Full Text of SB3608 102nd General Assembly
SB3608 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3608 Introduced 1/19/2022, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: |
| 5 ILCS 490/148 | | 20 ILCS 2310/2310-256 | | 105 ILCS 5/22-80 | | 105 ILCS 128/5 | | 410 ILCS 53/15 | | 410 ILCS 705/5-25 | | 720 ILCS 648/5 | | 730 ILCS 168/40 | | 820 ILCS 310/1 | from Ch. 48, par. 172.36 |
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Amends various laws to include emergency medical dispatchers in references to first responders.
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| | A BILL FOR |
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| 1 | | AN ACT concerning emergency services.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Commemorative Dates Act is amended by | 5 | | changing Section 148 as follows: | 6 | | (5 ILCS 490/148) | 7 | | Sec. 148. First Responder Mental Health Awareness Day. The | 8 | | third Friday in May of each year is designated as First | 9 | | Responder Mental Health Awareness Day, to be observed | 10 | | throughout the State as a day to honor firefighters, police | 11 | | officers, emergency medical dispatchers, and other first | 12 | | responders who have lost their lives due to and suffer from | 13 | | post-traumatic stress disorder, depression, and other mental | 14 | | health issues.
| 15 | | (Source: P.A. 100-900, eff. 1-1-19 .) | 16 | | Section 10. The Department of Public Health Powers and | 17 | | Duties Law of the
Civil Administrative Code of Illinois is | 18 | | amended by changing Section 2310-256 as follows:
| 19 | | (20 ILCS 2310/2310-256)
| 20 | | Sec. 2310-256.
Public information campaign;
statewide
| 21 | | response plans.
The Department shall, whenever the State is |
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| 1 | | required by the federal
government to
implement a statewide | 2 | | response plan to a national public health threat, conduct
an
| 3 | | information campaign for
the general public and for medical | 4 | | professionals concerning the need for public
participation in
| 5 | | the plan, the risks involved in inoculation or treatment, any | 6 | | advisories
concerning the need for
medical consultation before | 7 | | receiving inoculation or treatment, and the rights
and | 8 | | responsibilities
of the general public, medical professionals, | 9 | | and first responders , including, but not limited to, emergency | 10 | | medical dispatchers, regarding
the provision and
receipt of | 11 | | inoculation 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 | 14 | | 22-80 as follows: | 15 | | (105 ILCS 5/22-80) | 16 | | Sec. 22-80. Student athletes; concussions and head | 17 | | injuries. | 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 | 8 | | under the Illinois Athletic Trainers Practice Act who is | 9 | | working under the supervision of a physician. | 10 | | "Coach" means any volunteer or employee of a school who is | 11 | | responsible for organizing and supervising students to teach | 12 | | them or train them in the fundamental skills of an | 13 | | interscholastic athletic activity. "Coach" refers to both head | 14 | | coaches and assistant coaches. | 15 | | "Concussion" means a complex pathophysiological process | 16 | | affecting the brain caused by a traumatic physical force or | 17 | | impact to the head or body, which may include temporary or | 18 | | prolonged altered brain function resulting in physical, | 19 | | cognitive, or emotional symptoms or altered sleep patterns and | 20 | | which may or may not involve a loss of consciousness. | 21 | | "Department" means the Department of Financial and | 22 | | Professional Regulation. | 23 | | "Game official" means a person who officiates at an | 24 | | interscholastic athletic activity, such as a referee or | 25 | | umpire, including, but not limited to, persons enrolled as | 26 | | game officials by the Illinois High School Association or |
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| 1 | | Illinois Elementary School Association. | 2 | | "Interscholastic athletic activity" means any organized | 3 | | school-sponsored or school-sanctioned activity for students, | 4 | | generally outside of school instructional hours, under the | 5 | | direction of a coach, athletic director, or band leader, | 6 | | including, but not limited to, baseball, basketball, | 7 | | cheerleading, cross country track, fencing, field hockey, | 8 | | football, golf, gymnastics, ice hockey, lacrosse, marching | 9 | | band, rugby, soccer, skating, softball, swimming and diving, | 10 | | tennis, track (indoor and outdoor), ultimate Frisbee, | 11 | | volleyball, water polo, and wrestling. All interscholastic | 12 | | athletics are deemed to be interscholastic activities. | 13 | | "Licensed healthcare professional" means a person who has | 14 | | experience with concussion management and who is a nurse, a | 15 | | psychologist who holds a license under the Clinical | 16 | | Psychologist Licensing Act and specializes in the practice of | 17 | | neuropsychology, a physical therapist licensed under the | 18 | | Illinois Physical Therapy Act, an occupational therapist | 19 | | licensed under the Illinois Occupational Therapy Practice Act, | 20 | | a physician assistant, or an athletic trainer. | 21 | | "Nurse" means a person who is employed by or volunteers at | 22 | | a school and is licensed under the Nurse Practice Act as a | 23 | | registered nurse, practical nurse, or advanced practice | 24 | | registered nurse. | 25 | | "Physician" means a physician licensed to practice | 26 | | medicine in all of its branches under the Medical Practice Act |
