Illinois General Assembly - Full Text of SB3127
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Full Text of SB3127  102nd General Assembly




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1    AN ACT concerning emergency services.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Commemorative Dates Act is amended by
5changing Section 148 as follows:
6    (5 ILCS 490/148)
7    Sec. 148. First Responder Mental Health Awareness Day. The
8third Friday in May of each year is designated as First
9Responder Mental Health Awareness Day, to be observed
10throughout the State as a day to honor firefighters, police
11officers, emergency medical dispatchers, and other first
12responders who have lost their lives due to and suffer from
13post-traumatic stress disorder, depression, and other mental
14health issues.
15(Source: P.A. 100-900, eff. 1-1-19.)
16    Section 10. The Department of Public Health Powers and
17Duties Law of the Civil Administrative Code of Illinois is
18amended by changing Section 2310-256 as follows:
19    (20 ILCS 2310/2310-256)
20    Sec. 2310-256. Public information campaign; statewide
21response plans. The Department shall, whenever the State is



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1required by the federal government to implement a statewide
2response plan to a national public health threat, conduct an
3information campaign for the general public and for medical
4professionals concerning the need for public participation in
5the plan, the risks involved in inoculation or treatment, any
6advisories concerning the need for medical consultation before
7receiving inoculation or treatment, and the rights and
8responsibilities of the general public, medical professionals,
9and first responders, including, but not limited to, emergency
10medical dispatchers, regarding the provision and receipt of
11inoculation and treatment under the response plan.
12(Source: P.A. 93-161, eff. 7-10-03.)
13    Section 15. The School Code is amended by changing Section
1422-80 as follows:
15    (105 ILCS 5/22-80)
16    Sec. 22-80. Student athletes; concussions and head
18    (a) The General Assembly recognizes all of the following:
19        (1) Concussions are one of the most commonly reported
20    injuries in children and adolescents who participate in
21    sports and recreational activities. The Centers for
22    Disease Control and Prevention estimates that as many as
23    3,900,000 sports-related and recreation-related
24    concussions occur in the United States each year. A



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1    concussion is caused by a blow or motion to the head or
2    body that causes the brain to move rapidly inside the
3    skull. The risk of catastrophic injuries or death is
4    significant when a concussion or head injury is not
5    properly evaluated and managed.
6        (2) Concussions are a type of brain injury that can
7    range from mild to severe and can disrupt the way the brain
8    normally works. Concussions can occur in any organized or
9    unorganized sport or recreational activity and can result
10    from a fall or from players colliding with each other, the
11    ground, or with obstacles. Concussions occur with or
12    without loss of consciousness, but the vast majority of
13    concussions occur without loss of consciousness.
14        (3) Continuing to play with a concussion or symptoms
15    of a head injury leaves a young athlete especially
16    vulnerable to greater injury and even death. The General
17    Assembly recognizes that, despite having generally
18    recognized return-to-play standards for concussions and
19    head injuries, some affected youth athletes are
20    prematurely returned to play, resulting in actual or
21    potential physical injury or death to youth athletes in
22    this State.
23        (4) Student athletes who have sustained a concussion
24    may need informal or formal accommodations, modifications
25    of curriculum, and monitoring by medical or academic staff
26    until the student is fully recovered. To that end, all



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1    schools are encouraged to establish a return-to-learn
2    protocol that is based on peer-reviewed scientific
3    evidence consistent with Centers for Disease Control and
4    Prevention guidelines and conduct baseline testing for
5    student athletes.
6    (b) In this Section:
7    "Athletic trainer" means an athletic trainer licensed
8under the Illinois Athletic Trainers Practice Act who is
9working under the supervision of a physician.
10    "Coach" means any volunteer or employee of a school who is
11responsible for organizing and supervising students to teach
12them or train them in the fundamental skills of an
13interscholastic athletic activity. "Coach" refers to both head
14coaches and assistant coaches.
15    "Concussion" means a complex pathophysiological process
16affecting the brain caused by a traumatic physical force or
17impact to the head or body, which may include temporary or
18prolonged altered brain function resulting in physical,
19cognitive, or emotional symptoms or altered sleep patterns and
20which may or may not involve a loss of consciousness.
21    "Department" means the Department of Financial and
22Professional Regulation.
23    "Game official" means a person who officiates at an
24interscholastic athletic activity, such as a referee or
25umpire, including, but not limited to, persons enrolled as
26game officials by the Illinois High School Association or



