with statewide professional organizations with

12 expertise in asthma management and a statewide organization

13 representing school administrators, shall develop a model

14 asthma episode emergency response protocol before September 1,

15 2016. Each school district, charter school, and nonpublic

16 school shall adopt an asthma episode emergency response

17 protocol before January 1, 2017 that includes all of the

18 components of the State Board's model protocol.

19 (j-15) Every 2 years, school personnel who work with pupils

20 shall complete an in-person or online training program on the

21 management of asthma, the prevention of asthma symptoms, and

22 emergency response in the school setting. In consultation with

23 statewide professional organizations with expertise in asthma

24 management, the State Board of Education shall make available

25 resource materials for educating school personnel about asthma

26 and emergency response in the school setting.

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1 (j-20) On or before October 1, 2016 and every year

2 thereafter, the State Board of Education shall submit a report

3 to the General Assembly and the Department of Public Health

4 identifying the frequency and circumstances of opioid

5 antagonist administration during the preceding academic year.

6 This report shall be published on the State Board's Internet

7 website on the date the report is delivered to the General

8 Assembly.

9 (k) The State Board of Education may adopt rules necessary

10 to implement this Section.

11 (l) Nothing in this Section shall limit the amount of

12 epinephrine auto-injectors that any type of school or student

13 may carry or maintain a supply of.

14 (Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;

15 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;

16 99-843, eff. 8-19-16; revised 9-8-16.)

17 (105 ILCS 5/22-80)

18 Sec. 22-80. Student athletes; concussions and head

19 injuries.

20 (a) The General Assembly recognizes all of the following:

21 (1) Concussions are one of the most commonly reported

22 injuries in children and adolescents who participate in

23 sports and recreational activities. The Centers for

24 Disease Control and Prevention estimates that as many as

25 3,900,000 sports-related and recreation-related

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1 concussions occur in the United States each year. A

2 concussion is caused by a blow or motion to the head or

3 body that causes the brain to move rapidly inside the

4 skull. The risk of catastrophic injuries or death are

5 significant when a concussion or head injury is not

6 properly evaluated and managed.

7 (2) Concussions are a type of brain injury that can

8 range from mild to severe and can disrupt the way the brain

9 normally works. Concussions can occur in any organized or

10 unorganized sport or recreational activity and can result

11 from a fall or from players colliding with each other, the

12 ground, or with obstacles. Concussions occur with or

13 without loss of consciousness, but the vast majority of

14 concussions occur without loss of consciousness.

15 (3) Continuing to play with a concussion or symptoms of

16 a head injury leaves a young athlete especially vulnerable

17 to greater injury and even death. The General Assembly

18 recognizes that, despite having generally recognized

19 return-to-play standards for concussions and head

20 injuries, some affected youth athletes are prematurely

21 returned to play, resulting in actual or potential physical

22 injury or death to youth athletes in this State.

23 (4) Student athletes who have sustained a concussion

24 may need informal or formal accommodations, modifications

25 of curriculum, and monitoring by medical or academic staff

26 until the student is fully recovered. To that end, all

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1 schools are encouraged to establish a return-to-learn

2 protocol that is based on peer-reviewed scientific

3 evidence consistent with Centers for Disease Control and

4 Prevention guidelines and conduct baseline testing for

5 student athletes.

6 (b) In this Section:

7 "Athletic trainer" means an athletic trainer licensed

8 under the Illinois Athletic Trainers Practice Act.

9 "Coach" means any volunteer or employee of a school who is

10 responsible for organizing and supervising students to teach

11 them or train them in the fundamental skills of an

12 interscholastic athletic activity. "Coach" refers to both head

13 coaches and assistant coaches.

14 "Concussion" means a complex pathophysiological process

15 affecting the brain caused by a traumatic physical force or

16 impact to the head or body, which may include temporary or

17 prolonged altered brain function resulting in physical,

18 cognitive, or emotional symptoms or altered sleep patterns and

19 which may or may not involve a loss of consciousness.

20 "Department" means the Department of Financial and

21 Professional Regulation.

22 "Game official" means a person who officiates at an

23 interscholastic athletic activity, such as a referee or umpire,

24 including, but not limited to, persons enrolled as game

25 officials by the Illinois High School Association or Illinois

26 Elementary School Association.

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1 "Interscholastic athletic activity" means any organized

2 school-sponsored or school-sanctioned activity for students,

3 generally outside of school instructional hours, under the

4 direction of a coach, athletic director, or band leader,

5 including, but not limited to, baseball, basketball,

6 cheerleading, cross country track, fencing, field hockey,

7 football, golf, gymnastics, ice hockey, lacrosse, marching

8 band, rugby, soccer, skating, softball, swimming and diving,

9 tennis, track (indoor and outdoor), ultimate Frisbee,

10 volleyball, water polo, and wrestling. All interscholastic

11 athletics are deemed to be interscholastic activities.

12 "Licensed healthcare professional" means a person who has

13 experience with concussion management and who is a nurse, a

14 psychologist who holds a license under the Clinical

15 Psychologist Licensing Act and specializes in the practice of

16 neuropsychology, a physical therapist licensed under the

17 Illinois Physical Therapy Act, an occupational therapist

18 licensed under the Illinois Occupational Therapy Practice Act.

19 "Nurse" means a person who is employed by or volunteers at

20 a school and is licensed under the Nurse Practice Act as a

21 registered nurse, practical nurse, or advanced practice

22 registered nurse.

23 "Physician" means a physician licensed to practice

24 medicine in all of its branches under the Medical Practice Act

25 of 1987.

26 "School" means any public or private elementary or

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1 secondary school, including a charter school.

2 "Student" means an adolescent or child enrolled in a

3 school.

4 (c) This Section applies to any interscholastic athletic

5 activity, including practice and competition, sponsored or

6 sanctioned by a school, the Illinois Elementary School

7 Association, or the Illinois High School Association. This

8 Section applies beginning with the 2016-2017 school year.

9 (d) The governing body of each public or charter school and

10 the appropriate administrative officer of a private school with

11 students enrolled who participate in an interscholastic

12 athletic activity shall appoint or approve a concussion

13 oversight team. Each concussion oversight team shall establish

14 a return-to-play protocol, based on peer-reviewed scientific

15 evidence consistent with Centers for Disease Control and

16 Prevention guidelines, for a student's return to

17 interscholastic athletics practice or competition following a

18 force or impact believed to have caused a concussion. Each

19 concussion oversight team shall also establish a

20 return-to-learn protocol, based on peer-reviewed scientific

21 evidence consistent with Centers for Disease Control and

22 Prevention guidelines, for a student's return to the classroom

23 after that student is believed to have experienced a

24 concussion, whether or not the concussion took place while the

25 student was participating in an interscholastic athletic

26 activity.

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1 Each concussion oversight team must include to the extent

2 practicable at least one physician. If a school employs an

3 athletic trainer, the athletic trainer must be a member of the

4 school concussion oversight team to the extent practicable. If

5 a school employs a nurse, the nurse must be a member of the

6 school concussion oversight team to the extent practicable. At

7 a minimum, a school shall appoint a person who is responsible

8 for implementing and complying with the return-to-play and

9 return-to-learn protocols adopted by the concussion oversight

10 team. A school may appoint other licensed healthcare

11 professionals to serve on the concussion oversight team.

12 (e) A student may not participate in an interscholastic

13 athletic activity for a school year until the student and the

14 student's parent or guardian or another person with legal

15 authority to make medical decisions for the student have signed

16 a form for that school year that acknowledges receiving and

17 reading written information that explains concussion

18 prevention, symptoms, treatment, and oversight and that

19 includes guidelines for safely resuming participation in an

20 athletic activity following a concussion. The form must be

21 approved by the Illinois High School Association.

22 (f) A student must be removed from an interscholastic

23 athletics practice or competition immediately if one of the

24 following persons believes the student might have sustained a

25 concussion during the practice or competition:

26 (1) a coach;

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1 (2) a physician;

2 (3) a game official;

3 (4) an athletic trainer;

4 (5) the student's parent or guardian or another person

5 with legal authority to make medical decisions for the

6 student;

7 (6) the student; or

8 (7) any other person deemed appropriate under the

9 school's return-to-play protocol.

10 (g) A student removed from an interscholastic athletics

11 practice or competition under this Section may not be permitted

12 to practice or compete again following the force or impact

13 believed to have caused the concussion until:

14 (1) the student has been evaluated, using established

15 medical protocols based on peer-reviewed scientific

16 evidence consistent with Centers for Disease Control and

17 Prevention guidelines, by a treating physician (chosen by

18 the student or the student's parent or guardian or another

19 person with legal authority to make medical decisions for

20 the student) or an athletic trainer working under the

21 supervision of a physician;

22 (2) the student has successfully completed each

23 requirement of the return-to-play protocol established

24 under this Section necessary for the student to return to

25 play;

26 (3) the student has successfully completed each

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1 requirement of the return-to-learn protocol established

2 under this Section necessary for the student to return to

3 learn;

4 (4) the treating physician or athletic trainer working

5 under the supervision of a physician has provided a written

6 statement indicating that, in the physician's professional

7 judgment, it is safe for the student to return to play and

8 return to learn; and

9 (5) the student and the student's parent or guardian or

10 another person with legal authority to make medical

11 decisions for the student:

12 (A) have acknowledged that the student has

13 completed the requirements of the return-to-play and

14 return-to-learn protocols necessary for the student to

15 return to play;

16 (B) have provided the treating physician's or

17 athletic trainer's written statement under subdivision

18 (4) of this subsection (g) to the person responsible

19 for compliance with the return-to-play and

20 return-to-learn protocols under this subsection (g)

21 and the person who has supervisory responsibilities

22 under this subsection (g); and

23 (C) have signed a consent form indicating that the

24 person signing:

25 (i) has been informed concerning and consents

26 to the student participating in returning to play

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1 in accordance with the return-to-play and

2 return-to-learn protocols;

3 (ii) understands the risks associated with the

4 student returning to play and returning to learn

5 and will comply with any ongoing requirements in

6 the return-to-play and return-to-learn protocols;

7 and

8 (iii) consents to the disclosure to

9 appropriate persons, consistent with the federal

10 Health Insurance Portability and Accountability

11 Act of 1996 (Public Law 104-191), of the treating

12 physician's or athletic trainer's written

13 statement under subdivision (4) of this subsection

14 (g) and, if any, the return-to-play and

15 return-to-learn recommendations of the treating

16 physician or the athletic trainer, as the case may

17 be.

18 A coach of an interscholastic athletics team may not

19 authorize a student's return to play or return to learn.

20 The district superintendent or the superintendent's

21 designee in the case of a public elementary or secondary

22 school, the chief school administrator or that person's

23 designee in the case of a charter school, or the appropriate

24 administrative officer or that person's designee in the case of

25 a private school shall supervise an athletic trainer or other

26 person responsible for compliance with the return-to-play

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1 protocol and shall supervise the person responsible for

2 compliance with the return-to-learn protocol. The person who

3 has supervisory responsibilities under this paragraph may not

4 be a coach of an interscholastic athletics team.

5 (h)(1) The Illinois High School Association shall approve,

6 for coaches and game officials of interscholastic athletic

7 activities, training courses that provide for not less than 2

8 hours of training in the subject matter of concussions,

9 including evaluation, prevention, symptoms, risks, and

10 long-term effects. The Association shall maintain an updated

11 list of individuals and organizations authorized by the

12 Association to provide the training.

13 (2) The following persons must take a training course in

14 accordance with paragraph (4) of this subsection (h) from an

15 authorized training provider at least once every 2 years:

16 (A) a coach of an interscholastic athletic activity;

17 (B) a nurse who serves as a member of a concussion

18 oversight team and is an employee, representative, or agent

19 of a school;

20 (C) a game official of an interscholastic athletic

21 activity; and

22 (D) a nurse who serves on a volunteer basis as a member

23 of a concussion oversight team for a school.

24 (3) A physician who serves as a member of a concussion

25 oversight team shall, to the greatest extent practicable,

26 periodically take an appropriate continuing medical education

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1 course in the subject matter of concussions.

2 (4) For purposes of paragraph (2) of this subsection (h):

3 (A) a coach or game officials, as the case may be, must

4 take a course described in paragraph (1) of this subsection

5 (h).

6 (B) an athletic trainer must take a concussion-related

7 continuing education course from an athletic trainer

8 continuing education sponsor approved by the Department;

9 and

10 (C) a nurse must take a course concerning the subject

11 matter of concussions that has been approved for continuing

12 education credit by the Department.

13 (5) Each person described in paragraph (2) of this

14 subsection (h) must submit proof of timely completion of an

15 approved course in compliance with paragraph (4) of this

16 subsection (h) to the district superintendent or the

17 superintendent's designee in the case of a public elementary or

18 secondary school, the chief school administrator or that

19 person's designee in the case of a charter school, or the

20 appropriate administrative officer or that person's designee

21 in the case of a private school.

22 (6) A physician, athletic trainer, or nurse who is not in

23 compliance with the training requirements under this

24 subsection (h) may not serve on a concussion oversight team in

25 any capacity.

26 (7) A person required under this subsection (h) to take a

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1 training course in the subject of concussions must initially

2 complete the training not later than September 1, 2016.

3 (i) The governing body of each public or charter school and

4 the appropriate administrative officer of a private school with

5 students enrolled who participate in an interscholastic

6 athletic activity shall develop a school-specific emergency

7 action plan for interscholastic athletic activities to address

8 the serious injuries and acute medical conditions in which the

9 condition of the student may deteriorate rapidly. The plan

10 shall include a delineation of roles, methods of communication,

11 available emergency equipment, and access to and a plan for

12 emergency transport. This emergency action plan must be:

13 (1) in writing;

14 (2) reviewed by the concussion oversight team;

15 (3) approved by the district superintendent or the

16 superintendent's designee in the case of a public

17 elementary or secondary school, the chief school

18 administrator or that person's designee in the case of a

19 charter school, or the appropriate administrative officer

20 or that person's designee in the case of a private school;

21 (4) distributed to all appropriate personnel;

22 (5) posted conspicuously at all venues utilized by the

23 school; and

24 (6) reviewed annually by all athletic trainers, first

25 responders, coaches, school nurses, athletic directors,

26 and volunteers for interscholastic athletic activities.

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1 (j) The State Board of Education may adopt rules as

2 necessary to administer this Section.

3 (Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;

4 99-642, eff. 7-28-16.)

5 (105 ILCS 5/24-5) (from Ch. 122, par. 24-5)

6 Sec. 24-5. Physical fitness and professional growth.

7 (a) In this Section, "employee" means any employee of a

8 school district, a student teacher, an employee of a contractor

9 that provides services to students or in schools, or any other

10 individual subject to the requirements of Section 10-21.9 or

11 34-18.5 of this Code.

12 (b) School boards shall require of new employees evidence

13 of physical fitness to perform duties assigned and freedom from

14 communicable disease. Such evidence shall consist of a physical

15 examination by a physician licensed in Illinois or any other

16 state to practice medicine and surgery in all its branches, a

17 licensed advanced practice registered nurse, or a licensed

18 physician assistant not more than 90 days preceding time of

19 presentation to the board, and the cost of such examination

20 shall rest with the employee. A new or existing employee may be

21 subject to additional health examinations, including screening

22 for tuberculosis, as required by rules adopted by the

23 Department of Public Health or by order of a local public

24 health official. The board may from time to time require an

25 examination of any employee by a physician licensed in Illinois

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1 to practice medicine and surgery in all its branches, a

2 licensed advanced practice registered nurse, or a licensed

3 physician assistant and shall pay the expenses thereof from

4 school funds.

5 (c) School boards may require teachers in their employ to

6 furnish from time to time evidence of continued professional

7 growth.

8 (Source: P.A. 98-716, eff. 7-16-14; 99-173, eff. 7-29-15.)

9 (105 ILCS 5/24-6)

10 Sec. 24-6. Sick leave. The school boards of all school

11 districts, including special charter districts, but not

12 including school districts in municipalities of 500,000 or

13 more, shall grant their full-time teachers, and also shall

14 grant such of their other employees as are eligible to

15 participate in the Illinois Municipal Retirement Fund under the

16 "600-Hour Standard" established, or under such other

17 eligibility participation standard as may from time to time be

18 established, by rules and regulations now or hereafter

19 promulgated by the Board of that Fund under Section 7-198 of

20 the Illinois Pension Code, as now or hereafter amended, sick

21 leave provisions not less in amount than 10 days at full pay in

22 each school year. If any such teacher or employee does not use

23 the full amount of annual leave thus allowed, the unused amount

24 shall be allowed to accumulate to a minimum available leave of

25 180 days at full pay, including the leave of the current year.

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1 Sick leave shall be interpreted to mean personal illness,

2 quarantine at home, serious illness or death in the immediate

3 family or household, or birth, adoption, or placement for

4 adoption. The school board may require a certificate from a

5 physician licensed in Illinois to practice medicine and surgery

6 in all its branches, a chiropractic physician licensed under

7 the Medical Practice Act of 1987, a licensed advanced practice

8 registered nurse, a licensed physician assistant, or, if the

9 treatment is by prayer or spiritual means, a spiritual adviser

10 or practitioner of the teacher's or employee's faith as a basis

11 for pay during leave after an absence of 3 days for personal

12 illness or 30 days for birth or as the school board may deem

13 necessary in other cases. If the school board does require a

14 certificate as a basis for pay during leave of less than 3 days

15 for personal illness, the school board shall pay, from school

16 funds, the expenses incurred by the teachers or other employees

17 in obtaining the certificate. For paid leave for adoption or

18 placement for adoption, the school board may require that the

19 teacher or other employee provide evidence that the formal

20 adoption process is underway, and such leave is limited to 30

21 days unless a longer leave has been negotiated with the

22 exclusive bargaining representative.

23 If, by reason of any change in the boundaries of school

24 districts, or by reason of the creation of a new school

25 district, the employment of a teacher is transferred to a new

26 or different board, the accumulated sick leave of such teacher

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1 is not thereby lost, but is transferred to such new or

2 different district.

3 For purposes of this Section, "immediate family" shall

4 include parents, spouse, brothers, sisters, children,

5 grandparents, grandchildren, parents-in-law, brothers-in-law,

6 sisters-in-law, and legal guardians.

7 (Source: P.A. 99-173, eff. 7-29-15.)

8 (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)

9 Sec. 26-1. Compulsory school age-Exemptions. Whoever has

10 custody or control of any child (i) between the ages of 7 and

11 17 years (unless the child has already graduated from high

12 school) for school years before the 2014-2015 school year or

13 (ii) between the ages of 6 (on or before September 1) and 17

14 years (unless the child has already graduated from high school)

15 beginning with the 2014-2015 school year shall cause such child

16 to attend some public school in the district wherein the child

17 resides the entire time it is in session during the regular

18 school term, except as provided in Section 10-19.1, and during

19 a required summer school program established under Section

20 10-22.33B; provided, that the following children shall not be

21 required to attend the public schools:

22 1. Any child attending a private or a parochial school

23 where children are taught the branches of education taught

24 to children of corresponding age and grade in the public

25 schools, and where the instruction of the child in the

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1 branches of education is in the English language;

2 2. Any child who is physically or mentally unable to

3 attend school, such disability being certified to the

4 county or district truant officer by a competent physician

5 licensed in Illinois to practice medicine and surgery in

6 all its branches, a chiropractic physician licensed under

7 the Medical Practice Act of 1987, a licensed advanced

8 practice registered nurse, a licensed physician assistant,

9 or a Christian Science practitioner residing in this State

10 and listed in the Christian Science Journal; or who is

11 excused for temporary absence for cause by the principal or

12 teacher of the school which the child attends; the

13 exemptions in this paragraph (2) do not apply to any female

14 who is pregnant or the mother of one or more children,

15 except where a female is unable to attend school due to a

16 complication arising from her pregnancy and the existence

17 of such complication is certified to the county or district

18 truant officer by a competent physician;

19 3. Any child necessarily and lawfully employed

20 according to the provisions of the law regulating child

21 labor may be excused from attendance at school by the

22 county superintendent of schools or the superintendent of

23 the public school which the child should be attending, on

24 certification of the facts by and the recommendation of the

25 school board of the public school district in which the

26 child resides. In districts having part time continuation

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1 schools, children so excused shall attend such schools at

2 least 8 hours each week;

3 4. Any child over 12 and under 14 years of age while in

4 attendance at confirmation classes;

5 5. Any child absent from a public school on a

6 particular day or days or at a particular time of day for

7 the reason that he is unable to attend classes or to

8 participate in any examination, study or work requirements

9 on a particular day or days or at a particular time of day,

10 because the tenets of his religion forbid secular activity

11 on a particular day or days or at a particular time of day.

12 Each school board shall prescribe rules and regulations

13 relative to absences for religious holidays including, but

14 not limited to, a list of religious holidays on which it

15 shall be mandatory to excuse a child; but nothing in this

16 paragraph 5 shall be construed to limit the right of any

17 school board, at its discretion, to excuse an absence on

18 any other day by reason of the observance of a religious

19 holiday. A school board may require the parent or guardian

20 of a child who is to be excused from attending school due

21 to the observance of a religious holiday to give notice,

22 not exceeding 5 days, of the child's absence to the school

23 principal or other school personnel. Any child excused from

24 attending school under this paragraph 5 shall not be

25 required to submit a written excuse for such absence after

26 returning to school;

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1 6. Any child 16 years of age or older who (i) submits

2 to a school district evidence of necessary and lawful

3 employment pursuant to paragraph 3 of this Section and (ii)

4 is enrolled in a graduation incentives program pursuant to

5 Section 26-16 of this Code or an alternative learning

6 opportunities program established pursuant to Article 13B

7 of this Code; and

8 7. A child in any of grades 6 through 12 absent from a

9 public school on a particular day or days or at a

10 particular time of day for the purpose of sounding "Taps"

11 at a military honors funeral held in this State for a

12 deceased veteran. In order to be excused under this

13 paragraph 7, the student shall notify the school's

14 administration at least 2 days prior to the date of the

15 absence and shall provide the school's administration with

16 the date, time, and location of the military honors

17 funeral. The school's administration may waive this 2-day

18 notification requirement if the student did not receive at

19 least 2 days advance notice, but the student shall notify

20 the school's administration as soon as possible of the

21 absence. A student whose absence is excused under this

22 paragraph 7 shall be counted as if the student attended

23 school for purposes of calculating the average daily

24 attendance of students in the school district. A student

25 whose absence is excused under this paragraph 7 must be

26 allowed a reasonable time to make up school work missed

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1 during the absence. If the student satisfactorily

2 completes the school work, the day of absence shall be

3 counted as a day of compulsory attendance and he or she may

4 not be penalized for that absence.

5 (Source: P.A. 98-544, eff. 7-1-14; 99-173, eff. 7-29-15;

6 99-804, eff. 1-1-17.)

7 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)

8 (Text of Section before amendment by P.A. 99-927)

9 Sec. 27-8.1. Health examinations and immunizations.

10 (1) In compliance with rules and regulations which the

11 Department of Public Health shall promulgate, and except as

12 hereinafter provided, all children in Illinois shall have a

13 health examination as follows: within one year prior to

14 entering kindergarten or the first grade of any public,

15 private, or parochial elementary school; upon entering the

16 sixth and ninth grades of any public, private, or parochial

17 school; prior to entrance into any public, private, or

18 parochial nursery school; and, irrespective of grade,

19 immediately prior to or upon entrance into any public, private,

20 or parochial school or nursery school, each child shall present

21 proof of having been examined in accordance with this Section

22 and the rules and regulations promulgated hereunder. Any child

23 who received a health examination within one year prior to

24 entering the fifth grade for the 2007-2008 school year is not

25 required to receive an additional health examination in order

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1 to comply with the provisions of Public Act 95-422 when he or

2 she attends school for the 2008-2009 school year, unless the

3 child is attending school for the first time as provided in

4 this paragraph.

5 A tuberculosis skin test screening shall be included as a

6 required part of each health examination included under this

7 Section if the child resides in an area designated by the

8 Department of Public Health as having a high incidence of

9 tuberculosis. Additional health examinations of pupils,

10 including eye examinations, may be required when deemed

11 necessary by school authorities. Parents are encouraged to have

12 their children undergo eye examinations at the same points in

13 time required for health examinations.

14 (1.5) In compliance with rules adopted by the Department of

15 Public Health and except as otherwise provided in this Section,

16 all children in kindergarten and the second and sixth grades of

17 any public, private, or parochial school shall have a dental

18 examination. Each of these children shall present proof of

19 having been examined by a dentist in accordance with this

20 Section and rules adopted under this Section before May 15th of

21 the school year. If a child in the second or sixth grade fails

22 to present proof by May 15th, the school may hold the child's

23 report card until one of the following occurs: (i) the child

24 presents proof of a completed dental examination or (ii) the

25 child presents proof that a dental examination will take place

26 within 60 days after May 15th. The Department of Public Health

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1 shall establish, by rule, a waiver for children who show an

2 undue burden or a lack of access to a dentist. Each public,

3 private, and parochial school must give notice of this dental

4 examination requirement to the parents and guardians of

5 students at least 60 days before May 15th of each school year.

6 (1.10) Except as otherwise provided in this Section, all

7 children enrolling in kindergarten in a public, private, or

8 parochial school on or after the effective date of this

9 amendatory Act of the 95th General Assembly and any student

10 enrolling for the first time in a public, private, or parochial

11 school on or after the effective date of this amendatory Act of

12 the 95th General Assembly shall have an eye examination. Each

13 of these children shall present proof of having been examined

14 by a physician licensed to practice medicine in all of its

15 branches or a licensed optometrist within the previous year, in

16 accordance with this Section and rules adopted under this

17 Section, before October 15th of the school year. If the child

18 fails to present proof by October 15th, the school may hold the

19 child's report card until one of the following occurs: (i) the

20 child presents proof of a completed eye examination or (ii) the

21 child presents proof that an eye examination will take place

22 within 60 days after October 15th. The Department of Public

23 Health shall establish, by rule, a waiver for children who show

24 an undue burden or a lack of access to a physician licensed to

25 practice medicine in all of its branches who provides eye

26 examinations or to a licensed optometrist. Each public,

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1 private, and parochial school must give notice of this eye

2 examination requirement to the parents and guardians of

3 students in compliance with rules of the Department of Public

4 Health. Nothing in this Section shall be construed to allow a

5 school to exclude a child from attending because of a parent's

6 or guardian's failure to obtain an eye examination for the

7 child.

8 (2) The Department of Public Health shall promulgate rules

9 and regulations specifying the examinations and procedures

10 that constitute a health examination, which shall include the

11 collection of data relating to obesity (including at a minimum,

12 date of birth, gender, height, weight, blood pressure, and date

13 of exam), and a dental examination and may recommend by rule

14 that certain additional examinations be performed. The rules

15 and regulations of the Department of Public Health shall

16 specify that a tuberculosis skin test screening shall be

17 included as a required part of each health examination included

18 under this Section if the child resides in an area designated

19 by the Department of Public Health as having a high incidence

20 of tuberculosis. The Department of Public Health shall specify

21 that a diabetes screening as defined by rule shall be included

22 as a required part of each health examination. Diabetes testing

23 is not required.

24 Physicians licensed to practice medicine in all of its

25 branches, licensed advanced practiceregistered nurses, or

26 licensed physician assistants shall be responsible for the

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1 performance of the health examinations, other than dental

2 examinations, eye examinations, and vision and hearing

3 screening, and shall sign all report forms required by

4 subsection (4) of this Section that pertain to those portions

5 of the health examination for which the physician, advanced

6 practice registerednurse, or physician assistant is

7 responsible. If a registered nurse performs any part of a

8 health examination, then a physician licensed to practice

9 medicine in all of its branches must review and sign all

10 required report forms. Licensed dentists shall perform all

11 dental examinations and shall sign all report forms required by

12 subsection (4) of this Section that pertain to the dental

13 examinations. Physicians licensed to practice medicine in all

14 its branches or licensed optometrists shall perform all eye

15 examinations required by this Section and shall sign all report

16 forms required by subsection (4) of this Section that pertain

17 to the eye examination. For purposes of this Section, an eye

18 examination shall at a minimum include history, visual acuity,

19 subjective refraction to best visual acuity near and far,

20 internal and external examination, and a glaucoma evaluation,

21 as well as any other tests or observations that in the

22 professional judgment of the doctor are necessary. Vision and

23 hearing screening tests, which shall not be considered

24 examinations as that term is used in this Section, shall be

25 conducted in accordance with rules and regulations of the

26 Department of Public Health, and by individuals whom the

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1 Department of Public Health has certified. In these rules and

2 regulations, the Department of Public Health shall require that

3 individuals conducting vision screening tests give a child's

4 parent or guardian written notification, before the vision

5 screening is conducted, that states, "Vision screening is not a

6 substitute for a complete eye and vision evaluation by an eye

7 doctor. Your child is not required to undergo this vision

8 screening if an optometrist or ophthalmologist has completed

9 and signed a report form indicating that an examination has

10 been administered within the previous 12 months."

11 (3) Every child shall, at or about the same time as he or

12 she receives a health examination required by subsection (1) of

13 this Section, present to the local school proof of having

14 received such immunizations against preventable communicable

15 diseases as the Department of Public Health shall require by

16 rules and regulations promulgated pursuant to this Section and

17 the Communicable Disease Prevention Act.

18 (4) The individuals conducting the health examination,

19 dental examination, or eye examination shall record the fact of

20 having conducted the examination, and such additional

21 information as required, including for a health examination

22 data relating to obesity (including at a minimum, date of

23 birth, gender, height, weight, blood pressure, and date of

24 exam), on uniform forms which the Department of Public Health

25 and the State Board of Education shall prescribe for statewide

26 use. The examiner shall summarize on the report form any

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1 condition that he or she suspects indicates a need for special

2 services, including for a health examination factors relating

3 to obesity. The individuals confirming the administration of

4 required immunizations shall record as indicated on the form

5 that the immunizations were administered.

6 (5) If a child does not submit proof of having had either

7 the health examination or the immunization as required, then

8 the child shall be examined or receive the immunization, as the

9 case may be, and present proof by October 15 of the current

10 school year, or by an earlier date of the current school year

11 established by a school district. To establish a date before

12 October 15 of the current school year for the health

13 examination or immunization as required, a school district must

14 give notice of the requirements of this Section 60 days prior

15 to the earlier established date. If for medical reasons one or

16 more of the required immunizations must be given after October

17 15 of the current school year, or after an earlier established

18 date of the current school year, then the child shall present,

19 by October 15, or by the earlier established date, a schedule

20 for the administration of the immunizations and a statement of

21 the medical reasons causing the delay, both the schedule and

22 the statement being issued by the physician, advanced practice

23 registerednurse, physician assistant, registered nurse, or

24 local health department that will be responsible for

25 administration of the remaining required immunizations. If a

26 child does not comply by October 15, or by the earlier

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1 established date of the current school year, with the

2 requirements of this subsection, then the local school

3 authority shall exclude that child from school until such time

4 as the child presents proof of having had the health

5 examination as required and presents proof of having received

6 those required immunizations which are medically possible to

7 receive immediately. During a child's exclusion from school for

8 noncompliance with this subsection, the child's parents or

9 legal guardian shall be considered in violation of Section 26-1

10 and subject to any penalty imposed by Section 26-10. This

11 subsection (5) does not apply to dental examinations and eye

12 examinations. If the student is an out-of-state transfer

13 student and does not have the proof required under this

14 subsection (5) before October 15 of the current year or

15 whatever date is set by the school district, then he or she may

16 only attend classes (i) if he or she has proof that an

17 appointment for the required vaccinations has been scheduled

18 with a party authorized to submit proof of the required

19 vaccinations. If the proof of vaccination required under this

20 subsection (5) is not submitted within 30 days after the

21 student is permitted to attend classes, then the student is not

22 to be permitted to attend classes until proof of the

23 vaccinations has been properly submitted. No school district or

24 employee of a school district shall be held liable for any

25 injury or illness to another person that results from admitting

26 an out-of-state transfer student to class that has an

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1 appointment scheduled pursuant to this subsection (5).

2 (6) Every school shall report to the State Board of

3 Education by November 15, in the manner which that agency shall

4 require, the number of children who have received the necessary

5 immunizations and the health examination (other than a dental

6 examination or eye examination) as required, indicating, of

7 those who have not received the immunizations and examination

8 as required, the number of children who are exempt from health

9 examination and immunization requirements on religious or

10 medical grounds as provided in subsection (8). On or before

11 December 1 of each year, every public school district and

12 registered nonpublic school shall make publicly available the

13 immunization data they are required to submit to the State

14 Board of Education by November 15. The immunization data made

15 publicly available must be identical to the data the school

16 district or school has reported to the State Board of

17 Education.

18 Every school shall report to the State Board of Education

19 by June 30, in the manner that the State Board requires, the

20 number of children who have received the required dental

21 examination, indicating, of those who have not received the

22 required dental examination, the number of children who are

23 exempt from the dental examination on religious grounds as

24 provided in subsection (8) of this Section and the number of

25 children who have received a waiver under subsection (1.5) of

26 this Section.

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1 Every school shall report to the State Board of Education

2 by June 30, in the manner that the State Board requires, the

3 number of children who have received the required eye

4 examination, indicating, of those who have not received the

5 required eye examination, the number of children who are exempt

6 from the eye examination as provided in subsection (8) of this

7 Section, the number of children who have received a waiver

8 under subsection (1.10) of this Section, and the total number

9 of children in noncompliance with the eye examination

10 requirement.

11 The reported information under this subsection (6) shall be

12 provided to the Department of Public Health by the State Board

13 of Education.

14 (7) Upon determining that the number of pupils who are

15 required to be in compliance with subsection (5) of this

16 Section is below 90% of the number of pupils enrolled in the

17 school district, 10% of each State aid payment made pursuant to

18 Section 18-8.05 to the school district for such year may be

19 withheld by the State Board of Education until the number of

20 students in compliance with subsection (5) is the applicable

21 specified percentage or higher.

22 (8) Children of parents or legal guardians who object to

23 health, dental, or eye examinations or any part thereof, to

24 immunizations, or to vision and hearing screening tests on

25 religious grounds shall not be required to undergo the

26 examinations, tests, or immunizations to which they so object

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1 if such parents or legal guardians present to the appropriate

2 local school authority a signed Certificate of Religious

3 Exemption detailing the grounds for objection and the specific

4 immunizations, tests, or examinations to which they object. The

5 grounds for objection must set forth the specific religious

6 belief that conflicts with the examination, test,

7 immunization, or other medical intervention. The signed

8 certificate shall also reflect the parent's or legal guardian's

9 understanding of the school's exclusion policies in the case of

10 a vaccine-preventable disease outbreak or exposure. The

11 certificate must also be signed by the authorized examining

12 health care provider responsible for the performance of the

13 child's health examination confirming that the provider

14 provided education to the parent or legal guardian on the

15 benefits of immunization and the health risks to the student

16 and to the community of the communicable diseases for which

17 immunization is required in this State. However, the health

18 care provider's signature on the certificate reflects only that

19 education was provided and does not allow a health care

20 provider grounds to determine a religious exemption. Those

21 receiving immunizations required under this Code shall be

22 provided with the relevant vaccine information statements that

23 are required to be disseminated by the federal National

24 Childhood Vaccine Injury Act of 1986, which may contain

25 information on circumstances when a vaccine should not be

26 administered, prior to administering a vaccine. A healthcare

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1 provider may consider including without limitation the

2 nationally accepted recommendations from federal agencies such

3 as the Advisory Committee on Immunization Practices, the

4 information outlined in the relevant vaccine information

5 statement, and vaccine package inserts, along with the

6 healthcare provider's clinical judgment, to determine whether

7 any child may be more susceptible to experiencing an adverse

8 vaccine reaction than the general population, and, if so, the

9 healthcare provider may exempt the child from an immunization

10 or adopt an individualized immunization schedule. The

11 Certificate of Religious Exemption shall be created by the

12 Department of Public Health and shall be made available and

13 used by parents and legal guardians by the beginning of the

14 2015-2016 school year. Parents or legal guardians must submit

15 the Certificate of Religious Exemption to their local school

16 authority prior to entering kindergarten, sixth grade, and

17 ninth grade for each child for which they are requesting an

18 exemption. The religious objection stated need not be directed

19 by the tenets of an established religious organization.

20 However, general philosophical or moral reluctance to allow

21 physical examinations, eye examinations, immunizations, vision

22 and hearing screenings, or dental examinations does not provide

23 a sufficient basis for an exception to statutory requirements.

24 The local school authority is responsible for determining if

25 the content of the Certificate of Religious Exemption

26 constitutes a valid religious objection. The local school

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1 authority shall inform the parent or legal guardian of

2 exclusion procedures, in accordance with the Department's

3 rules under Part 690 of Title 77 of the Illinois Administrative

4 Code, at the time the objection is presented.

5 If the physical condition of the child is such that any one

6 or more of the immunizing agents should not be administered,

7 the examining physician, advanced practice registered nurse,

8 or physician assistant responsible for the performance of the

9 health examination shall endorse that fact upon the health

10 examination form.

11 Exempting a child from the health, dental, or eye

12 examination does not exempt the child from participation in the

13 program of physical education training provided in Sections

14 27-5 through 27-7 of this Code.

15 (9) For the purposes of this Section, "nursery schools"

16 means those nursery schools operated by elementary school

17 systems or secondary level school units or institutions of

18 higher learning.

19 (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;

20 99-249, eff. 8-3-15; 99-642, eff. 7-28-16.)

21 (Text of Section after amendment by P.A. 99-927)

22 Sec. 27-8.1. Health examinations and immunizations.

23 (1) In compliance with rules and regulations which the

24 Department of Public Health shall promulgate, and except as

25 hereinafter provided, all children in Illinois shall have a

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1 health examination as follows: within one year prior to

2 entering kindergarten or the first grade of any public,

3 private, or parochial elementary school; upon entering the

4 sixth and ninth grades of any public, private, or parochial

5 school; prior to entrance into any public, private, or

6 parochial nursery school; and, irrespective of grade,

7 immediately prior to or upon entrance into any public, private,

8 or parochial school or nursery school, each child shall present

9 proof of having been examined in accordance with this Section

10 and the rules and regulations promulgated hereunder. Any child

11 who received a health examination within one year prior to

12 entering the fifth grade for the 2007-2008 school year is not

13 required to receive an additional health examination in order

14 to comply with the provisions of Public Act 95-422 when he or

15 she attends school for the 2008-2009 school year, unless the

16 child is attending school for the first time as provided in

17 this paragraph.

18 A tuberculosis skin test screening shall be included as a

19 required part of each health examination included under this

20 Section if the child resides in an area designated by the

21 Department of Public Health as having a high incidence of

22 tuberculosis. Additional health examinations of pupils,

23 including eye examinations, may be required when deemed

24 necessary by school authorities. Parents are encouraged to have

25 their children undergo eye examinations at the same points in

26 time required for health examinations.

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1 (1.5) In compliance with rules adopted by the Department of

2 Public Health and except as otherwise provided in this Section,

3 all children in kindergarten and the second and sixth grades of

4 any public, private, or parochial school shall have a dental

5 examination. Each of these children shall present proof of

6 having been examined by a dentist in accordance with this

7 Section and rules adopted under this Section before May 15th of

8 the school year. If a child in the second or sixth grade fails

9 to present proof by May 15th, the school may hold the child's

10 report card until one of the following occurs: (i) the child

11 presents proof of a completed dental examination or (ii) the

12 child presents proof that a dental examination will take place

13 within 60 days after May 15th. The Department of Public Health

14 shall establish, by rule, a waiver for children who show an

15 undue burden or a lack of access to a dentist. Each public,

16 private, and parochial school must give notice of this dental

17 examination requirement to the parents and guardians of

18 students at least 60 days before May 15th of each school year.

19 (1.10) Except as otherwise provided in this Section, all

20 children enrolling in kindergarten in a public, private, or

21 parochial school on or after the effective date of this

22 amendatory Act of the 95th General Assembly and any student

23 enrolling for the first time in a public, private, or parochial

24 school on or after the effective date of this amendatory Act of

25 the 95th General Assembly shall have an eye examination. Each

26 of these children shall present proof of having been examined

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1 by a physician licensed to practice medicine in all of its

2 branches or a licensed optometrist within the previous year, in

3 accordance with this Section and rules adopted under this

4 Section, before October 15th of the school year. If the child

5 fails to present proof by October 15th, the school may hold the

6 child's report card until one of the following occurs: (i) the

7 child presents proof of a completed eye examination or (ii) the

8 child presents proof that an eye examination will take place

9 within 60 days after October 15th. The Department of Public

10 Health shall establish, by rule, a waiver for children who show

11 an undue burden or a lack of access to a physician licensed to

12 practice medicine in all of its branches who provides eye

13 examinations or to a licensed optometrist. Each public,

14 private, and parochial school must give notice of this eye

15 examination requirement to the parents and guardians of

16 students in compliance with rules of the Department of Public

17 Health. Nothing in this Section shall be construed to allow a

18 school to exclude a child from attending because of a parent's

19 or guardian's failure to obtain an eye examination for the

20 child.

21 (2) The Department of Public Health shall promulgate rules

22 and regulations specifying the examinations and procedures

23 that constitute a health examination, which shall include an

24 age-appropriate developmental screening, an age-appropriate

25 social and emotional screening, and the collection of data

26 relating to obesity (including at a minimum, date of birth,

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1 gender, height, weight, blood pressure, and date of exam), and

2 a dental examination and may recommend by rule that certain

3 additional examinations be performed. The rules and

4 regulations of the Department of Public Health shall specify

5 that a tuberculosis skin test screening shall be included as a

6 required part of each health examination included under this

7 Section if the child resides in an area designated by the

8 Department of Public Health as having a high incidence of

9 tuberculosis. With respect to the developmental screening and

10 the social and emotional screening, the Department of Public

11 Health must develop rules and appropriate revisions to the

12 Child Health Examination form in conjunction with a statewide

13 organization representing school boards; a statewide

14 organization representing pediatricians; statewide

15 organizations representing individuals holding Illinois

16 educator licenses with school support personnel endorsements,

17 including school social workers, school psychologists, and

18 school nurses; a statewide organization representing

19 children's mental health experts; a statewide organization

20 representing school principals; the Director of Healthcare and

21 Family Services or his or her designee, the State

22 Superintendent of Education or his or her designee; and

23 representatives of other appropriate State agencies and, at a

24 minimum, must recommend the use of validated screening tools

25 appropriate to the child's age or grade, and, with regard to

26 the social and emotional screening, require recording only

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1 whether or not the screening was completed. The rules shall

2 take into consideration the screening recommendations of the

3 American Academy of Pediatrics and must be consistent with the

4 State Board of Education's social and emotional learning

5 standards. The Department of Public Health shall specify that a

6 diabetes screening as defined by rule shall be included as a

7 required part of each health examination. Diabetes testing is

8 not required.

9 Physicians licensed to practice medicine in all of its

10 branches, licensed advanced practiceregistered nurses, or

11 licensed physician assistants shall be responsible for the

12 performance of the health examinations, other than dental

13 examinations, eye examinations, and vision and hearing

14 screening, and shall sign all report forms required by

15 subsection (4) of this Section that pertain to those portions

16 of the health examination for which the physician, advanced

17 practice registerednurse, or physician assistant is

18 responsible. If a registered nurse performs any part of a

19 health examination, then a physician licensed to practice

20 medicine in all of its branches must review and sign all

21 required report forms. Licensed dentists shall perform all

22 dental examinations and shall sign all report forms required by

23 subsection (4) of this Section that pertain to the dental

24 examinations. Physicians licensed to practice medicine in all

25 its branches or licensed optometrists shall perform all eye

26 examinations required by this Section and shall sign all report

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1 forms required by subsection (4) of this Section that pertain

2 to the eye examination. For purposes of this Section, an eye

3 examination shall at a minimum include history, visual acuity,

4 subjective refraction to best visual acuity near and far,

5 internal and external examination, and a glaucoma evaluation,

6 as well as any other tests or observations that in the

7 professional judgment of the doctor are necessary. Vision and

8 hearing screening tests, which shall not be considered

9 examinations as that term is used in this Section, shall be

10 conducted in accordance with rules and regulations of the

11 Department of Public Health, and by individuals whom the

12 Department of Public Health has certified. In these rules and

13 regulations, the Department of Public Health shall require that

14 individuals conducting vision screening tests give a child's

15 parent or guardian written notification, before the vision

16 screening is conducted, that states, "Vision screening is not a

17 substitute for a complete eye and vision evaluation by an eye

18 doctor. Your child is not required to undergo this vision

19 screening if an optometrist or ophthalmologist has completed

20 and signed a report form indicating that an examination has

21 been administered within the previous 12 months."

22 (2.5) With respect to the developmental screening and the

23 social and emotional screening portion of the health

24 examination, each child may present proof of having been

25 screened in accordance with this Section and the rules adopted

26 under this Section before October 15th of the school year. With

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1 regard to the social and emotional screening only, the

2 examining health care provider shall only record whether or not

3 the screening was completed. If the child fails to present

4 proof of the developmental screening or the social and

5 emotional screening portions of the health examination by

6 October 15th of the school year, qualified school support

7 personnel may, with a parent's or guardian's consent, offer the

8 developmental screening or the social and emotional screening

9 to the child. Each public, private, and parochial school must

10 give notice of the developmental screening and social and

11 emotional screening requirements to the parents and guardians

12 of students in compliance with the rules of the Department of

13 Public Health. Nothing in this Section shall be construed to

14 allow a school to exclude a child from attending because of a

15 parent's or guardian's failure to obtain a developmental

16 screening or a social and emotional screening for the child.

17 Once a developmental screening or a social and emotional

18 screening is completed and proof has been presented to the

19 school, the school may, with a parent's or guardian's consent,

20 make available appropriate school personnel to work with the

21 parent or guardian, the child, and the provider who signed the

22 screening form to obtain any appropriate evaluations and

23 services as indicated on the form and in other information and

24 documentation provided by the parents, guardians, or provider.

25 (3) Every child shall, at or about the same time as he or

26 she receives a health examination required by subsection (1) of

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1 this Section, present to the local school proof of having

2 received such immunizations against preventable communicable

3 diseases as the Department of Public Health shall require by

4 rules and regulations promulgated pursuant to this Section and

5 the Communicable Disease Prevention Act.

6 (4) The individuals conducting the health examination,

7 dental examination, or eye examination shall record the fact of

8 having conducted the examination, and such additional

9 information as required, including for a health examination

10 data relating to obesity (including at a minimum, date of

11 birth, gender, height, weight, blood pressure, and date of

12 exam), on uniform forms which the Department of Public Health

13 and the State Board of Education shall prescribe for statewide

14 use. The examiner shall summarize on the report form any

15 condition that he or she suspects indicates a need for special

16 services, including for a health examination factors relating

17 to obesity. The duty to summarize on the report form does not

18 apply to social and emotional screenings. The confidentiality

19 of the information and records relating to the developmental

20 screening and the social and emotional screening shall be

21 determined by the statutes, rules, and professional ethics

22 governing the type of provider conducting the screening. The

23 individuals confirming the administration of required

24 immunizations shall record as indicated on the form that the

25 immunizations were administered.

26 (5) If a child does not submit proof of having had either

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1 the health examination or the immunization as required, then

2 the child shall be examined or receive the immunization, as the

3 case may be, and present proof by October 15 of the current

4 school year, or by an earlier date of the current school year

5 established by a school district. To establish a date before

6 October 15 of the current school year for the health

7 examination or immunization as required, a school district must

8 give notice of the requirements of this Section 60 days prior

9 to the earlier established date. If for medical reasons one or

10 more of the required immunizations must be given after October

11 15 of the current school year, or after an earlier established

12 date of the current school year, then the child shall present,

13 by October 15, or by the earlier established date, a schedule

14 for the administration of the immunizations and a statement of

15 the medical reasons causing the delay, both the schedule and

16 the statement being issued by the physician, advanced practice

17 registerednurse, physician assistant, registered nurse, or

18 local health department that will be responsible for

19 administration of the remaining required immunizations. If a

20 child does not comply by October 15, or by the earlier

21 established date of the current school year, with the

22 requirements of this subsection, then the local school

23 authority shall exclude that child from school until such time

24 as the child presents proof of having had the health

25 examination as required and presents proof of having received

26 those required immunizations which are medically possible to

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1 receive immediately. During a child's exclusion from school for

2 noncompliance with this subsection, the child's parents or

3 legal guardian shall be considered in violation of Section 26-1

4 and subject to any penalty imposed by Section 26-10. This

5 subsection (5) does not apply to dental examinations, eye

6 examinations, and the developmental screening and the social

7 and emotional screening portions of the health examination. If

8 the student is an out-of-state transfer student and does not

9 have the proof required under this subsection (5) before

10 October 15 of the current year or whatever date is set by the

11 school district, then he or she may only attend classes (i) if

12 he or she has proof that an appointment for the required

13 vaccinations has been scheduled with a party authorized to

14 submit proof of the required vaccinations. If the proof of

15 vaccination required under this subsection (5) is not submitted

16 within 30 days after the student is permitted to attend

17 classes, then the student is not to be permitted to attend

18 classes until proof of the vaccinations has been properly

19 submitted. No school district or employee of a school district

20 shall be held liable for any injury or illness to another

21 person that results from admitting an out-of-state transfer

22 student to class that has an appointment scheduled pursuant to

23 this subsection (5).

24 (6) Every school shall report to the State Board of

25 Education by November 15, in the manner which that agency shall

26 require, the number of children who have received the necessary

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1 immunizations and the health examination (other than a dental

2 examination or eye examination) as required, indicating, of

3 those who have not received the immunizations and examination

4 as required, the number of children who are exempt from health

5 examination and immunization requirements on religious or

6 medical grounds as provided in subsection (8). On or before

7 December 1 of each year, every public school district and

8 registered nonpublic school shall make publicly available the

9 immunization data they are required to submit to the State

10 Board of Education by November 15. The immunization data made

11 publicly available must be identical to the data the school

12 district or school has reported to the State Board of

13 Education.

14 Every school shall report to the State Board of Education

15 by June 30, in the manner that the State Board requires, the

16 number of children who have received the required dental

17 examination, indicating, of those who have not received the

18 required dental examination, the number of children who are

19 exempt from the dental examination on religious grounds as

20 provided in subsection (8) of this Section and the number of

21 children who have received a waiver under subsection (1.5) of

22 this Section.

23 Every school shall report to the State Board of Education

24 by June 30, in the manner that the State Board requires, the

25 number of children who have received the required eye

26 examination, indicating, of those who have not received the

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1 required eye examination, the number of children who are exempt

2 from the eye examination as provided in subsection (8) of this

3 Section, the number of children who have received a waiver

4 under subsection (1.10) of this Section, and the total number

5 of children in noncompliance with the eye examination

6 requirement.

7 The reported information under this subsection (6) shall be

8 provided to the Department of Public Health by the State Board

9 of Education.

10 (7) Upon determining that the number of pupils who are

11 required to be in compliance with subsection (5) of this

12 Section is below 90% of the number of pupils enrolled in the

13 school district, 10% of each State aid payment made pursuant to

14 Section 18-8.05 to the school district for such year may be

15 withheld by the State Board of Education until the number of

16 students in compliance with subsection (5) is the applicable

17 specified percentage or higher.

18 (8) Children of parents or legal guardians who object to

19 health, dental, or eye examinations or any part thereof, to

20 immunizations, or to vision and hearing screening tests on

21 religious grounds shall not be required to undergo the

22 examinations, tests, or immunizations to which they so object

23 if such parents or legal guardians present to the appropriate

24 local school authority a signed Certificate of Religious

25 Exemption detailing the grounds for objection and the specific

26 immunizations, tests, or examinations to which they object. The

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1 grounds for objection must set forth the specific religious

2 belief that conflicts with the examination, test,

3 immunization, or other medical intervention. The signed

4 certificate shall also reflect the parent's or legal guardian's

5 understanding of the school's exclusion policies in the case of

6 a vaccine-preventable disease outbreak or exposure. The

7 certificate must also be signed by the authorized examining

8 health care provider responsible for the performance of the

9 child's health examination confirming that the provider

10 provided education to the parent or legal guardian on the

11 benefits of immunization and the health risks to the student

12 and to the community of the communicable diseases for which

13 immunization is required in this State. However, the health

14 care provider's signature on the certificate reflects only that

15 education was provided and does not allow a health care

16 provider grounds to determine a religious exemption. Those

17 receiving immunizations required under this Code shall be

18 provided with the relevant vaccine information statements that

19 are required to be disseminated by the federal National

20 Childhood Vaccine Injury Act of 1986, which may contain

21 information on circumstances when a vaccine should not be

22 administered, prior to administering a vaccine. A healthcare

23 provider may consider including without limitation the

24 nationally accepted recommendations from federal agencies such

25 as the Advisory Committee on Immunization Practices, the

26 information outlined in the relevant vaccine information

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1 statement, and vaccine package inserts, along with the

2 healthcare provider's clinical judgment, to determine whether

3 any child may be more susceptible to experiencing an adverse

4 vaccine reaction than the general population, and, if so, the

5 healthcare provider may exempt the child from an immunization

6 or adopt an individualized immunization schedule. The

7 Certificate of Religious Exemption shall be created by the

8 Department of Public Health and shall be made available and

9 used by parents and legal guardians by the beginning of the

10 2015-2016 school year. Parents or legal guardians must submit

11 the Certificate of Religious Exemption to their local school

12 authority prior to entering kindergarten, sixth grade, and

13 ninth grade for each child for which they are requesting an

14 exemption. The religious objection stated need not be directed

15 by the tenets of an established religious organization.

16 However, general philosophical or moral reluctance to allow

17 physical examinations, eye examinations, immunizations, vision

18 and hearing screenings, or dental examinations does not provide

19 a sufficient basis for an exception to statutory requirements.

20 The local school authority is responsible for determining if

21 the content of the Certificate of Religious Exemption

22 constitutes a valid religious objection. The local school

23 authority shall inform the parent or legal guardian of

24 exclusion procedures, in accordance with the Department's

25 rules under Part 690 of Title 77 of the Illinois Administrative

26 Code, at the time the objection is presented.

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1 If the physical condition of the child is such that any one

2 or more of the immunizing agents should not be administered,

3 the examining physician, advanced practice registered nurse,

4 or physician assistant responsible for the performance of the

5 health examination shall endorse that fact upon the health

6 examination form.

7 Exempting a child from the health, dental, or eye

8 examination does not exempt the child from participation in the

9 program of physical education training provided in Sections

10 27-5 through 27-7 of this Code.

11 (9) For the purposes of this Section, "nursery schools"

12 means those nursery schools operated by elementary school

13 systems or secondary level school units or institutions of

14 higher learning.

15 (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;

16 99-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff.

17 6-1-17.)

18 Section 90. The Care of Students with Diabetes Act is

19 amended by changing Section 10 as follows:

20 (105 ILCS 145/10)

21 Sec. 10. Definitions. As used in this Act:

22 "Delegated care aide" means a school employee who has

23 agreed to receive training in diabetes care and to assist

24 students in implementing their diabetes care plan and has

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1 entered into an agreement with a parent or guardian and the

2 school district or private school.

3 "Diabetes care plan" means a document that specifies the

4 diabetes-related services needed by a student at school and at

5 school-sponsored activities and identifies the appropriate

6 staff to provide and supervise these services.

7 "Health care provider" means a physician licensed to

8 practice medicine in all of its branches, advanced practice

9 registered nurse who has a written agreement with a

10 collaborating physician who authorizes the provision of

11 diabetes care, or a physician assistant who has a written

12 supervision agreement with a supervising physician who

13 authorizes the provision of diabetes care.

14 "Principal" means the principal of the school.

15 "School" means any primary or secondary public, charter, or

16 private school located in this State.

17 "School employee" means a person who is employed by a

18 public school district or private school, a person who is

19 employed by a local health department and assigned to a school,

20 or a person who contracts with a school or school district to

21 perform services in connection with a student's diabetes care

22 plan. This definition must not be interpreted as requiring a

23 school district or private school to hire additional personnel

24 for the sole purpose of serving as a designated care aide.

25 (Source: P.A. 96-1485, eff. 12-1-10.)

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1 Section 95. The Nursing Education Scholarship Law is

2 amended by changing Sections 3, 5, and 6.5 as follows:

3 (110 ILCS 975/3) (from Ch. 144, par. 2753)

4 Sec. 3. Definitions.

5 The following terms, whenever used or referred to, have the

6 following meanings except where the context clearly indicates

7 otherwise:

8 (1) "Board" means the Board of Higher Education created by

9 the Board of Higher Education Act.

10 (2) "Department" means the Illinois Department of Public

11 Health.

12 (3) "Approved institution" means a public community

13 college, private junior college, hospital-based diploma in

14 nursing program, or public or private college or university

15 located in this State that has approval by the Department of

16 Professional Regulation for an associate degree in nursing

17 program, associate degree in applied sciences in nursing

18 program, hospital-based diploma in nursing program,

19 baccalaureate degree in nursing program, graduate degree in

20 nursing program, or certificate in practical nursing program.

21 (4) "Baccalaureate degree in nursing program" means a

22 program offered by an approved institution and leading to a

23 bachelor of science degree in nursing.

24 (5) "Enrollment" means the establishment and maintenance

25 of an individual's status as a student in an approved

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1 institution, regardless of the terms used at the institution to

2 describe such status.

3 (6) "Academic year" means the period of time from September

4 1 of one year through August 31 of the next year or as

5 otherwise defined by the academic institution.

6 (7) "Associate degree in nursing program or hospital-based

7 diploma in nursing program" means a program offered by an

8 approved institution and leading to an associate degree in

9 nursing, associate degree in applied sciences in nursing, or

10 hospital-based diploma in nursing.

11 (8) "Graduate degree in nursing program" means a program

12 offered by an approved institution and leading to a master of

13 science degree in nursing or a doctorate of philosophy or

14 doctorate of nursing degree in nursing.

15 (9) "Director" means the Director of the Illinois

16 Department of Public Health.

17 (10) "Accepted for admission" means a student has completed

18 the requirements for entry into an associate degree in nursing

19 program, associate degree in applied sciences in nursing

20 program, hospital-based diploma in nursing program,

21 baccalaureate degree in nursing program, graduate degree in

22 nursing program, or certificate in practical nursing program at

23 an approved institution, as documented by the institution.

24 (11) "Fees" means those mandatory charges, in addition to

25 tuition, that all enrolled students must pay, including

26 required course or lab fees.

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1 (12) "Full-time student" means a student enrolled for at

2 least 12 hours per term or as otherwise determined by the

3 academic institution.

4 (13) "Law" means the Nursing Education Scholarship Law.

5 (14) "Nursing employment obligation" means employment in

6 this State as a registered professional nurse, licensed

7 practical nurse, or advanced practice registered nurse in

8 direct patient care for at least one year for each year of

9 scholarship assistance received through the Nursing Education

10 Scholarship Program.

11 (15) "Part-time student" means a person who is enrolled for

12 at least one-third of the number of hours required per term by

13 a school for its full-time students.

14 (16) "Practical nursing program" means a program offered by

15 an approved institution leading to a certificate in practical

16 nursing.

17 (17) "Registered professional nurse" means a person who is

18 currently licensed as a registered professional nurse by the

19 Department of Professional Regulation under the Nurse Practice

20 Act.

21 (18) "Licensed practical nurse" means a person who is

22 currently licensed as a licensed practical nurse by the

23 Department of Professional Regulation under the Nurse Practice

24 Act.

25 (19) "School term" means an academic term, such as a

26 semester, quarter, trimester, or number of clock hours, as

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1 defined by an approved institution.

2 (20) "Student in good standing" means a student maintaining

3 a cumulative grade point average equivalent to at least the

4 academic grade of a "C".

5 (21) "Total and permanent disability" means a physical or

6 mental impairment, disease, or loss of a permanent nature that

7 prevents nursing employment with or without reasonable

8 accommodation. Proof of disability shall be a declaration from

9 the social security administration, Illinois Workers'

10 Compensation Commission, Department of Defense, or an insurer

11 authorized to transact business in Illinois who is providing

12 disability insurance coverage to a contractor.

13 (22) "Tuition" means the established charges of an

14 institution of higher learning for instruction at that

15 institution.

16 (23) "Nurse educator" means a person who is currently

17 licensed as a registered nurse by the Department of

18 Professional Regulation under the Nurse Practice Act, who has a

19 graduate degree in nursing, and who is employed by an approved

20 academic institution to educate registered nursing students,

21 licensed practical nursing students, and registered nurses

22 pursuing graduate degrees.

23 (24) "Nurse educator employment obligation" means

24 employment in this State as a nurse educator for at least 2

25 years for each year of scholarship assistance received under

26 Section 6.5 of this Law.

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1 Rulemaking authority to implement this amendatory Act of

2 the 96th General Assembly, if any, is conditioned on the rules

3 being adopted in accordance with all provisions of the Illinois

4 Administrative Procedure Act and all rules and procedures of

5 the Joint Committee on Administrative Rules; any purported rule

6 not so adopted, for whatever reason, is unauthorized.

7 (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;

8 96-805, eff. 10-30-09.)

9 (110 ILCS 975/5) (from Ch. 144, par. 2755)

10 Sec. 5. Nursing education scholarships. Beginning with the

11 fall term of the 2004-2005 academic year, the Department, in

12 accordance with rules and regulations promulgated by it for

13 this program, shall provide scholarships to individuals

14 selected from among those applicants who qualify for

15 consideration by showing:

16 (1) that he or she has been a resident of this State

17 for at least one year prior to application, and is a

18 citizen or a lawful permanent resident alien of the United

19 States;

20 (2) that he or she is enrolled in or accepted for

21 admission to an associate degree in nursing program,

22 hospital-based diploma in nursing program, baccalaureate

23 degree in nursing program, graduate degree in nursing

24 program, or practical nursing program at an approved

25 institution; and

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1 (3) that he or she agrees to meet the nursing

2 employment obligation.

3 If in any year the number of qualified applicants exceeds

4 the number of scholarships to be awarded, the Department shall,

5 in consultation with the Illinois Nursing Workforce Center ~~for~~

6 ~~Nursing~~ Advisory Board, consider the following factors in

7 granting priority in awarding scholarships:

8 (A) Financial need, as shown on a standardized

9 financial needs assessment form used by an approved

10 institution, of students who will pursue their

11 education on a full-time or close to full-time basis

12 and who already have a certificate in practical

13 nursing, a diploma in nursing, or an associate degree

14 in nursing and are pursuing a higher degree.

15 (B) A student's status as a registered nurse who is

16 pursuing a graduate degree in nursing to pursue

17 employment in an approved institution that educates

18 licensed practical nurses and that educates registered

19 nurses in undergraduate and graduate nursing programs.

20 (C) A student's merit, as shown through his or her

21 grade point average, class rank, and other academic and

22 extracurricular activities. The Department may add to

23 and further define these merit criteria by rule.

24 Unless otherwise indicated, scholarships shall be awarded

25 to recipients at approved institutions for a period of up to 2

26 years if the recipient is enrolled in an associate degree in

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1 nursing program, up to 3 years if the recipient is enrolled in

2 a hospital-based diploma in nursing program, up to 4 years if

3 the recipient is enrolled in a baccalaureate degree in nursing

4 program, up to 5 years if the recipient is enrolled in a

5 graduate degree in nursing program, and up to one year if the

6 recipient is enrolled in a certificate in practical nursing

7 program. At least 40% of the scholarships awarded shall be for

8 recipients who are pursuing baccalaureate degrees in nursing,

9 30% of the scholarships awarded shall be for recipients who are

10 pursuing associate degrees in nursing or a diploma in nursing,

11 10% of the scholarships awarded shall be for recipients who are

12 pursuing a certificate in practical nursing, and 20% of the

13 scholarships awarded shall be for recipients who are pursuing a

14 graduate degree in nursing.

15 (Source: P.A. 93-879, eff. 1-1-05; 94-1020, eff. 7-11-06.)

16 (110 ILCS 975/6.5)

17 Sec. 6.5. Nurse educator scholarships.

18 (a) Beginning with the fall term of the 2009-2010 academic

19 year, the Department shall provide scholarships to individuals

20 selected from among those applicants who qualify for

21 consideration by showing the following:

22 (1) that he or she has been a resident of this State

23 for at least one year prior to application and is a citizen

24 or a lawful permanent resident alien of the United States;

25 (2) that he or she is enrolled in or accepted for

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1 admission to a graduate degree in nursing program at an

2 approved institution; and

3 (3) that he or she agrees to meet the nurse educator

4 employment obligation.

5 (b) If in any year the number of qualified applicants

6 exceeds the number of scholarships to be awarded under this

7 Section, the Department shall, in consultation with the

8 Illinois Nursing Workforce Center ~~for Nursing~~ Advisory Board,

9 consider the following factors in granting priority in awarding

10 scholarships:

11 (1) Financial need, as shown on a standardized

12 financial needs assessment form used by an approved

13 institution, of students who will pursue their education on

14 a full-time or close to full-time basis and who already

15 have a diploma in nursing and are pursuing a higher degree.

16 (2) A student's status as a registered nurse who is

17 pursuing a graduate degree in nursing to pursue employment

18 in an approved institution that educates licensed

19 practical nurses and that educates registered nurses in

20 undergraduate and graduate nursing programs.

21 (3) A student's merit, as shown through his or her

22 grade point average, class rank, experience as a nurse,

23 including supervisory experience, experience as a nurse in

24 the United States military, and other academic and

25 extracurricular activities.

26 (c) Unless otherwise indicated, scholarships under this

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1 Section shall be awarded to recipients at approved institutions

2 for a period of up to 3 years.

3 (d) Within 12 months after graduation from a graduate

4 degree in nursing program for nurse educators, any recipient

5 who accepted a scholarship under this Section shall begin

6 meeting the required nurse educator employment obligation. In

7 order to defer his or her continuous employment obligation, a

8 recipient must request the deferment in writing from the

9 Department. A recipient shall receive a deferment if he or she

10 notifies the Department, within 30 days after enlisting, that

11 he or she is spending up to 4 years in military service. A

12 recipient shall receive a deferment if he or she notifies the

13 Department, within 30 days after enrolling, that he or she is

14 enrolled in an academic program leading to a graduate degree in

15 nursing. The recipient must begin meeting the required nurse

16 educator employment obligation no later than 6 months after the

17 end of the deferment or deferments.

18 Any person who fails to fulfill the nurse educator

19 employment obligation shall pay to the Department an amount

20 equal to the amount of scholarship funds received per year for

21 each unfulfilled year of the nurse educator employment

22 obligation, together with interest at 7% per year on the unpaid

23 balance. Payment must begin within 6 months following the date

24 of the occurrence initiating the repayment. All repayments must

25 be completed within 6 years from the date of the occurrence

26 initiating the repayment. However, this repayment obligation

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1 may be deferred and re-evaluated every 6 months when the

2 failure to fulfill the nurse educator employment obligation

3 results from involuntarily leaving the profession due to a

4 decrease in the number of nurses employed in this State or when

5 the failure to fulfill the nurse educator employment obligation

6 results from total and permanent disability. The repayment

7 obligation shall be excused if the failure to fulfill the nurse

8 educator employment obligation results from the death or

9 adjudication as incompetent of the person holding the

10 scholarship. No claim for repayment may be filed against the

11 estate of such a decedent or incompetent.

12 The Department may allow a nurse educator employment

13 obligation fulfillment alternative if the nurse educator

14 scholarship recipient is unsuccessful in finding work as a

15 nurse educator. The Department shall maintain a database of all

16 available nurse educator positions in this State.

17 (e) Each person applying for a scholarship under this

18 Section must be provided with a copy of this Section at the

19 time of application for the benefits of this scholarship.

20 (f) Rulemaking authority to implement this amendatory Act

21 of the 96th General Assembly, if any, is conditioned on the

22 rules being adopted in accordance with all provisions of the

23 Illinois Administrative Procedure Act and all rules and

24 procedures of the Joint Committee on Administrative Rules; any

25 purported rule not so adopted, for whatever reason, is

26 unauthorized.

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1 (Source: P.A. 96-805, eff. 10-30-09.)

2 Section 100. The Ambulatory Surgical Treatment Center Act

3 is amended by changing Section 6.5 as follows:

4 (210 ILCS 5/6.5)

5 Sec. 6.5. Clinical privileges; advanced practice

6 registered nurses. All ambulatory surgical treatment centers

7 (ASTC) licensed under this Act shall comply with the following

8 requirements:

9 (1) No ASTC policy, rule, regulation, or practice shall

10 be inconsistent with the provision of adequate

11 collaboration and consultation in accordance with Section

12 54.5 of the Medical Practice Act of 1987.

13 (2) Operative surgical procedures shall be performed

14 only by a physician licensed to practice medicine in all

15 its branches under the Medical Practice Act of 1987, a

16 dentist licensed under the Illinois Dental Practice Act, or

17 a podiatric physician licensed under the Podiatric Medical

18 Practice Act of 1987, with medical staff membership and

19 surgical clinical privileges granted by the consulting

20 committee of the ASTC. A licensed physician, dentist, or

21 podiatric physician may be assisted by a physician licensed

22 to practice medicine in all its branches, dentist, dental

23 assistant, podiatric physician, licensed advanced practice

24 registerednurse, licensed physician assistant, licensed

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1 registered nurse, licensed practical nurse, surgical

2 assistant, surgical technician, or other individuals

3 granted clinical privileges to assist in surgery by the

4 consulting committee of the ASTC. Payment for services

5 rendered by an assistant in surgery who is not an

6 ambulatory surgical treatment center employee shall be

7 paid at the appropriate non-physician modifier rate if the

8 payor would have made payment had the same services been

9 provided by a physician.

10 (2.5) A registered nurse licensed under the Nurse

11 Practice Act and qualified by training and experience in

12 operating room nursing shall be present in the operating

13 room and function as the circulating nurse during all

14 invasive or operative procedures. For purposes of this

15 paragraph (2.5), "circulating nurse" means a registered

16 nurse who is responsible for coordinating all nursing care,

17 patient safety needs, and the needs of the surgical team in

18 the operating room during an invasive or operative

19 procedure.

20 (3) An advanced practice registered nurse is not

21 required to possess prescriptive authority or a written

22 collaborative agreement meeting the requirements of the

23 Nurse Practice Act to provide advanced practice registered

24 nursing services in an ambulatory surgical treatment

25 center. An advanced practice registered nurse must possess

26 clinical privileges granted by the consulting medical

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1 staff committee and ambulatory surgical treatment center

2 in order to provide services. Individual advanced practice

3 registered nurses may also be granted clinical privileges

4 to order, select, and administer medications, including

5 controlled substances, to provide delineated care. The

6 attending physician must determine the advanced practice

7 registered nurse's role in providing care for his or her

8 patients, except as otherwise provided in the consulting

9 staff policies. The consulting medical staff committee

10 shall periodically review the services of advanced

11 practice registerednurses granted privileges.

12 (4) The anesthesia service shall be under the direction

13 of a physician licensed to practice medicine in all its

14 branches who has had specialized preparation or experience

15 in the area or who has completed a residency in

16 anesthesiology. An anesthesiologist, Board certified or

17 Board eligible, is recommended. Anesthesia services may

18 only be administered pursuant to the order of a physician

19 licensed to practice medicine in all its branches, licensed

20 dentist, or licensed podiatric physician.

21 (A) The individuals who, with clinical privileges

22 granted by the medical staff and ASTC, may administer

23 anesthesia services are limited to the following:

24 (i) an anesthesiologist; or

25 (ii) a physician licensed to practice medicine

26 in all its branches; or

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1 (iii) a dentist with authority to administer

2 anesthesia under Section 8.1 of the Illinois

3 Dental Practice Act; or

4 (iv) a licensed certified registered nurse

5 anesthetist; or

6 (v) a podiatric physician licensed under the

7 Podiatric Medical Practice Act of 1987.

8 (B) For anesthesia services, an anesthesiologist

9 shall participate through discussion of and agreement

10 with the anesthesia plan and shall remain physically

11 present and be available on the premises during the

12 delivery of anesthesia services for diagnosis,

13 consultation, and treatment of emergency medical

14 conditions. In the absence of 24-hour availability of

15 anesthesiologists with clinical privileges, an

16 alternate policy (requiring participation, presence,

17 and availability of a physician licensed to practice

18 medicine in all its branches) shall be developed by the

19 medical staff consulting committee in consultation

20 with the anesthesia service and included in the medical

21 staff consulting committee policies.

22 (C) A certified registered nurse anesthetist is

23 not required to possess prescriptive authority or a

24 written collaborative agreement meeting the

25 requirements of Section 65-35 of the Nurse Practice Act

26 to provide anesthesia services ordered by a licensed

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1 physician, dentist, or podiatric physician. Licensed

2 certified registered nurse anesthetists are authorized

3 to select, order, and administer drugs and apply the

4 appropriate medical devices in the provision of

5 anesthesia services under the anesthesia plan agreed

6 with by the anesthesiologist or, in the absence of an

7 available anesthesiologist with clinical privileges,

8 agreed with by the operating physician, operating

9 dentist, or operating podiatric physician in

10 accordance with the medical staff consulting committee

11 policies of a licensed ambulatory surgical treatment

12 center.

13 (Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)

14 Section 105. The Assisted Living and Shared Housing Act is

15 amended by changing Section 10 as follows:

16 (210 ILCS 9/10)

17 Sec. 10. Definitions. For purposes of this Act:

18 "Activities of daily living" means eating, dressing,

19 bathing, toileting, transferring, or personal hygiene.

20 "Assisted living establishment" or "establishment" means a

21 home, building, residence, or any other place where sleeping

22 accommodations are provided for at least 3 unrelated adults, at

23 least 80% of whom are 55 years of age or older and where the

24 following are provided consistent with the purposes of this

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1 Act:

2 (1) services consistent with a social model that is

3 based on the premise that the resident's unit in assisted

4 living and shared housing is his or her own home;

5 (2) community-based residential care for persons who

6 need assistance with activities of daily living, including

7 personal, supportive, and intermittent health-related

8 services available 24 hours per day, if needed, to meet the

9 scheduled and unscheduled needs of a resident;

10 (3) mandatory services, whether provided directly by

11 the establishment or by another entity arranged for by the

12 establishment, with the consent of the resident or

13 resident's representative; and

14 (4) a physical environment that is a homelike setting

15 that includes the following and such other elements as

16 established by the Department: individual living units

17 each of which shall accommodate small kitchen appliances

18 and contain private bathing, washing, and toilet

19 facilities, or private washing and toilet facilities with a

20 common bathing room readily accessible to each resident.

21 Units shall be maintained for single occupancy except in

22 cases in which 2 residents choose to share a unit.

23 Sufficient common space shall exist to permit individual

24 and group activities.

25 "Assisted living establishment" or "establishment" does

26 not mean any of the following:

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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. However, a facility

8 licensed under any of those Acts may convert distinct parts

9 of the facility to assisted living. If the facility elects

10 to do so, the facility shall retain the Certificate of Need

11 for its nursing and sheltered care beds that were

12 converted.

13 (3) A hospital, sanitarium, or other institution, the

14 principal activity or business of which is the diagnosis,

15 care, and treatment of human illness and that is required

16 to be licensed under the Hospital Licensing Act.

17 (4) A facility for child care as defined in the Child

18 Care Act of 1969.

19 (5) A community living facility as defined in the

20 Community Living Facilities Licensing Act.

21 (6) A nursing home or sanitarium operated solely by and

22 for persons who rely exclusively upon treatment by

23 spiritual means through prayer in accordance with the creed

24 or tenants of a well-recognized church or religious

25 denomination.

26 (7) A facility licensed by the Department of Human

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1 Services as a community-integrated living arrangement as

2 defined in the Community-Integrated Living Arrangements

3 Licensure and Certification Act.

4 (8) A supportive residence licensed under the

5 Supportive Residences Licensing Act.

6 (9) The portion of a life care facility as defined in

7 the Life Care Facilities Act not licensed as an assisted

8 living establishment under this Act; a life care facility

9 may apply under this Act to convert sections of the

10 community to assisted living.

11 (10) A free-standing hospice facility licensed under

12 the Hospice Program Licensing Act.

13 (11) A shared housing establishment.

14 (12) A supportive living facility as described in

15 Section 5-5.01a of the Illinois Public Aid Code.

16 "Department" means the Department of Public Health.

17 "Director" means the Director of Public Health.

18 "Emergency situation" means imminent danger of death or

19 serious physical harm to a resident of an establishment.

20 "License" means any of the following types of licenses

21 issued to an applicant or licensee by the Department:

22 (1) "Probationary license" means a license issued to an

23 applicant or licensee that has not held a license under

24 this Act prior to its application or pursuant to a license

25 transfer in accordance with Section 50 of this Act.

26 (2) "Regular license" means a license issued by the

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1 Department to an applicant or licensee that is in

2 substantial compliance with this Act and any rules

3 promulgated under this Act.

4 "Licensee" means a person, agency, association,

5 corporation, partnership, or organization that has been issued

6 a license to operate an assisted living or shared housing

7 establishment.

8 "Licensed health care professional" means a registered

9 professional nurse, an advanced practiceregistered nurse, a

10 physician assistant, and a licensed practical nurse.

11 "Mandatory services" include the following:

12 (1) 3 meals per day available to the residents prepared

13 by the establishment or an outside contractor;

14 (2) housekeeping services including, but not limited

15 to, vacuuming, dusting, and cleaning the resident's unit;

16 (3) personal laundry and linen services available to

17 the residents provided or arranged for by the

18 establishment;

19 (4) security provided 24 hours each day including, but

20 not limited to, locked entrances or building or contract

21 security personnel;

22 (5) an emergency communication response system, which

23 is a procedure in place 24 hours each day by which a

24 resident can notify building management, an emergency

25 response vendor, or others able to respond to his or her

26 need for assistance; and

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1 (6) assistance with activities of daily living as

2 required by each resident.

3 "Negotiated risk" is the process by which a resident, or

4 his or her representative, may formally negotiate with

5 providers what risks each are willing and unwilling to assume

6 in service provision and the resident's living environment. The

7 provider assures that the resident and the resident's

8 representative, if any, are informed of the risks of these

9 decisions and of the potential consequences of assuming these

10 risks.

11 "Owner" means the individual, partnership, corporation,

12 association, or other person who owns an assisted living or

13 shared housing establishment. In the event an assisted living

14 or shared housing establishment is operated by a person who

15 leases or manages the physical plant, which is owned by another

16 person, "owner" means the person who operates the assisted

17 living or shared housing establishment, except that if the

18 person who owns the physical plant is an affiliate of the

19 person who operates the assisted living or shared housing

20 establishment and has significant control over the day to day

21 operations of the assisted living or shared housing

22 establishment, the person who owns the physical plant shall

23 incur jointly and severally with the owner all liabilities

24 imposed on an owner under this Act.

25 "Physician" means a person licensed under the Medical

26 Practice Act of 1987 to practice medicine in all of its

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1 branches.

2 "Resident" means a person residing in an assisted living or

3 shared housing establishment.

4 "Resident's representative" means a person, other than the

5 owner, agent, or employee of an establishment or of the health

6 care provider unless related to the resident, designated in

7 writing by a resident to be his or her representative. This

8 designation may be accomplished through the Illinois Power of

9 Attorney Act, pursuant to the guardianship process under the

10 Probate Act of 1975, or pursuant to an executed designation of

11 representative form specified by the Department.

12 "Self" means the individual or the individual's designated

13 representative.

14 "Shared housing establishment" or "establishment" means a

15 publicly or privately operated free-standing residence for 16

16 or fewer persons, at least 80% of whom are 55 years of age or

17 older and who are unrelated to the owners and one manager of

18 the residence, where the following are provided:

19 (1) services consistent with a social model that is

20 based on the premise that the resident's unit is his or her

21 own home;

22 (2) community-based residential care for persons who

23 need assistance with activities of daily living, including

24 housing and personal, supportive, and intermittent

25 health-related services available 24 hours per day, if

26 needed, to meet the scheduled and unscheduled needs of a

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1 resident; and

2 (3) mandatory services, whether provided directly by

3 the establishment or by another entity arranged for by the

4 establishment, with the consent of the resident or the

5 resident's representative.

6 "Shared housing establishment" or "establishment" does not

7 mean any of the following:

8 (1) A home, institution, or similar place operated by

9 the federal government or the State of Illinois.

10 (2) A long term care facility licensed under the

11 Nursing Home Care Act, a facility licensed under the

12 Specialized Mental Health Rehabilitation Act of 2013, a

13 facility licensed under the ID/DD Community Care Act, or a

14 facility licensed under the MC/DD Act. A facility licensed

15 under any of those Acts may, however, convert sections of

16 the facility to assisted living. If the facility elects to

17 do so, the facility shall retain the Certificate of Need

18 for its nursing beds that were converted.

19 (3) A hospital, sanitarium, or other institution, the

20 principal activity or business of which is the diagnosis,

21 care, and treatment of human illness and that is required

22 to be licensed under the Hospital Licensing Act.

23 (4) A facility for child care as defined in the Child

24 Care Act of 1969.

25 (5) A community living facility as defined in the

26 Community Living Facilities Licensing Act.

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1 (6) A nursing home or sanitarium operated solely by and

2 for persons who rely exclusively upon treatment by

3 spiritual means through prayer in accordance with the creed

4 or tenants of a well-recognized church or religious

5 denomination.

6 (7) A facility licensed by the Department of Human

7 Services as a community-integrated living arrangement as

8 defined in the Community-Integrated Living Arrangements

9 Licensure and Certification Act.

10 (8) A supportive residence licensed under the

11 Supportive Residences Licensing Act.

12 (9) A life care facility as defined in the Life Care

13 Facilities Act; a life care facility may apply under this

14 Act to convert sections of the community to assisted

15 living.

16 (10) A free-standing hospice facility licensed under

17 the Hospice Program Licensing Act.

18 (11) An assisted living establishment.

19 (12) A supportive living facility as described in

20 Section 5-5.01a of the Illinois Public Aid Code.

21 "Total assistance" means that staff or another individual

22 performs the entire activity of daily living without

23 participation by the resident.

24 (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)

25 Section 110. The Illinois Clinical Laboratory and Blood

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1 Bank Act is amended by changing Section 7-101 as follows:

2 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)

3 Sec. 7-101. Examination of specimens. A clinical

4 laboratory shall examine specimens only at the request of (i) a

5 licensed physician, (ii) a licensed dentist, (iii) a licensed

6 podiatric physician, (iv) a licensed optometrist, (v) a

7 licensed physician assistant, (v-A) a licensed advanced

8 practice registerednurse, (vi) an authorized law enforcement

9 agency or, in the case of blood alcohol, at the request of the

10 individual for whom the test is to be performed in compliance

11 with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code,

12 or (vii) a genetic counselor with the specific authority from a

13 referral to order a test or tests pursuant to subsection (b) of

14 Section 20 of the Genetic Counselor Licensing Act. If the

15 request to a laboratory is oral, the physician or other

16 authorized person shall submit a written request to the

17 laboratory within 48 hours. If the laboratory does not receive

18 the written request within that period, it shall note that fact

19 in its records. For purposes of this Section, a request made by

20 electronic mail or fax constitutes a written request.

21 (Source: P.A. 98-185, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756,

22 eff. 7-16-14; 98-767, eff. 1-1-15; 99-173, eff. 7-29-15.)

23 Section 115. The Nursing Home Care Act is amended by

24 changing Section 3-206.05 as follows:

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1 (210 ILCS 45/3-206.05)

2 Sec. 3-206.05. Safe resident handling policy.

3 (a) In this Section:

4 "Health care worker" means an individual providing direct

5 resident care services who may be required to lift, transfer,

6 reposition, or move a resident.

7 "Nurse" means an advanced practice registered nurse, a

8 registered nurse, or a licensed practical nurse licensed under

9 the Nurse Practice Act.

10 "Safe lifting equipment and accessories" means mechanical

11 equipment designed to lift, move, reposition, and transfer

12 residents, including, but not limited to, fixed and portable

13 ceiling lifts, sit-to-stand lifts, slide sheets and boards,

14 slings, and repositioning and turning sheets.

15 "Safe lifting team" means at least 2 individuals who are

16 trained and proficient in the use of both safe lifting

17 techniques and safe lifting equipment and accessories.

18 "Adjustable equipment" means products and devices that may

19 be adapted for use by individuals with physical and other

20 disabilities in order to optimize accessibility. Adjustable

21 equipment includes, but is not limited to, the following:

22 (1) Wheelchairs with adjustable footrest height and

23 seat width and depth.

24 (2) Height-adjustable, drop-arm commode chairs and

25 height-adjustable shower gurneys or shower benches to

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1 enable individuals with mobility disabilities to use a

2 toilet and to shower safely and with increased comfort.

3 (3) Accessible weight scales that accommodate

4 wheelchair users.

5 (4) Height-adjustable beds that can be lowered to

6 accommodate individuals with mobility disabilities in

7 getting in and out of bed and that utilize drop-down side

8 railings for stability and positioning support.

9 (5) Universally designed or adaptable call buttons and

10 motorized bed position and height controls that can be

11 operated by persons with limited or no reach range, fine

12 motor ability, or vision.

13 (6) Height-adjustable platform tables for physical

14 therapy with drop-down side railings for stability and

15 positioning support.

16 (7) Therapeutic rehabilitation and exercise machines

17 with foot straps to secure the user's feet to the pedals

18 and with cuffs or splints to augment the user's grip

19 strength on handles.

20 (b) A facility must adopt and ensure implementation of a

21 policy to identify, assess, and develop strategies to control

22 risk of injury to residents and nurses and other health care

23 workers associated with the lifting, transferring,

24 repositioning, or movement of a resident. The policy shall

25 establish a process that, at a minimum, includes all of the

26 following:

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1 (1) Analysis of the risk of injury to residents and

2 nurses and other health care workers taking into account

3 the resident handling needs of the resident populations

4 served by the facility and the physical environment in

5 which the resident handling and movement occurs.

6 (2) Education and training of nurses and other direct

7 resident care providers in the identification, assessment,

8 and control of risks of injury to residents and nurses and

9 other health care workers during resident handling and on

10 safe lifting policies and techniques and current lifting

11 equipment.

12 (3) Evaluation of alternative ways to reduce risks

13 associated with resident handling, including evaluation of

14 equipment and the environment.

15 (4) Restriction, to the extent feasible with existing

16 equipment and aids, of manual resident handling or movement

17 of all or most of a resident's weight except for emergency,

18 life-threatening, or otherwise exceptional circumstances.

19 (5) Procedures for a nurse to refuse to perform or be

20 involved in resident handling or movement that the nurse in

21 good faith believes will expose a resident or nurse or

22 other health care worker to an unacceptable risk of injury.

23 (6) Development of strategies to control risk of injury

24 to residents and nurses and other health care workers

25 associated with the lifting, transferring, repositioning,

26 or movement of a resident.

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1 (7) In developing architectural plans for construction

2 or remodeling of a facility or unit of a facility in which

3 resident handling and movement occurs, consideration of

4 the feasibility of incorporating resident handling

5 equipment or the physical space and construction design

6 needed to incorporate that equipment.