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| 1 | | of 1987. | 2 | | "Physician assistant" means a physician assistant licensed | 3 | | under the Physician Assistant Practice Act of 1987. | 4 | | "School" means any public or private elementary or | 5 | | secondary school, including a charter school. | 6 | | "Student" means an adolescent or child enrolled in a | 7 | | school. | 8 | | (c) This Section applies to any interscholastic athletic | 9 | | activity, including practice and competition, sponsored or | 10 | | sanctioned by a school, the Illinois Elementary School | 11 | | Association, or the Illinois High School Association. This | 12 | | Section applies beginning with the 2016-2017 school year. | 13 | | (d) The governing body of each public or charter school | 14 | | and the appropriate administrative officer of a private school | 15 | | with students enrolled who participate in an interscholastic | 16 | | athletic activity shall appoint or approve a concussion | 17 | | oversight team. Each concussion oversight team shall establish | 18 | | a return-to-play protocol, based on peer-reviewed scientific | 19 | | evidence consistent with Centers for Disease Control and | 20 | | Prevention guidelines, for a student's return to | 21 | | interscholastic athletics practice or competition following a | 22 | | force or impact believed to have caused a concussion. Each | 23 | | concussion oversight team shall also establish a | 24 | | return-to-learn protocol, based on peer-reviewed scientific | 25 | | evidence consistent with Centers for Disease Control and | 26 | | Prevention guidelines, for a student's return to the classroom |
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| 1 | | after that student is believed to have experienced a | 2 | | concussion, whether or not the concussion took place while the | 3 | | student was participating in an interscholastic athletic | 4 | | activity. | 5 | | Each concussion oversight team must include to the extent | 6 | | practicable at least one physician. If a school employs an | 7 | | athletic trainer, the athletic trainer must be a member of the | 8 | | school concussion oversight team to the extent practicable. If | 9 | | a school employs a nurse, the nurse must be a member of the | 10 | | school concussion oversight team to the extent practicable. At | 11 | | a minimum, a school shall appoint a person who is responsible | 12 | | for implementing and complying with the return-to-play and | 13 | | return-to-learn protocols adopted by the concussion oversight | 14 | | team. At a minimum, a concussion oversight team may be | 15 | | composed of only one person and this person need not be a | 16 | | licensed healthcare professional, but it may not be a coach. A | 17 | | school may appoint other licensed healthcare professionals to | 18 | | serve on the concussion oversight team. | 19 | | (e) A student may not participate in an interscholastic | 20 | | athletic activity for a school year until the student and the | 21 | | student's parent or guardian or another person with legal | 22 | | authority to make medical decisions for the student have | 23 | | signed a form for that school year that acknowledges receiving | 24 | | and reading written information that explains concussion | 25 | | prevention, symptoms, treatment, and oversight and that | 26 | | includes guidelines for safely resuming participation in an |
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| 1 | | athletic activity following a concussion. The form must be | 2 | | approved by the Illinois High School Association. | 3 | | (f) A student must be removed from an interscholastic | 4 | | athletics practice or competition immediately if one of the | 5 | | following persons believes the student might have sustained a | 6 | | concussion 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 | 18 | | practice or competition under this Section may not be | 19 | | permitted to practice or compete again following the force or | 20 | | impact 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 | 7 | | authorize a student's return to play or return to learn. | 8 | | The district superintendent or the superintendent's | 9 | | designee in the case of a public elementary or secondary | 10 | | school, the chief school administrator or that person's | 11 | | designee in the case of a charter school, or the appropriate | 12 | | administrative officer or that person's designee in the case | 13 | | of a private school shall supervise an athletic trainer or | 14 | | other person responsible for compliance with the | 15 | | return-to-play protocol and shall supervise the person | 16 | | responsible for compliance with the return-to-learn protocol. | 17 | | The person who has supervisory responsibilities under this | 18 | | paragraph may not be a coach of an interscholastic athletics | 19 | | team. | 20 | | (h)(1) The Illinois High School Association shall approve, | 21 | | for coaches, game officials, and non-licensed healthcare | 22 | | professionals, training courses that provide for not less than | 23 | | 2 hours of training in the subject matter of concussions, | 24 | | including evaluation, prevention, symptoms, risks, and | 25 | | long-term effects. The Association shall maintain an updated | 26 | | list of individuals and organizations authorized by the |
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| 1 | | Association to provide the training. | 2 | | (2) The following persons must take a training course in | 3 | | accordance with paragraph (4) of this subsection (h) from an | 4 | | authorized 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 | 14 | | oversight team shall, to the greatest extent practicable, | 15 | | periodically take an appropriate continuing medical education | 16 | | course 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 | 17 | | subsection (h) must submit proof of timely completion of an | 18 | | approved course in compliance with paragraph (4) of this | 19 | | subsection (h) to the district superintendent or the | 20 | | superintendent's designee in the case of a public elementary | 21 | | or secondary school, the chief school administrator or that | 22 | | person's designee in the case of a charter school, or the | 23 | | appropriate administrative officer or that person's designee | 24 | | in the case of a private school. | 25 | | (6) A physician, licensed healthcare professional, or | 26 | | non-licensed healthcare professional who is not in compliance |
