HB0421 EnrolledLRB099 05828 HAF 25872 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 4 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification Card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof, or who applies for a standard Illinois Identification
12Card upon release as a committed person on parole, mandatory
13supervised release, aftercare release, final discharge, or
14pardon from the Department of Corrections or Department of
15Juvenile Justice by submitting an identification card issued by
16the Department of Corrections or Department of Juvenile Justice
17under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
18Corrections, together with the prescribed fees. No
19identification card shall be issued to any person who holds a
20valid foreign state identification card, license, or permit
21unless the person first surrenders to the Secretary of State
22the valid foreign state identification card, license, or
23permit. The card shall be prepared and supplied by the

 

 

HB0421 Enrolled- 2 -LRB099 05828 HAF 25872 b

1Secretary of State and shall include a photograph and signature
2or mark of the applicant. However, the Secretary of State may
3provide by rule for the issuance of Illinois Identification
4Cards without photographs if the applicant has a bona fide
5religious objection to being photographed or to the display of
6his or her photograph. The Illinois Identification Card may be
7used for identification purposes in any lawful situation only
8by the person to whom it was issued. As used in this Act,
9"photograph" means any color photograph or digitally produced
10and captured image of an applicant for an identification card.
11As used in this Act, "signature" means the name of a person as
12written by that person and captured in a manner acceptable to
13the Secretary of State.
14    (a-5) If an applicant for an identification card has a
15current driver's license or instruction permit issued by the
16Secretary of State, the Secretary may require the applicant to
17utilize the same residence address and name on the
18identification card, driver's license, and instruction permit
19records maintained by the Secretary. The Secretary may
20promulgate rules to implement this provision.
21    (a-10) If the applicant is a judicial officer as defined in
22Section 1-10 of the Judicial Privacy Act or a peace officer,
23the applicant may elect to have his or her office or work
24address listed on the card instead of the applicant's residence
25or mailing address. The Secretary may promulgate rules to
26implement this provision. For the purposes of this subsection

 

 

HB0421 Enrolled- 3 -LRB099 05828 HAF 25872 b

1(a-10), "peace officer" means any person who by virtue of his
2or her office or public employment is vested by law with a duty
3to maintain public order or to make arrests for a violation of
4any penal statute of this State, whether that duty extends to
5all violations or is limited to specific violations.
6    (b) The Secretary of State shall issue a special Illinois
7Identification Card, which shall be known as an Illinois Person
8with a Disability Identification Card, to any natural person
9who is a resident of the State of Illinois, who is a person
10with a disability as defined in Section 4A of this Act, who
11applies for such card, or renewal thereof. No Illinois Person
12with a Disability Identification Card shall be issued to any
13person who holds a valid foreign state identification card,
14license, or permit unless the person first surrenders to the
15Secretary of State the valid foreign state identification card,
16license, or permit. The Secretary of State shall charge no fee
17to issue such card. The card shall be prepared and supplied by
18the Secretary of State, and shall include a photograph and
19signature or mark of the applicant, a designation indicating
20that the card is an Illinois Person with a Disability
21Identification Card, and shall include a comprehensible
22designation of the type and classification of the applicant's
23disability as set out in Section 4A of this Act. However, the
24Secretary of State may provide by rule for the issuance of
25Illinois Person with a Disability Identification Cards without
26photographs if the applicant has a bona fide religious

 

 

HB0421 Enrolled- 4 -LRB099 05828 HAF 25872 b

1objection to being photographed or to the display of his or her
2photograph. If the applicant so requests, the card shall
3include a description of the applicant's disability and any
4information about the applicant's disability or medical
5history which the Secretary determines would be helpful to the
6applicant in securing emergency medical care. If a mark is used
7in lieu of a signature, such mark shall be affixed to the card
8in the presence of two witnesses who attest to the authenticity
9of the mark. The Illinois Person with a Disability
10Identification Card may be used for identification purposes in
11any lawful situation by the person to whom it was issued.
12    The Illinois Person with a Disability Identification Card
13may be used as adequate documentation of disability in lieu of
14a physician's determination of disability, a determination of
15disability from a physician assistant who has been delegated
16the authority to make this determination by his or her
17supervising physician, a determination of disability from an
18advanced practice nurse who has a written collaborative
19agreement with a collaborating physician that authorizes the
20advanced practice nurse to make this determination, or any
21other documentation of disability whenever any State law
22requires that a disabled person provide such documentation of
23disability, however an Illinois Person with a Disability
24Identification Card shall not qualify the cardholder to
25participate in any program or to receive any benefit which is
26not available to all persons with like disabilities.

 

 

HB0421 Enrolled- 5 -LRB099 05828 HAF 25872 b

1Notwithstanding any other provisions of law, an Illinois Person
2with a Disability Identification Card, or evidence that the
3Secretary of State has issued an Illinois Person with a
4Disability Identification Card, shall not be used by any person
5other than the person named on such card to prove that the
6person named on such card is a disabled person or for any other
7purpose unless the card is used for the benefit of the person
8named on such card, and the person named on such card consents
9to such use at the time the card is so used.
10    An optometrist's determination of a visual disability
11under Section 4A of this Act is acceptable as documentation for
12the purpose of issuing an Illinois Person with a Disability
13Identification Card.
14    When medical information is contained on an Illinois Person
15with a Disability Identification Card, the Office of the
16Secretary of State shall not be liable for any actions taken
17based upon that medical information.
18    (c) The Secretary of State shall provide that each original
19or renewal Illinois Identification Card or Illinois Person with
20a Disability Identification Card issued to a person under the
21age of 21 shall be of a distinct nature from those Illinois
22Identification Cards or Illinois Person with a Disability
23Identification Cards issued to individuals 21 years of age or
24older. The color designated for Illinois Identification Cards
25or Illinois Person with a Disability Identification Cards for
26persons under the age of 21 shall be at the discretion of the

 

 

HB0421 Enrolled- 6 -LRB099 05828 HAF 25872 b

1Secretary of State.
2    (c-1) Each original or renewal Illinois Identification
3Card or Illinois Person with a Disability Identification Card
4issued to a person under the age of 21 shall display the date
5upon which the person becomes 18 years of age and the date upon
6which the person becomes 21 years of age.
7    (c-3) The General Assembly recognizes the need to identify
8military veterans living in this State for the purpose of
9ensuring that they receive all of the services and benefits to
10which they are legally entitled, including healthcare,
11education assistance, and job placement. To assist the State in
12identifying these veterans and delivering these vital services
13and benefits, the Secretary of State is authorized to issue
14Illinois Identification Cards and Illinois Person with a
15Disability Identification Cards with the word "veteran"
16appearing on the face of the cards. This authorization is
17predicated on the unique status of veterans. The Secretary may
18not issue any other identification card which identifies an
19occupation, status, affiliation, hobby, or other unique
20characteristics of the identification card holder which is
21unrelated to the purpose of the identification card.
22    (c-5) Beginning on or before July 1, 2015, the Secretary of
23State shall designate a space on each original or renewal
24identification card where, at the request of the applicant, the
25word "veteran" shall be placed. The veteran designation shall
26be available to a person identified as a veteran under

 

 

HB0421 Enrolled- 7 -LRB099 05828 HAF 25872 b

1subsection (b) of Section 5 of this Act who was discharged or
2separated under honorable conditions.
3    (d) The Secretary of State may issue a Senior Citizen
4discount card, to any natural person who is a resident of the
5State of Illinois who is 60 years of age or older and who
6applies for such a card or renewal thereof. The Secretary of
7State shall charge no fee to issue such card. The card shall be
8issued in every county and applications shall be made available
9at, but not limited to, nutrition sites, senior citizen centers
10and Area Agencies on Aging. The applicant, upon receipt of such
11card and prior to its use for any purpose, shall have affixed
12thereon in the space provided therefor his signature or mark.
13    (e) The Secretary of State, in his or her discretion, may
14designate on each Illinois Identification Card or Illinois
15Person with a Disability Identification Card a space where the
16card holder may place a sticker or decal, issued by the
17Secretary of State, of uniform size as the Secretary may
18specify, that shall indicate in appropriate language that the
19card holder has renewed his or her Illinois Identification Card
20or Illinois Person with a Disability Identification Card.
21(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,
22eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
23eff. 8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
24    Section 10. The Alcoholism and Other Drug Abuse and
25Dependency Act is amended by changing Section 5-23 as follows:
 

 

 

HB0421 Enrolled- 8 -LRB099 05828 HAF 25872 b

1    (20 ILCS 301/5-23)
2    Sec. 5-23. Drug Overdose Prevention Program.
3    (a) Reports of drug overdose.
4        (1) The Director of the Division of Alcoholism and
5    Substance Abuse may publish annually a report on drug
6    overdose trends statewide that reviews State death rates
7    from available data to ascertain changes in the causes or
8    rates of fatal and nonfatal drug overdose for the preceding
9    period of not less than 5 years. The report shall also
10    provide information on interventions that would be
11    effective in reducing the rate of fatal or nonfatal drug
12    overdose.
13        (2) The report may include:
14            (A) Trends in drug overdose death rates.
15            (B) Trends in emergency room utilization related
16        to drug overdose and the cost impact of emergency room
17        utilization.
18            (C) Trends in utilization of pre-hospital and
19        emergency services and the cost impact of emergency
20        services utilization.
21            (D) Suggested improvements in data collection.
22            (E) A description of other interventions effective
23        in reducing the rate of fatal or nonfatal drug
24        overdose.
25    (b) Programs; drug overdose prevention.

 

 

HB0421 Enrolled- 9 -LRB099 05828 HAF 25872 b

1        (1) The Director may establish a program to provide for
2    the production and publication, in electronic and other
3    formats, of drug overdose prevention, recognition, and
4    response literature. The Director may develop and
5    disseminate curricula for use by professionals,
6    organizations, individuals, or committees interested in
7    the prevention of fatal and nonfatal drug overdose,
8    including, but not limited to, drug users, jail and prison
9    personnel, jail and prison inmates, drug treatment
10    professionals, emergency medical personnel, hospital
11    staff, families and associates of drug users, peace
12    officers, firefighters, public safety officers, needle
13    exchange program staff, and other persons. In addition to
14    information regarding drug overdose prevention,
15    recognition, and response, literature produced by the
16    Department shall stress that drug use remains illegal and
17    highly dangerous and that complete abstinence from illegal
18    drug use is the healthiest choice. The literature shall
19    provide information and resources for substance abuse
20    treatment.
21        The Director may establish or authorize programs for
22    prescribing, dispensing, or distributing naloxone
23    hydrochloride or any other similarly acting and equally
24    safe drug approved by the U.S. Food and Drug Administration
25    for the treatment of drug overdose. Such programs may
26    include the prescribing of naloxone hydrochloride or any

 

 

HB0421 Enrolled- 10 -LRB099 05828 HAF 25872 b

1    other similarly acting and equally safe drug approved by
2    the U.S. Food and Drug Administration for the treatment of
3    drug overdose to and education about administration by
4    individuals who are not personally at risk of opioid
5    overdose.
6        (2) The Director may provide advice to State and local
7    officials on the growing drug overdose crisis, including
8    the prevalence of drug overdose incidents, trends in drug
9    overdose incidents, and solutions to the drug overdose
10    crisis.
11    (c) Grants.
12        (1) The Director may award grants, in accordance with
13    this subsection, to create or support local drug overdose
14    prevention, recognition, and response projects. Local
15    health departments, correctional institutions, hospitals,
16    universities, community-based organizations, and
17    faith-based organizations may apply to the Department for a
18    grant under this subsection at the time and in the manner
19    the Director prescribes.
20        (2) In awarding grants, the Director shall consider the
21    necessity for overdose prevention projects in various
22    settings and shall encourage all grant applicants to
23    develop interventions that will be effective and viable in
24    their local areas.
25        (3) The Director shall give preference for grants to
26    proposals that, in addition to providing life-saving

 

 

HB0421 Enrolled- 11 -LRB099 05828 HAF 25872 b

1    interventions and responses, provide information to drug
2    users on how to access drug treatment or other strategies
3    for abstaining from illegal drugs. The Director shall give
4    preference to proposals that include one or more of the
5    following elements:
6            (A) Policies and projects to encourage persons,
7        including drug users, to call 911 when they witness a
8        potentially fatal drug overdose.
9            (B) Drug overdose prevention, recognition, and
10        response education projects in drug treatment centers,
11        outreach programs, and other organizations that work
12        with, or have access to, drug users and their families
13        and communities.
14            (C) Drug overdose recognition and response
15        training, including rescue breathing, in drug
16        treatment centers and for other organizations that
17        work with, or have access to, drug users and their
18        families and communities.
19            (D) The production and distribution of targeted or
20        mass media materials on drug overdose prevention and
21        response.
22            (E) Prescription and distribution of naloxone
23        hydrochloride or any other similarly acting and
24        equally safe drug approved by the U.S. Food and Drug
25        Administration for the treatment of drug overdose.
26            (F) The institution of education and training

 

 

HB0421 Enrolled- 12 -LRB099 05828 HAF 25872 b

1        projects on drug overdose response and treatment for
2        emergency services and law enforcement personnel.
3            (G) A system of parent, family, and survivor
4        education and mutual support groups.
5        (4) In addition to moneys appropriated by the General
6    Assembly, the Director may seek grants from private
7    foundations, the federal government, and other sources to
8    fund the grants under this Section and to fund an
9    evaluation of the programs supported by the grants.
10    (d) Health care professional prescription of drug overdose
11treatment medication.
12        (1) A health care professional who, acting in good
13    faith, directly or by standing order, prescribes or
14    dispenses an opioid antidote to a patient who, in the
15    judgment of the health care professional, is capable of
16    administering the drug in an emergency, shall not, as a
17    result of his or her acts or omissions, be subject to
18    disciplinary or other adverse action under the Medical
19    Practice Act of 1987, the Physician Assistant Practice Act
20    of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
21    or any other professional licensing statute.
22        (2) A person who is not otherwise licensed to
23    administer an opioid antidote may in an emergency
24    administer without fee an opioid antidote if the person has
25    received the patient information specified in paragraph
26    (4) of this subsection and believes in good faith that

 

 

HB0421 Enrolled- 13 -LRB099 05828 HAF 25872 b

1    another person is experiencing a drug overdose. The person
2    shall not, as a result of his or her acts or omissions, be
3    liable for any violation of the Medical Practice Act of
4    1987, the Physician Assistant Practice Act of 1987, the
5    Nurse Practice Act, the Pharmacy Practice Act, or any other
6    professional licensing statute, or subject to any criminal
7    prosecution arising from or related to the unauthorized
8    practice of medicine or the possession of an opioid
9    antidote.
10        (3) A health care professional prescribing an opioid
11    antidote to a patient shall ensure that the patient
12    receives the patient information specified in paragraph
13    (4) of this subsection. Patient information may be provided
14    by the health care professional or a community-based
15    organization, substance abuse program, or other
16    organization with which the health care professional
17    establishes a written agreement that includes a
18    description of how the organization will provide patient
19    information, how employees or volunteers providing
20    information will be trained, and standards for documenting
21    the provision of patient information to patients.
22    Provision of patient information shall be documented in the
23    patient's medical record or through similar means as
24    determined by agreement between the health care
25    professional and the organization. The Director of the
26    Division of Alcoholism and Substance Abuse, in

 

 

HB0421 Enrolled- 14 -LRB099 05828 HAF 25872 b

1    consultation with statewide organizations representing
2    physicians, advanced practice nurses, physician
3    assistants, substance abuse programs, and other interested
4    groups, shall develop and disseminate to health care
5    professionals, community-based organizations, substance
6    abuse programs, and other organizations training materials
7    in video, electronic, or other formats to facilitate the
8    provision of such patient information.
9        (4) For the purposes of this subsection:
10        "Opioid antidote" means naloxone hydrochloride or any
11    other similarly acting and equally safe drug approved by
12    the U.S. Food and Drug Administration for the treatment of
13    drug overdose.
14        "Health care professional" means a physician licensed
15    to practice medicine in all its branches, a licensed
16    physician assistant who has been delegated the
17    prescription or dispensation of an opioid antidote by his
18    or her supervising physician, a licensed an advanced
19    practice registered nurse who has a written collaborative
20    agreement with a collaborating physician that authorizes
21    the prescription or dispensation of an opioid antidote, or
22    an advanced practice nurse who practices in a hospital or
23    ambulatory surgical treatment center and possesses
24    appropriate clinical privileges in accordance with the
25    Nurse Practice Act.
26        "Patient" includes a person who is not at risk of

 

 

HB0421 Enrolled- 15 -LRB099 05828 HAF 25872 b

1    opioid overdose but who, in the judgment of the physician,
2    may be in a position to assist another individual during an
3    overdose and who has received patient information as
4    required in paragraph (2) of this subsection on the
5    indications for and administration of an opioid antidote.
6        "Patient information" includes information provided to
7    the patient on drug overdose prevention and recognition;
8    how to perform rescue breathing and resuscitation; opioid
9    antidote dosage and administration; the importance of
10    calling 911; care for the overdose victim after
11    administration of the overdose antidote; and other issues
12    as necessary.
13(Source: P.A. 96-361, eff. 1-1-10.)
 
14    Section 15. The School Code is amended by changing Sections
1522-30, 24-5, 24-6, 26-1, and 27-8.1 as follows:
 
16    (105 ILCS 5/22-30)
17    Sec. 22-30. Self-administration and self-carry of asthma
18medication and epinephrine auto-injectors; administration of
19undesignated epinephrine auto-injectors.
20    (a) For the purpose of this Section only, the following
21terms shall have the meanings set forth below:
22    "Asthma inhaler" means a quick reliever asthma inhaler.
23    "Epinephrine auto-injector" means a single-use device used
24for the automatic injection of a pre-measured dose of

 

 

HB0421 Enrolled- 16 -LRB099 05828 HAF 25872 b

1epinephrine into the human body.
2    "Asthma medication" means a medicine, prescribed by (i) a
3physician licensed to practice medicine in all its branches,
4(ii) a licensed physician assistant who has been delegated the
5authority to prescribe asthma medications by his or her
6supervising physician, or (iii) a licensed an advanced practice
7nurse who has a written collaborative agreement with a
8collaborating physician that delegates the authority to
9prescribe asthma medications, for a pupil that pertains to the
10pupil's asthma and that has an individual prescription label.
11    "School nurse" means a registered nurse working in a school
12with or without licensure endorsed in school nursing.
13    "Self-administration" means a pupil's discretionary use of
14his or her prescribed asthma medication or epinephrine
15auto-injector.
16    "Self-carry" means a pupil's ability to carry his or her
17prescribed asthma medication or epinephrine auto-injector.
18    "Standing protocol" may be issued by (i) a physician
19licensed to practice medicine in all its branches, (ii) a
20licensed physician assistant who has been delegated the
21authority to prescribe asthma medications or epinephrine
22auto-injectors by his or her supervising physician, or (iii) a
23licensed an advanced practice nurse who has a collaborative
24agreement with a collaborating physician that delegates
25authority to issue a standing protocol for asthma medications
26or epinephrine auto-injectors.

 

 

HB0421 Enrolled- 17 -LRB099 05828 HAF 25872 b

1    "Trained personnel" means any school employee or volunteer
2personnel authorized in Sections 10-22.34, 10-22.34a, and
310-22.34b of this Code who has completed training under
4subsection (g) of this Section to recognize and respond to
5anaphylaxis.
6    "Undesignated epinephrine auto-injector" means an
7epinephrine auto-injector prescribed in the name of a school
8district, public school, or nonpublic school.
9    (b) A school, whether public or nonpublic, must permit the
10self-administration and self-carry of asthma medication by a
11pupil with asthma or the self-administration and self-carry of
12an epinephrine auto-injector by a pupil, provided that:
13        (1) the parents or guardians of the pupil provide to
14    the school (i) written authorization from the parents or
15    guardians for (A) the self-administration and self-carry
16    of asthma medication or (B) the self-carry of asthma
17    medication or (ii) for (A) the self-administration and
18    self-carry of an epinephrine auto-injector or (B) the
19    self-carry of an epinephrine auto-injector, written
20    authorization from the pupil's physician, physician
21    assistant, or advanced practice nurse; and
22        (2) the parents or guardians of the pupil provide to
23    the school (i) the prescription label, which must contain
24    the name of the asthma medication, the prescribed dosage,
25    and the time at which or circumstances under which the
26    asthma medication is to be administered, or (ii) for the

 

 

HB0421 Enrolled- 18 -LRB099 05828 HAF 25872 b

1    self-administration or self-carry of an epinephrine
2    auto-injector, a written statement from the pupil's
3    physician, physician assistant, or advanced practice nurse
4    containing the following information:
5            (A) the name and purpose of the epinephrine
6        auto-injector;
7            (B) the prescribed dosage; and
8            (C) the time or times at which or the special
9        circumstances under which the epinephrine
10        auto-injector is to be administered.
11The information provided shall be kept on file in the office of
12the school nurse or, in the absence of a school nurse, the
13school's administrator.
14    (b-5) A school district, public school, or nonpublic school
15may authorize the provision of a student-specific or
16undesignated epinephrine auto-injector to a student or any
17personnel authorized under a student's Individual Health Care
18Action Plan, Illinois Food Allergy Emergency Action Plan and
19Treatment Authorization Form, or plan pursuant to Section 504
20of the federal Rehabilitation Act of 1973 to administer an
21epinephrine auto-injector to the student, that meets the
22student's prescription on file.
23    (b-10) The school district, public school, or nonpublic
24school may authorize a school nurse or trained personnel to do
25the following: (i) provide an undesignated epinephrine
26auto-injector to a student for self-administration only or any

 

 

HB0421 Enrolled- 19 -LRB099 05828 HAF 25872 b

1personnel authorized under a student's Individual Health Care
2Action Plan, Illinois Food Allergy Emergency Action Plan and
3Treatment Authorization Form, or plan pursuant to Section 504
4of the federal Rehabilitation Act of 1973 to administer to the
5student, that meets the student's prescription on file; (ii)
6administer an undesignated epinephrine auto-injector that
7meets the prescription on file to any student who has an
8Individual Health Care Action Plan, Illinois Food Allergy
9Emergency Action Plan and Treatment Authorization Form, or plan
10pursuant to Section 504 of the federal Rehabilitation Act of
111973 that authorizes the use of an epinephrine auto-injector;
12and (iii) administer an undesignated epinephrine auto-injector
13to any person that the school nurse or trained personnel in
14good faith believes is having an anaphylactic reaction.
15    (c) The school district, public school, or nonpublic school
16must inform the parents or guardians of the pupil, in writing,
17that the school district, public school, or nonpublic school
18and its employees and agents, including a physician, physician
19assistant, or advanced practice nurse providing standing
20protocol or prescription for school epinephrine
21auto-injectors, are to incur no liability or professional
22discipline, except for willful and wanton conduct, as a result
23of any injury arising from the administration of asthma
24medication or of an epinephrine auto-injector regardless of
25whether authorization was given by the pupil's parents or
26guardians or by the pupil's physician, physician assistant, or

 

 

HB0421 Enrolled- 20 -LRB099 05828 HAF 25872 b

1advanced practice nurse. The parents or guardians of the pupil
2must sign a statement acknowledging that the school district,
3public school, or nonpublic school and its employees and agents
4are to incur no liability, except for willful and wanton
5conduct, as a result of any injury arising from the
6administration of asthma medication or of an epinephrine
7auto-injector regardless of whether authorization was given by
8the pupil's parents or guardians or by the pupil's physician,
9physician assistant, or advanced practice nurse and that the
10parents or guardians must indemnify and hold harmless the
11school district, public school, or nonpublic school and its
12employees and agents against any claims, except a claim based
13on willful and wanton conduct, arising out of the
14administration of asthma medication or of an epinephrine
15auto-injector regardless of whether authorization was given by
16the pupil's parents or guardians or by the pupil's physician,
17physician assistant, or advanced practice nurse.
18    (c-5) Upon the effective date of this amendatory Act of the
1998th General Assembly, when a school nurse or trained personnel
20administers an undesignated epinephrine auto-injector to a
21person whom the school nurse or trained personnel in good faith
22believes is having an anaphylactic reaction, notwithstanding
23the lack of notice to the parents or guardians of the pupil or
24the absence of the parents or guardians signed statement
25acknowledging no liability, except for willful and wanton
26conduct, the school district, public school, or nonpublic

 

 

HB0421 Enrolled- 21 -LRB099 05828 HAF 25872 b

1school and its employees and agents, and a physician, a
2physician assistant, or an advanced practice nurse providing
3standing protocol or prescription for undesignated epinephrine
4auto-injectors, are to incur no liability or professional
5discipline, except for willful and wanton conduct, as a result
6of any injury arising from the use of an undesignated
7epinephrine auto-injector regardless of whether authorization
8was given by the pupil's parents or guardians or by the pupil's
9physician, physician assistant, or advanced practice nurse.
10    (d) The permission for self-administration and self-carry
11of asthma medication or the self-administration and self-carry
12of an epinephrine auto-injector is effective for the school
13year for which it is granted and shall be renewed each
14subsequent school year upon fulfillment of the requirements of
15this Section.
16    (e) Provided that the requirements of this Section are
17fulfilled, a pupil with asthma may self-administer and
18self-carry his or her asthma medication or a pupil may
19self-administer and self-carry an epinephrine auto-injector
20(i) while in school, (ii) while at a school-sponsored activity,
21(iii) while under the supervision of school personnel, or (iv)
22before or after normal school activities, such as while in
23before-school or after-school care on school-operated
24property.
25    (e-5) Provided that the requirements of this Section are
26fulfilled, a school nurse or trained personnel may administer

 

 

HB0421 Enrolled- 22 -LRB099 05828 HAF 25872 b

1an undesignated epinephrine auto-injector to any person whom
2the school nurse or trained personnel in good faith believes to
3be having an anaphylactic reaction (i) while in school, (ii)
4while at a school-sponsored activity, (iii) while under the
5supervision of school personnel, or (iv) before or after normal
6school activities, such as while in before-school or
7after-school care on school-operated property. A school nurse
8or trained personnel may carry undesignated epinephrine
9auto-injectors on his or her person while in school or at a
10school-sponsored activity.
11    (f) The school district, public school, or nonpublic school
12may maintain a supply of undesignated epinephrine
13auto-injectors in any secure location where an allergic person
14is most at risk, including, but not limited to, classrooms and
15lunchrooms. A physician, a physician assistant who has been
16delegated prescriptive authority for asthma medication or
17epinephrine auto-injectors in accordance with Section 7.5 of
18the Physician Assistant Practice Act of 1987, or an advanced
19practice nurse who has been delegated prescriptive authority
20for asthma medication or epinephrine auto-injectors in
21accordance with Section 65-40 of the Nurse Practice Act may
22prescribe undesignated epinephrine auto-injectors in the name
23of the school district, public school, or nonpublic school to
24be maintained for use when necessary. Any supply of epinephrine
25auto-injectors shall be maintained in accordance with the
26manufacturer's instructions.