7 (8) Fostering and maintaining resident safety,

8 dignity, self-determination, and choice, including the

9 following policies, strategies, and procedures:

10 (A) The existence and availability of a trained

11 safe lifting team.

12 (B) A policy of advising residents of a range of

13 transfer and lift options, including adjustable

14 diagnostic and treatment equipment, mechanical lifts,

15 and provision of a trained safe lifting team.

16 (C) The right of a competent resident, or the

17 guardian of a resident adjudicated incompetent, to

18 choose among the range of transfer and lift options

19 consistent with the procedures set forth under

20 subdivision (b)(5) and the policies set forth under

21 this paragraph (8), subject to the provisions of

22 subparagraph (E) of this paragraph (8).

23 (D) Procedures for documenting, upon admission and

24 as status changes, a mobility assessment and plan for

25 lifting, transferring, repositioning, or movement of a

26 resident, including the choice of the resident or the

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1 resident's guardian among the range of transfer and

2 lift options.

3 (E) Incorporation of such safe lifting procedures,

4 techniques, and equipment as are consistent with

5 applicable federal law.

6 (c) Safe lifting teams must receive specialized, in-depth

7 training that includes, but need not be limited to, the

8 following:

9 (1) Types and operation of equipment.

10 (2) Safe manual lifting and moving techniques.

11 (3) Ergonomic principles in the assessment of risk both

12 to nurses and other workers and to residents.

13 (4) The selection, safe use, location, and condition of

14 appropriate pieces of equipment individualized to each

15 resident's medical and physical conditions and

16 preferences.

17 (5) Procedures for advising residents of the full range

18 of transfer and lift options and for documenting

19 individualized lifting plans that include resident choice.

20 Specialized, in-depth training may rely on federal

21 standards and guidelines such as the United States Department

22 of Labor Guidelines for Nursing Homes, supplemented by federal

23 requirements for barrier removal, independent access, and

24 means of accommodation optimizing independent movement and

25 transfer.

26 (Source: P.A. 96-389, eff. 1-1-10; 97-866, eff. 1-1-13.)

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1 Section 120. The Emergency Medical Services (EMS) Systems

2 Act is amended by changing Sections 3.10 and 3.117 as follows:

3 (210 ILCS 50/3.10)

4 Sec. 3.10. Scope of Services.

5 (a) "Advanced Life Support (ALS) Services" means an

6 advanced level of pre-hospital and inter-hospital emergency

7 care and non-emergency medical services that includes basic

8 life support care, cardiac monitoring, cardiac defibrillation,

9 electrocardiography, intravenous therapy, administration of

10 medications, drugs and solutions, use of adjunctive medical

11 devices, trauma care, and other authorized techniques and

12 procedures, as outlined in the provisions of the National EMS

13 Education Standards relating to Advanced Life Support and any

14 modifications to that curriculum specified in rules adopted by

15 the Department pursuant to this Act.

16 That care shall be initiated as authorized by the EMS

17 Medical Director in a Department approved advanced life support

18 EMS System, under the written or verbal direction of a

19 physician licensed to practice medicine in all of its branches

20 or under the verbal direction of an Emergency Communications

21 Registered Nurse.

22 (b) "Intermediate Life Support (ILS) Services" means an

23 intermediate level of pre-hospital and inter-hospital

24 emergency care and non-emergency medical services that

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1 includes basic life support care plus intravenous cannulation

2 and fluid therapy, invasive airway management, trauma care, and

3 other authorized techniques and procedures, as outlined in the

4 Intermediate Life Support national curriculum of the United

5 States Department of Transportation and any modifications to

6 that curriculum specified in rules adopted by the Department

7 pursuant to this Act.

8 That care shall be initiated as authorized by the EMS

9 Medical Director in a Department approved intermediate or

10 advanced life support EMS System, under the written or verbal

11 direction of a physician licensed to practice medicine in all

12 of its branches or under the verbal direction of an Emergency

13 Communications Registered Nurse.

14 (c) "Basic Life Support (BLS) Services" means a basic level

15 of pre-hospital and inter-hospital emergency care and

16 non-emergency medical services that includes medical

17 monitoring, clinical observation, airway management,

18 cardiopulmonary resuscitation (CPR), control of shock and

19 bleeding and splinting of fractures, as outlined in the

20 provisions of the National EMS Education Standards relating to

21 Basic Life Support and any modifications to that curriculum

22 specified in rules adopted by the Department pursuant to this

23 Act.

24 That care shall be initiated, where authorized by the EMS

25 Medical Director in a Department approved EMS System, under the

26 written or verbal direction of a physician licensed to practice

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1 medicine in all of its branches or under the verbal direction

2 of an Emergency Communications Registered Nurse.

3 (d) "Emergency Medical Responder Services" means a

4 preliminary level of pre-hospital emergency care that includes

5 cardiopulmonary resuscitation (CPR), monitoring vital signs

6 and control of bleeding, as outlined in the Emergency Medical

7 Responder (EMR) curriculum of the National EMS Education

8 Standards and any modifications to that curriculum specified in

9 rules adopted by the Department pursuant to this Act.

10 (e) "Pre-hospital care" means those medical services

11 rendered to patients for analytic, resuscitative, stabilizing,

12 or preventive purposes, precedent to and during transportation

13 of such patients to health care facilities.

14 (f) "Inter-hospital care" means those medical services

15 rendered to patients for analytic, resuscitative, stabilizing,

16 or preventive purposes, during transportation of such patients

17 from one hospital to another hospital.

18 (f-5) "Critical care transport" means the pre-hospital or

19 inter-hospital transportation of a critically injured or ill

20 patient by a vehicle service provider, including the provision

21 of medically necessary supplies and services, at a level of

22 service beyond the scope of the Paramedic. When medically

23 indicated for a patient, as determined by a physician licensed

24 to practice medicine in all of its branches, an advanced

25 practice registered nurse, or a physician's assistant, in

26 compliance with subsections (b) and (c) of Section 3.155 of

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1 this Act, critical care transport may be provided by:

2 (1) Department-approved critical care transport

3 providers, not owned or operated by a hospital, utilizing

4 Paramedics with additional training, nurses, or other

5 qualified health professionals; or

6 (2) Hospitals, when utilizing any vehicle service

7 provider or any hospital-owned or operated vehicle service

8 provider. Nothing in Public Act 96-1469 requires a hospital

9 to use, or to be, a Department-approved critical care

10 transport provider when transporting patients, including

11 those critically injured or ill. Nothing in this Act shall

12 restrict or prohibit a hospital from providing, or

13 arranging for, the medically appropriate transport of any

14 patient, as determined by a physician licensed to practice

15 in all of its branches, an advanced practice registered

16 nurse, or a physician's assistant.

17 (g) "Non-emergency medical services" means medical care,

18 clinical observation, or medical monitoring rendered to

19 patients whose conditions do not meet this Act's definition of

20 emergency, before or during transportation of such patients to

21 or from health care facilities visited for the purpose of

22 obtaining medical or health care services which are not

23 emergency in nature, using a vehicle regulated by this Act.

24 (g-5) The Department shall have the authority to promulgate

25 minimum standards for critical care transport providers

26 through rules adopted pursuant to this Act. All critical care

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1 transport providers must function within a Department-approved

2 EMS System. Nothing in Department rules shall restrict a

3 hospital's ability to furnish personnel, equipment, and

4 medical supplies to any vehicle service provider, including a

5 critical care transport provider. Minimum critical care

6 transport provider standards shall include, but are not limited

7 to:

8 (1) Personnel staffing and licensure.

9 (2) Education, certification, and experience.

10 (3) Medical equipment and supplies.

11 (4) Vehicular standards.

12 (5) Treatment and transport protocols.

13 (6) Quality assurance and data collection.

14 (h) The provisions of this Act shall not apply to the use

15 of an ambulance or SEMSV, unless and until emergency or

16 non-emergency medical services are needed during the use of the

17 ambulance or SEMSV.

18 (Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17.)

19 (210 ILCS 50/3.117)

20 Sec. 3.117. Hospital Designations.

21 (a) The Department shall attempt to designate Primary

22 Stroke Centers in all areas of the State.

23 (1) The Department shall designate as many certified

24 Primary Stroke Centers as apply for that designation

25 provided they are certified by a nationally-recognized

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1 certifying body, approved by the Department, and

2 certification criteria are consistent with the most

3 current nationally-recognized, evidence-based stroke

4 guidelines related to reducing the occurrence,

5 disabilities, and death associated with stroke.

6 (2) A hospital certified as a Primary Stroke Center by

7 a nationally-recognized certifying body approved by the

8 Department, shall send a copy of the Certificate and annual

9 fee to the Department and shall be deemed, within 30

10 business days of its receipt by the Department, to be a

11 State-designated Primary Stroke Center.

12 (3) A center designated as a Primary Stroke Center

13 shall pay an annual fee as determined by the Department

14 that shall be no less than $100 and no greater than $500.

15 All fees shall be deposited into the Stroke Data Collection

16 Fund.

17 (3.5) With respect to a hospital that is a designated

18 Primary Stroke Center, the Department shall have the

19 authority and responsibility to do the following:

20 (A) Suspend or revoke a hospital's Primary Stroke

21 Center designation upon receiving notice that the

22 hospital's Primary Stroke Center certification has

23 lapsed or has been revoked by the State recognized

24 certifying body.

25 (B) Suspend a hospital's Primary Stroke Center

26 designation, in extreme circumstances where patients

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1 may be at risk for immediate harm or death, until such

2 time as the certifying body investigates and makes a

3 final determination regarding certification.

4 (C) Restore any previously suspended or revoked

5 Department designation upon notice to the Department

6 that the certifying body has confirmed or restored the

7 Primary Stroke Center certification of that previously

8 designated hospital.

9 (D) Suspend a hospital's Primary Stroke Center

10 designation at the request of a hospital seeking to

11 suspend its own Department designation.

12 (4) Primary Stroke Center designation shall remain

13 valid at all times while the hospital maintains its

14 certification as a Primary Stroke Center, in good standing,

15 with the certifying body. The duration of a Primary Stroke

16 Center designation shall coincide with the duration of its

17 Primary Stroke Center certification. Each designated

18 Primary Stroke Center shall have its designation

19 automatically renewed upon the Department's receipt of a

20 copy of the accrediting body's certification renewal.

21 (5) A hospital that no longer meets

22 nationally-recognized, evidence-based standards for

23 Primary Stroke Centers, or loses its Primary Stroke Center

24 certification, shall notify the Department and the

25 Regional EMS Advisory Committee within 5 business days.

26 (a-5) The Department shall attempt to designate

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1 Comprehensive Stroke Centers in all areas of the State.

2 (1) The Department shall designate as many certified

3 Comprehensive Stroke Centers as apply for that

4 designation, provided that the Comprehensive Stroke

5 Centers are certified by a nationally-recognized

6 certifying body approved by the Department, and provided

7 that the certifying body's certification criteria are

8 consistent with the most current nationally-recognized and

9 evidence-based stroke guidelines for reducing the

10 occurrence of stroke and the disabilities and death

11 associated with stroke.

12 (2) A hospital certified as a Comprehensive Stroke

13 Center shall send a copy of the Certificate and annual fee

14 to the Department and shall be deemed, within 30 business

15 days of its receipt by the Department, to be a

16 State-designated Comprehensive Stroke Center.

17 (3) A hospital designated as a Comprehensive Stroke

18 Center shall pay an annual fee as determined by the

19 Department that shall be no less than $100 and no greater

20 than $500. All fees shall be deposited into the Stroke Data

21 Collection Fund.

22 (4) With respect to a hospital that is a designated

23 Comprehensive Stroke Center, the Department shall have the

24 authority and responsibility to do the following:

25 (A) Suspend or revoke the hospital's Comprehensive

26 Stroke Center designation upon receiving notice that

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1 the hospital's Comprehensive Stroke Center

2 certification has lapsed or has been revoked by the

3 State recognized certifying body.

4 (B) Suspend the hospital's Comprehensive Stroke

5 Center designation, in extreme circumstances in which

6 patients may be at risk for immediate harm or death,

7 until such time as the certifying body investigates and

8 makes a final determination regarding certification.

9 (C) Restore any previously suspended or revoked

10 Department designation upon notice to the Department

11 that the certifying body has confirmed or restored the

12 Comprehensive Stroke Center certification of that

13 previously designated hospital.

14 (D) Suspend the hospital's Comprehensive Stroke

15 Center designation at the request of a hospital seeking

16 to suspend its own Department designation.

17 (5) Comprehensive Stroke Center designation shall

18 remain valid at all times while the hospital maintains its

19 certification as a Comprehensive Stroke Center, in good

20 standing, with the certifying body. The duration of a

21 Comprehensive Stroke Center designation shall coincide

22 with the duration of its Comprehensive Stroke Center

23 certification. Each designated Comprehensive Stroke Center

24 shall have its designation automatically renewed upon the

25 Department's receipt of a copy of the certifying body's

26 certification renewal.

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1 (6) A hospital that no longer meets

2 nationally-recognized, evidence-based standards for

3 Comprehensive Stroke Centers, or loses its Comprehensive

4 Stroke Center certification, shall notify the Department

5 and the Regional EMS Advisory Committee within 5 business

6 days.

7 (b) Beginning on the first day of the month that begins 12

8 months after the adoption of rules authorized by this

9 subsection, the Department shall attempt to designate

10 hospitals as Acute Stroke-Ready Hospitals in all areas of the

11 State. Designation may be approved by the Department after a

12 hospital has been certified as an Acute Stroke-Ready Hospital

13 or through application and designation by the Department. For

14 any hospital that is designated as an Emergent Stroke Ready

15 Hospital at the time that the Department begins the designation

16 of Acute Stroke-Ready Hospitals, the Emergent Stroke Ready

17 designation shall remain intact for the duration of the

18 12-month period until that designation expires. Until the

19 Department begins the designation of hospitals as Acute

20 Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke

21 Ready Hospital designation utilizing the processes and

22 criteria provided in Public Act 96-514.

23 (1) (Blank).

24 (2) Hospitals may apply for, and receive, Acute

25 Stroke-Ready Hospital designation from the Department,

26 provided that the hospital attests, on a form developed by

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1 the Department in consultation with the State Stroke

2 Advisory Subcommittee, that it meets, and will continue to

3 meet, the criteria for Acute Stroke-Ready Hospital

4 designation and pays an annual fee.

5 A hospital designated as an Acute Stroke-Ready

6 Hospital shall pay an annual fee as determined by the

7 Department that shall be no less than $100 and no greater

8 than $500. All fees shall be deposited into the Stroke Data

9 Collection Fund.

10 (2.5) A hospital may apply for, and receive, Acute

11 Stroke-Ready Hospital designation from the Department,

12 provided that the hospital provides proof of current Acute

13 Stroke-Ready Hospital certification and the hospital pays

14 an annual fee.

15 (A) Acute Stroke-Ready Hospital designation shall

16 remain valid at all times while the hospital maintains

17 its certification as an Acute Stroke-Ready Hospital,

18 in good standing, with the certifying body.

19 (B) The duration of an Acute Stroke-Ready Hospital

20 designation shall coincide with the duration of its

21 Acute Stroke-Ready Hospital certification.

22 (C) Each designated Acute Stroke-Ready Hospital

23 shall have its designation automatically renewed upon

24 the Department's receipt of a copy of the certifying

25 body's certification renewal and Application for

26 Stroke Center Designation form.

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1 (D) A hospital must submit a copy of its

2 certification renewal from the certifying body as soon

3 as practical but no later than 30 business days after

4 that certification is received by the hospital. Upon

5 the Department's receipt of the renewal certification,

6 the Department shall renew the hospital's Acute

7 Stroke-Ready Hospital designation.

8 (E) A hospital designated as an Acute Stroke-Ready

9 Hospital shall pay an annual fee as determined by the

10 Department that shall be no less than $100 and no

11 greater than $500. All fees shall be deposited into the

12 Stroke Data Collection Fund.

13 (3) Hospitals seeking Acute Stroke-Ready Hospital

14 designation that do not have certification shall develop

15 policies and procedures that are consistent with

16 nationally-recognized, evidence-based protocols for the

17 provision of emergent stroke care. Hospital policies

18 relating to emergent stroke care and stroke patient

19 outcomes shall be reviewed at least annually, or more often

20 as needed, by a hospital committee that oversees quality

21 improvement. Adjustments shall be made as necessary to

22 advance the quality of stroke care delivered. Criteria for

23 Acute Stroke-Ready Hospital designation of hospitals shall

24 be limited to the ability of a hospital to:

25 (A) create written acute care protocols related to

26 emergent stroke care;

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1 (A-5) participate in the data collection system

2 provided in Section 3.118, if available;

3 (B) maintain a written transfer agreement with one

4 or more hospitals that have neurosurgical expertise;

5 (C) designate a Clinical Director of Stroke Care

6 who shall be a clinical member of the hospital staff

7 with training or experience, as defined by the

8 facility, in the care of patients with cerebrovascular

9 disease. This training or experience may include, but

10 is not limited to, completion of a fellowship or other

11 specialized training in the area of cerebrovascular

12 disease, attendance at national courses, or prior

13 experience in neuroscience intensive care units. The

14 Clinical Director of Stroke Care may be a neurologist,

15 neurosurgeon, emergency medicine physician, internist,

16 radiologist, advanced practice registered nurse, or

17 physician's assistant;

18 (C-5) provide rapid access to an acute stroke team,

19 as defined by the facility, that considers and reflects

20 nationally-recognized, evidenced-based protocols or

21 guidelines;

22 (D) administer thrombolytic therapy, or

23 subsequently developed medical therapies that meet

24 nationally-recognized, evidence-based stroke

25 guidelines;

26 (E) conduct brain image tests at all times;

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1 (F) conduct blood coagulation studies at all

2 times;

3 (G) maintain a log of stroke patients, which shall

4 be available for review upon request by the Department

5 or any hospital that has a written transfer agreement

6 with the Acute Stroke-Ready Hospital;

7 (H) admit stroke patients to a unit that can

8 provide appropriate care that considers and reflects

9 nationally-recognized, evidence-based protocols or

10 guidelines or transfer stroke patients to an Acute

11 Stroke-Ready Hospital, Primary Stroke Center, or

12 Comprehensive Stroke Center, or another facility that

13 can provide the appropriate care that considers and

14 reflects nationally-recognized, evidence-based

15 protocols or guidelines; and

16 (I) demonstrate compliance with

17 nationally-recognized quality indicators.

18 (4) With respect to Acute Stroke-Ready Hospital

19 designation, the Department shall have the authority and

20 responsibility to do the following:

21 (A) Require hospitals applying for Acute

22 Stroke-Ready Hospital designation to attest, on a form

23 developed by the Department in consultation with the

24 State Stroke Advisory Subcommittee, that the hospital

25 meets, and will continue to meet, the criteria for an

26 Acute Stroke-Ready Hospital.

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1 (A-5) Require hospitals applying for Acute

2 Stroke-Ready Hospital designation via national Acute

3 Stroke-Ready Hospital certification to provide proof

4 of current Acute Stroke-Ready Hospital certification,

5 in good standing.

6 The Department shall require a hospital that is

7 already certified as an Acute Stroke-Ready Hospital to

8 send a copy of the Certificate to the Department.

9 Within 30 business days of the Department's

10 receipt of a hospital's Acute Stroke-Ready Certificate

11 and Application for Stroke Center Designation form

12 that indicates that the hospital is a certified Acute

13 Stroke-Ready Hospital, in good standing, the hospital

14 shall be deemed a State-designated Acute Stroke-Ready

15 Hospital. The Department shall send a designation

16 notice to each hospital that it designates as an Acute

17 Stroke-Ready Hospital and shall add the names of

18 designated Acute Stroke-Ready Hospitals to the website

19 listing immediately upon designation. The Department

20 shall immediately remove the name of a hospital from

21 the website listing when a hospital loses its

22 designation after notice and, if requested by the

23 hospital, a hearing.

24 The Department shall develop an Application for

25 Stroke Center Designation form that contains a

26 statement that "The above named facility meets the

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1 requirements for Acute Stroke-Ready Hospital

2 Designation as provided in Section 3.117 of the

3 Emergency Medical Services (EMS) Systems Act" and

4 shall instruct the applicant facility to provide: the

5 hospital name and address; the hospital CEO or

6 Administrator's typed name and signature; the hospital

7 Clinical Director of Stroke Care's typed name and

8 signature; and a contact person's typed name, email

9 address, and phone number.

10 The Application for Stroke Center Designation form

11 shall contain a statement that instructs the hospital

12 to "Provide proof of current Acute Stroke-Ready

13 Hospital certification from a nationally-recognized

14 certifying body approved by the Department".

15 (B) Designate a hospital as an Acute Stroke-Ready

16 Hospital no more than 30 business days after receipt of

17 an attestation that meets the requirements for

18 attestation, unless the Department, within 30 days of

19 receipt of the attestation, chooses to conduct an

20 onsite survey prior to designation. If the Department

21 chooses to conduct an onsite survey prior to

22 designation, then the onsite survey shall be conducted

23 within 90 days of receipt of the attestation.

24 (C) Require annual written attestation, on a form

25 developed by the Department in consultation with the

26 State Stroke Advisory Subcommittee, by Acute

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1 Stroke-Ready Hospitals to indicate compliance with

2 Acute Stroke-Ready Hospital criteria, as described in

3 this Section, and automatically renew Acute

4 Stroke-Ready Hospital designation of the hospital.

5 (D) Issue an Emergency Suspension of Acute

6 Stroke-Ready Hospital designation when the Director,

7 or his or her designee, has determined that the

8 hospital no longer meets the Acute Stroke-Ready

9 Hospital criteria and an immediate and serious danger

10 to the public health, safety, and welfare exists. If

11 the Acute Stroke-Ready Hospital fails to eliminate the

12 violation immediately or within a fixed period of time,

13 not exceeding 10 days, as determined by the Director,

14 the Director may immediately revoke the Acute

15 Stroke-Ready Hospital designation. The Acute

16 Stroke-Ready Hospital may appeal the revocation within

17 15 business days after receiving the Director's

18 revocation order, by requesting an administrative

19 hearing.

20 (E) After notice and an opportunity for an

21 administrative hearing, suspend, revoke, or refuse to

22 renew an Acute Stroke-Ready Hospital designation, when

23 the Department finds the hospital is not in substantial

24 compliance with current Acute Stroke-Ready Hospital

25 criteria.

26 (c) The Department shall consult with the State Stroke

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1 Advisory Subcommittee for developing the designation,

2 re-designation, and de-designation processes for Comprehensive

3 Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready

4 Hospitals.

5 (d) The Department shall consult with the State Stroke

6 Advisory Subcommittee as subject matter experts at least

7 annually regarding stroke standards of care.

8 (Source: P.A. 98-756, eff. 7-16-14; 98-1001, eff. 1-1-15.)

9 Section 125. The Home Health, Home Services, and Home

10 Nursing Agency Licensing Act is amended by changing Sections

11 2.05 and 2.11 as follows:

12 (210 ILCS 55/2.05) (from Ch. 111 1/2, par. 2802.05)

13 Sec. 2.05. "Home health services" means services provided

14 to a person at his residence according to a plan of treatment

15 for illness or infirmity prescribed by a physician licensed to

16 practice medicine in all its branches, a licensed physician

17 assistant, or a licensed advanced practice registered nurse.

18 Such services include part time and intermittent nursing

19 services and other therapeutic services such as physical

20 therapy, occupational therapy, speech therapy, medical social

21 services, or services provided by a home health aide.

22 (Source: P.A. 98-261, eff. 8-9-13; 99-173, eff. 7-29-15.)

23 (210 ILCS 55/2.11)

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1 Sec. 2.11. "Home nursing agency" means an agency that

2 provides services directly, or acts as a placement agency, in

3 order to deliver skilled nursing and home health aide services

4 to persons in their personal residences. A home nursing agency

5 provides services that would require a licensed nurse to

6 perform. Home health aide services are provided under the

7 direction of a registered professional nurse or advanced

8 practice registered ~~Advanced Practice~~ nurse. A home nursing

9 agency does not require licensure as a home health agency under

10 this Act. "Home nursing agency" does not include an

11 individually licensed nurse acting as a private contractor or a

12 person that provides or procures temporary employment in health

13 care facilities, as defined in the Nurse Agency Licensing Act.

14 (Source: P.A. 94-379, eff. 1-1-06; 95-951, eff. 8-29-08.)

15 Section 130. The End Stage Renal Disease Facility Act is

16 amended by changing Section 25 as follows:

17 (210 ILCS 62/25)

18 Sec. 25. Minimum staffing. An end stage renal disease

19 facility shall be under the medical direction of a physician

20 experienced in renal disease treatment, as required for

21 licensure under this Act. Additionally, at a minimum, every

22 facility licensed under this Act shall ensure that whenever

23 patients are undergoing dialysis all of the following are met:

24 (1) one currently licensed physician, registered

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1 nurse, physician assistant, advanced practiceregistered

2 nurse,or licensed practical nurse experienced in

3 rendering end stage renal disease care is physically

4 present on the premises to oversee patient care; and

5 (2) adequate staff is present to meet the medical and

6 non-medical needs of each patient, as provided by this Act

7 and the rules adopted pursuant to this Act.

8 (Source: P.A. 92-794, eff. 7-1-03.)

9 Section 135. The Hospital Licensing Act is amended by

10 changing Sections 6.14g, 6.23a, 6.25, 10, 10.7, 10.8, and 10.9

11 as follows:

12 (210 ILCS 85/6.14g)

13 Sec. 6.14g. Reports to the Department; opioid overdoses.

14 (a) As used in this Section:

15 "Overdose" has the same meaning as provided in Section 414

16 of the Illinois Controlled Substances Act.

17 "Health care professional" includes a physician licensed

18 to practice medicine in all its branches, a physician

19 assistant, or an advanced practice registered nurse licensed in

20 the State.

21 (b) When treatment is provided in a hospital's emergency

22 department, a health care professional who treats a drug

23 overdose or hospital administrator or designee shall report the

24 case to the Department of Public Health within 48 hours of

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1 providing treatment for the drug overdose or at such time the

2 drug overdose is confirmed. The Department shall by rule create

3 a form for this purpose which requires the following

4 information, if known: (1) whether an opioid antagonist was

5 administered; (2) the cause of the overdose; and (3) the

6 demographic information of the person treated. The Department

7 shall create the form with input from the statewide association

8 representing a majority of hospitals in Illinois. The person

9 completing the form may not disclose the name, address, or any

10 other personal information of the individual experiencing the

11 overdose.

12 (c) The identity of the person and entity reporting under

13 this subsection shall not be disclosed to the subject of the

14 report. For the purposes of this subsection, the health care

15 professional, hospital administrator, or designee making the

16 report and his or her employer shall not be held criminally,

17 civilly, or professionally liable for reporting under this

18 subsection, except for willful or wanton misconduct.

19 (d) The Department shall provide a semiannual report to the

20 General Assembly summarizing the reports received. The

21 Department shall also provide on its website a monthly report

22 of drug overdose figures. The figures shall be organized by the

23 overdose location, the age of the victim, the cause of the

24 overdose, and any other factors the Department deems

25 appropriate.

26 (Source: P.A. 99-480, eff. 9-9-15.)

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1 (210 ILCS 85/6.23a)

2 Sec. 6.23a. Sepsis screening protocols.

3 (a) Each hospital shall adopt, implement, and periodically

4 update evidence-based protocols for the early recognition and

5 treatment of patients with sepsis, severe sepsis, or septic

6 shock (sepsis protocols) that are based on generally accepted

7 standards of care. Sepsis protocols must include components

8 specific to the identification, care, and treatment of adults

9 and of children, and must clearly identify where and when

10 components will differ for adults and for children seeking

11 treatment in the emergency department or as an inpatient. These

12 protocols must also include the following components:

13 (1) a process for the screening and early recognition

14 of patients with sepsis, severe sepsis, or septic shock;

15 (2) a process to identify and document individuals

16 appropriate for treatment through sepsis protocols,

17 including explicit criteria defining those patients who

18 should be excluded from the protocols, such as patients

19 with certain clinical conditions or who have elected

20 palliative care;

21 (3) guidelines for hemodynamic support with explicit

22 physiologic and treatment goals, methodology for invasive

23 or non-invasive hemodynamic monitoring, and timeframe

24 goals;

25 (4) for infants and children, guidelines for fluid

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1 resuscitation consistent with current, evidence-based

2 guidelines for severe sepsis and septic shock with defined

3 therapeutic goals for children;

4 (5) identification of the infectious source and

5 delivery of early broad spectrum antibiotics with timely

6 re-evaluation to adjust to narrow spectrum antibiotics

7 targeted to identified infectious sources; and

8 (6) criteria for use, based on accepted evidence of

9 vasoactive agents.

10 (b) Each hospital shall ensure that professional staff with

11 direct patient care responsibilities and, as appropriate,

12 staff with indirect patient care responsibilities, including,

13 but not limited to, laboratory and pharmacy staff, are

14 periodically trained to implement the sepsis protocols

15 required under subsection (a). The hospital shall ensure

16 updated training of staff if the hospital initiates substantive

17 changes to the sepsis protocols.

18 (c) Each hospital shall be responsible for the collection

19 and utilization of quality measures related to the recognition

20 and treatment of severe sepsis for purposes of internal quality

21 improvement.

22 (d) The evidence-based protocols adopted under this

23 Section shall be provided to the Department upon the

24 Department's request.

25 (e) Hospitals submitting sepsis data as required by the

26 Centers for Medicare and Medicaid Services Hospital Inpatient

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1 Quality Reporting program as of fiscal year 2016 are presumed

2 to meet the sepsis protocol requirements outlined in this

3 Section.

4 (f) Subject to appropriation, the Department shall:

5 (1) recommend evidence-based sepsis definitions and

6 metrics that incorporate evidence-based findings,

7 including appropriate antibiotic stewardship, and that

8 align with the National Quality Forum, the Centers for

9 Medicare and Medicaid Services, the Agency for Healthcare

10 Research and Quality, and the Joint Commission;

11 (2) establish and use a methodology for collecting,

12 analyzing, and disclosing the information collected under

13 this Section, including collection methods, formatting,

14 and methods and means for aggregate data release and

15 dissemination;

16 (3) complete a digest of efforts and recommendations no

17 later than 12 months after the effective date of this

18 amendatory Act of the 99th General Assembly; the digest may

19 include Illinois-specific data, trends, conditions, or

20 other clinical factors; a summary shall be provided to the

21 Governor and General Assembly and shall be publicly

22 available on the Department's website; and

23 (4) consult and seek input and feedback prior to the

24 proposal, publication, or issuance of any guidance,

25 methodologies, metrics, rulemaking, or any other

26 information authorized under this Section from statewide

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1 organizations representing hospitals, physicians, advanced

2 practice registered nurses, pharmacists, and long-term

3 care facilities. Public and private hospitals,

4 epidemiologists, infection prevention professionals,

5 health care informatics and health care data

6 professionals, and academic researchers may be consulted.

7 If the Department receives an appropriation and carries out

8 the requirements of paragraphs (1), (2), (3), and (4), then the

9 Department may adopt rules concerning the collection of data

10 from hospitals regarding sepsis and requiring that each

11 hospital shall be responsible for reporting to the Department.

12 Any publicly released hospital-specific information under

13 this Section is subject to data provisions specified in Section

14 25 of the Hospital Report Card Act.

15 (Source: P.A. 99-828, eff. 8-18-16.)

16 (210 ILCS 85/6.25)

17 Sec. 6.25. Safe patient handling policy.

18 (a) In this Section:

19 "Health care worker" means an individual providing direct

20 patient care services who may be required to lift, transfer,

21 reposition, or move a patient.

22 "Nurse" means an advanced practice registered nurse, a

23 registered nurse, or a licensed practical nurse licensed under

24 the Nurse Practice Act.

25 "Safe lifting equipment and accessories" means mechanical

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1 equipment designed to lift, move, reposition, and transfer

2 patients, including, but not limited to, fixed and portable

3 ceiling lifts, sit-to-stand lifts, slide sheets and boards,

4 slings, and repositioning and turning sheets.

5 "Safe lifting team" means at least 2 individuals who are

6 trained in the use of both safe lifting techniques and safe

7 lifting equipment and accessories, including the

8 responsibility for knowing the location and condition of such

9 equipment and accessories.

10 (b) A hospital must adopt and ensure implementation of a

11 policy to identify, assess, and develop strategies to control

12 risk of injury to patients and nurses and other health care

13 workers associated with the lifting, transferring,

14 repositioning, or movement of a patient. The policy shall

15 establish a process that, at a minimum, includes all of the

16 following:

17 (1) Analysis of the risk of injury to patients and

18 nurses and other health care workers posted by the patient

19 handling needs of the patient populations served by the

20 hospital and the physical environment in which the patient

21 handling and movement occurs.

22 (2) Education and training of nurses and other direct

23 patient care providers in the identification, assessment,

24 and control of risks of injury to patients and nurses and

25 other health care workers during patient handling and on

26 safe lifting policies and techniques and current lifting

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1 equipment.

2 (3) Evaluation of alternative ways to reduce risks

3 associated with patient handling, including evaluation of

4 equipment and the environment.

5 (4) Restriction, to the extent feasible with existing

6 equipment and aids, of manual patient handling or movement

7 of all or most of a patient's weight except for emergency,

8 life-threatening, or otherwise exceptional circumstances.

9 (5) Collaboration with and an annual report to the

10 nurse staffing committee.

11 (6) Procedures for a nurse to refuse to perform or be

12 involved in patient handling or movement that the nurse in

13 good faith believes will expose a patient or nurse or other

14 health care worker to an unacceptable risk of injury.

15 (7) Submission of an annual report to the hospital's

16 governing body or quality assurance committee on

17 activities related to the identification, assessment, and

18 development of strategies to control risk of injury to

19 patients and nurses and other health care workers

20 associated with the lifting, transferring, repositioning,

21 or movement of a patient.

22 (8) In developing architectural plans for construction

23 or remodeling of a hospital or unit of a hospital in which

24 patient handling and movement occurs, consideration of the

25 feasibility of incorporating patient handling equipment or

26 the physical space and construction design needed to

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1 incorporate that equipment.

2 (9) Fostering and maintaining patient safety, dignity,

3 self-determination, and choice, including the following

4 policies, strategies, and procedures:

5 (A) the existence and availability of a trained

6 safe lifting team;

7 (B) a policy of advising patients of a range of

8 transfer and lift options, including adjustable

9 diagnostic and treatment equipment, mechanical lifts,

10 and provision of a trained safe lifting team;

11 (C) the right of a competent patient, or guardian

12 of a patient adjudicated incompetent, to choose among

13 the range of transfer and lift options, subject to the

14 provisions of subparagraph (E) of this paragraph (9);

15 (D) procedures for documenting, upon admission and

16 as status changes, a mobility assessment and plan for

17 lifting, transferring, repositioning, or movement of a

18 patient, including the choice of the patient or

19 patient's guardian among the range of transfer and lift

20 options; and

21 (E) incorporation of such safe lifting procedures,

22 techniques, and equipment as are consistent with

23 applicable federal law.

24 (Source: P.A. 96-389, eff. 1-1-10; 96-1000, eff. 7-2-10;

25 97-122, eff. 1-1-12.)

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1 (210 ILCS 85/10) (from Ch. 111 1/2, par. 151)

2 Sec. 10. Board creation; Department rules.

3 (a) The Governor shall appoint a Hospital Licensing Board

4 composed of 14 persons, which shall advise and consult with the

5 Director in the administration of this Act. The Secretary of

6 Human Services (or his or her designee) shall serve on the

7 Board, along with one additional representative of the

8 Department of Human Services to be designated by the Secretary.

9 Four appointive members shall represent the general public and

10 2 of these shall be members of hospital governing boards; one

11 appointive member shall be a registered professional nurse or

12 advanced practice registered ~~,~~nurse as defined in the Nurse

13 Practice Act, who is employed in a hospital; 3 appointive

14 members shall be hospital administrators actively engaged in

15 the supervision or administration of hospitals; 2 appointive

16 members shall be practicing physicians, licensed in Illinois to

17 practice medicine in all of its branches; and one appointive

18 member shall be a physician licensed to practice podiatric

19 medicine under the Podiatric Medical Practice Act of 1987; and

20 one appointive member shall be a dentist licensed to practice

21 dentistry under the Illinois Dental Practice Act. In making

22 Board appointments, the Governor shall give consideration to

23 recommendations made through the Director by professional

24 organizations concerned with hospital administration for the

25 hospital administrative and governing board appointments,

26 registered professional nurse organizations for the registered

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1 professional nurse appointment, professional medical

2 organizations for the physician appointments, and professional

3 dental organizations for the dentist appointment.

4 (b) Each appointive member shall hold office for a term of

5 3 years, except that any member appointed to fill a vacancy

6 occurring prior to the expiration of the term for which his

7 predecessor was appointed shall be appointed for the remainder

8 of such term and the terms of office of the members first

9 taking office shall expire, as designated at the time of

10 appointment, 2 at the end of the first year, 2 at the end of the

11 second year, and 3 at the end of the third year, after the date

12 of appointment. The initial terms of office of the 2 additional

13 members representing the general public provided for in this

14 Section shall expire at the end of the third year after the

15 date of appointment. The term of office of each original

16 appointee shall commence July 1, 1953; the term of office of

17 the original registered professional nurse appointee shall

18 commence July 1, 1969; the term of office of the original

19 licensed podiatric physician appointee shall commence July 1,

20 1981; the term of office of the original dentist appointee

21 shall commence July 1, 1987; and the term of office of each

22 successor shall commence on July 1 of the year in which his

23 predecessor's term expires. Board members, while serving on

24 business of the Board, shall receive actual and necessary

25 travel and subsistence expenses while so serving away from

26 their places of residence. The Board shall meet as frequently

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1 as the Director deems necessary, but not less than once a year.

2 Upon request of 5 or more members, the Director shall call a

3 meeting of the Board.

4 (c) The Director shall prescribe rules, regulations,

5 standards, and statements of policy needed to implement,

6 interpret, or make specific the provisions and purposes of this

7 Act. The Department shall adopt rules which set forth standards

8 for determining when the public interest, safety or welfare

9 requires emergency action in relation to termination of a

10 research program or experimental procedure conducted by a

11 hospital licensed under this Act. No rule, regulation, or

12 standard shall be adopted by the Department concerning the

13 operation of hospitals licensed under this Act which has not

14 had prior approval of the Hospital Licensing Board, nor shall

15 the Department adopt any rule, regulation or standard relating

16 to the establishment of a hospital without consultation with

17 the Hospital Licensing Board.

18 (d) Within one year after August 7, 1984 (the effective

19 date of Public Act 83-1248) ~~this amendatory Act of 1984~~, all

20 hospitals licensed under this Act and providing perinatal care

21 shall comply with standards of perinatal care promulgated by

22 the Department. The Director shall promulgate rules or

23 regulations under this Act which are consistent withthe

24 Developmental Disability Prevention Act ~~"An Act relating to the~~

25 ~~prevention of developmental disabilities", approved September~~

26 ~~6, 1973, as amended~~.

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1 (Source: P.A. 98-214, eff. 8-9-13; revised 10-26-16.)

2 (210 ILCS 85/10.7)

3 Sec. 10.7. Clinical privileges; advanced practice

4 registered nurses. All hospitals licensed under this Act shall

5 comply with the following requirements:

6 (1) No hospital policy, rule, regulation, or practice

7 shall be inconsistent with the provision of adequate

8 collaboration and consultation in accordance with Section

9 54.5 of the Medical Practice Act of 1987.

10 (2) Operative surgical procedures shall be performed

11 only by a physician licensed to practice medicine in all

12 its branches under the Medical Practice Act of 1987, a

13 dentist licensed under the Illinois Dental Practice Act, or

14 a podiatric physician licensed under the Podiatric Medical

15 Practice Act of 1987, with medical staff membership and

16 surgical clinical privileges granted at the hospital. A

17 licensed physician, dentist, or podiatric physician may be

18 assisted by a physician licensed to practice medicine in

19 all its branches, dentist, dental assistant, podiatric

20 physician, licensed advanced practice registered nurse,

21 licensed physician assistant, licensed registered nurse,

22 licensed practical nurse, surgical assistant, surgical

23 technician, or other individuals granted clinical

24 privileges to assist in surgery at the hospital. Payment

25 for services rendered by an assistant in surgery who is not

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1 a hospital employee shall be paid at the appropriate

2 non-physician modifier rate if the payor would have made

3 payment had the same services been provided by a physician.

4 (2.5) A registered nurse licensed under the Nurse

5 Practice Act and qualified by training and experience in

6 operating room nursing shall be present in the operating

7 room and function as the circulating nurse during all

8 invasive or operative procedures. For purposes of this

9 paragraph (2.5), "circulating nurse" means a registered

10 nurse who is responsible for coordinating all nursing care,

11 patient safety needs, and the needs of the surgical team in

12 the operating room during an invasive or operative

13 procedure.

14 (3) An advanced practice registered nurse is not

15 required to possess prescriptive authority or a written

16 collaborative agreement meeting the requirements of the

17 Nurse Practice Act to provide advanced practice registered

18 nursing services in a hospital. An advanced practice

19 registered nurse must possess clinical privileges

20 recommended by the medical staff and granted by the

21 hospital in order to provide services. Individual advanced

22 practice registered nurses may also be granted clinical

23 privileges to order, select, and administer medications,

24 including controlled substances, to provide delineated

25 care. The attending physician must determine the advanced

26 practice registered nurse's role in providing care for his

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1 or her patients, except as otherwise provided in medical

2 staff bylaws. The medical staff shall periodically review

3 the services of advanced practice registered nurses

4 granted privileges. This review shall be conducted in

5 accordance with item (2) of subsection (a) of Section 10.8

6 of this Act for advanced practice registered nurses

7 employed by the hospital.

8 (4) The anesthesia service shall be under the direction

9 of a physician licensed to practice medicine in all its

10 branches who has had specialized preparation or experience

11 in the area or who has completed a residency in

12 anesthesiology. An anesthesiologist, Board certified or

13 Board eligible, is recommended. Anesthesia services may

14 only be administered pursuant to the order of a physician

15 licensed to practice medicine in all its branches, licensed

16 dentist, or licensed podiatric physician.

17 (A) The individuals who, with clinical privileges

18 granted at the hospital, may administer anesthesia

19 services are limited to the following:

20 (i) an anesthesiologist; or

21 (ii) a physician licensed to practice medicine

22 in all its branches; or

23 (iii) a dentist with authority to administer

24 anesthesia under Section 8.1 of the Illinois

25 Dental Practice Act; or

26 (iv) a licensed certified registered nurse

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1 anesthetist; or

2 (v) a podiatric physician licensed under the

3 Podiatric Medical Practice Act of 1987.

4 (B) For anesthesia services, an anesthesiologist

5 shall participate through discussion of and agreement

6 with the anesthesia plan and shall remain physically

7 present and be available on the premises during the

8 delivery of anesthesia services for diagnosis,

9 consultation, and treatment of emergency medical

10 conditions. In the absence of 24-hour availability of

11 anesthesiologists with medical staff privileges, an

12 alternate policy (requiring participation, presence,

13 and availability of a physician licensed to practice

14 medicine in all its branches) shall be developed by the

15 medical staff and licensed hospital in consultation

16 with the anesthesia service.

17 (C) A certified registered nurse anesthetist is

18 not required to possess prescriptive authority or a

19 written collaborative agreement meeting the

20 requirements of Section 65-35 of the Nurse Practice Act

21 to provide anesthesia services ordered by a licensed

22 physician, dentist, or podiatric physician. Licensed

23 certified registered nurse anesthetists are authorized

24 to select, order, and administer drugs and apply the

25 appropriate medical devices in the provision of

26 anesthesia services under the anesthesia plan agreed

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1 with by the anesthesiologist or, in the absence of an

2 available anesthesiologist with clinical privileges,

3 agreed with by the operating physician, operating

4 dentist, or operating podiatric physician in

5 accordance with the hospital's alternative policy.

6 (Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)

7 (210 ILCS 85/10.8)

8 Sec. 10.8. Requirements for employment of physicians.

9 (a) Physician employment by hospitals and hospital

10 affiliates. Employing entities may employ physicians to

11 practice medicine in all of its branches provided that the

12 following requirements are met:

13 (1) The employed physician is a member of the medical

14 staff of either the hospital or hospital affiliate. If a

15 hospital affiliate decides to have a medical staff, its

16 medical staff shall be organized in accordance with written

17 bylaws where the affiliate medical staff is responsible for

18 making recommendations to the governing body of the

19 affiliate regarding all quality assurance activities and

20 safeguarding professional autonomy. The affiliate medical

21 staff bylaws may not be unilaterally changed by the

22 governing body of the affiliate. Nothing in this Section

23 requires hospital affiliates to have a medical staff.

24 (2) Independent physicians, who are not employed by an

25 employing entity, periodically review the quality of the

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1 medical services provided by the employed physician to

2 continuously improve patient care.

3 (3) The employing entity and the employed physician

4 sign a statement acknowledging that the employer shall not

5 unreasonably exercise control, direct, or interfere with

6 the employed physician's exercise and execution of his or

7 her professional judgment in a manner that adversely

8 affects the employed physician's ability to provide

9 quality care to patients. This signed statement shall take

10 the form of a provision in the physician's employment

11 contract or a separate signed document from the employing

12 entity to the employed physician. This statement shall

13 state: "As the employer of a physician, (employer's name)

14 shall not unreasonably exercise control, direct, or

15 interfere with the employed physician's exercise and

16 execution of his or her professional judgment in a manner

17 that adversely affects the employed physician's ability to

18 provide quality care to patients."

19 (4) The employing entity shall establish a mutually

20 agreed upon independent review process with criteria under

21 which an employed physician may seek review of the alleged

22 violation of this Section by physicians who are not

23 employed by the employing entity. The affiliate may arrange

24 with the hospital medical staff to conduct these reviews.

25 The independent physicians shall make findings and

26 recommendations to the employing entity and the employed

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1 physician within 30 days of the conclusion of the gathering

2 of the relevant information.

3 (b) Definitions. For the purpose of this Section:

4 "Employing entity" means a hospital licensed under the

5 Hospital Licensing Act or a hospital affiliate.

6 "Employed physician" means a physician who receives an IRS

7 W-2 form, or any successor federal income tax form, from an

8 employing entity.

9 "Hospital" means a hospital licensed under the Hospital

10 Licensing Act, except county hospitals as defined in subsection

11 (c) of Section 15-1 of the IllinoisPublic Aid Code.

12 "Hospital affiliate" means a corporation, partnership,

13 joint venture, limited liability company, or similar

14 organization, other than a hospital, that is devoted primarily

15 to the provision, management, or support of health care

16 services and that directly or indirectly controls, is

17 controlled by, or is under common control of the hospital.

18 "Control" means having at least an equal or a majority

19 ownership or membership interest. A hospital affiliate shall be

20 100% owned or controlled by any combination of hospitals, their

21 parent corporations, or physicians licensed to practice

22 medicine in all its branches in Illinois. "Hospital affiliate"

23 does not include a health maintenance organization regulated

24 under the Health Maintenance Organization Act.

25 "Physician" means an individual licensed to practice

26 medicine in all its branches in Illinois.

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1 "Professional judgment" means the exercise of a

2 physician's independent clinical judgment in providing

3 medically appropriate diagnoses, care, and treatment to a

4 particular patient at a particular time. Situations in which an

5 employing entity does not interfere with an employed

6 physician's professional judgment include, without limitation,

7 the following:

8 (1) practice restrictions based upon peer review of the

9 physician's clinical practice to assess quality of care and

10 utilization of resources in accordance with applicable

11 bylaws;

12 (2) supervision of physicians by appropriately

13 licensed medical directors, medical school faculty,

14 department chairpersons or directors, or supervising

15 physicians;

16 (3) written statements of ethical or religious

17 directives; and

18 (4) reasonable referral restrictions that do not, in

19 the reasonable professional judgment of the physician,

20 adversely affect the health or welfare of the patient.

21 (c) Private enforcement. An employed physician aggrieved

22 by a violation of this Act may seek to obtain an injunction or

23 reinstatement of employment with the employing entity as the

24 court may deem appropriate. Nothing in this Section limits or

25 abrogates any common law cause of action. Nothing in this

26 Section shall be deemed to alter the law of negligence.

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1 (d) Department enforcement. The Department may enforce the

2 provisions of this Section, but nothing in this Section shall

3 require or permit the Department to license, certify, or

4 otherwise investigate the activities of a hospital affiliate

5 not otherwise required to be licensed by the Department.

6 (e) Retaliation prohibited. No employing entity shall

7 retaliate against any employed physician for requesting a

8 hearing or review under this Section. No action may be taken

9 that affects the ability of a physician to practice during this

10 review, except in circumstances where the medical staff bylaws

11 authorize summary suspension.

12 (f) Physician collaboration. No employing entity shall

13 adopt or enforce, either formally or informally, any policy,

14 rule, regulation, or practice inconsistent with the provision

15 of adequate collaboration, including medical direction of

16 licensed advanced practice registerednurses or supervision of

17 licensed physician assistants and delegation to other

18 personnel under Section 54.5 of the Medical Practice Act of

19 1987.

20 (g) Physician disciplinary actions. Nothing in this

21 Section shall be construed to limit or prohibit the governing

22 body of an employing entity or its medical staff, if any, from

23 taking disciplinary actions against a physician as permitted by

24 law.

25 (h) Physician review. Nothing in this Section shall be

26 construed to prohibit a hospital or hospital affiliate from

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1 making a determination not to pay for a particular health care

2 service or to prohibit a medical group, independent practice

3 association, hospital medical staff, or hospital governing

4 body from enforcing reasonable peer review or utilization

5 review protocols or determining whether the employed physician

6 complied with those protocols.

7 (i) Review. Nothing in this Section may be used or

8 construed to establish that any activity of a hospital or

9 hospital affiliate is subject to review under the Illinois

10 Health Facilities Planning Act.

11 (j) Rules. The Department shall adopt any rules necessary

12 to implement this Section.

13 (Source: P.A. 92-455, eff. 9-30-01; revised 10-26-16.)

14 (210 ILCS 85/10.9)

15 Sec. 10.9. Nurse mandated overtime prohibited.

16 (a) Definitions. As used in this Section:

17 "Mandated overtime" means work that is required by the

18 hospital in excess of an agreed-to, predetermined work shift.

19 Time spent by nurses required to be available as a condition of

20 employment in specialized units, such as surgical nursing

21 services, shall not be counted or considered in calculating the

22 amount of time worked for the purpose of applying the

23 prohibition against mandated overtime under subsection (b).

24 "Nurse" means any advanced practice registered nurse,

25 registered professional nurse, or licensed practical nurse, as

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1 defined in the Nurse Practice Act, who receives an hourly wage

2 and has direct responsibility to oversee or carry out nursing

3 care. For the purposes of this Section, "advanced practice

4 registered nurse" does not include a certified registered nurse

5 anesthetist who is primarily engaged in performing the duties

6 of a nurse anesthetist.

7 "Unforeseen emergent circumstance" means (i) any declared

8 national, State, or municipal disaster or other catastrophic

9 event, or any implementation of a hospital's disaster plan,

10 that will substantially affect or increase the need for health

11 care services or (ii) any circumstance in which patient care

12 needs require specialized nursing skills through the

13 completion of a procedure. An "unforeseen emergent

14 circumstance" does not include situations in which the hospital

15 fails to have enough nursing staff to meet the usual and

16 reasonably predictable nursing needs of its patients.

17 (b) Mandated overtime prohibited. No nurse may be required

18 to work mandated overtime except in the case of an unforeseen

19 emergent circumstance when such overtime is required only as a

20 last resort. Such mandated overtime shall not exceed 4 hours

21 beyond an agreed-to, predetermined work shift.

22 (c) Off-duty period. When a nurse is mandated to work up to

23 12 consecutive hours, the nurse must be allowed at least 8

24 consecutive hours of off-duty time immediately following the

25 completion of a shift.

26 (d) Retaliation prohibited. No hospital may discipline,

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1 discharge, or take any other adverse employment action against

2 a nurse solely because the nurse refused to work mandated

3 overtime as prohibited under subsection (b).

4 (e) Violations. Any employee of a hospital that is subject

5 to this Act may file a complaint with the Department of Public

6 Health regarding an alleged violation of this Section. The

7 complaint must be filed within 45 days following the occurrence

8 of the incident giving rise to the alleged violation. The

9 Department must forward notification of the alleged violation

10 to the hospital in question within 3 business days after the

11 complaint is filed. Upon receiving a complaint of a violation

12 of this Section, the Department may take any action authorized

13 under Section 7 or 9 of this Act.

14 (f) Proof of violation. Any violation of this Section must

15 be proved by clear and convincing evidence that a nurse was

16 required to work overtime against his or her will. The hospital

17 may defeat the claim of a violation by presenting clear and

18 convincing evidence that an unforeseen emergent circumstance,

19 which required overtime work, existed at the time the employee

20 was required or compelled to work.

21 (Source: P.A. 94-349, eff. 7-28-05; 95-639, eff. 10-5-07.)

22 Section 140. The Illinois Insurance Code is amended by

23 changing Section 356g.5 as follows:

24 (215 ILCS 5/356g.5)

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1 Sec. 356g.5. Clinical breast exam.

2 (a) The General Assembly finds that clinical breast

3 examinations are a critical tool in the early detection of

4 breast cancer, while the disease is in its earlier and

5 potentially more treatable stages. Insurer reimbursement of

6 clinical breast examinations is essential to the effort to

7 reduce breast cancer deaths in Illinois.

8 (b) Every insurer shall provide, in each group or

9 individual policy, contract, or certificate of accident or

10 health insurance issued or renewed for persons who are

11 residents of Illinois, coverage for complete and thorough

12 clinical breast examinations as indicated by guidelines of

13 practice, performed by a physician licensed to practice

14 medicine in all its branches, a licensed advanced practice

15 registered nurse, or a licensed physician assistant, to check

16 for lumps and other changes for the purpose of early detection

17 and prevention of breast cancer as follows:

18 (1) at least every 3 years for women at least 20 years

19 of age but less than 40 years of age; and

20 (2) annually for women 40 years of age or older.

21 (c) Upon approval of a nationally recognized separate and

22 distinct clinical breast exam code that is compliant with all

23 State and federal laws, rules, and regulations, public and

24 private insurance plans shall take action to cover clinical

25 breast exams on a separate and distinct basis.

26 (Source: P.A. 99-173, eff. 7-29-15.)

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1 Section 145. The Illinois Dental Practice Act is amended by

2 changing Sections 4 and 8.1 as follows:

3 (225 ILCS 25/4) (from Ch. 111, par. 2304)

4 (Section scheduled to be repealed on January 1, 2026)

5 Sec. 4. Definitions. As used 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 "Department" means the Department of Financial and

14 Professional Regulation.

15 "Secretary" means the Secretary of Financial and

16 Professional Regulation.

17 "Board" means the Board of Dentistry.

18 "Dentist" means a person who has received a general license

19 pursuant to paragraph (a) of Section 11 of this Act and who may

20 perform any intraoral and extraoral procedure required in the

21 practice of dentistry and to whom is reserved the

22 responsibilities specified in Section 17.

23 "Dental hygienist" means a person who holds a license under

24 this Act to perform dental services as authorized by Section

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1 18.

2 "Dental assistant" means an appropriately trained person

3 who, under the supervision of a dentist, provides dental

4 services as authorized by Section 17.

5 "Dental laboratory" means a person, firm or corporation

6 which:

7 (i) engages in making, providing, repairing or

8 altering dental prosthetic appliances and other artificial

9 materials and devices which are returned to a dentist for

10 insertion into the human oral cavity or which come in

11 contact with its adjacent structures and tissues; and

12 (ii) utilizes or employs a dental technician to provide

13 such services; and

14 (iii) performs such functions only for a dentist or

15 dentists.

16 "Supervision" means supervision of a dental hygienist or a

17 dental assistant requiring that a dentist authorize the

18 procedure, remain in the dental facility while the procedure is

19 performed, and approve the work performed by the dental

20 hygienist or dental assistant before dismissal of the patient,

21 but does not mean that the dentist must be present at all times

22 in the treatment room.

23 "General supervision" means supervision of a dental

24 hygienist requiring that the patient be a patient of record,

25 that the dentist examine the patient in accordance with Section

26 18 prior to treatment by the dental hygienist, and that the

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1 dentist authorize the procedures which are being carried out by

2 a notation in the patient's record, but not requiring that a

3 dentist be present when the authorized procedures are being

4 performed. The issuance of a prescription to a dental

5 laboratory by a dentist does not constitute general

6 supervision.

7 "Public member" means a person who is not a health

8 professional. For purposes of board membership, any person with

9 a significant financial interest in a health service or

10 profession is not a public member.

11 "Dentistry" means the healing art which is concerned with

12 the examination, diagnosis, treatment planning and care of

13 conditions within the human oral cavity and its adjacent

14 tissues and structures, as further specified in Section 17.

15 "Branches of dentistry" means the various specialties of

16 dentistry which, for purposes of this Act, shall be limited to

17 the following: endodontics, oral and maxillofacial surgery,

18 orthodontics and dentofacial orthopedics, pediatric dentistry,

19 periodontics, prosthodontics, and oral and maxillofacial

20 radiology.

21 "Specialist" means a dentist who has received a specialty

22 license pursuant to Section 11(b).

23 "Dental technician" means a person who owns, operates or is

24 employed by a dental laboratory and engages in making,

25 providing, repairing or altering dental prosthetic appliances

26 and other artificial materials and devices which are returned

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1 to a dentist for insertion into the human oral cavity or which

2 come in contact with its adjacent structures and tissues.

3 "Impaired dentist" or "impaired dental hygienist" means a

4 dentist or dental hygienist who is unable to practice with

5 reasonable skill and safety because of a physical or mental

6 disability as evidenced by a written determination or written

7 consent based on clinical evidence, including deterioration

8 through the aging process, loss of motor skills, abuse of drugs

9 or alcohol, or a psychiatric disorder, of sufficient degree to

10 diminish the person's ability to deliver competent patient

11 care.

12 "Nurse" means a registered professional nurse, a certified

13 registered nurse anesthetist licensed as an advanced practice

14 registerednurse, or a licensed practical nurse licensed under

15 the Nurse Practice Act.

16 "Patient of record" means a patient for whom the patient's

17 most recent dentist has obtained a relevant medical and dental

18 history and on whom the dentist has performed an examination

19 and evaluated the condition to be treated.

20 "Dental responder" means a dentist or dental hygienist who

21 is appropriately certified in disaster preparedness,

22 immunizations, and dental humanitarian medical response

23 consistent with the Society of Disaster Medicine and Public

24 Health and training certified by the National Incident

25 Management System or the National Disaster Life Support

26 Foundation.

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1 "Mobile dental van or portable dental unit" means any

2 self-contained or portable dental unit in which dentistry is

3 practiced that can be moved, towed, or transported from one

4 location to another in order to establish a location where

5 dental services can be provided.

6 "Public health dental hygienist" means a hygienist who

7 holds a valid license to practice in the State, has 2 years of

8 full-time clinical experience or an equivalent of 4,000 hours

9 of clinical experience and has completed at least 42 clock

10 hours of additional structured courses in dental education

11 approved by rule by the Department in advanced areas specific

12 to public health dentistry, including, but not limited to,

13 emergency procedures for medically compromised patients,

14 pharmacology, medical recordkeeping procedures, geriatric

15 dentistry, pediatric dentistry, pathology, and other areas of

16 study as determined by the Department, and works in a public

17 health setting pursuant to a written public health supervision

18 agreement as defined by rule by the Department with a dentist

19 working in or contracted with a local or State government

20 agency or institution or who is providing services as part of a

21 certified school-based program or school-based oral health

22 program.

23 "Public health setting" means a federally qualified health

24 center; a federal, State, or local public health facility; Head

25 Start; a special supplemental nutrition program for Women,

26 Infants, and Children (WIC) facility; or a certified

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1 school-based health center or school-based oral health

2 program.

3 "Public health supervision" means the supervision of a

4 public health dental hygienist by a licensed dentist who has a

5 written public health supervision agreement with that public

6 health dental hygienist while working in an approved facility

7 or program that allows the public health dental hygienist to

8 treat patients, without a dentist first examining the patient

9 and being present in the facility during treatment, (1) who are

10 eligible for Medicaid or (2) who are uninsured and whose

11 household income is not greater than 200% of the federal

12 poverty level.

13 (Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15;

14 99-680, eff. 1-1-17.)

15 (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)

16 (Section scheduled to be repealed on January 1, 2026)

17 Sec. 8.1. Permit for the administration of anesthesia and

18 sedation.

19 (a) No licensed dentist shall administer general

20 anesthesia, deep sedation, or conscious sedation without first

21 applying for and obtaining a permit for such purpose from the

22 Department. The Department shall issue such permit only after

23 ascertaining that the applicant possesses the minimum

24 qualifications necessary to protect public safety. A person

25 with a dental degree who administers anesthesia, deep sedation,

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1 or conscious sedation in an approved hospital training program

2 under the supervision of either a licensed dentist holding such

3 permit or a physician licensed to practice medicine in all its

4 branches shall not be required to obtain such permit.

5 (b) In determining the minimum permit qualifications that

6 are necessary to protect public safety, the Department, by

7 rule, shall:

8 (1) establish the minimum educational and training

9 requirements necessary for a dentist to be issued an

10 appropriate permit;

11 (2) establish the standards for properly equipped

12 dental facilities (other than licensed hospitals and

13 ambulatory surgical treatment centers) in which general

14 anesthesia, deep sedation, or conscious sedation is

15 administered, as necessary to protect public safety;

16 (3) establish minimum requirements for all persons who

17 assist the dentist in the administration of general

18 anesthesia, deep sedation, or conscious sedation,

19 including minimum training requirements for each member of

20 the dental team, monitoring requirements, recordkeeping

21 requirements, and emergency procedures; ~~and~~

22 (4) ensure that the dentist and all persons assisting

23 the dentist or monitoring the administration of general

24 anesthesia, deep sedation, or conscious sedation maintain

25 current certification in Basic Life Support (BLS); and ~~.~~

26 (5) establish continuing education requirements in

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1 sedation techniques for dentists who possess a permit under

2 this Section.

3 When establishing requirements under this Section, the

4 Department shall consider the current American Dental

5 Association guidelines on sedation and general anesthesia, the

6 current "Guidelines for Monitoring and Management of Pediatric

7 Patients During and After Sedation for Diagnostic and

8 Therapeutic Procedures" established by the American Academy of

9 Pediatrics and the American Academy of Pediatric Dentistry, and

10 the current parameters of care and Office Anesthesia Evaluation

11 (OAE) Manual established by the American Association of Oral

12 and Maxillofacial Surgeons.

13 (c) A licensed dentist must hold an appropriate permit

14 issued under this Section in order to perform dentistry while a

15 nurse anesthetist administers conscious sedation, and a valid

16 written collaborative agreement must exist between the dentist

17 and the nurse anesthetist, in accordance with the Nurse

18 Practice Act.

19 A licensed dentist must hold an appropriate permit issued

20 under this Section in order to perform dentistry while a nurse

21 anesthetist administers deep sedation or general anesthesia,

22 and a valid written collaborative agreement must exist between

23 the dentist and the nurse anesthetist, in accordance with the

24 Nurse Practice Act.

25 For the purposes of this subsection (c), "nurse

26 anesthetist" means a licensed certified registered nurse

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1 anesthetist who holds a license as an advanced practice

2 registerednurse.

3 (Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328,

4 eff. 8-11-09; revised 10-27-16.)

5 Section 150. The Health Care Worker Self-Referral Act is

6 amended by changing Section 15 as follows:

7 (225 ILCS 47/15)

8 Sec. 15. Definitions. In this Act:

9 (a) "Board" means the Health Facilities and Services Review

10 Board.

11 (b) "Entity" means any individual, partnership, firm,

12 corporation, or other business that provides health services

13 but does not include an individual who is a health care worker

14 who provides professional services to an individual.

15 (c) "Group practice" means a group of 2 or more health care

16 workers legally organized as a partnership, professional

17 corporation, not-for-profit corporation, faculty practice plan

18 or a similar association in which:

19 (1) each health care worker who is a member or employee

20 or an independent contractor of the group provides

21 substantially the full range of services that the health

22 care worker routinely provides, including consultation,

23 diagnosis, or treatment, through the use of office space,

24 facilities, equipment, or personnel of the group;

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1 (2) the services of the health care workers are

2 provided through the group, and payments received for

3 health services are treated as receipts of the group; and

4 (3) the overhead expenses and the income from the

5 practice are distributed by methods previously determined

6 by the group.

7 (d) "Health care worker" means any individual licensed

8 under the laws of this State to provide health services,

9 including but not limited to: dentists licensed under the

10 Illinois Dental Practice Act; dental hygienists licensed under

11 the Illinois Dental Practice Act; nurses and advanced practice

12 registerednurses licensed under the Nurse Practice Act;

13 occupational therapists licensed under the Illinois

14 Occupational Therapy Practice Act; optometrists licensed under

15 the Illinois Optometric Practice Act of 1987; pharmacists

16 licensed under the Pharmacy Practice Act; physical therapists

17 licensed under the Illinois Physical Therapy Act; physicians

18 licensed under the Medical Practice Act of 1987; physician

19 assistants licensed under the Physician Assistant Practice Act

20 of 1987; podiatric physicians licensed under the Podiatric

21 Medical Practice Act of 1987; clinical psychologists licensed

22 under the Clinical Psychologist Licensing Act; clinical social

23 workers licensed under the Clinical Social Work and Social Work

24 Practice Act; speech-language pathologists and audiologists

25 licensed under the Illinois Speech-Language Pathology and

26 Audiology Practice Act; or hearing instrument dispensers

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1 licensed under the Hearing Instrument Consumer Protection Act,

2 or any of their successor Acts.

3 (e) "Health services" means health care procedures and

4 services provided by or through a health care worker.

5 (f) "Immediate family member" means a health care worker's

6 spouse, child, child's spouse, or a parent.

7 (g) "Investment interest" means an equity or debt security

8 issued by an entity, including, without limitation, shares of

9 stock in a corporation, units or other interests in a

10 partnership, bonds, debentures, notes, or other equity

11 interests or debt instruments except that investment interest

12 for purposes of Section 20 does not include interest in a

13 hospital licensed under the laws of the State of Illinois.

14 (h) "Investor" means an individual or entity directly or

15 indirectly owning a legal or beneficial ownership or investment

16 interest, (such as through an immediate family member, trust,

17 or another entity related to the investor).

18 (i) "Office practice" includes the facility or facilities

19 at which a health care worker, on an ongoing basis, provides or

20 supervises the provision of professional health services to

21 individuals.

22 (j) "Referral" means any referral of a patient for health

23 services, including, without limitation:

24 (1) The forwarding of a patient by one health care

25 worker to another health care worker or to an entity

26 outside the health care worker's office practice or group

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1 practice that provides health services.

2 (2) The request or establishment by a health care

3 worker of a plan of care outside the health care worker's

4 office practice or group practice that includes the

5 provision of any health services.

6 (Source: P.A. 98-214, eff. 8-9-13.)

7 Section 155. The Medical Practice Act of 1987 is amended by

8 changing Sections 8.1, 22, 54.2, and 54.5 as follows:

9 (225 ILCS 60/8.1)

10 (Section scheduled to be repealed on December 31, 2017)

11 Sec. 8.1. Matters concerning advanced practice registered

12 nurses. Any proposed rules, amendments, second notice

13 materials and adopted rule or amendment materials, and policy

14 statements concerning advanced practice registered nurses

15 shall be presented to the Licensing Board for review and

16 comment. The recommendations of both the Board of Nursing and

17 the Licensing Board shall be presented to the Secretary for

18 consideration in making final decisions. Whenever the Board of

19 Nursing and the Licensing Board disagree on a proposed rule or

20 policy, the Secretary shall convene a joint meeting of the

21 officers of each Board to discuss the resolution of any such

22 disagreements.

23 (Source: P.A. 97-622, eff. 11-23-11.)

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1 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)

2 (Section scheduled to be repealed on December 31, 2017)

3 Sec. 22. Disciplinary action.

4 (A) The Department may revoke, suspend, place on probation,

5 reprimand, refuse to issue or renew, or take any other

6 disciplinary or non-disciplinary action as the Department may

7 deem proper with regard to the license or permit of any person

8 issued under this Act, including imposing fines not to exceed

9 $10,000 for each violation, upon any of the following grounds:

10 (1) Performance of an elective abortion in any place,

11 locale, facility, or institution other than:

12 (a) a facility licensed pursuant to the Ambulatory

13 Surgical Treatment Center Act;

14 (b) an institution licensed under the Hospital

15 Licensing Act;

16 (c) an ambulatory surgical treatment center or

17 hospitalization or care facility maintained by the

18 State or any agency thereof, where such department or

19 agency has authority under law to establish and enforce

20 standards for the ambulatory surgical treatment

21 centers, hospitalization, or care facilities under its

22 management and control;

23 (d) ambulatory surgical treatment centers,

24 hospitalization or care facilities maintained by the

25 Federal Government; or

26 (e) ambulatory surgical treatment centers,

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1 hospitalization or care facilities maintained by any

2 university or college established under the laws of

3 this State and supported principally by public funds

4 raised by taxation.

5 (2) Performance of an abortion procedure in a wilful

6 and wanton manner on a woman who was not pregnant at the

7 time the abortion procedure was performed.

8 (3) A plea of guilty or nolo contendere, finding of

9 guilt, jury verdict, or entry of judgment or sentencing,

10 including, but not limited to, convictions, preceding

11 sentences of supervision, conditional discharge, or first

12 offender probation, under the laws of any jurisdiction of

13 the United States of any crime that is a felony.

14 (4) Gross negligence in practice under this Act.

15 (5) Engaging in dishonorable, unethical or

16 unprofessional conduct of a character likely to deceive,

17 defraud or harm the public.

18 (6) Obtaining any fee by fraud, deceit, or

19 misrepresentation.

20 (7) Habitual or excessive use or abuse of drugs defined

21 in law as controlled substances, of alcohol, or of any

22 other substances which results in the inability to practice

23 with reasonable judgment, skill or safety.

24 (8) Practicing under a false or, except as provided by

25 law, an assumed name.

26 (9) Fraud or misrepresentation in applying for, or

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1 procuring, a license under this Act or in connection with

2 applying for renewal of a license under this Act.

3 (10) Making a false or misleading statement regarding

4 their skill or the efficacy or value of the medicine,

5 treatment, or remedy prescribed by them at their direction

6 in the treatment of any disease or other condition of the

7 body or mind.

8 (11) Allowing another person or organization to use

9 their license, procured under this Act, to practice.

10 (12) Adverse action taken by another state or

11 jurisdiction against a license or other authorization to

12 practice as a medical doctor, doctor of osteopathy, doctor

13 of osteopathic medicine or doctor of chiropractic, a

14 certified copy of the record of the action taken by the

15 other state or jurisdiction being prima facie evidence

16 thereof. This includes any adverse action taken by a State

17 or federal agency that prohibits a medical doctor, doctor

18 of osteopathy, doctor of osteopathic medicine, or doctor of

19 chiropractic from providing services to the agency's

20 participants.

21 (13) Violation of any provision of this Act or of the

22 Medical Practice Act prior to the repeal of that Act, or

23 violation of the rules, or a final administrative action of

24 the Secretary, after consideration of the recommendation

25 of the Disciplinary Board.

26 (14) Violation of the prohibition against fee

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1 splitting in Section 22.2 of this Act.

2 (15) A finding by the Disciplinary Board that the

3 registrant after having his or her license placed on

4 probationary status or subjected to conditions or

5 restrictions violated the terms of the probation or failed

6 to comply with such terms or conditions.

7 (16) Abandonment of a patient.

8 (17) Prescribing, selling, administering,

9 distributing, giving or self-administering any drug

10 classified as a controlled substance (designated product)

11 or narcotic for other than medically accepted therapeutic

12 purposes.

13 (18) Promotion of the sale of drugs, devices,

14 appliances or goods provided for a patient in such manner

15 as to exploit the patient for financial gain of the

16 physician.

17 (19) Offering, undertaking or agreeing to cure or treat

18 disease by a secret method, procedure, treatment or

19 medicine, or the treating, operating or prescribing for any

20 human condition by a method, means or procedure which the

21 licensee refuses to divulge upon demand of the Department.

22 (20) Immoral conduct in the commission of any act

23 including, but not limited to, commission of an act of

24 sexual misconduct related to the licensee's practice.

25 (21) Wilfully making or filing false records or reports

26 in his or her practice as a physician, including, but not

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1 limited to, false records to support claims against the

2 medical assistance program of the Department of Healthcare

3 and Family Services (formerly Department of Public Aid)

4 under the Illinois Public Aid Code.

5 (22) Wilful omission to file or record, or wilfully

6 impeding the filing or recording, or inducing another

7 person to omit to file or record, medical reports as

8 required by law, or wilfully failing to report an instance

9 of suspected abuse or neglect as required by law.

10 (23) Being named as a perpetrator in an indicated

11 report by the Department of Children and Family Services

12 under the Abused and Neglected Child Reporting Act, and

13 upon proof by clear and convincing evidence that the

14 licensee has caused a child to be an abused child or

15 neglected child as defined in the Abused and Neglected

16 Child Reporting Act.

17 (24) Solicitation of professional patronage by any

18 corporation, agents or persons, or profiting from those

19 representing themselves to be agents of the licensee.

20 (25) Gross and wilful and continued overcharging for

21 professional services, including filing false statements

22 for collection of fees for which services are not rendered,

23 including, but not limited to, filing such false statements

24 for collection of monies for services not rendered from 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 (26) A pattern of practice or other behavior which

3 demonstrates incapacity or incompetence to practice under

4 this Act.

5 (27) Mental illness or disability which results in the

6 inability to practice under this Act with reasonable

7 judgment, skill or safety.

8 (28) Physical illness, including, but not limited to,

9 deterioration through the aging process, or loss of motor

10 skill which results in a physician's inability to practice

11 under this Act with reasonable judgment, skill or safety.

12 (29) Cheating on or attempt to subvert the licensing

13 examinations administered under this Act.

14 (30) Wilfully or negligently violating the

15 confidentiality between physician and patient except as

16 required by law.

17 (31) The use of any false, fraudulent, or deceptive

18 statement in any document connected with practice under

19 this Act.

20 (32) Aiding and abetting an individual not licensed

21 under this Act in the practice of a profession licensed

22 under this Act.

23 (33) Violating state or federal laws or regulations

24 relating to controlled substances, legend drugs, or

25 ephedra as defined in the Ephedra Prohibition Act.

26 (34) Failure to report to the Department any adverse

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1 final action taken against them by another licensing

2 jurisdiction (any other state or any territory of the

3 United States or any foreign state or country), by any peer

4 review body, by any health care institution, by any

5 professional society or association related to practice

6 under this Act, by any governmental agency, by any law

7 enforcement agency, or by any court for acts or conduct

8 similar to acts or conduct which would constitute grounds

9 for action as defined in this Section.

10 (35) Failure to report to the Department surrender of a

11 license or authorization to practice as a medical doctor, a

12 doctor of osteopathy, a doctor of osteopathic medicine, or

13 doctor of chiropractic in another state or jurisdiction, or

14 surrender of membership on any medical staff or in any

15 medical or professional association or society, while

16 under disciplinary investigation by any of those

17 authorities or bodies, for acts or conduct similar to acts

18 or conduct which would constitute grounds for action as

19 defined in this Section.

20 (36) Failure to report to the Department any adverse

21 judgment, settlement, or award arising from a liability

22 claim related to acts or conduct similar to acts or conduct

23 which would constitute grounds for action as defined in

24 this Section.

25 (37) Failure to provide copies of medical records as

26 required by law.

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1 (38) Failure to furnish the Department, its

2 investigators or representatives, relevant information,

3 legally requested by the Department after consultation

4 with the Chief Medical Coordinator or the Deputy Medical

5 Coordinator.

6 (39) Violating the Health Care Worker Self-Referral

7 Act.

8 (40) Willful failure to provide notice when notice is

9 required under the Parental Notice of Abortion Act of 1995.

10 (41) Failure to establish and maintain records of

11 patient care and treatment as required by this law.

12 (42) Entering into an excessive number of written

13 collaborative agreements with licensed advanced practice

14 registerednurses resulting in an inability to adequately

15 collaborate.

16 (43) Repeated failure to adequately collaborate with a

17 licensed advanced practice registered nurse.

18 (44) Violating the Compassionate Use of Medical

19 Cannabis Pilot Program Act.

20 (45) Entering into an excessive number of written

21 collaborative agreements with licensed prescribing

22 psychologists resulting in an inability to adequately

23 collaborate.

24 (46) Repeated failure to adequately collaborate with a

25 licensed prescribing psychologist.

26 Except for actions involving the ground numbered (26), all

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1 proceedings to suspend, revoke, place on probationary status,

2 or take any other disciplinary action as the Department may

3 deem proper, with regard to a license on any of the foregoing

4 grounds, must be commenced within 5 years next after receipt by

5 the Department of a complaint alleging the commission of or

6 notice of the conviction order for any of the acts described

7 herein. Except for the grounds numbered (8), (9), (26), and

8 (29), no action shall be commenced more than 10 years after the

9 date of the incident or act alleged to have violated this

10 Section. For actions involving the ground numbered (26), a

11 pattern of practice or other behavior includes all incidents

12 alleged to be part of the pattern of practice or other behavior

13 that occurred, or a report pursuant to Section 23 of this Act

14 received, within the 10-year period preceding the filing of the

15 complaint. In the event of the settlement of any claim or cause

16 of action in favor of the claimant or the reduction to final

17 judgment of any civil action in favor of the plaintiff, such

18 claim, cause of action or civil action being grounded on the

19 allegation that a person licensed under this Act was negligent

20 in providing care, the Department shall have an additional

21 period of 2 years from the date of notification to the

22 Department under Section 23 of this Act of such settlement or

23 final judgment in which to investigate and commence formal

24 disciplinary proceedings under Section 36 of this Act, except

25 as otherwise provided by law. The time during which the holder

26 of the license was outside the State of Illinois shall not be

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1 included within any period of time limiting the commencement of

2 disciplinary action by the Department.

3 The entry of an order or judgment by any circuit court

4 establishing that any person holding a license under this Act

5 is a person in need of mental treatment operates as a

6 suspension of that license. That person may resume their

7 practice only upon the entry of a Departmental order based upon

8 a finding by the Disciplinary Board that they have been

9 determined to be recovered from mental illness by the court and

10 upon the Disciplinary Board's recommendation that they be

11 permitted to resume their practice.

12 The Department may refuse to issue or take disciplinary

13 action concerning the license of any person who fails to file a

14 return, or to pay the tax, penalty or interest shown in a filed

15 return, or to pay any final assessment of tax, penalty or

16 interest, as required by any tax Act administered by the

17 Illinois Department of Revenue, until such time as the

18 requirements of any such tax Act are satisfied as determined by

19 the Illinois Department of Revenue.

20 The Department, upon the recommendation of the

21 Disciplinary Board, shall adopt rules which set forth standards

22 to be used in determining:

23 (a) when a person will be deemed sufficiently

24 rehabilitated to warrant the public trust;

25 (b) what constitutes dishonorable, unethical or

26 unprofessional conduct of a character likely to deceive,

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1 defraud, or harm the public;

2 (c) what constitutes immoral conduct in the commission

3 of any act, including, but not limited to, commission of an

4 act of sexual misconduct related to the licensee's

5 practice; and

6 (d) what constitutes gross negligence in the practice

7 of medicine.

8 However, no such rule shall be admissible into evidence in

9 any civil action except for review of a licensing or other

10 disciplinary action under this Act.

11 In enforcing this Section, the Disciplinary Board or the

12 Licensing Board, upon a showing of a possible violation, may

13 compel, in the case of the Disciplinary Board, any individual

14 who is licensed to practice under this Act or holds a permit to

15 practice under this Act, or, in the case of the Licensing

16 Board, any individual who has applied for licensure or a permit

17 pursuant to this Act, to submit to a mental or physical

18 examination and evaluation, or both, which may include a

19 substance abuse or sexual offender evaluation, as required by

20 the Licensing Board or Disciplinary Board and at the expense of

21 the Department. The Disciplinary Board or Licensing Board shall

22 specifically designate the examining physician licensed to

23 practice medicine in all of its branches or, if applicable, the

24 multidisciplinary team involved in providing the mental or

25 physical examination and evaluation, or both. The

26 multidisciplinary team shall be led by a physician licensed to

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1 practice medicine in all of its branches and may consist of one

2 or more or a combination of physicians licensed to practice

3 medicine in all of its branches, licensed chiropractic

4 physicians, licensed clinical psychologists, licensed clinical

5 social workers, licensed clinical professional counselors, and

6 other professional and administrative staff. Any examining

7 physician or member of the multidisciplinary team may require

8 any person ordered to submit to an examination and evaluation

9 pursuant to this Section to submit to any additional

10 supplemental testing deemed necessary to complete any

11 examination or evaluation process, including, but not limited

12 to, blood testing, urinalysis, psychological testing, or

13 neuropsychological testing. The Disciplinary Board, the

14 Licensing Board, or the Department may order the examining

15 physician or any member of the multidisciplinary team to

16 provide to the Department, the Disciplinary Board, or the

17 Licensing Board any and all records, including business

18 records, that relate to the examination and evaluation,

19 including any supplemental testing performed. The Disciplinary

20 Board, the Licensing Board, or the Department may order the

21 examining physician or any member of the multidisciplinary team

22 to present testimony concerning this examination and

23 evaluation of the licensee, permit holder, or applicant,

24 including testimony concerning any supplemental testing or

25 documents relating to the examination and evaluation. No

26 information, report, record, or other documents in any way

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1 related to the examination and evaluation shall be excluded by

2 reason of any common law or statutory privilege relating to

3 communication between the licensee, permit holder, or

4 applicant and the examining physician or any member of the

5 multidisciplinary team. No authorization is necessary from the

6 licensee, permit holder, or applicant ordered to undergo an

7 evaluation and examination for the examining physician or any

8 member of the multidisciplinary team to provide information,

9 reports, records, or other documents or to provide any

10 testimony regarding the examination and evaluation. The

11 individual to be examined may have, at his or her own expense,

12 another physician of his or her choice present during all

13 aspects of the examination. Failure of any individual to submit

14 to mental or physical examination and evaluation, or both, when

15 directed, shall result in an automatic suspension, without

16 hearing, until such time as the individual submits to the

17 examination. If the Disciplinary Board or Licensing Board finds

18 a physician unable to practice following an examination and

19 evaluation because of the reasons set forth in this Section,

20 the Disciplinary Board or Licensing Board shall require such

21 physician to submit to care, counseling, or treatment by

22 physicians, or other health care professionals, approved or

23 designated by the Disciplinary Board, as a condition for

24 issued, continued, reinstated, or renewed licensure to

25 practice. Any physician, whose license was granted pursuant to

26 Sections 9, 17, or 19 of this Act, or, continued, reinstated,

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1 renewed, disciplined or supervised, subject to such terms,

2 conditions or restrictions who shall fail to comply with such

3 terms, conditions or restrictions, or to complete a required

4 program of care, counseling, or treatment, as determined by the

5 Chief Medical Coordinator or Deputy Medical Coordinators,

6 shall be referred to the Secretary for a determination as to

7 whether the licensee shall have their license suspended

8 immediately, pending a hearing by the Disciplinary Board. In

9 instances in which the Secretary immediately suspends a license

10 under this Section, a hearing upon such person's license must

11 be convened by the Disciplinary Board within 15 days after such

12 suspension and completed without appreciable delay. The

13 Disciplinary Board shall have the authority to review the

14 subject physician's record of treatment and counseling

15 regarding the impairment, to the extent permitted by applicable

16 federal statutes and regulations safeguarding the

17 confidentiality of medical records.

18 An individual licensed under this Act, affected under this

19 Section, shall be afforded an opportunity to demonstrate to the

20 Disciplinary Board that they can resume practice in compliance

21 with acceptable and prevailing standards under the provisions

22 of their license.

23 The Department may promulgate rules for the imposition of

24 fines in disciplinary cases, not to exceed $10,000 for each

25 violation of this Act. Fines may be imposed in conjunction with

26 other forms of disciplinary action, but shall not be the

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1 exclusive disposition of any disciplinary action arising out of

2 conduct resulting in death or injury to a patient. Any funds

3 collected from such fines shall be deposited in the Illinois

4 State Medical Disciplinary Fund.

5 All fines imposed under this Section shall be paid within

6 60 days after the effective date of the order imposing the fine

7 or in accordance with the terms set forth in the order imposing

8 the fine.

9 (B) The Department shall revoke the license or permit

10 issued under this Act to practice medicine or a chiropractic

11 physician who has been convicted a second time of committing

12 any felony under the Illinois Controlled Substances Act or the

13 Methamphetamine Control and Community Protection Act, or who

14 has been convicted a second time of committing a Class 1 felony

15 under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A

16 person whose license or permit is revoked under this subsection

17 B shall be prohibited from practicing medicine or treating

18 human ailments without the use of drugs and without operative

19 surgery.

20 (C) The Department shall not revoke, suspend, place on

21 probation, reprimand, refuse to issue or renew, or take any

22 other disciplinary or non-disciplinary action against the

23 license or permit issued under this Act to practice medicine to

24 a physician based solely upon the recommendation of the

25 physician to an eligible patient regarding, or prescription

26 for, or treatment with, an investigational drug, biological

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1 product, or device.

2 (D) The Disciplinary Board shall recommend to the

3 Department civil penalties and any other appropriate

4 discipline in disciplinary cases when the Board finds that a

5 physician willfully performed an abortion with actual

6 knowledge that the person upon whom the abortion has been

7 performed is a minor or an incompetent person without notice as

8 required under the Parental Notice of Abortion Act of 1995.

9 Upon the Board's recommendation, the Department shall impose,

10 for the first violation, a civil penalty of $1,000 and for a

11 second or subsequent violation, a civil penalty of $5,000.

12 (Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;

13 98-1140, eff. 12-30-14; 99-270, eff. 1-1-16; 99-933, eff.

14 1-27-17.)

15 (225 ILCS 60/54.2)

16 (Section scheduled to be repealed on December 31, 2017)

17 Sec. 54.2. Physician delegation of authority.

18 (a) Nothing in this Act shall be construed to limit the

19 delegation of patient care tasks or duties by a physician, to a

20 licensed practical nurse, a registered professional nurse, or

21 other licensed person practicing within the scope of his or her

22 individual licensing Act. Delegation by a physician licensed to

23 practice medicine in all its branches to physician assistants

24 or advanced practice registered nurses is also addressed in

25 Section 54.5 of this Act. No physician may delegate any patient

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1 care task or duty that is statutorily or by rule mandated to be

2 performed by a physician.

3 (b) In an office or practice setting and within a

4 physician-patient relationship, a physician may delegate

5 patient care tasks or duties to an unlicensed person who

6 possesses appropriate training and experience provided a

7 health care professional, who is practicing within the scope of

8 such licensed professional's individual licensing Act, is on

9 site to provide assistance.