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| 1 | | with the training requirements under this subsection (h) may | 2 | | not serve on a concussion oversight team in any capacity. | 3 | | (7) A person required under this subsection (h) to take a | 4 | | training course in the subject of concussions must complete | 5 | | the training prior to serving on a concussion oversight team | 6 | | in any capacity. | 7 | | (i) The governing body of each public or charter school | 8 | | and the appropriate administrative officer of a private school | 9 | | with students enrolled who participate in an interscholastic | 10 | | athletic activity shall develop a school-specific emergency | 11 | | action plan for interscholastic athletic activities to address | 12 | | the serious injuries and acute medical conditions in which the | 13 | | condition of the student may deteriorate rapidly. The plan | 14 | | shall include a delineation of roles, methods of | 15 | | communication, available emergency equipment, and access to | 16 | | and a plan for emergency transport. This emergency action plan | 17 | | must 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 | 9 | | necessary to administer this Section, including, but not | 10 | | limited to, rules governing the informal or formal | 11 | | accommodation of a student who may have sustained a concussion | 12 | | during an interscholastic athletic activity.
| 13 | | (Source: P.A. 100-309, eff. 9-1-17; 100-513, eff. 1-1-18; | 14 | | 100-747, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81, eff. | 15 | | 7-12-19.) | 16 | | Section 20. The School Safety Drill Act is amended by | 17 | | changing 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 | 21 | | and districts, law enforcement agencies and officials, | 22 | | emergency medical responders, emergency medical dispatchers, | 23 | | and emergency management officials involved in the execution | 24 | | and documentation of the drills administered under this Act. |
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| 1 | | "School" means a public or private facility that offers | 2 | | elementary or secondary education to students under the age of | 3 | | 21. As used in this definition, "public facility" means a | 4 | | facility operated by the State or by a unit of local | 5 | | government. As used in this definition, "private facility" | 6 | | means any non-profit, non-home-based, non-public elementary or | 7 | | secondary school that is in compliance with Title VI of the | 8 | | Civil Rights Act of 1964 and attendance at which satisfies the | 9 | | requirements of Section 26-1 of the School Code. While more | 10 | | than one school may be housed in a facility, for purposes of | 11 | | this Act, the facility shall be considered a school. When a | 12 | | school has more than one location, for purposes of this Act, | 13 | | each different location shall be considered its own school. | 14 | | "School safety drill" means a pre-planned exercise | 15 | | conducted by a school in accordance with the drills and | 16 | | requirements set forth in this Act.
| 17 | | (Source: P.A. 94-600, eff. 8-16-05.) | 18 | | Section 25. The Suicide Prevention, Education, and | 19 | | Treatment 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 | 23 | | creator, planner, monitor, and advocate for the Illinois | 24 | | Suicide Prevention Strategic Plan. No later than one year |
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| 1 | | after the effective date of this amendatory Act of the 101st | 2 | | General Assembly, the Alliance shall review, finalize, and | 3 | | submit to the Governor and the General Assembly the 2020 | 4 | | Illinois Suicide Prevention Strategic Plan and appropriate | 5 | | processes and outcome objectives for 10 overriding | 6 | | recommendations 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 | 20 | | missions of major State mental health, health, aging, and | 21 | | school mental health programs and recommend, as necessary and | 22 | | appropriate, statutory changes to include suicide prevention | 23 | | in the missions and procedures of those programs. The Alliance | 24 | | shall prepare a report of that review, including its | 25 | | recommendations, and shall submit the report to the Department | 26 | | for inclusion in its annual report to the Governor and the |
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| 1 | | General Assembly. | 2 | | (c) The Director of Public Health shall appoint the | 3 | | members of the Alliance. The membership of the Alliance shall | 4 | | include, without limitation, representatives of statewide | 5 | | organizations and other agencies that focus on the prevention | 6 | | of suicide and the improvement of mental health treatment or | 7 | | that provide suicide prevention or survivor support services. | 8 | | Other disciplines that shall be considered for membership on | 9 | | the Alliance include law enforcement, first responders | 10 | | (including, but not limited to, emergency medical | 11 | | dispatchers) , faith-based community leaders, universities, and | 12 | | survivors of suicide (families and friends who have lost | 13 | | persons to suicide) as well as consumers of services of these | 14 | | agencies and organizations.
