Comparing HB 313 → HB 20-1216 — Sunset Continue Nurse Practice Act

Struck = only in HB 313 · added = only in HB 20-1216.

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HB0313 Enrolled LRB100 04130 SMS 14135 b AN ACT concerning regulation.
Second Regular Session Seventy-second General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
20-0512.01 Christy Chase x2008 HOUSE BILL 20-1216 HOUSE SPONSORSHIP Mullica, Buckner, Caraveo, Lontine, Titone SENATE SPONSORSHIP Ginal, House Committees Senate Committees Health & Insurance Finance Appropriations A BILL FOR AN ACT C ONCERNING THE CONTINUATION OF THE STATE BOARD OF NURSING , AND , IN CONNECTION THEREWITH , IMPLEMENTING THE RECOMMENDATIONS CONTAINED IN THE 2019 SUNSET REPORT BY THE DEPARTMENT OF REGULATORY AGENCIES .
Section 5.
Bill Summary (Note:
The Regulatory Sunset Act is amended by changing Section 4.28 and by adding Section 4.38 as follows:
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.) SunsetProcess-HouseHealthandInsuranceCommittee.The bill implements the recommendations of the department of regulatory i 0 agenciesinitssunsetreviewandreportonthe"NursePracticeAct"(act), a 2 S R 0 O n 1 Shading denotes HOUSE amendment.
(5 ILCS 80/4.28) Sec.
Double underlining denotes SENATE amendment.
4.28.
H 2 r Capital letters or bold & italic numbers indicate new material to be added to existing dtatute.
Acts repealed on January 1, 2018.
Dashes through the words indicate deletions from existing statute.
The following Acts are repealed on January 1, 2018:
e m A under which nurses are regulated by the state board of nursing (board).
The Illinois Petroleum Education and Marketing Act.
Specifically, the bill:
The Podiatric Medical Practice Act of 1987.
! Continues the act for 7 years, until September 1, 2027 (sections 1 and 2 of the bill);
The Acupuncture Practice Act.
! Authorizestheboardtoenterintoaconfidentialagreement to limit practice with a nurse who has a health condition that affects the ability of the nurse to practice safely and modifies grounds for disciplining a nurse to specify that a nurse may be disciplined for failing to notify the board of a health condition that limits the nurse's ability to practice safely,failingtoactwithinthelimitsimposedbythehealth condition, or failing to comply with the terms of a confidential agreement entered into with the board (sections 3 through 5);
The Illinois Speech-Language Pathology and Audiology Practice Act.
! Adds, as a ground for disciplining a nurse, engaging in a sexualactwithapatientduringthecourseofcareorwithin months after care is concluded (section 4);
The Interpreter for the Deaf Licensure Act of 2007.
! Requires licensees and insurance carriers to report malpractice settlements and judgments (sections 4 and 6 through 8);
The Nurse Practice Act.
! Modifies the grounds for discipline relating to alcohol or drug use or abuse to clarify that the use or abuse need not be ongoing to trigger discipline (section 4);
The Clinical Social Work and Social Work Practice Act.
! Requires a nurse to report an adverse action or the surrender of a license within 30 days after the action (section 4);
The Pharmacy Practice Act.
! Requires a nurse to report a criminal conviction within 30, rather than 45, days after the conviction (section 4);
The Home Medical Equipment and Services Provider License Act.
! Repeals the standards of "willful" and "negligent" with regard to certain grounds for disciplining a nurse (section 4);
The Marriage and Family Therapy Licensing Act.
! Changes the title "advanced practice nurse" and the acronym "A.P.N." to "advanced practice registered nurse" and "A.P.R.N." (sections 9 through 17);
The Nursing Home Administrators Licensing and Disciplinary Act.
! Eliminatestherequirementthatanadvancedpracticenurse (APN) with prescriptive authority maintain and update an articulated plan once the APN has completed the provisional prescriptive authority period (section 13);
The Physician Assistant Practice Act of 1987.
! Authorizes, rather than requires, the board to conduct random audits of an APN's articulated plan regarding the APN's provisional prescriptive authority (section 13);
HB0313 Enrolled - 2 - LRB100 04130 SMS 14135 b (Source:
! Eliminates the age limit for a nurse to obtain a volunteer license (sections 18 and 19);
P.A.
! Repeals the requirement for the director of the division of professions and occupations to consult with the board -2- 1216 before appointing an executive administrator and other personnel for the board (section 20);
95-187, eff.
! Repeals the requirement for at least one board member to sit on the panel to interview candidates for the board executive administrator position (section 20);
8-16-07;
and ! Makes technical amendments to the act to:
95-235, eff.
Split 2 distinct grounds for discipline that are included in a single paragraph in the disciplinary section of the act into 2 separate paragraphs;
8-17-07;
replaces references in the act to the term"refuse"withtheterm"deny";andrepealsanobsolete provision (sections 4 and 21 through 25).
95-450, eff.
Be it enacted by the General Assembly of the State of Colorado:
8-27-07;
SECTION 1.
95-465, eff.
Legislative declaration.
8-27-07;
The general assembly finds and determines that the experience hours for advanced practice registered nurses to obtain prescriptive authority, as specified in section 12-255-112(4)(b),ColoradoRevisedStatutes,shouldbereducedinorder to remove barriers to advanced practice registered nurses obtaining full prescriptiveauthorityandtoalignwithstandardsoftheNationalCouncil of State Boards of Nursing and should not be adjusted downward again until after the next scheduled review of the state board of nursing pursuant to section 24-34-104, Colorado Revised Statutes, at which time the department of regulatory agencies should review and determine whether the experience hours require further adjustments.
95-617, eff.
SECTION 2.
9-12-07;
In Colorado Revised Statutes, amend 12-255-134 as follows:
95-639, eff.
12-255-134.
10-5-07;
Repeal of article - subject to review.
95-687, eff.
This article 255 is repealed, effective July 1, 2020PTEMBER 1, 2027.
10-23-07;
Before the repeal, the board is scheduled for review in accordance with section 24-34-104.
95-689, eff.
SECTION 3.
10-29-07;
In Colorado Revised Statutes, 24-34-104, repeal -3- 1216 (18)(a)(V);
95-703, eff.
and add (28)(a)(III) as follows:
12-31-07;
24-34-104.
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95-876, eff.
General assembly review of regulatory agencies andfunctionsforrepeal,continuation,orreestablishment-legislative declaration-repeal.(18)(a) Thefollowingagencies,functions,orboth, are scheduled to repeal on July 1, 2020:
8-21-08;
(V) The state board of nursing created in article 255 of title 12;
96-328, eff.
(28)(a) Thefollowingagencies,functions,orboth,arescheduled for repeal on September 1, 2027:
8-11-09.) (5 ILCS 80/4.38 new) Sec.
(III) TE STATE BOARD OF NURSING CREATED IN ARTICLE 255OF TITLE 12;
4.38.
SECTION 4.
Act repealed on January 1, 2028.
In Colorado Revised Statutes, 12-30-108, repeal (4)(a)(I)(C) as follows:
The following Act is repealed on January 1, 2028:
12-30-108.
The Nurse Practice Act.
Confidentialagreementtolimitpractice-violation grounds for discipline.
Section 10.
(4) (a) This section does not apply to:
The State Employees Group Insurance Act of 1971 is amended by changing Section 6.11A as follows:
(I) The following health care professionals:
(5 ILCS 375/6.11A) Sec.
(C) Nurses regulated pursuant to article 255 of this title 12;
6.11A.
SECTION 5.
Physical therapy and occupational therapy.
In Colorado RevisedStatutes,12-255-120,amend (1)(c), (1)(f), (1)(g), (1)(i), (1)(j), (1)(z),;
(a) The program of health benefits provided under this Act shall provide coverage for medically necessary physical therapy and occupational therapy when that therapy is ordered for the treatment of autoimmune diseases or referred for the same purpose by (i) a physician licensed under the Medical Practice Act of 1987, (ii) a physician assistant licensed under the Physician Assistant Practice Act of 1987, or (iii) an advanced practice registered nurse licensed under the Nurse Practice Act.
repeal (1)(bb);
(b) For the purpose of this Section, "medically necessary" HB0313 Enrolled - 3 - LRB100 04130 SMS 14135 b means any care, treatment, intervention, service, or item that will or is reasonably expected to:
and add (1)(cc), (1)(dd), (1)(ee), (1)(ff), and (1)(gg) as follows:
(i) prevent the onset of an illness, condition, injury, disease, or disability;
12-255-120.
