Public Act 093-0962
Public Act 0962 93RD GENERAL ASSEMBLY
|
Public Act 093-0962 |
SB2377 Enrolled |
LRB093 19003 AMC 44738 b |
|
| AN ACT concerning health care.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Occupational Therapy Practice Act | is amended by changing Sections 3.1 and 19 as follows:
| (225 ILCS 75/3.1)
| (Section scheduled to be repealed on January 1, 2014)
| Sec. 3.1. Referrals. A licensed occupational therapist or | licensed
occupational therapy assistant may consult with, | educate, evaluate, and monitor
services for clients concerning | non-medical occupational therapy needs.
Implementation of | direct occupational therapy to individuals for their specific
| health care conditions shall be based upon a referral from a | licensed
physician, dentist, podiatrist, advanced practice | nurse who has a written collaborative agreement with a | collaborating physician to provide or accept referrals from | licensed occupational therapists, physician assistant who has | been delegated authority to provide or accept referrals from or | to licensed occupational therapists, or optometrist.
| An occupational therapist shall refer to a licensed | physician, dentist,
optometrist, advanced practice nurse, | physician assistant, or podiatrist any patient whose medical | condition should, at the
time of evaluation or treatment, be | determined to be beyond the scope of
practice of the | occupational therapist.
| (Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03.)
| (225 ILCS 75/19) (from Ch. 111, par. 3719)
| (Section scheduled to be repealed on January 1, 2014)
| Sec. 19. (a) The Department may refuse to issue or renew, | or may revoke,
suspend, place on probation, reprimand or take | other disciplinary
action as the Department may deem proper, |
| including fines not to exceed
$2,500 for each violation, with | regard to any license for
any one or combination of the | following:
| (1) Material misstatement in furnishing information to | the Department;
| (2) Wilfully violating this Act, or of the rules | promulgated thereunder;
| (3) Conviction of any crime under the laws of the | United States or any
state or territory thereof which is a | felony or which is a misdemeanor,
an essential element of | which is dishonesty, or of any crime which is directly
| related to the practice of occupational therapy;
| (4) Making any misrepresentation for the purpose of | obtaining
certification, or violating any provision of | this Act or the rules promulgated
thereunder pertaining to | advertising;
| (5) Having demonstrated unworthiness, or incompetency | to act as an
occupational therapist or occupational therapy | assistant in such manner as to
safeguard the interest of | the public;
| (6) Wilfully aiding or assisting another person, firm, | partnership or
corporation in violating any provision of | this Act or rules;
| (7) Failing, within 60 days, to provide information in | response to a
written request made by the Department;
| (8) Engaging in dishonorable, unethical or | unprofessional conduct of a
character likely to deceive, | defraud or harm the public;
| (9) Habitual intoxication or addiction to the use of | drugs;
| (10) Discipline by another state, the District of | Columbia, a territory,
or foreign nation, if at least one | of the grounds for the discipline is
the same or | substantially equivalent to those set forth herein;
| (11) Directly or indirectly giving to or receiving from | any person, firm,
corporation, partnership or association |
| any fee, commission, rebate or other
form of compensation | for professional services not actually or personally
| rendered;
| (12) A finding by the Department that the license | holder, after having his
license disciplined, has violated | the terms of the discipline;
| (13) Wilfully making or filing false records or reports | in the practice
of occupational therapy, including but not | limited to false records filed
with the State agencies or | departments;
| (14) Physical illness, including but not limited to, | deterioration through
the aging process, or loss of motor | skill which results in the inability
to practice the | profession with reasonable judgment, skill or safety;
| (15) Solicitation of professional services other than | by permitted
advertising;
| (16) Wilfully exceeding the scope of practice | customarily undertaken by
persons licensed under this Act, | which conduct results in, or may result
in, harm to the | public;
| (17) Holding one's self out to practice occupational | therapy under any
name other than his own or impersonation | of any other occupational therapy
licensee;
| (18) Gross negligence;
| (19) Malpractice;
| (20) Obtaining a fee in money or gift in kind of any | other items of value
or in the form of financial profit or | benefit as personal compensation,
