Full Text of SB2377 93rd General Assembly
SB2377sam001 93RD GENERAL ASSEMBLY
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Carol Ronen
Filed: 2/18/2004
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| AMENDMENT TO SENATE BILL 2377
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| AMENDMENT NO. ______. Amend Senate Bill 2377 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Occupational Therapy Practice Act | 5 |
| is amended by changing Sections 3.1 and 19 as follows:
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| (225 ILCS 75/3.1)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 3.1. Referrals. A licensed occupational therapist or | 9 |
| licensed
occupational therapy assistant may consult with, | 10 |
| educate, evaluate, and monitor
services for clients concerning | 11 |
| non-medical occupational therapy needs.
Implementation of | 12 |
| direct occupational therapy to individuals for their specific
| 13 |
| health care conditions shall be based upon a referral from a | 14 |
| licensed
physician, dentist, podiatrist, advanced practice | 15 |
| nurse who has a written collaborative agreement with a | 16 |
| collaborative physician that authorizes the provision of or | 17 |
| acceptance of referrals from licensed occupational therapists, | 18 |
| physician assistant who has been delegated authority to provide | 19 |
| or accept referrals from or to licensed occupational | 20 |
| therapists, or optometrist.
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| An occupational therapist shall refer to a licensed | 22 |
| physician, dentist,
optometrist, advanced practice nurse, | 23 |
| physician assistant, or podiatrist any patient whose medical | 24 |
| condition should, at the
time of evaluation or treatment, be |
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| determined to be beyond the scope of
practice of the | 2 |
| occupational therapist.
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| (Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03.)
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| (225 ILCS 75/19) (from Ch. 111, par. 3719)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 19. (a) The Department may refuse to issue or renew, | 7 |
| or may revoke,
suspend, place on probation, reprimand or take | 8 |
| other disciplinary
action as the Department may deem proper, | 9 |
| including fines not to exceed
$2,500 for each violation, with | 10 |
| regard to any license for
any one or combination of the | 11 |
| following:
| 12 |
| (1) Material misstatement in furnishing information to | 13 |
| the Department;
| 14 |
| (2) Wilfully violating this Act, or of the rules | 15 |
| promulgated thereunder;
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| (3) Conviction of any crime under the laws of the | 17 |
| United States or any
state or territory thereof which is a | 18 |
| felony or which is a misdemeanor,
an essential element of | 19 |
| which is dishonesty, or of any crime which is directly
| 20 |
| related to the practice of occupational therapy;
| 21 |
| (4) Making any misrepresentation for the purpose of | 22 |
| obtaining
certification, or violating any provision of | 23 |
| this Act or the rules promulgated
thereunder pertaining to | 24 |
| advertising;
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| (5) Having demonstrated unworthiness, or incompetency | 26 |
| to act as an
occupational therapist or occupational therapy | 27 |
| assistant in such manner as to
safeguard the interest of | 28 |
| the public;
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| (6) Wilfully aiding or assisting another person, firm, | 30 |
| partnership or
corporation in violating any provision of | 31 |
| this Act or rules;
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| (7) Failing, within 60 days, to provide information in | 33 |
| response to a
written request made by the Department;
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| (8) Engaging in dishonorable, unethical or | 2 |
| unprofessional conduct of a
character likely to deceive, | 3 |
| defraud or harm the public;
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| (9) Habitual intoxication or addiction to the use of | 5 |
| drugs;
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| (10) Discipline by another state, the District of | 7 |
| Columbia, a territory,
or foreign nation, if at least one | 8 |
| of the grounds for the discipline is
the same or | 9 |
| substantially equivalent to those set forth herein;
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| (11) Directly or indirectly giving to or receiving from | 11 |
| any person, firm,
corporation, partnership or association | 12 |
| any fee, commission, rebate or other
form of compensation | 13 |
| for professional services not actually or personally
| 14 |
| rendered;
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| (12) A finding by the Department that the license | 16 |
| holder, after having his
license disciplined, has violated | 17 |
| the terms of the discipline;
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| (13) Wilfully making or filing false records or reports | 19 |
| in the practice
of occupational therapy, including but not | 20 |
| limited to false records filed
with the State agencies or | 21 |
| departments;
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| (14) Physical illness, including but not limited to, | 23 |
| deterioration through
the aging process, or loss of motor | 24 |
| skill which results in the inability
to practice the | 25 |
| profession with reasonable judgment, skill or safety;
| 26 |
| (15) Solicitation of professional services other than | 27 |
| by permitted
advertising;
| 28 |
| (16) Wilfully exceeding the scope of practice | 29 |
| customarily undertaken by
persons licensed under this Act, | 30 |
| which conduct results in, or may result
in, harm to the | 31 |
| public;
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| (17) Holding one's self out to practice occupational | 33 |
| therapy under any
name other than his own or impersonation | 34 |
| of any other occupational therapy
licensee;
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| (18) Gross negligence;
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| (19) Malpractice;
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| (20) Obtaining a fee in money or gift in kind of any | 4 |
| other items of value
or in the form of financial profit or | 5 |
| benefit as personal compensation,
or as compensation, or | 6 |
| charge, profit or gain for an employer or for any
other | 7 |
| person or persons, on the fraudulent misrepresentation | 8 |
| that a manifestly
incurable condition of sickness, disease | 9 |
| or injury to any person can be cured;
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| (21) Accepting commissions or rebates or other forms of | 11 |
| remuneration for
referring persons to other professionals;
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| (22) Failure to file a return, or to pay the tax, | 13 |
| penalty or interest
shown in a filed return, or to pay any | 14 |
| final assessment of tax, penalty or
interest, as required | 15 |
| by any tax Act administered by the Illinois
Department of | 16 |
| Revenue, until such time as the requirements of any such | 17 |
| tax
Act are satisfied;
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| (23) Violating the Health Care Worker Self-Referral | 19 |
| Act; and
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| (24) Having treated patients other than by the practice | 21 |
| of occupational
therapy as defined in this Act, or having | 22 |
| treated patients as a licensed
occupational therapist | 23 |
| independent of a referral from a physician, advanced | 24 |
| practice nurse or physician assistant in accordance with | 25 |
| Section 3.1, dentist,
podiatrist, or optometrist, or | 26 |
| having failed to notify the physician,
advanced practice | 27 |
| nurse, physician assistant,
dentist, podiatrist, or | 28 |
| optometrist who established a diagnosis that the
patient is
| 29 |
| receiving occupational therapy pursuant to that diagnosis.
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| (b) The determination by a circuit court that a license | 31 |
| holder is subject
to involuntary admission or judicial | 32 |
| admission as provided in the Mental
Health and Developmental | 33 |
| Disabilities Code, as now or hereafter amended,
operates as an | 34 |
| automatic suspension. Such suspension will end only upon
a |
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| finding by a court that the patient is no longer subject to | 2 |
| involuntary
admission or judicial admission, an order by the | 3 |
| court so finding and
discharging the patient, and the | 4 |
| recommendation of the Board to the
Director that the license | 5 |
| holder be allowed to resume his practice.
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| (c) The Department may refuse to issue or take disciplinary | 7 |
| action
concerning
the license of any person who fails to file a | 8 |
| return, to pay the tax, penalty,
or interest
shown in a filed | 9 |
| return, or to pay any final assessment of tax, penalty, or
| 10 |
| interest as
required by any tax Act administered by the | 11 |
| Department of Revenue, until such
time as
the requirements of | 12 |
| any such tax Act are satisfied as determined by the
Department | 13 |
| of
Revenue.