 

 

HB0421 Enrolled- 23 -LRB099 05828 HAF 25872 b

1    (f-5) Upon any administration of an epinephrine
2auto-injector, a school district, public school, or nonpublic
3school must immediately activate the EMS system and notify the
4student's parent, guardian, or emergency contact, if known.
5    (f-10) Within 24 hours of the administration of an
6undesignated epinephrine auto-injector, a school district,
7public school, or nonpublic school must notify the physician,
8physician assistant, or advance practice nurse who provided the
9standing protocol or prescription for the undesignated
10epinephrine auto-injector of its use.
11    (g) Prior to the administration of an undesignated
12epinephrine auto-injector, trained personnel must submit to
13his or her school's administration proof of completion of a
14training curriculum to recognize and respond to anaphylaxis
15that meets the requirements of subsection (h) of this Section.
16Training must be completed annually. Trained personnel must
17also submit to his or her school's administration proof of
18cardiopulmonary resuscitation and automated external
19defibrillator certification. The school district, public
20school, or nonpublic school must maintain records related to
21the training curriculum and trained personnel.
22    (h) A training curriculum to recognize and respond to
23anaphylaxis, including the administration of an undesignated
24epinephrine auto-injector, may be conducted online or in
25person. It must include, but is not limited to:
26        (1) how to recognize symptoms of an allergic reaction;

 

 

HB0421 Enrolled- 24 -LRB099 05828 HAF 25872 b

1        (2) a review of high-risk areas within the school and
2    its related facilities;
3        (3) steps to take to prevent exposure to allergens;
4        (4) how to respond to an emergency involving an
5    allergic reaction;
6        (5) how to administer an epinephrine auto-injector;
7        (6) how to respond to a student with a known allergy as
8    well as a student with a previously unknown allergy;
9        (7) a test demonstrating competency of the knowledge
10    required to recognize anaphylaxis and administer an
11    epinephrine auto-injector; and
12        (8) other criteria as determined in rules adopted
13    pursuant to this Section.
14    In consultation with statewide professional organizations
15representing physicians licensed to practice medicine in all of
16its branches, registered nurses, and school nurses, the Board
17shall make available resource materials consistent with
18criteria in this subsection (h) for educating trained personnel
19to recognize and respond to anaphylaxis. The Board may take
20into consideration the curriculum on this subject developed by
21other states, as well as any other curricular materials
22suggested by medical experts and other groups that work on
23life-threatening allergy issues. The Board is not required to
24create new resource materials. The Board shall make these
25resource materials available on its Internet website.
26    (i) Within 3 days after the administration of an

 

 

HB0421 Enrolled- 25 -LRB099 05828 HAF 25872 b

1undesignated epinephrine auto-injector by a school nurse,
2trained personnel, or a student at a school or school-sponsored
3activity, the school must report to the Board in a form and
4manner prescribed by the Board the following information:
5        (1) age and type of person receiving epinephrine
6    (student, staff, visitor);
7        (2) any previously known diagnosis of a severe allergy;
8        (3) trigger that precipitated allergic episode;
9        (4) location where symptoms developed;
10        (5) number of doses administered;
11        (6) type of person administering epinephrine (school
12    nurse, trained personnel, student); and
13        (7) any other information required by the Board.
14    (j) By October 1, 2015 and every year thereafter, the Board
15shall submit a report to the General Assembly identifying the
16frequency and circumstances of epinephrine administration
17during the preceding academic year. This report shall be
18published on the Board's Internet website on the date the
19report is delivered to the General Assembly.
20    (k) The Board may adopt rules necessary to implement this
21Section.
22(Source: P.A. 97-361, eff. 8-15-11; 98-795, eff. 8-1-14.)
 
23    (105 ILCS 5/24-5)  (from Ch. 122, par. 24-5)
24    Sec. 24-5. Physical fitness and professional growth.
25    (a) In this Section, "employee" means any employee of a

 

 

HB0421 Enrolled- 26 -LRB099 05828 HAF 25872 b

1school district, a student teacher, an employee of a contractor
2that provides services to students or in schools, or any other
3individual subject to the requirements of Section 10-21.9 or
434-18.5 of this Code.
5    (b) School boards shall require of new employees evidence
6of physical fitness to perform duties assigned and freedom from
7communicable disease. Such evidence shall consist of a physical
8examination by a physician licensed in Illinois or any other
9state to practice medicine and surgery in all its branches, a
10licensed an advanced practice nurse who has a written
11collaborative agreement with a collaborating physician that
12authorizes the advanced practice nurse to perform health
13examinations, or a licensed physician assistant who has been
14delegated the authority to perform health examinations by his
15or her supervising physician not more than 90 days preceding
16time of presentation to the board, and the cost of such
17examination shall rest with the employee. A new or existing
18employee may be subject to additional health examinations,
19including screening for tuberculosis, as required by rules
20adopted by the Department of Public Health or by order of a
21local public health official. The board may from time to time
22require an examination of any employee by a physician licensed
23in Illinois to practice medicine and surgery in all its
24branches, a licensed an advanced practice nurse who has a
25written collaborative agreement with a collaborating physician
26that authorizes the advanced practice nurse to perform health

 

 

HB0421 Enrolled- 27 -LRB099 05828 HAF 25872 b

1examinations, or a licensed physician assistant who has been
2delegated the authority to perform health examinations by his
3or her supervising physician and shall pay the expenses thereof
4from school funds.
5    (c) School boards may require teachers in their employ to
6furnish from time to time evidence of continued professional
7growth.
8(Source: P.A. 98-716, eff. 7-16-14.)
 
9    (105 ILCS 5/24-6)
10    Sec. 24-6. Sick leave. The school boards of all school
11districts, including special charter districts, but not
12including school districts in municipalities of 500,000 or
13more, shall grant their full-time teachers, and also shall
14grant such of their other employees as are eligible to
15participate in the Illinois Municipal Retirement Fund under the
16"600-Hour Standard" established, or under such other
17eligibility participation standard as may from time to time be
18established, by rules and regulations now or hereafter
19promulgated by the Board of that Fund under Section 7-198 of
20the Illinois Pension Code, as now or hereafter amended, sick
21leave provisions not less in amount than 10 days at full pay in
22each school year. If any such teacher or employee does not use
23the full amount of annual leave thus allowed, the unused amount
24shall be allowed to accumulate to a minimum available leave of
25180 days at full pay, including the leave of the current year.

 

 

HB0421 Enrolled- 28 -LRB099 05828 HAF 25872 b

1Sick leave shall be interpreted to mean personal illness,
2quarantine at home, serious illness or death in the immediate
3family or household, or birth, adoption, or placement for
4adoption. The school board may require a certificate from a
5physician licensed in Illinois to practice medicine and surgery
6in all its branches, a chiropractic physician licensed under
7the Medical Practice Act of 1987, a licensed an advanced
8practice nurse who has a written collaborative agreement with a
9collaborating physician that authorizes the advanced practice
10nurse to perform health examinations, a licensed physician
11assistant who has been delegated the authority to perform
12health examinations by his or her supervising physician, or, if
13the treatment is by prayer or spiritual means, a spiritual
14adviser or practitioner of the teacher's or employee's faith as
15a basis for pay during leave after an absence of 3 days for
16personal illness or 30 days for birth or as the school board
17may deem necessary in other cases. If the school board does
18require a certificate as a basis for pay during leave of less
19than 3 days for personal illness, the school board shall pay,
20from school funds, the expenses incurred by the teachers or
21other employees in obtaining the certificate. For paid leave
22for adoption or placement for adoption, the school board may
23require that the teacher or other employee provide evidence
24that the formal adoption process is underway, and such leave is
25limited to 30 days unless a longer leave has been negotiated
26with the exclusive bargaining representative.

 

 

HB0421 Enrolled- 29 -LRB099 05828 HAF 25872 b

1    If, by reason of any change in the boundaries of school
2districts, or by reason of the creation of a new school
3district, the employment of a teacher is transferred to a new
4or different board, the accumulated sick leave of such teacher
5is not thereby lost, but is transferred to such new or
6different district.
7    For purposes of this Section, "immediate family" shall
8include parents, spouse, brothers, sisters, children,
9grandparents, grandchildren, parents-in-law, brothers-in-law,
10sisters-in-law, and legal guardians.
11(Source: P.A. 95-151, eff. 8-14-07; 96-51, eff. 7-23-09;
1296-367, eff. 8-13-09; 96-1000, eff. 7-2-10.)
 
13    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
14    Sec. 26-1. Compulsory school age-Exemptions. Whoever has
15custody or control of any child (i) between the ages of 7 and
1617 years (unless the child has already graduated from high
17school) for school years before the 2014-2015 school year or
18(ii) between the ages of 6 (on or before September 1) and 17
19years (unless the child has already graduated from high school)
20beginning with the 2014-2015 school year shall cause such child
21to attend some public school in the district wherein the child
22resides the entire time it is in session during the regular
23school term, except as provided in Section 10-19.1, and during
24a required summer school program established under Section
2510-22.33B; provided, that the following children shall not be

 

 

HB0421 Enrolled- 30 -LRB099 05828 HAF 25872 b

1required to attend the public schools:
2        1. Any child attending a private or a parochial school
3    where children are taught the branches of education taught
4    to children of corresponding age and grade in the public
5    schools, and where the instruction of the child in the
6    branches of education is in the English language;
7        2. Any child who is physically or mentally unable to
8    attend school, such disability being certified to the
9    county or district truant officer by a competent physician
10    licensed in Illinois to practice medicine and surgery in
11    all its branches, a chiropractic physician licensed under
12    the Medical Practice Act of 1987, a licensed an advanced
13    practice nurse who has a written collaborative agreement
14    with a collaborating physician that authorizes the
15    advanced practice nurse to perform health examinations, a
16    licensed physician assistant who has been delegated the
17    authority to perform health examinations by his or her
18    supervising physician, or a Christian Science practitioner
19    residing in this State and listed in the Christian Science
20    Journal; or who is excused for temporary absence for cause
21    by the principal or teacher of the school which the child
22    attends; the exemptions in this paragraph (2) do not apply
23    to any female who is pregnant or the mother of one or more
24    children, except where a female is unable to attend school
25    due to a complication arising from her pregnancy and the
26    existence of such complication is certified to the county

 

 

HB0421 Enrolled- 31 -LRB099 05828 HAF 25872 b

1    or district truant officer by a competent physician;
2        3. Any child necessarily and lawfully employed
3    according to the provisions of the law regulating child
4    labor may be excused from attendance at school by the
5    county superintendent of schools or the superintendent of
6    the public school which the child should be attending, on
7    certification of the facts by and the recommendation of the
8    school board of the public school district in which the
9    child resides. In districts having part time continuation
10    schools, children so excused shall attend such schools at
11    least 8 hours each week;
12        4. Any child over 12 and under 14 years of age while in
13    attendance at confirmation classes;
14        5. Any child absent from a public school on a
15    particular day or days or at a particular time of day for
16    the reason that he is unable to attend classes or to
17    participate in any examination, study or work requirements
18    on a particular day or days or at a particular time of day,
19    because the tenets of his religion forbid secular activity
20    on a particular day or days or at a particular time of day.
21    Each school board shall prescribe rules and regulations
22    relative to absences for religious holidays including, but
23    not limited to, a list of religious holidays on which it
24    shall be mandatory to excuse a child; but nothing in this
25    paragraph 5 shall be construed to limit the right of any
26    school board, at its discretion, to excuse an absence on

 

 

HB0421 Enrolled- 32 -LRB099 05828 HAF 25872 b

1    any other day by reason of the observance of a religious
2    holiday. A school board may require the parent or guardian
3    of a child who is to be excused from attending school due
4    to the observance of a religious holiday to give notice,
5    not exceeding 5 days, of the child's absence to the school
6    principal or other school personnel. Any child excused from
7    attending school under this paragraph 5 shall not be
8    required to submit a written excuse for such absence after
9    returning to school; and
10        6. Any child 16 years of age or older who (i) submits
11    to a school district evidence of necessary and lawful
12    employment pursuant to paragraph 3 of this Section and (ii)
13    is enrolled in a graduation incentives program pursuant to
14    Section 26-16 of this Code or an alternative learning
15    opportunities program established pursuant to Article 13B
16    of this Code.
17(Source: P.A. 98-544, eff. 7-1-14.)
 
18    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
19    Sec. 27-8.1. Health examinations and immunizations.
20    (1) In compliance with rules and regulations which the
21Department of Public Health shall promulgate, and except as
22hereinafter provided, all children in Illinois shall have a
23health examination as follows: within one year prior to
24entering kindergarten or the first grade of any public,
25private, or parochial elementary school; upon entering the

 

 

HB0421 Enrolled- 33 -LRB099 05828 HAF 25872 b

1sixth and ninth grades of any public, private, or parochial
2school; prior to entrance into any public, private, or
3parochial nursery school; and, irrespective of grade,
4immediately prior to or upon entrance into any public, private,
5or parochial school or nursery school, each child shall present
6proof of having been examined in accordance with this Section
7and the rules and regulations promulgated hereunder. Any child
8who received a health examination within one year prior to
9entering the fifth grade for the 2007-2008 school year is not
10required to receive an additional health examination in order
11to comply with the provisions of Public Act 95-422 when he or
12she attends school for the 2008-2009 school year, unless the
13child is attending school for the first time as provided in
14this paragraph.
15    A tuberculosis skin test screening shall be included as a
16required part of each health examination included under this
17Section if the child resides in an area designated by the
18Department of Public Health as having a high incidence of
19tuberculosis. Additional health examinations of pupils,
20including eye examinations, may be required when deemed
21necessary by school authorities. Parents are encouraged to have
22their children undergo eye examinations at the same points in
23time required for health examinations.
24    (1.5) In compliance with rules adopted by the Department of
25Public Health and except as otherwise provided in this Section,
26all children in kindergarten and the second and sixth grades of

 

 

HB0421 Enrolled- 34 -LRB099 05828 HAF 25872 b

1any public, private, or parochial school shall have a dental
2examination. Each of these children shall present proof of
3having been examined by a dentist in accordance with this
4Section and rules adopted under this Section before May 15th of
5the school year. If a child in the second or sixth grade fails
6to present proof by May 15th, the school may hold the child's
7report card until one of the following occurs: (i) the child
8presents proof of a completed dental examination or (ii) the
9child presents proof that a dental examination will take place
10within 60 days after May 15th. The Department of Public Health
11shall establish, by rule, a waiver for children who show an
12undue burden or a lack of access to a dentist. Each public,
13private, and parochial school must give notice of this dental
14examination requirement to the parents and guardians of
15students at least 60 days before May 15th of each school year.
16    (1.10) Except as otherwise provided in this Section, all
17children enrolling in kindergarten in a public, private, or
18parochial school on or after the effective date of this
19amendatory Act of the 95th General Assembly and any student
20enrolling for the first time in a public, private, or parochial
21school on or after the effective date of this amendatory Act of
22the 95th General Assembly shall have an eye examination. Each
23of these children shall present proof of having been examined
24by a physician licensed to practice medicine in all of its
25branches or a licensed optometrist within the previous year, in
26accordance with this Section and rules adopted under this

 

 

HB0421 Enrolled- 35 -LRB099 05828 HAF 25872 b

1Section, before October 15th of the school year. If the child
2fails to present proof by October 15th, the school may hold the
3child's report card until one of the following occurs: (i) the
4child presents proof of a completed eye examination or (ii) the
5child presents proof that an eye examination will take place
6within 60 days after October 15th. The Department of Public
7Health shall establish, by rule, a waiver for children who show
8an undue burden or a lack of access to a physician licensed to
9practice medicine in all of its branches who provides eye
10examinations or to a licensed optometrist. Each public,
11private, and parochial school must give notice of this eye
12examination requirement to the parents and guardians of
13students in compliance with rules of the Department of Public
14Health. Nothing in this Section shall be construed to allow a
15school to exclude a child from attending because of a parent's
16or guardian's failure to obtain an eye examination for the
17child.
18    (2) The Department of Public Health shall promulgate rules
19and regulations specifying the examinations and procedures
20that constitute a health examination, which shall include the
21collection of data relating to obesity (including at a minimum,
22date of birth, gender, height, weight, blood pressure, and date
23of exam), and a dental examination and may recommend by rule
24that certain additional examinations be performed. The rules
25and regulations of the Department of Public Health shall
26specify that a tuberculosis skin test screening shall be

 

 

HB0421 Enrolled- 36 -LRB099 05828 HAF 25872 b

1included as a required part of each health examination included
2under this Section if the child resides in an area designated
3by the Department of Public Health as having a high incidence
4of tuberculosis. The Department of Public Health shall specify
5that a diabetes screening as defined by rule shall be included
6as a required part of each health examination. Diabetes testing
7is not required.
8    Physicians licensed to practice medicine in all of its
9branches, licensed advanced practice nurses who have a written
10collaborative agreement with a collaborating physician which
11authorizes them to perform health examinations, or licensed
12physician assistants who have been delegated the performance of
13health examinations by their supervising physician shall be
14responsible for the performance of the health examinations,
15other than dental examinations, eye examinations, and vision
16and hearing screening, and shall sign all report forms required
17by subsection (4) of this Section that pertain to those
18portions of the health examination for which the physician,
19advanced practice nurse, or physician assistant is
20responsible. If a registered nurse performs any part of a
21health examination, then a physician licensed to practice
22medicine in all of its branches must review and sign all
23required report forms. Licensed dentists shall perform all
24dental examinations and shall sign all report forms required by
25subsection (4) of this Section that pertain to the dental
26examinations. Physicians licensed to practice medicine in all

 

 

HB0421 Enrolled- 37 -LRB099 05828 HAF 25872 b

1its branches or licensed optometrists shall perform all eye
2examinations required by this Section and shall sign all report
3forms required by subsection (4) of this Section that pertain
4to the eye examination. For purposes of this Section, an eye
5examination shall at a minimum include history, visual acuity,
6subjective refraction to best visual acuity near and far,
7internal and external examination, and a glaucoma evaluation,
8as well as any other tests or observations that in the
9professional judgment of the doctor are necessary. Vision and
10hearing screening tests, which shall not be considered
11examinations as that term is used in this Section, shall be
12conducted in accordance with rules and regulations of the
13Department of Public Health, and by individuals whom the
14Department of Public Health has certified. In these rules and
15regulations, the Department of Public Health shall require that
16individuals conducting vision screening tests give a child's
17parent or guardian written notification, before the vision
18screening is conducted, that states, "Vision screening is not a
19substitute for a complete eye and vision evaluation by an eye
20doctor. Your child is not required to undergo this vision
21screening if an optometrist or ophthalmologist has completed
22and signed a report form indicating that an examination has
23been administered within the previous 12 months."
24    (3) Every child shall, at or about the same time as he or
25she receives a health examination required by subsection (1) of
26this Section, present to the local school proof of having

 

 

HB0421 Enrolled- 38 -LRB099 05828 HAF 25872 b

1received such immunizations against preventable communicable
2diseases as the Department of Public Health shall require by
3rules and regulations promulgated pursuant to this Section and
4the Communicable Disease Prevention Act.
5    (4) The individuals conducting the health examination,
6dental examination, or eye examination shall record the fact of
7having conducted the examination, and such additional
8information as required, including for a health examination
9data relating to obesity (including at a minimum, date of
10birth, gender, height, weight, blood pressure, and date of
11exam), on uniform forms which the Department of Public Health
12and the State Board of Education shall prescribe for statewide
13use. The examiner shall summarize on the report form any
14condition that he or she suspects indicates a need for special
15services, including for a health examination factors relating
16to obesity. The individuals confirming the administration of
17required immunizations shall record as indicated on the form
18that the immunizations were administered.
19    (5) If a child does not submit proof of having had either
20the health examination or the immunization as required, then
21the child shall be examined or receive the immunization, as the
22case may be, and present proof by October 15 of the current
23school year, or by an earlier date of the current school year
24established by a school district. To establish a date before
25October 15 of the current school year for the health
26examination or immunization as required, a school district must

 

 

HB0421 Enrolled- 39 -LRB099 05828 HAF 25872 b

1give notice of the requirements of this Section 60 days prior
2to the earlier established date. If for medical reasons one or
3more of the required immunizations must be given after October
415 of the current school year, or after an earlier established
5date of the current school year, then the child shall present,
6by October 15, or by the earlier established date, a schedule
7for the administration of the immunizations and a statement of
8the medical reasons causing the delay, both the schedule and
9the statement being issued by the physician, advanced practice
10nurse, physician assistant, registered nurse, or local health
11department that will be responsible for administration of the
12remaining required immunizations. If a child does not comply by
13October 15, or by the earlier established date of the current
14school year, with the requirements of this subsection, then the
15local school authority shall exclude that child from school
16until such time as the child presents proof of having had the
17health examination as required and presents proof of having
18received those required immunizations which are medically
19possible to receive immediately. During a child's exclusion
20from school for noncompliance with this subsection, the child's
21parents or legal guardian shall be considered in violation of
22Section 26-1 and subject to any penalty imposed by Section
2326-10. This subsection (5) does not apply to dental
24examinations and eye examinations. If the student is an
25out-of-state transfer student and does not have the proof
26required under this subsection (5) before October 15 of the

 

 

HB0421 Enrolled- 40 -LRB099 05828 HAF 25872 b

1current year or whatever date is set by the school district,
2then he or she may only attend classes (i) if he or she has
3proof that an appointment for the required vaccinations has
4been scheduled with a party authorized to submit proof of the
5required vaccinations. If the proof of vaccination required
6under this subsection (5) is not submitted within 30 days after
7the student is permitted to attend classes, then the student is
8not to be permitted to attend classes until proof of the
9vaccinations has been properly submitted. No school district or
10employee of a school district shall be held liable for any
11injury or illness to another person that results from admitting
12an out-of-state transfer student to class that has an
13appointment scheduled pursuant to this subsection (5).
14    (6) Every school shall report to the State Board of
15Education by November 15, in the manner which that agency shall
16require, the number of children who have received the necessary
17immunizations and the health examination (other than a dental
18examination or eye examination) as required, indicating, of
19those who have not received the immunizations and examination
20as required, the number of children who are exempt from health
21examination and immunization requirements on religious or
22medical grounds as provided in subsection (8). On or before
23December 1 of each year, every public school district and
24registered nonpublic school shall make publicly available the
25immunization data they are required to submit to the State
26Board of Education by November 15. The immunization data made

 

 

HB0421 Enrolled- 41 -LRB099 05828 HAF 25872 b

1publicly available must be identical to the data the school
2district or school has reported to the State Board of
3Education.
4    Every school shall report to the State Board of Education
5by June 30, in the manner that the State Board requires, the
6number of children who have received the required dental
7examination, indicating, of those who have not received the
8required dental examination, the number of children who are
9exempt from the dental examination on religious grounds as
10provided in subsection (8) of this Section and the number of
11children who have received a waiver under subsection (1.5) of
12this Section.
13    Every school shall report to the State Board of Education
14by June 30, in the manner that the State Board requires, the
15number of children who have received the required eye
16examination, indicating, of those who have not received the
17required eye examination, the number of children who are exempt
18from the eye examination as provided in subsection (8) of this
19Section, the number of children who have received a waiver
20under subsection (1.10) of this Section, and the total number
21of children in noncompliance with the eye examination
22requirement.
23    The reported information under this subsection (6) shall be
24provided to the Department of Public Health by the State Board
25of Education.
26    (7) Upon determining that the number of pupils who are

 

 

HB0421 Enrolled- 42 -LRB099 05828 HAF 25872 b

1required to be in compliance with subsection (5) of this
2Section is below 90% of the number of pupils enrolled in the
3school district, 10% of each State aid payment made pursuant to
4Section 18-8.05 to the school district for such year may be
5withheld by the State Board of Education until the number of
6students in compliance with subsection (5) is the applicable
7specified percentage or higher.
8    (8) Parents or legal guardians who object to health,
9dental, or eye examinations or any part thereof, or to
10immunizations, on religious grounds shall not be required to
11submit their children or wards to the examinations or
12immunizations to which they so object if such parents or legal
13guardians present to the appropriate local school authority a
14signed statement of objection, detailing the grounds for the
15objection. If the physical condition of the child is such that
16any one or more of the immunizing agents should not be
17administered, the examining physician, advanced practice
18nurse, or physician assistant responsible for the performance
19of the health examination shall endorse that fact upon the
20health examination form. Exempting a child from the health,
21dental, or eye examination does not exempt the child from
22participation in the program of physical education training
23provided in Sections 27-5 through 27-7 of this Code.
24    (9) For the purposes of this Section, "nursery schools"
25means those nursery schools operated by elementary school
26systems or secondary level school units or institutions of

 

 

HB0421 Enrolled- 43 -LRB099 05828 HAF 25872 b

1higher learning.
2(Source: P.A. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673,
3eff. 6-30-14.)
 
4    Section 20. The Illinois Clinical Laboratory and Blood Bank
5Act is amended by changing Section 7-101 as follows:
 
6    (210 ILCS 25/7-101)  (from Ch. 111 1/2, par. 627-101)
7    Sec. 7-101. Examination of specimens. A clinical
8laboratory shall examine specimens only at the request of (i) a
9licensed physician, (ii) a licensed dentist, (iii) a licensed
10podiatric physician, (iv) a licensed optometrist, (v) a
11licensed physician assistant in accordance with the written
12supervision agreement required under Section 7.5 of the
13Physician Assistant Practice Act of 1987 or when authorized
14under Section 7.7 of the Physician Assistant Practice Act of
151987, (v-A) a licensed an advanced practice nurse in accordance
16with the written collaborative agreement required under
17Section 65-35 of the Nurse Practice Act or when authorized
18under Section 65-45 of the Nurse Practice Act, (vi) an
19authorized law enforcement agency or, in the case of blood
20alcohol, at the request of the individual for whom the test is
21to be performed in compliance with Sections 11-501 and 11-501.1
22of the Illinois Vehicle Code, or (vii) a genetic counselor with
23the specific authority from a referral to order a test or tests
24pursuant to subsection (b) of Section 20 of the Genetic

 

 

HB0421 Enrolled- 44 -LRB099 05828 HAF 25872 b

1Counselor Licensing Act. If the request to a laboratory is
2oral, the physician or other authorized person shall submit a
3written request to the laboratory within 48 hours. If the
4laboratory does not receive the written request within that
5period, it shall note that fact in its records. For purposes of
6this Section, a request made by electronic mail or fax
7constitutes a written request.
8(Source: P.A. 97-333, eff. 8-12-11; 98-185, eff. 1-1-14;
998-214, eff. 8-9-13; 98-756, eff. 7-16-14; 98-767, eff.
101-1-15.)
 
11    Section 25. The Home Health, Home Services, and Home
12Nursing Agency Licensing Act is amended by changing Section
132.05 as follows:
 
14    (210 ILCS 55/2.05)  (from Ch. 111 1/2, par. 2802.05)
15    Sec. 2.05. "Home health services" means services provided
16to a person at his residence according to a plan of treatment
17for illness or infirmity prescribed by a physician licensed to
18practice medicine in all its branches, a licensed physician
19assistant who has been delegated the authority to prescribe
20home health services by his or her supervising physician, or a
21licensed an advanced practice nurse who has a written
22collaborative agreement with a collaborating physician that
23delegates the authority to prescribe home health services. Such
24services include part time and intermittent nursing services

 

 

HB0421 Enrolled- 45 -LRB099 05828 HAF 25872 b

1and other therapeutic services such as physical therapy,
2occupational therapy, speech therapy, medical social services,
3or services provided by a home health aide.
4(Source: P.A. 98-261, eff. 8-9-13.)
 
5    Section 30. The Illinois Insurance Code is amended by
6changing Sections 356g.5 and 356z.1 as follows:
 
7    (215 ILCS 5/356g.5)
8    Sec. 356g.5. Clinical breast exam.
9    (a) The General Assembly finds that clinical breast
10examinations are a critical tool in the early detection of
11breast cancer, while the disease is in its earlier and
12potentially more treatable stages. Insurer reimbursement of
13clinical breast examinations is essential to the effort to
14reduce breast cancer deaths in Illinois.
15    (b) Every insurer shall provide, in each group or
16individual policy, contract, or certificate of accident or
17health insurance issued or renewed for persons who are
18residents of Illinois, coverage for complete and thorough
19clinical breast examinations as indicated by guidelines of
20practice, performed by a physician licensed to practice
21medicine in all its branches, a licensed an advanced practice
22nurse who has a collaborative agreement with a collaborating
23physician that authorizes breast examinations, or a licensed
24physician assistant who has been delegated authority to provide

 

 

HB0421 Enrolled- 46 -LRB099 05828 HAF 25872 b

1breast examinations, to check for lumps and other changes for
2the purpose of early detection and prevention of breast cancer
3as follows:
4        (1) at least every 3 years for women at least 20 years
5    of age but less than 40 years of age; and
6        (2) annually for women 40 years of age or older.
7    (c) Upon approval of a nationally recognized separate and
8distinct clinical breast exam code that is compliant with all
9State and federal laws, rules, and regulations, public and
10private insurance plans shall take action to cover clinical
11breast exams on a separate and distinct basis.
12(Source: P.A. 95-189, eff. 8-16-07.)
 
13    (215 ILCS 5/356z.1)
14    Sec. 356z.1. Prenatal HIV testing. An individual or group
15policy of accident and health insurance that provides maternity
16coverage and is amended, delivered, issued, or renewed after
17the effective date of this amendatory Act of the 92nd General
18Assembly must provide coverage for prenatal HIV testing ordered
19by an attending physician licensed to practice medicine in all
20its branches, or by a physician assistant or advanced practice
21registered nurse who has a written collaborative agreement with
22a collaborating physician that authorizes these services,
23including but not limited to orders consistent with the
24recommendations of the American College of Obstetricians and
25Gynecologists or the American Academy of Pediatrics.

 

 

HB0421 Enrolled- 47 -LRB099 05828 HAF 25872 b

1(Source: P.A. 92-130, eff. 7-20-01.)
 