(ii) reduce or ameliorate the physical, mental, or developmental effects of an illness, condition, injury, disease, or disability;
or (iii) assist the achievement or maintenance of maximum functional activity in performing daily activities.
(c) The coverage required under this Section shall be subject to the same deductible, coinsurance, waiting period, cost sharing limitation, treatment limitation, calendar year maximum, or other limitations as provided for other physical or rehabilitative or occupational therapy benefits covered by the policy.
(d) Upon request of the reimbursing insurer, the provider of the physical therapy or occupational therapy shall furnish medical records, clinical notes, or other necessary data that substantiate that initial or continued treatment is medically necessary.
When treatment is anticipated to require continued services to achieve demonstrable progress, the insurer may request a treatment plan consisting of the diagnosis, proposed treatment by type, proposed frequency of treatment, anticipated duration of treatment, anticipated outcomes stated as goals, and proposed frequency of updating the treatment plan.
HB0313 Enrolled - 4 - LRB100 04130 SMS 14135 b (e) When making a determination of medical necessity for treatment, an insurer must make the determination in a manner consistent with the manner in which that determination is made with respect to other diseases or illnesses covered under the policy, including an appeals process.
During the appeals process, any challenge to medical necessity may be viewed as reasonable only if the review includes a licensed health care professional with the same category of license as the professional who ordered or referred the service in question and with expertise in the most current and effective treatment.
(Source:
P.A.
99-581, eff.
1-1-17.) Section 15.
The Election Code is amended by changing Sections 19-12.1 and 19-13 as follows:
(10 ILCS 5/19-12.1) (from Ch.
46, par.
19-12.1) Sec.
19-12.1.
Any qualified elector who has secured an Illinois Person with a Disability Identification Card in accordance with the Illinois Identification Card Act, indicating that the person named thereon has a Class 1A or Class 2 disability or any qualified voter who has a permanent physical incapacity of such a nature as to make it improbable that he will be able to be present at the polls at any future election, or any voter who is a resident of (i) a federally operated veterans' home, hospital, or facility located in Illinois or (ii) a facility licensed or certified pursuant to HB0313 Enrolled - 5 - LRB100 04130 SMS 14135 b the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act and has a condition or disability of such a nature as to make it improbable that he will be able to be present at the polls at any future election, may secure a voter's identification card for persons with disabilities or a nursing home resident's identification card, which will enable him to vote under this Article as a physically incapacitated or nursing home voter.
For the purposes of this Section, "federally operated veterans' home, hospital, or facility" means the long-term care facilities at the Jesse Brown VA Medical Center, Illiana Health Care System, Edward Hines, Jr.
VA Hospital, Marion VA Medical Center, and Captain James A.
Lovell Federal Health Care Center.
Application for a voter's identification card for persons with disabilities or a nursing home resident's identification card shall be made either:
(a) in writing, with voter's sworn affidavit, to the county clerk or board of election commissioners, as the case may be, and shall be accompanied by the affidavit of the attending physician, advanced practice registered nurse, or a physician assistant specifically describing the nature of the physical incapacity or the fact that the voter is a nursing home resident and is physically unable to be present at the polls on election days;
or (b) by presenting, in writing or otherwise, to the county clerk or board of election commissioners, as the case may be, proof that HB0313 Enrolled - 6 - LRB100 04130 SMS 14135 b the applicant has secured an Illinois Person with a Disability Identification Card indicating that the person named thereon has a Class 1A or Class 2 disability.
Upon the receipt of either the sworn-to application and the physician's, advanced practice registered nurse's, or a physician assistant's affidavit or proof that the applicant has secured an Illinois Person with a Disability Identification Card indicating that the person named thereon has a Class 1A or Class 2 disability, the county clerk or board of election commissioners shall issue a voter's identification card for persons with disabilities or a nursing home resident's identification card.
Such identification cards shall be issued for a period of 5 years, upon the expiration of which time the voter may secure a new card by making application in the same manner as is prescribed for the issuance of an original card, accompanied by a new affidavit of the attending physician, advanced practice registered nurse, or a physician assistant.
The date of expiration of such five-year period shall be made known to any interested person by the election authority upon the request of such person.
Applications for the renewal of the identification cards shall be mailed to the voters holding such cards not less than 3 months prior to the date of expiration of the cards.
Each voter's identification card for persons with disabilities or nursing home resident's identification card shall bear an identification number, which shall be clearly noted on the voter's original and duplicate registration record HB0313 Enrolled - 7 - LRB100 04130 SMS 14135 b cards.
In the event the holder becomes physically capable of resuming normal voting, he must surrender his voter's identification card for persons with disabilities or nursing home resident's identification card to the county clerk or board of election commissioners before the next election.
The holder of a voter's identification card for persons with disabilities or a nursing home resident's identification card may make application by mail for an official ballot within the time prescribed by Section 19-2.
Such application shall contain the same information as is included in the form of application for ballot by a physically incapacitated elector prescribed in Section 19-3 except that it shall also include the applicant's voter's identification card for persons with disabilities card number and except that it need not be sworn to.
If an examination of the records discloses that the applicant is lawfully entitled to vote, he shall be mailed a ballot as provided in Section 19-4.
The ballot envelope shall be the same as that prescribed in Section 19-5 for voters with physical disabilities, and the manner of voting and returning the ballot shall be the same as that provided in this Article for other vote by mail ballots, except that a statement to be subscribed to by the voter but which need not be sworn to shall be placed on the ballot envelope in lieu of the affidavit prescribed by Section 19-5.
Any person who knowingly subscribes to a false statement in connection with voting under this Section shall be guilty of a HB0313 Enrolled - 8 - LRB100 04130 SMS 14135 b Class A misdemeanor.
For the purposes of this Section, "nursing home resident" includes a resident of (i) a federally operated veterans' home, hospital, or facility located in Illinois or (ii) a facility licensed under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013.
For the purposes of this Section, "federally operated veterans' home, hospital, or facility" means the long-term care facilities at the Jesse Brown VA Medical Center, Illiana Health Care System, Edward Hines, Jr.
VA Hospital, Marion VA Medical Center, and Captain James A.
Lovell Federal Health Care Center.
(Source:
P.A.
98-104, eff.
7-22-13;
98-1171, eff.
6-1-15;
99-143, eff.
7-27-15;
99-180, eff.
7-29-15;
99-581, eff.
1-1-17;
99-642, eff.
6-28-16.) (10 ILCS 5/19-13) (from Ch.
46, par.
19-13) Sec.
19-13.
Any qualified voter who has been admitted to a hospital, nursing home, or rehabilitation center due to an illness or physical injury not more than 14 days before an election shall be entitled to personal delivery of a vote by mail ballot in the hospital, nursing home, or rehabilitation center subject to the following conditions:
(1) The voter completes the Application for Physically Incapacitated Elector as provided in Section 19-3, stating as reasons therein that he is a patient in ...............
(name of hospital/home/center), ...............
located at, HB0313 Enrolled - 9 - LRB100 04130 SMS 14135 b ...............
(address of hospital/home/center), ...............
(county, city/village), was admitted for ...............
(nature of illness or physical injury), on ...............
(date of admission), and does not expect to be released from the hospital/home/center on or before the day of election or, if released, is expected to be homebound on the day of the election and unable to travel to the polling place.
(2) The voter's physician, advanced practice registered nurse, or physician assistant completes a Certificate of Attending Health Care Professional in a form substantially as follows:
CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL I state that I am a physician, advanced practice registered nurse, or physician assistant, duly licensed to practice in the State of .........;
that ..........
is a patient in ..........
(name of hospital/home/center), located at .............
(address of hospital/home/center), .................
(county, city/village);
that such individual was admitted for .............
(nature of illness or physical injury), on ............
(date of admission);
and that I have examined such individual in the State in which I am licensed to practice and do not expect such individual to be released from the hospital/home/center on or before the day of election or, if released, to be able to travel to the polling place on election day.