| 15 | | (d) The Alliance shall meet at least 4 times a year, and | 16 | | more as deemed necessary, in various sites statewide in order | 17 | | to foster as much participation as possible. The Alliance, a | 18 | | steering committee, and core members of the full committee | 19 | | shall monitor and guide the definition and direction of the | 20 | | goals of the full Alliance, shall review and approve | 21 | | productions of the plan, and shall meet before the full | 22 | | Alliance meetings.
| 23 | | (Source: P.A. 101-331, eff. 8-9-19.) | 24 | | Section 30. The Cannabis Regulation and Tax Act is amended | 25 | | by 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 | 3 | | warning recommendations. | 4 | | (a) The Department of Public Health shall make | 5 | | recommendations to the Department of Agriculture and the | 6 | | Department of Financial and Professional Regulation on | 7 | | appropriate health warnings for dispensaries and advertising, | 8 | | which may apply to all cannabis products, including item-type | 9 | | specific labeling or warning requirements, regulate the | 10 | | facility where cannabis-infused products are made, regulate | 11 | | cannabis-infused products as provided in subsection (e) of | 12 | | Section 55-5, and facilitate the Adult Use Cannabis Health | 13 | | Advisory Committee. | 14 | | (b) An Adult Use Cannabis Health Advisory Committee is | 15 | | hereby created and shall meet at least twice annually. The | 16 | | Chairperson may schedule meetings more frequently upon his or | 17 | | her initiative or upon the request of a Committee member. | 18 | | Meetings may be held in person or by teleconference. The | 19 | | Committee shall discuss and monitor changes in drug use data | 20 | | in Illinois and the emerging science and medical information | 21 | | relevant to the health effects associated with cannabis use | 22 | | and may provide recommendations to the Department of Human | 23 | | Services about public health awareness campaigns and messages. | 24 | | The Committee shall include the following members appointed by | 25 | | the Governor and shall represent the geographic, ethnic, and |
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| 1 | | racial 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, | 24 | | 2021, and every year thereafter, to the General Assembly. The | 25 | | Department of Public Health shall make the report available on | 26 | | its 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 | 3 | | amended by changing Section 5 as follows: | 4 | | (720 ILCS 648/5) | 5 | | Sec. 5. Purpose. The purpose of this Act is to reduce the | 6 | | harm that methamphetamine manufacturing and manufacturers are | 7 | | inflicting on individuals, families, communities, first | 8 | | responders (including, but not limited to, emergency medical | 9 | | dispatchers) , the economy, and the environment in Illinois, by | 10 | | making it more difficult for persons engaged in the unlawful | 11 | | manufacture of methamphetamine and related activities to | 12 | | obtain methamphetamine's essential ingredient, ephedrine or | 13 | | pseudoephedrine. It is the intent of the General Assembly that | 14 | | this Act operate in tandem with and be interpreted as | 15 | | consistent with federal laws and regulations relating to the | 16 | | subject 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 | 19 | | amended 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 |
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| 1 | | County is directed to demonstrate the impact of alternative | 2 | | treatment court, crisis intervention training for first | 3 | | responders (including, but not limited to, emergency medical | 4 | | dispatchers) , and assisted outpatient treatment in reducing | 5 | | the number of mentally ill people admitted into the | 6 | | correctional system. The mental health court in Kane County is | 7 | | authorized to cooperate with one or more accredited mental | 8 | | health service providers to provide services to defendants as | 9 | | directed by the mental health court. The mental health court | 10 | | in Kane County is authorized to cooperate with one or more | 11 | | institutions of higher education to publish peer-reviewed | 12 | | studies of the outcomes generated by the mental health court. | 13 | | (b) In this Section, "accredited mental health service | 14 | | provider" refers to a provider of community mental health | 15 | | services as authorized by subsection (d-5) of Section 3 of the | 16 | | Community Services Act.
| 17 | | (Source: P.A. 97-440, eff. 1-1-12.) | 18 | | Section 45. The Workers' Occupational Diseases Act is | 19 | | amended by changing Section 1 as follows:
| 20 | | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
| 21 | | Sec. 1. This Act shall be known and may be cited as the | 22 | | "Workers'
Occupational Diseases Act".