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| (d) In enforcing this Section, the Board, upon a showing of | 15 |
| a possible
violation,
may compel a licensee or applicant to | 16 |
| submit to a mental or physical
examination, or
both, as | 17 |
| required by and at the expense of the Department. The examining | 18 |
| physicians or
clinical psychologists shall be those | 19 |
| specifically designated by the Board. The Board or
the | 20 |
| Department may order (i) the examining physician to present | 21 |
| testimony concerning
the mental or physical examination of a | 22 |
| licensee or applicant or (ii) the examining
clinical | 23 |
| psychologist to present testimony concerning the mental | 24 |
| examination of a
licensee or applicant. No information shall be | 25 |
| excluded by reason of any common law
or statutory privilege | 26 |
| relating to communications between a licensee or applicant and | 27 |
| the
examining physician or clinical psychologist. An | 28 |
| individual to be examined may have,
at his or her own expense, | 29 |
| another physician or clinical psychologist of his or her choice
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| present during all aspects of the examination. Failure of an | 31 |
| individual to
submit to a
mental or physical examination, when | 32 |
| directed, is grounds for suspension of his
or her
license. The | 33 |
| license must remain suspended until the person submits to the
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| examination
or the Board finds, after notice and hearing, that |
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| the refusal to submit to the
examination
was with reasonable | 2 |
| cause.
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| If the Board finds an individual unable to practice because | 4 |
| of the reasons
set
forth in this Section, the Board must | 5 |
| require the individual to submit to care,
counseling,
or | 6 |
| treatment by a physician or clinical psychologist approved by | 7 |
| the Board, as
a
condition, term, or restriction for continued, | 8 |
| reinstated, or renewed licensure
to practice.
In lieu of care, | 9 |
| counseling, or treatment, the Board may recommend that the
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| Department
file a complaint to immediately suspend or revoke | 11 |
| the license of the individual
or
otherwise discipline the | 12 |
| licensee.
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| Any individual whose license was granted, continued, | 14 |
| reinstated, or renewed
subject to conditions, terms, or | 15 |
| restrictions, as provided for in this Section,
or any
| 16 |
| individual who was disciplined or placed on supervision | 17 |
| pursuant to this
Section must
be referred to the Director for a | 18 |
| determination as to whether the person shall
have his or
her | 19 |
| license suspended immediately, pending a hearing by the Board.
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| (Source: P.A. 93-461, eff. 8-8-03.)
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| Section 10. The Illinois Physical Therapy Act is amended by | 22 |
| changing Sections 1 and 17 as follows:
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| (225 ILCS 90/1) (from Ch. 111, par. 4251)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 1. Definitions. As used in this Act:
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| (1) "Physical therapy" means the evaluation or treatment of | 27 |
| a person by
the use of the effective properties of physical | 28 |
| measures and heat, cold,
light, water, radiant energy, | 29 |
| electricity, sound, and air; and the use of
therapeutic | 30 |
| massage, therapeutic exercise, mobilization, and the
| 31 |
| rehabilitative procedures with or without assistive devices | 32 |
| for the
purposes of preventing, correcting, or alleviating a |
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| physical or mental
disability, or promoting physical fitness | 2 |
| and well-being. Physical therapy
includes, but is not limited | 3 |
| to: (a) performance
of specialized tests and measurements, (b) | 4 |
| administration of specialized
treatment procedures, (c) | 5 |
| interpretation of referrals from physicians, dentists , | 6 |
| advanced practice nurses, physician assistants,
and | 7 |
| podiatrists, (d) establishment, and modification of physical | 8 |
| therapy
treatment programs, (e) administration of topical | 9 |
| medication used in generally
accepted physical therapy | 10 |
| procedures when such medication is prescribed
by the patient's | 11 |
| physician, licensed to practice medicine in all its branches,
| 12 |
| the patient's physician licensed to practice podiatric | 13 |
| medicine, the patient's advanced practice nurse, the patient's | 14 |
| physician assistant, or the
patient's dentist, and (f) | 15 |
| supervision or teaching of physical therapy.
Physical therapy | 16 |
| does not include radiology, electrosurgery, chiropractic
| 17 |
| technique or determination of a differential diagnosis; | 18 |
| provided, however,
the limitation on determining a | 19 |
| differential diagnosis shall not in any
manner limit a physical | 20 |
| therapist licensed under this Act from performing
an evaluation | 21 |
| pursuant to such license. Nothing in this Section shall limit
a | 22 |
| physical therapist from employing appropriate physical therapy | 23 |
| techniques
that he or she is educated and licensed to perform. | 24 |
| A physical therapist
shall refer to a licensed physician, | 25 |
| dentist, advanced practice nurse, physician assistant, or | 26 |
| podiatrist any patient
whose medical condition should, at the | 27 |
| time of evaluation or treatment, be
determined to be beyond the | 28 |
| scope of practice of the physical therapist.
| 29 |
| (2) "Physical therapist" means a person who practices | 30 |
| physical therapy
and who has met all requirements as provided | 31 |
| in this Act.
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| (3) "Department" means the Department of Professional | 33 |
| Regulation.
| 34 |
| (4) "Director" means the Director of Professional |
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| Regulation.
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| (5) "Committee" means the Physical Therapy Examining | 3 |
| Committee approved
by the Director.
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| (6)
"Referral" for the purpose of this Act means the | 5 |
| following of guidance
or direction to the physical therapist | 6 |
| given by the physician , advanced practice nurse, physician | 7 |
| assistant , dentist,
or
podiatrist who shall maintain | 8 |
| supervision of the patient.
| 9 |
| (7) "Documented current and relevant diagnosis" for the | 10 |
| purpose of
this Act means a diagnosis, substantiated by | 11 |
| signature or oral verification
of a physician, dentist, | 12 |
| advanced practice nurse, physician assistant, or podiatrist, | 13 |
| that a patient's condition is such
that it may be treated by | 14 |
| physical therapy as defined in this Act, which
diagnosis shall | 15 |
| remain in effect until changed by the physician, dentist , | 16 |
| advanced practice nurse, physician assistant,
or podiatrist.
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| (8) "State" includes:
| 18 |
| (a) the states of the United States of America;
| 19 |
| (b) the District of Columbia; and
| 20 |
| (c) the Commonwealth of Puerto Rico.
