Bill Text: IL SB1943 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Medical Patient Rights Act. Provides that a hospital must include in its written statement of patients' rights the right not to be discriminated against by the hospital due to the patient's race, color, or national origin where such characteristics are not relevant to the patient's medical diagnosis and treatment, and that the statement should put the patient on notice on how to initiate a grievance with the hospital or with the Illinois Department of Public Health regarding improper discrimination. Sets forth discrimination grievance procedures and provides language all hospitals must post for the benefit of patients regarding the hospital's emergency room anti-discrimination policy. Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2011-08-26 - Public Act . . . . . . . . . 97-0612 [SB1943 Detail]

Download: Illinois-2011-SB1943-Chaptered.html

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Public Act 097-0612
SB1943 Enrolled LRB097 07224 RPM 47331 b
AN ACT concerning public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Lead Poisoning Prevention Act is amended by
changing Section 6 as follows:
(410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
Sec. 6. Warning statement.
(a) Definitions. As used in this Section:
"Body piercing jewelry" means any part of jewelry that is
manufactured or sold for placement in a new piercing or a
mucous membrane, but does not include any part of that jewelry
that is not placed within a new piercing or a mucous membrane.
"Children's jewelry" means jewelry that is made for,
marketed for use by, or marketed to children under the age of
12 and includes jewelry that meets any of the following
conditions:
(1) represented in its packaging, display, or
advertising as appropriate for use by children under the
age of 12;
(2) sold in conjunction with, attached to, or packaged
together with other products that are packaged, displayed,
or advertised as appropriate for use by children under 12;
(3) sized for children and not intended for use by

adults; or
(4) sold in any of the following places: a vending
machine; a retail store, catalogue, or online Web site in
which a person exclusively offers for sale products that
are packaged, displayed, or advertised as appropriate for
use by children; or a discrete portion of a retail store,
catalogue, or online Web site in which a person offers for
sale products that are packaged, displayed or advertised as
appropriate for use by children.
"Child care article" means an item that is designed or
intended by the manufacturer to facilitate the sleep,
relaxation, or feeding of children under the age of 6 or to
help with children under the age of 6 who are sucking or
teething. An item meets this definition if it is (i) designed
or intended to be used directly in the mouth by the child or
(ii) is used to facilitate sleep, relaxation, or feeding of
children under the age of 6 or help with children under the age
of 6 who are sucking or teething and, because of its proximity
to the child, is likely to be mouthed, chewed, sucked, or
licked.
"Jewelry" means any of the following ornaments worn by a
person:
(A) Ankle bracelet.
(B) Arm cuff.
(C) Bracelet.
(D) Brooch.

(E) Chain.
(F) Crown.
(G) Cuff link.
(H) Hair accessory.
(I) Earring.
(J) Necklace.
(K) Decorative pin.
(L) Ring.
(M) Body piercing jewelry.
(N) Jewelry placed in the mouth for display or
ornament.
(O) Any charm, bead, chain, link, pendant, or other
component of the items listed in this definition.
(P) A charm, bead, chain, link, pendant, or other
attachment to shoes or clothing that can be removed and may
be used as a component of an item listed in this
definition.
(Q) A watch in which a timepiece is a component of an
item listed in this definition, excluding the timepiece
itself if the timepiece can be removed from the ornament.
"Toy containing paint" means a painted toy with an
accessible component containing any external coating,
including, but not limited to, paint, ink, lacquer, or screen
printing, designed for or intended for use by children under
the age of 12 at play. For the purposes of this Section, "toy"
is any object designed, manufactured, or marketed as a

