Rep. Sara Feigenholtz
Filed: 3/23/2004
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1 | AMENDMENT TO HOUSE BILL 5164
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2 | AMENDMENT NO. ______. Amend House Bill 5164, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Department of Professional Regulation Law | ||||||
6 | of the
Civil Administrative Code of Illinois is amended by | ||||||
7 | adding Section 2105-400 as follows: | ||||||
8 | (20 ILCS 2105/2105-400 new)
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9 | Sec. 2105-400. Emergency Powers. | ||||||
10 | (a) Upon proclamation of a disaster by the Governor, as | ||||||
11 | provided for in the Illinois Emergency Management Agency Act, | ||||||
12 | the Director of Professional Regulation shall have the | ||||||
13 | following powers, which shall be exercised only in coordination | ||||||
14 | with the Illinois Emergency Management Agency and the | ||||||
15 | Department of Public Health:
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16 | (1) The power to suspend the requirements for permanent | ||||||
17 | or temporary licensure of persons who are licensed in | ||||||
18 | another state and are working under the direction of the | ||||||
19 | Illinois Emergency Management Agency and the Department of | ||||||
20 | Public Health pursuant to a declared disaster. | ||||||
21 | (2) The power to modify the scope of practice | ||||||
22 | restrictions under any licensing act administered by the | ||||||
23 | Department for any person working under the direction of | ||||||
24 | the Illinois Emergency Management Agency and the Illinois |
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1 | Department of Public Health pursuant to the declared | ||||||
2 | disaster. | ||||||
3 | (3) The power to expand the exemption in Section 4(a) | ||||||
4 | of the Pharmacy Practice Act of 1987 to those licensed | ||||||
5 | professionals whose scope of practice has been modified, | ||||||
6 | under paragraph (2) of subsection (a) of this Section, to | ||||||
7 | include any element of the practice of pharmacy as defined | ||||||
8 | in the Pharmacy Practice Act of 1987 for any person working | ||||||
9 | under the direction of the Illinois Emergency Management | ||||||
10 | Agency and the Illinois Department of Public Health | ||||||
11 | pursuant to the declared disaster. | ||||||
12 | (b) Persons exempt from licensure under paragraph (1) of | ||||||
13 | subsection (a) of this Section and persons operating under | ||||||
14 | modified scope of practice provisions under paragraph (2) of | ||||||
15 | subsection (a) of this Section shall be exempt from licensure | ||||||
16 | or be subject to modified scope of practice only until the | ||||||
17 | declared disaster has ended as provided by law. | ||||||
18 | (c) The Director shall exercise these powers by way of | ||||||
19 | proclamation.
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20 | Section 10. The Department of Public Health Act is amended | ||||||
21 | by changing Sections 2 and 7 and by adding Section 2.1 as | ||||||
22 | follows:
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23 | (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
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24 | Sec. 2. Powers.
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25 | (a) The State Department of Public Health has general | ||||||
26 | supervision of
the interests of the health and lives of the | ||||||
27 | people of the State. It has
supreme authority in matters of | ||||||
28 | quarantine and isolation , and may declare and enforce
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29 | quarantine and isolation when none exists, and may modify or | ||||||
30 | relax quarantine and isolation when it has
been established. | ||||||
31 | The Department may adopt, promulgate, repeal and amend
rules | ||||||
32 | and regulations and make such sanitary investigations and |
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1 | inspections
as it may from time to time deem necessary for the | ||||||
2 | preservation and
improvement of the public health, consistent | ||||||
3 | with law regulating the
following:
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4 | (1) Transportation of the remains of deceased persons.
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5 | (2) Sanitary practices relating to drinking water made
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6 | accessible to the
public for human consumption or for | ||||||
7 | lavatory or culinary purposes.
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8 | (3) Sanitary practices relating to rest room | ||||||
9 | facilities made
accessible
to the public or to persons | ||||||
10 | handling food served to the public.
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11 | (4) Sanitary practices relating to disposal of human | ||||||
12 | wastes in
or from all buildings and places where people | ||||||
13 | live, work or assemble.
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14 | The provisions of the Illinois Administrative Procedure | ||||||
15 | Act are hereby
expressly adopted and shall apply to all | ||||||
16 | administrative rules and
procedures of the Department of Public | ||||||
17 | Health under this Act, except that
Section 5-35 of the Illinois | ||||||
18 | Administrative Procedure Act relating to
procedures for | ||||||
19 | rule-making does not apply to the adoption of any rule
required | ||||||
20 | by federal law in connection with which the Department is
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21 | precluded by law from exercising any discretion.
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22 | All local boards of health, health authorities and | ||||||
23 | officers, police
officers, sheriffs and all other officers and | ||||||
24 | employees of the state or any
locality shall enforce the rules | ||||||
25 | and regulations so adopted and orders issued by the Department | ||||||
26 | pursuant to this Section .
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27 | The Department of Public Health shall conduct a public | ||||||
28 | information
campaign to inform Hispanic women of the high | ||||||
29 | incidence of breast cancer
and the importance of mammograms and | ||||||
30 | where to obtain a mammogram.
This requirement may be satisfied | ||||||
31 | by translation into Spanish and
distribution of the breast | ||||||
32 | cancer summaries required by Section 2310-345 of
the Department | ||||||
33 | of Public Health Powers and Duties Law (20 ILCS
2310/2310-345).
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34 | The information provided by the Department of Public Health |
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1 | shall include (i)
a statement that mammography is the most | ||||||
2 | accurate method for making an early
detection of breast cancer, | ||||||
3 | however, no diagnostic tool is 100% effective and
(ii) | ||||||
4 | instructions for performing breast
self-examination and a | ||||||
5 | statement that it is
important to perform a breast | ||||||
6 | self-examination monthly.
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7 | The Department of Public Health shall investigate the | ||||||
8 | causes of
dangerously contagious or infectious diseases, | ||||||
9 | especially when existing in
epidemic form, and take means to | ||||||
10 | restrict and suppress the same, and
whenever such disease | ||||||
11 | becomes, or threatens to become epidemic, in any
locality and | ||||||
12 | the local board of health or local authorities neglect or
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13 | refuse to enforce efficient measures for its restriction or | ||||||
14 | suppression or
to act with sufficient promptness or efficiency, | ||||||
15 | or whenever the local
board of health or local authorities | ||||||
16 | neglect or refuse to promptly enforce
efficient measures for | ||||||
17 | the restriction or suppression of dangerously
contagious or | ||||||
18 | infectious diseases, the Department of Public Health may
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19 | enforce such measures as it deems necessary to protect the | ||||||
20 | public health,
and all necessary expenses so incurred shall be | ||||||
21 | paid by the locality for
which services are rendered.
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22 | (b) Subject to the provisions of subsection (c), the | ||||||
23 | Department may order
a person or group of persons to be | ||||||
24 | quarantined or isolated or may order a place to be closed and | ||||||
25 | made off
limits to the
public to prevent the probable spread of | ||||||
26 | a dangerously contagious or infectious
disease, including | ||||||
27 | non-compliant tuberculosis patients, until such time as the
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28 | condition can be corrected or the danger to the public health | ||||||
29 | eliminated or
reduced in such a manner that no substantial | ||||||
30 | danger to the public's health any
longer exists. Orders for | ||||||
31 | isolation of a person or quarantine of a place to prevent the | ||||||
32 | probable spread of a sexually transmissible disease shall be | ||||||
33 | governed by the provisions of Section 7 of the Illinois | ||||||
34 | Sexually Transmissible Disease Control Act and not this |
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1 | Section.
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2 | (c) Except as provided in this Section, no person or a | ||||||
3 | group of persons may be ordered to be quarantined or isolated | ||||||
4 | and no place may
be ordered to
be closed and made off limits to | ||||||
5 | the public except with the consent of the
person or owner of | ||||||
6 | the place or
upon the prior order of a court of competent | ||||||
7 | jurisdiction. The Department may, however, order a person or a | ||||||
8 | group of persons to be quarantined or isolated or may order a | ||||||
9 | place to be closed and made off limits to the public on an | ||||||
10 | immediate basis without prior consent or court order if, in the | ||||||
11 | reasonable judgment of the Department, immediate action is | ||||||
12 | required to protect the public from a dangerously contagious or | ||||||
13 | infectious disease. In the event of an immediate order issued | ||||||
14 | without prior consent or court order, the Department shall, as | ||||||
15 | soon as practical, within 48 hours after issuing the order, | ||||||
16 | obtain the consent of the person or owner or file a petition | ||||||
17 | requesting a court order authorizing the isolation or | ||||||
18 | quarantine or closure. When exigent circumstances exist that | ||||||
19 | cause the court system to be unavailable or that make it | ||||||
20 | impossible to obtain consent or file a petition within 48 hours | ||||||
21 | after issuance of an immediate order, the Department must | ||||||
22 | obtain consent or file a petition requesting a court order as | ||||||
23 | soon as reasonably possible. To obtain a court order,
the | ||||||
24 | Department, by clear and convincing evidence, must prove that | ||||||
25 | the public's
health and
welfare are significantly endangered by | ||||||
26 | a person or group of persons that has, that is suspected of | ||||||
27 | having, that has been exposed to, or that is reasonably | ||||||
28 | believed to have been exposed to
with a dangerously contagious
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29 | or infectious disease including non-compliant tuberculosis | ||||||
30 | patients or
by a place where there is a significant amount of | ||||||
31 | activity likely to spread a
dangerously contagious or | ||||||
32 | infectious disease. The Department must also prove
that
all | ||||||
33 | other
reasonable means of correcting the problem have been | ||||||
34 | exhausted and no less
restrictive alternative exists. For |
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1 | purposes of this subsection, in determining whether no less | ||||||
2 | restrictive alternative exists, the court shall consider | ||||||
3 | evidence showing that, under the circumstances presented by the | ||||||
4 | case in which an order is sought, quarantine or isolation is | ||||||
5 | the measure provided for in a rule of the Department or in | ||||||
6 | guidelines issued by the Centers for Disease Control and | ||||||
7 | Prevention or the World Health Organization. Persons who are or | ||||||
8 | are about to be ordered to be isolated or quarantined and | ||||||
9 | owners of places that are or are about to be closed and made | ||||||
10 | off limits to the public shall have the right to counsel. If a | ||||||
11 | person or owner is indigent, the court shall appoint counsel | ||||||
12 | for that person or owner. Persons who are ordered to be | ||||||
13 | isolated or quarantined or who are owners of places that are | ||||||
14 | ordered to be closed and made off limits to the public, shall | ||||||
15 | be given a written notice of such order. The written notice | ||||||
16 | shall additionally include the following: (1) notice of the | ||||||
17 | right to counsel; (2) notice that if the person or owner is | ||||||
18 | indigent, the court will appoint counsel for that person or | ||||||
19 | owner; (3) notice of the reason for the order for isolation, | ||||||
20 | quarantine, or closure; (4) notice of whether the order is an | ||||||
21 | immediate order, and if so, the time frame for the Department | ||||||
22 | to seek consent or to file a petition requesting a court order | ||||||
23 | as set out in this subsection; and (5) notice of the | ||||||
24 | anticipated duration of the isolation, quarantine, or closure.