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| (9) "Physical therapist assistant" means a person licensed | 22 |
| to assist a
physical therapist and who has met all requirements | 23 |
| as provided in this Act
and who works under the supervision of | 24 |
| a licensed physical therapist to assist
in implementing the | 25 |
| physical therapy treatment program as established by the
| 26 |
| licensed physical therapist. The patient care activities | 27 |
| provided by the
physical therapist assistant shall not include | 28 |
| the interpretation of referrals,
evaluation procedures, or the | 29 |
| planning or major modification of patient programs.
| 30 |
| (10) "Physical therapy aide" means a person who has | 31 |
| received on
the job training, specific to the facility in which | 32 |
| he is employed, but who
has not completed an approved physical | 33 |
| therapist assistant program. | 34 |
| (11) "Advanced practice nurse" means a person licensed |
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| under the Nursing and Advanced Practice Nursing Act who has a | 2 |
| collaborative agreement with a collaborating physician that | 3 |
| authorizes referrals to physical thereapists. | 4 |
| (12) "Physician assistant" means a person licensed under | 5 |
| the Physician Assistant Practice Act of 1987 who has been | 6 |
| delegated authority to make referrals to physical therapists.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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| (225 ILCS 90/17) (from Ch. 111, par. 4267)
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| (Section scheduled to be repealed on January 1, 2006)
| 10 |
| Sec. 17. (1) The Department may refuse to issue or to | 11 |
| renew, or may
revoke, suspend, place on probation, reprimand, | 12 |
| or
take other disciplinary action as the Department deems | 13 |
| appropriate,
including the issuance of fines not to exceed | 14 |
| $5000, with regard to a
license for any one or a combination of | 15 |
| the following:
| 16 |
| A. Material misstatement in furnishing information to | 17 |
| the Department
or otherwise making misleading, deceptive, | 18 |
| untrue, or fraudulent
representations in violation of this | 19 |
| Act or otherwise in the practice of
the profession;
| 20 |
| B. Violations of this Act, or of
the rules or | 21 |
| regulations promulgated hereunder;
| 22 |
| C. Conviction of any crime under the laws of the United | 23 |
| States or any
state or territory thereof which is a felony | 24 |
| or which is a misdemeanor,
an essential element of which is | 25 |
| dishonesty, or of any crime which is directly
related to | 26 |
| the practice of the profession; conviction, as used in this
| 27 |
| paragraph, shall include a finding or verdict of guilty, an | 28 |
| admission of
guilt or a plea of nolo contendere;
| 29 |
| D. Making any misrepresentation for the purpose of | 30 |
| obtaining licenses,
or violating any provision of this Act | 31 |
| or the rules promulgated thereunder
pertaining to | 32 |
| advertising;
| 33 |
| E. A pattern of practice or other behavior which |
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| demonstrates incapacity
or incompetency to practice under | 2 |
| this Act;
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| F. Aiding or assisting another person in violating any
| 4 |
| provision of this Act or Rules;
| 5 |
| G. Failing, within 60 days, to provide information in | 6 |
| response to a written
request made by the Department;
| 7 |
| H. Engaging in dishonorable, unethical or | 8 |
| unprofessional conduct of a
character likely to deceive, | 9 |
| defraud or harm the public. Unprofessional
conduct shall | 10 |
| include any departure from or the failure to conform to the
| 11 |
| minimal standards of acceptable and prevailing physical | 12 |
| therapy practice,
in which proceeding actual injury to a | 13 |
| patient need not be established;
| 14 |
| I. Unlawful distribution of any drug or narcotic, or | 15 |
| unlawful
conversion of any drug or narcotic not belonging | 16 |
| to the person for such
person's own use or benefit or for | 17 |
| other than medically accepted
therapeutic purposes;
| 18 |
| J. Habitual or excessive use or addiction to alcohol, | 19 |
| narcotics,
stimulants, or any other chemical agent or drug | 20 |
| which results in a physical
therapist's or physical | 21 |
| therapist assistant's
inability to practice with | 22 |
| reasonable judgment, skill or safety;
| 23 |
| K. Revocation or suspension of a license to practice | 24 |
| physical therapy
as a physical therapist or physical | 25 |
| therapist assistant or the taking
of other disciplinary | 26 |
| action by the proper licensing authority of
another state, | 27 |
| territory or country;
| 28 |
| L. Directly or indirectly giving to or receiving from | 29 |
| any person, firm,
corporation, partnership or association | 30 |
| any fee, commission, rebate or other
form of compensation | 31 |
| for any professional services not actually or
personally | 32 |
| rendered;
| 33 |
| M. A finding by the Committee that the licensee after | 34 |
| having his or
her license
placed on probationary status has |
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| violated the terms of probation;
| 2 |
| N. Abandonment of a patient;
| 3 |
| O. Willfully failing to report an instance of suspected | 4 |
| child abuse or
neglect as required by the Abused and | 5 |
| Neglected Child Reporting Act;
| 6 |
| P. Willfully failing to report an instance of suspected | 7 |
| elder abuse or
neglect as required by the Elder Abuse | 8 |
| Reporting Act;
| 9 |
| Q. Physical illness, including but not limited to, | 10 |
| deterioration through
the aging process, or loss of motor | 11 |
| skill which results in the inability
to practice the | 12 |
| profession with reasonable judgement, skill or safety;
| 13 |
| R. The use of any words (such as physical therapy, | 14 |
| physical therapist
physiotherapy or physiotherapist), | 15 |
| abbreviations, figures or letters with
the intention of | 16 |
| indicating practice as a licensed physical therapist
| 17 |
| without a valid license as a physical therapist issued | 18 |
| under this Act;
| 19 |
| S. The use of the term physical therapist assistant, or | 20 |
| abbreviations,
figures, or letters with the intention of | 21 |
| indicating practice as a physical
therapist assistant | 22 |
| without a valid license as a physical therapist
assistant | 23 |
| issued under this Act;
| 24 |
| T. Willfully violating or knowingly assisting in the | 25 |
| violation of any
law of this State relating to the practice | 26 |
| of abortion;
| 27 |
| U. Continued practice by a person knowingly having an | 28 |
| infectious,
communicable or contagious disease;
| 29 |
| V. Having treated ailments of human beings otherwise | 30 |
| than by
the practice of physical therapy as defined in this | 31 |
| Act, or having treated
ailments of human beings as a | 32 |
| licensed physical therapist independent of a
documented | 33 |
| referral or a documented current and relevant diagnosis | 34 |
| from a
physician, dentist, advanced practice nurse, |
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| physician assistant, or podiatrist, or having failed to | 2 |
| notify the
physician, dentist , advanced practice nurse, | 3 |
| physician assistant, or podiatrist who established a | 4 |
| documented current and
relevant diagnosis that the patient | 5 |
| is receiving physical therapy pursuant
to that diagnosis;
| 6 |
| W. Being named as a perpetrator in an indicated report | 7 |
| by the
Department of Children and Family Services pursuant | 8 |
| to the Abused and
Neglected Child Reporting Act, and upon | 9 |
| proof by clear and convincing
evidence that the licensee | 10 |
| has caused a child to be an abused child or
neglected child | 11 |
| as defined in the Abused and Neglected Child Reporting Act;
| 12 |
| X. Interpretation of referrals, performance of | 13 |
| evaluation procedures,
planning or making major | 14 |
| modifications of patient programs by a physical
therapist | 15 |
| assistant;
| 16 |
| Y. Failure by a physical therapist assistant and | 17 |
| supervising physical
therapist to maintain continued | 18 |
| contact, including periodic personal
supervision and | 19 |
| instruction, to insure safety and welfare of patients;
| 20 |
| Z. Violation of the Health Care Worker Self-Referral | 21 |
| Act.
| 22 |
| (2) The determination by a circuit court that a licensee is | 23 |
| subject to
involuntary admission or judicial admission as | 24 |
| provided in the Mental Health
and Developmental Disabilities | 25 |
| Code operates as an automatic suspension.
