Public Act 93-0182
SB1117 Enrolled LRB093 05975 DRH 11348 b
AN ACT in relation to physician assistants and advance
practice nurses.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Identification Card Act is
amended by changing Section 4 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification Card.
(a) The Secretary of State shall issue a standard
Illinois Identification Card to any natural person who is a
resident of the State of Illinois who applies for such card,
or renewal thereof, or who applies for a standard Illinois
Identification Card upon release as a committed person on
parole, mandatory supervised release, final discharge, or
pardon from the Department of Corrections by submitting an
identification card issued by the Department of Corrections
under Section 3-14-1 of the Unified Code of Corrections,
together with the prescribed fees. The card shall be
prepared and supplied by the Secretary of State and shall
include a photograph of the applicant. The applicant, upon
receipt of a card and prior to its use for any purpose, shall
affix his signature thereon in the space provided therefor.
The Illinois Identification Card may be used for
identification purposes in any lawful situation only by the
person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification
card. As used in this Act, "signature" means the name of a
person as written by that person and captured in a manner
acceptable to the Secretary of State.
(b) The Secretary of State shall issue a special
Illinois Identification Card, which shall be known as an
Illinois Disabled Person Identification Card, to any natural
person who is a resident of the State of Illinois, who is a
disabled person as defined in Section 4A of this Act, who
applies for such card, or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall
be prepared and supplied by the Secretary of State, and shall
include a photograph of the applicant, a designation
indicating that the card is an Illinois Disabled Person
Identification Card, and shall include a comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A of this Act. If the
applicant so requests, the card shall include a description
of the applicant's disability and any information about the
applicant's disability or medical history which the Secretary
determines would be helpful to the applicant in securing
emergency medical care. The applicant, upon receipt of such
a card and prior to its use for any purpose, shall have
affixed thereon in the space provided therefor his signature
or mark. If a mark is used in lieu of a signature, such mark
shall be affixed to the card in the presence of two witnesses
who attest to the authenticity of the mark. The Illinois
Disabled Person Identification Card may be used for
identification purposes in any lawful situation by the person
to whom it was issued.
The Illinois Disabled Person Identification Card may be
used as adequate documentation of disability in lieu of a
physician's determination of disability, a determination of
disability from a physician assistant who has been delegated
the authority to make this determination by his or her
supervising physician, a determination of disability from an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this determination, or any
other documentation of disability whenever any State law
requires that a disabled person provide such documentation of
disability, however an Illinois Disabled Person
Identification Card shall not qualify the cardholder to
participate in any program or to receive any benefit which is
not available to all persons with like disabilities.
Notwithstanding any other provisions of law, an Illinois
Disabled Person Identification Card, or evidence that the
Secretary of State has issued an Illinois Disabled Person
Identification Card, shall not be used by any person other
than the person named on such card to prove that the person
named on such card is a disabled person or for any other
purpose unless the card is used for the benefit of the person
named on such card, and the person named on such card
consents to such use at the time the card is so used.
When medical information is contained on an Illinois
Disabled Person Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
(c) Beginning January 1, 1986, the Secretary of State
shall provide that each original or renewal Illinois
Identification Card or Illinois Disabled Person
Identification Card issued to a person under the age of 21,
shall be of a distinct nature from those Illinois
Identification Cards or Illinois Disabled Person
Identification Cards issued to individuals 21 years of age or
older. The color designated for Illinois Identification Cards
or Illinois Disabled Person Identification Cards for persons
under the age of 21 shall be at the discretion of the
Secretary of State.
(c-1) Beginning January 1, 2003, each original or
renewal Illinois Identification Card or Illinois Disabled
Person Identification Card issued to a person under the age
of 21 shall display the date upon which the person becomes 18
years of age and the date upon which the person becomes 21
years of age.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall
be issued in every county and applications shall be made
available at, but not limited to, nutrition sites, senior
citizen centers and Area Agencies on Aging. The applicant,
upon receipt of such card and prior to its use for any
purpose, shall have affixed thereon in the space provided
therefor his signature or mark.
(Source: P.A. 92-240, eff. 1-1-02; 92-689, eff. 1-1-03.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 1-159.1 and 3-616 as follows:
(625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)
Sec. 1-159.1. Person with disabilities. A natural person
who, as determined by a licensed physician, by a physician
assistant who has been delegated the authority to make this
determination by his or her supervising physician, or by an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this determination: (1)
cannot walk without the use of, or assistance from, a brace,
cane, crutch, another person, prosthetic device, wheelchair,
or other assistive device; (2) is restricted by lung disease
to such an extent that his or her forced (respiratory)
expiratory volume for one second, when measured by
spirometry, is less than one liter, or the arterial oxygen
tension is less than 60 mm/hg on room air at rest; (3) uses
portable oxygen; (4) has a cardiac condition to the extent
that the person's functional limitations are classified in
severity as Class III or Class IV, according to standards set
by the American Heart Association; (5) is severely limited in
the person's ability to walk due to an arthritic,
neurological, or orthopedic condition; or (6) cannot walk 200
feet without stopping to rest because of one of the above 5
conditions.