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25 | (d) The Department may order physical examinations and | ||||||
26 | tests and collect laboratory specimens as necessary for the | ||||||
27 | diagnosis or treatment of individuals in order to prevent the | ||||||
28 | probable spread of a dangerously contagious or infectious | ||||||
29 | disease. Physical examinations, tests, or collection of | ||||||
30 | laboratory specimens must not be such as are reasonably likely | ||||||
31 | to lead to serious harm to the affected individual. To prevent | ||||||
32 | the spread of a dangerously contagious or infectious disease, | ||||||
33 | the Department may, pursuant to the provisions of subsection | ||||||
34 | (c) of this Section, isolate or quarantine any person whose |
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1 | refusal of physical examination or testing or collection of | ||||||
2 | laboratory specimens results in uncertainty regarding whether | ||||||
3 | he or she has been exposed to or is infected with a dangerously | ||||||
4 | contagious or infectious disease or otherwise poses a danger to | ||||||
5 | the public's health. An individual may refuse to consent to a | ||||||
6 | physical examination, test, or collection of laboratory | ||||||
7 | specimens. An individual shall be given a written notice that | ||||||
8 | shall include notice of the following: (i) that the individual | ||||||
9 | may refuse to consent to physical examination, test, or | ||||||
10 | collection of laboratory specimens; (ii) that if the individual | ||||||
11 | consents to physical examination, tests, or collection of | ||||||
12 | laboratory specimens, the results of that examination, test, or | ||||||
13 | collection of laboratory specimens may subject the individual | ||||||
14 | to isolation or quarantine pursuant to the provisions of | ||||||
15 | subsection (c) of this Section; (iii) that if the individual | ||||||
16 | refuses to consent to physical examination, tests, or | ||||||
17 | collection of laboratory specimens and that refusal results in | ||||||
18 | uncertainty regarding whether he or she has been exposed to or | ||||||
19 | is infected with a dangerously contagious or infectious disease | ||||||
20 | or otherwise poses a danger to the public's health, the | ||||||
21 | individual may be subject to isolation or quarantine pursuant | ||||||
22 | to the provisions of subsection (c) of this Section; and (iv) | ||||||
23 | that if the individual refuses to consent to physical | ||||||
24 | examinations, tests, or collection of laboratory specimens and | ||||||
25 | becomes subject to isolation and quarantine as provided in this | ||||||
26 | subsection (d), he or she shall have the right to counsel | ||||||
27 | pursuant to the provisions of subsection (c) of this Section. | ||||||
28 | To the extent feasible without endangering the public's health, | ||||||
29 | the Department shall respect and accommodate the religious | ||||||
30 | beliefs of individuals in implementing this subsection. | ||||||
31 | (e) The Department may order the administration of | ||||||
32 | vaccines, medications, or other treatments to persons as | ||||||
33 | necessary in order to prevent the probable spread of a | ||||||
34 | dangerously contagious or infectious disease. A vaccine, |
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1 | medication, or other treatment to be administered must not be | ||||||
2 | such as is reasonably likely to lead to serious harm to the | ||||||
3 | affected individual. To prevent the spread of a dangerously | ||||||
4 | contagious or infectious disease, the Department may, pursuant | ||||||
5 | to the provisions of subsection (c) of this Section, isolate or | ||||||
6 | quarantine persons who are unable or unwilling to receive | ||||||
7 | vaccines, medications, or other treatments pursuant to this | ||||||
8 | Section. An individual may refuse to receive vaccines, | ||||||
9 | medications, or other treatments. An individual shall be given | ||||||
10 | a written notice that shall include notice of the following: | ||||||
11 | (i) that the individual may refuse to consent to vaccines, | ||||||
12 | medications, or other treatments; (ii) that if the individual | ||||||
13 | refuses to receive vaccines, medications, or other treatments, | ||||||
14 | the individual may be subject to isolation or quarantine | ||||||
15 | pursuant to the provisions of subsection (c) of this Section; | ||||||
16 | and (iii) that if the individual refuses to receive vaccines, | ||||||
17 | medications, or other treatments and becomes subject to | ||||||
18 | isolation or quarantine as provided in this subsection (e), he | ||||||
19 | or she shall have the right to counsel pursuant to the | ||||||
20 | provisions of subsection (c) of this Section. To the extent | ||||||
21 | feasible without endangering the public's health, the | ||||||
22 | Department shall respect and accommodate the religious beliefs | ||||||
23 | of individuals in implementing this subsection. | ||||||
24 | (f) The Department may order observation and monitoring of | ||||||
25 | persons to prevent the probable spread of a dangerously | ||||||
26 | contagious or infectious disease. To prevent the spread of a | ||||||
27 | dangerously contagious or infectious disease, the Department | ||||||
28 | may, pursuant to the provisions of subsection (c) of this | ||||||
29 | Section, isolate or quarantine persons whose refusal to undergo | ||||||
30 | observation and monitoring results in uncertainty regarding | ||||||
31 | whether he or she has been exposed to or is infected with a | ||||||
32 | dangerously contagious or infectious disease or otherwise | ||||||
33 | poses a danger to the public's health. An individual may refuse | ||||||
34 | to undergo observation and monitoring. An individual shall be |
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1 | given written notice that shall include notice of the | ||||||
2 | following: (i) that the individual may refuse to undergo | ||||||
3 | observation and monitoring; (ii) that if the individual | ||||||
4 | consents to observation and monitoring, the results of that | ||||||
5 | observation and monitoring may subject the individual to | ||||||
6 | isolation or quarantine pursuant to the provisions of | ||||||
7 | subsection (c) of this Section; (iii) that if the individual | ||||||
8 | refuses to undergo observation and monitoring and that refusal | ||||||
9 | results in uncertainty regarding whether he or she has been | ||||||
10 | exposed to or is infected with a dangerously contagious or | ||||||
11 | infectious disease or otherwise poses a danger to the public's | ||||||
12 | health, the individual may be subject to isolation or | ||||||
13 | quarantine pursuant to the provisions of subsection (c) of this | ||||||
14 | Section; and (iv) that if the individual refuses to undergo | ||||||
15 | observation and monitoring and becomes subject to isolation or | ||||||
16 | quarantine as provided in this subsection (f), he or she shall | ||||||
17 | have the right to counsel pursuant to the provisions of | ||||||
18 | subsection (c) of this Section. | ||||||
19 | (g) To prevent the spread of a dangerously contagious or | ||||||
20 | infectious disease among humans, the Department may examine, | ||||||
21 | test, disinfect, seize, or destroy animals or other related | ||||||
22 | property believed to be sources of infection. An owner of such | ||||||
23 | animal or other related property shall be given written notice | ||||||
24 | regarding such examination, testing, disinfection, seizure, or | ||||||
25 | destruction. When the Department determines that any animal or | ||||||
26 | related property is infected with or has been exposed to a | ||||||
27 | dangerously contagious or infectious disease, it may agree with | ||||||
28 | the owner upon the value of the animal or of any related | ||||||
29 | property that it may be found necessary to destroy, and in case | ||||||
30 | such an agreement cannot be made, the animals or related | ||||||
31 | property shall be appraised by 3 competent and disinterested | ||||||
32 | appraisers, one to be selected by the Department, one by the | ||||||
33 | claimant, and one by the 2 appraisers thus selected. The | ||||||
34 | appraisers shall subscribe to an oath made in writing to fairly |
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1 | value the animals or related property in accordance with the | ||||||
2 | requirements of this Act. The oath, together with the valuation | ||||||
3 | fixed by the appraisers, shall be filed with the Department and | ||||||
4 | preserved by it. Upon the appraisal being made, the owner or | ||||||
5 | the Department shall immediately destroy the animals by "humane | ||||||
6 | euthanasia" as that term is defined in Section 2.09 of the | ||||||
7 | Humane Care for Animals Act. Dogs and cats, however, shall be | ||||||
8 | euthanized pursuant to the provisions of the Humane Euthanasia | ||||||
9 | in Animal Shelters Act. The owner or the Department shall | ||||||
10 | additionally, dispose of the carcasses, and disinfect, change, | ||||||
11 | or destroy the premises occupied by the animals, in accordance | ||||||
12 | with rules prescribed by the Department governing such | ||||||
13 | destruction and disinfection. Upon his or her failure so to do | ||||||
14 | or to cooperate with the Department, the Department shall cause | ||||||
15 | the animals or related property to be destroyed and disposed of | ||||||
16 | in the same manner, and thereupon the owner shall forfeit all | ||||||
17 | right to receive any compensation for the destruction of the | ||||||
18 | animals or related property. All final administrative | ||||||
19 | decisions of the Department hereunder shall be subject to | ||||||
20 | judicial review pursuant to the provisions of the | ||||||
21 | Administrative Review Law, and all amendments and | ||||||
22 | modifications thereof, and the rules adopted pursuant thereto. | ||||||
23 | The term "administrative decision" is defined as in Section | ||||||
24 | 3-101 of the Code of Civil Procedure.
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25 | (h) To prevent the spread of a dangerously contagious or | ||||||
26 | infectious disease, the Department, local boards of health, and | ||||||
27 | local public health authorities shall have emergency access to | ||||||
28 | medical or health information or records or data upon the | ||||||
29 | condition that the Department, local boards of health, and | ||||||
30 | local public health authorities shall protect the privacy and | ||||||
31 | confidentiality of any medical or health information or records | ||||||
32 | or data obtained pursuant to this Section in accordance with | ||||||
33 | federal and State law. Additionally, any such medical or health | ||||||
34 | information or records or data shall be exempt from inspection |
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1 | and copying under the Freedom of Information Act. Other than a | ||||||
2 | hearing for the purpose of this Act, any information, records, | ||||||
3 | reports, statements, notes, memoranda, or other data in the | ||||||
4 | possession of the Department, local boards of health, or local | ||||||
5 | public health authorities shall not be admissible as evidence, | ||||||
6 | nor discoverable in any action of any kind in any court or | ||||||
7 | before any tribunal, board, agency, or person. The access to or | ||||||
8 | disclosure of any of this information or data by the | ||||||
9 | Department, a local board of health, or a local public | ||||||
10 | authority shall not waive or have any effect upon its | ||||||
11 | non-discoverability or non-admissibility. Any person, | ||||||
12 | facility, institution, or agency that provides emergency | ||||||
13 | access to health information and data under this subsection | ||||||
14 | shall have immunity from any civil or criminal liability, or | ||||||
15 | any other type of liability that might otherwise result by | ||||||
16 | reason of these actions except in the event of willful and | ||||||
17 | wanton misconduct. The privileged quality of communication | ||||||
18 | between any professional person or any facility shall not | ||||||
19 | constitute grounds for failure to provide emergency access. | ||||||
20 | Nothing in this subsection shall prohibit the sharing of | ||||||
21 | information as authorized in Section 2.1 of this Act. The | ||||||
22 | disclosure of any of this information, records, reports, | ||||||
23 | statements, notes, memoranda, or other data obtained in any | ||||||
24 | activity under this Act, except that necessary for the purposes | ||||||
25 | of this Act, is unlawful, and any person convicted of violating | ||||||
26 | this provision is guilty of a Class A misdemeanor.
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27 | (i) (A) The Department, in order to prevent and control | ||||||
28 | disease, injury, or disability among citizens of the State | ||||||
29 | of Illinois, may develop and implement, in consultation | ||||||
30 | with local public health authorities, a Statewide system | ||||||
31 | for syndromic data collection through the access to | ||||||
32 | interoperable networks, information exchanges, and | ||||||
33 | databases. The Department may also develop a system for the | ||||||
34 | reporting of comprehensive, integrated data to identify |
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1 | and address unusual occurrences of disease symptoms and | ||||||
2 | other medical complexes affecting the public's health. | ||||||
3 | (B) The Department may enter into contracts or | ||||||
4 | agreements with individuals, corporations, hospitals, | ||||||
5 | universities, not-for-profit corporations, governmental | ||||||
6 | entities, or other organizations, whereby those | ||||||
7 | individuals or entities agree to provide assistance in the | ||||||
8 | compilation of the syndromic data collection and reporting | ||||||
9 | system.
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10 | (C) The Department shall not release any syndromic data | ||||||
11 | or information obtained pursuant to this subsection to any | ||||||
12 | individuals or entities for purposes other than the | ||||||
13 | protection of the public health. All access to data by the | ||||||
14 | Department, reports made to the Department, the identity of | ||||||
15 | or facts that would tend to lead to the identity of the | ||||||
16 | individual who is the subject of the report, and the | ||||||
17 | identity of or facts that would tend to lead to the | ||||||
18 | identity of the author of the report shall be strictly | ||||||
19 | confidential, are not subject to inspection or | ||||||
20 | dissemination, and shall be used only for public health | ||||||
21 | purposes by the Department, local public health | ||||||
22 | authorities, or the Centers for Disease Control and | ||||||
23 | Prevention. Entities or individuals submitting reports or | ||||||
24 | providing access to the Department shall not be held liable | ||||||
25 | for the release of information or confidential data to the | ||||||
26 | Department in accordance with this subsection.
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27 | (D) Nothing in this subsection prohibits the sharing of | ||||||
28 | information as authorized in Section 2.1 of this Act.