or as compensation, or | charge, profit or gain for an employer or for any
other | person or persons, on the fraudulent misrepresentation | that a manifestly
incurable condition of sickness, disease | or injury to any person can be cured;
| (21) Accepting commissions or rebates or other forms of | remuneration for
referring persons to other professionals;
| (22) Failure to file a return, or to pay the tax, | penalty or interest
shown in a filed return, or to pay any |
| final assessment of tax, penalty or
interest, as required | by any tax Act administered by the Illinois
Department of | Revenue, until such time as the requirements of any such | tax
Act are satisfied;
| (23) Violating the Health Care Worker Self-Referral | Act; and
| (24) Having treated patients other than by the practice | of occupational
therapy as defined in this Act, or having | treated patients as a licensed
occupational therapist | independent of a referral from a physician, advanced | practice nurse or physician assistant in accordance with | Section 3.1, dentist,
podiatrist, or optometrist, or | having failed to notify the physician,
advanced practice | nurse, physician assistant,
dentist, podiatrist, or | optometrist who established a diagnosis that the
patient is
| receiving occupational therapy pursuant to that diagnosis.
| (b) The determination by a circuit court that a license | holder is subject
to involuntary admission or judicial | admission as provided in the Mental
Health and Developmental | Disabilities Code, as now or hereafter amended,
operates as an | automatic suspension. Such suspension will end only upon
a | finding by a court that the patient is no longer subject to | involuntary
admission or judicial admission, an order by the | court so finding and
discharging the patient, and the | recommendation of the Board to the
Director that the license | holder be allowed to resume his practice.
| (c) The Department may refuse to issue or take disciplinary | action
concerning
the license of any person who fails to file a | return, to pay the tax, penalty,
or interest
shown in a filed | return, or to pay any final assessment of tax, penalty, or
| interest as
required by any tax Act administered by the | Department of Revenue, until such
time as
the requirements of | any such tax Act are satisfied as determined by the
Department | of
Revenue.
| (d) In enforcing this Section, the Board, upon a showing of | a possible
violation,
may compel a licensee or applicant to |
| submit to a mental or physical
examination, or
both, as | required by and at the expense of the Department. The examining | physicians or
clinical psychologists shall be those | specifically designated by the Board. The Board or
the | Department may order (i) the examining physician to present | testimony concerning
the mental or physical examination of a | licensee or applicant or (ii) the examining
clinical | psychologist to present testimony concerning the mental | examination of a
licensee or applicant. No information shall be | excluded by reason of any common law
or statutory privilege | relating to communications between a licensee or applicant and | the
examining physician or clinical psychologist. An | individual to be examined may have,
at his or her own expense, | another physician or clinical psychologist of his or her choice
| present during all aspects of the examination. Failure of an | individual to
submit to a
mental or physical examination, when | directed, is grounds for suspension of his
or her
license. The | license must remain suspended until the person submits to the
| examination
or the Board finds, after notice and hearing, that | the refusal to submit to the
examination
was with reasonable | cause.
| If the Board finds an individual unable to practice because | of the reasons
set
forth in this Section, the Board must | require the individual to submit to care,
counseling,
or | treatment by a physician or clinical psychologist approved by | the Board, as
a
condition, term, or restriction for continued, | reinstated, or renewed licensure
to practice.
In lieu of care, | counseling, or treatment, the Board may recommend that the
| Department
file a complaint to immediately suspend or revoke | the license of the individual
or
otherwise discipline the | licensee.
| Any individual whose license was granted, continued, | reinstated, or renewed
subject to conditions, terms, or | restrictions, as provided for in this Section,
or any
| individual who was disciplined or placed on supervision | pursuant to this
Section must
be referred to the Director for a |
| determination as to whether the person shall
have his or
her | license suspended immediately, pending a hearing by the Board.
| (Source: P.A. 93-461, eff. 8-8-03.)
