Bill Text: IL HB0313 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Nurse Practice Act from January 1, 2018 to January 1, 2028. Amends the Nurse Practice Act. Defines "focused assessment", "full practice authority", "oversight", and "postgraduate advanced practice nurse". Changes references of "advanced practice nurse" and "APN" to "advanced practice registered nurse" and "APRN" throughout the Act. Replaces provisions regarding nursing delegation with provisions that prohibit specified actions. Provides other guidelines for delegation of nursing activities and medication administration. Makes changes to education program requirements, qualifications for licensure, the scope of practice, and continuing education for LPN and RN licensees. Provides that a written collaborative agreement is required for all postgraduate advanced practice registered nurses until specific requirements have been met. Provides that postgraduate advanced practice registered nurses may enter into written collaborative agreements with collaborating advanced practice registered nurses or physicians (rather than collaborating physicians or podiatric physicians). In provisions concerning prescriptive authority for postgraduate advanced practice registered nurses, sets forth the requirements for postgraduate advanced practice registered nurses to have prescriptive authority and the limitations of such authority. Makes changes to provisions concerning the grounds for disciplinary action under the Act. Requires the Department of Public Health to prepare a report regarding the moneys appropriated from the Nursing Dedicated and Professional Fund to the Department of Public Health for nursing scholarships. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Enrolled) 2017-06-25 - Passed Both Houses [HB0313 Detail]

Download: Illinois-2017-HB0313-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.28 and by adding Section 4.38 as follows:
6 (5 ILCS 80/4.28)
7 Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9 The Illinois Petroleum Education and Marketing Act.
10 The Podiatric Medical Practice Act of 1987.
11 The Acupuncture Practice Act.
12 The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14 The Interpreter for the Deaf Licensure Act of 2007.
15 The Nurse Practice Act.
16 The Clinical Social Work and Social Work Practice Act.
17 The Pharmacy Practice Act.
18 The Home Medical Equipment and Services Provider License
19Act.
20 The Marriage and Family Therapy Licensing Act.
21 The Nursing Home Administrators Licensing and Disciplinary
22Act.
23 The Physician Assistant Practice Act of 1987.

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1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
6 (5 ILCS 80/4.38 new)
7 Sec. 4.38. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9 The Nurse Practice Act.
10 Section 10. The State Employees Group Insurance Act of 1971
11is amended by changing Section 6.11A as follows:
12 (5 ILCS 375/6.11A)
13 Sec. 6.11A. Physical therapy and occupational therapy.
14 (a) The program of health benefits provided under this Act
15shall provide coverage for medically necessary physical
16therapy and occupational therapy when that therapy is ordered
17for the treatment of autoimmune diseases or referred for the
18same purpose by (i) a physician licensed under the Medical
19Practice Act of 1987, (ii) a physician assistant licensed under
20the Physician Assistant Practice Act of 1987, or (iii) an
21advanced practice registered nurse licensed under the Nurse
22Practice Act.
23 (b) For the purpose of this Section, "medically necessary"

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1means any care, treatment, intervention, service, or item that
2will or is reasonably expected to:
3 (i) prevent the onset of an illness, condition, injury,
4 disease, or disability;
5 (ii) reduce or ameliorate the physical, mental, or
6 developmental effects of an illness, condition, injury,
7 disease, or disability; or
8 (iii) assist the achievement or maintenance of maximum
9 functional activity in performing daily activities.
10 (c) The coverage required under this Section shall be
11subject to the same deductible, coinsurance, waiting period,
12cost sharing limitation, treatment limitation, calendar year
13maximum, or other limitations as provided for other physical or
14rehabilitative or occupational therapy benefits covered by the
15policy.
16 (d) Upon request of the reimbursing insurer, the provider
17of the physical therapy or occupational therapy shall furnish
18medical records, clinical notes, or other necessary data that
19substantiate that initial or continued treatment is medically
20necessary. When treatment is anticipated to require continued
21services to achieve demonstrable progress, the insurer may
22request a treatment plan consisting of the diagnosis, proposed
23treatment by type, proposed frequency of treatment,
24anticipated duration of treatment, anticipated outcomes stated
25as goals, and proposed frequency of updating the treatment
26plan.

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1 (e) When making a determination of medical necessity for
2treatment, an insurer must make the determination in a manner
3consistent with the manner in which that determination is made
4with respect to other diseases or illnesses covered under the
5policy, including an appeals process. During the appeals
6process, any challenge to medical necessity may be viewed as
7reasonable only if the review includes a licensed health care
8professional with the same category of license as the
9professional who ordered or referred the service in question
10and with expertise in the most current and effective treatment.
11(Source: P.A. 99-581, eff. 1-1-17.)
12 Section 15. The Election Code is amended by changing
13Sections 19-12.1 and 19-13 as follows:
14 (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
15 Sec. 19-12.1. Any qualified elector who has secured an
16Illinois Person with a Disability Identification Card in
17accordance with the Illinois Identification Card Act,
18indicating that the person named thereon has a Class 1A or
19Class 2 disability or any qualified voter who has a permanent
20physical incapacity of such a nature as to make it improbable
21that he will be able to be present at the polls at any future
22election, or any voter who is a resident of (i) a federally
23operated veterans' home, hospital, or facility located in
24Illinois or (ii) a facility licensed or certified pursuant to

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1the Nursing Home Care Act, the Specialized Mental Health
2Rehabilitation Act of 2013, the ID/DD Community Care Act, or
3the MC/DD Act and has a condition or disability of such a
4nature as to make it improbable that he will be able to be
5present at the polls at any future election, may secure a
6voter's identification card for persons with disabilities or a
7nursing home resident's identification card, which will enable
8him to vote under this Article as a physically incapacitated or
9nursing home voter. For the purposes of this Section,
10"federally operated veterans' home, hospital, or facility"
11means the long-term care facilities at the Jesse Brown VA
12Medical Center, Illiana Health Care System, Edward Hines, Jr.
13VA Hospital, Marion VA Medical Center, and Captain James A.
14Lovell Federal Health Care Center.
15 Application for a voter's identification card for persons
16with disabilities or a nursing home resident's identification
17card shall be made either: (a) in writing, with voter's sworn
18affidavit, to the county clerk or board of election
19commissioners, as the case may be, and shall be accompanied by
20the affidavit of the attending physician, advanced practice
21registered nurse, or a physician assistant specifically
22describing the nature of the physical incapacity or the fact
23that the voter is a nursing home resident and is physically
24unable to be present at the polls on election days; or (b) by
25presenting, in writing or otherwise, to the county clerk or
26board of election commissioners, as the case may be, proof that

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1the applicant has secured an Illinois Person with a Disability
2Identification Card indicating that the person named thereon
3has a Class 1A or Class 2 disability. Upon the receipt of
4either the sworn-to application and the physician's, advanced
5practice registered nurse's, or a physician assistant's
6affidavit or proof that the applicant has secured an Illinois
7Person with a Disability Identification Card indicating that
8the person named thereon has a Class 1A or Class 2 disability,
9the county clerk or board of election commissioners shall issue
10a voter's identification card for persons with disabilities or
11a nursing home resident's identification card. Such
12identification cards shall be issued for a period of 5 years,
13upon the expiration of which time the voter may secure a new
14card by making application in the same manner as is prescribed
15for the issuance of an original card, accompanied by a new
16affidavit of the attending physician, advanced practice
17registered nurse, or a physician assistant. The date of
18expiration of such five-year period shall be made known to any
19interested person by the election authority upon the request of
20such person. Applications for the renewal of the identification
21cards shall be mailed to the voters holding such cards not less
22than 3 months prior to the date of expiration of the cards.
23 Each voter's identification card for persons with
24disabilities or nursing home resident's identification card
25shall bear an identification number, which shall be clearly
26noted on the voter's original and duplicate registration record

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1cards. In the event the holder becomes physically capable of
2resuming normal voting, he must surrender his voter's
3identification card for persons with disabilities or nursing
4home resident's identification card to the county clerk or
5board of election commissioners before the next election.
6 The holder of a voter's identification card for persons
7with disabilities or a nursing home resident's identification
8card may make application by mail for an official ballot within
9the time prescribed by Section 19-2. Such application shall
10contain the same information as is included in the form of
11application for ballot by a physically incapacitated elector
12prescribed in Section 19-3 except that it shall also include
13the applicant's voter's identification card for persons with
14disabilities card number and except that it need not be sworn
15to. If an examination of the records discloses that the
16applicant is lawfully entitled to vote, he shall be mailed a
17ballot as provided in Section 19-4. The ballot envelope shall
18be the same as that prescribed in Section 19-5 for voters with
19physical disabilities, and the manner of voting and returning
20the ballot shall be the same as that provided in this Article
21for other vote by mail ballots, except that a statement to be
22subscribed to by the voter but which need not be sworn to shall
23be placed on the ballot envelope in lieu of the affidavit
24prescribed by Section 19-5.
25 Any person who knowingly subscribes to a false statement in
26connection with voting under this Section shall be guilty of a

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1Class A misdemeanor.
2 For the purposes of this Section, "nursing home resident"
3includes a resident of (i) a federally operated veterans' home,
4hospital, or facility located in Illinois or (ii) a facility
5licensed under the ID/DD Community Care Act, the MC/DD Act, or
6the Specialized Mental Health Rehabilitation Act of 2013. For
7the purposes of this Section, "federally operated veterans'
8home, hospital, or facility" means the long-term care
9facilities at the Jesse Brown VA Medical Center, Illiana Health
10Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
11Center, and Captain James A. Lovell Federal Health Care Center.
12(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
1399-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff.
141-1-17; 99-642, eff. 6-28-16.)
15 (10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
16 Sec. 19-13. Any qualified voter who has been admitted to a
17hospital, nursing home, or rehabilitation center due to an
18illness or physical injury not more than 14 days before an
19election shall be entitled to personal delivery of a vote by
20mail ballot in the hospital, nursing home, or rehabilitation
21center subject to the following conditions:
22 (1) The voter completes the Application for Physically
23Incapacitated Elector as provided in Section 19-3, stating as
24reasons therein that he is a patient in ............... (name
25of hospital/home/center), ............... located at,

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1............... (address of hospital/home/center),
2............... (county, city/village), was admitted for
3............... (nature of illness or physical injury), on
4............... (date of admission), and does not expect to be
5released from the hospital/home/center on or before the day of
6election or, if released, is expected to be homebound on the
7day of the election and unable to travel to the polling place.
8 (2) The voter's physician, advanced practice registered
9nurse, or physician assistant completes a Certificate of
10Attending Health Care Professional in a form substantially as
11follows:
12
CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL
13 I state that I am a physician, advanced practice registered
14nurse, or physician assistant, duly licensed to practice in the
15State of .........; that .......... is a patient in ..........
16(name of hospital/home/center), located at .............
17(address of hospital/home/center), ................. (county,
18city/village); that such individual was admitted for
19............. (nature of illness or physical injury), on
20............ (date of admission); and that I have examined such
21individual in the State in which I am licensed to practice and
22do not expect such individual to be released from the
23hospital/home/center on or before the day of election or, if
24released, to be able to travel to the polling place on election
25day.
26 Under penalties as provided by law pursuant to Section

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129-10 of The Election Code, the undersigned certifies that the
2statements set forth in this certification are true and
3correct.
4
(Signature) ...............
5
(Date licensed) ............
6 (3) Any person who is registered to vote in the same
7precinct as the admitted voter or any legal relative of the
8admitted voter may present such voter's vote by mail ballot
9application, completed as prescribed in paragraph 1,
10accompanied by the physician's, advanced practice registered
11nurse's, or a physician assistant's certificate, completed as
12prescribed in paragraph 2, to the election authority. Such
13precinct voter or relative shall execute and sign an affidavit
14furnished by the election authority attesting that he is a
15registered voter in the same precinct as the admitted voter or
16that he is a legal relative of the admitted voter and stating
17the nature of the relationship. Such precinct voter or relative
18shall further attest that he has been authorized by the
19admitted voter to obtain his or her vote by mail ballot from
20the election authority and deliver such ballot to him in the
21hospital, home, or center.
22 Upon receipt of the admitted voter's application,
23physician's, advanced practice registered nurse's, or a
24physician assistant's certificate, and the affidavit of the
25precinct voter or the relative, the election authority shall
26examine the registration records to determine if the applicant

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1is qualified to vote and, if found to be qualified, shall
2provide the precinct voter or the relative the vote by mail
3ballot for delivery to the applicant.
4 Upon receipt of the vote by mail ballot, the admitted voter
5shall mark the ballot in secret and subscribe to the
6certifications on the vote by mail ballot return envelope.
7After depositing the ballot in the return envelope and securely
8sealing the envelope, such voter shall give the envelope to the
9precinct voter or the relative who shall deliver it to the
10election authority in sufficient time for the ballot to be
11delivered by the election authority to the election authority's
12central ballot counting location before 7 p.m. on election day.
13 Upon receipt of the admitted voter's vote by mail ballot,
14the ballot shall be counted in the manner prescribed in this
15Article.
16(Source: P.A. 98-1171, eff. 6-1-15; 99-581, eff. 1-1-17.)
17 Section 20. The Illinois Identification Card Act is amended
18by changing Section 4 as follows:
19 (15 ILCS 335/4) (from Ch. 124, par. 24)
20 (Text of Section before amendment by P.A. 99-907)
21 Sec. 4. Identification card.
22 (a) The Secretary of State shall issue a standard Illinois
23Identification Card to any natural person who is a resident of
24the State of Illinois who applies for such card, or renewal

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1thereof, or who applies for a standard Illinois Identification
2Card upon release as a committed person on parole, mandatory
3supervised release, aftercare release, final discharge, or
4pardon from the Department of Corrections or Department of
5Juvenile Justice by submitting an identification card issued by
6the Department of Corrections or Department of Juvenile Justice
7under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
8Corrections, together with the prescribed fees. No
9identification card shall be issued to any person who holds a
10valid foreign state identification card, license, or permit
11unless the person first surrenders to the Secretary of State
12the valid foreign state identification card, license, or
13permit. The card shall be prepared and supplied by the
14Secretary of State and shall include a photograph and signature
15or mark of the applicant. However, the Secretary of State may
16provide by rule for the issuance of Illinois Identification
17Cards without photographs if the applicant has a bona fide
18religious objection to being photographed or to the display of
19his or her photograph. The Illinois Identification Card may be
20used for identification purposes in any lawful situation only
21by the person to whom it was issued. As used in this Act,
22"photograph" means any color photograph or digitally produced
23and captured image of an applicant for an identification card.
24As used in this Act, "signature" means the name of a person as
25written by that person and captured in a manner acceptable to
26the Secretary of State.

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1 (a-5) If an applicant for an identification card has a
2current driver's license or instruction permit issued by the
3Secretary of State, the Secretary may require the applicant to
4utilize the same residence address and name on the
5identification card, driver's license, and instruction permit
6records maintained by the Secretary. The Secretary may
7promulgate rules to implement this provision.
8 (a-10) If the applicant is a judicial officer as defined in
9Section 1-10 of the Judicial Privacy Act or a peace officer,
10the applicant may elect to have his or her office or work
11address listed on the card instead of the applicant's residence
12or mailing address. The Secretary may promulgate rules to
13implement this provision. For the purposes of this subsection
14(a-10), "peace officer" means any person who by virtue of his
15or her office or public employment is vested by law with a duty
16to maintain public order or to make arrests for a violation of
17any penal statute of this State, whether that duty extends to
18all violations or is limited to specific violations.
19 (a-15) The Secretary of State may provide for an expedited
20process for the issuance of an Illinois Identification Card.
21The Secretary shall charge an additional fee for the expedited
22issuance of an Illinois Identification Card, to be set by rule,
23not to exceed $75. All fees collected by the Secretary for
24expedited Illinois Identification Card service shall be
25deposited into the Secretary of State Special Services Fund.
26The Secretary may adopt rules regarding the eligibility,

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1process, and fee for an expedited Illinois Identification Card.
2If the Secretary of State determines that the volume of
3expedited identification card requests received on a given day
4exceeds the ability of the Secretary to process those requests
5in an expedited manner, the Secretary may decline to provide
6expedited services, and the additional fee for the expedited
7service shall be refunded to the applicant.
8 (b) The Secretary of State shall issue a special Illinois
9Identification Card, which shall be known as an Illinois Person
10with a Disability Identification Card, to any natural person
11who is a resident of the State of Illinois, who is a person
12with a disability as defined in Section 4A of this Act, who
13applies for such card, or renewal thereof. No Illinois Person
14with a Disability Identification Card shall be issued to any
15person who holds a valid foreign state identification card,
16license, or permit unless the person first surrenders to the
17Secretary of State the valid foreign state identification card,
18license, or permit. The Secretary of State shall charge no fee
19to issue such card. The card shall be prepared and supplied by
20the Secretary of State, and shall include a photograph and
21signature or mark of the applicant, a designation indicating
22that the card is an Illinois Person with a Disability
23Identification Card, and shall include a comprehensible
24designation of the type and classification of the applicant's
25disability as set out in Section 4A of this Act. However, the
26Secretary of State may provide by rule for the issuance of

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1Illinois Person with a Disability Identification Cards without
2photographs if the applicant has a bona fide religious
3objection to being photographed or to the display of his or her
4photograph. If the applicant so requests, the card shall
5include a description of the applicant's disability and any
6information about the applicant's disability or medical
7history which the Secretary determines would be helpful to the
8applicant in securing emergency medical care. If a mark is used
9in lieu of a signature, such mark shall be affixed to the card
10in the presence of two witnesses who attest to the authenticity
11of the mark. The Illinois Person with a Disability
12Identification Card may be used for identification purposes in
13any lawful situation by the person to whom it was issued.
14 The Illinois Person with a Disability Identification Card
15may be used as adequate documentation of disability in lieu of
16a physician's determination of disability, a determination of
17disability from a physician assistant, a determination of
18disability from an advanced practice registered nurse, or any
19other documentation of disability whenever any State law
20requires that a person with a disability provide such
21documentation of disability, however an Illinois Person with a
22Disability Identification Card shall not qualify the
23cardholder to participate in any program or to receive any
24benefit which is not available to all persons with like
25disabilities. Notwithstanding any other provisions of law, an
26Illinois Person with a Disability Identification Card, or

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1evidence that the Secretary of State has issued an Illinois
2Person with a Disability Identification Card, shall not be used
3by any person other than the person named on such card to prove
4that the person named on such card is a person with a
5disability or for any other purpose unless the card is used for
6the benefit of the person named on such card, and the person
7named on such card consents to such use at the time the card is
8so used.
9 An optometrist's determination of a visual disability
10under Section 4A of this Act is acceptable as documentation for
11the purpose of issuing an Illinois Person with a Disability
12Identification Card.
13 When medical information is contained on an Illinois Person
14with a Disability Identification Card, the Office of the
15Secretary of State shall not be liable for any actions taken
16based upon that medical information.
17 (c) The Secretary of State shall provide that each original
18or renewal Illinois Identification Card or Illinois Person with
19a Disability Identification Card issued to a person under the
20age of 21 shall be of a distinct nature from those Illinois
21Identification Cards or Illinois Person with a Disability
22Identification Cards issued to individuals 21 years of age or
23older. The color designated for Illinois Identification Cards
24or Illinois Person with a Disability Identification Cards for
25persons under the age of 21 shall be at the discretion of the
26Secretary of State.

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1 (c-1) Each original or renewal Illinois Identification
2Card or Illinois Person with a Disability Identification Card
3issued to a person under the age of 21 shall display the date
4upon which the person becomes 18 years of age and the date upon
5which the person becomes 21 years of age.
6 (c-3) The General Assembly recognizes the need to identify
7military veterans living in this State for the purpose of
8ensuring that they receive all of the services and benefits to
9which they are legally entitled, including healthcare,
10education assistance, and job placement. To assist the State in
11identifying these veterans and delivering these vital services
12and benefits, the Secretary of State is authorized to issue
13Illinois Identification Cards and Illinois Person with a
14Disability Identification Cards with the word "veteran"
15appearing on the face of the cards. This authorization is
16predicated on the unique status of veterans. The Secretary may
17not issue any other identification card which identifies an
18occupation, status, affiliation, hobby, or other unique
19characteristics of the identification card holder which is
20unrelated to the purpose of the identification card.
21 (c-5) Beginning on or before July 1, 2015, the Secretary of
22State shall designate a space on each original or renewal
23identification card where, at the request of the applicant, the
24word "veteran" shall be placed. The veteran designation shall
25be available to a person identified as a veteran under
26subsection (b) of Section 5 of this Act who was discharged or

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1separated under honorable conditions.
2 (d) The Secretary of State may issue a Senior Citizen
3discount card, to any natural person who is a resident of the
4State of Illinois who is 60 years of age or older and who
5applies for such a card or renewal thereof. The Secretary of
6State shall charge no fee to issue such card. The card shall be
7issued in every county and applications shall be made available
8at, but not limited to, nutrition sites, senior citizen centers
9and Area Agencies on Aging. The applicant, upon receipt of such
10card and prior to its use for any purpose, shall have affixed
11thereon in the space provided therefor his signature or mark.
12 (e) The Secretary of State, in his or her discretion, may
13designate on each Illinois Identification Card or Illinois
14Person with a Disability Identification Card a space where the
15card holder may place a sticker or decal, issued by the
16Secretary of State, of uniform size as the Secretary may
17specify, that shall indicate in appropriate language that the
18card holder has renewed his or her Illinois Identification Card
19or Illinois Person with a Disability Identification Card.
20(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
2198-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
227-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
23eff. 7-28-16.)
24 (Text of Section after amendment by P.A. 99-907)
25 Sec. 4. Identification Card.

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1 (a) The Secretary of State shall issue a standard Illinois
2Identification Card to any natural person who is a resident of
3the State of Illinois who applies for such card, or renewal
4thereof. No identification card shall be issued to any person
5who holds a valid foreign state identification card, license,
6or permit unless the person first surrenders to the Secretary
7of State the valid foreign state identification card, license,
8or permit. The card shall be prepared and supplied by the
9Secretary of State and shall include a photograph and signature
10or mark of the applicant. However, the Secretary of State may
11provide by rule for the issuance of Illinois Identification
12Cards without photographs if the applicant has a bona fide
13religious objection to being photographed or to the display of
14his or her photograph. The Illinois Identification Card may be
15used for identification purposes in any lawful situation only
16by the person to whom it was issued. As used in this Act,
17"photograph" means any color photograph or digitally produced
18and captured image of an applicant for an identification card.
19As used in this Act, "signature" means the name of a person as
20written by that person and captured in a manner acceptable to
21the Secretary of State.
22 (a-5) If an applicant for an identification card has a
23current driver's license or instruction permit issued by the
24Secretary of State, the Secretary may require the applicant to
25utilize the same residence address and name on the
26identification card, driver's license, and instruction permit

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1records maintained by the Secretary. The Secretary may
2promulgate rules to implement this provision.
3 (a-10) If the applicant is a judicial officer as defined in
4Section 1-10 of the Judicial Privacy Act or a peace officer,
5the applicant may elect to have his or her office or work
6address listed on the card instead of the applicant's residence
7or mailing address. The Secretary may promulgate rules to
8implement this provision. For the purposes of this subsection
9(a-10), "peace officer" means any person who by virtue of his
10or her office or public employment is vested by law with a duty
11to maintain public order or to make arrests for a violation of
12any penal statute of this State, whether that duty extends to
13all violations or is limited to specific violations.
14 (a-15) The Secretary of State may provide for an expedited
15process for the issuance of an Illinois Identification Card.
16The Secretary shall charge an additional fee for the expedited
17issuance of an Illinois Identification Card, to be set by rule,
18not to exceed $75. All fees collected by the Secretary for
19expedited Illinois Identification Card service shall be
20deposited into the Secretary of State Special Services Fund.
21The Secretary may adopt rules regarding the eligibility,
22process, and fee for an expedited Illinois Identification Card.
23If the Secretary of State determines that the volume of
24expedited identification card requests received on a given day
25exceeds the ability of the Secretary to process those requests
26in an expedited manner, the Secretary may decline to provide

HB0313 Enrolled- 21 -LRB100 04130 SMS 14135 b
1expedited services, and the additional fee for the expedited
2service shall be refunded to the applicant.
3 (a-20) The Secretary of State shall issue a standard
4Illinois Identification Card to a committed person upon release
5on parole, mandatory supervised release, aftercare release,
6final discharge, or pardon from the Department of Corrections
7or Department of Juvenile Justice, if the released person
8presents a certified copy of his or her birth certificate,
9social security card or other documents authorized by the
10Secretary, and 2 documents proving his or her Illinois
11residence address. Documents proving residence address may
12include any official document of the Department of Corrections
13or the Department of Juvenile Justice showing the released
14person's address after release and a Secretary of State
15prescribed certificate of residency form, which may be executed
16by Department of Corrections or Department of Juvenile Justice
17personnel.
18 (a-25) The Secretary of State shall issue a limited-term
19Illinois Identification Card valid for 90 days to a committed
20person upon release on parole, mandatory supervised release,
21aftercare release, final discharge, or pardon from the
22Department of Corrections or Department of Juvenile Justice, if
23the released person is unable to present a certified copy of
24his or her birth certificate and social security card or other
25documents authorized by the Secretary, but does present a
26Secretary of State prescribed verification form completed by

HB0313 Enrolled- 22 -LRB100 04130 SMS 14135 b
1the Department of Corrections or Department of Juvenile
2Justice, verifying the released person's date of birth and
3social security number and 2 documents proving his or her
4Illinois residence address. The verification form must have
5been completed no more than 30 days prior to the date of
6application for the Illinois Identification Card. Documents
7proving residence address shall include any official document
8of the Department of Corrections or the Department of Juvenile
9Justice showing the person's address after release and a
10Secretary of State prescribed certificate of residency, which
11may be executed by Department of Corrections or Department of
12Juvenile Justice personnel.
13 Prior to the expiration of the 90-day period of the
14limited-term Illinois Identification Card, if the released
15person submits to the Secretary of State a certified copy of
16his or her birth certificate and his or her social security
17card or other documents authorized by the Secretary, a standard
18Illinois Identification Card shall be issued. A limited-term
19Illinois Identification Card may not be renewed.
20 (b) The Secretary of State shall issue a special Illinois
21Identification Card, which shall be known as an Illinois Person
22with a Disability Identification Card, to any natural person
23who is a resident of the State of Illinois, who is a person
24with a disability as defined in Section 4A of this Act, who
25applies for such card, or renewal thereof. No Illinois Person
26with a Disability Identification Card shall be issued to any

HB0313 Enrolled- 23 -LRB100 04130 SMS 14135 b
1person who holds a valid foreign state identification card,
2license, or permit unless the person first surrenders to the
3Secretary of State the valid foreign state identification card,
4license, or permit. The Secretary of State shall charge no fee
5to issue such card. The card shall be prepared and supplied by
6the Secretary of State, and shall include a photograph and
7signature or mark of the applicant, a designation indicating
8that the card is an Illinois Person with a Disability
9Identification Card, and shall include a comprehensible
10designation of the type and classification of the applicant's
11disability as set out in Section 4A of this Act. However, the
12Secretary of State may provide by rule for the issuance of
13Illinois Person with a Disability Identification Cards without
14photographs if the applicant has a bona fide religious
15objection to being photographed or to the display of his or her
16photograph. If the applicant so requests, the card shall
17include a description of the applicant's disability and any
18information about the applicant's disability or medical
19history which the Secretary determines would be helpful to the
20applicant in securing emergency medical care. If a mark is used
21in lieu of a signature, such mark shall be affixed to the card
22in the presence of two witnesses who attest to the authenticity
23of the mark. The Illinois Person with a Disability
24Identification Card may be used for identification purposes in
25any lawful situation by the person to whom it was issued.
26 The Illinois Person with a Disability Identification Card

HB0313 Enrolled- 24 -LRB100 04130 SMS 14135 b
1may be used as adequate documentation of disability in lieu of
2a physician's determination of disability, a determination of
3disability from a physician assistant, a determination of
4disability from an advanced practice registered nurse, or any
5other documentation of disability whenever any State law
6requires that a person with a disability provide such
7documentation of disability, however an Illinois Person with a
8Disability Identification Card shall not qualify the
9cardholder to participate in any program or to receive any
10benefit which is not available to all persons with like
11disabilities. Notwithstanding any other provisions of law, an
12Illinois Person with a Disability Identification Card, or
13evidence that the Secretary of State has issued an Illinois
14Person with a Disability Identification Card, shall not be used
15by any person other than the person named on such card to prove
16that the person named on such card is a person with a
17disability or for any other purpose unless the card is used for
18the benefit of the person named on such card, and the person
19named on such card consents to such use at the time the card is
20so used.
21 An optometrist's determination of a visual disability
22under Section 4A of this Act is acceptable as documentation for
23the purpose of issuing an Illinois Person with a Disability
24Identification Card.
25 When medical information is contained on an Illinois Person
26with a Disability Identification Card, the Office of the

HB0313 Enrolled- 25 -LRB100 04130 SMS 14135 b
1Secretary of State shall not be liable for any actions taken
2based upon that medical information.
3 (c) The Secretary of State shall provide that each original
4or renewal Illinois Identification Card or Illinois Person with
5a Disability Identification Card issued to a person under the
6age of 21 shall be of a distinct nature from those Illinois
7Identification Cards or Illinois Person with a Disability
8Identification Cards issued to individuals 21 years of age or
9older. The color designated for Illinois Identification Cards
10or Illinois Person with a Disability Identification Cards for
11persons under the age of 21 shall be at the discretion of the
12Secretary of State.
13 (c-1) Each original or renewal Illinois Identification
14Card or Illinois Person with a Disability Identification Card
15issued to a person under the age of 21 shall display the date
16upon which the person becomes 18 years of age and the date upon
17which the person becomes 21 years of age.
18 (c-3) The General Assembly recognizes the need to identify
19military veterans living in this State for the purpose of
20ensuring that they receive all of the services and benefits to
21which they are legally entitled, including healthcare,
22education assistance, and job placement. To assist the State in
23identifying these veterans and delivering these vital services
24and benefits, the Secretary of State is authorized to issue
25Illinois Identification Cards and Illinois Person with a
26Disability Identification Cards with the word "veteran"

HB0313 Enrolled- 26 -LRB100 04130 SMS 14135 b
1appearing on the face of the cards. This authorization is
2predicated on the unique status of veterans. The Secretary may
3not issue any other identification card which identifies an
4occupation, status, affiliation, hobby, or other unique
5characteristics of the identification card holder which is
6unrelated to the purpose of the identification card.
7 (c-5) Beginning on or before July 1, 2015, the Secretary of
8State shall designate a space on each original or renewal
9identification card where, at the request of the applicant, the
10word "veteran" shall be placed. The veteran designation shall
11be available to a person identified as a veteran under
12subsection (b) of Section 5 of this Act who was discharged or
13separated under honorable conditions.
14 (d) The Secretary of State may issue a Senior Citizen
15discount card, to any natural person who is a resident of the
16State of Illinois who is 60 years of age or older and who
17applies for such a card or renewal thereof. The Secretary of
18State shall charge no fee to issue such card. The card shall be
19issued in every county and applications shall be made available
20at, but not limited to, nutrition sites, senior citizen centers
21and Area Agencies on Aging. The applicant, upon receipt of such
22card and prior to its use for any purpose, shall have affixed
23thereon in the space provided therefor his signature or mark.
24 (e) The Secretary of State, in his or her discretion, may
25designate on each Illinois Identification Card or Illinois
26Person with a Disability Identification Card a space where the

HB0313 Enrolled- 27 -LRB100 04130 SMS 14135 b
1card holder may place a sticker or decal, issued by the
2Secretary of State, of uniform size as the Secretary may
3specify, that shall indicate in appropriate language that the
4card holder has renewed his or her Illinois Identification Card
5or Illinois Person with a Disability Identification Card.
6(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
798-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
87-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
9eff. 7-28-16; 99-907, eff. 7-1-17.)
10 Section 25. The Alcoholism and Other Drug Abuse and
11Dependency Act is amended by changing Section 5-23 as follows:
12 (20 ILCS 301/5-23)
13 Sec. 5-23. Drug Overdose Prevention Program.
14 (a) Reports of drug overdose.
15 (1) The Director of the Division of Alcoholism and
16 Substance Abuse shall publish annually a report on drug
17 overdose trends statewide that reviews State death rates
18 from available data to ascertain changes in the causes or
19 rates of fatal and nonfatal drug overdose. The report shall
20 also provide information on interventions that would be
21 effective in reducing the rate of fatal or nonfatal drug
22 overdose and shall include an analysis of drug overdose
23 information reported to the Department of Public Health
24 pursuant to subsection (e) of Section 3-3013 of the

HB0313 Enrolled- 28 -LRB100 04130 SMS 14135 b
1 Counties Code, Section 6.14g of the Hospital Licensing Act,
2 and subsection (j) of Section 22-30 of the School Code.
3 (2) The report may include:
4 (A) Trends in drug overdose death rates.
5 (B) Trends in emergency room utilization related
6 to drug overdose and the cost impact of emergency room
7 utilization.
8 (C) Trends in utilization of pre-hospital and
9 emergency services and the cost impact of emergency
10 services utilization.
11 (D) Suggested improvements in data collection.
12 (E) A description of other interventions effective
13 in reducing the rate of fatal or nonfatal drug
14 overdose.
15 (F) A description of efforts undertaken to educate
16 the public about unused medication and about how to
17 properly dispose of unused medication, including the
18 number of registered collection receptacles in this
19 State, mail-back programs, and drug take-back events.
20 (b) Programs; drug overdose prevention.
21 (1) The Director may establish a program to provide for
22 the production and publication, in electronic and other
23 formats, of drug overdose prevention, recognition, and
24 response literature. The Director may develop and
25 disseminate curricula for use by professionals,
26 organizations, individuals, or committees interested in

HB0313 Enrolled- 29 -LRB100 04130 SMS 14135 b
1 the prevention of fatal and nonfatal drug overdose,
2 including, but not limited to, drug users, jail and prison
3 personnel, jail and prison inmates, drug treatment
4 professionals, emergency medical personnel, hospital
5 staff, families and associates of drug users, peace
6 officers, firefighters, public safety officers, needle
7 exchange program staff, and other persons. In addition to
8 information regarding drug overdose prevention,
9 recognition, and response, literature produced by the
10 Department shall stress that drug use remains illegal and
11 highly dangerous and that complete abstinence from illegal
12 drug use is the healthiest choice. The literature shall
13 provide information and resources for substance abuse
14 treatment.
15 The Director may establish or authorize programs for
16 prescribing, dispensing, or distributing opioid
17 antagonists for the treatment of drug overdose. Such
18 programs may include the prescribing of opioid antagonists
19 for the treatment of drug overdose to a person who is not
20 at risk of opioid overdose but who, in the judgment of the
21 health care professional, may be in a position to assist
22 another individual during an opioid-related drug overdose
23 and who has received basic instruction on how to administer
24 an opioid antagonist.
25 (2) The Director may provide advice to State and local
26 officials on the growing drug overdose crisis, including

