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7 | (Section scheduled to be repealed on January 1, 2014)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28 | (Section scheduled to be repealed on January 1, 2014)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