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LRB093 19003 AMC 44738 b |
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| AN ACT concerning health care.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Occupational Therapy Practice Act |
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| is amended by changing Sections 3.1 and 19 as follows:
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| (225 ILCS 75/3.1)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 3.1. Referrals. A licensed occupational therapist or |
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| licensed
occupational therapy assistant may consult with, |
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| educate, evaluate, and monitor
services for clients concerning |
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| non-medical occupational therapy needs.
Implementation of |
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| direct occupational therapy to individuals for their specific
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| health care conditions shall be based upon a referral from a |
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| licensed
physician, dentist, podiatrist, advanced practice |
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| nurse who has a written collaborative agreement with a |
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| collaborating physician to provide or accept referrals from |
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| licensed occupational therapists, physician assistant who has |
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| been delegated authority to provide or accept referrals from or |
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| to licensed occupational therapists, or optometrist.
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| An occupational therapist shall refer to a licensed |
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| physician, dentist,
optometrist, advanced practice nurse, |
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| physician assistant, or podiatrist any patient whose medical |
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| condition should, at the
time of evaluation or treatment, be |
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| determined to be beyond the scope of
practice of the |
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| occupational therapist.
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| (Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03.)
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| (225 ILCS 75/19) (from Ch. 111, par. 3719)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 19. (a) The Department may refuse to issue or renew, |
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| or may revoke,
suspend, place on probation, reprimand or take |
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| other disciplinary
action as the Department may deem proper, |
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LRB093 19003 AMC 44738 b |
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| including fines not to exceed
$2,500 for each violation, with |
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| regard to any license for
any one or combination of the |
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| following:
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| (1) Material misstatement in furnishing information to |
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| the Department;
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| (2) Wilfully violating this Act, or of the rules |
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| promulgated thereunder;
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| (3) Conviction of any crime under the laws of the |
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| United States or any
state or territory thereof which is a |
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| felony or which is a misdemeanor,
an essential element of |
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| which is dishonesty, or of any crime which is directly
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| related to the practice of occupational therapy;
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| (4) Making any misrepresentation for the purpose of |
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| obtaining
certification, or violating any provision of |
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| this Act or the rules promulgated
thereunder pertaining to |
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| advertising;
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| (5) Having demonstrated unworthiness, or incompetency |
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| to act as an
occupational therapist or occupational therapy |
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| assistant in such manner as to
safeguard the interest of |
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| the public;
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| (6) Wilfully aiding or assisting another person, firm, |
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| partnership or
corporation in violating any provision of |
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| this Act or rules;
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| (7) Failing, within 60 days, to provide information in |
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| response to a
written request made by the Department;
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| (8) Engaging in dishonorable, unethical or |
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| unprofessional conduct of a
character likely to deceive, |
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| defraud or harm the public;
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| (9) Habitual intoxication or addiction to the use of |
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| drugs;
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| (10) Discipline by another state, the District of |
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| Columbia, a territory,
or foreign nation, if at least one |
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| of the grounds for the discipline is
the same or |
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| substantially equivalent to those set forth herein;
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| (11) Directly or indirectly giving to or receiving from |
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| any person, firm,
corporation, partnership or association |
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LRB093 19003 AMC 44738 b |
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| any fee, commission, rebate or other
form of compensation |
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| for professional services not actually or personally
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| rendered;
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| (12) A finding by the Department that the license |
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| holder, after having his
license disciplined, has violated |
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| the terms of the discipline;
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| (13) Wilfully making or filing false records or reports |
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| in the practice
of occupational therapy, including but not |
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| limited to false records filed
with the State agencies or |
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| departments;
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| (14) Physical illness, including but not limited to, |
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| deterioration through
the aging process, or loss of motor |
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| skill which results in the inability
to practice the |
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| profession with reasonable judgment, skill or safety;
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| (15) Solicitation of professional services other than |
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| by permitted
advertising;
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| (16) Wilfully exceeding the scope of practice |
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| customarily undertaken by
persons licensed under this Act, |
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| which conduct results in, or may result
in, harm to the |
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| public;
