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92nd General Assembly

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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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