plaything for children under the age of 12 and is excluded from
the definitions of "child care article" and "jewelry". In
determining whether a toy containing paint is designed for or
intended for use by children under the age of 12, the following
factors shall be considered:
(i) a statement by a manufacturer about the intended
use of the product, including a label on the product, if
such statement is reasonable;
(ii) whether the product is represented in its
packaging, display, promotion, or advertising as
appropriate for children under the age of 12; and
(iii) whether the product is commonly recognized by
consumers as being intended for use by a child under the
age of 12.
(b) Children's products. Effective January 1, 2010, no
person, firm, or corporation shall sell, have, offer for sale,
or transfer the items listed in this Section that contain a
total lead content in any component part of the item that is
more than 0.004% (40 parts per million) but less than 0.06%
(600 parts per million) by total weight or a lower standard for
lead content as may be established by federal or State law or
regulation unless that item bears a warning statement that
indicates that at least one component part of the item contains
lead.
The warning statement for items covered under this
subsection (b) shall contain at least the following: "WARNING:

CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. COMPLIES WITH
FEDERAL STANDARDS.". "WARNING: CONTAINS LEAD. MAY BE HARMFUL IF
EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD."
An entity is in compliance with this subsection (b) if the
warning statement is provided on the children's product or on
the label on the immediate container of the children's product.
This subsection (b) does not apply to any product for which
federal law governs warning in a manner that preempts State
authority.
The warning statement required under this subsection (b) is
not required if the component parts of the item containing lead
are inaccessible to a child through normal and reasonably
foreseeable use and abuse as defined by the United States
Consumer Product Safety Commission.
The warning statement required under this subsection (b) is
not required if the component parts in question are exempt from
third-party testing as determined by the United States Consumer
Product Safety Commission.
(c) Other lead bearing substance. No person, firm, or
corporation shall have, offer for sale, sell, or give away any
lead bearing substance that may be used by the general public,
except as otherwise provided in subsection (b) of this Section,
unless it bears the warning statement as prescribed by federal
regulation. (i) If no regulation is prescribed the warning
statement shall be as follows when the lead bearing substance
is a lead-based paint or surface coating: "WARNING--CONTAINS

LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on
(Side or Back) Panel. Do not apply on toys, or other children's
articles, furniture, or interior, or exterior exposed surfaces
of any residential building or facility that may be occupied or
used by children. KEEP OUT OF THE REACH OF CHILDREN.". (ii) If
no regulation is prescribed the warning statement shall be as
follows when the lead bearing substance contains lead-based
paint or a form of lead other than lead-based paint: "WARNING
CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE
DUST CONTAINING LEAD. KEEP OUT OF THE REACH OF CHILDREN.".
For the purposes of this subsection (c), the generic term
of a product, such as "paint" may be substituted for the word
"substance" in the above labeling.
(d) The warning statements on items covered in subsections
(a), (b), and (c) of this Section shall be in accordance with,
or substantially similar to, the following:
(1) the statement shall be located in a prominent place
on the item or package such that consumers are likely to
see the statement when it is examined under retail
conditions;
(2) the statement shall be conspicuous and not obscured
by other written matter;
(3) the statement shall be legible; and
(4) the statement shall contrast with the typography,
layout and color of the other printed matter.
Compliance with 16 C.F.R. 1500.121 adopted under the

Federal Hazardous Substances Act constitutes compliance with
this subsection (d).
(e) The manufacturer or importer of record shall be
responsible for compliance with this Section.
(f) Subsection (c) of this Section does not apply to any
component part of a consumer electronic product, including, but
not limited to, personal computers, audio and video equipment,
calculators, wireless phones, game consoles, and handheld
devices incorporating a video screen used to access interactive
software and their associated peripherals, that is not
accessible to a child through normal and reasonably foreseeable
use of the product. A component part is not accessible under
this subsection (f) if the component part is not physically
exposed by reason of a sealed covering or casing and does not
become physically exposed through reasonably foreseeable use
and abuse of the product. Paint, coatings, and electroplating,
singularly or in any combination, are not sufficient to
constitute a sealed covering or casing for purposes of this
Section. Coatings and electroplating are sufficient to
constitute a sealed covering for connectors, power cords, USB
cables, or other similar devices or components used in consumer
electronics products.
(Source: P.A. 94-879, eff. 6-20-06; 95-1019, eff. 6-1-09.)