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1Illinois Elementary School Association.
2    "Interscholastic athletic activity" means any organized
3school-sponsored or school-sanctioned activity for students,
4generally outside of school instructional hours, under the
5direction of a coach, athletic director, or band leader,
6including, but not limited to, baseball, basketball,
7cheerleading, cross country track, fencing, field hockey,
8football, golf, gymnastics, ice hockey, lacrosse, marching
9band, rugby, soccer, skating, softball, swimming and diving,
10tennis, track (indoor and outdoor), ultimate Frisbee,
11volleyball, water polo, and wrestling. All interscholastic
12athletics are deemed to be interscholastic activities.
13    "Licensed healthcare professional" means a person who has
14experience with concussion management and who is a nurse, a
15psychologist who holds a license under the Clinical
16Psychologist Licensing Act and specializes in the practice of
17neuropsychology, a physical therapist licensed under the
18Illinois Physical Therapy Act, an occupational therapist
19licensed under the Illinois Occupational Therapy Practice Act,
20a physician assistant, or an athletic trainer.
21    "Nurse" means a person who is employed by or volunteers at
22a school and is licensed under the Nurse Practice Act as a
23registered nurse, practical nurse, or advanced practice
24registered nurse.
25    "Physician" means a physician licensed to practice
26medicine in all of its branches under the Medical Practice Act



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1of 1987.
2    "Physician assistant" means a physician assistant licensed
3under the Physician Assistant Practice Act of 1987.
4    "School" means any public or private elementary or
5secondary school, including a charter school.
6    "Student" means an adolescent or child enrolled in a
8    (c) This Section applies to any interscholastic athletic
9activity, including practice and competition, sponsored or
10sanctioned by a school, the Illinois Elementary School
11Association, or the Illinois High School Association. This
12Section applies beginning with the 2016-2017 school year.
13    (d) The governing body of each public or charter school
14and the appropriate administrative officer of a private school
15with students enrolled who participate in an interscholastic
16athletic activity shall appoint or approve a concussion
17oversight team. Each concussion oversight team shall establish
18a return-to-play protocol, based on peer-reviewed scientific
19evidence consistent with Centers for Disease Control and
20Prevention guidelines, for a student's return to
21interscholastic athletics practice or competition following a
22force or impact believed to have caused a concussion. Each
23concussion oversight team shall also establish a
24return-to-learn protocol, based on peer-reviewed scientific
25evidence consistent with Centers for Disease Control and
26Prevention guidelines, for a student's return to the classroom



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1after that student is believed to have experienced a
2concussion, whether or not the concussion took place while the
3student was participating in an interscholastic athletic
5    Each concussion oversight team must include to the extent
6practicable at least one physician. If a school employs an
7athletic trainer, the athletic trainer must be a member of the
8school concussion oversight team to the extent practicable. If
9a school employs a nurse, the nurse must be a member of the
10school concussion oversight team to the extent practicable. At
11a minimum, a school shall appoint a person who is responsible
12for implementing and complying with the return-to-play and
13return-to-learn protocols adopted by the concussion oversight
14team. At a minimum, a concussion oversight team may be
15composed of only one person and this person need not be a
16licensed healthcare professional, but it may not be a coach. A
17school may appoint other licensed healthcare professionals to
18serve on the concussion oversight team.
19    (e) A student may not participate in an interscholastic
20athletic activity for a school year until the student and the
21student's parent or guardian or another person with legal
22authority to make medical decisions for the student have
23signed a form for that school year that acknowledges receiving
24and reading written information that explains concussion
25prevention, symptoms, treatment, and oversight and that
26includes guidelines for safely resuming participation in an