10 (c) Any such patient care task or duty delegated to a

11 licensed or unlicensed person must be within the scope of

12 practice, education, training, or experience of the delegating

13 physician and within the context of a physician-patient

14 relationship.

15 (d) Nothing in this Section shall be construed to affect

16 referrals for professional services required by law.

17 (e) The Department shall have the authority to promulgate

18 rules concerning a physician's delegation, including but not

19 limited to, the use of light emitting devices for patient care

20 or treatment.

21 (f) Nothing in this Act shall be construed to limit the

22 method of delegation that may be authorized by any means,

23 including, but not limited to, oral, written, electronic,

24 standing orders, protocols, guidelines, or verbal orders.

25 (Source: P.A. 96-618, eff. 1-1-10; 97-622, eff. 11-23-11.)

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1 (225 ILCS 60/54.5)

2 (Section scheduled to be repealed on December 31, 2017)

3 Sec. 54.5. Physician delegation of authority to physician

4 assistants, advanced practice registered nurses, and

5 prescribing psychologists.

6 (a) Physicians licensed to practice medicine in all its

7 branches may delegate care and treatment responsibilities to a

8 physician assistant under guidelines in accordance with the

9 requirements of the Physician Assistant Practice Act of 1987. A

10 physician licensed to practice medicine in all its branches may

11 enter into supervising physician agreements with no more than 5

12 physician assistants as set forth in subsection (a) of Section

13 7 of the Physician Assistant Practice Act of 1987.

14 (b) A physician licensed to practice medicine in all its

15 branches in active clinical practice may collaborate with an

16 advanced practice registerednurse in accordance with the

17 requirements of the Nurse Practice Act. Collaboration is for

18 the purpose of providing medical consultation, and no

19 employment relationship is required. A written collaborative

20 agreement shall conform to the requirements of Section 65-35 of

21 the Nurse Practice Act. The written collaborative agreement

22 shall be for services in the same area of practice or specialty

23 as the collaborating physician in his or her clinical medical

24 practice. A written collaborative agreement shall be adequate

25 with respect to collaboration with advanced practice

26 registered nurses if all of the following apply:

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1 (1) The agreement is written to promote the exercise of

2 professional judgment by the advanced practice registered

3 nurse commensurate with his or her education and

4 experience.

5 (2) The advanced ~~advance~~ practice registered nurse

6 provides services based upon a written collaborative

7 agreement with the collaborating physician, except as set

8 forth in subsection (b-5) of this Section. With respect to

9 labor and delivery, the collaborating physician must

10 provide delivery services in order to participate with a

11 certified nurse midwife.

12 (3) Methods of communication are available with the

13 collaborating physician in person or through

14 telecommunications for consultation, collaboration, and

15 referral as needed to address patient care needs.

16 (b-5) An anesthesiologist or physician licensed to

17 practice medicine in all its branches may collaborate with a

18 certified registered nurse anesthetist in accordance with

19 Section 65-35 of the Nurse Practice Act for the provision of

20 anesthesia services. With respect to the provision of

21 anesthesia services, the collaborating anesthesiologist or

22 physician shall have training and experience in the delivery of

23 anesthesia services consistent with Department rules.

24 Collaboration shall be adequate if:

25 (1) an anesthesiologist or a physician participates in

26 the joint formulation and joint approval of orders or

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1 guidelines and periodically reviews such orders and the

2 services provided patients under such orders; and

3 (2) for anesthesia services, the anesthesiologist or

4 physician participates through discussion of and agreement

5 with the anesthesia plan and is physically present and

6 available on the premises during the delivery of anesthesia

7 services for diagnosis, consultation, and treatment of

8 emergency medical conditions. Anesthesia services in a

9 hospital shall be conducted in accordance with Section 10.7

10 of the Hospital Licensing Act and in an ambulatory surgical

11 treatment center in accordance with Section 6.5 of the

12 Ambulatory Surgical Treatment Center Act.

13 (b-10) The anesthesiologist or operating physician must

14 agree with the anesthesia plan prior to the delivery of

15 services.

16 (c) The supervising physician shall have access to the

17 medical records of all patients attended by a physician

18 assistant. The collaborating physician shall have access to the

19 medical records of all patients attended to by an advanced

20 practice registered nurse.

21 (d) (Blank).

22 (e) A physician shall not be liable for the acts or

23 omissions of a prescribing psychologist, physician assistant,

24 or advanced practice registerednurse solely on the basis of

25 having signed a supervision agreement or guidelines or a

26 collaborative agreement, an order, a standing medical order, a

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1 standing delegation order, or other order or guideline

2 authorizing a prescribing psychologist, physician assistant,

3 or advanced practice registerednurse to perform acts, unless

4 the physician has reason to believe the prescribing

5 psychologist, physician assistant, or advanced practice

6 registerednurse lacked the competency to perform the act or

7 acts or commits willful and wanton misconduct.

8 (f) A collaborating physician may, but is not required to,

9 delegate prescriptive authority to an advanced practice

10 registered nurse as part of a written collaborative agreement,

11 and the delegation of prescriptive authority shall conform to

12 the requirements of Section 65-40 of the Nurse Practice Act.

13 (g) A supervising physician may, but is not required to,

14 delegate prescriptive authority to a physician assistant as

15 part of a written supervision agreement, and the delegation of

16 prescriptive authority shall conform to the requirements of

17 Section 7.5 of the Physician Assistant Practice Act of 1987.

18 (h) (Blank).

19 (i) A collaborating physician shall delegate prescriptive

20 authority to a prescribing psychologist as part of a written

21 collaborative agreement, and the delegation of prescriptive

22 authority shall conform to the requirements of Section 4.3 of

23 the Clinical Psychologist Licensing Act.

24 (Source: P.A. 98-192, eff. 1-1-14; 98-668, eff. 6-25-14;

25 99-173, eff. 7-29-15.)

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1 Section 160. The Nurse Practice Act is amended by changing

2 Sections 50-10, 50-15, 50-20, 50-50, 50-55, 50-60, 50-65,

3 50-70, 50-75, 55-10, 55-20, 55-30, 60-5, 60-10, 60-25, 60-35,

4 65-5, 65-10, 65-15, 65-20, 65-25, 65-30, 65-35, 65-35.1, 65-40,

5 65-45, 65-50, 65-55, 65-65, 70-5, 70-10, 70-20, 70-35, 70-40,

6 70-50, 70-60, 70-75, 70-80, 70-85, 70-100, 70-140, 70-145,

7 70-160, 75-10, 75-15, 75-20, 80-15, and 80-35 and the heading

8 of Articles 65 and 75 and by adding Sections 50-13, 50-26,

9 55-11, 60-11, 70-81, and 70-103 as follows:

10 (225 ILCS 65/50-10) (was 225 ILCS 65/5-10)

11 (Section scheduled to be repealed on January 1, 2018)

12 Sec. 50-10. Definitions. Each of the following terms, when

13 used in this Act, shall have the meaning ascribed to it in this

14 Section, except where the context clearly indicates otherwise:

15 "Academic year" means the customary annual schedule of

16 courses at a college, university, or approved school,

17 customarily regarded as the school year as distinguished from

18 the calendar year.

19 "Address of record" means the designated address recorded

20 by the Department in the applicant's or licensee's application

21 file or license file as maintained by the Department's

22 licensure maintenance unit.

23 "Advanced practice registered nurse" or "APRN" ~~"APN"~~ means

24 a person who has met the qualifications for a (i) certified

25 nurse midwife (CNM); (ii) certified nurse practitioner (CNP);

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1 (iii) certified registered nurse anesthetist (CRNA); or (iv)

2 clinical nurse specialist (CNS) and has been licensed by the

3 Department. All advanced practice registered nurses licensed

4 and practicing in the State of Illinois shall use the title

5 APRN ~~APN~~ and may use specialty credentials CNM, CNP, CRNA, or

6 CNS after their name. All advanced practice registered nurses

7 may only practice in accordance with national certification and

8 this Act.

9 "Advisory Board" means the Illinois Nursing Workforce

10 Center Advisory Board.

11 "Approved program of professional nursing education" and

12 "approved program of practical nursing education" are programs

13 of professional or practical nursing, respectively, approved

14 by the Department under the provisions of this Act.

15 "Board" means the Board of Nursing appointed by the

16 Secretary.

17 "Center" means the Illinois Nursing Workforce Center.

18 "Collaboration" means a process involving 2 or more health

19 care professionals working together, each contributing one's

20 respective area of expertise to provide more comprehensive

21 patient care.

22 "Competence" means an expected and measurable level of

23 performance that integrates knowledge, skills, abilities, and

24 judgment based on established scientific knowledge and

25 expectations for nursing practice.

26 "Consultation" means the process whereby an advanced

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1 practice registered nurse seeks the advice or opinion of

2 another health care professional.

3 "Credentialed" means the process of assessing and

4 validating the qualifications of a health care professional.

5 ~~"Current nursing practice update course" means a planned~~

6 ~~nursing education curriculum approved by the Department~~

7 ~~consisting of activities that have educational objectives,~~

8 ~~instructional methods, content or subject matter, clinical~~

9 ~~practice, and evaluation methods, related to basic review and~~

10 ~~updating content and specifically planned for those nurses~~

11 ~~previously licensed in the United States or its territories and~~

12 ~~preparing for reentry into nursing practice.~~

13 "Dentist" means a person licensed to practice dentistry

14 under the Illinois Dental Practice Act.

15 "Department" means the Department of Financial and

16 Professional Regulation.

17 "Email address of record" means the designated email

18 address recorded by the Department in the applicant's

19 application file or the licensee's license file, as maintained

20 by the Department's licensure maintenance unit.

21 "Focused nursing assessment" means an appraisal of an

22 individual's status and current situation, contributing to the

23 comprehensive assessment by the registered professional nurse,

24 advanced practice registered nurse, physician assistant,

25 physician, dentist, podiatric physician, or other licensed

26 health care professional, as determined by the Department,

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1 supporting ongoing data collection, and deciding who needs to

2 be informed of the information and when to inform.

3 "Hospital affiliate" means a corporation, partnership,

4 joint venture, limited liability company, or similar

5 organization, other than a hospital, that is devoted primarily

6 to the provision, management, or support of health care

7 services and that directly or indirectly controls, is

8 controlled by, or is under common control of the hospital. For

9 the purposes of this definition, "control" means having at

10 least an equal or a majority ownership or membership interest.

11 A hospital affiliate shall be 100% owned or controlled by any

12 combination of hospitals, their parent corporations, or

13 physicians licensed to practice medicine in all its branches in

14 Illinois. "Hospital affiliate" does not include a health

15 maintenance organization regulated under the Health

16 Maintenance Organization Act.

17 "Impaired nurse" means a nurse licensed under this Act who

18 is unable to practice with reasonable skill and safety because

19 of a physical or mental disability as evidenced by a written

20 determination or written consent based on clinical evidence,

21 including loss of motor skills, abuse of drugs or alcohol, or a

22 psychiatric disorder, of sufficient degree to diminish his or

23 her ability to deliver competent patient care.

24 "License-pending advanced practice registered nurse" means

25 a registered professional nurse who has completed all

26 requirements for licensure as an advanced practice registered

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1 nurse except the certification examination and has applied to

2 take the next available certification exam and received a

3 temporary permit ~~license~~ from the Department.

4 "License-pending registered nurse" means a person who has

5 passed the Department-approved registered nurse licensure exam

6 and has applied for a license from the Department. A

7 license-pending registered nurse shall use the title "RN lic

8 pend" on all documentation related to nursing practice.

9 "Monitoring" means an active process in which the

10 registered professional nurse or advanced practice registered

11 nurse directs, guides, and evaluates the outcomes of a nursing

12 intervention as a component of patient care coordination. The

13 monitoring process may occur in person, by phone, in writing,

14 or by electronic telecommunication.

15 "Nursing intervention" means any treatment based on

16 clinical nursing judgment or knowledge that a nurse performs.

17 "Physician" means a person licensed to practice medicine in

18 all its branches under the Medical Practice Act of 1987.

19 "Podiatric physician" means a person licensed to practice

20 podiatry under the Podiatric Medical Practice Act of 1987.

21 "Practical nurse" or "licensed practical nurse" means a

22 person who is licensed as a practical nurse under this Act and

23 practices practical nursing as defined in this Act. Only a

24 practical nurse licensed under this Act is entitled to use the

25 title "licensed practical nurse" and the abbreviation

26 "L.P.N.".

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1 "Practical nursing" means the performance of nursing

2 interventions ~~acts~~ requiring the ~~basic~~ nursing knowledge,

3 judgment, and skill acquired by means of completion of an

4 approved practical nursing education program. Practical

5 nursing includes assisting in the nursing process at the

6 direction of ~~as delegated~~ by a registered professional nurse or

7 an advanced practice registerednurse. The practical nurse may

8 work under the direction of a licensed physician, dentist,

9 podiatric physician, or other health care professional

10 determined by the Department.

11 "Privileged" means the authorization granted by the

12 governing body of a healthcare facility, agency, or

13 organization to provide specific patient care services within

14 well-defined limits, based on qualifications reviewed in the

15 credentialing process.

16 "Registered Nurse" or "Registered Professional Nurse"

17 means a person who is licensed as a professional nurse under

18 this Act and practices nursing as defined in this Act. Only a

19 registered nurse licensed under this Act is entitled to use the

20 titles "registered nurse" and "registered professional nurse"

21 and the abbreviation, "R.N.".

22 "Registered professional nursing practice" means a

23 scientific process founded on a professional body of knowledge

24 that includes, but is not limited to, the protection,

25 promotion, and optimization of health and abilities,

26 prevention of illness and injury, facilitation of nursing

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1 interventions to alleviate suffering through care coordination

2 and advocacy in the care of individuals, families, groups,

3 communities, and populations. "Registered professional nursing

4 practice" does not include the act of medical diagnosis or

5 prescription of medical therapeutic or corrective measures. ~~is~~

6 ~~a scientific process founded on a professional body of~~

7 ~~knowledge; it is a learned profession based on the~~

8 ~~understanding of the human condition across the life span and~~

9 ~~environment and includes all nursing specialties and means the~~

10 ~~performance of any nursing act based upon professional~~

11 ~~knowledge, judgment, and skills acquired by means of completion~~

12 ~~of an approved professional nursing education program. A~~

13 ~~registered professional nurse provides holistic nursing care~~

14 ~~through the nursing process to individuals, groups, families,~~

15 ~~or communities, that includes but is not limited to: (1) the~~

16 ~~assessment of healthcare needs, nursing diagnosis, planning,~~

17 ~~implementation, and nursing evaluation; (2) the promotion,~~

18 ~~maintenance, and restoration of health; (3) counseling,~~

19 ~~patient education, health education, and patient advocacy; (4)~~

20 ~~the administration of medications and treatments as prescribed~~

21 ~~by a physician licensed to practice medicine in all of its~~

22 ~~branches, a licensed dentist, a licensed podiatric physician,~~

23 ~~or a licensed optometrist or as prescribed by a physician~~

24 ~~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,

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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

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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 Statesjurisdiction 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

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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

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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

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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;

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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

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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;

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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 activities or tasks as authorized under this Act; and

19 (19) Otherwise intentionally violate any provision of

20 this Act.

21 (b) Any person, including a firm, association, or

22 corporation who violates any provision of this Section shall be

23 guilty of a Class A misdemeanor.

24 (Source: P.A. 95-639, eff. 10-5-07.)

25 (225 ILCS 65/50-55) (was 225 ILCS 65/10-10)

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1 (Section scheduled to be repealed on January 1, 2018)

2 Sec. 50-55. Department powers and duties. Subject to the

3 provisions of this Act, the ~~(a) The~~ Department is authorized to

4 ~~shall~~ exercise the following functions, powers, and duties:

5 ~~prescribed by the Civil Administrative Code of Illinois for~~

6 ~~administration of licensing acts and shall exercise other~~

7 ~~powers and duties necessary for effectuating the purpose of~~

8 ~~this Act. None of the functions, powers, or duties of the~~

9 ~~Department with respect to licensure and examination shall be~~

10 ~~exercised by the Department except upon review by the Board.~~

11 (1) Conduct or authorize examinations to ascertain the

12 fitness and qualifications of applicants for all licenses

13 governed by this Act, pass upon the qualifications of

14 applicants for licenses, and issue licenses to applicants

15 found to be fit and qualified.

16 (2) Adopt ~~The Department shall adopt~~ rules required for

17 the administration ~~to implement, interpret, or make~~

18 ~~specific the provisions and purposes~~ of this Act, in

19 consultation with ~~; however no such rules shall be adopted~~

20 ~~by the Department except upon review by~~ the Board where

21 necessary.

22 (3) Prescribe rules for a method of examination of

23 candidates.

24 (4) Prescribe rules defining what constitutes an

25 approved program, school, college, or department of a

26 university, except that no program, school, college, or

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1 department of a university that refuses admittance to

2 applicants solely on account of race, color, creed, sex, or

3 national origin shall be approved.

4 (5) Conduct hearings on proceedings to revoke or

5 suspend licenses or on objection to the issuance of

6 licenses and to revoke, suspend, or refuse to issue such

7 licenses.

8 (6) Prepare ~~(b) The Department shall prepare~~ and

9 maintain a list of approved programs of professional

10 nursing education and programs of practical nursing

11 education in this State, whose graduates, if they have the

12 other necessary qualifications provided in this Act, shall

13 be eligible to apply for a license to practice nursing in

14 this State.

15 (7) Act ~~(c) The Department may act~~ upon the

16 recommendations of the Board of Nursing and the Illinois

17 Nursing Workforce Center ~~for Nursing~~Advisory Board.

18 (8) Exercise the powers and duties prescribed by the

19 Civil Administrative Code of Illinois for the

20 administration of licensing Acts.

21 (Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)

22 (225 ILCS 65/50-60) (was 225 ILCS 65/10-15)

23 (Section scheduled to be repealed on January 1, 2018)

24 Sec. 50-60. Nursing Coordinator~~; Assistant Nursing~~

25 ~~Coordinator~~. The Secretary shall appoint, pursuant to the

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1 Personnel Code, a Nursing Coordinator~~and an Assistant Nursing~~

2 ~~Coordinator~~. The Nursing Coordinator~~and Assistant Nursing~~

3 ~~Coordinator~~shall bea registered professional nurse ~~nurses~~

4 licensed in this State whohas ~~have~~ graduated from an approved

5 school of nursing and holds ~~hold~~at least a master's degree in

6 nursing from an accredited college or university.

7 (Source: P.A. 95-639, eff. 10-5-07.)

8 (225 ILCS 65/50-65) (was 225 ILCS 65/10-25)

9 (Section scheduled to be repealed on January 1, 2018)

10 Sec. 50-65. Board.

11 (a) The ~~The term of each member of the Board of Nursing and~~

12 ~~the Advanced Practice Nursing Board serving before the~~

13 ~~effective date of this amendatory Act of the 95th General~~

14 ~~Assembly shall terminate on the effective date of this~~

15 ~~amendatory Act of the 95th General Assembly. Beginning on the~~

16 ~~effective date of this amendatory Act of the 95th General~~

17 ~~Assembly, the~~ Secretary shall solicit recommendations from

18 nursing organizations and appoint the Board of Nursing, which

19 shall consist of 13 members, one of whom shall be a practical

20 nurse; one of whom shall be a practical nurse educator; one of

21 whom shall be a registered professional nurse in practice; one

22 of whom shall be an associate degree nurse educator; one of

23 whom shall be a baccalaureate degree nurse educator; one of

24 whom shall be a nurse who is actively engaged in direct care;

25 one of whom shall be a registered professional nurse actively

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1 engaged in direct care; one of whom shall be a nursing

2 administrator; 4 of whom shall be advanced practice registered

3 nurses representing CNS, CNP, CNM, and CRNA practice; and one

4 of whom shall be a public member who is not employed in and has

5 no material interest in any health care field. The Board shall

6 receive actual and necessary expenses incurred in the

7 performance of their duties.

8 ~~Members of the Board of Nursing and the Advanced Practice~~

9 ~~Nursing Board whose terms were terminated by this amendatory~~

10 ~~Act of the 95th General Assembly shall be considered for~~

11 ~~membership positions on the Board.~~

12 All nursing members of the Board must be (i) residents of

13 this State, (ii) licensed in good standing to practice nursing

14 in this State, (iii) graduates of an approved nursing program,

15 with a minimum of 5 years' ~~years~~ experience in the field of

16 nursing, and (iv) at the time of appointment to the Board,

17 actively engaged in nursing or work related to nursing.

18 Membership terms shall be for 3 years, except that in

19 making initial appointments, the Secretary shall appoint all

20 members for initial terms of 2, 3, and 4 years and these terms

21 shall be staggered as follows: 3 shall be appointed for terms

22 of 2 years; 4 shall be appointed for terms of 3 years; and 6

23 shall be appointed for terms of 4 years. No member shall be

24 appointed to more than 2 consecutive terms. In the case of a

25 vacated position, an individual may be appointed to serve the

26 unexpired portion of that term; if the term is less than half

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1 of a full term, the individual is eligible to serve 2 full

2 terms.

3 The Secretary may remove any member of the Board for

4 misconduct, incapacity, or neglect of duty. The Secretary shall

5 reduce to writing any causes for removal.

6 The Board shall meet annually to elect a chairperson and

7 vice chairperson. The Board shall hold regularly scheduled

8 meetings during the year. A simple majority of the Board shall

9 constitute a quorum at any meeting. Any action taken by the

10 Board must be on the affirmative vote of a simple majority of

11 members. Voting by proxy shall not be permitted. In the case of

12 an emergency where all Board members cannot meet in person, the

13 Board may convene a meeting via an electronic format in

14 accordance with the Open Meetings Act.

15 (b) The Board may perform each of the following activities:

16 (1) Recommend to the Department the adoption and the

17 revision of rules necessary for the administration of this

18 Act;

19 (2) Recommend the approval, denial of approval,

20 withdrawal of approval, or discipline of nursing education

21 programs;

22 (c) The Board shall participate in disciplinary

23 conferences and hearings and make recommendations to the

24 Department regarding disciplinary action taken against a

25 licensee as provided under this Act. Disciplinary conference

26 hearings and proceedings regarding scope of practice issues

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1 shall be conducted by a Board member at the same or higher

2 licensure level as the respondent. Participation in an informal

3 conference shall not bar members of the Board from future

4 participation or decisions relating to that matter.

5 (d) (Blank). ~~With the exception of emergency rules, any~~

6 ~~proposed rules, amendments, second notice materials, and~~

7 ~~adopted rule or amendment materials or policy statements~~

8 ~~concerning advanced practice nurses shall be presented to the~~

9 ~~Medical Licensing Board for review and comment. The~~

10 ~~recommendations of both the Board of Nursing and the Medical~~

11 ~~Licensing Board shall be presented to the Secretary for~~

12 ~~consideration in making final decisions. Whenever the Board of~~

13 ~~Nursing and Medical Licensing Board disagree on a proposed rule~~

14 ~~or policy, the Secretary shall convene a joint meeting of the~~

15 ~~officers of each Board to discuss resolution of any~~

16 ~~disagreements.~~

17 (Source: P.A. 95-639, eff. 10-5-07.)

18 (225 ILCS 65/50-70) (was 225 ILCS 65/10-35)

19 (Section scheduled to be repealed on January 1, 2018)

20 Sec. 50-70. Concurrent theory and clinical practice

21 education requirements of this Act.The educational

22 requirements of Sections 55-10 and 60-10 of this Act relating

23 to registered professional nursing and licensed practical

24 nursing shall not be deemed to have been satisfied by the

25 completion of ~~any correspondence course or~~ any program of

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1 nursing that does not require coordinated or concurrent theory

2 and clinical practice. The Department may, upon recommendation

3 of the Board, grant an Illinois license to those applicants who

4 have received advanced graduate degrees in nursing from an

5 approved program with concurrent theory and clinical practice

6 or to those applicants who are currently licensed in another

7 state and have been actively practicing clinical nursing for a

8 minimum of 2 years.

9 (Source: P.A. 95-639, eff. 10-5-07.)

10 (225 ILCS 65/50-75)

11 (Section scheduled to be repealed on January 1, 2018)

12 Sec. 50-75. Nursing delegation.

13 (a) For the purposes of this Section:

14 "Delegation" means transferring to a specific ~~an~~

15 individual the authority to perform a specific nursing

16 intervention in a specific ~~selected nursing activity or task,~~

17 ~~in a selected~~ situation.

18 "Predictability of outcomes" means that a registered

19 professional nurse or advanced practice registered nurse has

20 determined that the patient's or individual's clinical status

21 is stable and expected to improve or the patient's or

22 individual's deteriorating condition is expected to follow a

23 known or expected course.

24 "Stability" means a registered professional nurse or

25 advanced practice registered nurse has determined that the

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1 individual's clinical status and nursing care needs are

2 consistent.

3 ~~"Nursing activity" means any work requiring the use of~~

4 ~~knowledge acquired by completion of an approved program for~~

5 ~~licensure, including advanced education, continuing education,~~

6 ~~and experience as a licensed practical nurse or professional~~

7 ~~nurse, as defined by the Department by rule.~~

8 ~~"Task" means work not requiring nursing knowledge,~~

9 ~~judgment, or decision-making, as defined by the Department by~~

10 ~~rule.~~

11 (b) This Section authorizes a registered professional

12 nurse or advanced practice registered nurse to:

13 (1) delegate nursing interventions based on overall

14 patient assessment that includes, but is not limited to:

15 (A) the stability and condition of the patient;

16 (B) the potential for harm;

17 (C) the complexity of the nursing intervention to

18 be delegated;

19 (D) the predictability of outcomes; and

20 (E) competency of the individual to whom the

21 nursing intervention is delegated;

22 (2) delegate medication administration to other

23 licensed nurses or unlicensed personnel in community-based

24 or in-home care settings if all the conditions for

25 delegation set forth in this Section are met; or

26 (3) refuse to delegate, stop, or rescind a previously

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1 authorized delegation. ~~Nursing shall be practiced by~~

2 ~~licensed practical nurses, registered professional nurses,~~

3 ~~and advanced practice nurses. In the delivery of nursing~~

4 ~~care, nurses work with many other licensed professionals~~

5 ~~and other persons. An advanced practice nurse may delegate~~

6 ~~to registered professional nurses, licensed practical~~

7 ~~nurses, and others persons.~~

8 (c) This Section prohibits the following:

9 (1) An individual or entity from mandating that a

10 registered professional nurse or advanced practice nurse

11 delegate nursing interventions if the registered nurse or

12 advanced practice registered nurse determines it is

13 inappropriate to do so. Nurses shall not be subject to

14 disciplinary or any other adverse action for refusing to

15 delegate a nursing intervention based on patient safety.

16 (2) The delegation of medication administration to

17 unlicensed personnel in any institutional or long-term

18 facility, including, but not limited to, those facilities

19 licensed by the Hospital Licensing Act, the University of

20 Illinois Hospital Act, State-operated mental health

21 hospitals, or State-operated developmental centers, except

22 as authorized under Article 80 of this Act or otherwise

23 specifically authorized by law.

24 (3) A registered professional nurse or advanced

25 practice registered nurse from delegating nursing

26 judgment, comprehensive patient assessment, development of

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1 a plan of care, and the evaluation of care to licensed or

2 unlicensed personnel.

3 (4) A licensed practical nurse or unlicensed personnel

4 who has been delegated a nursing intervention from

5 re-delegating a nursing intervention. ~~A registered~~

6 ~~professional nurse shall not delegate any nursing activity~~

7 ~~requiring the specialized knowledge, judgment, and skill~~

8 ~~of a licensed nurse to an unlicensed person, including~~

9 ~~medication administration. A registered professional nurse~~

10 ~~may delegate nursing activities to other registered~~

11 ~~professional nurses or licensed practical nurses.~~

12 ~~A registered nurse may delegate tasks to other licensed and~~

13 ~~unlicensed persons. A licensed practical nurse who has been~~

14 ~~delegated a nursing activity shall not re-delegate the nursing~~

15 ~~activity. A registered professional nurse or advanced practice~~

16 ~~nurse retains the right to refuse to delegate or to stop or~~

17 ~~rescind a previously authorized delegation.~~

18 (Source: P.A. 95-639, eff. 10-5-07.)

19 (225 ILCS 65/55-10) (was 225 ILCS 65/10-30)

20 (Section scheduled to be repealed on January 1, 2018)

21 Sec. 55-10. LPN licensure by examination ~~Qualifications~~

22 ~~for LPN licensure~~.

23 (a) Each applicant who successfully meets the requirements

24 of this Section is eligible for~~shall be entitled to~~ licensure

25 as a licensed practical nurse ~~Licensed Practical Nurse~~.

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1 (b) An applicant for licensure by examination to practice

2 as a practical nurse is eligible for licensure when the

3 following requirements are met ~~must do each of the following~~:

4 (1) the applicant has submitted ~~Submit~~ a completed

5 written application~~,~~on forms provided by the Department

6 and fees as established by the Department; ~~.~~

7 (2) the applicant has ~~Have~~ graduated from a practical

8 nursing education program approved by the Department or

9 have been granted a certificate of completion of

10 pre-licensure requirements from another United States

11 jurisdiction; ~~.~~

12 (3) the applicant has successfully completed

13 ~~Successfully complete~~ a licensure examination approved by

14 the Department; ~~.~~

15 (4) (blank); ~~Have not violated the provisions of this~~

16 ~~Act concerning the grounds for disciplinary action. The~~

17 ~~Department may take into consideration any felony~~

18 ~~conviction of the applicant, but such a conviction shall~~

19 ~~not operate as an absolute bar to licensure.~~

20 (5) the applicant has submitted ~~Submit~~ to the criminal

21 history records check required under Section 50-35 of this

22 Act; ~~.~~

23 (6) the applicant has submitted ~~Submit~~ either to the

24 Department or its designated testing service, a fee

25 covering the cost of providing the examination. Failure to

26 appear for the examination on the scheduled date at the

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1 time and place specified after the applicant's application

2 for examination has been received and acknowledged by the

3 Department or the designated testing service shall result

4 in the forfeiture of the examination fee; and ~~.~~

5 (7) the applicant has met ~~Meet~~ all other requirements

6 established by rule.

7 ~~An applicant for licensure by examination may take the~~

8 ~~Department-approved examination in another jurisdiction.~~

9 (b-5) If an applicant for licensure by examination

10 neglects, fails, or refuses to take an examination or fails to

11 pass an examination for a license under this Act within 3 years

12 of the date of initial application ~~after filing the~~

13 ~~application~~, the application shall be denied. When an

14 applicant's application is denied due to the failure to pass

15 the examination within the 3-year period, that applicant must

16 undertake an additional course of education as defined by rule

17 prior to submitting a new application for licensure. Any new

18 application must be accompanied by the required fee, evidence

19 of meeting the requirements in force at the time of the new

20 application, and evidence of completion of the additional

21 course of education prescribed by rule. ~~The applicant must~~

22 ~~enroll in and complete an approved practical nursing education~~

23 ~~program prior to submitting an additional application for the~~

24 ~~licensure exam.~~

25 An applicant may take and successfully complete a

26 Department-approved examination in another jurisdiction.

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1 However, an applicant who has never been licensed previously in

2 any jurisdiction that utilizes a Department-approved

3 examination and who has taken and failed to pass the

4 examination within 3 years after filing the application must

5 submit proof of successful completion of a

6 Department-authorized nursing education program or

7 recompletion of an approved licensed practical nursing program

8 prior to re-application.

9 (c) An applicant for licensure by examination shall have

10 one year from the date of notification of successful completion

11 of the examination to apply to the Department for a license. If

12 an applicant fails to apply within one year, the applicant

13 shall be required to retake and pass the examination unless

14 licensed in another jurisdiction of the United States.

15 (d) A licensed practical nurse applicant who passes the

16 Department-approved licensure examination and has applied to

17 the Department for licensure may obtain employment as a

18 license-pending practical nurse and practice as delegated by a

19 registered professional nurse or an advanced practice

20 registered nurse or physician. An individual may be employed as

21 a license-pending practical nurse if all of the following

22 criteria are met:

23 (1) He or she has completed and passed the

24 Department-approved licensure exam and presents to the

25 employer the official written notification indicating

26 successful passage of the licensure examination.

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1 (2) He or she has completed and submitted to the

2 Department an application for licensure under this Section

3 as a practical nurse.

4 (3) He or she has submitted the required licensure fee.

5 (4) He or she has met all other requirements

6 established by rule, including having submitted to a

7 criminal history records check.

8 (e) The privilege to practice as a license-pending

9 practical nurse shall terminate with the occurrence of any of

10 the following:

11 (1) Three months have passed since the official date of

12 passing the licensure exam as inscribed on the formal

13 written notification indicating passage of the exam. This

14 3-month period may be extended as determined by rule.

15 (2) Receipt of the practical nurse license from the

16 Department.

17 (3) Notification from the Department that the

18 application for licensure has been denied.

19 (4) A request by the Department that the individual

20 terminate practicing as a license-pending practical nurse

21 until an official decision is made by the Department to

22 grant or deny a practical nurse license.

23 (f) (Blank). ~~An applicant for licensure by endorsement who~~

24 ~~is a licensed practical nurse licensed by examination under the~~

25 ~~laws of another state or territory of the United States or a~~

26 ~~foreign country, jurisdiction, territory, or province must do~~

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1 ~~each of the following:~~

2 ~~(1) Submit a completed written application, on forms~~

3 ~~supplied by the Department, and fees as established by the~~

4 ~~Department.~~

5 ~~(2) Have graduated from a practical nursing education~~

6 ~~program approved by the Department.~~

7 ~~(3) Submit verification of licensure status directly~~

8 ~~from the United States jurisdiction of licensure, if~~

9 ~~applicable, as defined by rule.~~

10 ~~(4) Submit to the criminal history records check~~

11 ~~required under Section 50-35 of this Act.~~

12 ~~(5) Meet all other requirements as established by the~~

13 ~~Department by rule.~~

14 (g) All applicants for practical nurse licensure by

15 examination ~~or endorsement~~who are graduates of nursing

16 educational programs in a country other than the United States

17 or its territories shall have their nursing education

18 credentials evaluated by a Department-approved nursing

19 credentialing evaluation service. No such applicant may be

20 issued a license under this Act unless the applicant's program

21 is deemed by the nursing credentialing evaluation service to be

22 equivalent to a professional nursing education program

23 approved by the Department. An applicant who has graduated from

24 a nursing educational program outside of the United States or

25 its territories and whose first language is not English shall

26 submit evidence of English proficiency ~~certification of~~

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1 ~~passage of the Test of English as a Foreign Language (TOEFL)~~,

2 as defined by rule. ~~The Department may, upon recommendation~~

3 ~~from the nursing evaluation service, waive the requirement that~~

4 ~~the applicant pass the TOEFL examination if the applicant~~

5 ~~submits verification of the successful completion of a nursing~~

6 ~~education program conducted in English. The requirements of~~

7 ~~this subsection (d) may be satisfied by the showing of proof of~~

8 ~~a certificate from the Certificate Program or the VisaScreen~~

9 ~~Program of the Commission on Graduates of Foreign Nursing~~

10 ~~Schools.~~

11 (h) (Blank). ~~An applicant licensed in another state or~~

12 ~~territory who is applying for licensure and has received her or~~

13 ~~his education in a country other than the United States or its~~

14 ~~territories shall have her or his nursing education credentials~~

15 ~~evaluated by a Department-approved nursing credentialing~~

16 ~~evaluation service. No such applicant may be issued a license~~

17 ~~under this Act unless the applicant's program is deemed by the~~

18 ~~nursing credentialing evaluation service to be equivalent to a~~

19 ~~professional nursing education program approved by the~~

20 ~~Department. An applicant who has graduated from a nursing~~

21 ~~educational program outside of the United States or its~~

22 ~~territories and whose first language is not English shall~~

23 ~~submit certification of passage of the Test of English as a~~

24 ~~Foreign Language (TOEFL), as defined by rule. The Department~~

25 ~~may, upon recommendation from the nursing evaluation service,~~

26 ~~waive the requirement that the applicant pass the TOEFL~~

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1 ~~examination if the applicant submits verification of the~~

2 ~~successful completion of a nursing education program conducted~~

3 ~~in English or the successful passage of an approved licensing~~

4 ~~examination given in English. The requirements of this~~

5 ~~subsection (d-5) may be satisfied by the showing of proof of a~~

6 ~~certificate from the Certificate Program or the VisaScreen~~

7 ~~Program of the Commission on Graduates of Foreign Nursing~~

8 ~~Schools.~~

9 (i) (Blank). ~~A licensed practical nurse who holds an~~

10 ~~unencumbered license in good standing in another United States~~

11 ~~jurisdiction and who has applied for practical nurse licensure~~

12 ~~under this Act by endorsement may be issued a temporary~~

13 ~~license, if satisfactory proof of such licensure in another~~

14 ~~jurisdiction is presented to the Department. The Department~~

15 ~~shall not issue an applicant a temporary practical nurse~~

16 ~~license until it is satisfied that the applicant holds an~~

17 ~~active, unencumbered license in good standing in another~~

18 ~~jurisdiction. If the applicant holds more than one current~~

19 ~~active license or one or more active temporary licenses from~~

20 ~~another jurisdiction, the Department may not issue a temporary~~

21 ~~license until the Department is satisfied that each current~~

22 ~~active license held by the applicant is unencumbered. The~~

23 ~~temporary license, which shall be issued no later than 14~~

24 ~~working days following receipt by the Department of an~~

25 ~~application for the temporary license, shall be granted upon~~

26 ~~the submission of all of the following to the Department:~~

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1 ~~(1) A completed application for licensure as a~~

2 ~~practical nurse.~~

3 ~~(2) Proof of a current, active license in at least one~~

4 ~~other jurisdiction of the United States and proof that each~~

5 ~~current active license or temporary license held by the~~

6 ~~applicant within the last 5 years is unencumbered.~~

7 ~~(3) A signed and completed application for a temporary~~

8 ~~license.~~

9 ~~(4) The required temporary license fee.~~

10 (j) (Blank). ~~The Department may refuse to issue an~~

11 ~~applicant a temporary license authorized pursuant to this~~

12 ~~Section if, within 14 working days following its receipt of an~~

13 ~~application for a temporary license, the Department determines~~

14 ~~that:~~

15 ~~(1) the applicant has been convicted of a crime under~~

16 ~~the laws of a 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) the applicant has had a license or permit related~~

20 ~~to the practice of practical nursing revoked, suspended, or~~

21 ~~placed on probation by another jurisdiction within the last~~

22 ~~5 years and at least one of the grounds for revoking,~~

23 ~~suspending, or placing on probation is the same or~~

24 ~~substantially equivalent to grounds in Illinois; or~~

25 ~~(3) the Department intends to deny licensure by~~

26 ~~endorsement.~~

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1 (k) (Blank). ~~The Department may revoke a temporary license~~

2 ~~issued pursuant to this Section if it determines any of the~~

3 ~~following:~~

4 ~~(1) That the applicant has been convicted of a crime~~

5 ~~under the law of any jurisdiction of the United States that~~

6 ~~is (i) a felony or (ii) a misdemeanor directly related to~~

7 ~~the practice of the profession, within the last 5 years.~~

8 ~~(2) That within the last 5 years the applicant has had~~

9 ~~a 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.~~

15 ~~(3) That the Department intends to deny licensure by~~

16 ~~endorsement.~~

17 (l) (Blank). ~~A temporary license shall expire 6 months from~~

18 ~~the date of issuance. Further renewal may be granted by the~~

19 ~~Department in hardship cases, as defined by rule and upon~~

20 ~~approval of the Secretary. However, a temporary license shall~~

21 ~~automatically expire upon issuance of a valid license under~~

22 ~~this Act or upon notification that the Department intends to~~

23 ~~deny licensure, whichever occurs first.~~

24 (m) All applicants for practical nurse licensure have 3

25 years from 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 from 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 (Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;

5 95-639, eff. 10-5-07.)

6 (225 ILCS 65/55-11 new)

7 Sec. 55-11. LPN licensure by endorsement.

8 (a) Each applicant who successfully meets the requirements

9 of this Section is eligible for licensure as a licensed

10 practical nurse.

11 (b) An applicant for licensure by endorsement who is a

12 licensed practical nurse licensed by examination under the laws

13 of another United States jurisdiction or a foreign jurisdiction

14 is eligible for licensure when the following requirements are

15 met:

16 (1) the applicant has submitted a completed written

17 application on forms supplied by the Department and fees as

18 established by the Department;

19 (2) the applicant has graduated from a practical

20 nursing education program approved by the Department;

21 (3) the applicant has been issued an LPN license by

22 another United States or foreign jurisdiction, which shall

23 be verified, as defined by rule;

24 (4) the applicant has submitted to the criminal history

25 records check required under Section 50-35 of this Act; and

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1 (5) the applicant has met all other requirements as

2 established by the Department by rule.

3 (c) An applicant licensed in another state or territory who

4 is applying for licensure and has received her or his education

5 in a country other than the United States or its territories

6 shall have her or his nursing education credentials evaluated

7 by a Department-approved nursing credentialing evaluation

8 service. No such applicant may be issued a license under this

9 Act unless the applicant's program is deemed by the nursing

10 credentialing evaluation service to be equivalent to a

11 professional nursing education program approved by the

12 Department. An applicant who has graduated from a nursing

13 education program outside of the United States or its

14 territories and whose first language is not English shall

15 submit evidence of English proficiency, as defined by rule.

16 (d) A licensed practical nurse who holds an unencumbered

17 license in good standing in another United States jurisdiction

18 and who has applied for practical nurse licensure under this

19 Act by endorsement may be issued a temporary permit if

20 satisfactory proof of such licensure in another jurisdiction is

21 presented to the Department. The Department shall not issue an

22 applicant a temporary practical nurse permit until it is

23 satisfied that the applicant holds an active, unencumbered

24 license in good standing in another jurisdiction. If the

25 applicant holds more than one current active license or one or

26 more active temporary permits from another jurisdiction, the

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1 Department may not issue a temporary permit until the

2 Department is satisfied that each current active license held

3 by the applicant is unencumbered. The temporary permit, which

4 shall be issued no later than 14 working days following receipt

5 by the Department of an application for the temporary permit,

6 shall be granted upon the submission of all of the following to

7 the Department:

8 (1) a completed application for licensure as a

9 practical nurse;

10 (2) proof of a current, active license in at least one

11 other jurisdiction of the United States and proof that each

12 current active license or temporary permit held by the

13 applicant within the last 5 years is unencumbered;

14 (3) a signed and completed application for a temporary

15 permit; and

16 (4) the required temporary permit fee.

17 (e) The Department may refuse to issue an applicant a

18 temporary permit authorized pursuant to this Section if, within

19 14 working days following its receipt of an application for a

20 temporary permit, the Department determines that:

21 (1) the applicant has been convicted of a crime under

22 the laws of a jurisdiction of the United States that is:

23 (i) a felony; or (ii) a misdemeanor directly related to the

24 practice of the profession, within the last 5 years;

25 (2) the applicant has had a license or permit related

26 to the practice of practical nursing revoked, suspended, or

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1 placed on probation by another jurisdiction within the last

2 5 years and at least one of the grounds for revoking,

3 suspending, or placing on probation is the same or

4 substantially equivalent to grounds in Illinois; or

5 (3) the Department intends to deny licensure by

6 endorsement.

7 (f) The Department may revoke a temporary permit issued

8 pursuant to this Section if it determines that:

9 (1) the applicant has been convicted of a crime under

10 the law of any jurisdiction of the United States that is

11 (i) a felony or (ii) a misdemeanor directly related to the

12 practice of the profession, within the last 5 years;

13 (2) within the last 5 years the applicant has had a

14 license or permit related to the practice of nursing

15 revoked, suspended, or placed on probation by another

16 jurisdiction, and at least one of the grounds for revoking,

17 suspending, or placing on probation is the same or

18 substantially equivalent to grounds for disciplinary

19 action under this Act; or

20 (3) the Department intends to deny licensure by

21 endorsement.

22 (g) A temporary permit shall expire 6 months after the date

23 of issuance. Further renewal may be granted by the Department

24 in hardship cases, as defined by rule and upon approval of the

25 Secretary. However, a temporary permit shall automatically

26 expire upon issuance of a valid license under this Act or upon

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1 notification that the Department intends to deny licensure,

2 whichever occurs first.

3 (h) All applicants for practical nurse licensure have 3

4 years after the date of application to complete the application

5 process. If the process has not been completed within 3 years

6 after the date of application, the application shall be denied,

7 the fee forfeited, and the applicant must reapply and meet the

8 requirements in effect at the time of reapplication.

9 (225 ILCS 65/55-20)

10 (Section scheduled to be repealed on January 1, 2018)

11 Sec. 55-20. Restoration of LPN license; temporary permit.

12 (a) Any license to practice practical nursing issued under

13 this Act that has expired or that is on inactive status may be

14 restored by making application to the Department and filing

15 proof of fitness acceptable to the Department, as specified by

16 rule, to have the license restored, and by paying the required

17 restoration fee. Such proof of fitness may include evidence

18 certifying active lawful practice in another jurisdiction.

19 (b) A practical nurse licensee seeking restoration of a

20 license after it has expired or been placed on inactive status

21 for more than 5 years shall file an application, on forms

22 supplied by the Department, and submit the restoration or

23 renewal fees set forth by the Department. The licensee must

24 also submit proof of fitness to practice, as specified by rule.

25 ~~, including one of the following:~~

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1 ~~(1) certification of active practice in another~~

2 ~~jurisdiction, which may include a statement from the~~

3 ~~appropriate board or licensing authority in the other~~

4 ~~jurisdiction that the licensee was authorized to practice~~

5 ~~during the term of said active practice;~~

6 ~~(2) proof of the successful completion of a~~

7 ~~Department-approved licensure examination; or~~

8 ~~(3) an affidavit attesting to military service as~~

9 ~~provided in subsection (c) of this Section; however, if~~

10 ~~application is made within 2 years after discharge and if~~

11 ~~all other provisions of subsection (c) of this Section are~~

12 ~~satisfied, the applicant shall be required to pay the~~

13 ~~current renewal fee.~~

14 (c) Notwithstanding any other provision of this Act, any

15 license to practice practical nursing issued under this Act

16 that expired while the licensee was (i) in federal service on

17 active duty with the Armed Forces of the United States or in

18 the State Militia and called into service or training or (ii)

19 in training or education under the supervision of the United

20 States preliminary to induction into the military service may

21 have the license restored without paying any lapsed renewal

22 fees if, within 2 years after honorable termination of such

23 service, training, or education, the applicant furnishes the

24 Department with satisfactory evidence to the effect that the

25 applicant has been so engaged and that the individual's

26 service, training, or education has been so terminated.

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1 (d) Any practical nurse licensee who shall engage in the

2 practice of practical nursing with a lapsed license or while on

3 inactive status shall be considered to be practicing without a

4 license, which shall be grounds for discipline under Section

5 70-5 of this Act.

6 (e) Pending restoration of a license under this Section,

7 the Department may grant an applicant a temporary permit to

8 practice as a practical nurse if the Department is satisfied

9 that the applicant holds an active, unencumbered license in

10 good standing in another jurisdiction. If the applicant holds

11 more than one current active license or one or more active

12 temporary licenses from another jurisdiction, the Department

13 shall not issue a temporary permit until it is satisfied that

14 each current active license held by the applicant is

15 unencumbered. The temporary permit, which shall be issued no

16 later than 14 working days after receipt by the Department of

17 an application for the permit, shall be granted upon the

18 submission of all of the following to the Department:

19 (1) A signed and completed application for restoration

20 of licensure under this Section as a licensed practical

21 nurse.

22 (2) Proof of (i) a current, active license in at least

23 one other jurisdiction and proof that each current, active

24 license or temporary permit held by the applicant is

25 unencumbered or (ii) fitness to practice nursing in this

26 State, as specified by rule.

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1 (3) A signed and completed application for a temporary

2 permit.

3 (4) The required permit fee.

4 (f) The Department may refuse to issue to an applicant a

5 temporary permit authorized under this Section if, within 14

6 working days after its receipt of an application for a

7 temporary permit, the Department determines that:

8 (1) the applicant has been convicted within the last 5

9 years of any crime under the laws of any jurisdiction of

10 the United States that is (i) a felony or (ii) a

11 misdemeanor directly related to the practice of the

12 profession;

13 (2) within the last 5 years, the applicant has had a

14 license or permit related to the practice of nursing

15 revoked, suspended, or placed on probation by another

16 jurisdiction, if at least one of the grounds for revoking,

17 suspending, or placing on probation is the same or

18 substantially equivalent to grounds for disciplinary

19 action under this Act; or

20 (3) the Department intends to deny restoration of the

21 license.

22 (g) The Department may revoke a temporary permit issued

23 under this Section if:

24 (1) the Department determines that the applicant has

25 been convicted within the last 5 years of any crime under

26 the laws of any jurisdiction of the United States that is

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1 (i) a felony or (ii) a misdemeanor directly related to the

2 practice of the profession;

3 (2) within the last 5 years, the applicant had a

4 license or permit related to the practice of nursing

5 revoked, suspended, or placed on probation by another

6 jurisdiction and at least one of the grounds for revoking,

7 suspending, or placing on probation is the same or

8 substantially equivalent to grounds for disciplinary

9 action under this Act; or

10 (3) the Department intends to deny restoration of the

11 license.

12 (h) A temporary permit or renewed temporary permit shall

13 expire (i) upon issuance of a valid license under this Act or

14 (ii) upon notification that the Department intends to deny

15 restoration of licensure. Except as otherwise provided in this

16 Section, the temporary permit shall expire 6 months after the

17 date of issuance. Further renewal may be granted by the

18 Department in hardship cases that shall automatically expire

19 upon issuance of a valid license under this Act or upon

20 notification that the Department intends to deny licensure,

21 whichever occurs first. No extensions shall be granted beyond

22 the 6-month period, unless approved by the Secretary.

23 Notification by the Department under this Section must be by

24 certified or registered mail to the address of record or by

25 email to the email address of record.

26 (Source: P.A. 95-639, eff. 10-5-07.)

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1 (225 ILCS 65/55-30)

2 (Section scheduled to be repealed on January 1, 2018)

3 Sec. 55-30. LPN scope of practice.

4 (a) Practice as a licensed practical nurse means a directed

5 scope of ~~basic~~ nursing practice, with or without compensation,

6 under the direction of ~~as delegated by~~ a registered

7 professional nurse or an advanced practice registered nurse, ~~or~~

8 ~~as directed by~~ a physician assistant, physician, dentist, ~~or~~

9 podiatric physician, or other health care professionals as

10 determined by the Department, and includes, but is not limited

11 to, all of the following:

12 (1) Conducting a focused nursing assessment and

13 collaborating on the ongoing health assessment of the

14 patient. ~~Collecting data and collaborating in the~~

15 ~~assessment of the health status of a patient.~~

16 (2) Collaborating in the development and modification

17 of the registered professional nurse's or advanced

18 practice registered nurse's comprehensive nursing plan of

19 care for all types of patients.

20 (3) Implementing aspects of the plan of care ~~as~~

21 ~~delegated~~.

22 (4) Participating in health teaching and counseling to

23 promote, attain, and maintain the optimum health level of

24 patients~~, as delegated~~.

25 (5) Serving as an advocate for the patient by

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1 communicating and collaborating with other health service

2 personnel~~, as delegated~~.

3 (6) Participating in the evaluation of patient

4 responses to interventions.

5 (7) Communicating and collaborating with other health

6 care professionals ~~as delegated~~.

7 (8) Providing input into the development of policies

8 and procedures to support patient safety.

9 (Source: P.A. 98-214, eff. 8-9-13.)

10 (225 ILCS 65/60-5)

11 (Section scheduled to be repealed on January 1, 2018)

12 Sec. 60-5. RN education program requirements; out-of-State

13 programs.

14 (a) All registered professional nurse education programs

15 must be reviewed by the Board and approved by the Department

16 before the successful completion of such a program may be

17 applied toward meeting the requirements for registered

18 professional nurse licensure under this Act. Any program

19 changing the level of educational preparation or the

20 relationship with or to the parent institution or establishing

21 an extension of an existing program must request a review by

22 the Board and approval by the Department. The Board shall

23 review and make a recommendation for the approval or

24 disapproval of a program by the Department based on the

25 following criteria:

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1 (1) a feasibility study that describes the need for the

2 program and the facilities used, the potential of the

3 program to recruit faculty and students, financial support

4 for the program, and other criteria, as established by

5 rule;

6 (2) program curriculum that meets all State

7 requirements;

8 (3) the administration of the program by a Nurse

9 Administrator and the involvement of a Nurse Administrator

10 in the development of the program; ~~and~~

11 (4) the occurrence of a site visit prior to approval;

12 and ~~.~~

13 (5) beginning December 31, 2022, obtaining and

14 maintaining programmatic accreditation by a national

15 accrediting body for nursing education recognized by the

16 United States Department of Education and approved by the

17 Department.

18 The Department and Board of Nursing shall be notified

19 within 30 days if the program loses its accreditation. The

20 Department may adopt rules regarding a warning process and

21 reaccreditation.

22 (b) In order to obtain initial Department approval and to

23 maintain Department approval, a registered professional

24 nursing program must meet all of the following requirements:

25 (1) The institution responsible for conducting the

26 program and the Nurse Administrator must ensure that

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1 individual faculty members are academically and

2 professionally competent.

3 (2) The program curriculum must contain all applicable

4 requirements established by rule, including both theory

5 and clinical components.

6 (3) The passage rates of the program's graduating

7 classes on the State-approved licensure exam must be deemed

8 satisfactory by the Department.

9 (c) Program site visits to an institution conducting or

10 hosting a professional nursing program may be made at the

11 discretion of the Nursing Coordinator or upon recommendation of

12 the Board. Full routine site visits may ~~shall~~ be conducted by

13 the Department for periodic evaluation. Such ~~The~~ visits shall

14 be used to determine compliance with this Act. Full routine

15 site visits must be announced and may be waived at the

16 discretion of the Department if the program maintains

17 accreditation with an accrediting body recognized by the United

18 States Department of Education and approved by the Department

19 ~~the National League for Nursing Accrediting Commission (NLNAC)~~

20 ~~or the Commission on Collegiate Nursing Education (CCNE)~~.

21 (d) Any institution conducting a registered professional

22 nursing program that wishes to discontinue the program must do

23 each of the following:

24 (1) Notify the Department, in writing, of its intent to

25 discontinue the program.

26 (2) Continue to meet the requirements of this Act and

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1 the rules adopted thereunder until the official date of

2 termination of the program.

3 (3) Notify the Department of the date on which the last

4 student shall graduate from the program and the program

5 shall terminate.

6 (4) Assist remaining students in the continuation of

7 their education in the event of program termination prior

8 to the graduation of the program's final student.

9 (5) Upon the closure of the program, notify the

10 Department, in writing, of the location of student and

11 graduate records' storage.

12 (e) Out-of-State registered professional nursing education

13 programs planning to offer clinical practice experiences in

14 this State must meet the requirements set forth in this Section

15 and must meet the clinical and faculty requirements for

16 institutions outside of this State, as established by rule. The

17 institution responsible for conducting an out-of-State

18 registered professional nursing education program and the

19 administrator of the program shall be responsible for ensuring

20 that the individual faculty and preceptors overseeing the

21 clinical experience are academically and professionally

22 competent.

23 (Source: P.A. 95-639, eff. 10-5-07.)

24 (225 ILCS 65/60-10)

25 (Section scheduled to be repealed on January 1, 2018)

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1 Sec. 60-10. RN licensure by examination ~~Qualifications for~~

2 ~~RN licensure~~.

3 (a) Each applicant who successfully meets the requirements

4 of this Section is eligible for ~~shall be entitled to~~ licensure

5 as a registered professional nurse.

6 (b) An applicant for licensure by examination to practice

7 as a registered professional nurse is eligible for licensure

8 when the following requirements are met ~~must do each of the~~

9 ~~following~~:

10 (1) the applicant has submitted ~~Submit~~ a completed

11 written application, on forms provided by the Department,

12 and fees, as established by the Department; ~~.~~

13 (2) the applicant has ~~Have~~ graduated from a

14 professional nursing education program approved by the

15 Department or have been granted a certificate of completion

16 of pre-licensure requirements from another United States

17 jurisdiction; ~~.~~

18 (3) the applicant has successfully completed

19 ~~Successfully complete~~ a licensure examination approved by

20 the Department; ~~.~~

21 (4) (blank); ~~Have not violated the provisions of this~~

22 ~~Act concerning the grounds for disciplinary action. The~~

23 ~~Department may take into consideration any felony~~

24 ~~conviction of the applicant, but such a conviction may not~~

25 ~~operate as an absolute bar to licensure.~~

26 (5) the applicant has submitted ~~Submit~~ to the criminal

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1 history records check required under Section 50-35 of this

2 Act; ~~.~~

3 (6) the applicant has submitted ~~Submit~~, either to the

4 Department or its designated testing service, a fee

5 covering the cost of providing the examination; failure ~~.~~

6 ~~Failure~~ to appear for the examination on the scheduled date

7 at the time and place specified after the applicant's

8 application for examination has been received and

9 acknowledged by the Department or the designated testing

10 service shall result in the forfeiture of the examination

11 fee; and ~~.~~

12 (7) the applicant has met ~~Meet~~ all other requirements

13 established by the Department by rule.

14 An applicant for licensure by examination may take the

15 Department-approved examination in another jurisdiction.

16 (b-5) If an applicant for licensure by examination

17 neglects, fails, or refuses to take an examination or fails to

18 pass an examination for a license within 3 years of the date of

19 initial application ~~after filing the application~~, the

20 application shall be denied. When an applicant's application is

21 denied due to the failure to pass the examination within the

22 3-year period, that applicant must undertake an additional

23 course of education as defined by rule prior to submitting a

24 new application for licensure. Any new application must be

25 accompanied by the required fee, evidence of meeting the

26 requirements in force at the time of the new application, and

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1 evidence of completion of the additional course of education

2 prescribed by rule. ~~The applicant may make a new application~~

3 ~~accompanied by the required fee, evidence of meeting the~~

4 ~~requirements in force at the time of the new application, and~~

5 ~~proof of the successful completion of at least 2 additional~~

6 ~~years of professional nursing education.~~

7 (c) An applicant for licensure by examination shall have

8 one year after the date of notification of the successful

9 completion of the examination to apply to the Department for a

10 license. If an applicant fails to apply within one year, the

11 applicant shall be required to retake and pass the examination

12 unless licensed in another jurisdiction of the United States.

13 (d) An applicant for licensure by examination who passes

14 the Department-approved licensure examination for professional

15 nursing may obtain employment as a license-pending registered

16 nurse and practice under the direction of a registered

17 professional nurse or an advanced practice registered nurse

18 until such time as he or she receives his or her license to

19 practice or until the license is denied. In no instance shall

20 any such applicant practice or be employed in any management

21 capacity. An individual may be employed as a license-pending

22 registered nurse if all of the following criteria are met:

23 (1) He or she has completed and passed the

24 Department-approved licensure exam and presents to the

25 employer the official written notification indicating

26 successful passage of the licensure examination.

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1 (2) He or she has completed and submitted to the

2 Department an application for licensure under this Section

3 as a registered professional nurse.

4 (3) He or she has submitted the required licensure fee.

5 (4) He or she has met all other requirements

6 established by rule, including having submitted to a

7 criminal history records check.

8 (e) The privilege to practice as a license-pending

9 registered nurse shall terminate with the occurrence of any of

10 the following:

11 (1) Three months have passed since the official date of

12 passing the licensure exam as inscribed on the formal

13 written notification indicating passage of the exam. The

14 3-month license pending period may be extended if more time

15 is needed by the Department to process the licensure

16 application.

17 (2) Receipt of the registered professional nurse

18 license from the Department.

19 (3) Notification from the Department that the

20 application for licensure has been refused.

21 (4) A request by the Department that the individual

22 terminate practicing as a license-pending registered nurse

23 until an official decision is made by the Department to

24 grant or deny a registered professional nurse license.

25 (f) (Blank). ~~An applicant for registered professional~~

26 ~~nurse licensure by endorsement who is a registered professional~~

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1 ~~nurse licensed by examination under the laws of another state~~

2 ~~or territory of the United States must do each of the~~

3 ~~following:~~

4 ~~(1) Submit a completed written application, on forms~~

5 ~~supplied by the Department, and fees as established by the~~

6 ~~Department.~~

7 ~~(2) Have graduated from a registered professional~~

8 ~~nursing education program approved by the Department.~~

9 ~~(3) Submit verification of licensure status directly~~

10 ~~from the United States jurisdiction of licensure, if~~

11 ~~applicable, as defined by rule.~~

12 ~~(4) Submit to the criminal history records check~~

13 ~~required under Section 50-35 of this Act.~~

14 ~~(5) Meet all other requirements as established by the~~

15 ~~Department by rule.~~

16 (g) (Blank). ~~Pending the issuance of a license under this~~

17 ~~Section, the Department may grant an applicant a temporary~~

18 ~~license to practice nursing as a registered professional nurse~~

19 ~~if the Department is satisfied that the applicant holds an~~

20 ~~active, unencumbered license in good standing in another U.S.~~

21 ~~jurisdiction. If the applicant holds more than one current~~

22 ~~active license or one or more active temporary licenses from~~

23 ~~another jurisdiction, the Department may not issue a temporary~~

24 ~~license until the Department is satisfied that each current~~

25 ~~active license held by the applicant is unencumbered. The~~

26 ~~temporary license, which shall be issued no later than 14~~

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1 ~~working days after receipt by the Department of an application~~

2 ~~for the temporary license, shall be granted upon the submission~~

3 ~~of all of the following to the Department:~~

4 ~~(1) A completed application for licensure as a~~

5 ~~registered professional nurse.~~

6 ~~(2) Proof of a current, active license in at least one~~

7 ~~other jurisdiction of the United States and proof that each~~

8 ~~current active license or temporary license held by the~~

9 ~~applicant within the last 5 years is unencumbered.~~

10 ~~(3) A completed application for a temporary license.~~

11 ~~(4) The required temporary license fee.~~

12 (h) (Blank). ~~The Department may refuse to issue an~~

13 ~~applicant a temporary license authorized pursuant to this~~

14 ~~Section if, within 14 working days after its receipt of an~~

15 ~~application for a temporary license, the Department determines~~

16 ~~that:~~

17 ~~(1) the applicant has been convicted of a crime under~~

18 ~~the laws of a jurisdiction of the United States that is (i)~~

19 ~~a felony or (ii) a misdemeanor directly related to the~~

20 ~~practice of the profession, within the last 5 years;~~

21 ~~(2) the applicant has had a license or permit related~~

22 ~~to the practice of nursing revoked, suspended, or placed on~~

23 ~~probation by another jurisdiction within the last 5 years,~~

24 ~~if at least one of the grounds for revoking, suspending, or~~

25 ~~placing on probation is the same or substantially~~

26 ~~equivalent to grounds for disciplinary action under this~~

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1 ~~Act; or~~

2 ~~(3) the Department intends to deny licensure by~~

3 ~~endorsement.~~

4 (i) (Blank). ~~The Department may revoke a temporary license~~

5 ~~issued pursuant to this Section if it determines any of the~~

6 ~~following:~~

7 ~~(1) That the applicant has been convicted of a crime~~

8 ~~under the laws of any jurisdiction of the United States~~

9 ~~that is (i) a felony or (ii) a misdemeanor directly related~~

10 ~~to the practice of the profession, within the last 5 years.~~

11 ~~(2) That within the last 5 years, the applicant has had~~

12 ~~a license or permit related to the practice of nursing~~

13 ~~revoked, suspended, or placed on probation by another~~

14 ~~jurisdiction, if at least one of the grounds for revoking,~~

15 ~~suspending, or placing on probation is the same or~~

16 ~~substantially equivalent to grounds for disciplinary~~

17 ~~action under this Act.~~

18 ~~(3) That it intends to deny licensure by endorsement.~~

19 (j) (Blank). ~~A temporary license issued under this Section~~

20 ~~shall expire 6 months after the date of issuance. Further~~

21 ~~renewal may be granted by the Department in hardship cases, as~~

22 ~~defined by rule and upon approval of the Secretary. However, a~~

23 ~~temporary license shall automatically expire upon issuance of~~

24 ~~the Illinois license or upon notification that the Department~~

25 ~~intends to deny licensure, whichever occurs first.~~

26 (k) All applicants for registered professional nurse

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1 licensure have 3 years after the date of application to

2 complete the application process. If the process has not been

3 completed within 3 years after the date of application, the

4 application shall be denied, the fee forfeited, and the

5 applicant must reapply and meet the requirements in effect at

6 the time of reapplication.

7 (l) All applicants for registered nurse licensure by

8 examination ~~or endorsement~~ who are graduates of practical

9 nursing educational programs in a country other than the United

10 States and 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 (l) may be satisfied by the showing of proof of~~

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1 ~~a certificate from the Certificate Program or the VisaScreen~~

2 ~~Program of the Commission on Graduates of Foreign Nursing~~

3 ~~Schools.~~

4 (m) (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 (m) 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~~

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1 ~~Schools.~~

2 (Source: P.A. 95-639, eff. 10-5-07.)

3 (225 ILCS 65/60-11 new)

4 Sec. 60-11. RN licensure by endorsement.

5 (a) Each applicant who successfully meets the requirements

6 of this Section is eligible for licensure as a registered

7 professional nurse.

8 (b) An applicant for registered professional nurse

9 licensure by endorsement who is a registered professional nurse

10 licensed by examination under the laws of another United States

11 jurisdiction or a foreign jurisdiction is eligible for

12 licensure when the following requirements are met:

13 (1) the applicant has submitted a completed written

14 application, on forms supplied by the Department, and fees

15 as established by the Department;

16 (2) the applicant has graduated from a registered

17 professional nursing education program approved by the

18 Department;

19 (3) the applicant has been issued an LPN license by

20 another United States or foreign jurisdiction, which shall

21 be verified, as defined 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.

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1 (c) Pending the issuance of a license under this Section,

2 the Department may grant an applicant a temporary permit to

3 practice nursing as a registered professional nurse if the

4 Department is satisfied that the applicant holds an active,

5 unencumbered license in good standing in another United States

6 jurisdiction. If the applicant holds more than one current

7 active license or one or more active temporary licenses from

8 another jurisdiction, the Department may not issue a temporary

9 permit until the Department is satisfied that each current

10 active license held by the applicant is unencumbered. The

11 temporary permit, which shall be issued no later than 14

12 working days after receipt by the Department of an application

13 for the temporary permit, shall be granted upon the submission

14 of all of the following to the Department:

15 (1) a completed application for licensure as a

16 registered professional nurse;

17 (2) proof of a current, active license in at least one

18 other jurisdiction of the United States and proof that each

19 current active license or temporary license held by the

20 applicant within the last 5 years is unencumbered;

21 (3) a completed application for a temporary permit; and

22 (4) the required temporary permit fee.

23 (d) The Department may refuse to issue an applicant a

24 temporary permit authorized pursuant to this Section if, within

25 14 working days after its receipt of an application for a

26 temporary permit, the Department determines that:

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1 (1) the applicant has been convicted of a crime under

2 the laws of a jurisdiction of the United States that is (i)

3 a felony or (ii) a misdemeanor directly related to the

4 practice of the profession, within the last 5 years;

5 (2) the applicant has had a license or permit related

6 to the practice of nursing revoked, suspended, or placed on

7 probation by another jurisdiction within the last 5 years,

8 if at least one of the grounds for revoking, suspending, or

9 placing on probation is the same or substantially

10 equivalent to grounds for disciplinary action under this

11 Act; or

12 (3) the Department intends to deny licensure by

13 endorsement.

14 (e) The Department may revoke a temporary permit issued

15 pursuant to this Section if it determines that:

16 (1) the applicant has been convicted of a crime under

17 the laws of any 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) within the last 5 years, the applicant has had a

21 license or permit related to the practice of nursing

22 revoked, suspended, or placed on probation by another

23 jurisdiction, if at least one of the grounds for revoking,

24 suspending, or placing on probation is the same or

25 substantially equivalent to grounds for disciplinary

26 action under this Act; or

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1 (3) the Department intends to deny licensure by

2 endorsement.

3 (f) A temporary permit issued under this Section shall

4 expire 6 months after the date of issuance. Further renewal may

5 be granted by the Department in hardship cases, as defined by

6 rule and upon approval of the Secretary. However, a temporary

7 permit shall automatically expire upon issuance of the Illinois

8 license or upon notification that the Department intends to

9 deny licensure, whichever occurs first.

10 (g) All applicants for registered professional nurse

11 licensure have 3 years after the date of application to

12 complete the application process. If the process has not been

13 completed within 3 years after the date of application, the

14 application shall be denied, the fee forfeited, and the

15 applicant must reapply and meet the requirements in effect at

16 the time of reapplication.

17 (h) An applicant licensed in another state or territory who

18 is applying for licensure and has received her or his education

19 in a country other than the United States or its territories

20 shall have her or his nursing education credentials evaluated

21 by a Department-approved nursing credentialing evaluation

22 service. No such applicant may be issued a license under this

23 Act unless the applicant's program is deemed by the nursing

24 credentialing evaluation service to be equivalent to a

25 professional nursing education program approved by the

26 Department. An applicant who has graduated from a nursing

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1 education program outside of the United States or its

2 territories and whose first language is not English shall

3 submit evidence of English proficiency, as defined by rule.

4 (225 ILCS 65/60-25)

5 (Section scheduled to be repealed on January 1, 2018)

6 Sec. 60-25. Restoration of RN license; temporary permit.

7 (a) Any license to practice professional nursing issued

8 under this Act that has expired or that is on inactive status

9 may be restored by making application to the Department and

10 filing proof of fitness acceptable to the Department as

11 specified by rule to have the license restored and by paying

12 the required restoration fee. Such proof of fitness may include

13 evidence certifying active lawful practice in another

14 jurisdiction.

15 (b) A licensee seeking restoration of a license after it

16 has expired or been placed on inactive status for more than 5

17 years shall file an application, on forms supplied by the

18 Department, and submit the restoration or renewal fees set

19 forth by the Department. The licensee shall also submit proof

20 of fitness to practice as specified by rule. ~~, including one of~~

21 ~~the following:~~

22 ~~(1) Certification of active practice in another~~

23 ~~jurisdiction, which may include a statement from the~~

24 ~~appropriate board or licensing authority in the other~~

25 ~~jurisdiction that the licensee was authorized to practice~~

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1 ~~during the term of said active practice.~~

2 ~~(2) Proof of the successful completion of a~~

3 ~~Department-approved licensure examination.~~

4 ~~(3) An affidavit attesting to military service as~~

5 ~~provided in subsection (c) of this Section; however, if~~

6 ~~application is made within 2 years after discharge and if~~

7 ~~all other provisions of subsection (c) of this Section are~~

8 ~~satisfied, the applicant shall be required to pay the~~

9 ~~current renewal fee.~~

10 (c) Any registered professional nurse license issued under

11 this Act that expired while the licensee was (1) in federal

12 service on active duty with the Armed Forces of the United

13 States or in the State Militia called into service or training

14 or (2) in training or education under the supervision of the

15 United States preliminary to induction into the military

16 service may have the license restored without paying any lapsed

17 renewal fees if, within 2 years after honorable termination of

18 such service, training, or education, the applicant furnishes

19 the Department with satisfactory evidence to the effect that

20 the applicant has been so engaged and that the individual's

21 service, training, or education has been so terminated.

22 (d) Any licensee who engages in the practice of

23 professional nursing with a lapsed license or while on inactive

24 status shall be considered to be practicing without a license,

25 which shall be grounds for discipline under Section 70-5 of

26 this Act.

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1 (e) Pending restoration of a registered professional nurse

2 license under this Section, the Department may grant an

3 applicant a temporary permit to practice as a registered

4 professional nurse if the Department is satisfied that the

5 applicant holds an active, unencumbered license in good

6 standing in another jurisdiction. If the applicant holds more

7 than one current active license or one or more active temporary

8 licenses from another jurisdiction, the Department shall not

9 issue a temporary permit until it is satisfied that each

10 current active license held by the applicant is unencumbered.

11 The temporary permit, which shall be issued no later than 14

12 working days after receipt by the Department of an application

13 for the permit, shall be granted upon the submission of all of

14 the following to the Department:

15 (1) A signed and completed application for restoration

16 of licensure under this Section as a registered

17 professional nurse.

18 (2) Proof of (i) a current, active license in at least

19 one other jurisdiction and proof that each current, active

20 license or temporary permit held by the applicant is

21 unencumbered or (ii) fitness to practice nursing in

22 Illinois, as specified by rule.

23 (3) A signed and completed application for a temporary

24 permit.

25 (4) The required permit fee.

26 (f) The Department may refuse to issue to an applicant a

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1 temporary permit authorized under this Section if, within 14

2 working days after its receipt of an application for a

3 temporary permit, the Department determines that:

4 (1) the applicant has been convicted within the last 5

5 years of any crime under the laws of any jurisdiction of

6 the United States that is (i) a felony or (ii) a

7 misdemeanor directly related to the practice of the

8 profession;

9 (2) within the last 5 years the applicant had a license

10 or permit related to the practice of nursing revoked,

11 suspended, or placed on probation by another jurisdiction

12 if at least one of the grounds for revoking, suspending, or

13 placing on probation is the same or substantially

14 equivalent to grounds for disciplinary action under this

15 Act; or

16 (3) the Department intends to deny restoration of the

17 license.

18 (g) The Department may revoke a temporary permit issued

19 under this Section if:

20 (1) the Department determines that the applicant has

21 been convicted within the last 5 years of any crime under

22 the laws of any jurisdiction of the United States that is

23 (i) a felony or (ii) a misdemeanor directly related to the

24 practice of the profession;

25 (2) within the last 5 years, the applicant had a

26 license or permit related to the practice of nursing

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1 revoked, suspended, or placed on probation by another

2 jurisdiction, if at least one of the grounds for revoking,

3 suspending, or placing on probation is the same or

4 substantially equivalent to grounds in Illinois; 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 an Illinois license or (ii) upon

9 notification that the Department intends to deny restoration of

10 licensure. A temporary permit shall expire 6 months from the

11 date of issuance. Further renewal may be granted by the

12 Department, in hardship cases, that shall automatically expire

13 upon issuance of the Illinois license or upon notification that

14 the Department intends to deny licensure, whichever occurs

15 first. No extensions shall be granted beyond the 6-month period

16 unless approved by the Secretary. Notification by the

17 Department under this Section must be by certified or

18 registered mail to the address of record or by email to the

19 email address of record.

20 (Source: P.A. 95-639, eff. 10-5-07.)

21 (225 ILCS 65/60-35)

22 (Section scheduled to be repealed on January 1, 2018)

23 Sec. 60-35. RN scope of practice. The RN scope of nursing

24 practice is the protection, promotion, and optimization of

25 health and abilities, the prevention of illness and injury, the

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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

8 includes, 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.

11 (2) Analyzing the assessment data to determine actual

12 or potential diagnoses, problems, and issues.

13 (3) Identifying expected outcomes for a plan

14 individualized to the patient or the situation that

15 prescribes strategies to attain expected, measurable

16 outcomes.

17 (4) Implementing the identified plan, coordinating

18 care delivery, employing strategies to promote healthy and

19 safe environments, and administering or delegating

20 medication administration.

21 (5) Evaluating progress toward attainment of goals and

22 outcomes.

23 (6) Delegating and assigning nursing interventions to

24 implement the plan of care.

25 (7) Providing health education and counseling.

26 (8) Practicing ethically according to the American

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1 Nurses Association Code of Ethics.

2 (9) Practicing in a manner that recognizes cultural

3 diversity.

4 (10) Communicating effectively in all areas of

5 practice.

6 (11) Collaborating with patients and other key

7 stakeholders in the conduct of nursing practice.

8 (12) Participating in continuous professional

9 development.

10 (13) Teaching the theory and practice of nursing to

11 student nurses.

12 (14) Leading within the professional practice setting

13 and the profession.

14 (15) Contributing to quality nursing practice.

15 (16) Integrating evidence and research findings into

16 practice.

17 (17) Utilizing appropriate resources to plan, provide,

18 and sustain evidence-based nursing services that are safe,

19 effective, and fiscally responsible.

20 (18) Participating in the development of policies,

21 procedures, and systems to support patient safety.

22 ~~(a) Practice as a registered professional nurse means the~~

23 ~~full scope of nursing, with or without compensation, that~~

24 ~~incorporates caring for all patients in all settings, through~~

25 ~~nursing standards recognized by the Department, and includes,~~

26 ~~but is not limited to, all of the following:~~

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1 ~~(1) The comprehensive nursing assessment of the health~~

2 ~~status of patients that addresses changes to patient~~

3 ~~conditions.~~

4 ~~(2) The development of a plan of nursing care to be~~

5 ~~integrated within the patient-centered health care plan~~

6 ~~that establishes nursing diagnoses, and setting goals to~~

7 ~~meet identified health care needs, determining nursing~~

8 ~~interventions, and implementation of nursing care through~~

9 ~~the execution of nursing strategies and regimens ordered or~~

10 ~~prescribed by authorized healthcare professionals.~~

11 ~~(3) The administration of medication or delegation of~~

12 ~~medication administration to licensed practical nurses.~~

13 ~~(4) Delegation of nursing interventions to implement~~

14 ~~the plan of care.~~

15 ~~(5) The provision for the maintenance of safe and~~

16 ~~effective nursing care rendered directly or through~~

17 ~~delegation.~~

18 ~~(6) Advocating for patients.~~

19 ~~(7) The evaluation of responses to interventions and~~

20 ~~the effectiveness of the plan of care.~~

21 ~~(8) Communicating and collaborating with other health~~

22 ~~care professionals.~~

23 ~~(9) The procurement and application of new knowledge~~

24 ~~and technologies.~~

25 ~~(10) The provision of health education and counseling.~~

26 ~~(11) Participating in development of policies,~~

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1 ~~procedures, and systems to support patient safety.~~

2 (Source: P.A. 95-639, eff. 10-5-07.)

3 (225 ILCS 65/Art. 65 heading)

4 ARTICLE 65. ADVANCED PRACTICE REGISTERED NURSES

5 (Article scheduled to be repealed on January 1, 2018)

6 (Source: P.A. 95-639, eff. 10-5-07.)

7 (225 ILCS 65/65-5) (was 225 ILCS 65/15-10)

8 (Section scheduled to be repealed on January 1, 2018)

9 Sec. 65-5. Qualifications for APRN ~~APN~~ licensure.

10 (a) Each applicant who successfully meets the requirements

11 of this Section is eligible for ~~shall be entitled to~~ licensure

12 as an advanced practice registered nurse.

13 (b) An applicant for licensure to practice as an advanced

14 practice registered nurse is eligible for licensure when the

15 following requirements are met ~~must do each of the following~~:

16 (1) the applicant has submitted ~~Submit~~ a completed

17 application and any fees as established by the Department; ~~.~~

18 (2) the applicant holds ~~Hold~~ a current license to

19 practice as a registered professional nurse under this

20 Act; ~~.~~

21 (3) the applicant has ~~Have~~ successfully completed

22 requirements to practice as, and holds and maintains

23 current, national certification as, a nurse midwife,

24 clinical nurse specialist, nurse practitioner, or

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1 certified registered nurse anesthetist from the

2 appropriate national certifying body as determined by rule

3 of the Department; ~~.~~

4 (4) the applicant has ~~Have~~ obtained a graduate degree

5 appropriate for national certification in a clinical

6 advanced practice registered nursing specialty or a

7 graduate degree or post-master's certificate from a

8 graduate level program in a clinical advanced practice

9 registered nursing specialty; ~~.~~

10 (5) (blank); ~~Have not violated the provisions of this~~

11 ~~Act concerning the grounds for disciplinary action. The~~

12 ~~Department may take into consideration any felony~~

13 ~~conviction of the applicant, but such a conviction may not~~

14 ~~operate as an absolute bar to licensure.~~

15 (6) the applicant has submitted ~~Submit~~ to the criminal

16 history records check required under Section 50-35 of this

17 Act; and ~~.~~

18 (7) if applicable, the applicant has submitted

19 verification of licensure status in another jurisdiction,

20 as provided by rule.

21 (b-5) A registered professional nurse seeking licensure as

22 an advanced practice registered nurse in the category of

23 certified registered nurse anesthetist who does not have a

24 graduate degree as described in subsection (b) of this Section

25 shall be qualified for licensure if that person:

26 (1) submits evidence of having successfully completed

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1 a nurse anesthesia program described in item (4) of

2 subsection (b) of this Section prior to January 1, 1999;

3 (2) submits evidence of certification as a registered

4 nurse anesthetist by an appropriate national certifying

5 body; and

6 (3) has continually maintained active, up-to-date

7 recertification status as a certified registered nurse

8 anesthetist by an appropriate national recertifying body.

9 (b-10) The Department may ~~shall~~ issue a certified

10 registered nurse anesthetist license to an APRN ~~APN~~ who (i)

11 does not have a graduate degree, (ii) applies for licensure

12 before July 1, 2018, and (iii) submits all of the following to

13 the Department:

14 (1) His or her current State registered nurse license

15 number.

16 (2) Proof of current national certification, which

17 includes the completion of an examination from either of

18 the following:

19 (A) the Council on Certification of the American

20 Association of Nurse Anesthetists; or

21 (B) the Council on Recertification of the American

22 Association of Nurse Anesthetists.

23 (3) Proof of the successful completion of a post-basic

24 advanced practice formal education program in the area of

25 nurse anesthesia prior to January 1, 1999.

26 (4) His or her complete work history for the 5-year

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1 period immediately preceding the date of his or her

2 application.

3 (5) Verification of licensure as an advanced practice

4 registered nurse from the state in which he or she was

5 originally licensed, current state of licensure, and any

6 other state in which he or she has been actively practicing

7 as an advanced practice registered nurse within the 5-year

8 period immediately preceding the date of his or her

9 application. If applicable, this verification must state:

10 (A) the time during which he or she was licensed in

11 each state, including the date of the original issuance

12 of each license; and

13 (B) any disciplinary action taken or pending

14 concerning any nursing license held, currently or in

15 the past, by the applicant.

16 (6) The required fee.

17 (c) Those applicants seeking licensure in more than one

18 advanced practice registered nursing specialty need not

19 possess multiple graduate degrees. Applicants may be eligible

20 for licenses for multiple advanced practice registered nurse

21 licensure specialties, provided that the applicant (i) has met

22 the requirements for at least one advanced practice registered

23 nursing specialty under paragraphs (3) and (5) of subsection

24 (a) of this Section, (ii) possesses an additional graduate

25 education that results in a certificate for another clinical

26 advanced practice registered nurse specialty and that meets the

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1 requirements for the national certification from the

2 appropriate nursing specialty, and (iii) holds a current

3 national certification from the appropriate national

4 certifying body for that additional advanced practice

5 registered nursing specialty.

6 (Source: P.A. 98-837, eff. 1-1-15.)

7 (225 ILCS 65/65-10) (was 225 ILCS 65/15-13)

8 (Section scheduled to be repealed on January 1, 2018)

9 Sec. 65-10. APRN ~~APN~~ license pending status.

10 (a) A graduate of an advanced practice registered nursing

11 program may practice in the State of Illinois in the role of

12 certified clinical nurse specialist, certified nurse midwife,

13 certified nurse practitioner, or certified registered nurse

14 anesthetist for not longer than 6 months provided he or she

15 submits all of the following:

16 (1) An application for licensure as an advanced

17 practice registerednurse in Illinois and all fees

18 established by rule.

19 (2) Proof of an application to take the national

20 certification examination in the specialty.

21 (3) Proof of completion of a graduate advanced practice

22 education program that allows the applicant to be eligible

23 for national certification in a clinical advanced practice

24 registerednursing specialty and that allows the applicant

25 to be eligible for licensure in Illinois in the area of his

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1 or her specialty.

2 (4) Proof that he or she is licensed in Illinois as a

3 registered professional nurse.

4 (b) License pending status shall preclude delegation of

5 prescriptive authority.

6 (c) A graduate practicing in accordance with this Section

7 must use the title "license pending certified clinical nurse

8 specialist", "license pending certified nurse midwife",

9 "license pending certified nurse practitioner", or "license

10 pending certified registered nurse anesthetist", whichever is

11 applicable.

12 (Source: P.A. 97-813, eff. 7-13-12.)

13 (225 ILCS 65/65-15)

14 (Section scheduled to be repealed on January 1, 2018)

15 Sec. 65-15. Expiration of APRN ~~APN~~ license; renewal.

16 (a) The expiration date and renewal period for each

17 advanced practice registered nurse license issued under this

18 Act shall be set by rule. The holder of a license may renew the

19 license during the month preceding the expiration date of the

20 license by paying the required fee. It is the responsibility of

21 the licensee to notify the Department in writing of a change of

22 address.

23 (b) On and after May 30, 2020, except as provided in

24 subsections (c) and (d) of this Section, each advanced practice

25 registered nurse is required to show proof of continued,

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1 current national certification in the specialty.

2 (c) An advanced practice registered nurse who does not meet

3 the educational requirements necessary to obtain national

4 certification but has continuously held an unencumbered

5 license under this Act since 2001 shall not be required to show

6 proof of national certification in the specialty to renew his

7 or her advanced practice registered nurse license.

8 (d) The Department may renew the license of an advanced

9 practice registered nurse who applies for renewal of his or her

10 license on or before May 30, 2016 and is unable to provide

11 proof of continued, current national certification in the

12 specialty but complies with all other renewal requirements.

13 (e) Any advanced practice registered nurse license renewed

14 on and after May 31, 2016 based on the changes made to this

15 Section by this amendatory Act of the 99th General Assembly

16 shall be retroactive to the expiration date.

17 (Source: P.A. 99-505, eff. 5-27-16.)

18 (225 ILCS 65/65-20)

19 (Section scheduled to be repealed on January 1, 2018)

20 Sec. 65-20. Restoration of APRN ~~APN~~ license; temporary

21 permit.

22 (a) Any license issued under this Act that has expired or

23 that is on inactive status may be restored by making

24 application to the Department and filing proof of fitness

25 acceptable to the Department as specified by rule to have the

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1 license restored and by paying the required restoration fee.

2 Such proof of fitness may include evidence certifying active

3 lawful practice in another jurisdiction.

