State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


92_SB2226enr

 
SB2226 Enrolled                                LRB9212618DJmb

 1        AN ACT in relation to public health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Department of  Public  Health  Powers  and
 5    Duties  Law  of  the Civil Administrative Code of Illinois is
 6    amended by changing Section 2310-315 as follows:

 7        (20 ILCS 2310/2310-315) (was 20 ILCS 2310/55.41)
 8        (Text of Section before amendment by P.A. 92-84)
 9        Sec. 2310-315.  Prevention  and  treatment  of  AIDS.  To
10    perform  the  following  in  relation  to  the prevention and
11    treatment of acquired immunodeficiency syndrome (AIDS):
12        (1)  Establish a  State  AIDS  Control  Unit  within  the
13    Department  as  a  separate  administrative  subdivision,  to
14    coordinate  all  State  programs and services relating to the
15    prevention, treatment, and amelioration of AIDS.
16        (2)  Conduct   a   public   information   campaign    for
17    physicians,   hospitals,  health  facilities,  public  health
18    departments, law  enforcement  personnel,  public  employees,
19    laboratories,    and   the   general   public   on   acquired
20    immunodeficiency  syndrome  (AIDS)  and   promote   necessary
21    measures  to  reduce  the incidence of AIDS and the mortality
22    from AIDS. This program shall include, but not be limited to,
23    the establishment of a statewide hotline  and  a  State  AIDS
24    information  clearinghouse that will provide periodic reports
25    and  releases  to  public  officials,  health  professionals,
26    community  service  organizations,  and  the  general  public
27    regarding   new   developments   or   procedures   concerning
28    prevention and treatment of AIDS.
29        (3)  (Blank).  Establish   an   AIDS   Advisory   Council
30    consisting of 25 persons appointed by the Governor, including
31    representation    from    public    and   private   agencies,
 
SB2226 Enrolled             -2-                LRB9212618DJmb
 1    organizations, and  facilities  involved  in  AIDS  research,
 2    prevention,  and treatment, which shall advise the Department
 3    on the State AIDS Control Plan.  The  terms  of  the  initial
 4    appointments  shall  be  staggered  so  that  13  members are
 5    appointed for 2-year terms and 12 members are  appointed  for
 6    4-year terms. All subsequent appointments shall be for 4-year
 7    terms.   Members shall serve without compensation, but may be
 8    reimbursed for expenses incurred in relation to their  duties
 9    on  the  Council.  A  Chairman and other officers that may be
10    considered necessary shall be elected from among the members.
11    Any vacancy shall be filled for  the  term  of  the  original
12    appointment.   Members  whose terms have expired may continue
13    to serve until their successors are appointed.
14        (4)  Establish alternative blood test services  that  are
15    not operated by a blood bank, plasma center or hospital.  The
16    Department   shall   prescribe   by  rule  minimum  criteria,
17    standards and procedures for the establishment and  operation
18    of  such services, which shall include, but not be limited to
19    requirements for the provision of information, counseling and
20    referral services  that  ensure  appropriate  counseling  and
21    referral for persons whose blood is tested and shows evidence
22    of  exposure  to  the  human  immunodeficiency virus (HIV) or
23    other identified causative agent of acquired immunodeficiency
24    syndrome (AIDS).
25        (5)  Establish regional and community service networks of
26    public  and  private  service  providers   or   health   care
27    professionals   who   may   be  involved  in  AIDS  research,
28    prevention and treatment.
29        (6)  Provide  grants  to  individuals,  organizations  or
30    facilities to support the following:
31             (A)  Information, referral, and treatment services.
32             (B)  Interdisciplinary workshops  for  professionals
33        involved in research and treatment.
34             (C)  Establishment  and  operation  of  a  statewide
 