| Section 15. The Sexual Assault Survivors Emergency | Treatment Act is amended by changing Sections 2.2, 5, and 6.4 | as follows:
| (410 ILCS 70/2.2)
| Sec. 2.2. Emergency contraception.
| (a) The General Assembly finds:
| (1) Crimes of sexual violence cause significant | physical, emotional, and
psychological trauma to the | victims. This trauma is compounded by a victim's
fear of | becoming pregnant and bearing a child as a result of the | sexual
assault.
| (2) Each year over 32,000 women become pregnant in the | United States as
the result of rape and
approximately 50% | of these pregnancies end in abortion.
| (3) As approved for use by the Federal Food and Drug | Administration (FDA),
emergency contraception can | significantly reduce the risk of pregnancy if taken
within | 72 hours after the sexual assault.
| (4) By providing emergency contraception to rape | victims in a timely
manner, the trauma of rape can be | significantly reduced.
| (b) Within 120 days after the effective date of this | amendatory Act of the
92nd General Assembly, every hospital | providing services to alleged sexual
assault survivors in | accordance with a plan approved under Section 2 must
develop a | protocol that ensures that each survivor of sexual
assault will | receive medically and factually accurate and written and oral
| information about emergency contraception; the indications and
| counter-indications and risks associated with the use of | emergency
contraception;
and a description of how and when | victims may be provided emergency
contraception upon
the |
| written order of a physician licensed to practice medicine
in | all its branches , an advanced practice nurse who has a written | collaborative agreement with a collaborating physician that | authorizes prescription of emergency contraception, or a | physician assistant who has been delegated authority to | prescribe emergency contraception . The Department shall | approve the protocol if it finds
that the implementation of the | protocol would provide sufficient protection
for survivors of | an alleged sexual assault.
| The hospital shall implement the protocol upon approval by | the Department.
The Department shall adopt rules and | regulations establishing one or more safe
harbor protocols and | setting minimum acceptable protocol standards that
hospitals | may develop and implement. The Department shall approve any | protocol
that meets those standards. The Department may provide | a sample acceptable
protocol upon request.
| (Source: P.A. 92-156, eff. 1-1-02.)
| (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| Sec. 5. Minimum requirements for hospitals providing | emergency service
to sexual assault survivors.
| (a) Every hospital providing emergency
hospital services | to an alleged sexual assault survivor under this Act
shall, as | minimum requirements for such services, provide, with the | consent
of the alleged sexual assault survivor, and as ordered | by the attending
physician, an advanced practice nurse who has | a written collaborative agreement with a collaborating | physician that authorizes provision of emergency services, or a | physician assistant who has been delegated authority to provide | emergency services, the following:
| (1) appropriate medical examinations and laboratory
| tests required to ensure the health, safety, and welfare
of | an alleged sexual assault survivor or which may be
used as | evidence in a criminal proceeding against a person accused | of the
sexual assault, or both; and records of the results | of such examinations
and tests shall be maintained by the |
| hospital and made available to law
enforcement officials | upon the request of the alleged sexual assault survivor;
| (2) appropriate oral and written information | concerning the possibility
of infection, sexually | transmitted disease and pregnancy
resulting from sexual | assault;
| (3) appropriate oral and written information | concerning accepted medical
procedures, medication, and | possible contraindications of such medication
available | for the prevention or treatment of infection or disease | resulting
from sexual assault;
| (4) such medication as deemed appropriate by the | attending physician , an advanced practice nurse, or a | physician assistant ;
| (5) a blood test to determine the presence or absence | of sexually
transmitted disease;
| (6) written and oral instructions indicating the need | for a second blood
test 6 weeks after the sexual assault to | determine the presence or absence of
sexually transmitted | disease; and
| (7) appropriate counseling as determined by the | hospital, by trained
personnel designated by the hospital.
| (b) Any minor who is an alleged survivor of sexual
assault | who seeks emergency services
under this Act shall be provided | such services without the consent
of the parent, guardian or | custodian of the minor.
| (Source: P.A. 91-888, eff. 7-6-00.)
