State Government Administration Committee
Filed: 5/18/2005
 
 

 




 

 		












09400HB3871ham001

LRB094 07508 RSP 45962 a






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AMENDMENT TO HOUSE BILL 3871 




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    AMENDMENT NO. ______. Amend House Bill 3871  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Department of Professional Regulation Law 
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of the
Civil Administrative Code of Illinois is amended  by 
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changing Section 2105-400 as follows:
 
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    (20 ILCS 2105/2105-400)

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    Sec. 2105-400. Emergency Powers.
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    (a) Upon proclamation of a disaster by the Governor, as 
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provided for in the Illinois Emergency Management Agency Act, 
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the Director of Professional Regulation shall have the 
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following powers, which shall be exercised only in coordination 
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with the Illinois Emergency Management Agency and the 
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Department of Public Health:

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        (1) The power to suspend the requirements for permanent 
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    or temporary licensure of persons who are licensed in 
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    another state and are working under the direction of the 
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    Illinois Emergency Management Agency (or an emergency 
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    services and disaster agency accredited by the Illinois 
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    Emergency Management Agency) and the Department of Public 
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    Health (or a local public health department) pursuant to a 
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    declared disaster.
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        (2) The power to modify the scope of practice 
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    restrictions under any licensing act administered by the 
 


 






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    Department for any person working under the direction of 
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    the Illinois Emergency Management Agency (or an emergency 
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    services and disaster agency accredited by the Illinois 
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    Emergency Management Agency) and the Illinois Department 
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    of Public Health (or a local public health department) 
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    pursuant to the declared disaster.
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        (3) The power to expand the exemption in Section 4(a) 
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    of the Pharmacy Practice Act of 1987 to those licensed 
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    professionals whose scope of practice has been modified, 
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    under paragraph (2) of subsection (a) of this Section, to 
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    include any element of the practice of pharmacy as defined 
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    in the Pharmacy Practice Act of 1987 for any person working 
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    under the direction of the Illinois Emergency Management 
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    Agency (or an emergency services and disaster agency 
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    accredited by the Illinois Emergency Management Agency) 
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    and the Illinois Department of Public Health (or a local 
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    public health department) pursuant to the declared 
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    disaster.
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    (b) Persons exempt from licensure under paragraph (1) of 
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subsection (a) of this Section and persons operating under 
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modified scope of practice provisions under paragraph (2) of 
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subsection (a) of this Section shall be exempt from licensure 
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or be subject to modified scope of practice only until the 
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declared disaster has ended as provided by law.
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    (c) The Director shall exercise these powers by way of 
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proclamation.

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(Source: P.A. 93-829, eff. 7-28-04.)
 
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    Section 10. The Department of Public Health Powers and 
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Duties Law of the
Civil Administrative Code of Illinois is 
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amended  by changing Section 2310-625 as follows:
 
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    (20 ILCS 2310/2310-625)

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    Sec. 2310-625. Emergency Powers.
 


 






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    (a) Upon proclamation of a disaster by the Governor, as 
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provided for in the Illinois Emergency Management Agency Act, 
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the Director of Public Health shall have the following powers, 
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which shall be exercised only in coordination with the Illinois 
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Emergency Management Agency and the Department of Professional 
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Regulation:
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        (1) The power to suspend the requirements for temporary 
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    or permanent licensure or certification of persons who are 
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    licensed or certified in another state and are working 
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    under the direction of the Illinois Emergency Management 
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    Agency (or an emergency services and disaster agency 
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    accredited by the Illinois Emergency Management Agency) 
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    and the Illinois Department of Public Health (or a local 
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    public health department) pursuant to the declared 
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    disaster.
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        (2) The power to modify the scope of practice 
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    restrictions under the Emergency Medical Services (EMS) 
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    Systems Act for any persons who are licensed under that Act 
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    for any person working under the direction of the Illinois 
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    Emergency Management Agency (or an emergency services and 
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    disaster agency accredited by the Illinois Emergency 
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    Management Agency) and the Illinois Department of Public 
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    Health (or a local public health department) pursuant to 
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    the declared disaster.
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        (3) The power to modify the scope of practice 
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    restrictions under the Nursing Home Care Act for Certified 
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    Nursing Assistants for any person working under the 
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    direction of the Illinois Emergency Management Agency (or 
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    an emergency services and disaster agency accredited by the 
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    Illinois Emergency Management Agency) and the Illinois 
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    Department of Public Health (or a local public health 
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    department) pursuant to the declared disaster.
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    (b) Persons exempt from licensure or certification under 
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paragraph (1) of subsection (a) and persons operating under 
 


 






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modified scope of practice provisions under paragraph (2) of 
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subsection (a) and paragraph (3) of subsection (a) shall be 
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exempt from licensure or certification or subject to modified 
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scope of practice only until the declared disaster has ended as 
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provided by law.
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    (c) The Director shall exercise these powers by way of 
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proclamation.


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(Source: P.A. 93-829, eff. 7-28-04.)".