2    Section 33. The Medical Practice Act of 1987 is amended by
3changing Section 54.5 as follows:
 
4    (225 ILCS 60/54.5)
5    (Section scheduled to be repealed on December 31, 2015)
6    Sec. 54.5. Physician delegation of authority to physician
7assistants, advanced practice nurses, and prescribing
8psychologists.
9    (a) Physicians licensed to practice medicine in all its
10branches may delegate care and treatment responsibilities to a
11physician assistant under guidelines in accordance with the
12requirements of the Physician Assistant Practice Act of 1987. A
13physician licensed to practice medicine in all its branches may
14enter into supervising physician agreements with no more than 5
15physician assistants as set forth in subsection (a) of Section
167 of the Physician Assistant Practice Act of 1987.
17    (b) A physician licensed to practice medicine in all its
18branches in active clinical practice may collaborate with an
19advanced practice nurse in accordance with the requirements of
20the Nurse Practice Act. Collaboration is for the purpose of
21providing medical consultation, and no employment relationship
22is required. A written collaborative agreement shall conform to
23the requirements of Section 65-35 of the Nurse Practice Act.
24The written collaborative agreement shall be for services in

 

 

HB0421 Enrolled- 48 -LRB099 05828 HAF 25872 b

1the same area of practice or specialty as the collaborating
2physician generally provides or may provide in his or her
3clinical medical practice. A written collaborative agreement
4shall be adequate with respect to collaboration with advanced
5practice nurses if all of the following apply:
6        (1) The agreement is written to promote the exercise of
7    professional judgment by the advanced practice nurse
8    commensurate with his or her education and experience. The
9    agreement need not describe the exact steps that an
10    advanced practice nurse must take with respect to each
11    specific condition, disease, or symptom, but must specify
12    those procedures that require a physician's presence as the
13    procedures are being performed.
14        (2) Practice guidelines and orders are developed and
15    approved jointly by the advanced practice nurse and
16    collaborating physician, as needed, based on the practice
17    of the practitioners. Such guidelines and orders and the
18    patient services provided thereunder are periodically
19    reviewed by the collaborating physician.
20        (2) (3) The advance practice nurse provides services
21    based upon a written collaborative agreement with the
22    collaborating physician generally provides or may provide
23    in his or her clinical medical practice, except as set
24    forth in subsection (b-5) of this Section. With respect to
25    labor and delivery, the collaborating physician must
26    provide delivery services in order to participate with a

 

 

HB0421 Enrolled- 49 -LRB099 05828 HAF 25872 b

1    certified nurse midwife.
2        (4) The collaborating physician and advanced practice
3    nurse consult at least once a month to provide
4    collaboration and consultation.
5        (3) (5) Methods of communication are available with the
6    collaborating physician in person or through
7    telecommunications for consultation, collaboration, and
8    referral as needed to address patient care needs.
9        (6) The agreement contains provisions detailing notice
10    for termination or change of status involving a written
11    collaborative agreement, except when such notice is given
12    for just cause.
13    (b-5) An anesthesiologist or physician licensed to
14practice medicine in all its branches may collaborate with a
15certified registered nurse anesthetist in accordance with
16Section 65-35 of the Nurse Practice Act for the provision of
17anesthesia services. With respect to the provision of
18anesthesia services, the collaborating anesthesiologist or
19physician shall have training and experience in the delivery of
20anesthesia services consistent with Department rules.
21Collaboration shall be adequate if:
22        (1) an anesthesiologist or a physician participates in
23    the joint formulation and joint approval of orders or
24    guidelines and periodically reviews such orders and the
25    services provided patients under such orders; and
26        (2) for anesthesia services, the anesthesiologist or

 

 

HB0421 Enrolled- 50 -LRB099 05828 HAF 25872 b

1    physician participates through discussion of and agreement
2    with the anesthesia plan and is physically present and
3    available on the premises during the delivery of anesthesia
4    services for diagnosis, consultation, and treatment of
5    emergency medical conditions. Anesthesia services in a
6    hospital shall be conducted in accordance with Section 10.7
7    of the Hospital Licensing Act and in an ambulatory surgical
8    treatment center in accordance with Section 6.5 of the
9    Ambulatory Surgical Treatment Center Act.
10    (b-10) The anesthesiologist or operating physician must
11agree with the anesthesia plan prior to the delivery of
12services.
13    (c) The supervising physician shall have access to the
14medical records of all patients attended by a physician
15assistant. The collaborating physician shall have access to the
16medical records of all patients attended to by an advanced
17practice nurse.
18    (d) (Blank).
19    (e) A physician shall not be liable for the acts or
20omissions of a prescribing psychologist, physician assistant,
21or advanced practice nurse solely on the basis of having signed
22a supervision agreement or guidelines or a collaborative
23agreement, an order, a standing medical order, a standing
24delegation order, or other order or guideline authorizing a
25prescribing psychologist, physician assistant, or advanced
26practice nurse to perform acts, unless the physician has reason

 

 

HB0421 Enrolled- 51 -LRB099 05828 HAF 25872 b

1to believe the prescribing psychologist, physician assistant,
2or advanced practice nurse lacked the competency to perform the
3act or acts or commits willful and wanton misconduct.
4    (f) A collaborating physician may, but is not required to,
5delegate prescriptive authority to an advanced practice nurse
6as part of a written collaborative agreement, and the
7delegation of prescriptive authority shall conform to the
8requirements of Section 65-40 of the Nurse Practice Act.
9    (g) A supervising physician may, but is not required to,
10delegate prescriptive authority to a physician assistant as
11part of a written supervision agreement, and the delegation of
12prescriptive authority shall conform to the requirements of
13Section 7.5 of the Physician Assistant Practice Act of 1987.
14    (h) (Blank). For the purposes of this Section, "generally
15provides or may provide in his or her clinical medical
16practice" means categories of care or treatment, not specific
17tasks or duties, that the physician provides individually or
18through delegation to other persons so that the physician has
19the experience and ability to provide collaboration and
20consultation. This definition shall not be construed to
21prohibit an advanced practice nurse from providing primary
22health treatment or care within the scope of his or her
23training and experience, including, but not limited to, health
24screenings, patient histories, physical examinations, women's
25health examinations, or school physicals that may be provided
26as part of the routine practice of an advanced practice nurse

 

 

HB0421 Enrolled- 52 -LRB099 05828 HAF 25872 b

1or on a volunteer basis.
2    (i) A collaborating physician shall delegate prescriptive
3authority to a prescribing psychologist as part of a written
4collaborative agreement, and the delegation of prescriptive
5authority shall conform to the requirements of Section 4.3 of
6the Clinical Psychologist Licensing Act.
7(Source: P.A. 97-358, eff. 8-12-11; 97-1071, eff. 8-24-12;
898-192, eff. 1-1-14; 98-668, eff. 6-25-14.)
 
9    Section 35. The Nurse Practice Act is amended by changing
10Sections 50-10, 65-35, and 65-45 and by adding Section 65-35.1
11as follows:
 
12    (225 ILCS 65/50-10)   (was 225 ILCS 65/5-10)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 50-10. Definitions. Each of the following terms, when
15used in this Act, shall have the meaning ascribed to it in this
16Section, except where the context clearly indicates otherwise:
17    "Academic year" means the customary annual schedule of
18courses at a college, university, or approved school,
19customarily regarded as the school year as distinguished from
20the calendar year.
21    "Advanced practice nurse" or "APN" means a person who has
22met the qualifications for a (i) certified nurse midwife (CNM);
23(ii) certified nurse practitioner (CNP); (iii) certified
24registered nurse anesthetist (CRNA); or (iv) clinical nurse

 

 

HB0421 Enrolled- 53 -LRB099 05828 HAF 25872 b

1specialist (CNS) and has been licensed by the Department. All
2advanced practice nurses licensed and practicing in the State
3of Illinois shall use the title APN and may use specialty
4credentials CNM, CNP, CRNA, or CNS after their name. All
5advanced practice nurses may only practice in accordance with
6national certification and this Act.
7    "Approved program of professional nursing education" and
8"approved program of practical nursing education" are programs
9of professional or practical nursing, respectively, approved
10by the Department under the provisions of this Act.
11    "Board" means the Board of Nursing appointed by the
12Secretary.
13    "Collaboration" means a process involving 2 or more health
14care professionals working together, each contributing one's
15respective area of expertise to provide more comprehensive
16patient care.
17    "Consultation" means the process whereby an advanced
18practice nurse seeks the advice or opinion of another health
19care professional.
20    "Credentialed" means the process of assessing and
21validating the qualifications of a health care professional.
22    "Current nursing practice update course" means a planned
23nursing education curriculum approved by the Department
24consisting of activities that have educational objectives,
25instructional methods, content or subject matter, clinical
26practice, and evaluation methods, related to basic review and

 

 

HB0421 Enrolled- 54 -LRB099 05828 HAF 25872 b

1updating content and specifically planned for those nurses
2previously licensed in the United States or its territories and
3preparing for reentry into nursing practice.
4    "Dentist" means a person licensed to practice dentistry
5under the Illinois Dental Practice Act.
6    "Department" means the Department of Financial and
7Professional Regulation.
8    "Impaired nurse" means a nurse licensed under this Act who
9is unable to practice with reasonable skill and safety because
10of a physical or mental disability as evidenced by a written
11determination or written consent based on clinical evidence,
12including loss of motor skills, abuse of drugs or alcohol, or a
13psychiatric disorder, of sufficient degree to diminish his or
14her ability to deliver competent patient care.
15    "License-pending advanced practice nurse" means a
16registered professional nurse who has completed all
17requirements for licensure as an advanced practice nurse except
18the certification examination and has applied to take the next
19available certification exam and received a temporary license
20from the Department.
21    "License-pending registered nurse" means a person who has
22passed the Department-approved registered nurse licensure exam
23and has applied for a license from the Department. A
24license-pending registered nurse shall use the title "RN lic
25pend" on all documentation related to nursing practice.
26    "Physician" means a person licensed to practice medicine in

 

 

HB0421 Enrolled- 55 -LRB099 05828 HAF 25872 b

1all its branches under the Medical Practice Act of 1987.
2    "Podiatric physician" means a person licensed to practice
3podiatry under the Podiatric Medical Practice Act of 1987.
4    "Practical nurse" or "licensed practical nurse" means a
5person who is licensed as a practical nurse under this Act and
6practices practical nursing as defined in this Act. Only a
7practical nurse licensed under this Act is entitled to use the
8title "licensed practical nurse" and the abbreviation
9"L.P.N.".
10    "Practical nursing" means the performance of nursing acts
11requiring the basic nursing knowledge, judgment judgement, and
12skill acquired by means of completion of an approved practical
13nursing education program. Practical nursing includes
14assisting in the nursing process as delegated by a registered
15professional nurse or an advanced practice nurse. The practical
16nurse may work under the direction of a licensed physician,
17dentist, podiatric physician, or other health care
18professional determined by the Department.
19    "Privileged" means the authorization granted by the
20governing body of a healthcare facility, agency, or
21organization to provide specific patient care services within
22well-defined limits, based on qualifications reviewed in the
23credentialing process.
24    "Registered Nurse" or "Registered Professional Nurse"
25means a person who is licensed as a professional nurse under
26this Act and practices nursing as defined in this Act. Only a

 

 

HB0421 Enrolled- 56 -LRB099 05828 HAF 25872 b

1registered nurse licensed under this Act is entitled to use the
2titles "registered nurse" and "registered professional nurse"
3and the abbreviation, "R.N.".
4    "Registered professional nursing practice" is a scientific
5process founded on a professional body of knowledge; it is a
6learned profession based on the understanding of the human
7condition across the life span and environment and includes all
8nursing specialties and means the performance of any nursing
9act based upon professional knowledge, judgment, and skills
10acquired by means of completion of an approved professional
11nursing education program. A registered professional nurse
12provides holistic nursing care through the nursing process to
13individuals, groups, families, or communities, that includes
14but is not limited to: (1) the assessment of healthcare needs,
15nursing diagnosis, planning, implementation, and nursing
16evaluation; (2) the promotion, maintenance, and restoration of
17health; (3) counseling, patient education, health education,
18and patient advocacy; (4) the administration of medications and
19treatments as prescribed by a physician licensed to practice
20medicine in all of its branches, a licensed dentist, a licensed
21podiatric physician, or a licensed optometrist or as prescribed
22by a physician assistant in accordance with written guidelines
23required under the Physician Assistant Practice Act of 1987 or
24by an advanced practice nurse in accordance with Article 65 of
25this Act; (5) the coordination and management of the nursing
26plan of care; (6) the delegation to and supervision of

 

 

HB0421 Enrolled- 57 -LRB099 05828 HAF 25872 b

1individuals who assist the registered professional nurse
2implementing the plan of care; and (7) teaching nursing
3students. The foregoing shall not be deemed to include those
4acts of medical diagnosis or prescription of therapeutic or
5corrective measures.
6    "Professional assistance program for nurses" means a
7professional assistance program that meets criteria
8established by the Board of Nursing and approved by the
9Secretary, which provides a non-disciplinary treatment
10approach for nurses licensed under this Act whose ability to
11practice is compromised by alcohol or chemical substance
12addiction.
13    "Secretary" means the Secretary of Financial and
14Professional Regulation.
15    "Unencumbered license" means a license issued in good
16standing.
17    "Written collaborative agreement" means a written
18agreement between an advanced practice nurse and a
19collaborating physician, dentist, or podiatric physician
20pursuant to Section 65-35.
21(Source: P.A. 97-813, eff. 7-13-12; 98-214, eff. 8-9-13.)
 
22    (225 ILCS 65/65-35)   (was 225 ILCS 65/15-15)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 65-35. Written collaborative agreements.
25    (a) A written collaborative agreement is required for all

 

 

HB0421 Enrolled- 58 -LRB099 05828 HAF 25872 b

1advanced practice nurses engaged in clinical practice, except
2for advanced practice nurses who are authorized to practice in
3a hospital, hospital affiliate, or ambulatory surgical
4treatment center.
5    (a-5) If an advanced practice nurse engages in clinical
6practice outside of a hospital, hospital affiliate, or
7ambulatory surgical treatment center in which he or she is
8authorized to practice, the advanced practice nurse must have a
9written collaborative agreement.
10    (b) A written collaborative agreement shall describe the
11working relationship of the advanced practice nurse with the
12collaborating physician or podiatric physician and shall
13describe authorize the categories of care, treatment, or
14procedures to be provided performed by the advanced practice
15nurse. A collaborative agreement with a dentist must be in
16accordance with subsection (c-10) of this Section.
17Collaboration does not require an employment relationship
18between the collaborating physician or podiatric physician and
19advanced practice nurse. Collaboration means the relationship
20under which an advanced practice nurse works with a
21collaborating physician or podiatric physician in an active
22clinical practice to deliver health care services in accordance
23with (i) the advanced practice nurse's training, education, and
24experience and (ii) collaboration and consultation as
25documented in a jointly developed written collaborative
26agreement.

 

 

HB0421 Enrolled- 59 -LRB099 05828 HAF 25872 b

1    The agreement shall promote the exercise of professional
2judgment by the advanced practice nurse commensurate with his
3or her education and experience. The services to be provided by
4the advanced practice nurse shall be services that the
5collaborating physician or podiatric physician is authorized
6to and generally provides or may provide in his or her clinical
7medical or podiatric practice, except as set forth in
8subsection (b-5) or (c-5) of this Section. The agreement need
9not describe the exact steps that an advanced practice nurse
10must take with respect to each specific condition, disease, or
11symptom but must specify which authorized procedures require
12the presence of the collaborating physician or podiatric
13physician as the procedures are being performed. The
14collaborative relationship under an agreement shall not be
15construed to require the personal presence of a physician or
16podiatric physician at the place where services are rendered.
17Methods of communication shall be available for consultation
18with the collaborating physician or podiatric physician in
19person or by telecommunications or electronic communications
20in accordance with established written guidelines as set forth
21in the written agreement.
22    (b-5) Absent an employment relationship, a written
23collaborative agreement may not (1) restrict the categories of
24patients of an advanced practice nurse within the scope of the
25advanced practice nurses training and experience, (2) limit
26third party payors or government health programs, such as the

 

 

HB0421 Enrolled- 60 -LRB099 05828 HAF 25872 b

1medical assistance program or Medicare with which the advanced
2practice nurse contracts, or (3) limit the geographic area or
3practice location of the advanced practice nurse in this State.
4    (c) Collaboration and consultation under all collaboration
5agreements shall be adequate if a collaborating physician or
6podiatric physician does each of the following:
7        (1) Participates in the joint formulation and joint
8    approval of orders or guidelines with the advanced practice
9    nurse and he or she periodically reviews such orders and
10    the services provided patients under such orders in
11    accordance with accepted standards of medical practice or
12    podiatric practice and advanced practice nursing practice.
13        (2) Provides collaboration and consultation with the
14    advanced practice nurse at least once a month. In the case
15    of anesthesia services provided by a certified registered
16    nurse anesthetist, an anesthesiologist, a physician, a
17    dentist, or a podiatric physician must participate through
18    discussion of and agreement with the anesthesia plan and
19    remain physically present and available on the premises
20    during the delivery of anesthesia services for diagnosis,
21    consultation, and treatment of emergency medical
22    conditions.
23        (3) Is available through telecommunications for
24    consultation on medical problems, complications, or
25    emergencies or patient referral. In the case of anesthesia
26    services provided by a certified registered nurse

 

 

HB0421 Enrolled- 61 -LRB099 05828 HAF 25872 b

1    anesthetist, an anesthesiologist, a physician, a dentist,
2    or a podiatric physician must participate through
3    discussion of and agreement with the anesthesia plan and
4    remain physically present and available on the premises
5    during the delivery of anesthesia services for diagnosis,
6    consultation, and treatment of emergency medical
7    conditions.
8    The agreement must contain provisions detailing notice for
9termination or change of status involving a written
10collaborative agreement, except when such notice is given for
11just cause.
12    (c-5) A certified registered nurse anesthetist, who
13provides anesthesia services outside of a hospital or
14ambulatory surgical treatment center shall enter into a written
15collaborative agreement with an anesthesiologist or the
16physician licensed to practice medicine in all its branches or
17the podiatric physician performing the procedure. Outside of a
18hospital or ambulatory surgical treatment center, the
19certified registered nurse anesthetist may provide only those
20services that the collaborating podiatric physician is
21authorized to provide pursuant to the Podiatric Medical
22Practice Act of 1987 and rules adopted thereunder. A certified
23registered nurse anesthetist may select, order, and administer
24medication, including controlled substances, and apply
25appropriate medical devices for delivery of anesthesia
26services under the anesthesia plan agreed with by the

 

 

HB0421 Enrolled- 62 -LRB099 05828 HAF 25872 b

1anesthesiologist or the operating physician or operating
2podiatric physician.
3    (c-10) A certified registered nurse anesthetist who
4provides anesthesia services in a dental office shall enter
5into a written collaborative agreement with an
6anesthesiologist or the physician licensed to practice
7medicine in all its branches or the operating dentist
8performing the procedure. The agreement shall describe the
9working relationship of the certified registered nurse
10anesthetist and dentist and shall authorize the categories of
11care, treatment, or procedures to be performed by the certified
12registered nurse anesthetist. In a collaborating dentist's
13office, the certified registered nurse anesthetist may only
14provide those services that the operating dentist with the
15appropriate permit is authorized to provide pursuant to the
16Illinois Dental Practice Act and rules adopted thereunder. For
17anesthesia services, an anesthesiologist, physician, or
18operating dentist shall participate through discussion of and
19agreement with the anesthesia plan and shall remain physically
20present and be available on the premises during the delivery of
21anesthesia services for diagnosis, consultation, and treatment
22of emergency medical conditions. A certified registered nurse
23anesthetist may select, order, and administer medication,
24including controlled substances, and apply appropriate medical
25devices for delivery of anesthesia services under the
26anesthesia plan agreed with by the operating dentist.

 

 

HB0421 Enrolled- 63 -LRB099 05828 HAF 25872 b

1    (d) A copy of the signed, written collaborative agreement
2must be available to the Department upon request from both the
3advanced practice nurse and the collaborating physician,
4dentist, or podiatric physician.
5    (e) Nothing in this Act shall be construed to limit the
6delegation of tasks or duties by a physician to a licensed
7practical nurse, a registered professional nurse, or other
8persons in accordance with Section 54.2 of the Medical Practice
9Act of 1987. Nothing in this Act shall be construed to limit
10the method of delegation that may be authorized by any means,
11including, but not limited to, oral, written, electronic,
12standing orders, protocols, guidelines, or verbal orders.
13Nothing in this Act shall be construed to authorize an advanced
14practice nurse to provide health care services required by law
15or rule to be performed by a physician.
16    (f) An advanced practice nurse shall inform each
17collaborating physician, dentist, or podiatric physician of
18all collaborative agreements he or she has signed and provide a
19copy of these to any collaborating physician, dentist, or
20podiatric physician upon request.
21    (g) (Blank). For the purposes of this Act, "generally
22provides or may provide in his or her clinical medical
23practice" means categories of care or treatment, not specific
24tasks or duties, the physician provides individually or through
25delegation to other persons so that the physician has the
26experience and ability to provide collaboration and

 

 

HB0421 Enrolled- 64 -LRB099 05828 HAF 25872 b

1consultation. This definition shall not be construed to
2prohibit an advanced practice nurse from providing primary
3health treatment or care within the scope of his or her
4training and experience, including, but not limited to, health
5screenings, patient histories, physical examinations, women's
6health examinations, or school physicals that may be provided
7as part of the routine practice of an advanced practice nurse
8or on a volunteer basis.
9    For the purposes of this Act, "generally provides or may
10provide in his or her clinical podiatric practice" means
11services, not specific tasks or duties, that the podiatric
12physician routinely provides individually or through
13delegation to other persons so that the podiatric physician has
14the experience and ability to provide collaboration and
15consultation.
16(Source: P.A. 97-358, eff. 8-12-11; 98-192, eff. 1-1-14;
1798-214, eff. 8-9-13; 98-756, eff. 7-16-14.)
 
18    (225 ILCS 65/65-35.1 new)
19    Sec. 65-35.1. Written collaborative agreement; temporary
20practice. Any advanced practice nurse required to enter into a
21written collaborative agreement with a collaborating physician
22or collaborating podiatrist is authorized to continue to
23practice for up to 90 days after the termination of a
24collaborative agreement provided the advanced practice nurse
25seeks any needed collaboration at a local hospital and refers

 

 

HB0421 Enrolled- 65 -LRB099 05828 HAF 25872 b

1patients who require services beyond the training and
2experience of the advanced practice nurse to a physician or
3other health care provider.
 
4    (225 ILCS 65/65-45)   (was 225 ILCS 65/15-25)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 65-45. Advanced practice nursing in hospitals,
7hospital affiliates, or ambulatory surgical treatment centers.
8    (a) An advanced practice nurse may provide services in a
9hospital or a hospital affiliate as those terms are defined in
10the Hospital Licensing Act or the University of Illinois
11Hospital Act or a licensed ambulatory surgical treatment center
12without a written collaborative agreement pursuant to Section
1365-35 of this Act. An advanced practice nurse must possess
14clinical privileges recommended by the hospital medical staff
15and granted by the hospital or the consulting medical staff
16committee and ambulatory surgical treatment center in order to
17provide services. The medical staff or consulting medical staff
18committee shall periodically review the services of advanced
19practice nurses granted clinical privileges, including any
20care provided in a hospital affiliate. Authority may also be
21granted when recommended by the hospital medical staff and
22granted by the hospital or recommended by the consulting
23medical staff committee and ambulatory surgical treatment
24center to individual advanced practice nurses to select, order,
25and administer medications, including controlled substances,

 

 

HB0421 Enrolled- 66 -LRB099 05828 HAF 25872 b

1to provide delineated care. In a hospital, hospital affiliate,
2or ambulatory surgical treatment center, the attending
3physician shall determine an advanced practice nurse's role in
4providing care for his or her patients, except as otherwise
5provided in the medical staff bylaws or consulting committee
6policies.
7    (a-2) An advanced practice nurse granted authority to order
8medications including controlled substances may complete
9discharge prescriptions provided the prescription is in the
10name of the advanced practice nurse and the attending or
11discharging physician.
12    (a-3) Advanced practice nurses practicing in a hospital or
13an ambulatory surgical treatment center are not required to
14obtain a mid-level controlled substance license to order
15controlled substances under Section 303.05 of the Illinois
16Controlled Substances Act.
17    (a-5) For anesthesia services provided by a certified
18registered nurse anesthetist, an anesthesiologist, physician,
19dentist, or podiatric physician shall participate through
20discussion of and agreement with the anesthesia plan and shall
21remain physically present and be available on the premises
22during the delivery of anesthesia services for diagnosis,
23consultation, and treatment of emergency medical conditions,
24unless hospital policy adopted pursuant to clause (B) of
25subdivision (3) of Section 10.7 of the Hospital Licensing Act
26or ambulatory surgical treatment center policy adopted

 

 

HB0421 Enrolled- 67 -LRB099 05828 HAF 25872 b

1pursuant to clause (B) of subdivision (3) of Section 6.5 of the
2Ambulatory Surgical Treatment Center Act provides otherwise. A
3certified registered nurse anesthetist may select, order, and
4administer medication for anesthesia services under the
5anesthesia plan agreed to by the anesthesiologist or the
6physician, in accordance with hospital alternative policy or
7the medical staff consulting committee policies of a licensed
8ambulatory surgical treatment center.
9    (b) An advanced practice nurse who provides services in a
10hospital shall do so in accordance with Section 10.7 of the
11Hospital Licensing Act and, in an ambulatory surgical treatment
12center, in accordance with Section 6.5 of the Ambulatory
13Surgical Treatment Center Act.
14    (c) Advanced practice nurses certified as nurse
15practitioners, nurse midwives, or clinical nurse specialists
16practicing in a hospital affiliate may be, but are not required
17to be, granted authority to prescribe Schedule II through V
18controlled substances when such authority is recommended by the
19appropriate physician committee of the hospital affiliate and
20granted by the hospital affiliate. This authority may, but is
21not required to, include prescription of, selection of, orders
22for, administration of, storage of, acceptance of samples of,
23and dispensing over-the-counter medications, legend drugs,
24medical gases, and controlled substances categorized as
25Schedule II through V controlled substances, as defined in
26Article II of the Illinois Controlled Substances Act, and other

 

 

HB0421 Enrolled- 68 -LRB099 05828 HAF 25872 b

1preparations, including, but not limited to, botanical and
2herbal remedies.
3    To prescribe controlled substances under this subsection
4(c), an advanced practice nurse certified as a nurse
5practitioner, nurse midwife, or clinical nurse specialist must
6obtain a mid-level practitioner controlled substance license.
7Medication orders shall be reviewed periodically by the
8appropriate hospital affiliate physicians committee or its
9physician designee.
10    The hospital affiliate shall file with the Department
11notice of a grant of prescriptive authority consistent with
12this subsection (c) and termination of such a grant of
13authority, in accordance with rules of the Department. Upon
14receipt of this notice of grant of authority to prescribe any
15Schedule II through V controlled substances, the licensed
16advanced practice nurse certified as a nurse practitioner,
17nurse midwife, or clinical nurse specialist may register for a
18mid-level practitioner controlled substance license under
19Section 303.05 of the Illinois Controlled Substances Act.
20    In addition, a hospital affiliate may, but is not required
21to, grant authority to an advanced practice nurse certified as
22a nurse practitioner, nurse midwife, or clinical nurse
23specialist to prescribe any Schedule II controlled substances,
24if all of the following conditions apply:
25        (1) specific Schedule II controlled substances by oral
26    dosage or topical or transdermal application may be

 

 

HB0421 Enrolled- 69 -LRB099 05828 HAF 25872 b

1    designated, provided that the designated Schedule II
2    controlled substances are routinely prescribed by advanced
3    practice nurses in their area of certification; this grant
4    of authority must identify the specific Schedule II
5    controlled substances by either brand name or generic name;
6    authority to prescribe or dispense Schedule II controlled
7    substances to be delivered by injection or other route of
8    administration may not be granted;
9        (2) any grant of authority must be controlled
10    substances limited to the practice of the advanced practice
11    nurse;
12        (3) any prescription must be limited to no more than a
13    30-day supply;
14        (4) the advanced practice nurse must discuss the
15    condition of any patients for whom a controlled substance
16    is prescribed monthly with the appropriate physician
17    committee of the hospital affiliate or its physician
18    designee; and
19        (5) the advanced practice nurse must meet the education
20    requirements of Section 303.05 of the Illinois Controlled
21    Substances Act.
22(Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)
 
23    Section 40. The Illinois Occupational Therapy Practice Act
24is amended by changing Section 3.1 as follows:
 

 

 

HB0421 Enrolled- 70 -LRB099 05828 HAF 25872 b

1    (225 ILCS 75/3.1)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 3.1. Referrals.
4    (a) A licensed occupational therapist or licensed
5occupational therapy assistant may consult with, educate,
6evaluate, and monitor services for individuals, groups, and
7populations concerning occupational therapy needs. Except as
8indicated in subsections (b) and (c) of this Section,
9implementation of direct occupational therapy treatment to
10individuals for their specific health care conditions shall be
11based upon a referral from a licensed physician, dentist,
12podiatric physician, or advanced practice nurse who has a
13written collaborative agreement with a collaborating physician
14to provide or accept referrals from licensed occupational
15therapists, physician assistant who has been delegated
16authority to provide or accept referrals from or to licensed
17occupational therapists, or optometrist.
18    (b) A referral is not required for the purpose of providing
19consultation, habilitation, screening, education, wellness,
20prevention, environmental assessments, and work-related
21ergonomic services to individuals, groups, or populations.
22    (c) Referral from a physician or other health care provider
23is not required for evaluation or intervention for children and
24youths if an occupational therapist or occupational therapy
25assistant provides services in a school-based or educational
26environment, including the child's home.