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29 | (j)
(d) This Section shall be considered supplemental to | ||||||
30 | the existing
authority and powers of the Department and shall | ||||||
31 | not be construed to
restrain or restrict the Department in | ||||||
32 | protecting the public health under any
other provisions of the | ||||||
33 | law.
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34 | (k)
(e) Any person who knowingly or maliciously |
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1 | disseminates any false
information or report concerning the | ||||||
2 | existence of any dangerously contagious or
infectious disease | ||||||
3 | in connection with the Department's power of quarantine,
| ||||||
4 | isolation and closure or refuses to comply with a quarantine, | ||||||
5 | isolation or
closure order is guilty
of a Class A misdemeanor.
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6 | (l)
(f) The Department of Public Health may establish and | ||||||
7 | maintain a
chemical
and bacteriologic laboratory for the | ||||||
8 | examination of water and wastes, and
for the diagnosis of | ||||||
9 | diphtheria, typhoid fever, tuberculosis, malarial
fever and | ||||||
10 | such other diseases as it deems necessary for the protection of
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11 | the public health.
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12 | As used in this Act, "locality" means any governmental | ||||||
13 | agency which
exercises power pertaining to public health in an | ||||||
14 | area less than the State.
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15 | The terms "sanitary investigations and inspections" and | ||||||
16 | "sanitary
practices" as used in this Act shall not include or | ||||||
17 | apply to "Public Water
Supplies" or "Sewage Works" as defined | ||||||
18 | in the Environmental Protection Act. The Department may adopt | ||||||
19 | rules that are reasonable and necessary to implement and | ||||||
20 | effectuate this amendatory Act of the 93rd General Assembly.
| ||||||
21 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
22 | (20 ILCS 2305/2.1 new) | ||||||
23 | Sec. 2.1. Information sharing. | ||||||
24 | (a) Whenever a State or local law enforcement authority | ||||||
25 | learns of a case of an illness, health condition, or unusual | ||||||
26 | disease or symptom cluster, reportable pursuant to rules | ||||||
27 | adopted by the Department or by a local board of health or | ||||||
28 | local public health authority, or a suspicious event that may | ||||||
29 | be the cause of or related to a public health emergency, as | ||||||
30 | that term is defined in Section 4 of the Illinois Emergency | ||||||
31 | Management Agency Act, it shall immediately notify the Illinois | ||||||
32 | Emergency Management Agency and the Department or local board | ||||||
33 | of health or local public health authority. |
| |||||||
| |||||||
1 | (b) Whenever the Department or a local board of health or | ||||||
2 | local public health authority learns of a case of an illness, | ||||||
3 | health condition, or unusual disease or symptom cluster, | ||||||
4 | reportable pursuant to rules adopted by the Department or by a | ||||||
5 | local board of health or a local public health authority, or a | ||||||
6 | suspicious event that it reasonably believes has the potential | ||||||
7 | to be the cause of or related to a public health emergency, as | ||||||
8 | that term is defined in Section 4 of the Illinois Emergency | ||||||
9 | Management Agency Act, it shall immediately notify the Illinois | ||||||
10 | Emergency Management Agency, the appropriate State and local | ||||||
11 | law enforcement authorities, other appropriate State agencies, | ||||||
12 | and federal health and law enforcement authorities and, after | ||||||
13 | that notification, it shall provide law enforcement | ||||||
14 | authorities with such other information as law enforcement | ||||||
15 | authorities may request for the purpose of conducting a | ||||||
16 | criminal investigation or a criminal prosecution of or arising | ||||||
17 | out of that matter. No information containing the identity or | ||||||
18 | tending to reveal the identity of any person may be redisclosed | ||||||
19 | by law enforcement, except in a prosecution of that person for | ||||||
20 | the commission of a crime.
| ||||||
21 | (c) Sharing of information on reportable illnesses, health | ||||||
22 | conditions, unusual disease or symptom clusters, or suspicious | ||||||
23 | events between and among public health and law enforcement | ||||||
24 | authorities shall be restricted to the information necessary | ||||||
25 | for the treatment in response to, control of, investigation of, | ||||||
26 | and prevention of a public health emergency, as that term is | ||||||
27 | defined in Section 4 of the Illinois Emergency Management Act, | ||||||
28 | or for criminal investigation or criminal prosecution of or | ||||||
29 | arising out of that matter.
| ||||||
30 | (d) The operation of the language of this Section is not | ||||||
31 | dependent upon a declaration of disaster by the Governor | ||||||
32 | pursuant to the Illinois Emergency Management Agency Act.
| ||||||
33 | (20 ILCS 2305/7) (from Ch. 111 1/2, par. 22.05)
|
| |||||||
| |||||||
1 | Sec. 7. The Illinois Department of Public Health shall | ||||||
2 | adopt rules
requiring that upon death of a person who had or is | ||||||
3 | suspected of having an
infectious or communicable disease that | ||||||
4 | could be transmitted through
contact with the person's body or | ||||||
5 | bodily fluids, the body shall be labeled
"Infection Hazard", or | ||||||
6 | with an equivalent term to inform persons having
subsequent | ||||||
7 | contact with the body, including any funeral director or
| ||||||
8 | embalmer, to take suitable precautions. Such rules shall | ||||||
9 | require that the
label shall be prominently displayed on and | ||||||
10 | affixed to the outer wrapping
or covering of the body if the | ||||||
11 | body is wrapped or covered in any manner.
Responsibility for | ||||||
12 | such labeling shall lie with the attending physician who
| ||||||
13 | certifies death, or if the death occurs in a health care | ||||||
14 | facility, with
such staff member as may be designated by the | ||||||
15 | administrator of the facility. The Department may adopt rules | ||||||
16 | providing for the safe disposal of human remains. To the extent | ||||||
17 | feasible without endangering the public's health, the | ||||||
18 | Department shall respect and accommodate the religious beliefs | ||||||
19 | of individuals in implementing this Section.
| ||||||
20 | (Source: P.A. 85-1209.)
| ||||||
21 | Section 15. The Department of Public Health Powers and | ||||||
22 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
23 | amended by changing Sections 2310-5, 2310-35, and 2310-50.5 and | ||||||
24 | by adding Sections 2310-610, 2310-615, 2310-620, and 2310-625 | ||||||
25 | as follows:
| ||||||
26 | (20 ILCS 2310/2310-5)
| ||||||
27 | Sec. 2310-5. Definitions. In this Law:
| ||||||
28 | "Department" means the Department of Public Health.
| ||||||
29 | "Director" means the Director of Public Health. | ||||||
30 | "Public health emergency" has the meaning set forth in | ||||||
31 | Section 4 of the Illinois Emergency Management Agency Act.
| ||||||
32 | (Source: P.A. 91-239, eff. 1-1-00.)
|
| |||||||
| |||||||
1 | (20 ILCS 2310/2310-35) (was 20 ILCS 2310/55.27)
| ||||||
2 | Sec. 2310-35. Federal monies ; indirect cost | ||||||
3 | reimbursements . To accept, receive, and
receipt for
federal | ||||||
4 | monies, for
and in
behalf of the State, given by the federal | ||||||
5 | government under any federal law
to the State for health | ||||||
6 | purposes, surveys, or programs, and to adopt
necessary rules | ||||||
7 | pertaining thereto pursuant to the Illinois Administrative
| ||||||
8 | Procedure Act. To deposit indirect cost reimbursements | ||||||
9 | received by the Department into the Public Health Special State | ||||||
10 | Projects Fund, and to expend those funds, subject to | ||||||
11 | appropriation, for public health purposes only.
| ||||||
12 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
13 | (20 ILCS 2310/2310-50.5)
| ||||||
14 | Sec. 2310-50.5. Coordination concerning public health | ||||||
15 | emergencies. To
coordinate with the Illinois Emergency | ||||||
16 | Management Agency with
respect to planning for and responding | ||||||
17 | to public health emergencies, as defined
in Section 4 of the | ||||||
18 | Illinois Emergency Management Agency Act. The Department shall | ||||||
19 | additionally cooperate with the Governor, other State agencies | ||||||
20 | and local authorities, including local public health | ||||||
21 | authorities, in the development of strategies and plans to | ||||||
22 | protect the public health in the event of a public health | ||||||
23 | emergency, as defined in Section 4 of the Illinois Emergency | ||||||
24 | Management Agency Act.
| ||||||
25 | (Source: P.A. 93-249, eff. 7-22-03.)
| ||||||
26 | (20 ILCS 2310/2310-610 new) | ||||||
27 | Sec. 2310-610. Rules; public health preparedness. The | ||||||
28 | Department shall adopt and implement rules, contact lists, and | ||||||
29 | response plans governing public health preparedness and | ||||||
30 | response. |
| |||||||
| |||||||
1 | (20 ILCS 2310/2310-615 new) | ||||||
2 | Sec. 2310-615. Department coordination; public health | ||||||
3 | preparedness. The Department shall require and coordinate | ||||||
4 | development and implementation of public health preparedness | ||||||
5 | and response plans by local health departments and facilities | ||||||
6 | licensed by the Department. | ||||||
7 | (20 ILCS 2310/2310-620 new) | ||||||
8 | Sec. 2310-620. Cooperation; public health preparedness. | ||||||
9 | The Department shall collaborate with relevant federal | ||||||
10 | government authorities, State agencies, local authorities, | ||||||
11 | including local public health authorities, elected officials | ||||||
12 | from other states, and private sector organizations on public | ||||||
13 | health preparedness and response. | ||||||
14 | (20 ILCS 2310/2310-625 new)
| ||||||
15 | Sec. 2310-625. Emergency Powers. | ||||||
16 | (a) Upon proclamation of a disaster by the Governor, as | ||||||
17 | provided for in the Illinois Emergency Management Agency Act, | ||||||
18 | the Director of Public Health shall have the following powers, | ||||||
19 | which shall be exercised only in coordination with the Illinois | ||||||
20 | Emergency Management Agency and the Department of Professional | ||||||
21 | Regulation: | ||||||
22 | (1) The power to suspend the requirements for temporary | ||||||
23 | or permanent licensure or certification of persons who are | ||||||
24 | licensed or certified in another state and are working | ||||||
25 | under the direction of the Illinois Emergency Management | ||||||
26 | Agency and the Illinois Department of Public Health | ||||||
27 | pursuant to the declared disaster. | ||||||
28 | (2) The power to modify the scope of practice | ||||||
29 | restrictions under the Emergency Medical Services (EMS) | ||||||
30 | Systems Act for any persons who are licensed under that Act | ||||||
31 | for any person working under the direction of the Illinois | ||||||
32 | Emergency Management Agency and the Illinois Department of |
| |||||||
| |||||||
1 | Public Health pursuant to the declared disaster. | ||||||
2 | (3) The power to modify the scope of practice | ||||||
3 | restrictions under the Nursing Home Care Act for Certified | ||||||
4 | Nursing Assistants for any person working under the | ||||||
5 | direction of the Illinois Emergency Management Agency and | ||||||
6 | the Illinois Department of Public Health pursuant to the | ||||||
7 | declared disaster. | ||||||
8 | (b) Persons exempt from licensure or certification under | ||||||
9 | paragraph (1) of subsection (a) and persons operating under | ||||||
10 | modified scope of practice provisions under paragraph (2) of | ||||||
11 | subsection (a) and paragraph (3) of subsection (a) shall be | ||||||
12 | exempt from licensure or certification or subject to modified | ||||||
13 | scope of practice only until the declared disaster has ended as | ||||||
14 | provided by law. | ||||||
15 | (c) The Director shall exercise these powers by way of | ||||||
16 | proclamation.
| ||||||
17 | Section 20. The Illinois Clinical Laboratory and Blood Bank | ||||||
18 | Act is amended by changing Section 7-102 as follows:
| ||||||
19 | (210 ILCS 25/7-102) (from Ch. 111 1/2, par. 627-102)
| ||||||
20 | Sec. 7-102. Reports of test results. The result of a test | ||||||
21 | shall be reported
directly to the licensed physician or other | ||||||
22 | authorized person who requested it.