Under penalties as provided by law pursuant to Section HB0313 Enrolled - 10 - LRB100 04130 SMS 14135 b 29-10 of The Election Code, the undersigned certifies that the statements set forth in this certification are true and correct.
(Signature) ...............
(Date licensed) ............
(3) Any person who is registered to vote in the same precinct as the admitted voter or any legal relative of the admitted voter may present such voter's vote by mail ballot application, completed as prescribed in paragraph 1, accompanied by the physician's, advanced practice registered nurse's, or a physician assistant's certificate, completed as prescribed in paragraph 2, to the election authority.
Such precinct voter or relative shall execute and sign an affidavit furnished by the election authority attesting that he is a registered voter in the same precinct as the admitted voter or that he is a legal relative of the admitted voter and stating the nature of the relationship.
Such precinct voter or relative shall further attest that he has been authorized by the admitted voter to obtain his or her vote by mail ballot from the election authority and deliver such ballot to him in the hospital, home, or center.
Upon receipt of the admitted voter's application, physician's, advanced practice registered nurse's, or a physician assistant's certificate, and the affidavit of the precinct voter or the relative, the election authority shall examine the registration records to determine if the applicant HB0313 Enrolled - 11 - LRB100 04130 SMS 14135 b is qualified to vote and, if found to be qualified, shall provide the precinct voter or the relative the vote by mail ballot for delivery to the applicant.
Upon receipt of the vote by mail ballot, the admitted voter shall mark the ballot in secret and subscribe to the certifications on the vote by mail ballot return envelope.
After depositing the ballot in the return envelope and securely sealing the envelope, such voter shall give the envelope to the precinct voter or the relative who shall deliver it to the election authority in sufficient time for the ballot to be delivered by the election authority to the election authority's central ballot counting location before 7 p.m.
on election day.
Upon receipt of the admitted voter's vote by mail ballot, the ballot shall be counted in the manner prescribed in this Article.
(Source:
P.A.
98-1171, eff.
6-1-15;
99-581, eff.
1-1-17.) Section 20.
The Illinois Identification Card Act is amended by changing Section 4 as follows:
(15 ILCS 335/4) (from Ch.
124, par.
24) (Text of Section before amendment by P.A.
99-907) Sec.
4.
Identification card.
(a) The Secretary of State shall issue a standard Illinois Identification Card to any natural person who is a resident of the State of Illinois who applies for such card, or renewal HB0313 Enrolled - 12 - LRB100 04130 SMS 14135 b thereof, or who applies for a standard Illinois Identification Card upon release as a committed person on parole, mandatory supervised release, aftercare release, final discharge, or pardon from the Department of Corrections or Department of Juvenile Justice by submitting an identification card issued by the Department of Corrections or Department of Juvenile Justice under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of Corrections, together with the prescribed fees.
No identification card shall be issued to any person who holds a valid foreign state identification card, license, or permit unless the person first surrenders to the Secretary of State the valid foreign state identification card, license, or permit.
The card shall be prepared and supplied by the Secretary of State and shall include a photograph and signature or mark of the applicant.
However, the Secretary of State may provide by rule for the issuance of Illinois Identification Cards without photographs if the applicant has a bona fide religious objection to being photographed or to the display of his or her photograph.
The Illinois Identification Card may be used for identification purposes in any lawful situation only by the person to whom it was issued.
As used in this Act, "photograph" means any color photograph or digitally produced and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as written by that person and captured in a manner acceptable to the Secretary of State.
HB0313 Enrolled - 13 - LRB100 04130 SMS 14135 b (a-5) If an applicant for an identification card has a current driver's license or instruction permit issued by the Secretary of State, the Secretary may require the applicant to utilize the same residence address and name on the identification card, driver's license, and instruction permit records maintained by the Secretary.
The Secretary may promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined in Section 1-10 of the Judicial Privacy Act or a peace officer, the applicant may elect to have his or her office or work address listed on the card instead of the applicant's residence or mailing address.
The Secretary may promulgate rules to implement this provision.
For the purposes of this subsection (a-10), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations.
(a-15) The Secretary of State may provide for an expedited process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited issuance of an Illinois Identification Card, to be set by rule, not to exceed $75.
All fees collected by the Secretary for expedited Illinois Identification Card service shall be deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility, HB0313 Enrolled - 14 - LRB100 04130 SMS 14135 b process, and fee for an expedited Illinois Identification Card.
If the Secretary of State determines that the volume of expedited identification card requests received on a given day exceeds the ability of the Secretary to process those requests in an expedited manner, the Secretary may decline to provide expedited services, and the additional fee for the expedited service shall be refunded to the applicant.
(b) The Secretary of State shall issue a special Illinois Identification Card, which shall be known as an Illinois Person with a Disability Identification Card, to any natural person who is a resident of the State of Illinois, who is a person with a disability as defined in Section 4A of this Act, who applies for such card, or renewal thereof.
No Illinois Person with a Disability Identification Card shall be issued to any person who holds a valid foreign state identification card, license, or permit unless the person first surrenders to the Secretary of State the valid foreign state identification card, license, or permit.
The Secretary of State shall charge no fee to issue such card.
The card shall be prepared and supplied by the Secretary of State, and shall include a photograph and signature or mark of the applicant, a designation indicating that the card is an Illinois Person with a Disability Identification Card, and shall include a comprehensible designation of the type and classification of the applicant's disability as set out in Section 4A of this Act.
However, the Secretary of State may provide by rule for the issuance of HB0313 Enrolled - 15 - LRB100 04130 SMS 14135 b Illinois Person with a Disability Identification Cards without photographs if the applicant has a bona fide religious objection to being photographed or to the display of his or her photograph.
If the applicant so requests, the card shall include a description of the applicant's disability and any information about the applicant's disability or medical history which the Secretary determines would be helpful to the applicant in securing emergency medical care.
If a mark is used in lieu of a signature, such mark shall be affixed to the card in the presence of two witnesses who attest to the authenticity of the mark.
The Illinois Person with a Disability Identification Card may be used for identification purposes in any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card may be used as adequate documentation of disability in lieu of a physician's determination of disability, a determination of disability from a physician assistant, a determination of disability from an advanced practice registered nurse, or any other documentation of disability whenever any State law requires that a person with a disability provide such documentation of disability, however an Illinois Person with a Disability Identification Card shall not qualify the cardholder to participate in any program or to receive any benefit which is not available to all persons with like disabilities.
Notwithstanding any other provisions of law, an Illinois Person with a Disability Identification Card, or HB0313 Enrolled - 16 - LRB100 04130 SMS 14135 b evidence that the Secretary of State has issued an Illinois Person with a Disability Identification Card, shall not be used by any person other than the person named on such card to prove that the person named on such card is a person with a disability or for any other purpose unless the card is used for the benefit of the person named on such card, and the person named on such card consents to such use at the time the card is so used.
An optometrist's determination of a visual disability under Section 4A of this Act is acceptable as documentation for the purpose of issuing an Illinois Person with a Disability Identification Card.
When medical information is contained on an Illinois Person with a Disability Identification Card, the Office of the Secretary of State shall not be liable for any actions taken based upon that medical information.
(c) The Secretary of State shall provide that each original or renewal Illinois Identification Card or Illinois Person with a Disability Identification Card issued to a person under the age of 21 shall be of a distinct nature from those Illinois Identification Cards or Illinois Person with a Disability Identification Cards issued to individuals 21 years of age or older.
The color designated for Illinois Identification Cards or Illinois Person with a Disability Identification Cards for persons under the age of 21 shall be at the discretion of the Secretary of State.
HB0313 Enrolled - 17 - LRB100 04130 SMS 14135 b (c-1) Each original or renewal Illinois Identification Card or Illinois Person with a Disability Identification Card issued to a person under the age of 21 shall display the date upon which the person becomes 18 years of age and the date upon which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify military veterans living in this State for the purpose of ensuring that they receive all of the services and benefits to which they are legally entitled, including healthcare, education assistance, and job placement.
To assist the State in identifying these veterans and delivering these vital services and benefits, the Secretary of State is authorized to issue Illinois Identification Cards and Illinois Person with a Disability Identification Cards with the word "veteran" appearing on the face of the cards.
This authorization is predicated on the unique status of veterans.