HB0313 Enrolled- 30 -LRB100 04130 SMS 14135 b
1 the prevalence of drug overdose incidents, programs
2 promoting the disposal of unused prescription drugs,
3 trends in drug overdose incidents, and solutions to the
4 drug overdose crisis.
5 (c) Grants.
6 (1) The Director may award grants, in accordance with
7 this subsection, to create or support local drug overdose
8 prevention, recognition, and response projects. Local
9 health departments, correctional institutions, hospitals,
10 universities, community-based organizations, and
11 faith-based organizations may apply to the Department for a
12 grant under this subsection at the time and in the manner
13 the Director prescribes.
14 (2) In awarding grants, the Director shall consider the
15 necessity for overdose prevention projects in various
16 settings and shall encourage all grant applicants to
17 develop interventions that will be effective and viable in
18 their local areas.
19 (3) The Director shall give preference for grants to
20 proposals that, in addition to providing life-saving
21 interventions and responses, provide information to drug
22 users on how to access drug treatment or other strategies
23 for abstaining from illegal drugs. The Director shall give
24 preference to proposals that include one or more of the
25 following elements:
26 (A) Policies and projects to encourage persons,

HB0313 Enrolled- 31 -LRB100 04130 SMS 14135 b
1 including drug users, to call 911 when they witness a
2 potentially fatal drug overdose.
3 (B) Drug overdose prevention, recognition, and
4 response education projects in drug treatment centers,
5 outreach programs, and other organizations that work
6 with, or have access to, drug users and their families
7 and communities.
8 (C) Drug overdose recognition and response
9 training, including rescue breathing, in drug
10 treatment centers and for other organizations that
11 work with, or have access to, drug users and their
12 families and communities.
13 (D) The production and distribution of targeted or
14 mass media materials on drug overdose prevention and
15 response, the potential dangers of keeping unused
16 prescription drugs in the home, and methods to properly
17 dispose of unused prescription drugs.
18 (E) Prescription and distribution of opioid
19 antagonists.
20 (F) The institution of education and training
21 projects on drug overdose response and treatment for
22 emergency services and law enforcement personnel.
23 (G) A system of parent, family, and survivor
24 education and mutual support groups.
25 (4) In addition to moneys appropriated by the General
26 Assembly, the Director may seek grants from private

HB0313 Enrolled- 32 -LRB100 04130 SMS 14135 b
1 foundations, the federal government, and other sources to
2 fund the grants under this Section and to fund an
3 evaluation of the programs supported by the grants.
4 (d) Health care professional prescription of opioid
5antagonists.
6 (1) A health care professional who, acting in good
7 faith, directly or by standing order, prescribes or
8 dispenses an opioid antagonist to: (a) a patient who, in
9 the judgment of the health care professional, is capable of
10 administering the drug in an emergency, or (b) a person who
11 is not at risk of opioid overdose but who, in the judgment
12 of the health care professional, may be in a position to
13 assist another individual during an opioid-related drug
14 overdose and who has received basic instruction on how to
15 administer an opioid antagonist shall not, as a result of
16 his or her acts or omissions, be subject to: (i) any
17 disciplinary or other adverse action under the Medical
18 Practice Act of 1987, the Physician Assistant Practice Act
19 of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
20 or any other professional licensing statute or (ii) any
21 criminal liability, except for willful and wanton
22 misconduct.
23 (2) A person who is not otherwise licensed to
24 administer an opioid antagonist may in an emergency
25 administer without fee an opioid antagonist if the person
26 has received the patient information specified in

HB0313 Enrolled- 33 -LRB100 04130 SMS 14135 b
1 paragraph (4) of this subsection and believes in good faith
2 that another person is experiencing a drug overdose. The
3 person shall not, as a result of his or her acts or
4 omissions, be (i) liable for any violation of the Medical
5 Practice Act of 1987, the Physician Assistant Practice Act
6 of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
7 or any other professional licensing statute, or (ii)
8 subject to any criminal prosecution or civil liability,
9 except for willful and wanton misconduct.
10 (3) A health care professional prescribing an opioid
11 antagonist to a patient shall ensure that the patient
12 receives the patient information specified in paragraph
13 (4) of this subsection. Patient information may be provided
14 by the health care professional or a community-based
15 organization, substance abuse program, or other
16 organization with which the health care professional
17 establishes a written agreement that includes a
18 description of how the organization will provide patient
19 information, how employees or volunteers providing
20 information will be trained, and standards for documenting
21 the provision of patient information to patients.
22 Provision of patient information shall be documented in the
23 patient's medical record or through similar means as
24 determined by agreement between the health care
25 professional and the organization. The Director of the
26 Division of Alcoholism and Substance Abuse, in

HB0313 Enrolled- 34 -LRB100 04130 SMS 14135 b
1 consultation with statewide organizations representing
2 physicians, pharmacists, advanced practice registered
3 nurses, physician assistants, substance abuse programs,
4 and other interested groups, shall develop and disseminate
5 to health care professionals, community-based
6 organizations, substance abuse programs, and other
7 organizations training materials in video, electronic, or
8 other formats to facilitate the provision of such patient
9 information.
10 (4) For the purposes of this subsection:
11 "Opioid antagonist" means a drug that binds to opioid
12 receptors and blocks or inhibits the effect of opioids
13 acting on those receptors, including, but not limited to,
14 naloxone hydrochloride or any other similarly acting drug
15 approved by the U.S. Food and Drug Administration.
16 "Health care professional" means a physician licensed
17 to practice medicine in all its branches, a licensed
18 physician assistant with prescriptive authority, a
19 licensed advanced practice registered nurse with
20 prescriptive authority, an advanced practice registered
21 nurse or physician assistant who practices in a hospital,
22 hospital affiliate, or ambulatory surgical treatment
23 center and possesses appropriate clinical privileges in
24 accordance with the Nurse Practice Act, or a pharmacist
25 licensed to practice pharmacy under the Pharmacy Practice
26 Act.

HB0313 Enrolled- 35 -LRB100 04130 SMS 14135 b
1 "Patient" includes a person who is not at risk of
2 opioid overdose but who, in the judgment of the physician,
3 advanced practice registered nurse, or physician
4 assistant, may be in a position to assist another
5 individual during an overdose and who has received patient
6 information as required in paragraph (2) of this subsection
7 on the indications for and administration of an opioid
8 antagonist.
9 "Patient information" includes information provided to
10 the patient on drug overdose prevention and recognition;
11 how to perform rescue breathing and resuscitation; opioid
12 antagonist dosage and administration; the importance of
13 calling 911; care for the overdose victim after
14 administration of the overdose antagonist; and other
15 issues as necessary.
16 (e) Drug overdose response policy.
17 (1) Every State and local government agency that
18 employs a law enforcement officer or fireman as those terms
19 are defined in the Line of Duty Compensation Act must
20 possess opioid antagonists and must establish a policy to
21 control the acquisition, storage, transportation, and
22 administration of such opioid antagonists and to provide
23 training in the administration of opioid antagonists. A
24 State or local government agency that employs a fireman as
25 defined in the Line of Duty Compensation Act but does not
26 respond to emergency medical calls or provide medical

HB0313 Enrolled- 36 -LRB100 04130 SMS 14135 b
1 services shall be exempt from this subsection.
2 (2) Every publicly or privately owned ambulance,
3 special emergency medical services vehicle, non-transport
4 vehicle, or ambulance assist vehicle, as described in the
5 Emergency Medical Services (EMS) Systems Act, which
6 responds to requests for emergency services or transports
7 patients between hospitals in emergency situations must
8 possess opioid antagonists.
9 (3) Entities that are required under paragraphs (1) and
10 (2) to possess opioid antagonists may also apply to the
11 Department for a grant to fund the acquisition of opioid
12 antagonists and training programs on the administration of
13 opioid antagonists.
14(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
1599-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)
16 Section 30. The Department of Central Management Services
17Law of the Civil Administrative Code of Illinois is amended by
18changing Section 405-105 as follows:
19 (20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
20 Sec. 405-105. Fidelity, surety, property, and casualty
21insurance. The Department shall establish and implement a
22program to coordinate the handling of all fidelity, surety,
23property, and casualty insurance exposures of the State and the
24departments, divisions, agencies, branches, and universities

HB0313 Enrolled- 37 -LRB100 04130 SMS 14135 b
1of the State. In performing this responsibility, the Department
2shall have the power and duty to do the following:
3 (1) Develop and maintain loss and exposure data on all
4 State property.
5 (2) Study the feasibility of establishing a
6 self-insurance plan for State property and prepare
7 estimates of the costs of reinsurance for risks beyond the
8 realistic limits of the self-insurance.
9 (3) Prepare a plan for centralizing the purchase of
10 property and casualty insurance on State property under a
11 master policy or policies and purchase the insurance
12 contracted for as provided in the Illinois Purchasing Act.
13 (4) Evaluate existing provisions for fidelity bonds
14 required of State employees and recommend changes that are
15 appropriate commensurate with risk experience and the
16 determinations respecting self-insurance or reinsurance so
17 as to permit reduction of costs without loss of coverage.
18 (5) Investigate procedures for inclusion of school
19 districts, public community college districts, and other
20 units of local government in programs for the centralized
21 purchase of insurance.
22 (6) Implement recommendations of the State Property
23 Insurance Study Commission that the Department finds
24 necessary or desirable in the performance of its powers and
25 duties under this Section to achieve efficient and
26 comprehensive risk management.

HB0313 Enrolled- 38 -LRB100 04130 SMS 14135 b
1 (7) Prepare and, in the discretion of the Director,
2 implement a plan providing for the purchase of public
3 liability insurance or for self-insurance for public
4 liability or for a combination of purchased insurance and
5 self-insurance for public liability (i) covering the State
6 and drivers of motor vehicles owned, leased, or controlled
7 by the State of Illinois pursuant to the provisions and
8 limitations contained in the Illinois Vehicle Code, (ii)
9 covering other public liability exposures of the State and
10 its employees within the scope of their employment, and
11 (iii) covering drivers of motor vehicles not owned, leased,
12 or controlled by the State but used by a State employee on
13 State business, in excess of liability covered by an
14 insurance policy obtained by the owner of the motor vehicle
15 or in excess of the dollar amounts that the Department
16 shall determine to be reasonable. Any contract of insurance
17 let under this Law shall be by bid in accordance with the
18 procedure set forth in the Illinois Purchasing Act. Any
19 provisions for self-insurance shall conform to subdivision
20 (11).
21 The term "employee" as used in this subdivision (7) and
22 in subdivision (11) means a person while in the employ of
23 the State who is a member of the staff or personnel of a
24 State agency, bureau, board, commission, committee,
25 department, university, or college or who is a State
26 officer, elected official, commissioner, member of or ex

HB0313 Enrolled- 39 -LRB100 04130 SMS 14135 b
1 officio member of a State agency, bureau, board,
2 commission, committee, department, university, or college,
3 or a member of the National Guard while on active duty
4 pursuant to orders of the Governor of the State of
5 Illinois, or any other person while using a licensed motor
6 vehicle owned, leased, or controlled by the State of
7 Illinois with the authorization of the State of Illinois,
8 provided the actual use of the motor vehicle is within the
9 scope of that authorization and within the course of State
10 service.
11 Subsequent to payment of a claim on behalf of an
12 employee pursuant to this Section and after reasonable
13 advance written notice to the employee, the Director may
14 exclude the employee from future coverage or limit the
15 coverage under the plan if (i) the Director determines that
16 the claim resulted from an incident in which the employee
17 was grossly negligent or had engaged in willful and wanton
18 misconduct or (ii) the Director determines that the
19 employee is no longer an acceptable risk based on a review
20 of prior accidents in which the employee was at fault and
21 for which payments were made pursuant to this Section.
22 The Director is authorized to promulgate
23 administrative rules that may be necessary to establish and
24 administer the plan.
25 Appropriations from the Road Fund shall be used to pay
26 auto liability claims and related expenses involving

HB0313 Enrolled- 40 -LRB100 04130 SMS 14135 b
1 employees of the Department of Transportation, the
2 Illinois State Police, and the Secretary of State.
3 (8) Charge, collect, and receive from all other
4 agencies of the State government fees or monies equivalent
5 to the cost of purchasing the insurance.
6 (9) Establish, through the Director, charges for risk
7 management services rendered to State agencies by the
8 Department. The State agencies so charged shall reimburse
9 the Department by vouchers drawn against their respective
10 appropriations. The reimbursement shall be determined by
11 the Director as amounts sufficient to reimburse the
12 Department for expenditures incurred in rendering the
13 service.
14 The Department shall charge the employing State agency
15 or university for workers' compensation payments for
16 temporary total disability paid to any employee after the
17 employee has received temporary total disability payments
18 for 120 days if the employee's treating physician, advanced
19 practice registered nurse, or physician assistant has
20 issued a release to return to work with restrictions and
21 the employee is able to perform modified duty work but the
22 employing State agency or university does not return the
23 employee to work at modified duty. Modified duty shall be
24 duties assigned that may or may not be delineated as part
25 of the duties regularly performed by the employee. Modified
26 duties shall be assigned within the prescribed

HB0313 Enrolled- 41 -LRB100 04130 SMS 14135 b
1 restrictions established by the treating physician and the
2 physician who performed the independent medical
3 examination. The amount of all reimbursements shall be
4 deposited into the Workers' Compensation Revolving Fund
5 which is hereby created as a revolving fund in the State
6 treasury. In addition to any other purpose authorized by
7 law, moneys in the Fund shall be used, subject to
8 appropriation, to pay these or other temporary total
9 disability claims of employees of State agencies and
10 universities.
11 Beginning with fiscal year 1996, all amounts recovered
12 by the Department through subrogation in workers'
13 compensation and workers' occupational disease cases shall
14 be deposited into the Workers' Compensation Revolving Fund
15 created under this subdivision (9).
16 (10) Establish rules, procedures, and forms to be used
17 by State agencies in the administration and payment of
18 workers' compensation claims. For claims filed prior to
19 July 1, 2013, the Department shall initially evaluate and
20 determine the compensability of any injury that is the
21 subject of a workers' compensation claim and provide for
22 the administration and payment of such a claim for all
23 State agencies. For claims filed on or after July 1, 2013,
24 the Department shall retain responsibility for certain
25 administrative payments including, but not limited to,
26 payments to the private vendor contracted to perform

HB0313 Enrolled- 42 -LRB100 04130 SMS 14135 b
1 services under subdivision (10b) of this Section, payments
2 related to travel expenses for employees of the Office of
3 the Attorney General, and payments to internal Department
4 staff responsible for the oversight and management of any
5 contract awarded pursuant to subdivision (10b) of this
6 Section. Through December 31, 2012, the Director may
7 delegate to any agency with the agreement of the agency
8 head the responsibility for evaluation, administration,
9 and payment of that agency's claims. Neither the Department
10 nor the private vendor contracted to perform services under
11 subdivision (10b) of this Section shall be responsible for
12 providing workers' compensation services to the Illinois
13 State Toll Highway Authority or to State universities that
14 maintain self-funded workers' compensation liability
15 programs.
16 (10a) By April 1 of each year prior to calendar year
17 2013, the Director must report and provide information to
18 the State Workers' Compensation Program Advisory Board
19 concerning the status of the State workers' compensation
20 program for the next fiscal year. Information that the
21 Director must provide to the State Workers' Compensation
22 Program Advisory Board includes, but is not limited to,
23 documents, reports of negotiations, bid invitations,
24 requests for proposals, specifications, copies of proposed
25 and final contracts or agreements, and any other materials
26 concerning contracts or agreements for the program. By the

HB0313 Enrolled- 43 -LRB100 04130 SMS 14135 b
1 first of each month prior to calendar year 2013, the
2 Director must provide updated, and any new, information to
3 the State Workers' Compensation Program Advisory Board
4 until the State workers' compensation program for the next
5 fiscal year is determined.
6 (10b) No later than January 1, 2013, the chief
7 procurement officer appointed under paragraph (4) of
8 subsection (a) of Section 10-20 of the Illinois Procurement
9 Code (hereinafter "chief procurement officer"), in
10 consultation with the Department of Central Management
11 Services, shall procure one or more private vendors to
12 administer the program providing payments for workers'
13 compensation liability with respect to the employees of all
14 State agencies. The chief procurement officer may procure a
15 single contract applicable to all State agencies or
16 multiple contracts applicable to one or more State
17 agencies. If the chief procurement officer procures a
18 single contract applicable to all State agencies, then the
19 Department of Central Management Services shall be
20 designated as the agency that enters into the contract and
21 shall be responsible for the contract. If the chief
22 procurement officer procures multiple contracts applicable
23 to one or more State agencies, each agency to which the
24 contract applies shall be designated as the agency that
25 shall enter into the contract and shall be responsible for
26 the contract. If the chief procurement officer procures

HB0313 Enrolled- 44 -LRB100 04130 SMS 14135 b
1 contracts applicable to an individual State agency, the
2 agency subject to the contract shall be designated as the
3 agency responsible for the contract.
4 (10c) The procurement of private vendors for the
5 administration of the workers' compensation program for
6 State employees is subject to the provisions of the
7 Illinois Procurement Code and administration by the chief
8 procurement officer.
9 (10d) Contracts for the procurement of private vendors
10 for the administration of the workers' compensation
11 program for State employees shall be based upon, but
12 limited to, the following criteria: (i) administrative
13 cost, (ii) service capabilities of the vendor, and (iii)
14 the compensation (including premiums, fees, or other
15 charges). A vendor for the administration of the workers'
16 compensation program for State employees shall provide
17 services, including, but not limited to:
18 (A) providing a web-based case management system
19 and provide access to the Office of the Attorney
20 General;
21 (B) ensuring claims adjusters are available to
22 provide testimony or information as requested by the
23 Office of the Attorney General;
24 (C) establishing a preferred provider program for
25 all State agencies and facilities; and
26 (D) authorizing the payment of medical bills at the

HB0313 Enrolled- 45 -LRB100 04130 SMS 14135 b
1 preferred provider discount rate.
2 (10e) By September 15, 2012, the Department of Central
3 Management Services shall prepare a plan to effectuate the
4 transfer of responsibility and administration of the
5 workers' compensation program for State employees to the
6 selected private vendors. The Department shall submit a
7 copy of the plan to the General Assembly.
8 (11) Any plan for public liability self-insurance
9 implemented under this Section shall provide that (i) the
10 Department shall attempt to settle and may settle any
11 public liability claim filed against the State of Illinois
12 or any public liability claim filed against a State
13 employee on the basis of an occurrence in the course of the
14 employee's State employment; (ii) any settlement of such a
15 claim is not subject to fiscal year limitations and must be
16 approved by the Director and, in cases of settlements
17 exceeding $100,000, by the Governor; and (iii) a settlement
18 of any public liability claim against the State or a State
19 employee shall require an unqualified release of any right
20 of action against the State and the employee for acts
21 within the scope of the employee's employment giving rise
22 to the claim.
23 Whenever and to the extent that a State employee
24 operates a motor vehicle or engages in other activity
25 covered by self-insurance under this Section, the State of
26 Illinois shall defend, indemnify, and hold harmless the

HB0313 Enrolled- 46 -LRB100 04130 SMS 14135 b
1 employee against any claim in tort filed against the
2 employee for acts or omissions within the scope of the
3 employee's employment in any proper judicial forum and not
4 settled pursuant to this subdivision (11), provided that
5 this obligation of the State of Illinois shall not exceed a
6 maximum liability of $2,000,000 for any single occurrence
7 in connection with the operation of a motor vehicle or
8 $100,000 per person per occurrence for any other single
9 occurrence, or $500,000 for any single occurrence in
10 connection with the provision of medical care by a licensed
11 physician, advanced practice registered nurse, or
12 physician assistant employee.
13 Any claims against the State of Illinois under a
14 self-insurance plan that are not settled pursuant to this
15 subdivision (11) shall be heard and determined by the Court
16 of Claims and may not be filed or adjudicated in any other
17 forum. The Attorney General of the State of Illinois or the
18 Attorney General's designee shall be the attorney with
19 respect to all public liability self-insurance claims that
20 are not settled pursuant to this subdivision (11) and
21 therefore result in litigation. The payment of any award of
22 the Court of Claims entered against the State relating to
23 any public liability self-insurance claim shall act as a
24 release against any State employee involved in the
25 occurrence.
26 (12) Administer a plan the purpose of which is to make

HB0313 Enrolled- 47 -LRB100 04130 SMS 14135 b
1 payments on final settlements or final judgments in
2 accordance with the State Employee Indemnification Act.
3 The plan shall be funded through appropriations from the
4 General Revenue Fund specifically designated for that
5 purpose, except that indemnification expenses for
6 employees of the Department of Transportation, the
7 Illinois State Police, and the Secretary of State shall be
8 paid from the Road Fund. The term "employee" as used in
9 this subdivision (12) has the same meaning as under
10 subsection (b) of Section 1 of the State Employee
11 Indemnification Act. Subject to sufficient appropriation,
12 the Director shall approve payment of any claim, without
13 regard to fiscal year limitations, presented to the
14 Director that is supported by a final settlement or final
15 judgment when the Attorney General and the chief officer of
16 the public body against whose employee the claim or cause
17 of action is asserted certify to the Director that the
18 claim is in accordance with the State Employee
19 Indemnification Act and that they approve of the payment.
20 In no event shall an amount in excess of $150,000 be paid
21 from this plan to or for the benefit of any claimant.
22 (13) Administer a plan the purpose of which is to make
23 payments on final settlements or final judgments for
24 employee wage claims in situations where there was an
25 appropriation relevant to the wage claim, the fiscal year
26 and lapse period have expired, and sufficient funds were

HB0313 Enrolled- 48 -LRB100 04130 SMS 14135 b
1 available to pay the claim. The plan shall be funded
2 through appropriations from the General Revenue Fund
3 specifically designated for that purpose.
4 Subject to sufficient appropriation, the Director is
5 authorized to pay any wage claim presented to the Director
6 that is supported by a final settlement or final judgment
7 when the chief officer of the State agency employing the
8 claimant certifies to the Director that the claim is a
9 valid wage claim and that the fiscal year and lapse period
10 have expired. Payment for claims that are properly
11 submitted and certified as valid by the Director shall
12 include interest accrued at the rate of 7% per annum from
13 the forty-fifth day after the claims are received by the
14 Department or 45 days from the date on which the amount of
15 payment is agreed upon, whichever is later, until the date
16 the claims are submitted to the Comptroller for payment.
17 When the Attorney General has filed an appearance in any
18 proceeding concerning a wage claim settlement or judgment,
19 the Attorney General shall certify to the Director that the
20 wage claim is valid before any payment is made. In no event
21 shall an amount in excess of $150,000 be paid from this
22 plan to or for the benefit of any claimant.
23 Nothing in Public Act 84-961 shall be construed to
24 affect in any manner the jurisdiction of the Court of
25 Claims concerning wage claims made against the State of
26 Illinois.

HB0313 Enrolled- 49 -LRB100 04130 SMS 14135 b
1 (14) Prepare and, in the discretion of the Director,
2 implement a program for self-insurance for official
3 fidelity and surety bonds for officers and employees as
4 authorized by the Official Bond Act.
5(Source: P.A. 99-581, eff. 1-1-17.)
6 Section 35. The Regional Integrated Behavioral Health
7Networks Act is amended by changing Section 20 as follows:
8 (20 ILCS 1340/20)
9 Sec. 20. Steering Committee and Networks.
10 (a) To achieve these goals, the Department of Human
11Services shall convene a Regional Integrated Behavioral Health
12Networks Steering Committee (hereinafter "Steering Committee")
13comprised of State agencies involved in the provision,
14regulation, or financing of health, mental health, substance
15abuse, rehabilitation, and other services. These include, but
16shall not be limited to, the following agencies:
17 (1) The Department of Healthcare and Family Services.
18 (2) The Department of Human Services and its Divisions
19 of Mental Illness and Alcoholism and Substance Abuse
20 Services.
21 (3) The Department of Public Health, including its
22 Center for Rural Health.
23 The Steering Committee shall include a representative from
24each Network. The agencies of the Steering Committee are

HB0313 Enrolled- 50 -LRB100 04130 SMS 14135 b
1directed to work collaboratively to provide consultation,
2advice, and leadership to the Networks in facilitating
3communication within and across multiple agencies and in
4removing regulatory barriers that may prevent Networks from
5accomplishing the goals. The Steering Committee collectively
6or through one of its member Agencies shall also provide
7technical assistance to the Networks.
8 (b) There also shall be convened Networks in each of the
9Department of Human Services' regions comprised of
10representatives of community stakeholders represented in the
11Network, including when available, but not limited to, relevant
12trade and professional associations representing hospitals,
13community providers, public health care, hospice care, long
14term care, law enforcement, emergency medical service,
15physicians, advanced practice registered nurses, and physician
16assistants trained in psychiatry; an organization that
17advocates on behalf of federally qualified health centers, an
18organization that advocates on behalf of persons suffering with
19mental illness and substance abuse disorders, an organization
20that advocates on behalf of persons with disabilities, an
21organization that advocates on behalf of persons who live in
22rural areas, an organization that advocates on behalf of
23persons who live in medically underserved areas; and others
24designated by the Steering Committee or the Networks. A member
25from each Network may choose a representative who may serve on
26the Steering Committee.

HB0313 Enrolled- 51 -LRB100 04130 SMS 14135 b
1(Source: P.A. 99-581, eff. 1-1-17.)
2 Section 40. The Mental Health and Developmental
3Disabilities Administrative Act is amended by changing
4Sections 5.1, 14, and 15.4 as follows:
5 (20 ILCS 1705/5.1) (from Ch. 91 1/2, par. 100-5.1)
6 Sec. 5.1. The Department shall develop, by rule, the
7procedures and standards by which it shall approve medications
8for clinical use in its facilities. A list of those drugs
9approved pursuant to these procedures shall be distributed to
10all Department facilities.
11 Drugs not listed by the Department may not be administered
12in facilities under the jurisdiction of the Department,
13provided that an unlisted drug may be administered as part of
14research with the prior written consent of the Secretary
15specifying the nature of the permitted use and the physicians
16authorized to prescribe the drug. Drugs, as used in this
17Section, mean psychotropic and narcotic drugs.
18 No physician, advanced practice registered nurse, or
19physician assistant in the Department shall sign a prescription
20in blank, nor permit blank prescription forms to circulate out
21of his possession or control.
22(Source: P.A. 99-581, eff. 1-1-17.)
23 (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)

HB0313 Enrolled- 52 -LRB100 04130 SMS 14135 b
1 Sec. 14. Chester Mental Health Center. To maintain and
2operate a facility for the care, custody, and treatment of
3persons with mental illness or habilitation of persons with
4developmental disabilities hereinafter designated, to be known
5as the Chester Mental Health Center.
6 Within the Chester Mental Health Center there shall be
7confined the following classes of persons, whose history, in
8the opinion of the Department, discloses dangerous or violent
9tendencies and who, upon examination under the direction of the
10Department, have been found a fit subject for confinement in
11that facility:
12 (a) Any male person who is charged with the commission
13 of a crime but has been acquitted by reason of insanity as
14 provided in Section 5-2-4 of the Unified Code of
15 Corrections.
16 (b) Any male person who is charged with the commission
17 of a crime but has been found unfit under Article 104 of
18 the Code of Criminal Procedure of 1963.
19 (c) Any male person with mental illness or
20 developmental disabilities or person in need of mental
21 treatment now confined under the supervision of the
22 Department or hereafter admitted to any facility thereof or
23 committed thereto by any court of competent jurisdiction.
24 If and when it shall appear to the facility director of the
25Chester Mental Health Center that it is necessary to confine
26persons in order to maintain security or provide for the

HB0313 Enrolled- 53 -LRB100 04130 SMS 14135 b
1protection and safety of recipients and staff, the Chester
2Mental Health Center may confine all persons on a unit to their
3rooms. This period of confinement shall not exceed 10 hours in
4a 24 hour period, including the recipient's scheduled hours of
5sleep, unless approved by the Secretary of the Department.
6During the period of confinement, the persons confined shall be
7observed at least every 15 minutes. A record shall be kept of
8the observations. This confinement shall not be considered
9seclusion as defined in the Mental Health and Developmental
10Disabilities Code.
11 The facility director of the Chester Mental Health Center
12may authorize the temporary use of handcuffs on a recipient for
13a period not to exceed 10 minutes when necessary in the course
14of transport of the recipient within the facility to maintain
15custody or security. Use of handcuffs is subject to the
16provisions of Section 2-108 of the Mental Health and
17Developmental Disabilities Code. The facility shall keep a
18monthly record listing each instance in which handcuffs are
19used, circumstances indicating the need for use of handcuffs,
20and time of application of handcuffs and time of release
21therefrom. The facility director shall allow the Illinois
22Guardianship and Advocacy Commission, the agency designated by
23the Governor under Section 1 of the Protection and Advocacy for
24Persons with Developmental Disabilities Act, and the
25Department to examine and copy such record upon request.
26 The facility director of the Chester Mental Health Center

HB0313 Enrolled- 54 -LRB100 04130 SMS 14135 b
1may authorize the temporary use of transport devices on a civil
2recipient when necessary in the course of transport of the
3civil recipient outside the facility to maintain custody or
4security. The decision whether to use any transport devices
5shall be reviewed and approved on an individualized basis by a
6physician, an advanced practice registered nurse, or a
7physician assistant based upon a determination of the civil
8recipient's: (1) history of violence, (2) history of violence
9during transports, (3) history of escapes and escape attempts,
10(4) history of trauma, (5) history of incidents of restraint or
11seclusion and use of involuntary medication, (6) current
12functioning level and medical status, and (7) prior experience
13during similar transports, and the length, duration, and
14purpose of the transport. The least restrictive transport
15device consistent with the individual's need shall be used.
16Staff transporting the individual shall be trained in the use
17of the transport devices, recognizing and responding to a
18person in distress, and shall observe and monitor the
19individual while being transported. The facility shall keep a
20monthly record listing all transports, including those
21transports for which use of transport devices was not sought,
22those for which use of transport devices was sought but denied,
23and each instance in which transport devices are used,
24circumstances indicating the need for use of transport devices,
25time of application of transport devices, time of release from
26those devices, and any adverse events. The facility director

HB0313 Enrolled- 55 -LRB100 04130 SMS 14135 b
1shall allow the Illinois Guardianship and Advocacy Commission,
2the agency designated by the Governor under Section 1 of the
3Protection and Advocacy for Persons with Developmental
4Disabilities Act, and the Department to examine and copy the
5record upon request. This use of transport devices shall not be
6considered restraint as defined in the Mental Health and
7Developmental Disabilities Code. For the purpose of this
8Section "transport device" means ankle cuffs, handcuffs, waist
9chains or wrist-waist devices designed to restrict an
10individual's range of motion while being transported. These
11devices must be approved by the Division of Mental Health, used
12in accordance with the manufacturer's instructions, and used
13only by qualified staff members who have completed all training
14required to be eligible to transport patients and all other
15required training relating to the safe use and application of
16transport devices, including recognizing and responding to
17signs of distress in an individual whose movement is being
18restricted by a transport device.
19 If and when it shall appear to the satisfaction of the
20Department that any person confined in the Chester Mental
21Health Center is not or has ceased to be such a source of
22danger to the public as to require his subjection to the
23regimen of the center, the Department is hereby authorized to
24transfer such person to any State facility for treatment of
25persons with mental illness or habilitation of persons with
26developmental disabilities, as the nature of the individual

HB0313 Enrolled- 56 -LRB100 04130 SMS 14135 b
1case may require.
2 Subject to the provisions of this Section, the Department,
3except where otherwise provided by law, shall, with respect to
4the management, conduct and control of the Chester Mental
5Health Center and the discipline, custody and treatment of the
6persons confined therein, have and exercise the same rights and
7powers as are vested by law in the Department with respect to
8any and all of the State facilities for treatment of persons
9with mental illness or habilitation of persons with
10developmental disabilities, and the recipients thereof, and
11shall be subject to the same duties as are imposed by law upon
12the Department with respect to such facilities and the
13recipients thereof.
14 The Department may elect to place persons who have been
15ordered by the court to be detained under the Sexually Violent
16Persons Commitment Act in a distinct portion of the Chester
17Mental Health Center. The persons so placed shall be separated
18and shall not comingle with the recipients of the Chester
19Mental Health Center. The portion of Chester Mental Health
20Center that is used for the persons detained under the Sexually
21Violent Persons Commitment Act shall not be a part of the
22mental health facility for the enforcement and implementation
23of the Mental Health and Developmental Disabilities Code nor
24shall their care and treatment be subject to the provisions of
25the Mental Health and Developmental Disabilities Code. The
26changes added to this Section by this amendatory Act of the

HB0313 Enrolled- 57 -LRB100 04130 SMS 14135 b
198th General Assembly are inoperative on and after June 30,
22015.
3(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13;
498-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-581, eff.
51-1-17.)
6 (20 ILCS 1705/15.4)
7 Sec. 15.4. Authorization for nursing delegation to permit
8direct care staff to administer medications.
9 (a) This Section applies to (i) all programs for persons
10with a developmental disability in settings of 16 persons or
11fewer that are funded or licensed by the Department of Human
12Services and that distribute or administer medications and (ii)
13all intermediate care facilities for persons with
14developmental disabilities with 16 beds or fewer that are
15licensed by the Department of Public Health. The Department of
16Human Services shall develop a training program for authorized
17direct care staff to administer medications under the
18supervision and monitoring of a registered professional nurse.
19This training program shall be developed in consultation with
20professional associations representing (i) physicians licensed
21to practice medicine in all its branches, (ii) registered
22professional nurses, and (iii) pharmacists.
23 (b) For the purposes of this Section:
24 "Authorized direct care staff" means non-licensed persons
25who have successfully completed a medication administration

HB0313 Enrolled- 58 -LRB100 04130 SMS 14135 b
1training program approved by the Department of Human Services
2and conducted by a nurse-trainer. This authorization is
3specific to an individual receiving service in a specific
4agency and does not transfer to another agency.
5 "Medications" means oral and topical medications, insulin
6in an injectable form, oxygen, epinephrine auto-injectors, and
7vaginal and rectal creams and suppositories. "Oral" includes
8inhalants and medications administered through enteral tubes,
9utilizing aseptic technique. "Topical" includes eye, ear, and
10nasal medications. Any controlled substances must be packaged
11specifically for an identified individual.
12 "Insulin in an injectable form" means a subcutaneous
13injection via an insulin pen pre-filled by the manufacturer.
14Authorized direct care staff may administer insulin, as ordered
15by a physician, advanced practice registered nurse, or
16physician assistant, if: (i) the staff has successfully
17completed a Department-approved advanced training program
18specific to insulin administration developed in consultation
19with professional associations listed in subsection (a) of this
20Section, and (ii) the staff consults with the registered nurse,
21prior to administration, of any insulin dose that is determined
22based on a blood glucose test result. The authorized direct
23care staff shall not: (i) calculate the insulin dosage needed
24when the dose is dependent upon a blood glucose test result, or
25(ii) administer insulin to individuals who require blood
26glucose monitoring greater than 3 times daily, unless directed

