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Public Act 093-0962 |
SB2377 Enrolled |
LRB093 19003 AMC 44738 b |
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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(Section scheduled to be repealed on January 1, 2014)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
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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(Section scheduled to be repealed on January 1, 2014)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, |
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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 |
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any fee, commission, rebate or other
form of compensation |
for professional services not actually or personally
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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 |
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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 |
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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
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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.
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(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 .
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(5) Pharmacy services related to the pregnancy.
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(6) Other medical consultations related to the |
pregnancy.
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(7) Physician , advanced practice nurse, physician |
assistant, or nurse services associated with delivery.
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(8) One postnatal office visit within 60 days after |
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delivery.
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(9) Two EPSDT-equivalent screenings for the infant |
within 90 days after
birth.
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(10) Social and support services.
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(11) Nutrition services.
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(12) Case management services.
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(b) The following services shall not be covered under the |
program:
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(1) Services determined by the Department not to be |
medically necessary.
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(2) Services not directly related to the pregnancy, |
except for the 2
covered EPSDT-equivalent screenings.
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(3) Hospital inpatient services.
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(4) Anesthesiologist and radiologist services during a |
period of
hospital inpatient care.
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(5) Physician , advanced practice nurse, and physician |
assistant hospital visits.
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(6) Services considered investigational or |
experimental.
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(Source: P.A. 89-187, eff. 7-19-95.)
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Section 30. The Illinois Sexually Transmissible Disease |
Control Act is amended by changing Sections 4 and 5.5 as |
follows:
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(410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
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Sec. 4. Reporting required.
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(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 |
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makes a diagnosis of or treats a person with a sexually
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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.
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(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
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fashion.
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(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.
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(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.
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(Source: P.A. 90-14, eff. 7-1-97.)
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(410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
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Sec. 5.5. Risk assessment.
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(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
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subsection (c), to assess the potential risks of transmission. |
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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.
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(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.
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(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.
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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:
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(1) When made with the written consent of all persons |
to whom this
information pertains;
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(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.)
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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)
|
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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.
|