Such suspension will | 26 |
| end only upon a finding by a court that the patient is
no | 27 |
| longer subject to involuntary admission or judicial admission | 28 |
| and the
issuance of an order so finding and discharging the | 29 |
| patient; and upon the
recommendation of the Committee to the | 30 |
| Director that the licensee be
allowed to resume his practice.
| 31 |
| (3) The Department may refuse to issue or may suspend the | 32 |
| license of any
person who fails to file a return, or to pay the | 33 |
| tax, penalty or interest
shown in a filed return, or to pay any | 34 |
| final assessment of tax, penalty or
interest, as required by |
|
|
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| any tax Act administered by the Illinois
Department of Revenue, | 2 |
| until such time as the requirements of any such tax
Act are | 3 |
| satisfied.
| 4 |
| (Source: P.A. 89-387, eff. 1-1-96.)
| 5 |
| Section 15. The Sexual Assault Survivors Emergency | 6 |
| Treatment Act is amended by changing Sections 2.2, 5, and 6.4 | 7 |
| as follows:
| 8 |
| (410 ILCS 70/2.2)
| 9 |
| Sec. 2.2. Emergency contraception.
| 10 |
| (a) The General Assembly finds:
| 11 |
| (1) Crimes of sexual violence cause significant | 12 |
| physical, emotional, and
psychological trauma to the | 13 |
| victims. This trauma is compounded by a victim's
fear of | 14 |
| becoming pregnant and bearing a child as a result of the | 15 |
| sexual
assault.
| 16 |
| (2) Each year over 32,000 women become pregnant in the | 17 |
| United States as
the result of rape and
approximately 50% | 18 |
| of these pregnancies end in abortion.
| 19 |
| (3) As approved for use by the Federal Food and Drug | 20 |
| Administration (FDA),
emergency contraception can | 21 |
| significantly reduce the risk of pregnancy if taken
within | 22 |
| 72 hours after the sexual assault.
| 23 |
| (4) By providing emergency contraception to rape | 24 |
| victims in a timely
manner, the trauma of rape can be | 25 |
| significantly reduced.
| 26 |
| (b) Within 120 days after the effective date of this | 27 |
| amendatory Act of the
92nd General Assembly, every hospital | 28 |
| providing services to alleged sexual
assault survivors in | 29 |
| accordance with a plan approved under Section 2 must
develop a | 30 |
| protocol that ensures that each survivor of sexual
assault will | 31 |
| receive medically and factually accurate and written and oral
| 32 |
| information about emergency contraception; the indications and
|
|
|
|
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| counter-indications and risks associated with the use of | 2 |
| emergency
contraception;
and a description of how and when | 3 |
| victims may be provided emergency
contraception upon
the | 4 |
| written order of a physician licensed to practice medicine
in | 5 |
| all its branches , an advanced practice nurse who has a written | 6 |
| collaborative agreement with a collaborating physician that | 7 |
| authorizes prescription of emergency contraception, or a | 8 |
| physician assistant who has been delegated authority to | 9 |
| prescribe emergency contraception . The Department shall | 10 |
| approve the protocol if it finds
that the implementation of the | 11 |
| protocol would provide sufficient protection
for survivors of | 12 |
| an alleged sexual assault.
| 13 |
| The hospital shall implement the protocol upon approval by | 14 |
| the Department.
The Department shall adopt rules and | 15 |
| regulations establishing one or more safe
harbor protocols and | 16 |
| setting minimum acceptable protocol standards that
hospitals | 17 |
| may develop and implement. The Department shall approve any | 18 |
| protocol
that meets those standards. The Department may provide | 19 |
| a sample acceptable
protocol upon request.
| 20 |
| (Source: P.A. 92-156, eff. 1-1-02.)
| 21 |
| (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| 22 |
| Sec. 5. Minimum requirements for hospitals providing | 23 |
| emergency service
to sexual assault survivors.
| 24 |
| (a) Every hospital providing emergency
hospital services | 25 |
| to an alleged sexual assault survivor under this Act
shall, as | 26 |
| minimum requirements for such services, provide, with the | 27 |
| consent
of the alleged sexual assault survivor, and as ordered | 28 |
| by the attending
physician, an advanced practice nurse who has | 29 |
| a written collaborative agreement with a collaborating | 30 |
| physician that authorizes provision of emergency services, or a | 31 |
| physician assistant who has been delegated authority to provide | 32 |
| emergency services, the following:
| 33 |
| (1) appropriate medical examinations and laboratory
|
|
|
|
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| tests required to ensure the health, safety, and welfare
of | 2 |
| an alleged sexual assault survivor or which may be
used as | 3 |
| evidence in a criminal proceeding against a person accused | 4 |
| of the
sexual assault, or both; and records of the results | 5 |
| of such examinations
and tests shall be maintained by the | 6 |
| hospital and made available to law
enforcement officials | 7 |
| upon the request of the alleged sexual assault survivor;
| 8 |
| (2) appropriate oral and written information | 9 |
| concerning the possibility
of infection, sexually | 10 |
| transmitted disease and pregnancy
resulting from sexual | 11 |
| assault;
| 12 |
| (3) appropriate oral and written information | 13 |
| concerning accepted medical
procedures, medication, and | 14 |
| possible contraindications of such medication
available | 15 |
| for the prevention or treatment of infection or disease | 16 |
| resulting
from sexual assault;
| 17 |
| (4) such medication as deemed appropriate by the | 18 |
| attending physician , an advanced practice nurse, or a | 19 |
| physician assistant ;
| 20 |
| (5) a blood test to determine the presence or absence | 21 |
| of sexually
transmitted disease;
| 22 |
| (6) written and oral instructions indicating the need | 23 |
| for a second blood
test 6 weeks after the sexual assault to | 24 |
| determine the presence or absence of
sexually transmitted | 25 |
| disease; and
| 26 |
| (7) appropriate counseling as determined by the | 27 |
| hospital, by trained
personnel designated by the hospital.
| 28 |
| (b) Any minor who is an alleged survivor of sexual
assault | 29 |
| who seeks emergency services
under this Act shall be provided | 30 |
| such services without the consent
of the parent, guardian or | 31 |
| custodian of the minor.
| 32 |
| (Source: P.A. 91-888, eff. 7-6-00.)
| 33 |
| (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
|
|
|
|
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| Sec. 6.4. Sexual assault evidence collection program.
| 2 |
| (a) There is created a statewide sexual assault evidence | 3 |
| collection program
to facilitate the prosecution of persons | 4 |
| accused of sexual assault. This
program shall be administered | 5 |
| by the Illinois
State Police. The program shall
consist of the | 6 |
| following: (1) distribution of sexual assault evidence
| 7 |
| collection kits which have been approved by the Illinois
State | 8 |
| Police to hospitals that request them, or arranging for
such | 9 |
| distribution by the manufacturer of the kits, (2) collection of | 10 |
| the kits
from hospitals after the kits have been used to | 11 |
| collect
evidence, (3) analysis of the collected evidence and | 12 |
| conducting of laboratory
tests, and (4) maintaining the chain | 13 |
| of custody and safekeeping of the evidence
for use in a legal | 14 |
| proceeding. The standardized evidence collection kit for
the | 15 |
| State of Illinois shall be the State Police Evidence Collection | 16 |
| Kit, also
known as "S.P.E.C.K.".