No interpretation, | ||||||
23 | diagnosis or prognosis or suggested treatment shall appear
on | ||||||
24 | the laboratory report form except that a report made by a | ||||||
25 | physician licensed
to practice medicine in Illinois, a dentist | ||||||
26 | licensed in Illinois, or a
therapeutic optometrist may
include | ||||||
27 | such information. Nothing in this Act prohibits the sharing of | ||||||
28 | information as authorized in Section 2.1 of the Department of | ||||||
29 | Public Health Act.
| ||||||
30 | (Source: P.A. 90-322, eff. 1-1-98.)
| ||||||
31 | Section 25. The Emergency Medical Services (EMS) Systems |
| |||||||
| |||||||
1 | Act is amended by adding Section 3.255 as follows: | ||||||
2 | (210 ILCS 50/3.255 new) | ||||||
3 | Sec. 3.255. Emergency Medical Disaster Plan. The | ||||||
4 | Department shall develop and implement an
Emergency Medical | ||||||
5 | Disaster Plan to assist emergency medical services personnel | ||||||
6 | and health care facilities in working together in a | ||||||
7 | collaborative way and to provide support in situations where | ||||||
8 | local medical resources are overwhelmed, including but not | ||||||
9 | limited to public health emergencies, as that term is defined | ||||||
10 | in Section 4 of the Illinois Emergency Management Agency Act. | ||||||
11 | As part of the plan, the Department may designate lead | ||||||
12 | hospitals in each Emergency Medical Services region | ||||||
13 | established under this Act and may foster the creation and | ||||||
14 | coordination of volunteer medical response teams that can be | ||||||
15 | deployed to assist when a locality's capacity is overwhelmed. | ||||||
16 | In developing an Emergency Medical Disaster Plan, the | ||||||
17 | Department shall collaborate with the entities listed in | ||||||
18 | Sections 2310-50.5 and 2310-620 of the Department of Public | ||||||
19 | Health Powers and Duties Law of the Civil Administrative Code | ||||||
20 | of Illinois. | ||||||
21 | Section 30. The Hospital Licensing Act is amended by | ||||||
22 | changing Section 10.4 as follows:
| ||||||
23 | (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
| ||||||
24 | Sec. 10.4. Medical staff privileges.
| ||||||
25 | (a) Any hospital licensed under this Act or any hospital | ||||||
26 | organized under the
University of Illinois Hospital Act shall, | ||||||
27 | prior to the granting of any medical
staff privileges to an | ||||||
28 | applicant, or renewing a current medical staff member's
| ||||||
29 | privileges, request of the Director of Professional Regulation | ||||||
30 | information
concerning the licensure status and any | ||||||
31 | disciplinary action taken against the
applicant's or medical |
| |||||||
| |||||||
1 | staff member's license, except : (1) for medical personnel who
| ||||||
2 | enter a hospital to obtain organs and tissues for transplant | ||||||
3 | from a deceased
donor in accordance with the Uniform Anatomical | ||||||
4 | Gift Act ; or (2) for medical personnel who have been granted | ||||||
5 | disaster privileges pursuant to the procedures and | ||||||
6 | requirements established by rules adopted by the Department. | ||||||
7 | Any hospital and any employees of the hospital or others | ||||||
8 | involved in granting privileges that, in good faith, grants | ||||||
9 | disaster privileges pursuant to this Section to respond to an | ||||||
10 | emergency shall not, as a result of his, her, or its acts or | ||||||
11 | omissions, be liable for civil damages for granting or denying | ||||||
12 | disaster privileges except in the event of willful and wanton | ||||||
13 | misconduct, as that term is defined in Section 10.2 of this | ||||||
14 | Act. Individuals granted privileges who provide care in an | ||||||
15 | emergency situation, in good faith and without direct | ||||||
16 | compensation, shall not, as a result of his or her acts or | ||||||
17 | omissions, except for acts or omissions involving willful and | ||||||
18 | wanton misconduct, as that term is defined in Section 10.2 of | ||||||
19 | this Act, on the part of the person, be liable for civil | ||||||
20 | damages . The Director of
Professional Regulation shall | ||||||
21 | transmit, in writing and in a timely fashion,
such information | ||||||
22 | regarding the license of the applicant or the medical staff
| ||||||
23 | member, including the record of imposition of any periods of
| ||||||
24 | supervision or monitoring as a result of alcohol or
substance | ||||||
25 | abuse, as provided by Section 23 of the Medical
Practice Act of | ||||||
26 | 1987, and such information as may have been
submitted to the | ||||||
27 | Department indicating that the application
or medical staff | ||||||
28 | member has been denied, or has surrendered,
medical staff | ||||||
29 | privileges at a hospital licensed under this
Act, or any | ||||||
30 | equivalent facility in another state or
territory of the United | ||||||
31 | States. The Director of Professional Regulation
shall define by | ||||||
32 | rule the period for timely response to such requests.
| ||||||
33 | No transmittal of information by the Director of | ||||||
34 | Professional Regulation,
under this Section shall be to other |
| |||||||
| |||||||
1 | than the president, chief
operating officer, chief | ||||||
2 | administrative officer, or chief of
the medical staff of a | ||||||
3 | hospital licensed under this Act, a
hospital organized under | ||||||
4 | the University of Illinois Hospital Act, or a hospital
operated | ||||||
5 | by the United States, or any of its instrumentalities. The
| ||||||
6 | information so transmitted shall be afforded the same status
as | ||||||
7 | is information concerning medical studies by Part 21 of Article | ||||||
8 | VIII of the
Code of Civil Procedure, as now or hereafter | ||||||
9 | amended.
| ||||||
10 | (b) All hospitals licensed under this Act, except county | ||||||
11 | hospitals as
defined in subsection (c) of Section 15-1 of the | ||||||
12 | Illinois Public Aid Code,
shall comply with, and the medical | ||||||
13 | staff bylaws of these hospitals shall
include rules consistent | ||||||
14 | with, the provisions of this Section in granting,
limiting, | ||||||
15 | renewing, or denying medical staff membership and
clinical | ||||||
16 | staff privileges. Hospitals that require medical staff members | ||||||
17 | to
possess
faculty status with a specific institution of higher | ||||||
18 | education are not required
to comply with subsection (1) below | ||||||
19 | when the physician does not possess faculty
status.
| ||||||
20 | (1) Minimum procedures for
pre-applicants and | ||||||
21 | applicants for medical staff
membership shall include the | ||||||
22 | following:
| ||||||
23 | (A) Written procedures relating to the acceptance | ||||||
24 | and processing of
pre-applicants or applicants for | ||||||
25 | medical staff membership, which should be
contained in
| ||||||
26 | medical staff bylaws.
| ||||||
27 | (B) Written procedures to be followed in | ||||||
28 | determining
a pre-applicant's or
an applicant's
| ||||||
29 | qualifications for being granted medical staff | ||||||
30 | membership and privileges.
| ||||||
31 | (C) Written criteria to be followed in evaluating
a | ||||||
32 | pre-applicant's or
an applicant's
qualifications.
| ||||||
33 | (D) An evaluation of
a pre-applicant's or
an | ||||||
34 | applicant's current health status and current
license |
| |||||||
| |||||||
1 | status in Illinois.
| ||||||
2 | (E) A written response to each
pre-applicant or
| ||||||
3 | applicant that explains the reason or
reasons for any | ||||||
4 | adverse decision (including all reasons based in whole | ||||||
5 | or
in part on the applicant's medical qualifications or | ||||||
6 | any other basis,
including economic factors).
| ||||||
7 | (2) Minimum procedures with respect to medical staff | ||||||
8 | and clinical
privilege determinations concerning current | ||||||
9 | members of the medical staff shall
include the following:
| ||||||
10 | (A) A written notice of an adverse decision.
| ||||||
11 | (B) An explanation of the reasons for an adverse | ||||||
12 | decision including all
reasons based on the quality of | ||||||
13 | medical care or any other basis, including
economic | ||||||
14 | factors.
| ||||||
15 | (C) A statement of the medical staff member's right | ||||||
16 | to request a fair
hearing on the adverse decision | ||||||
17 | before a hearing panel whose membership is
mutually | ||||||
18 | agreed upon by the medical staff and the hospital | ||||||
19 | governing board. The
hearing panel shall have | ||||||
20 | independent authority to recommend action to the
| ||||||
21 | hospital governing board. Upon the request of the | ||||||
22 | medical staff member or the
hospital governing board, | ||||||
23 | the hearing panel shall make findings concerning the
| ||||||
24 | nature of each basis for any adverse decision | ||||||
25 | recommended to and accepted by
the hospital governing | ||||||
26 | board.
| ||||||
27 | (i) Nothing in this subparagraph (C) limits a | ||||||
28 | hospital's or medical
staff's right to summarily | ||||||
29 | suspend, without a prior hearing, a person's | ||||||
30 | medical
staff membership or clinical privileges if | ||||||
31 | the continuation of practice of a
medical staff | ||||||
32 | member constitutes an immediate danger to the | ||||||
33 | public, including
patients, visitors, and hospital | ||||||
34 | employees and staff. A fair hearing shall be
|
| |||||||
| |||||||
1 | commenced within 15 days after the suspension and | ||||||
2 | completed without delay.
| ||||||
3 | (ii) Nothing in this subparagraph (C) limits a | ||||||
4 | medical staff's right
to permit, in the medical | ||||||
5 | staff bylaws, summary suspension of membership or
| ||||||
6 | clinical privileges in designated administrative | ||||||
7 | circumstances as specifically
approved by the | ||||||
8 | medical staff. This bylaw provision must | ||||||
9 | specifically describe
both the administrative | ||||||
10 | circumstance that can result in a summary | ||||||
11 | suspension
and the length of the summary | ||||||
12 | suspension. The opportunity for a fair hearing is
| ||||||
13 | required for any administrative summary | ||||||
14 | suspension. Any requested hearing must
be | ||||||
15 | commenced within 15 days after the summary | ||||||
16 | suspension and completed without
delay. Adverse | ||||||
17 | decisions other than suspension or other | ||||||
18 | restrictions on the
treatment or admission of | ||||||
19 | patients may be imposed summarily and without a
| ||||||
20 | hearing under designated administrative | ||||||
21 | circumstances as specifically provided
for in the | ||||||
22 | medical staff bylaws as approved by the medical | ||||||
23 | staff.
| ||||||
24 | (iii) If a hospital exercises its option to | ||||||
25 | enter into an exclusive
contract and that contract | ||||||
26 | results in the total or partial termination or
| ||||||
27 | reduction of medical staff membership or clinical | ||||||
28 | privileges of a current
medical staff member, the | ||||||
29 | hospital shall provide the affected medical staff
| ||||||
30 | member 60 days prior notice of the effect on his or | ||||||
31 | her medical staff
membership or privileges. An | ||||||
32 | affected medical staff member desiring a hearing
| ||||||
33 | under subparagraph (C) of this paragraph (2) must | ||||||
34 | request the hearing within 14
days after the date |
| |||||||
| |||||||
1 | he or she is so notified. The requested hearing | ||||||
2 | shall be
commenced and completed (with a report and | ||||||
3 | recommendation to the affected
medical staff | ||||||
4 | member, hospital governing board, and medical | ||||||
5 | staff) within 30
days after the date of the medical | ||||||
6 | staff member's request. If agreed upon by
both the | ||||||
7 | medical staff and the hospital governing board, | ||||||
8 | the medical staff
bylaws may provide for longer | ||||||
9 | time periods.
| ||||||
10 | (D) A statement of the member's right to inspect | ||||||
11 | all pertinent
information in the hospital's possession | ||||||
12 | with respect to the decision.
| ||||||
13 | (E) A statement of the member's right to present | ||||||
14 | witnesses and other
evidence at the hearing on the | ||||||
15 | decision.
| ||||||
16 | (F) A written notice and written explanation of the | ||||||
17 | decision resulting
from the hearing.
| ||||||
18 | (F-5) A written notice of a final adverse decision | ||||||
19 | by a hospital
governing board.
| ||||||
20 | (G) Notice given 15 days before implementation of | ||||||
21 | an adverse medical
staff membership or clinical | ||||||
22 | privileges decision based substantially on
economic | ||||||
23 | factors. This notice shall be given after the medical | ||||||
24 | staff member
exhausts all applicable procedures under | ||||||
25 | this Section, including item (iii) of
subparagraph (C) | ||||||
26 | of this paragraph (2), and under the medical staff | ||||||
27 | bylaws in
order to allow sufficient time for the | ||||||
28 | orderly provision of patient care.
| ||||||
29 | (H) Nothing in this paragraph (2) of this | ||||||
30 | subsection (b) limits a
medical staff member's right to | ||||||
31 | waive, in writing, the rights provided in
| ||||||
32 | subparagraphs (A) through (G) of this paragraph (2) of | ||||||
33 | this subsection (b) upon
being granted the written | ||||||
34 | exclusive right to provide particular services at a
|
| |||||||
| |||||||
1 | hospital, either individually or as a member of a | ||||||
2 | group. If an exclusive
contract is signed by a | ||||||
3 | representative of a group of physicians, a waiver
| ||||||
4 | contained in the contract shall apply to all members of | ||||||
5 | the group unless stated
otherwise in the contract.
| ||||||
6 | (3) Every adverse medical staff membership and | ||||||
7 | clinical privilege decision
based substantially on | ||||||
8 | economic factors shall be reported to the Hospital
| ||||||
9 | Licensing Board before the decision takes effect. These | ||||||
10 | reports shall not be
disclosed in any form that reveals the | ||||||
11 | identity of any hospital or physician.
