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90_SB1473eng 210 ILCS 5/8 from Ch. 111 1/2, par. 157-8.8 210 ILCS 45/3-202.5 210 ILCS 85/8 from Ch. 111 1/2, par. 149 Amends the Ambulatory Surgical Treatment Center Act, the Nursing Home Care Act, and the Hospital Licensing Act. Provides that architectural drawings and specifications therefor shall be submitted to the Department of Public Health for review and approval before commencing major construction, as defined by the Department, with an estimated cost greater than $25,000 (currently $5,000). Removes fee provisions for construction costing $5,000 or more but less than $25,000. LRB9011352LDdv SB1473 Engrossed LRB9011352LDdv 1 AN ACT concerning health care facilities, amending named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Ambulatory Surgical Treatment Center Act 6 is amended by changing Section 8 as follows: 7 (210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8) 8 Sec. 8. Facility plan review; fees. 9 (a) Before commencing construction of new facilities or 10 specified types of alteration or additions to an existing 11 ambulatory surgical treatment center involving major 12 construction, as defined by rule by the Department,orwith 13 an estimated cost greater than $100,000$5,000, architectural 14 drawings and specifications therefor shall be submitted to 15 the Department for review and approval. A facility may submit 16 architectural drawings and specifications for other 17 construction projects for Department review according to 18 subsection (b) that shall not be subject to fees under 19 subsection (d). Review of drawings and specifications shall 20 be conducted by an employee of the Department meeting the 21 qualifications established by the Department of Central 22 Management Services class specifications for such an 23 individual's position or by a person contracting with the 24 Department who meets those class specifications. Final 25 approval of the drawings and specifications for compliance 26 with design and construction standards shall be obtained from 27 the Department before the alteration, addition, or new 28 construction is begun. 29 (b) The Department shall inform an applicant in writing 30 within 10 working days after receiving drawings and 31 specifications and the required fee, if any, from the SB1473 Engrossed -2- LRB9011352LDdv 1 applicant whether the applicant's submission is complete or 2 incomplete. Failure to provide the applicant with this 3 notice within 10 working days shall result in the submission 4 being deemed complete for purposes of initiating the 60-day 5 review period under this Section. If the submission is 6 incomplete, the Department shall inform the applicant of the 7 deficiencies with the submission in writing. If the 8 submission is complete and the required fee, if any, has been 9 paid, the Department shall approve or disapprove drawings and 10 specifications submitted to the Department no later than 60 11 days following receipt by the Department. The drawings and 12 specifications shall be of sufficient detail, as provided by 13 Department rule, to enable the Department to render a 14 determination of compliance with design and construction 15 standards under this Act. If the Department finds that the 16 drawings are not of sufficient detail for it to render a 17 determination of compliance, the plans shall be determined to 18 be incomplete and shall not be considered for purposes of 19 initiating the 60 day review period. If a submission of 20 drawings and specifications is incomplete, the applicant may 21 submit additional information. The 60-day review period 22 shall not commence until the Department determines that a 23 submission of drawings and specifications is complete or the 24 submission is deemed complete. If the Department has not 25 approved or disapproved the drawings and specifications 26 within 60 days, the construction, major alteration, or 27 addition shall be deemed approved. If the drawings and 28 specifications are disapproved, the Department shall state in 29 writing, with specificity, the reasons for the disapproval. 30 The entity submitting the drawings and specifications may 31 submit additional information in response to the written 32 comments from the Department or request a reconsideration of 33 the disapproval. A final decision of approval or disapproval 34 shall be made within 45 days of the receipt of the additional SB1473 Engrossed -3- LRB9011352LDdv 1 information or reconsideration request. If denied, the 2 Department shall state the specific reasons for the denial. 3 (c) The Department shall provide written approval for 4 occupancy pursuant to subsection (g) and shall not issue a 5 violation to a facility as a result of a licensure or 6 complaint survey based upon the facility's physical structure 7 if: 8 (1) the Department reviewed and approved or deemed 9 approved the drawings and specifications for compliance 10 with design and construction standards; 11 (2) the construction, major alteration, or addition 12 was built as submitted; 13 (3) the law or rules have not been amended since 14 the original approval; and 15 (4) the conditions at the facility indicate that 16 there is a reasonable degree of safety provided for the 17 patientsviolation does not create a direct threat to the18health, safety, or welfare of a resident. 