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1athletic activity following a concussion. The form must be
2approved by the Illinois High School Association.
3    (f) A student must be removed from an interscholastic
4athletics practice or competition immediately if one of the
5following persons believes the student might have sustained a
6concussion during the practice or competition:
7        (1) a coach;
8        (2) a physician;
9        (3) a game official;
10        (4) an athletic trainer;
11        (5) the student's parent or guardian or another person
12    with legal authority to make medical decisions for the
13    student;
14        (6) the student; or
15        (7) any other person deemed appropriate under the
16    school's return-to-play protocol.
17    (g) A student removed from an interscholastic athletics
18practice or competition under this Section may not be
19permitted to practice or compete again following the force or
20impact believed to have caused the concussion until:
21        (1) the student has been evaluated, using established
22    medical protocols based on peer-reviewed scientific
23    evidence consistent with Centers for Disease Control and
24    Prevention guidelines, by a treating physician (chosen by
25    the student or the student's parent or guardian or another
26    person with legal authority to make medical decisions for



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1    the student), an athletic trainer, an advanced practice
2    registered nurse, or a physician assistant;
3        (2) the student has successfully completed each
4    requirement of the return-to-play protocol established
5    under this Section necessary for the student to return to
6    play;
7        (3) the student has successfully completed each
8    requirement of the return-to-learn protocol established
9    under this Section necessary for the student to return to
10    learn;
11        (4) the treating physician, the athletic trainer, or
12    the physician assistant has provided a written statement
13    indicating that, in the physician's professional judgment,
14    it is safe for the student to return to play and return to
15    learn or the treating advanced practice registered nurse
16    has provided a written statement indicating that it is
17    safe for the student to return to play and return to learn;
18    and
19        (5) the student and the student's parent or guardian
20    or another person with legal authority to make medical
21    decisions for the student:
22            (A) have acknowledged that the student has
23        completed the requirements of the return-to-play and
24        return-to-learn protocols necessary for the student to
25        return to play;
26            (B) have provided the treating physician's,



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1        athletic trainer's, advanced practice registered
2        nurse's, or physician assistant's written statement
3        under subdivision (4) of this subsection (g) to the
4        person responsible for compliance with the
5        return-to-play and return-to-learn protocols under
6        this subsection (g) and the person who has supervisory
7        responsibilities under this subsection (g); and
8            (C) have signed a consent form indicating that the
9        person signing:
10                (i) has been informed concerning and consents
11            to the student participating in returning to play
12            in accordance with the return-to-play and
13            return-to-learn protocols;
14                (ii) understands the risks associated with the
15            student returning to play and returning to learn
16            and will comply with any ongoing requirements in
17            the return-to-play and return-to-learn protocols;
18            and
19                (iii) consents to the disclosure to
20            appropriate persons, consistent with the federal
21            Health Insurance Portability and Accountability
22            Act of 1996 (Public Law 104-191), of the treating
23            physician's, athletic trainer's, physician
24            assistant's, or advanced practice registered
25            nurse's written statement under subdivision (4) of
26            this subsection (g) and, if any, the



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1            return-to-play and return-to-learn
2            recommendations of the treating physician, the
3            athletic trainer, the physician assistant, or the
4            advanced practice registered nurse, as the case
5            may be.
6    A coach of an interscholastic athletics team may not
7authorize a student's return to play or return to learn.
8    The district superintendent or the superintendent's
9designee in the case of a public elementary or secondary
10school, the chief school administrator or that person's
11designee in the case of a charter school, or the appropriate
12administrative officer or that person's designee in the case
13of a private school shall supervise an athletic trainer or
14other person responsible for compliance with the
15return-to-play protocol and shall supervise the person
16responsible for compliance with the return-to-learn protocol.
17The person who has supervisory responsibilities under this
18paragraph may not be a coach of an interscholastic athletics
20    (h)(1) The Illinois High School Association shall approve,
21for coaches, game officials, and non-licensed healthcare
22professionals, training courses that provide for not less than
232 hours of training in the subject matter of concussions,
24including evaluation, prevention, symptoms, risks, and
25long-term effects. The Association shall maintain an updated
26list of individuals and organizations authorized by the



