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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Hospice Program Licensing Act is amended by | ||||||
5 | adding Section 15 as follows: | ||||||
6 | (210 ILCS 60/15 new) | ||||||
7 | Sec. 15. Hospice and Palliative Care Advisory Board. | ||||||
8 | (a) The Director shall appoint a Hospice and Palliative | ||||||
9 | Care Advisory Board ("the Board") to consult with the | ||||||
10 | Department as provided in this Section. The membership of the | ||||||
11 | Board shall be as follows: | ||||||
12 | (1) The Director, ex officio, who shall be a nonvoting | ||||||
13 | member and shall serve as chairman of the Board. | ||||||
14 | (2) One representative of each of the following State | ||||||
15 | agencies, each of whom shall be a nonvoting member: the | ||||||
16 | Department of
Healthcare and Family Services, the | ||||||
17 | Department of Human Services, and the Department on Aging. | ||||||
18 | (3) One member who is a physician licensed to
practice | ||||||
19 | medicine in all its branches, selected from the | ||||||
20 | recommendations of a statewide professional society | ||||||
21 | representing physicians licensed to practice medicine in | ||||||
22 | all its branches in all specialties. | ||||||
23 | (4) One member who is a registered nurse,
selected from |
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1 | the recommendations of professional nursing associations. | ||||||
2 | (5) Four members selected from the
recommendations of | ||||||
3 | organizations whose primary membership consists of hospice | ||||||
4 | programs. | ||||||
5 | (6) Two members who represent the general
public and | ||||||
6 | who have no responsibility for management or formation of | ||||||
7 | policy of a hospice program and no financial interest in a | ||||||
8 | hospice program. | ||||||
9 | (7) One member selected from the
recommendations of | ||||||
10 | consumer organizations that engage in advocacy or legal | ||||||
11 | representation on behalf of hospice patients and their | ||||||
12 | immediate families. | ||||||
13 | (b) Of the initial appointees, 4 shall serve for terms of 2 | ||||||
14 | years, 4 shall serve for terms of 3 years, and 5 shall serve | ||||||
15 | for terms of 4 years, as determined by lot at the first meeting | ||||||
16 | of the Board. Each successor member shall be appointed for a | ||||||
17 | term of 4 years. A member appointed to fill a vacancy before | ||||||
18 | the expiration of the term for which his or her predecessor was | ||||||
19 | appointed shall be appointed to serve for the remainder of that | ||||||
20 | term. | ||||||
21 | (c) The Board shall meet as frequently as the chairman | ||||||
22 | deems necessary, but not less than 4 times each year. Upon the | ||||||
23 | request of 4 or more Board members, the chairman shall call a | ||||||
24 | meeting of the Board. A Board member may designate a | ||||||
25 | replacement to serve at a Board meeting in place of the member | ||||||
26 | by submitting a letter stating that designation to the chairman |
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1 | before or at the Board meeting. The replacement member must | ||||||
2 | represent the same general interests as the member being | ||||||
3 | replaced, as described in paragraphs (1) through (7) of | ||||||
4 | subsection (a). | ||||||
5 | (d) Board members are entitled to reimbursement for their | ||||||
6 | actual expenses incurred in performing their duties. | ||||||
7 | (e) The Board shall advise the Department on all aspects of | ||||||
8 | the Department's responsibilities under this Act, including | ||||||
9 | the format and content of any rules adopted by the Department | ||||||
10 | on or after the effective date of this amendatory Act of the | ||||||
11 | 95th General Assembly. Any such rule or amendment to a rule | ||||||
12 | proposed on or after the effective date of this amendatory Act | ||||||
13 | of the 95th General Assembly, except an emergency rule adopted | ||||||
14 | pursuant to Section 5-45 of the Illinois Administrative | ||||||
15 | Procedure Act, that is adopted without obtaining the advice of | ||||||
16 | the Board is null and void. If the Department fails to follow | ||||||
17 | the advice of the Board with respect to a proposed rule or | ||||||
18 | amendment to a rule, the Department shall, before adopting the | ||||||
19 | rule or amendment to a rule, transmit a written explanation of | ||||||
20 | the reason for its action to the Board. During its review of | ||||||
21 | rules, the Board shall analyze the economic and regulatory | ||||||
22 | impact of those rules. If the Board, having been asked for its | ||||||
23 | advice with respect to a proposed rule or amendment to a rule, | ||||||
24 | fails to advise the Department within 90 days, the proposed | ||||||
25 | rule or amendment shall be considered to have been acted upon | ||||||
26 | by the Board.
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