4 (b) A licensee seeking restoration of a license after it

5 has expired or been placed on inactive status for more than 5

6 years shall file an application, on forms supplied by the

7 Department, and submit the restoration or renewal fees set

8 forth by the Department. The licensee shall also submit proof

9 of fitness to practice as specified by rule. ~~, including one of~~

10 ~~the following:~~

11 ~~(1) Certification of active practice in another~~

12 ~~jurisdiction, which may include a statement from the~~

13 ~~appropriate board or licensing authority in the other~~

14 ~~jurisdiction in which the licensee was authorized to~~

15 ~~practice during the term of said active practice.~~

16 ~~(2) Proof of the successful completion of a~~

17 ~~Department-approved licensure examination.~~

18 ~~(3) An affidavit attesting to military service as~~

19 ~~provided in subsection (c) of this Section; however, if~~

20 ~~application is made within 2 years after discharge and if~~

21 ~~all other provisions of subsection (c) of this Section are~~

22 ~~satisfied, the applicant shall be required to pay the~~

23 ~~current renewal fee.~~

24 ~~(4) Other proof as established by rule.~~

25 (c) Any advanced practice registered nurse license issued

26 under this Act that expired while the licensee was (1) in

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1 federal service on active duty with the Armed Forces of the

2 United States or in the State Militia called into service or

3 training or (2) in training or education under the supervision

4 of the United States preliminary to induction into the military

5 service may have the license restored without paying any lapsed

6 renewal fees if, within 2 years after honorable termination of

7 such service, training, or education, the applicant furnishes

8 the Department with satisfactory evidence to the effect that

9 the applicant has been so engaged and that the individual's

10 service, training, or education has been so terminated.

11 (d) Any licensee who engages in the practice of advanced

12 practice registered nursing with a lapsed license or while on

13 inactive status shall be considered to be practicing without a

14 license, which shall be grounds for discipline under Section

15 70-5 of this Act.

16 (e) Pending restoration of an advanced practice registered

17 nurse license under this Section, the Department may grant an

18 applicant a temporary permit to practice as an advanced

19 practice registered nurse if the Department is satisfied that

20 the applicant holds an active, unencumbered license in good

21 standing in another jurisdiction. If the applicant holds more

22 than one current, active license or one or more active

23 temporary licenses from another jurisdiction, the Department

24 shall not issue a temporary permit until it is satisfied that

25 each current active license held by the applicant is

26 unencumbered. The temporary permit, which shall be issued no

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1 later than 14 working days after receipt by the Department of

2 an application for the permit, shall be granted upon the

3 submission of all of the following to the Department:

4 (1) A signed and completed application for restoration

5 of licensure under this Section as an advanced practice

6 registered nurse.

7 (2) Proof of (i) a current, active license in at least

8 one other jurisdiction and proof that each current, active

9 license or temporary permit held by the applicant is

10 unencumbered or (ii) fitness to practice nursing in

11 Illinois, as specified by rule.

12 (3) A signed and completed application for a temporary

13 permit.

14 (4) The required permit fee.

15 (5) Other proof as established by rule.

16 (f) The Department may refuse to issue to an applicant a

17 temporary permit authorized under this Section if, within 14

18 working days after its receipt of an application for a

19 temporary permit, the Department determines that:

20 (1) the applicant has been convicted within the last 5

21 years of any crime under the laws of any jurisdiction of

22 the United States that is (i) a felony or (ii) a

23 misdemeanor directly related to the practice of the

24 profession;

25 (2) within the last 5 years, the applicant had a

26 license or permit related to the practice of nursing

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1 revoked, suspended, or placed on probation by another

2 jurisdiction if at least one of the grounds for revoking,

3 suspending, or placing on probation is the same or

4 substantially equivalent to grounds for disciplinary

5 action under this Act; or

6 (3) the Department intends to deny restoration of the

7 license.

8 (g) The Department may revoke a temporary permit issued

9 under this Section if:

10 (1) the Department determines that the applicant has

11 been convicted within the last 5 years of any crime under

12 the laws of any jurisdiction of the United States that is

13 (i) a felony or (ii) a misdemeanor directly related to the

14 practice of the profession;

15 (2) within the last 5 years, the applicant had a

16 license or permit related to the practice of nursing

17 revoked, suspended, or placed on probation by another

18 jurisdiction, if at least one of the grounds for revoking,

19 suspending, or placing on probation is the same or

20 substantially equivalent to grounds in Illinois; or

21 (3) the Department intends to deny restoration of the

22 license.

23 (h) A temporary permit or renewed temporary permit shall

24 expire (i) upon issuance of an Illinois license or (ii) upon

25 notification that the Department intends to deny restoration of

26 licensure. Except as otherwise provided in this Section, a

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1 temporary permit shall expire 6 months from the date of

2 issuance. Further renewal may be granted by the Department in

3 hardship cases that shall automatically expire upon issuance of

4 the Illinois license or upon notification that the Department

5 intends to deny licensure, whichever occurs first. No

6 extensions shall be granted beyond the 6-month period unless

7 approved by the Secretary. Notification by the Department under

8 this Section must be by certified or registered mail to the

9 address of record or by email to the email address of record.

10 (Source: P.A. 95-639, eff. 10-5-07.)

11 (225 ILCS 65/65-25)

12 (Section scheduled to be repealed on January 1, 2018)

13 Sec. 65-25. Inactive status of a APRN ~~APN~~ license. Any

14 advanced practice registered nurse who notifies the Department

15 in writing on forms prescribed by the Department may elect to

16 place his or her license on inactive status and shall, subject

17 to rules of the Department, be excused from payment of renewal

18 fees until notice is given to the Department in writing of his

19 or her intent to restore the license.

20 Any advanced practice registered nurse requesting

21 restoration from inactive status shall be required to pay the

22 current renewal fee and shall be required to restore his or her

23 license, as provided by rule of the Department.

24 Any advanced practice registered nurse whose license is on

25 inactive status shall not practice advanced practice

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1 registered nursing, as defined by this Act in the State of

2 Illinois.

3 (Source: P.A. 95-639, eff. 10-5-07.)

4 (225 ILCS 65/65-30)

5 (Section scheduled to be repealed on January 1, 2018)

6 Sec. 65-30. APRN ~~APN~~ scope of practice.

7 (a) Advanced practice registered nursing by certified

8 nurse practitioners, certified nurse anesthetists, certified

9 nurse midwives, or clinical nurse specialists is based on

10 knowledge and skills acquired throughout an advanced practice

11 registered nurse's nursing education, training, and

12 experience.

13 (b) Practice as an advanced practice registered nurse means

14 a scope of nursing practice, with or without compensation, and

15 includes the registered nurse scope of practice.

16 (c) The scope of practice of an advanced practice

17 registered nurse includes, but is not limited to, each of the

18 following:

19 (1) Advanced nursing patient assessment and diagnosis.

20 (2) Ordering diagnostic and therapeutic tests and

21 procedures, performing those tests and procedures when using

22 health care equipment, and interpreting and using the results

23 of diagnostic and therapeutic tests and procedures ordered by

24 the advanced practice registered nurse or another health care

25 professional.

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1 (3) Ordering treatments, ordering or applying

2 appropriate medical devices, and using nursing medical,

3 therapeutic, and corrective measures to treat illness and

4 improve health status.

5 (4) Providing palliative and end-of-life care.

6 (5) Providing advanced counseling, patient education,

7 health education, and patient advocacy.

8 (6) Prescriptive authority as defined in Section 65-40

9 of this Act.

10 (7) Delegating selected nursing activities or tasks to

11 a licensed practical nurse, a registered professional nurse, or

12 other personnel.

13 (Source: P.A. 95-639, eff. 10-5-07.)

14 (225 ILCS 65/65-35) (was 225 ILCS 65/15-15)

15 (Section scheduled to be repealed on January 1, 2018)

16 Sec. 65-35. Written collaborative agreements.

17 (a) A written collaborative agreement is required for all

18 advanced practice registered nurses engaged in clinical

19 practice, except for advanced practice registered nurses who

20 are authorized to practice in a hospital, hospital affiliate,

21 or ambulatory surgical treatment center.

22 (a-5) If an advanced practice registered nurse engages in

23 clinical practice outside of a hospital, hospital affiliate, or

24 ambulatory surgical treatment center in which he or she is

25 authorized to practice, the advanced practice registered nurse

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1 must have a written collaborative agreement.

2 (b) A written collaborative agreement shall describe the

3 relationship of the advanced practiceregistered nurse with the

4 collaborating physician or podiatric physician and shall

5 describe the categories of care, treatment, or procedures to be

6 provided by the advanced practiceregistered nurse. A

7 collaborative agreement with a dentist must be in accordance

8 with subsection (c-10) of this Section. Collaboration does not

9 require an employment relationship between the collaborating

10 physician or podiatric physician and advanced practice

11 registered nurse.

12 The collaborative relationship under an agreement shall

13 not be construed to require the personal presence of a

14 physician or podiatric physician at the place where services

15 are rendered. Methods of communication shall be available for

16 consultation with the collaborating physician or podiatric

17 physician in person or by telecommunications or electronic

18 communications as set forth in the written agreement.

19 (b-5) Absent an employment relationship, a written

20 collaborative agreement may not (1) restrict the categories of

21 patients of an advanced practice registered nurse within the

22 scope of the advanced practice registered nurses training and

23 experience, (2) limit third party payors or government health

24 programs, such as the medical assistance program or Medicare

25 with which the advanced practice registered nurse contracts, or

26 (3) limit the geographic area or practice location of the

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1 advanced practice registered nurse in this State.

2 (c) In the case of anesthesia services provided by a

3 certified registered nurse anesthetist, an anesthesiologist, a

4 physician, a dentist, or a podiatric physician must participate

5 through discussion of and agreement with the anesthesia plan

6 and remain physically present and available on the premises

7 during the delivery of anesthesia services for diagnosis,

8 consultation, and treatment of emergency medical conditions.

9 (c-5) A certified registered nurse anesthetist, who

10 provides anesthesia services outside of a hospital or

11 ambulatory surgical treatment center shall enter into a written

12 collaborative agreement with an anesthesiologist or the

13 physician licensed to practice medicine in all its branches or

14 the podiatric physician performing the procedure. Outside of a

15 hospital or ambulatory surgical treatment center, the

16 certified registered nurse anesthetist may provide only those

17 services that the collaborating podiatric physician is

18 authorized to provide pursuant to the Podiatric Medical

19 Practice Act of 1987 and rules adopted thereunder. A certified

20 registered nurse anesthetist may select, order, and administer

21 medication, including controlled substances, and apply

22 appropriate medical devices for delivery of anesthesia

23 services under the anesthesia plan agreed with by the

24 anesthesiologist or the operating physician or operating

25 podiatric physician.

26 (c-10) A certified registered nurse anesthetist who

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1 provides anesthesia services in a dental office shall enter

2 into a written collaborative agreement with an

3 anesthesiologist or the physician licensed to practice

4 medicine in all its branches or the operating dentist

5 performing the procedure. The agreement shall describe the

6 working relationship of the certified registered nurse

7 anesthetist and dentist and shall authorize the categories of

8 care, treatment, or procedures to be performed by the certified

9 registered nurse anesthetist. In a collaborating dentist's

10 office, the certified registered nurse anesthetist may only

11 provide those services that the operating dentist with the

12 appropriate permit is authorized to provide pursuant to the

13 Illinois Dental Practice Act and rules adopted thereunder. For

14 anesthesia services, an anesthesiologist, physician, or

15 operating dentist shall participate through discussion of and

16 agreement with the anesthesia plan and shall remain physically

17 present and be available on the premises during the delivery of

18 anesthesia services for diagnosis, consultation, and treatment

19 of emergency medical conditions. A certified registered nurse

20 anesthetist may select, order, and administer medication,

21 including controlled substances, and apply appropriate medical

22 devices for delivery of anesthesia services under the

23 anesthesia plan agreed with by the operating dentist.

24 (d) A copy of the signed, written collaborative agreement

25 must be available to the Department upon request from both the

26 advanced practice registerednurse and the collaborating

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1 physician, dentist, or podiatric physician.

2 (e) Nothing in this Act shall be construed to limit the

3 delegation of tasks or duties by a physician to a licensed

4 practical nurse, a registered professional nurse, or other

5 persons in accordance with Section 54.2 of the Medical Practice

6 Act of 1987. Nothing in this Act shall be construed to limit

7 the method of delegation that may be authorized by any means,

8 including, but not limited to, oral, written, electronic,

9 standing orders, protocols, guidelines, or verbal orders.

10 Nothing in this Act shall be construed to authorize an advanced

11 practice registered nurse to provide health care services

12 required by law or rule to be performed by a physician.

13 (f) An advanced practiceregistered nurse shall inform each

14 collaborating physician, dentist, or podiatric physician of

15 all collaborative agreements he or she has signed and provide a

16 copy of these to any collaborating physician, dentist, or

17 podiatric physician upon request.

18 (g) (Blank).

19 (Source: P.A. 98-192, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756,

20 eff. 7-16-14; 99-173, eff. 7-29-15.)

21 (225 ILCS 65/65-35.1)

22 (Section scheduled to be repealed on January 1, 2018)

23 Sec. 65-35.1. Written collaborative agreement; temporary

24 practice. Any advanced practice registered nurse required to

25 enter into a written collaborative agreement with a

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1 collaborating physician or collaborating podiatrist is

2 authorized to continue to practice for up to 90 days after the

3 termination of a collaborative agreement provided the advanced

4 practice registered nurse seeks any needed collaboration at a

5 local hospital and refers patients who require services beyond

6 the training and experience of the advanced practice registered

7 nurse to a physician or other health care provider.

8 (Source: P.A. 99-173, eff. 7-29-15.)

9 (225 ILCS 65/65-40) (was 225 ILCS 65/15-20)

10 (Section scheduled to be repealed on January 1, 2018)

11 Sec. 65-40. Written collaborative agreement; prescriptive

12 authority.

13 (a) A collaborating physician or podiatric physician may,

14 but is not required to, delegate prescriptive authority to an

15 advanced practice registerednurse as part of a written

16 collaborative agreement. This authority may, but is not

17 required to, include prescription of, selection of, orders for,

18 administration of, storage of, acceptance of samples of, and

19 dispensing over the counter medications, legend drugs, medical

20 gases, and controlled substances categorized as any Schedule

21 III through V controlled substances, as defined in Article II

22 of the Illinois Controlled Substances Act, and other

23 preparations, including, but not limited to, botanical and

24 herbal remedies. The collaborating physician or podiatric

25 physician must have a valid current Illinois controlled

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1 substance license and federal registration to delegate

2 authority to prescribe delegated controlled substances.

3 (b) To prescribe controlled substances under this Section,

4 an advanced practice registerednurse must obtain a mid-level

5 practitioner controlled substance license. Medication orders

6 shall be reviewed periodically by the collaborating physician

7 or podiatric physician.

8 (c) The collaborating physician or podiatric physician

9 shall file with the Department notice of delegation of

10 prescriptive authority and termination of such delegation, in

11 accordance with rules of the Department. Upon receipt of this

12 notice delegating authority to prescribe any Schedule III

13 through V controlled substances, the licensed advanced

14 practice registerednurse shall be eligible to register for a

15 mid-level practitioner controlled substance license under

16 Section 303.05 of the Illinois Controlled Substances Act.

17 (d) In addition to the requirements of subsections (a),

18 (b), and (c) of this Section, a collaborating physician or

19 podiatric physician may, but is not required to, delegate

20 authority to an advanced practice registered nurse to prescribe

21 any Schedule II controlled substances, if all of the following

22 conditions apply:

23 (1) Specific Schedule II controlled substances by oral

24 dosage or topical or transdermal application may be

25 delegated, provided that the delegated Schedule II

26 controlled substances are routinely prescribed by the

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1 collaborating physician or podiatric physician. This

2 delegation must identify the specific Schedule II

3 controlled substances by either brand name or generic name.

4 Schedule II controlled substances to be delivered by

5 injection or other route of administration may not be

6 delegated.

7 (2) Any delegation must be controlled substances that

8 the collaborating physician or podiatric physician

9 prescribes.

10 (3) Any prescription must be limited to no more than a

11 30-day supply, with any continuation authorized only after

12 prior approval of the collaborating physician or podiatric

13 physician.

14 (4) The advanced practice registered nurse must

15 discuss the condition of any patients for whom a controlled

16 substance is prescribed monthly with the delegating

17 physician.

18 (5) The advanced practice registered nurse meets the

19 education requirements of Section 303.05 of the Illinois

20 Controlled Substances Act.

21 (e) Nothing in this Act shall be construed to limit the

22 delegation of tasks or duties by a physician to a licensed

23 practical nurse, a registered professional nurse, or other

24 persons. Nothing in this Act shall be construed to limit the

25 method of delegation that may be authorized by any means,

26 including, but not limited to, oral, written, electronic,

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1 standing orders, protocols, guidelines, or verbal orders.

2 (f) Nothing in this Section shall be construed to apply to

3 any medication authority including Schedule II controlled

4 substances of an advanced practice registered nurse for care

5 provided in a hospital, hospital affiliate, or ambulatory

6 surgical treatment center pursuant to Section 65-45.

7 (g) Any advanced practice registered nurse who writes a

8 prescription for a controlled substance without having a valid

9 appropriate authority may be fined by the Department not more

10 than $50 per prescription, and the Department may take any

11 other disciplinary action provided for in this Act.

12 (h) Nothing in this Section shall be construed to prohibit

13 generic substitution.

14 (Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)

15 (225 ILCS 65/65-45) (was 225 ILCS 65/15-25)

16 (Section scheduled to be repealed on January 1, 2018)

17 Sec. 65-45. Advanced practice registered nursing in

18 hospitals, hospital affiliates, or ambulatory surgical

19 treatment centers.

20 (a) An advanced practice registerednurse may provide

21 services in a hospital or a hospital affiliate as those terms

22 are defined in the Hospital Licensing Act or the University of

23 Illinois Hospital Act or a licensed ambulatory surgical

24 treatment center without a written collaborative agreement

25 pursuant to Section 65-35 of this Act. An advanced practice

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1 registered nurse must possess clinical privileges recommended

2 by the hospital medical staff and granted by the hospital or

3 the consulting medical staff committee and ambulatory surgical

4 treatment center in order to provide services. The medical

5 staff or consulting medical staff committee shall periodically

6 review the services of advanced practice registered nurses

7 granted clinical privileges, including any care provided in a

8 hospital affiliate. Authority may also be granted when

9 recommended by the hospital medical staff and granted by the

10 hospital or recommended by the consulting medical staff

11 committee and ambulatory surgical treatment center to

12 individual advanced practice registered nurses to select,

13 order, and administer medications, including controlled

14 substances, to provide delineated care. In a hospital, hospital

15 affiliate, or ambulatory surgical treatment center, the

16 attending physician shall determine an advanced practice

17 registered nurse's role in providing care for his or her

18 patients, except as otherwise provided in the medical staff

19 bylaws or consulting committee policies.

20 (a-2) An advanced practice registered nurse granted

21 authority to order medications including controlled substances

22 may complete discharge prescriptions provided the prescription

23 is in the name of the advanced practice registered nurse and

24 the attending or discharging physician.

25 (a-3) Advanced practice registered nurses practicing in a

26 hospital or an ambulatory surgical treatment center are not

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1 required to obtain a mid-level controlled substance license to

2 order controlled substances under Section 303.05 of the

3 Illinois Controlled Substances Act.

4 (a-5) For anesthesia services provided by a certified

5 registered nurse anesthetist, an anesthesiologist, physician,

6 dentist, or podiatric physician shall participate through

7 discussion of and agreement with the anesthesia plan and shall

8 remain physically present and be available on the premises

9 during the delivery of anesthesia services for diagnosis,

10 consultation, and treatment of emergency medical conditions,

11 unless hospital policy adopted pursuant to clause (B) of

12 subdivision (3) of Section 10.7 of the Hospital Licensing Act

13 or ambulatory surgical treatment center policy adopted

14 pursuant to clause (B) of subdivision (3) of Section 6.5 of the

15 Ambulatory Surgical Treatment Center Act provides otherwise. A

16 certified registered nurse anesthetist may select, order, and

17 administer medication for anesthesia services under the

18 anesthesia plan agreed to by the anesthesiologist or the

19 physician, in accordance with hospital alternative policy or

20 the medical staff consulting committee policies of a licensed

21 ambulatory surgical treatment center.

22 (b) An advanced practice registerednurse who provides

23 services in a hospital shall do so in accordance with Section

24 10.7 of the Hospital Licensing Act and, in an ambulatory

25 surgical treatment center, in accordance with Section 6.5 of

26 the Ambulatory Surgical Treatment Center Act.

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1 (c) Advanced practice registered nurses certified as nurse

2 practitioners, nurse midwives, or clinical nurse specialists

3 practicing in a hospital affiliate may be, but are not required

4 to be, granted authority to prescribe Schedule II through V

5 controlled substances when such authority is recommended by the

6 appropriate physician committee of the hospital affiliate and

7 granted by the hospital affiliate. This authority may, but is

8 not required to, include prescription of, selection of, orders

9 for, administration of, storage of, acceptance of samples of,

10 and dispensing over-the-counter medications, legend drugs,

11 medical gases, and controlled substances categorized as

12 Schedule II through V controlled substances, as defined in

13 Article II of the Illinois Controlled Substances Act, and other

14 preparations, including, but not limited to, botanical and

15 herbal remedies.

16 To prescribe controlled substances under this subsection

17 (c), an advanced practice registered nurse certified as a nurse

18 practitioner, nurse midwife, or clinical nurse specialist must

19 obtain a mid-level practitioner controlled substance license.

20 Medication orders shall be reviewed periodically by the

21 appropriate hospital affiliate physicians committee or its

22 physician designee.

23 The hospital affiliate shall file with the Department

24 notice of a grant of prescriptive authority consistent with

25 this subsection (c) and termination of such a grant of

26 authority, in accordance with rules of the Department. Upon

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1 receipt of this notice of grant of authority to prescribe any

2 Schedule II through V controlled substances, the licensed

3 advanced practice registered nurse certified as a nurse

4 practitioner, nurse midwife, or clinical nurse specialist may

5 register for a mid-level practitioner controlled substance

6 license under Section 303.05 of the Illinois Controlled

7 Substances Act.

8 In addition, a hospital affiliate may, but is not required

9 to, grant authority to an advanced practice registered nurse

10 certified as a nurse practitioner, nurse midwife, or clinical

11 nurse specialist to prescribe any Schedule II controlled

12 substances, if all of the following conditions apply:

13 (1) specific Schedule II controlled substances by oral

14 dosage or topical or transdermal application may be

15 designated, provided that the designated Schedule II

16 controlled substances are routinely prescribed by advanced

17 practice registered nurses in their area of certification;

18 this grant of authority must identify the specific Schedule

19 II controlled substances by either brand name or generic

20 name; authority to prescribe or dispense Schedule II

21 controlled substances to be delivered by injection or other

22 route of administration may not be granted;

23 (2) any grant of authority must be controlled

24 substances limited to the practice of the advanced practice

25 registered nurse;

26 (3) any prescription must be limited to no more than a

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1 30-day supply;

2 (4) the advanced practice registered nurse must

3 discuss the condition of any patients for whom a controlled

4 substance is prescribed monthly with the appropriate

5 physician committee of the hospital affiliate or its

6 physician designee; and

7 (5) the advanced practice registered nurse must meet

8 the education requirements of Section 303.05 of the

9 Illinois Controlled Substances Act.

10 (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)

11 (225 ILCS 65/65-50) (was 225 ILCS 65/15-30)

12 (Section scheduled to be repealed on January 1, 2018)

13 Sec. 65-50. APRN ~~APN~~ title.

14 (a) No person shall use any words, abbreviations, figures,

15 letters, title, sign, card, or device tending to imply that he

16 or she is an advanced practice registered nurse, including,but

17 not limited to,using the titles or initials "Advanced Practice

18 Registered Nurse", "Certified Nurse Midwife", "Certified Nurse

19 Practitioner", "Certified Registered Nurse Anesthetist",

20 "Clinical Nurse Specialist", "A.P.R.N."~~"A.P.N."~~, "C.N.M.",

21 "C.N.P.", "C.R.N.A.", "C.N.S.", or similar titles or initials,

22 with the intention of indicating practice as an advanced

23 practice registerednurse without meeting the requirements of

24 this Act.For purposes of this provision, the terms "advanced

25 practice nurse" and "A.P.N." are considered to be similar

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1 titles or initials protected by this subsection (a).

2 (b) No advanced practice registered nurse shall indicate to

3 other persons that he or she is qualified to engage in the

4 practice of medicine.

5 (c) An advanced practice registerednurse shall verbally

6 identify himself or herself as an advanced practice registered

7 nurse, including specialty certification, to each patient.

8 (d) Nothing in this Act shall be construed to relieve an

9 advanced practice registerednurse of the professional or legal

10 responsibility for the care and treatment of persons attended

11 by him or her.

12 (Source: P.A. 95-639, eff. 10-5-07.)

13 (225 ILCS 65/65-55) (was 225 ILCS 65/15-40)

14 (Section scheduled to be repealed on January 1, 2018)

15 Sec. 65-55. Advertising as an APRN ~~APN~~.

16 (a) A person licensed under this Act as an advanced

17 practice registerednurse may advertise the availability of

18 professional services in the public media or on the premises

19 where the professional services are rendered. The advertising

20 shall be limited to the following information:

21 (1) publication of the person's name, title, office

22 hours, address, and telephone number;

23 (2) information pertaining to the person's areas of

24 specialization, including, but not limited to, appropriate

25 board certification or limitation of professional

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1 practice;

2 (3) publication of the person's collaborating

3 physician's, dentist's, or podiatric physician's name,

4 title, and areas of specialization;

5 (4) information on usual and customary fees for routine

6 professional services offered, which shall include

7 notification that fees may be adjusted due to complications

8 or unforeseen circumstances;

9 (5) announcements of the opening of, change of, absence

10 from, or return to business;

11 (6) announcement of additions to or deletions from

12 professional licensed staff; and

13 (7) the issuance of business or appointment cards.

14 (b) It is unlawful for a person licensed under this Act as

15 an advanced practice registered nurse to use testimonials or

16 claims of superior quality of care to entice the public. It

17 shall be unlawful to advertise fee comparisons of available

18 services with those of other licensed persons.

19 (c) This Article does not authorize the advertising of

20 professional services that the offeror of the services is not

21 licensed or authorized to render. Nor shall the advertiser use

22 statements that contain false, fraudulent, deceptive, or

23 misleading material or guarantees of success, statements that

24 play upon the vanity or fears of the public, or statements that

25 promote or produce unfair competition.

26 (d) It is unlawful and punishable under the penalty

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1 provisions of this Act for a person licensed under this Article

2 to knowingly advertise that the licensee will accept as payment

3 for services rendered by assignment from any third party payor

4 the amount the third party payor covers as payment in full, if

5 the effect is to give the impression of eliminating the need of

6 payment by the patient of any required deductible or copayment

7 applicable in the patient's health benefit plan.

8 (e) A licensee shall include in every advertisement for

9 services regulated under this Act his or her title as it

10 appears on the license or the initials authorized under this

11 Act.

12 (f) As used in this Section, "advertise" means solicitation

13 by the licensee or through another person or entity by means of

14 handbills, posters, circulars, motion pictures, radio,

15 newspapers, or television or any other manner.

16 (Source: P.A. 98-214, eff. 8-9-13.)

17 (225 ILCS 65/65-65) (was 225 ILCS 65/15-55)

18 (Section scheduled to be repealed on January 1, 2018)

19 Sec. 65-65. Reports relating to APRN ~~APN~~ professional

20 conduct and capacity.

21 (a) Entities Required to Report.

22 (1) Health Care Institutions. The chief administrator

23 or executive officer of a health care institution licensed

24 by the Department of Public Health, which provides the

25 minimum due process set forth in Section 10.4 of the

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1 Hospital Licensing Act, shall report to the Board when an

2 advanced practice registered nurse's organized

3 professional staff clinical privileges are terminated or

4 are restricted based on a final determination, in

5 accordance with that institution's bylaws or rules and

6 regulations, that (i) a person has either committed an act

7 or acts that may directly threaten patient care and that

8 are not of an administrative nature or (ii) that a person

9 may have a mental or physical disability that may endanger

10 patients under that person's care. The chief administrator

11 or officer shall also report if an advanced practice

12 registerednurse accepts voluntary termination or

13 restriction of clinical privileges in lieu of formal action

14 based upon conduct related directly to patient care and not

15 of an administrative nature, or in lieu of formal action

16 seeking to determine whether a person may have a mental or

17 physical disability that may endanger patients under that

18 person's care. The Department~~Board~~ shall provide by rule

19 for the reporting to it of all instances in which a person

20 licensed under this Article, who is impaired by reason of

21 age, drug, or alcohol abuse or physical or mental

22 impairment, is under supervision and, where appropriate,

23 is in a program of rehabilitation. Reports submitted under

24 this subsection shall be strictly confidential and may be

25 reviewed and considered only by the members of the Board or

26 authorized staff as provided by rule of theDepartment

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1 ~~Board~~. Provisions shall be made for the periodic report of

2 the status of any such reported person not less than twice

3 annually in order that the Board shall have current

4 information upon which to determine the status of that

5 person. Initial and periodic reports of impaired advanced

6 practice registerednurses shall not be considered records

7 within the meaning of the State Records Act and shall be

8 disposed of, following a determination by the Board that

9 such reports are no longer required, in a manner and at an

10 appropriate time as the Board shall determine by rule. The

11 filing of reports submitted under this subsection shall be

12 construed as the filing of a report for purposes of

13 subsection (c) of this Section.

14 (2) Professional Associations. The President or chief

15 executive officer of an association or society of persons

16 licensed under this Article, operating within this State,

17 shall report to the Board when the association or society

18 renders a final determination that a person licensed under

19 this Article has committed unprofessional conduct related

20 directly to patient care or that a person may have a mental

21 or physical disability that may endanger patients under the

22 person's care.

23 (3) Professional Liability Insurers. Every insurance

24 company that offers policies of professional liability

25 insurance to persons licensed under this Article, or any

26 other entity that seeks to indemnify the professional

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1 liability of a person licensed under this Article, shall

2 report to the Board the settlement of any claim or cause of

3 action, or final judgment rendered in any cause of action,

4 that alleged negligence in the furnishing of patient care

5 by the licensee when the settlement or final judgment is in

6 favor of the plaintiff.

7 (4) State's Attorneys. The State's Attorney of each

8 county shall report to the Board all instances in which a

9 person licensed under this Article is convicted or

10 otherwise found guilty of the commission of a felony.

11 (5) State Agencies. All agencies, boards, commissions,

12 departments, or other instrumentalities of the government

13 of this State shall report to the Board any instance

14 arising in connection with the operations of the agency,

15 including the administration of any law by the agency, in

16 which a person licensed under this Article has either

17 committed an act or acts that may constitute a violation of

18 this Article, that may constitute unprofessional conduct

19 related directly to patient care, or that indicates that a

20 person licensed under this Article may have a mental or

21 physical disability that may endanger patients under that

22 person's care.

23 (b) Mandatory Reporting. All reports required under items

24 (16) and (17) of subsection (a) of Section 70-5 shall be

25 submitted to the Board in a timely fashion. The reports shall

26 be filed in writing within 60 days after a determination that a

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1 report is required under this Article. All reports shall

2 contain the following information:

3 (1) The name, address, and telephone number of the

4 person making the report.

5 (2) The name, address, and telephone number of the

6 person who is the subject of the report.

7 (3) The name or other means of identification of any

8 patient or patients whose treatment is a subject of the

9 report, except that no medical records may be revealed

10 without the written consent of the patient or patients.

11 (4) A brief description of the facts that gave rise to

12 the issuance of the report, including, but not limited to,

13 the dates of any occurrences deemed to necessitate the

14 filing of the report.

15 (5) If court action is involved, the identity of the

16 court in which the action is filed, the docket number, and

17 date of filing of the action.

18 (6) Any further pertinent information that the

19 reporting party deems to be an aid in the evaluation of the

20 report.

21 Nothing contained in this Section shall be construed to in

22 any way waive or modify the confidentiality of medical reports

23 and committee reports to the extent provided by law. Any

24 information reported or disclosed shall be kept for the

25 confidential use of the Board, the Board's attorneys, the

26 investigative staff, and authorized clerical staff and shall be

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1 afforded the same status as is provided information concerning

2 medical studies in Part 21 of Article VIII of the Code of Civil

3 Procedure.

4 (c) Immunity from Prosecution. An individual or

5 organization acting in good faith, and not in a willful ~~wilful~~

6 and wanton manner, in complying with this Section by providing

7 a report or other information to the Board, by assisting in the

8 investigation or preparation of a report or information, by

9 participating in proceedings of the Board, or by serving as a

10 member of the Board shall not, as a result of such actions, be

11 subject to criminal prosecution or civil damages.

12 (d) Indemnification. Members of the Board, the Board's

13 attorneys, the investigative staff, advanced practice

14 registerednurses or physicians retained under contract to

15 assist and advise in the investigation, and authorized clerical

16 staff shall be indemnified by the State for any actions (i)

17 occurring within the scope of services on the Board, (ii)

18 performed in good faith, and (iii) not willful ~~wilful~~ and

19 wanton in nature. The Attorney General shall defend all actions

20 taken against those persons unless he or she determines either

21 that there would be a conflict of interest in the

22 representation or that the actions complained of were not

23 performed in good faith or were willful ~~wilful~~and wanton in

24 nature. If the Attorney General declines representation, the

25 member shall have the right to employ counsel of his or her

26 choice, whose fees shall be provided by the State, after

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1 approval by the Attorney General, unless there is a

2 determination by a court that the member's actions were not

3 performed in good faith or were willful ~~wilful~~ and wanton in

4 nature. The member shall notify the Attorney General within 7

5 days of receipt of notice of the initiation of an action

6 involving services of the Board. Failure to so notify the

7 Attorney General shall constitute an absolute waiver of the

8 right to a defense and indemnification. The Attorney General

9 shall determine within 7 days after receiving the notice

10 whether he or she will undertake to represent the member.

11 (e) Deliberations of Board. Upon the receipt of a report

12 called for by this Section, other than those reports of

13 impaired persons licensed under this Article required pursuant

14 to the rules of the Board, the Board shall notify in writing by

15 certified or registered mail or by email to the email address

16 of recordthe person who is the subject of the report. The

17 notification shall be made within 30 days of receipt by the

18 Board of the report. The notification shall include a written

19 notice setting forth the person's right to examine the report.

20 Included in the notification shall be the address at which the

21 file is maintained, the name of the custodian of the reports,

22 and the telephone number at which the custodian may be reached.

23 The person who is the subject of the report shall submit a

24 written statement responding to, clarifying, adding to, or

25 proposing to amend the report previously filed. The statement

26 shall become a permanent part of the file and shall be received

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1 by the Board no more than 30 days after the date on which the

2 person was notified of the existence of the original report.

3 The Board shall review all reports received by it and any

4 supporting information and responding statements submitted by

5 persons who are the subject of reports. The review by the Board

6 shall be in a timely manner but in no event shall the Board's

7 initial review of the material contained in each disciplinary

8 file be less than 61 days nor more than 180 days after the

9 receipt of the initial report by the Board. When the Board

10 makes its initial review of the materials contained within its

11 disciplinary files, the Board shall, in writing, make a

12 determination as to whether there are sufficient facts to

13 warrant further investigation or action. Failure to make that

14 determination within the time provided shall be deemed to be a

15 determination that there are not sufficient facts to warrant

16 further investigation or action. Should the Board find that

17 there are not sufficient facts to warrant further investigation

18 or action, the report shall be accepted for filing and the

19 matter shall be deemed closed and so reported. The individual

20 or entity filing the original report or complaint and the

21 person who is the subject of the report or complaint shall be

22 notified in writing by the Board of any final action on their

23 report or complaint.

24 (f) (Blank). ~~Summary Reports. The Board shall prepare, on a~~

25 ~~timely basis, but in no event less than one every other month,~~

26 ~~a summary report of final actions taken upon disciplinary files~~

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1 ~~maintained by the Board. The summary reports shall be made~~

2 ~~available to the public upon request and payment of the fees~~

3 ~~set by the Department. This publication may be made available~~

4 ~~to the public on the Department's Internet website.~~

5 (g) Any violation of this Section shall constitute a Class

6 A misdemeanor.

7 (h) If a person violates the provisions of this Section, an

8 action may be brought in the name of the People of the State of

9 Illinois, through the Attorney General of the State of

10 Illinois, for an order enjoining the violation or for an order

11 enforcing compliance with this Section. Upon filing of a

12 ~~verified~~petition in court, the court may issue a temporary

13 restraining order without notice or bond and may preliminarily

14 or permanently enjoin the violation, and if it is established

15 that the person has violated or is violating the injunction,

16 the court may punish the offender for contempt of court.

17 Proceedings under this subsection shall be in addition to, and

18 not in lieu of, all other remedies and penalties provided for

19 by this Section.

20 (Source: P.A. 99-143, eff. 7-27-15.)

21 (225 ILCS 65/70-5) (was 225 ILCS 65/10-45)

22 (Section scheduled to be repealed on January 1, 2018)

23 Sec. 70-5. Grounds for disciplinary action.

24 (a) The Department may refuse to issue or to renew, or may

25 revoke, suspend, place on probation, reprimand, or take other

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1 disciplinary or non-disciplinary action as the Department may

2 deem appropriate, including fines not to exceed $10,000 per

3 violation, with regard to a license for any one or combination

4 of the causes set forth in subsection (b) below. All fines

5 collected under this Section shall be deposited in the Nursing

6 Dedicated and Professional Fund.

7 (b) Grounds for disciplinary action include the following:

8 (1) Material deception in furnishing information to

9 the Department.

10 (2) Material violations of any provision of this Act or

11 violation of the rules of or final administrative action of

12 the Secretary, after consideration of the recommendation

13 of the Board.

14 (3) Conviction by plea of guilty or nolo contendere,

15 finding of guilt, jury verdict, or entry of judgment or by

16 sentencing of any crime, including, but not limited to,

17 convictions, preceding sentences of supervision,

18 conditional discharge, or first offender probation, under

19 the laws of any jurisdiction of the United States: (i) that

20 is a felony; or (ii) that is a misdemeanor, an essential

21 element of which is dishonesty, or that is directly related

22 to the practice of the profession.

23 (4) A pattern of practice or other behavior which

24 demonstrates incapacity or incompetency to practice under

25 this Act.

26 (5) Knowingly aiding or assisting another person in

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1 violating any provision of this Act or rules.

2 (6) Failing, within 90 days, to provide a response to a

3 request for information in response to a written request

4 made by the Department by certifiedor registered mail or

5 by email to the email address of record.

6 (7) Engaging in dishonorable, unethical or

7 unprofessional conduct of a character likely to deceive,

8 defraud or harm the public, as defined by rule.

9 (8) Unlawful taking, theft, selling, distributing, or

10 manufacturing of any drug, narcotic, or prescription

11 device.

12 (9) Habitual or excessive use or addiction to alcohol,

13 narcotics, stimulants, or any other chemical agent or drug

14 that could result in a licensee's inability to practice

15 with reasonable judgment, skill or safety.

16 (10) Discipline by another U.S. jurisdiction or

17 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 (11) A finding that the licensee, after having her or

21 his license placed on probationary status or subject to

22 conditions or restrictions, has violated the terms of

23 probation or failed to comply with such terms or

24 conditions.

25 (12) Being named as a perpetrator in an indicated

26 report by the Department of Children and Family Services

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1 and under the Abused and Neglected Child Reporting Act, and

2 upon proof by clear and convincing evidence that the

3 licensee has caused a child to be an abused child or

4 neglected child as defined in the Abused and Neglected

5 Child Reporting Act.

6 (13) Willful omission to file or record, or willfully

7 impeding the filing or recording or inducing another person

8 to omit to file or record medical reports as required by

9 law.

10 (13.5) Willfully ~~or willfully~~failing to report an

11 instance of suspected child abuse or neglect as required by

12 the Abused and Neglected Child Reporting Act.

13 (14) Gross negligence in the practice of practical,

14 professional, or advanced practice registered nursing.

15 (15) Holding oneself out to be practicing nursing under

16 any name other than one's own.

17 (16) Failure of a licensee to report to the Department

18 any adverse final action taken against him or her by

19 another licensing jurisdiction of the United States or any

20 foreign state or country, any peer review body, any health

21 care institution, any professional or nursing society or

22 association, any governmental agency, any law enforcement

23 agency, or any court or a nursing liability claim related

24 to acts or conduct similar to acts or conduct that would

25 constitute grounds for action as defined in this Section.

26 (17) Failure of a licensee to report to the Department

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1 surrender by the licensee of a license or authorization to

2 practice nursing or advanced practice registered nursing

3 in another state or jurisdiction or current surrender by

4 the licensee of membership on any nursing staff or in any

5 nursing or advanced practice registered nursing or

6 professional association or society while under

7 disciplinary investigation by any of those authorities or

8 bodies for acts or conduct similar to acts or conduct that

9 would constitute grounds for action as defined by this

10 Section.

11 (18) Failing, within 60 days, to provide information in

12 response to a written request made by the Department.

13 (19) Failure to establish and maintain records of

14 patient care and treatment as required by law.

15 (20) Fraud, deceit or misrepresentation in applying

16 for or procuring a license under this Act or in connection

17 with applying for renewal of a license under this Act.

18 (21) Allowing another person or organization to use the

19 licensees' license to deceive the public.

20 (22) Willfully making or filing false records or

21 reports in the licensee's practice, including but not

22 limited to false records to support claims against the

23 medical assistance program of the Department of Healthcare

24 and Family Services (formerly Department of Public Aid)

25 under the Illinois Public Aid Code.

26 (23) Attempting to subvert or cheat on a licensing

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1 examination administered under this Act.

2 (24) Immoral conduct in the commission of an act,

3 including, but not limited to, sexual abuse, sexual

4 misconduct, or sexual exploitation, related to the

5 licensee's practice.

6 (25) Willfully or negligently violating the

7 confidentiality between nurse and patient except as

8 required by law.

9 (26) Practicing under a false or assumed name, except

10 as provided by law.

11 (27) The use of any false, fraudulent, or deceptive

12 statement in any document connected with the licensee's

13 practice.

14 (28) Directly or indirectly giving to or receiving from

15 a person, firm, corporation, partnership, or association a

16 fee, commission, rebate, or other form of compensation for

17 professional services not actually or personally rendered.

18 Nothing in this paragraph (28) affects any bona fide

19 independent contractor or employment arrangements among

20 health care professionals, health facilities, health care

21 providers, or other entities, except as otherwise

22 prohibited by law. Any employment arrangements may include

23 provisions for compensation, health insurance, pension, or

24 other employment benefits for the provision of services

25 within the scope of the licensee's practice under this Act.

26 Nothing in this paragraph (28) shall be construed to

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1 require an employment arrangement to receive professional

2 fees for services rendered.

3 (29) A violation of the Health Care Worker

4 Self-Referral Act.

5 (30) Physical illness, ~~including but not limited to~~

6 ~~deterioration through the aging process or loss of motor~~

7 ~~skill,~~mental illness, or disability that results in the

8 inability to practice the profession with reasonable

9 judgment, skill, or safety.

10 (31) Exceeding the terms of a collaborative agreement

11 or the prescriptive authority delegated to a licensee by

12 his or her collaborating physician or podiatric physician

13 in guidelines established under a written collaborative

14 agreement.

15 (32) Making a false or misleading statement regarding a

16 licensee's skill or the efficacy or value of the medicine,

17 treatment, or remedy prescribed by him or her in the course

18 of treatment.

19 (33) Prescribing, selling, administering,

20 distributing, giving, or self-administering a drug

21 classified as a controlled substance (designated product)

22 or narcotic for other than medically accepted therapeutic

23 purposes.

24 (34) Promotion of the sale of drugs, devices,

25 appliances, or goods provided for a patient in a manner to

26 exploit the patient for financial gain.

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1 (35) Violating State or federal laws, rules, or

2 regulations relating to controlled substances.

3 (36) Willfully or negligently violating the

4 confidentiality between an advanced practice registered

5 nurse, collaborating physician, dentist, or podiatric

6 physician and a patient, except as required by law.

7 (37) Willfully failing to report an instance of

8 suspected abuse, neglect, financial exploitation, or

9 self-neglect of an eligible adult as defined in and

10 required by the Adult Protective Services Act.

11 (38) Being named as an abuser in a verified report by

12 the Department on Aging and under the Adult Protective

13 Services Act, and upon proof by clear and convincing

14 evidence that the licensee abused, neglected, or

15 financially exploited an eligible adult as defined in the

16 Adult Protective Services Act.

17 (39) ~~(37)~~ A violation of any provision of this Act or

18 any rules adopted ~~promulgated~~ under this Act.

19 (c) The determination by a circuit court that a licensee is

20 subject to involuntary admission or judicial admission as

21 provided in the Mental Health and Developmental Disabilities

22 Code, as amended, operates as an automatic suspension. The

23 suspension will end only upon a finding by a court that the

24 patient is no longer subject to involuntary admission or

25 judicial admission and issues an order so finding and

26 discharging the patient; and upon the recommendation of the

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1 Board to the Secretary that the licensee be allowed to resume

2 his or her practice.

3 (d) The Department may refuse to issue or may suspend or

4 otherwise discipline the license of any person who fails to

5 file a return, or to pay the tax, penalty or interest shown in

6 a filed return, or to pay any final assessment of the tax,

7 penalty, or interest as required by any tax Act administered by

8 the Department of Revenue, until such time as the requirements

9 of any such tax Act are satisfied.

10 (e) In enforcing this Act, the Department ~~or Board~~, upon a

11 showing of a possible violation, may compel an individual

12 licensed to practice under this Act or who has applied for

13 licensure under this Act, to submit to a mental or physical

14 examination, or both, as required by and at the expense of the

15 Department. The Department ~~or Board~~ may order the examining

16 physician to present testimony concerning the mental or

17 physical examination of the licensee or applicant. No

18 information shall be excluded by reason of any common law or

19 statutory privilege relating to communications between the

20 licensee or applicant and the examining physician. The

21 examining physicians shall be specifically designated by the

22 ~~Board or~~Department. The individual to be examined may have, at

23 his or her own expense, another physician of his or her choice

24 present during all aspects of this examination. Failure of an

25 individual to submit to a mental or physical examination, when

26 directed, shall result in an automatic suspension without

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1 hearing.

2 All substance-related violations shall mandate an

3 automatic substance abuse assessment. Failure to submit to an

4 assessment by a licensed physician who is certified as an

5 addictionist or an advanced practice registered nurse with

6 specialty certification in addictions may be grounds for an

7 automatic suspension, as defined by rule.

8 If the Department ~~or Board~~ finds an individual unable to

9 practice or unfit for duty because of the reasons set forth in

10 this subsection (e) ~~Section~~, the Department ~~or Board~~ may

11 require that individual to submit to a substance abuse

12 evaluation or treatment by individuals or programs approved or

13 designated by the Department ~~or Board~~, as a condition, term, or

14 restriction for continued,restored~~reinstated~~, or renewed

15 licensure to practice; or, in lieu of evaluation or treatment,

16 the Department may file, or the Board may recommend to the

17 Department to file, a complaint to immediately suspend, revoke,

18 or otherwise discipline the license of the individual. An

19 individual whose license was granted, continued,restored

20 ~~reinstated~~, renewed, disciplined or supervised subject to such

21 terms, conditions, or restrictions, and who fails to comply

22 with such terms, conditions, or restrictions, shall be referred

23 to the Secretary for a determination as to whether the

24 individual shall have his or her license suspended immediately,

25 pending a hearing by the Department.

26 In instances in which the Secretary immediately suspends a

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1 person's license under thissubsection (e) ~~Section~~, a hearing

2 on that person's license must be convened by the Department

3 within 15 days after the suspension and completed without

4 appreciable delay. The Department and Board shall have the

5 authority to review the subject individual's record of

6 treatment and counseling regarding the impairment to the extent

7 permitted by applicable federal statutes and regulations

8 safeguarding the confidentiality of medical records.

9 An individual licensed under this Act and affected under

10 this subsection (e) ~~Section~~shall be afforded an opportunity to

11 demonstrate to the Department that he or she can resume

12 practice in compliance with nursing standards under the

13 provisions of his or her license.

14 (Source: P.A. 98-214, eff. 8-9-13.)

15 (225 ILCS 65/70-10) (was 225 ILCS 65/10-50)

16 (Section scheduled to be repealed on January 1, 2018)

17 Sec. 70-10. Intoxication and drug abuse.

18 (a) Any nurse who is an administrator or officer in any

19 hospital, nursing home, other health care agency or facility,

20 or nurse agency and has knowledge of any action or condition

21 which reasonably indicates that a registered professional

22 nurse or licensed practical nurse is impaired due to the use of

23 alcohol or mood altering drugs to the extent that such

24 impairment adversely affects such nurse's professional

25 performance, or unlawfully possesses, uses, distributes or

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1 converts mood altering drugs belonging to the place of

2 employment, shall promptly report the individual to the

3 Department or designee of the Department; provided however, an

4 administrator or officer need not file the report if the nurse

5 participates in a course of remedial professional counseling or

6 medical treatment for substance abuse, as long as such nurse

7 actively pursues such treatment under monitoring by the

8 administrator or officer or by the hospital, nursing home,

9 health care agency or facility, or nurse agency and the nurse

10 continues to be employed by such hospital, nursing home, health

11 care agency or facility, or nurse agency. The Department shall

12 review all reports received by it in a timely manner. Its

13 initial review shall be completed no later than 60 days after

14 receipt of the report. Within this 60 day period, the

15 Department shall, in writing, make a determination as to

16 whether there are sufficient facts to warrant further

17 investigation or action. Any nurse participating in mandatory

18 reporting to the Department under this Section or in good faith

19 assisting another person in making such a report shall have

20 immunity from any liability, either criminal or civil, that

21 might result by reason of such action.

22 Should the Department find insufficient facts to warrant

23 further investigation, or action, the report shall be accepted

24 for filing and the matter shall be deemed closed and so

25 reported.

26 Should the Department find sufficient facts to warrant

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1 further investigation, such investigation shall be completed

2 within 60 days of the date of the determination of sufficient

3 facts to warrant further investigation or action. Final action

4 shall be determined no later than 30 days after the completion

5 of the investigation. If there is a finding which verifies

6 habitual intoxication or drug addiction which adversely

7 affects professional performance or the unlawful possession,

8 use, distribution or conversion of habit-forming drugs by the

9 reported nurse, the Department may refuse to issue or renew or

10 may suspend or revoke that nurse's license as a registered

11 professional nurse or a licensed practical nurse.

12 Any of the aforementioned actions or a determination that

13 there are insufficient facts to warrant further investigation

14 or action shall be considered a final action. The nurse

15 administrator or officer who filed the original report or

16 complaint, and the nurse who is the subject of the report,

17 shall be notified in writing by the Department within 15 days

18 of any final action taken by the Department.

19 (b) (Blank). ~~Each year on March 1, the Department shall~~

20 ~~submit a report to the General Assembly. The report shall~~

21 ~~include the number of reports made under this Section to the~~

22 ~~Department during the previous year, the number of reports~~

23 ~~reviewed and found insufficient to warrant further~~

24 ~~investigation, the number of reports not completed and the~~

25 ~~reasons for incompletion. This report shall be made available~~

26 ~~also to nurses requesting the report.~~

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1 (c) Any person making a report under this Section or in

2 good faith assisting another person in making such a report

3 shall have immunity from any liability, either criminal or

4 civil, that might result by reason of such action. For the

5 purpose of any legal proceeding, criminal or civil, there shall

6 be a rebuttable presumption that any person making a report

7 under this Section or assisting another person in making such

8 report was acting in good faith. All such reports and any

9 information disclosed to or collected by the Department

10 pursuant to this Section shall remain confidential records of

11 the Department and shall not be disclosed nor be subject to any

12 law or rule ~~regulation~~of this State relating to freedom of

13 information or public disclosure of records.

14 (Source: P.A. 95-639, eff. 10-5-07.)

15 (225 ILCS 65/70-20) (was 225 ILCS 65/20-13)

16 (Section scheduled to be repealed on January 1, 2018)

17 Sec. 70-20. Suspension of license ~~or registration~~ for

18 failure to pay restitution. The Department, without further

19 process or hearing, shall suspend the license or other

20 authorization to practice of any person issued under this Act

21 who has been certified by court order as not having paid

22 restitution to a person under Section 8A-3.5 of the Illinois

23 Public Aid Code or under Section 17-10.5 or 46-1 of the

24 Criminal Code of 1961 or the Criminal Code of 2012. A person

25 whose license or other authorization to practice is suspended

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1 under this Section is prohibited from practicing until the

2 restitution is made in full.

3 (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

4 (225 ILCS 65/70-35) (was 225 ILCS 65/20-31)

5 (Section scheduled to be repealed on January 1, 2018)

6 Sec. 70-35. Licensure requirements; internet site. The

7 Department shall make available to the public the requirements

8 for licensure ~~in English and Spanish~~ on the internet through

9 the Department's World Wide Web site. This information shall

10 include the requirements for licensure of individuals

11 currently residing in another state or territory of the United

12 States or a foreign country, territory, or province. The

13 Department shall establish an e-mail link to the Department for

14 information on the requirements for licensure~~, with replies~~

15 ~~available in English and Spanish~~.

16 (Source: P.A. 95-639, eff. 10-5-07.)

17 (225 ILCS 65/70-40) (was 225 ILCS 65/20-32)

18 (Section scheduled to be repealed on January 1, 2018)

19 Sec. 70-40. Educational resources; internet link. The

20 Department may ~~shall~~work with the Board, the Board of Higher

21 Education, the Illinois Student Assistance Commission,

22 Statewide organizations, and community-based organizations to

23 develop a list of Department-approved nursing programs and

24 other educational resources related to the Test of English as a

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1 Foreign Language and the Commission on Graduates of Foreign

2 Nursing Schools Examination. The Department shall provide a

3 link to a list of these resources~~, in English and Spanish,~~ on

4 the Department's World Wide Web site.

5 (Source: P.A. 95-639, eff. 10-5-07.)

6 (225 ILCS 65/70-50) (was 225 ILCS 65/20-40)

7 (Section scheduled to be repealed on January 1, 2018)

8 Sec. 70-50. Fund.

9 (a) There is hereby created within the State Treasury the

10 Nursing Dedicated and Professional Fund. The monies in the Fund

11 may be used by and at the direction of the Department for the

12 administration and enforcement of this Act, including, but not

13 limited to:

14 (1) Distribution and publication of this Act and rules.

15 (2) Employment of secretarial, nursing,

16 administrative, enforcement, and other staff for the

17 administration of this Act.

18 (b) Disposition of fees:

19 (1) $5 of every licensure fee shall be placed in a fund

20 for assistance to nurses enrolled in a diversionary program

21 as approved by the Department.

22 (2) All of the fees, fines, and penalties collected

23 pursuant to this Act shall be deposited in the Nursing

24 Dedicated and Professional Fund.

25 (3) Each fiscal year, the moneys deposited in the

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1 Nursing Dedicated and Professional Fund shall be

2 appropriated to the Department for expenses of the

3 Department and the Board in the administration of this Act.

4 All earnings received from investment of moneys in the

5 Nursing Dedicated and Professional Fund shall be deposited

6 in the Nursing Dedicated and Professional Fund and shall be

7 used for the same purposes as fees deposited in the Fund.

8 (4) For the fiscal year beginning July 1, 2009 and for

9 each fiscal year thereafter, $2,000,000 of the moneys

10 deposited in the Nursing Dedicated and Professional Fund

11 each year shall be set aside and appropriated to the

12 Department of Public Health for nursing scholarships

13 awarded pursuant to the Nursing Education Scholarship Law.

14 ~~Representatives of the Department and the Nursing~~

15 ~~Education Scholarship Program Advisory Council shall~~

16 ~~review this requirement and the scholarship awards every 2~~

17 ~~years.~~

18 (5) Moneys in the Fund may be transferred to the

19 Professions Indirect Cost Fund as authorized under Section

20 2105-300 of the Department of Professional Regulation Law

21 (20 ILCS 2105/2105-300).

22 (c) Moneys set aside for nursing scholarships awarded

23 pursuant to the Nursing Education Scholarship Law as provided

24 in item (4) of subsection (b) of this Section may not be

25 transferred under Section 8h of the State Finance Act.

26 (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;

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1 96-328, eff. 8-11-09; 96-805, eff. 10-30-09.)

2 (225 ILCS 65/70-60) (was 225 ILCS 65/20-55)

3 (Section scheduled to be repealed on January 1, 2018)

4 Sec. 70-60. Summary suspension; imminent danger.The

5 Secretary of the Department may, upon receipt of a written

6 communication from the Secretary of Human Services, the

7 Director of Healthcare and Family Services (formerly Director

8 of Public Aid), or the Director of Public Health that

9 continuation of practice of a person licensed under this Act

10 constitutes an immediate danger to the public, immediately

11 suspend the license of such person without a hearing. In

12 instances in which the Secretary immediately suspends a license

13 under this Section, a hearing upon such person's license must

14 be convened by the Department within 30 days after such

15 suspension and completed without appreciable delay, such

16 hearing held to determine whether to recommend to the Secretary

17 that the person's license be revoked, suspended, placed on

18 probationary status or restored ~~reinstated~~, or such person be

19 subject to other disciplinary action. In such hearing, the

20 written communication and any other evidence submitted

21 therewith may be introduced as evidence against such person;

22 provided, however, the person, or his or her counsel, shall

23 have the opportunity to discredit or impeach and submit

24 evidence rebutting such evidence.

25 (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)

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1 (225 ILCS 65/70-75) (was 225 ILCS 65/20-75)

2 (Section scheduled to be repealed on January 1, 2018)

3 Sec. 70-75. Injunctive remedies.

4 (a) If any person violates the provision of this Act, the

5 Secretary may, in the name of the People of the State of

6 Illinois, through the Attorney General of the State of

7 Illinois, or the State's Attorney of any county in which the

8 action is brought, petition for an order enjoining such

9 violation or for an order enforcing compliance with this Act.

10 Upon the filing of a~~verified~~ petition in court, the court may

11 issue a temporary restraining order, without notice or bond,

12 and may preliminarily and permanently enjoin such violation,

13 and if it is established that such person has violated or is

14 violating the injunction, the court may punish the offender for

15 contempt of court. Proceedings under this Section shall be in

16 addition to, and not in lieu of, all other remedies and

17 penalties provided by this Act.

18 (b) If any person shall practice as a nurse or hold herself

19 or himself out as a nurse without being licensed under the

20 provisions of this Act, then any licensed nurse, any interested

21 party, or any person injured thereby may, in addition to the

22 Secretary, petition for relief as provided in subsection (a) of

23 this Section.

24 (b-5) Whoever knowingly practices or offers to practice

25 nursing in this State without a license for that purpose shall

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1 be guilty of a Class A misdemeanor and for each subsequent

2 conviction, shall be guilty of a Class 4 felony. All criminal

3 fines, monies, or other property collected or received by the

4 Department under this Section or any other State or federal

5 statute, including, but not limited to, property forfeited to

6 the Department under Section 505 of the Illinois Controlled

7 Substances Act or Section 85 of the Methamphetamine Control and

8 Community Protection Act, shall be deposited into the

9 Professional Regulation Evidence Fund.

10 (c) Whenever in the opinion of the Department any person

11 violates any provision of this Act, the Department may issue a

12 rule to show cause why an order to cease and desist should not

13 be entered against him. The rule shall clearly set forth the

14 grounds relied upon by the Department and shall provide a

15 period of 7 days from the date of the rule to file an answer to

16 the satisfaction of the Department. Failure to answer to the

17 satisfaction of the Department shall cause an order to cease

18 and desist to be issued forthwith.

19 (Source: P.A. 94-556, eff. 9-11-05; 95-639, eff. 10-5-07.)

20 (225 ILCS 65/70-80) (was 225 ILCS 65/20-80)

21 (Section scheduled to be repealed on January 1, 2018)

22 Sec. 70-80. Investigation; notice; hearing.

23 (a) The ~~Prior to bringing an action before the Board, the~~

24 Department may investigate the actions of any applicant or of

25 any person or persons holding or claiming to hold a license

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1 under this Act.

2 (b)The Department shall, before~~suspending, revoking,~~

3 ~~placing on probationary status, or taking any other~~

4 ~~disciplinary action as the Department may deem proper with~~

5 ~~regard to any license~~ disciplining a license under this Section

6 or refusing to issue a license, at least 30 days prior to the

7 date set for the hearing,(i) notify the accused in writing of

8 any charges made and the time and place forthe ~~a~~ hearing of

9 the charges ~~before the Board~~, (ii)direct her or him to file a

10 written answer to the charges ~~thereto to the Board~~under oath

11 within 20 days after~~the~~ service; ~~of such notice~~ and (iii)

12 inform the applicant or licensee that failure ~~if she or he~~

13 ~~fails~~ to ~~file such~~ answer will result in a default being

14 entered ~~default will be taken~~ against the applicant or

15 licensee. As a result of the default, ~~and~~such license may be

16 suspended, revoked, placed on probationary status, or have

17 other disciplinary action, including limiting the scope,

18 nature or extent of her or his practice, as the Department may

19 deem proper taken with regard thereto. ~~Such written notice may~~

20 ~~be served by personal delivery or certified or registered mail~~

21 ~~to the respondent at the address of her or his last~~

22 ~~notification to the Department.~~

23 (c)At the time and place fixed in the notice, the

24 Department shall proceed to hear the charges and the parties or

25 their counsel shall be accorded ample opportunity to present

26 any pertinent ~~such~~ statements, testimony, evidence and

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1 arguments. ~~argument as may be pertinent to the charges or to~~

2 ~~the defense to the charges.~~The Department may continue a

3 hearing from time to time. In case the accused person, after

4 receiving notice, fails to file an answer, her or his license

5 may in the discretion of the Secretary, having received first

6 the recommendation of the Board, be suspended, revoked, placed

7 on probationary status, or be subject to whatever disciplinary

8 action the Secretary considers proper ~~the Secretary may take~~

9 ~~whatever disciplinary action as he or she may deem proper~~,

10 including limiting the scope, nature, or extent of said

11 person's practice or the imposition of a fine, without a

12 hearing, if the act or acts charged constitute sufficient

13 grounds for such action under this Act.

14 (d) The written notice and any notice in the subsequent

15 proceeding may be served by personal delivery or regular or

16 certified mail to the respondent at the respondent's address of

17 record or by email to the respondent's email address of record.

18 (e) The Secretary has the authority to appoint any attorney

19 licensed to practice law in the State of Illinois to serve as

20 the hearing officer in any action for refusal to issue,

21 restore, or renew a license or to discipline a licensee. The

22 hearing officer has full authority to conduct the hearing. The

23 Board may have a member or members present at any hearing. The

24 Board members shall have equal or greater licensing

25 qualifications than those of the licensee being prosecuted.

26 (Source: P.A. 95-639, eff. 10-5-07.)

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1 (225 ILCS 65/70-81 new)

2 Sec. 70-81. Confidentiality. All information collected by

3 the Department in the course of an examination or investigation

4 of a licensee or applicant, including, but not limited to, any

5 complaint against a licensee filed with the Department and

6 information collected to investigate any such complaint, shall

7 be maintained for the confidential use of the Department and

8 shall not be disclosed. The Department may not disclose the

9 information to anyone other than law enforcement officials,

10 other regulatory agencies that have an appropriate regulatory

11 interest as determined by the Secretary of the Department, or a

12 party presenting a lawful subpoena to the Department.

13 Information and documents disclosed to a federal, State,

14 county, or local law enforcement agency shall not be disclosed

15 by the agency for any purpose to any other agency or person. A

16 formal complaint filed by the Department against a licensee or

17 applicant shall be a public record, except as otherwise

18 prohibited by law.

19 (225 ILCS 65/70-85) (was 225 ILCS 65/20-85)

20 (Section scheduled to be repealed on January 1, 2018)

21 Sec. 70-85. Stenographer; transcript. The Department, at

22 its expense, shall provide a stenographer to take down the

23 testimony and preserve a record of all formal hearing

24 proceedings if a license may be revoked, suspended, or placed

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1 on probationary status or other disciplinary action may be

2 taken ~~at the hearing of any case wherein any disciplinary~~

3 ~~action is taken regarding a license~~. Any licensee who is found

4 to have violated this Act or who fails to appear for a hearing

5 to refuse to issue, restore, or renew a license or to

6 discipline a license may be required by the Department to pay

7 for the costs of the proceeding. These costs are limited to

8 costs for court reporters, transcripts, and witness attendance

9 and mileage fees. The Secretary may waive payment of costs by a

10 licensee in whole or in part where there is an undue financial

11 hardship. The notice of hearing, complaint and all other

12 documents in the nature of pleadings and written motions filed

13 in the proceedings, the transcript of testimony, the report of

14 the Board and the orders of the Department shall be the record

15 of the proceedings. The Department shall furnish a transcript

16 of the record to any person interested in the hearing upon

17 payment of the fee required under Section 2105-115 of the

18 Department of Professional Regulation Law (20 ILCS

19 2105/2105-115).

20 (Source: P.A. 95-639, eff. 10-5-07.)

21 (225 ILCS 65/70-100) (was 225 ILCS 65/20-100)

22 (Section scheduled to be repealed on January 1, 2018)

23 Sec. 70-100. Hearing; findings and recommendations;

24 rehearing ~~Board report~~.

25 (a) The Board or the hearing officer authorized by the

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1 Department shall hear evidence in support of the formal charges

2 and evidence produced by the licensee. At the conclusion of the

3 hearing the Board shall present to the Secretary a written

4 report of its findings of fact, conclusions of law, and

5 recommendations. The report shall contain a finding whether or

6 not the accused person violated this Act or failed to comply

7 with the conditions required in this Act. The report shall

8 specify the nature of the violation or failure to comply, and

9 the Board shall make its recommendations to the Secretary.

10 (b) At the conclusion of the hearing, a copy of the Board's

11 or hearing officer's report shall be served upon the applicant

12 or licensee by the Department, either personally or as provided

13 in this Act for the service of a notice of hearing. Within 20

14 calendar days after service, the applicant or licensee may

15 present to the Department a motion in writing for a rehearing,

16 which shall specify the particular grounds for hearing. The

17 Department shall respond to the motion for rehearing within 20

18 calendar days after its service on the Department. If no motion

19 for rehearing is filed, then upon the expiration of the time

20 specified for filing such a motion, or upon denial of a motion

21 for rehearing, the Secretary may enter an order in accordance

22 with the recommendations of the Board or hearing officer. If

23 the applicant or licensee orders from the reporting service and

24 pays for a transcript of the record within the time for filing

25 a motion for rehearing, the 20-day period within which a motion

26 may be filed shall commence upon the delivery of the transcript

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1 to the applicant or licensee.

2 (c) If the Secretary disagrees in any regard with the

3 report of the Board, the Secretary may issue an order contrary

4 to the report. ~~The report of findings of fact, conclusions of~~

5 ~~law, and recommendation of the Board shall be the basis for the~~

6 ~~Department's order of refusal or for the granting of a license~~

7 ~~or permit unless the Secretary shall determine that the report~~

8 ~~is contrary to the manifest weight of the evidence, in which~~

9 ~~case the Secretary may issue an order in contravention of the~~

10 ~~report.~~The findings are not admissible in evidence against the

11 person in a criminal prosecution brought for the violation of

12 this Act, but the hearing and findings are not a bar to a

13 criminal prosecution brought for the violation of this Act.

14 (d) Whenever the Secretary is not satisfied that

15 substantial justice has been done, the Secretary may order a

16 rehearing by the same or another hearing officer.

17 (e) All proceedings under this Section are matters of

18 public record and shall be preserved.

19 (f) Upon the suspension or revocation of a license, the

20 licensee shall surrender the license to the Department, and,

21 upon failure to do so, the Department shall seize the same.

22 (Source: P.A. 95-639, eff. 10-5-07.)

23 (225 ILCS 65/70-103 new)

24 Sec. 70-103. Disposition by consent order. At any point in

25 any investigation or disciplinary proceeding provided for in

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1 this Act, both parties may agree to a negotiated consent order.

2 The consent order shall be final upon signature of the

3 Secretary.

4 (225 ILCS 65/70-140) (was 225 ILCS 65/20-140)

5 (Section scheduled to be repealed on January 1, 2018)

6 Sec. 70-140. Review under Administrative Review Law. All

7 final administrative decisions of the Departmentare ~~hereunder~~

8 ~~shall be~~ subject to judicial review pursuant to the provisions

9 ~~revisions~~of the Administrative Review Law, and allrules

10 ~~amendments and modifications thereof, and the rule~~ adopted

11 under the Administrative Review Law ~~pursuant thereto~~. The term

12 "administrative decision" is defined as in Section 3-101 of the

13 Code of Civil Procedure.

14 Proceedings for judicial review shall be commenced in the

15 circuit court of the county in which the party applying for

16 review resides; however, if the party is not a resident of this

17 State, the venue shall be Sangamon County.

18 (Source: P.A. 95-639, eff. 10-5-07.)

19 (225 ILCS 65/70-145) (was 225 ILCS 65/20-145)

20 (Section scheduled to be repealed on January 1, 2018)

21 Sec. 70-145. Certification of record. The Department shall

22 not be required to certify any record to thecourt, ~~Court or~~

23 file any answer in court,or otherwise appear in any court in a

24 judicial review proceeding, unless and until the Department has

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1 received from the plaintiff payment of the costs of furnishing

2 and certifying the record, which costs shall be determined by

3 the Department. Exhibits shall be certified without cost ~~there~~

4 ~~is filed in the court, with the complaint, a receipt from the~~

5 ~~Department acknowledging payment of the costs of furnishing and~~

6 ~~certifying the record~~. Failure on the part of the plaintiff to

7 file such receipt in Court shall be grounds for dismissal of

8 the action.

9 (Source: P.A. 95-639, eff. 10-5-07.)

10 (225 ILCS 65/70-160) (was 225 ILCS 65/20-160)

11 (Section scheduled to be repealed on January 1, 2018)

12 Sec. 70-160. Illinois Administrative Procedure Act. The

13 Illinois Administrative Procedure Act is hereby expressly

14 adopted and incorporated herein as if all of the provisions of

15 that Act were included in this Act, except that the provision

16 of subsection (d) of Section 10-65 of the Illinois

17 Administrative Procedure Act that provides that at hearings the

18 licensee has the right to show compliance with all lawful

19 requirements for retention, continuation or renewal of the

20 license is specifically excluded. For the purposes of this Act,

21 the notice required under Section 10-25 of the Illinois

22 Administrative Procedure Act is deemed sufficient when mailed

23 to the address of record ~~last known address of a party~~.

24 (Source: P.A. 95-639, eff. 10-5-07.)

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1 (225 ILCS 65/Art. 75 heading)

2 ARTICLE 75. ILLINOIS NURSING WORKFORCE CENTER ~~FOR NURSING~~

3 (Article scheduled to be repealed on January 1, 2018)

4 (Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)

5 (225 ILCS 65/75-10) (was 225 ILCS 65/17-10)

6 (Section scheduled to be repealed on January 1, 2018)

7 Sec. 75-10. Illinois Nursing Workforce Center ~~for Nursing~~.

8 The purpose of ~~There is created~~ the Illinois Nursing Workforce

9 Center ~~for Nursing~~ to address issues of supply and demand in

10 the nursing profession, including issues of recruitment,

11 retention, and utilization of nurse manpower resources. The

12 General Assembly finds that the Center will enhance the access

13 to and delivery of quality health care services by providing an

14 ongoing strategy for the allocation of the State's resources

15 directed towards nursing. Each of the following objectives

16 shall serve as the primary goals for the Center:

17 (1) To develop a strategic plan for nursing manpower in

18 Illinois by selecting priorities that must be addressed.

19 (2) To convene various groups of representatives of

20 nurses, other health care providers, businesses and

21 industries, consumers, legislators, and educators to:

22 (A) review and comment on data analysis prepared

23 for the Center; and

24 (B) recommend systemic changes, including

25 strategies for implementation of recommended changes. ~~;~~

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1 ~~and~~

2 ~~(C) evaluate and report the results of the Advisory~~

3 ~~Board's efforts to the General Assembly and others.~~

4 (3) To enhance and promote recognition, reward, and

5 renewal activities for nurses in Illinois by:

6 (A) proposing and creating reward, recognition,

7 and renewal activities for nursing; and

8 (B) promoting media and positive image-building

9 efforts for nursing.

10 (Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)

11 (225 ILCS 65/75-15) (was 225 ILCS 65/17-15)

12 (Section scheduled to be repealed on January 1, 2018)

13 Sec. 75-15. Illinois ~~Center for~~ Nursing Workforce Center

14 Advisory Board.

15 (a) There is created the Illinois ~~Center for~~ Nursing

16 Workforce Center Advisory Board, which shall consist of 11

17 members appointed by the Secretary ~~Governor~~, with 6 members of

18 the Advisory Board being nurses representative of various

19 nursing specialty areas. The other 5 members may include

20 representatives of associations, health care providers,

21 nursing educators, and consumers.

22 (b) The membership of the Advisory Board shall reasonably

23 reflect representation from the geographic areas in this State.

24 (c) Members of the Advisory Board appointed by the

25 Secretary ~~Governor~~ shall serve for terms of 4 years, with no

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1 member serving more than 10 successive years~~, except that,~~

2 ~~initially, 4 members shall be appointed to the Advisory Board~~

3 ~~for terms that expire on June 30, 2009, 4 members shall be~~

4 ~~appointed to the Advisory Board for terms that expire on June~~

5 ~~30, 2008, and 3 members shall be appointed to the Advisory~~

6 ~~Board for terms that expire on June 30, 2007~~. A member shall

7 serve until his or her successor is appointed and has

8 qualified. Vacancies shall be filled in the same manner as

9 original appointments, and any member so appointed shall serve

10 during the remainder of the term for which the vacancy

11 occurred.

12 (d) A quorum of the Advisory Board shall consist of a

13 majority of Advisory Board members currently serving. A

14 majority vote of the quorum is required for Advisory Board

15 decisions. A vacancy in the membership of the Advisory Board

16 shall not impair the right of a quorum to exercise all of the

17 rights and perform all of the duties of the Advisory Board.

18 (e) The Secretary ~~Governor~~ may remove any appointed member

19 of the Advisory Board for misconduct, incapacity, or neglect of

20 duty and shall be the sole judge of the sufficiency of the

21 cause for removal.

22 (f) Members of the Advisory Board are immune from suit in

23 any action based upon any activities performed in good faith as

24 members of the Advisory Board.

25 (g) Members of the Advisory Board shall not receive

26 compensation, but shall be reimbursed for actual traveling,

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1 incidentals, and expenses necessarily incurred in carrying out

2 their duties as members of the Advisory Board, as approved by

3 the Department.

4 (h) The Advisory Board shall meet annually to elect a

5 chairperson and vice chairperson.

6 (Source: P.A. 97-813, eff. 7-13-12; 98-247, eff. 8-9-13.)

7 (225 ILCS 65/75-20) (was 225 ILCS 65/17-20)

8 (Section scheduled to be repealed on January 1, 2018)

9 Sec. 75-20. Powers and duties of the Advisory Board.

10 (a) The Advisory Board shall be advisory to the Department

11 and shall possess and perform each of the following powers and

12 duties:

13 (1) determine operational policy;

14 (2) (blank); ~~administer grants, scholarships,~~

15 ~~internships, and other programs, as defined by rule,~~

16 ~~including the administration of programs, as determined by~~

17 ~~law, that further those goals set forth in Section 75-10 of~~

18 ~~this Article, in consultation with other State agencies, as~~

19 ~~provided by law;~~

20 (3) establish committees of the Advisory Board as

21 needed;

22 (4) recommend the adoption and, from time to time, the

23 revision of those rules that may be adopted and necessary

24 to carry out the provisions of this Act;

25 (5) implement the major functions of the Center, as

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1 established in the goals set forth in Section 75-10 of this

2 Article; and

3 (6) seek and accept non-State funds for carrying out

4 the policy of the Center.

5 (b) The Center shall work in consultation with other State

6 agencies as necessary.

7 (Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07.)

8 (225 ILCS 65/80-15)

9 (Section scheduled to be repealed on January 1, 2018)

10 Sec. 80-15. Licensure requirement; exempt activities.

11 (a) On and after January 1, 2015, no person shall practice

12 as a medication aide or hold himself or herself out as a

13 licensed medication aide in this State unless he or she is

14 licensed under this Article.

15 (b) Nothing in this Article shall be construed as

16 preventing or restricting the practice, services, or

17 activities of:

18 (1) any person licensed in this State by any other law

19 from engaging in the profession or occupation for which he

20 or she is licensed;

21 (2) any person employed as a medication aide by the

22 government of the United States, if such person practices

23 as a medication aide solely under the direction or control

24 of the organization by which he or she is employed; or

25 (3) any person pursuing a course of study leading to a

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1 certificate in medication aide at an accredited or approved

2 educational program if such activities and services

3 constitute a part of a supervised course of study and if

4 such person is designated by a title which clearly

5 indicates his or her status as a student or trainee.

6 (c) Nothing in this Article shall be construed to limit the

7 delegation of tasks or duties by a physician, dentist, advanced

8 practice registered nurse, or podiatric physician as

9 authorized by law.

10 (Source: P.A. 98-990, eff. 8-18-14.)

11 (225 ILCS 65/80-35)

12 (Section scheduled to be repealed on January 1, 2018)

13 Sec. 80-35. Examinations. The Department shall authorize

14 examinations of applicants for a license under this Article at

15 the times and place as it may designate. The examination shall

16 be of a character to give a fair test of the qualifications of

17 the applicant to practice as a medication aide.

18 Applicants for examination as a medication aide shall be

19 required to pay, either to the Department or the designated

20 testing service, a fee covering the cost of providing the

21 examination. Failure to appear for the examination on the

22 scheduled date, at the time and place specified, after the

23 applicant's application for examination has been received and

24 acknowledged by the Department or the designated testing

25 service, shall result in the forfeiture of the examination fee.

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1 If an applicant fails to pass an examination for licensure

2 ~~registration~~under this Act within 3 years after filing his or

3 her application, the application shall be denied. The applicant

4 may thereafter make a new application accompanied by the

5 required fee; however, the applicant shall meet all

6 requirements in effect at the time of subsequent application

7 before obtaining licensure. The Department may employ

8 consultants for the purposes of preparing and conducting

9 examinations.

10 (Source: P.A. 98-990, eff. 8-18-14.)

11 (225 ILCS 65/60-15 rep.)

12 (225 ILCS 65/70-30 rep.)

13 (225 ILCS 65/70-65 rep.)

14 (225 ILCS 65/70-105 rep.)

15 (225 ILCS 65/70-110 rep.)

16 (225 ILCS 65/70-115 rep.)

17 (225 ILCS 65/75-5 rep.)

18 Section 165. The Nurse Practice Act is amended by repealing

19 Sections 60-15, 70-30, 70-65, 70-105, 70-110, 70-115, and 75-5.

20 Section 170. The Illinois Occupational Therapy Practice

21 Act is amended by changing Sections 3.1 and 19 as follows:

22 (225 ILCS 75/3.1)

23 (Section scheduled to be repealed on January 1, 2024)

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1 Sec. 3.1. Referrals.

2 (a) A licensed occupational therapist or licensed

3 occupational therapy assistant may consult with, educate,

4 evaluate, and monitor services for individuals, groups, and

5 populations concerning occupational therapy needs. Except as

6 indicated in subsections (b) and (c) of this Section,

7 implementation of direct occupational therapy treatment to

8 individuals for their specific health care conditions shall be

9 based upon a referral from a licensed physician, dentist,

10 podiatric physician, advanced practice registered nurse,

11 physician assistant, or optometrist.

12 (b) A referral is not required for the purpose of providing

13 consultation, habilitation, screening, education, wellness,

14 prevention, environmental assessments, and work-related

15 ergonomic services to individuals, groups, or populations.

16 (c) Referral from a physician or other health care provider

17 is not required for evaluation or intervention for children and

18 youths if an occupational therapist or occupational therapy

19 assistant provides services in a school-based or educational

20 environment, including the child's home.

21 (d) An occupational therapist shall refer to a licensed

22 physician, dentist, optometrist, advanced practiceregistered

23 nurse, physician assistant, or podiatric physician any patient

24 whose medical condition should, at the time of evaluation or

25 treatment, be determined to be beyond the scope of practice of

26 the occupational therapist.

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1 (Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;

2 98-756, eff. 7-16-14; 99-173, eff. 7-29-15.)

3 (225 ILCS 75/19) (from Ch. 111, par. 3719)

4 (Section scheduled to be repealed on January 1, 2024)

5 Sec. 19. Grounds for discipline.

6 (a) The Department may refuse to issue or renew, or may

7 revoke, suspend, place on probation, reprimand or take other

8 disciplinary or non-disciplinary action as the Department may

9 deem proper, including imposing fines not to exceed $10,000 for

10 each violation and the assessment of costs as provided under

11 Section 19.3 of this Act, with regard to any license for any

12 one or combination of the following:

13 (1) Material misstatement in furnishing information to

14 the Department;

15 (2) Violations of this Act, or of the rules promulgated

16 thereunder;

17 (3) Conviction by plea of guilty or nolo contendere,

18 finding of guilt, jury verdict, or entry of judgment or

19 sentencing of any crime, including, but not limited to,

20 convictions, preceding sentences of supervision,

21 conditional discharge, or first offender probation, under

22 the laws of any jurisdiction of the United States that is

23 (i) a felony or (ii) a misdemeanor, an essential element of

24 which is dishonesty, or that is directly related to the

25 practice of the profession;

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1 (4) Fraud or any misrepresentation in applying for or

2 procuring a license under this Act, or in connection with

3 applying for renewal of a license under this Act;

4 (5) Professional incompetence;

5 (6) Aiding or assisting another person, firm,

6 partnership or corporation in violating any provision of

7 this Act or rules;

8 (7) Failing, within 60 days, to provide information in

9 response to a written request made by the Department;

10 (8) Engaging in dishonorable, unethical or

11 unprofessional conduct of a character likely to deceive,

12 defraud or harm the public;

13 (9) Habitual or excessive use or abuse of drugs defined

14 in law as controlled substances, alcohol, or any other

15 substance that results in the inability to practice with

16 reasonable judgment, skill, or safety;

17 (10) Discipline by another state, unit of government,

18 government agency, the District of Columbia, a territory,

19 or foreign nation, if at least one of the grounds for the

20 discipline is the same or substantially equivalent to those

21 set forth herein;

22 (11) Directly or indirectly giving to or receiving from

23 any person, firm, corporation, partnership, or association

24 any fee, commission, rebate or other form of compensation

25 for professional services not actually or personally

26 rendered. Nothing in this paragraph (11) affects any bona

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1 fide independent contractor or employment arrangements

2 among health care professionals, health facilities, health

3 care providers, or other entities, except as otherwise

4 prohibited by law. Any employment arrangements may include

5 provisions for compensation, health insurance, pension, or

6 other employment benefits for the provision of services

7 within the scope of the licensee's practice under this Act.

8 Nothing in this paragraph (11) shall be construed to

9 require an employment arrangement to receive professional

10 fees for services rendered;

11 (12) A finding by the Department that the license

12 holder, after having his license disciplined, has violated

13 the terms of the discipline;

14 (13) Wilfully making or filing false records or reports

15 in the practice of occupational therapy, including but not

16 limited to false records filed with the State agencies or

17 departments;

18 (14) Physical illness, including but not limited to,

19 deterioration through the aging process, or loss of motor

20 skill which results in the inability to practice under this

21 Act with reasonable judgment, skill, or safety;

22 (15) Solicitation of professional services other than

23 by permitted advertising;

24 (16) Allowing one's license under this Act to be used

25 by an unlicensed person in violation of this Act;

26 (17) Practicing under a false or, except as provided by

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1 law, assumed name;

2 (18) Professional incompetence or gross negligence;

3 (19) Malpractice;

4 (20) Promotion of the sale of drugs, devices,

5 appliances, or goods provided for a patient in any manner

6 to exploit the client for financial gain of the licensee;

7 (21) Gross, willful, or continued overcharging for

8 professional services;

9 (22) Mental illness or disability that results in the

10 inability to practice under this Act with reasonable

11 judgment, skill, or safety;

12 (23) Violating the Health Care Worker Self-Referral

13 Act;

14 (24) Having treated patients other than by the practice

15 of occupational therapy as defined in this Act, or having

16 treated patients as a licensed occupational therapist

17 independent of a referral from a physician, advanced

18 practice registered nurse or physician assistant in

19 accordance with Section 3.1, dentist, podiatric physician,

20 or optometrist, or having failed to notify the physician,

21 advanced practice registerednurse, physician assistant,

22 dentist, podiatric physician, or optometrist who

23 established a diagnosis that the patient is receiving

24 occupational therapy pursuant to that diagnosis;

25 (25) Cheating on or attempting to subvert the licensing

26 examination administered under this Act; and

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1 (26) Charging for professional services not rendered,

2 including filing false statements for the collection of

3 fees for which services are not rendered.

4 All fines imposed under this Section shall be paid within

5 60 days after the effective date of the order imposing the fine

6 or in accordance with the terms set forth in the order imposing

7 the fine.

8 (b) The determination by a circuit court that a license

9 holder is subject to involuntary admission or judicial

10 admission as provided in the Mental Health and Developmental

11 Disabilities Code, as now or hereafter amended, operates as an

12 automatic suspension. Such suspension will end only upon a

13 finding by a court that the patient is no longer subject to

14 involuntary admission or judicial admission and an order by the

15 court so finding and discharging the patient. In any case where

16 a license is suspended under this provision, the licensee shall

17 file a petition for restoration and shall include evidence

18 acceptable to the Department that the licensee can resume

19 practice in compliance with acceptable and prevailing

20 standards of their profession.

21 (c) The Department may refuse to issue or may suspend

22 without hearing, as provided for in the Code of Civil

23 Procedure, the license of any person who fails to file a

24 return, to pay the tax, penalty, or interest shown in a filed

25 return, or to pay any final assessment of tax, penalty, or

26 interest as required by any tax Act administered by the

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1 Illinois Department of Revenue, until such time as the

2 requirements of any such tax Act are satisfied in accordance

3 with subsection (a) of Section 2105-15 of the Department of

4 Professional Regulation Law of the Civil Administrative Code of

5 Illinois.

6 (d) In enforcing this Section, the Department, upon a

7 showing of a possible violation, may compel any individual who

8 is licensed under this Act or any individual who has applied

9 for licensure to submit to a mental or physical examination or

10 evaluation, or both, which may include a substance abuse or

11 sexual offender evaluation, at the expense of the Department.

12 The Department shall specifically designate the examining

13 physician licensed to practice medicine in all of its branches

14 or, if applicable, the multidisciplinary team involved in

15 providing the mental or physical examination and evaluation.

16 The multidisciplinary team shall be led by a physician licensed

17 to practice medicine in all of its branches and may consist of

18 one or more or a combination of physicians licensed to practice

19 medicine in all of its branches, licensed chiropractic

20 physicians, licensed clinical psychologists, licensed clinical

21 social workers, licensed clinical professional counselors, and

22 other professional and administrative staff. Any examining

23 physician or member of the multidisciplinary team may require

24 any person ordered to submit to an examination and evaluation

25 pursuant to this Section to submit to any additional

26 supplemental testing deemed necessary to complete any

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1 examination or evaluation process, including, but not limited

2 to, blood testing, urinalysis, psychological testing, or

3 neuropsychological testing.