 

 

HB0421 Enrolled- 71 -LRB099 05828 HAF 25872 b

1    (d) An occupational therapist shall refer to a licensed
2physician, dentist, optometrist, advanced practice nurse,
3physician assistant, or podiatric physician any patient whose
4medical condition should, at the time of evaluation or
5treatment, be determined to be beyond the scope of practice of
6the occupational therapist.
7(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
898-756, eff. 7-16-14.)
 
9    Section 45. The Orthotics, Prosthetics, and Pedorthics
10Practice Act is amended by changing Section 57 as follows:
 
11    (225 ILCS 84/57)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 57. Limitation on provision of care and services. A
14licensed orthotist, prosthetist, or pedorthist may provide
15care or services only if the care or services are provided
16pursuant to an order from (i) a licensed physician, (ii) a
17licensed podiatric physician, (iii) a licensed an advanced
18practice nurse who has a written collaborative agreement with a
19collaborating physician or podiatric physician that
20specifically authorizes ordering the services of an orthotist,
21prosthetist or pedorthist, or (iv) an advanced practice nurse
22who practices in a hospital or ambulatory surgical treatment
23center and possesses clinical privileges to order services of
24an orthotist, prosthetist, or pedorthist, or (v) a licensed

 

 

HB0421 Enrolled- 72 -LRB099 05828 HAF 25872 b

1physician assistant who has been delegated the authority to
2order the services of an orthotist, prosthetist, or pedorthist
3by his or her supervising physician. A licensed podiatric
4physician or advanced practice nurse collaborating with a
5podiatric physician may only order care or services concerning
6the foot from a licensed prosthetist.
7(Source: P.A. 98-214, eff. 8-9-13.)
 
8    Section 50. The Illinois Physical Therapy Act is amended by
9changing Section 1 as follows:
 
10    (225 ILCS 90/1)  (from Ch. 111, par. 4251)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 1. Definitions. As used in this Act:
13    (1) "Physical therapy" means all of the following:
14        (A) Examining, evaluating, and testing individuals who
15    may have mechanical, physiological, or developmental
16    impairments, functional limitations, disabilities, or
17    other health and movement-related conditions, classifying
18    these disorders, determining a rehabilitation prognosis
19    and plan of therapeutic intervention, and assessing the
20    on-going effects of the interventions.
21        (B) Alleviating impairments, functional limitations,
22    or disabilities by designing, implementing, and modifying
23    therapeutic interventions that may include, but are not
24    limited to, the evaluation or treatment of a person through

 

 

HB0421 Enrolled- 73 -LRB099 05828 HAF 25872 b

1    the use of the effective properties of physical measures
2    and heat, cold, light, water, radiant energy, electricity,
3    sound, and air and use of therapeutic massage, therapeutic
4    exercise, mobilization, and rehabilitative procedures,
5    with or without assistive devices, for the purposes of
6    preventing, correcting, or alleviating a physical or
7    mental impairment, functional limitation, or disability.
8        (C) Reducing the risk of injury, impairment,
9    functional limitation, or disability, including the
10    promotion and maintenance of fitness, health, and
11    wellness.
12        (D) Engaging in administration, consultation,
13    education, and research.
14    Physical therapy includes, but is not limited to: (a)
15performance of specialized tests and measurements, (b)
16administration of specialized treatment procedures, (c)
17interpretation of referrals from physicians, dentists,
18advanced practice nurses, physician assistants, and podiatric
19physicians, (d) establishment, and modification of physical
20therapy treatment programs, (e) administration of topical
21medication used in generally accepted physical therapy
22procedures when such medication is prescribed by the patient's
23physician, licensed to practice medicine in all its branches,
24the patient's physician licensed to practice podiatric
25medicine, the patient's advanced practice nurse, the patient's
26physician assistant, or the patient's dentist, and (f)

 

 

HB0421 Enrolled- 74 -LRB099 05828 HAF 25872 b

1supervision or teaching of physical therapy. Physical therapy
2does not include radiology, electrosurgery, chiropractic
3technique or determination of a differential diagnosis;
4provided, however, the limitation on determining a
5differential diagnosis shall not in any manner limit a physical
6therapist licensed under this Act from performing an evaluation
7pursuant to such license. Nothing in this Section shall limit a
8physical therapist from employing appropriate physical therapy
9techniques that he or she is educated and licensed to perform.
10A physical therapist shall refer to a licensed physician,
11advanced practice nurse, physician assistant, dentist, or
12podiatric physician any patient whose medical condition
13should, at the time of evaluation or treatment, be determined
14to be beyond the scope of practice of the physical therapist.
15    (2) "Physical therapist" means a person who practices
16physical therapy and who has met all requirements as provided
17in this Act.
18    (3) "Department" means the Department of Professional
19Regulation.
20    (4) "Director" means the Director of Professional
21Regulation.
22    (5) "Board" means the Physical Therapy Licensing and
23Disciplinary Board approved by the Director.
24    (6) "Referral" means a written or oral authorization for
25physical therapy services for a patient by a physician,
26dentist, advanced practice nurse, physician assistant, or

 

 

HB0421 Enrolled- 75 -LRB099 05828 HAF 25872 b

1podiatric physician who maintains medical supervision of the
2patient and makes a diagnosis or verifies that the patient's
3condition is such that it may be treated by a physical
4therapist.
5    (7) "Documented current and relevant diagnosis" for the
6purpose of this Act means a diagnosis, substantiated by
7signature or oral verification of a physician, dentist,
8advanced practice nurse, physician assistant, or podiatric
9physician, that a patient's condition is such that it may be
10treated by physical therapy as defined in this Act, which
11diagnosis shall remain in effect until changed by the
12physician, dentist, advanced practice nurse, physician
13assistant, or podiatric physician.
14    (8) "State" includes:
15        (a) the states of the United States of America;
16        (b) the District of Columbia; and
17        (c) the Commonwealth of Puerto Rico.
18    (9) "Physical therapist assistant" means a person licensed
19to assist a physical therapist and who has met all requirements
20as provided in this Act and who works under the supervision of
21a licensed physical therapist to assist in implementing the
22physical therapy treatment program as established by the
23licensed physical therapist. The patient care activities
24provided by the physical therapist assistant shall not include
25the interpretation of referrals, evaluation procedures, or the
26planning or major modification of patient programs.

 

 

HB0421 Enrolled- 76 -LRB099 05828 HAF 25872 b

1    (10) "Physical therapy aide" means a person who has
2received on the job training, specific to the facility in which
3he is employed, but who has not completed an approved physical
4therapist assistant program.
5    (11) "Advanced practice nurse" means a person licensed as
6an advanced practice nurse under the Nurse Practice Act who has
7a collaborative agreement with a collaborating physician that
8authorizes referrals to physical therapists.
9    (12) "Physician assistant" means a person licensed under
10the Physician Assistant Practice Act of 1987 who has been
11delegated authority to make referrals to physical therapists.
12(Source: P.A. 98-214, eff. 8-9-13.)
 
13    Section 53. The Podiatric Medical Practice Act of 1987 is
14amended by changing Section 20.5 as follows:
 
15    (225 ILCS 100/20.5)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 20.5. Delegation of authority to advanced practice
18nurses.
19    (a) A podiatric physician in active clinical practice may
20collaborate with an advanced practice nurse in accordance with
21the requirements of the Nurse Practice Act. Collaboration shall
22be for the purpose of providing podiatric care consultation and
23no employment relationship shall be required. A written
24collaborative agreement shall conform to the requirements of

 

 

HB0421 Enrolled- 77 -LRB099 05828 HAF 25872 b

1Section 65-35 of the Nurse Practice Act. The written
2collaborative agreement shall be for services the
3collaborating podiatric physician generally provides to his or
4her patients in the normal course of clinical podiatric
5practice, except as set forth in item (3) of this subsection
6(a). A written collaborative agreement and podiatric physician
7collaboration and consultation shall be adequate with respect
8to advanced practice nurses if all of the following apply:
9        (1) The agreement is written to promote the exercise of
10    professional judgment by the advanced practice nurse
11    commensurate with his or her education and experience. The
12    agreement need not describe the exact steps that an
13    advanced practice nurse must take with respect to each
14    specific condition, disease, or symptom, but must specify
15    which procedures require a podiatric physician's presence
16    as the procedures are being performed.
17        (2) Practice guidelines and orders are developed and
18    approved jointly by the advanced practice nurse and
19    collaborating podiatric physician, as needed, based on the
20    practice of the practitioners. Such guidelines and orders
21    and the patient services provided thereunder are
22    periodically reviewed by the collaborating podiatric
23    physician.
24        (1) (3) The advance practice nurse provides services
25    that the collaborating podiatric physician generally
26    provides to his or her patients in the normal course of

 

 

HB0421 Enrolled- 78 -LRB099 05828 HAF 25872 b

1    clinical practice. With respect to the provision of
2    anesthesia services by a certified registered nurse
3    anesthetist, the collaborating podiatric physician must
4    have training and experience in the delivery of anesthesia
5    consistent with Department rules.
6        (4) The collaborating podiatric physician and the
7    advanced practice nurse consult at least once a month to
8    provide collaboration and consultation.
9        (2) (5) Methods of communication are available with the
10    collaborating podiatric physician in person or through
11    telecommunications or electronic communications for
12    consultation, collaboration, and referral as needed to
13    address patient care needs.
14        (3) (6) With respect to the provision of anesthesia
15    services by a certified registered nurse anesthetist, an
16    anesthesiologist, physician, or podiatric physician shall
17    participate through discussion of and agreement with the
18    anesthesia plan and shall remain physically present and be
19    available on the premises during the delivery of anesthesia
20    services for diagnosis, consultation, and treatment of
21    emergency medical conditions. The anesthesiologist or
22    operating podiatric physician must agree with the
23    anesthesia plan prior to the delivery of services.
24        (7) The agreement contains provisions detailing notice
25    for termination or change of status involving a written
26    collaborative agreement, except when such notice is given

 

 

HB0421 Enrolled- 79 -LRB099 05828 HAF 25872 b

1    for just cause.
2    (b) The collaborating podiatric physician shall have
3access to the records of all patients attended to by an
4advanced practice nurse.
5    (c) Nothing in this Section shall be construed to limit the
6delegation of tasks or duties by a podiatric physician to a
7licensed practical nurse, a registered professional nurse, or
8other appropriately trained persons.
9    (d) A podiatric physician shall not be liable for the acts
10or omissions of an advanced practice nurse solely on the basis
11of having signed guidelines or a collaborative agreement, an
12order, a standing order, a standing delegation order, or other
13order or guideline authorizing an advanced practice nurse to
14perform acts, unless the podiatric physician has reason to
15believe the advanced practice nurse lacked the competency to
16perform the act or acts or commits willful or wanton
17misconduct.
18    (e) A podiatric physician, may, but is not required to
19delegate prescriptive authority to an advanced practice nurse
20as part of a written collaborative agreement and the delegation
21of prescriptive authority shall conform to the requirements of
22Section 65-40 of the Nurse Practice Act.
23(Source: P.A. 97-358, eff. 8-12-11; 97-813, eff. 7-13-12;
2498-214, eff. 8-9-13.)
 
25    Section 55. The Respiratory Care Practice Act is amended by

 

 

HB0421 Enrolled- 80 -LRB099 05828 HAF 25872 b

1changing Section 10 as follows:
 
2    (225 ILCS 106/10)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 10. Definitions. In this Act:
5    "Advanced practice nurse" means an advanced practice nurse
6licensed under the Nurse Practice Act.
7    "Board" means the Respiratory Care Board appointed by the
8Director.
9    "Basic respiratory care activities" means and includes all
10of the following activities:
11         (1) Cleaning, disinfecting, and sterilizing equipment
12    used in the practice of respiratory care as delegated by a
13    licensed health care professional or other authorized
14    licensed personnel.
15        (2) Assembling equipment used in the practice of
16    respiratory care as delegated by a licensed health care
17    professional or other authorized licensed personnel.
18        (3) Collecting and reviewing patient data through
19    non-invasive means, provided that the collection and
20    review does not include the individual's interpretation of
21    the clinical significance of the data. Collecting and
22    reviewing patient data includes the performance of pulse
23    oximetry and non-invasive monitoring procedures in order
24    to obtain vital signs and notification to licensed health
25    care professionals and other authorized licensed personnel

 

 

HB0421 Enrolled- 81 -LRB099 05828 HAF 25872 b

1    in a timely manner.
2        (4) Maintaining a nasal cannula or face mask for oxygen
3    therapy in the proper position on the patient's face.
4        (5) Assembling a nasal cannula or face mask for oxygen
5    therapy at patient bedside in preparation for use.
6        (6) Maintaining a patient's natural airway by
7    physically manipulating the jaw and neck, suctioning the
8    oral cavity, or suctioning the mouth or nose with a bulb
9    syringe.
10        (7) Performing assisted ventilation during emergency
11    resuscitation using a manual resuscitator.
12        (8) Using a manual resuscitator at the direction of a
13    licensed health care professional or other authorized
14    licensed personnel who is present and performing routine
15    airway suctioning. These activities do not include care of
16    a patient's artificial airway or the adjustment of
17    mechanical ventilator settings while a patient is
18    connected to the ventilator.
19"Basic respiratory care activities" does not mean activities
20that involve any of the following:
21        (1) Specialized knowledge that results from a course of
22    education or training in respiratory care.
23        (2) An unreasonable risk of a negative outcome for the
24    patient.
25        (3) The assessment or making of a decision concerning
26    patient care.

 

 

HB0421 Enrolled- 82 -LRB099 05828 HAF 25872 b

1        (4) The administration of aerosol medication or
2    oxygen.
3        (5) The insertion and maintenance of an artificial
4    airway.
5        (6) Mechanical ventilatory support.
6        (7) Patient assessment.
7        (8) Patient education.
8    "Department" means the Department of Professional
9Regulation.
10    "Director" means the Director of Professional Regulation.
11    "Licensed" means that which is required to hold oneself out
12as a respiratory care practitioner as defined in this Act.
13    "Licensed health care professional" means a physician
14licensed to practice medicine in all its branches, a licensed
15an advanced practice nurse who has a written collaborative
16agreement with a collaborating physician that authorizes the
17advanced practice nurse to transmit orders to a respiratory
18care practitioner, or a licensed physician assistant who has
19been delegated the authority to transmit orders to a
20respiratory care practitioner by his or her supervising
21physician.
22    "Order" means a written, oral, or telecommunicated
23authorization for respiratory care services for a patient by
24(i) a licensed health care professional who maintains medical
25supervision of the patient and makes a diagnosis or verifies
26that the patient's condition is such that it may be treated by

 

 

HB0421 Enrolled- 83 -LRB099 05828 HAF 25872 b

1a respiratory care practitioner or (ii) a certified registered
2nurse anesthetist in a licensed hospital or ambulatory surgical
3treatment center.
4    "Other authorized licensed personnel" means a licensed
5respiratory care practitioner, a licensed registered nurse, or
6a licensed practical nurse whose scope of practice authorizes
7the professional to supervise an individual who is not
8licensed, certified, or registered as a health professional.
9    "Proximate supervision" means a situation in which an
10individual is responsible for directing the actions of another
11individual in the facility and is physically close enough to be
12readily available, if needed, by the supervised individual.
13    "Respiratory care" and "cardiorespiratory care" mean
14preventative services, evaluation and assessment services,
15therapeutic services, and rehabilitative services under the
16order of a licensed health care professional or a certified
17registered nurse anesthetist in a licensed hospital for an
18individual with a disorder, disease, or abnormality of the
19cardiopulmonary system. These terms include, but are not
20limited to, measuring, observing, assessing, and monitoring
21signs and symptoms, reactions, general behavior, and general
22physical response of individuals to respiratory care services,
23including the determination of whether those signs, symptoms,
24reactions, behaviors, or general physical responses exhibit
25abnormal characteristics; the administration of
26pharmacological and therapeutic agents related to respiratory

 

 

HB0421 Enrolled- 84 -LRB099 05828 HAF 25872 b

1care services; the collection of blood specimens and other
2bodily fluids and tissues for, and the performance of,
3cardiopulmonary diagnostic testing procedures, including, but
4not limited to, blood gas analysis; development,
5implementation, and modification of respiratory care treatment
6plans based on assessed abnormalities of the cardiopulmonary
7system, respiratory care guidelines, referrals, and orders of a
8licensed health care professional; application, operation, and
9management of mechanical ventilatory support and other means of
10life support; and the initiation of emergency procedures under
11the rules promulgated by the Department. A respiratory care
12practitioner shall refer to a physician licensed to practice
13medicine in all its branches any patient whose condition, at
14the time of evaluation or treatment, is determined to be beyond
15the scope of practice of the respiratory care practitioner.
16    "Respiratory care education program" means a course of
17academic study leading to eligibility for registry or
18certification in respiratory care. The training is to be
19approved by an accrediting agency recognized by the Board and
20shall include an evaluation of competence through a
21standardized testing mechanism that is determined by the Board
22to be both valid and reliable.
23    "Respiratory care practitioner" means a person who is
24licensed by the Department of Professional Regulation and meets
25all of the following criteria:
26        (1) The person is engaged in the practice of

 

 

HB0421 Enrolled- 85 -LRB099 05828 HAF 25872 b

1    cardiorespiratory care and has the knowledge and skill
2    necessary to administer respiratory care.
3        (2) The person is capable of serving as a resource to
4    the licensed health care professional in relation to the
5    technical aspects of cardiorespiratory care and the safe
6    and effective methods for administering cardiorespiratory
7    care modalities.
8        (3) The person is able to function in situations of
9    unsupervised patient contact requiring great individual
10    judgment.
11(Source: P.A. 94-523, eff. 1-1-06; 95-639, eff. 10-5-07.)
 
12    Section 60. The Genetic Counselor Licensing Act is amended
13by changing Sections 10, 20, and 95 as follows:
 
14    (225 ILCS 135/10)
15    (Section scheduled to be repealed on January 1, 2025)
16    Sec. 10. Definitions. As used in this Act:
17    "ABGC" means the American Board of Genetic Counseling.
18    "ABMG" means the American Board of Medical Genetics.
19    "Active candidate status" is awarded to applicants who have
20received approval from the ABGC or ABMG to sit for their
21respective certification examinations.
22    "Address of record" means the designated address recorded
23by the Department in the applicant's or licensee's application
24file or license file as maintained by the Department's

 

 

HB0421 Enrolled- 86 -LRB099 05828 HAF 25872 b

1licensure maintenance unit. It is the duty of the applicant or
2licensee to inform the Department of any change of address, and
3those changes must be made either through the Department's
4website or by contacting the Department.
5    "Department" means the Department of Financial and
6Professional Regulation.
7    "Genetic anomaly" means a variation in an individual's DNA
8that has been shown to confer a genetically influenced disease
9or predisposition to a genetically influenced disease or makes
10a person a carrier of such variation. A "carrier" of a genetic
11anomaly means a person who may or may not have a predisposition
12or risk of incurring a genetically influenced condition and who
13is at risk of having offspring with a genetically influenced
14condition.
15    "Genetic counseling" means the provision of services,
16which may include the ordering of genetic tests, pursuant to a
17referral, to individuals, couples, groups, families, and
18organizations by one or more appropriately trained individuals
19to address the physical and psychological issues associated
20with the occurrence or risk of occurrence or recurrence of a
21genetic disorder, birth defect, disease, or potentially
22inherited or genetically influenced condition in an individual
23or a family. "Genetic counseling" consists of the following:
24        (A) Estimating the likelihood of occurrence or
25    recurrence of a birth defect or of any potentially
26    inherited or genetically influenced condition. This

 

 

HB0421 Enrolled- 87 -LRB099 05828 HAF 25872 b

1    assessment may involve:
2            (i) obtaining and analyzing a complete health
3        history of the person and his or her family;
4            (ii) reviewing pertinent medical records;
5            (iii) evaluating the risks from exposure to
6        possible mutagens or teratogens;
7            (iv) recommending genetic testing or other
8        evaluations to diagnose a condition or determine the
9        carrier status of one or more family members;
10        (B) Helping the individual, family, health care
11    provider, or health care professional (i) appreciate the
12    medical, psychological and social implications of a
13    disorder, including its features, variability, usual
14    course and management options, (ii) learn how genetic
15    factors contribute to the disorder and affect the chance
16    for recurrence of the condition in other family members,
17    and (iii) understand available options for coping with,
18    preventing, or reducing the chance of occurrence or
19    recurrence of a condition.
20        (C) Facilitating an individual's or family's (i)
21    exploration of the perception of risk and burden associated
22    with the disorder and (ii) adjustment and adaptation to the
23    condition or their genetic risk by addressing needs for
24    psychological, social, and medical support.
25    "Genetic counselor" means a person licensed under this Act
26to engage in the practice of genetic counseling.

 

 

HB0421 Enrolled- 88 -LRB099 05828 HAF 25872 b

1    "Genetic testing" and "genetic test" mean a test or
2analysis of human genes, gene products, DNA, RNA, chromosomes,
3proteins, or metabolites that detects genotypes, mutations,
4chromosomal changes, abnormalities, or deficiencies, including
5carrier status, that (i) are linked to physical or mental
6disorders or impairments, (ii) indicate a susceptibility to
7illness, disease, impairment, or other disorders, whether
8physical or mental, or (iii) demonstrate genetic or chromosomal
9damage due to environmental factors. "Genetic testing" and
10"genetic tests" do not include routine physical measurements;
11chemical, blood and urine analyses that are widely accepted and
12in use in clinical practice; tests for use of drugs; tests for
13the presence of the human immunodeficiency virus; analyses of
14proteins or metabolites that do not detect genotypes,
15mutations, chromosomal changes, abnormalities, or
16deficiencies; or analyses of proteins or metabolites that are
17directly related to a manifested disease, disorder, or
18pathological condition that could reasonably be detected by a
19health care professional with appropriate training and
20expertise in the field of medicine involved.
21    "Person" means an individual, association, partnership, or
22corporation.
23    "Qualified supervisor" means any person who is a licensed
24genetic counselor, as defined by rule, or a physician licensed
25to practice medicine in all its branches. A qualified
26supervisor may be provided at the applicant's place of work, or

 

 

HB0421 Enrolled- 89 -LRB099 05828 HAF 25872 b

1may be contracted by the applicant to provide supervision. The
2qualified supervisor shall file written documentation with the
3Department of employment, discharge, or supervisory control of
4a genetic counselor at the time of employment, discharge, or
5assumption of supervision of a genetic counselor.
6    "Referral" means a written or telecommunicated
7authorization for genetic counseling services from a physician
8licensed to practice medicine in all its branches, a licensed
9an advanced practice nurse who has a collaborative agreement
10with a collaborating physician that authorizes referrals to a
11genetic counselor, or a licensed physician assistant who has a
12supervision agreement with a supervising physician that
13authorizes referrals to a genetic counselor.
14    "Secretary" means the Secretary of Financial and
15Professional Regulation.
16    "Supervision" means review of aspects of genetic
17counseling and case management in a bimonthly meeting with the
18person under supervision.
19(Source: P.A. 98-813, eff. 1-1-15.)
 
20    (225 ILCS 135/20)
21    (Section scheduled to be repealed on January 1, 2025)
22    Sec. 20. Restrictions and limitations.
23    (a) Except as provided in Section 15, no person shall,
24without a valid license as a genetic counselor issued by the
25Department (i) in any manner hold himself or herself out to the

 

 

HB0421 Enrolled- 90 -LRB099 05828 HAF 25872 b

1public as a genetic counselor under this Act; (ii) use in
2connection with his or her name or place of business the title
3"genetic counselor", "licensed genetic counselor", "gene
4counselor", "genetic consultant", or "genetic associate" or
5any words, letters, abbreviations, or insignia indicating or
6implying a person has met the qualifications for or has the
7license issued under this Act; or (iii) offer to render or
8render to individuals, corporations, or the public genetic
9counseling services if the words "genetic counselor" or
10"licensed genetic counselor" are used to describe the person
11offering to render or rendering them, or "genetic counseling"
12is used to describe the services rendered or offered to be
13rendered.
14    (b) No licensed genetic counselor may provide genetic
15counseling to individuals, couples, groups, or families
16without a referral from a physician licensed to practice
17medicine in all its branches, a licensed an advanced practice
18nurse who has a collaborative agreement with a collaborating
19physician that authorizes referrals to a genetic counselor, or
20a licensed physician assistant who has been delegated authority
21to make referrals to genetic counselors. The physician,
22advanced practice nurse, or physician assistant shall maintain
23supervision of the patient and be provided timely written
24reports on the services, including genetic testing results,
25provided by the licensed genetic counselor. Genetic testing
26shall be ordered by a physician licensed to practice medicine

 

 

HB0421 Enrolled- 91 -LRB099 05828 HAF 25872 b

1in all its branches or a genetic counselor pursuant to a
2referral that gives the specific authority to order genetic
3tests. Genetic test results and reports shall be provided to
4the referring physician, advanced practice nurse, or physician
5assistant. General seminars or talks to groups or organizations
6on genetic counseling that do not include individual, couple,
7or family specific counseling may be conducted without a
8referral. In clinical settings, genetic counselors who serve as
9a liaison between family members of a patient and a genetic
10research project, may, with the consent of the patient, provide
11information to family members for the purpose of gathering
12additional information, as it relates to the patient, without a
13referral. In non-clinical settings where no patient is being
14treated, genetic counselors who serve as a liaison between a
15genetic research project and participants in that genetic
16research project may provide information to the participants,
17without a referral.
18    (c) No association or partnership shall practice genetic
19counseling unless every member, partner, and employee of the
20association or partnership who practices genetic counseling or
21who renders genetic counseling services holds a valid license
22issued under this Act. No license shall be issued to a
23corporation, the stated purpose of which includes or which
24practices or which holds itself out as available to practice
25genetic counseling, unless it is organized under the
26Professional Service Corporation Act.

 

 

HB0421 Enrolled- 92 -LRB099 05828 HAF 25872 b

1    (d) Nothing in this Act shall be construed as permitting
2persons licensed as genetic counselors to engage in any manner
3in the practice of medicine in all its branches as defined by
4law in this State.
5    (e) Nothing in this Act shall be construed to authorize a
6licensed genetic counselor to diagnose, test (unless
7authorized in a referral), or treat any genetic or other
8disease or condition.
9    (f) When, in the course of providing genetic counseling
10services to any person, a genetic counselor licensed under this
11Act finds any indication of a disease or condition that in his
12or her professional judgment requires professional service
13outside the scope of practice as defined in this Act, he or she
14shall refer that person to a physician licensed to practice
15medicine in all of its branches.
16(Source: P.A. 98-813, eff. 1-1-15.)
 