A sexual assault evidence | 17 |
| collection kit may not be released by a hospital
without the | 18 |
| written consent of the sexual assault survivor. In the case of | 19 |
| a
survivor who is a minor 13 years of age or older, evidence | 20 |
| and
information concerning the alleged sexual assault may be | 21 |
| released at the
written request of the minor. If the survivor | 22 |
| is a minor who is under 13 years
of age, evidence and | 23 |
| information concerning the alleged sexual assault may be
| 24 |
| released at the written request of the parent, guardian, | 25 |
| investigating law
enforcement officer, or Department of | 26 |
| Children and Family Services. Any health
care professional, | 27 |
| including any physician , advanced practice nurse, physician | 28 |
| assistant, or nurse, sexual assault nurse
examiner, and any | 29 |
| health care
institution, including any hospital, who provides | 30 |
| evidence or information to a
law enforcement officer pursuant | 31 |
| to a written request as specified in this
Section is immune | 32 |
| from any civil or professional liability that might arise
from | 33 |
| those actions, with the exception of willful or wanton | 34 |
| misconduct. The
immunity provision applies only if all of the |
|
|
|
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| 1 |
| requirements of this Section are
met.
| 2 |
| (b) The Illinois State Police shall administer a program to | 3 |
| train hospitals
and hospital personnel participating in the | 4 |
| sexual assault evidence collection
program, in the correct use | 5 |
| and application of the sexual assault evidence
collection kits. | 6 |
| A sexual assault nurse examiner may conduct
examinations using | 7 |
| the sexual assault evidence collection kits, without the
| 8 |
| presence or participation of a physician. The Department of | 9 |
| Public Health
shall
cooperate with the Illinois State Police in | 10 |
| this
program as it pertains to medical aspects of the evidence | 11 |
| collection.
| 12 |
| (c) In this Section, "sexual assault nurse examiner" means | 13 |
| a registered
nurse
who has completed a sexual assault nurse | 14 |
| examiner (SANE) training program that
meets the Forensic Sexual | 15 |
| Assault Nurse Examiner Education Guidelines
established by the | 16 |
| International Association of Forensic Nurses.
| 17 |
| (Source: P.A. 91-888, eff. 7-6-00; 92-514, eff. 1-1-02.)
| 18 |
| Section 20. The Prenatal and Newborn Care Act is amended by | 19 |
| changing Sections 2 and 6 as follows:
| 20 |
| (410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
| 21 |
| Sec. 2. Definitions. As used in this Act, unless the | 22 |
| context otherwise
requires:
| 23 |
| "Advanced practice nurse" or "APN" means an advanced | 24 |
| practice nurse licensed under the Nursing and Advanced Practice | 25 |
| Nursing Act who has a written collaborative agreement with a | 26 |
| collaborating physician that authorizes the provision of | 27 |
| prenatal and newborn care.
| 28 |
|
(a) "Department" means the Illinois Department of Human | 29 |
| Services.
| 30 |
|
(b) "Early and Periodic Screening, Diagnosis and Treatment | 31 |
| (EPSDT)" means
the provision of preventative health care under | 32 |
| 42 C.F.R. 441.50 et seq.,
including medical and dental |
|
|
|
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| services, needed to assess growth and
development and detect | 2 |
| and treat health problems.
| 3 |
|
(c) "Hospital" means a hospital as defined under the | 4 |
| Hospital Licensing Act.
| 5 |
|
(d) "Local health authority" means the full-time official | 6 |
| health
department or board of health, as recognized by the | 7 |
| Illinois Department
of Public Health, having
jurisdiction over | 8 |
| a particular area.
| 9 |
|
(e) "Nurse" means a nurse licensed under the Nursing and
| 10 |
| Advanced Practice Nursing Act.
| 11 |
|
(f) "Physician" means a physician licensed to practice | 12 |
| medicine in all of
its branches.
| 13 |
| "Physician assistant" means a physician assistant licensed | 14 |
| under the Physician Assistant Practice Act of 1987 who has been | 15 |
| delegated authority to provide prenatal and newborn care.
| 16 |
|
(g) "Postnatal visit" means a visit occurring after birth, | 17 |
| with
reference to the newborn.
| 18 |
|
(h) "Prenatal visit" means a visit occurring before birth.
| 19 |
|
(i) "Program" means the Prenatal and Newborn Care Program | 20 |
| established
pursuant to this Act.
| 21 |
| (Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)
| 22 |
| (410 ILCS 225/6) (from Ch. 111 1/2, par. 7026)
| 23 |
| Sec. 6. Covered services.
| 24 |
| (a) Covered services under the program may
include, but are | 25 |
| not necessarily limited to, the following:
| 26 |
| (1) Laboratory services related to a recipient's | 27 |
| pregnancy, performed or
ordered by a physician , advanced | 28 |
| practice nurse, or physician assistant .
| 29 |
| (2) Screening and treatment for sexually transmitted
| 30 |
| disease.
| 31 |
| (3) Prenatal visits to a physician in the physician's | 32 |
| office , an advanced practice nurse in the advanced practice | 33 |
| nurse's office, a physician assistant in the physician |
|
|
|
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| assistant's office, or to a
hospital outpatient prenatal | 2 |
| clinic, local health department maternity
clinic , or | 3 |
| community health center.
| 4 |
| (4) Radiology services which are directly related to | 5 |
| the pregnancy, are
determined to be medically necessary and | 6 |
| are ordered by a physician , an advanced practice nurse, or | 7 |
| a physician assistant .
| 8 |
| (5) Pharmacy services related to the pregnancy.
| 9 |
| (6) Other medical consultations related to the | 10 |
| pregnancy.
| 11 |
| (7) Physician , advanced practice nurse, physician | 12 |
| assistant, or nurse services associated with delivery.
| 13 |
| (8) One postnatal office visit within 60 days after | 14 |
| delivery.
| 15 |
| (9) Two EPSDT-equivalent screenings for the infant | 16 |
| within 90 days after
birth.
| 17 |
| (10) Social and support services.
| 18 |
| (11) Nutrition services.
| 19 |
| (12) Case management services.
| 20 |
| (b) The following services shall not be covered under the | 21 |
| program:
| 22 |
| (1) Services determined by the Department not to be | 23 |
| medically necessary.
| 24 |
| (2) Services not directly related to the pregnancy, | 25 |
| except for the 2
covered EPSDT-equivalent screenings.
| 26 |
| (3) Hospital inpatient services.
| 27 |
| (4) Anesthesiologist and radiologist services during a | 28 |
| period of
hospital inpatient care.
| 29 |
| (5) Physician , advanced practice nurse, and physician | 30 |
| assistant hospital visits.
| 31 |
| (6) Services considered investigational or | 32 |
| experimental.
| 33 |
| (Source: P.A. 89-187, eff. 7-19-95.)
|
|
|
|
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| Section 25. The AIDS Confidentiality Act is amended by | 2 |
| changing Sections 7, 8, and 9 as follows:
| 3 |
| (410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)
| 4 |
| Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5
| 5 |
| and 6 of this Act, written informed consent is not required for | 6 |
| a health
care provider or health facility to perform a test | 7 |
| when the health care
provider or health facility procures, | 8 |
| processes, distributes or uses a
human body part donated for a | 9 |
| purpose specified under the Uniform
Anatomical Gift Act, or | 10 |
| semen provided prior to the effective date of this
Act for the | 11 |
| purpose of artificial insemination, and such a test is
| 12 |
| necessary to assure medical acceptability of such gift or semen | 13 |
| for the
purposes intended.
