HB3871 Engrossed

LRB094 07508 RSP 37675 b






1
    AN ACT concerning State government.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:

 
4
    Section 5. The Department of Professional Regulation Law of 
5
the
Civil Administrative Code of Illinois is amended  by 
6
changing Section 2105-400 as follows:
 
7
    (20 ILCS 2105/2105-400)

8
    Sec. 2105-400. Emergency Powers.
9
    (a) Upon proclamation of a disaster by the Governor, as 
10
provided for in the Illinois Emergency Management Agency Act, 
11
the Director of Professional Regulation shall have the 
12
following powers, which shall be exercised only in coordination 
13
with the Illinois Emergency Management Agency and the 
14
Department of Public Health:

15
        (1) The power to suspend the requirements for permanent 
16
    or temporary licensure of persons who are licensed in 
17
    another state and are working under the direction of the 
18
    Illinois Emergency Management Agency (or an emergency 
19
    services and disaster agency accredited by the Illinois 
20
    Emergency Management Agency) and the Department of Public 
21
    Health (or a local public health department) pursuant to a 
22
    declared disaster.
23
        (2) The power to modify the scope of practice 
24
    restrictions under any licensing act administered by the 
25
    Department for any person working under the direction of 
26
    the Illinois Emergency Management Agency (or an emergency 
27
    services and disaster agency accredited by the Illinois 
28
    Emergency Management Agency) and the Illinois Department 
29
    of Public Health (or a local public health department) 
30
    pursuant to the declared disaster.
31
        (3) The power to expand the exemption in Section 4(a) 
32
    of the Pharmacy Practice Act of 1987 to those licensed 
 


 






HB3871 Engrossed
- 2 -
LRB094 07508 RSP 37675 b




1
    professionals whose scope of practice has been modified, 
2
    under paragraph (2) of subsection (a) of this Section, to 
3
    include any element of the practice of pharmacy as defined 
4
    in the Pharmacy Practice Act of 1987 for any person working 
5
    under the direction of the Illinois Emergency Management 
6
    Agency (or an emergency services and disaster agency 
7
    accredited by the Illinois Emergency Management Agency) 
8
    and the Illinois Department of Public Health (or a local 
9
    public health department) pursuant to the declared 
10
    disaster.
11
    (b) Persons exempt from licensure under paragraph (1) of 
12
subsection (a) of this Section and persons operating under 
13
modified scope of practice provisions under paragraph (2) of 
14
subsection (a) of this Section shall be exempt from licensure 
15
or be subject to modified scope of practice only until the 
16
declared disaster has ended as provided by law.
17
    (c) The Director shall exercise these powers by way of 
18
proclamation.

19
(Source: P.A. 93-829, eff. 7-28-04.)
 
20
    Section 10. The Department of Public Health Powers and 
21
Duties Law of the
Civil Administrative Code of Illinois is 
22
amended  by changing Section 2310-625 as follows:
 
23
    (20 ILCS 2310/2310-625)

24
    Sec. 2310-625. Emergency Powers.
25
    (a) Upon proclamation of a disaster by the Governor, as 
26
provided for in the Illinois Emergency Management Agency Act, 
27
the Director of Public Health shall have the following powers, 
28
which shall be exercised only in coordination with the Illinois 
29
Emergency Management Agency and the Department of Professional 
30
Regulation:
31
        (1) The power to suspend the requirements for temporary 
32
    or permanent licensure or certification of persons who are 
33
    licensed or certified in another state and are working 
34
    under the direction of the Illinois Emergency Management 
 


 






HB3871 Engrossed
- 3 -
LRB094 07508 RSP 37675 b




1
    Agency (or an emergency services and disaster agency 
2
    accredited by the Illinois Emergency Management Agency) 
3
    and the Illinois Department of Public Health (or a local 
4
    public health department) pursuant to the declared 
5
    disaster.
6
        (2) The power to modify the scope of practice 
7
    restrictions under the Emergency Medical Services (EMS) 
8
    Systems Act for any persons who are licensed under that Act 
9
    for any person working under the direction of the Illinois 
10
    Emergency Management Agency (or an emergency services and 
11
    disaster agency accredited by the Illinois Emergency 
12
    Management Agency) and the Illinois Department of Public 
13
    Health (or a local public health department) pursuant to 
14
    the declared disaster.
15
        (3) The power to modify the scope of practice 
16
    restrictions under the Nursing Home Care Act for Certified 
17
    Nursing Assistants for any person working under the 
18
    direction of the Illinois Emergency Management Agency (or 
19
    an emergency services and disaster agency accredited by the 
20
    Illinois Emergency Management Agency) and the Illinois 
21
    Department of Public Health (or a local public health 
22
    department) pursuant to the declared disaster.
23
    (b) Persons exempt from licensure or certification under 
24
paragraph (1) of subsection (a) and persons operating under 
25
modified scope of practice provisions under paragraph (2) of 
26
subsection (a) and paragraph (3) of subsection (a) shall be 
27
exempt from licensure or certification or subject to modified 
28
scope of practice only until the declared disaster has ended as 
29
provided by law.
30
    (c) The Director shall exercise these powers by way of 
31
proclamation.


32
(Source: P.A. 93-829, eff. 7-28-04.)