The Secretary may not issue any other identification card which identifies an occupation, status, affiliation, hobby, or other unique characteristics of the identification card holder which is unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary of State shall designate a space on each original or renewal identification card where, at the request of the applicant, the word "veteran" shall be placed.
The veteran designation shall be available to a person identified as a veteran under subsection (b) of Section 5 of this Act who was discharged or HB0313 Enrolled - 18 - LRB100 04130 SMS 14135 b separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen discount card, to any natural person who is a resident of the State of Illinois who is 60 years of age or older and who applies for such a card or renewal thereof.
The Secretary of State shall charge no fee to issue such card.
The card shall be issued in every county and applications shall be made available at, but not limited to, nutrition sites, senior citizen centers and Area Agencies on Aging.
The applicant, upon receipt of such card and prior to its use for any purpose, shall have affixed thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may designate on each Illinois Identification Card or Illinois Person with a Disability Identification Card a space where the card holder may place a sticker or decal, issued by the Secretary of State, of uniform size as the Secretary may specify, that shall indicate in appropriate language that the card holder has renewed his or her Illinois Identification Card or Illinois Person with a Disability Identification Card.
(Source:
P.A.
98-323, eff.
1-1-14;
98-463, eff.
8-16-13;
98-558, eff.
1-1-14;
98-756, eff.
7-16-14;
99-143, eff.
7-27-15;
99-173, eff.
7-29-15;
99-305, eff.
1-1-16;
99-642, eff.
7-28-16.) (Text of Section after amendment by P.A.
99-907) Sec.
4.
Identification Card.
HB0313 Enrolled - 19 - LRB100 04130 SMS 14135 b (a) The Secretary of State shall issue a standard Illinois Identification Card to any natural person who is a resident of the State of Illinois who applies for such card, or renewal thereof.
No identification card shall be issued to any person who holds a valid foreign state identification card, license, or permit unless the person first surrenders to the Secretary of State the valid foreign state identification card, license, or permit.
The card shall be prepared and supplied by the Secretary of State and shall include a photograph and signature or mark of the applicant.
However, the Secretary of State may provide by rule for the issuance of Illinois Identification Cards without photographs if the applicant has a bona fide religious objection to being photographed or to the display of his or her photograph.
The Illinois Identification Card may be used for identification purposes in any lawful situation only by the person to whom it was issued.
As used in this Act, "photograph" means any color photograph or digitally produced and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as written by that person and captured in a manner acceptable to the Secretary of State.
(a-5) If an applicant for an identification card has a current driver's license or instruction permit issued by the Secretary of State, the Secretary may require the applicant to utilize the same residence address and name on the identification card, driver's license, and instruction permit HB0313 Enrolled - 20 - LRB100 04130 SMS 14135 b records maintained by the Secretary.
The Secretary may promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined in Section 1-10 of the Judicial Privacy Act or a peace officer, the applicant may elect to have his or her office or work address listed on the card instead of the applicant's residence or mailing address.
The Secretary may promulgate rules to implement this provision.
For the purposes of this subsection (a-10), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations.
(a-15) The Secretary of State may provide for an expedited process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited issuance of an Illinois Identification Card, to be set by rule, not to exceed $75.
All fees collected by the Secretary for expedited Illinois Identification Card service shall be deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility, process, and fee for an expedited Illinois Identification Card.
If the Secretary of State determines that the volume of expedited identification card requests received on a given day exceeds the ability of the Secretary to process those requests in an expedited manner, the Secretary may decline to provide HB0313 Enrolled - 21 - LRB100 04130 SMS 14135 b expedited services, and the additional fee for the expedited service shall be refunded to the applicant.
(a-20) The Secretary of State shall issue a standard Illinois Identification Card to a committed person upon release on parole, mandatory supervised release, aftercare release, final discharge, or pardon from the Department of Corrections or Department of Juvenile Justice, if the released person presents a certified copy of his or her birth certificate, social security card or other documents authorized by the Secretary, and 2 documents proving his or her Illinois residence address.
Documents proving residence address may include any official document of the Department of Corrections or the Department of Juvenile Justice showing the released person's address after release and a Secretary of State prescribed certificate of residency form, which may be executed by Department of Corrections or Department of Juvenile Justice personnel.
(a-25) The Secretary of State shall issue a limited-term Illinois Identification Card valid for 90 days to a committed person upon release on parole, mandatory supervised release, aftercare release, final discharge, or pardon from the Department of Corrections or Department of Juvenile Justice, if the released person is unable to present a certified copy of his or her birth certificate and social security card or other documents authorized by the Secretary, but does present a Secretary of State prescribed verification form completed by HB0313 Enrolled - 22 - LRB100 04130 SMS 14135 b the Department of Corrections or Department of Juvenile Justice, verifying the released person's date of birth and social security number and 2 documents proving his or her Illinois residence address.
The verification form must have been completed no more than 30 days prior to the date of application for the Illinois Identification Card.
Documents proving residence address shall include any official document of the Department of Corrections or the Department of Juvenile Justice showing the person's address after release and a Secretary of State prescribed certificate of residency, which may be executed by Department of Corrections or Department of Juvenile Justice personnel.
Prior to the expiration of the 90-day period of the limited-term Illinois Identification Card, if the released person submits to the Secretary of State a certified copy of his or her birth certificate and his or her social security card or other documents authorized by the Secretary, a standard Illinois Identification Card shall be issued.
A limited-term Illinois Identification Card may not be renewed.
(b) The Secretary of State shall issue a special Illinois Identification Card, which shall be known as an Illinois Person with a Disability Identification Card, to any natural person who is a resident of the State of Illinois, who is a person with a disability as defined in Section 4A of this Act, who applies for such card, or renewal thereof.
No Illinois Person with a Disability Identification Card shall be issued to any HB0313 Enrolled - 23 - LRB100 04130 SMS 14135 b person who holds a valid foreign state identification card, license, or permit unless the person first surrenders to the Secretary of State the valid foreign state identification card, license, or permit.
The Secretary of State shall charge no fee to issue such card.
The card shall be prepared and supplied by the Secretary of State, and shall include a photograph and signature or mark of the applicant, a designation indicating that the card is an Illinois Person with a Disability Identification Card, and shall include a comprehensible designation of the type and classification of the applicant's disability as set out in Section 4A of this Act.
However, the Secretary of State may provide by rule for the issuance of Illinois Person with a Disability Identification Cards without photographs if the applicant has a bona fide religious objection to being photographed or to the display of his or her photograph.
If the applicant so requests, the card shall include a description of the applicant's disability and any information about the applicant's disability or medical history which the Secretary determines would be helpful to the applicant in securing emergency medical care.
If a mark is used in lieu of a signature, such mark shall be affixed to the card in the presence of two witnesses who attest to the authenticity of the mark.
The Illinois Person with a Disability Identification Card may be used for identification purposes in any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card HB0313 Enrolled - 24 - LRB100 04130 SMS 14135 b may be used as adequate documentation of disability in lieu of a physician's determination of disability, a determination of disability from a physician assistant, a determination of disability from an advanced practice registered nurse, or any other documentation of disability whenever any State law requires that a person with a disability provide such documentation of disability, however an Illinois Person with a Disability Identification Card shall not qualify the cardholder to participate in any program or to receive any benefit which is not available to all persons with like disabilities.
Notwithstanding any other provisions of law, an Illinois Person with a Disability Identification Card, or evidence that the Secretary of State has issued an Illinois Person with a Disability Identification Card, shall not be used by any person other than the person named on such card to prove that the person named on such card is a person with a disability or for any other purpose unless the card is used for the benefit of the person named on such card, and the person named on such card consents to such use at the time the card is so used.
An optometrist's determination of a visual disability under Section 4A of this Act is acceptable as documentation for the purpose of issuing an Illinois Person with a Disability Identification Card.
When medical information is contained on an Illinois Person with a Disability Identification Card, the Office of the HB0313 Enrolled - 25 - LRB100 04130 SMS 14135 b Secretary of State shall not be liable for any actions taken based upon that medical information.
(c) The Secretary of State shall provide that each original or renewal Illinois Identification Card or Illinois Person with a Disability Identification Card issued to a person under the age of 21 shall be of a distinct nature from those Illinois Identification Cards or Illinois Person with a Disability Identification Cards issued to individuals 21 years of age or older.