4 The Department may order the examining physician or any

5 member of the multidisciplinary team to provide to the

6 Department any and all records, including business records,

7 that relate to the examination and evaluation, including any

8 supplemental testing performed. The Department may order the

9 examining physician or any member of the multidisciplinary team

10 to present testimony concerning this examination and

11 evaluation of the licensee or applicant, including testimony

12 concerning any supplemental testing or documents relating to

13 the examination and evaluation. No information, report,

14 record, or other documents in any way related to the

15 examination and evaluation shall be excluded by reason of any

16 common law or statutory privilege relating to communication

17 between the licensee or applicant and the examining physician

18 or any member of the multidisciplinary team. No authorization

19 is necessary from the licensee or applicant ordered to undergo

20 an evaluation and examination for the examining physician or

21 any member of the multidisciplinary team to provide

22 information, reports, records, or other documents or to provide

23 any testimony regarding the examination and evaluation. The

24 individual to be examined may have, at his or her own expense,

25 another physician of his or her choice present during all

26 aspects of the examination.

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1 Failure of any individual to submit to mental or physical

2 examination or evaluation, or both, when directed, shall result

3 in an automatic suspension without hearing, until such time as

4 the individual submits to the examination. If the Department

5 finds a licensee unable to practice because of the reasons set

6 forth in this Section, the Department shall require the

7 licensee to submit to care, counseling, or treatment by

8 physicians approved or designated by the Department as a

9 condition for continued, reinstated, or renewed licensure.

10 When the Secretary immediately suspends a license under

11 this Section, a hearing upon such person's license must be

12 convened by the Department within 15 days after the suspension

13 and completed without appreciable delay. The Department shall

14 have the authority to review the licensee's record of treatment

15 and counseling regarding the impairment to the extent permitted

16 by applicable federal statutes and regulations safeguarding

17 the confidentiality of medical records.

18 Individuals licensed under this Act that are affected under

19 this Section, shall be afforded an opportunity to demonstrate

20 to the Department that they can resume practice in compliance

21 with acceptable and prevailing standards under the provisions

22 of their license.

23 (e) The Department shall deny a license or renewal

24 authorized by this Act to a person who has defaulted on an

25 educational loan or scholarship provided or guaranteed by the

26 Illinois Student Assistance Commission or any governmental

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1 agency of this State in accordance with paragraph (5) of

2 subsection (a) of Section 2105-15 of the Department of

3 Professional Regulation Law of the Civil Administrative Code of

4 Illinois.

5 (f) In cases where the Department of Healthcare and Family

6 Services has previously determined a licensee or a potential

7 licensee is more than 30 days delinquent in the payment of

8 child support and has subsequently certified the delinquency to

9 the Department, the Department may refuse to issue or renew or

10 may revoke or suspend that person's license or may take other

11 disciplinary action against that person based solely upon the

12 certification of delinquency made by the Department of

13 Healthcare and Family Services in accordance with paragraph (5)

14 of subsection (a) of Section 2105-15 of the Department of

15 Professional Regulation Law of the Civil Administrative Code of

16 Illinois.

17 (Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;

18 98-756, eff. 7-16-14.)

19 Section 175. The Orthotics, Prosthetics, and Pedorthics

20 Practice Act is amended by changing Sections 15 and 57 as

21 follows:

22 (225 ILCS 84/15)

23 (Section scheduled to be repealed on January 1, 2020)

24 Sec. 15. Exceptions. This Act shall not be construed to

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1 prohibit:

2 (1) a physician licensed in this State from engaging in the

3 practice for which he or she is licensed;

4 (2) a person licensed in this State under any other Act

5 from engaging in the practice for which he or she is licensed;

6 (3) the practice of orthotics, prosthetics, or pedorthics

7 by a person who is employed by the federal government or any

8 bureau, division, or agency of the federal government while in

9 the discharge of the employee's official duties;

10 (4) the practice of orthotics, prosthetics, or pedorthics

11 by (i) a student enrolled in a school of orthotics,

12 prosthetics, or pedorthics, (ii) a resident continuing his or

13 her clinical education in a residency accredited by the

14 National Commission on Orthotic and Prosthetic Education, or

15 (iii) a student in a qualified work experience program or

16 internship in pedorthics;

17 (5) the practice of orthotics, prosthetics, or pedorthics

18 by one who is an orthotist, prosthetist, or pedorthist licensed

19 under the laws of another state or territory of the United

20 States or another country and has applied in writing to the

21 Department, in a form and substance satisfactory to the

22 Department, for a license as orthotist, prosthetist, or

23 pedorthist and who is qualified to receive the license under

24 Section 40 until (i) the expiration of 6 months after the

25 filing of the written application, (ii) the withdrawal of the

26 application, or (iii) the denial of the application by the

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1 Department;

2 (6) a person licensed by this State as a physical

3 therapist, occupational therapist, or advanced practice

4 registered nurse from engaging in his or her profession; or

5 (7) a physician licensed under the Podiatric Medical

6 Practice Act of 1987 from engaging in his or her profession.

7 (Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)

8 (225 ILCS 84/57)

9 (Section scheduled to be repealed on January 1, 2020)

10 Sec. 57. Limitation on provision of care and services. A

11 licensed orthotist, prosthetist, or pedorthist may provide

12 care or services only if the care or services are provided

13 pursuant to an order from (i) a licensed physician, (ii) a

14 licensed podiatric physician, (iii) a licensed advanced

15 practice registered nurse, or (iv) a licensed physician

16 assistant. A licensed podiatric physician or advanced practice

17 registered nurse collaborating with a podiatric physician may

18 only order care or services concerning the foot from a licensed

19 prosthetist.

20 (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)

21 Section 180. The Pharmacy Practice Act is amended by

22 changing Sections 3, 4, and 16b as follows:

23 (225 ILCS 85/3)

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1 (Section scheduled to be repealed on January 1, 2018)

2 Sec. 3. Definitions. For the purpose of this Act, except

3 where otherwise limited therein:

4 (a) "Pharmacy" or "drugstore" means and includes every

5 store, shop, pharmacy department, or other place where

6 pharmacist care is provided by a pharmacist (1) where drugs,

7 medicines, or poisons are dispensed, sold or offered for sale

8 at retail, or displayed for sale at retail; or (2) where

9 prescriptions of physicians, dentists, advanced practice

10 registered nurses, physician assistants, veterinarians,

11 podiatric physicians, or optometrists, within the limits of

12 their licenses, are compounded, filled, or dispensed; or (3)

13 which has upon it or displayed within it, or affixed to or used

14 in connection with it, a sign bearing the word or words

15 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",

16 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",

17 "Drugs", "Dispensary", "Medicines", or any word or words of

18 similar or like import, either in the English language or any

19 other language; or (4) where the characteristic prescription

20 sign (Rx) or similar design is exhibited; or (5) any store, or

21 shop, or other place with respect to which any of the above

22 words, objects, signs or designs are used in any advertisement.

23 (b) "Drugs" means and includes (1) articles recognized in

24 the official United States Pharmacopoeia/National Formulary

25 (USP/NF), or any supplement thereto and being intended for and

26 having for their main use the diagnosis, cure, mitigation,

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1 treatment or prevention of disease in man or other animals, as

2 approved by the United States Food and Drug Administration, but

3 does not include devices or their components, parts, or

4 accessories; and (2) all other articles intended for and having

5 for their main use the diagnosis, cure, mitigation, treatment

6 or prevention of disease in man or other animals, as approved

7 by the United States Food and Drug Administration, but does not

8 include devices or their components, parts, or accessories; and

9 (3) articles (other than food) having for their main use and

10 intended to affect the structure or any function of the body of

11 man or other animals; and (4) articles having for their main

12 use and intended for use as a component or any articles

13 specified in clause (1), (2) or (3); but does not include

14 devices or their components, parts or accessories.

15 (c) "Medicines" means and includes all drugs intended for

16 human or veterinary use approved by the United States Food and

17 Drug Administration.

18 (d) "Practice of pharmacy" means (1) the interpretation and

19 the provision of assistance in the monitoring, evaluation, and

20 implementation of prescription drug orders; (2) the dispensing

21 of prescription drug orders; (3) participation in drug and

22 device selection; (4) drug administration limited to the

23 administration of oral, topical, injectable, and inhalation as

24 follows: in the context of patient education on the proper use

25 or delivery of medications; vaccination of patients 14 years of

26 age and older pursuant to a valid prescription or standing

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1 order, by a physician licensed to practice medicine in all its

2 branches, upon completion of appropriate training, including

3 how to address contraindications and adverse reactions set

4 forth by rule, with notification to the patient's physician and

5 appropriate record retention, or pursuant to hospital pharmacy

6 and therapeutics committee policies and procedures; (5)

7 vaccination of patients ages 10 through 13 limited to the

8 Influenza (inactivated influenza vaccine and live attenuated

9 influenza intranasal vaccine) and Tdap (defined as tetanus,

10 diphtheria, acellular pertussis) vaccines, pursuant to a valid

11 prescription or standing order, by a physician licensed to

12 practice medicine in all its branches, upon completion of

13 appropriate training, including how to address

14 contraindications and adverse reactions set forth by rule, with

15 notification to the patient's physician and appropriate record

16 retention, or pursuant to hospital pharmacy and therapeutics

17 committee policies and procedures; (6) drug regimen review; (7)

18 drug or drug-related research; (8) the provision of patient

19 counseling; (9) the practice of telepharmacy; (10) the

20 provision of those acts or services necessary to provide

21 pharmacist care; (11) medication therapy management; and (12)

22 the responsibility for compounding and labeling of drugs and

23 devices (except labeling by a manufacturer, repackager, or

24 distributor of non-prescription drugs and commercially

25 packaged legend drugs and devices), proper and safe storage of

26 drugs and devices, and maintenance of required records. A

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1 pharmacist who performs any of the acts defined as the practice

2 of pharmacy in this State must be actively licensed as a

3 pharmacist under this Act.

4 (e) "Prescription" means and includes any written, oral,

5 facsimile, or electronically transmitted order for drugs or

6 medical devices, issued by a physician licensed to practice

7 medicine in all its branches, dentist, veterinarian, podiatric

8 physician, or optometrist, within the limits of their licenses,

9 by a physician assistant in accordance with subsection (f) of

10 Section 4, or by an advanced practice registerednurse in

11 accordance with subsection (g) of Section 4, containing the

12 following: (1) name of the patient; (2) date when prescription

13 was issued; (3) name and strength of drug or description of the

14 medical device prescribed; and (4) quantity; (5) directions for

15 use; (6) prescriber's name, address, and signature; and (7) DEA

16 number where required, for controlled substances. The

17 prescription may, but is not required to, list the illness,

18 disease, or condition for which the drug or device is being

19 prescribed. DEA numbers shall not be required on inpatient drug

20 orders.

21 (f) "Person" means and includes a natural person,

22 copartnership, association, corporation, government entity, or

23 any other legal entity.

24 (g) "Department" means the Department of Financial and

25 Professional Regulation.

26 (h) "Board of Pharmacy" or "Board" means the State Board of

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1 Pharmacy of the Department of Financial and Professional

2 Regulation.

3 (i) "Secretary" means the Secretary of Financial and

4 Professional Regulation.

5 (j) "Drug product selection" means the interchange for a

6 prescribed pharmaceutical product in accordance with Section

7 25 of this Act and Section 3.14 of the Illinois Food, Drug and

8 Cosmetic Act.

9 (k) "Inpatient drug order" means an order issued by an

10 authorized prescriber for a resident or patient of a facility

11 licensed under the Nursing Home Care Act, the ID/DD Community

12 Care Act, the MC/DD Act, the Specialized Mental Health

13 Rehabilitation Act of 2013, or the Hospital Licensing Act, or

14 "An Act in relation to the founding and operation of the

15 University of Illinois Hospital and the conduct of University

16 of Illinois health care programs", approved July 3, 1931, as

17 amended, or a facility which is operated by the Department of

18 Human Services (as successor to the Department of Mental Health

19 and Developmental Disabilities) or the Department of

20 Corrections.

21 (k-5) "Pharmacist" means an individual health care

22 professional and provider currently licensed by this State to

23 engage in the practice of pharmacy.

24 (l) "Pharmacist in charge" means the licensed pharmacist

25 whose name appears on a pharmacy license and who is responsible

26 for all aspects of the operation related to the practice of

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1 pharmacy.

2 (m) "Dispense" or "dispensing" means the interpretation,

3 evaluation, and implementation of a prescription drug order,

4 including the preparation and delivery of a drug or device to a

5 patient or patient's agent in a suitable container

6 appropriately labeled for subsequent administration to or use

7 by a patient in accordance with applicable State and federal

8 laws and regulations. "Dispense" or "dispensing" does not mean

9 the physical delivery to a patient or a patient's

10 representative in a home or institution by a designee of a

11 pharmacist or by common carrier. "Dispense" or "dispensing"

12 also does not mean the physical delivery of a drug or medical

13 device to a patient or patient's representative by a

14 pharmacist's designee within a pharmacy or drugstore while the

15 pharmacist is on duty and the pharmacy is open.

16 (n) "Nonresident pharmacy" means a pharmacy that is located

17 in a state, commonwealth, or territory of the United States,

18 other than Illinois, that delivers, dispenses, or distributes,

19 through the United States Postal Service, commercially

20 acceptable parcel delivery service, or other common carrier, to

21 Illinois residents, any substance which requires a

22 prescription.

23 (o) "Compounding" means the preparation and mixing of

24 components, excluding flavorings, (1) as the result of a

25 prescriber's prescription drug order or initiative based on the

26 prescriber-patient-pharmacist relationship in the course of

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1 professional practice or (2) for the purpose of, or incident

2 to, research, teaching, or chemical analysis and not for sale

3 or dispensing. "Compounding" includes the preparation of drugs

4 or devices in anticipation of receiving prescription drug

5 orders based on routine, regularly observed dispensing

6 patterns. Commercially available products may be compounded

7 for dispensing to individual patients only if all of the

8 following conditions are met: (i) the commercial product is not

9 reasonably available from normal distribution channels in a

10 timely manner to meet the patient's needs and (ii) the

11 prescribing practitioner has requested that the drug be

12 compounded.

13 (p) (Blank).

14 (q) (Blank).

15 (r) "Patient counseling" means the communication between a

16 pharmacist or a student pharmacist under the supervision of a

17 pharmacist and a patient or the patient's representative about

18 the patient's medication or device for the purpose of

19 optimizing proper use of prescription medications or devices.

20 "Patient counseling" may include without limitation (1)

21 obtaining a medication history; (2) acquiring a patient's

22 allergies and health conditions; (3) facilitation of the

23 patient's understanding of the intended use of the medication;

24 (4) proper directions for use; (5) significant potential

25 adverse events; (6) potential food-drug interactions; and (7)

26 the need to be compliant with the medication therapy. A

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1 pharmacy technician may only participate in the following

2 aspects of patient counseling under the supervision of a

3 pharmacist: (1) obtaining medication history; (2) providing

4 the offer for counseling by a pharmacist or student pharmacist;

5 and (3) acquiring a patient's allergies and health conditions.

6 (s) "Patient profiles" or "patient drug therapy record"

7 means the obtaining, recording, and maintenance of patient

8 prescription information, including prescriptions for

9 controlled substances, and personal information.

10 (t) (Blank).

11 (u) "Medical device" means an instrument, apparatus,

12 implement, machine, contrivance, implant, in vitro reagent, or

13 other similar or related article, including any component part

14 or accessory, required under federal law to bear the label

15 "Caution: Federal law requires dispensing by or on the order of

16 a physician". A seller of goods and services who, only for the

17 purpose of retail sales, compounds, sells, rents, or leases

18 medical devices shall not, by reasons thereof, be required to

19 be a licensed pharmacy.

20 (v) "Unique identifier" means an electronic signature,

21 handwritten signature or initials, thumb print, or other

22 acceptable biometric or electronic identification process as

23 approved by the Department.

24 (w) "Current usual and customary retail price" means the

25 price that a pharmacy charges to a non-third-party payor.

26 (x) "Automated pharmacy system" means a mechanical system

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1 located within the confines of the pharmacy or remote location

2 that performs operations or activities, other than compounding

3 or administration, relative to storage, packaging, dispensing,

4 or distribution of medication, and which collects, controls,

5 and maintains all transaction information.

6 (y) "Drug regimen review" means and includes the evaluation

7 of prescription drug orders and patient records for (1) known

8 allergies; (2) drug or potential therapy contraindications;

9 (3) reasonable dose, duration of use, and route of

10 administration, taking into consideration factors such as age,

11 gender, and contraindications; (4) reasonable directions for

12 use; (5) potential or actual adverse drug reactions; (6)

13 drug-drug interactions; (7) drug-food interactions; (8)

14 drug-disease contraindications; (9) therapeutic duplication;

15 (10) patient laboratory values when authorized and available;

16 (11) proper utilization (including over or under utilization)

17 and optimum therapeutic outcomes; and (12) abuse and misuse.

18 (z) "Electronic transmission prescription" means any

19 prescription order for which a facsimile or electronic image of

20 the order is electronically transmitted from a licensed

21 prescriber to a pharmacy. "Electronic transmission

22 prescription" includes both data and image prescriptions.

23 (aa) "Medication therapy management services" means a

24 distinct service or group of services offered by licensed

25 pharmacists, physicians licensed to practice medicine in all

26 its branches, advanced practice registered nurses authorized

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1 in a written agreement with a physician licensed to practice

2 medicine in all its branches, or physician assistants

3 authorized in guidelines by a supervising physician that

4 optimize therapeutic outcomes for individual patients through

5 improved medication use. In a retail or other non-hospital

6 pharmacy, medication therapy management services shall consist

7 of the evaluation of prescription drug orders and patient

8 medication records to resolve conflicts with the following:

9 (1) known allergies;

10 (2) drug or potential therapy contraindications;

11 (3) reasonable dose, duration of use, and route of

12 administration, taking into consideration factors such as

13 age, gender, and contraindications;

14 (4) reasonable directions for use;

15 (5) potential or actual adverse drug reactions;

16 (6) drug-drug interactions;

17 (7) drug-food interactions;

18 (8) drug-disease contraindications;

19 (9) identification of therapeutic duplication;

20 (10) patient laboratory values when authorized and

21 available;

22 (11) proper utilization (including over or under

23 utilization) and optimum therapeutic outcomes; and

24 (12) drug abuse and misuse.

25 "Medication therapy management services" includes the

26 following:

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1 (1) documenting the services delivered and

2 communicating the information provided to patients'

3 prescribers within an appropriate time frame, not to exceed

4 48 hours;

5 (2) providing patient counseling designed to enhance a

6 patient's understanding and the appropriate use of his or

7 her medications; and

8 (3) providing information, support services, and

9 resources designed to enhance a patient's adherence with

10 his or her prescribed therapeutic regimens.

11 "Medication therapy management services" may also include

12 patient care functions authorized by a physician licensed to

13 practice medicine in all its branches for his or her identified

14 patient or groups of patients under specified conditions or

15 limitations in a standing order from the physician.

16 "Medication therapy management services" in a licensed

17 hospital may also include the following:

18 (1) reviewing assessments of the patient's health

19 status; and

20 (2) following protocols of a hospital pharmacy and

21 therapeutics committee with respect to the fulfillment of

22 medication orders.

23 (bb) "Pharmacist care" means the provision by a pharmacist

24 of medication therapy management services, with or without the

25 dispensing of drugs or devices, intended to achieve outcomes

26 that improve patient health, quality of life, and comfort and

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1 enhance patient safety.

2 (cc) "Protected health information" means individually

3 identifiable health information that, except as otherwise

4 provided, is:

5 (1) transmitted by electronic media;

6 (2) maintained in any medium set forth in the

7 definition of "electronic media" in the federal Health

8 Insurance Portability and Accountability Act; or

9 (3) transmitted or maintained in any other form or

10 medium.

11 "Protected health information" does not include

12 individually identifiable health information found in:

13 (1) education records covered by the federal Family

14 Educational Right and Privacy Act; or

15 (2) employment records held by a licensee in its role

16 as an employer.

17 (dd) "Standing order" means a specific order for a patient

18 or group of patients issued by a physician licensed to practice

19 medicine in all its branches in Illinois.

20 (ee) "Address of record" means the address recorded by the

21 Department in the applicant's or licensee's application file or

22 license file, as maintained by the Department's licensure

23 maintenance unit.

24 (ff) "Home pharmacy" means the location of a pharmacy's

25 primary operations.

26 (Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;

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1 98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)

2 (225 ILCS 85/4) (from Ch. 111, par. 4124)

3 (Section scheduled to be repealed on January 1, 2018)

4 Sec. 4. Exemptions. Nothing contained in any Section of

5 this Act shall apply to, or in any manner interfere with:

6 (a) the lawful practice of any physician licensed to

7 practice medicine in all of its branches, dentist, podiatric

8 physician, veterinarian, or therapeutically or diagnostically

9 certified optometrist within the limits of his or her license,

10 or prevent him or her from supplying to his or her bona fide

11 patients such drugs, medicines, or poisons as may seem to him

12 appropriate;

13 (b) the sale of compressed gases;

14 (c) the sale of patent or proprietary medicines and

15 household remedies when sold in original and unbroken packages

16 only, if such patent or proprietary medicines and household

17 remedies be properly and adequately labeled as to content and

18 usage and generally considered and accepted as harmless and

19 nonpoisonous when used according to the directions on the

20 label, and also do not contain opium or coca leaves, or any

21 compound, salt or derivative thereof, or any drug which,

22 according to the latest editions of the following authoritative

23 pharmaceutical treatises and standards, namely, The United

24 States Pharmacopoeia/National Formulary (USP/NF), the United

25 States Dispensatory, and the Accepted Dental Remedies of the

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1 Council of Dental Therapeutics of the American Dental

2 Association or any or either of them, in use on the effective

3 date of this Act, or according to the existing provisions of

4 the Federal Food, Drug, and Cosmetic Act and Regulations of the

5 Department of Health and Human Services, Food and Drug

6 Administration, promulgated thereunder now in effect, is

7 designated, described or considered as a narcotic, hypnotic,

8 habit forming, dangerous, or poisonous drug;

9 (d) the sale of poultry and livestock remedies in original

10 and unbroken packages only, labeled for poultry and livestock

11 medication;

12 (e) the sale of poisonous substances or mixture of

13 poisonous substances, in unbroken packages, for nonmedicinal

14 use in the arts or industries or for insecticide purposes;

15 provided, they are properly and adequately labeled as to

16 content and such nonmedicinal usage, in conformity with the

17 provisions of all applicable federal, state and local laws and

18 regulations promulgated thereunder now in effect relating

19 thereto and governing the same, and those which are required

20 under such applicable laws and regulations to be labeled with

21 the word "Poison", are also labeled with the word "Poison"

22 printed thereon in prominent type and the name of a readily

23 obtainable antidote with directions for its administration;

24 (f) the delegation of limited prescriptive authority by a

25 physician licensed to practice medicine in all its branches to

26 a physician assistant under Section 7.5 of the Physician

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1 Assistant Practice Act of 1987. This delegated authority under

2 Section 7.5 of the Physician Assistant Practice Act of 1987

3 may, but is not required to, include prescription of controlled

4 substances, as defined in Article II of the Illinois Controlled

5 Substances Act, in accordance with a written supervision

6 agreement; and

7 (g) the delegation of prescriptive authority by a physician

8 licensed to practice medicine in all its branches or a licensed

9 podiatric physician to an advanced practice registerednurse in

10 accordance with a written collaborative agreement under

11 Sections 65-35 and 65-40 of the Nurse Practice Act.

12 (Source: P.A. 98-214, eff. 8-9-13.)

13 (225 ILCS 85/16b)

14 (Section scheduled to be repealed on January 1, 2018)

15 Sec. 16b. Prescription pick up and drop off. Nothing

16 contained in this Act shall prohibit a pharmacist or pharmacy,

17 by means of its employee or by use of a common carrier or the

18 U.S. mail, at the request of the patient, from picking up

19 prescription orders from the prescriber or delivering

20 prescription drugs to the patient or the patient's agent,

21 including an advanced practice registered nurse, practical

22 nurse, or registered nurse licensed under the Nurse Practice

23 Act, or a physician assistant licensed under the Physician

24 Assistant Practice Act of 1987, who provides hospice services

25 to a hospice patient or who provides home health services to a

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1 person, at the residence or place of employment of the person

2 for whom the prescription was issued or at the hospital or

3 medical care facility in which the patient is confined.

4 Conversely, the patient or patient's agent may drop off

5 prescriptions at a designated area. In this Section, "home

6 health services" has the meaning ascribed to it in the Home

7 Health, Home Services, and Home Nursing Agency Licensing Act;

8 and "hospice patient" and "hospice services" have the meanings

9 ascribed to them in the Hospice Program Licensing Act.

10 (Source: P.A. 99-163, eff. 1-1-16.)

11 Section 185. The Illinois Physical Therapy Act is amended

12 by changing Sections 1 and 17 as follows:

13 (225 ILCS 90/1) (from Ch. 111, par. 4251)

14 (Section scheduled to be repealed on January 1, 2026)

15 Sec. 1. Definitions. As used in this Act:

16 (1) "Physical therapy" means all of the following:

17 (A) Examining, evaluating, and testing individuals who

18 may have mechanical, physiological, or developmental

19 impairments, functional limitations, disabilities, or

20 other health and movement-related conditions, classifying

21 these disorders, determining a rehabilitation prognosis

22 and plan of therapeutic intervention, and assessing the

23 on-going effects of the interventions.

24 (B) Alleviating impairments, functional limitations,

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1 or disabilities by designing, implementing, and modifying

2 therapeutic interventions that may include, but are not

3 limited to, the evaluation or treatment of a person through

4 the use of the effective properties of physical measures

5 and heat, cold, light, water, radiant energy, electricity,

6 sound, and air and use of therapeutic massage, therapeutic

7 exercise, mobilization, and rehabilitative procedures,

8 with or without assistive devices, for the purposes of

9 preventing, correcting, or alleviating a physical or

10 mental impairment, functional limitation, or disability.

11 (C) Reducing the risk of injury, impairment,

12 functional limitation, or disability, including the

13 promotion and maintenance of fitness, health, and

14 wellness.

15 (D) Engaging in administration, consultation,

16 education, and research.

17 "Physical therapy"includes, but is not limited to: (a)

18 performance of specialized tests and measurements, (b)

19 administration of specialized treatment procedures, (c)

20 interpretation of referrals from physicians, dentists,

21 advanced practice registerednurses, physician assistants, and

22 podiatric physicians, (d) establishment, and modification of

23 physical therapy treatment programs, (e) administration of

24 topical medication used in generally accepted physical therapy

25 procedures when such medication is either prescribed by the

26 patient's physician, licensed to practice medicine in all its

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1 branches, the patient's physician licensed to practice

2 podiatric medicine, the patient's advanced practice registered

3 nurse, the patient's physician assistant, or the patient's

4 dentist or used following the physician's orders or written

5 instructions, and (f) supervision or teaching of physical

6 therapy. Physical therapy does not include radiology,

7 electrosurgery, chiropractic technique or determination of a

8 differential diagnosis; provided, however, the limitation on

9 determining a differential diagnosis shall not in any manner

10 limit a physical therapist licensed under this Act from

11 performing an evaluation pursuant to such license. Nothing in

12 this Section shall limit a physical therapist from employing

13 appropriate physical therapy techniques that he or she is

14 educated and licensed to perform. A physical therapist shall

15 refer to a licensed physician, advanced practice registered

16 nurse, physician assistant, dentist, podiatric physician,

17 other physical therapist, or other health care provider any

18 patient whose medical condition should, at the time of

19 evaluation or treatment, be determined to be beyond the scope

20 of practice of the physical therapist.

21 (2) "Physical therapist" means a person who practices

22 physical therapy and who has met all requirements as provided

23 in this Act.

24 (3) "Department" means the Department of Professional

25 Regulation.

26 (4) "Director" means the Director of Professional

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1 Regulation.

2 (5) "Board" means the Physical Therapy Licensing and

3 Disciplinary Board approved by the Director.

4 (6) "Referral" means a written or oral authorization for

5 physical therapy services for a patient by a physician,

6 dentist, advanced practice registered nurse, physician

7 assistant, or podiatric physician who maintains medical

8 supervision of the patient and makes a diagnosis or verifies

9 that the patient's condition is such that it may be treated by

10 a physical therapist.

11 (7) "Documented current and relevant diagnosis" for the

12 purpose of this Act means a diagnosis, substantiated by

13 signature or oral verification of a physician, dentist,

14 advanced practice registered nurse, physician assistant, or

15 podiatric physician, that a patient's condition is such that it

16 may be treated by physical therapy as defined in this Act,

17 which diagnosis shall remain in effect until changed by the

18 physician, dentist, advanced practice registered nurse,

19 physician assistant, or podiatric physician.

20 (8) "State" includes:

21 (a) the states of the United States of America;

22 (b) the District of Columbia; and

23 (c) the Commonwealth of Puerto Rico.

24 (9) "Physical therapist assistant" means a person licensed

25 to assist a physical therapist and who has met all requirements

26 as provided in this Act and who works under the supervision of

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1 a licensed physical therapist to assist in implementing the

2 physical therapy treatment program as established by the

3 licensed physical therapist. The patient care activities

4 provided by the physical therapist assistant shall not include

5 the interpretation of referrals, evaluation procedures, or the

6 planning or major modification of patient programs.

7 (10) "Physical therapy aide" means a person who has

8 received on the job training, specific to the facility in which

9 he is employed.

10 (11) "Advanced practice registered nurse" means a person

11 licensed as an advanced practice registered nurse under the

12 Nurse Practice Act.

13 (12) "Physician assistant" means a person licensed under

14 the Physician Assistant Practice Act of 1987.

15 (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;

16 99-229, eff. 8-3-15; 99-642, eff. 7-28-16; revised 10-27-16.)

17 (225 ILCS 90/17) (from Ch. 111, par. 4267)

18 (Section scheduled to be repealed on January 1, 2026)

19 Sec. 17. (1) The Department may refuse to issue or to

20 renew, or may revoke, suspend, place on probation, reprimand,

21 or take other disciplinary action as the Department deems

22 appropriate, including the issuance of fines not to exceed

23 $5000, with regard to a license for any one or a combination of

24 the following:

25 A. Material misstatement in furnishing information to

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1 the Department or otherwise making misleading, deceptive,

2 untrue, or fraudulent representations in violation of this

3 Act or otherwise in the practice of the profession;

4 B. Violations of this Act, or of the rules or

5 regulations promulgated hereunder;

6 C. Conviction of any crime under the laws of the United

7 States or any state or territory thereof which is a felony

8 or which is a misdemeanor, an essential element of which is

9 dishonesty, or of any crime which is directly related to

10 the practice of the profession; conviction, as used in this

11 paragraph, shall include a finding or verdict of guilty, an

12 admission of guilt or a plea of nolo contendere;

13 D. Making any misrepresentation for the purpose of

14 obtaining licenses, or violating any provision of this Act

15 or the rules promulgated thereunder pertaining to

16 advertising;

17 E. A pattern of practice or other behavior which

18 demonstrates incapacity or incompetency to practice under

19 this Act;

20 F. Aiding or assisting another person in violating any

21 provision of this Act or Rules;

22 G. Failing, within 60 days, to provide information in

23 response to a written request made by the Department;

24 H. Engaging in dishonorable, unethical or

25 unprofessional conduct of a character likely to deceive,

26 defraud or harm the public. Unprofessional conduct shall

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1 include any departure from or the failure to conform to the

2 minimal standards of acceptable and prevailing physical

3 therapy practice, in which proceeding actual injury to a

4 patient need not be established;

5 I. Unlawful distribution of any drug or narcotic, or

6 unlawful conversion of any drug or narcotic not belonging

7 to the person for such person's own use or benefit or for

8 other than medically accepted therapeutic purposes;

9 J. Habitual or excessive use or addiction to alcohol,

10 narcotics, stimulants, or any other chemical agent or drug

11 which results in a physical therapist's or physical

12 therapist assistant's inability to practice with

13 reasonable judgment, skill or safety;

14 K. Revocation or suspension of a license to practice

15 physical therapy as a physical therapist or physical

16 therapist assistant or the taking of other disciplinary

17 action by the proper licensing authority of another state,

18 territory or country;

19 L. Directly or indirectly giving to or receiving from

20 any person, firm, corporation, partnership, or association

21 any fee, commission, rebate or other form of compensation

22 for any professional services not actually or personally

23 rendered. Nothing contained in this paragraph prohibits

24 persons holding valid and current licenses under this Act

25 from practicing physical therapy in partnership under a

26 partnership agreement, including a limited liability

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1 partnership, a limited liability company, or a corporation

2 under the Professional Service Corporation Act or from

3 pooling, sharing, dividing, or apportioning the fees and

4 monies received by them or by the partnership, company, or

5 corporation in accordance with the partnership agreement

6 or the policies of the company or professional corporation.

7 Nothing in this paragraph (L) affects any bona fide

8 independent contractor or employment arrangements among

9 health care professionals, health facilities, health care

10 providers, or other entities, except as otherwise

11 prohibited by law. Any employment arrangements may include

12 provisions for compensation, health insurance, pension, or

13 other employment benefits for the provision of services

14 within the scope of the licensee's practice under this Act.

15 Nothing in this paragraph (L) shall be construed to require

16 an employment arrangement to receive professional fees for

17 services rendered;

18 M. A finding by the Board that the licensee after

19 having his or her license placed on probationary status has

20 violated the terms of probation;

21 N. Abandonment of a patient;

22 O. Willfully failing to report an instance of suspected

23 child abuse or neglect as required by the Abused and

24 Neglected Child Reporting Act;

25 P. Willfully failing to report an instance of suspected

26 elder abuse or neglect as required by the Elder Abuse

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1 Reporting Act;

2 Q. Physical illness, including but not limited to,

3 deterioration through the aging process, or loss of motor

4 skill which results in the inability to practice the

5 profession with reasonable judgement, skill or safety;

6 R. The use of any words (such as physical therapy,

7 physical therapist physiotherapy or physiotherapist),

8 abbreviations, figures or letters with the intention of

9 indicating practice as a licensed physical therapist

10 without a valid license as a physical therapist issued

11 under this Act;

12 S. The use of the term physical therapist assistant, or

13 abbreviations, figures, or letters with the intention of

14 indicating practice as a physical therapist assistant

15 without a valid license as a physical therapist assistant

16 issued under this Act;

17 T. Willfully violating or knowingly assisting in the

18 violation of any law of this State relating to the practice

19 of abortion;

20 U. Continued practice by a person knowingly having an

21 infectious, communicable or contagious disease;

22 V. Having treated ailments of human beings otherwise

23 than by the practice of physical therapy as defined in this

24 Act, or having treated ailments of human beings as a

25 licensed physical therapist independent of a documented

26 referral or a documented current and relevant diagnosis

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1 from a physician, dentist, advanced practiceregistered

2 nurse, physician assistant, or podiatric physician, or

3 having failed to notify the physician, dentist, advanced

4 practice registered nurse, physician assistant, or

5 podiatric physician who established a documented current

6 and relevant diagnosis that the patient is receiving

7 physical therapy pursuant to that diagnosis;

8 W. Being named as a perpetrator in an indicated report

9 by the Department of Children and Family Services pursuant

10 to the Abused and Neglected Child Reporting Act, and upon

11 proof by clear and convincing evidence that the licensee

12 has caused a child to be an abused child or neglected child

13 as defined in the Abused and Neglected Child Reporting Act;

14 X. Interpretation of referrals, performance of

15 evaluation procedures, planning or making major

16 modifications of patient programs by a physical therapist

17 assistant;

18 Y. Failure by a physical therapist assistant and

19 supervising physical therapist to maintain continued

20 contact, including periodic personal supervision and

21 instruction, to insure safety and welfare of patients;

22 Z. Violation of the Health Care Worker Self-Referral

23 Act.

24 (2) The determination by a circuit court that a licensee is

25 subject to involuntary admission or judicial admission as

26 provided in the Mental Health and Developmental Disabilities

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1 Code operates as an automatic suspension. Such suspension will

2 end only upon a finding by a court that the patient is no

3 longer subject to involuntary admission or judicial admission

4 and the issuance of an order so finding and discharging the

5 patient; and upon the recommendation of the Board to the

6 Director that the licensee be allowed to resume his practice.

7 (3) The Department may refuse to issue or may suspend the

8 license of any person who fails to file a return, or to pay the

9 tax, penalty or interest shown in a filed return, or to pay any

10 final assessment of tax, penalty or interest, as required by

11 any tax Act administered by the Illinois Department of Revenue,

12 until such time as the requirements of any such tax Act are

13 satisfied.

14 (Source: P.A. 98-214, eff. 8-9-13.)

15 Section 190. The Podiatric Medical Practice Act of 1987 is

16 amended by changing Section 20.5 as follows:

17 (225 ILCS 100/20.5)

18 (Section scheduled to be repealed on January 1, 2018)

19 Sec. 20.5. Delegation of authority to advanced practice

20 registered nurses.

21 (a) A podiatric physician in active clinical practice may

22 collaborate with an advanced practice registered nurse in

23 accordance with the requirements of the Nurse Practice Act.

24 Collaboration shall be for the purpose of providing podiatric

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1 care and no employment relationship shall be required. A

2 written collaborative agreement shall conform to the

3 requirements of Section 65-35 of the Nurse Practice Act. A

4 written collaborative agreement and podiatric physician

5 collaboration and consultation shall be adequate with respect

6 to advanced practice registered nurses if all of the following

7 apply:

8 (1) With respect to the provision of anesthesia

9 services by a certified registered nurse anesthetist, the

10 collaborating podiatric physician must have training and

11 experience in the delivery of anesthesia consistent with

12 Department rules.

13 (2) Methods of communication are available with the

14 collaborating podiatric physician in person or through

15 telecommunications or electronic communications for

16 consultation, collaboration, and referral as needed to

17 address patient care needs.

18 (3) With respect to the provision of anesthesia

19 services by a certified registered nurse anesthetist, an

20 anesthesiologist, physician, or podiatric physician shall

21 participate through discussion of and agreement with the

22 anesthesia plan and shall remain physically present and be

23 available on the premises during the delivery of anesthesia

24 services for diagnosis, consultation, and treatment of

25 emergency medical conditions. The anesthesiologist or

26 operating podiatric physician must agree with the

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1 anesthesia plan prior to the delivery of services.

2 (b) The collaborating podiatric physician shall have

3 access to the records of all patients attended to by an

4 advanced practice registered nurse.

5 (c) Nothing in this Section shall be construed to limit the

6 delegation of tasks or duties by a podiatric physician to a

7 licensed practical nurse, a registered professional nurse, or

8 other appropriately trained persons.

9 (d) A podiatric physician shall not be liable for the acts

10 or omissions of an advanced practice registered nurse solely on

11 the basis of having signed guidelines or a collaborative

12 agreement, an order, a standing order, a standing delegation

13 order, or other order or guideline authorizing an advanced

14 practice registered nurse to perform acts, unless the podiatric

15 physician has reason to believe the advanced practice

16 registered nurse lacked the competency to perform the act or

17 acts or commits willful or wanton misconduct.

18 (e) A podiatric physician, may, but is not required to

19 delegate prescriptive authority to an advanced practice

20 registered nurse as part of a written collaborative agreement

21 and the delegation of prescriptive authority shall conform to

22 the requirements of Section 65-40 of the Nurse Practice Act.

23 (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15.)

24 Section 195. The Respiratory Care Practice Act is amended

25 by changing Sections 10 and 15 as follows:

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1 (225 ILCS 106/10)

2 (Section scheduled to be repealed on January 1, 2026)

3 Sec. 10. Definitions. In this Act:

4 "Address of record" means the designated address recorded

5 by the Department in the applicant's or licensee's application

6 file or license file as maintained by the Department's

7 licensure maintenance unit. It is the duty of the applicant or

8 licensee to inform the Department of any change of address and

9 those changes must be made either through the Department's

10 website or by contacting the Department.

11 "Advanced practice registered nurse" means an advanced

12 practice registered nurse licensed under the Nurse Practice

13 Act.

14 "Board" means the Respiratory Care Board appointed by the

15 Secretary.

16 "Basic respiratory care activities" means and includes all

17 of the following activities:

18 (1) Cleaning, disinfecting, and sterilizing equipment

19 used in the practice of respiratory care as delegated by a

20 licensed health care professional or other authorized

21 licensed personnel.

22 (2) Assembling equipment used in the practice of

23 respiratory care as delegated by a licensed health care

24 professional or other authorized licensed personnel.

25 (3) Collecting and reviewing patient data through

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1 non-invasive means, provided that the collection and

2 review does not include the individual's interpretation of

3 the clinical significance of the data. Collecting and

4 reviewing patient data includes the performance of pulse

5 oximetry and non-invasive monitoring procedures in order

6 to obtain vital signs and notification to licensed health

7 care professionals and other authorized licensed personnel

8 in a timely manner.

9 (4) Maintaining a nasal cannula or face mask for oxygen

10 therapy in the proper position on the patient's face.

11 (5) Assembling a nasal cannula or face mask for oxygen

12 therapy at patient bedside in preparation for use.

13 (6) Maintaining a patient's natural airway by

14 physically manipulating the jaw and neck, suctioning the

15 oral cavity, or suctioning the mouth or nose with a bulb

16 syringe.

17 (7) Performing assisted ventilation during emergency

18 resuscitation using a manual resuscitator.

19 (8) Using a manual resuscitator at the direction of a

20 licensed health care professional or other authorized

21 licensed personnel who is present and performing routine

22 airway suctioning. These activities do not include care of

23 a patient's artificial airway or the adjustment of

24 mechanical ventilator settings while a patient is

25 connected to the ventilator.

26 "Basic respiratory care activities" does not mean

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1 activities that involve any of the following:

2 (1) Specialized knowledge that results from a course of

3 education or training in respiratory care.

4 (2) An unreasonable risk of a negative outcome for the

5 patient.

6 (3) The assessment or making of a decision concerning

7 patient care.

8 (4) The administration of aerosol medication or

9 medical gas.

10 (5) The insertion and maintenance of an artificial

11 airway.

12 (6) Mechanical ventilatory support.

13 (7) Patient assessment.

14 (8) Patient education.

15 (9) The transferring of oxygen devices, for purposes of

16 patient transport, with a liter flow greater than 6 liters

17 per minute, and the transferring of oxygen devices at any

18 liter flow being delivered to patients less than 12 years

19 of age.

20 "Department" means the Department of Financial and

21 Professional Regulation.

22 "Licensed" means that which is required to hold oneself out

23 as a respiratory care practitioner as defined in this Act.

24 "Licensed health care professional" means a physician

25 licensed to practice medicine in all its branches, a licensed

26 advanced practice registered nurse, or a licensed physician

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1 assistant.

2 "Order" means a written, oral, or telecommunicated

3 authorization for respiratory care services for a patient by

4 (i) a licensed health care professional who maintains medical

5 supervision of the patient and makes a diagnosis or verifies

6 that the patient's condition is such that it may be treated by

7 a respiratory care practitioner or (ii) a certified registered

8 nurse anesthetist in a licensed hospital or ambulatory surgical

9 treatment center.

10 "Other authorized licensed personnel" means a licensed

11 respiratory care practitioner, a licensed registered nurse, or

12 a licensed practical nurse whose scope of practice authorizes

13 the professional to supervise an individual who is not

14 licensed, certified, or registered as a health professional.

15 "Proximate supervision" means a situation in which an

16 individual is responsible for directing the actions of another

17 individual in the facility and is physically close enough to be

18 readily available, if needed, by the supervised individual.

19 "Respiratory care" and "cardiorespiratory care" mean

20 preventative services, evaluation and assessment services,

21 therapeutic services, cardiopulmonary disease management, and

22 rehabilitative services under the order of a licensed health

23 care professional for an individual with a disorder, disease,

24 or abnormality of the cardiopulmonary system. These terms

25 include, but are not limited to, measuring, observing,

26 assessing, and monitoring signs and symptoms, reactions,

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1 general behavior, and general physical response of individuals

2 to respiratory care services, including the determination of

3 whether those signs, symptoms, reactions, behaviors, or

4 general physical responses exhibit abnormal characteristics;

5 the administration of pharmacological and therapeutic agents

6 and procedures related to respiratory care services; the

7 collection of blood specimens and other bodily fluids and

8 tissues for, and the performance of, cardiopulmonary

9 diagnostic testing procedures, including, but not limited to,

10 blood gas analysis; development, implementation, and

11 modification of respiratory care treatment plans based on

12 assessed abnormalities of the cardiopulmonary system,

13 respiratory care guidelines, referrals, and orders of a

14 licensed health care professional; application, operation, and

15 management of mechanical ventilatory support and other means of

16 life support, including, but not limited to, hemodynamic

17 cardiovascular support; and the initiation of emergency

18 procedures under the rules promulgated by the Department. A

19 respiratory care practitioner shall refer to a physician

20 licensed to practice medicine in all its branches any patient

21 whose condition, at the time of evaluation or treatment, is

22 determined to be beyond the scope of practice of the

23 respiratory care practitioner.

24 "Respiratory care education program" means a course of

25 academic study leading to eligibility for registry or

26 certification in respiratory care. The training is to be

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1 approved by an accrediting agency recognized by the Board and

2 shall include an evaluation of competence through a

3 standardized testing mechanism that is determined by the Board

4 to be both valid and reliable.

5 "Respiratory care practitioner" means a person who is

6 licensed by the Department of Professional Regulation and meets

7 all of the following criteria:

8 (1) The person is engaged in the practice of

9 cardiorespiratory care and has the knowledge and skill

10 necessary to administer respiratory care.

11 (2) The person is capable of serving as a resource to

12 the licensed health care professional in relation to the

13 technical aspects of cardiorespiratory care and the safe

14 and effective methods for administering cardiorespiratory

15 care modalities.

16 (3) The person is able to function in situations of

17 unsupervised patient contact requiring great individual

18 judgment.

19 "Secretary" means the Secretary of Financial and

20 Professional Regulation.

21 (Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15;

22 99-642, eff. 7-28-16.)

23 (225 ILCS 106/15)

24 (Section scheduled to be repealed on January 1, 2026)

25 Sec. 15. Exemptions.

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1 (a) This Act does not prohibit a person legally regulated

2 in this State by any other Act from engaging in any practice

3 for which he or she is authorized.

4 (b) Nothing in this Act shall prohibit the practice of

5 respiratory care by a person who is employed by the United

6 States government or any bureau, division, or agency thereof

7 while in the discharge of the employee's official duties.

8 (c) Nothing in this Act shall be construed to limit the

9 activities and services of a person enrolled in an approved

10 course of study leading to a degree or certificate of registry

11 or certification eligibility in respiratory care if these

12 activities and services constitute a part of a supervised

13 course of study and if the person is designated by a title

14 which clearly indicates his or her status as a student or

15 trainee. Status as a student or trainee shall not exceed 3

16 years from the date of enrollment in an approved course.

17 (d) Nothing in this Act shall prohibit a person from

18 treating ailments by spiritual means through prayer alone in

19 accordance with the tenets and practices of a recognized church

20 or religious denomination.

21 (e) Nothing in this Act shall be construed to prevent a

22 person who is a registered nurse, an advanced practice

23 registerednurse, a licensed practical nurse, a physician

24 assistant, or a physician licensed to practice medicine in all

25 its branches from providing respiratory care.

26 (f) Nothing in this Act shall limit a person who is

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1 credentialed by the National Society for Cardiopulmonary

2 Technology or the National Board for Respiratory Care from

3 performing pulmonary function tests and respiratory care

4 procedures related to the pulmonary function test. Individuals

5 who do not possess a license to practice respiratory care or a

6 license in another health care field may perform basic

7 screening spirometry limited to peak flow, forced vital

8 capacity, slow vital capacity, and maximum voluntary

9 ventilation if they possess spirometry certification from the

10 National Institute for Occupational Safety and Health, an

11 Office Spirometry Certificate from the American Association

12 for Respiratory Care, or other similarly accepted

13 certification training.

14 (g) Nothing in this Act shall prohibit the collection and

15 analysis of blood by clinical laboratory personnel meeting the

16 personnel standards of the Illinois Clinical Laboratory Act.

17 (h) Nothing in this Act shall prohibit a polysomnographic

18 technologist, technician, or trainee, as defined in the job

19 descriptions jointly accepted by the American Academy of Sleep

20 Medicine, the Association of Polysomnographic Technologists,

21 the Board of Registered Polysomnographic Technologists, and

22 the American Society of Electroneurodiagnostic Technologists,

23 from performing activities within the scope of practice of

24 polysomnographic technology while under the direction of a

25 physician licensed in this State.

26 (i) Nothing in this Act shall prohibit a family member from

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1 providing respiratory care services to an ill person.

2 (j) Nothing in this Act shall be construed to limit an

3 unlicensed practitioner in a licensed hospital who is working

4 under the proximate supervision of a licensed health care

5 professional or other authorized licensed personnel and

6 providing direct patient care services from performing basic

7 respiratory care activities if the unlicensed practitioner (i)

8 has been trained to perform the basic respiratory care

9 activities at the facility that employs or contracts with the

10 individual and (ii) at a minimum, has annually received an

11 evaluation of the unlicensed practitioner's performance of

12 basic respiratory care activities documented by the facility.

13 (k) Nothing in this Act shall be construed to prohibit a

14 person enrolled in a respiratory care education program or an

15 approved course of study leading to a degree or certification

16 in a health care-related discipline that provides respiratory

17 care activities within his or her scope of practice and

18 employed in a licensed hospital in order to provide direct

19 patient care services under the direction of other authorized

20 licensed personnel from providing respiratory care activities.

21 (l) Nothing in this Act prohibits a person licensed as a

22 respiratory care practitioner in another jurisdiction from

23 providing respiratory care: (i) in a declared emergency in this

24 State; (ii) as a member of an organ procurement team; or (iii)

25 as part of a medical transport team that is transporting a

26 patient into or out of this State.

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1 (Source: P.A. 99-230, eff. 8-3-15.)

2 Section 200. The Sex Offender Evaluation and Treatment

3 Provider Act is amended by changing Sections 35 and 40 as

4 follows:

5 (225 ILCS 109/35)

6 Sec. 35. Qualifications for licensure.

7 (a)(1) A person is qualified for licensure as a sex

8 offender evaluator if that person:

9 (A) has applied in writing on forms prepared and

10 furnished by the Department;

11 (B) has not engaged or is not engaged in any practice

12 or conduct that would be grounds for disciplining a

13 licensee under Section 75 of this Act; and

14 (C) satisfies the licensure and experience

15 requirements of paragraph (2) of this subsection (a).

16 (2) A person who applies to the Department shall be issued

17 a sex offender evaluator license by the Department if the

18 person meets the qualifications set forth in paragraph (1) of

19 this subsection (a) and provides evidence to the Department

20 that the person:

21 (A) is a physician licensed to practice medicine in all

22 of its branches under the Medical Practice Act of 1987 or

23 licensed under the laws of another state; an advanced

24 practice registered nurse with psychiatric specialty

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1 licensed under the Nurse Practice Act or licensed under the

2 laws of another state; a clinical psychologist licensed

3 under the Clinical Psychologist Licensing Act or licensed

4 under the laws of another state; a licensed clinical social

5 worker licensed under the Clinical Social Work and Social

6 Work Practice Act or licensed under the laws of another

7 state; a licensed clinical professional counselor licensed

8 under the Professional Counselor and Clinical Professional

9 Counselor Licensing and Practice Act or licensed under the

10 laws of another state; or a licensed marriage and family

11 therapist licensed under the Marriage and Family Therapy

12 ~~Therapist~~ Licensing Act or licensed under the laws of

13 another state;

14 (B) has 400 hours of supervised experience in the

15 treatment or evaluation of sex offenders in the last 4

16 years, at least 200 of which are face-to-face therapy or

17 evaluation with sex offenders;

18 (C) has completed at least 10 sex offender evaluations

19 under supervision in the past 4 years; and

20 (D) has at least 40 hours of documented training in the

21 specialty of sex offender evaluation, treatment, or

22 management.

23 Until January 1, 2015, the requirements of subparagraphs

24 (B) and (D) of paragraph (2) of this subsection (a) are

25 satisfied if the applicant has been listed on the Sex Offender

26 Management Board's Approved Provider List for a minimum of 2

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1 years before application for licensure. Until January 1, 2015,

2 the requirements of subparagraph (C) of paragraph (2) of this

3 subsection (a) are satisfied if the applicant has completed at

4 least 10 sex offender evaluations within the 4 years before

5 application for licensure.

6 (b)(1) A person is qualified for licensure as a sex

7 offender treatment provider if that person:

8 (A) has applied in writing on forms prepared and

9 furnished by the Department;

10 (B) has not engaged or is not engaged in any practice

11 or conduct that would be grounds for disciplining a

12 licensee under Section 75 of this Act; and

13 (C) satisfies the licensure and experience

14 requirements of paragraph (2) of this subsection (b).

15 (2) A person who applies to the Department shall be issued

16 a sex offender treatment provider license by the Department if

17 the person meets the qualifications set forth in paragraph (1)

18 of this subsection (b) and provides evidence to the Department

19 that the person:

20 (A) is a physician licensed to practice medicine in all

21 of its branches under the Medical Practice Act of 1987 or

22 licensed under the laws of another state; an advanced

23 practice registered nurse with psychiatric specialty

24 licensed under the Nurse Practice Act or licensed under the

25 laws of another state; a clinical psychologist licensed

26 under the Clinical Psychologist Licensing Act or licensed

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1 under the laws of another state; a licensed clinical social

2 worker licensed under the Clinical Social Work and Social

3 Work Practice Act or licensed under the laws of another

4 state; a licensed clinical professional counselor licensed

5 under the Professional Counselor and Clinical Professional

6 Counselor Licensing and Practice Act or licensed under the

7 laws of another state; or a licensed marriage and family

8 therapist licensed under the Marriage and Family Therapy

9 ~~Therapist~~ Licensing Act or licensed under the laws of

10 another state;

11 (B) has 400 hours of supervised experience in the

12 treatment of sex offenders in the last 4 years, at least

13 200 of which are face-to-face therapy with sex offenders;

14 and

15 (C) has at least 40 hours documented training in the

16 specialty of sex offender evaluation, treatment, or

17 management.

18 Until January 1, 2015, the requirements of subparagraphs

19 (B) and (C) of paragraph (2) of this subsection (b) are

20 satisfied if the applicant has been listed on the Sex Offender

21 Management Board's Approved Provider List for a minimum of 2

22 years before application.

23 (c)(1) A person is qualified for licensure as an associate

24 sex offender provider if that person:

25 (A) has applied in writing on forms prepared and

26 furnished by the Department;

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1 (B) has not engaged or is not engaged in any practice

2 or conduct that would be grounds for disciplining a

3 licensee under Section 75 of this Act; and

4 (C) satisfies the education and experience

5 requirements of paragraph (2) of this subsection (c).

6 (2) A person who applies to the Department shall be issued

7 an associate sex offender provider license by the Department if

8 the person meets the qualifications set forth in paragraph (1)

9 of this subsection (c) and provides evidence to the Department

10 that the person holds a master's degree or higher in social

11 work, psychology, marriage and family therapy, counseling or

12 closely related behavioral science degree, or psychiatry.

13 (Source: P.A. 97-1098, eff. 7-1-13; 98-612, eff. 12-27-13;

14 revised 9-14-16.)

15 (225 ILCS 109/40)

16 Sec. 40. Application; exemptions.

17 (a) No person may act as a sex offender evaluator, sex

18 offender treatment provider, or associate sex offender

19 provider as defined in this Act for the provision of sex

20 offender evaluations or sex offender treatment pursuant to the

21 Sex Offender Management Board Act, the Sexually Dangerous

22 Persons Act, or the Sexually Violent Persons Commitment Act

23 unless the person is licensed to do so by the Department. Any

24 evaluation or treatment services provided by a licensed health

25 care professional not licensed under this Act shall not be

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1 valid under the Sex Offender Management Board Act, the Sexually

2 Dangerous Persons Act, or the Sexually Violent Persons

3 Commitment Act. No business shall provide, attempt to provide,

4 or offer to provide sex offender evaluation services unless it

5 is organized under the Professional Service Corporation Act,

6 the Medical Corporation Act, or the Professional Limited

7 Liability Company Act.

8 (b) Nothing in this Act shall be construed to require any

9 licensed physician, advanced practice registered nurse,

10 physician assistant, or other health care professional to be

11 licensed under this Act for the provision of services for which

12 the person is otherwise licensed. This Act does not prohibit a

13 person licensed under any other Act in this State from engaging

14 in the practice for which he or she is licensed. This Act only

15 applies to the provision of sex offender evaluations or sex

16 offender treatment provided for the purposes of complying with

17 the Sex Offender Management Board Act, the Sexually Dangerous

18 Persons Act, or the Sexually Violent Persons Commitment Act.

19 (Source: P.A. 99-227, eff. 8-3-15.)

20 Section 205. The Registered Surgical Assistant and

21 Registered Surgical Technologist Title Protection Act is

22 amended by changing Section 40 as follows:

23 (225 ILCS 130/40)

24 (Section scheduled to be repealed on January 1, 2024)

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1 Sec. 40. Application of Act. This Act shall not be

2 construed to prohibit the following:

3 (1) A person licensed in this State under any other Act

4 from engaging in the practice for which he or she is

5 licensed, including but not limited to a physician licensed

6 to practice medicine in all its branches, physician

7 assistant, advanced practice registered nurse, or nurse

8 performing surgery-related tasks within the scope of his or

9 her license, nor are these individuals required to be

10 registered under this Act.

11 (2) A person from engaging in practice as a surgical

12 assistant or surgical technologist in the discharge of his

13 or her official duties as an employee of the United States

14 government.

15 (3) One or more registered surgical assistants or

16 surgical technologists from forming a professional service

17 corporation in accordance with the Professional Service

18 Corporation Act and applying for licensure as a corporation

19 providing surgical assistant or surgical technologist

20 services.

21 (4) A student engaging in practice as a surgical

22 assistant or surgical technologist under the direct

23 supervision of a physician licensed to practice medicine in

24 all of its branches as part of his or her program of study

25 at a school approved by the Department or in preparation to

26 qualify for the examination as prescribed under Sections 45

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1 and 50 of this Act.

2 (5) A person from assisting in surgery at a physician's

3 discretion, including but not limited to medical students

4 and residents, nor are medical students and residents

5 required to be registered under this Act.

6 (6) A hospital, health system or network, ambulatory

7 surgical treatment center, physician licensed to practice

8 medicine in all its branches, physician medical group, or

9 other entity that provides surgery-related services from

10 employing individuals that the entity considers competent

11 to assist in surgery. These entities are not required to

12 utilize registered surgical assistants or registered

13 surgical technologists when providing surgery-related

14 services to patients. Nothing in this subsection shall be

15 construed to limit the ability of an employer to utilize

16 the services of any person to assist in surgery within the

17 employment setting consistent with the individual's skill

18 and training.

19 (Source: P.A. 98-364, eff. 12-31-13.)

20 Section 210. The Genetic Counselor Licensing Act is amended

21 by changing Sections 90 and 95 as follows:

22 (225 ILCS 135/90)

23 (Section scheduled to be repealed on January 1, 2025)

24 Sec. 90. Privileged communications and exceptions.

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1 (a) With the exception of disclosure to the physician

2 performing or supervising a genetic test and to the referring

3 physician licensed to practice medicine in all its branches,

4 advanced practice registered nurse, or physician assistant, no

5 licensed genetic counselor shall disclose any information

6 acquired from persons consulting the counselor in a

7 professional capacity, except that which may be voluntarily

8 disclosed under any of the following circumstances:

9 (1) In the course of formally reporting, conferring, or

10 consulting with administrative superiors, colleagues, or

11 consultants who share professional responsibility, in

12 which instance all recipients of the information are

13 similarly bound to regard the communication as privileged.

14 (2) With the written consent of the person who provided

15 the information and about whom the information concerns.

16 (3) In the case of death or disability, with the

17 written consent of a personal representative.

18 (4) When a communication reveals the intended

19 commission of a crime or harmful act and such disclosure is

20 judged necessary in the professional judgment of the

21 licensed genetic counselor to protect any person from a

22 clear risk of serious mental or physical harm or injury or

23 to forestall a serious threat to the public safety.

24 (5) When the person waives the privilege by bringing

25 any public charges or filing a lawsuit against the

26 licensee.

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1 (b) Any person having access to records or anyone who

2 participates in providing genetic counseling services, or in

3 providing any human services, or is supervised by a licensed

4 genetic counselor is similarly bound to regard all information

5 and communications as privileged in accord with this Section.

6 (c) The Mental Health and Developmental Disabilities

7 Confidentiality Act is incorporated herein as if all of its

8 provisions were included in this Act. In the event of a

9 conflict between the application of this Section and the Mental

10 Health and Developmental Disabilities Confidentiality Act to a

11 specific situation, the provisions of the Mental Health and

12 Developmental Disabilities Confidentiality Act shall control.

13 (Source: P.A. 96-1313, eff. 7-27-10.)

14 (225 ILCS 135/95)

15 (Section scheduled to be repealed on January 1, 2025)

16 Sec. 95. Grounds for discipline.

17 (a) The Department may refuse to issue, renew, or may

18 revoke, suspend, place on probation, reprimand, or take other

19 disciplinary or non-disciplinary action as the Department

20 deems appropriate, including the issuance of fines not to

21 exceed $10,000 for each violation, with regard to any license

22 for any one or more of the following:

23 (1) Material misstatement in furnishing information to

24 the Department or to any other State agency.

25 (2) Violations or negligent or intentional disregard

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1 of this Act, or any of its rules.

2 (3) Conviction by plea of guilty or nolo contendere,

3 finding of guilt, jury verdict, or entry of judgment or

4 sentencing, including, but not limited to, convictions,

5 preceding sentences of supervision, conditional discharge,

6 or first offender probation, under the laws of any

7 jurisdiction of the United States: (i) that is a felony or

8 (ii) that is a misdemeanor, an essential element of which

9 is dishonesty, or that is directly related to the practice

10 of genetic counseling.

11 (4) Making any misrepresentation for the purpose of

12 obtaining a license, or violating any provision of this Act

13 or its rules.

14 (5) Negligence in the rendering of genetic counseling

15 services.

16 (6) Failure to provide genetic testing results and any

17 requested information to a referring physician licensed to

18 practice medicine in all its branches, advanced practice

19 registerednurse, or physician assistant.

20 (7) Aiding or assisting another person in violating any

21 provision of this Act or any rules.

22 (8) Failing to provide information within 60 days in

23 response to a written request made by the Department.

24 (9) Engaging in dishonorable, unethical, or

25 unprofessional conduct of a character likely to deceive,

26 defraud, or harm the public and violating the rules of

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1 professional conduct adopted by the Department.

2 (10) Failing to maintain the confidentiality of any

3 information received from a client, unless otherwise

4 authorized or required by law.

5 (10.5) Failure to maintain client records of services

6 provided and provide copies to clients upon request.

7 (11) Exploiting a client for personal advantage,

8 profit, or interest.

9 (12) Habitual or excessive use or addiction to alcohol,

10 narcotics, stimulants, or any other chemical agent or drug

11 which results in inability to practice with reasonable

12 skill, judgment, or safety.

13 (13) Discipline by another governmental agency or unit

14 of government, by any jurisdiction of the United States, or

15 by a foreign nation, if at least one of the grounds for the

16 discipline is the same or substantially equivalent to those

17 set forth in this Section.

18 (14) Directly or indirectly giving to or receiving from

19 any person, firm, corporation, partnership, or association

20 any fee, commission, rebate, or other form of compensation

21 for any professional service not actually rendered.

22 Nothing in this paragraph (14) affects any bona fide

23 independent contractor or employment arrangements among

24 health care professionals, health facilities, health care

25 providers, or other entities, except as otherwise

26 prohibited by law. Any employment arrangements may include

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1 provisions for compensation, health insurance, pension, or

2 other employment benefits for the provision of services

3 within the scope of the licensee's practice under this Act.

4 Nothing in this paragraph (14) shall be construed to

5 require an employment arrangement to receive professional

6 fees for services rendered.

7 (15) A finding by the Department that the licensee,

8 after having the license placed on probationary status has

9 violated the terms of probation.

10 (16) Failing to refer a client to other health care

11 professionals when the licensee is unable or unwilling to

12 adequately support or serve the client.

13 (17) Willfully filing false reports relating to a

14 licensee's practice, including but not limited to false

15 records filed with federal or State agencies or

16 departments.

17 (18) Willfully failing to report an instance of

18 suspected child abuse or neglect as required by the Abused

19 and Neglected Child Reporting Act.

20 (19) Being named as a perpetrator in an indicated

21 report by the Department of Children and Family Services

22 pursuant to the Abused and Neglected Child Reporting Act,

23 and upon proof by clear and convincing evidence that the

24 licensee has caused a child to be an abused child or

25 neglected child as defined in the Abused and Neglected

26 Child Reporting Act.

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1 (20) Physical or mental disability, including

2 deterioration through the aging process or loss of

3 abilities and skills which results in the inability to

4 practice the profession with reasonable judgment, skill,

5 or safety.

6 (21) Solicitation of professional services by using

7 false or misleading advertising.

8 (22) Failure to file a return, or to pay the tax,

9 penalty of interest shown in a filed return, or to pay any

10 final assessment of tax, penalty or interest, as required

11 by any tax Act administered by the Illinois Department of

12 Revenue or any successor agency or the Internal Revenue

13 Service or any successor agency.

14 (23) Fraud or making any misrepresentation in applying

15 for or procuring a license under this Act or in connection

16 with applying for renewal of a license under this Act.

17 (24) Practicing or attempting to practice under a name

18 other than the full name as shown on the license or any

19 other legally authorized name.

20 (25) Gross overcharging for professional services,

21 including filing statements for collection of fees or

22 monies for which services are not rendered.

23 (26) (Blank).

24 (27) Charging for professional services not rendered,

25 including filing false statements for the collection of

26 fees for which services are not rendered.

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1 (28) Allowing one's license under this Act to be used

2 by an unlicensed person in violation of this Act.

3 (b) The Department shall deny, without hearing, any

4 application or renewal for a license under this Act to any

5 person who has defaulted on an educational loan guaranteed by

6 the Illinois Student ~~State~~ Assistance Commission; however, the

7 Department may issue a license or renewal if the person in

8 default has established a satisfactory repayment record as

9 determined by the Illinois Student Assistance Commission.

10 (c) The determination by a court that a licensee is subject

11 to involuntary admission or judicial admission as provided in

12 the Mental Health and Developmental Disabilities Code will

13 result in an automatic suspension of his or her license. The

14 suspension will end upon a finding by a court that the licensee

15 is no longer subject to involuntary admission or judicial

16 admission, the issuance of an order so finding and discharging

17 the patient, and the determination of the Secretary that the

18 licensee be allowed to resume professional practice.

19 (d) The Department may refuse to issue or renew or may

20 suspend without hearing the license of any person who fails to

21 file a return, to pay the tax penalty or interest shown in a

22 filed return, or to pay any final assessment of the tax,

23 penalty, or interest as required by any Act regarding the

24 payment of taxes administered by the Illinois Department of

25 Revenue until the requirements of the Act are satisfied in

26 accordance with subsection (g) of Section 2105-15 of the Civil

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1 Administrative Code of Illinois.

2 (e) In cases where the Department of Healthcare and Family

3 Services has previously determined that a licensee or a

4 potential licensee is more than 30 days delinquent in the

5 payment of child support and has subsequently certified the

6 delinquency to the Department, the Department may refuse to

7 issue or renew or may revoke or suspend that person's license

8 or may take other disciplinary action against that person based

9 solely upon the certification of delinquency made by the

10 Department of Healthcare and Family Services in accordance with

11 item (5) of subsection (a) of Section 2105-15 of the Department

12 of Professional Regulation Law of the Civil Administrative Code

13 of Illinois.

14 (f) All fines or costs imposed under this Section shall be

15 paid within 60 days after the effective date of the order

16 imposing the fine or costs or in accordance with the terms set

17 forth in the order imposing the fine.

18 (Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;

19 99-633, eff. 1-1-17; revised 10-27-16.)

20 Section 215. The Illinois Public Aid Code is amended by

21 changing Sections 5-8 and 12-4.37 as follows:

22 (305 ILCS 5/5-8) (from Ch. 23, par. 5-8)

23 Sec. 5-8. Practitioners. In supplying medical assistance,

24 the Illinois Department may provide for the legally authorized

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1 services of (i) persons licensed under the Medical Practice Act

2 of 1987, as amended, except as hereafter in this Section

3 stated, whether under a general or limited license, (ii)

4 persons licensed under the Nurse Practice Act as advanced

5 practice registered nurses, regardless of whether or not the

6 persons have written collaborative agreements, (iii) persons

7 licensed or registered under other laws of this State to

8 provide dental, medical, pharmaceutical, optometric,

9 podiatric, or nursing services, or other remedial care

10 recognized under State law, and (iv) persons licensed under

11 other laws of this State as a clinical social worker. The

12 Department shall adopt rules, no later than 90 days after the

13 effective date of this amendatory Act of the 99th General

14 Assembly, for the legally authorized services of persons

15 licensed under other laws of this State as a clinical social

16 worker. The Department may not provide for legally authorized

17 services of any physician who has been convicted of having

18 performed an abortion procedure in a wilful and wanton manner

19 on a woman who was not pregnant at the time such abortion

20 procedure was performed. The utilization of the services of

21 persons engaged in the treatment or care of the sick, which

22 persons are not required to be licensed or registered under the

23 laws of this State, is not prohibited by this Section.

24 (Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17.)

25 (305 ILCS 5/12-4.37)

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1 Sec. 12-4.37. Children's Healthcare Partnership Pilot

2 Program.

3 (a) The Department of Healthcare and Family Services, in

4 cooperation with the Department of Human Services, shall

5 establish a Children's Healthcare Partnership Pilot Program in

6 Sangamon County to fund the provision of various health care

7 services by a single provider, or a group of providers that

8 have entered into an agreement for that purpose, at a single

9 location in the county. Services covered under the pilot

10 program shall include, but need not be limited to, family

11 practice, pediatric, nursing (including advanced practice

12 registered nursing), psychiatric, dental, and vision services.

13 The Departments shall fund the provision of all services

14 provided under the pilot program using a rate structure that is

15 cost-based. To be selected by the Departments as the provider

16 of health care services under the pilot program, a provider or

17 group of providers must serve a disproportionate share of

18 low-income or indigent patients, including recipients of

19 medical assistance under Article V of this Code. The

20 Departments shall adopt rules as necessary to implement this

21 Section.

22 (b) Implementation of this Section is contingent on federal

23 approval. The Department of Healthcare and Family Services

24 shall take appropriate action by January 1, 2010 to seek

25 federal approval.

26 (c) This Section is inoperative if the provider of health

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1 care services under the pilot program receives designation as a

2 Federally Qualified Health Center (FQHC) or FQHC Look-Alike.

3 (Source: P.A. 96-691, eff. 8-25-09; 96-1000, eff. 7-2-10.)

4 Section 220. The Older Adult Services Act is amended by

5 changing Section 35 as follows:

6 (320 ILCS 42/35)

7 Sec. 35. Older Adult Services Advisory Committee.

8 (a) The Older Adult Services Advisory Committee is created

9 to advise the directors of Aging, Healthcare and Family

10 Services, and Public Health on all matters related to this Act

11 and the delivery of services to older adults in general.

12 (b) The Advisory Committee shall be comprised of the

13 following:

14 (1) The Director of Aging or his or her designee, who

15 shall serve as chair and shall be an ex officio and

16 nonvoting member.

17 (2) The Director of Healthcare and Family Services and

18 the Director of Public Health or their designees, who shall

19 serve as vice-chairs and shall be ex officio and nonvoting

20 members.

21 (3) One representative each of the Governor's Office,

22 the Department of Healthcare and Family Services, the

23 Department of Public Health, the Department of Veterans'

24 Affairs, the Department of Human Services, the Department

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1 of Insurance, the Department of Commerce and Economic

2 Opportunity, the Department on Aging, the Department on

3 Aging's State Long Term Care Ombudsman, the Illinois

4 Housing Finance Authority, and the Illinois Housing

5 Development Authority, each of whom shall be selected by

6 his or her respective director and shall be an ex officio

7 and nonvoting member.

8 (4) Thirty members appointed by the Director of Aging

9 in collaboration with the directors of Public Health and

10 Healthcare and Family Services, and selected from the

11 recommendations of statewide associations and

12 organizations, as follows:

13 (A) One member representing the Area Agencies on

14 Aging;

15 (B) Four members representing nursing homes or

16 licensed assisted living establishments;

17 (C) One member representing home health agencies;

18 (D) One member representing case management

19 services;

20 (E) One member representing statewide senior

21 center associations;

22 (F) One member representing Community Care Program

23 homemaker services;

24 (G) One member representing Community Care Program

25 adult day services;

26 (H) One member representing nutrition project

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1 directors;

2 (I) One member representing hospice programs;

3 (J) One member representing individuals with

4 Alzheimer's disease and related dementias;

5 (K) Two members representing statewide trade or

6 labor unions;

7 (L) One advanced practice registered nurse with

8 experience in gerontological nursing;

9 (M) One physician specializing in gerontology;

10 (N) One member representing regional long-term

11 care ombudsmen;

12 (O) One member representing municipal, township,

13 or county officials;

14 (P) (Blank);

15 (Q) (Blank);

16 (R) One member representing the parish nurse

17 movement;

18 (S) One member representing pharmacists;

19 (T) Two members representing statewide

20 organizations engaging in advocacy or legal

21 representation on behalf of the senior population;

22 (U) Two family caregivers;

23 (V) Two citizen members over the age of 60;

24 (W) One citizen with knowledge in the area of

25 gerontology research or health care law;

26 (X) One representative of health care facilities

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1 licensed under the Hospital Licensing Act; and

2 (Y) One representative of primary care service

3 providers.

4 The Director of Aging, in collaboration with the Directors

5 of Public Health and Healthcare and Family Services, may

6 appoint additional citizen members to the Older Adult Services

7 Advisory Committee. Each such additional member must be either

8 an individual age 60 or older or an uncompensated caregiver for

9 a family member or friend who is age 60 or older.

10 (c) Voting members of the Advisory Committee shall serve

11 for a term of 3 years or until a replacement is named. All

12 members shall be appointed no later than January 1, 2005. Of

13 the initial appointees, as determined by lot, 10 members shall

14 serve a term of one year; 10 shall serve for a term of 2 years;

15 and 12 shall serve for a term of 3 years. Any member appointed

16 to fill a vacancy occurring prior to the expiration of the term

17 for which his or her predecessor was appointed shall be

18 appointed for the remainder of that term. The Advisory

19 Committee shall meet at least quarterly and may meet more

20 frequently at the call of the Chair. A simple majority of those

21 appointed shall constitute a quorum. The affirmative vote of a

22 majority of those present and voting shall be necessary for

23 Advisory Committee action. Members of the Advisory Committee

24 shall receive no compensation for their services.

25 (d) The Advisory Committee shall have an Executive

26 Committee comprised of the Chair, the Vice Chairs, and up to 15

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1 members of the Advisory Committee appointed by the Chair who

2 have demonstrated expertise in developing, implementing, or

3 coordinating the system restructuring initiatives defined in

4 Section 25. The Executive Committee shall have responsibility

5 to oversee and structure the operations of the Advisory

6 Committee and to create and appoint necessary subcommittees and

7 subcommittee members.

8 (e) The Advisory Committee shall study and make

9 recommendations related to the implementation of this Act,

10 including but not limited to system restructuring initiatives

11 as defined in Section 25 or otherwise related to this Act.

12 (Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10.)

13 Section 225. The Abused and Neglected Child Reporting Act

14 is amended by changing Section 4 as follows:

15 (325 ILCS 5/4)

16 Sec. 4. Persons required to report; privileged

17 communications; transmitting false report. Any physician,

18 resident, intern, hospital, hospital administrator and

19 personnel engaged in examination, care and treatment of

20 persons, surgeon, dentist, dentist hygienist, osteopath,

21 chiropractor, podiatric physician, physician assistant,

22 substance abuse treatment personnel, funeral home director or

23 employee, coroner, medical examiner, emergency medical

24 technician, acupuncturist, crisis line or hotline personnel,

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1 school personnel (including administrators and both certified

2 and non-certified school employees), personnel of institutions

3 of higher education, educational advocate assigned to a child

4 pursuant to the School Code, member of a school board or the

5 Chicago Board of Education or the governing body of a private

6 school (but only to the extent required in accordance with

7 other provisions of this Section expressly concerning the duty

8 of school board members to report suspected child abuse),

9 truant officers, social worker, social services administrator,

10 domestic violence program personnel, registered nurse,

11 licensed practical nurse, genetic counselor, respiratory care

12 practitioner, advanced practice registerednurse, home health

13 aide, director or staff assistant of a nursery school or a

14 child day care center, recreational or athletic program or

15 facility personnel, early intervention provider as defined in

16 the Early Intervention Services System Act, law enforcement

17 officer, licensed professional counselor, licensed clinical

18 professional counselor, registered psychologist and assistants

19 working under the direct supervision of a psychologist,

20 psychiatrist, or field personnel of the Department of

21 Healthcare and Family Services, Juvenile Justice, Public

22 Health, Human Services (acting as successor to the Department

23 of Mental Health and Developmental Disabilities,

24 Rehabilitation Services, or Public Aid), Corrections, Human

25 Rights, or Children and Family Services, supervisor and

26 administrator of general assistance under the Illinois Public

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1 Aid Code, probation officer, animal control officer or Illinois

2 Department of Agriculture Bureau of Animal Health and Welfare

3 field investigator, or any other foster parent, homemaker or

4 child care worker having reasonable cause to believe a child

5 known to them in their professional or official capacity may be

6 an abused child or a neglected child shall immediately report

7 or cause a report to be made to the Department.

8 Any member of the clergy having reasonable cause to believe

9 that a child known to that member of the clergy in his or her

10 professional capacity may be an abused child as defined in item

11 (c) of the definition of "abused child" in Section 3 of this

12 Act shall immediately report or cause a report to be made to

13 the Department.

14 Any physician, physician's assistant, registered nurse,

15 licensed practical nurse, medical technician, certified

16 nursing assistant, social worker, or licensed professional

17 counselor of any office, clinic, or any other physical location

18 that provides abortions, abortion referrals, or contraceptives

19 having reasonable cause to believe a child known to him or her

20 in his or her professional or official capacity may be an

21 abused child or a neglected child shall immediately report or

22 cause a report to be made to the Department.

23 If an allegation is raised to a school board member during

24 the course of an open or closed school board meeting that a

25 child who is enrolled in the school district of which he or she

26 is a board member is an abused child as defined in Section 3 of

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1 this Act, the member shall direct or cause the school board to

2 direct the superintendent of the school district or other

3 equivalent school administrator to comply with the

4 requirements of this Act concerning the reporting of child

5 abuse. For purposes of this paragraph, a school board member is

6 granted the authority in his or her individual capacity to

7 direct the superintendent of the school district or other

8 equivalent school administrator to comply with the

9 requirements of this Act concerning the reporting of child

10 abuse.

11 Notwithstanding any other provision of this Act, if an

12 employee of a school district has made a report or caused a

13 report to be made to the Department under this Act involving

14 the conduct of a current or former employee of the school

15 district and a request is made by another school district for

16 the provision of information concerning the job performance or

17 qualifications of the current or former employee because he or

18 she is an applicant for employment with the requesting school

19 district, the general superintendent of the school district to

20 which the request is being made must disclose to the requesting

21 school district the fact that an employee of the school

22 district has made a report involving the conduct of the

23 applicant or caused a report to be made to the Department, as

24 required under this Act. Only the fact that an employee of the

25 school district has made a report involving the conduct of the

26 applicant or caused a report to be made to the Department may

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1 be disclosed by the general superintendent of the school

2 district to which the request for information concerning the

3 applicant is made, and this fact may be disclosed only in cases

4 where the employee and the general superintendent have not been

5 informed by the Department that the allegations were unfounded.

6 An employee of a school district who is or has been the subject

7 of a report made pursuant to this Act during his or her

8 employment with the school district must be informed by that

9 school district that if he or she applies for employment with

10 another school district, the general superintendent of the

11 former school district, upon the request of the school district

12 to which the employee applies, shall notify that requesting

13 school district that the employee is or was the subject of such

14 a report.

15 Whenever such person is required to report under this Act

16 in his capacity as a member of the staff of a medical or other

17 public or private institution, school, facility or agency, or

18 as a member of the clergy, he shall make report immediately to

19 the Department in accordance with the provisions of this Act

20 and may also notify the person in charge of such institution,

21 school, facility or agency, or church, synagogue, temple,

22 mosque, or other religious institution, or his designated agent

23 that such report has been made. Under no circumstances shall

24 any person in charge of such institution, school, facility or

25 agency, or church, synagogue, temple, mosque, or other

26 religious institution, or his designated agent to whom such

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1 notification has been made, exercise any control, restraint,

2 modification or other change in the report or the forwarding of

3 such report to the Department.

4 The privileged quality of communication between any

5 professional person required to report and his patient or

6 client shall not apply to situations involving abused or

7 neglected children and shall not constitute grounds for failure

8 to report as required by this Act or constitute grounds for

9 failure to share information or documents with the Department

10 during the course of a child abuse or neglect investigation. If

11 requested by the professional, the Department shall confirm in

12 writing that the information or documents disclosed by the

13 professional were gathered in the course of a child abuse or

14 neglect investigation.

15 The reporting requirements of this Act shall not apply to

16 the contents of a privileged communication between an attorney

17 and his or her client or to confidential information within the

18 meaning of Rule 1.6 of the Illinois Rules of Professional

19 Conduct relating to the legal representation of an individual

20 client.

21 A member of the clergy may claim the privilege under

22 Section 8-803 of the Code of Civil Procedure.

23 Any office, clinic, or any other physical location that

24 provides abortions, abortion referrals, or contraceptives

25 shall provide to all office personnel copies of written

26 information and training materials about abuse and neglect and

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1 the requirements of this Act that are provided to employees of

2 the office, clinic, or physical location who are required to

3 make reports to the Department under this Act, and instruct

4 such office personnel to bring to the attention of an employee

5 of the office, clinic, or physical location who is required to

6 make reports to the Department under this Act any reasonable

7 suspicion that a child known to him or her in his or her

8 professional or official capacity may be an abused child or a

9 neglected child. In addition to the above persons required to

10 report suspected cases of abused or neglected children, any

11 other person may make a report if such person has reasonable

12 cause to believe a child may be an abused child or a neglected

13 child.

14 Any person who enters into employment on and after July 1,

15 1986 and is mandated by virtue of that employment to report

16 under this Act, shall sign a statement on a form prescribed by

17 the Department, to the effect that the employee has knowledge

18 and understanding of the reporting requirements of this Act.

19 The statement shall be signed prior to commencement of the

20 employment. The signed statement shall be retained by the

21 employer. The cost of printing, distribution, and filing of the

22 statement shall be borne by the employer.

23 Within one year of initial employment and at least every 5

24 years thereafter, school personnel required to report child

25 abuse as provided under this Section must complete mandated

26 reporter training by a provider or agency with expertise in

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1 recognizing and reporting child abuse.

2 The Department shall provide copies of this Act, upon

3 request, to all employers employing persons who shall be

4 required under the provisions of this Section to report under

5 this Act.

6 Any person who knowingly transmits a false report to the

7 Department commits the offense of disorderly conduct under

8 subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.

9 A violation of this provision is a Class 4 felony.

10 Any person who knowingly and willfully violates any

11 provision of this Section other than a second or subsequent

12 violation of transmitting a false report as described in the

13 preceding paragraph, is guilty of a Class A misdemeanor for a

14 first violation and a Class 4 felony for a second or subsequent

15 violation; except that if the person acted as part of a plan or

16 scheme having as its object the prevention of discovery of an

17 abused or neglected child by lawful authorities for the purpose

18 of protecting or insulating any person or entity from arrest or

19 prosecution, the person is guilty of a Class 4 felony for a

20 first offense and a Class 3 felony for a second or subsequent

21 offense (regardless of whether the second or subsequent offense

22 involves any of the same facts or persons as the first or other

23 prior offense).

24 A child whose parent, guardian or custodian in good faith

25 selects and depends upon spiritual means through prayer alone

26 for the treatment or cure of disease or remedial care may be

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1 considered neglected or abused, but not for the sole reason

2 that his parent, guardian or custodian accepts and practices

3 such beliefs.

4 A child shall not be considered neglected or abused solely

5 because the child is not attending school in accordance with

6 the requirements of Article 26 of the School Code, as amended.

7 Nothing in this Act prohibits a mandated reporter who

8 reasonably believes that an animal is being abused or neglected

9 in violation of the Humane Care for Animals Act from reporting

10 animal abuse or neglect to the Department of Agriculture's

11 Bureau of Animal Health and Welfare.

12 A home rule unit may not regulate the reporting of child

13 abuse or neglect in a manner inconsistent with the provisions

14 of this Section. This Section is a limitation under subsection

15 (i) of Section 6 of Article VII of the Illinois Constitution on

16 the concurrent exercise by home rule units of powers and

17 functions exercised by the State.

18 For purposes of this Section "child abuse or neglect"

19 includes abuse or neglect of an adult resident as defined in

20 this Act.

21 (Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12;

22 97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff.

23 7-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214,

24 eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.)

25 Section 230. The Health Care Workplace Violence Prevention

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1 Act is amended by changing Section 10 as follows:

2 (405 ILCS 90/10)

3 Sec. 10. Definitions. In this Act:

4 "Department" means (i) the Department of Human Services, in

5 the case of a health care workplace that is operated or

6 regulated by the Department of Human Services, or (ii) the

7 Department of Public Health, in the case of a health care

8 workplace that is operated or regulated by the Department of

9 Public Health.

10 "Director" means the Secretary of Human Services or the

11 Director of Public Health, as appropriate.

12 "Employee" means any individual who is employed on a

13 full-time, part-time, or contractual basis by a health care

14 workplace.

15 "Health care workplace" means a mental health facility or

16 developmental disability facility as defined in the Mental

17 Health and Developmental Disabilities Code, other than a

18 hospital or unit thereof licensed under the Hospital Licensing

19 Act or operated under the University of Illinois Hospital Act.

20 "Health care workplace" does not include, and shall not be

21 construed to include, any office of a physician licensed to

22 practice medicine in all its branches, an advanced practice

23 registered nurse, or a physician assistant, regardless of the

24 form of such office.

25 "Imminent danger" means a preliminary determination of

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1 immediate, threatened, or impending risk of physical injury as

2 determined by the employee.

3 "Responsible agency" means the State agency that (i)

4 licenses, certifies, registers, or otherwise regulates or

5 exercises jurisdiction over a health care workplace or a health

6 care workplace's activities or (ii) contracts with a health

7 care workplace for the delivery of health care services.

8 "Violence" or "violent act" means any act by a patient or

9 resident that causes or threatens to cause an injury to another

10 person.

11 (Source: P.A. 94-347, eff. 7-28-05.)