These reports shall | ||||||
12 | be utilized to study the effects that hospital medical
| ||||||
13 | staff membership and clinical privilege decisions based | ||||||
14 | upon economic factors
have on access to care and the | ||||||
15 | availability of physician services. The
Hospital Licensing | ||||||
16 | Board shall submit an initial study to the Governor and the
| ||||||
17 | General Assembly by January 1, 1996, and subsequent reports | ||||||
18 | shall be submitted
periodically thereafter.
| ||||||
19 | (4) As used in this Section:
| ||||||
20 | "Adverse decision" means a decision reducing, | ||||||
21 | restricting, suspending,
revoking, denying, or not | ||||||
22 | renewing medical staff membership or clinical
privileges.
| ||||||
23 | "Economic factor" means any information or reasons for | ||||||
24 | decisions unrelated
to quality of care or professional | ||||||
25 | competency.
| ||||||
26 | "Pre-applicant" means a physician licensed to practice | ||||||
27 | medicine in all
its
branches who requests an application | ||||||
28 | for medical staff membership or
privileges.
| ||||||
29 | "Privilege" means permission to provide
medical or | ||||||
30 | other patient care services and permission to use hospital
| ||||||
31 | resources, including equipment, facilities and personnel | ||||||
32 | that are necessary to
effectively provide medical or other | ||||||
33 | patient care services. This definition
shall not be | ||||||
34 | construed to
require a hospital to acquire additional |
| |||||||
| |||||||
1 | equipment, facilities, or personnel to
accommodate the | ||||||
2 | granting of privileges.
| ||||||
3 | (5) Any amendment to medical staff bylaws required | ||||||
4 | because of
this amendatory Act of the 91st General Assembly | ||||||
5 | shall be adopted on or
before July 1, 2001.
| ||||||
6 | (c) All hospitals shall consult with the medical staff | ||||||
7 | prior to closing
membership in the entire or any portion of the | ||||||
8 | medical staff or a department.
If
the hospital closes | ||||||
9 | membership in the medical staff, any portion of the medical
| ||||||
10 | staff, or the department over the objections of the medical | ||||||
11 | staff, then the
hospital
shall provide a detailed written | ||||||
12 | explanation for the decision to the medical
staff
10 days prior | ||||||
13 | to the effective date of any closure. No applications need to | ||||||
14 | be
provided when membership in the medical staff or any | ||||||
15 | relevant portion of the
medical staff is closed.
| ||||||
16 | (Source: P.A. 90-14, eff. 7-1-97; 90-149, eff. 1-1-98; 90-655, | ||||||
17 | eff.
7-30-98; 91-166, eff. 1-1-00.)
| ||||||
18 | Section 35. The Health Care Professional Credentials Data | ||||||
19 | Collection Act is amended by changing Section 15 as follows:
| ||||||
20 | (410 ILCS 517/15)
| ||||||
21 | Sec. 15.
Development and use of uniform health care and | ||||||
22 | hospital
credentials forms.
| ||||||
23 | (a) The Department, in consultation with the council, shall | ||||||
24 | by rule
establish:
| ||||||
25 | (1) a uniform health care credentials form that shall | ||||||
26 | include the
credentials data commonly requested by health | ||||||
27 | care entities
and health care plans for purposes of | ||||||
28 | credentialing and shall minimize the
need for the | ||||||
29 | collection of
additional credentials data;
| ||||||
30 | (2) a uniform health care recredentials form that shall | ||||||
31 | include the
credentials data commonly requested by health | ||||||
32 | care entities and health care
plans for purposes of |
| |||||||
| |||||||
1 | recredentialing and shall minimize the need for the
| ||||||
2 | collection of additional credentials data;
| ||||||
3 | (3) a uniform hospital credentials form that shall | ||||||
4 | include the credentials
data commonly requested by | ||||||
5 | hospitals for purposes of credentialing and
shall
minimize | ||||||
6 | the need for the collection of additional credentials data;
| ||||||
7 | (4) a uniform hospital recredentials form that shall | ||||||
8 | include the
credentials data commonly requested by | ||||||
9 | hospitals for purposes of
recredentialing and shall | ||||||
10 | minimize the need for collection of additional
credentials | ||||||
11 | data; and
| ||||||
12 | (5) uniform updating forms.
| ||||||
13 | (b) The uniform forms established in subsection (a) shall | ||||||
14 | be coordinated to
reduce the need to provide redundant | ||||||
15 | information.
Further, the forms shall be made available in both | ||||||
16 | paper and electronic
formats.
| ||||||
17 | (c) The Department, in consultation with the council, shall
| ||||||
18 | establish by rule a date after which an electronic format may | ||||||
19 | be
required by a health care entity, a health care plan, or a | ||||||
20 | hospital, and a
health care professional may require acceptance | ||||||
21 | of an electronic
format by a health care entity, a health care | ||||||
22 | plan, or a hospital.
| ||||||
23 | (d) Beginning January 1, 2002, each health care
entity or | ||||||
24 | health
care plan that
employs, contracts with, or allows health | ||||||
25 | care
professionals to provide medical or health care services | ||||||
26 | and requires health
care professionals to be credentialed or | ||||||
27 | recredentialed shall for
purposes of collecting credentials | ||||||
28 | data only require:
| ||||||
29 | (1) the uniform health care credentials form;
| ||||||
30 | (2) the uniform health care recredentials form;
| ||||||
31 | (3) the uniform updating forms; and
| ||||||
32 | (4) any additional credentials data requested.
| ||||||
33 | (e) Beginning January 1, 2002, each hospital that
employs,
| ||||||
34 | contracts with, or
allows health care professionals to provide |
| |||||||
| |||||||
1 | medical or
health care services and requires health care | ||||||
2 | professionals to be credentialed
or recredentialed shall for | ||||||
3 | purposes of collecting credentials
data only require:
| ||||||
4 | (1) the uniform hospital credentials form;
| ||||||
5 | (2) the uniform hospital recredentials form;
| ||||||
6 | (3) the uniform updating forms; and
| ||||||
7 | (4) any additional credentials data requested.
| ||||||
8 | (f) Each health care entity and health care plan shall | ||||||
9 | complete the process
of verifying a health care professional's | ||||||
10 | credentials data
in a timely fashion and shall complete the | ||||||
11 | process of credentialing or
recredentialing of the health care | ||||||
12 | professional within 60 days after
submission of all credentials | ||||||
13 | data and completion of verification of the
credentials data.
| ||||||
14 | (g) Each health care professional shall provide any | ||||||
15 | corrections, updates,
and modifications to his or her | ||||||
16 | credentials data to ensure
that all credentials data on the | ||||||
17 | health care professional remains current.
Such corrections, | ||||||
18 | updates, and modifications shall be provided within
5 business | ||||||
19 | days for State health care professional license revocation, | ||||||
20 | federal
Drug
Enforcement Agency license revocation,
Medicare | ||||||
21 | or Medicaid sanctions, revocation of hospital privileges, any | ||||||
22 | lapse
in professional liability coverage required by a health | ||||||
23 | care entity, health
care plan, or hospital,
or conviction of a | ||||||
24 | felony, and within 45 days for any
other
change in the | ||||||
25 | information from the date the health care professional knew of
| ||||||
26 | the change. All updates shall be made on the uniform updating
| ||||||
27 | forms developed by the Department.
| ||||||
28 | (h) Any credentials data collected or obtained by the | ||||||
29 | health care entity,
health care plan, or hospital shall be | ||||||
30 | confidential, as provided by law,
and otherwise may not be | ||||||
31 | redisclosed without written consent of the
health care | ||||||
32 | professional, except that in any proceeding to challenge
| ||||||
33 | credentialing or recredentialing, or in any judicial review, | ||||||
34 | the claim
of confidentiality shall not be invoked to deny a |
| |||||||
| |||||||
1 | health care professional,
health care entity,
health care plan, | ||||||
2 | or hospital access to or use of credentials data. Nothing in
| ||||||
3 | this Section prevents a health
care entity, health care plan, | ||||||
4 | or hospital from disclosing any credentials data
to its | ||||||
5 | officers, directors, employees, agents, subcontractors,
| ||||||
6 | medical staff members, any committee of the health care entity, | ||||||
7 | health care
plan, or hospital involved in the credentialing | ||||||
8 | process, or
accreditation bodies or licensing agencies. | ||||||
9 | However, any redisclosure of
credentials data contrary to this | ||||||
10 | Section is prohibited.
| ||||||
11 | (i) Nothing in this Act shall be construed to restrict the | ||||||
12 | right of any
health care entity, health care plan or hospital | ||||||
13 | to request additional
information necessary for credentialing | ||||||
14 | or recredentialing.
| ||||||
15 | (j) Nothing in this Act shall be construed to restrict in | ||||||
16 | any way the
authority of any health care entity, health care | ||||||
17 | plan or hospital to
approve, suspend or deny an application for | ||||||
18 | hospital staff membership, clinical
privileges, or managed | ||||||
19 | care network participation.
| ||||||
20 | (k) Nothing in this Act shall be construed to prohibit | ||||||
21 | delegation of
credentialing and recredentialing activities as | ||||||
22 | long as the delegated
entity follows the requirements set forth | ||||||
23 | in this Act.
| ||||||
24 | (l) Nothing in this Act shall be construed to require any | ||||||
25 | health care
entity or health care plan to credential or survey | ||||||
26 | any health care
professional. | ||||||
27 | (m) Nothing in this Act prohibits a hospital from granting | ||||||
28 | disaster privileges pursuant to the provisions of Section 10.4 | ||||||
29 | of the Hospital Licensing Act. When a hospital grants disaster | ||||||
30 | privileges pursuant to Section 10.4 of the Hospital Licensing | ||||||
31 | Act, that hospital is not required to collect credentials data | ||||||
32 | pursuant to this Act.
| ||||||
33 | (Source: P.A. 91-602, eff. 8-16-99; 92-193, eff. 1-1-02.)
|
| |||||||
| |||||||
1 | Section 40. The Illinois Vehicle Code is amended by | ||||||
2 | changing Sections 1-105 and 12-215 as follows:
| ||||||
3 | (625 ILCS 5/1-105) (from Ch. 95 1/2, par. 1-105)
| ||||||
4 | Sec. 1-105. Authorized emergency vehicle. Emergency | ||||||
5 | vehicles of municipal departments or public service
| ||||||
6 | corporations as are designated or authorized by proper local | ||||||
7 | authorities;
police vehicles; vehicles of the fire department; | ||||||
8 | ambulances;
vehicles of the Illinois Emergency Management | ||||||
9 | Agency; vehicles of the Illinois Department of Public Health;
| ||||||
10 | and vehicles of the
Department of Nuclear Safety.
| ||||||
11 | (Source: P.A. 92-138, eff. 7-24-01.)