| 14 |
| (b) Written informed consent is not required for a health | 15 |
| care
provider or health facility to perform a test when a | 16 |
| health care provider
or employee of a health facility, or a | 17 |
| firefighter or an EMT-A, EMT-I or EMT-P,
is involved in an | 18 |
| accidental direct skin or mucous membrane contact with
the | 19 |
| blood or bodily fluids of an individual which is of a nature | 20 |
| that may
transmit HIV, as determined by a physician , by an | 21 |
| advanced practice nurse as defined in item (iii) of subsection | 22 |
| (f-5) of Section 3, or by a physician assistant as defined in | 23 |
| item (ii) of subsection (f-5) of Section 3
in his medical | 24 |
| judgment . Should
such test prove to be positive, the patient | 25 |
| and the health care provider,
health facility employee, | 26 |
| firefighter, EMT-A, EMT-I, or EMT-P shall be
provided | 27 |
| appropriate counseling consistent with this Act.
| 28 |
| (c) Written informed consent is not required for a health | 29 |
| care
provider or health facility to perform a test when a law | 30 |
| enforcement
officer is involved in the line of duty in a direct | 31 |
| skin or mucous membrane
contact with the blood or bodily fluids | 32 |
| of an individual which is of a
nature that may transmit HIV, as | 33 |
| determined by a physician , by an advanced practice nurse as |
|
|
|
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| defined in item (iii) of subsection (f-5) of Section 3 by a | 2 |
| physician assistant as defined in item (ii) of subsection (f-5) | 3 |
| of Section 3
in his medical
judgment . Should such test prove to | 4 |
| be positive, the patient shall be
provided appropriate | 5 |
| counseling consistent with this Act. For purposes of
this | 6 |
| subsection (c), "law enforcement officer" means any person | 7 |
| employed by
the State, a county or a municipality as a | 8 |
| policeman, peace officer,
auxiliary policeman, correctional | 9 |
| officer or in some like position
involving the enforcement of | 10 |
| the law and protection of the public interest
at the risk of | 11 |
| that person's life.
| 12 |
| (Source: P.A. 86-887; 86-891; 86-1028; 87-459.)
| 13 |
| (410 ILCS 305/8) (from Ch. 111 1/2, par. 7308)
| 14 |
| Sec. 8. Notwithstanding the provisions of Sections 4 and 5 | 15 |
| of this Act,
written informed consent, information and | 16 |
| counseling are not required for the
performance of an HIV test: | 17 |
| (a)
for the purpose of research, if the testing is performed in | 18 |
| such a way that
the identity of the test subject is not known | 19 |
| and may not be retrieved by
the researcher, and in such a way | 20 |
| that the test subject is not informed of
the results of the | 21 |
| testing, or (b) when in the judgment of the physician , advanced | 22 |
| practice nurse, or physician assistant ,
such testing is | 23 |
| medically indicated to provide appropriate diagnosis and
| 24 |
| treatment to the subject of the test, provided that the subject | 25 |
| of the test
has otherwise provided his or her consent to such | 26 |
| physician , advanced practice nurse, or physician assistant for | 27 |
| medical treatment.
| 28 |
| (Source: P.A. 85-1399.)
| 29 |
| (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
| 30 |
| Sec. 9. No person may disclose or be compelled to disclose | 31 |
| the
identity of any person upon whom a test is performed, or | 32 |
| the results of
such a test in a manner which permits |
|
|
|
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| identification of the subject of the
test, except to the | 2 |
| following persons:
| 3 |
| (a) The subject of the test or the subject's legally
| 4 |
| authorized representative. A physician , advanced practice | 5 |
| nurse, or physician assistant may notify the spouse of the
test | 6 |
| subject, if the test result is positive and has been confirmed
| 7 |
| pursuant to rules adopted by the Department, provided that the | 8 |
| physician , advanced practice nurse, or physician assistant has
| 9 |
| first sought unsuccessfully to persuade the patient to notify | 10 |
| the spouse or
that, a reasonable time after the patient has | 11 |
| agreed to make the
notification, the physician , advanced | 12 |
| practice nurse, or physician assistant has reason to believe | 13 |
| that the patient has not
provided the notification. This | 14 |
| paragraph shall not create a duty or
obligation under which a | 15 |
| physician , advanced practice nurse, or physician assistant
| 16 |
| must notify the spouse of the test
results, nor shall such duty | 17 |
| or obligation be implied. No civil liability
or criminal | 18 |
| sanction under this Act shall be imposed for any disclosure or
| 19 |
| non-disclosure of a test result to a spouse by a physician , | 20 |
| advanced practice nurse, or physician assistant acting in good
| 21 |
| faith under this paragraph. For the purpose of any proceedings, | 22 |
| civil or
criminal, the good faith of any physician , advanced | 23 |
| practice nurse, or physician assistant acting under this | 24 |
| paragraph shall
be presumed.
| 25 |
| (b) Any person designated in a legally effective release of | 26 |
| the test
results executed by the subject of the test or the | 27 |
| subject's legally
authorized representative.
| 28 |
| (c) An authorized agent or employee of a health facility or | 29 |
| health care
provider if the health facility or health care | 30 |
| provider itself is
authorized to obtain the test results, the | 31 |
| agent or employee provides
patient care or handles or processes | 32 |
| specimens of body fluids or tissues,
and the agent or employee | 33 |
| has a need to know such information.
| 34 |
| (d) The Department, in accordance with rules for reporting |
|
|
|
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| 1 |
| and
controlling the spread of disease, as otherwise provided by | 2 |
| State law.
Neither the Department nor its authorized | 3 |
| representatives shall disclose
information and records held by | 4 |
| them relating to known or suspected cases of
AIDS or HIV | 5 |
| infection, publicly or in any action of any kind in any court | 6 |
| or
before any tribunal, board, or agency. AIDS and HIV | 7 |
| infection data shall be
protected from disclosure in accordance | 8 |
| with the provisions of Sections 8-2101
through 8-2105 of the | 9 |
| Code of Civil Procedure.
| 10 |
| (e) A health facility or health care provider which | 11 |
| procures, processes,
distributes or uses: (i) a human body part | 12 |
| from a deceased person
with respect to medical information | 13 |
| regarding that person; or (ii) semen
provided prior to the | 14 |
| effective date of this Act for the purpose of
artificial | 15 |
| insemination.
| 16 |
| (f) Health facility staff committees for the purposes of | 17 |
| conducting
program monitoring, program evaluation or service | 18 |
| reviews.
| 19 |
| (g) (Blank).
| 20 |
| (h) Any health care provider or employee of a health | 21 |
| facility, and any
firefighter or EMT-A, EMT-P, or EMT-I, | 22 |
| involved in an accidental direct
skin or mucous membrane | 23 |
| contact with the blood or bodily fluids of an
individual which | 24 |
| is of a nature that may transmit HIV, as determined by a
| 25 |
| physician , by an advanced practice nurse as defined in item | 26 |
| (iii) of subsection (f-5) of Section 3, or by a physician | 27 |
| assistant as defined in item (ii) of subsection (f-5) of | 28 |
| Section 3
in his medical judgment .
| 29 |
| (i) Any law enforcement officer, as defined in subsection | 30 |
| (c) of
Section 7, involved in the line of duty in a direct skin | 31 |
| or mucous membrane
contact with the blood or bodily fluids of | 32 |
| an individual which is of a
nature that may transmit HIV, as | 33 |
| determined by a physician in his medical
judgment , by an | 34 |
| advanced practice nurse as defined in item (iii) of subsection |
|
|
|
09300SB2377sam001 |
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| 1 |
| (f-5) of Section 3, or by a physician assistant as defined in | 2 |
| item (ii) of subsection (f-5) of Section 3 .