19 (d) The Department shall charge the following fees in 20 connection with its reviews conducted before June 30, 2000 21 under this Section: 22 (1) (Blank).If the estimated dollar value of the23alteration, addition, or new construction is $5,000 or24more but less than $25,000, the fee shall be the greater25of $300 or 6% of that value.26 (2) (Blank).If the estimated dollar value of the27alteration, addition, or new construction is $25,000 or28more but less than $100,000, the fee shall be the greater29of $1,500 or 2.4% of that value.30 (3) If the estimated dollar value of the 31 alteration, addition, or new construction is $100,000 or 32 more but less than $500,000, the fee shall be the greater 33 of $2,400 or 1.2% of that value. 34 (4) If the estimated dollar value of the SB1473 Engrossed -4- LRB9011352LDdv 1 alteration, addition, or new construction is $500,000 or 2 more but less than $1,000,000, the fee shall be the 3 greater of $6,000 or 0.96% of that value. 4 (5) If the estimated dollar value of the 5 alteration, addition, or new construction is $1,000,000 6 or more but less than $5,000,000, the fee shall be the 7 greater of $9,600 or 0.22% of that value. 8 (6) If the estimated dollar value of the 9 alteration, addition, or new construction is $5,000,000 10 or more, the fee shall be the greater of $11,000 or 0.11% 11 of that value, but shall not exceed $40,000. 12 The fees provided in this subsection (d) shall not apply 13 to major construction projects involving facility changes 14 that are required by Department rule amendments. 15 The fees provided in this subsection (d) shall also not 16 apply to major construction projects if 51% or more of the 17 estimated cost of the project is attributed to capital 18 equipment. For major construction projects where 51% or more 19 of the estimated cost of the project is attributed to capital 20 equipment, the Department shall by rule establish a fee that 21 is reasonably related to the cost of reviewing the project. 22 The Department shall not commence the facility plan 23 review process under this Section until the applicable fee 24 has been paid. 25 (e) All fees received by the Department under this 26 Section shall be deposited into the Health Facility Plan 27 Review Fund, a special fund created in the State Treasury. 28 Moneys shall be appropriated from that Fund to the Department 29 only to pay the costs of conducting reviews under this 30 Section. All fees paid by ambulatory surgical treatment 31 centers under subsection (d) shall be used only to cover the 32 costs relating to the Department's review of ambulatory 33 surgical treatment center projects under this Section. None 34 of the moneys in the Health Facility Plan Review Fund shall SB1473 Engrossed -5- LRB9011352LDdv 1 be used to reduce the amount of General Revenue Fund moneys 2 appropriated to the Department for facility plan reviews 3 conducted pursuant to this Section. 4 (f) (1) The provisions of this amendatory Act of 1997 5 concerning drawings and specifications shall apply only 6 to drawings and specifications submitted to the 7 Department on or after October 1, 1997. 8 (2) On and after the effective date of this 9 amendatory Act of 1997 and before October 1, 1997, an 10 applicant may submit or resubmit drawings and 11 specifications to the Department and pay the fees 12 provided in subsection (d). If an applicant pays the 13 fees provided in subsection (d) under this paragraph (2), 14 the provisions of subsection (b) shall apply with regard 15 to those drawings and specifications. 16 (g) The Department shall conduct an on-site inspection 17 of the completed project no later than 30 days after 18 notification from the applicant that the project has been 19 completed and all certifications required by the Department 20 have been received and accepted by the Department. The 21 Department shall provide written approval for occupancy to 22 the applicant within 5 working days of the Department's final 23 inspection, provided the applicant has demonstrated 24 substantial compliance as defined by Department rule. 25 Occupancy of new major construction is prohibited until 26 Department approval is received, unless the Department has 27 not acted within the time frames provided in this subsection 28 (g), in which case the construction shall be deemed approved. 29 Occupancy shall be authorizedIf the plans and drawings are30approved pursuant to subsection (b), occupancy shall be31allowedafter any required health inspection by the 32 Department has been conducted. 33 (h) The Department shall establish, by rule, a procedure 34 to conduct interim on-site review of large or complex SB1473 Engrossed -6- LRB9011352LDdv 1 construction projects. 