HB0313 Enrolled- 59 -LRB100 04130 SMS 14135 b
1to do so by the registered nurse.
2 "Nurse-trainer training program" means a standardized,
3competency-based medication administration train-the-trainer
4program provided by the Department of Human Services and
5conducted by a Department of Human Services master
6nurse-trainer for the purpose of training nurse-trainers to
7train persons employed or under contract to provide direct care
8or treatment to individuals receiving services to administer
9medications and provide self-administration of medication
10training to individuals under the supervision and monitoring of
11the nurse-trainer. The program incorporates adult learning
12styles, teaching strategies, classroom management, and a
13curriculum overview, including the ethical and legal aspects of
14supervising those administering medications.
15 "Self-administration of medications" means an individual
16administers his or her own medications. To be considered
17capable to self-administer their own medication, individuals
18must, at a minimum, be able to identify their medication by
19size, shape, or color, know when they should take the
20medication, and know the amount of medication to be taken each
21time.
22 "Training program" means a standardized medication
23administration training program approved by the Department of
24Human Services and conducted by a registered professional nurse
25for the purpose of training persons employed or under contract
26to provide direct care or treatment to individuals receiving

HB0313 Enrolled- 60 -LRB100 04130 SMS 14135 b
1services to administer medications and provide
2self-administration of medication training to individuals
3under the delegation and supervision of a nurse-trainer. The
4program incorporates adult learning styles, teaching
5strategies, classroom management, curriculum overview,
6including ethical-legal aspects, and standardized
7competency-based evaluations on administration of medications
8and self-administration of medication training programs.
9 (c) Training and authorization of non-licensed direct care
10staff by nurse-trainers must meet the requirements of this
11subsection.
12 (1) Prior to training non-licensed direct care staff to
13 administer medication, the nurse-trainer shall perform the
14 following for each individual to whom medication will be
15 administered by non-licensed direct care staff:
16 (A) An assessment of the individual's health
17 history and physical and mental status.
18 (B) An evaluation of the medications prescribed.
19 (2) Non-licensed authorized direct care staff shall
20 meet the following criteria:
21 (A) Be 18 years of age or older.
22 (B) Have completed high school or have a high
23 school equivalency certificate.
24 (C) Have demonstrated functional literacy.
25 (D) Have satisfactorily completed the Health and
26 Safety component of a Department of Human Services

HB0313 Enrolled- 61 -LRB100 04130 SMS 14135 b
1 authorized direct care staff training program.
2 (E) Have successfully completed the training
3 program, pass the written portion of the comprehensive
4 exam, and score 100% on the competency-based
5 assessment specific to the individual and his or her
6 medications.
7 (F) Have received additional competency-based
8 assessment by the nurse-trainer as deemed necessary by
9 the nurse-trainer whenever a change of medication
10 occurs or a new individual that requires medication
11 administration enters the program.
12 (3) Authorized direct care staff shall be re-evaluated
13 by a nurse-trainer at least annually or more frequently at
14 the discretion of the registered professional nurse. Any
15 necessary retraining shall be to the extent that is
16 necessary to ensure competency of the authorized direct
17 care staff to administer medication.
18 (4) Authorization of direct care staff to administer
19 medication shall be revoked if, in the opinion of the
20 registered professional nurse, the authorized direct care
21 staff is no longer competent to administer medication.
22 (5) The registered professional nurse shall assess an
23 individual's health status at least annually or more
24 frequently at the discretion of the registered
25 professional nurse.
26 (d) Medication self-administration shall meet the

HB0313 Enrolled- 62 -LRB100 04130 SMS 14135 b
1following requirements:
2 (1) As part of the normalization process, in order for
3 each individual to attain the highest possible level of
4 independent functioning, all individuals shall be
5 permitted to participate in their total health care
6 program. This program shall include, but not be limited to,
7 individual training in preventive health and
8 self-medication procedures.
9 (A) Every program shall adopt written policies and
10 procedures for assisting individuals in obtaining
11 preventative health and self-medication skills in
12 consultation with a registered professional nurse,
13 advanced practice registered nurse, physician
14 assistant, or physician licensed to practice medicine
15 in all its branches.
16 (B) Individuals shall be evaluated to determine
17 their ability to self-medicate by the nurse-trainer
18 through the use of the Department's required,
19 standardized screening and assessment instruments.
20 (C) When the results of the screening and
21 assessment indicate an individual not to be capable to
22 self-administer his or her own medications, programs
23 shall be developed in consultation with the Community
24 Support Team or Interdisciplinary Team to provide
25 individuals with self-medication administration.
26 (2) Each individual shall be presumed to be competent

HB0313 Enrolled- 63 -LRB100 04130 SMS 14135 b
1 to self-administer medications if:
2 (A) authorized by an order of a physician licensed
3 to practice medicine in all its branches, an advanced
4 practice registered nurse, or a physician assistant;
5 and
6 (B) approved to self-administer medication by the
7 individual's Community Support Team or
8 Interdisciplinary Team, which includes a registered
9 professional nurse or an advanced practice registered
10 nurse.
11 (e) Quality Assurance.
12 (1) A registered professional nurse, advanced practice
13 registered nurse, licensed practical nurse, physician
14 licensed to practice medicine in all its branches,
15 physician assistant, or pharmacist shall review the
16 following for all individuals:
17 (A) Medication orders.
18 (B) Medication labels, including medications
19 listed on the medication administration record for
20 persons who are not self-medicating to ensure the
21 labels match the orders issued by the physician
22 licensed to practice medicine in all its branches,
23 advanced practice registered nurse, or physician
24 assistant.
25 (C) Medication administration records for persons
26 who are not self-medicating to ensure that the records

HB0313 Enrolled- 64 -LRB100 04130 SMS 14135 b
1 are completed appropriately for:
2 (i) medication administered as prescribed;
3 (ii) refusal by the individual; and
4 (iii) full signatures provided for all
5 initials used.
6 (2) Reviews shall occur at least quarterly, but may be
7 done more frequently at the discretion of the registered
8 professional nurse or advanced practice registered nurse.
9 (3) A quality assurance review of medication errors and
10 data collection for the purpose of monitoring and
11 recommending corrective action shall be conducted within 7
12 days and included in the required annual review.
13 (f) Programs using authorized direct care staff to
14administer medications are responsible for documenting and
15maintaining records on the training that is completed.
16 (g) The absence of this training program constitutes a
17threat to the public interest, safety, and welfare and
18necessitates emergency rulemaking by the Departments of Human
19Services and Public Health under Section 5-45 of the Illinois
20Administrative Procedure Act.
21 (h) Direct care staff who fail to qualify for delegated
22authority to administer medications pursuant to the provisions
23of this Section shall be given additional education and testing
24to meet criteria for delegation authority to administer
25medications. Any direct care staff person who fails to qualify
26as an authorized direct care staff after initial training and

HB0313 Enrolled- 65 -LRB100 04130 SMS 14135 b
1testing must within 3 months be given another opportunity for
2retraining and retesting. A direct care staff person who fails
3to meet criteria for delegated authority to administer
4medication, including, but not limited to, failure of the
5written test on 2 occasions shall be given consideration for
6shift transfer or reassignment, if possible. No employee shall
7be terminated for failure to qualify during the 3-month time
8period following initial testing. Refusal to complete training
9and testing required by this Section may be grounds for
10immediate dismissal.
11 (i) No authorized direct care staff person delegated to
12administer medication shall be subject to suspension or
13discharge for errors resulting from the staff person's acts or
14omissions when performing the functions unless the staff
15person's actions or omissions constitute willful and wanton
16conduct. Nothing in this subsection is intended to supersede
17paragraph (4) of subsection (c).
18 (j) A registered professional nurse, advanced practice
19registered nurse, physician licensed to practice medicine in
20all its branches, or physician assistant shall be on duty or on
21call at all times in any program covered by this Section.
22 (k) The employer shall be responsible for maintaining
23liability insurance for any program covered by this Section.
24 (l) Any direct care staff person who qualifies as
25authorized direct care staff pursuant to this Section shall be
26granted consideration for a one-time additional salary

HB0313 Enrolled- 66 -LRB100 04130 SMS 14135 b
1differential. The Department shall determine and provide the
2necessary funding for the differential in the base. This
3subsection (l) is inoperative on and after June 30, 2000.
4(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; 99-78,
5eff. 7-20-15; 99-143, eff. 7-27-15; 99-581, eff. 1-1-17.)
6 Section 45. The Department of Professional Regulation Law
7of the Civil Administrative Code of Illinois is amended by
8changing Section 2105-17 as follows:
9 (20 ILCS 2105/2105-17)
10 Sec. 2105-17. Volunteer licenses.
11 (a) For the purposes of this Section:
12 "Health care professional" means a physician licensed
13under the Medical Practice Act of 1987, a dentist licensed
14under the Illinois Dental Practice Act, an optometrist licensed
15under the Illinois Optometric Practice Act of 1987, a physician
16assistant licensed under the Physician Assistant Practice Act
17of 1987, and a nurse or advanced practice registered nurse
18licensed under the Nurse Practice Act. The Department may
19expand this definition by rule.
20 "Volunteer practice" means the practice of a licensed
21health care professional for the benefit of an individual or
22the public and without compensation for the health care
23services provided.
24 (b) The Department may grant a volunteer license to a

HB0313 Enrolled- 67 -LRB100 04130 SMS 14135 b
1health care professional who:
2 (1) meets all requirements of the State licensing Act
3 that applies to his or her health care profession and the
4 rules adopted under the Act; and
5 (2) agrees to engage in the volunteer practice of his
6 or her health care profession in a free medical clinic, as
7 defined in the Good Samaritan Act, or in a public health
8 clinic, as defined in Section 6-101 of the Local
9 Governmental and Governmental Employees Tort Immunities
10 Act, and to not practice for compensation.
11 (c) A volunteer license shall be granted in accordance with
12the licensing Act that applies to the health care
13professional's given health care profession, and the licensure
14fee shall be set by rule in accordance with subsection (f).
15 (d) No health care professional shall hold a non-volunteer
16license in a health care profession and a volunteer license in
17that profession at the same time. In the event that the health
18care professional obtains a volunteer license in the profession
19for which he or she holds a non-volunteer license, that
20non-volunteer license shall automatically be placed in
21inactive status. In the event that a health care professional
22obtains a non-volunteer license in the profession for which he
23or she holds a volunteer license, the volunteer license shall
24be placed in inactive status. Practicing on an expired
25volunteer license constitutes the unlicensed practice of the
26health care professional's profession.

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1 (e) Nothing in this Section shall be construed to waive or
2modify any statute, rule, or regulation concerning the
3licensure or practice of any health care profession. A health
4care professional who holds a volunteer license shall be
5subject to all statutes, rules, and regulations governing his
6or her profession. The Department shall waive the licensure fee
7for the first 500 volunteer licenses issued and may by rule
8provide for a fee waiver or fee reduction that shall apply to
9all licenses issued after the initial 500.
10 (f) The Department shall determine by rule the total number
11of volunteer licenses to be issued. The Department shall file
12proposed rules implementing this Section within 6 months after
13the effective date of this amendatory Act of the 98th General
14Assembly.
15(Source: P.A. 98-659, eff. 6-23-14.)
16 Section 50. The Department of Public Health Act is amended
17by changing Sections 7 and 8.2 as follows:
18 (20 ILCS 2305/7) (from Ch. 111 1/2, par. 22.05)
19 Sec. 7. The Illinois Department of Public Health shall
20adopt rules requiring that upon death of a person who had or is
21suspected of having an infectious or communicable disease that
22could be transmitted through contact with the person's body or
23bodily fluids, the body shall be labeled "Infection Hazard", or
24with an equivalent term to inform persons having subsequent

HB0313 Enrolled- 69 -LRB100 04130 SMS 14135 b
1contact with the body, including any funeral director or
2embalmer, to take suitable precautions. Such rules shall
3require that the label shall be prominently displayed on and
4affixed to the outer wrapping or covering of the body if the
5body is wrapped or covered in any manner. Responsibility for
6such labeling shall lie with the attending physician, advanced
7practice registered nurse, or physician assistant who
8certifies death, or if the death occurs in a health care
9facility, with such staff member as may be designated by the
10administrator of the facility. The Department may adopt rules
11providing for the safe disposal of human remains. To the extent
12feasible without endangering the public's health, the
13Department shall respect and accommodate the religious beliefs
14of individuals in implementing this Section.
15(Source: P.A. 99-581, eff. 1-1-17.)
16 (20 ILCS 2305/8.2)
17 Sec. 8.2. Osteoporosis Prevention and Education Program.
18 (a) The Department of Public Health, utilizing available
19federal funds, State funds appropriated for that purpose, or
20other available funding as provided for in this Section, shall
21establish, promote, and maintain an Osteoporosis Prevention
22and Education Program to promote public awareness of the causes
23of osteoporosis, options for prevention, the value of early
24detection, and possible treatments (including the benefits and
25risks of those treatments). The Department may accept, for that

HB0313 Enrolled- 70 -LRB100 04130 SMS 14135 b
1purpose, any special grant of money, services, or property from
2the federal government or any of its agencies or from any
3foundation, organization, or medical school.
4 (b) The program shall include the following:
5 (1) Development of a public education and outreach
6 campaign to promote osteoporosis prevention and education,
7 including, but not limited to, the following subjects:
8 (A) The cause and nature of the disease.
9 (B) Risk factors.
10 (C) The role of hysterectomy.
11 (D) Prevention of osteoporosis, including
12 nutrition, diet, and physical exercise.
13 (E) Diagnostic procedures and appropriate
14 indications for their use.
15 (F) Hormone replacement, including benefits and
16 risks.
17 (G) Environmental safety and injury prevention.
18 (H) Availability of osteoporosis diagnostic
19 treatment services in the community.
20 (2) Development of educational materials to be made
21 available for consumers, particularly targeted to
22 high-risk groups, through local health departments, local
23 physicians, advanced practice registered nurses, or
24 physician assistants, other providers (including, but not
25 limited to, health maintenance organizations, hospitals,
26 and clinics), and women's organizations.

HB0313 Enrolled- 71 -LRB100 04130 SMS 14135 b
1 (3) Development of professional education programs for
2 health care providers to assist them in understanding
3 research findings and the subjects set forth in paragraph
4 (1).
5 (4) Development and maintenance of a list of current
6 providers of specialized services for the prevention and
7 treatment of osteoporosis. Dissemination of the list shall
8 be accompanied by a description of diagnostic procedures,
9 appropriate indications for their use, and a cautionary
10 statement about the current status of osteoporosis
11 research, prevention, and treatment. The statement shall
12 also indicate that the Department does not license,
13 certify, or in any other way approve osteoporosis programs
14 or centers in this State.
15 (c) The State Board of Health shall serve as an advisory
16board to the Department with specific respect to the prevention
17and education activities related to osteoporosis described in
18this Section. The State Board of Health shall assist the
19Department in implementing this Section.
20(Source: P.A. 99-581, eff. 1-1-17.)
21 Section 55. The Department of Public Health Powers and
22Duties Law of the Civil Administrative Code of Illinois is
23amended by changing Sections 2310-145, 2310-397, 2310-410,
242310-600, 2310-677, and 2310-690 as follows:

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1 (20 ILCS 2310/2310-145)
2 Sec. 2310-145. Registry of health care professionals. The
3Department of Public Health shall maintain a registry of all
4active-status health care professionals, including nurses,
5nurse practitioners, advanced practice registered nurses,
6physicians, physician assistants, psychologists, professional
7counselors, clinical professional counselors, and pharmacists.
8 The registry must consist of information shared between the
9Department of Public Health and the Department of Financial and
10Professional Regulation via a secure communication link. The
11registry must be updated on a quarterly basis.
12 The registry shall be accessed in the event of an act of
13bioterrorism or other public health emergency or for the
14planning for the possibility of such an event.
15(Source: P.A. 96-377, eff. 1-1-10.)
16 (20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90)
17 Sec. 2310-397. Prostate and testicular cancer program.
18 (a) The Department, subject to appropriation or other
19available funding, shall conduct a program to promote awareness
20and early detection of prostate and testicular cancer. The
21program may include, but need not be limited to:
22 (1) Dissemination of information regarding the
23 incidence of prostate and testicular cancer, the risk
24 factors associated with prostate and testicular cancer,
25 and the benefits of early detection and treatment.

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1 (2) Promotion of information and counseling about
2 treatment options.
3 (3) Establishment and promotion of referral services
4 and screening programs.
5 Beginning July 1, 2004, the program must include the
6development and dissemination, through print and broadcast
7media, of public service announcements that publicize the
8importance of prostate cancer screening for men over age 40.
9 (b) Subject to appropriation or other available funding, a
10Prostate Cancer Screening Program shall be established in the
11Department of Public Health.
12 (1) The Program shall apply to the following persons
13 and entities:
14 (A) uninsured and underinsured men 50 years of age
15 and older;
16 (B) uninsured and underinsured men between 40 and
17 50 years of age who are at high risk for prostate
18 cancer, upon the advice of a physician, advanced
19 practice registered nurse, or physician assistant or
20 upon the request of the patient; and
21 (C) non-profit organizations providing assistance
22 to persons described in subparagraphs (A) and (B).
23 (2) Any entity funded by the Program shall coordinate
24 with other local providers of prostate cancer screening,
25 diagnostic, follow-up, education, and advocacy services to
26 avoid duplication of effort. Any entity funded by the

HB0313 Enrolled- 74 -LRB100 04130 SMS 14135 b
1 Program shall comply with any applicable State and federal
2 standards regarding prostate cancer screening.
3 (3) Administrative costs of the Department shall not
4 exceed 10% of the funds allocated to the Program. Indirect
5 costs of the entities funded by this Program shall not
6 exceed 12%. The Department shall define "indirect costs" in
7 accordance with applicable State and federal law.
8 (4) Any entity funded by the Program shall collect data
9 and maintain records that are determined by the Department
10 to be necessary to facilitate the Department's ability to
11 monitor and evaluate the effectiveness of the entities and
12 the Program. Commencing with the Program's second year of
13 operation, the Department shall submit an Annual Report to
14 the General Assembly and the Governor. The report shall
15 describe the activities and effectiveness of the Program
16 and shall include, but not be limited to, the following
17 types of information regarding those served by the Program:
18 (A) the number; and
19 (B) the ethnic, geographic, and age breakdown.
20 (5) The Department or any entity funded by the Program
21 shall collect personal and medical information necessary
22 to administer the Program from any individual applying for
23 services under the Program. The information shall be
24 confidential and shall not be disclosed other than for
25 purposes directly connected with the administration of the
26 Program or except as otherwise provided by law or pursuant

HB0313 Enrolled- 75 -LRB100 04130 SMS 14135 b
1 to prior written consent of the subject of the information.
2 (6) The Department or any entity funded by the program
3 may disclose the confidential information to medical
4 personnel and fiscal intermediaries of the State to the
5 extent necessary to administer the Program, and to other
6 State public health agencies or medical researchers if the
7 confidential information is necessary to carry out the
8 duties of those agencies or researchers in the
9 investigation, control, or surveillance of prostate
10 cancer.
11 (c) The Department shall adopt rules to implement the
12Prostate Cancer Screening Program in accordance with the
13Illinois Administrative Procedure Act.
14(Source: P.A. 98-87, eff. 1-1-14; 99-581, eff. 1-1-17.)
15 (20 ILCS 2310/2310-410) (was 20 ILCS 2310/55.42)
16 Sec. 2310-410. Sickle cell disease. To conduct a public
17information campaign for physicians, advanced practice
18registered nurses, physician assistants, hospitals, health
19facilities, public health departments, and the general public
20on sickle cell disease, methods of care, and treatment
21modalities available; to identify and catalogue sickle cell
22resources in this State for distribution and referral purposes;
23and to coordinate services with the established programs,
24including State, federal, and voluntary groups.
25(Source: P.A. 99-581, eff. 1-1-17.)

HB0313 Enrolled- 76 -LRB100 04130 SMS 14135 b
1 (20 ILCS 2310/2310-600)
2 Sec. 2310-600. Advance directive information.
3 (a) The Department of Public Health shall prepare and
4publish the summary of advance directives law, as required by
5the federal Patient Self-Determination Act, and related forms.
6Publication may be limited to the World Wide Web. The summary
7required under this subsection (a) must include the Department
8of Public Health Uniform POLST form.
9 (b) The Department of Public Health shall publish Spanish
10language versions of the following:
11 (1) The statutory Living Will Declaration form.
12 (2) The Illinois Statutory Short Form Power of Attorney
13 for Health Care.
14 (3) The statutory Declaration of Mental Health
15 Treatment Form.
16 (4) The summary of advance directives law in Illinois.
17 (5) The Department of Public Health Uniform POLST form.
18 Publication may be limited to the World Wide Web.
19 (b-5) In consultation with a statewide professional
20organization representing physicians licensed to practice
21medicine in all its branches, statewide organizations
22representing physician assistants, advanced practice
23registered nurses, nursing homes, registered professional
24nurses, and emergency medical systems, and a statewide
25organization representing hospitals, the Department of Public

HB0313 Enrolled- 77 -LRB100 04130 SMS 14135 b
1Health shall develop and publish a uniform form for
2practitioner cardiopulmonary resuscitation (CPR) or
3life-sustaining treatment orders that may be utilized in all
4settings. The form shall meet the published minimum
5requirements to nationally be considered a practitioner orders
6for life-sustaining treatment form, or POLST, and may be
7referred to as the Department of Public Health Uniform POLST
8form. This form does not replace a physician's or other
9practitioner's authority to make a do-not-resuscitate (DNR)
10order.
11 (c) (Blank).
12 (d) The Department of Public Health shall publish the
13Department of Public Health Uniform POLST form reflecting the
14changes made by this amendatory Act of the 98th General
15Assembly no later than January 1, 2015.
16(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16;
1799-581, eff. 1-1-17.)
18 (20 ILCS 2310/2310-677)
19 (Section scheduled to be repealed on June 30, 2019)
20 Sec. 2310-677. Neonatal Abstinence Syndrome Advisory
21Committee.
22 (a) As used in this Section:
23 "Department" means the Department of Public Health.
24 "Director" means the Director of Public Health.
25 "Neonatal Abstinence Syndrome" or "NAS" means various

HB0313 Enrolled- 78 -LRB100 04130 SMS 14135 b
1adverse conditions that occur in a newborn infant who was
2exposed to addictive or prescription drugs while in the
3mother's womb.
4 (b) There is created the Advisory Committee on Neonatal
5Abstinence Syndrome. The Advisory Committee shall consist of up
6to 10 members appointed by the Director of Public Health. The
7Director shall make the appointments within 90 days after the
8effective date of this amendatory Act of the 99th General
9Assembly. Members shall receive no compensation for their
10services. The members of the Advisory Committee shall represent
11different racial, ethnic, and geographic backgrounds and
12consist of:
13 (1) at least one member representing a statewide
14 association of hospitals;
15 (2) at least one member representing a statewide
16 organization of pediatricians;
17 (3) at least one member representing a statewide
18 organization of obstetricians;
19 (4) at least one member representing a statewide
20 organization that advocates for the health of mothers and
21 infants;
22 (5) at least one member representing a statewide
23 organization of licensed physicians;
24 (6) at least one member who is a licensed practical
25 nurse, registered professional nurse, or advanced practice
26 registered nurse with expertise in the treatment of

HB0313 Enrolled- 79 -LRB100 04130 SMS 14135 b
1 newborns in neonatal intensive care units;
2 (7) at least one member representing a local or
3 regional public health agency; and
4 (8) at least one member with expertise in the treatment
5 of drug dependency and addiction.
6 (c) In addition to the membership in subsection (a) of this
7Section, the following persons or their designees shall serve
8as ex officio members of the Advisory Committee: the Director
9of Public Health, the Secretary of Human Services, the Director
10of Healthcare and Family Services, and the Director of Children
11and Family Services. The Director of Public Health, or his or
12her designee, shall serve as Chair of the Committee.
13 (d) The Advisory Committee shall meet at the call of the
14Chair. The Committee shall meet at least 3 times each year and
15its initial meeting shall take place within 120 days after the
16effective date of this Act. The Advisory Committee shall advise
17and assist the Department to:
18 (1) develop an appropriate standard clinical
19 definition of "NAS";
20 (2) develop a uniform process of identifying NAS;
21 (3) develop protocols for training hospital personnel
22 in implementing an appropriate and uniform process for
23 identifying and treating NAS;
24 (4) identify and develop options for reporting NAS data
25 to the Department by using existing or new data reporting
26 options; and

HB0313 Enrolled- 80 -LRB100 04130 SMS 14135 b
1 (5) make recommendations to the Department on
2 evidence-based guidelines and programs to improve the
3 outcomes of pregnancies with respect to NAS.
4 (e) The Advisory Committee shall provide an annual report
5of its activities and recommendations to the Director, the
6General Assembly, and the Governor by March 31 of each year
7beginning in 2016. The final report of the Advisory Committee
8shall be submitted by March 31, 2019.
9 (f) This Section is repealed on June 30, 2019.
10(Source: P.A. 99-320, eff. 8-7-15.)
11 (20 ILCS 2310/2310-690)
12 Sec. 2310-690. Cytomegalovirus public education.
13 (a) In this Section:
14 "CMV" means cytomegalovirus.
15 "Health care professional and provider" means any
16 physician, advanced practice registered nurse, physician
17 assistant, hospital facility, or other person that is
18 licensed or otherwise authorized to deliver health care
19 services.
20 (b) The Department shall develop or approve and publish
21informational materials for women who may become pregnant,
22expectant parents, and parents of infants regarding:
23 (1) the incidence of CMV;
24 (2) the transmission of CMV to pregnant women and women
25 who may become pregnant;

HB0313 Enrolled- 81 -LRB100 04130 SMS 14135 b
1 (3) birth defects caused by congenital CMV;
2 (4) methods of diagnosing congenital CMV; and
3 (5) available preventive measures to avoid the
4 infection of women who are pregnant or may become pregnant.
5 (c) The Department shall publish the information required
6under subsection (b) on its Internet website.
7 (d) The Department shall publish information to:
8 (1) educate women who may become pregnant, expectant
9 parents, and parents of infants about CMV; and
10 (2) raise awareness of CMV among health care
11 professionals and providers who provide care to expectant
12 mothers or infants.
13 (e) The Department may solicit and accept the assistance of
14any relevant health care professional associations or
15community resources, including faith-based resources, to
16promote education about CMV under this Section.
17 (f) If a newborn infant fails the 2 initial hearing
18screenings in the hospital, then the hospital performing that
19screening shall provide to the parents of the newborn infant
20information regarding: (i) birth defects caused by congenital
21CMV; (ii) testing opportunities and options for CMV, including
22the opportunity to test for CMV before leaving the hospital;
23and (iii) early intervention services. Health care
24professionals and providers may, but are not required to, use
25the materials developed by the Department for distribution to
26parents of newborn infants.

HB0313 Enrolled- 82 -LRB100 04130 SMS 14135 b
1(Source: P.A. 99-424, eff. 1-1-16; 99-581, eff. 1-1-17; 99-642,
2eff. 7-28-26.)
3 Section 60. The Community Health Worker Advisory Board Act
4is amended by changing Section 10 as follows:
5 (20 ILCS 2335/10)
6 Sec. 10. Advisory Board.
7 (a) There is created the Advisory Board on Community Health
8Workers. The Board shall consist of 16 members appointed by the
9Director of Public Health. The Director shall make the
10appointments to the Board within 90 days after the effective
11date of this Act. The members of the Board shall represent
12different racial and ethnic backgrounds and have the
13qualifications as follows:
14 (1) four members who currently serve as community
15 health workers in Cook County, one of whom shall have
16 served as a health insurance marketplace navigator;
17 (2) two members who currently serve as community health
18 workers in DuPage, Kane, Lake, or Will County;
19 (3) one member who currently serves as a community
20 health worker in Bond, Calhoun, Clinton, Jersey, Macoupin,
21 Madison, Monroe, Montgomery, Randolph, St. Clair, or
22 Washington County;
23 (4) one member who currently serves as a community
24 health worker in any other county in the State;

HB0313 Enrolled- 83 -LRB100 04130 SMS 14135 b
1 (5) one member who is a physician licensed to practice
2 medicine in Illinois;
3 (6) one member who is a physician assistant;
4 (7) one member who is a licensed nurse or advanced
5 practice registered nurse;
6 (8) one member who is a licensed social worker,
7 counselor, or psychologist;
8 (9) one member who currently employs community health
9 workers;
10 (10) one member who is a health policy advisor with
11 experience in health workforce policy;
12 (11) one member who is a public health professional
13 with experience with community health policy; and
14 (12) one representative of a community college,
15 university, or educational institution that provides
16 training to community health workers.
17 (b) In addition, the following persons or their designees
18shall serve as ex officio, non-voting members of the Board: the
19Executive Director of the Illinois Community College Board, the
20Director of Children and Family Services, the Director of
21Aging, the Director of Public Health, the Director of
22Employment Security, the Director of Commerce and Economic
23Opportunity, the Secretary of Financial and Professional
24Regulation, the Director of Healthcare and Family Services, and
25the Secretary of Human Services.
26 (c) The voting members of the Board shall select a

HB0313 Enrolled- 84 -LRB100 04130 SMS 14135 b
1chairperson from the voting members of the Board. The Board
2shall consult with additional experts as needed. Members of the
3Board shall serve without compensation. The Department shall
4provide administrative and staff support to the Board. The
5meetings of the Board are subject to the provisions of the Open
6Meetings Act.
7 (d) The Board shall consider the core competencies of a
8community health worker, including skills and areas of
9knowledge that are essential to bringing about expanded health
10and wellness in diverse communities and reducing health
11disparities. As relating to members of communities and health
12teams, the core competencies for effective community health
13workers may include, but are not limited to:
14 (1) outreach methods and strategies;
15 (2) client and community assessment;
16 (3) effective community-based and participatory
17 methods, including research;
18 (4) culturally competent communication and care;
19 (5) health education for behavior change;
20 (6) support, advocacy, and health system navigation
21 for clients;
22 (7) application of public health concepts and
23 approaches;
24 (8) individual and community capacity building and
25 mobilization; and
26 (9) writing, oral, technical, and communication

HB0313 Enrolled- 85 -LRB100 04130 SMS 14135 b
1 skills.
2(Source: P.A. 98-796, eff. 7-31-14; 99-581, eff. 1-1-17.)
3 Section 65. The Illinois Housing Development Act is amended
4by changing Section 7.30 as follows:
5 (20 ILCS 3805/7.30)
6 Sec. 7.30. Foreclosure Prevention Program.
7 (a) The Authority shall establish and administer a
8Foreclosure Prevention Program. The Authority shall use moneys
9in the Foreclosure Prevention Program Fund, and any other funds
10appropriated for this purpose, to make grants to (i) approved
11counseling agencies for approved housing counseling and (ii)
12approved community-based organizations for approved
13foreclosure prevention outreach programs. The Authority shall
14promulgate rules to implement this Program and may adopt
15emergency rules as soon as practicable to begin implementation
16of the Program.
17 (b) Subject to appropriation and the annual receipt of
18funds, the Authority shall make grants from the Foreclosure
19Prevention Program Fund derived from fees paid as specified in
20subsection (a) of Section 15-1504.1 of the Code of Civil
21Procedure as follows:
22 (1) 25% of the moneys in the Fund shall be used to make
23 grants to approved counseling agencies that provide
24 services in Illinois outside of the City of Chicago. Grants

HB0313 Enrolled- 86 -LRB100 04130 SMS 14135 b
1 shall be based upon the number of foreclosures filed in an
2 approved counseling agency's service area, the capacity of
3 the agency to provide foreclosure counseling services, and
4 any other factors that the Authority deems appropriate.
5 (2) 25% of the moneys in the Fund shall be distributed
6 to the City of Chicago to make grants to approved
7 counseling agencies located within the City of Chicago for
8 approved housing counseling or to support foreclosure
9 prevention counseling programs administered by the City of
10 Chicago.
11 (3) 25% of the moneys in the Fund shall be used to make
12 grants to approved community-based organizations located
13 outside of the City of Chicago for approved foreclosure
14 prevention outreach programs.
15 (4) 25% of the moneys in the Fund shall be used to make
16 grants to approved community-based organizations located
17 within the City of Chicago for approved foreclosure
18 prevention outreach programs, with priority given to
19 programs that provide door-to-door outreach.
20 (b-1) Subject to appropriation and the annual receipt of
21funds, the Authority shall make grants from the Foreclosure
22Prevention Program Graduated Fund derived from fees paid as
23specified in paragraph (1) of subsection (a-5) of Section
2415-1504.1 of the Code of Civil Procedure, as follows:
25 (1) 30% shall be used to make grants for approved
26 housing counseling in Cook County outside of the City of

HB0313 Enrolled- 87 -LRB100 04130 SMS 14135 b
1 Chicago;
2 (2) 25% shall be used to make grants for approved
3 housing counseling in the City of Chicago;
4 (3) 30% shall be used to make grants for approved
5 housing counseling in DuPage, Kane, Lake, McHenry, and Will
6 Counties; and
7 (4) 15% shall be used to make grants for approved
8 housing counseling in Illinois in counties other than Cook,
9 DuPage, Kane, Lake, McHenry, and Will Counties provided
10 that grants to provide approved housing counseling to
11 borrowers residing within these counties shall be based, to
12 the extent practicable, (i) proportionately on the amount
13 of fees paid to the respective clerks of the courts within
14 these counties and (ii) on any other factors that the
15 Authority deems appropriate.
16 The percentages set forth in this subsection (b-1) shall be
17calculated after deduction of reimbursable administrative
18expenses incurred by the Authority, but shall not be greater
19than 4% of the annual appropriated amount.
20 (b-5) As used in this Section:
21 "Approved community-based organization" means a
22not-for-profit entity that provides educational and financial
23information to residents of a community through in-person
24contact. "Approved community-based organization" does not
25include a not-for-profit corporation or other entity or person
26that provides legal representation or advice in a civil

HB0313 Enrolled- 88 -LRB100 04130 SMS 14135 b
1proceeding or court-sponsored mediation services, or a
2governmental agency.
3 "Approved foreclosure prevention outreach program" means a
4program developed by an approved community-based organization
5that includes in-person contact with residents to provide (i)
6pre-purchase and post-purchase home ownership counseling, (ii)
7education about the foreclosure process and the options of a
8mortgagor in a foreclosure proceeding, and (iii) programs
9developed by an approved community-based organization in
10conjunction with a State or federally chartered financial
11institution.
12 "Approved counseling agency" means a housing counseling
13agency approved by the U.S. Department of Housing and Urban
14Development.
15 "Approved housing counseling" means in-person counseling
16provided by a counselor employed by an approved counseling
17agency to all borrowers, or documented telephone counseling
18where a hardship would be imposed on one or more borrowers. A
19hardship shall exist in instances in which the borrower is
20confined to his or her home due to a medical condition, as
21verified in writing by a physician, advanced practice
22registered nurse, or physician assistant, or the borrower
23resides 50 miles or more from the nearest approved counseling
24agency. In instances of telephone counseling, the borrower must
25supply all necessary documents to the counselor at least 72
26hours prior to the scheduled telephone counseling session.