| 3 |
| (j) A temporary caretaker of a child taken into temporary | 4 |
| protective
custody by the Department of Children and Family | 5 |
| Services pursuant to Section 5
of the Abused and Neglected | 6 |
| Child Reporting Act, as now or hereafter amended.
| 7 |
| (k) In the case of a minor under 18 years of age whose test | 8 |
| result is
positive and has been confirmed
pursuant to rules | 9 |
| adopted by the Department, the health care provider who ordered | 10 |
| the test shall make a reasonable
effort to notify the minor's | 11 |
| parent or legal guardian if, in the
professional judgement of | 12 |
| the health care provider, notification would be
in the best | 13 |
| interest of the child and the health care provider has first
| 14 |
| sought unsuccessfully to persuade the minor to notify the | 15 |
| parent or legal
guardian or a reasonable time after the minor | 16 |
| has agreed to notify
the parent or legal guardian, the health | 17 |
| care provider has reason to
believe that the minor has not made | 18 |
| the notification. This subsection
shall not create a duty or | 19 |
| obligation under which a health care provider
must notify the | 20 |
| minor's parent or legal guardian of the test results, nor
shall | 21 |
| a duty or obligation be implied. No civil liability or criminal | 22 |
| sanction
under this Act shall be imposed for any notification | 23 |
| or non-notification of a
minor's test result by a health care | 24 |
| provider acting in good faith under this
subsection. For the | 25 |
| purpose of any proceeding, civil or criminal, the good
faith of | 26 |
| any health care provider acting under this subsection shall be
| 27 |
| presumed.
| 28 |
| (Source: P.A. 93-482, eff. 8-8-03.)
| 29 |
| Section 30. The Illinois Sexually Transmissible Disease | 30 |
| Control Act is amended by changing Sections 4 and 5.5 as | 31 |
| follows:
| 32 |
| (410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
|
|
|
|
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| Sec. 4. Reporting required.
| 2 |
| (a) A physician licensed under the provisions of the | 3 |
| Medical Practice Act
of 1987 , an advanced practice nurse | 4 |
| licensed under the provisions of the Nursing and Advanced | 5 |
| Practice Nursing Act who has a written collaborative agreement | 6 |
| with a collaborating physician that authorizes the provision of | 7 |
| services for a sexually transmissible disease, or a physician | 8 |
| assistant licensed under the provisions of the Physician | 9 |
| Assistant Practice Act of 1987 who has been delegated authority | 10 |
| to provide services for a sexually transmissible disease
who | 11 |
| makes a diagnosis of or treats a person with a sexually
| 12 |
| transmissible disease and each laboratory that performs a test | 13 |
| for a sexually
transmissible disease which concludes with a | 14 |
| positive result shall report such
facts as may be required by | 15 |
| the Department by rule, within such time period as
the | 16 |
| Department may require by rule, but in no case to exceed 2 | 17 |
| weeks.
| 18 |
| (b) The Department shall adopt rules specifying the | 19 |
| information
required in reporting a sexually transmissible | 20 |
| disease, the method of
reporting and specifying a minimum time | 21 |
| period for reporting. In adopting
such rules, the Department | 22 |
| shall consider the need for information,
protections for the | 23 |
| privacy and confidentiality of the patient, and the
practical | 24 |
| abilities of persons and laboratories to report in a reasonable
| 25 |
| fashion.
| 26 |
| (c) Any person who knowingly or maliciously disseminates | 27 |
| any false
information or report concerning the existence of any | 28 |
| sexually
transmissible disease under this Section is guilty of | 29 |
| a Class A misdemeanor.
| 30 |
| (d) Any person who violates the provisions of this Section | 31 |
| or the rules
adopted hereunder may be fined by the Department | 32 |
| up to $500 for each
violation. The Department shall report each | 33 |
| violation of this Section to
the regulatory agency responsible | 34 |
| for licensing a health care professional
or a laboratory to |
|
|
|
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| 1 |
| which these provisions apply.
| 2 |
| (Source: P.A. 90-14, eff. 7-1-97.)
| 3 |
| (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
| 4 |
| Sec. 5.5. Risk assessment.
| 5 |
| (a) Whenever the Department receives a report of HIV | 6 |
| infection or AIDS
pursuant to this Act and the Department | 7 |
| determines that the subject of the
report may present or may | 8 |
| have presented a possible risk of HIV
transmission, the | 9 |
| Department shall, when medically appropriate, investigate
the | 10 |
| subject of the report and that person's contacts as defined in
| 11 |
| subsection (c), to assess the potential risks of transmission. | 12 |
| Any
investigation and action shall be conducted in a timely | 13 |
| fashion. All
contacts other than those defined in subsection | 14 |
| (c) shall be investigated
in accordance with Section 5 of this | 15 |
| Act.
| 16 |
| (b) If the Department determines that there is or may have | 17 |
| been
potential risks of HIV transmission from the subject of | 18 |
| the report to other
persons, the Department shall afford the | 19 |
| subject the opportunity to submit
any information and comment | 20 |
| on proposed actions the Department intends to
take with respect | 21 |
| to the subject's contacts who are at potential risk of
| 22 |
| transmission of HIV prior to notification of the subject's | 23 |
| contacts. The
Department shall also afford the subject of the | 24 |
| report the opportunity to
notify the subject's contacts in a | 25 |
| timely fashion who are at potential risk
of transmission of HIV | 26 |
| prior to the Department taking any steps to notify
such | 27 |
| contacts. If the subject declines to notify such contacts or if | 28 |
| the
Department determines the notices to be inadequate or | 29 |
| incomplete, the
Department shall endeavor to notify such other | 30 |
| persons of the potential
risk, and offer testing and counseling | 31 |
| services to these individuals. When
the contacts are notified, | 32 |
| they shall be informed of the disclosure
provisions of the AIDS | 33 |
| Confidentiality Act and the penalties therein and
this Section.
|
|
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| (c) Contacts investigated under this Section shall in the | 2 |
| case of HIV
infection include (i) individuals who have | 3 |
| undergone invasive procedures
performed by an HIV infected | 4 |
| health care provider and (ii)
health care providers who have | 5 |
| performed invasive procedures for persons
infected with HIV, | 6 |
| provided the Department has determined that there is or
may | 7 |
| have been potential risk of HIV transmission from the health | 8 |
| care
provider to those individuals or from infected persons to | 9 |
| health care
providers. The Department shall have access to the | 10 |
| subject's records to
review for the identity of contacts. The | 11 |
| subject's records shall not be
copied or seized by the | 12 |
| Department.
| 13 |
| For purposes of this subsection, the term "invasive | 14 |
| procedures" means
those procedures termed invasive by the | 15 |
| Centers for Disease Control in
current guidelines or | 16 |
| recommendations for the prevention of HIV
transmission in | 17 |
| health care settings, and the term "health care provider"
means | 18 |
| any physician, dentist, podiatrist, advanced practice nurse, | 19 |
| physician assistant, nurse , or other person providing
health | 20 |
| care services of any kind.
