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Public Act 92-0790
SB2226 Enrolled LRB9212618DJmb
AN ACT in relation to public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-315 as follows:
(20 ILCS 2310/2310-315) (was 20 ILCS 2310/55.41)
(Text of Section before amendment by P.A. 92-84)
Sec. 2310-315. Prevention and treatment of AIDS. To
perform the following in relation to the prevention and
treatment of acquired immunodeficiency syndrome (AIDS):
(1) Establish a State AIDS Control Unit within the
Department as a separate administrative subdivision, to
coordinate all State programs and services relating to the
prevention, treatment, and amelioration of AIDS.
(2) Conduct a public information campaign for
physicians, hospitals, health facilities, public health
departments, law enforcement personnel, public employees,
laboratories, and the general public on acquired
immunodeficiency syndrome (AIDS) and promote necessary
measures to reduce the incidence of AIDS and the mortality
from AIDS. This program shall include, but not be limited to,
the establishment of a statewide hotline and a State AIDS
information clearinghouse that will provide periodic reports
and releases to public officials, health professionals,
community service organizations, and the general public
regarding new developments or procedures concerning
prevention and treatment of AIDS.
(3) (Blank). Establish an AIDS Advisory Council
consisting of 25 persons appointed by the Governor, including
representation from public and private agencies,
organizations, and facilities involved in AIDS research,
prevention, and treatment, which shall advise the Department
on the State AIDS Control Plan. The terms of the initial
appointments shall be staggered so that 13 members are
appointed for 2-year terms and 12 members are appointed for
4-year terms. All subsequent appointments shall be for 4-year
terms. Members shall serve without compensation, but may be
reimbursed for expenses incurred in relation to their duties
on the Council. A Chairman and other officers that may be
considered necessary shall be elected from among the members.
Any vacancy shall be filled for the term of the original
appointment. Members whose terms have expired may continue
to serve until their successors are appointed.
(4) Establish alternative blood test services that are
not operated by a blood bank, plasma center or hospital. The
Department shall prescribe by rule minimum criteria,
standards and procedures for the establishment and operation
of such services, which shall include, but not be limited to
requirements for the provision of information, counseling and
referral services that ensure appropriate counseling and
referral for persons whose blood is tested and shows evidence
of exposure to the human immunodeficiency virus (HIV) or
other identified causative agent of acquired immunodeficiency
syndrome (AIDS).
(5) Establish regional and community service networks of
public and private service providers or health care
professionals who may be involved in AIDS research,
prevention and treatment.
(6) Provide grants to individuals, organizations or
facilities to support the following:
(A) Information, referral, and treatment services.
(B) Interdisciplinary workshops for professionals
involved in research and treatment.
(C) Establishment and operation of a statewide
hotline.
(D) Establishment and operation of alternative
testing services.
(E) Research into detection, prevention, and
treatment.
(F) Supplementation of other public and private
resources.
(G) Implementation by long-term care facilities of
Department standards and procedures for the care and
treatment of persons with AIDS and the development of
adequate numbers and types of placements for those
persons.
(7) Conduct a study and report to the Governor and the
General Assembly by July 1, 1988, on the public and private
costs of AIDS medical treatment, including the availability
and accessibility of inpatient, outpatient, physician, and
community support services.
(8) Accept any gift, donation, bequest, or grant of
funds from private or public agencies, including federal
funds that may be provided for AIDS control efforts.
(9) Develop and implement, in consultation with the
Long-Term Care Facility Advisory Board, standards and
procedures for long-term care facilities that provide care
and treatment of persons with AIDS, including appropriate
infection control procedures. The Department shall work
cooperatively with organizations representing those
facilities to develop adequate numbers and types of
placements for persons with AIDS and shall advise those
facilities on proper implementation of its standards and
procedures.
(10) The Department shall create and administer a
training program for State employees who have a need for
understanding matters relating to AIDS in order to deal with
or advise the public. The training shall include information
on the cause and effects of AIDS, the means of detecting it
and preventing its transmission, the availability of related
counseling and referral, and other matters that may be
appropriate. The training may also be made available to
employees of local governments, public service agencies, and
private agencies that contract with the State; in those cases
the Department may charge a reasonable fee to recover the
cost of the training.
(11) Approve tests or testing procedures used in
determining exposure to HIV or any other identified causative
agent of AIDS.