The color designated for Illinois Identification Cards or Illinois Person with a Disability Identification Cards for persons under the age of 21 shall be at the discretion of the Secretary of State.
(c-1) Each original or renewal Illinois Identification Card or Illinois Person with a Disability Identification Card issued to a person under the age of 21 shall display the date upon which the person becomes 18 years of age and the date upon which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify military veterans living in this State for the purpose of ensuring that they receive all of the services and benefits to which they are legally entitled, including healthcare, education assistance, and job placement.
To assist the State in identifying these veterans and delivering these vital services and benefits, the Secretary of State is authorized to issue Illinois Identification Cards and Illinois Person with a Disability Identification Cards with the word "veteran" HB0313 Enrolled - 26 - LRB100 04130 SMS 14135 b appearing on the face of the cards.
This authorization is predicated on the unique status of veterans.
The Secretary may not issue any other identification card which identifies an occupation, status, affiliation, hobby, or other unique characteristics of the identification card holder which is unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary of State shall designate a space on each original or renewal identification card where, at the request of the applicant, the word "veteran" shall be placed.
The veteran designation shall be available to a person identified as a veteran under subsection (b) of Section 5 of this Act who was discharged or separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen discount card, to any natural person who is a resident of the State of Illinois who is 60 years of age or older and who applies for such a card or renewal thereof.
The Secretary of State shall charge no fee to issue such card.
The card shall be issued in every county and applications shall be made available at, but not limited to, nutrition sites, senior citizen centers and Area Agencies on Aging.
The applicant, upon receipt of such card and prior to its use for any purpose, shall have affixed thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may designate on each Illinois Identification Card or Illinois Person with a Disability Identification Card a space where the HB0313 Enrolled - 27 - LRB100 04130 SMS 14135 b card holder may place a sticker or decal, issued by the Secretary of State, of uniform size as the Secretary may specify, that shall indicate in appropriate language that the card holder has renewed his or her Illinois Identification Card or Illinois Person with a Disability Identification Card.
(Source:
P.A.
98-323, eff.
1-1-14;
98-463, eff.
8-16-13;
98-558, eff.
1-1-14;
98-756, eff.
7-16-14;
99-143, eff.
7-27-15;
99-173, eff.
7-29-15;
99-305, eff.
1-1-16;
99-642, eff.
7-28-16;
99-907, eff.
7-1-17.) Section 25.
The Alcoholism and Other Drug Abuse and Dependency Act is amended by changing Section 5-23 as follows:
(20 ILCS 301/5-23) Sec.
5-23.
Drug Overdose Prevention Program.
(a) Reports of drug overdose.
(1) The Director of the Division of Alcoholism and Substance Abuse shall publish annually a report on drug overdose trends statewide that reviews State death rates from available data to ascertain changes in the causes or rates of fatal and nonfatal drug overdose.
The report shall also provide information on interventions that would be effective in reducing the rate of fatal or nonfatal drug overdose and shall include an analysis of drug overdose information reported to the Department of Public Health pursuant to subsection (e) of Section 3-3013 of the HB0313 Enrolled - 28 - LRB100 04130 SMS 14135 b Counties Code, Section 6.14g of the Hospital Licensing Act, and subsection (j) of Section 22-30 of the School Code.
(2) The report may include:
(A) Trends in drug overdose death rates.
(B) Trends in emergency room utilization related to drug overdose and the cost impact of emergency room utilization.
(C) Trends in utilization of pre-hospital and emergency services and the cost impact of emergency services utilization.
(D) Suggested improvements in data collection.
(E) A description of other interventions effective in reducing the rate of fatal or nonfatal drug overdose.
(F) A description of efforts undertaken to educate the public about unused medication and about how to properly dispose of unused medication, including the number of registered collection receptacles in this State, mail-back programs, and drug take-back events.
(b) Programs;
drug overdose prevention.
(1) The Director may establish a program to provide for the production and publication, in electronic and other formats, of drug overdose prevention, recognition, and response literature.
The Director may develop and disseminate curricula for use by professionals, organizations, individuals, or committees interested in HB0313 Enrolled - 29 - LRB100 04130 SMS 14135 b the prevention of fatal and nonfatal drug overdose, including, but not limited to, drug users, jail and prison personnel, jail and prison inmates, drug treatment professionals, emergency medical personnel, hospital staff, families and associates of drug users, peace officers, firefighters, public safety officers, needle exchange program staff, and other persons.
In addition to information regarding drug overdose prevention, recognition, and response, literature produced by the Department shall stress that drug use remains illegal and highly dangerous and that complete abstinence from illegal drug use is the healthiest choice.
The literature shall provide information and resources for substance abuse treatment.
The Director may establish or authorize programs for prescribing, dispensing, or distributing opioid antagonists for the treatment of drug overdose.
Such programs may include the prescribing of opioid antagonists for the treatment of drug overdose to a person who is not at risk of opioid overdose but who, in the judgment of the health care professional, may be in a position to assist another individual during an opioid-related drug overdose and who has received basic instruction on how to administer an opioid antagonist.
(2) The Director may provide advice to State and local officials on the growing drug overdose crisis, including HB0313 Enrolled - 30 - LRB100 04130 SMS 14135 b the prevalence of drug overdose incidents, programs promoting the disposal of unused prescription drugs, trends in drug overdose incidents, and solutions to the drug overdose crisis.
(c) Grants.
(1) The Director may award grants, in accordance with this subsection, to create or support local drug overdose prevention, recognition, and response projects.
Local health departments, correctional institutions, hospitals, universities, community-based organizations, and faith-based organizations may apply to the Department for a grant under this subsection at the time and in the manner the Director prescribes.
(2) In awarding grants, the Director shall consider the necessity for overdose prevention projects in various settings and shall encourage all grant applicants to develop interventions that will be effective and viable in their local areas.
(3) The Director shall give preference for grants to proposals that, in addition to providing life-saving interventions and responses, provide information to drug users on how to access drug treatment or other strategies for abstaining from illegal drugs.
The Director shall give preference to proposals that include one or more of the following elements:
(A) Policies and projects to encourage persons, HB0313 Enrolled - 31 - LRB100 04130 SMS 14135 b including drug users, to call 911 when they witness a potentially fatal drug overdose.
(B) Drug overdose prevention, recognition, and response education projects in drug treatment centers, outreach programs, and other organizations that work with, or have access to, drug users and their families and communities.
(C) Drug overdose recognition and response training, including rescue breathing, in drug treatment centers and for other organizations that work with, or have access to, drug users and their families and communities.
(D) The production and distribution of targeted or mass media materials on drug overdose prevention and response, the potential dangers of keeping unused prescription drugs in the home, and methods to properly dispose of unused prescription drugs.
(E) Prescription and distribution of opioid antagonists.
(F) The institution of education and training projects on drug overdose response and treatment for emergency services and law enforcement personnel.
(G) A system of parent, family, and survivor education and mutual support groups.
(4) In addition to moneys appropriated by the General Assembly, the Director may seek grants from private HB0313 Enrolled - 32 - LRB100 04130 SMS 14135 b foundations, the federal government, and other sources to fund the grants under this Section and to fund an evaluation of the programs supported by the grants.
(d) Health care professional prescription of opioid antagonists.
(1) A health care professional who, acting in good faith, directly or by standing order, prescribes or dispenses an opioid antagonist to:
(a) a patient who, in the judgment of the health care professional, is capable of administering the drug in an emergency, or (b) a person who is not at risk of opioid overdose but who, in the judgment of the health care professional, may be in a position to assist another individual during an opioid-related drug overdose and who has received basic instruction on how to administer an opioid antagonist shall not, as a result of his or her acts or omissions, be subject to:
(i) any disciplinary or other adverse action under the Medical Practice Act of 1987, the Physician Assistant Practice Act of 1987, the Nurse Practice Act, the Pharmacy Practice Act, or any other professional licensing statute or (ii) any criminal liability, except for willful and wanton misconduct.
(2) A person who is not otherwise licensed to administer an opioid antagonist may in an emergency administer without fee an opioid antagonist if the person has received the patient information specified in HB0313 Enrolled - 33 - LRB100 04130 SMS 14135 b paragraph (4) of this subsection and believes in good faith that another person is experiencing a drug overdose.