| (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| Sec. 6.4. Sexual assault evidence collection program.
| (a) There is created a statewide sexual assault evidence | collection program
to facilitate the prosecution of persons | accused of sexual assault. This
program shall be administered | by the Illinois
State Police. The program shall
consist of the | following: (1) distribution of sexual assault evidence
| collection kits which have been approved by the Illinois
State |
| Police to hospitals that request them, or arranging for
such | distribution by the manufacturer of the kits, (2) collection of | the kits
from hospitals after the kits have been used to | collect
evidence, (3) analysis of the collected evidence and | conducting of laboratory
tests, and (4) maintaining the chain | of custody and safekeeping of the evidence
for use in a legal | proceeding. The standardized evidence collection kit for
the | State of Illinois shall be the State Police Evidence Collection | Kit, also
known as "S.P.E.C.K.".
A sexual assault evidence | collection kit may not be released by a hospital
without the | written consent of the sexual assault survivor. In the case of | a
survivor who is a minor 13 years of age or older, evidence | and
information concerning the alleged sexual assault may be | released at the
written request of the minor. If the survivor | is a minor who is under 13 years
of age, evidence and | information concerning the alleged sexual assault may be
| released at the written request of the parent, guardian, | investigating law
enforcement officer, or Department of | Children and Family Services. Any health
care professional, | including any physician , advanced practice nurse, physician | assistant, or nurse, sexual assault nurse
examiner, and any | health care
institution, including any hospital, who provides | evidence or information to a
law enforcement officer pursuant | to a written request as specified in this
Section is immune | from any civil or professional liability that might arise
from | those actions, with the exception of willful or wanton | misconduct. The
immunity provision applies only if all of the | requirements of this Section are
met.
| (b) The Illinois State Police shall administer a program to | train hospitals
and hospital personnel participating in the | sexual assault evidence collection
program, in the correct use | and application of the sexual assault evidence
collection kits. | A sexual assault nurse examiner may conduct
examinations using | the sexual assault evidence collection kits, without the
| presence or participation of a physician. The Department of | Public Health
shall
cooperate with the Illinois State Police in |
| this
program as it pertains to medical aspects of the evidence | collection.
| (c) In this Section, "sexual assault nurse examiner" means | a registered
nurse
who has completed a sexual assault nurse | examiner (SANE) training program that
meets the Forensic Sexual | Assault Nurse Examiner Education Guidelines
established by the | International Association of Forensic Nurses.
| (Source: P.A. 91-888, eff. 7-6-00; 92-514, eff. 1-1-02.)
| Section 20. The Prenatal and Newborn Care Act is amended by | changing Sections 2 and 6 as follows:
| (410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
| Sec. 2. Definitions. As used in this Act, unless the | context otherwise
requires:
| "Advanced practice nurse" or "APN" means an advanced | practice nurse licensed under the Nursing and Advanced Practice | Nursing Act who has a written collaborative agreement with a | collaborating physician that authorizes the provision of | prenatal and newborn care.
|
(a) "Department" means the Illinois Department of Human | Services.
|
(b) "Early and Periodic Screening, Diagnosis and Treatment | (EPSDT)" means
the provision of preventative health care under | 42 C.F.R. 441.50 et seq.,
including medical and dental | services, needed to assess growth and
development and detect | and treat health problems.
|
(c) "Hospital" means a hospital as defined under the | Hospital Licensing Act.
|
(d) "Local health authority" means the full-time official | health
department or board of health, as recognized by the | Illinois Department
of Public Health, having
jurisdiction over | a particular area.
|
(e) "Nurse" means a nurse licensed under the Nursing and
| Advanced Practice Nursing Act.
|
(f) "Physician" means a physician licensed to practice |
| medicine in all of
its branches.
| "Physician assistant" means a physician assistant licensed | under the Physician Assistant Practice Act of 1987 who has been | delegated authority to provide prenatal and newborn care.
|
(g) "Postnatal visit" means a visit occurring after birth, | with
reference to the newborn.
