State of Illinois
92nd General Assembly
Legislation

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92_SB2226sam001

 










                                           LRB9212618DJgcam01

 1                    AMENDMENT TO SENATE BILL 2226

 2        AMENDMENT NO.     .  Amend Senate Bill 2226 by  replacing
 3    everything after the enacting clause with the following:

 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,
 
                            -2-            LRB9212618DJgcam01
 1    the  establishment  of  a  statewide hotline and a State AIDS
 2    information clearinghouse that will provide periodic  reports
 3    and  releases  to  public  officials,  health  professionals,
 4    community  service  organizations,  and  the  general  public
 5    regarding   new   developments   or   procedures   concerning
 6    prevention and treatment of AIDS.
 7        (3)  (Blank).   Establish   an   AIDS   Advisory  Council
 8    consisting of 25 persons appointed by the Governor, including
 9    representation   from   public    and    private    agencies,
10    organizations,  and  facilities  involved  in  AIDS research,
11    prevention, and treatment, which shall advise the  Department
12    on  the  State  AIDS  Control Plan.  The terms of the initial
13    appointments shall  be  staggered  so  that  13  members  are
14    appointed  for  2-year terms and 12 members are appointed for
15    4-year terms. All subsequent appointments shall be for 4-year
16    terms.  Members shall serve without compensation, but may  be
17    reimbursed  for expenses incurred in relation to their duties
18    on the Council. A Chairman and other  officers  that  may  be
19    considered necessary shall be elected from among the members.
20    Any  vacancy  shall  be  filled  for the term of the original
21    appointment.  Members whose terms have expired  may  continue
22    to serve until their successors are appointed.
23        (4)  Establish  alternative  blood test services that are
24    not operated by a blood bank, plasma center or hospital.  The
25    Department  shall  prescribe  by   rule   minimum   criteria,
26    standards  and procedures for the establishment and operation
27    of such services, which shall include, but not be limited  to
28    requirements for the provision of information, counseling and
29    referral  services  that  ensure  appropriate  counseling and
30    referral for persons whose blood is tested and shows evidence
31    of exposure to the  human  immunodeficiency  virus  (HIV)  or
32    other identified causative agent of acquired immunodeficiency
33    syndrome (AIDS).
34        (5)  Establish regional and community service networks of
 
                            -3-            LRB9212618DJgcam01
 1    public   and   private   service  providers  or  health  care
 2    professionals  who  may  be  involved   in   AIDS   research,
 3    prevention and treatment.
 4        (6)  Provide  grants  to  individuals,  organizations  or
 5    facilities to support the following:
 6             (A)  Information, referral, and treatment services.
 7             (B)  Interdisciplinary  workshops  for professionals
 8        involved in research and treatment.
 9             (C)  Establishment  and  operation  of  a  statewide
10        hotline.
11             (D)  Establishment  and  operation  of   alternative
12        testing services.
13             (E)  Research   into   detection,   prevention,  and
14        treatment.
15             (F)  Supplementation of  other  public  and  private
16        resources.
17             (G)  Implementation  by long-term care facilities of
18        Department standards and  procedures  for  the  care  and
19        treatment  of  persons  with  AIDS and the development of
20        adequate  numbers  and  types  of  placements  for  those
21        persons.
22        (7)  Conduct a study and report to the Governor  and  the
23    General  Assembly  by July 1, 1988, on the public and private
24    costs of AIDS medical treatment, including  the  availability
25    and  accessibility  of  inpatient, outpatient, physician, and
26    community support services.
27        (8)  Accept any gift,  donation,  bequest,  or  grant  of
28    funds  from  private  or  public  agencies, including federal
29    funds that may be provided for AIDS control efforts.
30        (9)  Develop and  implement,  in  consultation  with  the
31    Long-Term   Care   Facility  Advisory  Board,  standards  and
32    procedures for long-term care facilities  that  provide  care
33    and  treatment  of  persons  with AIDS, including appropriate
34    infection  control  procedures.  The  Department  shall  work
 