2 (i) The Department shall establish, by rule, an 3 expedited process for emergency repairs or replacement of 4 like equipment. 5 (j) Nothing in this Section shall be construed to apply 6 to maintenance, upkeep, or renovation that does not affect 7 the structural integrity of the building, does not add beds 8 or services over the number for which the facility is 9 licensed, and provides a reasonable degree of safety for the 10 patients. 11 (Source: P.A. 90-327, eff. 8-8-97.) 12 Section 10. The Nursing Home Care Act is amended by 13 changing Section 3-202.5 as follows: 14 (210 ILCS 45/3-202.5) 15 Sec. 3-202.5. Facility plan review; fees. 16 (a) Before commencing construction of a new facility or 17 specified types of alteration or additions to an existing 18 long term care facility involving major construction, as 19 defined by rule by the Department,orwith an estimated cost 20 greater than $100,000$5,000, architectural drawings and 21 specifications for the facility shall be submitted to the 22 Department for review and approval. A facility may submit 23 architectural drawings and specifications for other 24 construction projects for Department review according to 25 subsection (b) that shall not be subject to fees under 26 subsection (d). Review of drawings and specifications shall 27 be conducted by an employee of the Department meeting the 28 qualifications established by the Department of Central 29 Management Services class specifications for such an 30 individual's position or by a person contracting with the 31 Department who meets those class specifications. Final 32 approval of the drawings and specifications for compliance SB1473 Engrossed -7- LRB9011352LDdv 1 with design and construction standards shall be obtained from 2 the Department before the alteration, addition, or new 3 construction is begun. 4 (b) The Department shall inform an applicant in writing 5 within 10 working days after receiving drawings and 6 specifications and the required fee, if any, from the 7 applicant whether the applicant's submission is complete or 8 incomplete. Failure to provide the applicant with this 9 notice within 10 working days shall result in the submission 10 being deemed complete for purposes of initiating the 60-day 11 review period under this Section. If the submission is 12 incomplete, the Department shall inform the applicant of the 13 deficiencies with the submission in writing. If the 14 submission is complete the required fee, if any, has been 15 paid, the Department shall approve or disapprove drawings and 16 specifications submitted to the Department no later than 60 17 days following receipt by the Department. The drawings and 18 specifications shall be of sufficient detail, as provided by 19 Department rule, to enable the Department to render a 20 determination of compliance with design and construction 21 standards under this Act. If the Department finds that the 22 drawings are not of sufficient detail for it to render a 23 determination of compliance, the plans shall be determined to 24 be incomplete and shall not be considered for purposes of 25 initiating the 60 day review period. If a submission of 26 drawings and specifications is incomplete, the applicant may 27 submit additional information. The 60-day review period 28 shall not commence until the Department determines that a 29 submission of drawings and specifications is complete or the 30 submission is deemed complete. If the Department has not 31 approved or disapproved the drawings and specifications 32 within 60 days, the construction, major alteration, or 33 addition shall be deemed approved. If the drawings and 34 specifications are disapproved, the Department shall state in SB1473 Engrossed -8- LRB9011352LDdv 1 writing, with specificity, the reasons for the disapproval. 2 The entity submitting the drawings and specifications may 3 submit additional information in response to the written 4 comments from the Department or request a reconsideration of 5 the disapproval. A final decision of approval or disapproval 6 shall be made within 45 days of the receipt of the additional 7 information or reconsideration request. If denied, the 8 Department shall state the specific reasons for the denial. 9 (c) The Department shall provide written approval for 10 occupancy pursuant to subsection (g) and shall not issue a 11 violation to a facility as a result of a licensure or 12 complaint survey based upon the facility's physical structure 13 if: 14 (1) the Department reviewed and approved or deemed 15 approved the drawings and specifications for compliance 16 with design and construction standards; 17 (2) the construction, major alteration, or addition 18 was built as submitted; 19 (3) the law or rules have not been amended since 20 the original approval; and 21 (4) the conditions at the facility indicate that 22 there is a reasonable degree of safety provided for the 23 residentsviolation does not create a direct threat to24the health, safety, or welfare of a resident. 