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1Association to provide the training.
2    (2) The following persons must take a training course in
3accordance with paragraph (4) of this subsection (h) from an
4authorized training provider at least once every 2 years:
5        (A) a coach of an interscholastic athletic activity;
6        (B) a nurse, licensed healthcare professional, or
7    non-licensed healthcare professional who serves as a
8    member of a concussion oversight team either on a
9    volunteer basis or in his or her capacity as an employee,
10    representative, or agent of a school; and
11        (C) a game official of an interscholastic athletic
12    activity.
13    (3) A physician who serves as a member of a concussion
14oversight team shall, to the greatest extent practicable,
15periodically take an appropriate continuing medical education
16course in the subject matter of concussions.
17    (4) For purposes of paragraph (2) of this subsection (h):
18        (A) a coach, game official, or non-licensed healthcare
19    professional, as the case may be, must take a course
20    described in paragraph (1) of this subsection (h);
21        (B) an athletic trainer must take a concussion-related
22    continuing education course from an athletic trainer
23    continuing education sponsor approved by the Department;
24        (C) a nurse must take a concussion-related continuing
25    education course from a nurse continuing education sponsor
26    approved by the Department;



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1        (D) a physical therapist must take a
2    concussion-related continuing education course from a
3    physical therapist continuing education sponsor approved
4    by the Department;
5        (E) a psychologist must take a concussion-related
6    continuing education course from a psychologist continuing
7    education sponsor approved by the Department;
8        (F) an occupational therapist must take a
9    concussion-related continuing education course from an
10    occupational therapist continuing education sponsor
11    approved by the Department; and
12        (G) a physician assistant must take a
13    concussion-related continuing education course from a
14    physician assistant continuing education sponsor approved
15    by the Department.
16    (5) Each person described in paragraph (2) of this
17subsection (h) must submit proof of timely completion of an
18approved course in compliance with paragraph (4) of this
19subsection (h) to the district superintendent or the
20superintendent's designee in the case of a public elementary
21or secondary school, the chief school administrator or that
22person's designee in the case of a charter school, or the
23appropriate administrative officer or that person's designee
24in the case of a private school.
25    (6) A physician, licensed healthcare professional, or
26non-licensed healthcare professional who is not in compliance



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1with the training requirements under this subsection (h) may
2not serve on a concussion oversight team in any capacity.
3    (7) A person required under this subsection (h) to take a
4training course in the subject of concussions must complete
5the training prior to serving on a concussion oversight team
6in any capacity.
7    (i) The governing body of each public or charter school
8and the appropriate administrative officer of a private school
9with students enrolled who participate in an interscholastic
10athletic activity shall develop a school-specific emergency
11action plan for interscholastic athletic activities to address
12the serious injuries and acute medical conditions in which the
13condition of the student may deteriorate rapidly. The plan
14shall include a delineation of roles, methods of
15communication, available emergency equipment, and access to
16and a plan for emergency transport. This emergency action plan
17must be:
18        (1) in writing;
19        (2) reviewed by the concussion oversight team;
20        (3) approved by the district superintendent or the
21    superintendent's designee in the case of a public
22    elementary or secondary school, the chief school
23    administrator or that person's designee in the case of a
24    charter school, or the appropriate administrative officer
25    or that person's designee in the case of a private school;
26        (4) distributed to all appropriate personnel;



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1        (5) posted conspicuously at all venues utilized by the
2    school; and
3        (6) reviewed annually by all athletic trainers, first
4    responders (including, but not limited to, emergency
5    medical dispatchers), coaches, school nurses, athletic
6    directors, and volunteers for interscholastic athletic
7    activities.
8    (j) The State Board of Education shall adopt rules as
9necessary to administer this Section, including, but not
10limited to, rules governing the informal or formal
11accommodation of a student who may have sustained a concussion
12during an interscholastic athletic activity.
13(Source: P.A. 100-309, eff. 9-1-17; 100-513, eff. 1-1-18;
14100-747, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81, eff.
16    Section 20. The School Safety Drill Act is amended by
17changing Section 5 as follows:
18    (105 ILCS 128/5)
19    Sec. 5. Definitions. In this Act:
20    "First responder" means and includes all fire departments
21and districts, law enforcement agencies and officials,
22emergency medical responders, emergency medical dispatchers,
23and emergency management officials involved in the execution
24and documentation of the drills administered under this Act.