The person shall not, as a result of his or her acts or omissions, be (i) liable for any violation of the Medical Practice Act of 1987, the Physician Assistant Practice Act of 1987, the Nurse Practice Act, the Pharmacy Practice Act, or any other professional licensing statute, or (ii) subject to any criminal prosecution or civil liability, except for willful and wanton misconduct.
(3) A health care professional prescribing an opioid antagonist to a patient shall ensure that the patient receives the patient information specified in paragraph (4) of this subsection.
Patient information may be provided by the health care professional or a community-based organization, substance abuse program, or other organization with which the health care professional establishes a written agreement that includes a description of how the organization will provide patient information, how employees or volunteers providing information will be trained, and standards for documenting the provision of patient information to patients.
Provision of patient information shall be documented in the patient's medical record or through similar means as determined by agreement between the health care professional and the organization.
The Director of the Division of Alcoholism and Substance Abuse, in HB0313 Enrolled - 34 - LRB100 04130 SMS 14135 b consultation with statewide organizations representing physicians, pharmacists, advanced practice registered nurses, physician assistants, substance abuse programs, and other interested groups, shall develop and disseminate to health care professionals, community-based organizations, substance abuse programs, and other organizations training materials in video, electronic, or other formats to facilitate the provision of such patient information.
(4) For the purposes of this subsection:
"Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S.
Food and Drug Administration.
"Health care professional" means a physician licensed to practice medicine in all its branches, a licensed physician assistant with prescriptive authority, a licensed advanced practice registered nurse with prescriptive authority, an advanced practice registered nurse or physician assistant who practices in a hospital, hospital affiliate, or ambulatory surgical treatment center and possesses appropriate clinical privileges in accordance with the Nurse Practice Act, or a pharmacist licensed to practice pharmacy under the Pharmacy Practice Act.
HB0313 Enrolled - 35 - LRB100 04130 SMS 14135 b "Patient" includes a person who is not at risk of opioid overdose but who, in the judgment of the physician, advanced practice registered nurse, or physician assistant, may be in a position to assist another individual during an overdose and who has received patient information as required in paragraph (2) of this subsection on the indications for and administration of an opioid antagonist.
"Patient information" includes information provided to the patient on drug overdose prevention and recognition;
how to perform rescue breathing and resuscitation;
opioid antagonist dosage and administration;
the importance of calling 911;
care for the overdose victim after administration of the overdose antagonist;
and other issues as necessary.
(e) Drug overdose response policy.
(1) Every State and local government agency that employs a law enforcement officer or fireman as those terms are defined in the Line of Duty Compensation Act must possess opioid antagonists and must establish a policy to control the acquisition, storage, transportation, and administration of such opioid antagonists and to provide training in the administration of opioid antagonists.
A State or local government agency that employs a fireman as defined in the Line of Duty Compensation Act but does not respond to emergency medical calls or provide medical HB0313 Enrolled - 36 - LRB100 04130 SMS 14135 b services shall be exempt from this subsection.
(2) Every publicly or privately owned ambulance, special emergency medical services vehicle, non-transport vehicle, or ambulance assist vehicle, as described in the Emergency Medical Services (EMS) Systems Act, which responds to requests for emergency services or transports patients between hospitals in emergency situations must possess opioid antagonists.
(3) Entities that are required under paragraphs (1) and (2) to possess opioid antagonists may also apply to the Department for a grant to fund the acquisition of opioid antagonists and training programs on the administration of opioid antagonists.
(Source:
P.A.
99-173, eff.
7-29-15;
99-480, eff.
9-9-15;
99-581, eff.
1-1-17;
99-642, eff.
7-28-16;
revised 9-19-16.) Section 30.
The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by changing Section 405-105 as follows:
(20 ILCS 405/405-105) (was 20 ILCS 405/64.1) Sec.
405-105.
Fidelity, surety, property, and casualty insurance.
The Department shall establish and implement a program to coordinate the handling of all fidelity, surety, property, and casualty insurance exposures of the State and the departments, divisions, agencies, branches, and universities HB0313 Enrolled - 37 - LRB100 04130 SMS 14135 b of the State.
In performing this responsibility, the Department shall have the power and duty to do the following:
(1) Develop and maintain loss and exposure data on all State property.
(2) Study the feasibility of establishing a self-insurance plan for State property and prepare estimates of the costs of reinsurance for risks beyond the realistic limits of the self-insurance.
(3) Prepare a plan for centralizing the purchase of property and casualty insurance on State property under a master policy or policies and purchase the insurance contracted for as provided in the Illinois Purchasing Act.
(4) Evaluate existing provisions for fidelity bonds required of State employees and recommend changes that are appropriate commensurate with risk experience and the determinations respecting self-insurance or reinsurance so as to permit reduction of costs without loss of coverage.
(5) Investigate procedures for inclusion of school districts, public community college districts, and other units of local government in programs for the centralized purchase of insurance.
(6) Implement recommendations of the State Property Insurance Study Commission that the Department finds necessary or desirable in the performance of its powers and duties under this Section to achieve efficient and comprehensive risk management.
HB0313 Enrolled - 38 - LRB100 04130 SMS 14135 b (7) Prepare and, in the discretion of the Director, implement a plan providing for the purchase of public liability insurance or for self-insurance for public liability or for a combination of purchased insurance and self-insurance for public liability (i) covering the State and drivers of motor vehicles owned, leased, or controlled by the State of Illinois pursuant to the provisions and limitations contained in the Illinois Vehicle Code, (ii) covering other public liability exposures of the State and its employees within the scope of their employment, and (iii) covering drivers of motor vehicles not owned, leased, or controlled by the State but used by a State employee on State business, in excess of liability covered by an insurance policy obtained by the owner of the motor vehicle or in excess of the dollar amounts that the Department shall determine to be reasonable.
Any contract of insurance let under this Law shall be by bid in accordance with the procedure set forth in the Illinois Purchasing Act.
Any provisions for self-insurance shall conform to subdivision (11).
The term "employee" as used in this subdivision (7) and in subdivision (11) means a person while in the employ of the State who is a member of the staff or personnel of a State agency, bureau, board, commission, committee, department, university, or college or who is a State officer, elected official, commissioner, member of or ex HB0313 Enrolled - 39 - LRB100 04130 SMS 14135 b officio member of a State agency, bureau, board, commission, committee, department, university, or college, or a member of the National Guard while on active duty pursuant to orders of the Governor of the State of Illinois, or any other person while using a licensed motor vehicle owned, leased, or controlled by the State of Illinois with the authorization of the State of Illinois, provided the actual use of the motor vehicle is within the scope of that authorization and within the course of State service.
Subsequent to payment of a claim on behalf of an employee pursuant to this Section and after reasonable advance written notice to the employee, the Director may exclude the employee from future coverage or limit the coverage under the plan if (i) the Director determines that the claim resulted from an incident in which the employee was grossly negligent or had engaged in willful and wanton misconduct or (ii) the Director determines that the employee is no longer an acceptable risk based on a review of prior accidents in which the employee was at fault and for which payments were made pursuant to this Section.
The Director is authorized to promulgate administrative rules that may be necessary to establish and administer the plan.
Appropriations from the Road Fund shall be used to pay auto liability claims and related expenses involving HB0313 Enrolled - 40 - LRB100 04130 SMS 14135 b employees of the Department of Transportation, the Illinois State Police, and the Secretary of State.
(8) Charge, collect, and receive from all other agencies of the State government fees or monies equivalent to the cost of purchasing the insurance.
(9) Establish, through the Director, charges for risk management services rendered to State agencies by the Department.
The State agencies so charged shall reimburse the Department by vouchers drawn against their respective appropriations.
The reimbursement shall be determined by the Director as amounts sufficient to reimburse the Department for expenditures incurred in rendering the service.
The Department shall charge the employing State agency or university for workers' compensation payments for temporary total disability paid to any employee after the employee has received temporary total disability payments for 120 days if the employee's treating physician, advanced practice registered nurse, or physician assistant has issued a release to return to work with restrictions and the employee is able to perform modified duty work but the employing State agency or university does not return the employee to work at modified duty.