                            -4-            LRB9212618DJgcam01
 1    cooperatively   with   organizations    representing    those
 2    facilities   to   develop   adequate  numbers  and  types  of
 3    placements for persons  with  AIDS  and  shall  advise  those
 4    facilities  on  proper  implementation  of  its standards and
 5    procedures.
 6        (10)  The  Department  shall  create  and  administer   a
 7    training  program  for  State  employees  who have a need for
 8    understanding matters relating to AIDS in order to deal  with
 9    or  advise the public. The training shall include information
10    on the cause and effects of AIDS, the means of  detecting  it
11    and  preventing its transmission, the availability of related
12    counseling and  referral,  and  other  matters  that  may  be
13    appropriate.  The  training  may  also  be  made available to
14    employees of local governments, public service agencies,  and
15    private agencies that contract with the State; in those cases
16    the  Department  may  charge  a reasonable fee to recover the
17    cost of the training.
18        (11)  Approve  tests  or  testing  procedures   used   in
19    determining exposure to HIV or any other identified causative
20    agent of AIDS.
21    (Source: P.A. 91-239, eff. 1-1-00.)

22        (Text of Section after amendment by P.A. 92-84)
23        Sec.  2310-315.  Prevention  and  treatment  of  AIDS. To
24    perform the following  in  relation  to  the  prevention  and
25    treatment of acquired immunodeficiency syndrome (AIDS):
26        (1)  Establish  a  State  AIDS  Control  Unit  within the
27    Department  as  a  separate  administrative  subdivision,  to
28    coordinate all State programs and services  relating  to  the
29    prevention, treatment, and amelioration of AIDS.
30        (2)  Conduct    a   public   information   campaign   for
31    physicians,  hospitals,  health  facilities,  public   health
32    departments,  law  enforcement  personnel,  public employees,
33    laboratories,   and   the   general   public   on    acquired
34    immunodeficiency   syndrome   (AIDS)  and  promote  necessary
 
                            -5-            LRB9212618DJgcam01
 1    measures to reduce the incidence of AIDS  and  the  mortality
 2    from AIDS. This program shall include, but not be limited to,
 3    the  establishment  of  a  statewide hotline and a State AIDS
 4    information clearinghouse that will provide periodic  reports
 5    and  releases  to  public  officials,  health  professionals,
 6    community  service  organizations,  and  the  general  public
 7    regarding   new   developments   or   procedures   concerning
 8    prevention and treatment of AIDS.
 9        (3)  (Blank).   Establish   an   AIDS   Advisory  Council
10    consisting of 25 persons appointed by the Governor, including
11    representation   from   public    and    private    agencies,
12    organizations,  and  facilities  involved  in  AIDS research,
13    prevention, and treatment, which shall advise the  Department
14    on  the  State  AIDS  Control Plan.  The terms of the initial
15    appointments shall  be  staggered  so  that  13  members  are
16    appointed  for  2-year terms and 12 members are appointed for
17    4-year terms. All subsequent appointments shall be for 4-year
18    terms.  Members shall serve without compensation, but may  be
19    reimbursed  for expenses incurred in relation to their duties
20    on the Council. A Chairman and other  officers  that  may  be
21    considered necessary shall be elected from among the members.
22    Any  vacancy  shall  be  filled  for the term of the original
23    appointment.  Members whose terms have expired  may  continue
24    to serve until their successors are appointed.
25        (4)  Establish  alternative  blood test services that are
26    not operated by a blood bank, plasma center or hospital.  The
27    Department  shall  prescribe  by   rule   minimum   criteria,
28    standards  and procedures for the establishment and operation
29    of such services, which shall include, but not be limited  to
30    requirements for the provision of information, counseling and
31    referral  services  that  ensure  appropriate  counseling and
32    referral for persons whose blood is tested and shows evidence
33    of exposure to the  human  immunodeficiency  virus  (HIV)  or
34    other identified causative agent of acquired immunodeficiency
 