25 (d) The Department shall charge the following fees in 26 connection with its reviews conducted before June 30, 2000 27 under this Section: 28 (1) (Blank).If the estimated dollar value of the29alteration, addition, or new construction is $5,000 or30more but less than $25,000, the fee shall be the greater31of $300 or 6% of the value.32 (2) (Blank).If the estimated dollar value of the33alteration, addition, or new construction is $25,000 or34more but less than $100,000, the fee shall be the greaterSB1473 Engrossed -9- LRB9011352LDdv 1of $1,500 or 2.4% of that value.2 (3) If the estimated dollar value of the 3 alteration, addition, or new construction is $100,000 or 4 more but less than $500,000, the fee shall be the greater 5 of $2,400 or 1.2% of that value. 6 (4) If the estimated dollar value of the 7 alteration, addition, or new construction is $500,000 or 8 more but less than $1,000,000, the fee shall be the 9 greater of $6,000 or 0.96% of that value. 10 (5) If the estimated dollar value of the 11 alteration, addition, or new construction is $1,000,000 12 or more but less than $5,000,000, the fee shall be the 13 greater of $9,600 or 0.22% of that value. 14 (6) If the estimated dollar value of the 15 alteration, addition, or new construction is $5,000,000 16 or more, the fee shall be the greater of $11,000 or 0.11% 17 of that value, but shall not exceed $40,000. 18 The fees provided in this subsection (d) shall not apply 19 to major construction projects involving facility changes 20 that are required by Department rule amendments. 21 The fees provided in this subsection (d) shall also not 22 apply to major construction projects if 51% or more of the 23 estimated cost of the project is attributed to capital 24 equipment. For major construction projects where 51% or more 25 of the estimated cost of the project is attributed to capital 26 equipment, the Department shall by rule establish a fee that 27 is reasonably related to the cost of reviewing the project. 28 The Department shall not commence the facility plan 29 review process under this Section until the applicable fee 30 has been paid. 31 (e) All fees received by the Department under this 32 Section shall be deposited into the Health Facility Plan 33 Review Fund, a special fund created in the State Treasury. 34 All fees paid by long-term care facilities under subsection SB1473 Engrossed -10- LRB9011352LDdv 1 (d) shall be used only to cover the costs relating to the 2 Department's review of long-term care facility projects under 3 this Section. Moneys shall be appropriated from that Fund to 4 the Department only to pay the costs of conducting reviews 5 under this Section. None of the moneys in the Health Facility 6 Plan Review Fund shall be used to reduce the amount of 7 General Revenue Fund moneys appropriated to the Department 8 for facility plan reviews conducted pursuant to this Section. 9 (f) (1) The provisions of this amendatory Act of 1997 10 concerning drawings and specifications shall apply only 11 to drawings and specifications submitted to the 12 Department on or after October 1, 1997. 13 (2) On and after the effective date of this 14 amendatory Act of 1997 and before October 1, 1997, an 15 applicant may submit or resubmit drawings and 16 specifications to the Department and pay the fees 17 provided in subsection (d). If an applicant pays the 18 fees provided in subsection (d) under this paragraph (2), 19 the provisions of subsection (b) shall apply with regard 20 to those drawings and specifications. 21 (g) The Department shall conduct an on-site inspection 22 of the completed project no later than 30 days after 23 notification from the applicant that the project has been 24 completed and all certifications required by the Department 25 have been received and accepted by the Department. The 26 Department shall provide written approval for occupancy to 27 the applicant within 5 working days of the Department's final 28 inspection, provided the applicant has demonstrated 29 substantial compliance as defined by Department rule. 30 Occupancy of new major construction is prohibited until 31 Department approval is received, unless the Department has 32 not acted within the time frames provided in this subsection 33 (g), in which case the construction shall be deemed approved. 34 Occupancy shall be authorizedIf the plans and drawings areSB1473 Engrossed -11- LRB9011352LDdv 1approved pursuant to subsection (b), occupancy shall be2allowedafter any required health inspection by the 3 Department has been conducted. 4 (h) The Department shall establish, by rule, a procedure 5 to conduct interim on-site review of large or complex 6 construction projects. 7 (i) The Department shall establish, by rule, an 8 expedited process for emergency repairs or replacement of 9 like equipment. 10 (j) Nothing in this Section shall be construed to apply 11 to maintenance, upkeep, or renovation that does not affect 12 the structural integrity of the building, does not add beds 13 or services over the number for which the long-term care 14 facility is licensed, and provides a reasonable degree of 15 safety for the residents. 