17    (225 ILCS 135/95)
18    (Section scheduled to be repealed on January 1, 2025)
19    Sec. 95. Grounds for discipline.
20    (a) The Department may refuse to issue, renew, or may
21revoke, suspend, place on probation, reprimand, or take other
22disciplinary or non-disciplinary action as the Department
23deems appropriate, including the issuance of fines not to
24exceed $10,000 for each violation, with regard to any license
25for any one or more of the following:

 

 

HB0421 Enrolled- 93 -LRB099 05828 HAF 25872 b

1        (1) Material misstatement in furnishing information to
2    the Department or to any other State agency.
3        (2) Violations or negligent or intentional disregard
4    of this Act, or any of its rules.
5        (3) Conviction by plea of guilty or nolo contendere,
6    finding of guilt, jury verdict, or entry of judgment or
7    sentencing, including, but not limited to, convictions,
8    preceding sentences of supervision, conditional discharge,
9    or first offender probation, under the laws of any
10    jurisdiction of the United States: (i) that is a felony or
11    (ii) that is a misdemeanor, an essential element of which
12    is dishonesty, or that is directly related to the practice
13    of genetic counseling.
14        (4) Making any misrepresentation for the purpose of
15    obtaining a license, or violating any provision of this Act
16    or its rules.
17        (5) Negligence in the rendering of genetic counseling
18    services.
19        (6) Failure to provide genetic testing results and any
20    requested information to a referring physician licensed to
21    practice medicine in all its branches, advanced practice
22    nurse, or physician assistant.
23        (7) Aiding or assisting another person in violating any
24    provision of this Act or any rules.
25        (8) Failing to provide information within 60 days in
26    response to a written request made by the Department.

 

 

HB0421 Enrolled- 94 -LRB099 05828 HAF 25872 b

1        (9) Engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud, or harm the public and violating the rules of
4    professional conduct adopted by the Department.
5        (10) Failing to maintain the confidentiality of any
6    information received from a client, unless otherwise
7    authorized or required by law.
8        (10.5) Failure to maintain client records of services
9    provided and provide copies to clients upon request.
10        (11) Exploiting a client for personal advantage,
11    profit, or interest.
12        (12) Habitual or excessive use or addiction to alcohol,
13    narcotics, stimulants, or any other chemical agent or drug
14    which results in inability to practice with reasonable
15    skill, judgment, or safety.
16        (13) Discipline by another governmental agency or unit
17    of government, by any jurisdiction of the United States, or
18    by a foreign nation, if at least one of the grounds for the
19    discipline is the same or substantially equivalent to those
20    set forth in this Section.
21        (14) Directly or indirectly giving to or receiving from
22    any person, firm, corporation, partnership, or association
23    any fee, commission, rebate, or other form of compensation
24    for any professional service not actually rendered.
25    Nothing in this paragraph (14) affects any bona fide
26    independent contractor or employment arrangements among

 

 

HB0421 Enrolled- 95 -LRB099 05828 HAF 25872 b

1    health care professionals, health facilities, health care
2    providers, or other entities, except as otherwise
3    prohibited by law. Any employment arrangements may include
4    provisions for compensation, health insurance, pension, or
5    other employment benefits for the provision of services
6    within the scope of the licensee's practice under this Act.
7    Nothing in this paragraph (14) shall be construed to
8    require an employment arrangement to receive professional
9    fees for services rendered.
10        (15) A finding by the Department that the licensee,
11    after having the license placed on probationary status has
12    violated the terms of probation.
13        (16) Failing to refer a client to other health care
14    professionals when the licensee is unable or unwilling to
15    adequately support or serve the client.
16        (17) Willfully filing false reports relating to a
17    licensee's practice, including but not limited to false
18    records filed with federal or State agencies or
19    departments.
20        (18) Willfully failing to report an instance of
21    suspected child abuse or neglect as required by the Abused
22    and Neglected Child Reporting Act.
23        (19) Being named as a perpetrator in an indicated
24    report by the Department of Children and Family Services
25    pursuant to the Abused and Neglected Child Reporting Act,
26    and upon proof by clear and convincing evidence that the

 

 

HB0421 Enrolled- 96 -LRB099 05828 HAF 25872 b

1    licensee has caused a child to be an abused child or
2    neglected child as defined in the Abused and Neglected
3    Child Reporting Act.
4        (20) Physical or mental disability, including
5    deterioration through the aging process or loss of
6    abilities and skills which results in the inability to
7    practice the profession with reasonable judgment, skill,
8    or safety.
9        (21) Solicitation of professional services by using
10    false or misleading advertising.
11        (22) Failure to file a return, or to pay the tax,
12    penalty of interest shown in a filed return, or to pay any
13    final assessment of tax, penalty or interest, as required
14    by any tax Act administered by the Illinois Department of
15    Revenue or any successor agency or the Internal Revenue
16    Service or any successor agency.
17        (23) Fraud or making any misrepresentation in applying
18    for or procuring a license under this Act or in connection
19    with applying for renewal of a license under this Act.
20        (24) Practicing or attempting to practice under a name
21    other than the full name as shown on the license or any
22    other legally authorized name.
23        (25) Gross overcharging for professional services,
24    including filing statements for collection of fees or
25    monies for which services are not rendered.
26        (26) Providing genetic counseling services to

 

 

HB0421 Enrolled- 97 -LRB099 05828 HAF 25872 b

1    individuals, couples, groups, or families without a
2    referral from either a physician licensed to practice
3    medicine in all its branches, a licensed an advanced
4    practice nurse who has a collaborative agreement with a
5    collaborating physician that authorizes the advanced
6    practice nurse to make referrals to a genetic counselor, or
7    a licensed physician assistant who has been delegated
8    authority to make referrals to genetic counselors.
9        (27) Charging for professional services not rendered,
10    including filing false statements for the collection of
11    fees for which services are not rendered.
12        (28) Allowing one's license under this Act to be used
13    by an unlicensed person in violation of this Act.
14    (b) The Department shall deny, without hearing, any
15application or renewal for a license under this Act to any
16person who has defaulted on an educational loan guaranteed by
17the Illinois State Assistance Commission; however, the
18Department may issue a license or renewal if the person in
19default has established a satisfactory repayment record as
20determined by the Illinois Student Assistance Commission.
21    (c) The determination by a court that a licensee is subject
22to involuntary admission or judicial admission as provided in
23the Mental Health and Developmental Disabilities Code will
24result in an automatic suspension of his or her license. The
25suspension will end upon a finding by a court that the licensee
26is no longer subject to involuntary admission or judicial

 

 

HB0421 Enrolled- 98 -LRB099 05828 HAF 25872 b

1admission, the issuance of an order so finding and discharging
2the patient, and the determination of the Secretary that the
3licensee be allowed to resume professional practice.
4    (d) The Department may refuse to issue or renew or may
5suspend without hearing the license of any person who fails to
6file a return, to pay the tax penalty or interest shown in a
7filed return, or to pay any final assessment of the tax,
8penalty, or interest as required by any Act regarding the
9payment of taxes administered by the Illinois Department of
10Revenue until the requirements of the Act are satisfied in
11accordance with subsection (g) of Section 2105-15 of the Civil
12Administrative Code of Illinois.
13    (e) In cases where the Department of Healthcare and Family
14Services has previously determined that a licensee or a
15potential licensee is more than 30 days delinquent in the
16payment of child support and has subsequently certified the
17delinquency to the Department, the Department may refuse to
18issue or renew or may revoke or suspend that person's license
19or may take other disciplinary action against that person based
20solely upon the certification of delinquency made by the
21Department of Healthcare and Family Services in accordance with
22item (5) of subsection (a) of Section 2105-15 of the Department
23of Professional Regulation Law of the Civil Administrative Code
24of Illinois.
25    (f) All fines or costs imposed under this Section shall be
26paid within 60 days after the effective date of the order

 

 

HB0421 Enrolled- 99 -LRB099 05828 HAF 25872 b

1imposing the fine or costs or in accordance with the terms set
2forth in the order imposing the fine.
3(Source: P.A. 97-813, eff. 7-13-12; 98-813, eff. 1-1-15.)
 
4    Section 63. The Illinois Public Aid Code is amended by
5changing Section 5-8 as follows:
 
6    (305 ILCS 5/5-8)  (from Ch. 23, par. 5-8)
7    Sec. 5-8. Practitioners. In supplying medical assistance,
8the Illinois Department may provide for the legally authorized
9services of (i) persons licensed under the Medical Practice Act
10of 1987, as amended, except as hereafter in this Section
11stated, whether under a general or limited license, (ii)
12persons licensed under the Nurse Practice Act as advanced
13practice nurses, regardless of whether or not the persons have
14written collaborative agreements, (iii) persons licensed or
15registered under other laws of this State to provide dental,
16medical, pharmaceutical, optometric, podiatric, or nursing
17services, or other remedial care recognized under State law,
18and (iv) (iii) persons licensed under other laws of this State
19as a clinical social worker. The Department may not provide for
20legally authorized services of any physician who has been
21convicted of having performed an abortion procedure in a wilful
22and wanton manner on a woman who was not pregnant at the time
23such abortion procedure was performed. The utilization of the
24services of persons engaged in the treatment or care of the

 

 

HB0421 Enrolled- 100 -LRB099 05828 HAF 25872 b

1sick, which persons are not required to be licensed or
2registered under the laws of this State, is not prohibited by
3this Section.
4(Source: P.A. 95-518, eff. 8-28-07.)
 
5    Section 65. The Perinatal Mental Health Disorders
6Prevention and Treatment Act is amended by changing Section 10
7as follows:
 
8    (405 ILCS 95/10)
9    Sec. 10. Definitions. In this Act:
10    "Hospital" has the meaning given to that term in the
11Hospital Licensing Act.
12    "Licensed health care professional" means a physician
13licensed to practice medicine in all its branches, a licensed
14an advanced practice nurse who has a collaborative agreement
15with a collaborating physician that authorizes care, or a
16licensed physician physician's assistant who has been
17delegated authority to provide care.
18    "Postnatal care" means an office visit to a licensed health
19care professional occurring after birth, with reference to the
20infant or mother.
21    "Prenatal care" means an office visit to a licensed health
22care professional for pregnancy-related care occurring before
23birth.
24    "Questionnaire" means an assessment tool administered by a

 

 

HB0421 Enrolled- 101 -LRB099 05828 HAF 25872 b

1licensed health care professional to detect perinatal mental
2health disorders, such as the Edinburgh Postnatal Depression
3Scale, the Postpartum Depression Screening Scale, the Beck
4Depression Inventory, the Patient Health Questionnaire, or
5other validated assessment methods.
6(Source: P.A. 95-469, eff. 1-1-08.)
 
7    Section 70. The Lead Poisoning Prevention Act is amended by
8changing Section 6.2 as follows:
 
9    (410 ILCS 45/6.2)  (from Ch. 111 1/2, par. 1306.2)
10    Sec. 6.2. Testing children and pregnant persons.
11    (a) Any physician licensed to practice medicine in all its
12branches or health care provider who sees or treats children 6
13years of age or younger shall test those children for lead
14poisoning when those children reside in an area defined as high
15risk by the Department. Children residing in areas defined as
16low risk by the Department shall be evaluated for risk by the
17Childhood Lead Risk Questionnaire developed by the Department
18and tested if indicated. Children shall be evaluated in
19accordance with rules adopted by the Department.
20    (b) Each licensed, registered, or approved health care
21facility serving children 6 years of age or younger, including,
22but not limited to, health departments, hospitals, clinics, and
23health maintenance organizations approved, registered, or
24licensed by the Department, shall take the appropriate steps to

 

 

HB0421 Enrolled- 102 -LRB099 05828 HAF 25872 b

1ensure that children 6 years of age or younger be evaluated for
2risk or tested for lead poisoning or both.
3    (c) Children 7 years and older and pregnant persons may
4also be tested by physicians or health care providers, in
5accordance with rules adopted by the Department. Physicians and
6health care providers shall also evaluate children for lead
7poisoning in conjunction with the school health examination, as
8required under the School Code, when, in the medical judgment
9judgement of the physician, advanced practice nurse who has a
10written collaborative agreement with a collaborating physician
11that authorizes the advance practice nurse to perform health
12examinations, or physician assistant who has been delegated to
13perform health examinations by the supervising physician, the
14child is potentially at high risk of lead poisoning.
15    (d) (Blank).
16(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
 
17    Section 75. The Sexual Assault Survivors Emergency
18Treatment Act is amended by changing Sections 2.2, 5, and 5.5
19as follows:
 
20    (410 ILCS 70/2.2)
21    Sec. 2.2. Emergency contraception.
22    (a) The General Assembly finds:
23        (1) Crimes of sexual assault and sexual abuse cause
24    significant physical, emotional, and psychological trauma

 

 

HB0421 Enrolled- 103 -LRB099 05828 HAF 25872 b

1    to the victims. This trauma is compounded by a victim's
2    fear of becoming pregnant and bearing a child as a result
3    of the sexual assault.
4        (2) Each year over 32,000 women become pregnant in the
5    United States as the result of rape and approximately 50%
6    of these pregnancies end in abortion.
7        (3) As approved for use by the Federal Food and Drug
8    Administration (FDA), emergency contraception can
9    significantly reduce the risk of pregnancy if taken within
10    72 hours after the sexual assault.
11        (4) By providing emergency contraception to rape
12    victims in a timely manner, the trauma of rape can be
13    significantly reduced.
14    (b) Within 120 days after the effective date of this
15amendatory Act of the 92nd General Assembly, every hospital
16providing services to sexual assault survivors in accordance
17with a plan approved under Section 2 must develop a protocol
18that ensures that each survivor of sexual assault will receive
19medically and factually accurate and written and oral
20information about emergency contraception; the indications and
21counter-indications and risks associated with the use of
22emergency contraception; and a description of how and when
23victims may be provided emergency contraception upon the
24written order of a physician licensed to practice medicine in
25all its branches, a licensed an advanced practice nurse who has
26a written collaborative agreement with a collaborating

 

 

HB0421 Enrolled- 104 -LRB099 05828 HAF 25872 b

1physician that authorizes prescription of emergency
2contraception, or a licensed physician assistant who has been
3delegated authority to prescribe emergency contraception. The
4Department shall approve the protocol if it finds that the
5implementation of the protocol would provide sufficient
6protection for survivors of sexual assault.
7    The hospital shall implement the protocol upon approval by
8the Department. The Department shall adopt rules and
9regulations establishing one or more safe harbor protocols and
10setting minimum acceptable protocol standards that hospitals
11may develop and implement. The Department shall approve any
12protocol that meets those standards. The Department may provide
13a sample acceptable protocol upon request.
14(Source: P.A. 95-432, eff. 1-1-08.)
 
15    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
16    Sec. 5. Minimum requirements for hospitals providing
17hospital emergency services and forensic services to sexual
18assault survivors.
19    (a) Every hospital providing hospital emergency services
20and forensic services to sexual assault survivors under this
21Act shall, as minimum requirements for such services, provide,
22with the consent of the sexual assault survivor, and as ordered
23by the attending physician, an advanced practice nurse who has
24a written collaborative agreement with a collaborating
25physician that authorizes provision of emergency services, or a

 

 

HB0421 Enrolled- 105 -LRB099 05828 HAF 25872 b

1physician assistant who has been delegated authority to provide
2hospital emergency services and forensic services, the
3following:
4        (1) appropriate medical examinations and laboratory
5    tests required to ensure the health, safety, and welfare of
6    a sexual assault survivor or which may be used as evidence
7    in a criminal proceeding against a person accused of the
8    sexual assault, or both; and records of the results of such
9    examinations and tests shall be maintained by the hospital
10    and made available to law enforcement officials upon the
11    request of the sexual assault survivor;
12        (2) appropriate oral and written information
13    concerning the possibility of infection, sexually
14    transmitted disease and pregnancy resulting from sexual
15    assault;
16        (3) appropriate oral and written information
17    concerning accepted medical procedures, medication, and
18    possible contraindications of such medication available
19    for the prevention or treatment of infection or disease
20    resulting from sexual assault;
21        (4) an amount of medication for treatment at the
22    hospital and after discharge as is deemed appropriate by
23    the attending physician, an advanced practice nurse, or a
24    physician assistant and consistent with the hospital's
25    current approved protocol for sexual assault survivors;
26        (5) an evaluation of the sexual assault survivor's risk

 

 

HB0421 Enrolled- 106 -LRB099 05828 HAF 25872 b

1    of contracting human immunodeficiency virus (HIV) from the
2    sexual assault;
3        (6) written and oral instructions indicating the need
4    for follow-up examinations and laboratory tests after the
5    sexual assault to determine the presence or absence of
6    sexually transmitted disease;
7        (7) referral by hospital personnel for appropriate
8    counseling; and
9        (8) when HIV prophylaxis is deemed appropriate, an
10    initial dose or doses of HIV prophylaxis, along with
11    written and oral instructions indicating the importance of
12    timely follow-up healthcare.
13    (b) Any person who is a sexual assault survivor who seeks
14emergency hospital services and forensic services or follow-up
15healthcare under this Act shall be provided such services
16without the consent of any parent, guardian, custodian,
17surrogate, or agent.
18    (c) Nothing in this Section creates a physician-patient
19relationship that extends beyond discharge from the hospital
20emergency department.
21(Source: P.A. 95-432, eff. 1-1-08; 96-318, eff. 1-1-10.)
 
22    (410 ILCS 70/5.5)
23    Sec. 5.5. Minimum reimbursement requirements for follow-up
24healthcare.
25    (a) Every hospital, health care professional, laboratory,

 

 

HB0421 Enrolled- 107 -LRB099 05828 HAF 25872 b

1or pharmacy that provides follow-up healthcare to a sexual
2assault survivor, with the consent of the sexual assault
3survivor and as ordered by the attending physician, an advanced
4practice nurse who has a written collaborative agreement with a
5collaborating physician, or physician assistant who has been
6delegated authority by a supervising physician shall be
7reimbursed for the follow-up healthcare services provided.
8Follow-up healthcare services include, but are not limited to,
9the following:
10        (1) a physical examination;
11        (2) laboratory tests to determine the presence or
12    absence of sexually transmitted disease; and
13        (3) appropriate medications, including HIV
14    prophylaxis.
15    (b) Reimbursable follow-up healthcare is limited to office
16visits with a physician, advanced practice nurse, or physician
17assistant within 90 days after an initial visit for hospital
18emergency services.
19    (c) Nothing in this Section requires a hospital, health
20care professional, laboratory, or pharmacy to provide
21follow-up healthcare to a sexual assault survivor.
22(Source: P.A. 95-432, eff. 1-1-08.)
 
23    Section 80. The Consent by Minors to Medical Procedures Act
24is amended by changing Sections 1, 1.5, 2, and 3 as follows:
 

 

 

HB0421 Enrolled- 108 -LRB099 05828 HAF 25872 b

1    (410 ILCS 210/1)  (from Ch. 111, par. 4501)
2    Sec. 1. Consent by minor. The consent to the performance of
3a medical or surgical procedure by a physician licensed to
4practice medicine and surgery, a licensed an advanced practice
5nurse who has a written collaborative agreement with a
6collaborating physician that authorizes provision of services
7for minors, or a licensed physician assistant who has been
8delegated authority to provide services for minors executed by
9a married person who is a minor, by a parent who is a minor, by
10a pregnant woman who is a minor, or by any person 18 years of
11age or older, is not voidable because of such minority, and,
12for such purpose, a married person who is a minor, a parent who
13is a minor, a pregnant woman who is a minor, or any person 18
14years of age or older, is deemed to have the same legal
15capacity to act and has the same powers and obligations as has
16a person of legal age.
17(Source: P.A. 93-962, eff. 8-20-04.)
 
18    (410 ILCS 210/1.5)
19    Sec. 1.5. Consent by minor seeking care for primary care
20services.
21    (a) The consent to the performance of primary care services
22by a physician licensed to practice medicine in all its
23branches, a licensed an advanced practice nurse who has a
24written collaborative agreement with a collaborating physician
25that authorizes provision of services for minors, or a licensed

 

 

HB0421 Enrolled- 109 -LRB099 05828 HAF 25872 b

1physician assistant who has been delegated authority to provide
2services for minors executed by a minor seeking care is not
3voidable because of such minority, and for such purpose, a
4minor seeking care is deemed to have the same legal capacity to
5act and has the same powers and obligations as has a person of
6legal age under the following circumstances:
7        (1) the health care professional reasonably believes
8    that the minor seeking care understands the benefits and
9    risks of any proposed primary care or services; and
10        (2) the minor seeking care is identified in writing as
11    a minor seeking care by:
12            (A) an adult relative;
13            (B) a representative of a homeless service agency
14        that receives federal, State, county, or municipal
15        funding to provide those services or that is otherwise
16        sanctioned by a local continuum of care;
17            (C) an attorney licensed to practice law in this
18        State;
19            (D) a public school homeless liaison or school
20        social worker;
21            (E) a social service agency providing services to
22        at risk, homeless, or runaway youth; or
23            (F) a representative of a religious organization.
24    (b) A health care professional rendering primary care
25services under this Section shall not incur civil or criminal
26liability for failure to obtain valid consent or professional

 

 

HB0421 Enrolled- 110 -LRB099 05828 HAF 25872 b

1discipline for failure to obtain valid consent if he or she
2relied in good faith on the representations made by the minor
3or the information provided under paragraph (2) of subsection
4(a) of this Section. Under such circumstances, good faith shall
5be presumed.
6    (c) The confidential nature of any communication between a
7health care professional described in Section 1 of this Act and
8a minor seeking care is not waived (1) by the presence, at the
9time of communication, of any additional persons present at the
10request of the minor seeking care, (2) by the health care
11professional's disclosure of confidential information to the
12additional person with the consent of the minor seeking care,
13when reasonably necessary to accomplish the purpose for which
14the additional person is consulted, or (3) by the health care
15professional billing a health benefit insurance or plan under
16which the minor seeking care is insured, is enrolled, or has
17coverage for the services provided.
18    (d) Nothing in this Section shall be construed to limit or
19expand a minor's existing powers and obligations under any
20federal, State, or local law. Nothing in this Section shall be
21construed to affect the Parental Notice of Abortion Act of
221995. Nothing in this Section affects the right or authority of
23a parent or legal guardian to verbally, in writing, or
24otherwise authorize health care services to be provided for a
25minor in their absence.
26    (e) For the purposes of this Section:

 

 

HB0421 Enrolled- 111 -LRB099 05828 HAF 25872 b

1        "Minor seeking care" means a person at least 14 years
2    of age but less than 18 years of age who is living separate
3    and apart from his or her parents or legal guardian,
4    whether with or without the consent of a parent or legal
5    guardian who is unable or unwilling to return to the
6    residence of a parent, and managing his or her own personal
7    affairs. "Minor seeking care" does not include minors who
8    are under the protective custody, temporary custody, or
9    guardianship of the Department of Children and Family
10    Services.
11        "Primary care services" means health care services
12    that include screening, counseling, immunizations,
13    medication, and treatment of illness and conditions
14    customarily provided by licensed health care professionals
15    in an out-patient setting. "Primary care services" does not
16    include invasive care, beyond standard injections,
17    laceration care, or non-surgical fracture care.
18(Source: P.A. 98-671, eff. 10-1-14.)
 
19    (410 ILCS 210/2)  (from Ch. 111, par. 4502)
20    Sec. 2. Any parent, including a parent who is a minor, may
21consent to the performance upon his or her child of a medical
22or surgical procedure by a physician licensed to practice
23medicine and surgery, a licensed an advanced practice nurse who
24has a written collaborative agreement with a collaborating
25physician that authorizes provision of services for minors, or

 

 

HB0421 Enrolled- 112 -LRB099 05828 HAF 25872 b

1a licensed physician assistant who has been delegated authority
2to provide services for minors or a dental procedure by a
3licensed dentist. The consent of a parent who is a minor shall
4not be voidable because of such minority, but, for such
5purpose, a parent who is a minor shall be deemed to have the
6same legal capacity to act and shall have the same powers and
7obligations as has a person of legal age.
8(Source: P.A. 93-962, eff. 8-20-04.)
 
9    (410 ILCS 210/3)  (from Ch. 111, par. 4503)
10    Sec. 3. (a) Where a hospital, a physician licensed to
11practice medicine or surgery, a licensed an advanced practice
12nurse who has a written collaborative agreement with a
13collaborating physician that authorizes provision of services
14for minors, or a licensed physician assistant who has been
15delegated authority to provide services for minors renders
16emergency treatment or first aid or a licensed dentist renders
17emergency dental treatment to a minor, consent of the minor's
18parent or legal guardian need not be obtained if, in the sole
19opinion of the physician, advanced practice nurse, physician
20assistant, dentist, or hospital, the obtaining of consent is
21not reasonably feasible under the circumstances without
22adversely affecting the condition of such minor's health.
23    (b) Where a minor is the victim of a predatory criminal
24sexual assault of a child, aggravated criminal sexual assault,
25criminal sexual assault, aggravated criminal sexual abuse or

 

 

HB0421 Enrolled- 113 -LRB099 05828 HAF 25872 b

1criminal sexual abuse, as provided in Sections 11-1.20 through
211-1.60 of the Criminal Code of 2012, the consent of the
3minor's parent or legal guardian need not be obtained to
4authorize a hospital, physician, advanced practice nurse,
5physician assistant, or other medical personnel to furnish
6medical care or counseling related to the diagnosis or
7treatment of any disease or injury arising from such offense.
8The minor may consent to such counseling, diagnosis or
9treatment as if the minor had reached his or her age of
10majority. Such consent shall not be voidable, nor subject to
11later disaffirmance, because of minority.
12(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
13    Section 85. The Prenatal and Newborn Care Act is amended by
14changing Section 2 as follows:
 
15    (410 ILCS 225/2)  (from Ch. 111 1/2, par. 7022)
16    Sec. 2. Definitions. As used in this Act, unless the
17context otherwise requires:
18    "Advanced practice nurse" or "APN" means an advanced
19practice nurse licensed under the Nurse Practice Act who has a
20written collaborative agreement with a collaborating physician
21that authorizes the provision of prenatal and newborn care.
22    "Department" means the Illinois Department of Human
23Services.
24    "Early and Periodic Screening, Diagnosis and Treatment

 

 

HB0421 Enrolled- 114 -LRB099 05828 HAF 25872 b

1(EPSDT)" means the provision of preventative health care under
242 C.F.R. 441.50 et seq., including medical and dental
3services, needed to assess growth and development and detect
4and treat health problems.
5    "Hospital" means a hospital as defined under the Hospital
6Licensing Act.
7    "Local health authority" means the full-time official
8health department or board of health, as recognized by the
9Illinois Department of Public Health, having jurisdiction over
10a particular area.
11    "Nurse" means a nurse licensed under the Nurse Practice
12Act.
13    "Physician" means a physician licensed to practice
14medicine in all of its branches.
15    "Physician assistant" means a physician assistant licensed
16under the Physician Assistant Practice Act of 1987 who has been
17delegated authority to provide prenatal and newborn care.
18    "Postnatal visit" means a visit occurring after birth, with
19reference to the newborn.
20    "Prenatal visit" means a visit occurring before birth.
21    "Program" means the Prenatal and Newborn Care Program
22established pursuant to this Act.
23(Source: P.A. 95-639, eff. 10-5-07.)
 