                            -6-            LRB9212618DJgcam01
 1    syndrome (AIDS).
 2        (5)  Establish regional and community service networks of
 3    public   and   private   service  providers  or  health  care
 4    professionals  who  may  be  involved   in   AIDS   research,
 5    prevention and treatment.
 6        (6)  Provide  grants  to  individuals,  organizations  or
 7    facilities to support the following:
 8             (A)  Information, referral, and treatment services.
 9             (B)  Interdisciplinary  workshops  for professionals
10        involved in research and treatment.
11             (C)  Establishment  and  operation  of  a  statewide
12        hotline.
13             (D)  Establishment  and  operation  of   alternative
14        testing services.
15             (E)  Research   into   detection,   prevention,  and
16        treatment.
17             (F)  Supplementation of  other  public  and  private
18        resources.
19             (G)  Implementation  by long-term care facilities of
20        Department standards and  procedures  for  the  care  and
21        treatment  of  persons  with  AIDS and the development of
22        adequate  numbers  and  types  of  placements  for  those
23        persons.
24        (7)  (Blank).
25        (8)  Accept any gift,  donation,  bequest,  or  grant  of
26    funds  from  private  or  public  agencies, including federal
27    funds that may be provided for AIDS control efforts.
28        (9)  Develop and  implement,  in  consultation  with  the
29    Long-Term   Care   Facility  Advisory  Board,  standards  and
30    procedures for long-term care facilities  that  provide  care
31    and  treatment  of  persons  with AIDS, including appropriate
32    infection  control  procedures.  The  Department  shall  work
33    cooperatively   with   organizations    representing    those
34    facilities   to   develop   adequate  numbers  and  types  of
 
                            -7-            LRB9212618DJgcam01
 1    placements for persons  with  AIDS  and  shall  advise  those
 2    facilities  on  proper  implementation  of  its standards and
 3    procedures.
 4        (10)  The  Department  shall  create  and  administer   a
 5    training  program  for  State  employees  who have a need for
 6    understanding matters relating to AIDS in order to deal  with
 7    or  advise the public. The training shall include information
 8    on the cause and effects of AIDS, the means of  detecting  it
 9    and  preventing its transmission, the availability of related
10    counseling and  referral,  and  other  matters  that  may  be
11    appropriate.  The  training  may  also  be  made available to
12    employees of local governments, public service agencies,  and
13    private agencies that contract with the State; in those cases
14    the  Department  may  charge  a reasonable fee to recover the
15    cost of the training.
16        (11)  Approve  tests  or  testing  procedures   used   in
17    determining exposure to HIV or any other identified causative
18    agent of AIDS.
19    (Source: P.A. 91-239, eff. 1-1-00; 92-84, eff. 7-1-02.)

20        (20 ILCS 2310/2310-375 rep.)
21        (20 ILCS 2310/2310-545 rep.)
22        Section  6.  The  Department  of Public Health Powers and
23    Duties Law of the Civil Administrative Code  of  Illinois  is
24    amended by repealing Sections 2310-375 and 2310-545.

25        (20 ILCS 4022/Act rep.)
26        Section  10.  The Primary Care Medical Education Advisory
27    Committee Act is repealed.

28        (30 ILCS 105/5.360 rep.)
29        Section 15. The State Finance Act is amended by repealing
30    Section 5.360.
 
                            -8-            LRB9212618DJgcam01
 1        (30 ILCS 405/4a rep.)
 2        Section 20. The Anti-Pollution Bond  Act  is  amended  by
 3    repealing Section 4a.

 4        (35 ILCS 5/507D rep.)
 5        Section  25.  The  Illinois  Income Tax Act is amended by
 6    repealing Section 507D.

 7        Section  30.  The  Baccalaureate   Assistance   Law   for
 8    Registered  Nurses  is  amended  by  changing  Section  9  as
 9    follows:

10        (110 ILCS 915/9) (from Ch. 144, par. 1409)
11        Sec.  9.   Advisory  Council.  To  assist  and advise the
12    Department in the administration  of  the  Nursing  Education
13    Scholarship   Act   and   this   Act,  advise  on  rules  and
14    regulations, recommend standards relating to the awarding  of
15    scholarships,   and  recommend  the  awarding  of  loans  and
16    scholarship  and   grant   forgiveness,   there   is   hereby
17    established  a  Nurse  Scholarship  and Baccalaureate Nursing
18    Assistance Advisory Council,  of  11  members  who  shall  be
19    appointed  for terms of 4 years by the Director as follows: 4
20    members  from  a  recognized  statewide  professional  nurses
21    association, 2 members from recognized statewide associations
22    for professional nurses from  associate  degree  or  hospital
23    based   programs   in  nursing,  2  members  from  recognized
24    statewide associations for  licensed  practical  nurses,  one
25    member from the members or employees of the Board, one member
26    from  the  Committee  of  Nurse  Examiners under the Illinois
27    Nursing  Practice  Act,  and  one  member  representative  of
28    consumers of nursing  services.  The  first  appointments  of
29    4-year   terms,   in   1988,   shall  be  staggered,  with  3
30    appointments terminating in 1990 and 4 terminating  in  1992.
31    The  terms  of  the  two  new  appointments  required by this
 
                            -9-            LRB9212618DJgcam01
 1    amendatory Act of  1990,  shall  terminate  in  1994.  The  2
 2    members  added  as  a  result  of this amendatory Act of 1991
 3    shall be appointed as soon as possible  after  the  effective
 4    date  of  this  amendatory  Act of 1991 and their terms shall
 5    expire in 1995. Each member shall continue to serve after the
 6    expiration of his or her term  until  a  successor  has  been
 7    appointed  and  qualified.  No person shall serve more than 2
 8    terms.  Vacancies shall be  filled  by  appointment  for  the
 9    unexpired term of any member in the same manner as the vacant
10    position  had been filled. The Department may delegate all or
11    any of its functions hereunder to the Advisory Council.  From
12    time to time, and at least once in each 5 years, the Advisory
13    Council  shall  make and publish an evaluation of the program
14    under this Act.
15    (Source: P.A. 86-1467; 87-577.)

16        (210 ILCS 85/6.05 rep.)
17        (210 ILCS 85/6.18 rep.)
18        Section 35. The Hospital  Licensing  Act  is  amended  by
19    repealing Sections 6.05 and 6.18.

20        Section  40.   The  Senior  Citizens and Disabled Persons
21    Property Tax Relief  and  Pharmaceutical  Assistance  Act  is
22    amended by changing Section 3.15 as follows:

23        (320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
24        Sec.  3.15.   "Covered  prescription  drug" means (1) any
25    cardiovascular agent  or  drug;  (2)  any  insulin  or  other
26    prescription   drug   used  in  the  treatment  of  diabetes,
27    including syringe and needles used to administer the insulin;
28    (3) any prescription drug used in the treatment of arthritis,
29    (4) beginning on January 1, 2001, any prescription drug  used
30    in the treatment of cancer, (5) beginning on January 1, 2001,
31    any  prescription  drug  used in the treatment of Alzheimer's
 
                            -10-           LRB9212618DJgcam01
 1    disease, (6) beginning on January 1, 2001,  any  prescription
 2    drug  used  in  the  treatment  of  Parkinson's  disease, (7)
 3    beginning on January 1, 2001, any prescription drug  used  in
 4    the  treatment of glaucoma, (8) beginning on January 1, 2001,
 5    any prescription drug used in the treatment of  lung  disease
 6    and  smoking  related illnesses, and (9) beginning on July 1,
 7    2001,  any  prescription  drug  used  in  the  treatment   of
 8    osteoporosis.  The specific agents or products to be included
 9    under  such  categories  shall  be listed in a handbook to be
10    prepared and distributed  by  the  Department.   The  general
11    types  of  covered  prescription  drugs shall be indicated by
12    rule.  The Department of Public  Health  shall  promulgate  a
13    list  of  covered  prescription drugs under this program that
14    meet the definition of a narrow  therapeutic  index  drug  as
15    described in subsection (f) of Section 4.
16    (Source: P.A. 91-699, eff. 1-1-01; 92-10, eff. 6-11-01.)

17        (410 ILCS 315/2c rep.)
18        Section  45.  The  Communicable Disease Prevention Act is
19    amended by repealing Section 2c.

20        (410 ILCS 420/3.5 rep.)
21        Section  50.  The  Hemophilia  Care  Act  is  amended  by
22    repealing Section 3.5.

23        Section 99. Effective date. This Act  takes  effect  upon
24    becoming law.".

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