| ||||||
12 | (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
| ||||||
13 | Sec. 12-215. Oscillating, rotating or flashing lights on | ||||||
14 | motor vehicles. Except as otherwise provided in this Code:
| ||||||
15 | (a) The use of red or white oscillating, rotating or | ||||||
16 | flashing lights,
whether lighted or unlighted, is prohibited | ||||||
17 | except on:
| ||||||
18 | 1. Law enforcement vehicles of State, Federal or
local | ||||||
19 | authorities;
| ||||||
20 | 2. A vehicle operated by a police officer or county | ||||||
21 | coroner
and designated or authorized by local authorities, | ||||||
22 | in writing, as a law
enforcement vehicle; however, such | ||||||
23 | designation or authorization must
be carried in the | ||||||
24 | vehicle;
| ||||||
25 | 3. Vehicles of local fire departments and State or | ||||||
26 | federal
firefighting vehicles;
| ||||||
27 | 4. Vehicles which are designed and used exclusively as | ||||||
28 | ambulances
or rescue vehicles; furthermore, such lights | ||||||
29 | shall not be lighted except
when responding to an emergency | ||||||
30 | call for and while actually conveying the
sick or injured;
| ||||||
31 | 5. Tow trucks licensed in a state that requires such | ||||||
32 | lights;
furthermore, such lights shall not be lighted on |
| |||||||
| |||||||
1 | any such tow truck while the
tow truck is
operating in the | ||||||
2 | State of Illinois;
| ||||||
3 | 6. Vehicles of the Illinois Emergency Management | ||||||
4 | Agency, vehicles of the Illinois Department of Public | ||||||
5 | Health, and vehicles of
the
Department of Nuclear Safety;
| ||||||
6 | 7. Vehicles operated by a local or county emergency | ||||||
7 | management
services agency as defined in the Illinois | ||||||
8 | Emergency
Management Agency Act; and
| ||||||
9 | 8. School buses operating alternately flashing head | ||||||
10 | lamps as permitted
under Section 12-805 of this Code.
| ||||||
11 | (b) The use of amber oscillating, rotating or flashing | ||||||
12 | lights, whether
lighted or unlighted, is prohibited except on:
| ||||||
13 | 1. Second division vehicles designed and used for | ||||||
14 | towing or hoisting
vehicles; furthermore, such lights | ||||||
15 | shall not be lighted except as
required in
this paragraph | ||||||
16 | 1; such lights shall be lighted
when such vehicles are | ||||||
17 | actually being
used at the scene of an accident or
| ||||||
18 | disablement; if the towing vehicle is equipped with a flat | ||||||
19 | bed that
supports all wheels of the vehicle being | ||||||
20 | transported, the lights shall not be
lighted while the | ||||||
21 | vehicle is engaged in towing on a highway; if the towing
| ||||||
22 | vehicle is not equipped with a flat bed that supports all | ||||||
23 | wheels of a vehicle
being transported, the lights shall be | ||||||
24 | lighted while the
towing
vehicle is engaged in towing on a | ||||||
25 | highway during all
times when the use
of headlights is | ||||||
26 | required under Section 12-201 of this Code;
| ||||||
27 | 2. Motor vehicles or equipment of the State of | ||||||
28 | Illinois, local authorities
and contractors; furthermore, | ||||||
29 | such lights shall not be lighted except while
such vehicles | ||||||
30 | are engaged in maintenance or construction operations | ||||||
31 | within
the limits of construction projects;
| ||||||
32 | 3. Vehicles or equipment used by engineering or survey | ||||||
33 | crews;
furthermore, such lights shall not be lighted except | ||||||
34 | while such vehicles
are actually engaged in work on a |
| |||||||
| |||||||
1 | highway;
| ||||||
2 | 4. Vehicles of public utilities, municipalities, or | ||||||
3 | other
construction, maintenance or automotive service | ||||||
4 | vehicles except that such
lights shall be lighted only as a | ||||||
5 | means for indicating the presence of a
vehicular traffic | ||||||
6 | hazard requiring unusual care in approaching, overtaking
| ||||||
7 | or passing while such vehicles are engaged in maintenance, | ||||||
8 | service or
construction on a highway;
| ||||||
9 | 5. Oversized vehicle or load; however, such lights | ||||||
10 | shall only be lighted
when moving under permit issued by | ||||||
11 | the Department under Section 15-301
of this Code;
| ||||||
12 | 6. The front and rear of motorized equipment owned and | ||||||
13 | operated by the
State of Illinois or any political | ||||||
14 | subdivision thereof, which is designed
and used for removal | ||||||
15 | of snow and ice from highways;
| ||||||
16 | 7. Fleet safety vehicles registered in another state, | ||||||
17 | furthermore, such
lights shall not be lighted except as | ||||||
18 | provided for in Section 12-212 of
this Code;
| ||||||
19 | 8. Such other vehicles as may be authorized by local | ||||||
20 | authorities;
| ||||||
21 | 9. Law enforcement vehicles of State or local | ||||||
22 | authorities when used in
combination with red oscillating, | ||||||
23 | rotating or flashing lights;
| ||||||
24 | 9.5. Propane delivery trucks;
| ||||||
25 | 10. Vehicles used for collecting or delivering mail for | ||||||
26 | the
United States Postal Service provided that such lights | ||||||
27 | shall not be lighted
except when such vehicles are actually | ||||||
28 | being used for such purposes;
| ||||||
29 | 11. Any vehicle displaying a slow-moving vehicle | ||||||
30 | emblem as
provided in Section 12-205.1;
| ||||||
31 | 12. All trucks equipped with self-compactors or | ||||||
32 | roll-off hoists and
roll-on containers for garbage or | ||||||
33 | refuse hauling. Such lights shall not be
lighted except | ||||||
34 | when such vehicles are actually being used for such |
| |||||||
| |||||||
1 | purposes;
| ||||||
2 | 13. Vehicles used by a security company, alarm | ||||||
3 | responder, or control
agency;
| ||||||
4 | 14. Security vehicles of the Department of Human | ||||||
5 | Services; however, the
lights shall not be lighted except | ||||||
6 | when being used for security related
purposes under the | ||||||
7 | direction of the superintendent of the facility where the
| ||||||
8 | vehicle is located; and
| ||||||
9 | 15. Vehicles of union representatives, except that the | ||||||
10 | lights shall be
lighted only while the vehicle is within | ||||||
11 | the limits of a construction
project.
| ||||||
12 | (c) The use of blue oscillating, rotating or flashing | ||||||
13 | lights, whether
lighted or unlighted, is prohibited except on:
| ||||||
14 | 1. Rescue squad vehicles not owned by a fire department | ||||||
15 | and
vehicles owned or fully operated by a:
| ||||||
16 | voluntary firefighter;
| ||||||
17 | paid firefighter;
| ||||||
18 | part-paid firefighter;
| ||||||
19 | call firefighter;
| ||||||
20 | member of the board of trustees of a fire | ||||||
21 | protection district;
| ||||||
22 | paid or unpaid member of a rescue squad;
| ||||||
23 | paid or unpaid member of a voluntary ambulance | ||||||
24 | unit; or
| ||||||
25 | paid or unpaid members of a local or county | ||||||
26 | emergency management
services agency as defined in the | ||||||
27 | Illinois Emergency Management Agency Act,
designated | ||||||
28 | or authorized by local authorities, in writing, and | ||||||
29 | carrying that
designation or authorization in the | ||||||
30 | vehicle.
| ||||||
31 | However, such lights are not to be lighted except when | ||||||
32 | responding to a
bona fide emergency.
| ||||||
33 | 2. Police department vehicles in cities having a | ||||||
34 | population of 500,000
or more inhabitants.
|
| |||||||
| |||||||
1 | 3. Law enforcement vehicles of State or local | ||||||
2 | authorities when used in
combination with red oscillating, | ||||||
3 | rotating or flashing lights.
| ||||||
4 | 4. Vehicles of local fire departments and State or | ||||||
5 | federal
firefighting vehicles when used in combination | ||||||
6 | with red oscillating,
rotating or flashing lights.
| ||||||
7 | 5. Vehicles which are designed and used exclusively as | ||||||
8 | ambulances or
rescue vehicles when used in combination with | ||||||
9 | red oscillating, rotating or
flashing lights; furthermore, | ||||||
10 | such lights shall not be lighted except when
responding to | ||||||
11 | an emergency call.
| ||||||
12 | 6. Vehicles that are equipped and used exclusively as | ||||||
13 | organ transport
vehicles when used in combination with red | ||||||
14 | oscillating, rotating, or flashing
lights; furthermore, | ||||||
15 | these lights shall only be lighted when the transportation
| ||||||
16 | is declared an emergency by a member of the transplant team | ||||||
17 | or a
representative of the organ procurement organization.
| ||||||
18 | 7. Vehicles of the Illinois Emergency Management | ||||||
19 | Agency , vehicles of the Illinois Department of Public | ||||||
20 | Health, and vehicles of
the
Department of Nuclear Safety, | ||||||
21 | when used in combination with red oscillating,
rotating, or | ||||||
22 | flashing lights.
| ||||||
23 | 8. Vehicles operated by a local or county emergency | ||||||
24 | management
services agency as defined in the Illinois | ||||||
25 | Emergency Management Agency
Act, when used in combination | ||||||
26 | with red oscillating, rotating, or
flashing lights.
| ||||||
27 | (c-1) In addition to the blue oscillating, rotating, or | ||||||
28 | flashing
lights permitted under subsection (c), and | ||||||
29 | notwithstanding subsection
(a), a vehicle operated by a | ||||||
30 | voluntary firefighter, a voluntary member
of a rescue squad, or | ||||||
31 | a member of a voluntary ambulance unit may be
equipped with | ||||||
32 | flashing white headlights and blue grill lights, which may
be | ||||||
33 | used only in responding to an emergency call.
| ||||||
34 | (c-2) In addition to the blue oscillating, rotating, or |
| |||||||
| |||||||
1 | flashing
lights permitted under subsection (c), and | ||||||
2 | notwithstanding subsection (a),
a vehicle operated by a paid or | ||||||
3 | unpaid member of a local or county
emergency management | ||||||
4 | services agency as defined in the Illinois Emergency
Management | ||||||
5 | Agency Act, may be equipped with white oscillating, rotating,
| ||||||
6 | or flashing lights to be used in combination with blue | ||||||
7 | oscillating, rotating,
or flashing lights, if authorization by | ||||||
8 | local authorities is in
writing and carried in the vehicle.
| ||||||
9 | (d) The use of a combination of amber and white | ||||||
10 | oscillating, rotating or
flashing lights, whether lighted or | ||||||
11 | unlighted, is prohibited except motor
vehicles or equipment of | ||||||
12 | the State of Illinois, local authorities, contractors,
and | ||||||
13 | union representatives may be so equipped; furthermore, such | ||||||
14 | lights shall
not be lighted on vehicles of the State of | ||||||
15 | Illinois, local authorities, and
contractors except while such | ||||||
16 | vehicles are engaged in highway maintenance or
construction | ||||||
17 | operations within the limits of highway construction projects, | ||||||
18 | and
shall not be lighted on the vehicles of union | ||||||
19 | representatives except when those
vehicles are within the | ||||||
20 | limits of a construction project.
| ||||||
21 | (e) All oscillating, rotating or flashing lights referred | ||||||
22 | to in this Section
shall be of sufficient intensity, when | ||||||
23 | illuminated, to be visible at 500
feet in normal sunlight.
| ||||||
24 | (f) Nothing in this Section shall prohibit a manufacturer | ||||||
25 | of oscillating,
rotating or flashing lights or his | ||||||
26 | representative from temporarily mounting
such lights on a | ||||||
27 | vehicle for demonstration purposes only.
| ||||||
28 | (g) Any person violating the provisions of subsections (a), | ||||||
29 | (b), (c) or (d)
of this Section who without lawful authority | ||||||
30 | stops or detains or attempts
to stop or detain another person | ||||||
31 | shall be guilty of a Class 4 felony.
| ||||||
32 | (h) Except as provided in subsection (g) above, any person | ||||||
33 | violating the
provisions of subsections (a) or (c) of this | ||||||
34 | Section shall be guilty of a
Class A misdemeanor.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-138, eff. 7-24-01; 92-407, eff.