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| (17) Holding one's self out to practice occupational |
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| therapy under any
name other than his own or impersonation |
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| of any other occupational therapy
licensee;
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| (18) Gross negligence;
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| (19) Malpractice;
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| (20) Obtaining a fee in money or gift in kind of any |
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| other items of value
or in the form of financial profit or |
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| benefit as personal compensation,
or as compensation, or |
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| charge, profit or gain for an employer or for any
other |
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| person or persons, on the fraudulent misrepresentation |
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| that a manifestly
incurable condition of sickness, disease |
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| or injury to any person can be cured;
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| (21) Accepting commissions or rebates or other forms of |
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| remuneration for
referring persons to other professionals;
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| (22) Failure to file a return, or to pay the tax, |
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| penalty or interest
shown in a filed return, or to pay any |
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LRB093 19003 AMC 44738 b |
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| final assessment of tax, penalty or
interest, as required |
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| by any tax Act administered by the Illinois
Department of |
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| Revenue, until such time as the requirements of any such |
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| tax
Act are satisfied;
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| (23) Violating the Health Care Worker Self-Referral |
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| Act; and
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| (24) Having treated patients other than by the practice |
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| of occupational
therapy as defined in this Act, or having |
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| treated patients as a licensed
occupational therapist |
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| independent of a referral from a physician, advanced |
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| practice nurse or physician assistant in accordance with |
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| Section 3.1, dentist,
podiatrist, or optometrist, or |
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| having failed to notify the physician,
advanced practice |
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| nurse, physician assistant,
dentist, podiatrist, or |
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| optometrist who established a diagnosis that the
patient is
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| receiving occupational therapy pursuant to that diagnosis.
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| (b) The determination by a circuit court that a license |
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| holder is subject
to involuntary admission or judicial |
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| admission as provided in the Mental
Health and Developmental |
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| Disabilities Code, as now or hereafter amended,
operates as an |
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| automatic suspension. Such suspension will end only upon
a |
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| finding by a court that the patient is no longer subject to |
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| involuntary
admission or judicial admission, an order by the |
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| court so finding and
discharging the patient, and the |
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| recommendation of the Board to the
Director that the license |
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| holder be allowed to resume his practice.
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| (c) The Department may refuse to issue or take disciplinary |
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| action
concerning
the license of any person who fails to file a |
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| return, to pay the tax, penalty,
or interest
shown in a filed |
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| return, or to pay any final assessment of tax, penalty, or
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| interest as
required by any tax Act administered by the |
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| Department of Revenue, until such
time as
the requirements of |
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| any such tax Act are satisfied as determined by the
Department |
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| of
Revenue.
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| (d) In enforcing this Section, the Board, upon a showing of |
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| a possible
violation,
may compel a licensee or applicant to |
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SB2377 Enrolled |
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LRB093 19003 AMC 44738 b |
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| submit to a mental or physical
examination, or
both, as |
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| required by and at the expense of the Department. The examining |
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| physicians or
clinical psychologists shall be those |
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| specifically designated by the Board. The Board or
the |
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| Department may order (i) the examining physician to present |
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| testimony concerning
the mental or physical examination of a |
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| licensee or applicant or (ii) the examining
clinical |
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| psychologist to present testimony concerning the mental |
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| examination of a
licensee or applicant. No information shall be |
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| excluded by reason of any common law
or statutory privilege |
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| relating to communications between a licensee or applicant and |
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| the
examining physician or clinical psychologist. An |
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| individual to be examined may have,
at his or her own expense, |
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| another physician or clinical psychologist of his or her choice
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| present during all aspects of the examination. Failure of an |
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| individual to
submit to a
mental or physical examination, when |
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| directed, is grounds for suspension of his
or her
license. The |
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| license must remain suspended until the person submits to the
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| examination
or the Board finds, after notice and hearing, that |
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| the refusal to submit to the
examination
was with reasonable |
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| cause.
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| If the Board finds an individual unable to practice because |
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| of the reasons
set
forth in this Section, the Board must |
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| require the individual to submit to care,
counseling,
or |
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| treatment by a physician or clinical psychologist approved by |
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| the Board, as
a
condition, term, or restriction for continued, |
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| reinstated, or renewed licensure
to practice.
