Bill Text: IL SB1943 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
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1 | AMENDMENT TO SENATE BILL 1943
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2 | AMENDMENT NO. ______. Amend Senate Bill 1943 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Lead Poisoning Prevention Act is amended by | ||||||
5 | changing Section 6 as follows:
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6 | (410 ILCS 45/6) (from Ch. 111 1/2, par. 1306)
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7 | Sec. 6. Warning statement. | ||||||
8 | (a) Definitions. As used in this Section: | ||||||
9 | "Body piercing jewelry" means any part of jewelry that is
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10 | manufactured or sold for placement in a new piercing or a | ||||||
11 | mucous
membrane, but does not include any part of that jewelry | ||||||
12 | that is not
placed within a new piercing or a mucous membrane. | ||||||
13 | "Children's jewelry" means jewelry that is made for, | ||||||
14 | marketed for use by, or marketed to children under the age of | ||||||
15 | 12 and includes jewelry that meets any of the following | ||||||
16 | conditions: |
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1 | (1) represented in its packaging, display, or | ||||||
2 | advertising as appropriate for use by children under the | ||||||
3 | age of 12; | ||||||
4 | (2) sold in conjunction with, attached to, or packaged | ||||||
5 | together with other products that are packaged, displayed, | ||||||
6 | or advertised as appropriate for use by children under 12; | ||||||
7 | (3) sized for children and not intended for use by | ||||||
8 | adults; or | ||||||
9 | (4) sold in any of the following places: a vending | ||||||
10 | machine; a retail store, catalogue, or online Web site in | ||||||
11 | which a person exclusively offers for sale products that | ||||||
12 | are packaged, displayed, or advertised as appropriate for | ||||||
13 | use by children; or a discrete portion of a retail store, | ||||||
14 | catalogue, or online Web site in which a person offers for | ||||||
15 | sale products that are packaged, displayed or advertised as | ||||||
16 | appropriate for use by children. | ||||||
17 | "Child care article" means an item that is designed or | ||||||
18 | intended by the manufacturer to facilitate the sleep, | ||||||
19 | relaxation, or feeding of children under the age of 6 or to | ||||||
20 | help with children under the age of 6 who are sucking or | ||||||
21 | teething. An item meets this definition if it is (i) designed | ||||||
22 | or intended to be used directly in the mouth by the child or | ||||||
23 | (ii) is used to directly facilitate sleep, relaxation, or | ||||||
24 | feeding of children under the age of 6 or directly help with | ||||||
25 | children under the age of 6 who are sucking or teething and, | ||||||
26 | because of its proximity to the child, is likely to be mouthed, |
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1 | chewed, sucked, or licked. | ||||||
2 | "Jewelry" means any of the following ornaments worn by a | ||||||
3 | person: | ||||||
4 | (A) Ankle bracelet. | ||||||
5 | (B) Arm cuff. | ||||||
6 | (C) Bracelet. | ||||||
7 | (D) Brooch. | ||||||
8 | (E) Chain. | ||||||
9 | (F) Crown. | ||||||
10 | (G) Cuff link. | ||||||
11 | (H) Hair accessory. | ||||||
12 | (I) Earring. | ||||||
13 | (J) Necklace. | ||||||
14 | (K) Decorative pin. | ||||||
15 | (L) Ring. | ||||||
16 | (M) Body piercing jewelry. | ||||||
17 | (N) Jewelry placed in the mouth for display or | ||||||
18 | ornament. | ||||||
19 | (O) Any charm, bead, chain, link, pendant, or other | ||||||
20 | component of the items listed in this definition. | ||||||
21 | (P) A charm, bead, chain, link, pendant, or other | ||||||
22 | attachment to
shoes or clothing that can be removed and may | ||||||
23 | be used as a component
of an item listed in this | ||||||
24 | definition. | ||||||
25 | (Q) A watch in which a timepiece is a component of an | ||||||
26 | item
listed in this definition, excluding the timepiece |
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1 | itself if the
timepiece can be removed from the ornament. | ||||||
2 | "Toy containing paint" means a painted toy with an | ||||||
3 | accessible component containing any external coating, | ||||||
4 | including, but not limited to, paint, ink, lacquer, or screen | ||||||
5 | printing, designed for or intended for use by children under | ||||||
6 | the age of 12 at play. In determining whether a toy containing | ||||||
7 | paint is designed for or intended for use by children under the | ||||||
8 | age of 12, the following factors shall be considered: | ||||||
9 | (i) a statement by a manufacturer about the intended | ||||||
10 | use of the product, including a label on the product, if | ||||||
11 | such statement is reasonable; | ||||||
12 | (ii) whether the product is represented in its | ||||||
13 | packaging, display, promotion, or advertising as | ||||||
14 | appropriate for children under the age of 12; and | ||||||
15 | (iii) whether the product is commonly recognized by | ||||||
16 | consumers as being intended for use by a child under the | ||||||
17 | age of 12. | ||||||
18 | (b) Children's products. Effective January 1, 2010, no | ||||||
19 | person, firm, or corporation shall sell, have, offer for sale, | ||||||
20 | or transfer the items listed in this Section that contain a | ||||||
21 | total lead content in any component part of the item that is | ||||||
22 | more than 0.004% (40 parts per million) but less than 0.06% | ||||||
23 | (600 parts per million) by total weight or a lower standard for | ||||||
24 | lead content as may be established by federal or State law or | ||||||
25 | regulation unless that item bears a warning statement that | ||||||
26 | indicates that at least one component part of the item contains |
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1 | lead. | ||||||
2 | The warning statement for items covered under this | ||||||
3 | subsection (b) shall contain at least the following: "WARNING: | ||||||
4 | MAY CONTAIN LEAD. MAY BE HARMFUL IF EATEN OR CHEWED.". | ||||||
5 | "WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY | ||||||
6 | GENERATE DUST CONTAINING LEAD." | ||||||
7 | An entity is in compliance with this subsection (b) if the | ||||||
8 | warning statement is provided on the children's product or on | ||||||
9 | the label on the immediate container of the children's product.