(Source: P.A. 91-239, eff. 1-1-00.)
(Text of Section after amendment by P.A. 92-84)
Sec. 2310-315. Prevention and treatment of AIDS. To
perform the following in relation to the prevention and
treatment of acquired immunodeficiency syndrome (AIDS):
(1) Establish a State AIDS Control Unit within the
Department as a separate administrative subdivision, to
coordinate all State programs and services relating to the
prevention, treatment, and amelioration of AIDS.
(2) Conduct a public information campaign for
physicians, hospitals, health facilities, public health
departments, law enforcement personnel, public employees,
laboratories, and the general public on acquired
immunodeficiency syndrome (AIDS) and promote necessary
measures to reduce the incidence of AIDS and the mortality
from AIDS. This program shall include, but not be limited to,
the establishment of a statewide hotline and a State AIDS
information clearinghouse that will provide periodic reports
and releases to public officials, health professionals,
community service organizations, and the general public
regarding new developments or procedures concerning
prevention and treatment of AIDS.
(3) (Blank). Establish an AIDS Advisory Council
consisting of 25 persons appointed by the Governor, including
representation from public and private agencies,
organizations, and facilities involved in AIDS research,
prevention, and treatment, which shall advise the Department
on the State AIDS Control Plan. The terms of the initial
appointments shall be staggered so that 13 members are
appointed for 2-year terms and 12 members are appointed for
4-year terms. All subsequent appointments shall be for 4-year
terms. Members shall serve without compensation, but may be
reimbursed for expenses incurred in relation to their duties
on the Council. A Chairman and other officers that may be
considered necessary shall be elected from among the members.
Any vacancy shall be filled for the term of the original
appointment. Members whose terms have expired may continue
to serve until their successors are appointed.
(4) Establish alternative blood test services that are
not operated by a blood bank, plasma center or hospital. The
Department shall prescribe by rule minimum criteria,
standards and procedures for the establishment and operation
of such services, which shall include, but not be limited to
requirements for the provision of information, counseling and
referral services that ensure appropriate counseling and
referral for persons whose blood is tested and shows evidence
of exposure to the human immunodeficiency virus (HIV) or
other identified causative agent of acquired immunodeficiency
syndrome (AIDS).
(5) Establish regional and community service networks of
public and private service providers or health care
professionals who may be involved in AIDS research,
prevention and treatment.
(6) Provide grants to individuals, organizations or
facilities to support the following:
(A) Information, referral, and treatment services.
(B) Interdisciplinary workshops for professionals
involved in research and treatment.
(C) Establishment and operation of a statewide
hotline.
(D) Establishment and operation of alternative
testing services.
(E) Research into detection, prevention, and
treatment.
(F) Supplementation of other public and private
resources.
(G) Implementation by long-term care facilities of
Department standards and procedures for the care and
treatment of persons with AIDS and the development of
adequate numbers and types of placements for those
persons.
(7) (Blank).
(8) Accept any gift, donation, bequest, or grant of
funds from private or public agencies, including federal
funds that may be provided for AIDS control efforts.
(9) Develop and implement, in consultation with the
Long-Term Care Facility Advisory Board, standards and
procedures for long-term care facilities that provide care
and treatment of persons with AIDS, including appropriate
infection control procedures. The Department shall work
cooperatively with organizations representing those
facilities to develop adequate numbers and types of
placements for persons with AIDS and shall advise those
facilities on proper implementation of its standards and
procedures.
(10) The Department shall create and administer a
training program for State employees who have a need for
understanding matters relating to AIDS in order to deal with
or advise the public. The training shall include information
on the cause and effects of AIDS, the means of detecting it
and preventing its transmission, the availability of related
counseling and referral, and other matters that may be
appropriate. The training may also be made available to
employees of local governments, public service agencies, and
private agencies that contract with the State; in those cases
the Department may charge a reasonable fee to recover the
cost of the training.
(11) Approve tests or testing procedures used in
determining exposure to HIV or any other identified causative
agent of AIDS.
(Source: P.A. 91-239, eff. 1-1-00; 92-84, eff. 7-1-02.)
(20 ILCS 2310/2310-375 rep.)
(20 ILCS 2310/2310-545 rep.)
Section 6. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by repealing Sections 2310-375 and 2310-545.