In lieu of care, |
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| counseling, or treatment, the Board may recommend that the
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| Department
file a complaint to immediately suspend or revoke |
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| the license of the individual
or
otherwise discipline the |
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| licensee.
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| Any individual whose license was granted, continued, |
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| reinstated, or renewed
subject to conditions, terms, or |
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| restrictions, as provided for in this Section,
or any
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| individual who was disciplined or placed on supervision |
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| pursuant to this
Section must
be referred to the Director for a |
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LRB093 19003 AMC 44738 b |
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| determination as to whether the person shall
have his or
her |
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| license suspended immediately, pending a hearing by the Board.
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| (Source: P.A. 93-461, eff. 8-8-03.)
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| Section 15. The Sexual Assault Survivors Emergency |
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| Treatment Act is amended by changing Sections 2.2, 5, and 6.4 |
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| as follows:
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| (410 ILCS 70/2.2)
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| Sec. 2.2. Emergency contraception.
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| (a) The General Assembly finds:
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| (1) Crimes of sexual violence cause significant |
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| physical, emotional, and
psychological trauma to the |
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| victims. This trauma is compounded by a victim's
fear of |
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| becoming pregnant and bearing a child as a result of the |
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| sexual
assault.
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| (2) Each year over 32,000 women become pregnant in the |
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| United States as
the result of rape and
approximately 50% |
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| of these pregnancies end in abortion.
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| (3) As approved for use by the Federal Food and Drug |
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| Administration (FDA),
emergency contraception can |
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| significantly reduce the risk of pregnancy if taken
within |
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| 72 hours after the sexual assault.
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| (4) By providing emergency contraception to rape |
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| victims in a timely
manner, the trauma of rape can be |
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| significantly reduced.
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| (b) Within 120 days after the effective date of this |
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| amendatory Act of the
92nd General Assembly, every hospital |
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| providing services to alleged sexual
assault survivors in |
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| accordance with a plan approved under Section 2 must
develop a |
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| protocol that ensures that each survivor of sexual
assault will |
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| receive medically and factually accurate and written and oral
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| information about emergency contraception; the indications and
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| counter-indications and risks associated with the use of |
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| emergency
contraception;
and a description of how and when |
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| victims may be provided emergency
contraception upon
the |
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LRB093 19003 AMC 44738 b |
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| written order of a physician licensed to practice medicine
in |
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| all its branches , an advanced practice nurse who has a written |
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| collaborative agreement with a collaborating physician that |
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| authorizes prescription of emergency contraception, or a |
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| physician assistant who has been delegated authority to |
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| prescribe emergency contraception . The Department shall |
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| approve the protocol if it finds
that the implementation of the |
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| protocol would provide sufficient protection
for survivors of |
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| an alleged sexual assault.
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| The hospital shall implement the protocol upon approval by |
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| the Department.
The Department shall adopt rules and |
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| regulations establishing one or more safe
harbor protocols and |
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| setting minimum acceptable protocol standards that
hospitals |
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| may develop and implement. The Department shall approve any |
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| protocol
that meets those standards. The Department may provide |
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| a sample acceptable
protocol upon request.
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| (Source: P.A. 92-156, eff. 1-1-02.)
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| (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
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| Sec. 5. Minimum requirements for hospitals providing |
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| emergency service
to sexual assault survivors.
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| (a) Every hospital providing emergency
hospital services |
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| to an alleged sexual assault survivor under this Act
shall, as |
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| minimum requirements for such services, provide, with the |
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| consent
of the alleged sexual assault survivor, and as ordered |
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| by the attending
physician, an advanced practice nurse who has |
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| a written collaborative agreement with a collaborating |
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| physician that authorizes provision of emergency services, or a |
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| physician assistant who has been delegated authority to provide |
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| emergency services, the following:
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| (1) appropriate medical examinations and laboratory
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| tests required to ensure the health, safety, and welfare
of |
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| an alleged sexual assault survivor or which may be
used as |
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| evidence in a criminal proceeding against a person accused |
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| of the
sexual assault, or both; and records of the results |
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| of such examinations
and tests shall be maintained by the |
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LRB093 19003 AMC 44738 b |
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| hospital and made available to law
enforcement officials |
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| upon the request of the alleged sexual assault survivor;
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| (2) appropriate oral and written information |
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| concerning the possibility
of infection, sexually |
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| transmitted disease and pregnancy
resulting from sexual |
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| assault;
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| (3) appropriate oral and written information |
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| concerning accepted medical
procedures, medication, and |
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| possible contraindications of such medication
available |
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| for the prevention or treatment of infection or disease |
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| resulting
from sexual assault;
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| (4) such medication as deemed appropriate by the |
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| attending physician , an advanced practice nurse, or a |
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| physician assistant ;
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| (5) a blood test to determine the presence or absence |
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| of sexually
transmitted disease;
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| (6) written and oral instructions indicating the need |
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| for a second blood
test 6 weeks after the sexual assault to |
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| determine the presence or absence of
sexually transmitted |
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| disease; and
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| (7) appropriate counseling as determined by the |
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| hospital, by trained
personnel designated by the hospital.