12 Section 235. The Perinatal Mental Health Disorders

13 Prevention and Treatment Act is amended by changing Section 10

14 as follows:

15 (405 ILCS 95/10)

16 Sec. 10. Definitions. In this Act:

17 "Hospital" has the meaning given to that term in the

18 Hospital Licensing Act.

19 "Licensed health care professional" means a physician

20 licensed to practice medicine in all its branches, a licensed

21 advanced practice registered nurse, or a licensed physician

22 assistant.

23 "Postnatal care" means an office visit to a licensed health

24 care professional occurring after birth, with reference to the

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1 infant or mother.

2 "Prenatal care" means an office visit to a licensed health

3 care professional for pregnancy-related care occurring before

4 birth.

5 "Questionnaire" means an assessment tool administered by a

6 licensed health care professional to detect perinatal mental

7 health disorders, such as the Edinburgh Postnatal Depression

8 Scale, the Postpartum Depression Screening Scale, the Beck

9 Depression Inventory, the Patient Health Questionnaire, or

10 other validated assessment methods.

11 (Source: P.A. 99-173, eff. 7-29-15.)

12 Section 240. The Epinephrine Auto-Injector Act is amended

13 by changing Section 5 as follows:

14 (410 ILCS 27/5)

15 Sec. 5. Definitions. As used in this Act:

16 "Administer" means to directly apply an epinephrine

17 auto-injector to the body of an individual.

18 "Authorized entity" means any entity or organization,

19 other than a school covered under Section 22-30 of the School

20 Code, in connection with or at which allergens capable of

21 causing anaphylaxis may be present, including, but not limited

22 to, independent contractors who provide student transportation

23 to schools, recreation camps, colleges and universities, day

24 care facilities, youth sports leagues, amusement parks,

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1 restaurants, sports arenas, and places of employment. The

2 Department shall, by rule, determine what constitutes a day

3 care facility under this definition.

4 "Department" means the Department of Public Health.

5 "Epinephrine auto-injector" means a single-use device used

6 for the automatic injection of a pre-measured dose of

7 epinephrine into the human body.

8 "Health care practitioner" means a physician licensed to

9 practice medicine in all its branches under the Medical

10 Practice Act of 1987, a physician assistant under the Physician

11 Assistant Practice Act of 1987 with prescriptive authority, or

12 an advanced practice registered nurse with prescribing

13 authority under Article 65 of the Nurse Practice Act.

14 "Pharmacist" has the meaning given to that term under

15 subsection (k-5) of Section 3 of the Pharmacy Practice Act.

16 "Undesignated epinephrine auto-injector" means an

17 epinephrine auto-injector prescribed in the name of an

18 authorized entity.

19 (Source: P.A. 99-711, eff. 1-1-17.)

20 Section 245. The Lead Poisoning Prevention Act is amended

21 by changing Section 6.2 as follows:

22 (410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)

23 Sec. 6.2. Testing children and pregnant persons.

24 (a) Any physician licensed to practice medicine in all its

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1 branches or health care provider who sees or treats children 6

2 years of age or younger shall test those children for lead

3 poisoning when those children reside in an area defined as high

4 risk by the Department. Children residing in areas defined as

5 low risk by the Department shall be evaluated for risk by the

6 Childhood Lead Risk Questionnaire developed by the Department

7 and tested if indicated. Children shall be evaluated in

8 accordance with rules adopted by the Department.

9 (b) Each licensed, registered, or approved health care

10 facility serving children 6 years of age or younger, including,

11 but not limited to, health departments, hospitals, clinics, and

12 health maintenance organizations approved, registered, or

13 licensed by the Department, shall take the appropriate steps to

14 ensure that children 6 years of age or younger be evaluated for

15 risk or tested for lead poisoning or both.

16 (c) Children 7 years and older and pregnant persons may

17 also be tested by physicians or health care providers, in

18 accordance with rules adopted by the Department. Physicians and

19 health care providers shall also evaluate children for lead

20 poisoning in conjunction with the school health examination, as

21 required under the School Code, when, in the medical judgment

22 of the physician, advanced practice registerednurse, or

23 physician assistant, the child is potentially at high risk of

24 lead poisoning.

25 (d) (Blank).

26 (Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15; 99-173,

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1 eff. 7-29-15.)

2 Section 250. The Medical Patient Rights Act is amended by

3 changing Section 7 as follows:

4 (410 ILCS 50/7)

5 Sec. 7. Patient examination. Any physician, medical

6 student, resident, advanced practice registered nurse,

7 registered nurse, or physician assistant who provides

8 treatment or care to a patient shall inform the patient of his

9 or her profession upon providing the treatment or care, which

10 includes but is not limited to any physical examination, such

11 as a pelvic examination. In the case of an unconscious patient,

12 any care or treatment must be related to the patient's illness,

13 condition, or disease.

14 (Source: P.A. 93-771, eff. 7-21-04.)

15 Section 255. The Sexual Assault Survivors Emergency

16 Treatment Act is amended by changing Sections 1a, 2.2, 5, 5.5,

17 and 6.5 as follows:

18 (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)

19 Sec. 1a. Definitions. In this Act:

20 "Ambulance provider" means an individual or entity that

21 owns and operates a business or service using ambulances or

22 emergency medical services vehicles to transport emergency

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1 patients.

2 "Areawide sexual assault treatment plan" means a plan,

3 developed by the hospitals in the community or area to be

4 served, which provides for hospital emergency services to

5 sexual assault survivors that shall be made available by each

6 of the participating hospitals.

7 "Department" means the Department of Public Health.

8 "Emergency contraception" means medication as approved by

9 the federal Food and Drug Administration (FDA) that can

10 significantly reduce the risk of pregnancy if taken within 72

11 hours after sexual assault.

12 "Follow-up healthcare" means healthcare services related

13 to a sexual assault, including laboratory services and pharmacy

14 services, rendered within 90 days of the initial visit for

15 hospital emergency services.

16 "Forensic services" means the collection of evidence

17 pursuant to a statewide sexual assault evidence collection

18 program administered by the Department of State Police, using

19 the Illinois State Police Sexual Assault Evidence Collection

20 Kit.

21 "Health care professional" means a physician, a physician

22 assistant, or an advanced practice registerednurse.

23 "Hospital" has the meaning given to that term in the

24 Hospital Licensing Act.

25 "Hospital emergency services" means healthcare delivered

26 to outpatients within or under the care and supervision of

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1 personnel working in a designated emergency department of a

2 hospital, including, but not limited to, care ordered by such

3 personnel for a sexual assault survivor in the emergency

4 department.

5 "Illinois State Police Sexual Assault Evidence Collection

6 Kit" means a prepackaged set of materials and forms to be used

7 for the collection of evidence relating to sexual assault. The

8 standardized evidence collection kit for the State of Illinois

9 shall be the Illinois State Police Sexual Assault Evidence

10 Collection Kit.

11 "Law enforcement agency having jurisdiction" means the law

12 enforcement agency in the jurisdiction where an alleged sexual

13 assault or sexual abuse occurred.

14 "Nurse" means a nurse licensed under the Nurse Practice

15 Act.

16 "Physician" means a person licensed to practice medicine in

17 all its branches.

18 "Sexual assault" means an act of nonconsensual sexual

19 conduct or sexual penetration, as defined in Section 11-0.1 of

20 the Criminal Code of 2012, including, without limitation, acts

21 prohibited under Sections 11-1.20 through 11-1.60 of the

22 Criminal Code of 2012.

23 "Sexual assault survivor" means a person who presents for

24 hospital emergency services in relation to injuries or trauma

25 resulting from a sexual assault.

26 "Sexual assault transfer plan" means a written plan

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1 developed by a hospital and approved by the Department, which

2 describes the hospital's procedures for transferring sexual

3 assault survivors to another hospital in order to receive

4 emergency treatment.

5 "Sexual assault treatment plan" means a written plan

6 developed by a hospital that describes the hospital's

7 procedures and protocols for providing hospital emergency

8 services and forensic services to sexual assault survivors who

9 present themselves for such services, either directly or

10 through transfer from another hospital.

11 "Transfer services" means the appropriate medical

12 screening examination and necessary stabilizing treatment

13 prior to the transfer of a sexual assault survivor to a

14 hospital that provides hospital emergency services and

15 forensic services to sexual assault survivors pursuant to a

16 sexual assault treatment plan or areawide sexual assault

17 treatment plan.

18 "Voucher" means a document generated by a hospital at the

19 time the sexual assault survivor receives hospital emergency

20 and forensic services that a sexual assault survivor may

21 present to providers for follow-up healthcare.

22 (Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17.)

23 (410 ILCS 70/2.2)

24 Sec. 2.2. Emergency contraception.

25 (a) The General Assembly finds:

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1 (1) Crimes of sexual assault and sexual abuse cause

2 significant physical, emotional, and psychological trauma

3 to the victims. This trauma is compounded by a victim's

4 fear of becoming pregnant and bearing a child as a result

5 of the sexual assault.

6 (2) Each year over 32,000 women become pregnant in the

7 United States as the result of rape and approximately 50%

8 of these pregnancies end in abortion.

9 (3) As approved for use by the Federal Food and Drug

10 Administration (FDA), emergency contraception can

11 significantly reduce the risk of pregnancy if taken within

12 72 hours after the sexual assault.

13 (4) By providing emergency contraception to rape

14 victims in a timely manner, the trauma of rape can be

15 significantly reduced.

16 (b) Within 120 days after the effective date of this

17 amendatory Act of the 92nd General Assembly, every hospital

18 providing services to sexual assault survivors in accordance

19 with a plan approved under Section 2 must develop a protocol

20 that ensures that each survivor of sexual assault will receive

21 medically and factually accurate and written and oral

22 information about emergency contraception; the indications and

23 counter-indications and risks associated with the use of

24 emergency contraception; and a description of how and when

25 victims may be provided emergency contraception upon the

26 written order of a physician licensed to practice medicine in

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1 all its branches, a licensed advanced practice registered

2 nurse, or a licensed physician assistant. The Department shall

3 approve the protocol if it finds that the implementation of the

4 protocol would provide sufficient protection for survivors of

5 sexual assault.

6 The hospital shall implement the protocol upon approval by

7 the Department. The Department shall adopt rules and

8 regulations establishing one or more safe harbor protocols and

9 setting minimum acceptable protocol standards that hospitals

10 may develop and implement. The Department shall approve any

11 protocol that meets those standards. The Department may provide

12 a sample acceptable protocol upon request.

13 (Source: P.A. 99-173, eff. 7-29-15.)

14 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)

15 Sec. 5. Minimum requirements for hospitals providing

16 hospital emergency services and forensic services to sexual

17 assault survivors.

18 (a) Every hospital providing hospital emergency services

19 and forensic services to sexual assault survivors under this

20 Act shall, as minimum requirements for such services, provide,

21 with the consent of the sexual assault survivor, and as ordered

22 by the attending physician, an advanced practiceregistered

23 nurse, or a physician assistant, the following:

24 (1) appropriate medical examinations and laboratory

25 tests required to ensure the health, safety, and welfare of

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1 a sexual assault survivor or which may be used as evidence

2 in a criminal proceeding against a person accused of the

3 sexual assault, or both; and records of the results of such

4 examinations and tests shall be maintained by the hospital

5 and made available to law enforcement officials upon the

6 request of the sexual assault survivor;

7 (2) appropriate oral and written information

8 concerning the possibility of infection, sexually

9 transmitted disease and pregnancy resulting from sexual

10 assault;

11 (3) appropriate oral and written information

12 concerning accepted medical procedures, medication, and

13 possible contraindications of such medication available

14 for the prevention or treatment of infection or disease

15 resulting from sexual assault;

16 (4) an amount of medication for treatment at the

17 hospital and after discharge as is deemed appropriate by

18 the attending physician, an advanced practice registered

19 nurse, or a physician assistant and consistent with the

20 hospital's current approved protocol for sexual assault

21 survivors;

22 (5) an evaluation of the sexual assault survivor's risk

23 of contracting human immunodeficiency virus (HIV) from the

24 sexual assault;

25 (6) written and oral instructions indicating the need

26 for follow-up examinations and laboratory tests after the

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1 sexual assault to determine the presence or absence of

2 sexually transmitted disease;

3 (7) referral by hospital personnel for appropriate

4 counseling; and

5 (8) when HIV prophylaxis is deemed appropriate, an

6 initial dose or doses of HIV prophylaxis, along with

7 written and oral instructions indicating the importance of

8 timely follow-up healthcare.

9 (b) Any person who is a sexual assault survivor who seeks

10 emergency hospital services and forensic services or follow-up

11 healthcare under this Act shall be provided such services

12 without the consent of any parent, guardian, custodian,

13 surrogate, or agent.

14 (b-5) Every treating hospital providing hospital emergency

15 and forensic services to sexual assault survivors shall issue a

16 voucher to any sexual assault survivor who is eligible to

17 receive one. The hospital shall make a copy of the voucher and

18 place it in the medical record of the sexual assault survivor.

19 The hospital shall provide a copy of the voucher to the sexual

20 assault survivor after discharge upon request.

21 (c) Nothing in this Section creates a physician-patient

22 relationship that extends beyond discharge from the hospital

23 emergency department.

24 (Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;

25 99-642, eff. 7-28-16.)

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1 (410 ILCS 70/5.5)

2 Sec. 5.5. Minimum reimbursement requirements for follow-up

3 healthcare.

4 (a) Every hospital, health care professional, laboratory,

5 or pharmacy that provides follow-up healthcare to a sexual

6 assault survivor, with the consent of the sexual assault

7 survivor and as ordered by the attending physician, an advanced

8 practice registered nurse, or physician assistant shall be

9 reimbursed for the follow-up healthcare services provided.

10 Follow-up healthcare services include, but are not limited to,

11 the following:

12 (1) a physical examination;

13 (2) laboratory tests to determine the presence or

14 absence of sexually transmitted disease; and

15 (3) appropriate medications, including HIV

16 prophylaxis.

17 (b) Reimbursable follow-up healthcare is limited to office

18 visits with a physician, advanced practice registered nurse, or

19 physician assistant within 90 days after an initial visit for

20 hospital emergency services.

21 (c) Nothing in this Section requires a hospital, health

22 care professional, laboratory, or pharmacy to provide

23 follow-up healthcare to a sexual assault survivor.

24 (Source: P.A. 99-173, eff. 7-29-15.)

25 (410 ILCS 70/6.5)

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1 Sec. 6.5. Written consent to the release of sexual assault

2 evidence for testing.

3 (a) Upon the completion of hospital emergency services and

4 forensic services, the health care professional providing the

5 forensic services shall provide the patient the opportunity to

6 sign a written consent to allow law enforcement to submit the

7 sexual assault evidence for testing. The written consent shall

8 be on a form included in the sexual assault evidence collection

9 kit and shall include whether the survivor consents to the

10 release of information about the sexual assault to law

11 enforcement.

12 (1) A survivor 13 years of age or older may sign the

13 written consent to release the evidence for testing.

14 (2) If the survivor is a minor who is under 13 years of

15 age, the written consent to release the sexual assault

16 evidence for testing may be signed by the parent, guardian,

17 investigating law enforcement officer, or Department of

18 Children and Family Services.

19 (3) If the survivor is an adult who has a guardian of

20 the person, a health care surrogate, or an agent acting

21 under a health care power of attorney, the consent of the

22 guardian, surrogate, or agent is not required to release

23 evidence and information concerning the sexual assault or

24 sexual abuse. If the adult is unable to provide consent for

25 the release of evidence and information and a guardian,

26 surrogate, or agent under a health care power of attorney

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1 is unavailable or unwilling to release the information,

2 then an investigating law enforcement officer may

3 authorize the release.

4 (4) Any health care professional, including any

5 physician, advanced practice registered nurse, physician

6 assistant, or nurse, sexual assault nurse examiner, and any

7 health care institution, including any hospital, who

8 provides evidence or information to a law enforcement

9 officer under a written consent as specified in this

10 Section is immune from any civil or professional liability

11 that might arise from those actions, with the exception of

12 willful or wanton misconduct. The immunity provision

13 applies only if all of the requirements of this Section are

14 met.

15 (b) The hospital shall keep a copy of a signed or unsigned

16 written consent form in the patient's medical record.

17 (c) If a written consent to allow law enforcement to test

18 the sexual assault evidence is not signed at the completion of

19 hospital emergency services and forensic services, the

20 hospital shall include the following information in its

21 discharge instructions:

22 (1) the sexual assault evidence will be stored for 5

23 years from the completion of an Illinois State Police

24 Sexual Assault Evidence Collection Kit, or 5 years from the

25 age of 18 years, whichever is longer;

26 (2) a person authorized to consent to the testing of

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1 the sexual assault evidence may sign a written consent to

2 allow law enforcement to test the sexual assault evidence

3 at any time during that 5-year period for an adult victim,

4 or until a minor victim turns 23 years of age by (A)

5 contacting the law enforcement agency having jurisdiction,

6 or if unknown, the law enforcement agency contacted by the

7 hospital under Section 3.2 of the Criminal Identification

8 Act; or (B) by working with an advocate at a rape crisis

9 center;

10 (3) the name, address, and phone number of the law

11 enforcement agency having jurisdiction, or if unknown the

12 name, address, and phone number of the law enforcement

13 agency contacted by the hospital under Section 3.2 of the

14 Criminal Identification Act; and

15 (4) the name and phone number of a local rape crisis

16 center.

17 (Source: P.A. 99-801, eff. 1-1-17.)

18 Section 260. The Consent by Minors to Medical Procedures

19 Act is amended by changing Sections 1, 1.5, 2, 3, and 5 as

20 follows:

21 (410 ILCS 210/1) (from Ch. 111, par. 4501)

22 Sec. 1. Consent by minor. The consent to the performance of

23 a medical or surgical procedure by a physician licensed to

24 practice medicine and surgery, a licensed advanced practice

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1 registered nurse, or a licensed physician assistant executed by

2 a married person who is a minor, by a parent who is a minor, by

3 a pregnant woman who is a minor, or by any person 18 years of

4 age or older, is not voidable because of such minority, and,

5 for such purpose, a married person who is a minor, a parent who

6 is a minor, a pregnant woman who is a minor, or any person 18

7 years of age or older, is deemed to have the same legal

8 capacity to act and has the same powers and obligations as has

9 a person of legal age.

10 (Source: P.A. 99-173, eff. 7-29-15.)

11 (410 ILCS 210/1.5)

12 Sec. 1.5. Consent by minor seeking care for primary care

13 services.

14 (a) The consent to the performance of primary care services

15 by a physician licensed to practice medicine in all its

16 branches, a licensed advanced practice registered nurse, or a

17 licensed physician assistant executed by a minor seeking care

18 is not voidable because of such minority, and for such purpose,

19 a minor seeking care is deemed to have the same legal capacity

20 to act and has the same powers and obligations as has a person

21 of legal age under the following circumstances:

22 (1) the health care professional reasonably believes

23 that the minor seeking care understands the benefits and

24 risks of any proposed primary care or services; and

25 (2) the minor seeking care is identified in writing as

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1 a minor seeking care by:

2 (A) an adult relative;

3 (B) a representative of a homeless service agency

4 that receives federal, State, county, or municipal

5 funding to provide those services or that is otherwise

6 sanctioned by a local continuum of care;

7 (C) an attorney licensed to practice law in this

8 State;

9 (D) a public school homeless liaison or school

10 social worker;

11 (E) a social service agency providing services to

12 at risk, homeless, or runaway youth; or

13 (F) a representative of a religious organization.

14 (b) A health care professional rendering primary care

15 services under this Section shall not incur civil or criminal

16 liability for failure to obtain valid consent or professional

17 discipline for failure to obtain valid consent if he or she

18 relied in good faith on the representations made by the minor

19 or the information provided under paragraph (2) of subsection

20 (a) of this Section. Under such circumstances, good faith shall

21 be presumed.

22 (c) The confidential nature of any communication between a

23 health care professional described in Section 1 of this Act and

24 a minor seeking care is not waived (1) by the presence, at the

25 time of communication, of any additional persons present at the

26 request of the minor seeking care, (2) by the health care

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1 professional's disclosure of confidential information to the

2 additional person with the consent of the minor seeking care,

3 when reasonably necessary to accomplish the purpose for which

4 the additional person is consulted, or (3) by the health care

5 professional billing a health benefit insurance or plan under

6 which the minor seeking care is insured, is enrolled, or has

7 coverage for the services provided.

8 (d) Nothing in this Section shall be construed to limit or

9 expand a minor's existing powers and obligations under any

10 federal, State, or local law. Nothing in this Section shall be

11 construed to affect the Parental Notice of Abortion Act of

12 1995. Nothing in this Section affects the right or authority of

13 a parent or legal guardian to verbally, in writing, or

14 otherwise authorize health care services to be provided for a

15 minor in their absence.

16 (e) For the purposes of this Section:

17 "Minor seeking care" means a person at least 14 years

18 of age but less than 18 years of age who is living separate

19 and apart from his or her parents or legal guardian,

20 whether with or without the consent of a parent or legal

21 guardian who is unable or unwilling to return to the

22 residence of a parent, and managing his or her own personal

23 affairs. "Minor seeking care" does not include minors who

24 are under the protective custody, temporary custody, or

25 guardianship of the Department of Children and Family

26 Services.

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1 "Primary care services" means health care services

2 that include screening, counseling, immunizations,

3 medication, and treatment of illness and conditions

4 customarily provided by licensed health care professionals

5 in an out-patient setting. "Primary care services" does not

6 include invasive care, beyond standard injections,

7 laceration care, or non-surgical fracture care.

8 (Source: P.A. 98-671, eff. 10-1-14; 99-173, eff. 7-29-15.)

9 (410 ILCS 210/2) (from Ch. 111, par. 4502)

10 Sec. 2. Any parent, including a parent who is a minor, may

11 consent to the performance upon his or her child of a medical

12 or surgical procedure by a physician licensed to practice

13 medicine and surgery, a licensed advanced practice registered

14 nurse, or a licensed physician assistant or a dental procedure

15 by a licensed dentist. The consent of a parent who is a minor

16 shall not be voidable because of such minority, but, for such

17 purpose, a parent who is a minor shall be deemed to have the

18 same legal capacity to act and shall have the same powers and

19 obligations as has a person of legal age.

20 (Source: P.A. 99-173, eff. 7-29-15.)

21 (410 ILCS 210/3) (from Ch. 111, par. 4503)

22 Sec. 3. (a) Where a hospital, a physician licensed to

23 practice medicine or surgery, a licensed advanced practice

24 registered nurse, or a licensed physician assistant renders

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1 emergency treatment or first aid or a licensed dentist renders

2 emergency dental treatment to a minor, consent of the minor's

3 parent or legal guardian need not be obtained if, in the sole

4 opinion of the physician, advanced practiceregistered nurse,

5 physician assistant, dentist, or hospital, the obtaining of

6 consent is not reasonably feasible under the circumstances

7 without adversely affecting the condition of such minor's

8 health.

9 (b) Where a minor is the victim of a predatory criminal

10 sexual assault of a child, aggravated criminal sexual assault,

11 criminal sexual assault, aggravated criminal sexual abuse or

12 criminal sexual abuse, as provided in Sections 11-1.20 through

13 11-1.60 of the Criminal Code of 2012, the consent of the

14 minor's parent or legal guardian need not be obtained to

15 authorize a hospital, physician, advanced practiceregistered

16 nurse, physician assistant, or other medical personnel to

17 furnish medical care or counseling related to the diagnosis or

18 treatment of any disease or injury arising from such offense.

19 The minor may consent to such counseling, diagnosis or

20 treatment as if the minor had reached his or her age of

21 majority. Such consent shall not be voidable, nor subject to

22 later disaffirmance, because of minority.

23 (Source: P.A. 99-173, eff. 7-29-15.)

24 (410 ILCS 210/5) (from Ch. 111, par. 4505)

25 Sec. 5. Counseling; informing parent or guardian. Any

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1 physician, advanced practice registered nurse, or physician

2 assistant, who provides diagnosis or treatment or any licensed

3 clinical psychologist or professionally trained social worker

4 with a master's degree or any qualified person employed (i) by

5 an organization licensed or funded by the Department of Human

6 Services, (ii) by units of local government, or (iii) by

7 agencies or organizations operating drug abuse programs funded

8 or licensed by the Federal Government or the State of Illinois

9 or any qualified person employed by or associated with any

10 public or private alcoholism or drug abuse program licensed by

11 the State of Illinois who provides counseling to a minor

12 patient who has come into contact with any sexually transmitted

13 disease referred to in Section 4 of this Act may, but shall not

14 be obligated to, inform the parent, parents, or guardian of the

15 minor as to the treatment given or needed. Any person described

16 in this Section who provides counseling to a minor who abuses

17 drugs or alcohol or has a family member who abuses drugs or

18 alcohol shall not inform the parent, parents, guardian, or

19 other responsible adult of the minor's condition or treatment

20 without the minor's consent unless that action is, in the

21 person's judgment, necessary to protect the safety of the

22 minor, a family member, or another individual.

23 Any such person shall, upon the minor's consent, make

24 reasonable efforts to involve the family of the minor in his or

25 her treatment, if the person furnishing the treatment believes

26 that the involvement of the family will not be detrimental to

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1 the progress and care of the minor. Reasonable effort shall be

2 extended to assist the minor in accepting the involvement of

3 his or her family in the care and treatment being given.

4 (Source: P.A. 93-962, eff. 8-20-04.)

5 Section 265. The Early Hearing Detection and Intervention

6 Act is amended by changing Section 10 as follows:

7 (410 ILCS 213/10)

8 Sec. 10. Reports to Department of Public Health.

9 Physicians, advanced practice registered nurses, physician

10 assistants, otolaryngologists, audiologists, ancillary health

11 care providers, early intervention programs and providers,

12 parent-to-parent support programs, the Department of Human

13 Services, and the University of Illinois at Chicago Division of

14 Specialized Care for Children shall report all hearing testing,

15 medical treatment, and intervention outcomes related to

16 newborn hearing screening or newly identified hearing loss for

17 children birth through 6 years of age to the Department.

18 Reporting shall be done within 7 days after the date of service

19 or after an inquiry from the Department. Reports shall be in a

20 format determined by the Department.

21 (Source: P.A. 99-834, eff. 8-19-16.)

22 Section 270. The Prenatal and Newborn Care Act is amended

23 by changing Sections 2 and 6 as follows:

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1 (410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)

2 Sec. 2. Definitions. As used in this Act, unless the

3 context otherwise requires:

4 "Advanced practice registered nurse" or "APRN" ~~"APN"~~ means

5 an advanced practice registered nurse licensed under the Nurse

6 Practice Act.

7 "Department" means the Illinois Department of Human

8 Services.

9 "Early and Periodic Screening, Diagnosis and Treatment

10 (EPSDT)" means the provision of preventative health care under

11 42 C.F.R. 441.50 et seq., including medical and dental

12 services, needed to assess growth and development and detect

13 and treat health problems.

14 "Hospital" means a hospital as defined under the Hospital

15 Licensing Act.

16 "Local health authority" means the full-time official

17 health department or board of health, as recognized by the

18 Illinois Department of Public Health, having jurisdiction over

19 a particular area.

20 "Nurse" means a nurse licensed under the Nurse Practice

21 Act.

22 "Physician" means a physician licensed to practice

23 medicine in all of its branches.

24 "Physician assistant" means a physician assistant licensed

25 under the Physician Assistant Practice Act of 1987.

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1 "Postnatal visit" means a visit occurring after birth, with

2 reference to the newborn.

3 "Prenatal visit" means a visit occurring before birth.

4 "Program" means the Prenatal and Newborn Care Program

5 established pursuant to this Act.

6 (Source: P.A. 99-173, eff. 7-29-15.)

7 (410 ILCS 225/6) (from Ch. 111 1/2, par. 7026)

8 Sec. 6. Covered services.

9 (a) Covered services under the program may include, but are

10 not necessarily limited to, the following:

11 (1) Laboratory services related to a recipient's

12 pregnancy, performed or ordered by a physician, advanced

13 practice registered nurse, or physician assistant.

14 (2) Screening and treatment for sexually transmitted

15 disease.

16 (3) Prenatal visits to a physician in the physician's

17 office, an advanced practice registered nurse in the

18 advanced practice registered nurse's office, a physician

19 assistant in the physician assistant's office, or to a

20 hospital outpatient prenatal clinic, local health

21 department maternity clinic, or community health center.

22 (4) Radiology services which are directly related to

23 the pregnancy, are determined to be medically necessary and

24 are ordered by a physician, an advanced practice registered

25 nurse, or a physician assistant.

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1 (5) Pharmacy services related to the pregnancy.

2 (6) Other medical consultations related to the

3 pregnancy.

4 (7) Physician, advanced practice registered nurse,

5 physician assistant, or nurse services associated with

6 delivery.

7 (8) One postnatal office visit within 60 days after

8 delivery.

9 (9) Two EPSDT-equivalent screenings for the infant

10 within 90 days after birth.

11 (10) Social and support services.

12 (11) Nutrition services.

13 (12) Case management services.

14 (b) The following services shall not be covered under the

15 program:

16 (1) Services determined by the Department not to be

17 medically necessary.

18 (2) Services not directly related to the pregnancy,

19 except for the 2 covered EPSDT-equivalent screenings.

20 (3) Hospital inpatient services.

21 (4) Anesthesiologist and radiologist services during a

22 period of hospital inpatient care.

23 (5) Physician, advanced practice registered nurse, and

24 physician assistant hospital visits.

25 (6) Services considered investigational or

26 experimental.

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1 (Source: P.A. 93-962, eff. 8-20-04.)

2 Section 275. The AIDS Confidentiality Act is amended by

3 changing Section 3 as follows:

4 (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)

5 Sec. 3. Definitions. When used in this Act:

6 (a) "AIDS" means acquired immunodeficiency syndrome.

7 (b) "Authority" means the Illinois Health Information

8 Exchange Authority established pursuant to the Illinois Health

9 Information Exchange and Technology Act.

10 (c) "Business associate" has the meaning ascribed to it

11 under HIPAA, as specified in 45 CFR 160.103.

12 (d) "Covered entity" has the meaning ascribed to it under

13 HIPAA, as specified in 45 CFR 160.103.

14 (e) "De-identified information" means health information

15 that is not individually identifiable as described under HIPAA,

16 as specified in 45 CFR 164.514(b).

17 (f) "Department" means the Illinois Department of Public

18 Health or its designated agents.

19 (g) "Disclosure" has the meaning ascribed to it under

20 HIPAA, as specified in 45 CFR 160.103.

21 (h) "Health care operations" has the meaning ascribed to it

22 under HIPAA, as specified in 45 CFR 164.501.

23 (i) "Health care professional" means (i) a licensed

24 physician, (ii) a licensed physician assistant, (iii) a

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1 licensed advanced practice registered nurse, (iv) an advanced

2 practice registered nurse or physician assistant who practices

3 in a hospital or ambulatory surgical treatment center and

4 possesses appropriate clinical privileges, (v) a licensed

5 dentist, (vi) a licensed podiatric physician, or (vii) an

6 individual certified to provide HIV testing and counseling by a

7 state or local public health department.

8 (j) "Health care provider" has the meaning ascribed to it

9 under HIPAA, as specified in 45 CFR 160.103.

10 (k) "Health facility" means a hospital, nursing home, blood

11 bank, blood center, sperm bank, or other health care

12 institution, including any "health facility" as that term is

13 defined in the Illinois Finance Authority Act.

14 (l) "Health information exchange" or "HIE" means a health

15 information exchange or health information organization that

16 oversees and governs the electronic exchange of health

17 information that (i) is established pursuant to the Illinois

18 Health Information Exchange and Technology Act, or any

19 subsequent amendments thereto, and any administrative rules

20 adopted thereunder; (ii) has established a data sharing

21 arrangement with the Authority; or (iii) as of August 16, 2013,

22 was designated by the Authority Board as a member of, or was

23 represented on, the Authority Board's Regional Health

24 Information Exchange Workgroup; provided that such designation

25 shall not require the establishment of a data sharing

26 arrangement or other participation with the Illinois Health

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1 Information Exchange or the payment of any fee. In certain

2 circumstances, in accordance with HIPAA, an HIE will be a

3 business associate.

4 (m) "Health oversight agency" has the meaning ascribed to

5 it under HIPAA, as specified in 45 CFR 164.501.

6 (n) "HIPAA" means the Health Insurance Portability and

7 Accountability Act of 1996, Public Law 104-191, as amended by

8 the Health Information Technology for Economic and Clinical

9 Health Act of 2009, Public Law 111-05, and any subsequent

10 amendments thereto and any regulations promulgated thereunder.

11 (o) "HIV" means the human immunodeficiency virus.

12 (p) "HIV-related information" means the identity of a

13 person upon whom an HIV test is performed, the results of an

14 HIV test, as well as diagnosis, treatment, and prescription

15 information that reveals a patient is HIV-positive, including

16 such information contained in a limited data set. "HIV-related

17 information" does not include information that has been

18 de-identified in accordance with HIPAA.

19 (q) "Informed consent" means:

20 (1) where a health care provider, health care

21 professional, or health facility has implemented opt-in

22 testing, a process by which an individual or their legal

23 representative receives pre-test information, has an

24 opportunity to ask questions, and consents verbally or in

25 writing to the test without undue inducement or any element

26 of force, fraud, deceit, duress, or other form of

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1 constraint or coercion; or

2 (2) where a health care provider, health care

3 professional, or health facility has implemented opt-out

4 testing, the individual or their legal representative has

5 been notified verbally or in writing that the test is

6 planned, has received pre-test information, has been given

7 the opportunity to ask questions and the opportunity to

8 decline testing, and has not declined testing; where such

9 notice is provided, consent for opt-out HIV testing may be

10 incorporated into the patient's general consent for

11 medical care on the same basis as are other screening or

12 diagnostic tests; a separate consent for opt-out HIV

13 testing is not required.

14 In addition, where the person providing informed consent is

15 a participant in an HIE, informed consent requires a fair

16 explanation that the results of the patient's HIV test will be

17 accessible through an HIE and meaningful disclosure of the

18 patient's opt-out right under Section 9.6 of this Act.

19 A health care provider, health care professional, or health

20 facility undertaking an informed consent process for HIV

21 testing under this subsection may combine a form used to obtain

22 informed consent for HIV testing with forms used to obtain

23 written consent for general medical care or any other medical

24 test or procedure, provided that the forms make it clear that

25 the subject may consent to general medical care, tests, or

26 procedures without being required to consent to HIV testing,

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1 and clearly explain how the subject may decline HIV testing.

2 Health facility clerical staff or other staff responsible for

3 the consent form for general medical care may obtain consent

4 for HIV testing through a general consent form.

5 (r) "Limited data set" has the meaning ascribed to it under

6 HIPAA, as described in 45 CFR 164.514(e)(2).

7 (s) "Minimum necessary" means the HIPAA standard for using,

8 disclosing, and requesting protected health information found

9 in 45 CFR 164.502(b) and 164.514(d).

10 (s-1) "Opt-in testing" means an approach where an HIV test

11 is presented by offering the test and the patient accepts or

12 declines testing.

13 (s-3) "Opt-out testing" means an approach where an HIV test

14 is presented such that a patient is notified that HIV testing

15 may occur unless the patient declines.

16 (t) "Organized health care arrangement" has the meaning

17 ascribed to it under HIPAA, as specified in 45 CFR 160.103.

18 (u) "Patient safety activities" has the meaning ascribed to

19 it under 42 CFR 3.20.

20 (v) "Payment" has the meaning ascribed to it under HIPAA,

21 as specified in 45 CFR 164.501.

22 (w) "Person" includes any natural person, partnership,

23 association, joint venture, trust, governmental entity, public

24 or private corporation, health facility, or other legal entity.

25 (w-5) "Pre-test information" means:

26 (1) a reasonable explanation of the test, including its

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1 purpose, potential uses, limitations, and the meaning of

2 its results; and

3 (2) a reasonable explanation of the procedures to be

4 followed, including the voluntary nature of the test, the

5 availability of a qualified person to answer questions, the

6 right to withdraw consent to the testing process at any

7 time, the right to anonymity to the extent provided by law

8 with respect to participation in the test and disclosure of

9 test results, and the right to confidential treatment of

10 information identifying the subject of the test and the

11 results of the test, to the extent provided by law.

12 Pre-test information may be provided in writing, verbally,

13 or by video, electronic, or other means and may be provided as

14 designated by the supervising health care professional or the

15 health facility.

16 For the purposes of this definition, a qualified person to

17 answer questions is a health care professional or, when acting

18 under the supervision of a health care professional, a

19 registered nurse, medical assistant, or other person

20 determined to be sufficiently knowledgeable about HIV testing,

21 its purpose, potential uses, limitations, the meaning of the

22 test results, and the testing procedures in the professional

23 judgment of a supervising health care professional or as

24 designated by a health care facility.

25 (x) "Protected health information" has the meaning

26 ascribed to it under HIPAA, as specified in 45 CFR 160.103.

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1 (y) "Research" has the meaning ascribed to it under HIPAA,

2 as specified in 45 CFR 164.501.

3 (z) "State agency" means an instrumentality of the State of

4 Illinois and any instrumentality of another state that,

5 pursuant to applicable law or a written undertaking with an

6 instrumentality of the State of Illinois, is bound to protect

7 the privacy of HIV-related information of Illinois persons.

8 (aa) "Test" or "HIV test" means a test to determine the

9 presence of the antibody or antigen to HIV, or of HIV

10 infection.

11 (bb) "Treatment" has the meaning ascribed to it under

12 HIPAA, as specified in 45 CFR 164.501.

13 (cc) "Use" has the meaning ascribed to it under HIPAA, as

14 specified in 45 CFR 160.103, where context dictates.

15 (Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15; 99-54,

16 eff. 1-1-16; 99-173, eff. 7-29-15; 99-642, eff. 7-28-16.)

17 Section 280. The Illinois Sexually Transmissible Disease

18 Control Act is amended by changing Sections 3, 4, and 5.5 as

19 follows:

20 (410 ILCS 325/3) (from Ch. 111 1/2, par. 7403)

21 Sec. 3. Definitions. As used in this Act, unless the

22 context clearly requires otherwise:

23 (1) "Department" means the Department of Public Health.

24 (2) "Local health authority" means the full-time official

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1 health department of board of health, as recognized by the

2 Department, having jurisdiction over a particular area.

3 (3) "Sexually transmissible disease" means a bacterial,

4 viral, fungal or parasitic disease, determined by rule of the

5 Department to be sexually transmissible, to be a threat to the

6 public health and welfare, and to be a disease for which a

7 legitimate public interest will be served by providing for

8 regulation and treatment. In considering which diseases are to

9 be designated sexually transmissible diseases, the Department

10 shall consider such diseases as chancroid, gonorrhea,

11 granuloma inguinale, lymphogranuloma venereum, genital herpes

12 simplex, chlamydia, nongonococcal urethritis (NGU), pelvic

13 inflammatory disease (PID)/Acute Salpingitis, syphilis,

14 Acquired Immunodeficiency Syndrome (AIDS), and Human

15 Immunodeficiency Virus (HIV) for designation, and shall

16 consider the recommendations and classifications of the

17 Centers for Disease Control and other nationally recognized

18 medical authorities. Not all diseases that are sexually

19 transmissible need be designated for purposes of this Act.

20 (4) "Health care professional" means a physician licensed

21 to practice medicine in all its branches, a licensed physician

22 assistant, or a licensed advanced practice registered nurse.

23 (5) "Expedited partner therapy" means to prescribe,

24 dispense, furnish, or otherwise provide prescription

25 antibiotic drugs to the partner or partners of persons

26 clinically diagnosed as infected with a sexually transmissible

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1 disease, without physical examination of the partner or

2 partners.

3 (Source: P.A. 99-173, eff. 7-29-15.)

4 (410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)

5 Sec. 4. Reporting required.

6 (a) A physician licensed under the provisions of the

7 Medical Practice Act of 1987, an advanced practiceregistered

8 nurse licensed under the provisions of the Nurse Practice Act,

9 or a physician assistant licensed under the provisions of the

10 Physician Assistant Practice Act of 1987 who makes a diagnosis

11 of or treats a person with a sexually transmissible disease and

12 each laboratory that performs a test for a sexually

13 transmissible disease which concludes with a positive result

14 shall report such facts as may be required by the Department by

15 rule, within such time period as the Department may require by

16 rule, but in no case to exceed 2 weeks.

17 (b) The Department shall adopt rules specifying the

18 information required in reporting a sexually transmissible

19 disease, the method of reporting and specifying a minimum time

20 period for reporting. In adopting such rules, the Department

21 shall consider the need for information, protections for the

22 privacy and confidentiality of the patient, and the practical

23 abilities of persons and laboratories to report in a reasonable

24 fashion.

25 (c) Any person who knowingly or maliciously disseminates

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1 any false information or report concerning the existence of any

2 sexually transmissible disease under this Section is guilty of

3 a Class A misdemeanor.

4 (d) Any person who violates the provisions of this Section

5 or the rules adopted hereunder may be fined by the Department

6 up to $500 for each violation. The Department shall report each

7 violation of this Section to the regulatory agency responsible

8 for licensing a health care professional or a laboratory to

9 which these provisions apply.

10 (Source: P.A. 99-173, eff. 7-29-15.)

11 (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)

12 Sec. 5.5. Risk assessment.

13 (a) Whenever the Department receives a report of HIV

14 infection or AIDS pursuant to this Act and the Department

15 determines that the subject of the report may present or may

16 have presented a possible risk of HIV transmission, the

17 Department shall, when medically appropriate, investigate the

18 subject of the report and that person's contacts as defined in

19 subsection (c), to assess the potential risks of transmission.

20 Any investigation and action shall be conducted in a timely

21 fashion. All contacts other than those defined in subsection

22 (c) shall be investigated in accordance with Section 5 of this

23 Act.

24 (b) If the Department determines that there is or may have

25 been potential risks of HIV transmission from the subject of

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1 the report to other persons, the Department shall afford the

2 subject the opportunity to submit any information and comment

3 on proposed actions the Department intends to take with respect

4 to the subject's contacts who are at potential risk of

5 transmission of HIV prior to notification of the subject's

6 contacts. The Department shall also afford the subject of the

7 report the opportunity to notify the subject's contacts in a

8 timely fashion who are at potential risk of transmission of HIV

9 prior to the Department taking any steps to notify such

10 contacts. If the subject declines to notify such contacts or if

11 the Department determines the notices to be inadequate or

12 incomplete, the Department shall endeavor to notify such other

13 persons of the potential risk, and offer testing and counseling

14 services to these individuals. When the contacts are notified,

15 they shall be informed of the disclosure provisions of the AIDS

16 Confidentiality Act and the penalties therein and this Section.

17 (c) Contacts investigated under this Section shall in the

18 case of HIV infection include (i) individuals who have

19 undergone invasive procedures performed by an HIV infected

20 health care provider and (ii) health care providers who have

21 performed invasive procedures for persons infected with HIV,

22 provided the Department has determined that there is or may

23 have been potential risk of HIV transmission from the health

24 care provider to those individuals or from infected persons to

25 health care providers. The Department shall have access to the

26 subject's records to review for the identity of contacts. The

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1 subject's records shall not be copied or seized by the

2 Department.

3 For purposes of this subsection, the term "invasive

4 procedures" means those procedures termed invasive by the

5 Centers for Disease Control in current guidelines or

6 recommendations for the prevention of HIV transmission in

7 health care settings, and the term "health care provider" means

8 any physician, dentist, podiatric physician, advanced practice

9 registered nurse, physician assistant, nurse, or other person

10 providing health care services of any kind.

11 (d) All information and records held by the Department and

12 local health authorities pertaining to activities conducted

13 pursuant to this Section shall be strictly confidential and

14 exempt from copying and inspection under the Freedom of

15 Information Act. Such information and records shall not be

16 released or made public by the Department or local health

17 authorities, and shall not be admissible as evidence, nor

18 discoverable in any action of any kind in any court or before

19 any tribunal, board, agency or person and shall be treated in

20 the same manner as the information and those records subject to

21 the provisions of Part 21 of Article VIII of the Code of Civil

22 Procedure except under the following circumstances:

23 (1) When made with the written consent of all persons

24 to whom this information pertains;

25 (2) When authorized under Section 8 to be released

26 under court order or subpoena pursuant to Section 12-5.01

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1 or 12-16.2 of the Criminal Code of 1961 or the Criminal

2 Code of 2012; or

3 (3) When made by the Department for the purpose of

4 seeking a warrant authorized by Sections 6 and 7 of this

5 Act. Such disclosure shall conform to the requirements of

6 subsection (a) of Section 8 of this Act.

7 (e) Any person who knowingly or maliciously disseminates

8 any information or report concerning the existence of any

9 disease under this Section is guilty of a Class A misdemeanor.

10 (Source: P.A. 98-214, eff. 8-9-13; 98-756, eff. 7-16-14;

11 99-642, eff. 7-28-16.)

12 Section 285. The Perinatal HIV Prevention Act is amended by

13 changing Section 5 as follows:

14 (410 ILCS 335/5)

15 Sec. 5. Definitions. In this Act:

16 "Department" means the Department of Public Health.

17 "Health care professional" means a physician licensed to

18 practice medicine in all its branches, a licensed physician

19 assistant, or a licensed advanced practiceregistered nurse.

20 "Health care facility" or "facility" means any hospital or

21 other institution that is licensed or otherwise authorized to

22 deliver health care services.

23 "Health care services" means any prenatal medical care or

24 labor or delivery services to a pregnant woman and her newborn

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1 infant, including hospitalization.

2 (Source: P.A. 99-173, eff. 7-29-15.)

3 Section 290. The Genetic Information Privacy Act is amended

4 by changing Section 10 as follows:

5 (410 ILCS 513/10)

6 Sec. 10. Definitions. As used in this Act:

7 "Authority" means the Illinois Health Information Exchange

8 Authority established pursuant to the Illinois Health

9 Information Exchange and Technology Act.

10 "Business associate" has the meaning ascribed to it under

11 HIPAA, as specified in 45 CFR 160.103.

12 "Covered entity" has the meaning ascribed to it under

13 HIPAA, as specified in 45 CFR 160.103.

14 "De-identified information" means health information that

15 is not individually identifiable as described under HIPAA, as

16 specified in 45 CFR 164.514(b).

17 "Disclosure" has the meaning ascribed to it under HIPAA, as

18 specified in 45 CFR 160.103.

19 "Employer" means the State of Illinois, any unit of local

20 government, and any board, commission, department,

21 institution, or school district, any party to a public

22 contract, any joint apprenticeship or training committee

23 within the State, and every other person employing employees

24 within the State.

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1 "Employment agency" means both public and private

2 employment agencies and any person, labor organization, or

3 labor union having a hiring hall or hiring office regularly

4 undertaking, with or without compensation, to procure

5 opportunities to work, or to procure, recruit, refer, or place

6 employees.

7 "Family member" means, with respect to an individual, (i)

8 the spouse of the individual; (ii) a dependent child of the

9 individual, including a child who is born to or placed for

10 adoption with the individual; (iii) any other person qualifying

11 as a covered dependent under a managed care plan; and (iv) all

12 other individuals related by blood or law to the individual or

13 the spouse or child described in subsections (i) through (iii)

14 of this definition.

15 "Genetic information" has the meaning ascribed to it under

16 HIPAA, as specified in 45 CFR 160.103.

17 "Genetic monitoring" means the periodic examination of

18 employees to evaluate acquired modifications to their genetic

19 material, such as chromosomal damage or evidence of increased

20 occurrence of mutations that may have developed in the course

21 of employment due to exposure to toxic substances in the

22 workplace in order to identify, evaluate, and respond to

23 effects of or control adverse environmental exposures in the

24 workplace.

25 "Genetic services" has the meaning ascribed to it under

26 HIPAA, as specified in 45 CFR 160.103.

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1 "Genetic testing" and "genetic test" have the meaning

2 ascribed to "genetic test" under HIPAA, as specified in 45 CFR

3 160.103.

4 "Health care operations" has the meaning ascribed to it

5 under HIPAA, as specified in 45 CFR 164.501.

6 "Health care professional" means (i) a licensed physician,

7 (ii) a licensed physician assistant, (iii) a licensed advanced

8 practice registered nurse, (iv) a licensed dentist, (v) a

9 licensed podiatrist, (vi) a licensed genetic counselor, or

10 (vii) an individual certified to provide genetic testing by a

11 state or local public health department.

12 "Health care provider" has the meaning ascribed to it under

13 HIPAA, as specified in 45 CFR 160.103.

14 "Health facility" means a hospital, blood bank, blood

15 center, sperm bank, or other health care institution, including

16 any "health facility" as that term is defined in the Illinois

17 Finance Authority Act.

18 "Health information exchange" or "HIE" means a health

19 information exchange or health information organization that

20 exchanges health information electronically that (i) is

21 established pursuant to the Illinois Health Information

22 Exchange and Technology Act, or any subsequent amendments

23 thereto, and any administrative rules promulgated thereunder;

24 (ii) has established a data sharing arrangement with the

25 Authority; or (iii) as of August 16, 2013, was designated by

26 the Authority Board as a member of, or was represented on, the

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1 Authority Board's Regional Health Information Exchange

2 Workgroup; provided that such designation shall not require the

3 establishment of a data sharing arrangement or other

4 participation with the Illinois Health Information Exchange or

5 the payment of any fee. In certain circumstances, in accordance

6 with HIPAA, an HIE will be a business associate.

7 "Health oversight agency" has the meaning ascribed to it

8 under HIPAA, as specified in 45 CFR 164.501.

9 "HIPAA" means the Health Insurance Portability and

10 Accountability Act of 1996, Public Law 104-191, as amended by

11 the Health Information Technology for Economic and Clinical

12 Health Act of 2009, Public Law 111-05, and any subsequent

13 amendments thereto and any regulations promulgated thereunder.

14 "Insurer" means (i) an entity that is subject to the

15 jurisdiction of the Director of Insurance and (ii) a managed

16 care plan.

17 "Labor organization" includes any organization, labor

18 union, craft union, or any voluntary unincorporated

19 association designed to further the cause of the rights of

20 union labor that is constituted for the purpose, in whole or in

21 part, of collective bargaining or of dealing with employers

22 concerning grievances, terms or conditions of employment, or

23 apprenticeships or applications for apprenticeships, or of

24 other mutual aid or protection in connection with employment,

25 including apprenticeships or applications for apprenticeships.

26 "Licensing agency" means a board, commission, committee,

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1 council, department, or officers, except a judicial officer, in

2 this State or any political subdivision authorized to grant,

3 deny, renew, revoke, suspend, annul, withdraw, or amend a

4 license or certificate of registration.

5 "Limited data set" has the meaning ascribed to it under

6 HIPAA, as described in 45 CFR 164.514(e)(2).

7 "Managed care plan" means a plan that establishes,

8 operates, or maintains a network of health care providers that

9 have entered into agreements with the plan to provide health

10 care services to enrollees where the plan has the ultimate and

11 direct contractual obligation to the enrollee to arrange for

12 the provision of or pay for services through:

13 (1) organizational arrangements for ongoing quality

14 assurance, utilization review programs, or dispute

15 resolution; or

16 (2) financial incentives for persons enrolled in the

17 plan to use the participating providers and procedures

18 covered by the plan.

19 A managed care plan may be established or operated by any

20 entity including a licensed insurance company, hospital or

21 medical service plan, health maintenance organization, limited

22 health service organization, preferred provider organization,

23 third party administrator, or an employer or employee

24 organization.

25 "Minimum necessary" means HIPAA's standard for using,

26 disclosing, and requesting protected health information found

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1 in 45 CFR 164.502(b) and 164.514(d).

2 "Nontherapeutic purpose" means a purpose that is not

3 intended to improve or preserve the life or health of the

4 individual whom the information concerns.

5 "Organized health care arrangement" has the meaning

6 ascribed to it under HIPAA, as specified in 45 CFR 160.103.

7 "Patient safety activities" has the meaning ascribed to it

8 under 42 CFR 3.20.

9 "Payment" has the meaning ascribed to it under HIPAA, as

10 specified in 45 CFR 164.501.

11 "Person" includes any natural person, partnership,

12 association, joint venture, trust, governmental entity, public

13 or private corporation, health facility, or other legal entity.

14 "Protected health information" has the meaning ascribed to

15 it under HIPAA, as specified in 45 CFR 164.103.

16 "Research" has the meaning ascribed to it under HIPAA, as

17 specified in 45 CFR 164.501.

18 "State agency" means an instrumentality of the State of

19 Illinois and any instrumentality of another state which

20 pursuant to applicable law or a written undertaking with an

21 instrumentality of the State of Illinois is bound to protect

22 the privacy of genetic information of Illinois persons.

23 "Treatment" has the meaning ascribed to it under HIPAA, as

24 specified in 45 CFR 164.501.

25 "Use" has the meaning ascribed to it under HIPAA, as

26 specified in 45 CFR 160.103, where context dictates.

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1 (Source: P.A. 98-1046, eff. 1-1-15; 99-173, eff. 7-29-15.)

2 Section 295. The Home Health and Hospice Drug Dispensation

3 and Administration Act is amended by changing Section 10 as

4 follows:

5 (410 ILCS 642/10)

6 Sec. 10. Definitions. In this Act:

7 "Authorized nursing employee" means a registered nurse or

8 advanced practice registered nurse, as defined in the Nurse

9 Practice Act, who is employed by a home health agency or

10 hospice licensed in this State.

11 "Health care professional" means a physician licensed to

12 practice medicine in all its branches, a licensed advanced

13 practice registered nurse, or a licensed physician assistant.

14 "Home health agency" has the meaning ascribed to it in

15 Section 2.04 of the Home Health, Home Services, and Home

16 Nursing Agency Licensing Act.

17 "Hospice" means a full hospice, as defined in Section 3 of

18 the Hospice Program Licensing Act.

19 "Physician" means a physician licensed under the Medical

20 Practice Act of 1987 to practice medicine in all its branches.

21 (Source: P.A. 99-173, eff. 7-29-15.)

22 Section 300. The Radiation Protection Act of 1990 is

23 amended by changing Sections 5 and 6 as follows:

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1 (420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)

2 (Section scheduled to be repealed on January 1, 2021)

3 Sec. 5. Limitations on application of radiation to human

4 beings and requirements for radiation installation operators

5 providing mammography services.

6 (a) No person shall intentionally administer radiation to a

7 human being unless such person is licensed to practice a

8 treatment of human ailments by virtue of the Illinois Medical,

9 Dental or Podiatric Medical Practice Acts, or, as physician

10 assistant, advanced practice registered nurse, technician,

11 nurse, or other assistant, is acting under the supervision,

12 prescription or direction of such licensed person. However, no

13 such physician assistant, advanced practice registered nurse,

14 technician, nurse, or other assistant acting under the

15 supervision of a person licensed under the Medical Practice Act

16 of 1987, shall administer radiation to human beings unless

17 accredited by the Agency, except that persons enrolled in a

18 course of education approved by the Agency may apply ionizing

19 radiation to human beings as required by their course of study

20 when under the direct supervision of a person licensed under

21 the Medical Practice Act of 1987. No person authorized by this

22 Section to apply ionizing radiation shall apply such radiation

23 except to those parts of the human body specified in the Act

24 under which such person or his supervisor is licensed. No

25 person may operate a radiation installation where ionizing

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1 radiation is administered to human beings unless all persons

2 who administer ionizing radiation in that radiation

3 installation are licensed, accredited, or exempted in

4 accordance with this Section. Nothing in this Section shall be

5 deemed to relieve a person from complying with the provisions

6 of Section 10.

7 (b) In addition, no person shall provide mammography

8 services unless all of the following requirements are met:

9 (1) the mammography procedures are performed using a

10 radiation machine that is specifically designed for

11 mammography;

12 (2) the mammography procedures are performed using a

13 radiation machine that is used solely for performing

14 mammography procedures;

15 (3) the mammography procedures are performed using

16 equipment that has been subjected to a quality assurance

17 program that satisfies quality assurance requirements

18 which the Agency shall establish by rule;

19 (4) beginning one year after the effective date of this

20 amendatory Act of 1991, if the mammography procedure is

21 performed by a radiologic technologist, that technologist,

22 in addition to being accredited by the Agency to perform

23 radiography, has satisfied training requirements specific

24 to mammography, which the Agency shall establish by rule.

25 (c) Every operator of a radiation installation at which

26 mammography services are provided shall ensure and have

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1 confirmed by each mammography patient that the patient is

2 provided with a pamphlet which is orally reviewed with the

3 patient and which contains the following:

4 (1) how to perform breast self-examination;

5 (2) that early detection of breast cancer is maximized

6 through a combined approach, using monthly breast

7 self-examination, a thorough physical examination

8 performed by a physician, and mammography performed at

9 recommended intervals;

10 (3) that mammography is the most accurate method for

11 making an early detection of breast cancer, however, no

12 diagnostic tool is 100% effective;

13 (4) that if the patient is self-referred and does not

14 have a primary care physician, or if the patient is

15 unfamiliar with the breast examination procedures, that

16 the patient has received information regarding public

17 health services where she can obtain a breast examination

18 and instructions.

19 (Source: P.A. 93-149, eff. 7-10-03; 94-104, eff. 7-1-05.)

20 (420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)

21 (Section scheduled to be repealed on January 1, 2021)

22 Sec. 6. Accreditation of administrators of radiation;

23 Limited scope accreditation; Rules and regulations; Education.

24 (a) The Agency shall promulgate such rules and regulations

25 as are necessary to establish accreditation standards and

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1 procedures, including a minimum course of education and

2 continuing education requirements in the administration of

3 radiation to human beings, which are appropriate to the

4 classification of accreditation and which are to be met by all

5 physician assistants, advanced practiceregistered nurses,

6 nurses, technicians, or other assistants who administer

7 radiation to human beings under the supervision of a person

8 licensed under the Medical Practice Act of 1987. Such rules and

9 regulations may provide for different classes of accreditation

10 based on evidence of national certification, clinical

11 experience or community hardship as conditions of initial and

12 continuing accreditation. The rules and regulations of the

13 Agency shall be consistent with national standards in regard to

14 the protection of the health and safety of the general public.

15 (b) The rules and regulations shall also provide that

16 persons who have been accredited by the Agency, in accordance

17 with the Radiation Protection Act, without passing an

18 examination, will remain accredited as provided in Section 43

19 of this Act and that those persons may be accredited, without

20 passing an examination, to use other equipment, procedures, or

21 supervision within the original category of accreditation if

22 the Agency receives written assurances from a person licensed

23 under the Medical Practice Act of 1987, that the person

24 accredited has the necessary skill and qualifications for such

25 additional equipment procedures or supervision. The Agency

26 shall, in accordance with subsection (c) of this Section,

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1 provide for the accreditation of nurses, technicians, or other

2 assistants, unless exempted elsewhere in this Act, to perform a

3 limited scope of diagnostic radiography procedures of the

4 chest, the extremities, skull and sinuses, or the spine, while

5 under the supervision of a person licensed under the Medical

6 Practice Act of 1987.

7 (c) The rules or regulations promulgated by the Agency

8 pursuant to subsection (a) shall establish standards and

9 procedures for accrediting persons to perform a limited scope

10 of diagnostic radiography procedures. The rules or regulations

11 shall require persons seeking limited scope accreditation to

12 register with the Agency as a "student-in-training," and

13 declare those procedures in which the student will be receiving

14 training. The student-in-training registration shall be valid

15 for a period of 16 months, during which the time the student

16 may, under the supervision of a person licensed under the

17 Medical Practice Act of 1987, perform the diagnostic

18 radiography procedures listed on the student's registration.

19 The student-in-training registration shall be nonrenewable.

20 Upon expiration of the 16 month training period, the

21 student shall be prohibited from performing diagnostic

22 radiography procedures unless accredited by the Agency to

23 perform such procedures. In order to be accredited to perform a

24 limited scope of diagnostic radiography procedures, an

25 individual must pass an examination offered by the Agency. The

26 examination shall be consistent with national standards in

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1 regard to protection of public health and safety. The

2 examination shall consist of a standardized component covering

3 general principles applicable to diagnostic radiography

4 procedures and a clinical component specific to the types of

5 procedures for which accreditation is being sought. The Agency

6 may assess a reasonable fee for such examinations to cover the

7 costs incurred by the Agency in conjunction with offering the

8 examinations.

9 (d) The Agency shall by rule or regulation exempt from

10 accreditation physician assistants, advanced practice

11 registerednurses, nurses, technicians, or other assistants

12 who administer radiation to human beings under supervision of a

13 person licensed to practice under the Medical Practice Act of

14 1987 when the services are performed on employees of a business

15 at a medical facility owned and operated by the business. Such

16 exemption shall only apply to the equipment, procedures and

17 supervision specific to the medical facility owned and operated

18 by the business.

19 (Source: P.A. 94-104, eff. 7-1-05; 95-777, eff. 8-4-08.)

20 Section 305. The Illinois Vehicle Code is amended by

21 changing Sections 1-159.1, 3-609, 3-616, 6-103, 6-106.1,

22 6-106.1a, 6-901, 11-501.01, 11-501.2, 11-501.6, 11-501.8,

23 11-1301.2, and 11-1301.5 as follows:

24 (625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)

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1 Sec. 1-159.1. Person with disabilities. A natural person

2 who, as determined by a licensed physician, by a licensed

3 physician assistant, or by a licensed advanced practice

4 registerednurse: (1) cannot walk without the use of, or

5 assistance from, a brace, cane, crutch, another person,

6 prosthetic device, wheelchair, or other assistive device; (2)

7 is restricted by lung disease to such an extent that his or her

8 forced (respiratory) expiratory volume for one second, when

9 measured by spirometry, is less than one liter, or the arterial

10 oxygen tension is less than 60 mm/hg on room air at rest; (3)

11 uses portable oxygen; (4) has a cardiac condition to the extent

12 that the person's functional limitations are classified in

13 severity as Class III or Class IV, according to standards set

14 by the American Heart Association; (5) is severely limited in

15 the person's ability to walk due to an arthritic, neurological,

16 oncological, or orthopedic condition; (6) cannot walk 200 feet

17 without stopping to rest because of one of the above 5

18 conditions; or (7) is missing a hand or arm or has permanently

19 lost the use of a hand or arm.

20 (Source: P.A. 98-405, eff. 1-1-14; 99-173, eff. 7-29-15.)

21 (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)

22 Sec. 3-609. Plates for Veterans with Disabilities.

23 (a) Any veteran who holds proof of a service-connected

24 disability from the United States Department of Veterans

25 Affairs, and who has obtained certification from a licensed

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1 physician, physician assistant, or advanced practice

2 registered nurse that the service-connected disability

3 qualifies the veteran for issuance of registration plates or

4 decals to a person with disabilities in accordance with Section

5 3-616, may, without the payment of any registration fee, make

6 application to the Secretary of State for license plates for

7 veterans with disabilities displaying the international symbol

8 of access, for the registration of one motor vehicle of the

9 first division or one motor vehicle of the second division

10 weighing not more than 8,000 pounds.

11 (b) Any veteran who holds proof of a service-connected

12 disability from the United States Department of Veterans

13 Affairs, and whose degree of disability has been declared to be

14 50% or more, but whose disability does not qualify the veteran

15 for a plate or decal for persons with disabilities under

16 Section 3-616, may, without the payment of any registration

17 fee, make application to the Secretary for a special

18 registration plate without the international symbol of access

19 for the registration of one motor vehicle of the first division

20 or one motor vehicle of the second division weighing not more

21 than 8,000 pounds.

22 (c) Renewal of such registration must be accompanied with

23 documentation for eligibility of registration without fee

24 unless the applicant has a permanent qualifying disability, and

25 such registration plates may not be issued to any person not

26 eligible therefor. The Illinois Department of Veterans'

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1 Affairs may assist in providing the documentation of

2 disability.

3 (d) The design and color of the plates shall be within the

4 discretion of the Secretary, except that the plates issued

5 under subsection (b) of this Section shall not contain the

6 international symbol of access. The Secretary may, in his or

7 her discretion, allow the plates to be issued as vanity or

8 personalized plates in accordance with Section 3-405.1 of this

9 Code. Registration shall be for a multi-year period and may be

10 issued staggered registration.

11 (e) Any person eligible to receive license plates under

12 this Section who has been approved for benefits under the

13 Senior Citizens and Persons with Disabilities Property Tax

14 Relief Act, or who has claimed and received a grant under that

15 Act, shall pay a fee of $24 instead of the fee otherwise

16 provided in this Code for passenger cars displaying standard

17 multi-year registration plates issued under Section 3-414.1,

18 for motor vehicles registered at 8,000 pounds or less under

19 Section 3-815(a), or for recreational vehicles registered at

20 8,000 pounds or less under Section 3-815(b), for a second set

21 of plates under this Section.

22 (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)

23 (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)

24 Sec. 3-616. Disability license plates.

25 (a) Upon receiving an application for a certificate of

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1 registration for a motor vehicle of the first division or for a

2 motor vehicle of the second division weighing no more than

3 8,000 pounds, accompanied with payment of the registration fees

4 required under this Code from a person with disabilities or a

5 person who is deaf or hard of hearing, the Secretary of State,

6 if so requested, shall issue to such person registration plates

7 as provided for in Section 3-611, provided that the person with

8 disabilities or person who is deaf or hard of hearing must not

9 be disqualified from obtaining a driver's license under

10 subsection 8 of Section 6-103 of this Code, and further

11 provided that any person making such a request must submit a

12 statement, certified by a licensed physician, by a licensed

13 physician assistant, or by a licensed advanced practice

14 registerednurse, to the effect that such person is a person

15 with disabilities as defined by Section 1-159.1 of this Code,

16 or alternatively provide adequate documentation that such

17 person has a Class 1A, Class 2A or Type Four disability under

18 the provisions of Section 4A of the Illinois Identification

19 Card Act. For purposes of this Section, an Illinois Person with

20 a Disability Identification Card issued pursuant to the

21 Illinois Identification Card Act indicating that the person

22 thereon named has a disability shall be adequate documentation

23 of such a disability.

24 (b) The Secretary shall issue plates under this Section to

25 a parent or legal guardian of a person with disabilities if the

26 person with disabilities has a Class 1A or Class 2A disability

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1 as defined in Section 4A of the Illinois Identification Card

2 Act or is a person with disabilities as defined by Section

3 1-159.1 of this Code, and does not possess a vehicle registered

4 in his or her name, provided that the person with disabilities

5 relies frequently on the parent or legal guardian for

6 transportation. Only one vehicle per family may be registered

7 under this subsection, unless the applicant can justify in

8 writing the need for one additional set of plates. Any person

9 requesting special plates under this subsection shall submit

10 such documentation or such physician's, physician assistant's,

11 or advanced practice registerednurse's statement as is

12 required in subsection (a) and a statement describing the

13 circumstances qualifying for issuance of special plates under

14 this subsection. An optometrist may certify a Class 2A Visual

15 Disability, as defined in Section 4A of the Illinois

16 Identification Card Act, for the purpose of qualifying a person

17 with disabilities for special plates under this subsection.

18 (c) The Secretary may issue a parking decal or device to a

19 person with disabilities as defined by Section 1-159.1 without

20 regard to qualification of such person with disabilities for a

21 driver's license or registration of a vehicle by such person

22 with disabilities or such person's immediate family, provided

23 such person with disabilities making such a request has been

24 issued an Illinois Person with a Disability Identification Card

25 indicating that the person named thereon has a Class 1A or

26 Class 2A disability, or alternatively, submits a statement

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1 certified by a licensed physician, or by a licensed physician

2 assistant or a licensed advanced practice registered nurse as

3 provided in subsection (a), to the effect that such person is a

4 person with disabilities as defined by Section 1-159.1. An

5 optometrist may certify a Class 2A Visual Disability as defined

6 in Section 4A of the Illinois Identification Card Act for the

7 purpose of qualifying a person with disabilities for a parking

8 decal or device under this subsection.

9 (d) The Secretary shall prescribe by rules and regulations

10 procedures to certify or re-certify as necessary the

11 eligibility of persons whose disabilities are other than

12 permanent for special plates or parking decals or devices

13 issued under subsections (a), (b) and (c). Except as provided

14 under subsection (f) of this Section, no such special plates,

15 decals or devices shall be issued by the Secretary of State to

16 or on behalf of any person with disabilities unless such person

17 is certified as meeting the definition of a person with

18 disabilities pursuant to Section 1-159.1 or meeting the

19 requirement of a Type Four disability as provided under Section

20 4A of the Illinois Identification Card Act for the period of

21 time that the physician, or the physician assistant or advanced

22 practice registerednurse as provided in subsection (a),

23 determines the applicant will have the disability, but not to

24 exceed 6 months from the date of certification or

25 recertification.

26 (e) Any person requesting special plates under this Section

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1 may also apply to have the special plates personalized, as

2 provided under Section 3-405.1.

3 (f) The Secretary of State, upon application, shall issue

4 disability registration plates or a parking decal to

5 corporations, school districts, State or municipal agencies,

6 limited liability companies, nursing homes, convalescent

7 homes, or special education cooperatives which will transport

8 persons with disabilities. The Secretary shall prescribe by

9 rule a means to certify or re-certify the eligibility of

10 organizations to receive disability plates or decals and to

11 designate which of the 2 person with disabilities emblems shall

12 be placed on qualifying vehicles.

13 (g) The Secretary of State, or his designee, may enter into

14 agreements with other jurisdictions, including foreign

15 jurisdictions, on behalf of this State relating to the

16 extension of parking privileges by such jurisdictions to

17 residents of this State with disabilities who display a special

18 license plate or parking device that contains the International

19 symbol of access on his or her motor vehicle, and to recognize

20 such plates or devices issued by such other jurisdictions. This

21 State shall grant the same parking privileges which are granted

22 to residents of this State with disabilities to any

23 non-resident whose motor vehicle is licensed in another state,

24 district, territory or foreign country if such vehicle displays

25 the international symbol of access or a distinguishing insignia

26 on license plates or parking device issued in accordance with

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1 the laws of the non-resident's state, district, territory or

2 foreign country.

3 (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;

4 99-642, eff. 7-28-16.)

5 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)

6 Sec. 6-103. What persons shall not be licensed as drivers

7 or granted permits.The Secretary of State shall not issue,

8 renew, or allow the retention of any driver's license nor issue

9 any permit under this Code:

10 1. To any person, as a driver, who is under the age of

11 18 years except as provided in Section 6-107, and except

12 that an instruction permit may be issued under Section

13 6-107.1 to a child who is not less than 15 years of age if

14 the child is enrolled in an approved driver education

15 course as defined in Section 1-103 of this Code and

16 requires an instruction permit to participate therein,

17 except that an instruction permit may be issued under the

18 provisions of Section 6-107.1 to a child who is 17 years

19 and 3 months of age without the child having enrolled in an

20 approved driver education course and except that an

21 instruction permit may be issued to a child who is at least

22 15 years and 3 months of age, is enrolled in school, meets

23 the educational requirements of the Driver Education Act,

24 and has passed examinations the Secretary of State in his

25 or her discretion may prescribe;

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1 1.5. To any person at least 18 years of age but less

2 than 21 years of age unless the person has, in addition to

3 any other requirements of this Code, successfully

4 completed an adult driver education course as provided in

5 Section 6-107.5 of this Code;

6 2. To any person who is under the age of 18 as an

7 operator of a motorcycle other than a motor driven cycle

8 unless the person has, in addition to meeting the

9 provisions of Section 6-107 of this Code, successfully

10 completed a motorcycle training course approved by the

11 Illinois Department of Transportation and successfully

12 completes the required Secretary of State's motorcycle

13 driver's examination;

14 3. To any person, as a driver, whose driver's license

15 or permit has been suspended, during the suspension, nor to

16 any person whose driver's license or permit has been

17 revoked, except as provided in Sections 6-205, 6-206, and

18 6-208;

19 4. To any person, as a driver, who is a user of alcohol

20 or any other drug to a degree that renders the person

21 incapable of safely driving a motor vehicle;

22 5. To any person, as a driver, who has previously been

23 adjudged to be afflicted with or suffering from any mental

24 or physical disability or disease and who has not at the

25 time of application been restored to competency by the

26 methods provided by law;

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1 6. To any person, as a driver, who is required by the

2 Secretary of State to submit an alcohol and drug evaluation

3 or take an examination provided for in this Code unless the

4 person has successfully passed the examination and

5 submitted any required evaluation;

6 7. To any person who is required under the provisions

7 of the laws of this State to deposit security or proof of

8 financial responsibility and who has not deposited the

9 security or proof;

10 8. To any person when the Secretary of State has good

11 cause to believe that the person by reason of physical or

12 mental disability would not be able to safely operate a

13 motor vehicle upon the highways, unless the person shall

14 furnish to the Secretary of State a verified written

15 statement, acceptable to the Secretary of State, from a

16 competent medical specialist, a licensed physician

17 assistant, or a licensed advanced practice registered

18 nurse, to the effect that the operation of a motor vehicle

19 by the person would not be inimical to the public safety;

20 9. To any person, as a driver, who is 69 years of age

21 or older, unless the person has successfully complied with

22 the provisions of Section 6-109;

23 10. To any person convicted, within 12 months of

24 application for a license, of any of the sexual offenses

25 enumerated in paragraph 2 of subsection (b) of Section

26 6-205;

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1 11. To any person who is under the age of 21 years with

2 a classification prohibited in paragraph (b) of Section

3 6-104 and to any person who is under the age of 18 years

4 with a classification prohibited in paragraph (c) of

5 Section 6-104;

6 12. To any person who has been either convicted of or

7 adjudicated under the Juvenile Court Act of 1987 based upon

8 a violation of the Cannabis Control Act, the Illinois

9 Controlled Substances Act, or the Methamphetamine Control

10 and Community Protection Act while that person was in

11 actual physical control of a motor vehicle. For purposes of

12 this Section, any person placed on probation under Section

13 10 of the Cannabis Control Act, Section 410 of the Illinois

14 Controlled Substances Act, or Section 70 of the

15 Methamphetamine Control and Community Protection Act shall

16 not be considered convicted. Any person found guilty of

17 this offense, while in actual physical control of a motor

18 vehicle, shall have an entry made in the court record by

19 the judge that this offense did occur while the person was

20 in actual physical control of a motor vehicle and order the

21 clerk of the court to report the violation to the Secretary

22 of State as such. The Secretary of State shall not issue a

23 new license or permit for a period of one year;

24 13. To any person who is under the age of 18 years and

25 who has committed the offense of operating a motor vehicle

26 without a valid license or permit in violation of Section

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1 6-101 or a similar out of state offense;

2 14. To any person who is 90 days or more delinquent in

3 court ordered child support payments or has been

4 adjudicated in arrears in an amount equal to 90 days'

5 obligation or more and who has been found in contempt of

6 court for failure to pay the support, subject to the

7 requirements and procedures of Article VII of Chapter 7 of

8 the Illinois Vehicle Code;

9 14.5. To any person certified by the Illinois

10 Department of Healthcare and Family Services as being 90

11 days or more delinquent in payment of support under an

12 order of support entered by a court or administrative body

13 of this or any other State, subject to the requirements and

14 procedures of Article VII of Chapter 7 of this Code

15 regarding those certifications;

16 15. To any person released from a term of imprisonment

17 for violating Section 9-3 of the Criminal Code of 1961 or

18 the Criminal Code of 2012, or a similar provision of a law

19 of another state relating to reckless homicide or for

20 violating subparagraph (F) of paragraph (1) of subsection

21 (d) of Section 11-501 of this Code relating to aggravated

22 driving under the influence of alcohol, other drug or

23 drugs, intoxicating compound or compounds, or any

24 combination thereof, if the violation was the proximate

25 cause of a death, within 24 months of release from a term

26 of imprisonment;

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1 16. To any person who, with intent to influence any act

2 related to the issuance of any driver's license or permit,

3 by an employee of the Secretary of State's Office, or the

4 owner or employee of any commercial driver training school

5 licensed by the Secretary of State, or any other individual

6 authorized by the laws of this State to give driving

7 instructions or administer all or part of a driver's

8 license examination, promises or tenders to that person any

9 property or personal advantage which that person is not

10 authorized by law to accept. Any persons promising or

11 tendering such property or personal advantage shall be

12 disqualified from holding any class of driver's license or

13 permit for 120 consecutive days. The Secretary of State

14 shall establish by rule the procedures for implementing

15 this period of disqualification and the procedures by which

16 persons so disqualified may obtain administrative review

17 of the decision to disqualify;

18 17. To any person for whom the Secretary of State

19 cannot verify the accuracy of any information or

20 documentation submitted in application for a driver's

21 license;

22 18. To any person who has been adjudicated under the

23 Juvenile Court Act of 1987 based upon an offense that is

24 determined by the court to have been committed in

25 furtherance of the criminal activities of an organized

26 gang, as provided in Section 5-710 of that Act, and that

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1 involved the operation or use of a motor vehicle or the use

2 of a driver's license or permit. The person shall be denied

3 a license or permit for the period determined by the court;

4 or

5 19. Beginning July 1, 2017, to any person who has been

6 issued an identification card under the Illinois

7 Identification Card Act. Any such person may, at his or her

8 discretion, surrender the identification card in order to

9 become eligible to obtain a driver's license.

10 The Secretary of State shall retain all conviction

11 information, if the information is required to be held

12 confidential under the Juvenile Court Act of 1987.

13 (Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14;

14 99-173, eff. 7-29-15; 99-511, eff. 1-1-17.)

15 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)

16 Sec. 6-106.1. School bus driver permit.

17 (a) The Secretary of State shall issue a school bus driver

18 permit to those applicants who have met all the requirements of

19 the application and screening process under this Section to

20 insure the welfare and safety of children who are transported

21 on school buses throughout the State of Illinois. Applicants

22 shall obtain the proper application required by the Secretary

23 of State from their prospective or current employer and submit

24 the completed application to the prospective or current

25 employer along with the necessary fingerprint submission as

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1 required by the Department of State Police to conduct

2 fingerprint based criminal background checks on current and

3 future information available in the state system and current

4 information available through the Federal Bureau of

5 Investigation's system. Applicants who have completed the

6 fingerprinting requirements shall not be subjected to the

7 fingerprinting process when applying for subsequent permits or

8 submitting proof of successful completion of the annual

9 refresher course. Individuals who on July 1, 1995 (the

10 effective date of Public Act 88-612) possess a valid school bus

11 driver permit that has been previously issued by the

12 appropriate Regional School Superintendent are not subject to

13 the fingerprinting provisions of this Section as long as the

14 permit remains valid and does not lapse. The applicant shall be

15 required to pay all related application and fingerprinting fees

16 as established by rule including, but not limited to, the

17 amounts established by the Department of State Police and the

18 Federal Bureau of Investigation to process fingerprint based

19 criminal background investigations. All fees paid for

20 fingerprint processing services under this Section shall be

21 deposited into the State Police Services Fund for the cost

22 incurred in processing the fingerprint based criminal

23 background investigations. All other fees paid under this

24 Section shall be deposited into the Road Fund for the purpose

25 of defraying the costs of the Secretary of State in

26 administering this Section. All applicants must:

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1 1. be 21 years of age or older;

2 2. possess a valid and properly classified driver's

3 license issued by the Secretary of State;

4 3. possess a valid driver's license, which has not been

5 revoked, suspended, or canceled for 3 years immediately

6 prior to the date of application, or have not had his or

7 her commercial motor vehicle driving privileges

8 disqualified within the 3 years immediately prior to the

9 date of application;

10 4. successfully pass a written test, administered by

11 the Secretary of State, on school bus operation, school bus

12 safety, and special traffic laws relating to school buses

13 and submit to a review of the applicant's driving habits by

14 the Secretary of State at the time the written test is

15 given;

16 5. demonstrate ability to exercise reasonable care in

17 the operation of school buses in accordance with rules

18 promulgated by the Secretary of State;

19 6. demonstrate physical fitness to operate school

20 buses by submitting the results of a medical examination,

21 including tests for drug use for each applicant not subject

22 to such testing pursuant to federal law, conducted by a

23 licensed physician, a licensed advanced practice

24 registerednurse, or a licensed physician assistant within

25 90 days of the date of application according to standards

26 promulgated by the Secretary of State;

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1 7. affirm under penalties of perjury that he or she has

2 not made a false statement or knowingly concealed a

3 material fact in any application for permit;

4 8. have completed an initial classroom course,

5 including first aid procedures, in school bus driver safety

6 as promulgated by the Secretary of State; and after

7 satisfactory completion of said initial course an annual

8 refresher course; such courses and the agency or

9 organization conducting such courses shall be approved by

10 the Secretary of State; failure to complete the annual

11 refresher course, shall result in cancellation of the

12 permit until such course is completed;

13 9. not have been under an order of court supervision

14 for or convicted of 2 or more serious traffic offenses, as

15 defined by rule, within one year prior to the date of

16 application that may endanger the life or safety of any of

17 the driver's passengers within the duration of the permit

18 period;

19 10. not have been under an order of court supervision

20 for or convicted of reckless driving, aggravated reckless

21 driving, driving while under the influence of alcohol,

22 other drug or drugs, intoxicating compound or compounds or

23 any combination thereof, or reckless homicide resulting

24 from the operation of a motor vehicle within 3 years of the

25 date of application;

26 11. not have been convicted of committing or attempting

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1 to commit any one or more of the following offenses: (i)

2 those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,

3 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,

4 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,

5 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,

6 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,

7 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,

8 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,

9 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,

10 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,

11 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,

12 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,

13 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,

14 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,

15 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,

16 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,

17 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,

18 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section

19 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),

20 (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and

21 in subsection (a) and subsection (b), clause (1), of

22 Section 12-4, and in subsection (A), clauses (a) and (b),

23 of Section 24-3, and those offenses contained in Article

24 29D of the Criminal Code of 1961 or the Criminal Code of

25 2012; (ii) those offenses defined in the Cannabis Control

26 Act except those offenses defined in subsections (a) and

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1 (b) of Section 4, and subsection (a) of Section 5 of the

2 Cannabis Control Act; (iii) those offenses defined in the

3 Illinois Controlled Substances Act; (iv) those offenses

4 defined in the Methamphetamine Control and Community

5 Protection Act; (v) any offense committed or attempted in

6 any other state or against the laws of the United States,

7 which if committed or attempted in this State would be

8 punishable as one or more of the foregoing offenses; (vi)

9 the offenses defined in Section 4.1 and 5.1 of the Wrongs

10 to Children Act or Section 11-9.1A of the Criminal Code of

11 1961 or the Criminal Code of 2012; (vii) those offenses

12 defined in Section 6-16 of the Liquor Control Act of 1934;

13 and (viii) those offenses defined in the Methamphetamine

14 Precursor Control Act;

15 12. not have been repeatedly involved as a driver in

16 motor vehicle collisions or been repeatedly convicted of

17 offenses against laws and ordinances regulating the

18 movement of traffic, to a degree which indicates lack of

19 ability to exercise ordinary and reasonable care in the

20 safe operation of a motor vehicle or disrespect for the

21 traffic laws and the safety of other persons upon the

22 highway;

23 13. not have, through the unlawful operation of a motor

24 vehicle, caused an accident resulting in the death of any

25 person;

26 14. not have, within the last 5 years, been adjudged to

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1 be afflicted with or suffering from any mental disability

2 or disease; and

3 15. consent, in writing, to the release of results of

4 reasonable suspicion drug and alcohol testing under

5 Section 6-106.1c of this Code by the employer of the

6 applicant to the Secretary of State.

7 (b) A school bus driver permit shall be valid for a period

8 specified by the Secretary of State as set forth by rule. It

9 shall be renewable upon compliance with subsection (a) of this

10 Section.

11 (c) A school bus driver permit shall contain the holder's

12 driver's license number, legal name, residence address, zip

13 code, and date of birth, a brief description of the holder and

14 a space for signature. The Secretary of State may require a

15 suitable photograph of the holder.

16 (d) The employer shall be responsible for conducting a

17 pre-employment interview with prospective school bus driver

18 candidates, distributing school bus driver applications and

19 medical forms to be completed by the applicant, and submitting

20 the applicant's fingerprint cards to the Department of State

21 Police that are required for the criminal background

22 investigations. The employer shall certify in writing to the

23 Secretary of State that all pre-employment conditions have been

24 successfully completed including the successful completion of

25 an Illinois specific criminal background investigation through

26 the Department of State Police and the submission of necessary

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1 fingerprints to the Federal Bureau of Investigation for

2 criminal history information available through the Federal

3 Bureau of Investigation system. The applicant shall present the

4 certification to the Secretary of State at the time of

5 submitting the school bus driver permit application.

6 (e) Permits shall initially be provisional upon receiving

7 certification from the employer that all pre-employment

8 conditions have been successfully completed, and upon

9 successful completion of all training and examination

10 requirements for the classification of the vehicle to be

11 operated, the Secretary of State shall provisionally issue a

12 School Bus Driver Permit. The permit shall remain in a

13 provisional status pending the completion of the Federal Bureau

14 of Investigation's criminal background investigation based

15 upon fingerprinting specimens submitted to the Federal Bureau

16 of Investigation by the Department of State Police. The Federal

17 Bureau of Investigation shall report the findings directly to

18 the Secretary of State. The Secretary of State shall remove the

19 bus driver permit from provisional status upon the applicant's

20 successful completion of the Federal Bureau of Investigation's

21 criminal background investigation.

22 (f) A school bus driver permit holder shall notify the

23 employer and the Secretary of State if he or she is issued an

24 order of court supervision for or convicted in another state of

25 an offense that would make him or her ineligible for a permit

26 under subsection (a) of this Section. The written notification

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1 shall be made within 5 days of the entry of the order of court

2 supervision or conviction. Failure of the permit holder to

3 provide the notification is punishable as a petty offense for a

4 first violation and a Class B misdemeanor for a second or

5 subsequent violation.

6 (g) Cancellation; suspension; notice and procedure.

7 (1) The Secretary of State shall cancel a school bus

8 driver permit of an applicant whose criminal background

9 investigation discloses that he or she is not in compliance

10 with the provisions of subsection (a) of this Section.

11 (2) The Secretary of State shall cancel a school bus

12 driver permit when he or she receives notice that the

13 permit holder fails to comply with any provision of this

14 Section or any rule promulgated for the administration of

15 this Section.

16 (3) The Secretary of State shall cancel a school bus

17 driver permit if the permit holder's restricted commercial

18 or commercial driving privileges are withdrawn or

19 otherwise invalidated.

20 (4) The Secretary of State may not issue a school bus

21 driver permit for a period of 3 years to an applicant who

22 fails to obtain a negative result on a drug test as

23 required in item 6 of subsection (a) of this Section or

24 under federal law.

25 (5) The Secretary of State shall forthwith suspend a

26 school bus driver permit for a period of 3 years upon

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1 receiving notice that the holder has failed to obtain a

2 negative result on a drug test as required in item 6 of

3 subsection (a) of this Section or under federal law.