Modified duty shall be duties assigned that may or may not be delineated as part of the duties regularly performed by the employee.
Modified duties shall be assigned within the prescribed HB0313 Enrolled - 41 - LRB100 04130 SMS 14135 b restrictions established by the treating physician and the physician who performed the independent medical examination.
The amount of all reimbursements shall be deposited into the Workers' Compensation Revolving Fund which is hereby created as a revolving fund in the State treasury.
In addition to any other purpose authorized by law, moneys in the Fund shall be used, subject to appropriation, to pay these or other temporary total disability claims of employees of State agencies and universities.
Beginning with fiscal year 1996, all amounts recovered by the Department through subrogation in workers' compensation and workers' occupational disease cases shall be deposited into the Workers' Compensation Revolving Fund created under this subdivision (9).
(10) Establish rules, procedures, and forms to be used by State agencies in the administration and payment of workers' compensation claims.
For claims filed prior to July 1, 2013, the Department shall initially evaluate and determine the compensability of any injury that is the subject of a workers' compensation claim and provide for the administration and payment of such a claim for all State agencies.
For claims filed on or after July 1, 2013, the Department shall retain responsibility for certain administrative payments including, but not limited to, payments to the private vendor contracted to perform HB0313 Enrolled - 42 - LRB100 04130 SMS 14135 b services under subdivision (10b) of this Section, payments related to travel expenses for employees of the Office of the Attorney General, and payments to internal Department staff responsible for the oversight and management of any contract awarded pursuant to subdivision (10b) of this Section.
Through December 31, 2012, the Director may delegate to any agency with the agreement of the agency head the responsibility for evaluation, administration, and payment of that agency's claims.
Neither the Department nor the private vendor contracted to perform services under subdivision (10b) of this Section shall be responsible for providing workers' compensation services to the Illinois State Toll Highway Authority or to State universities that maintain self-funded workers' compensation liability programs.
(10a) By April 1 of each year prior to calendar year 2013, the Director must report and provide information to the State Workers' Compensation Program Advisory Board concerning the status of the State workers' compensation program for the next fiscal year.
Information that the Director must provide to the State Workers' Compensation Program Advisory Board includes, but is not limited to, documents, reports of negotiations, bid invitations, requests for proposals, specifications, copies of proposed and final contracts or agreements, and any other materials concerning contracts or agreements for the program.
By the HB0313 Enrolled - 43 - LRB100 04130 SMS 14135 b first of each month prior to calendar year 2013, the Director must provide updated, and any new, information to the State Workers' Compensation Program Advisory Board until the State workers' compensation program for the next fiscal year is determined.
(10b) No later than January 1, 2013, the chief procurement officer appointed under paragraph (4) of subsection (a) of Section 10-20 of the Illinois Procurement Code (hereinafter "chief procurement officer"), in consultation with the Department of Central Management Services, shall procure one or more private vendors to administer the program providing payments for workers' compensation liability with respect to the employees of all State agencies.
The chief procurement officer may procure a single contract applicable to all State agencies or multiple contracts applicable to one or more State agencies.
If the chief procurement officer procures a single contract applicable to all State agencies, then the Department of Central Management Services shall be designated as the agency that enters into the contract and shall be responsible for the contract.
If the chief procurement officer procures multiple contracts applicable to one or more State agencies, each agency to which the contract applies shall be designated as the agency that shall enter into the contract and shall be responsible for the contract.
If the chief procurement officer procures HB0313 Enrolled - 44 - LRB100 04130 SMS 14135 b contracts applicable to an individual State agency, the agency subject to the contract shall be designated as the agency responsible for the contract.
(10c) The procurement of private vendors for the administration of the workers' compensation program for State employees is subject to the provisions of the Illinois Procurement Code and administration by the chief procurement officer.
(10d) Contracts for the procurement of private vendors for the administration of the workers' compensation program for State employees shall be based upon, but limited to, the following criteria:
(i) administrative cost, (ii) service capabilities of the vendor, and (iii) the compensation (including premiums, fees, or other charges).
A vendor for the administration of the workers' compensation program for State employees shall provide services, including, but not limited to:
(A) providing a web-based case management system and provide access to the Office of the Attorney General;
(B) ensuring claims adjusters are available to provide testimony or information as requested by the Office of the Attorney General;
(C) establishing a preferred provider program for all State agencies and facilities;
and (D) authorizing the payment of medical bills at the HB0313 Enrolled - 45 - LRB100 04130 SMS 14135 b preferred provider discount rate.
(10e) By September 15, 2012, the Department of Central Management Services shall prepare a plan to effectuate the transfer of responsibility and administration of the workers' compensation program for State employees to the selected private vendors.
The Department shall submit a copy of the plan to the General Assembly.
(11) Any plan for public liability self-insurance implemented under this Section shall provide that (i) the Department shall attempt to settle and may settle any public liability claim filed against the State of Illinois or any public liability claim filed against a State employee on the basis of an occurrence in the course of the employee's State employment;
(ii) any settlement of such a claim is not subject to fiscal year limitations and must be approved by the Director and, in cases of settlements exceeding $100,000, by the Governor;
and (iii) a settlement of any public liability claim against the State or a State employee shall require an unqualified release of any right of action against the State and the employee for acts within the scope of the employee's employment giving rise to the claim.
Whenever and to the extent that a State employee operates a motor vehicle or engages in other activity covered by self-insurance under this Section, the State of Illinois shall defend, indemnify, and hold harmless the HB0313 Enrolled - 46 - LRB100 04130 SMS 14135 b employee against any claim in tort filed against the employee for acts or omissions within the scope of the employee's employment in any proper judicial forum and not settled pursuant to this subdivision (11), provided that this obligation of the State of Illinois shall not exceed a maximum liability of $2,000,000 for any single occurrence in connection with the operation of a motor vehicle or $100,000 per person per occurrence for any other single occurrence, or $500,000 for any single occurrence in connection with the provision of medical care by a licensed physician, advanced practice registered nurse, or physician assistant employee.
Any claims against the State of Illinois under a self-insurance plan that are not settled pursuant to this subdivision (11) shall be heard and determined by the Court of Claims and may not be filed or adjudicated in any other forum.
The Attorney General of the State of Illinois or the Attorney General's designee shall be the attorney with respect to all public liability self-insurance claims that are not settled pursuant to this subdivision (11) and therefore result in litigation.
The payment of any award of the Court of Claims entered against the State relating to any public liability self-insurance claim shall act as a release against any State employee involved in the occurrence.
(12) Administer a plan the purpose of which is to make HB0313 Enrolled - 47 - LRB100 04130 SMS 14135 b payments on final settlements or final judgments in accordance with the State Employee Indemnification Act.
The plan shall be funded through appropriations from the General Revenue Fund specifically designated for that purpose, except that indemnification expenses for employees of the Department of Transportation, the Illinois State Police, and the Secretary of State shall be paid from the Road Fund.
The term "employee" as used in this subdivision (12) has the same meaning as under subsection (b) of Section 1 of the State Employee Indemnification Act.
Subject to sufficient appropriation, the Director shall approve payment of any claim, without regard to fiscal year limitations, presented to the Director that is supported by a final settlement or final judgment when the Attorney General and the chief officer of the public body against whose employee the claim or cause of action is asserted certify to the Director that the claim is in accordance with the State Employee Indemnification Act and that they approve of the payment.
In no event shall an amount in excess of $150,000 be paid from this plan to or for the benefit of any claimant.
(13) Administer a plan the purpose of which is to make payments on final settlements or final judgments for employee wage claims in situations where there was an appropriation relevant to the wage claim, the fiscal year and lapse period have expired, and sufficient funds were HB0313 Enrolled - 48 - LRB100 04130 SMS 14135 b available to pay the claim.
The plan shall be funded through appropriations from the General Revenue Fund specifically designated for that purpose.
Subject to sufficient appropriation, the Director is authorized to pay any wage claim presented to the Director that is supported by a final settlement or final judgment when the chief officer of the State agency employing the claimant certifies to the Director that the claim is a valid wage claim and that the fiscal year and lapse period have expired.
Payment for claims that are properly submitted and certified as valid by the Director shall include interest accrued at the rate of 7% per annum from the forty-fifth day after the claims are received by the Department or 45 days from the date on which the amount of payment is agreed upon, whichever is later, until the date the claims are submitted to the Comptroller for payment.