SB2226 Enrolled             -3-                LRB9212618DJmb
 1        hotline.
 2             (D)  Establishment   and  operation  of  alternative
 3        testing services.
 4             (E)  Research  into   detection,   prevention,   and
 5        treatment.
 6             (F)  Supplementation  of  other  public  and private
 7        resources.
 8             (G)  Implementation by long-term care facilities  of
 9        Department  standards  and  procedures  for  the care and
10        treatment of persons with AIDS  and  the  development  of
11        adequate  numbers  and  types  of  placements  for  those
12        persons.
13        (7)  Conduct  a  study and report to the Governor and the
14    General Assembly by July 1, 1988, on the public  and  private
15    costs  of  AIDS medical treatment, including the availability
16    and accessibility of inpatient,  outpatient,  physician,  and
17    community support services.
18        (8)  Accept  any  gift,  donation,  bequest,  or grant of
19    funds from private  or  public  agencies,  including  federal
20    funds that may be provided for AIDS control efforts.
21        (9)  Develop  and  implement,  in  consultation  with the
22    Long-Term  Care  Facility  Advisory  Board,   standards   and
23    procedures  for  long-term  care facilities that provide care
24    and treatment of persons  with  AIDS,  including  appropriate
25    infection  control  procedures.  The  Department  shall  work
26    cooperatively    with    organizations   representing   those
27    facilities  to  develop  adequate  numbers   and   types   of
28    placements  for  persons  with  AIDS  and  shall advise those
29    facilities on proper  implementation  of  its  standards  and
30    procedures.
31        (10)  The   Department  shall  create  and  administer  a
32    training program for State employees  who  have  a  need  for
33    understanding  matters relating to AIDS in order to deal with
34    or advise the public. The training shall include  information
 
SB2226 Enrolled             -4-                LRB9212618DJmb
 1    on  the  cause and effects of AIDS, the means of detecting it
 2    and preventing its transmission, the availability of  related
 3    counseling  and  referral,  and  other  matters  that  may be
 4    appropriate. The training  may  also  be  made  available  to
 5    employees  of local governments, public service agencies, and
 6    private agencies that contract with the State; in those cases
 7    the Department may charge a reasonable  fee  to  recover  the
 8    cost of the training.
 9        (11)  Approve   tests   or  testing  procedures  used  in
10    determining exposure to HIV or any other identified causative
11    agent of AIDS.
12    (Source: P.A. 91-239, eff. 1-1-00.)

13        (Text of Section after amendment by P.A. 92-84)
14        Sec. 2310-315.  Prevention  and  treatment  of  AIDS.  To
15    perform  the  following  in  relation  to  the prevention and
16    treatment of acquired immunodeficiency syndrome (AIDS):
17        (1)  Establish a  State  AIDS  Control  Unit  within  the
18    Department  as  a  separate  administrative  subdivision,  to
19    coordinate  all  State  programs and services relating to the
20    prevention, treatment, and amelioration of AIDS.
21        (2)  Conduct   a   public   information   campaign    for
22    physicians,   hospitals,  health  facilities,  public  health
23    departments, law  enforcement  personnel,  public  employees,
24    laboratories,    and   the   general   public   on   acquired
25    immunodeficiency  syndrome  (AIDS)  and   promote   necessary
26    measures  to  reduce  the incidence of AIDS and the mortality
27    from AIDS. This program shall include, but not be limited to,
28    the establishment of a statewide hotline  and  a  State  AIDS
29    information  clearinghouse that will provide periodic reports
30    and  releases  to  public  officials,  health  professionals,
31    community  service  organizations,  and  the  general  public
32    regarding   new   developments   or   procedures   concerning
33    prevention and treatment of AIDS.
34        (3)  (Blank).  Establish   an   AIDS   Advisory   Council
 
SB2226 Enrolled             -5-                LRB9212618DJmb
 1    consisting of 25 persons appointed by the Governor, including
 2    representation    from    public    and   private   agencies,
 3    organizations, and  facilities  involved  in  AIDS  research,
 4    prevention,  and treatment, which shall advise the Department
 5    on the State AIDS Control Plan.  The  terms  of  the  initial
 6    appointments  shall  be  staggered  so  that  13  members are
 7    appointed for 2-year terms and 12 members are  appointed  for
 8    4-year terms. All subsequent appointments shall be for 4-year
 9    terms.   Members shall serve without compensation, but may be
10    reimbursed for expenses incurred in relation to their  duties
11    on  the  Council.  A  Chairman and other officers that may be
12    considered necessary shall be elected from among the members.
13    Any vacancy shall be filled for  the  term  of  the  original
14    appointment.   Members  whose terms have expired may continue
15    to serve until their successors are appointed.
16        (4)  Establish alternative blood test services  that  are
17    not operated by a blood bank, plasma center or hospital.  The
18    Department   shall   prescribe   by  rule  minimum  criteria,
19    standards and procedures for the establishment and  operation
20    of  such services, which shall include, but not be limited to
21    requirements for the provision of information, counseling and
22    referral services  that  ensure  appropriate  counseling  and
23    referral for persons whose blood is tested and shows evidence
24    of  exposure  to  the  human  immunodeficiency virus (HIV) or
25    other identified causative agent of acquired immunodeficiency
26    syndrome (AIDS).
27        (5)  Establish regional and community service networks of
28    public  and  private  service  providers   or   health   care
29    professionals   who   may   be  involved  in  AIDS  research,
30    prevention and treatment.
31        (6)  Provide  grants  to  individuals,  organizations  or
32    facilities to support the following:
33             (A)  Information, referral, and treatment services.
34             (B)  Interdisciplinary workshops  for  professionals
 