HB0313 Enrolled- 89 -LRB100 04130 SMS 14135 b
1 (c) (Blank).
2 (c-5) Where the jurisdiction of an approved counseling
3agency is included within more than one of the geographic areas
4set forth in this Section, the Authority may elect to fully
5fund the applicant from one of the relevant geographic areas.
6(Source: P.A. 98-20, eff. 6-11-13; 99-581, eff. 1-1-17.)
7 Section 70. The Property Tax Code is amended by changing
8Sections 15-168 and 15-172 as follows:
9 (35 ILCS 200/15-168)
10 Sec. 15-168. Homestead exemption for persons with
11disabilities.
12 (a) Beginning with taxable year 2007, an annual homestead
13exemption is granted to persons with disabilities in the amount
14of $2,000, except as provided in subsection (c), to be deducted
15from the property's value as equalized or assessed by the
16Department of Revenue. The person with a disability shall
17receive the homestead exemption upon meeting the following
18requirements:
19 (1) The property must be occupied as the primary
20 residence by the person with a disability.
21 (2) The person with a disability must be liable for
22 paying the real estate taxes on the property.
23 (3) The person with a disability must be an owner of
24 record of the property or have a legal or equitable

HB0313 Enrolled- 90 -LRB100 04130 SMS 14135 b
1 interest in the property as evidenced by a written
2 instrument. In the case of a leasehold interest in
3 property, the lease must be for a single family residence.
4 A person who has a disability during the taxable year is
5eligible to apply for this homestead exemption during that
6taxable year. Application must be made during the application
7period in effect for the county of residence. If a homestead
8exemption has been granted under this Section and the person
9awarded the exemption subsequently becomes a resident of a
10facility licensed under the Nursing Home Care Act, the
11Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
12Community Care Act, or the MC/DD Act, then the exemption shall
13continue (i) so long as the residence continues to be occupied
14by the qualifying person's spouse or (ii) if the residence
15remains unoccupied but is still owned by the person qualified
16for the homestead exemption.
17 (b) For the purposes of this Section, "person with a
18disability" means a person unable to engage in any substantial
19gainful activity by reason of a medically determinable physical
20or mental impairment which can be expected to result in death
21or has lasted or can be expected to last for a continuous
22period of not less than 12 months. Persons with disabilities
23filing claims under this Act shall submit proof of disability
24in such form and manner as the Department shall by rule and
25regulation prescribe. Proof that a claimant is eligible to
26receive disability benefits under the Federal Social Security

HB0313 Enrolled- 91 -LRB100 04130 SMS 14135 b
1Act shall constitute proof of disability for purposes of this
2Act. Issuance of an Illinois Person with a Disability
3Identification Card stating that the claimant is under a Class
42 disability, as defined in Section 4A of the Illinois
5Identification Card Act, shall constitute proof that the person
6named thereon is a person with a disability for purposes of
7this Act. A person with a disability not covered under the
8Federal Social Security Act and not presenting an Illinois
9Person with a Disability Identification Card stating that the
10claimant is under a Class 2 disability shall be examined by a
11physician, advanced practice registered nurse, or physician
12assistant designated by the Department, and his status as a
13person with a disability determined using the same standards as
14used by the Social Security Administration. The costs of any
15required examination shall be borne by the claimant.
16 (c) For land improved with (i) an apartment building owned
17and operated as a cooperative or (ii) a life care facility as
18defined under Section 2 of the Life Care Facilities Act that is
19considered to be a cooperative, the maximum reduction from the
20value of the property, as equalized or assessed by the
21Department, shall be multiplied by the number of apartments or
22units occupied by a person with a disability. The person with a
23disability shall receive the homestead exemption upon meeting
24the following requirements:
25 (1) The property must be occupied as the primary
26 residence by the person with a disability.

HB0313 Enrolled- 92 -LRB100 04130 SMS 14135 b
1 (2) The person with a disability must be liable by
2 contract with the owner or owners of record for paying the
3 apportioned property taxes on the property of the
4 cooperative or life care facility. In the case of a life
5 care facility, the person with a disability must be liable
6 for paying the apportioned property taxes under a life care
7 contract as defined in Section 2 of the Life Care
8 Facilities Act.
9 (3) The person with a disability must be an owner of
10 record of a legal or equitable interest in the cooperative
11 apartment building. A leasehold interest does not meet this
12 requirement.
13If a homestead exemption is granted under this subsection, the
14cooperative association or management firm shall credit the
15savings resulting from the exemption to the apportioned tax
16liability of the qualifying person with a disability. The chief
17county assessment officer may request reasonable proof that the
18association or firm has properly credited the exemption. A
19person who willfully refuses to credit an exemption to the
20qualified person with a disability is guilty of a Class B
21misdemeanor.
22 (d) The chief county assessment officer shall determine the
23eligibility of property to receive the homestead exemption
24according to guidelines established by the Department. After a
25person has received an exemption under this Section, an annual
26verification of eligibility for the exemption shall be mailed

HB0313 Enrolled- 93 -LRB100 04130 SMS 14135 b
1to the taxpayer.
2 In counties with fewer than 3,000,000 inhabitants, the
3chief county assessment officer shall provide to each person
4granted a homestead exemption under this Section a form to
5designate any other person to receive a duplicate of any notice
6of delinquency in the payment of taxes assessed and levied
7under this Code on the person's qualifying property. The
8duplicate notice shall be in addition to the notice required to
9be provided to the person receiving the exemption and shall be
10given in the manner required by this Code. The person filing
11the request for the duplicate notice shall pay an
12administrative fee of $5 to the chief county assessment
13officer. The assessment officer shall then file the executed
14designation with the county collector, who shall issue the
15duplicate notices as indicated by the designation. A
16designation may be rescinded by the person with a disability in
17the manner required by the chief county assessment officer.
18 (e) A taxpayer who claims an exemption under Section 15-165
19or 15-169 may not claim an exemption under this Section.
20(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
2199-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.
227-28-16.)
23 (35 ILCS 200/15-172)
24 Sec. 15-172. Senior Citizens Assessment Freeze Homestead
25Exemption.

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1 (a) This Section may be cited as the Senior Citizens
2Assessment Freeze Homestead Exemption.
3 (b) As used in this Section:
4 "Applicant" means an individual who has filed an
5application under this Section.
6 "Base amount" means the base year equalized assessed value
7of the residence plus the first year's equalized assessed value
8of any added improvements which increased the assessed value of
9the residence after the base year.
10 "Base year" means the taxable year prior to the taxable
11year for which the applicant first qualifies and applies for
12the exemption provided that in the prior taxable year the
13property was improved with a permanent structure that was
14occupied as a residence by the applicant who was liable for
15paying real property taxes on the property and who was either
16(i) an owner of record of the property or had legal or
17equitable interest in the property as evidenced by a written
18instrument or (ii) had a legal or equitable interest as a
19lessee in the parcel of property that was single family
20residence. If in any subsequent taxable year for which the
21applicant applies and qualifies for the exemption the equalized
22assessed value of the residence is less than the equalized
23assessed value in the existing base year (provided that such
24equalized assessed value is not based on an assessed value that
25results from a temporary irregularity in the property that
26reduces the assessed value for one or more taxable years), then

HB0313 Enrolled- 95 -LRB100 04130 SMS 14135 b
1that subsequent taxable year shall become the base year until a
2new base year is established under the terms of this paragraph.
3For taxable year 1999 only, the Chief County Assessment Officer
4shall review (i) all taxable years for which the applicant
5applied and qualified for the exemption and (ii) the existing
6base year. The assessment officer shall select as the new base
7year the year with the lowest equalized assessed value. An
8equalized assessed value that is based on an assessed value
9that results from a temporary irregularity in the property that
10reduces the assessed value for one or more taxable years shall
11not be considered the lowest equalized assessed value. The
12selected year shall be the base year for taxable year 1999 and
13thereafter until a new base year is established under the terms
14of this paragraph.
15 "Chief County Assessment Officer" means the County
16Assessor or Supervisor of Assessments of the county in which
17the property is located.
18 "Equalized assessed value" means the assessed value as
19equalized by the Illinois Department of Revenue.
20 "Household" means the applicant, the spouse of the
21applicant, and all persons using the residence of the applicant
22as their principal place of residence.
23 "Household income" means the combined income of the members
24of a household for the calendar year preceding the taxable
25year.
26 "Income" has the same meaning as provided in Section 3.07

HB0313 Enrolled- 96 -LRB100 04130 SMS 14135 b
1of the Senior Citizens and Persons with Disabilities Property
2Tax Relief Act, except that, beginning in assessment year 2001,
3"income" does not include veteran's benefits.
4 "Internal Revenue Code of 1986" means the United States
5Internal Revenue Code of 1986 or any successor law or laws
6relating to federal income taxes in effect for the year
7preceding the taxable year.
8 "Life care facility that qualifies as a cooperative" means
9a facility as defined in Section 2 of the Life Care Facilities
10Act.
11 "Maximum income limitation" means:
12 (1) $35,000 prior to taxable year 1999;
13 (2) $40,000 in taxable years 1999 through 2003;
14 (3) $45,000 in taxable years 2004 through 2005;
15 (4) $50,000 in taxable years 2006 and 2007; and
16 (5) $55,000 in taxable year 2008 and thereafter.
17 "Residence" means the principal dwelling place and
18appurtenant structures used for residential purposes in this
19State occupied on January 1 of the taxable year by a household
20and so much of the surrounding land, constituting the parcel
21upon which the dwelling place is situated, as is used for
22residential purposes. If the Chief County Assessment Officer
23has established a specific legal description for a portion of
24property constituting the residence, then that portion of
25property shall be deemed the residence for the purposes of this
26Section.

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1 "Taxable year" means the calendar year during which ad
2valorem property taxes payable in the next succeeding year are
3levied.
4 (c) Beginning in taxable year 1994, a senior citizens
5assessment freeze homestead exemption is granted for real
6property that is improved with a permanent structure that is
7occupied as a residence by an applicant who (i) is 65 years of
8age or older during the taxable year, (ii) has a household
9income that does not exceed the maximum income limitation,
10(iii) is liable for paying real property taxes on the property,
11and (iv) is an owner of record of the property or has a legal or
12equitable interest in the property as evidenced by a written
13instrument. This homestead exemption shall also apply to a
14leasehold interest in a parcel of property improved with a
15permanent structure that is a single family residence that is
16occupied as a residence by a person who (i) is 65 years of age
17or older during the taxable year, (ii) has a household income
18that does not exceed the maximum income limitation, (iii) has a
19legal or equitable ownership interest in the property as
20lessee, and (iv) is liable for the payment of real property
21taxes on that property.
22 In counties of 3,000,000 or more inhabitants, the amount of
23the exemption for all taxable years is the equalized assessed
24value of the residence in the taxable year for which
25application is made minus the base amount. In all other
26counties, the amount of the exemption is as follows: (i)

HB0313 Enrolled- 98 -LRB100 04130 SMS 14135 b
1through taxable year 2005 and for taxable year 2007 and
2thereafter, the amount of this exemption shall be the equalized
3assessed value of the residence in the taxable year for which
4application is made minus the base amount; and (ii) for taxable
5year 2006, the amount of the exemption is as follows:
6 (1) For an applicant who has a household income of
7 $45,000 or less, the amount of the exemption is the
8 equalized assessed value of the residence in the taxable
9 year for which application is made minus the base amount.
10 (2) For an applicant who has a household income
11 exceeding $45,000 but not exceeding $46,250, the amount of
12 the exemption is (i) the equalized assessed value of the
13 residence in the taxable year for which application is made
14 minus the base amount (ii) multiplied by 0.8.
15 (3) For an applicant who has a household income
16 exceeding $46,250 but not exceeding $47,500, the amount of
17 the exemption is (i) the equalized assessed value of the
18 residence in the taxable year for which application is made
19 minus the base amount (ii) multiplied by 0.6.
20 (4) For an applicant who has a household income
21 exceeding $47,500 but not exceeding $48,750, the amount of
22 the exemption is (i) the equalized assessed value of the
23 residence in the taxable year for which application is made
24 minus the base amount (ii) multiplied by 0.4.
25 (5) For an applicant who has a household income
26 exceeding $48,750 but not exceeding $50,000, the amount of

HB0313 Enrolled- 99 -LRB100 04130 SMS 14135 b
1 the exemption is (i) the equalized assessed value of the
2 residence in the taxable year for which application is made
3 minus the base amount (ii) multiplied by 0.2.
4 When the applicant is a surviving spouse of an applicant
5for a prior year for the same residence for which an exemption
6under this Section has been granted, the base year and base
7amount for that residence are the same as for the applicant for
8the prior year.
9 Each year at the time the assessment books are certified to
10the County Clerk, the Board of Review or Board of Appeals shall
11give to the County Clerk a list of the assessed values of
12improvements on each parcel qualifying for this exemption that
13were added after the base year for this parcel and that
14increased the assessed value of the property.
15 In the case of land improved with an apartment building
16owned and operated as a cooperative or a building that is a
17life care facility that qualifies as a cooperative, the maximum
18reduction from the equalized assessed value of the property is
19limited to the sum of the reductions calculated for each unit
20occupied as a residence by a person or persons (i) 65 years of
21age or older, (ii) with a household income that does not exceed
22the maximum income limitation, (iii) who is liable, by contract
23with the owner or owners of record, for paying real property
24taxes on the property, and (iv) who is an owner of record of a
25legal or equitable interest in the cooperative apartment
26building, other than a leasehold interest. In the instance of a

HB0313 Enrolled- 100 -LRB100 04130 SMS 14135 b
1cooperative where a homestead exemption has been granted under
2this Section, the cooperative association or its management
3firm shall credit the savings resulting from that exemption
4only to the apportioned tax liability of the owner who
5qualified for the exemption. Any person who willfully refuses
6to credit that savings to an owner who qualifies for the
7exemption is guilty of a Class B misdemeanor.
8 When a homestead exemption has been granted under this
9Section and an applicant then becomes a resident of a facility
10licensed under the Assisted Living and Shared Housing Act, the
11Nursing Home Care Act, the Specialized Mental Health
12Rehabilitation Act of 2013, the ID/DD Community Care Act, or
13the MC/DD Act, the exemption shall be granted in subsequent
14years so long as the residence (i) continues to be occupied by
15the qualified applicant's spouse or (ii) if remaining
16unoccupied, is still owned by the qualified applicant for the
17homestead exemption.
18 Beginning January 1, 1997, when an individual dies who
19would have qualified for an exemption under this Section, and
20the surviving spouse does not independently qualify for this
21exemption because of age, the exemption under this Section
22shall be granted to the surviving spouse for the taxable year
23preceding and the taxable year of the death, provided that,
24except for age, the surviving spouse meets all other
25qualifications for the granting of this exemption for those
26years.

HB0313 Enrolled- 101 -LRB100 04130 SMS 14135 b
1 When married persons maintain separate residences, the
2exemption provided for in this Section may be claimed by only
3one of such persons and for only one residence.
4 For taxable year 1994 only, in counties having less than
53,000,000 inhabitants, to receive the exemption, a person shall
6submit an application by February 15, 1995 to the Chief County
7Assessment Officer of the county in which the property is
8located. In counties having 3,000,000 or more inhabitants, for
9taxable year 1994 and all subsequent taxable years, to receive
10the exemption, a person may submit an application to the Chief
11County Assessment Officer of the county in which the property
12is located during such period as may be specified by the Chief
13County Assessment Officer. The Chief County Assessment Officer
14in counties of 3,000,000 or more inhabitants shall annually
15give notice of the application period by mail or by
16publication. In counties having less than 3,000,000
17inhabitants, beginning with taxable year 1995 and thereafter,
18to receive the exemption, a person shall submit an application
19by July 1 of each taxable year to the Chief County Assessment
20Officer of the county in which the property is located. A
21county may, by ordinance, establish a date for submission of
22applications that is different than July 1. The applicant shall
23submit with the application an affidavit of the applicant's
24total household income, age, marital status (and if married the
25name and address of the applicant's spouse, if known), and
26principal dwelling place of members of the household on January

HB0313 Enrolled- 102 -LRB100 04130 SMS 14135 b
11 of the taxable year. The Department shall establish, by rule,
2a method for verifying the accuracy of affidavits filed by
3applicants under this Section, and the Chief County Assessment
4Officer may conduct audits of any taxpayer claiming an
5exemption under this Section to verify that the taxpayer is
6eligible to receive the exemption. Each application shall
7contain or be verified by a written declaration that it is made
8under the penalties of perjury. A taxpayer's signing a
9fraudulent application under this Act is perjury, as defined in
10Section 32-2 of the Criminal Code of 2012. The applications
11shall be clearly marked as applications for the Senior Citizens
12Assessment Freeze Homestead Exemption and must contain a notice
13that any taxpayer who receives the exemption is subject to an
14audit by the Chief County Assessment Officer.
15 Notwithstanding any other provision to the contrary, in
16counties having fewer than 3,000,000 inhabitants, if an
17applicant fails to file the application required by this
18Section in a timely manner and this failure to file is due to a
19mental or physical condition sufficiently severe so as to
20render the applicant incapable of filing the application in a
21timely manner, the Chief County Assessment Officer may extend
22the filing deadline for a period of 30 days after the applicant
23regains the capability to file the application, but in no case
24may the filing deadline be extended beyond 3 months of the
25original filing deadline. In order to receive the extension
26provided in this paragraph, the applicant shall provide the

HB0313 Enrolled- 103 -LRB100 04130 SMS 14135 b
1Chief County Assessment Officer with a signed statement from
2the applicant's physician, advanced practice registered nurse,
3or physician assistant stating the nature and extent of the
4condition, that, in the physician's, advanced practice
5registered nurse's, or physician assistant's opinion, the
6condition was so severe that it rendered the applicant
7incapable of filing the application in a timely manner, and the
8date on which the applicant regained the capability to file the
9application.
10 Beginning January 1, 1998, notwithstanding any other
11provision to the contrary, in counties having fewer than
123,000,000 inhabitants, if an applicant fails to file the
13application required by this Section in a timely manner and
14this failure to file is due to a mental or physical condition
15sufficiently severe so as to render the applicant incapable of
16filing the application in a timely manner, the Chief County
17Assessment Officer may extend the filing deadline for a period
18of 3 months. In order to receive the extension provided in this
19paragraph, the applicant shall provide the Chief County
20Assessment Officer with a signed statement from the applicant's
21physician, advanced practice registered nurse, or physician
22assistant stating the nature and extent of the condition, and
23that, in the physician's, advanced practice registered
24nurse's, or physician assistant's opinion, the condition was so
25severe that it rendered the applicant incapable of filing the
26application in a timely manner.

HB0313 Enrolled- 104 -LRB100 04130 SMS 14135 b
1 In counties having less than 3,000,000 inhabitants, if an
2applicant was denied an exemption in taxable year 1994 and the
3denial occurred due to an error on the part of an assessment
4official, or his or her agent or employee, then beginning in
5taxable year 1997 the applicant's base year, for purposes of
6determining the amount of the exemption, shall be 1993 rather
7than 1994. In addition, in taxable year 1997, the applicant's
8exemption shall also include an amount equal to (i) the amount
9of any exemption denied to the applicant in taxable year 1995
10as a result of using 1994, rather than 1993, as the base year,
11(ii) the amount of any exemption denied to the applicant in
12taxable year 1996 as a result of using 1994, rather than 1993,
13as the base year, and (iii) the amount of the exemption
14erroneously denied for taxable year 1994.
15 For purposes of this Section, a person who will be 65 years
16of age during the current taxable year shall be eligible to
17apply for the homestead exemption during that taxable year.
18Application shall be made during the application period in
19effect for the county of his or her residence.
20 The Chief County Assessment Officer may determine the
21eligibility of a life care facility that qualifies as a
22cooperative to receive the benefits provided by this Section by
23use of an affidavit, application, visual inspection,
24questionnaire, or other reasonable method in order to insure
25that the tax savings resulting from the exemption are credited
26by the management firm to the apportioned tax liability of each

HB0313 Enrolled- 105 -LRB100 04130 SMS 14135 b
1qualifying resident. The Chief County Assessment Officer may
2request reasonable proof that the management firm has so
3credited that exemption.
4 Except as provided in this Section, all information
5received by the chief county assessment officer or the
6Department from applications filed under this Section, or from
7any investigation conducted under the provisions of this
8Section, shall be confidential, except for official purposes or
9pursuant to official procedures for collection of any State or
10local tax or enforcement of any civil or criminal penalty or
11sanction imposed by this Act or by any statute or ordinance
12imposing a State or local tax. Any person who divulges any such
13information in any manner, except in accordance with a proper
14judicial order, is guilty of a Class A misdemeanor.
15 Nothing contained in this Section shall prevent the
16Director or chief county assessment officer from publishing or
17making available reasonable statistics concerning the
18operation of the exemption contained in this Section in which
19the contents of claims are grouped into aggregates in such a
20way that information contained in any individual claim shall
21not be disclosed.
22 (d) Each Chief County Assessment Officer shall annually
23publish a notice of availability of the exemption provided
24under this Section. The notice shall be published at least 60
25days but no more than 75 days prior to the date on which the
26application must be submitted to the Chief County Assessment

HB0313 Enrolled- 106 -LRB100 04130 SMS 14135 b
1Officer of the county in which the property is located. The
2notice shall appear in a newspaper of general circulation in
3the county.
4 Notwithstanding Sections 6 and 8 of the State Mandates Act,
5no reimbursement by the State is required for the
6implementation of any mandate created by this Section.
7(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
899-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff.
97-28-16.)
10 Section 75. The Counties Code is amended by changing
11Sections 3-14049, 3-15003.6, and 5-1069 as follows:
12 (55 ILCS 5/3-14049) (from Ch. 34, par. 3-14049)
13 Sec. 3-14049. Appointment of physicians and nurses for the
14poor and mentally ill persons. The appointment, employment and
15removal by the Board of Commissioners of Cook County of all
16physicians and surgeons, advanced practice registered nurses,
17physician assistants, and nurses for the care and treatment of
18the sick, poor, mentally ill or persons in need of mental
19treatment of said county shall be made only in conformity with
20rules prescribed by the County Civil Service Commission to
21accomplish the purposes of this Section.
22 The Board of Commissioners of Cook County may provide that
23all such physicians and surgeons who serve without compensation
24shall be appointed for a term to be fixed by the Board, and

HB0313 Enrolled- 107 -LRB100 04130 SMS 14135 b
1that the physicians and surgeons usually designated and known
2as interns shall be appointed for a term to be fixed by the
3Board: Provided, that there may also, at the discretion of the
4board, be a consulting staff of physicians and surgeons, which
5staff may be appointed by the president, subject to the
6approval of the board, and provided further, that the Board may
7contract with any recognized training school or any program for
8health professionals for health care services of any or all of
9such sick or mentally ill or persons in need of mental
10treatment.
11(Source: P.A. 99-581, eff. 1-1-17.)
12 (55 ILCS 5/3-15003.6)
13 Sec. 3-15003.6. Pregnant female prisoners.
14 (a) Definitions. For the purpose of this Section:
15 (1) "Restraints" means any physical restraint or
16 mechanical device used to control the movement of a
17 prisoner's body or limbs, or both, including, but not
18 limited to, flex cuffs, soft restraints, hard metal
19 handcuffs, a black box, Chubb cuffs, leg irons, belly
20 chains, a security (tether) chain, or a convex shield, or
21 shackles of any kind.
22 (2) "Labor" means the period of time before a birth and
23 shall include any medical condition in which a woman is
24 sent or brought to the hospital for the purpose of
25 delivering her baby. These situations include: induction

HB0313 Enrolled- 108 -LRB100 04130 SMS 14135 b
1 of labor, prodromal labor, pre-term labor, prelabor
2 rupture of membranes, the 3 stages of active labor, uterine
3 hemorrhage during the third trimester of pregnancy, and
4 caesarian delivery including pre-operative preparation.
5 (3) "Post-partum" means, as determined by her
6 physician, advanced practice registered nurse, or
7 physician assistant, the period immediately following
8 delivery, including the entire period a woman is in the
9 hospital or infirmary after birth.
10 (4) "Correctional institution" means any entity under
11 the authority of a county law enforcement division of a
12 county of more than 3,000,000 inhabitants that has the
13 power to detain or restrain, or both, a person under the
14 laws of the State.
15 (5) "Corrections official" means the official that is
16 responsible for oversight of a correctional institution,
17 or his or her designee.
18 (6) "Prisoner" means any person incarcerated or
19 detained in any facility who is accused of, convicted of,
20 sentenced for, or adjudicated delinquent for, violations
21 of criminal law or the terms and conditions of parole,
22 probation, pretrial release, or diversionary program, and
23 any person detained under the immigration laws of the
24 United States at any correctional facility.
25 (7) "Extraordinary circumstance" means an
26 extraordinary medical or security circumstance, including

HB0313 Enrolled- 109 -LRB100 04130 SMS 14135 b
1 a substantial flight risk, that dictates restraints be used
2 to ensure the safety and security of the prisoner, the
3 staff of the correctional institution or medical facility,
4 other prisoners, or the public.
5 (b) A county department of corrections shall not apply
6security restraints to a prisoner that has been determined by a
7qualified medical professional to be pregnant and is known by
8the county department of corrections to be pregnant or in
9postpartum recovery, which is the entire period a woman is in
10the medical facility after birth, unless the corrections
11official makes an individualized determination that the
12prisoner presents a substantial flight risk or some other
13extraordinary circumstance that dictates security restraints
14be used to ensure the safety and security of the prisoner, her
15child or unborn child, the staff of the county department of
16corrections or medical facility, other prisoners, or the
17public. The protections set out in clauses (b)(3) and (b)(4) of
18this Section shall apply to security restraints used pursuant
19to this subsection. The corrections official shall immediately
20remove all restraints upon the written or oral request of
21medical personnel. Oral requests made by medical personnel
22shall be verified in writing as promptly as reasonably
23possible.
24 (1) Qualified authorized health staff shall have the
25 authority to order therapeutic restraints for a pregnant or
26 postpartum prisoner who is a danger to herself, her child,

HB0313 Enrolled- 110 -LRB100 04130 SMS 14135 b
1 unborn child, or other persons due to a psychiatric or
2 medical disorder. Therapeutic restraints may only be
3 initiated, monitored and discontinued by qualified and
4 authorized health staff and used to safely limit a
5 prisoner's mobility for psychiatric or medical reasons. No
6 order for therapeutic restraints shall be written unless
7 medical or mental health personnel, after personally
8 observing and examining the prisoner, are clinically
9 satisfied that the use of therapeutic restraints is
10 justified and permitted in accordance with hospital
11 policies and applicable State law. Metal handcuffs or
12 shackles are not considered therapeutic restraints.
13 (2) Whenever therapeutic restraints are used by
14 medical personnel, Section 2-108 of the Mental Health and
15 Developmental Disabilities Code shall apply.
16 (3) Leg irons, shackles or waist shackles shall not be
17 used on any pregnant or postpartum prisoner regardless of
18 security classification. Except for therapeutic restraints
19 under clause (b)(2), no restraints of any kind may be
20 applied to prisoners during labor.
21 (4) When a pregnant or postpartum prisoner must be
22 restrained, restraints used shall be the least restrictive
23 restraints possible to ensure the safety and security of
24 the prisoner, her child, unborn child, the staff of the
25 county department of corrections or medical facility,
26 other prisoners, or the public, and in no case shall

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1 include leg irons, shackles or waist shackles.
2 (5) Upon the pregnant prisoner's entry into a hospital
3 room, and completion of initial room inspection, a
4 corrections official shall be posted immediately outside
5 the hospital room, unless requested to be in the room by
6 medical personnel attending to the prisoner's medical
7 needs.
8 (6) The county department of corrections shall provide
9 adequate corrections personnel to monitor the pregnant
10 prisoner during her transport to and from the hospital and
11 during her stay at the hospital.
12 (7) Where the county department of corrections
13 requires prisoner safety assessments, a corrections
14 official may enter the hospital room to conduct periodic
15 prisoner safety assessments, except during a medical
16 examination or the delivery process.
17 (8) Upon discharge from a medical facility, postpartum
18 prisoners shall be restrained only with handcuffs in front
19 of the body during transport to the county department of
20 corrections. A corrections official shall immediately
21 remove all security restraints upon written or oral request
22 by medical personnel. Oral requests made by medical
23 personnel shall be verified in writing as promptly as
24 reasonably possible.
25 (c) Enforcement. No later than 30 days before the end of
26each fiscal year, the county sheriff or corrections official of

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1the correctional institution where a pregnant prisoner has been
2restrained during that previous fiscal year, shall submit a
3written report to the Illinois General Assembly and the Office
4of the Governor that includes an account of every instance of
5prisoner restraint pursuant to this Section. The written report
6shall state the date, time, location and rationale for each
7instance in which restraints are used. The written report shall
8not contain any individually identifying information of any
9prisoner. Such reports shall be made available for public
10inspection.
11(Source: P.A. 99-581, eff. 1-1-17.)
12 (55 ILCS 5/5-1069) (from Ch. 34, par. 5-1069)
13 Sec. 5-1069. Group life, health, accident, hospital, and
14medical insurance.
15 (a) The county board of any county may arrange to provide,
16for the benefit of employees of the county, group life, health,
17accident, hospital, and medical insurance, or any one or any
18combination of those types of insurance, or the county board
19may self-insure, for the benefit of its employees, all or a
20portion of the employees' group life, health, accident,
21hospital, and medical insurance, or any one or any combination
22of those types of insurance, including a combination of
23self-insurance and other types of insurance authorized by this
24Section, provided that the county board complies with all other
25requirements of this Section. The insurance may include

HB0313 Enrolled- 113 -LRB100 04130 SMS 14135 b
1provision for employees who rely on treatment by prayer or
2spiritual means alone for healing in accordance with the tenets
3and practice of a well recognized religious denomination. The
4county board may provide for payment by the county of a portion
5or all of the premium or charge for the insurance with the
6employee paying the balance of the premium or charge, if any.
7If the county board undertakes a plan under which the county
8pays only a portion of the premium or charge, the county board
9shall provide for withholding and deducting from the
10compensation of those employees who consent to join the plan
11the balance of the premium or charge for the insurance.
12 (b) If the county board does not provide for self-insurance
13or for a plan under which the county pays a portion or all of
14the premium or charge for a group insurance plan, the county
15board may provide for withholding and deducting from the
16compensation of those employees who consent thereto the total
17premium or charge for any group life, health, accident,
18hospital, and medical insurance.
19 (c) The county board may exercise the powers granted in
20this Section only if it provides for self-insurance or, where
21it makes arrangements to provide group insurance through an
22insurance carrier, if the kinds of group insurance are obtained
23from an insurance company authorized to do business in the
24State of Illinois. The county board may enact an ordinance
25prescribing the method of operation of the insurance program.
26 (d) If a county, including a home rule county, is a

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1self-insurer for purposes of providing health insurance
2coverage for its employees, the insurance coverage shall
3include screening by low-dose mammography for all women 35
4years of age or older for the presence of occult breast cancer
5unless the county elects to provide mammograms itself under
6Section 5-1069.1. The coverage shall be as follows:
7 (1) A baseline mammogram for women 35 to 39 years of
8 age.
9 (2) An annual mammogram for women 40 years of age or
10 older.
11 (3) A mammogram at the age and intervals considered
12 medically necessary by the woman's health care provider for
13 women under 40 years of age and having a family history of
14 breast cancer, prior personal history of breast cancer,
15 positive genetic testing, or other risk factors.
16 (4) A comprehensive ultrasound screening of an entire
17 breast or breasts if a mammogram demonstrates
18 heterogeneous or dense breast tissue, when medically
19 necessary as determined by a physician licensed to practice
20 medicine in all of its branches, advanced practice
21 registered nurse, or physician assistant.
22 For purposes of this subsection, "low-dose mammography"
23means the x-ray examination of the breast using equipment
24dedicated specifically for mammography, including the x-ray
25tube, filter, compression device, and image receptor, with an
26average radiation exposure delivery of less than one rad per

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1breast for 2 views of an average size breast. The term also
2includes digital mammography.
3 (d-5) Coverage as described by subsection (d) shall be
4provided at no cost to the insured and shall not be applied to
5an annual or lifetime maximum benefit.
6 (d-10) When health care services are available through
7contracted providers and a person does not comply with plan
8provisions specific to the use of contracted providers, the
9requirements of subsection (d-5) are not applicable. When a
10person does not comply with plan provisions specific to the use
11of contracted providers, plan provisions specific to the use of
12non-contracted providers must be applied without distinction
13for coverage required by this Section and shall be at least as
14favorable as for other radiological examinations covered by the
15policy or contract.
16 (d-15) If a county, including a home rule county, is a
17self-insurer for purposes of providing health insurance
18coverage for its employees, the insurance coverage shall
19include mastectomy coverage, which includes coverage for
20prosthetic devices or reconstructive surgery incident to the
21mastectomy. Coverage for breast reconstruction in connection
22with a mastectomy shall include:
23 (1) reconstruction of the breast upon which the
24 mastectomy has been performed;
25 (2) surgery and reconstruction of the other breast to
26 produce a symmetrical appearance; and

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1 (3) prostheses and treatment for physical
2 complications at all stages of mastectomy, including
3 lymphedemas.
4Care shall be determined in consultation with the attending
5physician and the patient. The offered coverage for prosthetic
6devices and reconstructive surgery shall be subject to the
7deductible and coinsurance conditions applied to the
8mastectomy, and all other terms and conditions applicable to
9other benefits. When a mastectomy is performed and there is no
10evidence of malignancy then the offered coverage may be limited
11to the provision of prosthetic devices and reconstructive
12surgery to within 2 years after the date of the mastectomy. As
13used in this Section, "mastectomy" means the removal of all or
14part of the breast for medically necessary reasons, as
15determined by a licensed physician.
16 A county, including a home rule county, that is a
17self-insurer for purposes of providing health insurance
18coverage for its employees, may not penalize or reduce or limit
19the reimbursement of an attending provider or provide
20incentives (monetary or otherwise) to an attending provider to
21induce the provider to provide care to an insured in a manner
22inconsistent with this Section.
23 (d-20) The requirement that mammograms be included in
24health insurance coverage as provided in subsections (d)
25through (d-15) is an exclusive power and function of the State
26and is a denial and limitation under Article VII, Section 6,