8-17-01; | ||||||
2 | 92-651, eff. 7-11-02; 92-782, eff. 8-6-02; 92-820, eff. | ||||||
3 | 8-21-02;
92-872, eff. 6-1-03; 93-181, eff. 1-1-04.)
| ||||||
4 | Section 45. The Communicable Disease Report Act is amended | ||||||
5 | by changing Section 1 as follows:
| ||||||
6 | (745 ILCS 45/1) (from Ch. 126, par. 21)
| ||||||
7 | Sec. 1. Whenever any statute of this State or any ordinance | ||||||
8 | or
resolution of a municipal corporation or political | ||||||
9 | subdivision enacted
pursuant to statute or any rule of an | ||||||
10 | administrative agency adopted
pursuant to statute requires | ||||||
11 | medical practitioners or other persons to
report cases of | ||||||
12 | injury, medical condition or procedure, communicable
disease, | ||||||
13 | venereal disease, or sexually
transmitted disease to
any | ||||||
14 | governmental agency or officer, such reports shall be | ||||||
15 | confidential,
and any medical practitioner or other person | ||||||
16 | making such report in good
faith shall be immune from suit for | ||||||
17 | slander or libel based upon any
statements contained in such | ||||||
18 | report.
| ||||||
19 | The identity of any individual who makes a report or who is | ||||||
20 | identified in a
report
of an injury, medical condition or | ||||||
21 | procedure, communicable
disease, venereal disease, sexually | ||||||
22 | transmitted disease, or food-borne
illness or an investigation
| ||||||
23 | conducted pursuant to a report of an injury, medical condition | ||||||
24 | or
procedure, communicable disease, venereal disease, sexually
| ||||||
25 | transmitted disease, or food-borne illness shall be | ||||||
26 | confidential and the
identity of any person making a report or | ||||||
27 | named therein shall not be
disclosed publicly or in any action | ||||||
28 | of any kind in any court or before any
tribunal, board or | ||||||
29 | agency; provided that records and communications concerning
a | ||||||
30 | venereal disease or sexually transmitted disease in any minor | ||||||
31 | under 11
years of age shall be disclosed in accordance with the | ||||||
32 | provisions
of the Abused and Neglected Child Reporting Act, |
| |||||||
| |||||||
1 | approved June 26, 1975,
as now or hereafter amended.
| ||||||
2 | The confidentiality provisions of this Act do not apply to | ||||||
3 | the results
of tests for diseases conducted pursuant to
| ||||||
4 | subsections (g) and (g-5) of Section 5-5-3 and
subsection (a) | ||||||
5 | of Section
3-15-2 of the Unified Code of Corrections. | ||||||
6 | Nothing in this Act prohibits the sharing of information as | ||||||
7 | authorized in Section 2.1 of the Department of Public Health | ||||||
8 | Act.
| ||||||
9 | (Source: P.A. 89-187, eff. 7-19-95; 89-381, eff. 8-18-95; | ||||||
10 | 89-477, eff.
6-18-96; 89-626, eff. 8-9-96.)
| ||||||
11 | Section 50. The Workers' Compensation Act is amended by | ||||||
12 | changing Section 11 as follows:
| ||||||
13 | (820 ILCS 305/11) (from Ch. 48, par. 138.11)
| ||||||
14 | Sec. 11. The compensation herein provided, together with | ||||||
15 | the
provisions of this Act, shall be the measure of the | ||||||
16 | responsibility of
any employer engaged in any of the | ||||||
17 | enterprises or businesses enumerated
in Section 3 of this Act, | ||||||
18 | or of any employer who is not engaged in any
such enterprises | ||||||
19 | or businesses, but who has elected to provide and pay
| ||||||
20 | compensation for accidental injuries sustained by any employee | ||||||
21 | arising
out of and in the course of the employment according to | ||||||
22 | the provisions
of this Act, and whose election to continue | ||||||
23 | under this Act, has not been
nullified by any action of his | ||||||
24 | employees as provided for in this Act.
| ||||||
25 | Accidental injuries incurred while participating in | ||||||
26 | voluntary recreational
programs including but not limited to | ||||||
27 | athletic events, parties and picnics
do not arise out of and in | ||||||
28 | the course of the employment even though the
employer pays some | ||||||
29 | or all of the cost thereof. This exclusion shall not apply
in | ||||||
30 | the event that the injured employee was ordered or assigned by | ||||||
31 | his employer
to participate in the program.
| ||||||
32 | Accidental injuries incurred while participating as a |
| |||||||
| |||||||
1 | patient in a drug
or alcohol rehabilitation program do not | ||||||
2 | arise out of and in the course
of employment even though the | ||||||
3 | employer pays some or all of the costs thereof. | ||||||
4 | Any injury to or disease or death of an employee arising | ||||||
5 | from the administration of a vaccine, including without | ||||||
6 | limitation smallpox vaccine, to prepare for, or as a response | ||||||
7 | to, a threatened or potential bioterrorist incident to the | ||||||
8 | employee as part of a voluntary inoculation program in | ||||||
9 | connection with the person's employment or in connection with | ||||||
10 | any governmental program or recommendation for the inoculation | ||||||
11 | of workers in the employee's occupation, geographical area, or | ||||||
12 | other category that includes the employee is deemed to arise | ||||||
13 | out of and in the course of the employment for all purposes | ||||||
14 | under this Act. This paragraph added by this amendatory Act of | ||||||
15 | the 93rd General Assembly is declarative of existing law and is | ||||||
16 | not a new enactment.
| ||||||
17 | (Source: P.A. 81-1482.)
| ||||||
18 | Section 55. The Workers' Occupational Diseases Act is | ||||||
19 | amended by changing Section 1 as follows:
| ||||||
20 | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
| ||||||
21 | Sec. 1. This Act shall be known and may be cited as the | ||||||
22 | "Workers'
Occupational Diseases Act".
| ||||||
23 | (a) The term "employer" as used in this Act shall be | ||||||
24 | construed to
be:
| ||||||
25 | 1. The State and each county, city, town, township, | ||||||
26 | incorporated
village, school district, body politic, or | ||||||
27 | municipal corporation
therein.
| ||||||
28 | 2. Every person, firm, public or private corporation, | ||||||
29 | including
hospitals, public service, eleemosynary, religious | ||||||
30 | or charitable
corporations or associations, who has any person | ||||||
31 | in service or under any
contract for hire, express or implied, | ||||||
32 | oral or written.
|
| |||||||
| |||||||
1 | 3. Where an employer operating under and subject to the | ||||||
2 | provisions
of this Act loans an employee to another such | ||||||
3 | employer and such loaned
employee sustains a compensable | ||||||
4 | occupational disease in the employment
of such borrowing | ||||||
5 | employer and where such borrowing employer does not
provide or | ||||||
6 | pay the benefits or payments due such employee, such loaning
| ||||||
7 | employer shall be liable to provide or pay all benefits or | ||||||
8 | payments due
such employee under this Act and as to such | ||||||
9 | employee the liability of
such loaning and borrowing employers | ||||||
10 | shall be joint and several,
provided that such loaning employer | ||||||
11 | shall in the absence of agreement to
the contrary be entitled | ||||||
12 | to receive from such borrowing employer full
reimbursement for | ||||||
13 | all sums paid or incurred pursuant to this paragraph
together | ||||||
14 | with reasonable attorneys' fees and expenses in any hearings
| ||||||
15 | before the Industrial Commission or in any action to secure | ||||||
16 | such
reimbursement. Where any benefit is provided or paid by | ||||||
17 | such loaning
employer, the employee shall have the duty of | ||||||
18 | rendering reasonable
co-operation in any hearings, trials or | ||||||
19 | proceedings in the case,
including such proceedings for | ||||||
20 | reimbursement.
| ||||||
21 | Where an employee files an Application for Adjustment of | ||||||
22 | Claim with
the Industrial Commission alleging that his or her | ||||||
23 | claim is covered by
the provisions of the preceding paragraph, | ||||||
24 | and joining both the alleged
loaning and borrowing employers, | ||||||
25 | they and each of them, upon written
demand by the employee and | ||||||
26 | within 7 days after receipt of such demand,
shall have the duty | ||||||
27 | of filing with the Industrial Commission a written
admission or | ||||||
28 | denial of the allegation that the claim is covered by the
| ||||||
29 | provisions of the preceding paragraph and in default of such | ||||||
30 | filing or
if any such denial be ultimately determined not to | ||||||
31 | have been bona fide
then the provisions of Paragraph K of | ||||||
32 | Section 19 of this Act shall
apply.
| ||||||
33 | An employer whose business or enterprise or a substantial | ||||||
34 | part
thereof consists of hiring, procuring or furnishing |
| |||||||
| |||||||
1 | employees to or for
other employers operating under and subject | ||||||
2 | to the provisions of this
Act for the performance of the work | ||||||
3 | of such other employers and who pays
such employees their | ||||||
4 | salary or wage notwithstanding that they are doing
the work of | ||||||
5 | such other employers shall be deemed a loaning employer
within | ||||||
6 | the meaning and provisions of this Section.
| ||||||
7 | (b) The term "employee" as used in this Act, shall be | ||||||
8 | construed to
mean:
| ||||||
9 | 1. Every person in the service of the State, county, city, | ||||||
10 | town,
township, incorporated village or school district, body | ||||||
11 | politic or
municipal corporation therein, whether by election, | ||||||
12 | appointment or
contract of hire, express or implied, oral or | ||||||
13 | written, including any
official of the State, or of any county, | ||||||
14 | city, town, township,
incorporated village, school district, | ||||||
15 | body politic or municipal
corporation therein and except any | ||||||
16 | duly appointed member of the fire
department in any city whose | ||||||
17 | population exceeds 500,000 according to the
last Federal or | ||||||
18 | State census, and except any member of a fire insurance
patrol | ||||||
19 | maintained by a board of underwriters in this State. One | ||||||
20 | employed
by a contractor who has contracted with the State, or | ||||||
21 | a county, city,
town, township, incorporated village, school | ||||||
22 | district, body politic or
municipal corporation therein, | ||||||
23 | through its representatives, shall not be
considered as an | ||||||
24 | employee of the State, county, city, town, township,
| ||||||
25 | incorporated village, school district, body politic or | ||||||
26 | municipal
corporation which made the contract.
| ||||||
27 | 2. Every person in the service of another under any | ||||||
28 | contract of
hire, express or implied, oral or written, who | ||||||
29 | contracts an occupational
disease while working in the State of | ||||||
30 | Illinois, or who contracts an
occupational disease while | ||||||
31 | working outside of the State of Illinois but
where the contract | ||||||
32 | of hire is made within the State of Illinois, and any
person | ||||||
33 | whose employment is principally localized within the State of
| ||||||
34 | Illinois, regardless of the place where the disease was |
| |||||||
| |||||||
1 | contracted or
place where the contract of hire was made, | ||||||
2 | including aliens, and minors
who, for the purpose of this Act, | ||||||
3 | except Section 3 hereof, shall be
considered the same and have | ||||||
4 | the same power to contract, receive
payments and give | ||||||
5 | quittances therefor, as adult employees. An employee
or his or | ||||||
6 | her dependents under this Act who shall have a cause of action
| ||||||
7 | by reason of an occupational disease, disablement or death | ||||||
8 | arising out
of and in the course of his or her employment may | ||||||
9 | elect or pursue
his or her remedy in the State where the | ||||||
10 | disease was contracted, or in the
State where the contract of | ||||||
11 | hire is made, or in the State where the
employment is | ||||||
12 | principally localized.
| ||||||
13 | (c) "Commission" means the Industrial Commission created | ||||||
14 | by the
Workers' Compensation Act, approved July 9, 1951, as | ||||||
15 | amended.
| ||||||
16 | (d) In this Act the term "Occupational Disease" means a | ||||||
17 | disease
arising out of and in the course of the employment or | ||||||
18 | which has become
aggravated and rendered disabling as a result | ||||||
19 | of the exposure of the
employment. Such aggravation shall arise | ||||||
20 | out of a risk peculiar to or
increased by the employment and | ||||||
21 | not common to the general public.