24    Section 90. The AIDS Confidentiality Act is amended by
25changing Section 3 as follows:
 

 

 

HB0421 Enrolled- 115 -LRB099 05828 HAF 25872 b

1    (410 ILCS 305/3)  (from Ch. 111 1/2, par. 7303)
2    Sec. 3. When used in this Act:
3    (a) "AIDS" means acquired immunodeficiency syndrome.
4    (b) "Authority" means the Illinois Health Information
5Exchange Authority established pursuant to the Illinois Health
6Information Exchange and Technology Act.
7    (c) "Business associate" has the meaning ascribed to it
8under HIPAA, as specified in 45 CFR 160.103.
9    (d) "Covered entity" has the meaning ascribed to it under
10HIPAA, as specified in 45 CFR 160.103.
11    (e) "De-identified information" means health information
12that is not individually identifiable as described under HIPAA,
13as specified in 45 CFR 164.514(b).
14    (f) "Department" means the Illinois Department of Public
15Health or its designated agents.
16    (g) "Disclosure" has the meaning ascribed to it under
17HIPAA, as specified in 45 CFR 160.103.
18    (h) "Health care operations" has the meaning ascribed to it
19under HIPAA, as specified in 45 CFR 164.501.
20    (i) "Health care professional" means (i) a licensed
21physician, (ii) a licensed physician assistant to whom the
22physician assistant's supervising physician has delegated the
23provision of AIDS and HIV-related health services, (iii) a
24licensed an advanced practice registered nurse who has a
25written collaborative agreement with a collaborating physician

 

 

HB0421 Enrolled- 116 -LRB099 05828 HAF 25872 b

1which authorizes the provision of AIDS and HIV-related health
2services, (iv) a licensed dentist, (v) a licensed podiatric
3physician, or (vi) an individual certified to provide HIV
4testing and counseling by a state or local public health
5department.
6    (j) "Health care provider" has the meaning ascribed to it
7under HIPAA, as specified in 45 CFR 160.103.
8    (k) "Health facility" means a hospital, nursing home, blood
9bank, blood center, sperm bank, or other health care
10institution, including any "health facility" as that term is
11defined in the Illinois Finance Authority Act.
12    (l) "Health information exchange" or "HIE" means a health
13information exchange or health information organization that
14oversees and governs the electronic exchange of health
15information that (i) is established pursuant to the Illinois
16Health Information Exchange and Technology Act, or any
17subsequent amendments thereto, and any administrative rules
18adopted thereunder; (ii) has established a data sharing
19arrangement with the Authority; or (iii) as of August 16, 2013,
20was designated by the Authority Board as a member of, or was
21represented on, the Authority Board's Regional Health
22Information Exchange Workgroup; provided that such designation
23shall not require the establishment of a data sharing
24arrangement or other participation with the Illinois Health
25Information Exchange or the payment of any fee. In certain
26circumstances, in accordance with HIPAA, an HIE will be a

 

 

HB0421 Enrolled- 117 -LRB099 05828 HAF 25872 b

1business associate.
2    (m) "Health oversight agency" has the meaning ascribed to
3it under HIPAA, as specified in 45 CFR 164.501.
4    (n) "HIPAA" means the Health Insurance Portability and
5Accountability Act of 1996, Public Law 104-191, as amended by
6the Health Information Technology for Economic and Clinical
7Health Act of 2009, Public Law 111-05, and any subsequent
8amendments thereto and any regulations promulgated thereunder.
9    (o) "HIV" means the human immunodeficiency virus.
10    (p) "HIV-related information" means the identity of a
11person upon whom an HIV test is performed, the results of an
12HIV test, as well as diagnosis, treatment, and prescription
13information that reveals a patient is HIV-positive, including
14such information contained in a limited data set. "HIV-related
15information" does not include information that has been
16de-identified in accordance with HIPAA.
17    (q) "Informed consent" means a written or verbal agreement
18by the subject of a test or the subject's legally authorized
19representative without undue inducement or any element of
20force, fraud, deceit, duress, or other form of constraint or
21coercion, which entails at least the following pre-test
22information:
23        (1) a fair explanation of the test, including its
24    purpose, potential uses, limitations, and the meaning of
25    its results;
26        (2) a fair explanation of the procedures to be

 

 

HB0421 Enrolled- 118 -LRB099 05828 HAF 25872 b

1    followed, including the voluntary nature of the test, the
2    right to withdraw consent to the testing process at any
3    time, the right to anonymity to the extent provided by law
4    with respect to participation in the test and disclosure of
5    test results, and the right to confidential treatment of
6    information identifying the subject of the test and the
7    results of the test, to the extent provided by law; and
8        (3) where the person providing informed consent is a
9    participant in an HIE, a fair explanation that the results
10    of the patient's HIV test will be accessible through an HIE
11    and meaningful disclosure of the patient's opt-out right
12    under Section 9.6 of this Act.
13    Pre-test information may be provided in writing, verbally,
14or by video, electronic, or other means. The subject must be
15offered an opportunity to ask questions about the HIV test and
16decline testing. Nothing in this Act shall prohibit a health
17care provider or health care professional from combining a form
18used to obtain informed consent for HIV testing with forms used
19to obtain written consent for general medical care or any other
20medical test or procedure provided that the forms make it clear
21that the subject may consent to general medical care, tests, or
22medical procedures without being required to consent to HIV
23testing and clearly explain how the subject may opt out of HIV
24testing.
25    (r) "Limited data set" has the meaning ascribed to it under
26HIPAA, as described in 45 CFR 164.514(e)(2).

 

 

HB0421 Enrolled- 119 -LRB099 05828 HAF 25872 b

1    (s) "Minimum necessary" means the HIPAA standard for using,
2disclosing, and requesting protected health information found
3in 45 CFR 164.502(b) and 164.514(d).
4    (t) "Organized health care arrangement" has the meaning
5ascribed to it under HIPAA, as specified in 45 CFR 160.103.
6    (u) "Patient safety activities" has the meaning ascribed to
7it under 42 CFR 3.20.
8    (v) "Payment" has the meaning ascribed to it under HIPAA,
9as specified in 45 CFR 164.501.
10    (w) "Person" includes any natural person, partnership,
11association, joint venture, trust, governmental entity, public
12or private corporation, health facility, or other legal entity.
13    (x) "Protected health information" has the meaning
14ascribed to it under HIPAA, as specified in 45 CFR 160.103.
15    (y) "Research" has the meaning ascribed to it under HIPAA,
16as specified in 45 CFR 164.501.
17    (z) "State agency" means an instrumentality of the State of
18Illinois and any instrumentality of another state that,
19pursuant to applicable law or a written undertaking with an
20instrumentality of the State of Illinois, is bound to protect
21the privacy of HIV-related information of Illinois persons.
22    (aa) "Test" or "HIV test" means a test to determine the
23presence of the antibody or antigen to HIV, or of HIV
24infection.
25    (bb) "Treatment" has the meaning ascribed to it under
26HIPAA, as specified in 45 CFR 164.501.

 

 

HB0421 Enrolled- 120 -LRB099 05828 HAF 25872 b

1    (cc) "Use" has the meaning ascribed to it under HIPAA, as
2specified in 45 CFR 160.103, where context dictates.
3(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15.)
 
4    Section 95. The Illinois Sexually Transmissible Disease
5Control Act is amended by changing Sections 3 and 4 as follows:
 
6    (410 ILCS 325/3)  (from Ch. 111 1/2, par. 7403)
7    Sec. 3. Definitions. As used in this Act, unless the
8context clearly requires otherwise:
9    (1) "Department" means the Department of Public Health.
10    (2) "Local health authority" means the full-time official
11health department of board of health, as recognized by the
12Department, having jurisdiction over a particular area.
13    (3) "Sexually transmissible disease" means a bacterial,
14viral, fungal or parasitic disease, determined by rule of the
15Department to be sexually transmissible, to be a threat to the
16public health and welfare, and to be a disease for which a
17legitimate public interest will be served by providing for
18regulation and treatment. In considering which diseases are to
19be designated sexually transmissible diseases, the Department
20shall consider such diseases as chancroid, gonorrhea,
21granuloma inguinale, lymphogranuloma venereum, genital herpes
22simplex, chlamydia, nongonococcal urethritis (NGU), pelvic
23inflammatory disease (PID)/Acute Salpingitis, syphilis,
24Acquired Immunodeficiency Syndrome (AIDS), and Human

 

 

HB0421 Enrolled- 121 -LRB099 05828 HAF 25872 b

1Immunodeficiency Virus (HIV) for designation, and shall
2consider the recommendations and classifications of the
3Centers for Disease Control and other nationally recognized
4medical authorities. Not all diseases that are sexually
5transmissible need be designated for purposes of this Act.
6    (4) "Health care professional" means a physician licensed
7to practice medicine in all its branches, a licensed physician
8assistant who has been delegated the provision of sexually
9transmissible disease therapy services or expedited partner
10therapy services by his or her supervising physician, or a
11licensed an advanced practice nurse who has a written
12collaborative agreement with a collaborating physician that
13authorizes the provision of sexually transmissible disease
14therapy services or expedited partner therapy services, or an
15advanced practice nurse who practices in a hospital or
16ambulatory surgical treatment center and possesses appropriate
17clinical privileges in accordance with the Nurse Practice Act.
18    (5) "Expedited partner therapy" means to prescribe,
19dispense, furnish, or otherwise provide prescription
20antibiotic drugs to the partner or partners of persons
21clinically diagnosed as infected with a sexually transmissible
22disease, without physical examination of the partner or
23partners.
24(Source: P.A. 96-613, eff. 1-1-10.)
 
25    (410 ILCS 325/4)  (from Ch. 111 1/2, par. 7404)

 

 

HB0421 Enrolled- 122 -LRB099 05828 HAF 25872 b

1    Sec. 4. Reporting required.
2    (a) A physician licensed under the provisions of the
3Medical Practice Act of 1987, an advanced practice nurse
4licensed under the provisions of the Nurse Practice Act who has
5a written collaborative agreement with a collaborating
6physician that authorizes the provision of services for a
7sexually transmissible disease, or a physician assistant
8licensed under the provisions of the Physician Assistant
9Practice Act of 1987 who has been delegated authority to
10provide services for a sexually transmissible disease who makes
11a diagnosis of or treats a person with a sexually transmissible
12disease and each laboratory that performs a test for a sexually
13transmissible disease which concludes with a positive result
14shall report such facts as may be required by the Department by
15rule, within such time period as the Department may require by
16rule, but in no case to exceed 2 weeks.
17    (b) The Department shall adopt rules specifying the
18information required in reporting a sexually transmissible
19disease, the method of reporting and specifying a minimum time
20period for reporting. In adopting such rules, the Department
21shall consider the need for information, protections for the
22privacy and confidentiality of the patient, and the practical
23abilities of persons and laboratories to report in a reasonable
24fashion.
25    (c) Any person who knowingly or maliciously disseminates
26any false information or report concerning the existence of any

 

 

HB0421 Enrolled- 123 -LRB099 05828 HAF 25872 b

1sexually transmissible disease under this Section is guilty of
2a Class A misdemeanor.
3    (d) Any person who violates the provisions of this Section
4or the rules adopted hereunder may be fined by the Department
5up to $500 for each violation. The Department shall report each
6violation of this Section to the regulatory agency responsible
7for licensing a health care professional or a laboratory to
8which these provisions apply.
9(Source: P.A. 95-639, eff. 10-5-07.)
 
10    Section 100. The Perinatal HIV Prevention Act is amended by
11changing Section 5 as follows:
 
12    (410 ILCS 335/5)
13    Sec. 5. Definitions. In this Act:
14    "Department" means the Department of Public Health.
15    "Health care professional" means a physician licensed to
16practice medicine in all its branches, a licensed physician
17assistant who has been delegated the provision of health
18services by his or her supervising physician, or a licensed an
19advanced practice registered nurse who has a written
20collaborative agreement with a collaborating physician that
21authorizes the provision of health services.
22    "Health care facility" or "facility" means any hospital or
23other institution that is licensed or otherwise authorized to
24deliver health care services.

 

 

HB0421 Enrolled- 124 -LRB099 05828 HAF 25872 b

1    "Health care services" means any prenatal medical care or
2labor or delivery services to a pregnant woman and her newborn
3infant, including hospitalization.
4(Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)
 
5    Section 105. The Genetic Information Privacy Act is amended
6by changing Section 10 as follows:
 
7    (410 ILCS 513/10)
8    Sec. 10. Definitions. As used in this Act:
9    "Authority" means the Illinois Health Information Exchange
10Authority established pursuant to the Illinois Health
11Information Exchange and Technology Act.
12    "Business associate" has the meaning ascribed to it under
13HIPAA, as specified in 45 CFR 160.103.
14    "Covered entity" has the meaning ascribed to it under
15HIPAA, as specified in 45 CFR 160.103.
16    "De-identified information" means health information that
17is not individually identifiable as described under HIPAA, as
18specified in 45 CFR 164.514(b).
19    "Disclosure" has the meaning ascribed to it under HIPAA, as
20specified in 45 CFR 160.103.
21    "Employer" means the State of Illinois, any unit of local
22government, and any board, commission, department,
23institution, or school district, any party to a public
24contract, any joint apprenticeship or training committee

 

 

HB0421 Enrolled- 125 -LRB099 05828 HAF 25872 b

1within the State, and every other person employing employees
2within the State.
3    "Employment agency" means both public and private
4employment agencies and any person, labor organization, or
5labor union having a hiring hall or hiring office regularly
6undertaking, with or without compensation, to procure
7opportunities to work, or to procure, recruit, refer, or place
8employees.
9    "Family member" means, with respect to an individual, (i)
10the spouse of the individual; (ii) a dependent child of the
11individual, including a child who is born to or placed for
12adoption with the individual; (iii) any other person qualifying
13as a covered dependent under a managed care plan; and (iv) all
14other individuals related by blood or law to the individual or
15the spouse or child described in subsections (i) through (iii)
16of this definition.
17    "Genetic information" has the meaning ascribed to it under
18HIPAA, as specified in 45 CFR 160.103.
19    "Genetic monitoring" means the periodic examination of
20employees to evaluate acquired modifications to their genetic
21material, such as chromosomal damage or evidence of increased
22occurrence of mutations that may have developed in the course
23of employment due to exposure to toxic substances in the
24workplace in order to identify, evaluate, and respond to
25effects of or control adverse environmental exposures in the
26workplace.

 

 

HB0421 Enrolled- 126 -LRB099 05828 HAF 25872 b

1    "Genetic services" has the meaning ascribed to it under
2HIPAA, as specified in 45 CFR 160.103.
3    "Genetic testing" and "genetic test" have the meaning
4ascribed to "genetic test" under HIPAA, as specified in 45 CFR
5160.103.
6    "Health care operations" has the meaning ascribed to it
7under HIPAA, as specified in 45 CFR 164.501.
8    "Health care professional" means (i) a licensed physician,
9(ii) a licensed physician assistant to whom the physician
10assistant's supervising physician has delegated the provision
11of genetic testing or genetic counseling-related services,
12(iii) a licensed an advanced practice registered nurse who has
13a written collaborative agreement with a collaborating
14physician which authorizes the provision of genetic testing or
15genetic counseling-related health services, (iv) a licensed
16dentist, (v) a licensed podiatrist, (vi) a licensed genetic
17counselor, or (vii) an individual certified to provide genetic
18testing by a state or local public health department.
19    "Health care provider" has the meaning ascribed to it under
20HIPAA, as specified in 45 CFR 160.103.
21    "Health facility" means a hospital, blood bank, blood
22center, sperm bank, or other health care institution, including
23any "health facility" as that term is defined in the Illinois
24Finance Authority Act.
25    "Health information exchange" or "HIE" means a health
26information exchange or health information organization that

 

 

HB0421 Enrolled- 127 -LRB099 05828 HAF 25872 b

1exchanges health information electronically that (i) is
2established pursuant to the Illinois Health Information
3Exchange and Technology Act, or any subsequent amendments
4thereto, and any administrative rules promulgated thereunder;
5(ii) has established a data sharing arrangement with the
6Authority; or (iii) as of August 16, 2013, was designated by
7the Authority Board as a member of, or was represented on, the
8Authority Board's Regional Health Information Exchange
9Workgroup; provided that such designation shall not require the
10establishment of a data sharing arrangement or other
11participation with the Illinois Health Information Exchange or
12the payment of any fee. In certain circumstances, in accordance
13with HIPAA, an HIE will be a business associate.
14    "Health oversight agency" has the meaning ascribed to it
15under HIPAA, as specified in 45 CFR 164.501.
16    "HIPAA" means the Health Insurance Portability and
17Accountability Act of 1996, Public Law 104-191, as amended by
18the Health Information Technology for Economic and Clinical
19Health Act of 2009, Public Law 111-05, and any subsequent
20amendments thereto and any regulations promulgated thereunder.
21    "Insurer" means (i) an entity that is subject to the
22jurisdiction of the Director of Insurance and (ii) a managed
23care plan.
24    "Labor organization" includes any organization, labor
25union, craft union, or any voluntary unincorporated
26association designed to further the cause of the rights of

 

 

HB0421 Enrolled- 128 -LRB099 05828 HAF 25872 b

1union labor that is constituted for the purpose, in whole or in
2part, of collective bargaining or of dealing with employers
3concerning grievances, terms or conditions of employment, or
4apprenticeships or applications for apprenticeships, or of
5other mutual aid or protection in connection with employment,
6including apprenticeships or applications for apprenticeships.
7    "Licensing agency" means a board, commission, committee,
8council, department, or officers, except a judicial officer, in
9this State or any political subdivision authorized to grant,
10deny, renew, revoke, suspend, annul, withdraw, or amend a
11license or certificate of registration.
12    "Limited data set" has the meaning ascribed to it under
13HIPAA, as described in 45 CFR 164.514(e)(2).
14    "Managed care plan" means a plan that establishes,
15operates, or maintains a network of health care providers that
16have entered into agreements with the plan to provide health
17care services to enrollees where the plan has the ultimate and
18direct contractual obligation to the enrollee to arrange for
19the provision of or pay for services through:
20        (1) organizational arrangements for ongoing quality
21    assurance, utilization review programs, or dispute
22    resolution; or
23        (2) financial incentives for persons enrolled in the
24    plan to use the participating providers and procedures
25    covered by the plan.
26    A managed care plan may be established or operated by any

 

 

HB0421 Enrolled- 129 -LRB099 05828 HAF 25872 b

1entity including a licensed insurance company, hospital or
2medical service plan, health maintenance organization, limited
3health service organization, preferred provider organization,
4third party administrator, or an employer or employee
5organization.
6    "Minimum necessary" means HIPAA's standard for using,
7disclosing, and requesting protected health information found
8in 45 CFR 164.502(b) and 164.514(d).
9    "Nontherapeutic purpose" means a purpose that is not
10intended to improve or preserve the life or health of the
11individual whom the information concerns.
12    "Organized health care arrangement" has the meaning
13ascribed to it under HIPAA, as specified in 45 CFR 160.103.
14    "Patient safety activities" has the meaning ascribed to it
15under 42 CFR 3.20.
16    "Payment" has the meaning ascribed to it under HIPAA, as
17specified in 45 CFR 164.501.
18    "Person" includes any natural person, partnership,
19association, joint venture, trust, governmental entity, public
20or private corporation, health facility, or other legal entity.
21    "Protected health information" has the meaning ascribed to
22it under HIPAA, as specified in 45 CFR 164.103.
23    "Research" has the meaning ascribed to it under HIPAA, as
24specified in 45 CFR 164.501.
25    "State agency" means an instrumentality of the State of
26Illinois and any instrumentality of another state which

 

 

HB0421 Enrolled- 130 -LRB099 05828 HAF 25872 b

1pursuant to applicable law or a written undertaking with an
2instrumentality of the State of Illinois is bound to protect
3the privacy of genetic information of Illinois persons.
4    "Treatment" has the meaning ascribed to it under HIPAA, as
5specified in 45 CFR 164.501.
6    "Use" has the meaning ascribed to it under HIPAA, as
7specified in 45 CFR 160.103, where context dictates.
8(Source: P.A. 98-1046, eff. 1-1-15.)
 
9    Section 110. The Home Health and Hospice Drug Dispensation
10and Administration Act is amended by changing Section 10 as
11follows:
 
12    (410 ILCS 642/10)
13    Sec. 10. Definitions. In this Act:
14    "Authorized nursing employee" means a registered nurse or
15advanced practice nurse, as defined in the Nurse Practice Act,
16who is employed by a home health agency or hospice licensed in
17this State.
18    "Health care professional" means a physician licensed to
19practice medicine in all its branches, a licensed an advanced
20practice nurse who has a written collaborative agreement with a
21collaborating physician that authorizes services under this
22Act, or a licensed physician assistant who has been delegated
23the authority to perform services under this Act by his or her
24supervising physician.

 

 

HB0421 Enrolled- 131 -LRB099 05828 HAF 25872 b

1    "Home health agency" has the meaning ascribed to it in
2Section 2.04 of the Home Health, Home Services, and Home
3Nursing Agency Licensing Act.
4    "Hospice" means a full hospice, as defined in Section 3 of
5the Hospice Program Licensing Act.
6    "Physician" means a physician licensed under the Medical
7Practice Act of 1987 to practice medicine in all its branches.
8(Source: P.A. 94-638, eff. 8-22-05; 95-331, eff. 8-21-07;
995-639, eff. 10-5-07.)
 
10    Section 115. The Illinois Vehicle Code is amended by
11changing Sections 1-159.1, 3-616, 6-103, 6-106.1, and 6-901 as
12follows:
 
13    (625 ILCS 5/1-159.1)  (from Ch. 95 1/2, par. 1-159.1)
14    Sec. 1-159.1. Person with disabilities. A natural person
15who, as determined by a licensed physician, by a licensed
16physician assistant who has been delegated the authority to
17make this determination by his or her supervising physician, or
18by a licensed an advanced practice nurse who has a written
19collaborative agreement with a collaborating physician that
20authorizes the advanced practice nurse to make this
21determination: (1) cannot walk without the use of, or
22assistance from, a brace, cane, crutch, another person,
23prosthetic device, wheelchair, or other assistive device; (2)
24is restricted by lung disease to such an extent that his or her

 

 

HB0421 Enrolled- 132 -LRB099 05828 HAF 25872 b

1forced (respiratory) expiratory volume for one second, when
2measured by spirometry, is less than one liter, or the arterial
3oxygen tension is less than 60 mm/hg on room air at rest; (3)
4uses portable oxygen; (4) has a cardiac condition to the extent
5that the person's functional limitations are classified in
6severity as Class III or Class IV, according to standards set
7by the American Heart Association; (5) is severely limited in
8the person's ability to walk due to an arthritic, neurological,
9oncological, or orthopedic condition; (6) cannot walk 200 feet
10without stopping to rest because of one of the above 5
11conditions; or (7) is missing a hand or arm or has permanently
12lost the use of a hand or arm.
13(Source: P.A. 98-405, eff. 1-1-14.)
 
14    (625 ILCS 5/3-616)  (from Ch. 95 1/2, par. 3-616)
15    Sec. 3-616. Disability license plates.
16    (a) Upon receiving an application for a certificate of
17registration for a motor vehicle of the first division or for a
18motor vehicle of the second division weighing no more than
198,000 pounds, accompanied with payment of the registration fees
20required under this Code from a person with disabilities or a
21person who is deaf or hard of hearing, the Secretary of State,
22if so requested, shall issue to such person registration plates
23as provided for in Section 3-611, provided that the person with
24disabilities or person who is deaf or hard of hearing must not
25be disqualified from obtaining a driver's license under

 

 

HB0421 Enrolled- 133 -LRB099 05828 HAF 25872 b

1subsection 8 of Section 6-103 of this Code, and further
2provided that any person making such a request must submit a
3statement, certified by a licensed physician, by a licensed
4physician assistant who has been delegated the authority to
5make this certification by his or her supervising physician, or
6by a licensed an advanced practice nurse who has a written
7collaborative agreement with a collaborating physician that
8authorizes the advanced practice nurse to make this
9certification, to the effect that such person is a person with
10disabilities as defined by Section 1-159.1 of this Code, or
11alternatively provide adequate documentation that such person
12has a Class 1A, Class 2A or Type Four disability under the
13provisions of Section 4A of the Illinois Identification Card
14Act. For purposes of this Section, an Illinois Person with a
15Disability Identification Card issued pursuant to the Illinois
16Identification Card Act indicating that the person thereon
17named has a disability shall be adequate documentation of such
18a disability.
19    (b) The Secretary shall issue plates under this Section to
20a parent or legal guardian of a person with disabilities if the
21person with disabilities has a Class 1A or Class 2A disability
22as defined in Section 4A of the Illinois Identification Card
23Act or is a person with disabilities as defined by Section
241-159.1 of this Code, and does not possess a vehicle registered
25in his or her name, provided that the person with disabilities
26relies frequently on the parent or legal guardian for

 

 

HB0421 Enrolled- 134 -LRB099 05828 HAF 25872 b

1transportation. Only one vehicle per family may be registered
2under this subsection, unless the applicant can justify in
3writing the need for one additional set of plates. Any person
4requesting special plates under this subsection shall submit
5such documentation or such physician's, physician assistant's,
6or advanced practice nurse's statement as is required in
7subsection (a) and a statement describing the circumstances
8qualifying for issuance of special plates under this
9subsection. An optometrist may certify a Class 2A Visual
10Disability, as defined in Section 4A of the Illinois
11Identification Card Act, for the purpose of qualifying a person
12with disabilities for special plates under this subsection.
13    (c) The Secretary may issue a parking decal or device to a
14person with disabilities as defined by Section 1-159.1 without
15regard to qualification of such person with disabilities for a
16driver's license or registration of a vehicle by such person
17with disabilities or such person's immediate family, provided
18such person with disabilities making such a request has been
19issued an Illinois Person with a Disability Identification Card
20indicating that the person named thereon has a Class 1A or
21Class 2A disability, or alternatively, submits a statement
22certified by a licensed physician, or by a licensed physician
23assistant or a licensed an advanced practice nurse as provided
24in subsection (a), to the effect that such person is a person
25with disabilities as defined by Section 1-159.1. An optometrist
26may certify a Class 2A Visual Disability as defined in Section

 

 

HB0421 Enrolled- 135 -LRB099 05828 HAF 25872 b

14A of the Illinois Identification Card Act for the purpose of
2qualifying a person with disabilities for a parking decal or
3device under this subsection.
4    (d) The Secretary shall prescribe by rules and regulations
5procedures to certify or re-certify as necessary the
6eligibility of persons whose disabilities are other than
7permanent for special plates or parking decals or devices
8issued under subsections (a), (b) and (c). Except as provided
9under subsection (f) of this Section, no such special plates,
10decals or devices shall be issued by the Secretary of State to
11or on behalf of any person with disabilities unless such person
12is certified as meeting the definition of a person with
13disabilities pursuant to Section 1-159.1 or meeting the
14requirement of a Type Four disability as provided under Section
154A of the Illinois Identification Card Act for the period of
16time that the physician, or the physician assistant or advanced
17practice nurse as provided in subsection (a), determines the
18applicant will have the disability, but not to exceed 6 months
19from the date of certification or recertification.
20    (e) Any person requesting special plates under this Section
21may also apply to have the special plates personalized, as
22provided under Section 3-405.1.
23    (f) The Secretary of State, upon application, shall issue
24disability registration plates or a parking decal to
25corporations, school districts, State or municipal agencies,
26limited liability companies, nursing homes, convalescent

 

 

HB0421 Enrolled- 136 -LRB099 05828 HAF 25872 b

1homes, or special education cooperatives which will transport
2persons with disabilities. The Secretary shall prescribe by
3rule a means to certify or re-certify the eligibility of
4organizations to receive disability plates or decals and to
5designate which of the 2 person with disabilities emblems shall
6be placed on qualifying vehicles.
7    (g) The Secretary of State, or his designee, may enter into
8agreements with other jurisdictions, including foreign
9jurisdictions, on behalf of this State relating to the
10extension of parking privileges by such jurisdictions to
11permanently disabled residents of this State who display a
12special license plate or parking device that contains the
13International symbol of access on his or her motor vehicle, and
14to recognize such plates or devices issued by such other
15jurisdictions. This State shall grant the same parking
16privileges which are granted to disabled residents of this
17State to any non-resident whose motor vehicle is licensed in
18another state, district, territory or foreign country if such
19vehicle displays the international symbol of access or a
20distinguishing insignia on license plates or parking device
21issued in accordance with the laws of the non-resident's state,
22district, territory or foreign country.
23(Source: P.A. 97-1064, eff. 1-1-13.)
 