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1    "School" means a public or private facility that offers
2elementary or secondary education to students under the age of
321. As used in this definition, "public facility" means a
4facility operated by the State or by a unit of local
5government. As used in this definition, "private facility"
6means any non-profit, non-home-based, non-public elementary or
7secondary school that is in compliance with Title VI of the
8Civil Rights Act of 1964 and attendance at which satisfies the
9requirements of Section 26-1 of the School Code. While more
10than one school may be housed in a facility, for purposes of
11this Act, the facility shall be considered a school. When a
12school has more than one location, for purposes of this Act,
13each different location shall be considered its own school.
14    "School safety drill" means a pre-planned exercise
15conducted by a school in accordance with the drills and
16requirements set forth in this Act.
17(Source: P.A. 94-600, eff. 8-16-05.)
18    Section 25. The Suicide Prevention, Education, and
19Treatment Act is amended by changing Section 15 as follows:
20    (410 ILCS 53/15)
21    Sec. 15. Suicide Prevention Alliance.
22    (a) The Alliance is created as the official grassroots
23creator, planner, monitor, and advocate for the Illinois
24Suicide Prevention Strategic Plan. No later than one year



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1after the effective date of this amendatory Act of the 101st
2General Assembly, the Alliance shall review, finalize, and
3submit to the Governor and the General Assembly the 2020
4Illinois Suicide Prevention Strategic Plan and appropriate
5processes and outcome objectives for 10 overriding
6recommendations and a timeline for reaching these objectives.
7    (b) The Plan shall include:
8        (1) recommendations from the most current National
9    Suicide Prevention Strategy;
10        (2) current research and experience into the
11    prevention of suicide;
12        (3) measures to encourage and assist health care
13    systems and primary care providers to include suicide
14    prevention as a core component of their services,
15    including, but not limited to, implementing the Zero
16    Suicide model; and
17        (4) additional elements as determined appropriate by
18    the Alliance.
19    The Alliance shall review the statutorily prescribed
20missions of major State mental health, health, aging, and
21school mental health programs and recommend, as necessary and
22appropriate, statutory changes to include suicide prevention
23in the missions and procedures of those programs. The Alliance
24shall prepare a report of that review, including its
25recommendations, and shall submit the report to the Department
26for inclusion in its annual report to the Governor and the



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1General Assembly.
2    (c) The Director of Public Health shall appoint the
3members of the Alliance. The membership of the Alliance shall
4include, without limitation, representatives of statewide
5organizations and other agencies that focus on the prevention
6of suicide and the improvement of mental health treatment or
7that provide suicide prevention or survivor support services.
8Other disciplines that shall be considered for membership on
9the Alliance include law enforcement, first responders
10(including, but not limited to, emergency medical
11dispatchers), faith-based community leaders, universities, and
12survivors of suicide (families and friends who have lost
13persons to suicide) as well as consumers of services of these
14agencies and organizations.
15    (d) The Alliance shall meet at least 4 times a year, and
16more as deemed necessary, in various sites statewide in order
17to foster as much participation as possible. The Alliance, a
18steering committee, and core members of the full committee
19shall monitor and guide the definition and direction of the
20goals of the full Alliance, shall review and approve
21productions of the plan, and shall meet before the full
22Alliance meetings.
23(Source: P.A. 101-331, eff. 8-9-19.)
24    Section 30. The Cannabis Regulation and Tax Act is amended
25by changing Section 5-25 as follows:



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1    (410 ILCS 705/5-25)
2    Sec. 5-25. Department of Public Health to make health
3warning recommendations.
4    (a) The Department of Public Health shall make
5recommendations to the Department of Agriculture and the
6Department of Financial and Professional Regulation on
7appropriate health warnings for dispensaries and advertising,
8which may apply to all cannabis products, including item-type
9specific labeling or warning requirements, regulate the
10facility where cannabis-infused products are made, regulate
11cannabis-infused products as provided in subsection (e) of
12Section 55-5, and facilitate the Adult Use Cannabis Health
13Advisory Committee.
14    (b) An Adult Use Cannabis Health Advisory Committee is
15hereby created and shall meet at least twice annually. The
16Chairperson may schedule meetings more frequently upon his or
17her initiative or upon the request of a Committee member.
18Meetings may be held in person or by teleconference. The
19Committee shall discuss and monitor changes in drug use data
20in Illinois and the emerging science and medical information
21relevant to the health effects associated with cannabis use
22and may provide recommendations to the Department of Human
23Services about public health awareness campaigns and messages.
24The Committee shall include the following members appointed by
25the Governor and shall represent the geographic, ethnic, and