(20 ILCS 4022/Act rep.)
Section 10. The Primary Care Medical Education Advisory
Committee Act is repealed.
(30 ILCS 105/5.360 rep.)
Section 15. The State Finance Act is amended by repealing
Section 5.360.
(30 ILCS 405/4a rep.)
Section 20. The Anti-Pollution Bond Act is amended by
repealing Section 4a.
(35 ILCS 5/507D rep.)
Section 25. The Illinois Income Tax Act is amended by
repealing Section 507D.
Section 30. The Baccalaureate Assistance Law for
Registered Nurses is amended by changing Section 9 as
follows:
(110 ILCS 915/9) (from Ch. 144, par. 1409)
Sec. 9. Advisory Council. To assist and advise the
Department in the administration of the Nursing Education
Scholarship Act and this Act, advise on rules and
regulations, recommend standards relating to the awarding of
scholarships, and recommend the awarding of loans and
scholarship and grant forgiveness, there is hereby
established a Nurse Scholarship and Baccalaureate Nursing
Assistance Advisory Council, of 11 members who shall be
appointed for terms of 4 years by the Director as follows: 4
members from a recognized statewide professional nurses
association, 2 members from recognized statewide associations
for professional nurses from associate degree or hospital
based programs in nursing, 2 members from recognized
statewide associations for licensed practical nurses, one
member from the members or employees of the Board, one member
from the Committee of Nurse Examiners under the Illinois
Nursing Practice Act, and one member representative of
consumers of nursing services. The first appointments of
4-year terms, in 1988, shall be staggered, with 3
appointments terminating in 1990 and 4 terminating in 1992.
The terms of the two new appointments required by this
amendatory Act of 1990, shall terminate in 1994. The 2
members added as a result of this amendatory Act of 1991
shall be appointed as soon as possible after the effective
date of this amendatory Act of 1991 and their terms shall
expire in 1995. Each member shall continue to serve after the
expiration of his or her term until a successor has been
appointed and qualified. No person shall serve more than 2
terms. Vacancies shall be filled by appointment for the
unexpired term of any member in the same manner as the vacant
position had been filled. The Department may delegate all or
any of its functions hereunder to the Advisory Council. From
time to time, and at least once in each 5 years, the Advisory
Council shall make and publish an evaluation of the program
under this Act.
(Source: P.A. 86-1467; 87-577.)
(210 ILCS 85/6.05 rep.)
(210 ILCS 85/6.18 rep.)
Section 35. The Hospital Licensing Act is amended by
repealing Sections 6.05 and 6.18.
Section 40. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by changing Section 3.15 as follows:
(320 ILCS 25/3.15) (from Ch. 67 1/2, par. 403.15)
Sec. 3.15. "Covered prescription drug" means (1) any
cardiovascular agent or drug; (2) any insulin or other
prescription drug used in the treatment of diabetes,
including syringe and needles used to administer the insulin;
(3) any prescription drug used in the treatment of arthritis,
(4) beginning on January 1, 2001, any prescription drug used
in the treatment of cancer, (5) beginning on January 1, 2001,
any prescription drug used in the treatment of Alzheimer's
disease, (6) beginning on January 1, 2001, any prescription
drug used in the treatment of Parkinson's disease, (7)
beginning on January 1, 2001, any prescription drug used in
the treatment of glaucoma, (8) beginning on January 1, 2001,
any prescription drug used in the treatment of lung disease
and smoking related illnesses, and (9) beginning on July 1,
2001, any prescription drug used in the treatment of
osteoporosis. The specific agents or products to be included
under such categories shall be listed in a handbook to be
prepared and distributed by the Department. The general
types of covered prescription drugs shall be indicated by
rule. The Department of Public Health shall promulgate a
list of covered prescription drugs under this program that
meet the definition of a narrow therapeutic index drug as
described in subsection (f) of Section 4.
(Source: P.A. 91-699, eff. 1-1-01; 92-10, eff. 6-11-01.)
(410 ILCS 315/2c rep.)
Section 45. The Communicable Disease Prevention Act is
amended by repealing Section 2c.
(410 ILCS 420/3.5 rep.)
Section 50. The Hemophilia Care Act is amended by
repealing Section 3.5.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 29, 2002.
Approved August 06, 2002.
Effective August 06, 2002.
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