24    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
25    Sec. 6-103. What persons shall not be licensed as drivers

 

 

HB0421 Enrolled- 137 -LRB099 05828 HAF 25872 b

1or granted permits. The Secretary of State shall not issue,
2renew, or allow the retention of any driver's license nor issue
3any permit under this Code:
4        1. To any person, as a driver, who is under the age of
5    18 years except as provided in Section 6-107, and except
6    that an instruction permit may be issued under Section
7    6-107.1 to a child who is not less than 15 years of age if
8    the child is enrolled in an approved driver education
9    course as defined in Section 1-103 of this Code and
10    requires an instruction permit to participate therein,
11    except that an instruction permit may be issued under the
12    provisions of Section 6-107.1 to a child who is 17 years
13    and 3 months of age without the child having enrolled in an
14    approved driver education course and except that an
15    instruction permit may be issued to a child who is at least
16    15 years and 3 months of age, is enrolled in school, meets
17    the educational requirements of the Driver Education Act,
18    and has passed examinations the Secretary of State in his
19    or her discretion may prescribe;
20        1.5. To any person at least 18 years of age but less
21    than 21 years of age unless the person has, in addition to
22    any other requirements of this Code, successfully
23    completed an adult driver education course as provided in
24    Section 6-107.5 of this Code;
25        2. To any person who is under the age of 18 as an
26    operator of a motorcycle other than a motor driven cycle

 

 

HB0421 Enrolled- 138 -LRB099 05828 HAF 25872 b

1    unless the person has, in addition to meeting the
2    provisions of Section 6-107 of this Code, successfully
3    completed a motorcycle training course approved by the
4    Illinois Department of Transportation and successfully
5    completes the required Secretary of State's motorcycle
6    driver's examination;
7        3. To any person, as a driver, whose driver's license
8    or permit has been suspended, during the suspension, nor to
9    any person whose driver's license or permit has been
10    revoked, except as provided in Sections 6-205, 6-206, and
11    6-208;
12        4. To any person, as a driver, who is a user of alcohol
13    or any other drug to a degree that renders the person
14    incapable of safely driving a motor vehicle;
15        5. To any person, as a driver, who has previously been
16    adjudged to be afflicted with or suffering from any mental
17    or physical disability or disease and who has not at the
18    time of application been restored to competency by the
19    methods provided by law;
20        6. To any person, as a driver, who is required by the
21    Secretary of State to submit an alcohol and drug evaluation
22    or take an examination provided for in this Code unless the
23    person has successfully passed the examination and
24    submitted any required evaluation;
25        7. To any person who is required under the provisions
26    of the laws of this State to deposit security or proof of

 

 

HB0421 Enrolled- 139 -LRB099 05828 HAF 25872 b

1    financial responsibility and who has not deposited the
2    security or proof;
3        8. To any person when the Secretary of State has good
4    cause to believe that the person by reason of physical or
5    mental disability would not be able to safely operate a
6    motor vehicle upon the highways, unless the person shall
7    furnish to the Secretary of State a verified written
8    statement, acceptable to the Secretary of State, from a
9    competent medical specialist, a licensed physician
10    assistant who has been delegated the performance of medical
11    examinations by his or her supervising physician, or a
12    licensed advanced practice nurse who has a written
13    collaborative agreement with a collaborating physician
14    which authorizes him or her to perform medical
15    examinations, to the effect that the operation of a motor
16    vehicle by the person would not be inimical to the public
17    safety;
18        9. To any person, as a driver, who is 69 years of age
19    or older, unless the person has successfully complied with
20    the provisions of Section 6-109;
21        10. To any person convicted, within 12 months of
22    application for a license, of any of the sexual offenses
23    enumerated in paragraph 2 of subsection (b) of Section
24    6-205;
25        11. To any person who is under the age of 21 years with
26    a classification prohibited in paragraph (b) of Section

 

 

HB0421 Enrolled- 140 -LRB099 05828 HAF 25872 b

1    6-104 and to any person who is under the age of 18 years
2    with a classification prohibited in paragraph (c) of
3    Section 6-104;
4        12. To any person who has been either convicted of or
5    adjudicated under the Juvenile Court Act of 1987 based upon
6    a violation of the Cannabis Control Act, the Illinois
7    Controlled Substances Act, or the Methamphetamine Control
8    and Community Protection Act while that person was in
9    actual physical control of a motor vehicle. For purposes of
10    this Section, any person placed on probation under Section
11    10 of the Cannabis Control Act, Section 410 of the Illinois
12    Controlled Substances Act, or Section 70 of the
13    Methamphetamine Control and Community Protection Act shall
14    not be considered convicted. Any person found guilty of
15    this offense, while in actual physical control of a motor
16    vehicle, shall have an entry made in the court record by
17    the judge that this offense did occur while the person was
18    in actual physical control of a motor vehicle and order the
19    clerk of the court to report the violation to the Secretary
20    of State as such. The Secretary of State shall not issue a
21    new license or permit for a period of one year;
22        13. To any person who is under the age of 18 years and
23    who has committed the offense of operating a motor vehicle
24    without a valid license or permit in violation of Section
25    6-101 or a similar out of state offense;
26        14. To any person who is 90 days or more delinquent in

 

 

HB0421 Enrolled- 141 -LRB099 05828 HAF 25872 b

1    court ordered child support payments or has been
2    adjudicated in arrears in an amount equal to 90 days'
3    obligation or more and who has been found in contempt of
4    court for failure to pay the support, subject to the
5    requirements and procedures of Article VII of Chapter 7 of
6    the Illinois Vehicle Code;
7        14.5. To any person certified by the Illinois
8    Department of Healthcare and Family Services as being 90
9    days or more delinquent in payment of support under an
10    order of support entered by a court or administrative body
11    of this or any other State, subject to the requirements and
12    procedures of Article VII of Chapter 7 of this Code
13    regarding those certifications;
14        15. To any person released from a term of imprisonment
15    for violating Section 9-3 of the Criminal Code of 1961 or
16    the Criminal Code of 2012, or a similar provision of a law
17    of another state relating to reckless homicide or for
18    violating subparagraph (F) of paragraph (1) of subsection
19    (d) of Section 11-501 of this Code relating to aggravated
20    driving under the influence of alcohol, other drug or
21    drugs, intoxicating compound or compounds, or any
22    combination thereof, if the violation was the proximate
23    cause of a death, within 24 months of release from a term
24    of imprisonment;
25        16. To any person who, with intent to influence any act
26    related to the issuance of any driver's license or permit,

 

 

HB0421 Enrolled- 142 -LRB099 05828 HAF 25872 b

1    by an employee of the Secretary of State's Office, or the
2    owner or employee of any commercial driver training school
3    licensed by the Secretary of State, or any other individual
4    authorized by the laws of this State to give driving
5    instructions or administer all or part of a driver's
6    license examination, promises or tenders to that person any
7    property or personal advantage which that person is not
8    authorized by law to accept. Any persons promising or
9    tendering such property or personal advantage shall be
10    disqualified from holding any class of driver's license or
11    permit for 120 consecutive days. The Secretary of State
12    shall establish by rule the procedures for implementing
13    this period of disqualification and the procedures by which
14    persons so disqualified may obtain administrative review
15    of the decision to disqualify;
16        17. To any person for whom the Secretary of State
17    cannot verify the accuracy of any information or
18    documentation submitted in application for a driver's
19    license; or
20        18. To any person who has been adjudicated under the
21    Juvenile Court Act of 1987 based upon an offense that is
22    determined by the court to have been committed in
23    furtherance of the criminal activities of an organized
24    gang, as provided in Section 5-710 of that Act, and that
25    involved the operation or use of a motor vehicle or the use
26    of a driver's license or permit. The person shall be denied

 

 

HB0421 Enrolled- 143 -LRB099 05828 HAF 25872 b

1    a license or permit for the period determined by the court.
2    The Secretary of State shall retain all conviction
3information, if the information is required to be held
4confidential under the Juvenile Court Act of 1987.
5(Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13;
698-167, eff. 7-1-14; 98-756, eff. 7-16-14.)
 
7    (625 ILCS 5/6-106.1)
8    Sec. 6-106.1. School bus driver permit.
9    (a) The Secretary of State shall issue a school bus driver
10permit to those applicants who have met all the requirements of
11the application and screening process under this Section to
12insure the welfare and safety of children who are transported
13on school buses throughout the State of Illinois. Applicants
14shall obtain the proper application required by the Secretary
15of State from their prospective or current employer and submit
16the completed application to the prospective or current
17employer along with the necessary fingerprint submission as
18required by the Department of State Police to conduct
19fingerprint based criminal background checks on current and
20future information available in the state system and current
21information available through the Federal Bureau of
22Investigation's system. Applicants who have completed the
23fingerprinting requirements shall not be subjected to the
24fingerprinting process when applying for subsequent permits or
25submitting proof of successful completion of the annual

 

 

HB0421 Enrolled- 144 -LRB099 05828 HAF 25872 b

1refresher course. Individuals who on the effective date of this
2Act possess a valid school bus driver permit that has been
3previously issued by the appropriate Regional School
4Superintendent are not subject to the fingerprinting
5provisions of this Section as long as the permit remains valid
6and does not lapse. The applicant shall be required to pay all
7related application and fingerprinting fees as established by
8rule including, but not limited to, the amounts established by
9the Department of State Police and the Federal Bureau of
10Investigation to process fingerprint based criminal background
11investigations. All fees paid for fingerprint processing
12services under this Section shall be deposited into the State
13Police Services Fund for the cost incurred in processing the
14fingerprint based criminal background investigations. All
15other fees paid under this Section shall be deposited into the
16Road Fund for the purpose of defraying the costs of the
17Secretary of State in administering this Section. All
18applicants must:
19        1. be 21 years of age or older;
20        2. possess a valid and properly classified driver's
21    license issued by the Secretary of State;
22        3. possess a valid driver's license, which has not been
23    revoked, suspended, or canceled for 3 years immediately
24    prior to the date of application, or have not had his or
25    her commercial motor vehicle driving privileges
26    disqualified within the 3 years immediately prior to the

 

 

HB0421 Enrolled- 145 -LRB099 05828 HAF 25872 b

1    date of application;
2        4. successfully pass a written test, administered by
3    the Secretary of State, on school bus operation, school bus
4    safety, and special traffic laws relating to school buses
5    and submit to a review of the applicant's driving habits by
6    the Secretary of State at the time the written test is
7    given;
8        5. demonstrate ability to exercise reasonable care in
9    the operation of school buses in accordance with rules
10    promulgated by the Secretary of State;
11        6. demonstrate physical fitness to operate school
12    buses by submitting the results of a medical examination,
13    including tests for drug use for each applicant not subject
14    to such testing pursuant to federal law, conducted by a
15    licensed physician, a licensed an advanced practice nurse
16    who has a written collaborative agreement with a
17    collaborating physician which authorizes him or her to
18    perform medical examinations, or a licensed physician
19    assistant who has been delegated the performance of medical
20    examinations by his or her supervising physician within 90
21    days of the date of application according to standards
22    promulgated by the Secretary of State;
23        7. affirm under penalties of perjury that he or she has
24    not made a false statement or knowingly concealed a
25    material fact in any application for permit;
26        8. have completed an initial classroom course,

 

 

HB0421 Enrolled- 146 -LRB099 05828 HAF 25872 b

1    including first aid procedures, in school bus driver safety
2    as promulgated by the Secretary of State; and after
3    satisfactory completion of said initial course an annual
4    refresher course; such courses and the agency or
5    organization conducting such courses shall be approved by
6    the Secretary of State; failure to complete the annual
7    refresher course, shall result in cancellation of the
8    permit until such course is completed;
9        9. not have been under an order of court supervision
10    for or convicted of 2 or more serious traffic offenses, as
11    defined by rule, within one year prior to the date of
12    application that may endanger the life or safety of any of
13    the driver's passengers within the duration of the permit
14    period;
15        10. not have been under an order of court supervision
16    for or convicted of reckless driving, aggravated reckless
17    driving, driving while under the influence of alcohol,
18    other drug or drugs, intoxicating compound or compounds or
19    any combination thereof, or reckless homicide resulting
20    from the operation of a motor vehicle within 3 years of the
21    date of application;
22        11. not have been convicted of committing or attempting
23    to commit any one or more of the following offenses: (i)
24    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
25    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
26    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,

 

 

HB0421 Enrolled- 147 -LRB099 05828 HAF 25872 b

1    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
2    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
3    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
4    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
5    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
6    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
7    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
8    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
9    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
10    12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
11    18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
12    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
13    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
14    31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
15    8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
16    (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
17    in subsection (a) and subsection (b), clause (1), of
18    Section 12-4, and in subsection (A), clauses (a) and (b),
19    of Section 24-3, and those offenses contained in Article
20    29D of the Criminal Code of 1961 or the Criminal Code of
21    2012; (ii) those offenses defined in the Cannabis Control
22    Act except those offenses defined in subsections (a) and
23    (b) of Section 4, and subsection (a) of Section 5 of the
24    Cannabis Control Act; (iii) those offenses defined in the
25    Illinois Controlled Substances Act; (iv) those offenses
26    defined in the Methamphetamine Control and Community

 

 

HB0421 Enrolled- 148 -LRB099 05828 HAF 25872 b

1    Protection Act; (v) any offense committed or attempted in
2    any other state or against the laws of the United States,
3    which if committed or attempted in this State would be
4    punishable as one or more of the foregoing offenses; (vi)
5    the offenses defined in Section 4.1 and 5.1 of the Wrongs
6    to Children Act or Section 11-9.1A of the Criminal Code of
7    1961 or the Criminal Code of 2012; (vii) those offenses
8    defined in Section 6-16 of the Liquor Control Act of 1934;
9    and (viii) those offenses defined in the Methamphetamine
10    Precursor Control Act;
11        12. not have been repeatedly involved as a driver in
12    motor vehicle collisions or been repeatedly convicted of
13    offenses against laws and ordinances regulating the
14    movement of traffic, to a degree which indicates lack of
15    ability to exercise ordinary and reasonable care in the
16    safe operation of a motor vehicle or disrespect for the
17    traffic laws and the safety of other persons upon the
18    highway;
19        13. not have, through the unlawful operation of a motor
20    vehicle, caused an accident resulting in the death of any
21    person;
22        14. not have, within the last 5 years, been adjudged to
23    be afflicted with or suffering from any mental disability
24    or disease; and
25        15. consent, in writing, to the release of results of
26    reasonable suspicion drug and alcohol testing under

 

 

HB0421 Enrolled- 149 -LRB099 05828 HAF 25872 b

1    Section 6-106.1c of this Code by the employer of the
2    applicant to the Secretary of State.
3    (b) A school bus driver permit shall be valid for a period
4specified by the Secretary of State as set forth by rule. It
5shall be renewable upon compliance with subsection (a) of this
6Section.
7    (c) A school bus driver permit shall contain the holder's
8driver's license number, legal name, residence address, zip
9code, and date of birth, a brief description of the holder and
10a space for signature. The Secretary of State may require a
11suitable photograph of the holder.
12    (d) The employer shall be responsible for conducting a
13pre-employment interview with prospective school bus driver
14candidates, distributing school bus driver applications and
15medical forms to be completed by the applicant, and submitting
16the applicant's fingerprint cards to the Department of State
17Police that are required for the criminal background
18investigations. The employer shall certify in writing to the
19Secretary of State that all pre-employment conditions have been
20successfully completed including the successful completion of
21an Illinois specific criminal background investigation through
22the Department of State Police and the submission of necessary
23fingerprints to the Federal Bureau of Investigation for
24criminal history information available through the Federal
25Bureau of Investigation system. The applicant shall present the
26certification to the Secretary of State at the time of

 

 

HB0421 Enrolled- 150 -LRB099 05828 HAF 25872 b

1submitting the school bus driver permit application.
2    (e) Permits shall initially be provisional upon receiving
3certification from the employer that all pre-employment
4conditions have been successfully completed, and upon
5successful completion of all training and examination
6requirements for the classification of the vehicle to be
7operated, the Secretary of State shall provisionally issue a
8School Bus Driver Permit. The permit shall remain in a
9provisional status pending the completion of the Federal Bureau
10of Investigation's criminal background investigation based
11upon fingerprinting specimens submitted to the Federal Bureau
12of Investigation by the Department of State Police. The Federal
13Bureau of Investigation shall report the findings directly to
14the Secretary of State. The Secretary of State shall remove the
15bus driver permit from provisional status upon the applicant's
16successful completion of the Federal Bureau of Investigation's
17criminal background investigation.
18    (f) A school bus driver permit holder shall notify the
19employer and the Secretary of State if he or she is issued an
20order of court supervision for or convicted in another state of
21an offense that would make him or her ineligible for a permit
22under subsection (a) of this Section. The written notification
23shall be made within 5 days of the entry of the order of court
24supervision or conviction. Failure of the permit holder to
25provide the notification is punishable as a petty offense for a
26first violation and a Class B misdemeanor for a second or

 

 

HB0421 Enrolled- 151 -LRB099 05828 HAF 25872 b

1subsequent violation.
2    (g) Cancellation; suspension; notice and procedure.
3        (1) The Secretary of State shall cancel a school bus
4    driver permit of an applicant whose criminal background
5    investigation discloses that he or she is not in compliance
6    with the provisions of subsection (a) of this Section.
7        (2) The Secretary of State shall cancel a school bus
8    driver permit when he or she receives notice that the
9    permit holder fails to comply with any provision of this
10    Section or any rule promulgated for the administration of
11    this Section.
12        (3) The Secretary of State shall cancel a school bus
13    driver permit if the permit holder's restricted commercial
14    or commercial driving privileges are withdrawn or
15    otherwise invalidated.
16        (4) The Secretary of State may not issue a school bus
17    driver permit for a period of 3 years to an applicant who
18    fails to obtain a negative result on a drug test as
19    required in item 6 of subsection (a) of this Section or
20    under federal law.
21        (5) The Secretary of State shall forthwith suspend a
22    school bus driver permit for a period of 3 years upon
23    receiving notice that the holder has failed to obtain a
24    negative result on a drug test as required in item 6 of
25    subsection (a) of this Section or under federal law.
26        (6) The Secretary of State shall suspend a school bus

 

 

HB0421 Enrolled- 152 -LRB099 05828 HAF 25872 b

1    driver permit for a period of 3 years upon receiving notice
2    from the employer that the holder failed to perform the
3    inspection procedure set forth in subsection (a) or (b) of
4    Section 12-816 of this Code.
5        (7) The Secretary of State shall suspend a school bus
6    driver permit for a period of 3 years upon receiving notice
7    from the employer that the holder refused to submit to an
8    alcohol or drug test as required by Section 6-106.1c or has
9    submitted to a test required by that Section which
10    disclosed an alcohol concentration of more than 0.00 or
11    disclosed a positive result on a National Institute on Drug
12    Abuse five-drug panel, utilizing federal standards set
13    forth in 49 CFR 40.87.
14    The Secretary of State shall notify the State
15Superintendent of Education and the permit holder's
16prospective or current employer that the applicant has (1) has
17failed a criminal background investigation or (2) is no longer
18eligible for a school bus driver permit; and of the related
19cancellation of the applicant's provisional school bus driver
20permit. The cancellation shall remain in effect pending the
21outcome of a hearing pursuant to Section 2-118 of this Code.
22The scope of the hearing shall be limited to the issuance
23criteria contained in subsection (a) of this Section. A
24petition requesting a hearing shall be submitted to the
25Secretary of State and shall contain the reason the individual
26feels he or she is entitled to a school bus driver permit. The

 

 

HB0421 Enrolled- 153 -LRB099 05828 HAF 25872 b

1permit holder's employer shall notify in writing to the
2Secretary of State that the employer has certified the removal
3of the offending school bus driver from service prior to the
4start of that school bus driver's next workshift. An employing
5school board that fails to remove the offending school bus
6driver from service is subject to the penalties defined in
7Section 3-14.23 of the School Code. A school bus contractor who
8violates a provision of this Section is subject to the
9penalties defined in Section 6-106.11.
10    All valid school bus driver permits issued under this
11Section prior to January 1, 1995, shall remain effective until
12their expiration date unless otherwise invalidated.
13    (h) When a school bus driver permit holder who is a service
14member is called to active duty, the employer of the permit
15holder shall notify the Secretary of State, within 30 days of
16notification from the permit holder, that the permit holder has
17been called to active duty. Upon notification pursuant to this
18subsection, (i) the Secretary of State shall characterize the
19permit as inactive until a permit holder renews the permit as
20provided in subsection (i) of this Section, and (ii) if a
21permit holder fails to comply with the requirements of this
22Section while called to active duty, the Secretary of State
23shall not characterize the permit as invalid.
24    (i) A school bus driver permit holder who is a service
25member returning from active duty must, within 90 days, renew a
26permit characterized as inactive pursuant to subsection (h) of

 

 

HB0421 Enrolled- 154 -LRB099 05828 HAF 25872 b

1this Section by complying with the renewal requirements of
2subsection (b) of this Section.
3    (j) For purposes of subsections (h) and (i) of this
4Section:
5    "Active duty" means active duty pursuant to an executive
6order of the President of the United States, an act of the
7Congress of the United States, or an order of the Governor.
8    "Service member" means a member of the Armed Services or
9reserve forces of the United States or a member of the Illinois
10National Guard.
11(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
1296-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
137-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,
14Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;
1597-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.
161-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
17eff. 1-25-13.)
 
18    (625 ILCS 5/6-901)  (from Ch. 95 1/2, par. 6-901)
19    Sec. 6-901. Definitions. For the purposes of this Article:
20    "Board" means the Driver's License Medical Advisory Board.
21    "Medical examiner" or "medical practitioner" means:
22        (i) any person licensed to practice medicine in all its
23    branches in the State of Illinois or any other state;
24        (ii) a licensed physician assistant who has been
25    delegated the performance of medical examinations by his or

 

 

HB0421 Enrolled- 155 -LRB099 05828 HAF 25872 b

1    her supervising physician; or
2        (iii) a licensed advanced practice nurse who has a
3    written collaborative agreement with a collaborating
4    physician which authorizes him or her to perform medical
5    examinations.
6(Source: P.A. 96-962, eff. 7-2-10; 97-185, eff. 7-22-11.)
 
7    Section 120. The Illinois Controlled Substances Act is
8amended by changing Sections 102 and 303.05 as follows:
 
9    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
10    Sec. 102. Definitions. As used in this Act, unless the
11context otherwise requires:
12    (a) "Addict" means any person who habitually uses any drug,
13chemical, substance or dangerous drug other than alcohol so as
14to endanger the public morals, health, safety or welfare or who
15is so far addicted to the use of a dangerous drug or controlled
16substance other than alcohol as to have lost the power of self
17control with reference to his or her addiction.
18    (b) "Administer" means the direct application of a
19controlled substance, whether by injection, inhalation,
20ingestion, or any other means, to the body of a patient,
21research subject, or animal (as defined by the Humane
22Euthanasia in Animal Shelters Act) by:
23        (1) a practitioner (or, in his or her presence, by his
24    or her authorized agent),

 

 

HB0421 Enrolled- 156 -LRB099 05828 HAF 25872 b

1        (2) the patient or research subject pursuant to an
2    order, or
3        (3) a euthanasia technician as defined by the Humane
4    Euthanasia in Animal Shelters Act.
5    (c) "Agent" means an authorized person who acts on behalf
6of or at the direction of a manufacturer, distributor,
7dispenser, prescriber, or practitioner. It does not include a
8common or contract carrier, public warehouseman or employee of
9the carrier or warehouseman.
10    (c-1) "Anabolic Steroids" means any drug or hormonal
11substance, chemically and pharmacologically related to
12testosterone (other than estrogens, progestins,
13corticosteroids, and dehydroepiandrosterone), and includes:
14    (i) 3[beta],17-dihydroxy-5a-androstane, 
15    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
16    (iii) 5[alpha]-androstan-3,17-dione, 
17    (iv) 1-androstenediol (3[beta], 
18        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
19    (v) 1-androstenediol (3[alpha], 
20        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
21    (vi) 4-androstenediol  
22        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
23    (vii) 5-androstenediol  
24        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
25    (viii) 1-androstenedione  
26        ([5alpha]-androst-1-en-3,17-dione), 

 

 

HB0421 Enrolled- 157 -LRB099 05828 HAF 25872 b

1    (ix) 4-androstenedione  
2        (androst-4-en-3,17-dione), 
3    (x) 5-androstenedione  
4        (androst-5-en-3,17-dione), 
5    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
6        hydroxyandrost-4-en-3-one), 
7    (xii) boldenone (17[beta]-hydroxyandrost- 
8        1,4,-diene-3-one), 
9    (xiii) boldione (androsta-1,4- 
10        diene-3,17-dione), 
11    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
12        [beta]-hydroxyandrost-4-en-3-one), 
13    (xv) clostebol (4-chloro-17[beta]- 
14        hydroxyandrost-4-en-3-one), 
15    (xvi) dehydrochloromethyltestosterone (4-chloro- 
16        17[beta]-hydroxy-17[alpha]-methyl- 
17        androst-1,4-dien-3-one), 
18    (xvii) desoxymethyltestosterone 
19    (17[alpha]-methyl-5[alpha] 
20        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
21    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
22        '1-testosterone') (17[beta]-hydroxy- 
23        5[alpha]-androst-1-en-3-one), 
24    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
25        androstan-3-one), 
26    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 

 

 

HB0421 Enrolled- 158 -LRB099 05828 HAF 25872 b

1        5[alpha]-androstan-3-one), 
2    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
3        hydroxyestr-4-ene), 
4    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
5        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
6    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
7        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
8    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
9        hydroxyandrostano[2,3-c]-furazan), 
10    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
11    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
12        androst-4-en-3-one), 
13    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
14        dihydroxy-estr-4-en-3-one), 
15    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
16        hydroxy-5-androstan-3-one), 
17    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
18        [5a]-androstan-3-one), 
19    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
20        hydroxyandrost-1,4-dien-3-one), 
21    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
22        dihydroxyandrost-5-ene), 
23    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
24        5[alpha]-androst-1-en-3-one), 
25    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
26        dihydroxy-5a-androstane), 

 

 

HB0421 Enrolled- 159 -LRB099 05828 HAF 25872 b

1    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
2        -5a-androstane), 
3    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
4        dihydroxyandrost-4-ene), 
5    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
6        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
7    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
8        hydroxyestra-4,9(10)-dien-3-one), 
9    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
10        hydroxyestra-4,9-11-trien-3-one), 
11    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
12        hydroxyandrost-4-en-3-one), 
13    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
14        hydroxyestr-4-en-3-one), 
15    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
16        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
17        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
18        1-testosterone'), 
19    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
20    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
21        dihydroxyestr-4-ene), 
22    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
23        dihydroxyestr-4-ene), 
24    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
25        dihydroxyestr-5-ene), 
26    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 

 

 

HB0421 Enrolled- 160 -LRB099 05828 HAF 25872 b

1        dihydroxyestr-5-ene), 
2    (xlvii) 19-nor-4,9(10)-androstadienedione  
3        (estra-4,9(10)-diene-3,17-dione), 
4    (xlviii) 19-nor-4-androstenedione (estr-4- 
5        en-3,17-dione), 
6    (xlix) 19-nor-5-androstenedione (estr-5- 
7        en-3,17-dione), 
8    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
9        hydroxygon-4-en-3-one), 
10    (li) norclostebol (4-chloro-17[beta]- 
11        hydroxyestr-4-en-3-one), 
12    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
13        hydroxyestr-4-en-3-one), 
14    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
15        hydroxyestr-4-en-3-one), 
16    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
17        2-oxa-5[alpha]-androstan-3-one), 
18    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
19        dihydroxyandrost-4-en-3-one), 
20    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
21        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
22    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
23        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
24    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
25        (5[alpha]-androst-1-en-3-one), 
26    (lix) testolactone (13-hydroxy-3-oxo-13,17- 

 

 

HB0421 Enrolled- 161 -LRB099 05828 HAF 25872 b

1        secoandrosta-1,4-dien-17-oic 
2        acid lactone), 
3    (lx) testosterone (17[beta]-hydroxyandrost- 
4        4-en-3-one), 
5    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
6        diethyl-17[beta]-hydroxygon- 
7        4,9,11-trien-3-one), 
8    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
9        11-trien-3-one). 
10    Any person who is otherwise lawfully in possession of an
11anabolic steroid, or who otherwise lawfully manufactures,
12distributes, dispenses, delivers, or possesses with intent to
13deliver an anabolic steroid, which anabolic steroid is
14expressly intended for and lawfully allowed to be administered
15through implants to livestock or other nonhuman species, and
16which is approved by the Secretary of Health and Human Services
17for such administration, and which the person intends to
18administer or have administered through such implants, shall
19not be considered to be in unauthorized possession or to
20unlawfully manufacture, distribute, dispense, deliver, or
21possess with intent to deliver such anabolic steroid for
22purposes of this Act.
23    (d) "Administration" means the Drug Enforcement
24Administration, United States Department of Justice, or its
25successor agency.
26    (d-5) "Clinical Director, Prescription Monitoring Program"

 

 

HB0421 Enrolled- 162 -LRB099 05828 HAF 25872 b

1means a Department of Human Services administrative employee
2licensed to either prescribe or dispense controlled substances
3who shall run the clinical aspects of the Department of Human
4Services Prescription Monitoring Program and its Prescription
5Information Library.
6    (d-10) "Compounding" means the preparation and mixing of
7components, excluding flavorings, (1) as the result of a
8prescriber's prescription drug order or initiative based on the
9prescriber-patient-pharmacist relationship in the course of
10professional practice or (2) for the purpose of, or incident
11to, research, teaching, or chemical analysis and not for sale
12or dispensing. "Compounding" includes the preparation of drugs
13or devices in anticipation of receiving prescription drug
14orders based on routine, regularly observed dispensing
15patterns. Commercially available products may be compounded
16for dispensing to individual patients only if both of the
17following conditions are met: (i) the commercial product is not
18reasonably available from normal distribution channels in a
19timely manner to meet the patient's needs and (ii) the
20prescribing practitioner has requested that the drug be
21compounded.
22    (e) "Control" means to add a drug or other substance, or
23immediate precursor, to a Schedule whether by transfer from
24another Schedule or otherwise.
25    (f) "Controlled Substance" means (i) a drug, substance, or
26immediate precursor in the Schedules of Article II of this Act

 

 

HB0421 Enrolled- 163 -LRB099 05828 HAF 25872 b

1or (ii) a drug or other substance, or immediate precursor,
2designated as a controlled substance by the Department through
3administrative rule. The term does not include distilled
4spirits, wine, malt beverages, or tobacco, as those terms are
5defined or used in the Liquor Control Act of 1934 and the
6Tobacco Products Tax Act of 1995.
7    (f-5) "Controlled substance analog" means a substance:
8        (1) the chemical structure of which is substantially
9    similar to the chemical structure of a controlled substance
10    in Schedule I or II;
11        (2) which has a stimulant, depressant, or
12    hallucinogenic effect on the central nervous system that is
13    substantially similar to or greater than the stimulant,
14    depressant, or hallucinogenic effect on the central
15    nervous system of a controlled substance in Schedule I or
16    II; or
17        (3) with respect to a particular person, which such
18    person represents or intends to have a stimulant,
19    depressant, or hallucinogenic effect on the central
20    nervous system that is substantially similar to or greater
21    than the stimulant, depressant, or hallucinogenic effect
22    on the central nervous system of a controlled substance in
23    Schedule I or II.
24    (g) "Counterfeit substance" means a controlled substance,
25which, or the container or labeling of which, without
26authorization bears the trademark, trade name, or other

 

 

HB0421 Enrolled- 164 -LRB099 05828 HAF 25872 b

1identifying mark, imprint, number or device, or any likeness
2thereof, of a manufacturer, distributor, or dispenser other
3than the person who in fact manufactured, distributed, or
4dispensed the substance.
5    (h) "Deliver" or "delivery" means the actual, constructive
6or attempted transfer of possession of a controlled substance,
7with or without consideration, whether or not there is an
8agency relationship.
9    (i) "Department" means the Illinois Department of Human
10Services (as successor to the Department of Alcoholism and
11Substance Abuse) or its successor agency.
12    (j) (Blank).
13    (k) "Department of Corrections" means the Department of
14Corrections of the State of Illinois or its successor agency.
15    (l) "Department of Financial and Professional Regulation"
16means the Department of Financial and Professional Regulation
17of the State of Illinois or its successor agency.
18    (m) "Depressant" means any drug that (i) causes an overall
19depression of central nervous system functions, (ii) causes
20impaired consciousness and awareness, and (iii) can be
21habit-forming or lead to a substance abuse problem, including
22but not limited to alcohol, cannabis and its active principles
23and their analogs, benzodiazepines and their analogs,
24barbiturates and their analogs, opioids (natural and
25synthetic) and their analogs, and chloral hydrate and similar
26sedative hypnotics.