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1racial diversity of the State:
2        (1) The Director of Public Health, or his or her
3    designee, who shall serve as the Chairperson.
4        (2) The Secretary of Human Services, or his or her
5    designee, who shall serve as the Co-Chairperson.
6        (3) A representative of the poison control center.
7        (4) A pharmacologist.
8        (5) A pulmonologist.
9        (6) An emergency room physician.
10        (7) An emergency medical technician, paramedic,
11    emergency medical dispatcher, or other first responder.
12        (8) A nurse practicing in a school-based setting.
13        (9) A psychologist.
14        (10) A neonatologist.
15        (11) An obstetrician-gynecologist.
16        (12) A drug epidemiologist.
17        (13) A medical toxicologist.
18        (14) An addiction psychiatrist.
19        (15) A pediatrician.
20        (16) A representative of a statewide professional
21    public health organization.
22        (17) A representative of a statewide hospital/health
23    system association.
24        (18) An individual registered as a patient in the
25    Compassionate Use of Medical Cannabis Program.
26        (19) An individual registered as a caregiver in the



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1    Compassionate Use of Medical Cannabis Program.
2        (20) A representative of an organization focusing on
3    cannabis-related policy.
4        (21) A representative of an organization focusing on
5    the civil liberties of individuals who reside in Illinois.
6        (22) A representative of the criminal defense or civil
7    aid community of attorneys serving Disproportionately
8    Impacted Areas.
9        (23) A representative of licensed cannabis business
10    establishments.
11        (24) A Social Equity Applicant.
12        (25) A representative of a statewide community-based
13    substance use disorder treatment provider association.
14        (26) A representative of a statewide community-based
15    mental health treatment provider association.
16        (27) A representative of a community-based substance
17    use disorder treatment provider.
18        (28) A representative of a community-based mental
19    health treatment provider.
20        (29) A substance use disorder treatment patient
21    representative.
22        (30) A mental health treatment patient representative.
23    (c) The Committee shall provide a report by September 30,
242021, and every year thereafter, to the General Assembly. The
25Department of Public Health shall make the report available on
26its website.



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1(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
2    Section 35. The Methamphetamine Precursor Control Act is
3amended by changing Section 5 as follows:
4    (720 ILCS 648/5)
5    Sec. 5. Purpose. The purpose of this Act is to reduce the
6harm that methamphetamine manufacturing and manufacturers are
7inflicting on individuals, families, communities, first
8responders (including, but not limited to, emergency medical
9dispatchers), the economy, and the environment in Illinois, by
10making it more difficult for persons engaged in the unlawful
11manufacture of methamphetamine and related activities to
12obtain methamphetamine's essential ingredient, ephedrine or
13pseudoephedrine. It is the intent of the General Assembly that
14this Act operate in tandem with and be interpreted as
15consistent with federal laws and regulations relating to the
16subject matter of this Act to the greatest extent possible.
17(Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
18    Section 40. The Mental Health Court Treatment Act is
19amended by changing Section 40 as follows:
20    (730 ILCS 168/40)
21    Sec. 40. Mental health court; Kane County.
22    (a) The mental health court currently operating in Kane



SB3127 Enrolled- 23 -LRB102 22382 AWJ 31521 b

1County is directed to demonstrate the impact of alternative
2treatment court, crisis intervention training for first
3responders (including, but not limited to, emergency medical
4dispatchers), and assisted outpatient treatment in reducing
5the number of mentally ill people admitted into the
6correctional system. The mental health court in Kane County is
7authorized to cooperate with one or more accredited mental
8health service providers to provide services to defendants as
9directed by the mental health court. The mental health court
10in Kane County is authorized to cooperate with one or more
11institutions of higher education to publish peer-reviewed
12studies of the outcomes generated by the mental health court.
13    (b) In this Section, "accredited mental health service
14provider" refers to a provider of community mental health
15services as authorized by subsection (d-5) of Section 3 of the
16Community Services Act.
17(Source: P.A. 97-440, eff. 1-1-12.)