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| (b) Any minor who is an alleged survivor of sexual
assault |
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| who seeks emergency services
under this Act shall be provided |
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| such services without the consent
of the parent, guardian or |
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| custodian of the minor.
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| (Source: P.A. 91-888, eff. 7-6-00.)
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| (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
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| Sec. 6.4. Sexual assault evidence collection program.
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| (a) There is created a statewide sexual assault evidence |
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| collection program
to facilitate the prosecution of persons |
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| accused of sexual assault. This
program shall be administered |
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| by the Illinois
State Police. The program shall
consist of the |
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| following: (1) distribution of sexual assault evidence
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| collection kits which have been approved by the Illinois
State |
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LRB093 19003 AMC 44738 b |
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| Police to hospitals that request them, or arranging for
such |
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| distribution by the manufacturer of the kits, (2) collection of |
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| the kits
from hospitals after the kits have been used to |
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| collect
evidence, (3) analysis of the collected evidence and |
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| conducting of laboratory
tests, and (4) maintaining the chain |
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| of custody and safekeeping of the evidence
for use in a legal |
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| proceeding. The standardized evidence collection kit for
the |
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| State of Illinois shall be the State Police Evidence Collection |
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| Kit, also
known as "S.P.E.C.K.".
A sexual assault evidence |
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| collection kit may not be released by a hospital
without the |
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| written consent of the sexual assault survivor. In the case of |
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| a
survivor who is a minor 13 years of age or older, evidence |
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| and
information concerning the alleged sexual assault may be |
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| released at the
written request of the minor. If the survivor |
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| is a minor who is under 13 years
of age, evidence and |
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| information concerning the alleged sexual assault may be
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| released at the written request of the parent, guardian, |
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| investigating law
enforcement officer, or Department of |
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| Children and Family Services. Any health
care professional, |
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| including any physician , advanced practice nurse, physician |
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| assistant, or nurse, sexual assault nurse
examiner, and any |
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| health care
institution, including any hospital, who provides |
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| evidence or information to a
law enforcement officer pursuant |
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| to a written request as specified in this
Section is immune |
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| from any civil or professional liability that might arise
from |
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| those actions, with the exception of willful or wanton |
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| misconduct. The
immunity provision applies only if all of the |
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| requirements of this Section are
met.
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| (b) The Illinois State Police shall administer a program to |
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| train hospitals
and hospital personnel participating in the |
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| sexual assault evidence collection
program, in the correct use |
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| and application of the sexual assault evidence
collection kits. |
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| A sexual assault nurse examiner may conduct
examinations using |
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| the sexual assault evidence collection kits, without the
|
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| presence or participation of a physician. The Department of |
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| Public Health
shall
cooperate with the Illinois State Police in |
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LRB093 19003 AMC 44738 b |
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| this
program as it pertains to medical aspects of the evidence |
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| collection.
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| (c) In this Section, "sexual assault nurse examiner" means |
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| a registered
nurse
who has completed a sexual assault nurse |
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| examiner (SANE) training program that
meets the Forensic Sexual |
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| Assault Nurse Examiner Education Guidelines
established by the |
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| International Association of Forensic Nurses.
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| (Source: P.A. 91-888, eff. 7-6-00; 92-514, eff. 1-1-02.)
