Public Act 096-1357
 
SB0851 EnrolledLRB096 06910 RPM 16996 b



    AN ACT concerning health.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 3. The Mental Health and Developmental 
Disabilities Code is amended  by changing Section 1-122 as 
follows:
 
    (405 ILCS 5/1-122)  (from Ch. 91 1/2, par. 1-122)
    Sec. 1-122. Qualified examiner. "Qualified examiner" means 
a person
who is:
    (a) a Clinical
social worker as defined in this Act,
    (b) a registered nurse with
a master's degree in 
psychiatric nursing who has 3 years of clinical
training and 
experience in the evaluation and treatment
of mental illness 
which has been acquired subsequent to any training
and 
experience which constituted a part of the degree program, or
    (c) a
licensed
clinical professional counselor with a 
master's or doctoral degree in
counseling or psychology or a 
similar master's or doctorate program from a
regionally 
accredited institution who has at least 3 years of supervised

postmaster's clinical professional counseling experience
that 
includes the
provision of mental health services for the 
evaluation, treatment, and
prevention of mental and emotional 
disorders, or .
    (d) a licensed marriage and family therapist with a 
master's or doctoral degree in marriage and family therapy from 
a regionally accredited educational institution or a similar 
master's program or from a program accredited by either the 
Commission on Accreditation for Marriage and Family Therapy or 
the Commission on Accreditation for Counseling Related 
Educational Programs, who has at least 3 years of supervised 
post-master's experience as a marriage and family therapist 
that includes the provision of mental health services for the 
evaluation, treatment, and prevention of mental and emotional 
disorders. 
    A social worker who is a qualified examiner shall be a 
licensed clinical
social worker under the Clinical Social Work 
and Social Work Practice Act.
(Source: P.A. 91-536, eff. 1-1-00.)
 
    Section 5. The Smoke Free Illinois Act is amended  by 
changing Section 35 as follows:
 
    (410 ILCS 82/35)
    Sec. 35. Exemptions. Notwithstanding any other provision 
of this Act, smoking is allowed in the following areas:
        (1) Private residences or dwelling places, except when 
    used as a child care, adult day care, or healthcare 
    facility or any other home-based business open to the 
    public.
        (2) Retail tobacco stores as defined in Section 10  of 
    this Act in operation prior to the effective date of this 
    amendatory Act of the 95th General Assembly.  The retail 
    tobacco store shall annually file with the Department by 
    January 31st an affidavit stating the percentage of its 
    gross income during the prior calendar year that was 
    derived from the sale of loose tobacco, plants, or herbs 
    and cigars, cigarettes, pipes, or other smoking devices for 
    smoking tobacco and related smoking accessories.  Any 
    retail tobacco store that begins operation after the 
    effective date of this amendatory Act may only qualify for 
    an exemption if located in a freestanding structure 
    occupied solely by the business and smoke from the business 
    does not migrate into an enclosed area where smoking is 
    prohibited.
        (3) (Blank). Private and semi-private rooms in nursing 
    homes and long-term care facilities that are occupied by 
    one or more persons, all of whom are smokers and have 
    requested in writing to be placed or to remain in a room 
    where smoking is permitted and the smoke shall not 
    infiltrate other areas of the nursing home.
        (4) Hotel and motel sleeping rooms that are rented to 
    guests and are designated as smoking rooms, provided that 
    all smoking rooms on the same floor must be contiguous and 
    smoke from these rooms must not infiltrate into nonsmoking 
    rooms or other areas where smoking is prohibited.  Not more 
    than 25% of the rooms rented to guests in a hotel or motel 
    may be designated as rooms where smoking is allowed.  The 
    status of rooms as smoking or nonsmoking may not be 
    changed, except to permanently add additional nonsmoking 
    rooms.
        (5) Enclosed laboratories that are excluded from the 
    definition of "place of employment" in Section 10 of this 
    Act. Rulemaking authority to implement this amendatory Act 
    of the 95th General Assembly, if any, is conditioned on the 
    rules being adopted in accordance with all provisions of 
    the Illinois Administrative Procedure Act and all rules and 
    procedures of the Joint Committee on Administrative Rules; 
    any purported rule not so adopted, for whatever reason, is 
    unauthorized.
        (6) Common smoking rooms in long-term care facilities

    operated under the authority of the Illinois Department of

    Veterans' Affairs or licensed under the Nursing Home Care 
    Act that are accessible only to residents who
are smokers 
    and have requested in writing to have access to
the common 
    smoking room where smoking is permitted and the
smoke shall 
    not infiltrate other areas of the long-term care facility. 
    Rulemaking authority to implement this amendatory Act of 
    the 95th General Assembly, if any, is conditioned on the 
    rules being adopted in accordance with all provisions of 
    the Illinois Administrative Procedure Act and all rules and 
    procedures of the Joint Committee on Administrative Rules; 
    any purported rule not so adopted, for whatever reason, is 
    unauthorized. 
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)