| ||||||
22 | A disease shall be deemed to arise out of the employment if | ||||||
23 | there is
apparent to the rational mind, upon consideration of | ||||||
24 | all the
circumstances, a causal connection between the | ||||||
25 | conditions under which
the work is performed and the | ||||||
26 | occupational disease. The disease need not
to have been | ||||||
27 | foreseen or expected but after its contraction it must
appear | ||||||
28 | to have had its origin or aggravation in a risk connected with
| ||||||
29 | the employment and to have flowed from that source as a | ||||||
30 | rational
consequence.
| ||||||
31 | An employee shall be conclusively deemed to have been | ||||||
32 | exposed to the
hazards of an occupational disease when, for any | ||||||
33 | length of time however
short, he or she is employed in an | ||||||
34 | occupation or process in which the
hazard of the disease |
| |||||||
| |||||||
1 | exists; provided however, that in a claim of
exposure to atomic | ||||||
2 | radiation, the fact of such exposure must be verified
by the | ||||||
3 | records of the central registry of radiation exposure | ||||||
4 | maintained
by the Department of Public Health or by some other | ||||||
5 | recognized
governmental agency maintaining records of such | ||||||
6 | exposures whenever and
to the extent that the records are on | ||||||
7 | file with the Department of Public
Health or the agency. | ||||||
8 | Any injury to or disease or death of an employee arising | ||||||
9 | from the administration of a vaccine, including without | ||||||
10 | limitation smallpox vaccine, to prepare for, or as a response | ||||||
11 | to, a threatened or potential bioterrorist incident to the | ||||||
12 | employee as part of a voluntary inoculation program in | ||||||
13 | connection with the person's employment or in connection with | ||||||
14 | any governmental program or recommendation for the inoculation | ||||||
15 | of workers in the employee's occupation, geographical area, or | ||||||
16 | other category that includes the employee is deemed to arise | ||||||
17 | out of and in the course of the employment for all purposes | ||||||
18 | under this Act. This paragraph added by this amendatory Act of | ||||||
19 | the 93rd General Assembly is declarative of existing law and is | ||||||
20 | not a new enactment.
| ||||||
21 | The employer liable for the compensation in this Act | ||||||
22 | provided shall
be the employer in whose employment the employee | ||||||
23 | was last exposed to the
hazard of the occupational disease | ||||||
24 | claimed upon regardless of the length
of time of such last | ||||||
25 | exposure, except, in cases of silicosis or
asbestosis, the only | ||||||
26 | employer liable shall be the last employer in whose
employment | ||||||
27 | the employee was last exposed during a period of 60 days or
| ||||||
28 | more after the effective date of this Act, to the hazard of | ||||||
29 | such
occupational disease, and, in such cases, an exposure | ||||||
30 | during a period of
less than 60 days, after the effective date | ||||||
31 | of this Act, shall not be
deemed a last exposure. If a miner | ||||||
32 | who is suffering or suffered from
pneumoconiosis was employed | ||||||
33 | for 10 years or more in one or more coal
mines there shall, | ||||||
34 | effective July 1, 1973 be a rebuttable presumption
that his or |
| |||||||
| |||||||
1 | her pneumoconiosis arose out of such employment.
| ||||||
2 | If a deceased miner was employed for 10 years or more in | ||||||
3 | one or more
coal mines and died from a respirable disease there | ||||||
4 | shall, effective
July 1, 1973, be a rebuttable presumption that | ||||||
5 | his or her death was due
to pneumoconiosis.
| ||||||
6 | The insurance carrier liable shall be the carrier whose | ||||||
7 | policy was in
effect covering the employer liable on the last | ||||||
8 | day of the exposure
rendering such employer liable in | ||||||
9 | accordance with the provisions of this
Act.
| ||||||
10 | (e) "Disablement" means an impairment or partial | ||||||
11 | impairment,
temporary or permanent, in the function of the body | ||||||
12 | or any of the
members of the body, or the event of becoming | ||||||
13 | disabled from earning full
wages at the work in which the | ||||||
14 | employee was engaged when last exposed to
the hazards of the | ||||||
15 | occupational disease by the employer from whom he or
she claims | ||||||
16 | compensation, or equal wages in other suitable employment;
and | ||||||
17 | "disability" means the state of being so incapacitated.
| ||||||
18 | (f) No compensation shall be payable for or on account of | ||||||
19 | any
occupational disease unless disablement, as herein | ||||||
20 | defined, occurs
within two years after the last day of the last | ||||||
21 | exposure to the hazards
of the disease, except in cases of | ||||||
22 | occupational disease caused by
berylliosis or by the inhalation | ||||||
23 | of silica dust or asbestos dust and, in
such cases, within 3 | ||||||
24 | years after the last day of the last exposure to
the hazards of | ||||||
25 | such disease and except in the case of occupational
disease | ||||||
26 | caused by exposure to radiological materials or equipment, and
| ||||||
27 | in such case, within 25 years after the last day of last | ||||||
28 | exposure to the
hazards of such disease.
| ||||||
29 | (Source: P.A. 81-992.)
| ||||||
30 | Section 60. The Illinois Administrative Procedure Act is | ||||||
31 | amended by changing Section 5-45 as follows:
| ||||||
32 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
|
| |||||||
| |||||||
1 | Sec. 5-45. Emergency rulemaking.
| ||||||
2 | (a) "Emergency" means the existence of any situation that | ||||||
3 | any agency
finds reasonably constitutes a threat to the public | ||||||
4 | interest, safety, or
welfare.
| ||||||
5 | (b) If any agency finds that an
emergency exists that | ||||||
6 | requires adoption of a rule upon fewer days than
is required by | ||||||
7 | Section 5-40 and states in writing its reasons for that
| ||||||
8 | finding, the agency may adopt an emergency rule without prior | ||||||
9 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
10 | with the Secretary of
State under Section 5-70. The notice | ||||||
11 | shall include the text of the
emergency rule and shall be | ||||||
12 | published in the Illinois Register. Consent
orders or other | ||||||
13 | court orders adopting settlements negotiated by an agency
may | ||||||
14 | be adopted under this Section. Subject to applicable | ||||||
15 | constitutional or
statutory provisions, an emergency rule | ||||||
16 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
17 | at a stated date less than 10 days
thereafter. The agency's | ||||||
18 | finding and a statement of the specific reasons
for the finding | ||||||
19 | shall be filed with the rule. The agency shall take
reasonable | ||||||
20 | and appropriate measures to make emergency rules known to the
| ||||||
21 | persons who may be affected by them.
| ||||||
22 | (c) An emergency rule may be effective for a period of not | ||||||
23 | longer than
150 days, but the agency's authority to adopt an | ||||||
24 | identical rule under Section
5-40 is not precluded. No | ||||||
25 | emergency rule may be adopted more
than once in any 24 month | ||||||
26 | period, except that this limitation on the number
of emergency | ||||||
27 | rules that may be adopted in a 24 month period does not apply
| ||||||
28 | to (i) emergency rules that make additions to and deletions | ||||||
29 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
30 | Public Aid Code or the
generic drug formulary under Section | ||||||
31 | 3.14 of the Illinois Food, Drug
and Cosmetic Act ,
or (ii) | ||||||
32 | emergency rules adopted by the Pollution Control
Board before | ||||||
33 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
34 | Facilities Act ; or (iii) emergency rules adopted by the |
| |||||||
| |||||||
1 | Illinois Department of Public Health under subsections (a) | ||||||
2 | through (i) of Section 2 of the Department of Public Health Act | ||||||
3 | when necessary to protect the public's health . Two or more | ||||||
4 | emergency rules having substantially the same
purpose and | ||||||
5 | effect shall be deemed to be a single rule for purposes of this
| ||||||
6 | Section.
| ||||||
7 | (d) In order to provide for the expeditious and timely | ||||||
8 | implementation
of the State's fiscal year 1999 budget, | ||||||
9 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
10 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
11 | may be adopted in
accordance with this Section by the agency | ||||||
12 | charged with administering that
provision or initiative, | ||||||
13 | except that the 24-month limitation on the adoption
of | ||||||
14 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
15 | do not apply
to rules adopted under this subsection (d). The | ||||||
16 | adoption of emergency rules
authorized by this subsection (d) | ||||||
17 | shall be deemed to be necessary for the
public interest, | ||||||
18 | safety, and welfare.
| ||||||
19 | (e) In order to provide for the expeditious and timely | ||||||
20 | implementation
of the State's fiscal year 2000 budget, | ||||||
21 | emergency rules to implement any
provision of this amendatory | ||||||
22 | Act of the 91st General Assembly
or any other budget initiative | ||||||
23 | for fiscal year 2000 may be adopted in
accordance with this | ||||||
24 | Section by the agency charged with administering that
provision | ||||||
25 | or initiative, except that the 24-month limitation on the | ||||||
26 | adoption
of emergency rules and the provisions of Sections | ||||||
27 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
28 | subsection (e). The adoption of emergency rules
authorized by | ||||||
29 | this subsection (e) shall be deemed to be necessary for the
| ||||||
30 | public interest, safety, and welfare.
| ||||||
31 | (f) In order to provide for the expeditious and timely | ||||||
32 | implementation
of the State's fiscal year 2001 budget, | ||||||
33 | emergency rules to implement any
provision of this amendatory | ||||||
34 | Act of the 91st General Assembly
or any other budget initiative |
| |||||||
| |||||||
1 | for fiscal year 2001 may be adopted in
accordance with this | ||||||
2 | Section by the agency charged with administering that
provision | ||||||
3 | or initiative, except that the 24-month limitation on the | ||||||
4 | adoption
of emergency rules and the provisions of Sections | ||||||
5 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
6 | subsection (f). The adoption of emergency rules
authorized by | ||||||
7 | this subsection (f) shall be deemed to be necessary for the
| ||||||
8 | public interest, safety, and welfare.
| ||||||
9 | (g) In order to provide for the expeditious and timely | ||||||
10 | implementation
of the State's fiscal year 2002 budget, | ||||||
11 | emergency rules to implement any
provision of this amendatory | ||||||
12 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
13 | for fiscal year 2002 may be adopted in
accordance with this | ||||||
14 | Section by the agency charged with administering that
provision | ||||||
15 | or initiative, except that the 24-month limitation on the | ||||||
16 | adoption
of emergency rules and the provisions of Sections | ||||||
17 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
18 | subsection (g). The adoption of emergency rules
authorized by | ||||||
19 | this subsection (g) shall be deemed to be necessary for the
| ||||||
20 | public interest, safety, and welfare.
| ||||||
21 | (h) In order to provide for the expeditious and timely | ||||||
22 | implementation
of the State's fiscal year 2003 budget, | ||||||
23 | emergency rules to implement any
provision of this amendatory | ||||||
24 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
25 | for fiscal year 2003 may be adopted in
accordance with this | ||||||
26 | Section by the agency charged with administering that
provision | ||||||
27 | or initiative, except that the 24-month limitation on the | ||||||
28 | adoption
of emergency rules and the provisions of Sections | ||||||
29 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
30 | subsection (h). The adoption of emergency rules
authorized by | ||||||
31 | this subsection (h) shall be deemed to be necessary for the
| ||||||
32 | public interest, safety, and welfare.
| ||||||
33 | (i) In order to provide for the expeditious and timely | ||||||
34 | implementation
of the State's fiscal year 2004 budget, |
| |||||||
| |||||||
1 | emergency rules to implement any
provision of this amendatory | ||||||
2 | Act of the 93rd General Assembly
or any other budget initiative | ||||||
3 | for fiscal year 2004 may be adopted in
accordance with this | ||||||
4 | Section by the agency charged with administering that
provision | ||||||
5 | or initiative, except that the 24-month limitation on the | ||||||
6 | adoption
of emergency rules and the provisions of Sections | ||||||
7 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
8 | subsection (i). The adoption of emergency rules
authorized by | ||||||
9 | this subsection (i) shall be deemed to be necessary for the
| ||||||
10 | public interest, safety, and welfare.
| ||||||
11 | (Source: P.A. 92-10, eff. 6-11-01; 92-597, eff. 6-28-02; 93-20, | ||||||
12 | eff.
6-20-03.)
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|