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| Section 20. The Prenatal and Newborn Care Act is amended by |
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| changing Sections 2 and 6 as follows:
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| (410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
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| Sec. 2. Definitions. As used in this Act, unless the |
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| context otherwise
requires:
|
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| "Advanced practice nurse" or "APN" means an advanced |
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| practice nurse licensed under the Nursing and Advanced Practice |
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| Nursing Act who has a written collaborative agreement with a |
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| collaborating physician that authorizes the provision of |
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| prenatal and newborn care.
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|
(a) "Department" means the Illinois Department of Human |
20 |
| Services.
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|
(b) "Early and Periodic Screening, Diagnosis and Treatment |
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| (EPSDT)" means
the provision of preventative health care under |
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| 42 C.F.R. 441.50 et seq.,
including medical and dental |
24 |
| services, needed to assess growth and
development and detect |
25 |
| and treat health problems.
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|
(c) "Hospital" means a hospital as defined under the |
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| Hospital Licensing Act.
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|
(d) "Local health authority" means the full-time official |
29 |
| health
department or board of health, as recognized by the |
30 |
| Illinois Department
of Public Health, having
jurisdiction over |
31 |
| a particular area.
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|
(e) "Nurse" means a nurse licensed under the Nursing and
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| Advanced Practice Nursing Act.
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|
(f) "Physician" means a physician licensed to practice |
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LRB093 19003 AMC 44738 b |
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| medicine in all of
its branches.
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| "Physician assistant" means a physician assistant licensed |
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| under the Physician Assistant Practice Act of 1987 who has been |
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| delegated authority to provide prenatal and newborn care.
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|
(g) "Postnatal visit" means a visit occurring after birth, |
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| with
reference to the newborn.
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|
(h) "Prenatal visit" means a visit occurring before birth.
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|
(i) "Program" means the Prenatal and Newborn Care Program |
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| established
pursuant to this Act.
|
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| (Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)
|
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| (410 ILCS 225/6) (from Ch. 111 1/2, par. 7026)
|
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| Sec. 6. Covered services.
|
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| (a) Covered services under the program may
include, but are |
14 |
| not necessarily limited to, the following:
|
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| (1) Laboratory services related to a recipient's |
16 |
| pregnancy, performed or
ordered by a physician , advanced |
17 |
| practice nurse, or physician assistant .
|
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| (2) Screening and treatment for sexually transmitted
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| disease.
|
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| (3) Prenatal visits to a physician in the physician's |
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| office , an advanced practice nurse in the advanced practice |
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| nurse's office, a physician assistant in the physician |
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| assistant's office, or to a
hospital outpatient prenatal |
24 |
| clinic, local health department maternity
clinic , or |
25 |
| community health center.
|
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| (4) Radiology services which are directly related to |
27 |
| the pregnancy, are
determined to be medically necessary and |
28 |
| are ordered by a physician , an advanced practice nurse, or |
29 |
| a physician assistant .
|
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| (5) Pharmacy services related to the pregnancy.
|
31 |
| (6) Other medical consultations related to the |
32 |
| pregnancy.
|
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| (7) Physician , advanced practice nurse, physician |
34 |
| assistant, or nurse services associated with delivery.
|
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| (8) One postnatal office visit within 60 days after |
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SB2377 Enrolled |
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LRB093 19003 AMC 44738 b |
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| delivery.
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| (9) Two EPSDT-equivalent screenings for the infant |
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| within 90 days after
birth.
|
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| (10) Social and support services.
|
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| (11) Nutrition services.
|
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| (12) Case management services.
|
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| (b) The following services shall not be covered under the |
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| program:
|
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| (1) Services determined by the Department not to be |
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| medically necessary.
|
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| (2) Services not directly related to the pregnancy, |
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| except for the 2
covered EPSDT-equivalent screenings.
|
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| (3) Hospital inpatient services.
|
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| (4) Anesthesiologist and radiologist services during a |
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| period of
hospital inpatient care.
|
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| (5) Physician , advanced practice nurse, and physician |
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| assistant hospital visits.
|
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| (6) Services considered investigational or |
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| experimental.
|
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| (Source: P.A. 89-187, eff. 7-19-95.)
|
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| Section 30. The Illinois Sexually Transmissible Disease |
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| Control Act is amended by changing Sections 4 and 5.5 as |
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| follows:
|
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| (410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
|
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| Sec. 4. Reporting required.