SB2226 Enrolled             -6-                LRB9212618DJmb
 1        involved in research and treatment.
 2             (C)  Establishment  and  operation  of  a  statewide
 3        hotline.
 4             (D)  Establishment   and  operation  of  alternative
 5        testing services.
 6             (E)  Research  into   detection,   prevention,   and
 7        treatment.
 8             (F)  Supplementation  of  other  public  and private
 9        resources.
10             (G)  Implementation by long-term care facilities  of
11        Department  standards  and  procedures  for  the care and
12        treatment of persons with AIDS  and  the  development  of
13        adequate  numbers  and  types  of  placements  for  those
14        persons.
15        (7)  (Blank).
16        (8)  Accept  any  gift,  donation,  bequest,  or grant of
17    funds from private  or  public  agencies,  including  federal
18    funds that may be provided for AIDS control efforts.
19        (9)  Develop  and  implement,  in  consultation  with the
20    Long-Term  Care  Facility  Advisory  Board,   standards   and
21    procedures  for  long-term  care facilities that provide care
22    and treatment of persons  with  AIDS,  including  appropriate
23    infection  control  procedures.  The  Department  shall  work
24    cooperatively    with    organizations   representing   those
25    facilities  to  develop  adequate  numbers   and   types   of
26    placements  for  persons  with  AIDS  and  shall advise those
27    facilities on proper  implementation  of  its  standards  and
28    procedures.
29        (10)  The   Department  shall  create  and  administer  a
30    training program for State employees  who  have  a  need  for
31    understanding  matters relating to AIDS in order to deal with
32    or advise the public. The training shall include  information
33    on  the  cause and effects of AIDS, the means of detecting it
34    and preventing its transmission, the availability of  related
 
SB2226 Enrolled             -7-                LRB9212618DJmb
 1    counseling  and  referral,  and  other  matters  that  may be
 2    appropriate. The training  may  also  be  made  available  to
 3    employees  of local governments, public service agencies, and
 4    private agencies that contract with the State; in those cases
 5    the Department may charge a reasonable  fee  to  recover  the
 6    cost of the training.
 7        (11)  Approve   tests   or  testing  procedures  used  in
 8    determining exposure to HIV or any other identified causative
 9    agent of AIDS.
10    (Source: P.A. 91-239, eff. 1-1-00; 92-84, eff. 7-1-02.)

11        (20 ILCS 2310/2310-375 rep.)
12        (20 ILCS 2310/2310-545 rep.)
13        Section 6. The Department of  Public  Health  Powers  and
14    Duties  Law  of  the Civil Administrative Code of Illinois is
15    amended by repealing Sections 2310-375 and 2310-545.

16        (20 ILCS 4022/Act rep.)
17        Section 10. The Primary Care Medical  Education  Advisory
18    Committee Act is repealed.

19        (30 ILCS 105/5.360 rep.)
20        Section 15. The State Finance Act is amended by repealing
21    Section 5.360.

22        (30 ILCS 405/4a rep.)
23        Section  20.  The  Anti-Pollution  Bond Act is amended by
24    repealing Section 4a.

25        (35 ILCS 5/507D rep.)
26        Section 25. The Illinois Income Tax  Act  is  amended  by
27    repealing Section 507D.