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1subsection (h) of the Illinois Constitution of home rule county
2powers. A home rule county to which subsections (d) through
3(d-15) apply must comply with every provision of those
4subsections.
5 (e) The term "employees" as used in this Section includes
6elected or appointed officials but does not include temporary
7employees.
8 (f) The county board may, by ordinance, arrange to provide
9group life, health, accident, hospital, and medical insurance,
10or any one or a combination of those types of insurance, under
11this Section to retired former employees and retired former
12elected or appointed officials of the county.
13 (g) Rulemaking authority to implement this amendatory Act
14of the 95th General Assembly, if any, is conditioned on the
15rules being adopted in accordance with all provisions of the
16Illinois Administrative Procedure Act and all rules and
17procedures of the Joint Committee on Administrative Rules; any
18purported rule not so adopted, for whatever reason, is
19unauthorized.
20(Source: P.A. 99-581, eff. 1-1-17.)
21 Section 80. The Illinois Municipal Code is amended by
22changing Sections 10-1-38.1 and 10-2.1-18 as follows:
23 (65 ILCS 5/10-1-38.1) (from Ch. 24, par. 10-1-38.1)
24 Sec. 10-1-38.1. When the force of the Fire Department or of

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1the Police Department is reduced, and positions displaced or
2abolished, seniority shall prevail, and the officers and
3members so reduced in rank, or removed from the service of the
4Fire Department or of the Police Department shall be considered
5furloughed without pay from the positions from which they were
6reduced or removed.
7 Such reductions and removals shall be in strict compliance
8with seniority and in no event shall any officer or member be
9reduced more than one rank in a reduction of force. Officers
10and members with the least seniority in the position to be
11reduced shall be reduced to the next lower rated position. For
12purposes of determining which officers and members will be
13reduced in rank, seniority shall be determined by adding the
14time spent at the rank or position from which the officer or
15member is to be reduced and the time spent at any higher rank
16or position in the Department. For purposes of determining
17which officers or members in the lowest rank or position shall
18be removed from the Department in the event of a layoff, length
19of service in the Department shall be the basis for determining
20seniority, with the least senior such officer or member being
21the first so removed and laid off. Such officers or members
22laid off shall have their names placed on an appropriate
23reemployment list in the reverse order of dates of layoff.
24 If any positions which have been vacated because of
25reduction in forces or displacement and abolition of positions,
26are reinstated, such members and officers of the Fire

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1Department or of the Police Department as are furloughed from
2the said positions shall be notified by registered mail of such
3reinstatement of positions and shall have prior right to such
4positions if otherwise qualified, and in all cases seniority
5shall prevail. Written application for such reinstated
6position must be made by the furloughed person within 30 days
7after notification as above provided and such person may be
8required to submit to examination by physicians, advanced
9practice registered nurses, or physician assistants of both the
10commission and the appropriate pension board to determine his
11physical fitness.
12(Source: P.A. 99-581, eff. 1-1-17.)
13 (65 ILCS 5/10-2.1-18) (from Ch. 24, par. 10-2.1-18)
14 Sec. 10-2.1-18. Fire or police departments - Reduction of
15force - Reinstatement. When the force of the fire department or
16of the police department is reduced, and positions displaced or
17abolished, seniority shall prevail and the officers and members
18so reduced in rank, or removed from the service of the fire
19department or of the police department shall be considered
20furloughed without pay from the positions from which they were
21reduced or removed.
22 Such reductions and removals shall be in strict compliance
23with seniority and in no event shall any officer or member be
24reduced more than one rank in a reduction of force. Officers
25and members with the least seniority in the position to be

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1reduced shall be reduced to the next lower rated position. For
2purposes of determining which officers and members will be
3reduced in rank, seniority shall be determined by adding the
4time spent at the rank or position from which the officer or
5member is to be reduced and the time spent at any higher rank
6or position in the Department. For purposes of determining
7which officers or members in the lowest rank or position shall
8be removed from the Department in the event of a layoff, length
9of service in the Department shall be the basis for determining
10seniority, with the least senior such officer or member being
11the first so removed and laid off. Such officers or members
12laid off shall have their names placed on an appropriate
13reemployment list in the reverse order of dates of layoff.
14 If any positions which have been vacated because of
15reduction in forces or displacement and abolition of positions,
16are reinstated, such members and officers of the fire
17department or of the police department as are furloughed from
18the said positions shall be notified by the board by registered
19mail of such reinstatement of positions and shall have prior
20right to such positions if otherwise qualified, and in all
21cases seniority shall prevail. Written application for such
22reinstated position must be made by the furloughed person
23within 30 days after notification as above provided and such
24person may be required to submit to examination by physicians,
25advanced practice registered nurses, or physician assistants
26of both the board of fire and police commissioners and the

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1appropriate pension board to determine his physical fitness.
2(Source: P.A. 99-581, eff. 1-1-17.)
3 Section 85. The School Code is amended by changing Sections
422-30, 22-80, 24-5, 24-6, 26-1, and 27-8.1 as follows:
5 (105 ILCS 5/22-30)
6 Sec. 22-30. Self-administration and self-carry of asthma
7medication and epinephrine auto-injectors; administration of
8undesignated epinephrine auto-injectors; administration of an
9opioid antagonist; asthma episode emergency response protocol.
10 (a) For the purpose of this Section only, the following
11terms shall have the meanings set forth below:
12 "Asthma action plan" means a written plan developed with a
13pupil's medical provider to help control the pupil's asthma.
14The goal of an asthma action plan is to reduce or prevent
15flare-ups and emergency department visits through day-to-day
16management and to serve as a student-specific document to be
17referenced in the event of an asthma episode.
18 "Asthma episode emergency response protocol" means a
19procedure to provide assistance to a pupil experiencing
20symptoms of wheezing, coughing, shortness of breath, chest
21tightness, or breathing difficulty.
22 "Asthma inhaler" means a quick reliever asthma inhaler.
23 "Epinephrine auto-injector" means a single-use device used
24for the automatic injection of a pre-measured dose of

HB0313 Enrolled- 122 -LRB100 04130 SMS 14135 b
1epinephrine into the human body.
2 "Asthma medication" means a medicine, prescribed by (i) a
3physician licensed to practice medicine in all its branches,
4(ii) a licensed physician assistant with prescriptive
5authority, or (iii) a licensed advanced practice registered
6nurse with prescriptive authority for a pupil that pertains to
7the pupil's asthma and that has an individual prescription
8label.
9 "Opioid antagonist" means a drug that binds to opioid
10receptors and blocks or inhibits the effect of opioids acting
11on those receptors, including, but not limited to, naloxone
12hydrochloride or any other similarly acting drug approved by
13the U.S. Food and Drug Administration.
14 "School nurse" means a registered nurse working in a school
15with or without licensure endorsed in school nursing.
16 "Self-administration" means a pupil's discretionary use of
17his or her prescribed asthma medication or epinephrine
18auto-injector.
19 "Self-carry" means a pupil's ability to carry his or her
20prescribed asthma medication or epinephrine auto-injector.
21 "Standing protocol" may be issued by (i) a physician
22licensed to practice medicine in all its branches, (ii) a
23licensed physician assistant with prescriptive authority, or
24(iii) a licensed advanced practice registered nurse with
25prescriptive authority.
26 "Trained personnel" means any school employee or volunteer

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1personnel authorized in Sections 10-22.34, 10-22.34a, and
210-22.34b of this Code who has completed training under
3subsection (g) of this Section to recognize and respond to
4anaphylaxis.
5 "Undesignated epinephrine auto-injector" means an
6epinephrine auto-injector prescribed in the name of a school
7district, public school, or nonpublic school.
8 (b) A school, whether public or nonpublic, must permit the
9self-administration and self-carry of asthma medication by a
10pupil with asthma or the self-administration and self-carry of
11an epinephrine auto-injector by a pupil, provided that:
12 (1) the parents or guardians of the pupil provide to
13 the school (i) written authorization from the parents or
14 guardians for (A) the self-administration and self-carry
15 of asthma medication or (B) the self-carry of asthma
16 medication or (ii) for (A) the self-administration and
17 self-carry of an epinephrine auto-injector or (B) the
18 self-carry of an epinephrine auto-injector, written
19 authorization from the pupil's physician, physician
20 assistant, or advanced practice registered nurse; and
21 (2) the parents or guardians of the pupil provide to
22 the school (i) the prescription label, which must contain
23 the name of the asthma medication, the prescribed dosage,
24 and the time at which or circumstances under which the
25 asthma medication is to be administered, or (ii) for the
26 self-administration or self-carry of an epinephrine

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1 auto-injector, a written statement from the pupil's
2 physician, physician assistant, or advanced practice
3 registered nurse containing the following information:
4 (A) the name and purpose of the epinephrine
5 auto-injector;
6 (B) the prescribed dosage; and
7 (C) the time or times at which or the special
8 circumstances under which the epinephrine
9 auto-injector is to be administered.
10The information provided shall be kept on file in the office of
11the school nurse or, in the absence of a school nurse, the
12school's administrator.
13 (b-5) A school district, public school, or nonpublic school
14may authorize the provision of a student-specific or
15undesignated epinephrine auto-injector to a student or any
16personnel authorized under a student's Individual Health Care
17Action Plan, Illinois Food Allergy Emergency Action Plan and
18Treatment Authorization Form, or plan pursuant to Section 504
19of the federal Rehabilitation Act of 1973 to administer an
20epinephrine auto-injector to the student, that meets the
21student's prescription on file.
22 (b-10) The school district, public school, or nonpublic
23school may authorize a school nurse or trained personnel to do
24the following: (i) provide an undesignated epinephrine
25auto-injector to a student for self-administration only or any
26personnel authorized under a student's Individual Health Care

HB0313 Enrolled- 125 -LRB100 04130 SMS 14135 b
1Action Plan, Illinois Food Allergy Emergency Action Plan and
2Treatment Authorization Form, or plan pursuant to Section 504
3of the federal Rehabilitation Act of 1973 to administer to the
4student, that meets the student's prescription on file; (ii)
5administer an undesignated epinephrine auto-injector that
6meets the prescription on file to any student who has an
7Individual Health Care Action Plan, Illinois Food Allergy
8Emergency Action Plan and Treatment Authorization Form, or plan
9pursuant to Section 504 of the federal Rehabilitation Act of
101973 that authorizes the use of an epinephrine auto-injector;
11(iii) administer an undesignated epinephrine auto-injector to
12any person that the school nurse or trained personnel in good
13faith believes is having an anaphylactic reaction; and (iv)
14administer an opioid antagonist to any person that the school
15nurse or trained personnel in good faith believes is having an
16opioid overdose.
17 (c) The school district, public school, or nonpublic school
18must inform the parents or guardians of the pupil, in writing,
19that the school district, public school, or nonpublic school
20and its employees and agents, including a physician, physician
21assistant, or advanced practice registered nurse providing
22standing protocol or prescription for school epinephrine
23auto-injectors, are to incur no liability or professional
24discipline, except for willful and wanton conduct, as a result
25of any injury arising from the administration of asthma
26medication, an epinephrine auto-injector, or an opioid

HB0313 Enrolled- 126 -LRB100 04130 SMS 14135 b
1antagonist regardless of whether authorization was given by the
2pupil's parents or guardians or by the pupil's physician,
3physician assistant, or advanced practice registered nurse.
4The parents or guardians of the pupil must sign a statement
5acknowledging that the school district, public school, or
6nonpublic school and its employees and agents are to incur no
7liability, except for willful and wanton conduct, as a result
8of any injury arising from the administration of asthma
9medication, an epinephrine auto-injector, or an opioid
10antagonist regardless of whether authorization was given by the
11pupil's parents or guardians or by the pupil's physician,
12physician assistant, or advanced practice registered nurse and
13that the parents or guardians must indemnify and hold harmless
14the school district, public school, or nonpublic school and its
15employees and agents against any claims, except a claim based
16on willful and wanton conduct, arising out of the
17administration of asthma medication, an epinephrine
18auto-injector, or an opioid antagonist regardless of whether
19authorization was given by the pupil's parents or guardians or
20by the pupil's physician, physician assistant, or advanced
21practice registered nurse.
22 (c-5) When a school nurse or trained personnel administers
23an undesignated epinephrine auto-injector to a person whom the
24school nurse or trained personnel in good faith believes is
25having an anaphylactic reaction or administers an opioid
26antagonist to a person whom the school nurse or trained

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1personnel in good faith believes is having an opioid overdose,
2notwithstanding the lack of notice to the parents or guardians
3of the pupil or the absence of the parents or guardians signed
4statement acknowledging no liability, except for willful and
5wanton conduct, the school district, public school, or
6nonpublic school and its employees and agents, and a physician,
7a physician assistant, or an advanced practice registered nurse
8providing standing protocol or prescription for undesignated
9epinephrine auto-injectors, are to incur no liability or
10professional discipline, except for willful and wanton
11conduct, as a result of any injury arising from the use of an
12undesignated epinephrine auto-injector or the use of an opioid
13antagonist regardless of whether authorization was given by the
14pupil's parents or guardians or by the pupil's physician,
15physician assistant, or advanced practice registered nurse.
16 (d) The permission for self-administration and self-carry
17of asthma medication or the self-administration and self-carry
18of an epinephrine auto-injector is effective for the school
19year for which it is granted and shall be renewed each
20subsequent school year upon fulfillment of the requirements of
21this Section.
22 (e) Provided that the requirements of this Section are
23fulfilled, a pupil with asthma may self-administer and
24self-carry his or her asthma medication or a pupil may
25self-administer and self-carry an epinephrine auto-injector
26(i) while in school, (ii) while at a school-sponsored activity,

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1(iii) while under the supervision of school personnel, or (iv)
2before or after normal school activities, such as while in
3before-school or after-school care on school-operated property
4or while being transported on a school bus.
5 (e-5) Provided that the requirements of this Section are
6fulfilled, a school nurse or trained personnel may administer
7an undesignated epinephrine auto-injector to any person whom
8the school nurse or trained personnel in good faith believes to
9be having an anaphylactic reaction (i) while in school, (ii)
10while at a school-sponsored activity, (iii) while under the
11supervision of school personnel, or (iv) before or after normal
12school activities, such as while in before-school or
13after-school care on school-operated property or while being
14transported on a school bus. A school nurse or trained
15personnel may carry undesignated epinephrine auto-injectors on
16his or her person while in school or at a school-sponsored
17activity.
18 (e-10) Provided that the requirements of this Section are
19fulfilled, a school nurse or trained personnel may administer
20an opioid antagonist to any person whom the school nurse or
21trained personnel in good faith believes to be having an opioid
22overdose (i) while in school, (ii) while at a school-sponsored
23activity, (iii) while under the supervision of school
24personnel, or (iv) before or after normal school activities,
25such as while in before-school or after-school care on
26school-operated property. A school nurse or trained personnel

HB0313 Enrolled- 129 -LRB100 04130 SMS 14135 b
1may carry an opioid antagonist on their person while in school
2or at a school-sponsored activity.
3 (f) The school district, public school, or nonpublic school
4may maintain a supply of undesignated epinephrine
5auto-injectors in any secure location that is accessible
6before, during, and after school where an allergic person is
7most at risk, including, but not limited to, classrooms and
8lunchrooms. A physician, a physician assistant who has been
9delegated prescriptive authority in accordance with Section
107.5 of the Physician Assistant Practice Act of 1987, or an
11advanced practice registered nurse who has been delegated
12prescriptive authority in accordance with Section 65-40 of the
13Nurse Practice Act may prescribe undesignated epinephrine
14auto-injectors in the name of the school district, public
15school, or nonpublic school to be maintained for use when
16necessary. Any supply of epinephrine auto-injectors shall be
17maintained in accordance with the manufacturer's instructions.
18 The school district, public school, or nonpublic school may
19maintain a supply of an opioid antagonist in any secure
20location where an individual may have an opioid overdose. A
21health care professional who has been delegated prescriptive
22authority for opioid antagonists in accordance with Section
235-23 of the Alcoholism and Other Drug Abuse and Dependency Act
24may prescribe opioid antagonists in the name of the school
25district, public school, or nonpublic school, to be maintained
26for use when necessary. Any supply of opioid antagonists shall

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1be maintained in accordance with the manufacturer's
2instructions.
3 (f-3) Whichever entity initiates the process of obtaining
4undesignated epinephrine auto-injectors and providing training
5to personnel for carrying and administering undesignated
6epinephrine auto-injectors shall pay for the costs of the
7undesignated epinephrine auto-injectors.
8 (f-5) Upon any administration of an epinephrine
9auto-injector, a school district, public school, or nonpublic
10school must immediately activate the EMS system and notify the
11student's parent, guardian, or emergency contact, if known.
12 Upon any administration of an opioid antagonist, a school
13district, public school, or nonpublic school must immediately
14activate the EMS system and notify the student's parent,
15guardian, or emergency contact, if known.
16 (f-10) Within 24 hours of the administration of an
17undesignated epinephrine auto-injector, a school district,
18public school, or nonpublic school must notify the physician,
19physician assistant, or advanced practice registered nurse who
20provided the standing protocol or prescription for the
21undesignated epinephrine auto-injector of its use.
22 Within 24 hours after the administration of an opioid
23antagonist, a school district, public school, or nonpublic
24school must notify the health care professional who provided
25the prescription for the opioid antagonist of its use.
26 (g) Prior to the administration of an undesignated

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1epinephrine auto-injector, trained personnel must submit to
2their school's administration proof of completion of a training
3curriculum to recognize and respond to anaphylaxis that meets
4the requirements of subsection (h) of this Section. Training
5must be completed annually. their The school district, public
6school, or nonpublic school must maintain records related to
7the training curriculum and trained personnel.
8 Prior to the administration of an opioid antagonist,
9trained personnel must submit to their school's administration
10proof of completion of a training curriculum to recognize and
11respond to an opioid overdose, which curriculum must meet the
12requirements of subsection (h-5) of this Section. Training must
13be completed annually. Trained personnel must also submit to
14the school's administration proof of cardiopulmonary
15resuscitation and automated external defibrillator
16certification. The school district, public school, or
17nonpublic school must maintain records relating to the training
18curriculum and the trained personnel.
19 (h) A training curriculum to recognize and respond to
20anaphylaxis, including the administration of an undesignated
21epinephrine auto-injector, may be conducted online or in
22person.
23 Training shall include, but is not limited to:
24 (1) how to recognize signs and symptoms of an allergic
25 reaction, including anaphylaxis;
26 (2) how to administer an epinephrine auto-injector;

HB0313 Enrolled- 132 -LRB100 04130 SMS 14135 b
1 and
2 (3) a test demonstrating competency of the knowledge
3 required to recognize anaphylaxis and administer an
4 epinephrine auto-injector.
5 Training may also include, but is not limited to:
6 (A) a review of high-risk areas within a school and its
7 related facilities;
8 (B) steps to take to prevent exposure to allergens;
9 (C) emergency follow-up procedures;
10 (D) how to respond to a student with a known allergy,
11 as well as a student with a previously unknown allergy; and
12 (E) other criteria as determined in rules adopted
13 pursuant to this Section.
14 In consultation with statewide professional organizations
15representing physicians licensed to practice medicine in all of
16its branches, registered nurses, and school nurses, the State
17Board of Education shall make available resource materials
18consistent with criteria in this subsection (h) for educating
19trained personnel to recognize and respond to anaphylaxis. The
20State Board may take into consideration the curriculum on this
21subject developed by other states, as well as any other
22curricular materials suggested by medical experts and other
23groups that work on life-threatening allergy issues. The State
24Board is not required to create new resource materials. The
25State Board shall make these resource materials available on
26its Internet website.

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1 (h-5) A training curriculum to recognize and respond to an
2opioid overdose, including the administration of an opioid
3antagonist, may be conducted online or in person. The training
4must comply with any training requirements under Section 5-23
5of the Alcoholism and Other Drug Abuse and Dependency Act and
6the corresponding rules. It must include, but is not limited
7to:
8 (1) how to recognize symptoms of an opioid overdose;
9 (2) information on drug overdose prevention and
10 recognition;
11 (3) how to perform rescue breathing and resuscitation;
12 (4) how to respond to an emergency involving an opioid
13 overdose;
14 (5) opioid antagonist dosage and administration;
15 (6) the importance of calling 911;
16 (7) care for the overdose victim after administration
17 of the overdose antagonist;
18 (8) a test demonstrating competency of the knowledge
19 required to recognize an opioid overdose and administer a
20 dose of an opioid antagonist; and
21 (9) other criteria as determined in rules adopted
22 pursuant to this Section.
23 (i) Within 3 days after the administration of an
24undesignated epinephrine auto-injector by a school nurse,
25trained personnel, or a student at a school or school-sponsored
26activity, the school must report to the State Board of

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1Education in a form and manner prescribed by the State Board
2the following information:
3 (1) age and type of person receiving epinephrine
4 (student, staff, visitor);
5 (2) any previously known diagnosis of a severe allergy;
6 (3) trigger that precipitated allergic episode;
7 (4) location where symptoms developed;
8 (5) number of doses administered;
9 (6) type of person administering epinephrine (school
10 nurse, trained personnel, student); and
11 (7) any other information required by the State Board.
12 If a school district, public school, or nonpublic school
13maintains or has an independent contractor providing
14transportation to students who maintains a supply of
15undesignated epinephrine auto-injectors, then the school
16district, public school, or nonpublic school must report that
17information to the State Board of Education upon adoption or
18change of the policy of the school district, public school,
19nonpublic school, or independent contractor, in a manner as
20prescribed by the State Board. The report must include the
21number of undesignated epinephrine auto-injectors in supply.
22 (i-5) Within 3 days after the administration of an opioid
23antagonist by a school nurse or trained personnel, the school
24must report to the State Board of Education, in a form and
25manner prescribed by the State Board, the following
26information:

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1 (1) the age and type of person receiving the opioid
2 antagonist (student, staff, or visitor);
3 (2) the location where symptoms developed;
4 (3) the type of person administering the opioid
5 antagonist (school nurse or trained personnel); and
6 (4) any other information required by the State Board.
7 (j) By October 1, 2015 and every year thereafter, the State
8Board of Education shall submit a report to the General
9Assembly identifying the frequency and circumstances of
10epinephrine administration during the preceding academic year.
11Beginning with the 2017 report, the report shall also contain
12information on which school districts, public schools, and
13nonpublic schools maintain or have independent contractors
14providing transportation to students who maintain a supply of
15undesignated epinephrine auto-injectors. This report shall be
16published on the State Board's Internet website on the date the
17report is delivered to the General Assembly.
18 (j-5) Annually, each school district, public school,
19charter school, or nonpublic school shall request an asthma
20action plan from the parents or guardians of a pupil with
21asthma. If provided, the asthma action plan must be kept on
22file in the office of the school nurse or, in the absence of a
23school nurse, the school administrator. Copies of the asthma
24action plan may be distributed to appropriate school staff who
25interact with the pupil on a regular basis, and, if applicable,
26may be attached to the pupil's federal Section 504 plan or

HB0313 Enrolled- 136 -LRB100 04130 SMS 14135 b
1individualized education program plan.
2 (j-10) To assist schools with emergency response
3procedures for asthma, the State Board of Education, in
4consultation with statewide professional organizations with
5expertise in asthma management and a statewide organization
6representing school administrators, shall develop a model
7asthma episode emergency response protocol before September 1,
82016. Each school district, charter school, and nonpublic
9school shall adopt an asthma episode emergency response
10protocol before January 1, 2017 that includes all of the
11components of the State Board's model protocol.
12 (j-15) Every 2 years, school personnel who work with pupils
13shall complete an in-person or online training program on the
14management of asthma, the prevention of asthma symptoms, and
15emergency response in the school setting. In consultation with
16statewide professional organizations with expertise in asthma
17management, the State Board of Education shall make available
18resource materials for educating school personnel about asthma
19and emergency response in the school setting.
20 (j-20) On or before October 1, 2016 and every year
21thereafter, the State Board of Education shall submit a report
22to the General Assembly and the Department of Public Health
23identifying the frequency and circumstances of opioid
24antagonist administration during the preceding academic year.
25This report shall be published on the State Board's Internet
26website on the date the report is delivered to the General

HB0313 Enrolled- 137 -LRB100 04130 SMS 14135 b
1Assembly.
2 (k) The State Board of Education may adopt rules necessary
3to implement this Section.
4 (l) Nothing in this Section shall limit the amount of
5epinephrine auto-injectors that any type of school or student
6may carry or maintain a supply of.
7(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
899-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;
999-843, eff. 8-19-16; revised 9-8-16.)
10 (105 ILCS 5/22-80)
11 Sec. 22-80. Student athletes; concussions and head
12injuries.
13 (a) The General Assembly recognizes all of the following:
14 (1) Concussions are one of the most commonly reported
15 injuries in children and adolescents who participate in
16 sports and recreational activities. The Centers for
17 Disease Control and Prevention estimates that as many as
18 3,900,000 sports-related and recreation-related
19 concussions occur in the United States each year. A
20 concussion is caused by a blow or motion to the head or
21 body that causes the brain to move rapidly inside the
22 skull. The risk of catastrophic injuries or death are
23 significant when a concussion or head injury is not
24 properly evaluated and managed.
25 (2) Concussions are a type of brain injury that can

HB0313 Enrolled- 138 -LRB100 04130 SMS 14135 b
1 range from mild to severe and can disrupt the way the brain
2 normally works. Concussions can occur in any organized or
3 unorganized sport or recreational activity and can result
4 from a fall or from players colliding with each other, the
5 ground, or with obstacles. Concussions occur with or
6 without loss of consciousness, but the vast majority of
7 concussions occur without loss of consciousness.
8 (3) Continuing to play with a concussion or symptoms of
9 a head injury leaves a young athlete especially vulnerable
10 to greater injury and even death. The General Assembly
11 recognizes that, despite having generally recognized
12 return-to-play standards for concussions and head
13 injuries, some affected youth athletes are prematurely
14 returned to play, resulting in actual or potential physical
15 injury or death to youth athletes in this State.
16 (4) Student athletes who have sustained a concussion
17 may need informal or formal accommodations, modifications
18 of curriculum, and monitoring by medical or academic staff
19 until the student is fully recovered. To that end, all
20 schools are encouraged to establish a return-to-learn
21 protocol that is based on peer-reviewed scientific
22 evidence consistent with Centers for Disease Control and
23 Prevention guidelines and conduct baseline testing for
24 student athletes.
25 (b) In this Section:
26 "Athletic trainer" means an athletic trainer licensed

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1under the Illinois Athletic Trainers Practice Act.
2 "Coach" means any volunteer or employee of a school who is
3responsible for organizing and supervising students to teach
4them or train them in the fundamental skills of an
5interscholastic athletic activity. "Coach" refers to both head
6coaches and assistant coaches.
7 "Concussion" means a complex pathophysiological process
8affecting the brain caused by a traumatic physical force or
9impact to the head or body, which may include temporary or
10prolonged altered brain function resulting in physical,
11cognitive, or emotional symptoms or altered sleep patterns and
12which may or may not involve a loss of consciousness.
13 "Department" means the Department of Financial and
14Professional Regulation.
15 "Game official" means a person who officiates at an
16interscholastic athletic activity, such as a referee or umpire,
17including, but not limited to, persons enrolled as game
18officials by the Illinois High School Association or Illinois
19Elementary School Association.
20 "Interscholastic athletic activity" means any organized
21school-sponsored or school-sanctioned activity for students,
22generally outside of school instructional hours, under the
23direction of a coach, athletic director, or band leader,
24including, but not limited to, baseball, basketball,
25cheerleading, cross country track, fencing, field hockey,
26football, golf, gymnastics, ice hockey, lacrosse, marching

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1band, rugby, soccer, skating, softball, swimming and diving,
2tennis, track (indoor and outdoor), ultimate Frisbee,
3volleyball, water polo, and wrestling. All interscholastic
4athletics are deemed to be interscholastic activities.
5 "Licensed healthcare professional" means a person who has
6experience with concussion management and who is a nurse, a
7psychologist who holds a license under the Clinical
8Psychologist Licensing Act and specializes in the practice of
9neuropsychology, a physical therapist licensed under the
10Illinois Physical Therapy Act, an occupational therapist
11licensed under the Illinois Occupational Therapy Practice Act.
12 "Nurse" means a person who is employed by or volunteers at
13a school and is licensed under the Nurse Practice Act as a
14registered nurse, practical nurse, or advanced practice
15registered nurse.
16 "Physician" means a physician licensed to practice
17medicine in all of its branches under the Medical Practice Act
18of 1987.
19 "School" means any public or private elementary or
20secondary school, including a charter school.
21 "Student" means an adolescent or child enrolled in a
22school.
23 (c) This Section applies to any interscholastic athletic
24activity, including practice and competition, sponsored or
25sanctioned by a school, the Illinois Elementary School
26Association, or the Illinois High School Association. This

HB0313 Enrolled- 141 -LRB100 04130 SMS 14135 b
1Section applies beginning with the 2016-2017 school year.
2 (d) The governing body of each public or charter school and
3the appropriate administrative officer of a private school with
4students enrolled who participate in an interscholastic
5athletic activity shall appoint or approve a concussion
6oversight team. Each concussion oversight team shall establish
7a return-to-play protocol, based on peer-reviewed scientific
8evidence consistent with Centers for Disease Control and
9Prevention guidelines, for a student's return to
10interscholastic athletics practice or competition following a
11force or impact believed to have caused a concussion. Each
12concussion oversight team shall also establish a
13return-to-learn protocol, based on peer-reviewed scientific
14evidence consistent with Centers for Disease Control and
15Prevention guidelines, for a student's return to the classroom
16after that student is believed to have experienced a
17concussion, whether or not the concussion took place while the
18student was participating in an interscholastic athletic
19activity.
20 Each concussion oversight team must include to the extent
21practicable at least one physician. If a school employs an
22athletic trainer, the athletic trainer must be a member of the
23school concussion oversight team to the extent practicable. If
24a school employs a nurse, the nurse must be a member of the
25school concussion oversight team to the extent practicable. At
26a minimum, a school shall appoint a person who is responsible

HB0313 Enrolled- 142 -LRB100 04130 SMS 14135 b
1for implementing and complying with the return-to-play and
2return-to-learn protocols adopted by the concussion oversight
3team. A school may appoint other licensed healthcare
4professionals to serve on the concussion oversight team.
5 (e) A student may not participate in an interscholastic
6athletic activity for a school year until the student and the
7student's parent or guardian or another person with legal
8authority to make medical decisions for the student have signed
9a form for that school year that acknowledges receiving and
10reading written information that explains concussion
11prevention, symptoms, treatment, and oversight and that
12includes guidelines for safely resuming participation in an
13athletic activity following a concussion. The form must be
14approved by the Illinois High School Association.
15 (f) A student must be removed from an interscholastic
16athletics practice or competition immediately if one of the
17following persons believes the student might have sustained a
18concussion during the practice or competition:
19 (1) a coach;
20 (2) a physician;
21 (3) a game official;
22 (4) an athletic trainer;
23 (5) the student's parent or guardian or another person
24 with legal authority to make medical decisions for the
25 student;
26 (6) the student; or

HB0313 Enrolled- 143 -LRB100 04130 SMS 14135 b
1 (7) any other person deemed appropriate under the
2 school's return-to-play protocol.
3 (g) A student removed from an interscholastic athletics
4practice or competition under this Section may not be permitted
5to practice or compete again following the force or impact
6believed to have caused the concussion until:
7 (1) the student has been evaluated, using established
8 medical protocols based on peer-reviewed scientific
9 evidence consistent with Centers for Disease Control and
10 Prevention guidelines, by a treating physician (chosen by
11 the student or the student's parent or guardian or another
12 person with legal authority to make medical decisions for
13 the student) or an athletic trainer working under the
14 supervision of a physician;
15 (2) the student has successfully completed each
16 requirement of the return-to-play protocol established
17 under this Section necessary for the student to return to
18 play;
19 (3) the student has successfully completed each
20 requirement of the return-to-learn protocol established
21 under this Section necessary for the student to return to
22 learn;
23 (4) the treating physician or athletic trainer working
24 under the supervision of a physician has provided a written
25 statement indicating that, in the physician's professional
26 judgment, it is safe for the student to return to play and

HB0313 Enrolled- 144 -LRB100 04130 SMS 14135 b
1 return to learn; and
2 (5) the student and the student's parent or guardian or
3 another person with legal authority to make medical
4 decisions for the student:
5 (A) have acknowledged that the student has
6 completed the requirements of the return-to-play and
7 return-to-learn protocols necessary for the student to
8 return to play;
9 (B) have provided the treating physician's or
10 athletic trainer's written statement under subdivision
11 (4) of this subsection (g) to the person responsible
12 for compliance with the return-to-play and
13 return-to-learn protocols under this subsection (g)
14 and the person who has supervisory responsibilities
15 under this subsection (g); and
16 (C) have signed a consent form indicating that the
17 person signing:
18 (i) has been informed concerning and consents
19 to the student participating in returning to play
20 in accordance with the return-to-play and
21 return-to-learn protocols;
22 (ii) understands the risks associated with the
23 student returning to play and returning to learn
24 and will comply with any ongoing requirements in
25 the return-to-play and return-to-learn protocols;
26 and

HB0313 Enrolled- 145 -LRB100 04130 SMS 14135 b
1 (iii) consents to the disclosure to
2 appropriate persons, consistent with the federal
3 Health Insurance Portability and Accountability
4 Act of 1996 (Public Law 104-191), of the treating
5 physician's or athletic trainer's written
6 statement under subdivision (4) of this subsection
7 (g) and, if any, the return-to-play and
8 return-to-learn recommendations of the treating
9 physician or the athletic trainer, as the case may
10 be.
11 A coach of an interscholastic athletics team may not
12authorize a student's return to play or return to learn.
13 The district superintendent or the superintendent's
14designee in the case of a public elementary or secondary
15school, the chief school administrator or that person's
16designee in the case of a charter school, or the appropriate
17administrative officer or that person's designee in the case of
18a private school shall supervise an athletic trainer or other
19person responsible for compliance with the return-to-play
20protocol and shall supervise the person responsible for
21compliance with the return-to-learn protocol. The person who
22has supervisory responsibilities under this paragraph may not
23be a coach of an interscholastic athletics team.
24 (h)(1) The Illinois High School Association shall approve,
25for coaches and game officials of interscholastic athletic
26activities, training courses that provide for not less than 2

HB0313 Enrolled- 146 -LRB100 04130 SMS 14135 b
1hours of training in the subject matter of concussions,
2including evaluation, prevention, symptoms, risks, and
3long-term effects. The Association shall maintain an updated
4list of individuals and organizations authorized by the
5Association to provide the training.
6 (2) The following persons must take a training course in
7accordance with paragraph (4) of this subsection (h) from an
8authorized training provider at least once every 2 years:
9 (A) a coach of an interscholastic athletic activity;
10 (B) a nurse who serves as a member of a concussion
11 oversight team and is an employee, representative, or agent
12 of a school;
13 (C) a game official of an interscholastic athletic
14 activity; and
15 (D) a nurse who serves on a volunteer basis as a member
16 of a concussion oversight team for a school.
17 (3) A physician who serves as a member of a concussion
18oversight team shall, to the greatest extent practicable,
19periodically take an appropriate continuing medical education
20course in the subject matter of concussions.
21 (4) For purposes of paragraph (2) of this subsection (h):
22 (A) a coach or game officials, as the case may be, must
23 take a course described in paragraph (1) of this subsection
24 (h).
25 (B) an athletic trainer must take a concussion-related
26 continuing education course from an athletic trainer

HB0313 Enrolled- 147 -LRB100 04130 SMS 14135 b
1 continuing education sponsor approved by the Department;
2 and
3 (C) a nurse must take a course concerning the subject
4 matter of concussions that has been approved for continuing
5 education credit by the Department.
6 (5) Each person described in paragraph (2) of this
7subsection (h) must submit proof of timely completion of an
8approved course in compliance with paragraph (4) of this
9subsection (h) to the district superintendent or the
10superintendent's designee in the case of a public elementary or
11secondary school, the chief school administrator or that
12person's designee in the case of a charter school, or the
13appropriate administrative officer or that person's designee
14in the case of a private school.
15 (6) A physician, athletic trainer, or nurse who is not in
16compliance with the training requirements under this
17subsection (h) may not serve on a concussion oversight team in
18any capacity.
19 (7) A person required under this subsection (h) to take a
20training course in the subject of concussions must initially
21complete the training not later than September 1, 2016.
22 (i) The governing body of each public or charter school and
23the appropriate administrative officer of a private school with
24students enrolled who participate in an interscholastic
25athletic activity shall develop a school-specific emergency
26action plan for interscholastic athletic activities to address

HB0313 Enrolled- 148 -LRB100 04130 SMS 14135 b
1the serious injuries and acute medical conditions in which the
2condition of the student may deteriorate rapidly. The plan
3shall include a delineation of roles, methods of communication,
4available emergency equipment, and access to and a plan for
5emergency transport. This emergency action plan must be:
6 (1) in writing;
7 (2) reviewed by the concussion oversight team;
8 (3) approved by the district superintendent or the
9 superintendent's designee in the case of a public
10 elementary or secondary school, the chief school
11 administrator or that person's designee in the case of a
12 charter school, or the appropriate administrative officer
13 or that person's designee in the case of a private school;
14 (4) distributed to all appropriate personnel;
15 (5) posted conspicuously at all venues utilized by the
16 school; and
17 (6) reviewed annually by all athletic trainers, first
18 responders, coaches, school nurses, athletic directors,
19 and volunteers for interscholastic athletic activities.
20 (j) The State Board of Education may adopt rules as
21necessary to administer this Section.
22(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
2399-642, eff. 7-28-16.)
24 (105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
25 Sec. 24-5. Physical fitness and professional growth.