| 23 | | (a) The term "employer" as used in this Act shall be | 24 | | construed to
be:
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| 1 | | 1. The State and each county, city, town, township, | 2 | | incorporated
village, school district, body politic, or | 3 | | municipal corporation
therein.
| 4 | | 2. Every person, firm, public or private corporation, | 5 | | including
hospitals, public service, eleemosynary, | 6 | | religious or charitable
corporations or associations, who | 7 | | has any person in service or under any
contract for hire, | 8 | | express or implied, oral or written.
| 9 | | 3. Where an employer operating under and subject to | 10 | | the provisions
of this Act loans an employee to another | 11 | | such employer and such loaned
employee sustains a | 12 | | compensable occupational disease in the employment
of such | 13 | | borrowing employer and where such borrowing employer does | 14 | | not
provide or pay the benefits or payments due such | 15 | | employee, such loaning
employer shall be liable to provide | 16 | | or pay all benefits or payments due
such employee under | 17 | | this Act and as to such employee the liability of
such | 18 | | loaning and borrowing employers shall be joint and | 19 | | several,
provided that such loaning employer shall in the | 20 | | absence of agreement to
the contrary be entitled to | 21 | | receive from such borrowing employer full
reimbursement | 22 | | for all sums paid or incurred pursuant to this paragraph
| 23 | | together with reasonable attorneys' fees and expenses in | 24 | | any hearings
before the Illinois Workers' Compensation | 25 | | Commission or in any action to secure such
reimbursement. | 26 | | Where any benefit is provided or paid by such loaning
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| 1 | | employer, the employee shall have the duty of rendering | 2 | | reasonable
co-operation in any hearings, trials or | 3 | | proceedings in the case,
including such proceedings for | 4 | | reimbursement.
| 5 | | Where an employee files an Application for Adjustment | 6 | | of Claim with
the Illinois Workers' Compensation | 7 | | Commission alleging that his or her claim is covered by
| 8 | | the provisions of the preceding paragraph, and joining | 9 | | both the alleged
loaning and borrowing employers, they and | 10 | | each of them, upon written
demand by the employee and | 11 | | within 7 days after receipt of such demand,
shall have the | 12 | | duty of filing with the Illinois Workers' Compensation | 13 | | Commission a written
admission or denial of the allegation | 14 | | that the claim is covered by the
provisions of the | 15 | | preceding paragraph and in default of such filing or
if | 16 | | any such denial be ultimately determined not to have been | 17 | | bona fide
then the provisions of Paragraph K of Section 19 | 18 | | of this Act shall
apply.
| 19 | | An employer whose business or enterprise or a | 20 | | substantial part
thereof consists of hiring, procuring or | 21 | | furnishing employees to or for
other employers operating | 22 | | under and subject to the provisions of this
Act for the | 23 | | performance of the work of such other employers and who | 24 | | pays
such employees their salary or wage notwithstanding | 25 | | that they are doing
the work of such other employers shall | 26 | | be deemed a loaning employer
within the meaning and |
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| 1 | | provisions of this Section.
| 2 | | (b) The term "employee" as used in this Act, shall be | 3 | | construed to
mean:
| 4 | | 1. Every person in the service of the State, county, | 5 | | city, town,
township, incorporated village or school | 6 | | district, body politic or
municipal corporation therein, | 7 | | whether by election, appointment or
contract of hire, | 8 | | express or implied, oral or written, including any
| 9 | | official of the State, or of any county, city, town, | 10 | | township,
incorporated village, school district, body | 11 | | politic or municipal
corporation therein and except any | 12 | | duly appointed member of the fire
department in any city | 13 | | whose population exceeds 500,000 according to the
last | 14 | | Federal or State census, and except any member of a fire | 15 | | insurance
patrol maintained by a board of underwriters in | 16 | | this State. One employed
by a contractor who has | 17 | | contracted with the State, or a county, city,
town, | 18 | | township, incorporated village, school district, body | 19 | | politic or
municipal corporation therein, through its | 20 | | representatives, shall not be
considered as an employee of | 21 | | the State, county, city, town, township,
incorporated | 22 | | village, school district, body politic or municipal
| 23 | | corporation which made the contract.