28        Section   30.   The   Baccalaureate  Assistance  Law  for
 
SB2226 Enrolled             -8-                LRB9212618DJmb
 1    Registered  Nurses  is  amended  by  changing  Section  9  as
 2    follows:

 3        (110 ILCS 915/9) (from Ch. 144, par. 1409)
 4        Sec. 9.  Advisory  Council.  To  assist  and  advise  the
 5    Department  in  the  administration  of the Nursing Education
 6    Scholarship  Act  and  this  Act,   advise   on   rules   and
 7    regulations,  recommend standards relating to the awarding of
 8    scholarships,  and  recommend  the  awarding  of  loans   and
 9    scholarship   and   grant   forgiveness,   there   is  hereby
10    established a Nurse  Scholarship  and  Baccalaureate  Nursing
11    Assistance  Advisory  Council,  of  11  members  who shall be
12    appointed for terms of 4 years by the Director as follows:  4
13    members  from  a  recognized  statewide  professional  nurses
14    association, 2 members from recognized statewide associations
15    for  professional  nurses  from  associate degree or hospital
16    based  programs  in  nursing,  2  members   from   recognized
17    statewide  associations  for  licensed  practical nurses, one
18    member from the members or employees of the Board, one member
19    from the Committee of  Nurse  Examiners  under  the  Illinois
20    Nursing  Practice  Act,  and  one  member  representative  of
21    consumers  of  nursing  services.  The  first appointments of
22    4-year  terms,  in  1988,  shall   be   staggered,   with   3
23    appointments  terminating  in 1990 and 4 terminating in 1992.
24    The terms of  the  two  new  appointments  required  by  this
25    amendatory  Act  of  1990,  shall  terminate  in  1994. The 2
26    members added as a result of  this  amendatory  Act  of  1991
27    shall  be  appointed  as soon as possible after the effective
28    date of this amendatory Act of 1991  and  their  terms  shall
29    expire in 1995. Each member shall continue to serve after the
30    expiration  of  his  or  her  term until a successor has been
31    appointed and qualified.  No person shall serve more  than  2
32    terms.   Vacancies  shall  be  filled  by appointment for the
33    unexpired term of any member in the same manner as the vacant
 
SB2226 Enrolled             -9-                LRB9212618DJmb
 1    position had been filled. The Department may delegate all  or
 2    any  of its functions hereunder to the Advisory Council. From
 3    time to time, and at least once in each 5 years, the Advisory
 4    Council shall make and publish an evaluation of  the  program
 5    under this Act.
 6    (Source: P.A. 86-1467; 87-577.)

 7        (210 ILCS 85/6.05 rep.)
 8        (210 ILCS 85/6.18 rep.)
 9        Section  35.  The  Hospital  Licensing  Act is amended by
10    repealing Sections 6.05 and 6.18.

11        Section 40.  The Senior  Citizens  and  Disabled  Persons
12    Property  Tax  Relief  and  Pharmaceutical  Assistance Act is
13    amended by changing Section 3.15 as follows:

14        (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
15        Sec. 3.15.  "Covered prescription  drug"  means  (1)  any
16    cardiovascular  agent  or  drug;  (2)  any  insulin  or other
17    prescription  drug  used  in  the  treatment   of   diabetes,
18    including syringe and needles used to administer the insulin;
19    (3) any prescription drug used in the treatment of arthritis,
20    (4)  beginning on January 1, 2001, any prescription drug used
21    in the treatment of cancer, (5) beginning on January 1, 2001,
22    any prescription drug used in the  treatment  of  Alzheimer's
23    disease,  (6)  beginning on January 1, 2001, any prescription
24    drug used  in  the  treatment  of  Parkinson's  disease,  (7)
25    beginning  on  January 1, 2001, any prescription drug used in
26    the treatment of glaucoma, (8) beginning on January 1,  2001,
27    any  prescription  drug used in the treatment of lung disease
28    and smoking related illnesses, and (9) beginning on  July  1,
29    2001,   any  prescription  drug  used  in  the  treatment  of
30    osteoporosis.  The specific agents or products to be included
31    under such categories shall be listed in  a  handbook  to  be
 
SB2226 Enrolled             -10-               LRB9212618DJmb
 1    prepared  and  distributed  by  the  Department.  The general
 2    types of covered prescription drugs  shall  be  indicated  by
 3    rule.   The  Department  of  Public Health shall promulgate a
 4    list of covered prescription drugs under  this  program  that
 5    meet  the  definition  of  a narrow therapeutic index drug as
 6    described in subsection (f) of Section 4.
 7    (Source: P.A. 91-699, eff. 1-1-01; 92-10, eff. 6-11-01.)

 8        (410 ILCS 315/2c rep.)
 9        Section 45. The Communicable Disease  Prevention  Act  is
10    amended by repealing Section 2c.

11        (410 ILCS 420/3.5 rep.)
12        Section  50.  The  Hemophilia  Care  Act  is  amended  by
13    repealing Section 3.5.

14        Section  99.  Effective  date. This Act takes effect upon
15    becoming law.

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