| 21 |
| (d) All information and records held by the Department and | 22 |
| local health
authorities pertaining to activities conducted | 23 |
| pursuant to this Section
shall be strictly confidential and | 24 |
| exempt from copying and inspection under
the Freedom of | 25 |
| Information Act. Such information and records shall not be
| 26 |
| released or made public by the Department or local health | 27 |
| authorities, and
shall not be admissible as evidence, nor | 28 |
| discoverable in any action of any
kind in any court or before | 29 |
| any tribunal, board, agency or person and shall
be treated in | 30 |
| the same manner as the information and those records subject
to | 31 |
| the provisions of Part 21 of the Code of Civil Procedure except | 32 |
| under
the following circumstances:
| 33 |
| (1) When made with the written consent of all persons | 34 |
| to whom this
information pertains;
|
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| (2) When authorized under Section 8 to be released | 2 |
| under court order
or subpoena pursuant to Section 12-16.2 | 3 |
| of the Criminal Code of 1961; or
| 4 |
| (3) When made by the Department for the purpose of | 5 |
| seeking a warrant
authorized by Sections 6 and 7 of this | 6 |
| Act. Such disclosure shall conform
to the requirements of | 7 |
| subsection (a) of Section 8 of this Act.
| 8 |
| (e) Any person who knowingly or maliciously disseminates | 9 |
| any
information or report concerning the existence of any | 10 |
| disease under this
Section is guilty of a Class A misdemeanor.
| 11 |
| (Source: P.A. 87-763.)
| 12 |
| Section 35. The Consent by Minors to Medical Procedures Act | 13 |
| is amended by changing Sections 1, 2, 3, and 5 as follows:
| 14 |
| (410 ILCS 210/1) (from Ch. 111, par. 4501)
| 15 |
| Sec. 1. Consent by minor. The consent to the performance of | 16 |
| a medical or
surgical procedure
by a physician licensed to | 17 |
| practice medicine and surgery , an advanced practice nurse who | 18 |
| has a written collaborative agreement with a collaborating | 19 |
| physician that authorizes provision of services for minors, or | 20 |
| a physician assistant who has been delegated authority to | 21 |
| provide services for minors executed by a
married person who is | 22 |
| a minor, by a parent who is a minor, by a pregnant
woman who is | 23 |
| a minor, or by
any person 18 years of age or older, is not | 24 |
| voidable because of such
minority, and, for such purpose, a | 25 |
| married person who is a minor, a parent
who is a minor, a
| 26 |
| pregnant woman who is a minor, or any person 18 years of age or | 27 |
| older, is
deemed to have the same legal capacity to act and has | 28 |
| the same powers and
obligations as has a person of legal age.
| 29 |
| (Source: P.A. 89-187, eff. 7-19-95.)
| 30 |
| (410 ILCS 210/2) (from Ch. 111, par. 4502)
| 31 |
| Sec. 2. Any parent, including a parent who is a minor, may |
|
|
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| consent to the
performance upon his or her child of a medical | 2 |
| or surgical procedure by a
physician licensed to practice | 3 |
| medicine and surgery , an advanced practice nurse who has a | 4 |
| written collaborative agreement with a collaborating physician | 5 |
| that authorizes provision of services for minors, or a | 6 |
| physician assistant who has been delegated authority to provide | 7 |
| services for minors or a dental procedure
by a licensed | 8 |
| dentist. The consent of a parent who is a minor shall not be
| 9 |
| voidable because of such minority, but, for such purpose, a | 10 |
| parent who is a
minor shall be deemed to have the same legal | 11 |
| capacity to act and shall have
the same powers and obligations | 12 |
| as has a person of legal age.
| 13 |
| (Source: P.A. 77-1661.)
| 14 |
| (410 ILCS 210/3) (from Ch. 111, par. 4503)
| 15 |
| Sec. 3. (a) Where a hospital ,
or a physician , licensed to | 16 |
| practice medicine
or surgery, an advanced practice nurse who | 17 |
| has a written collaborative agreement with a collaborating | 18 |
| physician that authorizes provision of services for minors, or | 19 |
| a physician assistant who has been delegated authority to | 20 |
| provide services for minors renders emergency treatment or | 21 |
| first aid or a licensed dentist
renders emergency dental | 22 |
| treatment to a minor, consent of the minor's parent
or legal | 23 |
| guardian need not be obtained if, in the sole opinion of the
| 24 |
| physician,
advanced practice nurse, physician assistant,
| 25 |
| dentist , or hospital, the obtaining of consent is not | 26 |
| reasonably feasible
under the circumstances without adversely | 27 |
| affecting the condition of such
minor's health.
| 28 |
| (b) Where a minor is the victim of a predatory criminal | 29 |
| sexual assault of
a child, aggravated criminal sexual assault, | 30 |
| criminal sexual assault,
aggravated criminal sexual abuse or | 31 |
| criminal sexual abuse, as provided in
Sections 12-13 through | 32 |
| 12-16 of the Criminal Code of 1961, as now or hereafter
| 33 |
| amended, the consent
of the minor's parent or legal guardian |
|
|
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| need not be obtained to authorize
a hospital, physician , | 2 |
| advanced practice nurse, physician assistant, or other medical | 3 |
| personnel to furnish medical care
or counseling related to the | 4 |
| diagnosis or treatment of any disease or injury
arising from | 5 |
| such offense. The minor may consent to such counseling, | 6 |
| diagnosis
or treatment as if the minor had reached his or her | 7 |
| age of majority. Such
consent shall not be voidable, nor | 8 |
| subject to later disaffirmance, because
of minority.
| 9 |
| (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
| 10 |
| (410 ILCS 210/5) (from Ch. 111, par. 4505)
| 11 |
| Sec. 5. Counseling; informing parent or guardian. Any | 12 |
| physician , advanced practice nurse, or physician assistant,
| 13 |
| who
provides diagnosis or treatment or any
licensed clinical | 14 |
| psychologist or professionally trained social worker
with a | 15 |
| master's degree or any qualified person employed (i) by an
| 16 |
| organization licensed or funded by the Department of Human
| 17 |
| Services, (ii) by units of local
government, or (iii) by | 18 |
| agencies or organizations operating drug abuse programs
funded | 19 |
| or licensed by the Federal Government or the State of Illinois
| 20 |
| or any qualified person employed by or associated with any | 21 |
| public or private
alcoholism or drug abuse program licensed by | 22 |
| the State of Illinois who
provides counseling to a minor | 23 |
| patient who has come into contact with any
sexually transmitted | 24 |
| disease referred to in Section 4 of this
Act may, but shall not | 25 |
| be
obligated to, inform the parent, parents, or guardian of the | 26 |
| minor as to
the treatment given or needed. Any person described | 27 |
| in this Section who
provides counseling to a minor who abuses | 28 |
| drugs or alcohol or has a family
member who abuses drugs or | 29 |
| alcohol shall not inform the parent, parents,
guardian, or | 30 |
| other responsible adult of the minor's condition or treatment
| 31 |
| without the minor's consent unless that action is, in the | 32 |
| person's
judgment, necessary to protect the safety of the | 33 |
| minor, a family member, or
another individual.
|
|
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| Any such person shall, upon the minor's consent, make | 2 |
| reasonable efforts
to involve the family of the minor in his or | 3 |
| her treatment, if the person
furnishing the treatment believes | 4 |
| that the involvement of the family will
not be detrimental to | 5 |
| the progress and care of the minor. Reasonable effort
shall be | 6 |
| extended to assist the minor in accepting the involvement of | 7 |
| his
or her family in the care and treatment being given.
| 8 |
| (Source: P.A. 89-187, eff. 7-19-95; 89-507, eff. 7-1-97.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
|
|