| 24 | | 2. Every person in the service of another under any | 25 | | contract of
hire, express or implied, oral or written, who | 26 | | contracts an occupational
disease while working in the |
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| 1 | | State of Illinois, or who contracts an
occupational | 2 | | disease while working outside of the State of Illinois but
| 3 | | where the contract of hire is made within the State of | 4 | | Illinois, and any
person whose employment is principally | 5 | | localized within the State of
Illinois, regardless of the | 6 | | place where the disease was contracted or
place where the | 7 | | contract of hire was made, including aliens, and minors
| 8 | | who, for the purpose of this Act, except Section 3 hereof, | 9 | | shall be
considered the same and have the same power to | 10 | | contract, receive
payments and give quittances therefor, | 11 | | as adult employees. An employee
or his or her dependents | 12 | | under this Act who shall have a cause of action
by reason | 13 | | of an occupational disease, disablement or death arising | 14 | | out
of and in the course of his or her employment may elect | 15 | | or pursue
his or her remedy in the State where the disease | 16 | | was contracted, or in the
State where the contract of hire | 17 | | is made, or in the State where the
employment is | 18 | | principally localized.
| 19 | | (c) "Commission" means the Illinois Workers' Compensation | 20 | | Commission created by the
Workers' Compensation Act, approved | 21 | | July 9, 1951, as amended.
| 22 | | (d) In this Act the term "Occupational Disease" means a | 23 | | disease
arising out of and in the course of the employment or | 24 | | which has become
aggravated and rendered disabling as a result | 25 | | of the exposure of the
employment. Such aggravation shall | 26 | | arise out of a risk peculiar to or
increased by the employment |
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| 1 | | and not common to the general public.
| 2 | | A disease shall be deemed to arise out of the employment if | 3 | | there is
apparent to the rational mind, upon consideration of | 4 | | all the
circumstances, a causal connection between the | 5 | | conditions under which
the work is performed and the | 6 | | occupational disease. The disease need not
to have been | 7 | | foreseen or expected but after its contraction it must
appear | 8 | | to have had its origin or aggravation in a risk connected with
| 9 | | the employment and to have flowed from that source as a | 10 | | rational
consequence.
| 11 | | An employee shall be conclusively deemed to have been | 12 | | exposed to the
hazards of an occupational disease when, for | 13 | | any length of time however
short, he or she is employed in an | 14 | | occupation or process in which the
hazard of the disease | 15 | | exists; provided however, that in a claim of
exposure to | 16 | | atomic radiation, the fact of such exposure must be verified
| 17 | | by the records of the central registry of radiation exposure | 18 | | maintained
by the Department of Public Health or by some other | 19 | | recognized
governmental agency maintaining records of such | 20 | | exposures whenever and
to the extent that the records are on | 21 | | file with the Department of Public
Health or the agency. | 22 | | Any injury to or disease or death of an employee arising | 23 | | from the administration of a vaccine, including without | 24 | | limitation smallpox vaccine, to prepare for, or as a response | 25 | | to, a threatened or potential bioterrorist incident to the | 26 | | employee as part of a voluntary inoculation program in |
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| 1 | | connection with the person's employment or in connection with | 2 | | any governmental program or recommendation for the inoculation | 3 | | of workers in the employee's occupation, geographical area, or | 4 | | other category that includes the employee is deemed to arise | 5 | | out of and in the course of the employment for all purposes | 6 | | under this Act. This paragraph added by Public Act 93-829 is | 7 | | declarative of existing law and is not a new enactment.
| 8 | | The employer liable for the compensation in this Act | 9 | | provided shall
be the employer in whose employment the | 10 | | employee was last exposed to the
hazard of the occupational | 11 | | disease claimed upon regardless of the length
of time of such | 12 | | last exposure, except, in cases of silicosis or
asbestosis, | 13 | | the only employer liable shall be the last employer in whose
| 14 | | employment the employee was last exposed during a period of 60 | 15 | | days or
more after the effective date of this Act, to the | 16 | | hazard of such
occupational disease, and, in such cases, an | 17 | | exposure during a period of
less than 60 days, after the | 18 | | effective date of this Act, shall not be
deemed a last | 19 | | exposure. If a miner who is suffering or suffered from
| 20 | | pneumoconiosis was employed for 10 years or more in one or more | 21 | | coal
mines there shall, effective July 1, 1973 be a rebuttable | 22 | | presumption
that his or her pneumoconiosis arose out of such | 23 | | employment.
| 24 | | If a deceased miner was employed for 10 years or more in | 25 | | one or more
coal mines and died from a respirable disease there | 26 | | shall, effective
July 1, 1973, be a rebuttable presumption |
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| 1 | | that his or her death was due
to pneumoconiosis.