16 (Source: P.A. 90-327, eff. 8-8-97.) 17 Section 15. The Hospital Licensing Act is amended by 18 changing Section 8 as follows: 19 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149) 20 Sec. 8. Facility plan review; fees. 21 (a) Before commencing construction of new facilities or 22 specified types of alteration or additions to an existing 23 hospital involving major construction, as defined by rule by 24 the Department,orwith an estimated cost greater than 25 $100,000$5,000, architectural plans and specifications 26 therefor shall be submitted by the licensee to the Department 27 for review and approval. A hospital may submit architectural 28 drawings and specifications for other construction projects 29 for Department review according to subsection (b) that shall 30 not be subject to fees under subsection (d).In the case of31the establishment of a new hospital, the person to whom the32Director has issued a permit shall submit architectural plansSB1473 Engrossed -12- LRB9011352LDdv 1and specifications to the Department for review and approval.2 Review of drawings and specifications shall be conducted by 3 an employee of the Department meeting the qualifications 4 established by the Department of Central Management Services 5 class specifications for such an individual's position or by 6 a person contracting with the Department who meets those 7 class specifications. Final approval of the plans and 8 specifications for compliance with design and construction 9 standards shall be obtained from the Department before the 10 alteration, addition, or new construction is begun. 11 (b) The Department shall inform an applicant in writing 12 within 10 working days after receiving drawings and 13 specifications and the required fee, if any, from the 14 applicant whether the applicant's submission is complete or 15 incomplete. Failure to provide the applicant with this 16 notice within 10 working days shall result in the submission 17 being deemed complete for purposes of initiating the 60-day 18 review period under this Section. If the submission is 19 incomplete, the Department shall inform the applicant of the 20 deficiencies with the submission in writing. If the 21 submission is complete and the required fee, if any, has been 22 paid, the Department shall approve or disapprove drawings and 23 specifications submitted to the Department no later than 60 24 days following receipt by the Department. The drawings and 25 specifications shall be of sufficient detail, as provided by 26 Department rule, to enable the Department to render a 27 determination of compliance with design and construction 28 standards under this Act. If the Department finds that the 29 drawings are not of sufficient detail for it to render a 30 determination of compliance, the plans shall be determined to 31 be incomplete and shall not be considered for purposes of 32 initiating the 60 day review period. If a submission of 33 drawings and specifications is incomplete, the applicant may 34 submit additional information. The 60-day review period SB1473 Engrossed -13- LRB9011352LDdv 1 shall not commence until the Department determines that a 2 submission of drawings and specifications is complete or the 3 submission is deemed complete. If the Department has not 4 approved or disapproved the drawings and specifications 5 within 60 days, the construction, major alteration, or 6 addition shall be deemed approved. If the drawings and 7 specifications are disapproved, the Department shall state in 8 writing, with specificity, the reasons for the disapproval. 9 The entity submitting the drawings and specifications may 10 submit additional information in response to the written 11 comments from the Department or request a reconsideration of 12 the disapproval. A final decision of approval or disapproval 13 shall be made within 45 days of the receipt of the additional 14 information or reconsideration request. If denied, the 15 Department shall state the specific reasons for the denial. 16 (c) The Department shall provide written approval for 17 occupancy pursuant to subsection (g) and shall not issue a 18 violation to a facility as a result of a licensure or 19 complaint survey based upon the facility's physical structure 20 if: 21 (1) the Department reviewed and approved or deemed 22 approved the drawing and specifications for compliance 23 with design and construction standards; 24 (2) the construction, major alteration, or addition 25 was built as submitted; 26 (3) the law or rules have not been amended since 27 the original approval; and 28 (4) the conditions at the facility indicate that 29 there is a reasonable degree of safety provided for the 30 patientsviolation does not create a direct threat to the31health, safety, or welfare of a resident. 