|
(h) "Prenatal visit" means a visit occurring before birth.
|
(i) "Program" means the Prenatal and Newborn Care Program | established
pursuant to this Act.
| (Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)
| (410 ILCS 225/6) (from Ch. 111 1/2, par. 7026)
| Sec. 6. Covered services.
| (a) Covered services under the program may
include, but are | not necessarily limited to, the following:
| (1) Laboratory services related to a recipient's | pregnancy, performed or
ordered by a physician , advanced | practice nurse, or physician assistant .
| (2) Screening and treatment for sexually transmitted
| disease.
| (3) Prenatal visits to a physician in the physician's | office , an advanced practice nurse in the advanced practice | nurse's office, a physician assistant in the physician | assistant's office, or to a
hospital outpatient prenatal | clinic, local health department maternity
clinic , or | community health center.
| (4) Radiology services which are directly related to | the pregnancy, are
determined to be medically necessary and | are ordered by a physician , an advanced practice nurse, or | a physician assistant .
| (5) Pharmacy services related to the pregnancy.
| (6) Other medical consultations related to the | pregnancy.
| (7) Physician , advanced practice nurse, physician | assistant, or nurse services associated with delivery.
| (8) One postnatal office visit within 60 days after |
| delivery.
| (9) Two EPSDT-equivalent screenings for the infant | within 90 days after
birth.
| (10) Social and support services.
| (11) Nutrition services.
| (12) Case management services.
| (b) The following services shall not be covered under the | program:
| (1) Services determined by the Department not to be | medically necessary.
| (2) Services not directly related to the pregnancy, | except for the 2
covered EPSDT-equivalent screenings.
| (3) Hospital inpatient services.
| (4) Anesthesiologist and radiologist services during a | period of
hospital inpatient care.
| (5) Physician , advanced practice nurse, and physician | assistant hospital visits.
| (6) Services considered investigational or | experimental.
| (Source: P.A. 89-187, eff. 7-19-95.)
| Section 30. The Illinois Sexually Transmissible Disease | Control Act is amended by changing Sections 4 and 5.5 as | follows:
| (410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
| Sec. 4. Reporting required.
| (a) A physician licensed under the provisions of the | Medical Practice Act
of 1987 , an advanced practice nurse | licensed under the provisions of the Nursing and Advanced | Practice Nursing Act who has a written collaborative agreement | with a collaborating physician that authorizes the provision of | services for a sexually transmissible disease, or a physician | assistant licensed under the provisions of the Physician | Assistant Practice Act of 1987 who has been delegated authority | to provide services for a sexually transmissible disease
who |
| makes a diagnosis of or treats a person with a sexually
| transmissible disease and each laboratory that performs a test | for a sexually
transmissible disease which concludes with a | positive result shall report such
facts as may be required by | the Department by rule, within such time period as
the | Department may require by rule, but in no case to exceed 2 | weeks.
| (b) The Department shall adopt rules specifying the | information
required in reporting a sexually transmissible | disease, the method of
reporting and specifying a minimum time | period for reporting. In adopting
such rules, the Department | shall consider the need for information,
protections for the | privacy and confidentiality of the patient, and the
practical | abilities of persons and laboratories to report in a reasonable
| fashion.
| (c) Any person who knowingly or maliciously disseminates | any false
information or report concerning the existence of any | sexually
transmissible disease under this Section is guilty of | a Class A misdemeanor.
| (d) Any person who violates the provisions of this Section | or the rules
adopted hereunder may be fined by the Department | up to $500 for each
violation. The Department shall report each | violation of this Section to
the regulatory agency responsible | for licensing a health care professional
or a laboratory to | which these provisions apply.
| (Source: P.A. 90-14, eff. 7-1-97.)
| (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
| Sec. 5.5. Risk assessment.
