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(Section scheduled to be repealed on January 1, 2014)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(Section scheduled to be repealed on January 1, 2014)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