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10 | This subsection (b) does not apply to any product for which | ||||||
11 | federal law governs warning in a manner that preempts State | ||||||
12 | authority. | ||||||
13 | The warning statement required under this subsection (b) is | ||||||
14 | not required if any component part of the item containing lead | ||||||
15 | is not accessible to a child through normal and reasonably | ||||||
16 | foreseeable use and abuse as defined by the United States | ||||||
17 | Consumer Product Safety Commission. | ||||||
18 | The warning statement required under this subsection (b) is | ||||||
19 | not required if the component part in question is exempt from | ||||||
20 | third-party testing as determined by the United States Consumer | ||||||
21 | Product Safety Commission. | ||||||
22 | (c) Other lead bearing substance. No person, firm, or | ||||||
23 | corporation shall have,
offer for sale, sell, or give away any | ||||||
24 | lead bearing substance that may be
used by the general public, | ||||||
25 | except as otherwise provided in subsection (b) of this Section, | ||||||
26 | unless it bears the warning statement as
prescribed by federal |
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1 | regulation. (i) If no regulation is prescribed the
warning | ||||||
2 | statement shall be as follows when the lead bearing substance | ||||||
3 | is a lead-based paint or surface coating: "WARNING--CONTAINS | ||||||
4 | LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. See Other Cautions on
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5 | (Side or Back) Panel. Do not apply on toys, or other children's | ||||||
6 | articles,
furniture, or interior, or exterior exposed surfaces | ||||||
7 | of any residential
building or facility that may be occupied or | ||||||
8 | used by children. KEEP OUT OF
THE REACH OF CHILDREN.". (ii) If | ||||||
9 | no regulation is prescribed the warning statement shall be as | ||||||
10 | follows when the lead bearing substance contains lead-based | ||||||
11 | paint or a form of lead other than lead-based paint: "WARNING: | ||||||
12 | MAY CONTAIN LEAD. MAY BE HARMFUL IF EATEN OR CHEWED." "WARNING | ||||||
13 | CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE | ||||||
14 | DUST CONTAINING LEAD. KEEP OUT OF THE REACH OF CHILDREN." .
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15 | For the purposes of this subsection (c), the generic term | ||||||
16 | of a product, such as "paint" may be substituted
for the word | ||||||
17 | "substance" in the above labeling.
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18 | (d) The warning statements on items covered in subsections | ||||||
19 | (a), (b), and (c) of this Section shall be in accordance with, | ||||||
20 | or substantially similar to, the following: | ||||||
21 | (1) the statement shall be located in a prominent place | ||||||
22 | on the item or package such that consumers are likely to | ||||||
23 | see the statement when it is examined under retail | ||||||
24 | conditions; | ||||||
25 | (2) the statement shall be conspicuous and not obscured | ||||||
26 | by other written matter; |
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1 | (3) the statement shall be legible; and | ||||||
2 | (4) the statement shall contrast with the typography, | ||||||
3 | layout and color of the other printed matter. | ||||||
4 | Compliance with 16 C.F.R. 1500.121 adopted under the | ||||||
5 | Federal Hazardous Substances Act constitutes compliance with | ||||||
6 | this subsection (d). | ||||||
7 | (e) The manufacturer or importer of record shall be | ||||||
8 | responsible for compliance with this Section. | ||||||
9 | (f) Subsection (c) of this Section does not apply to any | ||||||
10 | component part of a consumer electronic product, including, but | ||||||
11 | not limited to, personal computers, audio and video equipment, | ||||||
12 | calculators, wireless phones, game consoles, and handheld | ||||||
13 | devices incorporating a video screen used to access interactive | ||||||
14 | software and their associated peripherals, that is not | ||||||
15 | accessible to a child through normal and reasonably foreseeable | ||||||
16 | use of the product. A component part is not accessible under | ||||||
17 | this subsection (f) if the component part is not physically | ||||||
18 | exposed by reason of a sealed covering or casing and does not | ||||||
19 | become physically exposed through reasonably foreseeable use | ||||||
20 | and abuse of the product. Paint, coatings, and electroplating, | ||||||
21 | singularly or in any combination, are not sufficient to | ||||||
22 | constitute a sealed covering or casing for purposes of this | ||||||
23 | Section. Coatings and electroplating are sufficient to | ||||||
24 | constitute a sealed covering for connectors, power cords, USB | ||||||
25 | cables, or other similar devices or components used in consumer | ||||||
26 | electronics products.
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1 | (Source: P.A. 94-879, eff. 6-20-06; 95-1019, eff. 6-1-09 .)".
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