 

 

HB0421 Enrolled- 165 -LRB099 05828 HAF 25872 b

1    (n) (Blank).
2    (o) "Director" means the Director of the Illinois State
3Police or his or her designated agents.
4    (p) "Dispense" means to deliver a controlled substance to
5an ultimate user or research subject by or pursuant to the
6lawful order of a prescriber, including the prescribing,
7administering, packaging, labeling, or compounding necessary
8to prepare the substance for that delivery.
9    (q) "Dispenser" means a practitioner who dispenses.
10    (r) "Distribute" means to deliver, other than by
11administering or dispensing, a controlled substance.
12    (s) "Distributor" means a person who distributes.
13    (t) "Drug" means (1) substances recognized as drugs in the
14official United States Pharmacopoeia, Official Homeopathic
15Pharmacopoeia of the United States, or official National
16Formulary, or any supplement to any of them; (2) substances
17intended for use in diagnosis, cure, mitigation, treatment, or
18prevention of disease in man or animals; (3) substances (other
19than food) intended to affect the structure of any function of
20the body of man or animals and (4) substances intended for use
21as a component of any article specified in clause (1), (2), or
22(3) of this subsection. It does not include devices or their
23components, parts, or accessories.
24    (t-5) "Euthanasia agency" means an entity certified by the
25Department of Financial and Professional Regulation for the
26purpose of animal euthanasia that holds an animal control

 

 

HB0421 Enrolled- 166 -LRB099 05828 HAF 25872 b

1facility license or animal shelter license under the Animal
2Welfare Act. A euthanasia agency is authorized to purchase,
3store, possess, and utilize Schedule II nonnarcotic and
4Schedule III nonnarcotic drugs for the sole purpose of animal
5euthanasia.
6    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
7substances (nonnarcotic controlled substances) that are used
8by a euthanasia agency for the purpose of animal euthanasia.
9    (u) "Good faith" means the prescribing or dispensing of a
10controlled substance by a practitioner in the regular course of
11professional treatment to or for any person who is under his or
12her treatment for a pathology or condition other than that
13individual's physical or psychological dependence upon or
14addiction to a controlled substance, except as provided herein:
15and application of the term to a pharmacist shall mean the
16dispensing of a controlled substance pursuant to the
17prescriber's order which in the professional judgment of the
18pharmacist is lawful. The pharmacist shall be guided by
19accepted professional standards including, but not limited to
20the following, in making the judgment:
21        (1) lack of consistency of prescriber-patient
22    relationship,
23        (2) frequency of prescriptions for same drug by one
24    prescriber for large numbers of patients,
25        (3) quantities beyond those normally prescribed,
26        (4) unusual dosages (recognizing that there may be

 

 

HB0421 Enrolled- 167 -LRB099 05828 HAF 25872 b

1    clinical circumstances where more or less than the usual
2    dose may be used legitimately),
3        (5) unusual geographic distances between patient,
4    pharmacist and prescriber,
5        (6) consistent prescribing of habit-forming drugs.
6    (u-0.5) "Hallucinogen" means a drug that causes markedly
7altered sensory perception leading to hallucinations of any
8type.
9    (u-1) "Home infusion services" means services provided by a
10pharmacy in compounding solutions for direct administration to
11a patient in a private residence, long-term care facility, or
12hospice setting by means of parenteral, intravenous,
13intramuscular, subcutaneous, or intraspinal infusion.
14    (u-5) "Illinois State Police" means the State Police of the
15State of Illinois, or its successor agency.
16    (v) "Immediate precursor" means a substance:
17        (1) which the Department has found to be and by rule
18    designated as being a principal compound used, or produced
19    primarily for use, in the manufacture of a controlled
20    substance;
21        (2) which is an immediate chemical intermediary used or
22    likely to be used in the manufacture of such controlled
23    substance; and
24        (3) the control of which is necessary to prevent,
25    curtail or limit the manufacture of such controlled
26    substance.

 

 

HB0421 Enrolled- 168 -LRB099 05828 HAF 25872 b

1    (w) "Instructional activities" means the acts of teaching,
2educating or instructing by practitioners using controlled
3substances within educational facilities approved by the State
4Board of Education or its successor agency.
5    (x) "Local authorities" means a duly organized State,
6County or Municipal peace unit or police force.
7    (y) "Look-alike substance" means a substance, other than a
8controlled substance which (1) by overall dosage unit
9appearance, including shape, color, size, markings or lack
10thereof, taste, consistency, or any other identifying physical
11characteristic of the substance, would lead a reasonable person
12to believe that the substance is a controlled substance, or (2)
13is expressly or impliedly represented to be a controlled
14substance or is distributed under circumstances which would
15lead a reasonable person to believe that the substance is a
16controlled substance. For the purpose of determining whether
17the representations made or the circumstances of the
18distribution would lead a reasonable person to believe the
19substance to be a controlled substance under this clause (2) of
20subsection (y), the court or other authority may consider the
21following factors in addition to any other factor that may be
22relevant:
23        (a) statements made by the owner or person in control
24    of the substance concerning its nature, use or effect;
25        (b) statements made to the buyer or recipient that the
26    substance may be resold for profit;

 

 

HB0421 Enrolled- 169 -LRB099 05828 HAF 25872 b

1        (c) whether the substance is packaged in a manner
2    normally used for the illegal distribution of controlled
3    substances;
4        (d) whether the distribution or attempted distribution
5    included an exchange of or demand for money or other
6    property as consideration, and whether the amount of the
7    consideration was substantially greater than the
8    reasonable retail market value of the substance.
9    Clause (1) of this subsection (y) shall not apply to a
10noncontrolled substance in its finished dosage form that was
11initially introduced into commerce prior to the initial
12introduction into commerce of a controlled substance in its
13finished dosage form which it may substantially resemble.
14    Nothing in this subsection (y) prohibits the dispensing or
15distributing of noncontrolled substances by persons authorized
16to dispense and distribute controlled substances under this
17Act, provided that such action would be deemed to be carried
18out in good faith under subsection (u) if the substances
19involved were controlled substances.
20    Nothing in this subsection (y) or in this Act prohibits the
21manufacture, preparation, propagation, compounding,
22processing, packaging, advertising or distribution of a drug or
23drugs by any person registered pursuant to Section 510 of the
24Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
25    (y-1) "Mail-order pharmacy" means a pharmacy that is
26located in a state of the United States that delivers,

 

 

HB0421 Enrolled- 170 -LRB099 05828 HAF 25872 b

1dispenses or distributes, through the United States Postal
2Service or other common carrier, to Illinois residents, any
3substance which requires a prescription.
4    (z) "Manufacture" means the production, preparation,
5propagation, compounding, conversion or processing of a
6controlled substance other than methamphetamine, either
7directly or indirectly, by extraction from substances of
8natural origin, or independently by means of chemical
9synthesis, or by a combination of extraction and chemical
10synthesis, and includes any packaging or repackaging of the
11substance or labeling of its container, except that this term
12does not include:
13        (1) by an ultimate user, the preparation or compounding
14    of a controlled substance for his or her own use; or
15        (2) by a practitioner, or his or her authorized agent
16    under his or her supervision, the preparation,
17    compounding, packaging, or labeling of a controlled
18    substance:
19            (a) as an incident to his or her administering or
20        dispensing of a controlled substance in the course of
21        his or her professional practice; or
22            (b) as an incident to lawful research, teaching or
23        chemical analysis and not for sale.
24    (z-1) (Blank).
25    (z-5) "Medication shopping" means the conduct prohibited
26under subsection (a) of Section 314.5 of this Act.

 

 

HB0421 Enrolled- 171 -LRB099 05828 HAF 25872 b

1    (z-10) "Mid-level practitioner" means (i) a physician
2assistant who has been delegated authority to prescribe through
3a written delegation of authority by a physician licensed to
4practice medicine in all of its branches, in accordance with
5Section 7.5 of the Physician Assistant Practice Act of 1987,
6(ii) an advanced practice nurse who has been delegated
7authority to prescribe through a written delegation of
8authority by a physician licensed to practice medicine in all
9of its branches or by a podiatric physician, in accordance with
10Section 65-40 of the Nurse Practice Act, (iii) an advanced
11practice nurse certified as a nurse practitioner, nurse
12midwife, or clinical nurse specialist who has been granted
13authority to prescribe by a hospital affiliate in accordance
14with Section 65-45 of the Nurse Practice Act, (iv) an animal
15euthanasia agency, or (v) (iv) a prescribing psychologist.
16    (aa) "Narcotic drug" means any of the following, whether
17produced directly or indirectly by extraction from substances
18of vegetable origin, or independently by means of chemical
19synthesis, or by a combination of extraction and chemical
20synthesis:
21        (1) opium, opiates, derivatives of opium and opiates,
22    including their isomers, esters, ethers, salts, and salts
23    of isomers, esters, and ethers, whenever the existence of
24    such isomers, esters, ethers, and salts is possible within
25    the specific chemical designation; however the term
26    "narcotic drug" does not include the isoquinoline

 

 

HB0421 Enrolled- 172 -LRB099 05828 HAF 25872 b

1    alkaloids of opium;
2        (2) (blank);
3        (3) opium poppy and poppy straw;
4        (4) coca leaves, except coca leaves and extracts of
5    coca leaves from which substantially all of the cocaine and
6    ecgonine, and their isomers, derivatives and salts, have
7    been removed;
8        (5) cocaine, its salts, optical and geometric isomers,
9    and salts of isomers;
10        (6) ecgonine, its derivatives, their salts, isomers,
11    and salts of isomers;
12        (7) any compound, mixture, or preparation which
13    contains any quantity of any of the substances referred to
14    in subparagraphs (1) through (6).
15    (bb) "Nurse" means a registered nurse licensed under the
16Nurse Practice Act.
17    (cc) (Blank).
18    (dd) "Opiate" means any substance having an addiction
19forming or addiction sustaining liability similar to morphine
20or being capable of conversion into a drug having addiction
21forming or addiction sustaining liability.
22    (ee) "Opium poppy" means the plant of the species Papaver
23somniferum L., except its seeds.
24    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
25solution or other liquid form of medication intended for
26administration by mouth, but the term does not include a form

 

 

HB0421 Enrolled- 173 -LRB099 05828 HAF 25872 b

1of medication intended for buccal, sublingual, or transmucosal
2administration.
3    (ff) "Parole and Pardon Board" means the Parole and Pardon
4Board of the State of Illinois or its successor agency.
5    (gg) "Person" means any individual, corporation,
6mail-order pharmacy, government or governmental subdivision or
7agency, business trust, estate, trust, partnership or
8association, or any other entity.
9    (hh) "Pharmacist" means any person who holds a license or
10certificate of registration as a registered pharmacist, a local
11registered pharmacist or a registered assistant pharmacist
12under the Pharmacy Practice Act.
13    (ii) "Pharmacy" means any store, ship or other place in
14which pharmacy is authorized to be practiced under the Pharmacy
15Practice Act.
16    (ii-5) "Pharmacy shopping" means the conduct prohibited
17under subsection (b) of Section 314.5 of this Act.
18    (ii-10) "Physician" (except when the context otherwise
19requires) means a person licensed to practice medicine in all
20of its branches.
21    (jj) "Poppy straw" means all parts, except the seeds, of
22the opium poppy, after mowing.
23    (kk) "Practitioner" means a physician licensed to practice
24medicine in all its branches, dentist, optometrist, podiatric
25physician, veterinarian, scientific investigator, pharmacist,
26physician assistant, advanced practice nurse, licensed

 

 

HB0421 Enrolled- 174 -LRB099 05828 HAF 25872 b

1practical nurse, registered nurse, hospital, laboratory, or
2pharmacy, or other person licensed, registered, or otherwise
3lawfully permitted by the United States or this State to
4distribute, dispense, conduct research with respect to,
5administer or use in teaching or chemical analysis, a
6controlled substance in the course of professional practice or
7research.
8    (ll) "Pre-printed prescription" means a written
9prescription upon which the designated drug has been indicated
10prior to the time of issuance; the term does not mean a written
11prescription that is individually generated by machine or
12computer in the prescriber's office.
13    (mm) "Prescriber" means a physician licensed to practice
14medicine in all its branches, dentist, optometrist,
15prescribing psychologist licensed under Section 4.2 of the
16Clinical Psychologist Licensing Act with prescriptive
17authority delegated under Section 4.3 of the Clinical
18Psychologist Licensing Act, podiatric physician, or
19veterinarian who issues a prescription, a physician assistant
20who issues a prescription for a controlled substance in
21accordance with Section 303.05, a written delegation, and a
22written supervision agreement required under Section 7.5 of the
23Physician Assistant Practice Act of 1987, or an advanced
24practice nurse with prescriptive authority delegated under
25Section 65-40 of the Nurse Practice Act and in accordance with
26Section 303.05, a written delegation, and a written

 

 

HB0421 Enrolled- 175 -LRB099 05828 HAF 25872 b

1collaborative agreement under Section 65-35 of the Nurse
2Practice Act, or an advanced practice nurse certified as a
3nurse practitioner, nurse midwife, or clinical nurse
4specialist who has been granted authority to prescribe by a
5hospital affiliate in accordance with Section 65-45 of the
6Nurse Practice Act and in accordance with Section 303.05.
7    (nn) "Prescription" means a written, facsimile, or oral
8order, or an electronic order that complies with applicable
9federal requirements, of a physician licensed to practice
10medicine in all its branches, dentist, podiatric physician or
11veterinarian for any controlled substance, of an optometrist
12for a Schedule II, III, IV, or V controlled substance in
13accordance with Section 15.1 of the Illinois Optometric
14Practice Act of 1987, of a prescribing psychologist licensed
15under Section 4.2 of the Clinical Psychologist Licensing Act
16with prescriptive authority delegated under Section 4.3 of the
17Clinical Psychologist Licensing Act, of a physician assistant
18for a controlled substance in accordance with Section 303.05, a
19written delegation, and a written supervision agreement
20required under Section 7.5 of the Physician Assistant Practice
21Act of 1987, or of an advanced practice nurse with prescriptive
22authority delegated under Section 65-40 of the Nurse Practice
23Act who issues a prescription for a controlled substance in
24accordance with Section 303.05, a written delegation, and a
25written collaborative agreement under Section 65-35 of the
26Nurse Practice Act, or of an advanced practice nurse certified

 

 

HB0421 Enrolled- 176 -LRB099 05828 HAF 25872 b

1as a nurse practitioner, nurse midwife, or clinical nurse
2specialist who has been granted authority to prescribe by a
3hospital affiliate in accordance with Section 65-45 of the
4Nurse Practice Act and in accordance with Section 303.05 when
5required by law.
6    (nn-5) "Prescription Information Library" (PIL) means an
7electronic library that contains reported controlled substance
8data.
9    (nn-10) "Prescription Monitoring Program" (PMP) means the
10entity that collects, tracks, and stores reported data on
11controlled substances and select drugs pursuant to Section 316.
12    (oo) "Production" or "produce" means manufacture,
13planting, cultivating, growing, or harvesting of a controlled
14substance other than methamphetamine.
15    (pp) "Registrant" means every person who is required to
16register under Section 302 of this Act.
17    (qq) "Registry number" means the number assigned to each
18person authorized to handle controlled substances under the
19laws of the United States and of this State.
20    (qq-5) "Secretary" means, as the context requires, either
21the Secretary of the Department or the Secretary of the
22Department of Financial and Professional Regulation, and the
23Secretary's designated agents.
24    (rr) "State" includes the State of Illinois and any state,
25district, commonwealth, territory, insular possession thereof,
26and any area subject to the legal authority of the United

 

 

HB0421 Enrolled- 177 -LRB099 05828 HAF 25872 b

1States of America.
2    (rr-5) "Stimulant" means any drug that (i) causes an
3overall excitation of central nervous system functions, (ii)
4causes impaired consciousness and awareness, and (iii) can be
5habit-forming or lead to a substance abuse problem, including
6but not limited to amphetamines and their analogs,
7methylphenidate and its analogs, cocaine, and phencyclidine
8and its analogs.
9    (ss) "Ultimate user" means a person who lawfully possesses
10a controlled substance for his or her own use or for the use of
11a member of his or her household or for administering to an
12animal owned by him or her or by a member of his or her
13household.
14(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668,
15eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14;
16revised 10-1-14.)
 
17    (720 ILCS 570/303.05)
18    Sec. 303.05. Mid-level practitioner registration.
19    (a) The Department of Financial and Professional
20Regulation shall register licensed physician assistants,
21licensed advanced practice nurses, and prescribing
22psychologists licensed under Section 4.2 of the Clinical
23Psychologist Licensing Act to prescribe and dispense
24controlled substances under Section 303 and euthanasia
25agencies to purchase, store, or administer animal euthanasia

 

 

HB0421 Enrolled- 178 -LRB099 05828 HAF 25872 b

1drugs under the following circumstances:
2        (1) with respect to physician assistants,
3            (A) the physician assistant has been delegated
4        written authority to prescribe any Schedule III
5        through V controlled substances by a physician
6        licensed to practice medicine in all its branches in
7        accordance with Section 7.5 of the Physician Assistant
8        Practice Act of 1987; and the physician assistant has
9        completed the appropriate application forms and has
10        paid the required fees as set by rule; or
11            (B) the physician assistant has been delegated
12        authority by a supervising physician licensed to
13        practice medicine in all its branches to prescribe or
14        dispense Schedule II controlled substances through a
15        written delegation of authority and under the
16        following conditions:
17                (i) Specific Schedule II controlled substances
18            by oral dosage or topical or transdermal
19            application may be delegated, provided that the
20            delegated Schedule II controlled substances are
21            routinely prescribed by the supervising physician.
22            This delegation must identify the specific
23            Schedule II controlled substances by either brand
24            name or generic name. Schedule II controlled
25            substances to be delivered by injection or other
26            route of administration may not be delegated;

 

 

HB0421 Enrolled- 179 -LRB099 05828 HAF 25872 b

1                (ii) any delegation must be of controlled
2            substances prescribed by the supervising
3            physician;
4                (iii) all prescriptions must be limited to no
5            more than a 30-day supply, with any continuation
6            authorized only after prior approval of the
7            supervising physician;
8                (iv) the physician assistant must discuss the
9            condition of any patients for whom a controlled
10            substance is prescribed monthly with the
11            delegating physician;
12                (v) the physician assistant must have
13            completed the appropriate application forms and
14            paid the required fees as set by rule;
15                (vi) the physician assistant must provide
16            evidence of satisfactory completion of 45 contact
17            hours in pharmacology from any physician assistant
18            program accredited by the Accreditation Review
19            Commission on Education for the Physician
20            Assistant (ARC-PA), or its predecessor agency, for
21            any new license issued with Schedule II authority
22            after the effective date of this amendatory Act of
23            the 97th General Assembly; and
24                (vii) the physician assistant must annually
25            complete at least 5 hours of continuing education
26            in pharmacology;

 

 

HB0421 Enrolled- 180 -LRB099 05828 HAF 25872 b

1        (2) with respect to advanced practice nurses,
2            (A) the advanced practice nurse has been delegated
3        authority to prescribe any Schedule III through V
4        controlled substances by a collaborating physician
5        licensed to practice medicine in all its branches or a
6        collaborating podiatric physician in accordance with
7        Section 65-40 of the Nurse Practice Act. The advanced
8        practice nurse has completed the appropriate
9        application forms and has paid the required fees as set
10        by rule; or
11            (B) the advanced practice nurse has been delegated
12        authority by a collaborating physician licensed to
13        practice medicine in all its branches or collaborating
14        podiatric physician to prescribe or dispense Schedule
15        II controlled substances through a written delegation
16        of authority and under the following conditions:
17                (i) specific Schedule II controlled substances
18            by oral dosage or topical or transdermal
19            application may be delegated, provided that the
20            delegated Schedule II controlled substances are
21            routinely prescribed by the collaborating
22            physician or podiatric physician. This delegation
23            must identify the specific Schedule II controlled
24            substances by either brand name or generic name.
25            Schedule II controlled substances to be delivered
26            by injection or other route of administration may

 

 

HB0421 Enrolled- 181 -LRB099 05828 HAF 25872 b

1            not be delegated;
2                (ii) any delegation must be of controlled
3            substances prescribed by the collaborating
4            physician or podiatric physician;
5                (iii) all prescriptions must be limited to no
6            more than a 30-day supply, with any continuation
7            authorized only after prior approval of the
8            collaborating physician or podiatric physician;
9                (iv) the advanced practice nurse must discuss
10            the condition of any patients for whom a controlled
11            substance is prescribed monthly with the
12            delegating physician or podiatric physician or in
13            the course of review as required by Section 65-40
14            of the Nurse Practice Act;
15                (v) the advanced practice nurse must have
16            completed the appropriate application forms and
17            paid the required fees as set by rule;
18                (vi) the advanced practice nurse must provide
19            evidence of satisfactory completion of at least 45
20            graduate contact hours in pharmacology for any new
21            license issued with Schedule II authority after
22            the effective date of this amendatory Act of the
23            97th General Assembly; and
24                (vii) the advanced practice nurse must
25            annually complete 5 hours of continuing education
26            in pharmacology;

 

 

HB0421 Enrolled- 182 -LRB099 05828 HAF 25872 b

1        (2.5) with respect to advanced practice nurses
2    certified as nurse practitioners, nurse midwives, or
3    clinical nurse specialists practicing in a hospital
4    affiliate,
5            (A) the advanced practice nurse certified as a
6        nurse practitioner, nurse midwife, or clinical nurse
7        specialist has been granted authority to prescribe any
8        Schedule II through V controlled substances by the
9        hospital affiliate upon the recommendation of the
10        appropriate physician committee of the hospital
11        affiliate in accordance with Section 65-45 of the Nurse
12        Practice Act, has completed the appropriate
13        application forms, and has paid the required fees as
14        set by rule; and
15            (B) an advanced practice nurse certified as a nurse
16        practitioner, nurse midwife, or clinical nurse
17        specialist has been granted authority to prescribe any
18        Schedule II controlled substances by the hospital
19        affiliate upon the recommendation of the appropriate
20        physician committee of the hospital affiliate, then
21        the following conditions must be met:
22                (i) specific Schedule II controlled substances
23            by oral dosage or topical or transdermal
24            application may be designated, provided that the
25            designated Schedule II controlled substances are
26            routinely prescribed by advanced practice nurses

 

 

HB0421 Enrolled- 183 -LRB099 05828 HAF 25872 b

1            in their area of certification; this grant of
2            authority must identify the specific Schedule II
3            controlled substances by either brand name or
4            generic name; authority to prescribe or dispense
5            Schedule II controlled substances to be delivered
6            by injection or other route of administration may
7            not be granted;
8                (ii) any grant of authority must be controlled
9            substances limited to the practice of the advanced
10            practice nurse;
11                (iii) any prescription must be limited to no
12            more than a 30-day supply;
13                (iv) the advanced practice nurse must discuss
14            the condition of any patients for whom a controlled
15            substance is prescribed monthly with the
16            appropriate physician committee of the hospital
17            affiliate or its physician designee; and
18                (v) the advanced practice nurse must meet the
19            education requirements of this Section;
20        (3) with respect to animal euthanasia agencies, the
21    euthanasia agency has obtained a license from the
22    Department of Financial and Professional Regulation and
23    obtained a registration number from the Department; or
24        (4) with respect to prescribing psychologists, the
25    prescribing psychologist has been delegated authority to
26    prescribe any nonnarcotic Schedule III through V

 

 

HB0421 Enrolled- 184 -LRB099 05828 HAF 25872 b

1    controlled substances by a collaborating physician
2    licensed to practice medicine in all its branches in
3    accordance with Section 4.3 of the Clinical Psychologist
4    Licensing Act, and the prescribing psychologist has
5    completed the appropriate application forms and has paid
6    the required fees as set by rule.
7    (b) The mid-level practitioner shall only be licensed to
8prescribe those schedules of controlled substances for which a
9licensed physician or licensed podiatric physician has
10delegated prescriptive authority, except that an animal
11euthanasia agency does not have any prescriptive authority. A
12physician assistant and an advanced practice nurse are
13prohibited from prescribing medications and controlled
14substances not set forth in the required written delegation of
15authority.
16    (c) Upon completion of all registration requirements,
17physician assistants, advanced practice nurses, and animal
18euthanasia agencies may be issued a mid-level practitioner
19controlled substances license for Illinois.
20    (d) A collaborating physician or podiatric physician may,
21but is not required to, delegate prescriptive authority to an
22advanced practice nurse as part of a written collaborative
23agreement, and the delegation of prescriptive authority shall
24conform to the requirements of Section 65-40 of the Nurse
25Practice Act.
26    (e) A supervising physician may, but is not required to,

 

 

HB0421 Enrolled- 185 -LRB099 05828 HAF 25872 b

1delegate prescriptive authority to a physician assistant as
2part of a written supervision agreement, and the delegation of
3prescriptive authority shall conform to the requirements of
4Section 7.5 of the Physician Assistant Practice Act of 1987.
5    (f) Nothing in this Section shall be construed to prohibit
6generic substitution.
7(Source: P.A. 97-334, eff. 1-1-12; 97-358, eff. 8-12-11;
897-813, eff. 7-13-12; 98-214, eff. 8-9-13; 98-668, eff.
96-25-14.)
 
10    Section 999. Effective date. This Act takes effect upon
11becoming law.