| (a) Whenever the Department receives a report of HIV | infection or AIDS
pursuant to this Act and the Department | determines that the subject of the
report may present or may | have presented a possible risk of HIV
transmission, the | Department shall, when medically appropriate, investigate
the | subject of the report and that person's contacts as defined in
| subsection (c), to assess the potential risks of transmission. |
| Any
investigation and action shall be conducted in a timely | fashion. All
contacts other than those defined in subsection | (c) shall be investigated
in accordance with Section 5 of this | Act.
| (b) If the Department determines that there is or may have | been
potential risks of HIV transmission from the subject of | the report to other
persons, the Department shall afford the | subject the opportunity to submit
any information and comment | on proposed actions the Department intends to
take with respect | to the subject's contacts who are at potential risk of
| transmission of HIV prior to notification of the subject's | contacts. The
Department shall also afford the subject of the | report the opportunity to
notify the subject's contacts in a | timely fashion who are at potential risk
of transmission of HIV | prior to the Department taking any steps to notify
such | contacts. If the subject declines to notify such contacts or if | the
Department determines the notices to be inadequate or | incomplete, the
Department shall endeavor to notify such other | persons of the potential
risk, and offer testing and counseling | services to these individuals. When
the contacts are notified, | they shall be informed of the disclosure
provisions of the AIDS | Confidentiality Act and the penalties therein and
this Section.
| (c) Contacts investigated under this Section shall in the | case of HIV
infection include (i) individuals who have | undergone invasive procedures
performed by an HIV infected | health care provider and (ii)
health care providers who have | performed invasive procedures for persons
infected with HIV, | provided the Department has determined that there is or
may | have been potential risk of HIV transmission from the health | care
provider to those individuals or from infected persons to | health care
providers. The Department shall have access to the | subject's records to
review for the identity of contacts. The | subject's records shall not be
copied or seized by the | Department.
| For purposes of this subsection, the term "invasive | procedures" means
those procedures termed invasive by the |
| Centers for Disease Control in
current guidelines or | recommendations for the prevention of HIV
transmission in | health care settings, and the term "health care provider"
means | any physician, dentist, podiatrist, advanced practice nurse, | physician assistant, nurse , or other person providing
health | care services of any kind.
| (d) All information and records held by the Department and | local health
authorities pertaining to activities conducted | pursuant to this Section
shall be strictly confidential and | exempt from copying and inspection under
the Freedom of | Information Act. Such information and records shall not be
| released or made public by the Department or local health | authorities, and
shall not be admissible as evidence, nor | discoverable in any action of any
kind in any court or before | any tribunal, board, agency or person and shall
be treated in | the same manner as the information and those records subject
to | the provisions of Part 21 of the Code of Civil Procedure except | under
the following circumstances:
| (1) When made with the written consent of all persons | to whom this
information pertains;
| (2) When authorized under Section 8 to be released | under court order
or subpoena pursuant to Section 12-16.2 | of the Criminal Code of 1961; or
| (3) When made by the Department for the purpose of | seeking a warrant
authorized by Sections 6 and 7 of this | Act. Such disclosure shall conform
to the requirements of | subsection (a) of Section 8 of this Act.
| (e) Any person who knowingly or maliciously disseminates | any
information or report concerning the existence of any | disease under this
Section is guilty of a Class A misdemeanor.
| (Source: P.A. 87-763.)
| Section 35. The Consent by Minors to Medical Procedures Act | is amended by changing Sections 1, 2, 3, and 5 as follows:
| (410 ILCS 210/1) (from Ch. 111, par. 4501)
|
| Sec. 1. Consent by minor. The consent to the performance of | a medical or
surgical procedure
by a physician licensed to | practice medicine and surgery , an advanced practice nurse who | has a written collaborative agreement with a collaborating | physician that authorizes provision of services for minors, or | a physician assistant who has been delegated authority to | provide services for minors executed by a
married person who is | a minor, by a parent who is a minor, by a pregnant
woman who is | a minor, or by
any person 18 years of age or older, is not | voidable because of such
minority, and, for such purpose, a | married person who is a minor, a parent
who is a minor, a
| pregnant woman who is a minor, or any person 18 years of age or | older, is
deemed to have the same legal capacity to act and has | the same powers and
obligations as has a person of legal age.