|
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| (a) A physician licensed under the provisions of the |
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| Medical Practice Act
of 1987 , an advanced practice nurse |
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| licensed under the provisions of the Nursing and Advanced |
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| Practice Nursing Act who has a written collaborative agreement |
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| with a collaborating physician that authorizes the provision of |
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| services for a sexually transmissible disease, or a physician |
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| assistant licensed under the provisions of the Physician |
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| Assistant Practice Act of 1987 who has been delegated authority |
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| to provide services for a sexually transmissible disease
who |
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SB2377 Enrolled |
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LRB093 19003 AMC 44738 b |
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| makes a diagnosis of or treats a person with a sexually
|
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| transmissible disease and each laboratory that performs a test |
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| for a sexually
transmissible disease which concludes with a |
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| positive result shall report such
facts as may be required by |
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| the Department by rule, within such time period as
the |
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| Department may require by rule, but in no case to exceed 2 |
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| weeks.
|
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| (b) The Department shall adopt rules specifying the |
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| information
required in reporting a sexually transmissible |
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| disease, the method of
reporting and specifying a minimum time |
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| period for reporting. In adopting
such rules, the Department |
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| shall consider the need for information,
protections for the |
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| privacy and confidentiality of the patient, and the
practical |
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| abilities of persons and laboratories to report in a reasonable
|
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| fashion.
|
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| (c) Any person who knowingly or maliciously disseminates |
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| any false
information or report concerning the existence of any |
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| sexually
transmissible disease under this Section is guilty of |
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| a Class A misdemeanor.
|
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| (d) Any person who violates the provisions of this Section |
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| or the rules
adopted hereunder may be fined by the Department |
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| up to $500 for each
violation. The Department shall report each |
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| violation of this Section to
the regulatory agency responsible |
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| for licensing a health care professional
or a laboratory to |
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| which these provisions apply.
|
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| (Source: P.A. 90-14, eff. 7-1-97.)
|
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| (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
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| Sec. 5.5. Risk assessment.
|
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| (a) Whenever the Department receives a report of HIV |
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| infection or AIDS
pursuant to this Act and the Department |
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| determines that the subject of the
report may present or may |
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| have presented a possible risk of HIV
transmission, the |
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| Department shall, when medically appropriate, investigate
the |
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| subject of the report and that person's contacts as defined in
|
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| subsection (c), to assess the potential risks of transmission. |
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SB2377 Enrolled |
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LRB093 19003 AMC 44738 b |
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| Any
investigation and action shall be conducted in a timely |
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| fashion. All
contacts other than those defined in subsection |
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| (c) shall be investigated
in accordance with Section 5 of this |
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| Act.
|
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| (b) If the Department determines that there is or may have |
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| been
potential risks of HIV transmission from the subject of |
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| the report to other
persons, the Department shall afford the |
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| subject the opportunity to submit
any information and comment |
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| on proposed actions the Department intends to
take with respect |
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| to the subject's contacts who are at potential risk of
|
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| transmission of HIV prior to notification of the subject's |
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| contacts. The
Department shall also afford the subject of the |
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| report the opportunity to
notify the subject's contacts in a |
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| timely fashion who are at potential risk
of transmission of HIV |
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| prior to the Department taking any steps to notify
such |
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| contacts. If the subject declines to notify such contacts or if |
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| the
Department determines the notices to be inadequate or |
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| incomplete, the
Department shall endeavor to notify such other |
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| persons of the potential
risk, and offer testing and counseling |
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| services to these individuals. When
the contacts are notified, |
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| they shall be informed of the disclosure
provisions of the AIDS |
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| Confidentiality Act and the penalties therein and
this Section.
|
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| (c) Contacts investigated under this Section shall in the |
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| case of HIV
infection include (i) individuals who have |
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| undergone invasive procedures
performed by an HIV infected |
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| health care provider and (ii)
health care providers who have |
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| performed invasive procedures for persons
infected with HIV, |
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| provided the Department has determined that there is or
may |
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| have been potential risk of HIV transmission from the health |
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| care
provider to those individuals or from infected persons to |
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| health care
providers. The Department shall have access to the |
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| subject's records to
review for the identity of contacts. The |
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| subject's records shall not be
copied or seized by the |
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| Department.