4 (6) The Secretary of State shall suspend a school bus

5 driver permit for a period of 3 years upon receiving notice

6 from the employer that the holder failed to perform the

7 inspection procedure set forth in subsection (a) or (b) of

8 Section 12-816 of this Code.

9 (7) The Secretary of State shall suspend a school bus

10 driver permit for a period of 3 years upon receiving notice

11 from the employer that the holder refused to submit to an

12 alcohol or drug test as required by Section 6-106.1c or has

13 submitted to a test required by that Section which

14 disclosed an alcohol concentration of more than 0.00 or

15 disclosed a positive result on a National Institute on Drug

16 Abuse five-drug panel, utilizing federal standards set

17 forth in 49 CFR 40.87.

18 The Secretary of State shall notify the State

19 Superintendent of Education and the permit holder's

20 prospective or current employer that the applicant has (1) has

21 failed a criminal background investigation or (2) is no longer

22 eligible for a school bus driver permit; and of the related

23 cancellation of the applicant's provisional school bus driver

24 permit. The cancellation shall remain in effect pending the

25 outcome of a hearing pursuant to Section 2-118 of this Code.

26 The scope of the hearing shall be limited to the issuance

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1 criteria contained in subsection (a) of this Section. A

2 petition requesting a hearing shall be submitted to the

3 Secretary of State and shall contain the reason the individual

4 feels he or she is entitled to a school bus driver permit. The

5 permit holder's employer shall notify in writing to the

6 Secretary of State that the employer has certified the removal

7 of the offending school bus driver from service prior to the

8 start of that school bus driver's next workshift. An employing

9 school board that fails to remove the offending school bus

10 driver from service is subject to the penalties defined in

11 Section 3-14.23 of the School Code. A school bus contractor who

12 violates a provision of this Section is subject to the

13 penalties defined in Section 6-106.11.

14 All valid school bus driver permits issued under this

15 Section prior to January 1, 1995, shall remain effective until

16 their expiration date unless otherwise invalidated.

17 (h) When a school bus driver permit holder who is a service

18 member is called to active duty, the employer of the permit

19 holder shall notify the Secretary of State, within 30 days of

20 notification from the permit holder, that the permit holder has

21 been called to active duty. Upon notification pursuant to this

22 subsection, (i) the Secretary of State shall characterize the

23 permit as inactive until a permit holder renews the permit as

24 provided in subsection (i) of this Section, and (ii) if a

25 permit holder fails to comply with the requirements of this

26 Section while called to active duty, the Secretary of State

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1 shall not characterize the permit as invalid.

2 (i) A school bus driver permit holder who is a service

3 member returning from active duty must, within 90 days, renew a

4 permit characterized as inactive pursuant to subsection (h) of

5 this Section by complying with the renewal requirements of

6 subsection (b) of this Section.

7 (j) For purposes of subsections (h) and (i) of this

8 Section:

9 "Active duty" means active duty pursuant to an executive

10 order of the President of the United States, an act of the

11 Congress of the United States, or an order of the Governor.

12 "Service member" means a member of the Armed Services or

13 reserve forces of the United States or a member of the Illinois

14 National Guard.

15 (k) A private carrier employer of a school bus driver

16 permit holder, having satisfied the employer requirements of

17 this Section, shall be held to a standard of ordinary care for

18 intentional acts committed in the course of employment by the

19 bus driver permit holder. This subsection (k) shall in no way

20 limit the liability of the private carrier employer for

21 violation of any provision of this Section or for the negligent

22 hiring or retention of a school bus driver permit holder.

23 (Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;

24 99-642, eff. 7-28-16.)

25 (625 ILCS 5/6-106.1a)

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1 Sec. 6-106.1a. Cancellation of school bus driver permit;

2 trace of alcohol.

3 (a) A person who has been issued a school bus driver permit

4 by the Secretary of State in accordance with Section 6-106.1 of

5 this Code and who drives or is in actual physical control of a

6 school bus or any other vehicle owned or operated by or for a

7 public or private school, or a school operated by a religious

8 institution, when the vehicle is being used over a regularly

9 scheduled route for the transportation of persons enrolled as

10 students in grade 12 or below, in connection with any activity

11 of the entities listed, upon the public highways of this State

12 shall be deemed to have given consent to a chemical test or

13 tests of blood, breath, other bodily substance, or urine for

14 the purpose of determining the alcohol content of the person's

15 blood if arrested, as evidenced by the issuance of a Uniform

16 Traffic Ticket for any violation of this Code or a similar

17 provision of a local ordinance, if a police officer has

18 probable cause to believe that the driver has consumed any

19 amount of an alcoholic beverage based upon evidence of the

20 driver's physical condition or other first hand knowledge of

21 the police officer. The test or tests shall be administered at

22 the direction of the arresting officer. The law enforcement

23 agency employing the officer shall designate which of the

24 aforesaid tests shall be administered. A urine or other bodily

25 substance test may be administered even after a blood or breath

26 test or both has been administered.

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1 (b) A person who is dead, unconscious, or who is otherwise

2 in a condition rendering that person incapable of refusal,

3 shall be deemed not to have withdrawn the consent provided by

4 paragraph (a) of this Section and the test or tests may be

5 administered subject to the following provisions:

6 (1) Chemical analysis of the person's blood, urine,

7 breath, or other bodily substance, to be considered valid

8 under the provisions of this Section, shall have been

9 performed according to standards promulgated by the

10 Department of State Police by an individual possessing a

11 valid permit issued by the Department of State Police for

12 this purpose. The Director of State Police is authorized to

13 approve satisfactory techniques or methods, to ascertain

14 the qualifications and competence of individuals to

15 conduct analyses, to issue permits that shall be subject to

16 termination or revocation at the direction of the

17 Department of State Police, and to certify the accuracy of

18 breath testing equipment. The Department of State Police

19 shall prescribe rules as necessary.

20 (2) When a person submits to a blood test at the

21 request of a law enforcement officer under the provisions

22 of this Section, only a physician authorized to practice

23 medicine, a licensed physician assistant, a licensed

24 advanced practice registered nurse, a registered nurse, or

25 other qualified person trained in venipuncture and acting

26 under the direction of a licensed physician may withdraw

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1 blood for the purpose of determining the alcohol content.

2 This limitation does not apply to the taking of breath,

3 other bodily substance, or urine specimens.

4 (3) The person tested may have a physician, qualified

5 technician, chemist, registered nurse, or other qualified

6 person of his or her own choosing administer a chemical

7 test or tests in addition to any test or tests administered

8 at the direction of a law enforcement officer. The test

9 administered at the request of the person may be admissible

10 into evidence at a hearing conducted in accordance with

11 Section 2-118 of this Code. The failure or inability to

12 obtain an additional test by a person shall not preclude

13 the consideration of the previously performed chemical

14 test.

15 (4) Upon a request of the person who submits to a

16 chemical test or tests at the request of a law enforcement

17 officer, full information concerning the test or tests

18 shall be made available to the person or that person's

19 attorney by the requesting law enforcement agency within 72

20 hours of receipt of the test result.

21 (5) Alcohol concentration means either grams of

22 alcohol per 100 milliliters of blood or grams of alcohol

23 per 210 liters of breath.

24 (6) If a driver is receiving medical treatment as a

25 result of a motor vehicle accident, a physician licensed to

26 practice medicine, licensed physician assistant, licensed

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1 advanced practice registerednurse, registered nurse, or

2 other qualified person trained in venipuncture and acting

3 under the direction of a licensed physician shall withdraw

4 blood for testing purposes to ascertain the presence of

5 alcohol upon the specific request of a law enforcement

6 officer. However, that testing shall not be performed

7 until, in the opinion of the medical personnel on scene,

8 the withdrawal can be made without interfering with or

9 endangering the well-being of the patient.

10 (c) A person requested to submit to a test as provided in

11 this Section shall be warned by the law enforcement officer

12 requesting the test that a refusal to submit to the test, or

13 submission to the test resulting in an alcohol concentration of

14 more than 0.00, may result in the loss of that person's

15 privilege to possess a school bus driver permit. The loss of

16 the individual's privilege to possess a school bus driver

17 permit shall be imposed in accordance with Section 6-106.1b of

18 this Code. A person requested to submit to a test under this

19 Section shall also acknowledge, in writing, receipt of the

20 warning required under this subsection (c). If the person

21 refuses to acknowledge receipt of the warning, the law

22 enforcement officer shall make a written notation on the

23 warning that the person refused to sign the warning. A person's

24 refusal to sign the warning shall not be evidence that the

25 person was not read the warning.

26 (d) If the person refuses testing or submits to a test that

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1 discloses an alcohol concentration of more than 0.00, the law

2 enforcement officer shall immediately submit a sworn report to

3 the Secretary of State on a form prescribed by the Secretary of

4 State certifying that the test or tests were requested under

5 subsection (a) and the person refused to submit to a test or

6 tests or submitted to testing which disclosed an alcohol

7 concentration of more than 0.00. The law enforcement officer

8 shall submit the same sworn report when a person who has been

9 issued a school bus driver permit and who was operating a

10 school bus or any other vehicle owned or operated by or for a

11 public or private school, or a school operated by a religious

12 institution, when the vehicle is being used over a regularly

13 scheduled route for the transportation of persons enrolled as

14 students in grade 12 or below, in connection with any activity

15 of the entities listed, submits to testing under Section

16 11-501.1 of this Code and the testing discloses an alcohol

17 concentration of more than 0.00 and less than the alcohol

18 concentration at which driving or being in actual physical

19 control of a motor vehicle is prohibited under paragraph (1) of

20 subsection (a) of Section 11-501.

21 Upon receipt of the sworn report of a law enforcement

22 officer, the Secretary of State shall enter the school bus

23 driver permit sanction on the individual's driving record and

24 the sanction shall be effective on the 46th day following the

25 date notice of the sanction was given to the person.

26 The law enforcement officer submitting the sworn report

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1 shall serve immediate notice of this school bus driver permit

2 sanction on the person and the sanction shall be effective on

3 the 46th day following the date notice was given.

4 In cases where the blood alcohol concentration of more than

5 0.00 is established by a subsequent analysis of blood, other

6 bodily substance, or urine, the police officer or arresting

7 agency shall give notice as provided in this Section or by

8 deposit in the United States mail of that notice in an envelope

9 with postage prepaid and addressed to that person at his or her

10 last known address and the loss of the school bus driver permit

11 shall be effective on the 46th day following the date notice

12 was given.

13 Upon receipt of the sworn report of a law enforcement

14 officer, the Secretary of State shall also give notice of the

15 school bus driver permit sanction to the driver and the

16 driver's current employer by mailing a notice of the effective

17 date of the sanction to the individual. However, shall the

18 sworn report be defective by not containing sufficient

19 information or be completed in error, the notice of the school

20 bus driver permit sanction may not be mailed to the person or

21 his current employer or entered to the driving record, but

22 rather the sworn report shall be returned to the issuing law

23 enforcement agency.

24 (e) A driver may contest this school bus driver permit

25 sanction by requesting an administrative hearing with the

26 Secretary of State in accordance with Section 2-118 of this

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1 Code. An individual whose blood alcohol concentration is shown

2 to be more than 0.00 is not subject to this Section if he or she

3 consumed alcohol in the performance of a religious service or

4 ceremony. An individual whose blood alcohol concentration is

5 shown to be more than 0.00 shall not be subject to this Section

6 if the individual's blood alcohol concentration resulted only

7 from ingestion of the prescribed or recommended dosage of

8 medicine that contained alcohol. The petition for that hearing

9 shall not stay or delay the effective date of the impending

10 suspension. The scope of this hearing shall be limited to the

11 issues of:

12 (1) whether the police officer had probable cause to

13 believe that the person was driving or in actual physical

14 control of a school bus or any other vehicle owned or

15 operated by or for a public or private school, or a school

16 operated by a religious institution, when the vehicle is

17 being used over a regularly scheduled route for the

18 transportation of persons enrolled as students in grade 12

19 or below, in connection with any activity of the entities

20 listed, upon the public highways of the State and the

21 police officer had reason to believe that the person was in

22 violation of any provision of this Code or a similar

23 provision of a local ordinance; and

24 (2) whether the person was issued a Uniform Traffic

25 Ticket for any violation of this Code or a similar

26 provision of a local ordinance; and

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1 (3) whether the police officer had probable cause to

2 believe that the driver had consumed any amount of an

3 alcoholic beverage based upon the driver's physical

4 actions or other first-hand knowledge of the police

5 officer; and

6 (4) whether the person, after being advised by the

7 officer that the privilege to possess a school bus driver

8 permit would be canceled if the person refused to submit to

9 and complete the test or tests, did refuse to submit to or

10 complete the test or tests to determine the person's

11 alcohol concentration; and

12 (5) whether the person, after being advised by the

13 officer that the privileges to possess a school bus driver

14 permit would be canceled if the person submits to a

15 chemical test or tests and the test or tests disclose an

16 alcohol concentration of more than 0.00 and the person did

17 submit to and complete the test or tests that determined an

18 alcohol concentration of more than 0.00; and

19 (6) whether the test result of an alcohol concentration

20 of more than 0.00 was based upon the person's consumption

21 of alcohol in the performance of a religious service or

22 ceremony; and

23 (7) whether the test result of an alcohol concentration

24 of more than 0.00 was based upon the person's consumption

25 of alcohol through ingestion of the prescribed or

26 recommended dosage of medicine.

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1 The Secretary of State may adopt administrative rules

2 setting forth circumstances under which the holder of a school

3 bus driver permit is not required to appear in person at the

4 hearing.

5 Provided that the petitioner may subpoena the officer, the

6 hearing may be conducted upon a review of the law enforcement

7 officer's own official reports. Failure of the officer to

8 answer the subpoena shall be grounds for a continuance if, in

9 the hearing officer's discretion, the continuance is

10 appropriate. At the conclusion of the hearing held under

11 Section 2-118 of this Code, the Secretary of State may rescind,

12 continue, or modify the school bus driver permit sanction.

13 (f) The results of any chemical testing performed in

14 accordance with subsection (a) of this Section are not

15 admissible in any civil or criminal proceeding, except that the

16 results of the testing may be considered at a hearing held

17 under Section 2-118 of this Code. However, the results of the

18 testing may not be used to impose driver's license sanctions

19 under Section 11-501.1 of this Code. A law enforcement officer

20 may, however, pursue a statutory summary suspension or

21 revocation of driving privileges under Section 11-501.1 of this

22 Code if other physical evidence or first hand knowledge forms

23 the basis of that suspension or revocation.

24 (g) This Section applies only to drivers who have been

25 issued a school bus driver permit in accordance with Section

26 6-106.1 of this Code at the time of the issuance of the Uniform

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1 Traffic Ticket for a violation of this Code or a similar

2 provision of a local ordinance, and a chemical test request is

3 made under this Section.

4 (h) The action of the Secretary of State in suspending,

5 revoking, canceling, or denying any license, permit,

6 registration, or certificate of title shall be subject to

7 judicial review in the Circuit Court of Sangamon County or in

8 the Circuit Court of Cook County, and the provisions of the

9 Administrative Review Law and its rules are hereby adopted and

10 shall apply to and govern every action for the judicial review

11 of final acts or decisions of the Secretary of State under this

12 Section.

13 (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)

14 (625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)

15 Sec. 6-901. Definitions. For the purposes of this Article:

16 "Board" means the Driver's License Medical Advisory Board.

17 "Medical examiner" or "medical practitioner" means:

18 (i) any person licensed to practice medicine in all its

19 branches in the State of Illinois or any other state;

20 (ii) a licensed physician assistant; or

21 (iii) a licensed advanced practice registered nurse.

22 (Source: P.A. 99-173, eff. 7-29-15.)

23 (625 ILCS 5/11-501.01)

24 Sec. 11-501.01. Additional administrative sanctions.

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1 (a) After a finding of guilt and prior to any final

2 sentencing or an order for supervision, for an offense based

3 upon an arrest for a violation of Section 11-501 or a similar

4 provision of a local ordinance, individuals shall be required

5 to undergo a professional evaluation to determine if an

6 alcohol, drug, or intoxicating compound abuse problem exists

7 and the extent of the problem, and undergo the imposition of

8 treatment as appropriate. Programs conducting these

9 evaluations shall be licensed by the Department of Human

10 Services. The cost of any professional evaluation shall be paid

11 for by the individual required to undergo the professional

12 evaluation.

13 (b) Any person who is found guilty of or pleads guilty to

14 violating Section 11-501, including any person receiving a

15 disposition of court supervision for violating that Section,

16 may be required by the Court to attend a victim impact panel

17 offered by, or under contract with, a county State's Attorney's

18 office, a probation and court services department, Mothers

19 Against Drunk Driving, or the Alliance Against Intoxicated

20 Motorists. All costs generated by the victim impact panel shall

21 be paid from fees collected from the offender or as may be

22 determined by the court.

23 (c) Every person found guilty of violating Section 11-501,

24 whose operation of a motor vehicle while in violation of that

25 Section proximately caused any incident resulting in an

26 appropriate emergency response, shall be liable for the expense

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1 of an emergency response as provided in subsection (i) of this

2 Section.

3 (d) The Secretary of State shall revoke the driving

4 privileges of any person convicted under Section 11-501 or a

5 similar provision of a local ordinance.

6 (e) The Secretary of State shall require the use of

7 ignition interlock devices for a period not less than 5 years

8 on all vehicles owned by a person who has been convicted of a

9 second or subsequent offense of Section 11-501 or a similar

10 provision of a local ordinance. The person must pay to the

11 Secretary of State DUI Administration Fund an amount not to

12 exceed $30 for each month that he or she uses the device. The

13 Secretary shall establish by rule and regulation the procedures

14 for certification and use of the interlock system, the amount

15 of the fee, and the procedures, terms, and conditions relating

16 to these fees. During the time period in which a person is

17 required to install an ignition interlock device under this

18 subsection (e), that person shall only operate vehicles in

19 which ignition interlock devices have been installed, except as

20 allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of

21 this Code.

22 (f) In addition to any other penalties and liabilities, a

23 person who is found guilty of or pleads guilty to violating

24 Section 11-501, including any person placed on court

25 supervision for violating Section 11-501, shall be assessed

26 $750, payable to the circuit clerk, who shall distribute the

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1 money as follows: $350 to the law enforcement agency that made

2 the arrest, and $400 shall be forwarded to the State Treasurer

3 for deposit into the General Revenue Fund. If the person has

4 been previously convicted of violating Section 11-501 or a

5 similar provision of a local ordinance, the fine shall be

6 $1,000, and the circuit clerk shall distribute $200 to the law

7 enforcement agency that made the arrest and $800 to the State

8 Treasurer for deposit into the General Revenue Fund. In the

9 event that more than one agency is responsible for the arrest,

10 the amount payable to law enforcement agencies shall be shared

11 equally. Any moneys received by a law enforcement agency under

12 this subsection (f) shall be used for enforcement and

13 prevention of driving while under the influence of alcohol,

14 other drug or drugs, intoxicating compound or compounds or any

15 combination thereof, as defined by Section 11-501 of this Code,

16 including but not limited to the purchase of law enforcement

17 equipment and commodities that will assist in the prevention of

18 alcohol related criminal violence throughout the State; police

19 officer training and education in areas related to alcohol

20 related crime, including but not limited to DUI training; and

21 police officer salaries, including but not limited to salaries

22 for hire back funding for safety checkpoints, saturation

23 patrols, and liquor store sting operations. Any moneys received

24 by the Department of State Police under this subsection (f)

25 shall be deposited into the State Police DUI Fund and shall be

26 used to purchase law enforcement equipment that will assist in

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1 the prevention of alcohol related criminal violence throughout

2 the State.

3 (g) The Secretary of State Police DUI Fund is created as a

4 special fund in the State treasury. All moneys received by the

5 Secretary of State Police under subsection (f) of this Section

6 shall be deposited into the Secretary of State Police DUI Fund

7 and, subject to appropriation, shall be used for enforcement

8 and prevention of driving while under the influence of alcohol,

9 other drug or drugs, intoxicating compound or compounds or any

10 combination thereof, as defined by Section 11-501 of this Code,

11 including but not limited to the purchase of law enforcement

12 equipment and commodities to assist in the prevention of

13 alcohol related criminal violence throughout the State; police

14 officer training and education in areas related to alcohol

15 related crime, including but not limited to DUI training; and

16 police officer salaries, including but not limited to salaries

17 for hire back funding for safety checkpoints, saturation

18 patrols, and liquor store sting operations.

19 (h) Whenever an individual is sentenced for an offense

20 based upon an arrest for a violation of Section 11-501 or a

21 similar provision of a local ordinance, and the professional

22 evaluation recommends remedial or rehabilitative treatment or

23 education, neither the treatment nor the education shall be the

24 sole disposition and either or both may be imposed only in

25 conjunction with another disposition. The court shall monitor

26 compliance with any remedial education or treatment

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1 recommendations contained in the professional evaluation.

2 Programs conducting alcohol or other drug evaluation or

3 remedial education must be licensed by the Department of Human

4 Services. If the individual is not a resident of Illinois,

5 however, the court may accept an alcohol or other drug

6 evaluation or remedial education program in the individual's

7 state of residence. Programs providing treatment must be

8 licensed under existing applicable alcoholism and drug

9 treatment licensure standards.

10 (i) In addition to any other fine or penalty required by

11 law, an individual convicted of a violation of Section 11-501,

12 Section 5-7 of the Snowmobile Registration and Safety Act,

13 Section 5-16 of the Boat Registration and Safety Act, or a

14 similar provision, whose operation of a motor vehicle,

15 snowmobile, or watercraft while in violation of Section 11-501,

16 Section 5-7 of the Snowmobile Registration and Safety Act,

17 Section 5-16 of the Boat Registration and Safety Act, or a

18 similar provision proximately caused an incident resulting in

19 an appropriate emergency response, shall be required to make

20 restitution to a public agency for the costs of that emergency

21 response. The restitution may not exceed $1,000 per public

22 agency for each emergency response. As used in this subsection

23 (i), "emergency response" means any incident requiring a

24 response by a police officer, a firefighter carried on the

25 rolls of a regularly constituted fire department, or an

26 ambulance. With respect to funds designated for the Department

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1 of State Police, the moneys shall be remitted by the circuit

2 court clerk to the State Police within one month after receipt

3 for deposit into the State Police DUI Fund. With respect to

4 funds designated for the Department of Natural Resources, the

5 Department of Natural Resources shall deposit the moneys into

6 the Conservation Police Operations Assistance Fund.

7 (j) A person that is subject to a chemical test or tests of

8 blood under subsection (a) of Section 11-501.1 or subdivision

9 (c)(2) of Section 11-501.2 of this Code, whether or not that

10 person consents to testing, shall be liable for the expense up

11 to $500 for blood withdrawal by a physician authorized to

12 practice medicine, a licensed physician assistant, a licensed

13 advanced practice registered nurse, a registered nurse, a

14 trained phlebotomist, a licensed paramedic, or a qualified

15 person other than a police officer approved by the Department

16 of State Police to withdraw blood, who responds, whether at a

17 law enforcement facility or a health care facility, to a police

18 department request for the drawing of blood based upon refusal

19 of the person to submit to a lawfully requested breath test or

20 probable cause exists to believe the test would disclose the

21 ingestion, consumption, or use of drugs or intoxicating

22 compounds if:

23 (1) the person is found guilty of violating Section

24 11-501 of this Code or a similar provision of a local

25 ordinance; or

26 (2) the person pleads guilty to or stipulates to facts

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1 supporting a violation of Section 11-503 of this Code or a

2 similar provision of a local ordinance when the plea or

3 stipulation was the result of a plea agreement in which the

4 person was originally charged with violating Section

5 11-501 of this Code or a similar local ordinance.

6 (Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13;

7 98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;

8 99-642, eff. 7-28-16.)

9 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)

10 Sec. 11-501.2. Chemical and other tests.

11 (a) Upon the trial of any civil or criminal action or

12 proceeding arising out of an arrest for an offense as defined

13 in Section 11-501 or a similar local ordinance or proceedings

14 pursuant to Section 2-118.1, evidence of the concentration of

15 alcohol, other drug or drugs, or intoxicating compound or

16 compounds, or any combination thereof in a person's blood or

17 breath at the time alleged, as determined by analysis of the

18 person's blood, urine, breath, or other bodily substance, shall

19 be admissible. Where such test is made the following provisions

20 shall apply:

21 1. Chemical analyses of the person's blood, urine,

22 breath, or other bodily substance to be considered valid

23 under the provisions of this Section shall have been

24 performed according to standards promulgated by the

25 Department of State Police by a licensed physician,

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1 registered nurse, trained phlebotomist, licensed

2 paramedic, or other individual possessing a valid permit

3 issued by that Department for this purpose. The Director of

4 State Police is authorized to approve satisfactory

5 techniques or methods, to ascertain the qualifications and

6 competence of individuals to conduct such analyses, to

7 issue permits which shall be subject to termination or

8 revocation at the discretion of that Department and to

9 certify the accuracy of breath testing equipment. The

10 Department of State Police shall prescribe regulations as

11 necessary to implement this Section.

12 2. When a person in this State shall submit to a blood

13 test at the request of a law enforcement officer under the

14 provisions of Section 11-501.1, only a physician

15 authorized to practice medicine, a licensed physician

16 assistant, a licensed advanced practice registered nurse,

17 a registered nurse, trained phlebotomist, or licensed

18 paramedic, or other qualified person approved by the

19 Department of State Police may withdraw blood for the

20 purpose of determining the alcohol, drug, or alcohol and

21 drug content therein. This limitation shall not apply to

22 the taking of breath, other bodily substance, or urine

23 specimens.

24 When a blood test of a person who has been taken to an

25 adjoining state for medical treatment is requested by an

26 Illinois law enforcement officer, the blood may be

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1 withdrawn only by a physician authorized to practice

2 medicine in the adjoining state, a licensed physician

3 assistant, a licensed advanced practice registered nurse,

4 a registered nurse, a trained phlebotomist acting under the

5 direction of the physician, or licensed paramedic. The law

6 enforcement officer requesting the test shall take custody

7 of the blood sample, and the blood sample shall be analyzed

8 by a laboratory certified by the Department of State Police

9 for that purpose.

10 3. The person tested may have a physician, or a

11 qualified technician, chemist, registered nurse, or other

12 qualified person of their own choosing administer a

13 chemical test or tests in addition to any administered at

14 the direction of a law enforcement officer. The failure or

15 inability to obtain an additional test by a person shall

16 not preclude the admission of evidence relating to the test

17 or tests taken at the direction of a law enforcement

18 officer.

19 4. Upon the request of the person who shall submit to a

20 chemical test or tests at the request of a law enforcement

21 officer, full information concerning the test or tests

22 shall be made available to the person or such person's

23 attorney.

24 5. Alcohol concentration shall mean either grams of

25 alcohol per 100 milliliters of blood or grams of alcohol

26 per 210 liters of breath.

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1 6. Tetrahydrocannabinol concentration means either 5

2 nanograms or more of delta-9-tetrahydrocannabinol per

3 milliliter of whole blood or 10 nanograms or more of

4 delta-9-tetrahydrocannabinol per milliliter of other

5 bodily substance.

6 (a-5) Law enforcement officials may use standardized field

7 sobriety tests approved by the National Highway Traffic Safety

8 Administration when conducting investigations of a violation

9 of Section 11-501 or similar local ordinance by drivers

10 suspected of driving under the influence of cannabis. The

11 General Assembly finds that standardized field sobriety tests

12 approved by the National Highway Traffic Safety Administration

13 are divided attention tasks that are intended to determine if a

14 person is under the influence of cannabis. The purpose of these

15 tests is to determine the effect of the use of cannabis on a

16 person's capacity to think and act with ordinary care and

17 therefore operate a motor vehicle safely. Therefore, the

18 results of these standardized field sobriety tests,

19 appropriately administered, shall be admissible in the trial of

20 any civil or criminal action or proceeding arising out of an

21 arrest for a cannabis-related offense as defined in Section

22 11-501 or a similar local ordinance or proceedings under

23 Section 2-118.1 or 2-118.2. Where a test is made the following

24 provisions shall apply:

25 1. The person tested may have a physician, or a

26 qualified technician, chemist, registered nurse, or other

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1 qualified person of their own choosing administer a

2 chemical test or tests in addition to the standardized

3 field sobriety test or tests administered at the direction

4 of a law enforcement officer. The failure or inability to

5 obtain an additional test by a person does not preclude the

6 admission of evidence relating to the test or tests taken

7 at the direction of a law enforcement officer.

8 2. Upon the request of the person who shall submit to a

9 standardized field sobriety test or tests at the request of

10 a law enforcement officer, full information concerning the

11 test or tests shall be made available to the person or the

12 person's attorney.

13 3. At the trial of any civil or criminal action or

14 proceeding arising out of an arrest for an offense as

15 defined in Section 11-501 or a similar local ordinance or

16 proceedings under Section 2-118.1 or 2-118.2 in which the

17 results of these standardized field sobriety tests are

18 admitted, the cardholder may present and the trier of fact

19 may consider evidence that the card holder lacked the

20 physical capacity to perform the standardized field

21 sobriety tests.

22 (b) 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, the concentration

26 of alcohol in the person's blood or breath at the time alleged

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1 as shown by analysis of the person's blood, urine, breath, or

2 other bodily substance shall give rise to the following

3 presumptions:

4 1. If there was at that time an alcohol concentration

5 of 0.05 or less, it shall be presumed that the person was

6 not under the influence of alcohol.

7 2. If there was at that time an alcohol concentration

8 in excess of 0.05 but less than 0.08, such facts shall not

9 give rise to any presumption that the person was or was not

10 under the influence of alcohol, but such fact may be

11 considered with other competent evidence in determining

12 whether the person was under the influence of alcohol.

13 3. If there was at that time an alcohol concentration

14 of 0.08 or more, it shall be presumed that the person was

15 under the influence of alcohol.

16 4. The foregoing provisions of this Section shall not

17 be construed as limiting the introduction of any other

18 relevant evidence bearing upon the question whether the

19 person was under the influence of alcohol.

20 (b-5) Upon the trial of any civil or criminal action or

21 proceeding arising out of acts alleged to have been committed

22 by any person while driving or in actual physical control of a

23 vehicle while under the influence of alcohol, other drug or

24 drugs, intoxicating compound or compounds or any combination

25 thereof, the concentration of cannabis in the person's whole

26 blood or other bodily substance at the time alleged as shown by

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1 analysis of the person's blood or other bodily substance shall

2 give rise to the following presumptions:

3 1. If there was a tetrahydrocannabinol concentration

4 of 5 nanograms or more in whole blood or 10 nanograms or

5 more in an other bodily substance as defined in this

6 Section, it shall be presumed that the person was under the

7 influence of cannabis.

8 2. If there was at that time a tetrahydrocannabinol

9 concentration of less than 5 nanograms in whole blood or

10 less than 10 nanograms in an other bodily substance, such

11 facts shall not give rise to any presumption that the

12 person was or was not under the influence of cannabis, but

13 such fact may be considered with other competent evidence

14 in determining whether the person was under the influence

15 of cannabis.

16 (c) 1. If a person under arrest refuses to submit to a

17 chemical test under the provisions of Section 11-501.1,

18 evidence of refusal shall be admissible in any civil or

19 criminal action or proceeding arising out of acts alleged to

20 have been committed while the person under the influence of

21 alcohol, other drug or drugs, or intoxicating compound or

22 compounds, or any combination thereof was driving or in actual

23 physical control of a motor vehicle.

24 2. Notwithstanding any ability to refuse under this Code to

25 submit to these tests or any ability to revoke the implied

26 consent to these tests, if a law enforcement officer has

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1 probable cause to believe that a motor vehicle driven by or in

2 actual physical control of a person under the influence of

3 alcohol, other drug or drugs, or intoxicating compound or

4 compounds, or any combination thereof has caused the death or

5 personal injury to another, the law enforcement officer shall

6 request, and that person shall submit, upon the request of a

7 law enforcement officer, to a chemical test or tests of his or

8 her blood, breath, other bodily substance, or urine for the

9 purpose of determining the alcohol content thereof or the

10 presence of any other drug or combination of both.

11 This provision does not affect the applicability of or

12 imposition of driver's license sanctions under Section

13 11-501.1 of this Code.

14 3. For purposes of this Section, a personal injury includes

15 any Type A injury as indicated on the traffic accident report

16 completed by a law enforcement officer that requires immediate

17 professional attention in either a doctor's office or a medical

18 facility. A Type A injury includes severe bleeding wounds,

19 distorted extremities, and injuries that require the injured

20 party to be carried from the scene.

21 (d) If a person refuses standardized field sobriety tests

22 under Section 11-501.9 of this Code, evidence of refusal shall

23 be admissible in any civil or criminal action or proceeding

24 arising out of acts committed while the person was driving or

25 in actual physical control of a vehicle and alleged to have

26 been impaired by the use of cannabis.

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1 (e) Department of State Police compliance with the changes

2 in this amendatory Act of the 99th General Assembly concerning

3 testing of other bodily substances and tetrahydrocannabinol

4 concentration by Department of State Police laboratories is

5 subject to appropriation and until the Department of State

6 Police adopt standards and completion validation. Any

7 laboratories that test for the presence of cannabis or other

8 drugs under this Article, the Snowmobile Registration and

9 Safety Act, or the Boat Registration and Safety Act must comply

10 with ISO/IEC 17025:2005.

11 (Source: P.A. 98-122, eff. 1-1-14; 98-973, eff. 8-15-14;

12 98-1172, eff. 1-12-15; 99-697, eff. 7-29-16.)

13 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)

14 Sec. 11-501.6. Driver involvement in personal injury or

15 fatal motor vehicle accident; chemical test.

16 (a) Any person who drives or is in actual control of a

17 motor vehicle upon the public highways of this State and who

18 has been involved in a personal injury or fatal motor vehicle

19 accident, shall be deemed to have given consent to a breath

20 test using a portable device as approved by the Department of

21 State Police or to a chemical test or tests of blood, breath,

22 other bodily substance, or urine for the purpose of determining

23 the content of alcohol, other drug or drugs, or intoxicating

24 compound or compounds of such person's blood if arrested as

25 evidenced by the issuance of a Uniform Traffic Ticket for any

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1 violation of the Illinois Vehicle Code or a similar provision

2 of a local ordinance, with the exception of equipment

3 violations contained in Chapter 12 of this Code, or similar

4 provisions of local ordinances. The test or tests shall be

5 administered at the direction of the arresting officer. The law

6 enforcement agency employing the officer shall designate which

7 of the aforesaid tests shall be administered. Up to 2

8 additional tests of urine or other bodily substance may be

9 administered even after a blood or breath test or both has been

10 administered. Compliance with this Section does not relieve

11 such person from the requirements of Section 11-501.1 of this

12 Code.

13 (b) Any person who is dead, unconscious or who is otherwise

14 in a condition rendering such person incapable of refusal shall

15 be deemed not to have withdrawn the consent provided by

16 subsection (a) of this Section. In addition, if a driver of a

17 vehicle is receiving medical treatment as a result of a motor

18 vehicle accident, any physician licensed to practice medicine,

19 licensed physician assistant, licensed advanced practice

20 registered nurse, registered nurse or a phlebotomist acting

21 under the direction of a licensed physician shall withdraw

22 blood for testing purposes to ascertain the presence of

23 alcohol, other drug or drugs, or intoxicating compound or

24 compounds, upon the specific request of a law enforcement

25 officer. However, no such testing shall be performed until, in

26 the opinion of the medical personnel on scene, the withdrawal

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1 can be made without interfering with or endangering the

2 well-being of the patient.

3 (c) A person requested to submit to a test as provided

4 above shall be warned by the law enforcement officer requesting

5 the test that a refusal to submit to the test, or submission to

6 the test resulting in an alcohol concentration of 0.08 or more,

7 or testing discloses the presence of cannabis as listed in the

8 Cannabis Control Act with a tetrahydrocannabinol concentration

9 as defined in paragraph 6 of subsection (a) of Section 11-501.2

10 of this Code, or any amount of a drug, substance, or

11 intoxicating compound resulting from the unlawful use or

12 consumption of a controlled substance listed in the Illinois

13 Controlled Substances Act, an intoxicating compound listed in

14 the Use of Intoxicating Compounds Act, or methamphetamine as

15 listed in the Methamphetamine Control and Community Protection

16 Act as detected in such person's blood, other bodily substance,

17 or urine, may result in the suspension of such person's

18 privilege to operate a motor vehicle. If the person is also a

19 CDL holder, he or she shall be warned by the law enforcement

20 officer requesting the test that a refusal to submit to the

21 test, or submission to the test resulting in an alcohol

22 concentration of 0.08 or more, or any amount of a drug,

23 substance, or intoxicating compound resulting from the

24 unlawful use or consumption of cannabis, as covered by the

25 Cannabis Control Act, a controlled substance listed in the

26 Illinois Controlled Substances Act, an intoxicating compound

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1 listed in the Use of Intoxicating Compounds Act, or

2 methamphetamine as listed in the Methamphetamine Control and

3 Community Protection Act as detected in the person's blood,

4 other bodily substance, or urine, may result in the

5 disqualification of the person's privilege to operate a

6 commercial motor vehicle, as provided in Section 6-514 of this

7 Code. The length of the suspension shall be the same as

8 outlined in Section 6-208.1 of this Code regarding statutory

9 summary suspensions.

10 A person requested to submit to a test shall also

11 acknowledge, in writing, receipt of the warning required under

12 this Section. If the person refuses to acknowledge receipt of

13 the warning, the law enforcement officer shall make a written

14 notation on the warning that the person refused to sign the

15 warning. A person's refusal to sign the warning shall not be

16 evidence that the person was not read the warning.

17 (d) If the person refuses testing or submits to a test

18 which discloses an alcohol concentration of 0.08 or more, the

19 presence of cannabis as listed in the Cannabis Control Act with

20 a tetrahydrocannabinol concentration as defined in paragraph 6

21 of subsection (a) of Section 11-501.2 of this Code, or any

22 amount of a drug, substance, or intoxicating compound in such

23 person's blood or urine resulting from the unlawful use or

24 consumption of a controlled substance listed in the Illinois

25 Controlled Substances Act, an intoxicating compound listed in

26 the Use of Intoxicating Compounds Act, or methamphetamine as

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1 listed in the Methamphetamine Control and Community Protection

2 Act, the law enforcement officer shall immediately submit a

3 sworn report to the Secretary of State on a form prescribed by

4 the Secretary, certifying that the test or tests were requested

5 under subsection (a) and the person refused to submit to a test

6 or tests or submitted to testing which disclosed an alcohol

7 concentration of 0.08 or more, the presence of cannabis as

8 listed in the Cannabis Control Act with a tetrahydrocannabinol

9 concentration as defined in paragraph 6 of subsection (a) of

10 Section 11-501.2 of this Code, or any amount of a drug,

11 substance, or intoxicating compound in such person's blood,

12 other bodily substance, or urine, resulting from the unlawful

13 use or consumption of a controlled substance listed in the

14 Illinois Controlled Substances Act, an intoxicating compound

15 listed in the Use of Intoxicating Compounds Act, or

16 methamphetamine as listed in the Methamphetamine Control and

17 Community Protection Act. If the person is also a CDL holder

18 and refuses testing or submits to a test which discloses an

19 alcohol concentration of 0.08 or more, or any amount of a drug,

20 substance, or intoxicating compound in the person's blood,

21 other bodily substance, or urine resulting from the unlawful

22 use or consumption of cannabis listed in the Cannabis Control

23 Act, a controlled substance listed in the Illinois Controlled

24 Substances Act, an intoxicating compound listed in the Use of

25 Intoxicating Compounds Act, or methamphetamine as listed in the

26 Methamphetamine Control and Community Protection Act, the law

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1 enforcement officer shall immediately submit a sworn report to

2 the Secretary of State on a form prescribed by the Secretary,

3 certifying that the test or tests were requested under

4 subsection (a) and the person refused to submit to a test or

5 tests or submitted to testing which disclosed an alcohol

6 concentration of 0.08 or more, or any amount of a drug,

7 substance, or intoxicating compound in such person's blood,

8 other bodily substance, or urine, resulting from the unlawful

9 use or consumption of cannabis listed in the Cannabis Control

10 Act, a controlled substance listed in the Illinois Controlled

11 Substances Act, an intoxicating compound listed in the Use of

12 Intoxicating Compounds Act, or methamphetamine as listed in the

13 Methamphetamine Control and Community Protection Act.

14 Upon receipt of the sworn report of a law enforcement

15 officer, the Secretary shall enter the suspension and

16 disqualification to the individual's driving record and the

17 suspension and disqualification shall be effective on the 46th

18 day following the date notice of the suspension was given to

19 the person.

20 The law enforcement officer submitting the sworn report

21 shall serve immediate notice of this suspension on the person

22 and such suspension and disqualification shall be effective on

23 the 46th day following the date notice was given.

24 In cases involving a person who is not a CDL holder where

25 the blood alcohol concentration of 0.08 or more, or blood

26 testing discloses the presence of cannabis as listed in the

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1 Cannabis Control Act with a tetrahydrocannabinol concentration

2 as defined in paragraph 6 of subsection (a) of Section 11-501.2

3 of this Code, or any amount of a drug, substance, or

4 intoxicating compound resulting from the unlawful use or

5 consumption of a controlled substance listed in the Illinois

6 Controlled Substances Act, an intoxicating compound listed in

7 the Use of Intoxicating Compounds Act, or methamphetamine as

8 listed in the Methamphetamine Control and Community Protection

9 Act, is established by a subsequent analysis of blood, other

10 bodily substance, or urine collected at the time of arrest, the

11 arresting officer shall give notice as provided in this Section

12 or by deposit in the United States mail of such notice in an

13 envelope with postage prepaid and addressed to such person at

14 his or her address as shown on the Uniform Traffic Ticket and

15 the suspension shall be effective on the 46th day following the

16 date notice was given.

17 In cases involving a person who is a CDL holder where the

18 blood alcohol concentration of 0.08 or more, or any amount of a

19 drug, substance, or intoxicating compound resulting from the

20 unlawful use or consumption of cannabis as listed in the

21 Cannabis Control Act, a controlled substance listed in the

22 Illinois Controlled Substances Act, an intoxicating compound

23 listed in the Use of Intoxicating Compounds Act, or

24 methamphetamine as listed in the Methamphetamine Control and

25 Community Protection Act, is established by a subsequent

26 analysis of blood, other bodily substance, or urine collected

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1 at the time of arrest, the arresting officer shall give notice

2 as provided in this Section or by deposit in the United States

3 mail of such notice in an envelope with postage prepaid and

4 addressed to the person at his or her address as shown on the

5 Uniform Traffic Ticket and the suspension and disqualification

6 shall be effective on the 46th day following the date notice

7 was given.

8 Upon receipt of the sworn report of a law enforcement

9 officer, the Secretary shall also give notice of the suspension

10 and disqualification to the driver by mailing a notice of the

11 effective date of the suspension and disqualification to the

12 individual. However, should the sworn report be defective by

13 not containing sufficient information or be completed in error,

14 the notice of the suspension and disqualification shall not be

15 mailed to the person or entered to the driving record, but

16 rather the sworn report shall be returned to the issuing law

17 enforcement agency.

18 (e) A driver may contest this suspension of his or her

19 driving privileges and disqualification of his or her CDL

20 privileges by requesting an administrative hearing with the

21 Secretary in accordance with Section 2-118 of this Code. At the

22 conclusion of a hearing held under Section 2-118 of this Code,

23 the Secretary may rescind, continue, or modify the orders of

24 suspension and disqualification. If the Secretary does not

25 rescind the orders of suspension and disqualification, a

26 restricted driving permit may be granted by the Secretary upon

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1 application being made and good cause shown. A restricted

2 driving permit may be granted to relieve undue hardship to

3 allow driving for employment, educational, and medical

4 purposes as outlined in Section 6-206 of this Code. The

5 provisions of Section 6-206 of this Code shall apply. In

6 accordance with 49 C.F.R. 384, the Secretary of State may not

7 issue a restricted driving permit for the operation of a

8 commercial motor vehicle to a person holding a CDL whose

9 driving privileges have been suspended, revoked, cancelled, or

10 disqualified.

11 (f) (Blank).

12 (g) For the purposes of this Section, a personal injury

13 shall include any type A injury as indicated on the traffic

14 accident report completed by a law enforcement officer that

15 requires immediate professional attention in either a doctor's

16 office or a medical facility. A type A injury shall include

17 severely bleeding wounds, distorted extremities, and injuries

18 that require the injured party to be carried from the scene.

19 (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)

20 (625 ILCS 5/11-501.8)

21 Sec. 11-501.8. Suspension of driver's license; persons

22 under age 21.

23 (a) A person who is less than 21 years of age and who

24 drives or is in actual physical control of a motor vehicle upon

25 the public highways of this State shall be deemed to have given

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1 consent to a chemical test or tests of blood, breath, other

2 bodily substance, or urine for the purpose of determining the

3 alcohol content of the person's blood if arrested, as evidenced

4 by the issuance of a Uniform Traffic Ticket for any violation

5 of the Illinois Vehicle Code or a similar provision of a local

6 ordinance, if a police officer has probable cause to believe

7 that the driver has consumed any amount of an alcoholic

8 beverage based upon evidence of the driver's physical condition

9 or other first hand knowledge of the police officer. The test

10 or tests shall be administered at the direction of the

11 arresting officer. The law enforcement agency employing the

12 officer shall designate which of the aforesaid tests shall be

13 administered. Up to 2 additional tests of urine or other bodily

14 substance may be administered even after a blood or breath test

15 or both has been administered.

16 (b) A person who is dead, unconscious, or who is otherwise

17 in a condition rendering that person incapable of refusal,

18 shall be deemed not to have withdrawn the consent provided by

19 paragraph (a) of this Section and the test or tests may be

20 administered subject to the following provisions:

21 (i) Chemical analysis of the person's blood, urine,

22 breath, or other bodily substance, to be considered valid

23 under the provisions of this Section, shall have been

24 performed according to standards promulgated by the

25 Department of State Police by an individual possessing a

26 valid permit issued by that Department for this purpose.

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1 The Director of State Police is authorized to approve

2 satisfactory techniques or methods, to ascertain the

3 qualifications and competence of individuals to conduct

4 analyses, to issue permits that shall be subject to

5 termination or revocation at the direction of that

6 Department, and to certify the accuracy of breath testing

7 equipment. The Department of State Police shall prescribe

8 regulations as necessary.

9 (ii) When a person submits to a blood test at the

10 request of a law enforcement officer under the provisions

11 of this Section, only a physician authorized to practice

12 medicine, a licensed physician assistant, a licensed

13 advanced practice registered nurse, a registered nurse, or

14 other qualified person trained in venipuncture and acting

15 under the direction of a licensed physician may withdraw

16 blood for the purpose of determining the alcohol content

17 therein. This limitation does not apply to the taking of

18 breath, other bodily substance, or urine specimens.

19 (iii) The person tested may have a physician, qualified

20 technician, chemist, registered nurse, or other qualified

21 person of his or her own choosing administer a chemical

22 test or tests in addition to any test or tests administered

23 at the direction of a law enforcement officer. The failure

24 or inability to obtain an additional test by a person shall

25 not preclude the consideration of the previously performed

26 chemical test.

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1 (iv) Upon a request of the person who submits to a

2 chemical test or tests at the request of a law enforcement

3 officer, full information concerning the test or tests

4 shall be made available to the person or that person's

5 attorney.

6 (v) Alcohol concentration means either grams of

7 alcohol per 100 milliliters of blood or grams of alcohol

8 per 210 liters of breath.

9 (vi) If a driver is receiving medical treatment as a

10 result of a motor vehicle accident, a physician licensed to

11 practice medicine, licensed physician assistant, licensed

12 advanced practice registerednurse, registered nurse, or

13 other qualified person trained in venipuncture and acting

14 under the direction of a licensed physician shall withdraw

15 blood for testing purposes to ascertain the presence of

16 alcohol upon the specific request of a law enforcement

17 officer. However, that testing shall not be performed

18 until, in the opinion of the medical personnel on scene,

19 the withdrawal can be made without interfering with or

20 endangering the well-being of the patient.

21 (c) A person requested to submit to a test as provided

22 above shall be warned by the law enforcement officer requesting

23 the test that a refusal to submit to the test, or submission to

24 the test resulting in an alcohol concentration of more than

25 0.00, may result in the loss of that person's privilege to

26 operate a motor vehicle and may result in the disqualification

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1 of the person's privilege to operate a commercial motor

2 vehicle, as provided in Section 6-514 of this Code, if the

3 person is a CDL holder. The loss of driving privileges shall be

4 imposed in accordance with Section 6-208.2 of this Code.

5 A person requested to submit to a test shall also

6 acknowledge, in writing, receipt of the warning required under

7 this Section. If the person refuses to acknowledge receipt of

8 the warning, the law enforcement officer shall make a written

9 notation on the warning that the person refused to sign the

10 warning. A person's refusal to sign the warning shall not be

11 evidence that the person was not read the warning.

12 (d) If the person refuses testing or submits to a test that

13 discloses an alcohol concentration of more than 0.00, the law

14 enforcement officer shall immediately submit a sworn report to

15 the Secretary of State on a form prescribed by the Secretary of

16 State, certifying that the test or tests were requested under

17 subsection (a) and the person refused to submit to a test or

18 tests or submitted to testing which disclosed an alcohol

19 concentration of more than 0.00. The law enforcement officer

20 shall submit the same sworn report when a person under the age

21 of 21 submits to testing under Section 11-501.1 of this Code

22 and the testing discloses an alcohol concentration of more than

23 0.00 and less than 0.08.

24 Upon receipt of the sworn report of a law enforcement

25 officer, the Secretary of State shall enter the suspension and

26 disqualification on the individual's driving record and the

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1 suspension and disqualification shall be effective on the 46th

2 day following the date notice of the suspension was given to

3 the person. If this suspension is the individual's first

4 driver's license suspension under this Section, reports

5 received by the Secretary of State under this Section shall,

6 except during the time the suspension is in effect, be

7 privileged information and for use only by the courts, police

8 officers, prosecuting authorities, the Secretary of State, or

9 the individual personally, unless the person is a CDL holder,

10 is operating a commercial motor vehicle or vehicle required to

11 be placarded for hazardous materials, in which case the

12 suspension shall not be privileged. Reports received by the

13 Secretary of State under this Section shall also be made

14 available to the parent or guardian of a person under the age

15 of 18 years that holds an instruction permit or a graduated

16 driver's license, regardless of whether the suspension is in

17 effect.

18 The law enforcement officer submitting the sworn report

19 shall serve immediate notice of this suspension on the person

20 and the suspension and disqualification shall be effective on

21 the 46th day following the date notice was given.

22 In cases where the blood alcohol concentration of more than

23 0.00 is established by a subsequent analysis of blood, other

24 bodily substance, or urine, the police officer or arresting

25 agency shall give notice as provided in this Section or by

26 deposit in the United States mail of that notice in an envelope

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1 with postage prepaid and addressed to that person at his last

2 known address and the loss of driving privileges shall be

3 effective on the 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 driver by mailing a

7 notice of the effective date of the suspension and

8 disqualification to the individual. 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 driver may contest this suspension and

15 disqualification by requesting an administrative hearing with

16 the Secretary of State in accordance with Section 2-118 of this

17 Code. An individual whose blood alcohol concentration is shown

18 to be more than 0.00 is not subject to this Section if he or she

19 consumed alcohol in the performance of a religious service or

20 ceremony. An individual whose blood alcohol concentration is

21 shown to be more than 0.00 shall not be subject to this Section

22 if the individual's blood alcohol concentration resulted only

23 from ingestion of the prescribed or recommended dosage of

24 medicine that contained alcohol. The petition for that hearing

25 shall not stay or delay the effective date of the impending

26 suspension. The scope of this hearing shall be limited to the

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1 issues of:

2 (1) whether the police officer had probable cause to

3 believe that the person was driving or in actual physical

4 control of a motor vehicle upon the public highways of the

5 State and the police officer had reason to believe that the

6 person was in violation of any provision of the Illinois

7 Vehicle Code or a similar provision of a local ordinance;

8 and

9 (2) whether the person was issued a Uniform Traffic

10 Ticket for any violation of the Illinois Vehicle Code or a

11 similar provision of a local ordinance; and

12 (3) whether the police officer had probable cause to

13 believe that the driver had consumed any amount of an

14 alcoholic beverage based upon the driver's physical

15 actions or other first-hand knowledge of the police

16 officer; and

17 (4) whether the person, after being advised by the

18 officer that the privilege to operate a motor vehicle would

19 be suspended if the person refused to submit to and

20 complete the test or tests, did refuse to submit to or

21 complete the test or tests to determine the person's

22 alcohol concentration; and

23 (5) whether the person, after being advised by the

24 officer that the privileges to operate a motor vehicle

25 would be suspended if the person submits to a chemical test

26 or tests and the test or tests disclose an alcohol

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1 concentration of more than 0.00, did submit to and complete

2 the test or tests that determined an alcohol concentration

3 of more than 0.00; and

4 (6) whether the test result of an alcohol concentration

5 of more than 0.00 was based upon the person's consumption

6 of alcohol in the performance of a religious service or

7 ceremony; and

8 (7) whether the test result of an alcohol concentration

9 of more than 0.00 was based upon the person's consumption

10 of alcohol through ingestion of the prescribed or

11 recommended dosage of medicine.

12 At the conclusion of the hearing held under Section 2-118

13 of this Code, the Secretary of State may rescind, continue, or

14 modify the suspension and disqualification. If the Secretary of

15 State does not rescind the suspension and disqualification, a

16 restricted driving permit may be granted by the Secretary of

17 State upon application being made and good cause shown. A

18 restricted driving permit may be granted to relieve undue

19 hardship by allowing driving for employment, educational, and

20 medical purposes as outlined in item (3) of part (c) of Section

21 6-206 of this Code. The provisions of item (3) of part (c) of

22 Section 6-206 of this Code and of subsection (f) of that

23 Section shall apply. The Secretary of State shall promulgate

24 rules providing for participation in an alcohol education and

25 awareness program or activity, a drug education and awareness

26 program or activity, or both as a condition to the issuance of

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1 a restricted driving permit for suspensions imposed under this

2 Section.

3 (f) The results of any chemical testing performed in

4 accordance with subsection (a) of this Section are not

5 admissible in any civil or criminal proceeding, except that the

6 results of the testing may be considered at a hearing held

7 under Section 2-118 of this Code. However, the results of the

8 testing may not be used to impose driver's license sanctions

9 under Section 11-501.1 of this Code. A law enforcement officer

10 may, however, pursue a statutory summary suspension or

11 revocation of driving privileges under Section 11-501.1 of this

12 Code if other physical evidence or first hand knowledge forms

13 the basis of that suspension or revocation.

14 (g) This Section applies only to drivers who are under age

15 21 at the time of the issuance of a Uniform Traffic Ticket for

16 a violation of the Illinois Vehicle Code or a similar provision

17 of a local ordinance, and a chemical test request is made under

18 this Section.

19 (h) The action of the Secretary of State in suspending,

20 revoking, cancelling, or disqualifying any license or permit

21 shall be subject to judicial review in the Circuit Court of

22 Sangamon County or in the Circuit Court of Cook County, and the

23 provisions of the Administrative Review Law and its rules are

24 hereby adopted and shall apply to and govern every action for

25 the judicial review of final acts or decisions of the Secretary

26 of State under this Section.

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1 (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)

2 (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)

3 Sec. 11-1301.2. Special decals for parking; persons with

4 disabilities.

5 (a) The Secretary of State shall provide for, by

6 administrative rules, the design, size, color, and placement of

7 a person with disabilities motorist decal or device and shall

8 provide for, by administrative rules, the content and form of

9 an application for a person with disabilities motorist decal or

10 device, which shall be used by local authorities in the

11 issuance thereof to a person with temporary disabilities,

12 provided that the decal or device is valid for no more than 90

13 days, subject to renewal for like periods based upon continued

14 disability, and further provided that the decal or device

15 clearly sets forth the date that the decal or device expires.

16 The application shall include the requirement of an Illinois

17 Identification Card number or a State of Illinois driver's

18 license number. This decal or device may be used by the

19 authorized holder to designate and identify a vehicle not owned

20 or displaying a registration plate as provided in Sections

21 3-609 and 3-616 of this Act to designate when the vehicle is

22 being used to transport said person or persons with

23 disabilities, and thus is entitled to enjoy all the privileges

24 that would be afforded a person with disabilities licensed

25 vehicle. Person with disabilities decals or devices issued and

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1 displayed pursuant to this Section shall be recognized and

2 honored by all local authorities regardless of which local

3 authority issued such decal or device.

4 The decal or device shall be issued only upon a showing by

5 adequate documentation that the person for whose benefit the

6 decal or device is to be used has a disability as defined in

7 Section 1-159.1 of this Code and the disability is temporary.

8 (b) The local governing authorities shall be responsible

9 for the provision of such decal or device, its issuance and

10 designated placement within the vehicle. The cost of such decal

11 or device shall be at the discretion of such local governing

12 authority.

13 (c) The Secretary of State may, pursuant to Section

14 3-616(c), issue a person with disabilities parking decal or

15 device to a person with disabilities as defined by Section

16 1-159.1. Any person with disabilities parking decal or device

17 issued by the Secretary of State shall be registered to that

18 person with disabilities in the form to be prescribed by the

19 Secretary of State. The person with disabilities parking decal

20 or device shall not display that person's address. One

21 additional decal or device may be issued to an applicant upon

22 his or her written request and with the approval of the

23 Secretary of State. The written request must include a

24 justification of the need for the additional decal or device.

25 (c-5) Beginning January 1, 2014, the Secretary shall

26 provide by administrative rule for the issuance of a separate

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1 and distinct parking decal or device for persons with

2 disabilities as defined by Section 1-159.1 of this Code and who

3 meet the qualifications under this subsection. The authorized

4 holder of a decal or device issued under this subsection (c-5)

5 shall be exempt from the payment of fees generated by parking

6 in a metered space, a parking area subject to paragraph (10) of

7 subsection (a) of Section 11-209 of this Code, or a publicly

8 owned parking area.

9 The Secretary shall issue a meter-exempt decal or device to

10 a person with disabilities who: (i) has been issued

11 registration plates under subsection (a) of Section 3-609 or

12 Section 3-616 of this Code or a special decal or device under

13 this Section, (ii) holds a valid Illinois driver's license, and

14 (iii) is unable to do one or more of the following:

15 (1) manage, manipulate, or insert coins, or obtain

16 tickets or tokens in parking meters or ticket machines in

17 parking lots, due to the lack of fine motor control of both

18 hands;

19 (2) reach above his or her head to a height of 42

20 inches from the ground, due to a lack of finger, hand, or

21 upper extremity strength or mobility;

22 (3) approach a parking meter due to his or her use of a

23 wheelchair or other device for mobility; or

24 (4) walk more than 20 feet due to an orthopedic,

25 neurological, cardiovascular, or lung condition in which

26 the degree of debilitation is so severe that it almost

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1 completely impedes the ability to walk.

2 The application for a meter-exempt parking decal or device

3 shall contain a statement certified by a licensed physician,

4 physician assistant, or advanced practice registered nurse

5 attesting to the permanent nature of the applicant's condition

6 and verifying that the applicant meets the physical

7 qualifications specified in this subsection (c-5).

8 Notwithstanding the requirements of this subsection (c-5),

9 the Secretary shall issue a meter-exempt decal or device to a

10 person who has been issued registration plates under Section

11 3-616 of this Code or a special decal or device under this

12 Section, if the applicant is the parent or guardian of a person

13 with disabilities who is under 18 years of age and incapable of

14 driving.

15 (d) Replacement decals or devices may be issued for lost,

16 stolen, or destroyed decals upon application and payment of a

17 $10 fee. The replacement fee may be waived for individuals that

18 have claimed and received a grant under the Senior Citizens and

19 Persons with Disabilities Property Tax Relief Act.

20 (e) A person classified as a veteran under subsection (e)

21 of Section 6-106 of this Code that has been issued a decal or

22 device under this Section shall not be required to submit

23 evidence of disability in order to renew that decal or device

24 if, at the time of initial application, he or she submitted

25 evidence from his or her physician or the Department of

26 Veterans' Affairs that the disability is of a permanent nature.

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1 However, the Secretary shall take reasonable steps to ensure

2 the veteran still resides in this State at the time of the

3 renewal. These steps may include requiring the veteran to

4 provide additional documentation or to appear at a Secretary of

5 State facility. To identify veterans who are eligible for this

6 exemption, the Secretary shall compare the list of the persons

7 who have been issued a decal or device to the list of persons

8 who have been issued a vehicle registration plate for veterans

9 with disabilities under Section 3-609 of this Code, or who are

10 identified as a veteran on their driver's license under Section

11 6-110 of this Code or on their identification card under

12 Section 4 of the Illinois Identification Card Act.

13 (Source: P.A. 98-463, eff. 8-16-13; 98-577, eff. 1-1-14;

14 98-879, eff. 1-1-15; 99-143, eff. 7-27-15.)

15 (625 ILCS 5/11-1301.5)

16 Sec. 11-1301.5. Fictitious or unlawfully altered

17 disability license plate or parking decal or device.

18 (a) As used in this Section:

19 "Fictitious disability license plate or parking decal or

20 device" means any issued disability license plate or parking

21 decal or device, or any license plate issued to a veteran with

22 a disability under Section 3-609 of this Code, that has been

23 issued by the Secretary of State or an authorized unit of local

24 government that was issued based upon false information

25 contained on the required application.

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1 "False information" means any incorrect or inaccurate

2 information concerning the name, date of birth, social security

3 number, driver's license number, physician certification, or

4 any other information required on the Persons with Disabilities

5 Certification for Plate or Parking Placard, on the Application

6 for Replacement Disability Parking Placard, or on the

7 application for license plates issued to veterans with

8 disabilities under Section 3-609 of this Code, that falsifies

9 the content of the application.

10 "Unlawfully altered disability license plate or parking

11 permit or device" means any disability license plate or parking

12 permit or device, or any license plate issued to a veteran with

13 a disability under Section 3-609 of this Code, issued by the

14 Secretary of State or an authorized unit of local government

15 that has been physically altered or changed in such manner that

16 false information appears on the license plate or parking decal

17 or device.

18 "Authorized holder" means an individual issued a

19 disability license plate under Section 3-616 of this Code or an

20 individual issued a parking decal or device under Section

21 11-1301.2 of this Code, or an individual issued a license plate

22 for veterans with disabilities under Section 3-609 of this

23 Code.

24 (b) It is a violation of this Section for any person:

25 (1) to knowingly possess any fictitious or unlawfully

26 altered disability license plate or parking decal or

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1 device;

2 (2) to knowingly issue or assist in the issuance of, by

3 the Secretary of State or unit of local government, any

4 fictitious disability license plate or parking decal or

5 device;

6 (3) to knowingly alter any disability license plate or

7 parking decal or device;

8 (4) to knowingly manufacture, possess, transfer, or

9 provide any documentation used in the application process

10 whether real or fictitious, for the purpose of obtaining a

11 fictitious disability license plate or parking decal or

12 device;

13 (5) to knowingly provide any false information to the

14 Secretary of State or a unit of local government in order

15 to obtain a disability license plate or parking decal or

16 device;

17 (6) to knowingly transfer a disability license plate or

18 parking decal or device for the purpose of exercising the

19 privileges granted to an authorized holder of a disability

20 license plate or parking decal or device under this Code in

21 the absence of the authorized holder; or

22 (7) who is a physician, physician assistant, or

23 advanced practice registered nurse to knowingly falsify a

24 certification that a person is a person with disabilities

25 as defined by Section 1-159.1 of this Code.

26 (c) Sentence.

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1 (1) Any person convicted of a violation of paragraph

2 (1), (2), (3), (4), (5), or (7) of subsection (b) of this

3 Section shall be guilty of a Class A misdemeanor and fined

4 not less than $1,000 for a first offense and shall be

5 guilty of a Class 4 felony and fined not less than $2,000

6 for a second or subsequent offense. Any person convicted of

7 a violation of subdivision (b)(6) of this Section is guilty

8 of a Class A misdemeanor and shall be fined not less than

9 $1,000 for a first offense and not less than $2,000 for a

10 second or subsequent offense. The circuit clerk shall

11 distribute one-half of any fine imposed on any person who

12 is found guilty of or pleads guilty to violating this

13 Section, including any person placed on court supervision

14 for violating this Section, to the law enforcement agency

15 that issued the citation or made the arrest. If more than

16 one law enforcement agency is responsible for issuing the

17 citation or making the arrest, one-half of the fine imposed

18 shall be shared equally.

19 (2) Any person who commits a violation of this Section

20 or a similar provision of a local ordinance may have his or

21 her driving privileges suspended or revoked by the

22 Secretary of State for a period of time determined by the

23 Secretary of State. The Secretary of State may suspend or

24 revoke the parking decal or device or the disability

25 license plate of any person who commits a violation of this

26 Section.

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1 (3) Any police officer may seize the parking decal or

2 device from any person who commits a violation of this

3 Section. Any police officer may seize the disability

4 license plate upon authorization from the Secretary of

5 State. Any police officer may request that the Secretary of

6 State revoke the parking decal or device or the disability

7 license plate of any person who commits a violation of this

8 Section.

9 (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)

10 Section 310. The Boat Registration and Safety Act is

11 amended by changing Section 5-16c as follows:

12 (625 ILCS 45/5-16c)

13 Sec. 5-16c. Operator involvement in personal injury or

14 fatal boating accident; chemical tests.

15 (a) Any person who operates or is in actual physical

16 control of a motorboat within this State and who has been

17 involved in a personal injury or fatal boating accident shall

18 be deemed to have given consent to a breath test using a

19 portable device as approved by the Department of State Police

20 or to a chemical test or tests of blood, breath, other bodily

21 substance, or urine for the purpose of determining the content

22 of alcohol, other drug or drugs, or intoxicating compound or

23 compounds of the person's blood if arrested as evidenced by the

24 issuance of a uniform citation for a violation of the Boat

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1 Registration and Safety Act or a similar provision of a local

2 ordinance, with the exception of equipment violations

3 contained in Article IV of this Act or similar provisions of

4 local ordinances. The test or tests shall be administered at

5 the direction of the arresting officer. The law enforcement

6 agency employing the officer shall designate which of the

7 aforesaid tests shall be administered. Up to 2 additional tests

8 of urine or other bodily substance may be administered even

9 after a blood or breath test or both has been administered.

10 Compliance with this Section does not relieve the person from

11 the requirements of any other Section of this Act.

12 (b) Any person who is dead, unconscious, or who is

13 otherwise in a condition rendering that person incapable of

14 refusal shall be deemed not to have withdrawn the consent

15 provided by subsection (a) of this Section. In addition, if an

16 operator of a motorboat is receiving medical treatment as a

17 result of a boating accident, any physician licensed to

18 practice medicine, licensed physician assistant, licensed

19 advanced practice registered nurse, registered nurse, or a

20 phlebotomist acting under the direction of a licensed physician

21 shall withdraw blood for testing purposes to ascertain the

22 presence of alcohol, other drug or drugs, or intoxicating

23 compound or compounds, upon the specific request of a law

24 enforcement officer. However, this testing shall not be

25 performed until, in the opinion of the medical personnel on

26 scene, the withdrawal can be made without interfering with or

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1 endangering the well-being of the patient.

2 (c) A person who is a CDL holder requested to submit to a

3 test under subsection (a) of this Section shall be warned by

4 the law enforcement officer requesting the test that a refusal

5 to submit to the test, or submission to the test resulting in

6 an alcohol concentration of 0.08 or more, or any amount of a

7 drug, substance, or intoxicating compound resulting from the

8 unlawful use or consumption of cannabis listed in the Cannabis

9 Control Act, a controlled substance listed in the Illinois

10 Controlled Substances Act, an intoxicating compound listed in

11 the Use of Intoxicating Compounds Act, or methamphetamine as

12 listed in the Methamphetamine Control and Community Protection

13 Act as detected in the person's blood, other bodily substance,

14 or urine, may result in the suspension of the person's

15 privilege to operate a motor vehicle and may result in the

16 disqualification of the person's privilege to operate a

17 commercial motor vehicle, as provided in Section 6-514 of the

18 Illinois Vehicle Code. A person who is not a CDL holder

19 requested to submit to a test under subsection (a) of this

20 Section shall be warned by the law enforcement officer

21 requesting the test that a refusal to submit to the test, or

22 submission to the test resulting in an alcohol concentration of

23 0.08 or more, a tetrahydrocannabinol concentration in the

24 person's whole blood or other bodily substance as defined in

25 paragraph 6 of subsection (a) of Section 11-501.2 of the

26 Illinois Vehicle Code, or any amount of a drug, substance, or

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1 intoxicating compound resulting from the unlawful use or

2 consumption of a controlled substance listed in the Illinois

3 Controlled Substances Act, an intoxicating compound listed in

4 the Use of Intoxicating Compounds Act, or methamphetamine as

5 listed in the Methamphetamine Control and Community Protection

6 Act as detected in the person's blood, other bodily substance,

7 or urine, may result in the suspension of the person's

8 privilege to operate a motor vehicle. The length of the

9 suspension shall be the same as outlined in Section 6-208.1 of

10 the Illinois Vehicle Code regarding statutory summary

11 suspensions.

12 (d) If the person is a CDL holder and refuses testing or

13 submits to a test which discloses an alcohol concentration of

14 0.08 or more, or any amount of a drug, substance, or

15 intoxicating compound in the person's blood, other bodily

16 substance, or urine resulting from the unlawful use or

17 consumption of cannabis listed in the Cannabis Control Act, a

18 controlled substance listed in the Illinois Controlled

19 Substances Act, an intoxicating compound listed in the Use of

20 Intoxicating Compounds Act, or methamphetamine as listed in the

21 Methamphetamine Control and Community Protection Act, the law

22 enforcement officer shall immediately submit a sworn report to

23 the Secretary of State on a form prescribed by the Secretary of

24 State, certifying that the test or tests were requested under

25 subsection (a) of this Section and the person refused to submit

26 to a test or tests or submitted to testing which disclosed an

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1 alcohol concentration of 0.08 or more, or any amount of a drug,

2 substance, or intoxicating compound in the person's blood,

3 other bodily substance, or urine, resulting from the unlawful

4 use or consumption of cannabis listed in the Cannabis Control

5 Act, a controlled substance listed in the Illinois Controlled

6 Substances Act, an intoxicating compound listed in the Use of

7 Intoxicating Compounds Act, or methamphetamine as listed in the

8 Methamphetamine Control and Community Protection Act. If the

9 person is not a CDL holder and refuses testing or submits to a

10 test which discloses an alcohol concentration of 0.08 or more,

11 a tetrahydrocannabinol concentration in the person's whole

12 blood or other bodily substance as defined in paragraph 6 of

13 subsection (a) of Section 11-501.2 of the Illinois Vehicle

14 Code, or any amount of a drug, substance, or intoxicating

15 compound in the person's blood, other bodily substance, or

16 urine resulting from the unlawful use or consumption of a

17 controlled substance listed in the Illinois Controlled

18 Substances Act, an intoxicating compound listed in the Use of

19 Intoxicating Compounds Act, or methamphetamine as listed in the

20 Methamphetamine Control and Community Protection Act, the law

21 enforcement officer shall immediately submit a sworn report to

22 the Secretary of State on a form prescribed by the Secretary of

23 State, certifying that the test or tests were requested under

24 subsection (a) of this Section and the person refused to submit

25 to a test or tests or submitted to testing which disclosed an

26 alcohol concentration of 0.08 or more, a tetrahydrocannabinol

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1 concentration in the person's whole blood or other bodily

2 substance as defined in paragraph 6 of subsection (a) of

3 Section 11-501.2 of the Illinois Vehicle Code, or any amount of

4 a drug, substance, or intoxicating compound in the person's

5 blood or urine, resulting from the unlawful use or consumption

6 of a controlled substance listed in the Illinois Controlled

7 Substances Act, an intoxicating compound listed in the Use of

8 Intoxicating Compounds Act, or methamphetamine as listed in the

9 Methamphetamine Control and Community Protection Act.

10 Upon receipt of the sworn report of a law enforcement

11 officer, the Secretary of State shall enter the suspension and

12 disqualification to the person's driving record and the

13 suspension and disqualification shall be effective on the 46th

14 day following the date notice of the suspension was given to

15 the person.

16 The law enforcement officer submitting the sworn report

17 shall serve immediate notice of this suspension on the person

18 and this suspension and disqualification shall be effective on

19 the 46th day following the date notice was given.

20 In cases involving a person who is a CDL holder where the

21 blood alcohol concentration of 0.08 or more, or any amount of a

22 drug, substance, or intoxicating compound resulting from the

23 unlawful use or consumption of cannabis listed in the Cannabis

24 Control Act, a controlled substance listed in the Illinois

25 Controlled Substances Act, an intoxicating compound listed in

26 the Use of Intoxicating Compounds Act, or methamphetamine as

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1 listed in the Methamphetamine Control and Community Protection

2 Act, is established by a subsequent analysis of blood, other

3 bodily substance, or urine collected at the time of arrest, the

4 arresting officer shall give notice as provided in this Section

5 or by deposit in the United States mail of this notice in an

6 envelope with postage prepaid and addressed to the person at

7 his or her address as shown on the uniform citation and the

8 suspension and disqualification shall be effective on the 46th

9 day following the date notice was given. In cases involving a

10 person who is not a CDL holder where the blood alcohol

11 concentration of 0.08 or more, a tetrahydrocannabinol

12 concentration in the person's whole blood or other bodily

13 substance as defined in paragraph 6 of subsection (a) of

14 Section 11-501.2 of the Illinois Vehicle Code, or any amount of

15 a drug, substance, or intoxicating compound resulting from the

16 unlawful use or consumption of a controlled substance listed in

17 the Illinois Controlled Substances Act, an intoxicating

18 compound listed in the Use of Intoxicating Compounds Act, or

19 methamphetamine as listed in the Methamphetamine Control and

20 Community Protection Act, is established by a subsequent

21 analysis of blood, other bodily substance, or urine collected

22 at the time of arrest, the arresting officer shall give notice

23 as provided in this Section or by deposit in the United States

24 mail of this notice in an envelope with postage prepaid and

25 addressed to the person at his or her address as shown on the

26 uniform citation and the suspension shall be effective on the

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1 46th day following the date notice was given.

2 Upon receipt of the sworn report of a law enforcement

3 officer, the Secretary of State shall also give notice of the

4 suspension and disqualification to the person by mailing a

5 notice of the effective date of the suspension and

6 disqualification to the person. However, should the sworn

7 report be defective by not containing sufficient information or

8 be completed in error, the notice of the suspension and

9 disqualification shall not be mailed to the person or entered

10 to the driving record, but rather the sworn report shall be

11 returned to the issuing law enforcement agency.

12 (e) A person may contest this suspension of his or her

13 driving privileges and disqualification of his or her CDL

14 privileges by requesting an administrative hearing with the

15 Secretary of State in accordance with Section 2-118 of the

16 Illinois Vehicle Code. At the conclusion of a hearing held

17 under Section 2-118 of the Illinois Vehicle Code, the Secretary

18 of State may rescind, continue, or modify the orders of

19 suspension and disqualification. If the Secretary of State does

20 not rescind the orders of suspension and disqualification, a

21 restricted driving permit may be granted by the Secretary of

22 State upon application being made and good cause shown. A

23 restricted driving permit may be granted to relieve undue

24 hardship to allow driving for employment, educational, and

25 medical purposes as outlined in Section 6-206 of the Illinois

26 Vehicle Code. The provisions of Section 6-206 of the Illinois

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1 Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the

2 Secretary of State may not issue a restricted driving permit

3 for the operation of a commercial motor vehicle to a person

4 holding a CDL whose driving privileges have been suspended,

5 revoked, cancelled, or disqualified.

6 (f) For the purposes of this Section, a personal injury

7 shall include any type A injury as indicated on the accident

8 report completed by a law enforcement officer that requires

9 immediate professional attention in a doctor's office or a

10 medical facility. A type A injury shall include severely

11 bleeding wounds, distorted extremities, and injuries that

12 require the injured party to be carried from the scene.

13 (Source: P.A. 98-103, eff. 1-1-14; 99-697, eff. 7-29-16.)

14 Section 315. The Criminal Code of 2012 is amended by

15 changing Section 9-1 as follows:

16 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)

17 Sec. 9-1. First degree Murder - Death penalties -

18 Exceptions - Separate Hearings - Proof - Findings - Appellate

19 procedures - Reversals.

20 (a) A person who kills an individual without lawful

21 justification commits first degree murder if, in performing the

22 acts which cause the death:

23 (1) he either intends to kill or do great bodily harm

24 to that individual or another, or knows that such acts will

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1 cause death to that individual or another; or

2 (2) he knows that such acts create a strong probability

3 of death or great bodily harm to that individual or

4 another; or

5 (3) he is attempting or committing a forcible felony

6 other than second degree murder.

7 (b) Aggravating Factors. A defendant who at the time of the

8 commission of the offense has attained the age of 18 or more

9 and who has been found guilty of first degree murder may be

10 sentenced to death if:

11 (1) the murdered individual was a peace officer or

12 fireman killed in the course of performing his official

13 duties, to prevent the performance of his official duties,

14 or in retaliation for performing his official duties, and

15 the defendant knew or should have known that the murdered

16 individual was a peace officer or fireman; or

17 (2) the murdered individual was an employee of an

18 institution or facility of the Department of Corrections,

19 or any similar local correctional agency, killed in the

20 course of performing his official duties, to prevent the

21 performance of his official duties, or in retaliation for

22 performing his official duties, or the murdered individual

23 was an inmate at such institution or facility and was

24 killed on the grounds thereof, or the murdered individual

25 was otherwise present in such institution or facility with

26 the knowledge and approval of the chief administrative

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1 officer thereof; or

2 (3) the defendant has been convicted of murdering two

3 or more individuals under subsection (a) of this Section or

4 under any law of the United States or of any state which is

5 substantially similar to subsection (a) of this Section

6 regardless of whether the deaths occurred as the result of

7 the same act or of several related or unrelated acts so

8 long as the deaths were the result of either an intent to

9 kill more than one person or of separate acts which the

10 defendant knew would cause death or create a strong

11 probability of death or great bodily harm to the murdered

12 individual or another; or

13 (4) the murdered individual was killed as a result of

14 the hijacking of an airplane, train, ship, bus or other

15 public conveyance; or

16 (5) the defendant committed the murder pursuant to a

17 contract, agreement or understanding by which he was to

18 receive money or anything of value in return for committing

19 the murder or procured another to commit the murder for

20 money or anything of value; or

21 (6) the murdered individual was killed in the course of

22 another felony if:

23 (a) the murdered individual:

24 (i) was actually killed by the defendant, or

25 (ii) received physical injuries personally

26 inflicted by the defendant substantially

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1 contemporaneously with physical injuries caused by

2 one or more persons for whose conduct the defendant

3 is legally accountable under Section 5-2 of this

4 Code, and the physical injuries inflicted by

5 either the defendant or the other person or persons

6 for whose conduct he is legally accountable caused

7 the death of the murdered individual; and

8 (b) in performing the acts which caused the death

9 of the murdered individual or which resulted in

10 physical injuries personally inflicted by the

11 defendant on the murdered individual under the

12 circumstances of subdivision (ii) of subparagraph (a)

13 of paragraph (6) of subsection (b) of this Section, the

14 defendant acted with the intent to kill the murdered

15 individual or with the knowledge that his acts created

16 a strong probability of death or great bodily harm to

17 the murdered individual or another; and

18 (c) the other felony was an inherently violent

19 crime or the attempt to commit an inherently violent

20 crime. In this subparagraph (c), "inherently violent

21 crime" includes, but is not limited to, armed robbery,

22 robbery, predatory criminal sexual assault of a child,

23 aggravated criminal sexual assault, aggravated

24 kidnapping, aggravated vehicular hijacking, aggravated

25 arson, aggravated stalking, residential burglary, and

26 home invasion; or

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1 (7) the murdered individual was under 12 years of age

2 and the death resulted from exceptionally brutal or heinous

3 behavior indicative of wanton cruelty; or

4 (8) the defendant committed the murder with intent to

5 prevent the murdered individual from testifying or

6 participating in any criminal investigation or prosecution

7 or giving material assistance to the State in any

8 investigation or prosecution, either against the defendant

9 or another; or the defendant committed the murder because

10 the murdered individual was a witness in any prosecution or

11 gave material assistance to the State in any investigation

12 or prosecution, either against the defendant or another;

13 for purposes of this paragraph (8), "participating in any

14 criminal investigation or prosecution" is intended to

15 include those appearing in the proceedings in any capacity

16 such as trial judges, prosecutors, defense attorneys,

17 investigators, witnesses, or jurors; or

18 (9) the defendant, while committing an offense

19 punishable under Sections 401, 401.1, 401.2, 405, 405.2,

20 407 or 407.1 or subsection (b) of Section 404 of the

21 Illinois Controlled Substances Act, or while engaged in a

22 conspiracy or solicitation to commit such offense,

23 intentionally killed an individual or counseled,

24 commanded, induced, procured or caused the intentional

25 killing of the murdered individual; or

26 (10) the defendant was incarcerated in an institution

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1 or facility of the Department of Corrections at the time of

2 the murder, and while committing an offense punishable as a

3 felony under Illinois law, or while engaged in a conspiracy

4 or solicitation to commit such offense, intentionally

5 killed an individual or counseled, commanded, induced,

6 procured or caused the intentional killing of the murdered

7 individual; or

8 (11) the murder was committed in a cold, calculated and

9 premeditated manner pursuant to a preconceived plan,

10 scheme or design to take a human life by unlawful means,

11 and the conduct of the defendant created a reasonable

12 expectation that the death of a human being would result

13 therefrom; or

14 (12) the murdered individual was an emergency medical

15 technician - ambulance, emergency medical technician -

16 intermediate, emergency medical technician - paramedic,

17 ambulance driver, or other medical assistance or first aid

18 personnel, employed by a municipality or other

19 governmental unit, killed in the course of performing his

20 official duties, to prevent the performance of his official

21 duties, or in retaliation for performing his official

22 duties, and the defendant knew or should have known that

23 the murdered individual was an emergency medical

24 technician - ambulance, emergency medical technician -

25 intermediate, emergency medical technician - paramedic,

26 ambulance driver, or other medical assistance or first aid

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1 personnel; or

2 (13) the defendant was a principal administrator,

3 organizer, or leader of a calculated criminal drug

4 conspiracy consisting of a hierarchical position of

5 authority superior to that of all other members of the

6 conspiracy, and the defendant counseled, commanded,

7 induced, procured, or caused the intentional killing of the

8 murdered person; or

9 (14) the murder was intentional and involved the

10 infliction of torture. For the purpose of this Section

11 torture means the infliction of or subjection to extreme

12 physical pain, motivated by an intent to increase or

13 prolong the pain, suffering or agony of the victim; or

14 (15) the murder was committed as a result of the

15 intentional discharge of a firearm by the defendant from a

16 motor vehicle and the victim was not present within the

17 motor vehicle; or

18 (16) the murdered individual was 60 years of age or

19 older and the death resulted from exceptionally brutal or

20 heinous behavior indicative of wanton cruelty; or

21 (17) the murdered individual was a person with a

22 disability and the defendant knew or should have known that

23 the murdered individual was a person with a disability. For

24 purposes of this paragraph (17), "person with a disability"

25 means a person who suffers from a permanent physical or

26 mental impairment resulting from disease, an injury, a

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1 functional disorder, or a congenital condition that

2 renders the person incapable of adequately providing for

3 his or her own health or personal care; or

4 (18) the murder was committed by reason of any person's

5 activity as a community policing volunteer or to prevent

6 any person from engaging in activity as a community

7 policing volunteer; or

8 (19) the murdered individual was subject to an order of

9 protection and the murder was committed by a person against

10 whom the same order of protection was issued under the

11 Illinois Domestic Violence Act of 1986; or

12 (20) the murdered individual was known by the defendant

13 to be a teacher or other person employed in any school and

14 the teacher or other employee is upon the grounds of a

15 school or grounds adjacent to a school, or is in any part

16 of a building used for school purposes; or

17 (21) the murder was committed by the defendant in

18 connection with or as a result of the offense of terrorism

19 as defined in Section 29D-14.9 of this Code.

20 (b-5) Aggravating Factor; Natural Life Imprisonment. A

21 defendant who has been found guilty of first degree murder and

22 who at the time of the commission of the offense had attained

23 the age of 18 years or more may be sentenced to natural life

24 imprisonment if (i) the murdered individual was a physician,

25 physician assistant, psychologist, nurse, or advanced practice

26 registerednurse, (ii) the defendant knew or should have known

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1 that the murdered individual was a physician, physician

2 assistant, psychologist, nurse, or advanced practice

3 registered nurse, and (iii) the murdered individual was killed

4 in the course of acting in his or her capacity as a physician,

5 physician assistant, psychologist, nurse, or advanced practice

6 registered nurse, or to prevent him or her from acting in that

7 capacity, or in retaliation for his or her acting in that

8 capacity.

9 (c) Consideration of factors in Aggravation and

10 Mitigation.

11 The court shall consider, or shall instruct the jury to

12 consider any aggravating and any mitigating factors which are

13 relevant to the imposition of the death penalty. Aggravating

14 factors may include but need not be limited to those factors

15 set forth in subsection (b). Mitigating factors may include but

16 need not be limited to the following:

17 (1) the defendant has no significant history of prior

18 criminal activity;

19 (2) the murder was committed while the defendant was

20 under the influence of extreme mental or emotional

21 disturbance, although not such as to constitute a defense

22 to prosecution;

23 (3) the murdered individual was a participant in the

24 defendant's homicidal conduct or consented to the

25 homicidal act;

26 (4) the defendant acted under the compulsion of threat

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1 or menace of the imminent infliction of death or great

2 bodily harm;

3 (5) the defendant was not personally present during

4 commission of the act or acts causing death;

5 (6) the defendant's background includes a history of

6 extreme emotional or physical abuse;

7 (7) the defendant suffers from a reduced mental

8 capacity.

9 (d) Separate sentencing hearing.

10 Where requested by the State, the court shall conduct a

11 separate sentencing proceeding to determine the existence of

12 factors set forth in subsection (b) and to consider any

13 aggravating or mitigating factors as indicated in subsection

14 (c). The proceeding shall be conducted:

15 (1) before the jury that determined the defendant's

16 guilt; or

17 (2) before a jury impanelled for the purpose of the

18 proceeding if:

19 A. the defendant was convicted upon a plea of

20 guilty; or

21 B. the defendant was convicted after a trial before

22 the court sitting without a jury; or

23 C. the court for good cause shown discharges the

24 jury that determined the defendant's guilt; or

25 (3) before the court alone if the defendant waives a

26 jury for the separate proceeding.

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1 (e) Evidence and Argument.

2 During the proceeding any information relevant to any of

3 the factors set forth in subsection (b) may be presented by

4 either the State or the defendant under the rules governing the

5 admission of evidence at criminal trials. Any information

6 relevant to any additional aggravating factors or any

7 mitigating factors indicated in subsection (c) may be presented

8 by the State or defendant regardless of its admissibility under

9 the rules governing the admission of evidence at criminal

10 trials. The State and the defendant shall be given fair

11 opportunity to rebut any information received at the hearing.