(Source: P.A. 92-411, eff. 1-1-02.)
(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
Sec. 3-616. Person with disabilities license plates.
(a) Upon receiving an application for a certificate of
registration for a motor vehicle of the first division or for
a motor vehicle of the second division weighing no more than
8,000 pounds, accompanied with payment of the registration
fees required under this Code from a person with disabilities
or a person who is deaf or hard of hearing, the Secretary of
State, if so requested, shall issue to such person
registration plates as provided for in Section 3-611,
provided that the person with disabilities or person who is
deaf or hard of hearing must not be disqualified from
obtaining a driver's license under subsection 8 of Section
6-103 of this Code, and further provided that any person
making such a request must submit a statement, certified by a
licensed physician, by a physician assistant who has been
delegated the authority to make this certification by his or
her supervising physician, or by an advanced practice nurse
who has a written collaborative agreement with a
collaborating physician that authorizes the advanced practice
nurse to make this certification, to the effect that such
person is a person with disabilities as defined by Section
1-159.1 of this Code, or alternatively provide adequate
documentation that such person has a Class 1A, Class 2A or
Type Four disability under the provisions of Section 4A of
the Illinois Identification Card Act. For purposes of this
Section, an Illinois Disabled Person Identification Card
issued pursuant to the Illinois Identification Card Act
indicating that the person thereon named has a disability
shall be adequate documentation of such a disability.
(b) The Secretary shall issue plates under this Section
to a parent or legal guardian of a person with disabilities
if the person with disabilities has a Class 1A or Class 2A
disability as defined in Section 4A of the Illinois
Identification Card Act or is a person with disabilities as
defined by Section 1-159.1 of this Code, and does not possess
a vehicle registered in his or her name, provided that the
person with disabilities relies frequently on the parent or
legal guardian for transportation. Only one vehicle per
family may be registered under this subsection, unless the
applicant can justify in writing the need for one additional
set of plates. Any person requesting special plates under
this subsection shall submit such documentation or such
physician's, physician assistant's, or advanced practice
nurse's statement as is required in subsection (a) and a
statement describing the circumstances qualifying for
issuance of special plates under this subsection.
(c) The Secretary may issue a person with disabilities
parking decal or device to a person with disabilities as
defined by Section 1-159.1 without regard to qualification of
such person with disabilities for a driver's license or
registration of a vehicle by such person with disabilities or
such person's immediate family, provided such person with
disabilities making such a request has been issued a Disabled
Person Identification Card indicating that the person named
thereon has a Class 1A or Class 2A disability, or
alternatively, submits a statement certified by a licensed
physician, or by a physician assistant or an advanced
practice nurse as provided in subsection (a), to the effect
that such person is a person with disabilities as defined by
Section 1-159.1.
(d) The Secretary shall prescribe by rules and
regulations procedures to certify or re-certify as necessary
the eligibility of persons whose disabilities are other than
permanent for special plates or person with disabilities
parking decals or devices issued under subsections (a), (b)
and (c). Except as provided under subsection (f) of this
Section, no such special plates, decals or devices shall be
issued by the Secretary of State to or on behalf of any
person with disabilities unless such person is certified as
meeting the definition of a person with disabilities pursuant
to Section 1-159.1 or meeting the requirement of a Type Four
disability as provided under Section 4A of the Illinois
Identification Card Act for the period of time that the
physician, or the physician assistant or advanced practice
nurse as provided in subsection (a), determines the applicant
will have the disability, but not to exceed 6 months from the
date of certification or recertification.
(e) Any person requesting special plates under this
Section may also apply to have the special plates
personalized, as provided under Section 3-405.1.
(f) The Secretary of State, upon application, shall
issue person with disabilities registration plates or a
person with disabilities parking decal to corporations,
school districts, State or municipal agencies, limited
liability companies, nursing homes, convalescent homes, or
special education cooperatives which will transport persons
with disabilities. The Secretary shall prescribe by rule a
means to certify or re-certify the eligibility of
organizations to receive person with disabilities plates or
decals and to designate which of the 2 person with
disabilities emblems shall be placed on qualifying vehicles.
(g) The Secretary of State, or his designee, may enter
into agreements with other jurisdictions, including foreign
jurisdictions, on behalf of this State relating to the
extension of parking privileges by such jurisdictions to
permanently disabled residents of this State who display a
special license plate or parking device that contains the
International symbol of access on his or her motor vehicle,
and to recognize such plates or devices issued by such other
jurisdictions. This State shall grant the same parking
privileges which are granted to disabled residents of this
State to any non-resident whose motor vehicle is licensed in
another state, district, territory or foreign country if such
vehicle displays the international symbol of access or a
distinguishing insignia on license plates or parking device
issued in accordance with the laws of the non-resident's
state, district, territory or foreign country.
(Source: P.A. 91-769, eff. 6-9-00; 92-16, eff. 6-28-01;
92-411, eff. 1-1-02; 92-651, eff. 7-11-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.