HB0313 Enrolled- 149 -LRB100 04130 SMS 14135 b
1 (a) In this Section, "employee" means any employee of a
2school district, a student teacher, an employee of a contractor
3that provides services to students or in schools, or any other
4individual subject to the requirements of Section 10-21.9 or
534-18.5 of this Code.
6 (b) School boards shall require of new employees evidence
7of physical fitness to perform duties assigned and freedom from
8communicable disease. Such evidence shall consist of a physical
9examination by a physician licensed in Illinois or any other
10state to practice medicine and surgery in all its branches, a
11licensed advanced practice registered nurse, or a licensed
12physician assistant not more than 90 days preceding time of
13presentation to the board, and the cost of such examination
14shall rest with the employee. A new or existing employee may be
15subject to additional health examinations, including screening
16for tuberculosis, as required by rules adopted by the
17Department of Public Health or by order of a local public
18health official. The board may from time to time require an
19examination of any employee by a physician licensed in Illinois
20to practice medicine and surgery in all its branches, a
21licensed advanced practice registered nurse, or a licensed
22physician assistant and shall pay the expenses thereof from
23school funds.
24 (c) School boards may require teachers in their employ to
25furnish from time to time evidence of continued professional
26growth.

HB0313 Enrolled- 150 -LRB100 04130 SMS 14135 b
1(Source: P.A. 98-716, eff. 7-16-14; 99-173, eff. 7-29-15.)
2 (105 ILCS 5/24-6)
3 Sec. 24-6. Sick leave. The school boards of all school
4districts, including special charter districts, but not
5including school districts in municipalities of 500,000 or
6more, shall grant their full-time teachers, and also shall
7grant such of their other employees as are eligible to
8participate in the Illinois Municipal Retirement Fund under the
9"600-Hour Standard" established, or under such other
10eligibility participation standard as may from time to time be
11established, by rules and regulations now or hereafter
12promulgated by the Board of that Fund under Section 7-198 of
13the Illinois Pension Code, as now or hereafter amended, sick
14leave provisions not less in amount than 10 days at full pay in
15each school year. If any such teacher or employee does not use
16the full amount of annual leave thus allowed, the unused amount
17shall be allowed to accumulate to a minimum available leave of
18180 days at full pay, including the leave of the current year.
19Sick leave shall be interpreted to mean personal illness,
20quarantine at home, serious illness or death in the immediate
21family or household, or birth, adoption, or placement for
22adoption. The school board may require a certificate from a
23physician licensed in Illinois to practice medicine and surgery
24in all its branches, a chiropractic physician licensed under
25the Medical Practice Act of 1987, a licensed advanced practice

HB0313 Enrolled- 151 -LRB100 04130 SMS 14135 b
1registered nurse, a licensed physician assistant, or, if the
2treatment is by prayer or spiritual means, a spiritual adviser
3or practitioner of the teacher's or employee's faith as a basis
4for pay during leave after an absence of 3 days for personal
5illness or 30 days for birth or as the school board may deem
6necessary in other cases. If the school board does require a
7certificate as a basis for pay during leave of less than 3 days
8for personal illness, the school board shall pay, from school
9funds, the expenses incurred by the teachers or other employees
10in obtaining the certificate. For paid leave for adoption or
11placement for adoption, the school board may require that the
12teacher or other employee provide evidence that the formal
13adoption process is underway, and such leave is limited to 30
14days unless a longer leave has been negotiated with the
15exclusive bargaining representative.
16 If, by reason of any change in the boundaries of school
17districts, or by reason of the creation of a new school
18district, the employment of a teacher is transferred to a new
19or different board, the accumulated sick leave of such teacher
20is not thereby lost, but is transferred to such new or
21different district.
22 For purposes of this Section, "immediate family" shall
23include parents, spouse, brothers, sisters, children,
24grandparents, grandchildren, parents-in-law, brothers-in-law,
25sisters-in-law, and legal guardians.
26(Source: P.A. 99-173, eff. 7-29-15.)

HB0313 Enrolled- 152 -LRB100 04130 SMS 14135 b
1 (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
2 Sec. 26-1. Compulsory school age-Exemptions. Whoever has
3custody or control of any child (i) between the ages of 7 and
417 years (unless the child has already graduated from high
5school) for school years before the 2014-2015 school year or
6(ii) between the ages of 6 (on or before September 1) and 17
7years (unless the child has already graduated from high school)
8beginning with the 2014-2015 school year shall cause such child
9to attend some public school in the district wherein the child
10resides the entire time it is in session during the regular
11school term, except as provided in Section 10-19.1, and during
12a required summer school program established under Section
1310-22.33B; provided, that the following children shall not be
14required to attend the public schools:
15 1. Any child attending a private or a parochial school
16 where children are taught the branches of education taught
17 to children of corresponding age and grade in the public
18 schools, and where the instruction of the child in the
19 branches of education is in the English language;
20 2. Any child who is physically or mentally unable to
21 attend school, such disability being certified to the
22 county or district truant officer by a competent physician
23 licensed in Illinois to practice medicine and surgery in
24 all its branches, a chiropractic physician licensed under
25 the Medical Practice Act of 1987, a licensed advanced

HB0313 Enrolled- 153 -LRB100 04130 SMS 14135 b
1 practice registered nurse, a licensed physician assistant,
2 or a Christian Science practitioner residing in this State
3 and listed in the Christian Science Journal; or who is
4 excused for temporary absence for cause by the principal or
5 teacher of the school which the child attends; the
6 exemptions in this paragraph (2) do not apply to any female
7 who is pregnant or the mother of one or more children,
8 except where a female is unable to attend school due to a
9 complication arising from her pregnancy and the existence
10 of such complication is certified to the county or district
11 truant officer by a competent physician;
12 3. Any child necessarily and lawfully employed
13 according to the provisions of the law regulating child
14 labor may be excused from attendance at school by the
15 county superintendent of schools or the superintendent of
16 the public school which the child should be attending, on
17 certification of the facts by and the recommendation of the
18 school board of the public school district in which the
19 child resides. In districts having part time continuation
20 schools, children so excused shall attend such schools at
21 least 8 hours each week;
22 4. Any child over 12 and under 14 years of age while in
23 attendance at confirmation classes;
24 5. Any child absent from a public school on a
25 particular day or days or at a particular time of day for
26 the reason that he is unable to attend classes or to

HB0313 Enrolled- 154 -LRB100 04130 SMS 14135 b
1 participate in any examination, study or work requirements
2 on a particular day or days or at a particular time of day,
3 because the tenets of his religion forbid secular activity
4 on a particular day or days or at a particular time of day.
5 Each school board shall prescribe rules and regulations
6 relative to absences for religious holidays including, but
7 not limited to, a list of religious holidays on which it
8 shall be mandatory to excuse a child; but nothing in this
9 paragraph 5 shall be construed to limit the right of any
10 school board, at its discretion, to excuse an absence on
11 any other day by reason of the observance of a religious
12 holiday. A school board may require the parent or guardian
13 of a child who is to be excused from attending school due
14 to the observance of a religious holiday to give notice,
15 not exceeding 5 days, of the child's absence to the school
16 principal or other school personnel. Any child excused from
17 attending school under this paragraph 5 shall not be
18 required to submit a written excuse for such absence after
19 returning to school;
20 6. Any child 16 years of age or older who (i) submits
21 to a school district evidence of necessary and lawful
22 employment pursuant to paragraph 3 of this Section and (ii)
23 is enrolled in a graduation incentives program pursuant to
24 Section 26-16 of this Code or an alternative learning
25 opportunities program established pursuant to Article 13B
26 of this Code; and

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1 7. A child in any of grades 6 through 12 absent from a
2 public school on a particular day or days or at a
3 particular time of day for the purpose of sounding "Taps"
4 at a military honors funeral held in this State for a
5 deceased veteran. In order to be excused under this
6 paragraph 7, the student shall notify the school's
7 administration at least 2 days prior to the date of the
8 absence and shall provide the school's administration with
9 the date, time, and location of the military honors
10 funeral. The school's administration may waive this 2-day
11 notification requirement if the student did not receive at
12 least 2 days advance notice, but the student shall notify
13 the school's administration as soon as possible of the
14 absence. A student whose absence is excused under this
15 paragraph 7 shall be counted as if the student attended
16 school for purposes of calculating the average daily
17 attendance of students in the school district. A student
18 whose absence is excused under this paragraph 7 must be
19 allowed a reasonable time to make up school work missed
20 during the absence. If the student satisfactorily
21 completes the school work, the day of absence shall be
22 counted as a day of compulsory attendance and he or she may
23 not be penalized for that absence.
24(Source: P.A. 98-544, eff. 7-1-14; 99-173, eff. 7-29-15;
2599-804, eff. 1-1-17.)

HB0313 Enrolled- 156 -LRB100 04130 SMS 14135 b
1 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
2 (Text of Section before amendment by P.A. 99-927)
3 Sec. 27-8.1. Health examinations and immunizations.
4 (1) In compliance with rules and regulations which the
5Department of Public Health shall promulgate, and except as
6hereinafter provided, all children in Illinois shall have a
7health examination as follows: within one year prior to
8entering kindergarten or the first grade of any public,
9private, or parochial elementary school; upon entering the
10sixth and ninth grades of any public, private, or parochial
11school; prior to entrance into any public, private, or
12parochial nursery school; and, irrespective of grade,
13immediately prior to or upon entrance into any public, private,
14or parochial school or nursery school, each child shall present
15proof of having been examined in accordance with this Section
16and the rules and regulations promulgated hereunder. Any child
17who received a health examination within one year prior to
18entering the fifth grade for the 2007-2008 school year is not
19required to receive an additional health examination in order
20to comply with the provisions of Public Act 95-422 when he or
21she attends school for the 2008-2009 school year, unless the
22child is attending school for the first time as provided in
23this paragraph.
24 A tuberculosis skin test screening shall be included as a
25required part of each health examination included under this
26Section if the child resides in an area designated by the

HB0313 Enrolled- 157 -LRB100 04130 SMS 14135 b
1Department of Public Health as having a high incidence of
2tuberculosis. Additional health examinations of pupils,
3including eye examinations, may be required when deemed
4necessary by school authorities. Parents are encouraged to have
5their children undergo eye examinations at the same points in
6time required for health examinations.
7 (1.5) In compliance with rules adopted by the Department of
8Public Health and except as otherwise provided in this Section,
9all children in kindergarten and the second and sixth grades of
10any public, private, or parochial school shall have a dental
11examination. Each of these children shall present proof of
12having been examined by a dentist in accordance with this
13Section and rules adopted under this Section before May 15th of
14the school year. If a child in the second or sixth grade fails
15to present proof by May 15th, the school may hold the child's
16report card until one of the following occurs: (i) the child
17presents proof of a completed dental examination or (ii) the
18child presents proof that a dental examination will take place
19within 60 days after May 15th. The Department of Public Health
20shall establish, by rule, a waiver for children who show an
21undue burden or a lack of access to a dentist. Each public,
22private, and parochial school must give notice of this dental
23examination requirement to the parents and guardians of
24students at least 60 days before May 15th of each school year.
25 (1.10) Except as otherwise provided in this Section, all
26children enrolling in kindergarten in a public, private, or

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1parochial school on or after the effective date of this
2amendatory Act of the 95th General Assembly and any student
3enrolling for the first time in a public, private, or parochial
4school on or after the effective date of this amendatory Act of
5the 95th General Assembly shall have an eye examination. Each
6of these children shall present proof of having been examined
7by a physician licensed to practice medicine in all of its
8branches or a licensed optometrist within the previous year, in
9accordance with this Section and rules adopted under this
10Section, before October 15th of the school year. If the child
11fails to present proof by October 15th, the school may hold the
12child's report card until one of the following occurs: (i) the
13child presents proof of a completed eye examination or (ii) the
14child presents proof that an eye examination will take place
15within 60 days after October 15th. The Department of Public
16Health shall establish, by rule, a waiver for children who show
17an undue burden or a lack of access to a physician licensed to
18practice medicine in all of its branches who provides eye
19examinations or to a licensed optometrist. Each public,
20private, and parochial school must give notice of this eye
21examination requirement to the parents and guardians of
22students in compliance with rules of the Department of Public
23Health. Nothing in this Section shall be construed to allow a
24school to exclude a child from attending because of a parent's
25or guardian's failure to obtain an eye examination for the
26child.

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1 (2) The Department of Public Health shall promulgate rules
2and regulations specifying the examinations and procedures
3that constitute a health examination, which shall include the
4collection of data relating to obesity (including at a minimum,
5date of birth, gender, height, weight, blood pressure, and date
6of exam), and a dental examination and may recommend by rule
7that certain additional examinations be performed. The rules
8and regulations of the Department of Public Health shall
9specify that a tuberculosis skin test screening shall be
10included as a required part of each health examination included
11under this Section if the child resides in an area designated
12by the Department of Public Health as having a high incidence
13of tuberculosis. The Department of Public Health shall specify
14that a diabetes screening as defined by rule shall be included
15as a required part of each health examination. Diabetes testing
16is not required.
17 Physicians licensed to practice medicine in all of its
18branches, licensed advanced practice registered nurses, or
19licensed physician assistants shall be responsible for the
20performance of the health examinations, other than dental
21examinations, eye examinations, and vision and hearing
22screening, and shall sign all report forms required by
23subsection (4) of this Section that pertain to those portions
24of the health examination for which the physician, advanced
25practice registered nurse, or physician assistant is
26responsible. If a registered nurse performs any part of a

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1health examination, then a physician licensed to practice
2medicine in all of its branches must review and sign all
3required report forms. Licensed dentists shall perform all
4dental examinations and shall sign all report forms required by
5subsection (4) of this Section that pertain to the dental
6examinations. Physicians licensed to practice medicine in all
7its branches or licensed optometrists shall perform all eye
8examinations required by this Section and shall sign all report
9forms required by subsection (4) of this Section that pertain
10to the eye examination. For purposes of this Section, an eye
11examination shall at a minimum include history, visual acuity,
12subjective refraction to best visual acuity near and far,
13internal and external examination, and a glaucoma evaluation,
14as well as any other tests or observations that in the
15professional judgment of the doctor are necessary. Vision and
16hearing screening tests, which shall not be considered
17examinations as that term is used in this Section, shall be
18conducted in accordance with rules and regulations of the
19Department of Public Health, and by individuals whom the
20Department of Public Health has certified. In these rules and
21regulations, the Department of Public Health shall require that
22individuals conducting vision screening tests give a child's
23parent or guardian written notification, before the vision
24screening is conducted, that states, "Vision screening is not a
25substitute for a complete eye and vision evaluation by an eye
26doctor. Your child is not required to undergo this vision

HB0313 Enrolled- 161 -LRB100 04130 SMS 14135 b
1screening if an optometrist or ophthalmologist has completed
2and signed a report form indicating that an examination has
3been administered within the previous 12 months."
4 (3) Every child shall, at or about the same time as he or
5she receives a health examination required by subsection (1) of
6this Section, present to the local school proof of having
7received such immunizations against preventable communicable
8diseases as the Department of Public Health shall require by
9rules and regulations promulgated pursuant to this Section and
10the Communicable Disease Prevention Act.
11 (4) The individuals conducting the health examination,
12dental examination, or eye examination shall record the fact of
13having conducted the examination, and such additional
14information as required, including for a health examination
15data relating to obesity (including at a minimum, date of
16birth, gender, height, weight, blood pressure, and date of
17exam), on uniform forms which the Department of Public Health
18and the State Board of Education shall prescribe for statewide
19use. The examiner shall summarize on the report form any
20condition that he or she suspects indicates a need for special
21services, including for a health examination factors relating
22to obesity. The individuals confirming the administration of
23required immunizations shall record as indicated on the form
24that the immunizations were administered.
25 (5) If a child does not submit proof of having had either
26the health examination or the immunization as required, then

HB0313 Enrolled- 162 -LRB100 04130 SMS 14135 b
1the child shall be examined or receive the immunization, as the
2case may be, and present proof by October 15 of the current
3school year, or by an earlier date of the current school year
4established by a school district. To establish a date before
5October 15 of the current school year for the health
6examination or immunization as required, a school district must
7give notice of the requirements of this Section 60 days prior
8to the earlier established date. If for medical reasons one or
9more of the required immunizations must be given after October
1015 of the current school year, or after an earlier established
11date of the current school year, then the child shall present,
12by October 15, or by the earlier established date, a schedule
13for the administration of the immunizations and a statement of
14the medical reasons causing the delay, both the schedule and
15the statement being issued by the physician, advanced practice
16registered nurse, physician assistant, registered nurse, or
17local health department that will be responsible for
18administration of the remaining required immunizations. If a
19child does not comply by October 15, or by the earlier
20established date of the current school year, with the
21requirements of this subsection, then the local school
22authority shall exclude that child from school until such time
23as the child presents proof of having had the health
24examination as required and presents proof of having received
25those required immunizations which are medically possible to
26receive immediately. During a child's exclusion from school for

HB0313 Enrolled- 163 -LRB100 04130 SMS 14135 b
1noncompliance with this subsection, the child's parents or
2legal guardian shall be considered in violation of Section 26-1
3and subject to any penalty imposed by Section 26-10. This
4subsection (5) does not apply to dental examinations and eye
5examinations. If the student is an out-of-state transfer
6student and does not have the proof required under this
7subsection (5) before October 15 of the current year or
8whatever date is set by the school district, then he or she may
9only attend classes (i) if he or she has proof that an
10appointment for the required vaccinations has been scheduled
11with a party authorized to submit proof of the required
12vaccinations. If the proof of vaccination required under this
13subsection (5) is not submitted within 30 days after the
14student is permitted to attend classes, then the student is not
15to be permitted to attend classes until proof of the
16vaccinations has been properly submitted. No school district or
17employee of a school district shall be held liable for any
18injury or illness to another person that results from admitting
19an out-of-state transfer student to class that has an
20appointment scheduled pursuant to this subsection (5).
21 (6) Every school shall report to the State Board of
22Education by November 15, in the manner which that agency shall
23require, the number of children who have received the necessary
24immunizations and the health examination (other than a dental
25examination or eye examination) as required, indicating, of
26those who have not received the immunizations and examination

HB0313 Enrolled- 164 -LRB100 04130 SMS 14135 b
1as required, the number of children who are exempt from health
2examination and immunization requirements on religious or
3medical grounds as provided in subsection (8). On or before
4December 1 of each year, every public school district and
5registered nonpublic school shall make publicly available the
6immunization data they are required to submit to the State
7Board of Education by November 15. The immunization data made
8publicly available must be identical to the data the school
9district or school has reported to the State Board of
10Education.
11 Every school shall report to the State Board of Education
12by June 30, in the manner that the State Board requires, the
13number of children who have received the required dental
14examination, indicating, of those who have not received the
15required dental examination, the number of children who are
16exempt from the dental examination on religious grounds as
17provided in subsection (8) of this Section and the number of
18children who have received a waiver under subsection (1.5) of
19this Section.
20 Every school shall report to the State Board of Education
21by June 30, in the manner that the State Board requires, the
22number of children who have received the required eye
23examination, indicating, of those who have not received the
24required eye examination, the number of children who are exempt
25from the eye examination as provided in subsection (8) of this
26Section, the number of children who have received a waiver

HB0313 Enrolled- 165 -LRB100 04130 SMS 14135 b
1under subsection (1.10) of this Section, and the total number
2of children in noncompliance with the eye examination
3requirement.
4 The reported information under this subsection (6) shall be
5provided to the Department of Public Health by the State Board
6of Education.
7 (7) Upon determining that the number of pupils who are
8required to be in compliance with subsection (5) of this
9Section is below 90% of the number of pupils enrolled in the
10school district, 10% of each State aid payment made pursuant to
11Section 18-8.05 to the school district for such year may be
12withheld by the State Board of Education until the number of
13students in compliance with subsection (5) is the applicable
14specified percentage or higher.
15 (8) Children of parents or legal guardians who object to
16health, dental, or eye examinations or any part thereof, to
17immunizations, or to vision and hearing screening tests on
18religious grounds shall not be required to undergo the
19examinations, tests, or immunizations to which they so object
20if such parents or legal guardians present to the appropriate
21local school authority a signed Certificate of Religious
22Exemption detailing the grounds for objection and the specific
23immunizations, tests, or examinations to which they object. The
24grounds for objection must set forth the specific religious
25belief that conflicts with the examination, test,
26immunization, or other medical intervention. The signed

HB0313 Enrolled- 166 -LRB100 04130 SMS 14135 b
1certificate shall also reflect the parent's or legal guardian's
2understanding of the school's exclusion policies in the case of
3a vaccine-preventable disease outbreak or exposure. The
4certificate must also be signed by the authorized examining
5health care provider responsible for the performance of the
6child's health examination confirming that the provider
7provided education to the parent or legal guardian on the
8benefits of immunization and the health risks to the student
9and to the community of the communicable diseases for which
10immunization is required in this State. However, the health
11care provider's signature on the certificate reflects only that
12education was provided and does not allow a health care
13provider grounds to determine a religious exemption. Those
14receiving immunizations required under this Code shall be
15provided with the relevant vaccine information statements that
16are required to be disseminated by the federal National
17Childhood Vaccine Injury Act of 1986, which may contain
18information on circumstances when a vaccine should not be
19administered, prior to administering a vaccine. A healthcare
20provider may consider including without limitation the
21nationally accepted recommendations from federal agencies such
22as the Advisory Committee on Immunization Practices, the
23information outlined in the relevant vaccine information
24statement, and vaccine package inserts, along with the
25healthcare provider's clinical judgment, to determine whether
26any child may be more susceptible to experiencing an adverse

HB0313 Enrolled- 167 -LRB100 04130 SMS 14135 b
1vaccine reaction than the general population, and, if so, the
2healthcare provider may exempt the child from an immunization
3or adopt an individualized immunization schedule. The
4Certificate of Religious Exemption shall be created by the
5Department of Public Health and shall be made available and
6used by parents and legal guardians by the beginning of the
72015-2016 school year. Parents or legal guardians must submit
8the Certificate of Religious Exemption to their local school
9authority prior to entering kindergarten, sixth grade, and
10ninth grade for each child for which they are requesting an
11exemption. The religious objection stated need not be directed
12by the tenets of an established religious organization.
13However, general philosophical or moral reluctance to allow
14physical examinations, eye examinations, immunizations, vision
15and hearing screenings, or dental examinations does not provide
16a sufficient basis for an exception to statutory requirements.
17The local school authority is responsible for determining if
18the content of the Certificate of Religious Exemption
19constitutes a valid religious objection. The local school
20authority shall inform the parent or legal guardian of
21exclusion procedures, in accordance with the Department's
22rules under Part 690 of Title 77 of the Illinois Administrative
23Code, at the time the objection is presented.
24 If the physical condition of the child is such that any one
25or more of the immunizing agents should not be administered,
26the examining physician, advanced practice registered nurse,

HB0313 Enrolled- 168 -LRB100 04130 SMS 14135 b
1or physician assistant responsible for the performance of the
2health examination shall endorse that fact upon the health
3examination form.
4 Exempting a child from the health, dental, or eye
5examination does not exempt the child from participation in the
6program of physical education training provided in Sections
727-5 through 27-7 of this Code.
8 (9) For the purposes of this Section, "nursery schools"
9means those nursery schools operated by elementary school
10systems or secondary level school units or institutions of
11higher learning.
12(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
1399-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
14 (Text of Section after amendment by P.A. 99-927)
15 Sec. 27-8.1. Health examinations and immunizations.
16 (1) In compliance with rules and regulations which the
17Department of Public Health shall promulgate, and except as
18hereinafter provided, all children in Illinois shall have a
19health examination as follows: within one year prior to
20entering kindergarten or the first grade of any public,
21private, or parochial elementary school; upon entering the
22sixth and ninth grades of any public, private, or parochial
23school; prior to entrance into any public, private, or
24parochial nursery school; and, irrespective of grade,
25immediately prior to or upon entrance into any public, private,

HB0313 Enrolled- 169 -LRB100 04130 SMS 14135 b
1or parochial school or nursery school, each child shall present
2proof of having been examined in accordance with this Section
3and the rules and regulations promulgated hereunder. Any child
4who received a health examination within one year prior to
5entering the fifth grade for the 2007-2008 school year is not
6required to receive an additional health examination in order
7to comply with the provisions of Public Act 95-422 when he or
8she attends school for the 2008-2009 school year, unless the
9child is attending school for the first time as provided in
10this paragraph.
11 A tuberculosis skin test screening shall be included as a
12required part of each health examination included under this
13Section if the child resides in an area designated by the
14Department of Public Health as having a high incidence of
15tuberculosis. Additional health examinations of pupils,
16including eye examinations, may be required when deemed
17necessary by school authorities. Parents are encouraged to have
18their children undergo eye examinations at the same points in
19time required for health examinations.
20 (1.5) In compliance with rules adopted by the Department of
21Public Health and except as otherwise provided in this Section,
22all children in kindergarten and the second and sixth grades of
23any public, private, or parochial school shall have a dental
24examination. Each of these children shall present proof of
25having been examined by a dentist in accordance with this
26Section and rules adopted under this Section before May 15th of

HB0313 Enrolled- 170 -LRB100 04130 SMS 14135 b
1the school year. If a child in the second or sixth grade fails
2to present proof by May 15th, the school may hold the child's
3report card until one of the following occurs: (i) the child
4presents proof of a completed dental examination or (ii) the
5child presents proof that a dental examination will take place
6within 60 days after May 15th. The Department of Public Health
7shall establish, by rule, a waiver for children who show an
8undue burden or a lack of access to a dentist. Each public,
9private, and parochial school must give notice of this dental
10examination requirement to the parents and guardians of
11students at least 60 days before May 15th of each school year.
12 (1.10) Except as otherwise provided in this Section, all
13children enrolling in kindergarten in a public, private, or
14parochial school on or after the effective date of this
15amendatory Act of the 95th General Assembly and any student
16enrolling for the first time in a public, private, or parochial
17school on or after the effective date of this amendatory Act of
18the 95th General Assembly shall have an eye examination. Each
19of these children shall present proof of having been examined
20by a physician licensed to practice medicine in all of its
21branches or a licensed optometrist within the previous year, in
22accordance with this Section and rules adopted under this
23Section, before October 15th of the school year. If the child
24fails to present proof by October 15th, the school may hold the
25child's report card until one of the following occurs: (i) the
26child presents proof of a completed eye examination or (ii) the

HB0313 Enrolled- 171 -LRB100 04130 SMS 14135 b
1child presents proof that an eye examination will take place
2within 60 days after October 15th. The Department of Public
3Health shall establish, by rule, a waiver for children who show
4an undue burden or a lack of access to a physician licensed to
5practice medicine in all of its branches who provides eye
6examinations or to a licensed optometrist. Each public,
7private, and parochial school must give notice of this eye
8examination requirement to the parents and guardians of
9students in compliance with rules of the Department of Public
10Health. Nothing in this Section shall be construed to allow a
11school to exclude a child from attending because of a parent's
12or guardian's failure to obtain an eye examination for the
13child.
14 (2) The Department of Public Health shall promulgate rules
15and regulations specifying the examinations and procedures
16that constitute a health examination, which shall include an
17age-appropriate developmental screening, an age-appropriate
18social and emotional screening, and the collection of data
19relating to obesity (including at a minimum, date of birth,
20gender, height, weight, blood pressure, and date of exam), and
21a dental examination and may recommend by rule that certain
22additional examinations be performed. The rules and
23regulations of the Department of Public Health shall specify
24that a tuberculosis skin test screening shall be included as a
25required part of each health examination included under this
26Section if the child resides in an area designated by the

HB0313 Enrolled- 172 -LRB100 04130 SMS 14135 b
1Department of Public Health as having a high incidence of
2tuberculosis. With respect to the developmental screening and
3the social and emotional screening, the Department of Public
4Health must develop rules and appropriate revisions to the
5Child Health Examination form in conjunction with a statewide
6organization representing school boards; a statewide
7organization representing pediatricians; statewide
8organizations representing individuals holding Illinois
9educator licenses with school support personnel endorsements,
10including school social workers, school psychologists, and
11school nurses; a statewide organization representing
12children's mental health experts; a statewide organization
13representing school principals; the Director of Healthcare and
14Family Services or his or her designee, the State
15Superintendent of Education or his or her designee; and
16representatives of other appropriate State agencies and, at a
17minimum, must recommend the use of validated screening tools
18appropriate to the child's age or grade, and, with regard to
19the social and emotional screening, require recording only
20whether or not the screening was completed. The rules shall
21take into consideration the screening recommendations of the
22American Academy of Pediatrics and must be consistent with the
23State Board of Education's social and emotional learning
24standards. The Department of Public Health shall specify that a
25diabetes screening as defined by rule shall be included as a
26required part of each health examination. Diabetes testing is

HB0313 Enrolled- 173 -LRB100 04130 SMS 14135 b
1not required.
2 Physicians licensed to practice medicine in all of its
3branches, licensed advanced practice registered nurses, or
4licensed physician assistants shall be responsible for the
5performance of the health examinations, other than dental
6examinations, eye examinations, and vision and hearing
7screening, and shall sign all report forms required by
8subsection (4) of this Section that pertain to those portions
9of the health examination for which the physician, advanced
10practice registered nurse, or physician assistant is
11responsible. If a registered nurse performs any part of a
12health examination, then a physician licensed to practice
13medicine in all of its branches must review and sign all
14required report forms. Licensed dentists shall perform all
15dental examinations and shall sign all report forms required by
16subsection (4) of this Section that pertain to the dental
17examinations. Physicians licensed to practice medicine in all
18its branches or licensed optometrists shall perform all eye
19examinations required by this Section and shall sign all report
20forms required by subsection (4) of this Section that pertain
21to the eye examination. For purposes of this Section, an eye
22examination shall at a minimum include history, visual acuity,
23subjective refraction to best visual acuity near and far,
24internal and external examination, and a glaucoma evaluation,
25as well as any other tests or observations that in the
26professional judgment of the doctor are necessary. Vision and

HB0313 Enrolled- 174 -LRB100 04130 SMS 14135 b
1hearing screening tests, which shall not be considered
2examinations as that term is used in this Section, shall be
3conducted in accordance with rules and regulations of the
4Department of Public Health, and by individuals whom the
5Department of Public Health has certified. In these rules and
6regulations, the Department of Public Health shall require that
7individuals conducting vision screening tests give a child's
8parent or guardian written notification, before the vision
9screening is conducted, that states, "Vision screening is not a
10substitute for a complete eye and vision evaluation by an eye
11doctor. Your child is not required to undergo this vision
12screening if an optometrist or ophthalmologist has completed
13and signed a report form indicating that an examination has
14been administered within the previous 12 months."
15 (2.5) With respect to the developmental screening and the
16social and emotional screening portion of the health
17examination, each child may present proof of having been
18screened in accordance with this Section and the rules adopted
19under this Section before October 15th of the school year. With
20regard to the social and emotional screening only, the
21examining health care provider shall only record whether or not
22the screening was completed. If the child fails to present
23proof of the developmental screening or the social and
24emotional screening portions of the health examination by
25October 15th of the school year, qualified school support
26personnel may, with a parent's or guardian's consent, offer the