When the Attorney General has filed an appearance in any proceeding concerning a wage claim settlement or judgment, the Attorney General shall certify to the Director that the wage claim is valid before any payment is made.
In no event shall an amount in excess of $150,000 be paid from this plan to or for the benefit of any claimant.
Nothing in Public Act 84-961 shall be construed to affect in any manner the jurisdiction of the Court of Claims concerning wage claims made against the State of Illinois.
HB0313 Enrolled - 49 - LRB100 04130 SMS 14135 b (14) Prepare and, in the discretion of the Director, implement a program for self-insurance for official fidelity and surety bonds for officers and employees as authorized by the Official Bond Act.
(Source:
P.A.
99-581, eff.
1-1-17.) Section 35.
The Regional Integrated Behavioral Health Networks Act is amended by changing Section 20 as follows:
(20 ILCS 1340/20) Sec.
20.
Steering Committee and Networks.
(a) To achieve these goals, the Department of Human Services shall convene a Regional Integrated Behavioral Health Networks Steering Committee (hereinafter "Steering Committee") comprised of State agencies involved in the provision, regulation, or financing of health, mental health, substance abuse, rehabilitation, and other services.
These include, but shall not be limited to, the following agencies:
(1) The Department of Healthcare and Family Services.
(2) The Department of Human Services and its Divisions of Mental Illness and Alcoholism and Substance Abuse Services.
(3) The Department of Public Health, including its Center for Rural Health.
The Steering Committee shall include a representative from each Network.
The agencies of the Steering Committee are HB0313 Enrolled - 50 - LRB100 04130 SMS 14135 b directed to work collaboratively to provide consultation, advice, and leadership to the Networks in facilitating communication within and across multiple agencies and in removing regulatory barriers that may prevent Networks from accomplishing the goals.
The Steering Committee collectively or through one of its member Agencies shall also provide technical assistance to the Networks.
(b) There also shall be convened Networks in each of the Department of Human Services' regions comprised of representatives of community stakeholders represented in the Network, including when available, but not limited to, relevant trade and professional associations representing hospitals, community providers, public health care, hospice care, long term care, law enforcement, emergency medical service, physicians, advanced practice registered nurses, and physician assistants trained in psychiatry;
an organization that advocates on behalf of federally qualified health centers, an organization that advocates on behalf of persons suffering with mental illness and substance abuse disorders, an organization that advocates on behalf of persons with disabilities, an organization that advocates on behalf of persons who live in rural areas, an organization that advocates on behalf of persons who live in medically underserved areas;
and others designated by the Steering Committee or the Networks.
A member from each Network may choose a representative who may serve on the Steering Committee.
HB0313 Enrolled - 51 - LRB100 04130 SMS 14135 b (Source:
P.A.
99-581, eff.
1-1-17.) Section 40.
The Mental Health and Developmental Disabilities Administrative Act is amended by changing Sections 5.1, 14, and 15.4 as follows:
(20 ILCS 1705/5.1) (from Ch.
91 1/2, par.
100-5.1) Sec.
5.1.
The Department shall develop, by rule, the procedures and standards by which it shall approve medications for clinical use in its facilities.
A list of those drugs approved pursuant to these procedures shall be distributed to all Department facilities.
Drugs not listed by the Department may not be administered in facilities under the jurisdiction of the Department, provided that an unlisted drug may be administered as part of research with the prior written consent of the Secretary specifying the nature of the permitted use and the physicians authorized to prescribe the drug.
Drugs, as used in this Section, mean psychotropic and narcotic drugs.
No physician, advanced practice registered nurse, or physician assistant in the Department shall sign a prescription in blank, nor permit blank prescription forms to circulate out of his possession or control.
(Source:
P.A.
99-581, eff.
1-1-17.) (20 ILCS 1705/14) (from Ch.
91 1/2, par.
100-14) HB0313 Enrolled - 52 - LRB100 04130 SMS 14135 b Sec.
14.
Chester Mental Health Center.
To maintain and operate a facility for the care, custody, and treatment of persons with mental illness or habilitation of persons with developmental disabilities hereinafter designated, to be known as the Chester Mental Health Center.
Within the Chester Mental Health Center there shall be confined the following classes of persons, whose history, in the opinion of the Department, discloses dangerous or violent tendencies and who, upon examination under the direction of the Department, have been found a fit subject for confinement in that facility:
(a) Any male person who is charged with the commission of a crime but has been acquitted by reason of insanity as provided in Section 5-2-4 of the Unified Code of Corrections.
(b) Any male person who is charged with the commission of a crime but has been found unfit under Article 104 of the Code of Criminal Procedure of 1963.
(c) Any male person with mental illness or developmental disabilities or person in need of mental treatment now confined under the supervision of the Department or hereafter admitted to any facility thereof or committed thereto by any court of competent jurisdiction.
If and when it shall appear to the facility director of the Chester Mental Health Center that it is necessary to confine persons in order to maintain security or provide for the HB0313 Enrolled - 53 - LRB100 04130 SMS 14135 b protection and safety of recipients and staff, the Chester Mental Health Center may confine all persons on a unit to their rooms.
This period of confinement shall not exceed 10 hours in a 24 hour period, including the recipient's scheduled hours of sleep, unless approved by the Secretary of the Department.
During the period of confinement, the persons confined shall be observed at least every 15 minutes.
A record shall be kept of the observations.
This confinement shall not be considered seclusion as defined in the Mental Health and Developmental Disabilities Code.
The facility director of the Chester Mental Health Center may authorize the temporary use of handcuffs on a recipient for a period not to exceed 10 minutes when necessary in the course of transport of the recipient within the facility to maintain custody or security.
Use of handcuffs is subject to the provisions of Section 2-108 of the Mental Health and Developmental Disabilities Code.
The facility shall keep a monthly record listing each instance in which handcuffs are used, circumstances indicating the need for use of handcuffs, and time of application of handcuffs and time of release therefrom.
The facility director shall allow the Illinois Guardianship and Advocacy Commission, the agency designated by the Governor under Section 1 of the Protection and Advocacy for Persons with Developmental Disabilities Act, and the Department to examine and copy such record upon request.
The facility director of the Chester Mental Health Center HB0313 Enrolled - 54 - LRB100 04130 SMS 14135 b may authorize the temporary use of transport devices on a civil recipient when necessary in the course of transport of the civil recipient outside the facility to maintain custody or security.
The decision whether to use any transport devices shall be reviewed and approved on an individualized basis by a physician, an advanced practice registered nurse, or a physician assistant based upon a determination of the civil recipient's:
(1) history of violence, (2) history of violence during transports, (3) history of escapes and escape attempts, (4) history of trauma, (5) history of incidents of restraint or seclusion and use of involuntary medication, (6) current functioning level and medical status, and (7) prior experience during similar transports, and the length, duration, and purpose of the transport.
The least restrictive transport device consistent with the individual's need shall be used.
Staff transporting the individual shall be trained in the use of the transport devices, recognizing and responding to a person in distress, and shall observe and monitor the individual while being transported.
The facility shall keep a monthly record listing all transports, including those transports for which use of transport devices was not sought, those for which use of transport devices was sought but denied, and each instance in which transport devices are used, circumstances indicating the need for use of transport devices, time of application of transport devices, time of release from those devices, and any adverse events.
The facility director HB0313 Enrolled - 55 - LRB100 04130 SMS 14135 b shall allow the Illinois Guardianship and Advocacy Commission, the agency designated by the Governor under Section 1 of the Protection and Advocacy for Persons with Developmental Disabilities Act, and the Department to examine and copy the record upon request.
This use of transport devices shall not be considered restraint as defined in the Mental Health and Developmental Disabilities Code.
For the purpose of this Section "transport device" means ankle cuffs, handcuffs, waist chains or wrist-waist devices designed to restrict an individual's range of motion while being transported.
These devices must be approved by the Division of Mental Health, used in accordance with the manufacturer's instructions, and used only by qualified staff members who have completed all training required to be eligible to transport patients and all other required training relating to the safe use and application of transport devices, including recognizing and responding to signs of distress in an individual whose movement is being restricted by a transport device.