| 2 | | Any condition or impairment of health of an employee | 3 | | employed as a
firefighter, emergency medical technician (EMT), | 4 | | emergency medical technician-intermediate (EMT-I), advanced | 5 | | emergency medical technician (A-EMT), or paramedic which | 6 | | results
directly or indirectly from any bloodborne pathogen, | 7 | | lung or respiratory
disease
or
condition, heart
or vascular | 8 | | disease or condition, hypertension, tuberculosis, or cancer
| 9 | | resulting
in any disability (temporary, permanent, total, or | 10 | | partial) to the employee
shall be rebuttably presumed to arise | 11 | | out of and in the course of the
employee's firefighting, EMT, | 12 | | EMT-I, A-EMT, or paramedic employment and, further, shall be
| 13 | | rebuttably presumed to be causally connected to the hazards or | 14 | | exposures of
the employment. This presumption shall also apply | 15 | | to any hernia or hearing
loss suffered by an employee employed | 16 | | as a firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, | 17 | | this presumption shall not apply to any employee who has been | 18 | | employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic for | 19 | | less than 5 years at the time he or she files an Application | 20 | | for Adjustment of Claim concerning this condition or | 21 | | impairment with the Illinois Workers' Compensation Commission. | 22 | | The rebuttable presumption established under this subsection, | 23 | | however, does not apply to an emergency medical technician | 24 | | (EMT), emergency medical technician-intermediate (EMT-I), | 25 | | advanced emergency medical technician (A-EMT), or paramedic | 26 | | employed by a private employer if the employee spends the |
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| 1 | | preponderance of his or her work time for that employer | 2 | | engaged in medical transfers between medical care facilities | 3 | | or non-emergency medical transfers to or from medical care | 4 | | facilities. The changes made to this subsection by this | 5 | | amendatory Act of the 98th General Assembly shall be narrowly | 6 | | construed. The Finding and Decision of the Illinois Workers' | 7 | | Compensation Commission under only the rebuttable presumption | 8 | | provision of this paragraph shall not be admissible or be | 9 | | deemed res judicata in any disability claim under the Illinois | 10 | | Pension Code arising out of the same medical condition; | 11 | | however, this sentence makes no change to the law set forth in | 12 | | Krohe v. City of Bloomington, 204 Ill.2d 392.
| 13 | | The insurance carrier liable shall be the carrier whose | 14 | | policy was in
effect covering the employer liable on the last | 15 | | day of the exposure
rendering such employer liable in | 16 | | accordance with the provisions of this
Act.
| 17 | | (e) "Disablement" means an impairment or partial | 18 | | impairment,
temporary or permanent, in the function of the | 19 | | body or any of the
members of the body, or the event of | 20 | | becoming disabled from earning full
wages at the work in which | 21 | | the employee was engaged when last exposed to
the hazards of | 22 | | the occupational disease by the employer from whom he or
she | 23 | | claims compensation, or equal wages in other suitable | 24 | | employment;
and "disability" means the state of being so | 25 | | incapacitated.
| 26 | | (f) No compensation shall be payable for or on account of |
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| 1 | | any
occupational disease unless disablement, as herein | 2 | | defined, occurs
within two years after the last day of the last | 3 | | exposure to the hazards
of the disease, except in cases of | 4 | | occupational disease caused by
berylliosis or by the | 5 | | inhalation of silica dust or asbestos dust and, in
such cases, | 6 | | within 3 years after the last day of the last exposure to
the | 7 | | hazards of such disease and except in the case of occupational
| 8 | | disease caused by exposure to radiological materials or | 9 | | equipment, and
in such case, within 25 years after the last day | 10 | | of last exposure to the
hazards of such disease.
| 11 | | (g)(1) In any proceeding before the Commission in which | 12 | | the employee is a COVID-19 first responder or front-line | 13 | | worker as defined in this subsection, if the employee's injury | 14 | | or occupational disease resulted from exposure to and | 15 | | contraction of COVID-19, the exposure and contraction shall be | 16 | | rebuttably presumed to have arisen out of and in the course of | 17 | | the employee's first responder or front-line worker employment | 18 | | and the injury or occupational disease shall be rebuttably | 19 | | presumed to be causally connected to the hazards or exposures | 20 | | of the employee's first responder or front-line worker | 21 | | employment. | 22 | | (2) The term "COVID-19 first responder or front-line | 23 | | worker" means: all individuals employed as police, fire | 24 | | personnel, emergency medical technicians, or paramedics; all | 25 | | individuals employed and considered as first responders | 26 | | (including, but not limited to, emergency medical |