HB0313 Enrolled- 175 -LRB100 04130 SMS 14135 b
1developmental screening or the social and emotional screening
2to the child. Each public, private, and parochial school must
3give notice of the developmental screening and social and
4emotional screening requirements to the parents and guardians
5of students in compliance with the rules of the Department of
6Public Health. Nothing in this Section shall be construed to
7allow a school to exclude a child from attending because of a
8parent's or guardian's failure to obtain a developmental
9screening or a social and emotional screening for the child.
10Once a developmental screening or a social and emotional
11screening is completed and proof has been presented to the
12school, the school may, with a parent's or guardian's consent,
13make available appropriate school personnel to work with the
14parent or guardian, the child, and the provider who signed the
15screening form to obtain any appropriate evaluations and
16services as indicated on the form and in other information and
17documentation provided by the parents, guardians, or provider.
18 (3) Every child shall, at or about the same time as he or
19she receives a health examination required by subsection (1) of
20this Section, present to the local school proof of having
21received such immunizations against preventable communicable
22diseases as the Department of Public Health shall require by
23rules and regulations promulgated pursuant to this Section and
24the Communicable Disease Prevention Act.
25 (4) The individuals conducting the health examination,
26dental examination, or eye examination shall record the fact of

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1having conducted the examination, and such additional
2information as required, including for a health examination
3data relating to obesity (including at a minimum, date of
4birth, gender, height, weight, blood pressure, and date of
5exam), on uniform forms which the Department of Public Health
6and the State Board of Education shall prescribe for statewide
7use. The examiner shall summarize on the report form any
8condition that he or she suspects indicates a need for special
9services, including for a health examination factors relating
10to obesity. The duty to summarize on the report form does not
11apply to social and emotional screenings. The confidentiality
12of the information and records relating to the developmental
13screening and the social and emotional screening shall be
14determined by the statutes, rules, and professional ethics
15governing the type of provider conducting the screening. The
16individuals confirming the administration of required
17immunizations shall record as indicated on the form that the
18immunizations were administered.
19 (5) If a child does not submit proof of having had either
20the health examination or the immunization as required, then
21the child shall be examined or receive the immunization, as the
22case may be, and present proof by October 15 of the current
23school year, or by an earlier date of the current school year
24established by a school district. To establish a date before
25October 15 of the current school year for the health
26examination or immunization as required, a school district must

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1give notice of the requirements of this Section 60 days prior
2to the earlier established date. If for medical reasons one or
3more of the required immunizations must be given after October
415 of the current school year, or after an earlier established
5date of the current school year, then the child shall present,
6by October 15, or by the earlier established date, a schedule
7for the administration of the immunizations and a statement of
8the medical reasons causing the delay, both the schedule and
9the statement being issued by the physician, advanced practice
10registered nurse, physician assistant, registered nurse, or
11local health department that will be responsible for
12administration of the remaining required immunizations. If a
13child does not comply by October 15, or by the earlier
14established date of the current school year, with the
15requirements of this subsection, then the local school
16authority shall exclude that child from school until such time
17as the child presents proof of having had the health
18examination as required and presents proof of having received
19those required immunizations which are medically possible to
20receive immediately. During a child's exclusion from school for
21noncompliance with this subsection, the child's parents or
22legal guardian shall be considered in violation of Section 26-1
23and subject to any penalty imposed by Section 26-10. This
24subsection (5) does not apply to dental examinations, eye
25examinations, and the developmental screening and the social
26and emotional screening portions of the health examination. If

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1the student is an out-of-state transfer student and does not
2have the proof required under this subsection (5) before
3October 15 of the current year or whatever date is set by the
4school district, then he or she may only attend classes (i) if
5he or she has proof that an appointment for the required
6vaccinations has been scheduled with a party authorized to
7submit proof of the required vaccinations. If the proof of
8vaccination required under this subsection (5) is not submitted
9within 30 days after the student is permitted to attend
10classes, then the student is not to be permitted to attend
11classes until proof of the vaccinations has been properly
12submitted. No school district or employee of a school district
13shall be held liable for any injury or illness to another
14person that results from admitting an out-of-state transfer
15student to class that has an appointment scheduled pursuant to
16this subsection (5).
17 (6) Every school shall report to the State Board of
18Education by November 15, in the manner which that agency shall
19require, the number of children who have received the necessary
20immunizations and the health examination (other than a dental
21examination or eye examination) as required, indicating, of
22those who have not received the immunizations and examination
23as required, the number of children who are exempt from health
24examination and immunization requirements on religious or
25medical grounds as provided in subsection (8). On or before
26December 1 of each year, every public school district and

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1registered nonpublic school shall make publicly available the
2immunization data they are required to submit to the State
3Board of Education by November 15. The immunization data made
4publicly available must be identical to the data the school
5district or school has reported to the State Board of
6Education.
7 Every school shall report to the State Board of Education
8by June 30, in the manner that the State Board requires, the
9number of children who have received the required dental
10examination, indicating, of those who have not received the
11required dental examination, the number of children who are
12exempt from the dental examination on religious grounds as
13provided in subsection (8) of this Section and the number of
14children who have received a waiver under subsection (1.5) of
15this Section.
16 Every school shall report to the State Board of Education
17by June 30, in the manner that the State Board requires, the
18number of children who have received the required eye
19examination, indicating, of those who have not received the
20required eye examination, the number of children who are exempt
21from the eye examination as provided in subsection (8) of this
22Section, the number of children who have received a waiver
23under subsection (1.10) of this Section, and the total number
24of children in noncompliance with the eye examination
25requirement.
26 The reported information under this subsection (6) shall be

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1provided to the Department of Public Health by the State Board
2of Education.
3 (7) Upon determining that the number of pupils who are
4required to be in compliance with subsection (5) of this
5Section is below 90% of the number of pupils enrolled in the
6school district, 10% of each State aid payment made pursuant to
7Section 18-8.05 to the school district for such year may be
8withheld by the State Board of Education until the number of
9students in compliance with subsection (5) is the applicable
10specified percentage or higher.
11 (8) Children of parents or legal guardians who object to
12health, dental, or eye examinations or any part thereof, to
13immunizations, or to vision and hearing screening tests on
14religious grounds shall not be required to undergo the
15examinations, tests, or immunizations to which they so object
16if such parents or legal guardians present to the appropriate
17local school authority a signed Certificate of Religious
18Exemption detailing the grounds for objection and the specific
19immunizations, tests, or examinations to which they object. The
20grounds for objection must set forth the specific religious
21belief that conflicts with the examination, test,
22immunization, or other medical intervention. The signed
23certificate shall also reflect the parent's or legal guardian's
24understanding of the school's exclusion policies in the case of
25a vaccine-preventable disease outbreak or exposure. The
26certificate must also be signed by the authorized examining

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1health care provider responsible for the performance of the
2child's health examination confirming that the provider
3provided education to the parent or legal guardian on the
4benefits of immunization and the health risks to the student
5and to the community of the communicable diseases for which
6immunization is required in this State. However, the health
7care provider's signature on the certificate reflects only that
8education was provided and does not allow a health care
9provider grounds to determine a religious exemption. Those
10receiving immunizations required under this Code shall be
11provided with the relevant vaccine information statements that
12are required to be disseminated by the federal National
13Childhood Vaccine Injury Act of 1986, which may contain
14information on circumstances when a vaccine should not be
15administered, prior to administering a vaccine. A healthcare
16provider may consider including without limitation the
17nationally accepted recommendations from federal agencies such
18as the Advisory Committee on Immunization Practices, the
19information outlined in the relevant vaccine information
20statement, and vaccine package inserts, along with the
21healthcare provider's clinical judgment, to determine whether
22any child may be more susceptible to experiencing an adverse
23vaccine reaction than the general population, and, if so, the
24healthcare provider may exempt the child from an immunization
25or adopt an individualized immunization schedule. The
26Certificate of Religious Exemption shall be created by the

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1Department of Public Health and shall be made available and
2used by parents and legal guardians by the beginning of the
32015-2016 school year. Parents or legal guardians must submit
4the Certificate of Religious Exemption to their local school
5authority prior to entering kindergarten, sixth grade, and
6ninth grade for each child for which they are requesting an
7exemption. The religious objection stated need not be directed
8by the tenets of an established religious organization.
9However, general philosophical or moral reluctance to allow
10physical examinations, eye examinations, immunizations, vision
11and hearing screenings, or dental examinations does not provide
12a sufficient basis for an exception to statutory requirements.
13The local school authority is responsible for determining if
14the content of the Certificate of Religious Exemption
15constitutes a valid religious objection. The local school
16authority shall inform the parent or legal guardian of
17exclusion procedures, in accordance with the Department's
18rules under Part 690 of Title 77 of the Illinois Administrative
19Code, at the time the objection is presented.
20 If the physical condition of the child is such that any one
21or more of the immunizing agents should not be administered,
22the examining physician, advanced practice registered nurse,
23or physician assistant responsible for the performance of the
24health examination shall endorse that fact upon the health
25examination form.
26 Exempting a child from the health, dental, or eye

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1examination does not exempt the child from participation in the
2program of physical education training provided in Sections
327-5 through 27-7 of this Code.
4 (9) For the purposes of this Section, "nursery schools"
5means those nursery schools operated by elementary school
6systems or secondary level school units or institutions of
7higher learning.
8(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
999-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff.
106-1-17.)
11 Section 90. The Care of Students with Diabetes Act is
12amended by changing Section 10 as follows:
13 (105 ILCS 145/10)
14 Sec. 10. Definitions. As used in this Act:
15 "Delegated care aide" means a school employee who has
16agreed to receive training in diabetes care and to assist
17students in implementing their diabetes care plan and has
18entered into an agreement with a parent or guardian and the
19school district or private school.
20 "Diabetes care plan" means a document that specifies the
21diabetes-related services needed by a student at school and at
22school-sponsored activities and identifies the appropriate
23staff to provide and supervise these services.
24 "Health care provider" means a physician licensed to

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1practice medicine in all of its branches, advanced practice
2registered nurse who has a written agreement with a
3collaborating physician who authorizes the provision of
4diabetes care, or a physician assistant who has a written
5supervision agreement with a supervising physician who
6authorizes the provision of diabetes care.
7 "Principal" means the principal of the school.
8 "School" means any primary or secondary public, charter, or
9private school located in this State.
10 "School employee" means a person who is employed by a
11public school district or private school, a person who is
12employed by a local health department and assigned to a school,
13or a person who contracts with a school or school district to
14perform services in connection with a student's diabetes care
15plan. This definition must not be interpreted as requiring a
16school district or private school to hire additional personnel
17for the sole purpose of serving as a designated care aide.
18(Source: P.A. 96-1485, eff. 12-1-10.)
19 Section 95. The Nursing Education Scholarship Law is
20amended by changing Sections 3, 5, and 6.5 as follows:
21 (110 ILCS 975/3) (from Ch. 144, par. 2753)
22 Sec. 3. Definitions.
23 The following terms, whenever used or referred to, have the
24following meanings except where the context clearly indicates

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1otherwise:
2 (1) "Board" means the Board of Higher Education created by
3the Board of Higher Education Act.
4 (2) "Department" means the Illinois Department of Public
5Health.
6 (3) "Approved institution" means a public community
7college, private junior college, hospital-based diploma in
8nursing program, or public or private college or university
9located in this State that has approval by the Department of
10Professional Regulation for an associate degree in nursing
11program, associate degree in applied sciences in nursing
12program, hospital-based diploma in nursing program,
13baccalaureate degree in nursing program, graduate degree in
14nursing program, or certificate in practical nursing program.
15 (4) "Baccalaureate degree in nursing program" means a
16program offered by an approved institution and leading to a
17bachelor of science degree in nursing.
18 (5) "Enrollment" means the establishment and maintenance
19of an individual's status as a student in an approved
20institution, regardless of the terms used at the institution to
21describe such status.
22 (6) "Academic year" means the period of time from September
231 of one year through August 31 of the next year or as
24otherwise defined by the academic institution.
25 (7) "Associate degree in nursing program or hospital-based
26diploma in nursing program" means a program offered by an

HB0313 Enrolled- 186 -LRB100 04130 SMS 14135 b
1approved institution and leading to an associate degree in
2nursing, associate degree in applied sciences in nursing, or
3hospital-based diploma in nursing.
4 (8) "Graduate degree in nursing program" means a program
5offered by an approved institution and leading to a master of
6science degree in nursing or a doctorate of philosophy or
7doctorate of nursing degree in nursing.
8 (9) "Director" means the Director of the Illinois
9Department of Public Health.
10 (10) "Accepted for admission" means a student has completed
11the requirements for entry into an associate degree in nursing
12program, associate degree in applied sciences in nursing
13program, hospital-based diploma in nursing program,
14baccalaureate degree in nursing program, graduate degree in
15nursing program, or certificate in practical nursing program at
16an approved institution, as documented by the institution.
17 (11) "Fees" means those mandatory charges, in addition to
18tuition, that all enrolled students must pay, including
19required course or lab fees.
20 (12) "Full-time student" means a student enrolled for at
21least 12 hours per term or as otherwise determined by the
22academic institution.
23 (13) "Law" means the Nursing Education Scholarship Law.
24 (14) "Nursing employment obligation" means employment in
25this State as a registered professional nurse, licensed
26practical nurse, or advanced practice registered nurse in

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1direct patient care for at least one year for each year of
2scholarship assistance received through the Nursing Education
3Scholarship Program.
4 (15) "Part-time student" means a person who is enrolled for
5at least one-third of the number of hours required per term by
6a school for its full-time students.
7 (16) "Practical nursing program" means a program offered by
8an approved institution leading to a certificate in practical
9nursing.
10 (17) "Registered professional nurse" means a person who is
11currently licensed as a registered professional nurse by the
12Department of Professional Regulation under the Nurse Practice
13Act.
14 (18) "Licensed practical nurse" means a person who is
15currently licensed as a licensed practical nurse by the
16Department of Professional Regulation under the Nurse Practice
17Act.
18 (19) "School term" means an academic term, such as a
19semester, quarter, trimester, or number of clock hours, as
20defined by an approved institution.
21 (20) "Student in good standing" means a student maintaining
22a cumulative grade point average equivalent to at least the
23academic grade of a "C".
24 (21) "Total and permanent disability" means a physical or
25mental impairment, disease, or loss of a permanent nature that
26prevents nursing employment with or without reasonable

HB0313 Enrolled- 188 -LRB100 04130 SMS 14135 b
1accommodation. Proof of disability shall be a declaration from
2the social security administration, Illinois Workers'
3Compensation Commission, Department of Defense, or an insurer
4authorized to transact business in Illinois who is providing
5disability insurance coverage to a contractor.
6 (22) "Tuition" means the established charges of an
7institution of higher learning for instruction at that
8institution.
9 (23) "Nurse educator" means a person who is currently
10licensed as a registered nurse by the Department of
11Professional Regulation under the Nurse Practice Act, who has a
12graduate degree in nursing, and who is employed by an approved
13academic institution to educate registered nursing students,
14licensed practical nursing students, and registered nurses
15pursuing graduate degrees.
16 (24) "Nurse educator employment obligation" means
17employment in this State as a nurse educator for at least 2
18years for each year of scholarship assistance received under
19Section 6.5 of this Law.
20 Rulemaking authority to implement this amendatory Act of
21the 96th General Assembly, if any, is conditioned on the rules
22being adopted in accordance with all provisions of the Illinois
23Administrative Procedure Act and all rules and procedures of
24the Joint Committee on Administrative Rules; any purported rule
25not so adopted, for whatever reason, is unauthorized.
26(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;

HB0313 Enrolled- 189 -LRB100 04130 SMS 14135 b
196-805, eff. 10-30-09.)
2 (110 ILCS 975/5) (from Ch. 144, par. 2755)
3 Sec. 5. Nursing education scholarships. Beginning with the
4fall term of the 2004-2005 academic year, the Department, in
5accordance with rules and regulations promulgated by it for
6this program, shall provide scholarships to individuals
7selected from among those applicants who qualify for
8consideration by showing:
9 (1) that he or she has been a resident of this State
10 for at least one year prior to application, and is a
11 citizen or a lawful permanent resident alien of the United
12 States;
13 (2) that he or she is enrolled in or accepted for
14 admission to an associate degree in nursing program,
15 hospital-based diploma in nursing program, baccalaureate
16 degree in nursing program, graduate degree in nursing
17 program, or practical nursing program at an approved
18 institution; and
19 (3) that he or she agrees to meet the nursing
20 employment obligation.
21 If in any year the number of qualified applicants exceeds
22the number of scholarships to be awarded, the Department shall,
23in consultation with the Illinois Nursing Workforce Center for
24Nursing Advisory Board, consider the following factors in
25granting priority in awarding scholarships:

HB0313 Enrolled- 190 -LRB100 04130 SMS 14135 b
1 (A) Financial need, as shown on a standardized
2 financial needs assessment form used by an approved
3 institution, of students who will pursue their
4 education on a full-time or close to full-time basis
5 and who already have a certificate in practical
6 nursing, a diploma in nursing, or an associate degree
7 in nursing and are pursuing a higher degree.
8 (B) A student's status as a registered nurse who is
9 pursuing a graduate degree in nursing to pursue
10 employment in an approved institution that educates
11 licensed practical nurses and that educates registered
12 nurses in undergraduate and graduate nursing programs.
13 (C) A student's merit, as shown through his or her
14 grade point average, class rank, and other academic and
15 extracurricular activities. The Department may add to
16 and further define these merit criteria by rule.
17 Unless otherwise indicated, scholarships shall be awarded
18to recipients at approved institutions for a period of up to 2
19years if the recipient is enrolled in an associate degree in
20nursing program, up to 3 years if the recipient is enrolled in
21a hospital-based diploma in nursing program, up to 4 years if
22the recipient is enrolled in a baccalaureate degree in nursing
23program, up to 5 years if the recipient is enrolled in a
24graduate degree in nursing program, and up to one year if the
25recipient is enrolled in a certificate in practical nursing
26program. At least 40% of the scholarships awarded shall be for

HB0313 Enrolled- 191 -LRB100 04130 SMS 14135 b
1recipients who are pursuing baccalaureate degrees in nursing,
230% of the scholarships awarded shall be for recipients who are
3pursuing associate degrees in nursing or a diploma in nursing,
410% of the scholarships awarded shall be for recipients who are
5pursuing a certificate in practical nursing, and 20% of the
6scholarships awarded shall be for recipients who are pursuing a
7graduate degree in nursing.
8(Source: P.A. 93-879, eff. 1-1-05; 94-1020, eff. 7-11-06.)
9 (110 ILCS 975/6.5)
10 Sec. 6.5. Nurse educator scholarships.
11 (a) Beginning with the fall term of the 2009-2010 academic
12year, the Department shall provide scholarships to individuals
13selected from among those applicants who qualify for
14consideration by showing the following:
15 (1) that he or she has been a resident of this State
16 for at least one year prior to application and is a citizen
17 or a lawful permanent resident alien of the United States;
18 (2) that he or she is enrolled in or accepted for
19 admission to a graduate degree in nursing program at an
20 approved institution; and
21 (3) that he or she agrees to meet the nurse educator
22 employment obligation.
23 (b) If in any year the number of qualified applicants
24exceeds the number of scholarships to be awarded under this
25Section, the Department shall, in consultation with the

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1Illinois Nursing Workforce Center for Nursing Advisory Board,
2consider the following factors in granting priority in awarding
3scholarships:
4 (1) Financial need, as shown on a standardized
5 financial needs assessment form used by an approved
6 institution, of students who will pursue their education on
7 a full-time or close to full-time basis and who already
8 have a diploma in nursing and are pursuing a higher degree.
9 (2) A student's status as a registered nurse who is
10 pursuing a graduate degree in nursing to pursue employment
11 in an approved institution that educates licensed
12 practical nurses and that educates registered nurses in
13 undergraduate and graduate nursing programs.
14 (3) A student's merit, as shown through his or her
15 grade point average, class rank, experience as a nurse,
16 including supervisory experience, experience as a nurse in
17 the United States military, and other academic and
18 extracurricular activities.
19 (c) Unless otherwise indicated, scholarships under this
20Section shall be awarded to recipients at approved institutions
21for a period of up to 3 years.
22 (d) Within 12 months after graduation from a graduate
23degree in nursing program for nurse educators, any recipient
24who accepted a scholarship under this Section shall begin
25meeting the required nurse educator employment obligation. In
26order to defer his or her continuous employment obligation, a

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1recipient must request the deferment in writing from the
2Department. A recipient shall receive a deferment if he or she
3notifies the Department, within 30 days after enlisting, that
4he or she is spending up to 4 years in military service. A
5recipient shall receive a deferment if he or she notifies the
6Department, within 30 days after enrolling, that he or she is
7enrolled in an academic program leading to a graduate degree in
8nursing. The recipient must begin meeting the required nurse
9educator employment obligation no later than 6 months after the
10end of the deferment or deferments.
11 Any person who fails to fulfill the nurse educator
12employment obligation shall pay to the Department an amount
13equal to the amount of scholarship funds received per year for
14each unfulfilled year of the nurse educator employment
15obligation, together with interest at 7% per year on the unpaid
16balance. Payment must begin within 6 months following the date
17of the occurrence initiating the repayment. All repayments must
18be completed within 6 years from the date of the occurrence
19initiating the repayment. However, this repayment obligation
20may be deferred and re-evaluated every 6 months when the
21failure to fulfill the nurse educator employment obligation
22results from involuntarily leaving the profession due to a
23decrease in the number of nurses employed in this State or when
24the failure to fulfill the nurse educator employment obligation
25results from total and permanent disability. The repayment
26obligation shall be excused if the failure to fulfill the nurse

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1educator employment obligation results from the death or
2adjudication as incompetent of the person holding the
3scholarship. No claim for repayment may be filed against the
4estate of such a decedent or incompetent.
5 The Department may allow a nurse educator employment
6obligation fulfillment alternative if the nurse educator
7scholarship recipient is unsuccessful in finding work as a
8nurse educator. The Department shall maintain a database of all
9available nurse educator positions in this State.
10 (e) Each person applying for a scholarship under this
11Section must be provided with a copy of this Section at the
12time of application for the benefits of this scholarship.
13 (f) Rulemaking authority to implement this amendatory Act
14of the 96th General Assembly, if any, is conditioned on the
15rules being adopted in accordance with all provisions of the
16Illinois Administrative Procedure Act and all rules and
17procedures of the Joint Committee on Administrative Rules; any
18purported rule not so adopted, for whatever reason, is
19unauthorized.
20(Source: P.A. 96-805, eff. 10-30-09.)
21 Section 100. The Ambulatory Surgical Treatment Center Act
22is amended by changing Section 6.5 as follows:
23 (210 ILCS 5/6.5)
24 Sec. 6.5. Clinical privileges; advanced practice

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1registered nurses. All ambulatory surgical treatment centers
2(ASTC) licensed under this Act shall comply with the following
3requirements:
4 (1) No ASTC policy, rule, regulation, or practice shall
5 be inconsistent with the provision of adequate
6 collaboration and consultation in accordance with Section
7 54.5 of the Medical Practice Act of 1987.
8 (2) Operative surgical procedures shall be performed
9 only by a physician licensed to practice medicine in all
10 its branches under the Medical Practice Act of 1987, a
11 dentist licensed under the Illinois Dental Practice Act, or
12 a podiatric physician licensed under the Podiatric Medical
13 Practice Act of 1987, with medical staff membership and
14 surgical clinical privileges granted by the consulting
15 committee of the ASTC. A licensed physician, dentist, or
16 podiatric physician may be assisted by a physician licensed
17 to practice medicine in all its branches, dentist, dental
18 assistant, podiatric physician, licensed advanced practice
19 registered nurse, licensed physician assistant, licensed
20 registered nurse, licensed practical nurse, surgical
21 assistant, surgical technician, or other individuals
22 granted clinical privileges to assist in surgery by the
23 consulting committee of the ASTC. Payment for services
24 rendered by an assistant in surgery who is not an
25 ambulatory surgical treatment center employee shall be
26 paid at the appropriate non-physician modifier rate if the

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1 payor would have made payment had the same services been
2 provided by a physician.
3 (2.5) A registered nurse licensed under the Nurse
4 Practice Act and qualified by training and experience in
5 operating room nursing shall be present in the operating
6 room and function as the circulating nurse during all
7 invasive or operative procedures. For purposes of this
8 paragraph (2.5), "circulating nurse" means a registered
9 nurse who is responsible for coordinating all nursing care,
10 patient safety needs, and the needs of the surgical team in
11 the operating room during an invasive or operative
12 procedure.
13 (3) An advanced practice registered nurse is not
14 required to possess prescriptive authority or a written
15 collaborative agreement meeting the requirements of the
16 Nurse Practice Act to provide advanced practice registered
17 nursing services in an ambulatory surgical treatment
18 center. An advanced practice registered nurse must possess
19 clinical privileges granted by the consulting medical
20 staff committee and ambulatory surgical treatment center
21 in order to provide services. Individual advanced practice
22 registered nurses may also be granted clinical privileges
23 to order, select, and administer medications, including
24 controlled substances, to provide delineated care. The
25 attending physician must determine the advanced practice
26 registered nurse's role in providing care for his or her

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1 patients, except as otherwise provided in the consulting
2 staff policies. The consulting medical staff committee
3 shall periodically review the services of advanced
4 practice registered nurses granted privileges.
5 (4) The anesthesia service shall be under the direction
6 of a physician licensed to practice medicine in all its
7 branches who has had specialized preparation or experience
8 in the area or who has completed a residency in
9 anesthesiology. An anesthesiologist, Board certified or
10 Board eligible, is recommended. Anesthesia services may
11 only be administered pursuant to the order of a physician
12 licensed to practice medicine in all its branches, licensed
13 dentist, or licensed podiatric physician.
14 (A) The individuals who, with clinical privileges
15 granted by the medical staff and ASTC, may administer
16 anesthesia services are limited to the following:
17 (i) an anesthesiologist; or
18 (ii) a physician licensed to practice medicine
19 in all its branches; or
20 (iii) a dentist with authority to administer
21 anesthesia under Section 8.1 of the Illinois
22 Dental Practice Act; or
23 (iv) a licensed certified registered nurse
24 anesthetist; or
25 (v) a podiatric physician licensed under the
26 Podiatric Medical Practice Act of 1987.

HB0313 Enrolled- 198 -LRB100 04130 SMS 14135 b
1 (B) For anesthesia services, an anesthesiologist
2 shall participate through discussion of and agreement
3 with the anesthesia plan and shall remain physically
4 present and be available on the premises during the
5 delivery of anesthesia services for diagnosis,
6 consultation, and treatment of emergency medical
7 conditions. In the absence of 24-hour availability of
8 anesthesiologists with clinical privileges, an
9 alternate policy (requiring participation, presence,
10 and availability of a physician licensed to practice
11 medicine in all its branches) shall be developed by the
12 medical staff consulting committee in consultation
13 with the anesthesia service and included in the medical
14 staff consulting committee policies.
15 (C) A certified registered nurse anesthetist is
16 not required to possess prescriptive authority or a
17 written collaborative agreement meeting the
18 requirements of Section 65-35 of the Nurse Practice Act
19 to provide anesthesia services ordered by a licensed
20 physician, dentist, or podiatric physician. Licensed
21 certified registered nurse anesthetists are authorized
22 to select, order, and administer drugs and apply the
23 appropriate medical devices in the provision of
24 anesthesia services under the anesthesia plan agreed
25 with by the anesthesiologist or, in the absence of an
26 available anesthesiologist with clinical privileges,

HB0313 Enrolled- 199 -LRB100 04130 SMS 14135 b
1 agreed with by the operating physician, operating
2 dentist, or operating podiatric physician in
3 accordance with the medical staff consulting committee
4 policies of a licensed ambulatory surgical treatment
5 center.
6(Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
7 Section 105. The Assisted Living and Shared Housing Act is
8amended by changing Section 10 as follows:
9 (210 ILCS 9/10)
10 Sec. 10. Definitions. For purposes of this Act:
11 "Activities of daily living" means eating, dressing,
12bathing, toileting, transferring, or personal hygiene.
13 "Assisted living establishment" or "establishment" means a
14home, building, residence, or any other place where sleeping
15accommodations are provided for at least 3 unrelated adults, at
16least 80% of whom are 55 years of age or older and where the
17following are provided consistent with the purposes of this
18Act:
19 (1) services consistent with a social model that is
20 based on the premise that the resident's unit in assisted
21 living and shared housing is his or her own home;
22 (2) community-based residential care for persons who
23 need assistance with activities of daily living, including
24 personal, supportive, and intermittent health-related

HB0313 Enrolled- 200 -LRB100 04130 SMS 14135 b
1 services available 24 hours per day, if needed, to meet the
2 scheduled and unscheduled needs of a resident;
3 (3) mandatory services, whether provided directly by
4 the establishment or by another entity arranged for by the
5 establishment, with the consent of the resident or
6 resident's representative; and
7 (4) a physical environment that is a homelike setting
8 that includes the following and such other elements as
9 established by the Department: individual living units
10 each of which shall accommodate small kitchen appliances
11 and contain private bathing, washing, and toilet
12 facilities, or private washing and toilet facilities with a
13 common bathing room readily accessible to each resident.
14 Units shall be maintained for single occupancy except in
15 cases in which 2 residents choose to share a unit.
16 Sufficient common space shall exist to permit individual
17 and group activities.
18 "Assisted living establishment" or "establishment" does
19not mean any of the following:
20 (1) A home, institution, or similar place operated by
21 the federal government or the State of Illinois.
22 (2) A long term care facility licensed under the
23 Nursing Home Care Act, a facility licensed under the
24 Specialized Mental Health Rehabilitation Act of 2013, a
25 facility licensed under the ID/DD Community Care Act, or a
26 facility licensed under the MC/DD Act. However, a facility

HB0313 Enrolled- 201 -LRB100 04130 SMS 14135 b
1 licensed under any of those Acts may convert distinct parts
2 of the facility to assisted living. If the facility elects
3 to do so, the facility shall retain the Certificate of Need
4 for its nursing and sheltered care beds that were
5 converted.
6 (3) A hospital, sanitarium, or other institution, the
7 principal activity or business of which is the diagnosis,
8 care, and treatment of human illness and that is required
9 to be licensed under the Hospital Licensing Act.
10 (4) A facility for child care as defined in the Child
11 Care Act of 1969.
12 (5) A community living facility as defined in the
13 Community Living Facilities Licensing Act.
14 (6) A nursing home or sanitarium operated solely by and
15 for persons who rely exclusively upon treatment by
16 spiritual means through prayer in accordance with the creed
17 or tenants of a well-recognized church or religious
18 denomination.
19 (7) A facility licensed by the Department of Human
20 Services as a community-integrated living arrangement as
21 defined in the Community-Integrated Living Arrangements
22 Licensure and Certification Act.
23 (8) A supportive residence licensed under the
24 Supportive Residences Licensing Act.
25 (9) The portion of a life care facility as defined in
26 the Life Care Facilities Act not licensed as an assisted

HB0313 Enrolled- 202 -LRB100 04130 SMS 14135 b
1 living establishment under this Act; a life care facility
2 may apply under this Act to convert sections of the
3 community to assisted living.
4 (10) A free-standing hospice facility licensed under
5 the Hospice Program Licensing Act.
6 (11) A shared housing establishment.
7 (12) A supportive living facility as described in
8 Section 5-5.01a of the Illinois Public Aid Code.
9 "Department" means the Department of Public Health.
10 "Director" means the Director of Public Health.
11 "Emergency situation" means imminent danger of death or
12serious physical harm to a resident of an establishment.
13 "License" means any of the following types of licenses
14issued to an applicant or licensee by the Department:
15 (1) "Probationary license" means a license issued to an
16 applicant or licensee that has not held a license under
17 this Act prior to its application or pursuant to a license
18 transfer in accordance with Section 50 of this Act.
19 (2) "Regular license" means a license issued by the
20 Department to an applicant or licensee that is in
21 substantial compliance with this Act and any rules
22 promulgated under this Act.
23 "Licensee" means a person, agency, association,
24corporation, partnership, or organization that has been issued
25a license to operate an assisted living or shared housing
26establishment.