| (Source: P.A. 89-187, eff. 7-19-95.)
| (410 ILCS 210/2) (from Ch. 111, par. 4502)
| Sec. 2. Any parent, including a parent who is a minor, may | consent to the
performance upon his or her child of a medical | or surgical procedure by a
physician licensed to practice | medicine and surgery , an advanced practice nurse who has a | written collaborative agreement with a collaborating physician | that authorizes provision of services for minors, or a | physician assistant who has been delegated authority to provide | services for minors or a dental procedure
by a licensed | dentist. The consent of a parent who is a minor shall not be
| voidable because of such minority, but, for such purpose, a | parent who is a
minor shall be deemed to have the same legal | capacity to act and shall have
the same powers and obligations | as has a person of legal age.
| (Source: P.A. 77-1661.)
| (410 ILCS 210/3) (from Ch. 111, par. 4503)
| Sec. 3. (a) Where a hospital ,
or a physician , licensed to | practice medicine
or surgery, an advanced practice nurse who | has a written collaborative agreement with a collaborating |
| physician that authorizes provision of services for minors, or | a physician assistant who has been delegated authority to | provide services for minors renders emergency treatment or | first aid or a licensed dentist
renders emergency dental | treatment to a minor, consent of the minor's parent
or legal | guardian need not be obtained if, in the sole opinion of the
| physician,
advanced practice nurse, physician assistant,
| dentist , or hospital, the obtaining of consent is not | reasonably feasible
under the circumstances without adversely | affecting the condition of such
minor's health.
| (b) Where a minor is the victim of a predatory criminal | sexual assault of
a child, aggravated criminal sexual assault, | criminal sexual assault,
aggravated criminal sexual abuse or | criminal sexual abuse, as provided in
Sections 12-13 through | 12-16 of the Criminal Code of 1961, as now or hereafter
| amended, the consent
of the minor's parent or legal guardian | need not be obtained to authorize
a hospital, physician , | advanced practice nurse, physician assistant, or other medical | personnel to furnish medical care
or counseling related to the | diagnosis or treatment of any disease or injury
arising from | such offense. The minor may consent to such counseling, | diagnosis
or treatment as if the minor had reached his or her | age of majority. Such
consent shall not be voidable, nor | subject to later disaffirmance, because
of minority.
| (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
| (410 ILCS 210/5) (from Ch. 111, par. 4505)
| Sec. 5. Counseling; informing parent or guardian. Any | physician , advanced practice nurse, or physician assistant,
| who
provides diagnosis or treatment or any
licensed clinical | psychologist or professionally trained social worker
with a | master's degree or any qualified person employed (i) by an
| organization licensed or funded by the Department of Human
| Services, (ii) by units of local
government, or (iii) by | agencies or organizations operating drug abuse programs
funded | or licensed by the Federal Government or the State of Illinois
|
| or any qualified person employed by or associated with any | public or private
alcoholism or drug abuse program licensed by | the State of Illinois who
provides counseling to a minor | patient who has come into contact with any
sexually transmitted | disease referred to in Section 4 of this
Act may, but shall not | be
obligated to, inform the parent, parents, or guardian of the | minor as to
the treatment given or needed. Any person described | in this Section who
provides counseling to a minor who abuses | drugs or alcohol or has a family
member who abuses drugs or | alcohol shall not inform the parent, parents,
guardian, or | other responsible adult of the minor's condition or treatment
| without the minor's consent unless that action is, in the | person's
judgment, necessary to protect the safety of the | minor, a family member, or
another individual.
| Any such person shall, upon the minor's consent, make | reasonable efforts
to involve the family of the minor in his or | her treatment, if the person
furnishing the treatment believes | that the involvement of the family will
not be detrimental to | the progress and care of the minor. Reasonable effort
shall be | extended to assist the minor in accepting the involvement of | his
or her family in the care and treatment being given.
| (Source: P.A. 89-187, eff. 7-19-95; 89-507, eff. 7-1-97.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/20/2004
|