Bill Text: IL HB3340 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Creates the Trauma Scene Waste Management Registration Act. Provides for the registration of trauma scene waste management practitioners. Provides that no person shall perform, offer to perform, or engage in the cleanup of a trauma scene or the removal or remediation of regulated biomedical waste from any trauma scene unless such person is registered in accordance with the Act or is an employee or independent contractor of a person registered in accordance with the Act. Sets forth provisions concerning registration; registration and renewal fees; list of registrations; requirements for registration; insurance requirements; unregistered activities; civil penalties; estimate of services; emergency exceptions; exceptions; and rules. Amends the Regulatory Sunset Act to set a repeal date for the new Act on January 1, 2032.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3340 Detail]

Download: Illinois-2021-HB3340-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3340

Introduced , by Rep. Brad Halbrook

SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 80/4.41 new

Creates the Trauma Scene Waste Management Registration Act. Provides for the registration of trauma scene waste management practitioners. Provides that no person shall perform, offer to perform, or engage in the cleanup of a trauma scene or the removal or remediation of regulated biomedical waste from any trauma scene unless such person is registered in accordance with the Act or is an employee or independent contractor of a person registered in accordance with the Act. Sets forth provisions concerning registration; registration and renewal fees; list of registrations; requirements for registration; insurance requirements; unregistered activities; civil penalties; estimate of services; emergency exceptions; exceptions; and rules. Amends the Regulatory Sunset Act to set a repeal date for the new Act on January 1, 2032.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 1. Short title. This Act may be cited as the Trauma
5Scene Waste Management Registration Act.
6 Section 5. Definitions. As used in this Act:
7 "Department" means the Department of Financial and
8Professional Regulation.
9 "Pathogen" means a microorganism, including bacteria,
10viruses, rickettsia, and parasites, or other agent, such as a
11proteinaceous infectious particle or prion, that can cause
12disease in humans.
13 "Potentially infectious material" means material known or
14reasonably expected to contain a pathogen.
15 "Regulated biomedical waste" means the following:
16 (1) biological waste, which includes blood and blood
17 products, exudates, secretions, products of suctioning,
18 and other body fluids that contain free liquids and cannot
19 be or are not directly discarded into a municipal sewer
20 system;
21 (2) pathological waste, which includes all
22 recognizable human tissues and body parts except teeth;
23 and

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1 (3) sharps, which include any discarded article that
2 may cause punctures or cuts, including, but not limited
3 to, needles, IV tubing and syringes with needles attached,
4 and scalpel blades.
5 "Secretary" means the Secretary of Financial and
6Professional Regulation.
7 "Trauma scene" means a location soiled by or contaminated
8with potentially infectious material or regulated biomedical
9waste due to the occurrence of a homicide or suicide, or the
10occurrence of a death of a human being in which there is
11advanced decomposition of the body. "Trauma scene" does not
12include the scene of a motor vehicle accident or locations
13that are subject to the laws and regulations of the federal
14Occupational Safety and Health Administration.
15 "Trauma scene waste" means potentially infectious material
16or regulated biomedical waste that has been removed, is to be
17removed, or is in the process of being removed from a trauma
18scene.
19 "Trauma scene waste management practitioner" means the
20owner of any interest in a commercial enterprise for the
21cleanup or removal of trauma scene waste and who is registered
22with the Department pursuant to this Act.
23 Section 10. Registration.
24 (a) A trauma scene waste management practitioner shall be
25registered with the Department on forms provided by and in a

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1manner directed by the Department. Such registration shall be
2in addition to, and not in place of, any other registrations or
3licenses from other State agencies required by law. No county
4or municipal government may require licenses, registrations,
5or permits for trauma scene waste management practitioners in
6this State.
7 (b) The Department, upon its approval of an application,
8shall issue a registration to a trauma scene waste management
9practitioner who meets the qualifications for such
10registration and who submits a completed application form and
11registration fee. Such registration shall be valid for a
12period of 3 years from the date of issuance and may be renewed
13for additional 3-year periods.
14 (c) Trauma scene waste management practitioners shall pay
15an initial registration fee of $100 to the Department and, for
16each subsequent renewal of the registration, shall pay to the
17Department a registration renewal fee of $100.
18 Section 15. List of registrants. The Department shall
19maintain a current list of all registered trauma scene waste
20management practitioners on the Department's website.
21 Section 20. Requirements for registration.
22 (a) Each trauma scene waste management practitioner shall,
23prior to being registered, submit to a fingerprint-based
24criminal background check conducted by the Illinois State

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1Police and Federal Bureau of Investigation. No person who is
2currently serving a sentence of incarceration or probation for
3any felony under the laws of this State, any other state, or
4the federal government shall be issued a trauma scene waste
5management practitioner registration. Each trauma scene waste
6management practitioner shall submit to a fingerprint-based
7criminal background check conducted by the Illinois State
8Police and Federal Bureau of Investigation every 3 years
9following the initial background check.
10 (b) Each trauma scene waste management practitioner shall,
11upon approval of his or her registration by the Department,
12submit to the Department a bond executed with a surety company
13duly authorized to do business in this State and payable to the
14State of Illinois for the use and benefit of any person who is
15harmed by the trauma scene waste management practitioner, his
16or her employee, or an independent contractor of the trauma
17scene waste management practitioner in the performance of
18trauma scene waste management services. The bond shall be in
19the amount of $25,000. The bond shall be approved by the
20Department as to the form and the solvency of the surety. No
21trauma scene waste management practitioner or surety shall
22cancel, or cause to be canceled, a bond issued pursuant to this
23subsection unless the Department is informed in writing by a
24certified letter at least 30 days prior to the proposed
25cancellation. If the trauma scene waste management
26practitioner or surety cancels the bond and the trauma scene