HB0313 Enrolled- 203 -LRB100 04130 SMS 14135 b
1 "Licensed health care professional" means a registered
2professional nurse, an advanced practice registered nurse, a
3physician assistant, and a licensed practical nurse.
4 "Mandatory services" include the following:
5 (1) 3 meals per day available to the residents prepared
6 by the establishment or an outside contractor;
7 (2) housekeeping services including, but not limited
8 to, vacuuming, dusting, and cleaning the resident's unit;
9 (3) personal laundry and linen services available to
10 the residents provided or arranged for by the
11 establishment;
12 (4) security provided 24 hours each day including, but
13 not limited to, locked entrances or building or contract
14 security personnel;
15 (5) an emergency communication response system, which
16 is a procedure in place 24 hours each day by which a
17 resident can notify building management, an emergency
18 response vendor, or others able to respond to his or her
19 need for assistance; and
20 (6) assistance with activities of daily living as
21 required by each resident.
22 "Negotiated risk" is the process by which a resident, or
23his or her representative, may formally negotiate with
24providers what risks each are willing and unwilling to assume
25in service provision and the resident's living environment. The
26provider assures that the resident and the resident's

HB0313 Enrolled- 204 -LRB100 04130 SMS 14135 b
1representative, if any, are informed of the risks of these
2decisions and of the potential consequences of assuming these
3risks.
4 "Owner" means the individual, partnership, corporation,
5association, or other person who owns an assisted living or
6shared housing establishment. In the event an assisted living
7or shared housing establishment is operated by a person who
8leases or manages the physical plant, which is owned by another
9person, "owner" means the person who operates the assisted
10living or shared housing establishment, except that if the
11person who owns the physical plant is an affiliate of the
12person who operates the assisted living or shared housing
13establishment and has significant control over the day to day
14operations of the assisted living or shared housing
15establishment, the person who owns the physical plant shall
16incur jointly and severally with the owner all liabilities
17imposed on an owner under this Act.
18 "Physician" means a person licensed under the Medical
19Practice Act of 1987 to practice medicine in all of its
20branches.
21 "Resident" means a person residing in an assisted living or
22shared housing establishment.
23 "Resident's representative" means a person, other than the
24owner, agent, or employee of an establishment or of the health
25care provider unless related to the resident, designated in
26writing by a resident to be his or her representative. This

HB0313 Enrolled- 205 -LRB100 04130 SMS 14135 b
1designation may be accomplished through the Illinois Power of
2Attorney Act, pursuant to the guardianship process under the
3Probate Act of 1975, or pursuant to an executed designation of
4representative form specified by the Department.
5 "Self" means the individual or the individual's designated
6representative.
7 "Shared housing establishment" or "establishment" means a
8publicly or privately operated free-standing residence for 16
9or fewer persons, at least 80% of whom are 55 years of age or
10older and who are unrelated to the owners and one manager of
11the residence, where the following are provided:
12 (1) services consistent with a social model that is
13 based on the premise that the resident's unit is his or her
14 own home;
15 (2) community-based residential care for persons who
16 need assistance with activities of daily living, including
17 housing and personal, supportive, and intermittent
18 health-related services available 24 hours per day, if
19 needed, to meet the scheduled and unscheduled needs of a
20 resident; and
21 (3) mandatory services, whether provided directly by
22 the establishment or by another entity arranged for by the
23 establishment, with the consent of the resident or the
24 resident's representative.
25 "Shared housing establishment" or "establishment" does not
26mean any of the following:

HB0313 Enrolled- 206 -LRB100 04130 SMS 14135 b
1 (1) A home, institution, or similar place operated by
2 the federal government or the State of Illinois.
3 (2) A long term care facility licensed under the
4 Nursing Home Care Act, a facility licensed under the
5 Specialized Mental Health Rehabilitation Act of 2013, a
6 facility licensed under the ID/DD Community Care Act, or a
7 facility licensed under the MC/DD Act. A facility licensed
8 under any of those Acts may, however, convert sections of
9 the facility to assisted living. If the facility elects to
10 do so, the facility shall retain the Certificate of Need
11 for its nursing beds that were converted.
12 (3) A hospital, sanitarium, or other institution, the
13 principal activity or business of which is the diagnosis,
14 care, and treatment of human illness and that is required
15 to be licensed under the Hospital Licensing Act.
16 (4) A facility for child care as defined in the Child
17 Care Act of 1969.
18 (5) A community living facility as defined in the
19 Community Living Facilities Licensing Act.
20 (6) A nursing home or sanitarium operated solely by and
21 for persons who rely exclusively upon treatment by
22 spiritual means through prayer in accordance with the creed
23 or tenants of a well-recognized church or religious
24 denomination.
25 (7) A facility licensed by the Department of Human
26 Services as a community-integrated living arrangement as

HB0313 Enrolled- 207 -LRB100 04130 SMS 14135 b
1 defined in the Community-Integrated Living Arrangements
2 Licensure and Certification Act.
3 (8) A supportive residence licensed under the
4 Supportive Residences Licensing Act.
5 (9) A life care facility as defined in the Life Care
6 Facilities Act; a life care facility may apply under this
7 Act to convert sections of the community to assisted
8 living.
9 (10) A free-standing hospice facility licensed under
10 the Hospice Program Licensing Act.
11 (11) An assisted living establishment.
12 (12) A supportive living facility as described in
13 Section 5-5.01a of the Illinois Public Aid Code.
14 "Total assistance" means that staff or another individual
15performs the entire activity of daily living without
16participation by the resident.
17(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
18 Section 110. The Illinois Clinical Laboratory and Blood
19Bank Act is amended by changing Section 7-101 as follows:
20 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
21 Sec. 7-101. Examination of specimens. A clinical
22laboratory shall examine specimens only at the request of (i) a
23licensed physician, (ii) a licensed dentist, (iii) a licensed
24podiatric physician, (iv) a licensed optometrist, (v) a

HB0313 Enrolled- 208 -LRB100 04130 SMS 14135 b
1licensed physician assistant, (v-A) a licensed advanced
2practice registered nurse, (vi) an authorized law enforcement
3agency or, in the case of blood alcohol, at the request of the
4individual for whom the test is to be performed in compliance
5with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code,
6or (vii) a genetic counselor with the specific authority from a
7referral to order a test or tests pursuant to subsection (b) of
8Section 20 of the Genetic Counselor Licensing Act. If the
9request to a laboratory is oral, the physician or other
10authorized person shall submit a written request to the
11laboratory within 48 hours. If the laboratory does not receive
12the written request within that period, it shall note that fact
13in its records. For purposes of this Section, a request made by
14electronic mail or fax constitutes a written request.
15(Source: P.A. 98-185, eff. 1-1-14; 98-214, eff. 8-9-13; 98-756,
16eff. 7-16-14; 98-767, eff. 1-1-15; 99-173, eff. 7-29-15.)
17 Section 115. The Nursing Home Care Act is amended by
18changing Section 3-206.05 as follows:
19 (210 ILCS 45/3-206.05)
20 Sec. 3-206.05. Safe resident handling policy.
21 (a) In this Section:
22 "Health care worker" means an individual providing direct
23resident care services who may be required to lift, transfer,
24reposition, or move a resident.

HB0313 Enrolled- 209 -LRB100 04130 SMS 14135 b
1 "Nurse" means an advanced practice registered nurse, a
2registered nurse, or a licensed practical nurse licensed under
3the Nurse Practice Act.
4 "Safe lifting equipment and accessories" means mechanical
5equipment designed to lift, move, reposition, and transfer
6residents, including, but not limited to, fixed and portable
7ceiling lifts, sit-to-stand lifts, slide sheets and boards,
8slings, and repositioning and turning sheets.
9 "Safe lifting team" means at least 2 individuals who are
10trained and proficient in the use of both safe lifting
11techniques and safe lifting equipment and accessories.
12 "Adjustable equipment" means products and devices that may
13be adapted for use by individuals with physical and other
14disabilities in order to optimize accessibility. Adjustable
15equipment includes, but is not limited to, the following:
16 (1) Wheelchairs with adjustable footrest height and
17 seat width and depth.
18 (2) Height-adjustable, drop-arm commode chairs and
19 height-adjustable shower gurneys or shower benches to
20 enable individuals with mobility disabilities to use a
21 toilet and to shower safely and with increased comfort.
22 (3) Accessible weight scales that accommodate
23 wheelchair users.
24 (4) Height-adjustable beds that can be lowered to
25 accommodate individuals with mobility disabilities in
26 getting in and out of bed and that utilize drop-down side

HB0313 Enrolled- 210 -LRB100 04130 SMS 14135 b
1 railings for stability and positioning support.
2 (5) Universally designed or adaptable call buttons and
3 motorized bed position and height controls that can be
4 operated by persons with limited or no reach range, fine
5 motor ability, or vision.
6 (6) Height-adjustable platform tables for physical
7 therapy with drop-down side railings for stability and
8 positioning support.
9 (7) Therapeutic rehabilitation and exercise machines
10 with foot straps to secure the user's feet to the pedals
11 and with cuffs or splints to augment the user's grip
12 strength on handles.
13 (b) A facility must adopt and ensure implementation of a
14policy to identify, assess, and develop strategies to control
15risk of injury to residents and nurses and other health care
16workers associated with the lifting, transferring,
17repositioning, or movement of a resident. The policy shall
18establish a process that, at a minimum, includes all of the
19following:
20 (1) Analysis of the risk of injury to residents and
21 nurses and other health care workers taking into account
22 the resident handling needs of the resident populations
23 served by the facility and the physical environment in
24 which the resident handling and movement occurs.
25 (2) Education and training of nurses and other direct
26 resident care providers in the identification, assessment,

HB0313 Enrolled- 211 -LRB100 04130 SMS 14135 b
1 and control of risks of injury to residents and nurses and
2 other health care workers during resident handling and on
3 safe lifting policies and techniques and current lifting
4 equipment.
5 (3) Evaluation of alternative ways to reduce risks
6 associated with resident handling, including evaluation of
7 equipment and the environment.
8 (4) Restriction, to the extent feasible with existing
9 equipment and aids, of manual resident handling or movement
10 of all or most of a resident's weight except for emergency,
11 life-threatening, or otherwise exceptional circumstances.
12 (5) Procedures for a nurse to refuse to perform or be
13 involved in resident handling or movement that the nurse in
14 good faith believes will expose a resident or nurse or
15 other health care worker to an unacceptable risk of injury.
16 (6) Development of strategies to control risk of injury
17 to residents and nurses and other health care workers
18 associated with the lifting, transferring, repositioning,
19 or movement of a resident.
20 (7) In developing architectural plans for construction
21 or remodeling of a facility or unit of a facility in which
22 resident handling and movement occurs, consideration of
23 the feasibility of incorporating resident handling
24 equipment or the physical space and construction design
25 needed to incorporate that equipment.
26 (8) Fostering and maintaining resident safety,

HB0313 Enrolled- 212 -LRB100 04130 SMS 14135 b
1 dignity, self-determination, and choice, including the
2 following policies, strategies, and procedures:
3 (A) The existence and availability of a trained
4 safe lifting team.
5 (B) A policy of advising residents of a range of
6 transfer and lift options, including adjustable
7 diagnostic and treatment equipment, mechanical lifts,
8 and provision of a trained safe lifting team.
9 (C) The right of a competent resident, or the
10 guardian of a resident adjudicated incompetent, to
11 choose among the range of transfer and lift options
12 consistent with the procedures set forth under
13 subdivision (b)(5) and the policies set forth under
14 this paragraph (8), subject to the provisions of
15 subparagraph (E) of this paragraph (8).
16 (D) Procedures for documenting, upon admission and
17 as status changes, a mobility assessment and plan for
18 lifting, transferring, repositioning, or movement of a
19 resident, including the choice of the resident or the
20 resident's guardian among the range of transfer and
21 lift options.
22 (E) Incorporation of such safe lifting procedures,
23 techniques, and equipment as are consistent with
24 applicable federal law.
25 (c) Safe lifting teams must receive specialized, in-depth
26training that includes, but need not be limited to, the

HB0313 Enrolled- 213 -LRB100 04130 SMS 14135 b
1following:
2 (1) Types and operation of equipment.
3 (2) Safe manual lifting and moving techniques.
4 (3) Ergonomic principles in the assessment of risk both
5 to nurses and other workers and to residents.
6 (4) The selection, safe use, location, and condition of
7 appropriate pieces of equipment individualized to each
8 resident's medical and physical conditions and
9 preferences.
10 (5) Procedures for advising residents of the full range
11 of transfer and lift options and for documenting
12 individualized lifting plans that include resident choice.
13 Specialized, in-depth training may rely on federal
14standards and guidelines such as the United States Department
15of Labor Guidelines for Nursing Homes, supplemented by federal
16requirements for barrier removal, independent access, and
17means of accommodation optimizing independent movement and
18transfer.
19(Source: P.A. 96-389, eff. 1-1-10; 97-866, eff. 1-1-13.)
20 Section 120. The Emergency Medical Services (EMS) Systems
21Act is amended by changing Sections 3.10 and 3.117 as follows:
22 (210 ILCS 50/3.10)
23 Sec. 3.10. Scope of Services.
24 (a) "Advanced Life Support (ALS) Services" means an

HB0313 Enrolled- 214 -LRB100 04130 SMS 14135 b
1advanced level of pre-hospital and inter-hospital emergency
2care and non-emergency medical services that includes basic
3life support care, cardiac monitoring, cardiac defibrillation,
4electrocardiography, intravenous therapy, administration of
5medications, drugs and solutions, use of adjunctive medical
6devices, trauma care, and other authorized techniques and
7procedures, as outlined in the provisions of the National EMS
8Education Standards relating to Advanced Life Support and any
9modifications to that curriculum specified in rules adopted by
10the Department pursuant to this Act.
11 That care shall be initiated as authorized by the EMS
12Medical Director in a Department approved advanced life support
13EMS System, under the written or verbal direction of a
14physician licensed to practice medicine in all of its branches
15or under the verbal direction of an Emergency Communications
16Registered Nurse.
17 (b) "Intermediate Life Support (ILS) Services" means an
18intermediate level of pre-hospital and inter-hospital
19emergency care and non-emergency medical services that
20includes basic life support care plus intravenous cannulation
21and fluid therapy, invasive airway management, trauma care, and
22other authorized techniques and procedures, as outlined in the
23Intermediate Life Support national curriculum of the United
24States Department of Transportation and any modifications to
25that curriculum specified in rules adopted by the Department
26pursuant to this Act.

HB0313 Enrolled- 215 -LRB100 04130 SMS 14135 b
1 That care shall be initiated as authorized by the EMS
2Medical Director in a Department approved intermediate or
3advanced life support EMS System, under the written or verbal
4direction of a physician licensed to practice medicine in all
5of its branches or under the verbal direction of an Emergency
6Communications Registered Nurse.
7 (c) "Basic Life Support (BLS) Services" means a basic level
8of pre-hospital and inter-hospital emergency care and
9non-emergency medical services that includes medical
10monitoring, clinical observation, airway management,
11cardiopulmonary resuscitation (CPR), control of shock and
12bleeding and splinting of fractures, as outlined in the
13provisions of the National EMS Education Standards relating to
14Basic Life Support and any modifications to that curriculum
15specified in rules adopted by the Department pursuant to this
16Act.
17 That care shall be initiated, where authorized by the EMS
18Medical Director in a Department approved EMS System, under the
19written or verbal direction of a physician licensed to practice
20medicine in all of its branches or under the verbal direction
21of an Emergency Communications Registered Nurse.
22 (d) "Emergency Medical Responder Services" means a
23preliminary level of pre-hospital emergency care that includes
24cardiopulmonary resuscitation (CPR), monitoring vital signs
25and control of bleeding, as outlined in the Emergency Medical
26Responder (EMR) curriculum of the National EMS Education

HB0313 Enrolled- 216 -LRB100 04130 SMS 14135 b
1Standards and any modifications to that curriculum specified in
2rules adopted by the Department pursuant to this Act.
3 (e) "Pre-hospital care" means those medical services
4rendered to patients for analytic, resuscitative, stabilizing,
5or preventive purposes, precedent to and during transportation
6of such patients to health care facilities.
7 (f) "Inter-hospital care" means those medical services
8rendered to patients for analytic, resuscitative, stabilizing,
9or preventive purposes, during transportation of such patients
10from one hospital to another hospital.
11 (f-5) "Critical care transport" means the pre-hospital or
12inter-hospital transportation of a critically injured or ill
13patient by a vehicle service provider, including the provision
14of medically necessary supplies and services, at a level of
15service beyond the scope of the Paramedic. When medically
16indicated for a patient, as determined by a physician licensed
17to practice medicine in all of its branches, an advanced
18practice registered nurse, or a physician's assistant, in
19compliance with subsections (b) and (c) of Section 3.155 of
20this Act, critical care transport may be provided by:
21 (1) Department-approved critical care transport
22 providers, not owned or operated by a hospital, utilizing
23 Paramedics with additional training, nurses, or other
24 qualified health professionals; or
25 (2) Hospitals, when utilizing any vehicle service
26 provider or any hospital-owned or operated vehicle service

HB0313 Enrolled- 217 -LRB100 04130 SMS 14135 b
1 provider. Nothing in Public Act 96-1469 requires a hospital
2 to use, or to be, a Department-approved critical care
3 transport provider when transporting patients, including
4 those critically injured or ill. Nothing in this Act shall
5 restrict or prohibit a hospital from providing, or
6 arranging for, the medically appropriate transport of any
7 patient, as determined by a physician licensed to practice
8 in all of its branches, an advanced practice registered
9 nurse, or a physician's assistant.
10 (g) "Non-emergency medical services" means medical care,
11clinical observation, or medical monitoring rendered to
12patients whose conditions do not meet this Act's definition of
13emergency, before or during transportation of such patients to
14or from health care facilities visited for the purpose of
15obtaining medical or health care services which are not
16emergency in nature, using a vehicle regulated by this Act.
17 (g-5) The Department shall have the authority to promulgate
18minimum standards for critical care transport providers
19through rules adopted pursuant to this Act. All critical care
20transport providers must function within a Department-approved
21EMS System. Nothing in Department rules shall restrict a
22hospital's ability to furnish personnel, equipment, and
23medical supplies to any vehicle service provider, including a
24critical care transport provider. Minimum critical care
25transport provider standards shall include, but are not limited
26to:

HB0313 Enrolled- 218 -LRB100 04130 SMS 14135 b
1 (1) Personnel staffing and licensure.
2 (2) Education, certification, and experience.
3 (3) Medical equipment and supplies.
4 (4) Vehicular standards.
5 (5) Treatment and transport protocols.
6 (6) Quality assurance and data collection.
7 (h) The provisions of this Act shall not apply to the use
8of an ambulance or SEMSV, unless and until emergency or
9non-emergency medical services are needed during the use of the
10ambulance or SEMSV.
11(Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17.)
12 (210 ILCS 50/3.117)
13 Sec. 3.117. Hospital Designations.
14 (a) The Department shall attempt to designate Primary
15Stroke Centers in all areas of the State.
16 (1) The Department shall designate as many certified
17 Primary Stroke Centers as apply for that designation
18 provided they are certified by a nationally-recognized
19 certifying body, approved by the Department, and
20 certification criteria are consistent with the most
21 current nationally-recognized, evidence-based stroke
22 guidelines related to reducing the occurrence,
23 disabilities, and death associated with stroke.
24 (2) A hospital certified as a Primary Stroke Center by
25 a nationally-recognized certifying body approved by the

HB0313 Enrolled- 219 -LRB100 04130 SMS 14135 b
1 Department, shall send a copy of the Certificate and annual
2 fee to the Department and shall be deemed, within 30
3 business days of its receipt by the Department, to be a
4 State-designated Primary Stroke Center.
5 (3) A center designated as a Primary Stroke Center
6 shall pay an annual fee as determined by the Department
7 that shall be no less than $100 and no greater than $500.
8 All fees shall be deposited into the Stroke Data Collection
9 Fund.
10 (3.5) With respect to a hospital that is a designated
11 Primary Stroke Center, the Department shall have the
12 authority and responsibility to do the following:
13 (A) Suspend or revoke a hospital's Primary Stroke
14 Center designation upon receiving notice that the
15 hospital's Primary Stroke Center certification has
16 lapsed or has been revoked by the State recognized
17 certifying body.
18 (B) Suspend a hospital's Primary Stroke Center
19 designation, in extreme circumstances where patients
20 may be at risk for immediate harm or death, until such
21 time as the certifying body investigates and makes a
22 final determination regarding certification.
23 (C) Restore any previously suspended or revoked
24 Department designation upon notice to the Department
25 that the certifying body has confirmed or restored the
26 Primary Stroke Center certification of that previously

HB0313 Enrolled- 220 -LRB100 04130 SMS 14135 b
1 designated hospital.
2 (D) Suspend a hospital's Primary Stroke Center
3 designation at the request of a hospital seeking to
4 suspend its own Department designation.
5 (4) Primary Stroke Center designation shall remain
6 valid at all times while the hospital maintains its
7 certification as a Primary Stroke Center, in good standing,
8 with the certifying body. The duration of a Primary Stroke
9 Center designation shall coincide with the duration of its
10 Primary Stroke Center certification. Each designated
11 Primary Stroke Center shall have its designation
12 automatically renewed upon the Department's receipt of a
13 copy of the accrediting body's certification renewal.
14 (5) A hospital that no longer meets
15 nationally-recognized, evidence-based standards for
16 Primary Stroke Centers, or loses its Primary Stroke Center
17 certification, shall notify the Department and the
18 Regional EMS Advisory Committee within 5 business days.
19 (a-5) The Department shall attempt to designate
20Comprehensive Stroke Centers in all areas of the State.
21 (1) The Department shall designate as many certified
22 Comprehensive Stroke Centers as apply for that
23 designation, provided that the Comprehensive Stroke
24 Centers are certified by a nationally-recognized
25 certifying body approved by the Department, and provided
26 that the certifying body's certification criteria are

HB0313 Enrolled- 221 -LRB100 04130 SMS 14135 b
1 consistent with the most current nationally-recognized and
2 evidence-based stroke guidelines for reducing the
3 occurrence of stroke and the disabilities and death
4 associated with stroke.
5 (2) A hospital certified as a Comprehensive Stroke
6 Center shall send a copy of the Certificate and annual fee
7 to the Department and shall be deemed, within 30 business
8 days of its receipt by the Department, to be a
9 State-designated Comprehensive Stroke Center.
10 (3) A hospital designated as a Comprehensive Stroke
11 Center shall pay an annual fee as determined by the
12 Department that shall be no less than $100 and no greater
13 than $500. All fees shall be deposited into the Stroke Data
14 Collection Fund.
15 (4) With respect to a hospital that is a designated
16 Comprehensive Stroke Center, the Department shall have the
17 authority and responsibility to do the following:
18 (A) Suspend or revoke the hospital's Comprehensive
19 Stroke Center designation upon receiving notice that
20 the hospital's Comprehensive Stroke Center
21 certification has lapsed or has been revoked by the
22 State recognized certifying body.
23 (B) Suspend the hospital's Comprehensive Stroke
24 Center designation, in extreme circumstances in which
25 patients may be at risk for immediate harm or death,
26 until such time as the certifying body investigates and

HB0313 Enrolled- 222 -LRB100 04130 SMS 14135 b
1 makes a final determination regarding certification.
2 (C) Restore any previously suspended or revoked
3 Department designation upon notice to the Department
4 that the certifying body has confirmed or restored the
5 Comprehensive Stroke Center certification of that
6 previously designated hospital.
7 (D) Suspend the hospital's Comprehensive Stroke
8 Center designation at the request of a hospital seeking
9 to suspend its own Department designation.
10 (5) Comprehensive Stroke Center designation shall
11 remain valid at all times while the hospital maintains its
12 certification as a Comprehensive Stroke Center, in good
13 standing, with the certifying body. The duration of a
14 Comprehensive Stroke Center designation shall coincide
15 with the duration of its Comprehensive Stroke Center
16 certification. Each designated Comprehensive Stroke Center
17 shall have its designation automatically renewed upon the
18 Department's receipt of a copy of the certifying body's
19 certification renewal.
20 (6) A hospital that no longer meets
21 nationally-recognized, evidence-based standards for
22 Comprehensive Stroke Centers, or loses its Comprehensive
23 Stroke Center certification, shall notify the Department
24 and the Regional EMS Advisory Committee within 5 business
25 days.
26 (b) Beginning on the first day of the month that begins 12

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1months after the adoption of rules authorized by this
2subsection, the Department shall attempt to designate
3hospitals as Acute Stroke-Ready Hospitals in all areas of the
4State. Designation may be approved by the Department after a
5hospital has been certified as an Acute Stroke-Ready Hospital
6or through application and designation by the Department. For
7any hospital that is designated as an Emergent Stroke Ready
8Hospital at the time that the Department begins the designation
9of Acute Stroke-Ready Hospitals, the Emergent Stroke Ready
10designation shall remain intact for the duration of the
1112-month period until that designation expires. Until the
12Department begins the designation of hospitals as Acute
13Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke
14Ready Hospital designation utilizing the processes and
15criteria provided in Public Act 96-514.
16 (1) (Blank).
17 (2) Hospitals may apply for, and receive, Acute
18 Stroke-Ready Hospital designation from the Department,
19 provided that the hospital attests, on a form developed by
20 the Department in consultation with the State Stroke
21 Advisory Subcommittee, that it meets, and will continue to
22 meet, the criteria for Acute Stroke-Ready Hospital
23 designation and pays an annual fee.
24 A hospital designated as an Acute Stroke-Ready
25 Hospital shall pay an annual fee as determined by the
26 Department that shall be no less than $100 and no greater

HB0313 Enrolled- 224 -LRB100 04130 SMS 14135 b
1 than $500. All fees shall be deposited into the Stroke Data
2 Collection Fund.
3 (2.5) A hospital may apply for, and receive, Acute
4 Stroke-Ready Hospital designation from the Department,
5 provided that the hospital provides proof of current Acute
6 Stroke-Ready Hospital certification and the hospital pays
7 an annual fee.
8 (A) Acute Stroke-Ready Hospital designation shall
9 remain valid at all times while the hospital maintains
10 its certification as an Acute Stroke-Ready Hospital,
11 in good standing, with the certifying body.
12 (B) The duration of an Acute Stroke-Ready Hospital
13 designation shall coincide with the duration of its
14 Acute Stroke-Ready Hospital certification.
15 (C) Each designated Acute Stroke-Ready Hospital
16 shall have its designation automatically renewed upon
17 the Department's receipt of a copy of the certifying
18 body's certification renewal and Application for
19 Stroke Center Designation form.
20 (D) A hospital must submit a copy of its
21 certification renewal from the certifying body as soon
22 as practical but no later than 30 business days after
23 that certification is received by the hospital. Upon
24 the Department's receipt of the renewal certification,
25 the Department shall renew the hospital's Acute
26 Stroke-Ready Hospital designation.

HB0313 Enrolled- 225 -LRB100 04130 SMS 14135 b
1 (E) A hospital designated as an Acute Stroke-Ready
2 Hospital shall pay an annual fee as determined by the
3 Department that shall be no less than $100 and no
4 greater than $500. All fees shall be deposited into the
5 Stroke Data Collection Fund.
6 (3) Hospitals seeking Acute Stroke-Ready Hospital
7 designation that do not have certification shall develop
8 policies and procedures that are consistent with
9 nationally-recognized, evidence-based protocols for the
10 provision of emergent stroke care. Hospital policies
11 relating to emergent stroke care and stroke patient
12 outcomes shall be reviewed at least annually, or more often
13 as needed, by a hospital committee that oversees quality
14 improvement. Adjustments shall be made as necessary to
15 advance the quality of stroke care delivered. Criteria for
16 Acute Stroke-Ready Hospital designation of hospitals shall
17 be limited to the ability of a hospital to:
18 (A) create written acute care protocols related to
19 emergent stroke care;
20 (A-5) participate in the data collection system
21 provided in Section 3.118, if available;
22 (B) maintain a written transfer agreement with one
23 or more hospitals that have neurosurgical expertise;
24 (C) designate a Clinical Director of Stroke Care
25 who shall be a clinical member of the hospital staff
26 with training or experience, as defined by the

HB0313 Enrolled- 226 -LRB100 04130 SMS 14135 b
1 facility, in the care of patients with cerebrovascular
2 disease. This training or experience may include, but
3 is not limited to, completion of a fellowship or other
4 specialized training in the area of cerebrovascular
5 disease, attendance at national courses, or prior
6 experience in neuroscience intensive care units. The
7 Clinical Director of Stroke Care may be a neurologist,
8 neurosurgeon, emergency medicine physician, internist,
9 radiologist, advanced practice registered nurse, or
10 physician's assistant;
11 (C-5) provide rapid access to an acute stroke team,
12 as defined by the facility, that considers and reflects
13 nationally-recognized, evidenced-based protocols or
14 guidelines;
15 (D) administer thrombolytic therapy, or
16 subsequently developed medical therapies that meet
17 nationally-recognized, evidence-based stroke
18 guidelines;
19 (E) conduct brain image tests at all times;
20 (F) conduct blood coagulation studies at all
21 times;
22 (G) maintain a log of stroke patients, which shall
23 be available for review upon request by the Department
24 or any hospital that has a written transfer agreement
25 with the Acute Stroke-Ready Hospital;
26 (H) admit stroke patients to a unit that can

HB0313 Enrolled- 227 -LRB100 04130 SMS 14135 b
1 provide appropriate care that considers and reflects
2 nationally-recognized, evidence-based protocols or
3 guidelines or transfer stroke patients to an Acute
4 Stroke-Ready Hospital, Primary Stroke Center, or
5 Comprehensive Stroke Center, or another facility that
6 can provide the appropriate care that considers and
7 reflects nationally-recognized, evidence-based
8 protocols or guidelines; and
9 (I) demonstrate compliance with
10 nationally-recognized quality indicators.
11 (4) With respect to Acute Stroke-Ready Hospital
12 designation, the Department shall have the authority and
13 responsibility to do the following:
14 (A) Require hospitals applying for Acute
15 Stroke-Ready Hospital designation to attest, on a form
16 developed by the Department in consultation with the
17 State Stroke Advisory Subcommittee, that the hospital
18 meets, and will continue to meet, the criteria for an
19 Acute Stroke-Ready Hospital.
20 (A-5) Require hospitals applying for Acute
21 Stroke-Ready Hospital designation via national Acute
22 Stroke-Ready Hospital certification to provide proof
23 of current Acute Stroke-Ready Hospital certification,
24 in good standing.
25 The Department shall require a hospital that is
26 already certified as an Acute Stroke-Ready Hospital to

HB0313 Enrolled- 228 -LRB100 04130 SMS 14135 b
1 send a copy of the Certificate to the Department.
2 Within 30 business days of the Department's
3 receipt of a hospital's Acute Stroke-Ready Certificate
4 and Application for Stroke Center Designation form
5 that indicates that the hospital is a certified Acute
6 Stroke-Ready Hospital, in good standing, the hospital
7 shall be deemed a State-designated Acute Stroke-Ready
8 Hospital. The Department shall send a designation
9 notice to each hospital that it designates as an Acute
10 Stroke-Ready Hospital and shall add the names of
11 designated Acute Stroke-Ready Hospitals to the website
12 listing immediately upon designation. The Department
13 shall immediately remove the name of a hospital from
14 the website listing when a hospital loses its
15 designation after notice and, if requested by the
16 hospital, a hearing.
17 The Department shall develop an Application for
18 Stroke Center Designation form that contains a
19 statement that "The above named facility meets the
20 requirements for Acute Stroke-Ready Hospital
21 Designation as provided in Section 3.117 of the
22 Emergency Medical Services (EMS) Systems Act" and
23 shall instruct the applicant facility to provide: the
24 hospital name and address; the hospital CEO or
25 Administrator's typed name and signature; the hospital
26 Clinical Director of Stroke Care's typed name and

HB0313 Enrolled- 229 -LRB100 04130 SMS 14135 b
1 signature; and a contact person's typed name, email
2 address, and phone number.
3 The Application for Stroke Center Designation form
4 shall contain a statement that instructs the hospital
5 to "Provide proof of current Acute Stroke-Ready
6 Hospital certification from a nationally-recognized
7 certifying body approved by the Department".
8 (B) Designate a hospital as an Acute Stroke-Ready
9 Hospital no more than 30 business days after receipt of
10 an attestation that meets the requirements for
11 attestation, unless the Department, within 30 days of
12 receipt of the attestation, chooses to conduct an
13 onsite survey prior to designation. If the Department
14 chooses to conduct an onsite survey prior to
15 designation, then the onsite survey shall be conducted
16 within 90 days of receipt of the attestation.
17 (C) Require annual written attestation, on a form
18 developed by the Department in consultation with the
19 State Stroke Advisory Subcommittee, by Acute
20 Stroke-Ready Hospitals to indicate compliance with
21 Acute Stroke-Ready Hospital criteria, as described in
22 this Section, and automatically renew Acute
23 Stroke-Ready Hospital designation of the hospital.
24 (D) Issue an Emergency Suspension of Acute
25 Stroke-Ready Hospital designation when the Director,
26 or his or her designee, has determined that the

HB0313 Enrolled- 230 -LRB100 04130 SMS 14135 b
1 hospital no longer meets the Acute Stroke-Ready
2 Hospital criteria and an immediate and serious danger
3 to the public health, safety, and welfare exists. If
4 the Acute Stroke-Ready Hospital fails to eliminate the
5 violation immediately or within a fixed period of time,
6 not exceeding 10 days, as determined by the Director,
7 the Director may immediately revoke the Acute
8 Stroke-Ready Hospital designation. The Acute
9 Stroke-Ready Hospital may appeal the revocation within
10 15 business days after receiving the Director's
11 revocation order, by requesting an administrative
12 hearing.
13 (E) After notice and an opportunity for an
14 administrative hearing, suspend, revoke, or refuse to
15 renew an Acute Stroke-Ready Hospital designation, when
16 the Department finds the hospital is not in substantial
17 compliance with current Acute Stroke-Ready Hospital
18 criteria.
19 (c) The Department shall consult with the State Stroke
20Advisory Subcommittee for developing the designation,
21re-designation, and de-designation processes for Comprehensive
22Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready
23Hospitals.
24 (d) The Department shall consult with the State Stroke
25Advisory Subcommittee as subject matter experts at least
26annually regarding stroke standards of care.

HB0313 Enrolled- 231 -LRB100 04130 SMS 14135 b
1(Source: P.A. 98-756, eff. 7-16-14; 98-1001, eff. 1-1-15.)
2 Section 125. The Home Health, Home Services, and Home
3Nursing Agency Licensing Act is amended by changing Sections
42.05 and 2.11 as follows:
5 (210 ILCS 55/2.05) (from Ch. 111 1/2, par. 2802.05)
6 Sec. 2.05. "Home health services" means services provided
7to a person at his residence according to a plan of treatment
8for illness or infirmity prescribed by a physician licensed to
9practice medicine in all its branches, a licensed physician
10assistant, or a licensed advanced practice registered nurse.
11Such services include part time and intermittent nursing
12services and other therapeutic services such as physical
13therapy, occupational therapy, speech therapy, medical social
14services, or services provided by a home health aide.
15(Source: P.A. 98-261, eff. 8-9-13; 99-173, eff. 7-29-15.)
16 (210 ILCS 55/2.11)
17 Sec. 2.11. "Home nursing agency" means an agency that
18provides services directly, or acts as a placement agency, in
19order to deliver skilled nursing and home health aide services
20to persons in their personal residences. A home nursing agency
21provides services that would require a licensed nurse to
22perform. Home health aide services are provided under the
23direction of a registered professional nurse or advanced

HB0313 Enrolled- 232 -LRB100 04130 SMS 14135 b
1practice registered Advanced Practice nurse. A home nursing
2agency does not require licensure as a home health agency under
3this Act. "Home nursing agency" does not include an
4individually licensed nurse acting as a private contractor or a
5person that provides or procures temporary employment in health
6care facilities, as defined in the Nurse Agency Licensing Act.
7(Source: P.A. 94-379, eff. 1-1-06; 95-951, eff. 8-29-08.)
8 Section 130. The End Stage Renal Disease Facility Act is
9amended by changing Section 25 as follows:
10 (210 ILCS 62/25)
11 Sec. 25. Minimum staffing. An end stage renal disease
12facility shall be under the medical direction of a physician
13experienced in renal disease treatment, as required for
14licensure under this Act. Additionally, at a minimum, every
15facility licensed under this Act shall ensure that whenever
16patients are undergoing dialysis all of the following are met:
17 (1) one currently licensed physician, registered
18 nurse, physician assistant, advanced practice registered
19 nurse, or licensed practical nurse experienced in
20 rendering end stage renal disease care is physically
21 present on the premises to oversee patient care; and
22 (2) adequate staff is present to meet the medical and
23 non-medical needs of each patient, as provided by this Act
24 and the rules adopted pursuant to this Act.

HB0313 Enrolled- 233 -LRB100 04130 SMS 14135 b
1(Source: P.A. 92-794, eff. 7-1-03.)
2 Section 135. The Hospital Licensing Act is amended by
3changing Sections 6.14g, 6.23a, 6.25, 10, 10.7, 10.8, and 10.9
4as follows:
5 (210 ILCS 85/6.14g)
6 Sec. 6.14g. Reports to the Department; opioid overdoses.
7 (a) As used in this Section:
8 "Overdose" has the same meaning as provided in Section 414
9of the Illinois Controlled Substances Act.
10 "Health care professional" includes a physician licensed
11to practice medicine in all its branches, a physician
12assist