32 (d) The Department shall charge the following fees in 33 connection with its reviews conducted before June 30, 2000 34 under this Section: SB1473 Engrossed -14- LRB9011352LDdv 1 (1) (Blank).If the estimated dollar value of the2alteration, addition, or new construction is $5,000 or3more but less than $25,000, the fee shall be the greater4of $300 or 6% of that value.5 (2) (Blank).If the estimated dollar value of the6alteration, addition, or new construction is $25,000 or7more but less than $100,000, the fee shall be the greater8of $1,500 or 2.4% of that value.9 (3) If the estimated dollar value of the 10 alteration, addition, or new construction is $100,000 or 11 more but less than $500,000, the fee shall be the greater 12 of $2,400 or 1.2% of that value. 13 (4) If the estimated dollar value of the 14 alteration, addition, or new construction is $500,000 or 15 more but less than $1,000,000, the fee shall be the 16 greater of $6,000 or 0.96% of that value. 17 (5) If the estimated dollar value of the 18 alteration, addition, or new construction is $1,000,000 19 or more but less than $5,000,000, the fee shall be the 20 greater of $9,600 or 0.22% of that value. 21 (6) If the estimated dollar value of the 22 alteration, addition, or new construction is $5,000,000 23 or more, the fee shall be the greater of $11,000 or 0.11% 24 of that value, but shall not exceed $40,000. 25 The fees provided in this subsection (d) shall not apply 26 to major construction projects involving facility changes 27 that are required by Department rule amendments. 28 The fees provided in this subsection (d) shall also not 29 apply to major construction projects if 51% or more of the 30 estimated cost of the project is attributed to capital 31 equipment. For major construction projects where 51% or more 32 of the estimated cost of the project is attributed to capital 33 equipment, the Department shall by rule establish a fee that 34 is reasonably related to the cost of reviewing the project. SB1473 Engrossed -15- LRB9011352LDdv 1 The Department shall not commence the facility plan 2 review process under this Section until the applicable fee 3 has been paid. 4 (e) All fees received by the Department under this 5 Section shall be deposited into the Health Facility Plan 6 Review Fund, a special fund created in the State treasury. 7 All fees paid by hospitals under subsection (d) shall be used 8 only to cover the costs relating to the Department's review 9 of hospital projects under this Section. Moneys shall be 10 appropriated from that Fund to the Department only to pay the 11 costs of conducting reviews under this Section. None of the 12 moneys in the Health Facility Plan Review Fund shall be used 13 to reduce the amount of General Revenue Fund moneys 14 appropriated to the Department for facility plan reviews 15 conducted pursuant to this Section. 16 (f) (1) The provisions of this amendatory Act of 1997 17 concerning drawings and specifications shall apply only 18 to drawings and specifications submitted to the 19 Department on or after October 1, 1997. 20 (2) On and after the effective date of this 21 amendatory Act of 1997 and before October 1, 1997, an 22 applicant may submit or resubmit drawings and 23 specifications to the Department and pay the fees 24 provided in subsection (d). If an applicant pays the 25 fees provided in subsection (d) under this paragraph (2), 26 the provisions of subsection (b) shall apply with regard 27 to those drawings and specifications. 28 (g) The Department shall conduct an on-site inspection 29 of the completed project no later than 30 days after 30 notification from the applicant that the project has been 31 completed and all certifications required by the Department 32 have been received and accepted by the Department. The 33 Department shall provide written approval for occupancy to 34 the applicant within 5 working days of the Department's final SB1473 Engrossed -16- LRB9011352LDdv 1 inspection, provided the applicant has demonstrated 2 substantial compliance as defined by Department rule. 3 Occupancy of new major construction is prohibited until 4 Department approval is received, unless the Department has 5 not acted within the time frames provided in this subsection 6 (g), in which case the construction shall be deemed approved. 7 Occupancy shall be authorizedIf the plans and drawings are8approved pursuant to subsection (b), occupancy shall be9allowedafter any required health inspection by the 10 Department has been conducted. 11 (h) The Department shall establish, by rule, a procedure 12 to conduct interim on-site review of large or complex 13 construction projects. 14 (i) The Department shall establish, by rule, an 15 expedited process for emergency repairs or replacement of 16 like equipment. 17 (j) Nothing in this Section shall be construed to apply 18 to maintenance, upkeep, or renovation that does not affect 19 the structural integrity of the building, does not add beds 20 or services over the number for which the facility is 21 licensed, and provides a reasonable degree of safety for the 22 patients. 23 (Source: P.A. 90-327, eff. 8-8-97.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.