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1waste management practitioner fails to submit, within 10 days
2of the effective date of the cancellation, a new bond, the
3Department shall revoke the trauma scene waste management
4practitioner's registration.
5 (c) Each trauma scene waste management practitioner shall
6provide the Department with proof of liability insurance
7coverage for the trauma scene waste management practitioner,
8his or her employees, and each independent contractor of the
9trauma scene waste management practitioner who performs trauma
10scene waste management services in the amount of at least
11$1,000,000 for each occurrence. No trauma scene waste
12management practitioner or insurance carrier shall cancel, or
13cause to be canceled, a liability insurance policy issued
14pursuant to this subsection unless the Department is informed
15in writing by a certified letter at least 30 days prior to the
16proposed cancellation. If the trauma scene waste management
17practitioner or insurance carrier cancels the liability
18insurance policy and the trauma scene waste management
19practitioner fails to submit, within 10 days of the effective
20date of the cancellation, a new liability insurance policy
21that meets the requirements of this subsection, the Department
22shall revoke the trauma scene waste management practitioner's
23registration.
24 (d) Each trauma scene waste management practitioner shall
25provide the Department with proof that the trauma scene waste
26management practitioner has a valid potentially infectious

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1medical waste hauling permit from the Illinois Environmental
2Protection Agency for the provision of trauma scene waste
3management services or shall submit an affidavit that the
4trauma scene waste management practitioner contracts with an
5entity that has a valid potentially infectious medical waste
6hauling permit. Additionally, each trauma scene waste
7management practitioner shall provide the Department with
8proof of all current certifications in the removal and
9disposal of regulated biomedical waste held by the trauma
10scene waste management practitioner or any contractor used by
11the trauma scene waste management practitioner for the
12provision of trauma scene waste management services.
13 (e) Each trauma scene waste management practitioner shall
14be responsible and liable for the acts of his or her employees
15and any independent contractor of the trauma scene waste
16management practitioner in the performance of trauma scene
17waste management services.
18 Section 25. Unregistered activities.
19 (a) As used in this Section, "person" means: an
20individual; any corporate entity or form authorized by law,
21including any of its subsidiaries or affiliates; or any
22officer, director, board member, or employee of any corporate
23entity or form authorized by law.
24 (b) No person shall perform, offer to perform, or engage
25in the cleanup of a trauma scene or the removal or remediation

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1of regulated biomedical waste from any trauma scene unless
2such person is registered in accordance with this Act or is an
3employee or independent contractor of a person registered in
4accordance with this Act.
5 (c) A person who is not properly registered as a trauma
6scene waste management practitioner may not seek to recover
7from the owner of any property or from any other person,
8including, but not limited to, an insurance company, the cost
9of the cleanup, removal, or remediation of trauma scene waste
10at, in, or on such property.
11 (d) Any person who violates this Section shall be subject
12to a civil penalty not to exceed $5,000 and punitive action by
13the Department, up to and including revocation of
14registration.
15 Section 30. Estimate of services. Each trauma scene waste
16management practitioner registered under this Act, prior to
17beginning the cleanup, removal, or remediation of trauma scene
18waste, shall provide the individual who requested such
19services with a good faith estimate of the expected costs of
20such services.
21 Section 35. Emergency exception. In the event of a
22declared public health emergency or a state of emergency, the
23Department may issue temporary registrations to persons to be
24trauma scene waste management practitioners under such

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1limiting conditions as the Department deems appropriate under
2the circumstances. The temporary registrations shall terminate
3at such time as may be specified by the Department, but not
4later than 90 days from their issuance.
5 Section 40. Exceptions.
6 (a) As used in this Section, "person" means an individual;
7any corporate entity or form authorized by law, including any
8of its subsidiaries or affiliates; or any officer, director,
9board member, or employee of any corporate entity or form
10authorized by law.
11 (b) Nothing in this Act shall apply to a medical practice
12or medical facility or a subsidiary thereof that is subject to
13the laws and regulations of the federal Occupational Safety
14and Health Administration.
15 (c) Nothing in this Act shall apply to the cleanup of
16property by the owner of the property.
17 (d) Nothing in this Act shall apply to the gratuitous
18cleanup, removal, or remediation of trauma scene waste
19performed for the owner of any property by individuals who are
20not doing so as part of a commercial enterprise for the cleanup
21or removal of trauma scene waste, including, but not limited
22to, individuals who are family, friends, or neighbors of such
23owner. Nothing in this subsection shall prevent such owner
24from offering such individuals a gratuity at his or her
25election.

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1 Section 45. Rules. The Department may adopt rules required
2to implement and administer this Act.
3 Section 90. The Regulatory Sunset Act is amended by adding
4Section 4.41 as follows:
5 (5 ILCS 80/4.41 new)
6 Sec. 4.41. Act repealed on January 1, 2032. The following
7Act is repealed on January 1, 2032:
8 The Trauma Scene Waste Management Registration Act.
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