|
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| For purposes of this subsection, the term "invasive |
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| procedures" means
those procedures termed invasive by the |
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SB2377 Enrolled |
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LRB093 19003 AMC 44738 b |
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| Centers for Disease Control in
current guidelines or |
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| recommendations for the prevention of HIV
transmission in |
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| health care settings, and the term "health care provider"
means |
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| any physician, dentist, podiatrist, advanced practice nurse, |
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| physician assistant, nurse , or other person providing
health |
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| care services of any kind.
|
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| (d) All information and records held by the Department and |
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| local health
authorities pertaining to activities conducted |
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| pursuant to this Section
shall be strictly confidential and |
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| exempt from copying and inspection under
the Freedom of |
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| Information Act. Such information and records shall not be
|
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| released or made public by the Department or local health |
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| authorities, and
shall not be admissible as evidence, nor |
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| discoverable in any action of any
kind in any court or before |
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| any tribunal, board, agency or person and shall
be treated in |
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| the same manner as the information and those records subject
to |
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| the provisions of Part 21 of the Code of Civil Procedure except |
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| under
the following circumstances:
|
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| (1) When made with the written consent of all persons |
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| to whom this
information pertains;
|
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| (2) When authorized under Section 8 to be released |
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| under court order
or subpoena pursuant to Section 12-16.2 |
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| of the Criminal Code of 1961; or
|
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| (3) When made by the Department for the purpose of |
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| seeking a warrant
authorized by Sections 6 and 7 of this |
26 |
| Act. Such disclosure shall conform
to the requirements of |
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| subsection (a) of Section 8 of this Act.
|
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| (e) Any person who knowingly or maliciously disseminates |
29 |
| any
information or report concerning the existence of any |
30 |
| disease under this
Section is guilty of a Class A misdemeanor.
|
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| (Source: P.A. 87-763.)
|
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| Section 35. The Consent by Minors to Medical Procedures Act |
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| is amended by changing Sections 1, 2, 3, and 5 as follows:
|
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| (410 ILCS 210/1) (from Ch. 111, par. 4501)
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SB2377 Enrolled |
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LRB093 19003 AMC 44738 b |
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| Sec. 1. Consent by minor. The consent to the performance of |
2 |
| a medical or
surgical procedure
by a physician licensed to |
3 |
| practice medicine and surgery , an advanced practice nurse who |
4 |
| has a written collaborative agreement with a collaborating |
5 |
| physician that authorizes provision of services for minors, or |
6 |
| a physician assistant who has been delegated authority to |
7 |
| provide services for minors executed by a
married person who is |
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| a minor, by a parent who is a minor, by a pregnant
woman who is |
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| a minor, or by
any person 18 years of age or older, is not |
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| voidable because of such
minority, and, for such purpose, a |
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| married person who is a minor, a parent
who is a minor, a
|
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| pregnant woman who is a minor, or any person 18 years of age or |
13 |
| older, is
deemed to have the same legal capacity to act and has |
14 |
| the same powers and
obligations as has a person of legal age.
|
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| (Source: P.A. 89-187, eff. 7-19-95.)
|
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| (410 ILCS 210/2) (from Ch. 111, par. 4502)
|
17 |
| Sec. 2. Any parent, including a parent who is a minor, may |
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| consent to the
performance upon his or her child of a medical |
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| or surgical procedure by a
physician licensed to practice |
20 |
| medicine and surgery , an advanced practice nurse who has a |
21 |
| written collaborative agreement with a collaborating physician |
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| that authorizes provision of services for minors, or a |
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| physician assistant who has been delegated authority to provide |
24 |
| services for minors or a dental procedure
by a licensed |
25 |
| dentist. The consent of a parent who is a minor shall not be
|
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| voidable because of such minority, but, for such purpose, a |
27 |
| parent who is a
minor shall be deemed to have the same legal |
28 |
| capacity to act and shall have
the same powers and obligations |
29 |
| as has a person of legal age.
|
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| (Source: P.A. 77-1661.)