12 (f) Proof.

13 The burden of proof of establishing the existence of any of

14 the factors set forth in subsection (b) is on the State and

15 shall not be satisfied unless established beyond a reasonable

16 doubt.

17 (g) Procedure - Jury.

18 If at the separate sentencing proceeding the jury finds

19 that none of the factors set forth in subsection (b) exists,

20 the court shall sentence the defendant to a term of

21 imprisonment under Chapter V of the Unified Code of

22 Corrections. If there is a unanimous finding by the jury that

23 one or more of the factors set forth in subsection (b) exist,

24 the jury shall consider aggravating and mitigating factors as

25 instructed by the court and shall determine whether the

26 sentence of death shall be imposed. If the jury determines

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1 unanimously, after weighing the factors in aggravation and

2 mitigation, that death is the appropriate sentence, the court

3 shall sentence the defendant to death. If the court does not

4 concur with the jury determination that death is the

5 appropriate sentence, the court shall set forth reasons in

6 writing including what facts or circumstances the court relied

7 upon, along with any relevant documents, that compelled the

8 court to non-concur with the sentence. This document and any

9 attachments shall be part of the record for appellate review.

10 The court shall be bound by the jury's sentencing

11 determination.

12 If after weighing the factors in aggravation and

13 mitigation, one or more jurors determines that death is not the

14 appropriate sentence, the court shall sentence the defendant to

15 a term of imprisonment under Chapter V of the Unified Code of

16 Corrections.

17 (h) Procedure - No Jury.

18 In a proceeding before the court alone, if the court finds

19 that none of the factors found in subsection (b) exists, the

20 court shall sentence the defendant to a term of imprisonment

21 under Chapter V of the Unified Code of Corrections.

22 If the Court determines that one or more of the factors set

23 forth in subsection (b) exists, the Court shall consider any

24 aggravating and mitigating factors as indicated in subsection

25 (c). If the Court determines, after weighing the factors in

26 aggravation and mitigation, that death is the appropriate

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1 sentence, the Court shall sentence the defendant to death.

2 If the court finds that death is not the appropriate

3 sentence, the court shall sentence the defendant to a term of

4 imprisonment under Chapter V of the Unified Code of

5 Corrections.

6 (h-5) Decertification as a capital case.

7 In a case in which the defendant has been found guilty of

8 first degree murder by a judge or jury, or a case on remand for

9 resentencing, and the State seeks the death penalty as an

10 appropriate sentence, on the court's own motion or the written

11 motion of the defendant, the court may decertify the case as a

12 death penalty case if the court finds that the only evidence

13 supporting the defendant's conviction is the uncorroborated

14 testimony of an informant witness, as defined in Section 115-21

15 of the Code of Criminal Procedure of 1963, concerning the

16 confession or admission of the defendant or that the sole

17 evidence against the defendant is a single eyewitness or single

18 accomplice without any other corroborating evidence. If the

19 court decertifies the case as a capital case under either of

20 the grounds set forth above, the court shall issue a written

21 finding. The State may pursue its right to appeal the

22 decertification pursuant to Supreme Court Rule 604(a)(1). If

23 the court does not decertify the case as a capital case, the

24 matter shall proceed to the eligibility phase of the sentencing

25 hearing.

26 (i) Appellate Procedure.

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1 The conviction and sentence of death shall be subject to

2 automatic review by the Supreme Court. Such review shall be in

3 accordance with rules promulgated by the Supreme Court. The

4 Illinois Supreme Court may overturn the death sentence, and

5 order the imposition of imprisonment under Chapter V of the

6 Unified Code of Corrections if the court finds that the death

7 sentence is fundamentally unjust as applied to the particular

8 case. If the Illinois Supreme Court finds that the death

9 sentence is fundamentally unjust as applied to the particular

10 case, independent of any procedural grounds for relief, the

11 Illinois Supreme Court shall issue a written opinion explaining

12 this finding.

13 (j) Disposition of reversed death sentence.

14 In the event that the death penalty in this Act is held to

15 be unconstitutional by the Supreme Court of the United States

16 or of the State of Illinois, any person convicted of first

17 degree murder shall be sentenced by the court to a term of

18 imprisonment under Chapter V of the Unified Code of

19 Corrections.

20 In the event that any death sentence pursuant to the

21 sentencing provisions of this Section is declared

22 unconstitutional by the Supreme Court of the United States or

23 of the State of Illinois, the court having jurisdiction over a

24 person previously sentenced to death shall cause the defendant

25 to be brought before the court, and the court shall sentence

26 the defendant to a term of imprisonment under Chapter V of the

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1 Unified Code of Corrections.

2 (k) Guidelines for seeking the death penalty.

3 The Attorney General and State's Attorneys Association

4 shall consult on voluntary guidelines for procedures governing

5 whether or not to seek the death penalty. The guidelines do not

6 have the force of law and are only advisory in nature.

7 (Source: P.A. 99-143, eff. 7-27-15.)

8 Section 320. The Illinois Controlled Substances Act is

9 amended by changing Sections 102, 302, 303.05, 313, and 320 as

10 follows:

11 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)

12 Sec. 102. Definitions. As used in this Act, unless the

13 context otherwise requires:

14 (a) "Addict" means any person who habitually uses any drug,

15 chemical, substance or dangerous drug other than alcohol so as

16 to endanger the public morals, health, safety or welfare or who

17 is so far addicted to the use of a dangerous drug or controlled

18 substance other than alcohol as to have lost the power of self

19 control with reference to his or her addiction.

20 (b) "Administer" means the direct application of a

21 controlled substance, whether by injection, inhalation,

22 ingestion, or any other means, to the body of a patient,

23 research subject, or animal (as defined by the Humane

24 Euthanasia in Animal Shelters Act) by:

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1 (1) a practitioner (or, in his or her presence, by his

2 or her authorized agent),

3 (2) the patient or research subject pursuant to an

4 order, or

5 (3) a euthanasia technician as defined by the Humane

6 Euthanasia in Animal Shelters Act.

7 (c) "Agent" means an authorized person who acts on behalf

8 of or at the direction of a manufacturer, distributor,

9 dispenser, prescriber, or practitioner. It does not include a

10 common or contract carrier, public warehouseman or employee of

11 the carrier or warehouseman.

12 (c-1) "Anabolic Steroids" means any drug or hormonal

13 substance, chemically and pharmacologically related to

14 testosterone (other than estrogens, progestins,

15 corticosteroids, and dehydroepiandrosterone), and includes:

16 (i) 3[beta],17-dihydroxy-5a-androstane,

17 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,

18 (iii) 5[alpha]-androstan-3,17-dione,

19 (iv) 1-androstenediol (3[beta],

20 17[beta]-dihydroxy-5[alpha]-androst-1-ene),

21 (v) 1-androstenediol (3[alpha],

22 17[beta]-dihydroxy-5[alpha]-androst-1-ene),

23 (vi) 4-androstenediol

24 (3[beta],17[beta]-dihydroxy-androst-4-ene),

25 (vii) 5-androstenediol

26 (3[beta],17[beta]-dihydroxy-androst-5-ene),

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1 (viii) 1-androstenedione

2 ([5alpha]-androst-1-en-3,17-dione),

3 (ix) 4-androstenedione

4 (androst-4-en-3,17-dione),

5 (x) 5-androstenedione

6 (androst-5-en-3,17-dione),

7 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-

8 hydroxyandrost-4-en-3-one),

9 (xii) boldenone (17[beta]-hydroxyandrost-

10 1,4,-diene-3-one),

11 (xiii) boldione (androsta-1,4-

12 diene-3,17-dione),

13 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17

14 [beta]-hydroxyandrost-4-en-3-one),

15 (xv) clostebol (4-chloro-17[beta]-

16 hydroxyandrost-4-en-3-one),

17 (xvi) dehydrochloromethyltestosterone (4-chloro-

18 17[beta]-hydroxy-17[alpha]-methyl-

19 androst-1,4-dien-3-one),

20 (xvii) desoxymethyltestosterone

21 (17[alpha]-methyl-5[alpha]

22 -androst-2-en-17[beta]-ol)(a.k.a., madol),

23 (xviii) [delta]1-dihydrotestosterone (a.k.a.

24 '1-testosterone') (17[beta]-hydroxy-

25 5[alpha]-androst-1-en-3-one),

26 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-

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1 androstan-3-one),

2 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-

3 5[alpha]-androstan-3-one),

4 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-

5 hydroxyestr-4-ene),

6 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-

7 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),

8 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],

9 17[beta]-dihydroxyandrost-1,4-dien-3-one),

10 (xxiv) furazabol (17[alpha]-methyl-17[beta]-

11 hydroxyandrostano[2,3-c]-furazan),

12 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)

13 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-

14 androst-4-en-3-one),

15 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-

16 dihydroxy-estr-4-en-3-one),

17 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-

18 hydroxy-5-androstan-3-one),

19 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-

20 [5a]-androstan-3-one),

21 (xxx) methandienone (17[alpha]-methyl-17[beta]-

22 hydroxyandrost-1,4-dien-3-one),

23 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-

24 dihydroxyandrost-5-ene),

25 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-

26 5[alpha]-androst-1-en-3-one),

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1 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-

2 dihydroxy-5a-androstane),

3 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy

4 -5a-androstane),

5 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-

6 dihydroxyandrost-4-ene),

7 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-

8 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),

9 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-

10 hydroxyestra-4,9(10)-dien-3-one),

11 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-

12 hydroxyestra-4,9-11-trien-3-one),

13 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-

14 hydroxyandrost-4-en-3-one),

15 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-

16 hydroxyestr-4-en-3-one),

17 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone

18 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-

19 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-

20 1-testosterone'),

21 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),

22 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-

23 dihydroxyestr-4-ene),

24 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-

25 dihydroxyestr-4-ene),

26 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-

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1 dihydroxyestr-5-ene),

2 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-

3 dihydroxyestr-5-ene),

4 (xlvii) 19-nor-4,9(10)-androstadienedione

5 (estra-4,9(10)-diene-3,17-dione),

6 (xlviii) 19-nor-4-androstenedione (estr-4-

7 en-3,17-dione),

8 (xlix) 19-nor-5-androstenedione (estr-5-

9 en-3,17-dione),

10 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-

11 hydroxygon-4-en-3-one),

12 (li) norclostebol (4-chloro-17[beta]-

13 hydroxyestr-4-en-3-one),

14 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-

15 hydroxyestr-4-en-3-one),

16 (liii) normethandrolone (17[alpha]-methyl-17[beta]-

17 hydroxyestr-4-en-3-one),

18 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-

19 2-oxa-5[alpha]-androstan-3-one),

20 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-

21 dihydroxyandrost-4-en-3-one),

22 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-

23 17[beta]-hydroxy-(5[alpha]-androstan-3-one),

24 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-

25 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),

26 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-

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1 (5[alpha]-androst-1-en-3-one),

2 (lix) testolactone (13-hydroxy-3-oxo-13,17-

3 secoandrosta-1,4-dien-17-oic

4 acid lactone),

5 (lx) testosterone (17[beta]-hydroxyandrost-

6 4-en-3-one),

7 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-

8 diethyl-17[beta]-hydroxygon-

9 4,9,11-trien-3-one),

10 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,

11 11-trien-3-one).

12 Any person who is otherwise lawfully in possession of an

13 anabolic steroid, or who otherwise lawfully manufactures,

14 distributes, dispenses, delivers, or possesses with intent to

15 deliver an anabolic steroid, which anabolic steroid is

16 expressly intended for and lawfully allowed to be administered

17 through implants to livestock or other nonhuman species, and

18 which is approved by the Secretary of Health and Human Services

19 for such administration, and which the person intends to

20 administer or have administered through such implants, shall

21 not be considered to be in unauthorized possession or to

22 unlawfully manufacture, distribute, dispense, deliver, or

23 possess with intent to deliver such anabolic steroid for

24 purposes of this Act.

25 (d) "Administration" means the Drug Enforcement

26 Administration, United States Department of Justice, or its

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1 successor agency.

2 (d-5) "Clinical Director, Prescription Monitoring Program"

3 means a Department of Human Services administrative employee

4 licensed to either prescribe or dispense controlled substances

5 who shall run the clinical aspects of the Department of Human

6 Services Prescription Monitoring Program and its Prescription

7 Information Library.

8 (d-10) "Compounding" means the preparation and mixing of

9 components, excluding flavorings, (1) as the result of a

10 prescriber's prescription drug order or initiative based on the

11 prescriber-patient-pharmacist relationship in the course of

12 professional practice or (2) for the purpose of, or incident

13 to, research, teaching, or chemical analysis and not for sale

14 or dispensing. "Compounding" includes the preparation of drugs

15 or devices in anticipation of receiving prescription drug

16 orders based on routine, regularly observed dispensing

17 patterns. Commercially available products may be compounded

18 for dispensing to individual patients only if both of the

19 following conditions are met: (i) the commercial product is not

20 reasonably available from normal distribution channels in a

21 timely manner to meet the patient's needs and (ii) the

22 prescribing practitioner has requested that the drug be

23 compounded.

24 (e) "Control" means to add a drug or other substance, or

25 immediate precursor, to a Schedule whether by transfer from

26 another Schedule or otherwise.

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1 (f) "Controlled Substance" means (i) a drug, substance,

2 immediate precursor, or synthetic drug in the Schedules of

3 Article II of this Act or (ii) a drug or other substance, or

4 immediate precursor, designated as a controlled substance by

5 the Department through administrative rule. The term does not

6 include distilled spirits, wine, malt beverages, or tobacco, as

7 those terms are defined or used in the Liquor Control Act of

8 1934 and the Tobacco Products Tax Act of 1995.

9 (f-5) "Controlled substance analog" means a substance:

10 (1) the chemical structure of which is substantially

11 similar to the chemical structure of a controlled substance

12 in Schedule I or II;

13 (2) which has a stimulant, depressant, or

14 hallucinogenic effect on the central nervous system that is

15 substantially similar to or greater than the stimulant,

16 depressant, or hallucinogenic effect on the central

17 nervous system of a controlled substance in Schedule I or

18 II; or

19 (3) with respect to a particular person, which such

20 person represents or intends to have a stimulant,

21 depressant, or hallucinogenic effect on the central

22 nervous system that is substantially similar to or greater

23 than the stimulant, depressant, or hallucinogenic effect

24 on the central nervous system of a controlled substance in

25 Schedule I or II.

26 (g) "Counterfeit substance" means a controlled substance,

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1 which, or the container or labeling of which, without

2 authorization bears the trademark, trade name, or other

3 identifying mark, imprint, number or device, or any likeness

4 thereof, of a manufacturer, distributor, or dispenser other

5 than the person who in fact manufactured, distributed, or

6 dispensed the substance.

7 (h) "Deliver" or "delivery" means the actual, constructive

8 or attempted transfer of possession of a controlled substance,

9 with or without consideration, whether or not there is an

10 agency relationship.

11 (i) "Department" means the Illinois Department of Human

12 Services (as successor to the Department of Alcoholism and

13 Substance Abuse) or its successor agency.

14 (j) (Blank).

15 (k) "Department of Corrections" means the Department of

16 Corrections of the State of Illinois or its successor agency.

17 (l) "Department of Financial and Professional Regulation"

18 means the Department of Financial and Professional Regulation

19 of the State of Illinois or its successor agency.

20 (m) "Depressant" means any drug that (i) causes an overall

21 depression of central nervous system functions, (ii) causes

22 impaired consciousness and awareness, and (iii) can be

23 habit-forming or lead to a substance abuse problem, including

24 but not limited to alcohol, cannabis and its active principles

25 and their analogs, benzodiazepines and their analogs,

26 barbiturates and their analogs, opioids (natural and

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1 synthetic) and their analogs, and chloral hydrate and similar

2 sedative hypnotics.

3 (n) (Blank).

4 (o) "Director" means the Director of the Illinois State

5 Police or his or her designated agents.

6 (p) "Dispense" means to deliver a controlled substance to

7 an ultimate user or research subject by or pursuant to the

8 lawful order of a prescriber, including the prescribing,

9 administering, packaging, labeling, or compounding necessary

10 to prepare the substance for that delivery.

11 (q) "Dispenser" means a practitioner who dispenses.

12 (r) "Distribute" means to deliver, other than by

13 administering or dispensing, a controlled substance.

14 (s) "Distributor" means a person who distributes.

15 (t) "Drug" means (1) substances recognized as drugs in the

16 official United States Pharmacopoeia, Official Homeopathic

17 Pharmacopoeia of the United States, or official National

18 Formulary, or any supplement to any of them; (2) substances

19 intended for use in diagnosis, cure, mitigation, treatment, or

20 prevention of disease in man or animals; (3) substances (other

21 than food) intended to affect the structure of any function of

22 the body of man or animals and (4) substances intended for use

23 as a component of any article specified in clause (1), (2), or

24 (3) of this subsection. It does not include devices or their

25 components, parts, or accessories.

26 (t-3) "Electronic health record" or "EHR" means an

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1 electronic record of health-related information on an

2 individual that is created, gathered, managed, and consulted by

3 authorized health care clinicians and staff.

4 (t-5) "Euthanasia agency" means an entity certified by the

5 Department of Financial and Professional Regulation for the

6 purpose of animal euthanasia that holds an animal control

7 facility license or animal shelter license under the Animal

8 Welfare Act. A euthanasia agency is authorized to purchase,

9 store, possess, and utilize Schedule II nonnarcotic and

10 Schedule III nonnarcotic drugs for the sole purpose of animal

11 euthanasia.

12 (t-10) "Euthanasia drugs" means Schedule II or Schedule III

13 substances (nonnarcotic controlled substances) that are used

14 by a euthanasia agency for the purpose of animal euthanasia.

15 (u) "Good faith" means the prescribing or dispensing of a

16 controlled substance by a practitioner in the regular course of

17 professional treatment to or for any person who is under his or

18 her treatment for a pathology or condition other than that

19 individual's physical or psychological dependence upon or

20 addiction to a controlled substance, except as provided herein:

21 and application of the term to a pharmacist shall mean the

22 dispensing of a controlled substance pursuant to the

23 prescriber's order which in the professional judgment of the

24 pharmacist is lawful. The pharmacist shall be guided by

25 accepted professional standards including, but not limited to

26 the following, in making the judgment:

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1 (1) lack of consistency of prescriber-patient

2 relationship,

3 (2) frequency of prescriptions for same drug by one

4 prescriber for large numbers of patients,

5 (3) quantities beyond those normally prescribed,

6 (4) unusual dosages (recognizing that there may be

7 clinical circumstances where more or less than the usual

8 dose may be used legitimately),

9 (5) unusual geographic distances between patient,

10 pharmacist and prescriber,

11 (6) consistent prescribing of habit-forming drugs.

12 (u-0.5) "Hallucinogen" means a drug that causes markedly

13 altered sensory perception leading to hallucinations of any

14 type.

15 (u-1) "Home infusion services" means services provided by a

16 pharmacy in compounding solutions for direct administration to

17 a patient in a private residence, long-term care facility, or

18 hospice setting by means of parenteral, intravenous,

19 intramuscular, subcutaneous, or intraspinal infusion.

20 (u-5) "Illinois State Police" means the State Police of the

21 State of Illinois, or its successor agency.

22 (v) "Immediate precursor" means a substance:

23 (1) which the Department has found to be and by rule

24 designated as being a principal compound used, or produced

25 primarily for use, in the manufacture of a controlled

26 substance;

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1 (2) which is an immediate chemical intermediary used or

2 likely to be used in the manufacture of such controlled

3 substance; and

4 (3) the control of which is necessary to prevent,

5 curtail or limit the manufacture of such controlled

6 substance.

7 (w) "Instructional activities" means the acts of teaching,

8 educating or instructing by practitioners using controlled

9 substances within educational facilities approved by the State

10 Board of Education or its successor agency.

11 (x) "Local authorities" means a duly organized State,

12 County or Municipal peace unit or police force.

13 (y) "Look-alike substance" means a substance, other than a

14 controlled substance which (1) by overall dosage unit

15 appearance, including shape, color, size, markings or lack

16 thereof, taste, consistency, or any other identifying physical

17 characteristic of the substance, would lead a reasonable person

18 to believe that the substance is a controlled substance, or (2)

19 is expressly or impliedly represented to be a controlled

20 substance or is distributed under circumstances which would

21 lead a reasonable person to believe that the substance is a

22 controlled substance. For the purpose of determining whether

23 the representations made or the circumstances of the

24 distribution would lead a reasonable person to believe the

25 substance to be a controlled substance under this clause (2) of

26 subsection (y), the court or other authority may consider the

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1 following factors in addition to any other factor that may be

2 relevant:

3 (a) statements made by the owner or person in control

4 of the substance concerning its nature, use or effect;

5 (b) statements made to the buyer or recipient that the

6 substance may be resold for profit;

7 (c) whether the substance is packaged in a manner

8 normally used for the illegal distribution of controlled

9 substances;

10 (d) whether the distribution or attempted distribution

11 included an exchange of or demand for money or other

12 property as consideration, and whether the amount of the

13 consideration was substantially greater than the

14 reasonable retail market value of the substance.

15 Clause (1) of this subsection (y) shall not apply to a

16 noncontrolled substance in its finished dosage form that was

17 initially introduced into commerce prior to the initial

18 introduction into commerce of a controlled substance in its

19 finished dosage form which it may substantially resemble.

20 Nothing in this subsection (y) prohibits the dispensing or

21 distributing of noncontrolled substances by persons authorized

22 to dispense and distribute controlled substances under this

23 Act, provided that such action would be deemed to be carried

24 out in good faith under subsection (u) if the substances

25 involved were controlled substances.

26 Nothing in this subsection (y) or in this Act prohibits the

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1 manufacture, preparation, propagation, compounding,

2 processing, packaging, advertising or distribution of a drug or

3 drugs by any person registered pursuant to Section 510 of the

4 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).

5 (y-1) "Mail-order pharmacy" means a pharmacy that is

6 located in a state of the United States that delivers,

7 dispenses or distributes, through the United States Postal

8 Service or other common carrier, to Illinois residents, any

9 substance which requires a prescription.

10 (z) "Manufacture" means the production, preparation,

11 propagation, compounding, conversion or processing of a

12 controlled substance other than methamphetamine, either

13 directly or indirectly, by extraction from substances of

14 natural origin, or independently by means of chemical

15 synthesis, or by a combination of extraction and chemical

16 synthesis, and includes any packaging or repackaging of the

17 substance or labeling of its container, except that this term

18 does not include:

19 (1) by an ultimate user, the preparation or compounding

20 of a controlled substance for his or her own use; or

21 (2) by a practitioner, or his or her authorized agent

22 under his or her supervision, the preparation,

23 compounding, packaging, or labeling of a controlled

24 substance:

25 (a) as an incident to his or her administering or

26 dispensing of a controlled substance in the course of

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1 his or her professional practice; or

2 (b) as an incident to lawful research, teaching or

3 chemical analysis and not for sale.

4 (z-1) (Blank).

5 (z-5) "Medication shopping" means the conduct prohibited

6 under subsection (a) of Section 314.5 of this Act.

7 (z-10) "Mid-level practitioner" means (i) a physician

8 assistant who has been delegated authority to prescribe through

9 a written delegation of authority by a physician licensed to

10 practice medicine in all of its branches, in accordance with

11 Section 7.5 of the Physician Assistant Practice Act of 1987,

12 (ii) an advanced practice registered nurse who has been

13 delegated authority to prescribe through a written delegation

14 of authority by a physician licensed to practice medicine in

15 all of its branches or by a podiatric physician, in accordance

16 with Section 65-40 of the Nurse Practice Act, (iii) an advanced

17 practice registered nurse certified as a nurse practitioner,

18 nurse midwife, or clinical nurse specialist who has been

19 granted authority to prescribe by a hospital affiliate in

20 accordance with Section 65-45 of the Nurse Practice Act, (iv)

21 an animal euthanasia agency, or (v) a prescribing psychologist.

22 (aa) "Narcotic drug" means any of the following, whether

23 produced directly or indirectly by extraction from substances

24 of vegetable origin, or independently by means of chemical

25 synthesis, or by a combination of extraction and chemical

26 synthesis:

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1 (1) opium, opiates, derivatives of opium and opiates,

2 including their isomers, esters, ethers, salts, and salts

3 of isomers, esters, and ethers, whenever the existence of

4 such isomers, esters, ethers, and salts is possible within

5 the specific chemical designation; however the term

6 "narcotic drug" does not include the isoquinoline

7 alkaloids of opium;

8 (2) (blank);

9 (3) opium poppy and poppy straw;

10 (4) coca leaves, except coca leaves and extracts of

11 coca leaves from which substantially all of the cocaine and

12 ecgonine, and their isomers, derivatives and salts, have

13 been removed;

14 (5) cocaine, its salts, optical and geometric isomers,

15 and salts of isomers;

16 (6) ecgonine, its derivatives, their salts, isomers,

17 and salts of isomers;

18 (7) any compound, mixture, or preparation which

19 contains any quantity of any of the substances referred to

20 in subparagraphs (1) through (6).

21 (bb) "Nurse" means a registered nurse licensed under the

22 Nurse Practice Act.

23 (cc) (Blank).

24 (dd) "Opiate" means any substance having an addiction

25 forming or addiction sustaining liability similar to morphine

26 or being capable of conversion into a drug having addiction

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1 forming or addiction sustaining liability.

2 (ee) "Opium poppy" means the plant of the species Papaver

3 somniferum L., except its seeds.

4 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or

5 solution or other liquid form of medication intended for

6 administration by mouth, but the term does not include a form

7 of medication intended for buccal, sublingual, or transmucosal

8 administration.

9 (ff) "Parole and Pardon Board" means the Parole and Pardon

10 Board of the State of Illinois or its successor agency.

11 (gg) "Person" means any individual, corporation,

12 mail-order pharmacy, government or governmental subdivision or

13 agency, business trust, estate, trust, partnership or

14 association, or any other entity.

15 (hh) "Pharmacist" means any person who holds a license or

16 certificate of registration as a registered pharmacist, a local

17 registered pharmacist or a registered assistant pharmacist

18 under the Pharmacy Practice Act.

19 (ii) "Pharmacy" means any store, ship or other place in

20 which pharmacy is authorized to be practiced under the Pharmacy

21 Practice Act.

22 (ii-5) "Pharmacy shopping" means the conduct prohibited

23 under subsection (b) of Section 314.5 of this Act.

24 (ii-10) "Physician" (except when the context otherwise

25 requires) means a person licensed to practice medicine in all

26 of its branches.

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1 (jj) "Poppy straw" means all parts, except the seeds, of

2 the opium poppy, after mowing.

3 (kk) "Practitioner" means a physician licensed to practice

4 medicine in all its branches, dentist, optometrist, podiatric

5 physician, veterinarian, scientific investigator, pharmacist,

6 physician assistant, advanced practiceregisterednurse,

7 licensed practical nurse, registered nurse, hospital,

8 laboratory, or pharmacy, or other person licensed, registered,

9 or otherwise lawfully permitted by the United States or this

10 State to distribute, dispense, conduct research with respect

11 to, administer or use in teaching or chemical analysis, a

12 controlled substance in the course of professional practice or

13 research.

14 (ll) "Pre-printed prescription" means a written

15 prescription upon which the designated drug has been indicated

16 prior to the time of issuance; the term does not mean a written

17 prescription that is individually generated by machine or

18 computer in the prescriber's office.

19 (mm) "Prescriber" means a physician licensed to practice

20 medicine in all its branches, dentist, optometrist,

21 prescribing psychologist licensed under Section 4.2 of the

22 Clinical Psychologist Licensing Act with prescriptive

23 authority delegated under Section 4.3 of the Clinical

24 Psychologist Licensing Act, podiatric physician, or

25 veterinarian who issues a prescription, a physician assistant

26 who issues a prescription for a controlled substance in

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1 accordance with Section 303.05, a written delegation, and a

2 written supervision agreement required under Section 7.5 of the

3 Physician Assistant Practice Act of 1987, an advanced practice

4 registerednurse with prescriptive authority delegated under

5 Section 65-40 of the Nurse Practice Act and in accordance with

6 Section 303.05, a written delegation, and a written

7 collaborative agreement under Section 65-35 of the Nurse

8 Practice Act, or an advanced practice registered nurse

9 certified as a nurse practitioner, nurse midwife, or clinical

10 nurse specialist who has been granted authority to prescribe by

11 a hospital affiliate in accordance with Section 65-45 of the

12 Nurse Practice Act and in accordance with Section 303.05.

13 (nn) "Prescription" means a written, facsimile, or oral

14 order, or an electronic order that complies with applicable

15 federal requirements, of a physician licensed to practice

16 medicine in all its branches, dentist, podiatric physician or

17 veterinarian for any controlled substance, of an optometrist in

18 accordance with Section 15.1 of the Illinois Optometric

19 Practice Act of 1987, of a prescribing psychologist licensed

20 under Section 4.2 of the Clinical Psychologist Licensing Act

21 with prescriptive authority delegated under Section 4.3 of the

22 Clinical Psychologist Licensing Act, of a physician assistant

23 for a controlled substance in accordance with Section 303.05, a

24 written delegation, and a written supervision agreement

25 required under Section 7.5 of the Physician Assistant Practice

26 Act of 1987, of an advanced practice registerednurse with

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1 prescriptive authority delegated under Section 65-40 of the

2 Nurse Practice Act who issues a prescription for a controlled

3 substance in accordance with Section 303.05, a written

4 delegation, and a written collaborative agreement under

5 Section 65-35 of the Nurse Practice Act, or of an advanced

6 practice registered nurse certified as a nurse practitioner,

7 nurse midwife, or clinical nurse specialist who has been

8 granted authority to prescribe by a hospital affiliate in

9 accordance with Section 65-45 of the Nurse Practice Act and in

10 accordance with Section 303.05 when required by law.

11 (nn-5) "Prescription Information Library" (PIL) means an

12 electronic library that contains reported controlled substance

13 data.

14 (nn-10) "Prescription Monitoring Program" (PMP) means the

15 entity that collects, tracks, and stores reported data on

16 controlled substances and select drugs pursuant to Section 316.

17 (oo) "Production" or "produce" means manufacture,

18 planting, cultivating, growing, or harvesting of a controlled

19 substance other than methamphetamine.

20 (pp) "Registrant" means every person who is required to

21 register under Section 302 of this Act.

22 (qq) "Registry number" means the number assigned to each

23 person authorized to handle controlled substances under the

24 laws of the United States and of this State.

25 (qq-5) "Secretary" means, as the context requires, either

26 the Secretary of the Department or the Secretary of the

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1 Department of Financial and Professional Regulation, and the

2 Secretary's designated agents.

3 (rr) "State" includes the State of Illinois and any state,

4 district, commonwealth, territory, insular possession thereof,

5 and any area subject to the legal authority of the United

6 States of America.

7 (rr-5) "Stimulant" means any drug that (i) causes an

8 overall excitation of central nervous system functions, (ii)

9 causes impaired consciousness and awareness, and (iii) can be

10 habit-forming or lead to a substance abuse problem, including

11 but not limited to amphetamines and their analogs,

12 methylphenidate and its analogs, cocaine, and phencyclidine

13 and its analogs.

14 (ss) "Ultimate user" means a person who lawfully possesses

15 a controlled substance for his or her own use or for the use of

16 a member of his or her household or for administering to an

17 animal owned by him or her or by a member of his or her

18 household.

19 (Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;

20 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.

21 7-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,

22 eff. 9-9-15; 99-642, eff. 7-28-16.)

23 (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)

24 Sec. 302. (a) Every person who manufactures, distributes,

25 or dispenses any controlled substances; engages in chemical

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1 analysis, research, or instructional activities which utilize

2 controlled substances; purchases, stores, or administers

3 euthanasia drugs, within this State; provides canine odor

4 detection services; proposes to engage in the manufacture,

5 distribution, or dispensing of any controlled substance;

6 proposes to engage in chemical analysis, research, or

7 instructional activities which utilize controlled substances;

8 proposes to engage in purchasing, storing, or administering

9 euthanasia drugs; or proposes to provide canine odor detection

10 services within this State, must obtain a registration issued

11 by the Department of Financial and Professional Regulation in

12 accordance with its rules. The rules shall include, but not be

13 limited to, setting the expiration date and renewal period for

14 each registration under this Act. The Department, any facility

15 or service licensed by the Department, and any veterinary

16 hospital or clinic operated by a veterinarian or veterinarians

17 licensed under the Veterinary Medicine and Surgery Practice Act

18 of 2004 or maintained by a State-supported or publicly funded

19 university or college shall be exempt from the regulation

20 requirements of this Section; however, such exemption shall not

21 operate to bar the University of Illinois from requesting, nor

22 the Department of Financial and Professional Regulation from

23 issuing, a registration to the University of Illinois

24 Veterinary Teaching Hospital under this Act. Neither a request

25 for such registration nor the issuance of such registration to

26 the University of Illinois shall operate to otherwise waive or

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1 modify the exemption provided in this subsection (a).

2 (b) Persons registered by the Department of Financial and

3 Professional Regulation under this Act to manufacture,

4 distribute, or dispense controlled substances, engage in

5 chemical analysis, research, or instructional activities which

6 utilize controlled substances, purchase, store, or administer

7 euthanasia drugs, or provide canine odor detection services,

8 may possess, manufacture, distribute, engage in chemical

9 analysis, research, or instructional activities which utilize

10 controlled substances, dispense those substances, or purchase,

11 store, or administer euthanasia drugs, or provide canine odor

12 detection services to the extent authorized by their

13 registration and in conformity with the other provisions of

14 this Article.

15 (c) The following persons need not register and may

16 lawfully possess controlled substances under this Act:

17 (1) an agent or employee of any registered

18 manufacturer, distributor, or dispenser of any controlled

19 substance if he or she is acting in the usual course of his

20 or her employer's lawful business or employment;

21 (2) a common or contract carrier or warehouseman, or an

22 agent or employee thereof, whose possession of any

23 controlled substance is in the usual lawful course of such

24 business or employment;

25 (3) an ultimate user or a person in possession of a

26 controlled substance prescribed for the ultimate user

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1 under a lawful prescription of a practitioner, including an

2 advanced practice registered nurse, practical nurse, or

3 registered nurse licensed under the Nurse Practice Act, or

4 a physician assistant licensed under the Physician

5 Assistant Practice Act of 1987, who provides hospice

6 services to a hospice patient or who provides home health

7 services to a person, or a person in possession of any

8 controlled substance pursuant to a lawful prescription of a

9 practitioner or in lawful possession of a Schedule V

10 substance. In this Section, "home health services" has the

11 meaning ascribed to it in the Home Health, Home Services,

12 and Home Nursing Agency Licensing Act; and "hospice

13 patient" and "hospice services" have the meanings ascribed

14 to them in the Hospice Program Licensing Act;

15 (4) officers and employees of this State or of the

16 United States while acting in the lawful course of their

17 official duties which requires possession of controlled

18 substances;

19 (5) a registered pharmacist who is employed in, or the

20 owner of, a pharmacy licensed under this Act and the

21 Federal Controlled Substances Act, at the licensed

22 location, or if he or she is acting in the usual course of

23 his or her lawful profession, business, or employment;

24 (6) a holder of a temporary license issued under

25 Section 17 of the Medical Practice Act of 1987 practicing

26 within the scope of that license and in compliance with the

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1 rules adopted under this Act. In addition to possessing

2 controlled substances, a temporary license holder may

3 order, administer, and prescribe controlled substances

4 when acting within the scope of his or her license and in

5 compliance with the rules adopted under this Act.

6 (d) A separate registration is required at each place of

7 business or professional practice where the applicant

8 manufactures, distributes, or dispenses controlled substances,

9 or purchases, stores, or administers euthanasia drugs. Persons

10 are required to obtain a separate registration for each place

11 of business or professional practice where controlled

12 substances are located or stored. A separate registration is

13 not required for every location at which a controlled substance

14 may be prescribed.

15 (e) The Department of Financial and Professional

16 Regulation or the Illinois State Police may inspect the

17 controlled premises, as defined in Section 502 of this Act, of

18 a registrant or applicant for registration in accordance with

19 this Act and the rules promulgated hereunder and with regard to

20 persons licensed by the Department, in accordance with

21 subsection (bb) of Section 30-5 of the Alcoholism and Other

22 Drug Abuse and Dependency Act and the rules and regulations

23 promulgated thereunder.

24 (Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; 99-642,

25 eff. 7-28-16.)

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1 (720 ILCS 570/303.05)

2 Sec. 303.05. Mid-level practitioner registration.

3 (a) The Department of Financial and Professional

4 Regulation shall register licensed physician assistants,

5 licensed advanced practice registered nurses, and prescribing

6 psychologists licensed under Section 4.2 of the Clinical

7 Psychologist Licensing Act to prescribe and dispense

8 controlled substances under Section 303 and euthanasia

9 agencies to purchase, store, or administer animal euthanasia

10 drugs under the following circumstances:

11 (1) with respect to physician assistants,

12 (A) the physician assistant has been delegated

13 written authority to prescribe any Schedule III

14 through V controlled substances by a physician

15 licensed to practice medicine in all its branches in

16 accordance with Section 7.5 of the Physician Assistant

17 Practice Act of 1987; and the physician assistant has

18 completed the appropriate application forms and has

19 paid the required fees as set by rule; or

20 (B) the physician assistant has been delegated

21 authority by a supervising physician licensed to

22 practice medicine in all its branches to prescribe or

23 dispense Schedule II controlled substances through a

24 written delegation of authority and under the

25 following conditions:

26 (i) Specific Schedule II controlled substances

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1 by oral dosage or topical or transdermal

2 application may be delegated, provided that the

3 delegated Schedule II controlled substances are

4 routinely prescribed by the supervising physician.

5 This delegation must identify the specific

6 Schedule II controlled substances by either brand

7 name or generic name. Schedule II controlled

8 substances to be delivered by injection or other

9 route of administration may not be delegated;

10 (ii) any delegation must be of controlled

11 substances prescribed by the supervising

12 physician;

13 (iii) all prescriptions must be limited to no

14 more than a 30-day supply, with any continuation

15 authorized only after prior approval of the

16 supervising physician;

17 (iv) the physician assistant must discuss the

18 condition of any patients for whom a controlled

19 substance is prescribed monthly with the

20 delegating physician;

21 (v) the physician assistant must have

22 completed the appropriate application forms and

23 paid the required fees as set by rule;

24 (vi) the physician assistant must provide

25 evidence of satisfactory completion of 45 contact

26 hours in pharmacology from any physician assistant

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1 program accredited by the Accreditation Review

2 Commission on Education for the Physician

3 Assistant (ARC-PA), or its predecessor agency, for

4 any new license issued with Schedule II authority

5 after the effective date of this amendatory Act of

6 the 97th General Assembly; and

7 (vii) the physician assistant must annually

8 complete at least 5 hours of continuing education

9 in pharmacology;

10 (2) with respect to advanced practice registered

11 nurses,

12 (A) the advanced practice registered nurse has

13 been delegated authority to prescribe any Schedule III

14 through V controlled substances by a collaborating

15 physician licensed to practice medicine in all its

16 branches or a collaborating podiatric physician in

17 accordance with Section 65-40 of the Nurse Practice

18 Act. The advanced practice registered nurse has

19 completed the appropriate application forms and has

20 paid the required fees as set by rule; or

21 (B) the advanced practice registered nurse has

22 been delegated authority by a collaborating physician

23 licensed to practice medicine in all its branches or

24 collaborating podiatric physician to prescribe or

25 dispense Schedule II controlled substances through a

26 written delegation of authority and under the

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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 collaborating

7 physician or podiatric physician. This delegation

8 must identify the specific Schedule II controlled

9 substances by either brand name or generic name.

10 Schedule II controlled substances to be delivered

11 by injection or other route of administration may

12 not be delegated;

13 (ii) any delegation must be of controlled

14 substances prescribed by the collaborating

15 physician or podiatric physician;

16 (iii) all prescriptions must be limited to no

17 more than a 30-day supply, with any continuation

18 authorized only after prior approval of the

19 collaborating physician or podiatric physician;

20 (iv) the advanced practice registered nurse

21 must discuss the condition of any patients for whom

22 a controlled substance is prescribed monthly with

23 the delegating physician or podiatric physician or

24 in the course of review as required by Section

25 65-40 of the Nurse Practice Act;

26 (v) the advanced practice registered nurse

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1 must have completed the appropriate application

2 forms and paid the required fees as set by rule;

3 (vi) the advanced practice registered nurse

4 must provide evidence of satisfactory completion

5 of at least 45 graduate contact hours in

6 pharmacology for any new license issued with

7 Schedule II authority after the effective date of

8 this amendatory Act of the 97th General Assembly;

9 and

10 (vii) the advanced practice registered nurse

11 must annually complete 5 hours of continuing

12 education in pharmacology;

13 (2.5) with respect to advanced practice registered

14 nurses certified as nurse practitioners, nurse midwives,

15 or clinical nurse specialists practicing in a hospital

16 affiliate,

17 (A) the advanced practice registered nurse

18 certified as a nurse practitioner, nurse midwife, or

19 clinical nurse specialist has been granted authority

20 to prescribe any Schedule II through V controlled

21 substances by the hospital affiliate upon the

22 recommendation of the appropriate physician committee

23 of the hospital affiliate in accordance with Section

24 65-45 of the Nurse Practice Act, has completed the

25 appropriate application forms, and has paid the

26 required fees as set by rule; and

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1 (B) an advanced practice registered nurse

2 certified as a nurse practitioner, nurse midwife, or

3 clinical nurse specialist has been granted authority

4 to prescribe any Schedule II controlled substances by

5 the hospital affiliate upon the recommendation of the

6 appropriate physician committee of the hospital

7 affiliate, then the following conditions must be met:

8 (i) specific Schedule II controlled substances

9 by oral dosage or topical or transdermal

10 application may be designated, provided that the

11 designated Schedule II controlled substances are

12 routinely prescribed by advanced practice

13 registered nurses in their area of certification;

14 this grant of authority must identify the specific

15 Schedule II controlled substances by either brand

16 name or generic name; authority to prescribe or

17 dispense Schedule II controlled substances to be

18 delivered by injection or other route of

19 administration may not be granted;

20 (ii) any grant of authority must be controlled

21 substances limited to the practice of the advanced

22 practice registered nurse;

23 (iii) any prescription must be limited to no

24 more than a 30-day supply;

25 (iv) the advanced practice registered nurse

26 must discuss the condition of any patients for whom

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1 a controlled substance is prescribed monthly with

2 the appropriate physician committee of the

3 hospital affiliate or its physician designee; and

4 (v) the advanced practice registered nurse

5 must meet the education requirements of this

6 Section;

7 (3) with respect to animal euthanasia agencies, the

8 euthanasia agency has obtained a license from the

9 Department of Financial and Professional Regulation and

10 obtained a registration number from the Department; or

11 (4) with respect to prescribing psychologists, the

12 prescribing psychologist has been delegated authority to

13 prescribe any nonnarcotic Schedule III through V

14 controlled substances by a collaborating physician

15 licensed to practice medicine in all its branches in

16 accordance with Section 4.3 of the Clinical Psychologist

17 Licensing Act, and the prescribing psychologist has

18 completed the appropriate application forms and has paid

19 the required fees as set by rule.

20 (b) The mid-level practitioner shall only be licensed to

21 prescribe those schedules of controlled substances for which a

22 licensed physician or licensed podiatric physician has

23 delegated prescriptive authority, except that an animal

24 euthanasia agency does not have any prescriptive authority. A

25 physician assistant and an advanced practice registered nurse

26 are prohibited from prescribing medications and controlled

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1 substances not set forth in the required written delegation of

2 authority.

3 (c) Upon completion of all registration requirements,

4 physician assistants, advanced practiceregistered nurses, and

5 animal euthanasia agencies may be issued a mid-level

6 practitioner controlled substances license for Illinois.

7 (d) A collaborating physician or podiatric physician may,

8 but is not required to, delegate prescriptive authority to an

9 advanced practice registered nurse as part of a written

10 collaborative agreement, and the delegation of prescriptive

11 authority shall conform to the requirements of Section 65-40 of

12 the Nurse Practice Act.

13 (e) A supervising physician may, but is not required to,

14 delegate prescriptive authority to a physician assistant as

15 part of a written supervision agreement, and the delegation of

16 prescriptive authority shall conform to the requirements of

17 Section 7.5 of the Physician Assistant Practice Act of 1987.

18 (f) Nothing in this Section shall be construed to prohibit

19 generic substitution.

20 (Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;

21 99-173, eff. 7-29-15.)

22 (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)

23 Sec. 313. (a) Controlled substances which are lawfully

24 administered in hospitals or institutions licensed under the

25 Hospital Licensing Act shall be exempt from the requirements of

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1 Sections 312 and 316, except that the prescription for the

2 controlled substance shall be in writing on the patient's

3 record, signed by the prescriber, and dated, and shall state

4 the name and quantity of controlled substances ordered and the

5 quantity actually administered. The records of such

6 prescriptions shall be maintained for two years and shall be

7 available for inspection by officers and employees of the

8 Illinois State Police and the Department of Financial and

9 Professional Regulation.

10 The exemption under this subsection (a) does not apply to a

11 prescription (including an outpatient prescription from an

12 emergency department or outpatient clinic) for more than a

13 72-hour supply of a discharge medication to be consumed outside

14 of the hospital or institution.

15 (b) Controlled substances that can lawfully be

16 administered or dispensed directly to a patient in a long-term

17 care facility licensed by the Department of Public Health as a

18 skilled nursing facility, intermediate care facility, or

19 long-term care facility for residents under 22 years of age,

20 are exempt from the requirements of Section 312 except that a

21 prescription for a Schedule II controlled substance must be

22 either a prescription signed by the prescriber or a

23 prescription transmitted by the prescriber or prescriber's

24 agent to the dispensing pharmacy by facsimile. The facsimile

25 serves as the original prescription and must be maintained for

26 2 years from the date of issue in the same manner as a written

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1 prescription signed by the prescriber.

2 (c) A prescription that is generated for a Schedule II

3 controlled substance to be compounded for direct

4 administration to a patient in a private residence, long-term

5 care facility, or hospice program may be transmitted by

6 facsimile by the prescriber or the prescriber's agent to the

7 pharmacy providing the home infusion services. The facsimile

8 serves as the original prescription for purposes of this

9 paragraph (c) and it shall be maintained in the same manner as

10 the original prescription.

11 (c-1) A prescription generated for a Schedule II controlled

12 substance for a patient residing in a hospice certified by

13 Medicare under Title XVIII of the Social Security Act or

14 licensed by the State may be transmitted by the practitioner or

15 the practitioner's agent to the dispensing pharmacy by

16 facsimile or electronically as provided in Section 311.5. The

17 practitioner or practitioner's agent must note on the

18 prescription that the patient is a hospice patient. The

19 facsimile or electronic record serves as the original

20 prescription for purposes of this paragraph (c-1) and it shall

21 be maintained in the same manner as the original prescription.

22 (d) Controlled substances which are lawfully administered

23 and/or dispensed in drug abuse treatment programs licensed by

24 the Department shall be exempt from the requirements of

25 Sections 312 and 316, except that the prescription for such

26 controlled substances shall be issued and authenticated on

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1 official prescription logs prepared and maintained in

2 accordance with 77 Ill. Adm. Code 2060: Alcoholism and

3 Substance Abuse Treatment and Intervention Licenses, and in

4 compliance with other applicable State and federal laws. The

5 Department-licensed drug treatment program shall report

6 applicable prescriptions via electronic record keeping

7 software approved by the Department. This software must be

8 compatible with the specifications of the Department. Drug

9 abuse treatment programs shall report to the Department

10 methadone prescriptions or medications dispensed through the

11 use of Department-approved File Transfer Protocols (FTPs).

12 Methadone prescription records must be maintained in

13 accordance with the applicable requirements as set forth by the

14 Department in accordance with 77 Ill. Adm. Code 2060:

15 Alcoholism and Substance Abuse Treatment and Intervention

16 Licenses, and in compliance with other applicable State and

17 federal laws.

18 (e) Nothing in this Act shall be construed to limit the

19 authority of a hospital pursuant to Section 65-45 of the Nurse

20 Practice Act to grant hospital clinical privileges to an

21 individual advanced practice registered nurse to select, order

22 or administer medications, including controlled substances to

23 provide services within a hospital. Nothing in this Act shall

24 be construed to limit the authority of an ambulatory surgical

25 treatment center pursuant to Section 65-45 of the Nurse

26 Practice Act to grant ambulatory surgical treatment center

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1 clinical privileges to an individual advanced practice

2 registered nurse to select, order or administer medications,

3 including controlled substances to provide services within an

4 ambulatory surgical treatment center.

5 (Source: P.A. 97-334, eff. 1-1-12.)

6 (720 ILCS 570/320)

7 Sec. 320. Advisory committee.

8 (a) There is created a Prescription Monitoring Program

9 Advisory Committee to assist the Department of Human Services

10 in implementing the Prescription Monitoring Program created by

11 this Article and to advise the Department on the professional

12 performance of prescribers and dispensers and other matters

13 germane to the advisory committee's field of competence.

14 (b) The Clinical Director of the Prescription Monitoring

15 Program shall appoint members to serve on the advisory

16 committee. The advisory committee shall be composed of

17 prescribers and dispensers as follows: 4 physicians licensed to

18 practice medicine in all its branches; one advanced practice

19 registered nurse; one physician assistant; one optometrist;

20 one dentist; one podiatric physician; and 3 pharmacists. The

21 Clinical Director of the Prescription Monitoring Program may

22 appoint a representative of an organization representing a

23 profession required to be appointed. The Clinical Director of

24 the Prescription Monitoring Program shall serve as the chair of

25 the committee.

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1 (c) The advisory committee may appoint its other officers

2 as it deems appropriate.

3 (d) The members of the advisory committee shall receive no

4 compensation for their services as members of the advisory

5 committee but may be reimbursed for their actual expenses

6 incurred in serving on the advisory committee.

7 (e) The advisory committee shall:

8 (1) provide a uniform approach to reviewing this Act in

9 order to determine whether changes should be recommended to

10 the General Assembly;

11 (2) review current drug schedules in order to manage

12 changes to the administrative rules pertaining to the

13 utilization of this Act;

14 (3) review the following: current clinical guidelines

15 developed by health care professional organizations on the

16 prescribing of opioids or other controlled substances;

17 accredited continuing education programs related to

18 prescribing and dispensing; programs or information

19 developed by health care professional organizations that

20 may be used to assess patients or help ensure compliance

21 with prescriptions; updates from the Food and Drug

22 Administration, the Centers for Disease Control and

23 Prevention, and other public and private organizations

24 which are relevant to prescribing and dispensing; relevant

25 medical studies; and other publications which involve the

26 prescription of controlled substances;

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1 (4) make recommendations for inclusion of these

2 materials or other studies which may be effective resources

3 for prescribers and dispensers on the Internet website of

4 the inquiry system established under Section 318;

5 (5) on at least a quarterly basis, review the content

6 of the Internet website of the inquiry system established

7 pursuant to Section 318 to ensure this Internet website has

8 the most current available information;

9 (6) on at least a quarterly basis, review opportunities

10 for federal grants and other forms of funding to support

11 projects which will increase the number of pilot programs

12 which integrate the inquiry system with electronic health

13 records; and

14 (7) on at least a quarterly basis, review communication

15 to be sent to all registered users of the inquiry system

16 established pursuant to Section 318, including

17 recommendations for relevant accredited continuing

18 education and information regarding prescribing and

19 dispensing.

20 (f) The Clinical Director of the Prescription Monitoring

21 Program shall select 5 members, 3 physicians and 2 pharmacists,

22 of the Prescription Monitoring Program Advisory Committee to

23 serve as members of the peer review subcommittee. The purpose

24 of the peer review subcommittee is to advise the Program on

25 matters germane to the advisory committee's field of

26 competence, establish a formal peer review of professional

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1 performance of prescribers and dispensers, and develop

2 communications to transmit to prescribers and dispensers. The

3 deliberations, information, and communications of the peer

4 review subcommittee are privileged and confidential and shall

5 not be disclosed in any manner except in accordance with

6 current law.

7 (1) The peer review subcommittee shall periodically

8 review the data contained within the prescription

9 monitoring program to identify those prescribers or

10 dispensers who may be prescribing or dispensing outside the

11 currently accepted standards in the course of their

12 professional practice.

13 (2) The peer review subcommittee may identify

14 prescribers or dispensers who may be prescribing outside

15 the currently accepted medical standards in the course of

16 their professional practice and send the identified

17 prescriber or dispenser a request for information

18 regarding their prescribing or dispensing practices. This

19 request for information shall be sent via certified mail,

20 return receipt requested. A prescriber or dispenser shall

21 have 30 days to respond to the request for information.

22 (3) The peer review subcommittee shall refer a

23 prescriber or a dispenser to the Department of Financial

24 and Professional Regulation in the following situations:

25 (i) if a prescriber or dispenser does not respond

26 to three successive requests for information;

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1 (ii) in the opinion of a majority of members of the

2 peer review subcommittee, the prescriber or dispenser

3 does not have a satisfactory explanation for the

4 practices identified by the peer review subcommittee

5 in its request for information; or

6 (iii) following communications with the peer

7 review subcommittee, the prescriber or dispenser does

8 not sufficiently rectify the practices identified in

9 the request for information in the opinion of a

10 majority of the members of the peer review

11 subcommittee.

12 (4) The Department of Financial and Professional

13 Regulation may initiate an investigation and discipline in

14 accordance with current laws and rules for any prescriber

15 or dispenser referred by the peer review subcommittee.

16 (5) The peer review subcommittee shall prepare an

17 annual report starting on July 1, 2017. This report shall

18 contain the following information: the number of times the

19 peer review subcommittee was convened; the number of

20 prescribers or dispensers who were reviewed by the peer

21 review committee; the number of requests for information

22 sent out by the peer review subcommittee; and the number of

23 prescribers or dispensers referred to the Department of

24 Financial and Professional Regulation. The annual report

25 shall be delivered electronically to the Department and to

26 the General Assembly. The report prepared by the peer

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1 review subcommittee shall not identify any prescriber,

2 dispenser, or patient.

3 (Source: P.A. 99-480, eff. 9-9-15.)

4 Section 325. The Code of Civil Procedure is amended by

5 changing Section 8-2001 as follows:

6 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)

7 Sec. 8-2001. Examination of health care records.

8 (a) In this Section:

9 "Health care facility" or "facility" means a public or

10 private hospital, ambulatory surgical treatment center,

11 nursing home, independent practice association, or physician

12 hospital organization, or any other entity where health care

13 services are provided to any person. The term does not include

14 a health care practitioner.

15 "Health care practitioner" means any health care

16 practitioner, including a physician, dentist, podiatric

17 physician, advanced practice registered nurse, physician

18 assistant, clinical psychologist, or clinical social worker.

19 The term includes a medical office, health care clinic, health

20 department, group practice, and any other organizational

21 structure for a licensed professional to provide health care

22 services. The term does not include a health care facility.

23 (b) Every private and public health care facility shall,

24 upon the request of any patient who has been treated in such

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1 health care facility, or any person, entity, or organization

2 presenting a valid authorization for the release of records

3 signed by the patient or the patient's legally authorized

4 representative, or as authorized by Section 8-2001.5, permit

5 the patient, his or her health care practitioner, authorized

6 attorney, or any person, entity, or organization presenting a

7 valid authorization for the release of records signed by the

8 patient or the patient's legally authorized representative to

9 examine the health care facility patient care records,

10 including but not limited to the history, bedside notes,

11 charts, pictures and plates, kept in connection with the

12 treatment of such patient, and permit copies of such records to

13 be made by him or her or his or her health care practitioner or

14 authorized attorney.

15 (c) Every health care practitioner shall, upon the request

16 of any patient who has been treated by the health care

17 practitioner, or any person, entity, or organization

18 presenting a valid authorization for the release of records

19 signed by the patient or the patient's legally authorized

20 representative, permit the patient and the patient's health

21 care practitioner or authorized attorney, or any person,

22 entity, or organization presenting a valid authorization for

23 the release of records signed by the patient or the patient's

24 legally authorized representative, to examine and copy the

25 patient's records, including but not limited to those relating

26 to the diagnosis, treatment, prognosis, history, charts,

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1 pictures and plates, kept in connection with the treatment of

2 such patient.

3 (d) A request for copies of the records shall be in writing

4 and shall be delivered to the administrator or manager of such

5 health care facility or to the health care practitioner. The

6 person (including patients, health care practitioners and

7 attorneys) requesting copies of records shall reimburse the

8 facility or the health care practitioner at the time of such

9 copying for all reasonable expenses, including the costs of

10 independent copy service companies, incurred in connection

11 with such copying not to exceed a $20 handling charge for

12 processing the request and the actual postage or shipping

13 charge, if any, plus: (1) for paper copies 75 cents per page

14 for the first through 25th pages, 50 cents per page for the

15 26th through 50th pages, and 25 cents per page for all pages in

16 excess of 50 (except that the charge shall not exceed $1.25 per

17 page for any copies made from microfiche or microfilm; records

18 retrieved from scanning, digital imaging, electronic

19 information or other digital format do not qualify as

20 microfiche or microfilm retrieval for purposes of calculating

21 charges); and (2) for electronic records, retrieved from a

22 scanning, digital imaging, electronic information or other

23 digital format in an electronic document, a charge of 50% of

24 the per page charge for paper copies under subdivision (d)(1).

25 This per page charge includes the cost of each CD Rom, DVD, or

26 other storage media. Records already maintained in an

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1 electronic or digital format shall be provided in an electronic

2 format when so requested. If the records system does not allow

3 for the creation or transmission of an electronic or digital

4 record, then the facility or practitioner shall inform the

5 requester in writing of the reason the records can not be

6 provided electronically. The written explanation may be

7 included with the production of paper copies, if the requester

8 chooses to order paper copies. These rates shall be

9 automatically adjusted as set forth in Section 8-2006. The

10 facility or health care practitioner may, however, charge for

11 the reasonable cost of all duplication of record material or

12 information that cannot routinely be copied or duplicated on a

13 standard commercial photocopy machine such as x-ray films or

14 pictures.

15 (d-5) The handling fee shall not be collected from the

16 patient or the patient's personal representative who obtains

17 copies of records under Section 8-2001.5.

18 (e) The requirements of this Section shall be satisfied

19 within 30 days of the receipt of a written request by a patient

20 or by his or her legally authorized representative, health care

21 practitioner, authorized attorney, or any person, entity, or

22 organization presenting a valid authorization for the release

23 of records signed by the patient or the patient's legally

24 authorized representative. If the facility or health care

25 practitioner needs more time to comply with the request, then

26 within 30 days after receiving the request, the facility or

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1 health care practitioner must provide the requesting party with

2 a written statement of the reasons for the delay and the date

3 by which the requested information will be provided. In any

4 event, the facility or health care practitioner must provide

5 the requested information no later than 60 days after receiving

6 the request.

7 (f) A health care facility or health care practitioner must

8 provide the public with at least 30 days prior notice of the

9 closure of the facility or the health care practitioner's

10 practice. The notice must include an explanation of how copies

11 of the facility's records may be accessed by patients. The

12 notice may be given by publication in a newspaper of general

13 circulation in the area in which the health care facility or

14 health care practitioner is located.

15 (g) Failure to comply with the time limit requirement of

16 this Section shall subject the denying party to expenses and

17 reasonable attorneys' fees incurred in connection with any

18 court ordered enforcement of the provisions of this Section.

19 (Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12;

20 98-214, eff. 8-9-13; 98-756, eff. 7-16-14.)

21 Section 330. The Good Samaritan Act is amended by changing

22 Sections 30, 34, and 68 as follows:

23 (745 ILCS 49/30)

24 Sec. 30. Free medical clinic; exemption from civil

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1 liability for services performed without compensation.

2 (a) A person licensed under the Medical Practice Act of

3 1987, a person licensed to practice the treatment of human

4 ailments in any other state or territory of the United States,

5 or a health care professional, including but not limited to an

6 advanced practice registerednurse, physician assistant,

7 nurse, pharmacist, physical therapist, podiatric physician, or

8 social worker licensed in this State or any other state or

9 territory of the United States, who, in good faith, provides

10 medical treatment, diagnosis, or advice as a part of the

11 services of an established free medical clinic providing care

12 to medically indigent patients which is limited to care that

13 does not require the services of a licensed hospital or

14 ambulatory surgical treatment center and who receives no fee or

15 compensation from that source shall not be liable for civil

16 damages as a result of his or her acts or omissions in

17 providing that medical treatment, except for willful or wanton

18 misconduct.

19 (b) For purposes of this Section, a "free medical clinic"

20 is:

21 (1) an organized community based program providing

22 medical care without charge to individuals unable to pay

23 for it, at which the care provided does not include the use

24 of general anesthesia or require an overnight stay in a

25 health-care facility; or

26 (2) a program organized by a certified local health

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1 department pursuant to Part 600 of Title 77 of the Illinois

2 Administrative Code, utilizing health professional members

3 of the Volunteer Medical Reserve Corps (the federal

4 organization under 42 U.S.C. 300hh-15) providing medical

5 care without charge to individuals unable to pay for it, at

6 which the care provided does not include an overnight stay

7 in a health-care facility.

8 (c) The provisions of subsection (a) of this Section do not

9 apply to a particular case unless the free medical clinic has

10 posted in a conspicuous place on its premises an explanation of

11 the exemption from civil liability provided herein.

12 (d) The immunity from civil damages provided under

13 subsection (a) also applies to physicians, hospitals, and other

14 health care providers that provide further medical treatment,

15 diagnosis, or advice to a patient upon referral from an

16 established free medical clinic without fee or compensation.

17 (e) Nothing in this Section prohibits a free medical clinic

18 from accepting voluntary contributions for medical services

19 provided to a patient who has acknowledged his or her ability

20 and willingness to pay a portion of the value of the medical

21 services provided.

22 Any voluntary contribution collected for providing care at

23 a free medical clinic shall be used only to pay overhead

24 expenses of operating the clinic. No portion of any moneys

25 collected shall be used to provide a fee or other compensation

26 to any person licensed under Medical Practice Act of 1987.

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1 (f) The changes to this Section made by this amendatory Act

2 of the 99th General Assembly apply only to causes of action

3 accruing on or after the effective date of this amendatory Act

4 of the 99th General Assembly.

5 (Source: P.A. 98-214, eff. 8-9-13; 99-42, eff. 1-1-16.)

6 (745 ILCS 49/34)

7 Sec. 34. Advanced practice registered nurse; exemption

8 from civil liability for emergency care. A person licensed as

9 an advanced practice registerednurse under the Nurse Practice

10 Act who in good faith provides emergency care without fee to a

11 person shall not be liable for civil damages as a result of his

12 or her acts or omissions, except for willful or wanton

13 misconduct on the part of the person in providing the care.

14 (Source: P.A. 95-639, eff. 10-5-07.)

15 (745 ILCS 49/68)

16 Sec. 68. Disaster Relief Volunteers. Any firefighter,

17 licensed emergency medical technician (EMT) as defined by

18 Section 3.50 of the Emergency Medical Services (EMS) Systems

19 Act, physician, dentist, podiatric physician, optometrist,

20 pharmacist, advanced practice registered nurse, physician

21 assistant, or nurse who in good faith and without fee or

22 compensation provides health care services as a disaster relief

23 volunteer shall not, as a result of his or her acts or

24 omissions, except willful and wanton misconduct on the part of

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1 the person, in providing health care services, be liable to a

2 person to whom the health care services are provided for civil

3 damages. This immunity applies to health care services that are

4 provided without fee or compensation during or within 10 days

5 following the end of a disaster or catastrophic event.

6 The immunity provided in this Section only applies to a

7 disaster relief volunteer who provides health care services in

8 relief of an earthquake, hurricane, tornado, nuclear attack,

9 terrorist attack, epidemic, or pandemic without fee or

10 compensation for providing the volunteer health care services.

11 The provisions of this Section shall not apply to any

12 health care facility as defined in Section 8-2001 of the Code

13 of Civil Procedure or to any practitioner, who is not a

14 disaster relief volunteer, providing health care services in a

15 hospital or health care facility.

16 (Source: P.A. 98-214, eff. 8-9-13.)

17 Section 335. The Health Care Surrogate Act is amended by

18 changing Section 65 as follows:

19 (755 ILCS 40/65)

20 Sec. 65. Department of Public Health Uniform POLST form.

21 (a) An individual of sound mind and having reached the age

22 of majority or having obtained the status of an emancipated

23 person pursuant to the Emancipation of Minors Act may execute a

24 document (consistent with the Department of Public Health

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1 Uniform POLST form described in Section 2310-600 of the

2 Department of Public Health Powers and Duties Law of the Civil

3 Administrative Code of Illinois) directing that resuscitating

4 efforts shall not be implemented. Such a document may also be

5 executed by an attending health care practitioner. If more than

6 one practitioner shares that responsibility, any of the

7 attending health care practitioners may act under this Section.

8 Notwithstanding the existence of a do-not-resuscitate (DNR)

9 order or Department of Public Health Uniform POLST form,

10 appropriate organ donation treatment may be applied or

11 continued temporarily in the event of the patient's death, in

12 accordance with subsection (g) of Section 20 of this Act, if

13 the patient is an organ donor.

14 (a-5) Execution of a Department of Public Health Uniform

15 POLST form is voluntary; no person can be required to execute

16 either form. A person who has executed a Department of Public

17 Health Uniform POLST form should review the form annually and

18 when the person's condition changes.

19 (b) Consent to a Department of Public Health Uniform POLST

20 form may be obtained from the individual, or from another

21 person at the individual's direction, or from the individual's

22 legal guardian, agent under a power of attorney for health

23 care, or surrogate decision maker, and witnessed by one

24 individual 18 years of age or older, who attests that the

25 individual, other person, guardian, agent, or surrogate (1) has

26 had an opportunity to read the form; and (2) has signed the

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1 form or acknowledged his or her signature or mark on the form

2 in the witness's presence.

3 (b-5) As used in this Section, "attending health care

4 practitioner" means an individual who (1) is an Illinois

5 licensed physician, advanced practice registered nurse,

6 physician assistant, or licensed resident after completion of

7 one year in a program; (2) is selected by or assigned to the

8 patient; and (3) has primary responsibility for treatment and

9 care of the patient. "POLST" means practitioner orders for

10 life-sustaining treatments.

11 (c) Nothing in this Section shall be construed to affect

12 the ability of an individual to include instructions in an

13 advance directive, such as a power of attorney for health care.

14 The uniform form may, but need not, be in the form adopted by

15 the Department of Public Health pursuant to Section 2310-600 of

16 the Department of Public Health Powers and Duties Law (20 ILCS

17 2310/2310-600).

18 (d) A health care professional or health care provider may

19 presume, in the absence of knowledge to the contrary, that a

20 completed Department of Public Health Uniform POLST form, or a

21 copy of that form or a previous version of the uniform form, is

22 valid. A health care professional or health care provider, or

23 an employee of a health care professional or health care

24 provider, who in good faith complies with a cardiopulmonary

25 resuscitation (CPR) or life-sustaining treatment order,

26 Department of Public Health Uniform POLST form, or a previous

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1 version of the uniform form made in accordance with this Act is

2 not, as a result of that compliance, subject to any criminal or

3 civil liability, except for willful and wanton misconduct, and

4 may not be found to have committed an act of unprofessional

5 conduct.

6 (e) Nothing in this Section or this amendatory Act of the

7 94th General Assembly or this amendatory Act of the 98th

8 General Assembly shall be construed to affect the ability of a

9 physician or other practitioner to make a do-not-resuscitate

10 order.

11 (Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.)

12 Section 340. The Illinois Power of Attorney Act is amended

13 by changing Sections 4-5.1 and 4-10 as follows:

14 (755 ILCS 45/4-5.1)

15 Sec. 4-5.1. Limitations on who may witness health care

16 agencies.

17 (a) Every health care agency shall bear the signature of a

18 witness to the signing of the agency. No witness may be under

19 18 years of age. None of the following licensed professionals

20 providing services to the principal may serve as a witness to

21 the signing of a health care agency:

22 (1) the attending physician, advanced practice

23 registered nurse, physician assistant, dentist, podiatric

24 physician, optometrist, or psychologist of the principal,

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1 or a relative of the physician, advanced practice

2 registered nurse, physician assistant, dentist, podiatric

3 physician, optometrist, or psychologist;

4 (2) an owner, operator, or relative of an owner or

5 operator of a health care facility in which the principal

6 is a patient or resident;

7 (3) a parent, sibling, or descendant, or the spouse of

8 a parent, sibling, or descendant, of either the principal

9 or any agent or successor agent, regardless of whether the

10 relationship is by blood, marriage, or adoption;

11 (4) an agent or successor agent for health care.

12 (b) The prohibition on the operator of a health care

13 facility from serving as a witness shall extend to directors

14 and executive officers of an operator that is a corporate

15 entity but not other employees of the operator such as, but not

16 limited to, non-owner chaplains or social workers, nurses, and

17 other employees.

18 (Source: P.A. 98-1113, eff. 1-1-15; 99-328, eff. 1-1-16.)

19 (755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)

20 Sec. 4-10. Statutory short form power of attorney for

21 health care.

22 (a) The form prescribed in this Section (sometimes also

23 referred to in this Act as the "statutory health care power")

24 may be used to grant an agent powers with respect to the

25 principal's own health care; but the statutory health care

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1 power is not intended to be exclusive nor to cover delegation

2 of a parent's power to control the health care of a minor

3 child, and no provision of this Article shall be construed to

4 invalidate or bar use by the principal of any other or

5 different form of power of attorney for health care.

6 Nonstatutory health care powers must be executed by the

7 principal, designate the agent and the agent's powers, and

8 comply with the limitations in Section 4-5 of this Article, but

9 they need not be witnessed or conform in any other respect to

10 the statutory health care power.

11 No specific format is required for the statutory health

12 care power of attorney other than the notice must precede the

13 form. The statutory health care power may be included in or

14 combined with any other form of power of attorney governing

15 property or other matters.

16 (b) The Illinois Statutory Short Form Power of Attorney for

17 Health Care shall be substantially as follows:

18 NOTICE TO THE INDIVIDUAL SIGNING

19 THE POWER OF ATTORNEY FOR HEALTH CARE

20 No one can predict when a serious illness or accident might

21 occur. When it does, you may need someone else to speak or make

22 health care decisions for you. If you plan now, you can

23 increase the chances that the medical treatment you get will be

24 the treatment you want.

25 In Illinois, you can choose someone to be your "health care

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1 agent". Your agent is the person you trust to make health care

2 decisions for you if you are unable or do not want to make them

3 yourself. These decisions should be based on your personal

4 values and wishes.

5 It is important to put your choice of agent in writing. The

6 written form is often called an "advance directive". You may

7 use this form or another form, as long as it meets the legal

8 requirements of Illinois. There are many written and on-line

9 resources to guide you and your loved ones in having a

10 conversation about these issues. You may find it helpful to

11 look at these resources while thinking about and discussing

12 your advance directive.

13 WHAT ARE THE THINGS I WANT MY

14 HEALTH CARE AGENT TO KNOW?

15 The selection of your agent should be considered carefully,

16 as your agent will have the ultimate decision making authority

17 once this document goes into effect, in most instances after

18 you are no longer able to make your own decisions. While the

19 goal is for your agent to make decisions in keeping with your

20 preferences and in the majority of circumstances that is what

21 happens, please know that the law does allow your agent to make

22 decisions to direct or refuse health care interventions or

23 withdraw treatment. Your agent will need to think about

24 conversations you have had, your personality, and how you

25 handled important health care issues in the past. Therefore, it

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1 is important to talk with your agent and your family about such

2 things as:

3 (i) What is most important to you in your life?

4 (ii) How important is it to you to avoid pain and

5 suffering?

6 (iii) If you had to choose, is it more important to you

7 to live as long as possible, or to avoid prolonged

8 suffering or disability?

9 (iv) Would you rather be at home or in a hospital for

10 the last days or weeks of your life?

11 (v) Do you have religious, spiritual, or cultural

12 beliefs that you want your agent and others to consider?

13 (vi) Do you wish to make a significant contribution to

14 medical science after your death through organ or whole

15 body donation?

16 (vii) Do you have an existing advanced directive, such

17 as a living will, that contains your specific wishes about

18 health care that is only delaying your death? If you have

19 another advance directive, make sure to discuss with your

20 agent the directive and the treatment decisions contained

21 within that outline your preferences. Make sure that your

22 agent agrees to honor the wishes expressed in your advance

23 directive.

24 WHAT KIND OF DECISIONS CAN MY AGENT MAKE?

25 If there is ever a period of time when your physician

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1 determines that you cannot make your own health care decisions,

2 or if you do not want to make your own decisions, some of the

3 decisions your agent could make are to:

4 (i) talk with physicians and other health care

5 providers about your condition.

6 (ii) see medical records and approve who else can see

7 them.

8 (iii) give permission for medical tests, medicines,

9 surgery, or other treatments.

10 (iv) choose where you receive care and which physicians

11 and others provide it.

12 (v) decide to accept, withdraw, or decline treatments

13 designed to keep you alive if you are near death or not

14 likely to recover. You may choose to include guidelines

15 and/or restrictions to your agent's authority.

16 (vi) agree or decline to donate your organs or your

17 whole body if you have not already made this decision

18 yourself. This could include donation for transplant,

19 research, and/or education. You should let your agent know

20 whether you are registered as a donor in the First Person

21 Consent registry maintained by the Illinois Secretary of

22 State or whether you have agreed to donate your whole body

23 for medical research and/or education.

24 (vii) decide what to do with your remains after you

25 have died, if you have not already made plans.

26 (viii) talk with your other loved ones to help come to

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1 a decision (but your designated agent will have the final

2 say over your other loved ones).

3 Your agent is not automatically responsible for your health

4 care expenses.

5 WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?

6 You can pick a family member, but you do not have to. Your

7 agent will have the responsibility to make medical treatment

8 decisions, even if other people close to you might urge a

9 different decision. The selection of your agent should be done

10 carefully, as he or she will have ultimate decision-making

11 authority for your treatment decisions once you are no longer

12 able to voice your preferences. Choose a family member, friend,

13 or other person who:

14 (i) is at least 18 years old;

15 (ii) knows you well;

16 (iii) you trust to do what is best for you and is

17 willing to carry out your wishes, even if he or she may not

18 agree with your wishes;

19 (iv) would be comfortable talking with and questioning

20 your physicians and other health care providers;

21 (v) would not be too upset to carry out your wishes if

22 you became very sick; and

23 (vi) can be there for you when you need it and is

24 willing to accept this important role.

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1 WHAT IF MY AGENT IS NOT AVAILABLE OR IS

2 UNWILLING TO MAKE DECISIONS FOR ME?

3 If the person who is your first choice is unable to carry

4 out this role, then the second agent you chose will make the

5 decisions; if your second agent is not available, then the

6 third agent you chose will make the decisions. The second and

7 third agents are called your successor agents and they function

8 as back-up agents to your first choice agent and may act only

9 one at a time and in the order you list them.

10 WHAT WILL HAPPEN IF I DO NOT

11 CHOOSE A HEALTH CARE AGENT?

12 If you become unable to make your own health care decisions

13 and have not named an agent in writing, your physician and

14 other health care providers will ask a family member, friend,

15 or guardian to make decisions for you. In Illinois, a law

16 directs which of these individuals will be consulted. In that

17 law, each of these individuals is called a "surrogate".

18 There are reasons why you may want to name an agent rather

19 than rely on a surrogate:

20 (i) The person or people listed by this law may not be

21 who you would want to make decisions for you.

22 (ii) Some family members or friends might not be able

23 or willing to make decisions as you would want them to.

24 (iii) Family members and friends may disagree with one

25 another about the best decisions.

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1 (iv) Under some circumstances, a surrogate may not be

2 able to make the same kinds of decisions that an agent can

3 make.

4 WHAT IF THERE IS NO ONE AVAILABLE

5 WHOM I TRUST TO BE MY AGENT?

6 In this situation, it is especially important to talk to

7 your physician and other health care providers and create

8 written guidance about what you want or do not want, in case

9 you are ever critically ill and cannot express your own wishes.

10 You can complete a living will. You can also write your wishes

11 down and/or discuss them with your physician or other health

12 care provider and ask him or her to write it down in your

13 chart. You might also want to use written or on-line resources

14 to guide you through this process.

15 WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?

16 Follow these instructions after you have completed the

17 form:

18 (i) Sign the form in front of a witness. See the form

19 for a list of who can and cannot witness it.

20 (ii) Ask the witness to sign it, too.

21 (iii) There is no need to have the form notarized.

22 (iv) Give a copy to your agent and to each of your

23 successor agents.

24 (v) Give another copy to your physician.

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1 (vi) Take a copy with you when you go to the hospital.

2 (vii) Show it to your family and friends and others who

3 care for you.

4 WHAT IF I CHANGE MY MIND?

5 You may change your mind at any time. If you do, tell

6 someone who is at least 18 years old that you have changed your

7 mind, and/or destroy your document and any copies. If you wish,

8 fill out a new form and make sure everyone you gave the old

9 form to has a copy of the new one, including, but not limited

10 to, your agents and your physicians.

11 WHAT IF I DO NOT WANT TO USE THIS FORM?

12 In the event you do not want to use the Illinois statutory

13 form provided here, any document you complete must be executed

14 by you, designate an agent who is over 18 years of age and not

15 prohibited from serving as your agent, and state the agent's

16 powers, but it need not be witnessed or conform in any other

17 respect to the statutory health care power.

18 If you have questions about the use of any form, you may

19 want to consult your physician, other health care provider,

20 and/or an attorney.

21 MY POWER OF ATTORNEY FOR HEALTH CARE

22 THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY

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1 FOR HEALTH CARE. (You must sign this form and a witness must

2 also sign it before it is valid)

3 My name (Print your full name):..........

4 My address:..................................................

5 I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT

6 (an agent is your personal representative under state and

7 federal law):

8 (Agent name).................

9 (Agent address).............

10 (Agent phone number).........................................

11 (Please check box if applicable) .... If a guardian of my

12 person is to be appointed, I nominate the agent acting under

13 this power of attorney as guardian.

14 SUCCESSOR HEALTH CARE AGENT(S) (optional):

15 If the agent I selected is unable or does not want to make

16 health care decisions for me, then I request the person(s) I

17 name below to be my successor health care agent(s). Only one

18 person at a time can serve as my agent (add another page if you

19 want to add more successor agent names):

20 .....................

21 (Successor agent #1 name, address and phone number)

22 ..........

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1 (Successor agent #2 name, address and phone number)

2 MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:

3 (i) Deciding to accept, withdraw or decline treatment

4 for any physical or mental condition of mine, including

5 life-and-death decisions.

6 (ii) Agreeing to admit me to or discharge me from any

7 hospital, home, or other institution, including a mental

8 health facility.

9 (iii) Having complete access to my medical and mental

10 health records, and sharing them with others as needed,

11 including after I die.

12 (iv) Carrying out the plans I have already made, or, if

13 I have not done so, making decisions about my body or

14 remains, including organ, tissue or whole body donation,

15 autopsy, cremation, and burial.

16 The above grant of power is intended to be as broad as

17 possible so that my agent will have the authority to make any

18 decision I could make to obtain or terminate any type of health

19 care, including withdrawal of nutrition and hydration and other

20 life-sustaining measures.

21 I AUTHORIZE MY AGENT TO (please check any one box):

22 .... Make decisions for me only when I cannot make them for

23 myself. The physician(s) taking care of me will determine

24 when I lack this ability.

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1 (If no box is checked, then the box above shall be

2 implemented.) OR

3 .... Make decisions for me only when I cannot make them for

4 myself. The physician(s) taking care of me will determine

5 when I lack this ability. Starting now, for the purpose of

6 assisting me with my health care plans and decisions, my

7 agent shall have complete access to my medical and mental

8 health records, the authority to share them with others as

9 needed, and the complete ability to communicate with my

10 personal physician(s) and other health care providers,

11 including the ability to require an opinion of my physician

12 as to whether I lack the ability to make decisions for

13 myself. OR

14 .... Make decisions for me starting now and continuing

15 after I am no longer able to make them for myself. While I

16 am still able to make my own decisions, I can still do so

17 if I want to.

18 The subject of life-sustaining treatment is of particular

19 importance. Life-sustaining treatments may include tube

20 feedings or fluids through a tube, breathing machines, and CPR.

21 In general, in making decisions concerning life-sustaining

22 treatment, your agent is instructed to consider the relief of

23 suffering, the quality as well as the possible extension of

24 your life, and your previously expressed wishes. Your agent

25 will weigh the burdens versus benefits of proposed treatments

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1 in making decisions on your behalf.

2 Additional statements concerning the withholding or

3 removal of life-sustaining treatment are described below.

4 These can serve as a guide for your agent when making decisions

5 for you. Ask your physician or health care provider if you have

6 any questions about these statements.

7 SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR WISHES

8 (optional):

9 .... The quality of my life is more important than the

10 length of my life. If I am unconscious and my attending

11 physician believes, in accordance with reasonable medical

12 standards, that I will not wake up or recover my ability to

13 think, communicate with my family and friends, and

14 experience my surroundings, I do not want treatments to

15 prolong my life or delay my death, but I do want treatment

16 or care to make me comfortable and to relieve me of pain.

17 .... Staying alive is more important to me, no matter how

18 sick I am, how much I am suffering, the cost of the

19 procedures, or how unlikely my chances for recovery are. I

20 want my life to be prolonged to the greatest extent

21 possible in accordance with reasonable medical standards.

22 SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:

23 The above grant of power is intended to be as broad as

24 possible so that your agent will have the authority to make any

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1 decision you could make to obtain or terminate any type of

2 health care. If you wish to limit the scope of your agent's

3 powers or prescribe special rules or limit the power to

4 authorize autopsy or dispose of remains, you may do so

5 specifically in this form.

6 ..................................

7 ..............................

8 My signature:..................

9 Today's date:................................................

10 HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN

11 COMPLETE THE SIGNATURE PORTION:

12 I am at least 18 years old. (check one of the options

13 below):

14 .... I saw the principal sign this document, or

15 .... the principal told me that the signature or mark on

16 the principal signature line is his or hers.

17 I am not the agent or successor agent(s) named in this

18 document. I am not related to the principal, the agent, or the

19 successor agent(s) by blood, marriage, or adoption. I am not

20 the principal's physician, advanced practice registered nurse,

21 dentist, podiatric physician, optometrist, psychologist, or a

22 relative of one of those individuals. I am not an owner or

23 operator (or the relative of an owner or operator) of the

24 health care facility where the principal is a patient or

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1 resident.

2 Witness printed name:............

3 Witness address:..............

4 Witness signature:...............

5 Today's date:................................................

6 (c) The statutory short form power of attorney for health

7 care (the "statutory health care power") authorizes the agent

8 to make any and all health care decisions on behalf of the

9 principal which the principal could make if present and under

10 no disability, subject to any limitations on the granted powers

11 that appear on the face of the form, to be exercised in such

12 manner as the agent deems consistent with the intent and

13 desires of the principal. The agent will be under no duty to

14 exercise granted powers or to assume control of or

15 responsibility for the principal's health care; but when

16 granted powers are exercised, the agent will be required to use

17 due care to act for the benefit of the principal in accordance

18 with the terms of the statutory health care power and will be

19 liable for negligent exercise. The agent may act in person or

20 through others reasonably employed by the agent for that

21 purpose but may not delegate authority to make health care

22 decisions. The agent may sign and deliver all instruments,

23 negotiate and enter into all agreements and do all other acts

24 reasonably necessary to implement the exercise of the powers

25 granted to the agent. Without limiting the generality of the

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1 foregoing, the statutory health care power shall include the

2 following powers, subject to any limitations appearing on the

3 face of the form:

4 (1) The agent is authorized to give consent to and

5 authorize or refuse, or to withhold or withdraw consent to,

6 any and all types of medical care, treatment or procedures

7 relating to the physical or mental health of the principal,

8 including any medication program, surgical procedures,

9 life-sustaining treatment or provision of food and fluids

10 for the principal.

11 (2) The agent is authorized to admit the principal to

12 or discharge the principal from any and all types of

13 hospitals, institutions, homes, residential or nursing

14 facilities, treatment centers and other health care

15 institutions providing personal care or treatment for any

16 type of physical or mental condition. The agent shall have

17 the same right to visit the principal in the hospital or

18 other institution as is granted to a spouse or adult child

19 of the principal, any rule of the institution to the

20 contrary notwithstanding.

21 (3) The agent is authorized to contract for any and all

22 types of health care services and facilities in the name of

23 and on behalf of the principal and to bind the principal to

24 pay for all such services and facilities, and to have and

25 exercise those powers over the principal's property as are

26 authorized under the statutory property power, to the

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1 extent the agent deems necessary to pay health care costs;

2 and the agent shall not be personally liable for any

3 services or care contracted for on behalf of the principal.

4 (4) At the principal's expense and subject to

5 reasonable rules of the health care provider to prevent

6 disruption of the principal's health care, the agent shall

7 have the same right the principal has to examine and copy

8 and consent to disclosure of all the principal's medical

9 records that the agent deems relevant to the exercise of

10 the agent's powers, whether the records relate to mental

11 health or any other medical condition and whether they are

12 in the possession of or maintained by any physician,

13 psychiatrist, psychologist, therapist, hospital, nursing

14 home or other health care provider. The authority under

15 this paragraph (4) applies to any information governed by

16 the Health Insurance Portability and Accountability Act of

17 1996 ("HIPAA") and regulations thereunder. The agent

18 serves as the principal's personal representative, as that

19 term is defined under HIPAA and regulations thereunder.

20 (5) The agent is authorized: to direct that an autopsy

21 be made pursuant to Section 2 of "An Act in relation to

22 autopsy of dead bodies", approved August 13, 1965,

23 including all amendments; to make a disposition of any part

24 or all of the principal's body pursuant to the Illinois

25 Anatomical Gift Act, as now or hereafter amended; and to

26 direct the disposition of the principal's remains.

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1 (6) At any time during which there is no executor or

2 administrator appointed for the principal's estate, the

3 agent is authorized to continue to pursue an application or

4 appeal for government benefits if those benefits were

5 applied for during the life of the principal.

6 (d) A physician may determine that the principal is unable

7 to make health care decisions for himself or herself only if

8 the principal lacks decisional capacity, as that term is

9 defined in Section 10 of the Health Care Surrogate Act.

10 (e) If the principal names the agent as a guardian on the

11 statutory short form, and if a court decides that the

12 appointment of a guardian will serve the principal's best

13 interests and welfare, the court shall appoint the agent to

14 serve without bond or security.

15 (Source: P.A. 98-1113, eff. 1-1-15; 99-328, eff. 1-1-16.)

16 Section 995. No acceleration or delay. Where this Act makes

17 changes in a statute that is represented in this Act by text

18 that is not yet or no longer in effect (for example, a Section

19 represented by multiple versions), the use of that text does

20 not accelerate or delay the taking effect of (i) the changes

21 made by this Act or (ii) provisions derived from any other

22 Public Act.

23 Section 999. Effective date. This Act takes effect upon

24 becoming law.".