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| 1 | | dispatchers) ; all workers for health care providers, including | 2 | | nursing homes and rehabilitation facilities and home care | 3 | | workers; corrections officers; and any individuals employed by | 4 | | essential businesses and operations as defined in Executive | 5 | | Order 2020-10 dated March 20, 2020, as long as individuals | 6 | | employed by essential businesses and operations are required | 7 | | by their employment to encounter members of the general public | 8 | | or to work in employment locations of more than 15 employees. | 9 | | For purposes of this subsection only, an employee's home or | 10 | | place of residence is not a place of employment, except for | 11 | | home care workers. | 12 | | (3) The presumption created in this subsection may be | 13 | | rebutted by evidence, including, but not limited to, the | 14 | | following: | 15 | | (A) the employee was working from his or her home, on | 16 | | leave from his or her employment, or some combination | 17 | | thereof, for a period of 14 or more consecutive days | 18 | | immediately prior to the employee's injury, occupational | 19 | | disease, or period of incapacity resulted from exposure to | 20 | | COVID-19; or | 21 | | (B) the employer was engaging in and applying to the | 22 | | fullest extent possible or enforcing to the best of its | 23 | | ability industry-specific workplace sanitation, social | 24 | | distancing, and health and safety practices based on | 25 | | updated guidance issued by the Centers for Disease Control | 26 | | and Prevention or Illinois Department of Public Health or |
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| 1 | | was using a combination of administrative controls, | 2 | | engineering controls, or personal protective equipment to | 3 | | reduce the transmission of COVID-19 to all employees for | 4 | | at least 14 consecutive days prior to the employee's | 5 | | injury, occupational disease, or period of incapacity | 6 | | resulting from exposure to COVID-19. For purposes of this | 7 | | subsection, "updated" means the guidance in effect at | 8 | | least 14 days prior to the COVID-19 diagnosis. For | 9 | | purposes of this subsection, "personal protective | 10 | | equipment" means industry-specific equipment worn to | 11 | | minimize exposure to hazards that cause illnesses or | 12 | | serious injuries, which may result from contact with | 13 | | biological, chemical, radiological, physical, electrical, | 14 | | mechanical, or other workplace hazards. "Personal | 15 | | protective equipment" includes, but is not limited to, | 16 | | items such as face coverings, gloves, safety glasses, | 17 | | safety face shields, barriers, shoes, earplugs or muffs, | 18 | | hard hats, respirators, coveralls, vests, and full body | 19 | | suits; or | 20 | | (C) the employee was exposed to COVID-19 by an | 21 | | alternate source. | 22 | | (4) The rebuttable presumption created in this subsection | 23 | | applies to all cases tried after June 5, 2020 (the effective | 24 | | date of Public Act 101-633) and in which the diagnosis of | 25 | | COVID-19 was made on or after March 9, 2020 and on or before | 26 | | June 30, 2021 (including the period between December 31, 2020 |
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| 1 | | and the effective date of this amendatory Act of the 101st | 2 | | General Assembly). | 3 | | (5) Under no circumstances shall any COVID-19 case | 4 | | increase or affect any employer's workers' compensation | 5 | | insurance experience rating or modification, but COVID-19 | 6 | | costs may be included in determining overall State loss costs. | 7 | | (6) In order for the presumption created in this | 8 | | subsection to apply at trial, for COVID-19 diagnoses occurring | 9 | | on or before June 15, 2020, an employee must provide a | 10 | | confirmed medical diagnosis by a licensed medical practitioner | 11 | | or a positive laboratory test for COVID-19 or for COVID-19 | 12 | | antibodies; for COVID-19 diagnoses occurring after June 15, | 13 | | 2020, an employee must provide a positive laboratory test for | 14 | | COVID-19 or for COVID-19 antibodies. | 15 | | (7) The presumption created in this subsection does not | 16 | | apply if the employee's place of employment was solely the | 17 | | employee's home or residence for a period of 14 or more | 18 | | consecutive days immediately prior to the employee's injury, | 19 | | occupational disease, or period of incapacity resulted from | 20 | | exposure to COVID-19. | 21 | | (8) The date of injury or the beginning of the employee's | 22 | | occupational disease or period of disability is either the | 23 | | date that the employee was unable to work due to contraction of | 24 | | COVID-19 or was unable to work due to symptoms that were later | 25 | | diagnosed as COVID-19, whichever came first. | 26 | | (9) An employee who contracts COVID-19, but fails to |
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| 1 | | establish the rebuttable presumption is not precluded from | 2 | | filing for compensation under this Act or under the Workers' | 3 | | Compensation Act. | 4 | | (10) To qualify for temporary total disability benefits | 5 | | under the presumption created in this subsection, the employee | 6 | | must be certified for or recertified for temporary disability. | 7 | | (11) An employer is entitled to a credit against any | 8 | | liability for temporary total disability due to an employee as | 9 | | a result of the employee contracting COVID-19 for (A) any sick | 10 | | leave benefits or extended salary benefits paid to the | 11 | | employee by the employer under Emergency Family Medical Leave | 12 | | Expansion Act, Emergency Paid Sick Leave Act of the Families | 13 | | First Coronavirus Response Act, or any other federal law, or | 14 | | (B) any other credit to which an employer is entitled under the | 15 | | Workers' Compensation Act. | 16 | | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
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