|
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| (410 ILCS 210/3) (from Ch. 111, par. 4503)
|
32 |
| Sec. 3. (a) Where a hospital ,
or a physician , licensed to |
33 |
| practice medicine
or surgery, an advanced practice nurse who |
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| has a written collaborative agreement with a collaborating |
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SB2377 Enrolled |
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LRB093 19003 AMC 44738 b |
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| physician that authorizes provision of services for minors, or |
2 |
| a physician assistant who has been delegated authority to |
3 |
| provide services for minors renders emergency treatment or |
4 |
| first aid or a licensed dentist
renders emergency dental |
5 |
| treatment to a minor, consent of the minor's parent
or legal |
6 |
| guardian need not be obtained if, in the sole opinion of the
|
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| physician,
advanced practice nurse, physician assistant,
|
8 |
| dentist , or hospital, the obtaining of consent is not |
9 |
| reasonably feasible
under the circumstances without adversely |
10 |
| affecting the condition of such
minor's health.
|
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| (b) Where a minor is the victim of a predatory criminal |
12 |
| sexual assault of
a child, aggravated criminal sexual assault, |
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| criminal sexual assault,
aggravated criminal sexual abuse or |
14 |
| criminal sexual abuse, as provided in
Sections 12-13 through |
15 |
| 12-16 of the Criminal Code of 1961, as now or hereafter
|
16 |
| amended, the consent
of the minor's parent or legal guardian |
17 |
| need not be obtained to authorize
a hospital, physician , |
18 |
| advanced practice nurse, physician assistant, or other medical |
19 |
| personnel to furnish medical care
or counseling related to the |
20 |
| diagnosis or treatment of any disease or injury
arising from |
21 |
| such offense. The minor may consent to such counseling, |
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| diagnosis
or treatment as if the minor had reached his or her |
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| age of majority. Such
consent shall not be voidable, nor |
24 |
| subject to later disaffirmance, because
of minority.
|
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| (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
|
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| (410 ILCS 210/5) (from Ch. 111, par. 4505)
|
27 |
| Sec. 5. Counseling; informing parent or guardian. Any |
28 |
| physician , advanced practice nurse, or physician assistant,
|
29 |
| who
provides diagnosis or treatment or any
licensed clinical |
30 |
| psychologist or professionally trained social worker
with a |
31 |
| master's degree or any qualified person employed (i) by an
|
32 |
| organization licensed or funded by the Department of Human
|
33 |
| Services, (ii) by units of local
government, or (iii) by |
34 |
| agencies or organizations operating drug abuse programs
funded |
35 |
| or licensed by the Federal Government or the State of Illinois
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SB2377 Enrolled |
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LRB093 19003 AMC 44738 b |
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| or any qualified person employed by or associated with any |
2 |
| public or private
alcoholism or drug abuse program licensed by |
3 |
| the State of Illinois who
provides counseling to a minor |
4 |
| patient who has come into contact with any
sexually transmitted |
5 |
| disease referred to in Section 4 of this
Act may, but shall not |
6 |
| be
obligated to, inform the parent, parents, or guardian of the |
7 |
| minor as to
the treatment given or needed. Any person described |
8 |
| in this Section who
provides counseling to a minor who abuses |
9 |
| drugs or alcohol or has a family
member who abuses drugs or |
10 |
| alcohol shall not inform the parent, parents,
guardian, or |
11 |
| other responsible adult of the minor's condition or treatment
|
12 |
| without the minor's consent unless that action is, in the |
13 |
| person's
judgment, necessary to protect the safety of the |
14 |
| minor, a family member, or
another individual.
|
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| Any such person shall, upon the minor's consent, make |
16 |
| reasonable efforts
to involve the family of the minor in his or |
17 |
| her treatment, if the person
furnishing the treatment believes |
18 |
| that the involvement of the family will
not be detrimental to |
19 |
| the progress and care of the minor. Reasonable effort
shall be |
20 |
| extended to assist the minor in accepting the involvement of |
21 |
| his
or her family in the care and treatment being given.
|
22 |
| (Source: P.A. 89-187, eff. 7-19-95; 89-507, eff. 7-1-97.)
|
23 |
| Section 99. Effective date. This Act takes effect upon |
24 |
| becoming law.
|